Anno primo etsecūdo Philippi & Mariae. Actes made at a Parliament begon and holden at Westminster, the .xii day of Nouēber, in the fyrst and second year of the reigne of our soueraigne Lorde and Lady, Philippe and Marye by the grace of God, kinge and Quene of England, Fraunce Naples Ierusalem, and Irelande, defendours of the faith, princes of Spayne & Sicile, Archdukes of Austria, Dukes of Millaine, Burgondie and Brabant, counties of Haspurge Flaunders, and Tyrol, and there continued and kepte vntyll the dissolution of the same, beinge the .xvi. days of Ianuary then next ensuing, were enacted as foloweth.
Cum priuilegio Regiae Maiestatis.
The Table,
- AN act touchinge letters patentes▪ and other wrytynges to be signed by the Quenes Maiestie. Ca. i.
- An act for the reformation of excesse in apparel. Ca. ii
- An acte against seditious wordes and rumours. Cap. iii.
- An act for the punishment of certayne persons callynge them selues Egiptians. Cap. iiii.
- An acte to restrayne carying of corne, victuals, and woode, ouer the Sea. Cap. v.
- An acte for the reniuing of three statutes, made for the punyshment of heresyes. Cap. vi.
- An act that personnes dwellyng in the countrey shal not sell dyuers wares in cyties and townes corporate by retayle. Cap. vii.
- An act repealing al statutes, articles, and prouisions, made agaynste the sea apostolyke of Rome, synce the twenty yeare of kynge Henrye theyght, and also for the establishemēt of al spyrytual, & ecclesiasticall possessions, and hereditamentes conueyed to the laytye. Cap. viii.
- An acte for the punyshment of trayterous wordes agaynst the quenes maiestie. Cap. ix
- An acte wherby certaine offences be made treasons, and also for the gouernement of the kinges and Quenes Maiesties issue. Cap. x
- An acte for the punishmente of bunginge in of counterfeyte coyne of forrayne realmes, being curraunte within this realme, Ca. xi
- An acte touchinge the impoundinge of distresses. Ca. xii.
- An act appoyntynge in order to Iustices of peace, touching the vail ment of prysoners. Cap. xiii.
- An act for the making of russels satens, sattens reuerses, and fustian of Naples in Norwyche. Cap. xiiii.
- An acte to confyrme the liberties of the lorde Marchers in Wales. Cap. xv.
- An act for the continuaunce of certayne statutes. Cap. xvi
- An act touchyng leases hereafter to be made by certayne spyrytuall persons. Cap. xvii
An acte touchynge letters patentes and other wrytynges to besigned by the Quenes Maiestie.
The fyrst Chapter.
WHere in the Parliamente begonne and holden at Westminster, the second day of Apryll, in the fyrste yeare of the reigne of oure mooste dreade and gratious Souetaygne Ladye the Queenes Maiestye, & there continued and kept til the dissolution of the same being the fift day of Maye, then next folowinge, one acte was made touching tharticles of her highnes most noble mariage. In ye which acte amongeste other thinges it was enacted, ordred, & established by the auctority of the said parliament that all and singuler giftes, grauntes, letters patentes, exchanges, cō firmations, leases, & other writinges, whiche after the said mariage and during the same shoulde passe and be made, of any benefices, offices, landes, reuenues and fruites, or of any of them, shoulde be intite led and made in the names of our Soueraigne Lord the king, and of her most excellent highnes, whether his Maiestye shoulde be present within the realmes and dominions of her hyghnes, or wtin any of them, or absent. And that the same giftes, grauntes, letters patentes, eschaunges, confirmations, leases, and other writinges, so sette forth and made, shoulde be sealed, and firmed with the signe manuel of her highnes, and the same so signed & sealed with the greate seale of this realme or with such seal as hath ben accustomed, should be by thauctoritie of the said parliament, demed, adiudged, declared, and pronounced, to be as good perfect, and of like force, strength, & effecte in the lawe, to all intentes, constructions, and purposes, agaynst our sayd Soueraigne Lorde and Lady, the king and the Queenes malestyes, and her hyghnes heires and successours, as yf her mayestye had ben at the tyme of the making thereof, sole and vnmaried, and that all gyftes grauntes, letters patentes, eschaunces, confirmatiōs leases and other wrytynges, whiche after the sayde mariage, and durynge the time of the same, should passe and be made of the said benefices, offyces landes, reuenues, and fruites, or of anye of thē whervnto the signe manuall of her hyghnes, should not be sette made, or put shalbe by thaucthorytye of the sayde parlyament, from to tyme demed, adiudged, aceepted, taken, and decreed, to be of no force, ne effect but vtterly frustrate and voyde in the lawe, to all intentes constructions [Page]and purposes the sayde marjage pranye law, vsage or custome, to the contrary in any wyse notwithstanding, as by the sayde act more at large doth appeare.
Sithence the making of which Statut, and the solmntsation of the sayde mariage the queenes most excellent maiestye hath bene greatly molested greued, and troubled [...] often signing of letters patentes, giftes, grauntes, eschaunges, leases, and other wrytynges, concerning and touchinge benefices, offices, andes, reuenues, and fruites, made and graunted by and from but sayd soueraygne lorde the kynge and her highnes, to sundrye of theyr most louynge subiectes, to whome also it hath bene, and is, no smal charge to attend, vnty ssuche tyme as they may procure and obteyne the signe manuell of her highnes, vnto their sayde letters patentes, gyftes, grauntes, ef [...] chaunges, confirmations; and leases, without whith signe the fame are vtterly voyde by force of the sayde statute, to the great daunger, losse, and vtter vndoing of diuers persons, that haue lately boughte purchased or obtayned of our sayd soueraigne Lorde and Lady, the kyng and Quenes maiesties, diuers landes, tenementes, and other hereditamentes to theyr great costes and charges.
For remedy wherof be it enacted by the auctoritie of this present parliamente, that the sayde braunthe or article touchinge or concernyng only the signing of letters patentes, giftes grauntes, eschaunges, confirmations leases or of other writinges, for any landes, benefices, offices, reuenues, friutes, or other hereditamētes, shal be from henceforth clearely repelled and made frustrate and voyde, to alintentes and purposes.
And be it further enacted by auctoritie of this present parliamet, that al and singuler letters patentes touching or concernyuge anye gifte, graunte eschaungs, confirmation lease or other writinge the whiche sithence the sayde mariage hath passed, and be made of anye benefices offices manoures landes tenementes reuenues fruytes, lybertyes or other hereditamentes or of any of them, in the names of our mooste dread Soueraygne Lorde and ladye, the kynge and the Quenes maiesties (the waraunte or writinge, or warauntes or wrytynges wherof being signed with her hyghnes signe manuel, in such fourme order and degree, as the same heretofore haue bene accustomed to be signed, when her highnes was sole and vnmaryed) shalbe by auctoritie of this present parliament, of the same like force, strength and effecte in the lawe, to al intentes constructions and purposes, as yf the same were or had bene signed by her highnes ligne manuel and as yf her maiestie had bene at the tyme of the makyng ther of sole and vnmaryed, and as they were before the makynge of the sayde acte. The sayde estatute, or any braunche, or article therein conteyned to the contrary in any wyse notwithstandynge.
☞ An act for the reformation of excesse in apparell.
¶ The seconde Chapter.
BE it enacted by thauctoritie of this present parliamēt that no person borne within this realme, or the dominions of the same, other then the son and heyre apparaunt of a knight, or other then such as maye dispend xx.li. by the yere in landes, offices, fees, or other yerelye reuenues for terme of lyfe, or be worth in goodes two. C.li. shall after the fyrste daye of Apryll nexte comming, weare any manet of fylke in, or vpon his hatte, bonet, nyghtcappe, gyrdle, seabberde, hose, shoes, or spnrre leathers, vpō payne of thre monethes imprysonment, and forfeytures of .x.li. for euery dayes wearing contrary to the tenour of this act.
And be it further enacted by thaucthorytie aforesayde, that Iustices of Assises, in theyr circuities, Iustices of peace in their sessions sheriffes in their turnes, Stewardes in letes and lawe dayes, Maiors, shieriffes, and Baylyffes of cities Boroughes, & townes corporate in theyr courtes, shall and maye enquyre, here and determyne from tyme to time, al and euery the said offences, committed, or done within the limittes of theyr seueral iurisdictions and aucthorities, and where any suche forfeytures shal happen to be found within the precincte of any citie, bourough, towne corporate, lete or lawe daye, then the Maior, sherif, & Bayliffes of the saide cities, boroughes, and townes, and owner of the sayde lete or lawe dayes, to haue the one moytye of the sayde forfeytures, and thother moytie to be to any subiecte of this realme that wyll sue for the same in any court of recorde by action information, byll, or otherwyse, in which no wager of law protection, or assoigne shalbe allowed. And where suche forfeyture shalbe founde out of any citie, boroughe, towne, lete, or lawe day, that the moytie of al such forfeitures, shalbe to the kyng and Quenes maiesties, and the heyres of the Quene, and thother moytie therof to any of theyr subiectes, that wyl sue for the same by byll, playnt, action, information, or otherwise in any court of record as is aforesayde, in which no wager of lawe, protection, or essoygne shalbe admytted or allowed. And that al and euery such person and persons, as haue auc toritye by vertue of this acte, to heare and determine the premysses may vpon the conuiction of euery suche offender award proces vnto the shyryf of any shyre within this realme, for the apprehension of the sayd offender, which beinge apprehended, shall be committed by the shyrefe vnto the gaole of the sayde shyre there to remayne withoute bayle or maynpryse vntyl the sayde offendoure hath payde the forfey ture wherein he is so conuicted.
And be it further enacted by the aucthorytye aforesayde, that yf any person or persones of what estate condition or degree soeuer he or they be, after the said first day of April next cōming, knowing any seruaunte or seruauntes of his or theyrs to offende contrarye to this act, doo not put the same oute of his or theyr seruice, but shall kepe in his or theyr seruice the same offendoure or offendours by the space of xiiii. dayes next after such knowledge had; or els beynge so put oute of his or their seruice shall retaine the same offendour or offendours to his or theyr seruice agayne within one yere next ensuing the time of committing of any suche offence, the same person or persons, so keping or retayninge agayne in or to his or theyr seruice, any suche seruaunt or seruauntes offending contrary to the tenoure of this acte, as is aforesayd, shall for euery his or theyr offence forfeyt, c.li. of lawfull moneye of England, the moytye whereof to be to the kynge and Quenes maiesties vse, and the heyres and successours of the quene, and the other moytie to hym that wyllsue for the same in any courte of record, by action, byl plaint information or otherwyse, wherein no wager of law essoygne or protection shalbe admitted or allowed.
Prouided alwaye and be it enacted that this acte, or anye thyng therin conteyned, shall not extend to any person veynge of, or aboue the degree of a knyghtes sonne or doughter, or veynge wyfe to anye of them, nor to such as haue bene, be, or shalbe Maioure, Baylife, Alderman or head officer in any city, boroghe, or towne corporate, or to the wyfe of any of them, nor to any of the kynges or Queenes seruauntes in ordinary wages attendaunt, and wearynge the kynges or Quenes ordinary liueries, but that they and euery of them, maye vse and weare as they or any of them might lawfully vse and weare before the makyng of this acte.
Prouided also that no personne shalbe compelled by this acte, to put away his prentise or hyreb seruaunte before thende of the terme before agreed betwene them, nor that any mayster shal forfeyt or lose any pame or forfeyture for the keping of his prentise or hyred seruant after his offence, contrary to this act, vnto thend of the terme before agreed betwene them. Any thyng aboue sayde to the contrary norwythstandynge.
Prouyded also, that women may weare in theyr eappes, hattes, gyrdles, and hoodes, as they or anye of them myghte vse and weare lawfully before the makynge of this acte.
An acte agaynst seditious wordes and rumors.
The thyrde Chapter.
WHoreis is conteyned as well in the Statute of Westm. the fyr [...]e, as in the Statute made at Glocester the seconde yere of the raygne of kynge Rychard the second, that no man shoulde be so hardye to contryue, speake, or tell anye false newes, lyes, or other suthe lyke false thynges of Prelates, Dukes, Earles, Baronnes, and other Nobles and Peares of the realme, or of the Chauncelloure, Treasurer, cierk of the prmye seale, Stewarde of the kinges houshold, Iustices of the one hauche or of thother, or of any of the great officers of this realm. And that euery such offender shoulde ve taken and imprisoned, vntyll suchtime as he had brought him or them forth which did speake the same. And where also at a parsiamente holoen at Cambridge in the .xli. ye are of the reygne of the sayd kynge Rycharde, it was also enacted, that where anye suche offender as is aforesayde shoulde be taken and imprifoned, and could not finde him of whome he hearde those newes whiche he spake, as is aforesaid, that then the same speaker should be puntshed by the adnise of the counsayle, as by the same actes amongest other more playnly do and may appeare.
Be it enacted by thauctoritie of this presente parliamente, that all and euery the sayde former actes and Statutes shalbe and remaine in their full force strengthe and effecte to all intentes, constructions and purposes. And surther that Iustices of the peace in euery Shire Citie, and towne corporate, within the limittes of theyr seueral commissions, shall by auctoritye of this present act, haue ful power to examine, he are and determine the causes abouesayde, in the sayde two fyrst actes specified, and to put the sayd two fyrst statutes and euery braunthe in theim conteyned in due execution that from henceforth condigne punishement be not deferred from suche offenders.
And for as much as diuers and sundrye malicions & euyll dysposed persons maliciously, seditiousely, rebelliouslye, and vnnaturaliye contrary to the duery of their sidelities and allegiaunces haue now of late not onely ymagined, inuented practised, spoeken and spredde abrode diuers and sundry lalse, seditious and sciaunderous newes. rumors, sayinges, and tales agaynst our moost dreade Soueraigne lorde and kyng, and againste oure mooste naturall Soueraygne ladye and Quene, and agaynste eyther of them, of whome we are forbidden to thinke euyliand much more to speake euyll, whiche offence foundeth and is aswel to the great dishonor reproche and sclaunder of theyr most excellent matesties, as also to the great sclasider of this theyr realme, and other theyr dominiōs, but also haue deuised, made written printed published and lette forth diuers heynous, seditious and sclaunderous writinges rymes ballades, letters papers and bokes, intending and practising therby to moue and styrre seditions discozde discention and rebellion within this realme, to the greate [Page]perill and daunger of the same. Forauoy dinge wherof, be it enacted by thauctoritie of this present Parliament, that if any person or persons, after the, xx. day of February next ensuing, and after open Proclamation made of this Acte, shal maliciously, of his or theyr ymanination, speake any false seditions, and slaunderous newes, rumors sayings, or tales of our said Soueraigne lord and king, or of out said most naturall Soueraignelady and quene, that then all and euerye such person and persones so offendyng, being therof conuicted or at tainted, in forme hereaster, in this act expressed, shal for euery fyrst of fence, in some market place within the shyre, citie or Borough, wher or neare vnto the place where the said wordes were, or shalbe so spoken, be set openly vpon the pylory, by the Sheriffe or his ministers, if it shall fortune to be without any citie or towne corporate. And yf it happen to be within suche citie or towne corporate, then by the pryncipal officer or officers of such citie or towne corporate, or his or their ministers, and there to haue both his eares cutte of, onlesse he paye one hundreth poundes to the Kysnge and quenes highnes vse within one moneth next after iudgement geuen of his sayd offence, and also shall suffer imprisonmente by the space of three monethes after such his or theyr execution.
And it is likewise enacted by thauctoritye aforesayd, that al and euery person and persons, which after the sayde daye, and after Proclamation made of this act, shal malicioufly speake anye false seditious and slaunderons newes, rumors, or tales to the flaunder and reproche of our sayde Soueraygne lord the kyuge, or of oure sayde most natural Soueraygne ladye the queene, of the speakynge or reportynge of any other, that then all and euerye suche persone or persons so speaking and reportyng, being therof conuicte or attaynted, in forme hereafter in this act expressed, shall for euery such offence in some market place within the shyre, citie, boroughe, or towne, where or nere vnto the place where the sayd wordes were or shalbe so spoken and reported, be set openly vpon the pyllorye by the shyrif or his ministers, if it shall fortune to be withoute any citie or towne corporate, and if it shall happen to be within any citie or to wne corporate, then by the principal officer or officers of such citie or town corporate or his or their ministers, and there to haue one of his eares cut of, onlesse he paye one. C. markes to the kinges and queenes hyghnes vse, within one moneth next after iudgement geuen of his sayde offence and also shall suffer imprysonmente by the space of one moneth after his or their execution.
And be it further enacted by thauctoritie aforesayde, that yf anye person or persons shall after the sayde daye, and after Proclamation made as is aforesayd, maliciously deuise, writ, print, or set forth anye manner of booke time, ballade, letter, or writinge, conteynynge anye [Page]false matter, clause or senfence of sclaunder reproche and dishonoure of the kyng and quenes maiesties, or of other of them, or to the encotaging, sturring or mouing of any insurrection or rebellion, within this realme, or any dominions belongynge to the same. Or whosoeuer shall maliciouslye procure anye suche booke, time, hallade letter, or writinge, written, prynted, or set forth (and the sayde. offence not being punishable by the Statute made in the .xx.ii. yere of the reigne of king Edward the third, concerning treasons, or declaratis of treason) that then and in euery such case the offender and offenders therin after his or their conuiction or attaynder, shall for his or their first offence, in some market place within the shyre, city, or borow, wher the sayd offence is or shalbe committed or done by the shyreffe or his ministers, yf it shall fortune to be without anye citie or towne corporate, and yf within such citie or towne corporate, then by the pryncypall officer or officers of suche citie or towne corporate or by his or theyr ministers, haue his and theyr ryght hand stricken of.
And be it further enacted by thauctoritie aforesayde. that yf anys person or persons, beyng once lawfully conuicted of any of thoffēces aforesayd now prouided to be punished by the execution of losses of care, eares or hand as is aforesayd, do after wardes estsones offende in any of the offences aforesayde, that then he or they so offendynge shal suffer imprisonment durynge his or theyr lyues, withoute bayle or maynpryse, and forfeyt and lose to the kyng and quenes maiesties al his and theyr goodes and cattels.
And be it also enacted by thauctority aforesayd, that all Iustices of over & determiner, within the limittes of their commission Iustices of assise in their seuerall circuites, Iustices of gaole delyuerye, & Iustyces of peace, as wel within the liberties as without, within the limittes of their seueral cōmissions in their generall sessions, or other sessions, whiche they or two of them whereof one of them to be of the Quormm, maye and shall apppoynt at theyr pleasure, where and when nede shal requier & shall by vertue hereof, haue ful power and auctoruie to inquier, here and determine al and euery thoffences aforesaid, as in cases and trial of fellony. And that the party indieted and artained, shal haue aduauntage of al maner of chalenges to the Iutie (peremptorye chalenge only except) as in trial of selony.
And also that euery Iustice of peace within the limittes of hys commssion shall haue full power and auctorytie to commit any person beinge vehemently suspected of any of the sayd offences to ward, there to remayne without bayle or mainpryse, vntyll he shalbe deliue red according to this acte.
Prouided always and be it enacted by thauctorytye aforsayde that no manar of person or persons shalbe molested, or impeehed for anye of the offēces, concerning speaking or reporting as is aforsayde [Page]oneles he or they be thereof accufed and conuicted wythin thre monethes, next after his or their sayd offence so committed or done.
And in case any person shalbe imprysoned foranye of the sayde offenres, concernyng speakynge or reportynge, and not thereof conuycte, wythin three monethes, nexte after the offence supposed to be by him done and cōmitted that then the persou soo imprysoned shable set at lyberty and [...] le [...]gee deteyned inpryson.
Prouided also, and be it enacted by auctoritie aforsaid, that eue ryesuche Masour, Maiours, Baylyffes, and other heade offycer and officers of cytyes, borowes, and townes corporate which haue or hereafter shal haue iurysdictyon and auctorycye, wythin the seuerall limittes of thyroffyce or offyces, to hold and kepe sessyons as instice or iustices of ye peace shall, and maye by auctoritie hereof, aswell arrest & commite to ward, all and euerye person and persons beynge vehemently suspected of any of the offences aforesaide, as also to procede to the execution, he aryng & determining of euery the sayd offences, and to see, and make due execution therof, according to the purporte, meaninge and effecte of this presente acte. Any thingein the same act heretofore made to the contrary notwithstandinge.
Prouided alwayes, that the sayd Iustice of peace, aswel wythin liberties as without, the which shall for any the offences aforesayde, commit any person or persons to warde, as is aforesayde, shall wythin tenne dayes next after such committinge, with one other Iustice wherof one of them to be of the Quorum, direct their precepte to the Sherife or Sherifes of the countie where thoffence shalbe committed, or to other ordinary officer, if it be within any citye, or towne corporate, where the Sherife can not intromit, commaundinge him or them by the same impanei and retourne, as they shall assigne, xxiiii. good and lawful men of his or theyr bayliwike or bayliwikes to en quyre of the sayd offences or offences the whiche any such person or persons shalbe so imprysoned for. And thervpō within one moneth after the date of the saide precept to procede & determine, as aboue is expressed. Euerye one of the same Iustices, vppon payne of .x.li. to be payed to the kyng and Quenes hyghnesses, as often as they shalbe founden in defaulte of any the same.
