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A47876 The lawyer outlaw'd, or, A brief answer to Mr. Hunts defence of the charter with some useful remarks on the Commons proceedings in the last Parliament at Westminster, in a letter to a friend. L'Estrange, Roger, Sir, 1616-1704. 1683 (1683) Wing L1266; ESTC R25476 42,596 42

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His Crown and His Regalty in the cases aforesaid and in all other cases attempted against Him His Crown and His Regalty in all points to live and to die These and several other Statutes too tedious 〈◊〉 to be inserted have been provided in former ages when the Pope's power was at the highest and provided even by Popish Kings and Popish Parliaments to secure themselves and the Nation from all Papal encroachments Neither have our Judges been less severe against the Popes unwarrantable pretensions who in pursuance of the Common-Law of the Land tho' no Statute had been made to that purpose judg'd it a very hainous Crime in any Subject of England to obey or put them in execution In the Reign of King Edward I when a Subject brought a Bull of Excommunication from Rome against another Subject of this Realm and publish'd it to the Lord Treasurer of England this was by the Common-Law of the Land adjudg'd Treason against the King his Crown and Dignity 30 lib. Ass. pla 19. Brook tit Praemunire pl● 10. An Excommunication by the Archbishop albeit it be disallow'd by the Pope or his Legate is to be allow'd neither ought the Judges give any allowance of any such Sentence of the Pope or his Legate 16 E. 3. tit Excom 4. An Excommunication under the Popes Bull is of no force to disable any man in England And the Judges said That he that pleadeth such Bulls tho they concern the Excommunication of a Subject were in a hard Case if the King would extend his Justice against him 30 E. 3. lib. Ass. pl. 19. The King presented to a Benefice and his Presentee was disturb'd by one that had obtain'd Bulls from Rome for which offence he was confin'd to perpetual Imprisonment 21 Ed. 3. f. 40. One Morris being elected Abbot of Waltham sent to Rome for a Bull of confirmation But it was resolved by all the Judges that this Bull was against the Laws of England and that the Abbot for obtaining the same was fallen into the King's mercy whereupon all his Possessions were seiz'd into the King's hands 46 Ed. 3. tit Praemunire 6. In the Reign of Ed. 4. the Pope granted to the Prior of St. Johns to have Sanctuary within his Priory But it was resolved by the Judges that the Pope had no power to grant Sanctuary within this Realm and therefore by judgment of the Law the same was disallowed 1 H. 7. f 20. In the same King's Reign a Legate from the Pope came to Callis to have come into England But the King and his Councel would not suffer him to come within the Kingdom until he had taken an Oath that he should attempt nothing against the King or his Crown 1 H. 7. f. 10. And in the Reign of H. 7. the Pope had excommunicated all such persons whatsoever as had bought Allom of the Florentines But it was resolved by all the Judges of England that the Popes Excommunication ought not to be obeyed or to be put in execution within the Realm of England 1 H. 7. f. 10. These and many other such Cases you may see in the first part of Coke's 5 th Reports Now if not only the Judges but the Representative-wisdom of the Nation even King Lords and Commons in the thickest mist of Popish ignorance were so resolute against the Bishop of Rome and so careful to preserve their own Rights and Liberties inviolable who can be so silly as to believe that a Popish Prince in this Kingdom and at this time of the day when Popery it self is much refin'd and the whole Nation irreconcilably bent against it will ever submit to any Papal Usurpation much less make himself or his People Slaves to the Court of Rome Alas says one but our sweet Abbey-Lands are in danger to be lost and reassum'd by the Popish Clergy what course then shall we take to secure them Believe me if the Law will not do it I know no other way but a project I hear shortly to be set on foot for Insuring all the Church-Lands in the Kingdom these 40 years to come The parties concern'd will propose very reasonable terms and will undertake the squinting Trimmer who maliciously whispers about he wou'd take seven years purchase for his Church-Lands in case of a Popish Successor shall have fourteen well secur'd whenever the Duke succeeds But why our Abbey-Lands more in danger than any other part of our Estates since we have the same security