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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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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
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
diuers and sondry other persones and bodyes polytyke and corporate by sondry meanes conueyaunces and assuraunces accordyng to the ordre of the lawes and statutes of thys realme And where also diuerse manours landes tenementes and hereditamentes percell of the possessions of Archbysshoprykes and Bysshoprykes and manye and sondrye late deaneryes colleges chauntryes rectories Prebendes Free chappeles Guyldes and Fraternytyes manours houses Graunges landes Tenementes rentes seruyces and other Ecclesiasticall possessions and hereditamentes goodes and catteles to the sayde Archebysshoprykes Bysshoprykes deanries colleges chaunteryes free chappels tec●oryes guyldes and fraternities late appertayning and belongynge or appointinge to and for the fyndynge ofpryestes obyttes lyghtes or other lyke purpose came as wel to the handes possession of the late noble kyng Edward the syxt brother vnto your maiestie seueraygne 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 poly●yke and corporate by sondry meanes conueyaunces and assuraunces according to the ordre of the lawes of this realme a great nomber of which sayd late monasteries priores nonneries commaundryes deaneries colleges hospytales prebendes chaunteryes free chappeles guylds fraternities and the mannoures graunges mesuages landes tenementes rentes reuercions seruyces tythes pentions portions vyca reges churches chappeles aduousons nominations patronages annuities and hereditamentes goodes and cattels to the said monast● tyes prioryes nonneryes commaundries deaueries colleges hospitalles chaunteries fre chappelles guyldes fraternities and other ecrlesiasticall houses Archbysshopryckes and Bysshoprykes belonging as well for great sommes of moneye as for other good and reasonable causes and considerations haue bene conueyed and assured to diuerse the subiectes and bodyes polytyke of thys realme aswel by the sayd kyng Henry theyght the sayd kynge Edwarde the sixte and by your hyghnes our soueraygne Lady and ioyntly by both youre maiesties as also by diuerse the owners of the sayd ecclesiasticall possessions whych sayd conueyaunces and assuraunces by their sondrye letters patentes and other wrytynges more playnely do and maye appeare Forasmuch as the sayd most reuerend father hath also by the sayd dispensations remoued and taken away al matter of empeachement trouble and daunger whych by occasion of any generall counsayle canon or degree ecclesiasticall myghte touche and disquiete the possessions of such goodes moueable landes tenementes possessyons and hereditamentes as were of late belongynge to anye of the sayde Archbysshoprykes Bysshoprykes monasteryes pryoryes nonneries commaundries deaneryes colleges chauntryes prebendes rectoryes hospita●es houses of fryers or other religious and ecclesyasticall houses and places of what nature name kind or qualitie soeuer they be of Yet for that the title of al landes possessions and hereditamentes in thys your maiesties realme and dominions is grounded in the lawes statutes and customes of the same and by your highe iurisdiction aucthoritie royall and crowne imperiall and in your courtes onlye to be impleaded ordered tryed and iudged and none otherwyse and vnderstandyng that the whole ful and mooste gratious intentes mynd and determination of your most excellente maiesties be that all and euery person and persones bodyes polytyke and corporate theyr heyres successours and assygnes and euery of them shall haue kepe retayne and enioye all and euerye their estates ryghtes possessyons and interestes that they and euery of them nowe hathe or hereafter shall haue of and in all and euery the manoures graunges mesuages landes tenementes tithes pentions portions aduousons nominatyons patronages annuities rentes reuersions seruices hundredes wapentakes liberties fraunchises and other the possessyyus and hereditamentes of the sayd monasteries abbeyes pryoryes nonneries commaundries deaneries colleges prebendes hospytales houses of fryers chauntryes rectoryes vycareges churches chappelles Arch bysshoprykes and Bysshoprykes and other religious or ecclesiasticall houses and places or of any of them within this realme or the dominions of the same by such lawes and statutes as were inforce before the fyrst daye of this present Parliament and by other lawefull cōueyaunce to them thereof made That it may be therfore enacted by thauctoritie of this presente parliament that aswell your maiestie foueraigne Lady your heirs and successours as also all and euery other person persons bodies politike and corporate their heyres successours assignes now hauing or that hereafter shall haue hold or enioye any of the scites of the sayd late monasteries and other the religious or ecclesiastical houses or places and al the sayd manours graunges mesuages landes tenementes tithes pentions portions globe landes aduousōs nominations patronages annuities ●ētes reuersions seruices hūdredes wapentakes liberties fraunchises profits cōmodities and other the possessions and hereditamētes of the said late monasteries abbeyes pryories nonneries commaundries deaneries colleges prebēdes hospitals houses offriers rectories vicareges chaūteris churches chappels archbishoprikes bisshoprikes other religious ecclesiasticall houses 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 sayd scites mannours graunges mesuages landes tenementes possessions profytes commodities other hereditamentes accordyng to such interestes and estates as they and euery of them now haue or holde or hereafter shal haue or hold of and in the same by the dewe ordre and course of the lawes statutes of thys realme whych now● 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 This acte or any thinge herein contayned to the contrarye in anye wyse notwithstandyng Sauing to you our sayde soueraygne Lady your heires and successours and euery of them and to all and euery other person persons subiectes of this realme and bodyes politike and corporate to theyr heires and successours and to the heires and successours of all and euery of them other then such whose ryght tytle or interest is bounden or taken awaye vndone or extincte by any acte of parliament heretofore made or otherwise al such right title clayme possession interestes rentes annuities commodities commons offices fees leases liueryes lyuynges pentions portyons dettes duties other profites which they or any of them lawfully haue or of right ought to haue or myghte to haue had in of or to any of the premisses or in of or to any parte or percell thereof in such like maner and fourme and condition to all intentes respectes ▪ constructions purposes as yf this acte had neuer bene had ne made And that it maye be further enacted by aucthoritie aforesayd that al and euery article clause senteuce and prouiso conteined or specylied in any acte or actes of Parliament concerning or touching the assuraunce or conueiaunce of any the said monasteryes priories non neries cōmaundries deaneries prebēdes colleges chauntryes hospitales houses of fryers rectories vicarages churches chappeles Archbyshoprykes and Bysshoprykes and other religious and ecclesiastical houses and places or any
