¶An act touchynge letters patentes and other writinges, to be signed by the Quenes maiestie.
¶ The fyrst Chapter.
WHere in the Parlymente begonne and holden at Westminster, the seconde day of Apryl in the fyrst yere of the reygne of our mooste dreade and gracious Soueraygne Ladye the Queenes maiestye, and there cōtinued & kept til y e dissolutiō of the same being the fift day of May, thē next folowing, one acte was made touchinge y e articles of her highnes most noble mariage. In y • which act amōgest other thinges it was enacted, ordred, & established by thauctority of the said parliament, y t all and singuler giftes, grauntes, letters patentes, exchanges, confirmations, leases, and other writinges, which after the sayd mariage and during the same should passe, and be made of any benefices, offices, landes, reuenues, and fruites, or of any of them, should be intiteled and made in the names of our Soueraigne Lord the king, and of her most excellent highnes, whether his Maiesty should be present within the realmes and dominions of her highnes, or w tin any of them, or absent. An [...] that the same giftes, grantes, letters patentes, eschanges, confirmations, leases, and other writynges, so sette forth and made, should be sealed, and firmed with the signe manuel of her highnes, and the same so signed & sealed with the great seale of this realme or w t such seale as hath bene accustomed, should be by thauctoritie of the said parliament, demed, adiudged, declared, and pronounced, to be as good perfect, and of like force, strength, & effect in the lawe, to al intentes, constructions, and purposes, against our sayd Soueraigne Lord and Lady, the king and the Queenes maiestyes, and her highnes heires and successours, as yf her maiestye had bene at the tyme of the making therof, sole and vnmaried, and that al giftes, grauntes, letters patentes, eschaunges, confirmatiōs leases, and other writinges, which after the sayde mariage, and during the time of the same, should passe and be made of the said be nefices, offices, landes, reuenues, and fruites, or of any of thē wher vnto the signe manuell, of her highnes, shoulde not be sette made, or put, shalbe by thaucthoritye of the sayde parliament, from to tyme, demed, adiudged, accepted, taken, and decreed, to be of no force, ne effect, but vtterly frustrate and boyde in the lawe, to all ententes, con [Page] structions and purposes, the sayd mariage or any law, vsage, or custome, to the contrary in any wise not withstanding, as by the sayde act more at large doth appeare.
Sithence the making of which Statute, and the solemnisation of the sayd mariage the queenes most excellent maiestye hath bene greatly molested, greued, and troubled w t oftē signing of letters patentes, giftes, grauntes, eschaunges, leases, and other writynges, concerning and touchinge benefices, offices, landes, reuenues, and fruites, made and graunted by, and from our sayd soueraygne lord the kynge and her highnes, to sundrye of their most louynge subiectes, to whome also it hath bene, and is, no smal charge to attēde, vntyl such tyme as they may procure and obteyne the signe manuel of her highnes, vnto their sayd letters patentes, giftes, grauntes, eschaunges, confirmations, and leases, without which signe the same are vtterly voyde by force of the sayd statute, to the great daūger, losse, and vtter vndoing of diuers persons, that haue lately bought purchased or obtayned of our sayd soueraigne Lord and Lady, the kyng and Quenes maiesties, diuers landes, tenementes, and other hereditamentes to their great costes and charges.
For remedy wherof be it enacted by the auctoritie of this present parliament, that the sayde braunche or article touchinge or concernyng only the signing of letters patentes, giftes, grauntes, eschaū ges, confirmations leases, or of other writynges, for any landes, benefices, offices, reuenues, fruites, or other hereditamentes, shall be from henceforth clearely repelled, and made frustrate, and voyde, to al intentes and purposes.
And be it further enacted by auctoritie of this present parliamēt that al and singuler letters patentes, touching or concernyng anye gift, grannte, eschaunge, confirmation, lease, or other writynge, the whiche sithence the sayde mariage hath passed, and be made of any benefices, offices, manours, landes, tenementes, renenus, fruites, liberties, or other hereditamentes, or of anye of them in y e names of our most dread Soueraygne Lorde and Ladye, the kynge and the Quenes maiesties (the waraunt or writyng, or warauntes or wrytynges wherof being signed with her highnes signe manuel in such fourme order and degre, as the same heretofore haue bene accustomed to be signed, when her high nes was sole and vnmaryed) shalbe 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 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 w tin 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 y e 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 y t 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 shalbe allowed. And where suche for feyture shalbe found oute of any citie, boroughe, towne, lete, or lawe daye that the moytie of al such forfeytures, shalbe 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, shalbe 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, shalbe 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.
[Page] 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 y e 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 shalbe 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 shalbe 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 shalbe compelled by thys acte, to put away his prentise or hyred seruaunte before thende of y e 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 thend 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.
[Page iiii] 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 shalbe and remayne in their ful force strength and effecte, toal intentes, constructions and purposes. And further that Iustices of y e 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 y e greate [Page] 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 offē ding, 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 shalbe so spoken, be set openly vpon the pilory, by y e 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 y e principal officer or officers of such citie or towne corporate, or his or theyre ministers, & there to haue bothe his eares cute of, onlesse he paye one hundreth poundes to y e 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 shalbe so spoken & reported, be set opēly vpon y e pillory by the shyref or his ministers, if it shal fortune to be w tout anye citie or towne corporat. And yf it shal happen to be w tin 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 [Page v] 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 y e 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 shalbe 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 the sayd offences to ward, there to remayne without bayle or mainprise, vntil he shalbe deliuered accordyng to this act.
Prouided alwayes and be it enacted by thauctorytye aforesayde that no maner of person or persons shalbe molested, or impeched for any of thoffēces, concerning speaking, or reporting as is aforesayde [Page] oneles he or they be thereof accused and conuicted wythin thre monethes, next after his or their sayd offence so committed or done. And in case any person shalbe imprysoned for any of the sayd offences, concerning speakynge or reportyng, and not therof conuicted, within thre monethes, next after his offence supposed to be by him done and cōmitted, that then the person so imprysoned shalbe set at lyberty and no lenger deteyned in pryson.
Prouided also, and be it enacted by auctoritie aforesayd, that euerye suche Maiour, Maiours, Bayliffes, and other heabe offycer and officers of cytyes, borowes, and townes corporate which haue or hereafter shall haue iurisdiction and auctoritie, within the seueral limittes of thyr office or offices, to hold and kepe sessions as iustice or iustices of y e peace shal, and maye by auctority hereof, aswell arrest & commit to ward, all and euery person and persons beyng vehemently suspected of any of thoffences aforesaid, as also to procede to the execution, hearing & determining of euery y • sayd offences, and to see, and make due execution therof, according to the purporte, meaninge and effecte of thys present acte. Any thinge in the same act heretofore made to the contrary notwithstandyng.
Prouided alwayes, that the sayd Iustice of peace, aswel wythin liberties as without, the which shall for any the offences aforesayd, commit any person or persons towarde, as is aforesayd, shal wythin tenne dayes next after such committyng, with one other Iustice wherof one of them to be of the Quorum, directe theyr precepte to the Sheri [...]e or Sherifes of the countie where thoffence shalbe commited, or to other ordinary officer, if it be within any cyty, or town corporate, where the Sherife can not intromit, commaunding him or them by the same impanel and retourne, as they shal assigne .xxiiii. good and lawful men of hys or their bayliwike or bayliwikes to en quyre of the sayd offence or offences the whiche any such person or persons shalbe so imprysoned for. And thervpō within one moueth after the date of the said precept to procede & determine, as aboue is expressed. Euerye one of the same Iustices, vppon payne of .x.li. to be payed to the kyng and Quenes hyghnesses, as often as they shalbe founden in defaulte of any the same.
Prouyded also, and be it enacted, that thys act shalbe proclamed in al the shyres within thys realme, before the .xij. day of February next commyng to thintent that al persons may haue notice therof and auoyd the peryl and daunger that myght ensue by offe [...]dyng agaynst the same. And thys act to be only in force, vntil the ende, of the next parlyament, and no longer.
Prouyded alwayes, and be it enacted by thauctorite aforesayde, that none of the peares of thys realme shalbe arested or imprisoned for any of the said offences, but only by order or commaundement, [Page vi] geuen from the kyng and quenes priuye counsayle, or of the heyres of the quene, and that the sayd peares, and euery of them, that shall hereafter fortune to be indicted of any thoffences aforesayd, shalbe tried by their peares, as before hathe bene accustomed in cases of treason or fellonye.
¶ An act for the punishement of certayne persons calling them selues Egiptians. ¶ The fourth Chapter.
WHere in a parliament holden at Westminster in the .xxij. yere of the reygne of our late Soueraygne lorde kyng Henry theyght (for the auoydinge & banyshyng oute o [...] this realme of certaine outlādishe people, callynge them selues Egiptians, vsing no craft nor feate of marchaundises for to liue by, but going frō place to place in great companies vsyng great, suttel, & crafty meanes, to disceaue the kynges Subiectes, bearing them in hand, that they by palmestry could tel mens and womens fortune, and so many times by craft and subteltie disceyue the people of their money, and committed diuers great and heynous fellonyes and robberies, to the great hurt & disceyt of the people). It was amongest other thinges then enacted, that frō the tyme of the making of the sayde acte, no suche personnes shou [...]de be suffered to come within this the kynges realme, vpon payne of forfeyture to the kyng al their goodes and catels, and then to be commaunded to auoyd the realme within .xv. dayes next after the commaundement, vpon payne of imprisonment, & such persons callyng themselues Egiptians, as then were within thys realme, shoulde depart within .xvi. dayes next after proclamation of the sayde acte vpon payne of imprisonment and forfeyture of all their goodes and cattels w t diuers other clauses & articles cōteyned in the sayd acte, as by the said act more at large it appeareth. For asmuch as diuers of the sayd company and such other lyke persons not fearynge the penalty of the sayd Statute, haue enterprised to come ouer againe into this realme vsyng their old accustomed deuilysh and noughty practises and deuises, with such abhominable lyuyng as is not in anye Christian realme to be permited, named, or knowen, and be not duly punyshed for the same, to the peryllous and euyl exāple of our soueraygne lord and lady the kynge and the Queenes Maiestyes mooste louyng subiectes, & to the vtter and extreame vndoynge of diuers and many of them as euidently doth appeare.
For reformation wherof be it ordeyned and enacted by the king and quene our soueraygne Lord and Lady, the Lordes spirituall and temporall, and the commons in presente parliament assembled, and by thauctoritie of the same, that yf any person or persōs after y e [Page] last daye of Ianuary next commyng, do willyngly transport, bring and conuey into this realme of England or Waies, any such persōs callynge them selfes or cōmonlye called Egiptians, that then he or they, so transporting, bringing, or conueying in, any suche persons, contrary to the true meaning of this acte, shall forfeyte and lose for euery tyme so offendyng .xl. pounds of lawful money of England.
And be it further [...]nacted by thauctority aforesayd, that yf anye of the said persons called Egiptians, which shalbe transported and conueyed into this realme of England or Wales, as is aforesaid, do continue & remayne within the same, by the space of one monethe, that then he or they so offending, shall by vertue of this acte, be demed and iudged a fellon, and fellons, and shal therefore suffer paynes of death, losse of landes & goodes, as in cases of fellony, by thorder of the common lawe of this realme, and shall vpon the tryall of them, or any of them, therin, be tried in the countie, and by thinhabitauntes of the countie or place, where they or he shalbe apprehēded or taken, and not per medietatem linguae and shal lose the benefit and priuiledge of sanctuary and clergye.
And be it further enacted by thauctoritye aforesayd, that yf the Egiptians or other persons commonly callyng them selues Egiptians and euery of them now beyng within thys realme of Englād or Wales, do not depart out of the same within .xx. daies next after proclamation of thys present acte shalbe made, that then he or they which shal not depart within the said time, accordynge to the true meanyng of thys act, shal forfeyte and lose al hys and theyr goodes and cattels, and that then it shalbe lawfull to al and euery the king and the Quenes subiectes to sease the same, thone moyte therof to be to the vse of our soueraygne lord and lady the kyng & the quene and thother moyte therof to be to the vse of hym or thē that shal so sease the same.
And be it also enacted by thauctority aforesayde, that yf the Egiptians and other persons commonly called Egiptians, and euery of them now beinge within this realme of England or Wales, do not depart out, and frō the same, within .xl. dayes next after proclamation shalbe made of this act▪ that then he or they, which shal not depart, and auoyd within the sayd time of .xl. dayes accordyng to the true meanyng of this act, shalbe iudged and demed accordynge to the lawes of this realme of England a fellon and fellons & shal suffer therfore paynes of death, losse of landes and goodes as in other cases of fellony and shalbe tryed as is aforesayd, & wythout hauing any benefite or priuilege of sanctuary and clergie.
And be it further enacted by thauctoritie aforesayd, that yf anye person after the fyrst day of Ianuarye next cōmyng, shall sue for the obteyning of any licence, letter, or pasport, for any of the sayde persons [Page vii] called Egyptians, to abide or continue, within this realme of Englande or Wales, contrary to the tenoure of this acte, that then euery such person so suing, shall forfeyte and lose for the same fortye ponnds of lawefull monye of Englande, and that euerye suche license, letter and pasporte, shalbe by vertue of this acte, voyde, to al intentes & purposes, thone moytie of all whych summes of moneye to be forfeited, as is beforesayde, shalbe to the kyng and Quene our Soueraygne Lord and Lady, and the other moyte therof to be to him or them, that wyl sue for the same, in any courte of recorde, by action of decte, byl, plaint, or information, wherein any essoygne, wager of lawe, nor protectyon, shalbe admitted and allowed.
Prouyded alwayes and be it enacted by thauctoritie aforesayde, that thys present acte, nor any thynge therein conteyned, shal not extende, nor be hurtefull to any of the sayd persones, commonlye called Egyptians whych within the sayde tyme of twentye dayes nexte after the sayde proclamation to be made, as is before saide, shall leaue that noughtye ydle, and vngodly lyfe, and company e, and be placed in the seruice of some honeste and able inhabitaunte or inhabytauntes, within this realme, or that shal honestly exercise him selfe in some lawe full worke or occupation, but that he or they so cōtinuing in seruice or other lawful worke or occupation, shal during such time as he or they shall so continue, be discharged of all paynes, and forfeytures contayned in this acte.
Prouided also and be it enacted by the aucthoritie aforesaide, tha [...] this acte shall not in any wise extende to anye chylde or children, being not aboue the age of .xiii. yeares, nor to any of the said personnes, being nowe in prison so that he or they so being in prison, doo departe out of thys realme, within .xiiii. days next after his or their deliuery out of pryson, nor shall extende to charge any maner of person or persones, as accessary to anye offence or offences, conteined or specified in this estatute.
¶ An acte to restrayne carriing of corne, victuals, and woodde ouer the sea. ✚ The .v. Chapyter.
WHere as sundrye good estatutes and lawes hath bene made within this realme in the tyme of the Queenes highnes most noble progenitours that none shuld trāsporte, carye or conueye oute of thys realme into anye place in the partyes beyond the seas any corne, butter chese▪ or other victuall (excepte onelye for the vitaling of the towne of Caleys, Hames, & Guysnes, and the marches of the [Page] same, vpon dyuerse greate paynes and forfeytures in the same conteyned, that notwithstandyng many and sundrye couetous and vnsacyable persones, sekyng their onely lucres, and gaines, hath, and dayelye doeth cary and conueigh innumerable quantitie, aswel of corne, chese, butter, and othe [...] victual, as of woode out thys realme, into the parties beyonde the seas. By reason whereof the sayd corne, vyctuall & wood are growen vnto a wonderfull dearthe, and extreame pryces, to the greate detriment of the Commonwealth of this your hyghnes realme and your faythfull subiectes of the same.
For remedy whereof, it may please youre hyghnes that it maye bee enacted, and be it enacted by youre highnes by thassente of the lordes spirituall and temporall, and the commons in this present parlyament assembled, and by thauctoritie of the same, that no maner of personne or personnes, after the .xx. daye of Ianuary next commynge shall carye & transporte out of this realme by anye Shippe, Craier, or other vessell, whatsoeuer, into anye place in the parties beyonde the seas, or into the realme of Scotlande, any wheate, rye, barley, or other corne or grain, growing within this Realme, or anye malte made within the same, or any bere, butter, chese, herrynge, or wodde, excepte onely to and for the victualing and furniture of the townes of Callys, Hames, and Guysnes, and to the towne of Ba [...]wycke and the marches of the same, wyth out sufficient and lawefull aucthoritie so to do, vpon the paines and penalties hereafter ensuinge, that is to saye, thowner and owners of the sayde shyppes and other vesseles, to forfeyte the sayde shyppes, craiers and other vesseles, with al their apparels, to them and euerye of them belongyng, wherein the sayde corne, butter, chese, herrynge, vyctuall, or wodde, shalbe so transported and caryed, and the owners and owner of the sayde corne, butter, chese, hearynge, and wodde to forfeyte the double valewe of the same, so caried and conueyed, and the mayster and mareners of euery of the sayde shippes craiers, and vessells for euerye suche offence, to forfeyte all their goodes, and to be imprysoned, by the space of one whole yeare without bayle or maynepryse.
And be it further enacted by thauctoritie aforesayde, that yf anye person or persones, after the sayde twenty day of Ianuary do cary and conueye awaye by Boote, Crayer, or other vessell, or otherwyse anye wheate, rye, barleye, malte, or other corne or grayne, or any beare, butter, chese, herryng, or wodde to anye Shyppe or vessell beynge on the Seas, or within any Hauen, creke, or other place of the border of thys Realme to be transported, caried, and conueyed into anye place in the parties beyonde the Seas, or into the realme of Scotlande, wythout sufficient aucthoritie so to doo, that then euery owner of the sayde vyctualls corne, and other thynges aboue sayde soo transported or caryed and the owner and owners of euerye suche bote or Ʋessell, and the botemen and mareners of the same shall loose, forfeyte, and suffer all [Page viii] suche forfaytures, paynes, and penaltyes as is aboue rehearsed, thone moytye of all, and euery whiche forfayture or forfaytures, to be to the Kynge and Queenes hyghnes, theyre heyres and successours, and thother moytie to hym or them, that wyll sue for the same by byll, information, action of debte, or otherwyse in anye of the Kynge and Queenes hyghnes courtes of recorde, in whiche action, byll, or suite, the defendaunte shall not wage hys lawe, nor haue any essoygne or protectyon to hym allowed.