Prouyded also, and be it enacted, that thys act shalbe proclaimed in al the shyres within this realme, before the .xii. daye of Februarye next commyng to thintent that al persons maye haue notice thereof and auoyd the peryl and daunger that myght ensue by offendynge agaynst the same. And this acte to be only in force, vntill the ende of the next parlyament, and no longer.
Promded alwayes, and be it enacted by thauctoritie aforesayde, that none of the peares of this realme shalbe arrested or imprisoned for any of the said offences, but only by order or commaundemente. [Page]geuen from the kinge and quenes priuie counsayle, or of the heyres of the Quene, and that the sayd peares, and euery of them, that shall bereafter fortune to be indicted of any thoffences aforesayde, shalbe tryed by theyr peares, as before hath ben accustomed in cases of treason or fellonye.
An acte for the punishment of certayne persons callynge them selues Egiptians.
The .iiii. Chapter.
WHere in a parliament holden at Westminster in the .xxij yere of the reygne of our late Soueraigne lorde kynge Henry theyght (for the auoyding and banyshyng oute of this realme of certaine outlandish people, callynge them selues Egiptians, vsing no crast nor feate of marchaundises for to lyue by, but going frō place to place in greate companyes vsing great, suttel, and crafty meanes to desceaue the kynges Subiectes, bearing them in hand, that they by palmistry could tell mens and womens fortune, and so many tymes by craft and subteltie disceyue the people of theyr moneye, and committed diuers greate and heynous fellonyes and robberies, to the great hurt & disceyte of the people). It was amongeste other thinges then enacted, that frō the tyme of the makinge of the fayde acte, no suche personnes shoulde be suffered to come within this the kinges realme, vppon payne of forfeyture to the kyng al theyr goodes and cattels, and then to be commaunded to auoyd the realme within .xv. dayes next after the commaundement, vpon payne of imprisonment, & such persons callynge theim selues Egiptians, as then were within this Realme, shoulde depart within .xvi. dayes nexte after proclamation of the sayde acte vpon payne of imprisonment and forfeyture of all theyr goodes and cattels wt diuers other clauses & articles conteined in the sayde act, as by the said act more at large it appeareth. For asmuch as dyuers of the sayd company and such other lyke personnes not fearynge the penalty of the sayde Statute, haue enterprised to come ouer agayne into this realme, vsyng theyr old occustomed deuylishe and noughty practises and deuises, with such abhominable lyuynge as is not in auye Christian realme to be permitted, named, or knowen, and be not duly punyshed for the same, to the peryllous and euylexāple of oure soueraygne lorde and ladye the kynge and the Queenes Maiesties mooste louynge subiectes & to the vtter and extreame vndoynge of diuers and many of them as euidently doth appeare.
For reformation wherof be it ordeined and enacted by the kynge and quene our soueraygne Lorde and Ladye, the Lordes spyrytuall and temporall, and the commōs in this present parltamēt assembled and by thauctoritie of the same, that yf any person or persōs after the [Page]laste daye of Ianuary next comming, do willingly transport, bringe and conuey into this realme of England or Wales, any such persōs callinge them selfes or commonly called Egiptians, that then he or they so transportyng, bringing or conueying in, anye suche persons, contrary to the true meaninge of this acte, shall forfeite and loose for euery tyme so offending .xl. poundes of lawful money of Englande.
And be it further enacted by thaucthority aforesayde, that yf anye of the said persons called Egiptians, whiche shalbe transported and conueyed into this realme of England or Wales, as is aforesaide, do continue & remaine within the same, by the space of one monethe, that then he or they so offendynge, shall by vertue of this acte, bedemed and indged a fellon and fellons, and shall therefore suffer paynes of death, losse of landes & goodes, as in cases of felony, by the order of the common lawe of this realme, and shall vppon 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 medietatem linguae and shal lose the benefit and priuiledge of sanctuary and clergye.
And be it further enacted by thauctoritie aforesayde, that yf the Egiptians or other persons commonly callinge theim selues Egiptians and euery of them now beyng within this realme of Englāde or Wales, do not depart out of the same within .xx. daies nexte after proclamation of this present acte shall be made, that then he or they whiche shall not depart within the said time, accordinge to the true meaning of this acte, shall forfeyte and lose all his and theyr goodes and cattels, and that then it shalbe lawfull to al and euery the kynge and the Quenes subiectes to sease the same, thone moytie thereof to be to the vse of our soueraygne lord and lady the king and the quene and thother moytie therof to be to the vse of him or them that shal so sease the same.
And be it also enacted by thauctority aforesayde, that yf the Egiptians and other persons commonly called Egiptians, and euerye of them now beinge within this realme of England or Wales, do not depart out, and frō the same, within .xl. dayes nexte after proclamation shalbe made of this act, that then he or they, which shall not depart, and anoyd within the sayde tyme of .xl. dayes accordinge to the true meaning of this act, shalbe indged and demed according to the lawes of this realme of England a fellon and fellons, and shal suffer therfore paines of death, losse of landes and goodes as in other cases of fellony and shalbe tryed as is aforesayd, and without hauyng any benefite or prinilege of sanctuary and clergye.
And be it further enacted by thauctoritie aforesayde, that yf anye person after the fyrst day of Ianuary next comming, shall sue for the [...]hteyning of any licence, letter, or pasporte, for anye of the sayde persons [Page]called Egiptians, to abide or continue, within this realme of England or Wales, contrary to the tenour of this acte, that then euerye such person so suing, shal forfeyt and lose for the same forty poundes, of lawefull money of Englande, and that euerye suche lycense, letter and pasport, shalbe by vertue of this acte, voyde, to al intentes & purposes, thone moytie of all which summes of moneye to be forfeited, as is beforesaid, shalbe to the kyng and Quene our Soueraygne Lorde and Lady, and the other moyte therof to be to him or them, that wyll sue for the same, in any court of record, by action of dect, byll, playnte, or information, wherin any essoigne, wager of lawe, nor protectyon, shalbe admitted and allowed.
Prouyded alwayes and be it enacted by thaucth oritie aforesayd, that thys present act, nor any thinge therein conteyned, shall not extende, nor be hurtfull to any of the saide persones, commonlye called Egyptians which within the sayd tyme of twenty dayes nexte after the sayde proclamation to be made, as is beforesayde, shall leaue that noughtye ydle, and vngodly lyfe, and companye, and be placed in the seruice of some honest and able inhabitaunte or mhabytauntes, within this realme, or that shal honestlye exercyse hym selfe in some lawe full worke or occupation, but that he or they so continuing in seruyce or other lawful worke or occupation, shal duringe suche time as he or they shall so continue, be discharged of all paynes, and forfeitures cō tayned in this acte.
Prouyded also and be it enacted by the aucthoritie aforesayde, that this acte shal not in any wise extende to anye chyld or children, being not aboue the age of .xiii. yeares, nor to any of the said personnes, being nowe in prison so that he or they so being in prison, doo departe out of this realme, within .xiiii. dayes next after his or their deliuery out of pryson, nor shall extend to charge anye maner of person or persones, as accessary to any offence or offences, conteined or specified in this estatute.
☞ An acte to restraine carrying of corne, victuals, and wodde ouer the Sea.
☞ The .v. Chapter.
WHere as sundry good estatutes and lawes hath bene made within thys realme in the tiine of the Queenes highnes most noble progenitours that none shuld trāsport, carye or conueye oute of thys Realme into anye place in the parties beyond the seas any corne butter chese, or other victuall (except onelye for the vitalyng or the towne of Callys, Hames, & Guysnes, and the marches of the [Page]same, vpon dyuerse great paynes and for faytures in the same conteined, that norwithstandyng many and sundre couetous and vnsaciable persenes, sekyng their onely sucres, and gaynes, hath, and dayly doeth cary and conueigh innumerable quanticie aswel of corne, chese butter, & other victual, as of wod out of this realme, into the parties beyond the seas. By reason whereof the sayd corne, vyctual & woode are growen vnto a wonderfull dear the, and extreme pryces, to the great detriment of the Common wealth of this your highnes realm and your faythfull fubiectes of the same.
For remeby wherof, it may please your highnes that it may be enacted, and be it enacted by youre highnes by thassent of the lordes spirituall and temporall, and the commons in this present parliamēt assembled, and by thauctoritie of the same, that no maner of person or personnes, after the .xx. daye of Ianuary next commyng shal carye & transport out of this realme by any Shippe, Craier, or other bessell, whatsoeuer, into any place in the parties beyond the seas, or into the realme of Scotland, any wheat, rye, barleye, or other corne or grain growing within this Realme, or any malt made within the same, or any bere, butter, chese, heringe, or wodde, except onely to and for the victualing and furniture of the to wnes of Callyes, Hames, & Guysnes, and to the towne of Barwicke & the marches of the same, wyth out sufficient and laweful aucthoritie so to do, vpon the paines and penalties hereafter eusuyng, that is to say, thowner and owners of the sayd shyppes and other vessels, to forfeyte the sayd shippes, crayers and other vessels, with al their apparels, to them and euery of them belongyng, wherein the sayde corne, butter, chese, herryng, victuall, or wodde, shalve so transported and caried, and the owners & owner of the sayd corne, butter, chese, hearynge, and wodde to forfeyte the double value of the same so caried, and conueied, and the maister and mareners of euery of the sayd shippes craiers, and vessels for euerye such offence, to forfeyte all their goodes, and to be imprisoned, by the space of one whole yeare without bayle or maynepryse.
And be it further cuacted by thauctoritie aforesaid, that yf anye person or persones, after the sayde twenty day of Ianuary do cary & conueye awaye by Boote, Crayer, or other vessell, or otherwpse anye wheate, tye, bareley, malte, or other corne or crayne, or any beare, butter chese, herryng, or wodde to any Shippe or vessett beinge on the Seas, or within any Hauen, creke, or other place of the bordre of this Realme to be transported, caried, and conueyed into any place in the parties beyonde the Seas, or into the realme of Scotland, without sufficient aucthoritie so to doo, that then euery owner of the said vietualls corne, and other thynges abouesayd soo tronsported or caried and the owner and owners of enery such bote or Vessel and the bore menne and mareners of the same shall loose forteyte, and suffer all [Page]such forfaytures, paynes, and penalties as is aboue rehearsed, thone moytie of al, and euerye which forsayture or forfaitures, to be to the kynge and Quenes hyghnes, theyr heyres and successours, and tho ther moytie to him or them, that wyl sue for the same by byl, information, attion of debte, or otherwyse in any of the kynge and Queenes hyghnes courtes of recorde, in which actyon, byll, or suite, the defendaunte shal not wage his lawe nor haue any essoygne or protectyon to him allowed.
And be it enacted by thaucthoritie aforesaid, that yf any person or persons shall obtayne of the kyng and Queenes maiesties, ther heyres or succe ssours, or of any of them, any licence to eary and transport any corne, victual, or wodde, into any parries beyond these as, that if he or thei, to whom any such licence, shalbe geaunted, or any other, to whom such person or persoues, hauynge such lycence, shal giue, graūt or sell his or their said licence vnto, shall cary, and conucy or cause to be caried and conueyed any more corne .victuall. or wood then shalbe conteined in his or their said licence shall forfeyte the treble value of the sayd corne, victual, or wood so carried and trasported, withoute sufficient auctoritie, and shal suffer imprisonment for one whole yere in the common gaole, where he shalbe apprehended, ther to remaine without bayle or mainepryse.
And be it further enacted by thaucthoritie aforesayd, that no maner of person or persones, after the said .xx. day of Ianuary, that shal obteine, or haue any such licence for transportynge and carying anye corne victuall or wodde, into any parties beyond the seas, shal shippe lade, and fraught the same, or anye parte thereof, at sondrye places within this realme, but at one place certaine, vpon paine of forferture of the sayd corne, victual & wodde, and al his goodes & cattels thoue moytie thereof to the kyng and Quenes inaiesties, their heires and successours, and thother moytie to him or them that wyll sue for the same by action of debte .byl, playnt information or otherwise, wherein no wager of lawe, essoygne or protection shalbe to hym or them allowed.
And for the better execution of this act, be it further enacted by the aucthoritie asoresaid, that all and singuler Iustices of peace, as well within the liberties as without, within their seuerall aucthorities & commyssions at any tyme, with in three yeares next after such offences committed, shall haue full powre and aucthoritie to enquire as well by the othes of twelue laweful men, as also to heare & examine the mayster, maistres, and mareners of the sayde shyppes, crayers, & other vessels, and al, and euery other person and persones, of all, and synguler the offenders agaynste this present acte, and to here and determine the same offences, as they may, and ought to here and determine any other trespasses, or offences.
Prouyded alwayes, and be it enacted by thaucthoritie aforesnyde, that at all time and times hereafter, when the common price of corne within thys Realme is, that wheat shall not excede the pryce of vl.s. viii.d. the quarter, and rye .iiii.s. the quarter, and bareley .iii. shillings the quarter, it shalbe laweful to euery person and porsons to cary and transport ouer the sea, to any place beyonde the seas at their pleasure of the sayde kyndes of corne, so that it be not to the kyng and quenes enemies.
Prouyded alwayes, and be it enacted by thautthoritie aforesayde, that thys acte, ne any thing therein contained, shall extende to anye person or persones for the necessary victeling of any shippe, shyppes, or other vessells, but that they. and cuery of them, maye victaile the sayd shyppes & vessels, as they mighte haue done before the making of this presente acte. Thys acte or anye thynge therein conteined to the contrary notwithstandyng.
Prouyded alwayes, and be it enacted by thaucthoritie aforesaide, that thys acte, or any thinge therein conteined, shal not be preiudiciall or hurtefull vnto the Lord great admirall of Englande, for the tyme beinge or to the kyng and Quenes Maiesties furisdiction of the Admiraltie, but that the sayd Lord Admiral, or his deputy, or deputyes, may, and shall exercyse .vse. and execute al kynde of iurysdyctyon, belongyng to the sea accordyng to his or their cōmissions, as they might lawefully haue. done heretofore. Thys acte, or anye thing therein conteyned to the contrary notwithstandyng.
☞ An acte for the reuiuing of three Estatutes made for the punishment of heresies.
The .vi. Chapter.
FOr the eschuing and auoydinge of errons & herefyes, which of late haue risen, growen, and much increased within this Realme, for that the Ordynaryes haue wanted aucthoritie to procede agaynst those, that wer infected therwith, Be it therefore ordeyned and enacted by the aucthoritie of this present parlyamente, that the Statute made in the fyfte yere of the reigne of kynge Rycharde the second, concerning the arresting and apprehension of erronyous and hereticall preachers, and one other Statute, made in the seconde yeare of the reigne of king Henry the fourth, concernyng repressynge of heresies, and punyshment of heretikes, and also one other Estatute made in the Second yeare of the raygne of kynge Henrye the fyfre, concernyng the suppressyon of heresye and lollardye, and cuerye Article, Braunche, and sentence conteygned in the same thres seuerall [Page]actes, and euery of them, shall from the twenty daye of Ianuary next comming, be reuiued, and be in ful force, strength, and effect, to all intenses, constructions & purposes, for euer.
☞ The tenor of the acte, made in the fyst yeare of kynge Rychard, is as foloweth. Chapiter .v.
ITem forasmuch as it is openly knowen, that there be diuers euill persones within the realme going from coūtie to countie, & from towne to towne, in certaine habites, vnder dyssimulation of great holines, & with out the licence of the ordinaries of the places, or other sufficient aucthoritie: preaching daylye, not onelye in churches & churchyardes, but also in markets, faires, & other opē places where a great congregacion of people is, diuers sermones conteining heresies, & notorious errours, to the great embleamishing of the christen faith, and destruction of the Lawes, and of the estate of holye Churche, to the great pericle of the soules of the people, and of all the realme of England, as more plainelye is found, and sufficientlye prouyd, before the reuerent father in God the Archbishop of Canterburye, and the Bishoppes, and other prelates, maysters of diuinitie, and doctours, of Canon and of ciuile, and a greate parte of the clergye of the said realme, specially assembled for this cause, which persones do also preach diuers matters of slaunder, to engender discord & dissention betwixt diuers estates, of the said realme, aswel spirituall as temporall in exciting of the people to the great peril of al the realm, which preachers cited or sommoned before the ordinaries of the places, there to aunswere of that where of they be impeched, wil not obeye to there summons and commaundementes, nor care not for their monycyons nor sensures of the holy Church, but expressely dispise thē. And moreouer, by their subtil and ingenious wordes, do drawe the people to here their Sermons, and do maintaine them in their errours by stronge hand, and by great routes. It is ordeyned and assented in this present Parliament that the kinges commissions be made and directed to ye Sheryffes and other ministers of our soueraigne Lord the kinge or other sufficient persons learned, and accordinge to the certificatiōs of the prelates therof to be made in the Chauncery, from time to time to arrest all suche preachers, and also their fautours, mainteners and abbettours, and to holde them in arrest and strong prison, [...]ii they wil instify them, accordyng to the lawe and reason of holy Church. And ye kynge wyll and commaundeth, that the Chauncellor make such commissions at all times, that he by the prelates, or any of them shal be certyfyed, and thereof required, as is aforesayd.
¶ The tenor of the second acte, made in the second yeare of kynge Henry the .iii. is as foloweth. Cha .xv.
