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

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Anno primo etsecūdo Philippi Mariae Actes made at a Parliament begon and holden at Westminster the .xii day of Nouēber in the fyrst and second year of the reigne of our soueraigne Lorde and Lady Philippe and Marye by the grace of God kinge and Quene of England Fraunce Naples Ierusalem and Irelande defendours of the faith princes of Spayne Sicile Archdukes of Austria Dukes of Millaine Burgondie and Brabant counties of Haspurge Flaunders and Tyrol and there continued and kepte vntyll the dissolution of the same beinge the .xvi. days of Ianuary then next ensuing were enacted as foloweth Cum priuilegio Regiae Maiestatis The Table AN act touchinge letters patentes ▪ and other wrytynges to be signed by the Quenes Maiestie Ca. i. An act for the reformation of excesse in apparel Ca. ii An acte against seditious wordes and rumours Cap. iii. An act for the punishment of certayne persons callynge them selues Egiptians Cap. iiii An acte to restrayne carying of corne victuals and woode ouer the Sea Cap. v. An acte for the reniuing of three statutes made for the punyshment of heresyes Cap. vi An act that personnes dwellyng in the countrey shal not sell dyuers wares in cyties and townes corporate by retayle Cap. vii An act repealing al statutes articles and prouisions made agaynste the sea apostolyke of Rome synce the twenty yeare of kynge Henrye theyght and also for the establishemēt of al spyrytual ecclesiasticall possessions and hereditamentes conueyed to the laytye Cap. viii An acte for the punyshment of trayterous wordes agaynst the quenes maiestie Cap. ix An acte wherby certaine offences be made treasons and also for the gouernement of the kinges and Quenes Maiesties issue Cap. x An acte for the punishmente of bunginge in of counterfeyte coyne of forrayne realmes being curraunte within this realme Ca. xi An acte touchinge the impoundinge of distresses Ca. xii An act appoyntynge in order to Iustices of peace touching the vail ment of prysoners Cap. xiii An act for the making of russels satens sattens reuerses and fustian of Naples in Norwyche Cap. xiiii An acte to confyrme the liberties of the lorde Marchers in Wales Cap. xv An act for the continuaunce of certayne statutes Cap. xvi An act touchyng leases hereafter to be made by certayne spyrytuall persons Cap. xvii An acte touchynge letters patentes and other wrytynges to besigned by the Quenes Maiestie The fyrst Chapter WHere in the Parliamente begonne and holden at Westminster the second day of Apryll in the fyrste yeare of the reigne of oure mooste dreade and gratious Souetaygne Ladye the Queenes Maiestye there continued and kept til the dissolution of the same being the fift day of Maye then next folowinge one acte was made touching tharticles of her highnes most noble mariage In the which acte amongeste other thinges it was enacted ordred established by the auctority of the said parliament that all and singuler giftes grauntes letters patentes exchanges cō firmations leases other writinges whiche after the said mariage and during the same shoulde passe and be made of any benefices offices landes reuenues and fruites or of any of them shoulde be intite led and made in the names of our Soueraigne Lord the king and of her most excellent highnes whether his Maiestye shoulde be present within the realmes and dominions of her hyghnes or wtin any of them or absent And that the same giftes grauntes letters patentes eschaunges confirmations leases and other writinges so sette forth and made shoulde be sealed and firmed with the signe manuel of her highnes and the same so signed sealed with the greate seale of this realme or with such seal as hath ben accustomed should be by thauctoritie of the said parliament demed adiudged declared and pronounced to be as good perfect and of like force strength effecte in the lawe to all intentes constructions and purposes agaynst our sayd Soueraigne Lorde and Lady the king and the Queenes malestyes and her hyghnes heires and successours as yf her mayestye had ben at the tyme of the making thereof sole and vnmaried and that all gyftes grauntes letters patentes eschaunces confirmatiōs leases and other wrytynges whiche after the sayde mariage and durynge the time of the same should passe and be made of the said benefices offyces landes reuenues and fruites or of anye of thē whervnto the signe manuall of her hyghnes should not be sette made or put shal be by thaucthorytye of the sayde parlyament from to tyme demed adiudged aceepted taken and decreed to be of no force ne effect but vtterly frustrate and voyde in the lawe to all intentes constructions and purposes the sayde marjage pranye law vsage or custome to the contrary in any wyse notwithstanding as by the sayde act more at large doth appeare Sithence the making of which Statut and the solmntsation of the sayde mariage the queenes most excellent maiestye hath bene greatly molested greued and troubled ●● often signing of letters patentes giftes grauntes eschaunges leases and other wrytynges concerning and touchinge benefices offices andes reuenues