And be it enacted by thauctoritie aforesayde, that yf any person or persons shall obtayne of the kynge and Queenes maiesties, their heyres or successoures, or of any of them, any licence to cary and transporte any corne, victuall, or wodde, into any parties beyonde the seas, that if he or they, to whome any such licence, shalbe graunted, or any other, to whome such person or persones, hauynge such licence, shall gyue, graūt or [...]ell his or their said licence vnto, shall cary, and conueye or cause to be caried and conueyed any more corne, victuall, or woodde then shalbe conteined in hys or their sayd licence shall forfeyte the treble value▪ of the sayde corne, victuall, or woode so caried and transported, wythoute sufficient authoritie, and shall suffer imprisonment for one whole yeare in the common gaole, where he shalbe apprehended, there to remayne without bayle or maynepryse.
And be it further enacted by thaucthorite aforesayde, that no maner of person or persones, after the sayde .xx. day of Ianuary, that shall obteyne, or haue any such licence for transportynge and carienge anye corne victuall or wodde, into any parties beyonde the seas, shal shippe lade, and fraughte the same, or anye parte thereof, at sondrye places within this realme, but at one place certayne, vpon payne of forfeyture of the sayde corne, victuall & wodde, and all his goods & cattels thone moytie there of to the Kynge and Quenes maiesties, their heires and successours, and thother moytie to him or them that wyll sue for the same by action of debte, byll playnt information or otherwyse, wherein no wager of lawe, essoygne or protection shalbe to hym or them allowed.
And for the better executyon of this acte, be it further enacted by the aucthorytie aforesayde, that all and synguler Iustyces of peace, as well within the liberties as withoute, within their seuerall aucthorityes and commyssions at any tyme, with in three yeares nexte after suche offences committed, shall haue full power and aucthorytie to enquire as well by the othes of twelue lawfull men, as also to heare and examyne the mayster, maistres, and mareners of the sayd shyppes, crayers, & other [...]essels, and all, and euerye other persone and persones, of all, and synguler thoffenders agaynst this presente Acte, and to heare and determine the same offences, as they maye, and ought to here and determine any other trespasses, or offences.
[Page] Prouyded alwayes, and be it enacted by thauctoritie aforesayde, that at all time and tymes hereafter, when the common price of corne within this realme is, that wheate shall not exceade the pryce of .vi. s. viii. d. the quarter, and rye .iiii. s, the quarter, and bareleye. iii, shillings the quarter, it shalbe lawefull to euery person and persoues to cary and transporte ouer the sea, to any place beyonde the seas at their pleasure of the sayde kyndes of corne, so that it be not to the Kyng and Quenes enemyes.
Prouided alwayes, and be it enacted by thauctoritie aforesayde, that thys Acte, ne any thinge therein contained, shall extende to anye person or persones for the necessary victeling of any shyppe, shyppes, or other vesseles, but that they, and euery of them, maye victayle the said shyppes and vessels, as they myght haue done before the makynge of this present acte. This acte or any thynge therein conteined to the cō trary notwithstanding.
Prouyded alwayes, and be it enacted by thaucthoritie aforesayde, that this acte, or any thinge therein conteined, shall not be preiudicyall or hurtefull vnto the Lorde greate admirall of Englande, for the time beinge, or to the Kynge and Queenes maiesties iurisdiction of the Admiraltie, but that the sayde Lord Admiral, or his deputie, or deputies, maye, and shall exercyse, vse, and execute all kynde of iurisdiction, belongyng to the sea accordyng to his or their cōmissions, as they might lawefullye haue done heretofore. This acte, or any thinge therein conteyned to the contrary notwithstandyng.
¶ An Acte for the reuiuing of three Estatutes made for the punyshment of heresies. The .vi. Chapyter.
FOr the eschuing and auoydyng of errours & heresyes, whych of late haue rysen, growen, and muche increased within this realme, for that the Ordinaryes haue wanted aucthoritie to procede agaynste those, that wer infected therewith. Be it therefore ordeyned and enacted by the aucthoritie of thys presente parliamente, that the Statute made in the fyfte yere of the reigne oi kyng Richard the seconde, concernynge the arresting and apprehension of erronyous and hereticall preachers, and one other Statute, made in the seconde yeare of the reigne of kyng Henry the fourth, concernynge repressing of heresies, and punyshmente of heretikes, and also one other Estatute made in the Seconde yere of the raynge of Kynge Henrye the fyfte, concernynge the suppressyon of heresye and lollardye, and euerye Article, Braunche, and sentence conteigned in the same three seuerall [Page ix] actes, and euery of them, shall from the twenty daye of Ianuary nexte comming, be reuiued, and be in full force, strengthe, and effecte, to all inintentes, constructions & purposes, for euer.
¶ The tenor of the acte, made in the fiueth yere of kyng Richard, is as foloweth. Chapiter .v.
ITem forasmuch as it is openlye knowen, that there be diuers euil persones within the realme goyng from coū tie to countie, and from towne to towne, in certayne habites, vnder dyssimulation of greate holynes, and without the licence of the Ordinaryes of the places, or other sufficient ancthoritie: prechyng dayly, not onely in churches and churchyards, but also in markets, Faires, & otheropen places where a great congregacion of people is, diuers sermones conteining heresies, and notorius erroures, to the greate embleamishynge of the chrysten fayth, and destruction of the Lawes, and of the estate of holye Churche, to the greate pericle of the soules of the people, and of al the realme of Englande, as more playnely is founde, and sufficientlye prouyd, before the reuerent father in God the Archebishop of Canterburye, and the Bishoppes, and other prelates, maysters of diuinitie, and doctoures, of Canon and of ciuile, and a greate parte of the clergye of the sayde realme, specially assembled for this cause, whych persones do also preach diuers matters of slaunder, to engender discorde and dissention betwixt diuers estates, of the said realme, aswelspiritual as tē poral in exciting of the people to the greate peril of al the realme, which preachers cited or sommoned before the ordinaries of the places, there to aunswere of that where of they be impeched, wil not obeye to there summons and commaund ements, nor care not for their monicions nor Sensures of the holy churche, but expressely dispise them. And moreouer, by their subtyl and ingenious wordes, do draw the people to here their Sermons, and do maintayne them in their errours by stronge hand, and by greate routes. It is ordeined and assented in this present Parliament that the kynges commissions be made and directed to the Sheryffes and other ministers of our souer aygne Lorde the kinge or other sufficiēt persones learned, and accordyng to the certificatiōs of y e prelates thereof to be made in the Chauncery, from tyme to tyme to arrest al such preachers, and also their fautours, mainteiners, and abbettours, and to holde them in arrest and strong prison, tyll they wyll iustifye them, accordyng to the lawe and reason of holy Church. And the kynge wyll and commaundeth, that the Chauncelloure make such cō missyons at all tymes, that he by the prelates, or any of them shall be certyfyed, and thereof required, as is aforesayde.
¶ The tenor of the seconde acte, made in the second yeare of kynge Henry the .iiii. is as foloweth. Cha. xv.
ITem where as it is shewed to oure Soueraygne Lorde the kynge, on the behalfe of the prelates and Clergye of hys realme of Englande in this presente Parlyamente, that although the catholyke fayth buylded vpon Chryste and by his Apostles, and the holy churche suffycyentelye determined, declared, and approued, hathe bene hether to by good and holy, and moste noble progenitoures of oure soueraigne Lorde the kynge in the saied Realme, emongeste all the realmes of the worlde, mooste deuoutlye obserued, and the Churche of Englande, by his sayd moste noble progenitours and auncestoures, to the honoure of God, and the whole Realme aforesayde, laudablye endowed, and in her ryghtes and lyberties susteined, without that that the same faith, or the sayde Churche was hurte or greuouslye oppressed, or ells perturbed by anye peruerse doctrine, or wycked hereticall or erronious opinions, yet neuerthelesse dyuers false and peruerse people, of a certayne new secte of the fayth of, the Sacramentes of the Churche, and the aucthorytye of the same, damuably thinkynge and agaynst the lawe of GOD, and of the churche, vsurpyng the offyce of preachynge do peruerslye and maliciouslye, in dyuerse places within the sayde realme, vnder the colour of dissimuled holynes, preach and teach these dayes openlye and priuelye, diuers newe doctryues, and mycked heretical and erronious opinions contrarye to the same faythe, and blessed determinacions of the holye Churche. And of suche secte and wycked doctryne and opinions, they make vnlawefull conuenticles, and confederacies, they holde and exercyse scholes, they make and wrytte bokes, they do wickedly instructe & infourme people, and asmuche as they maye excite and stirre them to sedition and insurrection, and maketh great stryfe and diuision emonge the people, and other enormities horrible to be heard, daylye doo perpetrate and commit, in subuercion of the sayde catholyke faith, and doctryne of the holy churche, in diminucion of Gods honoure, and also in destruccion of the estate, ryghtes, and liberties of the sayde churche of Englande, by which secte and wycked and false preachynges, doctrynes, and opmions of the sayde false and peruerse people, not onely most greatest peryll of the soules, but also manye more other hurtes, slaunders, and peryles (whych God prohibite) myghte come to thys realme onlesse it be the more plētifullye and spedely holpen by the kynges maiestie in this behalfe, namely where as the diocesans of the sayd realme cannot by their iurisdiction spirituall without ayde of the sayde royall Maiestie, sufficientlye correcte the sayde false and peruerse people, nor refrayne their malice, because the sayd false and peruerse people do go from Dyoces to Dyoces, and wyll not appeare before the sayde Diocesans, but the same Diocesans, and their iurisdiction spirituall, and the [Page x] kayes of the churche, with the censures of the same, doo vtterlye contem [...]e and dispise, and soo their wicked preachynges and doctrines, doeth from daye to daye continue and exercise, to the hatrede of right and reason, and vtter destruction ordre and good rule. Ʋpon whyche nowelties and excesses aboue rehersed. The Prelates and clergye aforesayd, and also the commons of the sayd realme, being in the same parliamēt, praying our soueraigne Lord the king, y e his roial highnes woulde vouchesafe in the sayde parliamente to prouyde a conueniente remedie, the same our soueraygne Lord the kyng, gratiouslye cōsideryng the premisses, and also the laudable steppes of his sayde moste noble progenitiours and auncestours, for the conseruation of the said catholyke faythe, and sustentation of Goddes honour, and also the safegarde of the estate, ryghtes, and liberties of the sayde Churche of Englande, to the laude of God, and mer [...]e of our sayde soueraygne lorde the kynge, and prosperitie & honour of all his sayde realme, and for the eschewinge of suche dissentions, diuisions, hurtes, slaunders, and peryles, in tyme to come, and that this wicked secte, preachynges, doctrynes and opinions, shoulde from hence for the cease, and be vtterlye destroyed, by thassente of the states, & other discrete men of the realme beyng in the sayde parliament, hath graunted, stablished, and ordeined frō henceforth, fermely to be obserued, that none within y e said realme or any other dominions, subiectes to his royall maiestie, presūe to preache openly or priuelye without the licence of the Diocesan of the same place, fyrs [...]e required and obteined, curates in their owne churches, & persones hetherto priuileged, and other of the canon lawe graunted, onelye excepte. Nor that none from henceforthe anye thynge preache, holde teache, or instruct, openly or priuelye, or make or wrytte any boke contrarye to the catholyke fayth or determination of the holy church [...] nor of suche secte and wicked doctrines and opinions, shall make anye conuenticles, or in any wyse holde or exercyse Scholes. And also that none from hence forth in any wyse fauoure suche preacher, or maker of any such, and lyke conuenticles, or holdynge or exercysynge scholes, or makynge or writing suche bokes, or so teachynge infourmynge, or exciting the people nor any of them maintaine, or in anye wise susteyne And that al, and singuler hauynge suche bookes or anye wrytynges of such wycked doctrine and opinions, shall really with effecte delyuer, or cause to be deliuered al suche bokes and writinges to the Dyocesan of the same [...] lace, within .xl. dayes from the tyme of the proclamation of thys ordinaunce and statute. And yfany person or persones, of whatsoeuer kynde, estate, or condition that he or they be from henceforth do or attempte agaynst the roial ordinaunce & statute aforesaid in the premisses or in any of them or suche bokes in the fourme aforesaid do not deliuer, then the diocesan of the same place in his dioces, suche personne or persones in this behalfe defamed, or euidently suspected & euerye of thē [Page] may by the aucthoritie of the sayde ordinary and Statute, cause to be arrested, and vnder saufe custody in his prisones to be deteined, tyll he or they of the articles layed to him or them in this behalfe, doo canonycallye purge him or themselfe, or ells such wycked secte, preachynges, doctrynes, and hereticall and erromous opiniōs, do abiure, according as the lawes of the churche, doth require, so that the sayde dyocesan by him selfe, or his commissaryes, do openly and iudicially procede against such persones so arrested, and remaynynge vnder his sause custodye to all effecte of the lawe, and determine that same busines, accordynge to the Canonicall decrees, within three monethes after the sayde arreste any lawefull impedimēt ceassynge. And yf any person in any case aboue expressed, be before the diocesan of that place, or his commissaryes canonicallye conuicte, then the same diocesan may do to be kept in his prison the sayde person so conuicte, for the maner of his default, and after the qualitie of the offence, accordyng and as longe as to his dyscretyon shall seme expediente, and moreouer to put the same person to the secular court, excepte in cases where he accordyng to the canonicall decree ought to be left, to paye to our soueraygne lorde the kyng, his pecunier fine, accordyng as the same fyne shall seme competente to the dyocesan, for the maner and qualitie of the offence, in whyche case the same dyocesan, shalbe bounde to certifye the kynge of the same fine in hys esche ker, by his Lettre Patentes, sealed with his seale, to the effecte that suche fyne by the kynges aucthoritie, maye be required and leuyed to his vse of the goodes of the same person so conuycte. And yf any persō within the sayd realme and dominions, vpon the sayde wycked preachynges, doctrynes, opinions, schooles, and hereticall and erronious informations, or any of them be before the diocesan of the same place, or his commissaryes sentenciallye conuicte & the same wicked sect, preachynges, doctrynes, and opinions, scholes, and informations, do refuse duelye to abiure, or by the dyocesan of the same place or his commyssaryes after the abiuration made by the same person pronounced, fal into relapse, [...]o that accordynge to the holy canons, he oughte to be left to the seculer courte, wherevpon credence shalbe geuen to the Dyocesan of the same place, or to his commissaryes, in thys behalfe, then the sheryffe of the countie of the same place, and Maior and sheryffes or sherife, or Mayor and Baylyffes of the Citie, Towne, and borowe of the same countie nexte to the same diocesan, or the sayde Commissaryes, shalbe personallye presente in preferrynge of such sentences, when they by the same diocesan, or his commissaryes shalbe required, and they the same personnes and euerye of them, after suche sentence promulgate, shall receaue, and them before the people in an hyghe place dooe to be brente: that suche punyshmente maye strike in feare to the myndes of other, whereby no such wycked doctrine and hereticall, and erronious opinions, nor their abbettoures and fautoures in the said realme & dominions [Page xv] agaynst the catholike faith, christen lawe & determination of the holy church (which god prohibite) be susteined, or in any wise suffered, in which al and singuler the premisses, concerning the said ordinaunce and statute, the sheriffes, maiors, and baliffes of the said counties, cities, boroughes, and townes, shalbe tendyng, aydynge, and supportyng, to the sayd diocesans and their commissaries.
¶ The tenor of the third act, made in the second yere of kynge 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 cōmonly called lollardry, as by other of their confederatie, excitation, & abbetment, now of late were made to the intent to adnul, distroy, and subuerte the christen faythe, and the law of god and holy Churche within this same realme of England, & also to destroye the same our soueraygne lord the kyng, & all other maner of estates of the same realme of Englād, aswel spiritual as temporal, and also al maner of policye and finally the lawes of the land. The same our soueraygne lorde the kyng, to the honor of god, & in conseruation & fortification of the christen faithe, & also in saluation of hys royal estate, & of the estate of al his realme, willing agaynst the malice of such heretikes & lollardes to prouide a more open remedy & punishement then hathe bene had & vsed in the case hertofore, so that for feare of the same lawes and punishement such heresies and lollardries may y • rather cease in tyme to come, by the aduise & assent aforesayd, at the praier of the sayde commons hath ordeyned & established: that fyrst the chaunceler, treasurer Iustices of the one bench and of the other, Iustices of peace shirefes, maiors, and baylifes of cities and townes, and al other officers, hauing gouernance of people, which now be, or hereafter for the tyme shalbe, shal make an oth in taking of theyr charges and occupatiōs, to put their hole power & diligence, to put out & do to be put out, cease, & destroy al maner of heresies & errours, cōmonly called lollardries, w tin the places wher they exercise their offices & occupations from tyme to tyme w t al their power, and that they assiste the ordinaryes and their cōmissaries & them fauor & maintaine as often as they or any of thē to y e shalbe required by the same ordinaries or their commissaries, so y t when the said officers & ministers trauayle or ride to arrest any lollard, or to make assistence at y e instance & request of the ordinaries or their cōmissaries by vertue of this statute y e the same ordinaries & cōmissaries shal pay for their costes reasonable. And y t the kyngs seruices to the which y e same offycers be fyrst sworne, be [Page] preferred before al other statutes for y e libertie of holy church, & the ministers of the same, & in espicial for the correction & punishmente of the heretikes and lollardes before this time made & not repelled being in their force. And also y e al persons cōuict of heresie, of what estate, condition or degre y t they be, by the sayd ordinaries or other cōmissaries left to the seculer power, according to the lawes of holy church, shal lose and forfeyt al theyr lands and tenementes, whiche they haue in fee simple in the maner as foloweth, that is to say, that the king haue al the lands & tenementes, which the sayd conuictes haue in fee simple & holden of him immediatly as forfeyt, & that the other lords, of whom the lands & tenementes of such conuictes be holden immediatly, after y t the kyng is so seaced & answered of the yere the day, and the wast, haue liuery our of the kynges handes of y e landes & tenemētes aforesaid of thē so holdē, as it hath bene vsed in y e case of attainder of felonie, except y e landes & tenemētes, which be holden of t he ordinaries or their cōmissaries, before whome any such persons impeched of heresie be cōuict, which landes & tenemē tes, i [...]rly shal remayne to y e kyng as forfayte. And moreouer y t al y e goods & cattels of these persons so cōuicted, be forfait to our soue raygne lord the kyng, so y t no person conuict of heresy, & left to y e seculer power after the lawes of holy church, shal for feyt his lāds before y t he be dead. And if any such person so cōuict be enfeffed be it by fyne by dede, or w tout dede in lādes or tenementes, rentes or seruices in fee or otherwyse, or hath any other possessiōs or catels by gift or graūt of any person or persōs to anothers vse thē to y e vse of such conuictes, y e the same lands nor tenementes, rētes nor seruices, nor such other possessions, nor catels shalbe forfeit to our soueraign lord the king in no wise. And moreouer y t the iustices of y e kings bench, & iustices of pece, & iustices of assise, haue ful power to enquire of al thē which hold anierrors or heresies, as lollards, & which be their main teine [...]s, receyuers, fauorers & susteyners cōmen writers of such bokes, aswel of y e sermons, as of their scoles, conuēticles, congregatiōs and confede racies. And y e thys clause be put in commissions of y e iustices of y e peace. And if any persons be indicted of any points aforesaid y e sayd iustices shal haue power to award against thē a capias and the shiref shalbe boūd to arrest the person or persons so endicted as sone as he mai thē [...]ynd by him or by his officers. And forasmuch as the cognisance of heresy, errors & lollardries, belongeth to y e iudges of holy church, & not to the seculer Iudges, suche persons indicted shalbe delyuered to the ordinaries of y e places or to theyr commyssaryes, by indentures betwyxt thē to be made, wythin .x. dayes after theyr arrest, or soner yf it may be, therof to be acquit or conuict by y e lawes of holy church, in case y t these persons be not indicted o [...] another thyng, wherof y e cognysaunce belongeth to the seculer iudges [Page xii] 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 shalbe sent in safegarde to the sayde ordinaryes, or to their cōmissaries, and to them deliuered by indentures as before, to be acquite or conuict of such lollardries, errours, or heresies, as is aforesayd, after the lawes of holy churche, and that within the terme aforesayde.