ITem where as it is shewed to our Soueraygne Lord the king, on the behalfe of the prelates and Clergye of his realme of England in this presente Parlyamente, that although the catholyke faith builded vpon Christ and by his Apostles, and the holye church sufficientlye determined, declared, and approued, hath bene hether to by good and holy, and moste noble progenitours of our soueraigne Lord the kyng in the saide Realme, emongeste all the realmes of the worlde, most deuoutlye obsetued, and the Churche of Englande, by his said most noble progenitours and auncestours, to the honoure of God, and the whole Realme aforesaid, laudably endowed, and in her rightes and liberties susteined, without that that the same faith, or the sayd Church was hurte or greuouslye oppressed, or ells perturbed by any peruerse doctryne, or wicked heretical or crronious opinions, yet neuer the lesse dyuers false and peruerse people, of a certaine new secte of the sayth, of the Sacramentes of the Churche, and the aucthorytie of the same, damnably thinking and agaynst the lawe of god, and of the churche, vsurpyng the offyce of preachyng do pecuersly and maliciouslye, in dyurrse places within the sayd realme, vnder the colour of dissimuled holines, preach and teach these dayes openly and priuely, diuers newe doctrines, and wycked heretical and erronious opiniōs contrarye to the same fayth; and blessed determinations of the holye Churche. And of suche secte and wicked doctrine and opinions, they make vnlawefull couenticles, and coufederacies, they holde and exercyse scholes, they make and wryte bokes, they do wickedly instructe & infourme people, and asmuch as they maye excite and stirre them to sedition and insurrection and maketh gret strife and diuision emong the people, and other enormities horrible to be heard, dayly doo perpetrate and commit, in subuercion of the said catholyke faith, and doctryne of the holy churche, in diminucion of Gods honoure, and also in destruction of the estate, ryghtes, and liberties of the saide churche of England, by which secte and wicked and falfe preachynges, doctrynes, and opinions of the sayd false and peruerse people, not onely most greatest peryl of the soules, but also manye more other hurtes, slaunders, and peryls (which God prohibite) mighte come to thys Realme onlesse it be the more plētifully and spedely holpen by the kynges maiestie in this behalfe, namely wher as the diocesans of the said realme cannot by their iurisdiction spiritual without aide of the sayde royall Maiestie, sufficiently, correcte the saide false and peruerse people, nor refrayne their malice, because the said false and peruerse people do go from Dyoces to Dyoces, and wil not appeare before the sayd Diocesans, but the same Diocelans, and their iurisdiction spiritual, and the [Page]kayes of the churche, with the censures of the same, doo vtterlye contempne and dispise, and soo there wicked preachinges and doctrines, doeth from daye to daye continue and eretcise, to the hatrede of fyght and reason, and vtter destruction ordre and good rule. Vpon whych no welties and excesses aboue rehearsed. The Prelates and Cleargye aforesayd, and also the commons of the sayd realme, being in the same parliamēt, praying our soueraigne Lord the kyng, yt his roial highnes would vouchesafe in the sayd parliamente, to pronide a conuenyente remedy, the same our soueraygne Lorde the kyng, gratioufly considetyng the premyffes, and also the lawdable steppes of his said most noble progentiours and auncestours, for the conseruation of the said catholyke fayth, and sustentation of Goddes honour, and also the safegard of the estate, ryghtes, and lyberties of the sayde Churche of Englande, to the laude of God, and merite of our saide soueraygne Lorde the kynge, and prosperitie & honour of al his sayd realme, and for the eschewynge of such dissentions, diuisions, hurtes, slaunders, and peryles, in time to come, and that thys wycked secte, preachynges, doctrynes and opinions, should from henceforth cease, and be vtterly destrayed, by thassent of the states, & other discrete men of the Realme, beyng in the sayde parlyament, hathgraunted, stablyshed, & ordeined from henceforth, fermely to be ovserned, that none within ye said realm or any other dominions, subiectes to his royal maiestie, presūe to preache openly or priuely without the licence of the Dyocesan of the same place, fyrst required and obteined, curates in their owne churches, & persones hetherto priuileged, and other of the canon law, graunted onelye excepte. Nor that none from hence for the anye thynge preache, holde teach, or instruct, openly or priuely, or make or writts anye boke contrary to the catholyke fayth or determination of the holye churche nor of such, fecte and wicked doctrines and opinions, shall make anye conuenticles, or in any wise holde or evercyse Scholes. And also that none from henceforth in any wise fauoure suche preacher, or maker of any such, and lyke conuenticles or holdynge or exercysyng Scholes, or makynge or wrytynge suche bokes, or so teachynge informynge, or exciting the people nor any of them maintaine, or in anywise sustaine. And that al, and singuler hauyng suche bookes or anye wrytynges of such wycked doctrine and opinions, shal really with effect delyuer, or cause to be deliuered al such bokes and writtnges to the Dyocesan of the same place, within .xi. dayes from the tyme of the proelamation of this or viuaunce and statute. And yf any person or persons, of what so euerkynd, estate, or condition that he or they be from henceforth do or attempt against the roial ordinaunce & statute aforesaid in the premisses or in any of them or such bokes in the fourme aforesaid do not delyuer, then the diocesan of the same place in his dioces such personne or persones in this behalfe defamed, or euidently suspected & euery of thē [Page]may by the aucthoritie of the sayd ordinarye and Statute, cause to be arrested, and vnder saufe custody in his prisones to be deteined, tyl he or they of the articles layed to him or them in this behalfe, doo canonically purge him or them selfe, or ells suche wicked secte preachynges, doctrynes, and heretical and erronious opiniōs, do abiure, according as the lawes of the church, doth require, so that the sayd dyocesan by him self, or his commissaries, do openly and iudicially procede against such periones so arrested, and remayning vnder his saufe custodye to all effect of the lawe, and determine that same busynes, according to the Canonicall decrees, within three monethes after the sayde arrest any lawfull impedimēt ceassing. And yf any person in any case aboue expressed, be before the diocesan of that place, or hys commyssaryes canonically conuict, then the same diocesan may do to be kept in his prison the sayd person so conuict, for the maner of his defaulte, and after the qualitie of the offence, accordyng and as long as to hys discretion shall seme expedient, and moreouer to put the same person to the secular court, except in cases where he accordyng to the canonicall decree ought to be left, to paye to our soueraigne lord the kinge, his pecunier fine, accordyng as the same fyne shall seme competent to the diocesan, for the maner and qualitie of the offence, in which case the same dyocesan, shalbe bounde to certifye the kyng of the same fine in his escheker, by his Lettre Patentes, sealed with hys seale, to the effecte that suche fyne by the kynges aucthoritie, maye be requyred and leuied to his vse of the goodes of the same person so conuycte. And if any person within the sayd realme and dominions vpon the sayde wycked preachynges, doctrynes, opinions, schooles, and heretycall and erronious informations, or any of them be before the diocesan of the same place, or his commissaries sentencially conuyct & the same wicked sect, preachinges, doctrines, and opinions, scholes, and informations, do refuse duely to abiure, or by the dyocesan of the same place or his commyssaryes, after the abiuration made by the lame person pronounced, fal in to relapse, so yt accordinge to the holye canons, he oughte to be lefte to these culer courte, whervpon credence shalbe geuen to the dyocesan of the same place, or to his commissaryes, in this behalfe, then the sheryffe of the countie of the same place, and Maior and sheryffes or sheryffe, or Mayor and Baylyffes of the Citie, Towne, and borow of the same countye next to the same diocesan, or the sayde Commissaryes, shalbe personailye present in preferryng of such sentences, when they by the same diocesan, or his commissaries shalbe required, and they ye same personnes and euerye of them after suche sentence promulgate, shall receaue, and them before the people in an hygh place dooe to be brent: that such punyshmente maye strike in feare to the myndes of other, wherby no such wycked doctrine and heretical, and erronious opinions, nor their abbettours and fautours in the said realme & dominions [Page]agaynst the catholike faith, christen law & determination of the holy church (which god prohibite) be fusteined, or in any wyse suffered, in whiche al and singuler the premisses, concerninge the sayde ordinaunce and statute, the sheriffes, maiors, and bailiffes of the said counties, cities, boroughes, and townes, shalbe tendynge, aydynge. and supportyng to the sayd diocesans and their commissaries.
☞ The tenor of the thyrd act, made in the second yere of kygne Henry the fift, is as foloweth. Cap. vii.
ITem forasmuch as great rumors, congregations, & insurrections here in the realme of England by diuers of the kinges liege people, aswel by them which wer of the sect of heresies commonly called lolardry, as by other of their confederatie, excitation, & abbetment, nowe of late were made to thintent to adnul, destroy, and subuerte the christen faith, and the law of god and holy church within this same realm of England, and also to destroy the same our soueraine lord the king, and all other maner of estates of the same realme of England, aswel spiritual as temporal, and also al maner of policie and finally the lawes of the lande. The same our soueraigne lord the king, to the honour of god, and in conseruation and fortification of the christen faith, and also in sak ation of his royal estate, and of thestate of al his realme, willing against the malice of such heretikes and lolardes to prouide a more open remedy and punishment then hath ben had and vsed in the case hereto fore, so that for fear of the same lawes and punishment, such heresies and lolardries may the rather cease in time to come, by the aduise and assent aforesaid, at the prayer of the saide commons, hath ordeined & established, that first the chaunceloure, treasurer, Iustices of the one benche and of thother. Iustices of peace, shirifes, mayors, and baylifs of cities and townes, and al other officers, hauinge gouernaunce of people, which now be, or hereafter for the tyme shalbe, shal make anothe in takyng of their charges and occupations, to put their hole power and diligence, to put out, and do to be put out, cease and destroy al maner of heresies and errors, commonly called lolardryes, within the places where they exercise their offices and occupations frō time to tyme, with al theyr power, and that they assist the ordinaryes and their comissaries, and them fauor and maintaine as often as they or any of them to that shalbe required by the same ordinaries or theyr comissaries, so that when the saide officers and ministers trauayle or ride to arrest any lolard, or to make assistence at the instance and request of the ordinaries or their commissaries by vertue of this statute that the same ordinaries and commissaries shal paye for theyr costes reasonable. And that the kynges seruices to the which the same officers be fyrst sworne, be preferred before al other statutes for the libertie [Page]of holy church, and the ministers of the same, & in especiall for the correction and punishment of the heretikes and lolardes before this time made and not repelled being in their force. And also that al persons conuict of heresie, of what estate, condition or degre that thei be by the sayd ordinaries or other cōmissaries left to the seculer power. according to the lawes of holp churche, shal lose and forfeyte all theyr landes and tenementes, whiche they haue in fee simple in the maner as foloweth, that is to say, that the kinge haue al the londes and tenementes, whiche the sayde conuictes haue in fee simple and holden of him immediately as forfeyte, and that the other lordes, of whome the landes and tenements of such conuictes be holden immediatly, after that the king is so seaced and answered of the yeare the day, and the wast, haue liuery out of the kynges handes of the landes and tenemē tes aforesaid of them so holden, as it hath bene vsed in the case of attainder of feloni, except the landes & tenementes, which be holden of the ordinaries or their cōmissaries, before whom any such persons impeched of heresie be cōuict, which landes & tenementes, intierly shall remaine to the king as forfayt. And moreouer that al ye goods & cattels of these persons so cōuicted, be forfeit to our soueraygne lorde the kinge, so that no person conuict of heresy, & left to the seculer power after the lawes of holy church, shal forfeyt his lands before that he be dead. And if any such person so cōuict be enfeffed be it by fine by dede or without dede, in landes or tenementes, rentes or seruices in fee or otherwise, or hath any other possessiōs or catels by gift or graūt of any persō or persons to anothers vse thē to thuse of such cōuictes, that the same landes nor tenements, rentes nor seruices, nor suche other possessions, nor catels shalbe forfeit to our soueraign lorde the king in no wise. And moreouer that the iustices of the kings bench, & iustices of peace, & iustices of assise, haue ful power to enquire of al thē which hold any errors or heresies, as lolardes, & whiche be theyr mainteyners, receiuers, fauorers & susteners, cōmen writers of such bokes, as wel of ye sermons, as of their scoles, conuenticles, congregatiōs & confederaties. And that this clause be put in comissions of the iustices of the peace. And if any persons be indicted of any pointes aforesaid the sayd iustices shal haue power to award against thē a capias, & the shiref shalbe bound to arrest the person or persons so endicted as sone as he may them find by him or by his officers. And forasmuch as the cognisance of heresy, errors & lolardries, belongeth to the iudges of holy church, & not to the seculer Iudges, suche persons iudicted shalbe delyuered to the ordinaries of ye places or to their commissaryes, by indentures betwixt them to be made within .x. dayes after theyr arrest, orsoner yf it may be, therof to be acquit or conuict by the lawes of holy church, in case that these persons be not indicted of another thynge, whereof the cognysaunce belongeth to the seculer iudges [Page]and offycers, in whiche case, after that, that they be acquyte or delyuered before the seculer Iudges of suche thinges to the seculer Iudges helongyng, they shalbe sent in safegarde to the sayde ordynaryes, or their commissaryes, and to them delyuered by indentures as before, to be acquite or conuyct of suche lollardryes, errours, or heresies, as is aforesayde, after the lawes of holy churche, and that within the terme aforesayde.
Prouided alwayes that the sayd endictementes be not taken in euidence but for information before the spyrytuall Iudges agaynste suche persones so endicted, but that the ordinaries commence theyr processe agaynst such persons endicted in the same maner as though no endictmeut were, hauing no regarde to suche endictmentes.
And yf anye be endicted of heresye, erroure, or lolardrye, and taken by the Sheriffe or other officer, he shalbe let to maynpryce wythin the sayde tenne dayes by good suertye, for whom the sayde shyreffes or other officers wil aunswere, so that the sayde person or personnes whiche were so endicted, be readye to be deliuered to the sayde ordynaries or to theyr commissaries, before the ende of the sayde tenne dayes, yf he may by anye meanes for sicknes. And euerye ordynarye shal haue sufficient commissaries, or commissary dwellyng in euerye countie in a place notable, so that if any such person so endicted be taken, that the sayde commissaries or commissarie, may be warned in the notable place where he dwelleth by the shyreffe, or some of hys officers, to come to the kynges iayle in the same countie, there to receyue the same person so endicted by indentures as before. And that in the inqueste in this case to he taken, the shyreffes and other offycers, to whom it belongeth shall do to be empanelled good and sufficient persons, not suspected nor procured, that is to say, that euerye of them which shalbe so empanelled in suche inquest, haue within the realme of England. C.s. of landes, tenementes, or of rente by yeare, vpon payne to lose to the kynges vse .x.li. and they which shalbe empanelled in such inquestes in Males, euery of them shal haue to ye value of .xl.s. by yeare. And yf anye suche person be arreste, be it by the ordinary, or by the kynges officers or ministers, and escape or break the prison, before that he be acquit before the ordinarye, the goodes & tattelles which he hadde the daye of suche arreste, shalbe forfeyte to the kynge, and his landes and tenementes, whiche he had the same daye seased also into the kynges handes, the kyng shall haue the profytes therof from the sayd daye, vntyll he be yelded to the pryson frō whiche he escaped. And that the foresaid Iustices haue ful power to enquyre of al such escapes, breakyng of pryson, and also of landes and tenementes, goodes and cattels of such persons so endicted.
Prouided also that yf any such person endicted do not retorne to the sayd prison and dieth not conuicte it shalbe lawfull to his heyres [Page]to enter into ye landes and tenementes of their auncestre. without anye other pursuyt makynge to the kyng for thys cause, and then al they which haue libertyes and fraunchises royall in England, as in the countye of Chester, the countye and liberty of Durham, & other lyke, and also al ye Lordes, which haue iurisdiction and frauchisies royal in Wales, where the kynges wryttes do not run, haue power to execute and put in due executiō these articles in al poyntes by thē or by theyr officers, in like mauer as the Iustices and other the kynges officers before declared shoulde doe.
☞ An act that persons dwellinge in the countrey shal not sel diuers wares in eities or townes corporate by retayle.
☞ The .vii. Chapter.
WHere before thys tyme the aunnent tities, horughes to wnes corporat, and maiket to wnes within thys realme of Englād, haue bene very populous, & chiefly inhabited with march auntes, artificers, & handye craftes men, during which time ye childrē in the sayd cities, borowes, townes, corporat, & market townes were ciuilly brought vp, and instructed, and also in the said cities borowes and townes corporate, kepte in good order and obeysaunce, and the whabiters of the same wel set on worke, and kept from ydlenes. By reason wherof the sayde cytyes, borowes and townes corporate, dyd then prosper in riches and great wealth, & were as then not only able to serue and furnysh the kynges and quenes maiesties and othere their noble progenytours kynges of thys realme, aswell with great numbers of good able persons, and wel furnyshed meete for the warres, as also then charged, and yet chargeable with greate fee farmes, quindemes, taxes, and diuers other paymentes to the kyng and Quenes maiesties, whiche at this present they be not able to paye & beare, but to their vtter vndoinge, beynge fewe in number to paye and bear the same, but also the same cytyes, boroughes, and townes corporat, are lyke to come verye shortly to vtter dystruction tuyue, and decay, by reason whereof the occupyers, lynnen drapers wollen drapers, haberdashars, and grocers, dwellynge in the countries oute of the saide cities, boroughes, to wnes corporate, and market townes, do not onely occupie the art and mistery of the sayd sciences, in the places where they dwell and inhabite, but also come vn to the said cities, boroughes, townes corporate and market townes, and there sell theyr wares, and take away the releif of the inhabitautes of the sayd cities, borowes, to wnes corporate, and market townes, to the great decaye, and vtter vndoyng of the inhabitauntes of [Page]the same, yf sped y reformation therin be not had in time conuenient. For remedy whereof, & for the better amendment of the sayde cities, boroughes, townes corporate, and markette townes, and to thende the same cities, boroughes, and townes corporate, may be the better able to paye the said fee farmes, and also to beare the other ordinary charges within the same cities, boroughes, and townes corporare, and to furnyshe the kynge and queenes maiestyes, with numbres of able persons, like as they heretofore haue done in tymes paite, in tymes of warre.
Be it therfore enacted by our soueraygne Lorde and Ladye, the kyng and Quene, the lordes spirituall and temporall, and the commons in this present parlyament assembled, and by thauctorytye of the same, that any person or persons which do nowe inhabite & dwel or here after shal inhabite or dwell in the country any wher or countye, wt in thys realme of Englande, or of anye of the sayde cities, boroughes, townes corporate, or market townes. from & after ye feast of S. Michael tharchangel next commyng, shall not sell or cause to be fold by retayle, any wollen cloth, linnen cloth, haberdashe wares grocery wares, marcery wares, at or within anye of the sayde cities. boroughes, townes corporat, or market townes, or wtin ye suburbes or lybertyes of the sayde cities, boroughes, townes corporat, & market townes within the sayde realme of England (excpet it be in open fayres) vpon payne to forfeyt & lose for euerye tyme so offendyng the sume of .vi.s.viii.d. & the whole wares so solde, profered and offered to be solde, contrarye to the forme, entente and effect of thys present acte, as aboue is sayde, the one moyte of all whyche forfeytures to be to the vse of oure sayde soueraygne lorde and ladye the kynge and queenes maiesties, and the other halfe to hym or them that shal sease and sue for the same in anye of the kynge and queenes courtes of recorde, by byll plant, action of debt, insormation or otherwyse, wherin no essoyne, proteccion or wager of lawe shalbe allowed.
Prouided alway, that this act shall not in any wyse extende, nor be hurtful to anye person or persons, that bryng any of the sayd wollen cloth, linen cloth, haberdashe grocerye, mercery, ware or wares to anye of the sayde cities, boroughes, townes corporate, or markette townes to be solde, or cause to be solde, by whole sale, in grosse and not by retayle, but they and euery of them maye laufully sel the same in as large and ample maner, forme, and condition by whole sale in grosse & not by retayle, as they and euerye of them myght haue done at any tyme or tymes, before the makyng of thys acte. Anye thynge herein to the contrary not withstandyng.
Prouided alway that thys present acte shall not extende to any person or persons, ye now dwelor inhabyte in the coūtry, or herafter [Page]shal dwel or inhabit out of any of the sayd cities, borowes, to wnes corporate, or markete townes, but that theye, and cuerye of them at any tyme hereafter, when they or any of them shalbe free of any the guyldes, & liberties, of any the said cities, borowes, to wnes corporat, or market towns, and dwel or inhabite wichin any of the same cities, borowes, townes coruorate, or markette townes, that they and euerye of them so veyng free, shal and may sel or cause to be solde any of the wares aforesayd, by retayle in as ample and large maner as they and enerye of them might haue done, beyng free of the sayde cities, borowes, and townes aforesayde, before the makyng of thys act. Any clause or article in thys act to the contrarye notwithstandynge.
Prouided alwayes, and be it enacted by thauctoritye aforesaid that it shalbe laweful to al personnes, to sell or cause to besolde by retayle or otherwyse, al maner of cloth, lynnen or wollen of their owne makyng in euery city, boronghe, towne corporat and market towne within the realme, as frelye and franklye as they might haue done before the making of thys acte. Anye thynge in the same conteyned to the contrarye hereof not withstandyng.
Prouided alway that thys act or any thinge therein conteyned shal not be prciudirial or hurtefull to the liberties, and prtuileges of the vniuersities of Cambridge and Oxford, or eyther of them. Anye thing in this acte heretofore mencioned to the contrarye notwythstandynge.
☞ An arte repealynge all Statutes, articles, and prouisions made agaynst the Sea Apostolike of Rome, synce the .xx. yeare of kyng Henry the eyghte, and also for the establishmente of all spirituall and ecclesiasticall possessions and heredicamentes conueyed to the laytie.
The eyght Chapter.
WHere as synce the .xx. yeare of kynge Henry theyghte of famous memory, father vnto youre maiestie, oure most naturall soueraygne, and gratious Ladye and Queene, muche salse and erronious doctryne, hath bene taught, preached, and written partly by diuers the hatural borne subiectes of this realme and partly beynge brought in he ther from fondrye other forreyne countreyes hath bene sowen & spred abroad within the same. By reason whereof al wel the spiritualtie as the temporaltie of your highnes realmes and dominions haue fwerned from the obedience of the sea Apostolyke, and declyned from the vnitie of Christes churche, and so haue [Page]continued vntyl suche time as your maiestie beyngfyrst reysed vp by God, and set in the seate Royall ouer vs. and then by his deuine and gratious prouidence knit in mariage with the moste noble and bertuous prynce, the king our soueraigne lorde your husbande the Popes holines and the Sea apostolike sent hither vnto your maiesties (as vnto persons vndefried, & by gods goodnes preserued frome the common infection aforesayd) and to the whole realnie, the moost renerende father in God, the Lorde Cardinall Poole, Legate de latere, to cal vs home agayne into the ryght way, from whence we haue al this longe while wandred and strayed abroade. And we after sundry longe, and greuous plagues and calamities, seynge by the goodnes of God our owne exrours, haue knowledged the same vnto the sayde moost 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 church, and vpon our humble submission and promise made for a declaration of our repentaunce. to repeale and abrogate suche actes and statutes as had bene made in parlyament synce the sayd .xx. yeare of the sayd kynge Henrye the ryght, against the supremacy of the Sea apostolike, as in our submission exhibited to the sayd moste reuerende father in God, by youre maiesties appeareth. The renor wherof ensueth.
We the lordes spititual and remporall, and the commons astembled in this present parlyament, representyng the whole body of the realme of Englande, and the dominions of the same, in the name of our selues perticulerly and also of the sayde body vniuersallye in this our supplication directed to your maiesties with most humble suyte that it may by youre graces intercession & meane be exhibited to the mooste renerende father in God, the sorde cardynall Poole legate. sent spetiallye hyther from our mooste holye father pope Iuly the thyrd, and the Sea apostolyke of Rome, do declare our selues very fory and repentaunte, of the feisme and disobedience, committed in thys realme & dominions aforesaid against ye said Sea of apostolike eyther by making, agreing, or executing any lawes, ordinaunces, or commaunde mentes agaynst the suprentacye of the sayd sea, or other wyse doyng or speakyng, that myght impugne the fame: offerynge our selues, & promising by thys our supplication, that for a token and knowledge of our sayd repentaunce, we be and shalbe alwayes redy vnder and with thauctorities of your maiesties, to the vtter most of our poweres, to do that shall lye in vs, for the abrogation and repealyng of the sayde lawes and ordinaunces in thys present parlyament aswell for our selues as for the whole bodye, whome we represente, whervpon we moost humblye desyer your maiestyes as personages vndefiled in offence of hys bodye towardes the sayd Sea, whych neuertheles god by hys prouydence, hath made subiect to you, so to [Page]set forth this our most humble suyte, that we maye obtayne from the Sea apostolike, by the sayde moost reuerend father, as well perticuserly, 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 may as children repentaunte, be receiued into the bosome and vnitie of Christes churche, so as this noble realme with al the membres thereof, may in this vnitie, and periecte obedience to the Sea apostolyke, and Popes, for the tyme veynge, serue god and your maiesties, to the furtherance and aduaimcemēt of his honor and glorye. We are at the intercession of your maiestyes by thauctoritie of oure holye father Pope Iuly the thyrde, and of the Sea apostolike, assoiled, discharged, and deliuered from excommunication, interdictions and other censures ecclesiasticall, which hath hanged ouer oure heades for oure sayde defaultes synce the tyme of the sayde schisme mentioned in our supplication. The whiche tyme the sayde lorde Legate and we do all declare, recognyse, and meane by thys act to be onely since the .xx. yeare of the raigne of your moost noble father kyng Henry the eyght. It maye nowe lyke your maiesties, that for the accomplishment of oure promyse made in the sayde supplication, that is, to repeale all lawes & statutes made contrarye to the sayde supremacy and Sea apostolyke, duryng the sayd scisme, the whiche is to be vnderstande, synce the .xx. yeare of the raygne of the sayd late kyng Henry theyght, and so the sayd lorde Legate doth accept and recognise the same.
