May it therefore please your Highness for the repressing of the said usurped Forreign Power and the restoring of the Rites Jurisdictions and Preheminencies appertaining to the Imperial Crown of this your Realm that it may be Enacted by Authority of this present Parliament That the said Act. made in the first and second years of the Reign of the said late King Philip and Queen Mary and all and every branches Clauses and Articles therein contained other than such branches Clauses and Sentences as hereafter shall be excepted may from the last day of this Session of Parliament by Authority of this present Parliament be repealed and shall from thenceforth be utterly void and of none effect And to the intent that all Usurped and Forreign Power and Authority Spiritual and Temporal may for ever be clearly extinguished and never be used or obeyed within this Realm or any other your Majesties Dominions or Countries May it please your Highness that it may be further enacted by the Authority aforesaid That no Forreign Prince Person Prelate State or Potentate Spiritual or Temporal shall at any time after the last day of this Session of Parliament use enjoy or exercise any manner of Power Jurisdiction Superiority Authority Preheminence or Priviledg Spiritual or Ecclesiastical within this Realm or within any other your Majesties Dominions or Countries that now be or hereafter shall be but from thenceforth the same shall be clearly abolished out of this Realm and all other your Highness Dominions for ever any Statute Ordinance Custom Constitutions or any other matter or cause whatsoever to the contrary in any wise notwithstanding And that also it may please your Highness that it may be established and enacted by the Authority aforesaid that such Jurisdictions Priviledges Superiorities and Preheminencies Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been or may lawfully be exercised or used for the Visitation of the Ecclesiastical State and Persons and for Reformation Order and Correction of the same and of all manner of Errors Heresies Scismes Abuses Offences Contempts and Enormities shall for ever by Authority of this present Parliament be united and annexed to the Imperial Crown of this Realm And that your Highness your Heirs and Successors Kings or Queens of this Realm shall have full Power and Authority by vertue of this Act by Letters Patents under the Great Seal of England to Assign Name and Authorize when and as often as your Highness your Heirs or Successors shall think meet and Convenient and for such and so long time as shall please your Highness your Heirs or Successors such Person or Persons being natural born Subjects to your Highness your Heirs and Successors as your Majesty your Heirs or Successors shall think meet to exercise use occupy and execute under your Highness your Heirs and Successors all manner of Jurisdictions Priviledges and Preheminencies in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within these your Realms of England and Ireland or any other your Highness Dominions and Countries and to visit reform redress order correct and amend all such errors heresies schismes abuses offences contempts and enormities whatsoever which by any manner of Spiritual or Ecclesiastical Power Authority or Jurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the increase of Vertue and the conservation of the Peace and Unity of this Realm And that such person or persons so to be named assigned authorised and appointed by your Highness your Heirs or Successors after the said Letters Patents to him or them made and delivered as is aforesaid shall have full power and authority by vertue of this Act and of the said Letters Patents under your Highness your Heirs and Successors to exercise use and execute all the premises according to the Tenor and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding By which branches of this Statute it seems to be most demonstrable that all manner of Jurisdiction in Causes Spiritual and Ecclesiastical is invested in the Crown and that no Spiritual Courts may be holden but by the Kings Commission Lastly By the 16. Car. primi the very branch of the Statute for granting Commissions is also repealed which left the Ecclesiastical Courts no power at all Seeing then that all Power both Temporal and Ecclesiastical is vested in the King it seems to be a high point of disobedience for Subjects to hold Courts of Judicature to disturb and punish the Kings Liege People without any Legal Authority From whence may arise these few short Quaeries Qu. 1. Whither it be not proper for the