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A74029 Anno tricesimo primo Henrici octavi Henry the VIII. by the grace of God kynge of England and of France, defender of the fayth, Lorde of Irelande, and in earth supreme hed immediatly vnder Christ of the churche of Englande, to the honour of almyghty God, conseruation of the true doctrine of Christes religion, and for the concorde quiet and vvelth of this his realme and subiectes of the same helde his moste hyghe court of Parliament begonne at VVestm[inster] the. xxviii. daye of Aprill, and there continued tyll the. xxviii. daye of Iune, the. xxxi. yere of his most noble and victorious reigne, vvherin in vvere establysshed these actes folovvinge.; Public General Acts. 1539. 31 Hen.VIII England and Wales. Sovereign (1509-1547 : Henry VIII); Henry VIII, King of England, 1491-1547. 1539 (1539) STC 9397.5; ESTC S124831 58,283 58

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the sayde personages appropriate tithes pencions and portions as the sayde monasteries abbathies priories nonries colleges hospitalles houses of friers and other religiouse and ecclesiasticall houses and places sites circuites procinctes manours meses landes tenementes and other hereditamentes what so euer they be and euery of them accordynge to theyr estates and titles dyscharged and acquieted of payment of tythes as freely and in as large and ample maner as the sayde late abbottes priours abbesses prioresses and other ecclesiastical gouernours and gouernesses or any of them hadde helde occupied posseded vsed reteyned or enioyed the same or any parcell therof at the days of theyr dissolution suppressyon renuncynge relynquishynge forfaytynge gyuynge vppe or comminge to the kynges highnes of such monasteries abbathies priories nunries colleges hospitals houses of friers or other religious or ecclesiasticall houses or places or at the day of the dissolution suppressyon renuncyng relinquishynge gyuyng vp or commynge to the kynges hyghnesse of any of them this acte or any thyng therin conteyned to the contrary not withstandyng ¶ Sauynge to the kynges hyghnes his heyres and successours all and all maner of rentes seruices and other dueties what soo euer they be as yf this acte had neuer ben had nor made ¶ And be it further enacted by actoritie of this present parlyament that suche of the sayd late monasteries abbathies priories nunries colledges hospytals houses of fryers and other religious and ecclesiasticall howses and places and all churches and chapels to theym or any of theym belongynge which before the dissolution suppression renouncyng relinquishing forfayting gyuyng vp or cōmyng vnto the kinges highnes were exempted from the visitation or visitatiōs and all other iurisdiction of the ordinary or ordinaries within whose diocesse they were sytuate or sette shall frome hensforth be within the iurisdiction and visitation of the ordinarie or ordinaries within whose diocesse they or any of them be situate and sette or within the iurisdiction and visytation of suche persone or persones as by the kynges highnes shall be limited or appoynted This acte or any other exemption libertie or iurisdiction to the contrary not withstandynge ¶ And where before this tyme it hath pleased the kynges maiestie atte the contemplation and humble peticion of the ryghte noble Thomas duke of Norf. to gyue his royall assent and lycence by his gracis worde without any maner of lettres patentes or other writyng to purchase and receyue to hym to his heires for euer of Wylliam Flatbery late abbot of the monasterye of Sipton in the countie of Suff. and couente of the same late monasterie nowe beynge dissolued all the same monasterie togyther with all and syngular manours lordeshyppes landes tenementes woddes waters commons courtes letes aduousons patronages personages vycarages chauntries free chapelles tithes portions of tithes pencions annuities rentes suites seruices reuersyōs remaynders and all other thynges whiche were the hereditamentes or the possessions of the sayde late monasterye where so euer they laye or were within the realme of Englande And in lykewyse oure sayde soueraygne lorde gaue lyke lycence by his gracis worde vnto the ryghte honourable George lorde Cobham to pourchase and receyue to hym to his heires for euer of the late master and bretherne of the colledge or chauntrie of Cobham in the countie of Kent nowe beynge vtterlye dyssolued the site of the same colledge or chauntrie and all and syngular theyr hereditamentes and possessions as well temporall as ecclesiastical where so euer they lay or were within the realme of England Be it therfore enacted by thauctoritie of this present parlyament that the acte aboue wrytten or any thynge therein conteyned shall not be in anye wyse preiudiciall or hurtfull to the