Anno primo & secundo Philippi & Mariae.
ACTES made at a Parliament, begon and holdē at Westminster, the .xii. daye of Nouember, in the fyrste and seconde yeare of the reigne of our soueraygne Lorde, and Lady Philip and Mary, by the grace of God, kinge & Quene of England, Fraunce, Naples, Ierusalem, and Ireland, defendours of the fayth, Princes of Spayne and Cycilie, Archedukes of Austria, dukes of Myllayn, Burgondie, and Braband, counties of Haspurge, Flaū ders and Tyroll, and there continued and kept to the dissolution of the same, beynge the .xvi. day of Ianuary then next ensuynge, were enacted as foloweth.
Cum priuilegio Regiae Maiestatis.
The Table.
- AN Acte touchyng letters patentes, & other writinges to be signed by the Quenes Maiestie. Cap. i.
- An acte for y e reformation of excesse in apparayll. Cap. ii.
- An acce against seditious wordes & rumours. Cap. iii.
- An acte for the punyshment of certayne persons calling them selues Egyptians. Cap. iiii.
- An acte for to restrayne y e carrying of corne, victualles, and woode ouer the sea. Cap. v.
- An acte for the reuiuing of three Estatutes made for the punishment of heresies. Cap. vi.
- An acte that persons dwelling in the countrye, shall not sell dyuers wares in cities, and Townes corporate by retayle. Cap. vii.
- An acte repealinge all Statutes, articles, and prouisions, made agaynst the sea apostolike of Rome, synce the .xx. yeare of King Henry theight, and also for the stablyshment of all spirituall, and ecclesiastical possessions, and hereditamentes conueyed to the laytie. Cap. viii.
- An acte for the punishment of Traiterous wordes against the Quenes Maiestie. Cap. ix.
- An acte wherby certayne offences be made treasons, and also for the gouernement of the kynges and Quenes maiesties issue. Cap. x.
- An acte for the punyshment of bringinge in of counterfeyte coyne of forr eyne realmes, being curraunt within this realme. Cap. xi.
- An acte touchyng the impounding of distresses.
- An acte appoynting in ordre to iustices of peace touchyng the baylement of prisoners. Cap. xiii.
- An acte for the makyng of russels sattens, sattens reuerses, and fusti an of Naples in Norwiche. Cap. xiiii.
- An acte to confirme the liberties of the Lord-Marchers in Wales. Cap. xv.
- An acte for the continuaunce of certayne statutes. Cap. xvi.
- An acte touchyng leases hereafter to be made by certayne spirituall persons. Cap. xvii
¶ An Acte touchinge letters patentes, and other Writinges, to be signed by the Queenes maiestie.
¶ The first Chapter.
WHEREIN THE parliament begon and holden at Westminster, the seconde day of Aprill, in the first yeare of the reygne of our moost dread and gratious Soueraygne Ladye the Queenes maiestie, and there continued and kept, tyll the dissolution of the same, beyng the fyft day of May, then next folowynge, one Acte was made touchyng the articles of her highnes most noble mariage. In the which act amongest other thinges it is enacted, ordred, and establyshed by aucthoritie of the sayd parliament, that all and singuler giftes, grauntes, letters patentes, eschaunges, confymations, leases, and other writinges, which after the said marriage, and during the same, shoulde passe, and be made of any benefices, offices, landes, reuenues, and fruites, or of any of them, shoulde be intiteled and made in the names of our Soueraygne Lorde the kyng, and of her moost excellent hyghnes, whether his maiestie shoulde be present within the Realmes and dominiōs of her highnes, or within any of them, or absent. And that the same giftes, grauntes letters patentes, eschaunges, confirmations, leases, and other wrytinges, so sette forth and made, shoulde be sealed, and fyrmed with the sygne manuel of her highnes, and the same so signed and sealed with the great seale of this realme or with such seale as hath bene accustomed, shuld be by thauctoritie of the sayde parliament, deemed, adiudged, declared, and pronounced to be as good perfect, and of like force, strength, & effecte in the lawe, to all intentes, constructions, and purposes, agaynst oursayde Soueraygne Lorde and Lady, the king and the Queenes maiesties, and her highnes heyres and Successours, as yf her maiestie had bene at the tyme of the makyng thereof, sole and vnmarried, and that al gyftes. grauntes, letters patentes, esechaunges, confirmations leases, and other wrytinges, whiche after the sayde marryage, and durynge the tyme of the same, shuld passe, and be made of the sayd benefices, offices, landes, reuenues, and fruites, or of any of them, wher vnto the signe manuell, of herhighnesse, shulde not be sette, made of put, shalbe by aucthoritie of the sayde parliament, from tyme to tyme, deemed, adiudged, accepted, taken, and decreed, to be of no force, ne effect, but vtterly frustrate and voyde in the lawe, to all intentes, construccions, [Page]and purposes, the sayd marryage, or any law, vsage or custome to the contrary in any wise notwithstandynge, as by the sayde Acte more at large doth appeare.
Sythence the makyng of which Statute, and the solemnisation of y e sayde marriage, the Queenes moost excellent maiestie hath bene greatly molested, greued, & troubled, with often signing of letters patentes, gyftes, grauntes, eschaunges, leases, and other wrytynges concerninge and touchyng benefices, offices, landes, reuenues, and fruites, made and graunted by, and from our sayd soueraygne Lorde the kynge, and her hyghnesse, to sondry of theyr mooste louyng subiectes, to whome also it hath bene, and is, no smal charge to attende vntyll suche tyme as they may procure and obteyne the signe manuel of her highnes, vnto theyr sayd letters patentes, gyftes grauntes, eschaunges, confyrmations, and leases, without whiche signe, the same are vtterly voyde, by force of the said Statute, to the great daunger, losse, and vtter vndoyng of diuers persons, that haue lately bought, purchased, or opteyned of our sayd soueraygne Lorde and Lady, the kynge and Quenes maiesties, dyuers landes, tenementes, and other he reditamentes, to theyr great costes and charges.
For remedy wherof be it enacted by the aucthoritie of this present parliament, that the sayd braunche and article, touchinge, or concernyng onely the signing of letters patentes, gyftes, grauntes, eschaū ges, confirmations, leases, or of other wrytinges for any landes, benefices, offices, reuenues, fruictes, or other hereditamentes, shalbe from henceforth clerely repelled, and made frustrate, and voyde, to al intentes, and purposes.
And be it further enacted by auctoritie of this present parliament, that all and synguler letters patentes, touchinge, or concernyng any gyfte graunte, eschaunge, confirmation, lease, or other wrytynge, the whiche sythence the sayde marriage, hath passed, and be made of any benefices, offices, manours, landes, tenementes, reuenues, fruytes, liberties, or other hereditamentes, or of any of them, in the names of our moost dread Soueraygne Lorde and Ladye, the kynge and the Quenes maiesties (the warraunt or wryting, or warrauntes or writinges wherof beyng signed with her highnes signe manuell, in such fourme, ordre, and degree, as the same heretofore haue bene accustomed to be signed, when her highnes was sole, and vnmarried) shalbe by aucthoritie of this present parliament, of the same lyke force, strengthe, and effecte in the law, to all intentes, constructions, and purposes, as yf the same were, or had bene signed by her highnes signe manuell, and as yf her maiestie had ben at the tyme of the makyng therof sole and vnmarryed, and as they were before the makynge of the sayde acte. The sayde estatute, or any braunche, or article therin conteyned to the contrary in any wyse, notwithstandyng.
An Acte for the reformation of excesse in apparell,
¶ The .ii. Chapter.
BE IT enacted by thauctoritie of this presente Parliamēt, that no person borne within this realme, or y e dominions of the same, other then the sonne & heyre apparaunt of a knyght, or other then suche, as maye dispende .xx. li. by the yeare in landes, offices fees, or other yearely reuenues for terme of lyfe, or be worthe in goodes. ii. C. li shall after the fyrste daye of Apryll next comming weare any maner of sylke, in or vpon, his hatte, bonet night cappe, girdle, skaberd, hoose, shoes, or spurre lethers, vpon pain of three moneths imprismōent, & forfeytures of .x. li foreuery dayes wearing contrary to the tenour of this acte.
AND be it further enacted by thaucthoritie aforesayd, that Iustices of Assises in theyr circuities, Iustices of peace in their sessions, Sheriffes in theyr turnes, Stewardes in letes and lawe daies, Maiors, Sheriffes, and Baylyffes of cities Boroughes, & townes corporate in their courtes, shall, and may enquire, heare and determine from time to tyme, al and euery the saydoffences, committed, or done wythin the lymites of theyr seuerall iurisdictions, and auethorities, and where any such forfeytures shall happen to be founde within the precince of any citie, bourough, towne corporate, lete or lawe daye, then the Maior, Sherife, & Baylyffes of the sayd cities, boroughes, and townes, and owner of the sayde lete or lawe dayes, to haue the one moytie of the sayd forfeytures, and thother moytye to be to any subiecte of this realme, that wil sue for y e same in any couct of record by action information, byll, or otherwise, in which no wager of lawe protection, or assoigne shalbe allowed. And where suche forfeyture shalbe founde oute of any citie, boroughe, towne, lete, or lawe daye that the moytie of all such forfeytures, shalbe to the kyng & Queenes maiestses, and the heyres to the Quene, and thother moytie thereof to any of theyr subiectes, that wyll sue, for the same by byll playnt, action, information, or otherwise in any court of record, as is aforesaid, in the which no wager of lawe, or protectiō, essoigne shalbe admitted or allowed. And that all and euery such person & persōes, as haue aucthoritie by vertue of this Acte, to heare and determine the premisses may vpon the conuiction of euery such offender, awarde processe vnto the Shiriffe of any shire within this realme, for the apprehension of the sayd offendour, which beyng apprehended, shalbe committed by the sheriffe vnto the goale of the sayd shire, there to remayne without bayle or maynpryse vntyll the saide offendoure hath payde the sayd for feyture, wherin he is so conuicted.
And be it further enacted by the aucthoritie aforesayde, that yf any person or persons, of what estate, condition, or degre soeuer he or they be after y e sayd fyrst day of Apryl next commyng, knowyng and seruaunte or seruauntes of hys or theyrs to offende contrarieto this acte, do not putte the same out of his or their seruice but shall kepe in hys or their setuice, the same offendoure or offendours by the space of xiiii. dayes, next after suche knowledge had, or elles being so put out of his or their seruice, shal retayne the same offendour or offendours to his or theyrseruice agayne within one yeare nextensuing the time of committing of any such offence, the same person or persons, so kepyng or reteyning agayne, in, or to his or their seruice any suche seruaunt or seruauntes, offendyng contrary to the tenoure of this acte as is aforesayd, shall for euery his or theyr offence forsayt C.li. of law full monye of Englande, the moytie whereof to be to the kynge and Queenes maiesties vse and the heyres & successours of the Queene, and the other moytie to hym, that wyll sue for the same in any courte of recorde, by action, byll, playnt, information, or otherwise wherin no wager of lawe, essoygne, or protection shalbe admitted or allowed.
Prouyded alwaye, and be it enacted that thys acte, or any thyng therein contayned, shall not extend to any person beynge of or aboue the degre of a knyghts sonne, or doughter, or beinge wyfe to any of them, nor to suche as haue bene, be, or shalbe Maior, Bayliffe Aldermā, or head officer in anye citie borough, or towne corporateor to the wyfe of any of them, nor to anye of the kinges, or Queenes seruauntes in ordinarie wages attendaūt, and wearynge the kinges or Quenes ordinarie liueries, but that they, and euery of thē, may vse and we are as they, or any of them might lawfully vse and weare, before the makyng of this acte.
Prouided also that no person shalbe compelled by this acte, to put awaye his prentise or hyred seruaunt before thende of the terme before agreed betwene thē, nor that any master shal forfeyte or loose any payne or forfayture for the keping of his prētise or hired seruaūt after his offence contrary to this acte, vnto thende of the terme before agreed betwene them Anye thyng aboue sayd to the contrarye, notwithstanding.
Prouided also, that women may weare in theyr cappes, hattes, gyrdles, and hoodes, as they or anye of them mighte vse and wear lawfully before the makyng of thys acte.
¶ An Acte agaynst sedicious wordes and rumors.
¶ The .iii. Chapiter.
WHere it is conteined as wel in the Statute of Westm. the fyrst, as in the Statute made at Glocestre the seconde yeare of the raygne of Kynge Rychard the seconde, y t no man shuld be so hardy to contriue, speake, or tell any false newes, lyes, or other suche lyke false thinges of Prelates Dukes, Earles, Barons, and othere nobles & Peares of the realme, or of the Chauncellour, Tresuter, Clearke of the priuie seale, Steward of the kynge houshold, Iustices of the one bancke or of thother or of any other great officers of this realme. And that euery such offendour shoulde be takē, and imprisoned, vntil such time, as he had brought him or them forth which did speake the same. And wher also at a Parliament holden at Cambridge, in the .xxii. yeare of the raygne of the sayde kynge Richard, it was also enacted, that where anye suche offendour as is aforesayde shulde be taken and imprisoned, and coulde not fynde hym of whome he hearde those newes, which he spake, as is aforesayd, that then the same speker shoulde be punished by thaduice of the counsell, as by the same Actes amongest other more playnly doe and may appeare.
Be it enacted by thauctoritie of this presente Parliament, that all and euery the sayde former Actes and Statutes shall be, and remayne in theyr full force strength and effecte, to all intentes, constructions, and purposes. And further, that Iustices of the peace in euery Shire, citie, and towne corporate, within y e limittes of their seueral commissions, shall by aucthoritie of this present Acte, haue ful power to examine, heare, and determine the causes abouesayd, in the sayde two fyrst Actes specified, and to put the sayd two fyrst statutes, and euery braunch in them conteyned in due execution that from hen [...]eforth condigne punishment be not defarred from such offendour [...]
And forasmuch as dyuerse and sondrye malicious and euill disposed persons maliciously, sediciousiye, rebelliouslye, and vnnaturally, contrary to the duitie of their fidilities and allegiaunces haue nowe of late not onely ymagined, inuented, pratized, spoken, and spredde abroad diuerse and sondry false, seditions, and slaunderous newes rumors, sayinges, and tales, agaynste our mooste dreade Soueraygne Lord and Kyng, and agaynst our most naturall Soueraygne Ladye and Queene, and agaynst eyther of them, of whom we are forbidden to thinke euyll, and much more to speake euyll, which offience soundeth, and is as well to the great dishonour, reproche and sclaunder of their moste exellent maiesties, as also to the great sclaunder of this their realme, and other their dominions, but also haue deuised, made, writen, prynted, published, and set forth diuerie haynous, sedicious, and slaunderous writinges, rymes, ballades, letters, papers, and bookes, intending and practising therby to moue and stirre sedicions, discord discention, & rebellion within this realme, to the great [Page]peryll and daunger of the same.
For auoydynge wherof, be it enacted by thaucthoritie of this present Parliament that yf any person or persons, after the .xx. daye of February next ensuyng, and after open Proclamacion made of this Acte, shall maliciously, of his or theyr ymagination, speake anye false sedicious, & slaūderous newes, rumors, sayinges, or tales of our sayd Soueraigne Lord & King, or of our sayd most natural Soueraigne Lady & Quene, that thē al & euery such person and persones so offendyng, beyng therof conuicted or attaynted, in forme hereafter, in this Acte exprssed, shall for euerye fyrste offence, in some markette place, within the shyre, Citie or Borough, where, or neare vnto the place where the sayde wordes were, or shalbe so spoken be set openly vpon the pylory, 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 within suche citie or towne corporate, thē by the principal officer or officers of such citie or towne corporate or his or theyre ministers, and there to haue bothe his eares cutte of, onlesse he paye one hundreth poundes to the King and Quenes highnes vse within one moneth next after iudgement geuen of his sayde offence, and also shall suffer imprisōment by the space, of three monethes, after suche his or theyr execution.
And it is like wise enacted by thaucthoritie aforesayde, that al, and euery person & persones which after the sayd daye, and after Proclamacion made of this Acte, shall maliciously speake any false, sedicious, and slaunderous newes, rumers, or tales, to the sclaunder and reproche of our sayd Soueraygne Lorde the Kynge, or of our sayde mooste naturall Soueraygne Lady the Queene, of the speakynge or reportyng of any other, that then all, and euery suche person or persons so speakyng and reportyng, being therof conuicte or atteynted, in forme hereafter, in this acte expressed, shall for euery suche offence in some market place within the shire, citie, borough, or towne, where or neare vnto the place, where the sayd wordes were or shalbe so spoken & reported, be set openly vpon y e pillory by the shiriffe or his ministers, yf it shalfortune to be with out any citie or towne corporat. And yf it shall happē to be within suche citie or towne corporate, then by y e principall officer or officers of such citie or towne corporate, or his, or their ministers, and ther to haue one of his eares cut of onlesse he pay one hundred markes to the kinges & Queenes highnes vse, within one moneth next after iudgement geuen of his sayde offence, and also shall suffer imprisōment by the space of one moneth after his or their executyon.
And be it further enacted by thauthritie aforesayde, that yf anye person or persones shall after the sayde day and after Proclamation made as is aforesayde, maliciously deuise, wryt, print, or set forth any maner of booke, ryme, ballade, lettre, or wrytyug, conteynynge anye [Page v]false matter, clause, or sentence of sclaunder, reproche, and dishonoure of the king & Quenes maiesties, or of eyther of them, or to the encouragyng, sturryng or mouyng of anye insurrection or rebellion within this realme, or any the dominions belonging to the same. Or whosoeuer shall maliciouslye procure anye suche booke, ryme ballade, letter, or writing, to be writen, prynted, or set forth (and the sayd offence not being punishable by the Statute, made in the .xxv. year of the raygne of king Edward the third, concerning treasons, or declaration of treason) that then, and in euerye such case, the offender and offenders ther in after hys or their conuiction or attaynder, shall for his or theyr first offence, in some market place, within the shire, citie, or borough, where the sayd offence, is, or shalbe committed or done, by the sheriffe, or hys ministers, yf it shall fortune to be wythoute anye citie, or towne corporate, and yf within suche citie or towne corporate, then by the principal officer, or officers of such citie or town corporate, or by his or their ministers, haue his and their right hande stryken of.
And be it further enacted by thaucthoritie aforesayde, that yf anye person or persons, being once lawfullye conuicted of any of thoffences aforesayde, nowe prouided to be punished by the execution of losses of eare, eares, or hande, as is aforesayd, do afterwardes, eftsones offend in anye of thoffences aforesayde, that then he or they so offendynge, shall suffer imprisonment, durynge hys or theyr lyues, without bayle or maynprise, and forfeyte & loose to the king and Queenes maiesties al his and their goodes and cattelles.
And it is also enacted by thaucthoritie aforesayde, that Iustices of oyer & determiner, within the limittes of their commission, Iustices of assise in their seuerall circuites, Iustices of gaole deliuery, and Iustices of peace, as well within the liberties as without, within the limittes of their seuerall commissions, in their general sessions, or other sessions, which they or two of them whereof one of them to be of the Quorum maye, and shall appoynte at their pleasure, where, and when nede shal require, & shal by vertue hereof haue full power and aucthoritie to enquire, heare, and determine, all and euery thoffences aforesayd, as in cases and triall of felonye. And that the partie indicted and arrayned, shal haue aduauntage of all maner of chalenges to the Iurye (peremptorye chalenge only excepte) as in triall of felonye.
