in the regencie of the Queen mothers Blanch the mother of St. Lewis of Francis the second Charles the ninth Lewis the thirteenth and Lewis the fourteenth 20. Neither have the French better observed the other part of the It has been ill observed by the French Salique Law for the descending of the Crown to the heirs male for Pepin having put King Childerick into a Monastery had not any colour of title but as he was chosen by the Parliament of Paris so that it seems the Parliament of Paris may do what the King and general Assembly cannot and alter the most fundamental constitutions of France which forsooth at other times are immutable and Hugh Capet to make his title good against Charles of Lorrain the right Masculine heire of Pepin did derive his pedigree from one of the daughters of Charlemain son of Pepin Nor could Lewis the ninth a most religious Prince be resolved in conscience till he was satisfied that by his Grandmothers side he was descended from the right heirs of Charles of Lorrain But I wonder with what face these Frenchmen can urge the Salique Law against others and yet practise the contrary themselves For Charles the eight having married Anne the Dutchess of Brittain and by that title possessed the Dutchy by whom he had Claude married to Francis the first who had issue Henry the second who had issue Francis the second Charles the ninth Henry the third and Hercules Elizabeth married to Philip the second of Spain and Margaret married to Henry the fourth Now Francis Charles Henry and Hercules dying without issue legitimate I would know how against the Salique Law Charles and his posterity should have a title to Britain and yet King Philip and his posterity be debarred of it by vertue of this pretended Salique Law CHAP. III. Of the Municipal Laws of England before 1640. 1. TEmporal or Secular Laws are made to preserve men so long as Of Temporal Laws and incidently of the Municipal Laws of this Nation they live in this world in unity and peace one with another and these do not bind in conscience only but injoyn corporal and pecuniary mulcts for not observance or transgressing them The Municipal Laws of this Kingdom are either the Common Law which are general usages of that long continuance that they have quite lost their prime institution That they were not brought in by the Conqueror is most evident Common Law or Generall usage for the Conqueror swore to observe the good approved and antient Laws of this Kingdom and that the Subjects might the better observe Proem 8. part of Sir Ed. Cokes Reports their duty and the Conquerors Oath he caused twelve the most discreet and wise men in every shire throughout all England to be sworn before himself that without swerving either ad dextram or ad sinistram they should declare the integrity of their Laws without concealing adding or in any sort varying from the truth and Aldreb the Archbishop that crowned him and Hugh the Bishop of London by the Kings commandement wrote that which the Jurats had delivered and these by Publick Proclamation he declared to be authentick and under grievous punishment to be inviolably observed And that 441 years before the incarnation of Christ Mulumutius of Preface 3. report some called Dunvallo M. of some Dovebant did write two Books of the Laws of the Britans the one called Statuta Municipalia and the other Leges judiciariae which is as much as to say the Statute-Law and Common-Law And 356 years before our Saviour Mercia Proba Queen and wife of King Gwintclin wrote a book of the Laws of England in the British tongue calling it Marchenleg King Alfred or King Alured King of the West-Saxons 871 years after Christ wrote a book of the Laws of England calling the same Breviarum quoddam quod composuit ex diversis legibus Trojanorum Graecorum Britanorum Saxonum Danorum In the year after our Saviour 653. Sigabert or Sigisbert Orientalium Anglorum Rex wrote a book calling it Legum instituta King Edward of that name the third before the Conquest ex immensa legum congerie quas Britanni Romani Angli condiderunt optima quaeque selegit ac in unam coegit quam vocari voluit Communem legem But whether these latter were the Laws which are now used in England under correction may be question made because the Authorities cited are from such obscure and uncertain Authors that no great credit is to be given to them nor are those Books except Alfreds and Edwards which are obsolete and out of use with us and so have been these 600 years any where to be found whereby it may appear that they have any affinity with the Common-Law But it does most certainly appear out of most authentical Records that time out of mind before the Conquest there had been Sheriffs for the Writ of Assise and every other Original Writ to whom