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A80378 The interest of England how it consists in vnity of the Protestant religion. With expedients moderate and effectuall to establish it by the extirpation of the papacy. By a member of the House of Commons. Constantine, William, Sir, 1611 or 12-1670. 1642 (1642) Wing C5948; Thomason E121_47; ESTC R22632 28,124 40

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and conscientiously possest such reasonable conditions of subsistence as their conscience bee not violenc'd nor themselves hurryed in dispaire and fury to imbroyle the Kindome which tendernesse as it may insinuate and win into their soules by that Gospellary way of gentlenesse and perswasion Vid. Fol. ult so it will conduce to continue the like piety and pitty to the Protestants beyond the Seas provided that we sufficiently fore cast to secure their allegiance to the Crowne of which see the last Clause and disable them from a further growth To which effect it seemes reasonable that wee enact 2 Clause To disable all such as are now under the age of ten yeares to inherit or purchase c. unlesse they shall conforme at their age of twenty one THat all persons now under the age of ten yeeres who shall not within one yeare after they attaine to the age of one and twenty repair and frequent the Church and three times in the same yeere receive the holy Sacrament and also take the Oath of Supremacy before the Minister and Church wardens of such Parish where they shall inhabite openly in the Church after Evening Prayers in some Lords Day which taking the Minister and Church-wardens shall register in some Booke to be kept for the same purpose or shall after such conformity discontinue the Church or refuse the said Oath being lawfully tendred shall be held reputed and adjudg'd Popish Recusants and shall be disabled to take by discent or purchase in Fee or Tayle c. to his owne use or in trust for others any Lands Tenements or hereditaments c. in England or Wales But all such Lands which such Recusant shall be so seis'd of or any other to his use or Vid. a president for forfeitures in this sort in the Statute of Mortmaine 7 Ed. 1. c. shall descend and come to such Recusants next heire that shall be of the age of one and twenty and conformable as aforesaid If such next heire shall not enter Bona fide within six moneths after such non-conformity or refusall That then his second heire that is of the age of one and twenty and conformable shall enter and be thereof seised to his own use in such estate as such recusant had or enjoyed c. Jf such second heire shall not enter Bona fide within a second six moneths then shall it escheat or remaine to the Lord of the fee or to him in remainder as if such Recusant were dead Jf he shall neglect his entry six moneths then shall his estate be disposed of by the next Parliament to the publick use The like for Leases Tearmes Copyholds or other Interests that hee may become in the same condition as an Alienamee T is evident that some Clause to this sence maturely ripened A moderate and effectuall expedient to extirpate the Papacy being not possible to be evaded or dispens'd with will in one age unground all popish Families T is their store of Lands and thence of tenants that makes them formidable to the state of which being deprived as it will discourage them to settle heere so will it disable such as are setled to ingrosse dependants Nor is it penall more then ordinary for that the now Lawes necessitate Recusants to breed their children under licenst a 23. Eli. 1. 1 Jac. 4. Schoole-masters for that none elce ought to teach in private or in publike If their education be beyond the Seas an b 3. Jac. 5. act in force disables them to inherite or take by gift conveyance or devise or otherwise untill they shall conforme Now if wee shall enliven some quicker Statute for their education me seemes as it is not altogether naturall to rend and force a child from the vigilance and nurture of his proper parents so will it not probably produce the effect both by reason that it is obvious to a multitude of Evasions and for that stomacke which will swell in the issue upon the Fathers reluction Be it therefore at the Fathers perill that his child be educated in the Doctrines of our Church or if his conscience be so scrupulous as to derive to his issue his owne errors he has faire leasure during life to dispose of his Estate and transplant his of-spring into a forraine soyle where the principles of his profession are not so destructive to that policy of government If notwithstanding this reasonable admonition disherison shall accrue to his posterity it may not be traduc'd injurious since the private of all men must submit to the publike reason of State c 39 H. 6. 