And also that euerye Iustice of peace within the limittes of his commission shal haue ful power and aucthoritie to committe anye person, being vehementlye suspected of any of the sayd offences, toward, there co remayne without bayle or maynprise, vntyl he shalbe delyuered, accordyng to thys Acte.
Prouided alwayes, and be it enacted by thaucthoritie aforesayde, that no maner of person or persons shalbe molested, or impeched for anye of thoffences, concernyng speaking, or reportyng, as is aforesaid, [Page]onlesse he or they be thereof accused and conuicted within three monethes, nexte after his or their sayde offence so committed or done. And in case any person shalbe imprisoned for anye of the sayde offences, concernyng speakynge or reportinge, and not thereof conuicted, within three monethes, next after his offence supposed to be by hym done and committed, that then the person so imprisoned shalbe set at libertie, and no lenger deteyned in prison.
Prouided also, and be it enacted by aucthoritie aforesayd, that euerye suche Maiour, Maiours, Bayliffes, and other heade officer and officers of cities, boroughes, and townes corporate whiche haue, or hereafter shall haue iurisditcion and aucthoritie, within the seuerall limittes of their office or offices, to hold and kepe sessions, as Iustice or Iustices of the peace shal, and may by aucthoritie hereof, as wel arrest and committe to warde, al, & euerye person and persons, being vehemently suspected of any of thoffences aforesayde, as also to procede to thexecution, hearing, and determining of euery the said offences, and to see, and make due execution thereof, according to the purporte, meanyng and effecte of this present Acte. Anye thynge in the same acte heretofore made to the contrarye notwythstandyng.
Prouided alwayes, that the sayde Iustice of peace, as well within liberties as without, the which shall for anye the offences aforesayd, committe anye person or persons to warde, as is aforesayd, shal within tenne dayes, next after suche committing, with one other Iustice, whereof one of them to be of the Quorum directe their precepte to the Shiriffe or Shiriffes of the countie, where thoffence shalbe committed, or to other ordinary officer, yf it be within any citie, or towne corporate, where the Sheriffe can not intromytte, commaunding him or them by the same impanell and returne, as they shall assigne .xxiiij. good and lawful men of his or their baylywyke or baylywykes, to enquire of the sayde offence or offences the which anye suche person or persons shalbe so imprisoned for. And therevpon within one moneth after the date of the sayd precept, to procede and determine, as aboue is expressed. Euerye one of the same Iustices, vpon the payne of .x.li. to be payed to the king & Queenes highnesses, as often as they shalbe founden in defaulte of anye the same.
Prouided also and be it enacted, that this Acte shalbe proclaymed in all the shyres within this realme, before the .xii. daye of Februarye next comming, to thintente that al persons may haue notice thereof and auoyde the peryll and daunger that might ensue by offendynge agaynst the same. And this Acte to be onlye in force, vntyl the ende of the next Parliament, and no longer.
Prouided alwayes, and be it enacted by thauctoritie aforesayde, that none of the peares of this realme shalbe arested or imprisoned for anye of the sayde offences, but onely by order or commaundemente, [Page vi]gyuen from the Kyngs and Quenes priuie counsayle, or of the heires of the Queene, and that the sayde peares, and euery of them, that shal hereafter fortune to be indicted of any the offēces aforesaid, shalbe tried by their peares, as before hath ben accustomed in caces of tresō or fellonie.
¶ An Acte for the punyshment of certayne persons callyng them selues Egyptians.
¶ Te .iii. Chapter
WHere in a parliamente holden at Westminster in the .xxii. yeare of the reigne of our late Soueraigne Lorde Kynge Henry theyght (for the auoyding and bauyshinge oute of this realme of certayne outlandishe people, callinge them selues Egiptians, vsinge no crafte nor feare of marchaundyses for to lyue by, but going frō place to place, in great companies, vsing great, suttel, and craftye meanes, to disceaue the kinges Subiectes, bearing them in hand, that they by palmistry coulde tell mens and womans fortune, and so many tymes by crafte and subtiltie, disceaue the people of thyre money, and committed diuers greate and heynous fellonies, and robberies, to the great hurt and disceyt of the people). It was amongest other thinges then enacted that from the tyme of the makyng of the sayd Acte, on suche personnes shoulde be suffered to come within this the kinges realme vpon payne of forfay ture to the kyng, all theyr goodes and catteles, and then to be commaunded to auoyde the realme within .xv dayes next after the commaundement, vpon payne of imprisōment, and suche persons calling them selues Egiptians, as then were within this realme, shoulde departe within .xvi. dayes next after proclamation of the sayde Acte vpon payne of imprisoment and forfeyture of all theyr goodes and cattels with diuers other clauses & articles conteyned in y e sayd acte, as by the sayd Act more at large it appeareth. Forasmuche as diuers of the sayde company, and suche otherlike persones, not fearing the penaltie of the sayd Statute, haue enterprised to come ouer agayne into this realme, vsyng theyr olde accustomed deuelish, and noughty practises and deuises, with suche abhommable liuinge, as is not in any Christian realme to be permitted, named, or knowen, and be not duely punyshed for the same, to the perellous and euyl example of our soueraygne Lorde and Lady, the kynge and Queenes maiesties moost louinge subiectes, and 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 kynge and Quene our soueraygne Lorde and Lady the Lordes spirituall and temporall, and commons in this present parliamente assembled and by thauctoritie of the same, that yf any person or persons, after y e [Page]last daye of Ianuary next comming, do willingly transport, brynge, and conuey into this realme of England, or Wales, any such persons callyng them selues, or commonly called Egyptians, that then he or they, so transporting, bringinge, or conueying in, any suche persons, contrary to the true meaning of this Acte, shall forfeyt and lose for euery tyme so offendyng, forty poundes of lawfull money of Englād.
And be it further enacted by the aucthoritie, aforesayd that yf any of the sayd persons called Egyptians, whiche shalbe transported and conueyed into this realme of England or Wales, as is aforesayd, do continue, and remayne within the same, by the space of one moneth, that then he or they so offendyng, shall by vertue of this acte, be deemed and adiudged a fellon, and fellons, and shall therefore suffer paynes of death, losse of landes and goodes, as in cases of fellony, by thor dre 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 apprehended or taken, and not Per medietanem linguae, and shal lose the benefite and priuilege of sanctuary and clergye.
And be it further enacted by thauctoritie aforsayd, that yf the Egyptians, and other persons, commonly calling them selues Eyptians, and euery of them, now beyng within this realme of Eugland, or Wales, do not departe out of the same within .xx. dayes next after proclamation of this presente acte shalbe made, that then he or they which shall not departe within the sayd tyme accordyng to the true meanyng of this Acte, shal forfeyt and lose all his and theyr goodes and cattels, and that then it shalbe lawfull to all and euery the kynge and the Quenes subiectes, to sease the same, thone moytie thereof to be to the vse of our soueraygne Lord & Lady the kyng & the Quene, and thother moytie therof to be the vse of hym or them that shal, so sease the same.
And be it also enacted by thauctoritie aforesayd, that yf the Egyptians, and other persons commonly called Egyptians, and euerye of them, now beyng within this realme of Englande or Wales, do not departe out, and from the same within .xl. dayes next after proclamation shalbe made of this acte that then he or they, which shall not depart, and auoyde within the sayd time of .xl. dayes, accordyng to the true meaning of this acte, shalbe adiudged and deemed according to the lawes of this realme of England afellon, and fellons, and shall suffer therfore paynes of death. losse of landes and goodes, as in other cases of felony, and shalbe tryed as is before said, and without hauing any benefite or priuelege of Saynttuary or clergye.
And be it further enacted by thauctoritie aforesayd, that yf anye person after the fyrst day of Ianuarye next comming, shall sue for the obteyninge of any lecence, lettre, or pasport, for anye of the sayde persons [Page vii]called Egyptians, to abide or continue within this reamle of Englande or Wales, contrary to the tenour of this acte, that then euery suche persone so suing, shall forfeyt and loose for the same fortie poundes of lawefull money of England, and that euery suche license, lettre & pasport, shalbe by vertue of this acte voyde, to all intentes and purposes, thone moytie of all which summes of money to be forfayted, as is before sayde, shalbe to y e Kyng and Queene our soueraygne Lord and Lady, and thother moytie thereof to be hym or them, that will sue for the same, in any courte of recorde, by accion of decte b [...] plaint, or information, wherein any essoygne, wager of lawe, nor protection, shalbe admitted and allowed.
Prouided alwayes and be it enacted by thauctoritie aforesayde, that this present acte, nor any thinge therein conteyned, shall not extende, nor be hurtfull to any of the sayde persones, commonly called Egyptians whiche within the sayde tyme of twenty dayes nexte after the sayde proclamation to be made, as in before sayde, shall leaue that noughty ydle, and vngodly lyfe, and companie, and be placed in the seruice of some honeste and able inhabitaunte or inhabitauntes, within this realme, or that shal honestly exercise him selfe in some law full worde or occupation, but that he or they so cōtinuing in seruice or other lawful worke or occupatiō, shal duryng such tyme 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 aforsayde, that this acte shall not in any wise extende to any chylde or chyldren, beyng not aboue the age of .xiii. yeares, nor to any of the laid persones, beyng nowe in prison so that he or they so being in prysone, do depart out of thys realme, within .xiiii. daies next after his or their diliuerie out of pryson, nor shall extende to charge anyemaner of person or persons, as accessary to any offence or offences, conteined or specified in this estatute.
¶ An acte to restrayne carriing of corne, victuals, and woodde ouer the sea.
¶ The .v. Chapter.
WHere as sundry goode estatutes and lawes hath bene made within this realme in the tyme of the Queenes highnes most noble progenitors, that none shuld trāsporte, carye or conueye out of this realme into anye place in the parties beyond the seas any corne, butter, cheese, or other victuall (except only for the vitailyng of the towne of Caleys, Hames, & Guysnes, and the marches of the [Page]same, vpon dyuerse great paynes and forfeytures in the same conteined, that notwithstanding, many and sondry couetous and vnsaciable persons, sekyng their onely lucres and gaines, hath, and dayely doeth cary and conueigh innumerable quantitie, aswel of corne, chese butter, and other victual, as of wood out of this realme, into the parties beyond the seas. By reason whereof the sayd corne, victual, & wood, are growen vnto a wonderful dearth, and extreame prices, to the great detriment of the Common wealth of thys youre hyghnes realme, and your faythfull subiectes of the same.
For remedie wherof, it may please your highnes that it maye bee enacted, and be it enacted by your highnesse, by thassent of the lordes spiritual and temporall, and the commons in this present parliamēt assembled, and by thauctoritie of the same, that no maner of person or persones, after the .xx. day of Ianuary next comming shall cary and transport out of this realme by any Shippe, Craier, or other vessel, whatsoeuer, into any place in the parties beyond the seas, or into the realme of Scotlande, any wheat, rie, barley, or other corne or graingrowing within this realme, or any malte made wythin the same or any bere, butter, chese, herring or wood, except onely to and for the victualing and furniture of the townes of Calice, Hames, and Guisnes, and to the towne of Berwike and the marches of the same, with out sufficient and lawfull aucthoritie so to do, vpon the paines & penalties hereafter ensuing, that is to saye, thowner and owners of the sayd shyppes and other vessels, to forfeyte the said shyppes, crayers, and other vessels, with al their apparels, to them and euery of them belonging, wherein the sayd corne, butter, chese, herring, byctuall, or wood, shalbe so transported and caried and the owners and owner of the sayd corne, butter, chese, hearynge, and woode, to forfeyte the double value of the same, so caried and conueyed, and the mayster & mareners of euery of the sayd shippes craiers, and vessels, for euery such offence, to forfeyte all theyr goodes, and to be imprisoned, by the space of one whole yeare wythout bayle or maynpryse.
And be it further enacted by thauctoritie aforesayde, that yf any person or persons, after the sayd twenty day of Ianuary, do cary and conueye awaye by Bote, Crayer, or other vessell, or otherwise anye wheat rye, barley, malte, or other corne or graine, or any beare, butter chese, herring or wood to anye Shippe or Vessell, beyng on the Seas, or within any Hauen, creke, or other place of the border of this Realme to be transported, caried, and conueyed into any place in the parties beyond the Seas, or into the realme of Scotland, wythout sufficient aucthoritie so to dooe, that then euery owner of the said victualles corne, and other thynges abouesayde so transported or caried and the owner and owners of euery such bote or vessell, and the botemen and mareners of the same shall loose, forfeyte, and suffer all [Page vii]such forfeytures, paynes, and penalties, as is aboue rehersed, thone moytie of all and euery which forfeyture or forfaytures, to be to the Kyng and Queenes hyghnes, theyr heyres and successours, and thother moytie to hym or them, that will sue for the same by byl, information, action of debte, or otherwise in any of the Kynge and Queenes hyghnes courtes of recorde, in whiche action, byl, or suit, the defendaunt shal not wage his lawe, nor haue any essoygne or protection to hym alowed.
And be it enacted by thauctoritie aforesayd, that yf any person or persones shall optayne of the Kyng and Quenes maiesties, theyr heires or successours, or of any of them, any licence to cary and transport any corne, victuall, or woode, into any partes beyond the seas, that if he or they, to whom any suche licence shalbe graūted, or any other, to whome such person or persons, hauing such licence shall geue, graunt or fell his or theyr sayd licence vnto, shall cary, and conuey, or cause to be carried and conueyed any more corne, victual or wood, then shalbe conteyned in his or their sayd licence shal forfayt the triple value of the sayd corne, victuall, or wood, so carried and transported, without sufficient aucthoritie, and shal suffer imprisonment for one whole year in the common goale, where he shalbe apprehended, there to remaine without bayle or maynpryse.
And be it further enacted by thauethoritie aforesayd, that no maner of person or persones, after the sayd .xx. day of Ianuary, that shal obteyne, or haue any such licence for transporting and carying anye corne, victuall, or wood, into any parties beyond the seas, shall shippe, lade, and fraughte the same, or anye parte therof, at sondrye places within this realme, but at one place certaine, vpon paine of forfeiture of the sayd corne, victuall, & wood, and al his goodes & cattels, thone moytie thereof to the Kyng and Quenes maieslies, theyr heyres & successours, and thother moytie to hym or them that wyll sue for the same by action of debte, byll, playnt, information, or otherwyse, wher in no wager of lawe, essoygne or protection shall be to hym or them allowed,
And for the better execuciō of this acte, be it further enacted by y e aucthoritie aforesayd, that all and singuler Iustices of peace as well within the liberties as without, within theyr seuerall aucthorities & commissions at any tyme, within thre yeares next after suche offences committed, shal haue ful power and aucthoritie to enquire aswel by the othes of twelue lawfull men, as also to heare and examine the mayster, maysters, and mareners of the said shippes, craiers, & other vessels, and all, and euery other person and persones, of all, and synguler thoffenders against this present Acte, and to heare and determyne the same offences, as they maye, and ought to heare and deter mine any other tresspasses, or offences.
Prouided alwayes, and be it enacted by thauchoritie aforesayde, that at all time and tymes hereafter, when the common price of corne within this realme is, that wheat shall not excede the price of .vi.s. viii.d. the quarter, & tys. iiii.s. the quarter, & barley .iii. shyllinges the quarter, it shalbe lawfull to euery person and persones to cary & transporte ouer the sea to any place beyond the seas at their pleasure of the sayde kyndes of corne, so that it be not to the kyng and quenes enemies.
Prouided alwayes, and be it enacted by thaucthoritie aforesayd, that this Acte, ne any thing therin ronteyned, shall extende to anye person or persons for the necessary victeling of any shippe, shippes, or other vessels, but that they, and euery of them, may victayle the sayd shyppes and vessels, as they might haue done before the makyng of this present acte. This acte or any thing therein contayned to the cō trary notwithstanding.
Prouided alwayes, and be it enacted by thaucthoritie aforesayde, that this acte, or any thing therin conteyned, shal not be preiudiciall or hurtefull vnto the Lorde great Admirall of England, for the time beyng, or to the Kyng and Quenes maiesties iurisdiction of the Admiraltie, but that the sayd Lord Admiral, or his deputie, or deputies maye and shall exercise, vse, and execute al kynde of iurisdiction, be longing to the sea, according to his or their cōmissions, as they might lawfully haue done heretofore. This acte or any thing therein conteyned to the contrary notwithstanding.
¶ An Acte for the reuiuyng of three Estatutes made for the punyshment of heresies.
¶ The .vi. Chapter
FOr the escheuing and auoyding of errours & herisies which of late haue rysen, growen, and muche encreased within this realme, for that the Ordinaryes haue wanted auctoritie to procede agaynst those, that were infected therewith. Be it therefore ordeyned and enacted by the aucthoritie of this presente parliamente, that the Statute made in the fift yere of the raigne of king Rychard the second, concerning the arresting and apprehension of erronious and hereticall preachers, and one other Statute, made in the second yeare of the reygne of kyng Henry the fourth, concerning repressing of heresies, and punishment of heretikes, and also one other Estatute made in the seconde yeare of the raygne of kynge Henrye the fyfte concernyng the supression of heresies and lollardrye, and euerye Article, Braunche, and sentence conteygned in the same three seuerall [Page ix]Actes, and euery of them, shall frō the twenty day of Ianuary nexte commyng, be reuiued, and be in full force, strength, and effecte, to all intentes, constructions and purposes for euer.
¶ The tenor of the fyrste acte, made in the fyfth yeare of kynge Rycharde, is as foloweth. Chap. v.
ITem, forasmuche as it is openly knowen, that there be diueres euil persones within y e realme, going from countie to countie, and frō toune to toune, in certain habites, vnderdissimulacion of greate holines, & with out the licence of the Ordinaries of the places, or other sufficient aucthoritye, preachynge dayly, not onlye in Churches & Churcheyardes, but also in markettes, Fayres, & other opē places, where a greate cōgregatiō of people is, dyuers Sermōs cōteyninge heresies, & not or yous errours, to the greate embleamishyng of the christen fayth, and destruction of the Lawes, and of the estate of holy Churche, to the greate pericle of the soules of the people, and of all the realme of England, as more playnly is found, and sufficiently proued, before the reuerend father in God the Archebyshop of Canterbury, and the Byshopes, andother prelates, masters of diuinitie, and doctours of Canon and of Cyuil, and a great parte of the clergye of the sayd realme: especially assembled for this cause: which persones do also preach dyuers, matters of siaunder, to engender discorde and discention betwixt diuers estates of y e sayd realme: aswell spirituall, as temporal, in exciting of the people, to the great peryll of all the Realme, which preachers cited or summoned before the Ordinaries of the places, there to aunswer of that wherof they be impeched, wyll not obey to theyr summons and commaundementes, nor care not for theyr monicions nor sensures of the hole churche, but expressely despice them: And more ouer, by their subtyl and ingeneous wordes, do drawe the people to here their Sermones, and do maintayn them in their errours by stronge, hand by greate coutes: It is ordeined and assented in this presēt Parliament that the kinges commissions be made and directed to the Sheriffes and other ministers of our soueraygne Lorde the kyng, or other sufficient persones learned, and accordyng to the certificatiōs of the prelates therof to be made in the Chauncerie, from tyme to tyme, to arrest al such preachers, and also theyr fautours, mainteiners, and abbettours, and to holde them in arrest and strong pryson, tyll they wiliustifie them according to the lawe and reason of holy Churche. And the kyng wyll and commaundeth, that the Chauncelloure make such comissions at all tymes, that he by the prelates, or any of them shalbe certefied, and therof requyred, as is aforesayde.
¶ The tenor of the seconde acte, made in the seconde yeare of kynge Henry the .iiii. is as foloweth. Cap. xv.
