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
Dissolution of Abbies and all were easily passed and assented to in Parliament But whatsoever the King were otherwise yet sure the Popes passion The Pope was more unjust in his censures then the King was in excluding the Papal jurisdiction against him carried them to greater extravagancies and exorbitancies then were on his part against them For suppose that the Pope had de facto the Investitures of Bishops Peter-pence Annates and First-fruits paid them and did exercise a jurisdiction over all the Church and Clergy yet no question all these things were by the grants and permission of precedent Kings and if Kings may grant and permit these things then what hinders but that they may recall them for Cujus est velle ejus est nolle Besides we have already shewed that although there were not that bitter personal spite between the Kings of England and and the Popes formerly as was between Henry 8. and Clement 7. and Paul 3. yet did many of them ascribe as little to the Pope as Henry did But for a Pope to deprive a Christian Prince of his kingdom over whom he had no manner of right his Adherents of whatsoever they possessed to command his Subjects to deny their obedience to their Soveraign and Strangers not to have any commerce in the kingdom and all to take arms against him and his followers granting them their estates and goods for a prey and their persons for slaves is so unlike to the example and precept of S. Peter whom they pretend to succeed who not only suffered death under Temporal power but inspired by God does command so expresly obedience to Kings not as subordinate to himself 1 Pet. 2. 13. but as supreme And of our Saviour himself who both suffered himself under Temporal power and paid tribute to Caesar and took not away but fulfilled the Moral Law which commands obedience to Princes and Higher powers and whose kingdom was not of this world that sure no Turk or Infidel was so much an enemy to Christians or indeed rather to mankind as to have desired it The state of the Church and of the Ecclesiastical Laws made by Edward the sixth THe time of this Kings reign being a Child and therefore woful and of his Father were perillous days The Father in his Laws scarce ever took advice but from his passion lust or avarice the Son although a Prince of infinite hope and goodness yet wanting the authority and reputation requisite in a Soveraign was either not able to restrain or else perswaded it was beneficial to give reins to a company of Sacrilegious Harpies and Courtiers to make a total prey not only upon all Colledges Free-Chappels Chantries and all their Lands except them of the Universities and some few other which by the Statute of 1 Ed. 6. cap. 14. were given to Camb. pref Eliz. Reg. Life of Ed. 6. the King upon specious pretences but the Lands of the Bishops generally became a prey unto them So much worse is it for every thing to be lawful then that any thing should be Law It was enacted That if any man spake irreverently or contemptuously An. 1. Ed. 6. c. 6. of the Sacrament of the Altar he should be imprisoned and fined at the Kings will and pleasure and that Justices of Peace might enquire of offenders Yet should not the person offending be arraigned or tryed unless the Bishop of the Diocese or his Chancellor or Deputy learned were required to be at the Quarter-Sessions to which purpose a new Writ was made Rex c. Episc L. salutem Praecipimus tibi quod tu Cancellarius tuus vel alius deputatus tuus sufficienter eruditus sitis cum Justiciariis nostris ad pacem in com nostro B. conservand assignat apud D. tali die ad sessionem nostram tunc ibidem tenend ad dand consilium advisament eisdem Justitiariis nostris ad pacem super arraiment deliberationem offendet contra Formam statuti concernend sacrosanctum Sacramentum Altaris And by this Satute it was Enacted that the Sacrament should be delivered to the people under both Kindes viz. of Bread and Wine From thenceforth no Conge deslier shall be granted nor any Election An. 1 Ed. 6. Cap. 2. shall be made of any Archbishop or Bishop by the Dean and Chapter but when any Archbishoprick or Bishoprick shall be voided the King by his Letters Patents may confer the same to any person whom he shall think meet c All summons citations and other proces Ecclesiastical shall be made in the name and with the stile of the King as in the Writs of the common Law and the test thereof shall be in the name of the Archbishop or Bishop c. All persons that have the exercise of Ecclesiastical Jurisdiction shall have in their Seals of Office the Kings Arms with certain characters under them for the knowledge of their dioces but the Archbishop of Canterbury shall use his own Seal and his own name in all faculties and dispensations A man speaking against the Kings Headship of the Church shall being An. 1 Ed. 6. Cap. 12. thereof attaint or convict forfeit all his Goods and Chattels to the King and suffer imprisonment during the Kings will and pleasure for the first offence and for the second offence forfeit to the King the whole issues and profits of all his Lands and all his Goods and Chattels and suffer perpetual imprisonment and for the third offence shall be adjudged a Traytor and suffer death and forfeit all his Goods and Chattels Lands and Tenements as in cases of High Treason And it shall be deemed Treason for any by Printing Writing or Deed to affirm the King not to be Head of the Church An Act for uniformity of Service and administration of Sacraments being An. 2 3 Ed. 6 Cap. 1. before divers and different viz. of Sarum of York of Bangor and of Lincoln and divers and sundry forms and fashions were used in Cathedrals and Parish-Churches of England and Wales as well concerning Mattens or Morning Prayer and the Evening Song as also concerning the holy Communion commonly called the Mass with divers and sundry rites and ceremonies concerning the same and in the administration of the Sacraments of the Church The Statute does inflict upon every Parson Vicar or other whatsoever Minister that ought or should say or sing the said Common Prayer mentioned in the said Book Entituled the Book of Common Prayer and Administration of the Sacraments and other rites and ceremonies of the Church after the use of the Church of England and shall refuse it or use any other form or shall Preach Declare or speak any thing in derogation of the said Book or any thing contained therein and be thereof lawfully convict by a Jury of twelve men or by confession shall forfeit to the King for the first offence the profit of all his Spiritual benefices and promotions arising in a whole year and
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-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
