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A22993 Anno primo et secu[n]do Philippi & MariƦ actes made at a Parliament begon and holden at Westminster, the xij day of Noue[m]ber, in the fyrst and second year of the reigne of Our Soueraigne Lorde and Lady, Philippe and Marye by the grace of God, Kinge and Quene of England, Fraunce, Naples, Jerusalem, and Irelande, defendours of the faith, princes of Spayne & Sicile, archdukes of Austria, dukes of Millaine, Burgondie and Brabant, counties of Haspurge, Flaunders, and Tyrol, and there continued and kepte vntyll the dissolution of the same, beinge the xvj daye of January then next ensuing, were enacted as foloweth.; Laws, etc. England and Wales.; Mary I, Queen of England, 1516-1558.; Philip II, King of Spain, 1527-1598. 1555 (1555) STC 9448.3; ESTC S113142 63,051 69

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sufficient aucthoritie so to doo that then euery owner of the said vietualls corne and other thynges abouesayd soo tronsported or caried and the owner and owners of enery such bote or Vessel and the bore menne and mareners of the same shall loose forteyte and suffer all such forfaytures paynes and penalties as is aboue rehearsed th one moytie of al and euerye which forsayture or forfaitures to be to the kynge and Quenes hyghnes theyr heyres and successours and tho ther moytie to him or them that wyl sue for the same by byl information attion of debte or otherwyse in any of the kynge and Queenes hyghnes courtes of recorde in which actyon byll or suite the defendaunte shal not wage his lawe nor haue any essoygne or protectyon to him allowed And be it enacted by thaucthoritie aforesaid that yf any person or persons shall obtayne of the kyng and Queenes maiesties ther heyres or succe ssours or of any of them any licence to eary and transport any corne victual or wodde into any parries beyond these as that if he or thei to whom any such licence shal be geaunted or any other to whom such person or persoues hauynge such lycence shal giue graūt or sell his or their said licence vnto shall cary and conucy or cause to be caried and conueyed any more corne victuall or wood then shal be conteined in his or their said licence shall forfeyte the treble value of the sayd corne victual or wood so carried and trasported withoute sufficient auctoritie and shal suffer imprisonment for one whole yere in the common gaole where he shal be apprehended ther to remaine without bayle or mainepryse And be it further enacted by thaucthoritie aforesayd that no maner of person or persones after the said .xx. day of Ianuary that shal obteine or haue any such licence for transportynge and carying anye corne victuall or wodde into any parties beyond the seas shal shippe lade and fraught the same or anye parte thereof at sondrye places within this realme but at one place certaine vpon paine of forferture of the sayd corne victual wodde and al his goodes cattels thoue moytie thereof to the kyng and Quenes inaiesties their heires and successours and thother moytie to him or them that wyll sue for the same by action of debte byl playnt information or otherwise wherein no wager of lawe essoygne or protection shal be to hym or them allowed And for the better execution of this act be it further enacted by the aucthoritie asoresaid that all and singuler Iustices of peace as well within the liberties as without within their seuerall aucthorities commyssions at any tyme with in three yeares next after such offences committed shall haue full powre and aucthoritie to enquire as well by the othes of twelue laweful men as also to heare examine the mayster maistres and mareners of the sayde shyppes crayers other vessels and al and euery other person and persones of all and synguler the offenders agaynste this present acte and to here and determine the same offences as they may and ought to here and determine any other trespasses or offences Prouyded alwayes and be it enacted by thaucthoritie aforesnyde that at all time and times hereafter when the common price of corne within thys Realme is that wheat shall not excede the pryce of vl.s. viii d the quarter and rye iiii.s the quarter and bareley .iii. shillings the quarter it shal be laweful to euery person and porsons to cary and transport ouer the sea to any place beyonde the seas at their pleasure of the sayde kyndes of corne so that it be not to the kyng and quenes enemies Prouyded alwayes and be it enacted by thautthoritie aforesayde that thys acte ne any thing therein contained shall extende to anye person or persones for the necessary victeling of any shippe shyppes or other vessells but that they and cuery of them maye victaile the sayd shyppes vessels as they mighte haue done before the making of this presente acte Thys acte or anye thynge therein conteined to the contrary notwithstandyng Prouyded alwayes and be it enacted by thaucthoritie aforesaide that thys acte or any thinge therein conteined shal not be preiudiciall or hurtefull vnto the Lord great admirall of Englande for the tyme beinge or to the kyng and Quenes Maiesties furisdiction of the Admiraltie but that the sayd Lord Admiral or his deputy or deputyes may and shall exercyse vse and execute al kynde of iurysdyctyon belongyng to the sea accordyng to his or their cōmissions as they might lawefully haue done heretofore Thys acte or anye thing therein conteyned to the contrary notwithstandyng ☞ An acte for the reuiuing of three Estatutes made for the punishment of heresies The .vi. Chapter FOr the eschuing and auoydinge of errons herefyes which of late haue risen growen and much increased within this Realme for that the Ordynaryes haue wanted aucthoritie to procede agaynst those that wer infected therwith Be it therefore ordeyned and enacted by the aucthoritie of this present parlyamente that the Statute made in the fyfte yere of the reigne of kynge Rycharde the second concerning the arresting and apprehension of erronyous and hereticall preachers and one other Statute made in the seconde yeare of the reigne of king Henry the fourth concernyng repressynge of heresies and punyshment of heretikes and also one other Estatute made in the Second yeare of the raygne of kynge Henrye the fyfre concernyng the suppressyon of heresye and lollardye and cuerye Article Braunche and sentence conteygned in the same thres seuerall actes and euery of them shall from the twenty daye of Ianuary next comming be reuiued and be in ful force strength and effect to all intenses constructions purposes for euer ☞ The tenor of the acte made in the fyst yeare of kynge Rychard is as foloweth Chapiter .v. ITem forasmuch as it is openly knowen that there be diuers euill persones within the realme going from coūtie to countie from towne to towne in certaine habites vnder dyssimulation of great holines with out the licence of the ordinaries of the places or other sufficient aucthoritie preaching daylye not onelye in churches churchyardes but also in markets faires other opē places where a great congregacion of people is diuers sermones conteining heresies notorious errours to the great embleamishing of the christen faith and destruction of the Lawes and of the estate of holye Churche to the great pericle of the soules of the people and of all the realme of England as more plainelye is found and sufficientlye prouyd before the reuerent father in God the Archbishop of Canterburye and the Bishoppes and other prelates maysters of diuinitie and doctours of Canon and of ciuile and a greate parte of the clergye of the said realme specially assembled for this cause which persones do also preach diuers matters of slaunder to engender discord dissention betwixt diuers estates of the said realme aswel spirituall as temporall