ITem wher as it is shewed to our soueraigne Lord the Kynge, on the behalfe of the prelates and Cleargye of his realme of Englande in this present Parliamente, that although the catholike faith builded vpon Christ and by his Apostles, and the holy churche sufficientlye determined, declared and approued, hath bene hether to by good and holy, and most noble progenitours of our soueraigne Lorde the kyng in the sayd Realme, emongest all the realmes of the worlde, moste deuoutly obserued, and the Churche of Englande, by his sayd most noble progenitours and auncestours, to the honour of God, and the whole realme aforesayde, laudably endowed, and in her rightes and liberties susteined, without that that the same faith, or y e sayd Churche was hrute or greuously oppressed, or els perturbed by any peruers doctrine, or wicked heretical or erronious opinions: yet neuerthelesse, diuers false and peruerse people, of a certayne new sect of the faithe of the Sacramentes of the Churche, and the aucthoritie of the same, damnably thinkyng, and agaynst the lawe of God and of the church, vsurpyng the office of preaching, do peruersly and maliciously, in diuers places within the sayd realme, vnder the coloure of dissimuled holinesse, preache and teache these daies opēly and preuely diuers new doctrines, and wicked hereticall and erronious opimōs contrary to the same fayth, and blessed determinations of the holye Churche. And of such secte and wicked doctryne and opinions they make vnlawfull conuenticles, and confederaties, they hold and exercise scholes, they make and wryte bokes, thei do wickedly instructe & infourme people, and asmuche as they maye, excite and stirre them to sedition and insurrection, and maketh great strife and diuision emōge the people, and other enormities horrible to be harde dayly doo perpetrate and commit, in subuercion of the sayd catholike faith, and do etryne of the holy churche, in diminution of Gods honour and also in destruction of the estate, rightes, and liberties of the sayd churche of Englande, by whiche secte and wicked and false preachynges, doctrines, and opinions of the sayd false and peruerse people, not only most greatest peryll of the soules, but also many more other hurtes slaunders, and perilles (which God prohibite) might come to this realme onlesse it be the more plētifully and spedely holden by the kynges maiestie in this behalf, namely where as the diocesans of the said realme cannot by their iurisdiction spiritual, without aide of the sayde royall Maiestie, sufficiently correct the sayde false and peruerse people, nor refrayn theyr malice, because the sayd false and peruerse people do go from Dioces to Dioces, and wyl not appeare before the sayd Diocesans, but the same Diocesans, and their iurisdiction spiritual, and the [Page vii]kayes of the churche, with the censures of the same, doo vtterly contempne and despise, and so theyr wicked preachinges and doctrines, dooeth from day to day continue and execise, to the hatred of right and reason, and vtter destruction ordre and good rule. Vpon which nowelties and excesses aboue rehersed. The Prelates and clergie aforsayde, and also the commons of thesayde realme, beyng in the same parliament, praing our soueraine Lorde the king, y e his roial highnes woulde vouchsafe in the sayde parliamente, to prouide a conneunient remedie, the same our soueraigne Lordethe kyng, gratiously conside ryng the premisses, and also the laudable steppes of his sayd moste noble progenitours and auncesters, for the conseruation of the sayd catholyke fayth, and sustentation of Goddes honour, and also the safegarde of the estate, rightes, and liberties of the sayd Churche of Englande, to the laude of God, and merite of our sayd soueraygne lorde the kynge, and prosperitie & honour of all his sayd realme, and for the eschewing of suche dissentions, diuisions, hurtes, slaunders, and periles, in tyme to come, and that this wicked secte, preachinges, doctrines and opinions, should from henceforth cease, and be vtterlye destroied, by thassent of the states, & other discrete men of the realme beyng in the sayd parliament, hath graunted, stablished, and ordeined frō hence forth, fermly to be obserued, that none within y e sayde realme or any other dominiōs, subiectes to his roial maiestie, presūe to preache openly or priuely, without the licence of the Diocesan of the same place, fyrst required and obteined, curates in their owne churches, & persones he therto priuileged, and other of the canon lawe graunted, onely excepte. Nor that none from henceforth anye thynge preache, hold teache, or instruct, openly or priuely, or make or write any boke, contrary to the catholyke fayth or determination of the holy church nor of suche sect and wicked doctrines and opinions, shal make anye conuenticles, or in any wyse hold or exercise Scholes. And also that none from henceforth in anye wise fauoure suche preacher, or maker of anye suche, & lyke conuenticles, or holdyng or exercsynge scholes, or makyng, or writing such bookes, or so teachynge, infourminge, or exciting the people nor any of the in maintain, or in any wise susteine. And that all, and singuler hauyng suche bookes or any wrytinges of such wicked doctrine and opinions, shall really with effect deliuer, or cause to be deliuered all such bokes & writinges to the Diocesan of the same place, within .xl. dayes from the tyme of the proclamatiō of this ordinaunce & statute. And if any person or persons, of whatsoeuer kynde, estate, or condition that he or they be, frō henceforth do, or accēpt against the royall ordinaunce & statute aforesaide in the premisses or in any of thē or suche bokes in the fourme aforesayd, do not deliuer, then the diocesan of the same place in his dioces suche person or persōes in this be balfe defamed, or euidently suspected, & eueri of thē [Page]may by the aucthoritie of the sayd ordinarie and Statute, cause to be arrested, and vnder saufe custody in his prisones to be deteined, til he or they of the articles layed to hym or them in this behalfe, do canonically purge him or them selfe, or els such wicked secte, preachynges, doctrynes, and heretical and, erronious opiniōs, do abiure, according as the lawes of the churche doth require, so that the sayd diocesan by him self, or his commissaries, do openly and iudicially procede against such persones so arrested, and remayning vnder his sause custody to all effecte of the lawe, and determin that same businesse, according to the Canonicall decrees, wythin three monethes after the sayd arrest any laweful impedimēt ceassing. And yf any person in any case aboue expressed, be before the diocesan of that place, or his commissaries canonically conuicte, then the same diocesan may do to be kept in his prison the sayd person so conuicte, for the maner of his defaut, and after the qualitie of the offence, according and as long as to his discretion shal seme expediente, and moreouer to put the same person to the secular court, except in cases where he according to the canonical decret ought to be left, to pay to our soueraygne lord the kyng, his pecunier fine, according as the same fine shall seme competent to the diocesan, for the maner and qualitie of the offence, in whiche case the same diocesan, shalbe bound to certifye the kynge of the same fine in his eschecker, by his Lettre Patentes, sealed with his seale, to the effect that such fine by the kynges aucthoritie, maye bee required and leuied to his vse of the goodes of the same person so conuict. And if any persō within the sayd realme and dominions, vpon the sayd wycked preachynges, doctrynes, opinions, schooles, and heretical and erronious informations, or any of them be before the diocesan of the same place, or his commissaries sencencially conuicte & the same wicked sect, preachinges, doctrines and opinions, scholes, & informations, doe refuse duely to abiure, or by the diocesan of the same place or his commissaries after the abiuration made by the same person pronounced, fal in to relapse, so that according to the holy canons, he ought to be left to the seculer court, whervpon credence shalbe geuen to the diocesan of the same place, or to his comissaries in thys behalfe, then the sheriffe of the countie of the same place, and Maior and sheriffes or sheriffe, or Maior and Bayliffes of the citie, towne, and borough of the same countie next to the same diocesan, or the sayde Commyssaryes, shalbe personally present in preferring of such sentences, when they by the same diocesan or his commissaries shalbe required: & they the same persones and euery of them, after suche sentence promulgate, shall receaue: and them before the people in an high place dooe to be brent, that suche punyshment maye strike in feare to the myndes of other, wherby no such wicked doctrine and hereticail, and erronious opinions, nor their abbettours and fautours in the sayd realme & do [Page xv]minions agaynst the catholike fayth, christen lawe and determinatiō of the holy church (which God prohibite) be susteyned, or in any wyse suffered, in which al, and singuler the premisses, concerning the sayde ordinaunce and statute, the sheriffes, maiors, and baylyffes, of the said counties, cities, boroughes, and townes, shalbe attending, ayding, & supporting, to the sayde diocesans and their commissaries.
¶ The tenor of the third Acte, made in the seconde yeare of kyng Henry the fyft, is as foloweth. Cap. vii.
ITem forasmuche as great rumours, congregations, & in surrections, here in the realme of England by dyuerse of the kinges liege people, as wel by them whiche were of y e sect of heresies commonly called lollardrie, as by other of their confederacie, excitation, & abbetment, nowe of late were made, to the intent to adnull, destroye, and subuerte the christen faythe, and the lawe of God and holy churche within thys same realme of England, & also to destroye, the same our soueraygne lorde the kyng, & all other maner of estates of the same realme of Englande as wel spirituall as temporall, and also all maner of policie and finally the lawes of the lande: The same our soueraygne lord the kyng, to the honour of god, and in cōseruation & fortification of the christen fayth, and also in saluation of his royall estate, and of the estate of al his realme, willing agaynst the malice of such heretikes and lollardes to prouide a more open remedy and punishment then hath bene had and vsed in y e case heretofore, so that for feare of the same lawes and punyshmente, such heristes and lollardries may the rather cease in tyme to come, by the aduise and assent aforesaid, and at the prayer of the sayd cōmons, hath ordeyned and stablished: that fyrst the chaunceler, treasurer, Iustices of the one bench and of the other, Iustices of peace, sheriffes, maiors, and baylyffes of cities and townes, and al other officers, hauing gouernaunce of people, which nowe be, or hereafter for the tyme shalbe, shal make an othe in takyng of their charges and occupations, to put their whole power & diligence, to put out and do to be put out, cease, & destroye al maner of heresies and errours, cōmonly called lollardries within the places where they exercise their offices & occupatiōs frō tyme to tyme with all their power, & that they assiste the ordinaries, and their cōmissaries & them fauour & maintayne as often as they or any of them to that shalbe required by the same ordinaries or their cō missaries, so y t when the said officers & ministers trauayle or ride to arrest any lollard, or to make assistence at the instaunce & request of y e ordinaries or their cōmissaries bi vertne of this statute, that the same ordinaries & cōmissaries shall pay for their costes reasonablye. And y t the kynges seruices, to the whych the same officers be first sworne, be [Page]preferred before all other statutes for the libertie of holy church & the ministers of the same, and in especiall for the correction & punishment of the heretikes and lollardes before this time made and not repelled being in their force. And also that al persons cōuict of heresie, of what estate, condition, or degre that they be, by the said ordinaries or other cōmissaries left to the seculer power, according to the lawes of holye churche, shal loose and forfayt al theyr landes and tenementes, which they haue in fee symple in the maner as foloweth, that is to saye, that the king haue all the landes & tenementes, which the sayd conuictes haue in fee simple & holden of him immediatly as forfayte, & that the other lordes, of whome the landes & tenementes of such conuictes be bolden immediatly, after that the kyng is so seaced & aunswered of y e yeare the day, and the wast, haue liuery out of the kynges handes of the landes & tenemētes aforesaid of thē so holden, as it hath bene vsed in the case of attainder of felonie, except y e landes & tenementes, which be holden of the ordinaries or their commissaries, before whome any such persons impeched of heresie be conuict, which landes & tenemē tes, intierly shall remayne to the kyng as forfayte. And moreouer y t al y e goodes & cattels of these persons so cōuicted, be forfaytto our soueraygne lord the kyng, so that no person conuict of heresy, & left to y e seculer power after the lawes of holy church, shal forfait his landes before y t he be dead. And yf any such person so cōuict, be enfeffed be it by fyne by dede, or without dede, in lādes or tenemētes, rentes, or seruices, in fee or otherwise, or hath any other possessiōs or cattels bi gift or graūt of any person or persons to anothers vse thē to y e vse of such conuictes, y t the same landes nor tenementes, rentes nor seruices, nor such other possessions, nor cattels shalbe forfeyt to our soueraigne lord the king in no wise. And moreouer y t the iustices of y e kinges benche, & iustices of peace, & iustices of assise, haue ful power to enquire of al thē, which hold any errors or heresies, as lollardes, & which be their main temers, receyuers, fauorers & sustemers, cōmen writers of such bookes as wel of y e sermons, as of their scholes, cōuenticles, congregatiōs and confederacies. And that this clause be put in cōmissions of y e Iustices of y e peace. And yf any persons be endicted of ani pointes aforesaid the sayd Iustices shal haue power to award against thē a Capias, and the sheriffe shalbe bound to arrest the person or persons so endicted as sone as he may them find by hym or by his officers. And forasmuch as the congnisaunce of heresie, errours & lollardries, belongeth to y e iudges of holy church, and not to the seculer iudges such persons endicted shalbe delyuered to the ordinaries of the places or to their cōmissaries, by indentures bytwyxt them to be made, within .x. daies after theyr arrest, or soner yf it may be, thereof to be acquyte or cōuict by y e lawes of holy church, in case that these persones be not endicted of an other thing, wherof the cognisaunce 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 safegard to the sayde ordynaryes, or to theyr commissaries, and to them deliuered by indentures, as before to be acquyte or conuicte of such lollardryes, errours, or heresies, as is aforesayd, after the lawes of holy churche, and that within the terme aforesayd.
Prouided alwayes that the sayde endictementes be not taken in euydence but for information before the spirituall iudges agaynste suche persones so endicted, but that the ordinaries commence theyr processe agaynst such persons endicted in the same maner as though no endictement were, hauing no regarde to such endictmentes. And yf anye be endicted of heresie, erroure, or lollardrye, and taken by the Sheriffe or other officer, he shalbe lette to mayne pryse within the sayd tenne dayes by good suertie for whome the sayd Sheriffes or other officers will aunswere, so that the sayd person or persones, whiche were so endicted, be ready to be deliuered to the sayde ordinaries, or to theyr commissaries, before the ende of the sayde tenne dayes, yf he may by any meanes for syckenes. And euery ordinarye shall haue sufficient commissaries, or commissarye dwelling in euery countie in a place notable, so that yf any such person so endicted be taken, that the sayde commissaries, or commissarye maye be warned in the notable place where he dwelleth, by the Sheriffe, or some of hys officers, to come to the kynges iayle in the same countie, there to receaue the same person so endicted by indentures as before. And that in the enquest in this case to be taken, the Sheriffes and other officers, to whome it belongeth shall do to be empanelled good and sufficient persons, not suspected nor procured, that is to say, that euery of them whiche shalbe so empanelled in such enqueste, haue wythin the realme of Englande. C. s. of landes, tenementes, or of rent by yeare, vpon payne to lose to the bynges vse .x.li. and they which shalbe empanelled in such enquestes in Wales, euery of them shall haue to y e value of .xl. s. by yeare. And yf any such person be arested, be it by the ordinarie, or by the kynges officers or ministers, & escape or breake y e pryson, before that he be acquite before the ordinary, the goodes and cattels, whiche he hadde the daye of suche arreste, shalbe forfeyre to the kynge and his landes and tenementes, which he hadde the same daye, seased also into the kynges handes, the kyng shall haue the profytes thereof from the sayde day, vntil he be yelded to the prison from which he escaped. And that the forsayd Iustices haue full power to enquyre of al such escapes, breakyng of pryson, and also of landes and tenementes, goodes and catteles of such persones so endicted.
Prouided also that yf any such person endicted do not retourne to the sayd pryson and dyeth not conuicte it shalbe lawfull to his heires [Page]to entre into the landes and tenementes of theyr auncestre, wythout anye other pursuyte makyng to the kynge for thys cause, and then al they whych haue liberties and fraunchises royall in Englande, as in the countie of Chester, the countie and libertie of Durham, and other lyke, and also al the Lordes, which haue iurisdiction and fraunchises royall in Wales, wher the kynges writtes do not runne, haue power to execute and put in due execution these articles, in al poyntes by thē or by theyr officers, in lyke maner as the Iustices and other the kynges officers before declared shoulde do.
¶ An acte that persons dwellyng in the countrye, shall not sel diuers wares in cities, or townes corporate by retayle.
¶ The .vii. Chapter.
WHere before thys tyme the auncient cities, boroughes, Townes corporate, & markette townes within this realme of Englāde, haue bene verye populous, & chiefly inhabited with marchauntes, artificers, & handye craftes men duryng which tyme the chyldren in y e sayd cities, boroughes, towēs corporate, & market townes were ciuilye brought vp, and instructed, and also the sayde cities, boroughes, and townes corporate kept in good ordre and obeysaunce, and the inhabiters of the same wel set on worke, and kept from ydlenes. By reason whereof, the sayde cities, boroughes, and townes corporate, did then prosper in riches, and great welth, and were as then not onely able to serue and furnysh the kyng and Queenes maiesties, and other theyr noble progenitours, kynges of this realme, aswel with great numbers of good able persones, and well furny shed mete for the warres, as also then charged 'and yet chargeable, with great fee farmes, quyndemes, taxes, and dyuers other paymentes to the kynge and Queenes maiesties, whiche at this present they be not able to pay and beare, but to theyr vtter vndoyng, beyng fewe in number to pay and beare the same, but also the same cities, bouroughes, and townes corporate, are lyke to come very shortly to vtter destruction, ruyne, and decay, by reason wherof the occupiers, lynnen, draperes, wollen drapers, haberdashars, and Grocers, dwellinge in the countryes out of the said cities, boroughes, townes corporate, and market townes, do not onely occupye the arte and mistery of the sayde sciences, in the places where they dwel and inhabite, but also come vnto the sayd cities, boroughes townes corporate and market townes and there sel theyr wares, and take awaye the relief of the inhabitaū tes of the sayd cities, boroughes, townes corporate, and market townes to the great decay, and vtter vndoynge of the inhabitauntes of [Page xiii]the same, yf spedy reformation therein, be not had in tyme conueniēt For remedie whereof, and for the better amendement of the sayde cities boroughes, townes corporate, and market townes, and to thēd the same cities, boroughes, and townes corporate, may be the better able to pay the sayd fee fermes, and also to beare the other ordynary charges within the same cities, boroughes, and townes corporate, and to furnyshe the kyng and Quenes maiesties, which numbers of able persōs, like as they heretofore haue done in times past, in times of warre.
Be it therefore enacted by our soueraygne Lorde and Ladye, the kyng and Queene, the lordes spirituall and temporall, and the commons in this present parliament assembled, and by auctoritie of the same, that any person or persones, which do nowe inhabite & dwell, or hereafter shall inhabite or dwell in the country any where or county wythin this realme of England, out of any of the sayde cities, boroughes, townes corporate, or market townes, from, and after y e feast of S. Michael tharchaungel next comming, shall not sell or cause to be sold by retayle, any wollen cloth, linnen cloth, haberdashe wares Grocery wares, mercery wares, at, or within any of the said cities, boroughes, townes corporate, or market townes, or w tin the suburbs or liberties of the sayd cities boroughes, townes corporate, & market townes, wythin this said realme of England (except it be in open fayres) vpon payne to forfeyt and loose for euery tyme so offending y e summe of vi. s. viii. d. and the hole wares so solde, proferred, and offered to be solde, contrary to the forme, intente, and effect of thys present acte, as aboue is sayd, the one moytie of all which forfaytures, to be to the vse of our sayd soueraygne Lorde and Lady the kyng and Queenes maiesties, and the other halfe to him or them that shal sease and sewe for the same in any of the kyng and queenes courtes of recorde, by byll, playnt, action of debte, informacion or otherwise, wher in no essoigne, protection or, wager of lawe, shalbe alowed.
