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A23017 Anno quinto reginæ Elizabethe. At the parliament holden at Wesmynster the .xii. of Ianuary, in the fyfth yere of the raigne of our soueraigne lady, Elizabeth by the grace of god, of England, Fraunce, and Irelande, quene, defendour of the the fayth. [et]c. To the hygh pleasure of almyghtye God, and the weale publique of this realme, were enacted as foloweth; Laws, etc. England and Wales. 1564 (1564) STC 9464.5; ESTC S113166 167,827 188

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person or persons as had hath or hereafter shall haue any office or ministery in any Ecclesiasticall Court of this Realme vnder any Archbishoppe or Bishoppe in any the tymes or reignes aforesayde or such person or persons as shall wylfully refuse to obserue the orders rites for diuine seruice that be aucthorised to be vsed obserued in the Church of England after that he or they shal be publikely by the Ordinary or some of his officers for ecclesiasticall causes admonished to kepe and obserue the same or such as shall openly aduisedly depraue by wordes writinges or any other open facte any of the Rites Ceremonies at any tyme vsed aucthorised to be vsed in the Church of Englande or that shal say or heare the priuate Masse prohibited by the lawes of this Realme and that all such persons shal be compellable to take the othe vpon the seconde tender or offer of the same and incurre the penalties for not takyng of the sayde othe and none other AND forasmuch as it is doubtfull whether by the lawes of this Realme there be any punishment for suche as kyll or slea any person or persons attainted in or vpon a premunire Be it therefore enacted by aucthoritie aforesaid that it shall not be lawfull to any person or persons to slea or kyll any person or persons in any maner attaynted or hereafter to be attaynted of in or vpon any premunire by pretence reason or aucthoritie of any iudgement geuen or hereafter to be geuen in or vpon the same or by pretence reason or force of any worde or wordes thing or thinges conteyned or specified in any statute or lawe of prouision premunire or in any of them Any law or statute or opinion or exposition of any lawe or Statute to the contrary in any wyse notwithstandyng Sauyng alwayes the due execution of all and euery person and persons attaynted or to be attaynted for any offence wherevpon iudgement of death nowe is or ought to be or hereafter may lawfully be geuen by reason of this Statute or otherwyse And sauyng alwayes all and euery such payne of death or other hurte or punishment as heretofore might without daunger of law be done vppon any person or persons that shall sende or bryng into this Realme or any other the Quenes dominions or within the same shall execute any summons sentence excommunication or other proces agaynst any person or persons from the Byshop of Rome for the tyme beyng or by and from the See of Rome or thaucthoritie or iurisdiction of the same See Prouided alwayes and be it enacted by the aucthoritie aforesayde that no person or persons shall hereafter be endyted for assisting aydyng mainteynyng comfortyng or abettyng of any person or persons for any the said offences in extollyng settyng forth or defending of the vsurped power and aucthoritie of the Bishop of Rome vnlesse he or they be therof lawfully accused by suche good and sufficient testimony or profe as by the Iurye by whom he shall so be endyted shal be thought good lawfull and sufficient to proue hym or them gylty of the sayde offences ¶ An Act for the maintenaunce and encrease of Tyllage The .ii. Chapter FOrasmuch as the Statute made in the fourth yere of the raigne of the late prince of worthy memorye Kyng Henry the seuenth for the kepyng vp of houses of husbandry and one other Statute made in the .vii. yere of the raigne of the late Kyng of moste famous memory Kyng Henry the eyght entituled an Acte to auoyde lettyng downe of Townes and also one other Acte made in the .xxvii. yere of the reigne of the same late kyng Henry the eyght entituled an Acte concerning the decay of houses and inclosures are very good and profytable lawes for the common wealth of this Realme It is therefore ordeyned and establyshed by the Quene our Soueraigne Ladye with the assent of the Lordes Spirituall and Temporall and the commons in this present Parliament assembled and by the aucthoritie of the same that the sayde Actes and euery of them and euery braunche and article in the same and euery of them conteyned shall from henceforth be put in due execution and remayne and continue in force for euermore And also where by an Acte made in the .xxvii. yere of the reigne of our sayde late Soueraigne Lorde Kynge Henry the eyght whereby diuers sundrye religious houses of Monkes Channons and Nunnes whiche myght not dispende in landes tenements and hereditamentes aboue the clere yerely value of two hundreth poundes were geuen to the sayde late Kynge Henry the eyght his heyres and successours for euer It is among other thynges enacted and ordeyned that all and singuler persons and bodyes polytyke and corporate to whom the sayde late kyng Henry the eyght his heyres or successours after the makynge of the