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 Purchased   by  the 
 rs.    Robert-  Lenox    Kennedy  Church   History  Fund. 
 
 BR  741  .G3  1896   c.l 
 Gee,  Henry,  1858-1938. 
 Documents  illustrative  of 
 English  church  history 
 
 j.rc*//ic/crr.. 
 
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DOCUMENTS 
 
 ILLUSTRATIVE     OF    ENGLISH 
 CHURCH     HISTORY 
 
DOCUMENTS 
 
 ILLUSTRATIVE    OF    ENGLISH 
 CHURCH    HISTORY 
 
 COMPILED    FROM    ORIGINAL    SOURCES 
 
 BY 
 
 HENRY  "^GEE,   B.D.,   F.S.A. 
 
 AND 
 
 WILLIAM     JOHN     HARDY,    F.S.A. 
 
 HonDon 
 
 M  ACM  ILL  AN    AND    CO.,    Ltd. 
 
 NEW  YORK  :    MACMILLAN  &  CO. 
 1896 
 
HORACE    HART,    PRINTER    TO  THE   UNIVERSITY 
 
ADVERTISEMENT 
 
 I  CAN  confidently  say  that  this  is  a  Book  which 
 will,  and  indeed  must,  be  received  as  a  great  boon 
 by  English  Churchmen.  The  plan  on  which  it  is 
 conceived,  the  selection  of  documents  which  it 
 contains,  and  the  way  in  which  they  are  arranged 
 and  edited,  are  alike  very  good ;  and  the  result 
 is  a  practically  most  useful  volume.  I  hope  that 
 it  will  be  received  as  it  deserves. 
 
 W.  OXON. 
 
 Feb.  14,  1896. 
 
PREFACE 
 
 This  volume  of  '  Documents  Illustrative  of  English 
 Church  History '  has  been  compiled  in  order  to  meet 
 a  want  frequently  felt  by  students  who  desire  to  see 
 for  themselves  the  text  of  the  more  important  docu- 
 ments referred  to  in  the  course  of  their  readine. 
 
 It  was  obviously  impossible,  within  a  limited  space^ 
 to  include  all  such  documents  ;  but  we  hope  that  we 
 have  given  at  least  the  majority  of  those  of  primary 
 importance  which  are  of  a  later  date  than  the  Norman 
 Conquest.  Our  meagre  selection  prior  to  that  date 
 is  to  be  accounted  for  by  the  fact  that  our  original 
 scheme  was  to  include  nothing  earlier  than  the  year 
 1066  ;  but,  on  the  suggestion  of  Dr.  Bright,  Regius 
 Professor  of  Ecclesiastical  History  at  Oxford,  we 
 have  inserted  a  few  more  ancient  documents  which 
 are  intimately  connected  with  the  great  landmarks  in 
 our  early  Church  history. 
 
 In  making  our  selection  we  have  considered  not 
 only  general  theological  students,  but  also  those  who 
 may  desire  to  acquaint  themselves  more  fully  with 
 Church   history   at   the   chief  constitutional   epochs. 
 
vni 
 
 PREFACE 
 
 We  have,  therefore,  given  a  particularly  large  number 
 of  documents  belonging  to  the  sixteenth  and  seven- 
 teenth centuries. 
 
 We  have  not,  as  a  rule,  inserted  the  post-Refor- 
 mation canons  and  articles  of  religion  ;  not  merely 
 because  of  their  length,  but  on  account  of  their 
 being  contained  in  such  books  as  Hardwick's  History 
 of  the  Articles^  and  Walcott's  CaJtons  of  the  Church  of 
 England^  which  are  readily  accessible  works. 
 
 We  have  printed,  in  most  cases,  from  originals  or 
 nearly  contemporary  copies,  but  we  have  not  gone 
 behind  Haddan  and  Stubbs'  Coimcils  and  Ecclesiastical 
 Documents,  the  volumes  in  the  Rolls  Series,  or  the 
 official  edition  of  the  Statutes  of  the  Realm.  With 
 regard  to  the  last,  we  have  however,  in  cases  of  doubt, 
 referred  to  the  manuscript  source  from  which  they  were 
 printed.  We  have  thought  it  best  to  translate  docu- 
 ments written  in  Latin  or  Norman  French,  and  have 
 modernized  the  spelling  of  those  written  in  English. 
 
 We  desire  to  return  our  sincere  thanks  to  the  Bishop 
 of  Oxford,  to  Dr.  Bright,  and  to  Archdeacon  Perry 
 for  most  kindly  advising  us  as  to  the  list  of  docu- 
 ments we  proposed  to  include  in  this  volume.  To  the 
 Bishop  of  Oxford  we  are  further  indebted  for  reading 
 over  the  proof-sheets,  and  for  his  numerous  and  deeply 
 valued  suggestions  thereon. 
 
 HENRY  GEE. 
 W.  J.  HARDY. 
 
CONTENTS 
 
 NUMBER 
 I. 
 II. 
 III. 
 
 XVI. 
 
 314- 
 598. 
 
 601. 
 
 IV.      601. 
 
 V. 
 
 673- 
 
 VI. 
 
 680. 
 
 VII. 
 
 747- 
 
 VIII. 
 
 787. 
 
 IX. 
 
 803. 
 
 X. 
 
 855. 
 
 XI. 
 
 927. 
 
 XII. 
 
 943- 
 
 XIII. 
 
 1072. 
 
 XIV. 
 
 1075- 
 
 XV. 
 
 1076? 
 
 XVII. 
 
 ? 
 
 XVIII. 
 
 IIOO. 
 
 XIX. 
 
 1102. 
 
 XX. 
 
 II07. 
 
 XXI. 
 
 1 108. 
 
 XXII. 
 
 II36. 
 
 XXIII. 
 
 1 164. 
 
 XXIV. 
 
 1208. 
 
 XXV. 
 
 I2I3. 
 
 XXVI. 
 
 I2I4. 
 
 The  British  Signatories  at  the  Council  of  Aries 
 Letter  of  Gregory  the  Great  to  Eulogius 
 Answers  of  Gregory  the  Great  to  St.  Augustine 
 
 of  Canterbury     .... 
 Gregory  the  Great's  Scheme  of  English  Diocesan 
 
 Organization  .... 
 Council  of  Hertford 
 Council  of  Hatfield 
 The  Canons  of  Cloveshoo 
 Synods  held  at  Chelsea  and  elsewhere 
 Abolition  of  the  Metropolitan  Dignity  of  Lichfield 
 The  Donation  of  Ethelwulf  . 
 Tithe  Ordinance  of  Athelstan 
 Selections  from  the  Constitutions  of  Odo 
 Settlement  of  the  Primacy  Dispute 
 Canons  of  the  Council  of  London  under  Lanfranc 
 Letter  of  William   the  Conqueror  to  Pope  Gre 
 
 gory  Vn 
 
 The  Conqueror's  Mandate  for  dividing  the  Civil 
 
 and  Church  Courts     . 
 William  and  the  Ro3'al  Supremacy 
 Henry's  Letter  to  Anselm 
 Canons  of  the  Council  of  Westminster 
 The  Compromise  of  Investitures    . 
 Canons  of  Anselm  at  London 
 Second  Charter  of  Stephen    . 
 The  Constitutions  of  Clarendon     . 
 Answer  of  Innocent  III  concerning  the  Interdict 
 John's  Surrender  of  the  Kingdom  to  the  Pope 
 John's  Ecclesiastical  Charter 
 
 PAGE 
 I 
 2 
 
 9 
 10 
 
 13 
 15 
 32 
 
 45 
 47 
 49 
 50 
 52 
 54 
 
 56 
 
 57 
 58 
 
 59 
 61 
 
 63 
 64 
 66 
 68 
 73 
 75 
 77 
 
CONTENTS 
 
 NUMBER 
 
 DATE 
 
 XXVII. 
 
 I2I5. 
 
 XXVIII. 
 
 1279. 
 
 XXIX. 
 
 1285. 
 
 XXX. 
 
 1295- 
 
 XXXI, 
 
 1296. 
 
 XXXII. 
 
 I30I. 
 
 XXXIII. 
 
 1307. 
 
 xxxiv. 
 
 I3I6. 
 
 XXXV. 
 
 1353- 
 
 XXXVI. 
 
 1377- 
 
 XXXVII. 
 
 1382. 
 
 fCXXVIII. 
 
 1384. 
 
 XXXIX. 
 
 1390. 
 
 XL. 
 
 1393- 
 
 XLI. 
 
 1394- 
 
 XLII. 
 
 I40I. 
 
 XLIII. 
 
 I40I. 
 
 .   XLIV. 
 
 1428. 
 
 XLV.     1455. 
 
 XLVI. 
 
 1532. 
 
 XLVII. 
 
 1532. 
 
 XLVIII. 
 
 1532. 
 
 XLIX. 
 
 1532. 
 
 L. 
 
 1533. 
 
 LI. 
 
 1534- 
 
 LII. 
 
 1534. 
 
 LIU. 
 
 1534- 
 
 LIV. 
 
 1534- 
 
 LV. 
 
 1534- 
 
 LVI. 
 
 1534- 
 
 LVII. 
 
 1534. 
 
 LVIII. 
 
 1534- 
 
 LIX. 
 
 1534. 
 
 LX. 
 
 1534? 
 
 LXI.     1536. 
 
 The  Church  Clauses  of  Magna  Carta 
 The  Mortmain  Act      .         .         .         . 
 The  Writ  '  Circumspecte  agatis ' 
 Ecclesiastical  Summons  to  Parliament 
 The  '  Clericis  Laicos '  Bull 
 The  Barons'  Letter  to  the  Pope  from  Lincoln 
 The  Statute  of  Carlisle       .... 
 The  *  Articuli  Cleri '  of  a.  d.  1316 
 The  First  Statute  of  Praemunire 
 Letter  of  Pope  Gregory  XI  to  Archbishop  Sud- 
 bury, and  the   Bishop   of  London,  directing 
 
 proceedings  against  Wycliffe . 
 Wycliffe  Propositions  condemned  at  London 
 Letters  Patent  against  the  Lollards    . 
 The  Second  Statute  of  Provisors 
 The  Second  Statute  of  Praemunire 
 The  Lollard  Conclusions    . 
 The  Act '  De  Haeretico  Comburendo ' 
 The  Royal  Writ  for  the  Burning  of  Sawtre 
 Remonstrance  against  the  Legatine  Powers  of 
 
 Cardinal  Beaufort  .... 
 Archbishop  Bourchier's  Commission  for  Reform 
 
 ing  the  Clergy         .... 
 The  Petition  of  the  Commons     . 
 The  Answer  of  the  Ordinaries  . 
 The  Submission  of  the  Clergy   . 
 The  Conditional  Restraint  of  Annates 
 The  Restraint  of  Appeals  . 
 The  Submission  of  the  Clergy  and  Restraint  of 
 
 Appeals  .         .         .         .         . 
 The  Ecclesiastical  Appointments  Act,  &c. 
 Act    forbidding    Papal    Dispensations    and 
 
 Payment  of  Peter's  Pence      .         .    ^f'»^ ' 
 The  First  Act  of  Succession 
 The  Supremacy  Act  ..... 
 The  Second  Act  of  Succession  . 
 The  Treasons  Act       ..... 
 Abjuration  of  Papal  Supremacy  by  the  Clergy 
 Suffragan  Bishops  Act        .... 
 Note  on  the  Appointment  of  Crumwell  as  Vicar 
 
 General  ....... 
 
 Act  for  the  Dissolution  of  the  Smaller  Monas 
 
 teries       .......' 
 
 the 
 
 79 
 81 
 
 83 
 85 
 87 
 89 
 
 92 
 
 96 
 
 103 
 
 105 
 108 
 110 
 112 
 122 
 126 
 
 133 
 138 
 
 139 
 
 141 
 145 
 154 
 176 
 178 
 187 
 
 195 
 201 
 
 209 
 232 
 
 243 
 
 244 
 
 247 
 251 
 253 
 
 256 
 257 
 
CONTENTS 
 
 XI 
 
 NUMBER 
 
 DATE 
 
 LXII. 
 
 1536. 
 
 LXIII. 
 
 1538. 
 
 LXIV. 
 
 1539. 
 
 LXV. 
 
 1539- 
 
 LXVI. 
 
 1540- 
 
 ~"   LXVIl. 
 
 1547- 
 
 LXVIII. 
 
 1547- 
 
 LXIX. 
 
 1549. 
 
 LXX. 
 
 1549. 
 
 LXXI. 
 
 1552. 
 
 L±XII. 
 
 1553. 
 
 LXXIII. 
 
 1553. 
 
 LXXIV. 
 
 1554- 
 
 LXXV. 
 
 1554- 
 
 LXXVI. 
 
 1554- 
 
 LXXVII. 
 
 1558. 
 
 LXXVIII. 
 
 1559- 
 
 LXXIX. 
 
 1559- 
 
 LXXX. 
 
 1559- 
 
 LXXXI. 
 
 1566. 
 
 LXXXII. 
 
 1571. 
 
 LXXXIII. 
 
 1571. 
 
 LXXXIV. 
 
 1583- 
 
 LXXXV. 
 
 1585. 
 
 LXXXVI. 
 
 1593- 
 
 LXXXVII. 
 
 1593- 
 
 LXXXVIII. 
 
 1603. 
 
 LXXXIX. 
 
 1604. 
 
 XC. 
 
 1622, 
 
 XCI. 
 
 1628. 
 
 XCII. 
 
 1629. 
 
 XCIII. 
 
 1633- 
 
 XCIV, 
 
 1633 
 
 The  First  Royal  Injunctions  of  Henry  VIII 
 The  Second  Royal  Injunctions  of  Henry  VIII 
 Act  for  the  Dissolution  of  the  Greater  Monas- 
 teries    ....... 
 
 The  Six  Articles  Act 
 
 Deed  of  Surrender  of  Westminster  Abbey 
 Act  against  Revilers,  and  for  Receiving  in  both 
 
 Kinds    .         .         .         . 
 Act  dissolving  the  Chantries    . 
 The  First  Edvs^ardine  Act  of  Uniformity  . 
 Marriage  of  Priests  legalized    . 
 The  Second  Edwardine  Act  of  Uniformity 
 Mary's  First  Proclamation  about  Religion 
 Mary's  First  Act  of  Repeal 
 The  Injunctions  of  Mary 
 Revival  of  the  Heresy  Acts 
 Mary's  Second  Act  of  Repeal  . 
 Elizabeth's    Proclamation    to   forbid    Preach 
 
 ing,  &c. 
 
 The  Injunctions  of  Elizabeth   . 
 
 Elizabeth's  Supremacy  Act  restoring  Ancient 
 
 Jurisdiction,  &c.    ..... 
 
 Elizabeth's  Act  of  Uniformity  . 
 
 The  Advertisements  .... 
 
 Selection  from  the  Canons  of  1571  . 
 
 The  Subscription  (Thirty-nine  Articles)  Act 
 
 Articles  touching  Preachers  and  other  Orders 
 
 for  the  Church       ..... 
 Act  against  Jesuits  and  Seminarists 
 The  Act  against  Puritans 
 The  Act  against  Recusants 
 The  Millenary  Petition    .... 
 James'  Proclamation  for  the  Use  of  the  Boo 
 
 of  Common  Prayer        .... 
 Directions  concerning  Preachers 
 The  King's  Declaration  prefixed  to  the  Articles 
 
 of  Religion     ...... 
 
 Resolutions  on  Religion  presented  by  a  Com 
 
 mittee  of  the  House  of  Commons 
 The  King's  Majesty's  Declaration  to  his  Sub 
 
 jects  concerning  Lawful  Sports  to  be  used 
 The  Privy  Council   and  the   Position  of  the 
 
 Communion  Table  at  St.  Gregory's 
 
 PAGE 
 269 
 
 275 
 
 281 
 303 
 
 322 
 328 
 358 
 366 
 
 369 
 
 373 
 377 
 380 
 
 384 
 
 385 
 
 416 
 417 
 
 442 
 458 
 467 
 476 
 477 
 
 481 
 
 485 
 492 
 498 
 508 
 
 512 
 516 
 
 518 
 
 521 
 
 528 
 
 533 
 
xu 
 
 CONTENTS 
 
 NUMBER  DATE 
 
 xcv.  1640. 
 
 xcvi.  1640. 
 
 xcvii.  1640. 
 
 xcviii.  1641. 
 
 xcix.  1641. 
 
 c.  1641. 
 
 CI. 
 
 1 641. 
 
 CI  I. 
 
 1641. 
 
 CHI. 
 
 1641. 
 
 CIV. 
 
 1642. 
 
 CV. 
 
 1642. 
 
 CVI, 
 
 1642-6 
 
 evil. 
 
 1643. 
 
 CVIII. 
 
 1649. 
 
 CIX. 
 
 1650. 
 
 ex. 
 
 1653- 
 
 CXI. 
 
 1654. 
 
 exii. 
 
 1655- 
 
 CXIII. 
 
 1657- 
 
 CXIV. 
 
 1660. 
 
 CXV. 
 
 1661. 
 
 CXVI. 
 
 1661. 
 
 exvii. 
 
 1662. 
 
 CXVIII. 
 
 1665. 
 
 exix. 
 
 1670. 
 
 exx. 
 
 1673. 
 
 exxi. 
 
 1687. 
 
 exxii. 
 
 1689. 
 
 CXXIII. 
 
 1689. 
 
 exxiv. 
 
 1700. 
 
 Note  on  the  Canons  of  1640 
 
 The  Etcaetera  Oath     . 
 
 The  Root  and  Branch  Petition  . 
 
 The  Protestation  of  1641    . 
 
 Act   for  the   AboHtion   of  the  Court   of  High 
 
 Commission     ...... 
 
 Resolutions  of  the  House  of  Commons  on  Eccle 
 
 siastical  Innovations         .... 
 Order  of  the  Lords  concerning  the  Services  o 
 
 the  Church      ...... 
 
 Selections   from   the   Petition    and   the    Grand 
 
 Remonstrance         .... 
 The  King's  Proclamation  on  Religion 
 The  Clerical  Disabilities  Act 
 The    Declaration    of    the    Houses    on    Church 
 
 Reform   ....... 
 
 Selection   from   the  York,   Oxford,  and    New 
 
 castle  Propositions  .... 
 
 The  Solemn  League  and  Covenant    . 
 Selections  from  the  Agreement  of  the  People 
 The  Engagement         ..... 
 Selections  from  the  Instrument  of  Government 
 The  Commission  of  Triers 
 Selection  from  Cromwell's  Proclamation 
 Selections  from  the  Humble  Petition  and  Advice 
 The  Declaration  of  Breda 
 Order  for  the  Savoy  Conference 
 The  Corporation  Act 
 The  Uniformity  Act  . 
 The  Five  Mile  Act      . 
 The  Second  Conventicle  Act 
 The  Test  Act      .... 
 The  Declaration  of  Indulgence  . 
 The  Bill  of  Rights      . 
 The  Toleration  Act     . 
 The  Act  of  Settlement 
 
 PAGE 
 
 535 
 536 
 537 
 545 
 
 547 
 
 551 
 
 553 
 
 553 
 562 
 
 563 
 
 565 
 
 565 
 569 
 
 574 
 575 
 576 
 
 577 
 582 
 
 583 
 585 
 588 
 
 594 
 600 
 620 
 623 
 632 
 641 
 645 
 654 
 664 
 
DOCUMENTS 
 
 ILLUSTRATIVE   OF  THE  HISTORY  OF 
 THE  ENGLISH  CHURCH 
 
 I. 
 
 THE  BRITISH  SIGNATORIES  AT  THE 
 COUNCIL  AT  ARLES,  a.  d.  314. 
 
 This  document,  although  referring  strictly  to  the  British  Church,  314. 
 is  inserted  here  for  convenience  sake.  It  is  printed-  by  Haddan  and 
 Stubbs,  i,  7,  from  Labbe,  i.  1430.  Labbe  gets  it  from  a  Corbey  MS. 
 See  a  discussion  of  its  value  in  H.  and  S.  /.  c.  Towards  the  latter 
 part  of  the  signatures  to  the  Canons  of  Aries,  and  inserted  amongst 
 the  Galilean  Bishops,  occur  the  following  names  : — 
 
 Eborius,  Bishop  of  the  City  of  York  in  the  province  of 
 Britain. 
 
 Restitutus,  Bishop  of  the  City  of  London  in  the  province 
 above  w^ritten. 
 
 Adelfius,  Bishop  of  the  City  Colonia  Londinensium  (see 
 this  discussed  in  Bright,  Early  English  Church  His- 
 tory, p.  9). 
 
 Sacerdos,  Priest ;  Arminius,  Deacon. 
 
 B 
 
DOCUMENTS  ILLUSTRATIVE   OF  THE       [ii 
 
 II. 
 
 LETTER  OF  GREGORY  THE  GREAT 
 TO   EULOGIUS,  A.D.  598. 
 
 50S.  The  following  extract  is  taken  from  a  letter  in  which  Gregory  tells 
 
 .  Eulogius,  Patriarch  of  Alexandria,  of  the  successful  w^orlc  carried  on 
 by  St.  Augustine  of  Canterbury.  The  date  is  discussed  by  H.  and  S. 
 iii.  14.     The  letter  occurs  in  Gregory's  Epistles,  vii.  30. 
 
 [Tr.  H.  and  S.  iii.  12.] 
 
 This  news       Gregory  to  Eulogius,   bishop  of  Alexandria.   .  .   .   Now 
 
 lor^th^t^T  ^^^"^^^  ^'^  ^^^  good  deeds  which  you  do,  that  really  grows 
 
 Eulogius,    which  you  rejoice  over  with  others  as  well,  I   return  your 
 
 favour  to  you  and  give  you   news    not    unlike,   how  that 
 
 whilst  the  people  of  the  English,  placed  in  a  corner  of  the 
 
 world,  still  remained  without  faith  in  the  worship  of  stocks 
 
 and  stones,  I   resolved  with  the  aid  of  your   prayer   that 
 
 I  ought  to  send  to  it  with  God's  assistance  a  monk  from 
 
 and  con-     my  monastery  to  preach.     He,  by  licence  given  from  me, 
 
 cerns  the    ^^g  made  bishop  by  the  bishops  of  the  Germanics  (Ger- 
 
 mission  . 
 
 andsuccess  maniarum)  and  with  their  encouragement  was  brought  on 
 
 ot  Augus-    Yns  way  to  the  people  aforesaid  in  the  ends  of  the  world ; 
 
 and  now  already,  writings  have  reached  us  concerning  his 
 
 safety  and  work,  how  that  both  he  and  they  who  were  sent 
 
 who  is  now  with  him  are  radiant  with  such  great  miracles  amongst  this 
 
 bishop  and  g^^^-^-jg  people,  that  they  seem  to  imitate  the  powers  of  the 
 IS  noton-  IT      sr     •>  J  ^  i 
 
 ousfor        apostles  in  the  signs  that  they  display.      Indeed,  on  the 
 
 miracles,     solemn  feast  of  the  Lord's  Nativity  now  past  in  this  first 
 
 indiction,  more  than  ten  thousand  Angles,  it  is  announced, 
 
 were  baptized  by  the  same  our  brother  and  fellow-bishop. 
 
 His  sue-      And  this  I  have  told  that  you  may  know  what  you  do 
 
 cess  IS  an    ai-^ong  the  people  of  Alexandria  by  speaking,  and  what  in 
 
 the  prayers  the  ends  of  the  world  by  prayer.     For  your  prayers  are  in 
 
 of  Eulo-      ^Y\^^  place  where  you  are  not,  whilst  your  holy  deeds  are 
 
 exhibited  in  that  place  where  you  are. 
 
Ill]      HISTORY  OF  THE  ENGLISH  CHURCH 
 
 III. 
 
 ANSWERS  OF  GREGORY  THE  GREAT  TO 
 
 ST.  AUGUSTINE  OF  CANTERBURY, 
 
 A.  D.  601. 
 
 These  answers  are  translated  from  Bede,  H.  E.  i.  27.     They  occur        601. 
 also  in  Gregory's  Letters,  xi.  64.    Their  date  is  given  in  the  document 
 as  601.     Augustine  had  written  about  598.     The  date  is  discussed  by 
 Dr.  Bright,  E.  E.  C.  H.,  p.  57. 
 
 [Tr.  Bede.] 
 
 The   First    Question    of  St.  Augustine,   bishop    of  the  i.  Con- 
 Church  of  Canterbury  :  Concerning  bishops,  on  what  terms  chu,l"jf 
 they  should  live  with  their  clergy  ?  into  how  many  portions  contribu- 
 are  the  offerings  of  the  faithful  to  the  altar  to  be  divided  ?  i^°"uaTrt- 
 and  how  is  the  bishop  to  act  in  the  Church  ?  lation  of 
 
 "  shop 
 
 'i-gy 
 
 Gregory,   Pope   of  the   City  of  Rome,   answ^ers :    Holy  ^]^^^°P^" 
 writ,  in  which  no  doubt  you  are  well  versed,  testifies,  and 
 particularly    St.   Paul's    Epistle    to   Timothy,    wherein    he 
 endeavours  to  instruct  him  how  he  should  behave  himself 
 in  the  house  of  God,  answers  this  question.     But  it  is  the 
 custom  of  the  Apostolic  See  to  prescribe  rules  to  bishops  The  con- 
 newly  ordained,  that  all  emoluments  which  accrue,  are  to  Jq^^^^^'J^jj. 
 be   divided  into   four  portions ; — one  for  the  bishop  and  ed  into 
 his  household,  because  of  hospitality  and  entertainment ;  ^°'"'  P'^''^"'- 
 another  for  the  clergy;    a  third  for  the  poor;    and  the 
 fourth  for  the  repair  of  churches.     But  in  regard  that  you 
 my  brother— being  brought  up  under  monastic  rules,  are 
 not  to  live  apart  from  your  clergy  in  the  English  Church,  ^'J^"j^*J"^ 
 which,  by  God's  assistance,  has  been  lately  brought  to  the  ^^jth  his 
 faith— you   are    to   follow    that   course    of  hfe   which  our  clergy, 
 forefathers  did  in  the  time  of  the  primitive  Church,  when 
 none  of  them  said  anything  that  he  possessed  was  his  own, 
 but  all  things  were  in  common  among  them. 
 
 B  2 
 
4  DOCUMENTS  ILLUSTRATIVE  OF  THE       [iii 
 
 601.  But  if  there  are  any  clerks  not  received  into  holy  orders, 
 
 Clerks  in     who  cannot  live  continent,   they  are  to  take  wives,  and 
 
 orders  may  ^^ceive   their   stipends   abroad ;    because   we    know   it   is 
 
 live  as         written  in  the  authorities  above  mentioned,  that  a  distri- 
 
 men  vet     bution  was  made  to  each  of  them  according  to  his  wants. 
 
 under  rule.  Care  is  also  to  be  taken  of  their  stipends,  and  provision 
 
 to  be  made,  and  they  are  to  be  held  under  ecclesiastical 
 
 rule,  that  they  may  live  orderly,  and  attend  to  singing  of 
 
 psalms,  and,  by  the  help  of  God,  preserve  heart,  and  tongue, 
 
 and  body  from  all  that  is  unlawful.     But  as  for  those  that 
 
 live  in  common,  why  need  we  say  anything  of  assigning 
 
 portions,    or    keeping    hospitality   and    exhibiting   mercy  ? 
 
 inasmuch  as  all  that  can  be  spared  is  to  be  spent  in  pious 
 
 and  religious  works,  according  to  the  commands  of  Him 
 
 who  is  the  Lord  and  Master  of  all :   '  What  remains  give 
 
 in  alms,  and  behold  all  things  are  clean  unto  you.' 
 
 2.  Con-  Augustine's  Second  Question :  Whereas  the  faith  is  one 
 L^tur^f  1  ^^^  ^^^  same,  are  there  different  customs  in  different 
 differences.  Churches?    and  is  one  custom  of  masses  observed  in  the 
 
 Holy  Roman  Church,  and  another  in  that  of  the  Gauls  ? 
 Hereapru-      Pope    Gregory    answers  :    You    know,    my  brother,   the 
 ent  seec-  q^s^-qj-q  of  the  Roman  Church,  in  which  you  remember  you 
 
 tion  IS  to  . 
 
 be  allowed,  were  bred  up.  But  it  pleases  me,  that  if  you  have  found 
 anything,  either  in  the  Roman  [Church]  or  [that]  of  the 
 Gauls,  or  any  other  Church,  which  may  be  more  acceptable 
 to  Almighty  God,  you  carefully  make  choice  of  the  same, 
 and  sedulously  teach  the  Church  of  the  English,  which  as 
 yet  is  new  in  the  faith,  whatsoever  you  can  gather  from 
 the  several  Churches.  For  things  are  not  to  be  loved  for 
 the  sake  of  places,  but  places  for  the  sake  of  good  things. 
 Choose,  therefore,  from  each  Church  those  things  that  are 
 pious,  religious,  and  correct,  and  when  you  have,  as  it 
 were,  made  them  up  into  one  body,  let  the  minds  of  the 
 English  be  accustomed  thereto. 
 
 3.  Con-  Augustine's  Third  Question  :    I  beseech  you  to  inform 
 
 cerning  o  >c  j 
 
Ill]       HISTORY  OF  THE  ENGLISH  CHURCH  5 
 
 me  what  punishment  must  be  inflicted  if  any  one  shall       601. 
 take  anything  by  theft  from  the  Church  ?  cases  of 
 
 Gregory  answers :  You  may  judge,  my  brother,  by  the  theChurdl. 
 person  of  the  thief,  in  what  manner  he  is  to  be  corrected. 
 For  there  are  some  who,  having  substance,  commit  theft;  Here  mo- 
 and  there  are  others  who  transgress  in  this  point  through  ^'J^^  ^''^  ^° 
 want ;  Wherefore  it  is  requisite,  that  some  be  punished  by  tinguished 
 fine,  others  with  stripes;    some  with  greater  severity,  and 
 some  more  mildly.      And  when  greater  severity  is  used, 
 it  is  to  proceed  from  charity,  not  from  passion  ;  because 
 this  is  done  to  him  who  is  corrected,  that  he  may  not  be 
 delivered  up  to  hell-fire.     For  it  behoves  us  to  maintain  and  disci- 
 discipline  among;  the  faithful,  as  G:ood  parents  do  with  their  ^  '"^,^°   \ 
 
 ^  '^  J         o  r-  maintained 
 
 children  after  the  flesh,  whom  they  punish  with  stripes  for  accord- 
 their  faults,  and  yet  design  to  make  those  their  heirs  whom  "^^  ^' 
 they  chastise ;    and  they   preserve  what  they  possess   for 
 those  whom  they  seem  in  anger  to  punish.     This  charity 
 is,  therefore,  to  be  kept  in  view,  and  it  dictates  the  measure 
 of  the   punishment,   so   that   the   mind   may  do   nothing  and  resti- 
 beyond  the  rule  of  reason.     You  may  add,  that  they  ought  ^^^^^^  ° 
 to  restore  those  things  which  they  have  stolen  from  the 
 Church.     But,  God  forbid  that  the  Church  should  receive 
 increase  from  those  earthly  things  w^hich  it  seems  to  lose, 
 or  seek  gain  out  of  such  vain  things. 
 
 Augustine's  Fourth  Question  :  Whether  two  brothers  may  4.  Two 
 marry  two  sisters,  which  are  of  a  family  far  removed  from  ^"°y^^^a^,.,.y 
 themselves  ?  two  sisters 
 
 Gregory  answers:    This    may   assuredly   be   done;    ^ox^'^^^^^^^ 
 nothing  is  found  in  holy  writ  that  seems  to  contradict  it.        them. 
 
 Augustine's  Fifth  Question :    To  what  degree  may  the  5-  Conj 
 faithful  marry  with  their  kindred  ?  and  whether  it  is  lawful  ^^a"ria|e 
 for   men    to    marry   their    stepmothers    and    sisters-in-law  with  a 
 
 ''  step- 
 
 [cognatis]  ?  mother  or 
 
 Gregory  answers  :  A  certain  worldly  law  in  the  Roman  sister-in- 
 Commonwealth   allows,   that   the   son  and  daughter  of  a  ^^''' 
 
DOCUMENTS  ILLUSTRATIVE   OF  THE       [iii 
 
 601. 
 
 Marriage 
 with 
 
 cousins  is 
 legal  but  to 
 be  depre- 
 cated ; 
 
 with  a 
 mother-in- 
 law  it  is 
 criminal  ; 
 
 with  a 
 sister  in- 
 law too. 
 
 Those  who 
 have  con- 
 tracted 
 illicit 
 unions, 
 when 
 heathen, 
 are  to  re- 
 voke them. 
 
 brother  and  sister,  or  of  two  brothers,  or  two  sisters,  may 
 be  joined  in  matrimony ;  but  we  have  found,  by  experience, 
 that  the  offspring  of  such  wedlock  cannot  thrive  ;  and  the 
 Divine  Law  forbids  a  man  to  '  uncover  the  nakedness  of 
 his  kindred.'  Hence  of  necessity  they  must  be  of  the  third 
 or  fourth  generation  of  the  faithful,  that  can  be  lawfully 
 joined  in  matrimony ;  for  the  second,  which  we  have 
 mentioned,  must  altogether  abstain  from  one  another.  To 
 marry  with  one's  stepmother  is  a  heinous  crime,  because 
 it  is  written  in  the  Law,  'Thou  shalt  not  uncover  the 
 nakedness  of  thy  father ' :  now  the  son,  indeed,  cannot 
 uncover  his  father's  nakedness ;  but  in  regard  that  it  is 
 WTitten,  '  They  shall  be  two  in  one  flesh,'  he  that  presumes 
 to  uncover  the  nakedness  of  his  stepmother,  who  was  one 
 flesh  with  his  father,  certainly  uncovers  the  nakedness  of 
 his  father.  It  is  also  prohibited  to  marry  wnth  a  sister-in- 
 law,  because  by  the  former  union  she  is  become  the 
 brother's  flesh.  In  connexion  with  which  thing  also  John 
 the  Baptist  was  beheaded,  and  consummated  with  holy 
 martyrdom.  For,  though  he  was  not  ordered  to  deny 
 Christ,  and  indeed  was  killed  for  confessing  Christ,  yet 
 in  regard  that  the  same  Jesus  Christ,  our  Lord,  said,  '  I  am 
 the  Truth,'  because  John  was  killed  for  the  truth,  he  also 
 shed  his  blood  for  Christ.  But  forasmuch  as  there  are 
 many  in  the  nation  of  the  English,  who^  whilst  they  were 
 still  in  infidelity,  are  said  to  have  been  joined  in  this 
 execrable  matrimony,  they,  when  they  come  to  the  faith, 
 are  to  be  admonished  to  abstain  from  each  other,  and  be 
 made  to  know  that  this  is  a  grievous  sin.  Let  them  fear 
 the  dreadful  judgment  of  God,  lest,  for  the  gratification 
 of  their  carnal  appetites,  they  incur  the  torments  of  eternal 
 punishment.  Yet  they  are  not  on  this  account  to  be  de- 
 prived of  the  communion  of  the  sacred  Body  and  Blood 
 of  the  Lord,  lest  we  should  seem  to  visit  upon  them  those 
 things  which  they  did  through  ignorance,  before  they  had 
 
Ill]       HISTORY  OF  THE  ENGLISH  CHURCH  7 
 
 received  baptism.     For  at  this  time  the  Holy  Church  chas-       601. 
 tises  some  things  through  zeal,  and  tolerates  others  through 
 leniency,  and  connives  at  some  things  through  discretion, 
 that  so  she  may  often,  by  this  forbearance  and  connivance, 
 suppress  the  evil  which  she  disapproves.     But  all  that  come  The  faith 
 to  the  faith  are  to  be  admonished  not  to  perpetrate  such  ^"^  ^^'^^° 
 
 ^      '^  contract 
 
 crnnes.     And  if  any  shall  be  guilty  of  them,  they  are  to  them  are 
 be  excluded  from  the  communion  of  the  Body  and  Blood  *°  ^^  ^^". 
 
 ■'  communi- 
 
 of  the  Lord,  although  the  offence  is,  in  some  measure,  to  cated. 
 be  tolerated  in  those  who  have  done  it  in  ignorance. 
 
 Augustine's  Sixth  Question  :  Whether  a  bishop  may  be  6.  Con- 
 ordained  without  other  bishops  being  present,  in  case  there  ^^^''^i^igthc 
 
 consccrs- 
 
 be  so  great  a  distance  between  them  that  they  cannot  easily  tors  of  a 
 assemble  ?  bishop. 
 
 Gregory  answers :  As  for  the  Church  of  the  English,  in  Consecra- 
 which  you  are  as  yet  the  only  bishop,  you  can  no  otherwise  f '.°?  ^^  ?"^ 
 
 .    -^        .  -^         .  •'  ^     ■'  bishop  IS 
 
 ordain  a  bishop  than  in  the  absence  of  other  bishops  ;  for  valid  if 
 when  do  bishops  come  from  Gaul,  to  be  present  as  witnesses  accessary, 
 to  you  in  ordaining  a  bishop  ?     But  we  would  have  you,  my 
 brother,  to  ordain  bishops  in  such  a  manner  that  the  said 
 bishops  may  not  be  far  asunder,  that  when  a  new  bishop  is 
 to  be  ordained,  there  be  no  difficulty,  but  that  other  pastors 
 also,  whose  presence  is  necessary,  may  easily  come  together. 
 Thus  when,  by  the  help  of  God,  bishops  shall  be  so  consti-  but  the 
 tuted  in  places  everywhere  near  to  one  another,  no  ordination  canonical 
 
 ^  ■'  rule  should 
 
 of  a  bishop  is  to  be  performed  without  assembling  three  or  be  observ- 
 four  bishops.     For,  even  in  spiritual  affairs,  we  may  take  ^^  ^^ 
 example   by  the  temporal,   that  they  may  be  wisely  and 
 deliberately  conducted.     It  is  certain,  that  when  marriages  Such  wit- 
 are  celebrated   in    the  world,   some   married   persons   are  "^I'lJjl^^ia'jfd 
 assembled,  that  those  who  have  preceded  in  the  way  of  advisable. 
 matrimony  should  partake  in   the  joy  of  the  subsequent 
 union  also ;  why,  then,  at  this  spiritual  ordination,  wherein, 
 by  means  of  the  sacred  ministry,  man  is  joined  to  God, 
 should  not  such  persons  be  assembled  as  may  either  rejoice 
 
8  DOCUMENTS  ILLUSTRATIVE  OF  THE       [iii 
 
 601.       in  the  advancement  of  the  new  bishop,  or  jointly  pour  forth 
 their  prayers  to  Ahnighty  God  for  his  preservation  ? 
 7.  Con-  Augustine's  Seventh  Question  :  How  are  we  to  deal  with 
 
 BTitilf  and  ^^^  bishops  of  the  Gauls  and  Britain  ? 
 
 Gallic  Gregory  answers  :  We  give  you   no  authority  over  the 
 
 bis  ops.      bishops  of  the  Gauls,  because  the  bishop  of  Aries  received 
 
 has\o        ^^^  P^^^  ^^  ancient  times  from  my  predecessors,  and  we  are 
 
 Gallic         not  to  deprive  him  of  the  authority  he  has  received.     If  it 
 
 Uon   ^^"      ^^^^^  therefore  happen,  my  brother,  that  you  go  over  into 
 
 the  province  of  the  Gauls,  you  are  to  treat  with  the  said 
 
 bishop   of  Aries,   and  if  there   be   any  faults   among  the 
 
 bishops,  they  may  be  amended ;  and  if  he  shall  be  lukewarm 
 
 in  keeping  up  discipline,  he  must  be  corrected  by  your  zeal. 
 
 but  is  to      To  him  we  have  also  written,  that  when  your  holiness  shall 
 
 prove  eto  ^    ^    Gaul,  he  may  also  use  all  his  endeavours  to  assist  you, 
 
 Jove  and  '  -^  -^       ' 
 
 good  and  restrain  among  the  bishops  all  that  shall  be  opposite  to 
 
 ^°^  ^'  the  command  of  our  Creator.  But  you  shall  not,  outside 
 your  own  jurisdiction,  have  power  to  judge  the  bishops  of 
 the  Gauls,  but  by  persuading,  soothing,  and  showing  good 
 works  for  them  to  imitate,  you  shall  reform  the  minds  of 
 wicked  men  to  the  pursuit  of  holiness  ;  for  it  is  written  in 
 the  Law,  '  When  thou  comest  into  the  standing  corn  of  thy 
 neighbours,  then  thou  mayest  pluck  the  ears  with  thine 
 hand ;  but  thou  shalt  not  move  a  sickle  unto  thy  neigh- 
 bour's standing  corn,  but  rub  the  ears  of  corn  in  thine  hand 
 and  eat.'  For  thou  mayest  not  apply  the  sickle  of  judg- 
 ment to  that  harvest  which  seems  to  have  been  committed 
 to  another ;  but  by  the  love  of  good  works,  thou  shalt  clear 
 the  Lord's  wheat  from  the  chaff  of  their  vices,  and  convert 
 them  into  the  body  of  the  Church  by  admonition  and  persua- 
 sion, as  it  were  taking  a  bite  [f?iandendo\.  But  whatsoever 
 is  to  be  done  by  authority,  must  be  transacted  in  conjunc- 
 tion with  the  aforesaid  bishop  of  Aries,  lest  that  should  be 
 omitted,  which  the  ancient  institution   of  the  fathers  has 
 
 Full  juris-  appointed.     But  as  for  all  the  bishops  of  Britain,  we  commit 
 diction  is 
 
iv]      HISTORY  OF  THE  ENGLISH  CHURCH 
 
 them  all  to  your  care,  that  the  unlearned  may  be  taught,  the       601. 
 weak  strengthened  by  persuasion,  and  the  perverse  corrected  allowed 
 
 1  4-u      •<-  over  the 
 
 by  authority.  ^^.^.^^ 
 
 Bishops. 
 
 [Various  other  answers  follow  on  questions  of  ceremonial  purity.] 
 
 IV. 
 
 GREGORY  THE  GREAT'S  SCHEME  OF  ENGLISH 
 DIOCESAN  ORGANIZATION,  a.d.  601. 
 
 This  scheme  was  communicated  to  St.  Augustine  in  a  letter  which        (301. 
 arrived  at  the  same  time  as  the  previous  document.    Bede,  H.  E.  i.  29  ; 
 Gregory,  Ep.  xi.  65. 
 
 [Gidley's  tr.  revised.] 
 
 To    the   most    reverend   and    holy  brother   and  fellow- As  astimu- 
 .  bishop,  xA.UCTustine,  Gregory,  servant  of  the  servants  of  God.  |"s  and 
 
 ^'         °  '  ^     ■)■>  honour  we 
 
 Although  it  is  certain  that  the  unspeakable  rewards  of  the  grant  you 
 eternal  kingdom  are  kept  for  those  who  labour  for  God  ^^^^  P^^^' 
 Almighty,  it  is,  however,  necessary  for  us  to  render  to  them 
 the  benefits  of  honours,  that  from  this  recompense  they  may 
 be  able  to  labour  more  abundantly  in  the  zeal   of  their 
 spiritual  work.     And  because  the  new  Church  of  the  English  and  desire 
 is  brought  to  the  grace  of  Almighty  God  by  the  bounty  of  ^°"j.J°J^^"' 
 the  same  Lord,  and  by  your  toil,  we  grant  to  you  the  use  twelve 
 of  the  pall  in  the  same  to  perform  the  solemnities  of  masses  ^"  I'^gans. 
 only,  so  that  in  several  places  you  ordain  twelve  [several] 
 bishops  to  be  under  your  authority  so  far  as  that  the  bishop  You  are  to 
 of  the  City  of  London  ought  always  hereafter  to  be  conse-  ^?^°o"fo^j. 
 crated  by  his  own  synod  and  receive  the  pall  of  honour  York  who 
 from  this  holy  and  Apostolic  See  which,  by  God's  authority,  }^^^^g°*° 
 I  serve.     Moreover  we  will  that  you  send  a  bishop  to  York,  twelve 
 whom  you  shall  have  seen  fit  to  ordain— yet  only  so  that  if  suffragans, 
 the  same  city  shall  receive  the  word  of  God  along  with  the 
 neighbouring  places,  he  himself  also  ordain  twelve  bishops, 
 
lo  DOCUMENTS  ILLUSTRATIVE  OF  THE      [iv 
 
 GOl.       and  enjoy  the  honour  of  metropoHtan,  because  if  our  hfe 
 
 last  we  intend,  with  the  Lord's  favour,  to  give  him  also  the 
 
 jj^      .J       pall.     But  we  will  that  he  be  subject  to  your  authority,  my 
 
 macy  of      brother,  and  that  after  your  decease  he  should  preside  over 
 
 ^an  ei-       ^^^^  bishops  he  has  ordained,  but  without  being  in  any  wise 
 
 over  all,      subject  to  the  Bishop  of  London.     Moreover,  for  the  future, 
 
 i^r       let  there  be  this  distinction  of  honour  between  the  bishops  of 
 your  hie  ^ 
 
 only,  and    the  City  of  London  and  of  York,  that  he  himself  take  the  pre- 
 a  ter  that    ^edence  who  has  been  first  ordained.  But  whatever  things  are 
 
 the  senior  ° 
 
 bishop,        for  the  zeal  of  Christ  must  be  done  by  common  counsel  and 
 whether  of  harmonious  action  :    let  them  arrange  these  concordantly, 
 
 London  or  °  ... 
 
 York,  is  to  let  them  take  right  views  and  give  effect  to  their  views  with- 
 
 take  prece-  ^^^  ^^^  mutual  misunderstanding.     But  you,  my  brother. 
 
 In  any  case  ^^^^^^  I'^^^Q  Subject  to  you  not  only  the  bishops  you  ordain, 
 
 let  har-       and  not  solely  those  ordained  by  the  Bishop  of  York,  but 
 
 s^sT"^You    ^^  ^^^^^  ^^^  ^^^  priests  of  Britain,  by  the  authority  of  our 
 
 are  to  be     Lord  Jesus  Christ,  so  that  from  the  lips  and  life  of  your 
 
 ^"^jJ^"^P  ^  holiness  they  may  receive  the  form  both  of  correct  belief 
 
 priests  as    and   of  holy  life,   and  fulfilling   their   office  in  faith  and 
 
 bishops       niorals,  may,  when  the  Lord  wills,  attain  the  kingdom  of 
 
 under  your  heaven.     May  God  keep  you  safe,  most  reverend  brother. 
 
 authority,    j^^^-g^j  ^\^q  2  2nd  of  June  in  the  19th  year  of  the  reign  of 
 
 Mauritius  Tiberius,  the  most  pious  Augustus,  in  the  i8th 
 
 year  after  the  consulship   of  the    same  lord,    in  the   4th 
 
 indiction. 
 
 V. 
 
 COUNCIL  OF  HERTFORD,  a.d.  673. 
 
 673.  The  following  document  is  a  translation  of  Bede,  H.  E.  iv.  5.  in 
 
 w^hich  he  describes  the  circumstances  and  the  canons  of  a  Council 
 held  by  Theodore  at  Hertford,  Sept.  24,  a.d.  673. 
 
 [Gidley's  tr.  revised.] 
 Circum-  In  the  name  of  our  Lord  God  and  Saviour  Jesus  Christ, 
 
 thes^vnod    ^^  ^^^  perpetual  reign  and  government  of  our  Lord  Jesus 
 
v]        HISTORY  OF  THE  ENGLISH  CHURCH  ii 
 
 Christ.  It  seemed  good  that  we  should  come  together  G73, 
 according  to  the  prescription  of  the  venerable  canons,  to 
 treat  of  the  necessary  affairs  of  the  Church.  We  are  met 
 together  on  this  24th  day  of  September,  the  first  indiction, 
 in  a  place  called  Hertford,  I,  Theodore,  bishop  of  the 
 Church  of  Canterbury,  appointed  thereto,  unworthy  as  I  am, 
 by  the  Apostolic  See,  and  our  most  reverend  brother  Bisi, 
 bishop  of  the  East  Angles,  together  with  our  brother  and 
 fellow-bishop  Wilfrid,  bishop  of  the  nation  of  the  Northum- 
 brians, who  was  present  by  his  proper  legates,  as  also  our 
 brethren  and  fellow-bishops,  Putta,  bishop  of  the  Castle 
 of  the  Kentishmen,  called  Rochester,  Leutherius,  bishop 
 of  the  West  Saxons,  and  Winfrid,  bishop  of  the  province  of 
 the  Mercians  were  present ;  and  when  we  were  assembled 
 and  had  taken  our  proper  places,  I  said  :  I  beseech  you,  be- 
 loved brethren,  for  the  fear  and  love  of  our  Redeemer,  that 
 we  may  faithfully  enter  into  a  common  treaty  for  the  sincere 
 observance  of  whatsoever  has  been  decreed  and  determined 
 by  the  holy  and  approved  fathers.  I  enlarged  upon  these 
 and  many  other  things  tending  unto  charity,  and  the  pre- 
 servation of  the  unity  of  the  Church.  And  when  I  had 
 finished  my  speech  I  asked  them  singly  and  in  order 
 whether  they  consented  to  observe  all  things  which  had 
 been  of  old  canonically  decreed  by  the  fathers  ?  To  which  • 
 all  our  fellow-priests  answered  :  we  are  all  well  agreed 
 readily  and  cheerfully  to  keep  whatever  the  canons  of  the 
 holy  fathers  have  prescribed.  Whereupon  I  presently  pro- 
 duced the  book  of  canons,  and  pomted  out  ten  particulars,  Theodore 
 which  I  had  marked  as  being  in  a  more  special  manner  ^^"^^"^^^^,^3 
 known  by  me  to  be  necessary  for  us,  and  proposed  that  all  for  their 
 would  undertake  diligently  to  observe  them,  namely  :  ance^^" 
 
 1.  That  we  shall  jointly  keep  Easter  Day  on  the  Lord's  ^^  Y)aie  of 
 
 Day  after   the   fourteenth  day  of  the  moon  in   the  first  Easter. 
 
 ,1  2.  Epis- 
 
 month.  _  ^^pj 
 
 2.  That    no   bishop   invade   the   diocese    [parockta]   of  limits. 
 
12  DOCUMENTS  ILLUSTRATIVE   OF  THE       [v 
 
 673.       another,  but  be  content  with  the  government  of  the  people 
 committed  to  him. 
 
 3.  Bishops       3.  That  no  bishop  be  allowed  to  offer  any  molestation  to 
 
 andmonas-  nionasteries   consecrated   to    God,    nor   to    take   away   by 
 tenes.  ^  '  ■'        ■' 
 
 violence  anything  that  belongs  to  them. 
 
 4.  Wander-      4.  That  the   monks  themselves   go    not  from   place  to 
 ingmonvs.  pj^^g^  |-j-,^^  jg  fj-Qj-^-^  Q^e  monastery  to  another,  without  the 
 
 leave  of  their  own  abbot,  but  continue  in  that  obedience 
 which  they  promised  at  the  time  of  their  conversion. 
 
 5.  Wander-      5.  That  no  clerk,  leaving  his  own  bishop,  go  up  and  down 
 ing  clergy.  ^|-  j^jg  ^^^.^  pleasure,  nor  be  received  wherever  he  comes 
 
 without  the  commendatory  letters  of  his  bishop ;  but  if  he 
 be  once  received  and  refuse  to  return  when  he  is  desired  so 
 to  do,  both  the  receiver  and  the  received  shall  be  laid  under 
 an  excommunication, 
 
 6.  Treat-         6.  That  Strange  bishops  and  clerks  be  content  with  the 
 ment  of       hospitality  that  is  freely  offered  them,  and  let  not  any  of  them 
 
 strange  -^    .        -^  ,  ■'  ,  .  .     . 
 
 clergy.        cxcrcisc  any  priestly   function   without    permission  of  the 
 bishop  in  whose  diocese  he  is  known  to  be. 
 
 7.  Yearly        7.  That  a  synod  be  assembled  twice  in  the  year.     But 
 synods.       because   many  occasions  may  hinder  this,   it  was  jointly 
 
 agreed  by  all  that  once  in  the  year  it  be  assembled  on  the 
 first  of  August  at  the  place  called  Cloveshoo. 
 
 8.  Epis-  8.  That  no  bishop  put  himself  before  another  out  of  an 
 
 copal  pre-    2.^QQX2X\QtXi  of  precedence,  but  that  every  one  observe  the 
 cedence.  ^  ,  •' 
 
 time  and  order  of  his  consecration. 
 
 9.  Sub-  9.  We  had  a  conference  together  concerning  increasing 
 ovision  o    ^^  number  of  bishops  in  proportion  to  the  number  of  the 
 
 faithful,  but  we  determine  nothing  as  to  this  point  at 
 present. 
 
 10.  Cor-         10.  As  to  matrimony:  that  none  be  allowed  to  any  but 
 
 earning       what  is  lawful.      Let  none  commit  incest.      Let  no  one 
 
 marriage.  .       .  i       /-.  i 
 
 relinquish  his  own  wife,  but  for  fornication,  as  the  Gospel 
 
 teaches.     But  if  any  shall  have  dismissed  a  wife  to  whom 
 
 he  has  been  lawfully  married,  let  him  not  be  coupled  to 
 
vi]     HISTORY  OF  THE  ENGLISH  CHURCH  13 
 
 another  if  he  wish  to  be  really  a  Christian,  but  remain  as  he       673. 
 is  or  be  reconciled  to  his  wife. 
 
 After  we  had  jointly  treated  upon  and  determined  these 
 points,  to  the  intent  that  no  scandalous  contention  should 
 be  raised  henceforth  by  any  of  us,  and  that  there  should  be 
 no  mistake  in  the  publication  of  them,   it  seemed  proper  Subscrip- 
 that  every  one  of  us  should  confirm  them  by  the  subscrip-  ^^°^/^^<i 
 
 ■' ^  J  r    confirma- 
 
 tion of  his  own  hand,  according  as  they  had  been  deter-  tion  of  the 
 
 mined.  I  dictated  this  our  definitive  sentence  to  be  written  ^^"°"s. 
 by  Titillus  the  notary.  Done  in  the  month  and  indiction 
 above  written.  Whosoever  therefore  shall  attempt  to  oppose 
 and  infringe  this  sentence,  confirmed  by  our  consent  and 
 the  subscription  of  our  hands  as  agreeable  to  the  decrees  of 
 the  canons,  let  him  know  that  he  is  forbidden  every  func- 
 tion of  a  priest  and  all  society  with  us.  May  the  Divine 
 grace  preserve  us  safe  in  the  unity  of  the  Church  so  long 
 as  we  live. 
 
 VI. 
 
 COUNCIL  OF  HATFIELD,  a.  d.  680. 
 
 680. 
 
 The  following  account  of  the  Council,  held  by  Theodore  at  Hatfield, 
 Sept.  17,  680,  is  supplied  by  Bede,  H.  E.  iv.  17,  18. 
 
 [Gidley's  tr.  revised.] 
 
 At  this  time  Theodore,  hearing  that  the  faith  of  the  Circum- 
 Church  at  Constantinople  had  been  much  disturbed  by  the  ^v^"^^j^  °[ 
 heresy  of  Eutyches,  and  being  desirous  that  the  Churches 
 of  the  English,  over  which  he  ruled,  should  abide  free  from 
 such  a  stain,  having  collected  an  assemblage  of  venerable 
 priests  and  very  many  doctors,  diligently  inquired  what 
 belief  they  each  held,  and  found  an  unanimous  agreement 
 of  all  in  the  Catholic  faith  ;  and  this  he  took  care  to  commit 
 to  a  synodal  letter  for  the  instruction  and  remembrance  of 
 posterity  ;  of  which  letter,  to  wit,  this  is  the  beginning  : —      ^^^  ^^^^ 
 
 '  In  the  name  of  our  Lord  and  Saviour  Jesus  Christ,  in  ^^^  pj^ce. 
 
H 
 
 DOCUMENTS  ILLUSTRATIVE   OF   THE      [vi 
 
 080. 
 
 Ratifica- 
 tion of  the 
 Catholic 
 faith  of  the 
 Trinity. 
 
 Accept- 
 ance of 
 the  five 
 general 
 Councils 
 and  the 
 Roman 
 Council  of 
 649. 
 
 the  reign  of  our  most  pious  lords,  Egfrid,  king  of  the  Hum- 
 brians,  in  the  tenth  year  of  his  reign,  on  the  fifteenth  day 
 before  the  Kalends  of  October ;  and  Ethelred,  king  of  the 
 Mercians,  in  the  sixth  year  of  his  reign  ;  and  Aldwulf,  king 
 of  the  East  Angles,  in  the  seventeenth  year  of  his  reign ; 
 and  Hlothair,  king  of  the  Kentishmen,  in  the  seventh  year 
 of  his  reign.  Theodore  being  president,  by  the  grace  of 
 God,  archbishop  of  the  island  of  Britain  and  of  the  city 
 of  Canterbury,  and  other  venerable  men  sitting  with  him, 
 bishops  of  the  island  of  Britain,  with  the  holy  Gospels  laid 
 before  them,  in  the  place  which  is  called  by  the  Saxon 
 name  of  Hatfield  ;  we  handling  the  subject  in  concert,  have 
 made  an  exposition  of  the  right  and  orthodox  faith,  even  as 
 our  Incarnate  Lord  Jesus  Christ  delivered  it  to  his  disciples, 
 who  saw  him  present,  and  heard  his  discourses,  and  as  the 
 creed  of  the  holy  fathers  has  delivered,  and  generally  all 
 the  assembly  of  approved  doctors  of  the  Catholic  Church — 
 we  therefore  piously  and  orthodoxly  following  them,  and 
 making  our  profession  according  to  their  divinely  inspired 
 teaching,  believe  in  unison  with  it,  and  confess  according 
 to  the  holy  fathers,  that  the  Father  and  Son  and  Holy 
 Ghost  are  properly  and  truly  a  consubstantial  Trinity  in 
 Unity  and  Unity  in  Trinity ;  that  is  one  God  in  three  con- 
 substantial  subsistencies  \_siibsistentiis\  or  Persons  of  equal 
 glory  and  honour.' 
 
 And  after  many  things  of  this  kind  that  pertained  to  the 
 confession  of  the  right  faith,  the  holy  synod  also  adds  this 
 to  its  letter  : — 
 
 '  We  have  received,  as  holy  and  universal,  five  synods  of 
 the  fathers  blessed  and  acceptable  to  God,  that  is  of  the 
 318  who  were  assembled  at  Niccea  against  the  most  impious 
 Arius  and  the  tenets  of  the  same;  and  of  150  at  Constanti- 
 nople against  the  madness  of  Macedonius  and  Eudoxius 
 and  their  dogmas ;  and  of  200  in  the  first  Council  of 
 Ephesus    against    the    most   wicked    Nestorius,    and    the 
 
vii]    HISTORY  OF  THE  ENGLISH  CHURCH  15 
 
 dogmas  of  the  same;  and  of  630  at  Chalcedon  against  630. 
 Eutyches  and  Nestorius  and  their  dogmas  ;  and  again  of 
 those  who  were  assembled  in  a  fifth  Council  at  Constanti- 
 nople, in  the  time  of  the  younger  Justinian,  against  Theo- 
 dore and  the  epistles  of  Theodoret  and  Ibas  and  their 
 dogmas,  against  Cyril.' 
 
 And  a  little  after  :  '  Also  we  have  received  the  synod  that 
 was  held  in  the  city  of  Rome  in  the  time  of  the  blessed 
 Pope  Martin  in  the  eighth  indiction  in  the  ninth  year  of 
 the  reign  of  the  most  pious  Constantine\     And  we  glorify 
 our  Lord  Jesus  Christ  as  they  glorified  him,  neither  adding 
 nor  subtracting  anything ;  and  we  anathematize  with  heart 
 and  mouth   those   whom  they  anathematized ;    and  those  Anathema 
 whom  they  received  we  receive,  glorifying  God  the  Father  ^^.^^    ^°"' 
 without  beginning,  and  his  only-begotten  Son,  begotten  of  doctrine, 
 the  Father  before  the  world  began,  and  the  Holy  Ghost 
 proceeding  ineffably  from  the  Father  and  the  Son,  as  those 
 holy  apostles  and  prophets  and  doctors  have  declared  of 
 whom  we  have  spoken  above.     And  all  we  who  have  with 
 Theodore  made  an  exposition  of  the  Catholic  faith  have 
 subscribed  hereto.' 
 
 VII. 
 
 THE  CANONS  OF  CLOVESHOO,  a.d.  747. 
 
 Many  Councils  were  held  at  Cloveshoo,  whatever  the  correct  iden-  74.7. 
 tification  of  the  place  maybe.  The  most  important  of  all  recorded 
 took  place  in  the  year  747,  for  the  reformation  of  abuses.  An  abstract 
 of  the  Acts  of  this  Council  is  given  in  William  of  Malmesbury,  Gest. 
 Pont.  i.  5.  See  H.  and  S.  iii.  360.  The  document  translated  below 
 is  now  lost.  Spelman  printed  it  from  Cotton  MS.,  Otho  A.  i,  which 
 was  burnt  in  the  fire  of  1731. 
 
 [Johnson's  tr.  revised.] 
 
 In  the  perpetual  reign  of  our  Lord  Jesus  Christ,  who 
 orders  all  things  at  the  command  of  the  Father,  and  by  the 
 *  A  mistake  for  Constans. 
 
i6 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE     [vii 
 
 747. 
 
 Place, 
 members, 
 and  date 
 of  the 
 Council. 
 
 Letters 
 from  Pope 
 Zachary 
 are  pro- 
 duced, 
 
 lively  grace  of  the  Holy  Ghost.  The  under-written  acts 
 were  done  in  synod,  at  the  beginning  of  September,  near 
 the  place  called  Cloveshoo  :  these  prelates  of  the  Churches 
 of  Christ,  beloved  of  God,  being  present,  viz. — The  honour- 
 able Archbishop  Cuthbert ;  and  the  venerable  prelate  of  the 
 Church  of  Rochester,  Dun  ;  and  the  most  reverend  bishops 
 of  the  Mercians,  Totta,  and  Huita,  and  Podda ;  and  the 
 most  approved  prelates  of  the  West  [Saxons],  Hunferd  and 
 Herewald ;  and  the  venerable  priests  Heardulf  of  the  East 
 Angles,  and  Ecgulph  of  the  East  Saxons,  and  Milred  of 
 the  Hwiccians  ;  also  the  honourable  bishops,  Alwi  of  the 
 province  of  Lindsey,  and  Sicga  of  the  South  Saxons,  in  the 
 year  of  our  Lord's  incarnation  747,  indiction  15,  the  32nd 
 year  of  the  reign  of  Ethelbald,  king  of  the  Mercians,  who 
 was  then  present  with  his  princes  and  chief  men  [ducibus]. 
 When  the  said  prelates  of  the  sacred  order,  of  divers 
 provinces  of  Britain,  with  many  priests  of  the  Lord,  and  of 
 those  of  the  ecclesiastical  order  in  lesser  dignities,  met  the 
 venerable  Archbishop  Cuthbert  at  the  place  of  synod,  and 
 they  were  set  down  to  treat  of,  and  settle  the  unity  of  the 
 Church,  and  the  state  of  Christianity,  and  agreement  of 
 peace,  after  a  devout  mutual  salutation,  the  writings  of  Pope 
 Zachary  (the  Pontiff  and  Apostolic  Lord,  to  be  venerated 
 throughout  the  world)  in  two  charters,  were  in  the  first 
 place  produced,  and  publicly  recited,  and  explained  in  our 
 own  tongue,  as  he  himself,  by  his  apostolic  authority, 
 enjoined.  In  which  writings  the  famous  pontiff  Zachary 
 admonished,  in  a  familiar  manner,  the  inhabitants  of  this 
 Isle  of  Britain,  of  our  stock,  of  every  rank  and  degree  of 
 quality,  and  authoritatively  charged  them,  as  present  before 
 him,  and  lastly  in  a  loving  manner  entreated  them,  and 
 suggested  among  other  things  that  a  sentence  of  anathema 
 should  be  certainly  published  against  those  that  persisted 
 in  their  pertinacious  malice  and  contempt  of  all  this ;  as  in 
 them  is  evident  to  those  who  read. 
 
vii]    HISTORY  OF  THE  ENGLISH  CHURCH  17 
 
 After  the  reading  thereof,  and  the  dread  admonition,  the       747. 
 prelates  who  were  promoted  by  God  to  be  masters  to  others,  ^^^  the 
 betook  themselves  to  mutual  exhortations  ;    and  contem-  mutually 
 plated  themselves,  and  their  office  (by  which  others  were  to  admonish 
 
 on f^  Ji n " 
 
 be  instructed  in  the  service  of  God)  in  the  Homilies  of  the  other, 
 blessed  Father  Gregory,  and  in  the  canonical  decrees  of  the 
 holy  fathers,  as  in  a  bright  mirror. 
 
 1.  And  then,  at  the  outset  of  their  decrees,  they  estab-  The 
 lished  it   with  authentic   sanction,  that    every   bishop   be^QUQ^. 
 ready  to  defend  the  pastoral  charge  entrusted  to  him,  and  j   That 
 the  canonical  institutions  of  the  Church  of  Christ  (by  God's  bishops 
 protection  and  assistance),  with  his  utmost  endeavour,  against  attend  to 
 the  various  and  wicked  assaults  [that  are  made  upon  them] ;  their  pas- 
 nor  be  more  engaged  in  secular  affairs  (which  God  forbid)  charge  and 
 than   in  the   service   of  God,  by  looseness  in  living  and  life,  and 
 tardiness  in  teaching,  but  be  adorned  with  good  manners,  secular 
 with  the  virtues  of  abstinence,  with  works  of  righteousness,  business, 
 and  with  learned  studies,  that  so,  according  to  the  apostle, 
 
 they  may  be  able  to  reform  the  people  of  God  by  their 
 example,  and  instruct  them  by  the  preaching  of  sound 
 doctrine. 
 
 2.  In  the  second  place,  they  firmly  agreed  with  an  attes-  2.  Mutual 
 tation,  that  they  would  devote  themselves  to  intimate  peace  Observed  ^ 
 and  sincere  charity,  everywhere  amongst  them  perpetually  to  by  all 
 endure;  and  that  there  should  be  one  concord  of  all  amongst  ^j^g^^'^^' 
 all  men  of  ecclesiastical  religion,  in  word,  in  work,  in  judg- 
 ment (without  flattering  of  any  person),  as  being  ministers 
 
 of  one  Lord,  and  fellow-servants  in  one  ministry :  that 
 though  they  are  far  distant  in  sees,  yet  they  may  be  joined 
 together  in  mind  by  one  Spirit,  serving  God  in  faith,  hope, 
 and  charity,  praying  diligently  for  one  another,  that  each 
 one  of  them  may  faithfully  finish  his  race. 
 
 3.  In  the  third  place  they  enacted,  that  every  bishop  3-  bishops 
 should  every  year  visit  his  diocese  \_parochia7n\  by  travelling  their 
 through  it,  going  about,  and  making  an  inspection  into  it ;  ^^^'^.^^^^^^^ 
 
i8  DOCUMENTS  ILLUSTRATIVE  OF  THE    [vii 
 
 747.  and  that  he  should  call  to  him  at  convenient  places  the 
 people  of  every  condition  and  sex,  and  plainly  teach  them 
 who  rarely  hear  the  word  of  God  :  forbidding  them,  among 
 other  sins,  pagan  observances,  diviners,  sorcerers,  auguries, 
 omens,  amulets,  charms,  or  all  the  filth  of  the  wicked,  and 
 the  errors  of  the  Gentiles. 
 
 4.  Bishops  4.  In  the  fourth  article  of  agreement  they  have  determined 
 hortaH^"  that  the  bishops  do  admonish  the  abbots  and  abbesses, 
 monastic  within  their  dioceses,  that  they  be  examples  of  good  life, 
 observe^  and  take  diligent  care  that  those  subject  to  them  be  regular 
 rule.  in  their  conversation  ;  yet  so  as  that  they  remember  to  love 
 
 their  own  families  worthily  in  the  Lord ;  to  treat  them  not 
 as  servants  but  as  children  ;  to  provide  necessaries  for  them, 
 according  to  the"  monastic  way  of  life  and  to  their  utmost 
 abihty ;  that  the  same  abbots  and  abbesses  fully  discharge 
 their  trust,  as  to  the  estates  of  their  monasteries,  and  by  all 
 means  take  heed  that  they  be  not  robbed  of  them. 
 
 5.  Secular       5.  It  was  argued  in  the  fifth  place,  that  it  is  necessary 
 
 monaste-  ^^^  bishoDS  to  £jo  to  the  monasteries  (which  in  these  times 
 nes  to  be  1  c  \ 
 
 reformed,  cannot  be  in  any  wise  reformed  according  to  the  model  of 
 Christianity,  by  reason  of  the  violence  of  tyrannical  covet- 
 ousness),  which  are,  we  know  not  how,  possessed  by  secular 
 men,  not  by  Divine  law,  but  by  presumptuous  human  inven- 
 tion. Yet  they  [the  bishops]  ought  to  go  for  the  health  of 
 the  souls  who  dwell  therein  ;  and  among  their  other  exhorta- 
 tions provide  that  what  is  already  in  a  declining  state  be 
 not  further  risked  for  want  of  the  ministry  of  a  priest,  though 
 their  possessors  promote  this  state  of  things, 
 
 6.  Candi-        6.  It  is  ordained  by  the  sixth  decree,  that  bishops  ordain 
 ^d^^  T     ^^  monk,  or  clerk,  to  the  degree  of  a  priest,  till  they  first 
 
 to  be  make  open  inquiry  into  his  former  life,  and  into  his  present 
 
 examined,  pj-gbity  of  manners  and  knowledge  of  the  faith.     For  how 
 
 can  he  preach  sound  faith,   or  give  a  knowledge  of  the 
 
 word,  or  discreetly  enjoin  penance  to  others,  who  has  not 
 
 earnestly  bent  his  mind  to  these  studies ;  that  he  may  be 
 
vii]    HISTORY  OF  THE  ENGLISH  CHURCH  19 
 
 able   according   to    the   apostle,    'To   exhort   with   sound       747. 
 doctrine.' 
 
 7.  They  decreed  in  the  seventh  article  of  agreement,  that  7.  Monks 
 bishops,  abbots,  and  abbesses,  should  by  all  means  take  ^[^  *°j  ^^^^ 
 care  and  diligently  provide,  that  their  families  do  incessantly  to  reading, 
 apply  their  minds  to  reading,  and  that  knowledge  be  spread 
 
 by  the  voices  of  many  to  the  gaining  of  souls,  and  to  the 
 praise  of  the  Eternal  King.  For  it  is  sad  to  say,  how  few, 
 in  these  times,  do  heartily  love  and  labour  for  sacred  know- 
 ledge, and  are  willing  to  take  pains  in  learning :  but  they 
 are  from  their  youth  up  rather  employed  in  divers  vanities, 
 and  the  affectation  of  vain-glory ;  and  they  rather  pursue 
 the  amusements  of  this  present  unstable  life,  than  the 
 assiduous  study  of  the  Holy  Scriptures.  Therefore  let  boys 
 be  kept  and  trained  up  in  the  schools,  to  the  love  of  sacred 
 knowledge,  that  being  by  this  means  well  learned,  they  may 
 become  in  all  respects  useful  to  the  Church  of  God.  And 
 let  not  the  rulers  [?'ecfo7'es]  be  so  greedy  of  worldly  labour 
 as  to  render  the  house  of  God  vile  for  want  of  spiritual 
 adornment. 
 
 8.  Under  the  eidith  head,  they  admonished  priests  in-  8.  Priests 
 
 '='  '  -^  ,  J  are  not  to 
 
 cessantly  to  remember  to  what  purpose  they  are  promoted  foUow 
 
 above  others,  by  Divine  ordination  :  namely,  they  that  are  secular 
 
 .  business, 
 
 called  'God's  ministers  and  stewards  of  the  mysteries  of 
 
 Christ,'  and  then  that  'it  is  required  of  stewards,  that  a  man 
 be  found  faithful.'  Therefore  let  them  know  that  it  is 
 necessary  for  them,  in  regard  to  God,  to  desist  from  secular 
 business  and  causes,  so  far  as  they  can,  and  to  discharge  their 
 duty  at  the  altar  and  in  divine  service  with  the  utmost 
 application ;  that  they  carefully  preserve  the  house  of 
 prayer,  and  all  its  furniture  ;  that  they  spend  their  time  in 
 reading,  celebration  of  masses,  and  psalmody ;  [and]  that 
 they  be  mindful  according  to  their  duty  enjoined  them  by 
 God,  to  be  assistants  to  their  abbots  and  abbesses,  with  dili- 
 gence and  fidelity,  whensoever  there  seems  to  be  occasion 
 
 c  2 
 
20  DOCUMENTS  ILLUSTRATIVE   OF  THE     [vii 
 
 747.  for  it,  that  is,  in  admonishing,  reprehending,  and  exhorting 
 those  subject  to  them,  that  others,  by  their  example  and 
 life,  may  be  incited  to  the  service  of  God. 
 
 9.  Priests  9.  They  added  next  under  the  ninth  head,  that  priests 
 are  to  bap-  -j^   places  and  districts  assigned  to  them   by  the  bishops 
 
 tize  and  ^  &  ^  f 
 
 to  preach  of  the  province,  take  care  to  discharge  the  duty  of  the 
 'gently,  apostolic  commission,  in  baptizing,  teaching  and  visiting : 
 according  to  lawful  rites,  with  great  diligence,  that  they 
 may,  according  to  the  apostle,  '  be  accounted  worthy  of 
 double  honour.'  And  let  them  by  all  means  take  care, 
 as  becomes  the  ministers  of  God,  that  they  do  not  give 
 to  the  seculars  or  monastics,  an  example  of  contemptible 
 or  wicked  conversation ;  that  is  (to  say  no  more)  by 
 drunkenness,  love  of  filthy  lucre,  or  obscene  talking,  and 
 the  like. 
 
 10.  Priests  lo.  In  the  tenth  decree,  they  taught  that  priests  should 
 understand  ^^^^^  ^^  know  how  to  perform  according  to  the  lawful  rites, 
 the  mean-  every  office  belonging  to  their  orders.  And  then  let  them 
 offices  and  ^^'^^  know  it  not,  learn  to  construe  and  explain  in  their 
 ceremo-  own  tongue,  the  Creed  and  Lord's  Prayer,  and  the  sacred 
 "'^^*  words  which   are  solemnly  pronounced  at  the  celebration 
 
 of  the  Mass,  and  in  the  office  of  Baptism.  Let  them  also 
 take  care  to  learn  what  those  sacraments  which  are  visibly 
 performed  in  the  Mass,  Baptism,  and  other  ecclesiastical 
 offices,  do  spiritually  signify ;  lest  they  be  found  dumb  and 
 ignorant  in  those  intercessions  which  they  make  to  God, 
 for  the  atonement  of  the  sins  of  the  people  or  in  their  own 
 ministerial  offices,  if  they  do  not  understand  the  meaning 
 of  their  own  words,  [nor]  the  sacraments,  by  which  others, 
 through  them,  are  making  proficiency  to  eternal  life. 
 
 11.  All  II-  They  proceeded  in  the  eleventh  mandate,  that  all 
 priests  are  priests  should  perform  every  sacerdotal  ministry,  every- 
 in  a  uni-  where,  in  the  same  way  and  fashion,  in  baptizing,  teaching, 
 form  way.   and  giving  sentence  ;  and,  which  is  of  principal  importance, 
 
 that  their  sentiments  concerning  the  belief  of  the  sacred 
 
VII]    HISTORY  OF  THE  ENGLISH  CHURCH  21 
 
 Trinity  be  right  and  sincere ;  and  that  they  do  in  the  first  747. 
 place,  teach  all,  that  come  to  take  directions  concerning 
 their  own  hfe  from  them,  that  '  without  faith  it  is  impossible 
 to  please  God.'  And  that  they  instil  the  creed  into  them, 
 that  they  may  know  what  to  believe  and  what  to  hope  for : 
 and  that  they  deliver  it  to  infants,  or  to  those  who  under- 
 take for  them  in  baptism,  and  teach  them  carefully  the 
 renunciation  of  the  pomps  of  the  devil,  and  auguries,  and 
 divinations ;  and  afterwards  teach  them  to  make  the  estab- 
 lished professions. 
 
 12.  They  added  in  the  twelfth  article,  that  priests  should  12.  Priests 
 not  declaim   in  church  like  secular  poets,  lest  they  spoil  fu^  *°  ^'"^ 
 
 ^  '  J      f        the  service 
 
 or  confuse  the  composition  and  distinction  of  the  sacred  simply  and 
 words,  by  a  dramatic  pronunciation,  but  follow  the  plain  [P  ^^^^  ^° 
 song,    or   holy  melody,   according   to   the   custom  of  the  functions. 
 Church.     Let  him  who  cannot  attain  to  this,  simply  read, 
 pronounce  and  rehearse  the  words,  as  the  moment  requires. 
 And    let   them   not  presume    upon    what   belongs   to   the 
 bishop.      In    the    meantime,    let   priests    not   presume   or 
 attempt  in  any  wise  to  perform  any  of  those  things  which 
 are  peculiar  to  bishops  in  some  of  the  ecclesiastical  offices. 
 
 13.  It  is  determined  by  the  thirteenth  decree,  that  the  13.  Festi- 
 holy  festivals  of  our  Lord's  Incarnation  be  uniformly  ob-  ^^  ^^'^^  j^° 
 served,  viz. — in  the  office  of  Baptism,  and  the  celebration  a  uniform 
 of   masses,   in    the    manner   of   singing   according   to   the  ^^^' 
 written    copy    which   we    have   from    the   Roman   Church. 
 
 i.\nd  that  the  nativities  of  the  saints,  throughout  the  circle 
 of  the  whole  year,  be  venerably  kept  on  the  same  day, 
 according  to  the  martyrology  of  the  said  Roman  Church, 
 with  their  proper  psalmody. 
 
 14.  In  the  fourteenth  place  it  is  ordained,  that  the  Lord's  14.  Of  the 
 day  be  celebrated  by  all,  with  due  veneration,  and  wholly  ^f  the'^"^^ 
 dedicated  to  divine  service.     And  let  all  abbots  and  priests.  Lord's 
 
 on  that  most  sacred  day,  remain  in  their  monasteries  and     ^^* 
 churches  and  say  solemn  mass :    and  laying  aside  all  ex- 
 
22  DOCUMENTS  ILLUSTRATIVE   OF  THE     [vii 
 
 747.  ternal  business,  and  secular  meetings  and  journeyings, 
 except  the  cause  be  insuperable,  let  them  by  preaching 
 instruct  the  servants  subject  to  them,  from  the  oracles  of 
 Holy  Scripture,  in  the  rules  of  religious  conversation  and 
 of  good  living.  It  is  also  decreed  that  on  that  day  and 
 the  great  festivals,  the  priests  of  God  do  often  invite  the 
 people  to  meet  in  the  church,  to  hear  the  word  of  God, 
 and  be  often  present  at  the  sacraments  of  the  masses  and 
 at  preaching  of  sermons. 
 T5.  The  15.  Under  the  fifteenth  head  they  have  determined  that 
 
 ^^^^".  .  the  seven  canonical  hours  of  prayer,  by  day  and  night, 
 hours  to  be  be  diligently  observed,  by  singing  proper  psalms  and  can- 
 observed,  i-fcles  ;  and  that  the  uniformity  of  the  monastic  psalmody 
 be  everywhere  followed,  and  nothing  be  read  or  sung 
 which  is  not  allowed  by  common  use ;  but  only  what  is 
 derived  from  the  authority  of  the  Holy  Scriptures  and  w^hat 
 the  custom  of  the  Roman  Church  permits ;  that  so  men 
 may  unanimously  praise  God  with  one  mouth.  In  this 
 they  also  agreed  that  ecclesiastics  and  monastics  should 
 remember  to  entreat  the  pity  of  the  Divine  clemency,  not 
 only  for  themselves,  but  for  kings,  and  for  the  safety  of 
 Christian  people,  at  the  proper  hours  of  prayer. 
 16.  Roga-  16.  They  agreed  under  the  sixteenth  head,  that  the 
 r°h  ^k"^^  Litanies,  that  is  Rogations,  be  kept  with  great  reverence 
 by  the  clergy,  and  all  the  people,  on  these  days,  viz. :  the 
 seventh  of  the  Kalends  of  May  [April  25]  according 
 to  the  rites  of  the  Roman  Church,  where  this  is  called  the 
 greater  Litany;  and  also  according  to  the  custom  of  our 
 ancestors,  on  the  three  days  before  our  Lord's  ascension 
 into  heaven,  with  fasting  till  nones,  and  celebration  of 
 masses,  not  with  a  mixture  of  vanities,  as  is  the  fashion 
 of  many,  who  are  either  negligent  or  ignorant — that  is  with 
 games,  and  horse  races,  and  great  banquets ;  but  rather 
 with  fear  and  trembling,  with  the  sign  of  Christ's  passion 
 and   of  our   eternal  redemption  carried  before  them,   to- 
 
vii]    HISTORY  OF  THE   ENGLISH  CHURCH  23 
 
 gether  with  the  reHcs  of  saints.     Let  all  the  people  with       747. 
 bended  knees  humbly  entreat  the  pardon  of  God  for  their 
 sins. 
 
 17.  It  was  constituted  in  the  seventeenth  precept,  that  the  17.  The 
 birthday  of  the  blessed  Pope  Gregory  and  also  the  day  of  ss^'Qj.^e-°^ 
 the  burial  of  St.  Augustine  the  Archbishop  and  Confessor  gory  and 
 (who  being  sent  to  the  English  by  the  said  Pope,  our  father  to^be^te^^t 
 Gregory,  first  brought  the  knowledge  of  the  faith,  the  sacra- 
 ment of  Eaptism,  and  the  notice  of  the  heavenly  country), 
 
 which  is  the  26th  of  May,  be  honourably  observed  by  all : 
 so  that  each  day  be  kept  with  a  cessation  from  labour,  by 
 ecclesiastics  and  monastics ;  and  that  the  name  of  our 
 blessed  father  and  doctor  Augustine  be  always  mentioned 
 in  singing  the  Litany  after  the  invocation  of  St.  Gregory. 
 
 18.  It  was  constituted  in  the  eighteenth  mandate,  that  none  18.  Ember 
 should  neglect  the  times  of  the  fasts;  that  is  of  the  fourth,  j^^^^^  ^°  ^^ 
 seventh  and  tenth  month,  but  that  the  people  be  informed  of 
 
 them  every  year  before  they  begin,  that  so  they  may  know 
 and  observe  the  established  fasts  of  the  Universal  Church, 
 and  that  all  may  do  it  in  a  uniform  manner,  and  make  no 
 difference  in  the  observance ;  but  take  care  to  celebrate  it 
 according  to  the  rites  of  the  Roman  Church,  of  which  we 
 have  a  written  copy. 
 
 19.  It  was  given  in  charge  in  the  nineteenth  place,  that  19-.  fhe 
 monks  and  nuns  be  humbly  subject  to  their  superior,  regularly  observe 
 constituted,  and  lead  a  quiet  Hfe  under  rule,  and  without  rule  and 
 dissension,  and  firmly  retain  those  things  which  are  agree-  appropri- 
 able to  the  profession  of  their  habit ;  and  let  them  not  use  ately. 
 gorgeous  apparel,  or  such  as  savours  of  vainglory,  like  secu- 
 lars, but  a  simple  habit,  such  as  agrees  with  their  profession. 
 
 20.  It  is  enacted  by  the  twentieth  decree,  that  bishops  by  on  visita- 
 
 a  vigilant  inspection  in  their  dioceses,  take  care  that  monas-  Jj^°^"  [^e^^^ 
 teries,  as  their  name  imports,  be  honest  habitations  of  the  religious 
 silent  and  quiet,  and  of  such  as  labour  for  God's  sake ;  not  g^J^'"^^ 
 receptacles  of  recreative  arts,  of  poets,  harpers,  musicians,  statutes. 
 
24  DOCUMENTS  ILLUSTRATIVE  OF  THE     [vii 
 
 747.  and  buffoons,  but  habitations  of  those  who  pray,  and  read, 
 and  praise  God.  And  that  leave  be  not  given  to  any  secular 
 to  roam  about  through  places  which  are  not  meant  for  them, 
 nor  to  have  the  run  of  the  inner  cells  of  a  monastery,  lest  at 
 any  time  they  should  carry  away  thence  matter  for  finding 
 fault,  if  they  see  or  hear  anything  unbecoming  in  the 
 cloisters  of  a  monastery  ;  for  such  familiarity  with  lay  folk, 
 especially  in  the  monasteries  of  nuns  whose  discipline  is 
 not  very  strict  \i7iinus  regulariter  conversanfium\  is  hurtful 
 and  prejudicial ;  because,  by  this  means,  causes  of  suspicions 
 among  adversaries  \_adversoru7n]  or  wicked  men  not  only 
 arise,  but  are  in  fact  committed,  and  spread  abroad,  to  the 
 bad  repute  of  our  [tiostrcE]  profession.  Let  [not]  there- 
 fore nunneries  be  dens  for  unseemly  gossip,  feastings, 
 drunkenness  and  luxury,  but  habitations  of  such  as  live  in 
 continence  and  sobriety,  and  who  read  and  sing  psalms ; 
 and  let  these  spend  their  time  in  reading  books  and  sing- 
 ing psalms,  rather  than  in  weaving  and  working  parti- 
 coloured, vainglorious  apparel. 
 21.  Against      2^-  ^^  ^^  Ordained  in  the  twenty-first  place,  that  monastics 
 
 drunken-    and  ecclesiastics  neither  follow  nor  affect  the  vice  of  drunken- 
 ness in  ,  •  1    •  T       11  •  '1  11 
 ecclesias-    i^^ss,  but  avoiQ  it  as  deadly  poison,  since  the  apostle  de- 
 tics,            clares,  '  Drunkards  inherit  not  the  kingdom  of  God.'     And 
 at  another  place,    '  Be  not  drunk   with  wine,   in  which  is 
 luxury.'     Nor  let  them  force  others  to  drink  in  temperately, 
 but   let   their   entertainments   be   cleanly   and    sober,    not 
 luxurious,  nor  with  any  mixture  of  dehcacies  or  buffooneries, 
 lest  the  reverence  due  to  their  habit  grow  into  contempt 
 and  be  deservedly  in  ill-repute  among  seculars  :    and  that 
 unless  some  necessary  infirmity  compel  them,  they  do  not, 
 like  common  tipplers,  indulge  in  drinkings  till  the  canonical, 
 that  is  the  third  hour,  be  fully  come, 
 s^stics^to"       ^^'  ^^  ^^^  decreed  in  the  twenty-second  head,  that  all 
 communi-    monastics  and  ecclesiastics,  be  admonished  to  keep  them- 
 qu'enU^'      sclves  always  prepared  for  the  Holy  Communion  of  the  Body 
 
vii]    HISTORY  OF  THE  ENGLISH  CHURCH  25 
 
 and  Blood  of  our  Lord  :  and  that  rectors  take  diligent  care  747 
 that  none  of  those  subject  to  them  lead  such  dissolute, 
 wretched  lives  as  to  be  separated  from  the  participation  of 
 the  altar  (their  sins  so  requiring),  or  be  careless  in  confessing 
 and  doing  penance  for  their  crimes.  If  any  one  be  found 
 so,  let  him  be  sharply  reproved. 
 
 23.  It  was  added  in  the  twenty-third  place,  that  lay-boys  23.  The 
 be  likewise  admonished  to  communicate,  while  they  are  not  funcUon 
 as  yet  corrupted,  not  being  of  the  lustful  age ;  also  those  of  for  the  lay 
 a  riper  age,  whether  unmarried  or  married,  who  refrain  from  ^^°^  ^" 
 sin,  are  to  be  exhorted  to  the  same  purpose,  that  they  fre- 
 quently communicate,  lest  they  grow  weak  for  want  of  the 
 salutary  meat  and  drink,  since  our  Lord  says,  'Except  ye  eat 
 
 the  flesh  of  the  Son  of  Man,'  &c. 
 
 24.  It  was  enacted  under  the  twenty-fourth  head,  that  if  any  24.  Candi- 
 secular  desire  to  enter  into  the  service  of  the  holy  profes-    ^^^^  ,°^ 
 
 •'   ^  monastic 
 
 sion,  he  should  not  receive  the  tonsure  before  his  conversa-  life  to  be 
 tion  and  moral  qualifications  (according  to  the  prescript  of  ^^'  , 
 the  monastic  rule)  be  clearly  tried,  according  to  the  apos- 
 tolical precept,  saying,  *  Try  the  spirits  whether  they  are  of 
 God,'  unless  some  reasonable  cause  plead  for  his  being  pre- 
 viously admitted  into  the  congregation.  Further,  let  bishops 
 of  churches  and  rectors  of  monasteries  know  that  they 
 ought  the  more  diligently  to  try  and  examine  every  one 
 while  he  is  in  the  lay  habit,  before  beginning  monastic  life, 
 that  they  may  the  better  bear  with  him,  being  such  as  they 
 had  upon  trial  found  him,  if  after  his  admission  he  displease, 
 and  prove  intractable  ;  nor  by  any  means  should  they  rashly 
 expel  him  for  any  cause,  so  that  he  scandalously  go  from 
 one  layman's  house  to  another,  to  the  reproach  of  our 
 profession — unless  the  cause  be  such  that  it  so  happens 
 a  decree  of  a  synod  has  determined  that  he  be  dismissed 
 and  anathematized  by  all,  in  all  places,  unless  he  come  to 
 
 satisfaction.  _,-  i. 
 
 --,,,,        25.  Bishops 
 
 25.  It  was  determined  under  the  twenty-nith  head,  that  ^^  publish 
 
almsgiv- 
 in 
 
 26  DOCUMENTS  ILLUSTRATIVE    OF    THE     [vii 
 
 747.       bishops  coming  from  synods,  assembling  the  priests,  abbots, 
 
 synodal       and  chiefs  [of  monasteries  and  churches]  within  their  dio- 
 decrees. 
 
 ceses  and  laying  before  them  the  injunctions  of  the  synod, 
 
 should  give  it  in  charge  that  they  be  kept.     And  if  there  be 
 anything  which  a  bishop  cannot  reform  in  his  own  diocese 
 [diocesi],   let   him    lay  it   before  the  archbishop  in   synod, 
 and  publicly  before  all,  in  order  to  its  being  reformed. 
 26.  Of  26.  In  the  twenty-sixth  place,  the  sentiments  of  the  fathers 
 
 concerning  the  profitableness  of  alms  were  produced  :  that 
 they  are  necessary  to  be  done  by  faithful  men,  in  order  that 
 past  sins  may  the  sooner  and  more  fully  be  forgiven  by  God 
 to  offenders  who  do  penance  by  alms ;  and  that  the  Divine 
 protection  may  be  obtained  by  them,  the  same  deeds  be 
 not  again  committed,  nor  any  others  like  them ;  and  that 
 to  all  who  live  religiously,  the  purity  of  their  innocence 
 being  graciously  preserved  by  God,  a  recompense  of  things 
 eternal  may  be  made  to  them  hereafter  in  heaven  in  con- 
 sideration of  their  freely  disposing  of  their  temporal  things 
 here  on  earth.  And  certainly  alms  are  not  to  be  given  to 
 the  intent  that  a  man  may  commit  any  the  least  sins  with 
 the  greater  liberty  on  account  of  the  alms  given  by  him  or 
 by  any  other  in  his  behalf.  But  let  them  be  given  in  the 
 manner  aforesaid,  for  alms  are  a  name  and  work  of  mercy ; 
 therefore,  let  whosoever  desires  to  do  mercy  truly  to  his 
 own  soul,  not  give  alms  out  of  his  unjust  plunder,  but  out 
 of  his  own  well-gotten  substance.  For  if  it  be  given  out  of 
 what  is  acquired  by  cruelty  or  violence,  Divine  justice  is 
 rather  provoked  than  pacified  by  it,  because,  according  to 
 the  Scripture,  the  alms  that  are  done  out  of  the  substance 
 of  the  poor  are  like  killing  the  son  in  the  presence  of  the 
 father  (Ecclus.  xxxiv.  20).  Nor  let  a  man  give  alms  to  the 
 needy  to  the  intent  that  he  may  more  freely  immerse  him- 
 self in  gluttony  and  drunkenness  beyond  all  bounds,  lest 
 by  putting  God's  justice  to  sale  he  be  not  only  more  sharply 
 but  more  speedily  condemned  by  it.     And  to  speak  gener- 
 
vii]     HISTORY   OF  THE  ENGLISH  CHURCH  27 
 
 ally,  let  not  any  man's  alms  be  daily  given  to  God  with  this  747. 
 view,  that  they  may  with  impunity  indulge  their  bodily  lusts ; 
 for  they  give  alms  in  vain  which  are  not  entirely  their  own 
 and  free  from  any  mixture  of  wicked  dealing,  who  desire 
 and  hope,  through  the  blindness  of  their  fancy,  by  this 
 means  to  bribe  the  Heavenly  Judge.  For  they  who  act 
 and  think  in  this  manner,  while  they  seem  to  give  their  own 
 to  God,  do  undoubtedly  by  their  crimes  give  themselves 
 to  the  Devil.  Lastly,  then,  let  not  alms  be  given  (according 
 to  the  newly-invented  conceit  of  men's  own  will,  grown  into 
 a  custom  dangerous  to  many)  for  the  making  of  abatement 
 or  commutation  of  the  expiatory  fasts  and  other  works  of 
 satisfaction  enjoined  to  a  man,  by  a  priest  of  God,  for  his 
 own  crimes  according  to  the  canon  law  ;  but  rather  as  an 
 increase  of  his  own  amendment,  that  the  Divine  wrath,  which 
 he  has  provoked  by  his  own  demerits,  may  the  sooner  be 
 appeased.  And  withal,  the  more  unlawful  the  thing  a  man 
 has  done,  the  more  he  ought  to  abstain  from  things  that  are 
 lawful,  and  the  greater  sins  he  has  committed,  the  greater 
 fruit  of  good  works  he  ought  to  yield  to  God,  and  not  to 
 drop  or  lessen  some  good  works  by  practising  others  in  their 
 stead.  For  it  is  good  to  be  assiduous  in  psalmody,  and 
 often  to  bow  the  knee  with  a  sincere  intention,  and  daily 
 to  give  alms ;  yet  abstinence  is  not  to  be  remitted.  Fasting 
 once  imposed  by  the  rule  of  the  Church,  without  which  no 
 sins  are  forgiven,  is  not  to  be  remitted  on  account  of  these 
 things.  Let  these  and  such  like  be  done  as  additions,  for 
 the  more  full  expiation  of  sin ;  for  it  is  necessary  that  the 
 flesh,  which  drew  us  willingly  unto  sin  by  its  incontinence, 
 being  afflicted  by  fasting  should  hasten  our  pardon ;  for 
 such  sins  as  exclude  us  from  the  kingdom  of  heaven,  if  they 
 are  not  corrected,  are  to  be  expiated  with  all  the  pious 
 actions  that  a  man  can  do.  For  one  knows  not  what  the 
 following  day  may  bring  forth,  and  for  how  long  a  time  he 
 may  be  in  a  condition  to  do  any  good  deeds  for  his  former 
 
:^8  DOCUMENTS  ILLUSTRATIVE   OF  THE     [vii 
 
 747.       evil  ones.     For  He  who  has  promised  pardon  to  the  sinner 
 has  not  promised  him  another  day. 
 27.  Of  the        27.   Under  the  twenty-seventh    head — when  discoursing 
 benefit  of    ^-^uch  of  those  who  sing  psalms  or  spiritual  songs  profitably, 
 singing.       or  of  those  who  do  it  negligently — psalmody,  they  say,  is  a 
 Divine  work,  a  great  cure  in  many  cases  for  the  souls  of  those 
 who  do  it  in  spirit  and  mind.     But  they  that  sing  with  voice, 
 without  the  inward  meaning,  may  make  a  sound  resembling 
 something ;  therefore,  though  a  man  know  not  the  Latin 
 words  that  are  sung,  yet  he  may  apply  the  intentions  of  his 
 own  heart  to  the  things  which  are  at  present  to  be  asked  of 
 .J     God,  and  fix  them  there  to  the  best  of  his  power.     For  the 
 psalms,  which  proceeded  of  old  through  the  mouth  of  the 
 prophet  from  the  Holy  Ghost,  are  to  be  sung  with  the  inward 
 intention  of  the  heart  and  a  suitable   humihation  of  the 
 body  ;  to  the  end  that  by  the  oracles  of  Divine  praise  and  the 
 sacraments  of  our  salvation,  and  the  humble  confession  of 
 sins,  or  by  devoutly  imploring  the  pardon  of  them,   they 
 that  touch  the  ears  of  Divine  pity  by  praying  for  any  valu- 
 able thing,  may   the  more  deserve  to  be   heard  by  their 
 desiring  and  affecting  to  draw  near  to  God,  and  to  appease 
 Him  by  the  means  which  I  (sic)  have  before  mentioned, 
 especially  their  most  holy  and  divine  service,  whether  they 
 offer  variety  of  prayers  and  praises  to  God  in  that  sacred 
 chanting  either  for  themselves  or  for  others,  quick  or  dead, 
 or  at  the  end  of  every  psalmody  bow  their  knees  in  prayer 
 and  say  in  the  Latin,  or  if  they  have  not  learnt  that,  in  the 
 '-i  Saxon,  '  Lord  have  mercy  on  him  and  forgive  him  his  sins, 
 and  convert  him  to  do  Thy  will ' ;  or  if  it  be  for  the  dead, 
 '  Lord,  according  to  the  greatness  of  Thy  mercy  grant  rest 
 to  his  soul,  and  for  Thine  infinite  pity  vouchsafe  to  him  the 
 joys  of  eternal  light  with  Thy  saints.'    But  let  them  who  pray 
 for  themselves  have  a  great  faith  in  psalmody  performed 
 •with  reverence,   as  very  profitable  to  them,  when  done  in 
 the  manner  aforesaid  (on  condition  that  they  persevere  in 
 
vii]     HISTORY  OF  THE  ENGLISH  CHURCH  29 
 
 the  expiation  of  their  crimes,  and  not  in  the  allowance  of  747. 
 their  vices)  that  is,  they  may  the  sooner  and  the  more  easily 
 deserve  to  arrive  at  the  grace  of  Divine  reconciliation  by 
 prayers  and  intercessions  while  they  worthily  sing  and  pray, 
 or  that  they  may  improve  in  what  is  good,  or  that  they 
 may  obtain  what  they  piously  ask,  not  with  any  intent  that 
 they  may,  for  one  moment,  do  evil  or  omit  good  with  the 
 greater  liberty,  or  relax  fasting  enjoined  for  sin,  or  give  the 
 less  alms  because  they  believe  others  fast  or  sing  psalms  for 
 them.  For  let  every  one  certainly  know  that  his  very  own 
 flesh,  which  has  been  the  cause  of  unlawful  wicked  desires, 
 ought  to  be  restrained  from  what  is  lawful,  and  that  a  man 
 should  punish  it  now  in  proportion  to  its  guilt,  if  he  desire 
 not  to  be  punished  hereafter  by  the  Eternal  Judge.  Let 
 himself  first  crave  the  Divine  clemency,  with  groanings  of 
 heart  for  the  restoration  of  himself,  and  then  bring  as  many 
 servants  of  God  as  he  can  to  make  their  common  prayers  to 
 God  for  him.  For  if  they  promise  or  believe  or  act  other- 
 wise than  has  been  before  said,  they  do  not  lessen  sins  but 
 add  sins  to  sins,  because  by  this  means,  above  all  the  rest, 
 they  provoke  the  anger  of  the  Judge  on  high,  because  they 
 dare  to  set  his  justice  to  sale  every  day  by  inordinate  flat- 
 tery and  excessive  blandishment,  whilst  their  behaviour  is 
 unrestrained. 
 
 We  must  speak  at  large  of  this,  because  a  worldly  rich 
 man  of  late,  desiring  that  speedy  reconciliation  might  be 
 granted  him  for  gross  sin,  affirmed  by  letters  that  that  sin  of 
 his,  as  many  assured  him,  was  so  fully  expiated,  that  if  he 
 could  live  300  years  longer,  his  fasting  was  already  paid 
 by  these  methods  of  satisfaction,  namely  :  psalmody,  fasting, 
 and  alms  of  others,  apart  from  his  own  fasting,  or  however 
 little  it  might  be.  If  then  Divine  justice  can  be  appeased 
 by  others,  why,  you  foolish  boasters,  is  it  said  by  the  voice 
 of  Truth  itself  :  '  It  is  easier  for  a  camel  to  go  through  the 
 eye  of  a  needle  than  for  a  rich  man  to  enter  the  kingdom  of 
 
30  DOCUMENTS  ILLUSTRATIVE  OF  THE    [vii 
 
 747.  heaven,'  when  he  can  with  bribes  purchase  the  unnumbered 
 fastings  of  others  for  his  own  crimes  ?  Oh  that  you  might 
 perish  alone,  you  that  are  deservedly  called  the  gates  of 
 Hell,  and  who  persuade  [others]  to  sin,  before  more  are 
 ensnared  by  your  misguiding  flattery,  and  led  into  the  plague 
 of  God's  eternal  indignation.  Let  no  man  deceive  himself; 
 God  deceives  none  when  he  says  by  the  apostle  '  We  shall 
 all  stand  before  the  judgment  seat  of  Christ,'  &c. 
 
 28.  Of  the  28.  Under  the  twenty-eighth  injunction  they  charged  that 
 size  of        j^Q  Qj^g  should  admit  a  larger  congregation  than  he  can 
 
 monas-  °  00 
 
 teries  and  maintain  and  find  in  necessaries.  If  any  have  unwarily 
 apparel  of  ^qt^q  ^}^is,  let  them  exact  the  less  work  from  them  till  they 
 
 monks  and 
 
 nuns.  can  give  them  food  and  raiment  suitable  to  their  habit  of 
 
 profession.  And  among  other  observances  of  the  regular 
 life,  let  them  use  the  accustomed  apparel  of  those  who  have 
 been  before  them,  whether  they  are  clerks  or  monks.  And 
 let  them  not  imitate  seculars  in  the  fashionable  gartering  of 
 their  legs,  nor  in  having  hoods  round  their  heads  after  the 
 fashion  of  the  layman's  cloak,  contrary  to  the  custom  of 
 the  Church.  Likewise,  that  nuns  veiled  by  the  priest,  and 
 having  taken  the  habit  of  their  holy  profession,  ought  not 
 to  go  in  secular  apparel,  or  in  gaudy,  gay  clothes,  such  as 
 lay  girls  use,  but  take  care  always  to  keep  the  garb  of 
 chastity,  which  they  have  received  to  signify  their  humility 
 and  contempt  of  the  world,  lest  the  hearts  of  others  be 
 defiled  by  the  sight  of  them,  and  they,  by  this  means,  be 
 found  guilty  of  this  defilement  in  the  sight  of  God. 
 
 29.  That  29.  Under  the  twenty-ninth  [head]  they  enacted,  with 
 b°  °"f  u  regulative  decree,  that  after  this  synod  it  be  not  lawful  for 
 rehgious  clerks,  monks,  or  nuns  to  dwell  any  longer  in  the  houses  of 
 protession  gg^^^j^^s  with  laymen,  but  that  they  go  back  to  the  monas- 
 
 live  with  -^  '  . 
 
 laymen.  teries  where  they  had  first  taken  the  habit  of  their  sacred 
 profession,  from  which  they  departed  of  their  own  accord, 
 or  were  expelled  by  the  violence  of  others,  as  has  certainly 
 been  done  in  many  places,  and  that  free  admission  be  not 
 
vii]    HISTORY  OF  THE  ENGLISH  CHURCH  31 
 
 denied  them  on  their  return  on  account  of  any  manner  of  747. 
 previous  fault.  But  if  any  of  either  sex,  not  being  under 
 a  curse,  but  after  receiving  leave  and  benediction  have 
 afterwards  been  peaceably  admitted  by  others  into  their 
 society  and  union,  and  yet  since  this  have  run  up  and  down 
 among  the  laity,  roving  and  unsettled,  this  return  afore- 
 said thus  enjoined  does  not  relate  to  the  house  whence 
 they  went  out  in  regular  form,  but  to  that  place  where,  by 
 mutual  agreement  on  both  sides,  they  were  duly  received  to 
 union  and  fellowship. 
 
 30.  Under  the  thirtieth  head  a  long  discussion  was  pub-  30.  A  dis- 
 licly  made  between  the  priests  of  God  and  those  of  less  ^"ssion 
 
 about  the 
 
 degree,  inquiring  how  they  might,  in  the  existing  condition  avoidance 
 of  things,  be  enabled  to  silence  entirely  jealousy,  or  words  of  jealousy 
 akin  to  jealousy,  concerning  them,  their  own  conscience  ecclesias- 
 within  bearincr  them  witness  that  any  such  suspicion  was  I^^^  ^"^   , 
 
 .  .  ^  laymen  ot 
 
 false  and  vain — namely,  that  kings,  with  their  officers  and  position. 
 chief  men  and  many  besides  of  less  degree,  have  persuaded 
 themselves,  and  are  wont  to  assert,  that  they  not  only  are 
 insincere  in  love  and  affection  towards  them,  but  indeed 
 grudge  them    the    good    things    present  with  a  heart  too 
 malevolent,  rather  than  rejoice  with  them  loyally,  and  do 
 not  cease  to  inveigh  against  their  way  of  living,  with  bitter 
 abuse.     Their  view,  indeed,  was  that  any  man  of  higher 
 position  and  dignity,  who  thought  or  said  such  things  for 
 any  reason,  did   so   most  undeservedly,  for  that  this  Was 
 contrary  not  only  to  the  profession  of  their  habit  but  to 
 the  teaching  of  evangelists  and  apostles,  which  they  ought 
 to  proclaim  to  all  in  general,  namely,  that  no  preacher  of 
 peace  and  love  to  God  and  men,  who  were  made  in  the 
 Hkeness  of  God,  should  ever  venture  for  a  moment  to  enter- 
 tain in  himself  fuel   for  hatred  and  envy.     And  so,   that  Continual 
 their  accusers  might  more   certainly  avow  that  they  were  g"^^^J^^" 
 free  from  this  abominable  fault,  both  before  God  and  man,  this  object 
 they  ordained  that,  for  the  future,  ecclesiastics  and  monks  ^^  enacted. 
 
32  DOCUMENTS  ILLUSTRATIVE  OF  THE     [vii 
 
 747.  should  at  the  canonical  hours  of  prayer,  not  only  for  them- 
 selves, but  also  for  kings  and  great  men,  and  the  good 
 estate  of  all  Christian  people,  supplicate  the  Divine  mercy 
 without  ceasing,  that  they  might  be  counted  worthy  to  pass 
 their  life  in  peace  and  quietness  under  their  good  protec- 
 tion ;  and  that  henceforward  they  might  be  of  one  soul  in 
 faith,  hope,  and  love  towards  God,  and  love  one  another 
 in  such  wise  that  after  the  course  of  this  pilgrimage  they  be 
 counted  worthy  to  attain  together  the  heavenly  country ; 
 and  that  the  Divine  mercy  shall  be  more  earnestly  entreated 
 for  those  who  most  often  extend  their  pious  patronage  to 
 the  Churches  of  Christ  whilst  they  are  alive ;  and  that  the 
 atoning  celebration  be  more  often  performed  by  the  ministry 
 of  very  many  priests  of  Christ  for  their  souls'  rest  when 
 they  are  dead,  if,  that  is,  they  have  remembered  to  make 
 themselves  worthy  of  this  benefit  when  alive. 
 
 VIIT. 
 
 SYNODS  HELD  AT  CHELSEA  AND  ELSEWHERE, 
 
 A.D.   787. 
 
 787,  The  following  document  is  a  report  sent  by  the  legates  George  and 
 
 Theophylact  to  Pope  Hadrian  I.  It  was  originally  printed  by  the 
 Magdeburg  Centuriators  from  a  MS.  which  has  not  since  been  verified. 
 There  is  no  reason  to  doubt  its  authenticity,  as  the  internal  proofs  of 
 this  are  very  strong.  See  H.  and  S.  iii.  447-461.  It  occurs  in  the 
 Centuries,  viii.  p.  575. 
 
 [Johnson's  tr.,  compared  with  H.  and  S.] 
 
 The  We  have  written  a  capitular  of  all  the  particulars,  and  re- 
 
 egates        hearsed  them  in  order  in  their  hearing,  who,  with  all  humble 
 
 report  the  °'  ' 
 
 success  of   submission  and  evident  willingness,  embracing  your  admoni- 
 
 t  cir  mis     ^^Qj^  ^j^^  Q^^j,  poor  selves,  promised  in  all  particulars  to  obey. 
 
 Then  we  delivered  to  them  your  letters  to  read,  enjoining 
 
viii]   HISTORY  OF  THE  ENGLISH   CHURCH 
 
 33 
 
 them  that  they  would  see  that  the  holy  decrees  be  observed       787. 
 both  by  themselves  and  their  subjects.     Now  these  are  the 
 heads  which  we  produced  to  be  observed  by  them : 
 
 1.  That  the  holy,  inviolate  faith  of  the  Nicene  Council  be  The  clergy 
 faithfully  and  firmly  held  by  all  that  are  devoted  to  the  holy  ^°  hold  and 
 
 •^  teach  the 
 
 service;   and  that  the  priests  of  every  church  who  are  to  faith  of  the 
 
 teach  the  people  be  diligently  examined  by  the  bishops  every  !!^  g:eneral 
 
 year  in  their  synodical  assemblies,  concerning  the  faith  :  so  and  to  be 
 
 that  they  may  profess  hold  and  teach   the  apostolic  and  ^^^^^ined 
 
 ....  yearly, 
 
 catholic  faith  of  the  six  Councils  which  is  approved  by  the 
 
 Holy  Ghost,  and  not  fear  to  die  for  it  if  there  be  occasion  ; 
 
 and  that  they  receive  all  such  men  as  the  general  Councils 
 
 have  received,  and  reject  and  condemn  all  those,  heartily, 
 
 whom  they  have  condemned. 
 
 2.  That  Baptism  be  administered  according  to  the  canon-  The  season 
 ical  statutes,  and  not  at  any  other  time  except  in  great  ^."<^  condi- 
 
 tions  of 
 
 necessity;  that  all  in  general  know  the  Creed  and  the  Lord  s  Baptism, 
 Prayer ;  that  all  who  receive  children  from  the  font  know  ^""^  <^he 
 
 .  .  responsi- 
 
 that  they  are  sureties  to  the  Lord,  according  to  their  under-  bilities  of 
 taking,  for  the  renouncing  of  Satan,  his  works,  and  pomps,  sponsors 
 and  for  the  believing  of  the  faith  ;  that  they  teach  them  the  and  in- 
 Lord's  Prayer  aforesaid  and  the  Creed,  while  they  are  coming  struction. 
 to  ripeness  of  age :  for  if  they  do  not,  what  is  promised  to 
 God  on   behalf  of  them  that  cannot  speak  shall  be  with 
 rigour  exacted  of  them.     Therefore  we  enjoin  that  this  be 
 charged  on  the  memories  of  all  the  people  in  general. 
 
 3.  That  there  be  two  Councils  each  year  according  to  the  Bishops  to 
 canonical  decrees,  that  the  briers  and  thorns  may  be  cut  off  ^^^^  ^T^^ 
 
 '  •'  annual 
 
 from  the  hearts  of  all  offenders  as  spurious  branches  are  by  Councils, 
 good   husbandmen.      And  let  every  bishop  go  round  his  ^"^^^^^jg^^^^] 
 diocese  once  every  year,  carefully  appointing  places  of  meet-  tions, 
 ing  at  convenient  distances  ;  that  all  may  meet  to  hear  the 
 word  of  God,  lest  any,  through  the  neglect  of  the  shepherd, 
 ignorantly    going   astray,    be   victims    to    the    bite   of    the 
 roaring  lion.    Let  him  with  watchful  care  preach  to  and  con- 
 
 D 
 
34  DOCUMENTS  ILLUSTRATIVE  OF  THE  [viii 
 
 787.       firm  the  flock  committed  to  his  charge  ;  let  him  separate  the 
 to  preach,   incestuous,   coerce  soothsayers,  fortune-tellers,  enchanters, 
 and  exe'r-    diviners,  wizards,  and  sacrilegious  ones,  and  suppress  all  vices. 
 CISC  disci-    And  let  no  man  affect  to  feed  the  flock  committed  to  him 
 '  for  filthy  lucre's  sake,  but  in  hope  of  an  eternal  reward  ; 
 
 and  clergy  and  what  he  has  freely  received  let  him  freely  give  to  all,  as 
 ^^  ^A^\-^  ^^^  apostle  protests  (2  Tim.  i.  i),  and  as  the  prophet  says  (Isa. 
 ness  and  xh  9),  that  SO  he  may  excel  in  merit  as  he  does  in  dignity, 
 to  be  true  ^j^^j  ^]^^l-  ]-jg  j^^^y  j^q^-  |^g  cramped  by  fear  whilst  he  is  teach- 
 shepherds.  .  .  \  •        \ 
 
 mg,  let  him  hearken  (Isa.  xl.9).  Jeremiah  also  says  (Jer.  1. 17). 
 
 Alas  for  this  lamentable  lukewarmness.  As  many  thoughtful 
 men  say  :  why  will  ye  be  involved  in  the  love  of  secular 
 things,  or  be  dismayed  by  crime  and  confounded  in  opening 
 the  word  of  truth  ?  If  the  prelates  of  the  Church  are  silent 
 through  fear,  or  worldly  friendship,  and  do  not  reprove 
 sinners,  or  run  away  like  false  shepherds  who  care  not  for 
 the  sheep,  when  they  see  the  wolf  coming,  why  are  they  not 
 more  afraid  of  the  King  of  Kings,  and  Lord  of  Lords  ?  who 
 reprehends  shepherds  by  the  prophets  saying  (Ezek.  xiii.  5). 
 Lastly,  as  the  watchful  shepherd  guards  the  sheep  against 
 the  wild  beasts,  so  the  priest  of  God  ought  to  be  solicitous 
 for  the  flock,  lest  the  enemy  spoil,  the  persecutor  annoy; 
 lest  the  ravening  of  the  powerful  disturb  the  life  of  the  poor ; 
 since  the  prophet  says  (Ezek.  iii.  18);  for  *  The  good  shepherd 
 layeth  down  his  life  for  the  sheep.'  Endeavour,  my  fathers 
 and  brethren,  that  ye  bear  these  things  in  mind,  lest  it  be 
 said  to  you,  as  to  the  shepherds  of  Israel,  '  Ye  feed  yourselves,' 
 &c.,  but  that  ye  may  deserve  to  hear,  '  Well  done,  good  and 
 faithful  servant,'  &c. 
 Canons.  4.  That  bishops  take  great  care  that  canons  live  canon- 
 
 monks  and  ically,  and  monks  and  nuns   behave  themselves  resfularly, 
 nuns  to  live  "^  .  ... 
 
 and  dress    both  as  to  diet  and  apparel,  that  there  be  a  distinction 
 
 regularly     between  canon,   monk,   and  secular.     Let  the  monks  use 
 
 according 
 
 to  the  con-  the  habit  that  the  Easterns  do,  and  the  canons  too,  and  not 
 
 cihar  garments  dyed  with  Indian  colours,  or  very  costly.     But  let 
 
 decrees.        o  j  ^  j  j 
 
viii]  HISTORY  OF  THE  ENGLISH  CHURCH  35 
 
 bishops,  abbots,  and  abbesses  give  good  example  to  their  787. 
 subjects  as  Peter  says  (I.  v.  2).  Therefore  we  advise  that 
 the  synodical  decrees  of  the  six  general  Councils,  with  the 
 decrees  of  the  Roman  Pontiffs,  be  often  read  with  attention, 
 and  that  the  state  of  the  Church  be  reformed  according 
 to  the  pattern  described  therein,  that  no  novelty  be  intro- 
 duced, lest  there  be  a  schism  in  the  Church  of  God. 
 
 5.  That  if  an  abbot  or  abbess  depart  this  life,  which  The  elcc- 
 often  happens,  religious  pastors  of  approved  Hfe  be  chosen  j^onastic 
 from  among  themselves  in  the  Lord  to  take  care  of  the  souls  superiors. 
 committed  to  them,  with  the  bishop's  advice  within  vv-hose 
 diocese  the  monastery  is  situate.     But  if  such  a  person  is 
 
 not  to  be  found  in  that  convent  let  such  an  one  be  sent 
 them  from  another,  to  govern  them  in  the  Lord,  that  they 
 may  with  humility  and  obedience  be  employed  day  and 
 night  in  performing  the  vow  they  have  made  to  God,  '  having 
 their  loins  always  girt  about,'  &c. 
 
 6.  That  no  bishop  presume  to  ordain  a  man  priest  or  Conditions 
 deacon  unless  he  be  of  approved  life,  and  sufficient  for  the  ^^^^^^l' 
 full  discharge  of  his  office  ;  and  let  them  continue  in  that  title, 
 title  to  which  they  were  consecrated ;  so  that  none  presume 
 
 to  receive  a  priest  or  deacon  from  the  title  that  belongs 
 to  another,  without  a  reasonable  cause,  and  letters  com- 
 mendatory. 
 
 7.  That  all  churches  have  their  course  publicly  at   the  The  hours 
 
 ,  ,  .  ,  of  church 
 
 canonical  hours  with  reverence.  service. 
 
 8.  That  ancient  privileges  conferred  on  churches  by  the  Preserva- 
 Holy  Roman  See  be  preserved  by  all.     But  if  any  have  tion  of 
 
 .  .  ,.  ancient 
 
 been  granted  contrary  to  the  canonical  decrees^  in  compliance  privileges. 
 with  wicked  men,  let  them  be  cancelled. 
 
 9.  That  no  ecclesiastic  presume  to  eat  in  secret  unless  No  eccle- 
 on  account  of  great  infirmity ;  for  this  is  hypocrisy  and  the  ^^^  ^^ 
 way  of  the  Saracens  [Sarabatta  or  vagrant  monks  ?] ;  there-  secret. 
 fore  they  advise  that  we  be  not  'whited  sepulchres,'  &c., 
 especially  since  our  Saviour  says  :  '  Take  heed  that  ye  do  not 
 
 D  2 
 
36  DOCUMENTS  ILLUSTRATIVE   OF  THE  [viii 
 
 787.       your  justice  before  men.'     From  hence  we  may  see  how 
 
 httle  it  means  to  fast  before  men  but  to  swallow  down  beef 
 
 or  horseflesh  in  secret,  since  our  good  works  are  commanded 
 
 to  be  done  in  secret,  that  we  may  be  rewarded  by  Him 
 
 in  whose  name  they  are  done. 
 
 The  cele-         lo.  Let  no  minister  of  the  altar  presume  to  go  and  cele- 
 
 attire  for     t)rate  mass  with  bare  legs^  lest  his  nakedness  be  seen  and  God 
 
 mass ;  the  be  offended.     For  if  this  was  forbidden  in  the  Law,  we  know 
 
 the  brlLd    ^^  ought  to  be  more  carefully  observed  in  the  Sacrament  of 
 
 and  Christ.     Let  bread  be   offered  by  the  faithful,  not  crusts. 
 
 We  have  also  forbidden  the  chalice  or  paten  for  sacrificing 
 
 Bishops      to  be  made  of  ox-horn  because  they  {sic)  are  of  blood.     We 
 
 iud^c  have   also  there    seen   bishops   in   their  Councils  judging 
 
 secular        secular  matters,  and  we  forbad  them  with  the   apostolic 
 
 saying  (2  Tim,  ii.  4);   we  have  also  entreated  that  prayers 
 
 Interces-     j^g  assiduously  made  for  the  Church  of  God,  that  God  and 
 
 Church.       our  Lord  Jesus  Christ  may  exalt,  corroborate  and  protect, 
 
 defend  and  preserve  her  without  spot,  to  the  praise  and 
 
 glory  of  His  name  for  ever  and  ever.     Amen. 
 
 The  duty         II.  Our  address  to  kings  is  that  they  administer  their 
 
 o     ings  as  CTovernment  with   caution   and   discretion,   and   that   they 
 rulers  and    °  _     _  ^  •' 
 
 judges  in  judge  righteously,  as  it  is  written,  '  Take  hold  of  discipline  ' 
 obedience  ^pg^  jj_  ^2).  Further,  as  we  have  above  directed  bishops 
 bishops,  to  speak  the  word  of  God  with  a  Divine  authority,  faithfully 
 and  truly,  without  fear  or  flattery,  to  kings,  princes,  and  all 
 dignities,  never  declining  the  truth,  sparing  no  man,  con- 
 demning no  man  unjustly,  excommunicating  none  without 
 cause,  and  to  show  the  way  of  salvation  to  all,  both  by  word 
 and  example — so  we  have  also  admonished  kings  and 
 princes  that  they  from  their  heart  with  great  humility  obey 
 their  bishops,  because  the  kingdom  of  heaven  is  committed 
 to  them,  and  they  have  the  power  of  binding  and  loosing, 
 as  it  is  written  (Deut.  xxxii.).  And  the  apostle  elsewhere 
 (Heb.  xiii.  17).  Our  Saviour  Himself  says  to  doctors 
 (Luke  x.  16).    The  lips  of  the  priest  preserve  knowledge, 
 
viii]    HISTORY  OF  THE  ENGLISH  CHURCH  37 
 
 for  he  is  the  angel  of  the  Lord  of  Hosts.     If  then  priests       787. 
 are  called  angels,  they  cannot  be  judged  by  secular  men,  as  and  in  de- 
 the  apostle  says,   '  For  me   it  is  a  very  small  thing  that  [he^di^o^nUy 
 I  should  be  judged  by  you.'     Also  it  is  said  by  the  Psalmist  of  the 
 (Ps.  cv.  14).     And  the  apostle  says  (i  Cor.  vi.  3).     For  as  P"^'^^°°^- 
 kings  are  above  all  dignities,  so  are  bishops  in  things  per- 
 taining to  God.     Therefore  we  exhort  with  all  earnestness, 
 that  all  do  indeed  honour  the  Church  of  God,  which  is  the 
 spouse  of  Christ ;  and  not  put  on  her  an  unrighteous  yoke 
 of  servitude,  nor  wax  proud  with  secular  power,  nor  oppress 
 others  with  violence,  as  it  is  written   (Ps.  xciv.   4).     Let 
 every  one  of  them  consider  how  he  expects  that  his  spouse 
 should  be  honoured  by  his  subjects,  and  let  him  see  in  this 
 earthly  example   how  much   the   spouse   of  the   King  of 
 Heaven  ought  to  be  reverenced,  lest  it  be  said  of  them 
 (which  God  forbid)  that  'they  have  reigned  but  not  by  Me' 
 (Hos.  viii.  4) ;  but  that  they  may  rather  deserve  to  have  it 
 said  (Ps.   Ixxxix.   19-21),   that  God   may  grant   them   the 
 eternal  glory  of  the  kingdom  which  is  to  come.     And  let  Of  the 
 kin^s  have  wise  counsellors,  fearing  the  Lord,  of  commend-  ^'"^s 
 
 °  J  o  7  counsel- 
 
 able  manners,  that  the  people  being  instructed  and  reformed  lors. 
 
 by  the  good  example  of  kings  and  princes,  may  improve  to 
 
 the  glory  and  praise  of  Almighty  God. 
 
 12.  That   in    ordaining   kings    none   permit   the   voices  The  con- 
 
 of   wicked    men    to    prevail ;    but    let   kings    be   lawfully  ^^"^^^^^^^ 
 
 chosen  by  the  priests  and  elders  of  the  people,  not  such  choice  of 
 
 as  are   born   in   adultery  or   incest,  for  as  in  our  times,  ^mgs, 
 
 according  to  the  canons,  none  can  arrive  at  the  priesthood 
 
 who  is  of  adulterous  descent,   so  neither  can   he  who  is 
 
 not  born  in  lawful  marriage  be  the  Lord's  anointed,  king 
 
 of  the  whole  kingdom,  and  heir  of  the  country,  since  the 
 
 prophet  says  (Dan.  iv.   17).     We  have  admonished  all  in  for  whom 
 
 general  that  with  unanimous  voice  and  heart  they  pray  to  [J^^^^jJ!,g^g^ 
 
 the  Lord,  that  He  who  elects  him  to  the  kingdom  would 
 
 give  him  the  spirit  of  discipline  for  the  governing  of  his 
 
38  DOCUMENTS  ILLUSTRATIVE  OF  THE  [viii 
 
 787.       people  ;  and  let  honour  be  paid  him  by  all,  since  the  apostle 
 
 Behaviour  says   (i    Pet.   ii.    17).      Let  none   be  guilty  of  detraction 
 
 and^  towards  the  king,  since  Solomon  says  (Eccl.  x.  20).     And 
 
 let  none  compass  the  death  of  the  king  because  he  is  the 
 
 Lord's  anointed.     If  a   bishop  or  any  of  priestly  degree 
 
 consent  to  such  a  crime  let  him  be  thrust  out,  as  was  Judas 
 
 from  the  apostolic  degree.     And  whoever  approves  of  such 
 
 sacrilege  shall  perish  in  the  eternal  chain  of  an  anathema, 
 
 the  fate  of  ^^^d  being  a  comrade  of  Judas  shall  burn  in  everlasting  fire, 
 
 regicide      ^g  it  is  written  (Rom.  i.  ^2).     The  two  eunuchs  who  desired 
 clerks. 
 
 to  kill  King  Ahasuerus  were  hanged  on  a  gallows  (Esth. 
 
 Apoc.  xii.  3).     Observe  what  David  did  (i  Sam.  xxiii.  5,  7  ; 
 
 2  Sam.  i).     It  has  been  proved  by  many  examples  among 
 
 you  that  those  who  have  been  the  authors  of  killing  their 
 
 lords  have  shortly  ended  their  own  lives  and  been  without 
 
 benefit  of  either  law. 
 
 The  re-  13-  That  the  great  and  rich  judge  righteously,  and  accept 
 
 sponsibili-   not  the  person  of  the  rich,  nor  despise  the  poor,  nor  decline 
 
 rich  and      f^om  right,  nor  take  bribes  against  the  innocent,  but  act 
 
 great  in      according  to  truth  and  justice,  since  the  prophet  says  (Ps. 
 i  u,  d  ^  1  n  £r 
 
 "^      '      Iviii.  i).     Also  elsewhere  (Lev.  xix.  15),  as  also  (Isa.  1.  17), 
 
 and  at  another  place  (Lev.  viii.  6).     The  Lord  says  in  the 
 Gospel  (Matt,  vii,  2),  nor  shall  you  by  violence  take  from 
 another  that  which  belongs  to  him,  as  it  is  said  (Ex.  xx.  17), 
 for  the  prophet  threatens  saying  (Isa.  v.  8).     Again  a  pro- 
 phet  cries   saying    (Ps.  Ixxxiv.   2).      Remember   what   he 
 deserves  who  causes  a  little  one  to  stumble ;  but  he  who 
 receives  one  of  these  receives  Christ.     May  you  deserve  to 
 have  it  said  to  you  at  the  Judgment  '  Come  ye  blessed  of 
 My  Father,'  etc. 
 Of  security      14.  Let  fraud,  violence,  and  rapine  be  abhorred,- and  let 
 ^ist  timit     ^°^  unjust  tributes  be  imposed  on  the  Church  of  God,  nor 
 oftaxation.  greater  than   those  allowed  by  the  Roman  law,  and  the 
 custom  of  former  emperors,  kings,  and  princes,  and  let  them 
 endeavour  to  keep  themselves  wholly  free  from  this  vice  or 
 
viii]  HISTORY  OF  THE  ENGLISH  CHURCH  39 
 
 violence  who  desire  to  keep  themselves  in  communion  with       787. 
 
 the  Holy  Roman  Church  and  blessed  Peter  the  Prince  of 
 
 the  Apostles.     Let  there  be  concord  and  unanimity  every-  Ofhar- 
 
 where,  between  kings  and  bishops,  ecclesiastics  and  laymen,  "^o^y 
 
 and  all  Christian  people ;  that  the  churches  of  God  may  be  church 
 
 at  unity  in  all  places,  and  that  there  be  peace  in  the  one  ^"^^  State, 
 
 Church,  continuing  in  one  faith,  hope,  and  charity,  having 
 
 one  Head,  which  is  Christ,  whose  members  ought  to  help  and  the 
 
 one  another,  and  to  love  with  a  mutual  charity,  as  He  Him-  P^^^^  o^ 
 
 '  -"  the 
 
 self  has  said  (John  xiii.  35).  Church. 
 
