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land_n hold_v king_n manor_n 3,965 5 10.1739 5 true
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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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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
diuers and sondry other persons and bodyes polytyke and corporate by sondry meanes conueyaunces and assuraunces accordyng to the ordre of the lawes and statutes of this realme And where also diuerse manours landes tenementes and hereditamentes percell of the possessions of Archebysshoprykes and Bishoprykes and many and sondrye late deaneryes colleges chauntryes rectories Prebendes Free chappels Guyldes and Fraternities manours houses Graunges landes tenementes rentes seruyces and other Ecclesiasticall possessions and hereditamentes goodes and cattels to the sayd Archebysshoprykes Bysshoprykes deanries colleges chauntries free chappels rectories guyldes and fratermties late appertayning and belongyng or appoynting to and for the fynding of priestes obyttes lyghtes or other lyke purpose came as wel to the handes possession of the lare noble kyng Edward the sixt brother vnto your maiestie soueraygne Lady by vertue of an acte of parliament thereof made or otherwise as also to the handes and possession of diuerse and sondry other persons and bodies polytyke and corporate by sondry meanes conueyaunces and assuraunces according to the ordre of the lawes of this realme a great nombre of which sayd late monasteries priories nonneries commaundries deaneries colleges hospitalles prebendes chauntries free chappelles guildes and fraternities and the mannours granges mesuages landes tenementes rentes reuercions seruyces tythes pentions portions vicareges churches chappeles aduousons nominations patronages an nuities and hereditamentes goodes and cattels to the sayd monasteries pryoryes nonneryes commaundries deaneries colleges hospitalles chauntries free chappelles guyldes fraternities and other ecclestasticall houses Archebysshoprykes and Bysshoprykes belonging as well for great sommes of moneye as for other good and reasonable causes and considerations haue bene conueyed and assured to diuerse the subiectes and bodyes polytyke of this realme aswel by the sayd kyng Henrye theyght the sayd kyng Edward the syxte and by your hyghnes our soueraygne Ladye and ioyntely by both your maiesties as also by diuerse the owners of the sayd ecclesiasticall possessions whych sayd conueyaunces and assuraunces by their sondrye letters patentes and other wrytynges more playnelye do and mayappeare Forasmuche as the sayd most reuerende father hath also bythe sayd dispensations remoued and taken away al matter of empeachement trouble and daunger whyche by occasion of any generall counsayle canon or decree ecclesiasticall myghte touche and disquiete the possessions of such goodes moueable landes tenementes possessions and hereditamentes as were of late belongyng to anye of the sayd Archebysshoprykes Bysshoprykes monasteries prioryes nonneries commaundries deaneryes colleges chauntries prebendes rectories hospitalles houses of fryars or other religious and ecclesiasticall houses and places of what nature name kind or qualitie soeuer they be of Yet for that the title of allandes possessions and hereditamentes in thys your maiesties realme and dominions is grounded in the lawes statutes and customes of the same and by your highe iurisdiction aucthoritie royall and crowne imperiall and in your courtes onlye to be impleaded ordered tryed and iudged and none otherwyse and vnderstandyng that the whole full and moste gratious intentes mynd and determination of your most excellent maiesties be that all and euery person and persons bodyes polytyke and corporate theyr heyres successours and assignes and euery of them shal haue kepe retayne and enioye all and euery their estates ryghtes possessions and interestes that they and euery of them nowe hathe or hereafter shall haue of and in al and euery the mannours graunges mesuages landes tenementes tithes pentions portions aduousons nominations patronages anuities rentes reuercions seruices hundredes wapentakes liberties fraunchesis and other the possessions and hereditamentes of the sayd monesteries abbeyes pryoryes nonneryes commaundries deaneries colleges prebendes hospitales houses of fryars chauntries rectories vicareges churches chappelles Archebysshoprykes and Bysshoprykes and other religious or ecclesiastical standing And where as by dissolution of monasteries and other religious houses certayne paryshe churches and chappels which were before exempte from the iurisdiction of the Archbyshop and Byshop of the diocesse and by speciall exemption and priueledge from Rome were vnder the gouernement and ordre of the Abbottes and Pryours of those religions houses which sayde churches by colour of the sayde exemptious be nowe of speciall graunt from Kyng Henry Kyng Edwarde vnder the rule and gouernement and iurisdiction of temporall and laye men who can no more enioye that supremacye ouer those particuler churches then the king might ouer the hole realme Be it therfore enacted that all Archbyshoppes and Byshoppes in their diocesses and al other spirituall person and persones hauynge iurisdiction and their ministers and officers and no laye persone or persones in euery Churche and place within the precinct of the same beyng exempt or not exempte may freely and without impedimēt execute their spirituall iurisdictiō in al pointes articles as though no suche exemption or graunt had neuer bene made Prouided alwaye and be it enacted that this acte extende not to take awaye or diminishe the priuileges of the vniuersities of Cambrydge and Oxforde ne the priuileges or prerogatiues graunted heretofore to the churches of Westminster and Wyndesoure ne the Cower of London ne preiudiciall to suche temporall Lordes and possessioners in this realme as by auncient custome haue enioied probate of Testamentes of their tenauntes or other And forasmuche as after this reconsiliation and vnitie of this noble realme to the body of Christes churche it is to be trusted that by the aboundaunce of Goddes mercy and grace deuotion shall encrese and growe in the hartes of many Subiectes of this realme with desire to giue and bestowe their worldly possessiōs for the resuscitating of almose prayer and example of good lyfe in this realme to thintēt suche godly motions and purposes shoulde be aduaunced Be it therfore enacted by the aucthoritie of this present parliamēt that it shal be lawfull to suche as shal be seised of any manours landes tenementes personages tythes pencions portions or other hereditamentes whatsoeuer in fee symple in possessiō reuertiō or remainder in their owne rightes not beyng coppy holde maye therof make feoffamentes grauntes or any other assuraunces or by his laste will and Testament in wryting may be queath and geue in fee simple all and euery the sayd manours landes tenementes personages tithes pencions porcions or other hereditamentes to any spirituall bodye politike or corporate in this realme or dominions of the same nowe erected or founded or hereafter to be erected or founded withoute anye lycence of mortmayne therein to be opteyned or any wrytte of ad quod dampnum to bee sued out for the same the actes de terri ad manuni mortuam non ponendis or any other acte or statute heretofore had or made in any wise notwithstanding Sauyng to the Lordes of the see all rentes seruices dewe or goyng out of any of the sayde lande or tenementes or hereditamētes so to be amortized as is aforesayd Prouided alway that this clause of this acte for geuyng the libertie of or for the amortezing of landes or