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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
sufficient aucthoritie so to dooe that then euery owner of the said victualles corne and other thynges abouesayde so transported or caried and the owner and owners of euery such bote or vessell and the botemen and mareners of the same shall loose forfeyte and suffer all such forfeytures paynes and penalties as is aboue rehersed th one moytie of all and euery which forfeyture or forfaytures to be to the Kyng and Queenes hyghnes theyr heyres and successours and thother moytie to hym or them that will sue for the same by byl information action of debte or otherwise in any of the Kynge and Queenes hyghnes courtes of recorde in whiche action byl or suit the defendaunt shal not wage his lawe nor haue any essoygne or protection to hym alowed And be it enacted by thauctoritie aforesayd that yf any person or persones shall optayne of the Kyng and Quenes maiesties theyr heires or successours or of any of them any licence to cary and transport any corne victuall or woode into any partes beyond the seas that if he or they to whom any suche licence shal be graūted or any other to whome such person or persons hauing such licence shall geue graunt or fell his or theyr sayd licence vnto shall cary and conuey or cause to be carried and conueyed any more corne victual or wood then shal be conteyned in his or their sayd licence shal forfayt the triple value of the sayd corne victuall or wood so carried and transported without sufficient aucthoritie and shal suffer imprisonment for one whole year in the common goale where he shal be apprehended there to remaine without bayle or maynpryse And be it further enacted by thauethoritie aforesayd that no maner of person or persones after the sayd .xx. day of Ianuary that shal obteyne or haue any such licence for transporting and carying anye corne victuall or wood into any parties beyond the seas shall shippe lade and fraughte the same or anye parte therof at sondrye places within this realme but at one place certaine vpon paine of forfeiture of the sayd corne victuall wood and al his goodes cattels th one moytie thereof to the Kyng and Quenes maieslies theyr heyres successours and thother moytie to hym or them that wyll sue for the same by action of debte byll playnt information or otherwyse wher in no wager of lawe essoygne or protection shall be to hym or them allowed And for the better execuciō of this acte be it further enacted by the aucthoritie aforesayd that all and singuler Iustices of peace as well within the liberties as without within theyr seuerall aucthorities commissions at any tyme within thre yeares next after suche offences committed shal haue ful power and aucthoritie to enquire aswel by the othes of twelue lawfull men as also to heare and examine the mayster maysters and mareners of the said shippes craiers other vessels and all and euery other person and persones of all and synguler th offenders against this present Acte and to heare and determyne the same offences as they maye and ought to heare and deter mine any other tresspasses or offences Prouided alwayes and be it enacted by thauchoritie aforesayde that at all time and tymes hereafter when the common price of corne within this realme is that wheat shall not excede the price of vi.s viii d the quarter t ys iiii.s. the quarter barley .iii. shyllinges the quarter it shal be lawfull to euery person and persones to cary transporte ouer the sea to any place beyond the seas at their pleasure of the sayde kyndes of corne so that it be not to the kyng and quenes enemies Prouided alwayes and be it enacted by thaucthoritie aforesayd that this Acte ne any thing therin ronteyned shall extende to anye person or persons for the necessary victeling of any shippe shippes or other vessels but that they and euery of them may victayle the sayd shyppes and vessels as they might haue done before the makyng of this present acte This acte or any thing therein contayned to the cōtrary notwithstanding Prouided alwayes and be it enacted by thaucthoritie aforesayde that this acte or any thing therin conteyned shal not be preiudiciall or hurtefull vnto the Lorde great Admirall of England for the time beyng or to the Kyng and Quenes maiesties iurisdiction of the Admiraltie but that the sayd Lord Admiral or his deputie or deputies maye and shall exercise vse and execute al kynde of iurisdiction be longing to the sea according to his or their cōmissions as they might lawfully haue done heretofore This acte or any thing therein conteyned to the contrary notwithstanding ¶ An Acte for the reuiuyng of three Estatutes made for the punyshment of heresies ¶ The .vi. Chapter FOr the escheuing and auoyding of errours herisies which of late haue rysen growen and muche encreased within this realme for that the Ordinaryes haue wanted auctoritie to procede agaynst those that were infected therewith Be it therefore ordeyned and enacted by the aucthoritie of this presente parliamente that the Statute made in the fift yere of the raigne of king Rychard the second concerning the arresting and apprehension of erronious and hereticall preachers and one other Statute made in the second yeare of the reygne of kyng Henry the fourth concerning repressing of heresies and punishment of heretikes and also one other Estatute made in the seconde yeare of the raygne of kynge Henrye the fyfte concernyng the supression of heresies and lollardrye and euerye Article Braunche and sentence conteygned in the same three seuerall Actes and euery of them shall frō the twenty day of Ianuary nexte commyng be reuiued and be in full force strength and effecte to all intentes constructions and purposes for euer ¶ The tenor of the fyrste acte made in the fyfth yeare of kynge Rycharde is as foloweth Chap. v. ITem forasmuche as it is openly knowen that there be diueres euil persones within the realme going from countie to countie and frō toune to toune in certain habites vnderdissimulacion of greate holines with out the licence of the Ordinaries of the places or other sufficient aucthoritye preachynge dayly not onlye in Churches Churcheyardes but also in markettes Fayres other opē places where a greate cōgregatiō of people is dyuers Sermōs cōteyninge heresies not or yous errours to the greate embleamishyng of the christen fayth and destruction of the Lawes and of the estate of holy Churche to the greate pericle of the soules of the people and of all the realme of England as more playnly is found and sufficiently proued before the reuerend father in God the Archebyshop of Canterbury and the Byshopes andother prelates masters of diuinitie and doctours of Canon and of Cyuil and a great parte of the clergye of the sayd realme especially assembled for this cause which persones do also preach dyuers matters of siaunder to engender discorde and discention betwixt diuers estates of the sayd realme aswell spirituall as
to theyr vtter vndoyng beyng fewe in number to pay and beare the same but also the same cities bouroughes and townes corporate are lyke to come very shortly to vtter destruction ruyne and decay by reason wherof the occupiers lynnen draperes wollen drapers haberdashars and Grocers dwellinge in the countryes out of the said cities boroughes townes corporate and market townes do not onely occupye the arte and mistery of the sayde sciences in the places where they dwel and inhabite but also come vnto the sayd cities boroughes townes corporate and market townes and there sel theyr wares and take awaye the relief of the inhabitaūtes of the sayd cities boroughes townes corporate and market townes to the great decay and vtter vndoynge of the inhabitauntes of the same yf spedy reformation therein be not had in tyme conueniēt For remedie whereof and for the better amendement of the sayde cities boroughes townes corporate and market townes and to thēd the same cities boroughes and townes corporate may be the better able to pay the sayd fee fermes and also to beare the other ordynary charges within the same cities boroughes and townes corporate and to furnyshe the kyng and Quenes maiesties which numbers of able persōs like as they heretofore haue done in times past in times of warre Be it therefore enacted by our soueraygne Lorde and Ladye the kyng and Queene the lordes spirituall and temporall and the commons in this present parliament assembled and by auctoritie of the same that any person or persones which do nowe inhabite dwell or hereafter shall inhabite or dwell in the country any where or county wythin this realme of England out of any of the sayde cities boroughes townes corporate or market townes from and after the feast of S. Michael tharchaungel next comming shall not sell or cause to be sold by retayle any wollen cloth linnen cloth haberdashe wares Grocery wares mercery wares at or within any of the said cities boroughes townes corporate or market townes or wtin the suburbs or liberties of the sayd cities boroughes townes corporate market townes wythin this said realme of England except it be in open fayres vpon payne to forfeyt and loose for euery tyme so offending the summe of vi s. viii d. and the hole wares so solde proferred and offered