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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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❧ 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 VVestm̄ 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 vvere establysshed these actes folovvinge ❧ LONDINI ❧ ANNO VERBI INCARNATI M. D. XXXIX ❧ THE TABLE AN acte concernynge ioynt tenauntes and tenauntes in cōmon Capit. i. ¶ An acte that fysshynge in any seuerall ponde stewe or mote with an intente to steale fyshe oute of the same is felony Cap. ii ¶ An acte changinge the custome of Gauelkynd Ca. iii. ¶ An acte concernyng the amendinge of the ryuer port of Exeter Cap. iiii ¶ An act wherby the kynges maner of Hampton court is made an honour and a new chase therto belonginge Cap. v ¶ An act that suche as were religious persones maye purchase pursue be sued in all maner of actions Cap. vi ¶ An act concerninge the continuance of the statute for punyshment of beggars and vacabundes and of certayne other statutes Ca. vii ¶ An act that proclamations made by the kynges hyghnes with thaduise of his honorable councel shal be obeyed kept as though they were made by act of parliament Cap. viii ¶ An act authorisinge the kynges hyghnse to make byshops by his letters patentes Cap. ix ¶ An act concernyng placinge of the lordes in the parliament chaumber and other assembles and conferencis of counsayle Ca. x. ¶ An act auctorising the kynges hyghnes newly to allotte certayne towne shyps in Wales Cap. xi ¶ An act concernynge wrongful takyng of haukes egges and byrdes out of the nest fyndynge and takynge vp of the kynges Haukes huntinge in the kynges forest parke chace or other grounde enclosed and kyllynge of conyes within any lawfull waren of the kynges Cap. xii ¶ An act wherby all manours landes profytes and hereditamentes belongynge to any the monasteries or other religious houses dissolued or hereafter by any meane to be dissolued are assured to the kynges hyghnes his heyres and successours for euer And howe and in what wyse leasses and grauntes heretofore made or hereafter to be made of them or any parte of them shall take effect Cap. xiii ¶ An act for abolyshyng of diuersitie of opinions in certayne articles concernynge Christen religion Cap. xiiii ¶ FINIS TABVLAE ¶ An acte concernynge ioynt tenantes and tenantes in common Capitulo primo FOR AS MOCHE AS by the common lawes of this realme dyuers of the kynges subiectes beinge seised of maners landes tenementes and hereditamentes as ioynte tenantes or as tenantes in common with other of any estate of inheritaunce in their owne ryghtes or in the ryghte of their wyues by purchas descent or otherwise and euery of them so beinge ioynt tenantes or tenantes in common haue lyke right title interest and possession in the same maners landes tenementes and heredytamentes for their partes or portions ioyntly or in common vndeuidedly together with other and none of them by the lawe dothe or may knowe theyr seuerall partes or portions in the same or that that is his or theirs by it selfe vndeuided can not by the lawes of this realme otherwise occupy or take the profites of the same or make any seuerance diuision or partition therof without other of their mutuall assentes and consentes by reson wherof diuers and many of them being so ioyntly and vndeuidedly seised of the said maners landes tenementes and hereditamentes oftentymes of their peruers couetous and malicious myndes and wylles ayenst all right iustyce equitie and good cōscience by strength and power haue not only cutte and fallen downe all the woddes and trees growynge vppon the same but also haue extirped subuerted pulled downe and destroyed al the houses edificions and buyldynges medowes pastures commons and the holle commodities of the same and haue taken and conuerted theym to their owne vses and behofes to the open wronge and disherison and ayenst the myndes and wylles of other holdynge the same maners landes tenementes and heredytamentes ioyntly or in common with them and they haue ben always with out assured remedy for the same Be it therfore enacted by the king our most dradde souerayne lorde and by thassent of his lordes spirituall and temporall and by the cōmons in this present parliament assembled that al ioynt-tenauntes and tenauntes in common that nowe be or hereafter shall be of any estate or estates of inheritaunce in their owne rightes or in the right of their wyues of any maners landes tenementes or heredytamentes within this realme of Englande Wales or the marches of the same shal and may be coacted and compellyd by vertue of this present acte to make particion betwene them of all suche maners landes tenementes and hereditamentes as they nowe holde or hereafter shal holde as ioynt tenantes or tenantes in cōmon by writte De participatione facienda in that case to be deuysed in the king our souerayne lordes courte of Chancery in lyke maner and fourme as coperceners by the common lawes of this realme haue ben and ar compellable to do and the same writte to be pursued at the common lawe ¶ Prouided alway and be it enacted that euery of the sayde ioynt tenantes or tenauntes in common and their heires after suche partition made shall and may haue ayde of the other or of their heires to the entent to deraigne the warrantie paramount and to recouer for the rate as is vsed betwene coperceners after partition made by the order of the common lawe any thynge in this acte conteyned to the contrary not withstandynge ¶ An acte that fyshynge in any seuerall ponde stewe or mote with an intent to steale fyshe out of the same is felony Captt ii WHERE AS DIVERS and many of the lordes knyghtes esquiers gentylmen and other the kynges subiectes within this his realme at their greatte costes and charges haue caused to be made within their seueral groundis many pondes stewes and motes and stored them with dyuers kyndes of fyshes as pikes breames Carpes tenches and other fysshes wherof they haue thought to haue had great commoditie as well for the pleasure of their frendes as for their owne commoditie and profite towardes the necessary fyndynge of their houses dyuers and manye lyghte and vnreasonable persons of this realme being of no good rule nor honestie lyttell or nothynge regardyng god the feare of theyr soueraygne lorde the kynges highnes nor his lawes haue not only fyshed the sayde pondes stewes and motes as well by nyghte as by daye with nettes hookes and baytes of dyuers sortes but also with
