« PoprzedniaDalej »
· XXX. Papists [recusants convict] shall not present
and offices. XXXVI. (A) — shall not be executors, adminis
trators, or guardians. XXXVI. (B) — to enjoy lands, must take and sub- [ 115 ]
scribe the oath prescribed by 18G. 3. c.60.
ations of popish schools, monasteries, col
to the proper county.
XLV. Saving of the ecclesiastical jurisdiction. [XLVI. Summary of the 31 G. 3. c. 32.]
I. Papal incroachments in this realm.
1. THERE doth not appear much of the pope's power in this
- realm before the conquest. But the pope having favoured and supported king William the first in his invasion of this kingdom, took that opportunity of enlarging his incroachments, and in this king's reign began to send his legates hither; and prevailed with Henry the first to give up the donation of bishopricks; and in the time of king Stephen gained the prerogative
of appeals; and in the time of Henry the second exempted all clerks from the secular power. i Haw. 49, 50.
2. And not long after this, by a general excommunication of the king and people for several years, because they would not suffer an archbishop to be imposed upon them; king John was reduced to such straits, that he was obliged to surrender his kingdoms to the pope, and to receive them again, to hold of him for the rent of a thousand marks. i Haw. 50. .
3. And in the following reign of Henry the third ; partly from the profits of our best church benefices, which were generally given to Italians and others residing at the court of Rome, and partly from the taxes imposed by the pope, there went yearly out of the kingdom 70,0001., an immense sum in those days. 1 Haw. 50.
4. The nation, being under this necessity, was obliged to provide for the prerogative of the prince and the liberties of the people, by many strict laws; as will appear in the following sections. 1 Haw. 50.
[The rigour of these laws has been much softened by the 31 G. 3. c. 32. in favour of such papists as shall qualify themselves in the manner prescribed by that act; but such as shall refuse or neglect to take and subscribe the oath and declaration therein mentioned, (for which vid. infra, XLVI. and Daths, 20. B.) still remain liable to the penalties and inconveniences hereafter stated; some of which attach upon popish recusants, aud some upon popish recusants convict.]
[ 116 ]
II. Popish jurisdiction abolished. 1. Art. 37. The bishop of Rome hath no jurisdiction in this realm of England.
2. Can. 1. All ecclesiastical persons shall faithfully keep and observe, and (as much as in them lieth) shall cause to be observed and kept of others, all and singular laws and statutes made for restoring to the crown of this kingdom the ancient jurisdiction over the state ecclesiastical, and abolishing all foreign power repugnant to the same. And all ecclesiastical persons having cure of souls, and all other preachers and readers of divinity lectures, shall to the utmost of their wit, knowledge, and learning, purely and sincerely, without any colour of dissimulation, teach, manifest, open and declare, four times a year at least, in their sermons and other collations and lectures, that all usurped and foreign power (forasmuch as the same hath no establishment nor ground by the law of God) is for most just causes taken away and abolished; and that, therefore, nó manner of obedience or subjection is due unto any such foreign power. . 3. By the 26 H.8. c. 1. The king shall be taken as the only supreme head in earth of the church of England, and shall have and enjoy annexed to the imperial crown of this realm, all honours, dignities, pre-eminences, jurisdictions, privileges, authorities, immunities, profits, and commodities to the said dignity of supreme head of the same church belonging; and shall have power, from time to time, to visit, repress, redress, reform, order, correct, restrain, and amend all such errors, heresies, abuses, offences, contempts, and enormities, which by any spiritual authority may lawfully be reformed, repressed, ordered, redressed, corrected, restrained, or amended; any usage, custom, foreign laws, foreign authority, prescription, or any other thing to the contrary notwithstanding.
4. And by the 35 H.8. c.3. Whereas the king hath heretofore [un] been, and is justly, lawfully, and notoriously known, named, published, and declared to be king of England, France, and Ireland, defender of the faith, and of the church of England, and also of Ireland, in earth supreme head, and hath justly and lawfully used the title and name thereof; it is enacted, that all his majesty's subjects shall from henceforth accept and take the same his majesty's style as it is declared and set forth in manner and form following ; viz. Henry the eighth, by the grace of God, king of England, France, and Ireland, defender of the faith, and of the church of England, and also of Ireland, in earth the supreme head : and the said style shall be for ever united and annexed to the imperial crown of this realm.
5. And by the 1 Eliz. c. 1. To the intent that all the usurped and foreign power and authority, spiritual and temporal, may for ever be clearly extinguished, and never to be used or obeyed within this realm; it is enacted, that no foreign prince, person, prelate, state, or potentate, spiritual or temporal, shall at any time use, enjoy, or exercise any manner of power, jurisdiction, superiority, authority, pre-eminence, or privilege, spiritual or ecclesiastical, within this realm; but the same shall be clearly abolished for ever: any statute, ordinance, custom, constitutions, or any other matter or cause whatsoever to the contrary notwithstanding. $ 16.
And such jurisdictions, privileges, superiorities, and preeminences, spiritual and ecclesiastical, as by any spiritual or ecclesiastical power or authority hath been heretofore or may lawfully be exercised or used, for the visitation of the ecclesiastical state and persons, and for reformation, order, and correction of the same, and of all manner of errors, heresies, schisms, abuses, offences, contempts, and enormities, shall for ever be united and annexed to the imperial crown of this realm. $ 17.
