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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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tenementes shall continue for and durynge the space of .xx. yeares nexte and immediatelye folowinge and no lenger And forasmuche as we your maiesties humble and obedient subiectes the lordes spirituall and temporall and commons in this present Parliament assembled neither by the makyng or deliueryng of either the supplications aforesayde nor by anye clause article or sentence therof or of any other clause article or sentence of this or anye other Statute or any of the preambles of the same made or agreed vpon in this session of this present parliament by any maner of interpretation construction implication or otherwise intende to derogate empaire or diminishe any of the prerogatiues liberties fraunchisies preheminences or iurisdictions of youre Croune Imperiall of thys realme and other the dominions to the same belongyng we do most humbly beseche your maiesties that it may bee declared and ordeyned and be it enacted and declared by aucthoritie of this present parliament that neither the makyng exhibityng or insertinge in thys present statute or in the preambles of the same of the supplications or promis aforesayd or either of them nor any other thinge or thynges wordes sentences clauses or articles in the preambles or body of the actes aforesayd shal be construed vnderstanded or expounded to derogate diminishe or take awaye any the liberties priuileges prerogatiues preheminences aucthorities or iurisdictions or any part or parcell therof which were in your Imperial croune of this realme or dyd belong to your sayd Imperiall croune the twenti yeare of the reigne of yours the Queenes maiesties most noble father or any other your most noble progenitours before the sayd twētie yere And the Popes holinesse and Sea Apostolike to be restored and to haue and enioye such aucthoritie preheminence and iurisdiction as hys holinesse vsed and exercised or might lawfully haue vsed and exercised by aucthoritie of his supremacie the said twētie yere of the reigne of the Kynge your father within this your realme of Englande and other your Dominions without diminution or enlargement of the same and none other And the Ecclesiasticall iurisdiction of the Archebishoppes Bishoppes and Ordinaries to be in the same state for processe of suites punishmente of crimes and execution of censures of the churche with knowledge of causes belonging to the same and as large in these poyntes as the sayd iurisdiction was the sayde .xx. yeare Prouided alwayes and be it enacted by thaucthoritie aforesayde that in and vpon euery such gyftes and deuyses to be made to suche spirituall corporacions or persons as is aforesayde the donour feoffer or deuisor therof may reserue to hym and to his heires for euer a tenure in franke almayne or a tenure by diuyne seruice And to haue all remedies and actions for and vpon the sayde gyftes or deuyses and tenures in lyke maner forme as was vsed before the estatute of Westminster thyrde commonlye called Quia emptores terrarum The sayde estatute or any other lawe or custome nowe beyng to the contrary in any wise notwithstanding Prouided alwayes and be it enacted that all and euery persone persones and bodyes polytyke and corporate whiche nowe haue or hereafter shall haue any estate of inheritaunce freholde terme or intrest of in or to any portion pention tithes gleblandes or other ecclesiasticall or spirituall profytte whyche by this acte and lettres of dipensation rehearsed in the same be permytted suffred to remaine and continue in laye mens possessions shall maye haue like remedie for the recouery of the same and euery parte therof as they and euery of them myght haue had before the fyrste day of this present Parliament Any thing in this act conteyned to the contrary in any wyse notwithstandyng ¶ An Acte for the punyshment of traiterous wordes against the Queenes maiestie ¶ The .ix. Chapiter EOrasmuch as nowe of late diuerse noughty sedicious malicious heretical persons not hauing the feare of god before their eyes but in a deuillyshe sort cōtrary to the duetie of their allegiaunce haue cōgregated thē selues together in cōuenticles in diuerse sondry prophaue places within this citie of Lōdon esteming thē selfes to be in the true faith where in dede they are in errours heresies out of the true trade of Christes catholike religion and in the same places at seuerall tymes vsyng theyr phantasticall and scismaticall seruices lately taken awaye and abolyshed by aucthoritie of Parliament haue of theyr most malycious cankerde stomakes prayed agaynst the Queenes maiestie that God would turne her hert from Idolatry