sayde Duke and lorde Cobham or to eyther of them or to the heyres or assignes of eyther of theym but that the same duke and lord Cobham and eyther of them sondryly and the heyres assygnes of eyther of them shall and may haue holde receyue and enioy the premisses by them sondrily purchased or receyued accordyng to the purportes and effectes of such euidēces writinges and cōueiances as they or any of them sondrily haue caused to be deuised and made to theym or to theyr vses for the same Sauynge alwaye and reseruynge to all and syngular persons and bodies polityke and to their heyres successours other than the sayde late abbotte and couent and theyr successours and the sayde late maister and bretherne and theyr successours and the founders of the same monasterie or of the sayde college or chauntrie and the heires of eyther of them and all donours graunters or augmenters of them or of eyther of them and the heires and assignes of either of them all suche rightes titles possessions rentes seruices fees offices annuities corrodies lyueries leases al other their such interesses profites cōmodities as they or any of them had shulde or ought to haue of to or in any of the premisses sondrily pourchased or receyued by the sayde duke or lorde Cobham it this presente acte had neuer ben had or made any thynge in the same acte to the contrary beinge in any wyse not withstandynge AN ACTE FOR ABOLISHYNGE OF DIVERSITIE OF OPINIONS IN CERTAYNE ARTICLES CONCERNINGE CHRISTEN RELYGION CAP. XIIII WHERE THE KYNGES MOST excellent maiestie is by gods law supreme heed immediatly vnder him of this hole churche and congregacion of England intendinge the conseruation of the same churche and congregacion in a true syncere and vniforme doctrine of Christes religion callyng also to his blessed and most gracious remembraunce aswel the great and quiet assurance prosperous increace and other innumerable commodities whiche haue euer ensued come and folowed of Concord agreement and vnitie in opinions as also the manyfolde peryls dangers and inconueniences which haue heretofore in many places and regions growen spronge and ar rysen of the diuersities of myndes and opinions especially of mattiers of Christen religion And therfore desyring that suche an vnitie myght and shoulde be charitably establysshed in all thinges touchynge and concernynge the same as the same so beynge establysshed myghte chiefly be to the honoure of almyghtye God the verye authoure and fountayne of all true vnitie and syncere concorde and consequentlye redounde to the common welth of this his hyghenes moste noble realme and of all his louinge subiectes and other resiauntes and inhabitauntes of or in the same hathe therfore caused and commaunded this his mooste hyghe courte of Parlyamente for sondrye and manye vrgente causes and consyderations to be at this tyme sommoned and alsoo a Synode and conuocation of all the archebysshoppes bysshoppes and other lerned men of the clergy of this his realme to be in lyke maner assembled And for as moche as in the sayde parliament Synode and conuocation there were certayne articles matiers and questions proponed setforthe touchinge Christen religion that is to saye ¶ First whether in the moste blessed Sacrament of thaltar remayneth after the consecration the substaunce of bread and
woman or kepe her as his concubyne as by payenge for her bourde maynteyning her with money array or any other gyftes or meanes to the yuell example of other persones that than euery suche offender beinge therof duely conuicted or atteynted by the lawes mencioned in this act shall forfayt and lose all his goodes and cattalles benefices prebendes and other spiritual promotions and dignities and also shall haue and suffre imprisonment of his body at the kynges wyl and pleasure And that euery of the sayd benefices prebendes and other promotions and dignities shall be to all intentes and purposes vtterly voyde as if the sayd offender had resigned or permuted And if any suche offender or offenders at any tyme after the sayde conuiction or atteynder eftesones committe do or perpetrate the sayd offences or any of theym next afore rehersed and be thereof dewely conuicted or attaynted by the lawes aforesayde that than all and euerye suche offence and offences shall be demed and adiudged felonye and the offender or offenders therein shall suffer peynes of deathe and loose and forfayte all his and theyr goodes landes and tenementes as in cases of felonye without hauynge any benefytte of clergie or saynctuarie ¶ And be it farther enacted by the auctoritie aforesaide that those women with whome all and singular of the foresayde priestes shall in anye of the forsayde wayes haue to do with or carnally know as is afore sayde shall haue lyke punishment as the priestes ¶ And be it further enacted by the