School-master presuming to teach any thing contrary to this Act and being thereof lawfully convict shall be disabled to be a Teacher of Youth and shall suffer imprisonment without Bayl ot Mainprise for the space of a year No Ordinary or their Ministers shall take any thing for the allowance of any Schoole-master All offences aforesaid and all offences against the first Eliz. 1. 5 Eliz. 1. 13 Eliz. 2. c. are inquirable into by the Justices of peace and other Justices named in the said Act within a year and day after such offences committed Justices of Oyer and Terminer of Assiize of Goale-delivery in their limits Justices of Peace in their Quarter-sessions have power to hear and determine the offences aforesaid except Treason and Misprision of Treason Every person guilty of any offence against this Statute other then Treason Misprision of Treason which shall before he be indicted or at his Arraignment before Judgement submit and conform himself before the Bishop of the Diocess where he shall be resident and before the Justice of Peace where he shall be arraigned or tried having not before made like submission shall upon his recognition of such submission in open Assises or Sessions in the County where such person shall be resident be discharged of all the said offences The forfeitures of the moneys limited by this Act shall be divided into three equall parts whereof one third part to the Queen to her use another for the relief of the poor in the Parish where such offence is committed to be delivered by warrant of the principle Officers in the receipt of the Exchequer without further warrant from her Majesty the other third part to such person as will sue for the same in any court of Record in which no Essoin or Protection or Wager of Law shall be allowed He that shall forfeit such summes as are specified in this Act and be not able or shall not pay the same within 3. moneths after Judgement shall be committed to prison and there remain untill he have paid the said summes or conform himself to goe to Church He that usually on Sunday shall have in his house the Divine Service as it is established and be thereat usually present and not obstinately refuse to come to Church and shall at least four times in the year be present at the Divine Service in his Parish Church or in some open Church or Chappell of ease shall incur no damage nor danger by this Act. Every Grant Conveyance Bond Judgement and Execution of covetous purpose to defraud the Queen or any other person shall be holden utterly void Tryall of a Peer for any Treason or misprision of Treason by this Act shall be by his Peers This Act nor any thing contained therein is said not to extend to take away any or abridge the authority or jurisdiction of the Ecclesiasticall Censures for any cause or matter but that Arch-Bishops and Bishops and other Ecclesiasticall Judges may do and proceed as before the making of it All Jesuits made within or without the Realm since the Nativity of St. Stat. 27 Eliz. cap. 2. John the Baptist in the first year of the Queen shall within 40. dayes next after the Session of Parliament if they be not wind-bound depart out of England and other the Queens Dominions If any Jesuit Seminary Priest or other such Priest Deacon or Religious or Ecclesiasticall person whatsoever born within the Dominions of the Queen and made since the feast of the Nativity of St. John in the first year of the Queen or hereafter to be made by any Authority from the Church of Rome shall after the said forty dayes after the Session of Parliament other then in such speciall cases as in this Act is expressed be found in any of the Queens Dominions every such person shall be adjudged a Traitor All they which shall receive any such Jesuit or Priest after such time shall be adjudged a felon without benefit of Clergy If Any Subject of England then being or after shall be of or brought up in any Colledge of Jesuits or seminaries already erected or to be erected out of the Realm shall not within six moneths next after Proclamation in that behalf made in London under the broad Seal return into this Realm and within two dayes after before the Bishop of the Diocesse or two Justices of the peace of the County where he shall arrive submit himself to her Majesty and her Lawes and take the Oath set forth in the first year of her Reign That then every such person which shall otherwise return shall be taken and deemed as a Traitor Whosoever shall any wayes send relief to any Jesuit or seminary beyond the seas or give any maintenance to any Colledge of Jesuits or Seminaries shall incur the danger of a Premunire None during the Queens life shall send his or her Child or other person except Merchants or such only who serve in their Trade as Merchants or Mariners beyond the Seas without the Queens speciall licence or under four of the Councells hands upon the penalty of one hundred pounds Every offence committed against this Act may be heard and determined as well in the Kings Bench as also in any County within this Realm or any of the Queens Dominions where the offence shall be committed or where the offendor shall be apprehended This Act shall not extend to any Jesuit c. before mentioned as shall within the said 40. dayes or within 40. daies after he come into the Realm submit himself to some Arch-bishop or Bishop of this Realm or to some Justice of Peace within the County where he shall arrive and doe thereupon truly and sincerely before the Arch-bishop Bishop or Justice of Peace take the said Oath set forth the first of Eliz. and under his hand confesse afterward to continue in due obedience to the Queens Lawes made or to be made in causes of Religion Peers shall be tried by their Peers for any offence made Treason Felony or Premunire by this Act. Any person being a Subject of this Realm which shall after the said 40. daies know any such Jesuit or Priest c. and shall not discover the same to some Justice of Peace or Higher Officer within 12. dayes every such person shall be fined and imprisoned according to the Queens pleasure and every such Justice of Peace or higher Officer which shall not discover the same within 28. dayes to some of the Queens Councell or to the President or Vice-president of the Queens Councell established in the North or Marches of Wales then he or they so offending shall forfeit 200 Markes Such of the Privy Councell President or Vice-president abovesaid to whom such information shall be made shall thereupon deliver a note in writing subscribed by his own hand to the party by whom he shall receive such information testifying that such information was made to him All such Oaths Bonds and Submissions as shall be made by force of
to instance the Acts of Parliament which give one Jointenant a power to compell the others to sue a Writ of Partition which was denied at Common-Law and right of Entry where they were put to their Cui in vita c. It may suffice that in no Kings reign there have not been Acts of Parliament which have been so far from making declarations of the Common-Law that they have made manifest alterations in it And as the Common-Law hath no force nor reason against an Act of Parliament so hath no particular Custom any force or reason against it for no man can prescribe against an Act of Parliament and all Lands in Gavel-kind were particular Customs but taken away by Act of Parliament And many Acts of Parliament have not declared the Succession of the English Diadem according to the usual custom thereof but made manifest alteration thereof as in the Succession of Hen. 4. 5. 6. Rich. 3. Hen. 7. 8. which being unjust and the cause not depending upon Humane laws ought not to be obeyed Nor secondly is that a less error that Judicial Records are equivalent to Acts of Parliament for they are so far from being equal to Acts of Parliament that in truth they are no Laws but Inferences and Conclusions which are deduced from Laws For there is not any Judicial Record which is not unjust if it cannot truly and ultimately be resolved in some general or particular Custom Act of the Parliament or grant of the King So that Acts of Parliament the Common Law Particular Customs and Prescriptions and Royal Grants are as Axioms Postulata or Principles in Arts or Sciences and Judicial Records Reported Cases and Yearsbooks are Inferences Conclusions or Sciences deduced from Acts of Parliament the Common Law and particular Customs of this Land or Concessions of the King Touching Royal Government Royal Government being the ordinance of God and from the Law of Nature is paramount to all Humane laws and the prime and efficient cause of them they cannot therefore declare the cause so as to create any obligation of what they are but the effects and from whence derived We have thus far treated of the means by which the Kings of this Nation have until 1640. governed and preserved their Subjects internally But because it is the office of Kings to preserve their Subjects as well from foreign force as internal broil there is yet something wanting of which we have not treated viz. The power of making War and Peace and maintaining Alliance and Traffique Of these in regard they refer to Foreign powers and jurisdictions and are not subject to the Laws of the Nation we shall forbear to treat only affirming that it is necessary that at all times this power must be so vested in the King that at all times he may have the aids and assistance of his Subjects in prosecution of the Ends aforesaid The end of the Third Book The Contents of the Fourth Book HAving thus far treated of all created Rights and the causes of all Laws and created Powers and Vertues and these being previous and necessary to all Justice and Obedience We in this Book descend to treat of Justice in the first Chap. as the most eminent and noble of all Humane vertues it being that which not only conserves private Families but all Nations and Kingdoms in unity peace and society and demonstrate it neither to be in Geometrical proportion as Plato would nor Arithmetical proportion as Zenophon held nor in Harmonical proportion as Bodin taught Nor is that corrective and distributive Justice which Aristotle affirmed to be in Arithmetical and in Geometrical proportion The Second Chap. treats of Obedience and shews how that it necessarily proceeds and yet is different from Justice The Third Chap. treats of Judgment and shews how it differs from Law and Justice The Fourth Chap. treats of Equity and shews how it differs from Judgment and how necessary Courts of Equity as well as Judicature are THE FOURTH BOOK CHAP. I. Of Justice 1. JUstitia est habitus animi communi utilitate Cicero's definition of Justice servata suum cuique tribuens Societatem conjunctionis Humanae munifice atque aequè tuens Justice is a habit of the Minde common utility being conserved giving to every one their right and bountifully and equally Cicero lib. 1. de legibus defending the Society of Mankinde Et Justitia est quae suum cuique distribuit Justice is that which does distribute to every man what is his right Where he says That Justitia est obtemperatio scriptis legibus we will shew that is not properly Justice but Obedience onely 2. Justice is the upright doing of an act conserving Society in that Quid sit Justitia formality as it is commanded or permitted by him who by right may command or permit it Justice is the doing of a just action the doing of a just action is the upright doing of any act as it is commanded or permitted by him who by right may command or permit it preserving Peace and Society I say Justice must have these two properties viz. upright doing that is abstraction from all affections of love hate or self-interest and the Law or Command of him who by right may command or permit such an act Other actions proceeding from Wisdom Reason Experiment or Discourse c. are prudent profitable c. but none are just or honest actions which cannot be truly and ultimately resolved into the Law or Command of him who by right may command or permit such an act So Quotuplex that Justice is twofold either commanded or permitted 3. Injustice is the abuse or falsifying the Law or Command of him What is Injustice who by right commands to the hurt or prejudice of another As a Law preceding and Integrity are inseparable incidents to Justice so Hypocracy seeming just and yet abusing or falsifying a Law and the damage of another or more are incidents inseparable to injustice 4. Let us see who may by right command and who are obliged to do God commands by highest right in conformity to their Laws and Commands I say God by highest right ought to command all the created things in Heaven and Earth and all Creatures are chiefly and absolutely obliged to do whatsoever he commands without any reasoning or disputing why he so commands For the earth is Psal 24. 1. Job 41. 11. Psal 50. 12. the Lords and all that therein is the compass of the World and all that dwell therein And whatsoever is under the whole Heaven is Gods and the World is mine and the fulness thereof All Gods commands therefore have a like and equal influence upon all his Creatures all Creatures as compared to him are alike vile and between him and them is no proportion To abuse then or falsifie any Law of God or Nature to the hurt or prejudice of another is a sin of injustice in all Gods Creatures and
