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A28290 An historical account of making the penal laws by the papists against the Protestants, and by the Protestants against the papists wherein the true ground and reason of making the laws is given, the papists most barbarous usuage [sic] of the Protestants here in England under a colour of law set forth, and the Reformation vindicated from the imputation of being cruel and bloody, unjustly cast upon it by those of the Romish Communion / by Samuel Blackerby ... Blackerby, Samuel, d. 1714. 1689 (1689) Wing B3069; ESTC R18715 230,149 164

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or privily without the Lycense of the Diocesan of the same place first required and obtained Curates in their own Churches and persons hitherto priviledged and other of the Cannon Law granted only except Nor that none from henceforth any thing preach hold teach or instruct openly or privily or make or write any Book contrary to the Catholick Faith or determination of the Holy Church nor of such Sect and wicked Doctrines and Opinions shall make any Conventicles or in any wise hold or exercise Schools and also that none from henceforth in any wise favour such preacher or maker of any such and like Conventicles or holding or exercising of Schools or making or writing such Books or so teaching informing or exciting the people nor any of them maintain or any wise sustain and that all and singular having such Books or any Writings of such wicked doctrines and opinions shall really with effect deliver or cause to be deliverd all such Books and Writings to the Dyocesan of the same place within forty days from the time of the Proclamation of this Ordinance and Statute And if any person or persons of whatsoever kind estate or condition that he or they be from henceforth do attempt against the Royal Ordinance and Statute aforesaid in the premises or in any of them or such books in the forme aforesaid do not deliver then the Diocesan of the same place in his Dyocess such person or persons in this behalf defamed or evidently suspected and every of them may by the Authority of the said Ordinance and Statute cause to be arrested and under safe custody in his prisons to be detained till he or they of the Articles laid to him or them in this behalf do canonically purge him or themselves or else such wicked Sect Doctrines Preachings and Heretical and Erroneous Opinions do abjure according as the Laws of the Church do require so that the said Diocesan by himself or his Commissaries do openly and judiciously proceed against such persons so arrested and remaining under his safe Custody to all effect of the Law and determine that same business according to the Canonical Decrees within three months after the said arrest any lawful impediment ceasing And if any person in any case above expressed be before the Diocesan of the place or his Commissaries Canonically convict then the same Diocesan may do to be kept in his prison the said person so convict for the manner of his default and after the quality of the offence according and as long as to his discretion shall seem expedient and moreover to put the same person to the secular Court except in cases where he according to the Canonical Decree ought to be left to pay to our Soveraign Lord the King his pecuniar fine according as the same fine shall seem competent to the Diocesan for the manner and quality of the offence in which case the same Diocesan shall be bound to certifie the King of the same Fine in his Exchequer by his Letters Patents sealed with his seal to the effect that such Fine by the King's Authority may be required and levyed to his use of the goods of the same person so convict And if any person within the said Realm and Dominion upon the said wicked preachings doctrines opinions schools and heretical and erroneous informations or any of them be before the Diocesan of the same place or his Commissaries sententially convict and the same wicked Sect preachings doctrines and opinions schools and informations do refuse duely to abjure Or by the Diocesan of the same place or his Commissaries after the abjuration made by the same person pronounced fall into relaps so that according to the holy Canons he ought to be left to the secular Court whereupon credence shall be given to the Diocesan of the same place or to his Commissaries in this behalf then the Sheriff of the County of the same place and Mayor and Sheriffs or Sheriff or Mayor and Bayliffs of the City Town and Burrough of the same County next to the same Diocesan or the said Commissaries shall be personally present in preferring of such sentences when they by the same Diocesan or his Commissaries shall be required and they the same persons and every of them after such sentence promulgate shall receive and them before the people in a high place do to be burnt that such punishment may strike in fear to the minds of other whereby no such wicked Doctrine and Heretical and Erronious Opinions nor their Authors and Fautors in the said Realm and Dominions against the Catholick Faith Christian Law and Determination of the holy Church which God prohibit be sustained or in