of them or by any Generall Councell wherein the same was declared heresie by expresse and plaine words of Scripture or such as should be determined Heresie by the high Court of Parl. with the assent of the Clergy in their Convocation This Statute revives the 23 H. 8. 9. 24 H. 8. 12. 25 H. 8. 20. 25 H. 8. 21. 26 H. 8. 14. 28 H. 8. 16. So much of the Act of the 32 H. 8. 38. concerning precontracts of Marriages and touching degrees of Consanguinity as by the 2 Ed. 6. 23. was not repealed the 37 H. 8. 17. the 1 Ed. 6. 1. This Act repeales the Statute of the 1 2. Ph. M. 6. the 1 2 Ph. M. 8 except those things touching the Premunire in the said Statute It repeales the 5 R. 2. 5. the 2 H. 4. 15. the 2 H. 5. 7. made for the punishment of Heresies by fire and faggot This statute repeales the statute of the first of Mary and the 2 and revives Stat. 1 Eliz. cap. 2. the statute of the 5 6 of Ed. 6. for the uniformity of Prayer and administration of the Sacraments with the alteration or addition of certain Lessons to be used every Sunday of the yeere and the forme of the Letany altered and corrected and two sentences only added in the delivery of the Sacrament to the Communicants If any Parson Vicar or other whatsoever Minister that ought or should say or sing Common-Prayer mentioned in the said Booke in such Cathedrall or Parish-Church or other places where he should Minister the same in such manner and forme as is mentioned in the said Booke refuse to doe the same or use any other forme or shall preach declare or speake any thing in derogation of the said booke or any thing therein contained or any part thereof and shall thereof be lawfully convicted according to the Lawes of the Land by the Verdict of 12 men or confession or notorious evidence of the fact shall forfeit to the Queene c. for the first offence the profits of one whole yeere next after such conviction of all his spirituall Benefices and suffer imprisonment for the space of six moneths without Bayle or Mainprize If any such person once convicted concerning the Premisses shall after such conviction offend and be thereof lawfully convict shall suffer imprisonment for the space of one whole year and be deprived ipso facto of all his spirituall promotions and that it shall be lawfull for all Patrons and Donors of such Spirituall promotions to present or collate to the same as if the person or persons so offending were dead If any person be convicted the third time of the premisses he shall ipso facto be deprived of all his spirituall promotions and shall suffer imprisonment during life Any person that shall offend and be convicted inform aforesaid concerning any of the premisses not being beneficiall or having any spirituall promotion shall for the first offence after such conviction suffer imprisonment for the space of one whole year without Bail or Mainprise and for the second offence after lawfull conviction shall suffer imprisonment during life If any person shall doe or speak any thing in derogation of the book of Common-prayer or disturb or interrupt any Parson Vicar or other Minister in any Cathedrall or Parshi Church or Chappel in the celebration of the Common-prayer or ministration of the Sacraments or shall compell or cause any other Service to be celebrated being thereof lawfully convict shall for the first offence forfeit to the Queen c. the summe of one hundred Marks and for the second offence the summe of four hundred Marks and for the third offence he shall forfeit all his Goods and Chattels and suffer imprisonment during life If any person shall for the first offence be convict of the premisses in form aforesaid and shall not pay the sum to be paid by virtue of his conviction that instead thereof he shall suffer imprisonment for the space of 6. moneths without Bail or Mainprise and he that shall not pay for the second conviction shal suffer imprisonment for the space of 12. moneths without Bail or Mainprise Every person shall having no lawfull or reasonable excuse to be absent diligently and faithfully endeavour to resort to the usuall places where Common-prayer and such Service of God shall be used upon Sundayes and other dayes appointed to be kept holy and there abide orderly and soberly during the time of Common-prayer Preaching and other Service of God upon pain of punishment by censures of the Church and twelve pence to be levied by the Church-wardens to those of the poor of the Parish by way of distress The Ordinaries and all other Officers Ecclesiasticall as well in places exempt as not exempt within their Diocess have power and authority by this Act to correct and reform and punish by Church censures all who shall offend within their Jurisdictions The Justices of Oyer and Determiner or Justices of Assise in open and generall Sessions have power to hear determine and punish these offences yet so that every Arch-bishop and Bishop in their severall Diocesses by virtue of this Act may associate or joyn themselves with the said Justices No person shall be molested for any offences abovesaid unlesse he be indicted at the next generall Sessions next after such offences are committed All Lords of Parliament for their third offence shall be tried by their Peers Chiefe Officers of Cities and Boroughs have the like authority to hear and determine the offences aforesaid as the Justices of Assize and Oyer and Determiner have Arch-Bishops Bishops their Chancellors Commissaries Arch-Deacons and other Ordinaries having any peculiar Ecclesiasticall Jurisdiction have by virtue of this Act power in their Visitations Synods and elsewhere within their Jurisdictions to enquire and take the accusations and informations of all the offences aforesaid and to punish the same by Admonition Excommunication Sequestration or Deprivation and other censures in like form as heretofore has been used by the Queens Ecclesiasticall Laws Any person offending in the premisses and punished therefore by the Ordinary having a testimoniall thereof under the Ordinaries Seal shall not for the same offence be convicted before the Justices and likewise punished for the first offence by the Justices he shall not again receive punishment of the Ordinary Such Ornaments of the Church and of the Ministers shall be reteined Anno 5 Eliz. cap. 1. and be in use as was in this Church of England by authority of Parliament in the 2 year of the Reign of Ed. 6. untill other Order shall be taken by authority of the Queen with the advice of the Commissioners appointed and authorised under the Great Seal of England for causes Ecclesiasticall or of the Metropolitan of the Realm It was enacted That whatsoever person inhabiting in the Queens Dominions who by word or deed should maintain that the Bishop of Rome had any authority or jurisdiction in any of the
Third within less then three years after the death of S. Gregory did assume the title of Universal Bishop and Head of the Church but rather by the donation of Phocas who had no more right to give it then the Parliament had to give Henry the Eighth the Head of the Church of England nor had Phocas any colour of title to the Empire and have continued it ever since 4. S. Gregory in his 76. Epistle to the Emperor Maurice says Nunquid Neither S. Gregory nor his predecessors did claim superiority over Temporal Princes ego in hac re piissime Domine propriam causam defendo Do I herein defend mine own cause O gracious Lord And Dominus meus fuisti quando adhuc Dominus omnium non eras ecce per me servum ultimum suum vestrum respondebit Christus You were then my Lord when you were not Lord of all viz. the Empire behold Christ himself shall answer by me who am his and your meanest servant And when the Emperor Maurice had made a law That no Soldier should turn Monk until his warfare were ended Gâ—eg ad Manâ— Aug. lib 3. eâ— 61. Gregory disliked the law and gave the Emperor this sense of it Ego quidem missioni subjectus eandem legem per diversas terrarum partes transmitto quia lex ipsa omnipotenti Dec minime concordat ecce per suggestionis meae paginam dominis nunciavi utrobique ergo quae debui exolvi qui Imperatori obedientiam praebui pro Deo quid sensi minime tacui I being subject to your command have transmitted your Law to be published through divers parts 〈◊〉 2. ep 61. of the world And because the Law it self is not pleasing to Almighty God I have represented my opinion thereof to my Lords whereforee I have performed my duty on both sides in yielding obedience to the Emperor and not concealing what I thought for God And Boniface the First sent an humble supplication to Honorius desiring him by his authority to provide some remedy against the ambitious contention of the Clergy concerning the Bishoprick of Rome The Emperor Honorius at his request established Dist 92. cap. Eccle. cap. Victor a law That none should be made Bishop of Rome through ambition charging all Ecclesiastical Ministers to cease from ambition appointing moreover that if two were elected neither of them should be taken but the election to proceed further to another to be chosen by a full consent of voices as it is expressed dist 79. cap. Si duo If then S. Gregory himself were so zealous an opposer of Universal Bishop and Head of the Church and to that purpose introduced that sentence of Servus servorum Dei to deter all subsequent Bishops of Rome from such arrogance And if S. Gregory did acknowledge himself so humble a Subject to Maurice and that Boniface the First did petition Honorius by his authority to provide against the irregularities in the very election of the Bishop of Rome there was no such thing in these days as Cardinals and the Election of the Pope in the Conclave then sure in the days of S. Gregory and before neither did the Popes assume this title of Head of the Church nor a power of disposing and transferring Kingdoms at their pleasure But affirmanti incumbit probatio and let any man that affirms either prove either 5. That above one half of what is now called Britain did retain the Though S. Cregory were the first yet was he not the onely Converter of the English Saxons Christian faith notwithstanding the persecution of the Saxons is sufficiently evident if we consider Scotland and Wales which always retained Christianity since it was first planted Nor were the very Saxons themselves utterly destitute of Christianity For Berta the wife of Ethelbert King of Kent and daughter to the French King was tolerated to observe the rites of Christian religion with Bishop Luidhard and this was before that S. Gregory was excited or inspired to undertake to preach to the English Saxons It is true that Ethelbert after his own conversion did endeavor to Seld. Anae Anglo Brit. lib. 2. cap. 2. pag. 62. have planted the Christian faith both in the Kingdoms of Northumberland and the East-Angles with fair hopes of good success for a season but it took not effect for within a short time both Kings and Kingdoms forsook their Religion and apostated from Christ The Kingdoms of the West-Saxons and of the South-Saxons under Kingils their King who did unite the Heptarchy into a Monarchy were converted by the preaching Speed in the Kings of the West-Saxons an 611. Beda lib. 3. cap. 4 5. Idem lib. 3. cap 21. Speed in the Kings of the East-Angles an 636. of Berinus an Italian by the perswasions of Oswald King of Northumberland Oswald King of Northumberland was baptized in Scotland and Religion luckily planted in that Kingdom by Aidan a Scotish Bishop Penda King of Mercia was converted and Christened by Finanus Successor of Aidan by means of a Marriage with a Christian Princess of the Royal family of Northumberland Sigibert King of the East-Angles in whose days and by whose means Religion took root among the East-Saxons was converted and Christened in France 6. No sooner was the name of Christ preached but the English presently The zeal of our Ancestors upon their conversion with such fervent devotion and zeale consecrated themselves unto Christ that they took incredible pains in propagating Christianity in celebrating Divine service performing all functions and duties of piety building Churches and endowing them with rich livings so that there was not another Region in Christendom that could make reckoning of more Monasteries richly endowed yea and divers Kings there were that preferred a religious and Monastical life before their Crown and Kingdom So that many holy men also this Land brought forth which for their firm profession of Christian Religion constant perseverance therein and sincere piety were canonized Saints that it gave place to no Christian Province in this behalf And like as Britain was called by Porphyry a plenteous province of Tyrants so England may be truly named a most fruitful Island of Saints Camb. Brit tit Angl. Sax. 7. The Bishop of Derry in his book of the Just vindication of the Church The Popes universal power was not received under the English Saxon Kings before the Conquest of England pag. 57. does affirm that not any of the petite Saxon Kings or their Subjects though some of them indebted to S. Gregory for their Conversion and all of them much weakened by their sevenfold division for at first there was of seven Kings but only one who was a Christian namely the King of Kent neither was it any of his progeny who afterward did unite the Heptarchy into a Monarchy much less that any of the succeeding Kings of England or of Great Britain did ever make any solemn formal or obliging acknowledgment of
