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 theÌ„ 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 coÌ„dition 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 coÌ„cernyng 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 proclamatioÌ„s 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 coÌ„mitted 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 WestmÌ„ 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 suÌ„mes of money to be leuied of his or theyr landes tenemeÌ„tes 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 proclamatioÌ„s 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 couÌ„ties 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 ê“claclamation or proclamatioÌ„s be had done or made in such shire or countie where thoffender hath or shall dwell or be most coÌ„uersant 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 informatioÌ„ 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
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
⧠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
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
Downe and other the tenauntes aboue named and to all other persones beinge freeholders within the sayde Chace and to euery of them their heires and assignes to felle cutte downe and carye away at all tyme and tymes hereafter at his or theyr pleasure all and parcell of his or theyr woddes groues copies and sprynges growynge and beinge within the sayde chace without lycence of the kynges highnes his heires or successours or of any offycer within the sayde chace and without lette and interruption of the same officers or any of them And also that it shal be laufull to the sayde syr Rycharde Page Thomas Hennage Iohn Carleton Iohn Agmondesham Thomas a Downe and other the tenantes aboue named and all other persons as well freeholders as copye holders as customarye tenauntes within the lymittes of the sayde chace and to euery of them their heyres and assygnes at all tyme and tymes hereafter to make the hedges and fences aboute their corne growynge vppon their owne grounde within the sayde chace at theyr owne wylle and pleasure to kepe out the dere therof durynge all suche tyme onely as the corne shall growe vpon the same grounde And that the officers of the said chace durynge the same tyme shall suffre the same hedges and fences to stande and to remayne to th entent abouesayde And after euery suche time as the corne shall be serued and caried awaye it shall be laufulle to the offycers of the sayde chace to make dere leapes and breakes in the sayde hedges and fences for and to the entente that the dere maye haue course and recourse into the grounde where the corne was sowen for their feedynge durynge all suche tyme as the same landes shall be and remayne vnsowen And in consyderation thereof our sayde soueraygne lorde the kynge for hym his heyres and successours is pleased and contented that his and theyr offycers of the reuenues within the limittes of the same chace shall yerely for euer at euery payement defalke allowe and deducte the thyrde parte of the free rente that euerye freeholder oughte to paye for theyr seueralle freeholdes within the lymyttes of the same Chace And alsoo the kynges hyghenesse is pleased and contented that where any customarye tenaunt or tenauntes hauynge any estates of inherytaunce in any customarye landes or tenementes within the said chace after the custome of any maner there wherof the same customary landes or tenementes beinge holden for the whyche customarye landes or tenementes the next heire of euery suche customarye tenaunt after the deathe of his auncestour by and accordynge to the same custome ought to paye fyne in euerye suche case the kynges officers of the reuenues within the sayde Chace shall defalke deducte and allowe to the nexte heire of euery such tenant dieng seised of any customary landes or tenementes within the lymittes of the sayde chace the moytie or halfe of euery suche fyne that he by the sayde custome ought to paye for his landes there the same fyne to be rated and assessed after the rate of the fyne that the same tenaunt soo dienge seysed laste payde to the lorde therof for the same landes or tenementes and not otherwise And that the moytie of euerye suche fyne be conteyned in euery copye that hereafter shall be made to any suche tenaunte by the offycers of the courtes of euerye suche manour within the lymittes of the sayde Chace And the sayde syr Rycharde Page Thomas Hennage Iohn̄ Carleton Iohn Agmondesham Thomas a Downe and other the tenauntes and freeholders of the sayde lordeshyppes manours townes and vyllages of Estmulsey Westmulsey Walton Esher Weybridge and parte of Cobham doo couenant and graunte and euery of theym for hym and his heyres couenanteth and graunteth to and with our sayde soueraygne lorde the kynge his heires and successours that they and all