to be solde contrary to the forme intente and effect of thys present acte as aboue is sayd the one moytie of all which forfaytures to be to the vse of our sayd soueraygne Lorde and Lady the kyng and Queenes maiesties and the other halfe to him or them that shal sease and sewe for the same in any of the kyng and queenes courtes of recorde by byll playnt action of debte informacion or otherwise wher in no essoigne protection or wager of lawe shal be alowed Prouided alway that this acte shall not in any wyse extende nor be hurtefull to any person or persons that bring any of the sayde wollen cloth lynnen cloth haberdash Grocery mercery ware or wars to anye of the sayd cities boroughes townes corporate or markette townes to be solde or cause to be solde by whole sale in grosse and not byretayle but they and euery of them may laufully sell the same in as large and ample maner forme and condition by whole sale in grosse not by retayle as they and euery of them myght haue done at any tyme or tymes before the makyng of this act Any thing here in to the contrary notwithstanding Prouided alway that this present acte shall not extende to anye person or persons that nowe dwel or inhabit in the country or hereafter shall dwell or inhabite out of any of the said cities boroughes towns corporate or market townes but that they and euerye of them at any tyme hereafter when they or any of them shal be free of anye the guyldes liberties of any the sayd cities boroughes townes corporate or market townes and dwel or inhabite within any of the same cities boroughes townes corporate or markette townes that they and euery of them so being free shall and may sel or cause to be solde any of the wares aforesayd by retayle in as ample and large maner as they and euery of them might haue done beinge free of the sayde cities boroughes and townes aforesayd before the makyng of thys Acte Any clause or article in this acte to the contrarye notwithstandynge Prouyded alwayes and be it enacted by thauctoritie aforesayd that it shal be lawefull to all persones to sell or cause to be sold by retayle or otherwise al maner of cloth lynnen or wollen of theyr owne makyng in euery citie borough towne corporate and market towne within this realme as freely and franckly as they might haue done before the makyng of this Acte Anye thynge in the same conteyned to the contrary hereof notwithstanding Prouided alway that this acte or any thing therein conteyned shall not be preiudiciall or hurtefull to the liberties and priuileges of the vniuersities of Cambrydge and Oxforde or eyther of them Any thing in thys Acte heretofore mentioned to the contrary notwythstandyng ¶ An Acte repealyng all Statutes articles and prouisions made Agaynst the Sea Apostolyke of Rome synce the .xx. yeare of Kynge Henry the eyght and also for thestablyshment of all spirytuall and ecclesiasticall possessions and hereditamentes conueyed to the laytie ¶ The .viii. Chapter WHere as synce the .xx. yeare of Kynge Henry theight of famous memory father vnto youre maiestie oure most naturall soueraygne and gratious Ladye and Queene muche faise and erronious doctryne hathe bene taught preached and written partly by dyuers the naturall borne Subiectes of this realme partelye beyng brought in hether from sondry other forreyne countryes hath bene sowen and spred abroad within the same By reason wherof aswel the spiritualtie as the temporaltie of your highnes realmes and dominions haue swerued from the obedience of the Sea Apostolyke and declined from the vnitie of Christes churche and so haue continued vntyl suche tyme as your maiestie beynge fyrst reysed vp by God and set in the seat Royal ouer vs and then by his diuine and gratious prouidence knyt in marriage with the moost noble vertuous Prynce the kynge our soueraygne Lorde your husbande the Popes holynes and the Sea Apostolike sent hither vnto your maiesties as vnto persones vndefiled and by Gods goodnes preserued from the common infection aforesayde and to the whole realme the moost reuerend father in God the Lorde Cardinall Poole Legate de latere to call vs home agayne into the right waye frome whence we haue al this long while wandered and strayed abrode And we after sondrye longe and greuous plagues and calamities seinge by the goodnes of god our owne errours haue acknowledged the same vnto the sayde mooste reuerende father and by hym haue bene and are the rather at the contemplation of your maiesties receyued and embraced into the vnitie and bosome of Christes churche and vpon our humble submission promisse made
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