same Acte shoulde geue graunt lette or demyse any Scite or precincte with the houses thervppon buylded together with the demeanes of any Monasteries Priories or other religious houses that shoulde be dissolued or geuen to the sayde late kyng Henry the eyght by that Acte and the heyres successours or assignes of euery suche person bodye polytyke and corporate shoulde kepe or cause to be kepte an honest contynuall house and householde in the same Scite or precincte and shoulde occupye or cause to be occupyed yerelye as much of the demeanes in ploughyng and tyllyng of husbandrye that is to saye as muche of the sayde demeanes whiche then were commonlye vsed to be kepte in tyllage by the Gouernours Abbottes or Pryours of the same houses Monasteries or Priories or by theyr fermour or fermours occupying the same within the tyme of twentie yeres nexte before that Acte vppon payne to forfayte to the kynges hyghnesse for euery moneth so offendynge .vi. li. xiii s. iiii d. to be recouered to his vse in anye of his Courtes of Recorde And ouer that by the same Statute it is enacted that all Iustices of peace in euery Shyre where any suche offence should be committed and done contrary to the true meanyng intent of that Acte or statute shoulde in euery quarter and generall Sessyons within the limittes of their Cōmission enquire of the premisses and shoulde haue full power and aucthoritie to heare and determine the same and to taxe and assesse no lesse fine for euery the sayde offences then is before limitted for the sayde offence and estreates therof to be made and certified into the Kynges Exchequer accordynge and at suche tyme and fourme as other estreates of fynes issues and amerciamentes bee made by the same Iustyces as by the same Acte more at large doth appeare Whiche parte of the sayde Acte concernyng kepynge of house and householde in the sayde Scites and precinctes and occupying of such demeanes of the same in tyllage as is aforesayde then was and yet is thought very beneficiall to the common wealth and moste nedefull to be put in due execution BE IT therefore enacted by the aucthoritie
to haue any goodes or cattelles to the value of twentie poundes that then he or they to be set on the pyllorye in some market place within the Shire Citie or Borough where the saide offence shal be committed by the Sheriffe or his ministers yf it shall fortune to be without any Citie or Towne corporate And yf it happen to be within any such Citie or Towne corporat then by the said head officer or officers of such citie or towne corporate or by his or theyr ministers and there to haue both his eares nayled and frō thenceforth to be discredited and disabled for euer to be sworne in any of the courtes of Recorde aforesayde vntyll suche tyme as the iudgement shal be reuersed and therevpon to recouer his damages in maner and fourme before mentioned The one moitie of all which sūmes of money goodes cattelles to be forfaited in maner and fourme aforesayde to be to the Quene our soueraigne Lady her heyres successours thother moitie to such person or persons as shal be grieued hyndered or molested by reason of any the offence or offences before mentioned that wyll sue for the same by action of debte byll playnt information or otherwyse in any of the Quenes Maiesties courtes of Recorde in the which no wager of lawe essoigne protection or iniunction to be alowed And be it also enacted by the aucthoritie aforesayde that aswell the Iudge and Iudges of euery such of the said courtes where any suche suite is or shal be and whervpon any such periury is or shal happen to be committed as also the Iustices of Assises and gaole delyuery in theyr seuerall circuites and the Iustices of the peace in euery Countie within this Realme or in Wales at their quarter Sessions both within the liberties and without shall haue full power and aucthoritie by vertue hereof to enquire of all euery the defaultes and offences perpetrated committed or done contrary to this Acte by inquisition presentment byll or information before them exhibited or otherwyse lawfully to heare and determine the same and therevpon to geue iudgement awarde proces and execution of the same accordyng to the course of the lawes of this Realme And be it further enacted by the aucthoritie aforesayde that the Iustices of Assise of euery circuite within this Realme and els where within the Quenes dominions shal in euery countie within theyr circuites two tymes in the yere that is to saye in tyme of theyr syttynges make open proclamation of this estatute or of the effect therof to thintent no person or persons shal be ignoraunt or miscognisaunt of the penalties herein conteyned Prouided also that this Acte nor any thyng therein conteyned shal not extende to any spirituall or ecclesiasticall court or courtes within this Realme of Englande or Wales or the marches of the same But that all and euery such offendour or offendours as shal offende in fourme aforesayde shall and may be punyshed by suche vsuall and ordinary lawes as heretofore hath ben and yet is vsed and frequented in the sayde ecclesiasticall Courtes Any thyng in this present Acte conteyned to the contrary in any wyse notwithstandyng Prouided also