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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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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
sanctuary and clergye And be it further enacted by thauctoritie aforsayd that yf the Egyptians and other persons commonly calling them selues Eyptians and euery of them now beyng within this realme of Eugland or Wales do not departe out of the same within .xx. dayes next after proclamation of this presente acte shal be made that then he or they which shall not departe within the sayd tyme accordyng to the true meanyng of this Acte shal forfeyt and lose all his and theyr goodes and cattels and that then it shal be lawfull to all 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 Lady the kyng the Quene and thother moytie therof to be the vse of hym or them that shal so sease the same And be it also enacted by thauctoritie aforesayd that yf the Egyptians and other persons commonly called Egyptians and euerye of them now beyng within this realme of Englande or Wales do not departe out and from the same within .xl. dayes next after proclamation shal be made of this acte that then he or they which shall not depart and auoyde within the sayd time of .xl. dayes accordyng to the true meaning of this acte shal be adiudged and deemed according to the lawes of this realme of England afellon and fellons and shall suffer therfore paynes of death losse of landes and goodes as in other cases of felony and shal be tryed as is before said and without hauing any benefite or priuelege of Saynttuary or clergye And be it further enacted by thauctoritie aforesayd that yf anye person after the fyrst day of Ianuarye next comming shall sue for the obteyninge of any lecence lettre or pasport for anye of the sayde persons called Egyptians to abide or continue within this reamle of Englande or Wales contrary to the tenour of this acte that then euery suche persone so suing shall forfeyt and loose for the same fortie poundes of lawefull money of England and that euery suche license lettre pasport shal be by vertue of this acte voyde to all intentes and purposes th one moytie of all which summes of money to be forfayted as is before sayde shal be to the Kyng and Queene our soueraygne Lord and Lady and thother moytie thereof to be hym or them that will sue for the same in any courte of recorde by accion of decte b●● plaint or information wherein any essoygne wager of lawe nor protection shal be admitted and allowed Prouided alwayes and be it enacted by thauctoritie aforesayde that this present acte nor any thinge therein conteyned shall not extende nor be hurtfull to any of the sayde persones commonly called Egyptians whiche within the sayde tyme of twenty dayes nexte after the sayde proclamation to be made as in before sayde shall leaue that noughty ydle and vngodly lyfe and companie and be placed in the seruice of some honeste and able inhabitaunte or inhabitauntes within this realme or that shal honestly exercise him selfe in some law full worde or occupation but that he or they so cōtinuing in seruice or other lawful worke or occupatiō shal duryng such tyme as he or they shall so continue be discharged of all paynes and forfeytures contayned in this acte Prouided also and be it enacted by the aucthoritie aforsayde that this acte shall not in any wise extende to any chylde or chyldren beyng not aboue the age of .xiii. yeares nor to any of the laid persones beyng nowe in prison so that he or they so being in prysone do depart out of thys realme within .xiiii. daies next after his or their diliuerie out of pryson nor shall extende to charge anyemaner of person or persons as accessary to any offence or offences conteined or specified in this estatute ¶ An acte to restrayne carriing of corne victuals and woodde ouer the sea ¶ The .v. Chapter WHere as sundry goode estatutes and lawes hath bene made within this realme in the tyme of the Queenes highnes most noble progenitors that none shuld trāsporte carye or conueye out of this realme into anye place in the parties beyond the seas any corne butter cheese or other victuall except only for the vitailyng of the towne of Caleys Hames Guysnes and the marches of the same vpon dyuerse great paynes and forfeytures in the same conteined that notwithstanding many and sondry couetous and vnsaciable persons sekyng their onely lucres and gaines hath and dayely doeth cary and conueigh innumerable quantitie aswel of corne chese butter and other victual as of wood out of this realme into the parties beyond the seas By reason whereof the sayd corne victual wood are growen vnto a wonderful dearth and extreame prices to the great detriment of the Common wealth of thys youre hyghnes realme and your faythfull subiectes of the same For remedie wherof it may please your highnes that it maye bee enacted and be it enacted by your highnesse by thassent of the lordes spiritual and temporall and the commons in this present parliamēt assembled and by thauctoritie of the same that no maner of person or persones after the .xx. day of Ianuary next