to the prejudice and dishonor of it for sure no man can imagine that because a Man is a King that therefore he should divest himself of Nature and neglect to use some means to get an Estate for his Posterity where there is none provided If it be objected that the Crown descends to the Heir not to the posterity if more then one I answer That no Crown but hath many Offices and Dignities appertaining to it which descend to the Heir he probably will not reject his own flesh and blood to advance strangers whereas in an Elective Kingdom it cannot be hoped for 10. The Government in Britain and England untill 1641. was Monarchy The Government of Britain was ever Monarchy Hereditary before 1641. hereditary If you believe Mr. Selden in the First Book cap. 1. of his Analecton Anglo-Britanicon he will tell you upon the Faith of Jeoffrey of Monmouth the stem and progeny of Brutus the Nephew of Aeneas and give you a series of the Government of his posterity to Cassivellanus King of the Trinobantes when Cesar first made his invasion here and cap. 5. from Cassivellanus Essex and Middlesex to King Lucius Now I trowe our Author for the honor and reverence of the Apostolick sea will not deny Lucius to be a King and the first Christian King of the Britaines who and whose subjects were baptised Plat. in vit S. Eleutherii p. 21. about anno 176. by Fugatius and Damianus sent to this end by Pope Eleutherius And see Tacitus Lips pag. 457. in vita Agricolae Ii Britanni scilicet his atque talibus invicem instincti Voadicâ generis regii faemina duce neque enim sexum in imperjis discernunt sumsere universi bellum c. with these and the like speeches inciting one another by common consent they resolve to armes under the conduct of Voadica a Lady of the blood royal for in matter of governing in cheif they make no distinction of sex It is not my purpose here to relate a series and Catalogue of all the Brittish Kings to the Saxon Monarchs nor of the Saxon to the Dane and Norman I deny that in any of these times there was any other Government but Monarchy Aristocracy or Democracy never nor was ever any of those Kings chosen by the people Here by the way though I affirm the Government of England and Brittaine to be Monarchy yet I do not affirm that part of this Island which is called England was governed by one Monarch only till King Athestan reduced it about the yeare 938 nor the whole Island under one King before it was united under James anno 1602. And this Monarch not a thing in abeiance an aiery title but an absolute free and independent Monarchy Stat. 24. H. 8. cap. 12. It is resolved and declared that by sundry and old antick Histories and Chronicles it is manifestly declared and expressed that this Realme of England is an Empire and so has been accepted in the world Publick Notaries made by the Emperor claimed de Jure to exercise their office here in England but were prohibited because it was against the dignity of a supream King see Sir Ed. Coke Instit 4. fo 342. Omnis sub rege ipse sub nullo sed tantum sub Deo And ipse autem Rex non debet esse sub hominibus sed sub Deo And Rex autem qui vicarius summi Regis est ad hoc constitutus ut regnum terrenum populum domini super omnia sanctum veneretur ecclesiam ejus regat ab injuriosis defendat maleficos ab ea evellat destruat penitus disperdat ibid Now would I fain know what higher power can any man upon earth claim then is here by the Law acknowledged to be in the Kings of England Nor hath any Subject any property in his estate but what he claims from the King for all Lands and Tenements in England in the hands of Subjects are holden mediately or immediately of the King Sir Ed. Co. Com. on Lit. fol. 1. Inst part 4. pag. 363 364. Nor have the Lords and Commons a concurring power with the King in making Statute-Laws for the King makes the Law the Lords and Commons consent Co. Lit. 159. b. And what concurring power of Lords and Commons is there in Magna Charta but only Henry by the grace of God King of England c. We have granted to God and by this our present Charter have confirmed for us and our heirs for ever c. And Charta de Foresta hath nothing which makes it a Law but Edward by the grace of God c. We will that all Forests c. Stat. Hiberniae made at Westminster 9 Feb. ann 14 H. 3. Henry c. commands that the Customs recited in that Statute and used in the Realm of England be proclaimed in Ireland and straightly kept and observed there And Stat. de Anno Bissextili made at Westm. ann 21 H. 3. ann 1236. is The King unto his Justices of the Bench greeting The Statute entituled Assisa panis cerviciae is made by the King The Statute de Scaccario is nothing but what the King commandeth And so let any man peruse all the antient Statutes of this Realm and he shall not find any so much as Consent of the Lords and Commons named in the making of them though it may be it was implied Nor had the Lords and Commons in the Parliament Anno 1641. any more power de jure then their Predecessors had before them And therefore the Common-Law and Statute-Law of this Realm were nothing but the declared Will of the King Nor hath any City or Borough c. any Priviledge but what they claim and hold immediately from the Kings Grant Customs I take to be those Usages which the Kings have permitted Sir Ed. Co. comment on Littleton 113 to divers of their Subjects in several places of this Realm time out of mind distinct and not the same with the Common Law And herein they differ from Prescription because this refers to the person that to the place so Prescription is what such an individual Man and his ancestors have done in such a place and Custom is what divers Men at once have used in such a City Borough Mannor or Village Add hereunto the Militia of the Kingdom the Mint the power of making War or Peace which were always in the King and for the manageing of which he hath usually taken the Results of his Ordinary Council and who will deny the Kings of England to have been Absolute Soveraigns What the Government since 1641. hath been I cannot tell nor do I care If you believe the Instrument it will tell you It is in One Person and the Freeborn People of this Nation so in Two and divided But who are the Freeborn People of this Nation Every man hath as much right to this Freedom as another here is no Vassalage no Civitate donatus in
institution and therefore incommunicable or alienable yet after it pleased God that Kings should be nursing fathers and Queens nursing mothers to his Church the exercise endowment priviledges and immunities of Christian power is of positive humane institution The obedience therefore or subjection due to them who have oversight over us in the Lord is not formally due to such Bishops and Priests who have once had the oversight over us but to such Bishops and Priests who are legally constituted to exercise the jurisdiction or function in such Dioceses or Parishes where they are so constituted which exercise is alienable or transferrible though not at the will of the Incumbent yet at the will of Supreme powers and legally at the will of the Donor CHAP. II. Of Inheritance and Succession 1. NO humane law can create a humane right Jura sanguinis nullo jure No Humane law can make a Royal heir civili dirimi possint Nor is this right of succession from Divine positive laws but observed as well where Gods revelation of himself is not received as where it is And if according to the resolution of all the most learned and reverend Judges in Calvin's Case subjection is from no humane law but from the law of nature Then of necessity must Regal right and inheritance be from the law of nature for no man supposeth subjection where he does not presuppose power The Will therefore of Henry the Eight where for want of issue of Edward Mary and Elizabeth he gives the English Monarchy to the issue of Frances and Elianor daughters of Mary his younger sister before the right heirs of Margaret his eldest sister wife of James the Fourth of Scotland was void and not to be allowed and so was that of Edward the Sixth who did disinherit his sisters Mary and Elizabeth and gave the Crown to Jane daughter of Frances the French Queen aforesaid by Charles Brandon Duke of Suffolk and so were the Acts of Parliament made by H. 4. 