Anno quinto et sexto Eduardi Sexti Actes made in the session of this present parlament, holden vpo[n] prorogacion at Westminster, the. xxiii. daie of Ianuarie, in the fiueth yere of the reigne of our moste drad souereigne Lorde, Edward the. VI. by the grace of God, kyng of Englande, Fraunce, and Irelande, defendour of the faith, and of the Churche of Englande and Irelande, in yearth [sic] the supreme hed: and there continued and kept to the. xv. daie of Aprill, in the vi. yere of the reigne of our saied souereigne lorde, as foloweth

¶ The .xi. Chapiter. ¶ An acte for the punyshement of diuets Treasons. (Book 11)

FOR asmuche as it is moste necessarie, both, for cō∣mon pollicie, and dutie of subiectes aboue al thin∣ges to prohibite, restrayne and extincte, all maner of shamefull Slaunders, whiche myght growe, happen, or aryse to their souereigne lorde the kyn∣ges Maiestie, whiche when they be heard, sene or vnderstande, cannot be but odible and also abhor∣red of all those sortes that be true and louyng sub∣iectes, if in any poyncte they may, doe, or shall touche his Maiestie, vpon whome dependeth the whole vnitie and vniuersall weale of this realme, without prouidyng wherfore, to great a scope of vnreasonable libertie should be geuē to al cancted & traiterours hartes, & the kinges

louyng subiectes should not declare vnto their souereigne lorde nowe being, which vnto them hath bene, and is moste entierly both beloued, and estemed, their vndoubted sinceritie and truthe.

Be it therefore enacted, by thassent, and consente of our souereigne lorde the kyng, and the lordes spiritual and temporal, and the cōmons of this present parlament assembled, and by thaucthoritie of thesame, that if any persone or persons, after the first day of Iune next cōming, by open preaching, expresse wordes or sayenges, do expressely directly, and aduiledly, sette furthe and affirme, that the Kynge that nowe is, is an hereticke, scismatike, tiraūt, infidele, or vsurpet of the croune, or that any his heires or successours, to whom the croune of this Realme is li∣mited by aucthoritie of parlamente, holden in the .xxxv. yeare of the re∣ygne of the late Kyng Henry the eyghte, beyng in lawfull possession of the croune, is an hereticke, scismaticke, tyraunt, infidele, or vsurper of the croune: That then euery suche offendour beyng thereof duely con∣uicted or atteynted by the lawes of this Realme, their abbettours, pro∣curours and counseilours, and al and euery their aydours, & comfor∣tours, knowyng thesayde offences, or any of them to be done, for his or their suche firste offence, shall lose and forfeicte to the kyng, all his and their goodes, and cattalles, and also shall haue and suffre imprisonne∣ment, of his and their bodies, at the Kynges will and pleasure. And if any persone beyng ones conuicted, or atteinted, of any of thesayde of∣fences, shal after his saide conuiction, or atteinder eftsones cōmitte, or perpetrate any of the offences before mencioned, in fourme aforesayde committed, and shalbe thereof duely conuicted or atteinted, by the La∣wes of this Realme, that then euery suche offeundour and offendours, their abbettours, procurours, & counscilours, & al and euery their ay∣dours, and comfortours, knowyng thesaide offences, or any of them to be done, for his or their seconde offence or offences, shall lose and for∣feicte vnto the kyng, the whole yssues and profectes, of al his and their landes, tenementes, and other hereditamentes, benefices, prebendes, & other spirituall promocions, for terme of the lyfe, of suche offendour or offendours, and shall also lose and forfeicte vnto the kyng, all his and their goodes, and cattalles, and also suffre, duryng his and their lyues perpetuall imprisonnement of his and their bodies.

Prouided alwaies, that suche of thesayde Spirituall promocions, as shalbe charged with cure, be alwaies by the Kynges Maiestie, and his heyres and successours, sufficiently furnysshed of a Curate, for the discharge of thesame. And if any persone beyng twoo tymes hereaf∣ter conuicted or atteynted, of any of thesame offences, in fourme a∣foresayde committed, shall after hys seconde conuiction or atteyn∣der, eftsones committe or perpetrate agayne, any of the sayde offen∣ces in fourme aforesayde, and be thereof duely conuicte or atteyn∣ted, by the lawes and Statutes of this Realme, that then euery suche

thirde offence or offences, shalbe deined and adiudged hyghe Trea∣son, and the offendour or offendours therein, their abbettours, procu∣rours, and counseilours, and al and euery their aydours, and comfor∣tours, knowyng thesaid offences, or any of them to be done, beyng ther of conuicted, or atteinted, accordyng to the lawes and statutes of this realme, shalbe iudged and demed hygh traitours, and shall suffre pay∣nes of death, and lose and forfeicte all their goodes, and cattalles, lan∣des, and tenementes, wherof he, or they, shalbe seyed of an estate of en∣heritaunce, in his, or their owne right, to the kyng, as in cases of hyghe treason.