Prouided alway, that this acte shall not in any wyse extende, nor be hurtefull to any person or persons, that bring any of the sayde wollen cloth, lynnen cloth, haberdash, Grocery, mercery ware or wars, to anye 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 byretayle, but they and euery of them may laufully sell 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, myght haue done at any tyme or tymes before the makyng of this act. Any thing here in to the contrary, notwithstanding.
Prouided alway, that this present acte shall not extende to anye person or persons, y t nowe dwel or inhabit in the country, or hereafter [Page]shall dwell or inhabite out of any of the said cities, boroughes, towns corporate, or market townes, but that they, and euerye of them at any tyme hereafter, when they, or any of them shalbe free of anye the guyldes, & liberties of any the sayd cities, boroughes, townes corporate, or market townes, and dwel or inhabite within any of the same cities, boroughes, townes corporate, or markette townes, that they and euery of them so being free, shall and may sel or cause to be solde, any of the wares aforesayd, by retayle, in as ample and large maner as they, and euery of them, might haue done, beinge free of the sayde cities, boroughes, and townes aforesayd, before the makyng of thys Acte. Any clause or article in this acte to the contrarye notwithstandynge.
Prouyded alwayes, and be it enacted by thauctoritie aforesayd that it shalbe lawefull to all persones, to sell or cause to be sold by retayle or otherwise, al maner of cloth, lynnen, or wollen, of theyr owne makyng, in euery citie, borough, towne corporate, and market towne within this realme, as freely and franckly as they might haue done before the makyng of this Acte Anye thynge in the same conteyned to the contrary hereof notwithstanding.
Prouided alway, that this acte, or any thing therein conteyned, shall not be preiudiciall or hurtefull to the liberties, and priuileges of the vniuersities of Cambrydge and Oxforde, or eyther of them, Any thing in thys Acte heretofore mentioned to the contrary notwythstandyng.
¶ An Acte repealyng all Statutes, articles, and prouisions, made Agaynst the Sea Apostolyke of Rome, synce the .xx. yeare of Kynge Henry the eyght, and also for thestablyshment of all spirytuall and ecclesiasticall possessions, and hereditamentes conueyed to the laytie.
¶ The .viii. Chapter.
WHere as synce the .xx. yeare of Kynge Henry theight of famous memory, father vnto youre maiestie, oure most naturall soueraygne, and gratious Ladye and Queene, muche faise and erronious doctryne, hathe bene taught, preached, and written partly by dyuers, the naturall borne Subiectes of this realme & partelye beyng brought in hether from sondry other forreyne countryes, hath bene sowen and spred abroad within the same. By reason wherof aswel the spiritualtie as the temporaltie of your highnes realmes and dominions, haue swerued from the obedience of the Sea Apostolyke, and declined from the vnitie of Christes churche, and so haue [Page xiiii]continued, vntyl suche tyme as your maiestie beynge fyrst reysed vp by God, and set in the seat Royal ouer vs, and then by his diuine and gratious prouidence knyt in marriage with the moost noble & vertuous Prynce, the kynge our soueraygne Lorde your husbande, the Popes holynes, and the Sea Apostolike, sent hither vnto your maiesties (as vnto persones vndefiled, and by Gods goodnes preserued from the common infection aforesayde) and to the whole realme, the moost reuerend father in God the Lorde Cardinall Poole Legate, de latere to call vs home agayne into the right waye, frome whence we haue al this long while wandered, and strayed abrode. And we after sondrye longe, and, greuous plagues, and calamities, seinge by the goodnes of god our owne errours, haue acknowledged the same vnto the sayde mooste reuerende father, and by hym haue bene, and are the rather at the contemplation of your maiesties, receyued and embraced into the vnitie and bosome of Christes churche, and vpon our humble submission & promisse made for a declaration of our repentaunce to repeale and aborgate such actes and Statutes as had bene made in parliament, synce the sayd .xx. yeare of the sayde kynge Henry theyght, agaynst the supremacy of the Sea Apostolike, as in oure submission exhibited to the sayde moste reuerende father in God, by your maiesties appeareth. The tenor wherof ensueth
We the Lordes spirituall, and temporall, and the commons assembled in this present parliament, representynge the whole body of the realme of Englande, and the dominions of the same, in the name of our selues perticulerlye and also of the sayde body vniuersally in this our supplication, directed to your maiesties with moost humbly suit that it may by your graces intercessiō and meane be exhibited to the mooste reuerend father in God, the Lorde Cardinall Poole legate, sent speciallye hyther from our mooste holye father Pope Iulye the thyrd, and the Sea Apostolike of Rome, do declare our selues very sorye and repentaunte, of the scisme and disobedience, committed in this realme and dominiōs aforesayd agaynst y e sayd Sea Apostolike, eyther by makyng, agreing, or execting any lawes, ordinaunces, or commaundementes, agaynst the supremacy of the said Sea, or other wyse doyng or speakyng, that myght impugne the same: offerynge our selues, and promisyng by this our supplication, that for a token & knoweledge of our sayd repentaunce, we be and shalbe alwayes ready vnder, and with thauctorities of our miaesties, to y e vttermooste of our powers, to do that shall lye in vs, for the abrogation and repealynge of the sayde lawes and ordinances in this present parliament, aswell for our selues as for the whole bodye, whome we represente, where vpon we moost humbly desyre your maiesties, as personages vndefiled in thoffence of hys body towardes the sayde Sea, whiche neuerthelesse God by his prouydence, hath made subiect to you, so to [Page]set forth this our mooste humble suite, that we maye obtayne frō the Sea Apostolyke, by the sayde moost reuerend father, aswell perticulerlye, as generally, absolution, release, and discharge, from all daunger of suche censures, and sentences, as by the lawes of the churche we be fallen into. And that we maye as children repentaunt, be receyued in the bosome and vnytye of Christes churche, so as this noble realme, with all the members therof, maye in this vnitie, and perfect obedience to the Sea Apostolike, and Popes, for the tyme beynge, serue God and your maiesties, to the furtheraunce and aduauncemēt of his honour and glory. We are at the intercession of your maiesties, by thaucthoritie of our holy father, Pope Iuly the thyrde, and of the Sea Apostolike, assoyled, discharged, and deliuered from excommunication, interdictions and other censures Ecclesiasticall which hath hanged ouer our heades for our sayde defaultes, synce the tyme of the sayd scisme, mentioned in our supplication. The whiche tyme the sayd Lorde Legate, and we, do al declare, recognise, and meane by this acte, to be onely synce the .xx. yeare of the raygne of our most noble father, Kyng Henry theyght. It maye nowe lyke your maiesties, that for the accomplyshment of our promisse made in the sayde supplication, that is, to repeale al lawes and Statutes, made contrary to the sayde supre macye, and Sea Apostolyke, durynge the sayde scisme, the whiche is to be vnderstand, synce the .xx. yeare of y e reigne of the sayde late kyng Henry theyght, and so the sayde lorde Legate doth accepte and recognise the same.
Wherein the pacliament begonne and holden at Westminster, in the .xxi. yeare of the raygne of the late Kyng of moost famous memorye, kynge Henry theight one acte was then and there made agaynst pluralities of benefices, for takynge of farmes by spirituall men and for none residence, in the which acte amongest other thinges it was ordeyned and enacted, that yf any person or persones, at any tyme after the fyrst day of Apryll, in the yeare of our Lord God a thousand fyue hundred and thyrtie contrary to the same acte, should procure and obtayne at the court of Rome, or elles where any licence, or lycences, vnion, tolleration, or dispensation, to receaue and take anye more benefices, with cure, then was limitted and appoynted by the same acte, or elles at any tyme after the sayde daye shoulde put in execution any such licence, tolleration, or dispensation, before that tyme obteyned, contrary to the sayde Acte, that then euery suche person or persones, so after the sayd daye, suinge for hym selfe, or receauyng, & takyng such benefice by force of such licence or lycences, vnione, tolleration, or dispensation, that is to say: the same prrson or personnes onely, and no nother, shoulde for euery such default, incurre the daū ger payne, and penaltite of .xx. li. sterl. and shoulde also loose the hole profytes of euery suche 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 sayde Acte it was ordeyned and enacted, that yf any person or persones dyd procure, or obtayne at the Courte of Rome, or ells where any maner of lycence, or dispensatiō to be none residence at their dignities, prebende, or benefices, cōtrari to the sayde Acte, that then euery such person or persons, puttynge in execution any such dispensation, or licence for hym selfe from the sayd first day of Apryll, in the sayde yeare of our Lorde God, a M. fiue hundred, and thyrtie should runne and encurre, in the penaltye, damage, and payne of .xx. li. ster. for euery tyme so doyng, to the for fayted and recouered, as by the sayde Acte is declared. And yet such licence, or dispensation so procured, or to be put in execution, to bee voyde, and of none effect, as by the same acte more playnely it doth, and may appeare.
Be it enacted by thaucthoritie of this present parliament, that as muche onely of the sayd Acte as concerneth the articles, and clauses aforesayd, and al and euery the wordes and sentences, contayned in the sayd Acte, concernyng the sayd articles, and clauses, and euerye of them, shall from henceforth be repealed, adnulled, reuoked, adnichilated, and vtterly made voyde for euer. Any thyng in the sayde acte to the contrary in any wise, notwithstanding.
And where also at the session of the same parliament, holden vpon prorogation, in the .xxiii. yeare of the reigne of the sayde late kynge Henry theyght, one act, entituled: the acte that no person shalbe cited out of the diocesse, where he or she dwelleth, except in certayne caces, And where also at the sayd parliament, in the session holden at Westminster vpon prorogation, in the .xxiiii. yeare of the raigne of y e sayd late kyng Henry theyght, one act was made, that appeales in suche cases as hath bene vsed to be pursued to the sea of Rome, shoulde not from henceforth be had nor vsed, but within this realme. And where also at the sayd parliament holden at Westminster, in the .xxi. year of the raygne of the sayde late kynge Henry the eyght, and there continued by diuers prorogations, vntyll the .xiiii. daye of Aprill, in the xxvii. yeare of his reygne, one acte was made concerning restraintes of paymentes of annaties, and fyrste fruites, of Archebyshopryckes and Byshoprickes of the Sea of Rome. And where at a Session of the sayde parliament, holden in the .xxv. yeare of the reygne of the sayde late kyng, there was also made one acte, entituled: the submission of the clergye to the kynges maiesties, and one other acte entituled, one Acte restraynyng the sayde paymentes of annates, or fyrste fruites to the byshop of Rome, and of the electing and consecratinge of the Archbyshoppes and Byshopes within this realme. And one other act was then and there made, entituled: an act concerninge the exoneration of the kinges subiectes, from exactions, and impositiōs [Page]before that tyme payde to the Sea of Rome, and for hauing licences and dispensacions within this realme, without suyng further for the same.
Be it enacted by thauctoritie of this present perliament, that the sayde seueral actes made for the restraynt of the payment of the sayd annates, and fyrste fruytes, and all other the sayd Actes, made in the sayde .xxiiii. and .xxv. yeares of the raygne of the sayd late kyng, and euery of them, and al, and euery braunch, article, matter, and sentence in them, and euery of them conteyned, shalbe by thaucthoritie of this presente parlament from henceforth vtterlye voyde, made frustrate and repelled, to all intentes, constructions, and purposes.
And be it further enacted by the aucthoritie of this present parliament. that all and euery these actes folowinge. That is to saye: one acte made at the session of the sayde parliament holden vpon prorogation at Westin. in the .xxvi. yeare of the raigne of the sayde late kyng Henry theyght, entituled: an acte concerning y e kynges hyghnes to be supreame heade of the church of Englande, and to haue aucthoritie to reforme and redresse all errours, heresies, and abuses, in the same. And one other acte made in the same session of the same parliamente entituled: an acte for nomination, and consecration of Suffragans within this realme. And one other acte made in the .xxvii. yeare of the reygne of thesayde late kynge Henry the eyght, intituled: an acte wherby the kynge shoulde haue power to nominate .xxxii. persons of his Clergye and Laye fee, for makynge of Ecclesiasticall lawes. And also one other acte, made at the parliamente holden at Westminster in the .xxviii. yeare of the reygne of the sayd late kyng Henry the eyght entituled: an acte extinquysshynge thaucthoritie of the Bysshop of Rome And one other acte made in the same parliamente, entytuled: an acte for the release of such, as then had, obteyned, pretended lycences, and dyspensations from the Sea of Rome. And also all that parte of theacte, made in the sayde .xxviii. yeare of the sayde kynge, entituled: an acte for the establyshemente of the Succession of the imperiall crowne of the realme, that concerneth a prohibition to marrye within the degrees expressed in the sayde Acte. And also one other Acte, made at the parliamente holden at Westminster, in the .xxxi. yeare of the reygne of the sayde late kynge Henrye the eyghte, eutituled: an acte aucthorisynge the kynges highnes to make Bysshoppes by his letters patentes. And one other acte made in the session of the same parliament, begon in the sayd .xxx. yeare, holden vpon prorogation. the .xxxii. yeare of the reygne of the sayde Kynge Henry the eyghte, entituled: an acte concernynge precontractes of marryages, and touchinge degrees of consanguinitie. And one other acte made in the parliament holden at Westminster, in the .xxxv. yeare of the reygne of the sayd late kynge Henry theyght, entituled: an act for [Page xvi]the ratification of the kinges maiesties stile, shall henceforth be repealed, made frustrate, voyde, and of none effect. And where also at the said parliament holden at Westminster, in the .xxxv. yeare of y e raign of the sayd late kyng Henry theyght, one other acte was made, entite led: an Acte concerning the establyshment 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 forth, that euerye subiecte of this realme, should be bound to take agaynst the power, aucthoritie, and iurisdiction of the Sea of Rome. Be it enacted bi y e aucthoritie of this present Parliament, that so muche of the sayd Acte, as toucheth the sayde othe agaynst the supremacy, and all othes ther vp on had, made, and gyuen, shalbe from henceforth vtterly voide, repealed and of none effect. And where also one other act was made in the xxxvii. yeare of the raygne of the sayd late kyng Henry theight entituled, an acte that doctours of ciuill law, beyng married, myghte exercyse ecclesiastical iurisdiction. Be it enacted bi thaucthoritie of this present Parliament, that the sayd acte last before mentioned, and all, and euery braunche, article, sentence, and matter, conteyned in the same, shall from henceforth be repealed, and vtterly made voyde, and of none effect.
And where one other acte was made at the first session of the Parliament, holden at Westminster, in the first yeare of the raigne of king Edwarde the six te, entituled: an acte for the repeale of certayne Statures, concerning treasons, felonies, &c. In the which acte amongest other thinges, there is contayned certeyne prouisions, paynes, penalties, and forfaytures for and agaynst suche, as shoulde by open preachinges, expresse wordes, sayinges, writinge, printing ouert dede, or acte affirme, or set forth, that the kyng of this realme for the tyme being, is not or ought not to be supreame heade in earth, of the churches of England and Irelande, ne of any of them, or that the Byshoppe of Rome, or any other person, or persons, other then the kynge of Englande for the tyme being, is or ought to be supreame heade of y e same churches, or any of them, as in the same acte last before rehersed, more at large is contained, and may appeare. Be it enacted by thauctoritie of this present Parliament, that these clauses before rehersed, and other of the sayd acte, concerning the supremacye, and all, and euerye braunche, article, wordes, and sentence, in the same sounding, or tendyng to the derogation of the supremacie, of the popes holines, or the Sea of Rome, and al paynes, penalties, & forfaytures. made against them, that should by any meanes set forth, or extole the sayd supremacie, shalbe from henceforth vtterly voyde and of none effecte.
And be it further enacted by thauctoritie aforesayd, that al clauses, sentences, and articles of euery other Statute, or act of Parliament, made sithenes the sayd .xx. yeare of the raygne of kyng Henry [Page]theyght, against the supreame aucthoritie of the Popes holynes, or Sea Apostolike of Rome, or conteining ani other matter of the same effecte onely, that is repealed in any of the Statutes aforesayd, shall be also by aucthoritie hereof from henceforth vtterly voide, frustrate and of none effect.
And where we your most humble subiectes, the Lordes spirituall and temporall, and commons in this present Parliament assembled, haue exhibited to your Maiesties one other supplication in forme folowinge.
We the lordes spirituall and temporall, and the commons in thys present Parliament assembled representing the whole body of thys realme, reduced and receaued by your maiesties intercession to y e vnitie of Christes Churche, and the obedience of the Sea Apostolike of Rome, and the Popes holines gouerning the same, make most humble suite vnto your maiesties, to be likewise meanes & intercessours, that al occasions of contention, hatred, grudge, suspition, and trouble both outwardly and inwardly in mens consciences, whyche myghte aryse amongest vs, by reason of disobedience, may bi auctoritie of the Popes holynes, and by ministration of the same vnto vs, by the most reuerend father in God, y e Lord Cardinal Poole, by dispensation toleration, or permission respectiuely, as the cace shall require, be abolished, and taken awaye, and by aucthoritie sufficient these articles folowing, and generally all others, when any occasion shall so require, may be prouided for, and confyrmed.
Fyrst that all Bysshopryckes, cathedrall churches, hospitales, colleges, lcholes, and other such foundations nowe continuing, made by aucthoritie of Parlyament, or otherwyse establyshed, accordyng to y e ordre of the lawes of thys realme, sythens this scysme, may be confyrmed and contynued for euer.
Item that marriages made infragradus prohibitos consanguinitatis, affinitatis, cognationis spiritualis, or which myght be made voyde propter impedimentum publicae honestatis, iustitiae, or for any other cause, prohibited by the canons onelye maye be confirmed, and chyldren borne of those marriages declared legittimate, so as those marriages were made, according to y e lawes of the realme for the time being, and be not directly against the lawes of God, nor in such case, as the Sea Apostolike hath not vsed to dyspence wythall.
That institutions of benefices, and other promotions ecclesiastical and dispensations, made according to the forme of the acte of Parliament, may be likewise confirmed.
That all iudiciall processes, made before anye ordinaries of thys realme, or before any delegates vpon any appeales, according to thordre. of the lawes of the realine, may be likewise ratified & confirmed.
And finally where certayne actes and statutes haue bene made in [Page xvii]the tyme of the late scism, concerning the landes, and hereditamentes of Archebisshoprykes and Bishoprickes, the suppression, and dissolution of monasteries. Abbayes, prioryes, chauntries, colleges, and al other the goodes and cartels of religious houses. Synce the whyche tyme, the ryght, and dominion of certayne landes, and hereditamentes, goodes and cattels, belongynge to the same, be dispersed abroade, and come to the handes, and possessions of diuerse and sondri persons, wholby gyfte, purchase, exchaunge, and other meanes, accordynge to the order of the lawes and statutes of this realme, for the tyme veynge, haue the same. For the auoydinge of all scruples that might growe by any thoccasions aforesayd, or by any other waies, or meanes, whatsoeuer: It may please youre maiesties, to be intercessours, and medtatours, to the sayde mooste reuerende father, Cardinall Pole, that all such causes, and quarels as by pretence of the said scisme, or by any other occasion, or meane whatsoeuer, myght be moued by the Popes holynes, or Sea Apostolike, or by any other iurisdiction Ecclesiasticall, may be vtterly remoued, and taken awaye, so as al persones hauing sufficient conueyaunce of the sayd landes and hereditamentes, goodes and cattels, as is aforesayd, by the commō lawes, actes or Statutes of this realme, maye withoute scruple of conscience, enioye them wythout impechement or trouble by pretēce of any generall counsayle, Cannons, or Ecclesiastical lawes, & cleare from all daungers of the censures of the churche.
And conformablie herevnto, the Bysshoppes and Cleagry of the prouynce of Cantorburie haue presented to your maiesties a supplication, in this tenour that foloweth.