any wise suffered in which all and singular the premises concerning the said Ordinance and Statute the Sheriffs Mayors and Bayliffs of the said Counties Cities Burroughs and Towns shall be attending aiding and supporting to the said Diocesans and their Commissaries From the Preamble of which Act of Parliament and the Act it self I observe three things 1 st That it being soon after the death of Wickliffe the persons there mentioned to have had a new Faith about the Sacraments of the Church and the Authority of the same and that Preached without authority that gathered Conventicles taught Schools and wrote Books against the Catholick Faith with many other hainous aggravations had been the followers of Wickliff and were then of John Huss and Jerom of Prague and the rest of the Reformers from Popery and were carrying on that Blessed Work as fast as they could 2ly That the end and Design of this Law was That that Sect as the Act calls them their Preachings Doctrines and Opinions should from thenceforth Cease and be utterly destroyed And 3dly That in order thereunto by this Statute The Sheriffs or other Officers were immediately to proceed to the burning of Hereticks i. e. Protestants without any Writ or Warrant from the King without which Writ as I observed before they could not proceed to burn any Person and accordingly they proceed in burning the Professors of the true Religion all the Reign of King H. the 4th CHAP. III. Hen. V. IN the beginning of the Reign of King Henry the 5th by reason of a pretended Conspiracy a more severe Act was made against the Professors of the true Religion whom they then called Lollards by which Act all Officers of State Judges By this Law the Lollards or Professors of the true Religion forfeit real and personal Estate to the King. Justices of the Peace Mayors Sheriffs and Bailiffs were to be sworn when they took their Imployments to use their whole Power and Diligence to destroy all Heresie and Errors called Lollardies and to assisst the Ordinaries and their Commissaries in their Proceedings against them and that the Lollards should forfeit all the Lands they held in Fee simple and their Goods and Chattels to the King. Which Act that the Papists may not have the least colour to contradict what I say I
have here inserted as it is Printed in Rastal in these words Forasmuch as great Rumors Congregations and Insurrections 2 H. 5.7 Rast Stat. 1. pt fol. 205. The Magistrates are to take an Oath to suppress the Professors of the true Religion then called Lollard here in the Realm of England by divers of the King's Leige People as well by them which were of the Sect of Heresie commonly called Lollardy as by others of their Confederacy Excitation and Abetment now of late were made to the intent to adnul destroy and subvert the Christian Faith and the Law of God and Holy Church within this same Realm of England and also to destroy the same our Soveraign Lord the King and all other manner of Estates of the same Realm of England as well Spiritual as Temporal and also all manner of Polity and finally the Laws of the Land the same our Soveraign Lord the King to the Honour of God and in conservation and fortification of the Christian Faith and also in salvation of his Royal Estate and of the Estate and of the Estate of all his Realm willing against the Malice of such Hereticks and Lollards to provide a more open remedy and punishment then hath been had and used in the case heretofore so that for fear of the same Laws and Punishments such Heresies and Lollardries may the rather cease in time to come by the advice and assent aforesaid and at the prayer of the said Commons hath Ordained and Established That first the Chancellor Treasurer Iustices of the one Bench and of the other Iustices of the Peace Sheriffs Mayors and Bailiffs of Cities and Towns and all other Officers having governance of People which now be or hereafter for the time shall be The Oath shall make an Oath in taking of their Charges and Occupations to put their whole power and diligence to put out and do to be put out cease and destroy all manner of Heresies and Errors commonly called Lollardries within the places where they exercise their offices and occupations from time to time with all their power and that they assist the Ordinaries and their Commissaries and them favour and maintain as often as they or any of them to that shall be required by the same Ordinaries or their Commissaries so that when the said Officers and Ministers travel or ride to arrest any Lollard or to make assistance at the instance and request of the Ordinaries or their Commissaries by vertue of this Statute that the same Ordinaries and Commissaries shall pay for their costs reasonably and that the King's Services to the which the same Officers be first sworn be preferred before all other Statutes for the Liberty of Holy Church and the Ministers of the same and in especial for the Correction and Punishment of the Hereticks and Lollards before this time made and not repelled being in their force and also that all Persons convict of Heresie of what estate condition or degree that they be by the said Ordinaries or other Commissaries left to the