they were directed except to the Coroner in special cases who stands in place of the Sheriff and for Trials by the Oath of Twelve men and that the Writs of Assise and other Original Writs were retornable into the Kings Courts and that there had been a Court of Chancery for all Original Writs to issue out and none other and that those Mannors that were in the hands of S. Edward the Confessor are to this day called Ancient Demesne All which does more copiously and fully appear in this Proeme to the Third Part of the Reports And that the Chancery Kings Bench Common Pleas the Exchequer be all the Kings Courts and have been time out of memory of man so as no Proem Rep. 8. man knows which of them is antientest Afterward in the Proeme to the Ninth Part of his Reports out of the Mirror of Justices which treats how the Land was governed almost twelve hundred years since having spoken of the Courts of Parliament Chancery Kings Bench Common Pleas and the Exchequer he descends to the Justiciarii Itinerantes or Justices in Eire The Kings do right to all men by their Justices Commissioners itinerant assigned to have Conusance Justices Itinerant sec 6. of all Pleas. In aid of such Eires the Sheriffs Turns and View of Frankpledges are necessary c. Then he treateth of the Sheriffs Turn That the Sheriffs of antient Sheriffs Turn sec 7. Ordinance do hold general Assemblies twice a year in every Hundred whither all the Freeholders within the Hundred are bound to come by the service of their Feifs or Fees that is to say once after Michaelmas and another time after Easter c. Leets or Courts of View of Frankpledge are Assemblies ordained Leets or view of Frank-pledge sec 8. once a year not only of Freeholders but of all in the Hundred as well Denizens as others except Archbishops Bishops Abbots Priors and all Religious people and Clerks Earls Barons Knights Married women Persons dumb and deaf diseased Bastards and Lepers and
Essex and Edmund Earl of March the true and undoubted Heir of the Crown of England both condemned unheard and without tryal in Parliament when as he might have instanced twenty Sir Thomas Seimer Admiral of England and Brother to the Protector Anno 1549. the third year of Edward the Sixth was condemned to death unheard by a Law in Parliament Henry the Third after all the Acts of Grace of Magna Charta Charta de Foresta c. instead of means Good Governors are the Preservers or enlargers of the Government Parliaments have ever been the bane of the greatness of the English Monarchy given him by Parliament for the recovery of his right of the Dutchy of Normandy usurped and taken by the French King from his Father King John and the Dutchy of Guienne and Earldom of March the year before usurped and taken from him by the French King had all the exercise of Regal Government taken from him and given to the Twelve Peers by the * Insanum Parliamentum Mad Parliament whereof ensued the Barons Wars to the destruction and confusion of so many English-men as nothing but a Parliament could have done Henry the Fourth in the first year of his usurped Reign had the Crown entailed upon him and his Heirs in Parliament from whence ensued all the Wars of the Houses of York and Lancaster At a Parliament holden Anne Dom. 1470. begun at Westminster 26 November the Crowns of England and France were entailed upon Henry the Sixth and the Heirs male of his body lawfully begotten and for want of such Heirs unto George Duke of Clarence being the yonger Brother of Edward the Fourth the undoubted Heir of the Crown of England whereby a double injustice was done first to Henry the Sixth excluding his Heirs general then to Edward the Fourth to prefer his yonger Brother Clarence before him in case of want of Heirs male to Henry the Sixth See the Factious Conspiracy of the Commons together with the consequence against the Duke of Suffolk Speeds History Henry 6. p. 675. Para. 47 48. The Parliament in the First of Richard the Third his Reign though a bloody Usurper presented a Bill for the entailing the Crown upon his Heirs Ann. 1 Hen. 7. Nor was the Act of Parliament less injurious which entailed the Crown upon Henry the Seventh and the Heirs of his body he having no colour of title to it but in right of his Wife and because he suspected his title and reigned in his own right to the wrong of his Wife and after her decease to the wrong of his Son Henry the Eighth in the eleventh year of his Reign he got an Act of Parliament to pass which should protect all Subjects who should assist the King be he so by right or not for the time being So that other offences should be punished but he that perpetrates the highest villany by invading a Crown should be protected by Law Henry the Eight by authority of Parliament an 