Where in the parliament begonne and holden at Westminster in the .xxi. yeare of the raygne of the late kynge of most famous memory kyng Henry theyght, one act was then and there made agaynste pluralities of benefices, for takynge of farmes by spyritual men and for none residence, in the which act amongeste other thynges it was ordeyned and enacted that yf any person or persons, at any tyme after the fyrst day of Apryll in the yeare of our Lorde God a thousand fyue hundred and thyrtye contrary to the same acte, shoulde procure and obteyne at the courte of Rome, or els where anye lycence or lycences, vnion, tolleration, or dispensatyon, to receaue or take anye more benefices with cure, then was limitted and appoynted by the same acte, or els at any tyme after the sayde daye shoulde put inexecution any suche licence, tolleration, or dispensation, before that time obteyned contrarye to the sayde acte, that then euery suche person or persons so after the sayd day, suyng for hym selfe, or receauynge, and takyng suche benefice by force of suche lycence or lycences, vnion, tolleration, or dispensation, that is to saye, the same person or personnes onely, and no nother, should for euery such defaulte, incurre the daunger, payne and penaltie of, xx.li. sterl. and shoulde also loose the whole profites of euerye suche benefice or benefices, as he receaueth, or taketh [Page]by force of any such licence or licences, vnion, tolleration, or dispensation. And where also in the sayd acte it was ordeyned and enacted, that yf any person or persons dydde procure, or obteyne at the courte of Rome, or els where anye maner of lycence or dispensation to be no [...]e residēce at their dignities, prebend, or benefices, contrary to the sayd acte, that then euery suche person or personnes puttynge in execution anye such dispensation, or licence for him selfe frome the saȳde fyrst daye of Apryll, in the sayde yeare of our Lord God, a M. syue hundred and thirtye, woulde runne and incurre in the peualtye damage, and payne of .xx.li. ster. for euerye tyme so doynge to be forfeyted and recouered, as by the sayd act is declared. And yet such licence or dispensation so procured, or to be putte in execution, to bee boyde and of none effecte, as by the same acte more playnelye it doth and may appeare.
Be it enacted by thauctoritie of this present parlyament, that as muche only of the sayde aete, as concerneth the articles and clauses aforesayd, and al and euery the wordes and sentences conteyned in the sayd act, concernyngs the sayde articles and clauses, and euerye of them shal from henceforth be repealed, adnulled, reuoked adnihilated, and vtterly made voyde for euer. Any thinge in the sayde acte to the contrary in any wise notwithstandynge.
And where also at the session of the same parliament holden vpon prorogation, in the .xxiii. yeare of the raygne of the sayde late kynge Henry theyght, one act intituled: the act that no person shalbe cyted out of the diocesse where he or she dwelleth, except in certayne caces And where also at the sayd parliament, in the session holdē at Westminster vpon prorogation the .xxiiii. yeare of the raygne of the sayde late kyng Henry theyght, one act was made that appeales in suche cases as hath ben vsed to be puriued to the sea of Rome, shoulde not from he free forth be had nor vsed but within this realme. And where also at the sayd parliament holden at Westminster, in the .xxi. yere of the raygne of the sayd late kyng Henry the eighte, and there contynued by diners prorogations vnty the .xxiiii. daye of Apryll, in the xxvii. yere of his raigne, one act was made concerninge restrayntes of paymentes of annaties, and firste fruites of archebyshopryckes, and byshopryckes of the Sea of Rome. And where at a Session of the sayde parlyament, holden in the .xxv. yeare of the raygne of the sayde late kyng, there was also one acte made, intituled, the submission of the clergye to the kynges matestyes, and one other art entituled, one acte restraynynge, the sayde paymentes of annaces, or lyrste frutes to the byshop of Rome, and of the electyng and cousecratyng of the arch byshoppes and byshoppes wythin thys reaime. And one other act was then and there made entituled: an act concernyng the exoneration of the kynges subiectes, from exactyons & impos [...]tons [Page]before that time payed to the Sea of Rome, and for hauing licences and dispensations within this realme, withoute suynge further for the same.
Be it enacted by thauctoritie of this present parliamente, that the sayde seuerall actes made for the restraynt of paymente of the fayde annates, and fyrste fruites, and all other the sayde actes made in the sayd .xxiiii. and .xxv. yeres of the raygne of the sayde late kynge, and euery of them, and al and euery braunch, article, matter, and sentēce in them, and euerye of them conteyned, shalbe by auctorytye of thys present parliament from hence forth vtterly voyde, made frustrate and repealed, to al intentes, constructions and purposes.
And be it further enacted by thauctority of thys presente parliament, that al and euery these actes folowynge. That is to saye, one act made at the session of the sayd parliament holden vpon prorogation at West. in the .xxvi. yeare of the raygne of the sayde late kynge Henry theyght, entituled an acte, concerning the kinges highnes to be supreme head of the church of Englande, and to haue auctorytye to reforme and redresse al 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 Suffraganes within this realme. And one other acte made in the .xxvii. yeare of the raigne of the sayd late kyng Henry the eighte, entituled, an acte wherby the kynge shoulde haue power to nominate .xxxii. persones of his Clergy and Laye fee for the makynge of Ecclesticall lawes. An also one other act, made at the parliamente holden at Westminster in the .xxviii. yere of the raygne of the sayd late kynge Henry the eyghte entituled, an acte extinguishinge the auctorytye of the Bysshop of Rome. And one other act made in the same parlyament, entituled, an acte for the release of suche as then had obteyned pretended licences, and dispensations from the Sea of Rome. And also all that parte of the acte, made in the sayde .xxviii. yeare of the sayde kynge, entituled, an acte for the establishemente of the Succession of the imperiall crowne of the realme, that concerneth a prohibition to marry 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 raygue of the sayde late kynge Henrye the eyghte, entituled, an acte auctorysynge the kynges hyghnes 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 vpō prorogation, the .xxxii. yeare of the reigne of the sayde kynge Henry the eyghte, entituled, and acte concerninge precontractes of martyages, and touching degrees of consangumitie. And one other act made in the parliament holden at Westminster, in the .xxxv. yeare of the reygne of the sayd late king Henry theyght, entituled, an acte for [Page]the ratificatyon of the kings maiesties stile, shal henceforth be repealed, made frustrate, voyde, and of none effect. And where also at the fayd parlyamēt holden at Westminster in the .xxxv. yere of ye raigne of the sayd late kyng Henry theyght, one othere act was made entyteled: an act concernyng the stablishment of the succession of the sayd king in the imperiall crowne of this realme. In the which act there is a forme of a corporall othe deuised and sete furth, that euerye subiect of this realme should be bounde to take agaynst the power, auctoritie and iurisdictyon of the sea of Rome. Be it enacted by thaucthoritie of this prefent parlyament that so muche of the sayde acte as toucheth the sayde oth against the supremacy, and al othes therevpon had, made, & geuen shalbe from henceforth vtterly voyde repealed and of none effect. And wher also one other act was made in the xxxvii. yere of the raigne of the sayde late king Henrye theyght entytuled an act that doctours of the cyuyl law, being maried might exrecise ecclesiastical iurisdiction. Be it enacted by thauctoritie of this present parlyament, that the sayde act last before mentioned, and all and euerye braunche, article, sentence and matter, conceyned in the same, shal from henseforth be repealed, and vtterly made voyd, and of none effecte.
And where one other act was made at the fyrst yere of the parliament, holden at Westminster, in the fyrst yere of the rayne of kyng Edwarde the syxt, entituled an act for the repeale of certayne Statutes, concerning treasons, fellonies. &c In the which act amongest other thyngs ther is conteyned certeyne prouysyons, paynes, penal tyes, and forfeytures for and agaynst suche, as should by open preachynges, expres wordes, sayinges, wrytynge, pryntynge ouert dede, oracte affirme, or set furth that the kyng of thys realme, for tyme beyng, is not or ought not to be supreame head in earth, of ye churches of England and Ireland, ne of anye of them, or that the byshoppe of Rome or any other personne or persons, other then the kyng of England for the tyme beyng, is or ought to be supreame heade of ye same churches, or any of them, as in the same act last before rehearsed, and at large is conteyned and maye appeare. Be it enacted by auctority of this present parlyament, that these clauses before rehearsed, and other of the sayde act, conceruyng the supremacy, and all and euerye braunche, artycle, wordes, and sentence in the same soūdyng, or tendyng to the derogatyon of the supremacy of the popes holynes, or the sea of Rome, and al paynes, penalties, & forfeytures, made agaynst them that should by any meanes set furth, or extol the sayd supremacy shalbe from henceforth vtterly voyde and of none effect.
And be it further enacted by thauctoryty aforesayd, that al clanses, sentences, and articles of euerye other statute, or acte of Parlyment made sithence the sayde .xx. yeare of the raygne of kyng Henry [Page]theyght, agaynste the supreame auctoritie of the Popes holynes, or Sea apostolike of Rome, or conteining any other matter of the same affect only, that is repealed in any of the Statutes aforesayde, shalbe also by auctoritie hereof from henceforth vtterly voyd, frustrate and of none effecte.
And where we your most humble subiectes, the lordes spyrytual and temporall, and commons in this present parliamente assembled, haue exhibited to youre maiesties one other supplycation in fourme folowing.
We the lordes spyritual and temporal, and the commons in this present parliament assembled representinge the whole bodye of this realme, reduced and receiued by your maiesties intercession to the vnitie of Christes churche, and the obedience of the Sea apostolike of Rome, and the Popes holynes gouerning the same, make most humble suite vnto your maiesties, to be likewise meanes and intercessors that all occasions of contention, hatred, grudge, suspition, and trouble both outwardly and inwardly in mens consciences, which might arise amongest vs, by reason of disobedience, may by auctoritie of the Popes holines, and by ministration of the same vnto vs, by the most reuerend father in god, the lord Cardinal Poole, by dispensation toleration or permission respectiuely, as the case shal requyre, be abolyshed and taken away, and by aucthoritie sufficient these articles folowyng, and generally all others, when anye occasion shall so requyre may be prouided for, and confyrmed.
Fyrst that al byshoprickes, cathedrall Churches, hospitales, colleges, scholes, and other such foundations nowe continuing, made by auctoritye of parlyament, or otherwise established, accordinge to the order of the lawes of this realme, sithence this schisme may be confirmed and continued for euer.
Item that mariages made infra gradus prohibites consanguinitatis, affinitatis cognationis spiritualis, or whiche might be made voyd propter impedimentum public [...]e bonestatis iustitiae, or for any other cause prohibited by the canons only may be confirmed, and children borne of those mariages declared legittimate, so as those mariages were made accordinge to the lawes of the realme for the tyme beinge, and be not directelye agaynste the lawes of God, nor in such case as the Sea apostolyke hath not vsed to dispence withal.
That institutions of benefices, and other promotions ecclesiasticall and dispensations made according to the forme of the act of parliament, may be lykewyse confyrmed.
That all iudiciall processes, made before anye ordinaries of thys realme, or before any delegates vpon any apeales, according to thorder of the lawes of the realme, may be likewise ratified & confirmed And finallye where certayne actes and statutes haue bene made in [Page]the tyme of the late scisme, concernyng the landes, and hereditamentes of Archbysshopryckes, and Bysshopryckes, the suppression, & dissolution of monasteries, Abbeyes, pryoryes, chauntries, colleges, & al other the goodes and cattels of religious houses. Synce yt whyche tyme, the ryght and dominion of certaine landes, and hereditamentes, goodes, and catteles, belongynge to the same, be dyspersed abroade, & come to the handes, and possessions of diuerse and sondry persons, who by gyfte, purchase, exchaunge, & other meanes accordyng to the order of the lawes and statutes of thys Realme, for the tyme beynge haue the same. For the auoydynge 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 mediatours, to the sayd mooste reuerend father, Cardynall Pole, that all suche causes, and quarels as by pretence of yt sayde scyme, or by any other occation, or meane whatsoeuer, might be moued by the Popes holynes, or Sea Apostolyke, or by any other iurisdiction Ecclesiasticall, maye be vtterly remoued, and taken awaye so as all persons hauing sufficient conueyaunce of the sayd landes, and hereditamentes, goodes and cattels, as is aforesayd, by the common lawes actes, or Statutes of this realme, may without scruple of conscyence, enioye them withoute impechmente or trouble by pretence of anye generall counsayle, Canons, or Ecclessastical lawes, & cleare from al daungers of the censures of the Churche.
And comformably herevnto, the Bysshoppes and Cleargy of the prouynce of Catorbury haue presented to your maiesties a supplication, in this tenour that foloweth.
Nos Episcopi & clerus Cantuariensis prouinciae in hac Synodo more nostro solito, dum Regni parliamentū celebratur, congregati, cum omni debita humilitate & reuerentia, exponimus Maiestatibus uestris, quod licet Ecclesiarum, quibus in Episcopos, Decanos, Archidiaconos, rectores, & uicarios praefecti sumus, & animarū, quae & nobis curae nostrae subiectae sunt & earundem bonorum iurisdictionum, & iurium, ex sacrorum Canonum dispositione, defensores, & curatores constituti sumus & prop teria ipsarum bona iurisdictionis, & iura in pernicioso huius Regni prae terito scismate deperdita & amissa, omni studio, & totis nostris uiribus recuperare & ad pristinum Ecclesiarum ius reuocare, iuris remedijs niti deberemus: Nichilominus tamen habito prius per nos super hac re maturo Consilio, et deliberatione ingenue fatemur; nos optime cognossere, quam haec bonorum Ecclesiasticorum difficilis & quasi impossibilis esset recupe ratio propter multiplices ac pene inextricabiles super hijs habitos contrac [...] [Page]sitiones & quod si ea tentaretur, quies et tranquillitas Regni facile pertutbaretur, & unitas Eeclesiae Catholicae, quae iam pietate, & aucthoritate Maiestatum uestrum hoc in regno introducta est, cum maxima difficultate suum debitū progressive, & sinem sortiri posset. Ideo nos bonum & quietem publicam priuatis commoditatibus, & salutem tot animarū praetioso Christi sanguine redemptarum terrenis bonis anteponentes, & non quae nostra, sed quae Iesu Christi sunt quaerentes, Maiestates uestras enixe rogamus, eius (que) humiliter supplicamus, ut reuerendissimo in Christo patri, domino Reginaldo Cardinali Polo, ad ipsas, & uniuersum hoc Anglie regnum sanctissimi domini nostri, Domini Iulij, Papae tertij, & Apostolicae sedis de latere legato, haec nomine nostro insinuari, & apud eum intercedere dignentur, ut in hiis bonis Ecclesiastisis in parte, uel in to to arbitrio suo iuxta facultates sibi ab eodem sanctissimo domino uostro Papa concessas eorundem bonorum detentoribus elargiendes et relaxandis publicum bonum priuato pacem et tranquillitatem dissidijs, & per tur bationibus, at (que) animarum salutem bonis terrenis preferre, & anteponere uelit. Nos enim in omnibus quae ab ipso legato statuta, et ordinata circa haec bona fuerint exnunc, prout extunc, et econtra consensum nostrum prestamus, imo etiam ut in premissis se difficilem aut restrictum red dere non uelit, maiestates uestrae nostro nomine eum hortari, & rogare dignabuntur. In super maiestatibus uestris supplicamus ut pro sua pietate efficere dignentur, ut ea quae adiurisdictionem nostram et libertatem Ecclesiasticam pertinent, sine quibus debitum nostri pastoralis officij et curae animarum nobis commissae exercere non possumus, uobis superiorum temporum iniuria ablata restituantur, et ea nobis, et Ecclesij perpetuo illesa et salua permaneant, et ut omnes leges, quae hanc nostram iurisdictionem, & libertatem Ecclesiasticam tollunt, seu quouis modo impediunt, abrogentur ad honorum dei, et maiestatum uestrarum, et uniuersi huius Regni Spirituale, et temporale, commodum, & salutem, certam spem etiam habentes, Maiestates uestras, pro sua singulari in ipsum deum pietate pro (que) multis et in signibus ab ipsius dei bonitate acceptis beneficijs necessitatibus, & in commodis huius sui Regni Ecclesiarum maxime curam ammarum habentium nunquam defuturas esse, sed prout opus fuerit, consulsuras at (que) prouisuras.
Forasmuch as the sayde mooste reuerende father, the Lorde Legate, at the intercession of your maiesties hath by thauctoritie of the Sea Apostolike, sufficiently dispensed in the matters specifyed in the sayd seueral supplications, as in his sayd letters of dispensatyon is conteyned more at large. The tenor wherof ensueth.
