your said realm or brought into the same by way of merchandize,
of the value of every zos. of the same goods and merchandize,
i2</., and so after the rate; and of every 2os. value of tin and
pewter vessel carried out of this your realm by any and every
merchant-alien, \zd. over and above the \2d. aforesaid. * * *
172. Establishment of the Court of High
Commission
(1559. Prothero, 227-231.)
ELIZABETH by the grace of God [&c.]. To the reverend
father in God Mathew Parker, nominated bishop of Canter-
bury, and Edmond Grindall, nominated bishop of London, and to
our right trusted and right well-beloved councillors Francis Knowles
our vice-chamberlain, and Ambrose Cave, knights, and to our trusty
and well-beloved Anthony Cooke and Thomas Smyth, knights,
William Bill our almoner, Walter Haddon and Thomas Sackford,
masters of our requests, Rowland Hill and William Chester, knights,
Randoll Cholmely and John Southcote, Serjeants at the law, Will-
iam May, doctor of law, Francis Cave, Richard Gooderick and
Gilbert Gerrard, esquires, Robert Weston and Thomas Huick,
doctors of law, greeting.
[II.] Where at our Parliament holden at Westminster the 25th
day of January and there continued and kept until the eighth of
May then next following, amongst other things, there was two Acts
and Statutes made and established, the one entitled ' An Act for
the uniformity of Common Prayer [&c.],' and the other entitled
'An Act restoring to the Crown the ancient jurisdiction [&c.],' as
by the same several Acts more at large doth appear : and where
divers seditious and slanderous persons do not cease daily to
invent and set forth false rumours, tales, and seditious slanders,
not only against us and the said good laws and statutes, but also
have set forth divers seditious books within this our realm of Eng-
land, meaning thereby to move and procure strife, division and
Establishment of Court of High Commission 311
dissension amongst our loving and obedient subjects, much to the
disquieting of us and our people :
[III.] Wherefore we, earnestly minding to have the same Acts
before mentioned to be duly put in execution, and such persons
as shall hereafter offend in anything contrary to the tenor and
effect of the said several statutes to be condignly punished, and
having especial trust and confidence in your wisdoms and discre-
tions, have authorised, assigned and appointed you to be our com-
missioners, and by these presents do give our full power and
authority to you, or six of you, whereof you, the said Mathew
Parker, Edmond Grindall, Thomas Smyth, Walter Haddon, Thomas
Sackford, Richard Gooderick and Gilbert Gerrard, to be one, from
time to time hereafter, during our pleasure, to enquire as well by
the oaths of twelve good and lawful men, as also by witnesses and
all other ways and means ye can devise, for all offences, misdoers
and misdemeanours done and committed and hereafter to be
committed or done contrary to the tenor and effect of the said
several acts and statutes and either of them, and also of all and
singular heretical opinions, seditious books, contempts, conspira-
cies, false rumours, tales, seditions, misbehaviours, slanderous
words or shewings, published, invented or set forth, or hereafter
to be published, invented or set forth by any person or persons
against us or contrary or against any the laws or statutes of this
our realm, or against the quiet governance and rule of our people
and subjects in any county, city, borough or other place or places
within this our realm of England, and of all and every the coad-
jutors, counsellors, comforters, procurers and abettors of every
such offender.
[IV.] And further, we do give power and authority to you or
six of you [quorum as before], from time to time hereafter during
our pleasure, as well to hear and determine all the premises, as
also to enquire, hear and determine all and singular enormities,
disturbances and misbehaviours, done and committed or hereafter
to be done or committed in any church or chapel, or against any
divine service, or the minister or ministers of the same, contrary
to the laws and statutes of this realm : and also to enquire of,
search out and to order, correct and reform all such persons as
hereafter shall or will obstinately absent themselves from church
and such divine service as by the laws and statutes of this realm is
appointed to be had and used.
[V.] And also we do give and grant full power and authority
unto you and six of you [quorum as before] from time to time and
at all times during our pleasure, to visit, reform, redress, order,
312 English Constitutional Documents
correct and amend in all places within this our realm of England
all such errors, heresies, crimes, abuses, offences, contempts and
enormities spiritual and ecclesiastical wheresoever, which by any
spiritual or ecclesiastical power, authority or jurisdiction can or
may lawfully be reformed, ordered, redressed, corrected, restrained
or amended, to the pleasure of Almighty God, the increase of vir-
tue, and the conservation of the peace and unity of this our realm,
and according to the authority and power limited, given and ap-
pointed by any laws or statutes. of this realm.