suffet imprisonment for six moneths without bail or mainprize And for the second offence shall suffer a years imprisonment and be deprived of all his spiritual promotions and for the third offence shall suffer imprisonment during life It was Enacted that the Justices of Oyer and Terminer and Justices of Assize should have power and authority in the open and general Sessions to hear and determin the offences committed against this Act yet so that every Archbishop and Bishop had liberty to joyn and associate himself to the said Justices of Oyer and Terminer or to the Justices of Assize All books called Antiphoners Missals Grails Portuasses Primers in Latine An. 3. 4. Ed. 6. Cap. 10. or in English and other books used for service in the Church saving such as are set forth by the Kings Authority shall be clearly abolished All Images graven painted or carved taken out of any Church or Chappel and the aforesaid books shall be defaced or openly burnt Such form and manner of making and consecrating of Archbishops and Anno 3 4. Ed. 6. Cap. 12. Bishops Priests and Deacons and other Ministers of the Church as by six Prelates and six other men of this Realm learned in the Law of God by the King to be appointed and assigned or by most of the number of them shall be devised for that purpose and set forth under the Great Seal before the first of April next coming shall be lawfully exercised and used and none other An Act for uniformity of Prayer and administration of the Sacraments An. 5. 6. Ed. 6. Cap. 1. in the English Tongue and that every person upon every Sunday and Holiday having no lawful cause to be absent do resort to his Parish-Church and they which refuse are to be punished by the censure of the Church and that all persons who shall be at any other common prayer or Sacraments shall for the first offence suffer Imprisonment for six moneths without bail or mainprise for the second Imprisonment during a whole year and for the third Imprisonment during life All the Sundays of the year the Feast of our Lord Jesus his Circumcision of the Epiphany of the Purification of the blessed Virgin of St. Matthew An. 5. 6. Ed. 6. Cap. 2. the Apostle of the Annunciation of the blessed Virgin of St. Mark the Evangelist of St. Philip and Jacob the Apostles of the Ascension of our Lord Jesus Christ of the Nativity of St. John the Baptist of St. Peter the Apostle of St. James the Apostle of St. Barthelomew the Apostle of St. Matthew the Apostle of St. Michael the Archangel of St. Luke the Evangelist of St. Simon and Jude the Apostles of All Saints of St. Andrew the Apostle of St. Thomas the Apostle of the Nativity of our Lord of St. Stephen the Martyr of St. John the Evangelist of the holy Innocents Munday and Tuesday in Easter-week Munday and Tuesday in Whitson-week are to be observed and kept for Holy days and none other And that every even or day next going before any of the aforesaid days of the Feasts of the Nativity of our Lord of Easter of the Ascension of our Lord Pentecost of the Purification of the Annunciation of the blessed Virgin of all Saints and of all the Feasts of the Apostles other then the Feasts of St. John the Evangelist and Philip and Jacob shall be kept for fasting days and none other Archbishops Bishops in their Dioces and all other having Ecclesiastical or Spiritual Jurisdiction may enquire of every person offending in the premises and punish every offender by censures of the Church and enjoyn him such penance as by the spiritual Judge shall be thought meet This Statute does not abrogate abstinence from flesh in Lent and Fridays and Saturdays or any day appointed to be kept by vertue of an Act made the second and third Ed. 6. Cap. 19. When any Holy day happens on the Munday the fast of that day shall be kept upon the Saturday immediately before and not upon the Sunday A view of the Reformation of Ed. 6. and of the lawfulness of it That the Book of commom Prayer Administration of the Sacraments The Reformation made by Ed. 6. was not meerly a civil sanction and other rites and ceremonies of the Church after the use of the Church of England was framed and composed by the Archbishop of Canterbury and certain of the most learned and discreet Bishops of the Land assembled to that purpose by the King is clearly expressed in the Preface to the Act of the 2. 3. Ed. 6. Cap. 1. The right that Christian Kings have to call and assemble Synods It is no new thing for Kings to assemble the Bishops and Church to redress and reform errors Councels and Convocations for the redress and reformation of errors and corruptions in the Church is properly the subject of another Treatise but that the Kings and supream Powers before Christianity under the old Law from Moses to Maccabees did always use it and that the first great Nicene Councel the second general Councel at Constantinople the third at Ephesus the fourth at Calcedon the fifth at Constantinople the sixth at Constantinople the seventh at Ephesus were all called by Christian Emperors is manifested by the Bishop of Winchester Andrews in the Sermon of the Right and Power of calling Assemblies nor were the general Councels convoked by Emperors but the Emperors and Kings did convoke and assemble Provincial and National Assemblies and Synods He shews that the Bishop of Syracuse in Sicily and Restitutus Bishop of London in Britain were summoned to a Synod in France by the Emperor Constantine ' Writ onely this was in the beginning of his Reign in the latter end of it in the thirtieth year of his Reign and the year before his death he called the Councel at Tyre and from thence removed it to Jerusalem and from thence called them to appear before himself at Constantinople After him Constans called one at Sardis Valentinian at Lampsacus Theodosius at Aquileia Gratian at Thessalonica Nay when the Emperors were professed Arrians even then did the Bishops acknowledge their power to call Councels came to them being called sued to them that they might be called came to them as Hosius to that of Arimine Liberius to that of Sirmium and that of Seleucia sued for them as Liberius to Constantius as Leo to Theodosius for the second Ephesine Councel Innocentius to Arcadius and sometime they sped as Leo and sometime not as Liberius and Innocentius and yet when they sped not they held themselves quiet and never presumed to draw themselves together of their own heads After the Empire fell in pieces and the Western Empire fell into the hands of Kings in Italy Theodoric called one at Rome Alaric at Agatha In France Clowis the first Christian King there called one at Orleans Childebert at Auvern Theodebert called another at Orleans and Cherebert at Toures And
Queen Mary to be born in lawful Matrimony and all sentences Stat. An. Pri. Cap. 1. sess 2. Mariae of divorce to the contrary repealed particularly the sentence of Thomas Cranmer Archbishop of Canterbury touching the Kings marriage with Queen Katherine and the two Acts of Parliament of the 25 H. 8. 22. 28 H. 8. 7. confirming the same A Repeal of the Statute of 1 Ed. 6. 2. made against such as speak unreverently St. An. Pri. Ma. sess 2. Cap. 2. of the body and blood of Christ and of the Statute of 1 Ed. 6. 2. touching Election of Bishops and the 2 Ed. 6. 1. concerning the uniformity of service and administration of the Sacraments and of 2 Ed. 6. 21. made to take away all positive Laws ordained against the marriage of Priests and of the 3 Ed. 6. 10. made for the abolishing of divers books and Images and of the 3 Ed. 6. 12. made for the ordering of Ecclesiastical Ministers and of the 5 Ed. 6. 1. made for the uniformity of common Prayer and Administration of Sacraments and of the 5 Ed. 6. 3. made for the keeping of Holy days and Fasting days and of the 5 Ed. 6. 12. touching the Marriage of Priests and legitimation of their children All such divine service and administration of Sacraments as were most commonly used in England in the last year of H. 8. shall be used through the Realm after the 20 day of December Anno Dom. 1553. and no other kinde of service nor administration of Sacraments It is Enacted That if any person or persons of their own power and authority after the 20. of December shall willingly and of purpose by open or St. An. 1 Mariae Sess 2. Cap. 3. overt word fact c. maliciously or contemptuously neglect vex or disturb c. any Preacher or Preachers licensed allowed or authorized to Preach by the Queens Highness or by any Archbishop or Bishop of this Realm or by any other lawful Ordinary or by either of the Universities of Oxford or Cambridge or otherwise lawfully authorized by reason of his Cure or Benefice c. in any open Sermon Preaching or Collation in any Church Chappel or Churchyard c. Or if any person shall wilfully disturb c. any Parson Vicar Parish-Priest Curat or other lawful Priest saying or celebrating the Mass or other divine service sacraments or sacramentals as was commonly frequented and used in the last year of H. 8. or afterward should be allowed and set forth or authorized by the Queen Or if any person shall contemptuously unlawfully or maliciously deface spoil abuse or unreverently handle or order the most blessed comfortable and holy sacrament of the body and blood of our Lord and Saviour Jesus Christ commonly called the Sacrament of the Altar being in any Church Chappel or other decent place or the Piece or Canapy wherein the same Sacrament is or shall be or pull down deface spoil or otherwise break any Altar or Altars or any Crucifix or Cross in any Church Chappel or Churchyard That then every such offender his ayders and abettors shall be apprehended c. by the Constable or Churchwarden of the place wherein the said offences shall be committed Which persons so apprehended c with convenient speed shall be brought and carried to any Justice of Peace within the said Shire c. where the said offence shall be committed and the said Justice of Peace upon due accusation shall forthwith commit the said person or persons to safe custody as by the discretion of the said Justice shall be thought meet and within six days next after such accusation the said Justice with other Justices of Peace in the said Shire City c. shall diligently examine the acts and offences aforesaid And if two of the said Justices of Peace shall upon examination finde the person or persons so accused guilty of any of the said offences by two sufficient witnesses or by confession the said Justices of Peace shall commit the person or persons so accused to the Gaol of the County City Burrough c. where the said offences were committed without bail or mainprize by the space of three moneths and further to the next quarter sessions to be holden in the said shire city burrough c. next after the end of the said three months which quarter sessions the party offending upon his repentance and reconciliation shall be discharged out of prison upon sufficient security for his good behaviour for one whole year but if he or they will not repent and be reconciled then to be committed again to the said Gaol there to remain until he or they shall repent and be reconciled for their offences If any person shall receive the offendor or disturbe the arrest he shall forfeit to the Queene her Heires and Successors for every such offence the summe of five pounds If any offendor bee not taken but escape hee shall forfeit to the Queene for every such escape five pounds The Justices of Peace Justices of Assize Justices of Oyer and Terminer all Mayors Bayliffs Justices of Peace within any City Borough or Town-corporate have power and authority to enquire into heare and determine the offences and misdemeanors aforesaid and to set fines and amerciaments therefore This Act doth not take away any authority jurisdiction c. of Ecclesiasticall Lawes then in force This Statute repeales all Statutes made against the Church of Rome particularly Anno 1 2 Phil. Mar. cap. 8. the Statute of 21 H. 8. 13. made against plurality of Benefices taking of Farmes by Spirituall men and non residence The Statute of 23 H. 8. 9. That no person shall be cited out of his Diocess wherein he or she dwelleth except for certain cases Stat. 24 H. 8. 12. That Appeals in such cases as had been proved in the See of Rome should not from henceforth be had nor used but within this Realm Stat. 25 H. 8. 19. entituled The submission of the Clergy to the Kings Majesty Stat. 25 H. 8. 20. concerning restraints of Payments of Primates and First-fruits of Arch-bishopricks Bishopricks to the See of Rome Stat. 25 H. 8. 21. concerning the exoneration of the Kings Subjects from exactions and impositions before that time paid to the See of Rome and for having licences and dispensations within this Realm without suing further for the same Stat. 26 H. 8. 1. concerning the Kings being supreme head of the Church and to have Authority to reform and redresse all errors heresies and abuses in the same Stat. 26 H. 8. 14. for nomination and confirmation of Suffragans within this Realm Stat. 27 H. 8. 15. whereby the King should have power to nominate 32. persons of his Clergy and Lay Fee for making Ecclesiasticall Lawes Stat. 28 H. 8. 10. Extinguishing the Authority of the Bishop of Rome Stat. 28. H. 8. 16. For release of such as then had obtained pretenced licences and dispensations from the See of Rome Stat.