often gone out of the Church and Priests houses having restored the thing taken away let him abjure the Province and not return and if by chance he shall return let no man presume to entertain him unless he have leave from the King Of breaking the Peace of the Church If any one shall violently infringe the Peace of the Church the Justice Cap. 7. belongs to the Bishops but if one guilty in avoiding their Judgement or arrogantly contemning it shall despise it let the complaint thereof be brought to the King within forty days and let the Kings Justice make him give Security and Pledges if he can get them until he first give God afterward the Church satisfaction But if within one and thirty days either by his friends or acquaintance or by the Justice of the King he cannot be found out the King shall Outlaw him by the word of his own mouth i. e. he shall be excluded out of all protection of the King But if after he shall be found and can be retained let him be restored alive to the King or his head if he shall defend himself Lupinum enim gerit caput which in English is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This is the common and general Law concerning all men Outlawed Of the Tithes to be restored to the Church of Sheep and Hoggs 8. The tenth sheaf of all kinde of corn is due to God and therefore to be restored to God And if any one hath a company of Mares let him restore the tenth colt to God he who hath but one or two for every single colt one single peny In like maner who hath many Cowes the tenth calf who hath but one or two for every calf one single halfpeny and who make Cheese give to God the tenth but if he make none milk the tenth day In like maner the tenth Lamb the tenth Fleece the tenth Cheese the tenth Butter and the tenth Hogg Of Bees In like maner the tenth of the profit of Bees as also of under-Wood In some these two Chapters are joyned of Meadow and Waters and Mills Parks Warrens Fishponds tender Sprouts and Gardens and Merchandize and all other things which God shall give the tenth part is to be restored to him who gave the nine parts together with the tenth who shall have detained it let him be compelled to restitution by the Justice of the Bishop and King if need be For these things St. Augustine hath Preached and are granted by the King Barons and People but afterwards by the instinct of the Devil many have detained it and Priests careless of growing rich did not care to take pains to get them because they had sufficient means of living For in many places now there are three or four Churches where then there was but onely one and so they began to be diminished Of them who are judged to be brought to Judgment or Water by the Cap. 9. Justice of the King In that day wherein Judgment ought to be done let the Minister of the Bishop and his Clerks come thither and in like manner the Justice of the King with Legal men of that Province who may see and hear that all things be rightly done and whom the Lord by his mercy will save let them be quit and freely depart and whom the iniquity of the fault the Lord shall not condemn let the Justice of the King do justice upon them But the Barons who have their jurisdiction of their men let them see that they do so concerning them as they incur not displeasure with God and offend not the King And if a Suit does arise concerning men of other Baronies in their Courts let the Justice of the King be present because without it the Suit cannot be determined If any of the Barons hath not Justice in the Hundred where the Plea shall be holden it shall be determined at the next Church where the Judgment of the King shall be saving the Right of those Barons Of Romescot 10. Every one who shall have Thirty pence of current money in his house of his own property by the Law of England shall pay a Peter penny and by the Law of the Danes half a Mark But that penny ought to be summoned upon the Feasts of the Apostles Peter and Paul and collected at the Feast which is called To the Bonds so that it be not detained beyond that day If any one shall longer detain it let complaint be brought to the justice of the King because this penny is the Alms of the King and it is justice he cause this penny to be restored and the forfeiture of the Bishop and King But if a man hath more houses let him restore the Peter-penny for that wherein he resides upon the feast of Peter and Paul the Apostles Of the Office of the King and of the Right and Appendixes of the 17. Crown of the Kingdom of Britain And the King because he is the Vicar of the highest King and to this purpose ordained that he may both govern and rule the terrene kingdom and people of the Lord and above all things the holy Church and that he defend the same from wrong-doers and destroy and root out workers of mischief Besides these Sir Ed. Coke in Cawdries Case instances in King Kenulph for that King Kenulph by his Letters Patents with the consent and councel of his Bishops and Senators of his Kingdom did give to the Monastery of Abingdon in the County of Berks and to one Ruchnius then Abbot of the said Monastery c. a certain portion of his Country c. and that the said Ruchnius c. should be ever free from Ecclesiastical right or jurisdiction and that the Inhabiters of it from thenceforth be kept under the yoke of no Bishop or their Officials but in all events of things and discussions of causes they be subject to the Decree of the Abbot of the Monastery aforesaid And that this Charter was above * * Counting to the time Sir Ed. Coke wrote 850 years since which was in the year 755. and after confirmed by Edwin of Britain King and Monarch of Englishmen and this Grant did continue until the dissolution of the Abby by Henry the 8. So that the Kings of this Nation have not only of antient time been Nursing fathers to Gods Church and have exercised their Regal power over the persons of all their Subjects in all cases but have even dispensed with and conferred Episcopal jurisdiction But this was only matter of fact and done but only in one place nor was it ever established by a Law before the Statute of Lollard and by Henry the Eight and the First of Eliz. Yet it was afterward as shall appear in the next Chap. used by divers Kings and often adjudged by the Judges before Henry the Eighth CHAP. III. Ecclesiastical Laws made by William the First who began to reign in the year of Christ 1067. THat Nations and Kingdoms
of them or by any Generall Councell wherein the same was declared heresie by expresse and plaine words of Scripture or such as should be determined Heresie by the high Court of Parl. with the assent of the Clergy in their Convocation This Statute revives the 23 H. 8. 9. 24 H. 8. 12. 25 H. 8. 20. 25 H. 8. 21. 26 H. 8. 14. 28 H. 8. 16. So much of the Act of the 32 H. 8. 38. concerning precontracts of Marriages and touching degrees of Consanguinity as by the 2 Ed. 6. 23. was not repealed the 37 H. 8. 17. the 1 Ed. 6. 1. This Act repeales the Statute of the 1 2. Ph. M. 6. the 1 2 Ph. M. 8 except those things touching the Premunire in the said Statute It repeales the 5 R. 2. 5. the 2 H. 4. 15. the 2 H. 5. 7. made for the punishment of Heresies by fire and faggot This statute repeales the statute of the first of Mary and the 2 and revives Stat. 1 Eliz. cap. 2. the statute of the 5 6 of Ed. 6. for the uniformity of Prayer and administration of the Sacraments with the alteration or addition of certain Lessons to be used every Sunday of the yeere and the forme of the Letany altered and corrected and two sentences only added in the delivery of the Sacrament to the Communicants If any Parson Vicar or other whatsoever Minister that ought or should say or sing Common-Prayer mentioned in the said Booke in such Cathedrall or Parish-Church or other places where he should Minister the same in such manner and forme as is mentioned in the said Booke refuse to doe the same or use any other forme or shall preach declare or speake any thing in derogation of the said booke or any thing therein contained or any part thereof and shall thereof be lawfully convicted according to the Lawes of the Land by the Verdict of 12 men or confession or notorious evidence of the fact shall forfeit to the Queene c. for the first offence the profits of one whole yeere next after such conviction of all his spirituall Benefices and suffer imprisonment for the space of six moneths without Bayle or Mainprize If any such person once convicted concerning the Premisses shall after such conviction offend and be thereof lawfully convict shall suffer imprisonment for the space of one whole year and be deprived ipso facto of all his spirituall promotions and that it shall be lawfull for all Patrons and Donors of such Spirituall promotions to present or collate to the same as if the person or persons so offending were dead If any person be convicted the third time of the premisses he shall ipso facto be deprived of all his spirituall promotions and shall suffer imprisonment during life Any person that shall offend and be convicted inform aforesaid concerning any of the premisses not being beneficiall or having any spirituall promotion shall for the first offence after such conviction suffer imprisonment for the space of one whole year without Bail or Mainprise and for the second offence after lawfull conviction shall suffer imprisonment during life If any person shall doe or speak any thing in derogation of the book of Common-prayer or disturb or interrupt any Parson Vicar or other Minister in any Cathedrall or Parshi Church or Chappel in the celebration of the Common-prayer or ministration of the Sacraments or shall compell or cause any other Service to be celebrated being thereof lawfully convict shall for the first offence forfeit to the Queen c. the summe of one hundred Marks and for the second offence the summe of four hundred Marks and for the third offence he shall forfeit all his Goods and Chattels and suffer imprisonment during life If any person shall for the first offence be convict of the premisses in form aforesaid and shall not pay the sum to be paid by virtue of his conviction that instead thereof he shall suffer imprisonment for the space of 6. moneths without Bail or Mainprise and he that shall not pay for the second conviction shal suffer imprisonment for the space of 12. moneths without Bail or Mainprise Every person shall having no lawfull or reasonable excuse to be absent diligently and faithfully endeavour to resort to the usuall places where Common-prayer and such Service of God shall be used upon Sundayes and other dayes appointed to be kept holy and there abide orderly and soberly during the time of Common-prayer Preaching and other Service of God upon pain of punishment by censures of the Church and twelve pence to be levied by the Church-wardens to those of the poor of the Parish by way of distress The Ordinaries and all other Officers Ecclesiasticall as well in places exempt as not exempt within their Diocess have power and authority by this Act to correct and reform and punish by Church censures all who shall offend within their Jurisdictions The Justices of Oyer and Determiner or Justices of Assise in open and generall Sessions have power to hear determine and punish these offences yet so that every Arch-bishop and Bishop in their severall Diocesses by virtue of this Act may associate or joyn themselves with the said Justices No person shall be molested for any offences abovesaid unlesse he be indicted at the next generall Sessions next after such offences are committed All Lords of Parliament for their third offence shall be tried by their Peers Chiefe Officers of Cities and Boroughs have the like authority to hear and determine the offences aforesaid as the Justices of Assize and Oyer and Determiner have Arch-Bishops Bishops their Chancellors Commissaries Arch-Deacons and other Ordinaries having any peculiar Ecclesiasticall Jurisdiction have by virtue of this Act power in their Visitations Synods and elsewhere within their Jurisdictions to enquire and take the accusations and informations of all the offences aforesaid and to punish the same by Admonition Excommunication Sequestration or Deprivation and other censures in like form as heretofore has been used by the Queens Ecclesiasticall Laws Any person offending in the premisses and punished therefore by the Ordinary having a testimoniall thereof under the Ordinaries Seal shall not for the same offence be convicted before the Justices and likewise punished for the first offence by the Justices he shall not again receive punishment of the Ordinary Such Ornaments of the Church and of the Ministers shall be reteined Anno 5 Eliz. cap. 1. and be in use as was in this Church of England by authority of Parliament in the 2 year of the Reign of Ed. 6. untill other Order shall be taken by authority of the Queen with the advice of the Commissioners appointed and authorised under the Great Seal of England for causes Ecclesiasticall or of the Metropolitan of the Realm It was enacted That whatsoever person inhabiting in the Queens Dominions who by word or deed should maintain that the Bishop of Rome had any authority or jurisdiction in any of the
