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A39442 An abridgment; or, a summary account of all the statute laws of this kingdom made against Jesuites, seminary priests, and popish recusants drawn up for the benefit of my dear Protestant countrey men, and specially of the juries of England; who, in pursuance of his Majesties proclamation, published at the request and desire of the two houses of Parliament, are to present and indict all Jesuites, priests, and popish recusants, according to the tenor and effect of the said statute laws, and of the said proclamation. Done by a Protestant, to inform such of his fellow subjects, that are ignorant of these laws, and would be willing to do their duties, where and when the laws injoyn them thereto. 1666 (1666) Wing E861; ESTC R200827 16,826 20

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will clear us of the great and certain fears had by all the Parliaments of England and all sober men for above fourscore years last past That you are more faithful to the Pope then to our English Kings and Government Else you must let us still believe you are Factious and not Consciencious Do therefore but conform to the English Laws and Government and you will quickly be in the same liberty and security with the rest of his Majesties Subjects Farewell J. R. An Abridgement or Summary account of all the Statute-Laws of this Kingdom made against all Jesuites Seminary Priests and Popish Recusants drawn up for the benefit of my Countrey men and of the Juries of England who in pursuance of his Majesties Proclamation published at the Request of the two Houses of Parliament are to Present and Indict all Jesuites Priests and Popish Recusants according to the Tenor and effect of the said Statutes and Proclamation 1. BY the Statute of 1o. Eliz. cap. 1. No Forreign Potentate or other person shall exercise any Ecclesiastical Power in the Queens Dominions but she and her Successors may by Letters Pattents authorize any Subject born to exercise the same 2. For the better observance of this Act every Ecclesiastical and Temporal OFFICER and such as take Degrees in the University and all the Queens Servants are injoyned to take the Oath of Supremacy recited in haec Verba in this Statute to which because it is long you are referred 3. He that refuseth this Oath if he be in any Office shall forfeit such Spiritual or Temporal Office or Promotion during his life or if he be to be admitted to any such Office he shall take the aforesaid Oath before he be admitted and if he refuse it he shall be adjudged uncapable of it 4. If any have a Temporal Office of Inheritance and at first refuse this Oath but afterwards shall take it he shall be restored 5. None shall maintain the jurisdiction of any Forreign Prelate or Potentate in the Queens Dominions upon pain of forfeiting all his Goods and Chattels and if he be not worth twenty pounds at the time of his Conviction he shall forfeit all he hath and suffer a years imprisonment without Bayl and for the second offence incur a Praemunire and for the third offence be guilty of high Treason which offence must be prosecuted within one year after it is committed but if the offence be by Preaching Teaching or Words onely Prosecution by Indictment must be within six months else the Offender to be set at liberty 6. A Clergy man beneficed upon the first Conviction for such offence shall loose his Spiritual promotion 7. A Peer of the Realm guilty of such offence is to be tryed by his Peers 8. No persons to be Indicted or Arraigned for the aforesaid offences but by two or more sufficient witnesses produced vivâ voce and none shall be questioned for relieving ayding or comforting any such offender as is before mentioned unless it be proved by two witnesses at least that at the time of such relief aid c. he had notice of the offence committed 1. By this Statute of 5to Eliz. None shall maintain the Jurisdiction of the Bishop or Sea of Rome within any of the Queens Dominions upon pain that they and their Accessaries shall incur a Praemunire 2. Justices of Assize Justices of the Peace in Sessions or any two of them whereof on of the Quorum have power to hear and determine this offence and to certifie the presentments into the Kings Bench within a time limited in the Statute on pain of a hundred pound and Justices of Assize have power as well upon such Certificate as also before themselves to hear and determine such Offences 3. All persons appointed by the Statute of 1. Eliz. cap. 1. to take the Oath of Supremacy and all other persons taking Orders preferred to any Degree in the Universities all Schoolmasters publick and private all that take degrees of Learning in the Laws in the Inns of Court or Chancery all Attournies Protonotaries Philizers Escheators c. All persons admitted to any Ministry or Office belonging to the Common Law or other Law or Laws and all Officers and Ministers of every Court shall take the said Oath before their admittance to the exercise of any such Offices or Profession 4. He that is thus compettable to take the said Oath if he refuse it incurs a Praemunire if his default be presented and he Indicted within a year after the default 5. Archbishops and Bishops have power in their proper Diocesses to minister this Oath and the Lord Chancellor or Keeper without further Warrant may grant Commission to tender it 6. All persons impowered to tender this Oath are to certifie the Refusals of those Recusants that will not take it under their hands and seals into the Kings-Bench within a limited time in the Statute on pain of 100 l. See the Statute at large as to the Time 7. Those that refuse this Oath upon second Tender or were formerly convicted of maintaining the Jurisdiction of the Pope or See of Rome and do commit the like Offence the second time both they and their Accessaries shall suffer as in case of high Treason except in case of corruption of Blood disinherison of Heirs forfeiture of Dower or prejudice to others beside the Offender c. But none shall be punished as accessary for giving Alms without fraud to the Offender 8. This Act is to be published at every Quarter-Sessions at every Leet and every Term in open Hall in the Innes of Court and Chancery by the persons appointed thereto 9. Every Member of the Commons House is to take this Oath before he sit in Parliament before the Lord Steward or his Deputy 10. None of or above the degree of a Baron is compellable to take this Oath but a Peer offending herein is onely triable by his Peers 11. No Papist is compellable to take this Oath upon second tender or be in danger by refusal thereof to incur high Treason but onely Clergy-men Officers of Ecclesiastical Courts such as shall not observe the Rites of the Church of England c. or do say or hear Private Mass 1. By this Statute All that obtain or put in ure any Bull of Absolution or Reconciliation from the Church of Rome or absolve or be absolved thereby both they and their Accessaries before the fact shall be adjudged guilty of high Treason 2. Their Comforters and Maintainers shall incur a Praemunire and their Concealers misprision of Treason unless within six weeks they discover them to some Privy Counsellour c. 3. If any bring into the Queens Dominions any Agnus Dei Crosses Pictures Beads or any such vain and superstitious thing or deliver or offer the same to any person to be used the Person so doing and the
