CAP. XIX. An alt giving authority to the Queen's majesty, upon the avoidance of any archbishoprick or bishoprick, to take into her bands certain of the temporal poffeffions thereof, recompenfing the fame with parfonages impropriate and tenths. THE HE lords fpiritual and temporal and the commons in this pre- Leafes and fent parliament affembled, perceiving how necessary it is for other affuthe imperial crown of this realm to be repaired with the reftitution of rance of birevenues meet for the fame, and having affented and fully accorded to 5 Co. 2. reftore to the fame imperial crown the firft-fruits and tenths of par- Cro. Jac. 112. fonages impropriate, for the increase of the revenue thereof, be alfo de- 1 Jac. 1. c, 3. firous to devife fome good means, whereby the faid revenue of tenths and impropriate benefices might be in the governance and difpofition of the clergy of this realm, being moft apt for the fame, in fuch fort as yet thereby the faid imperial crown fhould not be in any wife diminifhed in the faid reftored revenue. avoidance of be of the value &c. to the promoted hi II. And therefore befeech your Majefty, That it may be The ueen enacted by the authority of this prefent parliament, in manner impowered to and form hereafter following; that is to fay, upon the vacation take into her and avoidance of every archbishoprick or bishoprick within this hands, on the your realm of England and Wales, and other your Highness doany bishopminions, it fhall and may be lawful for your Highness, to elect rick, so much and choose, and to take into your hands and real poffeffion, as of the pofmuch and so many of any the honours, caftles, manors, lands, feffions as fhall tenements or other hereditaments, being parcel of the poffeffions of all the of any fuch archbishoprick or bithoprick fo being void, as the Queen's parclear yearly value of all your Majefty's parfonages appropriate fonages apand yearly tenths within every fuch archbishoprick or bithop-propriate, &c. rick fhall yearly amount and extend unto; and for the tryal of fhoprick, afevery value of fuch honours, caftles, manors, lands tenements furing the and hereditaments, it fhall and may be lawful for your High- parfonages, ness from time to time, to direct your letters of commiffion under your Highness great feal of England, into every fuch arch- shop. bishoprick or bishoprick, so being void, to fuch persons as your Majefty fhall think meet and convenient, giving them authority thereby to furvey fuch honours, caftles, manors, lands, tenements and hereditaments, parcel of the poffeffions of the fame archbishoprick or bishoprick fo being void, as to your Majesty fhall be thought meet and convenient to be taken into your Highness hands and poffeffion; and thereupon to certify the very clear yearly value thereof, over all charges and reprises, into your Highness court of exchequer, at fuch day and time as by the faid commiffion shall be limited and appointed; and after fuch certificate into the faid court of exchequer of the clear yearly value of fuch honours, caftles, manors, lands, tenements and hereditaments, so had and made, it shall and may be lawful for your Highness, by your letters patents, to give and affure unto fuch archbishop and bishop, and his fucceffors, as L 3 shall Conveyances fhall be preferred and confecrated archbishop or bishop of such archbishoprick or bishoprick fo being void, fo much and fo many of your yearly tenths, tithes and parfonages appropriated, being within the fame archbishoprick or bishoprick, as thall be of as much, or of more yearly value, as the faid honours, caftles, manors, lands, tenements or hereditaments, fo certified into your faid court of exchequer, be certified unto; and that immediately upon fuch gift and grant made by your Highness, and the fame by your Majefty under your fignet or fign manual fignified unto your treasurer and barons of your faid court of exchequer, together with your pleasure for the retaining and keeping of the faid honours, caftles, manors, lands, tenements or other hereditaments fo certified unto your faid court of exchequer, in lieu and place of the faid tenths, tithes and parfonages appropriate, the fame and fuch honours, caftles, manors, lands, tenements and other hereditaments, as fo fhall then be certified into your faid court of exchequer, fhall be adjudged, vefted and deemed, by authority of this prefent parliament, actually and really in your Highnefs, your heirs and fucceffors, and be from thenceforth united and annexed to the imperial crown of this your realm for ever, and from thenceforth fhall be in the order, furvey, rule and governance of your faid court of exchequer, in fuch like manner and form, as other your Highnefs poffeffions and hereditaments be at this prefent. III. Provided always, and be it enacted by the authority