Prouided alwayes that the sayde endictementes be not taken in euidence but for information before the spirituall Iudges agaynst suche persons so endicted, but that the ordinaries commence theyr processe agaynst such persons endicted in y e same maner as though no endictment were, hauyng no regarde to such endictmentes.
And yf anye be endicted of heresye, errour, or lollardrye, and taken by the Shyreffe or other officer, he shalbe let to maynpryce wythin the sayde tenne dayes by good suerty, for whom the sayd shyreffes or other officers wyl aunswere, so that the sayde person or persons, which were so endicted, be ready to be deliuered to the sayde ordinaries or to their commissaries, before the ende of the sayde tenne dayes, yf he may by any meanes for syckenes. And euery ordinarye shal haue sufficient commissaries, or commissary dwellyng in euery countie in a place notable, so that if any such person so endicted be taken, that the sayde commissaryes 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 persō so endicted by indentures as before. And that in the inquest in thys case to be taken, the shyreffes and other officers, to whome it beloogeth shal do to be empanelled good and sufficient persons, not suspected nor procured, that is to say, that euery of thē which shalbe so empanelled in suche inquest, haue wythin the realme of England .C. s. of landes, tenementes, or of rent by yere, vpon payne to lose to the kynges vse .x. li. and thei which shalbe empanelled in such inquestes in Wales, euery of them shal haue to y e value of .xl. s. by yeare. And yf anye suche person be arrest, be it by the ordinary, or by the kynges officers or ministers, & escape or breake the prison, before y t he be acquit before the ordinary the goodes and cattels whiche he hadde the daye of suche arreste, shalbe forfeyte to the kynge, and hys landes and tenementes, whych he had the same daye seased also into the kynges handes, the kyng shal haue the profytes therof from the sayd day, vntyl he be yelded to the pryson frō which he escaped. And that the forsayd Iustices haue ful power to enquire of al such escapes, breakyng of pryson, and also of lands 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 conuict it shalbe lawfull to his heyres [Page] to enter into y e landes and tenementes of their auncestre, without any other pursuyt makynge to the kyng for thys cause, and then al they which haue libe [...]tyes and fraunchises royall in England, as in the countie of Chester, the countie and liberty of Durham, & other lyke, and also al y e Lordes, which haue iurisdiction and fraunchisns royal in Wales, where the kynges writtes do not run, haue power to execute and put in due executiō these articles in al pointes by thē or by theyr officers, in like maner as the Iustices and other the kinges offycers before declared shoulde doe.
¶ An act that persons dwellyng in the countrey, shal not sel diuers wares in cities or townes corporate by retayle. ¶ The .vii. Chapter.
VVHere before this tyme y e auncient cities, boroughes townes corporat, and market townes within thys realme of Englād, haue bene very populous, & chiefly inhabited with marchantes, artificers, & handye craftes mē, during which time y e childrē in the sayd cities, borowes, townes corporat, & market townes were ciuilly brought vp, and instructed, and also the sayd cities, borowes and townes corporate, kept in good order and obeysaunce, and the inhabiters of the same wel set on worke, and kept from ydle nes. By reason wherof the sayde cytyes, borowes and townes corporate, did then prosper in riches and great wealth, & were as then not only able to serue and furnysh the kyng and quenes maiesties, and other their noble progenitours kynges of thys realme, aswell with great numbers of good able persons, and wel furnyshed mete for the wares, as also then charged, and yet chargeable, with great fee farmes, quindemes, taxes, and diuers other paymentes to the kyng and Quenes maiesties, which at this present they be not able to paye & beare, but to their vtter vndoing, beyng fewe in number to paye and bear the same, but also the same cities, boroughes, and townes corporat, are lyk to come very shortly to vtter dystruction ruyne, and decay, by reason whereof the occupyers, linnen drapers wollen drapers haberdashars, and grocers, dwellinge in the countries out of the said cities, boroughes, townes corporate, and market townes, do not onely occupye the art and mistery of the said sciences, in the places wher they dwell and inhabite, but also come vnto the said cities, boroughes, townes corporat and market townes and ther sell their wares, and take away the releif of the inhabitaū tes of the sayd cities, borowes, townes corporate, and market townes, to the great decaye, and vtter vndoyng of the inhabitantes of [Page xiii] the same, yf spedy reformation therin be not had in time conueniēt. For remedy whereof, & for the better amendment of the sayde citities, boroughes, townes corporate, & market townes, and to thend the same cities, boroughes, and townes corporat, may be the better able to pay the sayd fee farmes, and also to beare the other ordinary charges within the same cities, boroughes, and townes corporate, and to furnyshe the kyng and queenes maiestyes, with numbres of able persons, like as they heretofore haue done in times past, in tymes of warre.
Be it therfore enacted by our soueraygne Lord and Ladye, the kyng and Quene, the lordes spirituall and temporal, and the commons in this present parlyament assembled, and by thauctoryty of same, that any person or persons which do nowe inhabite & dwell, or hereafter shal inhabite or dwel in the country any wher or countye, w t in thys realme of Englande, out of any of the sayd cities, boroughes, townes corporate, or market townes, from & after y e feast of S. Michael tharchangel next commyng, shall not sell or cause to be sold by retayle, any wollen cloth, linnen cloth, haberdashe wares grocery wares, marcery wares, at or within any of the sayd cities, boroughes, townes corporat, or market townes, or w t in y e suburbes or liberties of the sayde cities, boroughes, townes corporat, & market townes within the sayd realme of England (except it be in open fayres) vpon payne to forfeyt & lose for euery time so offending the summe of .vi. s. viii. d. & the whole wares so solde, profered and offered to be sold, contrary to the forme, entente and effect of thys present act, as aboue is sayd, the one moyte of al whiche forfeytures to be to the vse of our say [...] soue raygne lorde and ladye the kynge and quenes maiesties, and the other halfe to hym or them that shal sease and sue for the same in any of the kynge and queenes courtes of recorde, by byl, playnt, action of debt, information or otherwyse, wherin no essoygne, proteccion or wager of law shalbe allowed.
Prouided alway, that this acte shall not in any wyse extende, nor be hurtful to any person or persons, that bryng any of the sayd wollen cloth, li [...]en cloth, haberdash grocerye, mercery, ware or wares, to any of the sayd cities, boroughes, townes corporate, or markette townes to be solde, or cause to be solde, by whole sale, in grosse and not by retayle, but they and euery of thē may lawfully sel the same, in as large and ample maner, forme, and condition by whole sale in grosse, & not by retayle, as they and euery of them might haue done at any tyme or tymes before the makyng of thys acte. Anye thinge herein to the contrary not withstandinge.
Prouided alway that thys present acte shall not extende to anye person or persons, y t now dwel or inhabite in the coūtry, or herafter [Page] shal dwel or inhabite out of any of the sayd cities, borowes, townes corporate, or market townes, but that they, and euerye of them at any tyme hereafter, when they or any of them shalbe fre of any the guyldes, & libertyes, of any the sayd cities, borowes, townes corporate, or market towns, and dwel or inhabite within any of the same cities, borowes, townes corporate, or markette townes, that they and euery of them so beyng free, shal and may sel or cause to be solde any of the wares aforsayd, by retayle, in as ample and large maner as they and euery of them might haue done, beyng free of the sayde cities, borowes, and townes a [...]oresayd, before the makyng of thys acte. Any clause or article in thys act to the contrarye notwithstandynge.
Prouyded alwayes, and be it enacted by thauetoritye aforesaid that it shalbe laweful to al persons, to sell or cause to be solde by retayle or otherwyse, al maner of cloth, linnen or wollen of their owne making in euery city, borough, towne corporat, and market towne within the realme, as frelye and francklye as they might haue done before the makyng of thys acte. Any thynge in the same conteyned to the contrary hereof notwithstandyng.
Prouided alway that thys act or any thyng therein conteyned shal not be preiudicial or hurtfull to the liberties, and priuileges of the vniuersities of Cambridge and Oxford, or eyther of them. Any thyng in thys act heretofore mencioned to the contrary notwithstandynge.
¶ An acte repealyng all Statutes, articles, and prouisions made agayn [...]t the Sea Apostolike of Rome, synce the .xx. yeare of kyng Henry the eyght, and also for the establishment of al spiritual and ecclesistical possessions and hereditamentes conueyed to the laytie. ¶ The eyght Chapter.
VVHere as synce the .xx. yere of kynge Henry theight of famous memory, father vnto youre maiestie, our most naturall soueraygne, and gratious Lady and Queene, muche false and erronious doctryne, hath bene taught, preached, & written partly by dyuers the natural borne subiectes of this realme & partely beyng brought in hether from sondry other forreyne countryes hath bene sowen & spred abroad within the same. By reason wherof aswel the spiritualtie as y e temporaltie of your highnes realmes and dominions haue swerued from the obedience of the sea Aposto lyke, and declined from the vnitie of Christes churche, and so haue [Page xiiii] continued vntyl such time as your maiestye beyng fyrste reysed vp by god, and set in the seate Royall ouer vs, and then by hys deuine & gratious prouidence knit in mariage with the moste noble & vertuous prynce, the kyng oure soueraygne lorde youre husbande, the Popes holynes and the Sea apostolyke sent hyther vnto your maiestyes (as vnto persons vndefiled, & by gods goodnes preserued from the common infection aforesayd) and to the whole realme, the moste reuerende father in God, the lorde Cardinall Poole Legate de latere, to cal vs home agayne into the ryght way, from whence we haue al thys long while, wādred and strayed abrode. And we after sundrye longe, and greuous plagues and calamities, seynge by the goodnes of god our owne errours, haue knowledged the same vnto the sayd mooste reuerend father, and by hym haue bene, and are the rather at the contemplacion of your maiestyes, receyued & embraced into the vnitie and bosome of Christes church, and vpon our humble submission & promise made for a declaration of oure repentaunce to repeale and abrogate such actes and statutes as had bene made in parliament synce the sayd .xx. yere of the sayd kyng Henry theyght, agaynst the supremacy of the Sea apostolyke, as in our submission exhibited to the sayd moste reuerende father in God, by your maiestyes appeareth. The tenor wherof ensueth.
We the lordes spiritual and temporall, and the commons assembled in thys present parlyament, representyng the whole body of y e realme of Englande, and the dominions of the same, in the name of our selues perticulerly and also of the sayd body vniuersally in this our supplication directed to your maiestyes with most humble suit that it may by your graces intercession & meane be exhibited to the most reuerende father in God. the lorde cardynall Poole Legate, sent speciallye hyther from our mooste holye father Pope Iuly the thyrd, and the Sea apostolyke of Rome, do declare our selues very sory and repentaunte, of the scisme and disobedience, committed in thys realme & dominions aforesayd, against y e sayd Sea apostolike eyther by making, agreing, or exec [...]yng any lawes, ordinaunces, or commaundementes agaynst the supremacy of the sayd sea, or other wyse doyng or speakyng, that might impugne the same: offerynge ourselues, & promysing by thys our supplication, that for a token & knowledge of our sayd repentaunce, we be & shalbe alwayes ready vnder and with thauctorities of your maiesties, to the vttermost of our powers, to do that shall lye in vs, for the abrogation and repealyng of the sayde lawes and ordinances in this present parlyament aswel for our selues as for the whole bodye, whome we represente, whervpon we most humblye desyre your maiestyes as personages vndefiled in thoffence of hys body towardes the sayd Sea, whych neuertheles god by hys prouidence, hath made subiect to you, so to [Page] set forth this our most humble suyte, that we may obtayne from the Sea apostolyke, by the sayde most reuerend father, aswell perticulerly, as generally, absolution, release, and discharge, from al daunger of such censures, and sentences, as by the lawes of the churche we be fallen into. And that we may as children repentaunt, be receiued into the bosome and vnitie of Christes churche, so as this noble realme with al the membres therof, may in this vnitie, and perfect obedience to the Sea apostolyke, and Popes, for the tyme beynge, serue god and your maiesties, to the furtherance and aduauncemēt of his honor and glory. We are at the intercession of your maiesties by thauctoritye of our holy father Pope Iuly the thyrd, and of the Sea apostolike, assoiled, discharged and deliuered from excommunication, interdictions and other censures ecclesiastical, which hath hanged ouer our heades for our sayde defaultes synce the tyme of the sayde scisme mencioned in our supplication. The whyche tyme the sayde lorde Legate and we do al declare, recognise, and meane by thys act to be onely synce the .xx. year of the raigne of your most noble father kyng Henry the eyght. It maye now lyke your maiesties, that for the accomplishment of our promyse made in the sayde supplication, that is, to repeale al lawes & statutes mode contrarye to the sayde supremacy and Sea apostolyke, durynge the sayd scisme, the whych is to be vnderstande, synce the .xx. yere of the raygne of the sayd late kyng Henry theyght, and so the sayde lorde Legate doth accept and recognise the same.
Where in the parliament begonne and holden at Westminster in the .xxi. yere of the raygne of the late kynge of most famous memory kyng Henry theyght, one act was then and there made agaynst pluralities of benefices, for takynge of farmes by spiritual men and for none residence, in the which act amongest other thynges it was ordeyned and enacted that yf any person or persons, at any tyme after the fyrst day of Apryll in the yere of our Lord God a thousand fyue hundred and thirtye contrary to the same act, should procure and obteyne at the court of Rome, or els where anye lycence or lycences, vnion, tolleration, or dispensation, to receaue or take anye more benefices with cure, then was limitted and appoynted by the same acte, or els at any tyme after the sayde daye shoulde put in execution any such licence, tolleration, or dispensation, before y e tyme obteyned contrary to the sayd acte, that then euerye such person or persons so after the sayd day, suyng for himselfe, or receauynge, & takyng such benefice by force of such lycence or lycences, vnion, tolleration, or dispensation, that is to saye: the same person or persons only, and no nother, should for euery such defaulte, incurre the danger, payne and penaltie of .xx. li. sterl. and should also lose the whole profytes of euery such benefice or benefices, as he receaueth, or taketh [Page xii] by force of any such licence or licences, vnion, tolleration, or dispensation. And where also in the sayd acte it was ordeyned and enacted, that yf any person or persons dyd procure, or obteyne at the court of Rome, or els where anye maner of lycence or dispensation to be none residēce at their dignities, prebend, or benefices, cōtrary to the sayd acte, that then euerye suche person or persons puttynge in execution any suche dispensation, or licence for him selfe from the sayd fyrst daye of Apryll, in the sayde yeare of our Lord God, a M. fyue hundred and thirtye, should runne and encurre in the penalty damage, and payne of .xx. li. ster. for euery tyme so doinge to be forfeyted and recouered, as by the sayd act is declared. And yet suche licence or dispensation so procured, or to be put in execution, to bee voyde and of none effecte, as by the same acte more playnely it doth and may appeare.
Be it enacted by thauctoritye of thys present parlyament, that asmuch only of the sayd act, as concerneth the articles and clauses aforesayd, and al and euery the wordes and sentences conteyned in the sayd act, concernynge the sayde articles and clauses, and euerye of them, shal from hence forth be repealed, adnulled, reuoked, adnihilated, and vtterly made voyde for euer. Any thyng in the sayde act to the contrary in any wyse notwythstandyng.
And where also at the session of the same parliament holden vpon prorogation, in the .xxiii. yere of the raygne of the sayde late kynge Henry theyght. one act intituled: the act that no person shalbe cited out of the diocesse where he or she dwelleth, except in certaine caces And where also at the sayd parliament, in the session holdē at Westminster vpon prorogacion the .xxiiii. yere of the raygne of the sayde late kyng Henry theyght, one act was made that appeales in suche cases as hath ben vsed to be pursued to the sea of Rome, should not from hence forth be had nor vsed but within this realme. And wher also at the sayd parliament holdē at Westminster, in the .xxi. yere of the raygne of the sayd late kynge Henry the eyght, and there continued by diuers prorogations vntyl the .xxiiii. daye of Apryll, in the xxvii. yere of hys raigne, one act was made concerning restraintes of paymentes of annaties, and firste fruites of archebyshopryckes, and byshopryckes of the Sea of Rome. And where at a Session of the sayd parlyament, holden in the .xxv. yeare of the raygne of the sayde late kyng, there was also one act made, in tituled, the submission of the clergie to the kynges maiesties, and one other act intituled, one act restraynynge the sayde paymentes of annates, or fyrste fruites to the byshop of Rome, and of the electing and consecrating of the archbyshoppes and byshoppes within thys realme. And one other act was then and there made entituled: an act cōcernyng the exoneration of the kynges subiectes, from exactions & impositions [Page] before that time payed to the Sea of Rome, and for hauing licences and dispensations within this realme, withoute suynge further for the same.
Be it enacted by thauctorytye of thys presente parlyament, y t the sayde seuerall actes made for the restraynt of payment of the sayde annates, and fyrste fruites, and all other the sayd actes made in the sayd .xxiiii. and .xxv. yeres of the raygne of the sayd late kynge, and euery of them and al & euery braunch, article, matter, and sentence in them, and euery of them conteyned, shalbe by auctorytye of thys present parliament from hence forth vtterly voyde, made frustrate and repealed, to al intentes, constructions and purposes.
