IMAGES IN CHURCHES. books and 2&3Ed.6,c.1. 3 & 4 EDWARD 6, CAP. 10.—An act for the abolishing and putting away of divers books and images.—Where the king's most excellent Certain majesty hath of late set forth and established by authority of parlia- images shall ment, an uniform, quiet and godly order for common and open prayer, be abolished. in a book, intituled, the book of common prayer and administration of 3 Jac. 1, c. 5. the sacraments, and other rites and ceremonies of the church, after the church of England, to be used and observed in the said church of England, agreeable to the order of the primitive church, much more comfortable under his loving subjects than other diversity of service, as heretofore of long time hath been used, being in the said book ordained, nothing to be read but the very pure word of God, or which is evidently grounded upon the same; and in the other, things corrupt, untrue, vain and superstitious, and as it were a preparation to superstition; which for that they be not called in, but permitted to remain undefaced, do not only give occasion to such perverse persons as do impugn the order and godly meaning of the king's said book of common prayer, to continue in their old, accustomed and superstitious service, but also minister great occasion to diversity of opinions, rites, ceremonies and services: be it therefore enacted by the king our sovereign lord, the lords spiritual and temporal, and the commons, in this present parliament assembled, that all books called Antiphoners, Missals, Grailes, Processionals, Manuals, Legends, Pies, Portuasses, Primers in Latin or English, Couchers, Journals, Ordinals or other books or writings whatsoever heretofore used for service of the church, written or printed in the English or Latin tongue, other than such as are or shall be set forth by the king's majesty, shall be by authority of this present act clearly and utterly abolished, extinguished and forbidden for ever to be used or kept in this realm, or elsewhere within any the king's dominions. taken out of, churches II. And be it further enacted by the authority aforesaid, that if Images any person or persons, of what estate, degree or condition soever he, or yet reshe or they be, body politic or corporate, that now have or hereafter maining in shall have in his, her or their custody, any the books or writings of shall be desthe sorts aforesaid, or any images of stone, timber, alabaster or earth, troyed. graven, carved or painted, which heretofore have been taken out of any church or chapel, or yet stand in any church or chapel, and do not before the last day of June next ensuing deface and destroy, or cause to be defaced and destroyed, the same images and every of them, and deliver or cause to be delivered all and every the same Popish books books to the mayor, bailiff, constable or churchwardens of the town delivered to where such books then shall be, to be by them delivered over openly the mayor, within three months next following after the said delivery, to the by him to the archbishop, bishop, chancellor or commissary of the same diocese, to bishop, &c. the intent the said archbishop, bishop, chancellor or commissary, and every of them, cause them immediately to be openly burnt or otherwise defaced and destroyed; shall for every such book or books shall be first &c. and then to be burnt or otherwise defaced. The penalty of mayor, &c. or bishop, &c. omitting their duty herein. Justices of assize and willingly retained in his, her or their hands or custody within this realm, or elsewhere within any the king's dominions, and not delivered as is aforesaid, after the said last day of June, and be thereof lawfully convict, forfeit and lose to the king our sovereign lord, for the first offence twenty shillings, and for the second offence shall forfeit and lose (being thereof lawfully convict) four pounds, and for the third offence shall suffer imprisonment at the king's will. III. And be it further enacted by the authority aforesaid, that if any mayors, bailiffs, constables or church wardens, do not within three months after receipt of the same books, deliver or cause to be delivered such books so by them received, to the archbishop, bishop, chancellor or commissary of their diocese; and if the said archbishops, bishops, chancellor or commissaries, do not within forty days after the receipt of such books, burn, deface and destroy, or cause to be burned, defaced or destroyed, the same books and every of them; that then they and every of them so offending, shall lose and forfeit to our sovereign lord the king, being thereof lawfully convict, forty pounds. The one half of all such forfeitures shall be to any of the king's subjects that will sue for the same in any of the king's courts of record, by bill, plaint, action of debt or information: in which action no essoin, protection, wager of law or other delay shall be allowed. IV. And for better execution of the same act, be it enacted by the peace shall authority aforesaid, that as well justices of assize in their circuits, as hear and de- justices of peace within the limits of their commission in their offences. general sessions, shall have full power and authority to inquire of the offences aforesaid, and to hear and determine the same, in such form as they may do in other such like cases. termine these Primers set out by H. 8, may be still retained. V. Provided also, and be it enacted by the authority aforesaid, being purged that any person or persons may use, keep, have and retain any primers in the English or Latin tongue, set forth by the late king of famous memory, king Henry the eighth, so that the sentences of invocation or prayer to saints in the same primers be blotted or clearly put out of the same; any thing in this act to the contrary notwithstanding. Images upon tombs shall VI. Provided always, that this act, or any thing therein contained, still remain. shall not extend to any image or picture set or graven upon any tomb in any church, chapel or church-yard, only for a monument of any king, prince, nobleman or other dead person, which hath not been commonly reputed and taken for a saint, but that such pictures and images may stand and continue in like manner and form as if this act had never been had nor made; any thing in this act to the contrary in anywise notwithstanding. [Repealed by 1 Mary, st. 2. c. 2, which act is repealed by 1 Jac. 1, c. 25, sec. 48.] 