Reginaldus miseratione d uina Sanctae Mariae in Cosmodin Sanctae Romanae Ecclesiae, Diaconis, Cardinalis Polus nuncupatus, ad Serenissimos Philippum & Mariam, Angliae, Reges, fidei defensores, et umuersum Angliae regnum, Sanctissimi Domini nostri Papae, et sedes Apostolicae de la tere legatus eisdem Serenissimis Philippo et Mariae Regibus salutem in Domino sempiternam. Cum supremum cōsilium istius Regni parliamētū nuncupatum Maiestatibus uestris, per suos supplices libellos exposuisset quod perniciocissimo scismate, in hoc regno alias uigente, quod nunc dei misericordia, & maiestatum uestrarum pietate extinctum est, aucthoritatem ipsius parlamēti, non nulli Episcopatus diuisi, & ex his aliquae infe riores Ecclesiae, in cathedrales erestae, et scolae, atque hospitalia fundata nec non plurimae dispensationes et beneficiorum prouisiones factae fuerūt ac multae personae quibus persuasum fuerat, luris Canonici dispositiones hoc in Regno amplius locum non habere, inter se in gradibus consanguinitatis uel affinitatis de iure prohibitis, & alijs impedimentis Canonicis sibi obstantibus matrimonia, per uerba de presenti cōtraxerunt, et multis actus iudiciarij, & processus, tam in primis, quam ulterioribus instantijs super rebus spiritualibus, & Ecclesiasticis coram iudicibus tam Ordinarijs quam delegatis, qui aucthoritate laicali procedebant, habiti & seruati, ad super eis etiāsētētiae 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, quam in quo nunc sunt, reuocarentur, publica pax & quis uniuersi regni turbaretur, et maxima confusio orietur, persertim si dictorum bonorum possessoresmolestarentur, et proptere amaiestatibus uestris humiliter supplicauerint, ut apud nos intercedere dignētur, ut premissarum rerum firmitari, et stabilitati, et simul huius Regni quieti, et tranquillitati de benignitate Apostolica prouidere uelimus. Cunque Episcopi quoque deinde, ac reliquus prouinciae Catuariensis Clerus totū fere corpus Ecclesiasticorum regni representus, ad quos haec bonorum Ecclesiasticorum causa maxime pertin et, exposuerint, quod haec bona adius ecclesiarum reuocare nō possūt, quin pax vniuersalis, & quies huius regni turbetur, et causa fidei at (que) unitatis Ecclesiae, iam tota omnium consensu hoc in regno in troducta, in maximum periculum adducatur, et propte reaipsi quoque supplicauerint, ut apud nos intercedere uelint, ut in his bonis Ecclesiasticis possessoribus relaxandus restricti et difficilis esse nollemus, maiestatis autem uestrae, ad quas maxime spectat prouidere ut regnū ipsarū potestari regimini et curae commissum in pace et tranquillitate cō seruetur. [Page]His supplicationibus et postulatis cognitis et mature consideratis iudicauerit ea omnia, et maxime illa, quae in bonorū ecclesiastitorum causa petuntur, pro causa fidei et pro pace publica, per nos de bere sine ulla dilatione concedi, et quēadmodū rogatae fuerunt, apud nos intercedere dignatae fuerint, pro ut in supplicationibus per idem supremū cōsiliū, et episcopos ac clerum praefatū maiestatibus uestris porrectis, atque in libello intercessiones per easdem maiestates uestras nobis simul cum alijs supplicationibus exhibito, latius apparet. Id circo nos qui ad maiestates uestras et hoc uobilissimum uestrum regnum a Sanctissimo Domino nostro Iulio Papa tertio ipsius et sedis Apostolicae de latere legati missi sumus, ut regnū istud, quod iam diu ab ecclesiae Catholicae unitate separatū fuerat. Deo et Ecclesia Christi, eius (que) in terris uicario reconciliaremus: et ut ea omnia quae ad pacē et tranquillitatem huius regni pertinerēt, omni studio procuraremus, post quā dei benignitate, et maiestatem uestrarū pietate, per authoritatē eiusdem Sanctissimi Domini nostri Papae, cuius uices hic sustinemus, reconciliatio iam facta est, ut paci et tranquillitati regni praefati consulamus, atque ut unitas ecclesiae, ex qua salus tot animarum praecioso Christi sanguine redemptarum dependet, hoc in regno iam introducta corrobaretur, & salua permaneat, cum utrius (que) rei stabilitatem in eo maxime consistere, si horum Ecclesiasticorum bonorum possessoribus mo lestia nulla in feratur quo nimus ea teneant, tot et tam grauia testimonia nobis fidem faciant, et maiestatum uestrarum intercessio, quaepro unitate Ecclesiae, et sedis Apostolicae auctoritate hoc in regno instauranda tam studiose, et tam pia elaborarunt, eam quam par est auctoritatem apud nos habeat, et ut uniuersum hoc regnum sedis Apostolicae maternam uere indulgentiā, et charitatem erga se agnoscat, et re ipsa experiatur: quoscun (que) ad quos infra scripta pertinent, a quibusuis excommunicationis, suspensio nis, et interdicti, alijs (que) ecclesiasticis sētensiis, sēsuris et paenis a iure uel ab homine quauis occasione uel causa latis, si quibus quomodo libet innodati existunt, ad effectum presentium dum taxat consequendum harum serie absoluentes, et absolutos fore censentes, aucthoritate Apostolica, per litteras Sanctissimi domini nostri, domini Iulij Papae tertij nobis concessa, & qua fungimur in haec parte, tenore praesentium dispensamus, quod omnes et singulae Cathedralium Ecclesiarum erectiones, hospitalium, et scolarū, fundationes tempore praeteriti scismatis, licet de facto et nulliturattētatae ineo statu, in quo nunc sunt, perpetuo firmae et stabilis 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]omnibus et singulis personis regni predicti, quae in aliquo consanguinitatis uel assinitatis gradu etiam multiplici, uel cognationis spiritualie, seu publicae honestatis iusticiae impedimento de iure positiuo introductis, & in quibus sanctissimus dominus noster Papa dispensare consueuit matrimonia scienter uel ignorantur de facto contraxerint ut alique impedimen torum premissorum, non obstante in eorum matrimonijs, sic contractis libere & licite remanere, seu illa de nouocontrahere possint, missericorditer in domino dispensamus, prolem susceptam, suscipiendam ligitimam, de cernentes, ita tamen ut qui scienter et malitiose contraxerint, a sententia excōmunicationis, et ab incestus seu sacrilegij reatu, absolutionē a suo ordinario, uel curato, quibus id faciendi facultatem consedimus, obtineant, ac omnes Ecclesiasticas seculares, seu quorumuis ordinū regulares personas quae aliquas impetrationes, dispensationes, concessiones, gratias et indulta tam Ordines, quam beneficia Ecclesiastica, seu alias spirituales materias praetensa aucthoritate supremitatis Ecclesiae Anglicanae licet nulliter et de facto obtinuerint, et ad cor reuersae Ecclesia unitati restitutae fuerint, in suis Ordinibus, & beneficijs per nos ipsos, seu a nobis ad id deputatos, misericorditer recipiemus, pro ut iam multae receptae fuerūt, secun (que) super his opportune in Domino dispensabimus: Ac omnes processus inquibusuis instantijs coram quibusuis iudicibus, tam ordinariis quam diligatis etiā laicis super materijs spiritualibus habitos & formatos, & sentētias super eis latas, licet nulliter et de facto, quo ad nullitatem ex defectu iurisdictionis praefato tantum in surgentem sanamus, illos (que), et illas aucthoritie Apostolica confirmamus: Ac quibusuis huius regni personis, ad quarū ma nus bona Ecclesiastica ex quocun (que) contractu seu titulo onoroso uel lucra tiuo iam deuenerint, illaque tenuerint, seu etiam teneant, omnes, & quos cum (que) fructus ex eiusdē bonis, licet indebite perceptos, in totē remittimus & relaxamus. Volentes ad decernentes, quod dictorum bonorum Ecclesi asticorum tam mobilium quam immobilium possessores presatinō possint in presenti nec in posterum, seu per consiliorum generalium, uel prouincialium dispositiones, seu decretales Romanorum pontificum Epistolas, seu aliam quamcun (que) censurā ecclesiasticā in dictis bonis seu eorundē possessione molestari, inquietari, uel perturbari, nec eis aliquae sēsurae uel paenae ecclesiasticae propter huiusmodi detentionem, seu non restitutionē irrogari uel insligi, & sic per quoscunque iudices, & auditores sublata eis qua suis aliter iudicandi et interpretandi facultate, et auctoritate iudicari et diffinire debere, & quicquid secus attemptari contigerit, irritum et inane fore decernimus, non obstantibus praemissis defectibus, & quibusui: [Page]Apostolicis, ac in prouincialibus, et sinodalibus concilijs editis, specialibus uel generablibus constitionis, & ordinationibus, caeterisque contrarijs quibuscunque. Admonemus tamen cū diuiso Episcopatum, & erectio Cathedralium Ecclesiarum sint de maioribus causis, quae summo pontifici sunt reseruatae recurrendum esse ad suam sāctitatem, & ab easuppliciter postu andum, ut haec confirmare, seu de nouo facere dignetur. Et licet omnes res mobiles Ecclesiarum indistincte ijs, qui eos tenent lelaxauerimus, eos tamen admonitos esse uolumus, ut aut oculos habentes diutni iudicij seueritatem contra Balthasarem Regem Babilonis, qui uasa sacra non a se, sed a patre e templo ablata in prophanos usus conuertit ea proprijs Ecclesiis si extant, uel aliis restituant. Hortantes etiam, & per uisera misericordiae Iesu Christi obtestantes eos omnes, quos haecres tangit, ut salutis suae non omnino immemores, hoc saltem efficiant, ut ex bonis Ecclesiaslicis, maxime ijs, quae ratione personatuum et uicariatuum populi ministrorum sustentatio fuerint spesi aliter destinata, seu alijs Cathedralibus, & alijs quae nunc extant, inferioribus Ecclesijs curam anima rum exercentibus ita prouideatur, ut earū pastores, personae et uicarii cō mode, & honoste iuxta eorum qualitatem, & statum sustentari possint, & curam animarum laudibiliter exercere, & onera incūbentia congrue supportare Datum Lambeth prope Londinum VVintonien̄. Diocess. Anno Natiuitatis domini Millesimo, quingentesimo, quinquagesimo quarto Nono Cal. Ianuarij Pontif. Sactissimi in Christo patris, & Domini nostri, Donini, Inlij diuina prouidentia Papae tertij. Anno quinto.
Reginaldus Cardinalis Polus Legatus
We the sayd lordes spirituall and temporal, and commons in this present parlyament assēbled, rendring most humble thankes to you: maiesties, by whose intercession and meanes we haue obteyned the sayd dyspensations of the popes holynes by the sayd most reuerend father in god, his legare, most humbly besecheth the same, that it may be ordeined as foloweth.
And therefore be it enacted by thauctoritie of this present parliamēt that al, & smguler articles & clauses conteined in the said dispensatiō as well touching the establyshment of Byshopryckes, and cathedrall churches, as also the confirmation of marriages in degrees prohybited by the canons of the churche, the legittimation of chyldren, and the catification of processe, and of sentences in matters ecclesiastical, touchyng the iuualiditie of them for wante of iurisdiction, and the in stitutions and distitituons. of. and in benefices and promotions eccle siasticall, dispensations, and graces, gyuen by such order, as the publike lawes of the realme then approued, and all other thinges before [Page]conteyned in the sayd letters of dispensations, shall remayne & be reputed and taken, to al intentes and cōstructions in the lawes of this realme, lawefull, good, and effectuall to be alleged and pleaded in all courtes ecclesiasticall and temporall, for good and sufficiente matter, eyther for the playntyfe or defendaunt, without any allegation, or obiection, to be made against the validitie of them, by pretence of any generall counsaile, canon, or decree, to the contrary made, or to be made in that behalfe.
And where as diuerse and sondrye late Monasteryes, Pryoryes, Commaundryes, Nonneryes, Deaueries, Prebendes, Colleges, Hospitales, Houses of fryers, Chauntryes, and other religyous and eccle siasticall houses and places, and the manours, graunges, mesuages, landes, tenementes, rectoryes, tythes, pentions, portions, vycareges, churches, chappels, aduousoues, nominations, patronages, annuities rentes, reuertions, seruyces, and other possessions, and hereditamentes to the sayd late monasteries, priories, nonneries. commaundryes, deaneryes, chauntryes, prebendes, houses of fryers, colleges, Hospytalles, and other religious and ecclesiastical houses and places and to fondry Archebyshopryckes, and Byshopryckes within thys Realme, late appertaynyng and belongyng, came aswell to the handes & possession of the sayde kynge of famous memorye Henrye eyghte, father vnto your maiestie, our said soueraigne Ladye, by dyssolution, gyfte graunt, surrendre, attaynder, or otherwyse, as also to the handes and possession of diuers and sondrye other persones, 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 possessyons of Archbysshoprickes and byshoprykes, and manye and sondrye late deaneryes, colleges, chauntryes, rectories, Prebendes, Free Chappells, Gnyldes, and Fraternytyes, manours, houses, Graunges, landes, Tenementes, rent̄es, Seruices and other Ecclesiasticall possessions, and heredytamentes, goodes, and cattels to the said Archbysshopryckes, Bysshopryckes, deaneries, colleges, chaunteryes, free chappels, rectories guyldes, and fraternities late appertayning and belongynge or appointing, to and for the fyndyng of pryestes obyttes, lyghtes or other lyke purpose, came as wel to the handes & possession of the late noble kyng Edward the sixr 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 fondry meanes, conueyaunces, and assuraunces, accordyng to the ordre of the lawes of this realine: a gret nomber of which said late monasteries, priories, nonneries, commaundres, deancryes, colleges, hospytales, prebendes, chaunteryes, free chappeles, guyldes, [Page]and fraternities, & the mannours, graunges, mesuages, landes, tenementes rentes, reuertions, seruices, tythes, pentions, portions vica reges, churches, chappels, aduousons, nominations, patronages, an nuities, and hereditaments, goodes, and cattels, to the said monaste tyes, pryories, nonneries, commaundries, deaneries, colleges, hospitalles chauntries, fre chappels, guyldes, fraternities, and other ecclesiasticall houses, Archbysshoprickes, and Byshoprickes belonging as well for great sommes of moneye, as for other good, and reasonable causes, and considerations, haue beue conueyed and assured to diuerse the subiectes, and bodyes politike of this realme, aswell by the sayd kyng Henry theight, the said kynge Edwarde the sixte, and by your highnes our soueraygne Lady, and ioyntly by both youre maiesties, as also by dyuerse the owners of the said ecclesiasticall possessions, which sayd conueyaunces, and assuraunces by their sondrye letters patentes, and other wrytinges, more plainely do and maye appeare. Forasmuch as the sayd most reuerend father hath also by the said dispensations, remoued and taken away al matter of empeachment, trouble, and daunger, which by occasion of any generall counsayle, canon, or degree ecclesiasticall myghte touche and disquite the possessions of such goodes moueable, landes, tenementes, possessions and hereditamentes, as were of late belongynge to anye of the sayde Archbysshopryckes, Byshoprikes, monasteryes, pryoryes, nonneries commaundries deaneryes, colleges, chauntryes, prebendes, rectories, hospitales, houses of fryers, or other religious and ecclesiasticall houses, and places of what nature name, kind, or qualitie soeuer thei be of. Yet for that the title of al landes, possessions, and hereditamentes in this your maiesties realme and dominions, is grounded in the lawes, statutes and customes, of the same, and by your high iurysoiction, aucthoritie royall, and crowne imperial, and in your courtes onlye to be impleaded, ordered, tryed, and iudged, and none otherwise and vnderstandyng, that the whole full and most gratious intentes mynd and determination of your most excellent maiesties be, that al and euery person and persons, bodyes polytyke, and corporate, their heyres, successours, and assignes, and euerye of them, shall haue, kepe, retayne and enioye al, and euerye their estates ryghtes, possessions, and interestes, that they and euerye of them nowe hath, or hereafter shall haue, of, and in al and euery the mannours, graunges, mesuages landes, tenementes, tythes, pencions, portions, aduousons, nominations, patronages, annuities, rentes, reuersions, scruices, hundredes wapentakes, liberties, fraunchises, and other the possessyons, and he reditamentes of the sayd monasteries, abbeyes, proryes, nonneries commaundries, deaneries, colleges, prebendes, hospitales, houses of fryers, chauntryes, rectoryes, vycareges, churches, chappelles, arch bysshopryckes, and Bysshoprikes, & other religious or ecclesiasticall [Page]houses and places or of any of them within this realme, or the domynions of the same by suche lawes and statutes, as were in force before the fyrst daye of this present Parlyament, and by other lawefull conueyaunce to them thereof made.
That it may be therfore enacted by thaucthoritie of this presente parliament, that aswell your maiestie soueraigne Ladye, your heyres and successours, as also all, and euery other person & persones bodies polytyke and corporate, their heires, successours, & assygnes nowe hauynge, or that hereafter shall haue, holde or enioye anye of the seytes of the sayd late monasteries, and other the religious or ecclesiastycall houses or places, and al the said manours graunges, mesuages lands, tenementes, tithes, pentions, portions, glebelandes, aduousonnes nominations, patronages, annuities, rentes, reuersyons, seruyces hundredes wapentakes liberties, fraunchises, profytes, cōmodities, and other the possessions and hereditamētes of the saide late monasteries abbeyes, pryories, nonueries, commaundries, deaneries, colleges, prebēdes, hospitals, houses of friers, rectories, vicareges chaūteris churches, chappels, archbishoprikes, bisshoprikes and other religious & ecclesiasticall houses and places, or of anye of thē of what name, nature or kynde soeuer they be, shall haue, holde, possede, retaine kepe & enioye all and euery the sayde scites, mannours, graunges, mesuages, landes, tenemenees possessyons, profyttes, commodities, & other hereditamentes, accordynge to suche interestes and estates, as they and euery of them nowe haue, or holde, or hereafter shal haue or holde of and in the same by the dewe ordre and course of the lawes and statutes of thys realme, whiche nowe be, or were standinge in force before the fyrst day of this present Parliament, in maner and fourme, as they shoulde haue done, yf this acte had neuer bene had ne made Thys acte or any thinge herein contayned to the contrarye in anye wyse notwithstandyng.
Sauyng to you our sayd soueraigne Lady, your heyres and successours, and euerye of them, and to all and euerye other perion & persons subiectes of this realme, and bodyes politike and corporate, and to theyr heyres and successours, and to the heires and successours of al, and euery of them, other then such, whose ryghte, tytle, or intereste is bounden, or taken awaye, vndone, or extinct by anye acte of Parliament heretofore made, or otherwyse al such right, title, clayme, possession, interestes, rentes, annuities, commodities, commons offyces, fees, leases liueries, lyuynges, pentions portions, dettes, dutyes, and other proffytes, which they, or any of them lawfully haue, or of ryghte ought to haue, or myghte to haue had, in of or to anye of the premysses or in, of or to any parte or percell thereof, in such like maner & fourme and condition, to all intentes, respectes, constructions, and purposes, as yf this acte had neuer bene had ne made.
And that it may be further enacted by aucthoritie aforesaide, that al, and euery article, clause, sentence, and prouiso, conteined, or specyfyed in any acte, or actes of Parliament, concerning, or touchyng the assuraunce, or conueiaunce of any the said monasteries priories, nonneryes, cōmaundris, deaneries, prebendes, colleges, chauntryes, hospitals, houses, of fryers, rectories, vicarages, Churches, Chappeles Archbyshoprickes, and Byshoprickes, and other religyous and ecclesiastical houses, and places, or any of them, or in anyewise concerning any manuours, landes, tenementes, proffites, commodities hereditamentes, or other the thynges, before specified to the said kinge Henrye theyght, or kynge Edwarde the syxte, or either of them, or anye other person or persones, or body politike or corporate, and euerye of them and all, and euery writing, dede, and instrument, concernynge the assuraunce of anye the same, shall stande, remayne, and be in as good force, effect, and strength, and shalbe pleaded, and taken aduauntage of, to al intentes, constructions, and purposes, as the same shoulde, myght, or coulde haue bene by the lawes and statutes of thys realme in case this present acte had neuer bene had ne made.
And that al fe offamentes, fynes, surrenders, forfaytures, assuraunces, conueyaunces, estates, and interestes, in any wyse conueied, had or made to our sayd late soucraygne lord kinge Henrye theyght or to our said late soueraigne Lorde kinge Edwarde the sixte, or eyther of them, or to any other person or persōes, bodies polityke or corporate or to any of them by dede or dedes, act or actes of Parlyamente, or otherwise of any the scites, mannours, landes, tenementes, possessions profites, commodites, or hereditamentes of anye the sayde Archebysshoprikes, Byshoprikes, late monasteryes, priories, nonneries, commaundries, deaneries, houses, of fryars, colleges, chaunteryes, hospitalles, prebendes, fre chappels, or of any mannours, landes, tenementes reuertions, seruices, tithes, pentyons, portyons, annuities, or of any other hereditamentes, of by or from any ecclesiastycall or spirituall person or persons, or by, or frō any spiritual or ecclesiasticall corporation, or body politike shalbe as good & auailable in the lawe, to al intentes, constructions, and purposes, as they were by the lawes & statutes of this realme standing in force before the first daye of this present parliament. And that the same may, and shalbe pleaded, aleged & taken aduauntage of, in such sorte, and to such effect, as they shoulde could, or might haue ben by the lawes and statutes of thys Realme, standing in force before the said fyrst day of this present Parliament: And that all, and euery clause and article, of sauinge conteined in all and euery the sayd actes and statutes, shall stand, remayne, and be in such force, strength, and effecte, as they were before the sayde fyrste day of this present parliament. Any thing conteined in this presente acte to the concrary in any wyse notwithstandyng.
And that it maye be in like maner enacted by aucthoritie aforesaid that whosoeuer shal by any processe, obteined out of any ecclesiasticall court within this realme, or without, or by pretence of any spyrytuail iurisdiction, or other wyse, contrary to the lawes of this realme inqui et or molest any person or persons, or bodye politike, for any of the said manours, landes, tenementes, hereditamentes, or thynges aboue speryfyed, contrary to the wordes, sentences, and meanynge of this acte shall incurre the daunger of the act of preminere, made in the xvi. yere of kyng Richarde the seconde, and shall suffer and ineurre the forfeytures and paynes, conteined in the same.
Prouyded alway, that it shall and may be leafull to anye person or persons, body politike and corporate, to sue in any competente, ecclesiasticall or spiritual court within this realme, for tythes, ryghtes, and dueties, that they or any of them shall pretende to haue, of or oute of any the sayd manours, landes, tenementes, and other the premysses and to haue, full and perfect remedy for the fame, in suche maner and fourme, as they or any of them, mighte, or oughte to haue done, or had by the lawes and Statutes of this realme, before the makinge of this Acte, and as though this act had neuer ben had or made.
And that it may be further prouyded and enacted, by thauetoritie aforesayd, that albeit the title or stile of supremacye, or supreame hed of the churche of England and of Irelande, or eyther of them neuer was, ne coulde be iustly, or lawefully attributed or knowledged to any kynge, or Soueraygne gouernoure of thys realme, nor in anye wyse could, or might, rightfully, iustly, or lawfully, by any king or soueraign gouernour of this realm, be claimed chalēged, or vsed. Yet forasmuch as the sayde tytle and style, sythens the thyrde daye of Nouember, in the .xxvi. yeare of the raygne of the sayde kynge Henrye the eyghte, hath bene vsed, and is mentioned and conteyned in dyuers and sondrye wrytes, letters patentes, recordes, exemplyfycatyons, coute rolles, charters, dedes, instrumentes, euydences, bokes and wrytynges. It shalbe lawefull, aswell to, and for youre Maiestyes and your Soueraygne ladies heyres and Successoures, as to, and for euerye other person, and persones, and bodies politike and corporate▪ as altime and times here after, to haue, retayne, and kepe the sayd wrytes, letters patentes, recordes, exemplifications, courte rolles Charters, dedes instrumentes, euidences, bokes, and vorytynges, and them to shewe, exhibite, vse, alledge, and pleade, in all tymes and places requpsyte, or nedeful, without any daunger penaltye, losse, for feyture, trouble, vexation, or impeachment for the same, anye thynge in thys acte, or in any other acte or actes, to the contrary thereof in anye wyse notwithstandynge.