comming shall cary and transport out of this realme by any Shippe Craier or other vessel whatsoeuer into any place in the parties beyond the seas or into the realme of Scotlande any wheat rie barley or other corne or graingrowing within this realme or any malte made wythin the same or any bere butter chese herring or wood except onely to and for the victualing and furniture of the townes of Calice Hames and Guisnes and to the towne of Berwike and the marches of the same with out sufficient and lawfull aucthoritie so to do vpon the paines penalties hereafter ensuing that is to saye thowner and owners of the sayd shyppes and other vessels to forfeyte the said shyppes crayers and other vessels with al their apparels to them and euery of them belonging wherein the sayd corne butter chese herring byctuall or wood shal be so transported and caried and the owners and owner of the sayd corne butter chese hearynge and woode to forfeyte the double value of the same so caried and conueyed and the mayster mareners of euery of the sayd shippes craiers and vessels for euery such offence to forfeyte all theyr goodes and to be imprisoned by the space of one whole yeare wythout bayle or maynpryse And be it further enacted by thauctoritie aforesayde that yf any person or persons after the sayd twenty day of Ianuary do cary and conueye awaye by Bote Crayer or other vessell or otherwise anye wheat rye barley malte or other corne or graine or any beare butter chese herring or wood to anye Shippe or Vessell beyng on the Seas or within any Hauen creke or other place of the border of this Realme to be transported caried and conueyed into any place in the parties beyond the Seas or into the realme of Scotland wythout
temporal in exciting of the people to the great peryll of all the Realme which preachers cited or summoned before the Ordinaries of the places there to aunswer of that wherof they be impeched wyll not obey to theyr summons and commaundementes nor care not for theyr monicions nor sensures of the hole churche but expressely despice them And more ouer by their subtyl and ingeneous wordes do drawe the people to here their Sermones and do maintayn them in their errours by stronge hand by greate coutes It is ordeined and assented in this presēt Parliament that the kinges commissions be made and directed to the Sheriffes and other ministers of our soueraygne Lorde the kyng or other sufficient persones learned and accordyng to the certificatiōs of the prelates therof to be made in the Chauncerie from tyme to tyme to arrest al such preachers and also theyr fautours mainteiners and abbettours and to holde them in arrest and strong pryson tyll they wiliustifie them according to the lawe and reason of holy Churche And the kyng wyll and commaundeth that the Chauncelloure make such comissions at all tymes that he by the prelates or any of them shal be certefied and therof requyred as is aforesayde ¶ The tenor of the seconde acte made in the seconde yeare of kynge Henry the .iiii. is as foloweth Cap. xv ITem wher as it is shewed to our soueraigne Lord the Kynge on the behalfe of the prelates and Cleargye of his realme of Englande in this present Parliamente that although the catholike faith builded vpon Christ and by his Apostles and the holy churche sufficientlye determined declared and approued hath bene hether to by good and holy and most noble progenitours of our soueraigne Lorde the kyng in the sayd Realme emongest all the realmes of the worlde moste deuoutly obserued and the Churche of Englande by his sayd most noble progenitours and auncestours to the honour of God and the whole realme aforesayde laudably endowed and in her rightes and liberties susteined without that that the same faith or the sayd Churche was hrute or greuously oppressed or els perturbed by any peruers doctrine or wicked heretical or erronious opinions yet neuerthelesse diuers false and peruerse people of a certayne new sect of the faithe of the Sacramentes of the Churche and the aucthoritie of the same damnably thinkyng and agaynst the lawe of God and of the church vsurpyng the office of preaching do peruersly and maliciously in diuers places within the sayd realme vnder the coloure of dissimuled holinesse preache and teache these daies opēly and preuely diuers new doctrines and wicked hereticall and erronious opimōs contrary to the same fayth and blessed determinations of the holye Churche And of such secte and wicked doctryne and opinions they make vnlawfull conuenticles and confederaties they hold and exercise scholes they make and wryte bokes thei do wickedly instructe infourme people and asmuche as they maye excite and stirre them to sedition and insurrection and maketh great strife and diuision emōge the people and other enormities horrible to be harde dayly doo perpetrate and commit in subuercion of the sayd catholike faith and do etryne of the holy churche in diminution of Gods honour and also in destruction of the estate rightes and liberties of the sayd churche of Englande by whiche secte and wicked and false preachynges doctrines and opinions of the sayd false and peruerse people not only