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A23017 Anno quinto reginæ Elizabethe. At the parliament holden at Wesmynster the .xii. of Ianuary, in the fyfth yere of the raigne of our soueraigne lady, Elizabeth by the grace of god, of England, Fraunce, and Irelande, quene, defendour of the the fayth. [et]c. To the hygh pleasure of almyghtye God, and the weale publique of this realme, were enacted as foloweth; Laws, etc. England and Wales. 1564 (1564) STC 9464.5; ESTC S113166 167,827 188

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person or persons as had hath or hereafter shall haue any office or ministery in any Ecclesiasticall Court of this Realme vnder any Archbishoppe or Bishoppe in any the tymes or reignes aforesayde or such person or persons as shall wylfully refuse to obserue the orders rites for diuine seruice that be aucthorised to be vsed obserued in the Church of England after that he or they shal be publikely by the Ordinary or some of his officers for ecclesiasticall causes admonished to kepe and obserue the same or such as shall openly aduisedly depraue by wordes writinges or any other open facte any of the Rites Ceremonies at any tyme vsed aucthorised to be vsed in the Church of Englande or that shal say or heare the priuate Masse prohibited by the lawes of this Realme and that all such persons shal be compellable to take the othe vpon the seconde tender or offer of the same and incurre the penalties for not takyng of the sayde othe and none other AND forasmuch as it is doubtfull whether by the lawes of this Realme there be any punishment for suche as kyll or slea any person or persons attainted in or vpon a premunire Be it therefore enacted by aucthoritie aforesaid that it shall not be lawfull to any person or persons to slea or kyll any person or persons in any maner attaynted or hereafter to be attaynted of in or vpon any premunire by pretence reason or aucthoritie of any iudgement geuen or hereafter to be geuen in or vpon the same or by pretence reason or force of any worde or wordes thing or thinges conteyned or specified in any statute or lawe of prouision premunire or in any of them Any law or statute or opinion or exposition of any lawe or Statute to the contrary in any wyse notwithstandyng Sauyng alwayes the due execution of all and euery person and persons attaynted or to be attaynted for any offence wherevpon iudgement of death nowe is or ought to be or hereafter may lawfully be geuen by reason of this Statute or otherwyse And sauyng alwayes all and euery such payne of death or other hurte or punishment as heretofore might without daunger of law be done vppon any person or persons that shall sende or bryng into this Realme or any other the Quenes dominions or within the same shall execute any summons sentence excommunication or other proces agaynst any person or persons from the Byshop of Rome for the tyme beyng or by and from the See of Rome or thaucthoritie or iurisdiction of the same See Prouided alwayes and be it enacted by the aucthoritie aforesayde that no person or persons shall hereafter be endyted for assisting aydyng mainteynyng comfortyng or abettyng of any person or persons for any the said offences in extollyng settyng forth or defending of the vsurped power and aucthoritie of the Bishop of Rome vnlesse he or they be therof lawfully accused by suche good and sufficient testimony or profe as by the Iurye by whom he shall so be endyted shal be thought good lawfull and sufficient to proue hym or them gylty of the sayde offences ¶ An Act for the maintenaunce and encrease of Tyllage The .ii. Chapter FOrasmuch as the Statute made in the fourth yere of the raigne of the late prince of worthy memorye Kyng Henry the seuenth for the kepyng vp of houses of husbandry and one other Statute made in the .vii. yere of the raigne of the late Kyng of moste famous memory Kyng Henry the eyght entituled an Acte to auoyde lettyng downe of Townes and also one other Acte made in the .xxvii. yere of the reigne of the same late kyng Henry the eyght entituled an Acte concerning the decay of houses and inclosures are very good and profytable lawes for the common wealth of this Realme It is therefore ordeyned and establyshed by the Quene our Soueraigne Ladye with the assent of the Lordes Spirituall and Temporall and the commons in this present Parliament assembled and by the aucthoritie of the same that the sayde Actes and euery of them and euery braunche and article in the same and euery of them conteyned shall from henceforth be put in due execution and remayne and continue in force for euermore And also where by an Acte