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643 [587]

dy penaltes were set vpon them, they caused through their accustomed practise to be ordeyned and enacted 

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From here until p. 593 Foxe quotes verbatim and at length from the text of the statute. However, he omits entirely a number of clauses. These include clauses declaring priests who keep company with their former wives to be felons; declaring lay people who refuse to confess or receive the sacrament to be felons; detailing powers of the commissions, including to compel suspects to appear and to imprison them; detailing the process should commissioners themselves violate the Act, or refuse the oath; invalidating foreign pleas; requiring mayors, sheriffs and bailiffs to assist commissioners; requiring the seizure and burning of all books opposed to the Act; and requiring the Act to be read quarterly in every parish church during divine service. He also omits the penalties for priests keeping concubines, which became notorious, on the grounds that concubinage (at least for a first offence) was treated less severely than marriage.

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by the kinge and the lordes spirituall and temporal, and the commōs in this presēt parliament assembled, and by the authoritye of the same, þt if any person or persōs wtin this realme of Englād, or any other the kings dominions, after the. xii. day of Iuly next com.minge, by worde, writing, imprintinge, cifring or any other wise, should publish, preach, teach, say, affirme, declare, dispute, argue, or hold any opinion, MarginaliaTransubstantiation. that in the blessed Sacrament of þe altare, vnder fourme of breade and wine (after the consecration therof) ther is not presēt, really, the naturalle body and blood of our sauior Iesu christ, conceyued of the virgine Mary or þt after the saide consecration, their remaineth any substance of bread or wine or any other substance, but the substance of christ God and mā. Or after the time aboue said, publish, preach, teach, say, affirme, declare, dispute, argue, or hold opinion, that in the flesh, vnder fourme of bread, is not the very bloude of christ. Or that with the bloude of christ, vnder the fourme of wine, is not the very fleshe of Christ aswell apart as thoughe they were both to gether. Or by any of the meanes aboue said, or otherwise preach, teach, declare, or affirme the saied Sacrament to be of other substāce, than is aboue saied, or by any meane contend depraue or dispise the saide blessed Sacrament: That then euery such person, so offending, theyr aidoures, conforters cousaylours, consentoures, and abbettoures, therein (beinge therof conuicted in fourme vnder written, by the auctoryty aboue sayed, shallbe deamed and adiudged hereticks. And euery such offēce, shallbe adiudged manifeste heresy. And that euery such offendoure and offendours, shal therfore haue and suffer iudgemente, execution, paine and paines of deth, by way of burning without any abiuracion clergy of sanctuary, to be therfore permitted had alowed admited or suffered. And also shall therfore forfayte and lese to the kinges highenes, his heires and successoures, al his or their honoures, manours, castelles, landes, tenements, rents reuercions, seruices, possessiones, and al other his or their hereditamentes goods and cattal, termes and freholdes, what so euer they be, which any such offender or offēders shall haue at the time of any such offence or offences, committed or done, or at any time after, as in any cases of high treason.

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¶ And furthermore be it enacted by the autoritee of this presēt parliament, that if any person or persones, after the saied. xii. day of Iuly prech in any sermon or colation, openly made to the kinges people: Or teach in any commō schole, or to other congregation of people: Or being called before such iudges, and according to such fourme of the law as hereafter shallbedeclared, do obstinatly affirme, vphold, mainteine, or defende: MarginaliaThe sacramentboth kinds that the communion of the saide blessed Sacrament in bothe kindes, that is to say, in fourme of bread and also of wine, is necessarye for the health of mannes soule, to be geuen or ministred, or oughte or shoulde be geuen or ministred to any person in both kindes. Or that it is necessary so to be receiued or taken by any person (other than by priestes being at masse, and cōsecrating the same) or that any man, after the order of priesthode receiued (as afore sayde) may marry, or may contracte matrimony. Or that anye manne or woman, which aduisedlye hathe vowed, or professed, or shal vowe or professe chastity or wydow head, may marry, or may contract matrimonye. MarginaliaPriuate masses. Or that priuate masses be not lawful, or not laudable, nor should not be celebrated, hadde, nor vsed in thys realme, nor be not agreable to the lawes of God. MarginaliaAuriculer confessyon. Or that auriculare confession is not expedient & necessary to be reteined & continued, vsed & frequented in þe church of God. Or if any priest, after the xii. of Iuly, Or that anye, other manne or womanne hath vowed, or after the said day aduisedly do vowe chastitie or widowhead, do actually mary or contract matrimonye with anye person, that then all and euery person and persons, so preaching, teaching, obstinately affirmyng, vpholding, maintaining, or defēding, or making mariage or cōtract of matrimony, as is aboue especified, be and shall be, by authoritye aboue wrytten, demed and iudged a felon and felons And that euerye offender in the same, beinge therfore duelye conuicted or attaynted by the lawes vnder wryttē, shal therfore suffer pains of death, as in cases of felony, without any benefite of cleargy, or priuiledge of church or sāctuary, to him or her to be allowed in þt behalf. And shal forfait al his or her lands and goods, as in cases of felony. And that it shalbe lawful to the patron or patrons of any manner of benefice, which any such offender at the tyme of his said conuiction or atteinder had to present one other incumbent thervnto, as if the same person, so conuicted or attaynted, had bene bodely deceased.

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Also it was enacted by the authoritye aforesaid, that if any person or persons, after þe said xii day of Iuly by worde, wryting, Printinge, Ciphringe, or otherwise than is aboue rehearsed, publishe, declare or holde opinion, that the sayde Communion of the blessed Sacrament, in bothe kindes aforesaid, is necessarye for the healthe of mannes soule to be geuen or minystred in bothe kindes, and so oughte or shoulde be geuen and miuistred to anye parsonne, or oughte or shoulde be so in bothe kindes receyued or taken by anye personne, other than by priestes being at masse, and consecratinge the same, as is aforesaid.

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