convict shall be committed to prison without bail or mainprise untill they conform to come to Church and hear Divine Service according to Law and make such submission and declaration as in this Act is afterward declared and appointed If any person who shall offend as aforesaid shall not within three moneths after they be convicted conform themselves to the obedience of the Laws in comming to Church to hear Divine Service and in making such publick confession and submission as in this Act is appointed being thereunto required by the Bishop of the Diocesse or any Justice of Peace where the person shall happen to be or by the Minister or Curate of the Parish that in every such case every such offendor being thereunto warned by any Justice of Peace of the County shall upon his or their corporall oath before the Justices of Peace in the open Quarter-sessions or at the Assises abjure the Realm and all other the Queens Dominions for ever unless her Majesty shall licence the party to return and shall depart out of the Realm at such Port and within such times as shall be appointed by the said Justices before whom the said abjuration was made unlesse the offendor be letted by such lawfull and reasonable means as by the common Lawes are permitted in cases of abjuration of Felony and in such cases of let or stay then within such reasonable time after as the Common Law requires in case of Abjuration for Felony the Justices of Peace before whom any such abjuration shall be made shall cause the same to be presently entred into record before them and shall certifie the same to the Justices of Assizes and Goal-delivery of the said County at the next Assizes If any such offender which by the tenor of this Act is to be abjured shall refuse to make such abjuration and shall not goe to such Haven within such time appointed and depart out of the Realm or after such departure shall return without licence that in such case the party offending shall suffer as in case of Felony without benefit of the Clergy If any person offending against this Act shall before he be required as aforesaid to make such abjuration repair to some Parish Church on some Sunday or Festivall and then and there hear Divine Service and before Sermon or reading of the Gospell make publick and open submission and declaration in conformity to the Lawes according to this Act that then every such penalties inflicted by this Act be discharged The submission to be made is I A. B. doe humbly confess and acknowledge that I have grievously offended God in contemning her Majesties Godly and lawfull Government and Authority by absenting my self from Church and hearing Divine Service contrary to the Godly Lawes and Statutes of this Realm and in using and frequenting disordered and unlawfull Conventicles and Assemblies under pretence and colour of exercise of Religion And I am heartily sorry for the same and do acknowledge and testifie in my conscience that no other person hath or ought to have Authority over her Majesty And I doe promise and protest without any dissimulation or any colour or means of any dispensation That from henceforth I will from time to time obey and perform her Majesties Lawes and Statutes in repairing to the Church and hearing Divine Service and do my uttermost endeavor to perfom the same The Minister of every Parish where such submission and declaration shall be made shall presently enter the same into a book to be kept by every Parish for that purpose and within ten dayes after certifie the same in writing to the Bishop of the Diocess If any such offendor after such submission shall afterwards relapse and obstinately refuse to repair to some Church or usuall place of Divine Service or shall be present at any such Conventicles c. under colour of exercise of Religion contrary to her Majesties Lawes That then every such offendor shall lose the benefit he might have had by virtue of his Submission If any person shall hereafter relieve maintain or keep in his house or otherwise any person which shall obstinately refuse to come to some Church or usuall place of Common-prayer or shall forbear the same by the space of a moneth that then every such person so offending after such notice given him by the Ordinary of the Diocesse or any Justice of Assize of the Circuit or any Justice of Peace of the County or any Minister Curate or Church-warden of the Parish where such person shall be shall forfeit to the Queen for every person so relieved after such notice forty pound for every moneth that he or they shall relieve c. any person so offending This Act shall in no wise extend to punish or impeach any person for relieving or keeping his Father Wife Mother Child Ward Brother or Sister or his Wives Father or Mother not having any certain place of habitation of their own or the Husbands or Wives of any of them or for relieving maintaining or keeping any such person as shall be committed by Authority to the custody of any by whom they shall be so relieved or maintained These two last clauses are repealed by the 3 Jac. 4. All duties forfeitures and payments due to the Queene by virtue of this Act or the Act of the 23 of Eliz. concerning Recusants may be recovered and levyed to her Majesties use by action of debt bill plaint information or otherwise in any of the Courts called the Kings bench Common-pleas or Exchequer in such sort as by the ordinary course of the Common-Law any other debt due by any person in any other Case might be recovered or levyed where no Essoin Protection or Wager of Law bee admitted The third part of the Penalties had or received by virtue of this Act shall be imployed and bestowed to such good and charitable uses in such manner and forme as is limited and appointed in the Statute made in the 29 Eliz. c. 6. concerning Recusants No popish Recusant or feme covert shall be compelled to abjure by this Act. Every person that should abjure by virtue of this Act and refuse being thereunto required as aforesaid shall forfeit to the Queene all his goods and chattels for ever and his Lands and Tenements during life the wife of any such offendor shall not lose her Dowre nor any corruption of blood shall grow or be by reason of any offence mentioned in this Act. Every Person above sixteene yeeres of age borne within any of the Stat. 35 Eliz. cap. 2. Queenes Dominions or made a Denizen being a popish Recusant and before the end of that Session of Parliament convicted for not repairing to some Church or usuall place uf Divine-service but forbearing the same contrary to the Lawes established and having a certain place of abode within the Realme shall within forty dayes next after the Session of Parliament if they be in the Realme and not restrained by imprisonment or by command of
a Law not to kill one another which I no where find nor he proves nor do I see any colour of reason to believe Nor had Adam any power to restrain his Sons or give them Law as Father for if you believe him he tells you that Dominium paternum non oritur ex Cap. 9. art 1. generatione I would further be satisfied how this civil pact can give the Civitas that which none of them have viz. Property and power of life and death without which can be no Civitas or Supreme Power or any Power at all if we be Christians and believe God who says By me Kings reign and Pro. 8. 5. Princes decree justice or judgment and that All powers are of God and the Rom. 13. 1. powers that be are ordained of God If they be then Gods ordinances and ordained of him then can they not be an artifice and invention of any Man but are and ever have been whether Do or Dedi ever had been or not And let any man judge whether he does not contradict himself He Cap. 5. art 4. says That the concord and consent of the Multitude is not sufficient long to preserve Peace but that it behoveth that something more be done that they who have once consented to peace and mutual aid for the common good should not afterward when any Private good varies from the Publique again disagree be restrained by Fear And Art 5. he says Aristotle reckons among living creatures which he calls Politick not only Man but also many other as the Ant and Bee who although they be destitute of reason by which they can make covenants and submit themselves to Government yet nevertheless by consenting that is by desiring the same things and by avoiding the same things they so direct their actions to one common end that their Companies are obnoxious to no seditions Yet are not their Companies therefore Civitates nor are those Creatures to be called Politick because their Government is only consent or many wills to one object not as is necessary in a City one will Observ Now mark here he says Consent only makes no Civitas yet where he would prove the beginning of his Institutive or Politick Government from Scripture he says Tale fuit initium regni Dei c. Such was the Cap. 11. art 1. Kingdom of God over the Jews instituted by Moses If you will hear my voice c. ye shall be to me a Priestly Kingdom And all the People together answered We will do whatsoever the Lord hath spoken Observ So here let any man see this great Master of Learning and Reason make the Initium of this Institutive or Politick Civitas to be derived from the Consent of the Multitude and in the same breath before the Multitude did consent he makes God only by his servant Moses first to will and after that the People to consent You come behind and I follow after whither of us went before But suppose the beginning of this Civitas had its beginning from the Observ 2. Consent of the People yet does he contradict himself as much as before for then this Initium is the Initium caput corpus finis of it for here is nothing added to it So that either here is no Civitas and so Mr. Hobbs says not true and has taken great pains to no purpose or else this Civitas is wholly made from the Consent of the Multitude which is absurd and contrary to Art 4. 5. Cap. 5. Well let us see whether he hath better success with Art 6. then the 4. and 5. where he says Because the conspiracie of more Wills to the same end is not sufficient for the preservation and stable defence of Peace Doubtless it is not less then a Judgment upon him that he should call such a consent as he here speaks of a Conspiracie which all men take in ill sence of men consenting to do some evil act it is requisite that the will of all be one concerning those things which are necessary to peace and defence But this cannot be unless every man so subjects his will to the will of another viz. of another Man or Court that whatsoever he wills concerning those things which are necessary to the common peace be accounted the will of them all and every one of them And Art 7. he says This submission to the will of one Man or one Council then is made the will of them all when every one of them obligeth himself by pact to every one of the other not to resist the will of that Man or that Council to which he has submitted himself And this a little after he says is called Unio and this Union so made Art 9. is called Civitas or Societas civilis or Persona civilis Observ If this Unio or Civitas or Societas or Persona civilis be so necessary to all Governments and that it must and therefore may be made by mens pacts one with another I wonder why the Children of Israel should be 1 Sam. 8. 5. so zealous to have a King to judge them like all the Nations if they could by their pacts have made one without ever asking one at Gods hands Nor was there at that time or ever before any such thing as ista Curia or Democracy ever heard of For the Children of Israel desired a King to judge them like to all the Nations and at that time was Codrus King of the Athenians Smendes or Semendes King of the Sicyonians Aletes King of the Corinthians Eurysthenes King of the Lacedemonians So that in those days not among the Grecians was there ever so much as Aristocracy or Democracy heard of Nor was there ever any place in the world where there were men inhabiting without Government For that place When there was no King in Israel we shall answer afterwards Nor was there originally ever any Government but Monarchy and that never from any Pacts of men And this Government so continued everywhere until it was violated by seditious and rebellious men And whereas he makes this Civil Pact to be so necessary and antecedent to all Civil Government I would fain know of Mr. Hobbs whether Saul David Solomon Jehu Hazael Cyrus c. were not as much Kings or Civitates as he calls them as if they had all this Covenanting and making Pacts one with another That this mans will should be the will of them all Not to resist the will of David Solomon Hazael c. in those things which they deemed necessary for the peace of the Israelites Persians Syrians c. But if these were Civitates as if Mr. Hobbs be a Christian which I think may be a question he must needs confess and yet not made so by his Civil pacts nor indeed any other Then is this Unio so far from being essential or necessary to the making of a King or Civitas that as to the right of a King it is no matter whether it be made
Democracy of Sedition and the causes of it Of the Fathers Husbands Masters and Ecclesiastical Power The Third Book treats of Subjection Succession and the Municipal Laws of this Nation The Fourth Book treats of Justice Obedience Judgment and Equity The Fifth Book treats of the first Planting of Christianity under the British and Saxon Kings and of the Freedom of the British and English Churches before the Conquest and how far the Kings of England had exercised their Ecclesiastical Jurisdiction and how both British and Saxon Kings had been Nursing-Fathers to the Church of Christ and how far since the Conquest the Kings of England had exercised their Jurisdiction in the Assertion of their Regal Power in defence of the Church until Henry the 8th and of the Reformation made by Hen. 8. Edw. 6. Queen Elizabeth and of the Ecclesiastical Laws made by them Queen Mary King James and King Charls A more particular Survey of the Contents of the First Book Chap. I. THe First Chapter not onely treats of those Rights which must necessarily precede all Humane and Ecclesiastical Laws but also of those Rights which are created by Humane Laws Chap. II. Treats of Divine Humane Ecclesiastical and Despotical Laws and from whence they are derived Chap. III. Shews what Virtue is and the causes of all Theological Moral Humane Prudential and Personal Virtues Chap. IV. Treats of Particular Moral Virtues and Chap. V. Proves them to be commanded by God in the old and New Testament Chap. VI. Demonstrates the Obligation of Divine and Humane Laws upon the Persons and Consciences of Men. Chap. VII Is of Promises Vows Leagues Pacts or Contracts and Gifts and from whence Men become obliged to them and does demonstrate that it is impossible that any Law or Legislative Right can arise from the Pacts or Contracts of Men which concludes the First Book DEFINITIONS JUs is a Right Due or Property in God principally and absolutely or in some Jus quid Man or Men by some Divine or Humane Law excluding all others but him or them from whom it is derived First All Right is either Jus Divinum or Naturale and this Right is The Specifications of it onely primely and absolutely in God and incommunicable to any Creature Or Secondly Jus Humanum is a Right which Men have from the Law of Nature Or Thirdly Jus Ecclesiasticum a Right by which the Tribe of Levi did under the Old Law exercise their Priestly Office and Function and a Right by which Bishops Priests and Deacons among Christians do execute their Office and Functions Or Fourthly Jus Legale a Right which all Subjects have in their Estates and Goods And this Right is either Jus Proprietatis or Jus Usufructuarium 2. Nature is either that eternal Being which ever was in God which Men What is Nature call Natura Naturans Or that first Being which is in any Creature superior to the Will of any Creature and created onely by God and this Nature Men call Natura Naturaliter the depraved sinful Nature of Man was not originally created by God but afterward made by Man 3. Jus Naturae Naturantis is that Right which must necessarily precede What is Jus Naturae Naturantis What is Jus Naturae Naturaliter and create Lex Naturae 4. Jus Naturae Naturaliter