or lorde Stewarde the fyfte and the kynges Chamberlayn the syxt ¶ AND it is also enacted by auctoritie aforesayde that the kynges chiefe Secretorie beinge of the degree of a baron of the parlyamente shall sytte and be placed afore and aboue all barons not hauynge any of the offyces afore mencioned And if he be a byshop that than he shall sytte and be placed aboue all other bysshoppes not hauynge any of the offyces aboue remembred ¶ AND it is also ordeyned and enacted by auctoritie aforesayde that all dukes not afore mencioned marquesses erles vycountes and barones not hauyng any of the offyces aforesayd shal sytte and be placed after their auncienties as it hath ben accustomed ¶ And it is further enacted that yf any persone or persons which at any tyme hereafter shall happen to haue any of the sayd offyces of lorde Chauncellour lorde Treasourer lorde Presydente of the kynges councelle lorde Priuye seale or chiefe Secretorie shal be vnder the degree of a baron of the parliament by reason wherof they can haue no interest to gyue any assente or dissent in the sayd howse that then in euery suche case suche of them as shall happen to be vnder the sayd degree of a baron shall sytte and be placed at the vppermoste parte of the sackes in the myddes of the said parliament chaumber eyther there to sytte vppon one fourme or vpon the vppermoste sacke the one of them aboue the other in order as is aboue rehersed ¶ Be it also enacted by auctoritie aforesayde that in all trialles of tresons by peeres of the realme if any of the peres that shall be callyd hereafter to be triours of suche tresons shall happen to haue any of the offices aforsaid that than they hauyng suche offices shall sytte and be placed accordyng to theyr offyces aboue all the other peeres that shal be called to suche trials in maner and fourme as is aboue mencioned and rehersed ¶ And it is also enacted by auctoritie aforesayd that as welle in all parliamentes as in the Sterre chaumber and in all other assembles and conferences of counsayle the lorde Chauncellour the lorde Treasourer the lord President the lord Priuie seale the great Chamberlayn the Constable the Marciall the lorde Admirall the Graunde maister or lorde Stewarde the kynges Chamberlayne and the kinges chiefe Secretory shall sytte and be placed in suche order and facion as is aboue rehersed and not in any other place by auctoritie of this present act ¶ An acte auctorysyng the kynges highnesse newly to allotte certayne towneshyppes in Wales Capitulo xi VVhere in the parliament begonne and holden at London the third day of Nouember in the .xxi. yere of the reigne of our most drad souerayne lorde kyng HENRY the .viii. and from thens adiourned to Westm̄ and there holden and continued by dyuers prorogations vnto the .iiii. daye of Februarye in the .xxvii. yere of the reigne of our sayd souerayne lorde and than and there holdē and continued vnto the dissolution therof one act and ordinance was made in the session of the said ꝑliament holden the sayd .iiii. day of February wherby amonges diuers other thinges diuers shires and counties were newly made named within the dominion principalitie of Wales diuers townes parishes lordships cōmotes cātredes within the said dominion principalite were allotted apointed limitted to the said seuerall shires counties as by the same act more plainly and particularly among other thinges appereth And forasmoch as by credible information it was comen into the kinges knowlege after the makyng of the said act that som lordships townes parishes cōmotes hundredes cantredes were not in differently allotted limitted to the shires named in the sayd act for the commoditie of the kynges subiectes inhabited therin It was therfore ordeined and enacted by auctorite of the parliament holden at Westm̄ the .viii. day of Iune in the xxviii yere of the kynges reigne that the kynges highnes during the tyme of .iii. yeres next after the ende of the same parliament shulde haue power auctoritie by writing vnder his great seale to allot appointe assigne and limite to euery of the shires named in the sayde acte suche and so many lordshyps townes parisshes hamlettes hundredes commotes and cantredes as his maiestie by his moste high wysedome shulde thynke conuenient and agreable for the ease and commoditie of his louyng subiectes the inhabitauntes of his said dominion principalitie And shuld likewise haue power and auctoritie to name and assigne the shire townes in euery of the sayd shires named in the sayd acte And that euery suche limitation appointment nomination and assignement to be made by the kinges highnes in that behalfe by auctoritie of the sayd acte shulde be as good and effectuall to all intentes purposes as though it had ben done and made plainly ꝑticularly by auctoritie of parliament any thing conteined in the said act in the session of the said parliament holden the .iiii. day of Februarye in the xxvii yere or any thing or thinges to the contrary therof not withstanding ¶ And forasmoch as the tyme of .iii. yeres limited to the kingis maiestie by the sayd act made in the .xxviii. yere of his gracis reigne is nigh expired y t his highnes hath had such gret affaires vrgēt causes to do concernyng the state and welth of this realme that by occasion therof his maiestie hath had no cōuenient tyme nor leysure to accōplyshe execute the power auctoritie committed to his highnes by the sayd acte made in the sayde .xxviiii. yere of his reigne Be it therfore enacted by auctorite of this p̄sent ꝑliamēt that his maiestie during the space of other .iii. yeres next after y e fyrst daye of this present parliamēt shal haue like power and auctoritie to do vse execute and accomplishe all and euery thing and thynges limitted apoynted to his maiestie to be done vsed and accōplished by the same act made in the said .xxviii. yere of his gracis reigne in as large and ample maner in euery condicion as his maiestie mought haue done vsed and accōplished within the said time of thre yeres limitted by y e same acte as is aforesaid And that euery such limitation appoyntment nominatiō assignemēt to be made by the kinges highnes in that behalfe by auctoritie of this present act during the space of the said other .iii. yeres next after y e fyrst day of this p̄sent parliamēt shal be as good effectuall to all intentes purposes as though it had ben done made playnly and particularly by auctoritie of ꝑlyamente ¶ An acte concerning wrongfull takyng of haukes egges birdes out of the nest finding taking vp of the kinges haukes huntyng in the kinges forest parke or chace or other ground inclosed and killyng of conies within any laufull warren of the kynges Cap. xii VVhere in the parlyment holden at Westm̄ the .xi. yere of the reigne of the noble prince of
patronages annuities rightes entries condicions cōmons letes courtes liberties priuileges and francheses appertaining or in any wyse belongyng to any suche monasterie abbathie priorie nonry college hospitall house of friers and other relygious and ecclesiasticall houses places or to any of them by what so euer name or corporation they or any of them were than named or callyd and of what order habite relygion or other kynde or qualitie so euer they or any of them than were reputed knowen or taken To haue and to holde al the said monasteries abbathies priories nonries colleges hospitalles houses of friers and other religious and ecclesiastical houses and places sites circuites procinctes manours landes tenementes medowes pastures rentes reuercions seruices and all other the premisses to our sayde soueraigne lorde his heyres and successours for euer and the same their sayd monasteries abbathies priories nonries colleges hospitals howses of friers and other relyigious and ecclesiasticall houses and places sites circuites procynctes manours lordshyps graunges meases landes tenementes medowes pastures rentes reuercions seruices and other the premisses voluntarily as is