aforefaid, that this act, or any thing herein contained, fhall not extend to give any liberty or authority to your Highness, to take from any fuch archbishoprick or bishoprick any of the manfion-houfes, commonly used for the habitation or dwelling of any such archbishop or bishop, or any the demean lands commonly used or occupied with any fuch manfion or dwelling houfe or houses or any of them, or to take any other lands or tenements commonly used and kept in the manurance, tillage or manual occupation of any archbishop or bishop, for the maintenance of hofpitality and good housekeeping; any thing in this act contained to the contrary notwithstanding. IV. Saving to all and every person and perfons, bodies politick and corporate, their heirs and fucceffors, and to the heirs and fucceffors of every of them, other than the faid archbishops and bishops and their fucceffors, all fuch eftate, right, title, term, intereft, rent, profit, offices or commodities, as they or any of them have, should, might or ought to have had, in or to any honours, caftles, manors, lands, tenements or other hereditaments whatfoever, in fuch like manner, form and condition, to all intents and purposes, as if this act had never been had nor made; any thing herein contained to the contrary notwithstanding, V. And be it further enacted by the authority aforefaid, That all gifts, grants, feoffments, fines or other conveyance or eftates, from the first day of this prefent parliament, to be had, made, done or fuffered by any archbishop or bishop, of any honours, the honours, castles, manors, lands, tenements or other heredita-1 Inft. 44.. ą. ments, being parcel of the poffeffions of his archbishoprick or Moor. 107. bishoprick, or united, appertaining or belonging to any 253. fame archbishopricks or bifhopricks, to any perfon or perfons, bodies politick or corporate, other than to the Queen's highnefs, her heirs or fucceffors, whereby any eftate or eftates should or may pafs from the fame archbishops or bishops or any of them, other than for the term of xxi. years or three lives, from fuch time as any fuch leafe, grant or affurance shall begin, and whereupon the old accustomed yearly rent or more, fhall be referved and payable yearly during the faid term of xxi. years or three lives, fhall be utterly void and of none effect, to all intents, conftructions and purposes; any law, custom or usage to the contrary in any wife notwithstanding. CAP. XX. A fubfidy of tonnage and poundage, granted to the Queen during her life, payable out of divers merchandifes. EXP. CAP. XXI. An act of a fubfidie and two fifteens and tenth, by the temporaltie. This ftatute is placed as cap. 20 in Raffal, the former being there omitted. CAP. XXII. An act giving authority to the Queen during her life to make ordinances in collegiate churches and schools. EXP. This act is not on the roll. Anno quinto Regnia ELIZABETHÆ. T the parliament holden at Westminster the twelfth day of January in the fifth year of our fovereign Lady Elizabeth, by the grace of God, of England, France and Ireland, Queen, defender of the faith, &c. to the high pleafure of Almighty God, and the weal publick of this realm, were enacted as followeth. CAP. I. An act for the affurance of the Queen's royal power over all eftates and fubjects within her dominions. OR prefervation of the Queen's most excellent highness, her heirs and fucceffors, and the dignity of the imperial crown of this realm of England, and for avoiding both of fuch hurts, perils, dishonours and inconveniencies, as have before-time befallen, as well to the Queen's majesty's noble progenitors, Kings of this realm, as for the whole eftate thereof; by means of the jurifdiction and power of the fee of Rome, unjustly claimed and ufurped within this realm and the dominions thereof, and alfo of the dangers by the fautors of the said ufurped Ꮮ4 power, power, at this time grown to marvellous outrage and licentious boldnefs, and now requiring more sharp restraint and correction of laws, than hitherto in the time of the Queen's majesty's most mild and merciful reign have been had, ufed or established: II. Be it therefore enacted, ordained and established by the Queen our fovereign lady, and the lords fpiritual and temporal, and the commons, in this prefent parliament affembled, and by authority of the fame, That if any person and persons, dwelling, inhabiting, or refiant within this realm, or within any other the Queen's dominions, feigniories, or countries, or in the marches of the fame, or elsewhere within or under her obeyfance and power, of what estate, dignity, preheminence, order, degree or condition foever he or they be, after the first day of April which be in the year of our Lord God one thousand five hundred fixty-three, ihall by writing, cyphering, printing, preaching or teaching, deed or act, advisedly