persons cited to demand the sight and hearing of the Commission by which the Judges claim their Jurisdiction 1st for their own safety 2dly In point of Loyalty to the King 3dly As being obliged by the Oath of Supremacy to renounce â—â—l Forreign Jurisdictions Qu. 2. Supposing the said Judges produce no Authority from the King yet proceed to Excommunication whether the said Excommunication be not void Qu. 3. Whether the said Judges be not Indictable upon a Pramunire or liable to an Action as Counsel shall direct For what remains the parties concerned may take their measures as they find most necessary for self preservation from Mr. Cary's True Guide for all persons concern'd in Ecclesiastick Courts FINIS Rast Stat. vol. 2. c. 1. fo 397. This Parliament began the 19 of February in the 35th of the Queen and was dissolved the 10th of April following Abjure The form of the Submission 39 Eliz. c. 18. 43. Eliz. c. 9. Sect. 18. Sect. 27. King James began his Reign Anno 1602 March the 24th 1. Jacobi ca. 25. Sect. 13. and 24. Sessio 2. 3. Jacob. 3. Session 4. Jacobi 4. Session 7 Jacobi Huttons Rep. fol. 61. Resolutions upon the Statute of 35 Eliz. c. 1. concerning Sectaries What shall be said a Session of Parliament This Statute was Anno 18 Jacobi and Printed but is not in any of the Statute Books Saint-John versus Saint-John 21 Jac. c. 28 58 Statutes in this Act revived and continued 1 Car. 1. cap. 7. This Session of Parliament by reason of the increase of the Sickness and other inconveniences of the Season requiring a speedy Adjournment nevertheless shall not determine by His Majesties Royal Assent to this some other Acts. 3 Car. 1. cap. 4. Sect. 21. Sect. 22. * in his History of the Life and Death of the 35. Eliz. c. 1. An. 16. Car. 1. cap. 4. An. 16. Car. 2. This 35. Eliz. c. 1. was continued but that Act it seems is since expired Keeble Stâ— fo 1293. c. 4. 35. Eliz. c. 1. declared to be in force Statutes are of two sorts Those that are introductory of a New and those that are declaratory of an old Law Further remedy against Seditious Sectaries Unlawful Conventicles and Meetings under pretence of Exercise of Religion forbidden The punishment and manner of proceeding against them for the first Offence Second Offence Third Offence How seditious Sectaries being convicted may be transported How the Offendâ—r 〈…〉 discharged â—pâ—n payment of â—f 〈◊〉 pâ—und Punish 〈◊〉 of Offendâ—rs 〈◊〉 the tâ—ird Offence How the sâ—id Penalty of 〈◊〉 poâ—â—d shall be disposâ—d Persâ—n sued fâ—r execâ—ting this Act may plead the geneâ—â—ral Issue aâ—d recover â—reble Câ—sts Felony to escâ—pe after Convictim or to retâ—rn after Transportation Seditious and tumâ—ltuous Mettings and Conveâ—ticles The penalty of suffering Conventieles in private houses Goalers may not let Prisoners committed upon this Act to go at large The Penalty Within what time Offendâ—rs must be prâ—sâ—cuted Married women how to be punished How Justices of the Peace may enter into houses suspected for Conventicles The houses of Peers What persons may not be commited to the house of Correction Persons served with Process Refusing to take au Oath 14. C. 2. ca. How such persons may be acquited Peers offending how to be proceeded against The continuance of this Act Keeble St. A. 12. Car 2. c. 1. fol. 1. 61. The Preamble 16 Car. 2. c. 4. Conventicles c. forbidden after the Tenth of May 1670. How the Offendors must be Convicted The penalty for the first Offence The Record and Conviction to be returned to the next Quarter Sessions The Penalty for the second offence The Penaltiâ—s how to be levied Constablet c. to levy the same and pay it to â—he Justice immediately How the penalties are to be devided Certificate into the Exchequer The penalty of such as Preach or teach in a Conventicle how to be levied and dispâ—sed The forfeit re of such as suffer Conventicles iâ— their Houses Provâ—so Appeâ—â—s way be and to whom and in whâ—t Cases Appellant to enter into a Recâ—gnizaâ—ce Justices of Peace Câ—â—stabâ—es c 〈◊〉 refusal may break upon doâ—rs Lieutenants Deputy Lieutenanâ—s and 〈◊〉 Officers â—f the Miliâ—ia â—ust disperse Conventicles either with Horse or Foot Proviso for Peers of the Realm The penalty of all Justices of Peace Constables and othâ—r Officers Civil aâ—d Military that omit their duty in pâ—rforâ—iâ—g this Act. All persons indeâ—priâ—ied that put this Act in execution This Act to be interpreted â—ost beneficially for the suppressing Conventicles Offeâ—dâ—rs to be prâ—secuted within three months after the offence Aldermen within London have the same power there as Justices of Peace elsewhere Feme-Covert Peers of the Realm Proviso fâ—r the Kings Supremacy Sect. 1. Sect. 2. Sect. 16. Sect. 17. Sect. 18.