other the tenantes and freholders within the lymittes of the sayde chace and euery of theym shall at all tymes hereafter stande to obey perfourme and kepe within the sayde chace all and syngular suche lawes ordynaunces penalties fynes and amercyamentes as appertayne to a chace and all suche as hereafter shall be prouided or made by any lawe or statute concernynge the preseruation or mayntenaunce of the sayde chace excepte and onely reserued to the sayde tenauntes all suche liberties and commodyties before by these presentes vnto theym appoynted and lymitted within the sayde chace In wytnesse whereof our sayde soueraigne lorde the kynge to the one parte of these presente Indentures remaynynge with the sayde freholders and customarye tenauntes hath caused his greate seale of Englande to be putte and to the other parte of the same Indentures remaynynge with our sayde soueraygne lorde the kynge the sayde freeholders and customarie tenauntes as well for them selfe as in the name of all other tenauntes and inhabytantes within the lymites of the sayde chace haue putte to their seales the daye and yere aboue wrytten Be it therfore enacted by auctoritie of this present parlyamente that the sayde indenture shall persiste continue abide good effectual and in full strength and vertue according to the word tenour and effect therof And that the kynge our soueraine lord his heyres and successours for euer shall haue enioye their liberties priuileges cōmodities plesures of fre chace and warren for all maner of beastes of venery foules of warē within vpō the said townes villages parishes of Estmulsey Westmulsey Walton Esher Weybridge and part of Cobhā and in all other places and groundes lyenge or beynge within the procinctis lymites and boundes of the sayde Territorie or grounde lymitted and assigned by the sayd Indenture for the sayd chace and warren And that the same Territory or grounde shal be called named and knowē by the name of Hampton court chace And that all and singular transgressours and offendours taken knowen or proued to haue committed or doone any maner of offence within or vpon the sayd chace or warren contrary to the fourme or effect of any part of the sayd indenture shall incurre and fall into lyke daungers penalties and forfaytures as any other lyke offendours committinge or doynge any wronge trespas or offence in anye other forest or chace within this realme may do or shall do ¶ And furthermore be it enacted that our sayd soueraygne lord the kyng his heyres and successours at his and their libertie and pleasur may make constitute and assigne suche and as many officers ministers and kepers in for and vpon the sayde chace and warren as to him or them frome tyme to tyme shall be thoughte behouefull conueniente and necessarye And that all and syngular lawes actes and statutes heretofore made concernynge the kepynge nourysshynge encreace and supportation of anye of the forestes chaces and warrens of this realme or anye of theym or towchynge or concernynge directions corrections penalties refourmations or punysshementes for anye maner of offences doone or committed within anye suche forestes chaces or warens shall be frome
the sayde personages appropriate tithes pencions and portions as the sayde monasteries abbathies priories nonries colleges hospitalles houses of friers and other religiouse and ecclesiasticall houses and places sites circuites procinctes manours meses landes tenementes and other hereditamentes what so euer they be and euery of them accordynge to theyr estates and titles dyscharged and acquieted of payment of tythes as freely and in as large and ample maner as the sayde late abbottes priours abbesses prioresses and other ecclesiastical gouernours and gouernesses or any of them hadde helde occupied posseded vsed reteyned or enioyed the same or any parcell therof at the days of theyr dissolution suppressyon renuncynge relynquishynge forfaytynge gyuynge vppe or comminge to the kynges highnes of such monasteries abbathies priories nunries colleges hospitals houses of friers or other religious or ecclesiasticall houses or places or at the day of the dissolution suppressyon renuncyng relinquishynge gyuyng vp or commynge to the kynges hyghnesse of any of them this acte or any thyng therin conteyned to the contrary not withstandyng ¶ Sauynge to the kynges hyghnes his heyres and successours all and all maner of rentes seruices and other dueties what soo euer they be as yf this acte had neuer ben had nor made ¶ And be it further enacted by actoritie of this present parlyament that suche of the sayd late monasteries abbathies priories nunries colledges hospytals houses of fryers and other religious and ecclesiasticall howses and places and all churches and chapels to theym or any of theym belongynge which before the dissolution suppression renouncyng relinquishing forfayting gyuyng vp or cōmyng vnto