And be it further enacted by thauctority of thys present parliament, that al and euerye these actes folowyng. That is to saye: one act made at the session of the sayd parliament holden vpon prorogation at West. in the .xxvi. yere of the raygne of the sayde late kynge Henry theyght, entituled an acte, concerning y e kinges highnes to be supreme head of the church of England, and to haue auctorytye to reforme and redresse al errours heresies. & abuses in the same. And one other acte made in the same session of the same parliament entituled: an acte for nomination and consecration of Suffragans within this realme. And one other acte made in the .xxvii. yeare of the raigne of the sayd late kyng Henry the eyght, entituled: an acte wherby the kynge shoulde haue power to nominate .xxxii. persons of his Clergy and Lay fee for the makyng of Ecclesiastical lawes. And also one other act, made at the parliament holden at Westminster in the .xxviii. yere of the raygne of the said late kyng Henry the eyghte, entituled: an acte extinguishynge thauctorytye of the Bysshop of Rome. And one other act made in the same parlyament, entituled: an act for the release of suche as then had obteyned, pretended licences, and dispensations from the Sea of Rome. And also al that parte of the acte, made in the sayde .xxviii. yeare of the sayde kynge, entituled: an acte for the establishement of the Succession of the imperial crowne o [...] the realme, that concerneth a prohibition to marrye within the degrees expressed in the sayd acte. And also one other acte made at the parliamente holden at Westminster, in the xxxi. yeare of the raygne of the sayde late kynge Henrye the eyght, entituled: an acte auctorysynge the kynges hyghnes to make bysshoppes by his letters patentes. And one other act made in the session of the same parliament begon in the sayd .xxx. yare, holden vpō prorogation, the .xxxii. yere of the reygne of the sayde kynge Henry the eyghte, entitu [...]ed: an acte concerninge precontractes of marryages, and touching degrees of consanguitie. And one other acte made in the parliament holden at Westminster, in the .xxxv. yere of the reygne of the said late king Henry theyght, entituled: an act for [Page xvi] the ratification of the kings maiesties stile, shal henceforth be repealed, made frustrate, voyde, and of none effect. And where also at the said parliamēt holden at Westminster in the .xxxv. yere of y e raigne of the sayd late kyng Henry theyght, one other act was made entiteled: an act concerning thestablishment of the succession of the sayd king in the imperial crowne of this realme. In the which act there is a forme of a corporall othe deuised and set furth, that euery subiect of this realme should be bounde to take against the power, auctoritie and iurisdiction of the sea of Rome. Be it enacted by thaucthoritie of this present parliament that so muche of the sayd acte as toucheth the sayd oth agaynst the supremacy, and al othes ther vpon had, made, & geuen shalbe from henceforth vtterly voyde, repealed and of none effect. And wher also one other act was made in the xxxvii. yere of the raigne of the sayd late king Henry theyght entituled an act that doctours of the cyuyl law, being maried might exercise ecclesiastical iurisdiction. Be it enacted by thauctority of this present parlyament, that the sayd act last before mencioned, and all and euerye braunche, article, sentence and matter, conteyned in the same, shal from henceforth be repealed, and vtterly made voyd, and of none effect.
And where one other act was made at the fyrst session of the parlyament, holden at Westminster, in the fyrst yere of y e raigne of king Edward the syxt, entituled an act for the repeale of certayne Statutes, concernyng treasons, fellonies. &c. In y e whych act amongest other thyngs ther is conteined certeyne prouisions, paynes, penaltyes, and forfeytures for & agaynst suche, as shoulde by open preachynges, expres wordes, sayinges, writyng, pryntyng ouert dede, or act affirme, or set furth, y t the kyng of this realme, for the tyme beyng, is not or ought not to be supreame head in earth, of y e churches of England and Ireland, ne of any of them, or that the byshoppe of Rome or any other person or persons, other then the kyng of England for the tyme beyng, is or ought to be supreame heade of y e same churches, or any of thē, as in the same act last before rehersed, more at large is conteyned, and may appeare. Be it enacted by auctority of this present parlyament, that these clauses before rehearsed, and other of the sayd act, concerning the supremacy, and all and euerye braunche, article, wordes, and sentence, in the same soundyng, or tē dyng to the derogation of the supremacy of the Popes holynes, or the sea of Rome, & al paynes, penalties, & forfeytures, made against them that should by any meanes set fur [...]h, or extol the said supremacy, shalbe from henceforth vtterly boyde and of none effecte.
And be it further enacted by thauctoryty aforesayd, that al clauses, sentences, and articles of euery other statute, or act of Parlyament made sithence y • sayd .xx. yeare of the raygne of kyng Henry [Page] theyght, agaynst the supreame auctoryty of the Popes holynes, or Sea apostolike of Rome, or conteyning any other matter of y e same effect only, that is repealed in any of the Statutes aforesayd, shall be also by auctoritie here of from henceforth vtterly voyd, frustrate and of none effect.
And where we your most humble subiectes, the lordes spirituall and temporal, and commons in this present parliament assembled, haue exhibited to your maiesties one other supplication in fourme folowynge.
We the lordes spiritual and temporal, and the commons in thys present parlyament assembled representing the whole body of thys realme, reduced & receaued by your maiesties intercession to y e vnitie of Christes churche, and the obedience of the Sea apostolyke of Rome, & the Popes holynes gouerning the same, make most humble suite vnto your maiesties, to be likewise meanes & intercessors that all occasions of contētion, hatred, grudge, suspition, & trouble both outwardly & inwardlye in mens consciences, whiche myghte arise amongest vs, by reason of disobedience, may by auctoritie of y e Popes holynes, and by ministration of the same vnto vs, by y e most reuerend father in god, the lord Cardinal Poole, by dispensation to leration or permission respectiuely, as the cace shal require, be abolished & taken awaye, and by aucthoritye sufficient these artycles folowyng, and generally al others, when any occasion shal so require may be prouyded for, and confyrmed.
Fyrst that al by shopryckes, c [...]thedral churches, hospitales, colleges, scholes, and other such foundations now continuing, made by auctoritye of parlyament, or otherwise established, according to the order of the lawes of thys realme, sithence this schisme may be confirmed and continued for euer.
Item that mariages made infra gradus prohibitos consanguinitatis, affinitatis cognatiō [...]s spiritualis, or which might be made voyd▪ proper impedimentū publicae honestatis iustitiae, or for any other cause prohibited by the canons onlye maye be confirmed, and children borne of those mariages declared legittimate, so as those mariages were made according to the lawes of the realme for the tyme being, and be not directely against the lawes of God, nor in such case, as the Sea apostolike hath not vsed to dispence wythal.
That institutions of benefices, & other promotions ecclesiastical and dispensations made according to the forme of the act of parliament, may be likewise confyrmed.
That all iudiciall processes, made before any ordinaryes of thys realme, or before any delegates vpō any apeales, according to thorder of y e lawes of the realme, may be likewise ratified & confirmed, And finally where certayne actes and statutes haue bene made in [Page xvii] the tyme of the latescisme, concernyng the lands, and hereditamentes of Archbysshoprykes, and Bysshoprykes, the suppression, & dyssolution of monasteries, Abbeyes, prioryes, chauntries, colleges, & al other the goodes and catteles of religious houses. Synce y t whiche tyme, the ryght, and dominion of certayne landes, & hereditamentes, goodes, and catteles, belongynge to the same, be dispersed abroade, & come to the handes, and possessions of diuerse and sōdrye persons, who by gyfte, purchase, exchaunge, & other meanes accordynge to the order of the lawes and statutes of this realme, for the tyme beyng, haue the same. For the auoydyng of all scruples that might grow by any thoccasions aforesaid, or by any other waies, or meanes, whatsoeuer: It may please youre maiesties, to be intercessours, and mediatours, to the sayde mooste reuerend father, Cardynall Pole, that all suche causes, and quarels as by pretence of y e sayd scisme, or by any other occasion, or meane whatsoeuer, might be moued by the Popes holynes, or Sea Apostolyke, or by any other iurisdiction Ecclesiasticall, maye be vtterly remoued, and taken away so as all persons hauyng sufficient conueyaunce of the sayd lands, and hereditamentes, goodes and cattels, as is aforesayd, by the cōmon lawes actes, or Statutes of this realme, maye withoute scruple of c [...]nscience, enioye them without impechment or trouble by pretēce of any generall counsayle, Canons, or Ecclesiasticall lawes, & cleare from all daungers of the censures of the churche.
And comformably here vnto, the Bysshoppes and Cleargy of the prouynce of Cantorbury haue presēted to your maiesties a supplication, in this tenour that foloweth.
Nos Episcopi & Clerus Cantuariensis prouinciae in hac Synodo more nostro [...]olito, dum Regni parliamētū celebratur, congregati, cum omni debita humilitate & reuerētia, exponimus Maiestatibus uestris, quod licet Ecclesiarū, quibus in Episcopos, Decanos, Archidiaconos, rectores, & uicarios praefecti sumus, & animarū, quae nobis & curae nostrae subiectae sunt & earundem bonorum iurisdictionū, & iurium, ex sacrorū Canonum dispositiōe, defensores, & curatores cōstituti sumus & propteria ip [...]rum bona iurisdictiōis, & iura in pernicioso huius Regni prae terito scismate deperdita & amissa, omni studio, & totis nostris uiribus recuperare & ad pristinum Ecclesiarum ius reuocare, iuris remedijs niti deberemus: Nichilominus tamen habito prius per nos super hac re maturo Cons [...]io, et deliberatiōe ingenuèfatemur, nos optimê cognossere, quam haec bonor [...] Ecclesiasticor [...] difficilis & quasi impossibilisesset recuperatio propter multiplices ac pene inextricabiles super hijs habit [...]s contracsitiones [Page] & quod si ea tentaretur, quies et tranquillitas Regni facile perturbaretur, & unitas Ecclesiae Catholicae, quae iam pietate, & aucthoritate Maiestatum uestrum hoc in regno introducta est, cum maxima difficult ate suum debitū progressum, & sinem sortiriposset. Ideo nos bonū & quietem publicam priuatis commoditatibus, & salutem totanimarū praetioso Christi sanguine redemptarum terrenis bonis anteponētes, & non quae nostra, sed quae Iesu Christi sūt quaerētes, Maiestates uestras enixe rogamus, [...]ius [...] humiliter supplicamus, ut reuerendissimo in Christo patri, domino Reginaldo Cardinali Polo, adipsas, & uniuersum hoc Anglie regnum sanctissimi domini nostri, Domini Iulij, Papae tertij, & Apostolicae sedis de latere legato, haec nomine nostro insinuare, & apud eū intercedere dignētur, ut in hiis bonis Ecclesiastisis in parte, uel into toarbitrio suo iuxta facultates sibi ab eodem sanctissimo domino nostro Papacōcessas eorundem bonorum detentoribus elargiendis et relax andis publicum bonum priuato pacem et trāquillitatem dissidijs, & perturbationibus, at (que) animarum salutem bonis terrenis praeferre, & anteponere uelit. Nos enim in omnibus quae ab ipso legato statuta, et ordina ta circa haec bonafuerint exnunc, prout extunc, et ecōtra cōsensum nostrum presta [...]us, imo etiam ut in premissis se difficilem aut restrictum reddere non uelit, maiestates uestrae nostro nomine eum hortari, & rogare dignabuntur. Insuper maiestatibus uestris supplicamus ut pro sua pietate efficere dignentur, ut ea quae adiurisdictionem nostrā et liberta tem Ecclesiasticam pertinent, sine quibus debitum nostri pastoralis officij et curae animarum nobis commissae exercere non possumus, uobis superiorum temporum iniuria ablatarestituantur, et ea nobis, et Ecclesij perpetuo illes a et salua perman [...]ant, et ut omnes leges, quae hanc nostrā iurisdictionem, & libertatem Ecclesiasticam tollunt, seu quouis modo impediunt, abrogentur ad bonorem dei, et maiestatum uestrarū, et uniuersi huius Regni Spirituale, et temporale commodum, & salutem, certam spem etiam habentes, Maiestates uestras, pro sua singulari in ipsū deum pietate, pro (que) multis et insignibus ab ipsius dei bonitate acceptis beneficijs necessitatibus, & in commodis huius sui Regni Ecclesiarum maximê curam animarum habentium nunquā defuturas esse, sed prout opus fuerit, consulturas at (que) prouisuras.
Forasmuche as the sayde mooste reuerende father, the Lord Legate, at the intercessiō of your maiesties, hath by thauctoritie of the Sea Apostolike, sufficiently dispensed in the matters specified in the sayd seueral supplications, as in his sayde letters of dispensation is conteyned more at large. The tonor wherof ensueth,
[Page xviii] Reginaldus miseratione diuina Sanctae Mariae in Cosmodin Sanctae Romanae Ecclesiae, Diaconus, Cardinalis Poluinuncupatus, ad Serenissimos Philippum & Mariam, Angli [...] Reges, fidei de [...]e [...]sores, et uniuersum Angliae regnum, Sanctissimi Domini nostri Papae, et sede [...] Apostolicae de la [...]re legatus eisdem Sere nissimis Philippo et Mariae Regibus salutem in Domino sempiternam. Cum supremum cōsilium istius Regni parlamētū nun cupatum Maiestatibus uestris, per suos supplices libellos exposuisset quod perniciocissimo scismate, in hoc regno alias uigente, quod nunc dei misericordia, & maiestatum uestrarum pietate extinctum est, authoritatem ipsius parlamēti, non nulli Episcopatus diuisi, & ex his aliquae inferiores Ecclesiae, in cathedrales ere stae, et scholae, atque hospitalia fundata nec non plurimae dispensationes et beneficiorum prouisiones factae fuerūt ac multae personae quibus persuasum fuerat, luris Canonici dispositiones hoc in Regno amplius locum non habere, inter [...]e in gradibus consanguinitatis uel assinitatis de iure prohibitis, & alijs impedimentis Canonicis sibi obstantibus matrimonia, per uerba de praesenti cōtraxerunt, et multis actus iudiciarij, & processus, tam in primis, quam ulterioribus instantijs super rebus spiritualibus, & Ecclesiasticis [...]oram iudicibus tam Ordinarijs quàm delegatis, qui au [...]t horitate laicali procedebant, habiti & seruati, ad super eis etiā s [...]tētiaelatae, et promulgatae fuerūt, et bona ecclesiactica per diuersas eiusdem regni personas occupata, et apprehēsa fuerunt. Quae quidem licet ex sacrorum Canonum institutis irrita deolarari possent, tamen si ad alium statum, quam in quo nunc sunt, reuocarentur, publica pax & quies uniuersi regni turbaretur, et maxima confusio oriretur, presertim si dictorum honorum possessores molestarentur, et propterea maiestati busuestris humiliter supplicauerint, ut apud nos intercedere dignentur, ut premissarum rerum firmitari, et stabilitati, et simul huius Regni quieti, et tranquillitati de benig [...]tate Apoctolica prouidere uelimus. Cumque Episcopi quoque deinde, ac reliquus prouinciae Cantuariensis Clerus totū fere corpus Ecclesiasticorum regni representus, ad quos haec bonorum Ecclesiasticorum causa maximê pertin et, exposuerint, quod haec bona ad ius ecclesiarum reuocare non possūt, quin pax vniuersalis, & quies huius regni turbetur, et causa fidei at (que) unitatis Ecclesiae, iam toto omnium consesu hoc in regno introducta, in maximum periculum adducatur, et propterea ipsi quo que supplicauerint, ut apud nos intercedere uelint, ut in his bonis Ecclesiasticis possessoribus relaxandus restricti et difficilis esse nollemus, maiestates autem uestrae, ad quas maxime spectat prouidere, ut regnū ipsarū potestari regimini et curae commissum in pace et tranquillitate cō seruetur. [Page] His supplicationibus et postulatis cognitis et mature cōsideratis iudicauerit [...]a omnia, et maxime illa, quae in bonorū ecclesiasticorum causa petuntur, pro causa fidei et pro pace publica▪ per nos debere sine ulla dilatio ne cōcedi, et quēadmodū rogatae fuerūt, apud nos intercedere dignatae fuerint, prout in supplicationibus per idem supremum consilium, et episcopos ac clerum praefatum maiestatibus uestris porrectis, atque in libello intercessiones per easdem maiestates uestras nobis simulcum alijs supplicationibus exhibito, latius apparet. Idcirco nos qui ad maiestates uestras, et hoc nobilissimum uestrum regnum à Sanctissimo Domino nostro Iulio Pap [...] tertio ipsius et sedis Apostolicae de latere legati missi sumus, ut regnum istud, quod iamdiù ab Ecclesiae Catholicae unitate separatum fuerat. Deo et Ecclesiae Christi, eius (que) in terris u [...]cario reconciliaremus: et ut ea omnia quae ad pacē et tranquillitatem huius regni pertinerent, omni studio procuraremus, postauā dei benign itate, et maiestatem uestrarum pietate, per authoritatem eiusdem Sanctissimi Domini nostri Papae, cuius uices hic sustinemus, reconciliatio iam facta est, ut paci et tranquillitati regni prae fati consulamus, atque ut unitas ecclesiae, ex qua salus tot animarum prae cioso Christi sanguine redemptarum dependet, hoc in regno iam introducta corrobaretur, & salua permaneat, cum utrius (que) rei stabilitatem in eo maxime consistere, si horum Ecclesiasticorum bonorum possessoribus molestia nulla in feratur quo nimus ea teneant, tot et tam grauia testimonia nob [...]s fidem faciant, et maiestatum uestrarum intercessio, quae pro unitate Ecclesiae, et sedis Apostoliçae auctoritate hoc in regno instauranda tam studiosê, et tam pie elaborarunt, eam quam parest auctoritatem apud no [...] habeat, et ut uniuersum hoc regnum sedis Apostolicae maternam uerê indulgentiā, et charitatem ergase agnoscat, et re ipsa experiatur: quoscun (que) ad quos insra scripta pertinent, à quibusuis excommunicationis, suspensionis, et interdicti, alijs (que) ecclesiasticis sētensiis, sēsuris et paenis a iure uel ab homine quauis occasione uel causa latis, si quibus quomodolibet innodati existunt, ad effectum praesentium dum taxat consequendum harum serie absoluentes, et absolutos fore censentes, aucthoritate Apostolica, per litte ras Sanctissimi domini noctri, domini Iulij Papae tertij nobis concessa, & quafungimur in hac parte, tenore praesentium dispensamus, quod omnes et singulae Cathedralium Ecclesiarumerectiones, hospitalium, et scholarū, fundationes tempore praeteriti scismatis, licet de facto et nulliter attētatae ineo statu, in quo nunc sunt, perpetuo firmae et stabiles parmaneant, illis que Apostlicae firmitatis robur adijcimus, it a ut non ea aucthoritate, qua prius, sed ea quam nunc eis tribuimus, factae ab omnibus censeantur, & c [...] [Page xix] omnibus et singulis personis regni praedicti, quae in aliquo consanguinita tis uel affinitatis graduetiam multiplici, uel cognationis spiritualie, seu publicae honestatis iusticiae impedimento de iure positiuo introductis, & in quibus sanctissimus dominus noster Papa dispensare consueu [...]t matri mo [...]ia scienter uel ignorantur de facto contraxerint ut alique imped imen torum premissorum, non obstante in eorum matrimoniis, sic contractis liber [...] & licite remanere, seu illa de nouo contrahere possint, misericorditer in domino dispensamus, prolem susceptam, suscipiendam legitima [...], de cernentes, ita tamen ut qui scienter et malitiose contraxerint, à sententia excōmunicationis, et ab incestus seu sacreligij reatu, absolutionē à suo ordinario, uel curato, quibus id faciendi facultatem consedimus, obtineant, ac omnes Ecclesiasticas seculares, seu quorumuis ordinum regulares personas quae aliquas impetrationes, dispensationes, concessiones, gratias, et indulta tam Ordines, quam beneficia Ecclesiastica, seu alias spirituales materias praetensa aucthoritate supremitatis Ecclesiae▪ Anglicanae licet nulliter, e [...] de facto obtinuerint, et ad cor reuersae Ecclesiae unitati restitutae fuerint, in suis Ordinibus, & beneficijs per nosipsos, seu à nobis ad id deputatos, misericorditer recipiemus, prout iam multae receptae fuerunt, secum (que) super his opportunè in Domina dispensabimus: Ac omnes processus inquibusuis instantijs coram quibusuis iudicibus, tam ordinariis quam dilig atisetiā laicis super materijs spiritualibus habitos & formatos, & sententias super eis latas, licet nulliter et de facto, quoad nullitatem ex defectu iurisdictio nis praefato tantum insurgentem sanamus, illos (que), et illas aucthoritate A [...] postolica confirmamus: Ac quibusuis huius reg [...]ni personis, ad quarum ma nus bona Ecclesiastica ex quocun (que) contractu seu titulo onorosouellucra tiuo iam deuenerint, illaque [...]enuerint, seu etiam teneant, omnes, & qous cum (que) fructus ex eiusdē bonis, licet indebitê perceptos, in totū remittimus & relaxamus. V [...]olentes ac decernentes, quod dictorum bonorum Ecclesiasticorum tā mobilium quam immobilium possessores praefati non possiut in presenti nec in posterum, seu per consiliorum generalium, uel prouin cialium dispositiones, seu decretales Romanorum pontificum Epistolas, seu aliam quamcun (que) censuram ecclesiasticā in dictis bonis seu eorundē possessione molestari, in quietari, uel perturbari, nec eis aliquae sēsurae uel paenae ecclesiasticae propter huiusmodi detentionem, seu non restitutionē irro gari uel infligi, & sic per quoscunque iudices, & auditores sublata eis qua suis aliter iudicandi et interpretandi facultate, et auctoritate iudicari et diffiniri debere, & quicquid secus attemptari contigerit, irritum et inane fore decernimus, non obstantibus praemissis defectibus, & quibusuis [Page] Apostolicis, ac in prouincialibus, et [...]sinodalibus concilijs editis, specialibus uel generalibus constitutionis, & ordinationibus, caeterisque contrarijs quibuscunque, Admonemus tamen cūm diuisio Episcopatuum, & erectio Cathedraliu [...] Ecclesiarum fint de maioribus causis, quae summo pontifiei sunt reseruatae, recurrendum esse ad suam sanctitatem, & ab ea suppliciter postulandum, ut haec confirmare, seu de nouo facere dignetur. Et licet omnes res mobiles Ecclesiarum indistincte ijs, qui eostenent relaxauerimus, eos tamen admonit [...]s esse uolumus, ut aut oculos habentes diui ni iudicij seueritatem contra Balthasarem Regem Babilonis, quiuasa sacra non à se sed à patre è templo ablata in prophanos usus conuertit ea proprijs Ecclesijs si extant, uel aliis restituant. Hortantes etiam, & per uiser a misericordiae Ius [...] Christi obtestantes eos omnes, quos haecres tangit, ut salutis suae non omnino immemores, hoc saltem efficiant, ut ex bonis Ecclesiasticis, maxime ijs, quae ratione personatuum et uicariatuum populi ministrorum sustentationi fuerint spesialiter destinata, seu alijs Ca thedralibus, & alijs quae nunc extant, inferioribus Ecclesijs curam anima rum exercentibus it a prouideatur, ut earum pastores, personae et uicarii cō mode, & honeste iuxta eorum qualitatem, & statum sustentari possint, & curam an [...]marum laudabiliter exercere, & onera incumbentia congruê supportare Datum Lambeth prope Londinum VV intonien̄. Diocess An▪ no Natiuitatis domini Millesimo, quingentesi [...]o, quinquagesimo quarto Nono Cal▪ Ianuarii Pontif▪ Sanctissimi in Christo patris, & Domini nostri, Domini Iuli [...], diuina prouidentia Papae tertij. Anno quinto.
