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A74040 Anno primo Reginæ Elizabethe At the parliament begonne at Westmynster, the xxiii. of January in the fyrste yeare of the reigne of oure Soueraigne Ladye, Elizabeth by the grace of God, of England, Fraunce and Ireland, Quene, defendoure of the faithe, [et]c. And there proroged tyll the. xxv. of the same moneth, and then and there holden, kept, and continued vntill the dissolution of the same, beyng the eyght day of May, then nexte ensuynge, were enacted as foloweth.; Public General Acts. 1559-1560. 1 Elizabeth I England and Wales. Sovereign (1558-1603 : Elizabeth I); Elizabeth I, Queen of England, 1533-1603. 1559 (1559) STC 9459; ESTC S124846 11,386 16

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sayd offyce as he was before the sayd refusall shall and may vse and exercise the sayd offyce in such maner fourme as he should or myght haue done before suche refusall any thyng in this acte conteyned to the contrarye in anye wyse notwithstandyng AND FOR THE MORE sure obseruation of this acte and the vtter extinguyshement of al forraine vsurped power aucthorite may it please your hyghnes that it may be further enacted by the aucthoritie aforesayd that if any person or persons dwelling or inhabytyng within this your Realme or in any other your hyghnes Realmes or dominions of what estate dignitie or degree soeuer he or they be after th end of .xxx. dayes next after the determinacion of this session of this present parliament shal by wrytinge printing teaching preaching expresse wordes dede or act aduisedly maliciously directly affirme hold stande with set forth maintayne or defende thaucthoritie preheminence power or iurisdiction Spirituall or Ecclesiasticall of any forreyne Prynce Prelate Person State or Potentate whatsoeuer heretofore claymed vsed or vsurped within this Realme or any dominion or countrey being within or vnder the power domynyon or obeysaunce of your hyghnes or shall aduysedly maliciously and directely put in vre or execute any thyng for thextollyng aduauncement settyng forth mayntenaunce or defence of any such pretended or vsurped iurisdiction power preheminence or aucthoritie or any part therof That then euery such person and persons so doyng and offending theyr abbettours aydours procurers and counsaylours beyng thereof lawfully conuicted and attaynted accordyng to the due order course of the commen lawes of his ●ealme for this or theyr fyrst offence shall forfeyte and lose vnto your hyghnesse your heyres and successours all his and theyr goodes and cattelles aswell reall as personall And yf any suche person so conuicted or attaynted shall not haue or be worth of his proper goodes and cattelles to the value of xx li. at the tyme of such his conuiction or atteyndour that then euery such person so conuicted atteynted ouer besydes the forfeiture of all his said goodes cattelles shal haue and suffer imprisonmēt by the space of one whole yere without bayle or mainprise And that also all and euery the benefyces prebendes and other Ecclesiasticall promocions and dignities whatsoeuer of euery Spirituall person so offendyng and beyng atteynted shall immediatly after such atteyndour be vtterly voyde to all intentes and purposes as though thincumbent therof were dead And that the patron donour of euery such benefice prebend spiritual promocion dignitie shall may lawfully present vnto the same or giue the same in suche maner and fourme as yf the sayde incumbent were deade And yf any such offendour or offendours after suche conuiction or atteyndour do eftsones committe or do the sayde offences or any of them in maner and fourme aforesayde and be therof duely conuicted and atteynted as is aforesayd That then euery such offendour and offendours shall for the same seconde offence incurre into the daungers penalties and forfeytures ordeyned and prouided by the Statute of prouision and Preminire made in the .xvi. yere of the reigne of Kynge Rycharde the seconde And if anye suche offendour or offendoures at anye tyme after the sayde seconde conuiction and attayndoure doo the thirde tyme commytte and doo the sayd offences or anye of them in maner and fourme aforesayde and be therof duelye conuicted and attaynted as is aforesayde That then euerye such offence or offences shall be demed and adiudged highe treason and that thoffendour and offendours therein beynge thereof lawefullye conuycted and attaynted accordynge to the lawes of thys Realme shall suffer paynes of deathe and other penalties forfeytures and losses as in cases of hyghe treason by the lawes of thys Realme AND ALSO THAT IT MAY lykewyse please youre hyghnes that it may be enacted by thauctoritie aforesaide that no maner of person or persones shal be molested or impeached for any thoffences aforesaid committed or perpretated only by preaching teachyng or wordes onles he or they be therof lawfullye endicted within the space of one half yeare next after his or their offences so commytted And in case any person or persons shall fortune to be imprisoned for anye of the sayde offences commytted by preachyng teachynge or woordes onelye and be not thereof indicted wythin the space of one halfe yeare nexte after hys or theyr such offence soo commytted and done That then the sayde personne soo imprysoned shall be set at lybertye and be no lenger deteyned in prison for anye suche cause or offence PROVIDED ALVVAIES AND BE IT enacted by thaucthoritye aforesayde that thys acte or anye thing therein conteyned shal not in any wise extend to repeale any clause matter or sentence conteyned or specified in the said Acte of Repeale made in the sayde fyrst and seconde yeares of the raignes of the sayde late king Philip and Quene Mary as doth in any wise touch or concerne any mater or case of preminire or that doth make or ordeine any mater or cause to be within the case of preminire but that the same forsomuch only as toucheth or concerneth any case or matter of preminire shal stand and remayne in such force and effect as the same was before the makynge of this acte Any thinge in thys acte conteined to the contratye in anye wyse notwithstandinge PROVIDED ALSO AND BE IT enacted by thaucthorytye aforesayde that thys acte or anye thynge therein contayned shall not in any wise extende or be preiudycial to any person or persōs for any offence or offences committed or done or hereafter to be committed or done contrary to the tenour and effect of any acte or Statute now reuiued by this acte before th end