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until what Time every such Attendant in Wars shall be paid Wages. To what Persons this Statute doth not extend.
No. VIII. 19 Hen. VII.
[ No. IX. * ] 25 Henry VIII. c. 22.- An Act concerning P.
the King's Succession t. VIII. AND be it further enacted by Authority aforesaid, That on this No. IX.
side the first day of May next coming, Proclamation shall be made in all shires within this Realm, of the tenor and contents of this
25 Hen. VIII. Act; and if any person or persons, of what estate, dignity or condition soever they be, subject or resiant within this Realm, or elsewhere within any the King's dominions, after the said first day of May, by writing This Act shall or imprinting, or by any exterior act or deed, maliciously procure
be proclaimed or do, or cause to be procured or done, any thing or things to the in all theşhires peril of your most Royal Person, or maliciously give occasion by wri
of England. ting, print, deed or act, whereby your Highness might be disturbed or interrupted of the Crown of this Realm, or by writing, print, deed or act, procure or do, or cause to be procured or done, any thing or The Penalty things to the prejudice, slander, disturbance or derogation of the said for hurting the lawful matrimony solemnized between your Majesty and the said Queen King's person, Anne, or to the peril, slander or disherison of any of the issues and heirs disturbing his of your Highness, being limited by this Act to inherit and to be inheritable title to the to the Crown of this Realm in such Form as is aforesaid, whereby any slandering his such issues or heirs of your Highness might be destroyed, disturbed or interrupted in body or title of inheritance to the Crown of this Realm, as to
Marriage. them is limited in this Act in form above rehearsed ; that then every such person and persons of what estate, degree or condition they be of, subject ör resiant within this Realm, and their aiders, counsellors, maintainers and abettors, and every of them, for every such offence shall be adjudged high Traitors, and every such offence shall be adjudged High Treason, and the offenders and their aiders, counsellors, maintainers and abettors, and every of them, being lawfully convict of such offence by presentment, verdict, confession or process, according to the Customs and Laws of this Rep. 1 E. 6.
c. 12. § 2. Realm, shall suffer pains of death, as in cases of High Treason; and that also every such offender, being convict as is aforesaid, shall lose and forfeit to your Highness, and to your heirs, Kings of this Realm, all such manors, lands, tenements, rents, annuities and hereditaments, which they had in possession as owners, or were sole seised of by or in any right, title or means, or any other person or persons had to their use, of any estate of inheritance, at the day of such treasons and offences by them committed and done; and shall also lose and forfeit to your Highness, and to your said heirs, as well all manner such estates of freehold and interests for years of lands and rents, as all their goods, chattels and debts, which they had at the time of conviction or attainder of any such offence : Saving always to The Rights of every person and persons, and bodies politick, to their heirs, assigns and all others, exsuccessors, and every of them, other than such persons as shall be so con- cept the Ófvict, and their heirs and successors, and all other claiming to their uses, fenders,saved. all such right, title, use, interest, possession, condition, rents, fees, offices, annuities and commons, which they or any of them shall happen to have in, to or upon any such manors, lands, tenements, rents, annuities or hereditaments, that shall so happen to be lost and forfeit by reason of attainder for any the treasons and offences above rehearsed, at any time before the said treasons and offences committed.
IX. And be it further enacted, by Authority aforesaid, That if any per- The Penalty
* Other part of this, Vol. I.
neral subject of the degrees of affinity in + This Act was for the establishing the legiti- respect of marriage, has been inserted Pt. I. macy of the marriage of the King with Anne C1, IV. Boleyn.--So much of it as relates to the geVOL. V.
No. IX. son or persons, after the said first day of May, by any Words, without 25 Hen. VIII. Writing, or any exterior Deed or Act, maliciously and obstinately shall
publish, divulge or utter any thing or things to the peril of your Highness, or to the slander or prejudice of the said Matrimony solemnized between
your Highness and the said Queen Anne, or to the slander and disherison for publishing of the Issue and Heirs of your Body begotten and to be begotten by the any thing to
said Queen Anne, or any other your lawful Heirs, which shall be inheritthe Perils of
able to the Crowi) of this Realm, as is before limited by this Act; that the King, or
then every such Offence shall be taken and adjudged for Misprision of the Slander of his Marriage,
Treason; and that every person and persons, of what Estate, Degree, or or to the Dis: Condition soever they be, Subject or Resiant within this Realm, or in any heritance of
the King's dominions, so doing and offending, and being thereof lawfully his Issue.
convict by Presentment, Verdict, Process or Confession, shall suffer Imprisonment of their Bodies at the King's Will, and shall lose as well all their Goods, Chattels, and Debts, as all such Interests and Estates of Freehold or for Years, which any such Offender shall have of or in any Lands, Rents, or Hereditaments whatsoever, at the time of Conviction and Attainder of such Offence.