5. and 6. which entailed the Crown upon their Heirs so was the Acts of the last of Henry the 6. which entailed the Crown upon him and the heirs males of his body and so were the Acts of the first of Rich. 3. and H. 7. which entailed the Crown upon them and their heirs Neither is succession and inheritance of Crowns declared by any humane Law in the world that I know of but only the pretended French Salique Law which we shall examine afterwards 2. None but God can make an Heire to a Crown solus Deus haeredem None but God can make an Heire to a Crown facere potest non homo Co. Lit. Sect. 7. And this Heire which Sir E. Co. here speaks of is but heire in fee to Lands or Tenements according to common Law or Custom if then only God can make such an Heire then sure none but God can make an Heire which makes humane Laws and permits Customes 3. It is not only humane Laws which say a bastard is filius terrae None can inherit not born in Matrimony Gen. 22. 2. quasi nullius filius Et qui ex damnato coitu nascuntur inter liberos non computentur but God calls Isaac Abrahams only Son although at the same time Abraham had his Son Ismael by Hagar his Handmaid or Concubine And Abraham gave all he had to Isaac but to the Sonns of the Concubins which Abraham had he gave gifts Gen. 25. 5 6. So though Ismael were Isaacs elder brother yet in comparison of Isaac born in wedlock God himself did not account him Abrahams Son Nor can one instance be given that ever by Gods either command or permission any born out of marriage did inherit By the Law therefore of God aswell as humane Law none can inherit which are born out of matrimony 4. That which no humane Law prescribes and yet is observed by all The Issue male shall inherit before the Issue female in Royalty men generally in all ages is from the Law of Nature But no humane Law prescribes the male to inherit before the female in regality yet it is observed by all men generally therefore that the issue male shall inherit before the female in regality is from the Law of Nature 5. If primogeniture had not been a sacred thing and inheritance annexed Of the Issue male the first born is to be preferred to it by the Law of Nature then could not Esau have been pronounced a prophane person for selling his birthright Heb. 12. 16. although he did it to save his life Gen. 25. 34. but being due by the Law of Nature I say Esau by his sale could not transfer it to Jacob yet because Esau did despise it Gen. 25. 34. it was just with God to transfer it to Jacob neither can it be shewed any where in sacred writ but that alwaies primogeniture in royal descent was a good title where God did not interpose 6. Only the King can inherit and succeed because his Royal capacity is Why only the King is said to inherit and succeed and Subjects do either inherit or succeed but never both affixed and inseparable with his person In the Oath therefore of Ligeance Subjects swear to beare faith to the King his Heirs and Successors but no Subject can both inherit and succeed because there is no succession can be affixed to the person of any Subject by vertue of inheritance All Corporations therefore do not descend by inheritance but are acquired as they are nominated or elected in such manner as is granted by the King or supream power 7. There are but two waies by which hereditary or successive Monarchies How many waies hereditary Monarchies descend do descend the one is Lineal descent the other Lineal Agnatical Cognatical or Collateral or as we say the one descends to the heire general the other to the heire male This latter by vertue of a Salique law takes place only in France we will therefore see what may be said and objected against the former and how the latter hath been observed in France and of what Authority it is 8. That cannot be against the Law of God which he has owned and Gynococratia or inheritance of Women not unnatural nor against the Law of God given a blessed president of but that God has owned Gynaecocraty and that in a great and miraculous delivery of his own people is evident in Deborah And that Women may inherit when the daughters of Zelophehad made their plea for their inheritance Numb 27. They first pleaded negatively Our Father was not of the company of them that gathered themselves against the Lord in the company of Corah which is a plain argument that rebellious Subjects have no property against supream powers but forfeit their goods aswell as lives for God saies ver 7. the daughters of Zelophehad spake right why should the name of our father be done away from his family because he has no Son And God himself
Essex and Edmund Earl of March the true and undoubted Heir of the Crown of England both condemned unheard and without tryal in Parliament when as he might have instanced twenty Sir Thomas Seimer Admiral of England and Brother to the Protector Anno 1549. the third year of Edward the Sixth was condemned to death unheard by a Law in Parliament Henry the Third after all the Acts of Grace of Magna Charta Charta de Foresta c. instead of means Good Governors are the Preservers or enlargers of the Government Parliaments have ever been the bane of the greatness of the English Monarchy given him by Parliament for the recovery of his right of the Dutchy of Normandy usurped and taken by the French King from his Father King John and the Dutchy of Guienne and Earldom of March the year before usurped and taken from him by the French King had all the exercise of Regal Government taken from him and given to the Twelve Peers by the * Insanum Parliamentum Mad Parliament whereof ensued the Barons Wars to the destruction and confusion of so many English-men as nothing but a Parliament could have done Henry the Fourth in the first year of his usurped Reign had the Crown entailed upon him and his Heirs in Parliament from whence ensued all the Wars of the Houses of York and Lancaster At a Parliament holden Anne Dom. 1470. begun at Westminster 26 November the Crowns of England and France were entailed upon Henry the Sixth and the Heirs male of his body lawfully begotten and for want of such Heirs unto George Duke of Clarence being the yonger Brother of Edward the Fourth the undoubted Heir of the Crown of England whereby a double injustice was done first to Henry the Sixth excluding his Heirs general then to Edward the Fourth to prefer his yonger Brother Clarence before him in case of want of Heirs male to Henry the Sixth See the Factious Conspiracy of the Commons together with the consequence against the Duke of Suffolk Speeds History Henry 6. p. 675. Para. 47 48. The Parliament in the First of Richard the Third his Reign though a bloody Usurper presented a Bill for the entailing the Crown upon his Heirs Ann. 1 Hen. 7. Nor was the Act of Parliament less injurious which entailed the Crown upon Henry the Seventh and the Heirs of his body he having no colour of title to it but in right of his Wife and because he suspected his title and reigned in his own right to the wrong of his Wife and after her decease to the wrong of his Son Henry the Eighth in the eleventh year of his Reign he got an Act of Parliament to pass which should protect all Subjects who should assist the King be he so by right or not for the time being So that other offences should be punished but he that perpetrates the highest villany by invading a Crown should be protected by Law Henry the Eight by authority of Parliament an 1533. Bastardized Queen Mary and so soon as he had cut