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A74038 Anno primo & secundo Philippi & Mariæ. Actes made at a Parliament, begon and holde[n] at Westminster, the. xii. 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 [and] Quene of England, Fraunce, Naples, Ierusalem, 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 Ianuary then next ensuynge, were enacted as foloweth. Cum priuilegio Regiæ Maiestatis·; Public General Acts. 1553-1555. 1-2 Philip and Mary England and Wales. Sovereign (1553-1558 : Mary I); Mary I, Queen of England, 1516-1558.; Philip II, King of Spain, 1527-1598. 1555 (1555) STC 9447.8; ESTC S124844 59,117 65

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bene vsed in the case of attainder of felonie except the landes tenementes which be holden of the ordinaries or their commissaries before whome any such persons impeched of heresie be conuict which landes tenemētes intierly shall remayne to the kyng as forfayte And moreouer that al the goodes cattels of these persons so cōuicted be forfaytto our soueraygne lord the kyng so that no person conuict of heresy left to the seculer power after the lawes of holy church shal forfait his landes before that he be dead And yf any such person so cōuict be enfeffed be it by fyne by dede or without dede in lādes or tenemētes rentes or seruices in fee or otherwise or hath any other possessiōs or cattels bi gift or graūt of any person or persons to anothers vse thē to the vse of such conuictes that the same landes nor tenementes rentes nor seruices nor such other possessions nor cattels shal be forfeyt to our soueraigne lord the king in no wise And moreouer that the iustices of the kinges benche iustices of peace iustices of assise haue ful power to enquire of al thē which hold any errors or heresies as lollardes which be their main temers receyuers fauorers sustemers cōmen writers of such bookes as wel of the sermons as of their scholes cōuenticles congregatiōs and confederacies And that this clause be put in cōmissions of the Iustices of the peace And yf any persons be endicted of ani pointes aforesaid the sayd Iustices shal haue power to award against thē a Capias and the sheriffe shal be bound to arrest the person or persons so endicted as sone as he may them find by hym or by his officers And forasmuch as the congnisaunce of heresie errours lollardries belongeth to the iudges of holy church and not to the seculer iudges such persons endicted shal be delyuered to the ordinaries of the places or to their cōmissaries by indentures bytwyxt them to be made within .x. daies after theyr arrest or soner yf it may be thereof to be acquyte or cōuict by the lawes of holy church in case that these persones be not endicted of an other thing wherof the cognisaunce 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 safegard to the sayde ordynaryes or to theyr commissaries and to them deliuered by indentures as before to be acquyte or conuicte of such lollardryes errours or heresies as is aforesayd after the lawes of holy churche and that within the terme aforesayd Prouided alwayes that the sayde endictementes be not taken in euydence but for information before the spirituall iudges agaynste suche persones so endicted but that the ordinaries commence theyr processe agaynst such persons endicted in the same maner as though no endictement were hauing no regarde to such endictmentes And yf anye be endicted of heresie erroure or lollardrye and taken by the Sheriffe or other officer he shal be lette to mayne pryse within the sayd tenne dayes by good suertie for whome the sayd Sheriffes or other officers will aunswere so that the sayd person or persones whiche were so endicted be ready to be deliuered to the sayde ordinaries or to theyr commissaries before the ende of the sayde tenne dayes yf he may by any meanes for syckenes And euery ordinarye shall haue sufficient commissaries or commissarye dwelling in euery countie in a place notable so that yf any such person so endicted be taken that the sayde commissaries or commissarye maye be warned in the notable place where he dwelleth by the Sheriffe or some of hys officers to come to the kynges iayle in the same countie there to receaue the same person so endicted by indentures as before And that in the enquest in this case to be taken the Sheriffes and other officers to whome it belongeth shall do to be empanelled good and sufficient persons not suspected nor procured that is to say that euery of them whiche shal be so empanelled in such enqueste haue wythin the realme of