and wittingly hold or stand with, to extol, fet forth, maintain or defend the authority, jurifdiction or power of the bishop of Rome, or of his fee, heretofore claimed, used or ufurped within this realm, or in any dominion or country, being of, within or under the Queen's power or obeyfance; (2) or by any speech, open deed or act, advisedly and wittingly attribute any fuch manner of jurifdiction, authority or preheminence to the faid fee of Rome, or to any bishop of the fame fee for the time being, within this realm, or in any the Queen's dominions or countries: Thepenaltyfor (3) that then every fuch perfon or perfons fo doing or offending, maintaining their abetters, procurers and counsellers, and alfo their aiders, the authority affiftants and comforters, upon purpose, and to the intent to set of the bishop or fee of Rome. forth, further and extol the faid ufurped power, authority or 28 H. 8.c. 10. jurifdiction of any of the faid bishop or bishops of Rome and e13 El c. 2, 16 R. 2. c. 5. What justices very of them, being thereof lawfully indicted or prefented within one year next after any fuch offences by him or them committed, and being lawfully convicted or attainted at any time after, according to the laws of this realm, for every such default and offence, fhall incur into the dangers, penalties, pains and forfeitures ordained and provided by the ftatute of provifion and Præmunire, made in the fixteenth year of the reign of King Richard the Second. III. And it is also enacted by the authority aforefaid, That of, and certify as well juftices of affize in their circuits, as juftices of peace may enquire the offences aforefaid. within the limits of their commiffion and authorities, or two of every fuch juftices of peace at the leaft, whereof one to be of the quorum, fhall have full power and authority by virtue of this act, in their quarter or open feffions, to enquire of all offences, contempts and tranfgreffions, perpetrated, committed or done contrary to the true meaning of the premiffes, in like manner and form as they may of other offences against the Queen's peace; (2) and fhall certify every prefentment afore them or any of them had or made concerning the fame, or any part thereof, before the Queen, her heirs and fucceffors, in her or their court, commonly called the King's bench, within forty days certificate of days next after any fuch presentment had or made, if the term IV. And it is enacted by the authority aforefaid, that the The juftices of ders. ers. V. And moreover, be it enacted by the authority aforefaid, Thefe fhall That as well all manner of perfons expreffed and appointed in take the oath and by the act made in the first year of the Queen's majesty's fet forth anno Eliz. C. I. reign that now is, intituled, An act reftoring to the crown the antient jurifdiction over the eftate ecclefiaftical and fpiritual, and abolishing all foreign powers repugnant to the fame, to take the oath expreffed and fet forth in the fame: (2) as all other persons which Takers of ec. have taken or shall take orders, commonly called ordines facros, clefiaftical oror ecclefiaftical orders, (3) have been or shall be promoted, preferred or admitted to any degree of learning in any university within Degrees in the this realm or dominions to the fame belonging: and all school- univerfities. mafters and publick and private teachers of children; (4) as School-maftalso all manner of person and perfons, that have taken or hereafter shall take any degree of learning in or at the common laws of this realm, as well utter-barresters as benchers, readers, an- Utter-barrestcients in any houfe or houses of court, (5) and all principal ers. treasurers, and fuch as be of the grand company of every inn of Benchers. chancery, and all attornies, protonotaries and philizers, towards Readers. the laws of this realm, (6) and all manner of sheriffs, efchea- Protonotaries. tors and feodaries, and all other person and persons which have Attornies. taken or shall take upon him or them, or have been or shall be Philizers. admitted to any miniftry or office, in, at or belonging to the Sheriffs. common law, or any other law or laws, of, to or for the exe- Feodaries. cution of them, or any of them, ufed or allowed, or at any Officers at the time hereafter to be used or allowed within this realm or any of common law. the dominions or countries belonging, or which hereafter shall happen to belong, to the crown or dignity of the fame; (7) and all other officers or minifters of or towards any court whatsoever, (8) and every of them, fhall take and pronounce a corporal oath upon the evangelifts, before he or they shall be ad- court. mitted, allowed or fuffered to take upon him or them, to use, exercife, fupply or occupy any fuch vocation, office, degree ministry, Ancients. Efcheators. Officer of any |