Reginaldus Cardinalis Polus Legatus
We the sayd lordes spirituall and temporal, and commons in this present parliament assembled, rendring most humble thankes to your maiestyes, by whose intercession and meanes we haue obteyned the sayd dyspensations of the popes holynes by the sayd moste reuerende father in God, his legate, most humbly besecheth the same, that it may be ordeined as foloweth.
And therfore be it enacted by thauctoritie of thys present parliament, that al, & singuler articles & clauses conteined in the said dispensation as well touching the establyshment of Bysshoprykes, and cathedrall churches, as also the confirmation of marriages in degrees prohibited by the canons of the churche, the legittimation of chyldren, and the ratificatyon of processe, and of sentences in matters ecclesiasticall, touchyng the inualiditie of them for wante of iurisdiction, and the institutions and destitutions, of, and in benifices and promotyons ecclesiasticall, dispensations, and graces, gyuen by suche order, as the publike lawes of the realme then approned, and al other thynges before [Page xx] conteyned in the sayd letters of dyspensations, shal remayne & be [...]eputed and taken, to all intentes and cōstructions in the lawes of this realme, lawfull, good, and effectuall to be alleged and pleaded in all courtes ecclesiasticall and temporall, for good and sufficiente matter, eyther for the playntyfe or defendaunt, without any allegation, or obiection, to be made agaynst the validitie of them, by pretence of any generall counsayle, canon, or decree, to the contrary made, or to be made in that behalfe.
And where as diuerse and sondrye late Monasteryes, Pryoryes, Commaundryes, Nonneryes, Deaneries, Prebēdes, Colleges, Hospitales, Houses of fryers, Chaunteryes, and other religious and ecclesiasticall houses and places, and the manours, graunges, mesuages, landes, tenementes, rectoryes, tythes, pentione, portions, vycareges churches, chappels, aduonsons, nominations patronages, annuities, rentes, reuertions, seruyces, and other possessions, and here ditamentes to the sayd late monasteries, priories, nonneries, commaundryes, de [...]nryes, chauntryes, prebendes, houses of Fryers, colleges, Hospytalles, and other religious and ecclesiastical houses and places, and to sondrye Archebysshop [...]ykes, and Bysshoprykes within thys realme, late appertaynyng and belongyng, came aswell to the handes & possession of the snyd kyng of famous memory Henrye the eyghte, father vnto your maiestie, our sayd soueraygne Ladye by dyssolution, gyfte, graunt, surrendre, attaynder, or otherwyse, as also to the handes and possession of diuers and sondry other persones, and bodyes polytyke and corporate, by sondry meanes, conueyaunces, and assuraunces, accordyng to the ordre of the lawes and statutes of thys realme.
And where also diuerse manours, landes, tenementes, and hereditamentes percell of the possessions of Archbysshoprykes and Bysshoprykes, and manye and sondrye late deaneryes, colleges, chauntryes, rectories, Prebendes, Free chappeles, Guyldes, and Fraternytyes, manours, houses, Graunges, landes, Tenementes, rentes, seruyces, and other Ecclesiasticall possessions, and hereditamentes, goodes, and catteles to the sayde Archebysshoprykes, Bysshoprykes, deanries, colleges, chaunteryes, free chappels, tec [...]oryes guyldes, and fraternities late appertayning and belongynge or appointinge, to and for the fyndynge ofpryestes obyttes, lyghtes or other lyke purpose, came as wel to the handes & possession of the late noble kyng Edward the syxt brother vnto your maiestie seueraygne 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 poly [...]yke and corporate by sondry meanes, conueyaunces, and assuraunces, according to the ordre of the lawes of this realme: a great nomber of which sayd late monasteries priores, nonneries, commaundryes, deaneries, colleges, hospytales, prebendes, chaunteryes, free chappeles, guylds, [Page] & fraternities, and y e mannoures, graunges, mesuages, landes, tenementes, rentes, reuercions, seruyces, tythes, pentions, portions vyca reges, churches, chappeles, aduousons, nominations, patronages, annuities, and hereditamentes, goodes, and cattels, to the said monast [...] tyes, prioryes, nonneryes, commaundries, deaueries, colleges, hospitalles, chaunteries, fre chappelles, guyldes, fraternities, and other ecrlesiasticall houses. Archbysshopryckes, 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 thys realme, aswel by the sayd kyng Henry theyght, the sayd kynge Edwarde the sixte, and by your hyghnes our soueraygne Lady, and ioyntly by both youre 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 playnely do and maye appeare. Forasmuch as the sayd most reuerend father hath also by the sayd dispensations, remoued and taken away al matter of empeachement, trouble, and daunger, whych by occasion of any generall counsayle, canon, or degree ecclesiasticall myghte touche and disquiete the possessions of such goodes moueable, landes, tenementes, possessyons and hereditamentes, as were of late belongynge to anye of the sayde Archbysshoprykes Bysshoprykes, monasteryes, pryoryes, nonneries commaundries, deaneryes, colleges, chauntryes, prebendes, rectoryes, hospita [...]es, houses of fryers, or other religious and ecclesyasticall houses, and places, of what nature, name, kind, or qualitie soeuer they be of. Yet for that the title of al landes, 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 ful, and mooste gratious intentes mynd and determination of your most excellente maiesties be, that all and euery person and persones, bodyes polytyke, and corporate, theyr heyres, successours, and assygnes, and euery of them, shall haue, kepe, retayne and enioye all, and euerye their estates ryghtes, possessyons, and interestes, that they and euery of them nowe hathe, or hereafter shall haue, of, and in all and euery the manoures, graunges, mesuages landes, tenementes, tithes, pentions, portions, aduousons, nominatyons, patronages, annuities, rentes, reuersions, seruices, hundredes, wapentakes, liberties, fraunchises, and other the possessyyus, and hereditamentes of the sayd monasteries, abbeyes, pryoryes, nonneries commaundries, deaneries colleges, prebendes, hospytales, houses of fryers, chauntryes, rectoryes, vycareges, churches, chappelles. Arch bysshoprykes, and Bysshoprykes, and other religious or ecclesiasticall [Page xxi] houses and places, or of any of them within this realme, or the dominions of the same by such lawes and statutes, as were inforce before the fyrst daye of this present Parliament, and by other lawefull cō ueyaunce to them thereof made.
That it may be therfore enacted by thauctoritie of this presente parliament, that aswell your maiestie foueraigne Lady, your heirs and successours, as also all, and euery other person & persons bodies politike and corporate, their heyres, successours, & assignes now hauing, or that hereafter shall haue, hold or enioye any of the scites of the sayd late monasteries, and other the religious or ecclesiastical houses or places, and al the sayd manours graunges, mesuages landes, tenementes, tithes, pentions, portions, globe landes, aduousōs nominations, patronages, annuities, [...]ētes, reuersions, seruices hū dredes, wapentakes liberties, fraunchises, profits, cōmodities, and other the possessions and hereditamētes of the said late monasteries abbeyes, pryories, nonneries, commaundries, deaneries, colleges, prebēdes, hospitals, houses offriers, rectories, vicareges chaūteris churches, chappels, archbishoprikes, bisshoprikes & other religious & ecclesiasticall houses & places, or of anye of thē, of what name, nature or kynde soeuer they be, shall haue, holde, possede, retaine, kepe & enioye all and euery the sayd scites, mannours, graunges, mesuages, landes, tenementes, possessions, profytes, commodities, & other hereditamentes, accordyng to such interestes and estates, as they and euery of them now haue, or holde, or hereafter shal haue or hold of and in the same by the dewe ordre and course of the lawes & statutes of thys realme, whych now [...] be, or were standinge in force before the fyrst day of this present Parliament, in maner and fourme, as they shoulde haue done, yf this acte had neuer bene had ne made This acte or any thinge herein contayned to the contrarye in anye wyse notwithstandyng.
Sauing to you our sayde soueraygne Lady, your heires and successours, and euery of them, and to all and euery other person & persons subiectes of this realme, and bodyes politike and corporate, & to theyr heires and successours, and to the heires and successours of all, and euery of them, other then such, whose ryght, tytle, or interest is bounden, or taken awaye, vndone, or extincte by any acte of parliament heretofore made, or otherwise al such right, title, clayme, possession, interestes, rentes, annuities, commodities, commons, offices fees, leases, liueryes, lyuynges, pentions, portyons, dettes duties, & other profites, which they, or any of them lawfully haue, or of right ought to haue, or myghte to haue had, in, of, or to any of the premisses, or in, of or to any parte. or percell thereof, in such like maner and fourme and condition, to all intentes, respectes▪ constructions, & purposes, as yf this acte had neuer bene had ne made.
[Page] And that it maye be further enacted by aucthoritie aforesayd, that al, and euery article, clause, senteuce, and prouiso, conteined, or specylied in any acte, or actes of Parliament, concerning, or touching the assuraunce, or conueiaunce of any the said monasteryes, priories, non neries, cōmaundries, deaneries, prebēdes, colleges, chauntryes, hospitales, houses, of fryers, rectories, vicarages, churches, chappeles Archbyshoprykes, and Bysshoprykes, and other religious and ecclesiastical houses, and places, or any of them, or in any wyse concernyng any [...]annours, landes, tenementes, profites, cōmodities hereditamentes, or other the thynges, before specified to the said king Henry theyght, or kynge Edwarde the [...]y [...]t, or either of them, or any other person or persones, or body politike or corporate, and euery of them and all, and euery writinge, dede, and instrument, concerning the assuraunce of anye the same, shall stande, remayne, and be in as good force, effect, and strength, and shalbe pleaded, and taken aduauntage of, to al intentes, constructions, and purposes, as the same shoulde, myght, or could haue bene by the lawes and statutes of this realme in case this present acte had neuer bene had ne made.
And that al feoffamentes, fynes, surrenders, forfaytures, assuraunces, conueyaunces, estates, and interestes, in any wyse conueied, had or made to our sayd late soueraygne lord king Henry theight or to our said late soueraigne Lord king Edward the sixt, or eyther of them, or to any other person or persōes, bodies politike or corporate or to any of them by dede or dedes, act or actes of Parliament, or otherwise of any the scites, mannours, landes, tenementes, possessiōs profites, commodities, or hereditamentes of any the sayd archebisshoprikes, Bisshoprikes, late monasteries, priories, nonneries commaundries, deaueries, houses of fryars, colleges, chaunteries, hospitalles, prebendes, free chappeles, or of any mannours, landes, tenementes reuertions, seruices, tithes, pentions, portiōs, annuities, or of any other hereditamentes, of by, or from any ecclesiastical or spiritual person or persons, or by, or frō any spiritual or ecclesiastical corporation, or body politike shalbe as good & auailable in the law, to al intentes, constructiōs, & purposes, as they were by the lawes & statutes of this realme standing in force before the first day of this present parliament. And that the same may, and shalbe pleaded, aleged & takē aduauntage of, in such sort, and to such effect, as they shoulde could, or might haue be [...] by the lawes and statutes of this realme, standing in force before the said first day of this present parliament: And that all, and euery clause, and article, of sauing conteined in all and euery the sayd actes and statutes, shall stand, remaine, and be in such force, strength, and effecte, as they were before the sayde fyrste day of this present parliament. Any thynge conteined in this presēt acte to the contrary in any wyse notwithstanding.
[Page xxii] And that it maye be in like maner enacted by aucthoritie aforesaid that whosoeuer shal bi any processe, obteined out of any ecclesiastical court within this realme, or without, or by precence of any spiritual iurisdiction, or otherwyse, contrary to the lawes of this realme inquiet or molest any person or persones, or bodye politike, for any of y e saide manours, landes, tenementes, hereditamentes, or thynges aboue specified, contrary to the wordes, sentences, and meaninge of this act shall incurre the daunger of the acte of preminire, made in the .xvi. yere of kyng Richarde the second, and shall suffer & incur the forfeytures and paynes, conteined in the same.
Prouyded alway, that it shall and may be lefull to anye persō or persones, body politike and corporate, to sue in any competent, ecclesiastical. or spiritual court within this realme, for tythes, rightes, & dueties, that they or any of them shall pretend to haue, of, or out of any the sayd mannours, landes, tenementes, & other the premisses and to haue, full and perfect remedy for the same, in suche maner & fourme, as they or any of them, might, or ought to haue done, or had by the lawes & Statutes of this realme, before the making of this Acte, and as though this act had neuer ben had or made.
And that it may be further prouided and enacted, bi thauctoritie aforesayd, that albeit the title or stile of supremacy, or supreame hed of the churche of England and of Irelande, or eyther of them, neuer was, ne coulde be instly, or lawefullye attributed or knowledged to any kynge, or Soueraygne gouernoure of this realme, nor in anye wyse could, or might, ryghtfully, iustlye, or lawefully, by any kynge or Soueraigne gouernoure of thys realme, be claymed, chalenged, or vsed. Yet forasmuch as the sayd tytle and style, sithens the third day of Nouember, in the .xxvi. yeare of the reigne of the sayd kinge Henry theight, hath bene vsed, and is mētioned and conteined in diuers and fondry wrytes, letters patentes, recordes, exemplificatyous, court rolles, Charters, dedes, instrumentes, euidences, bokes and writinges. It shalbe lawfull, aswell to, and for youre maiesties and your soueraygne ladies heyres and successours, as to, and for euery other person, and persons, and bodies politike & corporate, at all tyme and times hereafter, to haue, retayne, and kepe the sayde wryttes, letters [...], recordes, exemplifications, court rolles Charters, dedes, instrumentes, euidences, bokes, and wrytynges▪ and them to shewe, exhi [...]ite, vse alledge, and pleade, in all tymes & places requisite or nedefull without any daunger, penaltie, losse, for feyture, trouble, ve [...]ation, or [...]peachement for the same, any thing in this acte or many other [...] or [...]tes, to the contrary thereof in anywyse, notwithstandyng.
And where your hyghnes Soueraygne Lady▪ synce your cōming to the crowne of this realme of a good and Chrystē conscience, omit [Page] ted to wryte the sayd Style of Supremacye, specified in one Act made in the parliament holden at Westminster by prorogatiō in the xxxv. yeare of the raygne of youre late father king Henry theyghte, aswell in gyftes, grauntes, letters patentes, as in commissions, and other wrytinges, and also other haue in theyr wrytynges done the same aswell in your tyme as before. And forasmuch as notwithstā dyng any lawe made concernyng the sayde Style of Supremacye, it was in the free choyse, libertie, and pleasure of the kynge of thys realme, and of your hyghnes, whether ye woulde expresse the same in the sayde Style or not.