is that Right which is created by the Law of Nature but because this Right is proper to Man onely we will call this Right a Humane Right As also that Power which is created by the Law of Nature although it be Natural Naturaliter yet being proper to Man we call it Humane Power 5. A Law is the declared Will of him who by right commands forbids or What is a Law permits athing together with a penalty annext for not observance Lex dicitur à ligando quia obligat says Isidore rightly Etymologie of Lex Common Notions or Axioms 1. ALL Right which any Man or company of Men have is derived either from the Law of Nature or some Divine Positive Law declared in the Scriptures or from some Humane Law or particular Custom which is always presumed to be created or permitted by Humane Laws 2. Humane Laws and Customs refer to some particular place or Countrey as they are permitted or imposed by the supream Power of that place or Countrey viz. By them who have right to impose or permit them 3. The Laws of Nature oblige all Men of all conditions alike without exception and are eternal and immutable by Man and are and always were connatural with all Men. 4. No Being can precede or be superior to the cause of its Being 5. All Causes are superior and precede their Effects THE FIRST BOOK CHAP. I. De Juribus 1. LEx Humana lata has by the second Notion no being Jus Humanum Legislativum is not from any Humane Law but as it is caused or created by him who has the Jus Legislativum Lex Humana lata therefore cannot by the Fifth Notion create Jus Legislativum 2. If Jus Humanum Legislativum were from Jus Humanum Legislativum is not created by Divine positive institution Divine positive institution then by the Fifth Notion must the Scriptures precede all Legislative Right but this is evidently repugnant not only to the Scriptures themselves who testifie not only the Right which Fathers and Husband have over their Children and Kings over their Subjects long before God revealed them by Moses but also this Lawgiving Right is in every place of the world whether the Scriptures be received or beleeved or not It is evident therefore that this Law-giving Right is not created from Gods positive Laws in the Scriptures 3. Jus Humanum Legislativum is not by the first Proposition from Jus Humanum Legislativum is from the Law of nature immediately any Humane Law by the second Proposition Jus Humanum Legislativum is not from Divine positive Laws Therefore by the first Notion Jus Humanum Legislativum is from the Law of Nature 4. By the third Notion the Laws of Nature are and alwaies were connatural Jus Ecclesiasticum is not from the Law of nature with Men but the Right which God gave the Priests under the old Law and to Bishops Priests and Deacons under the new Law hapned long since Men were borne in the world and therefore the Ecclesiastical Right of Bishops and Priests is not from the Law of Nature 5. If Humane Laws could create the Right of Ecclesiasticks then by Nor from any humane law the 2. Notion he who may by right create Humane laws might also create this Ecclesiastical right But this is evidently false for all Kings Fathers and Husbands have a right of creating Humane laws but none have the right of creating the Ghostly right by which Ecclesiasticks exercise their function or office This right therefore is not created by any Humane law 6. By the 4. Propos Ecclesiastical right is not from the
from the company of Tamar whenas he hated her because he had abused her but it was in Joseph that he refused to accompany his Mistress whenas he might have securely enjoyed her Nor is it any virtue for any man to do or forbear any thing for feare of punishment for so horses dogs and other irrational creatures will do or not do many things for feare of stripes which are commanded or forbidden by their Masters Nor is it any virtue in a Judg to pronounce true judgment if he be hired thereunto by any reward or bribe Where therefore neither worldly pleasure profit love feare hate nor any sublunary thing but it may be loss to all these do not move a man to the doing or not doing of what in conscience he ought to do or forbear there nothing less then Gods grace and power in such a man can be the true and efficient cause of such an action 6. It is a most admirable thing to consider how notwithstanding all Why only Man can do virtuous Actions the various natures dispositions and events of things this one Providence foresees and provides for all created things in the whole universe until she brings them all to their designed end Nor does this providence foresee and provide for all things from an eternal and fatal decree impelling all actions of all creatures For then there could be no such thing as good or bad men but God were the efficient cause of vice as well as virtue in men but by a mean foresight or knowledg does often determin necessary effects from contingent causes Which does not only plainly appear from very many places of Scripture as that the men of Keilah would have delivered David if he 1 Sam. 23. 12. had not escaped thence that God would have destroyed Niniveh within forty daies if the men had not repented that God would have gathered the children of Jerusalem together as a Hen gathereth her Chickens but Matth. 23. 27. they would not that if the mighty works had been done in Tire and Sidon which were done in Chorazin they had repented in dust and ashes c. Matth. 11. 21. but also all Gods promises and cursings upon men do depend upon their obedience or disobedience to what he commands And however this rigid opinion of Fate and the eternal determination of all things be asserted by the Stoicks yet do not I think that the most wicked man that ever was did ever attribute any wicked action to any such cause but pretended conscience pleasure profit or his own will never Gods It is true indeed that God hath made man in flesh and blood and so prone to desire many things which he ought not But though diverse men do naturally affect and desire things they ought not yet God hath so made every man a free Lord of all his actions that there is no man but may chuse whether he will do or not any thing to the attaining of his appetitions and affections And mans excellency above other creatures consists in this that his actions are not determined by his objects as other creatures are but he may freely do this action as it is moved in him from the appetition of pleasure profit pride c. or abstain from it as he apprehends it forbidden by him who may forbid And so may any man freely do or endeavor to do any thing which he ought to do though to his temporal disadvantage but this having no Temporal motive must proceed from Gods grace which no creature upon earth can do but only man only man therefore can do virtuous actions CHAP. III. Of Judgment 1. JUdgment is the definitive of him who by right commands permits What is Judgment or forbids a thing either by himself or instrument whether any thing be done conformable to a Law commanding permitting or forbidding it 2. Herein judgment differs from a Law A Law is the declared will of How it differs from a Law him who by right commands permits or forbids a thing together with a penalty annext for not observance after some reasonable time fixt whereby the obliged may take notice of such declaration Judgment is the sencence of him who so commands forbids or permits whether such an act were an omission or transgression of any Law so declared 3. Justice is the upright doing of any just or legal action conformable to the Law of him who by right commands Judgment is the discerning of How Judgment differs from Justice a good or bad action 4. All judgment must necessarily be the act of three persons at least What persons are necessary in Judgment viz. the Judge the accuser and the party accused or as we say the Judge the Plaintiff and Defendant 5. The end or ratio finalis of Judgment is either to determine differences The end of Judgment or punish offenders CHAP. IV. Of Equity 1. EQuity is twofold either a remission or moderation of the Laws How manifold is Equity when the execution of Laws will rather kill then cure a distemper in the Subject as when many Subjects either upon passion or being seduced have so far transgressed Laws that they have forfeited by Law their lives and estates yet in such case are not supream powers rigidly to exact all which the Law gives them but it is equity so to punish the principal Authors and other Subjects that others may be deterred from the like and the generality offending preserved So where the Law commands upon penalty and it becomes impossible for the Subject to perform as it ever was and will be there it is equity to remit the penalty Where therefore the Law obliges a Tenant to pay his Landlord such a Rent yet if by inundation of waters sterility of the season c. it comes to pass that the Tenant by no fault of his either cannot or it will be the ruine of himself and family to pay it there it is equity in the Landlord to remit or moderate what by Law he might justly exact Or secondly a supplement of the Law in cases wherein things in conscience ought to be done yet for want of some formalities or niceties they cannot in strictness of Law be exacted 2. Equity is when with a sincere intention men although it be to How Equity differs from Judgment their prejudice endeavor to please God Judgment a giving sentence according to Laws 3. In Courts of Judicature the Judges proceed according to the declared The necessity of Courts of Equity Laws and ought not in judgment to vary or swerve from them but proceed as they are impowred by Law and their Commission and Laws are made usually ad terrorem rather to affright men then to punish all offenders which Laws were they not moderated it were impossible for all men to subsist under the burden of them nor is there any man but has need of Gods mercy and the Kings Courts of Equity therefore are as necessary
have their origination from God we Introduction have already in its proper place asserted And that these Kingdoms thus created by God have periods alterations and conversions set by him which cannot be foreseen or prevented by man is certainly as cleer and evident as the former and often owned by God himself in Sacred Writ as well over his own people as others But that therefore any man or men should therefore endeavour to make alterations in Kingdoms is like to a man who becaufe all men naturally die thinks he may kill any man and father the fact upon God And if God even over his own peculiar people did for the sins of the Kings and people especially the Israelites so often convert the line of the Kings then can it not in reason be expected in this Iron and much more sinful Age that God should every where continue a fixt and certain succession of Kings according to the ordinary course of Nature viz. Primogeniture But that therefore the Pope or any other creature may arrogate to themselves a right or power superior to the Law of Nature is no less absurd then that a Son may kill his Father because all Fathers have periods set by Nature which they cannot pass And that all Subjects do by birth owe a natural subjection to rightful Princes in whose dominion they were born which relations can never be dissolved but by God himself we have in their proper places demonstrated Yet may the exercise of this power be suspended so long as such Subjects come into the power of other Princes whether it be by conquest or otherwise and do owe them a temporary obedience so long as they continue there and their posterity born in their dominions owe such Princes a natural obedience which can never be dissolved And also that since there is no other Judge under Heaven to decide the controversie of Princes but their swords which can never be alledged by any Subjects who have Laws to decide their differences such decision is good as to the exercise of any Princes power over all them who fall under ir and all Subjects born in such exercise of power or dominion become natural Subjects to any Prince who by conquest acquires the dominion of another we have also demonstrated in its proper place Yet whether it were of old that Popes did arrogate to themselves this right of deposing Temporal Princes or debarring them of their right which about this time was frequently asserted by and practised by the Popes and which Pope Alexander was pleased to confer upon the Conqueror against all Right and Law to the manifest prejudice of Eadgar Athelin let us see the Epistle of S. Eleutherius to King Lucius as it is cited in chap. 17. of S. Edovards Laws In the year from the passion of Christ 169. or 156. our Lord Eleutherius the Pope wrote to Lucius King of Britain at the Petition of the King and Peers of the Kingdom of Britain You have required of us that the Roman Laws and of Cesar be transmitted to you which you would use in the Kingdom of Britain We can always reprove the Roman Laws and those of Cesar but not at all the Law of God For ye have by Gods mercy of late received into your Kingdom of Britain the Law and Faith of Christ you have of your self in your Kingdom sufficient Authority from whence through Gods grace by the advice of your Kingdom to make a Law and by it through Gods patience you shall rule the Kingdom of Britain And you are the Vicar of God in your Kingdom according to the Kingly Prophet The earth is the Lords and the fulness of all the world and all who inhabit therein And again according to the Kingly Prophet Thou hast loved Justice and hated iniquity and therefore thy God hath anointed thee with oyl of gladness above thy fellows And again according to the Kingly Prophet God is thy Judgement c. Therefore neither the Judgement nor Justice of Cesar for they are sons of the King Christian Nations and people of the Kingdom who live under your Protection and Peace and Reign and are according to the Gospel Even as a hen gathereth her chickens under her wings c. But they are Nations and your People of the Kingdom of Britain and who divided you ought to congregate recall nourish hold with your hand protect and rule into one for concord and peace and to the Faith and to the Law of Christ and his holy Church and always to defend it from evil doers and malitious men and its enemies Wo to the Kingdom