and fruites made and graunted by and from but sayd soueraygne lorde the kynge and her highnes to sundrye of theyr most louynge subiectes to whome also it hath bene and is no smal charge to attend vnty ssuche tyme as they may procure and obteyne the signe manuell of her highnes vnto their sayde letters patentes gyftes grauntes ef●chaunges confirmations and leases without whith signe the fame are vtterly voyde by force of the sayde statute to the great daunger losse and vtter vndoing of diuers persons that haue lately boughte purchased or obtayned of our sayd soueraigne Lorde and Lady the kyng and Quenes maiesties diuers landes tenementes and other hereditamentes to theyr great costes and charges For remedy wherof be it enacted by the auctoritie of this present parliamente that the sayde braunthe or article touchinge or concernyng only the signing of letters patentes giftes grauntes eschaunges confirmations leases or of other writinges for any landes benefices offices reuenues friutes or other hereditamētes shal be from henceforth clearely repelled and made frustrate and voyde to alintentes and purposes And be it further enacted by auctoritie of this present parliamet that al and singuler letters patentes touching or concernyuge anye gifte graunte eschaungs confirmation lease or other writinge the whiche sithence the sayde mariage hath passed and be made of anye benefices offices manoures landes tenementes reuenues fruytes lybertyes or other hereditamentes or of any of them in the names of our mooste dread Soueraygne Lorde and ladye the kynge and the Quenes maiesties the waraunte or writinge or warauntes or wrytynges wherof being signed with her hyghnes signe manuel in such fourme order and degree as the same heretofore haue bene accustomed to be signed when her highnes was sole and vnmaryed shal be by auctoritie of this present parliament of the same like force strength and effecte in the lawe to al intentes constructions and purposes as yf
suspected euery of thē may by the aucthoritie of the sayd ordinarye and Statute cause to be arrested and vnder saufe custody in his prisones to be deteined tyl he or they of the articles layed to him or them in this behalfe doo canonically purge him or them selfe or ells suche wicked secte preachynges doctrynes and heretical and erronious opiniōs do abiure according as the lawes of the church doth require so that the sayd dyocesan by him self or his commissaries do openly and iudicially procede against such periones so arrested and remayning vnder his saufe custodye to all effect of the lawe and determine that same busynes according to the Canonicall decrees within three monethes after the sayde arrest any lawfull impedimēt ceassing And yf any person in any case aboue expressed be before the diocesan of that place or hys commyssaryes canonically conuict then the same diocesan may do to be kept in his prison the sayd person so conuict for the maner of his defaulte and after the qualitie of the offence accordyng and as long as to hys discretion shall seme expedient and moreouer to put the same person to the secular court except in cases where he accordyng to the canonicall decree ought to be left to paye to our soueraigne lord the kinge his pecunier fine accordyng as the same fyne shall seme competent to the diocesan for the maner and qualitie of the offence in which case the same dyocesan shal be bounde to certifye the kyng of the same fine in his escheker by his Lettre Patentes sealed with hys seale to the effecte that suche fyne by the kynges aucthoritie maye be requyred and leuied to his vse of the goodes of the same person so conuycte And if any person within the sayd realme and dominions vpon the sayde wycked preachynges doctrynes opinions schooles and heretycall and erronious informations or any of them be before the diocesan of the same place or his commissaries sentencially conuyct the same wicked sect preachinges doctrines and opinions scholes and informations do refuse duely to abiure or by the dyocesan of the same place or his commyssaryes after the abiuration made by the lame person pronounced fal in to relapse so that accordinge to the holye canons he oughte to be lefte to these culer courte whervpon credence shal be geuen to the dyocesan of the same place or to his commissaryes in this behalfe then the sheryffe of the countie of the same place and Maior and sheryffes or sheryffe or Mayor and Baylyffes of the Citie Towne and borow of the same countye next to the same diocesan or the sayde Commissaryes shal be personailye present in preferryng of such sentences when they by the same diocesan or his commissaries shal be required and they the same personnes and euerye of them after suche sentence promulgate shall receaue and them before the people in an hygh place dooe to be brent that such punyshmente maye strike in feare to the myndes of other wherby no such wycked doctrine and heretical and erronious opinions nor their abbettours and fautours in the said realme dominions agaynst the catholike faith christen law determination of the holy church which god prohibite be fusteined or in any wyse suffered in whiche al and