1533. Bastardized Queen Mary and so soon as he had cut off Anne Bullens head by authority of Parliament Bastardized Queen Elizabeth smally to his credit one would think Add hereunto the ridiculous yet cruel Act of Hen. 8 his Headship of the Church So that a stranger being one day in Smithfield and seeing one burnt for denying the Six Articles and another hanged for denying his Headship cried out Bone Deus quo modo hic agunt vivi hic comburuntur Papistae ibi suspenduntur Antipapistae The bloody Laws passed in Parliament in prosecution of the Six Articles in the time of Henry the 8. and the bloody Parliamentary Laws for Religion in Queen Mary's reign c. and all those Sacrilegious Acts made in the reigns of Hen. 8. and Ed. 6. and sure no man can imagine such horrid acts could be perpetrated but by Parliaments Nor have the General Assemblies in France who were wont to be assembled once or twice a year demeaned themselves much better then the Parliaments in England but in stead of providing good Laws fell into such Factions and used such affronts to the Regal power that Lewis the Eleventh a most subtile and cunning Prince was wont to say It was time to put the French Kings horce de page out of their minority and from being Pages any more and so he did And since his time they have been rarely convented in France For since the General Assembly at Bloys anno 1587. by Henry the Third where the famous Duke of Guise was killed there hath been but one anno 1614. in the fourth year of the reign of Lewis the Thirteenth and that succeeded so ilfavoredly that there is no probability of ever being another 4. Besides the general and particular Customs and Acts of Parliament there are almost infinite Corporations Colledges and Companies who have divers and sundry priviledges which are granted by the Kings Letters Patents and are observed as Laws and to all intents and purposes have the effect of Laws 5. But in all Maritime cases the Kings of England being Soveraigns of the Narrow Seas whatsoever Grotius says to the contrary and all actions done upon a Navigable river are judged by the course of Civil law and so the Probate of Wills and Letters of Administration are determinable by the Civil law Judge Jenkins a learned Gentleman and a stout Champion for the Laws of this Nation in the first page of his Lex terrae divides the Laws of this Nation into three grounds or species viz. 1. The Customs 2. Acts of Parliaments and 3. Judicial Records and that the two latter are declarations of the former touching Royal government so that he makes Custom to be the ground of Royal government and Acts of Parliament to have but a declaratory power of the Common Law touching Royal government and Judicial Records to be equivalent to Acts of Parliament In all which he is most manifestly mistaken For first there are an exceeding many Acts of Parliament which have no manner of dependence or affinity with the Common-Law and so cannot be declarations of it nay there are many Acts of Parliament which are so far from being declarations of the Common-Law that they do annihilate it and create other things in lieu thereof as the Statute of West 2. cap. 1. called the Statute de donis conditionalibus annihilated all the Conditional estates in Fee at Common-Law and created estates in Tail in lieu thereof At Common-Law no Lands or Tenemers were deviseable by Will but the Acts of 32 34 H. 8. create a power of devising Lands and Tenements in Fee by Will and Tenants at Common-Law might choose whether they would attorn to any Grant of the Lord but now the Lords Grant is good without it by 27 H. 8. cap. 10. Sir Ed. Coke com on Lit. sect 574. says Stat. 32. H. 8. takes away the reason of the Common-Law so that that cannot be a declaration of what it takes away the reason It were tedious
an Englishman or thus deny it let him take eleven and he be the twelfth c. Of Homicides by men Ordained Cap. 73. If a Bishop kill a man let it be recorded and let him repent twelve years seven years in bread and water and five let him fast three days in a week and on others let him use common sustenance If a Priest kill a man or a Monk let him lose his Order and repent ten years six in bread and water and four let him fast three days in a week on others let him use his meat If a Presbyter wound a man let him fast one hundred day If a Deacon kill a man let him be degraded and repent seven years four in bread and water and three let him fast three days in a week upon other let him use common meat If a Clerk shall kill a man let him repent six years four in bread and water two years three days in the week If a Laick kill a man let him repent five years three in bread and water and two years let him fast three days in the week If a man kill a man