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A22992 Anno primo & secundo Philippi & MariƦ actes made at a Parliament, begon and holde[n] at Westminster, the xij. 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 & Quene of England, Fraunce, Naples, Jerusalem, 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 Januarye then next ensuynge, were enacted as foloweth.; Laws, etc. England and Wales.; England and Wales. Sovereign (1553-1558 : Mary I) 1555 (1555) STC 9447.9; ESTC S1983 63,068 70

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for euery moneth that he shal lacke such deputie or deputies shall forfeyte for euerye suche offence fyue poundes the one halfe of whych forfaytures shal be to the king Quenes highnes her heires and successours the other halfe to him that wyll sue for the same by byll playnt information or action of debt in any the kynge and quenes courtes of recorde in which no essoygne protection nor wager of lawe shal be admitted ¶ An Acte appointing in order to iustices of peace touching the baylment of prisoners ¶ The .xiii. Chapiter WHere in the parliament holden at Westminster in the. iii yeare of the reigne of the noble prynce king Henrye the seuenth it was among other thinges ordeyned enated that no prisoner arrested for felony should be lette● to bayle or mainepryce by any one Iustice of peace but by the hole Iustices or at least by two of thē whereof one to be of the Querum Since the making of which estatute one Iustice of peace in the name of hym selfe and one other of the Iustices his cōpagnion not makyng the sayd Iustice partie nor priuie vnto the case where fore the prisoner should be bayled hath often tymes by sinister labor and meanes set at large the greatest and notablest offenders such as be not repleuisable by the lawes of this realme yet the rather to hyde their affections in that behalfe haue signified the cause of theyr apprehension to be put onely for suspition of felony wherby the sayd offendours hath escaped vnpunyshed and do dayly to the high displeasure of almightie God the greate peril of the kyng and Quenes true subiectes and encoragement of all theues and euill doers For reformation wherof be it ordeined and enacted by the king and Quenes maiesties the lordes spirituall and temporall and the commons in this present parliament assembled by aucthoritie of the same that from and after the fyrst day of Apryll next commyng no Iustice or Iustices of peace shall let to baile or mainepryce anye such person or persones whych for any offence or offences by them or any of them committed be declared not to be repleuised or bailed or be forbidden to be repl●ued or bailed by the estatute of Westmin prymer made in the parliamente holden in the thyrde yeare of the reygne of kyng Edwarde the first And furthermore that any person or persones arrested for manslaughter or felony or suspectiō of manslaughter or felony beyng bayleable by the lawe shal not after the sayd fyrst day of Apryll be lette to bayle or mayneprise by anye Iustices of peace if it be not in opē Sessions except it be bi two Iustices of peace at the least wherof one to be of the Quorum the same iustices to be present together at the tyme of the said bailmēt or main pryce which hailement or mainprice they shall certifie in writynge subscribed or sygned with their owne handes at the next generall goale deliuery to be holden within the countie where the sayd person or person shal be arrested or suspected And that the sayde Iustices or one of them being of the Quorum when any such prisoner is brought before them for any manslaughter or felonye before anye baylement or maynepryce shall take the examination of the said pr●soner and information of them that brynges him of the facte circumstaunces thereof the same or asmuch therof as shal be materiall to proue the felonye shall put in wrytynge before they make the same bailement whiche sayd examination together with the sayde baylement the sayd Iustices shall certifie at the next general goale delyuery to be holden within the lymittes of theyr commission and that euery Coroner vpon any inquisition before hym found wherby any persō or persons shal be in dicte for murther or māslaughter or as accessary or accessaries to the same before the murder or man slaughter committed shal put in wrytyng the effect of the euidence geuen to the Iurye before him beyng materiall and aswell the said Iusti●es as the sayd Coroner shal haue aucthoritie by this acte to bind al such bi recognisaunce or obligation as do declare any thing material to proue the said murder or manslaughter offences or fellonies or to be accessary or accessaries to the same as is aforesaid to appeare at the next general goall deliuery to be holden within the Countie citie or towne corporat wher the triall therof shal be then and ther to geue euidence against the partie so indicted at the tyme of his triall shall certifye aswell the same euydence as suche bonde and bondes in wryting as he shal take together with the inquisition or indictment before him taken and founde at or before the tyme of his sayd tryall therof to be had or made And lykewyse the sayd Iustices shall