aforesayde haue renounced lefte and forsaken and euery of them hath renounced lefte and forsaken Be it therfore enacted by the kyng our soueraygne lorde and the lordes spirituall and temporall and the commons in this present parliament assembled and by auctoritie of the same that the kyng our souerain lorde shall haue holde possede and enioye to hym his heires and successours for euer all and syngular suche late monasteries abbathies prioryes nonries colleges hospitalles houses of friers and other religious and ecclesiasticall howses and places of what kyndes natures qualities or diuersities of habites rules professions or orders they or any of them were named knowen or called which syth the sayd .iiii. day of Februarye the .xxvii. yere of the reigne of our sayde soueraygne lorde haue bene dissolued suppressed renounced relynquyshed forfayted gyuen vp or by any other meane come to his highnes and by the same auctoritie and in lyke maner shall haue holde possede and enioye all the sites circuites procinctes manours lordeshyppes granges meases landes tenementes medowes pastures rentes reuercions seruices woddes tithes pentions portions personages appropried vycarages churches chapelles aduousons nomynations patronages annuyties ryghtes interestes entrees condicions cōmons letes courtes liberties priuileges francheses and other what so euer hereditamentes whyche appertayned or belonged to the said late monasteries abbathies priories nonries colleges hospitalles houses of friers and other religious or ecclesiastical houses and places or to any of them in as large and ample maner and forme as the late abbottes priours abbesses prioresses and other ecclesiasticall gouernours and gouernesses of suche late monasteries abbathies prioryes nonries colleges hospitalles houses of friers and other religious and ecclesiasticall houses and places had helde or occupyed or of ryghte oughte to haue had holden or occupyed in the ryght of theyr sayde late monasteries abbathies priories nonries colleges hospitalles howses of friers or other relygiouse or ecclesiasticall houses or places at the tyme of the sayd dissolution suppression renouncynge relynquyshyng forfaytynge gyuynge vp or by any other maner of meane commyng of the same to the kynges highnes sythen the .iiii. day of February aboue especified ¶ And it is further enacted by the auctorytie abouesayde that not onely all the sayde late monasteries abbathies pryories nonries colleges hospytalles howses of friers and other relygyous and ecclesyasticall houses and places sites circuites procinctes manours lordeshyppes graunges meses landes tenementes medowes pastures rentes reuercyons seruyces and all other the premysses forthwith immediatly and presentely but also all other monasteries abbathies priories nonries collegis hospitals hous●s of friers and al other religious and ecclesiastical houses and places which herafter shall happen to be dissolued suppressed renounced relinquysshed forfayted giuen vp or by any other meane come vnto the kinges highnes and also al the sites circuites procinctes manours lordships graunges meases landes tenementes medowes pastures rentes reuercions seruyces woddes tythes pencions portions personages appropriate vicarages churches chapelles aduousons nominations patronages annuities rightes interestes entrees condicions commons letes courtes lyberties pryuileges francheses and other hereditamentes what so euer they be belongyng or appertainynge to the same or to any of them whan so euer and as sone as they shall be so dissolued suppressed renunced relinquished forfaited giuen vp or by any other meane come vnto the kinges highnes shal be vested demed and adiuged by auctoritie of this present parliament in the very actuall and real seson and possession of the kynge our sayd soueraigne lord his heires and successours for euer in the state and condition as they nowe be and as thoughe all the sayd late monasteries abbathies priories nonries colleges hospitalles houses of friers and all other religious and ecclesiasticall houses and places so dissolued suppressed renunced relinquysshed forfaited gyuen vp or come to the kynges highnes as is aforesayde as also the sayde monasteries abbathies priories nonries colleges hospitals houses of friers and other religious ecclesiasticall houses and places whiche hereafter shall happen to be dissolued suppressed renunced relinquyshed forfayted gyuen vp or come vnto the kynges highnesse sites circuites procinctes manours lordeshippes graunges landes tenementes and other the premisses what so euer they be and euery of them were in this present act specially and particularly rehersed named and expressed by expresse wordes names titles and faculties and in their natures kyndes and qualities ¶ And be it also enacted by thauctoritie aforsaid that all the said late monasteries abbathies priories nonries colleges hospytals houses of friers and other religious and ecclesiasticall houses and places whiche bene dissolued suppressed renunced relinquished giuen vp or come to the kynges hyghnes by any maner of meanes as is aforesaid and al the manors lordships grāges landes tenemētes other the premisses except suche therof as be comen to the kinges handes by atteinder or atteinders of treson And al the sayde monasteries abbathies priories nonries colleges hospitals houses of friers and other religious and ecclesiasticall houses places which hereafter shal happen to be dissolued suppressed renunced relinquished forfaited giuen vp or come vnto the kinges highnes all the manours lordeships graunges landes tenementes medowes pastures rentes reuercions seruices woddes tithes porciōs pēcions ꝑsonages appropriate vycarages churches chapels aduousōs noīations patronagis ānuities rightis interestis entries cōditiōs cōmons letes courtes liberties priuileges frācheses other hereditamentes what so euer they be belonging to the same or to any of them excepte suche therof which shal happen to come to the kinges highnes by atteinder or atteinders of treson shal be in the order suruey gouernāce of our sayd soueraigne lorde the kynges courte of Augmentations of the reuenues of his crowne and of the chancellour officers and minysters of the same And all the fermes issues reuenues and profytes commynge and growynge of the premisses and of euery parte therof except before excepte shall be
