1 Edw. VI. c. 12. offences before-mentioned, other than such as be expressed in the said No. XVIII. Estatute made in the said xxv. year of King Edward the Third, and shall be thereof duly convicted and attainted by the Laws of this Realm; that then every such offender, their aiders, comforters, abettors, procurers and counsellors, for his or their said second offence or offences, shall lose and forfeit to the King the whole issues and profits of all his and their being once belands, tenements and other hereditaments, benefices, prebends, and other fore convicted. spiritual promotions, for term of life of such offender or offenders; and 25 Ed. 3. stat. shall also lose and forfeit to the King all his and their goods and chattels, 5. c. 2. and also suffer, during his and their lives, perpetual imprisonment of his The punishand their bodies: And if any person being two times hereafter convicted ment for the or attainted of any of the same offences, shall after his said second con- third Offence, viction or attainder eftsoons commit or perpetrate again any of the said being twice offences, and be thereof duly convicted or attainted by the Laws and Sta- convicted. tutes of this Realm; that then every such third offence or offences shall be deemed and adjudged High Treason, and the offender or offenders, their aiders, comforters, abettors, procurers and counsellors, being therein convicted or attainted, according to the Laws and Statutes of this Realm, shall be deemed and adjudged High Traitors, and shall suffer pains of death, and lose and forfeit all their goods and chattels, lands and tenements to the King, as in cases of High Treason. VII. And be it further enacted by the Authority aforesaid, That if any person or persons, at any time after the said first day of March next coming, by writing, printing, overt-deed or act, do affirm or set forth that the King of this Realm for the time being is not or ought not to be supreme Head in earth of the Church of England and Ireland, or of any of them, immediately under God: or shall by writing, printing, overtdeed or act, after the said first day of March affirm or set forth, that the Bishop of Rome, or any other person or persons, other than the King of England for the time being, is or ought to be by the Laws of God or otherwise, the supream Head in earth of the same Churches, or of any of them; or do after the said first day of March compass or imagine by wri- It shall be ting, printing, overt-deed or act, to depose or deprive the King, his heirs High Treason or successors, Kings of this Realm, from his or their Royal estate or titles to affirm by of the King of England, France or Ireland, or of any of them; or by any writing, printwriting, printing, overt-deed or act, do affirm that any other person or ing or deed, persons, other than the King, his heirs and successors, is or of right ought that the King to be King of the Realms of England, France or Ireland, or to have and is not supreme enjoy the same or any of them; that then every such offence or offences Head of the shall be deemed and adjudged High Treason, and the offender and offenders, Church, or that any other their aiders, comforters, abettors, procurers and counsellors, therein conis, or, &c. victed or attainted according to the Laws and Statutes of this Realm, Repealed 1 & shall be deemed and adjudged high Traitors, and shall suffer pains of 2 Ph. & M. c.8. death, and lose and forfeit all their goods and chattels, lands and tenements to the King, as in cases of High Treason. VIII. Provided always, and be it enacted by the authority aforesaid, That To which Acts this Statute, or any thing therein contained, shall not extend to repel, of Parliament annul or make frustrate or void, any Act or Acts of Parliament, Statute or this Statute Statutes made concerning the counterfeiting or forging of any of the Coins extendeth not. of this Realm; or of the Coin of any other Realm or Realms, current within this Realm; or for clipping, washing or filing of any of the said Coins, or for or concerning the bringing into this Realm of counterfeit money or coin; ne to any Statute made in the xxvii. year of the said 27 H. 8. c. 2. late King Henry the Eighth, concerning the false forging and counterfeiting of the King's signs manual, privy signet or privy seal; ne to their counsellors, procurers, aiders and abettors, nor to any article or branch concerning the same offences or any of them, contained in the same Statutes or any of them. IX. And be it further enacted by the authority aforesaid, That if any of the heirs of the King our said Sovereign I.ord that now is, or any person. It shall be or persons to whom the Crown and dignity of this Realm is limited and High Treason appointed by Act of Parliament made in the xxv. year of the reign of the to interrupt said late King Henry the Eighth, or the heirs of any of them, do at any any Person to No. XVIII. 