Secular Power according to the Laws of Holy Church shall lose and forfeit all their Lands and Tenements which they have in fee simple in the manner as followeth that is to say that the King have all the Lands and Tenements which the said Convicts have in fee simple and holden of him immediately as forfeit and the other Lords of whom the Lands and Tenements of such Convicts be holden immediately after that the King is so seized answered of the year the day the waste have Liberty out of the King's hands of the Lands Tenements aforesaid of them so holden as hath been used in the Case of Attainder of Felony Except the Lands and Tenements which be holden of the Ordinaries or their Commissaries before whom any such persons impeached of Heresie be convict which Lands and Tenements intirely shall remain to the King as forfeit And moreover that all the Goods and Chattels of these person so convicted be forfeit to our Soveraign Lord the King. So that no person convict of Heresie and left to the Secular power after the Laws of Holy Church shall forfeit his Lands before that he be dead and if any such person so convict be infeoffed be it by Fine by Deed or without Deed in Lands or Tenements Rents or Services in Fee or otherwise or hath any other possessions or Chattels by gift or grant of any person or persons to another's use then to the use of such convicts that the same Lands or Tenements Rents or Services nor such other Possessions nor Chattels shall be forfeit to our Sovereign Lord the King in no wise and moreover that the Iustices of the King's Bench and Iustices of Peace and Iustices of Assize have full power to enquire of all them who hold any Errors or Heresies as Lollards and which be their Maintainers Receivers Favourers and Sustainers common Writers of such Books as well of their Sermons as of their Schools Conventicles Congregations and Confederacies and that this clause be put in Commissions of Iustices of the Peace And if any persons be indicted of any points aforesaid the said Iustices shall have power to award against them a Capias and the Sheriffs shall be bound to arrest the person or persons so indicted as soon as he may them find by him or by his Officers and forasmuch as the cognizance of Heresie Errors and Lollardies belongeth to the Iudges of Holy Church and not to Secular Iudges such persons indicted shall be delivered to the Ordinaries of the place or to their Commissaries by Indentures betwixt them to be made within ten days after their arrest or sooner if it may be thereof to be acquir or convict by the Laws of Holy Church in case these persons be not indicted of another thing whereof the cognizance belongeth to the secular Iudges and Officers in which case after that they be acquit or delivered before the secular Iudges of such things to the secular Iudges belonging they shall be sent in safeguard to the said Ordinaries or to their Commissaries and to them delivered by Indentures as before to be acquit or convict of such Lollardries Errors or Heresies as is aforesaid after the Laws of Holy Church and that within the term aforesaid provided alwaies that the said Indictments be not taken in Evidence but for Information before the Spiritual Iudges against such persons so indicted but that the Ordinaries commence their Process against such persons indicted in the same manner as tho' no Indictment were having no regard to such Indictments And if any be Indicted of Heresie Error or Lollardry and taken by the Sheriff or other Officer he shall be let to main prize within the said ten days by good Surety to whom the said Sheriffs or other Officers will answer so that the said person or persons which were so indicted be ready to be delivered to the said Ordinaries or to their Commissaries before the end of the said
penalty twenty Pounds forfeiture for not burying according to the Rites of the Church of England Children sent beyond Seas without Lycense are disinherited and disabled to take any Lands or Personalty by Gift Conveyance Descent Devise or otherwise till they take the Oath of Allegiance a hundred Pound penalty for sending them Soldiers Marriners Merchants their Apprentices or Factors excepted Popish Recusants convict are disabled to dispose of any of their Ecclesiastical Livings but the Chancellor and Schollars of Oxford and Cambridge have the right of Presentation Nomination c. but none to be presented who hath a Benefice with cure of Souls Papists are disablede from being Executors Administrators Guardians No Person to bring from beyond Sea Print Sell or Buy any Popish Primers Ladies Psalters c. upon the Penalty of Forty shillings for every such Book two Iustices of Peace within their Iurisdiction Bayliffs and chief Officers of Cities and Towns may search for popish Books and what are found they may burn Papists Armor shall be seized other then what is Iudged by the Iustices absolutely necessary for the defence of their Houses If they refuse to permit a Search to delivet Armor or Munition when t is found they forfeit the Armor and Munition and are to suffer three Months imprisonment without Bayl or Main-prize they must maintain their Armor notwithstanding it be taken away Ecclesiastical