whose King is a boy and whose Princes eat together in the morning I Do not call a King because of his small and tender age but because of his folly and iniquity and rage according to the Prophet King Men of blood and deceitful shall not live out half their days c. By eating we understand the Pallat by the Pallat Luxury by Luxury all things filthy and evil according to King Solomon Wisdom shall not enter into the soul of the evil doer nor shall dwell in a body subject to sins Rex dicitur à Regendo non à Regno A King thou shalt be so long as thou rulest well which thing if thou wilt not do the name of King shall not remain in thee and thou shalt lose the name of King which God forbid God Almighty grant to you so to Rule your Kingdom of Britain that you may Reign with him for ever whose Vicar you are in the Kingdom aforesaid who with the Father and Son c. Of the Right and Ecclesiastical freedom of Asylum's Cap. 1. That is to say Peace to the holy Church Of whatsoever forfeiture any one is guilty this time and he can come to the holy Church let him have peace of life and member and if any one hath set his hand against that which the Mother-Church shall require whether it be an Abby or Church of Religion let him restore that which he hath taken out and one hundred shillings for forfeiture and concerning the Mother-Parish-Church twenty shillings and concerning a Chappel ten shillings And according to the peace of the King in the Laws of the Mercians he shall make amends with En perchenâ—laâ— one hundred shillings accordingly as of Heinefare and prepensed lying in wait Of Peter-pence or Romescot Cap. 18. A Freeman who hath Field-Beasts valued at thirty pence shall pay a Peter-peny For four pence which the Lord shall give all his Borderers and his Boner and his Servants be quit A Burger who hath of his proper goods so much as shall be esteemed half a Mark let him pay a Peter-peny He who in the Law of the Danes is a Free-man and hath field-cattel which are valued worth half a Mark in silver ought to give a peny to St. Peter and for that peny shall all be quit who reside in his Demains Of them who do not pay the Roman
cannot prove what he saith by the testimonies given the accuser may take the excommunication of the accused and let no man believe him concerning himself declaring upon another crime but a confession extorted by fear or fraud is invalid Let a Priest beware that whosoever confesses his sins to him he tell no body of them because he confesseth to him not to his neighbors or strangers which thing if he do let it be set down and repent all the days of his life ignobly in Pilgrimage And if at any time a Bishop says any man hath confessed to him any proper crime and he deny it let not the Bishop think it does not belong to his injury that he is not believed for himself alone and if for scruple of his conscience he says he will not communicate to him oftentimes good men are silent and suffer the ill things which they have known because they are forsaken in their documents and cannot allow of their Judges for although they are true yet are they not believed of the the Judge unless they be proved by certain appearances But we cannot at all forbid men from the Communion although this Prohibition be not mortal but medicinal unless men confess of their own accord and be convicted by judgement From hence it is such a man is to be named as the Apostle says who confesses or is convinced by ordinary judgement but if by judgement it cannot be taken away let it rather be tolerated lest some man in perversly avoyding ill men departing from the Church should go before them to Hell The Communion does not defile any man by partaking the Sacraments but the confession of their deeds other mens sins hurt not him who lives well in the Church Of habit and clothing we read nothing commanded by God what things are for pomp are forbidden And if you shall ask Canst thou not have an humble heart in a proud dressing as Hester God not onely in his anger but also pitty overthrows sinners And they are overthrown two ways either as the Sodomites where the men were punished for their sins or as the Ninivites where the very sins of the men were punished and destroyed and all men are alike to beloved but you cannot alike profit with all these are rather to be advised with who for the opportunity of time and places and of other things are more strictly joyned together To thee either is guilty both he which hides the truth and he which tels a lie because this will not profit and that desires to hurt arrogance is not so to be shunned that truth should be left He that at any time shall accuse a Priest before friendly admonition to his Judges or Secular Judges let him be excommunicated If a Bishop shall have strayed from the faith or secretly admonished of his subjects hath appeared incorrigible then let him be accused at the Archbishops or Apostolical seat for his other actions he ought rather to be tolerated then corrected If any Bishop be accused for certain crimes let him be heard of all the Bishops in his Province not condemned nor judged before he has lawful accusers present and of his Province not aliens and he may not refuse Judges elected by him unless there be an Appeal which thing is lawful for them designed for punishment but no affliction or the keeping the thing detained ought to injure the Appellant or the vitiated Cause ayded by remedy of the Appeal Some men have demanded a year and six moneths to be granted for filling up the Machinations of unskilful men and to prepare their Reasons and confirm Witnesses and seek Counsel some men a year in which time most men agree but less then six moneths cannot be found But if Bishops or Clerks were ejected by force or fear or first dispoyled of their goods let all their goods be legally restored to them and have so much time as appeared they were disseised before that they be Canonically called in to Judgement Gregory in the Decrees A Presbyter or Deacon or any Clerk accused by the people if the Witnesses who should prove the truth were not certain of the crime committed let an Oath be in the mean and bring him for a witness of the purity of his innocency to whom all things are naked and open Also this thing St. Sixtus the Pope remembers he had done to one Bassus although made guilty by much examination he could sufficiently evade the suspicion and avoid the emulation Jerom upon Jeremy lib. primo not giving this to them who would not or of their own accord had not made choice of making a form An Oath ought to have companions Truth Justice and Judgement if those things be wanting it is not an Oath but perjury For if any one by compulsion be compelled to abjure that thing which for many years he hath quietly held the perjury shall not be by him swearing but by him compelling It makes not a man guilty where the minde is not guilty Let no man circumvent or deceive himself He who by a false stone swears is perjured by whatsoever art of words any one swears God so takes as he to whom men swear does understand But without doubt it is a less evil to swear truly by a false God then to swear falsly by a true God for by how much more that by which men swear is more holy so much more punishale is perjury Who exacts an Oath it is much to the purpose if he knows that to be a false Oath or not knows or knows and gives sentence the Laws are mine as my faith stands I dare not say it is no sin yet it is a humane temptation if he knows him to have done it and compels him to swear it is Homicide Siquis juret falsumte sciente si te non audierit utrum sit procedendus si proditus periculum mortis incurrat difficillima questio est cui plus noceat illi cui juratur an Sacerdoti Mihi videtur quod ille cui magis prodest vel obest veritatem jurare necessitate cogente non est peccatum An Oath is not to be kept when bad it is unadvisedly pronounced The Oath of a son and daughter the father not knowing it and Vowes of a Monk the Abbot not knowing of it and the Oaths of a childe are void Of the Pleas of the Church belonging to the King Cap. 11. There are some Pleas of Christianity in which the King hath part in this manner If the King should suffer that he who in the Church hath committed Homicide let him come to amendment First let him restore to the Bishop and King the price of his Nativity and so he may inlaw himself and then let him dispose five pounds for the peace of the Church and seek to be reconciled to the Church as belongs to it and fully make amends both to Kindred and Donation If any man detains the right Tenth let the Sheriff of the Bishop and King and of
Spiritual Judge for remedy as right shall require The Answer Of the ability of a Parson presented unto a Benefice of the Church the examination belongs to a Spiritual Judge and so it hath been used heretofore and shall be hereafter There shall be a free election of the Dignities of the Church Also if any Dignity be vacant where election is to be made it is moved that the Electors may freely make their election without fear of any Power temporal and that all prayers and oppressions shall in this behalf cease Ans They shal be made free according to the form of Statutes Ordinances A Clerk fleeing into the Church for Felony shall not be compelled to objure Moreover though a Clerk ought not to be judged before a Temporal Judge nor any thing may be done against him that concerneth life or member nevertheless Temporal Judges cause that Clerks fleeing unto the Church and peradventure confessing their offences do abjure the Realm and for the same cause admit their abjurations although hereupon they cannot be their Judges and so power is wrongfully given to Lay-persons to put to death such Clerks if such persons chance to be found within the Realm after their abjuration The Prelates and Clergy desire such remedy to be provided herein that the immunity or priviledge of the Church and Spiritual persons may be saved and unbroken The Answer A Clerk fleeing to the Church for felony to obtain the priviledge of the Church if he affirm himself to be a Clerk he shall not be compelled to abjure the Realm but yielding himself to the Law of the Realm shall enjoy the priviledge of the Church according to the laudable custom of the Realm heretofore used The priviledge of the Church being demanded by the Ordinary shall not be denied to a Clerk that hath confessed Felony Also notwithstanding that a confession made before him that is not lawful Judge thereof is not sufficient whereon Process may be awarded or sentence given yet some temporal Iudges though they have been stantly desired thereunto do not deliver to their Ordinaries according to the premises such Clerks as confess before them their hainous offences as Theft Robbery and Murder but admit their Accusation which commonly they call an Appeal albeit to this respect they be not of their Court nor can be judged or condemned before them upon their own confession without breaking of the Churches priviledges The answer the priviledge of the Church being demanded in due form by the Ordinary shall not be denied unto the Appealer as to a Clerk We desiring to provide for the state of the Church of England and for the tranquillity and quiet of the Prelates and Clergy aforesaid as far forth as we lawfully may do to the honor of God and the emendation of the Church Prelates and Clergy of the same ratifying confirming and approving all and every of the Articles aforesaid with all and every of the Answers made and contained in the same do grant and command them to be kept firmly and observed for ever willing and granting for us and our heirs that the aforesaid Prelates and Clergy and their successors shall use execute and practice for ever the jurisdiction of the Church in the premises after the tenor of the answers aforesaid without quarrel inquieting or vexation of our heirs or any of our Officers whatsoever they be In the Reign of King Edward the second Albeit the Ordinance of Circumspectè agatis made in the 13. of Ed. 1. Candries Case and by the general allowance and usage the Ecclesiastical Court held Plea of Tithes Obventions Oblations Mortuaries Redemptions of Penance laying of violent hands upon a Clerk Defamations c. Yet did not the Clergy think themselves assured nor quiet from Prohibitions Purchased by Subjects until Ed. 2. by his Letters Partents under the Broad Seal in and by consent of Parliament upon Petition of the Clergy had granted unto them to have Jurisdiction in those cases The King in Parliament holden in the ninth year of his Reign after particular answers made to those Petitions concerning the matters abovesaid does grant and give his Royal assent in these words We desiring as much as of right we may to provide for the state of the Cap. 2. Church of England and the tranquility of the Prelates of the said Clergy to the honour of God and the amendment of the state of the said Church and of the Prelates and Clergy ratifying and approving all and singular the said answers which appears in the said Act and all and singular things in the said answers contained we do for us and our heirs grant and command that the same be inviolably kept for ever Willing and granting for us and our heirs that the said Prelates and Clergy and successors for ever do exercise Ecclesiastical Jurisdiction in the premises according to the tenor of the said answer A Satute of the Clergy made Anno 18. Ed. 3. Anno Dom. 1344. Bigamy shall be tryed by the Ordinary and not by Inquest Item If any Clerk be arraigned before our Justices at our Suit or the Suit of the party and the Clerk holdeth him to his Clergy alleadging that he ought not before them thereupon to answer and if any man for us or for the same party will suggest that he hath married two Wives or one Widow that upon the same the Justices shall not have cognizance or power to try the Bigamy by Inquest or in other manner but it shall be sent to the Spiritual Court as hath been done in times past in case of Bastardy and till the Certificate be made by the Ordinary the party in whom the Bigamy is alleadged by the words aforesaid or in other manner shall abide in prison unless he be mainpernable Item If Prelates Clerks beneficed or Religious people which have Cap. 3. purchased Lands and the same have put to Mortmain be impeached upon the same before our Justices and they shew our Charter of Licence and Proces thereupon made by an Inquest of ad quod Damnum or of our Grace or by Fine they shall be freely let in peace without being further Impeached for the same Purchase and in case they cannot sufficiently shew that they have entred by due Proces after Licence to them granted in general or in special that they shall be well received to make a convenient Fine for the same and that the inquiry of this Article shall wholly cease according to the accord comprized in this Parliament Item That the Statues touching the Purveiances of us and our son made in times past by us and our Progenitors for the people of holy 4. Church be holden in all parts And that in the Commissions to be made upon such Purveiances the Fees of holy Church shall be excepted in every place where they be found Item That no Prohibition shall be awarded out of the Chancery but 5. in case where we have the cognizance and of right ought to have