wyne or no. ¶ Secondly whether it be necessary by goddes lawe that all men shoulde be communicate with both kyndes or no. ¶ Thirdly whether priestes that is to saye men dedicate to God by priesthode maye by the lawe of God marye after or no. ¶ Fourthly whether vowe of chastitie or wydowhed made to God aduisedly by man or woman be by the law of God to be obserued or no. ¶ Fyftly whether priuate Masses stande with the lawe of God and be to be vsed and continued in the church and congregation of England as thinges wherby good Christen people maye and do receyue bothe godly consolation and holsome benefytes or no. ¶ Sixtly whether Auricular confession is necessarye to be reteyned continued vsed and frequented in the church or no. ¶ The kynges most royall maiestie most prudently ponderynge and consyderynge that by occasion of variable and sondry opinions and iudgementes of the sayde articles great discorde and variance hathe arysen aswell amongest the clergy of this his realme as amongeste a great nombre of the vulgar people his louynge subiectes of the same And beynge in a full hope and trust that a full and perfect resolution of the sayde articles shulde make a perfyte concorde and vnitie generally amonges all his louynge and obedient subiectes of his most excellent goodnes not onely commaunded that the sayde articles shulde deliberatly and aduysedly by his sayde archebysshops byshops and other lerned men of his clergye be debated argued and reasoned and their opinions therin to be vnderstand declared knowen but also most graciously vouchesaued in his owne princely persone to discende and come into his sayd hyghe courte of Parlyament and councell and there lyke a prince of most hyghe prudence and no lesse lernynge opened and declared many thinges of hygh lernyng and great knowlege touchinge the sayd articles mattiers and questions for an vnitie to be had in the same Whervpon after a great and longe deliberate and aduised disputation and consultation had and made concernynge the sayde articles as well by the consent of the kynges hyghenes as by thassent of the Lordes spirituall and temporall and other lerned men of his clergye in their conuocation and by the consent of the commons in this present Parliamēt assembled it was and is fynally resolued accorded and agreed in maner fourme folowynge That is to say ¶ First that in the most blessed Sacrament of the altare by the strength and efficacy of Christes myghty worde it beynge spoken by the priest is present really vnder the forme of bread wyne the naturall body bloud of our sauiour Iesu Christ conceyued of the virgyn Mary And that after the consecration there remayneth no substance of bred or wyne nor any other substance but the substāce of Christ God and man ¶ Secondly that communion in both kyndes is not necessary Ad salutem by the lawe of God to all persons And that it is to be beleued not doubted of but that in the flesshe vnder fourme of bred is the very bloud and with the bloude vnder fourme of wyne is the very flesshe aswell aparte as thoughe they were both togyther ¶ Thirdly that priestes after the order of priesthode receyued as afore maye not marye by the lawe of God ¶ Fourthly that vowes of chastitie or wydowhed by man or woman made to God aduisedly ought to be obserued by the lawe of God and that it exempteth them frome other liberties of Christen people which without that they might enioye ¶ Fyftly that it is mete and necessary that priuate Masses be continued and admitted in this the kynges Englyshe churche and congregation as wherby good Christen people orderynge theym selfes accordyngly do receyue both godly and goodly consolations and benefytes and it is agreable also to goddes lawe ¶ Sixtly that Auricular confession is expedient and necessary to be reteyned and continued vsed and frequented in the church of God For the whiche most godly study peyne and trauayle of his maiestie and determination and resolution of the premisses his moste humble obedient subiectes the lordes spirituall and temporall and the commons in this present parliament assembled not onely rendre and gyue vnto his hyghenes their most hyghe and harty thankes and thinke them selfes most bonden to praye for the longe continuance of his graces most royall estate but also beyng desyrous that his moste godly enterprise maye be well accomplysshed and brought to a full ende and perfection and so establysshed that the same myght be to the honour of God and after to the common quiete vnitie and concord to be had in the hole body of this realme for euer Most humbly besechen his royall maiestie that the resolution and determination aboue writen of the sayde articles maye be establysshed and perpetually perfyted by authoritie of this present parliament It is therfore ordeyned and enacted by the kynge our souerayne lorde the lordes spirituall and temporall and the commons in this present parliament assembled and by the authoritie of the same that yf any person or persons within this realme of Englande or any other the kynges dominiōs after the .xii. daye of Iuly nexte commynge by worde wrytinge imprinting cyfring or in any other wyse do publysshe preache teache saye afferme declare dispute argue or hold any opinion that in the blessed Sacrament of the altare vnder fourme of bred and wyne after the consecration therof there is not present really y e naturall body and bloude of our sauiour Iesu Christ conceyued of the virgyn Marye or that after the sayd consecration there remayneth anye substance of bred or wyne or any other substance but the substance of Christ God and man Or after the tyme aboue sayde publysshe preache teache saye afferme declare dispute argue or holde opinion that in the flesshe vnder fourme of bred is not the verye bloude of Christe Or that with the bloude vnder the fourme of wyne is not y e very flesshe of Christ aswell aparte as thoughe they were both togither Or by any of the meanes aboue sayde or otherwyse preache teache declare or afferme the sayde Sacrament to be of other substance than is aboue sayde or by anye meane contempne depraue or despice the sayde blessed Sacrament that then euerye suche person and persons so offendinge their aydours conforters coūsaylours consentours and abettours therein beynge thereof conuicted in fourme vnderwriten by the authoritie aboue sayde shal be demed and adiudged heretikes And that euery suche offence shal be adiuged manifeste heresy And that euery suche offendour and offendours shal therfore haue and suffre iudgementes execution peyne and peynes of deth by way of burnynge without any abiuration clergye or seyntuary to be therfore permitted had allowed admitted or suffered And also shall therfore forfeyte and lese to the kynges hyghenes his heyres and successours all his or their honours manours castels landes tenementes rentes reuertions seruices possessions and all other his or their hereditamentes gooddes and catals termes and freholdes what
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
great nomber of mysruled persones haue entred into suche groundes and there with great violence haue broken vp the heedes of the sayd pondes stewes and motes and destroyed and taken the fysshe of the same pondes stewes and mootes to the greate dyspleasures and losses of the owners of the sayde pondes stewes and motes and contrary to all good reason ryght and conscience Wherfore be it enacted by the kynge our sayde soueraygne lorde with the assent of the lordes spirituall and temporall and the commons in this present parlyament assembled and by the auctoritie of the same that as welle all maner of fysshynges with any nettes hokes or baytes of what kynde so euer they be in any seuerall ponde stewe or mote with an intente to steale fysshe out of the same doone or commytted at any tyme after the feaste of the Natiuitie of sayncte Iohn Baptiste nexte commynge that is to saye in the XXXI yere of the reygne of our sayde soueraygne lorde from the howre of syx in the euentyde vnto the howre of syxe in the mornynge ayenste the wylles and myndes of the owners or possessioners of suche