off Anne Bullens head by authority of Parliament Bastardized Queen Elizabeth smally to his credit one would think Add hereunto the ridiculous yet cruel Act of Hen. 8 his Headship of the Church So that a stranger being one day in Smithfield and seeing one burnt for denying the Six Articles and another hanged for denying his Headship cried out Bone Deus quo modo hic agunt vivi hic comburuntur Papistae ibi suspenduntur Antipapistae The bloody Laws passed in Parliament in prosecution of the Six Articles in the time of Henry the 8. and the bloody Parliamentary Laws for Religion in Queen Mary's reign c. and all those Sacrilegious Acts made in the reigns of Hen. 8. and Ed. 6. and sure no man can imagine such horrid acts could be perpetrated but by Parliaments Nor have the General Assemblies in France who were wont to be assembled once or twice a year demeaned themselves much better then the Parliaments in England but in stead of providing good Laws fell into such Factions and used such affronts to the Regal power that Lewis the Eleventh a most subtile and cunning Prince was wont to say It was time to put the French Kings horce de page out of their minority and from being Pages any more and so he did And since his time they have been rarely convented in France For since the General Assembly at Bloys anno 1587. by Henry the Third where the famous Duke of Guise was killed there hath been but one anno 1614. in the fourth year of the reign of Lewis the Thirteenth and that succeeded so ilfavoredly that there is no probability of ever being another 4. Besides the general and particular Customs and Acts of Parliament there are almost infinite Corporations Colledges and Companies who have divers and sundry priviledges which are granted by the Kings Letters Patents and are observed as Laws and to all intents and purposes have the effect of Laws 5. But in all Maritime cases the Kings of England being Soveraigns of the Narrow Seas whatsoever Grotius says to the contrary and all actions done upon a Navigable river are judged by the course of Civil law and so the Probate of Wills and Letters of Administration are determinable by the Civil law Judge Jenkins a learned Gentleman and a stout Champion for the Laws of this Nation in the first page of his Lex terrae divides the Laws of this Nation into three grounds or species viz. 1. The Customs 2. Acts of Parliaments and 3. Judicial Records and that the two latter are declarations of the former touching Royal government so that he makes Custom to be the ground of Royal government and Acts of Parliament to have but a declaratory power of the Common Law touching Royal government and Judicial Records to be equivalent to Acts of Parliament In all which he is most manifestly mistaken For first there are an exceeding many Acts of Parliament which have no manner of dependence or affinity with the Common-Law and so cannot be declarations of it nay there are many Acts of Parliament which are so far from being declarations of the Common-Law that they do annihilate it and create other things in lieu thereof as the Statute of West 2. cap. 1. called the Statute de donis conditionalibus annihilated all the Conditional estates in Fee at Common-Law and created estates in Tail in lieu thereof At Common-Law no Lands or Tenemers were deviseable by Will but the Acts of 32 34 H. 8. create a power of devising Lands and Tenements in Fee by Will and Tenants at Common-Law might choose whether they would attorn to any Grant of the Lord but now the Lords Grant is good without it by 27 H. 8. cap. 10. Sir Ed. Coke com on Lit. sect 574. says Stat. 32. H. 8. takes away the reason of the Common-Law so that that cannot be a declaration of what it takes away the reason It were tedious
peace of the Realm that they which be indicted of such offences by solemn Inquest of lawful men in the Kings Court in no manner shall be delivered without due purgation so that the King shall not need to proide any other remedy therein The Statute of Circumspectè agatis made 13 Ed. 1. 1285. Certain Cases wherein the Kings Prohibition doth not lie Cap. 1. The King to his Judges sendeth greeting Use your selves circumspectly in all matters concerning the Bishop of Norwich and his Clergy not punishing them if they hold plea in Court Christian of such things as be meerly Spiritual that is to wit of Penance injoined by Prelates for deadly sin of Fornication Avowtry and such like for the which sometimes corporal penance and sometime pecuniary is enjoined specially if a Freeman be convict of such things As also Prelates do punish for leaving the Church-yard unclosed or for that the Church is uncovered or not conveniently decked in which cases none other penance can be enjoined but pecuniary Item If a Parson demand of his Parishioners Oblations or Tithes due and accustomed or if any Parson do sue against another Parson for Tithes greater or smaller so that the fourth part of the value of the benefits be not demanded Item If a Parson demand Mortuaries in places where a Mortuary hath been used to be given Item If a Prelate of a Church or a Patron demand of a Parson a Pension due to him All such demands are to be made in a Spiritual Court And for laying violent hands on a Clerk and in case of Defamation it hath been granted already that it shall be tryed in a Spiritual Court when money is not demanded but a thing done for punishment of sin and likewise for the breaking of an Oath In all cases afore-rehearsed the Spiritual Judge shall have power to take knowledge notwithstanding the Kings Prohibition Statutum de asportatis Religiosorum made Anno 35. Ed. 1. 1307. Cap. 1 Of late it came to the knowledge of our Lord the King by the grievous complaint of the Honorable persons Lords and other Noblemen of his Realm That whereas Monasteries Priories and other Religious Houses were founded to the honor and glory of God and the advancement of the Holy Church by the King and his Progenitors and by the said Noblemen and their Ancestors and a very great portion of Lands and Tenements have been given by them to the said Monasteries Priories and Houses and the Religious men serving God in them to the intent that Clerks and Laymen might be admitted in such Monasteries Priories and Religious Houses according to their sufficient ability and that sick and feeble men might be maintained Hospitality Alms-giving and other charitable deeds might be done and that in them prayers might be said for the souls of the said Founders and their heirs The Abbots Priors and Governors of the said Houses and certain Aliens their Superiors as the Abbots and Priors of Cistercienses and Promonstratenses and of the Order of S. Augustine and S. Benedict and many more of other Religion and Order have at their own pleasures set divers insupportable tallages payments and impositions uyon every of the said Monasteries and Houses in subjection unto them in England Ireland Scotland and Wales without the privity of our Lord the King and his Nobility contrary to the laws and customs of the said Realm and thereby the number of the said Religious persons and other servants in the said Houses and Religious places being oppressed by such tallages payments and impositions the service of God is diminished Alms be not given to the poor the sick and feeble the healths of the living and the souls of the dead be miserably defrauded Hospitality almsgiving and other godly deeds do cease And so that which in times past was charitably given to godly uses and to