and be it further enacted by thaucthoritie aforesayde that if any person or persons vpon whom any proces out of any of the courtes of Recorde within this Realme or Wales shal be serued to testifie or depose concernyng any cause or matter dependyng in any of the same courtes and hauyng tendred vnto hym or them according to his or their countenaunce or callyng suche reasonable summes of money for his or theyr costes charges as hauyng regarde to the distaunce of the places is necessary to be alowed in that behalfe do not appeare accordyng to the tenour of the sayde proces hauing not a lawfull reasonable let or impediment to the contrary that then the partie makyng defaulte to lose and forfait for euery such offence x.li and to yelde such further recompence to the partie grieued as by the discretion of the Iudge of the court out of the which the saide proces shal be awarded accordyng to the losse hynderaunce that the partie which procured the saide proces shall susteyne by reason of the non appearaunce of the saide wytnes or witnesses the said seuerall summes to be recouered by the partie so grieued against the offendour or offendours by action of debte byll plaint or information in any of the Quenes Maiesties courtes of Recorde in whiche no wager of lawe essoigne or protection to be alowed Prouided alwayes y t this Act or any thyng therin conteyned shal not extend in any wyse to restraine the power or aucthoritie geuen by Act of parliament made in the tyme of kyng Henry the .vii. to the Lorde Chauncelour of Englande others of the kinges councell for the time being to examine and punysh ryotes routes heynous periuries and other offences misdemeaninges which Lord Chauncelour other sithens the making of the said act haue most commonly vsed to heare and determine such matters in the Court at Westminster commonly called the Starre chamber nor to restrayne the power or aucthoritie of the Lorde President and councell of the marches of Wales or of the Lorde President and councell in the North nor of any other Iudge hauyng absolute power to punyshe periury before the makyng of this estatute But that they and euery of them shall and may proceade in the punyshment of all offences heretofore punyshable in such wyse as they myght haue done and vsed to do before the makyng of this Act to all purposes so that they set not vppon the offender or offenders lesse punyshement then is conteyned in this Acte This Acte to continue vnto the ende of the next Parliament An Acte to reuiue a Statute made Anno .xxi. H. viii touchyng seruauntes embeaselyng theyr maisters goodes ¶ The .x. Chapter WHERE in the Parliament holden at London the thirde daye of Nouember in the .xxi. yere of the raigne of the late kyng of moste famous and worthye memory kyng Henry the eyght from thence adiourned to Westminster and there holden and continued by diuers prorogations vnto the dissolution therof It was ordeyned enacted amonges other thynges that all and singuler seruauntes to whom any Caskettes Iewels money goodes or cattelles by his or theyr maister or maistres shoulde from thenceforth be delyuered to kepe that yf any suche seruaunt or seruauntes withdrawe him or them from theyr sayde maisters or maistresses go away with the said Caskets Iewels money goodes or cattelles or any parte thereof to the intent to steale the same defraude his or their saide maisters maistresses therof contrary to the trust and confidence to hym or them put by his or theyr sayd maisters maistresses Or els beyng in seruice of his said maisters or maistresses without thassent or cōmaundemēt of his maisters or maistresses embesell the same Caskets Iewels money goodes or cattelles or any part therof or otherwyse conuert
deputies And if afterwardes it shall or may appeare to the Iustices of the same Courte for the time beyng that the same writ so deliuered of Record be not duely retourned before them at the day of the retourne therof or that any other defaulte or negligence hath ben vsed or had in the not wel seruing and executing of the said writte that then the Iustices of the sayde court shall and may by aucthoritie of this Acte assesse such amerciament vpon the said Sheriffe or other officer in whom such default shal appeare as to the discression of the sayd Iustices shal be thought mete conuenient whiche americiament so assessed shal be extreated into the court of the Exchequer as other amerciamentes haue ben vsed And be it further enacted by thaucthoritie aforesayde that the Sheriffe or other officer to whom suche writte of Excomnicato capiendo or other proces by vertue of this Acte shal be directed shall not in any wyse be compelled to bryng the body of such person or persons as shal be named in the said writte or proces into the sayd court of the kynges Bench at the day of the retourne therof but shall only retourne the same writte proces thyther with declaration briefly howe and in what maner he hath serued and executed the same to thintent that thervpon the said Iustices may then further therin proceade accordyng to the tenor and effect of this present Acte And yf the saide Sheriffe or other officer to whom th execution of the said writte shal so appertayne do or shal retourne