[ No. X. ] 26 Henry VIII. c. 2.- The Oath of Obedi
ence to the King and the Heirs of his Body begotten of Queen Anne. Any former Oath made to be reputed vain and annihilate. The Exposition of the Oath, and who have and shall be bound to take it. Certificate shall be made into the King's Bench of the Refusers of the Oath.
No. XI. 26 Hen. VIII.
[ No. XI. ] 26 Henry VIII. c. 13.- An Act whereby
Offences be made High Treason, and taking away all
duty of Subjects, above all things to prohibit, provide, restrain and extinct all manner of shameful Slanders, Perils, or imminent danger or dangers, which might grow, happen or rise to their Sovereign Lord the
King, the Queen, or their Heirs, which when they be heard, seen or ' understood, cannot be but odible, and also abhorred of all those sorts ' that be true and loving Subjects, if in any point they may do, or shall • touch the King, his Queen, their Heirs or Successors, upon which
dependeth the whole unity, and universal weal of this Realm, without
providing wherefore too great a scope of unreasonable Liberty should ' be given to all cankard and traitorous Hearts, Willers and Workers of ' the same; and also the King's loving Subjects should not declare unto ' their Sovereign Lord now being, which unto them hath been, and is
most entirely both beloved and esteemed, their undoubted Sincerity and " Truth.'
II. Be it therefore enacted, by the Assent and Consent of our Sovereign Lord the King, and the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, That if any person or persons, after the first day of February next coming, do maliciously wish, will or desire, by Words or Writing, or by Craft, imagine, invent, practise or attempt any bodily harm to be done or committed to the King's most Royal Person, the Queen's, or their Heirs apparent, or to deprive them or any of them of their Dignity, Title or Name of their Royal Estates, or slanderously and maliciously publish and nounce, by express Writing or Words, that the King our Sovereign Lord should be Heretick, Schismatick, Tyrant, Infidel, or Usurper of the Crown, or rebelliously do detain, keep or withhold from our said Sovereign Lord, his Heirs or Successors, any of his or their Castles, Fortresses, Fortilesses, or Holds within this Realm, or in any other the King's dominions or
Marches, or rebelliously detain, keep or withhold from the King's said No. XI. Highness, his Heirs or Successors, or any of his or their Ships, Ordinances, 26 Hen. VIII. Artillery, or other Munitions or Fortifications of War, and do not humbly render and give up to our said Sovereign Lord, his Heirs or Successors, or to such persons as shall be deputed by them, such Castles, Fortresses, Fortilesses, Holds, Ships, Ordinances, Artillery, and other Munitions and Fortifications of War, rebelliously kept
or detained within six days next after they shall be commanded by our said Sovereign Lord, his Heirs or Successors, by open Proclamation under the Great Seal ; that then
person and persons so offending in any the premises, after the said first day of February, their Aiders, Counsellors, Consenters and Abettors, being thereof lawfully convict according to the Laws and Customs of this Realm, shall be adjudged Traitors, and that every such Offence in any of the premises, that shall be committed or done after the said first day of February, shall be reputed, accepted and adjudged High Treason, and the Offenders therein and their Aiders, Consenters, Counsellors and Abettors, being lawfully convict of any such Offence as is aforesaid, shall have and suffer such Pains of Death and other Penalties, as is limited and accustomed in cases of High Treason.
III. And to the intent that all Treasons should be the more dread, hated and detested to be done by any person or persons, and also because it is a great boldness and an occasion to ill-disposed persons, to adventure and embrace their malicious Intents and Enterprizes, which all true Subjects ought to study to eschew: Be it therefore enacted, by the Authority No Offender aforesaid, That none Offender in any kinds of High Treasons, whatsoever in High Trea. they be, their Aiders, Consenters, Counsellors, nor Abettors, shall be ad- son shall have mitted to have the Benefit or Privilege of any manner of Sanctuary, con- the Benefit of sidering that matters of Treasons touch so nigħ both the surety of the King Sanctuary. our Sovereign Lord's person, and his Heirs and Successors.