28. H. 8. 7. for the establishment of the succession of the Imperiall Crown of this Realm that concerneth a Prohibition to marry within the Degrees expressed in the said Act. Stat. 31 H. 8. 9. authorising the King to make Bishops by his Letters Patents Stat. 32 H. 8. 38. concerning precontracts of Marriages and touching degrees of consanguinity Stat. 35 H. 8. 3. for ratification of the Kings Stile The corporall oath made in the Stat. of 35 H. 8. 1. that every Subject of this Realm should be bound to take against the power authority and jurisdiction of the See of Rome Stat. 37 H. 8. 17. That the Doctors of the Civill Law which were married might exercise Ecclesiasticall jurisdiction So much of that Statute of the first Ed. 6. 1. as contains certain Provisions Pains Penalties and Forfeitures for and against such as should by open preachings expresse words sayings writing printing overt-deed or act affirme or set forth That the King of this Realm for the time being is not or ought not to be the supreme head in earth of the Churches of England and Ireland nor of any of them or that the Bishop of Rome or any other person or persons other than the K. of England for the time being is or ought to be supreme head of the same Churches or any of them as in the said Act more at large may appear It is enacted that these clauses and other of the foresaid Act concerning the Supremacy and all and every branch article words and sentence in the same sounding or tending to the Derogation of the supremacy of the Popes Holiness or the See of Rome and all pains penalties and forfeitures made against them that should by any means set forth or extol the said Supremacy should from thenceforth be utterly void It did moreover generally repeal all clauses sentences and articles of every other Statute made since the 20 H. 8. against the supreme authority of the Popes Holiness or See Apostolick of Rome The Lords Spirituall and Temporall and Commons professing themselves reduced and received by their Majesties intercession to the unity of Christs Church and obedience of the Apostolick See of Rome and the Pope governing the same did make humble suite to their Majesties to be Intercessors that by authority of the Popes Holiness and by the ministration of Cardinall Poole by dispensation tolleration or permission respectively as the case shall require be abolished these Articles following and generally all others when any occasion shall so require may be provided for and confirmed 1. That all Bishopricks Cathedrall Churches Hospitalls Colledges Schooles and other such foundations now continuing made by authority of Parl. or otherwise established according to the order of the Lawes of this Realm since the Schisme may be confirmed and continue for ever 2. That Marriages made infragradus Prohibitos consanguinitatis affinitatis cognationis spiritualis or what might be made void propter impedimentum Publicae honestatis justitiae or for any cause prohibited by the Canons only may be confirmed and children born of those Marriages declared legitimate so as those Marriages were made according to the Lawes of the Realm for the time being and be not directly against the Lawes of God nor in such case as the See Apostolick hath not used to dispence withall 3. That institution of Benefices and other promotions Ecclesiasticall and dispensations made according to the form of the Act of Parliament may likewise be confirmed 4. That all Judiciall Processes made before any Ordinaries of this Realm or before any Delegates upon any Appeals according to the order of the Lawes of this Realm may likewise be ratified and confirmed 5. That the Lands and Goods of Bishopricks Monasteries Chanteries c. dispersed abroad to sundry persons by gift exchange purchase c. according to the Lawes of the Land for the time being shall so continue It was enacted that the title of supreme head of the Church never was nor could be attributed to by any King or Governor It was enacted that all Bulls Dispensations and Priviledges obtained before the 20 year of H. 8. or any time since of the See of Rome and not containing matter prejudiciall to the Imperiall Crown or Lawes of this Realm should be put in execution This Statute did restore the Pope and Apostolick See together with the Jurisdiction the Bishops had in the Realm to all the Authority they had before the 20 of H. 8. It is a very remarkable thing that this Statute does affirme that nothing done or moved in this Statute should be prejudicall to the Liberties of the Crown before the 20 of H. 8. and that the Statute of 24 H. 8. 12. and the Statute of 25 H. 8. cap. 20. which takes away all Ecclesiasticall Jurisdiction from the Pope and vests it in the King should be but declaratory of the ancient and common Law of this Land See Coke de jure Regis Ecclesiastico 28. a. b. 31. one of these must necessarily be false Thus did Queen Mary restore by Parl all the Papall Jurisdiction which Description of Queen Mary was exercised before the 20 of Henry the 8. and would have restored all the Abbey and Chantery Lands taken away by her Father and Brother had it been in her power but many alienations descents and purchases having been made of them she was not able to performe it being a Princess no doubt wondrous free from sacriledge zealous and constant in her Religion mercifull when her Religion was not concerned and just Her mercy appears in her not only pardoning all the Councell who had subscribed to her disinheriting but it was thought she would not have taken away the life of the Lady Jane although guilty of so high a crime as having actually invaded the Crown if the Duke of Suffolk her Father formerly pardoned by the Queens meer grace had not most unjustly and unthankfully excited her Subjects against her which together with Wiats Rebellion for her own security did necessitate her for her own security to execute her Her justice appears in this the Lord Sturton having been at variance with one Hargill and his Son Gentlemen knocked the poor Gentlemen on the head and after cut their throats and buried their bodies in a Pit 15. foot deep hoping this villainy would never come to light or if it did he assured himself of the Queens favour being zealously addicted to the Popish Religion which did him not good for the Queen abhorred and rejected all mention of Pardon for him only he had this grace that the other Murderers were hanged in a hempen but he in a silken halter Ecclesiasticall Lawes made in the Reign of Queen Elizabeth IT is declared that in the Reign of H. 8. divers good Lawes and Statutes Anno 1. Eliz. cap. 1. were made as well for the utter extinguishing of all usurped and forrein Powers and Authorities of this Realm and other her dominions and Countries as also for the restoring and
shall incur any forfeiture or losse for travelling or making appearance accordingly Every person so restrained as aforesaid shall be bound to yeeld their bodies to the Sherif of the County upon Proclamation in that behalfe made nor shall incurre any penalty for so doing If any person which shall offend against this Act shall before he be thereof convict come to some parish Church on some Sunday or Festivall day and then heare divine Service and at Service time or at the reading of the Gospell make open submission and declaration of his conformity to the Queenes Lawes as hereafter is declared that then every such offendor shall be cleerly discharged The forme of the submission is I A. B. doe humbly confesse and acknowledge That I have grievously offended God in contemning her Majesties godly and lawfull government and authority by absenting my selfe from Church and from hearing Divine Service contrary to the godly Lawes and Statutes of this Realm and am heartily sory for the same and doe acknowledg and testifie in my Conscience That the Bishop or See of Rome hath not or ought to have any power or authority over her Majesty or within any of her Majesties Dominions or Realmes And I do promise and Protest without dissimulation or any colour or meanes of dispensation That from henceforth I will from time to time obey and performe her Majesties Lawes and Statutes in repairing to Church and hearing Divine Service and doe my utmost endeavor to maintain and defend the same The Minister or Curate of every parish where such submission shall bee made shall presently cause the same to be entred into a booke to be kept in every Parish for that purpose and within ten dayes after shall certifie the same to the Bishop of the Diocess Every offendor that shall after such submission relapse and become Recusant in not repairing to Church to heare Divine service as aforesaid shall lose all benefit he might have enjoyed by such submission Every woman married shall be bound by every article branch and matter contained in this Act other then the branch or article of abjuration nor shall any woman married be compelled to make abjuration Of the Reformation made by Queen Elizabeth QUeen Mary dying upon the 17. Novemb. 1558. the same day both The Pope did reject the Queen before the Queen rejected the Pope Houses of Parliament without any contradiction did acknowledge and receive Elizabeth to be the true and undoubted Heir to the Crown of England and without delay with sound of Trumpet dissolved the Parliament for that being called by Queen Mary could have no being or continue after her death The Queen caused an account to be given of her assumption to the Pope who was Paulus Quartus with letters of Credence to Sir Edward Cerne who was Ambassador to her Sister and not departed from Rome But the Pope was so far from acknowledging her that he answered that that Kingdome viz. of England was held in Fee of the Apostolick See that she could not succeed being illegitimate that he could not contradict the Declaration of Clement the Seventh and Paul the Third that it was a great boldness to assume the name of Government without him that for this she deserved not to be heard in any thing yet being desirous to shew a fatherly affection if she will renounce her pretensions and refer her self wholly to his free disposition he will doe whatsoever may be done in the honor of the Apostolick See * And afterwards he commanded Sir Edward Hist conc Trint 411. Cerne who had continued Ambassador at Rome for Henry the Eighth Queen Mary and then for Queen Elizabeth to lay down his office of Ambassador that I may use his own very words sayes the Author by force of a Mandat made by Lively voice from the Oracle of our most Holy Lord the Pope by virtue of holy obedience and under pain of the greater Excommunication and also of losse of all his goods that he should not depart out of the City but undertake the Government of an Hospitall of the English * It is true Indeed that Pius 4. a man of much more moderate disposition Camb. Eliz. Keg Pag. 28. then his Predecessor did in the year 1560. by Letters sent by Vineentius Parpalia Abbot of St. Saviours to her full of humanity not only acknowledge her Queen of England and invited her to return into the bosome of the Church but also as the report went promised to recall the sentence pronounced against her Mothers Marriages as unjust to confirme the book of Comon-prayer in English by his authority and to permit the use of the Sacrament in both kinds to the People of England in case she will joyn her self to the Church of Rome and acknowledge the Primary of the Roman See * And afterwards in the year 1561. in Letters full of affection by Abbot Camb. Eliz. Reg. 58. 59. Martinego he invited her to the Councell of Trint Camb. Eliz. Reg. 68. 69. but matters were so far thrust off the hinges that not only Parpalia returned without any fruit but Martinego was denied access into England Not only the Arch-bishop of York but all the other Bishops except The Bishops except Carlile refuse to crown her Carlile did refuse to Crown the Queen both because she had been instructed in the Protestant Religion and because she had forbidden the Archbishop of York a little before he was to celebrate Divine service to elevate the Host for adoration and had suffered the Letany with the Epistles and Gospel to be used in the popular tongue It is no wonder therefore if the Parliament which happened immediately after and the Commons especially who once usually swayed only by passion and affection and much averse from the Religion of the Church of Rome did endue the Queen with such plentifull power as to make her supreme Governor the title of Head was waved in all causes as well Spirituall as Temporall This power the Queen well understanding what advantage would be How far the Queen did declare her Power in Ecclesiasticall matters made thereof by her adversaries did by Proclamation and after by her Injunctions declare that she took nothing upon her more then what anciently of right be longed to the Crown of England to wit that she had supreme power and jurisdiction under God over all sorts of people within the Kingdome of England whether they be Ecclesiasticall or Lay persons and that no forrein Power hath or ought to have any jurisdiction or authority over them Camb. Eliz. Reg. 39. 40. In the 37. Article of the Church of England she declares We give to How far the Church of England declares the Prerogative of Princes Our Princes that Prerogative which we see in holy Scripture alwayes given to all godly Princes by God himself to rule all estates and degrees of men committed to their charge by God whether they be Ecclesiasticall or Temporall and to restrain
shall retain in service see or livery any person which shall forbear to goe to some usuall place of Divine service by the space of a moneth shall forfeit for every such moneth he knowing the same the summe of ten pounds This Act shall not extend to punish any person for maintaining relieving or harbouring his Father or Mother wanting without fraud any other habitation or sufficient maintenance or the ward of any person committed by authority to the custody of any by whom they shall be so relieved maintained or kept The Sheriff or other Officer upon lawfull Writ Warrant or Processe to him awarded to take or apprehend any Popish Recusant standing excommunicated for recusancy may break open the house where any such person excommunicated shal be or raise the power of the County for apprehending such person Every offence committed against this Act may be heard and determined before the Justices of the Kings Bench and Justices of Assize And all offences other than Treason shall be enquired heard and determined before the Justices of Peace in their next Generall and Quarter-sessions No attainder of Felony by this Act shall extend to forfeiture of Dower or corruption of blood The Defendant in any action commenced or brought against him by virtue of any thing in this Act may plead to the generall Issue by an Evidence that shall prove his doings or proceedings warrantable by this Law This Act nor any thing contained therein is said not to extend to take away or abridge any authority or jurisdiction of Ecclesiasticall censures No person shall be charged in any penalty by force of this Act which shall happen for the wifes offence in not receiving the Sacrament during her Marriage nor any woman shall be charged with any penalty for not receiving during Marriage In all cases where the Bishop or Justices of Peace by virtue of this Act may take of any Subject not a Nobleman this oath above mentioned The Lords of the Privie Councell or any 6 of them where of the Lord Chancellor Lord Treasurer or principle Secretary to be one have authority to require the same at any time of any Noble-man or Noble-woman being above the age of 18. years and if such Noble-man or Noble-woman other then the woman married refuse the same they shall incurre the penalty of a Premunire Where any person shall pass out of the Cinque-Ports or any member thereof to any parts beyond the seas to serve any foreign Prince State or Potentate the Lord Warden of the Cinque-Ports for the time being or any person by him appointed have power to take bond and minister this oath to such passengers If any man discover any Recusant or other person which shall entertain or Stat. Annn. 3 Jac. cap. 5. relieve any Jesuit Seminary or Popish Priest or shall discover any Mass to have been said and the persons which were present and the Priest or any that were present within three daies shall not only be freed from any penalty but shall have the third part of the forfeiture of all such summes of money goods and chattels which shall be forfeited for such offence if the forfeiture exceed not 150 l. if it doth exceed 150 l. then the discoverer to have 50 l. and the discoverer after conviction of the offendor shall have a certificate from the Judges or Justices of Peace before whom such conviction shall