Englande C. s. of landes tenementes or of rent by yeare vpon payne to lose to the bynges vse x.li and they which shal be empanelled in such enquestes in Wales euery of them shall haue to the value of .xl. s. by yeare And yf any such person be arested be it by the ordinarie or by the kynges officers or ministers escape or breake the pryson before that he be acquite before the ordinary the goodes and cattels whiche he hadde the daye of suche arreste shal be forfeyre to the kynge and his landes and tenementes which he hadde the same daye seased also into the kynges handes the kyng shall haue the profytes thereof from the sayde day vntil he be yelded to the prison from which he escaped And that the forsayd Iustices haue full power to enquyre of al such escapes breakyng of pryson and also of landes and tenementes goodes and catteles of such persones so endicted Prouided also that yf any such person endicted do not retourne to the sayd pryson and dyeth not conuicte it shal be lawfull to his heires to entre into the landes and tenementes of theyr auncestre wythout anye other pursuyte makyng to the kynge for thys cause and then al they whych haue liberties and fraunchises royall in Englande as in the countie of Chester the countie and libertie of Durham and other lyke and also al the Lordes which haue iurisdiction and fraunchises royall in Wales wher the kynges writtes do not runne haue power to execute and put in due execution these articles in al poyntes by thē or by theyr officers in lyke maner as the Iustices and other the kynges officers before declared shoulde do ¶ An acte that persons dwellyng in the countrye shall not sel diuers wares in cities or townes corporate by retayle ¶ The .vii. Chapter WHere before thys tyme the auncient cities boroughes Townes corporate markette townes within this realme of Englāde haue bene verye populous chiefly inhabited with marchauntes artificers handye craftes men duryng which tyme the chyldren in the sayd cities boroughes towēs corporate market townes were ciuilye brought vp and instructed and also the sayde cities boroughes and townes corporate kept in good ordre and obeysaunce and the inhabiters of the same wel set on worke and kept from ydlenes By reason whereof the sayde cities boroughes and townes corporate did then prosper in riches and great welth and were as then not onely able to serue and furnysh the kyng and Queenes maiesties and other theyr noble progenitours kynges of this realme aswel with great numbers of good able persones and well furny shed mete for the warres as also then charged ' and yet chargeable with great fee farmes quyndemes taxes and dyuers other paymentes to the kynge and Queenes maiesties whiche at this present they be not able to pay and beare but
diuers and sondry other persons 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 possessions of Archebysshoprykes and Bishoprykes and many and sondrye late deaneryes colleges chauntryes rectories Prebendes Free chappels Guyldes and Fraternities manours houses Graunges landes tenementes rentes seruyces and other Ecclesiasticall possessions and hereditamentes goodes and cattels to the sayd Archebysshoprykes Bysshoprykes deanries colleges chauntries free chappels rectories guyldes and fratermties late appertayning and belongyng or appoynting to and for the fynding of priestes obyttes lyghtes or other lyke purpose came as wel to the handes possession of the lare noble kyng Edward the sixt 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 sondry meanes conueyaunces and assuraunces according to the ordre of the lawes of this realme a great nombre of which sayd late monasteries priories nonneries commaundries deaneries colleges hospitalles prebendes chauntries free chappelles guildes and fraternities and the mannours granges mesuages landes tenementes rentes reuercions seruyces tythes pentions portions vicareges churches chappeles aduousons nominations patronages an nuities and hereditamentes goodes and cattels to the sayd monasteries pryoryes nonneryes commaundries deaneries colleges hospitalles chauntries free chappelles guyldes fraternities and other ecclestasticall houses Archebysshoprykes 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 this realme aswel by the sayd kyng Henrye theyght the sayd kyng Edward the syxte and by your hyghnes our soueraygne Ladye and ioyntely by both your 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 playnelye do and mayappeare Forasmuche as the sayd most reuerende father hath also bythe sayd dispensations remoued and taken away