most greatest peryll of the soules but also many more other hurtes slaunders and perilles which God prohibite might come to this realme onlesse it be the more plētifully and spedely holden by the kynges maiestie in this behalf namely where as the diocesans of the said realme cannot by their iurisdiction spiritual without aide of the sayde royall Maiestie sufficiently correct the sayde false and peruerse people nor refrayn theyr malice because the sayd false and peruerse people do go from Dioces to Dioces and wyl not appeare before the sayd Diocesans but the same Diocesans and their iurisdiction spiritual and the kayes of the churche with the censures of the same doo vtterly contempne and despise and so theyr wicked preachinges and doctrines dooeth from day to day continue and execise to the hatred of right and reason and vtter destruction ordre and good rule Vpon which nowelties and excesses aboue rehersed The Prelates and clergie aforsayde and also the commons of thesayde realme beyng in the same parliament praing our soueraine Lorde the king the his roial highnes woulde vouchsafe in the sayde parliamente to prouide a conneunient remedie the same our soueraigne Lordethe kyng gratiously conside ryng the premisses and also the laudable steppes of his sayd moste noble progenitours and auncesters for the conseruation of the sayd catholyke fayth and sustentation of Goddes honour and also the safegarde of the estate rightes and liberties of the sayd Churche of Englande to the laude of God and merite of our sayd soueraygne lorde the kynge and prosperitie honour of all his sayd realme and for the eschewing of suche dissentions diuisions hurtes slaunders and periles in tyme to come and that this wicked secte preachinges doctrines and opinions should from henceforth cease and be vtterlye destroied by thassent of the states other discrete men of the realme beyng in the sayd parliament hath graunted stablished and ordeined frō hence forth fermly to be obserued that none within the sayde realme or any other dominiōs subiectes to his roial maiestie presūe to preache openly or priuely without the licence of the Diocesan of the same place fyrst required and obteined curates in their owne churches persones he therto priuileged and other of the canon lawe graunted onely excepte Nor that none from henceforth anye thynge preache hold teache or instruct openly or priuely or make or write any boke contrary to the catholyke fayth or determination of the holy church nor of suche sect and wicked doctrines and opinions shal make anye conuenticles or in any wyse hold or exercise Scholes And also that none from henceforth in anye wise fauoure suche preacher or maker of anye suche lyke conuenticles or holdyng or exercsynge scholes or makyng or writing such bookes or so teachynge infourminge or exciting the people nor any of the in maintain or in any wise susteine And that all and singuler hauyng suche bookes or any wrytinges of such wicked doctrine and opinions shall really with effect deliuer or cause to be deliuered all such bokes writinges to the Diocesan of the same place within .xl. dayes from the tyme of the proclamatiō of this ordinaunce statute And if any person or persons of whatsoeuer kynde estate or condition that he or they be frō henceforth do or accēpt against the royall ordinaunce statute aforesaide in the premisses or in any of thē or suche bokes in the fourme aforesayd do not deliuer then the diocesan of the same place in his dioces suche person or persōes in this be balfe defamed or euidently suspected
eueri of thē may by the aucthoritie of the sayd ordinarie and Statute cause to be arrested and vnder saufe custody in his prisones to be deteined til he or they of the articles layed to hym or them in this behalfe do canonically purge him or them selfe or els such wicked secte preachynges doctrynes and heretical and erronious opiniōs do abiure according as the lawes of the churche doth require so that the sayd diocesan by him self or his commissaries do openly and iudicially procede against such persones so arrested and remayning vnder his sause custody to all effecte of the lawe and determin that same businesse according to the Canonicall decrees wythin three monethes after the sayd arrest any laweful impedimēt ceassing And yf any person in any case aboue expressed be before the diocesan of that place or his commissaries canonically conuicte then the same diocesan may do to be kept in his prison the sayd person so conuicte for the maner of his defaut and after the qualitie of the offence according and as long as to his discretion shal seme expediente and moreouer to put the same person to the secular court except in cases where he according to the canonical decret ought to be left to pay to our soueraygne lord the kyng his pecunier fine according as the same fine shall seme competent to the diocesan for the maner and qualitie of the offence in whiche case the same diocesan shal be bound to certifye the kynge of the same fine in his eschecker by his Lettre Patentes sealed with his seale to the effect that such fine by the kynges aucthoritie maye bee required