IV. And over that, be it enacted, by Authority aforesaid, That if any of Where Treathe King's Subjects, Denizens or other, do commit or practise out of the sons commitLimits of this Řealm, in any outward Parties, any such Offences, which by ted out of the this Act are made, or heretofore have been made Treason, that then such Realm shall be Treasons, whatsoever they be, or wheresoever they shall happen so to be inquired of. done or committed, shall be inquired and presented by the Oaths of twelve good and lawful men, upon good
and probable Evidence and Witness, in such Shire and County of this Realm, and before such persons as it shall please the King's Highness to appoint by Commission under his Great Seal, in like manner and form as Treasons committed within this Realm have been used to be inquired of and presented; and that upon every Indictment and Presentment found and made of any such Treasons, and certified into the King's Bench, like Process and other circumstance shall be there had and made against the Offenders, as if the same Treasons, so presented, had been lawfully found to be done and committed within the Limits of this Realm. And that all processes of Out- Process of lawry hereafter to be had and made within this Realm against any Outlawry Offenders in Treason, being resiant or inhabited out of the Limits of this awarded Realm, or in any of the Parties beyond the Sea, at the time of the Out- against any lawry pronounced against them, shall be as good and as effectual in the Traitor re
maining Law to all intents and purposes, as if such Offenders had been resident and dwelling within this Realm at the time of such Process awarded, and
beyond Sea. Outlawry pronounced.
V. And be it further enacted, by Authority aforesaid, That every What an Offender and Offenders, being hereafter lawfully convict of any manner of Offender in High Treasons, by Presentment, Confession, Verdict, or Process of Out- Treason shall lawry, according to the due Course and Custom of the common Laws of forfeit. this Realm, shall lose and forfeit to the King's Highness, his Heirs and Successors, all such Lands, Tenements, and Hereditaments, which any such Offender or Offenders shall have of any Estate of Inheritance in Use or Possession, by any Right, Title or Means, within this Realm of England, or elsewhere within any of the King's Dominions, at the time of any such Treason committed, or any time after; saving to every person and persons,
No. XI. their Heirs and Successors, (other than the Offenders in any Treasons, 26 Hen. VIII. their Heirs and Successors, and such person and persons as claim to any
their Uses,) all such Rights, Titles, Interests, Possessions, Leases, Rents, Offices and other Profits, which they shall have at the day of committing such Treasons, or at any time afore, in as large and ample manner as if this Act had never been had nor made.
[ No. XII. ] 27 Henry VIII. c. 2.-It shall be High
Treason to counterfeit the King's Sign-manual, Privysignet, or Privy-seal.
[ No. XIII. ] 32 Henry VIII. c. 25.– The Marriage so.
lemnized between the King and the Lady Anne of Cleves, by the Judgment of the Clergy of England, in their Convocation, is adjudged and pronounced to be void, and also by her own Consent; and that the King shall be at Liberty to marry any other Woman, and she any other Man. It shall be High Treason, by Word or Deed, to accept, take, judge, or believe the said Marriage to be good, or to procure or do any Thing to the Repeal of this Act.
[ No. XIV. ] S3 Henry VIII. c. 20.--How Treason com
mitted by a Lunatick shall be punished, and in what Manner he shall be tried.
No. XIV. FORASMUCH as sometimes some persons, being accused of High 33 Hen. VIII.
Treasons, have, after they have been examined before the King's
Majesty's Council, confessed their Offences of High Treason, and yet c. 20.