pondes stewes or motes as also the vnlawfull breakinge vp of the heed of any seuerall ponde stewe or mote by daye or by night after the sayd feast without colour of title so to do wherby any fysh of the same ponde stewe or mote is taken or destroyed against the will or mynde of the owner or possessioner of the same be to all intentes denied taken and adiudged felony and that those persons so offendinge shall haue and suffer all suche peynes of deathe and punyshmentes as other felons ought to haue and suffre for felony by the course of the lawes of this realme ¶ And also be it further enacted by the auctoritie afore sayd that yf any suche euyll disposed persons after the feast before limitted do fysh in the day tyme at any other tyme then is before rehersed in any suche seuerall pondes stewes or motes with any maner of nettes hookes or baytes as is aforesayde what kynde so euer they be of against the will pleasure mynde of the owners or possessors of the same seuerall pondes stewes or motes not hauynge any maner of colour of title so to do and therof be lawfully conuicted at the suyte of our soueraigne lorde the kynge or the partie greued that then the sayd parties so conuicted shall suffre imprisonment by the space of thre monethes and after the sayde thre monethes expired shall fynde sufficient suretie for his or their good aberinge or els to remayne still in pryson without bayle or mainprise vnto such tyme he or they can fynd such suertie ¶ An acte changinge the custome of Gauelkynde Chap. iii. THe kynge our soueraigne lorde for dyuers consyderations his maiestie mouinge by auctoritie of this his hyghe court of parliament enacteth ordeyneth and establyssheth that as well all the lordships maners landes tenemētes woddes pastures rentes seruices reuersions remayndres aduousons all other what so euer hereditamentes set lyenge and beyng within his countie of Kent of the which Thomas Crumwell knight of the honorable order of the Garter lorde Crumwell of Wymbyldon lorde priuy seale Thomas Burgh knight lorde Burgh George Broke knight lorde Cobham Andrewe Wyndesor knight lorde Wyndesor Thomas Cheyne knyght treasourer of our sayde soueraigne lorde the kynges most honourable housholde Christofer Hales knight maister of the rolles of our sayd soueraigne lordes court of Chancery Thomas Willoughby knight one of y e iuges of the kynges court of the cōmen place Anthony Seyntleger knight Edwarde Wotton knight Edwarde Boueton knyght Roger Cholmeley knight seriaunt at lawe Iohn Champneis knight Iohn Baker squier our sayde soueraigne lorde the kynges generall attourneye Reynolde Scotte squier Iohn Guldeford squier Thomas kempe squier Edward Thwayttis squier William Rooper squier Anthony Sandis squier Edwarde Isaac squier Percyuall Hart squier Edward Monyns squier Wylliam Whetnall squier Iohn Fogge squier Edmond Fetyplace squier Thomas Hardres squier William Waller squier Thomas Wilforde squyer Thomas Moyle squyer Thomas Harlakynden esquyer Geffrey Lee squier Iames Hales Henry Husee and Thomas Roydon gentylmen or any of theym is or be seysed to his or their owne vse or vses in fee simple or in fee cayle the whiche now bene of the tenure and nature of Gauelkynde heretofore haue bene departed or be departible betwene heyres males by the custome of Gauelkynde shall from hensforth be clerely chaunged from the sayd custome tenure nature of Gauelkynde in no wyse hereafter be departed or departible by the sayd custome of Gauelkynd betwene heyres males but shall remayne reuert abyde descende come and be after and according as lordships maners landes tenementes and other hereditamētes do or may descende remayne reuerte abyde come or be accordinge to the common lawe of this realme and as other maners landes and tenementes beyng in the sayd countie of Kent whiche neuer were holden by seruice of socage but be alwayes haue bene holden by knight seruice do descende remayne reuerte abyde come be And in lyke maner to descende be descendable remayne reuerte come be inheritable to the heyre or heyres after accordinge to the sayd common lawes of this realme of England And that all singular the sayd lordshippes maners landes tenementes other hereditamentes with thappurtenaunces of the sayd lorde Crumwell lorde Burgh lorde Cobham lorde Wyndesor Thomas Cheyne Christofer Hales Thomas Willoughby Anthony Seyntleger Edwarde Wotton Edwarde Boueton Roger Cholmeley Iohn Champneis Iohn Baker Reynolde Scotte Iohn Guldeford Thomas kempe Edwarde Thwayttis William Rooper Anthony Sandis Edwarde Isaac Percyual Hart Edward Monyns Wylliam Whetnall Iohn Fogge Edmond Fetyplace Thomas Hardres William Waller Thomas Wilforde Thomas Moyle Thomas Harlakynden squier Geffrey Lee Iames Hales Henry Husee and Thomas Roydon or any of theym and which before the makynge of this acte haue bene of the sayd nature and tenure of Gauelkynde in y e sayd countie of Kent shall from hensforth be accepted taken enherited demed iudged to be lyke as lordeships maners landes tenementes and other hereditamentes at the common lawe of this realme and in suche maner and forme as yf the same maners lordships landes tenementes and other hereditamentes had neuer bene of the sayd nature of Gauelkynde any vsage or custome in the sayde countie of Kent heretofore had accepted or vsed to the contrary not withstandinge Sauinge alwayes and reseruinge to all and singular persons other than the sayde lorde Crumwell lorde Burgh lorde Cobham lorde Wyndesor Thomas Cheyne Christofer Hales Thomas Willoughby Antony Seintleger Edward Wotton Edwarde Boueton Roger Cholmeley Iohn Champneis Iohn Baker Reynold Scotte Iohn Guldeford Thomas Kempe Edward Thwaites Williā Roper Anthony Sandys Edward Isaac Perciual Hart Edward Monyns Williā Whetnal Iohn Fogge Edmond Fetyplace Thomas Hardres Williā Waller Thomas Wylford Thomas Moyle Thomas Harlakyndē squire Geffrey Lee Iames Hales Henry Husee Thomas Roydō or any of thē
to euery of thē ayenst any other of thē all such right title interest inheritance as they or any of thē had before y e making of this act of to or ī any of y e said maners lādes ten̄tes woddes pastures rētes seruices reuerciōs remainders aduousons other y ep̄misses as if this p̄sent act had neuer ben had nor made ¶ An acte concerninge the amendinge of the ryuer and port of Exeter Capi. iiii IN most humble wyse shewen vnto your hyghnes your true and faithfull subiectes the mayre baylyffes and commonaltie of your citie of Exetour that where of olde antiquitie as well the citesens and dwellers within your sayde citie as all other both denysens and straungers applienge comming from any partes of beyond the see or of this realme to your port of Exeter haue had course and recourse with their shippes botes and vessels goodes and marchaundises in the ryuer of Exe to and from the hye see vnto your sayde citie to the great commoditie common welth profit of your sayde citie and all the countrey therabout as by diuers recordes wrytinges remayninge as well in your sayd citie as also at Westm̄ playnly doth appeare Which commoditie of longe tyme hath bene so destroyed and letted by woyres and dryuinges of sandes and grauell by course of the water into the sayd ryuer and other lettes and noysances that at this day and of