al matter of empeachement trouble and daunger whyche by occasion of any generall counsayle canon or decree ecclesiasticall myghte touche and disquiete the possessions of such goodes moueable landes tenementes possessions and hereditamentes as were of late belongyng to anye of the sayd Archebysshoprykes Bysshoprykes monasteries prioryes nonneries commaundries deaneryes colleges chauntries prebendes rectories hospitalles houses of fryars or other religious and ecclesiasticall houses and places of what nature name kind or qualitie soeuer they be of Yet for that the title of allandes 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 full and moste gratious intentes mynd and determination of your most excellent maiesties be that all and euery person and persons bodyes polytyke and corporate theyr heyres successours and assignes and euery of them shal haue kepe retayne and enioye all and euery their estates ryghtes possessions and interestes that they and euery of them nowe hathe or hereafter shall haue of and in al and euery the mannours graunges mesuages landes tenementes tithes pentions portions aduousons nominations patronages anuities rentes reuercions seruices hundredes wapentakes liberties fraunchesis and other the possessions and hereditamentes of the sayd monesteries abbeyes pryoryes nonneryes commaundries deaneries colleges prebendes hospitales houses of fryars chauntries rectories vicareges churches chappelles Archebysshoprykes and Bysshoprykes and other religious or ecclesiastical standing And where as by dissolution of monasteries and other religious houses certayne paryshe churches and chappels which were before exempte from the iurisdiction of the Archbyshop and Byshop of the diocesse and by speciall exemption and priueledge from Rome were vnder the gouernement and ordre of the Abbottes and Pryours of those religions houses which sayde churches by colour of the sayde exemptious be nowe of speciall graunt from Kyng Henry Kyng Edwarde vnder the rule and gouernement and iurisdiction of temporall and laye men who can no more enioye that supremacye ouer those particuler churches then the king might ouer the hole realme Be it therfore enacted that all Archbyshoppes and Byshoppes in their diocesses and al other spirituall person and persones hauynge iurisdiction and their ministers and officers and no laye persone or persones in euery Churche and place within the precinct of the same beyng exempt or not exempte may freely and without impedimēt execute their spirituall iurisdictiō in al pointes articles as though no suche exemption or graunt had neuer bene made Prouided alwaye and be it enacted that this acte extende not to take awaye or diminishe the priuileges of the vniuersities of Cambrydge and Oxforde ne the priuileges or prerogatiues graunted heretofore to the churches of Westminster and Wyndesoure ne the Cower of London ne preiudiciall to suche temporall Lordes and possessioners in this realme as by auncient custome haue enioied probate of Testamentes of their tenauntes or other And forasmuche as after this reconsiliation and vnitie of this noble realme to the body of Christes churche it is to be trusted that by the aboundaunce of Goddes mercy and grace deuotion shall encrese and growe in the hartes of many Subiectes of this realme with desire to giue and bestowe their worldly possessiōs for the resuscitating of almose prayer and example of good lyfe in this realme to thintēt suche godly motions and purposes shoulde be aduaunced Be it therfore enacted by the aucthoritie of this present parliamēt that it shal be lawfull to suche as shal be seised of any manours landes tenementes personages tythes pencions portions or other hereditamentes whatsoeuer in fee symple in possessiō reuertiō or remainder in their owne rightes not beyng coppy holde maye therof make feoffamentes grauntes or any other assuraunces or by his laste will and Testament in wryting may be queath and geue in fee simple all and euery the sayd manours landes tenementes personages tithes pencions porcions or other hereditamentes to any spirituall bodye politike or corporate in this realme or dominions of the same nowe erected or founded or hereafter to be erected or founded withoute anye lycence of mortmayne therein to be opteyned or any wrytte of ad quod dampnum to bee sued out for the same the actes de terri ad manuni mortuam non ponendis or any other acte or statute heretofore had or made in any wise notwithstanding Sauyng to the Lordes of the see all rentes seruices dewe or goyng out of any of the sayde lande or tenementes or hereditamētes so to be amortized as is aforesayd Prouided alway that this clause of this acte for geuyng the libertie of or for the amortezing of landes or