And wher your highnes Soueraygne Lady, synce your comming to the crowne of this realme, of a good and Christē conscience, omytted [Page]to write the saide Style of Supremacye, specyfyed in one Acte made in the parliament holden at Westminster by prorogation in the xxxv. yeare of the raygne of your late father kynge Henrye theyghte, aswell in gyftes, grauntes, letters patentes, as in commyssyons, and other wrytynges, and also other haue in theyr wrytynges done the same aswell in your tyme as before. And forasmuche as notwithstandyng any lawe made concernynge the sayde Style of Supremacye, it was in the free choyse, libertye, and pleasure of the kynge of thys realme, and of your hyghnes, whether ye woulde expresse the same in the sayd Style or not.
Be it therefore declared and enacted by aucthoritie of this presente parlyament, that all grauntes, letters, patentes, commissions indytementes, recordes, and wrytinges, made in youre oure Soueraygne Ladies name, or in the names of yours Soueraygne Lorde and Lady, or any other, wherein the said Style of Supremacye is omytted is, and shalbe, to all intentes and purposes, as good and effectuall, as yf the same had bene therein expressed, & may be deteined, kepte, pleaded, and alleged, without any daunger, paine, penaltie, or forfayture to ensue to any person or persones, or body politike, for or concerninge the omission of the same Style, or any parte thereof, in any such wrytinges, & that no person ne persons, shalbe impeached, molested, or dāp nyfyed, for or by reason of any such omyssyon.
And where in an acte of parliament made since the sayde .xx. yeare of kynge Henrye theyghte, all Bulles, dispensations, and wrytynges which were before that tyme optained fyom the Sea of Rome, should be voyde, avolyshed, and extinguished, with a clause, neuertheles that the matter of them, by vertue of letters patentes from the kyng then beinge shoulde, and mighte be alleged, pleeded, and allowed, as yf the same had not bene soo abolisbed or extinguyshed. Forasmuche as the sayd acte is here before amongest other repealed and made voyde.
Be it therefore euacted by aucthoritie of this present parlyamente that all Bulles, dispensations, and pryuyleges, obteyned before thee sayde .xx. yeare, or at any tyme sythence, or whyche shall hereafter be optemed of the Sea of Rome, not conteininge matter contrarye or pretudicial to the aucthoritie, dygnytye, or prehemynence Royall, or imperyall of the realme, or to the lawes of this realme, nowe beyng in force, and not in this parliament repealed, maye be put in executyon, vsed and alleged in anye courte within thys Realme, or ells where whether the same remayne yet hole, or can appeare to haue bene can celled, in this vayleable and effectuall maner, to all intentes, & purposes, as yf the sayd Acte had neuer bene had or made. Anye obiectyon by pretence of extinguyshment, or cancellyng of the sayd Bulles, dyspensations, or priuileges, or of any other matter or cause, by the pretence of the lawes of thys realme, whatsoeuer in anye wyse notwythstandyng.
And wher as by dissolution of monasteries, and other religious houses, certayne paryshe churches and chappeles which wer before exempte, from the iurisdiction of the Archbyshope and byshop of the diocesse, and by speciall exemption and priuelege from Rome, were vnder the gouernement and order of the Abbotes, and Prioures of those religious houses, whych sayde churches by colour of the sayd exemptions, be nowe of speciall graunt from Kyng Henry, & kynge Edwarde, vnder the rule and gouernement, and iurisdiction of tē porall and laye men, who can no more enioye, that suprmacye, ouer those particuler churches, then the king might ouer the hole realme
Be it therefore enacted, that all Archbyshoppes, & byshopes in their dioces, and all other spirituall person and persones, hauynge iurisdiction, and their ministeres and officers, and no laye person, or persones in euery Churche and place, within the precincte of ye same beyng rempte, or not exempte, maye freely, and without impedimēt execute their spirituall iurisdictiō in al pointes & articles, as though no such exemption or graunt had neuer bene made.
Prouided alwaye, and be it enacted, that this act extend not to take awaye, or oiminyshe the preuileges, of the vniuersitie of Cambrydge and Oxforde, ne the priuileges, or prerogatiues graunted heretofore to the churches of Westminster, and Wyndesore, ne the Tower of London, ne preiudiciall, to suche temporall Lordes and possessioners in this realme, as by auncient custōe haue emoyed probate of Testamentes, of their tenauntes or other.
And forasmuch, as after this reconsiliation, and vnitie of this noble realme, to the body of Christes church, it is to be trusted, that by the aboundaunce of goddes marcy, and grace, deuotion shal encrese and growe in the hartes of many the Subieces of this realme, with desire to gyue & bestow their worldly possessions, for the resuscitatyng of almose, prayer, & example of good life in this realme, to thintent such godly motions and purposes should be aduaunced.
Be it therefore enacted by aucthoritye of this present parlyamēt that it shalbe lawefull to suche as shalbe sessed of any mauours, lāds tene mentes, personages tithes, pencions, portions, or other hereditamētes, whatsoeuer in fee symple, in posession, reuertiō, or remaynder, in their owne ryghtes, not veyng coppy holde, may therof make feoffamentes, grauntes, or any other assuraunces, or by his last wyll and Testament, in wryting, may be queath and geue in fe symple, al and euery the sayd manours, lādes, tenementes personages, tithes pentions, portions, or other hereditamentes, to any spyrituall body polytike, or corporate in this realme or dominions of the same, nowe erected or founded, or hereafter to be erected or founded: withoute any lycence of mortmayne there in to be optayned: or any wrytte of [Page] ad quod dampnum to be sued out for the same, the actes de terri ad manion mortuam non ponendis or any other acte or statute, heretofore had or made in in any wyse notwithstandyng.
Sauyng to the Lordes of the fee, all rentes, seruices dew, or goyng out of any of the sayde land or renements, or hereditaments, so to be amortized, as is aforesayd.
Prouided alway, that this clause of this acte, for geuing the liber tye of, or for the amortezyng of landes or tenementes, shall cotynue for, and duryng the space of .xx. yeares nexte, and immediatelye folowyng, and no lenger.
And forasmuch as we your maiesties humble and obedient subiectes, the lordes spirituall and temporall, and commons in this present Parlyament assembled, nether by the makyng, or deliuering of either the supplycations aforesayde, nor by any clause, artycle or sentence thereof, or of any other clause article or sentence of this or any other Statute, or any of the preambles of the same, made, or agreed vpon in this session of this present parliamēt, by any maner of inter pretation, cōstruction, implication or other wyse intende to derogate empaire, or diminish any of the prerogatiues, liberties, fraunchisies preheminences, or iurisdictyons of your Croune Imperyall of thys realme, and other the dominions to the same belonging, we do most humbly besech your maiestyes, that it maye be declared, and ordeyned, and be it enacted and declared by aucthoritie of this presēt parliament, that neither the makyng, exhibityng, or insertynge in thys present statute, or in the preambles of the same, of the supplicatyons or promys aforesayd, or either of them; nor any other thyng or thynges, wordes, sentences, clauses, or articles, in the preambles or body of the artes, aforesayde, shalbe construed vnderstanded or expoūded to derogat, diminishe or take away any the liberties, priuileges, prerogatiues, preheminences, authorities, or iurisdictyons or any parte or pertel therof, which were in your imperial croune of this realme or dyd belong to your sayde imperial croune the twenty yere, of the reigne of yours the Quenes maiesties moste noble father, or anye other your most noble progenitours, before the sayd twentye yere, & the popes holynes, and Sea Apostolyke, to be restored, and to haue and enioye such aucthoritie, prehemynence, and inrisdictyon as hys holines, vsed, and exercised, or myght lawfully haue vsed and excercised by aucthoritie of hys supremacie, the sayd twētie yeare of the regine of the kinge your father, within this youre realme of Engnde, & other your Dominions, without diminution, or enlargemēt of the same and none other. And the Eclesiasticall iurisdiction of the Archebishoppes, Bishoppes, and ordinaties, to be in the same state, for processe of suites, punishmēt of crimes, and execution of censures of the churche, wyth knowledge of causes belongyng to the same, & [Page]as large in these poyntes, as the sayde iurisdiction was the saide .xx. eyare.
Prouyded alwayes, and be it enacted by thauethoritie aforesayd, that in and vpon euery such gyftes and deuyses, to be made to suche spirituall corporations, or persones as is aforesaid, the donor feoffer, or diuisor thereof may reserue to him, and to his heires for euer, a tenure in franke almaine, or a tenure by diuine seruice: and to haue al remedies and actions, for and vpon the said giftes, or deuyses, and tenures in lyke maner & sorme, as was vsed before the estatute of Westminster thyrd (commonly called) Quia emptores terrarum. The sayde estatute or any other lawe or custome nowe beyng to the contrarye in anye wise notwithstandyng.
Prouyded alwayes and be it enacted, that all and euery persō & persones, and bodies politike and corporate which nowe haue or here after shall haue any estate of enheritaunce, frehold, terme, or intrest, of in, or to any portion, pention, tithes, glebelandes, or other ecclesyasticall or spirituall profytte; which by thys acte, and letters of dispensation rehearsed in the same, be permitted & suffered to remayne & continue in laye mens possessions, shall and maye haue lyke remedye for the recouerye of the same, and euery parte thereof as they and euery of them myght haue had before the fyrste daye of thys present Parlyament, Anye thyng in this acte contēyned to the contrary in anywise notwithstandyng.
¶ An acte for the punishment of traiterous wordes agaynst the Quenes Maiestie.
The .ix. Chapter.
FOrasmuch as nowe of late diuerse noughty sedicyous malicious, & heretical persons, not hauyng the fere of god before their eies, but in a deuilishe sort, contrarye to the duetie of their allegiaūce, haue congregated thē selues together in conuenticles, in dyuerse and sondry prophane places within this citie of Lōdon esteming thē selfes to be in the true faith, wher in dede they are in errous & here sies, & oute of the true trade of Chrystes catholyke religyon, & in the same places at seuerall tymes, vsing theyr phantasticall and scysmaticall seruyces, lately taken awaye, and abolyshed by aucthoritie of parlyament, haue of theyr most malicious & cankerde stomakes, prayed agaynst the Quenes maiestie, that God would turne her herte from Idoltrye to the true faythe, or ells to shorten her dayes, or take her quickely out of the waye, whiche prayer was neuer harde nor rede to haue bene vsed by anye good Chrystyan manne, agaynste anye [Page]Prynce though he were a pagan, and infidele, and much lesse against any christian Prince, and especially so vertuous a Princes, as our soueraygne Lady that nowe is knowen to be, whose faythe is and alwayes hath bene most true and catholyque, and consonaunt and agreing with Christes catholique Churche, throughout the world dyspersed.
For reformation wherof, be it enacted by thauctoritie of thys present parliament, that euery such person and persones, which since the begynnyng of this present parliament, haue by expresse wordes and sayinges, prayed, required, or desired, as is aforesayde, or hereafter shal pray, by expresse wordes or sayinges, that God shoulde shortenne her dayes, or take her out of the way (whose lyfe almighty God longe preserue) or any suche lyke malicious prayer, amountinge to the same effect, theyr procurers and abbettours therein, shalbe taken, reputed and iudged traytours, and euery such prayinge, requiringe, or desyryng shalbe indged, taken, and reputed hygh treason, and the offendours therin, their procurers and abbettours, beyng thereof lawfully conuycte, accordyng to the lawes of thys Realme, shall haue, suffer and forfeyte, as in cases of hygh treason.
¶ Prouyded alway and be it enacted, that yf any person or persones shall be indycted for any the offences aforesayd, done and perpetrated duryng this session of this present parlyament, and vpon hys or their arraygnment, shall shewe him or them selues penytente for there offence, and submitte him or them selues to the kyng and Quenes mercy, and humbly desyre the same, before such Iustices or commissioners before whom he or they shalbe arraygued, that then no iudgement or conuiction or attayndour of treason, shalbe geuen agaynste any suche person or persones, so beyng penytent, and submyttynge them selues, as is aforesayd. And in euery such case, the Iustices or commissioners before whō such person or persons shalbe arraigned, shal haue aucthoritie by vertue of this acte, to prescribe, adiudge, and appoynte, suche corporall punishment, other then death, to such offender and offēders as to them by their discretion shall seme conuenyente, and vpon that penaunce prescribed and done, to be discharged of the sayde treason, comprised in that inditement.
¶ An acte whereby certayne offences be made treasons, and also for the gouernement of the kynges and Quenes Maiesties issue.
☞ The .x. Chapter.
FOr asmuch as the greate mercy & clemency heretofore declared by the Queenes hyghnes, in releasing the penal lawes, made by her progenitours, hath giuen occasiō to many cankarde & trayterous harts to ymagyne, practyse, & attempte things stirryng ye people to disobedience, & rebellyon agaynst her hyghnes common polecy, and duetye of subiectes, requyre that some lawe be eftsons establyshed to restrayne the malyce of such wycked and euyll doors, wherby they may be prehibited to blowe abroade such shame full slaunders and lyes, as they daylye inuente and yinagine of her highnes and the kynges maiestie her moost lawefull husbād, which when they be hard can not be but odible, and detested of all good mē consyderyng they touche their maiestyes vpon whome dependeth the whole vnitie and vniuersall wealth of this realine.
In consideratydn wherof be it ordeined and enacted by the king and the quenes maiesties, with thassent of the lordes spyrituall and temporall, and of the commons in thys present parsyament assebled and by the auctorytye of the same, that yf any perso or persons after the first daye of February next to com duryng the maryage betwen the king & the quenes maiesties, do compasse or imagine to depriue the kynges maiestie, that nowe is, frō the hauyng & inioyning ioyntly together with the quenes highnes the stile, honour, and kynglye name of ye realmes and dominions vnto our sayd soueraygne Lady the quenes hyghnes apertaining, or to destroie the kyng that nowe is, duryng the sayd matrimonye, or to destroye the quenes maiestie that nowe is, or the heires of her bodye begotten, beynge kynges or Queenes of thys Realme, or to leuye warre wythyn thys Realme of England, or wythin any of the marches of the same, agaynste the kynges maiestie, that nowe is, duryng the sayd maryage or agaynst the quenes maiestie that nowe is or any of her sayde heyres, beyng kinges or quenes of this Realme, or to depose the quenes maiestie that nowe is, or the heires of her body begotten, beynge kynges or queenes of thys realme, from the Imperyall croune of the realmes and dominions aboue sayd. And ye saine compasses, or imaginations or any of thē maliciously, aduisedly, and directly, shall, or do vtter by open preaching, expresse wordes, or sayinges or if any person or persones after the sayd fyrst day of February by preching expresse wordes or sayinges, shal maliciously, aduifedly, and directlye, saye publyshe, declare, maintaine or hold opinion, that the kynges maiestye, that now is during the said matrimony, ought not to haue or enioy ioyntlye together with the queenes maiestie, the stile, honoure, and kyngly name of this realme, or that any persō or persons, being neyther the kyng or the quenes maiesties that nowe are durynge the sayd matrimony betweue them, ought to haue or enioye the stile, honoure, [Page]and kyngelye name of this realme, or that the Queenes maiestie, that nowe is, during her life, is not, or of right oughte not to be quene of this realme, or after her death, that the heyres of her hyghnes body beyng kinges or quenes of this realme of righte oughte not to be kynges or quenes of this realme, or to haue and enioye the same or that anye person or personnes, other then the quenes maiestie, that nowe is during her life, ought to be Quene of this realme, or after her death other then the heyres of her body beinge kinges or queenes of this realme, as longe as any of her sayde heyres of her body begotten shalbe in lyfe, of ryght oughte to haue and enioy the imperiall crowne of this realme. That then euery suche offendoour, beyng therof duly connicted, or attainted by the lawes of this realme, their abbettours procurers, and counsailoures, and all, and euerye theyr comforters, knowynge the sayde offences, or anye of theym to bee done, and being thereof conuicted or attaynted, as is abouesayde, for his or theyr suche offence, shall forfeyte and lose to the queenes hyghnes, her heyres and successours, all his and theyr goodes, and cattels, and the whole issues and proffytes of his and theyr landes, tenementes, and other hereditamentes, sor terme of the lyfe of euerye suche offendoure or offendours, and also shall haue, and suffer, duringe his and theyr liues perpetuall imprisonment.
Prouided alwayes and be it enacted by the auctoritie aforesayde, that all and euery ecclesiasticall person beinge conuicted or attaynted in fourme aforesaid, for euery surhe his offence, shalbe depriued by the ordinary from his promotion spirituall or ecclesiasticall, in suche lyke maner and fourme, that it shalbe laweful for euery patron, founder or geuer thereof, to present, after suche depriuation hadde, some one other to the same, as thoughe the sayde offendoure or offendoures, were deceassed. And yf any person or persons beyng hereafter conuicted or at taynted of any of the sayd offences, in fonrme aforesayd cōmitted shal after his or theyr conuiction, or attainder, estsones committe or perpetrate any of the sayde offences, in forme aforesayde. That then euerye suche seconde offence or offences shalbe demed, and adiudged hyghe treason, and the offendoure or offendoures therein, theyr abbettoures procurers, and councelloures, and all and euery theyr aydours & conforters, knowing the sayd offences, or anye of them to be done, beyng thereof conuicted or attainted, accordyng to the lawes and Statutes of this realme, shalbe iudged and demed hyghe traytoures, and shall suffer paynes of deathe, and lose and forfeyte all theyr goodes, and cattels landes, and tenementes, to the queenes maiestie, her heyres and successours, as in cases of high treason, by the lawes of this realme at this day, of ryght ought to be lost and forfeyted.
And be it further enacted by the said aucthoritie, ye yf any person or persones at any time after the said first day of February next to come [Page]during the sayd marriage, compasse, or ymagine the death of the kynges maiestie, that nowe is, and the same maliciousely, aduisedly and directly shall vtter and attempte by any writing, pryntynge, ouert dede or acte, or yf any person or persons at any tyme after the said fyrst day of February next comming, shall maliciously, aduisedlye, and dyrectlye by wryting, prynting, ouert dede, or acte, affirme that the kynges maiestie, that nowe is, duryng the said matrimony, oughte not to haue or enioye ioyntly togethers with the Quenes hyghnes, the style, honour and kyngly name of this realme, or that any person or persons, beyng neither the kynge, or the Quenes maiestie, that nowe is, durynge the sayde matrimony betwene them ought to haue and enioy the stile honour, and kinglye name of this realme. Or yf any person or personnes after the sayde day by any writing, prynting, ouert dede, or acte, maliciousely, aduisedly, and directly, do affirme that the Quenes maiestie that nowe is, duryng her lyfe is not, or oughte not to be quene of this realme, or after her death, that the heyres of her hyghnes body beyng kynges or Quenes of this realme, of ryght ought not to haue and enioye the imperiall Crowne of this Realme, or that anye person or persones other then the Quenes maiestie that nowe is, durynge her lyfe or after her death, other then the heyres of her body begotten, beynge kynges or quenes of this realme, as longe as anye of her sayde heyres of her body shalbe in lyfe, of ryghte oughte to haue and enioye the imperyall crowne of this realme. That then euery such offence and offē ces shalbe adiudged high treason, & the offender & offenders therein, theyr abbettours, procurers, and councellers, and all and euery theyr aydours, and comforters, knowinge the sayd offences, or any of them to be done, beynge thereof conuicted, or attaynted by the lawes and statutes of this realme, shal be demed and adiudged hygh traytoures, and shall suffer paynes of death, and loose and forfeyte al theyr goodes and cattels, landes, and tenementes to the Quenes maiestie, her heites and successours as in cases of high treason, as is abouesayde.
And albeit we the Lordes spirituall and temporall, and the commons in this present parliament assembled, haue fyrme hope and confidence in the goodnes of Almyghty God, that lyke as he hath hether to mir aculousiye preserued the Quenes maiesty from many greate & imminent periles & daungers, euen so he wyll of his infinite goodnes gyue her highnes strength, the rather by oure continuall prayers to passe well the daunger of deliueraunce of chylde wherwith it hathe pleased hym (to all oure greate comfortes) to blesse her. Yet forasmuch as all thinges of thys worlde be vncertayne, and hauynge before our eyes the dolorous experience of the inconstaut gouernement duringe the tyme of the reygne of the late kynge Edwarde the syxte, do playnelye se the manifolde inconuenienees, greate daungers, and perylles, that maye ensue to this hole realme, yf foresyghte be not vsed [Page]to preuent euyll chaunces, yf they should happen. For the eschewing whereof, we the Lordes spiritual and temporal, and the commons in this present parliament assembled for & in consideration of a most special trust and confidence, that we haue & repose in the kinges maiestie, for and concernyng the good and politike gouernemēt, ordre, and administration of this realme in the tyme of the yonge yeres of the issue or issues of her maiesties body to be borne, if it should please God to call the quenes hyghnes out of thys present lyfe duryng the tender yeares of such issue or issues (whych God forbyde) according to such ordre and maner as hereafter in this present acte, hys hyghnes most gratious pleasure is should be declared and set fourth haue made our most humble suite by thasiēt of ye quenes highnes that his maiestie would vouchsafe to accepte and take vpon him the rule ordre, educatyon, and gouernement of the sayde issue or issues to be borne, as is aforesayd, vpon which our suit being of his said maiestie most graciously accepted. It hath pleased his highnes not onely to declare, that like as for ye fyrst part his maiestie verely trusteth that almighty God, who hath hetherto preserued the quenes maiestie to giue this realme so good an hope of certayne successiō in the blud roial of ye same realme, wil assist her highnes with his graces & benedictiōs to see the frute of her bodye wel broughte forth liue, and able to gouerne, whereof nether all thys realme ne al the world besydes shold or coulde receaue more cōforte, then hys maiestie shuld & wold. Yet yf such chaunce shuld happen, his maiestie at our humble desires is pleased and contented, not alonely to except and take vp ō hym ye cure and charg of the education, rule, ordre, and gouernemēt of such issues, as of this most happy mariage shalbe borne betwene the quenes highnes and him, but also during the time of such gouernement wold by alwayes and meanes study, trauayle and employe himselfe to aduaunce the weale, bothe publique and priuat of thys realme, & dominions there vnto belongyng, accordyng to the said trust in his maiestye reposed, with no lesse good wyll and affectyon, then ythys hyghnes had byne naturally borne amongest vs.