the increase of the service of God is now converted to an evil end by permission whereof there grows great scandal to the people and infinite losses and disheritances are like to ensue to the Founders of the said Houses and their Heirs unless speedy and sufficient remedy be provided to redress so many and grievous detriments Wherefore our Lord the King considering that it would be very prejudicial to him and his people if he should any longer suffer so great losses and injuries to be winked at And therefore being willing to maintain and defend the Monasteries Priories and other Religious houses erected in his Kingdom and in all Lands subject to his dominion and from henceforth to provide sufficient remedy to reform such oppressions as he is bound By the counsel of his Earls Barons Great men and other Nobles of his Kingdom in his Parliament holden at Westminster in the 35. year of his reign hath ordained and enacted Religious persons shall send nothing to their Superiors beyond the Sea Cap. 2 That no Abbot Prior Master Warden or any other Religious person of whatsoever condition state or religion he be being under the Kings power or jurisdiction shall by himself or by merchants or others secretly or openly by any device or means carry or send or by any other means cause to be sent any Tax imposed by the Abbots Priors Masters or Wardens of Religious houses their Superiors or assessed amongst themselves out of the kingdom and his dominion under the name of a rent tallage or any kind of imposition or otherwise by way of exchange mutual sale or other contract however it may be termed Neither shall depart into any other country for visitation or upon any other colour by that means to carry the goods of their Monasteries and Houses out of the Kingdom and Dominion aforesaid And if any will presume to offend this present Statute he shall be grievously punished according to the quality of his offence and according to his contempt of the Kings prohibition No Impositions shall be taxed by Priors Aliens Moreover our Lord the King doth inhibit all and singular Abbots Priors Masters and Governors of Religious houses and places being Aliens to whose authority subjection and obedience the Houses of the same Orders in his kingdom and domion be subject that they do not at any time hereafter impose or by any means assess any tallages payments charges or other burdens whatsoever upon the Monasseries Priories or other Religious houses in subjection to them as is aforesaid and that upon pain of all they have or may forfeit By whom the Common Seal of an Abbey shall be kept and how used And further our Lord the King hath ordained and established that the Abbots of the Orders of Cisterciensis and Promonstratensis and other Religious Orders whose Seal hath heretofore been used to remain only in the custody of the Abbot and not of the Covent shall hereafter have a Common Seal and that shall remain in the custody of the Prior of the Monastery or House and four of the most worthy and discreet men of the Covent of the same House to
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
this Act shall be certified into the Chancery by such Parties before whom the same shall be made within three moneths after such submission upon pain of forfeiture of 100 l. for every such offence to the Queen If any person so submitting himself shall within 10. years after come within 10. miles of the place where her Majesty shall be without speciall licence had from her Majesty under her hand that then such person to have no benefit of such submission Enacts That every Feofment Gift Grant Conveyance Alienation Estate Stat. 29 Eliz. cap. 6. Lease Encumbrance Limitation of use of or out of any Lands Tenements Hereditaments whatsoever had or made since the beginning of the Queens Reign or after by any person who had not repaired or shall not repair to some Church Chappel or usuall place of Common-prayer or which is or shall be revokable at the pleasure of such offendor or in any wise directly or indirectly intended or meant to or for the behoofe or disposition of such offendor or in consideration whereby his Family may be maintained shall be deemed and taken for utterly void c. Every conviction heretofore recorded for any offence before mentioned not already estreated or certified into the Queens Court of Exchequer shall from the Justices before whom the record of such conviction shall be remaining be estreated and certified into the Exchequer before the end of the next Easter Term in such convenient certainty for the time and other circumstances as the Court may thereupon award out processe for seisure of the Lands and Goods of every such offendor as hath not paid their forfeitures according to Statutes in such case provided And every conviction hereafter for any offence before mentioned shall be in the Court called the Kings Bench or at the Assises or generall Goal-delivery and not elsewhere and shall from the Justices before whom the Record of such conviction shall remain be estreated and certified into the Exchequer before the end of the Term next ensuing after every such conviction in such convenient certainty as is aforesaid Every offendor in not repairing to Divine Service and hath been heretofore convict and not made his submission and been conformable according to the true intent of this Statute shall without other indictment or conviction pay into the receipt of the Exchequer all such summes of money as according to the rate of twenty pounds for every moneth since the same conviction in manner following viz. one Moity before the end of Trinity Term the other Moity before the end of Hilary Term or at such other times as the Lord Treasurer Chancellor and Chief Baron or any two of them shall by composition upon good security be limitted before the end of the said Trinity Term if any such composition shall happen to be And shall also in every Easter and Michaelmas Term untill such time as the same person do make such submission pay into the Exchequer 20 l. for every moneth which shall incur in all that mean time For default of Payment of the said 20 l. a moneth in every Easter and Michaelmas Term after such conviction the Queen by processe out of the said Exchequer may take seize and enjoy all the Goods and two parts as well of all the Lands and Tenements c. of such offendor as of all other Lands and Tenements liable to such seisure by the true intent of this Act leaving only a third part for the reliefe of the offender his Wife Children and Family For the more speedy conviction of such offendor the Indictment shall be sufficient although it be not mentioned that the offendor was or is inhabiting within the Realm of England or any other of the Queens Dominions But if it shall happen that any such offendor were not within any of the Queens Dominions that in such case the party shall be relieved by plea to be put in in that behalf and not otherwise And upon Indictment a Proclamation shall be made the same Assises or Goal-delivery that the party indicted shall yeeld his body to the Sheriff and if at next Assises or Goal-delivery the said party shall not make appearance of Record that then such default shall be deemed a sufficient conviction in Law If any such offendor shall make submission and become conformable according to the form of the Statute made in the 23 of Eliz. or shall fortune to die that then no forfeiture of 20 l. a moneth nor seisure of Lands from and after such submission and conformity or death