Nos Episcopi & Clerus Cantuariensis prouinciae in hoc Synodo more nostro solito, dum Regni parliamētācelebratur, congregati, cum omni debita humilitate & reuerētia ex ponimus Maiestatibus uestris, quod lic [...]t Ecclesiarum, quibus in Episcopos Decanos, Archidiaconos, rectores, & uicarios praefecti sumus, & animarū, quae nobis & curae nostrae subiectae sūt & earundem bonorum iurisdictionum, & iurium, ex sacrorum Canonum dispositione, defensores & curatores constituti sumus, & proptereaipsa rum bona, iurisdictiones, & iura in pernicioso huius Regni praeterito scis mate de perdita & amissa, omnistudio, & totis nostris uiribus, recuperare & ad pristinum Ecclesiarum ius reuocare, iuris remedijs niti deberemus: Nichilominus camen habito prius per nos super hac re maturo Consilio, et deliberatione ingenuè fatemur, nos optimè cognoscere, quàm haec bonorū Ecclesiasticorū difficilis, & quasi impnssibilis esset recuperatio propter multiplices, ac pene inextricabiles super hiis habitos contractus, & dispositiones, [Page]& quod si ea tentaretur, quies & tranquilitas Regni facilè perturbaretur, & unitas Ecclesiae Catholicae, quae iam pietatis, & aucthoritate Maiestatum uestrarum hoc in Regno introducta est, cum maxima difficultate suum debitum progressum, & finem sortirl posset. Ideo nos bonū & quietem publicam priuatis commoditatibus, & salutem tot animarum praetioso Christi sanguine et redemptarum terrenis bonis anteponētes, & non quae noctra, sed quae lesu Christisunt quaerentes, Maiectatis uestras enixè rogamus, eis (que) humiliter supplicamus, ut reueren dissimo in Chricto patri, domino Reginaldo Cardinali Polo, ad ipsas, & uniuersum hoc Angliae regnum sanctissimi domini nostri, Domini Iulij, Papae tertij, & Apostolicae sedes de latere legato, haec nomine nostro in sinuare, & apud eū intercedere dignētur, ut in hiis bonis Ecclesiastices in parte, uel in toto arbi trio suo iuxta facultates sibi ab eodem sanctissimo domino nostro Papa concessas, eorundem bonorum detentoribus elargiendis et relaxandis publicum bonum priuato pacem & tranquillitatem dissidijs, & perturbationibus, at (que) animarum falutem bono terrenis praeferre, & anteponere uelit Nos enim in omnibus quae ab ipso legato statuta, & ordinata circa haec bona fuerint, ex nunc, prout ex tunc, & econtra cōsensum nostrū praecta mus, imo etiam ut in praemissis se difficilem aut restrictum reddere non uelit, malestatis uestrae nostro nomine eum hortari, & rogare dignabuntur. In super maiestatibus uestris supplicamus, ut pro sua pietate effice re dignentur, ut ea quae ad iurisdistionem noctrā, & libertatē Ecclesiasti cam pertinent, sine quibus debitum nostri pastorales officij et curae anima rum nobis commissae exercere non possumus, nobis superiorum temporū in iuria ablata restituantur, & ea nobis, & Ecclesijs perpetuo illesa & salua permaneant, & ut omnes leges, quae hanc nostram, iurisdictionem, & libertatem Ecclesiasticam tollunt, seu quouis modo impediunt, abrogentur ad honorem dei, & maiestatum uestrarum, & uniuersihuius Regni Spirituale, et temporale commodum, et salutem, certam, spem etiam habē tes, Maiestates uestras, pro sua singulari in ipsum deum pietate, pro (que) multis et insignibus ab ipsius dei bonitate acceptis beneficijs necessitatibus, et incommodis huius sui Regni Ecclesiarum maximê curam animarum habentium nun (que) defuturas esse, sedprout opus fuerit, consulturas at (que) prouisuras.
Forasmuch as the sayde moost reuerend father, the Lorde Legate, at the intercession of your maiesties, hath by thauctoritie of the Sea Apostolyke, sufficiently dispensed in the matters specified in the sayd seuerall supplications, as in his sayd letters of dispensation is conteyned more at large. The tenor wherof ensueth.
Reginaldus miseratione diuina Sanstae Mariae in Cosmedin Sanctae Romanae Ecclesiae, Diaconus, Cardinalis Polus nuncupatus, ad Serenissimos Philippum & Mariam, Angliae Reges, fidei defensores: et uniuersum Angliae regnum, Sanctissimi Domini nostri Papae, et sedis Apostolicae de latere legatus eis dem Serenissimis Philippo et Mariae Regibus salutem in Domino sempiternam. Cùm supremum consilium istius regni parlamentū nuncupatum Maiestatibus uestris, per suos supplices libellos exposuisset, quòd perniciocissimo scismate, in hoc regno aliâs uigente, quod nunc deï misericordia, & maiestatum uestrarum pietate extinctum est, authoritatem ipsius parlamenti, nonnulli Episcopatus diuisi, & ex his aliquae inferiores Ecclesiae, in cathedrales erestae, et scholae, at que hospitalia fundata, necnon plurimae dispensationes et beneficiorum prouisiones factae fuerūt ac multae personae quibus persuasum fuerat: Iuris Canonici dispositiones, hoc in Regno amplius locum non habere: inter se in gradibus consanguinitatis uel affinitatis de iure prohibitis, & alijs impedimentis Canonicis sibi obstantibus matrimonia, per uerba de praesenti cōtraxerunt, et multis actus iudiciarij, & processus, tam in primis, quàm ulterioribus instantiis super rebus spiritualibus, & Ecclesiasticis coram iudicibus tam Ordinarijs quàm delegatis, qui authoritate laicali procedebant, habiti & seruati, adsuper eis etiā sētētiae latae, et promulgatae fuerūt, et bona ecclesiastica per diuersas eiusdem regni personas occupata, et apprehēsa fuerunt: Quae quidem licet ex sacrorum Canonum institutis irrita declarari possent, tamensi ad alium statum, quàm in quo nuncsunt, reuocarentur, publica pax & quies uniuersi regni turbaretur, et maxima confusio oriretur, presertim si dictorum bonorum possessores molestarentur, et propterea maiestati bus uestris humiliter supplicauerint, ut apud nos intercedere dignentur, ut premissarum rerum firmitari, et stabilitati, et simul huius Regni quieti, et tranquillitati de benignitate Apostolica prouidere uelimus. Cumque Episcopi quoque deindè, ac reliquus prouinciae Cantuariensis Clerus totū fere corpus Ecclesiasticum regni representans, ad quos haec bonorum Ecclesiasticorum causa maximè pertinet, exposuerint, quòd haec bona ad ius ecclesiarum reuocare non possunt, quin pax uniuersalis, & quies huius regni turbetur, et causa fidei at (que) unitatis Ecclesiae, iam toto omnium consensu hoc in regno introducta, in maximum periculum adducatur, et propterea ipsi quoque supplicauerint, ut apud nos intercedere uelint, ut in his bonis Ecclesiasticis possessoribus relaxandus restricti et difficiles esse nollemus, maiestates autem uestrae, ad quas maxime spectat prouldere, ut regnū ipsarū potestari, regimini et curae commissum in pace et tranquillitateconseruetur. [Page]His supplicationibus et postulatis cognitis et mature cōsideratis iudicauerint ea omnia, et maxime illa, quae in bonorū ecclesiasticorū causa petuntur, pro causa fidei et pro pace publica, per nos debere sine ulla dilatione 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 intercessionis per easdem maiestates uestras nobis simul cum alijs supplicationibus exhibito, latius apparet. Idcirco nos qui ad maiestates uestras, et hoc nobilissimum uestrum regnum à Sanctissimo Domino nostro Iulio Papa tertio ipsius et sedis Apostolicae de latere legati missi sumus, ut regnum istud, quod iamdiu ab Ecclesiae Catholicae unitate separatum fuerat, Deo et Ecclesiae Christi, eius (que) in terris uicario reconciliaremus: et ut ea omnia quae ad pacē et tranquillitatem huius regni pertinerent, omni studio procuraremus, postquā dei benignitate, 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, cùm utrius (que) rei stabilitatem in eo maxime consistere, si horum Ecclesiasticorum bonorum possessoribus molestia nulla inferatur quo nimus ea teneant, tot et tam grauia testimonia nobis fidem faciant, et maiestatum uestrarum intercessio, quae pro unitate Ecclesiae, et sedis Apostolicae auctoritate hoc in regno instauranda tam studiosè, et tam piè elaborarunt, eam quam par est auctoritatem apud nos habeat, et ut uniuersum hoc regnum sedis Apostolicae maternam uerè indulgentiā, et charitatem erga se agnoscat, et re ipsa experiatur: quoscun (que) ad quos infra scripta pertinēt, à quibusuis excommunicationis, suspensionis, et interdicti, alijs (que) ecclesiasticis sentētijs, cēsuris, et poenis à iure, uel ab homine quauis occasione uel causa latis, si quibus quomodolibet innodati existunt, ad effectum praesentium dumtaxat consequendum harum serie absoluentes, et absolutos fore censentes, aucthoritate Apostolica, per litteras Sanctissimi domini nostri, domini Iulij Papae tertij nobis concessa, & qua fungimur in hac parte, tenore praesentium dispensamus: quòd omnes et singulae Cathedralium Ecclesiarum erectiones, hospitalium, et scholarū fundationes tempore praeteriti scismatis, licet de facto et nulliter attētatae in eo statu, in quo nunc sunt, perpetuo firmae et stabiles parmaneant, illisque Apostolicae firmitatis robur adijcimus, ita ut non ea aucthoritate, qua prius, sed ea, quam nunc eis tribuimus, factae ab omnibus censeantur, & cū [Page xix]omnibus et singulis personis regni praedicti, quae in aliquo consanguinita tis uel affinitatis gradu etiam multiplici, uel cognationis spiritualie, seu publicae honestatis iusticiae impedimento de iure positiuo introductis, & in quibus sanstissimus dominus noster Papa dispensare cönsueuit, matri monia scienter uelignorantur de facto contraxerint, ut alique impedimē torum premissorum, non obstante in eorum matrimonijs, sic contractis libere, & licite remanere, seu illa de nouo contrahere possint, misericorditer in domino dispensamus, prolem susceptam, suscipiendam legitimam, de cernentes, ita tamen ùt qui scienter et malitiosè contraxerint, à sententia excōmunicationis, et ab incestus seu sacrilegij reatu, absolutionēâ suo ordi nario, uel curato, quibus id faciendi facultatem concedimus, obtineant, ac omnes Ecclesiasticas seculares, seu quorumuis ordinum regulares personas quae aliquas impetrationes, dispensationes, cōcessiones, gratias, et indulta tam Ordines quàm beneficia Ecclesiastica, seu alias spirituales materias praetensa aucthoritate supremitatis Ecclesiae Anglicanae licet nulliter, et de facto obtinuerint, et ad correuersae Ecclesiae unitati restitutae fuerint, in suis Ordinibus, & beneficijs per nos ipsos, seu â nobis ad id deputatos, misericorditer recipiemus, prout iam multae receptae fuerūt, secum (que) super his opportunè in Domino dispensauimus: Ac omnes processus in quibusuis instantijs coram quibusuis iudicibus, tam ordinariis quâm delegatis, etiā laicis super materijs spiritualibus habitos & formatos, & sentētias super eis latas, licet nulliter et de facto, quoad nullitatem ex defectu iurisdictio nis praefato tantum insurgentem sanamus, illos (que), et illas aucthoritate Apostolica confirmamus: Ac quibusuis huius regni personis, ad quarum manus bona Ecclesiastica ex quocun (que) contractu seu titulo oneroso uel lucratiuo iam deuenerint, illaque tenuerint, seu etiam teneant, omnes & quoscun (que) fructus ex eisdē bonis, licet indebitê perceptos, in totum remitt imus & relaxamus. Volentes ac decernentes, quòd dictorum bonorum Ecclesiasticorum tam mobilium quàm immobilium possessores praefati non possintin praesenti, nec in posterum, seu per consiliorum generalium, uel prouincialium dispositiones, seu decretales Romanorū pontificum Epistolas, seu aliam quamcun (que) censurā ecclesiasticā in dictis bonis, seu eorundē possessione molestari, inquietari, uel perturbari, nec eis aliquae cēsurae uel poenae ecclesiasticae propter huiusmodi detentionem, seu non restitutionē irrogari uel infligi, et sic per quoscunque iudices, & auditores sublata eis, qua suis aliter iudicandi et interpretandi facultate, et aucthoritate 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 constitutionibus, & ordinationibus, caeteris (que)ue contrarijs quibuscunque. Admonemus tamen cùm diuisio Episcopatuum, & erectio Cathedralium Ecclesiarum sint de maioribus causis, quae summo pontifici sunt reseruatae, recurrendum esse ad suam Sanctitatē, & ab ea suppliciter postulandum, ut haec confirmare, seu de nouo facere dignetur. Et licet omnes res mobiles Ecclesiarum indistinctêijs, qui eos tenent relaxauerimus, eos tamen admonitos esse uolumus, ut ante oculos habentes diuini iudicij seueritatem contra Balthasarem Regem Babilonis, qui uasa sacra non à se, sed à patre ê templo ablata in prophanos usus conuertit ea proprijs Ecclesijs si extant, uel alijs restituant. Hortantes etiam, & per uiscera misericordiae lesu Christi obtestantes eos omnes, quos haec res tangit, ut salutis suae non omnino immemores, hoc saltem efficiant, ut ex bonis Ecclesiasticis, maxime ijs, quae ratione personatuum & uicariatuū populi ministrorum sustentationi fuerint specialiter destinata, seu alijs Cathedralibus, & alijs quae nunc extant, inferioribus Ecclesijs curam animarum exercentibus ita prouideatur, ut earum pastores, personae & uicarij commodè, & hones [...]e iuxta eorum qualitatem, & statum sustentari possint, & curam animarum laudabiliter exercere, & onera incumbentia congruè supportare.
We the sayd lordes spirituall and temporall, and commons in thys present parliament assembled, rendryng most humble thankes to your maiesties, by whose intercession and meanes we haue obteyned the sayd dispensations of the popes holynes by the sayd moste reuerende father in God, hyslegate, most humbly besecheth the same, that it may be ordeined as foloweth.
And therfore be it enacted by thaucthoritie of this present parliamēt, that al, & singuler articles & clauses. conteined in the said dispensation, as well touchyng 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 ratification of processe, and of sentences in matters ecclesiasticall, touchyng the inualiditie of them for wante of iuridiction, and the insititutions and destitutions, of, and in benefices and promotiōs ecclesiasticall, dispensations, and graces, gyuen by suche order, as the publyke lawes of the realme then approued, and all other thynges before [Page xx]conteyned in the sayd letters of dispensation, shall remayne and be reputed and taken, to al intentes and cōstructions in the lawes of this realme, lawful, good, and effectuall to be alleaged and pleaded in all courtes ecclesiasticall and temporall, for good and sufficiente matter, eyther for the playntyfe or defendaunt, without any alle gation, or obiection, to be made against 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 Monasteries, Priories, Commaundries, Nonneries, Deaneries, Prebendes, Colleges, Hospitalles, Howses of friars, Chauntries, and other religious and ecclesiastical houses and places, and the mannours, graunges, mesuages, landes, tenementes, rectories, tithes, pentions, portions, vicareges, churches, chappels, aduousons, nominations, patronages, annuities rentes, reuertions, seruices, and other possessions, and hereditamentes to the sayd late monasteries. priories, nonneries, commaundries, deanryes, chauntries, prebendes, houses of Fryars, colleges, hospitalles, and other religious and ecclesiastical houses and places and to sondrye Archebysshoprykes, and Bysshoprykes within this realme, late appartaynyng and belongyng, came aswell to the handes & possession of the sayd kyng of famous memory Henrye theyghte, father vnto your maiestie, our sayd soueraygne Lady by dissolution, gyfte, graunt, surrendre, attayndre, or otherwyse, as also to the handes and possession of diuers and sondry other persons, and bodyes polytyke and corporate, by sondry meanes, conueyaunces, and assuraunces, accordyng to the ordre of the lawes and statutes of this realme.
And where also diuerse manours, landes, tenementes, and hereditamentes percell of the possessions of Archebysshoprykes and Bishoprykes, and many and sondrye late deaneryes, colleges, chauntryes, rectories, Prebendes, Free chappels, Guyldes, and Fraternities, manours, houses, Graunges, landes, tenementes, rentes, seruyces, and other Ecclesiasticall possessions, and hereditamentes, goodes, and cattels to the sayd Archebysshoprykes, Bysshoprykes, deanries, colleges, chauntries, free chappels, rectories, guyldes, and fratermties, late appertayning, and belongyng, or appoynting, to and for the fynding of priestes obyttes, lyghtes, or other lyke purpose, came as wel to the handes & possession of the lare noble kyng Edward the sixt brother vnto your maiestie soueraygne Lady, by vertue of an acte of parliament thereof made, or otherwise, as also to the handes and possession of diuerse and sondry other persons, and bodies polytyke and corporate by sondry meanes, conueyaunces, and assuraunces, according to the ordre of y e lawes of this realme: a great nombre, of which sayd late monasteries, priories, nonneries, commaundries, deaneries colleges, hospitalles, prebendes, chauntries, free chappelles, guildes, [Page]and, fraternities, and the mannours, granges, mesuages, landes, tenementes, rentes, reuercions, seruyces, tythes, pentions, portions vicareges, churches, chappeles, aduousons, nominations, patronages, an nuities, and hereditamentes, goodes, and cattels, to the sayd monasteries, pryoryes, nonneryes, commaundries, deaneries, colleges, hospitalles, chauntries, free chappelles, guyldes fraternities, and other ecclestasticall houses, Archebysshoprykes, and Bysshoprykes, belonging as well for great sommes of moneye, as for other good, and reasonable causes and considerations, haue bene conueyed and assured to diuerse the subiectes, and bodyes polytyke of this realme, aswel by the sayd kyng Henrye theyght, the sayd kyng Edward the syxte, and by your hyghnes our soueraygne Ladye, and ioyntely by both your maiesties, as also by diuerse the owners of the sayd ecclesiasticall possessions, whych sayd conueyaunces and assuraunces by their sondrye letters patentes, and other wrytynges more playnelye do and mayappeare. Forasmuche as the sayd most reuerende father hath also bythe sayd dispensations, remoued and taken away al matter of empeachement, trouble, and daunger, whyche by occasion of any generall counsayle, canon, or decree ecclesiasticall myghte touche and disquiete the possessions of such goodes moueable, landes, tenementes, possessions and hereditamentes, as were of late belongyng to anye of the sayd Archebysshoprykes, Bysshoprykes, monasteries, prioryes, nonneries commaundries, deaneryes, colleges, chauntries, prebendes, rectories, hospitalles, houses of fryars, or other religious and ecclesiasticall houses, and places, of what nature, name, kind, or qualitie soeuer they be of. Yet for that the title of allandes, possessions, and hereditamentes in thys your maiesties realme and dominions is grounded in the lawes, statutes, and customes of the same, and by your highe iurisdiction, aucthoritie royall, and crowne imperiall, and in your courtes onlye to be impleaded, ordered, tryed, and iudged, and none otherwyse, and vnderstandyng, that the whole, full, and moste gratious intentes mynd and determination of your most excellent maiesties be, that all, and euery person and persons, bodyes polytyke and corporate, theyr heyres, successours, and assignes, and euery of them, shal haue, kepe, retayne, and enioye all, and euery their estates, ryghtes, possessions, and interestes, that they and euery of them nowe hathe, or hereafter shall haue, of, and in al and euery the mannours, graunges, mesuages landes, tenementes, tithes, pentions, portions, aduousons, nominations, patronages, anuities, rentes, reuercions, seruices, hundredes, wapentakes, liberties, fraunchesis, and other the possessions and hereditamentes of the sayd monesteries, abbeyes, pryoryes, nonneryes commaundries, deaneries colleges, prebendes, hospitales, houses of fryars, chauntries, rectories, vicareges, churches, chappelles, Archebysshoprykes, and Bysshoprykes, and other religious or ecclesiastical [Page xxiii] [...] standing.