 15.  All  unrighteous  marriages  are  forbidden,  as  also  such  Of  mar- 
 as  are  incestuous,  as  well  with  the  handmaids  of  the  Lord,  or  ^^^^^  '"^- 
 
 •  1      1  1  strictions 
 
 Other  unlawful  persons,  as  with  those  that  are  too  near  akm,  and  penal- 
 as  also  with  alien  \aUenigen(B\  women.     And  let  him  who  ^''^'^• 
 does  such  things  be  struck  with  the  sword  of  the  anathema, 
 unless,  correcting  himself,  he  repent  of  his  wicked  presump- 
 tion, and  correct  and  reclaim  himself  according  to  right  law 
 in  obedience  to  his  bishop. 
 
 16.  Sons   of  harlots  are  deprived  of  lawful  inheritance,  Of  what 
 and  we   judge  those   born   in  adultery  or  of  nuns  to   be  constitutes 
 
 .  illegiti- 
 
 illegitimate.     For  we  do  not  hesitate  to  call  a  virgin  who  macy  and 
 
 has  devoted  herself  to  God,  and  has  put  on  as  it  were  the  bars  suc- 
 cession, 
 garment  of  the  Holy  Mary,  the  spouse  of  Christ.      Now 
 
 it  is  manifest  in  heavenly  respects  as  well  as  earthly  that 
 he  who  takes  a  spouse  from  one  more  powerful  than  him- 
 self shall  not  escape  unpunished.  Therefore  the  apostle 
 says  (i  Cor.  iii.  17),  and  the  same  apostle  says  (Eph.  v.  5). 
 Consider  whether  secular  inheritance  be  not  cut  off  from 
 such  by  the  Scripture  when  it  says  (Gal.  iv.  30).  But  an 
 adulterer  may  say,  '  My  harlot  is  not  a  bondwoman  but 
 a  free ' ;  to  these  we  answer,  with  apostolic  authority  (Rom. 
 vi.  16  \  Therefore  we  have  commanded,  in  the  words  of 
 the  apostle  (i  Cor.  vii.  2),  that  so  they  may  have  lawful 
 heirs  in  the  Lord  who  may  be  also  heirs  of  God  and  coheirs 
 of  Christ.     Further,  as  it  is  prescribed  in  the  canon  and 
 
40  DOCUMENTS  ILLUSTRATIVE  OF  THE  [viii 
 
 787.       in  the  Gospel,  and  in  the  decrees  of  the  apostles  concern- 
 ing lawful  marriages,  and  the  proper  time  of  intercourse 
 and  abstinence,  we  presume  to  add  nothing  to  these  decrees 
 (i  Cor.  xi.  1 6). 
 Tithes  to  17-  As  to  paying  tithes  it  is  written  in  the  Law,  'The 
 
 be  paid  in    iQ^ilh  part  of  all  thy  increase,'  &c. ;  '  If  thou  bring  thy  first- 
 accordance  *      •     ,       1  -r>  •  11    1       •  1 
 with  Scrip-  fruits,  &c.     Agam  by  the  prophet,  '  Brmg  ye  all  the  tithe 
 
 turalwar-    jj-,j-q  ^^e  store-house,'  &c.  (Mai.  iii.  lo);  as  the  wise  man 
 rant;  ... 
 
 says,   '  No  man  can  justly  give  alms  of  what  he  possesses 
 
 unless  he  has  first  separated  unto  the  Lord  what  He  from 
 
 the  beginning  directed  to  be  paid  to  Him.'     And  on  this 
 
 account  it  often  happens  that  he  who  does  not  pay  tithes 
 
 is  himself  reduced    to   a   tenth    part.      Therefore   we   do 
 
 solemnly  enjoin  that  all  take  care  to  pay  the  tenth  of  all 
 
 that  they  possess,  because  that  peculiarly  belongs  to  God ; 
 
 and  let  them  live  and  give  alms  out  of  the  nine  parts ;  and 
 
 we  advise  that  alms  be  given  in  secret,  because  it  is  written 
 
 similarly     (Matt.   vi.  2).     We  have  also  forbidden  usury,  since  the 
 
 usury  not    Lord  says  to  David  that  he  shall  be  worthy  to  dwell  in  his 
 to  be  per- 
 mitted ;        tabernacle  who  has  not  lent  his  money  upon  usury.     And 
 
 Augustine  says,  '  Who  can  have  unjust  gain  without  justly 
 
 deserved  loss  ? '  (Aug.  Serm.  8).     Where  there  is  gain  there 
 
 weights       is  loss ;    gain  in  the  coffer,   loss  in  the  conscience.     We 
 
 and  mea-     \-^^^^Q  also  ordained  that  equal  measure  and  equal  weight 
 
 sures  to  be 
 
 just.  be  enjoined  to  all,  since  Solomon  says  (Prov.  xx.  10),  that 
 
 is,  buying  by  one  measure  and  selling  by  another ;  for  God 
 
 everywhere  loves   justice,    '  His  countenance  beholds  the 
 
 thing  that  is  right.' 
 
 Vows  to  18.  That  the  vows  of  Christians  be  fulfilled,  for  by  this 
 
 be  paid  in    j-j-jg^ns  the  ancient  patriarchs  and  prophets  pleased  God. 
 
 accordance  i       j.  j. 
 
 with  Scrip-  Abel  the  righteous,  with  a  faithful  mind  offered  a  vow  of 
 
 ture  ex-      |^jg  fatlinGjs,   and  this  was  more  acceptable  to  God  than 
 amples  and  ^  .    . 
 
 warnings,  that  of  the  parricide,  therefore  God  with  divine  fire  con- 
 sumed those  acceptable  burnt  offerings,  but  despised  what 
 was   offered   without   a   good   mind,   who  being  therefore 
 
viii]  HISTORY  OF  THE  ENGLISH  CHURCH  41 
 
 condemned  with  a  curse,  deserved  wrath,  but  the  younger  737. 
 was  crowned  with  a  happy  martyrdom.  Remember  Enoch, 
 who  paid  the  vow  that  he  had  made  and  was  translated 
 hving  in  the  body.  So  did  the  righteous  Noah,  and  he 
 alone  with  seven  of  his  family  was  delivered  from  the  flood 
 of  the  world.  What  need  I  say  of  Abraham  who  paid  all 
 his  vows  and  his  tithes  to  Melchisedec  the  priest?  For 
 he  triumphed  over  his  enemies,  therefore  he  deserved  not 
 only  to  adore,  but  also  to  entertain  with  his  hospitality,  the 
 Lord  in  Trinity,  and  to  have  a  son  of  promise  by  a  woman 
 that  was  ninety  years  old.  And  he  refused  not  to  sacrifice 
 the  son  of  promise,  though  the  Lord  had  said,  '  In  Isaac 
 shall  thy  seed  be  called,'  &c.,  yet  he  certainly  trusted  that 
 his  son  was  to  live.  Therefore  'faith  wrought  with  his 
 works,'  (Sic.  (Jas.  ii.  22,  23).  Jacob  vowed  a  vow  and 
 he  paid  it.  Remember  Manoah  [Jephthah  ?]  what  he  did 
 with  his  daughter,  and  his  memory  shall  be  everlasting. 
 David,  when  he  paid  his  vow,  charged  us  saying  (Ps. 
 Ixxvi.  11).  Solomon  also  says  (Eccl.  v.  4,  5).  We  there- 
 fore beseech  you  that  every  one  call  to  mind  what  he  has 
 vowed  in  prosperity  or  adversity,  lest  being  again  involved 
 in  difficulties  you  deserve  to  have  it  said  :  '  What  he  pro- 
 mised long  ago  he  has  lied  in.'  'After  thy  hardness  and 
 impenitent  heart  thou  treasurest  up  unto  thyself  wrath,'  &c. 
 (Rom.  ii.  5).  'Therefore  I  will  laugh,'  &c.  (Prov.  i.  26). 
 We  can  give  or  promise  to  God  nothing  but  what  He  first 
 gave  us ;  therefore  the  prophet,  being  touched  with  this, 
 says  (Ps.  cxvi.  12).  If  any  one  has  vowed  and  delayed  to 
 pay  it,  we  are  afraid  that  he  will  not  escape  without  ven- 
 geance, as  it  is  said,  '  It  is  a  fearful  thing  to  fall  into  the 
 hands  of  the  living  God.' 
 
 19.  That  every  faithful  Christian  take  example  by  catholic  Reproba- 
 men,  and  if  any  pagan  rite  remain  let  it  be  plucked  up,  ^^^^^  ^us- 
 despised  and  rejected,  for  God  created  man  fair  in  comeli-  toms,  viz. 
 ness  and  appearance,  but  pagans,  by  the  inspiration  of  the  "^^  ^  ^  ^"  ' 
 
42  DOCUMENTS  ILLUSTRATIVE   OF  THE  [viii 
 
 787.       Devil,  have   brought  on  themselves  the  foulest   scars,   as 
 pagan  Prudentius  says,  'He  has  marked  even  the  innocent  ground 
 
 dress 
 
 horse-  ^^'^^h  unsightly  spots.'  He  seems  to  do  an  injury  to  the 
 maiming,  Lord  who  defiles  and  depraves  his  workmanship.  If  any 
 sorcery  ^"^  should  Undergo  this  blood-letting  for  the  sake  of  God, 
 eating  he  would  on  that  account  receive  great  reward,  but  whoever 
 does  it  out  of  heathenish  superstition  does  no  more  advance 
 his  salvation  thereby  than  the  Jews  do  by  bodily  circum- 
 cision without  sincere  faith.  Ye  wear  garments  like  those 
 of  the  Gentiles  whom  your  fathers  by  the  help  of  God  drove 
 out  of  the  world  by  arms.  A  wonderful  and  horrible  thing 
 to  imitate  the  example  of  those  whose  manners  you  hate. 
 You  also  by  a  horrid  custom  maim  your  horses  ;  you  slit 
 their  nostrils,  fasten  their  ears  together,  make  them  deaf, 
 cut  off  their  tails,  and  render  yourselves  hateful  in  not 
 keeping  them  sound  when  you  may.  We  have  heard  also 
 that  when  you  have  any  controversy  between  yourselves 
 you  use  sorcery  after  the  manner  of  the  Gentiles,  which  is 
 accounted  sacrilege  in  these  times.  Many  of  you  eat  horse- 
 flesh, which  is  done  by  none  of  the  Eastern  Christians  :  take 
 heed  of  this  too.  Endeavour  that  all  your  doings  be  honest 
 and  be  done  in  the  Lord. 
 All  to  be  20.  We  have  directed  all  in  general  to  act  according  to  the 
 
 ?o  time!  t     prophet's  word  which  says,  '  Make  no  tarrying  to  turn  unto 
 repentance  the  Lord,  and  put  not  off  from  day  to  day '  (Ecclus.  v.  7), 
 fession'^      and  again   (Joel  ii.   12).      And  according  to  the  Apostle 
 and  due      (Jas.  V.  i6\  lest  death  should  find  any  of  you  unprepared, 
 penance,     ^[jj^^  God  forbid.     And  receive  the  Eucharist  according  to 
 the  judgment  of  the  priests,  and  the  measure  of  guilt,  and 
 bring  forth  fruits  meet  for  repentance.     For  a  fruitful  repen- 
 tance consists  in  bewailing  misdeeds  and  not  committing 
 them  again.     But  if  any  man  die  without  repentance  and 
 confession,  which  God  forbid,  prayers  must  not  be  made  for 
 him,  for  none  of  us  is  without  sin, '  not  even  an  infant  born  but 
 a  day  since  '  (Job  xiii  4,  5,  LXX).     As  the  apostle  says,  '  If 
 
viii]   HISTORY  OF  THE  ENGLISH  CHURCH  43 
 
 we  say  we  have  no  sin,'  &c.,  therefore  since  death  lingers       787. 
 not,  repent  and  be  converted  that  your  sins  may  be  blotted 
 out,  and  that  you  may  deserve,  together  with  the  holy  angels, 
 to  enjoy  that  life  which  is  without  end,  through  Him  who 
 liveth  and  reigneth  for  ever  and  ever. 
 
 We  proposed  these  decrees,  most  blessed  Pope  Hadrian,  Epilogue  -. 
 in  a  public  Council  before  Alfwald  the  king,  and  Eanbald  ^°"s^'tu- 
 
 ^  °  tion  and 
 
 the  archbishop,   and   all   the   bishops  and  abbots  of  the  behaviour 
 country,  and  the  senators  and  chief  men  and  people  of  the  ^f*^^? 
 
 •■^ '  _  _    ^       ^  Northern 
 
 land.  And  they,  as  we  before  said,  vowed  with  all  devotion  Synod. 
 of  mind  that  they  would  keep  them  to  the  utmost  of  their 
 power  by  the  help  of  the  heavenly  mercy.  And  they  con- 
 firmed their  vows  by  the  sign  of  the  Cross  in  my  hand 
 in  your  stead ;  as  afterwards  they  also  did  carefully, 
 with  a  style,  put  the  sign  of  the  holy  Cross  to  this  written 
 paper. 
 
 I,  Alfwald,  king  of  the  Northumbrian  nation,  consenting  The 
 
 have  subscribed  with  the  sign  of  the  Cross.  Northern 
 
 °  _        signato- 
 
 I,  Tilhere,  prelate  of  the  Church  at  Hexham,  have  joy-  ries. 
 fully  subscribed  with  the  sign  of  the  Cross. 
 
 I,  Eanbald,  by  the  grace  of  God  Archbishop  of  the  Holy 
 Church  of  York^  have  with  the  sign  of  the  Cross  sub- 
 scribed to  the  pious  and  catholic  injunction  of  this 
 paper. 
 
 [There  follow  the  names,  in  very  like  terms,  of  Bishops  Higwald  of 
 Lindisfarne,  Ethelberch  of  Candida  Casa,  Aldulph  of  Mayo,  Bishop 
 Ethelwin,  and  of  Gosigha  the  Patrician.] 
 
 To  these  most  useful  admonitions  we  also,  priests  and 
 deacons  of  the  churches,  and  abbots  of  monasteries,  judges, 
 great  men  and  nobles  have  consented  and  subscribed  with 
 one  act  and  mouth  [Two  chief  men  and  two  abbots  sign 
 with  no  further  specification].  These  things  being  con- 
 cluded, and  the  blessing  being  given,  we  went  on,  taking 
 
44 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE  [viii 
 
 787. 
 The 
 
 Southern 
 Synod 
 under  Offa 
 Sec,  and 
 their  ac- 
 ceptance 
 of  the 
 canons. 
 
 The 
 
 Southern 
 signato- 
 ries. 
 
 with  us  the  legates  of  the  king  and  archbishop,  that  is 
 Mahvin  and  Pyttel,  readers,  men  of  note,  who  carried  the 
 decrees  with  them  to  the  Council  of  the  Mercians,  where 
 the  glorious  King  Offa,  with  the  counsellors  of  the  land, 
 together  with  Jaenbert,  archbishop  of  the  Holy  Church  of 
 Canterbury,  and  the  rest  of  the  bishops  of  the  country  were 
 assembled.  The  capitula  were  both  read,  one  by  one,  with 
 a  clear  voice  in  the  presence  of  the  Council  in  Latin,  and 
 explained  in  the  Teutonic  tongue  that  all  might  understand 
 them.  They  all  with  unanimous  heart  and  voice  thanking 
 their  apostleship  promised  to  obey  their  admonitions,  and 
 by  the  Divine  assistance  to  the  best  of  their  power  cheer- 
 fully to  keep  the  statutes.  And  further,  according  to  the 
 above-written  injunction,  as  well  the  king  as  the  great  men, 
 the  archbishop  with  his  attendants,  confirmed  with  the  sign 
 of  the  holy  Cross  in  our  hands  in  your  Lordship's  stead, 
 and  afterwards  they  confirmed  this  present  paper  with  the 
 holy  sign. 
 
 I,  Jaenbert,  archbishop  of  the  holy  Church  of  Canter- 
 bury, have  devoutly  subscribed  with  the  sign  of  the  holy 
 Cross. 
 
 I,  Offa,  king  of  the  Mercians,  consenting  to  these 
 statutes,  have  readily  subscribed  with  the  sign  of  the  Cross. 
 
 I,  Higbert,  bishop  of  the  Church  of  Lichfield,  have  sub- 
 scribed with  the  sign  of  the  holy  Cross. 
 
 [Other  signatures  follow,  viz.  Edwulf,  bishop  of  Lindsey,  and 
 Unwona,  bishop  of  Leicester,  with  nine  other  bishops  whose  sees 
 are  not  mentioned,  but  are  identified  by  H.  and  S.  iii.  462 ;  four 
 abbots,  two  chief  men  and  one  earl ;  some  of  them  identified,  H.  and 
 S.  /.  c.\ 
 
ix]     HISTORY  OF  THE  ENGLISH  CHURCH  45 
 
 IX. 
 
 ABOLITION  OF  THE  METROPOLITAN  DIGNITY 
 OF  LICHFIELD,  a.  d.  803. 
 
 This  document  records  the  final  settlement  of  the  controversy  about        803. 
 the  metropolitan  dignity  of  Lichfield,  which  had  lasted  for  sixteen 
 years.     It  occurs  in  a  longer  form  as  printed  by  H,  and  S.  (iii.  542). 
 That  given  below  depends  upon  an   abridgement  given  in  Spelman, 
 i.  324,  which  is  based  on  Cotton  MS.,  Aug.  ii.  56. 
 
 [Johnson  s  tr.  revised.] 
 
 Glory  to  God  on  high,  peace  on  earth  to  men  of  good  Lichfield 
 will.     We  know  as  is  notorious,  though  it  seems  not  at  all  bgerTmade 
 pleasing  to  many  who  dwell  in  the  nation  of  the  English  a  metro- 
 that  faithfully  trust  in  God,  how  that  Offa,  king  of  the  Mer-  b°^ofiV^^ 
 cians,  in  the  days  of  Jaenbert,  archbishop,  presumed  by 
 very  indirect   practices  to   divide  and  cut   in   sunder  the 
 honour  and  unity  of  the  see  of  our  father  St.  Augustine 
 in  the  city  of  Canterbury,  and  how,  after  the  death  of  the 
 said  pontiff,  Archbishop   Ethelherd,  his   successor  by  the 
 gift  of  Divine  grace,  after  several  years,  happened  to  visit 
 the  Apostolic  threshold  and  Leo  the  blessed  Pope  of  the 
 Apostolic  See,  in  behalf  of  many  rights  belonging  to  the 
 Churches  of  God.     He,  among  other  necessary  negotiations, 
 did  also  declare  that  the  partition  of  the  archiepiscopal  see 
 had  been  unjustly  made ;  and  the  Apostolic  Pope,  as  soon 
 as  he   heard  and   understood   that  it  was   unjustly   done, 
 presently  ordered  an  authoritative  precept  of  privilege  as 
 from  himself,  and  sent  it  into  Britain,  and  charged  that  an  Leo  de- 
 entire  restitution  of  honour  should  be  made  to  the  see  of  ^^^[^^ 
 St.  Augustine  with  all  the  dioceses  belonging  to  it,  accord-  unjust  and 
 ing  as  St.  Gregory  the  apostle  and  master  of  our  nation  stituliQ^^^" 
 settled  it,  and  that  it  should  in  all  respects  be  restored  to 
 the  honourable  Archbishop  Ethelherd  when  he  returned 
 
46  DOCUMENTS  ILLUSTRATIVE  OF  THE     [ix 
 
 803.       into   his   country.      And    Kenulf,   the   pious  king   of  the 
 Mercians,  brought  it  to  pass. 
 
 1.  Accord-  I.  And  in  the  year  of  our  Lord's  Incarnation  803,  Indic- 
 a"svnod  at  ^^^^^  ^^'  October  12,  I,  Ethelherd,  archbishop,  with  all  the 
 Cloveshoo  twelve  bishops  subject  to  the  holy  see  of  the  blessed 
 ofVanter-  ^ugustine,  in  a  synod  which  was  held  by  the  apostolic 
 bury  are  precepts  of  the  Lord  Pope  Leo  in  a  famous  place  called 
 res  ore  .     cioveshoo,  with  the  unanimous  consent  of  the  whole  sacred 
 
 synod,  in  the  name  of  Almighty  God,  and  of  all  His  saints, 
 and  by  His  tremendous  judgment,  we  charge  that  neither 
 kings,  nor  bishops,  nor  princes,  nor  any  men  who  abuse 
 their  power,  do  ever  presume  to  diminish  or  divide  as  to  the 
 least  particle  the  honour  of  St.  Augustine,  and  of  his  holy 
 see ;  but  that  it  always  remain  most  fully  in  all  respects  in 
 the  same  honourable  state  of  dignity  as  it  now  is,  by  the 
 constitution  of  the  blessed  Gregory,  and  by  the  privileges  of 
 his  Apostolic  successors,  and  as  appears  to  be  right  by  the 
 sanctions  of  the  holy  canons. 
 
 2.  This  re-  2.  And  now  by  the  help  of  God  and  of  the  Apostolic 
 is  now  Pope  Leo,  I,  Ethelherd,  archbishop,  and  other  our  fellow- 
 confirmed,  bishops,  and  all  the  dignitaries  of  our  synod  with  us,  do 
 Hadrian's  unanimously  confirm  the  primacy  of  the  holy  see  with  the 
 charter  is    standard  of  the  cross  of  Christ.     And  we  give  this  in  charge 
 
 and  sign  it  with  the  sign  of  the  Cross,  that  the  archiepiscopal 
 see  from  this  time  forward  never  be  in  the  monastery  of 
 Lichfield,  nor  in  any  other  place  but  the  city  of  Canterbury, 
 where  Christ  Church  is,  and  where  the  catholic  faith  first 
 shone  forth  in  this  island,  and  where  holy  baptism  was  first 
 celebrated  by  St.  Augustine.  Further  also  we  do  by  con- 
 sent and  licence  of  our  Apostolic  Lord  Pope  Leo  forbid  the 
 charter  sent  by  Pope  Hadrian  from  the  See  of  Rome,  and 
 the  pall  and  the  archiepiscopal  see  in  the  monastery  of 
 Lichfield  to  be  of  any  validity  because  gotten  surreptitiously 
 and  by  insincere  suggestions.  Therefore  we  ordain  by 
 canonical  and  apostolic  proofs  with  the  manitest  signs  of 
 
 annulled. 
 
x]       HISTORY  OF  THE  ENGLISH  CHURCH  47 
 
 the  Heavenly  King,  that  the  primacy  of  the  monarchy  do  803. 
 remain  where  the  holy  Gospel  of  Christ  was  first  preached 
 by  the  holy  Father  Augustine  in  the  province  of  the  English, 
 and  was  from  thence,  by  the  grace  of  the  Holy  Spirit,  widely 
 diffused.  But  if  any  dare  to  rend  Christ's  garment  and  to 
 divide  the  unity  of  the  holy  Church  of  God,  contrary  to  the 
 apostolic  precept  and  all  ours,  let  him  know  that  he  is 
 eternally  condemned  unless  he  make  due  satisfaction  for 
 what  he  has  wickedly  done  contrary  to  the  canons. 
 
 [A  varying  list  of  signatories  follows.] 
 
 X. 
 
 THE  DONATION  OF  ETHELWULF,  a.d.  855. 
 
 The  year  855  appears  to  be  the  true  date  of  this  grant.  The  date,  855. 
 circumstances,  and  historical  bearing  of  the  Charter  are  fully  dis- 
 cussed by  Lord  Selborne,  Ancient  Facts  and  Fictions,  Sec.  p.  200.  The 
 document  survives  in  several  dilTerent  forms,  of  which  there  are 
 various  manuscript  and  printed  copies.  They  are  all  collated  by 
 Birch  in  his  Cartnlayiiini  Saxonicum,  vol.  ii.  nos.  483-485 ;  see  also 
 Haddan  and  Stubbs,  iii.  640.  The  translation  here  given  is  made 
 from  a  MS.  in  the  British  Museum,  which  accords  very  nearly  with 
 the  record  in  William,  of  Malmesbury,  Gest.  J^eg.,  Rolls  Series,  i.  170. 
 
 [Tr.  Brit.  Mas.  MS.  Reg.  13.  D.  ii.  f.  28.] 
 
 In  the  perpetual  reign  of  our  Lord,  whilst  in  our  times  In  pros- 
 [by  reason  ofj  the  flames  of  wars,  and  spoiling  of  our  goods,  P^^'j^^ 
 and  also  the  most  cruel  pillaging  of  devastating  foes,  and  dangers, 
 manifold  troubles  from  pagan  and  barbarous  peoples,  we  ^^i"fi^^,lf 
 see  that  perilous  times  are  at   hand  to  afflict  us  even  to 
 destruction,    I,    therefore,    Ethelwulf,    king    of    the   West 
 Saxons,  by  the  counsel  of  my  bishops  and  chief  men  have 
 confirmed  this  wholesome  counsel,  and  uniform  remedy  : 
 that  to  all  ranks  hitherto  possessing  any  hereditary  portion 
 of  lands,  whether  servants  and  handmaids  of  God  serving 
 
48  DOCUMENTS  ILLUSTRATIVE  OF  THE       [x 
 
 855.  God,  or  lay  people,  I  have  decided  that  the  tenth  home- 
 grants  the  stead,  or,  where  it  is  very  small,  at  all  events  the  tenth, 
 of'his  land  ^^  always  given  up  in  perpetual  franchise ;  that  it  be  free 
 to  the  re-  and  protected  from  all  secular  services,  and  also  royal 
 possession  tributes,  greater  or  less,  or  taxations  which  we  call  Witereden, 
 in  freehold,  and  that  it  be  free  from  all  things,  for  the  forgiveness  of 
 our  souls  and  sins,  for  the  service  of  God  alone,  without 
 military  equipment,  or  bridge-building,  or  fortification  of 
 desiring      castles,   SQ  that  they  may  the  more  diligently  pour  forth 
 
 their  prayers   without  ceasinsj  to  the  Lord  for  us,  because  we 
 
 prayers  in    -^      -^  .... 
 
 return.        thus  in  some  degree  relieve  their  service. 
 
 jj^g  Thereafter  it  pleased  the  Bishops  Alstan  of  the  church 
 
 bishops  of  of  Sherborne,  and  Swithun  of  the  church  of  Winchester, 
 
 ordai^n^      to   enter  upon  an   agreement  with  their   abbots  and  the 
 
 prayers  to  servants  of  God,  that  all  our  brethren  and  sisters  do  in 
 
 eo  eie  .  £^|j  congregation,  at  each  church,  every  week  on  the  day 
 
 of  Mercury,  that  is  Wednesday,  sing  fifty  psalms,  and  each 
 
 priest  two  masses,  one  for  King  Ethelwulf,  and  another  for 
 
 his  dukes  who  consent  to   this  gift  for  the   ransom  and 
 
 remedy  of  their  faults  ;  for  the  king  in  his  lifetime,  *  O  God 
 
 who  dost  justify ' ;  for  the  dukes  in  their  lifetime,  '  Stretch 
 
 forth,  O  Lord  ' ;  and  after  their  death,  separately  for  the 
 
 king  when  dead,  in  common  for  the  chief  men  when  dead. 
 
 And   be   this    as    steadfastly   established   all   the   days   of 
 
 Christianity  as  the  above  franchise  is  established,  so  long 
 
 as  the  faith  extends  amongst  the  people  of  the  English. 
 
 Place.date,       Now  this  charter  of  gift  was  written  in  the  year  of  the 
 
 and  con-      Lord's    Incarnation   814   {see   introduction),    in    the    fourth 
 nrmation  ^    ^  '^ 
 
 of  the  indiction,   on  the   5th  day  of   November,   in    the   city  of 
 
 Charter.  Winchester,  in  the  Church  of  St.  Peter,  before  the  chief 
 altar ;  and  this  they  did  for  the  honour  of  St.  Michael  the 
 Archangel,  and  St.  Mary  the  glorious  Queen,  the  Mother 
 of  God,  and  at  the  same  time  of  the  Blessed  Peter,  Prince 
 of  the  Apostles,  and  also  of  our  holy  Father  Pope  Gregory, 
 ■    and   all  the   saints,    and  then    for   fuller   assurance   King 
 
xi]     HISTORY  OF  THE  ENGLISH  CHURCH  49 
 
 Ethelwulf  placed  the  charter  upon  the  altar  of  St.  Peter,       855. 
 and  the  bishops  for  God's  faith  received  it  from  him,  and 
 afterwards  sent  it  through  all  churches  in  their  dioceses, 
 as  is  aforesaid. 
 
 XI. 
 
 TITHE   ORDINANCE  OF   ATHELSTAN,  a.d.  927. 
 
 This  was  a  ro3'al  injunction  by  King  Athelstan  concerning  the  pay-        *J27, 
 ment  of  tithes.     It  is  discussed  by  Lord  Selborne,  Ancient  Facts  and 
 Fictions,  &c.  pp.  183,  &c.,  where  the  text  is  given   as  below.     Cf. 
 Thorpe's  Ancient  Laivs,  i.  195-199. 
 
 [Lord  Selborne's  translation.] 
 
 I,  Athelstan,  king,  with  the  counsel  of  Wulfhelm,  arch-  The  king, 
 bishop,  and   of  my  other   bishops,   make   known   to   the  ^^^  otlicrs 
 reeves  at  each  burgh,   and  beseech  you,  in  God's  name,  should  pay 
 and  by  all  His  saints,  and  also  by  my  friendship,  that  ye  ^^^  ^^^' 
 first  of  my  own  goods  render  the  tithes,  both  of  the  live 
 stock  and  of  the  year's  earthly  fruits,  so  as  they  may  most 
 rightly  be  either  meted,  or  told,  or  weighed  out ;  and  let 
 the  bishops  then  do  the  like  from  their  own  goods;  and 
 my  ealdormen  and   my  reeves  the   same.      And   I   will, 
 that  the  bishops  and  reeves  command  it  to  all  who  ought 
 to  obey  them,  that  it  be  done  at  the  right  term.     Let  us  according 
 bear  in  mind  how  Jacob  the  patriarch  spoke  :  '  I  will  offer  t°i-e'^pi.e^ 
 to  thee  tithes  and  sacrifices  of  peace ' ;    and  how  Moses  cept. 
 spoke  in  God's  law :    *  Thou  shalt  not  delay  to  offer  thy 
 tithes  and  first-fruits  to  the  Lord.'     It  is  for  us  to  think 
 how  awfully  it  is  declared  in  the  books :    if  we  will  not 
 render  the  tithes  to  God,  that  He  will  take  from  us  the  Other 
 nine  parts  when  we  least  expect ;  and  moreover  we  have  ^^^^  ^^.^  ^^ 
 the  sin  in  addition  thereto.     And  I  will  also  that  my  reeves  be  paid 
 so  do  that  there  be  given  the  church-scots  and  the  souls-  ^^^"  ^^  ^' 
 
 £ 
 
50  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xi 
 
 927.       scots,  at  the  places  to  which   they  rightly  belong;    and 
 
 plough-alms  yearly,  on  this  condition :  that  they  shall  enjoy 
 
 it  at  the  holy  places  who  are  willing  to  serve  their  churches, 
 
 and  of  God  and  of  me  are  willing  to  deserve  it;  but  let 
 
 him  who  will  not,  forfeit  the  bounty,  or  again  turn  to  right. 
 
 Now  ye  hear,  saith  the  king,  what  I  give  to  God,  and  what 
 
 ye  ought  to  fulfil  under  the  penalty  of  contempt  of  my 
 
 The  king    authority.     And  do  ye  also  so,  that  you  may  give  to  me 
 
 demands     j-^-^y  ^^^^^  what  ye  for  me  may  justly  acquire.     I  will  not 
 
 misesjust    that  ye  unjustly  anywhere  acquire  aught  for  me  ;  but  I  will 
 
 dealing.      grant  to  you  your  own  justly,   on  this  condition  that  ye 
 
 yield  me  mine ;  and  shield  both  yourselves  and  those  whom 
 
 ye  ought  to  exhort  against  God's  anger,  and  against  the 
 
 penalty  of  contempt  for  my  authority. 
 
 XII. 
 
 SELECTIONS    FROM   THE   CONSTITUTIONS 
 OF   ODO,   A.  D.  943. 
 
 943.  The  following  is  a  selection   from  the  Canons  of  Odo,  archbishop 
 
 of  Canterbury,  which  were  published  about  the  year  943,  and  illus- 
 trate some  tendencies  of  the  time.  Odo's  Pastoral  charge  is  trans- 
 lated by  Dean  Hook  in  his  Liv€S  of  the  Archbishops,  i.  369. 
 
 [Tr.  Cotton  MS.,  Vesp.  A.  14,  f.  173;  cf.  Wilkins,  i.  212.] 
 
 That  the         I.  We  charge  and  command  that  the  holy  Church  of 
 
 Church       Qqj^  which  was  at  the  first  founded  by  the  blood  of  Christ, 
 be  not  •'  ' 
 
 oppressed   and  by  the  multitude  of  the  faithful  has  been  arrayed  as 
 
 or  taxed,     ^  bride  in  white,  be  not  attacked  by  any  violence  of  wicked 
 
 men;   and  that  it  be  not  lawful  for  any  to  impose  a  tax 
 
 upon  the  Church  of  God,  because  the  sons  of  the  Church, 
 
 that  is  the  sons  of  God,  are  free  from  all  earthly  tribute  in 
 
 every  country.    Ambrose  says,  in  the  history  of  the  Church'^  ^ 
 
 cf.  Am. 
 brose  ? 
 
 See  Baron's  Johnson's  Canons,  i.  357. 
 
XII]    HISTORY  OF  THE  ENGLISH  CHURCH  51 
 
 '  The  Catholic  Church  is  free  from  all  royal  taxation.'     If      943. 
 any  houses,  lands,  or  any  farms  have  been  forcibly  taken 
 from  Christian  people,  and  have  been  given  either  into  the 
 royal  exchequer  or  as  gifts,  all  these  [gifts]  we  charge  to  be 
 revoked  according  to  the  ancient  right  of  Christians.     For  and  Gre- 
 Gregory  says,  '  If  any  one  shall  strip  the  Church  of  Christ,  ^°^^' 
 let  him   be  anathema,   if  he  make  not  full  satisfaction ' ; 
 and  again,  '  Whosoever  shall  attempt  to  plunder  or  invade 
 the  parishes  of  the  Church  of  God  by  rapine,  he  must  be 
 excommunicated  by  the  Church's  ministers  and  become  an 
 utter  alien  from  the  body  of  Christ.'     For  those  are  more 
 daring  than  the  soldiers  who  crucified  Christ,  that  despise 
 to  obey  the  rules  of  the  discipline  of  His  Church,  for  the 
 Church  has  the  power  of  binding  and  loosing. 
 
 2.  We  admonish  the  king  and  princes  and  all  who  are  Kings  and 
 in  power  that  they  obey  their  archbishops  and  all  other  "^  ob^ey^Jfe 
 bishops  with  great  devotion,  because  to  them  are  given  the  bishops, 
 keys  of  the  kingdom  of  heaven,  and  they  have  the  power 
 of  binding  and  loosing.     And  that  they  do  not  rate  them-  to  be 
 selves  highly  for  secular  power,  for  God  resisteth  the  proud,  ^^^   ^' 
 &:c.     And  let  the  king  have  prudent  counsellors,  fearing 
 God,  over  the  affairs  of  the  kingdom,  so  that  the  people, 
 instructed  by  the  good  example  of  king  and  princes,  may  to  have 
 advance  to  the  praise  and  glory  of  God,  and  that  the  king  fei°ors°""" 
 may  be  the  shield  and  defender  of  the  Churches  of  God, 
 to  oppress  none  unjustly  by  power,  to  judge  between  a  man 
 and  his  neighbour  without  respect  of  persons,  to  be  the 
 protector  of  strangers^  orphans,  and  widows,  to  prevent  theft,  and  to  do 
 to  punish  adulteries,  not  to  exalt  the  wicked,  to  aid  the  ^°°  * 
 poor  with  alms ;  for  although  it  is  necessary  for  every  man 
 to  keep  the  commandments  of  Christ,  yet  is  it  so  especially 
 for  kings  and  for  all  placed  in  high  estate,  who  shall  give 
 an  account  at  the  day  of  strict  examination,  both  for  them- 
 selves and  for  all  who  are  subject  to  them. 
 
 E  2 
 
DOCUMENTS   ILLUSTRATIVE   OF  THE    [xiii 
 
 1072. 
 
 Augus- 
 tine's au- 
 thoritywas 
 confirmed 
 by  later 
 popes, 
 
 and  it  in- 
 cluded 
 York  by 
 
 XIII. 
 
 SETTLEMENT   OF   THE   PRIMACY   DISPUTE, 
 
 A.D.  1072. 
 
 The  extract  given  is  William  of  Malmesbury's  account  of  the 
 conclusion  of  the  dispute  between  the  Archbishops  of  Canterbury  and 
 York,  in  his  Gest.  Pont.  i.  41. 
 
 [Translated  from  Rolls  Series  edition,  pp.  63-65.] 
 
 Whilst  [Thomas,  archbishop  of  York]  was  proceeding 
 with  these  and  similar  arguments,  as  the  necessity  of 
 proving  his  case  and  his  own  ignorance  of  antiquity  supplied 
 weapons  to  his  eloquence,  Lanfranc  put  an  end  to  the  dis- 
 cussion, meeting  him  with  this  most  wary  answer :  '  The 
 view  on  which  you  rely  needs  substantiation  in  asserting  that 
 to  Augustine  alone  was  granted  the  submission  of  all  the 
 bishops  of  Britain,  and  even  of  those  who  had  been  conse- 
 crated by  the  Bishop  of  York.  That  would  have  been 
 a  very  poor  and  trifling  gift  bestowed  by  the  pope  on  his 
 old  friend,  this  new  Englishman ;  especially  when  the 
 Archbishop  of  York  consecrated  none  who  should  be 
 subject  to  Augustine  in  his  lifetime,  as  there  was  no  bishop 
 there  at  all.  For  indeed  the  blessed  Paulinus,  the  first 
 prelate  of  that  same  city,  was  sent  there,  not  in  the  days 
 of  Augustine,  but  of  Justus  the  fourth,  archbishop  of 
 Canterbury.  English  history  will  prove  what  I  say.  Know- 
 ing this,  the  supreme  pontiffs  have  confirmed  to  the  succes- 
 sors of  Augustine  the  submission  of  all  the  bishops  of 
 England,  as  the  privileges  recited  show,  embellishing  the 
 Gregorian  scheme,  as  they  call  it,  with  most  ornate  lan- 
 guage, and  following  it  up  with  generous  liberaHty,  the 
 representatives  of  the  same  see  and  patrons  of  the  same 
 policy.  Now  they  hold  that  all  the  Churches  of  the  English 
 should  borrow  the  discipline  of  life  from  that  place  from 
 
xiii]    HISTORY  OF   THE  ENGLISH  CHURCH  53 
 
 whose  fire  they  caught  the  flame  of  faith.     For  who  knows      1072. 
 
 not  that  the  faith  of  Christ  flowed  from  Kent  to  York  and  ^'8"^^  ^^. 
 
 all  the  other  Churches  of   England  ?     As  for  your  asser-  tion. 
 
 tion  that  St.  Gregory  could  have  confirmed,  had  he  wished, 
 
 to  Augustine's  successors  by  word  what  he  had  granted  to 
 
 Augustine,  it  is  quite  true  and  beyond  denial.     But,  pray, 
 
 what  prejudice  does  this  give  to  the  see  of  Canterbury? 
 
 I  will  put  a  parallel  case :  for  when  our  Lord  and  Saviour 
 
 said  to  St.  Peter  "Thou  art  Peter,"  etc.,   He  could  have  Analogy 
 
 added,  had  He  wished,  "  and  this  same  power  I  grant  to  ^h^^^s  that 
 
 ^  ^  thisautho- 
 
 thy  successors.       As  it  is,  the  omission  detracts  nothing  rity  went 
 
 from  the  reverence  due  to  Peter's  successors.     Will  vou  ^°  '^'^  ^^^' 
 
 •'        cessors. 
 
 oppose  these  words  and  cite  anything  contrary?  For 
 indeed  it  is  impressed  on  the  consciences  of  all  Christians 
 that  they  should  fear  his  successors,  even  when  they  threaten, 
 no  less  than  Peter  himself,  and  should  gladly  acknowledge 
 any  kind  favour  they  [the  successors]  bestow.  And  so  the 
 arrangement  of  all  Church  matters  is  then,  and  only  then, 
 authoritative,  if  approved  by  the  judgment  of  Peter's 
 successors.  What  is  the  meaning  of  this  but  the  power 
 of  Divine  grace  passed  on  through  Jesus  Christ  from 
 St.  Peter  to  his  vicars  ?  So  in  parallel  cases,  if  you  under- 
 stand logic,  you  will  form  the  same  conclusion.  Moreover, 
 what  holds  good  in  the  whole,  holds  good  in  the  part; 
 what  holds  good  in  the  greater  holds  good  in  the  less.  The 
 Roman  Church  is,  as  it  were,  the  sum  of  all  Churches,  and 
 all  other  Churches  are,  as  it  were,  its  parts.  For  as  in  one 
 respect  man  is  the  class  of  his  individual  members,  and  yet 
 in  each  man  resides  the  property  of  the  whole  man,  so 
 in  one  way  the  Roman  See  is  the  class  and  sum  of  all 
 Churches,  and  yet  in  each  Church  there  reigns  the  entirety 
 of  the  whole  Christian  faith  :  she  is  greatest  of  all  the 
 Churches,  and  what  holds  good  in  her  should  hold  good 
 in  the  less,  as  the  power  of  the  first  head  of  any  Church 
 continues  to  his  successors  unless   there  be  any  express 
 
54 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE   [xm 
 
 1072. 
 
 Accord, 
 ingly  Au- 
 gustine's 
 authority 
 passes  to 
 his  suc- 
 cessors. 
 
 The 
 
 London 
 primacy 
 is  not 
 proved. 
 
 and  personal  exception.  Consequently,  as  Christ  said  to  all 
 the  Roman  prelates  what  he  said  to  Peter,  so  what  Gregory 
 said  to  all  the  successors  of  Augustine,  he  said  in  Augustine. 
 The  result  is,  that  as  Canterbury  is  subject  to  Rome, 
 because  it  received  the  faith  thence,  so  York  is  subject 
 to  Canterbury  which  sent  preachers  thither.  As  for  your 
 allegation  that  Gregory  wished  that  Augustine  should  dwell 
 at  London,  it  is  quite  unsupported.  For  how  can  it  be 
 proved  that  he  disregarded  his  master's  will,  and  deliberately 
 opposed  the  decrees  ?  But  I  object  to  withdraw  credit  from 
 a  tradition  so  well  supported.  For  grant  that  he  did  move 
 elsewhere,  what  is  that  to  me  who  am  not  Bishop  of  London? 
 For  I  do  not  mind  at  all  (save  that  ancient  usage  allows  it 
 not)  that  you  share  the  honour  of  primacy  with  the  London 
 prelate.  If  you  desire  to  have  this  discussed  peacefully  and 
 without  controversy,  I  will  not  disregard  the  correct  decision 
 as  far  as  my  right  and  duty  are  concerned.' 
 
 XIV. 
 
 1075. 
 
 I.  Prece- 
 dence of 
 bishops. 
 
 CANONS   OF   THE   COUNCIL   OF   LONDON 
 UNDER   LANFRANC,  a.d.  1075. 
 
 These  Canons  are  printed  in  Wilkins,  i.  363,  on  the  authority  of 
 the  old  register  of  the  church  at  Worcester,  compared  with  Canter- 
 bury MS.,  A.  vii.  6,  After  a  short  historical  preface  the  document 
 proceeds  as  follows. 
 
 [Tr.  Wilkins,  i.  363.] 
 
 I.  Because  Councils  had  fallen  out  of  fashion  in  England 
 for  many  years  past,  some  things  were  renewed  which  are 
 known  to  have  been  defined  by  ancient  canons  too.  So  it 
 was  ordained  according  to  the  fourth  Council  of  Toledo,  and 
 those  of  Milevis  and  Braga,  that  bishops  should  sit  accord- 
 ing to  the  time  of  their  ordination,  save  those  who  by  old 
 custom,  or  by  the  privileges  of  their  Churches,  have  seats  by 
 
Xiv]    HISTORY  OF   THE  ENGLISH  CHURCH  55 
 
 precedence.  The  old  men  were  asked  about  this,  what  they  1075. 
 had  seen  themselves  or  had  received  truly  and  probably 
 from  their  elders,  and  for  this  answer  delay  was  requested 
 and  granted  till  next  day.  So  on  the  next  day  they  stated 
 unanimously  that  the  Archbishop  of  York  ought  to  sit  at 
 the  right  hand  of  Canterbury,  the  Bishop  of  London  at  the 
 left,  AVinchester  next  York,  but  if  York  be  away,  London 
 on  the  right,  Winchester  on  the  left. 
 
 2.  That  monks  should  hold  their  proper  order  by  the  rule  2.  Monks 
 of  St.  Benedict  in  the  Dialogue  of  Gregory,  and  the  ancient  ^uies^^^^^ 
 custom  of  places  under  rule,  chiefly  that  children  and  youths 
 should  have  guardianship   in  all  places  under  fit  masters 
 assigned  them,  that  all  in  general  should  carry  lights  by 
 
 night  unless  they  have  no  property  allowed  by  the  autho- 
 rities. But  if  any  one  be  discovered  at  death  to  hold  any 
 property  without  the  licence  aforesaid,  and  shall  not  restore 
 it  before  death,  confessing  his  sin  with  penitence  and  grief, 
 let  not  the  bells  be  tolled  for  him,  nor  the  saving  sacrifice 
 be  offered  for  his  absolution,  nor  let  him  be  buried  in  the 
 cemetery. 
 
 3.  By  the  decrees  of  Popes  Damasus  and  Leo,  and  by  3-  Trans- 
 the  Councils  of  Sardica  and  Laodicea,  whereby  it  is  for-  vluagesees 
 bidden  that  bishops'  sees  should  be  in  vills  [villis]  it  was  to  towns. 
 granted  by  royal  favour  and  the  Council's  authority  to  the 
 aforesaid  three  bishops  to  migrate  from  vills  to  cities — Her- 
 mann from  Sherborne  to  Salisbury,  Stigand  from  Selsey  to 
 Chichester,  Peter  from  Lichfield  to  Chester.     The  case  of 
 
 some  who  were  yet  in  vills  or  hamlets  was  postponed  for 
 the  king's  hearing,  then  at  war  in  parts  beyond  the  sea. 
 
 4.  By  many  decrees  of  the  Roman  pontiffs  and  different  4-  Letters 
 authorities  of  the  sacred  canons,  that  no  one  should  keep 
 
 or  ordain  any  clerk  or  monk  without  letters  dimissory. 
 
 5.  To  restrain  the  arrogance  of  some  unwise  men  it  was  5.  Voice 
 enjoined  by  general  decree  that  no  one  speak  in  the  Council,  '(^^^Jj^^ji 
 save  bishops  and  abbots,  without  leave  from  the  metropolitan. 
 
^6 
 
 DOCUMENTS   ILLUSTRATIVE   OF  THE    [xiv 
 
 1075. 
 6.  Pro- 
 hibited 
 decrees. 
 
 7.  Simon}' 
 
 8.  Charms, 
 
 6.  By  the  decrees  of  Gregory  the  Great  and  the  Less 
 that  none  take  a  wife  from  his  own  kin  or  that  of  his 
 deceased  wife,  or  any  he  has  as  relation,  within  the  seventh 
 degree  on  either  side. 
 
 7.  That  no  one  buy  or  sell  sacred  orders  or  church  office 
 which  appertains  to  cure  of  souls  ;  for  this  crime  was  origin- 
 ally condemned  by  the  apostle  Peter  in  the  case  of  Simon 
 Magus,  afterwards  forbidden  under  excommunication  by 
 the  holy  fathers. 
 
 8.  That  the  bones  of  dead  animals  be  not  hung  up  any- 
 magic,  &c.  where  as  though  to  avoid  diseases  of  animals,  and  that 
 
 sorcery,  soothsaying,  divination,  or  any  such  works  of  the 
 Devil  be  practised  by  no  one ;  for  all  such  things  the  sacred 
 canons  have  forbidden,  and  those  who  practise  them  they 
 have  exconimunicated  by  sentence  given. 
 
 9.  That  by  the  Councils  of  Elvira  and  Toledo  XI  no 
 bishop  or  abbot  or  any  of  the  clergy  should  judge  concern- 
 ing a  man  to  be  put  to  death  or  to  mutilation,  nor  favour 
 with  his  authority  those  who  so  judge. 
 
 [Here  follow  the  signatures  of  the  two  archbishops,  twelve  bishops, 
 and  twenty-one  abbots,  these  last  being  preceded  by  the  Archdeacon 
 of  Canterbury.] 
 
 9.  Judges 
 in  capital 
 ollences. 
 
 XV. 
 
 LETTER   OF  WILLIAM   THE   CONQUEROR 
 TO   POPE   GREGORY   VII,  a.d.   1076? 
 
 1076.  The  date  of  this  letter  is  uncertain.    Dr.  Freeman  says  that  it  can- 
 
 not be  earlier  than  1076,  as  it  was  only  in  1073  that  William's  frequent 
 absences  from  England  began  [N.  C.  iv.  433^ 
 
 [Tr.  J.  A.  Giles'  Pafres  Eccl.Angl.  Lanfranc,  i.  32,  letter  x.] 
 
 Your  de-  To  Gregory,  the  most  noble  Shepherd  of  the  Holy  Church, 
 mand  for  William,  by  the  grace  of  God  renowned  king  of  the  English, 
 fuse  as  noT  ^"^^  '^^^^  o^  ^^^^  Normans,  greeting  with  amity.    Hubert,  your 
 
xvi]    HISTORY  OF  THE   ENGLISH  CHURCH  57 
 
 legate,  Holy  Father,  coming  to  me  in  your  behalf,  bade  me      1076. 
 to  do  fealty  to  you  and  your  successors,  and  to  think  better  done  by  my 
 in  the  matter  of  the  money  which  my  predecessors  were  wont  g^^  ^'^'^^' 
 to  send  to  the  Roman  Church  :  the  one  point  I  agreed  to, 
 the  other  I  did  not  agree  to.     I  refused  to  do  fealty,  nor  will 
 I,  because  neither  have  I  promised  it,  nor  do  I  find  that 
 my  predecessors  did  it  to  your  predecessors.     The  money  but  the 
 for  nearly  three  years,  whilst  I  was  in  Gaul,  has  been  care-  J?°"^y 
 
 ■^  •'  '  ^  lormerly 
 
 lessly  collected  ;  but  now  that  I  am  come  back  to  my  king-  collected 
 dom,  by  God's  mercy,  what  has  been  collected  is  sent  by  f^^'^  ^J^^^ 
 the  aforesaid  legate,  and  what  remains  shall  be  dispatched, 
 when  opportunity  serves,  by  the  legate  of  Lanfranc  our 
 faithful  archbishop.  Pray  for  us,  and  for  the  good  estate  of 
 our  realm,  for  we  have  loved  your  predecessors  and  desire 
 to  love  you  sincerely,  and  to  hear  you  obediently  before  all 
 \^prcs  07nnibus\. 
 
 XVI. 
 
 THE  CONQUEROR'S   MANDATE  FOR  DIVIDING 
 THE   CIVIL   AND   CHURCH   COURTS. 
 
 The  date  is  quite  uncertain.  The  document  is  printed  by  Wilkins 
 from  a  MS.  belonging  to  the  Dean  and  Chapter  of  St.  Paul's,  com- 
 pared with  one  in  the  Lincoln  Register  (Remigius  9).  The  text  in 
 Thorpe,  Ancient  Laws  and  Institnics,  i.  495,  and  Stubbs,  S.  C  85, 
 agrees  with  Wilkins. 
 
 [Tr.  Stubbs,  S.  C.  85.] 
 
 William,  by  the  grace  of  God  king  of  the  English,  to  Necessity 
 R.  Bainard,  and  G.  de  Magneville,  and  Peter  de  Valoines,  !^°^  mend- 
 
 '  °  '  ^  ing  the 
 
 and  all  my  liege  men  of  Essex,  Hertfordshire  and  Middle-  bishop's 
 sex  greeting.     Know  ye  and  all  my  liege  men  resident  in  ^^^^* 
 England,  that  I  have  by  my  common  council,  and  by  the 
 advice  of  the  archbishops,  bishops,  abbots  and  chief  men 
 of    my   realm,    determined    that    the    episcopal    laws    be 
 
58  DOCUMENTS  ILLUSTRATIVE  OF  THE   [xvi 
 
 mended  as  not  having  been  kept  properly  nor  according  to 
 the  decrees  of  the  sacred  canons  throughout  the  realm  of 
 Secular       England,  even  to  my  own  times.     Accordingly  I  command 
 and  eccle-  ^^j^^^  charge  you  by  royal  authority  that  no  bishop  nor  arch- 
 causes  to     deacon  do  hereafter  hold  pleas  of  episcopal  laws  in  the 
 Vd^^"      Hundred,  nor  bring  a  cause  to  the  judgment  of  secular 
 men  which  concerns  the  rule  of  souls.     But  whoever  shall 
 be  impleaded  by  the  episcopal  laws  for  any  cause  or  crime, 
 Ecclesias-    let  him  come  to  the  place  which  the  bishop  shall  choose 
 tical  causes  ^^^^  name  for  this  purpose,  and  there  answer  for  his  cause 
 
 to  be  de-  t      r-        7 
 
 cidedatthe  or  crime,  and  not  according  to  the  Hundred  but  according 
 
 bishops      to  the  canons  and  episcopal  laws,  and  let  him  do  right  to 
 
 discretion  11 
 
 according    Ood  and  his  bishop.     But  if  any  one,  being  lifted  up  with 
 
 to  Church  pn^e,  refuse  to  come  to  the  bishop's  court,  let  him  be  sum- 
 moned three  several  times,  and  if  by  this  means,  even. 
 Contempt   he  come  not  to  obedience,  let  the  authority  and  justice  of 
 tobepenal.  the  king  or  sheriff  be  exerted  ;  and  he  who  refuses  to  come 
 to  the  bishop's  judgment  shall  make  good  the  bishop's  law 
 \en1e71dabit  legem  episcopalen{\  for   every  summons.      This 
 Further      ^^^^  I  absolutely  forbid  that  any  sheriff^  reeve,   or  king's 
 emphasis    minister,  or  any  other  layman,  do  in  any  wise  concern  him- 
 separation  ^^^^  ^^^^h  the  laws  which  belong  to  the  bishop,  or  bring 
 of  causes     another  man  to  judgment  save  in  the  bishop's  court.     And 
 ofpenalty.  ^^^  judgment  be  nowhere  undergone  but  in  the  bishop's 
 see  or  in  that  place  which   the  bishop  appoints  for  this 
 purpose. 
 
 XVII. 
 
 WILLIAM   AND   THE   ROYAL   SUPREMACY. 
 
 These  three  Canons  are  taken  from  Eadmer,  Hist.  Nov.  i.  6.  There 
 is  nothing  to  guide  us  as  to  the  exact  date. 
 
 [Tr.  Eadmer,  Rolls  Series,  p.  10.     Cf.  Stubbs,  S.  C.  82.] 
 
 Eadmer  says:    'Some  of  those  novel  points  I  will  set 
 down  which  he  (William)  appointed  to  be  observed.  .  .  . 
 
xviii]    HISTORY  OF  THE   ENGLISH  CHURCH  59 
 
 '  I.  He  would  not  then  allow  any  one  settled  in  all  his  r.  As  to 
 dominion  to  acknowledge  as  apostolic  the  pontiff  of  the  'i^know- 
 City  of  Rome,  save  at  his  own  bidding,  or  by  any  means  to  theVope, 
 receive  any  letter  from  him  if  it  had  not  first  been  shown 
 to  himself. 
 
 '  2.  The  primate  also  of  his  realm,  I  mean  the  Archbishop  2.  pro- 
 of Canterbury  or    Dorobernia,    presiding    over   a   general  ^'"^^^''^^ 
 Council   assembled  of  bishops,  he  did  not  permit  to  or- 
 dain or  forbid  anything  save  what  had  first  been  ordained 
 by  himself  as  agreeable  to  his  own  will. 
 
 '  3.  He  would  not  suffer  that  any,  even  of  his  bishops,  3.  excom- 
 should  be  allowed  to  implead  publicly,  or  excommunicate,  ^y^'^^^^io" 
 or  constrain  by  any  penalty  of  ecclesiastical  rigour,  any  of  &c. 
 his  barons  or  ministers  accused  of  incest,  or  adultery,  or  any 
 capital  crime,  save  by  his  command.' 
 
 XVIII. 
 
 HENRY'S    LETTER   TO   ANSELM,  a.  d.   1100. 
 
 Henry  had  been  crowned  during  Anselm's  absence.     Tlie  letter       1100. 
 which  follows  was  written  by  the  king  to  explain  the  reason  for  this. 
 The  document  is  often  quoted  in  illustration  of  the  archbishop's  con- 
 stitutional position  at  the  time. 
 
 [Tr.  Anselm's  Letters ,  ed.  Migne,  tom.  159,   iii.  xli,     Cf.  Stubbs, 
 5.  C.  102.] 
 
 Henry,  by  the  grace  of  God  king  of  the  English,  to  his  Anselm  is 
 
 most  good  spiritual  father  Anselm,  bishop  of  Canterbury,  requested 
 
 greeting  and  demonstration  of  all  friendliness.     Know,  my  once  to 
 
 dearest  father,  that  my  brother  Kinff  William  is  dead,  and  *^^^     , 
 ^  J  '^  counsel ; 
 
 I,  by  God's  will,  having  been  elected  by  the  clergy  and  people 
 of  England,  and  already  consecrated  king — although  owing 
 to  your  absence  against  my  will — I,  with  all  the  people  of 
 England,  require  you,  as  our  father,  that  with  all  speed 
 you  come  to  take  care  of  me,  your  son,  and    the   same 
 
6o 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE    [xviii 
 
 1100. 
 
 and  the 
 hurried 
 coronation 
 is  explain- 
 ed as 
 necessary. 
 
 Money  is 
 promised 
 and  the 
 route  pre- 
 scribed. 
 
 people,  the  care  of  whose  souls  has  been  committed  to  you. 
 My  own  self,  indeed,  and  the  people  of  the  whole  realm  of 
 England  I  commend  to  your  counsel  and  theirs  who  with 
 you  ought  to  take  counsel  for  me  ;  and  I  pray  that  it  displease 
 you  not  that  I  have  received  the  royal  blessing  without  you, 
 from  whom,  had  it  been  possible,  I  would  have  received  it 
 more  willingly  than  from  any  other.  But  there  was  such 
 necessity,  because  enemies  wanted  to  rise  against  me  and 
 the  people  which  I  have  to  govern,  and  so  my  barons  and 
 this  same  people  did  not  wish  it  to  be  deferred  longer  ;  by 
 reason  of  this,  then,  I  received  it  from  your  representatives. 
 Indeed,  I  would  have  sent  to  you  from  my  person  some 
 by  whom  I  might  also  have  dispatched  money  to  you, 
 but  owing  to  the  death  of  my  brother  the  whole  world 
 is  so  disturbed  all  round  the  realm  of  England  that  they 
 would  not  have  been  in  any  wise  able  to  reach  you  safely. 
 I  advise  you  then  and  enjoin  you  not  to  come  through 
 Normandy,  but  by  Witsand,  and  I  will  have  my  barons  at 
 Dover  to  meet  you,  and  money  to  convey  you,  and  you  will 
 find,  by  God's  help,  means  to  pay  off  well  anything  you  have 
 borrowed.  Hasten  therefore,  father,  to  come,  lest  our 
 mother  the  Church  of  Canterbury,  so  long  tempest-tossed 
 and  desolate,  should  any  further,  for  your  sake,  experience  the 
 loss  of  souls.  Witness,  Girard,  bishop,  and  William,  bishop- 
 elect  of  Winchester,  and  William  Warelwast,  and  Earl 
 Henry,  and  Robert  FitzHaimon,  and  Haimon  my  steward, 
 and  others,  as  well  my  bishops  as  barons.     Farewell. 
 
xix]    HISTORY  OF  THE  ENGLISH  CHURCH  6i 
 
 XIX. 
 
 CANONS  OF  THE  COUNCIL  AT  WESTMINSTER, 
 
 A.  D.    1102. 
 
 The  following  canons  are  given  on  the  authority  of  Eadmer,  Hist.       1102. 
 Nov.  iii.  67,  &c.,  but  there  is  some  uncertainty  as  to  Councils  held  in 
 this  year,  and  Eadmer  evidently  gives  a  summary. 
 
 [Tr.  Eadmer,  /.  c,  Rolls  Series  edition,  p.  142.] 
 
 [The  first  canon  concerned  the  practice  of  simony,  for  i.  Simony. 
 which  certain  members  of  the  Council  were  deprived  on  the 
 spot.] 
 
 2.  Bishops  are  not  to  undertake  the  office  [of  judge]  in  2.  Bishops, 
 secular  pleas,  and  are  to  dress  not  as  laymen,  but  as  be- 
 comes religious  persons,  and  are  always  and  everywhere  to 
 have  honest  persons  witnesses  of  their  conversation. 
 
 •5.  That  archdeaconries  be  not  let  to  farm.  3-  Arch- 
 
 deaconnes. 
 
 4.  That  archdeacons  be  deacons.  .    , 
 
 ^  4.  Arch- 
 
 5.  That  no  archdeacon,  priest,  deacon,  or  canon  marry  or  deacons, 
 retain  a  wife,  and  that  any  subdeacon  who  is  not  a  canon,  5-8.  Celi- 
 having  married  after  profession  of  chastity,  be  bound  by  the  ^f^  Jy  ^  ^ 
 same  rule. 
 
 6.  That  a  priest  as  long  as  he  has  illicit  intercourse  with 
 a  woman  be  not  lawful  nor  celebrate  mass,  and  if  he  do  so 
 that  his  mass  be  not  heard. 
 
 7.  That  none  be  ordained  to  the  subdiaconate,  or  beyond, 
 without  profession  of  chastity. 
 
 8.  That  sons  of  priests  succeed  not  to  their  fathers' 
 churches. 
 
 0.  That  no  clerks  at  all  be  the  agents  or  proctors  of9-i3-Con- 
 secular  men,  nor  be  judges  of  blood.  dress  of 
 
 10.  That  priests  go  not  to  drinking  bouts  nor  drink  to  clerks, 
 pegs  ^  [ad ptnnas]. 
 
 "■  Cf.  Bishop  Stubbs,  Mmi.  oj  St,  Dunstan,  Rolls  Series,  Pref. 
 p.  cviii. 
 
DOCUMENTS  ILLUSTRATIVE   OF  THE   [xix 
 
 1102. 
 
 18-22. 
 
 Monastic 
 restric- 
 tions. 
 
 11.  That  the  apparel  of  priests  be  of  one  colour,  and 
 their  shoes  as  ordered  \o7'dinata\ 
 
 12.  That  monks  or  clerks  who  have  forsaken  their  order 
 either  return  or  be  excommunicated. 
 
 13.  That  clerks  have  visible  tonsures. 
 
 14.  That  tithes  be  only  given  to  churches. 
 
 15.  That  churches  and  prebends  be  not  bought. 
 
 16.  That  there  be  no  new  chapels  without  the  bishop's 
 consent. 
 
 17.  That  a  church  be  not  consecrated  until  things  neces- 
 sary for  priest  and  church  be  provided. 
 
 18.  That  abbots  do  not  make  knights  \inUites\  and  that 
 they  eat  and  sleep  in  the  same  house  with  their  monks 
 except  when  necessity  prevents. 
 
 19.  That  monks  impose  no  penance  on  any  without  leave 
 of  their  abbot,  and  that  abbots  cannot  give  them  permis- 
 sion concerning  this,  save  in  the  case  of  those  over  whom 
 they  have  spiritual  charge. 
 
 20.  That  monks  be  not  godfathers,  nor  nuns  god- 
 mothers. 
 
 21.  That  monks  hold  no  towns  \yiUas\  at  farm. 
 
 22.  That  monks  accept  no  churches  save  through  the 
 bishops,  and  that  when  given  to  them  they  do  not  so  deprive 
 them  of  their  rents,  that  the  priests  serving  there  be  in  lack 
 of  necessaries. 
 
 23.  That  plighted  troth  between  man  and  woman,  if 
 given  in  secret  and  without  witnesses,  be  considered  void 
 when  denied  by  either  party. 
 
 24.  That  those  wearing  hair  be  so  shorn  that  part  of  their 
 ears  be  visible  and  their  eyes  be  not  covered. 
 
 25.  That  relations  up  to  the  seventh  degree  be  not 
 married,  nor  if  married  cohabit  any  longer ;  and  if  any 
 one  be  aware  of  this  incest  and  declare  it  not,  let  him 
 know  that  he  is  a  party  to  the  same  guilt. 
 
 26.  That  bodies  of  dead  people  be  not  carried  outside 
 
xx]    HISTORY  OF  THE  ENGLISH  CHURCH  63 
 
 their  parish  for  burial  so  that  the  priest  of  the  parish  lose      1102. 
 his  just  due  therefrom. 
 
 27.  That  none  in  presumptuous    novelty  without  epis-  27.  Re- 
 copal   authority  show  reverence    for   the   bodies  of  dead  Y^i'^nce 
 
 ,  .  1-1  ,  ,.  for  dead 
 
 people,  or  sprmgs,  or  anythmg  else,  as  we  have  discovered  bodies,  &c. 
 it  to  be  done. 
 
 28.  That  none  henceforth  presume  to  exercise  that  wicked  28. 
 trade  whereby  men  were  heretofore  wont  to  be  sold  in  ^^^^'^^y- 
 England  like  brute  beasts. 
 
 29.  Those   who    commit   sodomy,    and    those   willingly  29. 
 aiding  them  in  this,  were  in  this  same  synod  condemned  Abomin- 
 with  strict  anathema,  until  by  penance  and  confession  they  crimes, 
 merit  absolution.     And  as  for  a  man  detected  in  this  crime, 
 
 it  was  ordained  that,  if  a  person  of  a  religious  order,  he  be 
 promoted  to  no  higher  rank,  and  be  deposed  from  any  he 
 has ;  but  if  a  layman,  that  he  be  deprived  of  his  lawful 
 condition  in  all  the  realm  of  England,  and  that  none  save  a 
 bishop  presume  to  grant  absolution  for  this  crime  to  those 
 who  have  not  undertaken  to  live  under  vows. 
 
 30.  It  was  also  ordained  that  the  aforesaid  excommuni- 
 cation be  renewed  throughout  all  England  on  every  Lord's 
 Day. 
 
 XX. 
 
 THE   COMPROMISE   OF    INVESTITURES, 
 
 A.  D.     1107. 
 
 In  the  issue  of  the  long  controversy  between  Anselm  and  the  king,        1107. 
 on  the  question  of  Investiture,  we  are  chiefly  dependent  on  Eadmer, 
 Htst.  Nov.  iv.  91,  as  quoted  below.     Matthew  of  Westminster,  and 
 other  authorities,  simply  cite  him. 
 
 [Tr.  Johnson,  compared  with  Eadmer,  Rolls  Series,  186  ;  c/!Wilkins, 
 i.  386.] 
 
 On  the  first  of  August  an  assembly  of  bishops,  abbots,  Prelimin- 
 and  nobles  of  the  realm  was  held  at  London  in  the  king's  ^^y  discus- 
 
 sion  at 
 
64  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xx 
 
 1107.      palace.   And  for  three  successive  days,  in  Anselm's  absence, 
 London  in  the  matter  was   thoroughly  discussed   between   king   and 
 nse  m  s     ^jghops  Concerning  church  investitures,  some  arguing  for 
 this  that  the  king  should  perform  them  after  the  manner 
 of  his  father  and  brother,  not  according  to  the  injunction 
 and  obedience  of  the  pope.     For  the  pope  in  the  sentence 
 which  had  been  then  published,  standing  firm,  had  con- 
 ceded homage,  which  Pope  Urban  had  forbidden,  as  well 
 as  investiture,  and  in  this  way  had  won  over  the  king  about 
 investiture,  as  may  be  gathered  from  the  letter  we  have 
 Eventual     quoted  above.     Afterwards,  in  the  presence  of  Anselm  and 
 compro-      a  large  concourse,  the  king  agreed  and  ordained  that  hence- 
 Anselm's     forward  no  one  should  be  invested  with  bishopric  or  abbacy 
 absence ;     in  England  by  the  giving  of  a  pastoral  staff  or  the  ring,  by 
 king  gives  ^^^  ^^"^S  ^r  any  lay  hand ;  Anselm  also  agreeing  that  no 
 up  lay  in-    one  elected  to  a  prelacy  should  be  deprived  of  consecration 
 02)^ Anselm  ^°  ^^^  office  undertaken  on  the  ground  of  homage,  which 
 concedes     he  should  make  to  the  king.     After  this  decision,  by  the 
 no'baf'to^^  advice  of  Anselm   and  the   nobles  of  the   realm,  fathers 
 consecra-    were  instituted  by   the   king,   without   any  investiture   of 
 pastoral  staff  or  ring,  to  nearly  all  the  churches  of  England 
 which  had  been  so  long  widowed  of  their  shepherds. 
 
 XXL 
 
 CANONS   OF   ANSELM   AT   LONDON,   a.  d.  1108. 
 
 1108.  These  canons  are  given  in  Eadmer,  Hist.  Nov.  iv.  94,  from  whom 
 
 they  appear  to  have  been  quoted  by  later  writers.     The  Council  was 
 held  at  London,  at  Whitsuntide. 
 
 [Tr.  Eadmer,  Hist.  Nov.  iv.  94,  Rolls  Series,  p.  193  ;  cf.  Wilkins,  i.  387.] 
 
 Obligation       I-  It  was  Ordained  that  priests,  deacons,  and  subdeacons 
 ofcelibacy.  Uye  in  chastity,  and  have  no  women  in  their  houses,  save 
 
 those  very  closely  related  to   them,  as   the  holy  Nicene 
 
 Council  defined. 
 
 tion. 
 
XXI]      HISTORY  OF  THE  ENGLISH  CHURCH  65 
 
 2.  Those  priests,   deacons,   and   subdeacons,   who  after      iios. 
 
 the  prohibition  of  the  London  Council  have  retained  their  Entire 
 
 women,  or  have  married  others,  if  they  wish  to  celebrate  ^'^01"^^ 
 r  1  •         1     11  1  r  ,  decreed, 
 
 mass   alter   this,    shall    put    them    away   from   themselves 
 
 entirely  [fade7if  alienas\  so  that  neither  these  enter  their 
 
 houses,   nor  they  theirs,   nor  yet  knowingly  meet  in  any 
 
 house  ;  nor  are  such  women  to  live  on  any  church  territory. 
 
 3.  If  they  must  needs  speak  with  them  for  any  honest  Further 
 reason,  let  them  speak  with  them  outside  the  house  with  ^^^''^ff "^^ 
 
 '  ^  regulated. 
 
 two  lawful  witnesses. 
 
 4.  And  if  any  of  them  have  been  accused  of  breaking  Purgation 
 this  statute,  by  two  or   three  lawful  witnesses,  or  public  Jj  o^^"- 
 report  of  the  parishioners,  he  shall  purge  himself  with  six 
 witnesses  if  a  priest,  four  if  a  deacon,  two  if  a  subdeacon. 
 
 And  if  this  purgation  fail  he  shall  be  adjudged  a  breaker 
 of  the  sacred  decree. 
 
 5.  Let  those  priests  who,  despising  God's  altar  and  their  Treatment 
 holy  orders,  prefer  to  live  with  women,  be  deprived  of  office     i"eiusal. 
 and  benefice  and  put  out  of  the  choir,  after  being  pro- 
 nounced infamous. 
 
 6.  And  if  in  rebellion  and  contempt  any  leave  not  the 
 woman  and  presume  to  celebrate  mass,  let  him  be  excom- 
 municated on  the  eighth  day  unless  he  refuse  not  satis- 
 faction when  demanded. 
 
 7.  This  same  sentence  comprehends  all  archdeacons  and  Extension 
 canons  as  to  leaving  their  women,  and  avoiding  contact  '?p^."^',^^^°'' 
 with  them,  and  the  censure  incurred  if  they  shall  transgress 
 
 the  statutes. 
 
 8.  All  archdeacons  shall  swear  that  they  will  not  take  Penalty 
 money  to  connive  at  the  breach  of  this  statute,  nor  will 
 
 nivance. 
 
 they  suffer  priests,  whom  they  know  to  have  women,  to  sing 
 mass  or  to  have  vicars.  Deans  shall  act  in  like  manner, 
 and  the  archdeacon  or  dean  refusing  to  swear  this  shall 
 lose  his  archdeaconry  or  deanery. 
 
 9.  But  priests  who  choose  to  leave  their  women  and  serve  f^^/^^^"  ^^ 
 
 F 
 
66 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [xxi 
 
 1108. 
 
 who  re- 
 turn. 
 
 Confisca- 
 tion for 
 further 
 oflence. 
 
 God  and  His  holy  altars,  vacating  their  office  for  forty  days, 
 shall  in  the  meantime  have  vicars,  penance  being  enjoined 
 them  according  to  the  bishop's  discretion. 
 
 All  movables   belonging   to    priests,  deacons,  sub- 
 
 lO. 
 
 deacons,  or  canons  who  fall  henceforth,  shall  be  forfeited 
 to  the  bishops,  as  well  as  the  concubines,  with  their 
 effects,  as  adulteresses. 
 
 XXIL 
 
 11S6. 
 
 The 
 
 Churcli  to 
 be  free. 
 
 bimony 
 prohibited. 
 
 Bishops' 
 authority 
 over  eccle- 
 siastical 
 persons, 
 &c., 
 allowed. 
 
 Ancient 
 church 
 privileges 
 and  pro- 
 perty 
 recognized 
 within 
 limits. 
 
 SECOND   CHARTER  OF  STEPHEN,  a.  d.  113G. 
 
 This  charter  was  granted  by  Stephen  at  the  first  great  Council  of 
 his  reign.  Its  provisions  are  based  upon  a  previous  charter  of 
 Henry  I. 
 
 [Tr.  Statutes  of  the  Realm,  Charters  of  Liberties,  p.  3.  Cf.  Stubbs, 
 5.  C.  120.] 
 
 I,  Stephen,  by  the  grace  of  God  and  the  assent  of  the 
 clergy  and  people  elected  king  of  the  English,  and  con- 
 secrated by  William,  archbishop  of  Canterbury  and  legate 
 of  the  Holy  Roman  Church,  and  confirmed  by  Innocent, 
 pontiff  of  the  Holy  Roman  See,  from  regard  and  love  to 
 God,  do  grant  holy  Church  to  be  free  and  confirm  due 
 reverence  to  her.  I  promise  that  I  will  not  do  nor  allow 
 any  simony  in  the  Church  or  in  church  affairs.  I  permit 
 and  confirm  justice  and  power  over  ecclesiastical  persons 
 and  all  clerks  and  their  efiects,  and  the  distribution  of 
 ecclesiastical  goods  to  be  in  the  hands  of  the  bishops.  The 
 dignities  of  churches  confirmed  by  their  privileges,  and 
 their  customs  had  of  ancient  continuance,  I  ordain  and 
 grant  to  remain  inviolate.  All  the  possessions  and  holdings 
 of  churches  which  they  had  on  that  day  when  William 
 the  king,  my  grandfather,  was  alive  and  dead,  I  grant 
 to  them  to  be  free  and  absolute  without  any  appeal  from 
 claimants.     But  if  the  Church  shall  hereafter  seek  to  regain 
 
xxii]    HISTORY  OF  THE  ENGLISH  CHURCH  67 
 
 any   of  the  things  held  or  possessed  before  the  death  of      II06. 
 the  same  king  which  the  Church  has  no  longer,  I  reserve 
 them  for  my  indulgence  and  dispensation  for  restoration 
 or  for  consideration.      But  I   confirm  whatever  has  been 
 bestowed  upon  them  since  the  death  of  this  same  king,  by 
 the  liberality  of  kings  or  the  gift  of  great  men,  by  presenta- 
 tion   or   acquisition,   or  by  any  exchange  of  the   faithful. 
 I    promise  that  I   will    perform   peace   and  justice   in  all  Peace  and 
 things,  and  will  maintain  these  for  them  as  far  as  I  can.  ^^^l^^  j 
 1  reserve  for  myself  the  forests  which  William  my  grand-  Forest 
 father,  and  William  my  uncle  established  and  had.    All  the  I'^gula- 
 others  which  King  Henry  further  added  I  give  back  and 
 grant  to  the  churches  and  the  kingdom  without  molesta- 
 tion.    If  any  bishop  or  abbot  or  other  ecclesiastical  person  Testament- 
 shall,    before   his   death,  reasonably   devise   or   intend  to  ^'T  '^^°" 
 
 '  '  ■>  sitions  oy 
 
 devise  his  goods,  I  grant  it  to  remain  firm.     But  if  he  bishops, 
 shall  be  overtaken  by  death  let  the  same  devise  take  place  ^^' 
 with  the  advice  of  the  Church  for  the  health  of  his  soul. 
 Moreover,  whilst  sees  shall  be  without  their  proper  pastors.  Vacant 
 these  and  all  their  possessions  I  will  commit  to  the  hand  ^^^^' 
 and  custody  of  the  clerks  or  good  men  of  the  same  church, 
 until  a  pastor  be  canonically  appointed  to  succeed.     I  en-  Prohibi- 
 tirely  abolish  all  exactions,  and  injuries,  and  miskennings^  lections ^''^" 
 [inescheningas]  wrongly  introduced,  whether  by  sheriffs  or  &c. 
 by  any  other.     I  will  observe,  and  command  and  ordain  to 
 be  observed,  the  good  laws  and  ancient  and  just  customs 
 in  murders  and  pleas  and  other  causes.     All  these  things 
 I   grant   and   confirm   saving   my  ro3^al   and  just  dignity. 
 Witness  :  W.  Archbishop  of  Canterbury,  Hugh  Archbishop  Witnesses, 
 of  Rouen,  and  Henry  Bishop  of  Winchester,   and  Roger 
 Bishop  of  Salisbury,  and  A.  Bishop  of  Lincoln,  and  Nigel 
 Bishop  of  Ely,  and  Everard  Bishop  of  Norwich,  and  Simon 
 Bishop  of  Worcester,  and  Bernard  Bishop  of  St.  David's, 
 and  Owen  Bishop  of  Evreux,  Richard  Bishop  of  Avranches, 
 ^  Variation  of  plea  made  in  court. 
 F  2 
 
68  DOCUMENTS  ILLUSTRATIVE  OF  THE    [xxii 
 
 lloG.  Robert  Bishop  of  Hereford,  John  Bishop  of  Rochester, 
 Athelwulf  Bishop  of  Carhsle,  and  other  lay  signatories.  At 
 Oxford,  in  the  year  1136  from  the  Lord's  Incarnation,  and 
 the  first  of  my  reign. 
 
 XXIII. 
 THE   CONSTITUTIONS   OF   CLARENDON, 
 
 A.D.     11G4. 
 
 11G4.  Bishop  Stubbs  says  that  the  Latin  original  of  the  following  transla- 
 
 tion of  the  constitutions  is  probably  the  exact  form  in  which  they 
 were  reported  to  the  king  and  confirmed  by  the  bishops  and  barons. 
 
 [Tr.  Cotton.  MS.,  Claudius  B.  2,  f.  26.     Cf.  Stubbs,  5.  C.  137.] 
 
 This  defi-  In  the  year  11 64  from  our  Lord's  Incarnation,  the  fourth 
 
 "^^^t^TtT  ^^  ^^^  pontificate  of  Alexander,   the  tenth  of  Henry   II, 
 
 customs,  most  illustrious  king  of  the  English,   in   the  presence  of 
 
 &c.,  in  ^j^g  same  kins;,  was  made  this  remembrance   or  acknow- 
 
 dispute  '^^ 
 
 was  drawn  ledgment  of  a  certain  part  of  the  customs,  liberties,  and 
 
 up  and        dignities  of  his  ancestors,  that  is  of  King  Henry  his  grand- 
 
 a  final         father,  and  of  others,  which  ought  to  be  observed  and  held  in 
 
 settlement  |.|^g  realm.     And  owinsf  to  strifes  and  dissensions  which  had 
 between  ^ 
 
 the  dis-       taken  place  between  the  clergy  and  justices  of  the  lord  the 
 
 puting        \i[i-^a  and  the  barons  of  the   realm,  in  respect  of  customs 
 parties.  ^  ^ 
 
 and  dignities  of  the  realm,  this  recognition  was  made  before 
 
 the  archbishops  and  bishops  and  clergy,  and  the  earls  and 
 
 barons  and  nobles  of  the  realm.     And  these  same  customs 
 
 recognized  by  the  archbishops  and  bishops,  and  earls  and 
 
 barons,  and  by  those  of  high  rank  and  age  in  the  realm, 
 
 Thomas  Archbishop  of  Canterbury,  and  Roger  Archbishop 
 
 of  York,  and  Gilbert  Bishop  of  London,  and  Henry  Bishop 
 
 of  Winchester,    and    Nigel    Bishop   of   Ely,    and  William 
 
 Bishop  of  Norwich,   and  Robert  Bishop  of  Lincoln,  and 
 
 Hilary  Bishop  of  Chichester,  and  Jocelyn  Bishop  of  Salis- 
 
xxiii]     HISTORY  OF  THE  ENGLISH  CHURCH  69 
 
 bury,  and  Richard  Bishop  of  Chester,  and  Bartholomew  1164. 
 Bishop  of  Exeter,  and  Robert  Bishop  of  Hereford,  and 
 David  Bishop  of  St.  David's,  and  Roger  elect  of  Worcester, 
 conceded,  and  by  word  of  mouth  steadfastly  promised  on  the 
 word  of  truth,  to  the  lord  the  king  and  his  heirs,  should 
 be  kept  and  observed  in  good  faith  and  without  evil  intent, 
 these  being  present :  Robert  Earl  of  Leicester,  Reginald  in  the 
 Earl  of  Cornwall,   Conan   Earl  of  Brittany,  John  Earl  ofPj-'^^^f.^ 
 
 '  JT    J  of  certain  . 
 
 Eu,  Roger  Earl  of  Clare,  Earl  Geoffrey  de  Mandeville,  nobles  and 
 Hugh  Earl  of  Chester,  William  Earl  of  Arundel,  Earl  others, 
 Patrick,  William  Earl  of  Ferrers,  Richard  de  Luci,  Reginald 
 de  St.  Valery,  Roger  Bigot,  Reginald  de  Warenne,  Richer 
 de  Aquila,  William  de  Braose,  Richard  de  Camville,  Nigel 
 de  Mowbray,  Simon  de  Beauchamp,  Humphry  de  Bohun, 
 Matthew  de  Hereford,  Walter  de  Mayenne,  Manser  Biset 
 the  steward,  William  Malet,  William  de  Courcy,  Robert 
 de  Dunstanville,  Jocelin  de  Balliol,  William  de  Lanvallei, 
 William  de  Caisnet,  Geoffrey  de  Vere,  William  de  Hastings, 
 Hugh  de  Moreville,  Alan  de  Neville,  Simon  son  of  Peter, 
 William  Maudit  the  chamberlain,  John  Maudit,  John  Mar- 
 shall, Peter  de  Mara,  and  many  other  magnates  and  nobles 
 of  the  realm,  as  well  clerical  as  lay. 
 
 Now  of  the  acknowledged  customs  and  dignities  of  the  and  the 
 realm  a  certain  part  is  contained  in  the  present  document^  her^^^^ 
 of  which  part  these  are  the  chapters  : —  follow : 
 
 1.  If  controversy  shall  arise  between  laymen,  or  clergy  i.  Disputes 
 and  laymen,  or  clergy,  regarding  advowson  and  presentation  ^q^°qj^' 
 to  churches,  let  it  be  treated  or  concluded  in  the  court  of  and 
 
 the  lord  the  king.  presenta- 
 
 °  _        tion. 
 
 2.  Churches  belonging  to  the  fee  of  the  lord  the  king  2.  Restric- 
 cannot  be  granted  in  perpetuity  without  his  own  assent  and  ^^^^^^^^^ 
 grant.  on  king's 
 
 3.  Clerks  cited  and  accused  of  any  matter  shall,  when  !f  ^gg^^ie. 
 summoned  by  the  king's  justice,  come  into  his  own  court  ment  as  to 
 to  answer  there  concerning  what  it  shall  seem  to  the  king's  ^^^^^^ 
 
70  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xxiii 
 
 1164.  court  should  be  answered  there,  and  in  the  church  court 
 for  what  it  shall  seem  should  be  answered  there;  yet  so 
 that  the  king's  justice  shall  send  into  the  court  of  holy 
 Church  to  see  in  what  way  the  matter  is  there  treated. 
 And  if  the  clerk  be  convicted,  or  shall  confess,  the  Church 
 must  not  any  longer  protect  him. 
 
 4.  Leave         4.  Archbishops,  bishops,  and  persons  of  the  realm  are 
 of  absence  j^q|.  allowed  to  leave  the  kingdom  without  licence  of  the 
 
 to  the  ° 
 
 clergy.  lord  the  king  ;  and  if  they  do  leave,  they  shall,  if  the  king 
 so  please,  give  security  that  neither  in  going  nor  in  staying, 
 nor  in  returning,  will  they  seek  the  ill  or  damage  of  the  lord 
 the  king  or  realm. 
 
 5.  Excom-       5-  Excommunicate  persons  are  not  to  give  pledge  for  the 
 municates.  future,   nor   to  take  oath,  but   only  to  give  security  and 
 
 pledge  of  abiding  by  the  Church's  judgment  that  they 
 may  be  absolved. 
 
 6.  Con-  6.  Laymen  are  not  to  be  accused  save  by  proper  and 
 cerning      j      j  accusers  and  witnesses  in  the  presence  of  the  bishop, 
 
 charges  °  1  r? 
 
 against  SO  that  the  archdeacon  do  not  lose  his  right  nor  anything 
 laymen.  ^^^  ^^  j^j^^  thence.  And  if  the  accused  be  such  that  no  one 
 wills  or  dares  to  accuse  them,  the  sheriff,  when  requested  by 
 the  bishop,  shall  cause  twelve  lawful  men  from  the  neigh- 
 bourhood \de  vicinefo]  or  the  town  to  swear  before  the 
 bishop  that  they  will  show  the  truth  in  the  matter  accord- 
 ing to  their  conscience. 
 
 7.  The  ex-       7-   No  one  who  holds  of  the  king  in  chief,  and  none 
 communi-    ^f  ]-^jg  demesne  officers  are  to  be  excommunicated,  nor  the 
 
 cation  of 
 
 tenants  in  lands  of  any  one  of  them  to  be  put  under  an  mterdict 
 chief.  unless  first  the  lord  the  king,  if  he  be  in  the  country,  or 
 
 his  justiciar  if  he  be  outside  the  kingdom,  be  applied  to, 
 in  order  that  he  may  do  right  for  him ;  and  so  that  what 
 shall  appertain  to  the  royal  court  be  concluded  there,  and 
 that  what  shall  belong  to  the  church  court  be  sent  to  the 
 same  to  be  treated  there. 
 
 8.  The  .         8.  In  regard  to  appeals,  if  they  shall  occur,  they  must 
 
xxiii]    HISTORY  OF  THE  ENGLISH  CHURCH.  71 
 
 proceed  from  the  archdeacon  to  the  bishop,  and  from  the      1164. 
 bishop  to  the  archbishop.     And  if  the  archbishop  fail  in  direction 
 showing  justice,  they  must  come  at  last  to  the  lord  the  °f  ^PP^^^s 
 king,  that  by  his  command  the  dispute  be  concluded  in  the 
 archbishop's  court,  so  that  it  must  not  go  further  without 
 the  assent  of  the  lord  the  king. 
 
 9.  If  a  dispute  shall  arise  between  a  clerk  and  a  layman,  9.  Disputes 
 or  between  a  layman  and  a  clerk,  in  respect  of  any  tenement  ^;?  ^°  ^!^? 
 
 1-11  11-1  1     •  1  disposition 
 
 which  the  clerk  wishes  to  bring  to  frank-almoign,  but  the  of  a 
 
 layman  to  a  lay  fee,  it  shall  be  concluded  by  the  considera-  tenement. 
 
 tion  of  the  king's  chief  justice  on   the  award  of  twelve 
 
 lawful  men,  whether  the  tenement  belong  to  frank-almoign 
 
 or  to  lay  fee,   before  the  king's  justiciar  himself.     And  if 
 
 the  award  be  that  it  belongs  to  frank-almoign,  it  shall  be 
 
 pleaded  in  the  church  court,  but  if  to  the  lay  fee,  unless 
 
 both  claim  under  the  same  bishop  or  baron,  it  shall  be 
 
 pleaded  in  the  king's  court.     But  if  both  appeal  concerning 
 
 this  fee  to  the  same  bishop  or  baron,  it  shall  be  pleaded 
 
 in  his  own  court,  so  that  for  making  the  award  he  who  was 
 
 first  seised,  lose  not  his  seisin  until  the  matter  be  settled 
 
 by  the  plea. 
 
 10.  If  any  one  of  a  city,  or  castle,  or  borough,  or  a  to.  Spirit- 
 demesne  manor  of  the  lord  the  king,   be  cited  by  arch-  "^  j^ya"^^^ 
 deacon  or  bishop  for  any  offence  for  which  he  ought  to  tenants, 
 answer  them,  and  refuse  to  give  satisfaction  at  their  cita- 
 tions, it  is  well  lawful  to  place  him  under  interdict ;  but 
 
 he  must  not  be  excommunicated  before  the  chief  officer 
 of  the  lord  the  king  of  that  town  be  applied  to,  in  order  that 
 he  may  adjudge  him  to  come  for  satisfaction.  And  if  the 
 king's  officer  fail  in  this,  he  shall  be  at  the  king's  mercy, 
 and  thereafter  the  bishop  shall  be  able  to  restrain  the 
 accused  by  ecclesiastical  justice. 
 
 11.  Archbishops,  bishops,  and  all  persons  of  the  realm  cei-ning 
 who  hold  of  the  king  in  chief,  have  their  possessions  from  clerical 
 the  lord  the  king  as  barony,  and  are  answerable  therefor  ^,j^-g^_ 
 
72 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE    [xxiii 
 
 llGl. 
 
 12.  The 
 custody  of 
 vacant 
 sees,  &c. 
 
 13.  Con- 
 cerning 
 restraint 
 of  justice. 
 
 14.  The 
 goods  of 
 outlaws. 
 
 15.  Pleas 
 of  debt. 
 
 16.  Ordina- 
 tion of 
 villeins. 
 
 to  the  king's  justices  and  ministers^  and  follow  and  do  all 
 royal  rights  and  customs,  and  like  all  other  barons,  have 
 to  be  present  at  the  trials  of  the  court  of  the  lord  the  king 
 with  the  barons  until  it  comes  to  a  judgment  of  loss  of 
 hmb,  or  death. 
 
 12.  When  an  archbishopric  or  bishopric  is  vacant,  or 
 any  abbey  or  priory  of  the  king's  demesne,  it  must  be  in 
 his  own  hand,  and  from  it  he  shall  receive  all  revenues 
 and  rents  as  demesne.  And  when  they  come  to  provide 
 for  the  church,  the  lord  the  king  must  cite  the  chief 
 persons  of  the  church,  and  the  election  must  take  place 
 in  the  chapel  of  the  lord  the  king  himself,  with  the 
 assent  of  the  lord  the  king,  and  the  advice  of  the  persons 
 of  the  realm  whom  he  shall  have  summoned  to  do  this. 
 And  the  person  elected  shall  there  do  homage  and  fealty 
 to  the  lord  the  king  as  to  his  liege  lord  for  his  life  and  limbs 
 and  earthly  honour,  saving  his  order,  before  he  be  con- 
 secrated. 
 
 13.  If  any  of  the  nobles  of  the  realm  forcibly  prevent 
 the  archbishop  or  bishop  or  archdeacon  from  doing  justice 
 in  regard  of  himself  or  his  people,  the  lord  the  king  must 
 bring  them  to  justice.  And  if  perchance  any  one  should 
 deforce  the  lord  the  king,  the  archbishops  and  bishops  and 
 archdeacons  must  judge  him,  so  that  he  gives  satisfaction 
 to  the  lord  the  kino;. 
 
 14.  The  goods  of  those  who  are  under  forfeit  of  the 
 king,  no  church  or  cemetery  is  to  detain  against  the  king's 
 justice,  because  they  belong  to  the  king  himself,  whether 
 they  be  found  inside  churches  or  outside. 
 
 15.  Pleas  of  debts  due  under  pledge  of  faith  or  without 
 pledge  of  faith  are  to  be  in  the  king's  justice. 
 
 16.  Sons  of  villeins  \rusticonti]i\  ought  not  to  be  ordained 
 without  the  assent  of  the  lord  on  whose  land  they  are 
 known  to  have  been  born. 
 
 Now   the   record   of  the   aforesaid    royal   customs   and 
 
XXI v]     HISTORY  OF  THE  ENGLISH  CHURCH  73 
 
 dignities  was  made  by  the  said  archbishops  and  bishops,      1164. 
 
 and  earls  and  barons,  and  the  nobles  and  elders  of  the  Conclu- 
 sion :  Date 
 realm,  at  Clarendon,  on  the  fourth  day  before  the  Purification  and  refer- 
 
 of  the  Blessed  Mary,  ever  Virgin,  the  lord  Henry  the  king's  ^"^*^ '° 
 
 son,  with  his  father  the  lord  the  king  being  present  there,  customs. 
 
 There  are  moreover  many  other  great  customs  and  dignities 
 
 of  holy  Mother  Church  and  the  lord  the  king  and  the 
 
 barons  of  the  realm,  which  are  not  contained  in  this  writing. 
 
 And  let  them  be  safe  for  holy  Church  and  the  lord  the  king 
 
 and  his  heirs  and  the  barons  of  the  realm,  and  be  inviolably 
 
 observed. 
 
 XXIV. 
 
 ANSWER  OF  INNOCENT  III  CONCERNING  THE 
 INTERDICT,  A.D.  1208. 
 
 The  following  document  is  a  reply  to  the  Bishops  of  London,  Ely,       1208. 
 and  Worcester,  as  to  the  observance  of  the  interdict.     It  is  printed 
 in  Wilkins,  i.  526. 
 
 [Tr.  Cotton  MS.,  Cleop.  E.  i.  147.] 
 
 Innocent  the  bishop  [episcopis],  &c.,  to  the  Bishops  of  Answers 
 London,  Ely,  and  Worcester,  greeting  and  apostolic  bless-  [°"':^^^' 
 ing.     We  reply  to  your  inquiries,  that  whereas  by  reason  of  i.  Baptis- 
 the  interdict  new  chrism  cannot  be  consecrated  on  Maundy  malchnsm. 
 Thursday,  old  must  be  used  in  the  baptism  of  infants,  and,  if 
 necessity  demand,  oil  must  be  mixed  by  hand  of  the  bishop 
 or  else  priest,  with  the  chrism,  that  it  fail  not.     And  although  ii.  The 
 the  viaticum  seem  to  be  meet  on  the  repentance  of  the 
 dying,  yet,  if  it  cannot  be  had,  we  who  read  it  believe  that 
 the  principle  holds  good  in  this  case,  '  believe  and  thou  hast 
 eaten,'  when  actual  need,  and  not  contempt  of  religion,  ex- 
 cludes the  sacrament,  and  the  actual  need  is  expected  soon  iii-  The 
 to  cease.     Let  neither  gospel  nor  church  hours  be  observed  services. 
 
74  DOCUMENTS  ILLUSTRATIVE  OF  THE    [xxiv 
 
 1208.  in  the  accustomed  place,  nor  any  other,  though  the  people 
 iv.  Pilgrim-  assemble  in  the  same.  Let  religious  men,  whose  monasteries 
 ages  to       people  have  been  wont  to  visit  for  the  sake  of  prayer,  admit 
 
 monas-         r-      i  l      j      i 
 
 teries.         pilgrims  inside  the  church  for  prayer,  not  by  the  greater 
 
 V.  Dedica-  door,  but  by  a  more  secret  place.     Let  church  doors  remain 
 
 icsUv  1       ^^^^  ^^^^  "^^  ^^^  chief  festival  of  the  church,  when  the 
 
 parishioners  and  others  may  be  admitted  for  prayer  into 
 
 vi.  Admin-  the  church  with  open  doors.     Let  baptism  be  celebrated  in 
 
 istration      ^j^^  usual  manner  with  old  chrism  and  oil  inside  the  church 
 
 oi  baptism. 
 
 with  shut  doors,  no  lay  person  being  admitted  save  the  god- 
 parents ;   and  if  need  demand,  new  oil  must   be   mixed. 
 
 vii.  Pen-     Penance  is  to  be  inflicted  as  well  on  the  whole  as  the  sick ; 
 
 ^"^^'    .    .  for  in  the  midst  of  life  we  are  in  death.     Those  who  have 
 
 vin.  Crimi-  .  ,  .  •  i  i  •        i      r 
 
 nals.  confessed  m  a  suit,  or  have  been  convicted  of  some  crime, 
 
 are  to  be  sent  to  the  bishop  or  his  penitentiary,  and,  if  need 
 ix.  Priests'  be,  are  to  be  forced  to  this  by  church  censure.  Priests  may 
 prayers,  g^y  their  own  hours  and  prayers  in  private.  Priests  may 
 X.  Sunday  on  Sunday  bless  water  in  the  churchyard  and  sprinkle  it  ; 
 lunctions.    ^^^  ^^^^  make  and  distribute  the  bread  when  blessed,  and 
 
 announce  feasts  and  fasts  and  preach  a  sermon  to  the 
 xi.  Church-  people.  A  woman  after  childbirth  may  come  to  church, 
 '"^'  and   perform   her   purification    outside  the   church   walls, 
 
 xii.  Visita-  Priests  shall  visit  the  sick,  and  hear  confessions,  and  let 
 ^*°k  °V^^  them  perform  the  commendation  of  souls  in  the  accustomed 
 
 manner,  but  they  shall  not  follow  the  corpses  of  the  dead, 
 xiii.  Good  because  they  will  not  have  church  burial.  Priests  shall,  on 
 Friday.        j^^^^  ^^^  ^^  ^.j-^^  passion,  place  the  cross  outside  the  church, 
 
 without  ceremony,  so  that   the  parishioners  may  adore  it 
 
 with  the  customary  devotion. 
 
xxv]    HISTORY  OF  THE  ENGLISH  CHURCH  75 
 
 XXV. 
 
 JOHN'S   SURRENDER    OF    THE   KINGDOM   TO 
 THE    POPE,  A.D.   1213. 
 
 This  took  place  at  Dover,  before  Pandulf,  the  legate,  May  15,  1213,       1213. 
 and  was  renewed  at  London,  before  Nicholas,  Bishop  of  Tusculum, 
 on  October  3,  when  the  homage  here  promised  was  rendered. 
 
 [Tr.  Cotton  MS.,  Nero  C.  2,     See  Stubbs,  5.  C.  284.] 
 
 John,   by  the  grace  of  God  king  of  England,  lord  of  The  king's 
 
 Ireland,  duke  of  Normandy  and  Aquitaine,  earl  of  Anjou,  fences  can 
 
 to  all  the  faithful  in  Christ  who  shall  inspect  this  present  only  be 
 
 charter,  greeting.   We  will  it  to  be  known  by  all  of  you  by  this  by  a^bsolute 
 
 our  charter,  confirmed  by  our  seal,  that  we,  having  offended  surrender 
 
 God  and  our  mother  the  holy  Church  in  many  things,  and 
 
 being  on  that  account  known  to  need  the  Divine  mercy,  and 
 
 unable  to  make  any  worthy  offering  for  "the  performance 
 
 of  due  satisfaction  to  God  and  the  Church,  unless  we  humble 
 
 ourselves  and  our  realms — we,  willing  to  humble  ourselves 
 
 for  Him  who  humbled  Himself  for  us  even  to  death,  by  the 
 
 inspiration  of  the  Holy  Spirit's  grace,  under  no  compulsion 
 
 of  force  or  of  fear,  but  of  our  good  and  free  will,  and  by 
 
 the  common  consent  of  our  barons,  offer  and  freely  grant 
 
 to  God  and  His  holy  apostles  Peter  and  Paul,  and  the  holy  of  England 
 
 Roman  Church,  our  mother,  and  to   our   lord  the  Pope  ^"^  ^^'^' 
 
 ^      land  to 
 Innocent  and  his  catholic  successors,  the  whole  realm  of  popelnno- 
 
 England   and   the  whole  realm  of  Ireland  with  all  their  cent, 
 
 rights  and  appurtenances,  for  the  remission  of  our  sins  and 
 
 those  of  all  our  race,  as  well  quick  as  dead  ;  and  from  now 
 
 receiving  back  and  holding  these,  as  a  feudal  dependant, 
 
 from  God  and  the  Roman  Church,  in  the  presence  of  the 
 
 prudent  man  Pandulf,  subdeacon  and  familiar  of  the  lord  receiving 
 
 the  pope,  do  and  swear  fealty  for  them  to  the  aforesaid  our  ^^  "feudal 
 
 lord  the  Pope  Innocent  and  his  catholic  successors  and  the  holding. 
 
76  DOCUMENTS  ILLUSTRATIVE   OF  THE     [xxv 
 
 1213.      Roman  Church,  according  to  the  form  written  below,  and 
 
 will  do  liege  homage  to  the  same  lord  the  Pope  in  his 
 
 presence  if  we  shall  be  able  to  be  present  before  him  ; 
 
 binding  our  successors  and  heirs  by  our  wife,  for  ever,  that 
 
 in  like  manner  to  the  supreme  pontiff  for  the  time  being, 
 
 and  to  the  Roman  Church,  they  should   pay  fealty  and 
 
 acknowledge  homage  without  contradiction.     Moreover,  in 
 
 proof  of  this  our  perpetual  obligation  and  grant,  we  will  and 
 
 and  paying  establish  that  from  the  proper  and  special  revenues  of  our 
 
 service  of    ^'^^hiis  aforesaid,  for  all  service  and  custom  that  we  should 
 
 looo marks  render  for  ourselves,  saving  in  all  respects  the  penny  of 
 
 I  OF  tn6 
 
 same-         blessed   Peter,    the   Roman   Church   receive    looo   marks 
 sterling  each  year,  to  wit  at  the  feast  of  St.  Michael  500 
 marks,  and  at  Easter  500  marks  ;  700  to  wit  for  the  realm 
 of  England,  and  300  for  the  realm  of  Ireland ;  saving  to  us 
 and  our  heirs,  our  rights,  liberties,  and  royalties.     All  which, 
 as  aforesaid,  we  willing  them  to  be  perpetually  ratified  and 
 confirmed,  bind  ourselves  and  our  successors  not  to  contra- 
 confirming  vene.     And  if  we  or  any  of  our  successors  shall  presume  to 
 petmry'of  attempt  this,  whoever  he  be,  unless  he  come  to  amendment 
 the  trans-    after  due  admonition,  let  him  forfeit  right  to  the  kingdom, 
 and  let  this  charter  of  obligation  and  grant  on  our  part 
 remain  in  force  for  ever. 
 
 The  Oath  of  Fealty, 
 
 Here  fol-        I,  John,  by  the  grace  of  God  king  of  England  and  lord  of 
 oTTh  of  ^     Ireland,  from  this  hour  forward  will  be  faithful  to  God  and 
 fealty  to     the  blessed  Peter  and  the  Roman  Church,  and  my  lord 
 and  h°^^     the  Pope  Innocent  and  his  successors  following  in  catholic 
 successors,  manner :  I  will  not  be  party  in  deed,  word,  consent,  or  coun- 
 sel, to  their  losing  life  or  limb  or  being  unjustly  imprisoned. 
 Their  damage,  if  I  am  aware  of  it,  I  will  prevent,  and  will 
 have  removed  if  I  can  ;  or  else,  as  soon  as  I  can,  I  will  signify 
 it,  or  will  tell  such  persons  as  I  shall  believe  will  tell  them 
 certainly.     Any  counsel  they  entrust  to  me,  immediately  or 
 
xxvi]     HISTORY  OF  THE  ENGLISH  CHURCH  77 
 
 by  their  messengers  or  their  letter,  I  will  keep  secret,  and  1213. 
 will  consciously  disclose  to  no  one  to  their  damage.  The 
 patrimony  of  blessed  Peter,  and  specially  the  realm  of  Eng- 
 land and  the  realm  of  Ireland,  I  will  aid  to  hold  and  defend 
 against  all  men  to  my  ability.  So  help  me  God  and  these 
 holy  gospels.  Witness  myself  at  the  house  of  the  Knights  of  with  the 
 the  Temple  near  Dover,  in  the  presence  of  the  lord  H.  Arch-  "^'^^s.  °f  • 
 
 ^  the  wit- 
 
 bishop  of  Dublin  ;  the  lord  J.  Bishop  of  Norwich  ;  G.  Fitz-  nesses. 
 Peter,  Earl  of  Essex,  our  justiciar;  W.  Earl  of  Salisbury, 
 our  brother ;  W.  Marshall,  Earl  of  Pembroke ;  R.  Count  of 
 Boulogne ;  W.  Earl  of  Warenne  ;  S.  Earl  of  Winchester ; 
 W.  Earl  of  Arundel ;  W.  Earl  of  Ferrers ;  W.  Brewer ; 
 Peter,  son  of  Herbert;  Warren,  son  of  Gerald,  The  15th 
 day  of  May  in  the  14th  year  of  our  reign. 
 
 XXVI. 
 
 JOHN'S  ECCLESIASTICAL  CHARTER,  a.  d.  1214. 
 
 The  interdict  was  relaxed,  June  29,  1214,  and  the  damages  of  the       1214. 
 Church  assessed.     The  following  charter  was  issued  in  November  in 
 order  to  detach  the  clergy,  as  it  would  seem,  from  the  barons.     It 
 was  reissued  in  January,  1215,  and  was  confirmed  by  the  Pope.    See 
 Stubbs,  5.  C.  p.  288. 
 
 [Tr,  Statutes  of  the  Realm,  Charters  of  Liberties,  p.  5.] 
 
 John,   by  the  grace  of  God   king  of  England,  lord  of  Agreement 
 Ireland,  duke  of  Normandy  and  Aquitaine,  earl  of  Anjou,  nf^Jf " 
 to  the  archbishops,  bishops,  earls,  barons,  knights,  bailiffs,  between 
 and  to  all  who  shall  see  or   hear  these  letters,  greeting,  bishops. 
 Since  by  the  grace  of  God,  of  the  mere  and  free  will  of 
 both  parties,  there  is  full  agreement  concerning  damages 
 and  losses  in  the  time  of  the  interdict,  between  us  and  our 
 venerable  fathers  Stephen,  archbishop  of  Canterbury,  primate 
 of  all  England,  and  cardinal  of  the  Holy  Roman  Church 
 
78 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE    [xxvi 
 
 1214. 
 
 the  king 
 concedes 
 the  free 
 election  of 
 cathedral 
 and  con- 
 ventual 
 prelates, 
 
 reserving 
 custody 
 of  vacant 
 royal 
 churches, 
 and  de- 
 manding 
 that  per- 
 mission be 
 sought, 
 
 both  to 
 elect  and 
 for  confir- 
 mation ; 
 
 and  Bishops  William  of  London,  Eustace  of  Ely,  Giles  of 
 Hereford,  Joscelin  of  Bath  and  Glastonbury,  and  Hugh  of 
 Lincoln — we  wish  not  only  to  make  satisfaction  to  them, 
 as  far  as  in  God  we  can,  but  also  to  make  sound  and 
 beneficial  provision  for  all  the  Church  of  England  for  ever ; 
 and  so  whatsoever  custom  has  been  hitherto  observed  in 
 the  English  Church,  in  our  own  times  and  those  of  our 
 predecessors,  and  whatsoever  right  we  have  claimed  for 
 ourselves  hitherto  in  the  elections  of  any  prelates,  we  have 
 at  their  own  petition,  for  the  health  of  our  soul  and  the 
 souls  of  our  predecessors  and  successors  kings  of  Eng- 
 land, freely  of  our  mere  and  spontaneous  will,  with  the 
 common  consent  of  our  barons,  granted  and  constituted, 
 and  by  this  our  present  charter  have  confirmed  :  that  hence- 
 forth in  all  and  singular  the  churches  and  monasteries, 
 cathedral  and  conventual,  of  all  our  kingdom  of  England, 
 the  elections  of  all  prelates  whatsoever,  greater  or  less^  be 
 free  for  ever,  saving  to  ourselves  and  our  heirs  the  custody 
 of  vacant  churches  and  monasteries  which  belong  to  us. 
 We  promise  also  that  we  will  neither  hinder  nor  suffer  nor 
 procure  to  be  hindered  by  our  ministers  that  in  all  and 
 singular  the  churches  and  monasteries  mentioned,  after  the 
 prelacies  are  vacant,  the  electors  should,  whenever  they  will, 
 freely  set  a  pastor  over  them,  yet  so  that  leave  to  elect  be 
 first  asked  of  us  and  our  heirs,  which  we  will  not  deny  nor 
 defer.  And  if  by  chance,  which  God  forbid,  we  should 
 deny  or  defer,  let  the  electors,  none  the  less,  proceed  to 
 make  canonical  election ;  and  likewise,  after  the  election  is 
 concluded,  let  our  assent  be  demanded,  which  in  like 
 manner  we  will  not  deny,  unless  w^e  put  forth  some  reason- 
 able excuse  and  lawfully  prove  it,  by  reason  of  which  we 
 should  not  consent.  Wherefore  we  will  and  firmly  forbid 
 that  when  churches  or  monasteries  are  vacant,  any  one  in 
 anything  proceed  or  presume  to  proceed  in  opposition  to 
 this  our  charter.     But  if  any  do  ever  at  any  time  proceed 
 
xxvii]    HISTORY  OF  THE  ENGLISH  CHURCH  79 
 
 in  opposition  to  it,  let  him  incur  the  curse  of  Ahnighty      12U. 
 God  and  our  own.     These  being  witnesses :  Peter,  bishop  ^^1  action 
 of  Winchester,  &c.  (here  follow  twelve  barons.)     Given  by  tj-ary  being 
 the  hand  of  Master  Richard  de  Marisco,  our  chancellor,  at  repro- 
 the  New  Temple  in  London,  on  the  21st  day  of  November 
 in  the  i6th  year  of  our  reign. 
 
 XXVII. 
 
 THE   CHURCH   CLAUSES   OF   MAGNA   CARTA, 
 
 A.  D.   1215. 
 
 [Tr.  Facsimile  given  in  the  Statutes  of  the  Realm,  of  a  contemporary       1215. 
 copy  in  the  custody  of  the  Dean  and  Chapter  of  Lincoln.    Cf.  Stubbs, 
 5.  C  296.] 
 
 John,  by  the   grace  of  God  king  of  England,  lord   of  Address 
 Ireland,  duke  of  Normandy  and  Aquitaine,  earl  of  Anjou,  ^""^  P"^""'. 
 to  his  archbishops,  bishops,  abbots,  earls,  barons,  justiciars,  charter, 
 foresters,  sheriffs,  reeves,  ministers,  and  all  bailiffs  and  liege 
 men,  greeting.     Know  ye  that  we  by  God's  inspiration  and 
 for  the  safety  of  our  soul  and  those  of  our  ancestors  and 
 heirs,  for  the  honour  of  God  and  the  exaltation  of  holy 
 Church  and  the  amending  of  our  realm,  by  the  advice  of  The  king's 
 our  venerable  fathers  Stephen,  archbishop  of  Canterbury,  ^^J^i'^^^^^ 
 primate  of  all  England,  and  cardinal  of  the  Holy  Roman  clerical 
 Church,  Henry,  archbishop  of  Dubhn,  William  of  London,  ^rawfno-\"t 
 Peter  of  Winchester,   Joscelin  of  Bath   and  Glastonbury,  up. 
 Hugh  of  Lincoln,  Walter  of  Worcester,  William  of  Coventry, 
 and  Benedict  of  Rochester,  of  Master  Pandulf,  subdeacon 
 and  familiar  of  the  lord  the  Pope,  of  Emeric  our  brother, 
 Master  of  the  Knights  of  the  Temple  in  England ;  and  of 
 the  noble  men,  William  Marshal  Earl  of  Pembroke,  William 
 Earl  of  Salisbury,  William  Earl  of  Warenne,  William  Earl  of 
 Arundel,  Alan  of  Galloway,  constable  of  Scotland,  Warren 
 son  of  Gerald,  Hubert  de  Burgh,  steward  of  Poitou,  Peter 
 
8o  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xxvii 
 
 1215.      FitzHerbert,  Hugh  Neville,  Matthew  FitzHerbert,  Thomas 
 
 Basset,  Alan  Basset,  Philip  de  Albiny,  Robert  de  Roppelay, 
 
 John    Marshal,    John    FitzHugh,    and   other    our    faithful 
 
 men  : — 
 
 The  liber-        I.  Have  in  the  first  place  granted  to  God,  and  confirmed 
 
 tics  of  the    i^y  |.|^^g  Q^^jj.  present  charter,  for  us  and  our  heirs  for  ever. 
 Church  of      -^  ' 
 
 England     that  the  Church  of  England  be  free,  and  have  her  rights 
 
 are  con-      intact,  and  her  liberties  uninjured  ;   and  so  we  will  it  to 
 firmed,  '  •"  ' 
 
 and  parti-   be  observed,  which  appears  from  the  fact  that  freedom  of 
 cularly       elections  which  is  considered  to  be  of  chief  moment  and  the 
 
 ireedom  oi 
 
 election      more  necessary  for  the  Church  of  England,  we  have  by  our 
 
 already       mere  and  spontaneous  will,  before   the  beafinnino:  of  the 
 granted,  ^  '  o  o 
 
 discord  between  us  and  our  barons,  granted  and  confirmed 
 
 by  our  charter,  and  have  had  it  confirmed  by  the  lord  the 
 
 Pope  Innocent  IH,  which  we  will  both  observe  and  will 
 
 as  also  the  that  it  be  observed  in  good  faith  by  our  heirs  for  ever.    We 
 
 general       j^^yg  ^Iso  granted  to  all  free  men  of  our  realm  for  us  and 
 
 liberties  of  ...  n    i       ti         •  •  i  i     i  i 
 
 all  free        our  heu's  for  ever,  all  the  liberties  mentioned  below,  to  nave 
 men  as       ^nd  to  hold  for  them  and  their  heirs  of  us  and  our  heirs. 
 
 stated  in 
 
 seque  .    ^-^^  2-62  refer  to  secular  matters.     See  Stubbs,  5.  C  pp.  297-305.] 
 
 Final  con-       63.  Wherefore  we  will   and   firmly  command   that   the 
 firmation     E^dish  Church  be  free,  and  that  the  men  in  our  realm 
 
 ofthe  '^  '  _  _ 
 
 liberties      have  and  hold  all  the  aforesaid  liberties,  rights,  and  grants, 
 
 aforesaid     ^^jj  ^j^^  -j^  peace,  freely  and  quietly,  fully  and  wholly,  to 
 
 themselves  and  their  heirs  of  us  and  our  heirs  in  all  things 
 
 and  places  for  ever,  as  is  aforesaid.     Moreover  an  oath  has 
 
 been  taken,  as  well  on  our  side  as  on  that  of  the  barons, 
 
 by  mutual   that  all  these  things  aforesaid  shall  be  observed  with  good 
 
 °^^^-  faith  and  without  evil  disposition.    The  aforesaid  and  many 
 
 Date  and    others  being  witness.     Given  by  our  hand  in  the  meadow 
 
 ^^^^'  which  is  called  Runnymede  between  Windsor  and  Staines, 
 
 on  the  fifteenth  day  of  June  in  the  seventeenth  year  of 
 
 our  reign. 
 
xxviii]    HISTORY  OF  THE  ENGLISH  CHURCH  8i 
 
 [In  chronological  sequence,  the  Acts  of  the  Council  of  London,  a.T).  1237, 
 should  here  follow.  On  account  of  their  great  length  they  are  omitted  from 
 these  pages,  but  will  be  found  in  Wilkins  [i.  pp.  649-656^  The  Canons 
 of  Ottobon,  A.D.  1268,  omitted  for  a  similar  reason,  will  be  found  in 
 Wilkins  (ii.  pp.  1-19).] 
 
 XXVIII. 
 
 THE  MORTMAIN  ACT  OF  1279. 
 
 7  Edward  I,  stat.  2. 
 
 The  following  Mortmain  Act  became  law  in  1279.     ^^  i^  the  first       1279. 
 Act  which  deals  with  property  given   to  ecclesiastical  persons.     It 
 received  addition  or  modification  on  various  subsequent  occasions,  the 
 most  important  being  the  Acts  of  1391  ;  7  &  8  William  III,  cap.  37  ; 
 9  George  II,  cap.  36;  and  5  George  IV,  cap.  103. 
 
 [Tr.  Statutes  of  the  Realm,  i.  51.] 
 
 The  king  to  his  Justices  of  the  Bench,  greeting.     Where  Lately  pro- 
 of late  it  was  provided,  that  religious  men  should  not  enter  ^eiiHous^ 
 into  the  fees  of  any  without  licence  and  will  of  the  chief  men  should 
 lords,  of  whom  those  fees  be  holden  immediately ;    and  i^^^s  with- 
 notwithstanding,  religious   m.en  have   entered  as  well  into  outlicence. 
 their  own  fees,  as  into  the  fees  of  other  men,  appropriating 
 and  buying  them,   and  sometimes  receiving  them   of  the 
 gift  of  others,  whereby  the  services  that  are  due  from  such  This  pro- 
 fees,  and  which  at  the  beginning  were  provided  for  defence  ^^^^^^^^ 
 of  the  realm,  are  wrongfully  withdrawn,  and  the  chief  lords 
 lose  their  escheats  of  the  same  : 
 
 We  thereupon,  to  the  profit  of  our  realm,  intending  to  Ordained 
 provide  convenient  remedy  by  the  advice  of  our  prelates,  ,^^j  ^j^^jj 
 earls,  barons,  and  other  our  subjects,  being  of  our  council,  be  alien- 
 have  provided,  established,  and  ordained,  that  no  person,  j^oj-tmain 
 religious  or  other,  whatsoever  he  be,  presume  to  buy  or  sell  upon  pain 
 any  lands  or  tenements,  or  to  receive  them  under  the  feij-m-e. 
 colour  of  gift  or  lease,  or  any  other    title,  whatsoever  it 
 
 G 
 
82  DOCUMENTS  ILLUSTRATIVE  OF  THE  [xxviii 
 
 1279.      be,  or  by  any  other  craft  or  device  appropriate  them  to 
 
 himself,  under  pain  of  forfeiture  of  the  same,  whereby  such 
 
 lands  or  tenements  may  in  any  wise  come  into  mortmain. 
 
 Penalty  for      We  have  provided  also,  that  if  any  person,  religious  or 
 
 evasion  of  other,  do  presume  either  by  craft  or  device  to  offend  against 
 
 entry  by  an  .,,,,,       r  ,  ■>        ^  i  •    r  i      j 
 
 immediate  this  Statute,  it  shall  be  lawful  to  us  and  other  chiet  lords 
 
 chief  lord    ^f  ^j^g  fgg  immediate,  to  enter  into  the  land  so  alienated, 
 on  land  so  .  .  lu- 
 
 alienated,    within  a  year  from  the  tmie  of  the  alienation,  and  to  hold  it 
 
 in  fee  and  inheritance. 
 
 Who  shall       And  if  the  chief  lord  immediate  be  negligent,  and  will 
 
 hT'^^fitof    "*-*^  enter  into  such  fee  within  the  year,  then  it  shall  be 
 
 the  forfei-  lawful  to  the  next  chief  lord  immediate  of  the  same  fee 
 
 tureifheis  ^^  gnter  into  the  same  land  within  half  a  year  next  follow- 
 neghgent.  •' 
 
 ing,   and   to    hold   it   as  is  aforesaid ;   and  so  every  lord 
 
 immediate  may  enter  into  such  land,  if  the  next  lord  be 
 
 negligent  in  entering  into  the  same  fee,  as  is  aforesaid. 
 
 In  ultimate      And  if  all  the  chief  lords  of  such  fees,  being  of  full  age, 
 
 default  the  ^j|-j^jj^  ^j^g  fo^r  seas,  and  not  imprisoned,  be  negligent  or 
 Crown.  '  jT  7  o   o 
 
 slack  in  this  behalf  for  one  year,  we,  immediately  after  the 
 
 year  accomplished,    from   the   time    that   such    purchases, 
 gifts,  or  appropriations  happen  to  be  made,  shall  take  such 
 lands  and  tenements  into  our  hand,  and  shall  infeoff  others 
 therein  by  certain  services  to  be  done  to  us  for  the  defence 
 of  our  realm  ;    saving  to  the  chief  lords  of  the  same  fees 
 their  wards  and  escheats,  and  other  services  therefor  due 
 and  accustomed. 
 Proclama-        And  therefore  we  command  you,  that  you  cause  the  afore- 
 tion  of  the  g^j^j  statute  to  be  read  before  you,  and  from  henceforth 
 ordered,      to  be  kept  firmly  and  observed.     Witness  the  king  at  West- 
 minster, the  15th  day  of  November,  the  7th  year  of  his 
 reign. 
 
xxix]  HISTORY  OF  THE  ENGLISH  CHURCH  83 
 
 XXIX. 
 
 THE  WRIT  'CIRCUMSPECTE  AGATIS,'  a.d.  1285. 
 
 The  authorities  for  this  writ  are  a  Cotton  and  two  Harleian  MSS.,  1285, 
 Cott.  Claud.  D.  ii.  f.  249^,  Harl.  395  and  667.  The  Cotton  MS.  is 
 endorsed  Exaniinatur  per  rotitlitm.  All  three  differ  in  points  of  detail. 
 The  following  translation  is  made  from  the  collated  texts  as  printed 
 in  the  Statutes  of  the  Realm,  i.  loi,  with  some  use  of  the  various 
 readings  there  given. 
 
 [Tr,  Statutes  of  the  Realm,  i.  loi.] 
 
 The  king  to  such  and  such  judges,  greeting.     See  that  The  king's 
 ye  act  circumspectly  in  the  matter  touching  the   Bishop  s^oulV^'"^ 
 of  Norwich  and  his  clergy,  in  not  punishing  them  if  they  affect 
 shall  hold  pleas  in  the  Court  Christian  concerning  those  g^jj-^j"^  j 
 things  which  are  merely  spiritual,  to  wit : — concerning  cor-  matters, 
 rections  which  prelates   inflict  for  deadly  sin,   to  wit,  for 
 fornication,  adultery,  and  such  like,  for  which,  sometimes 
 corporal  punishment  is  inflicted,  and  sometimes  pecuniary, 
 especially  if  a  freeman  be  convicted  of  such  things. 
 
 The  foregoing  is  the  writ,  and,  apparently,  a  distinct 
 document  from  what  folloivs,  which  is  a  series  of  questions 
 submitted  to  the  king,  with  his  answers  thereto. 
 
 Also  if  a   prelate   impose  a  penalty  for   not   enclosing  Query— as 
 a  churchyard,   leaving   the    church    uncovered   or  without  ^^^  ^^^  ^^ 
 proper  ornament,  in  which  cases  no  other  than  a  pecuniary  church- 
 fine  can  be  inflicted.  "^^^  ^ ' 
 
 Also  if  a  rector  demand  the  greater  or  the  lesser  tithe,  ^^  to 
 •  -111/-1  r  ,11  1  jj        tithes  and 
 
 provided  the  fourth  part  of  any  church  be  not  aemanded.      offerings ; 
 
 Also  if  a  rector  demand  a   mortuary  in  places  where  as  to  mor- 
 
 a  mortuary  has  been  usually  given.  ' 
 
 Also  if  a  prelate  of  any  church  demand  a  pension  from  ^^  *°  P^"' 
 i^  J  ^  sions; 
 
 the  rector  as  due  to  him  :— all  such  demands  are  to  be 
 made  in  the  ecclesiastical  court. 
 
 G  2 
 
84  DOCUMENTS  ILLUSTRATIVE  OF  THE  [xxix 
 
 1285.  Concerning  laying  violent  hands  on  a  clerk,  and  in  case  of 
 
 as  to  defamation,  it  has  been  granted  formerly  that  pleas  thereof 
 
 violence  to  °  ■^  ^ 
 
 a  clerk,       niay  be  held  in  the  Court  Christian,  provided  money  be  not 
 defama-       demanded  ;  but  proceedings  may  be  taken  for  correction  of 
 
 tion,  and  ^  c  o  j 
 
 breach  of  the  sin;  and  likewise  for  breach  of  faith.     In  all  these  cases 
 
 faith.  |-}^g  ecclesiastical  judge  has  to  take  cognizance,  the  king's 
 
 cases  COO--  Prohibition  notwithstanding,  although  it  be  put  forward, 
 
 nizable  in  Wherefore  laymen  generally  obtain  a  prohibition  for  tithes, 
 
 siastlcal^"  oblations,    mortuaries,    redemptions    of    penances,    laying 
 
 court,  and  violent  hands  on  a  clerk  or  a  lay-brother,  and  in  case  of 
 
 prohibition  defamation,  in  which  cases  proceedings  are  taken  to  exact 
 
 legal  ?  canonical  punishment. 
 
 The  king's  The  lord  the  king  made  answer  to  these  articles,  that 
 No^^o  ^"  tithes,  obventions,  oblations,  and  mortuaries,  when  pro- 
 hibition in  ceedings  are  taken,  as  is  aforesaid,  there  is  no  place  for 
 t^h^^  °&  prohibition.  And  if  a  clerk  or  religious  person  shall  sell 
 save  in  ^^^  money  to  any  one  his  tithes  stored  in  the  barn,  or  being 
 special  elsewhere,  and  be  impleaded  in  the  Court  Christian,  the 
 royal  prohibition  has  place,  for  by  reason  of  sales,  spiritual 
 things  are  temporal,  and  then  tithes  pass  into  chattels. 
 Prohibi-  Also  if  dispute  arise  concerning  the  right  of  tithes,  having 
 
 tion  hes  in  -^.g  Qj-jgin  fn  the  right  of  patronage,   and  the   quantity  of 
 
 C3SCS  OI 
 
 right  to       these  tithes  exceeds   the  fourth   part  of  the  church,   the 
 
 tithe  in       king's  prohibition  has  place. 
 
 respect  of  °      '^  ^ 
 
 patronage        Also  if  a  prelate  impose  pecuniary  penalty  on  any  one 
 
 and  pecu-    for  sin,  and  demand   the   money,   the   king's   prohibition 
 
 ^^^^y  has  place,  if  the  money  is  exacted  before  prelates. 
 
 penance,  r         >  j  f 
 
 but  not  in        Also  if  any  one  shall  lay  violent  hands  on  a  clerk,  amends 
 
 cases  of      must  be  made  for  a  breach  of  the  peace  of  the  lord  the 
 
 a  clerk^      ^^^gj  before  the  king,  and  for  excommunication  before  the 
 
 bishop ;    and   if    corporal   penalty   be   imposed    which,    if 
 
 the  defendant  will,   he  may  redeem  by  giving  money  to 
 
 the  prelate  or  person  injured,  neither  in  such  cases  is  there 
 
 place  for  prohibition. 
 
xxx]    HISTORY  OF  THE  ENGLISH  CHURCH  85 
 
 In  defamations  of  freemen  let  the  prelates  correct,  the      1285. 
 
 king's  prohibition  notwithstanding,  although  it  be  tendered.  ^^'  '^^  de- 
 famation. 
 