happen to be directed to the Sheriffe or other Officer that shall seize the goods commanding him to pay the same accordingly No Popish Recusant shall come into the house where the King or the Heir apparent shall be unlesse commanded by the King or by Warrant from the Lords of the privy Councell upon penalty of one hundred pound the one moity to the King the other to the discoverer who will sue for the same in any Court of Record where no Essoine Protection or Law Gager shall be allowed All convicted Popish Recusants dwelling in London or within five miles within three moneths after the Session of Parliament shall depart out of it and not dwell within ten miles and deliver up their names to the Lord Major if they dwell in London and if such Recusant shall dwell within ten miles of London to deliver up his name to the next Justice of Peace within fourty dayes after the Session of Parliament upon the penalty of one hundred pounds the one halfe to the King the other to him who will sue as aforesaid All Recusants which shall dwell or remain in London or within ten miles thereof shall within ten dayes after indictment or conviction depart out of the said compass and deliver up their names to the Lord Mayor In case the said Recusant shall dwell in any County within ten miles of London then within ten daies after conviction or indictment shall give up his name to the next Justice of peace the person offending shall forfeit one hundred pounds the one halfe to the King the other to the Informer as aforesaid Tradesmen Recusants who have no other habitation may continue within London and the compass of ten miles This Act repeals that branch of the 35 Eliz. cap. 2. touching licence of Recusants to remove or pass above five miles from their place of abode The King or three or more of the Privy Councell under their hands may licence a Recusant to travell out of the compass of five miles So may four Justices of Peace of the County with the privity of the Bishop of the Diocesse in writing or of the Lieutenant or any of the Deputy Lieutenants the party taking his corporall oath that he truly informes them of the cause of his journey and making no causless stayes No convict Recusant shall practise the Common Law as a Councellor Clerk Atturney or Solicitor nor shall practice the Civill Law as Advocate or Proctor nor practise Physick nor be an Apothecary nor shall be Judge Minister Clerk or Steward of any Court nor keep any Court nor shall be Register or Town-clerk or other Minister or Officer in any Court nor shall bear Office as Captain Lieutenant Corporall Sergeant Auncient-bearer or other Office in Camp Troop Band or Company of Souldiers nor bear any office in any Ship Castle or Fortresse of the Kings upon penalty of one hundred pounds to be forfeited as aforesaid No popish Recusant convict or having a Wife convict shall bear any publick office in the Common-wealth Every married woman being a Recusant convict her husband not being convict shall forfeit 2. third parts of her Joynture and Dower during her life and be made uncapable of being Executrix or Administratrix to her husband Every Popish Recusant convict shall be deemed as a person excommunicated so long as he continues not conformable and not come to Divine service and receive the Sacrament and take the oath appointed by this Parliament in the first chap. Yet such Recusant may sue for such of his Lands Tenements c. and for the profits thereof which are not
said Justices of peace or any of them or shall hinder or disturb any such Justices or any person authorised by them to seize the same shall forfeit all such armour and amunition to the King and beimprisoned by warrant from any of the Justices of the County during the space of three moneths without bayl or mainprize This Act nor any thing therein shall not abridge the authority and jurisdiction of Ecclesiasticall censures See Statute 6 anno 7 Jacobi who shall take the oath of obedience to the King and by whom it shall be ministred and within what time If any married woman being lawfully convict as a popish Recusant for not coming to Church shall not within three moneths after such conviction conform her self and repair to Church and receive the Sacrament according to Law then shall shee be committed to prison by one of the Kings Privy Councell if she be a Baroness or if she be under that degree by two of the Justices of the peace of the County whereof one of the Quorum without Bail or Mainprise untill she conform her self to come to Church and receive the Sacrament unlesse the Husband shall pay to the King ten pounds a moneth or the third part of his Lands and Tenements so long as the Wife remaining out of prison shall continue a convicted Recusant during which time and no longer she shall have her liberty If the giving of the temporall powers cognizance of crimes meerly spirituall Annot. be objected to Edw. 6. Queen Elizabeth and King James I think no man will undertake to answer for all things done by men yet thus much may be answered that it was no new thing for the Statute of 2 H. 5. cap. 7. gives Justices of peace and Justices of assise full power and authority to enquire of these who hold Errors Heresies and Lollardy and of their maintainers and that the Sheriff and other Officers may arrest and apprehend Anno 1. Sess 2. cap. 2. them and that this was done by Queen Mary See Mary Of King James AS there was never any Prince who had a more clear and undoubted King James his Title and Reception right and title to the English Diadem then King James for besides that he was Heir to both Houses of York and Lancaster as is most truly acknowledged by both Houses of Parliament Anno 1. cap. 1. Jac. he was derived by a long descent of Royall Ancestors from Malcolm Conmor or Cammore King of the Scots and the Lady Margaret being the name of her from whom the united Title of both Houses of York and Lancaster descended upon him Sister and sole Heir of Edgar Atheling Son and Heir of Edward eldest son of Edmond surnamed Ironside so that all titles as well of right of blood as of conquest might so truly be ultimately resolved into him that in the whole world no just exception could be taken against them so never was any Prince received with so little opposition and contradiction by all sorts of his Subjects both in England and Ireland where all those long rebellions and commotions did expire with Queen Elizabeth and in both Kingdomes all became so pacate and calme that during all his Reign in neither Nation was any sword drawn in opposition to him There was such havock made in the Reign of H. 8. Ed. 6. of all Church His care of the Church Lands upon pretence forsooth of Reformation that to stay it there was a Law made in the first of Queen Eliz. cap. 19. that all Gifts Grants Feofments Fines and other Conveyances made by any Arch-bishop or Bishop of any Honours Castles Manors Lands Tenements or other Hereditaments being parcell of the possession of his Arch-bishoprick or Bishoprick or united or appertaining or belonging to any of the same to any person other then the Queen her Heirs and Successors whereby any Estate should or might pass from the Arch-bishop or Bishop other then for the term of 21 years or three lives reserving the old Rent or more shall be utterly void Cambden Eliz. Reg. pag. 36. takes notice of the great abuse made by the Courtiers of that clause or exception of the Queen c. And indeed William of Burley had by the Queens permission so gelt the Bishoprick of Ely by virtue of this clause that it lay void above twenty years before any man of abilities or honesty would take it so pol'd and maimed although some were conunitted to prison for refusing of it But King James as his first and chiefest care by an Act of Parliament in the first year of his Reign cap. 3. made a Law that all assurances afterward made to the King of any of the Lands of Arch-Bishops or Bishops should be void so that the rapine and prey made upon the Church was first restrained totally by him King James was not only a devout observor of the Government Rites His care of Religion and Ceremonies of the Church of England but made it one of his chiefest cares to have brought an Uniformity as well in Scotland as in England and proceeded so far as to settle Episcopacy among them naming thirteen new Bishops for so many Episcopall Sees as had been anciently in that Church three of which received consecration from the Bishops of England and conferred it on the rest of their Brethren at their comming home Which Bishops he armed also with the power of an High Commission the better to keep down the insolent and domineering spirit of the Presbyterians In order to the other he procured an Act to be passed in the Assembly at Aberdeen 1616. for composing a Liturgy and extracting a new book of Canons out of the scattered Acts of their old Assemblies At the Assembly held at Perth anno 1618. he obtained an Order for the receiving the Communion kneeling for the administring Baptisme and the Lords Supper in private houses in cases of extreme necessity for Episcopall confirmation and finally for the celebrating the Anniversaries of our Saviours birth his Passion Resurrection and Ascension and the coming down of the Holy Ghost all which he got confirmed in the following Parliament So far did this wise King advance the work of Uniformity before his engaging in the cause of the Palatinate his breach with Spain and the warre which issued thereupon did divert his thoughts To his peacefull disposition and his care of the Church and Religion His great learning and clemency in the next place may be truly added his great abilities in learning so far transcending not only the Kings of the present age his contemporaries but all his predecessors and surely scarcely to be paralled by any of his time as his many learned works testifie To these other virtues may be added a mind no wayes vindicative although sometimes transported with present passion yet of some small continuance that in person or estate he was never noted to punish any man rashly or extrajudicially And although he was no great lover
it is impossible they should receive their origination and first power from the Pacts and Contracts of Men For where there is no precedent humane Law obliging men can neither make Pacts Contracts or Gifts nor have any thing to give and contract for And to suppose that humane laws must precede and oblige men to thei Contracts and Pacts and that Contracts and Pacts must precede humane laws and give them their power is most manifestly absurd and contradictory THE CONTENTS of the Second Book Chap. I. HAving thus far treated of Rights and Laws which are the prime and efficient cause of all Humane Christian and Legal Society We in the first Chapter of this Book proceed to declare the Causes of all Society Chap. II. This Chap. shews the cause and end of Regal power Chap. III. Declares the attributes of it and incidently the causes of Magistrates power Chap. IV. Compares the three species of Government viz. Monarchy Democracy and Aristocracy wherein the excellency of Monarchy appears above either of the other as well by reason and experience as by the institution of God and consent of the world Chap. V. Shews the internal causes disposing men to sedition as well from the Party governing as from the Subjects or party governed Chap. VI. Declares the causes and attributes of the Fathers power And Chap. VII The causes and attributes of the Husbands power In this Chap. is demonstrated that though the Fathers and Husbands power be from the Law of Nature yet may the exercise of them be restrained by the Supreme power of any place without any wrong or prejudice to them which could not be done without a violence upon the Law of Nature if the Fathers and Husbands power were an institution of God and Supreme powers an institution of Man Chap. VIII Contains the causes and attributes of Despotical or the Masters power wherein is declared that if it be impossible for any man to make another his Master then necessarily is it impossible any man should make another his Prince or Soveraign Chap. IX Treats of the causes and attributes of Ecclesiastical power DEFINITIONS 1. SOciety Aristotle in lib. 1. Pol. cap. 5. truly defines to be made up of many What is Society divided parts or persons so that there must necessarily be Unum quid quod imparet alterum quod pareat 2. There are six sorts of Society First of Supreme powers and Subjects How manifold is the Society of Men. Secondly of Magistrates and those committed to their care or government and this is most properly called the Civitas especially where the Magistrates and those in their jurisdiction have a priviledged or exempted authority peculiar to them and not the same with that which is not contained in their jurisdiction Such are the Societies of our Civitates Boroughs and Corporations in England where the Magistrates jurisdiction is exempt and priviledged from the ordinary jurisdiction of Magistrates where these priviledges and immunities are not Thirdly of Husband and Wife and this Society the Greeks called Gamaca Fourthly of Fathers and Children which is called Patrica Fifthly of Masters and Servants which is called Despotica Besides these there is a sixth Society which is proper only to Christians viz. of Bishops Curates and Congregations committed to their charge 3. Potestas est jus imperiale in aliqua persona cujus praeceptum continet What is power rationem obedientiae 4. There are four kinds of Powers viz. Divine Humane or Natural Legal How many kinds of powers are there What is Divine power and Ecclesiastical 5. Divine power or right of Command is that power which is by highest right solely and originally in God and incommunicable to any Creature from whence all other Powers are mediately or immediately derived 6. Humane power is a right of Command created immediately by God or What is Humane power immediately derived from the Law of Nature 7. Legal power is a right of Command which is not immediately derived What is Legal power from any positive or natural law of God but from some Humane law 8. Ecclesiastical power is an institution of our Saviour and left to continue What is Ecclesiastical power What is force or Tyranny in the Church of Christ until his second coming to Judgment 9. Force or Tyranny is an usurpation of Command of any Creature or company of Creatures not created by any law of God or Man Nor is it the commanding of one alone which makes Tyranny the very Grecians could account the Athenian Thirty to be Tyrants and so could the Romans the Decemviri and Triumviri And no question but it was malice and spight which made the Grecians call all Kings Tyrants and both Romans and Grecians to make all Kings to be Ravenous creatures And all those Kings who abuse their power are by men usually called Tyrants not justly I find no such title given to Saul Ahab Ahaz Nabuchadnezzar but Wicked and Idolatrous often Nor is a Father or Husband less a Father or Husband if they abuse their powers because they have a right of Command 10. Dominion or Government is the exercise of Command by any Creature What is Dominion or Government or company of Creatures who have a right or no right of Command So that though all Government or Dominion be the exercise of Command yet is not all Government the exercise of Power as the Dominion or Government of Thieves Robbers and Pyrates c. is the exercise of Command who yet have no right of Command 11. All Power is Right but all Right is not Power as Jus Proprietatis How Potestas differs from Jus. Usufructuarium is Right not Power Common Notion ALl Created Powers are from the Law of Nature or Divine posisive Institution or Humane Laws THE SECOND BOOK CHAP. I. Of Society or the mutual offices of Commanding and Obeying 1. IF all Commanding and Obeying had To command and to obey is no humane artifice or invention been an Humane artifice or invention then was there a time when Men lived out of Society and in a parity or equal condition without commanding and obeying But there is no such time recorded in Sacred or Prophane history wherein Men lived so or when or who first invented or introduced these offices of commanding and obeying Besides we see that Arts and Sciences are received in one place and not in another and in the same place and by the same men at one time and neglected at another But at no time or place did ever men live out of society or commanding and obeying All commanding therefore and obeying is no Humane artifice or invention 2. If then there was never any man born but was born in subjection To command and to obey is natural and all subjection being in the predicament of relation which must suppose something commanding and if all things which are not artificial or invented are natural Then is it as evident as that Homo