And where as by dissolution of monasteries, and other religious houses, certayne paryshe churches and chappels which were before exempte, from the iurisdiction of the Archbyshop, and Byshop of the diocesse, and by speciall exemption and priueledge from Rome, were vnder the gouernement and ordre of the Abbottes, and Pryours of those religions houses, which sayde churches, by colour of the sayde exemptious, be nowe of speciall graunt from Kyng Henry, & Kyng Edwarde, vnder the rule and gouernement, and iurisdiction of temporall and laye men, who can no more enioye, that supremacye, ouer those particuler churches, then the king might ouer the hole realme.
Be it therfore enacted, that all Archbyshoppes, and Byshoppes in their diocesses, and al other spirituall person and persones, hauynge iurisdiction, and their ministers and officers, and no laye persone, or persones in euery Churche and place, within the precinct of y e same, beyng exempt, or not exempte may freely, and without impedimēt, execute their spirituall iurisdictiō in al pointes & articles, as though no suche exemption or graunt had neuer bene made.
Prouided alwaye, and be it enacted, that this acte extende not to take awaye, or diminishe the priuileges of the vniuersities of Cambrydge and Oxforde, ne the priuileges, or prerogatiues graunted heretofore to the churches of Westminster, and Wyndesoure, ne the Cower of London, ne preiudiciall to suche temporall Lordes and possessioners in this realme, as by auncient custome haue enioied probate of Testamentes, of their tenauntes or other.
And forasmuche, as after this reconsiliation, and vnitie of this noble realme, to the body of Christes churche, it is to be trusted, that by the aboundaunce of Goddes mercy, and grace, deuotion shall encrese and growe in the hartes of many Subiectes of this realme, with desire to giue and bestowe their worldly possessiōs, for the resuscitating of almose, prayer, and example of good lyfe in this realme, to thintēt suche godly motions and purposes shoulde be aduaunced.
Be it therfore enacted by the aucthoritie of this present parliamēt that it shalbe lawfull to suche as shalbe seised of any manours, landes, tenementes, personages tythes, pencions, portions, or other hereditamentes, whatsoeuer in fee symple, in possessiō, reuertiō, or remainder, in their owne rightes, not beyng coppy holde, maye therof make feoffamentes, grauntes, or any other assuraunces, or by his laste will and Testament, in wryting, may be queath and geue in fee simple, all and euery the sayd manours, landes, tenementes, personages, tithes pencions, porcions, or other hereditamentes, to any spirituall bodye politike, or corporate in this realme or dominions of the same, nowe erected or founded, or hereafter to be erected or founded, withoute anye lycence of mortmayne therein to be opteyned, or any wrytte of [Page] ad quod dampnum to bee sued out for the same, the actes de terri ad manuni mortuam non ponendis, or any other acte or statute, heretofore had or made in any wise notwithstanding.
Sauyng to the Lordes of the see, all rentes, seruices, dewe, or goyng out of any of the sayde lande or tenementes, or hereditamētes, so to be amortized, as is aforesayd.
Prouided alway, that this clause of this acte, for geuyng the libertie of, or for the amortezing of landes or tenementes, shall continue for, and durynge the space of .xx. yeares nexte, and immediatelye folowinge, and no lenger.
And forasmuche, as we your maiesties humble and obedient subiectes, the lordes spirituall and temporall, and commons in this present Parliament assembled, neither by the makyng, or deliueryng of either the supplications aforesayde, nor by anye clause, article, or sentence therof, or of any other clause article, or sentence of this, or anye other Statute, or any of the preambles of the same, made, or agreed vpon in this session of this present parliament, by any maner of interpretation, construction, implication, or otherwise intende to derogate empaire, or diminishe any of the prerogatiues, liberties, fraunchisies preheminences, or iurisdictions of youre Croune Imperiall of thys realme, and other the dominions to the same belongyng: we do most humbly beseche your maiesties, that it may bee declared, and ordeyned, and be it enacted and declared by aucthoritie of this present parliament, that neither the makyng, exhibityng, or insertinge, in thys present statute, or in the preambles of the same, of the supplications, or promis aforesayd, or either of them, nor any other thinge or thynges, wordes, sentences, clauses or articles in the preambles, or body of the actes aforesayd, shalbe construed, vnderstanded, or expounded, to derogate, diminishe or take awaye any the liberties, priuileges, prerogatiues, preheminences, aucthorities, or iurisdictions, or any part or parcell therof, which were in your Imperial croune of this realme, or dyd belong to your sayd Imperiall croune the twenti yeare of the reigne of yours the Queenes maiesties most noble father, or any other your most noble progenitours, before the sayd twētie yere. And the Popes holinesse, and Sea Apostolike, to be restored, and to haue and enioye such aucthoritie, preheminence, and iurisdiction, as hys holinesse, vsed, and exercised, or might lawfully haue vsed and exercised by aucthoritie of his supremacie, the said twētie yere of the reigne 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 Archebishoppes, Bishoppes, and Ordinaries, to be in the same state, for processe of suites, punishmente of crimes, and execution of censures of the churche, with knowledge of causes belonging to the same, and [Page xxiiii]as large in these poyntes, as the sayd iurisdiction was the sayde .xx. yeare.
Prouided alwayes, and be it enacted by thaucthoritie aforesayde, that in and vpon euery such gyftes and deuyses, to be made to suche spirituall corporacions, or persons, as is aforesayde, the donour, feoffer, or deuisor therof may reserue to hym, and to his heires for euer, a tenure in franke almayne, or a tenure by diuyne seruice: And 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 thyrde (commonlye called) Quia emptores terrarum. The sayde estatute, or any other lawe or custome nowe beyng, to the contrary in any wise notwithstanding.
Prouided alwayes and be it enacted, that all, and euery persone & persones, and bodyes polytyke and corporate, whiche nowe haue or hereafter shall haue any estate of inheritaunce, freholde, terme, or intrest, of, in, or to any portion, pention, tithes, gleblandes, or other ecclesiasticall or spirituall profytte, whyche by this acte, and lettres of dipensation rehearsed in the same, be permytted & suffred to remaine and continue in laye mens possessions, shall & maye haue like remedie for the recouery of the same, and euery parte therof, as they, and euery of them myght haue had before the fyrste day of this present Parliament, Any thing in this act conteyned to the contrary in any wyse notwithstandyng.
¶ An Acte for the punyshment of traiterous wordes against the Queenes maiestie.
¶ The .ix. Chapiter.
EOrasmuch as nowe of late diuerse noughty sedicious malicious, & heretical persons, not hauing the feare of god before their eyes but in a deuillyshe sort, cōtrary to the duetie of their allegiaunce, haue cōgregated thē selues together in cōuenticles, in diuerse & sondry prophaue places within this citie of Lōdon, esteming thē selfes to be in the true faith, where in dede they are in errours & heresies, & out of the true trade of Christes catholike religion, and in the same places at seuerall tymes, vsyng theyr phantasticall and scismaticall seruices, lately taken awaye, and abolyshed by aucthoritie of Parliament, haue of theyr most malycious & cankerde stomakes, prayed agaynst the Queenes maiestie, that God would turne her hert from Idolatry to the true fayth, or ells to shortene her dayes, or take her quickely out of the way: which prayer was neuer hearde nor redde to haue bene vsed by anye good Christian manne, agaynste anye [Page]Prince though he were a pagan, and infidele, and much lesse agaynst any christian Prince, and especially so vertuous a Princes as our soueraygne Lady that nowe is knowen to be, whose faith is, and alwayes hath bene most true and catholique, and consonaunt and agreing with Christes catholique church, throughout the worlde dispersed.
For reformation wherof, be it enacted by thauctoritie of this present parliament, that euery such person and persons, which sence the beginning of this present parliament, haue by expresse wordes and sayinges, prayed, required, or desyred, as is aforesayde, or hereafter shall pray, by expresse wordes or sayinges, that God shoulde shorten her dayes, or take her out of the way (whose lyfe almighty God long preserue) or any suche lyke malicious prayer amounting to the same effect, their procurers and abbettours therin, shalbe taken, reputed, and iudged traytours, and euery such praying, requiringe, or desirynge shalbe iudged, taken, and reputed hygh treason, and the offendours therin, their procurers and abbettours, beyng thereof laufully conuicte, according to the lawes of this realme, shall haue, suffre, and forteyte, as in cases of high treason.
¶ Prouided alway, and be it enacted, that yf any person or persones shall be indicted for any the offences aforesayd, done and perpetrated duryng this session of this present parliament, and vpon his or their arreignement, shal shew him or them selues penitent for their offēce, and submite hym or them selues, to the kynge and Queenes mercy, and humbly desyre the same, before suche Iustices or commissioners, before whome he or they shalbe arraigned, that then no iudgemente of conuiction or attayndour of treason, shalbe gyuen agaynst any such person or persons, so being penitent, and submitting them selues, as is aforesayde. And in euery suche case, the iustices or commissioners, before whom suche person or persons shalbe arrayned, shall haue auctoritie by vertue of this acte, to prescribe, adiudge, and appoynte, suche corporall punishment, other then death, to suche offender and offenders, as to them by their discretion shall seme conuenient, and vpon that penaunce prescribed and done, to be discharged of the said treason, comprised in that inditement.
¶ An acte wherby certayne offences be made treasons, and also for the gouernement of the kynges and queenes Maiesties issue.
¶ The .x. Chapiter.
FOrasmuche as the great mercye and clemencie heretofore declared by the Queenes hyghnesse in releasynge the penall lawes, made by her progenitours, hath gyuen occasion to many cankard and traiterous hartes, to ymagine, practise, and attempt thinges, stirring the people to disobedience and rebellion against her highnes comon pollicy, and duetie of subiectes, require that some lawe be estsones establyshed to restraine the malyce of such wicked and euill doers, wher by they may be prehibited to blowe abroade such shameful slaū ders and lyes, as they daylye inuente and imagine of her hyghnesse, and the kynges maiestie her mooste lawefull husbande, whiche when they bee harde, can not be but odible, and detested of al good men, consyderinge they touche their maiesties, vppon whome dependeth the whole vnitie, and vniuersall welthe of this realme.
In consideration wherof be it ordeyned and enacted by the kynge and the queenes maiesties, with thassente of the lordes spiritual and temporall, and of the commons in this present parliament assembled and by thauctoritie of the same, that if any person or persons after the fyrst day of February next to come during the marryage betwene the king & the queenes maiesties, do compase or ymagine to depriue the kinges maiestie, that nowe is, from the hauinge & inioyinge ioyntly together with the Queenes hyghnes the stile, honoure, and kingly name of the realmes and dominions vnto our sayde soueraygne Lady the queenes highnes appertaynyng, or to destroye the kyng that now is, duryng the sayd matrimonye, or to destroye the queenes maiestie, that nowe is, or the heires of her bodye begotten, beinge kynges or Queenes of this Realme, or to leauye warre within this Realme of England, or within any of the marches of the same, agaynste the kynges maiestie, that now is, duryng the sayde maryage, or ageynste the queenes maiestie, that nowe is, or any of her sayd heyres, beyng kynges or queenes of this Realme, or to depose the queenes maiestie that nowe is, or the heires of her bodye begotten, beynge kynges or queenes of this realme, from the Imperiall crowne of the Realmes and dominions abouesaid. And the same compasses, or imaginations, or any of thē maliciously, aduisedly, and directly, shall or do vtter by open preachyng, expresse wordes, or sayinges or if any person or persons after the said first day of Februarye by preaching expresse wordes or sayinges, shall maliciously, aduisedly, and directly saye, publyshe, declare, maintayne, or holde opinion, that the kynges maiestie, that nowe is, duryng the said matrimony ought not to haue or inioye, ioyntely togither with the queenes maiestie, the style, honoure, and kyngly name of this realme, or that any person or persons, being neyther the kynge or the queenes maiesties that nowe are, durynge the sayde matrimony betwene them, ought to haue or enioye the style, honoure, [Page]and kyngely name of this realme, or that the Queenes maiestie, that now is, duryng her life, is not, or of ryght ought not to be queene of this realme, or after her death, that the heires of her hyghnes body beyng kynges or queenes of this realme, of ryght ought not to be kynges or queenes of this realme, or to haue and enioye y e same, or that any person or persons, other then the queenes maiestie, that nowe is, during her life, ought to be queene of this realme, or after her death other then the heires of her body beyng kynges or queenes of this realme, as longe as any of her sayd heires of her bodye begotten, shalbe in lyfe, of ryght ought to haue and enioye the imperiall crowne of this realme. That then euery such offendour, beyng therof duely conuicted, or attaynted by the lawes of this realme, their abbettours, procurers, and counsellours, and all, and euery theyr comforters, knowynge the sayde offences, or any of theym to bee done, and beynge therof conuycted or attaynted, as is abouesayd, for his or their such offence, shall forfayte and lose to the queenes highnes, her heires and successours, all his and their goodes, and cattels, and the whole yssues and profyttes of his and their landes, tenementes, and other hereditamentes, for terme of the lyfe of euery suche offendoure or offendours, and also shal haue, and suffer, duryng his and their liues perpetuall imprisonment.
Prouided alwaies, and be it enacted by thaucthoritie aforesayd, that all, and euery ecclesiasticall person, beynge conuicted or attainted in fourme aforesaid, for euery such his offence, shalbe depriued by the ordinary from his promotion spirituall or ecclesiasticall, in suche lyke maner and forme; that it shalbe lawfull for euery patrone, founder, or giuer therof, to present, after such depriuation had, some one other to the same, as thoughe the said offendour or offendours were deceassed. And if any person or persons beyng hereafter connycted, or attaynted of any the sayd offences, in fourme aforesayd committed, shal after his or their conniction, or attainder, eftsones committe or perpetrate any of the said offences in fourme aforesaid: That then euery suche seconde offence or offences shalbe demed, and adiudged hyghe treason, and the offendour or offendours therin, theyr abbettoures, proturers and councellours, and al, and euery their aydours, and comforters, knowyng the said offences, or any of them to be done, beyng therof conuicted or attaynted, accordynge to the lawes and statutes of this realme, shalbe iudged, and demed highe traytours, and shall suffer peynes of death, and loose and forfayte al their goodes, and cattels landes, and tenementes, to the queenes maiestie, her heires, and successours, as in cases of high treason, by the lawes of this realme at this day of right ought to be lost and forfeyted.
And be it further enacted by the sayd aucthoritie, y t if any person or persons at any time after the said fyrst day of February next to come, [Page xxvi]duryng the sayde marryage, compasse, or ymagine the death of the kinges maiestie, that nowe is, and the same maliciously, aduysedly and directly shall vtter and attempte by any wrytynge printynge, ouert dede or act, or yf any person or persons at any tyme after the said fyrst day of February next commynge, shal malitiously, aduysedly, and directly, by wrytyng, pryntyng, ouert dede, or act, affirme that the kynges maiestie, that now is, duryng the sayd matrimonie, ought not to haue, or enioy ioyntly togethers with the queenes hyghnes, the style, honoure and kyngly name of this realme, or that any person or persons, beynge neyther the kyng, or the Queenes maiestie, that nowe is, durynge the said matrimonie betwene them ought to haue or enioye the style, honour, and kyngly name of this realme. Or yf any person or persons, after the sayd day, by any wrytyng, pryntyng, ouert dede, or acte, maliciously, aduisedly, and directly, do affirme, that the queenes maiestie that nowe is, duryng her lyfe, is not, or ought not to be queene of this realme, or after her death, that the heyres of her hyghnes body being kynges or queenes of this realme, of right ought not to haue and enioy the Imperiall crowne of this realme, or that anye person or persons other then the queenes maiestie, that nowe is, durynge her lyfe, or after her death, other then the heyres of her body begotten, being kynges or queenes of this realme, as longe as any of her sayde heyres of her body shalbe in lyfe, of ryght ought to haue and enioye the Imperiall crowne of this realme. That then euery suche offence and offences shalbe adiudged hygh treason, & the offēder & offenders therein, theyr abbettours, procurers, & councellers, and al, and euery their aydours, and comforters, knowing the sayd offences, or any of them to be done, beinge therof conuicted, or attaynted by the lawes and statutes of this realme, shalbe demed and adiudged hygh traytours, and shal suffer paynes of death, and loose and forfayt all theyr goodes, and cattels, landes, and tenementes to the Queenes maiestie, her heyres and successours as in cases of hygh treason, as is aboue sayde.
And albeit we the Lordes spirituall and temporall, and the commons in this present parliament assembled, haue firme hope and confidence in the goodnes of Almyghty God, that lyke as he hath hetherto myraculously preserued the queenes maiestie from many great and imminent perils and daungers, euen so he wyll of his infinite goodnes gyue her hyghnes strength, the rather by oure continuall prayers, to passe well the daunger of deliueraunce of chylde, wherewith it hathe pleased hym, (to all our greate comfortes, to blesse her. Yet forasmuche as all thynges of this worlde be vncerteyne, and hauynge before our eyes the dolorous experience of the inconstant gouernemente durynge the tyme of the reigne of the late kynge, Edwarde the syxte, do playnely see the manyfolde inconueniences, greate daungers, and peryls, that may ensue to this hole realme, yf foresyght be not vsed [Page]to preuent euyll chaunces, yf they shulde happen. For the eschewynge wherof, we the Lordes spirituall and temporall, and the commons in this present parliament assembled, for, and in consideration of a most special trust and confidence, that we haue, and repose in the kinges maiestie, for, and concernyng the good and polityke gouernement, ordre, and administration of this realme in the tyme of the yonge yeares of the issue or issues of her maiesties body to be borne, if it shulde please God to call the Quenes highnes out of this present lyfe, duringe the tender yeares of suche issue or issues (which God for bidde) according to suche order and maner, as hereafter in this present acte, his hyghnes most gratious pleasure is shulde be declared and sette forth, haue made our moste humble suite by thassent of the Quenes highnes, that his maiestie would vouchesafe to accepte and take vpon hym the rule, ordre, education, and gouernement of the sayd issue orissues to bee borne, as is aforesayd, vpon which our suite being of his sayd maiestie moste graciously accepted. It hath pleased his highnes not onely to declare, that like as for the fyrst part his maiestie verely trusteth, that almyghtie God (who hath hitherto preserued the queenes maiestie) to giue this realme so good an hope of certeyne successiō in the bluo roial of the same realme, wil assist her highnes with his graces & benedictions, to see the fruite of her body wel brought forth, liue, and able to gouerne, wherof neither al this realme ne al the worlde besides shuld, or coulde receaue more comforte, then his maiestie shulde and woulde. Yet yf such chaunce shulde happen, his maiestie at our humble desires is pleased and contented, not alonely to accepte and take vpon him the cure and charge of the education, rule, ordre, and gouernement of such issues, as of this most happy mariage shalbe borne betwene the queenes highnes and him, but also duryng the tyme of such gouernement, wold by all wayes and meanes study, trauayle, and imploye him selfe to aduaunce the weale, both publique and priuate of this realme, and dominions there vnto belongyng, accordyng to the sayd truste in hys maiestie reposed, with no lesse good wyll and affection, then yf hys hyghnes had byn naturally borne amongest vs.