 XXX. 
 
 ECCLESIASTICAL   SUMMONS  TO  PARLIAMENT, 
 
 A.D.    1295. 
 
 These,  and  other  similar  summonses,  are  translated  from  the  Report       1295 
 on  the  Dignity  of  a  Peer,  App,  I.  pp.  64  67.    See  Stubbs,  5.  C.  p.  484. 
 
 (1)  Su7Timons  of  the  Archbishop  to  a  great  Council. 
 
 Edward,  &c.,  to  the  venerable  Father  in  Christ,  Robert,  Weighty 
 by  the  same  grace  archbishop  of  Canterbury,  primate  of  ^"^'"^^ 
 all  England,  greeting.     Whereas,  by  reason  of  certain  diffi-  dispatch, 
 cult  affairs  concerning  us  and  our  kingdom,  and  you  and 
 the  other  prelates  of  the  same  kingdom,  which  we  do  not 
 desire  should  be  dispatched  without  your  and  their  presence, 
 we  wish  to  hold  our  Parliament  and  to  hold  conference  do  you  be 
 and  discussion  with  you  on  these  matters ;  we  command  ^^^ParHaf 
 you,  enjoining  you  strictly  by  the  faith  and  love  whereby  ment  to  be 
 you  are  bound  to  us,  that  you  be  with  us  at  Westminster  ^^ 
 on  the  first  day  of  August  next  to  come,  or  at  all  events 
 within  the  third  day  following  at  the  latest,  to  discuss  with 
 us  concerning  the  said  matters,  and  to  give  your  advice. 
 And  this  you  shall  in  no  wise  omit.     Witness  ourself  at  the 
 White  Monastery,  the  23rd  day  of  June. 
 
 [Similar  letters  are  directed  to  the  Archbishop  of  York,  the  other 
 bishops,  and  various  ecclesiastical  persons,  heads  of  religious  houses. 
 These  of  course  are  in  addition  to  similar  letters  to  the  earls,  barons, 
 and  judges.] 
 
 (2)  Summons  of  the  Archbishop  and  Clergy  to 
 Parliament. 
 The  king  to  the  venerable  Father  in  Christ,  Robert,  by  Common 
 
 °  .  :    danger 
 
 the  same  grace  archbishop  of  Canterbury,  primate  of  all  requires 
 England,  greeting.     As  law  most  righteous,  established  by  ^°[J^jJ^°j^ 
 
86  DOCUMENTS  ILLUSTRATIVE  OF  THE  [xxx 
 
 1295.      the  prudent  foresight  of  holy  princes,  enjoins  and  ordains 
 
 that  what  affects  all  should  be  approved  by  all,  it  is  in  such 
 
 wise,  as  is  most  clear,  that  common  dangers  may  be  met 
 
 and  you      by  remedies  taken  in  common.     You  are  doubtless  well 
 
 ^^^"^     .     aware,  and  it  is  now,  we  believe,  spread  abroad  through 
 aware  of  '  '  . 
 
 the  nefari-  all  the  countries  of  the  world,  how  that  the  King  of  France 
 ousdesigns  j^^^  treacherously  and  surreptitiously  deceived  us  in  regard 
 to  our  land  of  Gascony  by  wickedly  withholding  it  from  us. 
 And  now,  not  content  with  the  treachery  and  wickedness 
 aforesaid,  he  has,  in  order  to  attack  our  realm,  collected 
 a  very  large  fleet  and  a  numerous  retinue  of  soldiers,  with 
 whom  he  has  already  invaded  our  kingdom  and  the  in- 
 habitants of  the  same,  and  proposes  to  blot  out  entirely 
 from  the  earth  the  English  tongue,  if  his  power  correspond 
 to  the  abominable  design  of  the  sin   he  has   conceived, 
 are  to  re-    which  God  avert ;   because  weapons  foreseen  do  the  less 
 prop^^re-   injure,  and  your  interest,  as  that  of  all  other  your  fellow- 
 presenta-     citizens  in  the  realm,  is  at  stake  herein,  we  command  you 
 
 clertv  to  ^  ^y  ^^^  ^^^^^  ^^^  ^^^^  whereby  you  are  bound  to  us,  firmly 
 
 Westmin-    enjoining,   that   on   the    Sunday   next    after   the    Feast  of 
 
 ^  ^^'  St.  Martin  in  the  winter  next  to  come,  you  be  present  in 
 
 person  at  Westminster,  forewarning  \^pr(E77iu?iientes\  the  prior 
 
 and  chapter  of  your  church,  the  archdeacons,  and  all  the 
 
 clergy  of  your  diocese,  causing  that  these  same  prior  and 
 
 archdeacons,  in  their  own  persons,  and  the  said  chapter  by 
 
 one,  and  the  same  clergy  by  two  fit  proctors,  having  full  and 
 
 sufficient  authority  from  the  chapter  and  clergy  themselves, 
 
 be  present  with  you,  by  all  means,  then  and  there  to  discuss, 
 
 in  order  to  ordain,  and  do  with  us  and  the  other  prelates  and  nobles 
 
 discuss        ^ccl^l  other  inhabitants  of  our  realm,  in  what  manner  we  are 
 
 these 
 
 matters.       to  meet  such  perils  and  evils  devised.     Witness  the  king 
 
 at  Wengham,  the  30th  day  of  September. 
 
 [Similar  letters  are  directed  nmtatis  mutandis  to  the  Archbishop  of 
 York  and  the  bishops  ;  also,  omitting  the  clause  forewarning,  &c.,  to 
 sixty-seven  abbots  and  others.] 
 
xxxi]  HISTORY  OF  THE  ENGLISH  CHURCH  87 
 
 XXXI. 
 
 THE    CLERICIS   LAICOS    BULL,  a.d.  1296. 
 
 The  following  Bull  was  issued  by  Pope  Boniface  VIII  in  1296,  and  1296. 
 published,  so  far  as  concerned  England,  by  Archbishop  Winchelsey, 
 in  January,  1297.  Its  object  was  to  stop  the  carrying  on  of  wars 
 so  largely  at  the  expense  of  the  clergy.  As  a  consequence  of  it,  the 
 clerg}',  in  1297,  refused  to  grant  an  aid  to  Edward  I,  who  thereupon 
 outlawed  them,  and  seized  the  temporalities  of  the  see  of  Canterbury. 
 Eventually  a  compromise  was  made.  Archbishop  Winchelsey  promis- 
 ing to  obtain  money  from  the  clergy  if  the  king  would  confirm  the 
 charters  of  liberties,  whilst  the  pope  declared  that  his  prohibition  did 
 not  affect  voluntary  grants. 
 
 [Tr.  Fcedera,  i.  p.  836.] 
 
 Boniface  Bishop,  servant  of  the  servants  of  God,  for  the  Lay  people 
 
 perpetual  memory  of  the  matter.     That  laymen  have  been  ^^^ing  de- 
 
 very  hostile  to  clerks  antiquity  relates,  which  too  the  expe-  taxes,  &c., 
 
 riences  of  the  present  times  manifestly  declare,  whilst  not   .  "^.  ^^^^^' 
 ^  \  siastical 
 
 content  with  their  own  bounds  they  strive  for  the  forbidden  persons, 
 and  loose  the  reins  for  things  unlawful.     Nor  do  they  pru- 
 dently consider  how  power   over   clerks    or   ecclesiastical 
 persons  or  goods  is  forbidden  them  :    they  impose  heavy 
 burdens  on  the  prelates  of  the  churches  and  ecclesiastical 
 persons  regular  and  secular,  and  tax  them,  and  impose  col- 
 lections :  they  exact  and  demand  from  the  same  the  half, 
 tithe,  or  twentieth,  or  any  other  portion  or  proportion  of 
 their  revenues  or  goods ;  and  in  many  ways  they  essay  to 
 bring  them  under  slavery,  and  subject  them  to  their  autho- 
 rity.    And,  as  we  sadly  relate,  some  prelates  of  the  churches  and  their 
 and  ecclesiastical  persons,  alarmed  where  there  should  be  j^^J^^"  ^ 
 no  alarm,  seeking  transient  peace,  fearing  more  to  offend  been  often 
 the  temporal  majesty  than  the  eternal,  acquiesce  in  such  ^j^^^^j^ 
 abuses,  not  so  much  rashly  as  improvidently,  authority  or  fear, 
 Hcence  of  the  Apostolic  See   not   having  been  obtained. 
 We  therefore  desirous  of  preventing  such  wicked  actions, 
 do,  with  apostolic  authority  decree,  with  the  advice  of  our 
 
88  DOCUMENTS  ILLUSTRATIVE  OF  THE    [xxxi 
 
 1296.       brethren,  that  whatsoever  prelates  and  ecclesiastical  persons, 
 any  eccle-   religious   or   secular,    of  whatsoever    orders,    condition  or 
 
 S13.StlCS 
 
 who  shall    standing,  shall  pay  or  promise  or  agree  to  pay  to  lay  per- 
 
 hereafter     g^j^g  collections  or  taxes  for  the  tithe,   twentieth,  or  hun- 
 
 pay  or 
 
 allow  such  dredth  of  their  own  rents,  or  goods,  or  those  of  the  churches, 
 
 demands,  ^^^  ^^y  other  portion,  proportion,  or  quantity  of  the  same 
 rents,  or  goods,  at  their  own  estimate  or  value,  under  the 
 name  of  aid,  loan,  relief,  subsidy,  or  gift,  or  by  any  other 
 title,  manner,  or  pretext  demanded,  without  the  authority  of 
 the  same  see. 
 
 and  any  And  also  whatsoever  emperors,  kings,  or  princes,  dukes, 
 
 people  of    earls,   or  barons,   powers,   captains,  or  officials,  or  rectors, 
 position        ,         '  '    ^  /  -       -      .  .  , 
 
 who  exact  by  whatsoever  names  they  are  reputed,  of   cities,  castles, 
 
 the  same,    q^  ^ny  places  whatsoever,  wheresoever  situate,  and  all  others 
 
 whatever 
 
 rank  they    of  whatsoever  rank,  pre-eminence  or  state,  who  shall  impose, 
 
 hold,  exact,  or  receive  the  things  aforesaid,  or  arrest,  seize,  or 
 
 presume   to   occupy    things   anywhere    deposited   in   holy 
 
 buildings,  or  to  command  them  to  be  arrested,  seized,  or 
 
 and  any      occupied,  or  receive  them  when  occupied,  seized,  or  arrested, 
 
 who  aid  or  ^nd  also  all  who  knowingly  give  aid,  counsel,  or  favour, 
 
 lavoursuch  i         •         i  i  •  r  •  i     i_        i  • 
 
 demands     Openly  or  secretly,   in   the  things  aforesaid,  by  this  same 
 
 are  all  should  incur  sentence  of  excommunication.     Universities, 
 
 hcrcbv  Gx- 
 
 too,  which  may  have  been  to  blame  in  these  matters,  we 
 
 communi- 
 
 cated, subject  to  ecclesiastical  interdict. 
 
 All  acqui-        The  prelates  and  ecclesiastical  persons  above  mentioned 
 
 ^he^^art  of  ^'^   Strictly  command,   in  virtue  of  their   obedience,    and 
 
 ecclesias-    under  pain  of  deposition,  that  they  in  no  wise  acquiesce  in 
 
 tics  will  in-  ^^^1^  things  without  express  licence  of  the  said  see,  and 
 volve  ex-  C5  £-  ' 
 
 communi-  that  they  pay  nothing  under  pretext  of  any  obligation,  pro- 
 cation,  mise,  and  acknowledgment  whatsoever,  made  so  far,  or  in 
 progress  heretofore,  and  before  such  constitution,  prohibi- 
 tion, or  order  come  to  their  notice,  and  that  the  seculars 
 aforesaid  do  not  in  anv  wise  receive  it,  and  if  they  do  pay, 
 or  the  aforesaid  receive,  let  them  fall  under  sentence  of 
 .  excommunication  by  the  very  deed. 
 
xxxii]  HISTORY  OF  THE  ENGLISH  CHURCH  89 
 
 Moreover,   let  no  one  be  absolved  from   the  aforesaid      1296. 
 sentences  of  excommunications  and  interdict,   save  at  the  ^^^^  sen- 
 
 tcriCG  IS 
 
 moment  of  death,  without  authority  and  special  licence  of  not  to  be 
 the  Apostolic  See,  inasmuch  as  it  is  part  of  our  intention  that  mitigated 
 such  a  terrible  abuse  of  secular  powers  should  not  in  any-  death  or  by 
 wise  pass  under   dissimulation,   any  privileges  whatsoever  special  li- 
 
 ccncc  thflt 
 
 notwithstanding,  in  whatsoever  tenors,  forms  or  modes,  or  the  abuse 
 arrangement  of  words,  conceded  to  emperors,  kings  and  the  """^y  ^^ 
 others  aforesaid ;  against  which  premises  aforesaid  we  will      ^^^ 
 that  aid  be  given  by  no  one,  and  by  no  persons  in  any 
 respect. 
 
 Let  it  then  be  lawful  to  none  at  all  to  infringe  this  page  No  one  is 
 of  our  constitution,  prohibition,  or  order,  or  to  gainsay  it  by  Jo/"i""&e 
 any  rash  attempt ;  and  if  any  one  presume  to  attempt  this,  stitution. 
 let  him  know  that  he  will  incur  the  indignation  of  Almighty 
 God,  and  of  his  blessed  apostles  Peter  and  Paul. 
 
 Given  at  Rome  in  St.  Peter's  on  the  24th  of  February  in 
 the  second  year  of  our  Pontificate. 
 
 XXXII. 
 
 TPIE   BARONS'    LETTER   TO   THE    POPE   FROM 
 LINCOLN,  A.D.   1301. 
 
 Pope  Boniface  VIII,  in  a  Bull  dated  June  27,  1299,  claimed  Scot-       1301. 
 land  as  a  fief  of  Rome,  forbidding  Edward  to  molest  the  Scots.     The 
 king  acknowledged  its  receipt,  and  reaffirmed  the  principle  that  such 
 a  demand  must  be  laid  before  Parliament.    This  was  done  at  Lincoln, 
 in  1301,  and  the  barons  drew  up  the  following  reply  to  the  pope. 
 
 [Tr.    Original   at   Public    Record    Office,   in    the   Chapter   House 
 Records.] 
 
 To  the  most  holy  father  in  Christ,  the  lord  Boniface,  by  T'^^ 
 
 •'  ^    Roman 
 
 Divine   Providence  supreme  pontiff  of  the   Holy   Roman  church 
 Church,  his  devout  sons  [then  follow  the  names  of  104  earls  "^"^''^  ^, 
 
 ^  acts  for  the 
 
 and  barons]  devoutly  kiss  his  blessed  feet.    The  holy  Roman  best  in- 
 
90  DOCUMENTS  ILLUSTRATIVE  OF  THE  [xxxii 
 
 1301.      mother  Church,   by  whose  ministry  the   CathoHc  faith  is 
 
 terests  of    governed,  proceeds  in  her  acts,  as  we  firmly  beheve  and 
 
 '   hold,  with  such  mature  deliberation  that  she  can  prejudice 
 
 none,  but  only,  like  a  tender  mother,  preserve  unharmed  the 
 
 rights  of  individuals,  no  less  in  others  than  in  herself.    Now 
 
 but  the       a  general  Parliament  having  been  summoned  by  our  most 
 
 popes        serene  lord  Edward,  by  the  grace  of  God  the  illustrious 
 
 letter  now  »      y  o 
 
 read  causes  king  of  England,  at  Lincoln  ;  our  same  lord  caused  certain 
 surprise  by  ig^tej-s  apostolic,  which  he  had  received,  written  on  your 
 mands  con-  behalf,  upon  certain  matters  touching  the  condition  and 
 
 cerning  estate  of  the  kingdom  of  Scotland,  to  be  published  and 
 Scotland,  °  ^ 
 
 gravely  expounded  to  us  ;  which  being  heard  and  diligently 
 
 considered,   we   have   heard  matters  therein  contained  as 
 
 well  astonishing  to  our  feelings  as  before  unheard  of.     For 
 
 we  know,  most  holy  father,  and  it  is  notorious  in  the  parts 
 
 of  England,  and  not  unknown  in  some  others,  that,  from 
 
 which        the  first  foundation  of  the  realm  of  England,  the  kings  of 
 
 ^^^^^j  .u    that  realm,  as  well  in  the  times  of  the  Britons,  as  of  the 
 
 owned  the  '  ' 
 
 suzerainty  English  [^Anglorum]  have  had  the  superior  and  direct  over- 
 of  Rome,    iQi-^ship  of  the  realm  of  Scotland,  and  have  been,  at  succes- 
 
 but  only  oi  ^  '  ' 
 
 England,     sive  times,  in  possession  even  as  it  were  of  the  suzerainty 
 and  direct  lordship  of  the  said  realm  of  Scotland.     Neither 
 at  any  times  did  the  said  realm,  in  its  temporalities,  pertain, 
 nor  does  it  pertain  by  any  manner  of  right,  to  the  Church 
 abovesaid.     Yea,  more,  the  said  realm  of  Scotland  [per- 
 tained] to  the  progenitors  of  our  aforesaid  lord,  kings  of 
 England,  and  was  their  fief  of  old  time.     Neither  also  were 
 the  kings  of  the  Scots,  and  the  realm,  subordinate  nor  wont 
 to  be  subject  to  others,  but  to  the  kings  of  England. 
 Nordidthe      Neither   did   the   kings  of  England  answer,   nor  ought 
 English       ti^ey  t;o  answer,   concerning   their  rights   in  the  aforesaid 
 cognize       kingdom,    or  other  their   temporalities,   before  any  judge, 
 
 foreign  ecclcsiastical  or  secular,  by  reason  of  the  free  pre-eminence  of 
 the  estate  of  their  royal  dignity  and  custom,  unbrokenly  pre- 
 served at  all  times.     Wherefore,  having  held  discourse,  and 
 
xxxii]  HISTORY  OF  THE  ENGLISH  CHURCH  91 
 
 diligent  deliberation  being  had  concerning  the  things  in  your      1301. 
 said  letters  contained,  the  common  consenting  and  unani-  Hence  the 
 mous  agreement  of  all  and  singular  has  been,  is,  and  for  the  j.^f"^  d  ^^ 
 future,  God  willing,  will  be  steadfastly  observed  : — that  our  both  now 
 aforesaid  lord  the  king,   for  the  rights  of  his  kingdom  of  futu/e  ^  *^^^^ 
 Scotland  or  other  his  temporalities,  shall  in  no  wise  answer 
 judicially  before  you,  nor  undergo  judgment  in  any  matter 
 whatsoever,  nor  bring  into  doubtful  questioning  his  rights 
 aforesaid.     Neither  shall  he  send  into  your  presence  proc- 
 tors or  nuncios  for  that  purpose,  especially  where  the  pre- 
 mises should  manifestly  tend  to  the  disherison  of  the  right 
 of  the  crown  of  the  kingdom  of  England,  and  of  the  royal 
 dignity,  and  the  notorious  subversion  of  the  estate  of  the 
 same  kingdom,  and  also  to  the  prejudice  of  liberties,  cus- 
 toms,  and  paternal  laws,  to  the  observance  and  defence 
 whereof  we  are  bound  by  the  due  performance  of  our  oath 
 taken,  and  which  we  will  maintain  with  all  our  power  and 
 will  defend  with  all  our  strength,  by  God's  help. 
 
 Neither  do  we  permit,  nor  in  any  way  will  we  permit,  as  and  re- 
 we  neither  can  nor  ought,  that  our  aforementioned  lord  the  ^^^^  j-^j. 
 king,  even  if  he  should  wish  it,  should  do,  or  in  any  wise  the  peace- 
 attempt  the  premises  so  unusual,  undutiful,  prejudicial,  and  ^^^^  of  the 
 otherwise  unheard  of.    Wherefore  we  reverently  and  humbly  rights  in- 
 implore  your  holiness  benignly  to  permit  the  same  our  lord  ^^  ^  * 
 the  king  (who  among  other  princes  of  the  whole  world 
 proves   himself  Catholic   and   devoted  to  the  Church  of 
 Rome)  peacefully  to  possess  his  rights,  liberties,  customs, 
 and  laws,  without  diminution  or  inquietude,  and  that  he 
 may  take  the  same  unimpaired. 
 
 In  witness  whereof  we  have  put  our  seals  to  these  pre- 
 sents, as  well  for  ourselves  as  for  the  whole  commonalty  of 
 the  said  kingdom  of  England. 
 
 Given  at  Lincoln,  12  February,  a.d.  1301. 
 
92 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE   [xxxiii 
 
 1307. 
 
 Complaint 
 to  the  king 
 by  the 
 nobles, &c., 
 of  the 
 realm,  of 
 abuses  in 
 the  religi- 
 ous houses. 
 
 Why 
 
 religious 
 
 houses 
 
 were 
 
 founded. 
 
 Imposi- 
 tions set 
 by  the 
 heads  of 
 certain 
 religious 
 orders 
 abroad 
 upon 
 English, 
 Irish, 
 Scottish, 
 andWelsh 
 monas- 
 teries of 
 
 XXXIII. 
 
 THE   STATUTE   OF   CARLISLE,  a.  d.   1307. 
 35  Edward  I,  stat.   1. 
 
 This  Act,  directed  against  the  abuses  of  papal  patronage,  was 
 passed  at  the  Parliament  held  at  Carlisle  in  1307,  hence  the  name  b3'^ 
 which  it  is  generally  known. 
 
 [Tr.  Statutes  of  the  Realm,  i.  150.] 
 
 Of  late  it  came  to  the  knowledge  of  our  lord  the  king, 
 by  the  grievous  complaint  of  the  honourable  persons,  lords, 
 and  other  noblemen  of  his  realm,  that  whereas  monas- 
 teries, priories  and  other  religious  houses  were  founded  to 
 the  honour  and  glory  of  God,  and  the  advancement  of  the 
 holy  Church,  by  the  king  and  his  progenitors,  and  by  the 
 said  noblemen  and  their  ancestors,  and  a  very  great  portion 
 of  lands  and  tenements  have  been  given  by  them  to  the  said 
 monasteries,  priories,  and  houses,  and  the  religious  men 
 serving  God  in  them,  to  the  intent  that  clerks  and  laymen 
 might  be  admitted  in  such  monasteries,  priories,  and  reli- 
 gious houses,  according  to  their  sufficient  ability,  and  that 
 sick  and  feeble  men  might  be  maintained,  hospitality,  alms- 
 giving, and  other  charitable  deeds  might  be  done,  and  that 
 in  them  prayers  might  be  said  for  the  souls  of  the  said 
 founders  and  their  heirs  : 
 
 The  abbots,  priors,  and  governors  of  the  said  houses, 
 and  certain  aliens  their  superiors,  as  the  abbots  and  priors 
 Cluniac,  Cistercian,  Premonstratensian,  and  of  the  order 
 of  St.  Augustine  and  St.  Benedict,  and  many  more  of  other 
 religion  and  order,  have  at  their  own  pleasures  set  divers 
 unwonted,  heavy,  and  intolerable  tallages,  payments,  and 
 impositions  upon  every  of  the  said  monasteries  and  houses 
 in  subjection  unto  them  in  England,  Ireland,  Scotland  and 
 Wales,  without  the  privity  of  our  lord  the  king  and  his 
 nobility,  contrary  to  the  laws  and  customs  of  the  realm. 
 
xxxiii]   HISTORY  OF  THE  ENGLISH  CHURCH  93 
 
 And  thereby  the  number  of  religious  persons,  and  other      1307. 
 servants   in    the    said    houses    and    rehgious    places,    are  their 
 oppressed  by  such  tallages,  payments,  and  impositions,  the  °rarv^lo*^" 
 service  of   God  is  diminished,  alms  are  not  given  to  the  law. 
 poor,  the  sick  and  feeble,  the  healths  of  the  living  and  the  Loss  to 
 
 rclisfion 
 
 souls  of  the  dead  are  miserably  defrauded,  and  hospitality,  thereby. 
 
 almsgiving,  and  other  godly  deeds  do  cease  ;   and  so  that  Money 
 
 which  in  times  past  was  charitably  given  to  godly  uses,  and  gj^^^^^'" 
 
 to  the  increase  of  the  service  of  God,  is  now  converted  to  converted 
 
 an  evil  end.  *°  ^"  '"■ 
 
 purpose. 
 
 By  permission  whereof  there  grows  great  scandal  to  the  gcandal 
 people,  and  infinite  loss  and  disheritance  are  like  to  ensue  thereby, 
 to  the  founders  of  the  said  houses  and  their  heirs,  unless 
 speedy  and   sufficient   remedy  be  provided  to  redress   so 
 many  and  grievous  detriments. 
 
 Wherefore  our  aforesaid  lord  the  king,  considering  that  The  king 
 it  would  be  very  prejudicial  to  him  and  his  people  if  he  should  ^0°^^^^ 
 any  longer  suffer  so  great  losses  and  injuries  to  pass  un-  this  as 
 noticed,  and  therefore  being  willing  to  maintain  and  defend  °  °^^  * 
 the  monasteries,  priories,  and  other  religious  houses  erected 
 in  his  kingdom,  and  in  all  lands  subject  to  his  dominion,  and 
 from    henceforth   to   provide    sufficient   remedy  to   reform 
 such    oppressions,  as    he    is  bound,   by  the  advice  of  his 
 earls,  barons,  great  men,  and  other  nobles  of  his  kingdom 
 in  his  Parliament  holden  at  Westminster,  in  the  five-and- 
 thirtieth  year  of  his  reign,  has  ordained  and  enacted : 
 
 That  no  abbot,  prior,  master,  warden,  or  other  religious  Religious 
 person,  of  whatsoever  condition,   state,  or  religion   he  be,  -^  monas- 
 being  under  the  king's  power  or  jurisdiction,  shall  by  himself,  terieswith- 
 or  by  merchants  or  others,  secretly  or  openly,  by  any  device  i^jng'g 
 or  means,  carry  or  send,  or  by  any  means  cause  to  be  sent,  jurisdic- 
 any  tax  imposed  by  the  abbots,  priors,  masters  or  wardens  of  ^^^^^  ^^ 
 religious  houses,  their  superiors,  or  assessed  amongst  them-  thing  to 
 selves,  out  of  his  kingdom  and  his  dominion,  under  the  name  superiors 
 of  rent,  tallage,  or  any  kind  of  imposition,  or  otherwise  by  abroad. 
 
94  DOCUMENTS  ILLUSTRATIVE  OF  THE  [xxxiii 
 
 1307.      way  of  exchange,  mutual  sale,  or  other  contract  howsoever 
 
 Nor  go  out  it  may  be  termed ;  neither  shall  they  depart  into  any  other 
 
 couiur   for  ^^untry  for  visitation,   or  upon  any  other  colour,  by  that 
 
 visitation     means,  carry  the  goods   of  their  monasteries  and   houses 
 
 nor  carry    ^^^  ^  ^^^  kingdom  and  dominion  aforesaid.     And  if  any 
 goods  °  ■' 
 
 abroad.       shall   presume  to  offend  this  present  statute,  he  shall  be 
 
 Penalty,      grievously  punished  accordmg  to  the  quality  of  his  offence, 
 
 and  according  to  his  contempt  of  the  king's  prohibition. 
 
 Noimposi-      Moreover,  our  aforesaid  lord  the  king  inhibits  all  and 
 
 r°"Vh  ^^  singular    abbots,   priors,    masters    and   governors   of    reli- 
 
 the  heads    gious  houses  and  places,  being  aliens,  to  whose  authority, 
 
 of  alien       subjection,  and  obedience  the  houses  of  the  same  orders 
 
 religious  "^ 
 
 houses        in  his  kingdom  and  dominion  be  subject,  that  they  do  not 
 
 on  the         ^^  j^j^y  xXvciQ  hereafter  impose,  or  by  any  means  assess,  any 
 
 subjection    tallages,  payments,  charges,  or  other  burdens  whatsoever, 
 
 to  them.      upon  the  monasteries,  priories,  or  other  religious  houses  in 
 
 Penalty,      subjection  to  them,  as  is  aforesaid,  and  that  under  forfeiture 
 
 of  all  that  they  have  or  can  forfeit. 
 
 As  to  And  further  our  lord  the  king  has  ordained  and  estab- 
 
 custody  of  lished,    that    the    abbots    of    the   orders    Cistercian    and 
 
 the  com-  ' 
 
 mon  seal  of  Premonstratensian,  and  other  religious  orders,  whose  seal 
 
 abbeys.  j-^^g  heretofore  been  used  to  remain  only  in  the  custody  of 
 the  abbot,  and  not  of  the  convent,  shall  hereafter  have 
 a  common  seal,  and  that  shall  remain  in  the  custody  of  the 
 prior  of  the  monastery  or  house,  and  four  of  the  most 
 worthy  and  discreet  men  of  the  convent  of  the  same  house, 
 to  be  laid  up  in  safe  keeping  under  the  privy  seal  of  the 
 abbot  of  the  same  house ;  so  that  the  abbot  or  prior,  who 
 governs  the  house,  shall  be  able,  of  himself,  to  establish 
 nothing,  though  heretofore  it  has  been  otherwise  used. 
 And  if  it  happen  hereafter,  that  writings  of  obligations, 
 donations,  purchases,  sales,  alienations,  or  of  any  other  con- 
 tracts, be  sealed  with  any  other  seal  than  such  common 
 seal,  kept  as  is  aforesaid,  they  shall  be  adjudged  void  and 
 of  no  force  in  law. 
 
xxxiii]  HISTORY  OF  THE  ENGLISH  CHURCH  95 
 
 But  it  is  not  the  meaning  of  our  lord  the  king  to  exclude      1307. 
 the  abbots,  priors,  and  other  religious  aliens,  by  the  ordin- The  heads 
 ances  and  statutes  aforesaid,  from  executing  their  office  of  reH<^Tous 
 visitation  in  his  kingdom  and  dominion ;  but  they  may  visit  houses 
 at  their  pleasure,  by  themselves  or  others,  the  monasteries  their ^n-^ 
 and  other  places  in  his  kingdom  and  dominion  in  subjection  feriors  in 
 unto  them,  according  to  the  duty  of  their  office,  in  those  mafters  of" 
 things   only  that   belong   to  regular  observance,   and   the  discipline, 
 discipline  of  their  order. 
 
 Provided,  that   they  which    shall  execute  this   office  of  But  these 
 visitation,   shall  carry,   or  cause  to  be  carried  out  of  his  shall^rfot 
 kingdom  and  dominion,  none  of  the  goods  or  things  of  carry  any 
 such  monasteries,  priories,  and  houses,  saving  only  their  pj-opS^ 
 reasonable  and  competent  charges.  back  with 
 
 And  though  the  publication  and  open  notice  of  the  ordin-  *  ^"^' 
 ances  and   statutes  aforesaid  was  stayed   in  suspense  for  ment  in  ^' 
 certain  causes  since  the  last  Parliament,  holden  at  Carlisle  pubHshing 
 
 •  •  •  thcsG  ordi- 
 
 on  the  octave  of  St.  Hilary,  in  the  five-and-thirtieth  year  of  nances 
 the  reign  of  the  same  King  Edward,  to  the  intent  they  might 
 proceed  with  greater  deliberation  and  advice ;  our  lord  the 
 king,  after  full  conference  and  debate  had  with  his  earls, 
 barons,  nobles,  and  other  great  men  of  his  kingdom,  touch- 
 ing the  premises,  by  their  whole  consent  and  agreement 
 has  ordained  and  enacted,  that  the  ordinances  and  statutes 
 aforesaid,  under  the  manner,  form,  and  conditions   afore- 
 said,  from   the  first  day  of   May  next  ensuing,   shall   be  To  be 
 inviolably  observed  for  ever,  and  that  the  offenders  of  them  observed 
 shall  be  punished,  as  is  aforesaid.  next. 
 
96  DOCUMENTS  ILLUSTRATIVE  OF  THE    [xxxiv 
 
 XXXIV. 
 
 THE  ARTICULI  CLERI  OF  a.d.  1316. 
 
 1316.  Question  having  arisen  with  regard  to  the  Hmits  of  the  relative 
 
 jurisdictions  of  the  spiritual  and  temporal  courts,  the  following 
 authoritative  answers  were  given  by  the  king  at  York,  Nov.  24, 
 10  Edw,  II,  A.D.  1316.  This  document  was  considered  as  a  concordat 
 between  the  Church  and  State  on  the  questions  involved.  See 
 Stubbs,  Const.  Hist.  ii.  354. 
 
 [Tr.  Statutes  of  the  Realm,  i.  171.] 
 Divers  The  king  to  all  to  whom^  &c.,  greeting.     Know  ye,  that 
 
 made  b'"  ^  whereas  of  late  in  the  times  of  our  progenitors  formerly 
 the  clergy  kings  of  England,  in  divers  their  Parliaments,  and  likewise 
 %.    ,^  ,        after  that  we  had  undertaken  the  governance  of  our  realm, 
 
 Lnghsh  °  _  ' 
 
 Church,  of  in  our  Parliaments,  many  articles  containing  divers  griev- 
 
 guevances.  ^j^(>gg^  committed,  as  was  asserted  in  the  same,  against  the 
 
 English  Church,  the  prelates  and  clergy,  were  propounded 
 
 by  the  prelates  and  clerks  of  our  realm ;  and  further,  great 
 
 instance  was  made  that  convenient  remedy  might  be  pro- 
 
 These  re-    vided  therein :    and  of  late  in  our  Parliament  holden  at 
 
 before  the   Lincoln,  the  ninth  year  of  our  reign,  we  caused  the  articles 
 
 Parliament  underwritten,  with  certain  answers  made  to  some  of  them 
 
 at    inco  n  j-^ej-g^-Qfore.  to  be  rehearsed  before  our  council,  and  caused 
 
 and  redress  ' 
 
 promised,  certain  answers  to  be  corrected ;  and  to  the  residue  of  the 
 articles  underwritten,  answers  were  made  by  us  and  our 
 council ;  of  which  said  articles,  with  the  answers  to  the 
 same,  the  tenors  here  ensue : 
 
 First,  laymen  purchase  prohibitions  generally  upon  tithes, 
 obventions,  oblations,  mortuaries,  redemption  of  penance, 
 violent  laying  hands  on  clerk  or  conversus,  and  in  cases 
 of  defamation ;  in  which  cases  proceeding  is  had  to  enjoin 
 
 I.  No  pro-  canonical  penance.      The  king  answers  to  this  article,  that 
 h  'n  b"       ^^  tithes,  oblations,  obventions,  mortuaries,  when   they  are 
 
 granted       propounded    under    these    names,    the    king's   prohibition 
 
 but  where   j^  place,  even   if  for  the  long  withholding  of  these 
 
 money  is  ^         '  00 
 
XXXI v]     HISTORY  OF  THE  ENGLISH  CHURCH  97 
 
 they  come  to  a  pecuniary  settlement  of  the  same.     But  if      1316. 
 a  clerk  or  a  religious  man  sells  his  tithes,  being  gathered  in  demanded 
 his  barn,  or  otherwise,  to  any  man  for  money,  if  the  money  °^  ^^^  ^^' 
 be  demanded  before  a  spiritual  judge,  the  prohibition  shall 
 lie ;  for  by  the  sale  the  spiritual  goods  are  made  temporal, 
 and  the  tithes  turned  into  chattels. 
 
 Also  if  dispute  arise  upon  the  right    of  tithes,   having  2.  Of  the 
 its  origin   in  the  right  of  patronage,  and  the  quantity  of[j^^j|^* 
 the  same  tithes  comes  to  the  fourth  part  of  the  goods  of  the  ing  to  the 
 church,  the  king's  prohibition  has  place,  if  this  cause  come  *°"^t"P^^'^- 
 before  a  judge  spiritual.     Also  if  a  prelate  enjoin  a  pecu- 
 niary penance  to  a  man  for  his  offence,  and  it  be  demanded, 
 the  king's  prohibition  has  place.      But  if  prelates  enjoin  Enjoining 
 penances   corporal,   and  they  which   be  so  punished  will  corporal  or 
 redeem,  upon  their  own  accord,  such  penances  by  money,  pecuniary, 
 if  money  be  demanded  before  a  judge  spiritual,  the  king's 
 prohibition  has  no  place. 
 
 Moreover,  if  any  lay  violent  hands  on  a  clerk,  the  amends  3.  Laying 
 for  the  peace  broken  shall  be  before  the  king,   and    for  T^^'^"*^ 
 excommunication  before  the  prelate,  that  penance  corporal  clerks, 
 may  be  enjoined ;  which  if  the  offender  will  redeem  of  his 
 own  good  will,  by  giving  money  to  the  prelate,  or  to  the 
 party  grieved,  it  can  be  required  {repeti)  before  the  prelate, 
 and  the  king's  prohibition  shall  not  lie. 
 
 In  defamations  also,  prelates  shall  correct  in  the  manner  4-  Prelates 
 abovesaid,  the  king's  prohibition  notwithstanding,  first  enjoin-  ^^"J^ect  for 
 ing  a  penance  corporal,  which  if  the  offender  will  redeem,  defama- 
 the  prelate  may  freely  receive  the  money,  though  the  king's 
 prohibition  be  tendered. 
 
 \For  the  above  see  also  supra,  No.  XXIX.'] 
 Also  if  any  erect  on  his  soil  a  new  mill^  and  afterwards  5;  No  pro- 
 the    parson    of   the    place    demands   tithe   for   the    same,  ^^ere^^ 
 the  king's  prohibition  issues  in  this  form  :  '  Quia  de  molen-  tithe  is 
 
 AAA 
 
 dino   tali    hactenus    decimae    non    fuerunt   solutae,   prohi-    ^"^^^ 
 
 H 
 
98  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xxxiv 
 
 1316.      bemus,  Sec.  et  sententiam  excommunicationis,  si  quam  hac 
 
 of  a  new     occasione  promulgaveiitis  revocetis  omnino.'     The  answer  : 
 
 In  such  case  the  king's  prohibition   never  issued  by  the 
 
 king's  assent;  who  also  decrees  that  such  shall  never  at  any 
 
 time  issue. 
 
 6.  Where  Also  if  any  cause  or  matter,  the  knowledge  whereof  be- 
 a  suit  may  jQj^gg  ^q  ^  court  spiritual,  and  shall  be  definitively  deter- 
 menced       mined  before  a  spiritual  judge,  and  pass  into  a  judgment, 
 
 °\Y"i^  and  shall  not  be  suspended  by  an  appeal,  and  afterwards, 
 and  tern-  if  upon  the  same  thing  a  question  is  moved  before  a  tem- 
 poiaicourt.  pQ^-^j  judge  between  the  same  parties,  and  it  be  proved  by 
 witnesses  or  instruments,  such  an  exception  shall  not  be 
 admitted  in  a  temporal  court.  The  answer :  When  the 
 same  case  is  debated  before  judges  spiritual  or  temporal  (as 
 above  appears  upon  the  case  of  laying  violent  hands  on 
 a  clerk)  they  say,  that  notwithstanding  the  spiritual  judg- 
 ment, the  king's  court  shall  discuss  the  same  matter  as  the 
 party  shall  think  expedient  for  himself. 
 
 7.  The  Also  the  king's  letter  is  directed  to  ordinaries  that  have 
 
 king-  s         involved  those  that  be  in  subjection  to  them  in  the  sentence 
 
 letter  sent  ■' 
 
 to  dis-         of  excommunication,  that  they  should  assoil  them  by  a  cer- 
 
 charge  one  ^-^j^^  ^^^  ^j.  ^jgg  ^]^^^  ^l^g    should  appear,  and  show  wherefore 
 
 cxcommu-  •'  ■'  rii 
 
 iiicated.       they  have  excommunicated  them.     The  answer  :    The  king 
 
 decrees,  that  hereafter  no  such  letters  shall  be  suffered  to 
 
 issue,  except  in  case  where  it  is  found  that  the  king's  liberty 
 
 is  prejudiced  by  the  excommunication. 
 
 8.  Privi-  Also  barons  of  the  king's  Exchequer — claiming  by  their 
 the\x-  privilege  that  they  ought  to  make  answer  to  no  complaint 
 chequer,      out  of  the  same  place — extend  the  same  privilege  to  clerks 
 
 abiding  there,  called  to  orders  or  to  residence,  and  inhibit 
 Clerks  in     ordinaries  that  by  no  means  or  for  any  cause,  so  long  as 
 
 the  kings   th^y  \^^  \^  |-]^g  Exchequer  or   in  the  kini?'s  service,  shall 
 
 service  ^ 
 
 shall  be       they  call  them  to  judgment.     The  answer  :   It  pleases  our 
 
 corrected    \qx^  the  kiuGf,  that  such  clerks  as  attend  in  his  service,  if 
 
 by  their  ° 
 
 ordinaries,  they  offend,  shall  be  corrected  by  their  ordinaries,  like  as 
 
XXXI v]     HISTORY  OF  THE  ENGLISH  CHURCH  99 
 
 other ;  but  so  long  as  they  are  occupied  about  the  Exche-      1316. 
 quer,  they  shall  not  be  bound  to  keep  residence  in  their  Clerks  in 
 churches.       Here    it    is   thus   added   anew  by   the   king's  service  not 
 council :  The  king  and  his  ancestors,  time  out  of  mind,  have  bound  to 
 used  that  clerks,  who  are  employed  in  his  service,  during  ^^^'  ^"^^' 
 such  time  as  they  are  in  service,  shall  not  be  compelled  to 
 keep  residence  at  their  benefices ;   and  such  things  as  be 
 thought   necessary  for   the   king   and  the  commonwealth, 
 ought  not  to  be  said   to   be  prejudicial  to  the  liberty  of 
 the  Church. 
 
 Also  the   king's    officers,   as    sheriffs   and   others,  enter  9-  Dis- 
 into  the  fees  of  the  Church  to  take  distresses,  and  they  sifa^irnot 
 sometimes  take  the  rector's  beasts  in  the  king's  highway,  be  taken  in 
 where  they  have  nothing  but  the  land  belon9;ino;  to  the  „  f„  '^ 
 
 J  u  .  o     a  way,  nor 
 
 Church.     The   answer :  The  king's  pleasure  is,  that  from  in  the 
 henceforth   such  distresses   shall   neither  be  taken  in  the  fe^g  q"  jjjg 
 king's   highway,  nor   in   the    fees   wherewith   churches   in  Church, 
 times  past  have  been  endowed;  nevertheless  he  wills  that 
 distresses    be    taken    in    possessions    newly  purchased   by 
 ecclesiastical  persons. 
 
 Also  where  some,  flying  to  the  church,  abjure  the  land,  10.  They 
 according  to  the  custom  of  the  realm,  and  laymen,  or  their  .^^  ^^'^ 
 enemies,  do   pursue  them,   and   they  are   taken   from  the  realm  shall 
 king's  highway,  and  are  hanged  or  beheaded,  and  whilst  ^^ygj^fhey 
 they  be   in  the    church    are    kept    in   the   churchyard    by  be  in  the 
 armed    men,    and    sometimes   in    the    church,   so    straitly,  -n^hehiffh- 
 that   they   cannot    depart   from    the    hallowed   ground    to  way. 
 relieve  nature,   and  are   not   suffered  to  have  necessaries 
 brought  to  them  for  their  living.     The  answer :  They  that 
 abjure  the  land,  so  long  as  they  be  on  the  common  way, 
 are  in  the  king's  peace,  nor  ought  they  to  be  disturbed  by 
 any  man ;  and  when  they  be  in  the  church,  their  keepers 
 ought  not  to  abide  in  the  churchyard,  except  necessity  or 
 peril  of  escape  so  require  it.     And  so  long  as  they  be  in 
 the  church,  they  shall  not  be  compelled  to  flee  away,  but 
 
 H  2 
 
loo  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xxxiv 
 
 1316.  they  shall  have  necessaries  for  their  living,  and  may  go  forth 
 to  relieve  nature.  And  the  king's  pleasure  is,  that  robbers 
 being  appellants,  whensoever  they  will,  may  confess  their 
 offences  to  priests ;  but  let  the  confessors  beware  lest  such 
 appellants  erroneously  inform. 
 
 11.  Reli-         Also  it  is  prayed  that  our  lord  the  king,  and  the  great 
 f  °"^  men  of  the  realm,  do  not  charge  religious  houses,  or  spiritual 
 
 nouses  '  o  o  5  r 
 
 shall  not  persons,  for  corrodies,  pensions,  or  provisions  in  religious 
 ^ith  ^en^-    ^^^^es,  and  other  places  of  the  Church,  or  with  taking  up 
 
 sions,  &c.  horses  [and]  carts,  whereby  such  houses  are  impoverished, 
 and  God's  service  is  diminished,  and,  by  reason  of  such 
 charges,  priests  and  other  ministers  of  the  Church,  deputed 
 to  divine  service,  are  oftentimes  compelled  to  depart  from 
 the  places  aforesai4.  The  answer  :  The  king's  pleasure  upon 
 the  contents  in  the  petition  is  that  from  henceforth  they 
 shall  not  be  unduly  charged.  And  if  the  contrary  be  done 
 by  great  men  or  others,  they  shall  have  remedy  after  the 
 form  of  the  statutes  made  in  the  time  of  King  Edward, 
 father  to  the  king  that  now  is.  And  like  remedy  shall  be 
 made  for  corrodies  and  pensions  extracted  by  compulsion, 
 whereof  no  mention  is  made  in  the  statutes. 
 
 12.  Ten-  Also  if  any  persons  of  the  king's  tenure  be  called  before 
 ^"*^V"r       their  ordinaries  out  of  the  parish  where  they  continue,  and 
 
 chief,  II  ex-  ^  ''  ' 
 
 communi-    they  be  excommunicated  for  their  manifest  contumacy,  and 
 cated,  are    ^^^^^  fortv  davs  a  writ  goes  forth  to  take  them,  they  pretend 
 
 not  privi-  •"         -'  °  T         J   r 
 
 leged.  their  privilege  that  they  ought  not  to  be  cited  out  of  the  town 
 and  parish  where  their  dwelling  is,  and  so  the  king's  writ  for 
 taking  the  same  is  denied.  The  answer  :  It  was  never  yet 
 denied,  nor  shall  be  hereafter. 
 
 13.  The  Also  it  is  prayed  that  spiritual  persons — whom  our  lord 
 examina-     ^-^q  king  presents  to  benefices  of  the  Church,  if  the  bishop 
 
 tion  of  a  °  ^  ^ 
 
 clerk  will  not  admit  them,  either  for  lack  of  learning  or  for  other 
 
 belongs  to  ^ause  reasonable — may  not  be  under  the  examination  of 
 
 a  spiritual  -^ 
 
 judge.         lay  persons  in  the  cases  aforesaid,  as  it  is  at  this  time,  in 
 
 fact,  attempted,  contrary  to  the  decrees  canonical ;  but  that 
 
XXXI v]      HISTORY  OF  THE  ENGLISH  CHURCH  loi 
 
 they  may  sue  for  remedy  to  the  spiritual  judge,  to  whom  of      1316. 
 right  it  belongs.     The  answer :   Of  the  ability  of  a  parson 
 presented  to  a  benefice  of  the   Church,  the  examination 
 belongs  to  a  spiritual  judge ;  and  so  it  has  been  used  here- 
 tofore, and  shall  be  hereafter. 
 
 Also  if  any  dignity  be  vacant  where  election  is  to  be  14.  There 
 made,  it  is  prayed  that  the  electors  may  freely  make  their  ^^^^^  ^j^  _ 
 election  without  fear  of  any  temporal  power,  and  that  all  tion  to 
 prayers  and  oppressions  shall  in  this  behalf  cease.     The  ^^^^  '^^ 
 answer :  They  shall  be  freely  made  according  to  the  form  Church. 
 of  statutes  and  ordinances. 
 
 Also,   though  a  clerk   ought   not  to  be  judged   before  15-  A  clerk 
 a   temporal  judge,   nor   anything   done   against   him   that  the  cJuirch 
 concerns   life    or   member ;    nevertheless  temporal  judges  for  felony 
 cause  clerks  fleeing  to  the  church,  and  peradventure  con-  compelled 
 fessing   their   offences,  to   abjure  the  realm,   and  for  the  to  abjure, 
 same   cause   admit    their   abjurations,   although   hereupon 
 they  cannot  be  their  judges,  and  so   power  is  wrongfully 
 [indirecie]  given  to  lay  persons  to  put  to  death  such  clerks, 
 if  they  chance  to  be  found  within   the  realm  after  their 
 abjuration.     The  prelates  and  clergy  desire  such  remedy  to 
 be  provided  herein,  that  the  immunity  or  privilege  of  the 
 Church  and  spiritual  persons  may  be  saved  and  unbroken. 
 The  answer :   A  clerk  fleeing  to  the  church  for  felony,  to 
 obtain  the  privilege  of  the  Church,  if  he  affirm  himself  to 
 be  a  clerk,  shall  not  be  compelled  to  abjure  the  realm ; 
 but  yielding  himself  to  the  law  of  the  realm,  shall  enjoy  the 
 privilege  of  the  Church,  according  to  the  laudable  custom 
 of  the  realm  heretofore  used. 
 
 Also  notwithstanding  that  a  confession  made  before  him  i6-  The 
 
 privile°"C 
 
 that  is  not  lawful  judge  thereof,  is  not  sufficient  whereon  of  the'' 
 process   may  be   awarded,   or  sentence  given  ;    yet   some  Church 
 temporal  judges  with  respect  to  clerks — who  in  this  behalf  sanded  by 
 are  not  of  their  jurisdiction— confessing  before  them  their  the  ordin- 
 heinous  offences,  such  as  thefts,  robberies,  or  murders,  do  not' be 
 
I02  DOCUMENTS  ILLUSTRATIVE  OF  THE      [xxxiv 
 
 1316.       admit  them  to  an  accusation  against  others,  which   such 
 
 *^.^"!^^,^®^  judges  call  an   appeal  \appellu7n\,  and   do   not,   after  the 
 
 has  con-      premises,  deliver  them,  so  confessing,  accusing,  or  making 
 
 fessed         appeal,   to    their   prelates,   although  they  [the  judges]   be 
 
 sufficiently  required  therein ;  albeit  they  cannot  be  judged 
 
 or  condemned  before  them  by  their  own  confession  without 
 
 breaking  the  Church's  privilege.    The  answer  :  The  privilege 
 
 of  the  Church  shall  not  be  denied  to  one  appealing,  when 
 
 summoned  in  due  form,  as  a  clerk,  by  his  ordinary. 
 
 We — desiring  to  provide  for  the  state  of  the  English 
 Church,  and  for  the  tranquillity  and  quiet  of  the  prelates 
 and  clergy  aforesaid,  so  far  as  we  may  lawfully  do,  to  the 
 honour  of  God,  and  emendation  of  the  Church,  prelates, 
 and  clergy  of  the  same,  ratifying^  confirming,  and  approving 
 all  and  every  of  the  articles  aforesaid,  with  all  and  every  of 
 the  answers  made  and  contained  in  the  same— do  grant 
 and  command  them  to  be  kept  firmly,  and  observed  for 
 ever;  willing  and  granting  for  us  and  our  heirs,  that  the 
 aforesaid  prelates  and  clergy,  and  their  successors,  shall 
 use,  execute,  and  practise  for  ever  the  jurisdiction  of  the 
 Church  in  the  premises  after  the  tenor  of  the  answers 
 aforesaid,  without  let,  molestation,  or  vexation  of  us  or  of 
 our  heirs,  or  of  any  of  our  officers  whosoever  they  be. 
 Witness  the  king  at  York,  the  24th  day  of  November,  in  the 
 tenth  year  of  the  reign  of  King  Edward,  the  son  of  King 
 Edward. 
 
 By  the  king  himself  and  the  Council. 
 
 [The  first  Statute  of  Provisors  was  passed  in  135 1 ;  as  it  is  re- 
 cited in  the  second  statute,  vide  post,  No.  XXXIX,  it  is  not  printed 
 here.] 
 
xxxv]      HISTORY  OF  THE  ENGLISH  CHURCH 
 
 XXXV. 
 
 THE  FIRST  STATUTE  OF  PR^MUNIRE, 
 A.D.    1353. 
 
 27  Edward  III,  stat.  1. 
 
 The  enactment  of  a  Statute  of  Provisors  in  1351  (jjtde  ante,  p.  102,  135o. 
 noie)  logically  necessitated  a  Statute  of  Praemunire ;  this  latter  aimed 
 at  preventing  encroachment  upon,  or  usurpation  of,  jurisdiction,  just 
 as  the  former  aimed  at  defending  patronage.  Praemunire  makes  it 
 treason  to  appeal  to  the  pope  against  the  king.  A  second  Act  of 
 Praemunire  was  passed  in  1393  {vide post,  No.  XL]. 
 
 [Tr.  Statutes  of  the  Realm,  i.  329.] 
 
 Our  lord  the  king,  by  the  assent  and  prayer  of  the  great 
 men,  and  the  commons  of  his  reahii  of  England,  at  his 
 great  council  holden  at  Westminster,  on  Monday  next  after 
 the  feast  of  St.  Matthew  the  apostle,  the  twenty-seventh  year 
 of  his  reign  of  England,  and  of  France  the  fourteenth,  in 
 amendment  of  his  said  realm,  and  maintenance  of  the  laws 
 and  usages,  has  ordained  and  established  these  things  under 
 written : 
 
 First,  because  it  is  shown  to  our  lord  the  king,  by  the  J^omplamt 
 
 '  _  o'      y  that  man3'- 
 
 grievous  and  clamorous  complaints  of  the  great  men  and  have  been 
 commons  aforesaid,  how  that  divers  of  the  people  be,  and  ^T^  ^^^ 
 have  been  drawn  out  of  the  realm  to  answer  for  things,  realm  to 
 whereof  the  cognizance  pertains  to  the  king's  court ;  and  ^"^.^^^ 
 also  that  the  judgments  given  in  the  same  court  be  im-  cognizable 
 peached  in  another  court,  in  prejudice  and  disherison  of  J^"    , 
 our  lord  the  king,  and  of  his  crown,  and  of  all  the  people  courts, 
 of  his  said  realm,  and  to  the  undoing  and  destruction  of  the  and  that 
 
 1  /-    1  1  11     •  1  judgments 
 
 common  law  of  the  same  realm  at  all  times  used.  theregiven 
 
 Whereupon,  good  deliberation  being  had  with  the  great  are  else- 
 11  r    1  ■  -1  -1     •      •  J         J  where  im- 
 
 men  and  others  of  his    said    council,  it  is  assented  and  peached. 
 
I04 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE      [xxxv 
 
 1353. 
 
 Those  so 
 calling  out 
 of  the 
 realm,  or 
 impeach- 
 ing, to 
 answer 
 before  the 
 king  in 
 council. 
 
 Penalty 
 for  default. 
 
 Appear- 
 ance with- 
 in two 
 months 
 will  save 
 outlawry. 
 Appear- 
 ance of  the 
 offender 
 after  two 
 months 
 will  save 
 his  out- 
 lawry, but 
 not  his 
 lands  or 
 aoods. 
 
 accorded  by  our  lord  the  king,  and  the  great  men  and 
 commons  aforesaid,  that  all  the  people  of  the  king's  alle- 
 giance, of  whatsoever  condition  they  be,  which  shall  draw  any 
 out  of  the  realm  in  plea,  whereof  the  cognizance  pertains  to 
 the  king's  court,  or  of  things  whereof  judgments  be  given  in 
 the  king's  court,  or  which  do  sue  in  any  other  court,  to  defeat 
 or  impeach  the  judgments  given  in  the  king's  court,  shall 
 have  a  day,  within  the  space  of  two  months,  by  warning  to 
 be  made  to  them  in  the  place  where  the  possessions  be, 
 which  are  in  debate,  or  otherwise  where  they  have  lands  or 
 other  possessions,  by  the  sheriffs  or  other  the  king's  minis- 
 ters, to  appear  before  the  king  and  his  council,  or  in  his 
 chancery,  or  before  the  king's  justices  in  his  places  of  the 
 one  bench  or  the  other,  or  before  other  the  king's  justices 
 which  to  the  same  shall  be  deputed,  to  answer  in  their 
 proper  persons  to  the  king,  of  the  contempt  done  in  this 
 behalf. 
 
 And  if  they  come  not  at  the  said  day  in  their  proper 
 persons  to  be  at  the  law,  they,  their  procurators,  attorneys, 
 executors,  notaries,  and  maintainers,  shall  from  that  day 
 forth  be  put  out  of  the  king's  protection,  and  their  lands, 
 goods,  and  chattels  forfeited  to  the  king,  and  their  bodies, 
 wheresoever  they  may  be  found,  shall  be  taken  and  im- 
 prisoned, and  ransomed  at  the  king's  will :  And  upon  the 
 same  a  writ  shall  be  made  to  take  them,  by  their  bodies, 
 and  to  seize  their  lands,  goods,  and  possessions,  into  the 
 king's  hands  ;  and  if  it  be  returned  that  they  be  not  found, 
 they  shall  be  put  in  exigent,  and  outlawed. 
 
 Provided  always,  that  at  what  time  they  come  before  they 
 be  outlawed,  and  will  yield  themselves  to  the  king's  prison 
 to  be  justified  by  the  law,  and  to  receive  that  which  the 
 court  shall  award  in  this  behalf,  that  they  shall  be  thereto 
 received  ;  the  forfeiture  of  lands,  goods,  and  chattels  abiding 
 in  force,  if  they  do  not  yield  themselves  within  the  said  two 
 months,  as  is  aforesaid. 
 
xxxvi]     HISTORY  OF  THE  ENGLISH  CHURCH  105 
 
 XXXVI. 
 
 LETTER  OF  POPE  GREGORY  XI  TO  ARCH- 
 BISHOP SUDBURY,  AND  THE  BISHOP 
 OF  LONDON,  DIRECTING  PROCEEDINGS 
 AGAINST    WYCLIFFE,    a.d.    1377. 
 
 This  letter  represents  one  of  five  papal  Bulls  signed  by  Gregory  XI  1377. 
 on  May  22,  1377,  against  Wycliffe,and  appears  to  contain  the  essence 
 of  the  whole  number.  Another  of  the  series  cites  this  one,  and 
 directs  that  if  WyclifFe  cannot  be  arrested,  a  public  writ  should  be 
 posted  at  Oxford  and  elsewhere,  summoning  him  to  appear  at  Rome 
 within  three  months  to  answer  for  the  propositions  objected  to,  and 
 to  receive  sentence.  A  third  letter  directs  them  to  warn  the  king 
 (Edward),  his  sons,  the  queen,  and  all  the  nobles  and  counsellors  of 
 the  king,  of  the  enormity  and  political  danger  of  Wycliffe's  tenets,  and 
 to  require  them  to  lend  all  help  to  prevent  these  errors  from  pro- 
 ceeding farther. 
 
 [Tr.  Sudbury's  Register,  f.  45  b;  cf.  Wilkins,  iii.  116.] 
 
 Gregory,  bishop,  servant  of  the  servants  of  God,  to  our  England, 
 
 venerable  brethren  the  Archbishop  of  Canterbury  and  the  once  fam- 
 
 ^  •'  ous  tor 
 
 Bishop  of  London,  greeting  and  apostohc  blessing.     The  faith,  holy 
 
 realm  of  Endand,  so  glorious  for  its  power,  and  the  abun-  ^^arnrng 
 
 °  '         °  ^  ,  and  sacred 
 
 dance  of  its  resources,  but  more  glorious  for  the  piety  of  influence, 
 
 faith,  and  radiant  for  its  renown  in  the  sacred  page,  was 
 wont  to  produce  men  gifted  with  the  true  knowledge  of  the 
 Holy  Scriptures,  of  profound  ripeness,  famous  for  their  de- 
 votion, champions  of  the  orthodox  faith,  who  used  to  instruct 
 not  only  their  own  but  other  peoples  in  the  truest  lessons, 
 directing  them  into  the  path  of  the  Lord's  commandments ; 
 and  as  we  infer  from  the  result  of  the  events  of  old,  the 
 prelates  of  the  said  kingdom  set  on  the  watchtower  of  their 
 solicitude,  undertaking  their  own  watch  with  earnest  care, 
 did  not  sufier  any  error  to  arise  that  might  infect  their  sheep, 
 but  if  tares  did  spring  up  trom  the  sowing  of  the  Enemy  of 
 
io6  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xxxvi 
 
 1377.      man,  they  forthwith  plucked  them  up,  and  so  the  pure  grain 
 
 grew  continually,  meet  to  be  stored  in  the  Lord's  garner. 
 
 has  now      But  alas  it  now  is  clear  that  in  this  selfsame  realm,  watchful 
 
 sadly  i^y  office  but  carelcss  throuojh  nesrliffence,  they  do  not  corn- 
 
 changed,       ^  .  .         . 
 
 and  her       pass  the  city,  whilst  enemies  enter  into  it  to  prey  on  the 
 
 prelates       niost  precious  treasure  of  men's  souls  ;   whose  sly  entries 
 
 lail  to  de-  ^  . 
 
 fend  the      and  open  attacks  are  noted  in  Rome,  though  at  a  distance 
 faith,  gQ  f^j.  removed,  before  resistance  is  made  to  them  in  Eng- 
 
 land.    We  have  heard  forsooth   with  much  grief  by  the 
 intimation  of  many  credible  persons  that  John  Wycliffe, 
 especially    rector  of  the  church  of  Lutterworth  in  the  diocese  of  Lincoln, 
 
 against  the  professor  of  the  sacred  page — would  he  were  not  a  master  of 
 
 errors  of      ^  '-    ° 
 
 WyclifFe.  errors  ! — is  said  to  have  rashly  broken  forth  into  such  detest- 
 able madness  that  he  does  not  fear  to  assert,  profess,  and 
 publicly  proclaim  in  the  aforesaid  realm,  certain  propositions 
 and  conclusions,  erroneous  and  false,  and  discordant  with 
 the  faith,  which    endeavour    to  subvert  and   weaken  the 
 
 These         Stability  of  the  entire  Church  (and  of  which  some,  albeit  with 
 
 errors  he     certain   change  of  terms,   appear  to  breathe  the  perverse 
 
 has  im-  .  ...  rnj 
 
 bibedfrom  opinions  and  the  unlearned  doctrme  of  Marsihus  of  radua 
 abroad,  and  ^j^^^  John  of  Jandun,  of  condemned  memory,  whose  book 
 disastrous,  was  reprobated  and  condemned  by  Pope  John  XXII  of 
 happy  memory,  our  predecessor)  malevolently  infecting 
 with  them  some  of  the  faithful  in  Christ,  and  causing 
 them  to  swerve  from  the  Catholic  faith,  without  which  is  no 
 salvation. 
 
 Now  for. these  errors  so  started,  they  not  having  been 
 extirpated,  or  at  all  events  no  opposition  which  we  know  of 
 having  been  offered,  but  your  eyes  conniving  at  their  propa- 
 gation or  toleration,  you  and  some  of  the  prelates  of  England, 
 when  you  ought  to  be  pillars  of  the  Church  and  vigilant 
 defenders  of  the  said  faith,  for  that  you  pass  them  by  so 
 checked      negligently  with  a  certain  connivance,  ought  to  be  covered 
 carekss      ^^^^  ^"^  shame,  to  be  full  of  compunction,  and  to  feel  the 
 bishops.  ,   sting  of  your  own  consciences.     Wherefore  we — being  un- 
 
 and  ought 
 to  be 
 
xxxvi]     HISTORY  OF  THE  ENGLISH  CHURCH  107 
 
 willing,  as  in  duty  bound,  that  an  evil  so  pernicious  (which      1377. 
 unless  cut  off,  or  pulled  up  by  the  roots,  might,  which  God 
 forbid^  insinuate  itself  into  the  souls  of  very  many  to  their 
 destruction  by  its  fatal  poison)  should  proceed  under  cover  of 
 dissimulation — commission  and  command  you,  our  brethren, 
 by  apostolic  writings,  that,  after  receiving  the  presents,  you,  or 
 one  of  you,  shall  secretly  inform  yourselves  of  the  assertion 
 of  the  said  propositions  and  conclusions,  a  copy  of  which  we 
 send  you  enclosed  under  our  Bull ;  and  if  you  find  it  so  to 
 be,  you  shall  endeavour  to  have  the  aforesaid  John  arrested  Wycliffe 
 by  our  authority,   and  committed  to  prison,   and  receive  arrested 
 his  confession   touching  the  same  propositions  or  conclu-  examined 
 sions.     And  that  confession,  and  whatsoever  the  said  John  poi-t-e^at 
 shall  state  or  write  upon  the  allegation  and  proof  of  the  Rome, 
 same  propositions  and  conclustons,  and  everything  you  do 
 in  the  premises,  you  shall  close  up  under  your  own  seals 
 and  disclose  to  none,  and  send  to  us  by  a  trusty  messenger. 
 And  you  shall  keep  the  said  John  in  prison  [vtnculis]  under 
 safe  custody  until  you  receive  further  commands  from  us 
 in  this  matter,   restraining  all  gainsayers   by  ecclesiastical 
 censure  without  appeal ;  and  for  this,  calling  in,  if  need  be, 
 the  help  of  the  secular  arm  :  notwithstanding  the  Bull  of 
 Boniface  VIII,  our  predecessor,  of  happy  memory,  wherein 
 it  is  provided  'that  no  one  be  summoned  to  judgment 
 outside  his  city  or  diocese,  save  in  certain  special  cases, 
 and  in  those  not  beyond  one  day's  journey  from  the  limit  and  is  to  be 
 of  his  diocese,'  or  '  that  no   judges    delegated    from    the  J/gxemp- 
 Apostolic  See  presume  to   summon    any  persons  beyond  tion  not- 
 one  day's  journey  from   the   limit  of  their   diocese,'  and  ^iJ^^f^'o^"^' 
 concerning  two   days'  journey,  in  a  general  council,  and  ever 
 exemptions,  and  other  privileges,  constitutions,  and  apos-  S""^"*^  ■ 
 tohc  letters  to  the  Preachers,  the  Minorites,  the  Hermits 
 of  St.  Augustine,  and  of  St.  Mary  of  Mount  Carmel,  and  to 
 any  others  of  the  Mendicants,  or  to  any  other  orders  and 
 places,  or  to  special  persons,  or  to  any  chapters  and  convents 
 
io8  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xxxvi 
 
 1377.  of  the  same,  general  or  special,  of  whatsoever  tenors  they  may 
 be,  and  also  the  statutes  and  customs  of  the  same  orders  and 
 places  to  the  contrary — whereby  the  effect  of  the  presents 
 should  in  any  wise  be  hindered  or  postponed,  even  if  full 
 and  express  mention  ought  to  be  made  in  our  letters  of 
 them  and  their  entire  tenors  and  word  by  word ;  or  if  to  the 
 aforesaid  John,  or  to  any  others,  in  common  or  individually, 
 indulgence  has  been  granted  by  the  said  see,  that  they 
 cannot  be  personally  arrested  or  interdicted  or  suspended 
 or  excommunicated  by  apostolic  letters  not  making  full  and 
 express  mention  and  word  for  word  of  such  indulgence. 
 Given  at  Rome,  in  Sta.  Maria  Maggiore,  the  nth  [before] 
 kalends  of  June  [the  22nd  day  of  May],  in  the  seventh 
 year  of  our  Pontificate. 
 
 XXXVII. 
 
 WYCLIFFE  PROPOSITIONS  CONDEMNED  AT 
 LONDON,  A.D,   1382. 
 
 1382.  The  following  propositions  were  drawn  up  under  the  direction  of 
 
 Archbishop  Courtney,  and  condemned  by  the  Convocation  of  Canter- 
 bury in  a  session  held  at  Blackfriars,  in  May,  1382,  after  they  had 
 been  submitted  to  the  examination  of  certain  doctors  and  bachelors 
 of  civil  and  canon  law.  They  occur  in  Fasc.  Zis.  277-282  (Rolls 
 Series). 
 
 [Tr.  Rolls  Series,  /.  c,  printed  from  Courtney's  Register.'] 
 
 Heretical  conclusions  rept^gnant  to  the  Chiirclis 
 determination. 
 
 1-6.  Here-      I-  That  in  the  Sacrament  of  the  altar  the  material  sub- 
 sies alleged  gtance  of  bread  and  wine  remains  after  consecration.     2. 
 
 concernmg  .  i  •        i 
 
 the  Mass.  That  accidents  remam  not  without  a  subject  m  the  same 
 sacrament.  3.  That  Christ  is  not  in  the  Sacrament  of  the 
 altar  essentially,  truly,  and  really,  in  His  own  corporal  pre- 
 sence.    4.  That  if  bishop  or  priest  be  in   mortal  sin  he 
 
xxxvii]      HISTORY  OF  THE  ENGLISH  CHURCH  109 
 
 cannot  ordain,  consecrate,  or  baptize.     5.  That  if  a  man      1382. 
 
 be  properly  repentant  all  outward  confession  is  superfluous 
 
 or  useless  for  him.     6.  To  affirm  constantly  that  it  was  not 
 
 set  down  in  the  Gospel  that  Christ  ordained  the  Mass.     7.  7-12. 
 
 That  God  ought  to  obey  the  Devil.     8.  That  if  the  pope  be  heresies 
 
 ...  alleged 
 
 an  abandoned  or  evil  man,  and  so  a  member  of  the  Devil,  concerning 
 he  has  not  power  over  the  faithful  of  Christ  granted  him  by  ^^^  P^P^' 
 any,  save  perhaps  by  Caesar.  9.  That  after  Urban  VI  no 
 one  is  to  be  regarded  as  pope,  but  we  must  live  like  the 
 Greeks  under  our  own  laws.  10.  To  assert  that  it  is  con- 
 trary to  Holy  Scripture  that  ecclesiastical  men  should  have 
 temporal  possessions. 
 
 Erroneous  conclusions  repugnant  to  the  Churches 
 determi?iation. 
 
 II.  That  no  prelate  ought  to  excommunicate  any  unless  11-14. 
 he  first  knows  that  he  is  excommunicated  by  God.    12.  That  ^iJ^^^^j 
 if  he  excommunicates  he  is  thereby  a  heretic  or  excommu-  concerning 
 nicate.     13.  That  a  prelate  excommunicating  a  clerk  who  n^^^t^n^ 
 has  appealed  to  the  king  and  the  council  of  the  realm  is 
 thereby  a  traitor  to  God,  king,  and  realm.     14.  That  those 
 who  cease  to  preach  or  hear  the  Word  of  God  or  the  Gospel 
 preached  on  account  of  the  excommunication  of  men  are 
 excommunicate,  and  on  the  day  of  judgment  will  be  held 
 traitors  to  God.    15.  To  assert  that  it  is  lawful  to  any  deacon  15-18. 
 or  priest  to  preach  the  Word  of  God  without  the  authority  ^\\^„^^  as 
 of  the  Apostolic  See,  or  a  catholic  bishop,  or  some  other  to  juris- 
 [authority]  sufficiently  sure.     16.  To  assert  that  no  one  is  ^g^ju^e' 
 civil   lord,  bishop,  or  prelate   while   he  is  in  mortal   sin.  rights  of 
 17.  That  temporal  lords  can  at  their  will  take  away  tern- ^^^P^^j^^'^ 
 poral  goods  from  ecclesiastics  habitually  sinful,  or  that  the  of  ecclesi- 
 public  may  at  their  will  correct  sinful  lords.    18.  That  tithes 
 are  pure  alms,  and  that  parishioners  can  withhold  them  for 
 the  sins  of  their  curates,  and  confer  them  at  pleasure  on 
 others.     19.  That  special  prayers  restricted  to  one  person 
 
no 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [xxxvii 
 
 19  24. 
 
 Errors 
 
 alleged 
 
 about 
 
 private 
 
 religion, 
 
 endow- 
 
 1382.  by  prelates  or  religious  do  no  more  avail  the  same  person, 
 other  things  being  equal,  than  general  prayers.  20.  That 
 the  very  fact  of  a  man  entering  any  private  religion  makes 
 him  more  foolish  and  unfit  for  performing  God's  command- 
 ment. 21.  That  holy  men  endowing  private  religions,  as 
 well  of  possessioners  as  of  mendicants,  have  sinned  in  so 
 friars  '  endowing.  22.  That  the  religious  living  in  private  religions 
 are  not  of  the  Christian  religion.  23.  That  friars  are  bound 
 to  get  their  living  by  the  labour  of  their  hands  and  not  by 
 mendicancy.  24.  That  he  who  gives  alms  to  friars  or 
 a  preaching  friar  is  excommunicate,  and  he  who  takes 
 them. 
 
 [N.B.  Archbishop  Courtney's  Register  proceeds  to  give  a  very  long 
 process  against  heretics,  addressed  to  the  Bishop  of  London  ;  cf. 
 WilkinSj  iii.  158-165.] 
 
 XXXVIII. 
 
 LETTERS  PATENT  AGAINST  THE  LOLLARDS, 
 
 A.D.  1384. 
 
 1384.  Letters  patent  against  the  Lollards  were,  at  the  request  of  Arch- 
 
 bishop Courtney,  issued  by  the  king  in  July,  1382,  which  letters  ap- 
 plied to  the  province  of  Canterbury.  The  archbishop  followed  this 
 up  with  a  private  letter  to  his  suffragans.  In  December,  1384,  the 
 letters  patent  were  confirmed  and  extended  to  the  province  of  York 
 in  the  form  given  below. 
 
 [Tr.  Pat.  Roll,  8  Rich.  II,  pt.  i.  m.  7] 
 
 The  king  to  all  to  whom,  &c.,  greeting.  Know  ye  that 
 whereas  lately  the  venerable  Father  William,  archbishop  of 
 Canterbury,  primate  of  all  England,  informed  us  by  his 
 petition,  exhibited  to  us,  that  very  many  conclusions  con- 
 
 Concern- 
 ing the 
 arrest  of 
 certain 
 persons 
 preaching  ,    ,  .  •        i  i  j- 
 
 against  the  trary  to  sacred  doctrme,  and  notoriously  reaoundmg  to  the 
 
 Catholic      subversion  of  the  Catholic  faith  and  the  Holy  Church  and 
 Church.  .  .       ,.  ,  .  ,  .       ,  .  ^  .  , 
 
 his  province,  in  divers  places  within  the  province  aforesaid. 
 
xxxviii]      HISTORY  OF  THE  ENGLISH  CHURCH  iii 
 
 have  been  openly  and  publicly,  yet  damnably,  preached,  of  1384. 
 which  conclusions  some  were  by  sentence,  and  wholesomely, 
 declared  [and]  condemned  as  heresies,  but  others  as  errors, 
 by  the  Church,  good  and  mature  deliberation  being  first 
 had  thereon  by  the  common  counsel  of  the  archbishop  him- 
 self, and  of  very  many  of  his  suffragans,  doctors  of  theology, 
 and  other  clerks  learned  in  the  Holy  Scriptures.  Where- 
 upon we — supphcation  being  made  to  us  by  the  same  arch- 
 bishop, that  we  would  deign  to  stretch  forth  the  arm  of  our 
 royal  power  for  the  due  restraint  and  punishment  of  those 
 who  with  an  obstinate  mind  should  henceforth  wish  to 
 preach  or  maintain  the  conclusions  aforesaid — being  moved 
 by  zeal  for  the  Catholic  faith,  of  which  we  are  and  wish  to 
 be  defenders  in  all  things  as  we  are  bound,  being  unwilling 
 in  any  wise  to  tolerate  such  heresies  or  errors  springing  up, 
 have  within  the  limit  of  our  power  granted  authority  and 
 licence  by  our  letters  patent  to  the  archbishop  aforesaid 
 and  his  suffragans,  to  arrest  all  and  singular  those  who 
 should  wish  secretly  or  openly  to  preach  or  maintain  the 
 aforesaid  conclusions  so  condemned,  wherever  they  may  be 
 found,  and  commit  them,  at  pleasure,  to  their  own  prisons 
 or  [to  the  prisons]  of  others,  to  be  kept  in  the  same  until 
 they  repent  of  the  wickedness  of  their  errors  and  heresies,  or 
 [until]  it  be  otherwise  provided,  concerning  such  arrested 
 persons  by  us  or  our  counsel.  We  now,  from  zeal  for  the 
 same  faith,  willing  to  provide  for  the  restraint  and  due 
 punishment  of  all  those  who  would  perchance  preach  or 
 maintain  henceforth  the  aforesaid  conclusions  or  any  others 
 whatsoever  containing  heresy  or  error  within  the  province  of 
 York,  do  grant  and  commit  like  authority  and  licence  to 
 the  venerable  Father  Alexander,  archbishop  of  York,  and 
 each  of  his  suffragans  throughout  their  dioceses,  by  the 
 tenor  of  the  presents,  specially  commanding  thereupon  and 
 enjoining  all  and  singular  our  liege  ministers  and  subjects, 
 of  whatsoever  estate  or  condition  they  may  be,  who  are  held 
 
112  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xxxviii 
 
 1384.  to  us  by  faith  and  allegiance,  that  they  do  not  favour, 
 counsel,  or  aid  in  any  manner  the  maintainers  or  preachers 
 of  such  conclusions  so  condemned,  or  their  households, 
 under  forfeiture  of  all  things  which  can  be  forfeited  in  that 
 event,  but  obey,  be  obedient  to,  and  intendent  upon  the 
 aforenamed  Archbishop  of  York  and  his  suffragans  and 
 ministers  in  the  execution  of  the  presents ;  so  that,  without 
 disturbance,  due  and  open  publication  may  be  made  against 
 such  conclusions  and  their  maintainers,  in  order  that  the 
 defence  of  the  Catholic  faith  may  be  better  established. 
 In  witness  whereof  &c.  Witness  the  king  at  Westminster 
 on  the  8th  of  December. 
 
 XXXIX. 
 
 THE  SECOND  STATUTE  OF  PROVISORS, 
 A.  D    1390. 
 
 13  Richard  II,  stat.  2. 
 
 1390.  The  injustice  of  provision  had  been  admitted  as  early  as  the  daj's 
 
 of  Grosseteste  (a.  d.  1247),  who  procured  an  admission  from  Pope 
 Innocent  IV.  A  remonstrance  against  the  practice  is  heard  of  in  the 
 year  1343  (Walsingham,  i.  254-258).  In  1351  a  statute  was  made 
 forbidding  the  practice.  In  1390  the  following  Act  was  passed, 
 which  recites,  in  full,  the  statute  of  1351,  and  contains  additional 
 safeguards  against  provision.  In  1391,  a  proposal,  supported  by  the 
 king  and  the  Duke  of  Lancaster,  to  repeal  this  statute  was  rejected 
 by  Parliament  (Stubbs,  Const.  Hist.  ii.  506;  iii.  324). 
 
 [Tr.  Statutes  of  the  Realm,  ii.  69.] 
 
 Effect  of         Item,  whereas  the  noble   King  Edward,  grandfather  of 
 *^^^^t^*^"*^  our  lord  the  kin?  that  now  is,  at  his  Parliament  holden  at 
 
 of  Provi-  .-        .  - 
 
 sors  of  25    Westminster  on  the  Octave  of  the  Purification  of  our  Lady, 
 Edw.  III.    |-]^g  five-and-twentieth  year  of  his  reign,  caused  to  be  re- 
 hearsed the  statute  made  at  Carlisle  in  the  time  of  King 
 Edward,   son  of  King  Henry,  touching  the  estate  of  the 
 
xxxix]    HISTORY  OF  THE  ENGLISH  CHURCH  113 
 
 Holy  Church  of  England  ;  the  said  grandfather  of  the  king  1390. 
 that  now  is,  by  the  assent  of  the  great  men  of  his  realm, 
 being  in  the  same  Parliament,  holden  the  said  five-and- 
 twentieth  year,  to  the  honour  of  God  and  of  Holy  Church, 
 and  of  all  his  realm,  did  ordain  and  establish,  that  the  free 
 elections  to  archbishoprics,  bishoprics,  and  all  other 
 dignities  and  benefices  elective  in  England,  should  hold 
 from  thenceforth  in  the  manner  as  they  were  granted  by  his 
 progenitors,  and  by  the  ancestors  of  other  lords,  founders ; 
 and  that  all  prelates  and  other  people  of  Holy  Church, 
 which  had  advowsons  of  any  benefices  of  the  gift  of  the 
 king,  or  of  his  progenitors,  or  of  other  lords  and  donors, 
 should  freely  have  their  collations  and  presentments ;  and 
 thereupon  a  certain  punishment  was  ordained  in  the  same 
 statute  for  those  who  accept  any  benefice  or  dignity  con- 
 trary to  the  said  statute  made  at  Westminster  the  said  twenty- 
 fifth  year,  as  is  aforesaid  ;  which  statute  our  lord  the  king 
 has  caused  to  be  recited  in  this  present  Parliament  at  the 
 request  of  his  Commons  in  the  same  Parliament,  the  tenor 
 whereof  is  such  as  hereafter  follows  : 
 
 Whereas  of  late  in  the  Parliament  of  Edward  of  good  Tenor  of 
 memory,  king  of  England,  grandfather  of  our  lord  the  king  ^^l^^^ 
 that  now  is,  in  the  twenty-fifth  year  of  his  reign,  holden  at 
 Carlisle,  the  petition  heard,  put  before  the  said  grandfather 
 and  his  council  in  the  said  Parliament  by  the  commonalty 
 of  the  said  realm,  containing :  That  whereas  the  Holy  Church 
 of  England  was  founded  [fomide]  in  the  estate  of  prelacy, 
 within  the  realm  of  England,  by  the  said  grandfather  and  Recital  of 
 his  progenitors,  and  the  earls,  barons,  and  other  nobles  of  \l^lXn 
 his  said  realm,  and  their  ancestors,  to  inform  them  and  the  Parlia- 
 people  of  the  law  of  God,  and  to  make  hospitalities,  alms,  ™^Edw.  I. 
 and  other  works  of  charity,  in  the  places  where  the  churches 
 were  founded  \  fonduzJoundesX  for  the  souls  of  the  founders,  Origin  and 
 
 '  -^  »y  J'  _  purpose  ot 
 
 their  heirs,  and  all  Christians  ;  and  certain  possessions,  as  religious 
 well  in  fees,  lands,  rents,  as  in  advowsons,  which  extend  to  founda- 
 
 '  '  '  tions. 
 
114  DOCUMENTS  ILLUSTRATIVE  OF  THE    [xxxxi 
 
 1390.      a  great  value,  were  assigned  by  the  said  founders  \ founders] 
 
 to  the  prelates  and  other  people  of  the  Holy  Church  of  the 
 
 Voidances  said  realm,  to  sustain  the  same  charge,  and  especially  of  the 
 
 sentme^nts  Possessions  which  were  assigned  to  archbishops,  bishops,  ab- 
 
 to  bene-      bots,  priors,  religious,  and  all  other  people  of  Holy  Church, 
 
 "^'  by  the  kings  of  the  said  realm,  earls,  barons,  and  other  great 
 
 men  of  his  realm ;  the  same  kings,  earls,  barons,  and  other 
 
 nobles,  as  lords  and  advowees,  have  had  and  ought  to  have 
 
 the  custody  of  such  voidances,  and  the  presentments  and 
 
 the  collations  of  the  benefices  being  of  such  prelacies. 
 
 The  Pope        And  the  said  kings  in  times  past  were  wont  to  have  the 
 
 bestows      greatest  part  of  their  council,  for  the  safeguard  of  the  realm, 
 
 benefices    when   they  had  need,  of  such  prelates  and  clerks  so  ad- 
 
 on  aliens,    v^nced ;    the  pope  of  Rome,  accroaching  [accrochant]    to 
 
 him  the  seignories  of  such  possessions  and  benefices,  does 
 
 give  and  grant  the  same  benefices  to  aliens,  who  never  dwelt 
 
 in  England,  and  to  cardinals,  who  could  not  dwell  here^  and 
 
 to  others  as  well  aliens  as  denizens,  as  if  he  had  been  patron 
 
 or  advowee  of  the  said  dignities  and  benefices,  as  he  was 
 
 Inconveni-  not  of  right  by  the  law  of  England  ;  whereby  if  these  should 
 
 ences  en- 
 
 be  suffered,  there  would   scarcely  be  any  benefice  within 
 suing.  '  ■'  •'  ^ 
 
 a  short  time  in  the  said  realm,  but  that  it  should  be  in  the 
 hands  of  aliens  and  denizens  by  virtue  of  such  provisions, 
 against  the  good  will  and  disposition  of  the  founders  of  the 
 same  benefices  ;  and  so  the  elections  of  archbishops,  bishops, 
 and  other  religious  should  fail,  and  the  alms,  hospitalities, 
 and  other  works  of  charity,  which  should  be  done  in  the 
 said  places,  should  be  withdrawn,  the  said  grandfather,  and 
 other  lay-patrons,  in  the  time  of  such  voidances,  should  lose 
 their  presentments,  the  said  council  should  perish,  and  goods 
 without  number  should  be  carried  out  of  the  realm,  to  the 
 annulling  of  the  estate  of  the  Holy  Church  of  England,  and 
 disherison  of  the  said  grandfather,  and  the  earls,  barons, 
 and  other  nobles  of  the  said  realm,  and  in  offence  and  de- 
 struction of  the  laws  and  rights  of  his  realm,  and  to  the 
 
xxxix]   HISTORY  OF  THE  ENGLISH  CHURCH  115 
 
 great  damage  of  his  people,  and  in  subversion  of  all  the  laoo. 
 estate  of  all  his  said  realm,  and  against  the  good  disposition 
 and  will  of  the  first  founders,  by  the  assent  of  the  earls, 
 barons,  and  other  nobles,  and  of  all  the  said  commonalty, 
 at  their  instant  request,  the  damage  and  grievances  afore- 
 said being  considered  in  the  said  full  Parliament,  it  was 
 provided,  ordained,  and  established,  that  the  said  oppres-  Provision 
 sions,  grievances,  and   damao;es  in   the   same   realm    from  t^^^JL"^^*^ 
 
 '    ^  '  °  in  Parlia- 
 
 henceforth  should  not  be  suffered  in  any  manner.  ment  of 
 
 And  now  it  is  shown  to  our  lord  the  king  in  this  present  35  Edw.  I. 
 Parliament  holden  at  Westminster,   on  the  Octave  of  the 
 Purification   of  Our  Lady,   the   five-and-twentieth   year   of 
 his  reign  of  England,   and  the   twelfth  of  France,  by  the 
 grievous  complaint  of  all  the  commons  of  his  realm,  that  the 
 grievances  and  mischiefs  aforesaid  do  daily  abound,  to  the 
 greater  damage  and  destruction  of  all  the  realm  of  England, 
 more  than  ever  were  before,  viz.  that  now  anew  our  holy  The  pope 
 father  the  pope,  by  procurement  of  clerks  and  otherwise,  has  P^"^i 
 reserved,  and  does  daily  reserve  to  his  collation  generally  and  and  re- 
 especially,  as  well  archbishoprics,  bishoprics,  abbeys,  and  ^^'^^^Z  ^^^ 
 priories,  as  all  other  dignities  and  other  benefices  of  England,  to  himself, 
 which  are  of  the  advowson  of  people  of  Holy  Church,  and 
 gives  the  same  as  well  to  aliens  as  to  denizens,  and  takes 
 of  all  such  benefices  the  first-fruits,  and  many  other  profits, 
 and  a  great  part  of  the  treasure  of  the  said  realm  is  carried 
 away  and  dispended  out  of  the  realm,  by  the  purchasers  of 
 such  graces  aforesaid  ;  and  also  by  such  privy  reservations, 
 many  clerks,  advanced  in  this  realm  by  their  true  patrons, 
 which  have  peaceably  holden  their  advancements  by  long 
 time,  are  suddenly  put  out ;  whereupon  the  said  Commons 
 have  prayed  our  said  lord  the  king,  that  since  the  right 
 of  the  crown  of  England,  and  the  law  of  the  said  realm 
 is  such,  that  upon  the  mischiefs  and  damages  which  happen 
 to  his  realm,   he  ought,  and  is  bound  by  his  oath,  with 
 the  accord  of  his  people  in  his  Parliament  thereof,  to  make 
 
 I  2 
 
ii6 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [xxxix 
 
 1390. 
 
 The  causes 
 and  rea- 
 sons of 
 making 
 this  pre- 
 sent sta- 
 tute. 
 
 Elections 
 of  the 
 dignities 
 of  the 
 Church 
 shall  be 
 free,  as 
 they  were 
 founded. 
 
 Collations 
 and  pre- 
 sentations 
 shall  be 
 free. 
 
 Where  the 
 pope  pro- 
 vides the 
 king  shall 
 present. 
 
 remedy  and  law,  for  the  removing  of  the  mischiefs  and 
 damages  which  thereof  ensue,  that  it  may  please  him  to 
 ordain  remedy  therefor. 
 
 Our  lord  the  king,  seeing  the  mischiefs  and  damages 
 before  mentioned,  and  having  regard  to  the  said  statute 
 made  in  the  time  of  his  said  grandfather,  and  to  the  causes 
 contained  in  the  same ;  which  statute  holds  always  its 
 force,  and  was  never  defeated,  repealed,  nor  annulled  in 
 any  point,  and  insomuch  as  he  is  bound  by  his  oath 
 to  cause  the  same  to  be  kept  as  the  law  of  his  realm, 
 though  that  by  sufferance  and  negligence  it  has  been 
 since  attempted  to  the  contrary  ;  also  having  regard  to 
 the  grievous  complaints  made  to  him  by  his  people  in 
 divers  his  Parhaments  holden  heretofore,  willing  to  ordain 
 remedy  for  the  great  damages  and  mischiefs  which  have 
 happened,  and  daily  do  happen  to  the  Church  of  England 
 by  the  said  cause ;  by  the  assent  of  all  the  great  men  and 
 the  commonalty  of  the  said  realm,  to  the  honour  of  God, 
 and  profit  of  the  said  Church  of  England,  and  of  all 
 his  realm,  has  ordered  and  established :  that  the  free 
 elections  of  archbishops,  bishops,  and  all  other  dignities  and 
 benefices  elective  in  England,  shall  hold  from  henceforth 
 in  the  manner  as  they  were  granted  by  the  king's  progeni- 
 tors, and  the  ancestors  of  oiher  lords,  founders. 
 
 And  that  all  prelates  and  other  people  of  Holy  Church, 
 which  have  advowsons  of  any  benefices  of  the  king's  gift,  or 
 of  any  of  his  progenitors,  or  of  other  lords  and  donors,  to 
 do  divine  service,  and  other  charges  thereof  ordained,  shall 
 have  their  collations  and  presentments  freely  to  the  same, 
 in  the  manner  as  they  were  enfeoffed  by  their  donors.  And 
 in  case  that  reservation,  collation,  or  provision  be  made  by 
 the  court  of  Rome,  to  any  archbishopric,  bishopric,  dig- 
 nity, or  other  benefice,  in  disturbance  of  the  free  elections, 
 collations,  or  presentations  aforenamed,  that,  at  the  same 
 time  of  the  voidance,  as  such  reservations,  collations,  and 
 
xxxix]    HISTORY  OF  THE  ENGLISH  CHURCH  117 
 
 provisions  ought  to  take  effect,  our  lord  the  king  and  his  1390. 
 heirs  shall  have  and  enjoy,  for  the  same  time^  the  collations 
 to  the  archbishoprics,  bishoprics,  and  other  dignities  elec- 
 tive, which  be  of  his  advowson,  such  as  his  progenitors 
 had  before  that  free  election  was  granted ;  seeing  that  the 
 election  was  first  granted  by  the  king's  progenitors  upon 
 a  certain  form  and  condition,  as  to  demand  licence  of  the 
 king  to  choose,  and  after  the  election  to  have  his  royal 
 assent,  and  not  in  other  manner.  Which  conditions  not 
 being  kept,  the  thing  ought  by  reason  to  resort  to  its  first 
 nature. 
 
 And  if  any  such  reservation,  provision,  or  collation  be  So  in  cases 
 made  of  any  house  of  religion  of  the  king's  advowson,  in  gj^^'^^J^ 
 disturbance  of  free  election,  our  sovereign  lord  the  king,  religious 
 and  his  heirs,  shall  have,  for  that  time,  the  collation  to  give  ^^^^^^^^ 
 this  dignity  to  a  convenient  person.    And  in  case  that  colla-  fices  of  the 
 tion,    reservation,   or  provision  be   made  by  the  court  of^fthr"°" 
 Rome  to  any  church,  prebend,  or  other  benefice,  which  is  clergy, 
 of  the  advowson  of  people  of  Holy  Church,  whereof  the  king 
 is  advowee  paramount  immediate,  that  at  the  same  time 
 of  the  voidance,  at  which  time  the  collation,  reservation,  or 
 provision  ought  to  take  effect  as  is  aforesaid,  the  king  and 
 his  heirs  shall  thereof  have  the  presentation  or  collation 
 for  that  time — and  so  from  time  to  time,  whensoever  such 
 people  of  Holy  Church  shall  be  disturbed  of  their  present- 
 ments or  collations  by  such  reservations,  collations,  or  pro- 
 visions, as  is  aforesaid.     Saving  to  them  the  right  of  their  Saving 
 
 advowsons  and  their  presentments,  when   no  collation  or  ^^  ^" . 
 
 ^  '  there  is  no 
 
 provision  by  the  Court  of  Rome  is  made  thereof,  or  where  provision 
 that  the  said  people  of  Holy  Church  shall  or  will,  to  the  [J^^'^^^^'J^g 
 same  benefices,  present  or  make  collation ;    and  that  their  themselves 
 presentees  may  enjoy  the  effect  of  their  collations  or  present-  Present, 
 ments.     And  in  the  same  manner  every  other  lord,  of  what 
 condition  he  be,  shall  have  the  collations  or  presentments 
 to  the  houses  of  religion  which  are  of  his  advowson,  and 
 
ii8  DOCUMENTS  ILLUSTRATIVE  OF  THE    [xxxix 
 
 1390.      other    benefices    of   Holy    Church   which    pertain    to   the 
 Presenta-    same  houses.      And  if  such  advowees  do  not  present   to 
 kirn'  i"^        ^^^^  benefices  within   the  half-year  after  such  voidances, 
 default  of    nor  the  bishop  of  the  place  give  the  same  by  lapse  of 
 pations.       j.jj^^g  within  a  month  after  half  a  year,  that  then  the  king 
 shall  have  thereof  the  presentments  and  collations,  as  he 
 has  of  others  of  his  own  advowson  demesne. 
 Penalty  for      And   in  case  that   the   presentees  of  the  king — or  the 
 '^^"b'r       presentees  of  other  patrons  of  Holy  Church,  or  of  their 
 provisors.    advowees,  or  they  to  whom  the  king,  or  such  patrons  or 
 advowees  aforesaid,  have  given  benefices  pertaining  to  their 
 presentments  or  collations — be  disturbed  by  such  provisors, 
 so  that  they  may  not  have  possession  of  such  benefices  by 
 virtue  of  the  presentments  or  collations  to  them  made,  or 
 that  they  which  are  in  possession  of  such  benefices  be  im- 
 peached  upon    their   said   possessions    by   such    provisors, 
 then  the  said  provisors,  their  procurators,  executors,  and 
 notaries,  shall  be  attached  by  their  bodies,  and  brought  in  to 
 Imprison-    answer  ;  and  if  they  be  convicted,  they  shall  abide  in  prison 
 
 ment  on       without  being  let  to  mainprize  or  bail,  or  otherwise  delivered, 
 conviction.  o  r  :> 
 
 till  they  have  made  fine  and  ransom  to  the  king  at  his  will, 
 
 and  satisfaction  to  the  party  that  shall  feel  himself  grieved. 
 
 Surety         And  nevertheless  before  that  they  be  delivered,  they  shall 
 
 f^Th^^*"        niake  full  renunciation,  and  find  sufficient  surety  that  they 
 
 attempts,      will  not  attempt  such  things  in  time  to  come,  nor  sue  any 
 
 process  by  themselves,  nor  by  others,  against  any  man  in 
 
 the  said  court  of  Rome,  nor  in  any  part  elsewhere,  for  any 
 
 such  imprisonments  or  renunciations,  nor  any  other  thing 
 
 Outlawry,  depending   of    them.     And    in    case   that   such   provisors, 
 
 procurators,  executors,  or  notaries  be  not  found,  that  the 
 
 exigent  shall  run  against   them  by  due  process,   and  that 
 
 writs   shall  go    forth   to    take    their  bodies   wherever   they 
 
 be   found,   as  well   at    the  king's   suit,  as    at   the    suit   of 
 
 the  party. 
 
 h  iu"k  ^^^  ^^^^^  ^^  ^^^^  meantime  the  king  shall  have  the  profits 
 
xxxix]    HISTORY  OF  THE  ENGLISH  CHURCH  119 
 
 of  such  benefices  so  occupied  by  such  provisors,  except      1390. 
 
 abbeys,  priories,  and  other  houses,  which  have  colleges  or  the  profits 
 
 convents,  and  in  such  houses  the  colleges  or  convents  shall  while 
 
 have  the  profits  ;  saving  always  to  our  lord  the  king,  and  to 
 
 all  other  lords,  their  old  right. 
 
 And  this  statute  shall  hold  good  as  well  as  to  reservations,  Date  at 
 
 collations,  and  provisions  made  and  granted  in  times  past  ^^^^^^  ^^^ 
 
 against   all   them   which    have   not   yet  obtained  corporal  Edw.  Ill, 
 
 possession  of  the  benefices  granted  to  them  by  the  same  ^^^^  ^^" 
 
 cited,  was 
 
 reservations,  collations,  and  provisions,  as  against  all  others  to  com- 
 in  time  to  come.  And  this  statute  ought  to  hold  place  and  "^^^<^^- 
 to  begin  at  the  said  octave. 
 
 Our  lord  the  king  that  now  is,  with  the  assent  of  the  great  For  all 
 men  of  his  realm,  being  in  this  present  Parliament,  has  or-  ^ofd  aft^e^r 
 dained  and  established,  that  for  all  archbishoprics,  bishop-  29  Jan. 
 rics,  and  other  dignities  and  benefices  elective,  and  all  other  J^^  ^^^j^    ' 
 benefices  of  Holy  Church,  which  began  to  be  void  in  deed  statute 
 the  twenty-ninth  day  of  January,  the  thirteenth  year  of  the  ^n^xecu-"^ 
 reign  of  our  lord  King  Richard  that  now  is,  or  after,  or  tiou. 
 which  shall  be  void  in  time  to  come  within  the  realm  of 
 England,  the  said  statute,  made  the  said  twenty-fifth  year, 
 shall  be  firmly  held  for  ever,  and  put  in  due  execution 
 from  time  to  time  in  all  manner  of  points.     And  if  any  do  Banish- 
 accept  a  benefice  of  Holy  Church  contrary  to  this  statute,  [J^^gg"  ^lo 
 and  that  duly  proved,  and  be  beyond  the  sea,  he  shall  abide  accept 
 exiled  and  banished  out  of  the  realm  for  ever,  and  his  lands  t>enefices 
 
 '  contrary 
 
 and  tenements,  goods  and  chattels  shall  be  forfeited  to  the  to  this 
 king ;  and  if  he  be  within  the  realm,  he  shall  be  also  exiled  statute. 
 and  banished,  as  is  aforesaid,  and  shall  incur  the  same  for- 
 feiture, and  take  his  way,  so  that  he  be  out  of  the  realm 
 within  six  weeks  next  after  such  acceptation.     And  if  any  The 
 receive  any  such  person  banished  coming  from  beyond  the  ^^^^  of  the 
 sea,  or  being  within  the  realm  after  the  said  six  weeks,  having  receivers, 
 knowledge  thereof,  he  shall  be  also  exiled  and  banished,  ['q^s^'^^'  ^f 
 and  incur  such  forfeiture  as  is  aforesaid.     And  that  their  offenders. 
 
I20  DOCUMENTS  ILLUSTRATIVE   OF  THE    [xxxix 
 
 1390.      procurators,  notaries,  executors,  and  summoners  have  the 
 pain  and  forfeiture  aforesaid. 
 Saving  of        Provided  nevertheless,  that  all  they  for  whom  the  pope, 
 beneficed     qj.    j^jg    predecessors,    have    provided    any    archbishopric, 
 
 persons,  to  ^  ..  ir  r 
 
 whom  the    bishopric,   or   other  dignity,   or   other    benefices    of   Holy 
 
 pope  has     Church,   of  the  patrona^re   of  people  of  Holy  Church,  in 
 
 given  dig-  X  o  i       1  J 
 
 nitiesofthe  respect  of  any  voidance  before  the  said  twenty-ninth  day 
 
 Church.       Qf  January,  and  thereof  were  in  actual  possession  before 
 
 the  same  twenty-ninth  day,  shall  have  and  enjoy  the  said 
 
 archbishoprics,   bishoprics,  dignities,   and    other    benefices 
 
 peaceably  for  their  lives,  notwithstanding  the  statutes  and 
 
 The  ordinances  aforesaid.     And  if  the  king  send  by  letter,  or  in 
 
 penalty  of  other  manner,  to  the  court  of  Rome,  at  the  entreaty  of  anv 
 
 suing  at  ■  r  ^  -i  ^  1  ' 
 
 Rome  to     person,  or  if  any  other  send  or  sue  to  the  same  court,  where- 
 
 infnnge       ^y  anything  is  done  contrary  to  this  statute,  touching  any 
 thepurport     "^  ,  ,  .  ,  .      ,  .  ,  •        .•      •  ,         ,  /-  r  tt   i 
 
 of  this         archbishopric,  bishopric,  dignity,  or  other  benefice  ot  Holy 
 
 statute.  Church  within  the  said  realm,  if  he  that  makes  such 
 motion  or  suit  be  a  prelate  of  Holy  Church,  he  shall  pay  to 
 the  king  the  value  of  his  temporalties  for  one  year ;  and  if  he 
 be  a  temporal  lord,  he  shall  pay  to  the  king  the  value  of  his 
 lands  and  possessions  not  moveable  for  one  year ;  and  if  he 
 be  another  person  of  a  more  mean  estate,  he  shall  pay  to 
 the  king  the  value  of  the  benefice  for  which  suit  is  made, 
 and  shall  be  imprisoned  for  one  year. 
 
 Saving  as        And  it  is  the  intent  of  this  statute,  that  of  all  dignities 
 
 to  bene-      ^^^  benefices  of  Holy  Church,  which  were  void  in  deed  the 
 
 noes  void  .  "^ 
 
 on,  but        said  twenty-ninth  day  of  January,  which  are  given,  or  to 
 
 collated,      ^yyhich  it  is  provided  by  the  apostolic  [see]  before  the  same 
 day  named,  twenty-ninth  day,  that  they  to  whom  such  gifts  or  provisions 
 be  made,  may  freely,  of  such  gifts  and  provisions,  sue  execu- 
 tion without  offence  of  this  statute.     Provided  always,  that 
 of  no  dignity  or  benefice  which  was  full  the  said  twenty- 
 •  ninth  day  of  January,  shall  any  man,  because  of  any  colla- 
 
 tion, gift,  reservation,  and  provision,  or  other  grace  of  the 
 apostolic  [see],  not  executed  before  the  said  twenty-ninth 
 
xxxix]    HISTORY  OF  THE  ENGLISH  CHURCH  121 
 
 day,  sue  thereof  execution,  upon  the  pains  and  forfeitures      1390. 
 contained  in  this  present  statute. 
 
 Also,  it  is  ordained   and    established,  that  if  any  man  Penalty  for 
 bring  or  send  within  the  realm,  or  the  king's  power,  any  bringing 
 
 ■'  summons, 
 
 summons,    sentences,    or   excommunications,    against    any  sentence 
 
 person,  of  what  condition  soever  he  be,  for  the  cause  of  <^c., against 
 1  .  .  •  r    ^  ■  -,  ^"y  person 
 
 making  motion,  assent,  or  execution  of  the  said  Statute  of  upon  the 
 
 Provisors,  he  shall  be  taken,  arrested,  and  put  in  prison,  and  Statute  of 
 
 Provisors 
 forfeit  all  his  lands  and  tenements,  goods  and  chattels  for 
 
 ever,  and  incur  the  pain  of  life  and  of  member.    And  if  any  The 
 
 prelate  make  execution   of  such  summons,   sentences,  or  penalty  of 
 
 excommunications,  that  his  temporalties  be  taken  and  abide  executing 
 
 in  the  king's  hands,  till  due  redress  and  correction  be  there-  ^^^  ^^"" 
 
 tence   &c 
 of  made.     And  if  any  person  of  less  estate  than  a  prelate,  ' 
 
 of  what  condition  soever  he  be,  make  such  execution,  he  shall 
 be  taken,  arrested,  and  put  in  prison,  and  have  imprison- 
 ment, and  make  fine  and  ransom  at  the  discretion  of  the 
 council  of  our  said  lord  the  king. 
 
 \_The  Kings   Writ  directing  proclamation  of  the  Statute^ 
 
 The  King  to  the  Sheriff  of  Kent,  greeting.  We  command 
 you,  firmly  enjoining,  that  without  delay  you  cause  to  be  read 
 and  on  our  behalf  publicly  proclaimed  and  to  be  firmly 
 kept  and  observed  according  to  the  form  of  the  statutes 
 and  ordinances  aforesaid,  certain  statutes  and  ordinances 
 by  us,  with  the  assent  of  the  nobles  and  commonalty  of 
 our  realm  of  England,  made  in  our  last  Parliament  holden 
 at  Westminster,  which  we  send  you  under  our  great  seal 
 in  open  form,  within  your  county,  in  places  where  it  may 
 be  most  expedient.  And  this  under  instant  peril  you  shall 
 in  no  wise  omit.  Witness  the  king  at  Westminster  the 
 fifteenth  day  of  May.  The  Hke  writs  were  directed  to  the 
 several  sheriffs  throughout  England. 
 
123  DOCUMENTS  ILLUSTRATIVE  OF  THE      [xl 
 
 XL. 
 
 THE   SECOND    STATUTE   OF   PR^MUNIRE, 
 A.  D.   1393. 
 
 16  Richard  II,  cap.  5. 
 
 1393.  After  the  first  Act  of  Praemunire   of   1353    {ante.   No.  XXXV), 
 
 an  Act  was  passed,  in  1365,  confirming  the  Statute  of  Provisors  [ante, 
 p.  102,  note),  bringing  suitors  in  the  papal  courts  within  the  Act  of 
 Praemunire.  The  following  Act,  passed  in  1393,  amplified  the  previous 
 Act  of  Praemunire. 
 
 [Tr.  Statutes  of  the  Realm,  ii.  84.] 
 
 The  Com-  Item,  whereas  the  Commons  of  the  realm  in  this  present 
 mons  peti-  Parhament  have  showed  to  our  redoubtable  lord  the  kins;, 
 
 tion  that  ,  .    .  .  , 
 
 recovery  of  grievously  complaining,  that  whereas  the  said  our  lord  the 
 presenta-     kins^,  and  all  his  liege  people,  ought  of  right,  and  of  old 
 
 tions  lies  ^  .  . 
 
 in  king's      time  were  wont,  to  sue  in  the  king's  court,  to  recover  their 
 
 court.  presentments  to  churches,  prebends,  and  other  benefices  of 
 
 Holy  Church,  to  the  which  they  had  right  to  present,  the 
 
 cognizance  of  plea,  of  which  presentment  belongs  only  to 
 
 the  king's   court   of  the  old  right  of  his  crown,  used  and 
 
 approved  in  the  time  of  all  his  progenitors  kings  of  Eng- 
 
 On  judg.     land  ;  and  when  judgment  shall  be  given  in  the  same  court 
 
 ment  there  upon  such  a  plea  and  presentment,  the  archbishops,  bishops, 
 
 spiritual      and  Other  spiritual  persons  which  have  institution  to  such 
 
 persons       benefice    within    their   jurisdiction,   are    bound,   and    have 
 
 must  make  1        i       i  • 
 
 institution  made  execution  of  such  judgments  by  the  kmg's  command- 
 conform-  nient  by  all  the  time  aforesaid  without  interruption  (for 
 ably  there-  •      \  i      , 
 
 to.  another  lay  person  cannot  make  such  execution),  and  also 
 
 Spiritual  are  bound  of  right  to  make  execution,  of  many  other  of  the 
 nuisT"^  king's  commandments,  of  which  right  the  crown  of  England 
 execute.      has  been  peaceably  seized,  as  well  in  the  time  of  our  said 
 
XL]    HISTORY  OF  THE  ENGLISH  CHURCH  123 
 
 lord  the  king  that  now  is,  as  in  the  time  of  all  his  proge-      1393. 
 nitors  till  this  day  :  the  king  s 
 
 But  now  of  late  divers  processes  are  made  by  the  holy  ^°'^"^^"  ^• 
 
 ihe  pope 
 
 father  the  pope,  and  censures   of  excommunication  upon  has  lately 
 certain  bishops  of  England,  because  they  have  made  execu-  excommu- 
 
 .  nicatedfor 
 
 tion  of  such  commandments,  to  the  open  disherison  of  the  executing 
 
 said  crown  and  destruction  of  our  said  lord  the  kin^  his  ^"^^ 
 
 sentences, 
 law,  and  all  his  realm,  if  remedy  be  not  provided. 
 
 And  also  it  is  said,  and  a  common  clamour  is  made,  that  The  pope 
 the  said  holy  father  the  pope  has  ordained  and  purposed  p^^teT^" 
 to  translate  some  prelates  of  the  same  realm,  some  out  of  translation 
 the    realm,    and    some    from    one    bishopric    to    another  ^i[)[o^JJ  ^^ 
 within  the  same  realm,  without  the  king's  assent  and  know-  their,  or 
 ledge,  and  without  the  assent  of  the  prelates,  which  so  shall  consent^  ^' 
 be  translated,  which  prelates  be  much  profitable  and  neces- 
 sary to  our  said  lord   the  king,  and  to  all  his  realm ;    by 
 which  translations,  if  they  should  be  suffered,  the  statutes  Suchtrans- 
 of  the  realm  would  be  defeated  and  made  void  ;   and  his  .f,^^°'^,      . 
 
 ^  illegal  and 
 
 said  liege  sages  of  his  council,    without   his   assent,    and  may  leave 
 against  his  will,  carried  away  and  gotten  out  of  his  realm,  j    Jf^J'^  c 
 and  the  substance  and  treasure  of  the  realm  shall  be  carried  council  and 
 away,  and  so  the  realm  be  destitute  as  well  of  council  as  of  substance, 
 
 -' '  and  make 
 
 substance,  to  the  final  destruction  of  the  same  realm  ;  and  the  crown 
 so  the  crown  of   Ent<land,  which  has  been  so  free  at  all  °^^"f'^"^ 
 
 °  '  _  _        — subject 
 
 times,  that  it  has  been  in  no  earthly  subjection,  but  im-  only  to 
 mediately  subject  to  God  in  all  things  touching  the  royalty  ^^^■'^^  ^^ 
 of  the  same  crown,  and  to  none  other,  should  be  submitted  the  pope, 
 to  the  pope,  and  the  laws  and  statutes  of  the  realm  by  him 
 defeated  and  avoided  at  his  will,  to  the  perpetual  destruction 
 of  the  sovereignty  of  our  lord  the  king,  his  crown,  and  his 
 royalty,  and  of  all  his  realm,  which  God  defend. 
 
 And  moreover,  the  Commons  aforesaid  say,  that  the  said  The  Com- 
 things  so  attempted  are  clearly  against  the  king's  crown  and  ™°e^to^^ 
 his  royalty,  used  and  approved  from  the  time  of  all  his  pro  assist  the 
 genitors ;  wherefore  they  and  all  the  liege  commons  of  the  '^"^  ^" 
 
124  DOCUMENTS  ILLUSTRATIVE   OF  THE     [xl 
 
 1393.      same  realm  will  stand  with  our  said  lord  the  king,  and  his 
 
 fence  ofhis  said  crown  and  his  royalty,  in  the  cases  aforesaid,  and  in 
 liberties,         n        ,  i  •  i  •        i  •  i    i  • 
 
 all  Other  cases  attempted  agamst  huii,  his  crown,  and  his 
 
 royalty  in  all  points,  to  live  and  to  die. 
 
 and  pray  And  moreover  they  pray  the  king,  and  require  him  by 
 
 him  to        ^^y  Qf  justice,  that  he  would  examine  all  the  lords  in  the 
 
 consult 
 
 Parliament  Parliament,  as  well  spiritual  as  temporal,  severally,  and  all 
 how  to        ^i^g  estates  of  the  Parliament,  how  they  think  of  the  cases 
 
 resist  such  .  . 
 
 usurpation,  aforesaid,  which  be  so  openly  against  the  king's  crown,  and 
 in  derogation  of  his  royalty,  and  how  they  will  stand  in  the 
 same  cases  with  our  lord  the  king,  in  upholding  the  rights 
 of  the  said  crown  and  royalty. 
 
 Answer  of       Whereupon  the  Lords  temporal  so  demanded,  have  an- 
 
 the  Lords    gwered  every  one  by  himself,  that  the  cases  aforesaid  are 
 
 temporal :  ■'  -^ 
 
 they  will     clearly  in  derogation  of  the  king's  crown,  and  of  his  royalty, 
 
 support  ^g  j^  jg  ^r^w  known,  and  has  been  for  a  lone;  time  known, 
 the  king.  '  .  °  . 
 
 and  that  they  will  be  with  the  same  crown  and  royalty  in 
 
 these  cases  specially,  and  in  all  other  cases  which  shall  be 
 
 attempted  against  the  same  crown  and  royalty  in  all  points 
 
 with  all  their  power. 
 
 The  Lords      And  moreover  it  was  demanded  of  the  Lords  spiritual 
 
 spiritual :     ^\^qyq  being,   and  the   procurators  of  others  being  absent, 
 
 neither       their  advice  and  will  in  all  these  cases  ;  which  lords,  that  is 
 
 d     "^th°^    to  say,  the  archbishops,  bishops,  and  other  prelates — being 
 
 pope's         in  the  said  Parliament  severally  examined,  making  protesta- 
 
 power  to     ^\qy\s  that  it  is  not  their  mind  to  deny  nor  affirm  that  our 
 
 excommu-  ■' 
 
 nicate  or  holy  father  the  pope  may  not  excommunicate  bishops,  nor 
 translate,  ^j^^^.  j-^^  j^^^y  make  translation  of  prelates  after  the  law  of  Holy 
 But  they  Church — answered  and  said,  that  if  any  executions  of  pro- 
 say  that  cesses  made  in  the  king's  court,  as  before  were  made,  by  any, 
 the  same  is  .  . 
 
 against  the  and  censures  of  excommunications    be  made  against  any 
 
 kings  bishops  of  England,  or  any  other  of  the  king's  liege  people, 
 
 dignity.       for  that  they  have  made  execution  of  such  commandments ; 
 
 and  that  if  any  executions  of  such  translations  be  made  of 
 
 .    any   prelates  of  the  same  realm,   which  prelates  be  very 
 
xl]    history  of  the  ENGLISH  CHURCH  125 
 
 profitable  and  necessary  to  our  said  lord  the  king,  and  to  1393. 
 his  said  realm,  or  that  the  sage  people  of  his  council,  with- 
 out his  assent,  and  against  his  will,  be  removed  and  carried 
 out  of  the  realm,  so  that  the  substance  and  treasure  of  the 
 realm  maybe  consumed, —  that  the  same  is  against  the  king 
 and  his  crown,  as  it  is  contained  in  the  petition  before 
 named. 
 
 And  likewise  the  same  procurators,  every  one  by  himself  The 
 examined  upon  the  said  matters,  have  answered  and  said  in  ^bsent^^  ° 
 the  name  of  and  for  their  lords,  as  the  said  bishops  have  said  prelates 
 and  answered,  and  that  the  said  Lords  spiritual  will  and  f "^'^^^  .°^ 
 
 '  y  _       their  pnn- 
 
 ought  to  be  with  the  king  in  these  cases  in  lawfully  main-  cipals  m 
 taininar  his  crown,  and  in  all  other  cases  touchina;  his  crown  ^'"^^^^ 
 
 ^  '  "  strain, 
 
 and  his  royalty,  as  they  are  bound  by  their  allegiance ; 
 
 Whereupon  our  said  lord  the  king,  by  the  assent  afore-  Therefore 
 said,  and  at  the  request  of  his  said  Commons,  has  ordained  ^j^^,^  ^j 
 and  established,  that  if  any  purchase  or  pursue,  or  cause  to  persons, 
 be  purchased  or  pursued,  in  the  court  of  Rome,  or  elsewhere,  fj  ^^^  ^^ 
 any  such  translations,  processes,  and  sentences  of  excom-  plaint 
 munication,  bulls,  instruments,  or  any  other  things  whatso-  ^g°p^Q^/  ' 
 ever,  which  touch  our  lord  the  king,  against  him,  his  crown,  ceeded 
 and  his  royalty,  or  his  realm,  as  is  aforesaid,  and  they  which  p^^"^     ^ 
 bring   [the   same]  within  the  realm,   or   receive   them,   or  munire. 
 make  thereof  notification,  or  any  other  execution  whatso- 
 ever within  the  same   realm  or  without,    that    they,   their 
 notaries,   procurators,  maintainers,  abettors,  favourers,  and 
 counsellors,  shall  be  put  out  of  the  king's  protection,  and 
 their  lands  and  tenements,  goods  and  chattels,  forfeited  to 
 our  lord  the  king  ;  and  that  they  be  attached  by  their  bodies, 
 if  they  may  be  found,  and  brought  before  the  king  and  his 
 council,  there  to  answer  to  the  cases  aforesaid,  or  that  process 
 be  made  against  them  by  Frcemunire  facias,  in  manner  as  it 
 is  ordained  in  other  statutes  concerning  provisors,  and  others 
 who  sue,  in  any  other  court,  in  derogation  of  the  royalty 
 of  our  lord  the  king 
 
126  DOCUMENTS  ILLUSTRATIVE   OF  THE   [xli 
 
 XLI. 
 
 THE   LOLLARD   CONCLUSIONS,    a.  d.    1394. 
 
 1394.  These  conclusions  are  said  to  have  been  presented  in  full  parlia- 
 
 ment by  the  Lollards  in  a  little  book  about  the  year  1394  ;  they  are 
 printed  in  the  Fasciculi  Zizaiiiortini ,  in  the  Master  of  the  Rolls 
 Series,  and  Canon  Shirley,  the  editor,  after  collation  of  the  existing 
 texts  of  the  Conclusions,  describes  them  as  in  some  places  unintel- 
 ligible {Fasc.  Ziz.  Introd.  p.  Ixxix).  Foxe  has  translated  them  in  his 
 Acts  and  Monuments,  iii.  203,  from  a  source  not  specified. 
 
 [Tr,  Fasciculi  Zizaiiiorum,  Rolls  Series,  pp.  360-369.    Cf.  Wilkins, 
 iii.  221.] 
 
 1.  Endow-  I.  That  when  the  Church  of  England  began  to  go  mad 
 rutneVair  ^^^^^  temporahties,  like  its  great  step-mother  the  Roman 
 true  virtue.  Church,  and  churches  were  authorized  by  appropriation  in 
 
 divers  places,  faith,  hope,  and  charity  began  to  flee  from  our 
 Church,  because  pride,  with  its  doleful  progeny  of  mortal 
 sins,  claimed  this  under  title  of  truth.  This  conclusion  is 
 general,  and  proved  by  experience,  custom,  and  manner  or 
 fashion,  as  you  shall  afterwards  hear. 
 
 2.  The  2.  That  our  usual  priesthood  which  began  in  Rome, 
 now^con-  Pretended  to  be  of  power  more  lofty  than  the  angels,  is  not 
 ferred  is  that  priesthood  which  Christ  ordained  for  His  apostles. 
 an^cTnot^"^^  This  conclusion  is  proved  because  the  Roman  priesthood  is 
 from            bestowed  with  signs,  rites,  and  pontifical  blessings,  of  small 
 
 ^^^  *  virtue,  nowhere  exemplified  in  Holy  Scripture,  because  the 
 bishop's  ordinal  and  the  New  Testament  scarcely  agree, 
 and  we  cannot  see  that  the  Holy  Spirit,  by  reason  of  any 
 such  signs,  confers  the  gift,  for  He  and  all  His  excellent 
 gifts  cannot  consist  in  any  one  with  mortal  sin.  A  corol- 
 lary to  this  is  that  it  is  a  grievous  play  for  wise  men  to  see 
 bishops  trifle  with  the  Holy  Spirit  in  the  bestowal  of  orders, 
 •    because  they  give  tl^e  tonsure  in  outward  appearance  in  the 
 
XLi]  HISTORY  OF  THE  ENGLISH  CHURCH  127 
 
 place  of  white  hearts^;  and  this  is  the  unrestrained  intro-      1394. 
 duction  of  antichrist  into  the  Church   to   give  colour  to 
 idleness. 
 
 3.  That  the  law  of  continence  enjoined  to  priests,  which  3-  Celibacy 
 was  first  ordained  to  the  prejudice  of  women,  brings  sodomy  gHevous 
 into  all  the  Holy  Church,  but  we  excuse  ourselves  by  the  sin. 
 Bible  because  the  decree  says  that  we  should  not  mention 
 
 it,  though  suspected.  Reason  and  experience  prove  this 
 conclusion  :  reason,  because  the  good  living  of  ecclesiastics 
 must  have  a  natural  outlet  or  worse ;  experience,  because 
 the  secret  proof  of  such  men  is  that  they  find  delight  in 
 women,  and  when  thou  hast  proved  such  a  man  mark  him 
 well,  because  he  is  one  of  them.  A  corollary  to  this  is  that 
 private  religions  and  the  originators  or  beginning  of  this  sin 
 would  be  specially  worthy  of  being  checked,  but  God  of 
 His  power  with  regard  to  secret  sin  sends  open  vengeance 
 in  His  Church. 
 
 4.  That  the  pretended  miracle  of  the  sacrament  of  bread  4-  The  pre- 
 drives  all  men,  but  a  few,  to  idolatry,  because  they  think  that  miracle  of 
 the  Body  of  Christ  which  is  never  away  from  heaven  could  the  Mass 
 by  power  of  the  priest's  word  be  enclosed  essentially  in  idolatry. 
 
 a  little  bread  which  they  show  the  people ;  but  God  grant 
 that  they  might  be  willing  to  believe  what  the  evangelical 
 doctor  says  in  his  Trialogus  (iv.  7),  that  the  bread  of  the 
 altar  is  habitually  the  Body  of  Christ,  for  we  take  it  that  in 
 this  way  any  faithful  man  and  woman  can  by  God's  law 
 perform  the  sacrament  of  that  bread  without  any  such 
 miracle.  A  final  corollary  is  that  although  the  Body  of 
 Christ  has  been  granted  eternal  joy,  the  service  of  Corpus 
 Christi,  instituted  by  Brother  Thomas  [Aquinas],  is  not  true 
 but  is  fictitious^  and  full  of  false  miracles.  It  is  no 
 wonder ;  because  Brother  Thomas,  at  that  time  holding 
 with  the  pope,  would  have  been  willing  to  perform  a  miracle 
 
 ^  The  Latin  runs  'loco  alborum  cervorum '  =  harts. 
 ^  '  pictum,'  qy.  'fictuin';   but  the  clause  is  corrupt. 
 
128  DOCUMENTS  ILLUSTRATIVE  OF  THE    [xli 
 
 1394.  with  a  hen's  Qgg ;  and  we  know  well  that  any  falsehood 
 openly  preached  turns  to  the  disgrace  of  Him  who  is  always 
 true  and  without  any  defect. 
 
 5.  Exor-  5.  That  exorcisms  and  blessings  performed  over  wine, 
 bened^c-  bread,  water  and  oil,  salt,  wax,  and  incense,  the  stones  of 
 tion  of  the  altar,  and  church  walls,  over  clothing,  mitre,  cross,  and 
 materia       piiarims'  Staves,    are   the   genuine   performance   of  necro- 
 
 things  IS       ^     ^  '  °  i 
 
 mere  mancy  rather  than  of  sacred  theology.     This  conclusion  is 
 
 jugglery,  proved  as  follows,  because  by  such  exorcisms  creatures  are 
 honoured  as  being  of  higher  virtue  than  they  are  in  their 
 own  nature,  and  we  do  not  see  any  change  in  any  creature 
 which  is  so  exorcized^  save  by  false  faith  which  is  the 
 principal  characteristic  of  the  Devil's  art.  A  corollary  :  that 
 if  the  book  of  exorcizing  holy  water,  read  in  church,  were 
 entirely  trustworthy  we  think  truly  that  the  holy  water  used 
 in  church  would  be  the  best  medicine  for  all  kinds  of 
 illnesses — sores,  for  instance ;  whereas  we  experience  the 
 contrary  day  by  day. 
 
 6.  No  man      6.  That  king  and  bishop  in  one  person,  prelate  and  judge 
 
 sjaouldhold  j^^  temporal  causes,  curate  and  officer  in  secular  office,  puts 
 
 clerical  and  /^  '  .        . 
 
 lay  offices   any  kingdom  beyond  good  rule.     This  conclusion  is  clearly 
 
 together,  proved  because  the  temporal  and  spiritual  are  two  halves  of 
 the  entire  Holy  Church.  And  so  he  who  has  applied  him- 
 self to  one  should  not  meddle  with  the  other,  for  no  one 
 can  serve  two  masters.  It  seems  that  hermaphrodite  or 
 ambidexter  would  be  good  names  for  such  men  of  double 
 estate.  A  corollary  is  that  we,  the  procurators  of  God  in 
 this  behalf,  do  petition  before  Parliament  that  all  curates, 
 as  well  superior  as  inferior,  be  fully  excused  and  should 
 occupy  themselves  with  their  own  charge  and  no  other. 
 
 7.  Masses  7.  That  special  prayers  for  the  souls  of  the  dead  offered 
 for  the         -j^  Q^j,  Church,  preferring  one  before  another  in  name,  are 
 
 dead  and  5  r  o  ' 
 
 houses  of  a  false  foundation  of  alms,  and  for  that  reason  all  houses 
 almsareon  Qf  ^j^iis  in  England  have  been  wrongly  founded.     This  con- 
 
 a  wrong  o  °  -' 
 
 foundation,  clusion  is  proved  by  two  reasons  :  the  one  is  that  meritorious 
 
XLi]      HISTORY  OF  THE  ENGLISH  CHURCH  129 
 
 prayer,  and  of  any  effect,  ought  to  be  a  work  proceeding      1394. 
 from  deep  charity,  and  perfect  charity  leaves  out  no  one,  ^  hundred 
 for  '  Thou  shalt  love  thy  neighbour  as  thyself.'     And  so  it  would 
 is  clear  to  us  that  the  gift  of  temporal  good  bestowed  on  suffice, 
 the  priesthood  and  houses  of  alms  is  a  special  incentive  to 
 private  prayer  which  is  not  far  from  simony.     For  another 
 reason  is  that  special  prayer  made  for  men  condemned  is 
 very  displeasing  to  God.     And  although  it  be  doubtful,  it 
 is  probable  to  faithful  Christian  people  that  founders  of  a 
 house  of  alms  have  for  their  poisonous  endowment  passed 
 over  for  the  most  part  to  the  broad  road.     The  corollary  is  : 
 effectual  prayer  springing  from  perfect  love  would  in  general 
 embrace  all  whom  God  would  have  saved;,  and  would  do 
 away  with  that  well-worn  way  or  merchandise  in   special 
 prayers  made  for  the  possessionary  mendicants  and  other 
 hired  priests,  who  are  a  people  of  great  burden  to  the  whole 
 realm,  kept  in  idleness  :  for  it  has  been  proved  in  one  book, 
 which  the  king  had,  that  a  hundred  houses  of  alms  would 
 suffice  in  all  the  realm,  and  from  this  would  rather  accrue 
 possible  profit  to  the  temporal  estate. 
 