auctoritie aboue sayde that yf any personne or personnes at any tyme hereafter contempne or contemptuouslye refuse denye or absteyne to be confessed at the tyme commonly accustomed within this realme church of Englād or cōtēne or contemptuously refuse deny or absteyne to receyue the holy and blessed sacrament aboue sayd at y e tyme commonly vsed and accustomed for the same that than euery suche offender beynge therof duely conuicted or atteynted by the lawes vnderwritten shall suffre suche imprisonnement and make suche fyne and raunsome to the kynge our souerayne lorde and his heyres as by his hyghenes or by his or their counsell shal be ordered and adiuged in that behalfe And yf any suche offendour or offendours at any tyme or tymes after the sayde conuiction or atteynder so had do eftsones contempne or contemptuously refuse denye or absteyne to be confessed or to be communicate in maner and fourme aboue wryten and be therof duely conuicted or atteynted by the lawes vnderwriten that then euery suche offence shal be demed and adiuged felonye and the offendour or offendours therin shal suffre peynes of death and lose and forfayte al his and their goodes landes and tenementes as in cases of felony ¶ And for full and effectuall execution of the premisses before deuised ordeyned and enacted by this act Be it furthermore enacted by thauthoritie of this present parliament that immediatly after the sayde xii daye of Iuly next comminge sondry commissions shal be made from tyme to tyme into euery shere of this realme and Wales and in and to suche other places within the kynges dominions as shall please his maiestie to be directed to the archebysshop or bysshop of the dioces and to his chauncellour or commissary and to suche other persons as shal be named by his hyghnes or by suche other as his maiestie at his pleasure shal appoynt to name the same which archbyshop or byshop his chauncelour or commissary and other persons so to be named or thre of them at the least wherof the archebysshop or bysshop or his chauncelour or commissary to be one shall holde and kepe their sessions within the lymittes of their commission foure seuerall tymes of the yere at the leaste or oftener yf they shall thinke it expedient by their discrecions and shall haue power and authoritie by vertue of this act and their sayd commission as well to take infourmation and accusation by the othes and depositions of two able and lawfull persons at the least as to enquire by the othes of .xii. men of all and singular the heresies felonies contemptes and other offences aboue writen committed doone or perpetrate within the lymittes of their cōmission And that euery such accusation infourmation conteyning the matier names surnames dwellyng places of y e offenders the day yere place coūtie whā wherin their offences were committed shal be of as good force and effect in the lawe as yf the matier therin conteyned had bene presented by verdite of .xii. men ¶ And neuerthelesse it is further enacted that euery of the sayde archebysshops and bysshops and euery of their chauncellours commissaries archediacons and other ordinaries hauynge any peculiar ecclesiasticall iurisdiction within this realme or in Wales or in any other the kynges dominions shall haue full power and authoritie by vertue of this acte aswell to enquire in their visitacions and Sesus as there els where within their iurisdictions at any other tyme or place to take accusations and informations as is aforesayde of the heresies felonies contemptes and offences aboue mencioned done committed or perpetrate within the lymittes of their iurisdiction authorities And that euery suche accusations infourmation and presentment so taken or had as is afore sayde shall be of as good force and effect as yf the matier therein conteyned had bene presented before the iustices of peace in their sessions And alsoo that iustices of peace in their sessions and euery steward vndersteward and deputie of steward of any lete or lawedaye in their lete or lawedayes shall haue lyke power and authoritie by vertu of this act to enquire by the othes of .xii. lawfull men of al and singular the heresies felonies contemptes and other offences aboue written done perpetrate or committed within the lymittes of their commissions and authorities ¶ And it is also enacted by the authoritie afore sayd that euery suche personne or personnes afore whome any presentement infourmation or accusation shal be made taken as is afore sayd shall examine the accusours what other wytnes were by and present at y e tyme of doynge and committinge of the offence wherof the enformation accusation or presentement shal be made and howe manye other than the accusours haue knowledge therof And shall haue power and authoritie to bynde by recognisaunce to be taken afore them as well y e sayd accusours as all suche other persons whome the same accusours shall declare to haue knowlege of the offences by theym presented or enfourmed euery of them in .v. li. to the kynge our soueraygne lorde to appeare before the commissioners afore whome the offendour or offendours shal be tried at the daye of the tryall of suche offendours And that all and singular indifementes presentmentes accusations informations and recognisaunces taken and had as is aforesayde within .xx. dayes next after the takyng of the same shal be certified in due forme by wrytinge vpon parchemyn by the taker or takers thereof vnder