In consideration wherof beit enacted by the kynge and the queenes most excellent maiesties, by thassent of the Lordes spiritual and temporall, and the commons of this present Parlyament assembled, and by thaucthoritie of the same that if it shal so please God, to call the queenes maiestie out of this present lyfe, whiche god forbidde, before the issue of her bodye, inheritable to the crowne of this realme, yf it be male, shall accomplyshe the age of .xviii yeares, or if it be female, before it shalbe of the age of .xv. yeares, and not maried, after the age of consent, and before the said age of .xv. yeares: That then and immediatly after, and from the deceasse of our sayd Soueraigne Ladye the queene, the kinges maiesty, that now is, shal haue the rule, order, education, [Page xxvii]and gouernemente of the persone of suche issue, or issues, and the rule, ordre, and gouernement (vnder suche issue, or issues) of this realme, and the dominions to the same belongyng, vntill thesame issue, or issues, inheritable to the Imperiall croune of this realme, if it bee male, shall accomplishe the full age of eightene yeres and if it bee female, vntill suche issue female, shall accomplishe the age of fiuetene yeres, and be maried after the age of consent, and before thesaied age of fiuetene yeres, if the saide issue or issues, and oure saide soueraigne Lorde the Kyng, shall so long liue together: and that duryng, and by all the tyme of suche gouernemente, all, and euery the pactes, couenauntes, articles, and agrementes, mencioned and compresed in the treatises, and acte of Parliament, and euery of them made, and concluded, for, and concernynge the honourable mariage, hade and cōsummate, betwene the Kynge and Quenes Maiesties, whiche on the behalfe of his Maiestie, been to be obserued, perfourmed and kepte, shal after the deceasse of the Quenes Maiestie, durynge the tyme of the said gouernement, remain, continue, and be in as good, and full force strength, and effecte, to all intentes, and purposes, as thei were at any tyme, durynge the saied Mariage, or now been, and as if they were newly by apte woordes, termes, and sentences, inserted and rehersed in this presente Act, and newly made and enacted, to stand, remain, continue, and to bee obserued, and kepte, duryng the tyme of the saied gouernemente, and shalbe by his Maiestie, duryng the saied tyme inuiolably obserued perfourmed, mainteined, and vpholden, in suche sorte, and in as full large, and ample maner, to all respectes, as thei shoulde, and ought to be, duryng the tyme of the said marriage, or after: and his highnes, and the Queenes moste excellente Maiestie, are pleased and contented, that it be enacted by this present Parliament that nothinge shalbe doone, permitted, or assented vnto by his Maiestie to the contrary.
And be it further enacted, by the aucthoritie aforesaid, that if any persone or persons, duryng the tyme that our saied soueraigne lorde the Kynge that now is, shall, and ought to haue the ordre, rule, educacion, & gouernement of suche issue, or issues, beynge, Kynge or Quene of this realme, accordynge to the ordre and prouision aforesaied, maliciously, aduisedly, and derectly, by writing, printing, ouerte dede, or acte, dooe compasse, attempte, and go aboute to destroye the persone of our saied soueraigne lorde, or to depriue, or remoue his saied highnesse, from the order rule, educacion, and gouernemente of the same issue, or issues, beynge Kyng or Quene of this realme, contrary to the tenour, entente, and true meaning of this present acte: that then euery suche person or persones so offendynge, their procurers and abettours, beeyng therof lawfully conuicte or attainted by the lawes of this realme, shalbee demed and adiuged high Traitours: And that [Page]all and euery suche offence and offences, shalbe demed and adiuged hyghe treason: And the offendour and offendours therein, their procurers, counsaylours, and abettours, shall incurre the daungers, forfaytures, and penalties of hygh treason.
And be it further enacted by thauctoritie afore sayd, that al trials hereafter to be had, awarded, or made, for any treason, shalbe had, & vsed onely, according to the due order and course of the cōmon lawes of this realme, and not otherwyse: Sauyng to euery persōe and persones, bodyes polytyke and corporate, theirheyres, and successoures other then the offendours, and their heyres, and such persone & persones, as clayme to anye of their vses, al suche rightes, titles, interesses, possessions, leasses, rentes, reuertions, offices, and other profites whiche they, or anye of them shall haue at the daye of the commiting suche treasons, or at any tyme afore, in as large and ample maner, as if this acte had neuer bene had nor made.
Prouided alwayes, and be it declared and enacted by thaucthoritie aforesayd, that conceylement, or kepyng secrete of any hygh treason, be demed and taken onely, misprision of treason, & the offenders therein to forfayte and suffer, as in cases of misprision of treason hath heretofore bene vsed. Any thing aboue mencioned to y e contrarynotwithstanding.
Prouided also, that if 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 this acte, that then the same peares, or peare, so beynge indected, shalbe putte to aunswere vnto euery suche endictement, before the highe stewarde of Englande for the tyme beyng, and to haue his and their triall by his and theyr peares, and to receaue and haue such like iudgement vpon thesame 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 persone or persones shall in any wyse be impeched for any of the offences aboue sayde, committed onely by open preachyng, or wordes, onlesse the offēder or offēders be therof indectedwithin syxe monethes next after the same open preachyng or wordes. Anye thyng conteyned in this acte to the contrary notwithstandyng.
Prouided alwayes, and be it enacted by thaucthoritie aforesayde that vpon thearraygnement of any persone, which hereafter shal for tune to be arraygned for any treason, mentioned in this acte, all, and euery suche person & persones, or two of thē at the least, as shal hereafter wryte, declare, confesse, or depose any thyng or thnges against the person to be arrayned, shall, if they be then lyuing, and within the, realme be brought forth in person before the partie arraygned, if he requyre the same, and obiecte, and saye openly in his hearyng, what [Page xxviii]they or any of them can agaynst him, for, or concernyng any the treasons, contained in the indictement, where vpon the partie shalbe so arraigned, onlesse the partie arraygned for any such treason, shall willyngly confesse the same at the tyme of his or their arraygnement.
Prouided neuerthelesse, and be it enacted by thauctoritie afore said that in all cases of high treason, concernyng coyne curraunt within this realme, or for counterfeyting the Kyng or Queenes signet, prynie seale, great seale, or signe manuell, suche maner of triall, and none other be obserued and kept, as heretofore hath bene vsed by the common lawes of this realme. Any lawe, statute, or any other thynge or thinges to the contrary notwithstanding.
Prouided alwaies, that the councellours, procurers, comforters, and abbettours for his or their first offence shal suffer like punishmēt, penaltie, and forfayture, as is conteyned in this acte against the principall offendours for theyr first offence, and none other. And that the counsellours, procurers, comforters, and abbettours, for his or their seconde offence shall sustayne lyke punyshment, penaltie, & forfaiture as is conteyned in this acte agaynst the principall offendour or offendours for their second offence, and none other.
¶ An Acte for the punishment of bringing in of counterfeyte coyne of forrayne realmes, being curraunt within this realme.
¶ The .xi. Chapiter.
WHere diuerse and sondrye coynes of golde and syluer 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 queene our Soueraigne Lord and Lady, be curraunt in payment within this realine many, yl disposed persones for their owne corrupte lucre & aduaūtage, haue nowe of late brought into this realme, from the parties of beyonde the sea, great quantitie of forged & coū terfeyte money, lyke to the sayd coyne of other forreyne realmes, and haue vttered the same here by marchaundysing, and otherwyse to diuerse of the subiectes of this realme, to their great deceyte, hurte, and dammage, because the sayde yll disposed persones haue perceaued and vnderstanded, that there was not, nor yet is anye sufficiente lawe or statute made or prouided for the condigne punishment of the offendours in that behalfe.
Wherfore be it enacted and established by the aucthoritie of thys presente Parliamente, that yf anye persone or persones, after the xx. daye of Ianuary nexte commynge, shallbryng from the partyes [Page]of beyond the sea into this realme, or into anye the dominions of the same any such false and counterfeyt coyne or money, beyng curraunt within this realme as is aforesayde, knowyng the same coyne or money to be false and counterfeyte, to thintent to vtter, or make paymēt with the same within this realme, or any the dominions of the same, by marchaundysing, or otherwise, that all, and euery suche person or persons so offendyng, as is aforesayde, their counsaylours, procurours, aydours, and abbettors in that behalfe, shalbe demed and iudged to be offendours in highe treason, and shall suffer after lawefull conuiction or atteynder therof, suche paynes of death, losse and forfaiture of landes, goodes, and cattelles, as other offendours shall do, in cases of highe treason.
And be it further enacted by the aucthoritie aforesayd, that al, and euery person and persones, that shall at any tyme after the sayde .xx. day of Ianuary, be accused or impeched of any of the offences, conteined and prouided for in this estatute, or of any other offence or offences, concernyng the impayryng, counterfeytyng, or forgyng of anye coyne curraunte within this realme, shall, and maye be endicted, arreyned, tryed, conuicted, or atteynted by such like euidence, and in suche maner and forme, as hath bene vsed & accustomed within thys realme, at any tyme before the first yeare of the raigne of our late soueraigne lorde kyng Edwarde the sixt. Any statute, custome, lawe, or vsage to the contrary therof in any wise, notwithstanding.
¶ An Acte for the impounding of distresses.
¶ The .xii. Chapiter.
FOr the auoydinge of greuous vexations, exactions, troubles, and disorder in takyng of distresses, and impounding of cattel, be it enacted by aucthoritie of this present Parliamēt, that from, and after y e first dai of Apryl next cōming, no distresse of cattell shalbe driuen out of the hūdred, rape, wapentake, or lath, where such distresse is, or shalbe taken, except it be to a pounde, ouerte within the sayd shire, not aboue three myles distaūt, from the place where the said distresse is, taken, and that no cattel, or other goodes distreined, or taken by waye of distresse, for any maner of cause, at one time shalbe impounded in seuerall places, wherby the owner or owners of such distresse shalbe constrayned to sue seuerall repleuis for the deliuerie of the sayd distresse, so taken at one tyme, vpon payne euery person, offending contrary to this acte, shal forfeyte to the partie greued for euery such offence a hundred shillinges, and treble damages.
And further be it enacted by thaucthoritie aforesayde, that after [Page xxix]the sayd fyrst day of Apryl, no person or persons shal take for kepyng in pounde, impoundyng, or poundage of any maner of distresse, aboue the somme of .iiii. pence for any one whole distresse, y t shalbe so impounded, and where lesse hath ben vsed there to take lesse, vpon the payne of fyue pounde to be payd to the party greued, ouer and besides suche money as he shall take, aboue the somme of foure pence. Any vsage or prescription to the contrary in any wyse notwithstandynge.
And for the more spedier deliuerye of cattell, taken by waye of distresse, it is further enacted by the sayd aucthoritie, that euerye Shiriffe of shires, being no cities, nor townes made shyres, shal at his first countie daye, or within two monethes nexte after he hath receaued his patent of his office of shirifwike, shall depute, appoynte, and proclayme in the shyre towne within his baylywike, four deputies at the least, dwellyng not aboue twelue myles, one dystaunt from another, which sayd deputies so appoynted and proclaymed, shall haue auctoritie in the sheriffes name to make repleuies, and deliueraunce of such distresses, in such maner and forme, as the sheriffe may, or ought to do vpon payne 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 which forfaytures shalbe to the kynge and Quenes highnes, her heyres and successours, the other halfe to him that wil sue for the same by bil, playnt, information, or action of debt, in any the kyng and quenes courtes of recorde, in which no essoygne protection, nor wager of lawe shalbe admitted.
¶ An Acte appoynting in order to iustices of peace, touchynge the baylement of prisoners.
¶ The .xiii. Chapiter.
WHere in the parliament holden at Westminster, in the .iii. yeare of the reigne of the noble prynce, kyng Henrye the seuenth, it was among other thinges ordeyned and enacted, that no prisoner arrested for felonie, should be letten to bayle or maynepryce, by anye one Iustice of peace, but by the hole Iustices, or at least by two of thē, wherof one to be of the Quorum, Synce the makyng of which estatute, one Iustice of peace, in the name of him selfe and one other of the Iustices his compagnion not makyng the sayd Iustice partie nor priuie vnto the case, wherefore the prisoner should be bayled, hath often tymes by sinister labor, and meanes, set at large the greatest, and notablest offenders, suche as be not repleuisably by the lawes of this realme, and yet the rather to hyde their affections in that behalfe, haue signified the cause of theyr apprehension to be put onely for suspition of felony, wherby the [Page]sayd offendours hath escaped vnpunyshed, and do dayly, to the high displeasure of almightie God, the great peryll of the kynge and Quenes true subiectes, and encoragement of all theues and euill doers.
For reformation wherof, be it ordeyned and enacted by the kyng and Queenes maiesties, the lordes spirituall and temporall, and the commons in this present parliament assembled, and by aucthoritie of the same, that from, and after the fyrst day of Apryll nexe commyng, no Iustice or Iustices of peace, shall lette to bayle or mainepryce, anye such person or persones, which for any offence or offences, by theym, or any of them committed, be declared not to be replenised or bayled, or be forbidden to be repleued, or bayled, by the estatute of Westmin. prymer, made in the parliamente, holden in the thyrde yeare of the reygne of kynge Edwarde the first. And furthermore, that any person or persones arrested for manstaughter or felonie, or suspection of manslaughter or selonie, beyng bayleable by the lawe, shall not after the sayde fyrste day of Apryli, be lette to bayle or maynpryse, by anye Iustices of peace, if it be not in open Sessions, except it be by 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 baylment or main pryce, which baylement or mainpryce they shall certefye in wrytinge, subscribed, or sygned with theyr owne handes, at the nexte generall goale deliuery, to be holden within the countie, where the saide person or persons shalbe arrested or suspected. And that the sayde Iustices, or one of them being of the Quorum when any suche prysoner is brought before them, for anye manslaughter or felonye, before anye baylement or maynepryse, shall take the examination of the sayd prisoner, and information of them that brynges him, of the facte, and circumstaunces therof, and the same, or asmuth therof, as shalbe materiall to proue the felonye, shall put in wrytinge before they make the same baylement, whiche sayd examination together, with the sayde baylement, the sayd Iustices shal certifye at the next generall goale delyuerye, to be holden within the limittes of theyr commission, and that euery Coroner, vpon any inquisition before hym founde, wherby any person or persons shalbe indicted for murder, or māssaughter, or as accessary, or accessaries to the same, before the muther or manslaughter committed, shall put in writinge the effecte of the euidence, geuen to the Iurye before hym, beyng materiall, and afwell the said Iustices, as the sayd Coroner, shall haue aucthoritie by thys acte, to binde al such by recongnisaunce, or obligation, as do beclare any thing materiall, to proue the sayd murder or manfiaughter, offences, or fellonies, or to be accessary, or accessaries to the same, as is aforesayd to appeare at the next genarall goale deliuerye, to be holden within the Countie, citie, or towne corporate, where the triall therof shalbe, then and there to geue euidence agaynst the partie so indicted, at the tyme [Page xxx]of his triall, and shall certifye aswell the same euydence, as such bond and bondes in wryting, as he shall 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 of gaole deliuery shall thynke mete, and shall estrte the same as other fynes and amerciamentes assessed before Iustices of gaole deliuery ought to be.
Prouided alwaies, and be it further enacted by thauctoritie afore said, that Iustices of peace, and Coroners within the citie of London and the countie of Middelsex, and in other cities, boroughes, & townes corporate within this realme, and Wales, shall within theyr seuerall iurisdictions, haue aucthoritie to let to Bayle, fellous and prysoners, in such maner and fourme as they haue bene heretofore accusiomed, this acte or any thing therein conteined, to the contrarye notwithstanding. And also shall take examinations, and bondes, as is aforesayd, vpon euery baylement by them or any of them to be made, and shall certifye euery such baylementes bondes, and examinations by them or any of them, taken or made at the next gaole delyuerye to be holden within the shyre, citie, borough, or towne, where theyr seuerall iurisdictions extendeth, vpon lyke payne and forfayture, as is before lymitted in this present acte.
And be it also enacted by the aucthoritie aforesaid, that no writtes of Habeas corpus, or Certiorary, shalbe hereafter graunted, to remoue anye prysoner out of any gaole, or to remoue anye recognisaunce, excepte the same writtes be signed with the propre handes of the chiefe Iustice, or in his absence, one of the Iustices of the courte, out of whiche the same writtes shalbe awarded, or made, vpon payne that he that writeth any suche wryttes, not beyng sygned as is aforesayd, to forfayte to our sayd soueraygne lorde the kyng and the quene, for euery such wrytte and wryttes, fyue poundes.
¶ An acte for the makyng of russels sattens, sattens reuerses, and fustian of Naples in Norwiche.
¶ The .xiiii. Chapter.
WHere of late yeares passed, Russels called Russels Sattens, and Sattens reuerses, haue bene practised to be made beyond the seas of the wolles, bredde in the countie of Norfolke, and by reason therof, so great quantite of the sayde Russels Sattens, and Sattens Reuerses haue ben brought into this realme, sold, & worne aswell in euery parte of this realme, as in the partes beyonde the seas, that thereby the mysteries of Worstedes makynge, and weuyng, whereby marchauntes, and inhabitauntes of the citie of Norwiche, haue heretofore ben well maynteyned and relieued, is now at this present almoost wholy decayed and brought out of estimation, and very lyttle worne, either within this realme, or in any other forreine realms, to the greate hynderaunce, and decay of the sayde citie, and Citezins of the same citie. For remedye wherof Thomas Marsham Maiour of the citie of Norwyche, Iohn Corbet Esquier, Austen Stewarde, Robert Leche, Robert Rugge, Iohn Ball, and Alexander Mather Aldermen of the sayd citie. Thomas Whall, Thomas Pecke, Raphe Marsham, Robert Henry, Iohn Sutton, Rycharde Tomson, Citezins, and marchauntes of the sayd Citie, at theyr 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 eyght 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, Simon Petit, Iohn Marshal, Roger Lecke Edmond Barker, and Edmonde Selers, beynge the number of .xxi persons, which haue not only made Russels Sattens, and Sattens Reuerses, and fustian of Naples within the sayd citie of Norwich of Norfolke wolles, but also haue learned and taughte other citezins & inhabitauntes of the sayd citie to make the same, in such good and perfect maner, that muche better Russels Sattens, Sattens reuerses, and fustian of Naples, and such lyke, and for easyer prices, be nowe at this present wrought and made within the said citie, then heretofore hath ben, or nowe be made in anye of the parties beyonde the seas, wherby the sayd citie and inhabitauntes therof, maye, and be lyke agayne to be relieued and brought to theyr olde estate, to the great aduauncement of the commodities of this realme, and enrychynge the same, yf some good and polytyke lawes and ordinaunces were made for the good continuance of the true makynge of the sayde Russelles Sattens, Sattens Reuerses, and fustian of Naples, and suche lyke.
