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A74028 Anno. XXVIII. Henrici VIII. Actes made in the parliament bego[n]ne and holden at Westm[inster], the. VIII. daye of Iune, in the. XXVIII. yere of the reygne of our most drad soueraine lord kyng Henry the. VIII. and there continued and kepte tyll the dissolution of the same parliament the. XVIII. of Iuly, to the honour of God, and for the common weale and profyt of this realme.; Public General Acts. 1536-1537. 28 Hen.VIII England and Wales. Sovereign (1509-1547 : Henry VIII); Henry VIII, King of England, 1491-1547. 1545 (1545) STC 9394.7; ESTC S124830 54,327 56

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mariage made solemnised betwene your highnes and the said lady Katherine shal be takē demed and accepted illegittimate to all intentes and pourposes and shal be vtterly forclosed excluded and barred to claime chalenge or demaunde any inherytaunce as laufull heyre to your highnesse by liniall dissent ¶ And also for as moche as the mariage solempnised betwene your highnes and the said late quene Anne vpō true and iuste causes was and is demed and adiudged by the said most reuerende father to be of noo value ne effecte and a deuorce seperation therof hadde and made by the due order and processe of the lawes of the churche of Englande before the said reuerende father Be it therfore enacted by the auctoritie of this present parliamēt that the same mariage betwene your highnes the said late quene Anne shall be taken reputed demed and adiudged to be of no force strength vertue nor effecte that the separation and deuorce therof had by the sentēce and iudgement of the said most reuerende father shal be good effectuall and soo here after shall be taken and reputed for euer by al your subiectes theyr heires and successours And that none appeale repeale reuocation or adnullation therof or any part of the same shall here after be hadde taken allowed or admitted in any behalfe And that all the issues and childrene borne and procreated vnder the same mariage betwene your highnesse and the said late quene Anne shall be taken reputed and accepted to be illegittimate to al intentes and purposes and vtterly forclosed excluded and barred to clayme challenge or demaunde any inheritaunce as laufull heyre or heyres to your hyghnes by lyniall discent the sayd former acte made in the last parlyament for the stablyshement of your succession or any thing therin contiyned or any other thinge or thinges to the contrarye therof in any wyse not withstandynge Degrees of mariage prohybyted by goddes lawes ¶ And further more syns many inconueniences haue fallen as wel within this realme as in others by reason of marieng within the degrees of mariage prohibited by goddes lawes that is to say the sonne to marye the mother or the stepmother carnally knowen by his father the brother the sister the father his sonnes daughter or his daughters daughter or the sonne to marye the daugher of his father procreate and borne by his stepmother or the son to mary his aunte being his fathers or mothers sister or to mary his vncles wife carnally knowen by his vncle or the father to mary his sōnes wyfe carnally knowen by his son or the brother to marye his brothers wyfe carnally knowen by his brother or any man maryed carnally knowinge his wyfe to marye his wyfes daughter or his wifes sonnes daughter or his wyfes daughters daughter or his wyfes syster ¶ And further to dilate and declare the meaning of these prohibitions It is to be vnderstand that if it chaunce any man to knowe carnally any woman Prohibitiōs of mariage that then all and singuler personnes beinge in any degree of consanguynitie or affinitie as aboue wrytten to any of the parties so carnally offendinge shall be demed and adiudged to be within the cases and limittes of the said prohbiitions of maryage All whiche mariages all be it they be playnely prohibite detested by the lawes of god yet neuertheles at some times they haue proceded vnder colours of dispensations by mans power which is but vsurped and of right oughte not to be graunted admitted ne allowed For no man of what estate degree or condition so euer he be hath power to dispence with goddes lawes as all the clergye of this realme in the said conuocations and the moste parte of all the vniuersyties of chrystendome and we also do affyrme and thynke ¶ BEIT therfore enacted by auctorytie afore sayde accordynge as it is declared and conteined in the said acte made in the last parliament for the establishement of your succession that no person or persons subiectes or resyauntes of this realme or in any your dominions of what estate degree or dignitie so euer