made in the .xxvii. yere of the reigne of our sayde late Soueraigne Lorde Kynge Henry the eyght whereby diuers sundrye religious houses of Monkes Channons and Nunnes whiche myght not dispende in landes tenements and hereditamentes aboue the clere yerely value of two hundreth poundes were geuen to the sayde late Kynge Henry the eyght his heyres and successours for euer It is among other thynges enacted and ordeyned that all and singuler persons and bodyes polytyke and corporate to whom the sayde late kyng Henry the eyght his heyres or successours after the makynge of the same Acte shoulde geue graunt lette or demyse any Scite or precincte with the houses thervppon buylded together with the demeanes of any Monasteries Priories or other religious houses that shoulde be dissolued or geuen to the sayde late kyng Henry the eyght by that Acte and the heyres successours or assignes of euery suche person bodye polytyke and corporate shoulde kepe or cause to be kepte an honest contynuall house and householde in the same Scite or precincte and shoulde occupye or cause to be occupyed yerelye as much of the demeanes in ploughyng and tyllyng of husbandrye that is to saye as muche of the sayde demeanes whiche then were commonlye vsed to be kepte in tyllage by the Gouernours Abbottes or Pryours of the same houses Monasteries or Priories or by theyr fermour or fermours occupying the same within the tyme of twentie yeres nexte before that Acte vppon payne to forfayte to the kynges hyghnesse for euery moneth so offendynge .vi. li. xiii s. iiii d. to be recouered to his vse in anye of his Courtes of Recorde And ouer that by the same Statute it is enacted that all Iustices of peace in euery Shyre where any suche offence should be committed and done contrary to the true meanyng intent of that Acte or statute shoulde in euery quarter and generall Sessyons within the limittes of their Cōmission enquire of the premisses and shoulde haue full power and aucthoritie to heare and determine the same and to taxe and assesse no lesse fine for euery the sayde offences then is before limitted for the sayde offence and estreates therof to be made and certified into the Kynges Exchequer accordynge and at suche tyme and fourme as other estreates of fynes issues and amerciamentes bee made by the same Iustyces as by the same Acte more at large doth appeare Whiche parte of the sayde Acte concernyng kepynge of house and householde in the sayde Scites and precinctes and occupying of such demeanes of the same in tyllage as is aforesayde then was and yet is thought very beneficiall to the common wealth and moste nedefull to be put in due execution BE IT therefore enacted by the aucthoritie
Maiestie intituled an Acte for true currying of leather One other Act made in the third and fourth yeres of our sayde soueraigne Lorde kyng Edward the syxt intituled an Acte for bying rough hydes and Calues skinnes And as much of an Acte made in the .v. and .vi. yeres of our sayde late soueraigne Lorde kyng Edwarde the .vi. intituled an Acte agaynst regrating of tanned leather as doth prouide or geue libertie to any person or persons to carry ouer any shoes bootes buskynnes startvppes slippers and other made wares to the towne of Callyce And one other Acte made in the first yere of our soueraigne Lady the Quenes Maiestie intituled an Acte touchyng Shoemakers Curryers And one other act made in the saide fyrst yere intituled an Acte touchyng sellyng of tanned leather shall from and after the sayde feast of Saint Michaell nexte commyng be vtterly repealed An Act for the punishement of such persons as shall procure or commit any wylfull periury ¶ The .ix. Chapter WHere in the Parliament holden at Westminster in the xxxii yere of the raigne of the late king of famous memorye kyng Henry the .viii. emongest other thinges it was ordeyned enacted established that no person or persons of what estate degree or conditiō soeuer he or they were should frō thenceforth vnlawfully suborne any witnes or witnesses by letters rewardes promises or by any other sinister labour or meanes for to maynteyne any matter or cause or to the disturbāce or hinderaunce of Iustice or to the procurement or occasion of any maner of periury by false verdict or otherwise in any of the kinges courtes of the Chauncery the Starre chamber the white hall or els where within any the kynges dominiōs of England or Wales or the marches of the same where any persō or persons haue or from thenceforth shoulde haue aucthoritie by vertue of the kinges Cōmission patent or writ to holde plea of land or to examine heare or determine any tytle of landes or