And be it further enacted by thauctoritie aforesayde that yf the Egiptians or other persons commonly callinge theim selues Egiptians and euery of them now beyng within this realme of Englāde or Wales do not depart out of the same within .xx. daies nexte after proclamation of this present acte shall be made that then he or they whiche shall not depart within the said time accordinge to the true meaning of this acte shall forfeyte and lose all his and theyr goodes and cattels and that then it shal be lawfull to al and euery the kynge and the Quenes subiectes to sease the same th one moytie thereof to be to the vse of our soueraygne lord and lady the king and the quene and thother moytie therof to be to the vse of him or them that shal so sease the same And be it also enacted by thauctority aforesayde that yf the Egiptians and other persons commonly called Egiptians and euerye of them now beinge within this realme of England or Wales do not depart out and frō the same within .xl. dayes nexte after proclamation shal be made of this act that then he or they which shall not depart and anoyd within the sayde tyme of .xl. dayes accordinge to the true meaning of this act shal be indged and demed according to the lawes of this realme of England a fellon and fellons and shal suffer therfore paines of death losse of landes and goodes as in other cases of fellony and shal be tryed as is aforesayd and without hauyng any benefite or prinilege of sanctuary and clergye And be it further enacted by thauctoritie aforesayde that yf anye person after the fyrst day of Ianuary next comming shall sue for the ●hteyning of any licence letter or pasporte for anye of the sayde persons called Egiptians to abide or continue within this realme of England or Wales contrary to the tenour of this acte that then euerye such person so suing shal forfeyt and lose for the same forty poundes of lawefull money of Englande and that euerye suche lycense letter and pasport shal be by vertue of this acte voyde to al intentes purposes th one moytie of all which summes of moneye to be forfeited as is beforesaid shal be to the kyng and Quene our Soueraygne Lorde and Lady and the other moyte therof to be to him or them that wyll sue for the same in any court of record by action of dect byll playnte or information wherin any essoigne wager of lawe nor protectyon shal be admitted and allowed Prouyded alwayes and be it enacted by thaucth oritie aforesayd that thys present act nor any thinge therein conteyned shall not extende nor be hurtfull to any of the saide persones commonlye called Egyptians which within the sayd tyme of twenty dayes nexte after the sayde proclamation to be made as is beforesayde shall leaue that noughtye ydle and vngodly lyfe and companye and be placed in the seruice of some honest and able inhabitaunte or mhabytauntes within this realme or that shal honestlye exercyse hym selfe in some lawe full worke or occupation but that he or they so continuing in seruyce or other lawful worke or occupation shal duringe suche time as he or they shall so continue be discharged of all paynes and forfeitures cōtayned in this acte Prouyded also and be it enacted by the aucthoritie aforesayde that this acte shal not in any wise extende to anye chyld or children being not aboue the age of .xiii. yeares nor to any of the said personnes being nowe in prison so that he or they so being in prison doo departe out of this realme within .xiiii. dayes next after his or their deliuery out of pryson nor shall extend to charge anye maner of person or persones as accessary to any offence or offences conteined or specified in this estatute ☞ An acte to restraine carrying of corne victuals and wodde ouer the Sea ☞ The .v. Chapter WHere as sundry good estatutes and lawes hath bene made within thys realme in the tiine of the Queenes highnes most noble progenitours that none shuld trāsport carye or conueye oute of thys Realme into anye place in the parties beyond the seas any corne butter chese or other victuall except onelye for the vitalyng or the towne of Callys Hames Guysnes and the marches of the same vpon dyuerse great paynes and for faytures in the same conteined that norwithstandyng many and sundre couetous and vnsaciable persenes sekyng their onely sucres and gaynes hath and dayly doeth cary and conueigh innumerable quanticie aswel of corne chese butter other victual as of wod out of this realme into the parties beyond the seas By reason whereof the sayd corne vyctual woode are growen vnto a wonderfull dear the and extreme pryces to the great detriment of the Common wealth of this your highnes realm and your faythfull fubiectes of the same For remeby wherof it may please your highnes that it may be enacted and be it enacted by youre highnes by thassent of the lordes spirituall and temporall and the commons in this present parliamēt assembled and by thauctoritie of the same that no maner of person or personnes after the .xx. daye of Ianuary next commyng shal carye transport out of this realme by any Shippe Craier or other bessell whatsoeuer into any place in the parties beyond the seas or into the realme of Scotland any wheat rye barleye or other corne or grain growing within this Realme or any malt made within the same or any bere butter chese heringe or wodde except onely to and for the victualing and furniture of the to wnes of Callyes Hames Guysnes and to the towne of Barwicke the marches of the same wyth out sufficient and laweful aucthoritie so to do vpon the paines and penalties hereafter eusuyng that is to say thowner and owners of the sayd shyppes and other vessels to forfeyte the sayd shippes crayers and other vessels with al their apparels to them and euery of them belongyng wherein the sayde corne butter chese herryng victuall or wodde shalve so transported and caried and the owners owner of the sayd corne butter chese hearynge and wodde to forfeyte the double value of the same so caried and conueied and the maister and mareners of euery of the sayd shippes craiers and vessels for euerye such offence to forfeyte all their goodes and to be imprisoned by the space of one whole yeare without bayle or maynepryse And be it further cuacted by thauctoritie aforesaid that yf anye person or persones after the sayde twenty day of Ianuary do cary conueye awaye by Boote Crayer or other vessell or otherwpse anye wheate tye bareley malte or other corne or crayne or any beare butter chese herryng or wodde to any Shippe or vessett beinge on the Seas or within any Hauen creke or other place of the bordre of this Realme to be transported caried and conueyed into any place in the parties beyonde the Seas or into the realme of Scotland without
