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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A31458 The laws of Q. Elizabeth, K. James, and K. Charles the First concerning Jesuites, seminary priests, recusants, &c., and concerning the oaths of supremacy and allegiance, explained by divers judgments and resolutions of the reverend judges : together with other observations upon the same laws : to which is added the Statute XXV Car. II. cap. 2 for preventing dangers which may happen from popish recusants : and an alphabetical table to the whole / by William Cawley of the Inner Temple, Esq. Cawley, William, of the Inner Temple. 1680 (1680) Wing C1651; ESTC R5101 281,468 316

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THis Book having been left with me I have perused divers parts of it as my leisure would permit and finding it judiciously Written and the design of it being very Useful and Seasonable I do recommend it to the Publick 14 June 1680. Fra. North. THE LAWS OF Q. ELIZABETH K. JAMES and K. CHARLES the First CONCERNING Iesuites Seminary Priests Recusants c. And concerning the Oaths of Supremacy and Allegiance EXPLAINED BY Divers Judgments and Resolutions OF THE REVEREND JUDGES Together with other Observations upon the same Laws TO Which is added the Statute XXV CAR. II. cap. 2. for preventing dangers which may happen from POPISH RECUSANTS And an Alphabetical Table to the whole By William Cawley of the Inner Temple Esq LONDON Printed for John Wright and Richard Chiswell at the Crown on Ludgate-Hill and the Rose and Crown in St. Paul's Church-Yard MDCLXXX TO THE READER THe principal scope and intent of the poenal Statutes here presented to thy view is To assert the Kings Ecclesiastical Jurisdiction To abolish the exercise of that which is forreign and was usurped and to forbid the entrance of such into the Realm who would restore that which is abolished To prevent the Reconciliation of the Kings Subjects to the Church of Rome and their Education in the Religion there professed and taught To oblige them by Oaths held one of the most strict and sacred tyes among men to that Obedience which they owe their Prince To take away from seditious and dangerous persons the power of doing hurt To procure a general Conformity to the Religion established and to inflict capital and other punishments on the infringers of these Laws 'T is no part of my design to sharpen this two edged Sword but only to take off some of its rust that by the brightness it may be the better discerned and avoided And to give some light such as my own obscurity will afford what are the just measures to be taken in reference to the Laws here treated of The Judgments and Resolutions of the Reverend Judges upon the several branches of these Statutes and of others likewise here occasionally mentioned as far as they relate to the subject in hand which lye scattered in the printed Books are here collected and placed under proper heads And this is the only thing the Statutes themselves excepted for which I durst recommend the Book to thy perusal Besides which there are several other Authorities cited in the Cases which arise upon these poenal Laws And here and there where the path is untrodden I have adventured to add some observations of my own Wherein I am sensible enough how great a hazard I run But my Apology shall be that they are offered only as probable Opinions and so I would be understood which where Authorities fail can have no other Basis to fix themselves on then the Rules of Law aptly applied by the strength of Reason And if in any of them the Reason offered shall by the learned be thought too weak or the Rule of Law misapplied I shall not insist upon the misfortunes of others who have made Essays of the like nature as a just excuse for mine but support my self with this hope that such will be most ready to pardon me who are the best able to censure me and that where I find the one I shall not fail of the other As for the mistakes which I have noted in those who have written more or less upon these Statutes I presume what I have done cannot be taken amiss seeing my aim is no other then theirs was to represent things truly as they are though we may sometimes miss the mark And I was the rather induced to rectifie them for that I found divers of them con-concern the Justices of Peace whose leisure or inclinations may not always serve them to peruse the Statutes at large and who by trusting to those shorter Tracts or Abridgments they have by them may be misled in the execution of their Office There is only one thing more which is to give thee notice that where I cite Wingate 't is intended of his Abridgment of the Statutes a work laborious enough but not always complying with the sense of the Statute Abridged and therefore here in several places corrected W. C. Stat. I Eliz. cap. I. An Act restoring to the Crown the ancient Jurisdiction over the Estate Ecclesiastical and Spiritual and abolishing all Forreign Powers repugnant to the same MOst humbly beseech your most excellent Majesty Stat. Sect. 1. your faithful and obedient Subjects the Lords Spiritual and Temporal and the Commons in this your present Parliament assembled that where in the time of the Reign of your most dear Father of worthy memory K. Henry the Eighth divers good Laws and Statutes were made and established as well for the utter extinguishment and putting away of all usurped and Forreign Powers and Authorities out of this your Realm and other your Highnesses Dominions and Countries as also for the restoring and uniting to the Imperial Crown of this Realm the ancient Iurisdictions Authorities Superiorities and Preheminences to the same of right belonging and appertaining by reason whereof We your most humble and obedient Subjects Great Exactions were taken by Forreign Power before the 25th year of K. H. 8. of the Inhabitants of this Realm from the five and twentieth year of the Reign of your said dear Father were continually kept in good Order and were disburthened of divers great and intolerable charges and exactions before that time unlawfully taken and exacted by such Forreign Power and Authority as before that was usurped until such time as all the said good Laws and Statutes by one Act of Parliament made in the first and second years of the Reigns of the late K. Philip and Q. Mary your Highnesses Sister entituled An Act repealing all Statutes Articles and Provisions made against the See Apostolick of Rome since the twentieth year of K. Henry the Eighth and also for the Establishment of all Spiritual and Ecclesiastical Possessions and Hereditaments conveyed to the Laity were all clearly repealed and made void as by the same Act of Repeal more at large doth and may appear By reason of which Act of Repeal your said humble Subjects were eftsoons brought under an usurped Forreign Power and Authority and yet do remain in that bondage to the intolerable charges of your loving Subjects if some redress by Authority of this your High Court of Parliament with the assent of your Highness be not had and provided Stat. Sect. 2. May it therefore please your Highness for the repressing of the said usurped Forreign Power and the restoring of the Rights Iurisdictions and Preheminences appertaining to the Imperial Crown of this your Realm that it may be enacted by Authority of this present Parliament That the said Act made in the said first and second years of the Reigns of the said late K. Philip and Q. Mary A repeal of the Stat. of