longe tyme past shyppes botes and vessels haue not had ne yet can haue their course to and from your sayd cytie as of olde tyme they haue had by reason wherof your sayd suppliantes of longe tyme haue ben and yet be compelled and enforced to cary their goodes and marchaundises frome the shippes boates and vessels to your sayd citie by lande to their yerely charges of CCCC markes sterlinges and aboue besyde great hurtes and losses taken in their sayd goodes and marchandises by the cariers of the same which hath not onely bene and yet dayly is to the gret hurt decay and enpoueryshing of the marchantes of your sayd citie but also of the coūtrey theraboutes by reason of the ouerflowing and drowninge of the medowes pastures and ground lyenge by the sayd ryuer with the hygh springes of the see the studdes of the fresh water cōming to the sayd ryuer by reason of which charges susteyned in carieng their goodes marchandises by lande vnto the sayd citie as is before sayd the marchantes owners of the sayd wares marchandises are driuen to sel the same moch more derer than they wold do yf the sayd marchādises might be cōueyed brought vnto y e sayd citie by water to the great hurt preiudice of al your graces subiectes in y e sayd parties For reformation wherof it may please your hyghnes of your most noble abundant grace with thassent of your lordes spirituall temporal the cōmons in this present parliament assembled by auctoritie of y e same to enact ordeyn establysh y t it may shal be lawful at al tymes after y e feast of Easter now next cōming to your sayd suppliantes maire bayliffes comminaltie of your sayd citie of Exetor their successors to pluck down dyg moyne breke bank cast vp al al maner of weires rockes sandis grauel other lettes noysances whatsoeuer they be in y e sayd ryuer also in other places groūd cōueniēt necessary for y e same whosoeuer they be lyeng betwen your said citie y e high see further to do make al other thinges requisite necessary wherby y e said shippes botes and vessels may haue their sure course and recourse in the sayd ryuer to and from your sayd citie and there to charge and discharge the sayd gooddes and marchandises without let or disturbaunce of any person or persons gyuinge and payenge therfore vnto the lorde or lordes owner and owners of the soile where suche dyggynge and mynynge shal be in recompence and satisfaction of for the lande and grounde so to be dygged and myned after the rate of .xx. yeres purchase or els as moche for the same as shal be adiuged ordeyned and determined by the kynges iustices of assise in the countie of Deuon̄ for the tyme beyng the election libertie of which recompence and satisfaction so to be had to be at the choyce of the lordes and owners of the sayd landes and tenementes without any let denier vexation or trouble of the sayd lord lordes owner and owners or any other person or persons by sute in the law or otherwyse vpon peyne of forfayture of .xx. li. of lefull money of Englād for euery tyme that they or any of them do attempt the cōtrary therof wherof the one halfe shal be to our sayd soueraygne lorde and the other halfe to him or them that will sue therfore by action of det byll playnt or information in any the kynges courtes wherin the partie defendant shall not wage his lawe nor in the sayde action actions or sutes any essoyn licence nor protection shal be allowed And also gyuynge and payeng to the tenauntes fermers and occupiers of suche lande or grounde for suche hurte and losses as they or any of them shall susteyne and haue by the same as moche as shal be assessed adiuged and determined by the sayde iustices of assises in the sayde countie of Deuon̄ for the tyme beynge or by suche persons as by them shal be assigned and deputed for the same The sayde recompence and satisfaction as well concerninge the lordes and owners of the sayde lande ground as to the tenantes fermers occupiers of the same to be payd by the maire bayliffes and comminaltie of the sayde citie for the tyme beynge and their successours within the space of sixe wekes next after the ratinge assessinge determininge of the same onles that the maire baylyffes and comminaltie of the sayd citie and their successours can otherwyse compounde or agree with the lordes owners tenantes fermers and occupiers of suche land and grounde or with any of them And in case it happen the Mayre bayliffes comminaltie of the sayd citie to make defaute of payement of the sayd recōpence and satisfaction and resist to pay the same as is before rehersed that than the lorde lordes owner owners tenauntes fermers or occupiers of suche lande or ground that is greued therwith and to whome the satisfaction and recompence ought to be payde shall may lawfully commence afferme or take his or their action of det by the course of the common lawe against the Mayre baylyffes commonaltie of the sayde cytie for the tyme being their successours for the recouery of the same in any countie within this realme at the will pleasure of the partie greued lyke proces thervpon to be had as in actions of det at the common lawe grounded vpō cōtract or specialties hath vsed to be had in the which actions of
famous memory kyng Henry the vii it was ordeined and amōgest other thinges enacted established that no man of what condition or degree so euer he be shuld take or cause to be takē the egges of any faucō goshauk or laner out of the nest vpon peyn of imprisonment by one yere further to fyne at the kynges wyl Not withstanding which estatute diuers ydel yll disposed persōs lytel or nothing regarding or fearing the pein in the same estatute cōteyned haue not desisted to take egges of faucōs goshaukes laners out of the nestes to y e vtter distructiō of thencrease of the same faucōs goshaukes laners if due reformatiō in that behalfe be not prouided In cōsideration wherof it is ordeined enacted by the kynge our souerayn lord the lordes spiritual tēporal the cōmons in this present parliament assembled by thauctoritie of the same y t yf any person or persons of what estate degree or conditiō so euer he or they be after the feast of the natiuitie of our Lady next cōming vnlaufully or wrongfully take or cause to be taken any egge or egges of any faucō goshauke or laner or the birdes of any Faucon Goshauke Laner or Laneret out of or frome any neste or nestes of any faucon goshauke or laner within any of the honors castels maners landes ten̄tes woddes or other groūdes what so euer they be of the kynges highnes for the time being wherof his said highnes is seised in demain possessiō or reuersiō or wherof he taketh the rētes issues reuenues or profitis that than the same offence and offences euery of them shall be adiudged and taken to be felony and the offender and offenders therin being therof laufully conuicted attainted by accordyng to the lawes of this realme shal be demed adiudged felons shal haue suffre such peynes of death and also lose and forfayte their goodes and cattalles landes and tenementes as in case of felony by the course of the cōmon lawes of this realme ¶ Prouided always that this acte or any thing therin before ordeyned enacted extende not nor be in any wise preiudicial or hurtful to any person or persons whiche after