of xxx daies next after th end of the session of this present parliament any thing in this act conteined or any other matter or cause to the contrary notwithstandyng And if it happen that any pere of this Realme shal fortune to be endicted of and for anye offence that is reuiued or made preminire or treason by this act that then he so being indicted shal haue his trial by his peres in such like maner and forme as in other cases of treason hath bene vsed PROVIDED ALVVAIES and be it enacted as is aforesayde that no maner of order acte or determination for any matter of religion or cause Ecclesiasticall had or made by thauctoritie of this present parliament shal be accepted demed interpretate or adiudged at any tyme hereafter to be any errour heresy scisme or scismaticall opinion Any order decree sentence constitution or lawe whatsoeuer the same be to the contrary notwithstanding PROVIDED ALVVAIES AND BE it enacted by thaucthoritie aforesaid That such person or persons to whome your highnes your heires or Successours shall hereafter by letters patentes vnder the great Seale of England geue aucthority to haue or execute any iurisdiction power or aucthoritie Spiritual or to visit reforme order or corect any errours
heresyes scysmes abuses or enormities by vertue of this Act shall not in any wise haue aucthority or power to order determyne or adiudge anye matter or cause to be heresye but only suche as heretofore haue ben determined ordred or adiudged to be heresy by thaucthority of the canonical Scryptures or by the first four general Counsailes or any of them or by any other general Counsaile wherin the same was declared heresy by the expresse and plaine wordes of the said canonical Scriptures or such as here after shal be ordred iudged or determyned to be heresy by the hyghe Court of Parliament of this Realme with thassent of the Cleargy in their conuocation Any thyng in this act conteyned to the contrarye notwithstanding AND BE IT FVRTHER enacted by thaucthoritie aforesaied that no person or persons shal be hereafter endicted or arraigned for any the offences made ordeyned reuiued or adiudged by thys acte onlesse ther be two sufficient witnesses or more to testify and declare the said offences wherof he shal be indicted or arrained And that the sayd witnesses or so many of them as shal be liuing and within this Realme at the time of the arraygnemente of such person so indicted shal be brought forth in person face to face before the party so arrayned and there shal testify and declare what they can say against the partie so arraygned yf he require the same PROVIDED ALSO and be it further enacted by thaucthority aforesaid that if any person or persons shal hereafter happen to geue any reliefe ayd or comfort or in any wyse be aiding helping or comforting to the person or persons of any that shall hereafter happen to be an offendour in any mater or case of Preminire or treason reuiued or made by this acte That then suche reliefe ayde or comforte giuen shall not be iudged or taken to be any offence onlesse ther be two sufficient witnesses at the least that can and will openly testify and declare that the person or persons that so gaue such reliefe ayde or comforte had notice and knowledge of such offence committed and done by the sayde offendour at the tyme of such reliefe ayde or comforte so to him giuen or ministred any thinge in this acte conteyned or anye other matter or cause to the contrary in any wise notwithstandinge AND VVHERE ONE PRETENSID sentence hathe heretofore hene giuen in the consistory in Powles before certaine Iudges Delegate by the authoritie Legantine of the late cardinal Poole by reson of a forreyne vsurped power and aucthoritie agaynste Rycharde Chetwod Esquier and Agnes his wife by the name of Agnes Wod●… at the sute of Charles Tyrrel gentleman in a cause of matrimony solemnized betwene the said Richard and Agnes as by the same pretensed sentence more playnly doth appeare From which sentence the sayde Rychard and Agnes haue appealed to the courte of Rome which appeale doth there remayne and yet is not determined Maye it therfore please your hyghnes that it may be enacted by the aucthority aforesaid that if sentence in the said appeale shal happen to be giuen at the sayde courte of Rome for and in the behalfe of the said Richard and Agnes for the reuersyng of the sayd pretensid sentence before the ende of thre score dayes next after the end of this Session of this present Parliament That then the same shal be iudged taken to be good and effectuall in the lawe and shal and maye be vsed pleded and allowed in anye courte or place wythin thys Realme anye thing in this acte or in any other acte or statute conteined to the contrary notwithstanding And if no sentence shal be giuen at the courte of Rome in the said appeale for the reuersing of the said pretensid sentence before thy ende of the sayde three score dayes that then it shall and maye be lawfull for the sayde Rycharde and Agnes and either of them at anye tyme herafter to commense take sue and prosecute 〈◊〉 said appeale from the saide pretensed sentence and for the reuersing of the saide pretensed sentence within this Realme in suche lyke maner and forme as was vsed to be pursued or mighte haue ben pursued within this realme at any tyme since the .xxiiii. yere of the reigne of the sayde late kyng Henry the eyght vpon sentences geuen in the court or courtes of any Archbishop within this realme And that such appeale as so hereafter shal be taken or pursued by the sayde Richard Chetwod and Agnes or either of them and the sentence that herein or therevpon shal hereafter be geuen shal be iudged to be good and ●…fectuall in the lawe to all intentes and purposes anye lawe custome vsage canon constitution or any other matter or cause to the contrary notwithstanding PROVIDED ALSO AND BE IT enacted by thaucthorytye aforesayde that wher there is the like appeale now depending in the sayd court of Rome betwene one Robert Harcourt Merchaunt of the staple and Elizabeth Harcourt otherwise called Elizabeth Robins of the one partie And Anthony Fydell Marchaunt Straunger on thother partie that the sayd Roberte Elizabeth and Anthonye and euery of thē shal and may for the prosecuting and trieng of their said appeale haue and enioy the like remedy benefitte and aduantage 〈◊〉 like maner and fourme as the said Richard and Agnes or any of 〈◊〉 hath may or ought to haue and enioy this act or anye thing 〈…〉 conteyned to the contrary in any wise notwithstandyng