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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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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
foresayd religious houses within the foundacion wherof these other titles afore rehersed shal be establysshed Be it therfore enacted by auctoritie of this present parliament that his hyghnes shall haue full power and auctoritie frō tyme to tyme to declare nominat by his letters patētes or other writingis to be made vnder his greatte Seale suche noumber of bysshoppes suche nomber of cities sees for bysshoppes cathedrall churches and dyoces by metes and bondes for thexercise and mynistration of their episcopall offyces and adminystration as shall appertayne and to endowe theym with suche possessyons after suche maner fourme and condition as to his most excellente wysedome shall be thoughte necessary and conuenyent And also shall haue power and auctoritie to make and diuise translations ordynances rules and statutes concernynge theym all and euery of theym and further to do all and euery other thing and thinges what so euer it be whiche shall be deuised and thought requisite conuenient and necessarye by his mooste excellent wysedome and discretion for the good perfection and accomplyshement of all and syngular his sayde mooste godly and graciouse purposes and intentes touchynge the premysses or any other charytable or godly dedes to be deuised by his highnes concernynge the same And that all and syngular suche translations nominations of bishops cities sees and lymittation of dioces for byshops erections establishmentes foundations ordynances statutes rules and al and euery other thyng and thinges whiche shal be deuysed comprised and expressed by his gracis sondry and seueral letters patentes or other writinges vnder his greatte seale touchynge and concernynge the premisses or any of them or any circumstances or dependances therof necessary and requisite for the perfection of the premisses or any of them shall be of as good strength force value and effect to al intentes and purposes as if suche thynges that shall so be diuised expressed and mencioned in his letters patentes or other writinges vnder his great seale had ben done made and had by auctoritie of parliament ¶ An acte concernynge placynge of the lordes in the parlyament chaumber and other assembles and conferences of counsayle Capitulo .x. FOR AS MOCHE AS in all great councels and congregations of menne hauynge sondrye degrees and offyces in the common wealthe It is very requisyte and conuenyent that an order shulde be hadde and taken for the placyng and syttynge of suche persones as ben bounden to resorte to the same to the entent that they knowynge theyr places maye vse the same without displeasure or lette of the councell Therfore the kynges most royall maiestie althoughe it appertayneth vnto his prerogatiue royall to gyue suche honour reputation and placynge to his councellours and other his subiectes as shall be semynge to his most excellent wysedom is neuerthelesse pleased and contented for an order to be hadde and taken in this his moste hyghe courte of parliament that it shal be enacted by auctoritie of the same in maner and fourme as hereafter foloweth ¶ Fyrste it is enacted by auctoritie aforesayde that no persone or persones of what estate degree or condicion so euer he or they be of except onely the kynges chyldern shall at any tyme hereafter attempt or presume to sytte or haue place at any syde of the clothe of estate in the parliament chamber nother of the one hande of the kynges hyghnesse nor of the other whether the kynges maiestie be there personally present or absent And forasmoch as the kynges maiestie is iustely and laufully supreme heed in erthe vnder god of the churche of Englande and for the good exercyse of the sayd most royall dignitie and offyce hath made Thomas lorde Crumwell and lorde priuie seale his vicegerent for good due ministration of Iustyce to be had in all causes and cases touching the ecclesiasticall iurisdiction and for the godly refourmation and redresse of all errours heresyes and abuses in the sayde churche It is therfore also enacted by auctoritie aforesayde that the sayde lorde Crumwell hauynge the sayde offyce of vicegerent and all other persons whiche hereafter shall haue the sayde offyce of the graunt of the kinges highnes his heires or successours shall sytte and be placed as welle in this present parliament as in all parlyamentes to be holden herafter on the right syde of the parliament chamber and vppon the same fourme that the archbyshop of Canturbury sytteth on and aboue the same archbyshop and his successours and shall haue voyce in euery parliament to assente or dyssent as other the lordes of the parliament ¶ And it is also enacted that next to the sayd vycegerent shall syt the archbyshop of Canturbury and than nexte hym on the same fourme and syde shall sytte the archbyshop of Yorke and next to hym on the same forme and syde the byshop of London and next to hym on the same syde and fourme the byshop of Duresme and nexte to hym on the same syde and fourme the byshop of Wynchester and than all the other bishops of both prouinces of Canturbury and yorke shall sytte and be placed on the same syde after their auncienties as it hath ben accustomed ¶ And forasmoche as suche other personages whyche nowe haue and here after shall happen to haue other great offyces of the realme that is to say the offyces of the lorde Chancellour the lord Tresourer the lord president of the kynges most honorable councel the lord priuie seale the great chamberlayn of England the constable of Englāde the Marciall of Englande the lorde Admiral the grand Master or lord steward of the kinges most honorable houshold the kinges chamberlayn the kinges secretory haue not hertofore ben apointed ordred for the placing sitting in the kinges most high court of ꝑliment by reson of their officis It is therfore now ordeinid enacted by thauctorite aforsaid y t the lord Chancellor the lord tresorer y e lord p̄sident of the kinges coūcel the lorde priuy seale being of the degre of barōs of the parliment or aboue shal syt and be placed aswel in this present ꝑliment as in al other parliamentis herafter to be holden on the left side of y e said ꝑliment chamber on the higher part of the forme of the same side aboue all dukes except only suche as shall happen to be the kinges son the kingis broder y e kinges vncle y e kinges neuew or the kīges broders or sisters sons ¶ AND IT IS also ordeyned and enacted by auctoritie aforesayde that the great Chamberlayne the Constable the Marciall the lorde Admirall the great Mayster or lorde Stewarde and the kynges Chamberlayn shall sytte and be placed after the lorde Priuie seale in maner and fourme folowynge that is to say euery of them shall sytte and be placed aboue all other personages beinge of the same estates or degrees that they shall happen to be of that is to say the great Chaumberlayne fyrste the Constable next the Marciall thyrde the lorde Admirall the fourth the graund Maister
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