the sayd feast of the natiuitie of our lady shal take or cause to be taken any egge or egges of any faucon goshauke or laner or the byrdes of any faucon goshauke laner or lanerette out of or from any neste or nestes of any faucon goshauke or laner within any honours castelles manours landes tenementes woddes or other groundes wherof or wherin any person or persons bodies politike corporate other than the kynges highnes his heires and successours or any of them than shal haue any estate of inheritaunce any thyng before expressed or mencioned to the contrary therof not withstandynge ¶ AND be it further enacted by the auctoritie aforesayd that yf any person or persons after the sayd feast of the Natiuitie of our lady happen to fynd and take vp any faucon gerfaucon Ierkin sacre or sacret goshauke laner or laneret beynge the kynges hauke or haukes hauyng vpon hym or them the marke of the kynges armes and veruels that then if the same personne or persones whiche shall fynde and take vppe any suche faucon gerfaucō ierkyn sacre or sacret goshauk laner or laneret within .xii. days next after the takynge vp of any suche hauke do not brynge or cause to be brought the same hauke so by hym taken to the maister of the kinges haukes or to some of his gracis fauconers or within the tyme next abouesaid do not gyue knowlege of the takyng vp of any such hauke to the said maister of the kynges haukes for the tyme beyng or to the shireffe of the shire for the tyme beyng where any suche hauke shall be taken vp or to oone of the kynges fauconers for the tyme beynge nere abydyng in or to any such partes where any such hauke shal be founden and taken vp as is aforsaid that than euery suche fyndynge and takynge vp of any suche hauke not bryngyng nor gyuyng knowlege therof as is afore sayd shal be adiuged taken to be felony and the offender and offenders therin being therof laufully cōuicted and atteynted by accordynge to the lawes of this realme shall haue and suffre suche peynes of deth and also lose and forfayte his their goodes and catalles landes and tenementes as in case of felonye by the course of the common lawes of this realme ¶ Prouyded alwayes that this acte nor any thynge therin cōteyned be or shal be in any wyse preiudiciall or hurtfull to any person or persones that hereafter shall fynde and take vp any of the sayd haukes of the kynge our souerayne lord his heires or successours by chance negligently or casually agaynst his or their wyll lose the same hauke or haukes or if the same hauke dye ayenste his or theyr wyl before they can or may delyuer the same hauke as is aforesayd ¶ And where also iustyce and equitie requyreth that euerye inheritour possessour or manours landes or tenementes within this realme of Englande shuld accordyng to their estates or possessions peasibly and quietely haue take and enioy the profites reuenues and cōmodities of the same as well in thynges of hygh pleasure as in thynges commonly valuable with out iniurie rapine or other extorte wrong to be committed and done to any of them within or vpon the same in especial of in thinges of plesure as in hunting within forest parke or chace of the kynges the quenes the princis or of any other of the kynges laufull chylderne for the tyme beyng ordeyned and prouided for or concernyng his hyghnes or their pleasure Be it therfore ordeyned and enacted by thauctoritie of this present parliamēt that yf any person or persons of what estate degree or condicion so euer he or they be after the sayd feast of the Natiuitie of our lady next commynge at any tyme of the day that is to say betwene the tyme of the arysing of the sonne and goynge downe of the same with his face hydde or couered with hode or vysar or with his face peynted or hymselfe otherwyse disguised to th entēt that he wold not be knowen wrongfully enter into any forest park or chace of the kynges highnes the quenes the princis or of any other of the kynges said chyldern for tyme beyng or into any other grounde of his or theirs inclosed with walle or pale ordeyned and vsed for keping and norishing of dere to th entent to steale any of the same dere and by any meane of huntynge or otherwyse as is aforesaid by stealthe flee or take any of the same dere or dryue or chace any of them out of the same forest chace parke or other ground inclosed as is aforesaid ordeyned and vsed for kepyng nourishing of dere as is aforsaid to th entent to steale the same dere Or yf any person after the sayd feast last
his or their feales vnto any one of the sayd commissioners to be appointed as is aforesayde within the lymittes of whose commission the heresies felonnies contemptes and offences whereof any suche presentement inditement infourmation or accusation shal be taken or had as is aboue written shal be committed done perpetrate And yf any person or persons which here after shall happen to take any suche accusation infourmation presentment or recognisaunces as is aboue saym ●●do ake defalte of the certificat therof contrary to the fourme aboue reheedsr that than euery person and persons so offendynge shall forfayte to our soueraygne lorde the kynge for euery suche defalte .x. li. ¶ And it is further enacted by the authoritie aboue sayde that the sayde commissioners or thre of them at the least as is afore sayde by vertue of this act and their commission shal haue ful power and authoritie to make lyke processe against euery person and persones indyted presented or accused in forme as is aboue remembred as is vsed accustomed in cases of felony that as well within the limittes of their commission as into all other shyres and places of the realme Wales and other the kynges dominions as wel within lyberties as without and the same processe to be good and effectuall in the lawe as in cases of felony And vpon the appearance of any of the offendours shall haue full power and authoritie by vertue of this acte and the sayde commission to heare and determyne the foresayde heresies felonies contemptes and other offences accordynge to the lawes of this realme and theffectes of this acte ¶ And it is also enacted by the authoritie abouesayde that euery of the sayd commissioners vpon any suche accusation presentement or information shal endeuour him selfe effectually without affection drede or corruption to apprehende take the offendours after the apprehension of any suche offender or offenders shall haue full power authoritie to committe them to warde And that the sayd cōmissioners or two of them at the least shall haue full power and authoritie to let any person or persones so accused or presented vpon sufficient suerties by their discretions to bayle for their apparaunce to be tried accordinge to the tenour fourme and effecte of this acte ¶ And further it is enacted by the authoritie aboue sayde that yf any person or personnes whiche hereafter shal be named and assigned to be commissioner or commissioners as is abouesayd be accused indited or presented of or for any the offences aboue written that than all and euery suche commissioner or commissioners so accused indyted and presented shal be examined put to answere and tryed of and vpon any such offence accordyng to the tenour and effecte of this acte before such other person