 8.  That  pilgrimages,  prayers,  and  offerings  made  to  blind  8.  Pilgrim- 
 
 1  1  1      r   •  r  1  ^  ^ges  and 
 
 crosses  or  roods,  and  to  deaf  miages  of  wood  or  stone,  are  offerings  to 
 pretty  well  akin  to  idolatry  and  far  from  alms,  and  although  images  are 
 these  be  forbidden  and  imaginary,  a  book  of  error  to  the  lay 
 folk,  still  the  customary  image  of  the  Trinity  is  specially 
 abominable.  This  conclusion  God  clearly  proves,  bidding 
 alms  to  be  done  to  the  needy  man  because  they  are  the 
 image  of  God,  and  more  like  than  wood  or  stone ;  for  God 
 did  not  say,  '  let  us  make  wood  or  stone  in  our  likeness  and 
 image,'  but  man  ;  because  the  supreme  honour  which  clerks 
 call  latria  appertains  to  the  Godhead  only ;  and  the  lower 
 honour  which  clerks  call  dulia  appertains  to  man  and  angel 
 and  to  no  inferior  creature.  '  A  corollary  is  that  the  service 
 of  the  cross,  performed  twice  in  any  year  in  our  church,  is 
 full  of  idolatry,  for  if  that  should,  so  might  the  nails  and 
 
 K 
 
I30  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xli 
 
 1394.  lance  be  so  highly  honoured ;  then  would  the  hps  of  Judas 
 be  relics  indeed  if  any  were  able  to  possess  them.  But  we 
 ask  you,  pilgrim,  to  tell  us  when  you  offer  to  the  bones  of 
 saints  placed  in  a  shrine  in  any  spot,  whether  you  relieve 
 the  saint  who  is  in  joy,  or  that  almshouse  which  is  so  well 
 endowed  and  for  which  men  have  been  canonized,  God 
 knows  how.  And  to  speak  more  plainly,  a  faithful  Christian 
 supposes  that  the  wounds  of  that  noble  man,  whom  men 
 call  St.  Thomas,  were  not  a  case  of  martyrdom. 
 9.  Auricu-  9.  That  auricular  confession  which  is  said  to  be  so  neces- 
 lar  confes-  g       j.^  |.|^g  salvation  of  a  man,  with  its  pretended  power  of 
 
 sion  works         -' 
 
 greatharm.  absolution,  exalts  the  arrogance  of  priests  and  gives  them 
 opportunity  of  other  secret  colloquies  which  we  will  not 
 speak  of ;  for  both  lords  and  ladies  attest  that,  for  fear  of 
 their  confessors,  they  dare  not  speak  the  truth.  And  at  the 
 time  of  confession  there  is  a  ready  occasion  for  assignation 
 that  is  for  '  wooing,'  and  other  secret  understandings  leading 
 to  mortal  sins.  They  themselves  say  that  they  are  God's 
 representatives  to  judge  of  every  sin,  to  pardon  and  cleanse 
 whomsoever  they  please.  They  say  that  they  have  the  keys 
 of  heaven  and  of  hell,  and  can  excommunicate  and  bless, 
 bind  and  loose,  at  their  will,  so  much  so  that  for  a  drink, 
 or  twelve  pence,  they  will  sell  the  blessing  of  heaven  with 
 charter  and  close  warrant  sealed  with  the  common  seal. 
 This  conclusion  is  so  notorious  that  it  needs  not  any  proof. 
 It  is  a  corollary  that  the  pope  of  Rome,  who  has  given 
 himself  out  as  treasurer  of  the  whole  Church,  having  in 
 charge  that  worthy  jewel  of  Christ's  passion  together  with 
 the  merits  of  all  saints  in  heaven,  whereby  he  grants  pre- 
 tended indulgence  from  penalty  and  guilt,  is  a  treasurer 
 almost  devoid  of  charity,  in  that  he  can  set  free  all  that 
 are  prisoners  in  hell  at  his  will,  and  cause  that  they  should 
 never  come  to  that  place.  But  in  this  any  Christian  can 
 well  see  there  is  much  secret  falsehood  hidden  away  in  our 
 Church. 
 
XLi]     HISTORY  OF  THE  ENGLISH  CHURCH  131 
 
 10.  That  manslaughter  in  war,  or  by  pretended  law  of      1394. 
 justice  for  a  temporal  cause,  without  spiritual  revelation,  is  10.  War  is 
 expressly  contrary  to  the  New  Testament,  which  indeed  is  the  to  the  New 
 law  of  grace  and  full  of  mercies.    This  conclusion  is  openly  Testament, 
 proved  by  the   examples    of   Christ's   preaching    here    on 
 
 earth,  for  he  specially  taught  a  man  to  love  his  enemies,  and 
 to  show  them  pity,  and  not  to  slay  them.  The  reason  is 
 this,  that  for  the  most  part,  when  men  fight,  after  the  first 
 blow,  charity  is  broken.  And  whoever  dies  without  charity 
 goes  the  straight  road  to  hell.  And  beyond  this  we  know 
 well  that  no  clergyman  can  by  Scripture  or  lawful  reason 
 remit  the  punishment  of  death  for  one  mortal  sin  and  not 
 for  another  ;  but  the  law  of  mercy,  which  is  the  New  Testa- 
 ment, prohibits  all  manner  of  manslaughter,  for  in  the 
 Gospel :  '  It  was  said  unto  them  of  old  time.  Thou  shalt  not 
 kill.'  The  corollary  is  that  it  is  indeed  robbery  of  poor  folk 
 when  lords  get  indulgences  from  punishment  and  guilt  for 
 those  who  aid  their  army  to  kill  a  Christian  people  in  distant 
 lands  for  temporal  gain,  just  as  we  too  have  seen  soldiers 
 who  run  into  heathendom  to  get  them  a  name  for  the 
 slaughter  of  men ;  much  more  do  they  deserve  ill  thanks 
 from  the  King  of  Peace,  for  by  our  humility  and  patience 
 was  the  faith  multiplied,  and  Christ  Jesus  hates  and  threatens 
 men  who  fight  and  kill,  when  He  says :  '  He  who  smites 
 with  the  sword  shall  perish  by  the  sword.' 
 
 11.  That  the  vow  of  continence  made  in  our  Church  by  n.  Vows 
 women  who  are  frail  and  imperfect  in  nature,  is  the  cause  ^^^^^^  ^  ^ 
 of  bringing  in  the  gravest  horrible  sins  possible  to  human  women 
 nature,  because,  although  the  kiUing  of  abortive  children  ^^ 
 before  they  are  baptized  and  the  destruction  of  nature  by 
 
 drugs  are  vile  sins,  yet  connexion  with  themselves  or  brute 
 beasts  or  any  creature  not  having  life  surpasses  them  in 
 foulness  to  such  an  extent  as  that  they  should  be  punished 
 with  the  pains  of  hell.  The  corollary  is  that,  widows  and 
 such  as  take  the  veil  and  the  ring,  being  delicately  fed,  we 
 
 K  2 
 
132 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE    [xLi 
 
 1394.      could  wish  that  they  were  given  in  marriage,  because  we 
 
 cannot  excuse  them  from  secret  sins. 
 
 12.  Unne-        12.  That  the  abundance  of  unnecessary  arts  practised  in 
 
 cessary       ^^^  reahii  nourishes  much  sin  in  waste,  profusion,  and  dis- 
 
 arts  should  . 
 
 be  re-         guise.    This,  experience  and  reason  prove  in  some  measure, 
 
 strained,      because  nature  is  sufificient  for  a  man's  necessity  with  few 
 
 arts.    The  corollary  is  that  since  St.  Paul  says  :  '  having  food 
 
 and  raiment,  let  us  be  therewith  content,'  it  seems  to  us  that 
 
 goldsmiths  and  armourers  and  all  kinds  of  arts  not  necessary 
 
 for  a  man,  according  to  the  apostle,  should  be  destroyed  for 
 
 the  increase  of  virtue ;    because   although  these  two  said 
 
 arts  were  exceedingly  necessary  in  the  old  law,   the   New 
 
 Testament  abolishes  them  and  many  others. 
 
 These  con- 
 clusions 
 are  a  brief 
 summary 
 only. 
 
 Conclud- 
 ing verses. 
 
 This  is  our  embassy,  which  Christ  has  bidden  us  fulfil, 
 very  necessary  for  this  time  for  several  reasons.  And 
 although  these  matters  are  briefly  noted  here  they  are  how- 
 ever set  forth  at  large  in  another  book,  and  many  others 
 besides,  at  length  in  our  own  language,  and  we  wish  that  these 
 were  accessible  to  all  Christian  people.  We  ask  God  then 
 of  His  supreme  goodness  to  reform  our  Church,  as  being 
 entirely  out  of  joint,  to  the  perfectness  of  its  first  beginning. 
 
 [Foxe's  translation  of  soine  contemporary  verses  added 
 to  the  foregoing  document?\ 
 
 The  English  nation  doth  lament  of  these  vile  men  their 
 sin, 
 
 Which  Paul  doth  plainly  signify  by  idols  to  begin. 
 
 But  Gehazites  full  ingrate  from  sinful  Simon  sprung, 
 
 This  to  defend,  though  priests  in  name,  make  bulwarks 
 great  and  strong. 
 
 Ye  princes,  therefore,  whom  to  rule  the  people  God  hath 
 placed 
 
 With  justice'  sword,  why  see  ye  not  this  evil  great  de- 
 faced ? 
 
XLii]      HISTORY  OF  THE  ENGLISH  CHURCH  133 
 
 XLII. 
 
 THE   ACT   'DE    H^RETICO    COMBURENDO/ 
 
 A.  D.    1401. 
 
 2  Henry  IV,  cap.  15. 
 
 Letters  Patent  against  the  Lollards  had  been  issued  in  1382  and  1401. 
 1384  (vide  a)ite,  No.  XXXVIII),  but  the  following  Act  was  the  earliest 
 step  taken  by  Parliament  to  suppress  Lollardy.  The  Act  was  ex- 
 panded by  2  Henry  V,  Stat,  i,  cap.  7,  and  repealed  by  25  Henry  VIII, 
 cap.  14 ;  I  Edward  VI,  cap.  12,  revived  by  i  &  2  Philip  and  Mary, 
 cap.  8  {post.  No.  LXXIII),  and  repealed  by  i  Elizabeth,  cap.  i  {post, 
 No.  LXXIX),  and  29  Charles  II,  cap.  9. 
 
 [Tr.  Statutes  of  the  Realm,  ii.  125.] 
 
 Whereas  it  is  showed  to  our  sovereign  lord  the  king  on  The 
 behalf  of  the  prelates  and  clergy  of  his  realm  of  Ens;land  5^^'^°'J^ 
 
 ^  °  °  laith  ob- 
 
 in    this    present   Parliament,    that    although   the   Catholic  served  by 
 faith,  founded  upon  Christ,  and  by   His  apostles  and  the*^^^^"S^ 
 
 progeni- 
 
 Holy  Church    sufficiently  determined,   declared,    and   ap-  torsandthe 
 proved,  has  been   hitherto   by  good   and   holy  and   most  ^ightsand 
 
 .  liberties  of 
 
 noble  progenitors  of  our  sovereign  lord  the  king  in  the  said  theEnglish 
 
 realm,  amongst  all  the  realms  of  the  world,  most  devoutly  ^^"'',^^, 
 
 upheld  by 
 observed,  and  the  English  Church  by  his  said  most  noble  them. 
 
 progenitors  and  ancestors,  to  the  honour  of  God    and  of 
 
 the  whole  realm  aforesaid,  laudably  endowed,  and  in  her 
 
 rights  and  liberties  sustained,  without  that  that  the  same 
 
 faith  or  the  said  Church  was  hurt  or  grievously  oppressed,  or 
 
 else  disturbed  by  any  perverse  doctrine  or  wicked,  heretical, 
 
 or  erroneous  opinions  : 
 
 Yet   nevertheless    divers    false   and   perverse   people   of  The  false 
 
 a  certain  new  sect,  damnably  thinking  of  the  faith  of  the  doctrine  of 
 
 .  a  new  sect, 
 
 sacraments  of  the  Church  and  the  authority  of  the  same, 
 
 and,  against  the  law  of  God  and  of  the  Church,  usurping  the 
 
 office  of  preaching,  do  perversely  and  maliciously,  in  divers 
 
134  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xlii 
 
 1401.  places  within  the  said  realm,  under  the  colour  of  dissembled 
 holiness,  preach  and  teach  in  these  days,  openly  and  privily, 
 divers  new  doctrines  and  wicked,  heretical,  and  erroneous 
 opinions,  contrary  to  the  same  faith  and  blessed  determina- 
 tions of  the  Holy  Church. 
 Means  And  of  such  sect  and  wicked  doctrine  and  opinions,  they 
 
 taken  to      ^lake  unlawful  conventicles  and  confederacies,  they  hold 
 
 spread  this  .  -^ 
 
 false  and  exercise  schools,  they  make  and  write  books,  they  do 
 
 doctrine,     wickedly  instruct  and  inform  people,  and,  as  much  as  they 
 
 may,   excite   and  stir  them  to   sedition   and    insurrection, 
 
 and  make  great  strife  and  division  among  the  people,  and 
 
 do  daily  perpetrate  and  commit  other  enormities  horrible 
 
 to  be  heard,  in  subversion  of  the  said  Catholic  faith  and 
 
 doctrine  of  the  Holy  Church,  in  diminution  of  God's  honour, 
 
 and  also  in  destruction  of  the  estate,  rights,  and  liberties 
 
 of  the   said  English  Church;    by  which  sect  and  wicked 
 
 and  false  preachings,  doctrines,  and  opinions  of  the  said 
 
 false  and  perverse  people,  not  only  the  greatest  peril   of 
 
 souls,  but  also  many  more  other  hurts,  slanders,  and  perils, 
 
 which  God  forbid,  might  come  to  this  realm,  unless  it  be 
 
 the  more  plentifully   and   speedily   helped   by  the    king's 
 
 majesty  in  this  behalf,  namely : 
 
 Why  the        Whereas  the  diocesans  of  the  said  realm  cannot  by  their 
 
 bishops,  by  jurisdiction  spiritual,  without  aid  of  the  said  royal  majesty, 
 
 their 
 
 spiritual      sufficiently  correct  the  said  false  and  perverse  people,  nor 
 
 jurisdic-      refrain  their  malice,  because  the  said  false  and  perverse 
 
 not 'with-    people  go  from   diocese  to  diocese,  and  will  not  appear 
 
 out  the        before  the  said  diocesans,  but  the  same  diocesans  and  their 
 
 sufficiently  jurisdiction  spiritual,  and  the  keys  of  the  church,  with  the 
 
 correct        censures  of  the  same,  do  utterly  disregard  and  despise,  and 
 
 so  they  continue  and  exercise  their  wicked  preachings  and 
 
 doctrines,  from  day  to  day,  to  the  utter  destruction  of  all 
 
 order  and  rule  of  right  and  reason. 
 
 The  pre-         Upon  which  novelties  and  excesses  above  rehearsed,  the 
 
 ctergy  and  Prelates  and  clergy  aforesaid,  and  also  the  Commons  of  the 
 
XLii]     HISTORY  OF  THE  ENGLISH  CHURCH  135 
 
 said    realm   being   in   the  same  Parliament,  have  prayed      1401. 
 our  sovereign  lord  the  king,  that  his  royal  highness  would  Commons 
 vouchsafe  in  the  said  Parliament  to  provide  a  convenient  king  to  ^ 
 remedy  :  the  same  our  sovereign  lord  the  king — graciously  provide  a 
 considering  the  premises,  and  also  the  laudable  steps  of  his 
 said  most  noble  progenitors  and  ancestors,  for  the  conserva- 
 tion of  the  said  Catholic  faith,  and  sustentation  of  God's 
 honour,  and  also  the  safeguard  of  the  estate,  rights,  and 
 liberties  of  the  said  English  Church,  to  the  praise  of  God, 
 and  merit  of  our  said  sovereign  lord  the  king,  and  pros- 
 perity  and    honour   of    all    his    said   realm,   and    for   the 
 eschewing  of  such  dissensions,   divisions,   hurts,   slanders, 
 and  perils,   in  time  to  come,   and  that  this  wicked  sect, 
 preachings,  doctrines,  and  opinions  should  from  henceforth 
 cease  and  be  utterly  destroyed — by  the  assent  of  the  estates 
 and  other  discreet  men  of  the  realm,   being  in  the  said 
 Parliament,    has   granted,    stablished,    and   ordained   from 
 henceforth  firmly  to  be  observed :    That  none  within  the  The  king 
 said  realm,  or  any  other  dominions,  subject  to   his  ^^oy^^  ^"ent  ^'^ '^" 
 majesty,  presume  to  preach,  openly  or  privily,  without  the  hibit  un- 
 
 licence  of  the  diocesan  of  the  same  place  first  required  and  '^^"^^. 
 
 ^  ^  preaching. 
 
 obtained — curates  in  their  own  churches,  and  persons  hitherto  Except  by 
 privileged,  and  others  of  the  canon  law  granted,  only  except,  curates  in 
 And  that  none,  from   henceforth,  preach,  hold,  teach,  or  churches 
 instruct  anything,  openly  or  privily,  or  make  or  write  any  ^"<^  P^r- 
 
 sons 
 
 book  contrary  to  the  Catholic  faith  or  determination  of  the  hitherto 
 Holy  Church,  nor  that  any  of  such  sect  and  wicked  doctrines  privileged, 
 and  opinions  shall  make  any  conventicles^  or  in  any  wise  hold  pj.g"^h  qj. 
 or  exercise  schools.    And  also  that  none  from  henceforth  in  write 
 any  wise  favour  such  preacher,  or  maker  of  any  such  and  ^f^^olic 
 the  like  conventicles,  or  holding  or  exercising  schools,  or  faith,  or 
 making  or  writing  such  books,  or  so  teaching,   informing,  pj-^^chers 
 or  exciting  the  people,  nor  them,  nor  any  of  them,  maintain  or  teachers 
 or  in  any  wise  sustain.  against  it. 
 
 And  that  all  and  singular  having   such    books  or  any  heretlca"^ 
 
136  DOCUMENTS  ILLUSTRATIVE   OF  THE     [xlii 
 
 1401.      writings  of  such  wicked  doctrine  and  opinions,  shall  really, 
 
 writings  to  ^,jj-|-^  effect  deliver,  or  cause  to  be  delivered,  all  such  books 
 deliver  ,         ,.  r     1  i  •  l- 
 
 same,with-  and  writings    to   the  diocesan   of  the    same   place  within 
 
 in  forty  f^j-j-y  ^^^^  fj-Q^-^^  the  time  of  the  proclamation  of  this  ordi- 
 days.tothe  ^        ^     ,  s      ^     -r  c 
 
 diocesan,     nance   and    statute.      And   if  any  person    or   persons,    or 
 
 Persons  whatsoever  kind,  estate,  or  condition  he  or  they  be,  from 
 of  ownint  henceforth  do  or  attempt  against  the  royal  ordinance 
 same  and  Statute  aforesaid,  in  the  premises  or  in  any  of  them,  or 
 
 so  deliver-  ^^^^  books,  in    form    aforesaid,  do    not  deliver,  then  the 
 ing,  to  be    diocesan  of  the  same  place,  in  his  diocese,  such  person  or 
 and  pro-     P^rsons,  in  this  behalf  defamed  or  evidently  suspected,  and 
 ceeded        every  of  them,  may,  by  the  authority  of  the  said  ordinance 
 ^f^\'!f\o  "^  and  statute,  cause  to  be  arrested,  and  under  safe  custody  in 
 his  prisons  to  be  detained,  till  he  or  they,  of  the  articles  laid 
 to  him  or  them  in  this   behalf,  canonically  purge  him  or 
 themselves,  or  else  such  wicked  sect,  preachings,  doctrines, 
 and    heretical  and    erroneous    opinions   abjure,    according 
 as  the  laws   of  the  Church  do  require ;    so  that  the  said 
 diocesan,  by  himself  or  his  commissaries,  do  openly  and 
 judicially  proceed  against  such   persons    so  arrested    and 
 remaining  under  his  safe  custody  to  all  effect  of  the  law, 
 and  determine  that  same  business,  according  to  the  canonical 
 decrees,  within  three  months  after  the  said  arrest,  any  lawful 
 impediment  ceasing. 
 Persons  And  if  any  person,  in  any  case  above  expressed,  be,  before 
 
 callv'con-  ^^^  diocesan  of  the  place,  or  his  commissaries,  canonically 
 victed  to  convicted,  then  the  same  diocesan  may  cause  to  be  kept  in 
 nrisonVr"  ^^^  prison  the  said  person  so  convicted  according  to  the 
 be  deliver-  manner  of  his  default,  and  after  the  quality  of  the  offence, 
 secular  ^  according  and  as  long  as  to  his  discretion  shall  seem  expe- 
 court.  dient,  and  moreover  put  the  same  person  to  pay  a  pecuniary 
 
 fine  to  the  lord  the  king,  except  in  cases  where  he,  accord- 
 ing to  the  canonical  decree,  ought  to  be  left  to  the  secular 
 court,  according  as  the  same  fine  shall  seem  competent  to  the 
 diocesan,  for  the  manner  and  quality  of  the  offence,  in  which 
 
XLii]      HISTORY  OF  THE  ENGLISH  CHURCH  137 
 
 case  the  same  diocesan  shall  be  bound  to  certify  the  king      1401.    . 
 of  the  same  fine  in  his  exchequer  by  his  letters   patent 
 sealed  with  his  seal  to  the  effect  that  such  fine,  by  the  king's 
 authority,  may  be  required  and  levied  to  his  use  of  the 
 goods  of  the  same  person  so  convicted. 
 
 And  if  any  person  within  the  said  realm  and  dominions,  Officers  of 
 upon  the  said  wicked  preachings,  doctrines,  opinions,  schools,  secular 
 and  heretical  and  erroneous  informations,  or  any  of  them,  be,  receiveand 
 before  the  diocesan  of  the  same  place,  or  his  commissaries,  P^bhcly 
 
 burn  those 
 
 convicted  by  sentence,  and  the  same  wicked  sect,  preachings,  convicted 
 doctrines  and  opinions,  schools  and  informations,  do  refuse  ^^  J^^.     . 
 
 '■  '  eccJesiasti- 
 
 duly  to  abjure,  or  by  the  diocesan  of  the  same  place,  or  his  cal  courts 
 commissaries,  after  abjuration  made  by  the  same  person,  of  refusing 
 
 '  •'  ■'  ^  to  abjure 
 
 be  pronounced   relapsed,  so   that   according   to   the   holy  their 
 canons  he  ought  to  be  left  to  the  secular  court,  whereupon  heresy,  or 
 
 °  01  relaps- 
 
 credence  shall  be  given  to  the  diocesan  of  the  same  place,  ing  into  it. 
 or  to  his  commissaries  in  this  behalf — then  the  sheriff  of 
 the  county  of  the  same  place,  and  the  mayor  and  sheriff  or 
 sheriffs,  or  mayor  and  bailiffs  of  the  city,  town,  or  borough  of 
 the  same  county  nearest  to  the  same  diocesan  or  the  said 
 commissaries,  shall  be  personally  present  in  preferring  of  such 
 sentences,  when  they,  by  the  same  diocesan  or  his  commis- 
 saries, shall  be  required :  and  they  shall  receive  the  same  per- 
 sons and  every  of  them,  after  such  sentence  promulgated,  and 
 them,  before  the  people,  in  a  high  place  [emi?ie?iti]  cause  to  be 
 burnt,  that  such  punishment  may  strike  fear  to  the  minds  of 
 others,  whereby  no  such  wicked  doctrine  and  heretical  and 
 erroneous  opinions,  nor  their  authors  and  favourers  in  the 
 said  realm  and  dominions,  against  the  Cathohc  faith,  Christian 
 law,  and  determination  of  the  Holy  Church  be  sustained 
 (which  God  forbid),  or  in  any  wise  suffered.  In  which  all 
 and  singular  the  premises  concerning  the  said  ordinance  and 
 statute,  the  sheriffs,  mayors,  and  bailiffs  of  the  said  counties, 
 cities,  boroughs,  and  towns  shall  be  attending,  aiding,  and 
 supporting,  to  the  said  diocesan  and  his  commissaries. 
 
138  DOCUMENTS  ILLUSTRATIVE  OF  THE      [xliii 
 
 XLIII. 
 
 THE    ROYAL   WRIT    FOR   THE    BURNING   OF 
 SAWTRE,  A.D.  1401. 
 
 1401.  Whilst  the  Bill  De  Hceretico  was  before  Parliament,  and  apparently 
 
 before  it  became  law,  Convocation  instituted  proceedings  against 
 Sawtre.  On  February  24  he  was  degraded  by  that  assembly,  and  on 
 February  26  the  following  royal  writ  was  issued  for  his  execution. 
 
 [Tr.  Close  Roll,  2  Hen.  IV,  pt.  i.  m.  6.] 
 
 Sawtre,  The  king  to  the  mayor  and  sheriffs  of  London,  greeting. 
 
 having        Whereas  the  venerable  father  Thomas,  archbishop  of  Canter- 
 been  con-  '  '■ 
 
 demnedin  bury,  primate  of  all  England,  and  legate  of  the  Apostolic 
 ^P^P;         See,  with  the  consent  and  assent  and  advice  of  his  fellow- 
 
 vincial  ,  .  r  .  -,  , 
 
 council,  bishops  \co-episcoporum\  and  suffragan  brethren  yconfratrum 
 S2iffraganeorum\  and  also  of  all  the  clergy  of  his  province, 
 in  his  provincial  council  assembled,  the  order  of  his  right 
 in  this  respect  required  having  been  duly  observed  in  all 
 particulars,  has  by  his  definitive  sentence  pronounced  and 
 and  having  declared  William  Sawtre,  formerly  chaplain— who  was  con- 
 abjured       demned  for  heresy,  and  who  aforetime  abjured,  in  form  of 
 
 and  again  iir-ii  ^  r  -ii 
 
 relapsed,  l^w,  and  has  [nowj  relapsed  unto  the  aforesaid  heresy — to 
 be  a  manifest  heretic,  and  decreed  that  he  should  be  de- 
 graded, and  for  that  cause  has  actually  \rea/ifer\  degraded 
 him  from  all  his  position  and  clerical  privilege,  and  has 
 decreed  that  the  same  William  be  left  to  the  secular 
 court,  and  has  actually  left  him  according  to  the  laws 
 and  canonical  sanctions  enacted  in  that  behalf,  and  Holy 
 Mother  Church  has  nothing  further  to  do  in  the  premises : 
 We  therefore — zealous  for  justice  and  a  cherisher  of 
 the  Catholic  faith,  willing  to  maintain  and  defend  Holy 
 Church,  and  the  rights  and  liberties  of  the  same,  and  to 
 extirpate  radically  such  heresies  and  errors  from  our  king- 
 •    dom  of  England,  as  much  as  in  us  lies,  and  to  punish  with 
 
XLiv]      HISTORY  OF  THE  ENGLISH  CHURCH  139 
 
 condign  chastisement  heretics  so  convicted,  and  considering      1401. 
 that  such  heretics  so  convicted  and  condemned  in  the  form 
 aforesaid  ought  to  be  burnt  in  the  flames,  according  to  law 
 divine  and  human,  and  the  canonical  institutes  customary  in 
 that  behalf — as  straitly  as  we  are  able,  firmly  enjoining,  is  to  be 
 command  you  that  the  aforesaid  Wilham,  being  in  vour  ^^^^*  \^,. 
 
 •^  '  o  y  any  public 
 
 custody,  be  committed  to  the  fire  in  any  public  and  open  open  place 
 place,  within  the  liberty  of  the  city  aforesaid,  by  reason  of  ^}^^^^  ^^^ 
 the  premises,  and  that  you  cause  him  to  be  actually  [realtte?'] 
 burnt  in  the  same  fire,  in  detestation  of  such  crime,  and  to 
 the  manifest  example  of  other  Christians  ;  and  this  you  shall  ^s  an  ex- 
 in  no  wise  omit  under  instant  peril.     Witness  ourself  at  ©tliers 
 Westminster  the  26th  day  of  February. 
 
 By  the  king  himself  and  the  council  in  Parliament. 
 
 XLIV. 
 
 REMONSTRANCE    AGAINST    THE    LEGATINE 
 POWERS    OF    CARDINAL   BEAUFORT, 
 
 A.  D.    1428. 
 
 The  following  document,  referring  to  an  objection  taken  against  the       1428. 
 legatine  powers  of  Cardinal  Beaufort,  is  printed  by  Foxe  {Ads  and 
 Monuments,  iii.  p.  719).     It  bears  internal  marks  of  genuineness,  e.g. 
 the  name  of  the  clerk  of  the  council.     Foxe  obtained  it  from  an  old 
 book  in  the  possession  of  a  certain  Master  Bowyer. 
 
 [Tr.  Foxe  as  above.] 
 
 In  the  name  of  God,   Amen.     By  the   present   public  Richard 
 instrument  let  it  clearly  appear  to  all  that  in  the  year  of  our    ^dercom- 
 Lord  1428-9,  in  the  seventh  indiction,  in  the  pontificate  of  mission 
 our  holy  father  in  Christ  and  lord,  the  lord  Martin,  &c.,  ^ss^^^t'S 
 I,   Richard  Caudry  \  proctor,   and  under  proctorial  com-  the  Privy 
 mission  of  the  most  Christian  prince  the  lord  Henry,  by  the  ^je^lares 
 
 ^  Mentioned  as  clerk  of  council  in  1423.     Vide  Acts  and  Ordinances 
 of  the  Privy  Council. 
 
I40  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xliv 
 
 1428.      grace  of  God  king  of  England  and  France,  and  lord   of 
 Ireland,  my  supreme  lord,  with  the  assent  also  and  advice 
 of  the  illustrious  and  puissant  prince  Humphry,  duke  of 
 Gloucester,  earl  of  Pembroke,  protector  and  defender  of  the 
 .  kingdom   of  England  and   the   English   Church,   and   the 
 rest,  my  lords  of  his  highness'  royal  council,  and  doing  his 
 counsel  and  representing  him  in  this  behalf,  do  declare, 
 allege,  and  set  forth  in  these  writings,  that  the  said  most 
 Christian  prince,  my  supreme  lord,  and  his  most  renowned 
 ancestors,  kings  of  the  said  kingdom  of  England,  as  well  by 
 special   privilege  as  by  laudable   and   lawfully  prescribed 
 custom,  peacefully  and  without  let  observed  from  time  to 
 time,   of  which  the  memory  of  man   runneth  not  to  the 
 contrary,  were  and  are  sufficiently  endowed  and  lawfully 
 that  no       protected  that  no  legate  of  the  Apostolic  See  ought  to  come 
 shmild        ^'^^^  iheix  kingdom  of  England  or  other  their  lands  and 
 come  un-     dominions,  save  at  the  bidding,  asking,  request,  invitation, 
 ^he^domi-°  °^  entreaty  of  the  king  of  England  for  the  time  being, 
 nionsofthe  And  the  said  most  Christian  prince,  my  supreme  lord,  and 
 Enfland      ^^^^  renowned  ancestors,  kings  of  England,  have  been  and  are 
 in  possession  of  the  right  and  privilege  and  custom  aforesaid 
 without  any  interruption  through  all  the  whole  time  afore- 
 said, peacefully  and  quietly,  the  Roman  pontiffs  throughout 
 all  the  time  aforesaid  knowing  all  and  singular  the  premises, 
 suffering  and  consenting  to  the  same  as  well  silently  as 
 expressly,  and  without  any  manner  of  possession  as  of  right 
 or  fact  of  sending  such  legate,   as  is  aforesaid,  into  the 
 kingdom  of  England,  or  any  other  his  lands  and  dominions, 
 save  at  the  bidding,  asking,  request,  and  entreaty  of  the 
 king  of  England  for  the  time  being ;  and  because  the  most 
 Wherefore  reverend  father  in  Christ  and  Doctor  of  Divinity,  Henry,  by 
 the  intru-    ^j^     grace  of  God  priest  of  St.  Eusebius,  cardinal  of  the 
 
 sion  of  ^  ^  ' 
 
 Cardinal  Holy  Roman  See,  asserting  that  he  is  legate,  has,  after 
 Beaufort  ^^^^  manner  of  a  legate,  using  the  insignia  of  apostolic 
 ing  is  here- dignity,   without    bidding,    asking,    request,    invitation,    or 
 
XLv]      HISTORY  OF  THE  ENGLISH  CHURCH  141 
 
 entreaty  of  the   most  Christian    lord  our  king   aforesaid,      1428. 
 actually  entered  the  renowned  kingdom  of  England — there-  by  pro- 
 fore  I  openly  protest,  and  by  public  commission  in  these  ao-ainst 
 writings  and  on  behalf  of  the  above  and  all  the  subjects  of 
 the  same  our  lord  the  king,  that  it  has  not  been  and  is  not 
 the  intention  of  the  afore-named  most  Christian  prince,  my 
 supreme  lord,  and  the  said  my  lords  of  the  council,  to  ratify 
 by  authority  or  approve,  to  the  derogation  of  the  laws,  rights, 
 customs,  liberties,  and  privileges  of  the  said  our  lord  the 
 king  and  the  kingdom,  the  entrance  of  such  the  said  most 
 reverend  father  as  legate  into  England,  or  in  any  wise  at  all  nor  must 
 to  admit  or  reco2;nize  the  same  as  legate  of  the  Apostohc  ,  ^^  ^'^"." 
 
 °  ^^  '^     _  be  admit- 
 
 See  in  England,  contrary  to  the  laws,  rights,  customs,  liber-  ted,  nor  his 
 
 acts  be 
 allowed. 
 
 ties,  and  privileges  aforesaid,  or  any  wise  to  consent  to  the  ^^^^  °^ 
 
 exercise  of  his  legation  or  any  other  or  anything  done  or  to 
 be  done,  attempted  or  to  be  attempted,  by  the  same  as 
 legate  of  the  Apostolic  See  contrary  to  the  premises,  the 
 laws,  rights,  customs,  liberties,  and  privileges,  but  rather  to 
 dissent,  and  the  said  our  lord  the  king  does  so  dissent 
 and  the  said  my  lords  of  the  council  dissent  by  the 
 presents,  Ike. 
 
 [a.d.  1414.  The  important  and  lengthy  censure  of  Church  irregu- 
 larities sent  by  the  University  of  Oxford  to  the  king  will  be  found  in 
 Wilkins.  Concil.  iii.  360-365.  A  summary  is  given  by  Archdeacon 
 Perry,  i.  501.] 
 
 XLV. 
 
 ARCHBISHOP  BOURCHIER'S  COMMISSION   FOR 
 REFORMING    THE    CLERGY,  a.d.   1455. 
 
 This  commission  was  issued  by  Abp.  Bourchier  in  the  year  follow-       1455. 
 ing  his  appointment  to  the  primacy. 
 
 [Tr.  Reg.  Bourchier,  fol.  4  b.     Cf  Wilkins,  iii.  573.] 
 
 Thomas,  by  Divine  permission,  &c.,  to  our  beloved  in 
 Christ,  Master  David  Blodwell,  our  commissary-general  for 
 
142  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xlv 
 
 1455.  Canterbury,  greeting  and  benediction.     The  constant  and 
 
 Certain  noisy  clamour  of  many,  and  public  report,  and  the  notoriety 
 
 clergy  of  the  fact  spreading  it,  it  has  now  lately  reached  our  ears, 
 
 have  for-  j^q|.  ^yithgut   grievous    bitterness  of  heart,   that   there  are 
 
 gotten  the  ... 
 
 obligations  some  within  our  diocese  of  Canterbury,  under  the  profession 
 of  their       Qf  iiionastic  observance,  who  have  got  possession  of  parish 
 churches  and  their  perpetual  vicarages,   under  pretext  of 
 certain  pretended  apostolic  letters,  and  having  scorned  and 
 discarded  their  regular  habit,  or  at  all  events  contrary  to  the 
 manner  of  their  religion,  abandon  the  same  secretly  under 
 secular  garb,  some  of  whom  also  wear  a  habit  of  inconsis- 
 tent fashion,  and  go  about  rashly  and  presumptuously,  like 
 secular  priests,  in  no  wise  fearing  the  sentences  of  excom- 
 munication and  irregularity  passed  in  that  behalf  against 
 such,  but  damnably  incurring  and  contracting  them  do  thus 
 whilst         incur  and  contract  them  ;  and  that  there  are  some  secular 
 secu1a°rs'^  ^  rectors  and  vicars  too,  who  do  not  keep  or  perform  residence 
 are  guilty    in  their  benefices  of  this  sort  or  hospitality,  but  neglecting 
 res'ideiice    ^^^  scorning  the  cures  of  souls  to  which  they  are  bound, 
 and  care-    like  vagabonds  and  profligates  run  about  through  the  king- 
 ess  iving,  ^Q^-^  ^^^  apply  themselves  to  worldly  gain,  to  revellings 
 moreover,  to  drinking  bouts,  and  to  wicked  adulteries  and 
 fornications,  and  besides,  spend  their  time  on  all  manner  of 
 vices,  and  waste  the  property,  goods,  fruits,  and  revenues 
 of  their  benefices   of  this  sort,   and  vainly  and  uselessly 
 consume   them    on   forbidden    and   profane   objects ;    the 
 to  the         chancels  of  their  churches,  their  houses,  too,  and  buildings 
 of  their"     of  their  benefices   of  this  sort  they  actually  leave  alone, 
 vicarages    notoriously  suffering  their  notable  and  enormous  decay  as 
 cures.  j.gg^j.(jg  walls,  roofs,  &c.,  without  repair,  whilst  they  let  out 
 to  laymen,  without  our  licence  or  that  of  our  officials,  rightly 
 required  in  this  behalf,  the  fruits  of  the  benefices  of  this 
 sort,  and  let  them  to  farm,  and  do   not  at  all  distribute 
 amongst  their  poor  a  notable  or  indeed  any  share  of  such 
 .    fruits.     And  there  are  priests,  too,  set  within  the  same  our 
 
XLv]     HISTORY  OF  THE  ENGLISH  CHURCH  143 
 
 diocese,  some  supplying  the  place  of  curates  and  holding      1455. 
 cure  of  souls,  others  keeping  annual  festivals,  being  strangers  There  are 
 quite  obscure  and  unknown,  and  not  bringing  with  them  prfesL^too 
 commendatory  or  testimonial  letters  as  to  their  conversation  who  have 
 or  orders.     Some  moreover  of  them  are  ignorant  and  un-  ^\^ 
 learned,  unskilled   or   almost  destitute  of  letters,  holding  licence  or 
 cure  of  souls  within  the  same  our  diocese,  not  without  grave  ^^^"^"S- 
 peril  and  great  danger  to  souls ;  some  moreover  there  are, 
 subjects  and  lieges  of  our  diocese  of  Canterbury,  driven  on 
 by  some  dark  and  obstinate  error  against  God  and  the  There  is 
 Church,  who  refuse  and  deny  to  pay  tithes  of  their  woods,  ^^  ^^  tithes 
 trees,  and  faggots,  and  billets,  alleging  in  defence  of  this  on  the  part 
 their  error,  ancient  custom,  or  more  truly  damnable  corrup-  ' 
 
 tion,  for  what  is  not  tithed,  or  what  is  given  as  tithe  being 
 less  than  tithe,  cannot  be  held  by  any  custom  at  all.     There 
 are  moreover  certain  of  both  sexes,  men  and  women,  who 
 wander  about  from  diocese  to  diocese,  and  betake  them- 
 selves to  our  said  diocese,  and  contrary  to  the  prohibition  much 
 of  Divine  law,  and  the  enactments  of  the  sacred  canons^  mischief, 
 indulge   in   criminal   and    adulterous    intercourse  ;    whilst 
 others,  in  like  manner,   men  and  women,  under  very  ill- 
 considered  and  mistaken  influence,  contract  marriage  clan-  hasty  and 
 destinely ;  whence  it  comes  to  pass  that  all  sufficient  proof  marriage 
 faihng  in  this  behalf,  and  thus  marrying  perchance  under  contracts, 
 the  influence  of  a  spirit  of  contradiction,  and  by  the  pro- 
 curement of  some   enemy,   they  repudiate   such   contract 
 although  lawfully  valid,  yet  lacking  proper  proof  of  such 
 lawfulness,  and  hasten  to  second  vows  when  they  cannot 
 lawfully,   and   contract    illicit   concubinage,   and   procreate 
 bastard  and  adulterine  children  of  the  same.     Further,  in  and  irregu- 
 
 .„         ,  ^  .  r  ■,  -J    J  lar  making 
 
 makmg  wills,  the  same  thmg  often  happens,  proviaea  no  of  wills, 
 witnesses  have  signed  the  same,  so  that  it  comes  to  pass 
 that  these  same  are  often,  through  want  of  proof,  wickedly 
 altered,   annulled,   set   aside,   or   made  void.      Whence  it 
 follows,  of  course,  that  very  many  crimes  are  daily  com- 
 
144 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [xlv 
 
 1455. 
 
 The  evils 
 resulting 
 are  noto- 
 rious. 
 
 Hence  a 
 commis- 
 sion is 
 given  to 
 correct 
 and  reform 
 such  irre- 
 gularities. 
 
 mitted  by  our  people,  to  the  contempt  of  God  and  holy 
 religion;  the  dignity  of  the  clergy  is  disgraced;  the  health  of 
 souls  is  dangerously  neglected  ;  the  hope  of  the  poor  fails  ; 
 whilst  the  duty  of  sacred  hospitality  is  abandoned  by 
 ecclesiastics,  amongst  whom  especially  it  ought  to  flourish ; 
 decay  and  all  manner  of  ruin  attack  church  buildings ; 
 church  goods  are  vainly  and  uselessly  spoiled  and  wasted  ; 
 priests  unlearned,  untaught,  unknown,  and  unrecognized, 
 and  oftentimes  without  orders,  or  suspended  from  fulfilling 
 their  orders,  do  by  presumptuously  administering  sacra- 
 ments and  sacramentals,  bring  the  souls  of  our  subjects  to 
 ruin  and  captivity ;  many  illicit  and  criminal  concubinages, 
 fornications,  and  adulteries  are  encouraged  amongst  our 
 people ;  declarations  of  succession  are  set  aside  ;  and  the  last 
 wills  of  testators  are  very  often  wickedly  set  aside,  and  made 
 void.  Wherefore  we,  desiring  with  what  diligence  we  can 
 to  stop  so  many  and  great  dangers,  grant  you,  in  whose 
 fidelity  and  activity  we  have  confidence  in  the  Lord,  full 
 power  duly  to  correct  and  reform  such  defects,  crimes,  and 
 excesses,  and  [we  grant  you]  the  apostates,  if  you  find  any,  to 
 be  punished  by  arrest  of  their  bodies,  as  well  as  by  imprison- 
 ment, and  others,  moreover,  failing  in  the  premises  or  any  of 
 the  premises  or  notoriously  tainted  with  any  disgrace,  so  far 
 as  we  are  concerned,  according  to  the  demands  of  law,  to  be 
 as  well  admonished  or  caused  to  be  admonished  by  our 
 authority ;  that  whatever  of  either  sex,  both  men  and  women, 
 wish  to  contract  marriage,  or  draw  up  testaments  or  their 
 last  wills,  should,  as  they  wish  and  hope  such  marriages  and 
 wills  to  have  the  effects  due  and  desired,  contract  such  mar- 
 riages, to  wit  in  the  presence  of  two  persons  at  least,  whilst 
 they  draw  up  such  last  wills  and  have  them  read  through  or 
 recited  in  the  presence  of  their  curate  or  his  representative, 
 and  two  or  three  witnesses.  Given  at  Lambeth  the  25th 
 day  of  May  in  the  year  of  our  Lord  1455  and  the  first  of 
 our  translation. 
 
XLVi]     HISTORY  OF  THE  ENGLISH  CHURCH  145 
 
 XLVI. 
 
 THE  PETITION  OF  THE  COMMONS,  a.d.  1532. 
 
 This  document  is  printed  by  Froude,  History  of  England,  i.  208,  1532. 
 under  the  date  1529.  The  Petition  really  emanated  from  the  Court, 
 as  is  proved  by  the  fact  that  there  are,  amongst  the  State  Papers,  four 
 corrected  drafts  of  it,  the  corrections  in  these  being  generally  in  the 
 handwriting  of  Thomas  Crumwell,  who  had  been  added  to  the  Privy 
 Council  in  1531  (Introd.  Calendar  S.  P.  Henry  VIII.  v.  xix.). 
 
 [Transcr.  S.  P.  Henry  VIII.  v.  No.  1016  (1-4').] 
 
 To  the  King  our  Sovereign  Lord. 
 
 In  most  humble  wise  show  unto  your  excellent  highness  Attention 
 and  your  most  prudent  wisdom,  your  faithful,  loving,  and  J^  ^J 
 most  humble  and  obedient  subjects  the  Commons  in  this  duct  of  the 
 your  present  Parliament  assembled.     Where  of  late,  as  well  ^'^^^'J^g-^^ 
 through  new  fantastical  and  erroneous  opinions,  grown  by  officers  in 
 occasion    of   frantic,    seditious,    and    overthwartly    framed  [f  ^^^IJ'".  ^° 
 books  compiled,  imprinted,  published,  and  made  into  the  pression  of 
 English  tongue,  contrary  and  against  the  very  true  Catholic  various 
 and  Christian  faith,  as  also  by  the  extreme  and  uncharitable 
 behaviour  and  dealing  of  divers  ordinaries,  their  commissaries 
 and  substitutes,  which  have  heretofore  had  and  yet  have  the 
 examination  in  and   upon    the   said   errors   and   heretical 
 opinions ;   much  discord,  variance,   and  debate  has  risen, 
 and  more  and  more  daily  is  like  to  increase  and  ensue 
 amongst  the  universal  sort  of  your  said  subjects,  as  well 
 spiritual  and  temporal,  each  against  the  other,  in  most  un- 
 charitable   manner,    to    the    great    inquietation,    vexation, 
 and  breach  of  your  peace  within  this  your  most  Catholic 
 realm : 
 
 ^  The  pages  of  this  document  are  confused  in  binding. 
 
 L 
 
146  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xlvi 
 
 1532.  The  special  particular  griefs  whereof,  which  most  princi- 
 
 The special  pally  concern  your  said  Commons  and  lay  subjects,  and  which 
 
 pointSCOm-  ,  i  1  n  ,  ^    ■     r    r 
 
 plained  of  ^^^)  ^s  they  undoubtedly  suppose,  the  very  chief  fountams, 
 in  the         occasions,  and  causes  that  daily  breed,  foster,  and  nourish 
 
 char'^e 
 
 being:  ^"^  maintain  the  said  seditious  factions  and  deadly  hatred, 
 and  most  uncharitable  part-taking,  either  part  and  sort  of 
 said  subjects  spiritual  and  temporal  against  the  other,  here- 
 after followingly  do  ensue  : — 
 
 1.  The  I.  First,  where  the  prelates  and  spiritual  ordinaries  of  this 
 
 Co^nvoca-    Y^^^  most  excellent  realm  of  England,  and  the  clergy  of  the 
 
 tion  to         same,  have  in  their  convocations  heretofore  made  and  caused 
 
 jl^"^^^  A  to  be  made,  and  also  daily  do  make,  many  divers  fashions 
 canons  and  '  j  ^  j 
 
 exact  of  laws,  constitutions^  and  ordinances,  without  your  know- 
 
 wirhouT^  ledge  or  most  royal  assent,  and  without  the  assent  and 
 the  con-  Consent  of  any  of  your  lay  subjects  ;  unto  the  which  laws  your 
 fait  ^  ^  ^^^^  ^^y  subjects  have  not  only  heretofore  and  daily  be  con- 
 strained to  obey  as  well  in  their  bodies,  goods,  and  possessions, 
 but  also  be  compelled  to  incur  daily  into  the  censures  of 
 the  same,  and  be  continually  put  to  importable  charges 
 and  expenses,  against  all  equity,  right,  and  good  conscience. 
 And  yet  your  said  humble  subjects  nor  their  predecessors 
 could  ever  be  privy  to  the  said  laws  ;  nor  any  of  the  said 
 laws  have  been  declared  unto  them  in  the  English  tongue, 
 or  otherwise  published,  by  knowledge  whereof  they  might 
 have  eschewed  the  penalties,  dangers,  or  censures  of  the 
 same;  which  laws  so  made  your  said  most  humble  and 
 obedient  subjects,  under  the  supportation  of  your  majesty, 
 suppose  to  be  not  only  to  the  diminution  and  derogation  of 
 your  imperial  jurisdiction  and  prerogative  royal,  but  also  to 
 the  great  prejudice,  inquietation,  and  damage  of  your  said 
 
 2.  The        subjects. 
 
 proctors  H.  Also  now  where  of  late  there  has  been  devised  by  the 
 
 of  the^  ^^^  most  reverend  father  in  God,  William,  archbishop  of  Canter- 
 Courts  of  bury,  that  in  the  courts  which  he  calls  his  courts  of  the  Arches 
 Audience    ^'^^  Audience,  shall  be  but  only  ten  proctors  at  his  deputation, 
 
XLVi]      HISTORY  OF  THE  ENGLISH  CHURCH  147 
 
 which  be  sworn  to  preserve  and  promote  the  only  jurisdiction  1532. 
 of  the  said  courts  ;  by  reason  whereof,  if  any  of  your  lay  sub- 
 jects should  have  any  lawful  cause  against  the  judges  of  the 
 said  courts,  or  any  doctors  or  proctors  of  the  same,  or  any  of 
 their  friends  or  adherents,  they  can  nor  may  in  any  wise  have 
 indifferent  counsel ;  and  also  all  causes  depending  in  any 
 of  the  said  courts  may,  by  the  confederacy  of  the  said  few 
 proctors,  be  in  such  wise  tracted  and  delayed,  as  your  sub- 
 jects suing  in  the  same  shall  be  put  to  importable  charges, 
 costs,  and  expense.  And  in  case  that  any  matter  there  being 
 preferred  should  touch  your  crown,  regal  jurisdiction,  and 
 prerogative  royal,  yet  the  same  shall  not  be  disclosed  by 
 any  of  the  said  proctors  for  fear  of  loss  of  their  offices. 
 Wherefore  your  said  most  obedient  subjects,  under  the 
 protection  of  your  majesty,  suppose  that  your  highness 
 should  have  the  nomination  of  some  convenient  number 
 of  proctors  to  be  always  attendant  in  the  said  Courts  of 
 the  Arches  and  Audience,  there  to  be  sworn  as  well  to  the 
 preferment  of  your  jurisdiction  and  prerogative  royal  as 
 to  the  expedition  of  all  the  causes  of  your  lay  subjects 
 repairing  and  suing  to  the  same. 
 
 III.  And  where  also  many  of  your  said  most  humble  3.  Trivial 
 and  obedient  subjects,  and  specially  those  that  be  of  the  ^o^s^case" 
 poorest  sort,  within  this  your  realm,   be  daily  convented  promoted 
 
 and  called  before  the  said  spiritual  ordinaries,  their  com-  ^^y  ^he 
 
 ^  '  ordiiianes 
 
 missaries    and    substitutes,   ex   officio ;    sometimes,    at   the  against  the 
 pleasure  of  the  said  ordinaries  and  substitutes,  for  malice  ^^^^^^^  ^°^^ 
 without  any  cause  ;  and  sometimes — at  the  only  promotion  people, 
 and  accusement  of  their  summoners  and  apparitors,  being 
 very  light  and  indiscreet  persons,  without  any  lawful  cause 
 of  accusation  or  credible  fame  proved  against  them,  and 
 without  any  presentment  in  the  visitation — be  inquieted, 
 disturbed,  vexed,  troubled,  and  put  to  excessive  and  im- 
 portable   charges   for   them  to   bear,  and  many  times  be 
 suspended    and    excommunicate    for    small    light    causes 
 
 L  2 
 
148 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [xlvi 
 
 1532. 
 
 4.  Exces- 
 sive fees 
 in  spiritual 
 courts. 
 
 5.  Exac- 
 tions by 
 parish 
 clergy  for 
 sacra- 
 ments. 
 
 upon  the  only  certificate  of  the  proctors  of  the  adver- 
 saries made  under  the  feigned  seal  which  every  proctor 
 has  in  his  keeping;  whereas  the  party  suspended  and  ex- 
 communicated many  times  never  had  any  warning ;  and 
 yet  when  he  shall  be  absolved,  if  it  be  out  of  court,  he 
 shall  be  compelled  to  pay  to  his  own  proctor  twenty  pence, 
 to  the  proctor  which  is  against  him  another  twenty  pence, 
 and  twenty  pence  to  the  scribe,  besides  a  privy  reward  that 
 the  judge  shall  have,  to  the  great  impoverishing  of  your  said 
 poor  lay  subjects. 
 
 IV.  Also  your  said  most  humble  and  obedient  subjects 
 find  themselves  grieved  with  the  great  and  excessive  fees 
 taken  in  the  said  spiritual  courts,  and  specially  in  the  said 
 Courts  of  the  Arches  and  Audience ;  where  they  take  for 
 every  citation  two  shillings  and  sixpence ;  for  every  inhibi- 
 tion six  shillings  and  eightpence  ;  for  every  proxy  sixteen 
 pence ;  for  every  certificate  sixteen  pence ;  for  every  libel 
 three  shillings  and  fourpence;  for  every  answer  to  any 
 libel  three  shillings  and  fourpence ;  for  every  act,  if  it  be 
 but  two  words,  to  the  registrar,  fourpence  ;  for  every 
 personal  citation  or  decree  three  shillings  and  fourpence; 
 for  every  sentence  or  judgment  to  the  judge  twenty-six 
 shillings  and  eightpence ;  for  every  testimonial  upon  such 
 sentence  or  judgment  twenty-six  shillings  and  eightpence : 
 for  every  significavit  twelve  shillings  ;  for  every  commission 
 to  examine  witnesses  twelve  shillings  ;  which  is  thought 
 to  be  importable  to  be  borne  by  your  said  subjects,  and 
 very  necessary  to  be  reformed. 
 
 V.  And  where  also  the  said  prelates  and  ordinaries 
 daily  do  permit  and  suffer  the  parsons,  vicars,  curates, 
 parish  priests,  and  other  spiritual  persons  having  cure  of 
 souls,  within  this  your  realm  ministering,  to  exact  and 
 take  of  your  humble  and  obedient  subjects  divers  sums 
 of  money  for  the  sacraments  and  sacramentals  of  Holy 
 Church,  sometimes  denying  the  same  without  they  be  first 
 
XLVi]      HISTORY  OF  THE  ENGLISH  CHURCH  149 
 
 paid  the  said  sums  of  money,  which  sacraments  and  sacra-  1532. 
 mentals  your  said  most  humble  and  obedient  subjects,  under 
 the  protection  of  your  highness,  do  suppose  and  think  ought 
 to  be  in  most  reverend,  charitable,  and  godly  wise  freely  minis- 
 tered unto  them  at  all  times  requisite,  without  denial  or 
 exaction  of  any  manner  sums  of  money  to  be  demanded  or 
 asked  for  the  same. 
 
 VI.  And  also  where,  in  the  spiritual  court  of  the  said  pre-  g   Delays 
 
 lates  and  ordinaries,  be  limited  and  appointed  so  many  judges,  and  fees  in 
 .,  .  •  J     ^1  •    •  ^        probate  of 
 
 scribes,  apparitors,  summoners,  appraisers,  and  other  ministers  ^jug^ 
 
 for  the  approbation  of  testaments,  which  coveting  so  much 
 their  own  private  lucres,  and  satisfaction  of  the  appetites 
 of  the  said  prelates  and  ordinaries,  that  when  any  of  your 
 said  loving  subjects  do  repair  to  any  of  the  said  courts  for 
 the  probate  of  any  testaments,  they  do  in  such  wise  make 
 long  delays,  or  excessively  take  of  them  so  large  fees  and 
 rewards  for  the  same,  as  is  importable  for  them  to  bear,  directly 
 against  all  justice,  law,  equity,  and  good  conscience.  Where- 
 fore your  said  most  humble  and  obedient  subjects  do  therefore, 
 under  your  gracious  correction  and  supportation,  suppose 
 it  were  very  necessary  that  the  said  ordinaries,  in  the  deputa- 
 tion of  such  judges,  should  be  bound  to  appoint  and  assign 
 such  discreet,  ^gravous,'  and  honest  persons,  having  sufficient 
 learning,  wit,  discretion,  and  understanding,  and  also  being 
 endued  with  such  spiritual  promotion,  stipend,  and  salary, 
 as  they,  being  judges  in  their  said  courts,  might  and  may 
 minister,  to  every  person  repairing  to  the  same,  justice,  without 
 taking  any  manner  fee  or  reward  for  any  manner  sentence 
 or  judgment  to  be  given  before  them. 
 
 VII.  And  also  whereas   divers  spiritual   persons   being  7.  Fees, 
 presented  as  well  by  your  highness  and  by  other  Patrons  ^^^^ 'p^j^^'^^ 
 within    this    your    realm    to    divers    benefices    or    other  arrange- 
 spiritual  promotions,   the  said  ordinaries  and  their  minis-  ^g^j^^don. 
 ters  do  not  only  take  of  them,  for  their  letters  of  institu- 
 tion and  induction,  many  great  and  large  sums  of  money 
 
I50  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xlvi 
 
 1532.  and  rewards ;  but  also  do  pact  and  covenant  with  same, 
 taking  sure  bonds  for  their  indemnity  to  answer,  to  the  said 
 ordinaries,  the  firstfruits  of  the  said  benefices  after  their 
 institution,  so  as  they,  being  once  presented  or  promoted 
 as  is  aforesaid,  be  by  the  said  ordinaries  very  uncharitably 
 handled,  to  their  no  little  hindrance  and  impoverishment, 
 which  your  said  subjects  suppose  not  only  to  be  against  all 
 laws,  right,  and  good  conscience,  but  also  to  be  simony, 
 and  contrary  to  the  laws  of  God. 
 
 8.  Provi-         VIII.  And  also  whereas  the  said  spiritual  ordinaries  do 
 
 sion  of  in-    daily  confer  and  give  sundry  benefices  unto  certain  young 
 
 benefices     folks,  calling  them  their  nephews  or  kinsfolk,  being  in  their 
 
 by  ordm-     minority  and  within  asje,  not  apt  nor  able  to  serve  the  cure  of 
 anes.  . 
 
 any  such  benefice ;  whereby  the  said  ordinaries  do  keep  and 
 
 detain  the  fruits  and  profits  of  the  same  benefices  in  their 
 
 own  hands,  and   thereby  accumulate   to  themselves  right 
 
 great  and  large  sums  of  money  and  yearly  profits,  to  the 
 
 most  pernicious  example  of  all  your  said  lay  subjects  ;  and  so 
 
 the  cures  andotherpromotions  given  unto  such  infants  be  only 
 
 employed  to  the  enriching  of  the  said  ordinaries,  and  the 
 
 poor  silly  souls  of  your  people  and  subjects,  which  should 
 
 be  taught  in  the  parishes  given  as  aforesaid,  for  lack  of  good 
 
 curates,  do  perish  without  doctrine  or  any  good  teaching. 
 
 9.  The  ex-       IX.  And  also  where  a  great  number  of  holy  days  which 
 
 cessive        ^^^  ^^  ^]^jg  pj-ggent  time,  with  very  small  devotion,  be  solem- 
 
 number  01  ^  -^ 
 
 holy  days    nized  and  kept  throughout  this  your  realm — upon  the  which 
 
 observed,    many  great,  abominable,  and  execrable  vices,  idle  and  wanton 
 
 sports,  be  used  and  exercised — which  holy  days,  if  it  may 
 
 stand  with  your  gracious  pleasure,  and  specially  such  as  fall  in 
 
 the  harvest,  might,  by  your  majesty,  by  the  advice  of  your 
 
 most  honourable  council,  prelates,  and  ordinaries,  be  made 
 
 fewer  in  number ;  and  those  that  shall  hereafter  be  ordained 
 
 to  stand  and  continue  might  and  may  be  the  more  devoutly, 
 
 religiously,  and  reverently  observed,  to  the  laud  of  Almighty 
 
 God,  and  to  the  increase  of  your  high  honour  and  fame. 
 
XLVi]      HISTORY  OF  THE  ENGLISH  CHURCH  151 
 
 X.  And  furthermore  where  the  said  spiritual  ordinaries,      1532. 
 
 their  commissaries  and  substitutes,  sometimes  for  their  own  ^°  Vexa- 
 
 1       1        •   •  r     ^      tious  ex- 
 
 pleasures,  sometimes  by  the  smister  procurement  of  other  amination 
 
 spiritual  persons,  use  to  make  out  process  against  divers  of  ^"!^  ^'^' 
 
 your  said   subjects,   and  thereby  compel  them  to  appear  ment  of 
 
 before  themselves,  to  answer  at  certain  day  and  place  to  such  mnocent 
 
 people  by 
 
 articles  as  by  them  shall  be,  of  office  afore  themselves,  then  the  ordin- 
 proposed,  and  that  secretly  and  not  in  open  places ;  and  ^"es. 
 forthwith  upon  their  appearance,  without  cause  or  any 
 declaration  then  made  or  showed,  commit  and  send  them  to 
 ward,  where  they  remain  without  bail  or  mainprize,  some- 
 times for  [halfj  a  year,  sometime  a  whole  year  and  more, 
 before  they  may  in  any  wise  know  either  the  cause  of  their 
 imprisonment  or  the  name  of  their  accuser ;  and  finally,  after 
 their  great  costs  and  charges  and  expenses  therein,  when  all 
 is  examined  and  nothing  can  be  proved  against  them,  but 
 they  clearly  innocent  for  any  fault  or  crime  that  can  be  laid 
 unto  them  in  that  part,  be  set  again  at  large  without  any 
 recompence  or  amends  in  that  behalf  to  be  towards  them 
 adjudged. 
 
 XL  And   also   if  percase    upon   the   said   process  and  n.  Failure 
 appearance  any  party  be,  upon  the  said  matter,  cause,  or  j-emedv'^in 
 examination  brought  forward  and  named,  either  as  party  or  certain 
 witness,  and  then,  upon  the  proof  and  trial  thereof,  not  ^^usa-" 
 able  to  prove  and  verify  his  said  accusation  or  testimony,  tions. 
 against  the  party  so  accused,  to  be  true,  then  the  person  so 
 causelessly  accused  is  for  the  most  part  without  any  remedy 
 for  his  charges  and  wrongful  vexation,  to  be  towards  him 
 adjudged  and  recovered. 
 
 XII.  Also  upon  the  examination  of  the  said  accusation,  12.  Subtle 
 
 •  /-I  1  1-         M      1    •  T  1  1  r     ^  and  vexa- 
 
 if  heresy  be  ordmarily  laid  unto  the  charge  of  the  party  so  tious 
 accused,  then  the  said  ordinaries  or  their  ministers  use  to  character 
 put  to  them  such  subtle  interrogatories,  concerning  the  high  iiation  for 
 mysteries  of  our  faith,  as  are  able  quickly  to  trap  a  simple,  heresy, 
 unlearned,  or  yet  a  well-witted  layman  without  learning,  and 
 
152  DOCUMENTS  ILLUSTRATIVE   OF  THE      [xlvi 
 
 1582.  bring  them  by  such  sinister  introduction  soon  to  his  own 
 confusion.  And  forthwith,  if  there  chance  any  heresy  to  be, 
 by  such  subtle  pohcy,  by  him  confessed  in  words  and  yet 
 never  committed  nor  thought  in  deed,  then  put  they,  without 
 further  favour,  the  said  person  either  to  make  his  purgation, 
 and  so  thereby  to  lose  his  honesty  and  credence  for  ever, 
 or  else,  as  some  simple  silly  soul  precisely  standing  to  the 
 clear  testimony  of  his  own  well-known  conscience,  rather  than 
 to  confess  his  innocent  truth,  to  abide  the  extremity  in  that 
 behalf,  and  so  is  utterly  destroyed.  And  if  it  fortune  the  said 
 party  so  accused  to  deny  the  said  accusation,  and  so  put 
 his  adversaries  to  prove  the  same  untruly,  forged,  and 
 imagined  against  him,  then,  for  the  most  part,  such  witnesses 
 as  be  brought  forth  for  the  same,  be  they  but  two  in  number, 
 never  so  sore  defamed,  of  little  truth  or  credence,  adver- 
 saries or  enemies  to  the  party,  yet  they  shall  be  allowed  and 
 enabled  only  by  discretion  of  the  said  ordinaries,  their  com- 
 missaries or  substitutes ;  and  there,  upon  sufficient  cause,  to 
 proceed  to  judgment,  to  deliver  the  party  so  accused  either 
 to  the  secular  hands  after  abjuration,  without  remedy,  and 
 afore,  if  he  submit  himself,  to  compel  him,  when  best  hap- 
 peneth,  to  make  his  purgation  and  bear  a  faggot,  to  his 
 extreme  shame  and  undoing. 
 In  con-  In  consideration  whereof,  most  gracious  sovereign  lord — 
 
 of  Uie*^'°re-  ^"^  forasmuch  as  there  is  at  this  present   time,  and  by 
 misesand    a   few  years   past  has  been,   outrageous  violence   on   the 
 resukin'^^    one  part,  and  much  default  and  lack  of  patient  sufferance, 
 remedies     charity,  and  good  will  on  the  other  part — a  marvellous  dis- 
 are  prayed  Qj-jgj-  Qf  |-|^g  godly  quiet,  peace,  and  tranquillity  that  this 
 your  realm  heretofore  ever  hitherto  has  been  in,  through 
 your  politic  wisdom,  in  most  honourable  fame  and  catholic 
 faith  inviolably  preserved ;   it  may  therefore,  most  benign 
 sovereign  lord,  like  your  excellent  goodness  for  the  tender 
 and  universally  indifferent  zeal,   benign   love,   and  favour 
 that  your  highness  beareth  towards  both  the  said  parties, 
 
XLVi]      HISTORY  OF  THE  ENGLISH  CHURCH  153 
 
 the  said  articles  (if  they  shall  be  by  your  most  clear  and  1532. 
 perfect  judgment  thought  any  instruments  or  causes  of  the 
 said  variance  and  disorder,  or  those  and  all  other  occasions 
 whatsoever  accounted  by  your  highness  to  make  towards 
 the  said  factions)  deeply  and  weightily,  after  your  accus- 
 tomed ways  and  manner,  searched,  weighed,  and  considered, 
 graciously  to  provide  (all  violence  on  both  sides  utterly  and 
 clearly  set  apart)  some  such  necessary  and  behoveful  reme- 
 dies as  may  effectually  reconcile  and  bring  in  perpetual 
 unity  your  said  subjects,  spiritual  and  temporal;  and  for 
 the  establishing  thereof,  to  make  and  ordain,  on  both  sides, 
 such  strait  laws  against  the  breakers,  transgressors,  and 
 offenders  as  shall  be  too  heavy,  dangerous,  and  weighty 
 for  them  or  any  of  them  to  bear,  suffer,  and  sustain. 
 
 Whereunto  your  said  Commons  most  humbly,  heartily, 
 and  entirely  beseech  your  grace,  as  the  only  head,  sovereign 
 lord,  protector,  and  defender  of  both   the  said  parties,  in 
 whom  and  by  whom  the  only  and  sole  redress,  reformation, 
 and    remedy   herein    absolutely   rests    and    remains.      By  CompU- 
 occasion   whereof  all    your  said  Commons    in   their  con-  ^he^eti- 
 science  surely  account  that,  beside  the  marvellous  fervent  tion  will 
 love  that  your  highness  shall  thereby  and  {sic)  engender  in  ^Tch  ^o 
 their  hearts   towards  your  grace,  you    shall   do  the   most  tentment. 
 princely  feat,  and  show  the  most  honourable  and  charitable 
 precedent  and  mirror  that  ever  did  sovereign  lord  upon 
 his  subjects ;   and   therewithal  merit  and   deserve  of  our 
 merciful   Lord   eternal'  bliss,    whose   goodness  grant   your 
 grace  in  most  godly,  princely,  and  honourable  estate  long  to 
 reign,  prosper,  and  continue  as  the  sovereign  lord  over  all 
 your  said  most  humble  and  obedient  subjects. 
 
154-  DOCUMENTS  ILLUSTRATIVE   OF  THE     [xlvii 
 
 XLVII. 
 
 THE  ANSWER  OF  THE  ORDINARIES,  a.  d.   1532. 
 
 1532.  The  bishops'  answer  to  the  foregoing  petition  is  here  printed  from 
 
 a  contemporary  copy  amongst  the  State  Papers.  Wilkins  (iii.  750) 
 prints  a  version  with  material  omissions.  Convocation  being  informed 
 that  this  answer  did  not  give  satisfaction,  drew  up  a  second  (Wilkins, 
 iii.  753),  maintaining  the  former  position,  but  offering,  in  deference  to 
 the  king,  not  to  publish  canons  henceforth  without  his  consent  (S.  P. 
 Hen.  VIII.  V.  1018^.  Three  drafts  exist  of  a  further  compromise  still 
 offered  by  Convocation.  They  are  printed  and  discussed  in  the 
 Appendix  to  Atterbury's  Rights  and  Privileges  of  Convocation,  534. 
 
 [Transcr.  S.  P.  Henry  VIII.  v.  No.  1016  (5).] 
 
 Theordin-       After  our  most  humble  wise,  with  our  most  bounden  duty 
 
 anes  of  honour  and  reverence  to  your  excellent  majesty,  endued 
 
 having 
 
 read  the      with  God  with  incomparable  wisdom  and  goodness.    Please 
 
 Commons'  [^  ^^g  same  to  understand  that  we,  your  orators  and  daily 
 
 hereby  '      bounden  bedemen  the  ordinaries,  have  read  and  perused 
 
 "^^^^  a  certain  supplication  which  the  Commons  of  your  grace's 
 
 answer  : 
 
 most  honourable  Parliament  now  assembled  have  offered 
 
 up  unto  your  highness,  and  by  your  grace's  commandment 
 delivered  to  us,  to  make  answer  thereunto.  And  as  the 
 time  has  served  and  permitted,  we  have,  according  to  your 
 highness's  commandment,  made  thereunto  this  answer  follow- 
 ing, beseeching  your  grace's  indifferent  benignity  graciously 
 Occasions  to  hear  the  same.      First,  where  in  the  said  supplication  it 
 
 of  discord    jg  induced,  as  for  a  preface,  that  much  discord,  variance, 
 
 and  want  r-  j 
 
 of  charity    and  debate  has  risen  amongst  your  grace's  subjects,  spiritual 
 
 are  denied  ^^^  temporal,  and  more  and  more  daily  is  like  to  increase 
 in  general, 
 
 and  ensue,  to  the  great  unquietness  and  breach  of  your 
 
 peace  within  this  your  grace's  most  Catholic  realm,  as  well 
 
 through  new  fantastical  and  erroneous  opinions  grown  by 
 
 occasion   of  seditious  and  overthwart  framed  books  com- 
 
XLVii]      HISTORY  OF  THE  ENGLISH  CHURCH  155 
 
 piled,  imprinted,  and  made  in  English  tongue  in  the  parts  1532. 
 beyond  the  sea,  contrary  and  against  the  very  true  Catholic 
 and  Christian  faith,  as  also  by  the  uncharitable  behaviour 
 and  dealing  of  divers  ordinaries,  their  commissaries  and 
 substitutes,  in  the  common  and  often  vexation  of  your 
 grace's  said  subjects  in  the  spiritual  courts,  and  also  by 
 other  evil  examples  and  misuses  of  spiritual  persons. 
 
 To  this  we,  your  said  orators  and  daily  bounden  bedes- 
 men the  ordinaries,  answer,  assuring  your  majesty  that  in 
 our  hearts  and  conscience  there  is  no  such  discord,  debate, 
 variance,  or  breach  of  peace  on  our  part  against  our  brethren 
 in  God  and  ghostly  children,  your  subjects,  as  is  induced  in 
 this  preface ;  but  our  daily  prayer  is  and  shall  be  that  all 
 unity,  concord,  and  peace  may  increase  among  your  grace's 
 true  and  faithful  subjects,  our  said  ghostly  children,  whom, 
 God  be  our  witness,  we  love,  have  loved,  and  shall  love 
 ever  with  hearty  affection ;  never  intending  any  hurt  or 
 harm  towards  any  of  them  in  soul  or  body;  and  never 
 enterprised  anything  against  them  of  trouble,  vexation,  or 
 displeasure ;  but  only  have,  as  we  dare  surely  affirm,  with 
 all  charity,  exercised  the  spiritual  jurisdiction  of  the  Church,  but  only 
 as  we  are  bound  of  duty,  upon  certain  evil-disposed  persons  ^^^^^  ^^ 
 infected  and  utterly  corrupt  with  the  pestilent  poison  of  properly 
 heresy ;  and  to  have  had  peace  with  such,  had  been  against  P""^^  ^  • 
 the  gospel  of  our  Saviour  Christ,  wherein  He  saith,  JVon  veni 
 mittere  pace7n  sed  gladiui7i.  Wherefore,  forasmuch  as  we 
 perceive  and  know  right  well  that  there  be  as  well-disposed 
 and  as  well-conscienced  men  of  your  grace's  Commons,  in 
 no  small  number  assembled,  as  ever  we  know  at  any  time 
 in  Parliament ;  and  with  that  consider  how  on  our  part 
 there  is  given  no  such  occasion  why  the  whole  number  of 
 the  spirituality  and  clergy  should  be  thus  noted  unto  your 
 highness,  omitting  and  leaving  the  conjectures  of  men, 
 which  though  they  be  probable  and  in  many's  knowledge 
 evident,  yet  they  may  and  do  sometime  err;  we  humbling 
 
156  DOCUMENTS  ILLUSTRATIVE   OF  THE     [xlvii 
 
 1532.      our  hearts  to  God  and  remitting  the  judgment  of  this  our 
 inquietation  to  Him,  and  trusting,  as  His  Scripture  teacheth 
 us,  that  if  we  love  Him  above  all,  omnia  co-operabuntiir  in 
 boniim^  we  shall  endeavour  ourselves  to  declare  unto  your 
 highness  the  innocency  of  us  your  poor  orators,  as  far  as 
 the  truth  of  God's  word  and  learning  of  the  Church  with 
 the  sincerity  of  our  acts  and  deeds  will  maintain  the  same, 
 with  this    determination   and   purpose   not    to   colour,  by 
 wordly  {sidj  reasons  or  many's  wit,  any  our  doings  or  pro- 
 ceedings, but  to  refer  the  truth  to  be  defended  by  God  and 
 your  highness,  in  whose  virtue,  learning,  and  Christian  reli- 
 gion we  never  can  doubt. 
 As  regards      And  where,  after  the  general  preface  of  the  said  suppli- 
 char^s-     nation,  your  grace's  Commons  descend  to  special  particular 
 The  griefs,  and  first  report  that  the  clergy  of  this  your  realm, 
 
 making       befng  your  hio;hness's  subjects,  in  their  convocations,  by  them 
 
 of  canons  &  y  &  j  '  ^     j 
 
 prejudicial  holden  within  this  your  realm  have  made  and  daily  make 
 statute        divers   factions   of  laws   concerning  temporal  things,   and 
 law— the    some  of  them   be  repugnant  to  the  laws  and  statutes  of 
 aut  onty     y^^^.  j.g^|^-^-,^  j^q^  having  nor  requiring  your  most  royal  assent 
 tureand      to  the  same  laws  so  by  them  made,  neither  any  assent  or 
 Church       knowledge  of  your  lay  subjects  is  had  to  the  same,  neither 
 been  con-    to   them    published   and   known   in  their  mother  tongue, 
 travened.    ^i5gj|-  divers  and  sundry  of  the  said  laws  extend,  in  certain 
 causes,  to  your  excellent  person,  your  liberty  and  preroga- 
 tive royal,  and  to  the  interdiction  of  your  lands  and  pos- 
 sessions, and  so  likewise  to  the  goods  and  possessions  of 
 your  lay  subjects,  declaring  the  infringers   of  them,  so  by 
 them  made,  not  only  to  incur  into  the  terrible  censures 
 of  excommunication,  but  also  the  detestable  crime  and  sin 
 of  heresy,  by  the  which  divers  of  your  most  humble  and 
 obedient  lay  subjects  be  brought  into  this  ambiguity,  whether 
 they  may  do  and  execute  your  laws  according  to  your  juris- 
 diction royal  of  this  realm,  for  dread  of  the  same  censures 
 and  pains  comprised  in  the  said  laws,  so  by  them  made  in 
 
XLVii]      HISTORY  OF  THE  ENGLISH  CHURCH  157 
 
 their  convocations,  to  the  great  trouble  and  inquietation  1532. 
 of  your  said  humble  and  obedient  lay  subjects,  to  the  im- 
 peachment of  your  jurisdiction  and  prerogative  royal.  To 
 this  article  we  say  that  forasmuch  as  we  repute  and  take 
 our  authority  of  making  of  laws  to  be  grounded  upon  the 
 Scripture  of  God  and  the  determination  of  Holy  Church, 
 which  must  also  be  a  rule  and  squire  {sic)  to  try  the  justice 
 and  righteousness  of  all  laws,  as  well  spiritual  as  temporal, 
 we  verily  trust  that  in  such  laws  as  have  been  made  by 
 us  or  by  our  predecessors,  the  same  being  sincerely  inter- 
 preted, and  after  the  good  meaning  of  the  makers,  there 
 shall  be  found  nothing  contained  in  them  but  such  as  may 
 be  well  justified  by  the  said  rule  and  squire  {sic).  And  if 
 it  shall  otherwise  appear^  as  it  is  our  duty,  whereunto  we 
 shall  always  most  diligently  apply  ourselves,  to  reform  our 
 ordinances  to  God's  commission  and  to  conform  our  statutes 
 and  laws,  and  those  of  our  predecessors,  to  the  determina- 
 tion of  Scripture  and  Holy  Church,  so  we  hope  in  God, 
 and  shall  daily  pray  for  the  same,  that  your  highness  will, 
 if  there  appear  cause  why,  with  the  assent  of  your  people, 
 temper  your  grace's  laws  accordingly  ;  whereby  shall  ensue 
 a  most  sure  and  perfect  conjunction  and  agreement,  as 
 God  being  /apis  a?igularis  to  agree  and  conjoin  the  same. 
 
 And  as  concerning  the  requiring  of  your  highness's  royal  As  regards 
 assent  to  the  authorizing  of  such  laws  as  have  been  by  our  thg^^non? 
 predecessors,  or  shall  be  made  by  us,  in  such  points  and  to  the  king, 
 articles  as  we  have  by  good  authority  to  rule  and  order  by  b^p^o"" 
 provisions  and  laws  ;  we,  knowing  your  highness's  wisdom,  mised ; 
 virtue,  and  learning,  nothing  doubt  but  that  the  same  per- 
 ceiveth  how  the   granting  thereunto  dependeth  not  upon 
 our  will  and  liberty,  and  that  we,  your  most  humble  subjects, 
 may  not  submit  the  execution  of  our  charges  and  duty, 
 certainly  prescribed   by  God,   to  your   highness's   assent; 
 although,  of  very  deed,  the  same  is  most  worthy  for  your 
 most  princely  and  excellent  virtues,  not  only  to  give  your 
 
158 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [xlvii 
 
 1532. 
 
 but  the 
 king's 
 opinion  is 
 solicited. 
 
 The  king 
 will  find 
 that  the 
 existing 
 canons  do 
 not  injure 
 his  prero- 
 gative. 
 
 royal  assent,  but  also  to  devise  and  command  what  we 
 should,  for  good  order  and  manners,  by  statutes  and  laws, 
 provide  in  the  Church.  Nevertheless,  considering  we  may 
 not  so,  nor  in  such  sort,  restrain  the  doing  of  our  office  in 
 the  feeding  and  ruling  of  Christ's  people,  your  grace's  sub- 
 jects, we — most  humbly  desiring  your  grace,  as  the  same 
 has  done  heretofore,  so  from  henceforth  to  show  your 
 grace's  mind  and  opinion  unto  us,  what  your  highness's 
 wisdom  shall  think  convenient,  which  we  shall  most  gladly 
 hear  and  follow,  if  it  shall  please  God  to  inspire  us  so  to 
 do — with  all  submission  and  humility,  beseech  the  same, 
 following  the  steps  of  your  most  noble  progenitors,  and 
 conformably  to  your  own  acts,  to  maintain  and  defend  such 
 -laws  and  ordinances  as  we,  according  to  our  calling  and  by 
 the  authority  of  God,  shall,  for  His  honour,  make  to  the 
 edification  of  virtue  and  the  maintaining  of  Christ's  faith, 
 whereof  your  highness  is  defender  in  name,  and  has  been 
 hitherto  in  deed,  a  special  protector. 
 
 Furthermore,  in  the  same  first  article,  where  your  lay 
 subjects  say  that  sundry  of  the  said  laws  extend,  in  certain 
 causes,  to  your  excellent  person,  your  liberty  and  preroga- 
 tive royal,  and  to  the  interdiction  of  your  lands  and  pos- 
 sessions : 
 
 To  this  your  said  orators  say,  in  answer  to  the  former 
 article  as  submitted,  that  having  the  trying  and  examining 
 of  the  laws  made  in  the  Church,  by  us  or  our  predecessors, 
 to  the  just  and  straight  rule  of  God's  law— which  giveth 
 measure  of  power,  prerogative,  and  authority  to  all  em- 
 perors, kings,  princes,  and  potentates,  and  all  other — we 
 have  such  estimation,  and  have  conceived  such  opinion  of 
 your  highness's  goodness  and  virtue,  that  whatsoever  any 
 persons,  not  so  well  learned  as  your  grace  is,  will  pretend 
 unto  the  same,  whereby  we,  your  most  humble  subjects, 
 might  be  brought  into  your  grace's  displeasure  and  indigna- 
 tion,  submitting  that   we  should  by  usurpation  and  pre- 
 
XLVii]      HISTORY  OF  THE  ENGLISH  CHURCH  159 
 
 sumption  extend  our  laws  to  your  most  noble  person,  1532. 
 prerogative,  and  realm,  yet  the  same  your  highness  being 
 so  highly  learned  will,  of  your  own  most  bounteous  good- 
 ness, facilely  discharge  and  deliver  us  from  that  contention — 
 the  matter  whereof  not  well  understanded  is  hateful — when 
 it  shall  appear  that  no  such  laws  be  made  by  us,  nor,  as  far 
 as  we  perceive  and  remember,  by  our  predecessors  neither, 
 nor  finally  no  laws,  as  we  verily  trust,  but  such  as  be  good, 
 wholesome,  and  convenient  and  maintainable  by  the  word 
 of  God  and  the  determination  of  Christ's  Catholic  Church. 
 
 Furthermore,    there   be  joined,    with    mention   of  your  Except  in 
 grace's  person,  other  griefs  that  likewise  some  of  the  said  '^^^^  ° 
 laws  extend  to  the  goods  and  possessions  of  your  said  lay  they  do 
 subjects,  declaring  the  transgressors  not  only  to  fall  into  ^°4^°q  T 
 the  terrible  censures  of  excommunication,  but  also  to  the  or  excom- 
 detestable  crime  of  heresy.     To  this  we,  your  grace's  said  '^""^'^^^^• 
 orators,   answer  that  we  remember   no    such;  and  yet  if 
 there  be  any  such,  it  is  but  according  to  the  common  law 
 of  the  Church,  and  also  to  your  grace's  laws,  which  deter- 
 mine and  decree  that  every  person,  spiritual  or  temporal, 
 condemned  of  heresy  shall  forfeit  his  moveables  or  immove- 
 ables to  your  highness,  or  to  the  lord  spiritual  or  temporal 
 that  by  law  hath  right  to  them.    Other  statutes  we  remember 
 none  that  toucheth  the  loss  of  their  lands  or  goods.     If 
 there  be,  good  it  were  that  they  were  brought  forth  to  be 
 weighed  and  pondered  accordingly  as  above. 
 
 Item,  where  they  say  that  for  fear  of  the  said  pains  and  As  regards 
 censures  comprised  in   the  said  laws,  divers  of  your  lay  Jj^^  realm° 
 subjects  be  brought  into  this  ambiguity,  whether  they  may  the  clergy 
 do  and  execute  your  grace's  laws,  according  to  your  juris-  ^ggfj-e^to 
 diction  royal  of  this  your  realm  :  interfere 
 
 To  this  your  said  orators  answer  and  say,  that  they  be  "^^[^^^^  ^^^ 
 sorry  that  they,  being  your  most  humble  subjects  in  heart, 
 should  be  noted  to  be  let  or  impediment  to  the  execution 
 of  your  grace's  laws.     For  we  your  said  orators  are,  have 
 
i6o  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xlvii 
 
 1532.      been,  and  ever  intend  to  be  of  that  humble  reverent  mind 
 toward  your  grace's  highness,  and  of  that  charitable  affec- 
 tion toward  our  ghostly  children,  your  lay  people  and  sub- 
 jects, that,  in  our  conscience,  we  neither  yet  have  given  to 
 your  worshipful  Commons  any  just  cause  so  to  note  us, 
 neither  during  our  lives  intend  to  make  any  impeachment 
 otherwise  than  by  our  most  humble  suit  unto  your  high- 
 ness, and  giving  advice  and  counsel  or  doctrine  to  your  lay 
 subjects,  to  consider  the  right  and  justice  of  such  matters 
 as,  in  the  making  or  executing,  might  appear  to  be  to  the 
 great  prejudice  of  the  liberties   of  Christ's  Church ;    but 
 rather  to  endure  and  sustain  patiently,  as  we  do,  the  same. 
 And  if  we  be  otherwise  a  let  than  thus,  or  as  ministers 
 of  God's  word  in  the  feeding  and  ruling  of  your  grace's 
 people  in  spiritual  food,  doctrine,  and  correction,  accord- 
 ing to  the  determination  of  Christ's  Catholic  Church,  your 
 highness  shall  find  no  difficulty  of  our  reformation. 
 As  regards      Item,  as  touching  the  second  principal  article  of  the  said 
 ^umm^on^    supplication,  where  they  say  that  divers  and  many  your 
 ing  of         grace's  obedient  subjects,   and  especially  they  that   be  of 
 before  the  ^^^   poorest   sort,   be   daily  called   before   us,   the  special 
 ordinaries  ordinaries  or  commissaries  and  substitutes  ex  officio — some- 
 offiS^ab       ^^^^^  ^^  ^^^  pleasure  of  us,  the  said  ordinaries  or  commis- 
 apology      saries  and  substitutes,  for  displeasure,  without  any  probable 
 is  o  ere      cause,  and  sometime  at  the  only  promotion  of  our  sum- 
 has  been     moners,   being  light  and  indiscreet  persons,    without  any 
 hich  credible  fame  first  proved  against  them,  and  without  any 
 has  cer-      presentment  in  the  visitation  or  lawful  accusation  : 
 tainly  not        rj-^  ^j^-^  ^^^  y^^^,  gj-^^e's  said  orators,  do  answer  and  say, 
 
 by  all.  and  first  we  most  humbly  desire  your  highness  by  your 
 high  wisdom  and  learning  to  consider,  that  albeit,  in  the 
 ordering  of  Christ's  people,  your  grace's  subjects,  God,  of 
 His  special  goodness  assisteth  His  Church,  and  inspireth  by 
 the  Holy  Ghost,  as  we  verily  trust,  such  wholesome  rules 
 .    and  laws  as  tend  to  the  wealth  of  His  elect  folk,  the  increase 
 
XLVii]     HISTORY  OF  THE  ENGLISH  CHURCH  i6i 
 
 and  augmentation  of  His  faith,  honour,  and  glory — yet,  upon  1532. 
 consideration  to  man  unknown,  His  infinite  wisdom  leaveth 
 and  permitteth  men  to  walk  in  their  infirmity  and  frailty. 
 So  that  we  cannot,  nor  will,  arrogantly  presume  of  ourselves, 
 as  though,  being  in  name  spiritual  men,  we  were  also  all, 
 in  all  our  acts  and  doings,  clean  and  void  from  all  temporal 
 affections  and  carnality  of  this  world,  in  that  the  laws  of 
 the  Church  made  for  spiritual  and  ghostly  purpose  be  not 
 sometimes  applied  to  worldly  intent ;  which  we  ought  and 
 do  lament  (as  becometh  us)  very  sore.  Nevertheless,  inas- 
 much as  the  evil  acts  and  deeds  of  men  be  the  more 
 defaults  of  those  particular  men,  and  not  of  the  whole 
 order  of  the  clergy,  nor  of  the  laws  wholesomely  by  them 
 made,  our  request  and  petition  shall  be,  with  all  humility 
 and  reverence,  that  all  laws  well  made  be  not  therefore 
 called  evil,  because  at  all  times,  and  by  all  men,  they  be  not 
 well  executed,  and  that  in  such  defaults  as  shall  appear, 
 such  distribution  may  be  used  as  St.  Paul  speaketh  of:  ut 
 unusquisque  onus  suum  p07-tet,  and  remedy  to  exhibit  to 
 reform  the  offenders ;  unto  the  which  your  highness  shall 
 perceive  as  great  towardness  in  your  said  orators  as  can  be 
 required  upon  declaration  of  the  particulars  and  special 
 articles  in  that  behalf.  And  other  answer  than  this,  cannot 
 be  made  in  the  name  of  your  whole  clergy,  considering  that, 
 in  many  of  the  particularities  which  be  alleged  as  defaults, 
 if  the  whole  clergy  should  confess  or  deny  them,  they  be 
 not  all  true  or  all  false  generally  in  the  whole ;  for  though 
 m  multis  offendimus  omnes,  as  St.  James  saith,  yet  not  in 
 onmibiis  offendimus  onmes ;  and  the  whole  number  can 
 neither  justify  nor  condemn  particular  acts  to  them  un- 
 known but  thus.  He  that  calleth  a  man  ex  officio  for  cor- 
 rection of  sin  doeth  well.  He  that  calleth  men  for  pleasure 
 and  vexation  doeth  evil.  Summoners  should  be  honest 
 men.  If  they  offend  in  their  office,  they  should  be  punished. 
 To  prove  first  the  same,  before  men   be  called,  it  is  not 
 
 M 
 
i62  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xlvii 
 
 1532.  necessary.  He  that  is  called  according  to  the  laws  ex  officio 
 or  otherwise  cannot  complain.  He  that  is  otherwise  or- 
 dered should  have,  by  reason,  convenient  recompence  and 
 so  forth  ;  that  that  is  well  to  be  allowed,  and  misdemeanour, 
 when  it  appeareth,  reproved. 
 Prison  Item,  where  they  say  in  the  same  article  that  upon  their 
 
 has  only     appearance  ex  officio  at  the  only  pleasure  of  us  the  said 
 been  used  ...  .         .  i     ,     .  i      •  i  i 
 
 for  safe       ordmaries  or  commissaries  and  their  substitutes,  they  be 
 
 custody  in  committed  to  prison  without  bail  or  mainprize,  and  there 
 
 heresy 
 
 cases,  and  they  lie,  some   half  a  year  or  more,  before  they  come  to 
 
 not  in  any  their  deliverance  :  To  this  your  said  orators  answer,  we  use 
 instances,  "o  person  before  conviction  but  for  sure  custody,  only  of 
 such  as  be  suspected  of  heresy,  in  which  crime,  thanked 
 be  God,  there  has  fallen  no  such  notable  personage,  in  our 
 time,  or  of  such  qualities  as  hath  given  occasion  of  any 
 sinister  suspicion  to  be  conceived  of  malice  or  hatred  to  his 
 person  other  than  the  heinousness  of  that  crime  deserveth. 
 Truth  it  is  that  certain  apostates,  friars,  monks,  lewd  priests, 
 bankrupt  merchants,  vagabonds,  and  lewd  idle  fellows  of 
 corrupt  intent,  have  embraced  the  abominable  and  erro- 
 neous opinions  lately  sprung  in  Germany,  and  by  them 
 some  seduced  in  simplicity  and  ignorance.  Against  these, 
 if  justice  has  been  exercised  according  to  the  laws  of  the 
 Church,  and  conformably  to  the  laws  of  this  realm,  we  be 
 without  blame.  If  we  have  been  too  slack  and  remiss,  we 
 shall  gladly  do  our  duty  from  henceforth.  If  any  man  hath 
 been  under  pretence  of  this  [crime]  particularly  offended, 
 it  were  pity  to  suffer  any  man  wronged  ;  and  thus  it  ought 
 to  be,  and  otherwise  we  cannot  answer,  no  man's  special 
 case  being  declared  in  the  said  petition. 
 No  man  Item,  where  they  say  further  that  they  so  appearing  ex 
 
 ought  to  be  ^^^^-^  be  constrained  to  answer  to  many  subtle  questions 
 entrapped    -^       ,  ,  j  -x 
 
 into  and  interrogatories,  by  the  which  a  simple,  unlearned,  or 
 
 making       g|gg  ^^  well-witted  layman  without  learninsf,  sometime  is,  and 
 
 dangerous  ■'  ^ 
 
 admis-        commonly  may  be,  trapped  and  induced  to  the  peril  of  open 
 
XLVii]      HISTORY  OF  THE  ENGLISH  CHURCH  163 
 
 penance,  to  their  shame,  or  else  to  redeem  the  same  penance      1532. 
 
 for  money,  as  is  commonly  used  :  To  this  your  said  orators  f^i^^s, 
 
 answer,  we  should  not  use  subtlety,  for  we  should  do  all  as  they 
 
 thino;s  plainly  and  openly  ;  and  if  we  do  otherwise,  we  do  know  no 
 ,  1  •  1  r        1  <^"e  has 
 
 amiss.     We  ought  not  to  ask  questions,  but  after  the  capa-  suffered 
 
 cities  of  the  man.     Christ  hath  defended  His  true  doctrine  y^|"°"S" 
 
 luily. 
 
 and  faith  in  His  Catholic  Church  from  all  subtlety,  and  so 
 preserved  good  men  in  the  same,  as  they  have  not  (blessed 
 be  God)  been  vexed,  inquieted,  or  troubled  in  Christ's 
 Church  therefor,  and  evil  men  fall  in  danger  by  their  own 
 subtlety  ;  for  among  all  other  matters  protested  before  God, 
 we  neither  have  known,  read,  or  heard  of  any  one  man 
 damaged,  hurt,  or  prejudiced  by  spiritual  jurisdiction  in 
 this  behalf,  neither  in  this  realm  nor  any  other,  but  only 
 by  his  own  deserts.  Such  is  the  goodness  of  God  in  main- 
 taining the  cause  of  His  Catholic  faith. 
 
 Item,  where  they  say  that  they  be  compelled  to  do  open  Commu- 
 penance,  or  else  to  redeem  the  same  for  money :  To  this  Nation  of 
 
 ^  '  _  .  penance 
 
 your  said  orators  answer ;  as  for  penance,  [it]  consisteth  in  the  is  in  cer- 
 arbitre  of  a  judse  who  ought,  without  affection,  enjoin  such  ^^'"  ^^^^^ 
 
 JO  o     J  ^        J  a  com- 
 
 penance  as  might  profit  for  correction  of  the  fault.  Where-  mendable 
 fore  we  disallow  that  judge's  doing,  who  taketh  money  for  ^^^^S- 
 penance,  for  lucre  or  advantage,  not  regarding  the  reforma- 
 tion of  sin  as  he  ought  to  do;  but  when  open  penance 
 may  sometime  work  in  certain  persons  more  hurt  than 
 good,  it  is  commendable  and  allowable  in  that  case  to 
 punish  by  the  purse  and  preserve  the  fame  of  the  party; 
 foreseeing  alway  the  money  be  converted  in  usus  pios  et 
 elee7nosynani  ;  and  thus  we  think  of  the  thing,  and  that  the 
 offenders  herein  should  be  punished. 
 
 Item,  where   they  complain   that  two  witnesses  be  ad-  As  regards 
 mitted,    be   they   never    so   defamed,    of   little   truth   and  ['^q'^^II"^ 
 credence,   adversaries    or   enemies   to   the  parties,    yet   in  nesses  of 
 many  causes  they  may   be  allowed  by  the  discretions  of  ^j^^j.^^^^^. 
 the  said  ordinaries,  their  commissaries  or  substitutes,  to  put 
 
 M  2 
 
i64  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xlvii 
 
 1532.      the  party  accused  or  defamed,  of  office,  to  open  penance, 
 
 to  give        and  then  to  redemption  for  money,  so  that  every  of  your 
 
 evidence 
 
 it  has  al-'    Subjects,  upon  the  only  will  and  pleasure  of  the  ordinaries, 
 
 ways  been  their   commissaries   and   substitutes,   without  any  accuser, 
 allowed  in  ,  -  .  i       •    r  i  i 
 
 heresy        proved  fame,  or  presentment,  is,  or  may  be,  mfamed,  vexed, 
 
 cases.  and  troubled,  to  the  peril  of  their  lives,  their  shames,  costs, 
 
 and  expenses : 
 
 To  this  your  said  orators  answer,  the  Gospel  of  Christ 
 
 teacheth  us  to  believe  two  witnesses ;  and  as  the  cause  is, 
 
 so  the  judge  must  esteem  the  qualities  of  the  witness,  and 
 
 in  heresy  no  exception   is   necessary   to  be  considered  if 
 
 their  tale  be  likely;  which  hath  been  highly  provided,  lest 
 
 heretics,  without  jeopardy,  might  else  plant  their  heresies  in 
 
 lewd  and  light  persons,  and,  taking  exception  to  the  witness, 
 
 take  boldness  to  continue  their  folly.     This  is  the  universal 
 
 law  of  Christendom  and  hath  universally  done  good.     Of 
 
 any  injury  done  to  any  man  thereby,  we  know  not. 
 
 They  Item,  where  they  say  that  it  is  not  intended  by  them  to 
 
 ^°^J^  ,       take  away  from  us  our  authority  to  correct  and  punish  sin, 
 
 wilhngjy  .  -^  '■ 
 
 be  dis-        and  especially  the  detestable  crime  of  heresy  : 
 
 charged  "Yq  this  your  said  orators  answer,  in  the  persecution  isk)  of 
 
 from  try-      ,  . 
 
 ing  heresy,  heretics  we  regard  our  duty  and  office  whereunto  we  be 
 
 if  It  were    called,  and  if  God  would  discharge  us  thereof,  or  cease  that 
 God  s  will.  . 
 
 plague  universal — as  by  your  mighty  hand,  and  directing  the 
 
 hearts  of  princes,  and  specially  of  your  highness  (laud  and 
 thanks  be  unto  Him),  His  goodness  doth  commence  and 
 begin  to  do — we  should  and  shall  have  great  cause  to  rejoice, 
 as  being  our  authority  therein  costly,  dangerous,  full  of 
 trouble  and  business,  without  any  fruit,  pleasure,  or  com- 
 modity worldly,  but  a  continual  conflict  and  vexation,  with 
 pertinacity^  wilfulness,  folly,  and  ignorance,  whereupon  fol- 
 loweth  their  bodily  and  ghostly  destruction,  to  our  great 
 sorrow  and  lamentation. 
 ^'"^  Item,  where  they  desire  that,  by  the  assent  of  your  hicjh- 
 
 ngorous  ^  ■'  '      •'  . 
 
 heresy        ness,  if  the  laws  heretofore  made  be  not  sufficient  for  the 
 
XLVii]      HISTORY  OF  THE  ENGLISH  CHURCH  165 
 
 repressing  of  heresy,   that  more  dreadful  and  terrible  may      1532. 
 be  made.     To   this  your  said  orators  answer,  this  is  un-  ^^^^  ^^^ 
 doubtedly  a  more   charitable   request    than  (as  we  trust)  necessary, 
 necessary,  considering  that  by  the  aid  of  your  highness, 
 the  pains  of  your  grace's  statutes  already  made,  freely  exe- 
 cuted, your  realm  may  be,  in  short  time,  clean  purged  from 
 the  few  small  dregs  that  do  remain,  if  any  do  remain. 
 
 Item,  whereas  they  desire  some  reasonable  declaration  No  new- 
 may  be  known  to  your  people  how  they  may  (if  they  will)  ^^^^ctions 
 avoid  the  peril  of  heresy :    To  this  your  said  orators  and  avoiding 
 bedesmen   say  and  answer,   that   there   can  be  no  better  "^'"^^y  ^'"^ 
 
 •'  _    '  necessary. 
 
 declaration  known  than  is  already  by  our  Saviour  Christ, 
 
 the  apostles,  and  the  determination  of  the  Church,  which 
 
 if  they  keep  they  shall  not  fail  clearly  to  eschew  heresy. 
 
 Item,  where  they  desire  that  some  charitable  fashion  may  The 
 
 be  devised  by  your  most  excellent  wisdom  for  the  calling  ^j^^^^^Jjj. 
 
 of  any  your  subjects  before  them,  that  it  shall  not  stand  in  in  heresy 
 
 •the  only  will  and  pleasure  of  the  ordinaries,  at  their  own  ^^  ^"   "    , 
 ■^1  '  cient,  and 
 
 imagination,    without   lawful   accusation,    proved   fame   by  any  mis- 
 honest  witness,  presentment  in  the  visitation,  or  other  lawful  ^^  ^,^^ 
 presentment   according   to   your   laws,    or   by    such   other  amended, 
 charitable  means  as  shall  be  thought  by  your  most  excel- 
 lent wisdom  measurable  in  that  behalf  for  the  quietness 
 of  your  subjects  :    To  this  your  said  orators  answer,  that 
 a  better  provision  cannot  be  devised  than  is  already  devised 
 by  the  clergy^  in  our  opinion ;  and  if  any  default  appear  in 
 the  execution,  it  shall  be  amended  upon  the  declaration  of 
 the  particulars  and  the  same  proved. 
 
 Item,  where  they  say  that  your  grace's  subjects  be  origin-  As  to 
 
 .      ,  ^    ,        ,.  1  1  1       n    •       summons 
 
 ally  accifed  to  appear  out  of  the  diocese  that  they  dwell  in,  without 
 and  many  times   be  suspended  and  excommunicated   for  diocese 
 
 .J.J  and  exces- 
 
 small  and  light  causes  upon  the  only  certificate  devised  gj^e  fees, 
 by  the  proctors,  &c.,  and  that  also  your  said  most  humble  the  arch- 
 
 r-ii  1  -j-Ui-u     bishop  is 
 
 and   obedient   subjects   find   themselves  grieved  with  the  already 
 great  and  excessive  fees  taken  in  the  spiritual  courts,  &c. :  reforming 
 
i66  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xlvii 
 
 1532.  To  this  article — for  because  it  concerneth  most  specially 
 
 ^^^/^°"^'s»  the  spiritual  courts  of  me  {sic\  the  Archbishop  of  Canterbury 
 officials       — please  it  your  grace  to  understand  that  about  twelve  months 
 
 thereof       pg^g^-  j  reformed  certain  things    objected  here  :    and  now, 
 have  been       .,.,  .        ^        .  ,  .... 
 
 useful  to     withm  these  ten  weeks,   1  reformed  many  other  thmgs  ni 
 
 the  king.  j^-,y  ^r^\^  courts,  as  it  is  I  suppose  not  unknown  unto  your 
 grace's  Commons  ;  and  some  of  the  fees  of  the  officers  in 
 my  courts  I  have  brought  down  to  halves,  some  to  the  third 
 part,  and  some  wholly  taken  away  and  extincted ;  and  yet 
 it  is  objected  as  though  I  had  taken  no  manner  of  reforma- 
 tion therein.  Nevertheless  I  will  not  cease  yet ;  but  in 
 such  things  as  I  shall  see  your  grace's  Commons  most 
 offended,  I  will  set  some  redress  accordingly,  so  as  I  trust 
 your  grace's  wor&hipful  Commons  will  be  contented  in  that 
 behalf.  And  I,  your  grace's  most  humble  chaplain  the 
 said  Archbishop  of  Canterbury,  entirely  beseech  your  grace 
 to  consider  what  high  services  the  doctors  of  civil  [law], 
 which  have  been  brought  up  and  had  their  experience  and- 
 practice  in  my  said  poor  courts,  have  done  to  your  grace 
 and  your  grace's  most  noble  progenitors  concerning  treaties, 
 truces,  confederations,  and  leagues,  drawn,  devised,  and  con- 
 cluded with  outward  princes ;  and  how  that,  without  such 
 learned  men  in  civil  law,  your  most  noble  grace  and  your 
 progenitors  could  not  have  been  so  honourably  and  so  con- 
 veniently served  in  that  behalf,  as  at  all  times  you  and  they 
 have  been,  which  thing  percase,  when  such  learned  men 
 in  civil  law  shall  fail  within  this  your  realm,  will  appear 
 more  evident  than  it  doth  now.  The  decay  whereof  grieveth 
 me  to  foresee  and  remember,  not  so  greatly  for  any  cause 
 concerning  specially  the  pleasure  or  profit  of  myself,  being 
 a  man  spent,  and  at  the  point  to  depart  this  world,  and 
 having  no  penny  of  any  advantage  by  my  said  courts,  but 
 principally  for  the  good  love  and  zeal  that  I  bear  to  the 
 honour  of  your  most  noble  grace  and  of  this  your  realm, 
 .    that  it  may  continue  in    as   high    estimation   in  outward 
 
XLVii]     HISTORY  OF  THE  ENGLISH  CHURCH  167 
 
 realms,  by  the  honourable  service  of  learned  men  in  civil      1532. 
 law,  being  ambassadors,  after  my  death,  as  it  hath  at  all 
 times  hitherto ;   of  which  learned  men  having  good  expe^ 
 rience,  your  grace  shall  not  fail  to  have  good  choice,  when 
 time  shall  require,  if  the  doctors  of  my  court,  the  Arches, 
 may  be  entertained  there,  as  they  have  been  in  times  past, 
 being  there  for  a  season  practising  and  preparing  them- 
 selves to  be  able  to  do  your  grace  acceptable  service  when 
 your  grace  shall  call  them  and  command  them.     And  albeit 
 there   is,   by  the  assent  of  the   Lords   temporal  and   the 
 Commons  of  your  ParHament,   an  Act  passed  thereupon  The  recent 
 already,  the  matter  depending  afore  your  majesty  by  way  ^^^  passed 
 of  supplication  offered  up  unto  your  highness  by  your  said  the  assent 
 Commons  ;  yet,  forasmuch  as  we,  your  2;race's  most  humble  °!  ^^^ 
 
 ^    -^  J   y  o  bishops,  IS 
 
 chaplains,   the   archbishops    of  Canterbury  and   York,   be  an  unde- 
 straitly  bounden  by  oath  to  be  intercessors  for  the  right  f^^^^.*^ 
 
 •'  •'  °       invasion 
 
 of  our  churches,  and  forasmuch  as  the  spiritual  prelates  of  the 
 of  the  clergy,  being  of  your  grace's  Parliament,  consented  j;|g^^^  °^ 
 not  to  the  said  Act,  for  divers  great  causes  moving  their  bury  and 
 consciences,   we,  your  grace's  said  chaplains,  in  our  most  Y°^^- 
 humble  manner  show  unto  your  highness  that  it  hath  apper- 
 tained to  the   archbishops  of  Canterbury  and  York,   the 
 right  of  their  churches  for  the  space  of  four  hundred  years 
 or  thereabouts,  to  have  spiritual  jurisdiction  over  all  them 
 your  grace's  subjects  dwelHng  within  their  provinces,  and 
 to  have  authority  to  call  them  before  them  by  citation,  not 
 only  in  spiritual  causes  devolved  to  them  by  way  of  appeal, 
 but  also  by  way  of  querimony  and  complaint ;  which  right 
 and  privilege  pertaineth  not  only  to  the  persons  of  the  said 
 archbishops,  but  also  to  the  dignities  and  the  pre-eminences 
 of  their  churches.      Insomuch  as  when  the  archbishop  of 
 either  of   the  sees  dieth,  the  said  privileges  do  not  only 
 remain  to  his  successor  (by  which  he  is  named  Legatus 
 natus)^  but  also,  in  the  mean  time  of  vacation,  the  same 
 privilege  resteth  in  the  churches  of  Canterbury  and  York, 
 
i68  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xlvii 
 
 1532.  and  is  executed  by  the  prior,  dean,  and  chapters  of  the  said 
 churches ;  and  so  the  said  Act  is  directly  against  the  liberty 
 and  privileges  of  the  churches  of  Canterbury  and  York,  law- 
 fully prescribed  by  so  long  time  as  is  aforesaid ;  and  what 
 dangers  be  to  them  which  study  and  labour  to  move  and 
 induce  any  persons  to  break  or  take  away  the  liberties  and 
 privileges  of  the  Church,  whoso  will  read  the  general 
 Councils  of  Christendom  and  holy  canons  of  the  fathers  of 
 the  Catholic  Church  ordained  in  that  behalf,  shall  soon 
 perceive,  as  well  as  though  they  were  here  expressed.  And 
 further  we  think  verily  that  our  churches,  to  whom  the  said 
 privileges  were  granted,  can  give  no  cause  why  the  pope 
 himself  (whose  predecessors  granted  that  privilege)  or  any 
 other  (the  honour  of  your  grace  ever  except)  may  justly 
 take  away  the  same  privilege,  so  lawfully  prescribed,  from 
 our  churches,  though  we  had  greatly  offended,  abusing  the 
 said  privileges  :  but  where,  in  our  persons,  we  trust  we  have 
 given  no  cause  why  to  lose  that  privilege,  we  most  entirely 
 and  most  humbly  beseech  your  grace  that,  of  your  super- 
 abundant goodness  and  absolute  power,  it  may  please  the 
 same  to  set  such  an  order  and  direction  in  this  behalf  as  we 
 may  enjoy  the  privileges  of  our  churches,  lawfully  prescribed 
 and  admitted  so  long  as  before,  by  the  consent  of  your  most 
 noble  grace,  your  progenitors,  the  temporal  lords  and  spiri- 
 tual prelates,  and  all  the  Commons^  both  spiritual  and 
 temporal,  of  this  your  grace's  realm. 
 Executors       Item,  where  they  say  that  the  executors  be  put  to  travel 
 
 are  not  as   ^^  f^j.  places  out  of  the  shire  they  dwell  in : 
 
 a  rule  '■  .      -^ 
 
 summoned       To  this  we,  your  grace's  said  orators,  answer  that  there  be 
 
 to  go  un-     none  so  far  called,  unless  it  be  by  my  lord  of  Canterbury  by 
 reasonable  '' 
 
 distances,    virtue  of  his  prerogative,  approved  by  a  statute  lately  by 
 
 them  (as  much  as  in  them  is)  passed.     And  as  touching 
 
 inferior  ordinaries,  having  ample  and  large  jurisdictions  and 
 
 dioceses,  there  be,  in  every  shire  for  the  most  part  appointed 
 
 and  remaining,  certain  commissaries,  officials,  or  substitutes 
 
XLVii]     HISTORY  OF  THE  ENGLISH  CHURCH  169 
 
 for  the  expedition  of  testaments  and  other  causes,  except  it  1532. 
 be  so  that  the  parties  themselves  will  come  further  for  the 
 same  cause,  or  that  the  bishop  or  his  officer  does  sometime 
 upon  consideration — for  that  the  testament  containeth  many 
 and  great  legacies  or  such  other — does  call  the  executors 
 before  them  where  they  be ;  which  they  may  do,  by  the 
 common  rule  of  the  laws  of  the  Church,  within  any  part  of 
 their  dioceses. 
 
 Item,  where  they  complain  that  there  is  exacted  and  As  regards 
 demanded  in  divers  parishes  of  this  your  realm,  other  ^.j^^  ^^j.^^' 
 manner  of  tithes  than  hath  been  accustomed  to  be  paid  due  by 
 this  hundred  years  past,  and  in  some  parts  of  this  your  realm  ^^^  the^^ 
 there  is  exacted  double  tithes,  that  is  to  say,  threepence  right  can- 
 or  twopence  half-penny,  for  one  acre,  over  and  beside  the  ^°'  ^^^^' 
 tithe  for  the  increase  of  the  cattle  that  pastureth  the 
 same : 
 
 To  this  we,  your  grace's  said  orators,  answer  that  tithes 
 being  due  by  God's  law,  be  so  duly  paid  (thanked  be  God) 
 by  all  good  men,  as  there  needeth  not  any  exaction  or 
 demand  in  the  most  parts  of  this  your  grace's  realm.  As 
 for  double  tithes,  [they]  cannot  be  maintained  due  for  one 
 increase ;  whether  it  be  in  any  place  unduly  exacted  or  no, 
 in  fact,  we  know  not.  This  we  know  in  learning,  that 
 a  hundred  years,  nor  seven  hundred,  of  non-payment  may 
 not  debar  the  right  of  God's  law.  The  manner  of  payment 
 and  person  unto  whom  to  pay  may  be,  in  time,  altered,  but 
 the  duty  cannot,  by  any  means,  be  taken  away. 
 
 Item,  where  they  say  that  where  any  mortuary  is  due,  Mortuaries 
 sometime  curates,  before  they  will  demand  it,  will  bring  °"|^  ^^^^ 
 citation   for   it,  and  then  will  not  receive  the  mortuaries  for  before 
 till  he  {sic)  may  have  such  costs  as  he  says  he  has  laid  out  ^ujfity'of 
 for  the  suit  of  the  same,  where,  indeed,  if  he  would  have  payment 
 charitably  first  demanded  it,  he  needed  not  to  have  sued  o.fJ„„^^" 
 
 given. 
 
 for  the  same,  for  it  should  have  been  paid  with  good  will : 
 To  this  we,  your  said  orators,  answer  that  these  curates 
 
I70  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xlvii 
 
 1532.      thus  offending,  if  they  were  known,  ought  to  be  punished : 
 
 but  who  thus  doeth,  we  know  not. 
 
 Fuller  in-         Item,   where  they  say  that  if  any  spiritual  person  has 
 
 ormation    obtained  the  possession  of  any  profit  for  the  time  of  thirty 
 
 ficient         or  forty  years,  albeit  such  profit  began  sometime  by  suffre- 
 
 titles  IS       nient,  sometime  by  devotion,  yet  it  is  said  that  the  said 
 
 needed  '  •'  '    -^ 
 
 before         prescription  maketh  a  good  title  in  the  law  against  any  lay 
 
 answer  can  pgj-son,  which  things  be  used  to  the  importable  charges  of 
 your  subjects  : 
 
 To  this  we,  your  said  orators,  answer  that  true  it  is  that 
 the  time  of  thirty  or  forty  years  maketh  a  lawful  prescription 
 by  the  law  used  and  approved  throughout  all  Christendom ; 
 but  whether,  by  the  reason  of  the  same,  any  importable 
 charges  be  put  upon  your  subjects,  we  know  not,  but  surely 
 trust  the  contrary ;  otherwise  we  cannot  determinately 
 answer,  except  the  specialty  were  disclosed. 
 The  Item,  where  they  say  that  divers  spiritual  persons — being 
 
 [nduction    presented,  as  well  by  your  highness  as  by  other  patrons 
 have  been  within  this  your  realm,  to  divers  benefices  and  other  spiritual 
 mo  erate.   pj-Qj^^Qi-^Q^s — we,  the  said  ordinaries  and  our  ministers,  do  not 
 only  take  of  them,  for  their  letters  of  institutions  and  induc- 
 tions, many  great  and  large  sums  of  money  and  reward,  &c. : 
 To  this  we,  your  said  orators,  answer  that  this  is  a  particular 
 abuse,  and  he  that  taketh  rewards  doeth  not  well ;  and  if 
 any  penny  be  exacted  above  the  accustomed  rate  usually 
 received,  and  after  a  convenient  proportion,  it  is  not  well 
 done ;   but  in  taking  the  accustomed  fees  for  the  sealing, 
 writing,  and  registering  of  the  letters,  which  is  very  mode- 
 rate, we  cannot  think  it  reputed  as  any  offence ;    neither 
 have  not  heard  any  priests,  by  our  days,  complain  of  any 
 excess  therein. 
 Bonds  Item,  where  they  say  in  the  same  article  that  such  as  be 
 
 ^^^^  presented  to  benefices,  as  aforesaid,  be  long  delayed,  without 
 
 during  ^  ,  /.         . 
 
 vacancies    reasonable  cause,  to  the  intent  that  we,  the  ordmaries,  may 
 are  illegal,  j^^^g  ^.j^g  profit  of  the  benefice  during  the  vacation,  unless 
 
XLVii]      HISTORY  OF  THE  ENGLISH  CHURCH  171 
 
 they  will  pact  and  convent  with  us  by  temporal  bonds,  after  1532. 
 such  fashion  and  condition  as  we  will,  whereof  some  bonds 
 contain  that  we,  the  ordinaries,  should  have  part  of  the  profit 
 of  the  said  benefices  after  their  institution,  so  that  they, 
 being  once  presented  or  promoted  as  is  aforesaid,  be  by  us, 
 the  said  ordinaries,  sometime  uncharitably  handled,  not  only 
 to  the  hurt  of  the  lay  patrons,  but  also  to  the  hindrance  and 
 impoverishment  of  their  clerks  by  them  presented,  which 
 your  said  subjects  suppose  not  only  to  be  against  right  and 
 good  conscience,  but  also  seemeth  to  be  simony  and  con- 
 trary to  the  laws  of  God  : 
 
 To  this  we,  your  grace's  humble  orators,  do  say  that 
 a  delay  without  reasonable  cause,  and  for  a  luccature 
 [lucrative?]  intent,  is  detestable  in  spiritual  men,  and  the 
 doers  cannot  eschew  punishment,  the  same  being  proved ; 
 but  otherwise  a  delay  is  sometimes  expedient  to  examine 
 the  clerk,  and  sometimes  necessary  where  the  title  is  in 
 variance.  All  other  bargains  and  covenants,  being  contrary 
 to  the  law,  ought  to  be  punished,  as  the  quality  is  of  the 
 offence,  more  or  less,  as  simony  or  inordinate  covetousness, 
 with  condign  pains  accordingly ;  but  in  facts  particular  and 
 special  defaults  the  whole  clergy  cannot  give  no  more 
 special  answer  than  this. 
 
 Item,    where   they   say  that   we   give   benefices   to   our  Presenta- 
 nephews  and  kinsfolk,  being  in  young  age  or  infants,  whereby  *'^"  P^ 
 the  cure  is  not  substantially  looked  unto,  nor  the  parishioners  and  young 
 taught  as  they  should  be  :  To  this  we,  your  humble  orators,  P^°P'^  ^^ 
 
 o  J  ^  J  '  not  wrong 
 
 say  that  that   thing   which   is  not  lawful  in   others  is    in  if  the 
 spiritual  men  more  detestable.     Benefices  should  be  dis- f^^^P^"  ,  .  ^ 
 posed   not   secundum   carnem   et   sanguine??i  sed  secujtdum  their 
 77ierita.     And  where  this  is  a  default  it  is  not  authorized  by  education, 
 the  clergy  as  good,  but  reproved ;    wherefore,  in  this,  the 
 clergy  is   not    to  be  blamed,  but  the  default  (as  it  may 
 appear)  laid  to  particular  men,  and  not  to  be  answered  unto 
 otherwise  by  the  whole  clergy. 
 
172  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xlvii 
 
 1532.  Item,  where  they  say  that  we,  your  said  orators,  take  the 
 
 profit  of  such    benefices    for  the  time  of  minority  of  our 
 
 said  kinsfolk  :    To  this  your  said  orators  answer  that  if  it 
 
 be  done  to  our  own  use  and  profit,  it  is  not  well,  but  to 
 
 be  reformed  in  such  as  do  use  the  same ;  otherwise,  if  it  be 
 
 bestowed  to  the  bringing  up  and  use  of  the  same  parties, 
 
 or  apphed  to  the  maintenance  of  the   Church   and  God's 
 
 service,  or  distributed  among  poor  people  of  the  parish  or 
 
 elsewhere,  we  do  not  see  but  that  it  may  be  allowed. 
 
 As  regards      Item,  where  they  say  that  they  think  a  great  number  of 
 
 the  exces-  j^^^^  ^^^^  which  now  at  this  present  time,  with  very  small 
 
 number  of  devotion,   be  solemnized   and   kept  throughout   this   your 
 
 ho  y  days    j-g^^j^-,    upon  the  which  many  great,  abominable,  and  exe- 
 
 abustts  non  '      ir  j    r>         ■>  ■> 
 
 tollit  usum.  crable  vices,  idle  and  wanton  sports  be  exercised  and  used, 
 which  holy  days  (if  it  might  stand  with  your  grace's 
 pleasure),  and  especially  such  as  fall  in  the  harvest,  might 
 by  your  majesty,  by  the  advice  of  your  most  honourable 
 council,  prelates,  and  ordinaries,  be  made  fewer  in  number, 
 and  these  that  shall  hereafter  be  ordained  may  be  the  more 
 devoutly,  religiously,  and  reverently  observed  in  the  law  of 
 Almighty  God  and  to  the  increase  of  your  highness's  honour 
 and  fame  : 
 
 To  this  we,  your  said  orators  and  bedesmen,  answer  that 
 we  be  right  heavy  in  our  hearts  to  hear  that  any  such 
 abominable  or  execrable  vice  should  be  used  at  any  time, 
 and  especially  on  the  holy  day ;  whereunto  we  intend  here- 
 after to  have  a  special  regard  for  the  reformation  of  the 
 same  with  all  diligence.  Moreover  we,  your  said  bedesmen, 
 say  that  we  think  (your  grace's  highness  not  offended)  it  is 
 neither  reasonable  nor  convenient  that  a  thing  that  is 
 instituted  by  our  holy  fathers  and  predecessors,  to  the  honour 
 of  God  and  His  blessed  saints,  should  be  taken  away  for  the 
 abuse  of  the  same,  seeing  that  there  is  nothing  so  good,  but 
 it  may  be  abused,  as  the  blessed  Sacrament  of  the  altar  and 
 all  other  holy  sacraments ;    which  no  good  Christian  man 
 
XLVii]      HISTORY  OF  THE  ENGLISH  CHURCH  173 
 
 will  think  that,  for  such  abuse,  they  should  be  taken  away,  1532. 
 but  rather  the  abuse  to  be  amended  and  reformed.  And 
 as  touching  the  holy  days  in  harvest,  there  be  in  August 
 but  Saint  Laurence,  the  Assumption  of  our  Blessed  Lady, 
 Saint  Bartholomew,  and  in  September  the  Nativity  of  our 
 Lady,  the  Exaltation  of  the  Cross,  and  Saint  Matthew  the 
 Apostle,  before  which  days  harvest  is  commonly  ended. 
 And  to  take  away  any  of  these,  we  suppose,  no  man  will  be 
 contented,  seeing  that  they  be  of  so  great  antiquity,  and 
 incorporated  in  the  law,  and  of  them  that  be  so  high  in  the 
 favour  of  God,  by  whose  intercession  and  means  we  may 
 the  better  obtain  His  favour  towards  us  in  His  benefits, 
 which  is  specially  to  be  regarded  in  the  harvest  time. 
 
 Item,    where   they  say    that    divers  and  many  spiritual  The 
 persons,  not  contented  with  the  convenient  livings  and  pro-  g^pjoy. 
 motions  of  the  Church,  daily  intromit  and  exercise  them-  ment  of 
 selves  in  secular  offices  and  rooms,  as  stewards,  receivers,  [n^certain^ 
 auditors,   bailiffs,  and   other  temporal  offices,  withdrawing  cases  be 
 themselves  from  the  good,  contemplative  life  that  they  have  ^  °^^ 
 professed  into  the  service  of  God,  not  only  to  the  damage 
 but  also  to  the  perilous  example  of  your  loving  and  obedient 
 subjects  :  To  this  we,  your  said  bedesmen  and  orators,  answer 
 that  beneficed  men  may  lawfully  be  stewards  and  receivers 
 to  their  own  bishops,  as  it  evidently  appeareth  in  the  laws 
 of  the  Church ;  and  we,  by  the  said  laws,  ought  to  have  no 
 other.     And  as  for  priests  to  be  auditors  and  bailiffs,  we 
 know  none  such. 
 
 And  where,  finally,  they,  in  the  conclusion  of  their  suppli-  The  ill-will 
 cation,  do  repeat  and  say  that  forasmuch  as  there  is  at  this  between 
 
 present  time,  and  by  a  few  years  past  hath  been,  much  clergy  and 
 
 J  .    laity, 
 
 misdemeanour  and  violence  upon  the  one  part,  and  much 
 
 default  and  lack  of  patience,  sufferance,  charity,  and  good  will 
 
 on  the  other  part,  [and]  a  marvellous  discord  of  the  quiet 
 
 and  godly  peace  and  tranquillity,  that  this  your  realm  hath 
 
 heretofore  been  in,  ever  hitherto,  through  your  politic  wisdom, 
 
174  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xlvii 
 
 1532.      in  most  honourable  fame  and  catholic  faith,  inviolably  pre- 
 served : 
 and  the  To  the  first  part  thereof,  as  touching  such  discord  as  is 
 
 vtolence  •  ^^po^ted,  and  also  the  misdemeanour  which  is  imputed  to 
 it  has  not  US  and  our  doings,  we  trust  we  have  sufficiently  answered 
 iinfess°'  ^°  ^^^  same  as  above,  humbly  beseeching  your  grace,  of 
 reference  your  most  excellent  goodness,  so  to  esteem  and  weigh  the 
 cedm-e 'i°  premises,  as  well  our  such  answer  as  the  contents  of  their 
 lieresy  supplication,  as  shall  be  thought  good  and  expedient  by 
 cases.  y^^j,  highness's  wisdom.  Furthermore  we  ascertain  your 
 grace  as  touching  the  violence  which  they  seem  to  lay 
 to  our  charges,  albeit  divers  of  the  clergy  of  this  your  realm 
 have  sundry  times  been  rigorously  handled,  and  with  much 
 violence  entreated  by  certain  ill-disposed  and  seditious 
 persons  of  the  lay  fee,  so  injured  in  their  own  persons, 
 thrown  down  in  the  kennel  in  the  open  street  at  mid-day, 
 even  here,  within  your  city  and  elsewhere,  to  the  great 
 reproach,  rebuke,  and  disquietness  of  the  clergy  and  minis- 
 ters of  God's  Church  within  this  your  realm,  the  great  danger 
 of  souls  of  the  said  misdoers,  and  perilous  example  of  your 
 said  subjects.  Yet  we  think  verily,  and  do  affirm  the  same, 
 that  no  violence  hath  been  so  used  on  our  behalf  towards 
 your  said  lay  subjects  in  any  case ;  unless  they  do  esteem 
 this  to  be  violence  that  we  do  commonly  use,  as  well  for 
 the  health  of  their  souls  as  for  the  discharge  of  our  duties, 
 in  taking,  examining,  and  punishing  of  heretics  according 
 to  the  law ;  wherein  we  doubt  not  but  that  your  grace  and 
 divers  of  your  grace's  subjects  do  right  well  perceive  and 
 understand  what  charitable  demeanour  and  entreaty  we 
 have  used  with  such  as  have  been  before  us  for  the  same 
 cause  of  heresy,  and  what  means  we  have  devised  and 
 studied  for  favour  and  safeguard  specially  of  their  souls ; 
 and  that  so  charitably  (as  God  be  our  judge)  and  without 
 all  violence  as  we  could  possibly  devise.  In  execution 
 whereof,  and   also  of  other  the  laws  of  the    Church  for 
 
XLVii]      HISTORY  OF  THE  ENGLISH  CHURCH  175 
 
 repression  of  sin  and  reformation  of  mislivers,  it  hath  been      l^^^. 
 
 to  our  great  comfort  that  your  grace  and  most  excellent 
 
 highness  hath  herein,  of  your  benign  goodness,  assisted  and 
 
 aided  us,  the  said  ordinaries  and  ministers  of  God's  Church, 
 
 in  this  behalf  for  the  great  zeal  and  entire  love  which  your 
 
 grace  beareth  to  God,  His  Church,  and  His  ministers ;  specially 
 
 in  the  defence   of  His  faith,  whereof  your  grace  only  and 
 
 most  worthily  amongst  all  Christian  princes   beareth  the 
 
 title  and  name. 
 