at all So that it may be rather termed a Representative of the Free Corporations then a Representative of the Freeborn people of England The House of Commons therefore cannot be a Representative of the Freeborn people of England But suppose them the Representatives of the Freeborn people of this Nor the Supreme Authority of the Nation Nation yet cannot they be the Supreme Authority of it for no power can act beyond the power of its being I say therefore that no Representative can be supreme or superior to the cause of its being The House of Commons therefore cannot be granting it the Representative of the Freeborn people of this Nation the Supreme Authority of the Nation But if the house of Commons be not sent by the people and their Representatives Who creates them and by what right do they make a house of Commons Before we answer this Quaere wee will see of what sorts of men a house Of what sorts of men the house of Commons is compounded of Commons is compounded A house of Commons is compounded of three sorts of men viz. Knights of Counties Citizens sent by Cities and Burgesses of Corporations Barons of the Cinque Ports are the same thing differently expressed with Burgesses of Corporations Now that all Cities Burroughs Corporations and Cinque Ports are not so jure naturali nor by any inherent birthright but from their Charter which is nothing else but the Kings grant is so manifest that I think no man in his wits will deny But all Cities and Corporations are not alike in priviledges but more or less as they are impowred by their Charter or Grant of the King Some Corporations have Liberties Priviledges and are impowred to send Burgesses others have Liberties and Priviledges but not qualified to send Burgesses nay some Cities have Liberties and Priviledges but not endewed with this right of having Representative in the house of Commons as the Cities of Durham and Ely And as neither Cities nor Burroughs are endewed with these their Liberties What creates the house of Commons and Priviledges by any inherent birthright so neither are the Counties nor Inhabitants endewed with any right of sending Knights of their Counties by any inherent birthright for then had all the Counties a like right one as another and all the Inhabitans a like vote and they mighr create representatives as often as they should see occasion But all these are most evidently false for we have shewed before that not only the division of this Nation into Counties was an act of the Kings but all Counties are not alike endewed with this Priviledge some Counties in Wales sending but one and the County of Durham none at all Nor have all men a like vote in electing and yet as much subject to Laws made in Parliament as other men but men only who have 40 s. yearly freehold rent nor can these 40 s. a year men when they will send their representatives What then does impower these to send representatives Why let Sir Ed. Coke say Inst 4. p. 1. Knights of Shires Citizens of Cities and Burgesses of Burroughs are respectively elected by the Counties Cities and Burroughs by force of the Kings Writ So that the Kings Writ is the first and efficient cause of the pag. 28. house of Commons as well of the Knights as Citizens and Burgesses the Commons cannot begin nor be dissolved without the King in person or representation If then Rebellion be as the sin of Witchcraft as the Holy Ghost saies Annot. and if crimen lesae Majestatis be the highest crime and impiety as all Lawyers hold and if Gratitude be one the chief of all Moral virtues as all men hold for si ingratum dixeris omnia dixeris no man who is an ingrateful man but has rendred himself as if he had committed all manner of wickedness How impious then is it for men only from the Kings grace endewed with this high favor to convert it in opposition and derogation of that power and person from whence they originally received it But they say if the Commons did it then was it done by the people and so just and not to be questioned as if the people were not a thing to be governed and all as much subject to the King and Laws as every one or that a thing just or unjust in it self were more just or unjust because more or fewer did it Will any man say the crucifying of our Saviour was therefore just because many of the Jews did it or that a rout or riot is therefore lawful because done by many men or that it is not paricide or regicide if many Sons and Subjects kill their Parents and King As all the Members of both houses are created by the King so cannot The Parliament cannot begin but by the King these Members be formed into a body but by the King either by his Royal presence or representation By representation two waies either by a Guardian of England by Letters Patents under the great Seal when the King is in remotis out of the Realm or by Commission under the great Seal of Inst 4. p. 6. England to certain Lords of Parliament representing the person of the King he being within the Realm in respect of some infirmity This House is so far from being the Supreme Authority of the Nation The Jurisdiction of the Commons House that they are not a Court of Judicature nor can impose an Oath or take any mans Examination Yet Sir Ed. Coke says Inst 4. 28. that the House of Commons is to many purposes a distinct Court because he says they cannot be prorogued or adjourned but by its self yet gives no more It is true indeed that to many purposes among themselves they do judge their Members and Elections and have a Committee for Religion but these things are more of custom whether good or bad I cannot tell then of any original right that I know or ever heard of And Sir Ed. Coke Inst 4. 11. says They being the general Inquisitors of the Realm have principal care in the beginning of Parliaments to appoint Committees of Grievances both in Church and Commonwealth of Courts of Justice of Priviledges and of Advancement of Trade They have been wont too ever since the Statute de Tallagie non concedendo of course to grant the King Aids in extraordinary cases The House of Peers assisted as aforesaid are the Supreme Court of The Jurisdiction of the House of Lords Judicature in this Nation not only to judge whether matters presented to them by the Commons be fit or requisite for the King to pass into Laws as Monsieur Bodin well observes who disputes this better then any of our English Lawyers that I know of has done but also of Writs of Error and of matters of Fact either not determinable in other Courts or else when though they are determinable in other Courts yet in regard of nicety or
12. twenty nine Abbots and Priors for so many then were Lords of Parliament It is declared That where by divers sundry old authentique Histories and Chronicles it was manifestly declared and expressed that this Realm of England is an Empire and has been so accounted in the world governed by one Supreme Head and King having the dignity and Royal estate of the Imperial crown of the same unto whom a Body Politique compact of all sorts and degrees of people divided in terms and by names of Spirituality and Temporality been bound and ought to bear next to God a natural and humble obedience He being also institute and furnished by the goodness of God with plenary whole and entire power preheminence authority prerogative and jurisdiction to render and yield justice and final determination to all manner of folk resiants or subjects within this his Realm in all causes matters debates and contentions happening to occur insurge or begin within the limits thereof without restraint or provocation to any Forein Princes or Potentates in the world The body Spiritual whereof having power when any cause of Law Divine happened to come in question or of Spiritual Learning that it was declared interpreted and shewed by that part of the said body Politique called the Spiritual body then being usually called the English Church which always hath been reputed and also found of that sort that both for knowledge integrity and sufficiency of number it has been always thought and was also at that houre sufficient and meet of it self without the intermedling of any exterior person or persons to declare and determine all such doubts and to administer all such offices and duties as to the the rooms Spiritual did appertain For the due administration whereof and to keep them from corruption and sinister affection the Kings noble Progenitors and Antecessors of the Nobles of this Realm have sufficiently endowed the said Church both with honor and possessions And the Laws Temporal for trial of Property of Lands and Goods and for the conservation of the people of this Realm in unity and peace without rapine and spoil was and yet is administred adjudged and executed by sundry Judges and Ministers of the other part of the said Body Politique called the Temporalty And both their Authorities and Jurisdictions do conjoin together in the due administration of Justice the one to help the other This Statute does moreover affirm that Ed. 1. Ed. 3. Rich. 2. H. 4. and other Kings did make divers Laws Ordinances Statutes c. for the entire and sure conservation of the prerogatives liberties and preheminences of the said Imperial Crown and of the Jurisdictions Spiritual and Temporal of the same to keep it from the annoyance as well from the See of Rome as from other Forein Potentates and does make all Causes determinable by any Spiritual jurisdiction to be adjudged within the Kings authority All First-fruits and all contributions to the See of Rome by any Bishop St. 25. H. 8 cap. 20. were forbidden upon pain of forfeiture of all the goods and cattals for ever and all the Temporal lands and possessions of every Archbishoprick or Bishoprick during the time that he or they who offend contrary to the said Act shall possess and enjoy the said Archbishoprick or Bishoprick And that if any presented to the See of Rome by the King to a Bishoprick and he be there delayed he may be consecrated by an Archbishop in England and that an Archbishop presented to the See of Rome to be there consecrated and there letted may be consecrated by two Bishops of England And because the Pope hereof informed did not redress and reform the said exactions nor give answer to the Kings mind therefore the said Statute did prohibit any man to be presented to the See of Rome for the dignity of an Archbishop or Bishop or that any Annates or First-fruits be paid to the Bishop of Rome and that upon the avoidance of any Archbishoprick or Bishoprick the King his heirs and successors may grant to the Prior and Covent or Dean and Chapiter of the Cathedral Churches or Monasteries where the See of such Archbishoprick or Bishoprick shall happen to be void a Licence under the Great seal as of old time hath been accustomed to proceed to Election of an Archbishop or Bishop of the See so being void with a Letter missive containing the name of the person which they shall elect and choose and for default of such Election the King by his Letters Patents may nominate an Archbishop or Bishop and that every Archbishop Bishop to whose hands any such presentment or nomination shall be directed shall with speed invest and consecrate the person nominated and presented by the King his heirs and successors And if any Archbishop or Bishop Prior and Covent Dean and Chapiter shall for the space of twenty days next after such Licence or Nomination come to their hands neglect or shall execute any Censures Excommunications Interdictions c. contrary to the execution of any thing contained in this Act that then they incur the penalty of a Praemunire An act concerning the exoneration of the Kings subjects from exactions St. 25. H. 8. cap. 21. and impositions before that time paid to the See of Rome and for having Licences and Dispensations within this Realm without suing further for the same The King shall be reputed Supreme Head of the Church of England St. 26. H. 8. cap. 1. and have authority to reform and redress all Errors Heresies and abuses in the same Every Archbishop and Bishop disposed to have a Suffragan may elect 26 H. 8. c. 14. discreet Spiritual persons being learned and of good conversation and present them under their seals to the King making humble request to his Majesty to give to one of the two such title name stile and dignity of Bishop of such of the Sees as the King shall think fit and that every such person to whom the King shall give any such stile and title of the Sees abovenamed viz. the Towns of Thetford Ipswich Colchester Dover Gilford Southampton Taunton Shaftsbury Molton Marlborough Bedford Leicester Glocester Shrewsbury Bristow Penrith Bridgwater Nottingham Grantham Hull Huntington Cambridge and the Towns of Perth and Barwick S. Germans in Cornwal and the Isle of Wight shall be called Bishop Suffragan of the same See whereunto he shall be named and that every Archbishop and Bishop for their own peculiar Diocese may and shall give to every such Bishop Suffragan such Commissions as have been accustomed for Suffragans heretofore to have or else such Commissions as by them shall be thought requisite reasonable and convenient And that no Suffragan shall use any ordinary jurisdiction or Episcopal power otherwise nor longer time then shall be limited by such Commission upon pain of the penalties mentioned in the Statute of Provisions made the 16. of Rich. 2. The King shall have authority to name Thirty two persons sixteen
St. 27 H. 8. cap. 15. Spiritual and sixteen Temporal to examine the Laws and Constitutions heretofore made according to the Statute of 25 H. 8. 9. But no Laws or Constitutions shall be made without the Kings assent nor contrary to the Kings Prerogative or the Laws of the Land If any person shall extoll the Authority of the Bishop of Rome he shall 28 H. 8. c. 10. incur the penalty of a Praemunire provided Anno 16 Ric. 2. Every Ecclesiastical and Lay-Officer shall be sworne to renounce the said Bishop and his Authority and to resist it to his power and to repute any Oath taken in maintenance of the said Bishop or his Authority to be void And the refusing of the said Oath to be Treason Makes all Bulls and Dispensations from the Bishop or See of Rome to 28 H. 8. c. 16. any of the Subject of this Realm void The King may nominate such number of Bishops Sees for Bishops 31 H. 8. c. 9. Cathedral Churches and endow them with such possessions as he will 1. If any person by word writing printing ciphering or otherwise do preach teach dispute or hold opinion That in the blessed Sacrament 31 H. 8. c. 14. called the Statute of the Six Articles of the Altar under form of bread and wine after the consecration thereof there is not really the natural body and blood of our Saviour Jesus Christ conceived of the Virgin Mary or that after the said consecration there remains any substance of bread or wine or any other substance but the substance of Christ God and man Or that in the flesh under the form of bread is not the very blood of Christ Or that with the blood under the form of wine is not the very flesh of Christ as well apart as though they were both together Or affirm the said Sacrament to be of other substance then is aforesaid Or deprave the said blessed Sacrament Then he shall be adjudged a Heretick and suffer death by burning and shall forfeit to the King all his lands tenements hereditaments goods and chattels as in case of High Treason 2. Or if any person preach in any Sermon or Collation openly made or teach in any Common School or Congregation or obstinately affirm or defend That the Communion of the blessed Sacrament in both kinds is necessary for the health of mans soul or ought to be administred in both kinds Or that it is necessary to be received by any person other then by Priests being at Mass and consecrating the same 3. Or that any man after the Order of Priesthood received may marry or contract matrimony 4. Or that any man or woman which advisedly hath vowed or professed or should vow or profess chastity or widowhood may marry or contract marriage 5. Or that Private Masses be not lawful or not laudable or should not be used or be not agreeable to the Laws of God 6. Or that Auricular confession is not expedient and necessary to be used in the Church of God He shall be adjudged suffer death and forfeit lands and goods as a Felon If any Priest or other man or woman which advisedly hath vowed chastity or widowhood do actually marry or contract matrimony with another Or any man which is or hath been a Priest do carnally use any woman to whom he is or hath been married or with whom he hath contracted matrimony or openly be conversant or familiar with any such woman both man and woman shall be adjudged Felons Commissions shall be awarded to the Bishop of the Diocese his Chancellor Commissary and others to