XXXVI. (B) Papifts to enjoy lands, must take and XLI. Prefentment of papifts to the courts fpiritual and temporal. XLII. Information against papists not restrained to the proper county. XLIII. Peers how to be tried in cafes of recufancy. XLIV. Papifts conforming. XLV. Saving of the ecclefiaftical jurisdiction. [XLVI. Summary of the 31 G. 3. c. 32] I. Papal incroachments in this realm. 1.THER HERE doth not appear much of the pope's power in this realm before the conqueft. But the pope having favoured and fupported king William the firft in his invalion of this kingdom, took that opportunity of enlarging his incroachments, and in this king's reign. began to fend his legates hither; and prevailed with Henry the firft 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 fecond exempted all clerks from the fecular power. I Haw. 49, 50. 2. And not long after this, by a general excommunication of the king and people, for feveral years, because they would not fuffer an archbishop to be impofed upon them; king John was reduced to fuch ftraits, that he was obliged to furrender 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 refiding at the court of Rome, and partly from the taxes impofed by the pope, there went yearly out of the kingdom 70,000l. an immenfe fum in thofe days. Haw. 50. 4. The nation, being under this neceffity, was obliged to provide for the prerogative of the prince and the liberties of the people, by many ftrict laws; as will appear in the following fections. 1 Haw. 50. I 2 [The [The rigour of thefe laws has been much foftened by the 31 G. 3. c. 32. in favour of such papifts as fhall qualify themselves in the manner prescribed by that act; but fuch as fhall refufe or neglect to take and fubfcribe the oath and declaration therein mentioned, (for which vid. infra, XLVI. and Daths, 20. B.) ftill remain liable to the penalties and inconveniences hereafter ftated; fome of which attach upon popis recufants, and fome upon popish recufants convict.] II. Popish jurifdillion abolished. 1. Art. 37. The tihop of Rome hath no jurifdi&ion in this realm of England. 2. Can. 1. All ecclefiaftical perfons fhall faithfully keep and obferve, and (as much as in them lieth) fhall caufe to be obferved and kept of others, all and fingular laws and ftatutes made for reftoring to the crown of this kingdom the ancient jurifdiction over the ftate ecclefiaftical, and abolishing all foreign power repugnant to the fame. And all ecclefiaftical perfons having cure of fouls, and all other preachers and readers of divinity lectures, fhall to the utmoft of their wit knowledge and learning, purely and fincerely, without any colour of diffimulation, teach manifeft open and declare, four times a year at least, in their fermons and other collations and lectures, that all ufurped and foreign power (forafmuch as the fame hath no eftablishment nor ground by the law of God) is for most juft caufes taken away and abolished; and that therefore no manner of obedience or fubje&tion is due unto any such foreign power. 3. By the 26 H. 8. c. 1. The king fhall be taken as the only fupreme head in earth of the church of England, and fhall have and enjoy annexed to the imperial crown of this realm, all honours dignities preheminences jurif dictions privileges authorities immunities profits and commodities to the faid dignity of fupreme head of the fame church belonging; and fhall have power, from time to time, to vifit reprefs redrets reform order correct restrain and amend all fuch errors herefies abufes offences contempts and enormities, which by any fpiritual authority may lawfully be reformed repreffed ordered redreffed corrected restrained or amended; any ufage, cuftom, foreign laws, foreign aushority, prefcription, or any other thing to the contrary notwithstanding, 4. And by the 35 H. 8. c. 3. Whereas the king hath heretofore been and is juftly lawfully and notoriously known named publifhed and declared, to be king of England France and Ireland, defender of the faith, and of the church of England and alfo of Ireland in earth fupreme head, and hath juftly and lawfully ufed the title and name thereof; it is enacted, that all his majefty's fubjects fhall from henceforth accept and take the fame his majesty's ftyle as it is declared and fet 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 alf of Ireland in earth the fupreme head: and the faid ftyle fhall 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 ufurped and foreign power and authority, fpiritual and temporal, may for ever be clearly extinguifhed, and never to be used or obeyed within this realm; it is enacted, that no foreign prince perfon prelate state or potentate, spiritual or temporal, fhall at any time ufe enjoy or exercife any manner of power jurifdiction fuperiority authority preheminence or privilege, fpiritual or ecclefiaftical, within this realm; but the fame fhall be clearly abolished for ever any ftatute, ordinance, cuftom, conftitutions, or any other matter or caufe whatfoever to the contrary notwithstanding. f. 16. And fuch jurifdictions privileges fuperiorities and preheminences, ípiritual and ecclefiaftical, as by any fpiritual or ecclefiaftical power or authority hath been heretofore or may lawfully be exercifed or ufed, for the visitation of the ecclefiaftical state and perfons, and for reformation order and correction of the fame, and of all manner of errors herefies fchifms abufes offences contempts and enormities, fhall for ever be united and annexed to the imperial crown of this realm. f. 17. And for the utter