1 MARY, SESS. 2, CAP. 2.-A repeal of the statute 3 & 4 Edward 6, c. 10, made for the abolishing of divers books and images. 1 JAMES 1, CAP. 25, SEC. 48.-An act for continuing and reviving of divers statutes and for repealing of some others. XLVIII. Be it enacted by the authority of this present parlia1 M. sess. 2, ment, that an act made in the first year of the reign of queen Mary, intitled, an act for the repeal of certain statutes made in the time of king Edward the sixth, shall stand repealed and void. c. 2. JESUITS. and none realm. 27 ELIZABETH, CAP. 2.-An act against jesuits, seminary priests, and other such like disobedient persons.-Whereas divers persons called Jesuits and or professed jesuits, seminary priests and other priests, which have Priests in England been, and from time to time are made in the parts beyond the seas, shall depart, by or according to the order and rites of the Romish church, have of shall come late years come and been sent, and daily do come and are sent, into into this this realm of England and other the queen's majesty's dominions, of The penalty relieving purpose (as it hath appeared, as well by sundry of their own exami- form, &c. nations and confessions, as by divers other manifest means and proofs) The causes why jesuits not only to withdraw her highness' subjects from their due obedience and priests to her majesty, but also to stir up and move sedition, rebellion and do come into open hostility within the same her highness' realms and dominions, to the great endangering of the safety of her most royal person, and to the utter ruin, desolation and overthrow of the whole realm, if the same be not the sooner by some good means foreseen and prevented. this realm. realm. 336. II. For reformation whereof be it ordained, established and All jesuits and priests enacted by the queen's most excellent majesty, and the lords shall depart spiritual and temporal, and the commons, in this present parlia- forth of the ment assembled, and by the authority of the same parliament, that Poph. 93. all and every jesuits, seminary priests, and other priests whatsoever liale's p. c. made or ordained out of the realm of England or other her highness' dominions, or within any of her majesty's realms or dominions, by any authority, power or jurisdiction derived, challenged or pretended from the see of Rome, since the feast of the Nativity of Saint John Baptist in the first year of her highness' reign, shall within forty days next after the end of this present session of parliament depart out of this realm of England, and out of all other her highness' realms and dominions, if the wind, weather and passage shall serve for the same, or else so soon after the end of the said forty days as the wind, weather and passage shall so serve. priests shall this realm. III. And be it further enacted by the authority aforesaid, that it No jesuits or shall not be lawful to or for any jesuit, seminary priest, or other come into, such priest, deacon, or religious or ecclesiastical person whatsoever, or remain in being born within this realm, or any other her highness' dominions, and heretofore since the said feast of the Nativity of Saint John Baptist, in the first year of her majesty's reign, made, ordained or professed, or hereafter to be made, Brdained or professed, by any authority or jurisdiction derived, challenged or pretended from the see of Rome, by or of what name, title or degree soever the same shall be called or known, to come into, be or remain in any part of this realm, or any other her highness' dominions, after the end of the same forty days, other than in such special cases, and upon such special occasions only, and for such time only, as is expressed in this act; and if he do, that then every such offence shall be taken Receiving or relieving a jesuit or and adjudged to be high treason; and every person so offending shall for his offence be adjudged a traitor, and shall suffer, lose and forfeit, as in case of high treason. IV. And every person which after the end of the same forty days, and after such time of departure as is before limited and appointed, priest shall shall wittingly and willingly receive, relieve, comfort, aid or maintain be felony. any such jesuit, seminary priest or other priest, deacon or religious or ecclesiastical person, as is aforesaid, being at liberty, or out of hold, knowing him to be a jesuit, seminary priest or other such priest, deacon, or religious or ecclesiastical person, as is aforesaid, shall also for such offence be adjudged a felon, without benefit of clergy, and suffer death, lose and forfeit, as in case of one attainted of felony. They who be in semina tion return oath. V. And be it further enacted by the authority aforesaid, if any ries shall af- of her majesty's subjects (not being a jesuit, a seminary priest, or ter proclama- other such priest, deacon, or religious or ecclesiastical person, as is and take the before mentioned) now being, or which hereafter shall be of, or brought up in, any college of jesuits, or seminary already erected and ordained, or hereafter to be erected or ordained, in the parts beyond the seas, or out of this realm in any foreign parts, shall not within