and leuied to his vse of the goodes of the same person so conuict And if any persō within the sayd realme and dominions vpon the sayd wycked preachynges doctrynes opinions schooles and heretical and erronious informations or any of them be before the diocesan of the same place or his commissaries sencencially conuicte the same wicked sect preachinges doctrines and opinions scholes informations doe refuse duely to abiure or by the diocesan of the same place or his commissaries after the abiuration made by the same person pronounced fal in to relapse so that according to the holy canons he ought to be left to the seculer court whervpon credence shal be geuen to the diocesan of the same place or to his comissaries in thys behalfe then the sheriffe of the countie of the same place and Maior and sheriffes or sheriffe or Maior and Bayliffes of the citie towne and borough of the same countie next to the same diocesan or the sayde Commyssaryes shal be personally present in preferring of such sentences when they by the same diocesan or his commissaries shal be required they the same persones and euery of them after suche sentence promulgate shall receaue and them before the people in an high place dooe to be brent that suche punyshment maye strike in feare to the myndes of other wherby no such wicked doctrine and hereticail and erronious opinions nor their abbettours and fautours in the sayd realme do minions agaynst the catholike fayth christen lawe and determinatiō of the holy church which God prohibite be susteyned or in any wyse suffered in which al and singuler the premisses concerning the sayde ordinaunce and statute the sheriffes maiors and baylyffes of the said counties cities boroughes and townes shal be attending ayding supporting to the sayde diocesans and their commissaries ¶ The tenor of the third Acte made in the seconde yeare of kyng Henry the fyft is as foloweth Cap. vii ITem forasmuche as great rumours congregations in surrections here in the realme of England by dyuerse of the kinges liege people as wel by them whiche were of the sect of heresies commonly called lollardrie as by other of their confederacie excitation abbetment nowe of late were made to the intent to adnull destroye and subuerte the christen faythe and the lawe of God and holy churche within thys same realme of England also to destroye the same our soueraygne lorde the kyng all other maner of estates of the same realme of Englande as wel spirituall as temporall and also all maner of policie and finally the lawes of the lande The same our soueraygne lord the kyng to the honour of god and in cōseruation fortification of the christen fayth and also in saluation of his royall estate and of the estate of al his realme willing agaynst the malice of such heretikes and lollardes to prouide a more open remedy and punishment then hath bene had and vsed in the case heretofore so that for feare of the same lawes and punyshmente such heristes and lollardries may the rather cease in tyme to come by the aduise and assent aforesaid and at the prayer of the sayd cōmons hath ordeyned and stablished that fyrst the chaunceler treasurer Iustices of the one bench and of the other Iustices of peace sheriffes maiors and baylyffes of cities and townes and al other officers hauing gouernaunce of people which nowe be or hereafter for the tyme shal be shal make an othe in takyng of their charges and occupations to put their whole power diligence to put out and do to be put out cease destroye al maner of heresies and errours cōmonly called lollardries within the places where they exercise their offices occupatiōs frō tyme to tyme with all their power that they assiste the ordinaries and their cōmissaries them fauour maintayne as often as they or any of them to that shal be required by the same ordinaries or their cōmissaries so that when the said officers ministers trauayle or ride to arrest any lollard or to make assistence at the instaunce request of the ordinaries or their cōmissaries bi vertne of this statute that the same ordinaries cōmissaries shall pay for their costes reasonablye And that the kynges seruices to the whych the same officers be first sworne be preferred before all other statutes for the libertie of holy church the ministers of the same and in especiall for the correction punishment of the heretikes and lollardes before this time made and not repelled being in their force And also that al persons cōuict of heresie of what estate condition or degre that they be by the said ordinaries or other cōmissaries left to the seculer power according to the lawes of holye churche shal loose and forfayt al theyr landes and tenementes which they haue in fee symple in the maner as foloweth that is to saye that the king haue all the landes tenementes which the sayd conuictes haue in fee simple holden of him immediatly as forfayte that the other lordes of whome the landes tenementes of such conuictes be bolden immediatly after that the kyng is so seaced aunswered of the yeare the day and the wast haue liuery out of the kynges handes of the landes tenemētes aforesaid of thē so holden as it hath