In consyderatyon wherof be it enacted by the kyng & the queenes most excellent maiestyes, by thassent of the Lordes spirytuall & temporall, and the commons of this present Parliament assembled, and by thauctoritie of the same, that yf it shal so please God, to call the quenes maiestie out of this present lyfe, which god forbydde, before the issue of her body, inheritable to the Crowne of this realm if it be male shal accomplishe the age of .xviii. yeres, or if it be female, before it shalbe of the age of .xv. yeares, and not maryed after ye age of consent, and before the sayd age of .xv. yeares. That then & unme diatly after, and from the deceasse of our sayd Soueraygne Lady yt quene, the kinges maiestie yt nowe is, shall haue the rule, order, education [Page]and gouernment of the person of suche issue, or issues, and the rule, ordre & gouernement (vnder such issue, or issues) of this realme, and the dominions to the same belongynge, vntyll the same issue or issues, inheritable to the imperyall Crowne of thys Realme, yf it bee male, shall accomplyshe the fall age of eightene yeares and yf it be female, vntill such issue female, shalbe accomplyshe the age of fyuetene yeares, and be maried after the age of consēt and before the said age offyuetene yeares, if the said issue or issues, and oure said soueraigne Lord the king, shal so long liue together, and that duringe, and by all the tyme of such gouernement, all, and euery the pactes, couenaū tes, articles, and agrementes, mentioned and comyrysed in the treatises, and acte of Parliament, and euery of them made, and concluded, for and concernyng the honourable mariage, had and consummate, betwene the Kyng and Quenes Maiesties, whych on the behalfe of his Maiestie, bene to be obserued, perfourmed & kepte, shall after the deceasse of the Quenes Maiestie, durynge the tyme of the sayd gouernement, remaine, continue, and be in as good, and ful force strength, and effecte, to all intentes, and purposes, as they were at any tyme, duryng the sayde Maryage, or nowe bene, as yf they were newly by apte wordes, termes, and sentences, inserted and rehersed in this present Act, and newely made and enacted, to stand, remaine continue, and to be obserued, and kept, durynge the tyme of the sayde gouernmente, and shalbe by his Maiestie, duringe the saide tyme inuiolablye obserued perfourmed, mainteined, and vpholden, in suche sorte, and in as full large, and ample maner, to all respectes, as they should and ought to be, duryng the tyme of the sayd maryage, or after, and his highnes, and the Quenes most excellent Maiestye, are pleased and contented, that it be enacted by thys present Parliamēt that nothyng shalbe done permitted, or assented vnto by hys Maiestie to the contrary.
And be it further enacted, by the aucthoritie aforesayd, that yf any person or persones, duryng the tyme that our sayd soueraigne lorde the kynge that nowe is, shal, and ought to haue the ordre, rule, education, and gouernement of such issue or issues, being kynge or Quene of this realme, according to theordre and prouision aforesaid malyciously, aduisedly, and directly, by wrytynge, prynting, ouert dede or acte dooe compasse, attempt, and go aboute to destroye the personne of our said soueraynge lord, or do depryue, or remoue his sayde hyghnes from the order, rule, education, and gouernement of the same issue or issues, beyng kynge or Quene of this realme, contrarye to the tenoure, entente, and true meaning of this present act, that then euery such person or persones so offendyng, their procurers and abettours, beyng there of lawfully conuicte or attaynted by the lawes of this realme, shalbe demed and adiudged high Traitours: And that [Page]all and euerye suche offence and offences, shalbe demed and adiudged hygh treason. And the offendour and offendours therein, theyr procurers, counsaylours, and abbettours, shall incurre the daungers, forfeytures, and penalties of hygh treason.
And be it further enacted by thaucthoritie aforesaid that al tryals hereafter to be had, awarded, or made, for any treason, shalbe had, and vsed onely, accordyng to the due order & course of the common lawes of this realme, and not otherwyse. Sauyng to euery person and persones, bodyes polytyke and corporate, their heires, and successoures other then the offendours, and their heires and suche person and persones, as clayme to any of theyr vses, all such ryghtes, tytles, interestes, possessions, leasses, rentes, reuertions, offyces, and other profytes, whych they or any of them shall haue at the daye of the committynge such treasones, or at any tyme afore, in as large and ample maner, as if this acte had neuer bene had or made.
Prouyded alwayes, and be it declared and enacted by thaucthoritie aforesayd, that conceylement, or kepyng secrete of anye hygh treason, be demed and taken onely, misprisyon of treason & the offenders therein to forfeyt, and suffer, as in cases of misprision of treason hath heretofore bene vsed. Anye thynge aboue mentioned, to the contrarye notwithstandyng.
Prouyded 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 mysprisyon of treason by thys acte, that then the same peares, or peare, soo beynge indycted, shalbe put to aunswere vnto euerye suche endytement, before the hygh stewarde of Englande for the tyme beyng and to haue his and their tryall by hys and their peares, and to receaue & haue such lyke iudgement vpon the same tryall of hys or their peares, or makyng open confession of the same offence, or offences as is vsed in other cases of hygh treason.
And it is further enacted by thauctoritie aforesayde, that no person or persons shall in any wyse be impeached for any of the offences abouesayd, commytted onely by open preachynge or wordes, onlesse the offender of offenders be therefore indited within sixe moneths, next after the same open preaching or wordes. Anye thing conteined in this acte to the contrary notwithstandyng.
Prouyded alwayes, and be it enacted by thaucthoritie aforesayd that vpon the arraygment of any person, whiche hereafter shall for tune to be arraygned for any treason, mentioned in this acte, all and euery such person & persones, or two of thē at the least, as shall hereafter wryte, declare, confesse, or depose any thing or thynges agaynst the person to be arraygned, shall, yf they be then liuing & within the realme be brought forth in person before the partye arraygned, yf he requyre the same, and obiecte, and saye openly in his herynge what [Page]they or any of them can agaynst him, for or concerning any the treasones, conteined in the indictment, wher vpon the partye shalbe so arraygned, onlesse the partye arraygned for any such treason, shal willingly confesse the same at the time of his or their arraignement.
Prouided neuer thelesse, & be it enacted by ye thauchoritie aforesayde that in al cases of hyght treason, concernynge coyne curraunt within this realme, or for counterfeytyng ye king or Quenes sygnet pryuie seale, great seale, or sygne manuel, such maner of tryal & none other be obserued and kept as heretofore hath bene vsed by ye common lawes of this realme. Any lawe statute, or any other thynge or thynges to the contrary notwithstandyng.
Pronyded alwayes, that the counsellours, procurers, cōforters, and abbettonrs for his or their first offēre shal suffer like punishment penaltie, and forfeyture, as is conteyned in this acte against ye pryncipal offendours, for their first offence and none other, And that the councellours, procurers comforters, & abbettoures, for his or thier second offence shall susteyne lyke punyshment, penaltie, & forfeytur as is conteyned in this act agaynst the principal offendour or offendoures for their second offence, and none other.
¶ And acte for the punishment of brynging in of couterfeyte coyne of forrayne realmes, beynge curraunte wythin this realme.
The .xi. Chapiter,
WHere diuerse and sondrye coynes of golde and siluer of other realmes, not beynge of the propre coyne of thys realme of Englande, and yet by the sufferaunce and consent of the kyng and quene our Soueraygne Lord and Lady, be curraunt in paimēt within this realme, many yl disposed persons for thir owne corrupte lucre & aduaūtage, haue nowe of late brought into this realme, from the parties of beyonde the sea, greate quantitie of forged and counter fayte mony, lyke to the said coine of other forreyne realmes, and haue vttered the same here by marchaundising, and otherwyse to diuerse of the subiectes of this realme, to their greeat deceit hurt & damage because the sayde yl dysposed persones hane perceaued and vnderstanded, that there was not, nor yet is any sufficiente lawe or statute made or prouyded for the condygne punyshment of the offendours in that behalfe.
Wherefore be it enacted and establyshed by the auc thorytye of this present Parliament, that if any person or persōes, after ye twentye daye of Ianuary nexte commynge, shal bryng from the partyes [Page]of beyond the sea into this realme, or into any the dominions of the same any such false and counterfeyte coyne or money, beyng courraūt within thys realme as is aforesayd, knowyng the same coine or money to be false and counterfeite, to thintent to vtter, or make paimēt with the same within this realme or any the dominions of the same, by marchaundisyng, or otherwyse, yt all and euery such person or persones so offen [...]yng, as is aforesayd, their counsailours, procurours, aydours, and abbettours in that behalfe shalbe demed & iudged to be offendours in high treason, and shall suffer after lawefull conuiction or attaynder thereof, such paines of death, losse and forfaiture, of landes, goodes, & cattelles, as other offendoures shal do, in cases of high treason.
And be it further enacted by the aucthoritie aforesayd, that all, & euery person and persons, that shall at any tyme after the sayde .xx. day of Ianuary, be accused or impeched of any of the offēces, conteined and prouided for in this estatute, or of any other offēce or offences, concernyng the impayrynge counterfeytyng, or forgyng of any coyne curraunte within this realme, shall and maye be endicted, arreyned, tryed, conuicted, or atteynted by suche like euidence, and in such maner and fourme as hath ben vsed & accustomed within this realme, at any tyme before the tyrste yeare of the raygne of our late sone raygne lord king Edward the sixt. Any statute, custome lawe, or vsage to the contrarye there of in any wyse notwithstanding.
¶ An acte for the impounding of disters.
The .xii. Chapyter.
FOr the auoydyng of greuous vexations, exactions, troubles, and disorder in taking of destresses and im poundynge of cartel, be it enacted by aucthorytye of this present Parlyment, that frō, & after the first dai of Apryl next cōming, no distresse of catel shalbe driuen out of ye hūdred, rape, wapentake, or lath, where such distresses is, or shalbe takē, except it be to a pound, ouert within the sayd shire, not aboue thre myles distaūt, from the place where the sayd distresse is taken, & that no cattell, or other goodes distreined, or taken by way of distresse, for any maner of cause: at one tyme shalbe impoūded in seueral places, whereby the owner or owners of such dystresse shalbe constrayned to sue seuerall repleuis for the deliuery of the sayde distresse, so taken at one time, vpō payne euery person offendyng contrary to this act shal forefeyt to the party greued for euery such offence a hundred shillinges and treble damages.
And further be it enacted by aucthoritie aforesayd, that after [Page]the said fist day of Apryll, no persō or persons shall take for kepynge inpounde, impounding, or pondage of any maner of distresse, aboue the somme of .iiii. pence for any one whole distresse, that shalbe so impounded, and where lesse hath bene vsed, ther to take lesse, vpon the payne of fyue pound to be payd to the party greued, ouer & besydes such mony as he shal take aboue the some of foure pence. Any vsage or prescription to the contrary in any wise notwithstandyng.
And for the more spedier deliuery of cattell, taken by waye of distresse, it is further enacted by the sayd aucthoritie, that euery Shiriffe, of shires, being no cities nor townes made shyres, shall at his first countie day, or within two monethes next after he hath receaned his patente of his office of shiriswike, shall depute, appoint & proclayme in the shyre towne within his baylyweke, foure deputies at the least, dwellyng not aboue twelue myles one distaunt from another, which sayd deputies so appoynted & proclamed, shal haue auctoritie in the sheryffes name to make repleuis and delyueraunce of such distresses, in such maner & fourme, as the sheryffe, may or ought to do, vpon paine that euery Sheriffe, for euery moneth that he shal lacke such deputie, or deputies, shall forfayte for euerye suche offence fyue poundes, the one halfe of whyoh forfaitures shalbe to the kyng & Quenes highnes, her heires and successours, the other halfe to him that wil sue for the same by byll, playnt, information, or action of debt, in any the kyng and quenes courtes of record, in which noo essoygne protection, nor wager of lawe shalbe admytted.
An acte appoynting in order to iustices of peace touching the baylemente of prysoners.
The .xiii. Chapter.
WHere in the parliament holdē at Westminster, in the .iii. yeare of the reigne of the noble prince, king Henrye the seuenth, it was among other thinges ordeined & enacted, that no prisoner arrested for felony, should be letten to bayle or mainpryse, by anye one Iustice of peace, but by the hole Iustices, or at least by two of thē, whereof one to be of ye Quorum Since the makyng of which estatute, one Iustice of peace in the name of him self and one other of the Iustices hys cōpagnyon not makyng the sayd Iustice partie nor priuye vnto the cease wherfore the prisoner should be bayled, hath often tymes by sinister labor and meanes, set at large the greatest, and notablest offenders, such as be not replinisable by the lawes of thys realme, & yet the rather to hyde theyr affections in that behalfe haue sygnyfyed the cause of theyr apprehension to be put onely for suspition of felony, whereby ye [Page]sayd offendours hath escaped vnponished, and do dayly, to the high dysplesure of almighty God, the great peryl of the kyng and Quenes true subiectes, and encoragement of al theues and euylldoers. For reformation wherof, be it ordeined and enacted by the kynge and Quenes maiesties, the lordes spiritual and temporall, and the commons in this present parliament assembled, & by aucthoritie of the same that from, and after the fyrst day of Apryll next cominyng no Iustice or Iustices of peace, shall let to baile or mainepryce anye such person or persones, which for any offence or offences, by them or any of them committed be declared not to be repleuised or bailed or be forbidden to be repleued, or bailed, by the estatute of Westmin, prymer, made in the parliamente holden in the thirde yeare of the reygne of kyng Edward the fyrst. And furthermore, that anye person or persones arrested for manslaughter or felony, or supection of manslaughter or felony, being bayleable by the lawe, shall not after the sayd fyrst day of Apryll, be lette to bayle or maynepryse, by anye Iustices of peace, if it be not in opē Sessions, except it be bi two Iustices of peace at the least, wherof one to be of the Quorum, & the same iustices to be present together, at the tyme of the sayd bailmente or mainprise, which bailement or mainpryse they shal certifye in wrytyng, subscrybed, or sygned with their owne handes, at the next generall gaole deliuery, to be holden within the countie, wher the said person or person shalbe arrested or suspected. And that the sayd Iustices, or one of them beyng of the Quorum, when anye such prisoner is brought before them, for any manslaughter or felonye, before auye baylement or maynepryce, shall take the examination of the said prisoner, and information of them that brynges him, of the facte, & cyrcumstaunces thereof, & the same or asmuch therof, as shalbe materiall to proue the felony, shall put in wrytinges before they make the same bailement, which said examination together, with the sayde baylement, the sayd Iustices shall certify at the next generall goale delyuery to be holden within the limites of theyr commissyon, and that euery Coroner, vpon any inquisition before him founde, where by any persō or persons shalbe indicte for murther, or man slaughter or as accessary or accessaryes to the same, before the murder or manslaughter committed, shal put in writing the effect of the euydence geuen to the Iurye before him, being materiall, and aswell the sayd Iustices, as the sayd Coroner, shall haue aucthoritie by thys acte to bind al such by recognisaunce, or obligation, as do declare any thing material, to proue the said murdre or manslaughter, offences, or fellonies, or to be accessary, or accessaries to the same, as is afore said to appeare at the next general gaole deliuery, to be bolden within the Countie, citie, or towne corporat, wher the triall therof shalbe, then and there to geue euidence against the partie so indicted at the time [Page]of his triall and shall certifie aswell the same euidence, as suche bonde and bondes in writing, as he shall take together with the inquisition orindictment before him taken and founde, at, or before the time of his sayd tryall therof, to be had or made, and lykewyse, the sayde Iustices shall certifye all and euery suche bonde, taken before them, 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 thinge contrary to the true intente, and meaning of this present acte: That then the Iustices of gaole delyuerye of the Shire, citie, to wue, or place, where such offence shall happen to be committed, vpon due profe therof, by examination before them shal for euery such offence, set such fyne on euery of the same Iustices of peace and Coroner, as the same Iustices of gaole deliuery shall thinke mete, and shall estrete the same as other fynes and amerciamentes assessed before Iustices of gaole deliuery ought to be.
Prouided alwaies, and be it further enacted by thauctoritie aforesayd, that Iustices of peace, and Coroners within the citie of London and the countie of Middelsex, and in other cities, boroughes, and townes corporat within this realme and Wales, shall within their seuerall iurisdictions, haue auctorytie to let to bayle, fellons and prisoners in such maner and fourme, as they haue bene heretofore accustomed, this act or any thinge therein conteyned, to the contrary notwithstanding. And also shall take examinations and bondes, as is aforesayde, vpon euery baylement by them or any of them to be made, and shal certifie euery such baylementes, bondes, and examinations, by them or any of them, taken or made at the next gaole deliuery to be holdē within the shyre, citie, borough, or towne, where theyr seueral iurisdictions extendeth, vpon like payne and forfeyture, as is before limitted in this present acte.
And be it also enacted by the auctorytye aforesaid, that no writers of Habeas corpus, or Certiorary, shalbe hereafter graunted to remoue anye prysoner out of any gaole, or to remoue anye recognisaunce, except the same writtes be signed with the proper handes of the chiefe Iustyce, or in his absence, one of the Iustices of the courte, oute of whiche the same writtes shal be awarded, or made, vppon payne that he that wryteth any suche writtes, not beyng signed as is aforesayde, to forfayte to our sayde soueraygne lorde the kynge and the queene, for euerye suche writte and writtes fiue poundes.
An act for the makyuge of russell sattens, sattens reuerses. and fustian of Naples in Norwiche.
The .xiiii. Chapter.
WHere of late yeres passed russelles, called russels sattens and sattens reuerses, haue bene practised to be made beyonde the seas of the wolles bredde in the countye of Norfolke, and by reason thereof so greate quantytie of the sayde russelles sattens, sattens reuerses, haue bene brought into this Realme, solde and worne as well in euery parte of thys Realme, as in the partes beyond the seas, that therby the mysteries of worstedes makynge and weauynge, whereby marchauntes and inhabitauntes of the Citie of Norwiche, haue here tofore bene well maynteyned and relieued, is nowe at this present almost wholy decayed and broughte out of estimation, and verye lyttle worne, either within this realme, or in any other forreyne realmes, to the great hynderaunce, and decaye of the sayde citye, and Citezens of the same Citie. For remedy whereof Thomas Marsham, Maiour of the citie of Norwiche Iohn Corbet Esquier, Austen Stewarde, Robert Leche, Robert Rugge, Iohn Ball, and Alexander Mather, aldermen of the sayde citie, Thomas Whale, Thomas Pecke, Raphe Marsham, Robert Henry, Iohn Sutton, Rycharde Tomson, Cytezins and marchauntes of the sayde Citie, at theyr greate coastes and charges, as well in bringynge of certayn strangers from the partes be yonde the seas into the sayd cytye, as also in makinge of Lombes, and all other pronision for the same, and also haue called vnto them eyghte persons of the mooste discrete and worthy men of the misterye of Worstede weuinge, within the sayd citie, that is to saye, Iohn Cooke, Iames Lyn. Iohn Crosse, Simon Petit, Iohn Marshall, Roger Lecke Edmunde Barker, and Edmunde Selers, beynge the number of .xxi. persons, which haue not onely made Russels Sattens, and Sattens Reuerses, and fustian of Naples within the saide citie of Norwiche of Norfolke wolles, but also haue learned and taught other citizens and inhabitauntes of the said citie to make the same, in suche good and perfect maner, that muche better Russels Sattens, Sattens reuerses, and fustian of Naples, and suche lyke, and for easyer pryces, be now at thys present wrought and made within the sayd citie, then heretofore hath bene, or nowe be made in anye of the partyes beyonde the seas, whereby the said citie and inhabitauntes therof maye and be in lyke agayne to be relieued and bronghte to the olde estate, to the greate aduauncement of the commodytyes of thys realme, and enrichynge the same, yf some good and polytyke lawes and ordynaunces were made for the good continuaunce of the true makynge of the sayde Russeles Sattens, Sattens Reuerces, and Fustyan of Naples, and suche lyke.
