Selected quad for the lemma: virtue_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
virtue_n	authorise_v	please_v	time_n	11	3	2.1215	3	false

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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

suprema Ecclesiastica qua fungitur for so are the words in the Charter there Plowden 497 498 500. Vide Co. 5. 10. Cawdries Case Co. 11. 10 11. Pridle and Nappers Case And where the King is Patron an Appropriation may be made by him alone Addition to Popham 145. And as he is supream Head and supream Ordinary a Resignation Resignation made to him of a Deanry is as good as if it were made to the Bishop Dyer 12 13 Eliz. 293. Pollard and Walronds Case Plowden 498. Palmer 493. Hayward and Fulchers Case And that your Highness your Heirs and Successors Stat. Sect. 6. The Queen may assign Commissioners to exercise Ecclesiastical Jurisdiction Kings or Queens of this Realm shall have full Power and Authority by vertue of this Act by Letters Patents under the Great Seal of England to assign name and authorize when and as often as your Highness your Heirs or Successors shall think meet and convenient And for such and so long time as shall please your Highness your Heirs or Successors such person or persons being natural born Subjects to your Highness your Heirs or Successors as your Majesty your Heirs or Successors shall think meet to exercise use occupy and execute under your Highness your Heirs and Successors all manner of Iurisdictions Priviledges and Preheminencies in any wise touching or concerning any Spiritual or Ecclesiastical Iurisdiction within these your Realms of England and Ireland or any other your Highnesses Dominions and Countries And to visit reform redress order correct and amend all such Errors Heresies Schisms Abuses Offences Contempts and Enormities whatsoever which by any manner of Spiritual or Ecclesiastical Power Authority or Iurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the increase of Virtue and the conservation of the Peace and Vnity of this Realm And that such person or persons so to be named assigned authorized and appointed by your Highness your Heirs or Successors after the said Letters Patents to him or them made and delivered as is aforesaid shall have full Power and Authority by virtue of this Act and of the said Letters Patents under your Highness your Heirs or Successors to exercise use and execute all the premisses according to the tenor and effect of the said Letters Patents Any matter or cause to the contrary in any wise notwithstanding High Commission Court The Jurisdiction and Authority here by given to the late Court commonly called the High Commission Court are now taken away by Act of Parliament but the Power here given the Queen to constitute such Commissioners was no more than she had before by ancient Prerogative and the Laws of England For thereby she might have made such an Ecclesiastical Commission if this Act of 1 Eliz. had never been made Co. 5.8 9. Cawdries Case Cro. Trin. 2. Jac. 37. Stat. Who are compellable to take the Oath Ecclesiastical Persons and Officers Judge Justice Mayor Temporal Officer He that hath the Queens Fee And for the better observation and maintenance of this Act may it please your Highness That it may be further enacted by the Authority aforesaid That all and every Archbishop Bishop and all and every other Ecclesiastical person and other Ecclesiastical Officer and Minister of what Estate Dignity Preheminence or Degree soever he or they be or shall be and all and every temporal Iudge Iustice Mayor and other Lay or Temporal Officer and Minister and every other person having your Highnesses Fees or Wages within this Realm or any your Highnesses Dominions shall make take and receive a corporal Oath upon the Evangelist before such person or persons as shall please your Highness your Heirs or Successors under the Great Seal of England to assign and name to accept and to take the same according to the tenor and effect hereafter following that is to say I A. B. do utterly testifie and declare in my Conscience The Oath for the Queens Supremacy That the Queens Highness is the only Supream Governour of this Realm and of all other Her Highness Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal And that no Forreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all Forreign Jurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the Queens Highness her Heirs and lawful Successors and to my Power shall assist and defend all Jurisdictions Priviledges Preheminences and Authorities granted or belonging to the Queens Highness her Heirs and Successors or united and annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book And that it may also be Enacted The penalty for refusing the Oath That if any such Archbishop Bishop or other Ecclesiastical Officer or Minister or any of the said Temporal Iudges Iusticiaries or other Lay-Officer or Minister shall peremptorily or obstinately refuse to take or receive the said Oath That then he so refusing shall forfeit and lose only during his life all and every Ecclesiastical and Spiritual Promotion Benefice and Office and every Temporal and Lay-Promotion and Office which he hath solely at the time of such refusal made And that the whole Title Interest and Incumdency in every such