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A23017 Anno quinto reginæ Elizabethe. At the parliament holden at Wesmynster the .xii. of Ianuary, in the fyfth yere of the raigne of our soueraigne lady, Elizabeth by the grace of god, of England, Fraunce, and Irelande, quene, defendour of the the fayth. [et]c. To the hygh pleasure of almyghtye God, and the weale publique of this realme, were enacted as foloweth; Laws, etc. England and Wales. 1564 (1564) STC 9464.5; ESTC S113166 167,827 188

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default contempt by him made against the proclamation of any of the saide writtes so infinitelye to be awarded against hym shall incurre lyke payne and forfaiture of xx.li which shall lykewyse be extreated in maner and fourme aforesayde And be it further enacted by thaucthoritie aforesaid that when any person or persons shall yelde his or theyr body or bodyes to the handes of the sheriffe or other officer vpon any of the saide writtes of Capias that then the same partie or parties that shal so yeld them selues shall remayne in the prison and custody of the sayde sheriffe or other officer without Bayle Baston or maynpryse in suche lyke maner and fourme to all intentes and purposes as he or they shoulde or ought to haue done if he or they hadde ben apprehended and taken vpon the sayde writte of Excomunicato capiendo And be it further enacted by thaucthoritie aforesaid that if any Sheriffe or other officer by whom the sayde writte of Capias or any of them shal be retourned as is aforesayde do make an vntrue retourne vpon any of the sayde writtes that the partie named in the saide writte hath not yelded his body vpon the said proclamations or any of them where in dede the partie did yelde him selfe accordyng to the effect of the same That then euery suche Sheriffe or other officer for euery such false and vntrue retourne shall forfait to the partie grieued dampnified by the said retourne the sūme of xl.li For the which summe of xl.li the said partie grieued shal haue his recouery and due remedie by action of debt byll playnt or information in any of the Quenes courtes of Record in which action byll playnt or information no essoigne protection or wager of lawe shal be admitted or alowed for the partie defendaunt Sauyng and reseruing to all Archbyshops and Byshops and all others hauing aucthoritie to certifie any person excommunicated lyke aucthoritie to accept receaue the submission and satisfaction of the sayde person so excommunicated in maner and fourme heretofore vsed and hym to absolue and release and the same to signifie as heretofore it hath ben accustomed to the Quenes Maiestie her heyres and successours into the hygh court of Chaūcery and thervpon to haue such writtes for the deliueraunce of the said person so absolued released from the Sheriffes custody or prison as heretofore they or any of them had or of ryght ought or myght haue had Any thyng in this present Statute specified or conteyned to the contrary hereof in any wyse notwithstandyng Prouided alwayes that in Wales the Counties palatines of Lancaster Chester Durham and Eley in the Sinque portes beyng iurisdictions and places exempt where the Quenes Maiesties writte doth not runne and proces of Capias from thence not retournable into the sayde Courte of the kynges Benche after any significauit beyng of recorde in the sayde court of Chauncerye the tenour of such Significauit by Mittimus shal be sent to such of the head officers of the sayde countrye of Wales Counties palatines and places exempt within whose offices charge or iurisdiction the offendour shal be resiaunt that is to say to the Chauncelour or Chamberlayne for the sayde Countie palatine of Lancaster and Chester and for the Sinque portes to the Lorde Warden of the same and for Wales and Eley and the Countie palatine of Durham to the chiefe Iustice or Iustices there And therevpon euery of the saide Iustices and officers to whom such tenour of Significauit with Mittimus shal be directed and delyuered shall by vertue of this estatute haue power and aucthoritie to make lyke proces to the inferiour officer and officers to whom the execution of proces there doth appertayne returnable before the Iustices there at their next Sessions or Courtes two monethes at the least after the Teste of euery suche proces So alwayes as in euery degree they shal proceade in their Sessions and Courtes agaynst the offendours as the Iustices of the sayde Courte of Kynges Benche are limitted by the tenour of this Acte in Terme tymes to do and execute Prouided also and be it enacted that any person at the tyme of any proces of Capias afore mentioned awarded beyng in pryson or out of this Realme in the Parties beyonde the Sea or within age or of non sane memorie or woman couert