in Orders or his neighbor let him depart out of his Countrey and go to Rome and make the Pope and his Councel let him in like maner repent of Adultery or Fornication or lying with a Nun. These Laws are likewise set out by Mr. Abraham Whelock in the Appendix to his History of Bede Sir Ed. Coke Candrys Case says Henry the first did Ordain Anno 16. Regni sui as well in regard of his Ecclesiastical as Regal power that whensoever the Abbot of Reading shall die that all the Possessions do remain entire and free But how this should make any thing for the Kings Ecclesiastical Right in all Cases I do not understand for this Ordinance was onely concerning the Possessions of the Abbey and it is no Question but all the Bishopricks as well as Abbeys were originally of the Kings foundation and it appears by the Margent that the King was the particular Founder of this Abby what then hinders but that the King might dispose of the Revenues as he should think fit without having any Ghostly power in him Ecclesiastical Laws made by Henry the third Magna Charta FIrst we have granted to God and by this our present Chapter have confirmed Cap. 1. for us and our heirs for ever that the Church of England shall be free and shall enjoy all her whole Rights and Liberties inviolable Reserves to all Archbishops Bishops Abbots Priors Templars Hospitalers Cap. 38. According to Sir Edward Coke Inst 2. yet the Statute-book in large divides this Act but into thirty seven Chapters and all persons Ecclesiastical all their free Liberties which they have had in time passed and all these Customs and Liberties aforesaid which we have granted to be holden within this Realm as much as appertains to us and our heirs we shall observe And all men as well Spiritual as Temporal as much as in them is shall observe the fame against all persons likewise And for this our Gift and Grant of these Liberties and of other contained in our Charter of Liberties of our Forest Archbishops Bishops Abbots Priors Earls Barons Knights Freeholders and other our Subjects have given to us the fifteenth part of their moveables and we have granted to them on the other part that neither we nor our heirs shall procure or do any thing whereby the Liberty in this Charter contained shall be infringed or broken And if any thing be procured by any person contrary to the premisses it shall be of no force nor effect In the Reign of Hen. 3. Cawdries Case 3 H. 3. tit Proh 13. 4 H. 3. c. In all the time of Henry 3. and his Progenitors Kings of England and ever since if any man did sue afore any Judge Ecclesiastical within the Realm for any thing whereof that Court by allowance and custom had not any lawful cognisance the King did ever by his Writ under the Great Seal prohibit them to proceed Answ It is true indeed that not only Probate of Testaments but Cognisance of Tythes Granting of Letters of Administration Mortuaries Pensions Reparation of Churches do not belong to Ecclesiastical cognisance by any Divine positive institution but by allowance and custom of England And if all Customs suppose some Grant originally from Supreme humane Powers then what hinders but that the King might prohibit any Judge Ecclesiastical within the Realm for any thing whereof that Court by allowance and custom had not lawful conusance for Cujus est velle ejus est nolle And if the suggestion made to the Plea King whereupon the Prohibition was grounded were after found untrue then the King by his Writ of Consultation under the Great Seal did allow and permit them to proceed Also in all the Reign of H. 3. and his Progenitors Kings of England if any Issue were joyned upon Loyalty of Marriage General Bastardy or such like the King did ever write to the Bishop of the Diocese as Mediate Officer and Minister of his Court to certifie the Loyalty of the Marriage Bastardy or such like All which prove that those Courts were under the Kings jurisdiction and commandment It is true that not only all Courts and planting of Christianity were originally by the Kings command or permission but the persons of all men within the Realm are in his power And Marriage and Bastardy being so essential and whereupon the strength of mens estates and inheritances do depend what hinders the King to write to the Bishop to certifie the Loyalty of the Marriage And if it pleases him to do it as his mediate officer who shall contradict is Well let it be granted the Kings of England in cases of Bastardy and Loyal Matrimony have written to the Bishop of the Diocese as his mediate officer yet it will not follow that the Bishop is the Kings mediate officer in all things and cases which relate to his Episcopal function and jurisdiction Ecclesiastical Laws made by Edward the First THe King willeth that the peace of the holy Church be maintained in Stat. West an 3. Ed. 1. 