tenementes shall continue for and durynge the space of .xx. yeares nexte and immediatelye folowinge and no lenger And forasmuche as we your maiesties humble and obedient subiectes the lordes spirituall and temporall and commons in this present Parliament assembled neither by the makyng or deliueryng of either the supplications aforesayde nor by anye clause article or sentence therof or of any other clause article or sentence of this or anye other Statute or any of the preambles of the same made or agreed vpon in this session of this present parliament by any maner of interpretation construction implication or otherwise intende to derogate empaire or diminishe any of the prerogatiues liberties fraunchisies preheminences or iurisdictions of youre Croune Imperiall of thys realme and other the dominions to the same belongyng we do most humbly beseche your maiesties that it may bee declared and ordeyned and be it enacted and declared by aucthoritie of this present parliament that neither the makyng exhibityng or insertinge in thys present statute or in the preambles of the same of the supplications or promis aforesayd or either of them nor any other thinge or thynges wordes sentences clauses or articles in the preambles or body of the actes aforesayd shal be construed vnderstanded or expounded to derogate diminishe or take awaye any the liberties priuileges prerogatiues preheminences aucthorities or iurisdictions or any part or parcell therof which were in your Imperial croune of this realme or dyd belong to your sayd Imperiall croune the twenti yeare of the reigne of yours the Queenes maiesties most noble father or any other your most noble progenitours before the sayd twētie yere And the Popes holinesse and Sea Apostolike to be restored and to haue and enioye such aucthoritie preheminence and iurisdiction as hys holinesse vsed and exercised or might lawfully haue vsed and exercised by aucthoritie of his supremacie the said twētie yere of the reigne 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 Archebishoppes Bishoppes and Ordinaries to be in the same state for processe of suites punishmente of crimes and execution of censures of the churche with knowledge of causes belonging to the same and as large in these poyntes as the sayd iurisdiction was the sayde .xx. yeare Prouided alwayes and be it enacted by thaucthoritie aforesayde that in and vpon euery such gyftes and deuyses to be made to suche spirituall corporacions or persons as is aforesayde the donour feoffer or deuisor therof may reserue to hym and to his heires for euer a tenure in franke almayne or a tenure by diuyne seruice And to haue all remedies and actions for and vpon the sayde gyftes or deuyses and tenures in lyke maner forme as was vsed before the estatute of Westminster thyrde commonlye called Quia emptores terrarum The sayde estatute or any other lawe or custome nowe beyng to the contrary in any wise notwithstanding Prouided alwayes and be it enacted that all and euery persone persones and bodyes polytyke and corporate whiche nowe haue or hereafter shall haue any estate of inheritaunce freholde terme or intrest of in or to any portion pention tithes gleblandes or other ecclesiasticall or spirituall profytte whyche by this acte and lettres of dipensation rehearsed in the same be permytted suffred to remaine and continue in laye mens possessions shall maye haue like remedie for the recouery of the same and euery parte therof as they and euery of them myght haue had before the fyrste day of this present Parliament Any thing in this act conteyned to the contrary in any wyse notwithstandyng ¶ An Acte for the punyshment of traiterous wordes against the Queenes maiestie ¶ The .ix. Chapiter EOrasmuch as nowe of late diuerse noughty sedicious malicious heretical persons not hauing the feare of god before their eyes but in a deuillyshe sort cōtrary to the duetie of their allegiaunce haue cōgregated thē selues together in cōuenticles in diuerse sondry prophaue places within this citie of Lōdon esteming thē selfes to be in the true faith where in dede they are in errours heresies out of the true trade of Christes catholike religion and in the same places at seuerall tymes vsyng theyr phantasticall and scismaticall seruices lately taken awaye and abolyshed by aucthoritie of Parliament haue of theyr most malycious cankerde stomakes prayed