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A22992 Anno primo & secundo Philippi & MariƦ actes made at a Parliament, begon and holde[n] at Westminster, the xij. daye of Nouember, in the fyrste and seconde yeare of the reigne of our soueraygne lorde and lady Philip and Mary, by the grace of God, Kinge & Quene of England, Fraunce, Naples, Jerusalem, and Ireland, defendours of the fayth, princes of Spayne and Cycilie, archedukes of Austria, dukes of Myllayn, Burgondie, and Braband, counties of Haspurge, Flau[n]ders and Tyroll, and there continued and kept to the dissolution of the same, beynge the xvi. day of Januarye then next ensuynge, were enacted as foloweth.; Laws, etc. England and Wales.; England and Wales. Sovereign (1553-1558 : Mary I) 1555 (1555) STC 9447.9; ESTC S1983 63,068 70

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intentes constructions and purposes And further that Iustices of the peace in euery Shire citie towne corporate within the limittes of their seueral commissions shal by auctoritye of thys present act haue ful power to examine heare and determine the causes aboue sayd in the sayd two first actes specified and to put the sayde two fyrst statutes and euery braunche in them conteyned in due execution that frō henceforth condigne punishement be not deferred from suche offenders And for asmuch as diuers and sundrye malicious euyl dysposed persons maliciously sediciously rebelliously and vnnaturallye contrary to the duety of their fidelityes and allegiaūces haue now of late not only ymagined inuented practised spoken and spredde abrode diuers and sundry false seditious sclaunderous newes rumors sayinges and tales agaynst our moost dreade Soueraygne Lord and kyng and agaynst our moost naturall Soueraygne Ladye and Quene and agaynst eyther of them of whome we are forbidden to thinke euyl and much more to speake euyl which offence soundeth and is aswel to the greate dishoner reproche and sclaunder of their most excellent maiesties as also to the great sclaūder of this their realme and other their dominiōs but also haue deuised made written printed published and set forth diuers he ynous sedicious and sclaunderous writinges rimes ballades letters papers and bokes intending and practisyng therby to moue and styrre seditiōs discorde discētion rebellion within this realme to the greate peryll and daunger of the same For auoydynge wherof be it enacted by thauctoritie of this present Parliament that yf any person or persons after the .xx. day of February next ensuing and after open Proclamacion made of this Acte shal maliciously of his or theyr ymagination speake anye false sedicious slaūderous newes rumors sayings or tales of our said Soueraigne Lord king or of our said most natural Soueraigne Lady Quene that then al euery such person persones so offēding beinge therof cōuicted or attainted in forme hereafter in this Acte expressed shal for euerye fyrst offence in some markette place within the shyre Citie or Borough where or neare vnto the place where the said wordes were or shal be so spoken be set openly vpon the pilory by the Sheriffe or his ministers if it shal fortune to be with out any citie or towne corporate And if it happen to be with in such cite or towne corporate thē by the principal officer or officers of such citie or towne corporate or his or they re ministers there to haue bothe his eares cute of onlesse he paye one hundreth poundes to the King and Quenes highnes vse within one moneth next after iudgement geuen of his sayd offence and also shal suffer imprisonment by the space of three monethes after such his or theyr execution And it is likewyse enacted by thaucroritye aforesayd that al and euery person persons whych after the sayde day and after Proclamation made of thys act shal maliciously speake any false seditious and slaunderous newes rumors or tales to the slaunder and reproche of our sayde Soueraygne lord the kynge or of our sayde most natural Soueraygne ladye the Queene of the speakynge or reportyng of any other that then all and euery such person or persons so speaking and reportyng being therof conuict or atteynted in forme hereafter in thys act expressed shall for euery such offence in some market place within the shyre citie borough or town wher or nere vnto the place where the sayd wordes were or shal be so spoken reported be set opēly vpon the pillory by the shyref or his ministers if it shal fortune to be wtout anye citie or towne corporat And yf it shal happen to be wtin any city or towne corporate then by the principal offycer or offycers of such city or towne