And for the utter extinguishment of all foreign and usurped power and authority, it is enacted; that if any person shall by
writing, printing, teaching, preaching, express words, deed or act, advisedly, maliciously and directly affirm, hold, stand with, set forth, maintain or defend the authority, pre-eminence, power, or jurisdiction, spiritual or ecclesiastical, of any foreign prince, prelate, person, state, or potentate whatsoever, heretofore claimed, used, or usurped within this realm; or shall advisedly, maliciously, and directly put in use or execute any thing, for the extolling,
advancement, setting forth, maintenance or defence of any such [ 118 ] pretended or usurped jurisdiction, power, pre-eminence, and au
thority, or any part thereof; he, his abettors, aiders, procurers, and counsellors, being thereof attainted according to the true order and course of the common laws of this realm, shall for the first offence forfeit to the king all his goods and chattels, as well real as personal; and if he have not goods worth 201. he shall also be imprisoned for a year; and also all the ecclesiastical promotions of every spiritual person so offending shall be void : for the second offence shall incur a præmunire: and for the third offence shall be guilty of high treason. But no person shall be molested for any offence by preaching, teaching, or words, unless he be indicted within one half year. And no person shall be indicted or arraigned for any offence adjudged by this act, unless there be two sufficient witnesses or more, to testify the offence; and the said witnesses, or so many of them as shall be living, and within the realm at the time of the arraignment, shall be brought forth in person face to face to give evidence, if the party require it. And if any person shall happen to give relief, aid, or comfort, to a person offending in any such case of præmunire or treason; this shall not be taken to be an offence, unless there be two sufficient witnesses openly to testify, that the person had notice and knowledge of the offence committed. $ 27, 28, 29, 30, 31. 37, 38. And by the 23 El. c. 1. 98. The justices of the peace may inquire of offences within this act (but not hear and determine the same), within a year and a day after the offence committed.
6. And by the 5 El. c.1. (which act is required to be read at every quarter sessions, leet and law day, and once in every term in the open hall of every house of court and chancery), if any person shall by writing, printing, preaching, or teaching, deed or act, advisedly and wittingly hold or stand with, to extol, set forth, maintain, or defend the authority, jurisdiction, or power of the bishop of Rome or of his see, heretofore claimed, used, or usurped within this realm; or by any speech, open deed, or act, advisedly and wittingly attribute any such manner of jurisdiction, authority, or pre-eminence to the said bishop or see of Rome within this realm : he, his abettors, procurers, and counsellors, and also their aiders, assistants, and comforters, upon purpose and to the intent to set forth further and extol the said usurped power, being thereof lawfully indicted or presented within one year, and con
this person of person face to give
victed or attainted at any time after, shall incur á præmunire : And as well justices of assize in their circuits, as justices of the peace in their quarter or open sessions, may inquire thereof as of other offences against the peace, and shall certify every presentment thereof into the king's bench within forty days, if the term be then open; if not, at the first day of the full term next following the said forty days; on pain of 100l.: and the justices of the king's bench shall hear and determine the same, as in other cases of præmunire. And for the second offence, such person shall be guilty of high treason : But not to work corruption of blood, disherison of heirs, or forfeiture of dower. Provided that the charitable giving of reasonable alms to any offender, without fraud or covin, shall not be deemed any such abetment, procuring, counselling, aiding, assisting, or comforting, as thereby to incur any pain or forfeiture.
His abettors, procurers, and counsellors, and also their aiders, assistants, and comforters.] An indictment against any such person must be, knowing the principal to be a maintainer of the jurisdiction of the pope; and to say, against the form of the statute only, is not sufficient. iH.H. 332.
Charitable giving of reasonable alms.] This special clause of giving alms not to make an aider or comforter, if the alms be reasonable and without covin, though the offender be not imprisoned nor under bail, seems to be but agreeable to the common law; and therefore it seems even by the common law, if a physician or surgeon minister help to an offender sick or wounded, though he know him to be an offender even in treason, this makes him not a traitor, for it is done upon the account of common humanity; but it will be misprison of treason, if he know it, and do not discover him. H.H.332.
7. Finally, by the 3 Ja, c. 4. If any person shall, either upon the seas, or beyond the seas, or in any other place within the king's dominions, put in practice to absolve, persuade, or withdraw any of his majesty's subjects from their natural obedience, or to reconcile them to the pope or see of Rome, or to any other prince, state, or potentate; or shall be willingly so absolved or withdrawn as aforesaid, or willingly reconciled, or shall promise obedience to any such pretended authority, prince, state, or potentate; he, his procurers and counsellors, aiders and maintainers, knowing the same, shall be guilty of high treason. $ 22, 23.
But this shall not extend to any person who shall be reconciled to the pope or see of Rome (for and touching the point of so being reconciled only) that shall return into this realm, and [ 120 ] thereupon within six days before the bishop of the diocese or two justices of the peace of the county where he shall arrive, submit himself and take the oaths (of allegiance and supremacy, 1 W.