certifye all and euery suche bonde taken before theym in lyke maner as before is sayd of baylementes and examination And in case any Iustice of peace or Quorum or Coroner shall after the sayde fyrst day of Apryll offende in any thing contrary to the true intente and meaning of this present acte That then the Iustices of gaole delyuery of the Shire citie towne or place where suche offence shall happen to be committed vpō due profe therof by examination before them shall for euery such offence set suche fyne on euerye of the same Iustices of peace and Coroner as the same Iustices o● gaole deliuery shall thynke me te and shall estrete the same as other fynes and amerciamentes assessed before Iustices of gaole deliuery ought to be Prouided alwaies and be it further enacted by thauctoritye aforesayd that Iustices of peace Coroners within the cytye of London and the countye of Middelsex and in other cities boroughes townes corporat wythin this realme and Wales shall within their seuerall iurisdictions haue auctorytye to let to bayle fellons and prisonners in such maner and forme as they haue bene heretofore accustomed thys act or any thinge therein conteyned to the contrarye notwithstandyng And also shal take examinations and bondes as is aforesayd vpon euerye baylement by them or any of them to be made and shal certifie euery such baylementes bondes and examinations by them or any of them taken or made at the next gaole deliuerye to be holden within the shyre citie borough or towne where their seueral iurisdictions extendeth vpon like payne and forfeyture as is before limitted in thys present act And be it also enacted by the auctorytye aforesayd that no writers of Habeas cor●us or Certiorary shal be hereafter graunted to remoue anye prysoner out of any gaole or to remoue anye recognisaunce excepte the same writtes be sygned with the proper handes of the chiefe Iustice or in his absence one of the Iustices of the court out of whyche the same writtes shal be awarded or made vppon payne that he that writeth anye suche writtes not beyng signed as is aforesayde to forfayt to our sayd soueraygne lord the kyng and the
to al intentes constructions and purposes as yf the same were or had bene signed by her highnes signe manuel and as yf her maiestie had bene at the tyme of the making ther of sole and vnmaryed and as they were before the makynge of the sayd act The ●ayde estatute or any braunche or article therein conteyned to the contrary in any wyse notwythstandynge ¶ An act for the reformation of excesse in apparel ¶ The seconde Chapter BE it enacted by thauctoritie of thys present Parliamēt that no person borne wtin this realme or the dominions of the same other then the son heyre apparaunt of a knight or other then suche as maye dispend xx.li by the yere in landes offices fees or other yerely reuenues for terme of lyfe or be worth in goodes .ii. C. li. shall after the fyrste daye of Apryll nexte commyng weare any maner of sylke in or vpon hys hatte bonet night cappe gyrdle scabberde hose shoes or spurre leathers vpon payne of thre monethes imprysonment and forfeytures of x.li for euerye dayes wearyng contrary to the tenour of this act And be it further enacted by thaucthoritie aforesayd that Iustices of Assises in theyr circuities Iustices of peace in their sessiōs sheriffes in their turnes Stewardes in letes lawe dayes Maiors shieriffes and Baylyffes of cities Boroughes townes corporate in their courtes shall and may enquire here and determine from time to time al euery the sayd offences committed or done wythin the lymites of theyr seuerall iurisdictiōs and aucthorities and where any such forfeytures shal happen to be founde within the precincte of any citie bourough towne corporate lete or lawe day then the Maior sherife Baylyffes of the sayde cities boroughes and townes and owner of the sayd lete or lawe dayes to haue the one moytie of the sayd forfeytures and thother moytie to be to any subiecte of this realme that wil sue for the same in any court of record by action information byll or otherwise in which no wager of lawe protection or assoigne shal be allowed And where suche for feyture shal be found oute of any citie boroughe towne lete or lawe daye that the moytie of al such forfeytures shal be to the kyng Quenes maiesties and the heyres of the Quene thother moytie there of to any of theyr subiectes that wyl sue for the same by byl pl aint action informatiō or otherwise in any court of record as is aforesaid in which no wager of lawe protection or essoygne shal be admitted or allowed And that al euery such person persons as haue auctory tye by vertue of thys act to heare determine the premysses may vpon the conuiction of euery such offender award proces vnto the shyrefe of anye shyre within thys realme for the apprehension of the sayd offender which beinge apprehended shal be committed by the shyrefe vnto the gaole of the sayd shyre there to remayne without bayle or maynprise vntyl the sayde offendoure hath payde the forfeyture wherin he is so conuicted And be it further enacted by the aucthorytye aforesayde that yf any person or persons of what estate condition or degre soener he