Promotion Benefice and other Office as against such person only so refusing during his life shall clearly cease and be void as though the party so refusing were dead And that also all and every such person and persons so refusing to take the said Oath shall immediately after such refusal be from thenceforth during his life disabled to retain or exercise any Office or other Promotion which he at the time of such refusal hath joyntly or in Common with any other person or persons And that all and every person and persons that at any time hereafter shall be preferred promoted or collated to any Archbishoprick or Bishoprick or to any other Spiritual or Ecclesiastical Benefice Promotion Dignity or Office or Ministry or that shall be by your Highness your Heirs or Successors preferred or promoted to any Temporal or Lay-Office Ministry or Service within this Realm or in any your Highness Dominions before he or they shall take upon him or them to receive use exercise supply or occupy any such Archbishoprick Bishoprick Promotion Dignity Office Ministry or Service shall likewise make take and receive the said Corporal Oath before mentioned upon the Evangelist before such persons as have or shall have Authority to admit any such person to any such Office Ministry or Service or else before such person or persons as by your Highness your Heirs or Successors by Commission under the Great Seal of England shall be named assigned or appointed to minister the

singular persons which shall offend within any their Iurisdictions or Diocess after the said Feast of the Nativity of St. John Baptist next coming against this Act and Statute Any other Law Statute Priviledge Liberty or Provision heretofore made had or suffered to the contrary notwithstanding Not necessary to go to the Parish Church The Ordinary or Ecclesiastical Judge cannot legally punish any man for not coming to the Church of that Parish where he inhabits if he goes to any other although he shews not any reasonable Lett. For it shall be a good Plea for the party to say that that is not his Parish Church but that he had used to frequent another Church and did resort thereunto And if the Ecclesiastical Court will not receive this plea the party shall have a Prohibition Prohibition For the Spiritual Court hath no power to judge what shall be said to be a mans Parish Church And so it was resolved by the whole Court of Kings-Bench Trin. 9. Jac. Bulstrode 1. 159. Nor can the Spiritual Court try the limits or bounds of Parishes but they shall be tried by the Common Law Co. 13. 17. Stat. Sect. 10. What Justices may punish these Offences And it is ordained and enacted by the Authority aforesaid That all and every Iustices of Oyer and Determiner or Iustices of Assize shall have full Power and Authority in every of their open and general Sessions to enquire hear and determine all and all manner of Offences that shall be committed or done contrary to any Article contained in this present Act within the limits of the Commission to them directed and to make process for the execution of the same as they may do against any person being indicted before them of Trespass or lawfully convicted thereof Provided always and be it enacted by the Authority aforesaid A Bishop may joyn with the Justices to enquire of Offenders That all and every Archbishop and Bishop shall or may at all time and times at his liberty and pleasure joyn and associate himself by vertue of this Act to the said Iustices of Oyer and Determiner or to the said Iustices of Assize at every of the said open and general Sessions to be holden in any place within his Diocess for and to the enquiry hearing and determining of the Offences aforesaid Provided also and be it enacted by the Authority aforesaid At whose charges the Book of Common Prayer shall be gotten That the Books concerning the said Services shall at the Costs and Charges of the Parishioners of every Parish and Cathedral Church be attained and gotten before the said Feast of the Nativity of St. John Baptist next following and that all such Parishes and Cathedral Churches or other places where the said Books shall be attained and gotten before the said Feast of the Nativity of St. John Baptist shall within thrée weeks next after the said Books so attained and gotten use the said Service and put the same in ure according to this Act. And be it further enacted by the Authority aforesaid Within what time the Offenders shall be impeached That no person or persons shall be at any time hereafter Impeached or otherwise molested of or for any the Offences above-mentioned hereafter to be committed or done contrary to this Act unless he or they so offending be thereof Indicted at the next general Sessions to be holden before any such Iustices of Oyer and Determiner or Iustices of Assize next after any Offence committed or done contrary to the tenour of this Act. Provided always Trial of Peers and be it ordained and enacted by the Authority aforesaid That all and singular Lords of the Parliament for the third Offence above-mentioned shall be tried by their Peers Provided also Stat. Sect. 11. Chief Officers of Cities and Boroughs shall enquire of Offenders and be it ordained and enacted by the Authority aforesaid That the Mayor of London and all other Mayors Bayliffs and other head Officers