and full satisfaction of all arrearages of 20 l. monethly before such seisure due or payable shall ensue or be continued against such offendor so long as he shall continue in coming to divine Service according to the intent of the Statute The Lord Treasurer of England Chancellor and chief Baron or any two of them may assigne and dispose of the full third part of the twenty pounds for every moneth paid into the receipt of the Exchequer towards the relief of the Poor of Houses of correction and of impotent and maimed Souldiers This Act or any thing contained in it doth not in any wise extend to make void or impeach any Grant or Lease made bonâ fide without fraud or covin and not revocable at the will and pleasure of the offendor This Act or any thing contained therein shall not in any wise be construed to continue any seisure of any Lands or Tenements of such offendor in her Majesties hands after the said offendors death which Lands or Tenements he shall have or be seised of only for term of life or in right of his wife For the preventing of such great inconveniences and perils as may happen Stat. Anno 35 Eliz. cap. D. and grow by the wicked practices of seditious Sectaries and disloyall persons it was enacted That every person above sixteen years of age that shall obstinately refuse to come to Divine Service established by Law and shall forbear the same by the space of a moneth without lawfull excuse or shall at any time after fourty dayes after the Session of that Parliament by word or writing advisedly goe about to move or perswade any of the Queens Subjects or any other within her Realms or Dominions to deny or withstand her Majesties power or authority in causes Ecclesiasticall united and annexed to the Imperiall Crown of this Realm or shall advisedly perswade any person to forbear coming to Church to hear Divine Service established or to come to or be present at any unlawfull Assemblies Conventicles c. upon pretence of Religion contrary to the established Lawes Or if any person shall obstinately refuse to repair to some usuall place of Common-prayer and shall forbear to hear Divine Service by the space of a moneth or shall after fourty daies willingly joyn in any such Assemblies Conventicles c. under colour of exercising Religion contrary to the Laws of this Realm That every person so offending and being thereof lawfully
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
she was rather carefull to conserve peace at home then to maintain it abroad and was more mindfull of the present age then of posterity and sure that King that succeeded her might justly expect to finde a hard taske so to Govern as to preserve the love and obedience shee had for besides her prudence and frugality in Government and expences she was single had not any kindred in the Nation which were any charge to her whereas the King succeeding not only having a Queen but also Posterity must multiply expence whereby hee shall lose the affections of his Subjects from whom it must be raised or abate of the magnificennce which is necessary for the reputation and Regality and which every Monarch ought especially to be carefull of for Where Majesty or Power is contemptible the exercise of them is never permanent Ecclesiasticall Lawes made by King James THis Statute doth Enact That all Statutes made by Queene Elizabeth Anno 1. Jac. cap. 4. against all Jesuites Priests and Seminaries made in the Church of Rome and all those Statutes made against all manner of Recusants be put in due and exact execution Every Recusant that shall conforme himselfe to the Lawes and Ordinances of the Church of England and repaire to Church and continue there during the time of divine Service and Sermon according to the true intent of the statute in that case made in the time of Queen Elizabeth shall be discharged from all penalties of Recusancy so long as he continues in such obedience and conformity The heir of any Recusant who is no Recusant shall not incur any penalty for the Recusancy of his ancestor if at the death of any Recusant the heire of the Recusant be a Recusant and after become conformable to the Lawes and Ordinances of the Church and take the oath of Supremacy made in the first yeere of Q. Eliz before the Archbishop or Bishop of the Diocess then every such heir shall be discharged of all penalty hapning in respect of the Recusancy of his Ancestor If the Heire of any Recusant bee within the age of sixteene yeeres at the death of his Ancestor and after become or bee a Recusant that then hee shall not bee discharged from the penalty of Recusancy untill hee submit to the Lawes and Ordinances of the Church and take the said oath of Supremacy in manner and form expressed 23 Eliz. cap. 1. Where any seisure shall be had of the 2 parts of any Lands or Tenements c. for the not payment of the 20. l. due and payable for each moneth according to the Statute in that case lately made * in such case two third parts shall goe to the payment of the said twenty pound a moneth the third part shall not be extended by the King nor forfeited by the Recusant where any seisure hath beene made by the King and the debt or duty by reason of Recusancy not paid then the King may continue the seisure untill the residue of the debt be fully satisfied and discharged The King and his Heirs shall not seize nor extend any third part descending to any such heirs or any part thereof either by reason of the Recusancy of such heir or the Recusancy of his Ancestor Every person under the Kings obedience which at any time after the end of the session of that Parliament shall send any childe or other person under his Government into any parts beyond the Seas out of the Kings obedience to be resident in any Colledg or house of any popish Order or Profession whatsoever or repair to the same to be instructed in the popish Religion or in any sort to professe the same shall for every such offence forfeit to the King the summe of one hundred pounds and every person so passing or sent beyond the Seas in respect of himselfe or her selfe only and not in respect of his or her posterity be made incapable to inherit or purchase in any of the Kings Dominions If any person borne in any of the Kings Dominions at the making of this Act were in any such house or Colledg to be instructed in the popish Religion and should not return into some of his Majesties Dominions within one yeere next after the session of that Parliament and submit himself as is aforesaid shall be in respect of himselfe only and not in respect of his heirs and posterity utterly uncapable of inheriting or purchasing within any of the Kings Dominions Provided that if any such person shall afterward become obedient and conformable to the lawes and ordinances of the Church of England and repaire to Church according to the true intent of the said statutes and ordinances and continue so to doe that then every such person shall be discharged of such disability No woman nor any childe under the age of twenty one yeeres except Saylors and Ship-boyes or the Apprentice or Factor of some Merchant in trade of Merchandize shall be permitted to passe over the Seas without License from the King or six or more of the privy Councell under their hands upon paine that the officers of the Port that willfully or negligently did suffer any such to passe and did not enter the names of such passengers so licensed shall forfeit their office and all their goods and chattels and that every owner of any ship or vessell