to the true fayth or ells to shortene her dayes or take her quickely out of the way which prayer was neuer hearde nor redde to haue bene vsed by anye good Christian manne agaynste anye Prince though he were a pagan and infidele and much lesse agaynst any christian Prince and especially so vertuous a Princes as our soueraygne Lady that nowe is knowen to be whose faith is and alwayes hath bene most true and catholique and consonaunt and agreing with Christes catholique church throughout the worlde dispersed For reformation wherof be it enacted by thauctoritie of this present parliament that euery such person and persons which sence the beginning of this present parliament haue by expresse wordes and sayinges prayed required or desyred as is aforesayde or hereafter shall pray by expresse wordes or sayinges that God shoulde shorten her dayes or take her out of the way whose lyfe almighty God long preserue or any suche lyke malicious prayer amounting to the same effect their procurers and abbettours therin shal be taken reputed and iudged traytours and euery such praying requiringe or desirynge shal be iudged taken and reputed hygh treason and the offendours therin their procurers and abbettours beyng thereof laufully conuicte according to the lawes of this realme shall haue suffre and forteyte as in cases of high treason ¶ Prouided alway and be it enacted that yf any person or persones shall be indicted for any the offences aforesayd done and perpetrated duryng this session of this present parliament and vpon his or their arreignement shal shew him or them selues penitent for their offēce and submite hym or them selues to the kynge and Queenes mercy and humbly desyre the same before suche Iustices or commissioners before whome he or they shal be arraigned that then no iudgemente of conuiction or attayndour of treason shal be gyuen agaynst any such person or persons so being penitent and submitting them selues as is aforesayde And in euery suche case the iustices or commissioners before whom suche person or persons shal be arrayned shall haue auctoritie by vertue of this acte to prescribe adiudge and appoynte suche corporall punishment other then death to suche offender and offenders as to them by their discretion shall seme conuenient and vpon that penaunce prescribed and done to be discharged of the said treason comprised in that inditement ¶ An acte wherby certayne offences be made treasons and also for the gouernement of the kynges and queenes
further that Iustices of the peace in euery Shire citie and towne corporate within the limittes of their seueral commissions shall by aucthoritie of this present Acte haue ful power to examine heare and determine the causes abouesayd in the sayde two fyrst Actes specified and to put the sayd two fyrst statutes and euery braunch in them conteyned in due execution that from hen●eforth condigne punishment be not defarred from such offendour● And forasmuch as dyuerse and sondrye malicious and euill disposed persons maliciously sediciousiye rebelliouslye and vnnaturally contrary to the duitie of their fidilities and allegiaunces haue nowe of late not onely ymagined inuented pratized spoken and spredde abroad diuerse and sondry false seditions and slaunderous newes rumors sayinges and tales agaynste our mooste dreade Soueraygne Lord and Kyng and agaynst our most naturall Soueraygne Ladye and Queene and agaynst eyther of them of whom we are forbidden to thinke euyll and much more to speake euyll which offience soundeth and is as well to the great dishonour reproche and sclaunder of their moste exellent maiesties as also to the great sclaunder of this their realme and other their dominions but also haue deuised made writen prynted published and set forth diuerie haynous sedicious and slaunderous writinges rymes ballades letters papers and bookes intending and practising therby to moue and stirre sedicions discord discention rebellion within this realme to the great peryll and daunger of the same For auoydynge wherof be it enacted by thaucthoritie of this present Parliament that yf any person or persons after the .xx. daye of February next ensuyng and after open Proclamacion made of this Acte shall maliciously of his or theyr ymagination speake anye false sedicious slaūderous newes rumors sayinges or tales of our sayd Soueraigne Lord King or of our sayd most natural Soueraigne Lady Quene that thē al euery such person and persones so offendyng beyng therof conuicted or attaynted in forme hereafter in this Acte exprssed shall for euerye fyrste offence in some markette place within the shyre Citie or Borough where or neare vnto the place where the sayde wordes were or shal be so spoken be set openly vpon the pylory by the