Be it therefore declared and enacted by aucthoritie of this present parliament, that all grauntes, letters patentes, commissions indite [...]entes, recordes, and writinges, made in youre oure Soueraygne Ladyes name, or in the names of yours Soueraygne Lord & Lady, or any other, wherein the sayd Style of Supremacy is omitted is, and shalbe, to all intentes and purposes, as good and effectual, as y [...] the same had bene therein expressed, & may be deteined, kept, pleaded, and alleged, without any daunger, paine, penaltie, or forfaiture to ensue to any person or persons, or body politike, for or cōcerninge the omission of the same Style, or any parte therof, in any such writinges, & that no person ne persons, shalbe impeached, molested, or dampnyfyed, for or by reason of any such omission.
And where in an acte of parliament made since the sayd .xx. yere of Kyng Henry theyght, all Bulles, dispens [...]tions, and writynges which were before that time optained from the Sea of Rome, shuld be voyde, abolyshed, and extinguished, with a clause, neuertheles y t the matter of them, by vertue of letters patentes from the king thē beyng should, and myght be alleged, pleeded, and allowed, as if the same had not bene so abolyshed or extinguyshed. Forasmuche as the sayd Acte is here before amongest other repealed and made voyde.
Be it therefore enacted by aucthoritie of this present parliamente that all Bulles, dispensations, and priuileges, obteyned before the sayde .xx. yeare, or at any tyme sythence, or whych shal hereafter be opteined of the Sea of Rome, not conteining matter contrarye or preiudicial to the aucthoritie, dignitie, or preheminence Royal, or imperiall of the realme, or to the lawes of this realme, now being in force, and not in this parliament repealed, may be put in executyon, vsed and alleged in anye courte within this realme, or elles where whether the same remayne yet hole, or can appeare to haue bene cā celled, in as vayleable and effectuall maner, to all intents, & purposes, as yf the sayd Acte had neuer bene had or made. Anye obiection by pretence of extinguyshment, or cācellyng of the sayde Bulles, dispensations, or priuileges, or of any other matter or cause, by the pretente of the lawes of this realme, whatsoeuer in any wyse notwithstandyng.
[Page xxiii] And wher as by dissolution of monasteries, and other religious houses, certayne paryshe churches and chappeles which wer before exempte, from the iurisdiction of the Archbyshop and byshop of the diocesse, and by speciall exemption and priuelege from Rome, were vnder the gouernement and order of the Abbotes, and Prioures of those religious houses, whych sayde churches, by colour of the sayd exemptions, be nowe of speciall graunt from Kyng Henry, & kynge Edwarde, vnder the rule and gouernement, and iurisdiction of tē porall and laye men, who can no more enioye, that supremacye, ouer those particuler churches, then the king might ouer the hole realme
Be it therefore enacted, that all Archbyshoppes, & byshopes in their dioces, and all other spirituall person and persones, hauynge iurisdiction, and their ministers and offycers, and no laye person, or persones in euery Churche and place, within the precincte of y e same, beyng exempt, or not exempte, [...]aye freely, and without impedimēt execute their spirituall iurisdictiō in al pointes & articles, as though no such exemption or graunt had neuer bene made.
Prouyded alwaye, and be it enacted, that this act extend not to take awaye, or diminyshe the priueleges of the vniuersitie of Cambrydge and Oxforde, ne the priuileges, or prerogatiues graunted heretofore to the churches of Westminster, and Wyndesore, ne the Tower of London, ne preiudiciall, to suche temporall Lordes and possessioners in this realme, as by auncient custō [...] haue enioyed probate of Testamentes, of their tenauntes or other.
And forasmuch, as after this reconsiliation, and vnitie of this noble realme, to the body of Christes church, it is to be trusted, that by the aboundaunce of Goddes mercy, and grace, deuotion shal encrese and growe in the hartes of many Subiects of this realme, with desire to gyue & bestow their worldly possessions, for the resuscitating of almose, prayer, and example of good lyfe in this realme, to thintēt such godly motions and purposes should be aduaunced.
Be it therefore enacted by the aucthoritie of this present parliamēt that it shalbe lawefull to suche as shalbe sessed of any manours, lāds tenementes, personages tithes, pencions, portions, or other hereditamētes, whatsoeuer in fee symple, in possession, reuertiō, or remaynder, in their owne ryghtes, not beyng coppy hold, may therof make feoffamentes, grauntes, or any other assuraunces, or by his last will and Testament, in wryting, may be queath and geue in fe symple, al and euery the sayd manours, lādes, tenementes personages, tithes pencions, portions, or other hereditamentes, to any spirituall body politike, or corporate in this realme or dominions of the same, nowe erected or founded, or hereafter to be erected or founded: withoute any lycence of mortmayne therein to be opteyned: or any wrytte of [Page] ad quod dampnum to be sued out for the same, the actes de terri ad manum mortuam non ponendis, or any other acte or statute, heretofore had or made in any wise notwithstanding.
Sauyng to the Lordes of the fee, all rentes, seruices, dew, or goyng out of any of the sayd land or tenements, or hereditaments, so to be amortized, as is aforesayd.
Prouyded alway, that this clause of this acte, for geuing the libertie of, or for the amortezing of landes or tenementes, shall continue for, and duryng the space of .xx. yeares nexte, and immediatelye folowyng, and no lenger.
And forasmuch as we your maiesties humble and obedient subiectes, the lordes spirituall and temporall, and commons in this present Parliament assembled, neither by the making; or deliuering of either the supplications aforesayde, nor by any claufe, article or sentence thereof, or of any other clause article or sentence of this, or any other Statute, or any of the pream [...]es of the same, made, or agreed vpon in this session of this present parliamēt, by any maner of interpretation, cōstruction, implication or otherwise intende to derogate empaire, or diminishe any of the prerogatiues, liberties, fraunchisies preheminences, or iurisdictions of your Croune Imperiall of thys realme, and other the dominious to the same belonging, we do most humbly besech your maiesties, that it maye be declared, and ordeyned, and be it enacted and declared by aucthoritie of this presēt parliament, that neither the makyng, exhibiting, or insertinge in thys present statute, or in the preambles of the same, of the supplications or promys aforesayd, or either of them, nor any other thing or thinges, wordes, sentences, clauses, o [...]rticles in the preambles or body of the actes, aforesayde▪ shal be construed vnderstanded or expoūded to derogat, diminishe or take away any the liberties▪ priuileges, prerogatiues, preheminences, auctorities, or iurisdictions, or any parte or percel therof, which were in your imperial croune of this realme, or dyd belong to your said imperiall croune the twenty yeare of the reigne of yours the Quenes maiesties moste noble father, or anye other your most noble progenitours, before the sayd twētye yere, & the popes holines, and Sea Apostolike, to be restored, and to haue and enioye such aucthoritie, preheminence, and iurisdiction as hys holines, vsed, and exercised, or myght lawfully haue vsed and exercised biaucthoritie of his supremacie, the said twētie yere of the reign 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 Archebyshoppes, Bishoppes, and ordinaries, to be in the same state, for processe of suites, punyshment of crimes, and execution of censures of the churche, wyth knowledge of causes belongyng to the same, & [Page xxiiii] as large in these poyntes▪ as the sayd iurisdiction was the sayde .xx. yeare.
Prouyded alwayes, and be it enacted by thaucthoritie aforesayd, that in and vpon euery such gyftes and deuyses, to be made to such spirituall corporations, or persones as is aforesaid, the donor feoffer, or diuisor thereof may reserue to hym▪ and to his heires for euer, a tenure in franke almaine, or a tenure by diuine seruice: & 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 thyrd (commonlye called) Quia emptores terrarum. The sayde estatute or any other lawe or custome nowe beyng to the contrary in any wyse notwithstandyng.
Prouyded alwayes and be it enacted, that all and euery persō & persones, and bodyes politike and corporate whyche nowe haue or hereafter shall haue any estate of enheritaunce, freholde, terme, or in trest, of, in, or to any portiō, pention, tithes, glebelandes, or other ecclesiasticall or spirituall profytte, whyche by this acte, and lettres of dispensatiō rehearsed in the same, be permitted & suffred to remaine and continue in laye mens possessions, shall and may haue like remedye for the recououery of the same, and euery parte thereof as they and euery of them myght haue had before the fyrste day of this present Parlyament. Any thynge in this acte conteyned to the contrary in any wyse notwithstanding.
¶ An Acte for the punishment of traiterous wordes agaynst the Quenes maiestie. ¶ The .ix. Chapiter.
FOrasmuch as now of late diuerse noughty sedicious malicious, & heretical persons, not hauing the fere of god before their eies, but in a deuillishe sort, cōtrary to the duetie of their allegiaūce, haue cōgregregated thē selues together in cōuenticles, in diuerse & sondr [...] prophāe places with [...] this citie of Lōdō esteming thē selfes to be in the true faith, wher in dede they are in errours & here sies, & oute of the true trade of Chrystes catholike religion, & in the same places at seuerall tymes, vsing theyr phantasticall and scismaticall seruices, lately taken awaye, and abolyshed by aucthoritie of parlyament, haue of theyr most malicious & cankerde stomakes, praied agaynst the Quenes maies [...]ie, that God would turne her hert from Idolatrye to the true fayth, or ells to shorten her dayes, or take her quickely out of the waye, whyche prayer was neuer harde nor rede to haue ben vsed by anye good Chrystian manne, agaynste anye [Page] Prynce though he were a pagan, and infidele, and much lesse against any christiā Prynce, and especially so vertuous a Princes, as our soueraygne Lady that nowe is knowen to be, whose faithe is and alwayes hath bene most true and catholique, and consonaunt & agreing with Chrystes catholique church, throughout the worlde dispersed.
For reformation whereof, be it enacted by thauctoritie of this present parliament, that euery such person and persones, whych sence y e begynnyng of this present parliament, haue by expresse words and sayinges, prayed, required, or desyred, as is aforesayd, or hereafter shall praye, by expresse wordes or sayinges, that God should shorten her dayes, or take her out of the way (whose lyfe almighty god lōge preserue) or any such lyke malicious prayer, amounting to the same effecte, their procurers and abbettours therin, shalbe taken, reputed and iudged traytours, and euery such praying, requiring, or desyryng shalbe iudged, taken, and reputed hygh treason, and the offendours therin, their procurers and abbettours, beyng therof laufully conuicte, accordyng to the lawes of this realme, shall haue, suffer and forfeyte, as in cases of high treason.
¶ Prouyded alway and be it enacted, that yf any person or persons shall be indicted for any the offences aforesayde, done and perpetrated duryng this session of this present parliament, and vpon hys or their arreignement, shal shewe him or themselues penitent for ther offence, and submitte him or them selues to the kyng and Quenes mercy, and humbly desyre the same, before such Iustices or commissioners, before whom he or they shalbe arraygned, that thē no iudgement of conuiction or attayndour of treason, shalbe gyuen agaynste any such person or persones, so beyng penitent, and submittinge thē selues, as is aforesayd. And in euery such case, the iustices or cōmissioners, before whome such person or persōs shalbe arraygned, shall haue aucthoritie by vertue of this acte, to prescribe, adindge, & appoynte, such corporall punishment, other then death, to such offēder and offenders, as to them by their discretion shall seme conuenient, and vpon that penaunce prescribed and done, to be discharged of the sayde treason, comprised in that inditement.
¶ An acte wherby certayne offences be made treasons, and also for the gouernement of the kynges and quenes Maiesties issue. ¶ The .x. Chapyter.
[Page xxv] FOrasmuch as the greate mercy & clemency heretofore declared bi the y e Quenes highnes, in releasing the penal lawes, made by her progenitours, hath giuen occasiō to many cankarde & traiterous harts to ymagine, practyse, & attempte things, stirring y e people to disobedience, & rebellion against her highnes common polecy, and duetie of subiectes, require that some lawe be eftsones establyshed to restrayne the malyce of suche wycked & euill doers, wherby they may be prehibited to blowe abrode such shamefull slaunders and lyes, as they daylye inuente and imagine of her highnes and the kynges maiestie her mooste lawefull husbād, which when they be hard can not be but odible, and detested of all good mē consyderyng they touche their maiesties, vpon whome dependeth the whole vn itie, and vniuersall welth of this realme.
In consideration whereof be it ordeined and enacted by the king and the quenes maiesties, with thassente of the lordes spirituall and temporall, and of the commons in this present parliament assēbled and by the auctoritie of the same, that if any persō or persons after the first day of February next to come during the mariage betwene the king, & the quenes maiesties, do compasse or imagine to depriue the kinges maiestie, that nowe is, frō the hauing & inioyning ioyntly together with the quenes hyghnes the stile, honour, and kinglye name of y e realmes and dominions vnto our sayd soueraygne Lady the quenes highnes appertaining, or to destroie the kyng that now is, duryng the sayd matrimonye, or to destroye the quenes maiesti [...] that nowe is, or the heires of her bodye begotten, beynge kinges or Queenes of this Realme, or to leauye warre within thys Realme of England, or within any of the marches of the same, agaynste the kynges maiestie, that nowe is, duryng the sayd mariage or against the quenes maiestie that nowe is▪ or any of her sayde heyres, beyng kynges or quenes of this Realme, or to depose the quenes maiestie that nowe is, or the heires of her body begotten, beynge kynges or quenes of this realme, from the Imperiall croune of the Realmes and dominions abouesayd. And y e same compasses, or imaginations or any of thē maliciously, aduisedly, and directly, shall, or do vtter by open preachyng, expresse wordes, or sayings or if any person or persones after the sayde fyrst day of February by preching expresse wordes or sayinges, shall maliciously, aduisedly, and directlye, saye publyshe, declare, maintaine or hold opinion, that the kynges maiestye, that now is duryng the said matrimony, ought not to haue or inioy ioyntlye together with the queenes maiestie, the stile, honoure, and kyngly name of this realme, or that any persō or persons, being neither the kyng or the queenes maiesties that nowe are duryng the sayd matrimony betwene them, ought to haue or enioy the stile, honoure, [Page] and kyngelye name of this realme, or that the Queenes maiestie, that nowe is, duryng her life, is not, or of right ought not to be quene of this realme, or after her death, that the heires of her highnes body beyng kyngs or quenes of this realme of right ought not to be kynges or quenes of this realme, or to haue and enioye y e same or that any person or persons, other then the quenes maiestie, that now is during her life, ought to be quene of this realme, or after her death other then the hetres of her body beyng kinges or queenes of this realme, as long as any of her said heyres of her body begottē, shalbe in lyfe, or ryght ought to haue and enioy the imperial crowne of this realme. That then euery such offendour, beyng there of duly conuicted, or attainted bi the lawes of this realme, their abbettours procurers, and counsailours, and all, and euerye their comforters, kno wynge the sayde offences, or anye of theym to bee done, and beyng thereof conuicted or attaynded, as is abouesaid, for his or their such offence, shall forfeite and lose to the quenes highnes, her heires and successours, all his and their goodes, and cattels, and the whole issues and proffytes of his and their landes, tenementes, and other hereditamentes, for terme of the lyfe of euery such offendoure or offendours, and also shall haue, and suffer, during his & their liues perpetual imprisonment.
Prouyded alwayes and be it enacted by thauctoritie aforesayde that all and euery ecclesiasticall person being conuicted or attainted in fourme aforesaid, for euery such his offence, shalbe depriued by the ordinary from his promotion spirituall or ecclesiasticall, in such like maner and fourme, that it shalbe laweful for euery patron, foūder or giuer thereof, to present, after suche depriuation had, some one other to the same, as though the sayd offendoure or offendours, were decessed. And if any person or persons beyng hereafter conuicted, or attaynted of any the sayde offences, in fourme aforesayd cōmitted shal after his or their conuiction, or attainder, eftsones commit or perpetrate any of the sayd offences, in forme aforesayd. That then euerye such seconde offence or offences shalbe demed, and adiudged hyghe treason, and the offendour or offendours therein, their abbettoures procurers, and councelloures, and al, and euery theyr aidours & cō forters, knowing the sayd offenses, or anye of them to be done, beyng thereof conuicted or attainted, accordyng to the lawes and statutes of this realme, shalbe iudged and demed hyghe traytours, and shall suffer paynes of deathe, and lose and forfeyte all their goodes, & cattels landes, and tenementes, to the quenes maiestie, her heires and successours, as in cases of high treason, by the lawes of this realme at this day, of ryght ought to be lost and forfeyted.
And be it further enacted by the said aucthoritie, y t if any persō or persones at any time after the said first dai of February next to come [Page xxvi] duryng the sayd marriage, compasse, or ymagine the death of y e kinges maiestie, that nowe is, and the same maliciously, aduisedly & directly shall vtter and attempte by any writing, printing, ouert dede or acte, or yf any person or persons at any time after the said first dai of February next comming, shall maliciously, aduisedly, and directly by writing, printing, ouert dede, or act, affirme that the kynges maiestie, that now is, duryng the said matrimony, ought not to haue or enioye ioyntly togethers with the quenes hyghnes, the stile, honor and kyngly name of this realme, or that any person or persōs, being neither the kyng, or the Quenes maiestie, that nowe is, duryng the sayd matrimony betwene them ought to haue and enioy the stile honour, and kyngly name of this realme. Or yf any person or persons, after the sayde day by any writing, printing, ouert dede, or act, maliciously, aduisedly, and directly, do affirme, that the quenes maiestie that nowe is, duryng her lyfe is not, or ought not to be quene of this realme, or after her death, that the heires of her highnes body being kynges▪ or quenes of this realme▪ of ryght ought not to haue and enioye the imperiall Crowne of this realme, or that any person or persones other then the quenes maiestie that nowe is, duryng her lyfe or after her death, other thē the heyres of her body begotten, being kynges or quenes of this realme, as longe as any of her sayd heires of her body shalbe in lyfe, of ryght ought to haue and enioye the imperiall crowne of this realme. That then euery such offence and offences shalbe adiudged hygh treasō, & the offender & offēders there in, theyr abbettours, procurers, & coūcellers, and al and euery their ayvours, and comforters, knowyng the sayd offences, or any of thē to be done, beyng thereof conuicted, or attaynted by the lawes & statutes of this realme, shalbe demed and adiudged high traytoures & shall suffer paynes of death, and loose and forfeyte al their goodes & catteles, landes, and tenementes to the Quenes maiestie, her heires and successours as in cases of high treason, as is abouesayd.