or they he after y● sayd first day of Aprill next cōming knowing any seruaunt or seruauntes of his or theirs to offend contrary to this act doo not put the same out of his or theyr seruice but shall kepe in hys or their seruice the same offendour of offendors by the space of xiiii dayes next after such knowledge had or els beyng so put out of his theyr seruice shall retayne the same offendour or offendours to his or their seruyce agayne within one yere next ensuing the time of committyng of any such offence the same person or persōs so keping or reteyning agayne in or to his or their seruice any such seruaunt or seruauntes offending contrary to the tenour of this acte as is aforesayd shal for euery hys or theyr offēce forfeyt .c. li. of law full money of England the moytye whereof to be to the kynge and Quenes maiesties vse and the heires and successors of the Quene and the other moyte to hym that wyl sue for the same in any courte of record by action byl plaint information or otherwyse wherin no wager of law essoygne or protection shal be admitted or allowed Prouyded alwaye and be it enacted that thys acte or anye thing therin conteyned shal not extende to any person beyng of or aboue the degre of a knyghtes sonne or doughter or beinge wife to any of them nor to such as haue bene be or shal be Maiour Baylife Aldermā or head officer in any city borough or town corporate or to the wife of any of them nor to any of the kynges or Quenes seruauntes in ordinary wages attendaunt wearyng the kynges or Quenes ordinary liueries but that they euerye of them may vse and weare as they or any of them might lawfully vse and weare be fore the makyng of thys act Prouided also that no person shal be compelled by thys acte to put away his prentise or hyred seruaunte before th ende of the terme before agreed betwene thē nor that any mayster shal forfeyt or lose any payne or forfeyture for the keping of his prētise or hyred seruāt after his offence contrary to thys acte vnto th end of the terme be fore agreed betwene them Any thyng aboue sayd to the contraay notwythstandynge Prouyded also that women may weare in theyr cappes hattes gyrdles and hoodes as they or any of them myght vse and weare lawfully before the makyng of thys acte ¶ An Acte agaynst seditious wordes and rumors The thyrd Chapter WHere it is conteyned as well in the Statute of Westm the firste as in the Statute made at Glocester the seconde yere of the raygne of kynge Rychard the second that no man shoulde be so hardye to contriue speake or tell any false newes lyes or other suche lyke false thynges of Prelates Dukes Earles Barous and other Nobles and Peares of the realme or of the Chaunceloure Treasurer Clerke of the priuie seale Stewarde of the kynges housholde Iustices of the one bancke or of thother or of any of the great officers of this realme And that euery such offender should be taken imprisoned vntil such time as he had brought him or thēforth which did speake the same And wher also at a parliament holden at Cambridge in the .xii. yeare of the reygne of the sayd kyng Rycharde it was also enacted that where anye suche offender as is aforesayde should be taken and imprisoned and coulde not find him of whome he heard those newes which he spake as is aforesaid that then the same speaker should be punished by thaduise of the coūsell as by the same actes amongest other more playnly do and may appeare Be it enacted by thauctoritye of thys presente parliament that all and euery the sayde former actes and Statutes shal be and remayne in their ful force strength and effecte toal
intentes constructions and purposes And further that Iustices of the peace in euery Shire citie towne corporate within the limittes of their seueral commissions shal by auctoritye of thys present act haue ful power to examine heare and determine the causes aboue sayd in the sayd two first actes specified and to put the sayde two fyrst statutes and euery braunche in them conteyned in due execution that frō henceforth condigne punishement be not deferred from suche offenders And for asmuch as diuers and sundrye malicious euyl dysposed persons maliciously sediciously rebelliously and vnnaturallye contrary to the duety of their fidelityes and allegiaūces haue now of late not only ymagined inuented practised spoken and spredde abrode diuers and sundry false seditious sclaunderous newes rumors sayinges and tales agaynst our moost dreade Soueraygne Lord and kyng and agaynst our moost naturall Soueraygne Ladye and Quene and agaynst eyther of them of whome we are forbidden to thinke euyl and much more to speake euyl which offence soundeth and is aswel to the greate dishoner reproche and sclaunder of their most excellent maiesties as also to the great sclaūder of this their realme and other their dominiōs but also haue deuised made written printed published and set forth diuers he ynous sedicious and sclaunderous writinges rimes ballades letters papers and bokes intending and practisyng therby to moue and styrre seditiōs discorde discētion rebellion within this realme to the greate peryll and daunger of the same For auoydynge wherof be it enacted by thauctoritie of this