In consideration whereof be it enacted by the assente of the kynge and queenes hyghnes, the Lordes spirituall and temporall, and the commons of this present Parliament assembled, and by thauctoritie [Page xxxi]of the same, that the said russels, sattens and sattens reuerses, and fustian of Naples hereafter to be made onely within the sayd citie, may from hence forth bere the name, and he called by the name of Norwiche sattens and Norwich fussians, and that the Maior and the afore mentioned citezens of the same citie, which before this time hath ben at the costes and charges of the bringing of the sayd straungers into the same citie, for the making of the said russels sattens, sattens reuerses, and fustians of Naples, and such the afore mentioned eyght persons, that they haue called vnto them, shalbe a felowshyp of thē selfes, and shal yearely the thyrde day of February choose of their felowes, foure wardeynes within the Guylde hall of the said citie, or anye other commō and conuenient place in the same citie, and the same wardeynes so being choosen, shall stand, and be wardens of the same felowshyp, duryng one whole yeare, next ensuing the said election & y t the same wardeynes after the sayd election, shal come before the Maior of the sayd citie for the tyme being, yearely the monday next after the saide third day of Februarye, and before the sayde. Maior shalbe sworne diligently to viewe search, and see all the russels sattens, sattens reuerses, and fustians of Naples, then made or that shalbe made within the sayd citie, duryng the saide yeare. And suche of the sayde russels sattens, sattens reuerses, & fustian of Napels, as shal appeare and be demed by them to be lawfully truly & workemanly wrought shall seale with a seale of leade, bearyng the armes of the citie of Norwhich, 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 aucthoritie aforesaid, that the saide wardeynes and felowshyp shalbe a body corporate, and to be named and be inabled bi this acte to sue, and be sued and to gyue, and to take by the name of wardeynes, and felowshyppe of the mysterye of russels sattens, sattens reuerses, and fustian of Norwiche making within the sayd citie of Norwich. And yf any defaulte at any tyme shalbe founde in any of the sayd russels sattens, sattens reuerses, & fustian of Norwiche, or in any of them by the said wardeynes, that the same defauite shalbe reformed and the offendour or offendours therin to be punyshed, according to such rules and ordinaunces, as hereafter from time to tyme shalbe made within y e said citie by the Maior of the said citie for the time being, and by the sayde foure wardeynes, and the felowshyppe of the sayde occcpation or mystery, 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 said citie of Norwich for the ryme beynge, by the othes of twelue honeste menne of the foresayde felowshyppe. And that the sayde foure wardeynes so choosen and sworne, shall haue ful power & aucthoritie, to do execute, [Page]present, and reforme all, and singuler thyng and thinges, of, for, and concernyng the sayd mistery, makynge, workynge, and occupieng of the sayd russels sattens, satins reuerses, & fustian of Norwich wythin the sayd citie, in suche maner and forme, as in, or by the sayde ordynances shalbe expressed and declared, and that at al tymes hereafter, and from tyme to tyme, it shalbe lawfull to the Maior of the sayd cite for the tyme being, and to the before named felowship and wardeyns of the same mistery, and the more part of them, & to their successours, to make and ordayne from tyme to tyme, rules, lawes, & ordinaunces mete and necessarye for the good ordre & gouernaunce of the said mistery, and for the true and wel makyng of the said russels sattens, sattens reuerses, and fustian of Norwiche, and the same ordinaunces so made, to be at al times obeyed by al thinhabitaunce of the said citie, or suburbes of the same, and to be put in due executiō by y e said maior and wardeyns, and their successers for the tyme being, in such maner and forme, as by y e same ordinaunce shalbe ordeined and declared. And y t such as nowe be, and y t hereafter shalbe makers of the said russels sattens, sattens reuerses, and fustiā of Norwich, and euery of thē within the said citie, shall not frō henceforth occupye y e said misterye, and makyng of y e sayd russels sattēs, sattens reuerses, and fustian of Norwiche, nor of any of them within the sayd citie, by thē selues, or by any other, before he or they so occupying the sayd misterye within the sayd citie, be made free of the sayd citie, and admitted to be of the said felow ship by y e Maior of the sayd citie, and wardeines and felowshyp of the sayd mistery for the time being. And that no person do occupie by him selfe, or any other for him out of the sayd citie, the sayd mistery of making of russels sattens, sattens reuerses, and fustians of Naples, or of any of them, before he or they so occupieng the same, haue ben prētice to the sayd misterye by the terme of seuen yeares, or els admytted by the said Maior and felowship, or y e more parte of them, vpon payne of forfaiture of y e same russels sattēs, sattens reuerses, and fustiā of Nor wiche by thē, or any of thē to be made contrary to y e forme of this act.
Prouided alwayes, and be it enacted by thauctoritie aforesaid, that the said Maior and wardeynes for the time being, shall not take anye somme of monye, or reward to their owne proper vses, for the admitting of any person or persons to occupy the sayd mystery, vpon payne of forfayture of treble the value of the reward, or somme of mony, so by them or any of them to be taken.
Prouided also, that it shalbe lauful to the saide wardeynes, and to euery of them for y e time being, by all waies and meanes, & at all lawful times, diligētly from time to time, to make search by dew and ordinary wayes, for al maner of the said russels sattens, sattens renerses and fustian of Norwiche, that shall happen to be founde by them defectyue, for lacke of good and true workemanship. And that it shalbe lavofull [Page xxxii]to the sayd wardeynes & euery of them 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 and taken, to the Maior of y e said citie for the time being, & vnto his successors, to thintent that twelue honest, lawful, and experte men of y e said mysterie, & felowship being sworne before the said Maior, may by vertue of their othes, make inquirie, and present the maner of the sayde defaultes before the said Maior, for the time being accordinge to such good and holsome ordinances & rules, as shalbe ordeined and made for the conseruation & good continuaunce of the sayd 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 saide misterie, or making of the said russels sattens, sattens reuerses, & fustians of Norwiche, or any of them, contrary to the forme, tenour, playne meaning, & intent of this acte, and of the rules and ordinaunces, that at any time hereafter by aucthoritie of this acte shalbe ordeyned & made for y e continuaunce of the true & perfect making of the sayd russels sattens, sattens reuerses & fustian of Norwiche, shal for feyte and loose for euery tyme so offending, or making any russels sattens, sattens reuerses, & fustian of Norwiche, contrarie to the meaning, tenour & effecte of the said acte, rules, and ordinaunces, concerning the same, such fines, amerciamentes, & paines as shalbe adiudged, assessed, and affered by twelue experte men of the said felowshype vpon their othes, the same twelue persons to be sworne before the sayd Maior & wardeynes to enquire and make true verdicte, & presentment of such defaultes, the one halfe of al which forfeyture to be to y e Maior of the said citie for y e time being, & his suceessors, and thother moitie to the said wardeins for the time being, & their successours, by action of dette, bil, playnt, or information in any courte of record, in which action, bil, plaint, or information no wager of lawe, protection, inuencion, or forren Ple, shalbe allowed. And in case it shall fortune hereafter, y t any of the said russels sattens, sattens reuerses, & fustian of Norwich shall lacke of such lēg thes & bredes, or of the true & ensuing making or sorting of y e yarne as shalbe appoynted, & set furth by the sayd rules & ordinaunces, and the same so to be found defectiue by verdicte of twelue men of y e sayd feloshyp before the sayd Maior & wardeins & their successors: That then 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 the said 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 cicie for the tyme being, & to his sucressours, and thother moytie to the wardeynes of the sayd felowshype for the tyme beynge, and to their successours.
Prouided alwayes and be it further enacted by thauctoritie aforesayd, that yf any wardeyne or wardeynes for the time being, of y e said mistery or occupation of makyng of russels sattens, sattens reuerses, & fustian of Naples, shall at any time hereafter seale, or cause to be sealed any russels sattens, sattens reuerses, or fustians of Naples, y t shal not be well sufficient, and truly wrought, and made, according to the true intent, and meanyng of this present act, shall forfeyte & loose for euery peece so sealed, being not wel, sufficient, and truly wrought and made, the whole value of euery such pece so sealed, thone halfe of whiche forfaytures to be to the kyng and Queenes maiesties, her heires and successours, and thother moytie therof to be to such person & persons, as shall sue for the same by bill, action, or information, in anye of the kynges courtes of recorde, in which bil, action, or information no essoygne, prorection, or wager of lawe shalbe allowed.
¶ An acte to confirme the liberties of the Lord Marchers in Wales.
¶ The .xv. Chapter.
HVmbly besechen your excellent maiesties, your true & faythful Subiectes, the Lordes marchers both spirituall and temporal, within your hyghnesse dominiō of wales, that where as in a parliament holden at West. the .xxvii. yeare of the reygne of king Henry theight, father vnto you our naturall Soueraigne Ladye, amonges other thynges, one act was made & established for lawes and iustice to be ministred in the sayd dominion of wales, in lyke forme as it is in this realme of Englande, in the which acte, one article is, y t for that the lordes Marchers before y t perliament, had vsed to put their tenauntes within their lordshippes Marchers, vnder common main pryce & suertie of apparaunce, and haue had the forfeytures thereof, which for euer, from, & after the feast of all sayntes, then next ensuing the said parliament, should vtterly cease, and be determined. It was enacted, that after the said feast of all sayntes, euery lay, & temporall person, then beyng a lorde marcher, should haue the moytie or halfe of euery forfeyture of al and euery common mainprice, recognisauce for the peace or apparance, sorfeited by any of their tenauntes, inhabitīg within any of theyr lordships Marchers, and they to be paied y e same moytie or halfe, by the handes of the shryffe of euery of the counties where such forfeyture shalbe, yf the shiriffe can leuie the same, and the same shyryffe to accompt to our sayde late Soueraygne lord y e kyng for the other halfe or moitie, in such excheaker, as they be accomtant. And further it was enacted by thaucthoritie aforesayd, that all, and euery lay, & temporal person or persons, then being lordes marchers, and hauing any lordshipes marchers, or lordshipes royals, shuld frō, and after the sayd feast of al saintes, haue al such myses and profytes [Page xxxii]of theyr tenantes, as they haue had or vsed to haue, at the fyrst entry into their landes in times past. And also shuld haue, hold, & kepe, with in the precinct of their lordshyppes, courres baron, courtes lete, and lawdayes, and al and euery thing to the sayd courtes belonging, and also shuld haue within the precinct of theyr said lordships, or lawdaye wayf, strayf, infangechefe, outfangethefe, treasure trouie, deodandes goodes, and cattels of fellons, & of persons condempned, or outlawed offellony or murther, put in exigent for fellony or murther, and also wrecke demer, wharfage, and customes of straungers, as they haue had in tyme past, as though such priuileges were graunted vnto thē by poynt of charter, any thyng in that acte to the contrary notwithstanding, as in y e sayd act of parliament more at large it may appeare.
And forasmuch as Byshops, and other ecclesiastical persons, beyng lordes marchers, hauing the lyke liberties, casualties, profittes, & cō modities within theyr lordships marchers, and lordships royal, with in the said dominion, or principalitie of Wales, were not prouided for by the expresse letter of the sayd Statute, in like sorte, as the lay and temporall lordes marchers were: but rather of purpose, as it should seme forgotten, and left out of the sayde Acte, agaynst all reason, and good equitie: And forasmuch also, as the heires andsuccessours of the lay & temporal lordes marchers, then beyng, were not prouided for, by the limitation, and expresse wordes of the sayd act, aswel as theyr auncesters, & predecessers were, as reason wold they shuld haue ben.
It may please your maiesties of your moste gratious fauoureand benignitie, at the humble suit, and supplication of your sayd faythful subiectes, the lordes marchers that now are, in the sayd dommion of Wales, both spiritual and temporal, to graunt that it may by thassēt of the lordes spiritual and temporal, and the commons in this present parliament assembled, be ordeyned, established, and enacted, by thaucthoritie of this present parliament, that aswel your said spiritual, & ecclesiastical subiectes, lordes marchers, now hauing lordshippes marchers, or lorshyps royall in Wales aforesaid, and theyr successours, & the successours of euery of them, as also the heyres and successoures of the lordes temporal marchers, that then were, or nowe be, and the heyres and successours of euery of them, being or which herafter shal be, lordes marchers, within theyr lordships marchers, and lordships royals, in the dominion, or principalitie of Wales, shal haue, and enioy to them, & to theyr heires, & successers, respectiuely, and seuerally for euer, the moyty & half of euery forfayture, of al & euery cōmon mainprice, recognifāce for the peace, or apparance forfeyted by any of their tenātes, inhabiting within any of theyr lorships marchers, or lorships royal, & they to be payed the same moyty or halfe, by the hands of the shyryffe of the countie, for the time being, after such fourme & forte, as the sayd lay or temporal lordes marchers haue ben, or ought to haue [Page]ben payed the same, by force of the sayde Statute.
And further, shall haue al such mises, & profits of theyr tenauntes, as the lordes marchers, spirituall or temporall, respectiuely, or seuerally had or vsed to haue at their fyrst entry into their landes in times past before the makyng of the said act or statute. And also shal haue, hold, & kepe within the precincte of theyr said lordships, al such courtes baron courtes lete, & lawdayes, & al and euery thing and thinges, to y e same courtes belonging, & also shall haue within the precinct of their sayde seuerall lordeshyps, or lawdayes, al such wayf strayf, infangthefe, out fangthefe, treasure trouis, deodandes, goodes, & cattels of fellons, & of persons condempned or outlawed of felonie or murther, put in exigent for felony or murther, and also al such wrecke demer, wharfage and customes of straungers, as the lordes Marchers, spiritualll and temporal, respectiuely, and seuerally had and vsed in times past, before the makyng of the sayde Statute.
¶ An acte for the continuaunce of certayne statutes. Cap. xvi.
WHere in the parliament begon & holden at London the .iii day of Nouember, in the .xxi. yeare of the reygne of oure most dread soueraigne lord of most famous memory, king Henry theyght, & from thens adiourned to Westm. and there holden, & cōtinuēd by diuers prorogations, vnto y e dissolution therof, one act was made and established, for the restraint of cariage & conueying of horses, and mares out of this realme & also one other acte was there made, for the true wyndyng of wolles, and one other acte was there made, to restraine killing of wainlinges, bullockes, stieres, & heyfers, being vnder thage of .ii. yeares which sayd seueral actes were then made to endure & continue to the next parliament, as by the said seuerall actes shore plainly appeareth. And wher also in the same parliament, one other act was made & established, for attaintes to be sued, for the punyshment of periury, vpon vntrue verdites, which actes last before rehearsed, were then made & ordeined, to continue & endure to the last day of the next parliamēt, as bi y e same act more playnly at large is shewed & may appeare. And wher also in the parliament begon & holden at Westm. theight day of Iune, in the xxviii. yeare of the reygne of our sayd most drad souereigne lord king Henry theight, & there continued and kept, vntil the dissolutiō therof it was ordeyned & enacted, that all & singuler the said actes aboue remembred, & euery of them, should continue & endure in their sorce & strength, & also be obserued & kept vntyl the last day of the next parliament, as by the same act amonges other thinges, therin conteined more playnely appeareth. And where also in the parliament begon & holden at West. the .xxviii. day of Aprill in the .xxxi. yeare of y e reigne of our said late most dread soueraigne Lord, king Henry theight, and [Page xxxiiii]there continued vntyl the .xxviiii. day of Iune then next folowing, it was ordeyned and enacted by thauctoritie of the same parliamēt y t al & singuler the sayd seuerall actes aboue remembred & euery of thē, & al clauses, articles, & prouisions in them, & euery of them contayned, shuld continue & endure in their force & strēgth, and also be obserued & kept vntyl the last day of the next parliament, as by the same act amonges other thinges therin contayned, more playnely appeareth. And where in the parliament holden at Westm. in the .xxxv. yeare of the reigne of our sayde late soueraygne lord kyng Henry theight, one act was made for the preseruatiō of woods, to endure for .vii. yeares then next folowing, & from thence to thend of the next parliamēt, as by the same act more playnly doth & may appeare. And where also at the parliament holden at West. in the xxxvii. yeare of the reigne of y e said, king Henry theight, & ther continued and kept vntil y e dissolutiō therof it was ordeyned & enacted, y t al & singuler the said actes aboue mentioned, & euery of them excepte the sayd act made for y e preseruation of woods, as is aforesaid, shuld continue & endure in their force & strength, & also to be obserued & kept, vntil the last day of the next parliament then folowing, as vi the same act amonges other things ther in conteined more playnely appereth. And wher also at the session of the parliament, ended at West. in the .xiiii. day of March, in the third yeare of the reygne of our souereigne Lord kyng Edwarde the .vi. one acte was made for the true currying of leather, whiche acte was made to endure to thend of the next parliament, as by the same acte more playnely appeareth. And where also at the session of a parliament ended at Westm. the first day of February, in the fourth yeare of the reygne of our sayd late soueraygne Lord king Edward the .vi one act was then & there made, concerning the buying of rother beastes. And also one other act was then & there made touchyng the buying & selling of butter & chese, which sayd seuerall actes were then & there made, to endure and continue, to thend 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 soueraigne lord, one other acte was then and there made, against regratours and forstallers, to endure to thend of the next parliament, which al & singuler the said actes aboue mentioned together, with y e said act concerning the preseruation of woods, at a parliament holdē at Westm. the fyrst day of March, in the .vii. yeare of the raygne of our sayd soueraygne Lord kyng Edward the .vi. & there continued and dissolued the last day of the same moneth of Marh, & al clauses articles & prouisions in thē, & euery of them conteyned were there reuiued & continued, to stande in their force & strength, vntil the last dai 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 act was there made & established against vnlawful & rebellious assēbles, to endure to thend of y e next parliamēt as by y e same act more plainli doth, & mai appeare. And where also at y e same session of parliamēt, last before mētioned, al & singuler y e actes aboue mentioned, & before that time cōtinued at sū dry parliaments, as is aforesayde, & clauses, articles, & prouisions in them, & euery of them conteined, were ther reuiued, and continued to stand in their force & strength, vnto the last day of the next parliamēt.
Forasmuch as al & singuler the said seuerall actes aboue mentioned, be good & beneficial for the cōmō welth of this realme. Be it therefore enacted, ordeined, & established by y e king & quene our soueraygn lord & lady, with thassent of the lordes spirituall & tēporall, & the commōs in this present parliament assēbled, & by thauctoritie of the same, that al & singuler the sayd seuerall actes and estatutes aboue mentioned, & rehearsed, & euery of thē, and al clauses articles, & prouisions in them & euery of thē 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 parliamēt.
¶ An acte touchinge leases hereafter to be made by certayne spirituall persons. Cap. xvii.
WHere in the parliament begon & holden at West. the eight day of Iune, in y e .xxviii. year of the raigne of our late king of famous memory Henry theight, & there cōtinued & kept vntil y e dissolution of y e same parliamet, the .xviii. day of Iune next folowing, one acte intituled, an act for restitution of the fyrste fruites in the tyme of vacation, to the next incūbent, was had & made, wherin are certayn clauses for leases then made, & to be made bi spiritual & ecclesiastical persons, to endure, & be in force for terme of .vi. ye ares if y e incūbentes did resigne their said spiritual promotiōs, or if y e same shuld otherwise become void by thouli act of the same thincūbentes, as by y e same act more at large may appeare. To thintent the persons and vicars and others, hauing cure of soules, may the better attende, and be the more vigilaunt in their ministery and function.
Be it enacted by the king our soueraigne lord, & the quene our soueraygne lady with thassentes of y e lordes spiritual & tēporal, & the commons in this present parliamēt assembled, & by thauctoritie of y e same y t asmuch of the same act, as doth concerne the makyng good of y e said leases, ne any clause, sentence, prouision, or article therin conteined shal extend, or be construed, or adiudged to extende to any lease, that shalbe made by any persō, vicar or any other hauing any spiritual promotion, after the feast of the purification of our Lady next cōminge.
Excusum Londini in aedibus Iohannis Cawodi, Tipographi Regiae Maiestatis.
Anno. M.D.LV.