any matter or witnesses concerning the title right or interest of any landes tenementes or hereditamētes vpon payne of forfaiture for euery such offence x.li th one moitie therof to be to the kyng thother to the partie that would sue for y e same as by the same estatute amonges diuers other thynges more plainly it doth appeare Sithens y t makyng wherof for that the said penaltie is so smal towardes the offendours in y t behalfe the said offence of subornation sinister procuremēt of false witnesse hath neuerthelesse greatly encreased and augmēted by reason of the wylfull periury cōmitted by the same suborned witnesses diuers sundry of the Quenes Maiesties subiectes haue susteyned disherison great impoueryshment aswell of theyr landes tenementes as also of theyr goodes cattelles Be it therfore enacted by our soueraigne Lady the Quene by the assent of the Lordes spirituall temporall and the cōmons in this present parliament assembled by thaucthoritie of the same that all euery such person and persons which at any tyme after the .x. day of April next cōming shal vnlawfully corruptly procure any witnes or witnesses by letters rewardes promises or by any other sinister vnlawfull labour or meanes whatsoeuer to commit any wylful corrupt periury in any matter or cause whatsoeuer now depending or which hereafter shall depend in sute varyaunce by any writ action hyll complaynt or information in any wyse touching or concerning any landes tenementes or hereditamentes or any goodes cattels debtes or damages in any of the courtes before mentioned or in any of the Quenes Maiesties courtes of Record or in any leete viewe of franke pledge or lawdaye auncient demeane court hundred-courte courte baron or in the courte or courtes of the Stannery in the counties of Deuon and Cornwal or shall lykewyse vnlawfully and corruptly procure or suborne any witnes or witnesses which shall from and after the said tenth daye of Apryll be sworne to testifie in perpetuam rei memoriame that then euery such offendour or offendours shal for his hers or their said offence being therof lawfully conuicted or attainted lose and forfaite the sūme of fortie poundes And if it happen any such offendour or offendours so beyng conuicted or attaynted as aforesaid not to haue any goodes or cattelles landes or tenementes to the value of xl.li that then euery such person so beyng conuicte or attaynted of any the offences aforesayde shall for his or theyr sayde offence suffer imprisonment by the space of one halfe yere without bayle or mainprise and to stand vpon the pyllory by the space of one whole houre in some market Towne next adioynyng to the place where the offence was committed in open market there or in the market towne it selfe where the offence was cōmitted And that no person or persons beyng so conuicted or attaynted to be from thenceforth receaued as a witnes to be deposed or sworne in any Court of Record within anye of the Quenes hyghnes dominions of England Wales or the marches of the same vntyll such tyme as the iudgement geuen agaynst the sayde person or persons shal be reuersed by attaynt or otherwyse and that vpon euery such reuersall the parties grieued to recouer his or theyr damages agaynste all euery such person and persons as dyd procure the sayde iudgement so reuersed to be fyrst geuen agaynst them or any of them by action or actions to be sued vppon his or theyr case or cases accordyng to the course of the common lawes of this Realme And be it further enacted by the aucthoritie aforesayde that yf any person or persons after the sayde tenth day of Apryll next commyng eyther by the subornation vnlawfull procurement sinister perswasion or meanes of any others or by theyr owne act consent or agrement wylfully and corruptly commit any maner of wylful periury by his or their deposition in anye of the Courtes before mentioned or beyng examined ad perpetuam rei memoriam that then euery person and persons so offendyng and beyng thereof duely conuict or attaynted by the lawes of this Realme shal for his or their sayde offence lose and forfait twentie poundes and to haue imprisonment by the space of .vi. monethes without bayle or mainprise and the othe of such person or persons so offendyng from thenceforth not to be receaued in anye Courte of Recorde within this Realme of Englande or Wales or the marches of the same vntyll such tyme as the iudgement geuen agaynst the sayd person or persons shal be reuersed by attaynt or otherwyse And that vpon euery such reuersall the parties grieued to recouer his or theyr damages agaynst all and euery such person and persons as dyd procure the sayde iudgement so reuersed to be geuen agaynst them or any of them by action or actions to be sued vpon his or theyr case or cases accordyng to the course of the cōmon lawes of this Realme And yf it happen the said offendour or offendours so offendyng not