present Parliament that yf any person or persons after the .xx. day of February next ensuing and after open Proclamacion made of this Acte shal maliciously of his or theyr ymagination speake anye false sedicious slaūderous newes rumors sayings or tales of our said Soueraigne Lord king or of our said most natural Soueraigne Lady Quene that then al euery such person persones so offēding beinge therof cōuicted or attainted in forme hereafter in this Acte expressed shal for euerye fyrst offence in some markette place within the shyre Citie or Borough where or neare vnto the place where the said wordes were or shal be so spoken be set openly vpon the pilory 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 with in such cite or towne corporate thē by the principal officer or officers of such citie or towne corporate or his or they re ministers there to haue bothe his eares cute of onlesse he paye one hundreth poundes to the King and Quenes highnes vse within one moneth next after iudgement geuen of his sayd offence and also shal suffer imprisonment by the space of three monethes after such his or theyr execution And it is likewyse enacted by thaucroritye aforesayd that al and euery person persons whych after the sayde day and after Proclamation made of thys act shal maliciously speake any false seditious and slaunderous newes rumors or tales to the slaunder and reproche of our sayde Soueraygne lord the kynge or of our sayde most natural Soueraygne ladye the Queene of the speakynge or reportyng of any other that then all and euery such person or persons so speaking and reportyng being therof conuict or atteynted in forme hereafter in thys act expressed shall for euery such offence in some market place within the shyre citie borough or town wher or nere vnto the place where the sayd wordes were or shal be so spoken reported be set opēly vpon the pillory by the shyref or his ministers if it shal fortune to be wtout anye citie or towne corporat And yf it shal happen to be wtin any city or towne corporate then by the principal offycer or offycers of such city or towne corporat or his or their ministers ther to haue one of hys eares cut of onles he pay one C. markes to the kynges and Queenes hyghnes vse wythin one moneth next after iudgement geuen of hys sayde offēce also shall suffer imprysonmente by the space of one moneth after hys or theyr execution And be it further enacted by thauctoritye aforesayd that if any person or persons shall after the sayd day and after Proclamation made as is aforesayd maliciously deuise writ print or set forth any maner of boke time ballade letter or writinge conteynynge anye false matter clause or sentence of sclaunder reproche and dishonor of the kyng quenes maiesties or of eyther of them or to the encouraging sturring or mouing of any insurrection or rebellion wythin this realme or any dominions belongyng to the same Or whosoeuer shall maliciouslye procure any such booke rime ballade letter or writyng written prynted or set furth and the sayde offence not being punishable by the Statute made in the .xxvi. yere of the reigne of king Edward the third concerning treasons or declaratiō of treason that then and in euery such case the offender and offēders ther in after his or their conuiction or attaynder shal for his or their first offence in some market place within the shyre city or borow where the sayd offence is or shal be committed or done by the shirefe or his ministers yf it shal fortune to be without anye citie or towne corporate and yf within such citie or towne corporate then by the principall officer or officers of suche citye or towne corporate or by his or their ministers haue hys and their right hand strycken of And be it further enacted by thauctoritie asoresayd that yf anye person or persons being once lawfully conuicted of any of thoffēces aforesayd now prouided to be punished by the execution of losses of eare eares or hand as is aforesayd do afterwards eftsones offend in any of the offences aforesayde that then he or they so offendynge shal suffer imprisonment duryng hys or theyr lyues wythout baile or maynprise forfeyte and ●ose to the kyng and quenes maiestyes al hys and their goodes and cattels And be it also enacted by thauctority aforesayd that al Iustices of oyer determiner within the limittes of their commission Iustices of assise in their seueral circuites Iustices of gaole delyuerye Iustyces of peace aswel within the liberties as without within the limittes of their seueral cōmissions in their generall sessions or other sessions which they or two of them wherof one of them to be of the Quorum may and shall appoynt at theyr pleasure where and when nede shal require shal by vertue hereof haue ful power and auctoritie to enquire here and determine al and euery thoffentes aforesaid as in cases and trial of fellony And that the party indicted and arrained shal haue aduauntage of al maner of chalenges to the Iurie peremptorye chalenge only except as in trial of felony And also that euery Iustice of peace within the limittes of hys commission shall haue full power and auctoritye to commit any person being vehemently suspected of any of