or any other thinge or thinges by reason of or for any former title right interest matier or cause had made done or growen to any respect or purpose before their sayd seuerall deraigmentes or departinges out of their religion Nor that any of the sayd religious persons beynge priestes or such as haue auowed religion at .xxi. yeres or aboue and therto then consented continuinge in the same anye whyle after not duely prouinge by wytnes or other lawfull meanes some vnlawfull cohercion or compulsion done to them or any of them for makynge of any suche vowe or constrayning them to remayne in their religion be enabled by vertu of any wordes clause or sentence before in this act expressed to marye or take anye wyfe or wyues but that they and euery of them be clerely excluded and put from the same to all intentes and purposes any thinge before in this acte conteyned to the contrary hereof in any wyse not withstanding ¶ An act concerninge the continuance of the statute for punishment of beggers and vacabundes and of certayne other statutes Capit. vii WHERE in the parliament begunne and holden at London the thirde daye of Nouembre in the XXI yere of the reigne of our most drad soueraygne lorde kynge HENRY the eyght from thense adiorned to Westm̄ and there holden and continued by dyuers prorogations vntyll the dissolution therof an act was made establysshed declaryng and concerning as well how aged pore and impotent persons compelled to lyue by almes shulde be ordered and vsed as also how vacaboundes and myghty stronge beggers shulde be whipped and punysshed and at the sayde parliament one other act was made and establysshed for the restreynt of carieng and conueyeng of horses and mares out of this realme and also at the sayd parliament one other act was made and establyshed for punyshment of Welshmen attempting assautes or affrayes vpon any the inhabitauntes of Hereford Gloucestre or Shropshire And also at the sayd parliamēt one other act was made and establyshed for punyshment of the vice of Buggery declaring suche offence to be felonye which sayd foure seuerall actes were also made to endure to the last daye of the next parliament as by the same foure seuerall actes more playnely appeareth And where also in the sayde parliament one other act was made ordeyned amonge other thinges for restrayning the cariage of brasse laten and coper out of this realme And also one other act was there made in the sayd parliament for the true makynge of cabels halsers and roopes And also one other act for the true wyndynge of wolles And one other act to restreyne kyllyng of weynlynges bullockes steres or heffers beynge vnder y e age of two yeres which sayd foure seuerall actes last before remēbred were than made to endure and continue vnto the next parliamēt as by the same foure seuerall actes more playnely appeareth And where also in the sayde parliament one other acte was made and establyshed for the atteyntes to be sued for punyshement of periury vpon vntrue verdytes And also one other acte was there made in the sayde parliament concernynge peauterers And also one other acte was there made in the sayde parliamēt concerning sowinge of flaxe and hempe all which sayde thre seuerall actes laste before rehersed were then made and ordeyned to continue and endure to the laste daye of the next parliament as by the same thre seuerall actes more playnly at large is shewed and maye appeare And where also in the sayde parliament one other acte was made and establyshed for makynge of iayles in dyuers shyres of this realme whiche same acte was then made to continue endure for one yere next after th ende of the same parliament as by the same acte also more playnely appeareth And where also in the parliament begon and holden at Westm̄ the .viii. daye of Iune in the XXVIII yere of the raygne of our sayde most drad soueraigne lorde kynge HENRY the VIII and there continued and kept vntyll the dissolucion therof it was ordeyned and enacted that all and singular the sayde seueral actes aboue remembred and euery of them shulde continue and endure in their force and strengthe and also be obserued and kept vntyll the last daye of the next parliament as by the same acte