corporat or his or their ministers ther to haue one of hys eares cut of onles he pay one C. markes to the kynges and Queenes hyghnes vse wythin one moneth next after iudgement geuen of hys sayde offēce also shall suffer imprysonmente by the space of one moneth after hys or theyr execution And be it further enacted by thauctoritye aforesayd that if any person or persons shall after the sayd day and after Proclamation made as is aforesayd maliciously deuise writ print or set forth any maner of boke time ballade letter or writinge conteynynge anye false matter clause or sentence of sclaunder reproche and dishonor of the kyng quenes maiesties or of eyther of them or to the encouraging sturring or mouing of any insurrection or rebellion wythin this realme or any dominions belongyng to the same Or whosoeuer shall maliciouslye procure any such booke rime ballade letter or writyng written prynted or set furth and the sayde offence not being punishable by the Statute made in the .xxvi. yere of the reigne of king Edward the third concerning treasons or declaratiō of treason that then and in euery such case the offender and offēders ther in after his or their conuiction or attaynder shal for his or their first offence in some market place within the shyre city or borow where the sayd offence is or shal be committed or done by the shirefe or his ministers yf it shal fortune to be without anye citie or towne corporate and yf within such citie or towne corporate then by the principall officer or officers of suche citye or towne corporate or by his or their ministers haue hys and their right hand strycken of And be it further enacted by thauctoritie asoresayd that yf anye person or persons being once lawfully conuicted of any of thoffēces aforesayd now prouided to be punished by the execution of losses of eare eares or hand as is aforesayd do afterwards eftsones offend in any of the offences aforesayde that then he or they so offendynge shal suffer imprisonment duryng hys or theyr lyues wythout baile or maynprise forfeyte and ●ose to the kyng and quenes maiestyes al hys and their goodes and cattels And be it also enacted by thauctority aforesayd that al Iustices of oyer determiner within the limittes of their commission Iustices of assise in their seueral circuites Iustices of gaole delyuerye Iustyces of peace aswel within the liberties as without within the limittes of their seueral cōmissions in their generall sessions or other sessions which they or two of them wherof one of them to be of the Quorum may and shall appoynt at theyr pleasure where and when nede shal require shal by vertue hereof haue ful power and auctoritie to enquire here and determine al and euery thoffentes aforesaid as in cases and trial of fellony And that the party indicted and arrained shal haue aduauntage of al maner of chalenges to the Iurie peremptorye chalenge only except as in trial of felony And also that euery Iustice of peace within the limittes of hys commission shall haue full power and auctoritye to commit any person being vehemently suspected of any of
for euery moneth that he shal lacke such deputie or deputies shall forfeyte for euerye suche offence fyue poundes the one halfe of whych forfaytures shal be to the king Quenes highnes her heires and successours the other halfe to him that wyll sue for the same by byll playnt information or action of debt in any the kynge and quenes courtes of recorde in which no essoygne protection nor wager of lawe shal be admitted ¶ An Acte appointing in order to iustices of peace touching the baylment of prisoners ¶ The .xiii. Chapiter WHere in the parliament holden at Westminster in the. iii yeare of the reigne of the noble prynce king Henrye the seuenth it was among other thinges ordeyned enated that no prisoner arrested for felony should be lette● to bayle or mainepryce by any one Iustice of peace but by the hole Iustices or at least by two of thē whereof one to be of the Querum Since the making of which estatute one Iustice of peace in the name of hym selfe and one other of the Iustices his cōpagnion not makyng the sayd Iustice partie nor priuie vnto the case where fore the prisoner should be bayled hath often tymes by sinister labor and meanes set at large the greatest and notablest offenders such as be not repleuisable by the lawes of this realme yet the rather to hyde their affections in that behalfe haue signified the cause of theyr apprehension to be put onely for suspition of felony wherby the sayd offendours hath escaped vnpunyshed and do dayly to the high displeasure of almightie God the greate peril of the