in exciting of the people to the great peril of al the realm which preachers cited or sommoned before the ordinaries of the places there to aunswere of that where of they be impeched wil not obeye to there summons and commaundementes nor care not for their monycyons nor sensures of the holy Church but expressely dispise thē And moreouer by their subtil and ingenious wordes do drawe the people to here their Sermons and do maintaine them in their errours by stronge hand and by great routes It is ordeyned and assented in this present Parliament that the kinges commissions be made and directed to the Sheryffes and other ministers of our soueraigne Lord the kinge or other sufficient persons learned and accordinge to the certificatiōs of the prelates therof to be made in the Chauncery from time to time to arrest all suche preachers and also their fautours mainteners and abbettours and to holde them in arrest and strong prison ●ii they wil instify them accordyng to the lawe and reason of holy Church And the kynge wyll and commaundeth that the Chauncellor make such commissions at all times that he by the prelates or any of them shal be certyfyed and thereof required as is aforesayd ¶ The tenor of the second acte made in the second yeare of kynge Henry the .iii. is as foloweth Cha .xv. ITem where as it is shewed to our Soueraygne Lord the king on the behalfe of the prelates and Clergye of his realme of England in this presente Parlyamente that although the catholyke faith builded vpon Christ and by his Apostles and the holye church sufficientlye determined declared and approued hath bene hether to by good and holy and moste noble progenitours of our soueraigne Lord the kyng in the saide Realme emongeste all the realmes of the worlde most deuoutlye obsetued and the Churche of Englande by his said most noble progenitours and auncestours to the honoure of God and the whole Realme aforesaid laudably endowed and in her rightes and liberties susteined without that that the same faith or the sayd Church was hurte or greuouslye oppressed or ells perturbed by any peruerse doctryne or wicked heretical or crronious opinions yet neuer the lesse dyuers false and peruerse people of a certaine new secte of the sayth of the Sacramentes of the Churche and the aucthorytie of the same damnably thinking and agaynst the lawe of god and of the churche vsurpyng the offyce of preachyng do pecuersly and maliciouslye in dyurrse places within the sayd realme vnder the colour of dissimuled holines preach and teach these dayes openly and priuely diuers newe doctrines and wycked heretical and erronious opiniōs contrarye to the same fayth and blessed determinations of the holye Churche And of suche secte and wicked doctrine and opinions they make vnlawefull couenticles and coufederacies they holde and exercyse scholes they make and wryte bokes they do wickedly instructe infourme people and asmuch as they maye excite and stirre them to sedition and insurrection and maketh gret strife and diuision emong the people and other enormities horrible to be heard dayly doo perpetrate and commit in subuercion of the said catholyke faith and doctryne of the holy churche in diminucion of Gods honoure and also in destruction of the estate ryghtes and liberties of the saide churche of England by which secte and wicked and falfe preachynges doctrynes and opinions of the sayd false and peruerse people not onely most greatest peryl of the soules but also manye more other hurtes slaunders and peryls which God prohibite mighte come to thys Realme onlesse it be the more plētifully and spedely holpen by the kynges maiestie in this behalfe namely wher as the diocesans of the said realme cannot by their iurisdiction spiritual without aide of the sayde royall Maiestie sufficiently correcte the saide false and peruerse people nor refrayne their malice because the said false and peruerse people do go from Dyoces to Dyoces and wil not appeare before the sayd Diocesans but the same Diocelans and their iurisdiction spiritual and the kayes of the churche with the censures of the same doo vtterlye contempne and dispise and soo there wicked preachinges and doctrines doeth from daye to daye continue and eretcise to the hatrede of fyght and reason and vtter destruction ordre and good rule Vpon whych no welties and excesses aboue rehearsed The Prelates and Cleargye aforesayd and also the commons of the sayd realme being in the same parliamēt praying our soueraigne Lord the kyng that his roial highnes would vouchesafe in the sayd parliamente to pronide a conuenyente remedy the same our soueraygne Lorde the kyng gratioufly considetyng the premyffes and also the lawdable steppes of his said most noble progentiours and auncestours for the conseruation of the said catholyke fayth and sustentation of Goddes honour and also the safegard of the estate ryghtes and lyberties of the sayde Churche of Englande to the laude of God and merite of our saide soueraygne Lorde the kynge and prosperitie honour of al his sayd realme and for the eschewynge of such dissentions diuisions hurtes slaunders and peryles in time to come and that thys wycked secte preachynges doctrynes and opinions should from henceforth cease and be vtterly destrayed by thassent of the states other discrete men of the Realme beyng in the sayde parlyament hathgraunted stablyshed ordeined from henceforth fermely to be ovserned that none within the said realm or any other dominions subiectes to his royal maiestie presūe to preache openly or priuely without the licence of the Dyocesan of the same place fyrst required and obteined curates in their owne churches persones hetherto priuileged and other of the canon law graunted onelye excepte Nor that none from hence for the anye thynge preache holde teach or instruct openly or priuely or make or writts anye boke contrary to the catholyke fayth or determination of the holye churche nor of such fecte and wicked doctrines and opinions shall make anye conuenticles or in any wise holde or evercyse Scholes And also that none from henceforth in any wise fauoure suche preacher or maker of any such and lyke conuenticles or holdynge or exercysyng Scholes or makynge or wrytynge suche bokes or so teachynge informynge or exciting the people nor any of them maintaine or in anywise sustaine And that al and singuler hauyng suche bookes or anye wrytynges of such wycked doctrine and opinions shal really with effect delyuer or cause to be deliuered al such bokes and writtnges to the Dyocesan of the same place within .xi. dayes from the tyme of the proelamation of this or viuaunce and statute And yf any person or persons of what so euerkynd estate or condition that he or they be from henceforth do or attempt against the roial ordinaunce statute aforesaid in the premisses or in any of them or such bokes in the fourme aforesaid do not delyuer then the diocesan of the same place in his dioces such personne or persones in this behalfe defamed or euidently