[VI.] And also that you or six of you [quorum as before] shall
likewise have full power and authority from time to time to enquire
of and search out all masterless men, quarrellers, vagrant and sus-
pect persons within our city of London, and ten miles compass
about the same city, and of all assaults and affrays done and com-
mitted within the same city and compass aforesaid.
[VII.] And also we give full power and authority unto you and
six of you, as before, summarily to hear and finally determine,
according to your discretions and by the laws of this realm, all
causes and complaints of all them, which in respect of religion, or
for lawful matrimony contracted and allowed by the same, were
injuriously deprived, defrauded or spoiled of their lands, goods,
possessions, rights, dignities, livings, offices, spiritual or temporal ;
and them so deprived, as before, to restore into their said livings,
and to put them in possession, amoving the usurpers in convenient
speed, as it shall seem to your discretions good, by your letters
missive or otherwise, all frustratory appellations clearly rejected.
[VIII. ] And further, we do give power and authority unto you
and six of you [quorum as before], by virtue hereof, not only to
hear and determine the same and all other offences and matters
before mentioned and rehearsed, but also all other notorious and
manifest advoutries, fornications and ecclesiastical crimes and
offences with this our realm, according to your wisdoms, con-
sciences and discretions.
[IX.] Willing and commanding you or six of you [quorum as
before] from time to time hereafter to use and devise all such
politic ways and means for the trial and searching out of all the
premises, as by you or six of you, as aforesaid, shall be thought
most expedient and necessary ; and upon due proof had, and the
offence or offences before specified, or any of them, sufficiently
proved against any person or persons by confession of the party
or by lawful witnesses or by any due mean before you or six of you
[quorum as before], that then you or six of you, as aforesaid, shall
have full power and authority to award such punishment to every
Establishment of Court of High Commission 313
offender by fine, imprisonment or otherwise, by all or any of the
ways aforesaid, and to take such order for the redress of the same,
as to your wisdoms and discretions [shall be thought meet and
convenient].
[X.] [And further we do give full power and authority unto
you] or six of you [quorum as before] to call before you or
six of you as aforesaid from time to time all and every offender
or offenders, and such as [to] you or six of you, as aforesaid,
shall seem to be suspect persons in any of the premises; and
also all such witnesses as you or six of you, as aforesaid, shall
think [meet] to be called before you or six of you as aforesaid
and them and every of them to examine upon their corporal oath,
for the better trial and opening of the premises or any part
thereof.
[XL] And if you or six of you, as aforesaid, shall find any
person or persons obstinate or disobedient either in their [appear-
ance] before you or six of you as aforesaid at your calling or
commandment or else not accomplishing or not obeying your
order, decrees and commandments in anything touching the
premises or any part thereof; that then you, or six of you, as
aforesaid, shall have full power and authority to commit the same
person or persons so offending to ward, there to remain until he
or they shall be by you or six of you, as aforesaid, enlarged and
delivered.
[XII.] And further we do give unto you and six of you
[quorum as before] full power and authority to take and receive
by your discretions of every offender or suspect person to be
convented or brought before you a recognizance or recognizances,
obligation or obligations to our use, in such sum or sums of
money as to you or six of you, as aforesaid, shall seem convenient,
as well for their personal appearance before you or six of you, as
aforesaid, as also for the performance and accomplishment of
your orders and decrees, in case you or six of you, as aforesaid,
shall see it so convenient.
[XIII.] And further, our will and pleasure is that you shall
appoint our trusty and well -beloved John Skinner to be your
register of all your acts, decrees and proceedings by virtue of this
commission, and in his default one other sufficient person, and
that you or six of you, as aforesaid, shall give such allowance to
the same register for his pains and his clerks, to be levied of the
fines and other profits that shall rise by force of this commission
and your doings in the premises, as to your discretions shall be
thought meet.