1 Edw. VI. c. 12. whom the Crown is limited by the Statute of 35 H. 8. C. 1. The Offenders nies shall be excluded of their Clergy and Sanctuary by 2 & 3 Ed 6. c. 33. Persons steal ing one Horse are ousted of Clergy, &c. time hereafter usurp the one of them upon the other in the Crown of this Realm, or demand, challenge or claim the same otherwise, or in any other form or degree of descent or succession, or in any other course, form, degree or condition, but only in such manner and form as is declared by the said Statute; or if any of the said heirs or persons aforesaid do interrupt or let the King's Highness that now is, peaceably and quietly to keep, have and enjoy the said Imperial Crown; that then all and singular the offenders, their aiders, comforters, abettors, procurers and counsellors therein, shall be deemed and adjudged high Traitors, and shall suffer and incur the pains of death, losses and forfeitures, as is aforesaid, in cases of High Treason. X. And it is further ordained and enacted by the Authority aforesaid, in these Felo- That no person or persons that heretofore hath been, or at any time hereafter shall be, in due form of the Laws, attainted or convicted of murder of malice prepensed, or of poisoning of malice prepensed; or of breaking of any house by day or by night, any person being then in the same house where the same breaking heretofore hath been or hereafter shall be committed, and heretofore hath been or hereafter shall be thereby put in fear or dread; or of or for robbing of any person or persons in the highway, or near to the highway; or for felonious stealing of horses, geldings, or mares; or of felonious taking of any goods out of any Parish Church, or other Church or Chapel; or being indicted or appealed of any of the same offences, and thereupon found guilty by Verdict of twelve men, or shall confess the same upon his or their arraignment, or will not answer directly, according to the Laws of this Realm, or shall stand wilfully, or of malice Clergyallowed mute, shall not be admitted to have or enjoy the privilege or benefit of his clergy or sanctuary, but shall be put from the same: And that in all other cases of Fecases of Felony, other than such as are before-mentioned, all and singular lony. Sanctua- person and persons, which after the first day of March next coming shall ries extinct. be arraigned or found guilty upon his or their arraignment, or shall confess the same, or stand mute, in form aforesaid, or will not answer directly in form abovesaid, shall have and enjoy the privilege and benefit of his or their clergy, the liberty and privilege of sanctuary, in like manner and form as he or they might or should have done before the four and twentieth day of April in the first year of the reign of the said late King Henry the Eighth. in all other Statutes made during the XI. Provided always, and be it enacted by the Authority aforesaid, That all clauses, articles and sentences mentioned or specified in any Act Reign of King or Acts of Parliament, Statute or Statutes made in the time of the reign H. touching of the said late King Henry the Eighth, touching or in any wise concernChallengesand ing any manner of challenge for the county, hundred, or peremptory chalforeign Pleas, lenge, or any of them, or touching or in any wise concerning any manner, of Trial of foreign Pleas pleaded by Murderers, Felons or other offenders, shall, as concerning the said challenges and trials, remain in their force and strength not repealed; any thing in this Act mentioned, sounding or seeming to the contrary in any wise notwithstanding. confirmed. Wilful killing by poisoning shall be adjudged Murder. A Lord of the Parliament shall have his Clergy for his first offence of Felony, though he cannot read, and without burning. XIII. Provided also, and be it ordained and enacted by the authority aforesaid, That all wilful killing by poisoning of any Person or Persons, that at any time hereafter shall be done, perpetrated, or committed, shall be adjudged, taken and deemed wilful Murder of Malice prepensed; and that the Offenders therein, their aiders, abettors, procurers and counsellors shall suffer Death, and forfeit in every behalf as in other cases of wilful murder of malice prepensed. XIV. And over that, be it enacted by the authority aforesaid, That in all and every case and cases, where any of the King's Majesty's Subjects shall and may, upon his prayer, have the privilege of clergy as a clerk convict, that may make purgation; in all those cases and every of them, and also in all and every case and cases of Felony, wherein the privilege and benefit of clergy is restrained, excepted, or taken away by this Statute or Act, (wilful Murder and Poisoning of Malice prepensed only excepted) the Lord and Lords of the Parliament, and Peer and Peers of the Realm, having place and voice in Parliament, shall by virtue of this present Act, of common grace, upon his or their request or prayer, alleging that he is a Lord or Peer of this Realm, and claiming the benefit of this Act, though he cannot read, without any burning in the hand, loss of inheritance, or corruption of his blood, be adjudged, deemed, taken, and used for the first time only, to all intents, constructions, and purposes, as a clerk convict, and shall be in case of a clerk convict, which may make purgation, without any further or other benefit or privilege of clergy to any such Lord or Peer from thenceforth at any time after for any cause to be allowed, adjudged, or admitted; any Law, Statute, Usage, Custom, or any other thing to the contrary in any wise notwithstanding. No. XVIII. 