enquire of the Heresies Felonies and offences aforesaid And also Justices of Peace in their Sessions and every Steward Under-Steward and Deputy of Steward in their Leets or Law-day by the oath of twelve men have authority to enquire of the Heresies Felonies and offences aforesaid See the 7. Chap. of B. Bramhalls Just Vindication of the Church of England where he endeavours to shew that not only the Emperor the King of France nay and the King of Spain have in effect done the same things with Henry the Eighth upon occasion or at least plead for it although for their interests they have not continued the exercise of their Jurisdiction as the Kings of England have done A short view or reflexion upon Henry the Eight and his Reformation How zealous a Defender of the Pope and See of Rome Henry the Eight K. H. 8. a zealous defender of the Pope and Papacy was in the beginning of his Reign is evident by his book written against Martin Luther For not being born Henry the seventh's eldest son his Father being a wondtrful frugal Prince and observing good natural parts in him bred him up in literature and destinated him to the Archbishoprick of Canterbury as being the cheapest and highest preferment he could give him But his elder brother being dead and after him his father The King esteeming it a great honor to imploy himself in so famous a controversie as was then maintained by the Wits of Christendom in defence and opposition of the Church of Rome wrote a book of the Seven Sacraments defending also the Papacy and oppugned the Doctrine of Luther This thing was so grateful to the Pope that Leo 10. honored him with the Title of Defender of the Faith But after he had been married to his brothers wife above twenty years and inflamed with lustful affection to Anne Bullein a Paragon and Minion From what cause the King became estranged from the Pope of the Court he became he said troubled in conscience for having married his brothers wife and therefore desired that the Pope would examine the case and satisfie his scruple of conscience It is a very remarkable thing that this ungodly Dispensation of Julius 2. for H. 8. his marrying with his brothers wife should be the cause of the King and Kingdoms defection from the Papacy under Clement 7. The Pope to satisfie the King gave the Cardinals Wolsey and Campeius a power Legatine to hear and determine the validity or invalidity of the marriage but the Queen refusing to submit to their determination appealed from them to the Pope The Pope had now a Wolf by the ears whom he could neither keep nor well let go For in pronouncing the marriage void he feared to incense Charls the Fifth being Nephew to Queen Katherine and the most potent Prince in Christendom and in confirming it he feared to lose Henry the then most beloved Son of the Church and great Defender of the Papacy not only in writing but also in joining with and assisting the French King Francis the First for freeing him from captivity being a prisoner under Charls The Pope therefore desires the advantage of time and proceeds slowly towards a determination The King as impatient in his desires expects a sentence from the Pope which not being to be had he procures Instruments from the Universities of Cambridge Oxford and Paris together
after them Gunthramn Clowis Carloman and Pepin at Masscon first and second at Chalons That which is called Francia and that which is in Vernis Twenty of them at least in France In Spain by ten several Kings in two Councels at Braccara and in ten at Tolledo by the space of three hundred years together And how under what terms Peruse the Councel themselves their very acts spake Ex praecepto Imperio Jussu Sanctione Nutu Decreto Ex evocatione Dispositione Regis One saith Potestas permissa est nobis another facultas data est nobis a third Injunctu est nobis á rege and this for about eight hundred years after Christ Then arose another Empire here in the West under Charls the Great and he called six several Councils at Frankfort Arles Tours Chalons Mentz and Rhemes And what says he in them In that at Rhemes In conventu mere priscorum Imperatorum congregato à piissimo Domino nostro Carolo That he called that Convention by no other right then as the manner of the antient Emperors had been to do After him Ludovicus Pius Lotharius Ludovicus Balbus Carolus Calvus Carolus Crassus and Arnulphus at the several Councils of Aken Mentz Melden Wormes Colen and Tribur and so held it nine hundred years after Christ for about that year a year or two over or under was holden the Council at Tribur in Germany by the Emperors decree and himself President in it Nor are the Kings of England less absolute then either Emperors Kings of Spain or France And see B. Bramhalls Just Vindication of the Church of England cap. 7. how the Emperors Kings of France Spain and Portugal have by their own authority convened National and Provincial Councils which have not only determined without the Papal authority but very often in contradiction to it Nor are either the English or British Churches or ever were less free then the Gallicane the liberties whereof in the Chapter aforesaid are set down viz. 1. The Pope cannot command or ordain any thing directly or indirectly concerning any Temporal affairs within the Dominions of the King of France 2. The Spiritual authority and power of the Pope is not absolute in The priviledges of the Gallican Church France but limited and restrained to the canons and rules of the antient Councils of the Church and received in that Kingdom 3. No command whatsoever of the Pope can free the French Clergy from their obligation to obey the commands of their Soveraign 4. The most Christian King hath had power at all times according to the occurrence and exigence of affairs to assemble or cause to be assembled Synods Provincial or National and therein to treat not only of such things as concern the conservation of the Civil estate but also of such things as concern Ecclesiastical order and discipline in his own dominions and therein to make Rules Chapters Laws Ordinances and Pragmatique Sanctions in his own name and by his own authority Many of which have been received among the Decrees of the Catholique Church and some of them approved by General Councils 5. The Pope cannot send a Legate à latere into France with power to reform judge collate dispence or do such things accustomed to be specified in the autoritative Bull of his Legation except it be upon the desire or with the approbation of the most Christian King Neither can the said Legate execute his charge until he hath promised to the King in writing under his oath upon his holy Orders not to make use of his Legantine power in the Kings dominions longer then it shall please the King and that so soon as he shall be admonished of the Kings pleasure to forbid it he shall give it over And that whilst he doth use it shall be exercised conformable to the Kings will without attempting any thing to the prejudice of the Decrees of General Councils or the Liberties and Priviledges of the Gallicane Church and the Universities of France 6. The Commissions and Bulls of the Popes Legate are to be seen examined and approved by the Court of Parliament and to be registred and published with such cautions and modifications as that Court shall judge expedient for the good of the Kingdom and to be executed according to the said cautions and not otherwise 7. The Prelates of the French Church although commanded by the Pope for what cause soever it be may not depart out of the Kingdom without the Kings commandment or licence 8. The Pope cannot by himself or his delegates judge any thing which concerns the state preheminence or priviledges of the Crown of France nor any thing pertaining to it nor can there be any question or process about the state or pretensions of the King but in his Courts 9. Papal Bulls Citations Excommunications c. are not to be executed in France without the Kings command or permission and after permission only by the authority of the King and not by authority of the Pope to shun mixture and confusion of Jurisdictions 10. Neither the King nor his Realm nor his Officers can be excommunicated or interdicted by the Pope nor his Subjects absolved from their Oath of Allegiance 11. The Pope cannot impose Pensions in France upon any Benefices having cure of souls nor upon any others but according to the canons according to the express condition of resignation or ad redimendum vexationem 12. All Bulls and Missives which come from Rome to France are to be seen and visited to try if there be nothing in them prejudicial in any manner to the estate and liberties of the Church of France or to the Royal authority 13. It is lawful to appeal from the Pope to a future Council 14. Ecclefiastical persons may be convented judged and sentenced before a Secular Judge for the first grievous or enormous crime or for lesser offences after a Relapse which renders them incorrigible in the eye of the Law 15. All places of France are obliged to swear fealty to the King and to receive from him investitures for their fees and manors 16. The Courts of Parliament in case of Appeals as from abuse have right and power to declare null void and to revoke the Popes Bull and Excommunications and to forbid the execution of them when they are found contrary to Sacred Decrees the liberty of the French Church or the Prerogative Royal. 17. General Councils are above the Pope and may depose him and put another in his place and take cognisance of Appeals from the Pope 18. All Bishops have their power immediately from Christ not from the Pope and are equally successors of S. Peter and of the other Apostles and Vicars of Christ 19. Provisions Reservations Expective graces c. have no place in France 20. The Pope cannot exempt any Church Monastery or Ecclesiastical body from the jurisdiction of the Ordinary nor erect Bishopricks into Archbishopricks nor unite them nor divide them without the Kings licence 21. All those are not Hereticks
uniting to the Imperiall Crown of this Realm the ancient Jurisdiction Authorities Superiorities and Preheminencies to the same of right belonging and appertaining By reason whereof her most humble Subjects from the time of the 25 H. 8. were continually kept in good order and were disburdened of divers great and intollerable charges and vexations before that time unlawfully taken and exacted by such foreign Power and Authority as before that was usurped * And to the The Statute of 1 2 Ph. Ma. cap. 8. which restored to the Pope all which this Stat. takes away declares that nothing was done prejudiciall to the Crown in so doing intent that all usurped power Spirituall and Temporall might for ever be extinguished and never be used or obeyed in this Realm or any other her Majesties Dominions It was therefore by the Authority of that Parliament enacted That no forrein Prince Person Prelate State or Potentate Spirituall or Temporall should at any time after the last day of that Session of Parliament use enjoy or exercise any manner of Power Jurisdiction Authority Preheminence or Priviledge Spirituall or Ecclesiasticall within this Realm or within any other the Queens Dominions or Countries that then were or hereafter should be but from henceforth the same should be clearly abolished out of this Realm and all other her Dominions for ever And it was then also established and enacted That such Jurisdiction Priviledges Superiorities and Preheminences Spirituall and Ecclesiasticall as by any Spirituall and Ecclesiasticall Power or Authority had heretofore been or might lawfully be exercised or used for the visitation of Ecclesiasticall state and persons and for reformation order and correction of the same and of all manner of errors heresies schismes abuses offences contempts and enormities should for ever by authority of that Parliament be united and annexed to the Imperiall Crown of this Realm And that the Queen her Heirs and Successors Kings or Queens of this Realm should have full power and authority by virtue of that Act by Letters Patents under the Great Seal of England to assigne name and authorize when and as often as the Queen her Heirs and Successors shall think meet and convenient and for such and so long time as should please the Queen her heirs and successors such person or persons being naturall born Subjects to the Queen her heirs or successors as the said Queen her heirs or successors should think meet to exercise use occupy and execute under the said Queen her heirs and successors all manner of Jurisdictions Priviledges and Preheminences in any wise touching or concerning any Spirituall or Ecclesiasticall Jurisdiction within these Realms of England or Ireland or any other her Dominions and Countries and to visite reform redress order correct and amend all such errors heresies schismes abuses contempts and enormities whatsoever which by any manner spirituall or ecclesiasticall Power Authority or Jurisdiction could or might lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the encrease of virtue and conservation of the peace and unity of this Realm And that such person or persons so to be named assigned authorized and appointed by the said Queen her heirs and successors after the said Letters Patents to him or them made and delivered as is aforesaid should have full power and authority by virtue of that Act and of the Letters Patents under the said Queen her heirs and successors to exercise use and execute all the premisses according to the tenor and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding This Statute doth create the oath of Supremacy to be taken by all men who hold any Office or take from the Queen her heirs and successors any Fees or Wages within this Realm or other her Highnes Realms or Domiminions the form and tenor of it is I A. B. doe utterly testifie and declare in my conscience that the Queens Highness is the only supreme Governor of this Realm and all other her Highness Dominions and Countries as well in all Spirituall or Ecclesiasticall things or causes as Temporall and that no forrein Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiasticall or Spirituall within this Realm and therefore I doe utterly renounce and forsake all forrein Jurisdiction Powers Superiorities and Authorities and do promise that from henceforth I shall bear faith and true allegiance to the Queens Majesty her Heirs and lawfull Successors and to my power shall assist and defend all Jurisdictions Priviledges Preheminences and Authorities granted or belonging to the Queens Highness her Heirs and Successors or united and annexed to the Imperiall Crown of this Realm So help me God and the contents of this Book If any person dwelling or inhabiting within this Realm or any other of the Queens should within 30. dayes after the determination of the Session of that Parliament by Writing Printing Teaching c. maintain any forrein Power or Jurisdiction Ecclesiasticall or Spirituall or shall advisedly put in use any such forrein Power or Jurisdiction within any of her Highness Dominions he and his Aiders Abettors Counsellors c. shall forfeit to the Queen her Heirs and Successors all his goods and chattels as well reall as personall If any person so convict be not worth in Goods and Chattels the summe of 20 s. every such person upon conviction over and besides the forfeiture of his Goods and Chattels shall suffer imprisonment by the space of a whole year without Bail or Mainprise And that all and every the Benefices Prebends and other Ecclesiasticall promotions and dignities of every person spirituall so offending and being attaint shall be utterly void and the Patron and Donor may present as if the Incumbent were actually dead For the second offence the party offending shall incur the danger of a Premunire For the third offence after conviction and Attainder the party offending shall suffer death and forfeiture of all his Goods as in case of High Treason The offender must bee impeached for preaching teaching or speaking any thing against the Premisses within a yeere after such preaching teaching or speaking and if any person shall be imprisoned for preaching teaching or speaking against this Statute and if be not indicted within the space of one half yeer next after his offence that he be discharged and set at liberty No matter of Religion or cause Ecclesiasticall made by this Parliament shall be judged Error Heresie Schism or schismaticall opinion Such Persons as shall bee authorized by Letters Patents under the Broad-seale of England shall have jurisdiction power or authority spirituall to visite reform order or correct any errors heresies schisms abuses or enormities But by virtue of this Act they have not authority to determine or adjudge any thing to bee heresy but only such as heretofore have beene determined by Canonicall-Scripture or the 4 first generall Councells or any