six months next after proclamation in that behalf to be made in the city of London, under the great seal of England, return into this realm, and thereupon within two days next after such return, before the bishop of the diocese, or two justices of peace of the county where he shall arrive, submit himself to her majesty and her laws, and take the oath set forth by act in the first year of her reign; that then every such person which shall otherwise return, come into, or be in this realm or any other her highness' dominions, for such offence of returning or being in this realm, or any other her highness' dominions, without submission, as aforesaid, shall also be adjudged a traitor, and suffer, lose and forfeit, as in case of high Sending relief to any son abiding in a semi nary. treason. VI. And be it further enacted by the authority aforesaid, if any jesuit, priest person under her majesty's subjection or obedience shall at any time or other per- after the end of the said forty days, by way of exchange, or by any other shift, way or means whatsoever, wittingly and willingly, either directly or indirectly, convey, deliver or send, or cause or procure to be conveyed or delivered, to be sent over the seas, or out of this realm, or out of any other her majesty's dominions or territories, into any foreign parts, or shall wittingly or willingly yield, give or contribute any money or other relief to or for any jesuit, seminary priest, or such other priest, deacon, or religious or ecclesiastical person, as is aforesaid; or to or for the maintenance or relief of any college of jesuits, or seminary already erected or ordained, or hereafter to be erected or ordained, in any the parts beyond the seas, or out of this realm in any foreign parts, or of any person then being of or in any the same colleges or seminaries, and not returned into this realm with submission, as in this act is expressed, and continuing in the same realm: that then every such person so offending, for the same offence shall incur the danger and penalty of a premunire, mentioned in the statute of premunire made in the sixteenth year of of the reign of king Richard the second. None shall beyond the licence. EXP. VII. And be it further enacted by the authority aforesaid, that it 16 R. 2, c. 5. shall not be lawful for any person of or under her highness' obedience, send his at any time after the said forty days, during her majesty's life (which child or other God long preserve) to send his or her child, or other person, being seas without under his or her government, into any the parts beyond the seas out of her highness' obedience, without the special licence of her majesty, 3 Jac. 1, c. 5. or of four of her highness' privy council, under their hands in that behalf first had or obtained (except merchants, for such only as they or any of them shall send over the seas only for or about his, her or their trade of merchandize, or to serve as mariners, and not otherwise) upon pain to forfeit and lose for every such their offence the sum of one hundred pounds. offences act shall be VIII. And be it also enacted by the authority aforesaid, that every Where the offence to be committed or done against the tenor of this act shall committed and may be inquired of, heard and determined, as well in the court against this commonly called the king's bench in the county where the same inquired of court shall for the time be, as also in any other county within this and deterrealm, or any other her highness' dominions where the offence is or shall be committed, or where the offender shall be apprehended and taken. mined. ing of jesuits, IX. Provided also, and be it enacted by the authority aforesaid, Transportthat it shall and may be lawful for and to every owner and master of priests, &c. any ship, bark or boat, at any time within the said forty days, or other time before limited for their departure, to transport into any the parts beyond the seas any such jesuit, seminary priest, or other priest aforesaid, so as the same jesuit, seminary priest, or other priest aforesaid so to be transported, do deliver unto the mayor or other chief officer of the town, port or place, where he shall be taken in to be transported, his name, and in what place he received such order, and how long he hath remained in this realm, or in any other her highness' dominions, being under her obedience. priest sub taking the laws. X. Provided also, that this act, or any thing therein contained, A jesuit or shall not in anywise extend to any such jesuit, seminary priest, or mitting himother such priest, deacon, or religious or ecclesiastical person, as is self, and before mentioned, as shall at any time within the said forty days, or oath and within three days after that he shall hereafter come into this realm, obeying the or any other her highness' dominions, submit himself to some archbishop or bishop of this realm, or to some justice of peace within the county where he shall arrive or land, and do thereupon truly and sincerely, before the same archbishop, bishop, or such justice of peace, take the said oath set forth in anno primo, and by writing 1 Eliz. c. 1. under his hand confess and acknowledge, and from thenceforth continue, his due obedience unto her highness' laws, statutes and ordinances, made and provided or to be made or provided in causes of religion. XI. Provided always, if it happen at any time hereafter any peer of this realm to be indicted of any offence made treason, felony or premunire, by this act, that he shall have his trial by his peers, as in other cases of treason, felony or premunire, is accustomed. XII. Provided nevertheless, and it is declared by authority aforesaid, that if any such jesuit, seminary priest, or other priest abovesaid, shall fortune to be so weak or infirm of body, that he or they may |