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A19622 The mansion of magnanimitie Wherein is shewed the most high and honorable acts of sundrie English kings, princes, dukes, earles, lords, knights and gentlemen, from time to time performed in defence of their princes and countrie: set forth as an encouragement to all faithfull subiects, by their example resolutely to addresse them selues against all forreine enemies. Published by Richard Crompton an apprentice of the common law. 1599. Whereunto is also adioyned a collection of diuerse lawes ... with a briefe table, shewing what munition ought to be kept by all sorts of her Maiesties subiects ... Crompton, Richard, fl. 1573-1599. 1599 (1599) STC 6054; ESTC S105166 85,768 121

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Prince the preseruation of her person the safety of your countrey nor the safegard of your owne liues if the forfeiture of your lands and goods if the vtter vndoing of your wiues and children the corruption of your bloud the terror of your execution the shame and ignominy of the world to be left to your posterity the sorrow of your parents the griefe of your friends and reioyring of your enemies to see you come to this miserable and lamentable ende will not moue you to desist from this your outragious dealing and to submit your selues as is aforesayd yet at least remember your soules health and the saying of Saint Paule which I put you in mind of in the beginning that such as rebell against their Prince shall procure to themselues damnation whereof if you will haue no regard then of all people you are the most miserable and it had beene better you had neuer beene borne then to be condemned to hell fire where there is no redemption and where you shall be tormented world without ende with Lucifer the first rebell against God and father of all rebels and with his angels where is weeping wayling and gnashing of teeth and perpetuall horror amongst the damned spirits for euermore from which Almighty God for his mercy deliuer vs. ¶ A repetition of certaine Statutes whereby it is high treason as well for any man to withdraw her Maiesties subiects from their loyaltie as also to be so withdrawne CHAP. 9. IT is not vnknowne vnto you how that the Bishop of Rome by certaine Iesuits practised as you haue heard by the sayd proclamation to deale with her Maiesties subiects to renounce their obedience vnto her highnesse which no man can do No man can renounce his naturall allegeance because it is due to her Maiestie by the law of God and by the law of nature of all which are borne vnder her obeissance and that which nature hath giuen no man can take away as the saying is Quod natura dedit nemo est qui tollere possit And in proofe thereof Dyer 300. I find that Doctor Story an Englishman borne fled into Brabant and there tooke his oath of allegiance to be subiect to Philip king of Spaine and after being brought into England he was arraigned for practising beyond the sea with the king of Spaine his deputy there in forcible and warlike manner to inuade this Realme of England Doctor Stories arraignment and in this practising did shew how and where the best place was to make this inuasion And if he would so doe there should be diuerse ready to ayde him he confessed that he was an Englishman borne at Salisbury but sayd he was the sayd king of Spaine his subiect and therefore refused to answere to that inditement saying also that he was no subiect to the Quéenes Maiestie that he had bin subiect to the king of Spaine this seuen yeares and thereupon prayed that his plée might be entred because he would giue no other answer he had iudgement as a traitor Stories execution 13. Elizabeth that is to be hanged drawne and quartered so he was executed in the thirtéenth yere of her Maiesties raigne Therfore this deuise of the Pope and his practise to withdraw her Maiesties subiects from their loyalty is but as it were a trap layd to bring such to destruction as shall be so withdrawne and it is treason by a Statute made in the three and twentieth yeare of her Maiesties raigne as well in the practiser to withdraw as in the person which is withdrawne as by that statute appeareth the words whereof be these Be it declared and enacted by the authority of this present Parliament 23. El. cap. 1. Treason to withdraw any from their naturall obedience that all persons whatsoeuer which haue or shall haue or pretēd to haue power or shal by any waies or meanes put in practise to absolue perswade or withdraw any of the Queenes Maiesties subiects or any within her highnesse Realmes dominiōs from their naturall obedience to her Maiestie or to withdrawe them for that intent from the religion now by her Highnesse authority established within her highnesse dominiōs to the Romish religion or to moue them or any of them to promise any obedience to any pretended authority of the Sea of Rome or of any other Prince State or Potentate to be had and vsed within her dominions or shall do any ouert act to that intent or purpose euery of them shal be to all intents adiudged traitours and being thereof lawfully conuicted shall haue iudgement suffer and forfeit as in case of high treason And if any person shall after the end of that Session of Parliament by any meanes be willingly absolued or withdrawne as afore is sayd or willingly be reconciled or shall promise any obedience to any such pretended authority Prince State or Potentate as is afore sayd that then euery such person their procurers