kyng and Quenes true subiectes and encoragement of all theues and euill doers For reformation wherof be it ordeined and enacted by the king and Quenes maiesties the lordes spirituall and temporall and the commons in this present parliament assembled by aucthoritie of the same that from and after the fyrst day of Apryll next commyng no Iustice or Iustices of peace shall let to baile or mainepryce anye such person or persones whych for any offence or offences by them or any of them committed be declared not to be repleuised or bailed or be forbidden to be repl●ued or bailed by the estatute of Westmin prymer made in the parliamente holden in the thyrde yeare of the reygne of kyng Edwarde the first And furthermore that any person or persones arrested for manslaughter or felony or suspectiō of manslaughter or felony beyng bayleable by the lawe shal not after the sayd fyrst day of Apryll be lette to bayle or mayneprise by anye Iustices of peace if it be not in opē Sessions except it be bi two Iustices of peace at the least wherof one to be of the Quorum the same iustices to be present together at the tyme of the said bailmēt or main pryce which hailement or mainprice they shall certifie in writynge subscribed or sygned with their owne handes at the next generall goale deliuery to be holden within the countie where the sayd person or person shal be arrested or suspected And that the sayde Iustices or one of them being of the Quorum when any such prisoner is brought before them for any manslaughter or felonye before anye baylement or maynepryce shall take the examination of the said pr●soner and information of them that brynges him of the facte circumstaunces thereof the same or asmuch therof as shal be materiall to proue the felonye shall put in wrytynge before they make the same bailement whiche sayd examination together with the sayde baylement the sayd Iustices shall certifie at the next general goale delyuery to be holden within the lymittes of theyr commission and that euery Coroner vpon any inquisition before hym found wherby any persō or persons shal be in dicte for murther or māslaughter or as accessary or accessaries to the same before the murder or man slaughter committed shal put in wrytyng the effect of the euidence geuen to the Iurye before him beyng materiall and aswell the said Iusti●es as the sayd Coroner shal haue aucthoritie by this acte to bind al such bi recognisaunce or obligation as do declare any thing material to proue the said murder or manslaughter offences or fellonies or to be accessary or accessaries to the same as is aforesaid to appeare at the next general goall deliuery to be holden within the Countie citie or towne corporat wher the triall therof shal be then and ther to geue euidence against the partie so indicted at the tyme of his triall shall certifye aswell the same euydence as suche bonde and bondes in wryting as he shal take together with the inquisition or indictment before him taken and founde at or before the tyme of his sayd tryall therof to be had or made And lykewyse the sayd Iustices shall certifye all and euery suche bonde taken before theym in lyke maner as before is sayd of baylementes and examination And in case any Iustice of peace or Quorum or Coroner shall after the sayde fyrst day of Apryll offende in any thing contrary to the true intente and meaning of this present acte That then the Iustices of gaole delyuery of the Shire citie towne or place where suche offence shall happen to be committed vpō due profe therof by examination before them shall for euery such offence set suche fyne on euerye of the same Iustices of peace and Coroner as the same Iustices o● gaole deliuery shall thynke me te and shall estrete the same as other fynes and amerciamentes assessed before Iustices of gaole deliuery ought to be Prouided alwaies and be it further enacted by thauctoritye aforesayd that Iustices of peace Coroners within the cytye of London and the countye of Middelsex and in other cities boroughes townes corporat wythin this realme and Wales shall within their seuerall iurisdictions haue auctorytye to let to bayle fellons and prisonners in such maner and forme as they haue bene heretofore accustomed thys act or any thinge therein conteyned to the contrarye notwithstandyng And also shal take examinations and bondes as is aforesayd vpon euerye baylement by them or any of them to be made and shal certifie euery such baylementes bondes and examinations by them or any of them taken or made at the next gaole deliuerye to be holden within the shyre citie borough or towne where their seueral iurisdictions extendeth vpon like payne and forfeyture as is before limitted in thys present act And be it also enacted by the auctorytye aforesayd that no writers of Habeas cor●us or Certiorary shal be hereafter graunted to remoue anye prysoner out of any gaole or to remoue anye recognisaunce excepte the same writtes be sygned with the proper handes of the chiefe Iustice or in his absence one of the Iustices of the court out of whyche the same writtes shal be awarded or made vppon payne that he that writeth anye suche writtes not beyng signed as is aforesayde to forfayt to our sayd soueraygne lord the kyng and the
