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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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woman or kepe her as his concubyne as by payenge for her bourde maynteyning her with money array or any other gyftes or meanes to the yuell example of other persones that than euery suche offender beinge therof duely conuicted or atteynted by the lawes mencioned in this act shall forfayt and lose all his goodes and cattalles benefices prebendes and other spiritual promotions and dignities and also shall haue and suffre imprisonment of his body at the kynges wyl and pleasure And that euery of the sayd benefices prebendes and other promotions and dignities shall be to all intentes and purposes vtterly voyde as if the sayd offender had resigned or permuted And if any suche offender or offenders at any tyme after the sayde conuiction or atteynder eftesones committe do or perpetrate the sayd offences or any of theym next afore rehersed and be thereof dewely conuicted or attaynted by the lawes aforesayde that than all and euerye suche offence and offences shall be demed and adiudged felonye and the offender or offenders therein shall suffer peynes of deathe and loose and forfayte all his and theyr goodes landes and tenementes as in cases of felonye without hauynge any benefytte of clergie or saynctuarie ¶ And be it farther enacted by the auctoritie aforesaide that those women with whome all and singular of the foresayde priestes shall in anye of the forsayde wayes haue to do with or carnally know as is afore sayde shall haue lyke punishment as the priestes ¶ And be it further enacted by the auctoritie aboue sayde that yf any personne or personnes at any tyme hereafter contempne or contemptuouslye refuse denye or absteyne to be confessed at the tyme commonly accustomed within this realme church of Englād or cōtēne or contemptuously refuse deny or absteyne to receyue the holy and blessed sacrament aboue sayd at y e tyme commonly vsed and accustomed for the same that than euery suche offender beynge therof duely conuicted or atteynted by the lawes vnderwritten shall suffre suche imprisonnement and make suche fyne and raunsome to the kynge our souerayne lorde and his heyres as by his hyghenes or by his or their counsell shal be ordered and adiuged in that behalfe And yf any suche offendour or offendours at any tyme or tymes after the sayde conuiction or atteynder so had do eftsones contempne or contemptuously refuse denye or absteyne to be confessed or to be communicate in maner and fourme aboue wryten and be therof duely conuicted or atteynted by the lawes vnderwriten that then euery suche offence shal be demed and adiuged felonye and the offendour or offendours therin shal suffre peynes of death and lose and forfayte al his and their goodes landes and tenementes as in cases of felony ¶ And for full and effectuall execution of the premisses before deuised ordeyned and enacted by this act Be it furthermore enacted by thauthoritie of this present parliament that immediatly after the sayde xii daye of Iuly next comminge sondry commissions shal be made from tyme to tyme into euery shere of this realme and Wales and in and to suche other places within the kynges dominions as shall please his maiestie to be directed to the archebysshop or bysshop of the dioces and to his chauncellour or commissary and to suche other persons as shal be named by his hyghnes or by suche other as his maiestie at his pleasure shal appoynt to name the same which archbyshop or byshop his chauncelour or commissary and other persons so to be named or thre of them at the least wherof the archebysshop or bysshop or his chauncelour or commissary to be one shall holde and kepe their sessions within the lymittes of their commission foure seuerall tymes of the yere at the leaste or oftener yf they shall thinke it expedient by their discrecions and shall haue power and authoritie by vertue of this act and their sayd commission as well to take infourmation and accusation by the othes and depositions of two able and lawfull persons at the least as to enquire by the othes of .xii. men of all and singular the heresies felonies contemptes and other offences aboue writen committed doone or perpetrate within the lymittes of their cōmission And that euery such accusation infourmation conteyning the matier names surnames dwellyng places of y e offenders the day yere place coūtie whā wherin their offences were committed shal be of as good force and effect in the lawe as yf the matier therin conteyned had bene presented by verdite of .xii. men ¶ And neuerthelesse it is further enacted that euery of the sayde archebysshops and bysshops and euery of their chauncellours commissaries archediacons and other ordinaries hauynge any peculiar ecclesiasticall iurisdiction within this realme or in Wales or in any other the kynges dominions shall haue full power and authoritie by vertue of this acte aswell to enquire in their visitacions and Sesus as there els where within their iurisdictions at any other tyme or place to take accusations and informations as is aforesayde of the heresies felonies contemptes and offences aboue mencioned done committed or perpetrate within the lymittes of their iurisdiction authorities And that euery suche accusations infourmation and presentment so taken or had as is afore sayde shall be of as good force and effect as yf the matier therein conteyned had bene presented before the iustices of peace in their sessions And alsoo that iustices of peace in their sessions and euery steward vndersteward and deputie of steward of any lete or lawedaye in their lete or lawedayes shall haue lyke power and authoritie by vertu of this act to enquire by the othes of .xii. lawfull men of al and singular the heresies felonies contemptes and other offences aboue written done perpetrate or committed within the lymittes of their commissions and authorities ¶ And it is also enacted by the authoritie afore sayd that euery suche personne or personnes afore whome any presentement infourmation or accusation shal be made taken as is afore sayd shall examine the accusours what other wytnes were by and present at y e tyme of doynge and committinge of the offence wherof the enformation accusation or presentement shal be made and howe manye other than the accusours haue knowledge therof And shall haue power and authoritie to bynde by recognisaunce to be taken afore them as well y e sayd accusours as all suche other persons whome the same accusours shall declare to haue knowlege of the offences by theym presented or enfourmed euery of them in .v. li. to the kynge our soueraygne lorde to appeare before the commissioners afore whome the offendour or offendours shal be tried at the daye of the tryall of suche offendours And that all and singular indifementes presentmentes accusations informations and recognisaunces taken and had as is aforesayde within .xx. dayes next after the takyng of the same shal be certified in due forme by wrytinge vpon parchemyn by the taker or takers thereof vnder