to his Warrants it being a try'd Case at Bury Assizes in Suffolk 1678. or 1679. before the L. C. J. Scroggs where no more was recorded although the Warrants were for some hundreds of pounds 7. Whether it be not positively against the Statute for the Observation of the Lords Day by which it is expresly Enacted That no Warrants shall be served upon that Day but in Cases of Treason Felony or Breach of the Peace to serve a Warrant upon a Religious Meeting This being the State of the Dissenters Case there nothing remains behind but for that most Sacred and Heavenly vertue Charity to give up a true determination accroding to the Precepts of Scripture Reason and Morality and the Rules of Christian Government Although I cannot think but that most men are satisfied that the Act of the 35 of Eliz. is expired yet I thought it might not be amiss to subjoin hereunto the said Act at large with all other Statutes made since that Act that have any Reference to it there have been so many solid Arguments given by men understanding in the Law to prove the expiration of it that I shall not adventure to say any thing after them The most material Act upon which Dissenters are likely to be prosecuted is that of the 22 of his present Majesty which hath been the Subject of most of the preceding Discourse therefore I have also inserted that at laage VESTIGIA VERITATIS c. An Act to retain the Queens Majesties Subjects in their due obedience FOr the preventing and avoiding of such great inconveniences and perils as might happen and grow by the wicked and dangerous practices of Seditious Sectaries and disloyal persons Be it enacted by the Queens most excellent Majesty and by the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the authority of the same That if any person or persons above the age of 16 years which shall obstinately refuse to repair to some Church Chappel or usual place of Common-Prayer to hear Divine Service established by her Majesties Laws and Statutes in that behalf made and shall forbear to do the same by the space of a Month next after without lawful Cause shall at any time after 40 days next after the end of this Session of Parliament by Printing Writing or Express Words or Speeches advisedly and purposely practise or go about to move or persuade any of her Majesties Subjects or any other within her Highness Realms or Dominions to deny withstand and impugn her Majesties Power and Authority in Causes Ecclesiastical united and annexed to the Imperial Crown of this Realm or to that end or purpose shall advisedly or maliciously move or persuade any other Person whatsoever to forbear or abstain from coming to Church to hear Divine Service or to receive the Communion according to her Majesties Laws and Statutes aforesaid or to come to or to be present at any unlawful Assemblies Conventicles or Meetings under colour or pretence of any Exercise of Religion contrary to her Majesties said Laws and Statutes or if any person or persons which shall obstinately refuse to repair to some Church Chappel or usual place of Common Prayer and shall forbear by the space of a Month to hear Divine Service as is aforesaid shall after the said forty days either of him or themselves or by the motion persuasion entertainment or allurement of any other willingly joyn in or be present at any such Assemblies Conventicles or Meetings under colour or pretence of any such Exercise of Religion contrary to the Laws and Statutes of this Realm as is aforesaid That then every such person so offending as aforesaid and being thereof lawfully convicted shall be committed to prison there to remain without Bayl or Mainprise until they shall conform and yield themselves to come to some Church Chappel or usual place of Common Prayer and hear Divine Service according to her Majesties Laws and Statutes aforesaid and to make such open Submission and Declaration of their said Conformity as hereafter in this Act is declared and appointed Provided always and be it further enacted by the authority aforesaid that if any such person or persons which shall offend against this Act as aforesaid shall not within three Months next after they shall be convicted for their said offence conform themselves to the obedience of the Laws and Statutes of this Realm in coming to the Church to hear Divine Service and in making such Publick Confession and Submission as hereafter in this Act is appointed and expressed being thereunto required by the Bishop