they be shal from henseforth mary within the degrees afore rehersed what pretence so euer shall be made to the contrary therof And in case any person or persons of what estate dignitie degree or condition so euer they be hath bene heretofore maryed within this realme or in any other the kynges dominions within any the degrees aboue rehersed and by any the archebishoppes or ministers of the church of England be separate from the bondes of such vnlaufull mariages that then euery suche seperation shal be good laufull fyrme and permanent for euer not by any power auctoritie or meanes to be reuoked or vndone hereafter And that the children proceding or procreate vnder such vnlauful maryage shal not be lauful ne legitimate any foreyn lawes lycences dispēsations or other thing or thinges to the contrary therof not withstandinge And that in case there be any person or persons within this realme or in any the kinges dominions al redy maried within any of the said degrees aboue specified and not yet seperate from the bondes of such vnlaufull mariage that then euery suche person so vnlaufully maried shal be seperate by the diffinitiue sentence and iugement of the archebishops bishops and other ministers of the churche of Englande and in other your dominions within the limittes of their iurisdictions auctorities and by none other power or auctoritie And that all sentences and iugementes giuen and to be giuē by any archebishop bishop or other minister of the church of Englande or in any other the kinges dominions within the limittes of their iurisdictions and auctoritie shall be diffinitiue firme good and effectuall to all intentes and be obserued and obeyed without suing any prouocations appeles prohibitions or other processe from or to the courte of Rome to the derogation therof or contrary to the acte made sithen the beginninge of the last parliament for restrainte of such prouocations appeles prohibitions and other processes ¶ And also be it enacted by auctoritie afore said that all the issue hereafter to be had and procreate betwene your highnes and your said most dere and entierly beloued laufull wyfe Quene Iane shall be your laufull children heires and be inheritable and inherite accordinge to the course of inheritaunce and lawes of this realme the imperiall crowne of the same with all dignities honours preeminences prerogatiues auctorities and iurisdictions to the same annexed or belonging in as large ample maner as your highnes at this present time hath the same as king of this realme the inheritaunce therof to be and remayne to your said children and right heyres in maner and fourme as here after shal be declared That is to say ¶ First the said imperiall crowne and other the premisses shal be to youre maiestie and to your heires of your body laufully begoten that is to say Establisshement of the kynges
westm̄ within .xv. dayes nexte after suche presentment suspection or accusation had or made or in the first day of the terme next folowinge after such presentment suspection or accusation in such maner fourme as is afore rehersed And in case any ecclesiasticall or religious person being presented suspected or accused of any offence done or attempted contrary to this estatute be therof conuicted by confession or witnes before any archebisshoppe bisshop or arch●n or before any the commissaries vycars general or other their mini● in their seanes or visitations or before the kynges counsayle in the 〈◊〉 Chaumbre at westminster that then euery such spirituall and religi● person so being conuicte shal suffre suche peynes penalties and forfai●s as be expressed in the said statute made in the saide .xvi. yere of kinge ●harde the seconde ¶ It is also enacted by the auctoritie afore saide Ecclesiastical Iuge that if any ecclesiasticall ●ge or visitatour do voluntarily concele cloke hyde or colour any present● accusation or confession Visitour that shal be made to hym concerning this sta● and do not certifie euery such accusation presentment or confession be● the kinge and his counsayle in the sterred chaumbre at westminster in ●ch maner and fourme as is aboue specified in this estatute that then e●ry such ecclesiasticall iudge and visitatour so wilfully offendynge for e●ry such default shal forfaite .xl. li. the one halfe therof to the kinges high●s the other halfe to such person as will sue for the same by original wryt 〈◊〉 plainte or information in any of the kinges courtes in whiche suite no ●yne protection or wager of lawe shall be admitted nor allowed ¶ AND FOR stronger defence and mainteynaunce of this acte it is ordeyned and enacted by auctoritie afore saide that all and euery ecclesiasticall iudge ordynary