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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
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
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