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
educacion gouernement of suche issue or issues beynge Kynge or Quene of this realme accordynge to the ordre and prouision aforesaied maliciously aduisedly and derectly by writing printing ouerte dede or acte dooe compasse attempte and go aboute to destroye the persone of our saied soueraigne lorde or to depriue or remoue his saied highnesse from the order rule educacion and gouernemente of the same issue or issues beynge Kyng or Quene of this realme contrary to the tenour entente and true meaning of this present acte that then euery suche person or persones so offendynge their procurers and abettours beeyng therof lawfully conuicte or attainted by the lawes of this realme shal bee demed and adiuged high Traitours And that all and euery suche offence and offences shal be demed and adiuged hyghe treason And the offendour and offendours therein their procurers counsaylours and abettours shall incurre the daungers forfaytures and penalties of hygh treason And be it further enacted by thauctoritie afore sayd that al trials hereafter to be had awarded or made for any treason shal be had vsed onely according to the due order and course of the cōmon lawes of this realme and not otherwyse Sauyng to euery persōe and persones bodyes polytyke and corporate theirheyres and successoures other then the offendours and their heyres and such persone persones as clayme to anye of their vses al suche rightes titles interesses possessions leasses rentes reuertions offices and other profites whiche they or anye of them shall haue at the daye of the commiting suche treasons or at any tyme afore in as large and ample maner as if this acte had neuer bene had nor made Prouided alwayes and be it declared and enacted by thaucthoritie aforesayd that conceylement or kepyng secrete of any hygh treason be demed and taken onely misprision of treason the offenders therein to forfayte and suffer as in cases of misprision of treason hath heretofore bene vsed Any thing aboue mencioned to the contrarynotwithstanding Prouided also that if it shall fortune hereafter any of the peares of this realme to be indicted of any of the offences made treason or misprision of treason by this acte that then the same peares or peare so beynge indected shal be putte to aunswere vnto euery suche endictement before the highe stewarde of Englande for the tyme beyng and to haue his and their triall by his and theyr peares and to receaue and haue such like iudgement vpon thesame tryal of his or their peares or making open confession of the same offence or offences as is vsed in other cases of hygh treason And it is further enacted by thauctoritie aforesayde that no persone or persones shall in any wyse be impeched for any of the offences aboue sayde committed onely by open preachyng or wordes onlesse the offēder or offēders be therof indectedwithin syxe monethes next after the same open preachyng or wordes Anye thyng conteyned in this acte to the contrary notwithstandyng Prouided alwayes and be it enacted by thaucthoritie aforesayde that vpon thearraygnement of any persone which hereafter shal for tune to be arraygned for any treason mentioned in this acte all and euery suche person persones or two of thē at the least as shal hereafter wryte declare confesse or depose any thyng or thnges against the person to be arrayned shall if they be then lyuing and within the realme be brought forth in person before the partie arraygned if he requyre the same and obiecte and saye openly in his hearyng what they or any of them can agaynst him for or concernyng any the treasons contained in the indictement where vpon the partie shal be so arraigned onlesse the partie arraygned for any such treason shall willyngly confesse the same at the tyme of his or their arraygnement Prouided neuerthelesse and be it enacted by thauctoritie afore said that in all cases of high treason concernyng coyne curraunt within this realme or for counterfeyting the Kyng or Queenes signet prynie seale great seale or signe manuell suche maner of triall and 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 thinges to the contrary notwithstanding Prouided alwaies that the councellours procurers comforters and abbettours for his or their first offence shal suffer like punishmēt penaltie and forfayture as is conteyned in this acte against the principall offendours for theyr first offence and none other And that the counsellours procurers comforters and abbettours for his or their seconde offence shall sustayne lyke punyshment penaltie forfaiture as is conteyned in this acte agaynst the principall offendour or offendours for their second offence and none other ¶ An Acte for the punishment of bringing in of counterfeyte coyne of forrayne realmes being curraunt within this realme ¶ The .xi. Chapiter WHere diuerse and sondrye coynes of golde and syluer 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 queene our Soueraigne Lord and Lady be curraunt in payment within this realine many yl disposed persones for their owne corrupte lucre aduaūtage haue nowe of late brought into this realme from the