314 English Constitutional Documents
[XIV.] And further, our will and pleasure is that you or six of
you, as aforesaid, shall name and appoint one other sufficient
person to gather up and receive all such sums of money as shall
be assessed and taxed by you or six of you as aforesaid, for any
fine or fines upon any person or persons for their offences : and
that you or six of you, as aforesaid, by bill or bills signed with
your hands, shall and may assign and appoint as well to the said
person for his pains in recovering the said sums, as also to your
messengers and attendants upon you for their travail, pains and
charges to be sustained for or about the premises or any part
thereof, such sums of money for their rewards, as by you or six
of you, as aforesaid, shall be thought expedient : willing and
commanding you or six of you, as aforesaid, after the time this
our commission expired, to certify into our court of exchequer as
well the name of the said receiver as also a note of such fines as
shall be set or taxed before you ; to the intent that, upon the
determination of account of the said receiver, we be assured of
that, that to us shall justly appertain : willing and commanding
also our auditors and other officers, upon the sight of the said
bills signed with the hand of you or six of you, as aforesaid, to
make unto the said receiver due allowances according to the said
bills upon his accounts.
[XV.] Wherefore we will and command you, our commis-
sioners, with diligence to execute the premises with effect ; any
of our laws, statutes, proclamations or other grants, privileges or
ordinances, which be or may seem to be contrary to the premises,
notwithstanding.
[XVL] And more, we will and command all and singular jus-
tices of the peace, mayors, sheriffs, bailiffs, constables and other
our officers, ministers and faithful subjects, to be aiding, helping
and assisting, and at your commandment in the due execution
hereof, as they tender our pleasure, and will answer to the con-
trary at their utmost perils.
[XVII.] And we will and grant that these our letters patents
shall be a sufficient warrant and discharge for you and every of
you against us, our heirs and successors, and all and every other
person or persons whatsoever they be, of and for or concerning
the premises or any parcel hereof, of or for the execution of this
our commission or any part thereof.
Witness the Queen at Westminster, the 19 th day of July.
PER JPSAM REGINAM,
Ordinance for the Censorship of the Press 315
173. Ordinance of the Star Chamber for the
Censorship of the Press
(1566. Prothero, 168, 169.)
I. THAT no person should print * * * or bring * * * into
the realm printed any book against the force and meaning of any
ordinance * * * contained in any the statutes or laws of this
realm or in any injunctions, letters patents or ordinances set forth
by the Queen's authority.
II. That whosoever should offend against the said ordinances
should forfeit all such books, and from thenceforth should never
exercise * * * the feat of printing ; and to sustain three months'
imprisonment.
III. That no person should sell, bind or sew any such books,
upon pain to forfeit all such books and for every book 2os.
IV. That all books so forfeited should be brought into Sta-
tioners' Hall, * * * and all the books so to be forfeited to be
destroyed or made waste paper.
V. That it should be lawful for the wardens of the [Stationers']
Company * * * to make search in all workhouses, shops * * *
and other places of printers, booksellers and such as bring books
into the realm * * * ; and all books to be found against the said
ordinances to seise and carry to the Hall to the uses above said
and to bring the persons offending before the Queen's Commis-
sioners in causes ecclesiastical.
VI. Every stationer, printer, bookseller * * * should * * *
enter into several recognizances of reasonable sums of money to
her Majesty * * * -that he should truly observe all the said
ordinances * * *
Upon the consideration before expressed and upon the motion
of the Commissioners, we of the Privy Council have agreed this
to be observed and kept * * * At the Star-Chamber the zgih of
June 5, 1566 * * *
N. BACOX, C.S. WINCHESTER. R. LEICESTER. E. CLYNTON.
E. ROGERS. F. KNOLLYS. AMUR. CAVE. W. CECYL.
We underwrit think these ordinances meet and necessary to be
decreed and observed.
MATTHUE CANTOAR. AMBR. CAVE. THO. YALE.
EDM. LONDON. DAVID LEWIS. ROB. WESTON.
T. HUYCKE.
316 English Constitutional Documents
174. Act against bringing Decrees of the
Pope into England
(1571. 13 Elizabeth, c. 2. Prothero, 60-63.)