In consideration whereof be it enacted by the assent of the kynge and queenes hyghnes the Lordes spyrytuall and temporall, and the commons of this present Parlyament assembled, and by thauctoritie [Page]of the same, that the saide russels sattens, and sattens reuerses, and fustian of Naples hereafter to be made only within the sayd citie, maye from henceforth beare the name, and be called by the name of Norwiche sattens, and Norwiche fustians, and that the maior and the afore mentioned citezens of the same citie, which before this tyme hath ben at the costes and charges of the bringing of the sayde straungers into the same citie, for the making of the sayd russels sattens, sattens reuerses and fustians of Naples, and suche the afore mentioned eyght persons, that they haue called vnto them shalbe a felowshyp of them selfes and shall yerely the thyrd daye of Februarye choose of theyr felowes, foure wardens within the guilde hall of the sayde citie, or anye other common and conuenient place in the same Cytie, and the same wardens so beynge choosen, shall stande and be wardens of the same felowshyp during one whole yeare, next ensuing the said election & that the same wardeynes after the sayd election shall come before the maior of the sayd citie for the tyme being, yerely the mondaye nexte after the sayde thirde daye of Februarye, and before the sayde maior shalbe sworne diligentlye to viewe searche, and see al the russels sattens, sattens reuerses, and fustian of Naples, then made or that shalbe made within the sayd citie, durynge the sayde yeare. And suche of the sayde russels sattens, sattens reuerses, and fustian of Naples, as shal apeare and be demed by them to be lawfully truely and workmanly wrought shall seale with a seale of leade, bearyng the armes of the cytie of Norwiche, wherby it may be knowen to the marchaunt or buyer of them that the same be allowed and truely made.
And that also it maye be enacted by the auctoritie aforesayde, that the sayd wardens and felowshippe shalbe a bodye corporate, and to be named and be enabled by this acte to sue, and be sued and to geue, and to take by the name of wardeynes and felowshyppe of the mysterye of russel sattens, sattens reuerses, and fustian of Norwiche makynge within the said cytye of Norwiche. And yf any defaulte at anye tyme shalbe founde in any of the sayd russels sattens, sattens reuerses, & fustian of Norwiche, or in any of them by the sayde wardeynes, that the same default shalbe reformed and the offendour or offendoures therein to be punished accordinge to such rules and ordinaunces, as hereafter from time to time shalbe made within the said citie by the maior of the sayd city for the tyme beynge, and by the sayde foure wardeynes, and the felowshyppe of the sayde occupation or misterye, or the greatest number of the sayde felowshyppe for, and concernynge the same, and that the same defaultes from time to tyme, as occasyon shall serue shalbe enquyred of, and tried before the maior of the said cytye of Norwiche for the tyme beynge, by the othes of twelue honeste menne of the foresayde felowshyppe. And that the sayde foure wardeynes so chosen and sworne, shall haue full power & auctoritye, to doo execute, [Page]presente, and reforme all and singuler thynge and thinges, of, for, and concernynge the sayd mysterie, makyng workyng and occupiynge of the said russels sattens, sattens reuerses and fustian of Norwich with in the sayde citie in such maner and fourme as in or by the sayde ordynances shalbe expressed and declared, and that at all tymes hereafter and from tyme to time it shalbe lawful to the Maior of the sayde cytie for the tyme being, and to the before named felowshyp and wardeyns of the same mysterie, and the more parte of theim, & to theyr successors, to make and ordeyne from time to time rules, lawes and ordinances mete and necessary for the good order and gouernaunce of the sayde mystery, and for the true and wel makyng of the sayd russels sattens, sattens reuerses, and fustian of Norwiche, and the same ordinaunces so made to be at all times obeied by al thinhabitaunce of the said citie, or suburbes of the same, & to be put in due execution by the saide maior and wardens, and their successors for the time being, in such manner & forme as by the sayd ordinaunce shall be ordeyned and declared. And that such as now be and ye hereafter shalbe makers of the saide russels sattens, sattens reuerses, and fustian of Norwich, & euery of thē within the sayd citie shall not from henceforth occupy ye said mystery & makyng of the said russels sattens, sattens reuerses, & fustian of Norwiche, nor anye of them within the sayd citie by them selues, or by anye other, before he or they so occupiyng the sayde mistery within the sayde citie be made free of the said citie, and admitted to be of the sayd felow ship by the maior of the sayde citie, & wardeyns and felowshyppe of the sayd mistery for the time beyng. And that no person do occupy by him selfe or anye other for him out of the sayd citie, the saide misterye of makyng of russels sattens, sattens reuerses, and fustians of Naples, or of any of them, before he or they so occupiyng the same, haue ben prentice to the saide misterye by the terme of seuen yeares, or elles admitted by the sayde maior and felowshyp or the more part of them, vpon paine of forfeyture of the same russels sattēs, sattens reuerses, & fustian of Norwich by thē or any of them to be made cōtrary to the forme of this act.
Prouided alwayes & be it enacted by thauctoritie aforesayde, that the sayd maior and wardens for the tyme beynge, shall not take anye summe of money, or reward to theyr owne proper vses, for the admytting of any person or persons, to occupy the said mysterye vpon paine of forfeyture of treble the value of the reward or summe of moneye so by them or anye of them to be taken.
Prouided also, that it shalbe lawfull to the sayde wardenes, and to euery of them for the time being, by alwayes and meanes & at al lawfull times, dingētly from time to time, to make searche by dewe & ordynary waies, for al maner of the saide russels sattens, sattens reuerses, and fustian of Norwiche, that shal happen to be founde by them defectiue, for lacke of good and true workmanshyp. And that it shalbe lawfull [Page]to the sayd wardeynes and euery of thē for the time beinge, by vertue of this acte, to sease and take the sayd russels sattens, sattens reuerses, and fustian, & bringe and present the same clothes so seased and taken, to the Maior of the said citie for the time being, & vnto his successors, to thintent that twelue honest, lawful, and expert men of the said mysterie, and felowship being sworne before the sayde Maior, maye by vertue of their othes, make inquirie, and present the maner of the sayde defaultes before the said Maior, for the tyme beyng accordyng to such good and holsom or dinances and rules, as shalbe ordeyned and made for the conseruation and good continuance of the sayd occupation and misterie, and the true makyng and working of the said russels sattens sattens reuerses, and fustians of Norwich. And that al & euery person and persons, that shall occupy, vse, and exercise the said misterye, or making of the said russels sattens, sattens reuerses, and fustians of Norwiche, or any of them, contrary to the forme, tenour playne meanyng, and intent of this act, and of the rules & ordiaunces, that at any time hereafter by aucthoritie of this acte shalbe ordeyned and made for the continuaunce of the true and perfect making of the sayd russels sattēs sattens reuerses, and fustian of Norwich, shall forfeyt and lose for euery tyme so offending, or making any russels sattens, sattens reuerses, and fustian of Norwiche, contrary to the meaning, tenour and effecte of the said acte, rules, and ordinaunces, concerning the same, suche fines, emerciamentes, and paines as shalbe adiudged, assessed, and affered by twelue experte men of the sayd felowship vpon theyr othes, the same twelue persons to besworne before the said Maior and wardens to enquire and make true verdict, and presentment of such defaultes, the one half of al which forfeyture to be to the Maior of the saide citye for the time being, & his successors, and thother moitie to the said wardens for the time being, and their successors, bi action of det, vil, plaint or information, in any court of record, in which action, vil, plaint or information no wager of law protection, inuention, or forren Ple, shalbe allowed. And in case it shall fortune hereafter, that any of the sayde russels sattens, sattens reuerses, & fustian of Norwich shal lack of such lengthes & bredes, or of the true and ensuing making or sorting of the yarne as shalbe appoynted, and set forth by the sayd rules and ordinances, and the same so to be found defectiue by verdicte of twelue men of the said felowship before the sayd Maior and wardeins, and theyr successors: That then the said russels sattens, sattens reuerses, & fustians of Naples, and euery of them so found defectiue, to be cut in two peeces, and to paye such fine or fines as shalbe offered & affered by the said twelue expert men by vertue of theyr othes, the one moytye of whiche fyne or fines to be to the Maior of the sayd citie for the tyme being, and to his successors and thother moytie to the wardeynes of the sayde felowshyp for the tyme beyng, and to theyr successours.
Prouided alwayes and be it further enacted by thauctoritie aforesayd, that if any wardeyne or wardeines for the time beyng of the said misterie or occupation of makinge russels sattens, sattens reuerses, and fustian of Naples, shal at any tyme hereafter seale, or cause to be sealed any russels sattens, sattens reuerses, or fustians of Naples, that shal not be wel sufficient and truely wrought, and made accordyng to the true entent and meanyng of thys present act, shal forfeyt & loose for euery pece so sealed, beyng not well sufficient and trulye wrought and made, the whole value of euery suche pece so sealed, thone halfe of whiche forfeytures to be to the kynge and Queenes maiesties, her heyres and successors, and thother moytye therof to be to such person and persons as shall sue for the same by byll, action, or information, in anye of the kynges courtes of record, in whiche byll, action, or information no essoygne protection, or wager of lawe shalbe allowed.
An act to confyrme the liberties of the lorde Marchers in Wales.
The .xv. Chapter.
HVmbly besechen your excellente maiesties, youre true and faythfull Subiectes, the lorde Marchers bothe spyrytuall and temporall, within your hyghnes dominion of Wales, that where as in the parliament holden at Westm. the xxvii. yeare of the raygne of kynge Henry theyght, father vnto you oure naturall Soueraygne ladye, amongest other thinges one acte was made and established for lawes and instice to be ministred in the sayde dominion of Wales, inlyke fourme as it is in thys realme of England, in the whiche acte one article is, that for that the lordes Marchers before the parliament had vsed to put theyr tenauntes within the lordships Marchers, vnder common maynpryce and suerty of apparaunce, and haue had the forfeytures thereof, which for euer from and after the feast of al sainctes then next ensuyng the sayde parliament shoulde vtterlye sease, and be determyned. It was enacted that after the sayd feast of all saynctes, euery lay and temporall person then beyng a lorde Marcher, shoulde haue the moitye or halfe of euery forfeyture of all and euery common mainpryce, recognisance for the peace or apparaunce, forfeyted by anye of their tenauntes inhabitinge within any of theyr lordships marchers, and they to be payed the same moytie or halfe by the handes of the shyriffe of euerye of the countyes where such forfeyture shalbe, yf the shyryff can leuye the same, and the same shyriffe to accompte to our sayde late soueraygne lorde the kynge for the other half or moytie, in suche excheker as they can be accōtant. And further it was enacted by the auctoritie aforesayde, that all and euery lay, and temporall person or persons, then beyng lords marchers and hauyng any lordshyps marchers, or lordships royall shoulde from and after the sayd feast of al sayuctes, haue all such myses and profytes [Page]of their tenantes, as they haue had or vsed to haue at the fyrste entrye into theyr landes in times past. And also should haue hold & kepe, with in the precinct of theyr lordeshippes, courtes Baron, courtes lete, and lawdayes, and all and euery thing to the sayd courtes belonging, and also shuld haue within the precinct of their said lordships, or lawdaye wayf, strayf, infangthefe, outfangthefe, treasure trouie, deodandes, goodes and cattels of fellons, and of persons cōdempned or outlawed of fellony or murther, put in exigente for fellonye or murther, and also wrecke de mer, wharfage, and customes of straungers, as they haue had in time paste, as thoughe such priuileges graunted vnto them by poynt of charter, any thing in that acte to the contrary notwithstanding, as in the said act of parliament more at large it may appeare.
And forasmuch as bishops, and other ecclesiastical persons beynge lordes marchers, hauing the like liberties, casualties, profittes, and cō modities, within their iordshyps marchers, and lordships royal, with in the sayd dominion, or principalitie of Wales, were not prouided for by the expresse letter of the sayde statute, in like sorte as the laye and temporall lordes marchers were, but rather of purpose as it shoulde seme forgotten and lefte out of the sayde acte, agaynste all reason and good equitie: And forasmuch also, as the heyres and successoures of the lay and temporal lordes marchers, then beinge were not prouided for, by the limitation and expresse wordes of the sayd acte, as well as their auncesters & predecessors were, as reason wold thei shulde haue bene.
It may please your maiesties of your moost gratious fauoure and benignitie at the humble suit and supplication of youre sayde faythfull subiectes the lordes marchers that nowe are, in the sayd dominion of Wales, both spiritual and temporal, to graunt that it maye by thassēt of the lordes spiritual and temporal, and the commons in this present parliament assembled, be ordeined, established, and enacted, by thauctoritie of this present parliament, that aswel your said spiritual and ecclesiastical subiectes, lordes marchers, now hauinge lordshippes marthers, or lordships royal in Wales aforesayde, and their successors, and the successoures of euerye of them, as also the heyres and successoures of the lordes temporall marchers, that then were or nowe be, and the heyres or successours of euery of them beyng, or whiche hereafter shall belordes marchers within their lordships marchers, and lorshyppes royal in the dominion or principalitie of Wales, shall haue and enioye to them and to their heires & successors, respectiuely and seuerallye for euer the moytie & half of euery forfeyture, of al & euery common mainprice recognisāce for the peace or apparaunce forfeyted by anye theyr tenantes inhabiting wtin any of their lordships marchers, or lordships royal, & they to be payde the same moytie or halfe by the handes of the shyriffe of the countie, for the time beyng, after suche forme and sort as the sayd lay or temporal lordes marchers haue bene or oughte to haue [Page]bene payed the same, by force of the sayde Statute.
And further, shall haue all such mises, & profites of their tenauntes, as the lordes marchers, spirituall or temporall, respectiuely, or seuerallye had or vsed to haue at theyr fyrst entry into their landes in times past before the makyng of the sayd act or statute. And also shall haue, hold and kepe within the precinct of their sayd lordships, al such courtes baron courtes lete, and lawdayes, and al and euery thing and thinges, to the same courtes belonging, and also shal haue within the precincte of theyr sayd seuerall lordshippes, or lawdayes, all suche waif, straif, in fang thefe, outfang thefe, treasure trouis, deodamdes, goodes, and cattels of fellons, and of persons condem [...]ned or outlawed of fellonye or murther, put in exigent for fellony or murther, and also al such wreck demer, wharfage, & customes of straūgers, as the lordes Marchers, spyrytuall and temporall, respectiuely, and seuerallye had and vsed in tymes past, before the makyng of the sayd statute.
☞ An act for the continuaunce of certayne statutes. Cap .xvi.
WHer in the parliamēt begon & holden at London the, iii. daye of Nouember. in the .xxi. yeare of the raigne of our most dread souerain lord of most famous memory, king Henry theight, & from thence adiourned to Westm. and there holden & continued by diuers prorogations, vnto the dissolution therof, one act was made and established for the restraint of cariage, & conueying of horses, & mares out of this realme, & also one other act was there made for the true windinge of wolles, and one other act was there made, to restrain killing of wain linges, bullocks, stieres, & heifers, being vnder thage of .ii. yeres which sayd seueral actes were then made to endure & continue to the nexte parliament, as by the said seuerall actes more playnly appeareth. And wher also in the said parliament, one other act was made & established for attaintes to be sued for the punishment of periury, vpon vntrue verdites, which actes last before rehersed, were then made and ordeined, to cōtinue & endure to the last day of the next parliamēt as by the same act more playnely at large is shewed & may apeare. And wher also in the parliament begon and holden at West. theyght day of Iune, in the xxviii. yere of the raygne of our sayd most drad soueraigue lord kynge Henry the .viii. and ther continued & kept vnto the dissolution thereof it was ordeined and enacted, that al & singuler the said actes aboue remembred, & euery of them, should continue & endure in their force and strength, & also be obserued & kept vntyl the last day of the nexte parliament, as by the same act amonges other thinges therein conteyned more plainly appeareth. And where also in the parliament begon and holden at West. the .xxviii. day of aprill in the .xxxi. yeare of the raigne of our sayd late most dread soueraigne lord king Henry the eyght, and [Page]there continued vntill the .xxviii. day of Iune then next folowing it was ordeined and enacted by thaucthoritie of the same parliamēt ye al & singuler the said seueral actes aboue remembred & euery of thē & al clauses, articles, & prouisions in them, & euery of them cōtayned, should coutinue & endure in their force & strength, & also be obserued & kept vntil the last day of the next parliamēt, as by the same acte a mongs other thinges therein contained, more playnly appeareth. And wher in the parliament holdē at Westm. in the xxxv. yeare of the raigne of our said late soueraigue lord king Henry theight, on act was made for the preseruatiō of woods, to endure for vil. yeares then next folowyng, & from thence to thend of the next parliamet, as by the same act more playnly doth & may appeare. And wher also at the parliament holden at West. in the .xxxvii. yere of the raigne of ye sayd king Henry theight, & ther cōtinued and kept vntil ye dissolutiō thereof it was ordeined & enacted ye al & singuler the said actes abou mentioned & euery of thē excepte the said act made for the preseruation of wodes, as is aforsaid, shuld continue & endure in their force & strenght, & also to be obserued & kept, vntil the last day ye of next parliamēt then folowing, as by the same act amongs other things therin conteined more playnly appeareth. And wher also at the sessiō of the parliamēt, ended at Westm. in the xiiii. day of March, in ye third yere of the reigne of our soueraigne Lord kyng Edward the syxte, one acte was made for the true curriyng of leather, which acte was made to endure to thend of the next parliament, as by the same acte more playnly appeareth. And wher also at the sessyon of a Parlyament ended at West. the first day of February, in the fourthe yeare of the reigne of our said late soueraigne Lord kind Edward the .vi. one acte was then & ther made, concerning the buying of rother beastes. And also one other act was then & ther made touching the duiing & selling of butter & chese, which sayd seueral actes, were then & there made, to endure & continue, to the ende of the next parliamēt as by the same seuerall actes more at large it doth and may appere. And where also at the session of a parliamēt by prorogation holdē at West. the xxiii. day of Ianuary in the v. yeare of the reign of our said soneraygne lord, one other act was thē and ther made, agaynste regratours and forstallers to endure to thend of the next parliament which al & singuler the said actes aboue mentioned together, with ye said act concerning theyreseruation of wodes, at a parliament holdē at Westm. the fyrst day of March, in the vii. yeare of the raygne of our said soueraigne Lord King Edwarde the .vi. & there contynued and dyssolued the last day of the same moneth of March, & al clauses articles & prouisions in thē, & euery of them conteined were there reuiued & continued, to stand 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. ye xxiiii. day of October, in the .i. yeare [Page]of the raygne of our most gratious soueraygne lady ye quene, & there contynued & kept vntil ye dissolution therof, one act was ther made & established against vnlawful & revellyous assembles, to endure to thend of ye next parliament as by ye same act mor plainli doth & maye appeare. And wher also at ye same fessiō of parliamēt, last before mētioned, al & singuler ye acts aboue mētioned & before ye time cōtinued at at sundri parliamēts, as is aforesiad, & clauses, articles, & prouisions in them and euery of them conteyned, wer their reuiued, and continued to stand in their force and strength, vnto the last day of the next parliamēt Forasmuche as al & synguler the sayd seueral actes aboue mentioned be good & beneficial for ye common wealth of this realme Be it therfore enacted ordeined & established by ye king & quene our soueraigne lord & lady with thassent of ye lordes spiritual & temporal & the cōmons in this presēt parliament assembled & by thaucthoritie of the same yt al and singuler the seueral acts & estatutes aboue mentioned & rehearsed, & euery of them and al clauses articles, and prouisions in thē & euerye of them conteyned, shalbe reuiued, continued, stād & endure in theyr force & strength, to al intentes, construtcions, & purposes & shall be obserued and kepte in al thynges, vntil the last day of the next parliament.
An acte touchyng leases hereafter to be made by certayne spiritual persones. Cap .xvii.
WHere in the parliament begon & holdē at West. the eight day of Iune, in ye .xxviii. year of yt raigne of our lat king of famous memory Hēry theight, & ther cōtinued & kept vntil ye dissolution of the same parliament, ye xviii. dai of Iune next folowing, one act intituled, an act for restitutiō of ye fyrst fruytes in the tyme of vacatyon, to the nexte incūbente, was had & made wherin are certeine clauses for leases thē made, & to be made bispiritual & ecclesiastical persons, to endure, & be in force for terme of, vi. yeares if ye incumbentes did resigne ther said spiritual promotions or if ye same shuld otherwise becom void bi thonli act of the same thincumbētes, is bi ye same act mor at large may appeare. To thintēt ye persons & vicares & others hauing cure of soules may ye better attende, and be the more vigylaunt in thir misterye and function.
Be it enacted by the king our soueraigne lord, & ye quene our soue raigne lady with thassentes of ye lordes spiritual & temporal & ye commons in this present parliament assēbled & by aucthoritie of yt same yt asmuch of ye same acte, as doth conserne the making good of ye said ieasesne any clause, sentence, prouision, or article therein conteyned shal extend, or be construed, or adiudged to extend to any lease, that shalbe made by any persō, vicar or any other haing any spiritual promotion, after the feast of the purificatiō of our Lady next cōming.
Excusum Londini in aedibus Iohannis Cavvodi, Tipographi Regiae Maiestatis. Anno M.D.L.V