St. 27 H. 8. cap. 15. Spiritual and sixteen Temporal to examine the Laws and Constitutions heretofore made according to the Statute of 25 H. 8. 9. But no Laws or Constitutions shall be made without the Kings assent nor contrary to the Kings Prerogative or the Laws of the Land If any person shall extoll the Authority of the Bishop of Rome he shall 28 H. 8. c. 10. incur the penalty of a Praemunire provided Anno 16 Ric. 2. Every Ecclesiastical and Lay-Officer shall be sworne to renounce the said Bishop and his Authority and to resist it to his power and to repute any Oath taken in maintenance of the said Bishop or his Authority to be void And the refusing of the said Oath to be Treason Makes all Bulls and Dispensations from the Bishop or See of Rome to 28 H. 8. c. 16. any of the Subject of this Realm void The King may nominate such number of Bishops Sees for Bishops 31 H. 8. c. 9. Cathedral Churches and endow them with such possessions as he will 1. If any person by word writing printing ciphering or otherwise do preach teach dispute or hold opinion That in the blessed Sacrament 31 H. 8. c. 14. called the Statute of the Six Articles of the Altar under form of bread and wine after the consecration thereof there is not really the natural body and blood of our Saviour Jesus Christ conceived of the Virgin Mary or that after the said consecration there remains any substance of bread or wine or any other substance but the substance of Christ God and man Or that in the flesh under the form of bread is not the very blood of Christ Or that with the blood under the form of wine is not the very flesh of Christ as well apart as though they were both together Or affirm the said Sacrament to be of other substance then is aforesaid Or deprave the said blessed Sacrament Then he shall be adjudged a Heretick and suffer death by burning and shall forfeit to the King all his lands tenements hereditaments goods and chattels as in case of High Treason 2. Or if any person preach in any Sermon or Collation openly made or teach in any Common School or Congregation or obstinately affirm or defend That the Communion of the blessed Sacrament in both kinds is necessary for the health of mans soul or ought to be administred in both kinds Or that it is necessary to be received by any person other then by Priests being at Mass and consecrating the same 3. Or that any man after the Order of Priesthood received may marry or contract matrimony 4. Or that any man or woman which advisedly hath vowed or professed or should vow or profess chastity or widowhood may marry or contract marriage 5. Or that Private Masses be not lawful or not laudable or should not be used or be not agreeable to the Laws of God 6. Or that Auricular confession is not expedient and necessary to be used in the Church of God He shall be adjudged suffer death and forfeit lands and goods as a Felon If any Priest or other man or woman which advisedly hath vowed chastity or widowhood do actually marry or contract matrimony with another Or any man which is or hath been a Priest do carnally use any woman to whom he is or hath been married or with whom he hath contracted matrimony or openly be conversant or familiar with any such woman both man and woman shall be adjudged Felons Commissions shall be awarded to the Bishop of the Diocese his Chancellor Commissary and others to enquire of the Heresies Felonies and offences aforesaid And also Justices of Peace in their Sessions and every Steward Under-Steward and Deputy of Steward in their Leets or Law-day by the oath of twelve men have authority to enquire of the Heresies Felonies and offences aforesaid See the 7. Chap. of B. Bramhalls Just Vindication of the Church of England where he endeavours to shew that not only the Emperor the King of France nay and the King of Spain have in effect done the same things with Henry the Eighth upon occasion or at least plead for it although for their interests they have not continued the exercise of their Jurisdiction as the Kings of England have done A short view or reflexion upon Henry the Eight and his Reformation How zealous a Defender of the Pope and See of Rome Henry the Eight K. H. 8. a zealous defender of the Pope and Papacy was in the beginning of his Reign is evident by his book written against Martin Luther For not being born Henry the seventh's eldest son his Father being a wondtrful frugal Prince and observing good natural parts in him bred him up in literature and destinated him to the Archbishoprick of Canterbury as being the cheapest and highest preferment he could give him But his elder brother being dead and after him his father The King esteeming it a great honor to imploy himself in so famous a controversie as was then maintained by the Wits of Christendom in defence and opposition of the Church of Rome wrote a book of the Seven Sacraments defending also the Papacy and oppugned the Doctrine of Luther This thing was so grateful to the Pope that Leo 10. honored him with the Title of Defender of the Faith But after he had been married to his brothers wife above twenty years and inflamed with lustful affection to Anne Bullein a Paragon and Minion From what cause the King became estranged from the Pope of the Court he became he said troubled in conscience for having married his brothers wife and therefore desired that the Pope would examine the case and satisfie his scruple of conscience It is a very remarkable thing that this ungodly Dispensation of Julius 2. for H. 8. his marrying with his brothers wife should be the cause of the King and Kingdoms defection from the Papacy under Clement 7. The Pope to satisfie the King gave the Cardinals Wolsey and Campeius a power Legatine to hear and determine the validity or invalidity of the marriage but the Queen refusing to submit to their determination appealed from them to the Pope The Pope had now a Wolf by the ears whom he could neither keep nor well let go For in pronouncing the marriage void he feared to incense Charls the Fifth being Nephew to Queen Katherine and the most potent Prince in Christendom and in confirming it he feared to lose Henry the then most beloved Son of the Church and great Defender of the Papacy not only in writing but also in joining with and assisting the French King Francis the First for freeing him from captivity being a prisoner under Charls The Pope therefore desires the advantage of time and proceeds slowly towards a determination The King as impatient in his desires expects a sentence from the Pope which not being to be had he procures Instruments from the Universities of Cambridge Oxford and Paris together
Queen Mary to be born in lawful Matrimony and all sentences Stat. An. Pri. Cap. 1. sess 2. Mariae of divorce to the contrary repealed particularly the sentence of Thomas Cranmer Archbishop of Canterbury touching the Kings marriage with Queen Katherine and the two Acts of Parliament of the 25 H. 8. 22. 28 H. 8. 7. confirming the same A Repeal of the Statute of 1 Ed. 6. 2. made against such as speak unreverently St. An. Pri. Ma. sess 2. Cap. 2. of the body and blood of Christ and of the Statute of 1 Ed. 6. 2. touching Election of Bishops and the 2 Ed. 6. 1. concerning the uniformity of service and administration of the Sacraments and of 2 Ed. 6. 21. made to take away all positive Laws ordained against the marriage of Priests and of the 3 Ed. 6. 10. made for the abolishing of divers books and Images and of the 3 Ed. 6. 12. made for the ordering of Ecclesiastical Ministers and of the 5 Ed. 6. 1. made for the uniformity of common Prayer and Administration of Sacraments and of the 5 Ed. 6. 3. made for the keeping of Holy days and Fasting days and of the 5 Ed. 6. 12. touching the Marriage of Priests and legitimation of their children All such divine service and administration of Sacraments as were most commonly used in England in the last year of H. 8. shall be used through the Realm after the 20 day of December Anno Dom. 1553. and no other kinde of service nor administration of Sacraments It is Enacted That if any person or persons of their own power and authority after the 20. of December shall willingly and of purpose by open or St. An. 1 Mariae Sess 2. Cap. 3. overt word fact c. maliciously or contemptuously neglect vex or disturb c. any Preacher or Preachers licensed allowed or authorized to Preach by the Queens Highness or by any Archbishop or Bishop of this Realm or by any other lawful Ordinary or by either of the Universities of Oxford or Cambridge or otherwise lawfully authorized by reason of his Cure or Benefice c. in any open Sermon Preaching or Collation in any Church Chappel or Churchyard c. Or if any person shall wilfully disturb c. any Parson Vicar Parish-Priest Curat or other lawful Priest saying or celebrating the Mass or other divine service sacraments or sacramentals as was commonly frequented and used in the last year of H. 8. or afterward should be allowed and set forth or authorized by the Queen Or if any person shall contemptuously unlawfully or maliciously deface spoil abuse or unreverently handle or order the most blessed comfortable and holy sacrament of the body and blood of our Lord and Saviour Jesus Christ commonly called the Sacrament of the Altar being in any Church Chappel or other decent place or the Piece or Canapy wherein the same Sacrament is or shall be or pull down deface spoil or otherwise break any Altar or Altars or any Crucifix or Cross in any Church Chappel or Churchyard That then every such offender his ayders and abettors shall be apprehended c. by the Constable or Churchwarden of the place wherein the said offences shall be committed Which persons so apprehended c with convenient speed shall be brought and carried to any Justice of Peace within the said Shire c. where the said offence shall be committed and the said Justice of Peace upon due accusation shall forthwith commit the said person or persons to safe custody as by the discretion of the said Justice shall be thought meet and within six days next after such accusation the said Justice with other Justices of Peace in the said Shire City c. shall diligently examine the acts and offences aforesaid And if two of the said Justices of Peace shall upon examination finde the person or persons so accused guilty of any of the said offences by two sufficient witnesses or by confession the said Justices of Peace shall commit the person or persons so accused to the Gaol of the County City Burrough c. where the said offences were committed without bail or mainprize by the space of three moneths and further to the next quarter sessions to be holden in the said shire city burrough c. next after the end of the said three months which quarter sessions the party offending upon his repentance and reconciliation shall be discharged out of prison upon sufficient security for his good behaviour for one whole year but if he or they will not repent and be reconciled then to be committed again to the said Gaol there to remain until he or they shall repent and be reconciled for their offences If any person shall receive the offendor or disturbe the arrest he shall forfeit to the Queene her Heires and Successors for every such offence the summe of five pounds If any offendor bee not taken but escape hee shall forfeit to the Queene for every such escape five pounds The Justices of Peace Justices of Assize Justices of Oyer and Terminer all Mayors Bayliffs Justices of Peace within any City Borough or Town-corporate have power and authority to enquire into heare and determine the offences and misdemeanors aforesaid and to set fines and amerciaments therefore This Act doth not take away any authority jurisdiction c. of Ecclesiasticall Lawes then in force This Statute repeales all Statutes made against the Church of Rome particularly Anno 1 2 Phil. Mar. cap. 8. the Statute of 21 H. 8. 13. made against plurality of Benefices taking of Farmes by Spirituall men and non residence The Statute of 23 H. 8. 9. That no person shall be cited out of his Diocess wherein he or she dwelleth except for certain cases Stat. 24 H. 8. 12. That Appeals in such cases as had been proved in the See of Rome should not from henceforth be had nor used but within this Realm Stat. 25 H. 8. 19. entituled The submission of the Clergy to the Kings Majesty Stat. 25 H. 8. 20. concerning restraints of Payments of Primates and First-fruits of Arch-bishopricks Bishopricks to the See of Rome Stat. 25 H. 8. 21. concerning the exoneration of the Kings Subjects from exactions and impositions before that time paid to the See of Rome and for having licences and dispensations within this Realm without suing further for the same Stat. 26 H. 8. 1. concerning the Kings being supreme head of the Church and to have Authority to reform and redresse all errors heresies and abuses in the same Stat. 26 H. 8. 14. for nomination and confirmation of Suffragans within this Realm Stat. 27 H. 8. 15. whereby the King should have power to nominate 32. persons of his Clergy and Lay Fee for making Ecclesiasticall Lawes Stat. 28 H. 8. 10. Extinguishing the Authority of the Bishop of Rome Stat. 28. H. 8. 16. For release of such as then had obtained pretenced licences and dispensations from the See of Rome Stat.