of all and singular Cities Boroughs and Towns Corporate within this Realm Wales and the Marches of the same to the which Iustices of Assize do not commonly repair shall have full Power and Authority by virtue of this Act to enquire hear and determine the Offences aforesaid and every of them yearly within fifteen days after the Feast of Easter and St. Michael the Archangel in like manner and form as Iustices of Assize and Oyer and Determiner may do These words In like manner and form appoint in what manner the Offences shall be enquired of Mayors and Head Officers of Corporations heard and determined by Mayors and Head Officers of Corporations c. by Indictment for so much enquire imports and Trial and Verdict of twelve men or such other Legal proceedings upon the said Indictment as are used by the Justices of Oyer and Determiner and Assizes in their general Sessions For the Mayor or Head Officer is not left by this Act to his own Arbitrary Will or Discretion in the hearing and determining the Offence but must proceed according to the rules and forms of Law in the Conviction of the Offender And the Statute saith To which Justices of Assize do not commonly repair So that the Mayor or Head Officer of such places were only intended in the lieu and room of Justices of Assize and are therefore to proceed by the same Rules as they do in the Counties at large Within what time to proceed But these words extend not to the point of time limited for Indicting such Offender nor are Mayors and Head Officers tied to their next Sessions as the Justices of Oyer and Determiner and of Assize are as Wingate tit Service and Sacraments numb 26. mistakes the meaning of the Statute For in like manner and form is intended in such respects only where 't is not otherwise provided for by the Statute But 't is expresly provided here that Mayors and Head Officers of Corporations shall enquire of these Offences only twice in the year viz. within fifteen days after Easter and Michaelmas and not at their next general Sessions unless it happen to be the Sessions after one of those two Feasts To whom the Bishop cannot associate himself Nor can the Archbishop or Bishop associate himself in this Case to any Mayor or Head Officer of a Corporation as Wingate tit Service and Sacraments number 25. mistakes Stat. Sect. 12. The Ordinaries Jurisdiction in these Cases Provided always and be it ordained and enacted by the Authority aforesaid That all and singular Archbishops and Bishops and every of their Chancellors Commissaries Archdeacons and other Ordinaries having any peculiar Ecclesiastical Iurisdiction shall have full Power and Authority by virtue of this Act as well to enquire in their Visitation Synods and elsewhere within their Iurisdiction at any other time and place to take Accusations and Informations of all and every the things above-mentioned done committed or perpetrated within the limits of

not extend to compell any Temporal person of or above the degrée of a Baron of this Realm to take or pronounce the Oath abovesaid nor to incur any penalty limited by this Act for not taking or refusing the same Any thing in this Act to the contrary in any wise notwithstanding Where he ought to take it This Act. Although by this Act no Temporal person of or above the degree of a Baron is compellable to take this Oath yet if he be made a Justice of Peace he ought to take it by force of the Statute of 1 Eliz. cap. 1. Jones 152 153. Earl of Lincolns Case Stat. 1 Eliz. 1. A Bishop must take it Temporal Person By these words and the Preamble Forasmuch as c. Archbishops and Bishops although their possessions be Temporalties are excluded out of this Proviso and therefore are to take the Oath For every person who is of the degree of a Baron is not excused as Wingate tit Crown numb 29. mistakes but only the Temporal Lords of Parliament Stat. Sect. 12. Charitable giving Alms to Offenders shall be no cause of forfeiture Provided and be it Enacted by the Authority aforesaid That charitable giving of reasonable Alms to any of the Offender or Offenders above specified without fraud or covin shall not be taken or interpreted to be any such abettment procuring counselling aiding assisting or comforting as thereby the giver of such Alms shall incur any pain penalty or forfeiture appointed in this Act. Peers offending shall be tried by their Peers Provided also and be it Enacted by the Authority of this present Parliament That if any Peér of this Realm shall hereafter offend contrary to this Act or any Branch or Article thereof that in that and all such Case and Cases they shall be tried by their Péers in such manner and form as in other Cases of Treasons they have used to be tried and by none other means Provided also further and be it Enacted Stat. Sect. 13. Who only shall be compelled to take the Oath upon the second tender That no person shall be compelled by vertue of this Act to take the Oath above-mentioned at or upon the second time of offering the same according to the form appointed by this Statute except the same person hath beén is or shall be an Ecclesiastical person that had hath or shall have in the time of one of the Riegns of the Queéns Majesties most Noble Father Brother or Sister or in the time of the Reign of the Queéns Majesty her Heirs or Successors Charge Cure or