default contempt by him made against the proclamation of any of the saide writtes so infinitelye to be awarded against hym shall incurre lyke payne and forfaiture of xx.li which shall lykewyse be extreated in maner and fourme aforesayde And be it further enacted by thaucthoritie aforesaid that when any person or persons shall yelde his or theyr body or bodyes to the handes of the sheriffe or other officer vpon any of the saide writtes of Capias that then the same partie or parties that shal so yeld them selues shall remayne in the prison and custody of the sayde sheriffe or other officer without Bayle Baston or maynpryse in suche lyke maner and fourme to all intentes and purposes as he or they shoulde or ought to haue done if he or they hadde ben apprehended and taken vpon the sayde writte of Excomunicato capiendo And be it further enacted by thaucthoritie aforesaid that if any Sheriffe or other officer by whom the sayde writte of Capias or any of them shal be retourned as is aforesayde do make an vntrue retourne vpon any of the sayde writtes that the partie named in the saide writte hath not yelded his body vpon the said proclamations or any of them where in dede the partie did yelde him selfe accordyng to the effect of the same That then euery suche Sheriffe or other officer for euery such false and vntrue retourne shall forfait to the partie grieued dampnified by the said retourne the sūme of xl.li For the which summe of xl.li the said partie grieued shal haue his recouery and due remedie by action of debt byll playnt or information in any of the Quenes courtes of Record in which action byll playnt or information no essoigne protection or wager of lawe shal be admitted or alowed for the partie defendaunt Sauyng and reseruing to all Archbyshops and Byshops and all others hauing aucthoritie to certifie any person excommunicated lyke aucthoritie to accept receaue the submission and satisfaction of the sayde person so excommunicated in maner and fourme heretofore vsed and hym to absolue and release and the same to signifie as heretofore it hath ben accustomed to the Quenes Maiestie her heyres and successours into the hygh court of Chaūcery and thervpon to haue such writtes for the deliueraunce of the said person so absolued released from the Sheriffes custody or prison as heretofore they or any of them had or of ryght ought or myght haue had Any thyng in this present Statute specified or conteyned to the contrary hereof in any wyse notwithstandyng Prouided alwayes that in Wales the Counties palatines of Lancaster Chester Durham and Eley in the Sinque portes beyng iurisdictions and places exempt where the Quenes Maiesties writte doth not runne and proces of Capias from thence not retournable into the sayde Courte of the kynges Benche after any significauit beyng of recorde in the sayde court of Chauncerye the tenour of such Significauit by Mittimus shal be sent to such of the head officers of the sayde countrye of Wales Counties palatines and places exempt within whose offices charge or iurisdiction the offendour shal be resiaunt that is to say to the Chauncelour or Chamberlayne for the sayde Countie palatine of Lancaster and Chester and for the Sinque portes to the Lorde Warden of the same and for Wales and Eley and the Countie palatine of Durham to the chiefe Iustice or Iustices there And therevpon euery of the saide Iustices and officers to whom such tenour of Significauit with Mittimus shal be directed and delyuered shall by vertue of this estatute haue power and aucthoritie to make lyke proces to the inferiour officer and officers to whom the execution of proces there doth appertayne returnable before the Iustices there at their next Sessions or Courtes two monethes at the least after the Teste of euery suche proces So alwayes as in euery degree they shal proceade in their Sessions and Courtes agaynst the offendours as the Iustices of the sayde Courte of Kynges Benche are limitted by the tenour of this Acte in Terme tymes to do and execute Prouided also and be it enacted that any person at the tyme of any proces of Capias afore mentioned awarded beyng in pryson or out of this Realme in the Parties beyonde the Sea or within age or of non sane memorie or woman couert shall not incurre any of the paynes or forfaitures afore mentioned whiche shall growe by any retourne or default happenyng duryng such