parties of beyonde the sea great quantitie of forged coūterfeyte money lyke to the sayd coyne of other forreyne realmes and haue vttered the same here by marchaundysing and otherwyse to diuerse of the subiectes of this realme to their great deceyte hurte and dammage because the sayde yll disposed persones haue perceaued and vnderstanded that there was not nor yet is anye sufficiente lawe or statute made or prouided for the condigne punishment of the offendours in that behalfe Wherfore be it enacted and established by the aucthoritie of thys presente Parliamente that yf anye persone or persones after the xx daye of Ianuary nexte commynge shallbryng from the partyes of beyond the sea into this realme or into anye the dominions of the same any such false and counterfeyt coyne or money beyng curraunt within this realme as is aforesayde knowyng the same coyne or money to be false and counterfeyte to thintent to vtter or make paymēt with the same within this realme or any the dominions of the same by marchaundysing or otherwise that all and euery suche person or persons so offendyng as is aforesayde their counsaylours procurours aydours and abbettors in that behalfe shal be demed and iudged to be offendours in highe treason and shall suffer after lawefull conuiction or atteynder therof suche paynes of death losse and forfaiture of landes goodes and cattelles as other offendours shall do in cases of highe treason And be it further enacted by the aucthoritie aforesayd that al and euery person and persones that shall at any tyme after the sayde .xx. day of Ianuary be accused or impeched of any of the offences conteined and prouided for in this estatute or of any other offence or offences concernyng the impayryng counterfeytyng or forgyng of anye coyne
for a declaration of our repentaunce to repeale and aborgate such actes and Statutes as had bene made in parliament synce the sayd .xx. yeare of the sayde kynge Henry theyght agaynst the supremacy of the Sea Apostolike as in oure submission exhibited to the sayde moste reuerende father in God by your maiesties appeareth The tenor wherof ensueth We the Lordes spirituall and temporall and the commons assembled in this present parliament representynge the whole body of the realme of Englande and the dominions of the same in the name of our selues perticulerlye and also of the sayde body vniuersally in this our supplication directed to your maiesties with moost humbly suit that it may by your graces intercessiō and meane be exhibited to the mooste reuerend father in God the Lorde Cardinall Poole legate sent speciallye hyther from our mooste holye father Pope Iulye the thyrd and the Sea Apostolike of Rome do declare our selues very sorye and repentaunte of the scisme and disobedience committed in this realme and dominiōs aforesayd agaynst the sayd Sea Apostolike eyther by makyng agreing or execting any lawes ordinaunces or commaundementes agaynst the supremacy of the said Sea or other wyse doyng or speakyng that myght impugne the same offerynge our selues and promisyng by this our supplication that for a token knoweledge of our sayd repentaunce we be and shal be alwayes ready vnder and with thauctorities of our miaesties to the vttermooste of our powers to do that shall lye in vs for the abrogation and repealynge of the sayde lawes and ordinances in this present parliament aswell for our selues as for the whole bodye whome we represente where vpon we moost humbly desyre your maiesties as personages vndefiled in th offence of hys body towardes the sayde Sea whiche neuerthelesse God by his prouydence hath made subiect to you so to set forth this our mooste humble suite that we maye obtayne frō the Sea Apostolyke by the sayde moost reuerend father aswell perticulerlye as generally absolution release and discharge from all daunger of suche censures and sentences as by the lawes of the churche we be fallen into And that we maye as children repentaunt be receyued in the bosome and vnytye of Christes churche so as this noble realme with all the members therof maye in this vnitie and perfect obedience to the Sea Apostolike and Popes for the tyme beynge serue God and your maiesties to the furtheraunce and aduauncemēt of his honour and glory We are at the intercession of your maiesties by thaucthoritie of our holy father Pope Iuly the thyrde and of the Sea Apostolike assoyled discharged and deliuered from excommunication interdictions and other censures Ecclesiasticall which hath hanged ouer our heades for our sayde defaultes synce the tyme of the sayd scisme mentioned in our supplication The whiche tyme the sayd Lorde Legate and we do al declare recognise and meane by this acte to be onely synce the .xx. yeare of the raygne of our most noble father Kyng Henry theyght It maye nowe lyke your maiesties that for the accomplyshment of our promisse made in the sayde supplication that is to repeale al lawes and Statutes made contrary to the sayde supre macye and Sea Apostolyke durynge the sayde scisme the whiche is to be vnderstand synce the .xx. yeare of the reigne of the sayde late kyng Henry theyght and so the sayde lorde Legate