chauncellour commissarye offycyall vycar generall and other ecclesiasticall officer or minister of what dignitie preeminence or degree soo euer they shall be And all and euery temporall iudge iusticyar ●yer bayliffe shereffe vndershereue eschetour alderman iurate constable hedborowe Thyrdborow borsolder and euery other laye officer and minister to be made created elected or admitted within this realme or any other the kinges domynyons of what estate ordre degree or condition so euer he shal be from and after the saide last daye of Iuly shal before he take vpon him the execution of suche office Othe make take and receyue a corporall othe vpon the Euangelystes before such person or persones as haue or shal haue auctoritie to admit him that he from hensforth shall vtterly renounce refuse relynquisshe or forsake the bishop of Rome and his auctoritie power and iurisdiction And that he shal neuer consent nor agree that the bisshop of Rome shal practise exercise or haue any maner of auctoritie iurisdictiō or power within this realme or any other the kinges dominions but that he shall resiste the same at all times to the vttermooste of his power Supreame heade of the Churche of Englande And that from hensforth he shall accepte repute and take the kynges maiestie to be the onely supreme hedde in erthe of the church of England And that to his cunninge wytte and vttermooste of his power without gyle fraude or other vndew meane he shall obserue kepe maynteyne and defende the holle effectes and contentes of all and synguler actes and statutes made to be made within this realme in derogation extirpation and extynguyshemente of the bishoppe of Rome and his auctoritie And al other actes and statutes made and to be made in reformatiō and corroboration of the kinges power of supreme hede in earth of the church of Englande and this he shall do ayenste all maner of personnes of what estate dignitie degree or condition they be and in no wise do nor attempt nor to his power suffer to be done or attempted directly or indirectly any thing or thinges pryuely or apartly to the let hinderaunce damage or derogation therof or of any part therof by any maner of meanes or for any maner of pretence And in case any oth be made or hath bene made by him to any person or personnes in maynteynaunce defence or fauour of the bisshoppe of Rome or his auctoritie iurisdiction or power he repute the same as vayne and adnichilate so helpe him god all saintes and the holy Euangeliste ¶ And it is also enacted by the auctoritie afore saide that all and euerye personne and personnes spirituall and temporall suyng lyuere restitutions or vtter le mayne out of the kinge his heires or successours handes or doynge any fealtie to his highnes his heires or successours or whiche shall be sworne to the king his heires or successours or that shal haue any office fee or roume of the moste gratious gifte of the kinges maiestie his heyres or successours or shall be reteyned in seruice with his grace his heires or successours shall make take and receyue the saide othe And that also all and euery religious personne at the time of his or their profession or entree into religion and euery other ecclesiasticall personne at the time of his takinge of orders and all and euery other personne which shal be promoted or preferred to any degree of lernyng in any vniuersitie within this realme or other the kinges dominions at the time of his promotion or preferment and euery of them shall make take and receiue the said othe before his or their soueraigne ordinary or the commissarie of such vniuersitie ¶ AND IT IS ALSO enacted by the auctoritie afore saide that if any personne or personnes lymitted or commaunded by auctoritie of this act to make the saide othe or commaunded by any other personne or personnes auctorised by the kinges highnesse commission vnder his greate seale or his seale ordeined for causes ecclesiasticall Treason to make the said othe obstinately refuse that to do that then euery such offence and contempt shal be high treason and the offenders therof being laufully conuicted shall suffre peynes of death and other forfaitures penalties and losses as is limitted and accustomed in cases of high treason by any lawes or statutes of this realme heretofore made ¶ PROVIDED alwayes and be it enacted that this acte nor any thing or thinges in the same rehersed mentioned or comprised be in any wise preiudicial hurtefull or derogatorie to the ceremonies vses and other laudable and politike ordinaunces Ceremonies for a tranquilitie discipline concorde deuocion vnitie and decent ordre heretofore in the church of Englande vsed instituted taken and accepted nor to any person or persons accordingly vsing the same or any of them ¶ Prouided alway and be it enacted by auctoritie of this pesente parliamente that this acte concernynge the bysshoppe of Rome or any thynge to be done by his vsurped auctoritie shall no further bynde nor extende to and vppon the kinges subiectes of his yle of Iersey Gernesey Iersey and Gernsey and Alderney in any other