nevertheless after the doing of their Treasons, and Examinations and • Confessions thereof, as is aforesaid, have fallen to Madness or Lunacy, ! whereby the condign Punishment of their Treasons, were they never so • notable and detestable, hath been deferred, spared and delayed; and ' whether their Madness or Lunacy by them outwardly shewed were of
• Truth, or falsely contrived and counterfeited, it is a thing almost imposAltered by sible certainly to judge and try :' Be it therefore enacted, by Authority 1 & 2 Ph. & of this present Parliament, (to avoid all sinister, counterfeit and false M. c. 10. Practices and Imaginations that may be used for excuse of punishment of
High Treasons, in such cases where they be done or committed by any person or persons of good, perfect and whole Memory at the time of such their Offences), That if any person or persons have done or committed, or hereafter shall do or commit any High Treasons, when they were in good, whole and perfect Memory, and after their Accusation, Examination and Confession thereof before any the King's Majesty's Council, shall happen to fall to Madness or Lunacy, that yet nevertheless if it shall appear by the testimony of four of the King's Council, or more, that such persons, at the time of doing their Treason, and at the time of their Accusation, Examination and Confession thereof, were of good, perfect and whole Memory, and then not Mad nor Lunatick, but since that time fallen to Madness or Lunacy, and so certified into the King's Chancery, by writing subscribed
with the names of four of the said Council, or more; that then, in every Commission. such case, the King's Majesty's Commission of Oyer and Determiner of the
Treasons shall be awarded out of the said Chancery, under his Highness Great Seal, into such Shire and Place, and to such persons, as it shall please the King's most Royal Majesty to limit and appoint, in which Com
mission shall be specially mentioned and expressed the Names of such No. XIV. person or persons, who shall happen to be accused and examined of Trea- 33 Hen. VIII, son before any the King's Majesty's Council, as is aforesaid, and an express
.c. 20. mention, that by the Testimony of four of the King's Council, such person and persons so accused or examined of Treason, were of good, perfect and
Testimony. whole Memory at the time of committing their Offences, and at the time of their Accusation, Examination and Confession thereof, and that since that time they become Mad or Lunatick; by virtue of which Commission, the Commissioners limited by the same Commission shall have Power and Authority to inquire of the Treasons done by such persons, by the Inhabi- Inquiry. tants or Freeholders of the Shire where such Commission shall be directed to, wheresoever the said Treasons were done or committed; and if such person or persons aforesaid shall happen to be indicted of High Treason, then the said Commissioners, without the personal Appearance or Arraignment of such person or persons so indicted, shall cause the Sheriff or his Ministers, or other having Authority to return Process of such Cases, to return a Panel before them of sufficient and lawful Freeholders of the Shire where such persons shall be indicted, for the Trial of their Treasons contained in their Indictment; and after the return of the Panel and appearance of the Jury, the said Commissioners, in the absence of the said person or persons indicted, being Mad or Lunatick, without any Arraignment, Answer or Plea to the Indictme shall swear twelve of such of the said Jury as shall be returned before them, to try whether the person or persons indicted be guilty of the Treasons contained in the Indictment, or of any · of them, or not guilty, causing only the Indictment to be read to the said Jury, and after the reading thereof cause and suffer upon Evidence to be given to the Jury, as well for the King as for the Party, touching the Treasons contained in the Indictment, as to their Discretions shall seem .convenient; whereupon the Jury shall be bound to give their Verdict according to their Evidence, as if the persons indicted had been present, arraigned and pleaded to the same: And if it shall happen such person or persons, so indicted, to be found guilty by the said Jury so charged to try such Treasons, that then the Offenders of such Treasons so found guilty, shall have such Judgment, and suffer such pains of Death, Forfeitures of Judgment. Lands, Goods, Chattels and all other things, as is commonly limited in cases of High Treason, and as if such persons had been of good and whole Memory, and personally present arraigned and pleaded to their Indictment, and had been found guilty thereof; their Madness or Lunacy, or their Absence, Non-arraignment, or not pleading to the said Indictment, in any wise not letting nor withstanding.
Provided alway, and be it enacted, by the Authority aforesaid, That if Peers. any of the Peers of this Realm shall happen to be accused and examined of High Treason before any of the King's Council, and do confess the same, and afterward fall to Madness or Lunacy, as is aforesaid, that then such Treasons done and committed by any Peer of this Realm, and by him or her confessed upon Examination thereof before any of the King's Council, as is aforesaid, and their Confessions, if they can write, subscribed with their Names, shall be inquired of by Virtue of the King's Commission of Oyer and Determiner, to be awarded in Manner and Form above rehearsed: And if they shall happen to be indicted of High Treason by Virtue of such Commission, yet nevertheless their Trial shall be always Trial. had by their Peers before the High Steward of England, to be assigned by the King's Highness; and that the High Steward to be assigned by the King's Majesty, in every such case, shall have the Record of the Indictment brought to him, and shall cause to be summoned to appear before him the Peers of the Realm, as hath been accustomed, at a Day and Place by the said High Steward to be limited, and
which Day and Place the said High Steward, after the Appearance of the Peers before him, having the Record of the said Indictment before him, shall, in the Absence of the person indicted, which shall happen to be Mad or Lunatick, as is aforesaid, and without his or her Arraignment or Pleading to the Indictment, cause the said Indictment to be read to the Peers, and in their presence cause to be declared by his Discretion all manner of Evidence and Witness touching