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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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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
pain of twenty shillings 13. To absolve or withdraw the Kings Subjects from their Natural Obedience to reconcile them to the Sea of Rome or to move them to promise it c. or to be absolved withdrawn reconciled or make promise as aforesaid is high Treason 14. This Clause of Reconcilement as to the point of reconcilement only shall not extend to any that shall return into the Realm and within six weeks after shall before the Bishop c. submit himself to the King and his Laws and take the Oaths of Supremacy and Allegiance 15. The Sheriff upon a lawful Writ may justifie to break a house for taking an Excommunicate Recusant 16. If an Action be brought against an Officer for execution of this Act he may plead the General Issue and give the special matter in evidence 17. None shall be punished for his Wives offence nor shall a married Woman be chargeable with any penalty or forfeiture by force of this Act. 18. Six of the Privy Counsel whereof the Chancellor Treasurer or Principal Secretary to be one may minister the Oath of Allegiance to any Noble Man or Noble Woman unmarried of or above eighteen years of age and if they refuse it they incur a Praemunire 19. The Warden of the Cinque-Ports or some by his appointment shall take the Bond and minister the Oath aforesaid to any person passing beyond Sea out of them i. e. the Cinque-Ports or any of their Members 1. By this Statute He that within three dayes notice discovers to a Justice of Peace any that entertains a Popish Priest or any that have heard or said Mass shall have a third part of the forfeiture due for the said offences if the whole exceed not an hundred and and fifty then onely fifty pounds thereof to be paid him by the Sheriff who shall leavy the same 2. No Convicted Recusant shall come into Court without command from the King or Warrant from the Privy Counsel under their hands on pain of an hundred pounds one moiety to the King the other to the Discoverer 3. A Popish Recusant Convict or Indicted for not coming to Church for three months together and remaining in London or within ten miles distance shall within ten days after such Conviction or Indictment depart thence and shall deliver their names if in London to the Lord Mayor there and if in the Countrey to the next Justice of the Peace on pain of an hundred pounds to be divided between the King and the Prosecutor but this is not to extend to Tradesmen that have no other habitation in or within ten miles of London 4. A Recusant may go about his own occasions by Licence from the King or three Privy Counsellors under their hands or four Justices of Peace under their hands and Seals with the assent in writing of the Bishop Lievtenant or Deputy Lievtenant of the same County notwithstanding the Statute of 35. Eliz. cap. 2. which Licence is not to be granted by the said Justices till the party makes Oath of the true reason of his Journey and that he will make no needless stay 5. No Convicted Recusant shall practice the Common Law Civil Law Physick or the Art of the Apothecary or be an Officer of or in any Court or bear any Office among Souldiers or in a Ship Castle or Fortress on pain of an hundred pound to be divided between the King and the Prosecutor 6. No Popish Recusant Convict or whose Wife is a Popish Recusant Convict shall exercise any publick Office in the Common Wealth by himself or his Deputy unless he bring up his Children in the true Religion and together with his Children and Servants repair to the Church and receive the Sacraments as the Law requires 7. A married Woman being a Popish Recusant Convict her Husband being none that doth not conform her self as aforesaid by the space of one whole year before her Husbands death shall forfeit two thirds of her Dower or Joynter and shall be uncapable of being Executrix or Administratrix to her Husband or enjoying any part of his Goods 8. A Popish Recusant after Conviction shall be to all intents reputed as a person Excommunicate until he conform and take the Oath of Obedience or Allegiance ordained by 3. Jac. 4. Yet he may sue for his Interest in Lands not seized into the Kings hands 9. A Popish Recusant Convict married otherwise then in open Church by a lawful Minister according to the Church of England shall not be Tenant by the Curtesie A Woman also in this case shall lose her Dower Joynture Widdows Estate and all her Husbands Goods and where a Man cannot be Tenant by the Curtesie he shall forfeit an hundred pounds to be divided between the King and Prosecutor 10. Every Popish Recusant within a month after the Birth of his Child shall cause it to be Baptized by a lawful Minister on pain of an hundred pounds if he outlive the month if not his Wife is to pay the forfeiture the King to have one third part the Prosecutor another and the poor of the Parish the third 11. Every Popish Recusant is to be Buried in the Church or Church-Yard according to the Church-Laws of this Realm on pain that his Executor Administrator or the party that causes him to be otherwise buried pay twenty pounds to be divided as next aforesaid 12. A Child being no Souldier Marriner Merchant or Apprentice or Factor to a Merchant shall not be sent or go beyond Sea without the Kings Licence or six of the Privy Council the principal Secretary being one on pain thereby to be incapable to injoy any Lands or Goods by Descent or Grant until being eighteen years of age or above he take the Oath of Obedience before some Justice of Peace of the County where his Parents do or did dwell And in the mean time the next of Kin being no Papist shall injoy his Lands and Goods but shall be accomptable to the other in case he afterwards conform as aforesaid and he that so goes out of the Realm shall forfeit an hundred pounds to be divided as aforesaid 13. A Popish Recusant Convict shall be disabled to present to a Benefice but in his stead the Chancellor and Schollars of the Universities of Cambridge and Oxford shall present within several Counties respectively as by this Act is at large set forth 14. A Popish Recusant Convict shall not be an Executor Administrator or Guardian 15. None shall bring from beyond Sea Print Sell or Buy any Popish Primmars Ladies Psalters Manuals Rosaries Portals Legends or Lives of Saints in what Language soever they shall be Printed or Written nor any other Superstitious Books written in the English Tongue one pain to forfeit forty shillings for every such book to be divided as aforesaid 16. Two Justices of Peace and all Mayors Bayliffs and Head-Officers have power to search