the kinges highnes were exempted from the visitation or visitatiōs and all other iurisdiction of the ordinary or ordinaries within whose diocesse they were sytuate or sette shall frome hensforth be within the iurisdiction and visitation of the ordinarie or ordinaries within whose diocesse they or any of them be situate and sette or within the iurisdiction and visytation of suche persone or persones as by the kynges highnes shall be limited or appoynted This acte or any other exemption libertie or iurisdiction to the contrary not withstandynge ¶ And where before this tyme it hath pleased the kynges maiestie atte the contemplation and humble peticion of the ryghte noble Thomas duke of Norf. to gyue his royall assent and lycence by his gracis worde without any maner of lettres patentes or other writyng to purchase and receyue to hym to his heires for euer of Wylliam Flatbery late abbot of the monasterye of Sipton in the countie of Suff. and couente of the same late monasterie nowe beynge dissolued all the same monasterie togyther with all and syngular manours lordeshyppes landes tenementes woddes waters commons courtes letes aduousons patronages personages vycarages chauntries free chapelles tithes portions of tithes pencions annuities rentes suites seruices reuersyōs remaynders and all other thynges whiche were the hereditamentes or the possessions of the sayde late monasterye where so euer they laye or were within the realme of Englande And in lykewyse oure sayde soueraygne lorde gaue lyke lycence by his gracis worde vnto the ryghte honourable George lorde Cobham to pourchase and receyue to hym to his heires for euer of the late master and bretherne of the colledge or chauntrie of Cobham in the countie of Kent nowe beynge vtterlye dyssolued the site of the same colledge or chauntrie and all and syngular theyr hereditamentes and possessions as well temporall as ecclesiastical where so euer they lay or were within the realme of England Be it therfore enacted by thauctoritie of this present parlyament that the acte aboue wrytten or any thynge therein conteyned shall not be in anye wyse preiudiciall or hurtfull to the sayde Duke and lorde Cobham or to eyther of them or to the heyres or assignes of eyther of theym but that the same duke and lord Cobham and eyther of them sondryly and the heyres assygnes of eyther of them shall and may haue holde receyue and enioy the premisses by them sondrily purchased or receyued accordyng to the purportes and effectes of such euidēces writinges and cōueiances as they or any of them sondrily haue caused to be deuised and made to theym or to theyr vses for the same Sauynge alwaye and reseruynge to all and syngular persons and bodies polityke and to their heyres successours other than the sayde late abbotte and couent and theyr successours and the sayde late maister and bretherne and theyr successours and the founders of the same monasterie or of the sayde college or chauntrie and the heires of eyther of them and all donours graunters or augmenters of them or of eyther of them and the heires and assignes of either of them all suche rightes titles possessions rentes seruices fees offices annuities corrodies lyueries leases al other their such interesses profites cōmodities as they or any of them had shulde or ought to haue of to or in any of the premisses sondrily pourchased or receyued by the sayde duke or lorde Cobham it this presente acte had neuer ben had or made any thynge in the same acte to the contrary beinge in any wyse not withstandynge AN ACTE FOR ABOLISHYNGE OF DIVERSITIE OF OPINIONS IN CERTAYNE ARTICLES CONCERNINGE CHRISTEN RELYGION CAP. XIIII WHERE THE KYNGES MOST excellent maiestie is by gods law supreme heed immediatly vnder him of this hole churche and congregacion of England intendinge the conseruation of the same churche and congregacion in a true syncere and vniforme doctrine of Christes religion callyng also to his blessed and most gracious remembraunce aswel the great and quiet assurance prosperous increace and other innumerable commodities whiche haue euer ensued come and folowed of Concord agreement and vnitie in opinions as also the manyfolde peryls dangers and inconueniences which haue heretofore in many places and regions growen spronge and ar rysen of the diuersities of myndes and opinions especially of mattiers of Christen religion And therfore desyring that suche an vnitie myght and shoulde be charitably establysshed in all thinges touchynge and concernynge the same as the same so beynge establysshed myghte chiefly be to the honoure of almyghtye God the verye authoure and fountayne of all true vnitie and syncere concorde and consequentlye redounde to the common welth of this his hyghenes moste noble realme and of all his louinge subiectes and other resiauntes and inhabitauntes of or in the same hathe therfore caused and commaunded this his mooste hyghe courte of Parlyamente for sondrye and manye vrgente causes and consyderations to be at this tyme sommoned and alsoo a Synode and conuocation of all the archebysshoppes bysshoppes and other lerned men of the clergy of this his realme to be in lyke maner assembled And for as moche as in the sayde parliament Synode and conuocation there were certayne articles matiers and questions proponed setforthe touchinge Christen religion that is to saye ¶ First whether in the moste blessed Sacrament of thaltar remayneth after the consecration the substaunce of bread and