And albeit we the lordes spirituall and temporall, and the cō mons in this present parliament assembled, haue firme hope and cō fidence in the goodnes of Almyghty god, that like as he hath hether to miraculously preserued the quenes maiesty from many greate & imminent periles & daūgers, euen so he wyll of his infinite goodnes gyue her highnes strength, the rather by our continuall prayers to passe well the daunger of deliueraunce of chylde wherwith it hathe pleased hym▪ (to all our great comfortes) to blesse her. Yet forasmuch as all thynges of this worlde be vncertayne, and hauynge before our eyes the dolorus experience of the inconstant gouernemēt duryng the tyme of the reigne of the late kyng Edwarde the syxte, do playnely se the manifolde inconueniences, greate daungers, and peryls, that may ensue to this hole realme, yf foresyghte be not vsed [Page] to preuent euyll chaunces, yf they should happen. For the eschewing whereof, we the Lordes spirituall and temporal, and the commons in this present parliament assembled for & in consideration of a most special trust and confidence, that we haue & repose in the kinges maiestie, for and concernyng the good and politike gouernemēt, ordre, and administration of this realme in the tyme of the yonge yers of the issue or issues of her maiesties body to be borne, if it should please God to call the quenes highnes out of this present lyfe duryng the tender yeares of such issue or issues (whych God forbyde) according to such ordre and maner as hereafter in this present acte, his highnes most gratious pleasure is should be declared and set forth, haue made our most humble suete by thassent of the quenes highnes that his maiestie would vouchsafe to accepte and take vpon him the rule ordre, education, and gouernement of the sayd issue or issues to bee borne, as is aforesayd, vpon which our suit being of his said maiestie most graciously accepted. It hath pleased his highnes not onely to declare, that like as for the fyrst part his maiestie verely trusteth, y • almighty God, who hath hetherto preserued the quenes maiestie, to giue this realme so good an hope of certayne successiō in y e blud roial of the same realme, wil assest her highnes with his graces & benedictions to see the frute of her bodye wel broughte forth lyue, and able to gouerne, where of nether all this realme ne al the world besides shold or coulde receaue more cōforte, then his maiestie shuld & wold. Yet yf such chaunce shuld happen, his maiestie at our humble desirs is pleased and contented, not alonely to except and take vpō him y e cure and charg of the education, rule, ordre, and gouernemēt of such issues, as of this most happy mariage shalbe borne betwene the quenes highnes and him, but also during the time of such gouernment, wold by alwayes and meanes study, trauayle and employe himselfe to aduaunce the weale, bothe publique and priuate of this realme, & dominions there vnto belongyng, accordyng to the said trust in his maiestie reposed, with no lesse good wyll and affection, then yf hys hyghnes had byn naturally borne amongest vs.
In consideration wherof be ir enacted by the kyng and the queenes most excellent maiesties, by thassente of the Lordes spirituall & temporall, and the commons of this present Parliament assembled, and by thauctoritie of the same▪ that yf it shal so please God, to call the quenes maiestie out of this present lyfe, which god forbydde, before the issue of her body, inheritable to the crowne of this realme if it be male shal accomplishe the age of .xviii. yeares, or if it be female, before it shalbe of the age of .xv. yeares, and not maryed after y e age of consent, and before the sayd age of .xv. yeares. That then & immedialy after, and from the deceasse of our sayd Soueraygne Lady y e quene, the kinges maiestie that now is, shall haue the rule, order, education [Page xxvii] and gouernemente of the person of suche issue, or issues, and the rule, ordre, and gouernement (vnder suche issue, or issues) of thys realme, and the dominions to the same belongyng, vntyl the same issue or issues, inheritable to the imperial croune of this realme, yf it bee male, shall accomplyshe the full age of eightene yeares and if it be female, vntyll such issue female, shall accomplyshe the age of fiuetene yeares, and be maried after the age of consēt, and before the said age of fiuetene yeares, if the sayd issue or issues, & oure sayd soueraigne Lord the kyng, shall so longe liue together, and that durynge, & by all the tyme of such gouernement, all, and euerye the pactes, couenauntes, articles, and agrementes, mencioned and comprised in the treatises, and act of Parliament, and euery of them made, and concluded, for and concernyng the honourable mariage, had and cōsummate, betwene the Kyng and Quenes Matesties which on the behalfe of his Maiestie, bene to be obserued, perfourmed & kepte, shal after the deceasse of the Quenes Maiestie, durynge the time of the sayd gouernement, remaine, continue, and be in as good, & ful force strength, and effecte, to all intentes, and purposes, as they were at any tyme, duryng the sayde Mariage, or nowe bene, as if they were newly by apte wordes, termes, and sentēces, inserted and rehersed in this present Acte, and newly made and enacted, to stand, remaine continue, and to be obserued, and kept, durynge the tyme of the said gouernement, and shalbe by his Maiestie, duryng the sayde time inuiolably obserued perfourmed, mainteined, and vpholden, in suche sorte, and in as full large, and ample maner, to all respectes, as they should, and ought to be, duryng the tyme of the sayde mariage, or after, and his highnes, and the Quenes most excellent Maiestie, are pleased and contented, that it be enacted by this present Parliament that nothynge shalbe done permitted, or assented vnto by his Maieiestie to the contrary.
And be it further enacted, by the aucthoritie aforesayd, that if any person or persones, duryng the tyme that our sayd soueraigne lord the kyng that nowe is, shall, and ought to haue the ordre, rule, educacion, & gouernement of such issue, or issues, beyng kynge or Queene of thys realme, accordyng to the ordre and prouision aforesayd maliciously, aduisedly, and directely, biwritynge, prynting, ouert dede or acte dooe compasse, attempte, and go aboute to destroye the person of our said soueraygne lorde, or do depriue, or remoue his sayd highnes from the order, rule education, and gouernemente of the same issue, or issues, beyng Kyng or quene of this realme, contrary to the tenoure, entent, and true meaning of this present acte, that then euery such person or persones so offendyng, their procurers and abettours, beyng thereof lawfully conuicte or attainted by the lawes of this realme, shalbe demed and adiudged high Traitours: And that [Page] all and euery such offence and offences, shalbe demed and adiudged hygh treason, And the offendour and offendours therein, their procurers, counsaylours, and abbettours, shall incure the daūgers, forfeytures, and penalties of hygh treason.
And be it further enacted by thaucthoritie aforesayd that al trials hereafter to be had, awarded, or made, for any treason, shalbe had, & vsed onely, according to the due order & course of the cōmon lawes of this realme, and not otherwyse. Sauynge to euery person & persones, bodyes poytyke and corporate, their heires, and successours other then the offendours, and their heires and such person & persones, as clayme to any of their vses, al such ryghtes, titles, interesses, possessions, leasses, rentes, reuertions, offyces, & other profites, whych they or any of them shall haue at the daye of the committing such treasones, or at any tyme afore, in as large & ample maner, as if this acte had neuer bene had nor made.
Prouyded alwayes, and be it declared and enacted by thauctoritie aforesayde, that conceylement, or kepyng secret of any high treson, be demed and taken onely, misprisyon of treason & the offēders therein to forfeite and suffer, as in cases of misprision of treason hath heretofore bene vsed. Any thynge aboue mencioned, to y e contrarye notwithstandyng.
Prouyded also, that yf 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 thys acte, that then the same pares, or peare, so beyng indicted, shalbe put to aunswere vnto euery suche endictement, before the high stewarde of Englande for the tyme beyng and to haue his and their triall by his and their peares, and to receaue and haue such like iudgement vpon the same 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 person or persones shall in any wyse be impeched for any of the offences abouesayde, committed onely by open preachyng or wordes, onlesse the offēder or offēders be therefore indicted within syxe monethes, next after the same open preachyng or wordes. Any thing cōteined in this acte to the contrary notwithstandyng.
Prouyded alwayes, and be it enacted by thauctoritie aforesayde that vpon the arraygnement of any person, whych hereafter shal for tune to be arraygned for any treason, mentioned in this act, all and euery such person & persones, or two of thē at the least, as shal hereafter wryte, declare, confesse, or depose any thing or things against the person to be arraygned, shal, yf they be then liuing, & within the realme be brought forth in person before the partie arraygned, if he requyre the same, and obiecte, and saye openly in his hearing what [Page xxviii] they or any of them can agaynst him, for or con [...]ernyng any the treasones, conteined in the indictment, whervpon the partie shalbe so a [...] rayg [...]ed, onlesse the partie arraygned for any such treason, shal wil lyngly confesse the same at the time of his or their arraygnement.
Prouided neuerthelesse, & be it enacted by thaucthoritie aforesaid that in al cases of high treason, concernynge coyne curraunt within this realme, or for counterfeytyng the king or Quenes sygnet▪ pryuie seale, great seale, or sygne manuel, such maner of tryal, and none other be obserued and kept, as heretofore hath bene vsed by y e common lawes of this realme. Any lawe statute, or any other thinge or thynges to the contrary notwithstandyng.
Prouyded alwayes, that the councellours, procurers, cōforters, and abbettours for his or their first offēce shal suffer like punishmēt penaltie, and forfeyture, as is conteyned in this acte against y e pryncipal offendours for their first offence, and none other, And that the counsellours, procurers, comforters, & abbettoures, for his or their second offence shall susteyne lyke punyshment, penaltie, & forfeyture as is conteined in this act agaynst the principal offendour or offendoures for their second offence, and none other.
¶ An acte for the punishment of brynging in of counterfeyte coyne of forrayne realmes, beynge curraunte wythin this realme. The .xi. Chapiter.
WHere diuerse and sondrye coynes of golde and siluer 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 quene our Soueraigne Lord and Lady, be curraunt in paiment within this realme, many yl disposed persons for their owne corrupte lucre & aduaūtage, haue now of late brought into this realme, from the parties of beyonde the sea, greate quantitie of forged and counterfayte mony, lyke to the said coine of other forreyne realmes, and haue vttered the same here by marchaundising, and otherwyse to diuerse of the subiectes of this realme, to their greate deceyt hurt and dammage, because the sayde yl disposed persones haue perceaued and vnderstanded, that there was not, nor yet is any sufficiente lawe or statute made or prouided for the condigne punishment of the offendours in that behalfe.
Wherefore be it enacted and established by the aucthoritie of this present Parliament, that yf any person or persones, after the twentye daye of Ianuary next commynge, shal bryng from the partyes [Page] of beyonde the sea into this realme, or into any the dominions of the same any such false and counterfeyte coyne or money, beyng curraūt within this realme as is aforesayde, knowyng the same [...]oine or money to be false and counterfeite, to thintent to vtter, or make paimēt with the same within this realme, or any the dominions of the same, by marchaundisyng, or otherwyse, that all and euery suche person or persones so offendyng, as is aforesayde, their counsaylours, procurours, aydours, and abbettours in that be halfe shalbe demed & iudged to be offendours in high treason, and shall suffer after lawefull conuiction or attaynder thereof, such paines of death, losse and forfaiture of landes, goodes, and cattelles, as other offendoures shal do, in cases of high treason.
And be it further enacted by the aucthoritie aforesayd, that al, & euery person and persons, that shall at any tyme after the sayde .xx. day of Ianuary, be accused or impeched of any of the offēces, conteined and prouided for in this estatute, or of any other offence or offences, concernyng the impayrynge, counterfeyting, or forgyng of any coyne curraunte within this realme, shall and maye be endicted, arreyned, tryed, conuicted, or attaynted by suche like euidence, and in such maner and fourme as hath bene vsed & accustomed within this realme, at any time before the fyrst yeare of the raygne of our late soueraygne lorde kyng Edwarde the sixt. Any statute, custome lawe, or vsage to the contrary thereof in any wyse notwithstanding.
¶ An acte for the impounding of distresses. The .xii. Chapyter.
FOr the auoydyng of greuous vexations, exactions, troubles, and disorder in taking of distresses, and impoundynge of cattel, be it enacted by aucthoritye of this present Parliament, that frō, & after the first dai of Apryl next cōming, no distresse of cattel shalbe driuen out of y e hūdred, rape, wapentake, or lath, where such dystresses is, or shalbe takē, except it be to a pounde, ouertwithin the sayd shire, not aboue thre myles distaūt, from the place where the sayde dystresse is taken, & that no cattell, or other goods distreined, or taken by way of distresse, for any maner of cause: at one tyme shalbe impoūded in seueral places, whereby the owner or owners of such dystresse shalbe constrayned to sue seuerall repleuis for the deliuery of the sayde distresse, so taken at one time, vpō payne euery person offendyng contrary to this act, shal forfeyte to the party greued for euery such offence a hundred shyllynges, and treble damages.
And further be it enacted by thauctoritie aforesayde, that after [Page xxix] the said first day of Apryl, no persō or persones shall take for kepin [...] inpounde, imponndyng, or pondage of any maner of distresse, abou [...] the somme of .iiii. pence for any one whole distresse, y t shalbe so impoū ded, and where lesse hath bene vsed, there to take lesse, vpon y e payne of fyne pounde to be payd to the party greued, ouer & besydes suche mony as he shall take, aboue the some of foure pence. Anye vsage or prescription to the contrary in any wyse notwithstandyng.
And for the more spedier deliuery of cattell, taken by waye of distresse, it is further enacted by the sayd aucthoritie, that euery Shiriffe of shires, being no cities nor townes made shyres, shall at his first countie day, or within two monethis nexte after he hath receaued his patent of his office o [...] shirifwike, shall depute, appoint & proclayme in the shyre towne within his baylyweke, foure deputies at the least, dwellyng not aboue twelue myles, one dystaunt from another, which sayd deputies so appoynted & proclamed, shall haue auctoritie in the sheriffes name to make repleuies, and deliueraunce of such distresses, in such maner & four me, as the sheriffe, mai or ought to do, vpon paine that euery Sheriffe, 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 shalbe 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 shalbe 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 y e 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 y e [Page] 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 y e 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 shalbe 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 shalbe 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 shalbe, then and ther to geue euidence against the partie so indicted at the tyme [Page xxx] 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, shalbe 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 shalbe 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 queene, for euerye such writte and writtes fiue poundes.
¶ An act for the makyng of russel sattens, sattens reuerses, and fustian of Naples in Norwiche. ¶ The .xiiii. Chapter.
[Page] WHere of late yeres passed russels, called russels sattēs and sattens reuerses, haue bene practised to be made beyonde the seas of the wolles bredde in the county of Norfolke, and by reason therof so great quantytye of the sayde russelles sattens, sattens reuerses, haue ben brought into this realme, solde & worne aswel in euery part of this realme, as in y e partes beyonde y e seas that thereby the mysteries of worstedes makynge and weuynge, whereby marchauntes and inhabitauntes of the citye of Norwiche, haue heretofore ben wel maynteyned and relieued, is now at this present [...]lmost wholy decayed and brought out of estimation, and verye lyt [...]e worne, either within this realme, or in any other forreyne realms to the great hynderance, and decay of the sayde cytye, and Citezens of the same citye. For remedy wherof Thomas Marsham, Maiour o [...] the citie of Norwiche Iohn Corbet Esquier, Austen Stewarde, Robert Leche, Robert Rugge, Iohn Ball, and Alexander Mather Aldermen of the sayd citie. Thomas Whal, Thomas Pecke, Raphe Marsham, Robert Henry, Iohn Sutton, Rycharde Tomson, Cytezins and marchauntes of the sayd citye, at their great costes and charges, aswel in brynging of certayn strangers from the partes beyonde the seas into the sayd citie as also in makyng of Lombes, and all other prouision for the same, and also haue called vnto them eight persons of the most discrete and worthy men of the misterye of Worstede weuyng, within the sayd citie, that is to saye, Iohn Cooke, Iames Lyn, Iohn Crosse, Simō Pe [...]it, Iohn Marshal, Roger L [...]cke Edmond Barker, and Edmonde Selers, beynge the number of .xxi persons, which haue not only made Russels Sattens, and Sattens [...]euerses, and fustian o [...] Naples within the said citie of Norwich of [...] wolles, but also haue learned & taughte other citezins and in [...]auntes of the said citie to make the same, in such good and perfect maner, that much better Russels Sattens, Sattens reuerses, and fu [...]a [...] of Naples, and such lyke, and for easier prices, be now at this present wrought and made within the sayd citie, then hertofore hath ben, or nowe be made in anye of the parties beyonde the seas, whereby the said citie and inhabitauntes therof maye, and be lyke agayn [...] to be relieued and broughte to the olde estate, to the greate aduauncement of the commodities of this realme, and enrichynge the [...]ame, yf some good and polityke lawes and ordinaunces were made fo [...] the good continuaunce of the true makynge of the sayde Russels Sattens, Sattens Reuerses, and Fustian of Naples, and suche lyke.
In consideration whereof be it enacted by the assent of the kynge and quenes hyghnes, the Lordes spirituall and temporall, and the commons of this present Parliament assembled, and by thauctorytie [Page xxx] of the same, that the saide russels sattens, and sattens reuerses, & fustian of Naples hereafter to be made only wythin the sayd city, may from henceforth [...]er [...] the name, and be called by the name of Norwiche sattens and Norwich fustians, and that the maior and the afore mencioned citezens of y e same citie▪ which before thys tyme hath ben at the costes and charges of the bringyng of the sayd strangers into the same city, for y e makyng of the sayd russels sattens, sattens reuerses and fustians of Naples, and such the afore mencioned eyght persons, that they haue called vnto them shalbe a felowshyp of thēselfes and shal yerely the thyrd daye of February choose of theyr felowes, foure wardens within the guilde hall of the sayd citie, or anye other common and conuenient place in the same cytye, and the same wardens so beynge choosen, shall stande and be wardens of the same felowshyp duryng one whole yeare, next ensuing y e said election & that the same wardeynes after the sayd election shal come before the maior of the sayd city for the tyme being, yerely the mondaye next after the saide thyrde daye of February, and before the sayde maior shalbe sworne diligently to viewe search, and see al the russels sattens, sattens reuerses, and fustian of Naples, then made or that shalbe made within the sayd citie, duryng the sayd yeare. And suche of the sayde russels sattens, sattens reuerses, & fustian of Naples, as shal apeare and be demed by them to be lawfully truely & workmanly wrought shal seale with a seale of leade, bearing the armes of the citie of Norwiche, wherby it may be knowen to the marchaunt or buyer of them that the same be allowed and truly made.