1275. all points and that Religious Houses shall not be overcharged nor any Purveyance be made of any Prelate without the owners consent They who shall offend and be thereof attainted shall be committed to the Kings prison and after shall make fine and be punished according to the quantity and manner of the trespass and after as the King in his Court shall think fit c. It is provided also That when any Clerk is taken for guilty of felony Cap. 1. and is demanded by the Ordinary he shall be delivered to him according to the priviledge of the holy Church on such peril as belongeth to it after the custom aforetimes used And the King admonisheth the Prelates and enjoineth them upon the faith that they ow to him and for the common profit and
excommunicated or damned who differ in some things from the doctrine of the Pope who appeal from his decrees and hinder the execution of the ordinances of him or his Legates Although the Sesession of the Church King and Kingdom of England The reformation of King 1 d. was not Schismatical from the Papacy were an Act of Schism yet being done in the Reign of H. 8. one of the greatest favorers of the Papacy that ever was King of England and to his death as great an assertor of the Rites Ceremonies and Religion of it and in such a state independent from the Church of Rome was the Church and Kingdom at the time of Edwards Reformation whatsoever therefore his Reformation was yet could it not be Schismatical Whatever the Romanists pretend to unity and peace in their Church yet The rites and ceremonies of Edwards reformation were more uniform then before it is most manifest that in the Realm of England and Dominion of Wales in several places were used divers forms of Prayer commonly called the Service of the Church viz. that of Sarum of York of Bangor and Lincoln but also of late divers and sundry forms and fashions were used in the Cathedral and Parishes Church of England and Wales as well concerning the mattens or morning prayer and evening song as also concerning the holy Communion commonly called the Mass with divers and sundry rites and ceremonies concerning the same and in the administration of other Sacraments of See preamble to the Statute of 2 3. Ed. 6. Cap. 1. That the Scriptures Lords Prayer and Creed should be read in the English tongue is no new thing in England the Church whereas the service enjoyned in the Reign of Ed. 6 was uniform in all places of England and Wales as well in Parish Churches as Cathedrals In the Reign of King Ethelbald in the year of our Saviors incarnation 748. in a convocation held in the Prouince of Canterbury Cuthbert the Archbishop of his Clergy did Enact that the sacred Scriptures should be read in their monasteries the Lords Prayer and Creed taught in the English tongue Speed in the Reign of Ethelbald para 4. page 343. and how much it was against the Word of God and the custom of the ancient Church to use a tongue unknown to the people in common prayer and administration of Sacraments see the conference at Westminster an primo Eliz. which were never yet answered that I know of If any thing Heretical had been contained in the common Prayer administration Edwards reformation was not Heretical of Sacraments c. made in the Reign of Ed. 6. it would have been sufficiently shot at having so many adversaries at home and abroad but no such crime was ever that I ever heard of imputed to it if there be let the adversaries of it yet shew it affirmanti incumbit probatio If then not onely the Kings and supreme powers always under the old Covenant King Edwards Reformation was warrant-able materially and formally had this right of invoking the high Priest and other Priests and if God always punished the Kings of Judah and Israel for suffering the people to commit Idolatry and if God himself so often commends the zeal and reformation of Jehoshaphat Hezekiah Asa Josiah c. and if ever since Christianity the Bishops by that Divine Canon to Timothy have always had in 1 Tim. cap 2. their particular Churches right of composing publick Liturgies and in national Synods a right of composing publick and national Liturgies And the Liturgy of Edward being composed and received by the Bishops of the Church of England to that end convened and assembly by the King this Liturgy being neither schismattical nor containing any thing heretical is both for matter and form warrantable Object If the Sacriledge and extention of the civil Jurisdiction in giving the civil Magistrate licence to take cognizance of the publique Liturgy and administration of the Sacraments be objected The answer is easie Let the Courtiers and Parliament answer for it the Church was patient not agent in them