or persons craftely ymagine inuente or attempt by colour of any pretence to depriue the kinges highnes the quene or the heires of their bodies begotten or any other the heires of the kinges body laufully begotten or any person or persons to whom the kinges highnes shall dispose giue and limit the crowne of this realme by auctoritie of this acte of any of their titles stiles names degrees or royal estates or regall power Or if any person or persons at any time hereafter being required or cōmaunded by the kinges highnes or by such person or persons as shal be auctorised by his grace or his laufull heires to make or take an othe to answere to such questions and interrogatories as shal be obiected to them vpon any clause article sentence or worde conteined in this acte do contemptuously or vtterly refuse to make or take such oth or without frustratorie delay do not make or take the same oth or after the making or taking such othe do contemptuously refuse directly to answere to such questions and interrogatories as shall be obiected concerninge the same or any part therof that then euery such person and persones of what astate degree or condition so euer he or they be and their aydours counsayllours maynteynours and abettours and euery of them for euery such offence afore declared Treason shal be adiudged highe traytours And that euery such offence afore especified shal be adiudged high treason and the offendours therin and their aidours counsailours mainteinours and abettours and euery of them beinge laufully conuict of any such offence by presentment verdite confession or processe according to the custom lawes of this realme shal suffre peynes of deathe as in cases of high treason And that also euery such offendour being conuicte as is aforesaid shal lose and forfaite to your highnes and to your heires or successours kynges or regal rulers of this realme all such manours landes tenementes rentes annuities and hereditamentes which they had in possession as owners or were sole seased of by or in any right title or meanes or any other persō or persōs had to their vse of any estate of enheritance at the day of such treasons offences by them committed and done And shal also lose forfaite to your highnes and your said heires as well all maner suche estates of freeholde and interest for yeres of landes and rentes as all other goodes cattalles dettes which they had at the time of their conuiction or atteinder of any such offence Sauynge alway to euery such person and persons and bodies politike to their heires assignes and successours and to the heires and successours of euery of them other then such persons as shall be so conuicte or atteinted and their heires and successours and all other clayminge to their vses all suche righte title vse interest possession condition rentes fees offices annuities and commens which they or any of them shall haue in or vpon any such manours landes tenementes rentes annuities or hereditamentes that shall so happen to be lost and forfaite by reason of any conuiction or atteynder for any the treasons offences aboue rehersed at any time before the said treasons and offences committed ¶ Be it also enacted by auctoritie aforsaid that no person or persōs offending in any the treasons conteined and limitted by this act or in any other treasons shal in any wise haue and inioy the priuilege or immunitie of any maner sainctuarie within this realme or els where within any the kinges dominiōs but shal vtterly lose and be excluded of the same any vse grant Sainctuary custome prescription confirmation or any other thinge or thinges to the contrary hereof in any wise not withstandinge ¶ And be it also enacted by auctoritie aforesaid that if your maiestie shall happen to deceasse before any such your issue and heire male of your body which shuld inherite the crowne of this realme shal be of his age of .xviii. yeres or before that suche your issue and heire female whiche shulde inherite the crowne of this realme shal be maried or be of the age of .xvi. yeres whiche almyghty god defend that than the said issue and heire male to the crowne so beinge within the age of .xviii. yeres or your said issue and heire female to the crowne so beinge vnmaried or within the said age of .xvi. yeres shall be and remayne