or persones in this behalfe defamed or euidently suspected euerye of thē may by the aucthoritie of the sayde ordinary and Statute cause to be arrested and vnder saufe custody in his prisones to be deteined tyll he or they of the articles layed to him or them in this behalfe doo canonycallye purge him or themselfe or ells such wycked secte preachynges doctrynes and hereticall and erromous opiniōs do abiure according as the lawes of the churche doth require so that the sayde dyocesan by him selfe or his commissaryes do openly and iudicially procede against such persones so arrested and remaynynge vnder his sause custodye to all effecte of the lawe and determine that same busines accordynge to the Canonicall decrees within three monethes after the sayde arreste any lawefull impedimēt ceassynge And yf any person in any case aboue expressed be before the diocesan of that place or his commissaryes canonicallye conuicte then the same diocesan may do to be kept in his prison the sayde person so conuicte for the maner of his default and after the qualitie of the offence accordyng and as longe as to his dyscretyon shall seme expediente and moreouer to put the same person to the secular court excepte in cases where he accordyng to the canonicall decree ought to be left to paye to our soueraygne lorde the kyng his pecunier fine accordyng as the same fyne shall seme competente to the dyocesan for the maner and qualitie of the offence in whyche case the same dyocesan shal be bounde to certifye the kynge of the same fine in hys esche ker by his Lettre Patentes sealed with his seale to the effecte that suche fyne by the kynges aucthoritie maye be required and leuyed to his vse of the goodes of the same person so conuycte And yf any persō within the sayd realme and dominions vpon the sayde wycked preachynges doctrynes opinions schooles and hereticall and erronious informations or any of them be before the diocesan of the same place or his commissaryes sentenciallye conuicte the same wicked sect preachynges doctrynes and opinions scholes and informations do refuse duelye to abiure or by the dyocesan of the same place or his commyssaryes after the abiuration made by the same person pronounced fal into relapse ●o that accordynge to the holy canons he oughte to be left to the seculer courte wherevpon credence shal be geuen to the Dyocesan of the same place or to his commissaryes in thys behalfe then the sheryffe of the countie of the same place and Maior and sheryffes or sherife or Mayor and Baylyffes of the Citie Towne and borowe of the same countie nexte to the same diocesan or the sayde Commissaryes shal be personallye presente in preferrynge of such sentences when they by the same diocesan or his commissaryes shal be required and they the same personnes and euerye of them after suche sentence promulgate shall receaue and them before the people in an hyghe place dooe to be brente that suche punyshmente maye strike in feare to the myndes of other whereby no such wycked doctrine and hereticall and erronious opinions nor their abbettoures and fautoures in the said realme dominions agaynst the catholike faith christen lawe determination of the holy church which god prohibite be susteined or in any wise suffered in which al and singuler the premisses concerning the said ordinaunce and statute the sheriffes maiors and baliffes of the said counties cities boroughes and townes shal be tendyng aydynge and supportyng to the sayd diocesans and their commissaries ¶ The tenor of the third act made in the second yere of kynge Henry the fift is as foloweth Cap. vii ITem forasmuch as great rumors congregations insurrections here in the realme of England by diuers of the kinges liege people aswel by them which wer of the sect of heresies cōmonly called lollardry as by other of their confederatie excitation abbetment now of late were made to the intent to adnul distroy and subuerte the christen faythe and the law of god and holy Churche within this same