counsellers therunto being therof lawfully conuicted shall be taken tried and iudged and shall suffer and forfeit as in cases of high treason And be it likewise enacted and declared that all and euery person and persons that shall willingly be ayders or maintainers of such persons so offending as is aboue expressed or of any of them knowing the same or which shall conceale any offence aforesayd and shall not within twenty dayes at the furdest after such persons knowledge of such offēce disclose the same to some Iustice of peace or other higher officer he shall be taken tried and iudged and shall suffer and forfeit as offenders in misprison of treason And because by the sayd proclamation published in the sayd thrée and thirtith yeare it appeareth that the Pope hath authorised Iesuits and Seminaries named in the sayd proclamation by colour of Buls to absolue the persons mentioned in the Statute last before remembred I haue thought it also conuenient to set downe in this place the Statut● made in the thirtéenth yeare of the Quéenes Maiesties raigne concerning the bringing in of Buls into this Realme which is as followeth Be it enacted 13. El. cap. 1. Buls that if any person or persons after the first day of Iuly next cōming shall vse or put in vre in any place within this Realme or within any the Queenes dominions any Bull writing instrument written or printed of absolution or reconciliation obtayned and gotten from the sayd Bishop of Rome or any of his successors or from any other person or persons authorised or claiming authority by or from the sayd Bishop of Rome his predecessors or successors or Sea of Rome or if any person or persons after the sayd first day of Iuly shall take vppon him or them by colour of any such Bull writing instrument or authority to absolue or reconcile any person or persons or to graunt or promise to any persō or persons within this Realme or any other the Queenes Maiesties dominions any such absolution or
to endure during the Queenes Maiesties life that now is And it is felony in any that hath the charge of armour vtctuals powder shot munition or other abiliments of war or victuals prouided for victualling of any souldiers gunners or mariners or pyoners of the Queenes Maiestie that shall to hinder her Maiesties seruice willingly imbezell or conuey away the same being to the value of xx shillings at one or diuerse times if he be within one yeare next after impeachedsor the same 31. Eliz. Chap. And for that her Maiestie must haue souldiers to serue her in warre 31. Eliz. Souldiers it is conuenient to set downe their duties Also it is felony by a Statute made 18. Henry the sixt in euery man that is mustered and receiueth the kings wages 18. Henry the sixt which departeth from his Captaine without licence of his Captaine except it be for notorious sicknesse or impediment by the visitation of God and if any souldier man at armes or archer mustered of record and going with his Captaine beyond the sea shall returne into England within the tearme for which his Captaine hath retayned him or leaue his Captaine there in the kings seruice and aduenture of the warre except hee hath reasonable cause shewed to his Captaine and by him to the chiefe in the countrey hauing royall power and thereuppon shall haue licence of his Captaine Licence vnder his seale and the cause of his licence and who that so is mustered of record and commeth away without letters testimoniall of his Captaine as is sayd within his tearme on this side the sea that the kings ministers there shall haue authority to arrest thē and them there keepe vntill it be inquired and if it may be found before the Iustice of peace and proued that they haue so mustered of record departed from their Captaine without licence as aforesayd Felony Souldiers by sea 13. Eliz. that then they shall be punished as felons as by that Statute plainly appeareth and the sayd Statute is made to extend to souldiers and gunners which serue on the sea as appeareth by thirteenth Eliz. If any person that shal be cōmanded to come to the muster Musters 4 5. P. and M 3. doe willingly absent himselfe hauing no excuse of sickenesse or other lawfull impediment or at their apparance at such musters doe not bring with them the best furniture of array and Armour Armour as he or they shall then haue for his or their owne person in a readinesse Imprisonment shall for euery such default or offence haue imprisonment by the space of ten daies without bayle or mainprise by the cōmandement of such as shall haue authoritie to take the same musters vnlesse the offenders do agree with the said Commissioners or two of them to pay to the vse of the Queenes Maiestie for euery such offence fortie shillings for a fine 40. shillings And by the same acte it is further enacted that if any being authorised to leauy Mustermaistter muster or make anie men to serue in warre or otherwise for the defence of this Realme Take monie doe by any meanes take or cause to be taken any thing of any person that shal be appointed named or mustered to serue in any such seruice Release soldier to release or discharge him of such seruice he shall for such offence forfeit fiue times so much as he shall so receiue exacte or take There was a notable necessary exāple made of one L. a Captaine one E. a Scriuener which L. by writing indēted receiued of the Shiriffe of W. by order from her Maiesties Counsell certaine soldiers to be by the said L. conducted to serue her Maiestie in the I le of Wight the said L. by