vntyll suche time as such issues and heyres shall come to their said seuerall ages afore limitted at and in the gouernance of their naturall mother and of suche other your counsaylours and nobles of your realme as your highnes shall limitte and appoynt by your laste wyll made in writynge sygned with your mooste gracyous hande yf it shall be thought by your highnes moste conuenyent soo to be or elles the sayd yssues and heyres shall be at and in the gouernaunce of suche of your counsaylours and nobles of youre realme as your maiestie shall name and appoynt by your last wyll made in writynge and signed with your most gracyous hande as is aforesaide And if any person or persons by wrytynge Treason printing or exterior dede or act directly or indirectly procure or do or cause to be procured or done any thinge or thinges to the lette or distourbance of the same that than euery such offence shall be high treason and the offendours beinge therof conuicted shall suffre such peynes of deathe and losse of inheritaunce priuileges of sainctuaries freeholdes interestes for yeres goodes cattalles and dettes in such maner and fourme as is aboue specified in cases of treason afore mencioned ¶ AND for the more sure establishment of the successiō of your most roiall maiestie accordinge to the tenour and fourme of this acte Be it further enacted by auctorytie aforesayde that as welle all the nobles of your realme spirituall and temporall as all other your subiectes nowe liuing and beinge or that hereafter shall be at their full ages by the commaundement of your maiestie or of your heires or successours Othe at al times hereafter from time to time whā it shal please your highnes or your heires or successours to apoynt shal make a corporal othe in the presence of your highnes or your heires or successours or before such other as your maiestie or your heires or successours will assigne for the same for the kepinge obseruing defending auowynge and maynteynynge of this acte and of all thinges that shall be done by your hyghnes by auctoritie therof accordinge to the tenour of an othe hereafter ensuinge That is to say Ye shal swere to beare faith truthe and obedience all onely to the kinges maiestie supreme heed in erthe vnder god of the churche of Englande durynge his lyfe and to his heires of his body of his most diere and entierly beloued lauful wife quene Iane begoten and to be begoten and procreated And further to the heires of our said soueraigne lorde according to the limittation in the statute made for
suretie of his succession in the crown of this realme in the parliament begonne and holden at Westminster in the .viii. daye of Iune in the .xxviii. yere of the kinges most gratious reigne And also for lacke of such heires to such person persons as the kinges highnes shall limitte and appoint to succede to the crown by vertue auctoritie of the same act and not to any other within this realm nor foreine auctoritie power or potentate And in case any other othe be made or hath be made by you to any person or persons that then ye to repute the same as vayne adnichilate And that to your counninge writte and vttermooste of your power without gyle fraude or other vndewe maner ye shall obserue kepe maynteine and defende the saide acte of succession made in the saide parliament begon and holden at westmynster in the said .viii. day of Iune in the saide .xxviii. yere of the kinges most roiall reigne and al the holle effectes and contentes therof and al thinges that shall be done by the kinges highnes by auctoritie of the same and all other actes and statutes made in confirmation or for executiō of the same or of any thing therin conteined and this ye shal do against al maner of persōs of what estate dignitie degree or condition so ●uer they be in no wise do or attempte nor to your power suffre to be done or attempted directlie or indirectly any thing or thinges priuily or appertely to the let hinderaunce damage or derogation therof or of any parte of the same or of any thynge or thinges that shal be done by the kinges highnesse by vertue or auctoritie of the said act by any maner of meanes or for any maner of pretence so helpe you god al saintes and the holy Euangelistis ¶ And it is also enacted by auctoritie afore saide that all maner your subiectes as well spirytuall as temporall suynge lyuerey or ouster le mayne out of the handes of your highnesse or of your heires or successours or doynge any feyltie to your highnesse or to your heires or successours by reason of tenure of theyr landes shall swere the saide corporall Othe aboue mencyoned And that they nor any of theym shall here after haue any lyuereys oustre le mayne