suspected euery of thē may by the aucthoritie of the sayd ordinarye and Statute cause to be arrested and vnder saufe custody in his prisones to be deteined tyl he or they of the articles layed to him or them in this behalfe doo canonically purge him or them selfe or ells suche wicked secte preachynges doctrynes and heretical and erronious opiniōs do abiure according as the lawes of the church doth require so that the sayd dyocesan by him self or his commissaries do openly and iudicially procede against such periones so arrested and remayning vnder his saufe custodye to all effect of the lawe and determine that same busynes according to the Canonicall decrees within three monethes after the sayde arrest any lawfull impedimēt ceassing And yf any person in any case aboue expressed be before the diocesan of that place or hys commyssaryes canonically conuict then the same diocesan may do to be kept in his prison the sayd person so conuict for the maner of his defaulte and after the qualitie of the offence accordyng and as long as to hys discretion shall seme expedient and moreouer to put the same person to the secular court except in cases where he accordyng to the canonicall decree ought to be left to paye to our soueraigne lord the kinge his pecunier fine accordyng as the same fyne shall seme competent to the diocesan for the maner and qualitie of the offence in which case the same dyocesan shal be bounde to certifye the kyng of the same fine in his escheker by his Lettre Patentes sealed with hys seale to the effecte that suche fyne by the kynges aucthoritie maye be requyred and leuied to his vse of the goodes of the same person so conuycte And if any person within the sayd realme and dominions vpon the sayde wycked preachynges doctrynes opinions schooles and heretycall and erronious informations or any of them be before the diocesan of the same place or his commissaries sentencially conuyct the same wicked sect preachinges doctrines and opinions scholes and informations do refuse duely to abiure or by the dyocesan of the same place or his commyssaryes after the abiuration made by the lame person pronounced fal in to relapse so that accordinge to the holye canons he oughte to be lefte to these culer courte whervpon credence shal be geuen to the dyocesan of the same place or to his commissaryes in this behalfe then the sheryffe of the countie of the same place and Maior and sheryffes or sheryffe or Mayor and Baylyffes of the Citie Towne and borow of the same countye next to the same diocesan or the sayde Commissaryes shal be personailye present in preferryng of such sentences when they by the same diocesan or his commissaries shal be required and they the same personnes and euerye of them after suche sentence promulgate shall receaue and them before the people in an hygh place dooe to be brent that such punyshmente maye strike in feare to the myndes of other wherby no such wycked doctrine and heretical and erronious opinions nor their abbettours and fautours in the said realme dominions agaynst the catholike faith christen law determination of the holy church which god prohibite be fusteined or in any wyse suffered in whiche al and singuler the premisses concerninge the sayde ordinaunce and statute the sheriffes maiors and bailiffes of the said counties cities boroughes and townes shal be tendynge aydynge and supportyng to the sayd diocesans and their commissaries ☞ The tenor of the thyrd act made in the second yere of kygne Henry the fift is as foloweth Cap. vii ITem forasmuch as great rumors congregations insurrections here in the realme of England by diuers of the kinges liege people aswel by them which wer of the sect of heresies commonly called lolardry as by other of their confederatie excitation abbetment nowe of late were made to thintent to adnul destroy and subuerte the christen faith and the law of god and holy church within this same realm of England and also to destroy the same our soueraine lord the king and all other maner of estates of the same realme of England aswel spiritual as temporal and also al maner of policie and finally the lawes of the lande The same our soueraigne lord the king to the honour of god and in conseruation and fortification of the christen faith and also in sak ation of his royal estate and of thestate of al his realme willing against the malice of such heretikes and lolardes to prouide a more open remedy and punishment then hath ben had and vsed in the case hereto fore so that for fear of the same lawes and punishment such heresies and lolardries may the rather cease in time to come by the aduise and assent aforesaid at the prayer of the saide commons hath ordeined established that first the chaunceloure treasurer Iustices of the one benche and of thother Iustices of peace shirifes mayors and baylifs of cities and townes and al other officers hauinge gouernaunce of people which now be or hereafter for the tyme shal be shal make anothe in takyng of their charges and occupations to put their hole power and diligence to put out and do to be put out cease and destroy al maner of heresies and errors commonly called lolardryes within the places where they exercise their offices and occupations frō time to tyme with al theyr power and that they assist the ordinaryes and their comissaries and them fauor and maintaine as often as they or any of them to that shal be required by the same ordinaries or theyr comissaries so that when the saide officers and ministers trauayle or ride to arrest any lolard or to make assistence at the instance and request of the ordinaries or their commissaries by vertue of this statute that the same ordinaries and commissaries shal paye for theyr costes reasonable And that the kynges seruices to the which the same officers be fyrst sworne be preferred before al other statutes for the libertie of holy church and the ministers of the same in especiall for the correction and punishment of the heretikes and lolardes before this time made and not repelled being in their force And also that al persons conuict of heresie of what estate condition or degre that thei be by the sayd ordinaries or other cōmissaries left to the seculer power according to the lawes of holp churche shal lose and forfeyte all theyr landes and tenementes whiche they haue in fee simple in the maner as foloweth that is to say that the kinge haue al the londes and tenementes whiche the sayde conuictes haue in fee simple and holden of him immediately as forfeyte and that the other lordes of whome the landes and tenements of such conuictes be holden immediatly after that the king is so seaced and answered of the yeare the day and the wast haue liuery out of the kynges handes of the landes and tenemētes aforesaid of them so holden as it hath bene