for the one as for the other and both as firmly secur'd as the Law can make them or the wit of man devise 'T is well known that the Popish Clergy in Queen Maries time the better to forward the peoples reconciliation with the Church of Rome by their Petition to the Queen consented that all the Church-Lands dispos'd of to Lay-men shou'd be settl'd on the Possessors and their Heirs for ever without any danger of revocation And this was approv'd of by the Pope's Legate a latere Cardinal Pool willing and ordaining as he says that the present possessors of Ecclesiastical Goods as well movable as immovable shall not at this time nor in time to come be disquieted nor molested in the possession of the said Goods either by the disposal or order of any General or Provincial Councils or by the Decretal Epistles of the Bishop of Rome or by any other Ecclesiastical Censure whatsoever And besides this to crown the work beyond all exception and bind it with a triple Cord which is not easily broken all is confirm'd in full Parliament by the Queen by the Cardinal and Clergy and by the Lords and Commons by whom 't is enacted That all and every Article Clause Sentence and Proviso contained or specified in any Act or Acts of Parliament concerning or touching the assurance or conveyance of any the said Monasteries Priories Nunneries Commandries Deanries Prebends Colledges Chantries Hospitals Houses of Fryers Rectories Vicarages Churches Chappels Archbishopricks Bishopricks and other Religious and Ecclesiastical houses and places or any of them or in any ways concerning any Manors Lands Tenements Profits Commodities Hereditaments or other the things before specified to the said K. H. 8. or K. Ed. 6. or either of them or any other person or persons or Body-politick or Corporate and every of them and all and every Writing Deed and Instrument concerning the assurance of any the same shall stand remain and be in as good force effect and strength and shall be pleaded and taken advantage of to all intents constructions and purposes as the same should might or could have been by the Laws and Statutes of this Realm in case this present Act had never been had or made 1. 2 Phil. Mar. c. 8 § 39. And 't is further enacted That whosoever shall by any Process obtained out of any Ecclesiastical Court within this Realm or without or by pretence of any spiritual Jurisdiction or otherwise contrary to the Laws of this Realm inquiet or molest
whilst these Brothers lived and held together they were as a strong Fortress one to the other the Admirals Courage supporting the Protectors Authority and the Protectors Authority maintaining the Admirals Stoutness but the Admiral once gone the Protectors Authority as wanting support began to totter and fell at last to utter ruine Besides there was at this time amongst the Nobility a kind of Faction Protestants who favour'd the Protector for his own sake and other of the Papal inclination who favour'd him for his Brothers sake But his Brother being gone both sides forsook him even his own side as thinking they could expect little assistance from him who gave no more assistance to his own Brother Bakers Chronicle p. 307. What a noise they make about these terrible Bugbears Popery and Slavery as if both were inseparable and actually breaking in upon the Nation or rather come as far as the Lobby of the House of Commons For my part tho I have no reason to be fond of either the one being no less contrary to my Nature than the other to my Principles yet I cannot be startl'd at every shadow nor believe that the Duke having already spent the Prime of his days let him succeed never so soon will be able to introduce amongst us any new much less the Popish Religion Neither can I be perswaded contrary to common sense and the experience of so many Ages but that the Papists are as fond of their Liberty and Property and consequently as great enemies to Slavery as any Protestant whatsoever For to them we owe the unparallel'd Common-Law of this Realm Magna Charta and all those wholesom Statutes grounded thereupon to them we are oblig'd for the incomparable Frame of our well-temper'd Monarchy which affords very much to the Industry and Happiness of the Subject yet preserves enough for the Majesty and Prerogative of any King that will own his People as Subjects and not as Slaves or Villains Who then but a Fool or a Mad-man wou'd think Slavery the unavoidable consequence of that Religion the Professors whereof even in the time of their blindest zeal and greatest darkness for since then they are much refin'd made such