or restytution out of your handes nor oute of the handes of your heyres or successours tylle they shall haue made the saide corporall Othe in fourme aboue rehersed And if any person or persones beynge commaunded by auctorytye of this acte to make the sayde Othe afore lymytted obstynately or wylfullye refuse that to doo or wyll proteste and saye whan they shall be examyned vpon any interrogatories that shal be obiected to theym for or concernynge this acte or any thyng therin conteined that they be not bounde to declare their thought and conscience and styffely theron abyde that then euery suche personne soo doynge for euery suche offence shall be taken and accepted for offendour in hyghe treason And that euery suche refusell shall be demed and adiudged highe treason Treason and the offendour therin beinge as afore is limitted lawefullye conuicted or attemted therof by the lawes of this realme shall suffre suche peines of death losses and forfaitures and also lose priuileges of saintuaries in like maner and fourme as is aboue mentioned for the treasons afore limitted by this acte ¶ And be it further enacted by auctoritie of this present parliamente that if it shall please the kynges maiestie at any tyme here after by his letters patentes vnder his greate seale or by his laste wyll made in wrytinge Letters patentes and ligned with his most gratious hande to auaunce any person or persons of his most royall bloud to any title style or name of any estate dignitie or honour what so euer it be and to gyue to them or to any of them any castelles honours manours landes tenemētes liberties frācheses or other hereditamentes in fee symple fee tayle or for terme of theyr lyues or the life of any of them that then al and euery such letters patentes and last wyl of his highnes so to be made to any such person or persones of his blode shal be good and effectuall to them and euery of them according to the tenour purporses and effectes of euerye such letters patentes and laste will And that the said persone and persones and euery of them shall haue and enioy as well all suche titles style and names of honour dignitie and estate whiche shall be conteyned and expressed in any such letters patentes or laste wyll of the kynges hyghnes as suche castelles honours manours landes tenementes lyberties francheses and all other hereditamentes whiche shall be specifyed and mencyoned in euery such letters patentes or last will in such maner fourme fation and condicion and according to such estate or estates in the lawe as shal be expressed and limitted in euery suche letters patentes or last wyll in as large and ample maner to all intentes and purposes as if the titles styles and names of honour dygnitie and estate and the castelles honours manours landes tenementes lyberties francheses and other hereditamentes whiche shall be comprysed in any such letters patentes or laste wyll to be made were all redye yeuen by good sufficient letters patentes to suche personne or persons of the kynges blode by theyr speciall names and surnames and ratyfyed and confyrmed by auctoritie of this presente parlyamēte Or as if the names of suche personne and personnes soo beyng of the kinges bloudde and such titles stiles names castelles honours manours landes tenementes lyberties francheses or other hereditamentes hadde ben specyally named and expressed in this acte and gyuen to suche person and personnes of the kinges bloude by theyr propre names and surnames by sufficient wordes termes clauses sentences immediatly by auctoritie of this present parliament Sauinge to al and euery person and persons and bodyes politike and to theyr heyres assignes and successours other than to the kinges highnes his heyres or successours al such ryghte title interest possession rentes annulties fees offices comens rightes interestes petitions condicions all other hereditamentes which they or any of them may or mought claime of in or to any the said titles stiles names castelles honours manours landes tenementes liberties frācheses and other heredytamentes conteyned or mentioned in any suche letters patentes or laste wyll in as large and ample maner as if this acte hadde neuer be had nor made ¶ AND BE it fynally enacted by auctoritie afore said that this presente acte and euery clause article and sentence comprised in the same shal be taken and accepted according to the plaine wordes and sentences therin conteined and shall not be interpreted nor expounded by colour of any pretēse or cause or by any subtill argumentes inuentions or reasons to the hynderance disturbance or derogation of this act or any part therof Any thing or thinges acte or actes of parlyament