WHERE in the parliament holden at Westminster, in the fifth
year of the reign of our Sovereign Lady the Queen's Majesty
that now is, by one Act and Statute then and there made, entitled,
An Act for the assurance of the Queen's Majesty's Royal Power
[&c.] it is among other things very well ordained and provided,
for the abolishing of the usurped power and jurisdiction of the
Bishop of Rome * * * That no person shall * * * maintain,
defend, or extol the same usurped power, or attribute any manner
jurisdiction, authority or preeminence to the same to be used
within this realm * * * upon pain to incur the penalties provided
by the Statute of Provision and Prsemunire * * * : and yet never-
theless, divers seditious and very evil-disposed people * * * mind-
ing, as it should seem, very seditiously and unnaturally, not only
to bring this realm and the imperial crown thereof (being in very
deed of itself most free) into the thraldom and subjection of that
foreign, usurped, and unlawful jurisdiction [&c.] claimed by the
said see of Rome ; but also to estrange and alienate the minds
and hearts of sundry her Majesty's subjects from their dutiful
obedience, and to raise and stir sedition and rebellion within this
realm * * * have lately procured and obtained to themselves from
the said Bishop of Rome and his said see, divers bulls and writings,
the effect whereof hath been and is to absolve and reconcile all
those that will be contented to forsake their due obedience to our
most gracious Sovereign Lady the Queen's Majesty, and to yield
and subject themselves to the said feigned, unlawful and usurped
authority ; and by colour of the said bulls and writings, the said
wicked persons very secretly and most seditiously, in such parts
of this realm where the people for want of good instruction are
most weak, simple and ignorant, and thereby farthest from the
good understanding of their duties towards God and the Queen's
Majesty, have by their lewd and subtle practices and persuasions,
so far forth wrought, that sundry simple and ignorant persons have
been contented to be reconciled to the said usurped authority of
the see of Rome, and to take absolution at the hands of the said
naughty and subtle practisers, whereby hath grown great disobe-
dience and boldness in many, not only to withdraw and absent
themselves from all divine service * * * but also have thought
Act concerning Decrees of the Pope 317
themselves discharged of all obedience to her Majesty, whereby
most wicked and unnatural rebellion hath ensued, and to the fur-
ther danger of this realm is hereafter very like to be renewed, if
the ungodly and wicked attempts in that behalf be not by severity
of laws in time restrained and bridled : For remedy and redress
whereof, and to prevent the great mischiefs and inconveniences
that thereby may ensue, be it enacted * * * that if any person,
after the first day of July next coming, shall use or put in use in
any place within this realm * * * any such bull, writing, or instru-
ment * * * of absolution or reconciliation * * * or if any person
after the said first day of July shall take upon him, by colour of
any such bull * * * or authority, to absolve or reconcile any per-
son * * * or if any person within this realm, * * * after the said
first day of July, shall willingly receive any such absolution or
reconciliation ; or else, if any person have obtained since the last
day of the parliament holden in the first year of the Queen's
Majesty's reign, or after the said first day of July shall obtain from
the said Bishop of Rome * * * any manner of bull * * * or in-
strument * * * or shall publish or by any ways or means put in use
any such bull * * * that then every such act * * * shall be
deemed by the authority of this Act to be high treason, and the
offenders therein, their procurers [&c.] * * * shall be deemed
high traitors to the Queen and the realm ; and being thereof law-
fully indicted and attainted according to the course of the laws of
this realm, shall suffer pains of death, and also forfeit all their
lands [&c.] as in cases of high treason by the laws of this realm
ought to be forfeited.
IV. And be it further enacted, that all aiders [&c.] of any the
said offenders, after the committing of any the said acts * * * shall
incur the penalties contained in the Statute of Praemunire * * *
V. Provided always * * * that if any person to whom any
such absolution * * * or instrument as is aforesaid shall, after the
said first day of July, be offered * * * shall conceal the same * * *
and not disclose and signify the same * * * within six weeks then
next following, to some of the Queen's Majesty's Privy Council,
or else to the President or Vice President of the Queen's Majesty's
Council established in the north parts, or in the marches of Wales
* * * that then the same person so concealing * * * the said
offer * * * shall incur the penalty of misprision of high treason.