of the Diocess or any Justice of the Peace of the County where the same person shall happen to be or by the Minister or Curate of the Parish that in every such case every such offender being thereunto warned required by any Justice of the Peace of the same County where such Offenders shall then be shall upon his and their corporal Oath before the Justices of the Peace in the open Quarter Sessions of the same County or at the Assizes and Gaol-delivery of the same County before the Justices of the same Assises and Gaol delivery Abjure this Realm of England and all other the Queens Majesties Dominions for ever unless her Majesty shall licence the party to return And thereupon shall depart out of this Realm at such Haven or Port and within such time as shall in that behalf be assigned and appointed by the said Justices before whom such abjuration shall be made unless the same offender be letted or stayed by such lawful and reasonable means or causes as by the Common Laws of this Realm are permitted and allowed in cases of abjuration for Felony And in such Cases of let or stay then within such reasonable and convenient time after as the Common Law requireth in case of abjuration for felony as is aforesaid And that the Justices of Peace before whom any such abjuration shall happen to be made as is aforesaid shall cause the same presently to be entred of Record before them and shall certifie the same to the Justices of Assises and Gaol delivery of the said County at the next Assises or Gaol-delivery to be holden in the same County And if any such offenders which by the tenour and intent of this Act is to be abjured as is aforesaid shall refuse to make such abjuration as is aforesaid or after such abjuration made shall not go to such Haven and within such time as is before appointed and from thence depart out of this Realm according to this present Act or after such his departure shall return or come again into any her Majesties Realms or Dominions without her Majesties special licence in that behalf first had and obtained That then in every such Case the person so offending shall be adjudged a Felon and shall suffer as in case of Felony without benefit of Clergy And furthermore be it enacted by the Authority of this present
notwithstanding FINIS A Postscript touching Prosecutions in the Ecclesiastical Courts HAving thus done with the Temporal Prosecutions it may not be amiss to add a word concerning the Spiritual Persecutions now on foot by Citations and Excommunications not only to the great perplexity and trouble but to the great expence of the people In reference to which Men are to consider whether the present Ecclesiastical severity be according to Law or no For what ever is done to disturb the quiet and repose of particular Subjects contrary to Law is down right Oppression That the exercise of the Punishments of Excommunication and an Anathema is allowable against obdurate Hereticks and Schismaticks is apparent from Scripture and the same Scriptute directs both by whom how and upon whom these Sentences ought to be pronounced On the other side as there is no part of Scripture that erects any Ecclesiastical Courts of Judicature or Warrants the formal Processes of Citations Pleas and Answers or the extravagant Fees of Proctors Apparitors and Promooters so it appears that since the Reformation they have been abrogated by the Law of the Land as being look'd upon meerly to be the effects of Popish Usurpation For Episcopal Authority consists not so much in keeping Courts as in a true Inspection and Care over the Flock of Christ the Weapons of their Authory are only Admonition and Reprehension and then Excommunication comes of course a more Regular aud Apostolick way than by Processes and Citations As to all other Jurisdiction comprehending Force and Compulsion it is vested solely in the King who is by all true Protestants accounted the Defender of the Faith and the supream Head of the Church The Law it self runs thus And whereas the Arch-Bishops and Bishops and other Spiritual persons in this Realm do use to make and send out their Summons Citations and other Processes in their own names and in such form and manner as was used in the time of the usurped power of the Bishop of Rome contrary to the form and order of the Summons and Process of the Common Law used in this Realm seeing that all Authority of Jurisdiction Spiritual and Temporal is derived and deducted from the Kings Majesty as supreme head of these Churches and Realms of England and Ireland so justly acknowledged by the Clergy of the said Realm that all Courts