realme of England also to destroye the same our soueraygne lord the kyng all other maner of estates of the same realme of Englād aswel spiritual as temporal and also al maner of policye and finally the lawes of the land The same our soueraygne lorde the kyng to the honor of god in conseruation fortification of the christen faithe also in saluation of hys royal estate of the estate of al his realme willing agaynst the malice of such heretikes lollardes to prouide a more open remedy punishement then hathe bene had vsed in the case hertofore so that for feare of the same lawes and punishement such heresies and lollardries may y● rather cease in tyme to come by the aduise assent aforesayd at the praier of the sayde commons hath ordeyned established that fyrst the chaunceler treasurer Iustices of the one bench and of the other Iustices of peace shirefes maiors and baylifes of cities and townes and al other officers hauing gouernance of people which now be or hereafter for the tyme shal be shal make an oth in taking of theyr charges and occupatiōs to put their hole power diligence to put out do to be put out cease destroy al maner of heresies errours cōmonly called lollardries wtin the places wher they exercise their offices occupations from tyme to tyme with al their power and that they assiste the ordinaryes and their cōmissaries them fauor maintaine as often as they or any of thē to the shal be required by the same ordinaries or their commissaries so that when the said officers ministers trauayle or ride to arrest any lollard or to make assistence at the instance request of the ordinaries or their cōmissaries by vertue of this statute the the same ordinaries cōmissaries shal pay for their costes reasonable And that the kyngs seruices to the which the same offycers be fyrst sworne be preferred before al other statutes for the libertie of holy church the ministers of the same in espicial for the correction punishmente of the heretikes and lollardes before this time made not repelled being in their force And also the al persons cōuict of heresie of what estate condition or degre that they be by the sayd ordinaries or other cōmissaries left to the seculer power according to the lawes of holy church shal lose and forfeyt al theyr lands and tenementes whiche they haue in fee simple in the maner as foloweth that is to say that the king haue al the lands tenementes which the sayd conuictes haue in fee simple holden of him immediatly as forfeyt that the other lords of whom the lands tenementes of such conuictes be holden immediatly after that the kyng is so seaced answered of the yere the day and the wast haue liuery our of the kynges handes of the landes tenemētes aforesaid of
in such maner and forme as by the sayde ordinaunce shal be ordeyned and declared And the such as now be and the hereafter shal be makers of the said russels sattens sattens reuerses fustian of Norwich euery of them within the sayd city shal not from hence forth occupy the sayde mysterie making of the said russels sattēs sattens reuerses fustyan of Norwiche nor any of thē within the sayde city by them selues or by anye other before he or they so occupying the sayd mystery within the sayd citie be made free of the sayd citie and admitted to be of the sayd felowship by the maior of the sayde citie wardeyns and felowshyp of the said mysterye for the tyme beyng And that no person do occupy by him selfe or any other for him out of the sayd city the sayd mysterie of makyng of russels sattens sattens reuerses fustians of Naples or of any of them before he or they so occupiyng the same haue ben prētice to the said mysterie by the terme of seuen yeares or els admitted by the sayde maior and felowshyp or the more part of them vpon payne of forfeyture of the same russels sattēs sattens reuerses fustiā of Norwich by thē or any of thē to be made cōtrary to the forme of this act Prouided alwaies be it enacted by thauctoritye aforesayde that the sayd maior and wardeyns for the tyme beyng shal not take anye summe of money or reward to their owne proper vses for the admitting of any person or persons to occupy the said mystery vpon paine of forfeyture of treble the value of the reward or summe of money so by them or any of them to be taken Prouided also that it shal be lawfull to the sayde wardeynes and to euery of them for the time being by al wayes and meanes at al lawful times diligētly from time to time to make search by dewe ordinary waies for al maner of the said russels sattens sattens reuerses and fustian of Norwiche that shal happen to be found by them defectiue for lacke