The Church of Rome having robbed the poor laity of one half of the institution of the Sacrament of the Lords Supper and kept the people in such The King and Church had great reason to make Reformation in Religion stupid ignorance that in the publick worship and service of God they should neither use their reason nor understanding by imposing it upon them in an unknown tongue as if in the publick worship and service of God he were not to be served by intellectual and rational creatures and had filled the Mass with more prayers to the Virgin Mary and Saints which could no ways relieve them and so at best super fluous and vain there was great reason in the King and Church to a make a reformation of the Religion and publick Worship and Service of God Of Queen Maries Ecclesiastical Laws Although King Ed. were a Prince of transcendent Vertue and Learning far above his years yet doubtless his youth was not onely much abused in his Reign where a man might have seen all the woes pronounced by God upon that Nation where the King is a childe or where a company of men in Parliament arrogate to themselves the Politick capacity of a King abstracted from his person but also at his very death caused not without suspicion of poyson was he deluded upon specious pretences by his whole Councel but principally by the Duke of Northumberland to make way for the Lady Jane Gray in the time of his sickness married to his fourth son Guilford Dudley to declare the said Lady Jane the rightful heir and successor to the English Monarchy to the manifest wrong and injury not onely of Queen Mary and Elizabeth afterward Queens of England but also of Mary Queen of Scots heir to Margaret the eldest daughter of Henry the seventh whereas the Lady Janes Title was descended from Mary the younger daughter of H. 7. yet it so pleased God that this unjust Will should onely bring destruction both to the Lady Jane and her husband whereas the Ladies Mary and Elizabeth and the Posterity of Mary Queen of Scots did all succeed and enjoy the possession of the English Diadem of which they were debarred by this Will of King Edward That the Title of Head of the Church was continued by Queen Mary appears by the Parliament begun and holden at Westminster the fifth of October in the first year of her Reign in the first and second session of it where she is stiled our Gracious Soveraign Lady Mary by the Grace of God Queen of England France and Ireland Defender of the Faith and in Earth Supreme Head of the Church of England and Ireland but in the second Parliament of her Reign being holden at Westminster the second of April the first year of her Reign the Title of Supreme Head of the Church of England and Ireland is not mentioned Declares
28. H. 8. 7. for the establishment of the succession of the Imperiall Crown of this Realm that concerneth a Prohibition to marry within the Degrees expressed in the said Act. Stat. 31 H. 8. 9. authorising the King to make Bishops by his Letters Patents Stat. 32 H. 8. 38. concerning precontracts of Marriages and touching degrees of consanguinity Stat. 35 H. 8. 3. for ratification of the Kings Stile The corporall oath made in the Stat. of 35 H. 8. 1. that every Subject of this Realm should be bound to take against the power authority and jurisdiction of the See of Rome Stat. 37 H. 8. 17. That the Doctors of the Civill Law which were married might exercise Ecclesiasticall jurisdiction So much of that Statute of the first Ed. 6. 1. as contains certain Provisions Pains Penalties and Forfeitures for and against such as should by open preachings expresse words sayings writing printing overt-deed or act affirme or set forth That the King of this Realm for the time being is not or ought not to be the supreme head in earth of the Churches of England and Ireland nor of any of them or that the Bishop of Rome or any other person or persons other than the K. of England for the time being is or ought to be supreme head of the same Churches or any of them as in the said Act more at large may appear It is enacted that these clauses and other of the foresaid Act concerning the Supremacy and all and every branch article words and sentence in the same sounding or tending to the Derogation of the supremacy of the Popes Holiness or the See of Rome and all pains penalties and forfeitures made against them that should by any means set forth or extol the said Supremacy should from thenceforth be utterly void It did moreover generally repeal all clauses sentences and articles of every other Statute made since the 20 H. 8. against the supreme authority of the Popes Holiness or See Apostolick of Rome The Lords Spirituall and Temporall and Commons professing themselves reduced and received by their Majesties intercession