Queens Realms or Dominions should incurre the danger of a Premunire If any man shall the second time maintain the Pope to have any jurisdiction or authority in any of the Queens Dominions it shall be Treason The Oath set forth in the first Eliz. cap. 1. shall be taken of all Ecclesiasticall Orders of all degrees in the University of School-masters Utterbarristers Benchers Readers Ancients Pronotaries Atturneys Philizers Sheriffs Escheators Feodaries Officers of the Common-Law Officers of any Court but none above the degree of a Baron may be compelled The Bishop may tender the oath to any spirituall person in his Diocesse The Lord Chancellor or Keeper shall direct Commissions under the Broad-seal to any person or persons giving them authority to minister the oath to any such persons as by the aforesaid Commission the said Commissioners shall be authorised to tender the oath unto Any person aforesaid refusing to take the Oath and being thereof legally convicted within one year shall for the first offence incur the danger of a Premunire and for the second shall suffer as in case of High Treason Every Knight Citizen Burgess or Baron for any of the Cinque Ports shall take the said Oath and in case of refusall shall be deemed no Knight Citizen Burgess or Baron It was enacted That if any person in the Queens Dominions should use Anno 13 Eliz. cap. 1. or put in use any Bull of absolution or reconciliation formerly had or afterward to be obtained from the Bishop of Rome his successors or any claiming under him or if any person shall by virtue of such Bull take upon him to grant or promise to any person any such absolution or reconciliation or if any person shall willingly receive such absolution or reconciliation or shall obtain from the Bishop of Rome any manner of Bull Writing or Instrument containing any thing whatsoever or shall publish any such Writing or Instrument shall be adjudged a Traitor The aiders comforters and maintainers of the offendors after offence shall incur the pains and penalties of a Premunire Every person to whom such Absolution Reconciliation Bull Writing or Instrument shall be offered moved or perswaded to be put in use and shall conceal such motion or perswasion and not disclose the same within six weeks following to some of the Queens Councell or to the President or Vice-President of the North parts or in the Marches of Wales shall incur the danger and penalty of a Premunire The bringers into the Realm or using any Agnus Dei Crosses Pictures Beads c. from the Bishop of Rome or any claiming authority from the Bishop of Rome to consecrate the same as well the parties bringing as the parties receiving shall incur the danger of a Premunire But if any person to whom such Agnus Dei c. shall be tendred shall apprehend the person tendring the same and bring him to the next Justice of Peace within the County where the said tender shall be made if it be in his power or for lack of ability shall within three dayes disclose the names of the person so tendring or his place of resort to the Bishop of that Diocess or to any Justice of Peace of that Shire where such persons are resiant or if any person receive such Agnus Dei c. and shall within one day after receipt deliver the same to any Justice of Peace within the same Shire that then every such person shall not incur the penalties abovesaid All they who within three moneths after dissolution of the Parliament shall bring in and deliver all such Bulls Writings Instruments of Reconciliation to the Bishop of the Diocesse wherein such absolution had been made to be cancelled and confesse and acknowledge his offence and desire to be received into the Church of England shall be clearly pardoned of such offence And every person who had received any absolution from the Bishop or See of Rome or any reconciliation unto the Bishop or See of Rome since the first year of the Queen and shall within three moneths after any Session or dissolution of the Parliament come before the Bishop of the Diocess where such absolution or reconciliation was made and publickly acknowledge his offence therein and humbly desire to be restored and admitted into the Church of England shall be clearly pardoned of such offence If any Justice of Peace to whom any matter or offence before mentioned shall be uttered doe not within 14. dayes after signifie and declare the same to some one of the Queens Privie Councell that then such Justice shall incur the danger of a Premunire Noble-men shall be tryed by their Peers Saving to all persons Bodies politique and corporate their heirs and successors others then the said offendors and their heirs all rights titles possessions c. as they or any of them had at the day of committing the offence aforesaid or before Stat. 23 Eliz. cap. 1. makes it Treason for any who shall have or pretend to have power or shall by any means put in practice to absolve perswade or withdraw any of the Queens Subjects from their naturall obedience or with-draw them for that intent from the Religion now by her Highness authority established to the Romish Religion Or if any person shall by any means be willingly absolved or willingly be reconciled or shall promise any obedience to any forrein pretended Authority Prince State or Potentate and be thereof lawfully convict shall suffer as in case of High Treason The aiders maintainers and concealers who shall not within twenty daies at furthest disclose the same to some Justice of Peace or higher Officer shall suffer as in case of Misprision of Treason Every person who shall sing or say Masse shall forfeit 200 marks and suffer imprisonment during one whole year And every person who shall willingly hear Masse shall forfeit one hundred marks and suffer imprisonment for a year Every person above sixteen years of age who shall not repair to some Church Chappel or usuall place of Common-prayer and forbear the same contrary to the Stat. 1 Eliz. for uniformity of Common-prayer shall forfeit 20 pounds for every moneth and over and besides if he or she shall forbear for the space of 12. moneths after certificate thereof in writing made into the Kings Bench by the Ordinary a Justice of Assise and Goal-delivery or a Justice of peace of the County where such offendor shall dwell or be shall for his obstinacy be bound with two sufficient Sureties in the sum of 200 pounds at least to the good behaviour and so continue bound untill such time as he shall conform himself and come to Church according to the true intent of the Statute of the said 1 Eliz. Every person Body politique or corporate who shall maintain a School-master who shall not repair to the Church as aforesaid or be allowed by the Ordinary of the Diocesse where such School-master shall be kept shall forfeit for every moneth ten pound And such
School-master presuming to teach any thing contrary to this Act and being thereof lawfully convict shall be disabled to be a Teacher of Youth and shall suffer imprisonment without Bayl ot Mainprise for the space of a year No Ordinary or their Ministers shall take any thing for the allowance of any Schoole-master All offences aforesaid and all offences against the first Eliz. 1. 5 Eliz. 1. 13 Eliz. 2. c. are inquirable into by the Justices of peace and other Justices named in the said Act within a year and day after such offences committed Justices of Oyer and Terminer of Assiize of Goale-delivery in their limits Justices of Peace in their Quarter-sessions have power to hear and determine the offences aforesaid except Treason and Misprision of Treason Every person guilty of any offence against this Statute other then Treason Misprision of Treason which shall before he be indicted or at his Arraignment before Judgement submit and conform himself before the Bishop of the Diocess where he shall be resident and before the Justice of Peace where he shall be arraigned or tried having not before made like submission shall upon his recognition of such submission in open Assises or Sessions in the County where such person shall be resident be discharged of all the said offences The forfeitures of the moneys limited by this Act shall be divided into three equall parts whereof one third part to the Queen to her use another for the relief of the poor in the Parish where such offence is committed to be delivered by warrant of the principle Officers in the receipt of the Exchequer without further warrant from her Majesty the other third part to such person as will sue for the same in any court of Record in which no Essoin or Protection or Wager of Law shall be allowed He that shall forfeit such summes as are specified in this Act and be not able or shall not pay the same within 3. moneths after Judgement shall be committed to prison and there remain untill he have paid the said summes or conform himself to goe to Church He that usually on Sunday shall have in his house the Divine Service as it is established and be thereat usually present and not obstinately refuse to come to Church and shall at least four times in the year be present at the Divine Service in his Parish Church or in some open Church or Chappell of ease shall incur no damage nor danger by this Act. Every Grant Conveyance Bond Judgement and Execution of covetous purpose to defraud the Queen or any other person shall be holden utterly void Tryall of a Peer for any Treason or misprision of Treason by this Act shall be by his Peers This Act nor any thing contained therein is said not to extend to take away any or abridge the authority or jurisdiction of the Ecclesiasticall Censures for any cause or matter but that Arch-Bishops and Bishops and other Ecclesiasticall Judges may do and proceed as before the making of it All Jesuits made within or without the Realm since the Nativity of St. Stat. 27 Eliz. cap. 2. John the Baptist in the first year of the Queen shall within 40. dayes next after the Session of Parliament if they be not wind-bound depart out of England and other the Queens Dominions If any Jesuit Seminary Priest or other such Priest Deacon or Religious or Ecclesiasticall person whatsoever born within the Dominions of the Queen and made since the feast of the Nativity of St. John in the first year of the Queen or hereafter to be made by any Authority from the Church of Rome shall after the said forty dayes after the Session of Parliament other then in such speciall cases as in this Act is expressed be found in any of the Queens Dominions every such person shall be adjudged a Traitor All they which shall receive any such Jesuit or Priest after such time shall be adjudged a felon without benefit of Clergy If Any Subject of England then being or after shall be of or brought up in any Colledge of Jesuits or seminaries already erected or to be erected out of the Realm shall not within six moneths next after Proclamation in that behalf made in London under the broad Seal return into this Realm and within two dayes after before the Bishop of the Diocesse or two Justices of the peace of the County where he shall arrive submit himself to her Majesty and her Lawes and take the Oath set forth in the first year of her Reign That then every such person which shall otherwise return shall be taken and deemed as a Traitor Whosoever shall any wayes send relief to any Jesuit or seminary beyond the seas or give any maintenance to any Colledge of Jesuits or Seminaries shall incur the danger of a Premunire None during the Queens life shall send his or her Child or other person except Merchants or such only who serve in their Trade as Merchants or Mariners beyond the Seas without the Queens speciall licence or under four of the Councells hands upon the penalty of one hundred pounds Every offence committed against this Act may be heard and determined as well in the Kings Bench as also in any County within this Realm or any of the Queens Dominions where the offence shall be committed or where the offendor shall be apprehended This Act shall not extend to any Jesuit c. before mentioned as shall within the said 40. dayes or within 40. daies after he come into the Realm submit himself to some Arch-bishop or Bishop of this Realm or to some Justice of Peace within the County where he shall arrive and doe thereupon truly and sincerely before the Arch-bishop Bishop or Justice of Peace take the said Oath set forth the first of Eliz. and under his hand confesse afterward to continue in due obedience to the Queens Lawes made or to be made in causes of Religion Peers shall be tried by their Peers for any offence made Treason Felony or Premunire by this Act. Any person being a Subject of this Realm which shall after the said 40. daies know any such Jesuit or Priest c. and shall not discover the same to some Justice of Peace or Higher Officer within 12. dayes every such person shall be fined and imprisoned according to the Queens pleasure and every such Justice of Peace or higher Officer which shall not discover the same within 28. dayes to some of the Queens Councell or to the President or Vice-president of the Queens Councell established in the North or Marches of Wales then he or they so offending shall forfeit 200 Markes Such of the Privy Councell President or Vice-president abovesaid to whom such information shall be made shall thereupon deliver a note in writing subscribed by his own hand to the party by whom he shall receive such information testifying that such information was made to him All such Oaths Bonds and Submissions as shall be made by force of
with the sword all stubborn and evill doores But whatsoever the Queene or Church did declare the Lawyers would The Lawyers exception of the Statute of 1 Fliz. cap. 1. not lose so much Grist as this Stat. of the first of Eliz. brought to their Mill and therefore the fourth conclusion in the 3 part Institutes 43 is That when an Act of Parliament is made concerning things meerly spirituall as Heresie c. yet the Act being part of the Lawes of the Land the same shall be construed and interpreted by the Judges of the Common-Law who usually confer with those that are learned in that profession so that all Spirituall jurisdiction doth utterly vanish whensoever the Temporall power shall doe any thing in derogation of it and in truth ever since the Statute of the first of Elizabeth all cognizance not only of Heresie c. but the cognizance of the worship and service of God and administration of Sacraments have upon the matter beene determined at quarter-Sessions and assizes and since ths uniting of all forraigne jurisdiction in the Crowne many places in England that were not in ordinary Episcopall jurisdiction and immediatly under the Pope are become out of all cure of Soules and for ought can be known are not any part of any Christian Church If the Queen be supreme Governor in all Spirituall cases under Christ then are not Bishops and Priests immediately Christs Ministers but the Queens Nay then may she ordain confirm and consecrate the Sacraments which the Church of England Art 37. King James Spot Hist anno 7 Regni doth deny The preamble of the first of Eliz. cap. 1. Is a supplication of the Lords Obsecrable things in the 1. 2. chap. 1 Eliz. Spirituall and Temporall and Commons that those things therein might be passed into a Law whereas the Lords Spirituall a a Camb. Eliz. Reg. 16. being nine nor were there then fourteene alive and all who were present not only stiffly opposed it but were all of them deprived because they would not conform thereunto and take the Oath of Supremacy made by that Act. In the 2. chap. Pag. 36. 