her Majesty or by order of six or more of the Privy-Councell or by such sicknesse and infirmity of body that they shall not be able to travell without imminent danger of their life and in such cases of absence out of the Realm restraint or stay then within two daies next after they shall returne into the Realm and bee enlarged of such imprisonment or shall be able to travell repair to their usuall place of abode and shall not at any time after remove above five miles from thence Every person born in any of the Queens Dominions or Denizen which had or should have any certain place of abode within this Realm which being a Popish Recusant and thereof lawfully convict for not repairing to some Church or usuall place of Divine Service and being within the Realm at the time they shall be convicted shall within fourty dayes after such conviction if they be not restrained by imprisonment or otherwise as aforesaid and in such cases of restraint then within twenty dayes after they shall be enlarged or be able to travell repair to the place of their usuall dwelling and not at any time after remove above five miles from thence upon pain of forfeiture of all his Goods and Chattels and all his Rents Lands Tenements and Hereditaments to the Queen during the life of the offendor Every Person above sixteene yeeres of age borne in any of the Queenes Dominions who hath no certain place of abode within the Relme and being a popish Recusant and not usually repairing to some Church or usuall place of Common-prayer but forbearing the same contrary to the Lawes established shall within 40 daies after the Session of Parliament if they be within the Realm and not imprisoned or stayed as aforesaid and in such case of absence out of the Realm imprisonment or stay then within twenty dayes after returne into the Realm and be enlarged or able to travell repaire to the place of byrth or where the Father or Mother of such person shall then bee dwelling and shall not remove above five miles from thence upon paine of forfeiting all his goods and chattels and all his Lands Tenements Hereditaments Rents and Annuities to the Queene during the life of the Offendor Every offendor aforesaid that hath Lands or Tenements by copy of Court-Roll c. shall forfeit all such copy-hold estates during the life of the offendor if his estate so long continue to the Lord of whom they are immediatly holden if the Lord be not a popish Recusant nor convicted for not coming to Divine Service nor seized upon trust for such Recusant and in such Case the forfeiture to bee to the Queenes Majesty All such Persons as by this Act are to make their repaire to their place of dwelling or to the place of their byrth or where their Father and Mother shall be dwelling and not to passe above five miles from thence shall within twenty dayes after their comming to any of the said places notifie their coming thither and present themselves and deliver their true names in writing to the Minister and Curat of the Parish and to the Constable Headborough or Tything-man of the Town and thereupon the Minister or Curate shall presently enter the same into a booke to be kept in every parish for that purpose and afterward the said Minister or Curate and the said Constable Headborough or Tything-man shall certifie the same in writing to the Justices of Peace of the same County at the next quarter Sessions and the said Justices shall enter or cause the same to be entred by the Clerke of the Peace in the Rolls of the same Sessions Every popish Recusant not being a Feme covert and not having a state of inheritance of free-hold to the cleere yeerely value of twenty marks or in goods and chattels to the value of forty pounds that shall not within the limited time repaire to the usuall place of his abode or to the place of his birth or the dwelling of his Father or Mother and thereupon notifie their coming and present themselves and deliver their true names in writing to the Minister or Curate of the Parish and to the Constable Head-borough or Tything-man of the Towne within such time and in such manner as aforesaid or shall after remove five miles from thence and shall not within three moneths next after such person shall be apprehended conform himself to resort usually to divine Service and in making such publique confession and submission as hereafter is expressed being thereunto required by the Bishop of the Diocesse or any Justice of Peace in the County where the same person shall chance to be or by the Minister or Curate of the Parish That in every such case every such offendor being thereunto warned by any two Justices of Peace or Coroner of the County where such offendor shall be shall upon his corporall Oath before any two Justices of Peace or Coroner or the same County abjure this Realme and all Dominions of the Queenes for ever and thereupon shall depart the Realm in such time as shall be assigned by the said Justices or Coroner unlesse hindred by such reasonable means as by the Common Law is allowed in cases of abjuration of felony and in such cases within such reasonable time after as the Common Law requireth in case of abjuration of felony Every Justice of Peace and Coroner before whom any such abjuration shall happen to be made shall presently cause the same to bee entred of Record before them and shall certifie the same to the Justices of Assize or next Goale delivery of the said County If any such offender which is to be abjured shall refuse to make abjuration or after abjuration shall refuse to goe to such Haven within the time appointed and depart the Realme or after shall returne without licence from the Queen that then in every such case the person offending shall suffer as a Felon without benefit of the Clergy Every person suspected to be a Jesuite or Seminarie-Priest who being examined by lawfull authority and refuses to answere directly whether he be a Jesuite or not shall be committed to prison without baile or mainprize untill he answere directly Every person confined as aforesaid to the compasse of five miles that hath necessary occasion of businesse upon license from two Justices of the Peace in the same County under their hands with the assent of the Bishop of the Diocesse in writing or of the Lieutenant or of any deputy Lieutenant of the same County may travell about his necessary businesse for such time only as is contained in the License No person so restrained as aforesaid which shall be urged by Process without fraud or covin and be bound to make appearance in any of her Majesties Courts or shall be sent to by three or more of her Majesties Councell or by foure or more Commissioners appointed by her Majesty to make appearance before her Councell or Commissioners in every such case
forty pounds and for every yeere after the summe of sixtie pounds untill hee or shee shall receive the Sacrament as aforesaid and if he or she who hath received the Sacrament as aforesaid shall after offend in not receiving the Sacrament as aforesaid by the space of one whole yeere that then he shall forfeit for every such offence the summe of sixty pounds the one moity to the King the other to him who will sue for the same in any of the Courts of Record in Westminster or before any Justices of Assize or before Justices of Peace at their generall Quarter-Sessions by Action of Debt Bill Plaint or Information wherein no Essoyne Protection or Wager of Law shall be allowed The Churchwardens and Constables of every Towne Parish or Chappel for the time being or some one of them or if there be none then the chief Constables of the Hundred where such Town Parish or Chappell is or one of them as well in places exempt as not exempt shall once every yeere present the monthly absence from Church of all popish Recusants within such Townes and parishes and shall present the names of every of the children of the said Recusants being above the age of nine yeeres and as neere as they can the age of the said children as also the names of the Servants of the said Recusants at the next generall or quarter-Sessions of that shire limit division or liberty All such Presentments shall bee Recorded in the said Sessions by the Clerke of the Peace or Towne-clarke for the time being without any Fee and for default of every such Presentment the said Churchwardens Constables or High-constables shall forfeit twenty shillings and for default of recording such presentment without a Fee the Clerke of the Peace or Town-clerke shall forfeit 40. s. Every Presenement made by any Churchwarden constable or High-constable as aforesaid whereby any Recusant shall happen to be convicted shall be rewarded by having 40. s. to be levyed out of such Recusants goods and estate in such manner as by the more part of the Justices shall be ordered by warrant under their hands and seales The Justices of Assiize and Justices of Quarter-sessions have power to heare and determine of all Recusants as well for not receiving the Sacrament as for not coming to Church and have also power to make Proclamation that the body of every such offendor shall be rendred to the Sheriff of the county or the Baylif or keeper of the Goale of the liberty before the next Assizes Generall or Quarter-sessions and if then the offendor shall not make his appearance upon Record that every such default shall be deemed as a sufficient conviction by verdict of 12 men This Statute recites the penalties imposed by the 29 Eliz. 6. upon a Recusant convict and that every conviction shall be certified into the Exchequer as is in the statute of 23 El. 1. concerning Recusants monethly forfeitures yet by this statute the King may refuse the 20 l. a moneth and take the 2 parts of the Recusants lands yet the King shall not take into his two parts the Mansion house nor shall demise nor lease over the 2 third parts or any part thereof to any Recusant nor to the use of any Recusant and whosoever shall take any lease of the King of such lands shall give such security as the Court of Exchequer shall allow not to suffer any waste to be committed upon the Premisses For the better tryall how the Kings subjects stand affected in point of loyalty and due Obedience it is Enacted That after the end of the session of Parliament any Bishop of the Diocesse or any two Justices of peace whereof one of the Quorum within the jurisdiction of their sessions may require any person of the age of 18 yeeres or above being or which shall bee convict or indicted for any Recusancy except noblemen and noble women for not repairing to Divine service according to law or have not received the Sacrament twice within the yeere next past or any person passing through the County or Liberty and unknowne except as is before excepted that being examined by them upon oath shall confesse or not deny himself to be a Recusant or shall confesse or not deny that he hath not taken the Sacrament twice within the yeere to take this Oath hereafter upon the holy Evangelists which said Bishop or two Justices shall certifie in writing subscribed with his or their hands at the next generall or Quarter-sessions the Christian name Sirname and place of abode of every person which shall take the said Oath which Certificate shall be there Recorded and kept among Records of the said sessions If any person other then noblemen and noble women shall refuse to answere upon Oath to such Bishop or Justices of Peace or take the said Oath duely tendred then the said Bishops or Justices of Peace shall commit the same person to the common Goale without Baile or Mainprize untill the next Assizes or quarter Sessions where the said Oath shall be againe tendred unto them by the Justices of Affize or Justices of Peace or the greater part of them and if such person shall then refuse to take the Oath he shall incur the penalty of a praemunire except women Covert who upon refusall shall only be committed to the common Goale there to remain without bail or mainprize untill they take the said Oath The Tenour of the Oath I A. B Doe truly and sincerely acknowledg professe testify and declare in my Conscience before God and the World that our Soveraign Lord King James is lawfull and rightfull King of this Realm and of all other his Majesties Dominions and Countries and that the Pope neither of himselfe nor by any Authority of the Church or See of Rome or by any other meanes with any other hath any power or authority to depose the King or to dispose of any of his Majesties Kingdomes or Dominions or to authorize any forreigne Prince to invade or annoy him or his Countries or to discharge any of his subjects of their Allegiance and Obedience to his Majesty or to give licence or leave to any of them to beare Arms or raise tumults or to offer any violence or hurt to his Majesties Royall Person State or Government or to any of his Majesties Subjects within his Majesties Dominions Also I sweare from my heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any authority derived or pretended to be derived from him or his See against the said King his Heires and Suceessors or any absolution of the said Subjects from their obedience I will beare faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their Persons their Crowne and Dignity