tyme of nonage imprisonment beyng beyonde the Sea or non sane memorie And that by vertue of this estatute the partie greued may pleade euery such cause or matter in barre of and vpon the distresse or other proces that shal be made for leuying of any of the sayde paynes or forfaitures And that yf thoffendour agaynst whom any suche writte of Excomunicato capiendo shal be awarded shall not in the same writte of Excomunicato capiendo haue a sufficient and lawfull addition accordyng to the fourme of the estatute of prime of Henry the .v. in cases of certaine suites whervpon proces of exigent are to be awarded Or if in the Significauit it be not conteyned that thexcommunication doth proceade vpon some cause or contempt of some originall matter of heresye or refusyng to haue his or theyr chylde baptised or to receaue the holy Communion as it is nowe commonly vsed to be receaued in the Churche of Englande or to come to diuine seruice nowe commonly vsed in the sayde Churche of Englande or errour in matters of religion or doctrine nowe receaued and allowed in the sayde Churche of Englande incontinencie vsury simonie periury in the Ecclesiasticall court or Idolatrye That then all and euery paynes and forfaitures limitted agaynst suche persones excommunicate by this estatute by reason of such writte of excomunicato capiendo wantyng sufficiēt addition or of such Significauit wanting all the causes afore mentioned shal be vtterly voyde in lawe and by waye of plea to be alowed to the partie grieued And yf the addition shal be with a nuper of the place then in euery such case at the awarding of the first Capias with proclamation according to the fourme afore mentioned one writte of proclamation without any payne expressed shal be awarded into the Countie where the offendour shal be most commonly resyant at the tyme of the awardyng of the sayde first Capias with payne in the same writte of proclamation to be retournable the daye of the retourne of the sayde fyrst Capias with payne and proclamation therevpon at some one such tyme and court as is prescribed for the proclamation vpon the sayde fyrst Capias with payne And yf such proclamation be not made in the Countie where thoffendour shal be moste commonly resiaunt in such cases of additions of nuper that then such offendour shal susteine no payne or forfaiture by vertue of this estatute for not yeldyng his or her bodye accordyng to the tenour afore mentioned Any thing before specified
the common Saterday And be it further enacted by the aucthoritie aforesaid for the benefytte commodities of this Realme to grow aswel in maintenaunce of the Nauie as in sparing encrease of fleshe victual of this Realme that from after the feast of Pentecoste next comminge it shal not be lawful to any person or persons within this Realme to eate any flesh vpon any dayes now vsuallye obserued as fyshe dayes or vppon any wednesday now newly limitted to be obserued as fysh day vpō paine that euery person offendyng herein shal forfait iii.li for euery time he or they shall offende or elles suffer three monethes close imprisonment without bayle or maynprise And euerye persone or persones wythin whose house any suche offence shal be done and beinge priuy or knowinge therof and not effectuallye punishinge or disclosinge the same to some publyque officer hauinge aucthoritie to punyshe the same for euery suche offence to forfeyt fortie shillinges All whiche forfeytures for not abstaynynge from meates shal be deuyded into three equall partes That is one part to the vse of the Quenes Maiestye her heires or successours the other parte to the informer the thyrde to the common vse of the parishe where the offence is or shal be committed and to be leuyed by the Churche wardens after any conuiction in that behalfe Prouided alwayes and be it enacted that this acte nor any thing herein conteyned concernyng eating of fleshe shall in any wise extende to any person or persons that shall hereafter haue any special license vpon causes to be conteyned in the saide lycense and to be graunted accordynge to the lawes of this Realme in suche cases prouided Al and euery which said license and lycenses shal be voide to all ententes vnlesse the same conteyne the conditions hereafter mentioned That is to say euery license made to any person or persons being of the degree of a Lord of Parlyament or of their wyues shal be vpon condition that euery suche person so to be lycensed shall paye to the poore mens boxe within the parishe where they shal dwell or remaine in the feaste of the Purification of the blessed virgin Mary or within vi dayes after the same feaste xxvi.s