Office in the Church Or such person or persons as had hath or hereafter shall have any Office or Ministry in any Ecclesiastical Court of this Realm under any Archbishop or Bishop in any the times or Reigns aforesaid Or such person or persons as shall wilfully refuse to observe the Orders and Rites for Divine Service that be authorized to be used and observed in the Church of England after that he or they shall be publickly by the Ordinary or some of his Officers for Ecclesiastical Causes admonished to kéep and observe the same Or such as shall openly and advisedly deprave by words writings or any other open fact any of the Rites and Ceremonies at any time used and authorized to be used in the Church of England Or that shall say or hear the private Mass prohibited by the Laws of this Realm and that all such persons shall be compellable to take the Oath upon the second tender or offer of the same and incur the Penalties for not taking of the said Oath and none other Charge Cure or Office in the Church What Clergy-men are punishable upon the second tender and refusal So that every Clergy-man or Person in Orders is not within the danger of this Law upon the second tender and refusal of the Oath as Wing tit Crown n. 30. mistakes For every Priest or Minister is Clericus Dyer 3 Eliz. 203. and yet shall not incur the penalty of High Treason upon the second refusal unless he be a local Minister or have some Charge Cure or Office in the Church By the Ordinary Ordinary what Ordinary in the Common Law is properly taken for the Bishop of the Diocess but yet usually in the Common Law and in Statutes for every Commissary or Official of the Bishop or other Judge that hath Ordinary Jurisdiction within his limits in Causes Ecclesiastical Stat. W. 2. cap. 19. Stat. 31 E. 3. cap. 11. Termes de la Ley 212. Ordinary 8 H. 6. 3. Co. 1. Inst 344. Or hear the private Mass Hearing Mass If a man once in his life time heareth private Mass it seems he is within this qualification and incurs High Treason upon the second refusal of the Oath and not only if he used to hear it as Wingate tit Crown numb 30. misrecites the Statute Stat. Sect. 14. It shall not be lawful to slay any one attainted in a Praemunire And forasmuch as it is doubtful whether by the Laws of this Realm there be any punishment for such as kill or slay any person or persons attainted in or upon a Praemunire Be it therefore Enacted by Authority aforesaid That it shall not be lawful to any person or persons to slay or kill any person or persons in any manner attainted or hereafter to be attainted of in or upon any Praemunire by pretence reason or authority of any Iudgment given or hereafter to be given in or upon the same or by pretence reason or force of any word or words thing or things contained or specified in any Statute or Law of Provision and Praemunire or in any of them Any Law or Statute or Opinion or Exposition of any Law or Statute to the contrary in any wise notwithstanding Punishments inflicted by former Laws Saving always the due execution of all and every person and persons attainted or to be attainted for any Offence whereupon Iudgment of death now is or ought to be or hereafter may lawfully be given by reason of this Statute or otherwise And saving always all and every such pains of death or other hurt or punishment as heretofore might without danger of Law be done upon any person or persons that shall send or bring into this Realm or any other the Queéns Dominions or within the same shall execute any Summons Sentence Excommunication or other Process against any person or persons from the Bishop of Rome for the time being or by or from the See of Rome or the Authority or Iurisdiction of the same See The Judgment in a Praemunire The Judgment in a Praemunire is to be out of the Kings Protection his Lands Tenements Goods and Chattels to be forfeited to the King and that his body shall remain in Prison at the Kings pleasure Co. 1. Inst 129 130. Co. 3. Inst. 218. Rastal Entr. 466. Judgment But his entailed Lands he shall forfeit only during his Life For this Forfeiture must

Vide Rolles abridg tit Temps 521. Counsel and Trial by Peers Praemunire In the aforesaid Case of the Lord Vaux who was Indicted of a Praemunire for refusing this Oath the Court of Kings Bench denied him Counsel or Trial by his Peers And it was there held that the Trial of a Nobleman by his Peers is at Common Law in four Cases only viz. Treason Felony Misprision of Treason and Misprision of Felony but not to be allowed in the Case of a Praemunire for that in effect it is no more then a Contempt Bulstrode 1. 197 198 199. Stat. Sect. 32. Who shall take the Oath in the Cinque Ports Provided also and be it Enacted by Authority of this Parliament That where any person or persons shall go or pass out of the Cinque Ports or any Member thereof to any parts beyond the Seas to serve any Forreign Prince State or Potentate that in every such Case the Lord Warden of the Cinque Ports for the time being or any person by him in that behalf appointed or to be appointed shall have full Power and Authority by virtue hereof to take the Bond and minister the Oath to such Passengers as is above mentioned If the Warden of the Cinque Ports Warden of the Cinque Ports do take such Bond and minister such Oath and do not certifie them into the Exchequer this seems to be Casus omissus and not provided for by the Act For he shall not be liable to the penalty inflicted on the Customer and Controller For that although it be within the same mischief there are no express words here to reach him And penal Statutes shall not be taken or construed by Equity Lee 77. Bishop of Chichester versus Freeland Rolles 2. 