1 Eliz. there is a very strange clause viz. The Queenes Majesty the Lords Temporall and Commons assembled doe in Gods name earnestly require and charge all Arch-Bishops and Bishops and other Ordinaries that they endeavor themselves to the utmost of their knowledge that the due execution of that Law may be had throughout their Diocesses and Charges as they will answere before God for such evills and Plagues wherewith God may justly punish his people for neglecting this good and wholsom Law and yet the Temporall powers by this very Law have power to heare and determine all things in it as well as the Spirituall whereas Praeces lachrima sunt arma Ecclesiae all alwaies the Church formerly did supplicate protection from the temporall powers The Queene did not make an alteration and change in the Religion and By what degrees Religion was charged Service of God on a suddain but by degrees for for a whole moneth or more after the death of Queene Mary the Roman Religion continued in the same state it did before upon the twenty seventh of December leave was granted to have the Epistles Gospells ten Commandements the Lords Prayer Creede and Letany in the English tongue The two and twentieth of March when the Nobles and Commons were met in Parliament the entire use of the Lords Supper viz. in both kindes was allowed and the Law made to that intent in Edward the sixts dayes revived and put in new force The twenty fourth of June the Sacrifice of Masse was abolished and the Liturgy in the English Tongue established by Parliament In July the Oath of Supremacy was propounded to the Bishops and others and in Aug. Images were removed out of Churches and broken ot burnt Cambd. Eliza Reg. 39. From the first of Eliz. untill the eleventh yeere of her Reigne no person How the Laws made for conformity to the Service of the Church were observed of what perswasion soever at any time refused to come to the publique Divine Service celebrated in the Church of England being so evidently grounded upon the sacred and infallible word of God that the Bishop of Winchester in his answere to Tortus page 42 is not afraid to affirme positively that the Pope Paulus quartus which is misprinted for it should have been Pius quartus if the Queene would have acknowledged his authority would have been so kinde as to have established all the Rites and Ceremonies now used in the Church untill the Bull published against the Queene by Pius the Fift whereby he excommunicated her and deprived her of her Kingdome and forbad all her Subjects upon like penalties to be so hardy as to obey her Admonitions Lawes or Commandements and did absolve all men who had upon any occasion taken their oath to her of all fealty and service due unto her by reason of her Government which Bull produced no other effect then the severe Statute made the thirteenth yeere of the Queene against all men who should endeavor to put it or any such in ure or execution or should receive or take any absolution or reconciliation from the Church of Rome But afterward these Parliament Laws for the conforming to Divine Service established became as much disobeyed by another generation of men called Puritans and therefore the Statute of the thirty fift of Elizabeth cap. 1. was made expresly against them yet would they never be restrained untill they upon pretence of Reformation brought a desolation upon both Church and State Shee was truly pious who daily as soone as she rose set a part some time Of the virtues of Queen Eliz. for the worship and service of God afterwards at set houres retired her selfe into her private Closet frequented the Chappell duly upon Sundaies and holydaies nor was there ever any Prince that with greater devotion was present at divine Service In black aray and after the manner of the former ages she heard attentively Lenten Sermons although she would often say what she had read of Hen. 3. her predecessor That she had rather devoutly speak to God in Prayer then hear others discourse eloquently of God in their Sermons and of the Cross the blessed Virgin and of the Saints shee thought reverently nor did shee ever speake of them without a certain reverence nor patiently heare others speake of them without the like * to these may justly Camb. Eliz. Reg. 14. be added a wisdome and prudence in Government so far above her sex that certainly shee in that kinde is not to be parallell'd by any of her masculine predecessors and these vertues were crowned with that felicity that all along her long Reigne shee was most passionately and obsequiously hononred by her Subjects a rare thing among Islanders and not to be found in any time before her in any of her Predecessors Yet sure
with the Opinion of Learned men That the marriage with his Brothers wife was contrary to the Law of God and void The King not expecting the Popes sentence anno 1533. marries his beloved Anne but such love is usually too hot to hold for about two years after he cut off her head yet the King did not wholly renounce the Papacy but still expecting the Popes sentence The Pope for the reasons aforesaid not desiring to end the business The slow proceedings of the Pope but to expect advantage from time reduces the matter into several points or heads which he would have particularly disputed and at the time of the Kings marriage with Anne was not got further then the article of Attentates in which the Pope gave sentence against the King that it was not lawful for him to put away his wife by his own authority without the Ecclesiastical Judge For which cause the King in the beginning of 1534. denied the Pope his obedience commanding his Subjects not to pay any money to Rome nor to pay the ordinary Peter-pence This infinitely troubled the Court of Rome and they daily consulted of a remedy Some thought to proceed against the King with censures and to interdict all Christian nations all commerce with England But the moderate counsel pleased best to temporise with him and to mediate a composition by the French King K. Francis accepted the charge and sent the Bishop of Paris to Rome to negotiate a Pacification with the Pope where they still proceeded in the cause gently and with resolution not to come to censures if the Emperor did not proceed first or at the same time with his forces They had divided the cause into twenty three articles and then they handled whether Prince Arthur had had carnal conjunction with Queen Katherine in this they spent time till Midlent was past when the 19. of March news came that a Libel was published in England against the Pope and the whole Court of Rome and besides a Comedy had been made in presence of the King and Court to the great disgrace and shame of the Pope and every Cardinal in particular For which cause all being inflamed with choler ran headlong to give sentence which was pronounced in the Consistory the 24. of the same month That the marriage between Henry and Katherine was good that he was bound to take her to wife and that in case he did not he should be excommunicated But the Pope was soon displeased with this precipitation For six days His rash censure repented of after the French Kings letters came That the King was content to accept the sentence concerning Attentates and to render obedience upon condition that the Cardinals whom he mistrusted should not meddle in the business and that persons not suspected should be sent to Cambray to take information â—and and the King had sent his Proctors before to assist in the Cause at Rome Wherefore the Pope went about to devise some pretence to suspend the precipitate sentence and again to set the cause on its feet But the King so soon as he had seen it said It was no matter for the Utterly loses the obedience of England Pope should be Bishop of Rome and himself sole Lord of his Kingdom And that he would do according to the antient manner of the Eastern church not leaving to be a good Christian nor suffering the Lutheran Heresie or any other to be brought into his Kingdom From that time forward Henry the Eighth of a zealous Assertor of the No anger lost between the King Pope Papacy both by pen and purse became the first and greatest Opposer of it of all the Western Christian Princes for the Eastern Christian Princes except sometimes the Emperors of Greece and the Kings of Holy Land did seldom or never submit to the Papacy in her Spirituals yet did he afterwards seed to be reconciled to the Pope even by means of his Nephew Charls the Fifth Nor were the Popes much behind hand with him For besides Clement's petty Excommunication Paul the Third Anno 1538. thundred out such a terrible Excommunication against him as the like was never heard of which deprived him of his kingdom and his adherents of whatsoever they possessed commanding his Subjects to deny him obedience and Strangers to have no commerce in the kingdom and all to take arms against and persecute both him and his followers granting them their states and goods for their prey and their persons for slaves But the Popes anger ended in words whereas the Kings deeds took place against the Pope But what there was in all the Kings reign which might be called Reformation What was the Kings Reformation I do not understand For whatsoever the King took from the Pope except Peter-pence he ascribed to himself If the Pope would be Head of the Catholique Church the King would be Head of the Church of England If the Pope challenged Annates and First-fruits of the Bishops and Clergy the King would do no less If the Pope did give Abbots and Priors power being Ecclesiastical persons to make divers Impropriations to their benefit the King will take a power to take them all away and convert them into Lay-fees and incorporate them so into particular mens estates that they shall never return to the Church more Nor had he any love or desire of Reformation of the Church but only to the Church-lands for all the Rites Ceremonies and Religion of the Church of Rome was continued and that with such bloody cruelty that a Stranger going over Smithfield one day and seeing two men there executed one for denying the Kings Headship of the Church and another for subscribing to the Six Articles cryed out Bone Deus quomodo hic agunt vivi hic suspenduntur Papistae ibi comburuntur Antipapistae And so zealous did he continue herein that Pope Paul the Third after he had fulminated so dreadfully against him Hist Conc-Trid fol. 90 proposed him for an Example to be imitated by Charls the Fifth Although such was the temper of this Prince that he never spared man The exclusion of the Papai jurisdiction was an act of the King Kingdom and Church of England in his rage woman in his lust nor any thing which might be called sacred in his avarice yet so absolute was he that his Divorce was attested by both the Universities at home besides that at Paris abroad his freeing himself and the Nation from the jurisdiction of the Pope was not only assented to by a Synod and Convocation of all the Clergy of England but the English and Irish Nobility did make their submissions by an Indenture to Sir Anthony Sellinger then chief Governor of Ireland wherein they did acknowledge King Henry to be their lawful Soveraign and confessed the Kings Supremacy Bram. Vind. of the Church of England p. 43. in all causes and utterly renounced the Pope But Divorce banishing the Papal authority
Dissolution of Abbies and all were easily passed and assented to in Parliament But whatsoever the King were otherwise yet sure the Popes passion The Pope was more unjust in his censures then the King was in excluding the Papal jurisdiction against him carried them to greater extravagancies and exorbitancies then were on his part against them For suppose that the Pope had de facto the Investitures of Bishops Peter-pence Annates and First-fruits paid them and did exercise a jurisdiction over all the Church and Clergy yet no question all these things were by the grants and permission of precedent Kings and if Kings may grant and permit these things then what hinders but that they may recall them for Cujus est velle ejus est nolle Besides we have already shewed that although there were not that bitter personal spite between the Kings of England and and the Popes formerly as was between Henry 8. and Clement 7. and Paul 3. yet did many of them ascribe as little to the Pope as Henry did But for a Pope to deprive a Christian Prince of his kingdom over whom he had no manner of right his Adherents of whatsoever they possessed to command his Subjects to deny their obedience to their Soveraign and Strangers not to have any commerce in the kingdom and all to take arms against him and his followers granting them their estates and goods for a prey and their persons for slaves is so unlike to the example and precept of S. Peter whom they pretend to succeed who not only suffered death under Temporal power but inspired by God does command so expresly obedience to Kings not as subordinate to himself 1 Pet. 2. 13. but as supreme And of our Saviour himself who both suffered himself under Temporal power and paid tribute to Caesar and took not away but fulfilled the Moral Law which commands obedience to Princes and Higher powers and whose kingdom was not of this world that sure no Turk or Infidel was so much an enemy to Christians or indeed rather to mankind as to have desired it The state of the Church and of the Ecclesiastical Laws made by Edward the sixth THe time of this Kings reign being a Child and therefore woful and of his Father were perillous days The Father in his Laws scarce ever took advice but from his passion lust or avarice the Son although a Prince of infinite hope and goodness yet wanting the authority and reputation requisite in a Soveraign was either not able to restrain or else perswaded it was beneficial to give reins to a company of Sacrilegious Harpies and Courtiers to make a total prey not only upon all Colledges Free-Chappels Chantries and all their Lands except them of the Universities and some few other which by the Statute of 1 Ed. 6. cap. 14. were given to Camb. pref Eliz. Reg. Life of Ed. 6. the King upon specious pretences but the Lands of the Bishops generally became a prey unto them So much worse is it for every thing to be lawful then that any thing should be Law It was enacted That if any man spake irreverently or contemptuously An. 1. Ed. 6. c. 6. of the Sacrament of the Altar he should be imprisoned and fined at the Kings will and pleasure and that Justices of Peace might enquire of offenders Yet should not the person offending be arraigned or tryed unless the Bishop of the Diocese or his Chancellor or Deputy learned were required to be at the Quarter-Sessions to which purpose a new Writ was made Rex c. Episc L. salutem Praecipimus tibi quod tu Cancellarius tuus vel alius deputatus tuus sufficienter eruditus sitis cum Justiciariis nostris ad pacem in com nostro B. conservand assignat apud D. tali die ad sessionem nostram tunc ibidem tenend ad dand consilium advisament eisdem Justitiariis nostris ad pacem super arraiment deliberationem offendet contra Formam statuti concernend sacrosanctum Sacramentum Altaris And by this Satute it was Enacted that the Sacrament should be delivered to the people under both Kindes viz. of Bread and Wine From thenceforth no Conge deslier shall be granted nor any Election An. 1 Ed. 6. Cap. 2. shall be made of any Archbishop or Bishop by the Dean and Chapter but when any Archbishoprick or Bishoprick shall be voided the King by his Letters Patents may confer the same to any person whom he shall think meet c All summons citations and other proces Ecclesiastical shall be made in the name and with the stile of the King as in the Writs of the common Law and the test thereof shall be in the name of the Archbishop or Bishop c. All persons that have the exercise of Ecclesiastical Jurisdiction shall have in their Seals of Office the Kings Arms with certain characters under them for the knowledge of their dioces but the Archbishop of Canterbury shall use his own Seal and his own name in all faculties and dispensations A man speaking against the Kings Headship of the Church shall being An. 1 Ed. 6. Cap. 12. thereof attaint or convict forfeit all his Goods and Chattels to the King and suffer imprisonment during the Kings will and pleasure for the first offence and for the second offence forfeit to the King the whole issues and profits of all his Lands and all his Goods and Chattels and suffer perpetual imprisonment and for the third offence shall be adjudged a Traytor and suffer death and forfeit all his Goods and Chattels Lands and Tenements as in cases of High Treason And it shall be deemed Treason for any by Printing Writing or Deed to affirm the King not to be Head of the Church An Act for uniformity of Service and administration of Sacraments being An. 2 3 Ed. 6 Cap. 1. before divers and different viz. of Sarum of York of Bangor and of Lincoln and divers and sundry forms and fashions were used in Cathedrals and Parish-Churches of England and Wales as well concerning Mattens or Morning Prayer and the Evening Song as also concerning the holy Communion commonly called the Mass with divers and sundry rites and ceremonies concerning the same and in the administration of the Sacraments of the Church The Statute does inflict upon every Parson Vicar or other whatsoever Minister that ought or should say or sing the said Common Prayer mentioned in the said Book Entituled the Book of Common Prayer and Administration of the Sacraments and other rites and ceremonies of the Church after the use of the Church of England and shall refuse it or use any other form or shall Preach Declare or speak any thing in derogation of the said Book or any thing contained therein and be thereof lawfully convict by a Jury of twelve men or by confession shall forfeit to the King for the first offence the profit of all his Spiritual benefices and promotions arising in a whole year and