An Abridgment OR A Summary Account of all the Statute Laws of this Kingdom made against Jesuites Seminary Priests and Popish Recusants drawn up for the benefit of my dear Protestant Countrey men and specially of the Juries of England who in pursuance of his Majesties Proclamation published at the request and desire of the two Houses of Parliament are to Present and Indict all Jesuites Priests and Popish Recusants according to the tenor and effect of the said Statute Laws and of the said Proclamation Done by a Protestant to inform such of his fellow Subjects that are ignorant of these Laws and would be willing to do their duties where and when the Laws injoyn them thereto Principiis obsta Serò medicina paratur Cum mala per longas convaluere moras Serò Sapiunt Phryges London Printed in the Year 1666. Protestant Reader THou hast here an Abridgment of our Parliamentary Laws against Jesuites Priests and Popish Recusants a people unquiet alwayes where they have not their Wills or rather the will of their Romish Prelate and his under-fry of Popish Priests c. for a common Papist is nothing else but Pars animata Domini Papae And as it is a true Rule in the Civil Law touching Servants or Children Velle non creditur qui obsequitur imperio patris vel Domini So it is most true touching most Papists their Souls are acted by and tacked to the Dictates and will of their Supream Priest or false Prophet else why should his Canon Lawyers so sordidly affirm as they do have long agoe done in Print Omnia Jura sunt in scrinio pectoris Papae Papa in omnibus juribus humanis dispensare potest in quibusdam Divinis But I shall not trouble the Reader with such dirty Assertions as his Canonists and other Writers touching his pretended Authority do and have made publick As for my saying That they are unquiet it is too true the Raigns of Queen Elizabeth King James and King Charles the first all testifie it and his present Majesty in His Royal Proclamation calls them Insolent I wish they were not so for their own sakes as well as us Protestants But I will travel no further into this Coast onely I desire the Reader to observe these two things in reading this Abridgment 1. That he take this Paper as an Abridgment of the Statute and not the whole Statutes and therefore let him resort to the Statutes themselves for fuller information though here he hath the substance of every of the Statutes against Recusants 2. That he be not offended with the Abridger for the Repetitions of things in later Statutes that are mentioned in former Statutes it pleased the Parliament to do so and why may not the Abridger do so too And besides where such Repetitions are the latter Statutes for the most part enlarge the former Laws either in the preceptive or penal part of them I have no more to say to thee but to desire thee to take my pains in good part for it is for my Countreys good I have done it what ever the Romish party may think on the contrary side Farewell J. R. TO THE Popish Readers GENTLEMEN IT is not your prejudice that is designed by this Paper but the Protestants safety and security Yea the security of our King our Parliaments our Religion and the whole Kingdom Experience hath dearly taught England that there was little safety to it or security to Protestant Professors when your Religion Triumphed Our Histories are too full of your cruelties to those that were contrary minded to you touching the pretended Authority of your Pope Matthew Paris an Historian of your own Religion and many others since have given us an account of the many Vsurpations of the Papal Chairs over the Kings of England Object But for all this I yet expect you will Object Why should we be thus severely punished for our Consciences No man ought to be punished for his Conscience Answ 1. To this Objection I shall give you these answers for the present 1. This was your Predecessors complaint ever since the beginning of the Reformation in Queen Elizabeths time even then when your Predecessors were plotting and endeavouring to take away her life witness Doctor Parry Parsons and many others designs against her by the directions and countenance of your Romish Prelate as our Histories tells us Is this Conscience No rational man can affirm it 2. If you will take the pains to look into a Book called the Cabbala or Secrets of State being a Book published in the late troublesome times you will there find a Letter from Walsingham Secretary to Queen Elizabeth to Mounsieur Le Croy then Secretary of France in answer to the like Objection or Question of the said Secretary on behalf of the Papists of those times viz. Why should the Romish Catholicks of England be so severely handled as they then were by her Laws for their Consciences VValsingham answers him to this effect as far as my memory serves me to remember for I have not the Book by me 1. That the Queen punished none of the Papists for their Consciences for this was a Rule with her That Conscience is not to be forced but to be rectifyed and reduced by the help of all good means and instructions and by the ayd of time 2. Another Rule that she also observed was to this effect That if men who pretended Conscience did grow Seditious and disturb the Government then it was no more Conscience but the Civil Magistrate might punish such people notwithstanding their pretended Conciences and shews him the many disturbances the Papists attempted against the Queens government and designs against her person which was the cause of her making so severe Laws and I think none of you can deny the truth and wholesomness of these Rules against your pretended Consciences 3. But to add one answer more to these of VValfinghams against your pretended Conscience Do you not all hold it as a certain principle that the Pope is superiour to all the Kings in the VVorld in Spirituals even in their own Kingdoms And so by consequence to the King of England And do you not hold that in ordine ad Spiritualia he may cause Insurrections to be raised in any Kings Dominions and Excommunicate and depose Kings c. And are not you bound to do what ever he commands you in order to Spirituals Nay have not your Ancestors by their practices verified these things Every understanding man that knows ought of your Religion and practise of your Ancestors knows this to be true Is this Conscience Is not this high Treason by the Laws of most Princes in the World who make Laws but according to meer Reason Is it not most certain that no other sort of Professions or Religions in the known world holds this wicked Principle but your selves and will you alone call this Conscience away with such pretentions take but the Oath of Supremacy and you