And be it further enacted by thaucthoritie aforesaid, that if any per∣sone, or persones, at any time after thesayd first day of Iune next com∣myng by writyng, printyng, paintyng, karuyng, or grauyng, do di∣rectly, expressely, and aduisedly publishe, set furth and affirme, that the kyng that nowe is, or any his heires, or successours, limited as is afore¦sayde, is an hereticke, schismaticke, tyraunt, infidell, or vsurper of the croune, that then euery suche offence and offences, shalbe demed and adiudged hyghe treason, and the offendour, and offendours, their ab∣bettours, procurours, and counsayllours, and all and euery their ay∣dours and comfortours, knowyng thesayd offences, or any of them to be done, beyng thereof conuicted or atteinted, accordyng to the lawes & statutes of this realme, shalbe deamed and adiudged hygh traitours, and shall suffre paynes of deathe, and lose and forfeicte all their goo∣des and cattalles, landes and tenementes, to the Kynge, as in cases of hygh treason.

And be it further enacted by thaucthoritie aforesaid, that if any per∣sone, or persones, after thesaide first day of Iune next cōmyng, rebelli∣ously do deteine, kepe, or withholde, from our said souereigne lorde, his said heires, or successours, any of his or their castles, fortresses, fortiles∣ses, or holdes within this realme, or in any other the kynges dominiōs or marches, or rebelliously, kepe, deteine, or withholde frō the Kynges said highnes, his said heires, or successours, any of his or their shippes ordinaunces, artillerie, or other munitions, or fortificatiōs of warre & do not obediēly render & geue vp to our said souereigne lord, his sayde heires or successours, or to suche persones as shalbe deputed by theim, or any of thē, suche castelles, fortresses, fortilesses, holdes, shippes, ordi∣naūces, artillerie, or other munitiōs, & fortificatiōs of warre, rebelliousli kept, & deteined, within sixe daies next after they shalbe cōmaunded by our said souereigne lord, his said heires, or successors, by opē proclama∣cion vnder the great seale, thesame proclamaciō to be made in such pla¦ce & order, so as the partie & parties to be charged by this acte, may cō∣ueniently haue notice or knowledge therof: that then euery suche per∣sone, or persons, so offēding, in any the premisses, after thesaid first day of Iune, their abbettours, procurours, & counseilours, & al & eueri their

aidours and comfortours, knowyng thesaied offences, or any of them, to bee doen, beyng lawfully conuicted, of the rebelliously kepyng, and deteinyng thereof, accordyng to the lawes and statutes of this realme, shalbee adiudged traitours, and shall suffer paines of death, and lose and forfeict al their goodes and cattelles, landes and tenementes, vn∣to the kyng, as in cases of high treason.

And ouer that, be it enacted by the aucthoritie aforesaied, that if a∣ny of the Kynges subiectes, Denisens, or other, do commit, or practise, out of the limites of this realme, in any outward partes, any the offen∣ces, whiche by this acte are made, or heretofore now standyng in force, haue been made treason, that then suche treasons, whatsoeuer thei bee, or where soeuer thei shall happen, so to bee dooen or committed, shalbe enquired and presented, by the othes of .xii. good and lawfull men, vpō good and probable euidence and witnesse, in suche Shiere and countie of this Realme, and before suche persones, as it shall please the Kyng, his saied heires, or successours, to appoynet by Commission, vnder his greate Seale, in like maner and forme, as treasons committed within this realme, haue been vsed to bee enquired of, and presented. And that vpon euery endictment and presentment, founden & made of any suche treasons, and certefied into the kynges Benche, like processe and other circumstaunce shalbe there made, and had against the offendours, as if thesame treason so presented, had been lawfully found to bee doen, and committed, within the limites of this Realme. And that all processe of outlawrie, hereafter to be made and had, within this realme, against a∣ny offendours in treason, beyng resiaunt, or enhabitaunt, out of the li∣mites of this realme, or in any the partes beyond the sea, at the tyme of the outlawrie pronounced against them, shalbe as good and effectuall in the Lawe, to all ententes and purposes, as if any suche offendours, had been residēt and dwellyng within this realme, at the tyme of suche processe awarded, and outlawrie pronounced.