Ecclesiastical within the said two Realms be kept by no other power or authority either forreign or within the Realm but by the authority of his most excellent Majesty Be it therefore further enacted by the Authority aforesaid that all Summons and Citations or other Process Ecclesiastical in all suits and causes of Instance betwixt party and party and all causes of Correction and all causes of Bastardy or Bigamy or enquiry de jure patronatus Probates of Testaments and Commissions of Administartions of persons deceased and all Acquittances of and upon account made by the Executor Administrators or Collectors of goods of any dead person be from the first day of July next following made in the name and with the style of the King as it is in Writs Original or Judicial at the Common Law And that the Test thereof be in the name of the Arch-Bishop or Bishop or other having Excclesiastical Jurisdiction who hath the Commission and grant of the Authority Ecclesiastical immediately from the Kings Highness and that his Commissary Official or Substitute exercising Jurisdiction under him shall put his name in the Citation or Process after the Test Further be it enacted by the Authority aforesaid That all manner of person or persons who have the exercise of Ecclesiastical Jurisdiction shall have from the first day of July before expressed in their Seals of Office the Kings Highness Arms decently set with certain Characters under the Arms for the knowledge of the Diocess and shall use no other Seal of Jurisdiction but where His Mejesties Arms be ingraven upon pain that if any person shall use Ecclesiastical Jurisdiction after the day before expressed in this Realm of England Wales or other his Dominions or Territories and not send or make out the Citation of Process in the Kings name or use any Seal of Jurisdiction other than before limited that every such Offender shall incur and run in the Kings Majesties displeasure and indignation and suffer Imprisonment at his Higness will and pleasure Provided that no more nor other Fees be taken or paid for the Seal and Writing of any Citations or other Process than was heretofore accustomed Which being true what power the Bishops have to hold their Spiritual Courts and send out Process in their own Names and to make Citations and Executions of Judgements under their own Seals is an enquiry not improper for them that believed themselves wronged This Act is said to have been repeal'd by the 1. and 2. of Philip and Mary c. 8. though no mention be made of it among the repeal'd Acts of that time However though it were it was again reviv'd by the 1. of Eliz. c. 1. in these words Most humbly beseech your most Excellent Majesty your faithful and obedient Subjects the Lords Spiritual and Temporal and the Commons in this your present Parliament assembled That where in the time of the Reign of your most dear Father of Worthy Memory King Henry the 8th divers good Laws and Statutes were made and Established as well for the utter extinguishment and putting away of all Usurped and Forreign Powers and Authorities out of this your Realm and other your Highness Dominions and Countries as also for the restoring and uniting to the Imperial Crown of this Realm the Ancient Jurisdictions Authorities Superiorities and Preheminencies to the same of right belonging and appertaining by reason whereof we your most humble and obedient Subjects from the Five and twentieth year of the Reign of your said dear Father were continually kept in good order and were disburdened of divers great and intollerable Charges and Exactions before that time unlawfully taken and exacted by such Forreign power and authority as before that was usurped until such time as all the said good Laws and Statutes by one Act of Parliament made in the first and second years of the Reigns of the late King Philip and Queen Mary your Highness Sister intituled an Act Repealing all Statues Articles and Provisions made against the See Apostolick of Rome since the Twentieth year of King Henry the eight and also for the Establishment of all Spiritual and Ecclesiastical Possessions and Hereditaments conveyed to the Laity were all clearly repealed and made void as by the same Act of Repeal more at large doth and may appear by reason of which Act of Repeal your said humble Subjects were eftsoons brought under an usurped Forreign Power and Authority and yet do remain in that bondage to the intollerable charges of your loving Subjects if some redress by Authority of this your High Court of Parliament with the assent of your Highness be not had and provided