singuler the premisses concerninge the sayde ordinaunce and statute the sheriffes maiors and bailiffes of the said counties cities boroughes and townes shal be tendynge aydynge and supportyng to the sayd diocesans and their commissaries ☞ The tenor of the thyrd act made in the second yere of kygne Henry the fift is as foloweth Cap. vii ITem forasmuch as great rumors congregations insurrections here in the realme of England by diuers of the kinges liege people aswel by them which wer of the sect of heresies commonly called lolardry as by other of their confederatie excitation abbetment nowe of late were made to thintent to adnul destroy and subuerte the christen faith and the law of god and holy church within this same realm of England and also to destroy the same our soueraine lord the king and all other maner of estates of the same realme of England aswel spiritual as temporal and also al maner of policie and finally the lawes of the lande The same our soueraigne lord the king to the honour of god and in conseruation and fortification of the christen faith and also in sak ation of his royal estate and of thestate of al his realme willing against the malice of such heretikes and lolardes to prouide a more open remedy and punishment then hath ben had and vsed in the case hereto fore so that for fear of the same lawes and punishment such heresies and lolardries may the rather cease in time to come by the aduise and assent aforesaid at the prayer of the saide commons hath ordeined established that first the chaunceloure treasurer Iustices of the one benche and of thother Iustices of peace shirifes mayors and baylifs of cities and townes and al other officers hauinge gouernaunce of people which now be or hereafter for the tyme shal be shal make anothe in takyng of their charges and occupations to put their hole power and diligence to put out and do to be put out cease and destroy al maner of heresies and errors commonly called lolardryes within the places where they exercise their offices and occupations frō time to tyme with al theyr power and that they assist the ordinaryes and their comissaries and them fauor and maintaine as often as they or any of them to that shal be required by the same ordinaries or theyr comissaries so that when the saide officers and ministers trauayle or ride to arrest any lolard or to make assistence at the instance and request of the ordinaries or their commissaries by vertue of this statute that the same ordinaries and commissaries shal paye for theyr costes reasonable And that the kynges seruices to the which the same officers be fyrst sworne be preferred before al other statutes for the libertie of holy church and the ministers of the same in especiall for the correction and punishment of the heretikes and lolardes before this time made and not repelled being in their force And also that al persons conuict of heresie of what estate condition or degre that thei be by the sayd ordinaries or other cōmissaries left to the seculer power according to the lawes of holp churche shal lose and forfeyte all theyr landes and tenementes whiche they haue in fee simple in the maner as foloweth that is to say that the kinge haue al the londes and tenementes whiche the sayde conuictes haue in fee simple and holden of him immediately as forfeyte and that the other lordes of whome the landes and tenements of such conuictes be holden immediatly after that the king is so seaced and answered of the yeare the day and the wast haue liuery out of the kynges handes of the landes and tenemētes aforesaid of them so holden as it hath bene
vsed in the case of attainder of feloni except the landes tenementes which be holden of the ordinaries or their cōmissaries before whom any such persons impeched of heresie be cōuict which landes tenementes intierly shall remaine to the king as forfayt And moreouer that al the goods cattels of these persons so cōuicted be forfeit to our soueraygne lorde the kinge so that no person conuict of heresy left to the seculer power after the lawes of holy church shal forfeyt his lands before that he be dead And if any such person so cōuict be enfeffed be it by fine by dede or without dede in landes or tenementes rentes or seruices in fee or otherwise or hath any other possessiōs or catels by gift or graūt of any persō or persons to anothers vse thē to thuse of such cōuictes that the same landes nor tenements rentes nor seruices nor suche other possessions nor catels shal be forfeit to our soueraign lorde the king in no wise And moreouer that the iustices of the kings bench iustices of peace iustices of assise haue ful power to enquire of al thē which hold any errors or heresies as lolardes whiche be theyr mainteyners receiuers fauorers susteners cōmen writers of such bokes as wel of the sermons as of their scoles conuenticles congregatiōs confederaties And that this clause be put in comissions of the iustices of the peace And if any persons be indicted of any pointes aforesaid the sayd iustices shal haue power to award against thē a capias the shiref shal be bound to arrest the person or persons so endicted as sone as he may them find by him or by