 And  as  to  their  final  petition  and  conclusion  we,  your  They  ask 
 
 grace's  said  most  humble  bedesmen,  in   our   most  lowly      .^,'"^^ 
 °  _  '  •'  assistance 
 
 wise  beseech  your  grace's  majesty — in  case  there  be  any  in  carrying 
 such  marvellous  discord  and  grudge  amongst  your  subjects  *^"!^  .*  ^^,^ 
 as  is  reported  in  the  said  supplication — all  the  premises  office, 
 considered  and  tendered  by  your  great  politic  wisdom, 
 to  repress  the  misdoers  and  such  as  be  the  occasion  of 
 the  said  marvellous  discord,  and  to  reconcile  and  bring  to 
 perpetual  unity  your  said  subjects.  For  in  this  behalf  we, 
 your  grace's  said  orators  and  humble  bedesmen,  protest  in 
 our  consciences  that  we  find,  in  our  behalf,  no  such  grudge 
 nor  displeasure  towards  your  lay  subjects,  our  ghostly 
 children,  as  above.  We  therefore,  your  most  humble  bedes- 
 men and  orators,  beseech  your  grace's  highness — upon  the 
 tender  zeal  and  entire  love  which  your  grace  doth  bear  to 
 Christ's  faith  and  to  the  laws  of  His  Church,  specially  in 
 this  your  grace's  own  realm — of  your  accustomed  and 
 incomparable  goodness  unto  us  your  said  bedesmen, 
 to  continue  our  chief  protector,  defender,  and  aider  in 
 and  for  the  execution  of  our  office  and  duty,  specially 
 touching  repression  of  heresy,  reformation  of  sin,  and  due 
 behaviour  and  order  in  the  premises  of  all  your  grace's 
 subjects,  spiritual  and  temporal,  which  (no  doubt  thereof) 
 shall  be  much  to  the  pleasure  of  God,  great  comfort 
 to  many's  souls,  quietness  and  unity  of  all  your  whole 
 realm,  and,  as  we  think  verily,  most  principally  to  the  great 
 
176  DOCUMENTS  ILLUSTRATIVE   OF  THE     [xlvii 
 
 1532.  comfort  of  your  grace's  majesty,  which  we  beseech  lowly 
 upon  our  knees,  so  entirely  as  we  can,  to  be  the  author  of 
 unity,  charity,  and  concord  as  above,  for  whose  preserva- 
 tion we  do  and  shall  continually  pray  to  Almighty  God 
 long  to  reign  and  prosper  in  most  honourable  estate  to  His 
 pleasure. 
 
 XLVIII. 
 
 THE   SUBMISSION    OF   THE    CLERGY,  a.  d.  1532. 
 
 1532.  By  the  following  document,  agreed  to  by  Convocation  on  May  15, 
 
 1532,  and  handed  to  the  king  on  the  following  day,  the  clergy  made 
 their  submission  to  the  king's  demands.  The  transcript  below  is  taken 
 from  a  regularly  certified  copy  from  the  Register  of  Convocation, 
 which  copy  is  now  preserved  amongst  the  State  Papers.  A  contem- 
 porary draft  of  the  preceding,  with  some  verbal  differences  and  an 
 extra  article,  is  also  preserved  amongst  the  State  Papers  (S.  P. 
 Hen.  VIII,  V.  1023  ii.).  Its  material  difference  is  the  omission  of 
 the  word  new.  Its  precise  relation  to  the  one  here  printed  is  not 
 quite  clear.  Presumably  the  one  agreed  to  by  Convocation  is  that 
 given  below.  The  w^ords  contained  in  square  brackets  are  those  in 
 which  1023  i.  differs  from  the  text  of  1023  ii.  ;  these  differences  are 
 given  in  the  foot-notes.  Many  verbal  differences  w^ill  be  noticed 
 between  both  these  forms  here  given  and  that  printed  by  Collier,  ix. 
 97,  and  other  authorities  who  quote  him;  his  basis  is  Cotton  MS. 
 Cleop.  F,  vi.  fol.  96. 
 
 [S.  P.  Henry  VIII.  v.  No.  1023  i.] 
 
 The  clergy      We  your  most  humble  subjects,  daily  orators  and  bedes- 
 
 ^^^  r.^        men  of  your  clergy  of  England,  having  our  special  trust  and 
 
 in  the  king  confidence  in  your  most  excellent  wisdom,  your  princely 
 
 P'"*^"       goodness  and  fervent  zeal  to  the  promotion  of  God's  honour 
 
 mise '.  ^  ^ 
 
 and  Christian  religion,  and  also  in  your  learning,  far  exceed- 
 ing, in  our  judgment,  the  learning  of  all  other  kings  and 
 princes  that  we  have  read  of,  and  doubting  nothing  but  that 
 the  same  shall  still  continue  and  daily  increase  in  your 
 majesty — 
 
XLViii]      HISTORY  OF  THE  ENGLISH  CHURCH  177 
 
 First,  do  offer  and  promise,  in  verbo  sacerdotii,  here  unto      1532. 
 your   highness,  submitting  ourselves  most  humbly  to  the  (^^  Not  to 
 same,  that  we  will  never  from  henceforth  [enact  ^],  put  in  new  ^""^ 
 ure  ",  promulge,  or  execute,  any  [new  canons  or  constitutions  canons 
 
 •   1  ^1  T  •      •   ,  without 
 
 provnicial,    or    any    other    new    ordmance,    provmcial    or  t^e  kind's 
 synodaP],  in  our  Convocation  [or  synod  ^]  in  time  coming,  licence  and 
 which    Convocation   is,   always   has    been,    and   must   be,  j-jon^ 
 assembled   only  by  your  highness'  commandment  of  writ, 
 unless  your  highness  by  your  royal  assent  shall  license  us 
 to  [assemble  our  Convocation,  and^]  to  make,  promulge, 
 and  execute  [such  constitutions   and    ordinances   as  shall 
 be  made  in  ^]  the  same ;  and  thereto  give  your  ^  royal  assent 
 and  authority. 
 
 Secondly,  that  whereas  divers  [of  the  ^]  constitutions,  [or-  (2)  To 
 dinances  '■',]  and  canons,  provincial  [or  synodal  ^'^j]  which  have  ^^q^^  ^^^ 
 been  heretofore  enacted,  be  thought  to  be  not  only  much  pre-  canons  to  a 
 judicial  to  your  prerogative  royal,  but  also  overmuch  onerous  of^vbion 
 to  your  highness'  subjects,  [your  clergy  aforesaid  is  contented,  on  condi- 
 if  it  may  stand  so  with  your  highness'  pleasure,  that  '^]  it  be  ^^^^^  ^„. 
 committed    to   the   examination   and   judgment    [of   your  proved  be 
 grace,  and  '^]  of  thirty-two  persons,  whereof  sixteen  to  be  of  "^^l^^ 
 the  upper  and  nether  house  of  the  temporalty,  and  other 
 sixteen  of  the  clergy,  all  to  be  chosen  and  appointed  by 
 your  [most  noble  grace  ^^].     So  that,  finally,  whichsoever  of 
 the  said  constitutions,  [ordinances,  or  canons,  provincial  or 
 synodal  ^*,]  shall  be  thought  and  determined  by  [your  grace 
 and  by  ^^]  the  most  part  of  the  said  thirty-two  persons  [not  to 
 stand  with  God's  laws  and  the  laws  of  your  realm,  the  same  ^^\ 
 ^'^  to  be  abrogated  and  [taken  away  by  your  grace  and  the 
 
 ^  presume  to  attempt,  allege,  claim,  or  yQi.         ^  Add.  or  to  enact. 
 ^  canons,   constitutions  or  ordinance  provincial,  or  by  any  other 
 name  whatsoever  they  may  be  called. 
 
 *  Om.  ^  Om.  ^  Om.  ''  Add.  most, 
 
 «  Om  8  Om.  i«  Om.  ^^  Om.  '''  Om. 
 
 "  highness.  "  Om.  i^  Qm.  ^^  Om. 
 
 "  Add.  worthy. 
 
 N 
 
178  DOCUMENTS  ILLUSTRATIVE   OF  THE     [xlviii 
 
 1532.  clergy ;  and  such  of  them  as  shall  be  seen  by  your  grace, 
 and  by  the  most  part  of  the  said  thirty-two  persons,  to  stand 
 with  God's  laws  and  the  laws  of  your  realm,  to  stand  in 
 full  strength  and  power,  your  grace's  most  royal  assent  and 
 authority  ^J  once  impetrate  and  fully  given  to  the  same. 
 
 XLIX. 
 
 THE  CONDITIONAL  RESTRAINT  OF  ANNATES, 
 
 A.  D.   1532. 
 
 23  Henry  VIII,  cap.  20. 
 
 1532.  The  payment  of  annates,   or  first-fruits,   i.  e.  one  year's  profit  of 
 
 spiritual  livings,  to  the  pope  had  already  been  the  subject  of  legis- 
 lation ;  their  payment  is,  by  the  following  Act,  conditionally  re- 
 strained. This  restraint  was  made  absolute  in  the  following  year 
 {post,  No.  LII).  The  record  known  as  the  Valor  Ecdesiasticus — 
 a  survey  or  valuation  of  all  ecclesiastical  benefices  throughout  England 
 and  Wales — is  the  return  compiled  by  Henry  VII I's  direction  after 
 the  absolute  restraint  of  these  payments  to  Rome  had  been  enacted  ; 
 before  that  compilation  they  had  been  calculated  upon  the  taxation  of 
 Pope  Nicholas  IV,  a.  d.  1291  (see  Bird's  Handbook  to  the  Public 
 Records,  pp.  100  and  io6).  This  Act  was  passed  in  the  session  of 
 Parliament,  Jan.-Mar.  1532. 
 
 [Transcr.  Statutes  of  the  Realm,  iii.  385.] 
 
 Great  sums      Forasmuch   as   it   is  well   perceived,    by   long-approved 
 
 conveyed    experience,  that  great  and  inestimable  sums  of  money  have 
 to  Rome  ^  '  °,  ,,.  ,  i--i 
 
 for  first-      been  daily  conveyed  out  of  this  realm,  to  the  mipoverish- 
 
 fruits  of      -a^Qnt  of  the  same ;    and  specially  such  sums  of  money  as 
 arch- 
 bishoprics       1  annulled,  the  same  to  be  afterwards  taken  away  by  your  most 
 f"T^       •        noble  grace  and    the   clergy,  and  to  be  abolite  as  of  no  force  nor 
 strength.     Thirdly,  that  all  other  of  the  said  constitutions  and  canons 
 being  viewed  and  approbate  by  the  said  thirty-two  persons,  which  by 
 the  most  part  of  their  judgments  do  stand  with  God's  law  and  your 
 highness',  to  stand  in  lull  strength  and  power,  your  grace's  most  royal 
 assent. 
 
XLix]      HISTORY  OF  THE  ENGLISH  CHURCH  179 
 
 the   pope's    holiness,  his    predecessors,   and   the  Court  of      1532. 
 Rome,    by  long   time   have   heretofore   taken   of  all   and 
 singular  those  spiritual  persons  which   have  been  named, 
 elected,    presented,    or    postulated   to    be   archbishops   or 
 bishops  within  this  realm   of  England,  under  the  title  of 
 annates,  otherwise  called  first-fruits  :  which  annates,  or  first- 
 fruits,  heretofore  have  been   taken   of  every  archbishopric, 
 or  bishopric,  within  this  realm,  by  restraint  of  the  pope's 
 bulls,  for  confirmations,  elections,  admissions,  postulations, 
 provisions,  collations,  dispositions,  institutions,  installations, 
 investitures,  orders,  holy  benedictions,  palls,  or  other  things 
 requisite  and  necessary  to  the  attaining  of  those  their  pro- 
 motions ;  and  have  been  compelled  to  pay,  before  they  could 
 attain  the  same,  great  sums  of  money,  before  they  might 
 receive  any  part  of  the  fruits  of  the  said  archbishopric,  or 
 bishopric,  whereunto  they  were  named,  elected,  presented, 
 or  postulated ;  by  occasion  whereof,  not  only  the  treasure  The 
 of  this  realm  has  been  greatly  conveyed  out  of  the  same,  thereby im- 
 but  also  it  has  happened  many  times,  by  occasion  of  death,  poverished 
 unto  such  archbishops,  and  bishops,  so  newly  promoted, 
 within  two  or  three  years  after  his  or  their  consecration, 
 that  his  or  their  friends,  by  whom  he  or  they  have  been  and  the 
 holpen  to  advance  and  make  payment  of  the  said  annates,  those  pro- 
 or  first-fruits,   have  been  thereby  utterly  undone  and  im-  moted 
 
 .  ,      ,  often 
 
 poverished :  ruined. 
 
 And  for  because  the  said  annates  have  risen,  grown,  and  Increase 
 increased,  by  an  uncharitable  custom,  grounded  upon  no  Jj"  ^^^^g 
 just  or  good  title,  and  the  payments  thereof  obtained  by 
 restraint  of  bulls,  until  the  same  annates,  or  first-fruits,  have 
 been  paid,  or  surety  made  for  the  same ;  which  declares 
 the  said  payments  to  be  exacted^  and  taken  by  constraint, 
 against  all  equity  and  justice  : 
 
 The  noblemen,  therefore,  of  the  realm,  and  the  wise,  sage,  Circum- 
 politic  Commons  of  the  same,  assembled  in  this  present  ^hkJhhave 
 Parliament,  considering  that  the  Court  of  Rome  ceases  not  led  to  this 
 
 N  2 
 
i8o  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xlix 
 
 1532.      to  tax,  take,  and  exact  the  said  great  sums  of  money,  under 
 Act  of  re-    the  title  of  annates,  or  first-fruits,  as  is  aforesaid,  to  the  great 
 
 S 1 1*3.1 11 1 
 
 damage  of  the  said  prelates  and  this  realm ;  which  annates,, 
 or  first-fruits,  were  first  suffered  to  be  taken  within  the  same 
 realm,  for  the  only  defence  of  Christian  people  against  the 
 infidels,  and  now  they  be  claimed  and  demanded  as  mere 
 duty,  only  for  lucre,  against  all  right  and  conscience :  inso- 
 much that  it  is  evidently  known,  that  there  has  passed  out 
 of  this  realm  unto  the  Court  of  Rome,  since  the  second 
 year  of  the  reign  of  the  most  noble  prince  of  famous 
 From  memory,  King  Henry  VII,  unto  this   present  time,  under 
 
 2  Hen.  VII  |-|-jg    name    of  annates,    or  first-fruits,    paid   for   the   expe- 
 
 £160,000  11-, 
 
 paid  in        dition  of  bulls  ot  archbishoprics,  and  bishoprics,  the  sum 
 
 first-fruits.  Qf  eight  hundred  thousand  ducats,  amounting  in  sterling 
 money,  at  the  least,  to  eight  score  thousand  pounds,  besides 
 other  great  and  intolerable  sums  which  have  yearly  been 
 conveyed  to  the  said  Court  of  Rome,  by  many  other  ways 
 and  means,  to  the  great  impoverishment  of  this  realm  : 
 
 The  re-  And  albeit  that  our  said  sovereign  the  king,  and  all  his 
 
 straint  of  natural  subiects,  as  well  spiritual  as  temporal,  be  as 
 annates  ■'  1  -i  j  r   /->    j 
 
 does  not     obedient,   devout,  catholic,  and  humble   children  of  God 
 
 ^"l-'^^hf  ^^^  Holy  Church,  as  any  people  be  within  any  realm 
 ness  to  christened ;  yet  the  said  exactions  of  annates,  or  first-fruits, 
 God  and     ^q,   g^   intolerable   and   importable   to  this  realm,   that  it 
 
 Holy 
 
 Church.  is  considered  and  declared,  by  the  whole  body  of  this 
 Consider-  realm  now  represented  by  all  the  estates  of  the  same 
 ^  J"        ,  assembled  in  this  present  Parliament,  that  the  king's  high- 
 
 Farhament  ^  '  cd  o 
 
 that,  for      ness  before  Almighty  God   is    bound,   as  by  the  duty  of 
 
 good  of  ^  ^Q^  Christian  prince,  for  the  conservation  and  preserva- 
 common-  ^  ^  '  .        . 
 
 wealth,       tion  of  the  good  estate  and  commonwealth  of  this  his  realm, 
 
 king  bound  ^^  ^^  ^H  ^|^^^  -^^  j^-^^^  -^  ^^  obviate,  repress,  and  redress  the 
 
 to  repress  ^       c         1 
 
 annates.      said  abuses  and  exactions  of  annates,  or  first-fruits  :    and 
 
 because    that    divers    prelates    of  this    realm    be   now    in 
 
 extreme  age,  and  in  other  debilities  of  their  bodies,  so  that 
 
 of  likelihood  bodily  death  in  short  time  shall  or  may  succeed 
 
XLix]      HISTORY  OF  THE  ENGLISH  CHURCH  i8i 
 
 unto  them ;  by  reason  whereof  great  sums  of  money  shall  1532. 
 shortly  after  their  deaths  be  conveyed  unto  the  Court  of 
 Rome,  for  the  unreasonable  and  uncharitable  causes  above- 
 said,  to  the  universal  damage,  prejudice,  and  impoverish- 
 ment of  this  realm,  if  speedy  remedy  be  not  in  due  time 
 provided  : 
 
 It  is  therefore  ordained,   established,   and   enacted,   by  All  pay- 
 authority   of    this   present   Parliament,    that   the   unlawful  "^^^its, 
 
 .  11,  other  than 
 
 payments  of  annates,  or  nrst-iruits,  and  all  manner  contri-  are  de- 
 butions  for  the  same,  for  any  archbishopric  or  bishopric,  ^^^J^^^  '^ 
 or  for  any  bulls  hereafter  to  be  obtained  from  the  Court  of  shall  cease. 
 Rome,  to  or  for  the  aforesaid  purpose  and  intent,  shall  from 
 henceforth  utterly  cease,  and  no  such  hereafter  to  be  paid 
 for  any  archbishopric,  or  bishopric,  within  this  realm,  other 
 or  otherwise  than  hereafter  in  this  present  Act  is  declared ; 
 and  that  no  manner  person  nor  persons  hereafter  to  be 
 named,  elected,  presented,  or  postulated  to  any  arch- 
 bishopric, or  bishopric,  within  this  realm,  shall  pay  the  said 
 annates,  or  first-fruits,  for  the  said  archbishopric,  or  bishopric, 
 nor  any  other  manner  of  sum  or  sums  of  money,  pensions, 
 or  annuities  for  the  same,  or  for  any  other  like  exaction,  or 
 cause,  upon  pain  to  forfeit  to  our  said  sovereign  lord  the 
 king,  his  heirs  and  successors,  all  manner  his  goods  and 
 chattels  for  ever,  and  all  the  temporal  lands  and  possessions 
 of  the  same  archbishopric,  or  bishopric,  during  the  time  that 
 he  or  they  which  shall  offend,  contrary  to  this  present  Act, 
 shall  have,  possess,  or  enjoy  the  archbishopric,  or  bishopric, 
 wherefor  he  shall  so  offend  contrary  to  the  form  aforesaid. 
 
 And  furthermore  it  is  enacted,  by  authority  of  this  present  Power  to 
 
 Parliament,    that   every  person    hereafter  named  and  pre-  f_\^}^' 
 
 ^  J    ^  ^        bishops  to 
 
 sented  to  the  Court  of  Rome  by  the  king,  or  any  of  his  consecrate 
 heirs   or  successors,   to  be  bishop  of  any  see  or  diocese  !"  England 
 
 '  ^  ■'  bishops 
 
 w^ithin  this  realm  hereafter,  shall  be  letted,  deferred,  or  hindered 
 delayed  at  the  Court  of  Rome  from  any  such  bishopric,  ^^  Roi^ie 
 whereunto  he  shall  be  so  presented,  by  means  of  restraint  mission  to 
 
l82 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [xlix 
 
 1532. 
 
 their 
 bishoprics. 
 
 An  arch- 
 bishop so 
 hindered 
 shall  be 
 conse- 
 crated 
 b}'  two 
 bishops, 
 
 as  in 
 ancient 
 times  was 
 done. 
 
 Arch- 
 bishops 
 or  bishops 
 shall  be 
 installed, 
 accepted, 
 and obeyed 
 as  other 
 prelates, 
 
 and  enjoy 
 all  spiri- 
 tualities 
 
 of  bulls  apostolic,  and  other  things  requisite  to  the  same ; 
 or  shall  be  denied  at  the  Court  of  Rome,  upon  convenient 
 suit  made,  any  manner  bulls  requisite  for  any  of  the  causes 
 aforesaid,  every  such  person  or  persons  so  presented  may  be, 
 and  shall  be,  consecrated  here  in  England  by  the  archbishop, 
 in  whose  province  the  said  bishopric  shall  be^  so  alway  that 
 the  same  person  shall  be  named  and  presented  by  the  king 
 for  the  time  being  to  the  same  archbishop : 
 
 And  if  any  persons  being  named  and  presented,  as  is  afore- 
 said, to  any  archbishopric  of  this  realm,  making  convenient 
 suit,  as  is  aforesaid,  shall  happen  to  be  letted,  deferred, 
 delayed,  or  otherwise  disturbed  from  the  same  archbishopric, 
 for  lack  of  pall,  bulls,  or  other  things  to  him  requisite,  to  be 
 obtained  in  the  Court  of  Rome  in  that  behalf,  that  then  every 
 such  person  named  and  presented  to  be  archbishop  may 
 be,  and  shall  be,  consecrated  and  invested,  after  presentation 
 made,  as  is  aforesaid,  by  any  other  two  bishops  within  this 
 realm,  whom  the  king's  highness,  or  any  of  his  heirs  or 
 successors,  kings  of  England,  for  the  time  being,  will  assign 
 and  appoint  for  the  same,  according  and  in  like  manner  as 
 divers  other  archbishops  and  bishops  have  been  heretofore, 
 in  ancient  time,  by  sundry  the  king's  most  noble  progenitors, 
 made,  consecrated,  and  invested  within  this  realm  : 
 
 And  that  every  archbishop  and  bishop  hereafter,  being 
 named  and  presented  by  the  king's  highness,  his  heirs  or 
 successors,  kings  of  England,  and  being  consecrated  and 
 invested,  as  is  aforesaid,  shall  be  installed  accordingly,  and 
 shall  be  accepted,  taken,  reputed,  used,  and  obeyed,  as  an 
 archbishop  or  bishop  of  the  dignity,  see,  or  place  whereunto 
 he  so  shall  be  named,  presented,  and  consecrated,  requires ; 
 and  as  other  like  prelates  of  that  province,  see,  or  diocese, 
 have  been  used,  accepted,  taken,  and  obeyed,  which  have 
 had,  and  obtained  completely,  their  bulls,  and  other  things 
 requisite  in  that  behalf  from  the  Court  of  Rome.  And 
 also  shall  fully  and  entirely  have  and  enjoy  all  the  spiritu- 
 
XLix]      HISTORY  OF  THE  ENGLISH  CHURCH  183 
 
 alities    and    temporalities    of    the    said    archbishopric   or      1532. 
 
 bishopric,  in  as  large,  ample,  and  beneficial  manner,  as  any  and  tem- 
 
 of  his  or  their  predecessors  had  and  enjoyed  in  the  said  ^^"^^  ^  ^^^' 
 
 archbishopric  or  bishopric,  satisfying  and  yielding  unto  the 
 
 king  our  sovereign  lord,  and   to  his  heirs   or   successors, 
 
 kings  of  England,  all  such  duties,  rights,  and  interests,  as  yielding  to 
 
 before  this  time  had  been  accustomed  to  be  paid  for  any  aifduf ^ 
 
 such  archbishopric  or  bishopric,  according  to  the  ancient  rights,  &c. 
 
 laws  and  customs  of  this  realm,  and  the  king's  prerogative 
 
 royal. 
 
 And  to  the  intent  our  said  holy  father  the  pope,  and  the  Provision 
 Court  of  Rome,  shall  not  think  that  the  pains  and  labours  [^^  court 
 taken,  and  hereafter  to  be  taken,  about  the  writing,  sealing,  of  Rome 
 obtaining,  and  other  businesses  sustained,  and  hereafter  to  t^erebv 
 be  sustained,  by  the  offices  of  the  said  Court  of  Rome,  for 
 and  about  the  expedition  of  any  bulls  hereafter  to  be  ob- 
 tained or  had  for  any  such  archbishopric  or  bishopric,  shall 
 be  irremunerated,  or  shall  not  be  sufficiently  and  condignly 
 recompensed  in  that  behalf ;  and  for  their  more  ready 
 expedition  to  be  had  therein  :  it  is  therefore  enacted  by  the 
 authority  aforesaid,  that  every  spiritual  person  of  this  realm, 
 hereafter  to  be  named,  presented,  or  postulated,  to  any 
 archbishopric  or  bishopric  of  this  realm,  shall  and  may 
 lawfully  pay  for  the  writing  and  obtaining  of  his  or  their 
 said  bulls,  at  the  Court  of  Rome,  and  ensealing  the  same 
 with  lead,  to  be  had  without  payment  of  any  annates,  or 
 first-fruits,  or  other  charge  or  exaction  by  him  or  them  to  be 
 made,  yielded,  or  paid  for  the  same,  five  pounds  sterling, 
 for  and  after  the  rate  of  the  clear  and  whole  yearly  value 
 of  every  hundred  pounds  sterling,  above  all  charges  of  any 
 such  archbishopric  or  bishopric,  or  other  money,  to  the 
 value  of  the  said  five  pounds,  for  the  clear  yearly  value 
 of  every  hundred  pounds  of  every  such  archbishopric  or 
 bishopric,  and  not  above,  nor  in  any  other  wise,  anything 
 in  this  present  Act  betore  written  notwithstanding. 
 
i84  DOCUMENTS  ILLUSTRATIVE   OF  THE     [xlix 
 
 1532.  And  forasmuch  as  the  king's  highness,  and  this  his  High 
 
 TheParlia-  Court  of  ParHament,  neither  have,  nor  do  intend  to  use  in 
 ment,  not      ,  .  ,i         ti  r       ^         -^ 
 
 willing  to    ^^"'^S'  ^^  ^^'•y  Other  hke  cause,  any  manner  of  extremity  or 
 
 use  ex-        violence,    before    gentle    courtesy  and   friendly  ways  and 
 
 wkTout       means  first  approved  and  attempted,  and  without  a  very 
 
 urgent        great  urgent  cause  and  occasion  given  to  the  contrary,  but 
 
 '         principally  coveting  to  disburthen  this  realm   of  the  said 
 
 have  com-  great  exactions,  and  intolerable  charges  of  annates,  and  first- 
 
 mitted  this  fruits,   have  therefore  thought  convenient  to  commit  the 
 matter  to  .        .  .  .        ,,    ,  . 
 
 the  king,  if  n^al  Order  and  determmation  ot  the  premises,  m  all  thmgs, 
 
 possible  to  unto  the  king's  highness.     So  that  if  it  may  seem  to  his 
 
 compound   _  .    ,        .    .  ,  ,  ,.  . 
 
 it  with  the  high  wisdom,  and  most  prudent  discretion,  meet  to  move 
 
 Court  of     the  pope's   holiness,   and  the  Court   of  Rome,   amicably, 
 
 Rome  for      ,       .     i  ,  ,  ,  ,  i       •  i 
 
 annates,      charitably,  and  reasonably,  to  compound,  either  to  extinct 
 
 and  make  frustrate  the  payments  of  the  said  annates,  or 
 
 first-fruits,  or  else,  by  some  friendly,  loving,  and  tolerable 
 
 composition,  to  moderate  the  same,  in  such  wise  as  may  be 
 
 by  this  his  realm  easily  borne  and  sustained :  that  then  those 
 
 ways  and  compositions  once  taken,  concluded,  and  agreed, 
 
 between  the  pope's  holiness  and  the  king's  highness,  shall 
 
 stand  in  strength,  force  and  effect  of  law,  inviolably  to  be 
 
 observed. 
 
 The  king        And  it  is  also   further   ordained,   and   enacted    by  the 
 shall 
 
 before  the  authority  of  this  present  Parliament,  that  the  king's  high- 
 next  Par-    ness  at  any  time,  or  times,  on  this  side  the  feast  of  Easter, 
 declare'if    which  shall  be  in  the  year  of  our  Lord  God,  one  thousand 
 this  shall     five  hundred  and  three  and  thirty,  or  at  any  time  on  this 
 Q^  ^^j.^^"  ^  side  the  beginning  of  the  next  Parliament,  by  his  letters 
 patent  under  his  great  seal,  to  be  made,  and  to  be  entered 
 of  record  in  the  roll  of  this  present  Parliament,  may  and 
 shall  have  full  power  and  liberty  to  declare,  by  the  said 
 letters  patent,  whether  that  the  premises,  or  any  part,  clause, 
 or  matter  thereof,  shall  be  observed,  obeyed,  executed,  per- 
 formed, and  take  place  and  effect,  as  an  act  and  statute  of 
 this  present  Parliament,  or  not ;  so  that  if  his  highness,  by  his 
 
XLix]      HISTORY  OF  THE  ENGLISH  CHURCH  185 
 
 said  letters  patent,  before  the  expiration  of  the  terms  above  1532. 
 limited,  thereby  do  declare  his  pleasure  to  be,  that  the  pre- 
 mises, or  any  part,  clause,  or  matter  thereof,  shall  not  be  put 
 in  execution,  observed,  continued,  nor  obeyed — in  that  case 
 all  the  said  premises,  or  such  part,  clause,  or  matter  thereof, 
 as  the  king's  highness  so  shall  refuse,  disaffirm,  or  not  ratify, 
 shall  stand  and  be  from  henceforth  utterly  void  and  of  none 
 effect.  And  in  case  that  the  king's  highness,  before  the 
 expiration  of  the  terms  afore  prefixed,  do  declare  by  his  said 
 letters  patent,  his  pleasure  and  determination  to  be,  that 
 the  said  premises,  or  every  clause,  sentence,  and  part  thereof, 
 that  is  to  say,  the  whole,  or  such  part  thereof  as  the  king's 
 highness  so  shall  affirm,  accept,  and  ratify,  shall  in  all  points 
 stand,  remain,  abide,  and  be  put  in  due  and  effectual 
 execution,  according  to  the  purport,  tenor,  effect,  and  true 
 meaning  of  the  same ;  and  to  stand  and  be  from  henceforth 
 for  ever  after,  as  firm,  steadfast,  and  available  in  the  law,  as 
 though  the  same  had  been  fully  and  perfectly  established, 
 enacted,  and  confirmed,  to  be  in  every  part  thereof,  im- 
 mediately, wholly,  and  entirely  executed,  in  like  manner, 
 form,  and  effect,  as  other  Acts  and  laws  ;  the  which  be 
 fully  and  determinately  made,  ordained,  and  enacted  in  this 
 present  Parliament. 
 
 And  if  that  upon  the  aforesaid  reasonable,  amicable,  and  If  means  of 
 charitable  ways  and  means,  by  the  king's  highness  to  be  ^etermina- 
 experimented,   moved,   or  compounded,   or   otherwise   ap-  tion  fail, 
 proved,   it   shall   and   may  appear,   or   be   seen   unto   his 
 grace,  that  this  realm  shall   be  continually  burdened  and 
 charged  with  this,  and  such  other  intolerable  exactions  and 
 demands,  as  heretofore  it  hath  been  ;  and  that  thereupon, 
 for  continuance  of  the  same,  our  said  holy  father  the  pope, 
 or  any  of  his  successors,  or  the  Court  of  Rome,  will,  or  do,  ^^^  the 
 or  cause  to  be  done  at  any  time  hereafter,  so  as  is  above  tempt  to 
 rehearsed,    uniustly,   uncharitably,  and   unreasonably,   vex,  vex  the 
 
 111  •  -J  •         1      ^    country  by 
 
 mquiet,  molest,  trouble,  or  grieve  our  said  sovereign  lord,  interdict. 
 
i86 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [xux 
 
 1532. 
 
 all  sacra- 
 ments and 
 divine 
 services 
 shall  con- 
 tinue to  be 
 ministered, 
 notwith- 
 standing, 
 
 and  the 
 interdicts, 
 &c.,  shall 
 not  be  ex- 
 ecuted. 
 
 his  heirs  or  successors,  kings  of  England,  or  any  of  his  or 
 their  spiritual  or  lay  subjects,  or  this  his  realm,  by  excom- 
 munication, excommengement,  interdiction,  or  by  any  other 
 process,  censures,  compulsories,  ways  or  means : 
 
 Be  it  enacted  by  the  authority  aforesaid,  that  the  king's 
 highness,  his  heirs  and  successors,  kings  of  England,  and 
 all  his  spiritual  and  lay  subjects  of  the  same,  without  any 
 scruples  of  conscience,  shall  and  may  lawfully,  to  the  honour 
 of  Almighty  God,  the  increase  and  continuance  of  virtue 
 and  good  example  within  this  realm,  the  said  censures, 
 excommunications,  interdictions,  compulsories,  or  any  of 
 them  notwithstanding,  minister,  or  cause  to  be  ministered, 
 throughout  this  said  realm,  and  all  other  the  dominions  or 
 territories  belonging  or  appertaining  thereunto,  all  and  all 
 manner  of  sacraments,  sacramentals,  ceremonies,  or  other 
 divine  service  of  Holy  Church,  or  any  other  thing  or  things 
 necessary  for  the  health  of  the  soul  of  mankind,  as  they 
 heretofore  at  any  time  or  times  have  been  virtuously  used 
 or  accustomed  to  do  within  the  same ;  and  that  no  manner 
 such  censures,  excommunications,  interdictions,  or  any  other 
 process  or  compulsories,  shall  be  by  any  of  the  prelates,  or 
 other  spiritual  fathers  of  this  region,  nor  by  any  of  their 
 ministers  or  substitutes,  be  {sic)  at  any  time  or  times  hereafter 
 published,  executed,  nor  divulged,  nor  suffered  to  be  pub- 
 lished, executed,  or  divulged  in  any  manner  of  wise. 
 
 Be  it  remembered  that  on  the  9th  day  of  July,  in  the 
 25th  year  of  the  'reign  of  King  Henry,  the  same  lord  the 
 king,  by  his  letters  patent,  sealed  under  his  great  seal,  ratified 
 and  confirmed  the  aforesaid  Act,  and  gave  to  that  Act  his 
 royal  assent. 
 
l]       history  of  the  ENGLISH  CHURCH  187 
 
 L. 
 
 THE   RESTRAINT    OF   APPEALS,    a.d.    1533. 
 24  Henry  VIH,  cap.  12. 
 
 This  Act — which  embodies  the  legal  principle  of  the  reformation  1533. 
 under  Henry  VIII,  as  the  Dispensation  Act  {post,  No.  LIII)  sets 
 forth  the  ecclesiastical  principle — was  passed  in  February,  1533 ;  it 
 was  repealed  by  Mary's  general  Act  of  repeal  {post,  No.  LXXVI), 
 which  repeal  was  in  turn  repealed  by  i  Elizabeth,  cap.  i  {post, 
 No.  LXXIX). 
 
 [Transcr.  Statutes  of  the  Realm,  iii.  427.] 
 
 Where   by   divers   sundry   old   authentic    histories    and  Recital  of 
 chronicles,  it  is  manifestly  declared  and  expressed,  that  this  ^"^^^"^ 
 
 '  -'      _  r  )  power  and 
 
 realm  of  England  is  an  empire,  and  so  hath  been  accepted  pre-emi- 
 in   the  world,   governed   by  one  supreme  head  and  king,  {Jf" ^^^^^  of 
 having  the  dignity  and  royal  estate  of  the  imperial  crown  of  England, 
 the  same,  unto  whom  a  body  politic,  compact  of  all  sorts 
 and  degrees  of  people,  divided  in  terms,  and  by  names  of 
 spiritualty  and  temporalty,  be  bounden  and  ought  to  bear, 
 next  to  God,  a  natural  and  humble  obedience :    he  being 
 also  institute  and  furnished,  by  the  goodness  and  sufferance 
 of  Almighty  God,  with  plenary,  whole,  and  entire  power,  pre- 
 eminence, authority,  prerogative  and  jurisdiction,  to  render 
 and  yield  justice,  and  final  determination  to  all  manner  of 
 folk,  residents,  or  subjects  within  this  his  realm,  in  all  causes, 
 matters,  debates,  and  contentions,  happening  to  occur,  in- 
 surge,  or  begin  within  the  limits  thereof,  without  restraint, 
 or  provocation  to  any  foreign  princes  or  potentates  of  the 
 world  ;  the  body  spiritual  whereof  having  power,  when  any  and  of  the 
 cause  of  the  law  divine  happened  to  come  in  question,  or  {^^^^iiio^of 
 of  spiritual  learning,  then  it  was  declared,  interpreted,  and  the  body 
 showed  by  that  part  of  the  said  body  politic,  called  the  f^^"!j5sj;°^ 
 spiritualty,   now  being  usually  called  the  English  Church,  Church.' 
 
i88 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE        [l 
 
 1533. 
 
 Form  of 
 govern- 
 ment of 
 the  estate 
 temporal. 
 
 Statutes 
 made  in 
 time  past 
 to  prevent 
 encroach- 
 ments of 
 Rome  or 
 other 
 foreign 
 power. 
 
 Notwith- 
 standing 
 which, 
 
 which  always  hath  been  reputed,  and  also  found  of  that  sort, 
 that  both  for  knowledge,  integrity,  and  sufficiency  of  number, 
 it  hath  been  always  thought,  and  is  also  at  this  hour,  sufficient 
 and  meet  of  itself,  without  the  intermeddling  of  any  exterior 
 person  or  persons,  to  declare  and  determine  all  such  doubts, 
 and  to  administer  all  such  offices  and  duties,  as  to  their 
 rooms  spiritual  doth  appertain ;  for  the  due  administration 
 whereof,  and  to  keep  them  from  corruption  and  sinister 
 affection,  the  king's  most  noble  progenitors,  and  the  ante- 
 cessors of  the  nobles  of  this  realm,  have  sufficiently  endowed 
 the  said  Church,  both  with  honour  and  possessions;  and 
 the  laws  temporal,  for  trial  of  property  of  lands  and  goods, 
 and  for  the  conservation  of  the  people  of  this  realm  in  unity 
 and  peace,  without  ravin  or  spoil,  was  and  yet  is  ad- 
 ministered, adjudged,  and  executed  by  sundry  judges  and 
 ministers  of  the  other  part  of  the  said  body  politic,  called 
 the  temporalty  ;  and  both  their  authorities  and  jurisdictions 
 do  conjoin  together  in  the  due  administration  of  justice,  the 
 one  to  help  the  other. 
 
 And  whereas  the  king,  his  most  noble  progenitors,  and 
 the  nobility  and  Commons  of  this  said  realm,  at  divers  and 
 sundry  Parliaments,  as  well  in  the  time  of  King  Edward  I, 
 Edward  III,  Richard  II,  Henry  IV,  and  other  noble 
 kings  of  this  realm,  made  sundry  ordinances,  laws,  statutes, 
 and  provisions  for  the  entire  and  sure  conservation  of 
 the  prerogatives,  liberties,  and  pre-eminences  of  the  said 
 imperial  crown  of  this  realm,  and  of  the  jurisdiction 
 spiritual  and  temporal  of  the  same,  to  keep  it  from  the 
 annoyance  as  well  of  the  see  of  Rome,  as  from  the 
 authority  of  other  foreign  potentates,  attempting  the  dimi- 
 nution or  violation  thereof,  as  often,  and  from  time  to 
 time,  as  any  such  annoyance  or  attempt  might  be  known 
 or  espied. 
 
 And  notwithstanding  the  said  good  statutes  and  ordin- 
 ances made  in  the  time  of  the  king's  most  noble  progeni- 
 
l]       history  of  the  ENGLISH  CHURCH  189 
 
 tors,  in  preservation  of  the  authority  and  prerogative  of  the      1533. 
 said  imperial  crown,  as  is  aforesaid ;  yet  nevertheless  since  dangers 
 the  making  of  the  said  good  statutes  and  ordinances,  divers  videdfor 
 and  sundry  inconveniences  and  dangers,  not  provided  for  therein 
 plainly  by  the   said  former  acts,  statutes,  and  ordinances,  arisen  by 
 have  arisen  and  sprung  by  reason  of  appeals  sued  out  of  this  appeals  to 
 realm  to  the  see  of  Rome,  m  causes  testamentary,  causes  of 
 matrimony  and  divorces,  right  of  tithes,  oblations  and  ob- 
 ventions,  not  only  to  the  great  inquietation,  vexation,  trouble, 
 cost  and  charges  of  the  king's  highness,  and  many  of  his 
 subjects  and  residents  in  this  his  realm,  but  also  to  the  great  These 
 delay  and  let  to  the  true  and  speedy  determination  of  the  ^PP^^^s 
 said  causes,  for  so  much  as  the  parties  appealing  to  the  said  justice. 
 Court  of  Rome  most  commonly  do  the  same  for  the  delay 
 of  justice. 
 
 And  forasmuch  as  the  great  distance  of  way  is  so  far  out  Inconveni- 
 of  this  realm,  so  that  the   necessary  proofs,  nor  the  true  ^^^^^ 
 knowledge  of  the  cause,  can  neither  there  be  so  well  known,  peals  by 
 nor  the  witnesses  there  so  well  examined,  as  within  this  ^tstance' 
 realm,  so  that  the  parties  grieved   by  means   of  the  said 
 appeals  be  most  times  without  remedy : 
 
 In  consideration  whereof  the  king's  highness,  his  nobles  All  causes 
 and  Commons,  considering  the  great  enormities,  dangers,  ^ble  by "' 
 long  delays  and  hurts,  that  as  well  to  his  highness,  as  to  his  spiritual 
 said  nobles,  subjects,  commons,  and  residents  of  this  his  realm,  jV^J^^  J^'j^^ 
 in  the  said  causes  testamentary,  causes  of  matrimony  and  deter- 
 divorces,  tithes,  oblations  and  obventions,  do  daily  ensue,  [^^"^in  "s 
 does  therefore  by  his  royal  assent,  and  by  the  assent  of  the  courts, 
 lords  spiritual  and  temporal,  and  the  Commons,   in  this  ^^"^P°^^ 
 present    Parliament   assembled,   and   by   authority   of  the  spiritual, 
 same,  enact,   establish,  and   ordain,  that  all  causes  testa- 
 mentary, causes  of  matrimony  and  divorces,  rights  of  tithes, 
 oblations  and  obventions  (the  knowledge  whereof  by  the 
 goodness  of  princes   of  this  realm,  and  by  the  laws  and 
 customs  of  the  same,   appertaineth  to  the  spiritual  juris- 
 
I90  DOCUMENTS  ILLUSTRATIVE   OF  THE       [l 
 
 1533.  diction  of  this  realm)  already  commenced,  moved,  depend- 
 ing, being,  happening,  or  hereafter  coming  in  contention, 
 debate,  or  question  within  this  realm,  or  within  any  the 
 king's  dominions^  or  marches  of  the  same,  or  elsewhere, 
 whether  they  concern  the  king  our  sovereign  lord,  his  heirs 
 and  successors,  or  any  other  subjects  or  residents  within  the 
 same,  of  what  degree  soever  they  be,  shall  be  from  hence- 
 forth heard,  examined,  discussed,  clearly,  finally,  and 
 definitively  adjudged  and  determined  within  the  king's 
 jurisdiction  and  authority,  and  not  elsewhere,  in  such 
 courts  spiritual  and  temporal  of  the  same,  as  the  natures, 
 conditions,  and  qualities  of  the  causes  and  matters  aforesaid 
 in  contention,  or  hereafter  happening  in  contention,  shall 
 require,  without  having  any  respect  to  any  custom,  use,  or 
 sufferance,  in  hindrance,  let,  or  prejudice  of  the  same,  or  to 
 any  other  thing  used  or  suffered  to  the  contrary  thereof 
 by  any  other  manner  of  person  or  persons  in  any  manner  of 
 Any  wise ;  any  foreign  inhibitions,  appeals,  sentences,  summons, 
 
 oreign  m-  citations,  suspensions,  interdictions,  excommunications,  re- 
 &c,,  not-     straints,  judgments,  or  any  other  process  or  impediments,  of 
 wi^  stand-  ^^-[^r^^  natures,  names,  qualities,  or  conditions  soever  they  be, 
 from  the  see  of  Rome,  or  any  other  foreign  courts  or  poten- 
 tates of  the  world,  or  from  and  out  of  this  realm,  or  any 
 other  the  king's  dominions,  or  marches  of  the  same,  to  the 
 see  of  Rome,  or  to  any  other  foreign  courts  or  potentates, 
 to  the  let  or  impediment  thereof  in  any  wise  notwithstanding. 
 Only  sen-        And  that  it  shall  be  lawful  to  the  king  our  sovereign  lord, 
 n^ounced'°'  ^^^  ^^  ^^^  heirs  and  successors,  and  to  all  other  subjects 
 in  the         or   residents   within    this   realm,  or  witliin  any  the  king's 
 counts  to     dominions,  or  marches  of  the  same — notwithstanding  that 
 take  effect,  hereafter  it  should  happen  any  excommengement,  excommu- 
 nications, interdictions,  citations,  or  any  other  censures,  or 
 foreign  process  out  of  any  outward  parts,  to  be  fulminate, 
 provulged,  declared,  or  put   in    execution  within  this  said 
 realm,  or  in  any  other  place  or  places,  for  any  of  the  causes 
 
l]       history  of  the  ENGLISH  CHURCH  191 
 
 before  rehearsed,  in  prejudice,  derogation,  or  contempt  of  1533. 
 this  said  Act,  and  the  very  true  meaning  and  execution 
 thereof — may  and  shall  nevertheless  as  well  pursue,  execute, 
 have,  and  enjoy  the  effects,  profits,  benefits,  and  commodities 
 of  all  such  processes,  sentences,  judgments,  and  determina- 
 tions done,  or  hereafter  to  be  done,  in  any  of  the  said 
 courts  spiritual  or  temporal,  as  the  cases  shall  require,  with- 
 in the  limits^  power,  and  authority  of  this  the  king's  said 
 realm,  and  dominions  and  marches  of  the  same,  and  those 
 only,  and  none  other  to  take  place,  and  to  be  firmly  observed 
 and  obeyed  within  the  same. 
 
 As  also,  that  all  the  spiritual  prelates,  pastors,  ministers,  Clergy  to 
 and   curates  within  this  realm,  and  the  dominions  of  the  "  ?-ffl^„  j 
 same,  shall  and  may  use,  minister,  execute  and  do,  or  cause  administer 
 to  be  used,  ministered,  executed  and  done,  all  sacraments,  ^^^l^^^^^, 
 sacramentals,  divine  services,  and  all  other  things  within  the  jects  of  the 
 said  realm  and  dominions,  unto  all  the  subjects  of  the  same,  ^^h^tand- 
 as  catholic  and  Christian  men  ought  to  do  ;  any  former  cita-  ing  any 
 tions,  processes,  inhibitions,  suspensions,  interdictions,  ex-  JJJ.  gj^gp^j^. 
 communications,  or  appeals,  for  or  touching  the  causes  afore-  sion  from 
 said,  from  or  to  the  see  of  Rome,  or  any  other  foreign  prince     °"^^" 
 or  foreign  courts,  to  the  let  or  contrary  thereof  in  any  wise 
 notwithstanding. 
 
 And  if  any  of  the  said  spiritual  persons,  by  the  occasion  Penalty  for 
 of  the  said  fulminations  of  any  of  the  same  interdictions,  ^^g^  "^  ^° 
 censures,  inhibitions,  excommunications,  appeals,  suspen- 
 sions, summons,  or  other  foreign  citations  for  the  causes 
 beforesaid,  or  for  any  of  them,  do  at  any  time  hereafter 
 refuse  to  minister,  or  cause  to  be  ministered,  the  said  sacra- 
 ments and  sacramentals,  and  other  divine  services,  in  form 
 as  is  aforesaid,  shall  for  every  such  time  or  times  that  they 
 or  any  of  them  do  refuse  so  to  do,  or  cause  to  be  done,  have 
 one  year's  imprisonment,  and  to  make  fine  and  ransom  at 
 the  king's  pleasure. 
 
 And  it  is  turther  enacted  by  the  authority  aforesaid,  that 
 
192  DOCUMENTS  ILLUSTRATIVE  OF  THE       [l 
 
 1533.      if  any  person  or  persons  inhabiting  or  resident  within  this 
 Any  at-       reahii,  or  within  any  of  the  king's  said  dominions,  or  marches 
 
 tempting         ,.    ,  ,  .     , 
 
 to  procure  ^^  ^^^  same,  or  any  other  person  or  persons,  of  what  estate, 
 an  inter-  condition,  or  degree  soever  he  or  they  be,  at  any  time  here- 
 appealing  ^fter,  for  or  in  any  the  causes  aforesaid,  do  attempt,  move, 
 to  Rome,  purchase,  or  procure,  from  or  to  the  see  of  Rome,  or  from  or 
 
 will  incur     ^  ^^        c       •  r     ^  ■  ■, 
 
 penalties  ^^  ^^Y  Other  loreign  court  or  courts  out  of  this  realm,  any 
 under         manner    foreign    process,    inhibitions,    appeals,    sentences, 
 
 Statutes  of  .       .  .  .  ,.     . 
 
 Pr^mu-  summons,  citations,  suspensions,  interdictions,  excommu- 
 nire  and      nications,    restraints,    or  judgments,  of  what  nature,  kind, 
 
 PrOvisOrS.  ,.  .11  .  r       ^ 
 
 or  quauty  soever  they  be,  or  execute  any  of  the  same 
 process,  or  do  any  act  or  acts  to  the  let,  impediment, 
 hindrance,  or  derogation  of  any  process,  sentence,  judg- 
 ment, or  determination  had,  made,  done,  or  hereafter 
 to  be  had,  done,  or  made,  in  any  courts  of  this  realm, 
 or  the  king's  said  dominions,  or  marches  of  the  same,  for 
 any  of  the  causes  aforesaid,  contrary  to  the  true  meaning  of 
 this  present  Act,  and  the  execution  of  the  same,  that  then 
 every  such  person  or  persons  so  doing,  and  their  fautors, 
 comforters,  abettors,  procurers,  executors,  and  counsellors, 
 and  every  of  them,  being  convict  of  the  same,  for  every 
 such  default  shall  incur  and  run  in  the  same  pains,  penalties, 
 and  forfeitures,  ordained  and  provided  by  the  Statute  of 
 Provision  and  Praemunire,  made  in  the  sixteenth  year  of 
 the  reign  of  the  right  noble  prince  King  Richard  II, 
 against  such  as  attempt,  procure,  or  make  provision  to  the 
 see  of  Rome,  or  elsewhere,  for  any  thing  or  things,  to  the 
 derogation,  or  contrary  to  the  prerogative  or  jurisdiction  of 
 the  crown  and  dignity  of  this  realm. 
 All  appeals  And  furthermore,  in  eschewing  the  said  great  enormities, 
 within"he  inquietations,  delays,  charges,  and  expenses  hereafter  to  be 
 realm.  sustained  in  pursuing  of  such  appeals,  and  foreign  process, 
 for  and  concerning  the  causes  aforesaid,  or  any  of  them,  do 
 therefore  by  authority  aforesaid,  ordain  and  enact,  that  in 
 such  cases  where  heretofore  any  of  the  king's  subjects  or 
 
l]       history  of  the  ENGLISH  CHURCH  193 
 
 residents  have  used  to  pursue,  provoke,  or  procure  any  appeal      1533. 
 to  the  see  of  Rome,  and  in  all  other  cases  of  appeals,  in  or 
 for  any  of  the  causes  aforesaid,  they  may  and  shall  from 
 henceforth  take,   have,  and  use  their  appeals  within  this 
 realm,  and  not  elsewhere,  in  manner  and  form  as  hereafter 
 ensueth,  and  not  otherwise ;    that  is  to  say,  first  from  the  Before 
 archdeacon,  or  his  official,  if  the  matter  or  cause  be  there  ^  ^^^^^"^ 
 begun,  to  the  bishop  diocesan  of  the  said  see,  if  in  case  any  courts. 
 of  the  parties  be  grieved.     And  in  like  wise  if  it  be  com- 
 menced before  the  bishop  diocesan,  or  his  commissary,  from 
 the  bishop  diocesan,  or  his  commissary,  within  fifteen  days 
 next  ensuing  the  judgment  or  sentence  thereof  there  given, 
 to  the  Archbishop  of  the  province  of  Canterbury,  if  it  be 
 within  his  province ;  and  if  it  be  within  the  province  of  York, 
 then  to  the  Archbishop  of  York  ;  and  so  likewise  to  all  other 
 archbishops  in  other  the  king's  dominions,  as  the  case  by 
 order  of  justice  shall  require ;  and  there  to  be  definitively 
 and  finally  ordered,  decreed,  and  adjudged,  according  to 
 justice,  without  any  other  appellation  or  provocation  to  any 
 other  person  or  persons,  court  or  courts. 
 
 And  if  the  matter  or  contention  for  any  of  the  causes  Appeals 
 aforesaid  be  or  shall  be  commenced,  by  any  of  the  king's  ought  to  be 
 
 ^      J        J  o     madewitn- 
 
 subjects  or  residents,  before  the  archdeacon  of  any  arch-  in  fifteen 
 bishop,  or  his  commissary,  then  the  party  grieved  shall  or  "^y^- 
 may  take  his  appeal  within  fifteen  days  next  after  judgment 
 or  sentence  there  given,  to  the  Court  of  the  Arches,  or 
 audience,  of  the  same  archbishop  or  archbishops ;  and  from 
 the  said  Court  of  the  Arches  or  audience,  within  fifteen  days 
 then  next  ensuing  after  judgment  or  sentence  there  given, 
 to  the  archbishop  of  the  same  province,  there  to  be  defi- 
 nitively and  finally  determined,  without  any  other  or  further 
 process  or  appeal  thereupon  to  be  had  or  sued. 
 
 And  it  is  further  enacted  by  the  authority  aforesaid,  that  Suits  com- 
 all  and  every  matter,  cause,  and  contention  now  depending,  j^j^^  ^^ 
 or  that  hereafter  shall  be  commenced  by  any  of  the  king's  archbishop 
 
 o 
 
194  DOCUMENTS  ILLUSTRATIVE  OF  THE        [l 
 
 1533.      subjects  or  residents  for  any  of  the  causes  aforesaid,  before 
 to  be  de-     any  of  the  said  archbishops,  that  then  the  same  matter  or 
 
 termined  .  .  i     n  i      i     r  i 
 
 by  him        matters,  contention  or  contentions,  shall  be  before  the  same 
 without       archbishop  where  the  said  matter,  cause,  or  process  shall  be 
 appeal.        SO   commenced,    definitively   determined,   decreed,   or   ad- 
 judged, without  any  other  appeal,  provocation,  or  any  other 
 foreign  process  out  of  this  realm,  to  be  sued  to  the  let  or 
 derogation  of  the  said  judgment,  sentence,  or  decree,  other- 
 The  pre-     wise   than    is    by  this  Act  limited  and  appointed ;    saving 
 'h^^A^V^  always  the  prerogative  of  the  Archbishop  and   Church  of 
 bishop  of    Canterbury,  in  all  the  foresaid  cases  of  appeals,  to  him  and 
 
 Canter-       ^^  j-^jg  successors,  to  be  sued  within  this  realm,  in  such  and 
 bury  saved. 
 
 like  wise  as  they  have  been  accustomed  and  used  to  have 
 
 heretofore. 
 Appeal,  in       And  in  case  any  cause,  matter,  or  contention,  now  depend- 
 causes         -^^g  ^^^  ^j^^  causes  before  rehearsed,  or  any  of  them,  or  that 
 the  king,     hereafter   shall   come  in  contention   for  any  of  the  same 
 les  to  t  e    (pauses,  in  any  of  the  foresaid  courts,  w^hich  has,  does,  shall, 
 House  of    or  may  touch  the  king,  his  heirs  or  successors,  kings  of  this 
 Convoca-     j-g^lm ;  that  in  all  and  every  such  case  or  cases  the  party 
 final  deter-  grieved,  as  before  is  said,  shall  or  may  appeal  from  any  of 
 mination.    ^^^  g^-j  ^ourts  of  this  said  realm,  where  the  said  matter, 
 now  being  in  contention,  or  hereafter  shall  come  in  con- 
 tention, touching  the  king,  his  heirs,  or  successors  (as  is 
 aforesaid)  shall  happen  to   be  ventilated,    commenced  or 
 begun,  to  the  spiritual  prelates  and  other  abbots  and  priors 
 of  the  Upper  House,  assembled  and  convocate  by  the  king's 
 writ  in  the  Convocation,  being,  or  next  ensuing,  within  the 
 province  or  provinces  where  the  same  matter  of  contention 
 is  or  shall  be  begun ;  so  that  every  such  appeal  be  taken  by 
 the  party  grieved  within  fifteen   days  next  after  the  judg- 
 ment or  sentence  thereupon  given  or  to  be  given ;  and  that 
 whatsoever  be  done,  or  shall  be  done  and  affirmed,  deter- 
 mined,  decreed,   and  adjudged   by   the   foresaid    prelates, 
 abbots,  and  priors  of  the  Upper  House  of  the  said  Convoca- 
 
Li]      HISTORY  OF  THE  ENGLISH  CHURCH  195 
 
 tion,  as  is  aforesaid,  appertaining,  concerning,  or  belonging  1533. 
 to  the  king,  his  heirs,  and  successors,  in  any  of  these  fore- 
 said causes  of  appeals,  shall  stand  and  be  taken  for  a  final 
 decree,  sentence,  judgment,  definition,  and  determination, 
 and  the  same  matter,  so  determined,  never  after  to  come  in 
 question  and  debate,  to  be  examined  in  any  other  court  or 
 courts. 
 
 And  if  it  shall  happen  any  person  or  persons  hereafter  to  Penalty  for 
 pursue  or  provoke  any  appeal  contrary  to  the  effect  of  this  p^to  serv- 
 Act,  or  refuse  to  obey,  execute,  and  observe  all  things  com-  Act. 
 prised  within  the  same,  concerning  the  said  appeals,  provo- 
 cations, and  other  foreign  processes  to  be  sued  out  of  this 
 realm,  for  any  the  causes  aforesaid,  that  then  every  such 
 person  or  persons  so  doing,  refusing,  or  offending  contrary 
 to  the  true  meaning  of  this  Act,  their  procurers,  fautors, 
 advocates,   counsellors,   and  abettors,  and  every  of  them, 
 shall  incur  into  the  pains,  forfeitures,  and  penalties  ordained 
 and  provided  in  the  said  statute  made  in  the  said  sixteenth 
 year  of  King  Richard  II,  and  with  like  process  to  be  made 
 against  the  said  offenders,  as  in  the  same  statute  made  in 
 the  said  sixteenth  year  more  plainly  appears. 
 
 LI. 
 
 THE   SUBMISSION    OF   THE   CLERGY   AND 
 RESTRAINT   OF   APPEALS,  a.d.  1534. 
 
 25  Henry  VIII,  cap.   19. 
 
 This  statute,  and  the  two  following,  Nos.  LII  and  LIII,  passed  in       1534. 
 1534,  were   all  repealed    by  i   &  2  Philip  and   Mary,   cap.  8  {post. 
 No.  LXXVI),  and  were  revived  by  i   Elizabeth,  cap.  i  {post,  No, 
 LXXIX). 
 
 [Transcr.  Statutes  of  the  Realm,  iii.  460.] 
 
 Where   the   king's  humble  and  obedient   subjects,    the  Recital  of 
 clergy  of  this  realm  of  England,  have  not  only  acknow-  ^^know- 
 
 O  2 
 
196  DOCUMENTS  ILLUSTRATIVE  OF  THE      [li 
 
 1534.  ledged  according  to  the  truth,  that  the  convocations  of  the 
 ledgment  game  clergy  is,  always  has  been,  and  ought  to  be  assem- 
 that  Con-  bled  only  by  the  king's  writ,  but  also  submitting  themselves 
 vocation  is  |-q  j-j^g  king's  majesty,  have  promised  i?t  verbo  sacerdotii^ 
 assembled  that  they  will  never  from  henceforth  presume  to  attempt, 
 by  kings    allege,  claim,  or  put  in  ure,  or  enact,  promulG;e,  or  execute 
 
 writ  only.  °   '  '  r-  j  >  r  &   > 
 
 any    new   canons,    constitutions,    ordinance   provincial,    or 
 
 other,  or  by  whatsoever  other  name  they  shall  be  called, 
 
 in  the  Convocation,  unless  the  king's  most  royal  assent  and 
 
 licence   may  to   them    be   had,   to   make,   promulge,   and 
 
 execute  the  same ;  and  that  his  majesty  do  give  his  most 
 
 royal  assent  and  authority  in  that  behalf : 
 
 Many  acts       And  where  divers  constitutions,  ordinances,  and  canons, 
 
 o     onvo-   provincial  or  synodal,  which  heretofore  have  been  enacted, 
 cation  nave  ^  •'  '  _  ' 
 
 been  pre-    and  be  thought  not  only  to  be  much  prejudicial  to  the 
 kin  '^^  ^°    king's  prerogative  royal,   and  repugnant  to  the  laws  and 
 rogative      Statutes  of  this  realm,  but  also  overmuch  onerous  to  his 
 ^f  th^^^     highness  and  his  subjects  ;  the  said  clergy  have  most  humbly 
 realm.         besought  the  king's  highness,  that  the  said  constitutions 
 Request      and  canons   may  be  committed    to   the  examination  and 
 sideration   judgment  of  his  highness,  and   of  two-and-thirty  persons 
 of  these  by  of  the  king's  subjects,  whereof  sixteen  to  be  of  the  upper 
 mittee  of    ^^^  nether  house   of  the  Parliament  of  the   temporalty, 
 Parlia-        and  the  other  sixteen  to  be  of  the  clergy  of  this  realm ; 
 and  all  the  said  two-and-thirty  persons  to  be  chosen  and 
 appointed  by  the  king's  majesty ;  and  that  such  of  the  said 
 constitutions  and  canons,   as  shall  be  thought  and  deter- 
 mined by  the  said  two-and-thirty  persons,  or  the  more  part 
 of  them,  worthy  to  be  abrogated  and  annulled,  shall  be 
 abolished  and  made  of  no  value  accordingly ;  and  such  other 
 of  the  same  constitutions  and  canons,  as  by  the  said  two- 
 and-thirty,  or  the  more  part  of  them,  shall  be  approved  to 
 stand  with  the  laws  of  God,  and  consonant  to  the  laws  of 
 this  realm,  shall  stand  in  their  full  strength  and  power,  the 
 •  king's  most  royal  assent  first  had  and  obtained  to  the  same  : 
 
Li]     HISTORY  OF  THE  ENGLISH  CHURCH  197 
 
 Be  it  therefore  now  enacted  by  authority  of  this  present      1534. 
 
 ParHament,  according  to  the  said  submission  and  petition  of  ^^^  dergy 
 
 the  said  clergy,  that  they,  nor  any  of  them,  from  henceforth  enact'^^ 
 
 shall  presume  to  attempt,  allege,  claim  or  put  in  ure  any  without 
 
 constitutions  or  ordinances,  provincial  or  synodal,  or  any  assent. 
 
 other  canons ;   nor  shall  enact,   promulge,  or  execute  any 
 
 such    canons,    constitutions,    or   ordinance   provincial,    by 
 
 whatsoever  name  or  names  they  may  be  called,  in  their 
 
 convocations  in  time  coming  (which  alway  shall  be  assem-  Convoca- 
 
 bled  by  authority  of  the  king's  writ),  unless  the  same  clergy  f'°"  ^^^^^ 
 
 may  have  the  king's  most  royal  assent  and  licence  to  make,  sembled 
 
 promuke,    and   execute   such   canons,    constitutions,    and  "^y.^^^s'^ 
 
 .  '  writ. 
 
 ordinances,  provincial  or  synodal,  upon  pain  of  every  one 
 
 of  the  said  clergy  doing  contrary  to  this  Act,  and  being 
 
 thereof  convict,  to  suffer  imprisonment,  and  make  fine  at 
 
 the  king's  will. 
 
 And  forasmuch  as  such  canons,  constitutions,  and  ordin-  Shortness 
 
 ance,  as  heretofore  have  been  made  by  the  clergy  of  this  °^^^"^^ 
 
 realm,  cannot  now  at  the  session  of  this  present  Parliament,  considera-  • 
 
 by  reason  of  shortness  of  time,  be  viewed,  examined,  and  ^'°"      , 
 
 •^  _  7  7  J  canons  by 
 
 determined  by  the  king's  highness,  and  thirty-two  persons  a  com- 
 to  be  chosen  and  appointed  according  to  the  petition  of  the  "^Jj^^^con 
 said  clergy  in  form  above  rehearsed  :  be  it  therefore  enacted  in  the 
 by  authority  aforesaid,  that  the  king's  highness  shall  have  PJ'^y^'" 
 power  and  authority  to  nominate  and  assign,  at  his  pleasure, 
 the   said  two-and-thirty  persons   of  his   subjects,    whereof  tion  of 
 sixteen  to  be  of  the  clergy,  and  sixteen  to  be  of  the  tem-  committee 
 poralty  of  the  upper  and  nether  house  of  the  Parliament ;  IJ^g^. 
 and  if  any  of  the   said  two-and-thirty  persons  so  chosen  canons 
 shall  happen  to  die  before  their  full  determination,  then  his  aboUshed 
 highness  to  nominate  other  from  time  to  time  of  the  said  or  con- 
 two  houses  of  the  Parliament,  to  supply  the  number  of  the  expedient. 
 said  two-and-thirty ;   and  that  the  same  two-and-thirty,  by 
 his  highness  so  to  be  named,  shall  have  power  and  autho- 
 rity to  view,  search,  and  examine  the  said  canons,  constitu- 
 
198  DOCUMENTS  ILLUSTRATIVE  OF  THE      [li 
 
 1534.      tions,    and   ordinances,  provincial  and  synodal,  heretofore 
 made,  and  such  of  them  as  the  king's  highness  and  the  said 
 two-and-thirty,  or  the  more  part  of  them,  shall  deem  and 
 adjudge  worthy  to  be  continued,  kept,  and  obeyed,  shall  be 
 from  thenceforth  kept,  obeyed,   and  executed  within  this 
 realm,  so  that  the  king's  most  royal  assent  under  his  great 
 seal  be  first  had  to  the  same ;  and  the  residue  of  the  said 
 canons,   constitutions,  or  ordinance  provincial,   which  the 
 king's  highness,  and  the  said  two-and-thirty  persons  or  the 
 more  part  of  them,  shall  not  approve,  or  deem  and  judge 
 worthy  to  be  abolished,  abrogate,  and  made  frustrate,  shall 
 from  thenceforth  be  void  and  of  none  effect,  and  never  be 
 No  canons  put  in  execution  within  this  realm.     Provided  alway,  that 
 cutedcon-  ^^  canons,  constitutions,  or  ordinance  shall  be  made  or  put 
 trary  to       in  execution  within  this  realm  by  authority  of  the  convoca- 
 o"at1ve^^"  tion  of  the  clergy,  which  shall  be  contrariant  or  repugnant 
 or  the  law.  to  the  king's    prerogative  royal,  or  the  customs,  laws,  or 
 (Statutes  of  this  realm;  anything  contained  in  this  Act  to 
 the  contrary  hereof  notwithstanding. 
 No  appeals      And  be  it  further  enacted  by  authority  aforesaid,   that 
 ^°  ^als^ '  ^^^^^  ^^^  ^^^^^  ^^  Easter,  which  shall  be  in  the  year  of  our 
 shall  be      Lord  God  1534,  no  manner  of  appeals  shall  be  had,  pro- 
 according    yoked,   or  made  out  of  this  realm,  or  out  of  any  of  the 
 
 to  the  '  '  ■' 
 
 statute        king's  dominions,  to  the  Bishop  of  Rome,  nor  to  the  see  of 
 VIII  "  12  Ro"^^5  ^^  ^^y  causes  or  matters  happening  to  be  in  conten- 
 vide  ante,    tion,  and  having  their  commencement  or  beginning  in  any 
 ^°'  ^'        of  the  courts  within  this  realm,  or  within  any  the  king's 
 dominions,  of  what  nature,  condition,  or  quality  soever  they 
 be  of;  but  that  all  manner  of  appeals,  of  what  nature  or  con- 
 dition soever  they  be  of,  or  what  cause  or  matter  soever  they 
 concern,  shall  be  made  and  had  by  the  parties  grieved,  or 
 having  cause  of  appeal,  after  such  manner,  form,  and  con- 
 dition, as  is  limited  for  appeals  to  be  had  and  prosecuted 
 within  this  realm  in  causes  of  matrimony,  tithes,  oblations 
 and  obventions,  by  a  statute  thereof  made  and  established 
 
Li]      HISTORY  OF  THE  ENGLISH  CHURCH  199 
 
 since  the  beginning  of  this  present  Parliament,  and  accord-      1534. 
 ing  to  the  form  and  effect  of  the  said  statute ;  any  usage, 
 custom,  prescription,  or  any  thing  or  things  to  the  contrary 
 hereof  notwithstanding. 
 
 And  for  lack  of  justice  at  or  in  any  the  courts  of  the  Appeals 
 archbishops  of  this  realm,  or  in  any  the  king's  dominions,      ?  ^^^ 
 it  shall  be  lawful  to  the  parties  grieved  to  appeal  to  the  bishops' 
 king's  majesty  in  the  king's  Court  of  Chancery ;  and  that  ^^'J^k^ 
 upon  every  such  appeal,  a  commission  shall  be  directed  eery,  to  be 
 under  the  great  seal  to  such  persons  as    shall  be  named  '^^}-^^' 
 
 °  _  ^  mined  by 
 
 by  the  king's  highness,  his  heirs  or  successors,  like  as  in  commis- 
 case  of  appeal  from  the  admiral's  court,  to  hear  and  defi-  ^'°"^^*s- 
 nitively  determine  such  appeals,  and  the  causes  concerning 
 the  same.  Which  commissioners,  so  by  the  king's  high- 
 ness, his  heirs  or  successors,  to  be  named  or  appointed, 
 shall  have  full  power  and  authority  to  hear  and  definitively 
 determine  every  such  appeal,  with  the  causes  and  all  circum- 
 stances concerning  the  same ;  and  that  such  judgment 
 and  sentence,  as  the  said  commissioners  shall  make  and 
 decree,  in  and  upon  any  such  appeal,  shall  be  good  and 
 effectual,  and  also  definitive  ;  and  no  further  appeals  to 
 be  had  or  made  from  the  said  commissioners  for  the 
 same. 
 
 And  if  any  person  or  persons,  at  any  time  after  the  said  Penalty  of 
 feast  of  Easter,  provoke  or  sue  any  manner  of  appeals,  of  PJ^"^""^^^j^ 
 what  nature  or  condition   soever  they  be  of,  to  the  said  ing  to 
 Bishop  of  Rome,  or  to  the  see  of  Rome,  or  do  procure  or  Rome,  or 
 
 J^  '  '  ^  executing 
 
 execute  any  manner  of  process  from  the  see  of  Rome,  or  any  pro- 
 by  authority  thereof,  to  the  derogation  or  let  of  the  due  j^^^^^^"^ 
 execution  of  this  Act,  or  contrary  to  the  same,  that  then 
 every  such  person  or  persons  so  doing,  their  aiders,  coun- 
 sellors, and  abettors,  shall  incur  and  run  into  the  dangers, 
 pains,  and  penalties  contained  and  limited  in  the  Act  of 
 Provision  and  Prsemunire  made  in  the  sixteenth  year  of  the 
 king's  most  noble  progenitor,  King  Richard  II,  against  such 
 
200  DOCUMENTS  ILLUSTRATIVE  OF  THE      [li. 
 
 1534.      as  sue  to  the  Court  of  Rome  against  the  king's  crown  and 
 
 prerogative  royal. 
 
 Appeals  Provided  always,   that  all  manner  of  provocations  and 
 
 f  "btT't^^^  appeals  hereafter  to  be  had,  made,  or  taken  from  the  juris- 
 
 &c.,  lying  diction  of  any  abbots,  priors,  and  other  heads  and  governors 
 
 direct  to      ^f  nionasteries,   abbeys,    priories,    and   other   houses   and 
 
 to  be  made  places  exempt,  in  such  cases  as  they  were  wont  or  might 
 
 to  king  in    a^fore  the  making  of  this  Act,  by  reason  of  grants  or  liberties 
 Chancery.  '^  ■'  ° 
 
 of  such  places  exempt,  to  have  or  make  immediately  any 
 
 appeal  or  provocation  to  the  Bishop  of  Rome,  otherwise 
 called  pope,  or  to  the  see  of  Rome,  that  in  all  these  cases 
 every  person  and  persons,  having  cause  of  appeal  or  provo- 
 cation, shall  and  may  take  and  make  their  appeals  and 
 provocations  immediately  to  the  king's  majesty  of  this 
 realm,  into  the  Court  of  Chancery,  in  like  manner  and  form 
 as  they  used  afore  to  do  to  the  see  of  Rome ;  which  appeals 
 and  provocations  so  made,  shall  be  definitively  determined 
 by  authority  of  the  king's  commission,  in  such  manner  and 
 form  as  in  this  Act  is  above  mentioned ;  so  that  no  arch- 
 bishop or  bishop  of  this  realm  shall  intermit  or  meddle 
 with  any  such  appeals,  otherwise  or  in  any  other  manner 
 than  they  might  have  done  afore  the  making  of  this  Act ; 
 anything  in  this  Act  to  the  contrary  thereof  notwith- 
 standing. 
 Certain  Provided  also,   that   such  canons,    constitutions,    ordin- 
 
 canons,  ^  ances,  and  synodals  provincial  being  already  made,  which  be 
 tinned  still  not  contrariant  or  repugnant  to  the  laws,  statutes,  and  cus- 
 in  force,  j-qj^s  Qf  t^jg  realm,  nor  to  the  damage  or  hurt  of  the  king's 
 prerogative  royal,  shall  more  still  be  used  and  executed  as 
 they  were  afore  the  making  of  this  Act,  till  such  time  as 
 they  be  viewed,  searched,  or  otherwise  ordered  and  deter- 
 mined by  the  said  two-and-thirty  persons,  or  the  more  part 
 of  them,  according  to  the  tenor,  form,  and  eifect  of  this 
 present  Act. 
 
Lii]      HISTORY  OF  THE  ENGLISH  CHURCH  201 
 
 LII. 
 
 THE  ECCLESIASTICAL  APPOINTMENTS  ACT— 
 THE  ABSOLUTE  RESTRAINT  OF  ANNATES, 
 ELECTION  OF  BISHOPS,  AND  LETTERS  MIS- 
 SIVE ACT,  A.D.   1534. 
 
 25  Henry  VIII,  cap.  20. 
 
 See  introduction  to  preceding  document,  and  compare  with  No.  1534. 
 XLIX.  This  Act  was  passed  in  1534,  and  was  repealed — so  far 
 as  it  related  to  episcopal  election — by  the  Act  of  i  Edward  VI,  cap.  2, 
 which  substituted  direct  nomination  of  bishops  by  the  Crown.  The 
 last  Act  was  repealed  by  i  Mary,  stat.  2,  cap.  2  {post,  No.  LXXIII), 
 and  never  re-enacted. 
 
 [Transcr.  Statutes  of  the  Realm,  iii.  462.] 
 
 Where  since  the  beginning  of  this  present  Parliament,  for  Recital  of 
 
 repression  of  the  exaction  of  annates  and  first-fruits  of  arch-  ^^^  ^^^  ^°^ 
 
 /  ,  .  the  con- 
 
 bishoprics  and  bishoprics  of  this  reahii  wrongfully  taken  by  ditional  re- 
 
 the  Bishop  of  Rome,  otherwise  called  the  pope,  and  the  see  stramt  of 
 
 ^  1     1    •-  annates 
 
 of  Rome,  it  is  ordained  and  established  by  an  Act,  among  {vide  ante, 
 other  things,  that  the  payments  of  the  annates  or  first-fruits,  JJ? tvn 
 and  all  manner  contributions  of  the  same,  for  any  such 
 archbishopric  or  bishopric,  or  for  any  bulls  to  be  obtained 
 from  the  see  of  Rome,  to  or  for  the  said  purpose  or  intent, 
 should  utterly  cease,  and  no  such  to  be  paid  for  any  arch- 
 bishopric or  bishopric  within  this  realm,  otherwise  than  in 
 the  same  Act  is  expressed :  and  that  no  manner  of  person 
 or  persons  to  be  named,  elected,  presented,  or  postulated  to 
 any  archbishopric  or  bishopric  within  this  realm,  should  pay 
 the  said  annates  or  first-fruits,  nor  any  other  manner  of  sum 
 or  sums  of  money,  pensions  or  annuities  for  the  same,  or 
 for  any  other  like  exaction  or  cause,  upon  pain  to  forfeit  to 
 our  sovereign  lord  the  king,  his  heirs  and  successors,   all 
 
202  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lii 
 
 1534.  manner  his  goods  and  chattels  for  ever,  and  all  the  tem- 
 poral lands  and  possessions  of  the  said  archbishopric  or 
 bishopric  during  the  time  that  he  or  they  that  should  offend 
 contrary  to  the  said  Act,  should  have,  possess,  and  enjoy  the 
 said  archbishopric  or  bishopric.  And  it  is  further  enacted, 
 that  if  any  person  named  or  presented  to  the  see  of  Rome 
 by  the  king's  highness,  or  his  heirs  and  successors,  to  be 
 bishop  of  any  see  or  diocese  within  this  realm,  should 
 happen  to  be  let,  delayed,  or  deferred  at  the  see  of  Rome 
 from  any  such  bishopric  whereunto  he  should  be  so  pre- 
 sented, by  means  of  restraint  of  bulls  of  the  said  Bishop  of 
 Rome,  otherwise  called  the  pope,  and  other  things  requisite 
 to  the  same,  or  should  be  denied  at  the  see  of  Rome,  upon 
 convenient  suit  made,  for  any  bulls  requisite  for  any  such 
 cause,  that  then  every  person  so  presented  might  or  should 
 be  consecrated  here  in  England  by  the  archbishop  in  whose 
 province  the  said  bishopric  shall  be ;  so  always,  that  the 
 same  person  should  be  named  and  presented  by  the  king 
 for  the  time  being  to  the  said  archbishop.  And  if  any 
 person  being  named  and  presented  as  is  before  said,  to 
 any  archbishopric  of  this  realm,  making  convenient  suit,  as 
 is  aforesaid,  should  happen  to  be  let,  delayed,  deferred, 
 or  otherwise  disturbed  from  the  said  archbishopric,  for  lack 
 of  pall,  bulls,  or  other  things  to  him  requisite  to  be  obtained 
 at  the  see  of  Rome,  that  then  every  such  person  so  named 
 and  presented  to  the  archbishop,  might  and  should  be  con- 
 secrated and  invested,  after  presentation  made  as  is  afore- 
 said, by  any  other  two  bishops  within  this  realm,  whom  the 
 king's  highness,  or  any  his  heirs  or  successors,  kings  of 
 England,  would  appoint  and  assign  for  the  same,  according 
 and  after  like  manner  as  divers  archbishops  and  bishops 
 have  been  heretofore  in  ancient  time  by  sundry  the  king's 
 most  noble  progenitors  made,  consecrated,  and  invested 
 within  this  realm.  And  it  is  further  enacted  by  the  said 
 Act,  that  every  archbishop  and  bishop,  being  named  and 
 
Lii]      HISTORY  OF  THE  ENGLISH  CHURCH  203 
 
 presented  by  the  king's  highness,  his  heirs  and  successors,  1534. 
 kings  of  England,  and  being  consecrated  and  invested,  as 
 is  aforesaid,  should  be  installed  accordingly,  and  should  be 
 accepted,  taken  and  reputed,  used  and  obeyed  as  an  arch- 
 bishop or  bishop  of  the  dignity,  see,  or  place  whereunto  he 
 shall  be  so  named,  presented,  and  consecrated,  and  as  other 
 like  prelates  of  that  province,  see,  or  diocese  have  been 
 used,  accepted,  taken,  and  obeyed,  which  have  had  and 
 obtained  completely  their  bulls  and  other  things  requisite 
 in  that  behalf  from  the  see  of  Rome,  and  also  should  fully 
 and  entirely  have  and  enjoy  all  the  spiritualties  and  tem- 
 poralties  of  the  said  archbishopric  or  bishopric,  in  as  large, 
 ample,  and  beneficial  manner,  as  any  of  his  or  their  prede- 
 cessors had  or  enjoyed  in  the  said  archbishopric  or  bishopric, 
 satisfying  and  yielding  unto  the  king's  highness,  and  to  his 
 heirs  and  successors,  all  such  duties,  rights,  and  interests  as 
 beforetime  have  been  accustomed  to  be  paid  for  any  such 
 archbishopric  or  bishopric,  according  to  the  ancient  laws 
 and  customs  of  this  realm  and  the  king's  prerogative  royal, 
 as  in  the  said  Act  amongst  other  things  is  more  at  large 
 mentioned. 
 
 And  albeit  the  said  Bishop  of  Rome,  otherwise  called  the  The  pope, 
 pope,   has    been   informed   and   certified  of  the   effectual  formed  of 
 contents  of  the  said  Act,  to  the  intent  that  by  some  gentle  this  Act, 
 ways  the  said  exactions  might  have   been  redressed  and  posed  no 
 reformed,  yet  nevertheless  the  said  Bishop  of  Rome  hitherto  redress, 
 has  made  no  answer  of  his  mind  therein  to  the  king's  high- 
 ness, nor  devised  nor  required  any  reasonable  ways  to  and 
 with  our  said  sovereign  lord  for  the  same  : 
 
 Wherefore  his  most  royal  majesty  of  his  most  excellent  therefore 
 goodness,  for  the  wealth  and  profit  of  this  his  realm  and  sub-  consents  to 
 jects  of  the  same,  has  not  only  put  his  most  gracious  and  the  afore- 
 royal  assent  to  the  aforesaid  Act,  but  also  has  ratified  and  statute. 
 confirmed  the  same,  and  every  clause  and  article  therein 
 contained,    as    by  his  letters  patent  under  his  great  seal 
 
204  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lii 
 
 1534.      enrolled  in  the  Parliament  roll  of  this  present  Parliament 
 more  at  large  is  contained. 
 None  And  forasmuch  as  in  the  said  Act  it  is  not  plainly  and 
 
 presented    ^^^'^ainly  expressed  in  what  manner  and  fashion  archbishops 
 to  Rome     and  bishops  shall  be  elected,  presented,  invested,  and  con- 
 cHffnitv  of  secrated   within  this  realm,   and   in   all    other   the   king's 
 an  arch-      dominions ;  be  it  now  therefore  enacted  by  the  king  our 
 bishoD°^    sovereign  lord,   by  the  assent  of  the  Lords  spiritual  and 
 nor  an-       temporal,   and  the  Commons,   in  this  present   Parliament 
 first-fru^its  assembled,  and  by  the  authority  of  the  same,  that  the  said 
 be  paid  to    Act  and  everything  therein  contained  shall  be  and  stand  in 
 le  same    gt^j-gngth,  virtue,  and  effect ;  except  only,  that  no  person  or 
 persons  hereafter  shall  be  presented,  nominated,  or  com- 
 mended to  the  said  Bishop  of  Rome,  otherwise  called  the 
 pope,  or  to  the  see  of  Rome,  to  or  for  the  dignity  or  office 
 of  any  archbishop  or  bishop  within  this  realm,  or  in  any 
 other  the  king's  dominions,   nor  shall  send  nor   procure 
 there  for  any  manner  of  bulls,  briefs,  palls,  or  other  things 
 requisite  for  an  archbishop  or  bishop,  nor  shall  pay  any 
 sums  of  money  for  annates,  first-fruits  nor  otherwise,   for 
 expedition  of  any  such  bulls,  briefs,  or  palls ;  but  that  by 
 the  authority  of  this  Act,  such  presenting,  nominating,  or 
 commending  to  the  said  Bishop  of  Rome,  or  to  the  see  of 
 Rome,    and   such  bulls,   briefs,  palls,   annates,  first-fruits, 
 and  every  other  sums  of  money  heretofore  limited,  accus- 
 tomed, or  used  to  be  paid  at  the  said  see  of  Rome,  for 
 procuration    or  expedition    of   any  such   bulls,    briefs,    or 
 palls,   or  other  thing   concerning   the   same,  shall   utterly 
 cease  and  no  longer  be  used  within  this  realm,  or  within 
 any  the  king's  dominions ;  anything  contained  in  the  said 
 Act  aforementioned,  or  any  use,  custom,  or  prescription  to 
 the  contrary  thereof  notwithstanding. 
 Arch-  And  furthermore  be  it  ordained  and  established  by  the 
 
 bishops       authority  aforesaid,  that  at  every  avoidance  of  every  arch- 
 bishops to   bishopric  or  bishopric  within  this  realm,  or  in  any  other 
 
Lii]      HISTORY  OF  THE  ENGLISH  CHURCH  205 
 
 the  king's  dominions,  the  king  our  sovereign  lord,  his  heirs      1534. 
 and  successors,  may  errant  to  the  prior  and  convent,  or  the  f*^  tilected 
 
 by  priors 
 
 dean  and  chapter  of  the  cathedral  churches  or  monasteries  and  con- 
 where   the   see   of  such   archbishopric  or  bishopric   shall  ^'^"*^^  °^  , 
 1  1  •  1  1-  11  1  r  deans  and 
 
 happen  to  be  void,  a  licence  under  the  great  seal,  as  of  chapters 
 
 old  time  has  been  accustomed,  to  proceed  to  election  of  p!^  ^^^ 
 an  archbishop  or  bishop  of  the  see  so  being  void,   with  nomina- 
 a  letter  missive,  containing  the  name  of  the  person  which  ^i°"  °^'y- 
 they  shall  elect  and  choose  :  by  virtue  of  which  licence  the 
 said  dean  and  chapter,  or  prior  and  convent,  to  whom  any 
 such  licence  and  letters  missive  shall  be  directed,  shall  with 
 all  speed   and   celerity  in  due  form  elect  and  choose  the 
 said  person  named  in  the  said  letters  missive,  to  the  dig- 
 nity and  office  of  the  archbishopric  or  bishopric  so  being 
 void,  and  none  other. 
 
 And  if  they  do  defer  or  delay  their  election  above  twelve  In  default 
 days  next  after  such  licence  and  letters  missive  to  them  gig^^^lJ^j^ 
 delivered,  that  then  for  every  such  default  the  king's  high- the  king 
 ness,  his  heirs  and  successors,  at  their  liberty  and  pleasure  p^^^t  M^ 
 shall  nominate  and  present,  by  their  letters  patent  under  letters 
 their  great  seal,  such  a  person  to  the  said  office  and  dignity  P^'*^"*^- 
 so  being  void,  as  they  shall  think  able  and  convenient  for 
 the  same. 
 
 And  that  every  such  nomination  and  presentment  to  be  To  whom 
 made  by  the  king's  highness,  his  heirs  and  successors,  if  it  p^jj^t^Jnt 
 be  to  the  office  and  dignity  of  a  bishop,  shall  be  made  to  shall  be 
 the  archbishop  and  metropolitan  of  the  province  where  the  "^^  ^' 
 see  of  the  same  bishopric  is  void,  if  the  see  of  the  said 
 archbishopric  be  then  full,  and  not  void  ;  and  if  it  be  void, 
 then  to  be  made  to  such  archbishop  or  metropolitan  within 
 this  realm,  or  in  any  the  king's  dominions,  as  shall  please 
 the  king's   highness,   his   heirs   or  successors :   and  if  any 
 such  nomination  or  presentment  shall  happen  to  be  made 
 for  default  of  such  election  to  the  dignity  or  office  of  any 
 archbishop,  then  the  king's  highness,  his  heirs  and  succes- 
 
2o6  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lii 
 
 1534.      sors,  by  his  letters  patent  under  his  great  seal,  shall  nomi- 
 nate and  present  such  person,  as  they  will  dispose  to  have 
 the  said  office  and  dignity  of  archbishopric  being  void,  to 
 one  such  archbishop  and  two  such  bishops,  or  else  to  four 
 such  bishops  within   this  realm,  or  in    any  of  the  king's 
 dominions,  as  shall  be  assigned  by  our  said  sovereign  lord, 
 his  heirs  or  successors. 
 Manner  of      ^^"'d  be  it  further  enacted  by  the  authority  aforesaid,  that 
 consecra-    whensoever  any  such  presentment  or  nomination  shall  be 
 archbishop  niade  by  the  king's  highness,  his  heirs  or  successors,  by 
 or  bishop,  virtue  and  authority  of  this  Act,  and  according  to  the  tenor 
 of  the  same  ;   that  then  every  archbishop  and  bishop,  to 
 whose  hands  any  such  presentment  and  nomination  shall 
 be  directed,   shall  with  all  speed  and  celerity  invest  and 
 consecrate  the  person  nominate  and  presented  by  the  king's 
 highness,  his  heirs  or  successors,  to  the  office  and  dignity 
 that  such  person  shall  be  so  presented  unto,  and  give  and 
 use  to  him  pall,  and  all  other  benedictions,  ceremonies,  and 
 things  requisite  for  the  same,  without  suing,  procuring,  or 
 obtaining  hereafter  any  bulls  or  other  things  at  the  see  of 
 Rome,  for  any  such  office  or  dignity  in  any  behalf. 
 If  priors  And  if  the  said  dean  and  chapter,  or  prior  and  convent, 
 
 and  con-     ^^^^^  ^^^^  licence  and  letters  missive   to    them  directed, 
 
 vents  or 
 
 deans  and  within  the  said  twelve  days  do  elect  and  choose  the  said 
 
 ^l^^P^jr®  ,  person  mentioned  in  the  said  letters  missive,  according  to 
 
 nominee,  the  request  of  the  king's  highness,  his  heirs  or  successors, 
 
 such  elec-  ^j^gj-g^f  |-q  j^g  made  by  the   said    letters  missive  in   that 
 
 tion  shall  ■' 
 
 stand.         behalf,  then  their  election  shall  stand  good  and  effectual 
 
 to  all  intents. 
 The  person      And  that  the  person  so  elected,  after  certification  made 
 so  elected    ^^  ^j^^  same  election  under  the  common  and  convent  seal 
 
 to  be 
 
 known  as    of  the  electors,  to  the  king's  highness,  his  heirs  or  succes- 
 ^j^^°P'        sors,   shall   be   reputed   and   taken  by  the  name  of  lord 
 
 elected  of  the  said  dignity  and  office  that  he  shall  be  elected 
 
 unto. 
 
Lii]     HISTORY  OF  THE  ENGLISH  CHURCH  207 
 
 And  then  making  such  oath  and  fealty  only  to  the  king's      1534. 
 
 maiesty,  his  heirs  and  successors,  as  shall  be  appointed  for  ^^  ^^^^^ 
 1  ,       1  •      ,     1  •   1  11-1  ,       do  fealty 
 
 the  same,  the  kmgs  highness,  by  his  letters  patent  under  to  the  king, 
 
 his  great  seal,  shall  signify  the  said  election,  if  it  be  to  the  ^^°  ^^^^^ 
 
 T       •  r       ^  •  ■>  1  11-1  -1  ,.  -thereupon 
 
 dignity  of  a  bishop,  to  the  archbishop  and  metropolitan  of  signify  his 
 the  province  where  the  see  of  the  said  bishopric  was  void,  election, 
 
 ■  r   ^  r     1  •  i  i  1  •  1  1       r  n         i  •  i  -i  confirm  it, 
 
 if  the  see  of  the  said  archbishop  be  full  and  not  void  ;  and  and  direct 
 if  it  be  void,  then  to  any  other  archbishop  within  this  consecra- 
 realm,  or  in  any  other  the  king's  dominions ;  requiring  and 
 commanding  such  archbishop,  to  whom  any  such  significa- 
 tion shall  be  made,  to  confirm  the  said  election,  and  to 
 invest  and  consecrate  the  said  person  so  elected  to  the 
 office  and  dignity  that  he  is  elected  unto,  and  to  give  and 
 use  to  him  all  such  benedictions,  ceremonies,  and  other 
 things  requisite  for  the  same,  without  any  suing,  procuring, 
 or  obtaining  any  bulls,  letters,  or  other  things  from  the  see 
 of  Rome  for  the  same  in  any  behalf.  And  if  the  person  be 
 elected  to  the  office  and  dignity  of  an  archbishop,  accord- 
 ing to  the  tenor  of  this  Act,  then  after  such  election  certified 
 to  the  king's  highness  in  form  aforesaid,  the  same  person 
 so  elected  to  the  office  and  dignity  of  an  archbishop  shall 
 be  reputed  and  taken  lord  elect  to  the  said  office  and  dig- 
 nity of  archbishop,  whereunto  he  shall  be  so  elected ; 
 and  then  after  he  has  made  such  oath  and  fealty  only  to 
 the  king's  majesty,  his  heirs  and  successors,  as  shall  be 
 limited  for  the  same,  the  king's  highness,  by  his  letters 
 patent  under  his  great  seal,  shall  signify  the  said  election 
 to  one  archbishop  and  two  other  bishops,  or  else  to  four 
 bishops  within  this  realm,  or  within  any  other  the  king's 
 dominions,  to  be  assigned  by  the  king's  highness,  his  heirs 
 or  successors,  requiring  and  commanding  the  said  arch- 
 bishop and  bishops,  with  all  speed  and  celerity,  to  confirm 
 the  said  election,  and  to  invest  and  consecrate  the  said 
 person  so  elected  to  the  office  and  dignity  that  he  is  elected 
 unto,  and  to  give  and  use  to  him  such  pall,  benedictions, 
 
2o8  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lii 
 
 1534.      ceremonies,    and  all  other  things  requisite  for   the  same, 
 without  suing,  procuring,  or  obtaining  any  bulls,  briefs,  or 
 other  things  at  the  said  see  of  Rome,  or  by  the  authority 
 thereof  in  any  behalf. 
 Arch-  And  be  it  further  enacted  by  authority  aforesaid,  that 
 
 bishops  so  every  person  and  persons  being  hereafter  chosen,  elected, 
 nominated,  nominate,  presented,  invested,  and  consecrated  to  the  dig- 
 and  con'se-  "^^Y  ^^  office  of  any  archbishop  or  bishop  within  this  realm, 
 crated,        or  within  any  other  the  king's  dominions,  according  to  the 
 execute       forn^,  tenor,  and  effect  of  this  present  Act,  and  suing  their 
 their  office  tcmporalties  out  of  the  king's  hands,  his  heirs  or  succes- 
 as  any     ^  ^oxs,  as  has  been  accustomed,  and  making  a  corporal  oath 
 other  arch-  to  the  king's  highness,  and  to   none  other,  in  form  as  is 
 bishop  of    ^fo^e  rehearsed,  shall  and  may  from  henceforth  be  thron- 
 the  realm,  ized  Or  installed,  as  the  case  shall  require,  and  shall  have 
 and   take   their   only  restitution    out  of  the  king's  hands, 
 of  all  the  possessions  and  profits  spiritual  and  temporal, 
 belonging  to  the  said  archbishopric  or  bishopric  whereunto 
 they  shall  be  so  elected  or  presented,  and  shall  be  obeyed 
 in   all   manner   of  things,    according   to   the   name,    title, 
 degree,  and  dignity  that  they  shall  be  so  chosen  or  pre- 
 sented unto,  and  do  and  execute  in  every  thing  and  things 
 touching  the  same,   as  any  archbishop  or  bishop  of  this 
 realm,  without  offending  the  prerogative  royal  of  the  crown 
 and  the  laws  and  customs  of  this  realm,  might  at  any  time 
 heretofore  do. 
 Penalty  for      And  be  it  further   enacted   by  the  authority  aforesaid, 
 not  e  ect-    ^^^^  ^^  ^^^  prior  and  convent  of  any  monastery,  or  dean 
 
 ing  or  not  '-  j  j  ■> 
 
 conse-        and  chapter  of  any  cathedral  church,  where  the  see  of  any 
 
 crating  a     archbishop  or  bishop  is  within  any  of  the  king's  dominions, 
 
 named  by    after  such  licence  as  is  afore  rehearsed,  shall  be  delivered 
 
 "^"  to  them,   proceed    not   to  election,   and   signify  the  same 
 
 according  to  the    tenor  of  this  Act,   within  the  space  of 
 
 twenty  days  next  after  such  licence  shall  come  to   their 
 
 .     hands ;    or  else   if  any  archbishop  or  bishop,  within  any 
 
Liii]    HISTORY  OF  THE  ENGLISH  CHURCH  209 
 
 the  king's  dominions,  after  any  such  election,  nomination,  1^34. 
 or  presentation  shall  be  signified  unto  them  by  the  king's 
 letters  patent,  shall  refuse^  and  do  not  confirm,  invest,  and 
 consecrate  with  all  due  circumstance  as  is  aforesaid,  every 
 such  person  as  shall  be  so  elected,  nominate,  or  presented, 
 and  to  them  signified  as  is  above  mentioned,  within  twenty 
 days  next  after  the  king's  letters  patent  of  such  significa- 
 tion or  presentation  shall  come  to  their  hands ;  or  else  if 
 any  of  them,  or  any  other  person  or  persons,  admit,  main- 
 tain, allow,  obey,  do  or  execute  any  censures,  excommu- 
 nications, interdictions,  inhibitions,  or  any  other  process  or 
 act,  of  what  nature,  name,  or  quality  soever  it  be,  to  the 
 contrary,  or  let  of  due  execution  of  this  Act;  that  then 
 every  prior  and  particular  person  of  his  convent,  and  every 
 dean  and  particular  person  of  the  chapter,  and  every  arch- 
 bishop and  bishop,  and  all  other  persons,  so  offending  and 
 doing  contrary  to  this  Act,  or  any  part  thereof,  and  their 
 aiders,  counsellors,  and  abetters,  shall  run  into  the  dangers, 
 pains,  and  penalties  of  the  Statute  of  the  Provision  and 
 Praemunire,  made  in  the  five-and-twentieth  year  of  the 
 reign  of  King  Edward  III,  and  in  the  sixteenth  year  of 
 King  Richard  II. 
 
 LIII. 
 
 ACT  FORBIDDING  PAPAL  DISPENSATIONS  AND 
 THE  PAYMENT  OF  PETER'S  PENCE,  a.d.  1534. 
 
 25  Henry  VIII,  cap.  21. 
 
 See  introduction  to  document  No.  LI. 
 
 [Transcr.  Statutes  of  the  Realm,  iii.  464.] 
 
 Most  humbly  beseeching  your  most  royal  majesty,  your  Prayer  of 
 obedient  and  faithful  subjects,  the  Commons  of  this  your  j^q^s^"*" 
 present  Parliament  assembled,  by  your  most  dread  com-  against 
 
 p 
 
DOCUMENTS  ILLUSTRATIVE  OF  THE     [liii 
 
 1534. 
 
 mandment,  that  where  your  subjects  of  this  your  realm,  and 
 of  other  countries  and  dominions,  being  under  your  obeis- 
 ance, by  many  years  past  have  been,  and  yet  be  greatly 
 decayed  and  impoverished,  by  such  intolerable  exactions  of 
 great  sums  of  money  as  have  been  claimed  and  taken,  and 
 yet  continually  be  claimed  to  be  taken  out  of  this  your 
 realm,  and  other  your  said  countries  and  dominions,  by  the 
 Bishop  of  Rome,  called  the  pope,  and  the  see  of  Rome,  as 
 well  in  pensions,  censes,  Peter-pence,  procurations,  fruits, 
 suits  for  provisions,  and  expeditions  of  bulls  for  archbishoprics 
 and  bishoprics,  and  for  delegacies,  and  rescripts  in  causes 
 of  contentions  and  appeals,  jurisdictions  legatine,  and  also 
 for  dispensations,  licences,  faculties,  grants,  relaxations, 
 writs  called  perinde  vakre,  rehabilitations,  abolitions,  and 
 other  infinite  sorts  of  bulls,  briefs,  and  instruments  of 
 sundry  natures,  names,  and  kinds,  in  great  numbers  hereto- 
 fore practised  and  obtained  otherwise  than  by  the  laws, 
 laudable  uses,  and  customs  of  this  realm  should  be  per- 
 mitted, the  specialties  whereof  be  over  long,  large  in 
 number,  and  tedious  here  particularly  to  be  inserted ; 
 wherein  the  Bishop  of  Rome  aforesaid  has  not  been  only 
 to  be  blamed  for  his  usurpation  in  the  premises,  but  also 
 for  his  abusing  and  beguiling  your  subjects,  pretending  and 
 persuading  to  them  that  he  has  full  power  to  dispense  with 
 all  human  laws,  uses,  and  customs  of  all  realms,  in  all  causes 
 which  be  called  spiritual,  which  matter  has  been  usurped 
 and  practised  by  him  and  his  predecessors  by  many  years, 
 in  great  derogation  of  your  imperial  crown  and  authority 
 royal,  contrary  to  right  and  conscience  : 
 
 For  where  this  your  grace's  realm  recognizing  no  superior 
 under  God,  but  only  your  grace,  has  been  and  is  free 
 from  subjection  to  any  man's  laws,  but  only  to  such  as 
 have  been  devised,  made,  and  ordained  within  this  realm, 
 for  the  wealth  of  the  same,  or  to  such  other  as,  by  suffer- 
 ance of  your  grace  and  your  progenitors,  the  people  of  this 
 
Liii]      HISTORY  OF  THE   ENGLISH  CHURCH  211 
 
 your  realm  have  taken  at  their  free  Uberty^  by  their  own  1534. 
 consent  to  be  used  amongst  them,  and  have  bound  them- 
 selves by  long  use  and  custom  to  the  observance  of  the  same, 
 not  as  to  the  observance  of  the  laws  of  any  foreign  prince, 
 potentate,  or  prelate,  but  as  to  the  accustomed  and  ancient 
 laws  of  this  realm,  originally  established  as  laws  of  the 
 same,  by  the  said  sufferance,  consents,  and  custom,  and 
 none  otherwise  : 
 
 It  stands  therefore  with  natural  equity  and  good  reason,  The  power 
 that  in  all  and  every  such  laws  human  made  within  this  °M  ^    !"^ 
 
 ■^  and  Farlia- 
 
 realm,  or  induced  into  this  realm  by  the  said  sufferance,  ment  to 
 consents,  and  custom,  your  royal  majesty,  and  your  lords    ^>^^"^f 
 spiritual   and   temporal,    and    Commons,  representing   the  or  annul 
 whole  state  of  your  realm,  in  this  your  most  High  Court  of  f^ws  o?^" 
 Parliament,  have  full  power  and  authority,  not  only  to  dis-  this  realm, 
 pense,  but  also  to  authorize  some  elect  person  or  persons 
 to  dispense  with  those,  and  all  other  human  laws  of  this 
 your  realm,  and  with  every  one  of  them,  as  the  quality  of 
 the  persons  and  matter  shall  require ;    and  also  the  said 
 laws,  and  every  of  them,   to  abrogate,  annul,  amplify,  or 
 diminish,  as  it  shall   be  seen  unto  your  majesty,  and  the 
 nobles  and  Commons  of  your  realm  present  in  your  Parlia- 
 ment, meet  and  convenient  for  the  wealth  of  your  realm,  as 
 by  divers  good  and  wholesome  Acts  of  Parliaments,  made 
 and  established  as  well  in  your  time,  as  in  the  time  of  your 
 most  noble  progenitors,  it  may  plainly  and  evidently  appear : 
 
 And  because  that  it  is  now  in  these  days  present  seen.  Remedy 
 that  the  state,  dignity,  superiority,  reputation,  and  authority  called  for. 
 of  the  said  imperial  crown  of  this  realm,  by  the  long  suifer- 
 ance  of  the  said  unreasonable  and  uncharitable  usurpations 
 and  exactions  practised  in  the  times  of  your  most  noble 
 progenitors,  is  much  and  sore  decayed  and  diminished, 
 and  the  people  of  this  realm  thereby  impoverished,  and  so 
 or  worse  be  like  to  continue,  if  remedy  be  not  therefor 
 shortly  provided  : 
 
 P  2 
 
DOCUMENTS  ILLUSTRATIVE  OF  THE     [liii 
 
 It  may  therefore  please  your  most  noble  majesty,  for  the 
 honour  of  Almighty  God,  and  for  the  tender  love,  zeal,  and 
 affection  that  ye  bear,  and  always  have  borne  to  the  wealth 
 of  this  your  realm  and  subjects  of  the  same,  forasmuch  as 
 your  majesty  is  supreme  head  of  the  Church  of  England, 
 as  the  prelates  and  clergy  of  your  realm,  representing  the 
 said  Church,  in  their  synods  and  convocations  have  recog- 
 nized, in  whom  consisteth  full  power  and  authority,  upon 
 all  such  laws  as  have  been  made  and  used  within  this 
 realm,  to  ordain  and  enact,  by  the  assent  of  your  lords 
 spiritual  and  temporal,  and  the  Commons  in  this  your  pre- 
 sent Parliament  assembled,  and  by  authority  of  the  same, 
 that  no  person  or  persons  of  this  your  realm,  or  of  any 
 other  your  dominions,  shall  from  henceforth  pay  any  pen- 
 sions, censeS;  portions,  Peter-pence  or  any  other  impositions, 
 to  the  use  of  the  said  bishop,  or  the  see  of  Rome,  like  as 
 heretofore  they  have  used,  by  usurpation  of  the  said  Bishop 
 of  Rome  and  his  predecessors,  and  sufferance  of  your  high- 
 ness, and  your  most  noble  progenitors,  to  do ;  but  that  all 
 such  pensions,  censes,  portions  and  Peter-pence,  which  the 
 said  Bishop  of  Rome,  otherwise  called  the  pope,  has  hereto- 
 fore taken  and  perceived,  or  caused  to  be  taken  and  per- 
 ceived to  his  use,  and  his  chambers  which  he  calls 
 apostolic,  by  usurpation  and  sufferance,  as  is  abovesaid, 
 within  this  your  realm,  or  any  other  your  dominions,  shall 
 from  henceforth  clearly  surcease,  and  never  more  be  levied, 
 taken,  perceived,  nor  paid  to  any  person  or  persons  in  any 
 manner  of  wise ;  any  constitution,  use,  prescription,  or 
 custom  to  the  contrary  thereof  notwithstanding. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid,  that 
 ~^.^"^_^^  neither  your  highness,  your  heirs  nor  successors,  kings  of 
 shall  sue     this  realm,  nor  any  your  subjects  of  this  realm,  nor  of  any 
 
 or  any        other  your  dominions,  shall  from  henceforth  sue  to  the  said 
 dispensa-  -^  ' 
 
 tion  or        Bishop  of  Rome,  called  the  pope,  or  to  the  see  of  Rome,  or 
 icence       ^^  ^^^  person  or  persons  having  or  pretending  any  autho- 
 
Liii]     HISTORY  OF  THE  ENGLISH  CHURCH  213 
 
 rity  by  the  same,  for  licences,  dispensations,  compositions,  1534. 
 faculties,  grants,  rescripts,  delegacies,  or  any  other  instru-  ^'■°™ 
 ments  or  writmgs,  of  what  kmd,  name,  nature,  or  quality 
 soever  they  be  of,  for  any  cause  or  matter,  for  the  which 
 any  licence,  dispensation,  composition,  faculty,  grant,  re- 
 script, delegacy,  instrument,  or  other  writing,  heretofore 
 has  been  used  and  accustomed  to  be  had  and  obtained  at 
 the  see  of  Rome,  or  by  authority  thereof,  or  of  any  prelate 
 of  this  realm  ;  nor  for  any  manner  of  other  licences,  dispen- 
 sations, compositions,  faculties,  grants,  rescripts,  delegacies, 
 or  any  other  instruments  or  writings  that  in  causes  of  neces- 
 sity may  lawfully  be  granted  without  offending  of  the  Holy 
 Scriptures  and  laws  of  God  : 
 
 But  that  from  henceforth  every  such  licence,  dispensation,  All  such 
 composition,  faculty,  grant,  rescript,  delegacy,   instrument,  ^°.^^.  ^^^ 
 and  other  writing  afore  named  and  mentioned,  necessary  realm, 
 for  your  highness,  your  heirs  or  successors,  and  your  and 
 their  people  and  subjects,  upon  the  due  examinations  of 
 the  causes  and  qualities  of  the  persons  procuring  such  dis- 
 pensations, licences,  compositions,  faculties,  grants,  rescripts, 
 delegacies,  instruments,  or  other  writings,  shall  be  granted, 
 had,  and  obtained,  from  time  to  time,  within  this  your  realm, 
 and  other  your  dominions,  and  not  elsewhere,  in  manner 
 and  form  following,  and  none  otherwise ;  that  is  to  say : 
 
 The  Archbishop  of  Canterbury  for  the  time  being,  and  Power  of 
 his  successors,  shall  have  power  and  authority,  from  time  to  f^^,  Arch- 
 
 ^  -^    ,  bishop  of 
 
 time,  by  their  discretions,  to  give,  grant,  and  dispose,  by  an  Canter- 
 instrument  under  the  seal  of  the  said  archbishop,  unto  your  t>"^y  t<^ 
 
 grant  dis- 
 
 majesty,  and  to  your  heirs  and  successors,  kings  of  this  pensations 
 realm,  as  well  all  manner  such  licences,  dispensations,  com-  to  the  king, 
 positions,  faculties,  grants,  rescripts,  delegacies,  instruments, 
 and  all  other  writings,  for  causes  not  being  contrary  or 
 repugnant  to  the  Holy  Scriptures  and  laws  of  God,  as  here- 
 tofore has  been  used  and  accustomed  to  be  had  and 
 obtained  by  your  highness,  or  any  your  most  noble  pro- 
 
4  DOCUMENTS  ILLUSTRATIVE  OF  THE     [liii 
 
 1534.  genitors,  or  any  of  your  or  their  subjects,  at  the  see  of 
 Rome,  or  any  person  or  persons  by  authority  of  the  same  ; 
 and  all  other  licences,  dispensations,  faculties,  compositions, 
 grants,  rescripts,  delegacies,  instruments,  and  other  writings, 
 in,  for,  and  upon  all  such  causes  and  matters  as  shall  be 
 convenient  and  necessary  to  be  had,  for  the  honour  and 
 surety  of  your  highness,  your  heirs  and  successors,  and  the 
 wealth  and  profit  of  this  your  realm  ;  so  that  the  said  arch- 
 bishop, or  any  of  his  successors,  in  no  manner  wise  shall 
 grant  any  dispensation,  licence,  rescript,  or  any  other 
 writing  afore  rehearsed,  for  any  cause  or  matter  repugnant 
 to  the  law  of  Almighty  God. 
 
 Be  it  also  enacted  by  authority  aforesaid,  that  the  said 
 archbishop  and  his  successors,  after  good  and  due  examina- 
 tion, by  them  had,  of  the  causes  and  qualities  of  the  per- 
 sons procuring  for  licences,  dispensations,  compositions, 
 faculties,  delegacies,  rescripts,  instruments,  or  other  writings, 
 shall  have  full  power  and  authority  by  themselves,  or  by 
 their  sufficient  and  substantial  commissary  or  deputy,  by 
 their  discretions,  from  time  to  time,  to  grant  and  dispose, 
 by  an  instrument  under  the  name  and  seal  of  the  said 
 archbishop,  as  well  to  any  of  your  subjects,  as  to  the 
 subjects  of  your  heirs  and  successors,  all  manner  licences, 
 dispensations,  faculties,  compositions,  delegacies,  rescripts, 
 instruments,  or  other  writings,  for  any  such  cause  or  matter, 
 whereof  heretofore  such  licences,  dispensations,  composi- 
 tions, faculties,  delegacies,  rescripts,  instruments,  or  writings, 
 have  been  accustomed  to  be  had  at  the  see  of  Rome,  or  by 
 authority  thereof,  or  of  any  prelate  of  this  realm. 
 No  licence  And  that  the  said  archbishop  and  his  commissary  shall 
 or  dispen-  ^^^  grant  any  other  licence,  dispensation,  composition, 
 be  granted  faculty,  writing,  or  instrument,  in  causes  unwont  and  not 
 unaccus-     accustomed  to  be  had  or  obtained  at  the  Court  of  Rome, 
 
 tomed  to 
 
 be  had  at     nor  by  any  authority  thereof,   nor  by  any  prelate  of  this 
 Rome,        realm,  until  your  grace,  your  heirs  or  successors,  or  your 
 
Liii]      HISTORY  OF  THE  ENGLISH  CHURCH  215 
 
 or  their  council  shall  first  be  advertised  thereof,  and  deter-  1534. 
 mine  whether  such  licences,  dispensations,  compositions, 
 faculties,  or  other  writings,  in  such  causes  unwont  and  not 
 accustomed  to  be  dispensed  withal  or  obtained,  shall  com- 
 monly pass  as  other  dispensations,  faculties,  or  other  writings, 
 shall,  or  no,  upon  pain  that  the  grantors  of  every  such  licence, 
 dispensation,  or  writing,  in  such  causes  unwont,  contrary  to 
 this  Act,  shall  make  fine  at  the  will  and  pleasure  of  your 
 grace,  your  heirs  and  successors ;  and  if  it  be  thought  and  except  by 
 determined    by  your   grace,  your   heirs    or   successors,  or  ^PP'"°^^" 
 
 ■>    •>  ^  ^    J  '  tion  of  the 
 
 your  or  their  council,  that  dispensations,  faculties,  licences,  king  and 
 or  other  writings,  in  any  such  cause   unwont,  shall  pass,  c°^"<^"- 
 then  the  said  archbishop  or  his  CDmmissary,  having  licence 
 of  your  highness,  your  heirs  or  successors  for  the  same,  by 
 your  or  their  bill  assigned,  shall  dispense  with  them  accord- 
 ingly. 
 
 Provided  always,  that  no  manner  of  dispensations,  licences,  King's 
 
 faculties,    or   other   rescripts   or   writings    hereafter   to   be  confirma- 
 
 '  .  tion  re- 
 
 granted  to  any  person  or  persons,  by  virtue  or  authority  of  quired,  in 
 
 this  Act,  by  the  said  archbishop  or  his  commissary  being  somecases, 
 
 of  such  importance,  that  the  tax  of  the  expedition  thereof  arch- 
 
 at  Rome  extended  to  the  sum  of  4/.  or   above,  shall  in  bishop  s 
 
 .  ,.      dispensa- 
 
 any  wise  be  put  in  execution,  till  the  same  licence,  dis-  tion  can 
 
 pensation,  faculty,  rescript,  or  other  writing,  of  what  name  ^^  P"M" 
 ^  '  y '  1    7  oj  execution. 
 
 or  nature  soever  it  be  of,  be  first  confirmed  by  your  high- 
 ness, your  heirs  or  successors,  kings  of  this  realm,  under  the 
 great  seal,  and  enrolled  in  your  chancery  in  a  roll,  by 
 a  clerk  to  be  appointed  for  the  same ;  and  that  this  Act 
 shall  be  a  sufficient  warrant  to  the  Chancellor  of  England 
 for  the  time  being,  or  to  him  whom  your  grace,  your  heirs 
 or  successors,  shall  depute  to  be  keeper  of  the  great  seal, 
 to  confirm  in  your  name,  your  heirs  or  successors,  the  afore- 
 said writings,  passed  under  the  said  archbishop's  seal,  by 
 letters  patent,  in  due  form  thereof  to  be  made  under  your 
 great  seal,  remitting  as  well   the   said  writing  under   the 
 
2i6  DOCUMENTS  ILLUSTRATIVE   OF  THE      [ltii 
 
 1534.      archbishop's  seal,  as  the  said  confirmation  under  the  great 
 seal,   to  the  parties  from  time  to  time  procuring  for  the 
 same  : 
 What  dis-       And  that  all  such  licences,  dispensations,  faculties,  and 
 ma'v  be°"^  Other  rescripts  and  writings,  for  the  expedition  of  the  which 
 granted       the  said  taxes  to  be  paid  at  Rome  were  under  4/.,  which 
 such°con-    ^^  matters  of  no  great  importance,  shall  pass  only  by  the 
 firmation.    archbishop's  seal,  and  shall  not  of  any  necessity  be  con- 
 firmed by  the  great  seal,  unless  the  procurers  of  such  licence, 
 faculty,  or  dispensation  desire  to  have  them  so  confirmed ; 
 in  which  case  they  shall  pay  for  the  said  great  seal,  to  the 
 use  of  your  highness,  your  heirs  and  successors,  ^s.  sterling, 
 and   not   above,  over  and  besides  such   tax   as    shall   be 
 hereafter  limited  for  the  making,  writing,  registering,  con- 
 firming, and  enrolling  of  such  licences,  confirmations^  and 
 writings  under  the  said  tax  of  4/. 
 All  acts  And  that  every  such  licence,  dispensation,  composition, 
 
 done  by      faculty,  rescript,  and  writing,  of  what  name  or  nature  soever 
 
 virtue  of      . 
 
 any  of  the  it  DC,  for  such  causes  as  the  tax  was  wont  to  be  4/.   or 
 
 aforesaid  above,  SO  granted  by  the  archbishop,  and  confirmed  under 
 shall  be  the  great  seal,  and  all  other  licences,  dispensations,  facul- 
 good  and  tigg,  rescripts,  and  writings  hereafter  to  be  granted  by  the 
 law.  archbishop  by  virtue  and  authority  of  this  Act,  whereunto 
 
 the  great  seal  is  not  limited  of  necessity  to  be  put  to,  by 
 reason  that  the  tax  of  them  is  under  4/.,  shall  be  accepted, 
 approved,  allowed,  and  admitted  good  and  effectual  in  the 
 law,  in  all  places,  courts,  and  jurisdictions,  as  well  spiritual 
 as  temporal,  within  this  realm,  and  elsewhere  within  your 
 dominions,  and  as  beneficial  to  the  persons  obtaining  the 
 same,  as  they  should  have  been  if  they  had  been  obtained, 
 with  all  things  requisite,  of  the  see  of  Rome,  or  of  any 
 other  person  by  authority  thereof,  without  any  revocation 
 or  repeal  hereafter  to  be  had  of  any  such  licences,  dispensa- 
 tions, faculties,  rescripts,  or  writings,  of  what  nature  soever 
 they  be. 
 
Liii]      HISTORY  OF   THE  ENGLISH  CHURCH  217 
 
 And  that  all  children  procreated  after  solemnization  of      1534. 
 any  marriages  to  be  had  or  done  by  virtue  of  such  licences  Children 
 or   dispensations,   shall   be   admitted,   reputed,   and   taken  m°arriages^ 
 legitimate  in  all  courts,  as  well  spiritual  as  temporal,  and  in  tiad  by 
 all  other  places,  and  inherit  the  inheritance  of  their  parents  J^^^j^ 
 and  ancestors  within  this  your  realm,  and  all   other  your  licences 
 dominions,  according  to  the  laws  and  customs  of  the  same ;  ^^<^^  ^^^^^' 
 and  all  acts  to  be  done,  had,  or  executed  according  to  the 
 tenor  of  such  licences,  dispensations,  faculties,  writings,  or 
 other  instruments,  to  be  made  or  granted  by  authority  of 
 this  Act,  shall  be  firm,  permanent,  and  remain   in  force ; 
 any  foreign  laws,  constitutions,  decrees,  canons,  decretals, 
 inhibitions,  use,  custom,  prescription,  or  any  other  thing  had, 
 or  hereafter  to  be  made  to  the  contrary  notwithstanding. 
 
 And  be  it  further  enacted,  that  the  said  archbishop  and  Registra- 
 his  successors   shall  have  power  and  authority  to  ordain,  ^^ch-^ 
 make,  and  constitute  a  clerk,  which  shall  write  and  register  bishop's 
 every  such  licence,  dispensation,  faculty,  writing,  or  other  tio^g  ami 
 instrument  to  be  granted  by  the  said  archbishop,  and  shall  king's  con- 
 find  parchment,  wax,  and  silken  laces  convenient  for  the    ^^^^  ^°"^' 
 same,  and  shall  take  for  his  pains  such  sums  of  money  as 
 shall  be  hereafter  in  this  present  Act  to  him  limited  in  that 
 behalf  for  the  same ;  and   that  likewise  your  grace,  your 
 heirs   and   successors,  shall  by  your  letters  patent,  under 
 your  great  seal,  ordain,  depute,  and  constitute  one  sufficient 
 clerk,  being  learned  in  the  course  of  the  chancery,  which  shall 
 always  be  attendant  upon  the  lord  chancellor,  or  the  lord 
 keeper  of  the  great  seal,  for  the  time  being,  and  shall  make, 
 write,   and   enrol    the    confirmations    of  all  such   licences, 
 dispensations,  instruments,  and  other  writings  as  shall  be 
 thither  brought  under  the  archbishop's  seal,  there  to  be 
 confirmed  and  enrolled ;  and  shall  also  entitle  in  his  books, 
 and  enrol  of  record,  such  other  writings  as  shall  thither  be 
 brought  under  the  archbishop's  seal,  not  to  be  confirmed, 
 taking  for  his   pains  such  reasonable  sums  of  money  as 
 
2i8  DOCUMENTS  ILLUSTRATIVE  OE  THE     [liii 
 
 1534.      hereafter  by  this  Act  to  him  shall  be  limited  for  the  same ; 
 and  that  as  well  the  said  clerk  appointed  by  the  said  arch- 
 bishop, as  the  said  clerk  to  be  appointed  by  your  highness, 
 your    heirs    or   successors,  shall    subscribe  their  names  to 
 every  such  licence,  dispensation,  faculty,  or  other  writing 
 that  shall  come  to  their  hands  to  be  written,  made,  granted, 
 sealed,  confirmed,  registered,  and  enrolled  by  authority  of 
 this  Act,  in  form  as  is  before  rehearsed. 
 Recital  of       And   forasmuch  as  the  charges  of  obtaining   the   said 
 ^devaifces  I'^ences,    dispensations,    faculties,    and    other   rescripts   or 
 in  fees  for  writings  aforenamed,  at  the  Court  of  Rome,  by  the  losses 
 
 expe  iting    ^  exchanges,  and  in  conducting  of  couriers,  and  waging 
 business  at  &     '  &  j  o     o 
 
 Rome.  solicitors  to  sue  for  any  such  licences,  dispensations,  facul- 
 ties, instruments,  and  other  rescripts  or  writings,  have  been 
 grievous  and  excessive  to  your  people,  and  many  times  greater 
 sums  have  been  demanded  for  the  speedy  expedition  in 
 the  Court  of  Rome,  than  be  expressed  in  the  old  tax  limited 
 to  be  paid  for  the  said  expeditions,  whereby  your  people 
 have  been  brought  to  an  uncertainty  upon  the  payment  for 
 expeditions  of  such  things,  and  by  reason  thereof  have  been 
 constrained  to  pay  more  than  they  were  wont  to  do,  to  the 
 great  impoverishing  of  this  realm,  as  is  aforesaid :  and 
 sometimes  the  speeding  of  such  dispensations,  faculties, 
 licences,  and  other  writings  at  Rome  has  been  so  long 
 deferred,  that  the  parties  labouring  for  the  same  have  suf- 
 fered great  incommodities  and  loss  for  lack  of  quick  speed, 
 which  hereafter  may  be  had  within  this  your  realm,  to  the 
 great  commodity  of  your  people,  whereby  the  charges  of 
 making  exchanges,  conducting  of  couriers,  and  solicitors, 
 for  the  said  dispensations,  shall  be  abated,  and  your  people 
 so  much  relieved  and  eased ;  to  the  intent  that  all  ambi- 
 To  avoid  guity,  and  uncertainty  of  payments  for  dispensations,  facul- 
 these,  |.-gg^  licences,  and  other  rescripts  and  writings,  may  be 
 taken  away,  that  no  fraud  or  exaction  shall  be  exercised 
 upon  your  people,  by  such  officers  as  shall  be  appointed 
 
Liii]      HISTORY  OF  THE  ENGLISH  CHURCH  219 
 
 by  this  Act,  to  take  pains  in  speeding  such  dispensations,      1534. 
 faculties,  and  Hcences,  but  that  your  people  may  be  sure 
 and  certain  what  they  be  appointed  to  pay  for  the  same  : 
 
 Be  it  enacted  by  this  present  Parliament,  and  by  the  fixed  rates 
 authority  of  the  same,  that  there  shall  be  two  books  drawn  are  estab"^ 
 and  made  of  one  tenor,  in  which  shall  be  contained  the  lished  and 
 taxes  of  all  customable  dispensations,  faculties,  licences,  and  record 
 other  writings  wont  to  be  sped  at  Rome,  which  books,  and 
 every  leaf  of  those  books,  and  both  sides  of  every  leaf,  shall 
 be  subscribed  by  the  Archbishop  of  Canterbury,  the  Lord 
 Chancellor  of  England,  the  Lord  Treasurer  of  England,  and 
 the  two  chief  justices  of  both  benches  for  the  time  being ; 
 to  the  which  books  all  suitors  for  dispensations,  faculties, 
 licences,  and  other  writings  afore  rehearsed,  shall  have 
 recourse  if  they  require  it ;  and  one  of  the  said  books  shall 
 remain  in  the  hands  of  him  which  shall  be  appointed  to  be 
 registrar  and  scribe  of  the  said  dispensations,  faculties,  and 
 licences,  under  the  said  Archbishop  of  Canterbury,  in  form 
 as  is  beforesaid ;  and  the  other  book  shall  remain  with  the 
 clerk  of  the  chancery,  which  by  your  grace,  your  heirs  or 
 successors,  shall  be  appointed,  as  is  before  rehearsed  ;  which 
 clerk  of  the  chancery  shall  also  entitle,  and  note  particularly 
 and  daily,  in  his  book  ordained  for  that  purpose,  the 
 number  and  quality  of  the  dispensations,  faculties,  licences, 
 and  other  rescripts  and  writings,  which  shall  be  sealed  only 
 with  the  seal  of  the  said  archbishop,  and  also  which  shall  be 
 sealed  with  the  said  seal,  and  confirmed  with  the  great  seal, 
 in  form  as  is  before  said,  that  all  fraud  and  concealment  in 
 this  behalf  may  be  avoided. 
 