impregnable Bulwarks against it and provided such wholesome Laws to defend themselves from all the encroachments of Arbitrary Power Insomuch that the high and mighty Pope himself who often endeavour'd to enslave this Kingdom and make it Tributary to his avarice found to his great grief that tho some ignorant Bigots wou'd contribute to fill his Coffers yet the generality of the Nation were so tender of their own and their Princes Rights that they always oppos'd him with true English Courage as appears not only by hundreds of adjudg'd Cases reported in our Law-Books but by divers Records and Acts of Parliament For 25 Ed. 3. Stat. of Provisors 't is enacted That such persons as obtain Provisions or collation of Benefices from Rome and thereupon disturb the Presentees of the King or of other Patrons of Holy Church or of their Advowees The said Provisors their Procurators Executors and Notaries shall be attached by their body and brought in to Answer And if they be convict they shall abide in Prison without being let to Mainprise or Bail or otherwise delivered till they have made Fine and Ransom to the King at his Will and gree to the Party that shall feel himself grieved And nevertheless before they be delivered they shall make full renunciation and find Surety that they shall not attempt such things in time to come nor sue any Process by them nor by other against any man in the Court of Rome nor in any part elsewhere for any such Imprisonments or Renunciations nor any other thing depending of them And in the same year it was Enacted that he that purchas'd a Provision in Rome for an Abbey shou'd be out of the Kings Protection and any man might do with him as with the Kings Enemy 25 Ed. 3. c. 22. 2● Ed. 3. c. 1. upon the grievous Complaints of the Lords and Commons in Parliament It was ordain'd that all People of the Kings L●geance of what condition that they be which shall draw any out of the Realm in Plea whereof the cognizance pertaineth to the Kings Court or of things whereof Judgements be given in the Kings Court or which do Sue in any other Court to defeat or impeach the Judgements given in the Kings Court if they appear not within two months after warning given shall be put out of the Kings Protection and their Lands Goods and Chattles forfeit to the King and their Bodies wheresoever they may be found shall be taken and Imprisoned and Ransomed at the Kings will 13 R. c. 2. 'T is Enacted That if any do accept of a Benefice of Holy Church contrary to this Statute and that duly prov'd he shall within six Weeks next after such acceptation be exiled and banished out of the Realm for ever and his Lands and Tenements Goods and Chattles shall be forfeit to the King And if any Receive any such person banished coming from beyond the Sea or being within the Realm after the said six Weeks knowing thereof he shall be also exiled and banished and incurr such forfeiture as afore is said And their Procurators Notaries Executors and Summoners shall have the pain and forfeiture aforesaid And c. 3 It is ordained and established That if any man bring or send within the Realm or the King's power any Summons Sentence or Excommunication against any person of what condition that he be for the cause of making motion assent or execution of the said Statute of Provisors he shall be taken arrested and put in Prison and forfeit all his Lands and Tenements Goods and Chattels for ever and incur the pain of life and of member And if a Prelate make execution of such Summons Sentences or Excommunications that his Temporalties be taken and abide in the Kings hands till due redress and correction thereof be made And if any person of less Estate than a Prelate of what condition that he be make such execution he shall be taken arrested and put in Prison and have Imprisonment and make fine and ransom by the discretion of the Kings Councel 16 R. 2. 't is declar'd That the Crown of England which hath been so free at all times that it hath been in no earthly subjection but immediately subject to God in all things touching the Regalty of the same Crown ought not to be submitted to the Pope nor the Laws and Statutes of the Realm by him defeated and avoided at his will in perpetual destruction of the Sovereignty of the King our Lord His Crown His Regalty and of all His Realm And moreover the Commons affirmed That the things attempted by the Pope be clearly against the King's Crown and His Regality used and approved of in the time of all his Progenitors Wherefore they and all the Leige-Commons of the same Realm will stand by the King and