for euery moneth that he shal lacke such deputie or deputies shall forfeyte for euerye suche offence fyue poundes the one halfe of whych forfaytures shal be to the king Quenes highnes her heires and successours the other halfe to him that wyll sue for the same by byll playnt information or action of debt in any the kynge and quenes courtes of recorde in which no essoygne protection nor wager of lawe shal be admitted ¶ An Acte appointing in order to iustices of peace touching the baylment of prisoners ¶ The .xiii. Chapiter WHere in the parliament holden at Westminster in the. iii yeare of the reigne of the noble prynce king Henrye the seuenth it was among other thinges ordeyned enated that no prisoner arrested for felony should be lette● to bayle or mainepryce by any one Iustice of peace but by the hole Iustices or at least by two of thē whereof one to be of the Querum Since the making of which estatute one Iustice of peace in the name of hym selfe and one other of the Iustices his cōpagnion not makyng the sayd Iustice partie nor priuie vnto the case where fore 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 repleuisable by the lawes of this realme yet the rather to hyde their affections in that behalfe haue signified the cause of theyr apprehension to be put onely for suspition of felony wherby the sayd offendours hath escaped vnpunyshed and do dayly to the high displeasure of almightie God the greate peril of the kyng and Quenes true subiectes and encoragement of all theues and euill doers For reformation wherof be it ordeined and enacted by the king and Quenes maiesties the lordes spirituall 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 commyng no Iustice or Iustices of peace shall let to baile or mainepryce anye such person or persones whych 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 repl●ued or bailed by the estatute of Westmin prymer made in the parliamente holden in the thyrde yeare of the reygne of kyng Edwarde the first And furthermore that any person or persones arrested for manslaughter or felony or suspectiō of manslaughter or felony beyng bayleable by the lawe shal not after the sayd fyrst day of Apryll be lette to bayle or mayneprise 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 said bailmēt or main pryce which hailement or mainprice they shall certifie in writynge subscribed or sygned with their owne handes at the next generall goale deliuery to be holden within the countie where the sayd person or person shal be arrested or suspected And that the sayde Iustices or one of them being of the Quorum when any such prisoner is brought before them for any manslaughter or felonye before anye baylement or maynepryce shall take the examination of the said pr●soner and information of them that brynges him of the facte circumstaunces thereof the same or asmuch therof as shal be materiall to proue the felonye shall put in wrytynge before they make the same bailement whiche sayd examination together with the sayde baylement the sayd Iustices shall certifie at the next general goale delyuery to be holden within the lymittes of theyr commission and that euery Coroner vpon any inquisition before hym found wherby any persō or persons shal be in dicte for murther or māslaughter or as accessary or accessaries to the same before the murder or man slaughter committed shal put in wrytyng the effect of the euidence geuen to the Iurye before him beyng materiall and aswell the said Iusti●es as the sayd Coroner shal haue aucthoritie by this acte to bind al such bi recognisaunce or obligation as do declare any thing material to proue the said murder or manslaughter offences or fellonies or to be accessary or accessaries to the same as is aforesaid to appeare at the next general goall deliuery to be holden within the Countie citie or towne corporat wher the triall therof shal be then and ther to geue euidence against the partie so indicted at the tyme of his triall shall certifye aswell the same euydence as suche bonde and bondes in wryting as he shal take together with the inquisition or indictment before him taken and founde at or before the tyme of his sayd tryall therof to be had or made And lykewyse the sayd Iustices shall certifye all and euery suche bonde taken before theym 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 thing contrary to the true intente and meaning of this present acte That then the Iustices of gaole delyuery of the Shire citie towne or place where suche offence shall happen to be committed vpō due profe therof by examination before them shall for euery such offence set suche fyne on euerye of the same Iustices of peace and Coroner as the same Iustices o● gaole deliuery shall thynke me te 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 thauctoritye aforesayd that Iustices of peace Coroners within the cytye of London and the countye of Middelsex and in other cities boroughes townes corporat wythin this realme and Wales shall within their seuerall iurisdictions haue auctorytye to let to bayle fellons and prisonners in such maner and forme as they haue bene heretofore accustomed thys act or any thinge therein conteyned to the contrarye notwithstandyng And also shal take examinations and bondes as is aforesayd vpon euerye 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 deliuerye to be holden within the shyre citie borough or towne where their seueral iurisdictions extendeth vpon like payne and forfeyture as is before limitted in thys present act And be it also enacted by the auctorytye aforesayd that no writers of Habeas cor●us or Certiorary shal be hereafter graunted to remoue anye prysoner out of any gaole or to remoue anye recognisaunce excepte the same writtes be sygned with the proper handes of the chiefe Iustice or in his absence one of the Iustices of the court out of whyche the same writtes shal be awarded or made vppon payne that he that writeth anye suche writtes not beyng signed as is aforesayde to forfayt to our sayd soueraygne lord the kyng and the