 And  be  it  enacted  by  this  present  Parliament,  and  by  the  The  fees 
 authority  of  the  same,  that  no  man  suing  for  dispensations,  gaticns    '^ 
 faculties,  licences,  or  other  rescripts  or  writings,  which  were  faculties, 
 wont  to  be  sped  at  Rome,  shall  pay  any  more  for  their  dis-  ^^^^  ^ 
 pensations,  licences,  or  rescripts,  than  shall  be  contained, 
 taxed,  and  limited  in  the  said  duplicate  books  of  taxes,  only 
 
220  DOCUMENTS  ILLUSTRATIVE  OF  THE      [liii 
 
 1534.  compositions  excepted,  of  which,  being  arbitrary,  no  tax  can 
 be  made,  wherefore  the  tax  thereof  shall  be  set  and  hmited 
 by  the  discretion  of  the  said  Archbishop  of  Canterbury,  and 
 the  Lord  Chancellor  of  England^  or  the  lord  keeper  of  the 
 great  seal  for  the  time  being ; 
 The  And  that  such  as  shall  exact  or  receive  of  any  suitor  more 
 
 ^^"^^^^^^°''  for  any  dispensation,  faculty,  or  licence,  than  shall  be  con- 
 tained in  the  said  books  of  taxes,  shall  forfeit  ten  times  so 
 much  as  he  shall  so  extortionately  exact  and  receive ;  the 
 one  half  of  the  which  forfeiture  to  be  to  the  use  of  your  grace, 
 your  heirs  or  successors,  and  the  other  half  thereof  to  be  to 
 such  of  your  subjects  as  will  sue  for  the  same  by  action,  bill, 
 or  plaint  in  any  of  your  grace's  courts,  wherein  the  defendant 
 shall  have  none  essoin  nor  protection  allowed,  neither  shall 
 be  admitted  to  wage  his  law. 
 How  the         Be   it   also   enacted   by  this    Parliament,  and  authority 
 et^rv  dis-    ^^  ^^^  same,!  that  the  tax  or  sum  appointedjto  be  paid  for 
 pensation,  every  such  dispensation,  licence,  faculty,  instrument,  rescript, 
 other"^'  ^^  °^  other  writing  to  be  granted  by  authority  of  this  Act,  shall 
 writing  of  be  employed  and  ordered,  as  hereafter  ensues ;  that  is  to 
 siialTbe '     ^^y  •  ^^  ^^^  ^^^  extend  to  4/.  or  above,  by  reason  whereof 
 divided.      the  dispensation,  licence,  faculty,  rescript  or  writing,  which 
 shall  pass  by  the  said  archbishop's  seal,  must  be  confirmed 
 by  the  appension  of  the  great  seal,  then  the  said  tax  so 
 extending  to  4/.  or  above,  shall  be  divided  into  three  parts, 
 V         whereof  two  shall  be  perceived  by  the  said  clerk  of  the 
 .  VI        chancery,  to  be  appointed  as  is  aforesaid,  to  the  use  of  your 
 highness^iyour  heirs  and  successors,  and  to  the  use  of  the 
 lord  chancellor,  or  the  keeper  of  the  great  seal  for  the  time 
 being,  and  to  the  use  of  the  said  clerk,  in  such  wise  as  here- 
 after shall  be  declared ;  and  thatlthe  third  part  shall  be  taken 
 by  the  said  clerk  of  the  archbishop,  to  the  use  of  the  same 
 archbishop  and  his  commissary^  and  his  said   clerk   and 
 registrar,  in  such  wise  as  hereafter  shall  be  ordained  and 
 limited  by  this  Act ;  that  is  to  say,  the  said  two  parts  shall 
 
Liii]      HISTORY  OF   THE   ENGLISH  CHURCH  221 
 
 be  divided  in  four  parts,  of  which  three  parts  shall  be  1534. 
 taken  to  the  only  use  of  your  highness,  your  heirs  and 
 successors,  and  the  fourth  part  shall  be  divided  in  three 
 parts,  whereof  the  Chancellor  of  England,  or  lord  keeper  of 
 the  great  seal  for  the  time  being,  shall  have  two  parts,  and 
 the  said  clerk  of  the  chancery  the  third  part  for  his  pains, 
 travel,  and  labours  that  he  is  limited  to  write  and  do  by 
 virtue  of  this  Act ;  and  the  said  third  part  of  the  whole  tax 
 appointed  to  the  said  archbishop,  and  his  officers,  as  is 
 aforesaid,  shall  be  divided  into  three  parts,  whereof  the 
 archbishop  shall  have  to  his  use  two  parts,  and  his  officers 
 shall  have  the  third  part  thereof;  of  which  third  part  to  be 
 divided  into  two  parts,  the  said  clerk  or  registrar,  which 
 shall  find  parchment,  wax,  and  silk,  and  shall  devise  and 
 write  the  said  dispensations,  licences,  faculties,  rescripts,  or 
 other  writings,  and  register  the  same,  shall  have  for  his  said 
 labour,  and  for  receiving  and  repaying  of  the  sums  of  money 
 that  shall  come  to  his  hands  for  dispensations,  faculties, 
 licences,  and  other  rescripts  aforesaid,  the  one  moiety  there- 
 of, and  the  commissary  of  the  said  archbishop  appointed  to 
 seal  the  said  dispensations,  faculties,  licences,  and  other 
 rescripts,  shall  have  the  other  part. 
 
 And  if  the  tax  be  under  4/.  and  not  under  405".,  then  How  if  the 
 the  said  tax  shall  be  divided  into  three  parts,  as  is  aforesaid,  ^^^^^  .1 
 whereof  the  king's  highness,  his  heirs  and  successors,  shall  and  not 
 have  two  parts  thereof,  abating  y.  4^.,  which  shall  be  to  the  """^^  ^os. 
 said  clerk  of  the  chancery  for  subscribing,  entitling,  and  en- 
 rolling the  said  dispensations,  licences,  faculties,  rescripts, 
 and  other  writings  aforesaid,  and  receiving  of  the  king's 
 money  so  taxed ;  and  the  archbishop  and  his  officers  shall 
 have  the  third  part,  which  third  part  shall  be  divided  into 
 two  parts,  whereof  the  archbishop  shall  have  the  one  entirely 
 to  himself,  his  scribe  and  commissary  shall  have  the  other 
 part  thereof,  equally  to  be  divided  amongst  theni  for  their 
 costs  and  pains  in  that  behalf. 
 
DOCUMENTS  ILLUSTRATIVE  OF  THE     [liii 
 
 Dispensa- 
 tions by 
 the  guar- 
 dian of  the 
 spiritual- 
 ties,during 
 vacancies. 
 
 And  if  the  tax  be  under  40^.  and  not  under  26s.  M.,  the 
 same  tax  shall  be  divided  into  two  parts,  whereof  the  one 
 part  shall  be  to  your  grace,  your  heirs  and  successors, 
 deducting  thereof  2s.  for  the  clerk  of  the  chancery  for  his 
 pains,  as  is  aforesaid ;  and  the  other  part  shall  be  to  the 
 said  archbishop  and  his  officers,  which  other  part  shall  be 
 divided  into  two  parts;  whereof  the  archbishop  shall  have 
 the  one,  and  the  commissary  and  scribe  shall  have  the  other, 
 equally  divided  amongst  them. 
 
 And  if  the  tax  be  under  26s.  Sd.  and  not  under  20s.,  the 
 same  shall  be  divided  into  two  parts,  whereof  your  grace, 
 your  heirs  and  successors,  shall  have  the  one  part  entirely, 
 abating  2s.  thereof  to  the  said  clerk  of  the  chancery;  and 
 the  archbishop  and  his  officers  shall  have  the  other  part, 
 and  the  same  other  part  shall  be  divided  into  three  parts, 
 whereof  the  archbishop  shall  have  one,  his  commissary  the 
 second,  and  his  scribe  or  registrar  the  third ;  and  in  case  the 
 tax  be  under  20s.  the  same  shall  be  perceived  to  the  use  of 
 the  said  commissary,  clerk  of  the  said  archbishop,  and  clerk 
 of  the  chancery,  to  be  equally  divided  amongst  them  for 
 their  pains  and  labours  by  them  to  be  sustained,  by  autho- 
 rity of  this  Act,  as  aforesaid. 
 
 Provided  always,  that  this  Act  shall  not  be  prejudicial  to 
 the  Archbishop  of  York,  or  to  any  bishop  or  prelate  of  this 
 realm;  but  that  they  may  lawfully,  notwithstanding  this 
 Act,  dispense  in  all  cases  in  which  they  were  wont  to  dis- 
 pense by  the  common  law  or  custom  of  this  realm  afore 
 the  making  of  this  Act. 
 
 Provided  also,  and  be  it  enacted  by  the  authority  afore- 
 said, that  if  it  happen  the  see  of  the  archbishopric  of  Can- 
 terbury to  be  void,  that  then  all  such  manner  of  licences, 
 dispensations,  faculties,  instruments,  rescripts,  and  other 
 writings,  which  may  be  granted  by  virtue  and  authority  of 
 this  Act,  shall,  during  the  vacation  of  the  same  see,  be  had, 
 done,  and  granted  under  the  name  and  seal  of  the  guardian 
 
Liii]      HISTORY  OF  THE  ENGLISH   CHURCH  223 
 
 of  the  spiritualties  of  the  said  archbishopric  for  the  time      1534. 
 being,  according  to  the  tenor  and  form  of  this  Act,  and  shall 
 be  of  like  force,  value,  and  effect,  as  if  they  had  been  granted 
 under  the  name  and  seal  of  the  archbishop  for  the  time 
 being. 
 
 And   be  it   further  enacted,  that  if  the  aforesaid  Arch-  If  the  Arch- 
 bishop  of    Canterbury    for   the   time    being,    or   the    said  ^^j^^J^r-*^ 
 guardian  of  the  spiritualties  for  the  time  being,  hereafter  bury,  or 
 refuse  or  deny  to  grant  any  licences,  dispensations,  faculties,  ^f  ^^g^^" 
 instruments,  or  other  writings,  which  they  be  authorized  to  spiritual- 
 do  by  virtue  and  authority  of  this  Act,  in  such  manner  and  unreason- 
 form  as  is  afore  remembered,  to  any  person  or  persons  that  ably  deny 
 ought,  of  a  good,  just,  and  reasonable  cause,  to  have  the  t/o^r"^^ 
 same,  by  reason  whereof  this  present  Act,  by  their  wilfulness,  licences, 
 negligence,  or  default,  should  take  no  effect ;  then  the  Chan-    ^"> 
 cellor  of  England,  or  the  lord  keeper  of  the  great  seal  for 
 the  time  being,  upon  any  complaint  thereof  made,   shall 
 direct  the  king's  writ  to  the  said  archbishop  or  guardian  the  king's 
 denying  or  refusing  to  grant  such  licences,  dispensations,  ^"*  ^'^^^^ 
 faculties,  or  other  writings,  enjoining  him  by  the  said  writ,  enforce 
 upon  a  certain  pain  therein  to  be  limited  by  the  discretion  ^^^  grant- 
 of  the  said  chancellor  or  keeper  of  the  great  seal,  that  he  compel  the 
 
 shall  in  due  form  grant  such  licence,  dispensation,  faculty,  showing  of 
 
 °  ''-'■'    cause  to 
 
 or  other  writing,  according  to  the  request  of  the  procurers  the  con- 
 
 of  the  same,  or  else  signify  unto  your  highness,  your  heirs  trary. 
 
 or  successors,  in  the  Court  of  Chancery,  at  a  certain  day,  for 
 
 what  occasion  or  cause  he  refused  and  denied  to  grant  such 
 
 licences,  faculties,  or  dispensations. 
 
 And  if  it  shall   appear  to   the   said  chancellor  or  lord  If  refusal 
 
 keeper  of  the  great  seal,  upon  such  certificate,  that  the  cause  ^j^j^  ^^  ^^ 
 
 of  refusal  or  denial  of  granting  such  licences,  faculty,  or  dis-  allowed. 
 
 pensation  was  reasonable,  just,  and  good,  that  then  [it]  so 
 
 being  proved  by  due  search  and  examination  of  the  said 
 
 chancellor  or  lord  keeper  of  the  great  seal,  to  be  admitted 
 
 and  allowed. 
 
DOCUMENTS  ILLUSTRATIVE  OF  THE     [liii 
 
 1534. 
 
 If  other- 
 wise, the 
 king's  writ 
 shall 
 enforce 
 grant. 
 
 The  king 
 to  em- 
 power two 
 spiritual 
 persons  to 
 grant  such 
 licences 
 in  cases  of 
 obstinate 
 
 And  if  it  shall  appear  upon  the  said  certificate,  that  the 
 said  archbishop  or  guardian  of  the  spiritualties  for  the  time 
 being,  of  wilfulness  in  contemning  the  due  execution  of  this 
 Act,  without  a  just  and  reasonable  cause,  refused  or  denied 
 to  grant  such  licence,  faculty,  or  dispensation,  that  then  your 
 highness,  your  heirs  or  successors,  being  thereof  informed, 
 after  due  examination  had,  that  such  licences,  faculties,  or 
 dispensations  may  be  granted  without  offending  the  Holy 
 Scriptures  and  laws  of  God,  shall  have  power  and  authority 
 in  every  such  case,  for  the  default,  negligence,  and  wilful- 
 ness of  the  said  archbishop  or  guardian,  to  send  your  writ  of 
 injunction  under  your  great  seal,  out  of  your  said  Court  of 
 Chancery,  commanding  the  archbishop  or  guardian  that  so 
 shall  deny  or  refuse  to  grant  such  licence,  faculty,  or  dispensa- 
 tion, to  make  sufficient  grant  thereof,  according  to  the  tenor 
 and  effect  of  this  Act,  by  a  certain  day,  and  under  a  certain 
 pain  in  the  said  writ  to  be  contained,  and  to  be  limited  by 
 your  highness,  your  heirs  or  successors,  kings  of  this  realm. 
 
 And  if  the  said  archbishop  or  guardian,  after  the  receipt 
 of  the  said  writ,  refuse  or  deny  to  grant  such  licences, 
 faculties,  or  dispensations,  as  shall.be  enjoined  him  by  virtue 
 of  the  said  writ,  and  show  and  prove  before  your  majesty, 
 your  heirs  or  successors,  no  just  or  reasonable  cause  why  he 
 should  do  so;  then  the  said  archbishop  or  guardian  that 
 so  shall  refuse  to  put  this  Act  in  execution  according  to  the 
 said  writ  of  injunction,  shall  suffer,  lose,  and  forfeit  to  your 
 highness,  your  heirs  and  successors,  such  pain  and  penalty 
 as  shall  be  limited  and  expressed  in  the  said  writ  of  in- 
 junction. 
 
 And  over  that,  it  shall  be  lawful  to  your  highness,  your 
 heirs  and  successors,  for  every  such  default  and  wilfulness 
 of  the  said  archbishop  or  guardian  for  the  time  being,  to 
 give  power  and  authority,  by  commission  under  your  great 
 seal,  to  such  two  spiritual  prelates  or  persons  to  be  named 
 by  your  highness,  your  heirs  or  successors,  as  will  do  and 
 
Liii]      HISTORY  OF  THE  ENGLISH   CHURCH  225 
 
 grant  such  licences,  faculties,  and  dispensations,  refused  or      1534. 
 denied  to  be  granted  by  the  said  archbishop  or  guardian  in  refusal  by 
 contempt  of  this  Act.  bishop. 
 
 And  be  it  further  enacted  by  authority  aforesaid,  that  the  As  to  dis- 
 said  two  spiritual  prelates  or  persons,  to  whom  in  such  cases  pensations 
 any  such  commission  shall  be  directed,  shall  have  power  and  such 
 authority  to  grant  every  such  licence,  faculty,  dispensation,  spiritual 
 instrument,  and  other  wTitings,  so  refused  to  be  granted  by 
 the  said  archbishop  or  guardian  for  the  time  being,  by  an 
 instrument  under  their  seals,  taking  like  fees  and  charges 
 for  the  same  as  is  before  rehearsed,  and  not  above,  under 
 the  pains  afore  remembered.  And  that  every  such  licence, 
 faculty,  and  dispensation  so  granted  for  any  cases  or  matters, 
 whereunto  any  confirmation  under  the  king's  great  seal  is 
 appointed  by  this  Act,  to  be  had  in  manner  and  form  above 
 declared,  shall  be  had  and  obtained  accordingly.  And  such 
 licences  and  confirmations  shall  be  had  for  like  fees  and 
 charges  as  they  are  above  specified,  and  not  above,  under  the 
 pains  above  mentioned.  And  that  every  such  licence,  faculty, 
 dispensation,  and  other  writing,  to  be  granted  by  the  said 
 prelates  or  persons  to  be  assigned  by  the  king's  highness, 
 his  heirs  and  successors^  as  is  aforesaid,  shall  be  of  as  good 
 value,  strength  and  effect,  and  as  beneficial  and  profitable 
 to  the  persons  procuring  the  same^  as  if  they  had  been 
 made,  granted,  and  obtained  under  the  name  and  seal  of  the 
 said  archbishop. 
 
 Provided  always,  that  this  Act,  nor  any  thing  or  things  The  king 
 therein   contained,   shall   be   hereafter   interpreted   or    ex-  ^^^j^^  ^^ 
 pounded,  that  your  grace,  your  nobles  and  subjects,  intend,  not  mean 
 by  the  same,  to  decline  or  vary  from  the  congregation  of^^^^^^^ 
 Christ's  Church  in  any  things  concerning  the  very  articles  of  articles 
 the  Catholic  faith  of  Christendom,  or  in  any  other  things  Catholic 
 declared,  by  Holy  Scripture  and  the  word  of  God,  necessary  faith  of 
 for  your  and  their  salvations,  but  only  to  make  an  ordinance  ^^^^ 
 by  policies  necessary  and  convenient  to  repress  vice,  and  for 
 
 Q 
 
226  DOCUMENTS  ILLUSTRATIVE   OF  THE      [liii 
 
 1.j34.  good  conservation  of  this  realm  in  peace,  unity,  and  tranquil- 
 lity, from  ravin  and  spoil,  ensuing  much  the  old  ancient 
 customs  of  this  realm  in  that  behalf;  not  minding  to  seek 
 for  any  relief,  succours,  or  remedies  for  any  worldly  things 
 and  human  laws,  in  any  cause  of  necessity,  but,  within  this 
 realm,  at  the  hands  of  your  highness,  your  heirs  and  suc- 
 cessors, kings  of  this  realm,  which  have  and  ought  to  have  an 
 imperial  power  and  authority  in  the  same,  and  not  obliged, 
 in  any  worldly  causes,  to  any  other  superior. 
 Visitation        Provided  alway,  that  the  said  Archbishop  of  Canterbury, 
 
 of  monas-    qj-  ^j^y  other  person  or  persons,  shall  have  no  power  or  au- 
 
 tenes,  &c.,  .  . 
 
 exempt,    '  thority  by  reason  of  this  Act,  to  visit  or  vex  any  monasteries, 
 
 shall  be       abbeys,  priories,  colleges,  hospitals,  houses  or  other  places 
 
 by  com-  ,.        \... 
 
 mission       religious,  which  be  or  were  exempt,  before  the  makmg  of  this 
 
 from  the     ^^^j-^  anything  in  this  Act  to  the  contrary  thereof  notwith- 
 
 and'not  by  Standing ;    but   that   redress,    visitation,   and   confirmation 
 
 the  pope,    shall  be  had  by  the  king's  highness,  his  heirs  and  successors, 
 
 by  commission  under  the  great  seal,  to  be  directed  to  such 
 
 persons  as  shall  be  appointed  requisite  for  the  same,  in  such 
 
 monasteries,  colleges,  hospitals,  priories,  houses,  and  places 
 
 religious  exempt ;    so  that  no  visitation  nor  confirmation 
 
 shall  from  thenceforth  be  had  nor  made,  in  or  at  any  such 
 
 monasteries,  colleges,  hospitals,  priories,  houses,  and  places 
 
 None  shall  religious  exempt,  by  the  said  Bishop  of  Rome,  nor  by  any  of 
 
 England  to  ^^^^  authority,  nor  by  any  out  of  the  king's  dominions;  nor 
 
 councils      that  any  person,  religious  or  other,  resident  in  any  the  king's 
 
 bhes^^^"^"    dominions,  shall  from  henceforth  depart  out  of  the  king's 
 
 Such  to  be  dominions  to  or  for  any  visitation,  congregation,  or  assembly 
 
 in  the  fQj.  religion,  but  that  all  such  visitations,  congregations,  and 
 
 dominions,  assemblies  shall  be  within  the  king's  dominions. 
 
 This  Act         Provided  also,  that  this  present  Act,  or  anything  therein 
 
 deroo^ate     contained,  or  any  licence  or  dispensation  hereafter  to  be 
 
 from  made  by  virtue  and  authority  thereof,  shall  not  extend  to  the 
 
 VIII T  I     ^sp^^l  C)r  derogation  of  the  late  Act,  made  since  the  beginning 
 
 touching     of  the  present  Parliament,  for  reformation  of  pluralities  of 
 
Liii]      HISTORY  OF  THE  ENGLISH  CHURCH  227 
 
 benefices,  and  for  non-residences  of  spiritual  persons  upon      1534. 
 their  dignities  or  benefices,  nor  to  anything  contained   or  pluralities 
 mentioned  in  the   said   Act;    nor  that  this  Act,   nor  any- tices, &c. 
 thing  to  be  done  by  authority  thereof,  shall  not  be  taken, 
 expounded,  or  interpreted  to  give  Kcence  to  any  person 
 or  persons  to  have  any  more  number  of  benefices  than  is 
 limited  in  the  said  Act ;  and  that  the  same  Act  for  pluralities 
 and    non-residences    of  benefices,  and    everything   therein 
 contained,   shall    stand  good  and  effectual   in  all  intents, 
 according  to  the  true  meaning  thereof;    anything  in   this 
 present  Act,  or  any  licence  or  dispensation  to  be  had  by 
 authority  thereof,  in  any  wise  notwithstanding. 
 
 And  be  it  further  enacted  by  authority  aforesaid,  that  if  Penalty 
 any  person  or  persons,  subject  or  resident  within  this  realm,  ^J ^™" 
 or  within  any  of  the  king's  dominions,  at  any  time  hereafter  Rome  any 
 sue  to  the  court  of  Rome,  or  the  see  of  Rome,  or  to  any  ^'jg^^JJ^g'^. 
 person   claiming   to   have   his    authority   by  the  same,  fortion,  &c., 
 any  licence,  faculty,  dispensation,  or  other  thing  or  things  ^^^°'"°  ^y* 
 contrary  to  this  Act,  or  put  in  execution  any  licence,  faculty,  process 
 or  dispensation,  or  any  other  thing  or  things  hereafter  to  be  ^.^^^^ 
 obtained  from  Rome,  or  the  see  of  Rome,  or  from  any  claim- 
 ing authority  by  the  same,  for  any  of  the  causes  above- 
 mentioned  in  this  Act,  or  for  any  other  causes  that  may  be 
 granted  by  authority  of  this  Act,  or  attempt  or  do  any  thing 
 or  things  contrary  to  this  Act,  or  maintain,  allow,  admit,  or 
 obey   any    manner   of  censures,   excommunications,   inter- 
 dictions, or  any  other  process  from  Rome,  of  what  name  or 
 nature  soever  it  be,  to  the  derogation  or  let  of  the  execution 
 of  this  Act,  or  of  any  thing  or  things  to  be  done  by  reason 
 of  the  said  Act ;  that  then  every  such  person  or  persons  so 
 doing,  offending,  and  being  thereof  convicted,  their  aiders, 
 counsellors,  and  abettors,  shall  incur  and  run  into  the  pain, 
 loss,  and  penalty  comprised  and  specified  in  the  said  Act 
 of  Provision  and  Praemunire,  made  in  the  sixteenth  year  of 
 your    most    noble   progenitor.    King   Richard  II,   agamst 
 
 Q  2 
 
228  DOCUMENTS  ILLUSTRATIVE  OF  THE     [liii 
 
 1534.      such   as  sue  to   the  court  of  Rome,   agamst  your  crown 
 and  dignity  royal. 
 Saving  for       Provided  alway,  that  this  Act,  or  anything  therein  con- 
 grants  and  tained,  shall  not  hereafter  be  taken  nor  expounded  to  the 
 conhrma-      i  •  i  • 
 
 tions  of       derogation  or  taknig  away  of  any  grants,  or  confirmations  of 
 
 liberties      any  hberties,  privileges,  or  jurisdiction  of  any  monasteries, 
 
 obtained         ui  •      •  11 
 
 from  abbeys,  priories,  or  other  houses  or  places  exempt,  which 
 
 Rome.        heretofore  the  making  of  this  Act  have  been  obtained  at  the 
 
 see  of  Rome,  or  by  authority  thereof;  but  that  every  such 
 
 grant  and  confirmation  shall  be  of  the  same  value,  force,  and 
 
 effect  as  they  were  before  the  making  of  this  Act,  and  as  if 
 
 this  Act  had  never  been  made. 
 
 But  Provided  always,  that  the  abbots,  priors,  and  other  chief 
 
 1^*^°^?'        rulers  and  governors  of  such  monasteries,  abbeys,  priories, 
 
 OcC.  S 11 311 
 
 pay  no  and  Other  houses  and  places  exempt,  shall  not  hereafter  pay 
 peiTsions     any  pension,  portion,  or  other  cense  to  the  see  of  Rome ; 
 
 to  Rome. 
 
 nor  accept  ^^or  admit  or  accept  any  visitation,  nor  any  confirmation 
 any  visita-  fj-Qj^  qj-  ^y  ^^g  gaid  see  of  Rome,  or  by  authority  thereof,  of 
 
 tion  or  ^  y  y  7 
 
 confirma-  or  for  any  person  to  be  elected,  named,  or  presented  to  be 
 tion  from  heads  of  any  such  monasteries,  abbeys,  priories,  places,  or 
 nor  make    houses  exempt,   nor  shall  make  any  corporal  oath  to  the 
 
 oath  to  the  Bishop  of  Rome,  otherwise  called  the  pope,  upon  the  pains 
 j)ope.  .....  i.    L    1     L  1 
 
 hmited  in  this  Act ;  but  that  every  such  visitation,  and  confir- 
 mation of  such  heads  elect — in  any  such  monasteries,  abbeys, 
 priories,  houses,  or  places  exempt,  where  after  their  election 
 they  were  bounden  to  have  and  obtain  any  confirmation  of 
 their  election,  or  of  the  person  named,  presented,  or  elected 
 — shall  be  from  henceforth  had,  made,  and  done  within  this 
 realm,  at  and  within  every  such  abbeys,  monasteries,  priories, 
 and  other  houses  and  places  exempt,  by  such  person  and 
 persons  as  shall  be  appointed,  by  authority  of  the  king's 
 commission,  from  time  to  time,  as  the  case  shall  require, 
 and  not  by  the  see  of  Rome,  nor  by  authority  thereof;  any- 
 thing in  this  next  proviso  above  specified  to  the  contrary 
 thereof  notwithstanding. 
 
Liii]      HISTORY  OF  THE  ENGLISH  CHURCH  229 
 
 Provided  always,  that  in  such  monasteries,  abbeys,  priories,      1534. 
 and  houses  exempt,  where  after  election,  presentation,  or  nomi-  Saving  for 
 nation  of  their  heads,  no  such  confirmation  is  requisite  to  be  teries^'&c 
 had,  nor  has  been  used  to  be  taken  by  reason  of  such  privi-  where  no 
 leges  as  they  have  concerning  the  same,  that  in  every  such  tion  fi'^m 
 monasteries,  abbeys,  priories,  and  places  exempt,  they  shall  Rome  is 
 not  be  bounden  to  obtain,  have,  or  take  any  confirmation  '^^"'^'  ^' 
 for  the  same  within  this  realm,  by  authority  of  this  Act,  but 
 use  their  privileges  therein  as  they  have  done  before  the 
 making   of  this  Act;    anything  in   this    Act,    or   any  the 
 provisions  next  above  rehearsed,  to  the  contrary  thereof  not- 
 withstanding. 
 
 Provided  also,  and  be  it  enacted,  that  this  Act,  or  any  Licences 
 thing  or  things,  word  or  words  therein,  or  in  the  preamble  ^^^  ^'^' 
 
 .  .  pensations 
 
 thereof  mentioned  or  contamed,  is  not  intended  or  meant,  obtained  at 
 nor  shall  be  expounded  nor  interpreted,  that  any  dispensa-  Ro^^^^ 
 
 .  •'  belore 
 
 tions,  hcences,  or  confirmations  for  marriages,  granted  to  March  12, 
 any  the  king's  subjects  born  under  his  obeisance,  at  any  ^533'  shall 
 time  before  the  twelfth  day  of  March  in  the  year  of  our 
 Lord  God  1533,  shall  be  appaired,  or  of  any  less  value, 
 strength,  force  or  effect,  than  they  were  at  the  said  twelfth 
 day  of  March ;  nor  that  this  Act,  or  anything  therein  con- 
 tained, shall  not  extend  to  the  derogation,  appairing,  or 
 annulling  of  any  licences,  dispensations,  confirmations, 
 faculties,  or  indulgences,  at  any  time  before  the  said  twelfth 
 day  of  March  in  the  year  of  our  Lord  God,  1533,  had  or 
 obtained  at  the  see  of  Rome,  or  by  authority  thereof,  to 
 or  for  any  subjects  born  in  this  realm,  or  in  any  the  king's 
 dominions,  or  to  or  for  the  hospital  of  the  Prior  of  St.  John 
 of  Jerusalem  in  England,  or  any  commandries  or  members 
 thereof,  or  to  or  for  any  other  cathedral  churches,  hospitals, 
 monasteries,  abbeys,  priories,  colleges,  conventual  churches, 
 parochial  churches,  chapels,  fraternities,  brotherhoods,  or 
 bodies  politic  within  this  realm,  or  in  any  other  the  king's 
 dominions ;  but  that  every  such  licence,  dispensation,  con- 
 
230 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE      [liii 
 
 1534. 
 
 But 
 
 licences, 
 &c., 
 
 obtained 
 at  Rome 
 contrary  to 
 the  laws  of 
 this  reahn 
 shall  not 
 be  put  in 
 execution. 
 
 The  king's 
 power  to 
 reform  in- 
 dulgences. 
 
 firmation,  faculty,  and  indulgence  granted  before  the  said 
 twelfth  day  of  March  to  any  such  subject,  or  to  the  said 
 hospital  of  the  Prior  of  St.  John  of  Jerusalem  in  England, 
 commandries  or  members  thereof,  or  to  any  other  cathedral 
 church,  hospital,  monastery,  abbey,  priory^  college,  church 
 conventual,  parochial  church,  chapel,  fraternity,  brother- 
 hood, or  body  politic,  or  to  their  predecessors  or  ancestors 
 within  this  realm,  or  in  any  other  the  king's  dominions, 
 shall  be  of  the  same  force,  strength,  value  and  effect,  and 
 may  be  from  time  to  time  put  in  execution  at  all  times 
 hereafter,  by  and  to  them  that  will  use  and  have  the  same, 
 as  they  might  have  been  before  the  making  of  this  Act,  and 
 as  if  this  Act  had  never  been  had  nor  made ;  anything  in 
 the  said  Act  to  the  contrary  hereof  notwithstanding. 
 
 Provided  always,  that  such  licences,  dispensations,  con- 
 firmations, or  faculties  heretofore  obtained  at  the  see  of 
 Rome,  or  by  authority  thereof,  contrary  to  the  express  provi- 
 sions of  the  laws  and  statutes  of  this  realm  heretofore  made, 
 shall  not  at  any  time  hereafter  be  used  or  put  in  execution 
 in  any  case,  to  the  derogation,  or  contrary  to  the  said  laws 
 and  statutes  of  this  realm,  and  the  provisions  of  the  same ; 
 anything  in  this  proviso  to  the  contrary  thereof  notwith- 
 standing. 
 
 And  be  it  enacted  by  authority  of  this  present  Parliament, 
 that  the  king  our  sovereign  lord,  by  the  advice  of  his 
 honourable  council,  shall  have  power  and  authority  from 
 time  to  time,  for  the  ordering,  redress,  and  reformation  of 
 all  manner  of  indulgences  and  privileges  thereof  within  this 
 realm,  or  within  any  the  king's  dominions,  heretofore  ob- 
 tained at  the  see  of  Rome,  or  by  authority  thereof,  and  of 
 the  abuses  of  such  indulgences  and  privileges  thereof,  as 
 shall  seem  good,  wholesome,  and  reasonable  for  the  honour 
 of  God  and  weal  of  his  people ;  and  that  such  order 
 and  redress  as  shall  be  taken  by  his  highness  in  that 
 behalf,  shall  be  observed  and  firmly  kept  upon  the  pains 
 
Liii]      HISTORY  OF  THE  ENGLISH  CHURCH  231 
 
 limited  in  this  Act  for  the  offending  of  the  contents  of      1534. 
 the  same. 
 
 Provided  alvvay,  and  be  it  enacted  by  authority  of  this  Date  of  this 
 present  ParHament,  that  this  present  Act,  or  any  thing  or  Actcommg 
 things  therein  contained,  shaU  not  begin  to  take  effect  nor  tion. 
 be  put  in  execution  till  the  feast  of  the  Nativity  of  St.  John 
 Baptist  next  coming,  except  the  king's  majesty,  on  this  side 
 the  said  feast,  by  his  letters  patent  under  his  great  seal,  to 
 be  enrolled  in  the  Parliament  roll  of  this  present  Parliament, 
 do  declare  and  express,  that  it  is  his  pleasure  that  it  shall 
 begin  and  take  effect  at  any  time  afore  the  said  feast ;  and  if 
 his  highness  happen  so  to  do,  that  then,  immediately  after 
 such  declaration  of  his  pleasure  by  his  said  letters  patent 
 in  form  aforesaid,  this  said  Act  shall  begin  and  be  put  in 
 execution  afore  the  said  feast,  according  to  his  said  pleasure 
 so  to  be  declared  by  his  said  letters  patent;  anything  in 
 this  proviso  to  the  contrary  hereof  notwithstanding. 
 
 And  be  it  further  enacted  by  authority  aforesaid,  that  the  Power 
 king's  majesty  at  all  times  on  this  side  the  said  feast  shall  ||^^"  q*^ 
 have  full  power  and  authority,  by  his  letters  patent  under  annul  this 
 his  great  seal,  to  be  enrolled  in  the  Parliament  roll  of  this    ^^^^ 
 present  Parliament,  to  abrogate,  annul,  and  utterly  repeal  thereof. 
 and  make  void  this  Act  and  every  thing  and  things  therein 
 contained,  or  else  as  much  and  such  part  thereof  as  shall  be 
 declared  and  limited  on  this  side  the  said  feast  by  his  said 
 letters  patent  to  be  void  and  repealed ;  and  that  all  such 
 repeal  and  annulling  so  to  be  made  in  form  aforesaid  by 
 his  highness  on  this  side  the  said  feast,  shall  be  as  good  and 
 effectual  as  though  it  had  been  done  and  had  by  authority 
 of  Parliament ;  any  thing  or  things  contained  in  this  present 
 Act  to  the  contrary  hereof  notwithstanding ;  and  if  no  such 
 repeal  be  had  or  made  by  the  king's  majesty  on  this  side 
 the  said  feast,  in  form  as  is  afore  rehearsed,  that  then  the 
 said  Act,   or  as  much  and  such  thereof  as   shall  not  be 
 repealed  on  this  side  the  said  feast,  shall  immediately  after 
 
232  DOCUMENTS  ILLUSTRATIVE  OF  THE     [liii 
 
 1534.  the  said  feast  stand  firm,  good,  and  effectual,  and  from 
 thenceforth  be  put  in  due  execution  according  to  the  tenor 
 thereof;  anything  in  this  Act  or  in  any  the  provisions  afore- 
 said to  the  contrary  hereof  notwithstanding. 
 
 LIV. 
 
 THE   FIRST   ACT   OF   SUCCESSION,  a.d.   1534. 
 25  Henry  VIII,  cap.  22. 
 
 1534.  This  Act  was  the  last  of  the  series  (Nos.  LI-LIV)  of  ecclesiastical 
 
 ■enactments  passed  in  the  spring  of  1534.  No  form  of  the  oath  herein 
 mentioned  was  prescribed  ;  but  letters  patent  were  issued  containing 
 a  form  and  appointing  a  commission. 
 
 [Transcr.  Statutes  of  the  Realm,  iii.  471.] 
 
 Prayer  of       In  their  most  humble  wise  shown   unto  your   majesty 
 Parha-        your  most  humble  and  obedient  subjects,  the  lords  spiritual 
 
 ment  to  ^  ■,      ^         r^  •         ^    •  -r.      T 
 
 provide  for  and  temporal  and  the  Commons  m  this  present  Parliament 
 
 succession  assembled,  that  since  it  is  the  natural  inclination  of  every 
 
 crown.        nian,  gladly  and  willingly  to  provide  for  the  surety  of  both 
 
 his  title  and  succession,  although  it  touch  only  his  private 
 
 cause ;  we  therefore,  most  rightful  and  dreadful  sovereign 
 
 lord,  reckon  ourselves  much  more  bound  to  beseech  and 
 
 instant   your   highness   (although   we   doubt   not   of  your 
 
 princely  heart  and  wisdom,  mixed  with  a  natural  affection 
 
 to  the  same)  to  foresee  and  provide  for  the  perfect  surety 
 
 of  both  you,  and  of  your  most  lawful  succession  and  heirs, 
 
 upon  which  dependeth  all  our  joy  and  wealth,   in  whom 
 
 .  also  is  united  and  knit  the  only  mere  true  inheritance  and 
 
 title  of  this  realm,  without  any  contradiction  ; 
 
 The  am-         Wherefore  we  your  said  most  humble  and  obedient  sub- 
 
 biguity  of  jg(,(-g^  -^^  l-}^is  present  Parliament  assembled,  calling  to  our 
 
 titles  to      remembrance  the  great  divisions  which  in  times  past  have 
 
Liv]      HISTORY  OF   THE   ENGLISH   CHURCH  233 
 
 been  in  this  realm,  by  reason  of  several  titles  pretended  to      1534. 
 the  imperial  crown  of  the  same,  which  sometimes,  and  for  the  crown, 
 the  most  part  ensued,  by  occasion  of  ambiguity  and  doubts^  not  estab- 
 then  not  so  perfectly  declared,  but  that  men  might,  upon  lishing  the 
 
 SUCCGSSlOll 
 
 froward  intents,  expound  them  to  every  man's  sinister  ^^  ^^  ^ 
 appetite  and  affection,  after  their  sense,  contrary  to  the  cause  of 
 right  legality  of  the  succession  and  posterity  of  the  lawful 
 kings  and  emperors  of  this  realm ;  whereof  hath  ensued 
 great  effusion  and  destruction  of  man's  blood,  as  well  of  a 
 great  number  of  the  nobles,  as  of  other  the  subjects,  and 
 especially  inheritors  in  the  same ;  and  the  greatest  occasion 
 thereof  hath  been  because  no  perfect  and  substantial  pro- 
 vision by  law  hath  been  made  within  this  realm  of  itself, 
 when  doubts  and  questions  have  been  moved  and  proponed, 
 of  the  certainty  and  legality  of  the  succession  and  posterity 
 of  the  crown ;  by  reason  whereof  the  Bishop  of  Rome,  and 
 see  apostolic,  contrary  to  the  great  and  inviolable  grants  of 
 jurisdictions  given  by  God  immediately  to  emperors,  kings 
 and  princes,  in  succession  to  their  heirs,  has  presumed,  in 
 times  past,  to  invest  who  should  please  them,  to  inherit  in 
 other  men's  kingdoms  and  dominions,  which  thing  we, 
 your  most  humble  subjects,  both  spiritual  and  temporal, 
 do  most  abhor  and  detest ;  and  sometimes  other  foreign 
 princes  and  potentates  of  sundry  degrees,  minding  rather 
 dissension  and  discord  to  continue  in  the  realm,  to  the 
 utter  desolation  thereof,  than  charity,  equity,  or  unity,  have 
 many  times  supported  wrong  titles,  whereby  they  might  the 
 more  easily  and  facilely  aspire  to  the  superiority  of  the  same  ; 
 the  continuance  and  sufferance  whereof  deeply  considered 
 and  pondered,  were  too  dangerous  and  perilous  to  be  suf- 
 fered any  longer  within  this  realm,  and  too  much  contrary 
 to  the  unity,  peace,  and  tranquillity  of  the  same,  being  greatly 
 reproachable  and  dishonourable  to  the  whole  realm  :  Conse- 
 
 In  consideration  whereof,  your  said  most  humble  and  proposed 
 obedient  subjects,  the  nobles  and  Commons  of  this  realm,  that 
 
234  DOCUMENTS  ILLUSTRATIVE   OF  THE      [liv 
 
 1534.      calling  further  to  their  remembrance  that  the  good  unity, 
 
 peace  and  wealth  of  this  realm,  and  the  succession  of  the 
 
 subjects  of  the  same,  most  especially  and  principally  above 
 
 all  worldly  things  consists  and  rests   in  the  certainty  and 
 
 surety  of  the  procreation  and  posterity  of  your  highness,  in 
 
 whose  most  royal  person,  at  this  present  time,  is  no  manner 
 
 of  doubt  nor  question ;  do  therefore  most  humbly  beseech 
 
 your  highness,  that  it  may  please  your  majesty,  that  it  may 
 
 be  enacted  by  your  highness,  with  the  assent  of  the  lords 
 
 spiritual  and  temporal,  and  the  Commons,  in  this  present 
 
 the  mar-     Parliament  assembled,  and  by  the  authority  of  the  same, 
 
 V^^^  that    the    marriasre   heretofore    solemnized   between    your 
 
 between  ® 
 
 the  king      highness  and  the  Lady  Katherine,  being  before  lawful  wife 
 
 rine^f'^^^"  ^^  Prince  Arthur,  your  elder  brother,  which  by  him  was 
 
 Aragon       carnally  known,  as  does  duly  appear  by  sufficient  proof  in 
 
 ^d  th  '      ^  lawful  process  had  and  made   before  Thomas,   by  the 
 
 separation  sufferance   of   God,    now   archbishop   of  Canterbury   and 
 
 good.  metropolitan  and  primate  of  all  this  realm,   shall  be,   by 
 
 authority  of  this  present  Parliament,  definitively,  clearly,  and 
 
 absolutely  declared,  deemed,   and  adjudged  to  be  against 
 
 the  laws  of  Almighty  God,  and  also  accepted,  reputed,  and 
 
 taken  of  no  value  nor  effect,  but  utterly  void  and  annulled, 
 
 and  the  separation  thereof,  made  by  the  said  archbishop, 
 
 shall  be  good  and  effectual  to  all  intents  and  purposes ; 
 
 any  licence,  dispensation,  or  any  other  act  or  acts  going 
 
 afore,  or  ensuing  the  same,  or  to  the  contrary  thereof,  in  any 
 
 She  shall    ^ise  notwithstanding ;  and  that  every  such  licence,  dispen- 
 
 be  called     sation,  act  or  acts,  thing  or  things  heretofore  had,   made, 
 
 to  Prince    done,  or  to  be  done  to  the  contrary  thereof,  shall  be  void  and 
 
 Arthur,       q{  none  effect ;  and  that  the  said  Lady  Katherine  shall  be 
 
 queen.         from  henceforth  called  and  reputed  only  dowager  to  Prince 
 
 Arthur,  and  not  queen  of  this  realm  ;  and  that  the  lawful 
 
 matrimony  had  and  solemnized  between  your  highness  and 
 
 your  most  dear  and  entirely  beloved  wife  Queen  Anne,  shall 
 
 be  established,  and  taken  for  undoubtful,  true,  sincere,  and 
 
Liv]      HISTORY  OF  THE  ENGLISH  CHURCH  235 
 
 perfect  ever  hereafter,  according  to  the  just  judgment  of  the      1534. 
 said  Thomas,  archbishop  of  Canterbury,  metropoHtan  and 
 primate  of  all  this  realm,  whose  grounds  of  judgment  have 
 been  confirmed,  as  well  by  the  whole  clergy  of  this  realm 
 in    both   the  Convocations,   and  by  both  the   universities 
 thereof,  as  by  the   universities   of  Bologna,  Padua,   Paris, 
 Orleans,  Toulouse,  Anjou,  and  divers  others,  and  also  by 
 the  private   writings    of  many  right  excellent   well-learned 
 men ;  which  grounds  so  confirmed,   and  judgment  of  the  The  mar- 
 said  archbishop  ensuing  the  same,  together  with  your  mar-  ^'^^^  ^^*^^^ 
 riage    solemnized   between   your    highness    and   your   said  Boleyn 
 lawful  wife  Queen  Anne,  we  your  said  subjects,  both  spiritual  ^^^^^  ^^ 
 and   temporal,   do    purely,   plainly,    constantly,  and  firmly  good  and 
 accept,  approve,  and  ratify  for  good  and  consonant  to  the  consonant 
 laws    of  Almighty    God,    without    error   or   default,    most  law. 
 humbly  beseeching  your  majesty,  that  it  may  be  so  estab- 
 lished for  ever  by  your  most  gracious  and  royal  assent. 
 
 And  furthermore,  since  many  inconveniences  have  fallen.  Recital  of 
 as  well  within  this  realm  as  in  others,  by  reason  of  marry-  [JJaThlve 
 ing  within  degrees  of  marriage  prohibited  by  God's  laws,  arisen  by 
 that  is  to  say,  the  son  to  marry  the   mother,  or  the  step-  ^ft^n^the 
 mother,  the  brother  the  sister,  the  father  his  son's  daughter,  prohibited 
 or  his  daughter's  daughter,  or  the  son  to  marry  the  daughter    ^^ree^. 
 of  his  father  procreate  and  born  by  his  stepmother,  or  the 
 son  to  marry  his  aunt,  bemg  his  father's  or  mother's  sister, 
 or  to  marry  his  uncle's  wife,  or  the  father  to  marry  his  son's 
 wife,  or  the  brother  to  marry  his  brother's  wife,  or  any  man 
 to  marry  his  wife's  daughter,  or  his  wife's  son's  daughter,  or 
 his  wife's  daughter's  daughter,  or  his  wife's  sister;   which 
 marriages,  although  they  be  plainly  prohibited  and  detested 
 by  the  laws  of  God,  yet  nevertheless  at  some  times  they  have 
 proceeded  under  colours  of  dispensations  by  man's  power, 
 which  is  but  usurped,  and  of  right  ought  not  to  be  granted, 
 admitted,  nor  allowed ;  for  no  man,  of  what  estate,  degree,  Man  has 
 or  condition   soever   he   be,   has  power  to  dispense  with  no  power 
 
236  DOCUMENTS  ILLUSTRATIVE   OF  THE     [liv 
 
 1534.      God's  laws,  as  all  the  clergy  of  this  realm  in  the  said  Con- 
 to  dis-   ^    vocations,  and  the  most  part  of  all  the  famous  universities 
 God  s  lavv.  of  Christendom,  and  we  also,  do  affirm  and  think. 
 Marriages       Be  it  therefore  enacted  by  authority  aforesaid,  that  no 
 forbidden    pg^-gQi^  qj-  persons,  subjects  or  residents  of  this  realm,  or 
 
 within  the    ^  '  r      ^  t       • 
 
 prohibited  in  any  your  dominions,  of  what  estate,  degree,  or  dignity 
 degrees,      soever  they  be,  shall  from  henceforth  marry  within  the  said 
 
 degrees  afore  rehearsed,  what  pretence  soever  shall  be  made 
 
 to  the  contrary  thereof. 
 The  annul-      And  in  case  any  person  or  persons,  of  what  estate^  dignity, 
 hngofsuch  deo;ree,  or  condition  soever  they  be,  has  been  heretofore 
 
 marriages  °  .  ,  .  ,        .    , 
 
 by  the         married  withm  this  realm,  or  in  any  the  king  s  dominions, 
 Church  of  ^jthin  any  the  degrees  above  expressed,   and  by  any  the 
 
 England  ■,        ,  ••  r     i         r~^^  ir-r-iJ 
 
 held  good,  archbishops,  bishops,  or  ministers  of  the  Church  of  England, 
 and  chil-     j^g  separated  from  the  bonds  of  such   unlawful  marriage, 
 
 dren  born  .  ^     ■,■,    ^  -i     ^       r  ^     r 
 
 of  such        that  every  such  separation  shall  be  good,  lawful,  firm,  and 
 marriages    permanent  for  ever,  and  not  by  any  power,  authority,  or 
 
 are  illc^iti- 
 
 mate.  ^      means  to  be  revoked  or  undone  hereafter,  and  that  the 
 
 children  proceeding  and  procreated   under  such   unlawful 
 
 marriage,  shall  not  be  lawful  nor  legitimate ;  any  foreign 
 
 laws,  hcences,  dispensations,  or  other  thing  or  things  to 
 
 the  contrary  thereof  notwithstanding. 
 
 Persons  And  in  case  there  be  any  person  or  persons  within  this 
 
 heretofore  realm,   or  in  any  the   king's    dominions,   already  married 
 
 within  the  within  any  the  said  degrees  above  specified,  and  not  yet 
 
 degrees       separated  from  the  bonds  of  such  unlawful  marriage,  that 
 
 shall  be       then    every   such   person   so    unlawfully  married   shall    be 
 
 separated    separate  by  the  definitive  sentence  and  judgments  of  the 
 
 ordinary's  ai'chbishops,  bishops,  and  other  ministers  of  the  Church  of 
 
 sentence.     England,  and  in  other  your  dominions,  within  the  limits  of 
 
 their  jurisdictions  and  authorities,  and  by  none  other  power 
 
 or  authority ;  and  that  all  sentences  and  judgments  given 
 
 and  to  be  given  by  any  archbishop,  bishop,  or  other  minister 
 
 of  the  Church  of  England,  or  in  other  the  king's  dominions, 
 
 within  the  limits  of  their  jurisdictions  and  authorities,  shall 
 
Liv]      HISTORY  OF  THE  ENGLISH  CHURCH  237 
 
 be  definitive,  firm,  good,  and  effectual,  to  all  intents,  and      1534. 
 be  observed  and  obeyed,  without  suing  any  provocations^ 
 appeals,  prohibitions,  or  other  process  from  the  Court  of  Appeal  to 
 Rome,  to  the  derogation  thereof,  or  contrary  to  the  Act  bidden, 
 made  since  the  beginning  of  this  present  Parliament,  for 
 restraint  of  such   provocations,  appeals,  prohibitions,   and 
 other  processes. 
 
 And  also  be  it  enacted  by  authority  aforesaid,  that  all  All  the 
 the  issue  had  and  procreated,  or  hereafter  to  be  had  and  kfn^^and^^ 
 procreated,  between  your  highness  and  your  said  most  dear  Anne 
 and  entirely  beloved  wife  Queen  Anne,  shall  be  your  lawful  (^ecfared 
 children,  and  be  inheritable,  and  inherit,  according  to  the  legitimate, 
 course  of  inheritance  and  laws  of  this  realm,  the  imperial 
 crown  of  the  same,  with  all  dignities,  honours,  pre-eminences, 
 prerogatives,    authorities,    and   jurisdictions    to    the   same 
 annexed  or  belonging,  in  as  large  and  ample  manner  as 
 your  highness  at  this  present  time  has  the  same  as  king 
 of  this  realm ;  the  inheritance  thereof  to  be  and  remain  to 
 your  said  children  and  right  heirs  in  manner  and  form  as 
 hereafter  shall  be  declared, 'that  is  to  say  : 
 
 First  the  said  imperial  crown,  and  other  the  premises,  Entail  of 
 shall  be  to  your  majesty,  and  to  your  heirs  of  your  body  of  En^^- 
 lawfully  begotten,  that  is  to  say :    to  the  first  son  of  your  land,  &c. 
 body,  between  your  highness   and  your   said   lawful  wife. 
 Queen  Anne,  begotten,  and  to  the  heirs  of  the  body  of  the 
 same  first  son  lawfully  begotten,  and  for  default  of  such 
 heirs,  then  to  the  second  son  of  your  body  and  of  the  body 
 of  the  said  Queen  Anne  begotten,  and  to  the  heirs  of  the 
 body  of  the  said  second  son  lawfully  begotten,  and  so  to 
 every  son  of  your  body  and  of  the  body  of  the  said  Queen 
 Anne  begotten,  and  to  the  heirs  of  the  body  of  every  such 
 son  begotten,  according  to  the  course  of  inheritance  in  that 
 behalf;  and  if  it  shall  happen  your  said  dear  and  entirely 
 beloved  wife  Queen  Anne  to  decease  without  issue  male 
 of  the  body  of  your  highness  to  be  begotten  (which  God 
 
238  DOCUMENTS   ILLUSTRATIVE   OF   THE      [liv 
 
 1534.      defend),  then  the  same  imperial  crown,  and  all  other  the 
 
 premises,  to  be  to  your  majesty,  as  is  aforesaid,  and  to  the 
 
 son  and  heir  male  of  your  body  lawfully  begotten,  and  to 
 
 the  heirs  of  the  body  of  the  same  son  and  heir  male  lawfully 
 
 begotten  ;  and  for  default  of  such  issue,  then  to  your  second 
 
 son  of  your  body  lawfully  begotten,  and  to  the  heirs  of  the 
 
 body  of  the  same  second  son  lawfully  begotten,  and  so  from 
 
 son  and  heir  male  to  son  and  heir  male,  and  to  the  heirs  of 
 
 the  several  bodies  of  every  such  son  and  heir  male  to  be 
 
 begotten,   according  to   the  course  of  inheritance,  in   like 
 
 manner  and  form  as  is  above  said. 
 
 Failing  And  for  default  of  such  sons  of  your  body  begotten,  and 
 
 of  Henry    '^^  ^^^  heirs  of  the  several  bodies  of  every  such  sons  lawfully 
 
 and  Anne    begotten,  that  then  the  said  imperial  crown,  and  other  the 
 
 then  to  the  Premises,  shall  be  to  the  issue  female  between  your  majesty 
 
 Princess     and  your  said  most  dear  and  entirely  beloved  wife.  Queen 
 
 and^other    -'^1^'^^'  begotten^  that  is  to  say :  first  to  the  eldest  issue  female, 
 
 issue  which  is  the  Lady  Elizabeth,  now  princess,  and  to  the  heirs 
 
 of  her  body  lawfully  begotten,  and  for  default  of  such  issue, 
 
 then  to  the  second  issue  female,  and  to  the  heirs  of  her 
 
 body  lawfully  begotten^  and  so  from  issue  female  to  issue 
 
 female,  and  to  the  heirs  of  their  bodies  one  after  another, 
 
 by  course  of  inheritance,   according  to  their  ages,  as  the 
 
 crown  of  England  has  been  accustomed,  and  ought  to  go, 
 
 in  cases  where  there  be  heirs  females  to  the  same ;  and  for 
 
 default  of  such  issue,  then  the  said  imperial  crown,  and  all 
 
 other  the  premises,   shall    be  in   the  right  heirs   of  your 
 
 highness  for  ever. 
 
 This  Act         And  be  it  further  enacted  by  authority  aforesaid,  that  on 
 
 ^^    ^,  .      ,  this  side  the  first  day  of  May  next  coming;    proclamation 
 
 proclaimed  _  ■'     ^  ;     _  _  o'    r- 
 
 throughout  shall  be  made  in  all  shires  within  this  realm,  of  the  tenor 
 
 England.     ^^^^  contents  of  this  Act. 
 
 The  pen-         And  if  any  person  or  persons,  of  what  estate,  dignity,  or 
 
 alty  for       condition   soever  they  be,  subject  or  resident  within  this 
 
 injury  to  ... 
 
 the  king,     realm,  or  elsewhere  within  any  the  king's  dominions,  after 
 
Liv]      HISTORY  OF  THE  ENGLISH  CHURCH  239 
 
 the  said  first  day  of  May,  by  writing  or  imprinting,  or  by  1534. 
 any  exterior  act  or  deed,  maliciously  procure  or  do,  or  cause  disturbing 
 to  be  procured  or  done,  any  thing  or  things  to  the  peril  ^he  crown 
 of  your  most  royal  person,  or  mahciously  give  occasion  by  pi"  slander- 
 writing,  print,  deed,  or  act,  whereby  your  highness  might  marriage. 
 be  disturbed  or  interrupted  of  the  crown  of  this  realm,  or 
 by  writing,  print,  deed,  or  act,  procure  or  do,  or  cause  to  be 
 procured  or  done,  any  thing  or  things  to  the  prejudice, 
 slander,  disturbance,  or  derogation  of  the  said  lawful  matri- 
 mony solemnized  between  your  majesty  and  the  said  Queen 
 Anne,  or  to  the  peril,  slander,  or  disherison  of  any  the 
 issues  and  heirs  of  your  highness,  being  limited  by  this  Act 
 to  inherit  and  to  be  inheritable  to  the  crown  of  this  realm, 
 in  such  form  as  is  aforesaid,  whereby  any  such  issues  or 
 heirs  of  your  highness  might  be  destroyed,  disturbed,  or 
 interrupted  in  body  or  title  of  inheritance  to  the  crown  of 
 this  realm,  as  to  them  is  limited  in  this  Act  in  form  above 
 rehearsed ;  that  then  every  such  person  and  persons,  of 
 what  estate,  degree,  or  condition  they  be  of,  subject  or 
 resident  within  this  realm,  and  their  aiders,  counsellors, 
 maintainers,  and  abettors,  and  every  of  them,  for  every 
 such  offence  shall  be  adjudged  high  traitors,  and  every  such 
 offence  shall  be  adjudged  high  treason,  and  the  offenders 
 and  their  aiders,  counsellors,  maintainers,  and  abettors,  and 
 every  of  them,  being  lawfully  convicted  of  such  offence  by 
 presentment,  verdict,  confession,  or  process,  according  to 
 the  customs  and  laws  of  this  realm,  shall  suffer  pains  of 
 death,  as  in  cases  of  liigh  treason ;  and  that  also  every  such 
 offender^  being  convicted  as  is  aforesaid,  shall  lose  and  forfeit 
 to  your  highness,  and  to  your  heirs,  kings  of  this  realm,  all 
 such  manors,  lands,  tenements,  rents,  annuities,  and  here- 
 ditaments, which  they  had  in  possession  as  owners,  or  were 
 sole  seized  of  by  or  in  any  right,  title,  or  means,  or  any 
 other  person  or  persons  had  to  their  use,  of  any  estate  of 
 inheritance,  at  the  day  of  such  treasons  and  offences  by  them 
 
240  DOCUMENTS  ILLUSTRATIVE   OF  THE     [liv 
 
 1534      committed  and  done ;   and   shall  also  lose  and  forfeit  to 
 
 your  highness,  and  to  your  said  heirs,  as  well  all  manner 
 
 such  estates  of  freehold  and  interests  for  years  of  lands  and 
 
 rents,  as  all  their  goods,  chattels,  and  debts,  which  they  had 
 
 at  the  time  of  conviction  or  attainder  of  any  such  offence ; 
 
 The  rights  saving  always   to  every  person   and   persons,  and  bodies 
 
 th  politic,  to  their  heirs,  assigns,  and  successors,  and  every  of 
 
 except  the  them,  Other  than  such  persons  as  shall  be  so  convicted,  and 
 
 offenders,    |-j-jgjj.  heirs  and  successors,  and  all  other  claiminer  to  their 
 saved,  '  ° 
 
 uses,  all  such  right,  title,  use,  interest,  possession,  con- 
 dition, rents,  fees,  offices,  annuities,  and  commons,  which 
 they  or  any  of  them  shall  happen  to  have  in,  to,  or  upon 
 any  such  manors,  lands,  tenements,  rents,  annuities,  or 
 hereditaments,  that  shall  so  happen  to  be  lost  and  forfeited  by 
 reason  of  attainder  for  any  the  treasons  and  offences  above 
 rehearsed,  at  any  time  before  the  said  treasons  and  offences 
 committed. 
 Penalty  for  And  be  it  further  enacted  by  authority  aforesaid,  that  if 
 pubhshing  ^^^  person  or  persons,  after  the  said  first  day  of  May,  by 
 
 or  spc&iv" 
 
 ing  any-      any  words,   without  writing,  or  any  exterior  deed  or  act, 
 ^^\"^       .,  maliciously  and  obstinately  shall  pubhsh,  divulge,  or  utter 
 
 to  the  peril  ■'  j  i.  ^  o  ^ 
 
 of  the  any  thing  or  things  to  the  peril  of  your  highness,  or  to  the 
 
 king,  &c.  slander  or  prejudice  of  the  said  matrimony  solemnized 
 between  your  highness  and  the  said  Queen  Anne,  or  to  the 
 slander  or  disherison  of  the  issue  and  heirs  of  your  body 
 begotten  and  to  be  begotten  of  the  said  Queen  Anne,  or 
 any  other  your  lawful  heirs,  which  shall  be  inheritable  to 
 the  crown  of  this  realm,  as  is  before  limited  by  this  Act ; 
 that  then  every  such  offence  shall  be  taken  and  adjudged 
 for  misprision  of  treason ;  and  that  every  person  and  per- 
 sons, of  what  estate,  degree,  or  condition  soever  they  be, 
 subject  or  resident  within  this  realm,  or  in  any  the  king's 
 dominions,  so  doing  and  offending,  and  being  thereof  law- 
 fully convicted  by  presentment,  verdict,  process,  or  confes- 
 sion, shall  suffer  imprisonment  of  their  bodies  at  the  king's 
 
Liv]      HISTORY  OF  THE  ENGLISH  CHURCH  241 
 
 will,  and  shall  lose  as  well  all  their  goods,  chattels,  and  debts,      1534. 
 
 as  all  such  interests  and  estates  of  freehold  or  for  years,  which 
 
 any  such  offenders  shall  have  of  or  in  any  lands,  rents,  or 
 
 hereditaments  whatsoever,   at  the  time  of  conviction  and 
 
 attainder  of  such  offence. 
 
 And  be  it  also  enacted  by  the  authority  aforesaid,  that  no  Offenders 
 
 person  nor  persons  offendinfr  in  any  of  the  treasons  and  mis-  ^^^'J 
 ^  ^  ....  .  not  have 
 
 prisions  contained  and  limited  by  this  Act,  shall  in  any  wise  the  privi- 
 
 have  or  enjoy  the  privilege  and  immunity  of  any  manner  of  ^^^^  °^ 
 
 S3.iiCLUHrAr. 
 
 sanctuaries  within  this  realm,  or  elsewhere  within  any  of 
 the  king's  dominions,  but  shall  utterly  lose  and  be  excluded 
 of  the  same  ;  any  use,  custom,  grant,  prescription,  confirma- 
 tion, or  any  other  thing  or  things  to  the  contrary  thereof  in 
 any  wise  notwithstanding. 
 
 And  be  it  also  enacted  by  authority  aforesaid,  that  if  your  Who  shall 
 maiesty  should  happen  to  decease  before  any  such  your  issue    ^^^ 
 
 J       J  tri  ^  ^  J  J  ^  govern- 
 
 and  heir  male  which  should  inherit  the  crown  of  this  realm,  ment  of 
 
 shall  be  of  his  acje  of  eisrhteen  years,  or  before  such  your  .      "^^"^^ 
 °  °  •'  '  ■'  issue 
 
 issue  and  heir  female  which  should  inherit  the  crown  of  during 
 this  realm,  shall  be  married,  or  be  of  the  age  of  sixteen  years,  ^1^°"k^* 
 which  Almighty  God  defend,  that  then  your  said  issue  and  should  die. 
 heir  male  to  the  crown,  so  being  within  the  said  age  of 
 eighteen  years,  or  your  said  issue  and  heir  female  to  the 
 crown,  unmarried,  or  within  the  said  age  of  sixteen  years, 
 shall  be  and  remain  unto  such   time  as  such  issues  and 
 heirs  shall  come  to  their  said  several  ages  afore  limited, 
 at  and  in  the  governance  of  their  natural  mother,  she  living, 
 with  such  others,  counsellors  of  your  realm,  as  your  majesty 
 in  your  lifetime  shall  depute  and  assign  by  your  will,  or 
 otherwise,  for  the  same,  without  contradiction  of  any  person 
 or  persons  to  the  contrary  thereof. 
 
 And  if  any  person  and  persons  by  writing,  or  exterior  Penalty  for 
 deed  or  act,  procure  or  do,  or  cause  to  be  procured  or  done  ^j^^^"^  '"^ 
 any  thing  or  things  to  the  let  or  disturbance  of  the  same ;  arrange- 
 that  then  every  such  offence  shall  be  high  treason,  and  the  '"^"^• 
 
 R 
 
242  DOCUMENTS  ILLUSTRATIVE  OF  THE     [liv 
 
 1534.      offenders,  being  thereof  convicted,  shall  suffer  such  pains 
 
 of  death  and  losses  of  inheritance,  freeholds,  interests  for 
 
 years,  goods,  chattels  and  debts,  in  such  manner  and  form 
 
 as  is  above  specified  in  cases  of  treason  afore  mentioned. 
 
 All  shall         And  for  the  more  sure  establishment  of  the  succession  of 
 
 be  sworn    ^^^^  most  royal  majesty,  according  to  the  tenor  and  form 
 
 the  con-      of  this  Act,  be  it  further  enacted   by  authority  aforesaid, 
 
 tents  of      |.|^g^l-  ^g  ^gjj  ^\\  |-]^g  nobles  of  your  realm  spiritual  and  tem- 
 this  Act 
 
 poral,  as  all  other  your  subjects  now  living  and  being,  or 
 
 that  hereafter  shall  be,  at  their  full  ages,  by  the  command- 
 ment of  your  majesty  or  of  your  heirs,  at  all  times  hereafter 
 from  time  to  time,  when  it  shall  please  your  highness  or 
 your  heirs  to  appoint,  shall  make  a  corporal  oath  in  the 
 presence  of  your  highness  or  your  heirs,  or  before  such  others 
 as  your  majesty  or  your  heirs  will  depute  for  the  same,  that 
 they  shall  truly,  firmly,  and  constantly,  without  fraud  or 
 guile,  observe,  fulfil,  maintain,  defend,  and  keep,  to  their 
 cunning,  wit,  and  uttermost  of  their  powers,  the  whole  effects 
 and  contents  of  this  present  Act.  And  that  all  manner 
 your  subjects,  as  well  spiritual  as  temporal,  suing  livery, 
 restitutions,  or  ouster  le  maitt  out  of  the  hands  of  your 
 highness  or  of  your  heirs,  or  doing  any  fealty  to  your  high- 
 ness or  to  your  heirs,  by  reason  of  tenure  of  their  lands, 
 shall  swear  a  like  corporal  oath,  that  they  and  every  of 
 them,  without  fraud  or  guile,  to  their  cunning,  wit,  and 
 uttermost  of  their  powers,  shall  truly,  firmly,  and  constantly 
 observe,  fulfil,  maintain,  defend,  and  keep  the  effects  and 
 contents  contained  and  specified  in  this  Act,  or  in  any  part 
 thereof;  and  that  they,  nor  any  of  them,  shall  hereafter 
 have  any  liveries,  ouster  le  maitt,  or  restitution  out  of  your 
 hands,  nor  out  of  the  hands  of  your  heirs,  till  they  have 
 made  the  said  corporal  oath  in  form  above  rehearsed. 
 High  And   if  any  person  or   persons,  being  commanded   by 
 
 rSuse"the   ^^^hority  of  this  Act  to  take  the  said  oath  afore  limited, 
 oath.  obstinately  refuse  that  to  do,  in  contempt  of  this  Act,  that 
 
Lv]      HISTORY  OF  THE  ENGLISH  CHURCH  243 
 
 then  every  such  person  so  doing,  to  be  taken  and  accepted  1534. 
 for  offender  in  misprision  of  high  treason  ;  and  that  every 
 such  refusal  shall  be  deemed  and  adjudged  misprision  of 
 high  treason ;  and  the  offender  therein  to  suffer  such  pains 
 and  imprisonment,  losses  and  forfeitures,  and  also  lose 
 privileges  of  sanctuaries,  in  like  manner  and  form  as  is 
 above  mentioned  for  the  misprisions  of  treasons  afore  Hmited 
 by  this  Act. 
 
 Provided  always,  that  the  article  in  this  Act  contained  Marriages 
 concerning   prohibitions  of  marriages  within   the   degrees  ^°"^"'"^- 
 afore  mentioned  in  this  Act,  shall  always  be  taken,  inter- 
 preted, and  expounded  of  such  marriages,  where  marriages 
 were  solemnized  and  carnal  knowledge  was  had. 
 
 LV. 
 
 THE    SUPREMACY   ACT,  a.  d.  1534. 
 
 26  Henry  VHI,  cap.  1. 
 
 This  Act  was  passed  in   November,   1534  ;    it  was  repealed   by       1534. 
 Mary's  second  Act  of  repeal  {post.  No.  LXXVI),  which  repeal  was 
 confirmed  by  i  Elizabeth,  cap.  i  {post,  No.  LXXIX).      It  should  be 
 noted  that  the  saving  clause  in  the  Submission  of  the  Clergy  of  a.d. 
 1532  {^ante.  No.  XLVIII)  is  dropped  in  this  Act. 
 
 [Transcr.  Statutes  of  the  Realm,  iii.  492.] 
 
 Albeit  the  king's  majesty  justly  and  rightfully  is  and  ought  The  king  is 
 to  be  the  supreme  head  of  the  Church  of  England,  and  so  ^S^^f^ 
 is  recognized  by  the  clergy  of  this  realm  in  their  Convoca-  the  Church 
 tions,  yet  nevertheless  for  corroboration  and  confirmation  ^^^^  ^^ 
 thereof,   and   for   increase    of    virtue   in    Christ's   religion  recognized 
 within  this  realm  of  England,  and  to  repress  and  extirp  all  nation, 
 errors,  heresies,  and  other  enormities  and  abuses  heretofore 
 used  in  the  same  ;  be  it  enacted  by  authority  of  this  pre- 
 sent Parliament,  that  the  king  our  sovereign  lord,  his  heirs 
 
 R  2 
 
244  DOCUMENTS  ILLUSTRATIVE   OF   THE      [lv 
 
 1534.      and  successors,  kings  of  this  realm,  shall  be  taken,  accepted, 
 
 That  title    and  reputed  the  only  supreme  head  in  earth  of  the  Church 
 
 to  him  and  ^^  England,  called  Anglicana  Ecdesia  ;'  and  shall  have  and 
 
 his  sue-       enjoy,  annexed  and  united  to  the  imperial  crown  of  this 
 
 realm,  as  well  the  title  and  style  thereof,  as  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  appertain- 
 
 Power  to    ing  ;  and  that  our  said  sovereign  lord,  his  heirs  and  succes- 
 
 the  king  to  ^^^.^^  kings  of  this  realm,  shall  have  full  power  and  authority 
 
 siastically,  from  time  to  time  to  visit,  repress,  redress,  reform,  order, 
 
 and  to  re-  correct,  restrain,  and  amend  all  such  errors,  heresies,  abuses, 
 dress  ^  '  ^  >  > 
 
 ecclesiasti-  offences,  contempts,  and  enormities,  whatsoever  they  be, 
 cal  abuses.  Y^hichby  any  manner  spiritual  authority  or  jurisdiction  ought 
 or  may  lawfully  be  reformed,  repressed,  ordered,  redressed, 
 corrected,  restrained,  or  amended,  most  to  the  pleasure  of 
 Almighty  God,  the  increase  of  virtue  in  Christ's  religion, 
 and  for  the  conservation  of  the  peace,  unity,  and  tranquillity 
 of  this  realm  ;  &ny  usage,  custom,  foreign  law,  foreign  autho- 
 rity, prescription,  or  any  other  thing  or  things  to  the  contrary 
 hereof  notwithstanding,  i 
 
 LVI. 
 
 THE  SECOND  ACT  OF  SUCCESSION,  a.d.  1534. 
 26  Henry  VIH,  cap.  2. 
 
 1534.  This  interpretation  of  the  previous  Act  of  Succession  {ante^   No. 
 
 LIV)  was  passed  in   the  following  autumn,  viz.  in  November,  1534. 
 It  was  repealed  by  28  Heniy  VIII.  cap.  7. 
 
 [Transcr.  Statutes  of  the  Realm,  iii.  492.] 
 Recital  of       Where  at  the  last  session  of  this  present  Parliament,  in 
 
 the  former 
 
 Act  of        the  Act  then  made  for  the  establishment  of  the  succession 
 
 Succes-       Qf  ^j^g  heirs  of  the  kinsr's  hip;hness  in  the  imperial  crown 
 sion.  00 
 
Lvi]     HISTORY  OF  THE    ENGLISH  CHURCH  245 
 
 of  this  realm,  it  is  contained,  amongst  other  things,  that  1534. 
 all  and  singular  the  king's  subjects,  as  well  the  nobles 
 spiritual  and  temporal  as  other,  should  make  and  take 
 a  corporal  oath,  whensoever  it  should  please  the  king's 
 majesty,  or  his  heirs,  to  appoint,  that  they  should  truly, 
 firmly,  and  constantly,  without  fraud  or  guile,  observe,  fulfil, 
 maintain,  defend,  and  keep,  to  their  cunning,  wit,  and  utter- 
 most of  their  powers,  the  whole  effects  and  contents  of  the 
 said  Act,  as  in  the  same  Act,  among  other  things,  more 
 plainly  appeareth. 
 
 And  at  the  day  of  the  last  prorogation  of  this  present  Oath  taken 
 Parliament,  as  well  the  nobles  spiritual  and  temporal  as  other  ^^  Parlia- 
 the  Commons  of  this  present  Parliament  then  assembled  in 
 the  high  house  of  Parliament,  most  lovingly  accepted  and 
 took  such  oath  as  then  was  devised  in  writing  for  main- 
 tenance and  defence  of  the  said  Act,  and  meant  and  in- 
 tended at  that  time  that  every  other  the  king's  subjects 
 should  be  bound  to  accept  and  take  the  same,  upon  the 
 pains  contained  in  the  said  Act,  the  tenor  of  which  oath 
 hereafter  ensueth : 
 
 '  Ye  shall  swear  to  bear  faith,  truth,  and  obedience  alonely  Form  of 
 to  the  king's  majesty,  and  to  his  heirs  of  his  body  of  his  ^^^^ 
 most  dear  and  entirely  beloved  lawful  wife  Queen  Anne, 
 begotten  and  to  be  begotten,  and  further  to  the  heirs  of 
 our  said  sovereign  lord  according  to  the  limitation  in  the 
 statute  made  for  surety  of  his  succession  in  the  crown  of 
 this  realm,  mentioned  and  contained,  and  not  to  any  other 
 within  this  realm,  nor  foreign  authority  or  potentate :  and 
 in  case  any  oath  be  made,  or  has  been  made,  by  you,  to  any 
 person  or  persons,  that  then  ye  [are]  to  repute  the  same  as 
 vain  and  annihilate;  and  that,  to  your  cunning,  wit,  and 
 uttermost  of  your  power,  without  guile,  fraud,  or  other  undue 
 means,  you  shall  observe,  keep^  maintain,  and  defend  the  said 
 Act  of  Succession,  and  all  the  whole  effects  and  contents 
 thereof,  and  all  other  Acts  and  statutes  made  in  confirmation, 
 
246 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE     [lvi 
 
 1534. 
 
 Intended 
 that  the 
 oath 
 
 should  be 
 taken  by 
 all. 
 
 Enacted 
 accord- 
 ingly. 
 
 Commis- 
 sioners 
 to  receive 
 oath  and 
 certify  to 
 King's 
 Bench  all 
 refusals. 
 
 or  for  execution  of  the  same,  or  of  anything  therein  contained; 
 and  this  ye  shall  do  against  all  manner  of  persons,  of  what 
 estate,  dignity,  degree,  or  condition  soever  they  be,  and  in 
 no  wise  do  or  attempt,  nor  to  your  power  suffer  to  be  done 
 or  attempted,  directly  or  indirectly,  any  thing  or  things 
 privily  or  apartly  to  the  let,  hindrance,  damage,  or  dero- 
 gation thereof,  or  of  any  part  of  the  same,  by  any  manner  of 
 means,  or  for  any  maimer  of  pretence ;  so  help  you  God, 
 all  saints,  and  the  holy  Evangelists.' 
 
 And  forasmuch  as  it  is  convenient  for  the  sure  main- 
 tenance and  defence  of  the  same  Act  that  the  said  oath 
 should  not  only  be  authorized  by  authority  of  Parliament, 
 but  also  be  interpreted  and  expounded  by  the  whole  assent 
 of  this  present  Parliament,  that  it  was  meant  and  intended 
 by  the  king's  majesty,  the  Lords  and  Commons  of  the 
 Parliament,  at  the  said  day  of  the  said  last  prorogation,  that 
 every  subject  should  be  bounden  to  take  the  same  oath, 
 according  to  the  tenor  and  effect  thereof,  upon  the  pains 
 and  penalties  contained  in  the  said  Act : 
 
 Therefore  be  it  enacted  by  authority  of  this  present 
 Parliament  that  the  said  oath  above  rehearsed  shall  be 
 interpreted,  expounded,  reputed,  accepted,  and  adjudged 
 the  very  oath  that  the  king's  highness,  the  Lords  spiritual  and 
 temporal,  and  the  Commons  of  this  present  Parliament 
 meant  and  intended  that  every  subject  of  this  realm  should 
 be  obliged  and  bounden  to  take  and  accept,  for  main- 
 tenance and  defence  of  the  same  Act,  upon  the  pains  con- 
 tained in  the  said  Act,  and  that  every  of  the  king's  subjects, 
 upon  the  said  pains,  shall  be  obliged  to  accept  and  take  the 
 said  oath. 
 
 And  be  it  further  enacted  by  authority  aforesaid  that  the 
 commissioners  that  hereafter  shall  be  appointed  to  receive 
 such  oath  of  the  king's  subjects,  or  two  of  them  at  the  least, 
 shall  have  power  and  authority  to  certify  into  the  king's 
 Bench,  by  writing  under  their  seals,  every  refusal  that  here- 
 
LVii]      HISTORY  OF   THE  ENGLISH  CHURCH  247 
 
 after  shall  be  made  afore  them  of  the  same  oath  by  any      1534. 
 person  or  persons  coming  before  them  to  take  the  same 
 oath ;  and  that  every  such  certificate  to  be  made  by  such  A  certifi- 
 commissioners,  as  is  aforesaid,  shall  be  taken  as  strong  and  refusal 
 as  available  in  the  law  as  an  indictment  of  twelve  men  to  have 
 lawfully  found  of  the  said  refusal ;   so  that  the  person  and  ^^^^dict- 
 persons,  against  whom  any  such  certificate  shall  be  made,  ment  by  a 
 shall  be  compelled  to  answer  thereunto  as  if  they  were-""^^* 
 indicted ;  and  that  such  process,  judgment,  execution,  and 
 every  other  thing  shall  be  had,   used,  and  ministered,  of 
 and  upon  every  such  certificate  against  the  offenders,  as  if 
 they  had  been  lawfully  indicted  of  such   offences  by  the 
 due  course  and  order  of  the  common  laws  of  this  realm. 
 
 LVII. 
 
 THE  TREASONS  ACT,  a.d.  1534. 
 26  Henry  VIH,  cap.  13. 
 
 This  Act  was  passed  in  the  November  session  of  1534  ;  it  remained       1534. 
 upon  the  Statute  Book  till  1863  (Stat.  Law  Rev.  Act,  1863). 
 
 [Transcr.  Statutes  of  the  Realm,  iii.  508.] 
 
 Forasmuch  as  it  is  most  necessary,   both  for  common  Necessity 
 policy  and  duty  of  subjects,  above  all  things  to  prohibit,  pj^^fg^^ji^n 
 provide,  restrain,  and  extinct  all  manner  of  shameful  slanders,  of  the  king 
 perils,  or  imminent  danger  or  dangers,  which  might  grow,  ^"^^^^ 
 happen,  or  rise  to  their  sovereign  lord  the  king,  the  queen, 
 or  their  heirs,  which  when  they  be  heard,  seen,  or  under- 
 stood, cannot  be  but  odible,  and  also  abhorred  of  all  those 
 sorts  that  be  true  and  loving  subjects,  if  in  any  point  they 
 may  do,  or  shall  touch  the  king,  his  queen,  their  heirs  or 
 successors,   upon   which   dependeth   the  whole  unity  and 
 
248  DOCUMENTS   ILLUSTRATIVE   OF   THE      [lvii 
 
 1534.  universal  weal  of  this  realm,  without  providing  wherefore 
 too  great  a  scope  of  unreasonable  liberty  should  be  given 
 to  all  cankered  and  traitorous  hearts,  willers  and  workers  of 
 the  same ;  and  also  the  king's  loving  subjects  should  not 
 declare  unto  their  sovereign  lord  now  being,  which  unto 
 them  has  been,  and  is  most  entirely  both  beloved  and 
 esteemed,  their  undoubted  sincerity  and  truth. 
 Definition  Be  it  therefore  enacted  by  the  assent  and  consent  of  our 
 of  high  sovereign  lord  the  king,  and  the  Lords  spiritual  and  temporal, 
 and  Commons  in  this  present  Parliament  assembled, 
 and  by  the  authority  of  the  same,  that  if  any  person  or 
 persons,  after  the  first  day  of  February  next  coming,  do 
 maliciously  wish,  will,  or  desire,  by  words  or  writing,  or  by 
 craft  imagme,  invent,  practise,  or  attempt  any  bodily  harm 
 to  be  done  or  committed  to  the  king's  most  royal  person, 
 the  queen's,  or  their  heirs  apparent,  or  to  deprive  them  or 
 any  of  them  of  their  dignity,  title,  or  name  of  their  royal 
 estates,  or  slanderously  and  maliciously  publish  and  pro- 
 nounce, by  express  writing  or  words,  that  the  king  our 
 sovereign  lord  should  be  heretic,  schismatic,  tyrant,  infidel 
 or  usurper  of  the  crown,  or  rebelliously  do  detain,  keep,  or 
 withhold  from  our  said  sovereign  lord,  his  heirs  or  succes- 
 sors, any  of  his  or  their  castles,  fortresses,  fortalices,  or 
 holds  within  this  realm,  or  in  any  other  the  king's  dominions 
 or  marches,  or  rebelKously  detain,  keep,  or  withhold  from 
 the  king's  said  highness,  his  heirs  or  successors,  any  of  his 
 or  their  ships,  ordnances,  artillery,  or  other  munitions  or 
 fortifications  of  war,  and  do  not  humbly  render  and  give  up 
 to  our  said  sovereign  lord,  his  heirs  or  successors,  or  to  such 
 persons  as  shall  be  deputed  by  them,  such  castles,  fortresses, 
 fortalices,  holds,  ships,  ordnances,  artillery,  and  other 
 munitions  and  fortifications  of  war,  rebelliously  kept  or 
 detained,  within  six  days  next  after  they  shall  be  com- 
 manded by  our  said  sovereign  lord,  his  heirs  or  successors, 
 by  open  proclamation  under  the  great  seal : 
 
LVii]      HISTORY  OF  THE  ENGLISH  CHURCH  249 
 
 That  then  every  such  person  and  persons  so  offending  in  1534. 
 any  the  premises,  after  the  said  first  day  of  February,  their  Penalty, 
 aiders,  counsellors,  consenters,  and  abettors,  being  thereof 
 lawfully  convicted  according  to  the  laws  and  customs  of  this 
 realm,  shall  be  adjudged  traitors,  and  that  every  such 
 offence  in  any  the  premises,  that  shall  be  committed  or 
 done  after  the  said  first  day  of  February,  shall  be  reputed, 
 accepted,  and  adjudged  high  treason,  and  the  offenders 
 therein  and  their  aiders,  consenters^  counsellors,  and  abet- 
 tors, being  lawfully  convicted  of  any  such  offence  as  is  afore- 
 said, shall  have  and  suffer  such  pains  of  death  and  other 
 penalties,  as  is  limited  and  accustomed  in  cases  of  high 
 treason. 
 
 And  to  the  intent  that  all  treasons  should  be  the  more  No  traitor 
 dread,  hated  and  detested  to  be  done  by  any  person   or  \^  ^^^^   . 
 
 ^  .      .  1        /  benefit  o\ 
 
 persons,  and  also  because  it  is  a  great  boldness  and  an  sanctuary, 
 occasion  to  ill-disposed  persons,  to  adventure  and  embrace 
 their  malicious  intents  and  enterprises,  which  all  true 
 subjects  ought  to  study  to  eschew :  be  it  therefore  enacted 
 by  the  authority  aforesaid,  that  none  offender  in  any 
 kinds  of  high  treasons  whatsoever  they  be,  their  aiders, 
 consenters,  counsellers,  nor  abettors,  shall  be  admitted  to 
 have  the  benefit  or  privilege  of  any  manner  of  sanctuary, 
 considering  that  matters  of  treasons  touch  so  nigh  both  the 
 surety  of  the  king  our  sovereign  lord's  person,  and  his  heirs 
 and  successors. 
 
 And  over  that,  be  it  enacted  by  authority  aforesaid,  that  Provision 
 if  any  of  the  king's  subjects,  denizens  or  other,  do  commit  i°^^"q"^'"> 
 or  practise  out  of  the  limits  of  this  realm,  in  any  outward  treason 
 parts,  any  such  oftences,  which  by  this  Act  are  made,  or  committed 
 heretofore  have  been  made  treason,  that  then  such  treasons,  dents 
 whatsoever  they  be,  or  wheresoever  they  shall  happen  so  to  ^^'"o^^- 
 be  done  or  committed,  shall  be  inquired  and  presented  by 
 the  oaths  of  twelve  good  and  lawful  men,  upon  good  and 
 probable  evidence  and  witness,  in  such  shire  and  county  of 
 
250 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [lvii 
 
 1534. 
 
 The  out- 
 lawry of 
 such  per- 
 sons on 
 conviction, 
 
 What  a 
 
 person 
 
 convicted 
 
 of  treason 
 
 shall 
 
 forfeit. 
 
 Saving  of 
 the  rights 
 of  others. 
 
 this  realm,  and  before  such  persons  as  it  shall  please  the 
 king's  highness  to  appoint  by  commission  under  his  great 
 seal,  in  like  manner  and  form  as  treasons  committed  within 
 this  realm  have  been  used  to  be  inquired  of  and  presented ; 
 and  that  upon  every  indictment  and  presentment  found 
 and  made  of  any  such  treasons,  and  certified  into  the  King's 
 Bench,  like  process  and  other  circumstance  shall  be  there 
 had  and  made  against  the  offenders,  as  if  the  same  treasons, 
 so  presented,  had  been  lawfully  found  to  be  done  and 
 committed  within  the  limits  of  this  realm.  And  that  all 
 process  of  outlawry  hereafter  to  be  made  and  had  within 
 this  realm  against  any  offenders  in  treason,  being  resident 
 or  inhabited  out  of  the  limits  of  this  realm,  or  in  any  of  the 
 parts  of  beyond  the  sea,  at  the  time  of  the  outlawry  pro- 
 nounced against  them,  shall  be  as  good  and  as  effectual  in 
 the  law  to  all  intents  and  purposes,  as  if  such  offenders  had 
 been  resident  and  dwelling  within  this  realm  at  the  time  of 
 such  process  awarded,  and  outlawry  pronounced. 
 
 And  be  it  further  enacted  by  authority  aforesaid,  that  every 
 offender  and  offenders,  being  hereafter  lawfully  convicted 
 of  any  manner  of  high  treasons,  by  presentment,  confession, 
 verdict  or  process  of  outlawry,  according  to  the  due  course 
 and  custom  of  the  common  laws  of  this  realm,  shall  lose 
 and  forfeit  to  the  king's  highness,  his  heirs  and  successors, 
 all  such  lands,  tenements,  and  hereditaments,  which  any 
 such  offender  or  offenders  shall  have  of  any  estate  of  inherit- 
 ance in  use  or  possession,  by  any  right,  title,  or  means, 
 within  this  realm  of  England,  or  elsewhere,  within  any 
 of  the  king's  dominions,  at  the  time  of  any  such  treason 
 committed,  or  any  time  after;  saving  to  every  person 
 and  persons,  their  heirs  and  successors  (other  than  the 
 offenders  in  any  treasons,  their  heirs  and  successors,  and 
 such  person  and  persons  as  claim  to  any  their  uses),  all 
 such  rights,  titles,  interests,  possessions,  leases,  rents,  offices, 
 and  other  profits,  which  they  shall  have  at  the  day  of  com- 
 
LViii]      HISTORY  OF  THE  ENGLISH  CHURCH  251 
 
 mitting  such  treasons,  or  any  time  afore,  in  as  large  and      1534. 
 ample  manner  as  if  this  Act   had   never   been   had   nor 
 made. 
 
 LVIII. 
 
 ABJURATION  OF  PAPAL  SUPREMACY  BY  THE 
 CLERGY,  A.D.  1534. 
 
 On  March  31,  the  Convocation  of  Canterbury  considered  the  ques-  1534. 
 tion  of  the  papal  supremacy,  and  rejected  it  by  a  decisive  majority. 
 The  Convocation  of  York  discussed  the  matter  on  May  5  and  subsequent 
 days.  The  Cambridge  decision  is  dated  May  2,  and  the  Oxford  June  27. 
 The  king's  proclamation  *  abolishing  the  usurped  power  of  the  pope  ' 
 is  dated  June  9. 
 
 Convocation  of  Canterbury. 
 
 [Tr.  Wilkins,  iii.  769,  who  quotes  from  the  Register  of  Convocation  *.] 
 
 On  the  last  day  of  March,  in  the  presence  of  the  most  Canter- 
 
 reverend  Ralph  Pexsall,   the   clerk   of  the   crown   in    the  ^"'"-^  9°"" 
 
 vocation 
 chancery  of  the  lord  the  king,  in  the  name  of  the  said  king,  decides 
 
 presented  a  royal  writ   for  summoning   Convocation   and  ^ffi^'J"^" 
 
 proroguing  it  to  the  fourth  day  of  November  following.    And  a  large 
 
 afterwards  was  exhibited  a  writing  by  William  Saye,  notary  ^^'^l'^^ 
 
 public,  concerning  the  answer  of  the  Lower  House  to  the  pope  has 
 
 question,  viz.  *  Whether  the  Roman  pontiff  has  any  greater  ^^  greater 
 .     .  ^  power,  &c. 
 
 jurisdiction  bestowed  on  him  by  God  in  the  Holy  Scriptures 
 
 in  this  realm  of  England,  than  any  other  foreign  [exter?ius\ 
 
 bishop?'     Noes  34,  doubtful  i,  ayes  4. 
 
 Convocation  of  York. 
 
 [Tr.  Reg.  Lee,  fol.  88  ;  (t/!  Wilkins,  iii.  782.] 
 
 By  virtue  of  a  royal  writ  this  synod,  convened  on  the  The  Con- 
 fifteenth  day  of  May,  sent  to   the  lord  the  king,  by  the  York  re- 
 ^  We  have  failed  to  trace  the  orisrinal. — Edd. 
 
252  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lviii 
 
 1634.      archbishop's    certificate,    the    sentence    of   their    decision 
 ceiving  an  against  the  pope's  supremacy :    '  To    the   most  illustrious 
 thek^ng°"^  and  excellent  prince  and  lord,  the  lord  Henry  VIII,  by 
 the  grace  of  God  king  of  England  and  France,  defender 
 of    the   faith,    and   lord   of  Ireland,    Edward,    by    Divine 
 permission  archbishop  of  York,  primate  of  England,  and 
 metropolitan,  greeting.     We  make  known  and  declare  to 
 your   royal  highness,  by  the   tenor   of  the  presents,   that 
 considers    when,  according  to  the  mandate  of  your  royal  majesty,  the 
 the  pre-      following  conclusion  was  proposed  in  the  presence  of  the 
 submitted,  prelates   and   clergy   of  the    province   of  York,    gathered 
 together  in  the  sacred  synod  of  the  province  or  Convocation 
 of  the  prelates  and  clergy  of  the  same  province  of  York, 
 held  in  the  Chapter  House  of  the  metropolitan  church  of 
 York,  on  the  fifth  day  of  May,  in  the  present  year  of  our 
 Lord  1534,  and  continued  from   day  to  day:   "That  the 
 Bishop  of  Rome  has  not,   in   Scripture,  any  greater  juris- 
 diction in  the  kingdom  of  England  than  any  other  foreign 
 bishop."     And  when  further,  on  behalf  of  the  presidents 
 deputed  by  you  in  the  same  synod,  the  said  prelates  and 
 clergy  were  asked  and  demanded  to  confirm  and  endorse 
 that  opinion  by  their  consent,  if  they  thought  or  judged  it 
 consonant  to  the  truth  and   not  repugnant  to   the   Holy 
 and  affirms  Scriptures ;    at  length  the  said  prelates  and  clergy  of  the 
 
 the  same     pj-Qvince  of  York  aforesaid,  after  careful  discussion  had  in 
 conclusion,  '• 
 
 that  the      that  behalf,  and  mature  deliberation,  unanimously  and  con- 
 pope  has     cordantly,  with  no  dissentient,  affirmed  the  conclusion  above- 
 no  greater  ,      ■" 
 power,  &c.  mentioned  to  have  been  and  to  be  true,  and  concordantly 
 
 consented  to  the  same.  Which  all  and  singular  we  notify 
 to  your  highness  by  the  tenor  of  the  presents.  In  testimony 
 of  which,  all  and  singular,  we  have  caused  our  seal  to  be 
 affixed  to  the  presents.  Given  in  our  castle  of  Cawood,  the 
 second  day  of  June,  in  the  year  of  our  Lord  1534,  and  the 
 third  of  our  consecration.' 
 
Lix]      HISTORY  OF  THE  ENGLISH  CHURCH  253 
 
 LIX. 
 
 SUFFRAGAN  BISHOPS  ACT,  a.  d.  1534. 
 26  Henry  VHI,  cap.  14. 
 
 This  Act,  passed  in  the  November  session  of  1534,  was  repealed  by       1534. 
 I  &  2  Philip  and  Mary,  cap.  8  {post,  No.  LXXVI),  and  was  revived 
 by  I  Ehzabeth,  cap.  i  {post,  No.  LXXIX). 
 
 [Transcr.  Statutes  of  the  Realm,  iii.  509.] 
 
 Albeit  that  since  the  beginning  of  this  present  Parlia-  Provision 
 ment  erood  and  honourable  ordinances  and  statutes  have  ^"^^^f-^y 
 
 °  made  for 
 
 been   made   and   established   for   elections,    presentations,  election, 
 consecrations,   and  investing  of  archbishops  and  bishops  ?^.^*'  °^ 
 of  this  realm,  and  in  all  other  the  king's  dominions,  with  but  no 
 all  ceremonies  appertaining  unto  the  same,  as  by  sundry  pi"ovision 
 statutes  thereof  made  more  at  large  is  specified  ;  yet  never-  suffragans, 
 theless  no  provision  hitherto  has  been  made  for  suffragans, 
 which  have  been  accustomed  to  be  had  within  this  realm 
 for  the  more  speedy  administration  of  the  sacraments,  and 
 other  good,  wholesome,  and  devout  things  and  laudable 
 ceremonies,  to  the  increase  of  God's  honour,  and  for  the 
 commodity  of  good  and  devout  people.     Be  it  therefore  Towns 
 enacted  by  authority  of  this  present  ParHament,  that  the  towns  ^^  ^^^g  ^c 
 of  Thetford,  Ipswich,  Colchester,  Dover,  Guildford,  South-  thebishops 
 ampton,  Taunton,  Shaftesbury,  Molton,  Marlborough,  Bed-  ^"  '"^S^"- 
 ford,    Leicester,   Gloucester,   Shrewsbury,  Bristol,   Penrith, 
 Bridgewater,    Nottingham,    Grantham,   Hull,    Huntingdon, 
 Cambridge,   and   the   towns   of  Perth  and   Berwick,    [St. 
 Germains  in  Cornwall^]  and  the  Isle  of  Wight,  shall  be  taken 
 and  accepted  for  sees  of  bishops  suffragan  to  be  made  in 
 this  realm,  and  in  Wales,  and  the  bishops  of  such  sees  shall 
 be  called  suffragans  of  this  realm.  And  that  every  archbishop 
 
 ^  *  St.  Germainsrin  Cornwall'  interlined  in  original. 
 
254  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lix 
 
 1534.      and  bishop  of  this  reahn,   and  of  Wales,   and   elsewhere 
 
 How  pro-  •within  the  king's  dominions,  being  disposed  to  have  any 
 
 posed 
 
 suffragans  Suffragan,  shall  and  may,  at  their  liberties,  name  and  elect, 
 
 are  to  be  (-^at  is  to  say,  every  of  them  for  their  peculiar  diocese,  two 
 to  the  king,  honest  and  discreet  spiritual  persons,  being  learned,  and  of 
 good  conversation,  and  those  two  persons,  so  by  them  to  be 
 named,  shall  present  to  the  king's  highness,  by  their  writing 
 under  their  seals,  making  humble  request  to  his  majesty  to  give 
 to  one  such  of  the  said  two  persons,  as  shall  please  his  majesty, 
 such  title,  name,  style,  and  dignity  of  bishop  of  such  of  the 
 sees  above  specified,  as  the  king's  highness  shall  think  most 
 convenient  for  the  same ;  and  that  the  king's  majesty,  upon 
 every  such  presentation,  shall  have  full  power  and  authority 
 to  give  to  one  of  those  two  persons,  so  to  his  highness  to  be 
 presented,  the  style,  title,  and  name  of  a  bishop  of  such  of 
 the  sees  aforesaid,  as  to  his  majesty  shall  be  thought  most 
 convenient  and  expedient,  so  it  be  within  the  same  province 
 whereof  the  bishop  that  does  name  him  is.  And  that  every 
 such  person  to  whom  the  king's  highness  shall  give  any  such 
 style  and  title  of  any  of  the  sees  aforenamed,  shall  be  called 
 bishop  suffragan  of  the  same  see  whereunto  he  shall  be  named. 
 The  king  And  after  such  title,  style,  and  name  so  given  as  is  afore- 
 to  present  g^-^^  ^^^^  king's  majesty  shall  present  every  such  person,  by 
 selected  to  his  letters  patent  under  his  great  seal,  to  the  Archbishop  of 
 
 one  of  the  Canterbury,  if  the  town  whereof  he  has  his  title  be  within 
 
 two  arch-  •' ' 
 
 bishops,      the  province  of  Canterbury,  and  likewise  to  the  Archbishop 
 
 according    ^f  York,  if  the  town  whereof  he  has  his  title  be  within  the 
 
 to  the  pro- 
 vince in      province   of  York,  signifying  and  declaring  by   the   same 
 
 which  the  lettej-g  patent  the  name  of  the  person  presented,  and  the 
 
 town,  irom  '■  ^  ^    ^ 
 
 which  the   Style  and  title  of  dignity  of  the  bishopric  whereunto  he 
 
 suffragan    gj-^^jj  ]^g  nominated,  requiring  the  same  archbishop,  to  whom 
 takes  his  ^        i  o  ,  .j 
 
 title,  lies,     such  letters  patent  shall  be  directed,  to  consecrate  the  said 
 
 person  so  nominated  and  presented  to  the  same  name,  title, 
 
 style,  and  dignity  of  bishop,  that  he  shall  be  nominated  and 
 
 presented  unto,  and  to  give  him  all  such  creations,  benedic- 
 
Lix]      HISTORY  OF  THE  ENGLISH  CHURCH  255 
 
 tions,  and  ceremonies,  as  to  the  degree  and  office  of  a  bishop      1534. 
 suffragan  shall  be  requisite. 
 
 And  be  it  also  enacted  by  authority  aforesaid,  that  all  Suffragans, 
 and  every  such  person  and  persons  as  shall  be  nominated,  natedTiid 
 elected,  presented,  and  consecrated,  as  is  afore  rehearsed,  appointed, 
 shall  be  taken,  accepted,  and  reputed,  in  all  degrees  and  \nna\  ^^^ 
 places,  according  to  the  style,  title,  name,  and  dignity  that  power 
 he  shall  be  so  presented  unto,  and  have  such  capacity,  power  ^J^ier 
 and  authority,  honour,  pre-eminence  and  reputation,  in  as  suffragans, 
 large  and  ample  manner,  in  and  concerning  the  execution 
 of  such  commission,  as  by  any  of  the  said  archbishops  or 
 bishops  within   their  diocese   shall   be   given   to  the   said 
 suffragans,  as  to  suffragans  of  this  realm  heretofore  has  been 
 used  and  accustomed. 
 
 And  be  it  further  enacted  by  authority  aforesaid,  that  Consecra- 
 every  archbishop  of  this  realm,  to  whom  any  the  king's  suffj-ae-ans 
 letters  patent,  in  the  cases  afore  rehearsed,  shall  be  directed,  to  be  with- 
 having  no  lawful  impediment,  shall  perform  and  accomplish  J^onthTof 
 the  effects  and  contents  of  this  Act  within  the  time  of  three  the  king's 
 months  next  after  such  letters  patent  shall  come  to  their    ^'^^'^'^^°"- 
 hands ;    any  usages,  customs,  foreign  laws,  privileges,  pre- 
 scriptions, or  other  thing  or  things  heretofore  used,  had,  or 
 done  to  the  contrary  hereof  notwithstanding. 
 
 Provided  always,  that  no  such  suffragans,  which  shall  be  Emolu- 
 made  and  consecrated  by  virtue  and  authority  of  this  Act,  ™^."*^" 
 
 •'  •'  '  jurisdic- 
 
 shall  take  or  perceive  any  manner  of  profits  of  the  places  tion  of 
 and  sees  whereof  they  shall  be  named^  nor  use,  have,  or  f^  ^^^^^ 
 execute  any  jurisdiction   or  episcopal  power  or   authority  episcopal 
 within  their  said  sees,  nor  within  any  diocese  or  place  of  ^"^^j  °"  ^ 
 this  realm,  or  elsewhere  within  the  king's  dominions,  but 
 only  such  profits,  jurisdiction,  power,  and  authority  as  shall 
 be  licensed  and  hmited  to  them  to  take,  do,  and  execute  by 
 any  archbishop  or  bishop  of  this  realm,  within  their  diocese 
 to  whom  they  shall   be  suffragans,   by   their   commission 
 under  their  seals. 
 
256  DOCUMENTS    ILLUSTRATIVE   OF   THE      [lix 
 
 1534,  And  that  every  archbishop  and  bishop  of  this  reahn,  for 
 
 Of  what  their  own  pecuHar  diocese,  may  and  shall  give  such  commis 
 rity  and  sion  OF  commissions  to  every  such  bishop  suffragan  as  shall 
 ^h"n^'  be  so  consecrated  by  authority  of  this  Act,  as  has  been 
 consist.  accustomed  for  suffragans  heretofore  to  have,  or  else  such 
 commission  as  by  them  shall  be  thought  requisite,  reason- 
 Penalty  able,  and  convenient ;  and  that  no  such  suffragan  shall  use 
 ■  jj^g  '  any  jurisdiction  ordinary  or  episcopal  power,  otherwise^  nor 
 same.  longer  time,  than  shall  be  limited  by  such  commission  to 
 
 him  to  be  given  as  is  aforesaid,  upon  pain  to  incur  into  the 
 pains,   losses,  forfeitures,  and  penalties  mentioned  in   the 
 Statute  of  Provisions,  made  in  the  sixteenth  year  of  King 
 Richard  II. 
 Manner  of       Provided  always,  that  the  bishop  that  shall  nominate  the 
 consecra-    guffragan  to  the  king's  highness,  or  the  suffragan  himself  that 
 suffragans,  shall  be  nominate,  shall  provide  two  bishops  or  suffragans 
 to  consecrate  him,  with  the  archbishop,  and  shall  bear  their 
 Residence,  reasonable  costs  ;  provided  also,  that  the  residence  of  him 
 that  shall  be  suffragan  over  the  diocese  where  he  shall  have 
 commission,  shall  serve  him  for  his  residence,  as  sufficiently 
 as  if  he  were  resident  upon  any  other  his  benefice ;  any  Act 
 heretofore  made  to  the  contrary  notwithstanding. 
 A  suffra-         Be  it  further  enacted,  that  all  such  suffragans  as  shall 
 
 gan  may     hereafter  exercise  the  offices  aforesaid,  by  the  commission  of 
 have  two  '     ■' 
 
 benefices    the  bishop,  for  the  better  maintenance  of  his  dignity,  may 
 wit    cure    Yi^^Q  t^Q  benefices  with  cure  :  any  former  Act  made  to  the 
 
 to  support  ■*         ■' 
 
 his  dignity,  contrary  notwithstanding. , 
 
 LX. 
 
 NOTE  ON  THE  APPOINTMENT  OF  CRUMWELL 
 AS  VICAR-GENERAL. 
 
 A  commission — which   from   internal  evidence  may  be 
 dated   as   prior   to   the  middle  of  December,    1534 — was 
 
LXi]      HISTORY  OF  THE  ENGLISH  CHURCH  257 
 
 issued  to  Thomas  Crumwell,  Chief  Secretary,  John  Tregun-  1534. 
 well,  LL.D.,  principal  judge  of  the  Admiralty,  and  Thomas 
 Bedyll,  Archdeacon  of  London  and  Cornwall,  to  make 
 a  general  visitation  of  churches  and  monasteries.  In  a  docu- 
 ment dated  only  '21  January/  but  probably  belonging  to 
 the  year  1534-5,  Crumwell  is  addressed  as  'Chief  Secretary 
 and  Master  of  the  Rolls,'  and  is  directed^  by  himself,  to  make 
 a  similar  inquiry.  These  two  documents  are  extant  at  the 
 Public  Record  Office  (State  Papers,  Henry  VIII,  vol.  8, 
 Nos.  73  and  75).  In  a  copy  of  a  draft  commission — not 
 contemporary — at  the  British  Museum  (Cotton,  Cleop.  F.  ii. 
 131)  to  a  similar  effect  as  the  foregoing,  Crumwell  is  styled 
 Vicar-General :  this  seems  to  be  the  authority  generally 
 quoted  for  stating  that  Crumwell  held  the  office  of  Vicar- 
 General. 
 
 LXI. 
 
 ACT  FOR  THE  DISSOLUTION  OF  THE  LESSER 
 MONASTERIES,  a.  d.  1536. 
 
 27  Henry  VIII,  cap.  28. 
 
 Parliament  met   February  4,    1536 ;    it  received  a  digest  of  the       1506. 
 report  of  the  monastic  visitors,  and  soon  after  passed  the  first  Act 
 of  Suppression,  dealing  with  the  lesser  monasteries,  and  covering, 
 retrospectively,  previous  suppressions. 
 
 [Transcr.  Statutes  of  the  Realm,  iii.  575.] 
 
 Forasmuch  as  manifest  sin,  vicious,  carnal  and  abomin-  Evil  state 
 able  living  is  daily  used  and  committed  among  the  little  ^^J^^^^-^^. 
 and  small  abbeys,  priories,  and  other  religious  houses  of  ties, 
 monks,  canons,  and  nuns,  where  the  congregation  of  such 
 religious  persons  is  under  the  number  of  twelve  persons, 
 whereby  the  governors  of  such  religious  houses,  and  their 
 convent,  spoil,  destroy,  consume,  and  utterly  waste,  as  well 
 
 s 
 
258  DOCUMENTS   ILLVSTRAIIVE   OF   THE     [lxi 
 
 1536.  their  churches,  monasteries,  priories,  principal  houses,  farms, 
 granges,  lands,  tenements,  and  hereditaments,  as  the  orna- 
 ments of  their  churches,  and  their  goods  and  chattels,  to  the 
 high  displeasure  of  Almighty  God,  slander  of  good  religion, 
 and  to  the  great  infamy  of  the  king's  highness  and  the 
 Previous     realm,  if  redress  should  not  be  had  thereof.    And  albeit  that 
 
 visitations  many  continual  visitations  hath  been  heretofore  had,  by  the 
 
 ineffectual  r  1         i      i 
 
 to  reform,  space  of  two  hundred  years  and  more,  for  an  honest  and 
 
 charitable  reformation  of  such  unthrifty,  carnal,  and  abomin- 
 able living,  yet  nevertheless  little  or  none  amendment  is 
 hitherto  had,  but  their  vicious  living  shamelessly  increases 
 and  augments,  and  by  a  cursed  custom  so  rooted  and  in- 
 fested, that  a  great  multitude  of  the  religious  persons  in  such 
 small  houses  do  rather  choose  to  rove  abroad  in  apostasy, 
 than  to  conform  themselves  to  the  observation  of  good 
 religion ;  so  that  without  such  small  houses  be  utterly  sup- 
 pressed, and  the  religious  persons  therein  committed  to  great 
 and  honourable  monasteries  of  religion  in  this  realm,  where 
 they  may  be  compelled  to  live  religiously,  for  reformation  of 
 their  lives^  there  cannot  else  be  no  reformation  in  this 
 behalf : 
 This  Act  In  consideration  whereof,  the  king's  most  royal  majesty — 
 to  suV  being  supreme  head  on  earth,  under  God,  of  the  Church 
 press  vice,  of  England,  daily  finding  and  devising  the  increase,  ad- 
 die  o-reater  vancement,  and  exaltation  of  true  doctrine  and  virtue  in 
 monas-  the  said  Church,  to  the  only  glory  and  honour  of  God,  and 
 the  total  extirping  and  destruction  of  vice  and  sin,  having 
 knowledge  that  the  premises  be  true^  as  well  by  the  accounts 
 of  his  late  visitations,  as  by  sundry  credible  informations, 
 considering  also  that  divers  and  great  solemn  monasteries 
 of  this  realm,  wherein  (thanks  be  to  God)  religion  is  right 
 well  kept  and  observed,  be  destitute  of  such  full  numbers  of 
 religious  persons,  as  they  ought  and  may  keep — has  thought 
 good  that  a  plain  declaration  should  be  made  of  the 
 premises,  as  well  to  the  Lords  spiritual  and  temporal,  as  to 
 
 tenes. 
 
LXi]     HISTORY  OF  THE  ENGLISH  CHURCH  259 
 
 other  his  loving  subjects,   the  Commons,  in  this  present      1536. 
 Parliament   assembled :    whereupon   the   said    Lords    and  Posses- 
 Commons,  by  a  great  deliberation,  finally  be  resolved,  that  smaHe^^ 
 it  is  and  shall  be  much  more  to  the  pleasure  of  Almighty  monas- 
 God,  and  for  the  honour  of  this  his  realm,  that  the  posses-  appHecTto^ 
 sions  of  such  small  religious  houses,  now  being  spent,  spoiled,  better 
 and  wasted  for  increase  and  maintenance  of  sin,  should  be  ^un^hriftv 
 used    and    converted   to   better   uses,   and    the    unthrifty  religious 
 religious  persons,  so  spending  the  same,  to  be  compelled  f'o^reform 
 to  reform  their  lives  :   and  thereupon  most  humbly  desire  their  lives. 
 the  king's  highness  that  it  may  be  enacted  by  authority  of 
 this  present  Parliament,  that  his  majesty  shall  have  and 
 enjoy  to  him  and  to  his  heirs  for  ever,  all  and  singular  such  All  monas- 
 monasteries,  priories,  and  other  religious  houses  of  monks,  Jf"^^'  , 
 canons,  and  nuns,  of  what  kinds  or  diversities  of  habits,  of  which 
 
 rules,  or  orders  soever  they  be  called  or  named,  which  have       "°^  , 
 
 I  ■'  '  amount  to 
 
 not  in  lands,  tenements,  rents,  tithes,  portions,  and  other  above  200/. 
 hereditaments,  above  the  clear  yearly  value  of  two  hundred  /^''^"'"""' 
 
 '  •'         ■'  ^  given  to 
 
 pounds.  And  in  like  manner  shall  have  and  enjoy  all  the  the  king, 
 sites  and  circuits  of  every  such  religious  houses,  and  all  and 
 singular  the  manors,  granges,  meases,  lands,  tenements, 
 rents,  reversions,  services,  tithes,  pensions,  portions,  churches, 
 chapels,  advowsons,  patronages,  annuities,  rights,  entries, 
 conditions,  and  other  hereditaments  appertaining  or  belong- 
 ing to  every  such  monastery,  priory,  or  other  religious 
 house,  not  having,  as  is  aforesaid,  above  the  said  clear 
 yearly  value  of  two  hundred  pounds,  in  as  large  and  ample 
 manner  as  the  abbots,  priors,  abbesses,  prioresses,  or  other 
 governors  of  such  monasteries,  priories,  and  other  religious 
 houses  now  have,  or  ought  to  have  the  same  in  the  right  of 
 their  houses.  And  that  also  his  highness  shall  have  to  him  The  king 
 and  to  his  heirs  all  and  singular  such  monasteries,  abbeys,  f^^^^  ^if° 
 
 °  have  all 
 
 and  priories,  which  at  any  time  within  one  year  next  before  monas- 
 the  making  of  this  Act  have  been  given  and  granted  to  his  ^^'?^\ 
 majesty  by  any  abbot,  prior,  abbess,  or  prioress,  under  their  within  one 
 
 S  2 
 
26o  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxi 
 
 1530.      convent  seals,  or  that  otherwise^  have  been  suppressed  or 
 yearbefore  dissolved,   and  all  and  singular  the  manors,   lands,   tene- 
 
 the  making  .  ... 
 
 of  this  Act  iT^^ents,  rents^  services,  reversions,  tithes,  pensions,  portions, 
 
 have  been  churches,  chapels,   advowsons,  patronages,   rights,  entries, 
 assured  to  ,.  .  i     n       i        •  tit  i 
 
 him,  or       conditions,  and  all  other  interests  and  hereditaments  to  the 
 
 that  have  same  monasteries,  abbeys,  and  priories,  or  to  any  of  them 
 wise  sup-  appertaining  or  belonging ;  fb  have  and  to  hold  all  and 
 pressed,  singular  the  premises,  with  all  their  rights,  profits,  juris- 
 dictions, and  commodities,  unto  the  king's  majesty,  and  to 
 How  to  be  his  heirs  and  assigns  for  ever^  to  do  and  use  therewith  his  andV,  / 
 employed.  ^^^^-^  ^^^^  ^^"Ug^  ^^  ^^^  pleasure  of  Almighty  God,  and  to  thej' 
 
 honour  and  profit  of  this  realiiu  > 
 
 Grantees  of     And  it  is  Ordained  and  enacted  by  the  authority  aforesaid, 
 .suppressed  ^j^^t  all  and  every  person  and  persons,  and  bodies  politic, 
 
 abbey 
 
 lands  to      which  now  have,  or  hereafter  shall  have,  any  letters  patent  of 
 
 enjoy  same  j-j^g  king's  highness,  of  any  of  the  sites,  circuits,  manors,  lands, 
 
 as  fully  as  ^         '  ^  ... 
 
 the  late      tenements,  rents,  reversions,  services,  tithes,  pensions,  por- 
 
 posses-       tions,  churches,  chapels,  advowsons,  patronages,  tithes  (stc\ 
 
 sors. 
 
 entries,  conditions,  interests,  or  other  hereditaments,  which 
 appertained  to  any  monasteries,  abbeys,  or  priories  hereto- 
 fore given  or  granted  to  the  king's  highness,  or  otherwise 
 suppressed  or  dissolved,  or  which  appertain  to  any  the 
 monasteries,  abbeys,  priories,  or  other  religious  houses  that 
 shall  be  suppressed  or  dissolved  by  authority  of  this  Act, 
 shall  have  and  enjoy  the  said  sites,  circuits,  manors,  lands, 
 tenements,  rents,  reversions,  services,  tithes,  pensions,  por- 
 tions, churches,  chapels,  advowsons,  patronages^  tithes  {sic), 
 entries,  conditions,  interests,  and  all  other  hereditaments, 
 contained  and  specified  in  their  letters  patent  now  being 
 thereof  made,  and  to  be  contained  and  expressed  in  any 
 letters  patent  hereafter  to  be  made,  according  to  the  tenor, 
 purport,  and  effect  of  any  such  letters  patent ;  and  shall 
 also  have  all  such  actions,  suits,  entries,  and  remedies  to 
 all  intents  and  purposes,  for  any  thing  and  things  contained 
 in  any  such  letters  patent  now  made,  or  to  be  contained  in 
 
LXi]      HISTORY  OF   THE  ENGLISH   CHURCH  261 
 
 any  such  letters  hereafter  to  be  made,  in  Hke  manner,  form,      1536. 
 and  condition,  as  the  abbots,  priors,  abbesses,  prioresses, 
 or  other  chief  governors  of  any  reh'gious  houses  which  had 
 the  same,  might  or  ought  to  have  had,  if  they  had  not  been 
 suppressed  or  dissolved. 
 
 Saving  to  every  person  and  persons,  and  bodies  politic,  a  saving 
 their  heirs  and  successors  (other  than  the  abbots,  priors,  °^  ^^^ 
 abbesses,  prioresses,  and  other  chief  governors  of  the  said  of  those 
 religious  houses  specified  in  this  Act,  and  the  convents  of  folding 
 the  same,  and  their  successors,  and  such  as  pretend  to  be  from  the  ' 
 founders,  patrons,  or  donors  of  such  religious  houses,  or  of  "^on^s- 
 
 11  ,  1 •  1     ,         .  teries  to 
 
 any  lands,  tenements,  or  hereditaments  belongmg  to  the  be  dis- 
 same,  and  their  heirs  and  successors),  all  such  right,  title,  solved ; 
 interest,  possession,  leases  for  years,  rents,  services,  annuities, 
 commons,  fees,  otifices,  liberties  and  livings,  pensions,  por- 
 tions, corrodies,  synodies,  proxies,  and  all  other  profits,  as 
 they  or  any  of  them  have,  ought,  or  might  have  had,  in 
 or  to  any  the  said  monasteries,  abbeys,  priories,  or  other 
 religious  houses,  or  in  or  to  any  manors,  lands,  tenements, 
 rents,  reversions,  tithes,  pensions,  portions,  or  other  heredita- 
 ments appertaining  or  belonging,  or  that  appertained  to  any 
 of  the  said  monasteries,  priories,  or  other  religious  houses, 
 as  if  the  same  monasteries,  priories,  or  other  religious  houses 
 had  not  been  suppressed  by  this  Act,  but  had  continued  in 
 their  essential  bodies  and  states  that  they  now  be,  or 
 were  in. 
 
 Provided  always,  and  be  it  enacted,  that  forasmuch  as  but  fraudu- 
 divers  of  the  chief  governors  of  such  religious  houses,  deter-  ^^f.^^  of 
 mining  the  utter  spoil  and  destruction  of  their  houses,  and  property 
 dreading  the  suppressing  thereof,  for  the  maintenance  of  their  ^^-^^ 
 detestable  lives,  have  lately  fraudulently  and  craftily  made 
 feoffments,  estates,  gifts,  grants,  and  leases,  under  their  con- 
 vent seals,  or  suffered  recoveries  of  their  manors,  lands,  tene- 
 ments, and  hereditaments  in  fee  simple,  fee  tail,  for  term 
 of  life  or  lives,  or  for  years,  or  charged  the  same  with  rents 
 
262 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxi 
 
 1536, 
 
 Abbots, 
 priors,  &c., 
 elected 
 since  Jan. 
 
 I,  1534, 
 discharged 
 from  the 
 payment  of 
 firsl-fruits. 
 
 or  corrodies,  to  the  great  decay  and  diminution  of  their 
 houses;  that  all  such  crafty  and  fraudulent  recoveries, 
 feoffments,  estates,  gifts,  grants,  and  leases,  and  every  of 
 them,  made  by  any  of  the  said  chief  governors  of  such 
 religious  houses,  under  their  convent  seals,  within  one  year 
 next  before  the  making  of  this  Act,  shall  be  utterly  void 
 and  of  none  effect ;  provided  always,  that  such  person  and 
 persons  as  have  leases  for  term  of  life  or  years,  whereupon 
 is  reserved  the  old  rents  and  services  accustomed,  and  such 
 as  have  any  office,  fees,  and  corrodies  that  have  been  accus- 
 tomed or  used  in  such  religious  houses,  or  have  bought  any 
 livery  or  living  in  any  such  houses,  shall  have  and  enjoy 
 their  said  leases,  offices,  fees,  corrodies,  liberties,  liveries, 
 or  livings,  as  if  this  Act  had  never  been  made. 
 
 And  it  is  also  enacted,  by  authority  aforesaid,  that  the 
 king's  highness  shall  have  and  enjoy  to  his  own  proper  use, 
 all  the  ornaments,  jewels,  goods,  chattels,  and  debts,  which 
 appertained  to  any  of  the  chief  governors  of  the  said 
 monasteries  or  religious  houses,  in  the  right  of  their  said 
 monasteries  or  houses,  at  the  first  day  of  March  in  the 
 year  of  our  Lord  God  1535,  or  anytime  since,  wheresoever, 
 and  to  whose  possession  soever  they  shall  come  or  be  found, 
 except  only  such  beasts,  grain,  and  woods,  and  such  other 
 like  chattels  and  revenues,  as  have  been  sold  in  the  said 
 first  day  of  March  or  since,  for  the  necessary  or  reasonable 
 expenses  or  charges  of  any  of  the  said  monasteries  or 
 houses. 
 
 Provided  always,  that  such  of  the  said  chief  governors 
 which  have  been  elected  or  made  abbot,  prior,  abbess,  or 
 prioress  of  any  of  the  said  religious  houses  since  the  first 
 day  of  January,  which  was  in  the  year  of  our  Lord  God 
 1534,  and  by  reason  thereof  be  bounden  to  pay  the  first- 
 fruits  to  the  king's  highness,  at  days  to  come,  limited  by 
 their  bonds  made  for  the  same,  that  in  every  such  house  such 
 chief  governor,  and  the  sureties  of  every  of  them,  shall  be 
 
LXi]     HISTORY  OF  THE  ENGLISH  CHURCH  260 
 
 clearly  discharged  by  authority  of  this  Act,  against  the  king's      1536. 
 
 highness,  and  all  other  persons,  for  the  payment  of  such 
 
 sums  of  money  as  they  stand  bounden  to  pay  for  their  said 
 
 first-fruits,  or  for  any  part  thereof. 
 
 And  forasmuch  as  the  clear  yearly  value  of  all  the  said  The  king 
 
 monasteries,   priories,   and    other   religious   houses  in  this  ^j^^     i\ 
 
 realm,  is  certified  into  the  king's  exchequer,  amongst  the  possession 
 
 books  of  the  yearly  valuations  oif  all  the  spiritual  possessions  ^  the  lands 
 
 of  this  realm,  amongst  which  shall  and  may  appear  the  abbeys, 
 
 certainty  and    number   of  such   small  and  little  religious  ^h^"  a^^. 
 
 houses,    as   have    not,    in    lands,   tenements,   rents,   tithes,  to  be  dis- 
 
 portions,   and  other  hereditaments,   above   the   said   clear  ^°,  ^^  ' 
 ^  '  '  whose  pos- 
 
 yearly   value   of   two    hundred    pounds ;     be   it   therefore  sessions 
 enacted  by  authority  aforesaid,   that   the   king's   highness  ^J^^^^  \^ 
 shall  have  and  enjoy,  according  to  this  Act,  the  actual  and  annual 
 real  possession  of  all  and  singular  such  monasteries,  priories,  ^^^^f  '  ^^" 
 and  other  religious  houses,  as  shall  appear  by  the  said  certi- 
 ficate  remaining  in  the  king's  exchequer,  not  to  have  in 
 lands,  tenements,  rents,  tithes,  portions,  and  other  heredita- 
 ments, above  the  said  clear  yearly  value  of  two  hundred 
 pounds,  so  that  his  highness  may  lawfully  give,  grant,  and 
 dispose  them,  or  any  of  them,  at  his  will  and  pleasure,  to 
 the  honour  of  God,  and  the  wealth  of  this  realm,  without 
 further  inquisition  or  office  to   be  had  or  found  for  the 
 same. 
 
 In  consideration  of  which  premises  to  be  had  to  his  high-  Provision 
 ness,  and  to  his  heirs,  as  is  aforesaid,  his  majesty  is  pleased  heads  of 
 and  contented,  of  his  most  excellent  charity,  to  provide  to  sup- 
 every  chief  head  and  governor  of  every  such  religious  house,  houses, 
 during  their  lives,  such  yearly  pensions  and  benefices  as  for  ^he  king 
 
 their  degrees  and  qualities  shall  be  reasonable  and  con-  wiH  have 
 
 ,.,.,.,  .„  ,  J  ,  respect  for 
 
 venient ;  wherem  his  highness  will  have  most  tender  respect  g^^^h  as 
 
 to  such  of  the  said  chief  governors  as  well  and  truly  conserve  preserve 
 
 .     ,  4.      +1      goods  and 
 
 and  keep  the  goods  and  ornaments  of  their  nouses  to  tne  ornaments 
 use  of  his  majesty,  without  spoil,  waste,  or  embezzling  the  for  his  use. 
 
264  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxi 
 
 1536.      same ;   and  also  his  majesty  will  ordain  and  provide  that 
 
 Provision    jj^e  convents  of  every  such  religious  house  shall  have  their 
 
 bers  of  dis-  capacities,    if   they   will,    to   live   honestly   and   virtuously 
 
 solved         abroad,    and  some   convenient  charity  disposed   to   them 
 
 rcli*-*'ious 
 
 communi-    towards  their  living,  or  else  shall  be  committed  to  such 
 
 ties.  honourable  great  monasteries  of  this  realm  wherein  good 
 
 religion   is  observed,  as  shall  be  limited  by  his  highness, 
 
 Governors  there  to  live  religiously  during  their  lives ;  and  it  is  ordained 
 
 mona^s^  ^"^   ^^  ^^^  authority  aforesaid,   that  the  chief  governors  and 
 
 teries  shall  convents  of  such  honourable  great  monasteries  shall  take  and 
 
 them^^       accept  into  their  houses,  from  time  to  time,  such  number  of 
 
 into  their    the  persons  of  the  said  convents  as  shall  be  assigned  and 
 
 appointed  by  the  king's  highness,  and  keep  them  religiously, 
 
 during  their  lives,   within  their  said   monasteries,   in   like 
 
 manner  and  form  as  the  convents  of  such  great  monasteries 
 
 be  ordered  and  kept. 
 
 Discharge       Provided  always,  that  all  archbishops,  bishops,  and  other 
 
 charee-^      pcrsons  which  be  or  shall  be  chargeable  to  and  for  the 
 
 able  with    collection   of  the   tenth,    granted   and    going   out   of  the 
 
 tio"n*o*f  ^^'  spiritual  possessions  of  this  realm,  shall  be  discharged  and 
 
 tenths  of     acquitted  of  and  for  such  parts  and  portions  of  the  said 
 
 ^  f  J^°"f'     tenth  wherewith  the  said    houses   of  religion,  suppressed 
 
 be  sup-       and  dissolved  by  this  Act,  were  charged  or  chargeable  to 
 
 pressed,      ^t^^  king's  highness,  except  of  such  sums  of  money  thereof, 
 
 as  they  or  any  of  them  have  or  shall  have  received  for  the 
 
 said    tenth,    of    the    chief    governors    of    such    religious 
 
 houses. 
 