Sheriffe or his ministers if it shal fortune to be with out any citie or towne corporate And if it happen to be within suche citie or towne corporate thē by the principal officer or officers of such citie or towne corporate or his or they re ministers and there to haue bothe his eares cutte of onlesse he paye one hundreth poundes to the King and Quenes highnes vse within one moneth next after iudgement geuen of his sayde offence and also shall suffer imprisōment by the space of three monethes after suche his or theyr execution And it is like wise enacted by thaucthoritie aforesayde that al and euery person persones which after the sayd daye and after Proclamacion made of this Acte shall maliciously speake any false sedicious and slaunderous newes rumers or tales to the sclaunder and reproche of our sayd Soueraygne Lorde the Kynge or of our sayde mooste naturall Soueraygne Lady the Queene of the speakynge or reportyng of any other that then all and euery suche person or persons so speakyng and reportyng being therof conuicte or atteynted in forme hereafter in this acte expressed shall for euery suche offence in some market place within the shire citie borough or towne where or neare vnto the place where the sayd wordes were or shal be so spoken reported be set openly vpon the pillory by the shiriffe or his ministers yf it shalfortune to be with out any citie or towne corporat And yf it shall happē to be within suche citie or towne corporate then by the principall officer or officers of such citie or towne corporate or his or their ministers and ther to haue one of his eares cut of onlesse he pay one hundred markes to the kinges Queenes highnes vse within one moneth next after iudgement geuen of his sayde offence and also shall suffer imprisōment by the space of one moneth after his or their executyon And be it further enacted by thauthritie aforesayde that yf anye person or persones shall after the sayde day and after Proclamation made as is aforesayde maliciously deuise wryt print or set forth any maner of booke ryme ballade lettre or wrytyug conteynynge anye false matter clause or sentence of sclaunder reproche and dishonoure of the king Quenes maiesties or of eyther of them or to the encouragyng sturryng or mouyng of anye insurrection or rebellion within this realme or any the dominions belonging to the same Or whosoeuer shall maliciouslye procure anye suche booke ryme ballade letter or writing to be writen prynted or set forth and the sayd offence not being punishable by the Statute made in the .xxv. year of the raygne of king Edward the third concerning treasons or declaration of treason that then and in euerye such case the offender and offenders ther in after hys or their conuiction or attaynder shall for his or theyr first offence in some market place within the shire citie or borough where the sayd offence is or shal be committed or done by the sheriffe or hys ministers yf it shall fortune to be wythoute anye citie or towne corporate and yf within suche citie or towne corporate then by the principal officer or officers of such citie or town corporate or by his or their ministers haue his and their right hande stryken of And be it further enacted by thaucthoritie aforesayde that yf anye person or persons being once lawfullye conuicted of any of thoffences aforesayde nowe prouided to be punished by the execution of losses of eare eares or hande as is aforesayd do afterwardes eftsones offend in anye of thoffences aforesayde that then he or they so offendynge shall suffer imprisonment durynge hys or theyr lyues without bayle or maynprise and forfeyte loose to the king and Queenes maiesties al his and their goodes and cattelles And it is also enacted by thaucthoritie aforesayde that Iustices of oyer determiner within the limittes of their commission Iustices of assise in their seuerall circuites Iustices of gaole deliuery and Iustices of peace as well within the liberties as without within the limittes of their seuerall commissions in their general sessions or other sessions which they or two of them whereof one of them to be of the Quorum maye and shall appoynte at their pleasure where and when nede shal require shal by vertue hereof haue full power and aucthoritie to enquire heare and determine all and euery thoffences aforesayd as in cases and triall of felonye And that the partie indicted and arrayned shal haue aduauntage of all maner of chalenges to the Iurye peremptorye chalenge only excepte as in triall of felonye And also that euerye Iustice of peace within the limittes of his commission shal haue ful power and aucthoritie to committe anye person being vehementlye suspected of any of the sayd
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