his officers And forasmuch as the cognisance of heresy errors lolardries belongeth to the iudges of holy church not to the seculer Iudges suche persons iudicted shal be delyuered to the ordinaries of the places or to their commissaryes by indentures betwixt them to be made within .x. dayes after theyr arrest orsoner yf it may be therof to be acquit or conuict by the lawes of holy church in case that these persons be not indicted of another thynge whereof the cognysaunce belongeth to the seculer iudges and offycers in whiche case after that that they be acquyte or delyuered before the seculer Iudges of suche thinges to the seculer Iudges helongyng they shal be sent in safegarde to the sayde ordynaryes or their commissaryes and to them delyuered by indentures as before to be acquite or conuyct of suche lollardryes errours or heresies as is aforesayde after the lawes of holy churche and that within the terme aforesayde Prouided alwayes that the sayd endictementes be not taken in euidence but for information before the spyrytuall Iudges agaynste suche persones so endicted but that the ordinaries commence theyr processe agaynst such persons endicted in the same maner as though no endictmeut were hauing no regarde to suche endictmentes And yf anye be endicted of heresye erroure or lolardrye and taken by the Sheriffe or other officer he shal be let to maynpryce wythin the sayde tenne dayes by good suertye for whom the sayde shyreffes or other officers wil aunswere so that the sayde person or personnes whiche were so endicted be readye to be deliuered to the sayde ordynaries or to theyr commissaries before the ende of the sayde tenne dayes yf he may by anye meanes for sicknes And euerye ordynarye shal haue sufficient commissaries or commissary dwellyng in euerye countie in a place notable so that if any such person so endicted be taken that the sayde commissaries or commissarie may be warned in the notable place where he dwelleth by the shyreffe or some of hys officers to come to the kynges iayle in the same countie there to receyue the same person so endicted by indentures as before And that in the inqueste in this case to he taken the shyreffes and other offycers to whom it belongeth shall do to be empanelled good and sufficient persons not suspected nor procured that is to say that euerye of them which shal be so empanelled in suche inquest haue within the realme of England C.s. of landes tenementes or of rente by yeare vpon payne to lose to the kynges vse x.li and they which shal be empanelled in such inquestes in Males euery of them shal haue to the value of xl.s by yeare And yf anye suche person be arreste be it by the ordinary or by the kynges officers or ministers and escape or break the prison before that he be acquit before the ordinarye the goodes tattelles which he hadde the daye of suche arreste shal be forfeyte to the kynge and his landes and tenementes whiche he had the same daye seased also into the kynges handes the kyng shall haue the profytes therof from the sayd daye vntyll he be yelded to the pryson frō whiche he escaped And that the foresaid Iustices haue ful power to enquyre of al such escapes breakyng of pryson and also of landes and tenementes goodes and cattels of such persons so endicted Prouided also that yf any such person endicted do not retorne to the sayd prison and dieth not conuicte it shal be lawfull to his heyres to enter into the landes and tenementes of their auncestre without anye other pursuyt makynge to the kyng for thys cause and then al they which haue libertyes and fraunchises royall in England as in the countye of Chester the countye and liberty of Durham other lyke and also al the Lordes which haue iurisdiction and frauchisies royal in Wales where the kynges wryttes do not run haue power to execute and put in due executiō these articles in al poyntes by thē or by theyr officers in like mauer as the Iustices and other the kynges officers before declared shoulde doe ☞ An act that persons dwellinge in the countrey shal not sel diuers wares in eities or townes corporate by retayle ☞ The .vii. Chapter WHere before thys tyme the aunnent tities horughes to wnes corporat and maiket to wnes within thys realme of Englād haue bene very populous chiefly inhabited with march auntes artificers handye craftes men during which time the childrē in the sayd cities borowes townes corporat market townes were ciuilly brought vp and instructed and also in the said cities borowes and townes corporate kepte in good order and obeysaunce and the whabiters of the same wel set on worke and kept from ydlenes By reason wherof the sayde cytyes borowes and townes corporate dyd then prosper in riches and great wealth were as then not only able to serue and furnysh the kynges and quenes maiesties and othere their noble progenytours kynges of thys realme aswell with great numbers of good able persons and wel furnyshed meete for the warres as also then charged and yet chargeable with greate fee farmes quindemes taxes and diuers other paymentes to the kyng and Quenes maiesties whiche at this present they be not able to paye beare but to their vtter vndoinge beynge fewe