vsed in the case of attainder of feloni except the landes tenementes which be holden of the ordinaries or their cōmissaries before whom any such persons impeched of heresie be cōuict which landes tenementes intierly shall remaine to the king as forfayt And moreouer that al the goods cattels of these persons so cōuicted be forfeit to our soueraygne lorde the kinge so that no person conuict of heresy left to the seculer power after the lawes of holy church shal forfeyt his lands before that he be dead And if any such person so cōuict be enfeffed be it by fine by dede or without dede in landes or tenementes rentes or seruices in fee or otherwise or hath any other possessiōs or catels by gift or graūt of any persō or persons to anothers vse thē to thuse of such cōuictes that the same landes nor tenements rentes nor seruices nor suche other possessions nor catels shal be forfeit to our soueraign lorde the king in no wise And moreouer that the iustices of the kings bench iustices of peace iustices of assise haue ful power to enquire of al thē which hold any errors or heresies as lolardes whiche be theyr mainteyners receiuers fauorers susteners cōmen writers of such bokes as wel of the sermons as of their scoles conuenticles congregatiōs confederaties And that this clause be put in comissions of the iustices of the peace And if any persons be indicted of any pointes aforesaid the sayd iustices shal haue power to award against thē a capias the shiref shal be bound to arrest the person or persons so endicted as sone as he may them find by him or by his officers And forasmuch as the cognisance of heresy errors lolardries belongeth to the iudges of holy church not to the seculer Iudges suche persons iudicted shal be delyuered to the ordinaries of the places or to their commissaryes by indentures betwixt them to be made within .x. dayes after theyr arrest orsoner yf it may be therof to be acquit or conuict by the lawes of holy church in case that these persons be not indicted of another thynge whereof the cognysaunce belongeth to the seculer iudges and offycers in whiche case after that that they be acquyte or delyuered before the seculer Iudges of suche thinges to the seculer Iudges helongyng they shal be sent in safegarde to the sayde ordynaryes or their commissaryes and to them delyuered by indentures as before to be acquite or conuyct of suche lollardryes errours or heresies as is aforesayde after the lawes of holy churche and that within the terme aforesayde Prouided alwayes that the sayd endictementes be not taken in euidence but for information before the spyrytuall Iudges agaynste suche persones so endicted but that the ordinaries commence theyr processe agaynst such persons endicted in the same maner as though no endictmeut were hauing no regarde to suche endictmentes And yf anye be endicted of heresye erroure or lolardrye and taken by the Sheriffe or other officer he shal be let to maynpryce wythin the sayde tenne dayes by good suertye for whom the sayde shyreffes or other officers wil aunswere so that the sayde person or personnes whiche were so endicted be readye to be deliuered to the sayde ordynaries or to theyr commissaries before the ende of the sayde tenne dayes yf he may by anye meanes for sicknes And euerye ordynarye shal haue sufficient commissaries or commissary dwellyng in euerye countie in a place notable so that if any such person so endicted be taken that the sayde commissaries 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 person so endicted by indentures as before And that in the inqueste in this case to he taken the shyreffes and other offycers to whom it belongeth shall do to be empanelled good and sufficient persons not suspected nor procured that is to say that euerye of them which shal be so empanelled in suche inquest haue within the realme of England C.s. of landes tenementes or of rente by yeare vpon payne to lose to the kynges vse x.li and they which shal be empanelled in such inquestes in Males euery of them shal haue to the value of xl.s by yeare And yf anye suche person be arreste be it by the ordinary or by the kynges officers or ministers and escape or break the prison before that he be acquit before the ordinarye the goodes tattelles which he hadde the daye of suche arreste shal be forfeyte to the kynge and his landes and tenementes whiche he had the same daye seased also into the kynges handes the kyng shall haue the profytes therof from the sayd daye vntyll he be yelded to the pryson frō whiche he escaped And that the foresaid Iustices haue ful power to enquyre of al such escapes breakyng of pryson and also of landes 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 conuicte it shal be lawfull to his heyres to enter into the landes and tenementes of their auncestre without anye other pursuyt makynge to the kyng for thys cause and then al they which haue libertyes and fraunchises royall in England as in the countye of Chester the countye and liberty of Durham other lyke and also al the Lordes which haue iurisdiction and frauchisies royal in Wales where the kynges wryttes do not run haue power to execute and put in due executiō these articles in al poyntes by thē or by theyr officers in like mauer as the Iustices and other the kynges officers before declared shoulde doe ☞ An act that persons dwellinge in the countrey shal not sel diuers wares in eities or townes corporate by retayle ☞ The .vii. Chapter WHere before thys tyme the aunnent tities horughes to wnes corporat and maiket to wnes within thys realme of Englād haue bene very populous chiefly inhabited with march auntes artificers handye craftes men during which time the childrē in the sayd cities borowes townes corporat market townes were ciuilly brought vp and instructed and also in the said cities borowes and townes corporate kepte in good order and obeysaunce and the whabiters of the same wel set on worke and kept from ydlenes By reason wherof the sayde cytyes borowes and townes corporate dyd then prosper in riches and great wealth were as then not only able to serue and furnysh the kynges and quenes maiesties and othere their noble progenytours kynges of thys realme aswell with great numbers of good able persons and wel furnyshed meete for the warres as also then charged and yet chargeable with greate fee farmes quindemes taxes and diuers other paymentes to the kyng and Quenes maiesties whiche at this present they be not able to paye beare but to their vtter vndoinge beynge fewe