so euer they be which any suche offender or offenders shall haue at the tyme of any suche offence or offences committed or done or at any tyme after as in any cases of hyghe treason ¶ And furthermore be it enacted by the authoritie of this present parlyament that yf any person or persons after the sayd .xii. day of Iuly preache in any sermon or collation openly made to the kynges people or reache in anye common schole or to other congregacion of people or beynge called before suche iudges and accordynge to suche fourme of the lawe as hereafter shal be declared do obstinately afferme vpholde maynteyne or defende that the communion of the sayde blessed Sacrament in bothe kyndes that is to saye in fourme of bred and also of wyne is necessary for the helthe of mans soule to be gyuen or ministred or ought or shulde be gyuen or ministred to any person in both kyndes Or that it is necessary so to be receyued or taken by any person other than by priestes beynge at Masse and consecrating the same Or that any man after the order of priesthode receyued as afore sayde maye marye or maye contracte matrimonye Or that any man or woman which aduisedly hath vowed or professed or shall vowe or professe chastitie or wydowhed maye marye or maye contract matrimony Or that priuate Masses be not lawfull or not laudable or shuld not be celebrated had nor vsed in this realme nor be not agreable to the lawes of God Or that Auricular confession is not expedient and necessarye to be reteyned and continued vsed frequented in the churche of God Or yf any priest after the sayde .xii. day of Iuly or any other man or woman whiche aduisedly hathe vowed or after the sayde daye aduisedly do vowe chastitie or wydowhed do actually marye or contract matrimony with any person that then all and euery person and persons so preaching teaching obstinatly affermynge vpholdynge maynteyninge or defendynge or makynge mariage or contract of matrimony as is aboue especified be and shal be by authoritie aboue writen demed and iudged a felon and felones And that euery offender in the same beynge therfore duely conuicted or atteynted by the lawes vnderwryten shall therfore suffre peynes of deth as in cases of felony without any benefyte of clergy or priuilege of church or sainctuary to him or her to be allowed in that behalfe And shall forfeyte all his or her landes and goodes as in cases of felony And that it shal be lawfull to the patrone or patrones of any maner of benefice which any suche offendour at the tyme of his sayde conuiction or atteyndre had to present one other incumbent thervnto as yf the same person so conuicted or atteynted had bene bodyly decessed ¶ Also be it enacted by the auctoritie afore sayde that yf any personne or persons after the sayde .xii. daye of Iuly by worde wryting printinge ciphringe or otherwyse than is aboue rehersed publysshe declare or holde opinion that the sayde communion of the blessed Sacrament in both kyndes afore sayde is necessary for the helth of mans soule to be gyuen or ministred in both kyndes and so ought or shoulde be gyuen and ministred to any person or ought or shoulde be so in bothe kyndes receyued or taken by any person other than by priestes beynge at Masse and consecratinge the same as is afore sayde Or that any man after the order of priesthode receyued as is afore sayde maye marye or maye make contract of matrimony Or that any man or woman which aduisedly hath made or shall make a vowe to God of chastitie or wydowhed maye marye or maye make contract of matrimony Or that priuate Masses be not lawfull or not laudable or shulde not be celebrated had nor vsed nor be agreable to the lawes of God Or that Auricular confession is not expedient and necessary to be reteigned and continued vsed and frequented in the church of God euery person beynge for any suche offence dewely conuicted or atteynted by the lawes vnderwriten shall forfayte lose to the kynge our soueraigne lorde all his goodes and catalles for euer and also the profytes of all his landes tenementes annuities fees and offices durynge his lyfe and all his benefices spirituall promotions shal be vtterly voyde And also shall suffre imprisonement of his body at the will and pleasure of oure sayde soueraygne lorde the kynge And yf any suche person or persones beynge ones conuict of any the