1 Ed. VI. c. 12. XV. Provided always, That if any of the said Lords of the Parliament, Trial by Peers or any of the Peers of this Realm for the time being, shall fortune to be of a Lord of indicted of any of the offences limited in this Act; that then they and the Parliaevery of them shall have his or their trial by their Peers, as it hath been ment. used heretofore in cases of High Treason. XVI. And be it further enacted by the authority aforesaid, That if any Bigamus alPerson or Persons, that by this Statute or by any other Statutes or Laws lowed his of this Realm ought to have or be admitted to the benefit of his or their Clergy. clergy; that the same Person and Persons shall be from henceforth admitted and allowed to have his or their clergy, although they or any of them have been divers and sundry times married to any single Woman or single Women, or to any Widow or Widows, or to two Wives or more; any Law, Statute, or Usage, to the contrary in any wise notwithstanding. XVII. And over, that it is ordained and enacted by the authority aforesaid, That albeit any Person or Persons of what Estate, Condition, or Degree he or they be, shall hereafter fortune to be attainted, convicted, or outlawed of any Treason, Petit Treason, Misprision of Treason, Murder, or Felony whatsoever, yet that notwithstanding, every Woman that is or shall fortune to be Wife of the Person so attainted, convicted, or outlawed, shall be endowable and enabled to demand, have, and enjoy her dower in like manner and form as though her Husband had not been attainted, convicted, or outlawed; any Statute, Law, Usage, or Custom to the contrary in any wise notwithstanding: Saving to all and every other Person and Persons, Bodies Politick and Corporate, their Heirs and Successors, and to every of them (other than to such Offender or Offenders as shall be attainted, convicted, or outlawed), all such right, title, interest, entry, leases, possession, condition, profit, commodity, and hereditaments, as they or any of them had or should or of right ought to have before or at the time of the said attainder, conviction, or utlagary. The Wife shall be endowed, though her Husband be attainted of Treason, &c. Altered for High Treason, by 5 & 6 Ed. 6. c. 11. § 9.* * For § 9. read $13. XVIII. Provided also, and be it enacted by the authority aforesaid, That A Confirmaone Act made at the Parliament holden at Westminster upon divers proro- tion of the Stagations the fourth day of February, in the twenty-seventh year of the said tute 27 H. 8. late King Henry the Eighth, and there continued and kept until the c. 17. concerntwenty-fourth day of April then next ensuing, concerning and touching ing a Servant the felonious taking away by any Servant the goods or chattels of the taking his Master or Mistress, and all articles and sentences contained in the same Master's Act, shall stand, be, and remain in full strength, force, and effect, in such goods. manner and form as it did before the making of this present Act; the repeal or revocation of the Acts abovesaid to the contrary notwithstanding. XIX. Provided alway, and be it enacted by the authority aforesaid, Within what That no Person or Persons shall in any wise be impeached or put to time after the answer for any of the offences abovesaid concerning Treason by open offence compreaching or words only, unless the Party, Offender, or Offenders be mitted the Ofthereof accused within thirty days next after the same open preaching or fender must be words so spoken or declared, if the Accusers shall fortune to be within accused. this Realm, during the said space of thirty days next after the said offence committed or done: And if the Accusers shall happen to be out of this realm during the said space of thirty days, then the Party or Parties so offending shall be accused as is aforesaid, within six months next after the same preaching, or words so spoken or declared; or else the Party or Parties so offending, their aiders, comforters, abettors, and counsellors, or any of them, not to be impeached, or put to answer for any such offence or offences. And that the same accusation or accusations so to be had, made, and declared, shall be made to one of the King's Council, or to one of the King's Justices of Assize, or else to one of the King's Justices of Peace, being of the Quorum, or to two Justices of the Peace within the Shire where the same offence or offences shall happen to be done or committed; any thing in this Act contained to the contrary thereof notwithstanding. XX. Provided also, and be it declared and enacted by the authority aforesaid, That concealment, or keeping secret any High Treason, shall be from henceforth`adjudged, deemed, and taken Misprision of Treason, and the Offender therein shall forfeit and suffer as in cases of Misprision of Treason, as heretofore hath been used; any thing abovementioned to the contrary notwithstanding. XXI. Provided also, and be it declared and enacted by the authority abovesaid, That this Act, or any thing therein contained, shall not extend to charge, or make any Person or Persons to be Offender or Offenders in any of the articles abovesaid, for calling, naming, saying, writing, or printing the French King for the time being, by the name of the King of France, or French King; any thing above declared and enacted to the contrary in any wise notwithstanding. XXII. Provided always, and be it enacted by the authority aforesaid, That no Person or Persons, after the first day of February next coming, shall be indicted, arraigned, condemned, or convicted for any offence of Treason, Petit Treason, Misprision of Treason, or for any words before specified to be spoken after the said first day of February, for which the same Offender, Speaker, Offenders, or Speakers, shall in any wise suffer any pains of death, imprisonment, loss or forfeiture of his goods, chattels, lands, or tenements; unless the same Offender, Speaker, Offenders, or Speakers, be accused by two sufficient lawful witnesses, or shall willingly without violence confess the same. No. XX. [ No. XIX. ] 3 and 4 Edward VI. c. 5.