VII. And be it further enacted, that if any person shall at any
time after the said first day of July bring into this realm of Eng-
318 English Constitutional Documents
land * * * any * * * thing called by the name of an Agnus Dei,
or any crosses, pictures, beads or such-like vain and superstitious
things, from the Bishop or see of Rome, * * * and that if the same
person so bringing in as is aforesaid such Agnus Dei and other like
things, as be before specified, shall deliver * * * the same to any
subject of this realm * * * to be worn or used in any wise : that
then as well the same person so doing, as also every other person
which shall receive the same, to the intent to use or wear the same,
being thereof lawfully convicted and attainted by the order of
the common laws of this realm, shall incur the penalties * * *
ordained by the Statute of Praemunire and Provision * * *
IX. And be it further enacted, that all persons which at any
time since the beginning of the first year of the Queen's Majesty's
reign have brought * * * into this realm any such bulls [&c.J * * *
and now have any of the same bulls [&c.] in their custody, and
shall within the space of three months next after the end of any
session or dissolution of this present parliament deliver all such
bulls [&c.] * * * to the bishop of the diocese where such absolu-
tion hath been given and received * * * and shall publicly before
such bishop confess their offence therein and humbly desire
to be restored * * * to the Church of England, shall be clearly
pardoned and discharged of all offences done in any matter con-
cerning any of the said bulls [&c.] touching such absolution or
reconciliation only ; and that all persons which have received any
absolution from the said Bishop of Rome * * * since the said first
year of the reign of our said Sovereign Lady the Queen, and shall
within the said space of three months next after any session or
dissolution of this present parliament, come before the bishop of
the diocese of such place where such absolution or reconciliation
was had or made, and shall publicly before the same bishop confess
* * * their offence therein, and humbly desire to be restored, and
admitted to the Church of England, shall be clearly pardoned and
discharged of all offences committed in any matter concerning the
said bulls, [&c.] touching only receiving such absolution or recon-
ciliation ; * * *
Commission for the Manumission of Villeins 319
175. The Oath of a Privy Councillor
(1571. Prothero, 165, 166.)
V^OU shall swear to be a true and faithful councillor to the Queen's
JL Majesty as one of her Highness's Privy Council You shall
not know or understand of any manner thing to be attempted, done
or spoken against her Majesty's person, honour, crown or dignity
royal, but you shall let and withstand the same to the uttermost
of your power, and either do or cause it to be forthwith revealed
either to her Majesty's self or to the rest of her Privy Council.
You shall keep secret all matters committed and revealed to you
as her Majesty's councillor or that shall be treated of secretly in
council. And if any of the same treaties or counsels shall touch
any other of the councillors, you shall not reveal the same to him,
but shall keep the same until such time as by the consent of her
Majesty or of the rest of the council publication shall be made
thereof. You shall not let to give true, plain and faithful counsel
at all times, without respect either of the cause or of the person,
laying apart all favour, meed, affection and partiality. And you
shall to your uttermost bear faith and true allegiance to the
Queen's Majesty, her heirs and lawful successors, and shall assist
and defend all jurisdictions, preeminences and authorities granted
to her Majesty and annexed to her crown, against all foreign
princes, persons, prelates or potentates, whether by act of parlia-
ment or otherwise. And generally in all things you shall do as a
faithful and true councillor ought to do to her Majesty. So help
you God and the holy contents of this book.
176. Commission for the Manumission of
Villeins
(1574. Prothero, 173, 174. Part translated.)
ELIZABETH, by the grace of God, &c., to our right trusty and
well-beloved counsellor Sir William Cecil * * * and to our
trusty and right well-beloved counsellor Sir Walter Mildmay * * *
greeting. Whereas divers and sundry of our poor faithful and
loyal subjects, being born bond in blood and regardant to divers
and sundry our manors and possessions within our realm of Eng-
land, have made humble suit unto us to be manumised, enfran-
320 English Constitutional Documents
chised and made free, with their children and sequels * * * We
therefore * * * do name and appoint you two our commissioners
* * * and do commit * * * unto you full power to accept * * *
to be manumised, enfranchised and made free, such and so many
of our bondmen and bondwomen in blood with all their children
and sequels, their goods, lands, tenements and hereditaments as