agaynst the Queenes maiestie that God would turne her hert from Idolatry to the true fayth or ells to shortene her dayes or take her quickely out of the way which prayer was neuer hearde nor redde to haue bene vsed by anye good Christian manne agaynste anye Prince though he were a pagan and infidele and much lesse agaynst any christian Prince and especially so vertuous a Princes as our soueraygne Lady that nowe is knowen to be whose faith is and alwayes hath bene most true and catholique and consonaunt and agreing with Christes catholique church throughout the worlde dispersed For reformation wherof be it enacted by thauctoritie of this present parliament that euery such person and persons which sence the beginning of this present parliament haue by expresse wordes and sayinges prayed required or desyred as is aforesayde or hereafter shall pray by expresse wordes or sayinges that God shoulde shorten her dayes or take her out of the way whose lyfe almighty God long preserue or any suche lyke malicious prayer amounting to the same effect their procurers and abbettours therin shal be taken reputed and iudged traytours and euery such praying requiringe or desirynge shal be iudged taken and reputed hygh treason and the offendours therin their procurers and abbettours beyng thereof laufully conuicte according to the lawes of this realme shall haue suffre and forteyte as in cases of high treason ¶ Prouided alway and be it enacted that yf any person or persones shall be indicted for any the offences aforesayd done and perpetrated duryng this session of this present parliament and vpon his or their arreignement shal shew him or them selues penitent for their offēce and submite hym or them selues to the kynge and Queenes mercy and humbly desyre the same before suche Iustices or commissioners before whome he or they shal be arraigned that then no iudgemente of conuiction or attayndour of treason shal be gyuen agaynst any such person or persons so being penitent and submitting them selues as is aforesayde And in euery suche case the iustices or commissioners before whom suche person or persons shal be arrayned shall haue auctoritie by vertue of this acte to prescribe adiudge and appoynte suche corporall punishment other then death to suche offender and offenders as to them by their discretion shall seme conuenient and vpon that penaunce prescribed and done to be discharged of the said treason comprised in that inditement ¶ An acte wherby certayne offences be made treasons and also for the gouernement of the kynges and queenes
curraunte within this realme shall and maye be endicted arreyned tryed conuicted or atteynted by such like euidence and in suche maner and forme as hath bene vsed accustomed within thys realme at any tyme before the first yeare of the raigne of our late soueraigne lorde kyng Edwarde the sixt Any statute custome lawe or vsage to the contrary therof in any wise notwithstanding ¶ An Acte for the impounding of distresses ¶ The .xii. Chapiter FOr the auoydinge of greuous vexations exactions troubles and disorder in takyng of distresses and impounding of cattel be it enacted by aucthoritie of this present Parliamēt that from and after the first dai of Apryl next cōming no distresse of cattell shal be driuen out of the hūdred rape wapentake or lath where such distresse is or shal be taken except it be to a pounde ouerte within the sayd shire not aboue three myles distaūt from the place where the said distresse is taken and that no cattel or other goodes distreined or taken by waye of distresse for any maner of cause at one time shal be impounded in seuerall places wherby the owner or owners of such distresse shal be constrayned to sue seuerall repleuis for the deliuerie of the sayd distresse so taken at one tyme vpon payne euery person offending contrary to this acte shal forfeyte to the partie greued for euery such offence a hundred shillinges and treble damages And further be it enacted by thaucthoritie aforesayde that after the sayd fyrst day of Apryl no person or persons shal take for kepyng in pounde impoundyng or poundage of any maner of distresse aboue the somme of .iiii. pence for any one whole distresse that shal be so impounded and where lesse hath ben vsed there to take lesse vpon the payne of fyue pounde to be payd to the party greued ouer and besides suche money as he shall take aboue the somme of foure pence Any vsage or prescription to the contrary in any wyse notwithstandynge And for the more spedier deliuerye of cattell taken by waye of distresse it is further