to the unity of Christs Church and obedience of the Apostolick See of Rome and the Pope governing the same did make humble suite to their Majesties to be Intercessors that by authority of the Popes Holiness and by the ministration of Cardinall Poole by dispensation tolleration or permission respectively as the case shall require be abolished these Articles following and generally all others when any occasion shall so require may be provided for and confirmed 1. That all Bishopricks Cathedrall Churches Hospitalls Colledges Schooles and other such foundations now continuing made by authority of Parl. or otherwise established according to the order of the Lawes of this Realm since the Schisme may be confirmed and continue for ever 2. That Marriages made infragradus Prohibitos consanguinitatis affinitatis cognationis spiritualis or what might be made void propter impedimentum Publicae honestatis justitiae or for any cause prohibited by the Canons only may be confirmed and children born of those Marriages declared legitimate so as those Marriages were made according to the Lawes of the Realm for the time being and be not directly against the Lawes of God nor in such case as the See Apostolick hath not used to dispence withall 3. That institution of Benefices and other promotions Ecclesiasticall and dispensations made according to the form of the Act of Parliament may likewise be confirmed 4. That all Judiciall Processes made before any Ordinaries of this Realm or before any Delegates upon any Appeals according to the order of the Lawes of this Realm may likewise be ratified and confirmed 5. That the Lands and Goods of Bishopricks Monasteries Chanteries c. dispersed abroad to sundry persons by gift exchange purchase c. according to the Lawes of the Land for the time being shall so continue It was enacted that the title of supreme head of the Church never was nor could be attributed to by any King or Governor It was enacted that all Bulls Dispensations and Priviledges obtained before the 20 year of H. 8. or any time since of the See of Rome and not containing matter prejudiciall to the Imperiall Crown or Lawes of this Realm should be put in execution This Statute did restore the Pope and Apostolick See together with the Jurisdiction the Bishops had in the Realm to all the Authority they had before the 20 of H. 8. It is a very remarkable thing that this Statute does affirme that nothing done or moved in this Statute should be prejudicall to the Liberties of the Crown before the 20 of H. 8. and that the Statute of 24 H. 8. 12. and the Statute of 25 H. 8. cap. 20. which takes away all Ecclesiasticall Jurisdiction from the Pope and vests it in the King should be but declaratory of the ancient and common Law of this Land See Coke de jure Regis Ecclesiastico 28. a. b. 31. one of these must necessarily be false Thus did Queen Mary restore by Parl all the Papall Jurisdiction which Description of Queen Mary was exercised before the 20 of Henry the 8. and would have restored all the Abbey and Chantery Lands taken away by her Father and Brother had it been in her power but many alienations descents and purchases having been made of them she was not able to performe it being a Princess no doubt wondrous free from sacriledge zealous and constant in her Religion mercifull when her Religion was not concerned and just Her mercy appears in her not only pardoning all the Councell who had subscribed to her disinheriting but it was thought she would not have taken away the life of the Lady Jane although guilty of so high a crime as having actually invaded the Crown if the Duke of Suffolk her Father formerly pardoned by the Queens meer grace had not most unjustly and unthankfully excited her Subjects against her which together with Wiats Rebellion for her own security did necessitate her for her own security to execute her Her justice appears in this the Lord Sturton having been at variance with one Hargill and his Son Gentlemen knocked the poor Gentlemen on the head and after cut their throats and buried their bodies in a Pit 15. foot deep hoping this villainy would never come to light or if it did he assured himself of the Queens favour being zealously addicted to the Popish Religion which did him not good for the Queen abhorred and rejected all mention of Pardon for him only he had this grace that the other Murderers were hanged in a hempen but he in a silken halter Ecclesiasticall Lawes made in the Reign of Queen Elizabeth IT is declared that in the Reign of H. 8. divers good Lawes and Statutes Anno 1. Eliz. cap. 1. were made as well for the utter extinguishing of all usurped and forrein Powers and Authorities of this Realm and other her dominions and Countries as also for the restoring and