Prouided alwaies, and be it enacted by the aucthoritie aforesaied, that if the partie, so hereafter to be outlawed, shal within one yere next after thesaied outlawrie, pronounced or Iudgement geuen vpon the∣saied outlawrie, yelde hymself vnto the chief Iustice of Englande, for the tyme beyng, and offer to trauers the endictement, or appele, where∣vpon thesaied outlawrie shalbe pronounced, as is aforesaid, that then he shalbe receiued to thesaid trauerse, and beyng thereupon found not giltie, by the verdict of .xii. men, he shalbe clerely acquited, and dischar∣ged of thesaied outlawrie, and of all penalties and forfeictures, by rea∣son of thesame, in as large and ample maner and forme, as though no suche outlawrie had been made, any thyng herein conteined, to the con∣trary in any wise, notwithstandyng.

And bee it further enacted, by the aucthoritie aforesaied, that euery offendour, and offendours, beeyng hereafter lawfully conuicte, of any

maner of high Treason, by presentment, confession, verdict, or processe of outlawrie, accordyng to the due course, and custome of the lawes of this Realme, shall lose, and forfeicte to the Kynges highnes, his heires and successours aforesaied, all suche landes, tenementes, and heredita∣mentes, whiche any suche offendour, or offendours, shall haue, of any estate of enheritaunce, in his awne right, in vse, or possessiō, within this realme of Englande, or els where, within any the Kynges dominions, at the tyme of any suche treasons committed, or at any tyme after.

And it is further enacted, by the aucthoritie aforesaid, that no per∣son, or persones, shal in any wise be empeched, for any of the offences a∣boue saied committed onely by open preachyng, or woordes, onles the offendour, or offendours, be therof accused, within thre monethes next after thesame open preachyng, or wordes, and that thesame accusaciō, or accusacions, be had, made, and declared, to one of the kynges coun∣saill, or to one of the kynges Iustices of Assise, or els to one of the kyn∣ges Iustices of the peace, beyng of the Quorum, or to two Iustices of the Peace, within the Shiere, where thesame offence, or offences, shall happen to be dooen, or committed, any thyng conteined in this acte, to the contrary thereof in any wise, notwithstandyng.

Prouided also, and be it declared, and enacted, by thaucthoritie a∣foresaid, that concelement, or kepyng secret of any high treason, be de∣med and taken, onely misprison of treason, and thoffendor therin, to for feict and suffer, as in cases of misprision of treason, as heretofore hath been vsed, any thyng aboue mencioned to the cōtrary, notwithstādyng

Prouided alwaies, & be it enacted by thaucthoritie aforesaied, that no persone, or persones, after the first daie of Iune next commyng, shal be endicted, arreigned, condempned, conuicted, or attamted, for any of the treasons, or offences aforesaied, or for any other treasons, that now be, or hereafter shalbe, whiche shall hereafter be perpetrated, commit∣ted, or doen, onles thesame offendour, or offendours, be thereof accused by twoo lawfull accusets, whiche saied accusers, at the tyme of the ar∣reignement of the partie accused, if thei be then liuyng, shalbe brought in persone before the partie so accused, and auowe and maintein that, that thei haue to saie against thesaid partie, to proue hym giltie of the treasons, or offences conteined in the bill of endictment laied against the partie arreigned, onles thesaied partie arreigned shall willyngly without violence confesse thesame. Sauyng to euery persone, and per∣sones, their heires and successors, other then the offendours, and their heires, and suche persone, and persones, as claime to any their vses, all suche rightes, titles, interest, possessions, leases, rentes, reuersions, of∣fices, and other profites, whiche thei, or any of theim shall haue, at the daie of committyng suche Treasons, or at any tyme after, in as large and ample maner, as if this acte had neuer been had, nor made.

Prouided also, and be it enacted by thaucthoritie aforsaid, that the

wife, or wiues, whose husbāde, or husbādes, herafter shalbe atteinted of treasons specified in this acte, or of any other treasons whatsoeuer thei be, shal in no wise be receiued, to aske chalenge, demaunde, or haue dowry, of any the landes, tenemētes, or hereditamētes, of any the per∣sone, or persones, to be attainted of treason, as is aforesaid, during thesaide atteindonr in his force, any thing before mencioned to the contra¦ry in any wyse notwithstandyng.