confederacie with the said E. discharged diuerse of the said souldiers for money and deuised betwixt them another writing by colour wherof the said L. caused certaine Constables to bring afore the said L. certaine other to supplie the roome of the other before discharged which was done accordingly for which bad practise prouided euidently the said L. and E. were fined seuerally at 500 markes and adiudged also to stand on the pillorie at Westminster and likewise at the Assises in the said County of W. By this practice the Queens Maiesty was disappointed of the souldiers which by her authoritie were prest and so bound to serue whose departure frōher seruice without lawful licence had bin fellony by the law where the other were not boūd to serue 4 5. P Ma. ca. 3. neither had their departure without any licence bene felonie because they were prest without her Highnesse authoritie If anie Captaine Discharge souldier Wages Conduct money pety Captaine or other hauing chaxge of men for seruice in warre shall for gaine take discharge or licence any of his souldiers or man appointed to serue in the warres vnder his rule or order to depart from the said seruice or shall not pay vnto his souldiers their full and whole wages conducte and coate money within ten daies next after he shall haue receiued the same Ten times the value he shall forfeit for euery such offence ten times the value of the thing so taken or receiued and shall also pay to euery souldier from whome he shall so withhold any of the said wages conduct or coate money Treble sūme Holinsh 998. treble so withhoulden Holinsh 998. speaketh of a knight executed as a traitor for not paying souldiers their wages 51. E. 3. which he receiued of the king to pay them withall Anno 51. Edward 3. And touching the true seruice of Captains and souldiers Captaines Souldiers 2. 3. Ed. 6. ca. 2. it is farther ordained by a statute made in the second and third yere of Edward the sixt that if any souldier seruing the king in his warres do giue or put away any horse gelding or mare or any harnesse wherewith he shal be set forth Souldier put away horse or armour that then euery such souldier so offending vpon due proofe or testimonie to be brought afore the Lieutenant high Admirall the kings deputie Uiceadmirall or Captaine and in their absence before any of their deputies shal be imprisoned by the same Lieutenant or any other before named without baile or mainprise vntill he hath satisfied to the partie owner of the horse gelding mare or harnesse so by him sold purloined exchanged or so wilfully lost altered or otherwise made away and if such souldiers so offending fortune to escape from the Lieutenant and other the aforesaid persons without punishment and restitution aforesaid that then the same souldier vpon complaint made by the partie grieued or his executors or administrators vpon due proofe thereof to be made by any Iustice or Iustices of Peace in the parts where such souldiers so offending shal be found shall by such Iastice be cōmitted to ward without baile or mainprise there to remaine vntill
be published in his or their custody contayning such matters as aboue are mentioned against the present order and gouernement of the Church of England or the lawfull ministers thereof or against the rites and ceremonies vsed in the Church and allowed by the lawes of this Realme that they and euery of them should presently after with conuenient speede bring in and deliuer vp the same vnto the Ordinary of the Diocesse or of the place where they inhabite to the intent they might be vtterly defaced by the sayd Ordinary or otherwise vsed by them And that from thenceforth no person or persons whatsoeuer should be so hardy as to write contriue print or cause to be published or distributed or to keepe any of the same or any other bookes libels or writings of the like nature and qualitie contrarie to the true meaning and intent of her Maiesties sayd proclamation and likewise that none after should giue any instruction direction fauour or assistance to the contriuing writing printing publishing or dispersing of the same or such like bookes libels or writings whatsoeuer as they tendered her Maiesties good fauour and would auoyd her Highnesse displeasure and as they would answere for the contrarie at their vttermost perils and vpon such further paines and penalties as by the law any way might be inflicted vppon the offenders in any of these behalfes as persons maintaining such seditious actions which her Maiestie affirmeth by that proclamation she mindeth to haue seuerely executed And if any person had knowledge of the anthors writers printers or disperers thereof that they should within one moneth after the publication of the sayd proclamation discouer the same to the Ordinary of the place where he had such knowledge or to any of her Maiesties priuie Councell as by the same proclamation plainly appeareth After that Martin Marprelate and his fellowes were restrained of setting foorth their seditious bookes they and such like vsed to assemble themselues in conuenticles where they had exercises as they termed them of religion contrary to the law whereupon a Statute was very necessarily made in the fiue and thirteth yeare of her Maiesties raigne to the effect following 35. El. cap. 1. If any aboue sixteene yeares of age shall obstinately refuse to come to some vsuall place of Common prayer to heare diuine Seruice established by the Queenes Maiesties lawes by the space of one moneth without lawfull cause