extinguifhment of all foreign and ufurped power and authority, it is enacted; that if any perfon fhall by writing, printing, teaching, preaching, exprefs words, deed or act, adviledly maliciously and directly affirm hold ftand with fet forth maintain or defend the authority preheminence power or jurisdiction, spiritual or ecclefiaftical, of any foreign prince prelate person state or potentate whatsoever, heretofore claimed ufed or ufurped within this realm; or fhall advifedly maliciously and directly put in ure or execute any thing, for the extolling advancement fetting forth maintenance or defence of any 13 fuch fuch pretended or ufurped jurisdiction power preheminence and authority, or any part thereof; he, his abettors aiders procurers and counfellors, being thereof attainted according to the true order and courfe of the common laws of this realm, fhall for the firft offence forfeit to the king all his goods and chattels, as well real as perfonal; and if he have not goods worth 201. he shall also be imprifoned for a year; and alfo all the ecclefiaftical promotions of every fpiritual perfon fo offending fhall be void: for the fecond offence fhall incur a præmunire; and for the third offence fhall be guilty of high treafon. But no perfon fhall be molefted for any offence by preaching teaching or words, unlefs he be indicted within one half year. And no perfon fhall be indicted or arraigned for any offence adjudged by this act, unless there be two fufficient witneffes or more, to teftify the offence; and the faid witneffes, or fo many of them as fhall be living, and within the realm at the time of the arraignment, shall be brought forth in perfon face to face to give evidence, if the party require it. And if any perfon fhall happen to give relief aid or comfort, to a perfon offending in any fuch cafe of præmunire or treafon; this fhall not be taken to be an offence, unless there be two fufficient witnesses openly to testify, that the perfon had notice and knowledge of the offence committed. J. 27, 28, 29, 30, 31, 37, 38. And by the 23 El. c. 1. f. 8. The justices of the peace may inquire of offences within this act (but not hear and determine the fame), 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 feffions, leet and law day, and once in every term in the open ball of every boule of court and chancery,) if any perfon fhall by writing, printing, preaching or teaching, deed or aft, advisedly and wittingly hold or ftand with, to extol fet forth maintain or defend the authority jurifdiction or power of the bishop of Rome or of his fee, heretofore claimed, ufed or ufurped within this realm; or by any fpeech open deed or act, advisedly and wittingly attribute any fuch manner of jurifdiction authority or preheminence to the fad bishop or fee of Rome within this realm: he, his abet ors procurers and counfellors, and alfo their aiders affiftants and comforters, upon purpofe and to the intent to set forth further and extol the faid ufurped power, being thereof lawfully indicted or prefented within one year, and convicted or attainted at any time after, fhall incur a præmu II nire: nire: And as well juftices of affize in their circuits, as juftices of the peace in their quarter or open feffions, may inquire thereof as of other offences against the peace, and fhall certify every prefentment 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 faid forty days; on pain of 100l.: and the juftices of the king's bench fhall hear and determine the fame, as in other cafes of præmunire. And for the fecond offence, fuch perfon fhall be guilty of high treafon: But not to work corruption of blood, difherifon of heirs, or forfeiture of dower. Provided that the charitable giving of reafonable alms to any offender, without fraud or covin, fhall not be deemed any fuch abatement procuring counselling aiding affifting or comforting, as thereby to incur any pain or forfeiture. His abettors procurers and counsellors, and alfo their aiders affifants and comforters] An indictment against any fuch perfon must be, knowing the principal to be a maintainer of the jurifdiction of the pope; and to fay, against the form of the flatute only, is not fufficient. 1 H. H. 332. Charitable giving of reasonable alms] This fpecial clause of giving alms not to make an aider or comforter, if the alms be reasonable and without covin, tho' the offender be not imprisoned nor under bail, feems to be but agreeable to the common law; and therefore it feems even by the common law, if a phyfician or furgeon minifter help to an offender fick or wounded, tho' he know him to be an offender even in treafon, this makes him not a traytor, for it is done upon the account of common humanity; but it will be mifprifion of treafon, if he know it, and do not discover him. I H. H. 332. 7. Finally, by the 3 J. c. 4. If any perfon, fhall, either upon the feas, or beyond the feas, or in any other place within the king's dominions, put in practice to abfolve perfuade or withdraw any of his majesty's fubjects from their natural obedience, or to reconcile them to the pope or fee of Rome, or to any other prince ftate or potentate; or fhall be willingly fo abfolved or withdrawn as aforefaid, or willingly reconciled, or fhall promife obedience to any fuch pretended authority prince ftate or potentate; he, his procurers and counfellors, aiders and maintainers, knowing the fame, fhall be guilty of high treafon. . 22, 23 But this fhall not extend to any perfon who fhall be reconciled to the pope or fee of Rome (for and touching I 4 the |