Page images
PDF
EPUB

IMAGES IN CHURCHES.

be abolished. .2 & 3Ed.6.c.l.

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 shal! ment, an uniform, quiet and godly order for common and open prayer, 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 Englanıl, 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.

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, taken out of, she 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 church wardens 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

or otherwise defaced.

herein.

termine these offences.

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. The penalty III. And be it further enacted by the authority aforesaid, that if or bishop.de: any mayors, bailiffs, constables or church wardens, do not within onitting three months after receipt of the same books, deliver or cause to be their duty

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. Justices of 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

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.

V. Provided also, and be it enacted by the authority aforesaid, out by H. 8, being purged that any person or persons may use, keep, have and retain any may be still retained. 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

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, č. 25, sec. 48.]

1 MARY, Sess. 2, CAP. 2.-A repcal 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 reriring 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.

Primers set

tombs shall

c. 2.

JESUITS.

and none

.

this realın,

336,

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 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 purpose (as it hath appeared, as well by sundry of their own exami- for relieving nations and confessions, as by divers other manifest means and proofs) The causes 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.

II. For reformation whereof be it ordained, established and all jesuits enacted by the queen's most excellent majesty, and the lords and priestere 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 hale'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.

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 price intoa such priest, deacon, or religious or ecclesiastical

whatsoever, 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

person

or remain in this realm.

oath.

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. Receiving or IV. And every person which after the end of the same forty days, relieving a jesuit or and after such time of departure as is before limited and appointed, be retola!! shall wittingly and willingly receive, relieve, comfort, aid or maintain 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 V. And be it further enacted by the authority aforesaid, if any ries shali 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

treason. Sending

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 sona sliding 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 alrcady 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 sccond.

relief to any

nary.

seas without

committed

priests, &c.

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 bis at any time after the said forty days, during her majesty's life (which childor other God long preserve) to send his or her child, or other person, being

beyond the under his or her government, into any the parts beyond the seas out licence. 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.

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 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. IX. Provided also, and be it enacted by the authority aforesaid, Transport

ing of jeeuits, that it shall and may be lawful for and to every owner and master of 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.

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 afore. said, 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

VOL. III.

P

« PreviousContinue »