amonges other thinges therin conteyned more playnly appeareth And for asmoche as all and singular the sayde seueral actes aboue mencioned be good and beneficiall for the common welthe of this realme Be it therfore enacted and ordeyned by the auctoritie of this present parliament that all and singular the sayde seuerall actes and euery of them and all clauses articles and prouisions in them and euery of theym conteyned shall continue and endure in their force and strengthe and be obserued and kept vntyll the last daye of the next parliament ¶ An acte that proclamations made by the kynges hyghenes with thaduise of his honorable councell shal be obeyed and kept as thoughe they were made by act of parliament Capitulo .viii. FOr as moche as the kynges mooste royall maiestie for dyuers consyderations by thaduise of his counsell hathe heretofore set forth dyuers and sondrye his graces Proclamations as well for and concernynge dyuerse and sondrye articles of Christes religion as for an vnitie and concorde to be had amongeste the louynge and obedient subiectes of this his realme and other his dominions and also concerning th aduancement of his common welthe and good quiet of his people whiche neuer the lesse dyuers and many frowarde wylfull and obstinate persones haue wylfully contempned and broken not consyderinge what a kynge by his royall power may do and for lacke of a direct statute and lawe to cohart offenders to obey the sayd proclamations which beynge styll suffred shulde not only encorage offendours to the disobedience of the preceptes and lawes of almyghty God but also sund to moche to the great dishonour of the kynges most royall maiestie who maye full yll beare it and also gyue to great hart and boldnes to all malefactours offendours Consydering also that sodeyn causes and occasions fortune many tymes which do require spedy remedyes and that by abydinge for a parliament in the meane tyme mighte happen great preiudice to ensue to the realme and weyng also that his maiestie which by the kyngely and regall power gyuen him by God maye do many thinges in suche cases shulde not be dryuen to extende the libertie supremitie of his regall power and dignitie by wilfulnes of frowarde subiectes it is therfore thought in maner more then necessary that the kynges hyghnes of this realme for the tyme beynge with thaduise of his honorable councell shuld make and setforth proclamations for the good and politike order and gouernaunce of this his realme of England Wales and other his dominions frome tyme to tyme for the defence of his regall dignitie and thaduauncement of his common welth and good quyet of his people as the cases of necessitie shall requyre And that
an ordinary lawe shoulde be prouyded by thassent of his maiestie and parliament for the due punyshement correction and reformation of suche offences and disobediences Be it therfore enacted by the auctoritie of this parliament with the kynges maiestie the lordes spirituall and temporall and the commons assent that alwayes the kynge for the tyme beyng with thaduise of his honorable councell whose names hereafter folow or with thaduise of the more part of thē maye setforth at all tymes by auctoritie of this act his proclamations vnder suche penalties and peynes and of such sort as to his hyghenes and his sayde honorable councell or the more part of them shall seme necessary and requisite And that those same shal be obeyed obserued and kepte as though they were made by act of parliament for the tyme in them limitted onelesse the kynges hyghnes dispence with them or any of them vnder his great seale ¶ Prouyded alwayes that the wordes meanynge and intente of this acte be not vnderstonde interpretat construed or extended that by vertue of it any of the kynges lyege people of what estate degre or condicion so euer he or they be bodyes politike or corporate their heyres or successours shoulde haue any of his or their enheritaunces lawfull possessions offices liberties priuileges francheses goodes or cattalles taken from them or any of them Nor by vertue of the sayd act suffre any peynes of death other than shal be hereafter in this act declared Nor that by any proclamation to be made by vertue of this acte any actes common lawes stondinge at this present tyme in strength and force nor yet any lawful or laudable customes of this realme or other his dominions ne any of them shal be infringed broken or subuerted And specially all those actes stondinge this houre in force whiche haue ben made in the kinges highnes tyme but that euery such person and persons bodies politik and corporate theyr heires and successours the heires and successours of euery of them their inheritances laufull possessions offices liberties priuileges francheses goodes cattals shal stand and be in the same state and cōdition