And that also it may be enacted by the auctorytye aforesayd, that the sayd wardens and felowshyp shalbe a bodye corporate, and to be named and be enabled by this act to sue, and be sued and to geue, and to take by the name of wardeynes and felowshyppe of the mysterye of russel sattens, sattens reuerses, and fustian of Norwiche makyng within the sayd citye of Norwiche. And yf any defaulte at any tyme shalbe founde in any of the sayd russels sattens, sattens reuerses & fustian of Norwich, or in any of them by the sayd wardeynes, that the same default shalbe reformed and the offendour or offendours therin to be punished according to such rules and ordinaunces, as hereafter from time to tyme shalbe made within y e sayd city by the maior of the sayd city for the tyme beyng, and by the sayde foure wardeynes, and the felowshyp of the sayde occupation or mysterye, or the greatest number of the sayd felowshyppe for, and concernynge the same, and that the same defaultes from time to time, as occasion shal serue shalbe enquired of, & tried before the maior of the sayd cytye of Norwiche for the time beynge, by the othes of twelue honeste menne of the foresayde felowshyppe. And that the sayde foure wardeynes so chosen and sworne, shal haue full power & auctorytye, to doo execute, [Page] present, and reforme all and singuler thyng and thinges, of, for, and concernyng the sayd mysterie, makyng workyng and occupiynge of the said russels sattens, sattens reuersers & fustian of Norwich with in the sayde citie in such maner and forme as in or by the sayde ordynances shalbe expressed and declared, and that [...]t al tymes hereafter and from time to time it shal lawfull to the Maior of the sayde cytye for the tyme beyng, and to the before named felowshyp & wardeynes of the same mysterie, and the more part of them, & to their successors, to make and ordeyne from time to time rules, lawes & ordinaunces mete and necessary for the good order and gouernance of y e sayd mystery, and for the true and wel makyng of the sayd russels sattens, sattens reuerses, and fustian of Norwiche, and the same ordinances so made to be at al tymes obeyed by al thin habitaunce of the said city, or [...]uburbes of the same & to be put in due execution by the said maior & wardeyns, and their successors for the time beyng in such maner and forme as by y e sayde ordinaunce shalbe ordeyned and declared. And y e such as now be and y e hereafter shalbe makers of the said russels sattens, sattens reuerses, & fustian of Norwich, & euery of them within the sayd city shal not from hence forth occupy y e sayde mysterie & making of the said russels sattēs, sattens reuerses, & fustyan of Norwiche, nor any of thē within the sayde city by them selues, or by anye other, before he or they so occupying the sayd mystery within the sayd citie be made free of the sayd citie, and admitted to be of y e sayd felowship by the maior of the sayde citie, & wardeyns and felowshyp of the said mysterye for the tyme beyng. And y t no person do occupy by him selfe or any other for him out of the sayd city, the sayd mysterie of makyng of russels sattens, sattens reuerses, & fustians of Naples or of any of them, before he or they so occupiyng the same, haue ben prētice to the said mysterie by the terme of seuen yeares, or els admitted by the sayde maior and felowshyp or y e more part of them, vpon payne of forfeyture of y e same russels sattēs, sattens reuerses, & fustiā of Norwich by thē or any of thē to be made cōtrary to the forme of this act.
Prouided alwaies & be it enacted by thauctoritye aforesayde, that the sayd maior and wardeyns for the tyme beyng shal not take anye summe of money, or reward to their owne proper vses for the admitting of any person or persons, to occupy the said mystery vpon paine of forfeyture of treble the value of the reward or summe of money so by them or any of them to be taken.
Prouided also, that it shalbe lawfull to the sayde wardeynes, and to euery of them for y e time being, by al wayes and meanes & at al lawful times, diligētly from time to time, to make search by dewe & ordinary waies, for al maner of the said russels sattens, sattens reuerses and fustian of Norwiche, that shal happen to be found by them defectiue, for lacke of good and true workmāshyp. And that it shalbe lawfull [Page xxxii] to the sayd wardeynes & euery of thē for the time being by vertue of this acte, to sease & take the sayd russels sattens, sattens reuerses▪ and fustian, & bringe and present the same clothes so seased & taken, to the Maior of y e said citie for the time being, & vnto his successors▪ to thintent that twelue honest, lawful, and expert men of y e said mysterie, & felowship being sworne before the said Maior, mai by vertue of their othes, make inquirie, and present the maner of the sayde defaultes before the said Maior, for the time being according to such good and holsom ordinances and rules, as shalbe ordeined and made for the conseruation & good continuance of the saide occupation and misterie, & the true makyng and working of the said russels sattens, sattens, reuerses, & fustians of Norwiche. And that al & euery persō and persons, that shall occupy, vse, & exercise the said misterie, or making of the said russels sattens, sattēs reuerses, & fustians of Norwiche, or any of them, contrary to the forme, tenour, playne meaning▪ & intent of this act, and of the rules and ordinaunces, that at any time hereafter by auctoritie of this acte shalbe ordeyned & made for y e continuaunce of the true & perfect making of the said russels sattens, sattens reuerses & fustian of Norwiche, shal forfeyte and lose for euerye tyme so offending, or making any russels sattens, sattens reuerses, & fustian of Norwiche, contrarie to the meaning, tenour & effect of the said acte, rules, and ordinaunces, concerning the same, suche fines, amerciamentes, & paines as shalbe adiudged, assessed, and affered by twelue experte men of the said felowship vpon their othes, the same twelue persons to be sworne before the said Maior & wardeynes to enquire and make true verdict, & presentment of such defaultes, the one half of al which forfeyture to be to y e Maior of the said citie for y e time being, & his successors, and thother moitie to the said wardeins for the tyme being, & ther succssours, by action of dette, bil playnt, or informatiō in any courte of record, in which action, bil, plaint or information no wager of lawe, protection, inuenciō, or forren Ple, shalbe allowed. And in case it shal fortune hereafter, y t any of the said russels sattens, sattens reuerses, & fustian of Norwich shal lacke of such lengthes & bredes, or of the true & ensuing making or sorting of y e yarne as shalbe appointed, & set furth by the sayd rules & ordinaunces, and the same so to be found defectiue by verdict of twelue men of y e sayd feloshyp before the sayd Maior & wardeins & their successors: That thē the said russels sattens, sattens reuerses, & fustians of Naples, & euery of them so found defectiue, to be cutte in two peeces, & to paye such fine or fines as shalbe offered & affered by y e saide twelue expert men by vertue of their othes, y e one moitie of which fine or fines to be to the Maior of the sayd citie for the tyme being, & to his successours, and thother moytie to the wardeynes of the sayd felowshype for the tyme beyng, and to their succcessours.
[Page] Prouided alwaies and be it further enacted by thauctoritie afore sayd, that if any wardeyne or wardeines for the time beyng of y e said myst erie or occupation of making russels sattens, sat tens reuerses, & sustian of Naples, shal at any time hereafter seale, or cause to be sealed any russels sattens, sattens reuerses, or fustians of Naples, y t shal not be wel sufficient and truely wrought, and made according to the true entent and meanyng of thys present act, shal forfeyt & loose for euery pece so sealed, being not wel sufficient and truly wrought and made, the whole value of euery such pece so sealed, thone half of whiche forfeytures to be to the kyng and Quenes maiesties, her heyres and successors, and thother moyte therof to be to such person & persons as shal sue for the same by byll, action, or information, in anye of the kynges courtes of record, in whiche byl, action, or information no essoygne protection, or wager of lawe shalbe allowed.
¶ An act to confirme the liberties of the lorde Marchers in Wales. ¶ The .xv. Chapter.
HUmbly besechen your excellēt maiesties, your true & faythful Subiectes, the lord Marchers bothe spiritual and temporal, within your highnes dominion of Wales, that wher as in y e parliament holdē at West. the .xxvii. yere of the raygne of kyng Henry theyght father vnto you our natural Soueraygne ladye, amongest other thinges one acte was made & established for lawes & iustice to be ministred in the sayd dominiō of Wales, in lyke forme as it is in this realme of England, in the whiche acte one article is, y t for that the lords Marchers before y e parliament had vsed to put their tenauntes wythin the lordships Marchers, vnder common maynpryce & suerty of apparaunce, and haue had the forfeytures thereof, which for euer from & after the feast of al sainctes then next ensuinge the sayd parliament should vtterlye sease, & be determined. It was enacted that after the said feast of al saynctes, euery lay & temporall person thē beyng alord Marcher, should haue the moyte or halfe of euery forfeiture of al and euery common mainprice, recognisance for the peace or apparance, forfeited by any of their tenantes inhabiting within any of their lordships marchers, & they to be payed the same moytie or halfe by the handes of the shyreffe of euery of the counties where such for feyture shalbe, yf the shyriff can leuie the same, and the same shyriffe to accompt to our sayd late soueraygne lord the kynge for the other half or moytie, in such excheker as thei can be accōtant. And further it was enacted by thauctoritie aforesayde, that all and euery lay, & temporal person or persons, then being lords marchers and hauing any lordships marchers, or lordshyps royal should from and after the sayd feast of al sayntes, haue al such myses and profites [Page xxxii] of their tenantes, as thei haue had or vsed to haue at the first entrye into theyr landes in tymes past. And also should haue hold & kepe, w t in the precinct of their lordshippes, courtes Baron, courtes lete, and lawdayes, and al and euery thing to the said courtes belonging, and also shuld haue within the precinct of their said lordshyps, or lawday wayf, strayf, infangthefe, outfangthefe, treasure trouie, deodandes, goodes & cattels of fellons, and of persons cōdempned or outlawed of fellony or murther, put in exigent for fellony or murther, and also wrecke de mer, wharfage, and customes o [...] straungers, as thei haue haue had in tyme past, as though such priuileges graunted vnto thē by poynt of charter, any thing in that acte to the contrary notwythstanding, as in y e sayd act of parliament more at large it may apeare.
And for asmuch as bishops, and other ecclesiastical persons beynge lordes marche [...]s, hauing y e like liberties, casualties, profyttes, & commodities, within their lordships marchers, & lordshyps royal, within the sayd dominion, or principalitie of Wales, wer not prouided for by the expresse letter of the sayde statute, in lyke sort as the laye and temporal lordes marchers were, but rather of purpose as it shoulde seme forgotten and left out of the sayde acte, agaynst all reason, and good equitie: And forasmuch also, as the heyres and successors of the lay & temporallordes marchers, then being were not prouided for, by the limitation and expresse wordes of the sayd act, aswel as theyr auncesters & predecessors were, as reason wold thei shuld haue ben.
It may please your maiesties of your most gracious fauoure and benignitie at the humble suit and supplication of your sayd faythfull subiectes the lordes marchers that now are, in the sayd dominion of Wales, both spiritual & temporal, to graunt that it maye by thassent of the lords spiritual and temporal, and the commons in this present parliament assembled, be ordeyned, established, and enacted, by thaue torytye of thys present parliamēt, that aswel your said spiritual & ecclesiastical subiectes, lordes marchers, nowe hauinge lordships marchers, or lordships royal in Wales aforesayde, & theyr successors, and the successours of euery of them, as also the heyres and successours of the lordes temporal marchers, that then were or nowe be, and the heyres or successours of euery of them being, or which hereafter shal be [...]ordes marchers within their lordships marchers, and lordshyps royal in the dominion or principalitie of Wales, shal haue and enioye to them & to their heires & successors, respectiuely and seuerally for euer the moytie & half of euery forfeyture, of al & euery cōmon mainprice recognisāce for the pea [...]e or apparance forfeyted by anye theyr tenātes inhabiting w tin any of their lordships marchers, or lordships royal. & they to be payd the same moytie or halfe by y e handes of the shyriffe of the countie, for the time beyng, after suche forme & sor [...] as the sayd lay or temporal lords marchers haue bene or ought to haue [Page] bene payed the same, by force of the sayde Sta tute.
And further, shal haue all such mises, & profites of their tenan [...]es, as the lords marchers, spiritual or temporal, respectiuely, or seuerallye had or vsed to haue at theyr fyrst entry into their lādes in tymes past before the making of the said act or statute. And also shal haue, hold, & kepe within the precinct of their said lordships, al such courtes baron courtes lete, & lawdayes, & al and euery thing and thinges, to y e same courtes belonging, & also shal haue within the precincte of theyr sayd seuerall lordships, or lawdayes, al suche waif, strayf, infang thefe, out fang thefe, treasure trouis, deodandes, goodes, & cattels offellons, & of persons condempned or outlawed of fellony or murther, put in exigent for fellony or murther, and also al such wrecke demer, wha [...]fage, and customes of straungers, as the lordes Marchers, spirituall and temporal, respectiuely, and seuerally had & vsed in tymes past, before the makyng of the sayd statute.
¶ An act for the continuaunce of certayne statutes. Cap. xvi.
WHer in the parliament begon & holden at London the .iij. daye of Nouember, in the .xxi. yeare of the raygne of oure most dread soueraigne lord of most famous memory, king Henry theyght, & from thence adiourned to Westm. and there holden & continued by diuers prorogations, vnto y e dissolution therof, one act was made and established for the restrainte of cariage, & conueynge of horses, & mares out of this realme, & also one other acte was there made for the true windinge of wolles, and one other act was there made, to restraine killyng of wailinges, bullockes, stieres, & heyfers, being vnder thage of .ii. yeres which sayde seueral actes were then made to endure & continue to y e next parliament, as by y e said seueral actes more playnly appeareth. And wher also in the sayd parliament, one other act was made & established for attaintes to be sued for the punishment of periury, vpon vntrue verdites, which actes last before reherseb, were then made & ordeyned, to cōtinue & endure to the last day of the next parliamēt as by y e same act more playnly at large is shewed & may apeare. And wher also in the parliament begon & holden at Westm. theyght day of Iune, in y e xxviii. yere of the raygne of our sayd most drad soueraigne lord king Henry the .viii. & ther continued & kepte vnto the dissolution therof [...]t was ordeyned & enacted, that al & singuler the said actes aboue remembred, & euery of them, should continue & endure in their force & strength, & also be obserued & kept vntyl the last day of the next parliament, as by the same act amonges other things therin conteyned more playnly appeareth. And where also in the parliament begon & holden at West. y e xxviii. day of Apryl in the .xxxi. yere of the raygne of our saydlate most dread soueraigne lord kyng Henry the eyght, & [Page xxxiiii] there continued vntyll the, xxviii, day of Iune then next folowing, it was ordeined and enacted by thauctoritie of the same parliamēt y • al & singuler the said seueral actes aboue remembred & euery of them & al clauses, articles, & prouisions in them, & [...]uery of them contayned, should continue & endure in their force & strength, & also be obserued & kept vntill the last day of the next parliament, as by the same act a monges other thinges therin contained, more playnelye appeareth. And where in the parliament holden at Westm. in the .xxxv. yeare of the reigne of our sayd late soueraygne lorde kynge Henry theight, one act was made for the preseruatiō of woods, to endure for. vi [...], yeares then next folowing, & from thence to thend of the next parliament, as by the same act more playnely doth & may appeare. And wher also at the parliament holden at West. in the .xxxvii. yeare of the reigne of y e sayd king Henry theight, & ther continued and kept vntil y e dissolutiō thereof it was ordeined & enacted y • al & singuler the said actes aboue mentioned, & euery of them excepte the said act made for the preseruation of wodes, as is aforesaid, shuld continue & eudure in their force & strength, & also to be obserued & kept, vntil the last day of the next parliament then folowyng, as by the same act amongs other things therin conteined more playnely appeareth. And where also at the sessiō of the parliament, ended at West. in the .xiiii. day of March, in the third yeare of the reygne of our soueraygne Lord kyng Edwarde the .vi. one acte was made for the true currying of leather, whyche act was made to endure to thend of the next parliament, as by the same acte more playnely appeareth. And where also at the sessyon of a Parlyament ended at at West. the first day of February, in the fourthe yeare of the reigne of our sayd latesoueraygne Lord king Edwarde the. vi one act was then & there made, concerning the buying of ro ther beastes. And also one other act was then & there made touchyng the buiing & sell of butter & chese, whych sayd seuerall actes, were then and there made, to endure & continue, to the ende of the next parliament as by the same seuerall actes more at large it doth and may appeare. And where also at the session of a parliament by prorogation holdē at West. the, xxiii, day of Ianuary in the .v. year of the reigne of our said souer aygne lord, one other act was then and there made, agaynst regratours and forstallers to endure to thend of the nexte parlyament, which al & singuler the sayd actes aboue mentioned together, with y e said act concerning the preseruation of wodes, at a parliament holdē at Westm. the fyrst day of March, in the .vii. yeare of the raygne of our said soueraygne Lord kyng Edwarde the .vi. & there continued and dyssolued the last day of the same moneth of March, & all clauses articles & prouysions in thē, & euery of them conteined were there reuiued & continued, to stand in their force & strength, vntil the last day of the next parliament. And where also at the session of a parliament holden by prorogatiō at West. y e .xxiiii day of October, in the .i. yeare [Page] of the raygne of our most gratious soueraygne lady y e quene, & there continued & kept vntil y e dissolution therof, one acte was ther made & established agaynst vnlawful & rebellious assēbles, to endure to thend of y e next parliamēt as by y e same act more plainli doth & may appeare. And wher also at the same session of parliamēt, last before mentiōed, al & singuler the actes aboue mentioned & before y e time continued at [...]undri parliamentes, as is aforesayd, & clauses, articles, and prouisions in them and euery of them conteyned, wer ther reuiued, & continued to stand in their force & strength, vnto the last daye of the next parliamēt Forasmuche as al and singuler the said seueral actes aboue mentioned be good & beneficial for the cōmon wealth of this realme Be it therfore enacted ordeined & established by the king & quene our soueraign lord & lady with thassent of the lordes spiritual & temporal & the commons in this present parliamente assembled & by thauctoritie of the same y • al & singuler the sayd seuerall actes and estatutes aboue mentioned & rehearsed, & euery of them and al clauses articles, & prouisions in thē & euery of them cōteined, shalbe reuiued, continued, stand & endure in theyr force & strength, to al intentes, constructions, & purposes & shal be obserued & kept in al thinges, vntil y e last day of y e next parliament.
¶ An act touchyng leases hereafter to be made by certayne spiritual persones. Cap .xvii.
WHere in the parliament begon & holden at West. the eight day of Iune, in y e .xxviii. year of the raygne of our late king of famous memory Henry theight, & there cōtinued & kept vntil y e dissolution of the same parliament, y e .xviii. dai of Iune next folowyng, one act intituled, an act for restitution of the fyrste fruites in the [...]me of vacation, to the next incūbent, was had & made, wherin are certaine clauses for leases thē made, & to be made bi spiritual & ecclesiastical persons, to endure, & be in force for terme of, vi. yeares if y e incumbentes did resigne ther sayd spiritual promotiōs or if y e same should otherwise becom void by thonli act of the same thincūbē tes, ys by y e same act more at large may appeare. To thintent the persones and vycares and others, hauing cure ofsoules, mai y e better attende, and be the more vigilaunt in their mistery and function.
Be it enacted by the king our soueraygne lord, & the quene our soueraygne lady with thassentes of y e lordes spiritual & temporal & y e commons in this present parliament assēbled & by thauctoritie of y e same y t asmuch of the same acte, as doth concerne the making good of y e said leases ne any clause, sentente, prouision, or article therein conteyned shal extend, or be construed, or adiudged to extende to anye lease, that shalbe made by any persō, vicar or any other hauing any spiritual promotion, after the feast of the purificication of our Lady next cōming.