39. Mirror cap. 3. §. Jura publica ex privatis promiscuè decidi non debent This Clause is onely to be avoyded by the defect of an expedient to scrutinye into the true sence of men For experience dayly justifyes that such whom wee suspect to be Recusants and lately so profest glibly swallow those Oathes of Allegiance and supremacy resort to Church nay and communicate whereby either that act of * 3. Iac. 4. Discovery becomes fruitlesse or really they are what they now professe Converts Truth is nor dispensation nor dread nor hope nor malice can mould a conscience though erronious that is Religious to Hypocrisie but such as are loose or but formerly conscientious will scruple no assay they have volaticum jusjurandum and to provide a Test for the discovery of such Non idem sunt Scriptura Cricaeus Eras Adag were to make a garment for the moone Notwithstanding for more ranke conviction of such dissimulation if it be such it may be requisite to insert into the Oath of Supremacy the first Clause of the Protestation viz. To defend with life power and estate the true Reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish innovations c. or rather to compose the severall Oathes that concerne religion into one lesse equivocable and more searching as not only to maintaine the Protestant Religion but to renounce the Romish 3 Clause To raise a present supply of monies THat all such as have not usually frequented Church the first yeare of this present Parliament and have not taken in the same yeare the Holy Communion or shall refuse the Oathes of Allegiance Supremacy and Protestation being tendered by the Commissioners shall forfeit the part of their last yeeres revenew in Lands or goods to bee assest upon their estates as they lie in the severall Counties by the Commissioners nominated in the last Act of 400000. After the same sort as is exprest in the same Act and to be returned accordingly c. This charge will probably be with alacrity disburst by reason of the ease that Recusants have from the penalty of former Statutes and the rapine of Projectors And this way of levying as it will be most speedy so most certaine for that those Commissioners upon experience of the former taxes are well acquainted with those which they
which we are necessarily inforc'd t is wisdome to chuse the least as we rather suffer mischiefes then an inconv 〈…〉 Therefore prohibit we not masse in the houses of Embassadours nor punish we usury though the a 13. Eli 8. Statute votes it to be forbidden by th● Law of God a sin and detestable b 4 Rep. 20. Multa conceduntur per obliquum quae non conceduntur de directo Thus I have expos'd my sence vindicated I hope sufficiently from favour to their cause though perhaps not without pitty and some tendernesse to misguided zeale and persons All which I submit as ingeniously to better reason as is expected unto mine 8. Clause THat all persons that shall practice to absolve Withdrawing from allegiance or Religion perswade or withdraw any of the Subjects of the Kings Majesty c from their naturall obedience to His Majesty his heires or successors or to reconcile them to the Pope or Sea of Rome or to move them or any of them to promise obedience to any pretended authority of the Sea of Rome or to any other Prince state or Potentate * Saying masse in open and known places or shall openly say or cause masse or any other idolatrous service to be said in open and notorious places whereby any Protestant may have liberty and be permitted to enter by the will and free consent of such person so saying or causing it to be said That then all such persons their procurers counsellors ayders and maintainers knowing and consenting to the same shall be to all intents adjudged c. Ut ante 3 Iac. 4. The former part of this clause is expresse in 3. Jac. 4. the latter may obviate a mischiefe which is too frequent scandalous and temptatious at the perill of such as have best opportunity to avoyd it 9 Clause Delivery of the armes of a Recusant THat if any Popish Recusant shall not before the _____ day of _____ and so from time to time voluntarily deliver up all his Armour or Ammunition c. or shall knowingly keepe or detaine either to his owne use or to the use of any other any such Armour Ammunition c. other then such quantity as he shall be allowed to retaine for the necessary defence of himselfe his House and family such Recusant being thereof convicted upon reiw of two Iustices or other testimony shall abjure the Realm if he shall returne he shall be adjudg'd a Traytor c 1 Iac. 4. 3 Ia. 4. Formerly such concealements have beene practis'd that the Lawes injoyning Iustices to search become fruitlesse or if upon diligent inquiry Armes Ammunition c. were discovered the only penalty was removall and the offendor becomes instructed how more closely to conceale a new supply But a clause to this sence imposing the delivery and retainer upon the perill of the poss●ssor wherein if he proves faulty he undergoes so deepe a censure will doubtlesse be more effectuall to disarme them 10. Clause To discharge the estate of a Recusant of incumbrances by Statutes c. THat it shall be lawfull for all Recusants seised of estates in Fee or Tayle to dispose of them by sale or otherwise according to the due ceremonies of Law acquitted of all former forfeitures and penalties incurd by reason of any former statute composition or agreement meerly for Recusancy A Recusants Land is so incumbred and charged by severall Statutes in duties to