viii d The same to be payde within one moneth next after the same feaste vpon payne of forfeiture of euery suche license And euery lycence to any person of the degree of a Knight or a Knightes wife shal be vpon condition that euery suche person so lycensed shall paye yerely xiii.s iiii d to the vse aforesaide and in fourme afore mentioned And euery license to any person or persons being vnder the degrees abouesaid shal be vpon condition that euery suche person so licensed shall paye yerely vi.s.viii.d to the sayd vse and in fourme afore mentioned Prouided alwayes that no lycense shall extende to the eating of any Byefe at any tyme of the yere nor to the eating of any Veale in any yere from the feaste of Saint Michaell the Archangell vntyl the first daye of Maye Prouided also that all persons whiche by reason of notorious sycknes shal be enforsed for recouerye of health to eate fleshe for the tyme of their sicknes shal be sufficiently lycensed by the Byshoppe of the diocesse or by the Parson Vycar or Curat of the parishe where suche person shal be sicke or of one the nexte parishe adioyninge if the saide Parson Vicar or Curat of his or their owne parishe be wilful or if there be no Curate within the same parishe Which lycense shal be made in writinge signed with the hande of the Byshoppe of the dioces or of the Parson Vycar or Curate and not endure longer then the time of the sicknes And that if the sicknes shal continue aboue the space of .viii. dayes after suche lycense graunted then the license shal be registred in the Churche booke with the knowledge of one of the Churche wardens and the partie licensed shall gyue to the Curate iiii.d for the entrye therof And that license to endure no longer but onlye for the tyme of his her or their sicknes And if any license by any Parson Vicar or Curate be graunted to any person or persons other then suche as euydentlye appeare to haue nede thereof by reason of their sicknes not onlye euery suche lycense shal be voyde but also euerye suche Parson Curate or Vycare shall forfait for euerye suche lycense otherwyse graunted fyue markes Prouided also and be it enacted that all lycenses heretofore graunted to any subiecte of this Realme by any of the late Kynges or by the late Quene Mary or by the Quenes Maiestie now beinge or by any Archebyshoppe of this Realme hauinge aucthoritie so to do shal be of as good force in lawe for the wednesday nowe lymitted and other accustomed fyshe dayes as they were before the makynge of this Acte for the saide other accustomed fyshe dayes so as the parties lycensed do hereafter obserue all suche conditions as be lymitted in this estatute to suche as hereafter shall obteyne any lycenses And suche persons also as heretofore were or ought to be lycensed by reason of age or other impediment or cause by order of the Ecclesiastical lawes shal enioye the same priuilege and accustomed lycenses any thinge in this Acte to the contrary hereof in any wise notwithstanding And be it enacted by the aucthoritie of this present Parliament that no forfeiture of Shippe Crayer or other vessel or of any apparel of the same nor any other penaltie or forfeyture shal be extended or growe against any owner or owners of any Shippe Crayer or other vessell for the transportinge or carrying of any Wheate or other Corne or thinges prohibited by the estatute made in the Parliament holden the firste and seconde yeres of Kynge Phillippe and Quene Mary vnlesse the same owner or owners shal be wittinge knowinge aydyng or consentynge to the prohibited transporting or carryinge the saide Estatute or any thinge therein mentioned to the contrarye hereof in any wise notwitstandyng And be it further enacted by the aucthoritie of this present Parliament that all and euery person and persons whiche be or shal be by the lawes and estatutes of this Realme or otherwise aucthorysed to sell wynes by retaile in the seuerall Counties and places where they be or shal be so aucthorised shall and maye from hencefourth sell the saide wynes by pynte quarte pottell gallon or otherwyse at suche price or pryces and in suche fourme as shal be lymitted by the Quenes Maiesties proclamation in that Countie or place made with the assente of suche lordes and other persons as by the statute made in the .xxviii. yere of the reigne of Kynge Henry the eyght were aucthorised to set price vppon wynes in grosse without any payne or forfeyture for the same Any lawe vsage or estatute heretofore made or had to the contrary hereof in any wise notwithstandinge And be it further enacted by the aucthoritie of this present Parlyament that from and after the