of good and true workmāshyp And that it shal be lawfull to the sayd wardeynes euery of thē for the time being by vertue of this acte to sease take the sayd russels sattens sattens reuerses ▪ and fustian bringe and present the same clothes so seased taken to the Maior of the said citie for the time being vnto his successors ▪ to thintent that twelue honest lawful and expert men of the said mysterie felowship being sworne before the said Maior mai by vertue of their othes make inquirie and present the maner of the sayde defaultes before the said Maior for the time being according to such good and holsom ordinances and rules as shal be ordeined and made for the conseruation good continuance of the saide occupation and misterie the true makyng and working of the said russels sattens sattens reuerses fustians of Norwiche And that al euery persō and persons that shall occupy vse exercise the said misterie or making of the said russels sattens sattēs reuerses fustians of Norwiche or any of them contrary to the forme tenour playne meaning ▪ intent of this act and of the rules and ordinaunces that at any time hereafter by auctoritie of this acte shal be ordeyned made for the continuaunce of the true perfect making of the said russels sattens sattens reuerses fustian of Norwiche shal forfeyte and lose for euerye tyme so offending or making any russels sattens sattens reuerses fustian of Norwiche contrarie to the meaning tenour effect of the said acte rules and ordinaunces concerning the same suche fines amerciamentes paines as shal be adiudged assessed and affered by twelue experte men of the said felowship vpon their othes the same twelue persons to be sworne before the said Maior wardeynes to enquire and make true verdict presentment of such defaultes the one half of al which forfeyture to be to the Maior of the said citie for the time being his successors and thother moitie to the said wardeins for the tyme being ther succssours by action of dette bil playnt or informatiō in any courte of record in which action bil plaint or information no wager of lawe protection inuenciō or forren I le shal be allowed And in case it shal fortune hereafter that any of the said russels sattens sattens reuerses fustian of Norwich shal lacke of such lengthes bredes or of the true ensuing making or sorting of the yarne as shal be appointed set furth by the sayd rules ordinaunces and the same so to be found defectiue by verdict of twelue men of the sayd feloshyp before the sayd Maior wardeins their successors That thē the said russels sattens sattens reuerses fustians of Naples euery of them so found defectiue to be cutte in two peeces to paye such fine or fines as shal be offered affered by the saide twelue expert men by vertue of their othes the one moitie of which fine or fines to be to the Maior of the sayd citie for the tyme being to his successours and thother moytie to the wardeynes of the sayd felowshype for the tyme beyng and to their succcessours Prouided alwaies and be it further enacted by thauctoritie afore sayd that if any wardeyne or wardeines for the time beyng of the said myst erie or occupation of making russels sattens sat tens reuerses sustian of Naples shal at any time hereafter seale or cause to be sealed any russels sattens sattens reuerses or fustians of Naples that shal not be wel sufficient and truely wrought and made according to the true entent and meanyng of thys present act shal forfeyt loose for euery pece so sealed being not wel sufficient and truly wrought and made the whole value of euery such pece so sealed th one half of whiche forfeytures to be to the kyng and Quenes maiesties her heyres and successors and thother moyte therof to be to such person persons as shal sue for the same by byll action or information in anye of the kynges courtes of record in whiche byl action or information no essoygne protection or wager of lawe shal be allowed ¶ An act to confirme the liberties of the lorde Marchers in Wales ¶ The .xv. Chapter HUmbly besechen your excellēt maiesties your true faythful Subiectes the lord Marchers bothe spiritual and temporal within your highnes dominion of Wales that wher as in the parliament holdē at West the .xxvii. yere of the raygne of kyng Henry theyght father vnto you our natural Soueraygne ladye amongest other thinges one acte was made established for lawes iustice to be ministred in the sayd dominiō of Wales in lyke forme as it is in this realme of England in the whiche acte one article is that for that the lords Marchers before the parliament had vsed to put their tenauntes wythin the lordships