 Proviso  Provided   also,    that  where   the  clergy  of  the  province 
 
 with  re-      of  Canterbury  stand  and  be  indebted  to  the  king's  high- 
 spect  to  .  _  .    .  .  T      _    , 
 
 arrears  of   ^i^ss  m  great  sums  of  money,  remammg  yet  unpaid,  01  the 
 
 100,000/.  j-gst  of  a  hundred  thousand  pounds  granted  and  given  to 
 
 the  king  his    grace   in    their    Convocation,    towards    the    payment 
 
 by  the  whereof  the   said  religious  houses  should  have  been  con- 
 
 the  pro-  tributory  if  they  had  not  been   suppressed  by  this  Act ; 
 
 vince  of  ^nd  also  some  of  the  governors  of  the  said  religious  houses 
 
LXi]     HISTORY  OF  THE  ENGLISH  CHURCH  265 
 
 have  been  collectors  for  levying  of  the  said  debt,  and  have      1536. 
 received  thereof  great  sums  of  money  yet  remaining  in  Canter- 
 their  hands ;  the  king's  most  royal  majesty  is  pleased  and 
 contented  to  deduct,  abate,  release,  and  defalk,  to  the  said 
 clergy,  of  the  said  rest  yet  unpaid,  as  well  such  sums  of 
 money  as  any  the  chief  governors  of  such  religious  houses 
 have  received,  and  not  paid,  as  so  much  money  as  every 
 of  the  said  religious  houses,  suppressed  by  this  Act,  were 
 rated  and  taxed  to  pay  in  any  one  year,  to  and  for  the 
 payment  of  the  said  hundred  thousand  pounds :  and  also 
 the   king's   majesty  is  pleased  and  contented,  that  it  be  The  king 
 enacted   by   authority   aforesaid,    that    his   highness    shall  ^^^  J^^^^^ 
 satisfy,  content,  and  pay  all  and  singular  such  just  and  true  of  the  sup- 
 debts  which  are  owing  to  any  person  or  persons  by  the  ^^o^as- 
 chief  governors  of  any  the  said  religious  houses,  in  as  large  teries. 
 and  ample  manner  as  the  said  chief  governors  should  or 
 ought  to  have  done  if  this  Act  had  never  been  made  : 
 
 Provided  alway,  that  the  king's  highness,  at  any  time  The  king, 
 after  the  making  of  this  Act,  may  at  his  pleasure  ordain  ^rant^^may 
 and  declare,  by  his  letters  patent  under  his  great  seal,  that  continue 
 such  of  the  said  religious  houses  which  his  highness  shall  ^i^l'^  ^ny 
 not    be    disposed    to   have   suppressed   nor   dissolved   by  rehgious 
 authority  of  this  Act,  shall  still  continue,  remain,  and  be 
 in  the  same  body  corporate,  and  in  the  said  essential  estate, 
 quality,  and  condition,  as  well  in  possessions  as  otherwise, 
 as  they  were  afore  the  making  of  this  Act,  without  any 
 suppression  or  dissolution  thereof,  or  of  any  part  of  the 
 same,  by  authority  of  this  Act,  and  that  every  such  ordinance 
 and  declaration,  so  to  be  made  by  the  king's  highness,  shall 
 be  good  and  effectual  to  the  chief  governors  of  such  reli- 
 gious houses  which  his  majesty  will  not  have  suppressed, 
 and  to  their  successors,  according  to  t;he  tenors  and  pur- 
 ports of  the  letters  patent  thereof  to  be  made ;  any  thing 
 or  things  contained  in  this  Act  to  the  contrary  hereof  not- 
 withstanding. 
 
266  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxi 
 
 153G.  Provided  also,  that  where  the  clergy  of  the  province  of 
 
 Proviso       York  stand  and  be  indebted  to  the  king's  highness  in  great 
 derff\^of     ^^^"^^s  of  money  yet  unpaid,  of  the  rest  of  such  sums  of 
 the  pro-      money  which  were  granted  by  them  to  his  grace  in  their 
 York  °        Convocation,   towards  the  payment  whereof  the  religious 
 similar  to    houscs  that  shall  be  suppressed  and  dissolved  by  this  Act, 
 Cante°-       being  within  the  same  province,  should  have  been  con- 
 bury,  tributory  if  they  had   not  been  dissolved,  and  also  some 
 of  the  governors  of  the  said  religious  houses  within  the 
 said  province,  that  shall  be  suppressed  by  this  Act,  have 
 been  collectors  for  levying  of  part  of  the  said  sums  of 
 money  granted  to  the  king's  highness  as  is  aforesaid,  and 
 have  certain  sums  thereof  in  their  hands  yet  unpaid,  the 
 king's  majesty  is  pleased  and  contented  to  deduct,  abate, 
 release,  and  defalk,  to  the  said  clergy  of  the  said  province 
 of  York,  of  the  rest  of  their  said  debt  yet  unpaid,  as  well 
 such  of  the  said  sums  of  money,  as  any  chief  governors 
 of  any  religious  houses  within  the  same  province,  that  shall 
 be  suppressed  by  this  Act,  have  collected  and  not  paid,  as 
 so  much  money  as  every  of  the  said  religious  houses,  sup- 
 pressed by  this  Act,  were  rated  and  taxed  to  pay  in  any 
 one  year,  towards  the  payment  of  the  said  sums  of  money 
 granted  to  the  king's  highness. 
 This  Act         Provided  always,  that  this  Act,  or  any  thing  or  things 
 
 not  to         therein  contained,  shall  not  extend,  nor  be  prejudicial  to 
 
 extend  .  ^     •' 
 
 to  the  cells  any  abbots  or  priors  of  any  monasteries  or  priories,  being 
 
 of  the  certified  into  the  kind's  exchequer  to  have  in  possessions 
 
 greater  <_>  ±  x 
 
 monas-  "and  profits  spiritual  and  temporal  above  the  clear  yearly 
 tenes.  value  of  two  hundred  pounds,  for  or  concerning  such  cells 
 of  religious  houses,  appertaining  or  belonging  to  their 
 monasteries  or  priories,  in  which  cells  the  priors  or  other 
 chief  governors  thereof  be  under  the  obedience  of  the 
 abbots  or  priors  to  whom  such  cells  belong,  as  the  monks 
 or  canons  of  the  convents  of  their  monasteries  or  priories, 
 and  cannot  sue  nor  be  sued,  by  the  laws  of  this  realm. 
 
LXi]     HISTORY  OF  THE  ENGLISH  CHURCH  267 
 
 in  or  by  their  own  proper  names,  for  the  possessions  or  1536. 
 other  things  appertaining  to  such  cells  whereof  they  be 
 priors  or  governors,  but  must  sue  and  be  sued  in  and 
 by  the  names  of  the  abbots  or  priors  to  whom  they  be 
 obediencers,  and  to  whom  such  cells  belong,  and  also 
 be  priors  or  governors  dative,  and  removeable  from  time 
 to  time,  and  accountants  of  the  profits  of  such  cells,  at 
 the  only  pleasure  and  will  of  the  abbots  or  priors  to  whom 
 such  cells  belong;  but  that  every  such  cell  shall  be  and 
 remain  undissolved  in  the  same  estate,  quality,  and  con- 
 dition, as  if  this  Act  had  never  been  made ;  anything  in 
 this  Act  to  the  contrary  hereof  notwithstanding. 
 
 Saving   always,    and    reserving   unto   every   person   and  A  saving 
 persons,  being  founders,  patrons,  or  donors  of  any  abbeys,  rights  of 
 priories,  or  other  religious  houses,  that  shall  be  suppressed  founders, 
 by  this  Act,  their  heirs  and  successors,  all  such  right,  title,  religious 
 interest,   possession,   rents,   annuities,   fees,    offices,   leases,  houses 
 commons,  and  all  other  profits  whatsoever,  which  any  of  ^^  s^,p. 
 them  have,  or  should  have  had,  without  fraud  or  covin,  pressed, 
 by   any  manner  of  means,   otherwise  than  by  reason  or 
 occasion  of  the  dissolution  of  the    said  abbeys,  priories, 
 or  other  religious  houses,   in,   to,  or   upon  any  the   said 
 abbeys,  priories,  or  other  religious  houses,  whereof  they  be 
 founders,  patrons,  or  donors,  or  in,  to,  or  upon  any  the 
 lands,   tenements,  or  other  hereditaments  appertaining  or 
 belonging  to  the  same,  in  like  manner,  form,  and  condition 
 as  other  persons  and  bodies  politic  be  saved  by  this  Act, 
 as  is  afore  rehearsed,  and  as  if  the  said  abbeys,  priories, 
 or  other   religious  houses  had  not  been  suppressed  and 
 dissolved  by  this  Act,  but   had   continued   still   in   their 
 essential  bodies  and  estates  as  they  be  now  in ;  anything 
 in  this  Act  to  the  contrary  hereof  notwithstanding. 
 
 And  be  it  further  enacted,  ordained,  and  established  by  Grantees 
 authority  aforesaid,  that  all  and  singular  persons,  bodies  °f  g^p,^'^^^ 
 politic  and  corporate,  to  whom  the  king's  majesty,  his  heirs  pressed 
 
268  DOCUMENTS   ILLUSTRATIVE   OF  THE     [lxi 
 
 1536.      or  successors,  hereafter  shall   give,  grant,  let,   or  demise 
 
 monas-        any  site  or  precinct,  with  the  houses  thereupon  builded, 
 
 to  keeo  ud  together  with  the  demesnes  of  any  monasteries,  priories,  or 
 
 hospitality  Other   religious   houses,   that  shall  be  dissolved  or   given 
 
 bandr^^a.     ^^  ^^^  king's  highness  by  this  Act,  and  the  heirs,  successors, 
 
 before         executors,  and  assigns  of  every  such  person,  body  politic 
 
 tomed         ^^^  corporate,   shall  be  bound  by  authority  of  this  Act, 
 
 under  the   penalties  hereafter  ensuing,  to  keep,  or  cause 
 
 to  be  kept,  an  honest  continual  house  and  household  in 
 
 the  same  site  or  precinct,  and  to  occupy  yearly  as  much  of 
 
 the  same  demesnes  in  ploughing  and  tillage  of  husbandry, 
 
 that  is  to  say,  as  much  of  the  said  demesnes  which  hath 
 
 been  commonly  used  to  be  kept  in  tillage  by  the  governors, 
 
 abbots,  or  priors  of  the  same  houses,  monasteries,  or  priories, 
 
 or  by  their  farmer  or  farmers  occupying  the  same  within 
 
 the  time  of  twenty  years  next  before  this  Act. 
 
 Penalties         ^^'^  if  ^"Y  person  or  persons,  bodies  politic  or  corporate, 
 
 for  neglect-  that  shall  be  bounden  by  this  Act,  do  not  keep  an  honest 
 
 dJ!  household  husbandry  and  tillage,  in  manner  and  form  as 
 
 is  aforesaid,  that  then  he  or  they  so  offending  shall  forfeit 
 
 to  the  king's  highness   for  every  month  so  offending,  six 
 
 pounds  thirteen  shillings  and  fourpence,  to  be  recovered  to 
 
 his  use  in  any  of  his  courts  of  record. 
 
 Justices  of      And  over  that  it  is  enacted  by  authority  aforesaid,  that 
 
 peace  shall  j^|j  iustices  of  peace,  in  every  shire  where  any  such  offence 
 
 inquire  of  ^^  l  7  j  j 
 
 and  punish  shall  be  committed  or  done,  contrary  to  the  true  meaning 
 offenders,  ^j^^  intent  of  this  present  Act,  shall,  in  every  quarter  and 
 general  sessions  within  the  limits  of  their  commission, 
 inquire  of  the  premises,  and  shall  have  full  power  and 
 authority  to  hear  and  determine  the  same,  and  to  tax  and 
 assess  no  less  fine  for  every  the  said  offences,  than  is  afore 
 limited  for  the  same  offences,  and  the  estreats  thereof  to 
 be  made  and  certified  into  the  king's  exchequer,  according 
 and  at  such  time  and  form  as  other  estreats  of  fines,  issues, 
 and  amerciaments  are  made  by  the  same  justices. 
 
LXii]     HISTORY  OF  THE  ENGLISH  CHURCH  26g 
 
 LXII. 
 
 THE  FIRST  ROYAL  INJUNCTIONS  OF 
 HENRY  VIII,  A.D.   1536. 
 
 These  injunctions  were  issued  by  the  king  in  the  summer  of  1536.  1536. 
 shortly  after  the  passing  of  the  Ten  Articles  by  Convocation. 
 Wriothesley  (Chronicle,  p.  55)  says  of  them  that  '  this  was  the  first 
 act  of  pure  supremacy  done  by  the  king,  for  in  all  that  had  gone 
 before  he  had  acted  with  the  concurrence  of  Convocation.'  They  are 
 also  to  be  noted  as  the  first  of  the  Tudor  Injunctions, 
 
 [Transcr.  Cranmer's  Register,  fol.  97  b.] 
 
 In  the  name  of  God,  Amen.     In  the  year  of  our  Lord  Crumwell, 
 God  1^x6,  and  of  the  most  noble  reign  of  our  sovereia:n  f!  ^^,^  . 
 
 ^"-^  o  .  o     kings  vice- 
 
 lord  Henry  VIII,  king  of  England  and  of  France,  the  twenty-  gerent, 
 
 eighth  year,  and  the day  of ,  I,  Thomas  Crumwell, 
 
 knight,  Lord  Crumwell,  keeper  of  the  privy  seal  of  our  said 
 
 sovereign  lord  the  king,  and  vicegerent  unto  the  same,  for 
 
 and  concerning  all  his  jurisdiction  ecclesiastical  within  this 
 
 realm,  visiting  by  the  king's  highness's  supreme  authority  appoints 
 
 ecclesiastical  the  people  and  clergy  of  this  deanery  of by  ,-uncdon"s 
 
 my  trusty  commissary lawfully  deputed  and  constituted  which 
 
 for  this  part,  have  to  the  glory  of  Almighty  God,  to  the  king's  °  °^ 
 
 highness's  honour,  the  public  weal  of  this  his  realm,  and 
 
 increase  of  virtue  in  the  same,  appointed  and  assigned  these 
 
 injunctions  ensuing,  to  be  kept  and  observed  of  the  dean,  to  all  with 
 
 parsons,  vicars,  curates,  and  stipendiaries  resident  or  having  g^J^^^^j^  ^^^^ 
 
 cure  of  souls,  or  any  other  spiritual  administration  within  deanery 
 
 this   deanery,  under  the  pains  hereafter  limited   and   ap-  ^^^^^^   * 
 
 pointed. 
 
 The  first  is,  that  the  dean,  parsons,  vicars,  and  others  ^-  '^^^ 
 
 ^  '  clergy  are 
 
 havmg  cure  of  souls  anywhere  within  this  deanery,  shall  to  observe 
 
270  DOCUMENTS  ILLLSTRATIVE  OF  THE     [lxii 
 
 1536.      faithfully  keep  and  observe,  and  as  far  as  in  them  may  lie, 
 all  anti-      shall  cause  to   be  observed   and  kept   of  other,  all   and 
 
 papal  laws,     ...  ,  ^   ,  .  ,  ,     ^       ,        ,     ,.  , 
 
 smgular  laws  and  statutes  of  this  realm  made  for  the  abolish- 
 ing and  extirpation  of  the  Bishop  of  Rome's  pretensed  and 
 usurped  power  and  jurisdiction  within  this  realm,  and  for 
 
 the  royal     the  establishment  and  confirmation  of  the  king's  authority 
 
 supremacy,  ^j-^^^  jurisdiction  within  the  same,  as  of  the  supreme  head  of 
 the  Church  of  England,  and  shall  to  the  uttermost  of  their 
 wit,  knowledge,  and  learning,  purely,  sincerely,  and  without 
 any  colour  or  dissimulation  declare,  manifest,  and  open  for 
 the  space  of  one  quarter  of  a  year  now  next  ensuing,  once 
 
 and  to         every  Sunday,  and  after  that  at  the  leastwise  twice  every 
 
 preach        quarter,   in  their  sermons  and  other   collations,   that   the 
 
 against  the      . 
 
 pope's        Bishop  of  Rome's  usurped  power  and  jurisdiction,  having  no 
 
 usurped      establishment  nor  ground  by  the  law  of  God,  was  of  most 
 power.         .  . 
 
 just  causes  taken  away  and  aboHshed ;  and  therefore  they 
 
 owe  unto  him  no  manner  of  obedience  or  subjection,  and 
 
 that  the  king's  power  is  within  his  dominion  the  highest 
 
 power  and  potentate  under  God,  to  whom  all  men  within 
 
 the   same   dominion    by  God's   commandment   owe  most 
 
 loyalty  and  obedience,  afore  and  above  all  other  powers  and 
 
 potentates  in  earth. 
 
 2.  The  Ten      Item,  whereas  certain  Articles  were  lately  devised  and  put 
 
 to^be  ex^^^  forth  by  the  king's  highness's  authority,  and  condescended 
 
 plained  by  upon  by  the  prelates  and  clergy  of  this  his  realm,  in  Convo- 
 
 t  e  c  ergy  nation,  whereof  part  are  necessary  to  be  holden  and  believed 
 
 people.       for  our  salvation,  and  the  other  part  do  concern  and  touch 
 
 certain  laudable  ceremonies,  rites,  and  usages  of  the  Church 
 
 meet  and  convenient  to  be  kept  and  used  for  a  decent  and 
 
 a  politic  order  in  the  same ;  the  said  dean,  parsons,  vicars,  and 
 
 other  curates  shall  so  open  and  declare  in  their  said  sermons 
 
 and  other  collations  the  said  Articles  unto  them  that  be 
 
 under  their  cure,  that  they  may  plainly  know  and  discern 
 
 which  of  them  be  necessary  to  be  believed  and  observed 
 
 fpr  their  salvation ;  and  which  be  not  necessary,  but  only  do 
 
Lxii]     HISTORY  OF  THE  ENGLISH  CHURCH  271 
 
 concern  the  decent  and  politic  order  of  the  said  Church,      1536. 
 according  to  such  commandment  and  admonition  as  has 
 been  given  unto  them  heretofore  by  authority  of  the  king's 
 highness  in  that  behalf. 
 
 Moreover,  that  they  shall  declare  unto  all   such  as  be  3.  The  new 
 under  their  cure  the  Articles  likewise  devised,  put  forth,  ^^''^"g^- 
 
 .  ment  as  to 
 
 and  authorized  of  late  for  and  concerning  the  abrogation  of  holy  days 
 certain  superfluous  holy  days,  according  to  the  effect  and  ^^  ^°  ^^ 
 purport  of  the  same  Articles,  and  persuade  their  parishioners 
 to  keep  and  observe  the  same  inviolably,  as  things  holily 
 provided,  decreed,  and  established  by  common  consent  and 
 public  authority  for  the  weal,  commodity,  and  profit  of  all 
 this  realm. 
 
 Besides   this,   to   the   intent    that   all    superstition    and  4-  They 
 hypocrisy,  crept  into  divers  men's  hearts,  may  vanish  away,  bearsuper- 
 they  shall  not  set  forth  or  extol  any  images,  relics,  or  miracles  stitious 
 for  any  superstition  or  lucre,  nor  allure  the  people  by  any  nles^nd 
 enticements  to  the  pilgrimage  of  any  saint,  otherwise  than  so  to  teach 
 is  permitted  in  the  Articles  lately  put  forth  by  the  authority  people, 
 of  the  king's  majesty  and  condescended  upon  by  the  prelates 
 and  clergy  of  this  his  realm  in  Convocation,  as  though  it 
 were  proper  or  peculiar  to  that  saint  to  give  this  commodity 
 or  that,  seeing  all  goodness,  health,  and  grace  ought  to  be 
 both  asked  and  looked  for  only  of  God,  as  of  the  very 
 Author  of  the  same,  and  of  none  other,  for  without  Him  that 
 cannot    be   given ;     but    they   shall   exhort   as  well   their 
 parishioners  as  other  pilgrims,   that  they  do  rather  apply 
 themselves  to  the  keeping  of  God's  commandments  and 
 fulfilling  of  His  works  of  charity,  persuading  them  that  they 
 shall  please  God  more  by  the  true  exercising  of  their  bodily 
 labour,    travail,    or   occupation,    and    providing    for    their 
 families,  than  if  they  went  about  to  the  said  pilgrimages ; 
 and  that  it  shall  profit  more  their  soul's  health,  if  they  do 
 bestow  that  on  the  poor  and  needy,  which  they  would  have 
 bestowed  upon  the  said  images  or  relics. 
 
272  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxii 
 
 1536.  Also  in  the  same  their  sermons  and  other  collations,  the 
 
 5-  They      parsons,  vicars,  and  other  curates  abovesaid  shall  dihgently 
 are  to  pro-  ^  '  '  o         7 
 
 cure  the      admonish  the  fathers  and  mothers,  masters  and  governors 
 
 teaching     of  vouth,  being  within  their  cure,  to  teach  or  cause  to  be 
 of  the  \       '         °„  -  ,  '  .  1    •    .   r 
 
 Lord's        taught  their  children  and  servants,  even  from  their  infancy, 
 
 Prayer,  their  '  Pater  noster,'  the  Articles  of  our  faith,  and  the  Ten 
 and  Ten  Commandments  in  their  mother  tongue ;  and  the  same  so 
 Command-  taught,  shall  cause  the  said  youth  oft  to  repeat  and  under- 
 stand ;  and  to  the  intent  this  may  be  the  more  easily  done, 
 the  said  curates  shall  in  their  sermons  deliberately  and 
 plainly  recite  oft  the  said  '  Pater  noster,'  the  Articles  ot  our 
 faith,  and  the  Ten  Commandments,  one  clause  or  Article  one 
 day,  and  another  another  day,  till  the  whole  be  taught  and 
 learned  by  little ;  and  shall  deliver  the  same  in  writing,  or 
 show  where  printed  books  containing  the  same  are  to  be 
 sold,  to  them  that  can  read  or  will  desire  the  same ;  and 
 thereto  that  the  said  fathers  and  mothers,  masters  and 
 governors  do  bestow  their  children  and  servants,  even  from 
 their  childhood,  either  to  learning,  or  to  some  other  honest 
 exercise,  occupation,  or  husbandry,  exhorting,  counselling, 
 and  by  all  the  ways  and  means  they  may^  as  well  in  their 
 and  to  en-  said  sermons  and  collations,  as  other  ways,  persuading  the 
 
 courage      g^-^  fathers,  mothers,  masters,  and  other  a-overnors,  being 
 the  proper  '  '  '  _  °  . 
 
 instruc-       under   their    cure   and   charge,   diligently  to  provide   and 
 
 tion  and     foresee  that  the  said  youth  be  in  no  manner  wise  kept  or 
 
 ■weliare  of  ■'  ^ 
 
 the  young,  brought  up  in  idleness,  lest  at  any  time  afterward  they  be 
 driven,  for  lack  of  some  mystery  or  occupation  to  live  by, 
 to  fall  to  begging,  stealing,  or  some  other  unthriftiness ;  for- 
 asmuch as  we  may  daily  see  through  sloth  and  idleness 
 divers  valiant  men  fall,  some  to  begging  and  some  to  theft 
 and  murder,  which  after,  brought  to  calamity  and  misery, 
 imputed  great  part  thereof  to  their  friends  and  governors, 
 which  suffered  them  to  be  brought  up  so  idly  in  their 
 youth ;  where  if  they  had  been  well  educated  and  brought 
 .   up  in  some  good  literature,  occupation,  or  mystery,  they 
 
LXii]      HISTORY  OF   THE  ENGLISH  CHURCH  273 
 
 should,  being  rulers  of  their  own  family,  have  profited  as      153G. 
 well  themselves,  as  divers  other  persons,  to  the  great  com- 
 modity and  ornament  of  the  common  weal. 
 
 Also,  that  the  said  parsons,  vicars,  and  other  curates  shall  6.  They 
 diligently  provide  that  Sacrament  and  sacramentals  be  duly  ^1"^  ^°  P''°' 
 and  reverently  ministered  in  their  parishes ;  and  if  at  any  the  due 
 time  it  happen  them  other  in  any  of  the  cases  expressed  in  f'^"!^"'^- 
 
 ^^  ■'  ^  tration  of 
 
 the  statutes  of  this  realm,  or  of  special  licence  given  by  the  the  Sacra- 
 king's  majesty,  to  be  absent  from  their  benefices,  they  shall  ^"^^*'^- 
 leave  their  cures,  not  to  a  rude  and  unlearned  person,  but  to 
 an  honest,  well  learned,  and  expert  curate,  that  may  teach 
 the  rude  and  unlearned  of  their  cure  wholesome  doctrine, 
 and  reduce  them  to  the  right  way  that  do  err ;  and  always  let 
 them  see  that  neither  they  nor  their  vicars  do  seek  more 
 their  own  profit,  promotion,  or  advantage,  than  the  profit  of 
 the  souls  that  they  have  under  their  cure,  or  the  glory  of  God. 
 
 Also,  the  said  dean,  parsons,  vicars,  curates,  and  other  7-  Theyare 
 priests  shall  in  no  wise,  at  any  unlawful  time,  nor  for  any  ^aunt 
 other  cause  than  for  their  honest  necessity,  haunt  or  resort  taverns, 
 to  any  taverns  or  alehouses,  and  after  their  dinner  or  supper 
 they  shall  not  give  themselves  to  drinking  or  riot,  spending 
 their  time  idly,  by  day  or  by  night,  at  tables  or  card-playing, 
 or  any  other  unlawful  game ;  but  at  such  times  as  they  shall 
 have  such  leisure  they  shall  read  or  hear  somewhat  of  Holy  but  to  give 
 Scripture,    or   shall    occupy   themselves   with   some    other  themselves 
 honest  exercise,  and  that  they  always  do  those  things  which  study  of 
 appertain  to  good  congruence  and  honesty,  with  profit  of  ^'^'"'P^"^^' 
 the  commonweal,   having  always  in  mind  that  they  ought  and  to  be 
 to  excel  all  other  in  purity  of  life,  and  should  be  example  to  ^°°^  , 
 
 t-         •'  ^  J-  examples. 
 
 all  Other  to  live  well  and  Christianly. 
 
 Furthermore,  because  the  goods  of  the  Church  are  called  8.  Non- 
 
 the  goods  of  the  poor,  and  at  these  days  nothing  is  less  [^^^^{^5"^^,.^ 
 
 seen  than  the  poor  to  be  sustained  with  the  same,  all  par-  to  be  ready 
 
 sons,  vicars,  pensionaries,  prebendaries,  and  other  beneficed  J^^g^^ 
 
 men  within  this  deanery,   not  being  resident  upon  their 
 
274  DOCUMENTS  ILLUSTRATIVE   OF   THE      [lxii 
 
 1530.  benefices,  which  may  dispend  yearly  twenty  pounds  or  above 
 within  this  deanery  or  elsewhere,  shall  distribute  hereafter 
 yearly  amongst  their  poor  parishioners,  or  other  inhabitants 
 there,  in  the  presence  of  the  churchwardens  or  some  other 
 honest  men  of  the  parish,  the  fortieth  part  of  the  fruits 
 and  revenues  of  their  said  benefices,  lest  they  be  worthily 
 noted  of  ingratitude,  w^iich,  reserving  so  many  parts  to  them- 
 selves, cannot  vouchsafe  to  impart  the  fortieth  portion  there- 
 of amongst  the  poor  people  of  that  parish,  that  is  so  fruitful 
 and  profitable  unto  them. 
 
 9.  Clergy  And  to  the  intent  that  learned  men  may  hereafter  spring 
 ^^'^  ^  the  more  for  the  execution  of  the  premises,  every  parson, 
 
 means  are      _  i  ■>  j    v  ^ 
 
 to  support  vicar,  clerk,  or  beneficed  man  within  this  deanery,  having 
 
 ^^  ^'  '■       yearly  to  dispend,  in  benefices  and  other  promotions  of  the 
 
 Church,  an  hundred  pounds,  shall  give  competent  exhibition 
 
 to  one  scholar,  and  for  as  many  hundred  pounds  more  as 
 
 he  may  dispend,  to  so  many  scholars  more  shall  give  like 
 
 exhibition  in  the  University  of  Oxford  or  Cambridge,  or 
 
 some  grammar  school,  w^hich,  after  they  have  profited  in 
 
 who  shall    good  learning,  may  be  partners  of  their  patron's  cure  and 
 
 serve  with  charge,  as  well  in  preaching  as  otherwise  in  the  execution  of 
 
 elsewhere,  their  offices,  or  may,  when  need  shall  be,  otherwise  profit  the 
 
 commonwealth  with  their  counsel  and  wisdom. 
 
 10.  The  Also,  that  all  parsons,  vicars,  and  clerks,  having  churches, 
 clergy  are  chapels,  or  mansions  within  this  deanery,  shall  bestow 
 i:^ood  all  yearly  hereafter  upon  the  same  mansions  or  chancels  of 
 dilapida-     ^j^^jj.  churches,  being  in  decay,  the  fifth  part  of  their  bene- 
 
 lions  St  3. 
 
 given  rate,  fices,  till  they  be  fully  repaired,  and  the  same,  so  repaired, 
 shall  always  keep  and  maintain  in  good  state. 
 
 All  which  and  singular  Injunctions  shall  be  inviolably 
 observed  of  the  said  dean,  parsons,  vicars,  curates,  stipen- 
 diaries, and  other  clerks  and  beneficed  men,  under  the  pain 
 of  suspension  and  sequestration  of  the  fruits  of  their  bene- 
 fices, until  they  have  done  their  duty  according  to  these 
 injunctions.  , 
 
LXiii]      HISTORY  OF  THE   ENGLISH   CHURCH  275 
 
 LXIII. 
 
 THE  SECOND  ROYAL  INJUNCTIONS  OF 
 HENRY  VIII,  A.D.   1538. 
 
 These  second  Injunctions  were  drawn  up  by  Crumwcll,  and  sent       1538. 
 by  him  tq^  Cranmer   in  a  letter   dated  September  30,  [1538].     On 
 October  11  following  Cranmer  issued,  to   the  Archdeacons   of  the 
 province,  or  their  officials,  a  mandate  for  their  publication  (Wilkins, 
 iii.  837).    Wilkins  has  printed  them  under  the  year  1536  (ibid.  815). 
 
 [Transcr.  Cranmer's  Register,  fol.  215  b.] 
 
 In  the  name  of  God,  Amen.  By  the  authority  and  com-  Crum- 
 mission  of  the  most  excellent  Prince  Henry,  by  the  grace  of  ^^^^1.^53 
 God  king  of  England  and  of  France,  defender  of  the  faith, 
 lord  of  Ireland,  and  in  earth  supreme  head  under  Christ  of 
 the  Church  of  England,  I,  Thomas,  lord  Crumwell,  lord 
 privy  seal,  vicegerent  to  the  king's  said  highness  for  all  his 
 jurisdictions  ecclesiastical  within  this  realm,  do  for  the  ad- 
 vancement of  the  true  honour  of  Almighty  God,  increase  of 
 virtue,  and  discharge  of  the  king's  majesty,  give  and  exhibit 
 
 unto   you  these   injunctions   following,    to    be   kept, 
 
 observed,  and  fulfilled  upon  the  pains  hereafter  declared. 
 
 First,  that  you  shall  truly  observe  and  keep  all  and  singular  i-  Confir- 
 
 ,       1  .       ,     ,  .   ,  ,     •    •  •  •  1  c         mation  of 
 
 the  kmg  s  highness  s  mjunctions  given  unto  you  heretoiore  preceding 
 in  my  name  by  his  grace's  authority,  not  only  upon  the  pains  injunc- 
 therein  expressed,  but  also  in  your  default  now  after  this 
 second  monition  continued,  upon  further  punishment  to  be 
 straitly  extended  towards  you  by  the  king's  highness's  arbi- 
 trament or  his  vicegerent  aforesaid. 
 
 Item,  that  you  shall  provide  on  this  side  the  feast  of  Easter  2.  The 
 next  coming,  one  book  of  the  whole  Bible  of  the  largest  ^^  |^^  ^^j. 
 volume,  in  English,  and  the  same  set  up  in  some  convenient  up  in 
 place  within  the  said  church  that  you  have  cure  of,  whereas 
 your   parishioners  may  most   commodiously  resort  to  the 
 
 T  2 
 
276  DOCUMENTS   ILLUSTRATIVE   OF   THE      [lxiii 
 
 1538.  same,  and  read  it ;  the  charges  of  which  book  shall  be 
 rateably  borne  between  you,  the  parson,  and  the  parishioners 
 aforesaid,  that  is  to  say,  the  one  half  by  you,  and  the  other 
 half  by  them. 
 
 3.  Bible  Item,  that  you  shall  discourage  no  man  privily  or  apertly 
 reading  to  fj-Qj-^^  ^-j^g  reading  or  hearing  of  the  said  Bible,  but  shall  ex- 
 moted,  but  pressly  provoke,  stir,  and  exhort  every  person  to  read  the 
 without  same,  as  that  which  is  the  very  lively  word  of  God,  that  every 
 tion.           Christian  man  is  bound  to  embrace,  believe,  and  follow,  if 
 
 he  look  to  be  saved ;  admonishing  them  nevertheless,  to 
 avoid  all  contention  and  altercation  therein,  and  to  use  an 
 honest  sobriety  in  the  inquisition  of  the  true  sense  of  the 
 same,  and  refer  the  explication  of  obscure  places  to  men  of 
 higher  judgment  in  Scripture. 
 
 4.  Regular      Item,  that  you  shall  every  Sunday  and  holy  day  through 
 
 ^"^h  "c^-^'°"  the  year  openly  and  plainly  recite  to  your  parishioners  twice 
 
 in  the         or  thrice  together,  or  oftener,  if  need  require,  one  particle 
 
 Articles  of  ^^  sentence  of  the  '  Pater  noster '  or  Creed,  in  English,  to 
 the  Chris-  ^ 
 
 tian  faith,  the  intent  they  may  learn  the  same  by  heart,  and  so  from 
 day  to  day  to  give  them  one  like  lesson  or  sentence  of  the 
 same,  till  they  have  learned  the  whole  '  Pater  noster '  and 
 Creed,  in  English,  by  rote;  and  as  they  be  taught  every 
 sentence  of  the  same  by  rote,  you  shall  expound  and  declare 
 the  understanding  of  the  same  unto  them,  exhorting  all 
 parents  and  householders  to  teach  their  children  and  ser- 
 vants the  same,  as  they  are  bound  in  conscience  to  do,  and 
 that  done,  you  shall  declare  unto  them  the  Ten  Command- 
 ments, one  by  one,  every  Sunday  and  holy  day,  till  they  be 
 likewise  perfect  in  the  same. 
 
 5.  The  Item,  that  you  shall  in  confessions  every  Lent  examine 
 people  s  eY^gj-y  person  that  comes  to  confession  to  you,  whether  they 
 of  the  fore-  can  recite  the  Articles  of  our  faith  and  the  'Pater  noster,' 
 going  to  jj^  English,  and  hear  them  say  the  same;  particularly 
 every  wherein  if  they  be  not  perfect,  you  shall  declare  to  the  same 
 Lent.         ^i^^j.  every  Christian  person  ought  to  know  the  same  before 
 
Lxiii]      HISTORY  OF  THE  ENGLISH  CHURCH  277 
 
 they  should  receive  the  blessed  Sacrament  of  the  altar,  and  1538. 
 monish  them  to  learn  the  same  more  perfectly  by  the 
 next  year  following,  or  else  like  as  they  ought  not  to 
 presume  to  come  to  God's  board  without  perfect  knowledge 
 of  the  same ;  and  if  they  do,  it  is  to  the  great  peril  of  their 
 souls :  so  you  shall  declare  unto  them,  that  you  look  for 
 other  injunctions  from  the  king's  highness  by  that  time,  to 
 stay  and  repel  all  such  from  God's  board,  as  shall  be  found 
 ignorant  in  the  premises ;  whereof  you  do  thus  admonish 
 them,  to  the  intent  they  should  both  eschew  the  peril  of 
 their  souls,  and  also  the  worldly  rebuke  that  they  might 
 incur  hereafter  by  the  same. 
 
 Item,  that  you  shall  make,  or  cause  to  be  made  in  the  said  6.  Scrip- 
 church,  and  every  other  cure  you  have,  one  sermon  every  j^o^sTobc 
 quarter  of  the  year  at  the  least,  wherein  you  shall  purely  and  preached, 
 sincerely  declare  the  very  gospel  of  Christ,  and  in  the  same  g^jtion^t-o^' 
 exhort  your  hearers  to  the  works  of  charity,  mercy,  and  be  dis- 
 faith,  specially  prescribed  and  commanded  in  Scripture,  and  ^°^^^st-  • 
 not  to  repose  their  trust  or  affiance  in  any  other  works 
 devised  by  men's  phantasies  beside  Scripture  ;  as  in  wander- 
 ing to  pilgrimages,  offering  of  money,  candles,  or  tapers  to 
 images  or  relics,  or  kissing  or  licking  the  same,  saying  over 
 a  number  of  beads,  not  understood  or  minded  on,  or  in 
 such-like  superstition,  for  the  doing  whereof  you  not  only 
 have  no  promise  of  reward  in  Scripture,  but  contrariwise, 
 great  threats  and  maledictions  of  God,  as  things  tending  to 
 idolatry  and  superstition,  which  of  all  other  offences  God 
 Almighty  does  most  detest  and  abhor,  for  that  the  same 
 diminishes  most  His  honour  and  glory. 
 
 Item,  that  such  feigned  images  as  you  know  in  any  of  7-  Images, 
 
 c?  iicllcs 
 
 your  cures  to  be  so  abused  with  pilgrimages  or  offerings  of  ^^^  ^^  j^g 
 anything  made  thereunto,  you  shall  for  avoiding  that  most  taken 
 detestable    offence   of  idolatry   forthwith    take   down   and  certain  ex- 
 delay,  and  shall  suffer  from  henceforth  no  candles,  tapers,  ceptions, 
 or  miages  of  wax  to  be  set  aiore  any  nnage  or  picture,  out  struction 
 
278  DOCUMENTS  ILLUSTRATIVE   OE  THE     [lxiii 
 
 1538.      only  the  light  that  commonly  goeth  across  the  church  by 
 
 concern-     ^^iQ  rood  loft,  the  light  before  the  Sacrament  of  the  altar, 
 
 use  and       and  the  light  about  the  sepulchre,  which  for  the  adorning 
 
 abuse  to  be  ^f  |-|^g  church  and  divine  service  you  shall  suffer  to  remain ; 
 given.  .  ,  .  ...  ,         .  - 
 
 Still  admonishmg  your  parishioners  that  images  serve  for 
 
 none  other  purpose  but  as  to  be  books  of  unlearned  men 
 
 that  cannot  know  letters,  whereby  they  might  be  otherwise 
 
 admonished  of  the  lives  and  conversation  of  them  that  the 
 
 said  images  do  represent ;  which  images,  if  they  abuse  for 
 
 any  other  intent  than  for  such  remembrances,  they  commit 
 
 idolatry  in  the  same  to  the  great  danger  of  their  souls  :  and 
 
 therefore  the  king's  highness^  graciously  tendering  the  weal 
 
 of  his  subjects'  souls,  has  in  part  already,  and  more  will 
 
 •  hereafter  travail  for  the  abolishing  of  such  images,  as  might 
 
 be  occasion  of  so  great  an  offence  to  God,  and  so  great 
 
 a  danger  to  the  souls  of  his  loving  subjects. 
 
 8.  Provi-  Item,  that  all  in  such  benefices  or  cures  as  you  have, 
 sion  to  be  ^yhereupon  you  be  not  yourself  resident,  you  shall  appoint 
 where  the  such  curates  in  your  stead,  as  both  can  by  their  ability,  and 
 
 clergy  are  ^-^  ^^^^  promptly  execute  these  Injunctions  and  do  their 
 
 non-resi- 
 
 dent.  duty ;  otherwise  that  you  are  bound  in  every  behalf  accord- 
 
 ingly, and  may  profit  their  cure  no  less  with  good  example 
 of  living,  than  with  declaration  of  the  word  of  God ;  or  else 
 their  lack  and  defaults  shall  be  imputed  unto  you,  who 
 shall  straitly  answer  for  the  same,  if  they  do  otherwise. 
 
 9.  Duly  Item,  that  you  shall  admit  no  man  to  preach  within  any 
 licensed  y^^j-  benefices  or  cures,  but  such  as  shall  appear  unto  you 
 only  are  to  to  be  sufficiently  licensed  thereunto  by  the  king's  highness 
 officiate,      qj-  his  grace's  authority,  by  the  Archbishop  of  Canterbury,, 
 
 or  the  bishop  of  this  diocese;  and  such  as  shall  be  so 
 licensed  you  shall  gladly  receive  to  declare  the  word  of 
 God,  without  any  resistance  or  contradiction. 
 
 10.  Clergy  Item,  if  you  have  heretofore  declared  to  your  parishioners 
 to  recant     anything  to  the  extolling   or  setting  forth  of  pilgrimages, 
 
 erroneous    ^  .  ,       ,.  .  u  .•.•  1     ,1 
 
 teaching     feigned  relics,  or  images,  or  any  such  superstition,  you  shall 
 
LXiii]      HISTORY  OF  THE  ENGLISH  CHURCH  279 
 
 now  openly,  afore  the  same^,  recant  and  reprove  the  same,      1538. 
 showing  them,  as  the  truth  is,  that  you  did  the  same  upon  no  '^^^^^^  P^'' 
 ground  of  Scripture,  but  as  one  being  led  and  seduced  by  a  relics,''im- 
 common  error  and  abuse  crept  into  the  Churchy  through  the  ^S^^'  '^*^- 
 sufferance  and  avarice  of  such  as  felt  profit  by  the  same. 
 
 Item,  if  you  do  or  shall  know  any  man  within  your  parish,  n.  Those 
 or  elsewhere,  that  is  a  letter  of  the  word  of  God  to  be  read  ^^1^°  '^'Jth- 
 
 stand  the 
 in  English,  or  sincerely  preached,  or  of  the  execution  of  tenor  of 
 
 these  Injunctions,   or  a  fautor  of  the  Bishop  of  Rome's  ^'^^^f.^"' 
 
 ■'  ^  junctions 
 
 pretensed    power,    now   by   the   law   of  this   realm   justly  to  be  pre- 
 
 rejected  and   extirped,    you  shall   detect   and  present  the  ^^"^^^• 
 
 same  to  the  king's  highness,  or  his  honourable  council,  or 
 
 to  his  vicegerent  aforesaid,   or  the  justice  of  peace  next 
 
 adjoining. 
 
 Item,  that  you,  and  every  parson,  vicar,  or  curate  within  12.  Parish 
 
 this   diocese,  shall   for   every  church    keep    one   book   or  f^S'^^f ^^ 
 
 \  ^  to  be  kept 
 
 register,  wherein  ye  shall  write  the  day  and  year  of  every  and  en- 
 wedding,  christening,  and  burying  made  within  your  parish  *^^^^*^^  ^° 
 for  your  time,  and  so  every  man  succeeding  you  likewise ;  chest, 
 and  also  there  insert  every  person's  name  that  shall  be  so 
 wedded,  christened,  or  buried ;  and  for  the  safe  keeping  of 
 the  same  book,  the  parish  shall  be  bound  to  provide  of 
 their  common  charges  one  sure  coffer  with  two  locks  and 
 keys,  whereof  the  one  to  remain  with  you,  and  the  other 
 with  the  wardens  of  every  such  parish,  wherein  the  said 
 book  shall  be  laid  up ;  which  book  you  shall  every  Sunday 
 take  forth,  and  in  the  presence  of  the  said  wardens,  or  one 
 of  them,  write  and  record  in  the  same  all  the  weddings, 
 christenings,   and  buryings  made  the  whole  week  before, 
 and  that  done,  to  lay  up  the  book  in  the  said  coffer  as 
 before ;  and  for  every  time  that  the  same  shall  be  omitted, 
 the  party  that  shall  be  in  the  fault  thereof  shall  forfeit  to  the 
 said  church  three  shillings  and  fourpence,  to  be  employed  on 
 the  reparation  of  the  same  church. 
 
 Item,  that  you  shall  once  every  quarter  of  a  year  read  these 
 
28o  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxiii 
 
 ]53S.      and  the  other  former  Injunctions  given  unto  you  by  the 
 
 13.  These  authority  of  the  king's  highness,  openly  and  dehberately 
 
 and  the         ,      ^  ,,  .   ,  .  ,        •  ^         ^       ^ 
 
 previous  before  all  your  parishioners,  to  the  intent  that  both  you  may 
 Injunc-       ]^Q   the  better  admonished  of  your  duty,   and  your   said 
 
 tions  to  .    ,    .  ,  .         .         ,  ,  r         .^       • 
 
 be  read       parishioners  the  more  incited  to  ensue  the  same  tor  their 
 
 quarterly,     p^^j-j-^ 
 
 14.  Tithes      Item,  forasmuch  as  by  a  law  established,  every  man  is 
 andclere-v'  t>ound  to  pay  his  tithes,  no  man  shall,  by  colour  of  duty 
 who  ne-     omitted  by  their  curates,  detain  their  tithes,  and  so  redub 
 duly  tV be  ^"^  wroiig  with  another,   or  be  his  own  judge;  but  shall 
 reported,    truly  pay  the  same,  as  has  been  accustomed,  to  their  par- 
 sons and  curates,  without  any  restraint  or  diminution  ;  and 
 such  lack  or  default  as  they  can  justly  find  in  their  parsons 
 and  curates,  to  call  for  reformation  thereof  at  their  ordin- 
 aries' and  other  superiors'  hands,  who  upon  complaints  and 
 due  proof  thereof  shall  reform  the  same  accordingly. 
 
 15.  Clergy  Item,  that  no  parson  shall  from  henceforth  alter  or  change 
 aU^e"fasts  ^^^^  Order  and  manner  of  any  fasting  day  that  is  commanded 
 or  services  and  indicted  by  the  Church,  nor  of  any  prayer  or  divine  ser- 
 scrfbed  ^^^^'  Otherwise  than  is  specified  in  the  said  Injunctions,  until 
 without  such  time  as  the  same  shall  be  so  ordered  and  transposed 
 au  1011  y.    1^^  ^1^^  king's  highness's  authority,  the  eves  of  such  saints 
 
 whose  holy  days  be  abrogated  only  excepted,  which  shall  be 
 declared  henceforth  to  be  no  fasting  days ;  excepted  also 
 the  commemoration  of  Thomas  Bekket,  sometime  Arch- 
 bishop of  Canterbury,  which  shall  be  clean  omitted,  and 
 instead  thereof  the  ferial  service  used. 
 t6.  Knell-       Item,   that    the    knelling  of  the   '  Aves '   after  service, 
 
 ing  ot         jjj^(j  certain  other  times,  which  has  been  brousrht  in  and 
 
 '  Aves  'to  ° 
 
 be  aban-     begun  by  the  pretence  of  the  Bishop  of  Rome's  pardon, 
 
 doned.        henceforth  be  left  and  omitted,  lest  the  people  do  hereafter 
 
 trust  to  have  pardon  for  the  saying  their  '  Aves '  between 
 
 the  said  knelling,  as  they  have  done  in  times  past. 
 
 17.  Of  Item,  where  in  times  past  men  have  used  in  divers  places 
 
 sudrages     in  their  processions  to  sing  Ora  pro  twins  to  so  many  saints 
 
Lxiv]      HISTORY  OF  THE  ENGLISH  CHURCH  281 
 
 that  they  had  no  time  to  sing  the  good  suffrages  following,      1538. 
 
 as  Farce  nobis  Domine,  and  Libera  nos  Doinine.  it  must  be  '".  ^'^^ 
 
 Litany, 
 taught  and  preached  that  better  it  were  to  omit  Ora  pro 
 
 nobiSy  and  to  sing  the  other  suffrages. 
 
 All  which  and  singular  Injunctions  I  minister  unto  you,  The  pre- 
 
 and  to  your  successors,  by  the  king's  highness's  authority  to  ^^*^'"?  ^^- 
 
 me  committed  in  this  part,  which  I  charge  and  command  to  be 
 
 you  by  the  same  authority  to  observe  and  keep,  upon  pain  observed. 
 
 of  deprivation,   sequestration  of  the  fruits,  or  such  other 
 
 coercion  as  [to]  the  king's  highness,  or  his  vicegerent  for  the 
 
 time  being,  shall  be  seen  convenient. 
 
 LXIV. 
 
 ACT    FOR    THE   DISSOLUTION  OF  THE 
 GREATER  MONASTERIES,  a.d.^  1539. 
 
 31  Henry  VIII,  cap.  13. 
 
 During  the  years  1537,  1538,  and  the  early  part  of  1539,  numerous       1539. 
 further   suppressions    or   surrenders   had  taken   place ;    these  were 
 covered,  at  the  close  of  the  session  in  1539,  by  the  following  Act, 
 which  vested  all  monastic  property  in  the  king. 
 
 [Transcr.  Statutes  of  the  Realm,  iii.  733.] 
 
 Where  divers  and  sundry  abbots,  priors,  abbesses,  prior-  The  heads 
 
 esses,  and  other  ecclesiastical  governors  and  governesses  of  °eiig[o^us 
 
 divers  monasteries,  abbacies,  priories,  nunneries,  colleges,  houses 
 
 hospitals,  houses  of   friars,  and  other  religious  and  eccle-  Yeh'l'X^ 
 
 siastical  houses  and  places  within  this  our  sovereign  lord  the  Hen.  VIII, 
 
 king's  realm  of  England  and  Wales,  of  their  own  free  and  if^f^l^l 
 
 voluntary  minds,  good  wills  and  assents,  without  constraint,  ed  their 
 
 respective 
 coaction,  or  compulsion  of  any  manner  of  person  or  persons,  ,.giigiQ^,s 
 
 since  the  fourth  day  of  February,  the  twenty-seventh  year  of  houses  and 
 
 the  reign  of  our  now  Siiost  dread  sovereign  lord,  by  the  due  Passes- 
 
282  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxiv 
 
 1539.      order  and  course  of  the  common  laws  of  this  his  reahn  of 
 sions  into    En^^land,  and  by  their  sufficient  writinofs  of  record,  under 
 
 the  king  s  .  "^  ^    ^  ' 
 
 hands.  their  convent  and  common  seals,  fnave  severally  given^ 
 (y  granted,  and  by  the  same  their  writings  severally  confirmed 
 all  their  said  monasteries,  abbacies,  priories,  nunneries,  col- 
 leges, hospitals,  houses  of  friars,  and  other  religious  and 
 ecclesiastical  houses  and  places,  and  all  their  sites,  circuits, 
 and  precincts  of  the  same,  and  all  and  singular  their  manors, 
 lordships,  granges,  meases,  lands,  tenements,  meadows,  pas- 
 tures, rents,  reversions,  services,  woods,  tithes,  pensions, 
 portions,  churches,  chapels,  advowsons,  patronages,  annui- 
 ties, rights,  entries,  conditions,  commons,  leets,  courts,  liber- 
 ties, privileges,  and  franchises  appertaining  or  in  any  wise 
 belonging  to  any  such  monastery,  abbacy,  priory,  nunnery, 
 college,  hospital,  house  of  friars,  and  other  religious  and 
 ecclesiastical  houses  and  places,  or  to  any  of  them,  by 
 whatsoever  name  or  corporation  they  or  any  of  them  were 
 then  named  or  called,  and  of  what  order,  habit,  religion,  or 
 other  kind  or  quality  soever  they  or  any  of  them  then  were 
 reputed,  known,  or  taken  ;  to  have  and  to  hold  all  the  said 
 monasteries,  abbacies,  priories,  nunneries,  colleges,  hospitals, 
 houses  of  friars,  and  other  religious  and  ecclesiastical  houses 
 and  places,  sites,  circuits,  precincts,  manors,  lands,  tene- 
 ments, meadows,  pastures,  rents,  reversions,  services,  and  all 
 other  the  premises,  to  our  said  sovereign  lord,  his  heirs  and 
 successors  for  ever,  and  the  same  their  said  monasteries, 
 abbacies,  priories,  nunneries,  colleges,  hospitals,  houses  of 
 friars,  and  other  religious  and  ecclesiastical  houses  and 
 places,  sites,  circuits,  precincts,  manors,  lordships,  granges, 
 meases,  lands,  tenements,  meadows,  pastures,  rents,  rever- 
 sions, services,  and  other  the  premises,  voluntarily,  as  is 
 aforesaid,  have  renounced,  left,  and  forsaken,  and  every  of 
 them  has  renounced,  left,  and  forsaken. 
 Such  Be  it  therefore  enacted  by  the  king  our  sovereign  lord, 
 
 rehgious     ^^^^  ^Y\q  Lords  Spiritual  and  temporal,  and  the  Commons,  in 
 
LXiv]      HISTORY  OF  THE  ENGLISH  CHURCH  283 
 
 this  present  Parliament  assembled,  and  by  authority  of  the      1539. 
 same,   that   the  king  our   sovereign  lord  shall  have,  hold,  ^o^sesand 
 
 1        •  1  •        1  •     1     •  1  ,-  their  pos- 
 
 possess,  and  enjoy  to  nnii,  his  heirs  and  successors  for  ever,  sessions 
 
 all  and  singular  such  late  monasteries,  abbacies,  priories,  nun-  X^^ted  m 
 
 ^  ,  .     ,       1  the  Crown, 
 
 neries,  colleges,  hospitals,  houses  of  friars,  and  other  reli- 
 gious and  ecclesiastical  houses  and  places,  of  what  kinds, 
 natures,  qualities,  or  diversities  of  habits,  rules,  professions, 
 or  orders  they,  or  any  of  them,  were  named,  known,  or 
 called,  which  since  the  said  fourth  day  of  February,  the 
 twenty-seventh  year  of  the  reign  of  our  said  sovereign  lord, 
 have  been  dissolved,  suppressed,  renounced,  relinquished, 
 forfeited,  given  up,  or  by  any  other  mean  come  to  his  high- 
 ness ;  and  by  the  same  authority,  and  in  like  manner,  shall 
 have,  hold,  possess,  and  enjoy  all  the  sites,  circuits,  pre- 
 cincts, manors,  lordships,  granges,  meases,  lands,  tenements, 
 meadows,  pastures,  rents,  reversions,  services,  woods,  tithes, 
 pensions,  portions,  parsonages  appropriated,  vicarages, 
 churches,  chapels,  advowsons,  nominations,  patronages, 
 annuities,  rights,  interests,  entries,  conditions,  commons, 
 leets,  courts,  liberties,  privileges,  franchises,  and  other  what- 
 soever hereditaments,  which  appertained  or  belonged  to 
 the  said  late  monasteries,  abbacies,  priories,  nunneries,  col- 
 leges, hospitals,  houses  of  friars,  and  other  religious  or 
 ecclesiastical  houses  and  places,  or  to  any  of  them,  in  as 
 large  and  ample  manner  and  form  as  the  late  abbots, 
 priors,  abbesses,  prioresses,  and  other  ecclesiastical  gover- 
 nors and  governesses  of  such  late  monasteries,  abbacies, 
 priories,  nunneries,  colleges,  hospitals,  houses  of  friars,  and 
 other  religious  and  ecclesiastical  houses  and  places,  had, 
 held,  or  occupied,  or  of  right  ought  to  have  had,  holden,  or 
 occupied,  in  the  rights  of  their  said  late  monasteries,  abbacies, 
 priories,  nunneries,  colleges,  hospitals,  houses  of  friars,  or 
 other  religious  or  ecclesiastical  houses  or  places,  at  the 
 time  of  the  said  dissolution,  suppression,  renouncing,  re- 
 linquishing, forfeiting,  giving  up,  or  by  any  other  manner  of 
 
284 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxiv 
 
 1531). 
 
 The  pos- 
 session of 
 all  other 
 rehgious 
 Jiouses, 
 which 
 shall  be 
 hereafter 
 dissolved, 
 given  to 
 the  king. 
 
 mean  coming  of  the  same  to  the  king's  highness  since  the 
 fourth  day  of  February  above  specified. 
 
 And  it  is  further  enacted  by  the  authority  aforesaid,  that 
 not  only  all  the  said  late  monasteries,  abbacies,  priories,  nun- 
 neries, colleges,  hospitals,  houses  of  friars,  and  other  reli- 
 gious and  ecclesiastical  houses  and  places,  sites,  circuits, 
 precincts,  manors,  lordships,  granges,  meases,  lands,  tene- 
 ments, meadows,  pastures,  rents,  reversions,  services,  and 
 all  other  the  premises,  forthwith,  immediately,  and  pre- 
 sently; but  also  all  other  monasteries,  abbacies,  priories,  nun- 
 neries, colleges,  hospitals,  houses  of  friars,  and  all  other 
 religious  and  ecclesiastical  houses  and  places,  which  here- 
 after shall  happen  to  be  dissolved,  suppressed,  renounced, 
 relinquished,  forfeited,  given  up,  or  by  any  other  mean 
 come  unto  the  king's  highness ;  and  also  all  the  sites,  circuits, 
 precincts,  manors,  lordships,  granges,  meases,  lands,  tene- 
 ments, meadows,  pastures,  rents,  reversions,  services,  woods, 
 tithes,  pensions,  portions,  parsonages  appropriate,  vicarages, 
 churches,  chapels,  advowsons,  nominations,  patronages,  an- 
 nuities, rights,  interests,  entries,  conditions,  commons,  leets, 
 courts,  liberties,  privileges,  franchises,  and  other  heredita- 
 ments whatsoever  they  be,  belonging  or  appertaining  to  the 
 same  or  any  of  them,  whensoever  and  as  soon  as  they  shall 
 be  dissolved,  suppressed,  renounced,  relinquished,  forfeited, 
 given  up,  or  by  any  other  mean  come  unto  the  king's  highness, 
 shall  be  vested,  deemed,  and  adjudged  by  authority  of  this 
 present  Parliament,  in  the  very  actual  and  real  seisin  and 
 possession  of  the  king  our  sovereign  lord,  his  heirs  and  suc- 
 cessors for  ever,  in  the  state  and  condition  as  they  now  be; 
 and  as  though  all  the  said  late  monasteries,  abbacies,  priories, 
 nunneries,  colleges,  hospitals,  houses  of  friars,  and  other 
 religious  and  ecclesiastical  houses  and  places  so  dissolved, 
 suppressed,  renounced,  relinquished,  forfeited,  given  up,  or 
 come  to  the  king's  highness,  as  is  aforesaid,  as  also  the  said 
 monasteries,  abbacies,  priories,  nunneries,  colleges,  hospi- 
 
LXiv]      HISTORY  OF  THE   ENGLISH  CHURCH  285 
 
 tals,  houses  of  friars,  and  other  rehgious  and  ecclesiastical  1539. 
 houses  and  places,  which  hereafter  shall  happen  to  be  dis- 
 solved, suppressed,  renounced,  relinquished,  forfeited,  given 
 up,  or  come  unto  the  king's  highness,  sites,  circuits,  pre- 
 cincts, manors,  lordships,  granges,  lands,  tenements,  and 
 other  the  premises,  whatsoever  they  be,  and  every  of  them, 
 were  in  this  present  Act  specially  and  particularly  rehearsed, 
 named,  and  expressed  by  express  words,  names,  titles,  and 
 faculties,  and  in  their  natures,  kinds,  and  qualities. 
 
 And  be  it  also  enacted  by   authority  aforesaid,  that  all  All  monas- 
 the   said   late   monasteries,   abbacies,    priories,   nunneries,  ^!^  !f?^^ 
 colleges,  hospitals,  houses  of  friars,  and  other  religious  and  within  the 
 ecclesiastical   houses  and  places,  which  beinaj  dissolved,  1^^"""^^  °J 
 
 /  '  *  '  the  court 
 
 suppressed,  renounced,  relinquished,  given  up,  or  come  to  ofaugmen- 
 the  king's  highness  by  any  manner  of  means  as  is  aforesaid,  *^^'°"^' 
 and  all  the  manors,  lordships,  granges,  lands,  tenements,  such  as 
 and  other  the  premises  (except  such  thereof  as  be  come  to  ^'^^^  ^^ 
 the  king's  hands  by  attainder  or  attainders  of  treason),  and 
 all  the  said  monasteries,  abbacies,  priories,  nunneries, 
 colleges,  hospitals,  houses  of  friars,  and  other  religious  and 
 ecclesiastical  houses  or  places,  which  hereafter  shall  happen 
 to  be  dissolved,  suppressed,  renounced,  relinquished,  for- 
 feited, given  up,  or  come  unto  the  king's  highness,  and  all 
 the  manors,  lordships,  granges,  lands,  tenements,  meadows, 
 pastures,  rents,  reversions,  services,  woods,  tithes,  portions, 
 pensions,  parsonages  appropriate,  vicarages,  churches, 
 chapels,  advowsons,  nominations,  patronages,  annuities, 
 rights,  interests,  entries,  conditions,  commons,  leets,  courts, 
 liberties,  privileges,  franchises,  and  other  hereditaments, 
 whatsoever  they  be,  belonging  to  the  same,  or  to  any  of 
 them  (except  such  thereof  which  shall  happen  to  come  to 
 the  king's  highness  by  attainder  or  attainders  of  treason), 
 shall  be  in  the  order,  survey,  and  governance  of  our  said 
 sovereign  lord  the  king's  court  of  augmentations  of  the 
 revenues  of  his  crown,  and  of  the  chancellor,  officers,  and 
 
286  DOCUMENTS  ILLUSTRATIVE   OF  THE      [lxiv 
 
 1539.  ministers  of  the  same ;  and  all  the  farms,  issues,  revenues, 
 and  profits  coming  and  growing  of  the  premises,  and  every 
 part  thereof  (except  before  excepted),  shall  be  ordered, 
 taken,  and  received  for  the  king's  use  by  the  said  chancellor, 
 ministers,  and  officers  of  the  same  court,  in  such  and  like 
 manner  and  form  as  the  monasteries,  priories,  sites, 
 circuits,  manors,  granges,  meases,  lands,  tenements,  rents, 
 reversions,  services,  tithes,  pensions,  portions,  advowsons, 
 patronages,  rights,  entries,  conditions,  and  other  heredita- 
 ments, late  appertaining  or  belonging  unto  the  monasteries, 
 abbacies,  priories,  or  other  religious  houses  late  by 
 authority  of  Parliament  suppressed,  are  ordered,  surveyed, 
 A  general  and  governed.    Saving  to  all  and  every  person  and  persons 
 
 saving  of    ^^^  bodies  politic,  and  their  heirs  and  successors,  and  the 
 
 olner  ^  ' 
 
 men's         heirs  and  successors  of  all  and  every  of  them — other  than  the 
 
 ^^^^"*  said  late  abbots,  priors,  abbesses,  prioresses,  and  other 
 ecclesiastical  governors  and  governesses  of  the  said  late 
 monasteries,  abbacies,  priories,  nunneries,  colleges,  hos- 
 pitals, houses  of  friars,  and  other  religious  and  ecclesiastical 
 houses  and  places,  and  their  successors  and  the  successors 
 of  every  of  them,  and  such  as  pretend  to  be  founders, 
 patrons,  or  donors  of  such  monasteries,  abbacies,  priories, 
 nunneries,  colleges,  hospitals,  houses  of  friars,  and  other 
 ecclesiastical  houses  and  places,  or  of  any  manors, 
 messuages,  lands,  tenements,  or  other  hereditaments 
 belonging  to  the  same,  or  to  any  of  them,  their  heirs 
 and  successors,  and  the  heirs  and  successors  of  every  such 
 founder,  patron,  or  donor,  and  the  now  abbots,  priors, 
 abbesses,  prioresses,  and  other  ecclesiastical  governors  and 
 governesses  of  such  monasteries,  abbacies,  priories,  nun- 
 neries, colleges,  hospitals,  houses  of  friars,  and  other 
 religious  and  ecclesiastical  houses  and  places,  which  here- 
 after shall  happen  to  be  dissolved,  suppressed,  renounced, 
 relinquished,  forfeited,  given  up,  or  come  to  the  king's 
 highness,  and  such  as  pretend  to  be  founders,  patrons,  or 
 
LXiv]      HISTORY  01    THE  ENGLISH  CHURCH  287 
 
 donors  of  such  monasteries,  abbacies,  priories,  nunneries,      1539. 
 
 colleges,  hospitals,  houses  of  friars,  and  other  ecclesiastical 
 
 houses   and   places,  or  of  any  manors,   messuages,  lands, 
 
 tenements,  or  other  hereditaments  to  the  same  belonging, 
 
 or  to  any  of  them,  their  heirs  and  successors,  and  the  heirs 
 
 and  successors  of  every  of  them— all  such  right,  title,  claim.  Exception 
 
 interest,  possession,  rents,  charges,  annuities,  leases,  farms,  ^^^^V^  ^^^^^ 
 
 offices,  fees,  liveries  and  livings,  portions,  pensions,  corro- 
 
 dies,  commons,   synods,  proxies,  and  other  profits  which 
 
 they  or  any  of  them  have,  claim,  ought,  may,  or  might  have 
 
 had  in  or  to  the  premises,  or  to  any  part  or  parcel  thereof, 
 
 in  such-like   manner,  form,  and  condition,  to  all  intents, 
 
 respects,  constructions,  and  purposes,   as  if  this  Act  had 
 
 never  been  had  nor  made  ;  rents  services,  rents  seek,  and  all 
 
 other  services  and  suits  only  except. 
 
 Provided  always,  and  be  it  enacted  by  authority  afore-  Leases, 
 said,  that  if  any  late  abbot,  prior,  prioress,  abbess,  or  other  ^^y  ["^ 
 ecclesiastical  governor  or  governess  abovesaid,  within  one  abbots, 
 year    next    before   the    dissolution,   suppression,   renounc-   '^'^  °  . 
 ing,  relinquishing,  forfeiting,  giving  up,  or  coming  to  the  property, 
 king's    highness,    of  his    late   monastery,    abbacy,    priory,  ^^'V"ahe 
 nunnery,  college,  hospital,  house  of  friars,  or  other  religious  dissolu- 
 or  ecclesiastical    house   or  place,  has  made  any  lease  or  ^^°^' '°   ^ 
 grant  under  his  convent  or  common  seal,  or  otherwise,  for 
 term  of  life  or  for  term  of  years,  of  the  site,  circuit,  and 
 precinct  of  his  said  late  monastery,  abbacy,  priory,  nun- 
 nery, college,  hospital,  house  of  friars,  or  other  religious  or 
 ecclesiastical  house  or  place,  or  of  any  part  thereof,  or  of 
 any  manors,  messuages,  granges,  lands,  tenements,  parson- 
 ages appropriate,  tithes,  pensions,  portions,  or  other  heredita- 
 ments  which   belonged    or   appertained    to    his   said   late 
 monastery,    abbacy,    priory,    nunnery,    college,     hospital, 
 house  of  friars,  or  other  religious  or  ecclesiastical  house  or 
 place,  which  manors,  messuages,  granges,  lands,  tenements, 
 parsonages  appropriate,  tithes,  pensions,  portions,  or  other 
 
288  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxiv 
 
 1539.  hereditaments  were  not  before  the  same  lease  commonly 
 used  to  be  set  nor  let  to  farm,  but  kept  and  reserved  in  the 
 manurance,  tillage,  or  occupation  of  the  said  governor  or 
 governess,  for  the  maintenance  of  hospitality  and  good 
 house-keeping,  or  within  one  year,  as  is  abovesaid,  has 
 made  any  lease  or  grant  for  term  of  life,  or  for  term  of 
 years,  of  any  manors,  messuages,  lands,  tenements,  meadows, 
 pastures,  woods,  parsonages  impropriate,  tithes,  pensions, 
 portions,  churches,  chapels,  or  other  hereditaments,  what- 
 soever they  be,  whereof,  or  in  the  which,  any  estate  or  interest 
 for  term  of  life,  year  or  years,  at  the  time  of  the  making  of 
 any  such  grant  or  lease,  then  had  its  being  or  continuance, 
 and  then  was  not  determined,  finished  or  expired,  or  within 
 the  time  of  one  year,  as  is  abovesaid,  has  made  any  lease 
 or  grant  for  term  of  life,  or  for  term  of  years,  of  any  manors, 
 messuages,  lands,  tenements,  meadows,  pastures,  woods, 
 parsonages  appropriate,  tithes,  pensions,  portions,  churches, 
 chapels,  or  other  hereditaments,  whatsoever  they  be,  upon 
 the  which  leases  and  grants  the  usual  and  old  rents  and 
 farms,  accustomed  to  be  yielded  and  reserved  by  the  space 
 of  twenty  years  next  before  the  first  day  of  this  present 
 Parliament,  is  and  be  not  thereupon  reserved  and  holden, 
 or  if  any  such  governor  or  governess  has  made  any  bargain 
 or  sale  of  his  woods  within  one  year,  as  is  afore  limited, 
 which  woods  be  yet  growing  and  standing ;  that  then  all  and 
 every  such  lease,  grant,  bargain,  and  sale  of  wood  or  woods 
 shall  be  utterly  void  and  of  none  effect. 
 Feoff-  And  it  is  also  enacted  by  the  authority  aforesaid,  that  all 
 
 ments,&c.,  feoffments,  fines,  and  recoveries  had,  made,  acknowledged, 
 property  or  suffered  by  any  governor  or  governess,  without  the  king's 
 rnade  by  jicg^ce  under  his  great  seal,  within  one  year  next  before  the 
 within  one  dissolution,  renouncing,  relinquishing,  forfeiting,  giving  up, 
 year  o  t  le  ^^  coming  unto  the  king's  highness,  of  his  said  monastery, 
 tion,  to  be  abbacy,  priory,  nunnery,  college,  hospital,  house  of  friars, 
 ^'  or  other  religious  or  ecclesiastical  house  or  place,  or  any 
 
LXiv]      HISTORY  OF   THE  ENGLISH   CHURCH  289 
 
 manors,  meases,  lands,  tenements,  or  other  hereditaments  1539. 
 whatsoever  they  be,  which  the  said  late  abbot,  prior,  abbess, 
 prioress,  and  other  ecclesiastical  governors  and  governesses, 
 or  any  of  them,  or  any  of  their  predecessors,  had  or  held,  of  the 
 gift,  grant,  or  confirmation  of  our  said  sovereign  lord,  or  of 
 any  of  his  highness's  progenitors,  or  of  the  which  monasteries, 
 abbacies,  priories,  nunneries,  colleges,  hospitals,  houses  of 
 friars,  or  other  religious  or  ecclesiastical  houses  or  places 
 our  said  sovereign  lord  was  founder  or  patron,  or  which 
 manors,  meases,  lands,  tenements,  or  other  hereditaments 
 were  of  the  ancient  or  old  foundation  or  possession  of 
 the  said  late  monasteries,  abbacies,  priories,  nunneries, 
 colleges,  hospitals,  houses  of  friars,  or  other  religious  or 
 ecclesiastical  houses  or  places,  shall  be  utterly  void  and  of 
 none  effect. 
 
 And  it  is  further  enacted  by  the  authority  aforesaid,  that  Leases 
 if  any  abbot,  prior,  abbess,  prioress,  or  other  ecclesiastical  ^^olg  ^^^ 
 governor  or  governess  of  any  monastery,  abbacy,  priory,  ofmonas- 
 nunnery,  college,  hospital,  house  of  friars,  or  other  religious  ^^ 
 or  ecclesiastical  house  or  place,  which  hereafter  shall  happen  pressed 
 to  be  dissolved,  suppressed,   renounced,  relinquished,  for-  ^.^j^^ 
 feited,  given  up,  or  come  to  the  king's  highness  within  one 
 year  next  before  the  first  day  of  this  present  Parliament,  have 
 made,  or  hereafter  do  make,  any  lease  or  grant  under  his 
 convent  or  common  seal,  or  otherwise,  for  term  of  years,  or 
 life  or  lives,  of  the  site,  circuit,  and  precinct  of  his  said 
 monastery,  abbacy,  priory,  nunnery,  college,  hospital,  house 
 of  friars,  or  other  religious  or  ecclesiastical  house  or  place, 
 or  of  any  part  thereof,  or  of  any  manors,  messuages,  lands, 
 tenements,  parsonages  appropriate,  tithes,  pensions,  portions, 
 or   other  hereditaments  belonging  or  appertaining   to   his 
 said  monastery,  abbacy,  priory,  nunnery,  college,  hospital, 
 house  of  friars,  or  other  religious  or  ecclesiastical  house  or 
 place,  which  manors,  meases,   granges,   lands,   tenements, 
 parsonages  appropriate,  tithes,  pensions,  portions,  and  other 
 
 u 
 
290  DOCUMENTS  ILLUSTRATIVE   OF  THE      [lxiv 
 
 1530.  hereditaments,  whatsoever  they  be,  were  not,  before  the 
 same  lease,  commonly  used  to  be  set  nor  let  to  farm,  but 
 kept  and  reserved  in  the  manurance,  tillage,  or  occupation 
 of  the  said  governor  or  governess,  for  the  maintenance  of 
 hospitality  and  good  house-keeping,  or  now  be  in  the 
 manurance,  tillage,  or  occupation  of  the  said  governor  or 
 governess,  for  the  maintenance  of  hospitality  and  good 
 house-keeping,  or  within  one  year  next  before  the  first  day 
 of  this  present  Parliament,  has  made,  or  hereafter  shall 
 make,  any  lease  or  grant  for  term  of  life,  or  for  term  of 
 years,  of  any  manors,  meases,  lands,  tenements,  meadows, 
 pastures,  woods,  parsonages  appropriate,  tithes,  pensions, 
 portions,  churches,  chapels,  or  other  hereditaments,  what- 
 soever they  be,  whereof,  and  in  the  which,  any  estate  or 
 interest  for  term  of  life,  year  or  years,  at  the  time  of  the 
 making  of  any  such  grant  or  lease,  then  had  its  being  or 
 continuance,  or  hereafter  shall  have  its  being  or  continu- 
 ance, and  then  was  not  determined,  finished,  or  expired,  or 
 at  the  time  of  any  such  lease  to  be  made  shall  not  be 
 determined,  finished,  or  expired,  or  within  one  year  next 
 before  the  first  day  of  this  present  Parliament  has  made,  or 
 hereafter  shall  make,  any  lease  or  grant  for  term  of  life, 
 or  for  •term  of  years,  of  any  manors,  messuages,  lands, 
 tenements,  meadows,  pastures,  woods,  parsonages  appro- 
 priate, tithes,  pensions,  portions,  churches,  chapels^  or  other 
 hereditaments,  whatsoever  they  be,  upon  which  leases  and 
 grants  the  usual  and  old  rents  and  farms  accustomed  to  be 
 yielded  and  reserved  by  the  space  of  twenty  years  next 
 before  the  said  first  day  of  this  present  Parliament,  is  or 
 be  not  or  hereafter  shall  not  be  thereupon  reserved  and 
 yielded,  or  if  any  such  governor  or  governess  of  any  such 
 monastery,  abbacy,  priory,  nunnery,  college,  hospital,  house 
 of  friars,  or  other  religious  or  ecclesiastical  house  or  place, 
 which  hereafter  shall  happen  to  be  dissolved,  suppressed, 
 renounced,  relinquished,  forfeited,  given  up,  or  come  to  the 
 
Lxiv]      HISTORY  OF   THE  ENGLISH   CHURCH  291 
 
 king's  highness  within  one  year  next  before  the  first  day  of  1530. 
 this  present  Parhament,  has  made,  or  hereafter  shall  make, 
 any  bargain  or  sale  of  his  woods,  which  woods  be  yet 
 growing  and  standing ;  that  then  all  and  every  such  lease, 
 grant,  bargain,  and  sale  of  w^ood  or  woods  shall  be  utterly 
 void  and  of  none  effect. 
 
 And  it  is  also  enacted  by  the  authority  aforesaid,  that  all  FeofT- 
 feoffments,  fines,  and  recoveries  had,  made,  knowledsed,  or  "^^V^^'*^'^' 
 
 ^      '         by  heads 
 
 suffered  within  one  year  next  before  the  first  day  of  this  of  religious 
 present  Parliament,  or  hereafter  to  be  had,  made,  know-  h°"scs  to 
 
 be  sup- 
 Icdged,  or  suffered  by  any  governor  or  governess  of  any  pressed  to 
 
 monastery,  abbacy,  priory,  nunnery,  college,  hospital,  house  ^^  ^'°'*^' 
 of  friars^  or  other  religious  or  ecclesiastical  house  or  place, 
 which  hereafter  shall  happen  to  be  dissolved,  suppressed, 
 renounced,  relinquished,  forfeited,  given  up,  or  come  to  the 
 king's  highness,  without  the  king's  licence  under  his  great 
 seal,  of  any  manors,  meases,  lands,  tenements,  or  other 
 hereditaments,  whatsoever  they  be,  which  the  said  abbots, 
 priors,  abbesses,  prioresses,  and  other  ecclesiastical  governors 
 and  governesses,  which  hereafter  shall  happen  to  be  dis- 
 solved, suppressed,  relinquished,  forfeited,  given  up,  or 
 come  unto  the  king's  highness,  as  is  aforesaid,  or  any  of 
 them,  or  any  of  their  predecessors  had  or  held,  or  have  and 
 hold,  of  the  gift,  grant,  or  confirmation  of  our  said  sovereign 
 lord,  or  of  any  of  his  highness's  progenitors,  or  of  the  which 
 monasteries,  abbacies,  priories,  nunneries,  colleges,  hos- 
 pitals, houses  of  friars,  or  other  religious  and  ecclesiastical 
 houses  and  places  our  said  sovereign  lord  is  founder  or 
 patron,  or  which  manors,  meases,  lands,  tenements,  or  other 
 hereditaments  were  or  be  of  the  ancient  or  old  foundation 
 or  possession  of  the  said  monasteries,  abbacies,  priories, 
 nunneries,  colleges,  hospitals,  houses  of  friars,  or  other 
 religious  or  ecclesiastical  houses  or  places,  shall  be  utterly 
 void  and  of  none  effect. 
 
 Provided  ahvay,  and  be  it  enacted  by  authority  aforesaid, 
 
 u  2 
 
292  DOCUMENTS  ILLUSTRATIVE    OF   THE      [lxiv 
 
 1530.  that  if  any  abbot,  prior,  abbess,  or  prioress,  or  other  governor 
 Proviso  for  or  govcrness  abovesaid,  within  one  year  next  before  the 
 term  of  ^^st  day  of  this  present  Parhament ;  or  if  any  late  abbot, 
 years.  prior,  abbess,  prioress,  or  other  late  governor  or  governess 
 abovesaid,  within  one  year  next  before  any  such  dissolution, 
 suppression,  renouncing,  relinquishing,  forfeiting,  giving  up, 
 or  coming  to  the  king's  highness  of  the  premises,  or  of  any 
 parcel  thereof,  as  is  aforesaid_,  have  made  any  demise,  lease, 
 or  grant  to  any  person  or  persons  for  term  of  years,  of  any 
 manors,  meases,  lands,  tenements,  parsonages  appropriate, 
 tithes,  pensions,  portions,  or  other  hereditaments  aforesaid, 
 which  person  or  persons,  at  the  time  of  the  said  demise, 
 lease,  or  grant;  had  and  held  the  same  to  farm  for  term  of 
 years  then  not  expired ;  that  then  the  said  person  or  persons, 
 to  whom  any  such  demise,  lease,  or  grant  has  been  so  made, 
 shall  have  and  hold  the  same  for  the  term  of  twenty-one 
 years  only  from  the  time  of  the  making  of  the  said  demise, 
 lease,  or  grant,  if  so  many  years  be  by  the  same  demise, 
 lease,  or  grant  specified,  limited,  and  expressed,  or  else  for 
 so  many  years  as  in  such  demise,  lease,  or  grant  be 
 expressed,  so  that  the  old  rent  be  thereupon  reserved,  and 
 so  that  the  same  lease  or  leases  exceed  not  twenty-one  years; 
 this  Act  or  anything  therein  contained  to  the  contrary 
 notwithstanding. 
 Proviso  for  Provided  also,  and  be  it  enacted  by  the  authority  afore- 
 term^of  Hfe  •'^^^^'  ^^^^  ^^  ^^^^  abbot,  prior,  abbess,  prioress,  or  other  late 
 or  lives.  governor  or  governess,  within  one  year  next  before  any  such 
 dissolution,  suppression,  renouncing,  relinquishing,  forfeit- 
 ing, giving  up,  or  coming  unto  the  king's  highness  of  the 
 premises,  or  any  parcel  thereof,  as  is  aforesaid,  have  made 
 any  demise,  lease,  or  grant  to  any  person  or  persons,  for 
 term  of  life  or  lives,  of  any  manors,  meases,  lands,  tene- 
 ments, parsonages  appropriate,  tithes,  pensions,  portions,  or 
 other  hereditaments  aforesaid,  which  person  or  persons, 
 or  any  of  them,  at  the  time  of  the  said  demise,  lease,  or 
 
LXiv]      HISTORY  OF  THE  ENGLISH  CHURCH  293 
 
 grant,  had  and  held  the  same  for  term  of  life  or  lives,  or  for  1539. 
 term  of  years  then  not  expired ;  that  then  the  said  person 
 or  persons,  to  whom  any  such  lease  or  grant  has  been  so 
 made,  shall  have  and  hold  the  same  for  term  of  their  life  or 
 lives,  so  that  the  old  rent  be  thereupon  reserved,  this  Act  or 
 any  other  thing  therein  contained  to  the  contrary  thereof 
 notwithstanding. 
 
 Provided  also,  and  be  it  enacted  by  the  authority  afore-  Proviso  for 
 said,  that  all  and  singular  leases  and  grants,  made  by  copy  J^'Jj"^^ 
 to  any  person  or  persons,   of  any  of  the  said  messuages,  by  copy  of 
 lands,  tenements,  parsonages  appropriate,  tithes,  pensions,  ^^"""^  ^'°^^- 
 portions,  or  other  hereditaments  aforesaid,  for  term  of  life 
 or  lives,  which  by  the  custom  of  the  country  hath  been  used 
 to  be  demised,  let,   or  granted  by  copy  of  court  roll,  shall 
 be  good  and  effectual  in  the  law,  so  that  the  old  rent  be 
 reserved  by  and  upon  every  such  lease  and  leases ;  this  Act 
 or  anything  therein  contained  to  the  contrary  in  any  wise 
 notwithstanding. 
 
 Provided  alway,  and  be  it  further  enacted  by  the  authority  Leases 
 
 aforesaid,  that  all  leases  heretofore  made  of  any  of  the  pre-  ^  °^^ 
 '  ■'  ^         and  en- 
 
 mises  by  authority  of  our  sovereign  lord  the  king's  court  of  rolled  in 
 augmentations  of  the  revenues  of  his  crown,  and  all  such  J^^^  ^°_"^' 
 leases,   feoffments,    and    wood  -  sales    made    by   the    said  mentations 
 governors   and  governesses,  or  any  of  them,   under   their  ^^^  ^^^^ 
 convent  seals,  or  under  the  convent  or  common  seal  of  any  good. 
 of  them,  within  one  year  next  before  the  dissolution,  suppres- 
 sion,   renouncing,   relinquishing,   forfeiting,    giving   up,   or 
 coming  to  the   king's  highness   of  the  said   monasteries, 
 abbacies,  priories,  nunneries,  colleges,  hospitals,  houses  of 
 friars,  or  other  religious  or  ecclesiastical  houses  or  places, 
 which  said  leases,  grants,  feoffments,  and  wood-sales  have 
 been  examined,  enrolled,  decreed,  or  affirmed  in  our  said 
 sovereign  lord  the  king's  court  of  augmentations,  and  the 
 decree  of  the  same  put  in  writing,  sealed  with  the  seal  of  the 
 said  court  of  augmentations,   shall  be  good  and  effectual 
 
294  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxiv 
 
 1539,      according  to  the  same  decree  ;  any  clause  or  Act  heretofore 
 
 in  this  present  Act  to  the  contrary  notwithstanding. 
 
 Manner  of       Provided  ahvay,  and  be  it  also  further  enacted  by  the 
 
 1  c  lei  lor     authority  abovesaid,  that  if  any  person    or   persons  have 
 
 have  truly  justly  and  truly,  without  fraud  or  covin,  paid  or  given  any 
 
 P^        ^      sum  or  sums  of  money  to  any  of  the  said  late  governors 
 money  for  ■'  •'  ^ 
 
 wood  to      and  governesses,  for  the  bargain  and  sale  of  any  woods, 
 t  le  head     ijeij-jg  qj.  growing  in  or  upon  any  manors,  lands,  tenements, 
 religious     or  hereditaments  which  appertained   or  belonged  to   the 
 house.        g^-^  l^|.g  monasteries,  abbacies,  priories,  nunneries,  colleges, 
 hospitals,  houses  of  friars,  or  other  religious  or  ecclesiastical 
 places,  or  unto  any  of  them,  which  bargain  and  sale  by 
 authority  of  this  Act  is  made  void  and  of  none  effect,  and 
 by  means  thereof  the  king's  highness  may  have  and  take  the 
 commodity  and  profit  of  such  woods  so  bargained  and  sold; 
 that  then   the    chancellor  and  other  officers   of  our   said 
 sovereign  lord  the  king's  court  of  augmentations,  or  three 
 of  them,  whereof  the  chancellor  for  the  time  being  shall  be 
 one,  of  our  said  sovereign  lord  the  king's  treasure  remaining 
 in  the  treasury  of  the  same  court,  shall  satisfy  and  recom- 
 pense every  such  person  or  persons  such  sum  of  money, 
 or  other  recompense,  as  the  same  chancellor  and  officers,  or 
 three  of  them,  whereof  the  said  chancellor  shall  be  one, 
 shall  think  meet  and  convenient.     And  if  any  other  person 
 or  persons  shall  happen  to  take  profit  and  commodity,  by 
 reason  of  avoiding  of  such  wood-sales  by  authority  of  this 
 Act,  that  then   every  person  and  persons,  which   may  or 
 shall  take  such  profit,  shall  be  ordered  for  satisfaction  to  be 
 made  to  the  parties  that  shall  happen  to  be  grieved  by  this 
 Act,  by  the  said  chancellor  and  other  officers  of  the  same 
 court. 
 Proviso  for      Provided  also,  and  be  it  further  enacted  by  the  authority 
 of  th^^^'^'^  aforesaid,  that  all  and  every  person  and  persons,  their  heirs 
 lands,  &c.,  and  assigns,  which  since  the  said  fourth  day  of  February, 
 houses'*^"^  by  licence,  pardon,  confirmation,  release,  assent,  or  consent 
 
LXiv]      HISTORY  OF  THE   ENGLISH   CHURCH  29 
 
 of  our  said  sovereign  lord  the   king,  under  his  great  seal      1539. 
 heretofore  given,  had  or  made,  or  hereafter  to  be  had  or  ^'tli  the 
 made,  have  obtained  or  purchased  by  indenture,  fine,  feoff-  Hcence 
 ment,  recovery  or  otherwise,  of  the  said  late  abbots,  priors, 
 abbesses,  prioresses,  or  other  governors  or  governesses  of 
 any   such  monasteries,   abbacies,    priories,    nunneries,   col- 
 leges,   hospitals,    houses    of   friars,    or   other    religious   or 
 ecclesiastical  .houses   or  places,   any  monasteries,   priories, 
 colleges,    hospitals,    manors,    lands,    tenements,    meadows, 
 pastures,  woods,  churches,  chapels,  parsonages,  tithes,  pen- 
 sions, portions,  or  other  hereditaments,  shall  have  and  enjoy 
 the  same,  according  to  such  writings  and  assurances,   as 
 are  thereof,  before  the  first  day  of  this  present  Parliament, 
 or  hereafter  shall  be  had  or  made ; 
 
 Saving  to  all  and  every  person  and  persons,  and  bodies  A  saving 
 politic,   their  heirs  and  successors,   and  to  the  heirs  and  °^^!j'^ 
 successors   of  every   of   them    (other   than   the    said   late  others^ 
 abbots,  abbesses,  priors,   prioresses,  and   other  governors  ^^^™';'^ 
 
 I  1    ,     .  unto  them 
 
 and  governesses,  and  their  successors,  and  the  successors  of  before  the 
 
 every  of  them,  and  such  as  pretend  to  be  founders,  patrons,  '^^'^, 
 
 A  r  .lu  •  1  .  ,  ,  purchase, 
 
 or  aonors  ot  the  said  monasteries,  abbacies,  priories,  nun- 
 neries, colleges,  hospitals,  and  other  religious  or  ecclesias- 
 tical houses  or  places,  or  any  of  them,  or  of  any  manors, 
 messuages,  lands,  tenements,  or  other  hereditaments  late 
 belonging  to  the  same,  or  to  any  of  them,  and  their  heirs 
 and  successors,  and  the  heirs  and  successors  of  every 
 such  founder,  patron,  or  donor),  all  such  right,  title, 
 interest,  possession,  rents,  annuities,  commodities,  offices, 
 fees,  liveries  and  livings,  portions,  pensions,  corrodies, 
 synods,  proxies,  and  other  profits,  which  they  or  any  of 
 them  have,  ought  or  might  have  had,  in  or  to  any  of  the 
 said  monasteries,  abbacies,  priories,  colleges,  hospitals, 
 manors,  lands,  tenements,  rents,  services,  reversions,  tithes, 
 pensions,  portions,  or  other  hereditaments,  at  any  time 
 before   any  such   purchase,    indentures,    fines,    feoffments, 
 
296  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxiv 
 
 1530.  recoveries,  or  other  lawful  mean  between  any  such  parties 
 had  or  made,  as  is  abovesaid;  this  Act  or  anything  therein 
 contained  to  the  contrary  notwithstanding. 
 Confirma-  And  where  our  said  sovereign  lord,  since  the  fourth  day  of 
 kino-'s  title  February,  the  said  twenty-seventh  year  of  the  reign  of  our 
 to  lands,  said  sovereign  lord,  has  obtained  and  purchased,  as  well 
 chased  and  ^Y  exchanges,  as  by  gifts,  bargains,  fines,  feoffments,  re- 
 exchanged  coveries,  deeds  enrolled,  and  otherwise,  of  divers  and  sundry 
 Feb  4         persons,  many  sundry  and  divers  honours,  castles,  manors, 
 
 27  Hen.      lands,  tenements,  meadows,  pastures,  woods,  rents,  rever- 
 VIII 
 
 sions,  services,  and  other  hereditaments,  and  has  not  only 
 
 paid  divers  and  sundry  great  sums  of  money  for  the  same, 
 but  also  has  given  and  granted  for  the  same,  unto  divers 
 and  sundry  persons,  divers  and  sundry  manors,  lands, 
 tenements,  and  hereditaments,  and  other  recompenses,  in 
 and  for  full  satisfaction  of  all  such  honours,  castles,  manors, 
 lands,  tenements,  rents,  reversions,  services,  and  other  his 
 hereditaments,  by  his  highness  obtained  or  had,  as  is  above- 
 said  ;  be  it  therefore  enacted  by  the  authority  aforesaid, 
 that  our  said  sovereign  lord  the  king,  his  heirs  and  succes- 
 sors, shall  have,  hold,  possess,  and  enjoy  all  such  honours, 
 castles,  manors,  lands,  tenements,  and  other  hereditaments, 
 as  his  highness,  since  the  said  fourth  day  of  February,  the 
 twenty-seventh  year  abovesaid,  has  obtained  and  had  by 
 way  of  exchange,  bargain,  purchase,  or  other  whatsoever 
 mean  or  means,  according  to  the  true  meaning  and  intent 
 of  his  highness's  bargain,  exchange,  or  purchase;  misrecital, 
 misnaming  or  non-recital,  or  not  naming  of  the  said  honours, 
 castles,  manors,  lands,  tenements,  and  other  hereditaments, 
 comprised  or  mentioned  in  the  bargains  or  writings  made 
 between  the  king's  highness  and  any  other  party  or  parties, 
 or  of  the  towns  or  counties  where  the  said  honours,  castles, 
 manors,  lands,  tenements,  and  hereditaments  lie  and  be, 
 or  any  other  matter  or  cause  whatsoever  it  be,  in  any  wise 
 notwithstanding. 
 
Lxiv]      HISTORY  OF  THE   ENGLISH   CHURCH  297 
 
 Saving  to  all  and  every  person  and  persons  and  to  their      1539. 
 heirs,  bodies  politic  and  corporate,  and  to  their  successors,  ^  saving 
 and  to  every  of  them  (other  than  such  person  and  persons,  nght  of  all 
 and  their  heirs,  and  their  wives,  and  the  wives  of  every  of  others,  but 
 them,    bodies  politic  and  corporate,   and  their  successors,  sellers 
 and   every   of  them,    of  whom   the    king's    highness   has  their  heirs 
 obtained   by   exchange,    gift,    bargain,   fine,    feoffment,  re- ' 
 covery,    deed    enrolled   or   otherwise,    any   such   honours, 
 castles,  manors,  lands,  tenements,  and  other  hereditaments 
 as  is  aforesaid),  all  such  right,  title,  use,  interest,  possession, 
 rents,    charges,    annuities,    commodities,    fees,    and    other 
 profits  (rents  services  and  rents   seek  only  except)  which 
 they  or  any  of  them  have,  might  or  ought  to  have  had,  in 
 or  to  the  premises  so  obtained  and  had,  or  in  or  to  any 
 parcel  thereof,  if  this  Act  had  never  been  had  nor  made ; 
 this  present  Act  or  anything  therein  contained  to  the  con- 
 trary notwithstanding. 
 
 And  where  it  has  pleased   the  king's  highness,  of  his  Recital 
 abundant   grace   and   goodness,  as  well  upon  divers  and  k-'^I  wi 
 sundry  considerations  his  majesty  specially  moving,  as  also  granted 
 otherwise,  to  have  bargained,  sold,  chansjed,  or  given  and  ^^^^  ^^^^. 
 
 '  o  J  '  &      J         &  monastic 
 
 granted  by  his  grace's  several  letters  patent,  indentures,  property. 
 or  other  writings,  as  well  under  his  highness's  great  seal,  as 
 under  the  seal  of  his  highness's  Duchy  of  Lancaster,  and 
 the  seal  of  the  office  of  the  augmentations  of  his  crown, 
 unto  divers  and  sundry  of  his  loving  and  obedient  subjects, 
 divers  and  sundry  honours,  castles,  manors,  monasteries, 
 abbacies,  priories,  lands,  tenements,  rents,  reversions, 
 services,  parsonages  appropriate,  advowsons,  liberties,  tithes, 
 oblations,  portions,  pensions,  franchises,  privileges,  liber- 
 ties {sic)^  and  other  hereditaments,  commodities,  and  profits, 
 in  fee  simple,  fee  tail,  for  term  of  life,  or  for  term  of  years, 
 for  avoiding  of  which  said  letters  patent,  and  of  the  con- 
 tents of  the  same,  divers,  sundry,  and  many  ambiguities, 
 doubts,  and  questions  might  hereafter  arise,  be  moved  and 
 
298  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxiv 
 
 1539.  stirred,  as  well  for  misrecital  or  non-recital,  as  for  divers 
 other  matters,  things,  or  causes  to  be  alleged,  objected,  or 
 invented  against  the  said  letters  patent,  as  also  for  lack  of 
 finding  of  offices  or  inquisitions,  whereby  the  title  of  his 
 highness  therein  ought  to  have  been  found,  before  the 
 making  of  the  same  letters  patent,  or  for  misrecital  or  non- 
 recital  of  leases,  as  well  of  record  as  not  of  record,  or  for 
 lack  of  the  certainty  of  the  values,  or  by  reason  of  mis- 
 naming of  the  honours,  castles,  manors,  monasteries,  abba- 
 cies, priories,  lands,  tenements,  and  other  hereditaments 
 comprised  and  mentioned  within  the  same  letters  patent, 
 or  of  the  towns  and  counties  where  the  same  honours, 
 castles,  manors,  monasteries,  abbacies,  priories,  lands,  tene- 
 ments, rents,  and  other  hereditaments  lie  and  be,  as  for 
 divers  and  sundry  other  suggestions  and  surmises,  which 
 hereafter  might  happen  to  be  moved,  surmised,  and  pro- 
 cured against  the  same  letters  patent,  albeit  the  words  in 
 effect  contained  in  the  said  letters  patent  be  according  to 
 the  true  intent  and  meaning  of  his  most  royal  majesty  : 
 Such  Be  it  therefore  enacted  by  the  authority  of  this  present 
 
 grants         Parliament,   that   as   well   all  and   every   the   said   letters 
 
 sumcient  ■' 
 
 notwiih-     patent,  indentures,  and  other  writings,  and  every  of  them, 
 
 standing      under  the  seal  or  seals  abovesaid,  or  of  any  of  them,  made 
 
 misrecital, 
 
 &c.  or  granted  by  the  king's  highness  since  the  said  fourth  day 
 
 of  February,  the  said  twenty-seventh  year  of  his  most  noble 
 reign,  as  all  and  singular  other  his  grace's  letters  patent, 
 indentures,  or  other  writings  to  be  had,  made,  or  granted 
 to  any  person  or  persons  within  three  years  next  after  the 
 making  of  this  present  Act,  of  any  honours,  castles,  manors, 
 monasteries,  abbacies,  priories,  nunneries,  colleges,  hos- 
 pitals, houses  of  friars,  or  of  other  religious  or  ecclesiastical 
 houses  or  places,  sites,  circuits,  precincts,  lands,  tenements, 
 parsonages,  tithes,  pensions,  portions,  advowsons,  nomina- 
 tions, and  all  other  hereditaments  and  possessions,  of  what 
 kind>  nature,  or  quality  soever  they  be,  or  by  whatsoever 
 
Lxiv]      HISTORY  OF   THE   ENGLISH  CHURCH  299 
 
 name  or  names  they  or  any  of  them  be  named,  known,  or  1539. 
 reputed,  shall  stand  and  be  good,  effectual,  and  available  in 
 the  law  of  this  realm,  to  all  respects,  purposes,  construc- 
 tions, and  intents,  against  his  majesty,  his  heirs  and  succes- 
 sors, without  any  other  licence,  dispensation,  or  tolerance 
 of  the  king's  highness,  his  heirs  and  successors,  or  of  any 
 other  person  or  persons  whatsoever  they  be,  for  any  thing 
 or  things  contained,  or  hereafter  to  be  contained,  in  any  such 
 letters  patent,  indentures,  or  other  writings  ;  any  cause, 
 consideration,  or  thing  material  to  the  contrary  in  any  wise 
 notwithstanding : 
 
 Saving  to  all  and  singular  persons,  bodies  politic  and  A  saving 
 corporate,   their   heirs   and  successors,  and  the  heirs  and  °^  oJ^ers ' 
 successors  of  every  of  them  (other  than  his  highness,  his  in  the 
 heirs  and  successors,   and  the  said  governors  and  gover-  a^gu^g^j  ^y 
 nesses,  and  their  successors,  donors,  founders,  and  patrons  the  king. 
 aforenamed,  and  their  heirs  and  successors,  and  all  other 
 persons  claiming  in  their  rights  or  to  their  use,  or  in  the 
 right  or  to  the  use  of  any  of  them)  all  such  right,  title, 
 claim,    interest,    possession,    reversion,    remainder,    offices, 
 annuities,  rents,  charges,  and  commons,  which  they  or  any 
 of  them  have,  ought  or  might  have  had,  in  or  to  any  of 
 the  said  honours,   castles,   manors,  monasteries,  abbacies, 
 priories,  lands,  tenements,  and  other  hereditaments,  in  the 
 said  letters  patent  made,  or  hereafter  to   be   made,  com- 
 prised at  any  time  before  the  making  of  the  said  or  such 
 letters  patent ;   this  Act  or  anything  therein  contained  to 
 the  contrary  notwithstanding. 
 
 And  where  divers  and  sundry  abbots,  priors,  abbesses.  Recital 
 prioresses,   and  other  ecclesiastical   governors   and   gover-  j-eUcrious 
 nesses   of    the    said   late   monasteries,    abbacies,    priories,  houses 
 nunneries,   colleges,   hospitals,  houses  of  friars,  and  other  poss^^sse^j 
 religious  and  ecclesiastical  houses  and  places,   have  had,  parsonages 
 possessed,  and  enjoyed  divers  and  sundry  parsonages  appro-  p^i^\°'j 
 priated,    tithes,    pensions,    and    portions,    and   also    were  and  other 
 
300  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxiv 
 
 1539.      acquitted  and  discharged  of  and  for  the  payment  or  pay- 
 propcrtics  ments  of  tithes,  to  be  paid  out  or  for  their  said  monasteries, 
 
 tithe  Ircc  » 
 
 abbacies,  priories,  nunneries,  colleges,  hospitals,  houses  of 
 
 friars,   and   other  religious  and   ecclesiastical    houses    and 
 
 places,  manors,  messuages,  lands,  tenements,  and  heredita- 
 
 The  king    mcnts  :  be  it  therefore  enacted  by  the  authority  abovesaid, 
 
 and  his       ^\^^i   as   well   the   king  our  sovereign  lord,  his  heirs  and 
 
 grantees  of  ,,         i  i  \  ^     • 
 
 such  successors,  as  all  and  every  such  person  and  persons,  their 
 
 monastic     heirs  and  assigns,  which  have,  or  hereafter  shall  have,  any 
 
 ])roperty  •  i  i        •  •      •  •  ^^  i 
 
 shall  enjoy  monasteries,    abbacies,    priories,    nunneries,    colleges,    hos- 
 
 the  same     pitals,   houses    of  friars,   or  other  ecclesiastical  houses   or 
 tithe  free.       ....  .  ^     ,  p  r 
 
 places,  sites,  circuits,  precincts  or  the  same,  or  oi  any  ot 
 
 them,  or  any  manors,  messuages,  parsonages  appropriate, 
 tithes,  pensions,  portions,  or  other  hereditaments,  whatsoever 
 they  be,  which  belonged  or  appertained,  or  which  now 
 belong  or  appertain  unto  the  said  monasteries,  abbacies, 
 priories,  nunneries,  colleges,  hospitals,  houses  of  friars,  or 
 other  religious  and  ecclesiastical  houses  or  places,  or  unto 
 any  of  them,  shall  have,  hold,  retain,  keep,  and  enjoy,  as 
 well  the  said  parsonages  appropriate,  tithes,  pensions,  and 
 portions  of  the  said  monasteries,  abbacies,  priories,  nun- 
 neries, colleges,  hospitals,  houses  of  friars,  and  other  re- 
 ligious and  ecclesiastical  houses  and  places,  sites,  circuits, 
 precincts,  manors,  meases,  lands,  tenements,  and  other 
 hereditaments,  whatsoever  they  be,  and  every  of  them, 
 according  to  their  estates  and  titles,  discharged  and  ac- 
 quitted of  payment  of  tithes,  as  freely,  and  in  as  large  and 
 ample  manner,  as  the  said  late  abbots,  priors,  abbesses, 
 prioresses,  and  other  ecclesiastical  governors  and  gover- 
 nesses, or  any  of  them,  had,  held,  occupied,  possessed,  used, 
 retained,  or  enjoyed  the  same,  or  any  parcel  thereof,  at  the 
 days  of  their  dissolution,  suppression,  renouncing,  relin- 
 quishing, forfeiting,  giving  up,  or  coming  to  the  king's  high- 
 ness of  such  monasteries,  abbacies,  priories,  nunneries,  col- 
 leges, hospitals,  houses  of  friars,  or  other  religious  or  eccle- 
 
Lxiv]      HISTORY  OF  THE   ENGLISH    CHURCH  301 
 
 siastical  houses  or  places,  or  at  the  day  of  the  dissolution,      15-31). 
 suppression,  renouncing,  relinquishing,  giving  up,  or  coming 
 to  the  king's  highness  of  any  of  them ;    this  Act  or  any- 
 thing therein  contained  to  the  contrary  notwithstanding. 
 
 Saving  to  the  king's  highness,  his  heirs  and  successors,  all  Rents, 
 and  all  manner  of  rents,  services,  and  other  duties,  whatso-  ^^'^  ^T 
 
 served  to 
 
 ever  they  be,  as  if  this  Act  had  never  been  had  nor  made,      the  king. 
 
 And  be  it  further  enacted  by  authority  of  this  present  Monas- 
 
 Parliament,  that  such  of  the  said  late  monasteries,  abbacies,  ^^"^^'  ^^-^ 
 
 .  exempt 
 
 priories,  nunneries,  colleges,  hospitals,  houses  of  friars,  and  from  visita- 
 
 other  relia;ious  and  ecclesiastical  houses  and  places,  and  all  ^'°"  ^ 
 
 °  ^  '  jLinsdic- 
 
 churches  and  chapels  to  them  or  any  of  them  belonging,  tionofthe 
 which  before  the  dissolution,  suppression,  renouncing,  re-  °^'<^'"^'"y' 
 linquishing,  forfeiting,  giving  up,  or  coming  unto  the  king's  be  within 
 hiu;hness,  were  exempted  from  the  visitation  or  visitations,  f."     visita- 
 
 ,     ,  .  .  .  tion  and 
 
 and  all  jurisdiction  of  the  ordinary   or  ordinaries,  within  jurisdic- 
 whose  diocese  they  were  situate  or  set,  shall  from  henceforth  ^'°",'.°^,,   , 
 
 •'  '  within  that 
 
 be  within  the  jurisdiction  and  visitation  of  the  ordinary  or  specially 
 
 ordinaries  within  whose  diocese  they  or  any  of  them  be  ^PPoi"i^<J 
 
 situate    and   set,  or  within  the  jurisdiction  and  visitation  king. 
 
 of  such  person  or  persons  as  by  the  king's  highness  shall 
 
 be  limited  or  appointed ;  this  Act,  or  any  other  exemption, 
 
 liberty,  or  jurisdiction  to  the  contrary  notwithstanding. 
 
 And  where  before  this  time  it  has  pleased  the  king's  A  saving 
 
 mnjesty,  at  the  contemplation  and  humble  petition  of  the  j^^iJ^^^^- 
 
 right  noble  Thomas,  Duke  of  Norfolk,  to  give  his  royal  Norfolk.s 
 
 assent  of  licence  by  his  o;race's  word,  without  any  manner  ^*^  ^  ^°^^^ 
 
 J  ^  J  monastery 
 
 of  letters  patent,  or  other  writing,  to  purchase  and  retain  of  Sibton, 
 to  him  and  to  his  heirs  for  ever,  of  William  Flatbery,  late  j  qj.j^J;;^^ 
 abbot  of  the  monastery  of  Sibton,  in  the  county  of  Suffolk,  ham's  to 
 and  convent  of  the  same  late  monastery  now  being  dissolved,  roiie^"^ 
 all  the   same  monastery,    together   with   all   and  singular 
 manors,  lordships,  lands,  tenements,  woods,  waters,  com- 
 mons,   courts,    leets,    advowsons,    patronages,    parsonages, 
 vicarages,  chantries,  free  chapels,  tithes,,  portions  of  tithes, 
 
302  DOCUMENTS   ILLUSTRATIVE   OF   THE     [lxiv 
 
 1539.  pensions,  annuities,  rents,  suits,  services,  reversions,  re- 
 mainders, and  all  other  things  v.hich  were  the  heredita- 
 ments or  the  possessions  of  the  said  late  monastery,  where- 
 soever they  lay  or  were  within  the  realm  of  England ; 
 and  in  like  wise  our  said  sovereign  lord  gave  like  licence  by 
 his  grace's  word,  unto  the  right  honourable  George,  Lord 
 Cobham,  to  purchase  and  receive  to  him  and  to  his  heirs  for 
 ever,  of  the  late  master  and  brethren  of  the  college  or 
 chantry  of  Cobham,  in  the  county  of  Kent,  nov;  being 
 utterly  dissolved,  the  site  of  the  same  college  or  chantry,  and 
 all  and  singular  their  hereditaments  and  possessions,  as  well 
 temporal  as  ecclesiastical,  wheresoever  they  lay  or  were 
 within  the  realm  of  England :  be  it  therefore  enacted  by 
 the  authority  of  this  present  Parliament,  that  the  Act  above 
 written,  or  anything  therein  contained,  shall  not  be  in  any 
 wise  prejudicial  or  hurtful  to  the  said  duke  and  Lord  Cob- 
 ham, or  to  either  of  them,  or  to  the  heirs  or  assigns  of 
 either  of  them,  but  that  the  same  duke  and  Lord  Cobham, 
 and  either  of  them  sundrily,  and  the  heirs  and  assigns  of 
 either  of  them,  shall  and  may. have,  hold,  retain,  and  enjoy 
 the  premises  by  them  sundrily  purchased  or  received, 
 according  to  the  purports  and  effects  of  such  evidences, 
 writings,  and  conveyances,  as  they  or  any  of  them  sundrily 
 have  caused  to  be  devised  and  made  to  them,  or  to  their 
 uses,  for  the  same  : 
 Saving  of  Saving  alway,  and  reserving  to  all  and  singular  persons 
 °^^T  and  bodies  politic,  and  to  their  heirs  and  successors  (other 
 
 men  s  •■  '  _ 
 
 rights  in     than  the  said  late  abbot  and  convent  and  their  successors, 
 
 the  said       ^^^^  ^j^^  g^-^  j^^^  master  and  brethren  and  their  successors, 
 
 monastery 
 
 and  and  to  the  founders  of  the  same  monastery,  or  of  the  said 
 
 college.  college  or  chantry,  and  the  heirs  of  either  of  them,  and  all 
 donors,  grantors,  or  augmentors  of  them  or  either  of  them, 
 and  the  heirs  and  assigns  of  either  of  them),  all  such 
 rights,  titles,  possessions,  rents,  services,  fees,  offices,  annui- 
 ties,  corrodies,  liveries,  leases,  and   all   other   their   such 
 
Lxv]       HISTORY  OF   THE   ENGLISH  CHURCH  303 
 
 interests,  profits,  and  commodities,  as  they  or  any  of  them  1539. 
 had,  should,  or  ought  to  have,  of,  to,  or  in  any  of  the  pre- 
 mises sundrily  purchased  or  received  by  the  said  late  {sic) 
 duke  or  Lord  Cobham,  if  this  present  Act  had  never  been 
 had  or  made ;  anything  in  the  same  Act  to  the  contrary 
 being  in  any  wise  notwithstanding. 
 
 LXV. 
 
 THE  SIX  ARTICLES  ACT,   1539. 
 31  Henry  VIII,  cap.  14. 
 
 This  Act,  introduced  by  the  Duke  of  Norfolk,  was  passed  in  June,       15C9. 
 1539- 
 
 [Transcr.  S'tatutes  of  the  Realm,  iii.  739.] 
 
 Where  the  king's  most  excellent  majesty  is,  by  God's  law,  Recital  of 
 supreme  head  immediately  under  Him  of  this  whole  Church        kings 
 and  congregation"  of  England,  intending  the  conservation  of  macy. 
 the  same  Church  and  congregation  in  a  true,  sincere,  and 
 uniform    doctrine   of  Christ's    religion,  calling  also  to  his 
 blessed  and  most  gracious  remembrance  as  well  the  great 
 and  quiet  assurance,  prosperous  increase,  and  other  innu- 
 merable commodities,  which  have  ever  ensued,  come,  and 
 followed,  of  concord,  agreement,  and  unity  in  opinions,  as 
 also  the  manifold  perils,  dangers,  and  inconveniences  which  Evils  of 
 have  heretofore,  in  many  places  and  regions,  grown,  sprung,  ol^in^ons^ 
 and  arisen,  of  the  diversities  of  minds  and  opinions,  espe- 
 cially of  matters  of  Christian  religion,  and  therefore  desiring 
 that  such  a  unity  might  and  should  be  charitably  estab- 
 lished in  all  things  touching  and  concerning  the  same,  as  the 
 same,  so  being  established,  might  chiefly  be  to  the  honour 
 of  Almighty  God,  the  very  Author  and  Fountain  of  all  true 
 unity  and  sincere  concord,  and  consequently  redound  to  the 
 
304 
 
 DOCUMENTS   ILLUSTRATIVE  OF   THE      [lxv 
 
 1539. 
 
 The  king, 
 to  promote 
 unit}', 
 summoned 
 Parliament 
 and  Con- 
 vocation. 
 
 IMatters 
 
 there 
 
 discussed. 
 
 Holy  Com- 
 munion. 
 
 Marriage 
 of  priests. 
 
 Vows. 
 
 Private 
 masses. 
 
 Con- 
 fession. 
 
 commonwealth  of  this  his  highness's  most  noble  realm,  and 
 of  all  his  loving  subjects,  and  other  residents  and  inhabit- 
 ants of  or  in  the  same ;  has  therefore  caused  and  com- 
 manded this  his  most  High  Court  of  Parliament,  for  sundry 
 and  many  urgent  causes  and  considerations,  to  be  at  this 
 time  summoned,  and  also  a  synod  and  Convocation  of  all 
 the  archbishops,  bishops,  and  other  learned  men  of  the 
 clergy  of  this  his  realm,  to  be  in  like  manner  assembled. 
 
 And  forasmuch  as  in  the  said  Parliament,  synod,  and 
 Convocation,  there  were  certain  Articles,  matters,  and  ques- 
 tions proponed  and  set  forth  touching  Christian  religion, 
 that  is  to  say  : 
 
 First,  whether  in  the  most  blessed  Sacrament  of  the 
 altar  remaineth,  after  the  consecration,  the  substance  of 
 bread  and  wine,  or  no. 
 
 Secondly,  whether  it  be  necessary  by  God's  law  that  all 
 men  should  be  communicate  with  both  kinds,  or  no. 
 
 Thirdly,  whether  priests,  that  is  to  say,  men  dedicate 
 to  God  by  priesthood,  may,  by  the  law  of  God,  marry  after, 
 or  no. 
 
 Fourthly,  whether  vow  of  chastity  or  widowhood,  made 
 to  God  advisedly  by  man  or  woman,  be,  by  the  law  of  God, 
 to  be  observed,  or  no. 
 
 Fifthly,  whether  private  masses  stand  with  the  law  of 
 God,  and  be  to  be  used  and  continued  in  the  Church  and 
 congregation  of  England,  as  things  whereby  good  Christian 
 people  may  and  do  receive  both  godly  consolation  and 
 wholesome  benefits,  or  no. 
 
 Sixthly,  whether  auricular  confession  is  necessary  to  be 
 retained,  continued,  used,  and  frequented  in  the  Church, 
 or  no. 
 
 The  king's  most  royal  majesty,  most  prudently  pondering 
 and  considering,  that  by  occasion  of  variable  and  sundry 
 opinions  and  judgments  of  the  said  Articles,  great  discord 
 and  variance  has  arisen,  as  well  amongst  the  clergy  of  this 
 
Lxv]      HISTORY  OF  THE  ENGLISH  CHURCH  305 
 
 his  realm,  as  amongst  a  great  number  of  vulgar  people,  his      1539. 
 loving  subjects  of  the  same,  and  being  in  a  full  hope  and 
 trust  that  a  full  and  perfect  resolution  of  the  said  Articles 
 should  make  a  perfect  concord  and  unity  generally  amongst 
 all  his  loving  and  obedient  subjects,  of  his  most  excellent 
 goodness,  not  only  commanded  that  the  said  Articles  should 
 deliberately  and  advisedly,  by  his  said  archbishops,  bishops, 
 and  other  learned  men  of  his  clergy,  be  debated,  argued, 
 and  reasoned,  and  their  opinions  therein  to  be  understood, 
 declared,  and  known,  but  also  most  graciously  vouchsafed, 
 in  his  own  princely  person,  to  descend  and  come  into  his 
 said  High  Court  of  Parliament  and  council,  and  there,  like  a  The  king 
 prince  of  most  high  prudence  and  no  less  learning,  opened  {5^^^^"^  ^^ 
 and  declared  many  things  of  high  learning  and  great  know-  cussion  of 
 ledge,  touching  the  said  Articles,  matters,  and  questions,  for  ^  ^^^ 
 a  unity  to  be  had  in  the  same ;  whereupon,  after  a  great 
 and  long,  deliberate,  and  advised  disputation  and  consulta- 
 tion, had  and  made  concerning  the  said  Articles,  as  well  by 
 the  consent  of  the  king's  highness,  as  by  the  assent  of  the 
 lords  spiritual  and  temporal,  and  other  learned  men  of  his 
 clergy  in  their   Convocation,   and  by  the  consent  of  the 
 Commons  in  this  present  Parliament  assembled,  it  was  and 
 is  finally  resolved,  accorded,  and  agreed  in  manner  and  form 
 following,  that  is  to  say  : 
 
 First,  that  in  the  most  blessed  wSacrament  of  the  altar,  by  Result  of 
 the  strength  and  efficacy  of  Christ's  mighty  word  (it  being  ^.^'ib^"^^' 
 spoken  by  the  priest),  is  present  really,  under  the  form  of 
 bread  and  wine,  the  natural  body  and  blood  of  our  Saviour 
 Jesus  Christ,  conceived  of  the  Virgin  Mary ;  and  that  after 
 the  consecration  there  remaineth  no  substance  of  bread  or 
 wine,  nor  any  other  substance,  but  the  substance  of  Christ, 
 God  and  man. 
 
 Secondly,  that  communion  in  both  kinds  is  not  neces- 
 sary ad  salutem,  by  the  law  of  God,  to  all  persons  ;  and 
 that  it  is  to  be  believed,  and  not  doubted  of,  but  that  in  the 
 
 X 
 
3o6  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxv 
 
 1539.  flesh,  under  the  form  of  bread,  is  the  very  blood ;  and  with 
 the  blood,  under  the  form  of  wine,  is  the  very  flesh ;  as 
 well  apart,  as  though  they  were  both  together. 
 
 Thirdly,  that  priests  after  the  order  of  priesthood  re- 
 ceived, as  afore,  may  not  marry,  by  the  law  of  God. 
 
 Fourthly,  that  vows  of  chastity  or  widowhood,  by  man  or 
 woman  made  to  God  advisedly,  ought  to  be  observed  by 
 the  law  of  God  ;  and  that  it  exempts  them  from  other 
 liberties  of  Christian  people,  which  without  that  they  might 
 enjoy. 
 
 Fifthly,  that  it  is  meet  and  necessary  that  private  masses 
 be  continued  and  admitted  in  this  the  king's  English  Church 
 and  congregation,  as  whereby  good  Christian  people,  order- 
 ing themselves  accordingly,  do  receive  both  godly  and 
 goodly  consolations  and  benefits  ;  and  it  is  agreeable  also 
 to  God's  law. 
 
 Sixthly,  that  auricular  confession  is  expedient  and  neces- 
 sary to  be  retained  and  continued,  used  and  frequented  in 
 the  Church  of  God. 
 Thanks  to  For  the  which  most  godly  study,  pain,  and  travail  of  his 
 majesty,  and  determination  and  resolution  of  the  premises, 
 his  most  humble  and  obedient  subjects,  the  Lords  spiritual 
 and  temporal,  and  the  Commons,  in  this  present  Parliament 
 assembled,  not  only  render  and  give  unto  his  highness  their 
 most  high  and  hearty  thanks,  and  think  themselves  most 
 bound  to  pray  for  the  long  continuance  of  his  grace's  most 
 royal  estate,  but  also  being  desirous  that  his  most  godly 
 enterprise  may  be  well  accomplished,  and  brought  to  a  full 
 end  and  perfection,  and  so  established  that  the  same  might 
 be  to  the  honour  of  God,  and  after,  to  the  common  quiet, 
 unity,  and  concord  to  be  had  in  the  whole  body  of  this 
 realm  for  ever,  most  humbly  beseech  his  royal  majesty,  that 
 the  resolution  and  determination  above  written  of  the  said 
 Articles  may  be  established,  and  perpetually  perfected,  by 
 authority  of  this  present  Parliament : 
 
 the  kine;. 
 
Lxv]      HISTORY  OF  THE  ENGLISH  CHURCH  307 
 
 It  is  therefore  ordained   and   enacted  by  the  king  our      issy. 
 sovereign  lord,  the  Lords  spiritual  and  temporal,  and  the  The  First 
 Commons,  in  this  present  Parliament  assembled,  and  by  the  co^j'^s^tituf-^ 
 authority  of  the  same,  that  if  any  person  or  persons  within  ing  heresy 
 this  realm  of  England,  or  any  other  the  king's  dominions,  ^"     ^^^1 
 
 o  '  -'  o  3  son,  isto  be 
 
 after  the  twelfth  day  of  July  next  coming,  by  word,  writing,  punished 
 imprinting,  ciphering,  or  in  any  other  wise  do  publish,  ^^  "on-"^ 
 preach,  teach,  say,  affirm,  declare,  dispute,  argue,  or  hold  fiscation  of 
 any  opinion,  that  in  the  blessed  Sacrament  of  the  altar,  P'^P^''^^- 
 under  form  of  bread  and  wine  (after  the  consecration 
 thereof),  there  is  not  present  really  the  natural  body  and 
 blood  of  our  Saviour  Jesu  Christ  conceived  of  the  Virgin 
 Mary,  or  that  after  the  said  consecration  there  remaineth 
 any  substance  of  bread  or  wine,  or  any  other  substance, 
 but  the  substance  of  Christ,  God  and  man,  or  after  the 
 time  abovesaid  publish,  preach,  teach,  say,  affirm,  declare, 
 dispute,  argue,  or  hold  opinion  that  in  the  flesh,  under 
 form  of  bread,  is  not  the  very  blood  of  Christ ;  or  that 
 with  the  blood,  under  form  of  wine,  is  not  the  very  flesh 
 of  Christ,  as  well  apart  as  though  they  were  both  together ; 
 or  by  any  of  the  means  abovesaid,  or  otherwise,  preach, 
 teach,  declare,  or  affirm  the  said  Sacrament  to  be  of  other 
 substance  than  is  abovesaid ;  or  by  any  means  contemn, 
 deprave,  or  despise  the  said  blessed  Sacrament :  that  then 
 every  such  person  and  persons  so  offending,  their  aiders, 
 comforters,  counsellors,  consenters,  and  abettors  therein, 
 being  thereof  convicted  in  form  underwritten,  by  the  autho- 
 rity abovesaid,  shall  be  deemed  and  adjudged  heretics. 
 And  that  every  such  offence  shall  be  adjudged  manifest 
 heresy,  and  that  every  such  offender  and  offenders  shall 
 therefor  have  and  suffer  judgment,  execution,  pain,  and 
 pains  of  death  by  way  of  burning,  without  any  abjuration, 
 clergy,  or  sanctuary  to  be  therefor  permitted,  had,  allowed, 
 admitted,  or  suffered;  and  also  shall  therefor  forfeit  and 
 lose  to  the  king's  highness,  his  heirs  and  successors,  all  his 
 
 X  2 
 
3o8  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxv 
 
 1539.  or  their  honours,  manors,  castles,  lands,  tenements^  rents, 
 reversions,  services,  possessions,  and  all  other  his  or  their 
 hereditaments,  goods  and  chattels,  terms  and  freeholds, 
 whatsoever  they  be,  which  any  such  offender  or  offenders 
 shall  have  at  the  time  of  any  such  offence  or  offences  com- 
 mitted or  done,  or  at  any  time  after,  as  in  cases  of  high 
 treason. 
 Public  And  furthermore  be  it  enacted,  by  the  authority  of  this 
 
 teaching     present  Parliament,  that  if  any  person  or  persons,  after  the 
 
 and  main-    ^  '  -^   ^  ^  . 
 
 taining  said  twelfth  day  of  July,  preach  in  any  sermon  or  collation 
 upon  trial  Qpg^ly  made  to  the  king's  people,  or  teach  in  any  common 
 ii-vi  in-      school  or  to  Other  congregation  of  people,  or  being  called 
 
 yolve  a       before  such  iudGfes  and  according  to  such  form  of  the  law 
 
 felon  s  J      n  o 
 
 death  with  as  hereafter  shall  be  declared,  do  obstinately  affirm,  uphold, 
 
 forfeiture,  maintain,  or  defend  that  the  communion  of  the  said  blessed 
 Sacrament  in  both  kinds,  that  is  to  say,  in  form  of  bread 
 and  also  of  wine,  is  necessary  for  the  health  of  man's  soul, 
 to  be  given  or  ministered,  or  ought  or  should  be  given  or 
 ministered  to  any  person  in  both  kinds,  or  that  it  is  neces- 
 sary so  to  be  received  or  taken  by  any  person  other  than 
 by  priests  being  at  Mass  and  consecrating  the  same ;  or 
 that  any  man,  after  the  order  of  priesthood  received  as 
 aforesaid,  may  marry  or  may  contract  matrimony,  or  that 
 any  man  or  woman  which  advisedly  has  vowed  or  professed, 
 or  shall  vow  or  profess,  chastity  or  widowhood,  may  marry  or 
 may  contract  matrimony,  or  that  private  masses  be  not  lawful 
 or  not  laudable,  or  should  not  be  celebrated,  had,  nor  used 
 in  this  realm,  nor  be  not  agreeable  to  the  laws  of  God  ;  or 
 that  auricular  confession  is  not  expedient  and  necessary  to 
 be  retained  and  continued,  used  and  frequented,  in  the 
 Church  of  God ;  or  if  any  priest,  after  the  said  twelfth  day 
 of  July,  or  any  other  man  or  woman  which  advisedly  has 
 vowed,  or  after  the  said  day  advisedly  do  vow  chastity  or 
 widowhood,  do  actually  marry  or  contract  matrimony  with 
 any  person :  that  then  all  and  every  person  and  persons  so 
 
Lxv]      HISTORY  OF  THE  ENGLISH  CHURCH 
 
 309 
 
 preaching,  teaching,  obstinately  affirming,  upholding,  main-  15;7J. 
 taining,  or  defending,  or  making  marriage  or  contract  of 
 matrimony,  as  is  above  specified,  be  and  shall  be,  by 
 authority  above  written,  deemed  and  adjudged  a  felon  and 
 felons ;  and  that  every  offender  in  the  same,  being  therefor 
 duly  convicted  or  attainted  by  the  laws  underwritten,  shall 
 therefor  suffer  pains  of  death,  as  in  cases  of  felony,  without 
 any  benefit  of  clergy  or  privilege  of  church  or  sanctuary  to 
 him  or  her  to  be  allowed  in  that  behalf,  and  shall  forfeit  all 
 his  or  her  lands  and  goods,  as  in  cases  of  felony,  and  that 
 it  shall  be  lawful  to  the  patron  or  patrons  of  any  manner  of 
 benefice  which  any  such  offender  at  the  time  of  his  said 
 conviction  or  attainder  had,  to  present  one  other  incumbent 
 thereunto,  as  if  the  same  person  so  convicted  or  attainted 
 had  been  bodily  deceased. 
 
 Also  be  it  enacted  by  the  authority  aforesaid,  that  if  any  Any  other 
 person  or  persons,  after  the  said  twelfth  day  of  July,  by  ^f  A^r'r' 
 word,    writing,   printing,    ciphering,   or   otherwise   than   is  ii-vi  in- 
 above  rehearsed,  publish,  declare,  or  hold  opinion  that  the  l'^^''^  ^°'"' 
 .  ^  feiture  for 
 
 said  communion  of  the  blessed  Sacrament  in  both  kinds  the  first 
 
 aforesaid  is  necessary  for  the  health  of  man's  soul  to  be  °^f"^^' 
 
 ,   .      ,       ,  and  the 
 
 given  or  ministered  in  both  kinds,  and  so  ought  or  should  penalty  of 
 be  given  and  ministered  to  any  person,  or  ought  or  should  'f^'°"^  ^°'' 
 be  so  in  both  kinds  received  or  taken  by  any  person  other  second, 
 than  by  priests  being  at  Mass  and  consecrating  the  same  as 
 is  aforesaid,  or  that  any  man  after  the  order  of  priesthood 
 received  as  is  aforesaid,  may  marry  or  may  make  contract 
 of  matrimony,  or  that  any  man  or  woman  which  advisedly 
 has  made  or  shall  make  a  vow  to  God  of  chastity  or  widow- 
 hood, may  marry  or  may  make  contract  of  matrimony,  or 
 that  private  masses  be  not  lawful  or  not  laudable,  or  should 
 not  be  celebrated,  had,  nor  u^ed,  nor  be  agreeable  to  the 
 laws  of  God,  or  that  auricular  confession  is  not  expedient 
 and  necessary  to  be  retained  and  continued,  used  and  fre- 
 quented, in  the  Church  of  God;  every  person,  being  for 
 
DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxv 
 
 1539. 
 
 Treatment 
 of  further 
 
 every  such  offence  duly  convicted  or  attainted  by  the  laws 
 underwritten,  shall  forfeit  and  lose  to  the  king,  our  sovereign 
 lord,  all  his  goods  and  chattels  for  ever,  and  also  the  profits 
 of  all  his  lands,  tenements,  annuities,  fees,  and  offices 
 during  his  life,  and  all  his  benefices  and  spiritual  promo- 
 tions shall  be  utterly  void,  and  also  shall  suffer  imprisonment 
 of  his  body  at  the  will  and  pleasure  of  our  said  sovereign 
 lord  the  king  ;  and  if  any  such  person  or  persons,  being  once 
 convicted  of  any  the  offences  mentioned  in  this  article  as  is 
 abovesaid,  do  afterwards  eftsoons  offend  in  any  of  the  same, 
 and  be  thereof  accused,  indicted,  or  presented  and  con- 
 victed again  by  the  authority  of  the  laws  underwritten,  that 
 then  every  such  person  and  persons  so  being  twice  con- 
 victed and  attainted  of  the  said  offences,  or  of  any  of  them, 
 shall  be  adjudged  a  felon  and  felons,  and  shall  suffer  judg- 
 ment, execution,  and  pains  of  death,  loss  and  forfeiture  of 
 lands  and  goods,  as  in  cases  of  felony,  without  any  privilege 
 of  clergy  or  sanctuary  to  be  in  any  wise  permitted,  admitted, 
 or  allowed  in  that  behalf. 
 