shall not incurre any of the paynes or forfaitures afore mentioned whiche shall growe by any retourne or default happenyng duryng such tyme of nonage imprisonment beyng beyonde the Sea or non sane memorie And that by vertue of this estatute the partie greued may pleade euery such cause or matter in barre of and vpon the distresse or other proces that shal be made for leuying of any of the sayde paynes or forfaitures And that yf thoffendour agaynst whom any suche writte of Excomunicato capiendo shal be awarded shall not in the same writte of Excomunicato capiendo haue a sufficient and lawfull addition accordyng to the fourme of the estatute of prime of Henry the .v. in cases of certaine suites whervpon proces of exigent are to be awarded Or if in the Significauit it be not conteyned that thexcommunication doth proceade vpon some cause or contempt of some originall matter of heresye or refusyng to haue his or theyr chylde baptised or to receaue the holy Communion as it is nowe commonly vsed to be receaued in the Churche of Englande or to come to diuine seruice nowe commonly vsed in the sayde Churche of Englande or errour in matters of religion or doctrine nowe receaued and allowed in the sayde Churche of Englande incontinencie vsury simonie periury in the Ecclesiasticall court or Idolatrye That then all and euery paynes and forfaitures limitted agaynst suche persones excommunicate by this estatute by reason of such writte of excomunicato capiendo wantyng sufficiēt addition or of such Significauit wanting all the causes afore mentioned shal be vtterly voyde in lawe and by waye of plea to be alowed to the partie grieued And yf the addition shal be with a nuper of the place then in euery such case at the awarding of the first Capias with proclamation according to the fourme afore mentioned one writte of proclamation without any payne expressed shal be awarded into the Countie where the offendour shal be most commonly resyant at the tyme of the awardyng of the sayde first Capias with payne in the same writte of proclamation to be retournable the daye of the retourne of the sayde fyrst Capias with payne and proclamation therevpon at some one such tyme and court as is prescribed for the proclamation vpon the sayde fyrst Capias with payne And yf such proclamation be not made in the Countie where thoffendour shal be moste commonly resiaunt in such cases of additions of nuper that then such offendour shal susteine no payne or forfaiture by vertue of this estatute for not yeldyng his or her bodye accordyng to the tenour afore mentioned Any thing before specified
persons as be fledde and gone out of this Realme contrary to the lawes and Statutes of this Realme without the Quenes Maiesties licence And also all such persons as haue obteyned and had licence to departe the Realme for a tyme and nowe do abyde out of the Realme without any lawfull excuse after the tyme of theyr licence expired Prouided alwayes and be it enacted by the aucthoritie of this present Parliament that all and euery person and persons which haue tendered and ought to sue lyuery out of our sayde soueraigne Lady the Quenes handes of or for any manours landes tenementes or hereditamentes whatsoeuer they be shall sue his or theyr lyuery and lyueryes out of our sayde soueraigne Ladye the Quenes handes of his or theyr manours landes tenementes and hereditamentes in lyke maner and fourme as they and euery of them should and ought to haue done yf this Acte hadde neuer ben had ne made Any article thyng or thinges in this present Acte of generall and free pardon comprised and specified to the contrary notwithstandyng And be it further enacted by thaucthoritie aforesayde that in case it be obiected to or against any Sheriffe or Sheriffes or other accomptantes in the Quenes court of Exchequer or in any other her courtes that any Sheriffe or Sheriffes or other officers accomptantes haue receaued or taken any such fines issues or amerciamentes as by this present Acte be pardoned and acquited that then euery such Sheriffe Sheriffes and other accomptantes shal be discharged and acquited therof by his or theyr owne corporall othe to be ministred and taken openly before the Barons in the sayde court of Exchequer or before the Iustices in any other court without any further tryall in that behalfe Prouided alwaye that this present Act of free pardon nor any thyng therin conteyned in any wyse extende to discharge remitte or acquite any person or persons for any such issues fines or amerciamentes as any Sheriffe heretofore haue accompted for before the Barons of the Quenes Exchequer or els where and payde the same issues fines and amerciamentes vpon his or theyr sayde accompt determined to the Quenes vse and hath his or theyr Quietus est for the same Prouided alwayes and be it