a laufull excuse than the said chancellours to awarde out another proclamation vppon allegeance of the same offender for the due examination triall and conuiction of euery suche person persons as shall offend contrary to this acte for the due execution to be had of and for the same in maner and forme as is aboue remembred Except it be within the libertie of the countie palatine of the duchy of Lancaster And in case it so be than to passe by the chācellor of the kinges duchy of Lancaster vnder y e seale of the said duchy with the assent of .vi. at the least of the afore named coūcellours ¶ Be it also further enacted by thauctoritie aforesayd y t yf any person or persons do cōmitte any offence contrary to the forme effecte of this acte and after the same offence done or cōmitted do obstinately willingly or cōtemptuosly auoyde and depart out of this realme for and to th entent that he wyl not answere to suche offence or offences by hym cōmitted and done contrary to this acte that than euery such wylfull and contemptuous person auoydynge or departynge out of this realme shal be adiudged a traytour and his facte high treason and shall haue and suffre suche peynes of death and also forfayte goodes and cattals landes and tenementes as in case of high treson Sauyng to al singular person persons bodies politik corporat their heires successors to the heires successours of euery of them other than such person and persons their heyres and successors and the heires and successours of euery of them that shal offend contrary to this act and thervpon obstinatly willingly or contemptuously auoyde departe out of this realme as is aforesayde all suche righte title vse intereste rentes reuersions remainders lease leases grauntes annuities offices commons profittes commodities and other hereditamentes what so euer in to all and syngular suche honours castels manours landes tenementes and other hereditamentes whiche any suche offender or offenders shall haue at the tyme of his or their offence or offences of treason committed or at any tyme after in suche lyke maner fourme and condicion to all intentes cōstructions and purposes as if this acte had neuer ben had or made any thyng conteyned in this acte to the contrary in any wyse not withstandyng ¶ And it is further enacted by y e auctoritie aforesayd that yf any person or persons offendyng contrary to this acte do wyllyngly and contemptuously withdrawe absent eloyne or secretly hyde hym selfe within any parte of this realme or any of the kynges dominions by the space of two monethes next after any writ of Proclamation shal be made directed proclaymed against hym or them as afore is rehersed and therof by any conuenient or reasonable meane may haue knowlege so that by eloynyng of hym self his offence can not be examined tried and iudged within the sayd tyme of .xviii. monethes that than euery suche person and persons so offendinge shall stande and be as a person conuicted of thoffences againste him obiected and also lose and pay all and euery suche forfayture summes of money and also suffer suche imprisonment as to the same offence shall appertayne ¶ And be it further enacted that yf it happen our sayde soueraygne lorde the kynge to deceasse whose lyfe God longe preserue before suche tyme as that person which shal be his next heyre or successour to the imperiall crown of this realme shall accomplyshe and come to the age of .xviii. yeres that than all and syngular proclamations whiche shal be in any wyse made and setforth into any parte of this realme or other the kynges dominyons by vertue of this acte within the foresayde yeres of the sayde next heyre or successour shal be setforth in the successours name than being kynge and shal importe or beare vnderwritten the full names of suche of the kynges honorable councell than beinge as shall be the diuisours or setters forthe of the same whiche shall be in this case the hole nomber afore rehersed or atte the least the more parte of theym or elles the proclamations to be voyde and of none effecte ¶ Prouyded also that yf any Proclamation or Proclamations hereafter shal be directed by vertue of this acte to the iustices of the peace of any shire or countie that then within .xiiii. dayes after the recept therof the same iustices shall and may by their discretions diuide them selfes in sondrye partes and places within the limytes of their commission for the due and spedye execution of the contentes of the same proclamation or proclamations and they and euery of them doynge or causynge to be done with conuenient spede in their sondry lymittes as moche as in theym reasonable doth lye or rest to be done for the dewe and spedy execution of the same proclamation or proclamations than euery such of the same Iustices as so shall do his diligence or as moche as in him reasonable resteth to be done shal be discharged and exonerated against the kynges highnes his heyres and successours of and for euery penalitie or peyne limitted and appointed by the same proclamation to euery of the same iustices ¶ Prouided also that no iustices of peax shal be charged hereafter by vertue of any such proclamation with or for any peyne or penalitie for not doynge or executinge of the same proclamations but onely in the shyre or coūtie where any such iustices of peace shall or do inhabyte dwell or be moste conuersant or abydinge ¶ Prouided also that the forsayd counsaylours appointed or to be appointed by vertue of this act or any parte thereof by the kynges hyghenes his heyres or successours to and for the hearing and determination of euery offence committed contrary to any of his or their proclamation or proclamations shall from tyme to tyme knowing the kynges determinate pleasure first therin haue full power and auctoritie to diminishe or mitigate the penalties of the somme or sommes of money which shal be conteyned in any of the sayde proclamatiōs hereafter to be made by the kynges hyghnes his heyres or successours ¶ An act auctorisinge the kynges hyghnes to make byshops by his letters patentes Cap. ix FOr as moch as it is not vnknowen the slouthfull and vngodly lyfe which hath bene vsed amonge al those sort whiche haue borne the name of religious folke and to thintent that from hensforth many of them might be turned to better vse as hereafter shall folow wherby goddis worde myght the better be set forth children brought vp in lerninge clerkes norished in the vniuersities old seruauntes decayed to haue lyuinges almes houses for pore folke to be susteyned in reders of Grece Ebrew and latine to haue good stipende dayly almes to be ministred mendinge of hye wayes exhibition for ministers of the church It is thought therfore vnto the kynges hyghnes most expedient and necessary that mo byshoriches collegiall and cathedrall churches shal be establysshed in stede of these