that shall willfully carry over seas any such person without license shall forfeit his ship or vessell and all the tackle and every Mr. or Mariner of or in any such ship offending as aforesaid shall forfeit all their goods and suffer imprisonment by the space of 12 moneths without baile or mainprize No person shall keepe any Schoole or be a Schoole-master out of any of the Universities or Colledges of this Realme except it bee in some publick or free Grammer-Schoole or in some such Noblemans or Noblewomans Gentlemans or Gentlewomans house as are not Recusants or where the said same Schoole-Master shall not be licensed by the Archbishop Bishop or Guardian of the Spiritualties of that Diocesse upon paine that as well the schoole-master as the party that entertains him shall forfeit for every day so offending the sum of forty shillings the one halfe to the King the other to him who shall sue for the same in any of the Kings Courts of Record in Westminster by Action of Debt Bill Plaint or Information in which no Essoine Protection or wager of Law shall be allowed Because some popishly affected did repaire to Church monethly whereby Stat. Anno. 3. Jac. cap. 4. they did evade the penalties imposed by precedent Parliaments as is alledged It was therefore Enacted That if any Recusant so conformed shall not once a yeere at least after the Session of Parliament receive the Sacrament in the Church of that parish where he or she usually abides or if there be no Church then in the Church next adjoyning shall forfeit for the first yeere the summe of twenty pounds for the second yeere
shall retain in service see or livery any person which shall forbear to goe to some usuall place of Divine service by the space of a moneth shall forfeit for every such moneth he knowing the same the summe of ten pounds This Act shall not extend to punish any person for maintaining relieving or harbouring his Father or Mother wanting without fraud any other habitation or sufficient maintenance or the ward of any person committed by authority to the custody of any by whom they shall be so relieved maintained or kept The Sheriff or other Officer upon lawfull Writ Warrant or Processe to him awarded to take or apprehend any Popish Recusant standing excommunicated for recusancy may break open the house where any such person excommunicated shal be or raise the power of the County for apprehending such person Every offence committed against this Act may be heard and determined before the Justices of the Kings Bench and Justices of Assize And all offences other than Treason shall be enquired heard and determined before the Justices of Peace in their next Generall and Quarter-sessions No attainder of Felony by this Act shall extend to forfeiture of Dower or corruption of blood The Defendant in any action commenced or brought against him by virtue of any thing in this Act may plead to the generall Issue by an Evidence that shall prove his doings or proceedings warrantable by this Law This Act nor any thing contained therein is said not to extend to take away or abridge any authority or jurisdiction of Ecclesiasticall censures No person shall be charged in any penalty by force of this Act which shall happen for the wifes offence in not receiving the Sacrament during her Marriage nor any woman shall be charged with any penalty for not receiving during Marriage In all cases where the Bishop or Justices of Peace by virtue of this Act may take of any Subject not a Nobleman this oath above mentioned The Lords of the Privie Councell or any 6 of them where of the Lord Chancellor Lord Treasurer or principle Secretary to be one have authority to require the same at any time of any Noble-man or Noble-woman being above the age of 18. years and if such Noble-man or Noble-woman other then the woman married refuse the same they shall incurre the penalty of a Premunire Where any person shall pass out of the Cinque-Ports or any member thereof to any parts beyond the seas to serve any foreign Prince State or Potentate the Lord Warden of the Cinque-Ports for the time being or any person by him appointed have power to take bond and minister this oath to such passengers If any man discover any Recusant or other person which shall entertain or Stat. Annn. 3 Jac. cap. 5. relieve any Jesuit Seminary or Popish Priest or shall discover any Mass to have been said and the persons which were present and the Priest or any that were present within three daies shall not only be freed from any penalty but shall have the third part of the forfeiture of all such summes of money goods and chattels which shall be forfeited for such offence if the forfeiture exceed not 150 l. if it doth exceed 150 l. then the discoverer to have 50 l. and the discoverer after conviction of the offendor shall have a certificate from the Judges or Justices of Peace before whom such conviction shall happen to be directed to the Sheriffe or other Officer that shall seize the goods commanding him to pay the same accordingly No Popish Recusant shall come into the house where the King or the Heir apparent shall be unlesse commanded by the King or by Warrant from the Lords of the privy Councell upon penalty of one hundred pound the one moity to the King the other to the discoverer who will sue for the same in any Court of Record where no Essoine Protection or Law Gager shall be allowed All convicted Popish Recusants dwelling in London or within five miles within three moneths after the Session of Parliament shall depart out of it and not dwell within ten miles and deliver up their names to the Lord Major if they dwell in London and if such Recusant shall dwell within ten miles of London to deliver up his name to the next Justice of Peace within fourty dayes after the Session of Parliament upon the penalty of one hundred pounds the one halfe to the King the other to him who will sue as aforesaid All Recusants which shall dwell or remain in London or within ten miles thereof shall within ten dayes after indictment or conviction depart out of the said compass and deliver up their names to the Lord Mayor In case the said Recusant shall dwell in any County within ten miles of London then within ten daies after conviction or indictment shall give up his name to the next Justice of peace the person offending shall forfeit one hundred pounds the one halfe to the King the other to the Informer as aforesaid Tradesmen Recusants who have no other habitation may continue within London and the compass of ten miles This Act repeals that branch of the 35 Eliz. cap. 2. touching licence of Recusants to remove or pass above five miles from their place of abode The King or three or more of the Privy Councell under their hands may licence a Recusant to travell out of the compass of five miles So may four Justices of Peace of the County with the privity of the Bishop of the Diocesse in writing or of the Lieutenant or any of the Deputy Lieutenants the party taking his corporall oath that he truly informes them of the cause of his journey and making no causless stayes No convict Recusant shall practise the Common Law as a Councellor Clerk Atturney or Solicitor nor shall practice the Civill Law as Advocate or Proctor nor practise Physick nor be an Apothecary nor shall be Judge Minister Clerk or Steward of any Court nor keep any Court nor shall be Register or Town-clerk or other Minister or Officer in any Court nor shall bear Office as Captain Lieutenant Corporall Sergeant Auncient-bearer or other Office in Camp Troop Band or Company of Souldiers nor bear any office in any Ship Castle or Fortresse of the Kings upon penalty of one hundred pounds to be forfeited as aforesaid No popish Recusant convict or having a Wife convict shall bear any publick office in the Common-wealth Every married woman being a Recusant convict her husband not being convict shall forfeit 2. third parts of her Joynture and Dower during her life and be made uncapable of being Executrix or Administratrix to her husband Every Popish Recusant convict shall be deemed as a person excommunicated so long as he continues not conformable and not come to Divine service and receive the Sacrament and take the oath appointed by this Parliament in the first chap. Yet such Recusant may sue for such of his Lands Tenements c. and for the profits thereof which are not