or persons as it shal please the kynges highnes to name assigne and appoynt by his gracis commission to heare and determine the same ¶ And it is further enacted by the authoritie aboue sayde that no persone nor persons which at any tyme hereafter shal be accused indited or presented as is aboue sayde shal be admitted to the chalenge of any person or personnes which shal be empanelled for the triall of his or theyr offence for any matter or cause other thā for malice or enmitie Which chalenge shal forthwith be tried in lyke maner as other chalenges be vsed to be tried in cases of felonye ¶ And it is further enacted by the authoritie aboue sayde that all foreyne plees triable by the countreye whiche at any tyme hereafter shal be pleaded by any person or persons hereafter to be arrayned or put to aunswere vpon any accusation inditement or presentement of or for any of the offences aboue specified or of or for any of them shal be tried before the same cōmissioners afore whom such person or persones shall be arrained or put to aunswere and by the iurours that shall trie the sayde offence or offences without any further respyte or delay ¶ And it is further enacted by the authoritie aboue sayde that all Mayres sheryffes frowardes baylyffes of liberties gaolers and other officers and ministers of what name degree or condicion so euer they be and euerye of them shall frome tyme to tyme truly and diligently receyue serue all all maner the proces preceptes and commaundementes to them or any of them by the sayde commissioners or any of theym to be made gyuen or directed touchinge or concernynge the premisses or any patrell therof and shal also frome tyme to tyme be obedient and attendaunt vnto the sayde commissioners for the tyme beynge for the due execution of this present act or of any thinge therin conteyned ¶ And it is also enacted that euery personne whiche shall be named to be commissioner in the sayde commission after that he hath knowlege therof shall effectually put his diligence and attendance in and about the execution of the sayde commission And before that he shall take vpon him thexecucion of the same commission shall take a corporall othe before the lorde chācellour of Englande for the tyme beynge or before him or them to whome the sayde lorde chauncellour shall directe the kynges writte of Dedimus potestatem to take the same The tenoure of whiche othe here after ensueth ¶ Ye shall swere that ye to your counnynge wytte and power shall truely and indifferently execute the authoritie to you gyuen by the kynges commission made for correction of heretikes and other offendours mencioned in the same commission without any fauour affection corruption drede or malece to be borne to any personne or personnes as God you helpe and all sainctes And in case that any of the sayde persones named to be commissioners refuse to take the sayde othe or willyngly absent or aloigne him selfe frome the takynge of the sayde othe than euery suche personne so offendinge and the same offence extreted or certified into the kynges eschequer by the sayde lorde chancellour or by him or them to whome any suche writte of Dedimus potestatem as is afore sayde shal be directed shall forfayte and loose to oure sayde soueraigne lorde the kynge for euery tyme so offendinge fyue markes of lawful money ¶ And it is also enacted by the auctoritie aboue fayde that the sayde commissioners and euery of them shall frome tyme to tyme haue full power authoritie by vertue of this acte to take in to his or their kepynge and possession all and all maner of bokes which bene and hathe bene or hereafter shal be setforth red or declared within this realme or other the kynges dominions wherin is or bene conteyned or comprised any clause article mattier or sentence repugnant or contrary to the tenour fourme or effect of this present act or any of the articles conteyned in the same And the sayd commissioners or thre of theym at the least to burne or otherwyse destroye the sayde bokes or any part of them as vnto the sayde commissioners or vnto thre of them at the least shal be thought expedient by their discretions ¶ And it is also enacted by the auctoritie abouesayde that euery person vicar curate or parysh priest of euery parysh churche within this realme or other the kynges dominions or his or their deputie vpon the sonday next after the first daye of September next ensuynge and so from thensforth ones in euery quarter of the yere at the least shall openly playnely and distinctly rede this present acte in the parysh churche where he is person vicar curate parysh priest or deputie vnto his or their paryshens than assembled togither to heare diuine seruice And that euery suche persone vicare curate or parysh priest makynge defaulte of redinge this act contrary to the fourme afore sayde shall forfayte vnto oure sayde soueraygne lorde his heyres or successours for euery suche defaulte .xl. s. sterlyng Sauynge to all singular person and personnes bodyes polytike and corporate their heires and successours and to the heyres and successours of euery of them other than all and singular suche person and persons that shal be hereafter conuicted or atteynted of or for any of the offences or contemptes aboue specified their heyres and successours and the heyres and successours of euery of them all such right title clayme interest entree possession rentes reuercions fees annuities commons offices profyttes and demaundes what soeuer as they or any of them haue or than at the tyme of the sayde conuiction or atteynder had shal haue of in or to any honours castels lordeshyps manours landes tenementes liberties franchesies aduousons and other hereditamētes which any suche person or persons beynge so conuicted or atteynted as is afore sayde had or were intitled to haue at the tyme of their offence or offences committed or at any tyme after that in as ample maner fourme and condition to al intentes constructions and purposes as yf this act had neuer be had nor made any thinge conteyned in this acte to the contrary in any wyse not withstandinge ¶ Prouyded alwaye that the lordes shall not haue ne clayme any eschetes of any offendour or offendours that shal be iudged to be burned by auctoritie of this act ¶ And bycause dispucions and doubtes myghte perhappis ryse hereafter vpon these wordes in this acte that is to saye Aduisedly made to God Be it therfore prouided and enacted by auctoritie afore sayde that these wordes in the acte that is to saye aduysedly made to God for vowes of chastitie or wydowhed shal be all onely taken expounded and interpreted to bynde suche person or persons and none other sauynge priestes to by the same which at the tyme of any of their so vowinge beynge therto admitted were or shal be of the age of .xxi. yeres or aboue and then dyd or do consente submitte them self or condiscende to the same and continue or continued in obseruation of it any whyle after Oneles any suche person or persons doo or can duely proue any vnlawfull cohercion or compulsion done to them or any of them for makynge of any suche vowe GOD SAVE THE KYNGE Londini in aedibus Thomae Bertheleti typis impress Cum priuilegio ad imprimendum solum ANNO M. D. XXXIX ARMA REGIS ANGLIE ET F