Censures are saved Vid. Roger Widdringtons Theological Disputation Epist Dedicat. to Pope Paul 5. S. 6. No sooner was this Oath and these Acts of Parliament made and published but the Romish Priests fall a Caballing Consulting what they and their Friends ought to do in this Case Of these George Blackwell was Chief his Title ran thus George Blackwell by the Grace of God and the Ordinance of the See Apostolick Arch-Priest of England He and several other Priests agreed the Oath was Lawful and might with a safe Conscience be taken by Papists But this was opposed by certain Jesuites and some other Priests which begot a great Feud and Contest amongst their own Party The Pope and his Assistants were against taking the Oath as if it were enough to overthrow their whole Religion and out thunders the Pope a Breve Right or Wrong expresly Commanding the English not to take the said Oath upon any Account whatsoever part of which Breve is Printed in Foulis in English and Latine which take as it is there The Popes 1st Bull against taking the Oath of Allegiance Foulis Hist l. 10. cap. 3. f. 927. Dilecti filli Salutem Apostolicam Benedictionem MAgno Animi maerore nos semper affecerunt tribulationes calamitates quas pro retinenda Catholica fide jugitur sustinvistis Sed cum intelligamus omnia hoc tempore magis exacerbari afflictio nostra mirum in modum aucta est c. Non potestis absque evidentissima gravissimaque divini honoris injuria obligare vos juramento quod fimiliter maximo cum cordis nostri dolore audivimus propositum vobis fuisse Prestandum Here was inserted the Oath it self infra scripti Tenoris viz. Ego A. B. c. Quae cum ita sint vbis ex verbis ipsis perspicuum esse debet quod bujusmodi juramentum salva fide Catholica salute animarum vestrarum perstari non potest cum multa contineat quae fidei saluti aperte adversantur propterea admonemus vos ut ab hoc atque similibus juramentis prestandis omnino caveatis quod quidem eo acrius exigemus à vobis quia experti vestrae fidei constantiam quae tanquam aurum in fornace perpetuae tribulationis igne probatum est Procomperto habemus vos alacri a●imo subituros esse quaecunque atrociora tormenta ac mortem denique ipsam constanter appetituros potius quam Dei Majestatem ulla in re taedatis c. Precipimus vobis ut illarum Litterarum verba ad amussim servetis simpliciter prout sonant jacent accipitis intelligatis sublata omni facultate illa aliter interpretandi c. Datum Romae apud Sanct. Marcum sub Annulo Piscatoris X. Kalend. Octob. 1606. Pontificatus nostri Anno Secundo Dearly beloved Sons Greeting and Apostolical Benediction THe Tribulations and Calamities which you have continually sustained for the keeping of the Catholick Faith hath always afflicted us with great Grief of mind but forasmuch as we understand that at this time all things are more grievous our affliction hereby is wonderfully encreased c. You cannot without most evident and grievous wronging of Gods honour bind your selves by the Oath which in like manner we have heard with very great Grief of heart is admitted unto you of the Tenor following viz. I A. B. c. Which things since they are thus it must evidently appear to you that such an Oath cannot be taken without wrong to the Catholick Faith and the Salvation of your Souls seeing it contains many things plainly contrary to Faith and Salvation wherefore we admonish you that you do utterly abstain from taking this and the like Oaths Which thing we the more earnestly require of you because we have experience of the Constancy of your Faith which is tryed like Gold in the Fire of perpetual Tribulation we do well know that you will chearfully undergo all kind of cruel Torments whatsoever yea and constantly endure Death it self rather then you will in any thing offend the Majesty of God c. We Command you that you do exactly observe the words of those Letters and that you take and understand them simply as they Sound and as they Lye all Power to interpret otherwise being taken away c. Dated at Rome at St. Marks under the Signet of the Fisher the 22 d. of Septemb. 1606. the 2 d. Year of our Popedom This Breve was presently sent into England notwithstanding it was High Treason to bring it but divers of the Papists having then taken the Oath were unwilling to believe that the Pope himself sent it but that it was * Foulis f. 527. Surreptitiously procured without the Popes knowledge whereupon the Pope to let them know that tho' the Pope might die yet the Bloody and barbarous Tenets and Doctrines of the Popedom were as lasting as the Popedom it self to satisfie those who doubted of the Reality of the former he sent another into England which follows as Foulis relates it Dilecti filii Salutem Apostolicam Benedictionem REnunciatum est nobis reperiri non nullos apud vos qui cum satis Declaraverimus per literas nostras Anno superiore X. Kalend. Octob. in forma Brevis datas vos tuta Conscientia prestare non posse juramentum quod a vobis tunc exigebatur praeterea triste preceperimus ne ullo modo illud praestaretis Nunc dicere audent hujusmodi literas de prohibitione juramenti non ex amini nostri Sententia nostraque propria voluntate scriptas fuisse sed potius aliorum