doth accepte and recognise the same Wherein the pacliament begonne and holden at Westminster in the .xxi. yeare of the raygne of the late Kyng of moost famous memorye kynge Henry theight one acte was then and there made agaynst pluralities of benefices for takynge of farmes by spirituall men and for none residence in the which acte amongest other thinges it was ordeyned and enacted that yf any person or persones at any tyme after the fyrst day of Apryll in the yeare of our Lord God a thousand fyue hundred and thyrtie contrary to the same acte should procure and obtayne at the court of Rome or elles where any licence or lycences vnion tolleration or dispensation to receaue and take anye more benefices with cure then was limitted and appoynted by the same acte or elles at any tyme after the sayde daye shoulde put in execution any such licence tolleration or dispensation before that tyme obteyned contrary to the sayde Acte that then euery suche person or persones so after the sayd daye suinge for hym selfe or receauyng takyng such benefice by force of such licence or lycences vnione tolleration or dispensation that is to say the same prrson or personnes onely and no nother shoulde for euery such default incurre the daūger payne and penaltite of .xx. li. sterl and shoulde also loose the hole profytes of euery suche benefice or benefices as he receaueth or taketh by force of any such licence or licences vnion tolleration or dispensation And where also in the sayde Acte it was ordeyned and enacted that yf any person or persones dyd procure or obtayne at the Courte of Rome or ells where any maner of lycence or dispensatiō to be none residence at their dignities prebende or benefices cōtrari to the sayde Acte that then euery such person or persons puttynge in execution any such dispensation or licence for hym selfe from the sayd first day of Apryll in the sayde yeare of our Lorde God a M. fiue hundred and thyrtie should runne and encurre in the penaltye damage and payne of .xx. li. ster for euery tyme so doyng to the for fayted and recouered as by the sayde Acte is declared And yet such licence or dispensation so procured or to be put in execution to bee voyde and of none effect as by the same acte more playnely it doth and may appeare Be it enacted by thaucthoritie of this present parliament that as muche onely of the sayd Acte as concerneth the articles and clauses aforesayd and al and euery the wordes and sentences contayned in the sayd Acte concernyng the sayd articles and clauses and euerye of them shall from henceforth be repealed adnulled reuoked adnichilated and vtterly made voyde for euer Any thyng in the sayde acte to the contrary in any wise notwithstanding And where also at the session of the same parliament holden vpon prorogation in the .xxiii. yeare of the reigne of the sayde late kynge Henry theyght one act entituled the acte that no person shal be cited out of the diocesse where he or she dwelleth except in certayne caces And where also at the sayd parliament in the session holden at Westminster vpon prorogation in the .xxiiii. yeare of the raigne of the sayd late kyng Henry theyght one act was made that appeales in suche cases as hath bene vsed to be pursued to the sea of Rome shoulde not from henceforth be had nor vsed but within this realme And where also at the sayd parliament holden at Westminster in the .xxi. year of the raygne of the sayde late kynge Henry the eyght and there continued by diuers prorogations vntyll the .xiiii. daye
protection inuencion or forren I le shal be allowed And in case it shall fortune hereafter that any of the said russels sattens sattens reuerses fustian of Norwich shall lacke of such lēg thes bredes or of the true ensuing making or sorting of the yarne as shal be appoynted set furth by the sayd rules ordinaunces and the same so to be found defectiue by verdicte of twelue men of the sayd feloshyp before the sayd Maior wardeins their successors That then the said russels sattens sattens reuerses fustians of Naples euery of them so found defectiue to be cutte in two peeces to paye such fine or fines as shal be offered affered by the said twelue expert men by vertue of their othes the one moitie of which fine or fines to be to the Maior of the sayd cicie for the tyme being to his sucressours and thother moytie to the wardeynes of the sayd felowshype for the tyme beynge and to their successours Prouided alwayes and be it further enacted by thauctoritie aforesayd that yf any wardeyne or wardeynes for the time being of the said mistery or occupation of makyng of russels sattens sattens reuerses fustian of Naples shall at any time hereafter seale or cause to be sealed any russels sattens sattens reuerses or fustians of Naples that shal not be well sufficient and truly wrought and made according to the true intent and meanyng of this present act shall forfeyte loose for euery peece so sealed being not wel sufficient and truly wrought and made the whole value of euery such pece so sealed th one halfe of whiche forfaytures to be to the kyng and Queenes maiesties her heires and successours and thother moytie therof