420. Jones versus Lord Sheffeild Ratcliffe Yelverton 22. Brode versus Owen Plowden 17. Fogassa's Case Et 86. Partridges Case Co. 1. Inst. 238. Keilwey 96. Stat. iii Jac. cap. v. An Act to prevent and avoid dangers which may grow by Popish Recusants Stat. Sect. 1. WHereas divers Iesuits Seminaries and Popish Priests dayly do withdraw many of his Majesties Subjects from the true Service of Almighty God and the Religion established within this Realm to the Romish Religion and from their Loyal Obedience to his Majesty and have of late secretly perswaded divers Recusants and Papists and encouraged and emboldened them to commit most damnable Treasons tending to the overthrow of Gods true Religion the destruction of his Majesty and his Royal Issue and the overthrow of the whole State and Commonwealth if God of his goodness and mercy had not within few hours before the intended time of the execution thereof revealed and disclosed the same wherefore to discover and prevent such secret damnable conspiracies and Treasons as hereafter may be put in ure by such evil disposed persons if remedy be not therefore provided Stat. Sect. 2. The reward of him which discovereth a Popish Priest or Mass Be it Enacted by the Kings most Excellent Majesty the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That such person as shall first discover to any Iustice of Peace any Recusant or other person which shall entertain or relieve any Iesuite Seminary or Popish Priest or shall discover any Mass to have beén said and the persons that were present at such Mass and the Priest that said the same or any of them within threé days next after the offence committed and that by reason of such discovery any of the said Offenders be taken and Convicted or Attainted That then the person which hath made such discovery shall not only be fréed from the danger and penalty of any Law for such offence if he be an Offender therein but also shall have the third part of the forfeiture of all such sums of Money Goods Chattels and Debts which shall be forfeited by such offence so as the same total forfeiture exceéd not the sum of One hundred and fifty pounds and if it excéed the sum of One hundred and fifty pounds the said person so discovering the said offence shall have the sum of Fifty pounds only for every such discovery And such person so discovering the same after conviction of the offender shall have a Certificate from the Iudges or Iustices of Peace before whom such Conviction shall happen to be directed to the Sheriff or other Officer of the same County Limit or Place that shall seize the Goods or levy the said forfeiture commanding the said Sheriff or other Officer to pay the same accordingly to him that so discovered the same out of the monies to be levyed by vertue of the said forfeitures which Warrant and payment shall be effectual in the Law for that purpose and a sufficient discharge in that behalf for the Sheriff or other Officer upon his Accompt Within threé days next after the Offence committed Discovery within what time So that if three days next after the Offence committed elapse before the discovery is made the discoverer shall have no benefit by this Act. And therefore if the person discovering had no notice of the Offence till the three days expire although he discovers it presently upon such notice given him yet he comes too late much less shall he have three days after notice as Wingate tit Crowne numb 128. mistakes the meaning of this Clause Commanding the said Sheriff or other Officer to pay the same In the late additions to Dalton cap. 81. tit Recusants Who is to pay the discoverer Sect. 57. 't is said that the Sheriff is to grant his Warrant for the payment of the discoverer but that is a misrecital of the Statute for the Sheriff himself is to pay him And whereas the repair of such evil affected persons to the Court or to the City of London may be very dangerous to his Majesties person and may give them more liberty to méet Stat. Sect. 3. A Popish Recusant shall not come to Court consult and plot their Treasons and practices against the State then if they should be restrained and confined unto their private Houses in the Country For remedy hereof Be it Enacted by the Authority aforesaid That no Popish Recusant Convicted or to be Convicted shall come into the Court or House where the Kings Majesty or his Heir apparent to the Crown of England shall be unless he be commanded so to do by the Kings Majesty his Heirs and Successors or by Warrant in writing from the Lords and others of the most Honourable Privy Council of the Kings Majesty his Heirs and Successors or any of them upon pain to forfeit for every time so offending one hundred pounds the one moiety to the Kings Majesty his Heirs and Successors the other moiety to him that will discover and sue for the same by Action of Debt Bill Plaint or Information in any one of his Majesties Courts of Record wherein no Essoign protection or wager