—It shall be High Treason for twelve Persons or above, being assembled together, to attempt to kill or imprison any of the King's Council, or to alter any Laws, and to continue together by the space of an hour, being commanded by a Justice of Peace, Mayor, Sheriff, &c. to return. And it shall be Felony for twelve Persons or above, to practise to destroy any Park, Pond, Conduit, or Dove-house, or to have Common or Way in any Ground, or pull down any Houses, Barns, or Mills, or to burn any Stack of Corn, or to abate the Rents of any Lands, or the Prices of any Victual, and to continue together an hour, being commanded by a Justice of Peace, Sheriffs, Bailiffs, &c. by Proclamation to return. EXP. 7 Ed. 6. cap. 11. and REP. 1 M. 1. sess. 2. cap. 11. [ No. XX.] 5 and 6 Edward VI. c. 11.-An Act for the Punishment of divers kinds of Treasons. I. FORASMUCH as it is most necessary both for common policy and duty of Subjects, above all things to prohibit, restrain, and extinct 5 & 6 E. VI. all manner of shameful slanders which might grow, happen, or arise to c. 5. 'their Sovereign Lord the King's Majesty, which when they be heard, seen, or understood, cannot but be odible, and also abhorred of all those sorts that be true and loving Subjects, if in any point they may, do or 'shall touch his Majesty, upon whom 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 cankered and traitorous hearts, and 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 there enacted by the assent and consent of our Sovereign Lord the King, and the Lords Spiritual and Temporal, and the Commons, of this present Parliament assembled, and by the authority of the same, That if any Person or Persons after the first day of June next coming, by open preaching, express words, or sayings, do expressly, directly, and advisedly set forth and affirm, that the King that now is, is an heretick, schismatick, tyrant, infidel, or usurper of the Crown, or that any his heirs and successors to whom the crown of this realm is limited by authority of Parliament, holden in the five and thirtieth year of the reign of the late King Henry the Eighth, being in lawful possession of the crown, is an heretick, schismatick, tyrant, infidel, or usurper of the crown, that then every such Offender being thereof duly convicted or attainted by the Laws of this realm, their abettors, procurers, and counsellors, and all and every their aiders and comforters, knowing the said offences or any of them to be done, for his or their such first offence, shall lose and forfeit to the King all his and their goods and chattels, and also shall have and suffer imprisonment of his and their bodies at the King's will and pleasure. And if any Person being once convicted or attainted of any of the said offences, shall after his said conviction or attainder eftsoons commit or perpetrate any of the offences before mentioned, in form aforesaid committed, and shall be thereof duly convicted or attainted by the Laws of this realm, that then every such Offender and Offenders, their abettors, procurers, and counsellors, and all and every their aiders and comforters, knowing the said offences, or any of them to be done, for his or their second offence or offences, shall lose and forfeit to the King the whole issues and profits of all his and their lands, tenements and other hereditaments, benefices, prebends, and other spiritual promotions for term of the life of such Offender or Offenders, and shall also lose and forfeit unto the King all his and their goods and chattels, and also suffer during his and their lives perpetual imprisonment of his and their bodies. III. Provided always, that such of the said spiritual promotions as shall be charged with cure, be always by the King's Majesty, and his heirs and successors, sufficiently furnished of a curate for the discharge of the same. And if any Person being two times hereafter convicted or attainted of any of the same offences in form aforesaid committed, shall after his second conviction or attainder, eftsoons commit or perpetrate again any of the said offences in form aforesaid, and be thereof duly convicted or attainted by the Laws and Statutes of this realm, that then every such third offence or offences shall be deemed and adjudged High Treason, and the Offender or Offenders therein, their abettors, procurers, and counsellors, and all and every their aiders and comforters knowing the said offences or any of them to be done, being thereof convicted or attainted according to the Laws and Statutes of this realm, shall be adjudged and deemed high Traitors, and shall suffer pains of death, and lose and forfeit all their goods and chattels, lands and tenements, whereof he or they shall be seised of an estate of inheritance in his or their own right, to the King, as in cases of High Treason. IV. And be it further enacted by the authority aforesaid, That if any Person or Persons at any time after the said first day of June next coming, by writing, printing, painting, carving, or graving, do directly, expressly, and advisedly publish, set forth, and affirm, that the King that now is, or any his heirs or successors, limited as is aforesaid, is an heretick, schismatick, tyrant, infidel, or usurper of the crown, that then every such offence and offences shall be deemed and adjudged High Treason, and the Offender and Offenders, their abettors, procurers, and counsellors, and all and No. XX. 5 & 6 E. VI. c. 11. |