to euery respecte purpose as if this acte or prouiso had neuer be had or made Except such forfaytures peynes and penalties as in this acte and in any proclamation whiche hereafter shall be sette forth by auctoritie of the same shall be declared and expressed And excepte suche personnes whiche shall offende any proclamation to be made by the kynges hyghnes his heyres or successours for and cōcernyng any kynde of heresies agaynst christen religion ¶ Furthermore be it enacted by the auctoritie of this present parlyament that to the intent the kynges subiectes shulde not be ignorant of his proclamations euery shireffe or other officer and minister to whom any such proclamation shal be directed by the kynges writte vnder his great seale shall proclayme or cause the same to be proclaymed within .xiiii. dayes after the recepte therof in foure seuerall market townes yf there be so many orels in syxe other townes places or villages within the lymittes of their auctoritie And they to cause the same proclamatiōs to be fixed and set vp openly vpon places conuenient in euery such towne place or village vpon peyn and penaltie of suche summe and summes of money or imprisonement of body as shall be conteyned in the sayd proclamation or proclamations ¶ And be it further enacted by the auctorite aforesayd that yf any person or persons of what estate degre or condition so euer he or they be which at any tyme hereafter do wilfully offende and breke or obstinatly not obserue and kepe any suche proclamation or any article therin conteyned whiche shall procede from the kynges maiestie by thaduise of his councell as is aforesayd that then all and euery suche offender or offenders beynge therof within one halfe yere nexte after theyr or his offence cōmitted accused therof within .xviii. monethes nexte after the same offence so conuicted by confessyon or lawfull witnesse and proues before the archebyshop of Canterbury Metropolitan the Chauncellour of Englande the lorde treasorer of England the president of the kynges most honourable councel the lord priuy seale the great Chaumberlayne of Englande lord admirall lord stewarde or graund mayster lorde Chamberlayne of the kynges moste honorable housholde two other bishops being of the kynges councell suche as his grace shall appoynte for the same the secretarie the tresorer controller of the kynges most honorable householde the mayster of the horse the two chief iudges the master of the Rolles for the tyme beyng the Chancellour of the augmentations the Chancellour of the Duchy the chief baron of theschequer the two generall surueyours the chauncellour of theschequier the vnder Treasorer of the same the treasorer of the kinges chamber for the tyme being in the Sterre chamber at Westm̄ orels where or at the least before the halfe of the nomber afore rehersed of which nomber the lorde Chancellour the lord Tresorer the lord president of the kynges most honorable councell the lorde Priuie seale the Chamberlayne of England the lord admyrall the two chief Iudges for the tyme beyng or two of them shal be two shall lose and pay suche penalities forfaitures of sūmes of money to be leuied of his or theyr landes tenemētes goodes and cattals to the kynges vse and also suffre suche imprisonment of his body as shall be expressed mencioned and declared in any such proclamation or proclamatiōs whiche suche offender or offenders shal offende breke or not obserue and kepe contrary to this acte as is aforesaid And that execution shal be had done made agaynst euery such offender and offenders with the addition of the names or surnames townes or coūties mistery or occupation of the sayd offenders by such order proces wayes meanes after suche maner forme and condition as by the kynges highnes and the sayd councel shall be deuised and thought moste conuenient for example of suche offenders ¶ Prouyded alwaye that none offender whiche shall offende contrary to the forme of any suche proclamations shall incurre the danger penalite therof except such ꝓclaclamation or proclamatiōs be had done or made in such shire or countie where thoffender hath or shall dwell or be most cōuersant within a yere before ¶ And be it further enacted by thauctorite afore sayd that the lord chancellour the lord priuy seale and either of them with thassent of .vi. of the forenamed shall haue power and auctoritie by theyr discretions vpon euery informatiō to be giuen to them or to either of them touchyng the premisses to cause proces to be made ageynste all syngular suche offenders by writtes vnder the kynges great seale or vnder his gracis priuie seale in fourme folowyng that is to saye Fyrste by proclamation vnder a peyne or a penalite by the discretion of the aforesayd chancellours appoynted for the awardynge of processe and if he appere not to the same without