or shall by printing writing or expresse words aduisedly and purposely practise or go about to moue or perswade any within her Maiesties dominions to denie withstand and impugne her Highnesse authority in causes ecclesiasticall vnited to the Crowne or to that end or purpose shall aduisedly and maliciously moue or perswade any whatsoeuer to forbeare or abstaine from comming to Church to heare diuine Seruice and receiue the communion according to her lawes or to come to or be present at any vnlawfull assemblies conuenticles or meetings vnder colour or pretence of any exercise of religion contrary to the Statutes of this Realme as afore is sayd euery person thereof conuicted shall be imprisoned without bayle or maynprise vntill they shall confirme themselues to come to Church and heare diuine Seruice according to her Highnesse lawes and make such open submission and declaration of their conformity as is there set downe If the offender aforesayd being thereof conuicted shall not within three moneths conforme himselfe in comming to Church and making submission and confession being required by the Bishop of the Diocesse or a Iustice of peace of the Shyre where the person shall be or be the Minister of the Parish the offender there so warned or required by a Iustice of peace where the offender shall be shall abiure the Realme by his oath afore the Iustice of peace at the quarter Sessions or Assises as was vsed by the Common law in case of fellony If he refuse to abiure or shall not go or returne without her Maiesties licence it is fellony and he shal loose his cleargie If any offender aforesayd afore they should abiure come to Church on some Sunday or Holy day and then and there heare diuine Seruice and make open submission and declaration of his conformitie to the lawes he should be discharged of all penalties and punishments appointed by this Satute And also if any after such submission refuse or forbeare to come to Church or come to such conuenticles as aforesayd he shall loose the benefit of this Act and be and stand in such case as though no such submission had bene had ne made Likewise if any keepe in his house or otherwise relieue any that shall obstinately refuse to come to Church and shall forbeare to come to Church by a moneth together euery person so doing after notice to him giuen by the Ordinary Iustice of Assise Iustice of peace Curate of the parish or Church-warden shall forfeit ten pounds for euery moneth that he doth retaine or relieue any such person The Satute extendeth not to mens wiues children father mother wards sisters not hauing houses of Popish recusants or feeme couerts shall not be compelled to abiure The persons that shall abiure or refuse to abiure vt suprà shall forfeit their goods and chattels and all his lands during his life This act was made to continue to the end of the next session of Parliament and now is continued in the Parliament holden in the fortieth yeare of her Maiesties Raigne THE FORME OF submission I A. B. do humbly confesse and acknowledge The submission that I haue grieuously offended God in contemning her Maiesties godly and lawfull gouernment and authority by absenting my selfe from Church and from hearing diuine Seruice contrary to the godly Lawes and Statutes of this Realme and in vsing and frequenting disordered and vnlawfull conuenticles and assemblies vnder pretence and colour of exercise of Religion and I am hartily sory for the same and do acknowledge and testifie in my conscience that no other person hath or ought to haue any power or authority ouer her Maiestie and I doe promise and protest without any dissimulation or any colour or meanes of any dispensation that from hencefoorth I will from time to time obey and performe her Maiesties Lawes and Statutes in repayring to the Church and hearing diuine Seruice and will euer hereafter do mine vttermost indeuor to maintaine and defend the same ¶ Of diuerse and sundry victories obtayned in former time by the English nation both by sea and land against their forreyne enemies to the great encouragement of the posterity to maintaine the honor gotten by their progenitors CHAP. 11. ANd now as in the last part of this encouragement The last cause of incouragement what notable victories hath our nation obtayned against the French and Scots aswell in their owne territories and countries as when they haue inuaded this Realme and how most gaciously Almightie God hath alwayes assisted vs in our rightfull causes against our enemies when they haue greatly
he haue satisfied the parties grieued his executors or administrators of or for such horses geldings mares harnesse so by any such souldier wilfully lost changed altered or otherwise wilfully purloyned except the same shal be lost in the kings seruice against the will of the said souldier or were taken by the said Lieutenant or anie of the other afore named from the said souldier for any reasonable respect and appointed to some other to serue in his steede and the same testified sufficiently from any the sayd persons to the sayd Iustice then the sayd souldier not bringing the sayd horse or harnesse to the owner shall be discharged thereof against the owner And by the sayd Statute it is also ordayned that if any souldier seruing in the kings warres Souldier depart depart without licence of the Lieutenant or any of the other aboue named with buttey or otherwise being in the enemies countrey or else where in the kings seruice or out of any garrison where he or they shall be