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.

¶An acte that proclamations made by the kynges hyghenes, with thad∣uise of his honorable councell, shalbe obeyed and kept, as thoughe they were made by act of parliament. Capitulo .viii. (Book 8)

FOr as moche as the kynges mooste royall maiestie for dy∣uers consyderations by thaduise of his counsell hathe here∣tofore set forth dyuers and sondrye his graces Proclamati∣ons, as well for and concernynge dyuerse and sondrye arti∣cles 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 thaduancement 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 po∣wer

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 al∣myghty 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 so∣deyn causes and occasions fortune many tymes, which do require spedy re¦medyes, 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 ma¦iestie (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 sub∣iectes: 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 an ordinary lawe shoulde be prouyded by thassent of his maiestie and parliament, for the due punyshe∣ment correction and reformation of suche offences and disobediences, Be it therfore enacted by the auctoritie of this parliament, with the kynges maie¦stie, the lordes spirituall and temporall, and the commons assent, that al∣wayes the kynge, for the tyme beyng, with thaduise of his honorable coun¦cell, 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, vn∣der 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 shalbe 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 shalbe 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, shalbe infringed broken or subuerted: And specially all those actes, stondinge this houre in force, whi∣che

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 pos∣sessions 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 procla¦mations, euery shireffe or other officer and minister, to whom any such pro∣clamation shalbe 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 aucto∣ritie. And they to cause the same proclamatiōs to be fixed and set vp open∣ly 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 ther∣of 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 Can∣terbury 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 ste∣warde or graund mayster, lorde Chamberlayne of the kynges moste hono∣rable housholde, two other bishops, being of the kynges councell, suche as his grace shall appoynte for the same, the secretarie, the tresorer & control∣ler 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 Chan∣cellour of the augmentations, the Chancellour of the Duchy, the chief ba∣ron of theschequer, the two generall surueyours, the chauncellour of thes∣chequier, the vnder Treasorer of the same, the treasorer of the kinges cham¦ber, 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 shalbe two: shall lose and pay suche penalities forfaitures of sūmes of mo∣ney 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 ex∣pressed 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 shalbe 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 {pro}claclamation or proclamatiōs be had done or made in such shire or countie, where thoffender hath or shall dwell or be most cōuer∣sant 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 gra∣cis 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 a laufull excuse, than the said chancellours to awarde out another proclamation, vppon allegeance of the same offender, for the due examina¦tion triall and conuiction of euery suche person & persons, as shall offend contrary to this acte, for the due execution to be had of and for the same, in maner and forme as is aboue remembred. Except it be within the libertie of the countie palatine of the duchy of Lancaster. And in case it so be: than to passe by the chācellor of the kinges duchy of Lancaster, vnder y^e seale of the said duchy, with the assent of .vi. at the least of the afore named coūcellours ¶Be it also further enacted by thauctoritie aforesayd, y^t yf any person or persons do cōmitte any offence, contrary to the forme & effecte of this acte, and after the same offence done or cōmitted, do obstinately willingly or cō∣temptuosly auoyde and depart out of this realme, for and to thentent that he wyl not answere to suche offence or offences by hym cōmitted and done, contrary to this acte, that than euery such wylfull and contemptuous per∣son, auoydynge or departynge out of this realme, shalbe adiudged a tray∣tour, and his facte high treason, and shall haue and suffre suche peynes of death, and also forfayte goodes and cattals, landes and tenementes, as in

case of high treson. Sauyng to al & singular person & persons, bodies po∣litik & corporat, their heires & successors, & to the heires & successours of eue∣ry of them, other than such person and persons, their heyres and successors, and the heires and successours of euery of them, that shal offend contrary to this act, and thervpon obstinatly willingly or contemptuously auoyde & de∣parte out of this realme, as is aforesayde, all suche righte title vse intereste rentes reuersions remainders lease leases grauntes annuities offices com∣mons profittes commodities and other hereditamentes what so euer, in & to all and syngular suche honours castels manours landes tenementes and other hereditamentes, whiche any suche offender or offenders shall haue at the tyme of his or their offence or offences of treason committed, or at any tyme after, in suche lyke maner fourme and condicion, to all intentes cōstru¦ctions and purposes, as if this acte had neuer ben had or made: any thyng conteyned in this acte to the contrary in any wyse not withstandyng.

¶And it is further enacted by y^e auctoritie aforesayd, that yf any person or persons, offendyng contrary to this acte, do wyllyngly and contemptuously withdrawe absent eloyne or secretly hyde hym selfe within any parte of this realme, or any of the kynges dominions, by the space of two monethes next after any writ of Proclamation shalbe made directed & proclaymed against hym or them, as afore is rehersed, and therof by any conuenient or reasona∣ble meane may haue knowlege, so that by eloynyng of hym self, his offence can not be examined tried and iudged within the sayd tyme of .xviii. mone∣thes: that than euery suche person and persons so offendinge, shall stande and be as a person conuicted of thoffences againste him obiected, and also lose and pay all and euery suche forfayture summes of money, and also suf∣fer suche imprisonment as to the same offence shall appertayne.

¶And be it further enacted, that yf it happen our sayde soueraygne lorde the kynge to deceasse (whose lyfe God longe preserue) before suche tyme as that person, which shalbe his next heyre or successour to the imperiall crown of this realme, shall accomplyshe and come to the age of .xviii. yeres: that than all and syngular proclamations, whiche shalbe in any wyse made and setforth into any parte of this realme, or other the kynges dominyons, by vertue of this acte, within the foresayde yeres of the sayde next heyre or suc∣cessour, shalbe setforth in the successours name than being kynge, and shal importe or beare vnderwritten the full names of suche of the kynges hono∣rable councell than beinge, as shall be the diuisours or setters forthe of the same, whiche shall be in this case the hole nomber afore rehersed, or atte the least the more parte of theym, or elles the proclamations to be voyde and of none effecte.

¶Prouyded also that yf any Proclamation or Proclamations hereafter shalbe directed by vertue of this acte, to the iustices of the peace of any shire or countie, that then within .xiiii. dayes after the recept therof, the same iu∣stices shall and may by their discretions diuide them selfes in sondrye par∣tes and places within the limytes of their commission, for the due and spe∣dye

execution of the contentes of the same proclamation or proclamations, and they and euery of them doynge or causynge to be done with conuenient spede in their sondry lymittes, as moche as in theym reasonable doth lye or rest to be done, for the dewe and spedy execution of the same proclamation or proclamations: than euery such of the same Iustices, as so shall do his di∣ligence, or as moche as in him reasonable resteth to be done, shal be dischar¦ged and exonerated against the kynges highnes his heyres and successours of and for euery penalitie or peyne, limitted and appointed by the same pro∣clamation to euery of the same iustices.

¶ Prouided also, that no iustices of peax shalbe charged hereafter by ver∣tue of any such proclamation, with or for any peyne or penalitie, for not do∣ynge or executinge of the same proclamations, but onely in the shyre or coū¦tie, where any such iustices of peace shall or do inhabyte, dwell, or be moste conuersant or abydinge.

¶ Prouided also that the forsayd counsaylours appointed or to be appoin¦ted by vertue of this act, or any parte thereof by the kynges hyghenes, his heyres or successours, to and for the hearing and determination of euery of∣fence, committed contrary to any of his or their proclamation or proclama∣tions, shall from tyme to tyme, knowing the kynges determinate pleasure first therin, haue full power and auctoritie to diminishe or mitigate the pe∣nalties of the somme, or sommes of money, which shalbe conteyned in any of the sayde proclamatiōs hereafter to be made by the kynges hyghnes his heyres or successours.