enacted by the sayd aucthoritie that euerye Shiriffe of shires being no cities nor townes made shyres shal at his first countie daye or within two monethes nexte after he hath receaued his patent of his office of shirifwike shall depute appoynte and proclayme in the shyre towne within his baylywike four deputies at the least dwellyng not aboue twelue myles one dystaunt from another which sayd deputies so appoynted and proclaymed shall haue auctoritie in the sheriffes name to make repleuies and deliueraunce of such distresses in such maner and forme as the sheriffe may or ought to do vpon payne that euery Sheriffe for euery moneth that he shal lacke such deputie or deputies shall forfeyte for euerye suche offence fyue poundes the one halfe of which forfaytures shal be to the kynge and Quenes highnes her heyres and successours the other halfe to him that wil sue for the same by bil playnt information or action of debt in any the kyng and quenes courtes of recorde in which no essoygne protection nor wager of lawe shal be admitted ¶ An Acte appoynting in order to iustices of peace touchynge the baylement of prisoners ¶ The .xiii. Chapiter WHere in the parliament holden at Westminster in the .iii. yeare of the reigne of the noble prynce kyng Henrye the seuenth it was among other thinges ordeyned and enacted that no prisoner arrested for felonie should be letten to bayle or maynepryce by anye one Iustice of peace but by the hole Iustices or at least by two of thē wherof one to be of the Quorum Synce the makyng of which estatute one Iustice of peace in the name of him selfe and one other of the Iustices his compagnion not makyng the sayd Iustice partie nor priuie vnto the case wherefore the prisoner should be bayled hath often tymes by sinister labor and meanes set at large the greatest and notablest offenders suche as be not repleuisably by the lawes of this realme and 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 great peryll of the kynge and Quenes true subiectes and encoragement of all theues and euill doers For reformation wherof be it ordeyned and enacted by the kyng and Queenes maiesties the lordes spirituall and temporall and the commons in this present parliament assembled and by aucthoritie of the same that from and after the fyrst day of Apryll nexe commyng no Iustice or Iustices of peace shall lette to bayle or mainepryce anye such person or persones which for any offence or offences by theym or any of them committed be declared not to be replenised or bayled or be forbidden to be repleued or bayled by the estatute of Westmin prymer made in the parliamente holden in the thyrde yeare of the reygne of kynge Edwarde the first And furthermore that any person or persones arrested for manstaughter or felonie or suspection of manslaughter or selonie beyng bayleable by the lawe shall not after the sayde fyrste day of Apryli be lette to bayle or maynpryse by anye Iustices of peace if it be not in open Sessions except it be by 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 baylment or main pryce which baylement or mainpryce they shall certefye in wrytinge subscribed or sygned with theyr owne handes at the nexte generall goale deliuery to be holden within the countie where the saide person or persons shal be arrested or suspected And that the sayde Iustices or one of them being of the Quorum when any suche prysoner is brought before them for anye manslaughter or felonye before anye baylement or maynepryse shall take the examination of the sayd prisoner and information of them that brynges him of the facte and circumstaunces therof and the same or asmuth therof as shal be materiall to proue the felonye shall put in wrytinge before they make the same baylement whiche sayd examination together with the sayde baylement the sayd Iustices shal certifye at the next generall goale delyuerye to be holden within the limittes of theyr commission and that euery Coroner vpon any inquisition before hym founde wherby any person or persons shal be indicted for murder or māssaughter or as accessary or accessaries to the same before the muther or manslaughter committed shall put in writinge the effecte of the euidence geuen to the Iurye before hym beyng materiall and afwell the said Iustices as the sayd Coroner shall haue aucthoritie by thys acte to binde al such by recongnisaunce or obligation as do beclare any thing materiall to proue the sayd murder or manfiaughter offences or fellonies or to be accessary or accessaries to the same as is aforesayd to appeare at the next genarall goale