that the partie or parties named in the sayd writte can not be founde within his Baylywyke that then the sayde Iustices of the kynges Bench for the tyme being vpon euery such retourne shall award one writ of Capias agaynst the said person or persons named in the saide writ of Excomunicato capiendo retournable in the same Court in the Tearme tyme two monethes at the least next after the Teste thereof with a proclamation to be conteyned within the sayd writte of Capias that the Sheriffe or other officer to whom the same writ shal be directed in the full Countie court or els at the generall Assises Gaole delyuery to be holden within the same Countie or at a quarter Sessions to be holden before the Iustices of peace within the same Countie shal make open proclamation ten dayes at the least before the retourne that the partie or parties named in the sayde writte shall within .vi. dayes next after such proclamation yelde his or their body or bodyes to the gaole and pryson of the said Sheriffe or other such officer there to remayne as a prisoner accordyng to the tenour and effect of the first writte of Excomunicato capiendo vpon paine of forfaiture of x.li And thervpon after such proclamation hadde and the saide .vi. dayes past and expired then the sayd Sheriffe or other officer to whom such writ of Capias shal be directed shal make retourne of the same writte of Capias into the said court of the kynges Bench of all that he hath done in th execution therof and whether the partie named in the sayd wrytte haue yelded his body to pryson or not And yf vpon the retourne of the sayde Sheriffe it shall appeare that the partie or parties named in the said writte of Capias or any of them haue not yelded theyr bodyes to the gaole and prison of the sayde Sheriffe or other officer accordyng to the effecte of the same proclamation that then euery such person that so shall make default shall for euery suche default forfaite to the Quenes hyghnes her heyres and successours ten poundes which shall lyke wyse be extreated by the sayde Iustices into the sayde court of Exchequer in such maner and fourme as fines and amerciamentes there taxed and assessed are vsed to be And therevpon the sayde Iustices of the kynges Bench shall also awarde forth one other writte of Capias agaynste the person or persons that so shal be retourned to haue made default with such lyke proclamation as was conteyned in the first Capias and a payne of xx.li to be mentioned in the said seconde writte and proclamation And the Sheriffe or other officer to whom the saide second writte of Capias shal be so directed shal be serue and execute the same second writte in such like maner and fourme as before is expressed for the seruyng and executyng of the sayde first writte of Capias And if the Sheriffe or other officer shall retourne vpon the said second Capias that he hath made the proclamation accordyng to the tenour and effecte of the same writte and that the partie hath not yelded his bodye to pryson accordyng to the tenour of the sayde proclamation that than the sayde partie that so shall make default shall for such his contempt and default forfait to the Quenes highnes her heyres and successours the summe of xx.li which sayde summe of xx.li the sayde Iustices of the kynges Benche for the tyme beyng shall lykewyse cause to be extreated into the sayde court of Exchequer in maner and fourme aforesayde And then the sayde Iustices shall lykewise awarde forth one other writte of Capias agaynst the said partie with such lyke proclamation and payne of forfaiture as was conteyned in the sayd seconde writte of Capias And the Sheriffe or other officer to whom the sayd third writte of Capias shall so be directed shall serue and execute the said third writte of Capias in suche lyke maner and fourme as before in this Acte is expressed and declared for the seruyng executyng of the said first second writtes of Capias And if the Sheriffe or other officer to whō th execution of the said third writte shal appertaine do make retourne of the said third writte of Capias that y e partie vpon such proclamatiō hath not yelded his body to prison according to the tenor therof that then euery such partie for euery such contempt and defaulte shall lykewyse forfait to the Quenes Maiestie her heires and successours other xx.li which summe of xx.li shall lykewyse be extreated into the said Court of the Exchequer in maner and fourme aforesayde and thervpon the sayde Iustices of the kynges Benche shall lykewyse awarde for the one writ of Capias against the sayde partie with lyke proclamation and lyke payne of forfaiture of xx.li And that also the saide Iustices shall haue aucthoritie by this Acte infinitely to awarde suche proces of Capias with such lyke proclamation and paine of forfaiture of xx.li as is before limitted agaynst the saide partie that so shall make default in yeldyng of his body to the prison of the Sheriffe vntyll such tyme as by retourne of some of the sayde writtes before the said Iustices it shall and may appeare that the said partie hath yelded him selfe to the custody of the said Sheriffe or other officer accordyng to the tenor of the said proclamation and that the partie vpon euery