in other cases of hygh treason And it is further enacted by thauctoritie aforesayde that no person or persons shall in any wyse be impeached for any of the offences abouesayd commytted onely by open preachynge or wordes onlesse the offender of offenders be therefore indited within sixe moneths next after the same open preaching or wordes Anye thing conteined in this acte to the contrary notwithstandyng Prouyded alwayes and be it enacted by thaucthoritie aforesayd that vpon the arraygment of any person whiche hereafter shall for tune to be arraygned for any treason mentioned in this acte all and euery such person persones or two of thē at the least as shall hereafter wryte declare confesse or depose any thing or thynges agaynst the person to be arraygned shall yf they be then liuing within the realme be brought forth in person before the partye arraygned yf he requyre the same and obiecte and saye openly in his herynge what they or any of them can agaynst him for or concerning any the treasones conteined in the indictment wher vpon the partye shal be so arraygned onlesse the partye arraygned for any such treason shal willingly confesse the same at the time of his or their arraignement Prouided neuer thelesse be it enacted by the thauchoritie aforesayde that in al cases of hyght treason concernynge coyne curraunt within this realme or for counterfeytyng the king or Quenes sygnet pryuie seale great seale or sygne manuel such maner of tryal none other be obserued and kept as heretofore hath bene vsed by the common lawes of this realme Any lawe statute or any other thynge or thynges to the contrary notwithstandyng Pronyded alwayes that the counsellours procurers cōforters and abbettonrs for his or their first offēre shal suffer like punishment penaltie and forfeyture as is conteyned in this acte against the pryncipal offendours for their first offence and none other And that the councellours procurers comforters abbettoures for his or thier second offence shall susteyne lyke punyshment penaltie forfeytur as is conteyned in this act agaynst the principal offendour or offendoures for their second offence and none other ¶ And acte for the punishment of brynging in of couterfeyte coyne of forrayne realmes beynge curraunte wythin this realme The .xi. Chapiter WHere diuerse and sondrye coynes of golde and siluer of other realmes not beynge of the propre coyne of thys realme of Englande and yet by the sufferaunce and consent of the kyng and quene our Soueraygne Lord and Lady be curraunt in paimēt within this realme many yl disposed persons for thir owne corrupte lucre aduaūtage haue nowe of late brought into this realme from the parties of beyonde the sea greate quantitie of forged and counter fayte mony lyke to the said coine of other forreyne realmes and haue vttered the same here by marchaundising and otherwyse to diuerse of the subiectes of this realme to their greeat deceit hurt damage because the sayde yl dysposed persones hane perceaued and vnderstanded that there was not nor yet is any sufficiente lawe or statute made or prouyded for the condygne punyshment of the offendours in that behalfe Wherefore be it enacted and establyshed by the auc thorytye of this present Parliament that if any person or persōes after the twentye daye of Ianuary nexte commynge shal bryng from the partyes of beyond the sea into this realme or into any the dominions of the same any such false and counterfeyte coyne or money beyng courraūt within thys realme as is aforesayd knowyng the same coine or money to be false and counterfeite to thintent to vtter or make paimēt with the same within this realme or any the dominions of the same by marchaundisyng or otherwyse that all and euery such person or persones so offen ●yng as is aforesayd their counsailours procurours aydours and abbettours in that behalfe shal be demed iudged to be offendours in high treason and shall suffer after lawefull conuiction or attaynder thereof such paines of death losse and forfaiture of landes goodes cattelles as other offendoures shal do in cases of high treason And be it further enacted by the aucthoritie aforesayd that all euery person and persons that shall at any tyme after the sayde .xx. day of Ianuary be accused or impeched of any of the offēces conteined and prouided for in this estatute or of any other offēce or offences concernyng the impayrynge counterfeytyng or forgyng of any coyne curraunte within this realme shall and maye be endicted arreyned tryed conuicted or atteynted by suche like euidence and in such maner and fourme as hath ben vsed accustomed within this realme at any tyme before the tyrste yeare of the raygne of our late sone raygne lord king Edward the sixt Any statute custome lawe or vsage to the contrarye there of in any wyse notwithstanding ¶ An acte for the impounding of disters The .xii. Chapyter FOr the auoydyng of greuous vexations exactions troubles and disorder in taking of destresses and im poundynge of cartel be it enacted by aucthorytye of this present Parlyment that frō after the first dai of Apryl next cōming no distresse of catel shal be driuen out of the hūdred rape wapentake or lath where such distresses is or shal be takē except it be to a pound ouert within the sayd shire not aboue thre myles distaūt from the place where the sayd distresse is taken that no cattell or other goodes distreined or taken by way of distresse for any maner of cause at one tyme shal be impoūded in seueral places whereby the owner or owners of such dystresse shal be constrayned to sue seuerall repleuis for the deliuery of the sayde distresse so taken at one time vpō payne euery person offendyng contrary to this act shal forefeyt to the party greued for euery such offence a hundred shillinges and treble damages And further be it enacted by aucthoritie aforesayd that after the said fist day of Apryll no persō or persons shall take for kepynge inpounde impounding or pondage 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 bene vsed ther to take lesse vpon the payne of fyue pound to be payd to the party greued ouer besydes such mony as he shal take aboue the some of foure pence Any vsage or prescription to the contrary in any wise notwithstandyng And for the more spedier deliuery of cattell taken by waye of distresse it is further enacted by the sayd aucthoritie that euery Shiriffe of shires being no cities nor townes made shyres shall at his first countie day or within two monethes next after he hath receaned his patente of his office of shiriswike shall depute appoint proclayme in the shyre towne within his baylyweke foure deputies at the least dwellyng not aboue twelue myles one distaunt from another which sayd deputies so appoynted proclamed shal haue auctoritie in the sheryffes name to make