said Justices of peace or any of them or shall hinder or disturb any such Justices or any person authorised by them to seize the same shall forfeit all such armour and amunition to the King and beimprisoned by warrant from any of the Justices of the County during the space of three moneths without bayl or mainprize This Act nor any thing therein shall not abridge the authority and jurisdiction of Ecclesiasticall censures See Statute 6 anno 7 Jacobi who shall take the oath of obedience to the King and by whom it shall be ministred and within what time If any married woman being lawfully convict as a popish Recusant for not coming to Church shall not within three moneths after such conviction conform her self and repair to Church and receive the Sacrament according to Law then shall shee be committed to prison by one of the Kings Privy Councell if she be a Baroness or if she be under that degree by two of the Justices of the peace of the County whereof one of the Quorum without Bail or Mainprise untill she conform her self to come to Church and receive the Sacrament unlesse the Husband shall pay to the King ten pounds a moneth or the third part of his Lands and Tenements so long as the Wife remaining out of prison shall continue a convicted Recusant during which time and no longer she shall have her liberty If the giving of the temporall powers cognizance of crimes meerly spirituall Annot. be objected to Edw. 6. Queen Elizabeth and King James I think no man will undertake to answer for all things done by men yet thus much may be answered that it was no new thing for the Statute of 2 H. 5. cap. 7. gives Justices of peace and Justices of assise full power and authority to enquire of these who hold Errors Heresies and Lollardy and of their maintainers and that the Sheriff and other Officers may arrest and apprehend Anno 1. Sess 2. cap. 2. them and that this was done by Queen Mary See Mary Of King James AS there was never any Prince who had a more clear and undoubted King James his Title and Reception right and title to the English Diadem then King James for besides that he was Heir to both Houses of York and Lancaster as is most truly acknowledged by both Houses of Parliament Anno 1. cap. 1. Jac. he was derived by a long descent of Royall Ancestors from Malcolm Conmor or Cammore King of the Scots and the Lady Margaret being the name of her from whom the united Title of both Houses of York and Lancaster descended upon him Sister and sole Heir of Edgar Atheling Son and Heir of Edward eldest son of Edmond surnamed Ironside so that all titles as well of right of blood as of conquest might so truly be ultimately resolved into him that in the whole world no just exception could be taken against them so never was any Prince received with so little opposition and contradiction by all sorts of his Subjects both in England and Ireland where all those long rebellions and commotions did expire with Queen Elizabeth and in both Kingdomes all became so pacate and calme that during all his Reign in neither Nation was any sword drawn in opposition to him There was such havock made in the Reign of H. 8. Ed. 6. of all Church His care of the Church Lands upon pretence forsooth of Reformation that to stay it there was a Law made in the first of Queen Eliz. cap. 19. that all Gifts Grants Feofments Fines and other Conveyances made by any Arch-bishop or Bishop of any Honours Castles Manors Lands Tenements or other Hereditaments being parcell of the possession of his Arch-bishoprick or Bishoprick or united or appertaining or belonging to any of the same to any person other then the Queen her Heirs and Successors whereby any Estate should or might pass from the Arch-bishop or Bishop other then for the term of 21 years or three lives reserving the old Rent or more shall be utterly void Cambden Eliz. Reg. pag. 36. takes notice of the great abuse made by the Courtiers of that clause or exception of the Queen c. And indeed William of Burley had by the Queens permission so gelt the Bishoprick of Ely by virtue of this clause that it lay void above twenty years before any man of abilities or honesty would take it so pol'd and maimed although some were conunitted to prison for refusing of it But King James as his first and chiefest care by an Act of Parliament in the first year of his Reign cap. 3. made a Law that all assurances afterward made to the King of any of the Lands of Arch-Bishops or Bishops should be void so that the rapine and prey made upon the Church was first restrained totally by him King James was not only a devout observor of the Government Rites His care of Religion and Ceremonies of the Church of England but made it one of his chiefest cares to have brought an Uniformity as well in Scotland as in England and proceeded so far as to settle Episcopacy among them naming thirteen new Bishops for so many Episcopall Sees as had been anciently in that Church three of which received consecration from the Bishops of England and conferred it on the rest of their Brethren at their comming home Which Bishops he armed also with the power of an High Commission the better to keep down the insolent and domineering spirit of the Presbyterians In order to the other he procured an Act to be passed in the Assembly at Aberdeen 1616. for composing a Liturgy and extracting a new book of Canons out of the scattered Acts of their old Assemblies At the Assembly held at Perth anno 1618. he obtained an Order for the receiving the Communion kneeling for the administring Baptisme and the Lords Supper in private houses in cases of extreme necessity for Episcopall confirmation and finally for the celebrating the Anniversaries of our Saviours birth his Passion Resurrection and Ascension and the coming down of the Holy Ghost all which he got confirmed in the following Parliament So far did this wise King advance the work of Uniformity before his engaging in the cause of the Palatinate his breach with Spain and the warre which issued thereupon did divert his thoughts To his peacefull disposition and his care of the Church and Religion His great learning and clemency in the next place may be truly added his great abilities in learning so far transcending not only the Kings of the present age his contemporaries but all his predecessors and surely scarcely to be paralled by any of his time as his many learned works testifie To these other virtues may be added a mind no wayes vindicative although sometimes transported with present passion yet of some small continuance that in person or estate he was never noted to punish any man rashly or extrajudicially And although he was no great lover