the Crowne that without some clause to this sence few will adventure to purchase upon their Titles And it seemes reasonable if we disable their issue to inherit to inable them to sell for their best advantage provided that if they transplant their families their money be returned by way of exchange and not transported 11. Clause THat all men whatsoever An Oath of allegiance to the King and fidelity to the Kingdom to be taken necessarily by all that doe or shall inhabite in the Kingdome of England or Dominion of Wales being of the age of one and twenty yeeres shall within one yeare next ensuing or within one yeare next after they shall attaine to the age of one and twenty become of sound mind out of prison or r●turned into the Land c. take the Oath hereafter mentioned before the Minister and Church-wardens of every such Parish where they shall inhabite openly in the Church after Evening Service in some Lords Day which taking together with the name of the party the Minister and Church-Wardens shall register in some booke to be kept for the same purpose and for such their ent●y shall have _____ And if any person shall neglect or not tender himselfe to take the same Oath in manner and forme aforesaid the said Minister and Church-Wardens shall certyfye the name of such person to the next generall sessions and he shall incurre being thereof convicted the dangers penalties and forfeitures ordained and provided by the Statute of provision and premunire made in the sixteenth yeare of the raigne of King Richard the second c. I suppose the Oath to this effect 3 Iac. 4. An Oath of allegiance to be tak●n by all persons c. 1. I A. B. doe truly and sincerely acknowledge testifye and declare in my conscience before God and the world that our Soveraigne Lord King Charles is lawfull and rightfull King of this Realme and of other His Majesties Dominions and Countries 3 Ia. 4 2. And I sweare from my heart that notwithstanding any declaration or sentence of Excommunication or deprivation made or granted or to be made or granted by the Pope or his successors or by any authority derived or pretended to be derived from him or his Sea against the said King his Heires or Successors or any absolution of the ●ai● Subjects from their obedience I will beare faith and true allegiance to his Majesty his Heires and Successors and him and them will defend to the utmost of my power against all conspiracies and attempts whatsoever which shall be made against his or their persons their Crowne and Dignity by colour of any such Sentence and Declaration or otherwise 3. Iac. 4. 3 And I will make known unto His Majesty his Heires and Successors all treasons and trayterous conspiracies which I shall know or heare of to be against him or any of them 1. Eli. 1. 4. I doe also promise and vow that to my power I shall assist and defend all jurisdictions priviledges preheminences and authorities granted or belonging to His Majesty His heires and successors or united and annexed to the imperiall Crown of this Realme Protestation 5. I shall also maintaine and defend as far as lawfully I may the power and priviledges of Parliament the lawfull rights and liberties of the Subject and every person that takes this Oath in whatsoever he shall doe in the lawfull pursuance of the same Protestation 6. And to my power and as far as lawfully I may I will oppose and by all good wayes and meanes indeavour to bring to condigne punishment all such as shal either by force practice coonsels plots conspiracies or otherwise do any thing to the contrary of any thing in this present Oath contained 2. Iac. 4. 7. And these things I doe plainly and sincerely acknowledge and sw●are according to these expresse words by me spoken and according to the plaine sence and common understanding of the said words without any equivocation or mentall evasion or secret reservation whatsoever and I doe and will renounce all pardons dispensations or absolutions whatsoever to the contrary 8. And I make this recognition and Oath heartily 3 Iac. 4. willingly and truly upon the true faith of a Christian So helpe me God He that deliberatly praecogitate shall refuse such an Oath ut videtur has designes of Treason to the King or State He that maliciously praecogitate shall infrindge it implies he is no Christian As Divinity confounds the one so Jus gentium the Law of Nations explodes the other Rerum progressus ostendunt multa quae in initio non povidentur 6. Rep. 40. The Drift May Glory be to God in the liberty purity power of his worship Honour to my King in the might of his dominions Prosperity to my Country England in the Unity of its Interest And May some moderate Overture bee here hinted as may contribute to stanch the gore of Ireland Faxit Dem. FINIS Errata FOr reluction p. 15. l. 21. r. reluctancy p. 16. in the margin for Cricaeus r. Li●c●eus p. 23. l. 11. for towed r. towred p. 24 l. 1. r. that for Forgery id l. 34. for in●ndita r. inauditae p. 25. l. 4. for release r Rehearse p. id l. 30. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p 31. l. 20. for superfortation r. supersaetations ib. l. 34. inandita ●●ead inunditae