the said citie or suburbes of the same to be put in due execution by the saide maior and wardens and their successors for the time being in such manner forme as by the sayd ordinaunce shall be ordeyned and declared And that such as now be and the hereafter shal be makers of the saide russels sattens sattens reuerses and fustian of Norwich euery of thē within the sayd citie shall not from henceforth occupy the said mystery makyng of the said russels sattens sattens reuerses fustian of Norwiche nor anye of them within the sayd citie by them selues or by anye other before he or they so occupiyng the sayde mistery within the sayde citie be made free of the said citie and admitted to be of the sayd felow ship by the maior of the sayde citie wardeyns and felowshyppe of the sayd mistery for the time beyng And that no person do occupy by him selfe or anye other for him out of the sayd citie the saide misterye of makyng of russels sattens sattens reuerses and fustians of Naples or of any of them before he or they so occupiyng the same haue ben prentice to the saide misterye by the terme of seuen yeares or elles admitted by the sayde maior and felowshyp or the more part of them vpon paine of forfeyture of the same russels sattēs sattens reuerses fustian of Norwich by thē or any of them to be made cōtrary to the forme of this act Prouided alwayes be it enacted by thauctoritie aforesayde that the sayd maior and wardens for the tyme beynge shall not take anye summe of money or reward to theyr owne proper vses for the admytting of any person or persons to occupy the said mysterye vpon paine of forfeyture of treble the value of the reward or summe of moneye so by them or anye of them to be taken Prouided also that it shal be lawfull to the sayde wardenes and to euery of them for the time being by alwayes and meanes at al lawfull times dingētly from time to time to make searche by dewe ordynary waies for al maner of the saide russels sattens sattens reuerses and fustian of Norwiche that shal happen to be founde by them defectiue for lacke of good and true workmanshyp And that it shal be lawfull to the sayd wardeynes and euery of thē for the time beinge by vertue of this acte to sease and take the sayd russels sattens sattens reuerses and fustian bringe and present the same clothes so seased and taken to the Maior of the said citie for the time being vnto his successors to thintent that twelue honest lawful and expert men of the said mysterie and felowship being sworne before the sayde Maior maye by vertue of their othes make inquirie and present the maner of the sayde defaultes before the said Maior for the tyme beyng accordyng to such good and holsom or dinances and rules as shal be ordeyned and made for the conseruation and good continuance of the sayd occupation and misterie and the true makyng and working of the said russels sattens sattens reuerses and fustians of Norwich And that al euery person and persons that shall occupy vse and exercise the said misterye or making of the said russels sattens sattens reuerses and fustians of Norwiche or any of them contrary to the forme tenour playne meanyng and intent of this act and of the rules ordiaunces that at any time hereafter by aucthoritie of this acte shal be ordeyned and made for the continuaunce of the true and perfect making of the sayd russels sattēs sattens reuerses and fustian of Norwich shall forfeyt and lose for euery tyme so offending or making any russels sattens sattens reuerses and fustian of Norwiche contrary to the meaning tenour and effecte of the said acte rules and ordinaunces concerning the same suche fines emerciamentes and paines as shal be adiudged assessed and affered by twelue experte men of the sayd felowship vpon theyr othes the same twelue persons to besworne before the said Maior and wardens to enquire and make true verdict and presentment of such defaultes the one half of al which forfeyture to be to the Maior of the saide citye for the time being his successors and thother moitie to the said wardens for the time being and their successors bi action of det vil plaint or information in any court of record in which action vil plaint or information no wager of law protection inuention or forren I le shal be allowed And in case it shall fortune hereafter that any of the sayde russels sattens sattens reuerses fustian of Norwich shal lack of such lengthes bredes or of the true and ensuing making or sorting of the yarne as shal be appoynted and set forth by the sayd rules and ordinances and the same so to be found defectiue by verdicte of twelue men of the said felowship before the sayd Maior and wardeins and theyr successors That then the said russels sattens sattens reuerses fustians of Naples and euery of them so found defectiue to be cut in two peeces and to paye such fine or fines as shal be offered affered by the said twelue expert men by vertue of theyr othes the one moytye of whiche fyne or fines to be to the Maior of the sayd citie for the tyme being and to his successors and thother moytie to the wardeynes of the sayde felowshyp for the tyme beyng and to theyr successours Prouided alwayes and be it further enacted by thauctoritie aforesayd that if any wardeyne or wardeines for the time beyng of the said misterie or occupation of makinge russels sattens sattens reuerses and fustian of Naples shal at any tyme hereafter seale or cause to be sealed any russels sattens sattens reuerses or fustians of Naples that shal not be wel sufficient and truely wrought and made accordyng to the true entent and meanyng of thys present act shal forfeyt loose for euery pece so sealed beyng not well sufficient and trulye wrought and made the whole value of euery suche pece so sealed th one halfe of whiche forfeytures to be to the kynge and Queenes maiesties her heyres and successors and thother moytye therof to be to such person and persons as shall sue for the same by byll action or information in anye of the kynges courtes of record in whiche byll action or information no essoygne protection or wager of lawe shal be allowed An act to confyrme the liberties of the lorde Marchers in Wales The .xv. Chapter HVmbly besechen your excellente maiesties youre true and faythfull Subiectes the lorde Marchers bothe spyrytuall and temporall within your hyghnes dominion of Wales that where as in the parliament holden at Westm the xxvii yeare of the raygne of kynge Henry theyght father vnto you oure naturall Soueraygne ladye amongest other thinges one acte was made and established for lawes and instice to be ministred in the sayde dominion of Wales inlyke fourme as it is in thys realme of England