appointed to serue it is felony Felony and shall loose the benefit of his cleargie and sanctuary This Statute was repealed but it is reuiued by 4 and 5 Philip and Mary Cap. 3. And further it is ordayned by the Statute of 2 3 of Edward the sixt cap. 2 3 E. 6. cap. 1. Commissioners for setting forth of souldiers 2 that if any to whom the king shall direct his commandement by commission or letters for the leuying or setting forth of any man to serue the king in his war shall at any time for any gayne discharge any by him appointed to serue the king in his wars and do assigne any other person in his steede for any gaine as is aforesayd Forfeit twenty pounds the persons so effending shall forfeit to the king for euery man so discharged twentie pounds And if any Captaine doe for any cause Licence souldier to depart Lieutenant licence any souldier in his retinue to depart from the field or fortresse where they shall be appointed to serue without the speciall assent and licence of the Lieutenant in writing shall forfeit for euery such souldier so by him licēsed to depart Forfeit twenty pounds twenty pounds If any hauing the order of any number of souldiers seruing vpon the sea or land doe at any time take of the king any wages for any more souldiers then serued in such manner forme as the wages was payed for Take wages for more then serue Dayes or for any more dayes then such souldiers serue and do not note the dayes of euery souldiers entrie into wages and day of his death and departure and deliuer the same to such treasurers as shall pay the sayd wages euery moneth in writing so as the truth of the number of souldiers may appeare to the kings treasurer and maister of the kings musters Forfeit fiue pounds for the time being in that behalfe he shal forfeit to the king for euery such default fiue pounds and be imprisoned by the space of one moneth and loose his roome and office No Captaine shall graunt to any of his souldiers appointed to serue vnder him Captaine in any towne or fortresse kept with garrisons of souldiers any licence or pasports to depart from his seruice Souldier Licence Lieutenant Imprisonment Proclamation but onely the Lieutenant or any other as is aforesayd vppon paine of imprisonment as well of the Captaine as souldier so offending at the discretion of the sayd Lieutenant Euery Lieutenant vppon the paine of ten pounds shall cause to be proclaimed the whole effect and contents of this Act that is to say euery Lieutenant of any army in euery field to proclaime this Act euery moneth and that euery of the kings deputies of any fortresse Euery moneth Captaine of any fortresse to proclaime this Act within his charge once euery quarter in a yeare Euery quarter One moneths wages and euery person giuing to the Lieutenant true information of any the offences aboue remembred shall haue for his labor one moneths wages of him that shall be found faulty to be payd by the hand of the treasurer vpon the warrant of the Lieuteuant or any of the others aforesayd It is lawfull to the sayd Lieutenants and other the sayd persons to retaine in his or their owne hands to their owne vse of the wages of his or their souldiers the summes following that is to say sixe shillings eight pence for the liuery coate of euery common souldier Retain wages Coate and thirteene shillings foure pence for the coate of euery gentleman souldier for one whole yeare No manner of Liuetenant or any other the sayd persons shall be charged or preiudiced by vertue of this Act for lacke of his number retained as is aforesaid for or cōcerning any souldier or souldiers Souldiers die as shal happen to die during his seruice or to be sicke by the visitation of God or that shall depart against the will of the Lieutenant Depart against the will of the Captaine or other before named vnlesse it shal be in default of anie of them This Act shall not be preiudiciall or hurtfull to any hauing vnder them retinue of souldiers for the not payment of the kings wages to their houshold seruants Houshold seruants other whom they shall dayly find giue meat drinke during the sayd seruice of warre nor to charge any person for the Gift of tenants taking or receiuing of any gift or reward of any of his or their tenants or friends towards the reliefe ayde or helpe of the same persons being commaunded by the kings Maiestie for to serue in warres Aid reserued by lease or otherwise to finde men on horsbacke or on foote aswell within this Realme as without Couenant to find horse c. nor for the gift reward ayde or helpe reserued or couenanted to be payd or giuen to any person appointed to serue in the wars or to find horse or men to serue by reason of any grant couenant reseruation custome or tenure not to charge any Lieutenant or other aboue named Wages retained Victuall Armour Prest mony for detayning or receiuing of any part of the sayd souldiers wages towards or for the paymēt of victuals harnesse weapons or for any prest mony prouided and deliuered to any such souldier And by the said statute made 4 and 5 of Philip and Marie ca. 4 5 P. M. cap. 3 3. It is ordained that euerie article clause prouise matter contained in the sayd Act of 2 and 3 of Edward the sixt shal stand remaine and be in their full force strength and effect and yet neuerthelesse where in the said Act of 2 and 3 of Edward the sixt it is prouided that no person or persons shall be charged for the taking or receiuing of any gift or reward of any of his or their tenannts or friends towards the reliefe ayd or