enacted by the aucthoritie aforesayde that it shal be lawefull to all and euery Clarke and other officer of any the Quenes Courtes to awarde and make writtes of Capias vtlegatum at the suite of the partie plaintyffe agaynst such persons outlawed as be pardoned by this Acte to thintent to compell the defendaunt and defendauntes to make aunswere to the playntyffe or playntyffes at whose suite he or they were outlawed And that euery person so outlawed shal sue a writte of Scire facias against the partie or parties at whose suite he or they were so outlawed before this pardon in that behalfe shal be alowed to hym that so is outlawed GOD saue the Quene ¶ Imprinted at London in Powles Churchyarde by Richard Iugge and Iohn Cawood Printers to the Quenes Maiestie Cum priuilegio Regiae Maiestatis ¶ An Acte of a Subsedye with two Fyftenes and Tenthes graunted by the Temporaltie THE certeyne knowledge and perfite sence that we your Maiesties moste humble subiectes haue and fele of the great felicitie which synce your reigne we hitherto haue enioyed and nowe presently do enioy farre beyonde all other nations our neyghbours yea muche augmented to our happynesse hauyng regarde to the former troublesome times amongst our selues doth vehemently presse and enforce vs first and principally with all our hartes and soules to acknowledge our most bounden dueties to Almightie God the king of kinges for his exceadyng singuler and diuine goodnes shewed to vs his creatures in preseruyng for our safetie after so many stormes your royall princely person our moste gracious Quene and in guydyng directing the same for our happynesse in so vnhappy an age thus happyly quietly and prouidently to gouerne vs his people committed to your charge And nexte for the same great benefites bestowed vpon vs by his mercyfull goodnesse by and through your Maiesties person Regiment to offer our selues most ready with all obeysaunce and loyaltie to serue and most humblye obey your Maiestie as Gods immediate minister in earth and supreme gouernour ouer vs to the vttermost of our power and ende of our lyues And furthermore consyderyng with our selues and beholdyng manyfestlye with our eyes the many notable beneficiall and princely actes done by your Maiestie with thassent of Gods fauour in these fewe yeres for the weale and suretie of this your Realme ¶ First in restoring vs to the fauour knowledge true seruice of almightie God by restauration into this Churche of Englande a sincere vniforme rule and order in Christian religion by delyuery of vs and our consciences from a foreyne vnnaturall tiranny and power notwithstandyng the many great threatnynges of worldly power to the contrary ¶ Next by reducyng this your Realme and all other your dominions from warre wherin you founde it to peace with your neighbours which two godly actes your Maiestie did accomplishe immediatly at your first entrie to this your crowne ¶ Thirdlye by the euident deliuery of this Realme frō the great manifest intended inuasions conspired prepared by strangers the auncient enemies of this Realme ioynyng therwith the princely and vpright preseruation of the libertie of the next Realme and nation of Scotlande from imminent captiuitie and desolation and so without any bluddy battayle most prouidētly though chargeably diuerting the force of the enemie intended against this Realme to their reproffe ¶ Fourthly by repayryng storyng enrychyng buyldyng reenforsyng this your Realme with the worthyest treasures of Armure Munition and all kynd of prouisions offensiue and defensiue for warre and of a princely nauie of Shippes for the seruice and defence of this your countrey and vs your people ¶ And next thereto as it were in a time almost desperate or doubtfull for the weight of the matter by conuertyng of the lothsome an vyle great and long growen bulke of copper and counterfaite moneys eatyng and dayly consumyng the honor and wealth of this Realme lyke a Canker into treasures only of golde and syluer moneys without hauing any peece of copper moneys currant in this Realme a singuler preheminence aboue all countreys in Chirstendome ¶ And lastly by a most prouident seasonable enterpryse nowe taken in hande this yere beyng therto necessaryly prouoked besides the foresight for safetie of your own Realme for the defence also of your Maiesties tender yong Brother and next neighbour the French Kyng beyng forcyblye gouerned agaynste his lawes and libertie by reason of the ambition of certeyn his vncontented subiectes being not disposed to liue as subiectes in quietnes as the experience of them towardes this Realme hath also proued And consequently in this enterprise your Maiestie not forgettyng the iust and seasonable recouery of an auncient porcion of this your crowne lately and vnfortunately spoyled and broken