in the whiche acte one article is that for that the lordes Marchers before the parliament had vsed to put theyr tenauntes within the lordships Marchers vnder common maynpryce and suerty of apparaunce and haue had the forfeytures thereof which for euer from and after the feast of al sainctes then next ensuyng the sayde parliament shoulde vtterlye sease and be determyned It was enacted that after the sayd feast of all saynctes euery lay and temporall person then beyng a lorde Marcher shoulde haue the moitye or halfe of euery forfeyture of all and euery common mainpryce recognisance for the peace or apparaunce forfeyted by anye of their tenauntes inhabitinge within any of theyr lordships marchers and they to be payed the same moytie or halfe by the handes of the shyriffe of euerye of the countyes where such forfeyture shal be yf the shyryff can leuye the same and the same shyriffe to accompte to our sayde late soueraygne lorde the kynge for the other half or moytie in suche excheker as they can be accōtant And further it was enacted by the auctoritie aforesayde that all and euery lay and temporall person or persons then beyng lords marchers and hauyng any lordshyps marchers or lordships royall shoulde from and after the sayd feast of al sayuctes haue all such myses and profytes of their tenantes as they haue had or vsed to haue at the fyrste entrye into theyr landes in times past And also should haue hold kepe with in the precinct of theyr lordeshippes courtes Baron courtes lete and lawdayes and all and euery thing to the sayd courtes belonging and also shuld haue within the precinct of their said lordships or lawdaye wayf strayf infangthefe outfangthefe treasure trouie deodandes goodes and cattels of fellons and of persons cōdempned or outlawed of fellony or murther put in exigente for fellonye or murther and also wrecke de mer wharfage and customes of straungers as they haue had in time paste as thoughe such priuileges graunted vnto them by poynt of charter any thing in that acte to the contrary notwithstanding as in the said act of parliament more at large it may appeare And forasmuch as bishops and other ecclesiastical persons beynge lordes marchers hauing the like liberties casualties profittes and cōmodities within their iordshyps marchers and lordships royal with in the sayd dominion or principalitie of Wales were not prouided for by the expresse letter of the sayde statute in like sorte as the laye and temporall lordes marchers were but rather of purpose as it shoulde seme forgotten and lefte out of the sayde acte agaynste all reason and good equitie And forasmuch also as the heyres and successoures of the lay and temporal lordes marchers then beinge were not prouided for by the limitation and expresse wordes of the sayd acte as well as their auncesters predecessors were as reason wold thei shulde haue bene It may please your maiesties of your moost gratious fauoure and benignitie at the humble suit and supplication of youre sayde faythfull subiectes the lordes marchers that nowe are in the sayd dominion of Wales both spiritual and temporal to graunt that it maye by thassēt of the lordes spiritual and temporal and the commons in this present parliament assembled be ordeined established and enacted by thauctoritie of this present parliament that aswel your said spiritual and ecclesiastical subiectes lordes marchers now hauinge lordshippes marthers or lordships royal in Wales aforesayde and their successors and the successoures of euerye of them as also the heyres and successoures of the lordes temporall marchers that then were or nowe be and the heyres or successours of euery of them beyng or whiche hereafter shall belordes marchers within their lordships marchers and lorshyppes royal in the dominion or principalitie of Wales shall haue and enioye to them and to their heires successors respectiuely and seuerallye for euer the moytie half of euery forfeyture of al euery common mainprice recognisāce for the peace or apparaunce forfeyted by anye theyr tenantes inhabiting wtin any of their lordships marchers or lordships royal they to be payde the same moytie or halfe by the handes of the shyriffe of the countie for the time beyng after suche forme and sort as the sayd lay or temporal lordes marchers haue bene or oughte to haue bene payed the same by force of the sayde Statute And further shall haue all such mises profites of their tenauntes as the lordes marchers spirituall or temporall respectiuely or seuerallye had or vsed to haue at theyr fyrst entry into their landes in times past before the makyng of the sayd act or statute And also shall haue hold and kepe within the precinct of their sayd lordships al such courtes baron courtes lete and lawdayes and al and euery thing and thinges to the same courtes belonging and also shal haue within the precincte of theyr sayd seuerall lordshippes or lawdayes all suche waif straif in fang thefe outfang thefe treasure trouis deodamdes goodes and cattels of fellons and of persons condem●ned or outlawed of fellonye or murther put in exigent for fellony or murther and also al such wreck demer wharfage customes of straūgers as the lordes Marchers spyrytuall and temporall respectiuely and seuerallye had and vsed in tymes past before the makyng of the sayd statute ☞ An act for the continuaunce of certayne statutes Cap .xvi. WHer in the parliamēt begon holden at London the iii. daye of Nouember in the .xxi. yeare of the raigne of our most dread souerain lord of most famous memory king Henry theight from thence adiourned to Westm and there holden continued by diuers prorogations vnto the dissolution therof one act was made and established for the restraint of cariage conueying of horses mares out of this realme also one other act was there made for the true windinge of wolles and one other act was there made to restrain killing of wain linges bullocks stieres heifers being vnder thage of .ii. yeres which sayd seueral actes were then made to endure continue to the nexte parliament as by the said seuerall actes more playnly appeareth And wher also in the said parliament one other act was made established for attaintes to be sued for the punishment of periury vpon vntrue verdites which actes last before rehersed were then made and ordeined to cōtinue endure to the last day of the next parliamēt as by the same act more playnely at large is shewed may apeare And wher also in the parliament begon and holden at West theyght day of Iune in the xxviii yere of the raygne of our sayd most drad soueraigue lord kynge Henry the .viii. and ther continued kept vnto the dissolution thereof it was ordeined and enacted that al singuler the said actes aboue remembred euery of them should continue endure in their force and strength also be obserued kept vntyl the last day of the nexte parliament as by the same