to be to such person persons as shall sue for the same by bill action or information in anye of the kynges courtes of recorde in which bil action or information no essoygne prorection or wager of lawe shal be allowed ¶ An acte to confirme the liberties of the Lord Marchers in Wales ¶ The .xv. Chapter HVmbly besechen your excellent maiesties your true faythful Subiectes the Lordes marchers both spirituall and temporal within your hyghnesse dominiō of wales that where as in a parliament holden at West the .xxvii. yeare of the reygne of king Henry theight father vnto you our naturall Soueraigne Ladye amonges other thynges one act was made established for lawes and iustice to be ministred in the sayd dominion of wales in lyke forme as it is in this realme of Englande in the which acte one article is that for that the lordes Marchers before that perliament had vsed to put their tenauntes within their lordshippes Marchers vnder common main pryce suertie of apparaunce and haue had the forfeytures thereof which for euer from after the feast of all sayntes then next ensuing the said parliament should vtterly cease and be determined It was enacted that after the said feast of all sayntes euery lay temporall person then beyng a lorde marcher should haue the moytie or halfe of euery forfeyture of al and euery common mainprice recognisauce for the peace or apparance sorfeited by any of their tenauntes inhabitīg within any of theyr lordships Marchers and they to be paied the same moytie or halfe by the handes of the shryffe of euery of the counties where such forfeyture shal be yf the shiriffe can leuie the same and the same shyryffe to accompt to our sayde late Soueraygne lord the kyng for the other halfe or moitie in such excheaker as they be accomtant And further it was enacted by thaucthoritie aforesayd that all and euery lay temporal person or persons then being lordes marchers and hauing any lordshipes marchers or lordshipes royals shuld frō and after the sayd feast of al saintes haue al such myses and profytes of theyr tenantes as they haue had or vsed to haue at the fyrst entry into their landes in times past And also shuld haue hold kepe with in the precinct of their lordshyppes courres baron courtes lete and lawdayes and al and euery thing to the sayd courtes belonging and also shuld haue within the precinct of theyr said lordships or lawdaye wayf strayf infangechefe outfangethefe treasure trouie deodandes goodes and cattels of fellons of persons condempned or outlawed offellony or murther put in exigent for fellony or murther and also wrecke demer wharfage and customes of straungers as they haue had in tyme past as though such priuileges were graunted vnto thē by poynt of charter any thyng in that acte to the contrary notwithstanding as in the sayd act of parliament more at large it may appeare And forasmuch as Byshops and other ecclesiastical persons beyng lordes marchers hauing the lyke liberties casualties profittes cōmodities within theyr lordships marchers and lordships royal with in the said dominion or principalitie of Wales were not prouided for by the expresse letter of the sayd Statute in like sorte as the lay and temporall lordes marchers were but rather of purpose as it should seme forgotten and left out of the sayde Acte agaynst all reason and good equitie And forasmuch also as the heires andsuccessours of the lay temporal lordes marchers then beyng were not prouided for by the limitation and expresse wordes of the sayd act aswel as theyr auncesters predecessers were as reason wold they shuld haue ben It may please your maiesties of your moste gratious fauoureand benignitie at the humble suit and supplication of your sayd faythful subiectes the lordes marchers that now are in the sayd dommion of Wales both spiritual and temporal to graunt that it may by thassēt of the lordes spiritual and temporal and the commons in this present parliament assembled be ordeyned established and enacted by thaucthoritie of this present parliament that aswel your said spiritual ecclesiastical subiectes lordes marchers now hauing lordshippes marchers or lorshyps royall in Wales aforesaid and theyr successours the successours of euery of them as also the heyres and successoures of the lordes temporal marchers that then were or nowe be and the heyres and successours of euery of them being or which herafter shal be lordes marchers within theyr lordships marchers and lordships royals in the dominion or principalitie of Wales shal haue and enioy to them to theyr heires successers respectiuely and seuerally for euer the moyty half of euery forfayture of al euery cōmon mainprice recognifāce for the peace or apparance forfeyted by any of their tenātes inhabiting within any of theyr lorships marchers or lorships royal they to be payed the same moyty or halfe by the hands of the shyryffe of the countie for the time being after such fourme forte as the sayd lay or temporal lordes marchers haue ben or ought to haue ben payed the same by force of the sayde Statute And further shall haue al such mises profits of theyr tenauntes as the lordes marchers spirituall or temporall