offences mencioned in this article as is aboue sayde doo afterwarde eftsones offende in any of the same and be therof accused indited or presented and conuict agayne by authoritie of the lawes vnderwritten that then euery suche person and personnes so beynge twyse conuict and atteynted of the sayde offences or of any of them shal be adiudged a felon and felons and shall suffre iudgement execution and peynes of death losse forfayture of landes and goodes as in cases of felony without any priuilege of clergye or seynctuary to be in any wyse permitted admitted or allowed in that behalfe ¶ Be it further enacted by the authoritie aboue sayde that yf any person whyche is or hath ben a prieste before this present parlyament or durynge the tyme of sessyon of the same hath maryed and hath made any contracte of matrimony with any woman or that any man or woman whiche before the makynge of this acte aduysedly hath vowed chastitie or wydowheed before this present parlyament or durynge the session of the same hath maried or contracted matrimony with any person that than euery suche mariage and contracte of matrimonye shall be vtterly voyde and of none effecte And that the ordynaries within whose diocesse or iurisdictions the person or persons so maried or contracted is or be resident or abyding shall frome tyme to tyme make separation and deuorces of the sayde maryages and contractes ¶ And ferther it is enacted by the auctorite abouesaid that if any man whiche is or hath ben prieste as is aforesaid at any tyme from or after the sayd xii day of Iuly nexte commynge do carnally kepe or vse any woman to whome he is or hath ben maried or with whom he hath contracted matrymonye or openly be conuersant kepe companye and familiaritie with any suche woman to the euyll example of other persons euery suche carnalle vse copulation open conuersation kepyng of company and familiaritie be and shal be demed and adiuged felony as wel ayenst the man as the womā and that euery such person so offending shal be enquired of tried punished suffre lose and forfait al and euery thing and thinges as other felons made and declared by this acte and as in case of felony as is aforesayd ¶ Be it also further enacted by the auctoritie aforsayd not gyuyng aduantage or detriment to any article afore rehersed that if any man which is or hath ben priest or hereafter shall be at any tyme after the sayd .xii. daye of Iuly do carnally vse and accustome any
or any other thinge or thinges by reason of or for any former title right interest matier or cause had made done or growen to any respect or purpose before their sayd seuerall deraigmentes or departinges out of their religion Nor that any of the sayd religious persons beynge priestes or such as haue auowed religion at .xxi. yeres or aboue and therto then consented continuinge in the same anye whyle after not duely prouinge by wytnes or other lawfull meanes some vnlawfull cohercion or compulsion done to them or any of them for makynge of any suche vowe or constrayning them to remayne in their religion be enabled by vertu of any wordes clause or sentence before in this act expressed to marye or take anye wyfe or wyues but that they and euery of them be clerely excluded and put from the same to all intentes and purposes any thinge before in this acte conteyned to the contrary hereof in any wyse not withstanding ¶ An act concerninge the continuance of the statute for punishment of beggers and vacabundes and of certayne other statutes Capit. vii WHERE in the parliament begunne and holden at London the thirde daye of Nouembre in the XXI yere of the reigne of our most drad soueraygne lorde kynge HENRY the eyght from thense adiorned to Westm̄ and there holden and continued by dyuers prorogations vntyll the dissolution therof an act was made establysshed declaryng and concerning as well how aged pore and impotent persons compelled to lyue by almes shulde be ordered and vsed as also how vacaboundes and myghty stronge beggers shulde be whipped and punysshed and at the sayde parliament one other act was made and establysshed for the restreynt of carieng and conueyeng of horses and mares out of this realme and also at the sayd parliament one other act was made and establyshed for punyshment of Welshmen attempting assautes or affrayes vpon any the inhabitauntes of Hereford Gloucestre or Shropshire And also at the sayd parliamēt one other act was made and establyshed for punyshment of the vice of Buggery declaring suche offence to be felonye which sayd foure seuerall actes were also made to endure to the last daye of the next parliament as by the same foure seuerall actes more playnely appeareth And where also in the sayde parliament one other act was made ordeyned amonge other thinges for restrayning the cariage of brasse laten and coper out of this realme And also one other act was there made in the sayd parliament for