by reason or colour of any such Declaration or Sentence or otherwise and will doe my endeavor to disclose and make known unto his Majesty his Heirs and Successors all Treasons and Traitrous Conspiracies which I shall know or heare of to be against him or any of them I doe farther sweare That I doe from my heart abhorre detest and abjure as impious and Hereticall this damnable Doctrine and Position That Princes which be excommunicated or deprived by the Pope may be deposed or murdered by their Subjects or any other whatsoever And I doe beleeve and in my Conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part therof which I acknowledg by good and full authority to be lawfully ministred unto me and doe renounce all Pardons and Dispensations to the contrary And all these things I doe plainly and sincerely acknowledg and sweare according to these expresse words by mee spoken and according to the plaine and common sense and understanding of the same Words without any Equivocation or mentall Evasion or secret reservation whatsoever And I doe make this Recognition and acknowledgment heartily willingly and truly upon the Faith of a Christan So helpe me God Unto which Oath so taken the said Person shall subscribe his or her name or marke No Indictment to be had or found for not repairing to Church or for not receiving the Sacrament according to Law nor any Proclamation Outlawry or other proceeding thereupon shall be avoyded discharged reversed for default of forme other then by direct Travers to the point of not coming to Church or not receiving the said Sacrament If any Person so Indicted afterward submit and conform himselfe and become obedient to the Lawes of the Church of England and heare Divine Service according to the Statute in that case made and publiquely receive the Sacrament according to the Lawes of this Realm that then every such person may reverse and discharge the said Indictment Every subject of this Realme that shall passe out of this Realme and voluntarily serve any forreign Prince State or Potentate not having taken this Oath as aforesaid shall be a felon If any Gentleman or person of higher degree or any person or persons which hath born or shall bear any office of Captain Lieutenant or any other Office in Camp Army or Company of Souldiers shall after voluntarily serve any foreign Prince State or Potentate before he shall become bound by obligation with two such sureties as shall be allowed by the Officers which by this Act are limited to take such bond unto the King in the summe of 20 l. at least with condition to the effect following shall be a Felon The Tenor of the Condition followeth viz. That if the within bounden c. shall not at any time then after be reconciled to the Pope or Sea of Rome nor shall enter into or consent unto any practice plot or conspiracy whatsoever against the Kings Majestie his Heirs and Successors or any of his or their Estate or Estates Realms or Dominions but shall within convenient time after knowledge thereof had reveal disclose to the Kings Majesty his Heirs and Successors or some of the Lords of his or their honorable Privie Councell all such practices plots and conspiracies That then this obligation to be void The Customer and Controller of every Port Haven or Creek or one of them and their Deputies and none other may receive such Bond to the uses aforesaid and minister the Oath aforesaid taking for such bond six pence and no more and for such oath nothing which said Customer and Controller shall Register and certifie such Bond and Oath so taken into the Exchequer at Westminster once every year upon penalty of 5 l. for every Bond not so certified and 20 s. for every Oath not so certified If any person put in practice to absolve or perswade any of the Kings Subjects from their naturall obedience to his Majesty either within or without the Dominions or upon the Sea c. or to reconcile them to the Pope or Sea of Rome or any other Prince State or Potentate that then every such person their Aiders Counsellors and Abettors shall be adjudged Traitors and every person which shall willingly be absolved or reconciled as aforesaid shall be adjudged a Traitor The last branch shall not extend to any person which shall be only reconciled to the Pope or See of Rome and shall return into this Realm and within six dayes after before the Bishop of the Diocess or two Justices of Peace joyntly or severally submit himself to his Majesties Lawes and take the Oath of Supremacy made in the first year of the Queen * and also the Cap. 1. Oath mentioned in this Statute Where Oathes are so taken the Bishop and Justices shall at the next Generall or Quarter-sessions certifie upon the penalty of fourty pound All persons who offend against this branch of the Statute shall be indicted and tried by the Justices of Assize and Goal-delivery of that County for the time being or before the Justices of the Kings Bench and there be proceeded against according to the Laws against Traitors as if the offence had been committed in the same County If any Peer of the Realm shall happen to be indicted of any offence made Treason by this Act he shall be tried by his Peers If any person shall not resort weekly to some usuall place of Divine Service any Justice of Peace in the Limit Division or Liberty where such person shall dwell may give a Warrant to the Churchwarden of the Parish upon proof or confession made before him to levy twelve pence for every such default by distresse and sale of the Goods of the offendor and for default of such distress the said Justice may commit the offendor to prison untill payment be made No man shall be impeached upon this clause except it be within one moneth after such default made No man being punished according to this branch shall for the same offence be punished by forfeiture of twelve pence upon the Law made in the first year of Queen Eliz. This Statute repeals the two branches of 35 Eliz. 1. the first beginning and for that every person having house or family is in bounden duty to have speciall regard of the Goal governance and ordering of the same and so forth to the next clause beginning thus provided neverthelesse that this Act shall not in any wise extend to punish or impeach any persons for relieving c. ending with these words any thing in this Act contained to the contrary notwithstanding In lieu whereof every person which shall willingly maintain relieve or keep in his house any servant sojourner or stranger which shall not repair to some usuall place of Divine service according to Law by the space of one moneth not having a reasonable excuse shall forfeit ten shillings for every such moneth Every person which
seized into the Kings hands for his Recusancy or any part thereof Every covicted Popish Recusant not married in some open Church or Chappel or otherwise then according to the Church of England by a Minister lawfully authorized shall be disabled to have any estate of Freehold by Curtesie of England And every woman being a popish Recusant convict which shall be married in other form then as aforesaid shall be disabled not only to claim any Dower or Joynture but also the Widowes Estate and Frankbanck in any customary Lands whereof her Husband died seized and likewise from having part of her husbands goods by virtue of any custome of any County City or Place And if a man be married contrary to the true intent of this Statute to a woman who hath no Lands or Tenements whereby he may become Tenant by Curtesie he shall forfeit 100 l. to be paid as aforesaid Every Popish Recusant which shall have a child born and shall not within a moneth after cause it to be baptized by a lawfull Minister according to the Lawes of the Realm in some usuall place of Baptisme or if by infirmity the child cannot be brought to such place then to be baptized by some Minister within the moneth if he beliving by the space of a moneth or if he be dead then Mother of such Child shall for every such offence forfeit one hundred pound one third part to the King the other to the Informer who will sue for it the other third part to the poor of the said Parish to be recovered in any of the Kings Courts wherein no Essoine c. shall be allowed If any Popish Recusant not being excommunicated shall be buried in any place other then the Church or Church-yard or not according to the Ecclesiasticall Lawes of the Realm That the Executors or Administrators of every such person so buried knowing the same or the party that so burieth him shall forfeit twenty pounds to be paid as aforesaid If the children of any of the Subjects within this Realm the said children not being Souldiers Mariners Merchants or their Apprentices or Factors shall be sent or goe beyond seas without licence of the King or six of the Privy Councell whereof the principall Secretary to be one under their hands and seals that very such child shall take no benefit by any gift conveyance descent devise or otherwise untill he being above the age of eighteen years take the oath mentioned in an Act made that Session intituled An Act for the better discovery and repressing Popish Recusants c. before some Justice of Peace of the County where such Parents of such Children as shall be sent did or shall inhabit In the mean time the next of kin who is no popish Recusant shall enjoy all the said Lands c. untill the person so sent shal conforme himself and take the said oath receive the Sacrament of the Lords Supper and then he who hath received any profit as aforesaid shall restore the goods or value to him who shall so conform himself He that shall so send his child beyond seas shall forfeit one hundred pounds to be recovered as aforesaid No convict popish Recusant shall present to a Benefice with Cure Prebend or grant an Advowson or collate or nominate to any Free-school or Donative whatsoever The Chancellor and Scholars of the University of Oxford when any such become void shall have the nomination presentation collation and Donation of any such Benefice Prebend or Ecclesiasticall Living School Hospitall and Donative in the Counties of Oxford Kent Middlesex Sussex Surrey Hampshire Barkshire Buckinghamshire Gloucestershire Worcestershire Staffordshire Warwickshire Wiltshire Somersetshire Devonshire Cornwall Dorcetshire Herefordshire Northamptonshire Pembrokeshire Carmarthenshire Brecknock-shire Monmothshire Cardiganshire Montgomeryshire and the City of London so long as the Patron shall remain a Recusant convict The Chancellor Scholars of the University of Cambridge shall have presentation c. to all such Benefices aforesaid being in the Counties of Essex Hertfordshire Bedfordshire Cambridgshire Huntingtonshire Suffolk Northfolk Lincolnshire Rutlandshire Leicestershire Derbishire Notinghamshire Shropshire Cheshire Lancashire Yorkshire the County of Durham Northumberland Cumberland Westmorland Radnorshire Denbyshire Flintshire Carnarvonshire Angleseyshire Merionethshire Glamorganshire so long as the Patron shall continue a Recusant convict If the Chancellor and Shollars of either University shall nominate or present Quaere who shal have the next presentation nomination to any such Benefice c. any person who hath any other Benefice with cure of souls every such nomination and presentation shall be void A convicted Recusant shall neither be Executor or Administrator nor Gaurdian in Chivalry or Socage The next of kin of the children of Recusants convict to whom the Estate cannot descend who shall usually resort to Divine Service according to the Lawes and receive the Sacrament shall have the Guard and education of the children and of the Lands and Tenements holden in Knights-service untill the full age of 21 years and of the Lands in Socage as Guardian in Socage and of Customary Lands by copy of Court Roll so long as the custome shall permit the same and in every of the said places shall yeeld an account of the profits to the Ward All Grants of Wards either of the King or any other to any Popish Recusant shall be void No person shall bring from beyond Sea print sell or buy any Popish Primers Ladies Psalters Manuels Rosaries popish Catechisms Missals Breviaries Portals Legends and lives of Saints containing superstitious matter upon penalty of fourty shillings to be forfeited as aforesaid viz. one third part to the King an other to the Informer who will sue the other to the poor of the Parish where such book shall be found Justices of peace in their Limits Mayors Bayliffs chief Officers in Corporations may search the hous of every popish Recusant convict the hous and lodging of every person whose wife is a popish Recusant convict for popish books and Relicks of Popery And if any Altar Pix Beads Pictures or such like popish Reliques or any popish books shall be found as in the opinion of such Officers shall be thought unmeet for such Recusants they shall presently be defaced and burnt if meet to be burnt All Armour Gunpowder and Munition whatsoever any popish Recusant convict hath or shall have in his own house or in the hands of others shall be taken from them by warrant of four Justices of peace at their Generall or Quarter-sessions other then such necessary weapons as the four Justices shall think meet for defence of the said Recusants in defence of their houses and the said Armour and Munition so taken shall be kept at the costs of the said Recusants in such places as the four Justices shall appoint If any such Recusant which hath such armour c. or any person who hath any such armour c. for the use of such Recusant shall refuse to declare unto the