the true makynge of cabels halsers and roopes And also one other act for the true wyndynge of wolles And one other act to restreyne kyllyng of weynlynges bullockes steres or heffers beynge vnder y e age of two yeres which sayd foure seuerall actes last before remēbred were than made to endure and continue vnto the next parliamēt as by the same foure seuerall actes more playnely appeareth And where also in the sayde parliament one other acte was made and establyshed for the atteyntes to be sued for punyshement of periury vpon vntrue verdytes And also one other acte was there made in the sayde parliament concernynge peauterers And also one other acte was there made in the sayde parliamēt concerning sowinge of flaxe and hempe all which sayde thre seuerall actes laste before rehersed were then made and ordeyned to continue and endure to the laste daye of the next parliament as by the same thre seuerall actes more playnly at large is shewed and maye appeare And where also in the sayde parliament one other acte was made and establyshed for makynge of iayles in dyuers shyres of this realme whiche same acte was then made to continue endure for one yere next after th ende of the same parliament as by the same acte also more playnely appeareth And where also in the parliament begon and holden at Westm̄ the .viii. daye of Iune in the XXVIII yere of the raygne of our sayde most drad soueraigne lorde kynge HENRY the VIII and there continued and kept vntyll the dissolucion therof it was ordeyned and enacted that all and singular the sayde seueral actes aboue remembred and euery of them shulde continue and endure in their force and strengthe and also be obserued and kept vntyll the last daye of the next parliament as by the same acte amonges other thinges therin conteyned more playnly appeareth And for asmoche as all and singular the sayde seueral actes aboue mencioned be good and beneficiall for the common welthe of this realme Be it therfore enacted and ordeyned by the auctoritie of this present parliament that all and singular the sayde seuerall actes and euery of them and all clauses articles and prouisions in them and euery of theym conteyned shall continue and endure in their force and strengthe and be obserued and kept vntyll the last daye of the next parliament ¶ An acte that proclamations made by the kynges hyghenes with thaduise of his honorable councell shal be obeyed and kept as thoughe they were made by act of parliament Capitulo .viii. FOr as moche as the kynges mooste royall maiestie for dyuers consyderations by thaduise of his counsell hathe heretofore set forth dyuers and sondrye his graces Proclamations as well for and concernynge dyuerse and sondrye articles of Christes religion as for an vnitie and concorde to be had amongeste the louynge and obedient subiectes of this his realme and other his dominions and also concerning th aduancement of his common welthe and good quiet of his people whiche neuer the lesse dyuers and many frowarde wylfull and obstinate persones haue wylfully contempned and broken not consyderinge what a kynge by his royall power may do and for lacke of a direct statute and lawe to cohart offenders to obey the sayd proclamations which beynge styll suffred shulde not only encorage offendours to the disobedience of the preceptes and lawes of almyghty God but also sund to moche to the great dishonour of the kynges most royall maiestie who maye full yll beare it and also gyue to great hart and boldnes to all malefactours offendours Consydering also that sodeyn causes and occasions fortune many tymes which do require spedy remedyes and that by abydinge for a parliament in the meane tyme mighte happen great preiudice to ensue to the realme and weyng also that his maiestie which by the kyngely and regall power gyuen him by God maye do many thinges in suche cases shulde not be dryuen to extende the libertie supremitie of his regall power and dignitie by wilfulnes of frowarde subiectes it is therfore thought in maner more then necessary that the kynges hyghnes of this realme for the tyme beynge with thaduise of his honorable councell shuld make and setforth proclamations for the good and politike order and gouernaunce of this his realme of England Wales and other his dominions frome tyme to tyme for the defence of his regall dignitie and thaduauncement of his common welth and good quyet of his people as the cases of necessitie shall requyre And that
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 â—â—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 coÌ„missioners 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 thaÌ„ 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 coÌ„missioners 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 chaÌ„cellour 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 hereditameÌ„tes 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