 Be  it  further  enacted  by  the  authority  abovesaid,  that  if 
 any  person,  which  is  or  has  been  a  priest,  before  this  present 
 Parhament  or  during  the  time  of  session  of  the  same  has 
 married  and  has  made  any  contract  of  matrimony  with 
 any  woman,  or  that  any  man  or  woman,  w^hich  before  the 
 making  of  this  Act  advisedly  has  vowed  chastity  or  widow- 
 hood, before  this  present  Parliament  or  during  the  session  of 
 the  same  has  married  or  contracted  matrimony  with  any 
 person ;  that  then  every  such  marriage  and  contract  of 
 matrimony  shall  be  utterly  void  and  of  none  effect,  and 
 that  the  ordinaries,  within  whose  diocese  or  jurisdiction  the 
 person  or  persons  so  married  or  contracted  is  or  be  resident 
 or  abiding,  shall  from  time  to  time  make  separation  and 
 divorces  of  the  said  marriages  and  contracts. 
 
 And  further  it  is  enacted  by  the  authority  abovesaid,  that 
 if  any  man,  which  is  or  has  been  priest  as  is  aforesaid,  at  any 
 
Lxv]     HISTORY  OF  THE  ENGLISH  CHURCH  311 
 
 time  from  and  after  the  said  twelfth  day  of  July  next  coming,      1539. 
 do  carnally  keep  or  use  any  woman  to  whom  he  is  or  has  pffence 
 been  married,  or  with  whom  he  has  contracted  matrimony,  Article 
 or  openly  be  conversant  [or]  keep  company  and  familiarity 
 with  any  such  woman  to  the  evil  example  of  other  persons, 
 every  such  carnal  use,  copulation,  open  conversation,  keep- 
 ing of  company,  and  familiarity  be  and  shall  be  deemed 
 and  adjudged  felony  as  well  against  the  man  as  the  woman, 
 and  that  every  such  person  so  offending  shall  be  inquired 
 of,  tried,  punished,  suffer  loss,  and  forfeit  all  and  every  thing 
 and  things,  as  other  felons  made  and  declared  by  this  Act, 
 and  as  in  case  of  felony  as  is  aforesaid. 
 
 And  be  it  further  enacted  by  authority  abovesaid,  that  Refusing 
 if  any  person  or  persons  at  any  time  hereafter  contemn  or  t°  ^°"f^ss 
 contemptuously  refuse,  deny,  or  abstain  to  be  confessed  at  municate 
 
 the   time   commonly   accustomed   within   this   realm   and  ^"^°  Y^^  . 
 ■'  penalty  of 
 
 Church  of  England,  or  contemn  or  contemptuously  refuse,  felony, 
 deny,  or  abstain  to  receive  the  holy  and  blessed  Sacrament 
 abovesaid  at  the  time  commonly  used  and  accustomed  for 
 the  same,  that  then  every  such  offender,  being  thereof  duly 
 convicted  or  attainted  by  the  laws  underwritten,  shall  suffer 
 such  imprisonment  and  make  such  fine  and  ransom  to  the 
 king  our  sovereign  lord  and  his  heirs,  as  by  his  highness  or 
 by  his  or  their  council,  shall  be  ordered  and  adjudged  in 
 that  behalf.  And  if  any  such  offender  or  offenders,  at  any 
 time  or  times  after  the  said  conviction  or  attainder  so  had, 
 do  eftsoons  contemn  or  contemptuously  refuse,  deny,  or 
 abstain  to  be  confessed  or  to  be  communicate  in  manner 
 and  form  above  written,  and  be  thereof  duly  convicted  or 
 attainted  by  the  laws  underwritten,  that  then  every  such 
 offence  shall  be  deemed  and  adjudged  felony,  and  the 
 offender  or  offenders  therein  shall  suffer  pains  of  death,  and 
 lose  and  forfeit  all  his  and  their  goods,  lands,  and  tenements 
 as  in  cases  of  felony. 
 
 And    for  full  and   effectual  execution   of  the   premises 
 
312  DOCUMENTS  ILLUSTRATIVE   OF  THE      [lxv 
 
 1539.  before  devised,  ordained,  and  enacted  by  this  Act,  be  it 
 Special  further  enacted  by  the  authority  of  this  present  Parha- 
 commis^-^  ment,  that  immediately  after  the  said  twelfth  day  of  July 
 sions  of  next  coming  sundry  commissions  shall  be  made  from  time 
 toTe^^  to  time  into  every  shire  of  this  realm  and  Wales,  and  in  and 
 instituted,  to  such  Other  places  within  the  king's  dominions  as  shall 
 please  his  majesty  to  be  directed  to  the  archbishop  or 
 bishop  of  the  diocese,  and  to  his  chancellor  or  commis- 
 sary, and  to  such  other  persons  as  shall  be  named  by  his 
 highness,  or  by  such  other  as  his  majesty  at  his  pleasure 
 shall  appoint  to  name  the  same,  which  archbishop  or 
 bishop,  his  chancellor  or  commissary,  and  other  persons  so 
 to  be  named,  or  three  of  them  at  the  least,  whereof  the 
 archbishop  or  bishop  or  his  chancellor  or  commissary  to  be 
 one,  shall  hold  and  keep  their  sessions  within  the  limits  of 
 their  commission,  four  several  times  of  the  year,  at  the  least, 
 or  oftener  if  they  shall  think  it  expedient  by  their  discre- 
 tions, and  shall  have  power  and  authority  by  virtue  of  this 
 Act  and  their  said  commission,  as  well  to  take  information 
 and  accusation  by  the  oaths  and  depositions  of  two  able 
 and  lawful  persons  at  the  least,  as  to  inquire  by  the  oaths 
 of  twelve  men  of  all  and  singular  the  heresies,  felonies, 
 contempts,  and  other  offences  above  written,  committed, 
 done,  or  perpetrated  within  the  limits  of  their  commission. 
 And  that  every  such  accusation  and  information  containing 
 the  matter,  names,  surnames,  and  dwelling-places  of  the 
 offenders,  and  the  day,  year,  place,  and  county  when  and 
 wherein  their  offences  were  committed,  shall  be  of  as  good 
 force  and  effect  in  the  law  as  if  the  matter  therein  contained 
 had  been  presented  by  the  verdict  of  twelve  men. 
 General  And  nevertheless  it  is  further  enacted,  that  every  of  the 
 
 episcopal    g^i^  archbishops  and  bishops,  and  every  of  their  chancellors, 
 
 and  magis-  ^.        .        .        . 
 
 terial  in-     commissaries,  archdeacons,  and  other  ordmaries,  havmg  any 
 quiry  also  peculiar  ecclesiastical  jurisdiction  within  this  realm,  or  in 
 
 3.utnO" 
 
 rized.  Wales,  or  in  any  other  the  king's  dominions,  shall  have  full 
 
Lxv]      HISTORY  OF  THE  ENGLISH  CHURCH  313 
 
 power  and  authority,  by  virtue  of  this  Act,  as  well  to  inquire  1539. 
 in  their  visitations  and  senys  [synods?]  as,  there  and  else- 
 where within  their  jurisdictions,  at  any  other  time  or  place, 
 to  take  accusations  and  informations,  as  is  aforesaid,  of 
 the  heresies,  felonies,  contempts,  and  offences  above-men- 
 tioned, done,  committed,  or  perpetrated  within  the  limits 
 of  their  jurisdiction  and  authorities,  and  that  every  such 
 accusation,  information,  and  presentment  so  taken  or  had 
 as  is  aforesaid  shall  be  of  as  good  force  and  effect  as  if 
 the  matter  therein  contained  had  been  presented  before 
 the  justices  of  peace  in  their  sessions.  And  also  that 
 justices  of  peace  in  their  sessions,  and  every  steward,  under- 
 steward,  and  deputy  of  [the]  steward  of  any  leet  or  lawday, 
 in  their  leet  or  lawday,  shall  have  like  power  and  autho- 
 rity, by  virtue  of  this  Act,  to  inquire  by  the  oaths  of  twelve 
 lawful  men  of  all  and  singular  the  heresies,  felonies,  and 
 contempts,  and  other  offences  above  written,  done,  per- 
 petrated, or  committed  within  the  limits  of  their  commissions 
 and  authorities. 
 
 And  it  is  also  enacted  by  the  authority  aforesaid,  that  every  Extension 
 such  person  or  persons  afore  whom  any  presentment,  in-  o^  the  in- 
 formation, or  accusation  shall  be  made  and  taken  as  is  afore-  witnesses, 
 said,  shall  examine  the  accusers  what  other  witnesses  were 
 by  and  present  at  the  time  of  doing  and  committing  of  the 
 offence  whereof  the  information,  accusation,  or  presentment 
 shall  be  made,  and  how  many  others  than  the  accusers 
 have  knowledge  thereof,  and  shall  have  power  and  authority 
 to  bind  by  recognisance  to  be  taken  afore  them,  as  well 
 the  said  accusers  as  all  such  other  persons  whom  the  same 
 accusers  shall  declare  to  have  knowledge  of  the  offences  by 
 them  presented  or  informed,  every  of  them,  in  five  pounds 
 to  the  king  our  sovereign  lord,  to  appear  before  the  com- 
 missioners, afore  whom  the  offender  or  offenders  shall  be 
 tried,  at  the  day  of  the  trial  of  such  offenders.  And  that  all 
 and  singular  indictments,  presentments,  accusations,  informa- 
 
314  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxv 
 
 1539.  tions,  and  recognisances  taken  and  had  as  is  aforesaid 
 within  twenty  days  next  after  the  taking  of  the  same,  shall 
 be  certified  in  due  form,  by  writing  upon  parchment,  by  the 
 taker  or  takers  thereof,  under  his  or  their  seals,  unto  any 
 one  of  the  said  commissioners  to  be  appointed  as  is  afore- 
 said, within  the  limits  of  whose  commission  the  heresies, 
 felonies,  contempts,  and  offences  whereof  any  such  present- 
 ment, indictment,  information,  or  accusation  shall  be  taken 
 or  had,  as  is  above  written,  shall  be  committed,  done,  or 
 perpetrated.  And  if  any  person  or  persons  which  hereafter 
 shall  happen  to  take  any  such  accusation,  information, 
 presentment,  or  recognisances  as  is  abovesaid,  do  make 
 default  of  the  certificate  thereof,  contrary  to  the  form  above 
 rehearsed,  that  then  every  person  and  persons  so  offending 
 shall  forfeit  to  our  sovereign  lord  the  king  for  every  such 
 default  ten  pounds. 
 Summary        And  it  is  further  enacted  by  the  authority  abovesaid,  that 
 
 powers  of  ^^^q  said  commissioners,  or  three  of  them  at  the  least,  as  is 
 the  com-  '  ' 
 
 missioners  aforesaid,  by  virtue  of  this  Act  and  their  commission  shall 
 as  in  cases  }^^^q.  f^\\  power  and  authority  to  make  like  process  against 
 every  person  and  persons  indicted,  presented,  or  accused,  in 
 form  as  is  above  remembered,  as  is  used  and  accustomed 
 in  case  of  felony,  and  that,  as  well  within  the  limits  of  their 
 commission  as  into  all  other  shires  and  places  of  the  realm, 
 Wales,  and  other  the  king's  dominions,  as  well  within 
 liberties  as  without,  and  the  same  process  to  be  good  and 
 effectual  in  the  law  as  in  cases  of  felony ;  and,  upon  the 
 appearance  of  any  of  the  offenders,  shall  have  full  power 
 and  authority,  by  virtue  of  this  Act  and  the  said  commis- 
 sion, to  hear  and  determine  the  foresaid  heresies,  felonies, 
 contempts,  and  other  offences  according  to  the  laws  of  this 
 realm  and  the  effects  of  this  Act. 
 Offenders        And  it  is  also  enacted  by  the  authority     bovesaid,  that 
 
 ^°  ^^  every  of  the  said  commissioners,  upon  any  such  accusation, 
 
 appre-  •'  . 
 
 hended,      presentment,  or  information,  shall  endeavour  himself  effect- 
 
Lxv]      HISTORY  OF  THE  ENGLISH  CHURCH  315 
 
 ually,  without  affection,  dread,  or  corruption,  to  apprehend  1539, 
 and  take  the  offenders ;  and  after  the  apprehension  of  any  bail  being 
 such  offender  or  offenders  shall  have  full  power  and  autho- 
 rity to  commit  them  to  ward,  and  that  the  said  commis- 
 sioners, or  two  of  them  at  the  least,  shall  have  full  power 
 and  authority  to  let  any  person  or  persons,  so  accused  or 
 presented,  upon  sufficient  sureties  by  their  discretions,  to 
 bail  for  their  appearance,  to  be  tried  according  to  the  tenor, 
 form,  and  effect  of  this  Act. 
 
 And  further  it  is  enacted  by  authority  abovesaid,  that  if  Commis- 
 any  person    or   persons  which   hereafter   shall  be   named  tJj°^[^ 
 and  assigned  to  be  commissioner  or  commissioners,  as  is  selves 
 abovesaid,  be  accused,  indicted,  or  presented  of  or  for  any  °^  ^"  ^J."^^ 
 the  offences  above  written,  that  then  all  and  every  such 
 commissioner  or  commissioners,  so  accused,  indicted,  and 
 presented,  shall  be  examined,  put  to  answer,  and  tried  of 
 and   upon  any  such  offence  according  to  the  tenor  and 
 effect  of  this  Act,  before  such  other  person  or  persons  as 
 it  shall  please  the  king's    highness  to  name,   assign,   and 
 appoint  by  his  grace's  commission  to  hear  and  determine 
 the  same. 
 
 And  it  is  further  enacted  by  authority  abovesaid,  that  no  Right  of 
 
 person    or  persons  which    at   any  time  hereafter  shall  be  ^  ^  f  "^f 
 ir  f  J  regulated. 
 
 accused,  indicted,  or  presented,  as  is  abovesaid,  shall  be 
 admitted  to  the  challenge  of  any  person  or  persons,  which 
 shall  be  empanelled  for  the  trial  of  his  or  their  offence,  for 
 any  matter  or  cause  other  than  for  malice  or  enmity,  which 
 challenge  shall  forthwith  be  tried  in  like  manner  as  other 
 challenges  be  used  to  be  tried  in  cases  of  felony. 
 
 And  it  is  further  enacted  by  the  authority  abovesaid,  that  Regula- 
 all  foreign  pleas  triable  by  the  country,  which  at  any  time  ^0°"^^^  ^^ 
 hereafter  shall  be  pleaded  by  any  person  or  persons  here-  pleas, 
 after  to  be  arraigned  or  put  to  answer  upon  any  accusation, 
 indictment,  or  presentment,  of  or  for  any  the  offences  above 
 specified,  or  of  or  for  any  of  them,  shall  be  tried  before  the 
 
3i6  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxv 
 
 1509.      same   commissioners  afore  whom  such  person  or  persons 
 shall  be  arraigned  or  put  to  answer,  and  by  the  jurors  that 
 shall  try  the  said  offence  or  offences,  without  any  further 
 respite  or  delay. 
 All  local         And  it  is  further  enacted  by  the  authority  abovesaid,  that 
 to  V°?t^^  all  mayors,  sheriffs,   stewards,  bailiffs  of  liberties,  gaolers, 
 the  com-     and  other  officers  and  ministers,  of  what  name,  degree,  or 
 mission-      condition  soever  they  be,  and  every  of  them,  shall  from 
 time  to  time  truly  and  diligently  receive  and  serve  all  and 
 all  manner  the  process,   precepts,  and  commandments  to 
 them  or  any  of  them,  by  the  said  commissioners  or  any  of 
 them,  to  be  made,  given,  or  directed,  touching  or  concern- 
 ing the  premises  or  any  parcel  thereof,  and  shall  also,  from 
 time  to  time,  be  obedient  and  attendant  unto  the  said  com- 
 missioners for  the  time  being  for  the  due  execution  of  this 
 present  Act,  or  of  anything  therein  contained. 
 Oath  to  be      And  it  is  also  enacted  that  every  person  which  shall  be 
 ta  en    y     ^^med  to  be  commissioner  in  the  said  commission,  after 
 
 commis-  ' 
 
 sioners       that  he  has    knowledge   thereof,  shall   effectually  put  his 
 ""  ^L         diliorence  and  attendance  in  and  about  the  execution  of  the 
 
 penalty.  ° 
 
 said  commission,  and  before  he  shall  take  upon  him  the 
 execution  of  the  same  commission,  shall  take  a  corporal  oath 
 before  the  lord  chancellor  of  England  for  the  time  being, 
 or  before  him  or  them  to  whom  the  said  lord  chancellor 
 shall  direct  the  king's  writ  of  Dedimus  potestatem  to  take 
 the  same,  the  tenor  of  which  oath  hereafter  ensues.  '  Ye 
 shall  swear  that  ye,  to  your  cunning,  wit,  and  power,  shall 
 truly  and  indifferently  execute  the  authority  to  you  given  by 
 the  king's  commission,  made  for  correction  of  heretics 
 and  other  offenders  mentioned  in  the  same  commission, 
 without  any  favour,  affection,  corruption,  dread,  or  malice 
 to  be  borne  to  any  person  or  persons,  as  God  you  help 
 and  all  saints.'  And  in  case  that  any  of  the  said  persons 
 named  to  be  commissioners  refuse  to  take  the  said  oath,  or 
 willingly  absent  or  eloigne  himself  from  the  taking  of  the 
 
Lxv]       HISTORY  OF  THE  ENGLISH  CHURCH  317 
 
 said  oath,  then  every  such  person  so  offending,  and  the  1539. 
 same  offence  estreated  and  certified  into  the  king's  exche- 
 quer by  the  said  lord  chancellor,  or  by  him  or  them  to 
 whom  any  such  writ  of  Dedimus  potesfatem,  as  is  aforesaid, 
 shall  be  directed,  shall  forfeit  and  lose  to  our  said  sovereign 
 lord  the  king,  for  every  time  so  offending,  five  marks  of 
 lawful  money.  >/ 
 
 And  it  is  also  enacted  by  the  authority  abovesaid,  that  Seizure 
 
 the  said  commissioners  and  every  of  them  shall,  from  time  ^^^  ^^' 
 
 ■'    .  struction 
 
 to  time,  have  full  power  and  authority,  by  virtue  of  this  Act,  of  books 
 to  take  into  his  or  their  keepinsf  [or]  possession  all  and  all  containing 
 
 ^      o    L     J  1  contrary 
 
 manner  of  books  which  be  and  have  been,  or  hereafter  doctrine, 
 shall  be,  set  forth,  read,  or  declared  within  this  realm,  or 
 other  the  king's  dominions,  wherein  is  or  be  contained  or 
 comprised  any  clause,  article,  matter,  or  sentence  repugnant 
 or  contrary  to  the  tenor,  form,  or  effect  of  this  present  Act, 
 or  any  of  the  articles  contained  in  the  same.  And  the 
 said  commissioners,  or  three  of  them  at  the  least,  to  burn 
 or  otherwise  destroy  the  said  books,  or  any  part  of  them,  as 
 unto  the  said  commissioners,  or  unto  three  of  them  at  the 
 least;,  shall  be  thought  expedient  by  their  discretions. 
 
 And  it  is  also  enacted  by  the  authority  abovesaid,  that  every  This  Act 
 parson,  vicar,  curate,  or  parish  priest  of  every  parish  church  to  be  pen- 
 within  this  realm,  or  other  the  king's  dominions,  or  his  or  read  in 
 their  deputy,  upon  the  Sunday  next  after  the  first  day  of  Sep-  c^^^^'^^^s. 
 tember  next  ensuing,  and  so  from  thenceforth  once  in  every 
 quarter  of  the  year  at  the  least,  shall  openly,  plainly,  and 
 distinctly  read  this  present  Act  in  the  parish  church  where 
 he  is  parson,  vicar,  curate,  parish  priest,  or  deputy,  unto 
 his  or  their  parishioners  then  assembled  together  to  hear 
 divine  service ;  and  that  every  such  parson,  vicar,  curate,  or 
 parish  priest  making  default  of  reading  this  Act,  contrary  to 
 the  form  aforesaid,  shall  forfeit  unto  our  said  sovereign  lord, 
 his  heirs  and  successors,  for  every  such  default,  forty  shillings 
 sterling. 
 
3i8  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxv 
 
 1539.  Saving  to  all  and  singular  person  and  persons,  bodies  poli- 
 
 1  he  penal-  tic  and  corporate,  their  heirs  and  successors,  and  to  the  heirs 
 cases  to  be  ^'^^  successors  of  every  of  them,  other  than  all  and  singular 
 individual  such  person  and  persons  that  shall  be  hereafter  convicted 
 or  attainted  of  or  for  any  the  offences  or  contempts  above 
 specified,  their  heirs  and  successors,  and  the  heirs  and  suc- 
 cessors of  every  of  them,  all  such  right,  title,  claim,  interest, 
 entry,  possession,  rents,  reversions,  fees,  annuities,  commons, 
 offices,  profits,  and  demands  whatsoever,  as  they  or  any  of  them 
 have,  or  then  at  the  time  of  the  said  conviction  or  attainder 
 had,  shall  have,  of,  in,  or  to  any  honours,  castles,  lordships, 
 manors,  lands,  tenements,  liberties,  franchises,  advowsons, 
 and  other  hereditaments  which  any  such  person  or  persons, 
 being  so  convicted  or  attainted  as  is  aforesaid,  had,  or  were 
 entitled  to  have,  at  the  time  of  their  offence  or  offences  com- 
 mitted, or  at  any  time  after,  and  that  in  as  ample  manner, 
 form,  and  condition,  to  all  intents,  constructions,  and  pur- 
 poses, as  if  this  Act  had  never  been  had  nor  made ;  anything 
 contained  in  this  Act  to  the  contrary  in  any  wise  notwith- 
 standing. Provided  always  that  the  lords  shall  not  have  nor 
 claim  any  escheats  of  any  offender  or  offenders  that  shall 
 be  judged  to  be  burned  by  authority  of  this  Act. 
 Penalty  Be  it  also  further  enacted  by  the  authority  aforesaid,  not 
 
 r?a"-'e^of  §^^^"§  advantage  or  detriment  to  any  article  afore  rehearsed, 
 clergy  that  if  any  man  which  is  or  has  been  priest,  or  hereafter  shall 
 be,  at  any  time  after  the  said  twelfth  day  of  July,  do  carnally 
 use  and  accustom  any  woman,  or  keep  her  as  his  concubine, 
 as  by  paying  for  her  board,  maintaining  her  with  money, 
 array,  or  any  other  gifts  or  means  to  the  evil  example  of 
 other  persons ;  that  then  every  such  offender,  being  thereof 
 duly  convicted  or  attainted  by  the  laws  mentioned  in  this 
 Act,  shall  forfeit  and  lose  all  his  goods  and  chattels,  bene- 
 fices, prebends,  and  other  spiritual  promotions  and  dignities, 
 and  also  shall  have  and  suffer  imprisonment  of  his  body 
 at  the  king's  will  and  pleasure ;  and  that  every  of  the  said 
 
 after  date. 
 
Lxv]       HISTORY  OF  THE  ENGLISH  CHURCH  319 
 
 benefices,  prebends,  and  other  promotions  and  dignities  1539. 
 shall  be  to  all  intents  and  purposes  utterly  void,  as  if  the 
 said  offender  had  resigned  or  permuted.  And  if  any  such 
 offender  or  offenders,  at  any  time  after  the  said  conviction 
 or  attainder,  eftsoons  commit,  do,  or  perpetrate  the  said 
 offences  or  any  of-  them  next  afore  rehearsed,  and  be 
 thereof  duly  convicted  or  attainted  by  the  laws  aforesaid, 
 that  then  all  and  every  such  offence  and  offences  shall  be 
 deemed  and  adjudged  felony,  and  the  offender  or  offenders 
 therein  shall  suffer  pains  of  death,  and  lose  and  forfeit  all 
 his  and  their  goods,  lands,  and  tenements,  as  in  cases  of 
 felony,  without  having  any  benefit  of  clergy  or  sanctuary. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid,  that  Punish- 
 those  women  with  whom  all   or  sins^ular  of  the  foresaid  [?^"^ 
 
 °  their 
 
 priests  shall  in  any  of  the  foresaid  ways  have  to  do  with,  or  women, 
 carnally  know,  as  is  aforesaid,  shall  have  like  punishment 
 as  the  priests. 
 
 And  because  disputations  and  doubts  might  perhaps  rise  Limitation 
 hereafter  upon  these  words  in  this  Act,  that  is  to  say :  ad-  jjo-ation  of 
 visedly  made  to  God,  be  it  therefore  provided  and  enacted  vows. 
 by  authority  aforesaid  that  these  words  in  the  Act,  that  is 
 to  say  :    advisedly  made   to   God   for  vows   of  chastity  or 
 widowhood,  shall    be    only   taken,   expounded,   and   inter- 
 preted to  bind  such  person   or  persons   and  none   other 
 (saving  priests),  to  and  by  the  same  which  at  the  time  of 
 any  of  their  so  vowing,  being  thereto  admitted,  were  or  shall 
 be  of  the  age  of  twenty-one  years  or  above,  and  then  did  or 
 do  consent,  submit  themselves,  or  condescend  to  the  same, 
 and  continue  or  continued  in  observation  of  it  any  while 
 after,   unless  any  such  person   or  persons  do  or  can  duly 
 prove  any  unlawful  coercion  or  compulsion  done  to  them, 
 or  any  of  them,  for  making  of  any  such  vow. 
 
320  DOCUMENTS  ILLUSTRATIVE  OF  THE    [lxvi 
 
 LXVI. 
 
 DEED  OF  SURRENDER  OF  WESTMINSTER 
 ABBEY,  A.D.   1540. 
 
 1540.  This  document  is  inserted  here  in  order  to  show  the  terms  of  an 
 
 ordinary  deed  of  surrender. 
 
 [Tr.  from  P.  R.  O.  Augmentation  Office,  Deed  of  Surrender  260.] 
 
 Uncon-  To   all   the   faithful   in    Christ    to   whom    the    present 
 
 itiona        charter  shall  come,  William,  by  Divine  permission  abbot 
 surrender  '  '      -^  ^ 
 
 to  the  king  of  the  monastery  of  St.  Peter,  Westminster,  in  the  county 
 ^  ^  ^         of  Middlesex,  and  the  convent  of  the  same  place,  greeting : 
 
 monastery  '  i  '  o  o 
 
 itself  know  ye  that  we,  the  aforenamed  abbot  and  convent,  by  our 
 
 unanimous  assent  and  consent  and  free  will,  have  given, 
 granted,  and  by  this  our  present  charter  confirmed  to  our 
 most  excellent  prince  and  lord,  the  lord  Henry  VIII,  by 
 the  grace  of  God  king  of  England  and  France,  defender 
 of  the  faith,  lord  of  Ireland,  and  supreme  head,  on  earth,  of 
 the  English  Church,  all  our  monastery  aforesaid,  and  the 
 church,  cloister,  site,  ambit,  circuit,  and  precinct  of  the  same 
 andallpos-  monastery,  as  well  as  all  and  singular  our  lordships,  manors, 
 sessions      hundreds,  granges,  messuasfes,  lands,  tenements,  meadows, 
 
 and  rights  5  &        &     '  &     '  5  j  ' 
 
 what-  marshes,  feedings,  pastures,  woods,  parks,  warrens,  commons, 
 
 soever  wastes,  furze  and  heath  lands,  waters,  fisheries,  rents, 
 reversions,  services,  annuities,  fee  farms,  churches,  chapels, 
 rectories,  vicarages,  advowsons,  donations,  presentations, 
 rights  of  patronage  of  churches,  chapels,  chantries,  and 
 hospitals,  pensions,  portions,  tithes,  oblations,  knights'  fees, 
 escheats,  reliefs,  courts  leet,  views  of  frankpledge,  fairs, 
 markets,  and  other  rights,  jurisdictions,  franchises,  liberties, 
 .  privileges,  possessions,  and  hereditaments  whatsoever,  as 
 
Lxvi]      HISTORY  OF  THE  ENGLISH   CHURCH  321 
 
 well  spiritual  as  temporal,  of  whatsoever  kind,  nature,  or      1540. 
 
 sort   they   be,    or  by   whatsoever   names    they  be    called, 
 
 known,  or  recognized,  situate,  lying,  or  being,  as  well  in  the  in  nineteen 
 
 counties  of  Middlesex,  Hertford,  Essex,  Cambridge,  Lincoln  ^P^ci^ed 
 
 ^  ^  '  counties 
 
 Norfolk,    Suffolk,    Berks,    Oxford,    Bucks,    Bedford,   Kent,  and  in 
 
 Sussex,  Surrey,  Somerset,  Dorset,  Southampton,  Wilts,  and  L^^^^^"' 
 Gloucester,  and  in  the  city  of  London,  as  elsewhere  where- 
 soever within  the  kingdom  of  England  and  in  Wales,  and 
 the  marches  of  the  same.     And  also  all  and  all  manner  of 
 ornaments  of  the  church,  jewels,  goods,  chattels,  and  debts 
 whatsoever,  which  in  right  or  by  reason,  or  pretext  of  our 
 said  monastery,  or  in  any  other  manner  we  have  or  ought 
 to  have,  hold,  and  enjoy,  all  the  aforesaid  monastery,  and 
 all  and  singular  the  aforesaid  lordships,  manors,  lands,  rents, 
 revenues,   services,  rectories,  vicarages,  churches,   chapels, 
 goods,  chattels,  and  other  all  and  singular  the  premises  above 
 specified,  with  all  their  appurtenances,  to  the  aforenamed  our 
 lord  the  king,  his  heirs  and  successors  for  ever.     And  we,  with 
 indeed,  the  aforesaid  abbot  and  convent,  and  our  successors,  warranto 
 will  warrant  and  by  the  presents  defend  all  the  aforesaid 
 monastery,  and  all  the  aforesaid  lordships,  manors,  lands, 
 tenements,  and  other  all  and  singular  the  premises  above 
 specified  with  their  appurtenances,  to  our  aforesaid  lord  the 
 king,  his  heirs  and  successors,  against  all  men  for  ever.     In 
 witness  whereof  we  have  set  our  common  seal  to  this  our 
 present  charter.     Done  in  our  Chapter  House  the  sixteenth  Dated 
 day  of  January  in  the  thirty-first  year  of  the  reign  of  the  j^J^^^  ' 
 said  now  lord,  King  Henry  VHL 
 
 0 
 
 The  signatures  of  the  abbot,  William  Boston,  the  prior, 
 Dionysius  Dalyons,  and  twenty-three  monks  follow. 
 
322  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxvii 
 
 LXVII. 
 
 V 
 
 ACT  AGAINST  REVILERS,  AND  FOR  RECEIVING 
 IN  BOTH  KINDS,  a.  d.   1547. 
 
 1   Edward  VI,  cap,   1. 
 
 1547.  In   November,    1547,   Convocation   had   agreed  upon  communion 
 
 under  both  kinds ;  the  statute  which  followed  made  this  act  of 
 Convocation  the  law  of  the  land.  It  was  supplemented  by  a  pro- 
 clamation issued  on  the  27th  of  the  following  December,  dealing  with 
 the  question  of  the  Presence  in  the  Eucharist. 
 
 [Transcr.  Statutes  of  the  Realm,  iv.  2.] 
 
 The  king         The  king's  most  excellent  majesty,  minding  the  governance 
 
 desires        ^^^  Order  of  his  most  loving;  subjects  to  be  in  most  perfect 
 
 unity  m  re-  o         j 
 
 ligion  and    unity  and  concord  in  all  things,  and  in  especial  m  the  true 
 
 obedience    f  j^j-^     j^^  religion   of   God,   and  wishing  the  same  to  be 
 to  God  and  ^        .  '  ^  ,  .     ,  .   , 
 
 himself,       brought  to  pass  with  all  clemency  and  mercy  on  his  high- 
 
 obtained      ness's  part  towards  them,  as  his  most  princely  serenity  and 
 
 more  by  ^ 
 
 clemency    majesty   has   already  declared    by  evident   proofs,   to   the 
 
 than  force,  intent  that  his  most  loving  subjects,  provoked  by  clemency 
 
 and  goodness  of  their  prince  and  king,  shall  study,  rather 
 
 for  love  than  for  fear,  to  do  their  duties,  first  to  Almighty 
 
 God,  and  then  to  his  highness  and  the   commonwealth, 
 
 Yet,  in  a     nourishing    concord    and    love    amongst   themselves;    yet 
 
 multitude,   considers  and  perceives  that  in  a  multitude  all  be  not  on 
 
 all  cannot      ,  ,  -,     ,       1  ,1  r    1     •      1      • 
 
 be  kept  that  sort,  that  reason  and  the  knowledge  of  their  duties  can 
 from  move  them  from  offence,  but  many  which  had  need  have 
 
 o  if e  nee 
 
 but  by  fear,  some  bridle  of  fear,  and  that  the  same  be  men  most  conten- 
 By  their  tious  and  arrogant  for  the  most  part,  or  else  most  blind  and 
 means,        iprnoiant :  by  the  means  of  which  sort  of  men,  many  things 
 
 mischief 
 
 arises,  well  and  godly  instituted,  and  to  the  edification  of  many,  be 
 perverted  and  abused,  and  turned  to  their  own  and  others' 
 great  loss  and  hindrance,  and  sometime  to  extreme  destruc- 
 
Lxvii]      HISTORY  OF  THE  ENGLISH  CHURCH  323 
 
 tion,  the  which  does  appear  in   nothing  more  or  sooner      1547. 
 than   in  matters   of  religion,   and  in   the    great   and   high  especially 
 mysteries  thereof,  as  in  the  most  comfortable  Sacrament  of  a^^^th?"" 
 the  body  and  blood  of  our  Saviour  Jesus  Christ,  commonly  Sacrament 
 called  the  Sacrament  of  the  altar,  and,   in  Scripture,  the  aitar.^ 
 supper  and  table  of  the  Lord,  the  communion  and  partaking 
 of  the  body  and  blood  of  Christ. 
 
 Which  Sacrament  was  instituted  of  no  less  author  than  of  The  insti- 
 our  Saviour,  both  God  and  man,  when,  at  His  last  supper,  ^fJJ°"  ° 
 amongst  His  Apostles,  He  did  take  the  bread  into  His  holy  Sacrament, 
 hands,  and  did  say :  '  Take  you  and  eat,  this  is  My  body  which 
 is  given  and  broken  for  you.'    And  taking  up  the  chalice  or 
 cup,  did  give  thanks,  and  say:  'This  is  My  blood  of  the  New 
 Testament,  which  is  shed  for  you,  and  for  many,  for  the 
 remission  of  sins/  that  whensoever  we  should  do  the  same, 
 we  should  do  it  in  the  remembrance  of  Him,  and  to  declare 
 and  set  forth   His  death  and  most  glorious  passion,  until 
 His  coming.     Of  the  which  bread  whosoever  eateth,  or  of 
 the  which  cup  whosoever  drinketh,  unworthily,  eateth  and 
 drinketh  condemnation  and  judgment  to  himself,  making  no 
 difference   of   the   Lord's   body ;    the  institution   of  which 
 Sacrament  being  ordained  by  Christ,  as  is  beforesaid,  and 
 the  said  words  spoken  of  it  here  before  rehearsed,  being  of 
 eternal,  infallible,  and  undoubted  truth. 
 
 Yet  the    said    Sacrament  (all  this   notwithstanding)  has  Reviled  by 
 been  of  late  marvellously  abused  by  such  manner  of  men  pg^-go^ng 
 before  rehearsed,  who  of  wickedness,  or  else  of  ignorance  ^j^^  causes 
 and  want  of  learning,  for  certain  abuses  heretofore  committed  of  the 
 of  some,  in  misusing  thereof,  having  condemned  in  their  ^^^^^ 
 hearts  and  speech  the  whole  thing,  and  contemptuously  Blessed 
 depraved,   despised,   or   reviled  the   same  most  holy  and 
 blessed  Sacrament,  and   not  only  disputed  and  reasoned 
 unreverently  and  ungodly  of  that  most  high  mystery,  but 
 also,  in  their  sermons,  preachings,  readings,  lectures,  commu- 
 nications, arguments,  talks,  rhymes,  songs,  plays,  or  jests, 
 
 Y  2 
 
 Sacra- 
 ment. 
 
324  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxvii 
 
 1547,      name   or   call    it    by   such    vile   and    unseemly   words,   as 
 Christian  ears  do  abhor  to  hear  rehearsed. 
 Penalty  For  reformation  whereof,   be  it  enacted   by  the  king's 
 
 revilhi^^  highness,  with  the  assent  of  the  Lords  spiritual  and  temporal, 
 and  of  the  Commons,  in  this  present  Parliament  assembled, 
 and  by  the  authority  of  the  same,  that  whatsoever  person  or 
 persons,  from  and  after  the  first  day  of  May  next  coming, 
 shall  deprave,  despise,  or  contemn  the  said  most  blessed 
 Sacrament,  in  contempt  thereof,  by  any  contemptuous  words, 
 or  by  any  words  of  depraving,  despising,  or  reviling,  or 
 what  person  or  persons  shall  advisedly,  in  any  other  wise, 
 contemn,  despise,  or  revile  the  said  most  blessed  Sacrament, 
 contrary  to  the  effects  and  declaration  abovesaid ;  that  then 
 he  or  they  shall  suffer  imprisonment  of  his  or  their  bodies, 
 and  make  fine  and  ransom  at  the  king's  will  and  pleasure. 
 Inquiry  to  And  for  full  and  effectual  execution  of  the  premises  before 
 be  made  devised,  ordained,  and  enacted  by  this  Act,  be  it  furthermore 
 revilers.  enacted  by  the  authority  of  this  present  Parliament,  that  im- 
 mediately after  the  first  day  of  May  next  coming,  the  justices 
 of  peace,  or  three  of  them  at  the  least,  whereof  one  of  them  to 
 be  of  the  quorum^  in  every  shire  of  this  realm,  and  Wales,  and 
 all  other  places  within  the  king's  dominions  shall  have  full 
 power  and  authority  by  virtue  of  this  Act,  as  well  to  take 
 information  and  accusation  by  the  oaths  and  depositions  of 
 two  able,  honest,  and  lawful  persons,  at  the  least,  and  after 
 such  accusation  or  information  so  had,  to  inquire  by  the 
 oaths  of  twelve  men,  in  every  of  their  four  quarter  sessions 
 yearly  to  be  holden,  of  all  and  singular  such  accusations  or 
 informations  to  be  had  or  made  of  any  of  the  offences 
 abovesaid,  to  be  committed  or  done  after  the  said  first  day 
 of  May,  within  the  limits  of  their  commission ;  and  that 
 upon  every  such  accusation  anS  information,  the  offender 
 and  offenders  shall  be  inquired  of,  and  indicted  before  the 
 said  justices  of  peace,  or  three  of  them  at  the  least,  as  is 
 aforesaid,  of  the  said  contempts  and  offences,  by  the  verdict 
 
Lxvii]      HISTORY  OF  THE  ENGLISH  CHURCH  325 
 
 of  twelve  honest  and  indifferent  men,  if  the  matter  of  the      1547. 
 said  accusation  and  information  shall  seem  to  the  said  jury 
 good  and  true. 
 
 And  it  is  also  further  enacted  by  the  authority  aforesaid,  Accusers, 
 that  the  said  justices  of  peace,  or  three  of  them  at  the  least,  ^^.^ther 
 as  is  aforesaid,  before  whom  any  such  presentment,  informa-  to'bT^^^^' 
 tion,  and  accusation  shall  be  made  or  taken  as  is  aforesaid,  ^°^"^  ^° 
 shall  examine  the  accusers,  what  other  witnesses  were  by  the  "triaUf 
 and  present  at  the  time  of  doing  and  committing  of  the  ^^^^^^^'s- 
 offence,  whereof  the  information,  accusation,  and  present- 
 ment shall  be  made,  and  how  many  others  than  the  accusers 
 have  knowledge  thereof,   and  shall  have  full    power   and 
 authority  by  their  discretions  to  bind,  by  recognizance  to  be 
 taken  before  them,  as  well  the  said  accusers,  as  all  such 
 other  persons  whom  the  said  accusers  shall  declare  to  have 
 knowledge  of  the  offences  by  them  presented  and  informed, 
 every  of  them  in  five  pounds  to  the  king,  to  appear  before 
 the  said  justices  of  peace,   before  whom  the  offender  or 
 offenders  shall  be  tried,  at  the  day  of  the  trial  and  deliver- 
 ance of  such  offenders. 
 
 And  it  is  further  enacted  by  the  authority  aforesaid,  that  What 
 
 the  said  justices  of  peace,  or  three  of  them  at  the  least,  as  is  P^n^K^ 
 I.J,.  '  shall  be 
 
 abovesaid,  by  virtue  of  this  Act,  shall  have  full  power  and  awarded 
 
 authority  to  make  process  against  every  person  and  persons  ^l^sons 
 so  indicted,  by  two  capias  and  an  exigent,  and  by  capias  indicted. 
 ut/agatum,  as  well  within  the  limits  of  their  commission,  as 
 into  all  other  shires  and  places  of  this  realm,  Wales  and 
 other  the  king's  dominions,  as  well  within  hberties  as  with- 
 out, and  the  same  process  to  be  good  and  effectual  in  the 
 law  to  all  intents,  constructions,  and  purposes,  and  upon  Justices  of 
 the  appearance  of  any  of  the  offenders,  shall  have  full  power  Jet^err^ne 
 and  authority  by  virtue  of  this  Act,  and  the  commission  of  offences, 
 peace,  to  determine  the  contempts  and  offences  aforesaid 
 according  to  the  laws  of  this  realm  and  the  effects  of  this 
 Act :  and  that  the  said  justices  of  peace,  or  three  of  them 
 
326  DOCUMENTS  ILLUSTRATIVE  OF  THE      [lxvii 
 
 1547.      at   the   least,   as  is  abovesaid,   shall  have  full  power  and 
 Bailment     authority  to   let  any  such  person  or  persons,  so  indicted, 
 
 of  persons  -^  ■       ^■  •  u    m    r 
 
 indicted,      upon   sufficient   sureties,   by  their   discretions,   to    bail  for 
 
 their  appearance  to  be  tried,  according  to  the  tenor,  form, 
 
 and  effect  of  this  Act. 
 
 The  bishop      Provided  always,  and  be  it  enacted,  that  the  said  justices 
 
 ^l^*^^^         of  peace,  or  three  of  them  at  the  least,  at  their  quarter 
 
 diocese 
 
 where  the  scssions,  where  any  offender  or  offenders  shall  be  or  stand 
 offence  is    indicted  of  any  of  the  contempts  or  offences  abovesaid,  shall 
 
 committed,  .        ,       ,  .  i       i  •  i 
 
 or  his  direct  and  award  one  writ,  in  the  kings  name,  to  the  bishop 
 
 deputy,       qI"  ^.j^g  diocese  where  the  said  offence  or  offences  be  supposed 
 present  at  to  be  committed  or  done,  willing  and  requiring  the  said 
 the  trial,      bishop  to  be  in  his  own  person,  or  by  his  chancellor,  or 
 other  his  sufficient  deputy  learned,  at  the  quarter  sessions  in 
 the  said  county  to  be  holden,  when  and  where  the  said 
 offender  shall  be  arraigned  and  tried,  appointing  to  them  in 
 the  said  writ  the  day  and  place  of  the  said  arraignment ; 
 Form  of      which   writ  shall  be  of  this  form  :    '  I^ex  d^c.  Episcopo  L. 
 requirino-    salutem.     PrcBcipimus   tibi  quod  tu,   Cancellarius  iuus,  vel 
 such  ap-      alius  deputatus  tuus  sufficienter  e?'uditus,  sitts  cuin  justiciariis 
 pearance.    ^^^f^i^  ad  pace??i  in  comitatu  nostro  B.  conservaiidam  assig- 
 natis  apud  D.  tali  die,  ad  sessionem  nostrajtt,  ad  tunc  et  ibide?n 
 tenendum  ad  dajidum  consilium  et  advisamentum  eisdem  justi- 
 ciariis  nostris  ad  pacem,   super  arrana?ne7ifu7n  et  delibera- 
 tionem  offendentium  contra  for  mam  Statuti  concernentis  sacro- 
 sanctum  sacramentuni  altaris^ 
 No  indict-       Provided  always,  and  be  it  enacted  by  the  authority  afore- 
 "^^d*^  ^ft*^^  ^^^^'  ^^^^  "^  person  or  persons  shall  be  indicted  of  any  of 
 three  the  contempts  or  offences  abovesaid,  but  only  of  such  con- 
 
 !?^°"^j^,      tempts  or  offences  as  shall  be  done  or  perpetrated  within 
 of  offence,  three  months  next  after  the  said  offence  or  offences  so  com- 
 mitted or  done. 
 Persons  And  be  it  further  enacted  by  the  authority  aforesaid,  that 
 
 ma^^cltl      ""^  ^  trials,  for  any  such  offenders,  before  the  said  justices, 
 witnesses   as  is  aforesaid,  the  person  or  persons  being  complained  on 
 
otherwise 
 requires. 
 
 Lxvii]      HISTORY  OF  THE  ENGLISH  CHURCH  327 
 
 and  arraigned,  shall  be  admitted  to  purge  or  try  his  or  their      1547. 
 innocency,  by  as  many  or  more  witnesses  in  number,  and  of  °'^  *heir 
 as  good  honesty  and  credence,  as  the  witnesses  be  which 
 deposed  against  him  or  them  or  any  of  them. 
 
 And  forasmuch  as  it  is  more  agreeable,  both  to  the  first  insti-  The 
 tution  of  the  said  Sacrament  of  the  most  precious  body  and  J^^^^^°    ^ 
 
 ^  -'  bacrament 
 
 blood  of  our  Saviour  Jesus  Christ,  and  also  more  conform-  to  be  ad- 
 able  to  the  common  use  and  practice  both  of  the  Apostles  and  y"i">^t^^^<^ 
 of  the  primitive  Church,  by  the  space  of  500  years  and  more  kinds, 
 after  Christ's  ascension,  that  the  said  blessed  Sacrament  should  ^^Y^^*^ 
 
 '  where 
 
 be  ministered  to  all  Christian  people  under  both  the  kinds  necessity 
 
 of  bread  and  wine,  than  under  the  form  of  bread  only,  andi 
 
 also  it  is  more  agreeable  to  the  first  institution  of  Christ, 
 
 and  to  the  usage  of  the  Apostles  and  the  primitive  Church, 
 
 that  the  people  being  present  should  receive  the  same  with 
 
 the  priest,   than   that  the  priest   should  receive  it  alone ; 
 
 therefore  be  it  enacted  by  our  said  sovereign  lord  the  king, 
 
 with  the  consent  of  the  Lords  spiritual  and  temporal,  and  the 
 
 Commons,  in  this  present  Parliament  assembled,  and  by  the 
 
 authority  of  the  same,  that  the  said  most  blessed  Sacrament 
 
 be  hereafter  commonly  delivered  and  ministered  unto  the 
 
 people  within   the   Church   of  England  and   Ireland,  and 
 
 other  the  king's  dominions,  under  both  the  kinds,  that  is  to 
 
 say,  of  bread  and  wine,  except  necessity  otherwise  require : 
 
 And  also  that  the  priest  which  shall  minister  the  same.  The  priest 
 
 shall,  at  the  least  one  day  before,  exhort  all  persons  which  \?  ^^  ^°7 
 '  y  '  r  the  people 
 
 shall  be  present  likewise  to  resort  and  prepare  themselves  to  receive 
 to  receive  the  same.  prepared. 
 
 And  when  the  day  prefixed  comes,  after  a  godly  exhorta-  The  Sacra- 
 tion  by  the  minister  made  (wherein  shall  be  further  expressed  ^g^^ied^to  ^ 
 the  benefit  and  comfort  promised  to  them  which  worthily  no  person 
 receive  the  said  holy  Sacrament,  and  [the]  danger  and  indig-  ^g^f^^jf 
 nation  of  God  threatened  to  them  which  shall  presume  to  and 
 receive  the  same  unworthily,  to  the  end  that  every  man  may    "^   X 
 try  and  examine  his  own  conscience  before  he  shall  receive 
 
328  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxvii 
 
 1547.  the  same),  the  said  minister  shall  not,  without  lawful  cause, 
 deny  the  same  to  any  person  that  will  devoutly  and  humbly 
 The  usage  desire  it;  any  law,  statute,  ordinance,  or  custom  contrary 
 Churches  thereunto  in  any  wise  notwithstanding;  not  condemning 
 not  con-  hereby  the  usage  of  any  Church  out  of  the  king's  majesty's 
 ^""^"^^-      dominions. 
 
 LXVIII. 
 
 ACT  DISSOLVING  THE  CHANTRIES,  a.d.  1547. 
 1   Edward  VI,  cap.   14. 
 
 1547.  Legislation  with  regard  to  chantries  began  in  the  year  1545  ;  the 
 
 war  with  France  caUing  for  monetary  supplies,  an  Act  (37  Hen.  VIII, 
 cap.  4)  was  passed  reciting  that  the  possessions  of  chantries  were 
 generally  misapplied,  and  vesting  them  in  the  king  for  the  term  of  his 
 life.  Commissioners  were  appointed  to  inquire  into  the  possessions 
 of  chantries,  but  it  seems  doubtful  if  any  were  actually  suppressed 
 till  1547,  when  the  following  Act  was  passed,  the  previous  Act  having 
 expired. 
 
 [Transcr.  Statutes  of  the  Realm,  iv.  24.] 
 
 Chantries,       The  king's  most  loving  subjects,  the  Lords  spiritual  and 
 
 &c.,  tend    temporal,  and  the  Commons,   in  this  present  Parliament 
 to  super-  r         '  -  .  .  , 
 
 stition.        assembled,  considering  that  a  great  part  of  superstition  and 
 
 errors    in    Christian    religion    has    been    brought    into  the 
 
 minds  and  estimations  of  men,  by  reason  of  the  ignorance 
 
 of  their  very  true  and  perfect  salvation  through  the  death  of 
 
 Jesus  Christ,  and  by  devising  and  phantasing  vain  opinions 
 
 of  purgatory  and  masses  satisfactory,  to  be  done  for  them 
 
 which  be  departed,  the  which  doctrine  and  vain  opinion 
 
 by  nothing  more  is  maintained  and  upholden,  than  by  the 
 
 abuse  of  trentals,  chantries,  and  other  provisions  made  for 
 
 the  continuance  of  the  said  blindness  and  ignorance ;  and 
 
 further  considering  and  understanding,  that  the  alteration, 
 
Lxviii]      HISTORY  OF  THE   ENGLISH   CHURCH  329 
 
 change,  and  amendment  of  the  same,  and  converting  to  1547. 
 good  and  godly  uses,  as  in  erecting  of  grammar  schools 
 to  the  education  of  youth  in  virtue  and  godliness,  the 
 further  augmenting  of  the  Universities,  and  better  provision 
 for  the  poor  and  needy,  cannot,  in  this  present  Parliament, 
 be  provided  and  conveniently  done,  nor  cannot  nor  ought 
 to  have  any  other  manner  person  to  be  committed,  than  to 
 the  king's  highness,  whose  majesty,  with  and  by  the  advice 
 of  his  highness's  most  prudent  council,  can  and  will  most 
 wisely  and  beneficially,  both  for  the  honour  of  God  and 
 the  weal  of  this  his  majesty's  realm,  order,  alter,  convert, 
 and  dispose  the  same. 
 
 And  calling  further  to  their  remembrance,  that  in  the  Their  pos- 
 Parliament  holden  at  Westminster  the  seven-and-thirtieth  g^^^^J^^e 
 year  of  the  reign  of  our  late  sovereign  lord  King  Henry  VIII,  given  to 
 father  to  our  most  dread  and  natural  sovereign  lord  the  be^de^v(fted 
 king  that  now  is,  it  was  ordained,  enacted,  and  established  to  certain 
 amongst  other  things,  that  all  and  singular  colleges,  free  P"^P°^^^' 
 chapels,    chantries,    hospitals,    fraternities,     brotherhoods, 
 guilds^  and  other  promotions  mentioned  in  the  said  former 
 Act,   had  or  made  to  have  continuance  in  perpetuity  for 
 ever,  and  then  being,  or  that  had  or  ought  to  be  contributory 
 or  chargeable  to  the  payment  of  the  first-fruits  and  tenths, 
 according  to  the  laws  and  statutes  in  that  behalf  had  and 
 made,  by  what  name,  surname,  degree,  or  corporation  they 
 or  any  of  them  were  founded,  ordained,  established,  erected, 
 named,  called,  or  known,  and  all  and  singular  the  mansion  Recital  of 
 houses,    manors,    orchards,     gardens,     lands,     tenements,  ^^u  T4 
 pastures,    woods,   waters,    rents,   reversions,   services,  com-  dissolving 
 mons,  tithes,  pensions,  portions,  churches,  chapels,  advow- 
 sons,  nominations,  patronages,  annuities,  rights,  interests, 
 entries,  conditions,  leets,   courts,   liberties,  privileges,  fran- 
 chises,  and  other   hereditaments  whatsoever,   then   apper- 
 taining or  belonging,  or  that  did  appertain  or  belong,  or 
 were  assigned  or  appointed  to  any  such  college,  free  chapel, 
 
330  DOCUMENTS  ILLUSTRATIVE  OE  THE     [lxviii 
 
 1547.  chantry,  hospital,  fraternity,  brotherhood,  guild,  stipendiary 
 priest,  or  other  the  said  promotions,  or  to  any  of  them,  or 
 accepted,  known,  or  taken  as  part,  parcel,  or  member  of 
 them  or  of  any  of  them,  and  to  the  said  colleges,  chantries, 
 free  chapels,  hospitals,  fraternities,  brotherhoods,  guilds, 
 stipendiary  priests,  or  other  promotions,  or  to  any  of  them 
 united  or  annexed,  which  between  the  fourth  day  of  February 
 in  the  seven-and-twentieth  year  of  the  said  late  king's  reign, 
 and  the  five-and-twentieth  day  of  December  in  the  thirty- 
 seventh  of  his  grace's  reign,  by  reason  of  any  entry, 
 expulsion,  bargain,  sale,  feoffment,  fine,  recovery,  lease,  or 
 other  conveyance  thereof  made,  were  dissolved,  determined, 
 or  relinquished  by  any  of  the  ways,  means,  or  conveyances 
 mentioned  in  the  said  Act,  or  otherwise,  other  than  such 
 of  them  as  then  were  in  the  possession  of  the  said  late  king, 
 or  that  were  granted  or  assured  by  his  licence,  agreement, 
 consent,  or  letters  patent  to  any  person  or  persons,  or  then 
 had  been  lawfully  obtained  or  recovered  by  any  person  by 
 any  former  right  or  title,  without  fraud  or  covin,  or  by  the 
 king's  licence,  should  from  thenceforth,  by  authority  of 
 the  same  former  Act,  be  adjudged  and  deemed,  and  also 
 be  in  the  very  actual  and  real  possession  and  seisin  of  the 
 said  late  king,  and  of  his  heirs  and  successors  for  ever,  in 
 as  large  and  ample  manner  as  the  said  priests,  wardens, 
 masters,  ministers,  governors,  rulers,  or  other  incumbents, 
 or  any  of  them,  or  the  patrons,  donors,  or  founders  of  any 
 of  them,  at  any  time  since  the  said  fourth  day  of  February  in 
 the  twenty-seventh  year  aforesaid,  had  occupied  or  enjoyed, 
 or  then  had  occupied  or  enjoyed  the  same,  and  as  though 
 all  and  singular  the  said  colleges,  chantries,  hospitals,  free 
 chapels,  fraternities,  brotherhoods,  guilds,  and  other  the 
 said  promotions,  and  the  said  manors,  lands,  tenements, 
 hereditaments,  and  other  the  premises  whatsoever  they  be, 
 and  every  of  them,  had  been  in  the  said  former  Act 
 specially,  particularly,  and  certainly  rehearsed,  named,  and 
 
Lxviii]      HISTORY  OF  THE  ENGLISH  CHURCH  331 
 
 expressed  by  express  words,  names,  surnames,  corporations,  1547. 
 titles,  and  faculties,  and  in  their  natural  kinds  and  qualities ; 
 the  said  entries,  expulsions,  bargains,  sales,  fines,  feoffments, 
 recoveries,  or  other  assurance  and  conveyance  whatsoever 
 they  were,  had  or  made  (except  before,  in  the  former  Act, 
 excepted)  to  the  contrary  notwithstanding. 
 
 And  where  also  it  was  enacted  and  granted  to  the  said  Power 
 late  kinej,  by  the  said  former  Act,  that  the  same  late  king,  fi^^^  *,^.„ 
 
 .  °    HenryVIII 
 
 during   his  natural  life,  might  make  and  direct  his   com-  thereby  to 
 mission  and  commissions  under  his  great  seal,  to  enter  into  f"^^^  "P°^ 
 
 °  lands  of 
 
 all  and  singular  such  and  as  many  chantries,  free  chapels,  such 
 hospitals,  colleges,  and  other  the  promotions  mentioned  in  chantries, 
 the  said  former  Act,  and  into  all  and  singular  such  manors, 
 mansions,  houses,  meases,  lands,  tenements,  pastures,  woods, 
 waters,  rents,  reversions,  services,  possessions,  and  other 
 hereditaments  whatsoever,  or  into  any  part  or  parcel  thereof, 
 in  the  name,  seisin,  and  possession  of  all  the  hereditaments 
 annexed,  united,  belonging,  or  appertaining  to  any  chantry, 
 hospital,  free  chapel,  college,  fraternity,  brotherhood,  guild, 
 or  other  the  said  promotions,  or  whereof  any  priests,  provosts, 
 governors,  rulers,  or  other  incumbents  of  them  or  of  any  of 
 them,  by  what  name,  surname,  degree,  title,  or  corporation 
 they  and  every  of  them  or  any  of  them  were  founded, 
 erected,  ordained,  established,  named,  called,  or  known, 
 then  had  or  enjoyed,  or  that  hereafter  should  have  or  enjoy, 
 to  the  said  chantries,  hospitals,  free  chapels,  colleges,  frater- 
 nities, brotherhoods,  guilds,  and  other  the  said  promotions 
 that  then  were  chargeable  to  the  payment  of  the  first-fruits 
 and  tenths,  and  all  colleges  that  were  chargeable  or  not 
 chargeable  to  the  said  payment  of  the  first-fruits  and  tenths 
 as  is  aforesaid,  or  to  any  of  them,  as  should  be  named, 
 expressed,  and  appointed  in  the  same  commission  or 
 commissions,  and  to  seize  and  take  the  same  chantries, 
 hospitals,  colleges,  free  chapels,  fraternities,  brotherhoods, 
 guilds,  and  other  the  said  promotions,  manors,  lands,  tene- 
 
332  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxviii 
 
 1547.  ments,  and  other  the  premises  mentioned  in  the  said  com- 
 mission or  commissions  and  in  every  of  them,  and  every 
 part,  parcel,  and  member  of  the  same,  into  the  king's  posses- 
 sion and  hands,  to  have  and  to  hold  the  same  to  the  said 
 late  king  and  to  his  heirs  and  successors  for  ever ;  as  by 
 the  said  former  Act,  amongst  other  things,  more  at  large 
 appears  : 
 All  chan-  It  is  now  ordained  and  enacted  by  the  king  our  sovereign 
 and^their'  ^^^^'  ^^^^  ^^^  assent  of  the  Lords  and  Commons  in  this 
 posses-  present  Parliament  assembled,  and  by  the  authority  of  the 
 firmed^to"  ^^^^^^j  ^^^^  ^^^  manner  of  colleges,  free  chapels,  and  chan- 
 EdwardVI,  tries,  having  been  or  in  esse  within  five  years  next  before 
 the  first  day  of  this  present  Parliament  (which  were  not  in 
 actual  and  real  possession  of  the  said  late  king,  nor  in  the 
 actual  and  real  possession  of  the  king  our  sovereign  lord 
 that  now  is,  nor  excepted  in  the  said  former  Act  in  form 
 abovesaid,  other  than  such  as  by  the  king's  commissions  in 
 form  hereafter  mentioned  shall  be  altered,  transposed,  or 
 changed),  and  all  manors,  lands,  tenements,  rents,  tithes, 
 pensions,  portions,  and  other  hereditaments  and  things 
 above  mentioned,  belonging  to  them  or  any  of  them,  and 
 also  all  manors,  lands,  tenements,  rents,  and  other  heredita- 
 ments and  things  above  mentioned,  by  any  manner  of 
 assurance,  conveyance,  will,  devise,  or  otherwise  had,  made, 
 suffered,  knowledged  or  declared,  given,  assigned,  limited 
 or  appointed,  to  the  finding  of  any  priest,  to  have  con- 
 tinuance for  ever,  and  wherewith  or  whereby  any  priest  was 
 sustained,  maintained,  or  found  within  five  years  next  before 
 the  first  day  of  this  present  Parliament  (which  were  not  in 
 the  actual  and  real  possession  of  the  said  late  king,  nor 
 in  the  actual  and  real  possession  of  our  sovereign  lord  the 
 king  that  now  is),  and  also  all  annual  rents,  profits,  and 
 emoluments,  at  any  time  within  five  years  next  before  the 
 beginning  of  this  present  Parliament,  employed,  paid,  or 
 bestowed  toward  or  for  the  maintenance,  supportation,  or 
 
Lxviii]      HISTORY  OF  THE  ENGLISH   CHURCH  333 
 
 finding  of  any  stipendiary  priest,  intended  by  any  Act  1547. 
 or  writing  to  have  continuance  for  ever,  shall,  by  the 
 authority  of  this  present  Parliament,  immediately  after  the 
 feast  of  Easter  next  coming,  be  adjudged  and  deemed,  and 
 also  be,  in  the  very  actual  and  real  possession  and  seisin  of 
 the  king  our  sovereign  lord,  and  his  heirs  and  successors  for 
 ever,  without  any  office  or  other  inquisition  thereof  to  be 
 had  or  found,  and  in  as  large  and  ample  manner  and  form 
 as  the  priests,  wardens,  masters,  ministers,  governors,  rulers, 
 or  other  incumbents  of  them  or  any  of  them,  at  any  time 
 within  five  years  next  before  the  beginning  of  this  present 
 Parliament,  had,  occupied,  or  enjoyed,  or  now  has,  occu- 
 pies, or  enjoys  the  same,  and  as  though  all  and  singular 
 the  said  colleges,  free  chapels,  chantries,  stipends,  salaries  of 
 priests,  and  the  said  manors,  lands,  tenements,  heredita- 
 ments, and  other  the  premises,  whatsoever  they  be,  and 
 every  of  them,  were  in  this  present  Act  specially,  particularly, 
 and  certainly  rehearsed,  named,  and  expressed  by  express 
 words,  names,  surnames,  corporations,  titles,  and  faculties, 
 and  in  their  natures,  kinds,  and  qualities. 
 
 And  over  that,  be  it  ordained  and  enacted  by  the  authority  So  with 
 of  this  present  Parliament,  that  where  any  manors,  lands,  \^^^  1° 
 tenements,  tithes,  pensions,  portions,  rents,  profits,  or  other  for  the 
 hereditaments,  by  any  manner  of  assurance,  conveyance,  "^^^"*^^' 
 will,  devise,  or  otherwise,  at  any  time  heretofore  had,  made,  priests  for 
 suffered,  knowledged,  or  declared,  were  given,  assigned,  or  f:  ^^^}^ 
 appointed,  to  or  for  the  maintenance,  sustentation,  or  finding 
 of  one  priest,  or  divers  priests,  for  term  of  certain  years  yet 
 continuing,    and    that    any    priest    has    been    maintained, 
 sustained,  or  found  with  the  same,  or  with  the  revenues  or 
 profits  thereof,  within  five  years  last  past,  that  the  king,  from 
 the  said  feast  of  Easter  next  coming,  shall  have  and  enjoy, 
 in  every  behalf,  for  and  during  all  such  time  to  come,  every 
 such  and  like  things,  tenements,  hereditaments,  profits,  and 
 emoluments,  as  the  priest  or  priests  ought  or  should  have 
 
334  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxviii 
 
 1547.      had  for  or  toward  his  or  their  maintenance,  sustenance,  or 
 finding,  and  for  no  longer  or  further  time,  nor  for  any  other 
 profit,  advantage,  or  commodity  thereof  to  be  taken, 
 but  rever-        Provided  always,  and  it  is  ordained  and  enacted  by  the 
 to°have        authority    of  this   present   Parliament,   that  when    and  as 
 possession  soon  as  the  time  assigned  for  the  maintenance,  sustentation, 
 after  the      ^^  finding  of  the  priest  or  priests  shall  be  expired  and  run, 
 the  term,    that  then  it  shall  be  lawful  to  every  person  and  persons, 
 to  whom  any  manors,  lands,   tenements,  tithes,  portions, 
 pensions,  rents,  and  other  hereditaments,  or  any  of  them, 
 should  have  belonged   or  appertained  if  the  said  former 
 Act  and  this  Act  had  never  been  had  or  made,  to  enter 
 into,  take,  perceive,  have,  and  enjoy  the  same,  without  any 
 manner  of  livery.   Ouster  le  mat?t,  petition,  or  other  suit 
 to  be  made  to  the  king,  in  like  manner,  form,  and  condition, 
 to  all  intents,  constructions,  and  purposes,  as  though  the 
 said  former  Act  and  this  Act  had  never  been  had  or  made, 
 and  as  though  the  king  had  never  had  any  seisin  or  posses- 
 sion thereof;    anything  in  the  said  former  Act,  or  in  this 
 Act,  to  the  contrary  in  any  wise  notwithstanding. 
 Lands,  the       And  be  it  ordained  and  enacted  by  the  authority  of  this 
 issues  of     pj-esent  Parliament,  that  the  king  our  sovereign  lord,  his 
 were  given  heirs  and  successors,  from  the  said  feast  of  Easter  next 
 mainten°^  coming,  shall  have,  hold,  perceive,  and  enjoy,  for  ever,  all 
 anceofan  lands,  tenements,  rents,  and  other  hereditaments,  which  by 
 ^^kl^^^^^*^  any  manner  of  assurance,  conveyance,  will,  wills,  devise  or 
 otherwise,    at    any   time   heretofore   had,    made,    suffered, 
 knowledged  or  declared,  were  given,  assigned,  or  appointed 
 to  go  or  to  be  employed  wholly  to  the  finding  or  main- 
 tenance of  any  anniversary  or  obit,   or  other  like   thing, 
 intent,  or  purpose,  or  of  any  light  or  lamp  in  any  church 
 or  chapel,  to  have  continuance  for  ever,  which  has  been 
 kept  or  maintained  within  five  years  next  before  the  said 
 first  day  of  this  present  Parliament. 
 
 And  also  that  where  but  part  of  the  issues  or  revenues 
 
Lxviii]      HISTORY  OF  THE   ENGLISH   CHURCH  335 
 
 of  any  manors,  lands,  tenements,  rents,  or  other  heredita-      1547. 
 ments  has,  by  any  of  the  ways  or  means  abovesaid,  been  So  with 
 
 r-^i pro  ■pri     \c\ 
 
 given,  assigned,  or  appointed  to  be  bestowed  or  employed  i^^ds  the 
 
 to  the  finding  or  maintenance  of  any  anniversary  or  obit,  part-issues 
 
 or  other  like  thing,  intent,  or  purpose,  or  of  any  light  or  ^^^  g^ 
 
 lamp  in  any  church  or  chapel,  and  to  have  continuance  for  devoted. 
 
 ever,  that  then  our  said  sovereign  lord  the  king  shall,  from 
 
 the  said  feast  of  Easter  next  coming,  for  ever,  have,  perceive, 
 
 and  enjoy  every  such  sums  of  money,  that,  in  any  one  year 
 
 within  five  years  next  before  the  first  day  of  this  present 
 
 Parliament,  has  been  expended  and  bestowed  about  the 
 
 finding  or  maintenance  of  any  such  anniversary  or  obit,  or 
 
 other  like  thing,  intent,  or  purpose,  or  of  any  light  or  lamp, 
 
 to  him,  his  heirs  and  successors  for  ever,  as  a  rent-charge  to 
 
 be  paid  yearly  at  the  feasts  of  St.  Michael  the  Archangel 
 
 and  the  Annunciation  of  Our  Lady  St.  Mary  the  Virgin,  by 
 
 even  portions,  in  the  king's  court  of  the  augmentations  and 
 
 revenues  of  his  crown,  or  in  any  other  court  or  courts,  as 
 
 the  king  hereafter   shall   appoint.      And  that   it  shall  be  Power  of 
 
 lawful  to  our  said  sovereign  lord  the  king,  his  heirs  and  ^igfj-ain^for 
 
 successors,  for  non-payment  of  any  such  sum  or  sums  of  the  rent 
 
 money,  to  distrain  in  the  said  manors,  lands,  and  tenements,  ^"^  default 
 
 of  the  issues  and  revenues  whereof  the  said  anniversary  or  thereof. 
 
 obit,  or  other  like  thing,  or  any  such  light  or  lamp,  was 
 
 found,   sustained,   or   maintained.      And   that   for   lack   of 
 
 sufiicient  distress,  in  or  upon  any  of  the  premises  whereof 
 
 any  of  the  said  yearly  rents  or  sums  of  money  should  be 
 
 paid,   by   the  space   of  one  month  next  after  that  any  of 
 
 the  said  rents  should  be  paid,  and  be  not  paid  within  the 
 
 said  month  ;    that  then  it   shall  be  lawful  to  and  for  our 
 
 sovereign  lord  the  king,  his  heirs  and  successors,  by  virtue 
 
 of  this  present  Act,  to  enter  into,  and  to  have  and  possess 
 
 as  much  of  the  lands,  tenements,  and  hereditaments,  whereof 
 
 the  said  rent  or  rents  should  be  levied  or  paid,  as  the  rent 
 
 or  rents  that  should  be  levied  or  paid  out  of  the  same  does 
 
336  DOCUMENTS  ILLUSTRATIVE   OF  THE      [lxviii 
 
 1547.  or  shall  amount  or  come  to  in  yearly  value,  and  the  same 
 lands,  tenements,  and  hereditaments  to  hold  and  keep,  and 
 to  have  to  our  said  sovereign  lord  the  king,  his  heirs  and 
 assigns  for  ever,  or  for  such  estate  as  our  sovereign  lord 
 the  king,  his  heirs  or  successors,  had,  or  ought  to  have  had, 
 of  or  in  the  said  rent  or  rents. 
 Money  And  it  is  also  ordained  and  enacted  by  the  authority  of 
 
 given  for     ^.j^-g  pj-ggent  Parliament,  that  our  sovereign  lord  the  king 
 
 finding  ^  _  ^     _  ° 
 
 priests,  shall,  from  the  said  feast  of  Easter  next  coming,  have,  per- 
 obits,  ceive,   and  enjoy  all  and  singular  such  sums  of  money, 
 
 lights,' by  profits,  commodities,  and  emoluments,  which,  by  virtue  of 
 a  corpora-  ^^^  manner  of  assurance,  conveyance,  composition,  will, 
 paid  to  the  devise,  or  otherwise,  heretofore  have  been  given,  assigned, 
 king.  limited,  or  appointed  to  have  continuance  for  ever,  which 
 
 in  any  one  year  within  five  years  next  before  the  beginning 
 of  this  present  Parliament,  have  been  paid,  bestowed,  or 
 employed  by  any  manner  of  corporations,  guilds,  frater- 
 nities, companies,  or  fellowships,  or  mysteries,  or  crafts,  or 
 any  of  them,  being  in  England,  Wales,  and  other  the  king's 
 dominions,  or  by  the  masters,  wardens,  governors,  or  other 
 officers  or  ministers,  or  by  the  master,  warden,  governor, 
 or  other  officer  or  minister  of  them,  or  any  of  them,  toward 
 or  about  the  finding,  maintenance,  or  sustentation  of  any 
 priest  or  priests,  of  any  anniversary  or  obit,  lamp,  light 
 or  lights,  or  other  like  thing  as  is  aforesaid,  to  our  said 
 sovereign  lord  the  king,  his  heirs  and  successors  for  ever, 
 to  be  paid  yearly  as  a  rent-charge  at  the  feasts  of  Saint 
 Michael  the  Archangel  and  the  Annunciation  of  Our  Lady, 
 by  even  portions,  in  the  king's  court  of  the  augmentations 
 and  revenues  of  his  crown,  or  in  any  other  court  or  courts, 
 as  the  king  hereafter  shall  appoint. 
 The  king  And  that  it  shall  be  lawful  to  our  said  sovereign  lord 
 may  dis-      ^.j^^  king,  his  heirs  and  successors,  for  non-payment  of  any 
 
 train  for  °'  t  r   j  j 
 
 the  money  such  sum  or  sums  of  money,  profit,  commodity  or  emolu- 
 or  profit.     ly^Q^i^  or  for  non-payment  of  any  of  them,  to  distrain  in 
 
Lxviii]      HISTORY  OF  THE  ENGLISH   CHURCH  337 
 
 all  the  manors,  lands,  and  tenements  of  every  such  crafts,  1547. 
 corporations,  guilds,  fraternities,  companies,  or  fellowships 
 of  mysteries  or  crafts,  or  any  of  them,  by  whom,  or  by 
 the  masters,  wardens,  governors,  or  other  officers  or  minis- 
 ters, or  master,  warden,  governor  or  minister,  of  the  which 
 any  such  sum  or  sums  of  money,  profit,  commodity,  or 
 emolument  have  or  has  been  paid,  bestowed,  or  employed; 
 and  that  all  and  every  of  the  said  sums  of  money,  profits, 
 commodities,  and  emoluments  shall  from  the  feast  of  Easter 
 next  coming,  without  any  manner  of  inquisition  or  office 
 to  be  had  or  found,  be  judged  and  deemed  to  be  in  the 
 actual  and  real  possession  of  our  said  sovereign  lord  the 
 king,  in  like  manner  and  form  to  all  intents,  constructions, 
 and  purposes,  as  if  the  same  had  been  particularly  and 
 specially  mentioned  in  this  present  Act. 
 
 And   furthermore   be   it  ordained  and  enacted  by  the  Frater- 
 
 authority  aforesaid,  that  the  king  our  sovereign  lord  shall   "^*^^,^' 
 
 °  °  '  brother- 
 
 from  the  said  feast  of  Easter  next  coming,  have  and  enjoy  hoods,  and 
 to  him,  his  heirs  and  successors  for  ever,  all  fraternities,  S!^'^^^ 
 
 given  to 
 
 brotherhoods,  and  guilds,  being  within  the  realm  of  England  the  king, 
 and  Wales,  and  other  the  king's  dominions ;  and  all  manors, 
 lands,  tenements,  and  other  hereditaments  belonging  to  them 
 or  any  of  them — other  than  such  corporations,  guilds,  fra- 
 ternities, companies,  and  fellowships  of  mysteries  or  crafts, 
 and  the  manors,  lands,  tenements,  and  other  hereditaments 
 pertaining  to  the  said  corporations,  guilds,  fraternities,  com- 
 panies, and  fellowships  of  mysteries  or  crafts  above  men- 
 tioned— and  shall  by  virtue  of  this  Act  be  judged  and 
 deemed  in  the  actual  and  real  possession  of  our  said  sove- 
 reign lord  the  king,  his  heirs  and  successors,  from  the  said 
 feast  of  Easter  next  coming,  for  ever,  without  any  inquisition 
 or  office  thereof  to  be  had  or  found. 
 
 And  also  be   it  ordained  and  enacted  by  the  authority  Power 
 
 aforesaid,  that  our  said  sovereign  lord  the  king,  his  heirs  and  ^'^^"  f° 
 
 "^  o'  commis- 
 
 successors,  at  his  and  their  will  and  pleasure,  may  direct  sioners  to 
 
 z 
 
338 
 
 DOCUMENTS  ILLUSTRATIVE   OF   THE     [lxviii 
 
 the  king 
 by  this 
 Act. 
 
 1547.  his  and  their  commission  and  commissions  under  the  great 
 survey  the  seal  of  England  to  such  persons  as  it  shall  please  him ; 
 vested  in  ^^^  that  the  same  commissioners,  or  two  of  them  at  the 
 least,  shall  have  full  power  and  authority  by  virtue  of  this 
 Act,  and  of  the  said  commission,  as  well  to  survey  all  and 
 singular  lay  corporations,  guilds,  fraternities,  companies,  and 
 fellowships  of  mysteries  or  crafts  incorporate,  and  every  of 
 them,  as  all  other  the  said  fraternities,  brotherhoods,  and 
 guilds  within  the  limits  of  their  commission  to  them  directed, 
 and  all  the  evidences,  compositions,  books  of  accounts,  and 
 other  writings  of  every  of  them,  to  the  intent  thereby  to 
 know  what  money  and  other  things  was  paid  or  bestowed 
 to  the  finding  or  maintenance  of  any  priest  or  priests,  anni- 
 versary or  obit,  or  other  like  thing,  light  or  lamp,  by  them 
 or  any  of  them ;  as  also  to  inquire,  search,  and  try  by  all 
 such  ways  and  means  as  to  them  shall  be  thought  meet 
 and  convenient,  what  manors,  lands,  tenements,  rents  and 
 other  hereditaments,  profits,  commodities,  emoluments,  and 
 other  things,  be  given,  limited,  or  appointed  to  our  said 
 sovereign  lord  the  king  by  this  Act,  within  the  limits  of 
 their  commission. 
 
 And  also  that  the  same  commissioners,  or  two  of  them 
 at  the  least,  by  virtue  of  this  Act  and  of  the  commission 
 to  them  directed,  shall  have  full  power  and  authority  to 
 P^^^J'^*^*^"' assign,  and  shall  appoint  (in  every  such  place  where  guild, 
 have  kept  fraternity,  [or]  the  priest  or  incumbent  of  any  chantry  in  esse, 
 a  grammar  ^j^^  ^^^^  ^^^  ^^  ^j_^-g  pj-ggent  Parliament,  by  the  foundation 
 part  of  ordinance  or  the  first  institution  thereof,  should  or  ought 
 property  of  ^Q  have  kept  a  sframmar  school  or  a  preacher,  and  so  has 
 
 that  guild  r  o  x 
 
 or  chantry  done  sincc  the  feast  of  St.  Michael  the  Archangel  last  past) 
 
 ^°,^*^j\      lands,  tenements,  and  other  hereditaments  of  every  such 
 solved  to  '  '  / 
 
 be  devoted  chantry,  guild,  and  fraternity  to  remain  and  contmue  m 
 
 to  keeping  succession  to  a  schoolmaster  or  preacher  for  ever,  for  and 
 
 such 
 
 school,        toward  the  keeping  of  a  grammar  school  or  preaching,  and 
 
 for  such  godly  intents  and  purposes,  and  in  such  manner 
 
 In  cases 
 where  a 
 guild, 
 chantry 
 
Lxviii]     HISTORY  OF   THE   ENGLISH  CHURCH  339 
 
 and  form,  as  the  same  commissioners,  or  two  of  them  at      1547. 
 the  least,  shall  assign  or  appoint. 
 
 And  also  to  make  and  ordain  a  vicar  to  have  perpetuity  and  for 
 for  ever  in  every  parish  church,  the  first  day  of  this  present  ^^^x.  of  T" 
 Parliament,  being  a  college,  free  chapel,  or  chantry,  or  ap-  vicar, 
 propriated,  annexed,  or  united  to  any  college,  free  chapel, 
 or  chantry,  that  shall  come  to  the  king's  hands  by  virtue 
 of  this  Act,   and  to  endow  every  such  vicar  sufficiently, 
 having  respect  to  his  cure  and  charge ;  the  same  endow- 
 ment to  be  to  every  such  vicar,  and  to  his  successors  for 
 ever,  without  any  other  licence  or  grant  of  the  king,  the 
 bishop,  or  other  officers  of  the  diocese. 
 
 And  also  the  said  commissioners,  or  two  of  them  at  the  In  popu- 
 least,  shall  have  authority  by  force  of  this  Act,  to  assign  '^"^ 
 
 ■'       ■'  '  o     places, 
 
 in  every  great  town  or  parish,  where  they  shall  think  neces-  lands  of 
 sary  to  have  more  priests  than  one,  for  the  ministering  of  chantries, 
 the  sacraments  within  the  same  town  or  parish,  lands  and  be  be- 
 tenements  belonging  to  any  chantry,  chapel,  or  stipendiary  stowed  in 
 priest,  being  within  the  same  town  or  parish  the  first  day  ance  of 
 of  this  present  Parliament,  to  be  to  such  person  and  persons  additional 
 as  the  said  commissioners,  or  two  of  them  at  the  least,  shall 
 assign  or  appoint  to  continue  in  succession  for  ever,  for  and 
 towards  the  sufficient  finding  and  maintenance  of  one  or 
 more  priests  within  the  same  town  or  parish,  as  by  the  said 
 commissioners,  or  two  of  them,  shall  be  thought  necessary 
 or  convenient ;  and  as  well  to  make  ordinances  and  rules 
 concerning  the  service,  user,  and  demeanour  of  every  such 
 priest  and  schoolmaster,  as  is  aforesaid,  to  be  appointed, 
 as  also  by  what  name  or  names  he  and  they  shall  from 
 henceforth  be  named  and  called. 
 
 And  also  that  the  said  commissioners,  or  two  of  them  Power  to 
 at  the  least,  shall  have  full  power  and  authority,  by  virtue  pen^onsto 
 of  this  Act  and  of  the  said  commission  to  them  directed,  chantry 
 to  assign  as  well  to  every  dean,  master,  warden,  provost,  ^"^     ' 
 and   other   incumbent   and    minister   of  any  of  the   said 
 
 z  2 
 
340  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxviii 
 
 1547.  colleges,  free  chapels,  or  chantries,  being  within  the  limits 
 of  their  commission,  which  hereafter  shall  be  dissolved  or 
 determined  by  virtue  of  this  Act,  as  to  every  stipendiary 
 priest  and  other  priest  whose  salary  the  king  shall  be 
 entitled  unto  by  this  Act,  as  to  every  fellow  and  poor 
 person  having  yearly  relief  out  of  any  of  the  said  colleges, 
 free  chapels,  or  chantries,  being  within  the  limits  of  their 
 commission,  such  several  yearly  annuities,  pensions,  or  other 
 recompenses  during  their  several  lives,  as  to  the  same  com- 
 missioners, or  two  of  them,  shall  be  thought  meet  and 
 convenient. 
 Yearly  And  Over  that,  the  said  commissioners,  or  two  of  them  at 
 
 assured  to  ^^^  least,  shall  have  full  power  and  authority,  by  virtue  of 
 certain  this  Act  and  of  the  commission  to  them  directed,  to  inquire 
 00^0"^  and  try  by  such  ways  and  means  as  they  shall  think  meet 
 chantry,  and  convenient,  what  money,  profit,  and  benefit  any  poor 
 c.,  s  la  person  or  persons  by  virtue  of  any  conveyance,  assurance, 
 tinued  and  composition,  will,  devise,  or  otherwise  heretofore  had  or 
 P^^  *  made,  intended  or  meant  to  have  continuance  for  ever,  had 
 
 or  enjoyed  within  five  years  next  before  the  beginning  of 
 this  present  Parliament,  out  of  any  college,  free  chapel,  or 
 chantry,  and  other  the  premises,  given,  limited,  or  appointed 
 to  the  king  by  this  Act,  being  within  the  limits  of  their  com- 
 mission ;  and  thereupon  to  make  assignments  and  orders  in 
 such  manner  and  form  as  all  and  singular  such  said  money, 
 profit,  and  commodity  shall  be  paid  to  poor  people  for  ever, 
 according  to  such  said  assurance,  composition,  will,  devise, 
 Lands  as-    or  Other  thing  had  or  made  for  the  same  ;  and  to  assign  and 
 towards      appoint  lands,  tenements,  or  other  hereditaments,  parcel  of 
 the  main-    the  premises,  for  the  maintenance  and  continuance  of  the 
 sea^waH^    same  for  ever ;  and  also  to  appoint  to  fraternities,  brother- 
 and  banks,  hoods,   and   guilds,   lands,   tenements,  and  hereditaments, 
 parcel  of  the   premises,  towards  and  for  the  maintenance 
 of  piers,  jetties,  walls,  or  banks  against  the  rages   of  the 
 sea,  havens,  and  creeks. 
 
Lxviii]     HISTORY  OF  THE  ENGLISH  CHURCH  341 
 
 And  that  all  and  singular  annuities,  pensions,  and  other  1547. 
 recompenses  shall  be  half-yearly  paid  to  the  persons  to  ^9^^  *°  ^^ 
 whom  the  same  ought  to  be  paid^  by  the  king's  receiver 
 for  the  time  being,  of  his  lands  commonly  called  the  sup- 
 pressed lands,  or  other  his  revenues,  lying  in  the  county 
 or  city  where  such  college,  free  chapel,  or  chantry,  or 
 other  the  premises,  given,  limited,  or  appointed  to  the  king 
 by  this  Act,  the  first  day  of  this  present  Parliament  were  or 
 remained,  without  any  fee  or  reward  therefore  to  be  paid, 
 the  first  payment  to  begin  at  the  feast  of  St.  Michael  the 
 Archangel  next  coming  ;  and  that  every  such  receiver,  upon 
 his  account,  shall  have  full  and  due  allowance  of  all  such 
 annuities,  pensions^,  and  other  recompenses  by  him  paid,  by 
 virtue  of  any  such  assignment  to  be  made  by  the  said  com- 
 missioners, or  two  of  them  at  the  least. 
 
 And  it  is  ordained  and  enacted  by  the  authority  of  this  The  com- 
 present  Parliament,  that  the  said  commissioners,  and  every  "^^ssioiiers 
 of  them,  that  shall  take  upon  him  the  execution  of  any  of  bene- 
 the  said  commissions,  shall  be  bound,  as  he  will  answer  ^^'^^'y 
 
 '  '  _  towards 
 
 before  God,  to  execute  the  commission  to  him  and  other  the  clergy, 
 directed,  beneficially  towards  the  deans,  masters,  wardens,  ^^^^^^l 
 provosts,  and  other  incumbents  and  ministers  aforesaid,  and  mainten- 
 towards  the  poor  people,  concerning  the  said  assignments,  ^"^^^  ^ea- 
 and  also  toward  the  maintenance  of  piers,  jetties,   walls, 
 and    banks   against   the   rages   of    the    sea,    havens,    and 
 creeks. 
 
 And  that  all  manner  of  assignments  and  ordinances  to  be  Their 
 made  by  the  said  commissioners,  or  two  of  them  at  the  least,  ^^  Y^ve  *^^ 
 and  certified  under  their  seals,  or  the  seals  of  two  of  them  force  of 
 at  the  least,  into  the  king's  court  of  the  augmentations  and  ^^* 
 revenues  of  his  crown,  or  to  any  other  court  or  courts,  by  the 
 king's  majesty  to  be  made  or  assigned,  shall  by  virtue  of  this 
 Act,  and  of  the  said  commissions,  be  as  good  and  effectual  in 
 the  law,  to  all  intents,  constructions,  and  purposes,  as  though 
 the  same  had  been  assigned  and  ordained  by  authority  of 
 
342 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE      [lxviii 
 
 1547. 
 
 Noannuity 
 or  pension 
 shall 
 
 extend  to 
 more  than 
 it  did 
 before. 
 
 A  pension 
 shall  cease 
 on  pro- 
 motion to 
 a  better 
 living. 
 
 The  com- 
 missioners 
 to  make 
 certificate 
 of  lands 
 assigned. 
 
 this  present  Parliament,  by  express  and  apt  words,  terms, 
 and  sentences. 
 
 Provided  also,  that  such  annuities,  pensions,  or  other 
 recompenses  that  the  said  commissioners,  or  any  of  them, 
 shall  assign  or  appoint  to  be  paid  yearly  to  any  such  dean, 
 master,  warden,  governor,  or  other  incumbent,  fellow,  or 
 minister,  shall  not  extend  to  any  more  clear  yearly  value 
 than  such  dean,  master,  warden,  provost,  governor,  or  other 
 incumbent,  fellow,  or  minister,  or  his  predecessor,  lawfully 
 had  or  enjoyed  in  money,  meat,  drink,  livery,  or  allowance 
 of  the  same  yearly,  within  five  years  next  before  the  begin- 
 ning of  this  present  Parliament. 
 
 Provided  also,  that  if  any  of  the  said  masters,  wardens, 
 provosts,  governors,  or  other  incumbents,  fellows,  or  ministers, 
 shall  at  any  time  hereafter  during  his  life  be  promoted  by  the 
 king  to  any  benefice  or  other  spiritual  promotion,  being  of 
 a  better  clear  yearly  value  than  his  said  annuity  or  pension 
 or  other  recompense  shall  be  of;  that  then  the  annuity, 
 pension,  or  other  recompense  that  any  such  dean,  master, 
 warden,  governor,  provost,  or  other  incumbent,  fellow,  [or] 
 minister  that  shall  be  so  promoted  shall  have,  shall  imme- 
 diately after  such  promotion  had,  cease  and  utterly  de- 
 termine. 
 
 And  be  it  ordained  and  enacted  by  the  authority  of  this 
 present  Parliament,  that  the  said  commissioners,  or  two  of 
 them  at  the  least,  to  whom  any  commission  by  virtue  or 
 means  of  this  Act  shall  be  directed  and  delivered,  shall  be 
 bound,  upon  the  forfeiture,  every  of  them  of  a  hundred 
 pounds,  to  make  certificate  under  their  seals,  or  the  seals 
 of  two  of  them  at  the  least,  into  the  said  court  of  the 
 augmentations  and  revenues  of  the  king's  crown,  or  into  any 
 other  court,  as  is  aforesaid,  within  one  year  next  after  the 
 commission  to  them  directed,  of  all  manors,  lands,  tene- 
 ments, rents,  tithes,  portions,  pensions,  hereditaments,  and 
 recompenses,  by  the  same  commissioners  or  two  of  them 
 
Lxviii]      HISTORY  OF  THE  ENGLISH  CHURCH  343 
 
 assigned  or  appointed  to  any  of  the  uses,  intents,  or  purposes      1547. 
 above  mentioned. 
 
 And  also  be  it  ordained  and  enacted  by  the  authority  of  The  king 
 this  present  Parhament,   that  our  sovereisrn  lord  the  kins:  *°  ^V^^  ^^^ 
 
 ^  &  &  goods, 
 
 shall  have  and  enjoy  all  such  goods,  chattels,  jewels,  plate,  plate,  &c., 
 
 ornaments,  and  other  moveables,  as  were,  or  be,  the  common  ^f  every 
 
 college, 
 goods  of  every  such  college,  chantry,  free  chapel,  or  stipen-  &c. 
 
 diary  priest,  belonging  or  annexed  to  the  furniture  or  service 
 
 of  their  several  foundations,  or  abused  of  any  of  the  said 
 
 corporations  in  the  abuses  aforesaid,  the  property  whereof 
 
 was   not   altered    nor   changed    before   the   eighth  day  of 
 
 December  in  the  year  of  our  Lord  God  1547. 
 
 And  it  is  also  ordained  and  enacted  by  the  authority  The  debts 
 of  this  present  Parliament,  that  all  such  debts  and  sums  shall* b?*^^^ 
 of  money,  as  ought  or  should,  without  fraud  or  covin,  here-  paid  by 
 after  be  paid  of  the  money  or  goods  of  any  of  the  said     ^    '"^ 
 colleges,  due  or  payable  by  reason  of  any  contract,  specialty, 
 or  promise  had  or  made  before  the  same  eighth  day,  shall 
 truly  and  fully  be  paid  by  the  treasurer  of  the  king's  court 
 of  the  augmentations  and  revenues  of  his  crown,  or  by  the 
 treasurer  or  receiver  of  any  other  court  to  which  any  of  the 
 premises  shall  be  appointed,  of  the  king's  treasure,  being 
 in  his  or  their  hands,  with  as  convenient  speed  as  the  same 
 may  be  paid. 
 
 Provided  always,  and  be  it  ordained  and  enacted  by  the  Exceptions 
 authority  aforesaid,  that  this  Act,  or  any  article,  clause,  or  °^  ^^^^^^" 
 matter  contained  in  the  same,  shall  not  in  any  wise  extend  &c.,  out  of 
 to  any  college,  hostel,  or  hall  being  within  either  of  the  ^^^^       ' 
 Universities  of  Cambridge  and  Oxford ;  nor  to  any  chantry 
 founded  in  any  of  the  colleges,  hostels,  or  halls  being  in  the 
 same  Universities ;  nor  to  the  free  chapel  of  St.  George  the 
 Martyr,  situate  in  the  castle  of  Windsor  ;  nor  to  the  college 
 called  St.  Mary's  College  of  Winchester  beside  W^inchester, 
 of  the  foundation  of  Bishop  Wykeham  ;  nor  to  the  college  of 
 Eton  ;  nor  to  the  parish  church  commonly  called  the  Chapel 
 
344  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxviii 
 
 1547.  in  the  Sea  in  Newton,  within  the  isle  of  Ely,  in  the  county  of 
 Cambridge ;  nor  to  any  manors,  lands,  tenements,  or  here- 
 ditaments to  them  or  any  of  them  pertaining  or  belonging  ; 
 nor  to  any  chapel  made  or  ordained  for  the  ease  of  the 
 people  dwelling  distant  from  the  parish  church,  or  such  like 
 chapel  whereunto  no  more  lands  or  tenements  than  the 
 churchyard  or  a  little  house  or  close  does  belong  or  pertain  ; 
 and  of        nor  to  any  cathedral  church  or  college  where  a  bishop's 
 
 cathedral     ggg  jg   ^vithin  this  realm  of  England  or  Wales,  nor  to  the 
 churches. 
 
 manors,  lands,  tenements,  or  other  hereditaments  of  any  ot 
 
 them,  other  than  to  such  chantries,  obits,  lights,  and  lamps, 
 
 or  any  of  them,  as  at  any  time  within  five  years  next  before 
 
 the  beginning  of  this  present  Parliament  have  been  had, 
 
 used,  or  maintained  within  the  said  cathedral  churches,  or 
 
 within  any  of  them,  or  of  the  issues,  revenues,  or  profits  of 
 
 any  of  the  said  cathedral  churches,  to  which  chantries,  obits, 
 
 lights,  and  lamps  it  is  enacted  by  the  authority  aforesaid 
 
 that  this  Act  shall  extend. 
 
 The  king         And  it  is  ordained  and  enacted  by  the  authority  aforesaid, 
 
 may  alter    ^^^^^  ^^^  sovereign  lord  the  king,  at  any  time  during  his  life 
 
 the  names  °  o^  j  o 
 
 of  Chan-      (which  God  long  preserve),  may  at  his  will  and  pleasure  alter 
 
 tries  in       ^^^  change  the  name  or  names  of  all  and  singular  chantries, 
 
 &c.,  ex-'     and  the  foundations  of  the  same,  being  in  any  of  the  colleges, 
 
 cepted.        hostels,  or  halls  of  any  of  the  said  universities,  according  as 
 
 to  his  godly  wisdom  shall  be  thought  meet  and  convenient. 
 
 Certain  Saving  to  all  and  every  person  and  persons,  bodies  politic 
 
 rents,  &c.,  ^nd  corporate,  their  heirs  and  successors,  and  the  heirs  and 
 
 donors,       successors  of  every  of  them — other  than  the  masters,  wardens, 
 
 founders,     ministers,  governors,  rulers,  priests,  incumbents,  fellows,  and 
 
 colleges,     brethren  of  the  said  colleges,  chantries,  free  chapels,  and 
 
 chantries,    other  the  premises,  given,  limited,  or  appointed  to  the  king  by 
 
 this  Act,  and  the  successors  of  them  and  every  of  them,  and 
 
 other  than  such  as  be  or  pretend  to  be  founders,  patrons,  or 
 
 donors  of  the  premises  or  any  of  them,  or  of  any  part  or 
 
 parcel  thereof,  and  the  heirs,  successors,  and  assigns  of  every 
 
Lxviii]    HISTORY  OF  THE  ENGLISH  CHURCH  345 
 
 or  any  of  them,  and  other  than  such  as  be  or  were  feoffees,  1547. 
 recoverees,  cognizees,  grantees,  or  devisees  of  any  of  the 
 premises  to  or  for  any  of  the  uses,  purposes,  or  intents  above 
 mentioned,  or  to  the  use  of  any  of  the  said  colleges,  free 
 chapels,  chantries,  or  other  the  premises,  given,  limited,  or 
 appointed  by  this  Act  to  the  king,  or  to  the  intent  to  employ 
 the  rents  or  profits  thereof  to  the  use  of  the  masters,  rulers, 
 incumbents,  or  ministers  of  them  or  any  of  them,  and  other 
 than  such  person  and  persons  and  bodies  politic  and  cor- 
 porate, their  heirs,  successors,  and  assigns,  as  claim  or  pretend 
 to  have  estate,  right,  title,  interest,  use,  possession,  or  con- 
 dition of,  in,  or  to  the  premises  or  any  part  or  parcel  thereof, 
 by  reason  of  any  feoffment,  fine,  bargain,  and  sale,  or  by 
 any  other  ways,  means,  or  conveyance  to  them  made  of  any 
 estate  of  inheritance,  without  the  said  late  king's  licence, 
 assent,  consent,  or  agreement,  and  without  the  licence,  assent, 
 or  agreement  of  the  king's  majesty  that  now  is,  by  any  of  the 
 said  deans,  masters,  wardens,  ministers,  governors,  rulers, 
 priests,  or  incumbents,  or  by  the  founders,  donors,  or  patrons 
 of  them  or  of  any  of  them — all  such  right,  title,  claim,  pos- 
 session, interest,  rents,  annuities,  commodities,  commons, 
 offices,  fees,  leases,  liveries,  livings,  pensions,  portions,  debts, 
 duties,  and  other  profits,  which  they  or  any  of  them  lawfully 
 have,  or  of  right  ought  to  have,  or  might  have  had,  in,  of,  or 
 to  any  of  the  premises,  or  in,  of,  or  to  any  part  or  parcel 
 thereof,  in  such  like  manner,  form,  and  condition,  to  all 
 intents,  respects,  constructions,  and  purposes,  as  if  this  Act 
 had  never  been  had  or  made,  and  as  though  the  said 
 chantries,  colleges,  and  other  the  said  promotions  had  still 
 continued  and  remained  in  their  full  being ;  and  saving  to 
 all  and  every  patron,  donor,  founder,  or  governor  of  any 
 such  college,  chantry,  free  chapel,  stipendiary  priests,  and 
 other  the  premises,  given,  limited,  or  appointed  to  the  king 
 by  this  Act,  and  the  donor,  feoffor,  and  giver  of  the  aforesaid 
 lands,  tenements,  or  hereditaments,  to  them  or  any  of  them, 
 
346 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxviii 
 
 1547. 
 
 Pur- 
 chasers of 
 chantry, 
 college, 
 &c.,  lands 
 may  claim 
 repayment 
 ofpurchase 
 money 
 from 
 vendors. 
 
 All 
 
 chantry, 
 college, 
 &c. ,  lands 
 shall  be 
 under  the 
 survey 
 
 or  to  any  uses  or  purposes  before  mentioned^  all  such  rents 
 services,  rents  seek,  rent-charges,  fees,  annuities,  profits,  and 
 offices ;  and  also  all  leases  for  term  of  life,  lives,  and  years, 
 whereupon  the  accustomed  rent,  or  more,  is  reserved,  as  they 
 or  any  of  them  lawfully  had^  perceived,  and  enjoyed  in,  out, 
 or  of  any  of  the  said  promotions,  or  out  of  any  of  the  said 
 lands,  tenements,  or  hereditaments,  before  the  first  day  of 
 this  present  Parliament. 
 
 And  over  that,  it  is  ordained  and  enacted  by  the  authority 
 of  this  present  Parliament,  that  all  and  every  person  and 
 persons  being  in  life,  which  have  or  has  for  any  sum  of 
 money  to  him  or  them  paid,  bargained  or  sold  any  manors, 
 lands,  tenements,  or  other  hereditaments  aforesaid,  where- 
 unto  the  king  our  sovereign  lord  is  entitled  by  virtue  of  this 
 Act,  shall  repay  to  such  person  as  so  bought  any  of  the  said 
 manors,  lands,  tenements,  or  other  hereditaments,  or  to  his 
 executors  or  assigns,  upon  a  request  therefor  made,  or  within 
 three  months  then  next  ensuing  the  same  request,  as  much 
 money  as  he  or  they  received  for  the  sale  of  anything  so  by 
 him  or  them  sold ;  and  for  non-payment  thereof  such  person 
 and  persons  as  purchased  or  bought  the  said  lands,  tene- 
 ments, and  other  the  premises,  or  any  parcel  thereof,  and 
 their  executors  and  administrators,  shall  be  enabled  by  the 
 authority  of  this  present  Parliament  to  sue  and  maintain  an 
 action  of  debt  at  the  common  law  of  this  realm,  against  such 
 person  or  persons  as  so  bargained  or  sold  to  him  or  them, 
 or  to  their  testator,  any  of  the  premises  belonging  to  any 
 college,  chantry,  free  chapel,  or  other  promotion  spiritual ; 
 in  which  action  of  debt  no  essoin,  protection,  or  wager  of 
 law  shall  be  admitted  or  allowed. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid, 
 that  all  and  every  of  the  said  chantries,  colleges,  and  free 
 chapels,  and  other  the  premises,  given,  limited,  or  appointed 
 to  the  king  by  this  Act,  and  all  the  mansion  houses,  manors, 
 lands,  tenements,  possessions,  and  hereditaments,  and  other 
 
Lxviii]     HISTORY  OF  THE  ENGLISH  CHURCH  347 
 
 the  premises^  whatsoever  they  be,  given,  limited,  and  1547. 
 appointed  to  the  king  by  this  Act,  and  every  part  and  of  the 
 parcel  of  them,  which  by  authority  and  virtue  of  this  Act  auomenta- 
 be  vested,  adjudged,  and  deemed,  or  shall  be  in  the  tions. 
 king's  majesty's  possession  and  hands,  or  which  the  king 
 shall  be  entitled  unto  by  virtue  of  this  Act,  shall  be  in  the 
 order,  survey,  and  governance  of  our  sovereign  lord  the 
 king's  court  of  the  augmentations  and  revenues  of  his 
 crown,  or  in  such  other  court  as  the  king  at  any  time 
 hereafter  shall  assign,  name,  or  appoint,  and  so  shall  and 
 may  be  granted,  let,  and  set  to  farm  by  the  chancellor, 
 officers,  and  ministers  of  the  same  court,  or  of  any  other 
 court  so  to  be  appointed,  in  such  manner  and  form  as  other 
 manors,  lands,  and  tenements  appointed  to  the  same  court 
 of  augmentations  and  revenues  of  his  grace's  crown,  or 
 other  court  so  to  be  appointed,  are  to  be  granted  or  let: 
 and  that  all  farms,  issues,  revenues,  and  profits  coming 
 and  growing  of  the  same  premises,  and  of  every  part 
 thereof,  shall  be  taken  and  received  to  the  king's  use,  by 
 the  officers  and  ministers  of  the  same  court  or  courts,  in 
 such  manner  and  form  as  is  used  and  had  of  other  manors, 
 lands,  and  tenements,  and  of  the  issues,  revenues,  and  profits 
 of  the  same,  committed  to  the  order,  rule,  survey,  and 
 governance  of  the  said  court  of  the  augmentations  and 
 revenues  of  the  king's  crown,  or  any  other  court  so  to  be 
 appointed ;  any  Act,  statute,  ordinance,  custom,  or  use 
 heretofore  had,  made,  or  used  to  the  contrary  notwith- 
 standing. 
 
 And  it  is  further  enacted  by  the  authority  aforesaid,  that  Leases  of 
 if  any  of  the  said  masters,  wardens,  ministers,  rulers,  gover- 1^^^''^^ 
 nors,  priests,  incumbents,  or  owners  of  any  such  college,  made  by 
 chantry,  free  chapel,  or  any  of  the  premises  given,  limited  *^^  gover- 
 or  appointed  to  the  king  by  this  Act,  or  of  any  of  them,  reserving 
 since    the   three-and-twentieth   day   of  November   in   the  '^^  °^^   ,, 
 
 ■'  rent,  shall 
 
 thirty-seventh  year  of  the  reign  of  the  said  late  king,  have  be  void. 
 
348  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxviii 
 
 1547.      made  any  lease  under  his  or  their  common  seal  or  other- 
 wise, for  term  of  years,  life,  or  lives,  of  their  said  colleges, 
 chantries,  free  chapels,  or  of  other  the  same  premises  or 
 of  any   part  thereof,  or  of  any  manors,  lands,  tenements, 
 possessions,  or  hereditaments  whatsoever  they  be,  to  them 
 or  to  any  of  them  united  or  annexed,  belonging  or  apper- 
 taining, upon  the  which  leases  the  usual  and  old  rents  and 
 farms  accustomed  to  be  yielded  and  reserved,  or  more,  by 
 the  space  of  twenty  years  next  before  the  said  three-and- 
 twentieth   day   of   November,    not    reserved    and  yielded, 
 shall  be  utterly  void  and  of  none  effect,  and  that  all  other 
 leases  and  grants  heretofore  made  of  any  of  the  premises 
 given,  limited,  or  appointed  to  the  king  by  this  Act,  shall  be 
 as  good,  available,  and  effectual  in  the  law,  to  all  intents, 
 constructions,  and  purposes  as  if  this  Act  had  never  been 
 had  or   made ;    anything   in   this  Act,   or  any  other  Act 
 heretofore  had  or  made,  to  the  contrary  thereof  in  any  wise 
 notwithstanding. 
 Exception       Provided  always,  and 'be  it  further  ordained  and  enacted 
 ^f  *°h'^h^^  by  the  authority  aforesaid,  that  this  Act  or  anything  therein 
 the  gover-  contained  shall  not  extend  to  any  manors,  lands,  tenements, 
 nors  of  any  pQggggg-Qj^g^    or    hereditaments,   which    the    said    masters, 
 &c.,  were    wardens,   ministers,  chantry  priests,  incumbents,   or  other 
 seized  to     ^^-y^   said    governors,    officers,    ministers,    or   rulers   of  the 
 
 their  own  o  '  '  ' 
 
 uses;  premises  or  of  any  of  them,  has  or  is,   or  hereafter  shall 
 
 have,  or  be  possessed  or  seised  of,  in  fee  simple,  fee  tail 
 general  or  special,  for  term  of  life,  term  of  years,  or  other- 
 wise, to  his  or  their  own  proper  uses,  by  inheritance  or 
 purchase,  and  not  being  at  any  time  united  or  annexed  to 
 his  or  their  said  colleges,  free  chapels,  chantries,  or  other 
 the  premises  given,  limited,  or  appointed  to  the  king  by 
 and  as  to     this  Act;  nor  shall  extend  to  any  manors,  lands,  tenements, 
 &c.  not      possessions,  rents,  annuities,  and  yearly  pension  or  pensions, 
 united  to     or  to  any  yearly  sum  or  sums  of  money,  being  not  united 
 colleges       ^^  parcel  of  any  of  the  said  colleges  and  other  the  premises 
 
Lxviii]      HISTORY  OF  THE  ENGLISH   CHURCH  349 
 
 aforesaid,  or  of  anyx)f  them,  heretofore  given  or  granted  by       1547. 
 the  said  late  king,  or  given  or  granted,  or  hereafter  to  be  &c.,  but 
 given  or  granted  by  the  king  our  sovereign  lord,  to  any  of  |r^"^^^  ^^ 
 the  said  deans,  masters,  wardens,  ministers,  chantry  priests,  VIII  or 
 incumbents,  governors,  or  rulers  of  the  premises  or  of  any  f^"^-"^ 
 of  them,   for  term    of  life  only,   under  his   great  seal  of  deans,  &c- 
 England,  or  under  the  seal  of  the  court  of  the  augmenta- 
 tions and  revenues  of  the  king's  crown,  6r  any  other  of  the 
 king's  seals  of  any  of  his  courts ;  anything  contained  in  this 
 Act  to  the  contrary  in  any  wise  notwithstanding. 
 
 Provided  always,  and  be  it  enacted  by  the  authority  afore-  Proviso  for 
 
 said,  that  as  well  all  and  every  patron,  donor,  founder,  and  V^^\^  ^^ 
 
 J   r  '  '  '  had  rent  or 
 
 giver  of  any  of  the  said  promotions  or  premises,  or  giver,  yearly 
 donor,  or  feoffor  of  any  their  lands,  tenements,  possessions,  ^f?hS°"d 
 or  other  hereditaments,  as  all  and  every  person  and  persons,  of  any 
 bodies  politic  and  corporate,  which  before  the  making  of  ^^^"'''^' 
 this  Act  lawfully  without  fraud  or  covin  had  or  enjoyed 
 any  manner  of  rent   or  other  yearly  profits  to  be  taken, 
 perceived,  or  had  of  any  chantries,  colleges,  free  chapels,  or    ' 
 other  the  premises  given,  limited,  or  appointed  to  the  king 
 by  this  Act,   or  out  of  any  manors,  lands,  tenements,  or 
 other  possessions  of  them  or  any  of  them,  shall  have  and 
 enjoy  the  same  in  like  manner  and  form  as  they  should 
 and  ought  to  have  done,  if  the  said  colleges,  chantries,  free 
 chapels,  and  other  the  premises  given,  limited,  or  appointed 
 to  the  king  by  this  Act,  had  still  remained  and  continued  in 
 esse  and  full  being;  anything  in  this  Act  mentioned  to  the 
 contrary  in  any  wise  notwithstanding. 
 
 Provided  also,  and  be  it  enacted  by  the  authority  afore-  Wardens, 
 said,  that  if  any  such  governor,  ruler,  warden,  master,  incum-     *^''  ^^^"^ 
 
 '  y  o  ■!  1  J  )  com- 
 
 bent,  minister,  or  other,   having  any  of  the  said  spiritual  pounded 
 
 promotions,  or  incumbencies,  have  or  shall  compound  for  ^^^^  ^need 
 
 the  first-fruits  of  any  such  spiritual  promotions,  according  not  pay 
 
 to  the  laws  and  statutes  of  this  realm,  and  the  days  of  pay-    ^^"^^.° 
 
 '  J  r   J    composi- 
 
 ment  of  any  part  thereof  not  expired  before  the  first  day  of  tion. 
 
350  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxviii 
 
 1547.  this  Parliament,  that  all  sums  of  money  so  to  be  due  and 
 payable  since  the  said  first  day  of  this  Parliament  shall 
 cease  and  be  not  paid,  asked,  or  demanded ;  any  bond, 
 recognizance,  surety,  or  other  thing  had  or  made  to  the 
 contrary  notwithstanding. 
 Payments  Provided  always,  and  be  it  enacted  by  the  authority 
 out  of  the    aforesaid,  that  all  such  rents,  services,  issues,  profits,  and 
 
 premises  7  ?  j   r-  ? 
 
 into  the      Other  sums  of  money  payable  out  of  or  for  any  of  the  pre- 
 
 exchequer  j^-,jggs^  or  any  of  them,  in  the  king's  court  of  his  Exchequer, 
 
 tinued.        shall  continue  and  be  continually  and  yearly  levied,  charged, 
 
 or  paid   in    the   same   court,   in    such   manner   and   form 
 
 as  heretofore  has   been   used ;   any  law,  custom,  unity  of 
 
 possession   in   the   king's  highness,  or  other  thing  to  the 
 
 contrary  notwithstanding,  and  as  though  the  said  promotions, 
 
 manors,  lands,  tenements,  and  other  the  premises  had  not 
 
 come  to  the  king's  hands  or  possession. 
 
 Grants  of        And  be  it  further  enacted  by  the  authority  aforesaid,  that 
 
 the  pre-      j^jj  ^^^^  every  letters  patent  made  by  the  said  late  King 
 
 misesmade  -^  ... 
 
 by  Henry    Henry  VIII,  or  by  the  king's  majesty  that  now  is,  or  here- 
 
 VIII,  or      after  to  be  made  by  his  highness,  to  any  person  or  persons, 
 
 be  made,     or  to  any  archbishop  or  bishop,  of  any  of  the  said  colleges, 
 
 ^y^^^-^^' chantries,  free  chapels,  or  other  the  premises,  or  any  part 
 
 royal  or  parcel  of  them,  or  of  any  lands,   tenements,  or  here- 
 
 ^b^T^'       ditaments  belonging  or  appertaining,   or  that  did  belong 
 
 good.  or  appertain  to  them  or  to  any  of  them,  and  all  fines,  gifts, 
 
 grants,  feoffments,  recoveries,  and  all  other  assurances  and 
 
 conveyances  thereof  had  or  made  by  the  assent,  consent,  or 
 
 licence  under  the  great  seal  of  England,  of  the  said  late 
 
 King  Henry  VIII,  or  of  the  king's  majesty  that  now  is,  to 
 
 any  person  or  persons,  bodies  politic  or  corporate,  by  any 
 
 chantry  priest,  master,  warden,  minister,  ruler,  governor,  or 
 
 other  having  any  of  the  said  promotions,  of  any  of  the  said 
 
 colleges,  chantries,  free  chapels,  or  other  the  premises,  or 
 
 any  of  them,  or  of  any  part,  parcel,  or  member  of  the  same, 
 
 shall  stand  and  be  in  their  forces  and  effects,  and  shall  be 
 
Lxviii]    HISTORY  OF   THE  ENGLISH  CHURCH  351 
 
 good  and  effectual  in  the  law  for  such  estates  and  interests  1547. 
 given,  granted,  limited,  or  appointed  in  any  of  the  gifts, 
 grants,  assurances,  or  conveyances  thereof  had  or  made, 
 according  to  their  purports,  form,  and  matter,  and  according 
 to  the  true  intent  and  meaning  of  the  same  assurances, 
 and  shall  be  by  authority  of  this  Act  good,  perfect,  and 
 available,  as  well  against  the  king,  his  heirs  and  successors, 
 as  against  the  said  chantry  priests,  wardens,  masters,  rulers, 
 governors,  and  other  having  any  of  the  said  promotions, 
 and  their  successors  and  the  successors  of  every  of  them, 
 as  also  against  the  founders,  donors,  and  patrons  of  the 
 same,  and  the  ordinary  of  them  and  of  every  of  them,  and 
 the  heirs  and  successors  of  every  of  them  ;  any  law,  statute, 
 ordinance,  or  other  thing  to  the  contrary  thereof  notwith- 
 standing. 
 
 And    where    divers   and   sundry   bishops,    deans,   arch- There  have 
 deacons,  treasurers,  prebendaries,  chantry  priests,  masters,     f^j^.  ^ 
 provosts,  rulers,  governors  of  any  deaneries,  archdeaconries,  grants  of 
 treasurerships,  prebends,  free  chapels,  chantries,  or  colleges  ^5^^^^^^^' 
 within  this  realm  of  England  and  other  the  king's  majesty's  pertytothe 
 dominions,  or  any  of  the  patrons,  founders,  donors  of  any  ^""^w"  5 
 of  the  bishoprics,  treasurerships,  deaneries,  chantries,  free 
 chapels,  or   other  the   said  spiritual  promotions,  of  their 
 voluntary  wills  or  minds,  for  divers  good  and  reasonable 
 causes  and  considerations,  by  deed  or  deeds  enrolled,  or  by 
 other  writings  or  conveyances,  heretofore  given  and  granted 
 to  the  late  king  of  famous  memory,  Henry  VIII,  late  king 
 of  England,  and  to  his  heirs,  or  to  our  sovereign  lord  the 
 king  that  now  is,  and  to  his  heirs,  divers  of  their  deaneries, 
 archdeaconries,  treasurerships,  prebends,  chapels,  chantries, 
 and   colleges,   or  any  other  ecclesiastical  or  spiritual  pro- 
 motions last  before  remembered ;  and  all  or  some  part  of 
 the  manors,   lands,  tenements,  tithes,  pensions,  annuities, 
 rents,  reversions,  and  other  revenues,  hereditaments,  posses- 
 sions,  emoluments,   and   profits   to  the   same   bishoprics, 
 
352  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxviii 
 
 1547.  deaneries,  archdeaconries,  treasurerships,  prebends,  chapels, 
 chantries,  colleges,  and  other  like  promotions,  benefices, 
 offices,  and  dignities,  or  to  any  of  them  belonging,  apper- 
 taining, united,  or  annexed,  or  which  the  said  bishops,  deans, 
 archdeacons,  treasurers,  chantry  priests,  masters,  provosts, 
 rulers,  governors,  and  other  ecclesiastical  or  spiritual  officers 
 or  ministers,  or  any  of  the  said  patrons,  donors,  or  founders, 
 or  any  of  them,  had  or  enjoyed  in  the  right,  or  by  reason 
 such  of  any  of  the  same  promotions,  offices,  or  dignities.     Be 
 
 grants         j|.  exacted  by  the  authority  aforesaid,  that  all  and  every 
 
 confirmed.      ^  ■'  ■'  .  •' 
 
 gifts  and  grants  heretofore  made  to  the  said  late  king  and 
 
 to  his  heirs,  or  to  our  sovereign  lord  the  king  that  now 
 is  and  to  his  heirs,  by  any  archbishop,  bishop,  dean,  arch- 
 deacon, treasurer,  prebendary,  master,  provost,  governor,  or 
 other  the  said  ecclesiastical  or  spiritual  person  or  persons, 
 or  by  any  patrons,  donor,  or  founder  of  any  of  the  said 
 deaneries,    chantries,    or    other    of   the    said    spiritual   or 
 ecclesiastical  promotions,  or  of  all  or  any  of  the  manors, 
 lands,  tenements,  tithes,  rents,  reversions,  pensions,  portions, 
 annuities,   or  other  hereditaments,  revenues,   emoluments, 
 profits,  or  commodities  to  any  of  the  said  benefices,  offices, 
 prebends,  promotions,  or  dignities  belonging,  appertaining, 
 united,  or  annexed,  or  which  any  of  the  same  archbishops, 
 bishops,  deans,  archdeacons,  treasurers,  masters,  provosts, 
 prebendaries,  rulers,  governors,  officers,  or  ministers,  patrons, 
 founders,  or  donors,  had  or  enjoyed  or  have  or  enjoy,  or 
 ought  to  have  or  enjoy  in  the  right,  or  by  reason  or  means 
 of  any  of  the  same  promotions,  offices,  or  dignities,  shall  be 
 good  and  effectual  in  the  law  to  all  intents  and  purposes ; 
 A  saving  of  saving  to  all  and    every   person  and  persons  and   bodies 
 the  right     pohtic  and  corporate,  their  heirs,   successors,  and  assigns, 
 and  to  the  heirs,  successors,  and  assigns  of  every  of  them 
 (other  than  the  archbishops,  bishops,  deans,  archdeacons, 
 treasurers,  prebendaries,  rulers,  governors,  wardens,  provosts, 
 givers  and  grantors  of  any  of  the  premises,  and  their  heirs, 
 
Lxviii]     HISTORY  OF   THE   ENGLISH   CHLRCH  353 
 
 successors,  and  assisrns.  and  other  than  such  ecclesiastical  l^il. 
 or  spiritual  person,  bodies  politic  or  corporate,  as  are,  or 
 pretend  to  be,  founders,  donors,  patrons,  or  ordinaries  of  the 
 premises,  or  any  of  them),  all  such  rights,  titles,  interests, 
 claims,  entries,  rents,  reversions,  remainders,  fees,  offices, 
 annuities,  lands,  tenements,  hereditaments,  profits,  com- 
 modities, and  emoluments,  as  they  or  any  of  them  have  or 
 should  or  ought  to  have  had,  of,  in,  or  to  the  premises  next 
 above  mentioned  or  any  part  thereof,  as  if  this  Act  had  never 
 been  had  or  made ;  anything  in  this  Act  to  the  contrary  in 
 any  wise  notwithstanding. 
 
 Provided  always,  that  this  Act,  or  anything  therein  con-  Sales  of 
 tained,  shall  not  in  any  wise  extend  to  make  good  or  effec-  P^^'son- 
 
 '  ■'  *^  ages  or 
 
 tual  any  gift,  grant,  bargain,  sale,  or  alienation  made  by  any  vicarages 
 parson  or  vicar  of  their  parsonages  or  vicarages,  or  of  any  ^^  *^^^^ 
 
 ^  I-  o  <D     >  J   parsons  or* 
 
 part  or  parcel  thereof,  or  of  anything  to  them  or  any  of  them  vicars 
 belonging  or  appertaining.  ■^°^^' 
 
 Provided    also,  that   this  Act,  or  anything  therein  con-  Saving  for 
 tained,  shall  not  in  any  wise  extend  to  hinder  or  prejudice  ^°^^ 
 George  Brook,  knight.  Lord  Cobham,  his  heirs  or  assigns,  respect  of 
 for  or  concerning  the  late  college  of  Cobham  in  the  county  Cobham 
 
 °  °  ■'   College. 
 
 of  Kent,  or  the  manors,  lands,  tenements,  or  possessions 
 thereof;  anything  above  mentioned  to  the  contrary  in  any 
 wise  notwithstanding. 
 
 Provided  also,  and  be  it  enacted  by  the  authority  afore-  This  Act 
 said,  that  this  present  Act,  nor  anything  therein  contained,  ex^enTto 
 shall  in   any   wise  extend  or  be   prejudicial  or  hurtful  to  corpora- 
 the  general  corporation  of  any  city,  borough,  or  town  within  ^.^j^J^g^^^, 
 this  realm,   or  any   other  the  king's   dominions,  nor  shall 
 extend  to  any  the  lands  or  hereditaments  of  them  or  any  of 
 them  ;  anything  herein  contained  to  the  contrary  in  any  wise 
 notwithstanding. 
 
 Provided  also,  and  be  it  enacted  by  the  authority  afore-  Colleges, 
 said,  that  all  such  of  the  said  colleges,  tree  chapels,  chan-  ^^ ^ 'jj^^^jjj'" 
 tries,  or  other  the  premises,  being  appointed  and  given  to  of  Lan- 
 
 A  a 
 
354  DOCUMENTS  ILLUSTRATIVE  OF  THE     [Lxviit 
 
 1547.      the  king's   highness   by  the   authority  of  this  Act,   as  be 
 caster  to    ^jj-j^j^^  ^]^q    Duchy  of   Lancaster,    and   all   manors,  lands, 
 
 be  within  ■'  ' 
 
 the  survey  tenements,   and    hereditaments   pertaining  or  belonging  to 
 Du  ^h  ^^^  ^^vc\Q  colleges,  free  chapels,  and  chantries,  shall  after  the 
 
 said  feast  of  Easter  next  coming,  be  within  the  survey  and 
 order  of  the  court  of  the  Duchy  of  Lancaster,  in  such  man- 
 ner and  form  as  other  the  premises  be  assigned  or  appointed 
 by  authority  of  this  Act  to  be  in  the  survey  and  order  of  the 
 court  of  the  augmentations  and  revenues  of  the  king's 
 crown,  or  other  court  by  the  king  to  be  assigned  ;  and  that  all 
 commissions  that  hereafter  shall  be  awarded  by  virtue  and 
 force  of  this  Act  concerning  such  colleges,  free  chapels, 
 chantries,  and  other  the  premises  as  be  within  the  said 
 Duchy  of  Lancaster,  shall  be  awarded  under  the  great  seal 
 of  England,  and  shall  be  certified  into  the  same  court  of  the 
 Duchy  of  Lancaster ;  anything  abovesaid  to  the  contrary  in 
 any  wise  notwithstanding. 
 Special  Provided  always,  and  be  it  enacted  by  the  authority  afore- 
 
 thrcolle^e  ^^^^'  ^^^^  ^^^^  ^^^'  ^^'^  anything  therein  contained,   shall 
 or  chantry  extend  to  the  college  or  chantry  of  Attleborough  in  the 
 borou^  h  in  county  of  Norfolk,  which  the  said  late  King  Henry  VIII 
 Norfolk,      gave  to  Robert  late  Earl  of  Sussex  and  to  his  heirs ;  but 
 that  Henry  now  Earl  of  Sussex,  son  and  heir  to  the  said 
 late   earl,   his   heirs   and   assigns,   shall    and    may  by  the 
 authority  of  this  Act  have  and  enjoy  the  said  college  and 
 chantry,    and    all    manors,    lands,    tenements,    advowsons, 
 tithes,  pensions,  portions,  and  other  hereditaments  there- 
 unto belonging  or  appertaining ;  anything  in  this  Act  to  the 
 contrary  in  any  wise  notwithstanding. 
 The  king         Provided  always,  and  by  the  authority  aforesaid  be  it 
 nature  of     enacted,  that  the  king's  majesty,  at  any  time  when  it  shall 
 obits  un-      seem  to  him  good,  may  give  authority  to  certain  his  grace's 
 and^dS-^^    commissioners,  to  alter  the  nature  and  condition  of  all  man- 
 pose  them  ner  of  obits,  as  well  within  the  Universities  of  Cambridge 
 u°e^^^^^     and  Oxford,  as  in  any  other  place  within  this  his  grace's 
 
Lxvin]     HISTORY  OF  THE  ENGLISH  CHURCH  355 
 
 realm  of  England  and  Wales,   being   not   suppressed  nor      1547 
 annihilated  by  virtue  of  this  present  Act,  and  the  same 
 obits  so  altered  to  dispose  to  a  better  use,  as  to  the  relief  of 
 some  poor  men,  being  students,  or  otherwise. 
 
 Provided  also,  and  be  it  enacted  by  the  authority  aforesaid,  No  person 
 that  it  shall  not  be  lawful  to  any  person  or  persons,  bodies  ^^\^^^  ^^^^ 
 
 r  ■     1  advantage 
 
 politic  or  corporate,   by  reason  or  any  remainder,  use,  or  of  any 
 condition,  to  enter  into,  claim,  or  challenge  any  lands,  tene-  condition 
 ments,  or  hereditaments,  for  the  non-doing,  not  naming,  or  finding  of 
 non-finding  of  any  such  priest  or  priests  or  poor  folks  as  is  ^"7  pnest, 
 aforesaid,  obit,  anniversary,  light,  or  lamp  from  henceforth  &c.' 
 to  be  founded  or  done  ;  anything  herein  contained  to  the 
 contrary  in  any  wise  notwithstanding. 
 
 Provided  always,   that  [neither]   this  Act,   nor  anything  This 
 therein  contained,  shall  in  any  wise  extend  to  any  lands,  ^*^^*,V*^. 
 
 ■'  ■'  '  shall  give 
 
 tenements,  possessions,  or  hereditaments  whatsoever,  that  no  copy- 
 any  master,  dean,  prebendary,  warden,  or  chantry,  or  any  J^°  5^  ^!^"^ 
 stipendiary  priest  of  any  college,  chantry,  prebend,  fraternity, 
 guild,  or  any  other  corporations,  have  or  hold  of  any  person 
 or  persons  by  copy  of  court  roll,  or  at  will  according  to  the 
 custom  of  any  manor  or  manors  ;  nor  give  or  grant  any  copy- 
 hold lands  to  the  king's  highness ;  and  also  provided  that  the 
 king's  highness,  his  heirs  or  successors,  shall  not  in  any  wise 
 have,  hold,  enjoy,  or  take,  by  virtue  of  this  Act,  or  any 
 article  therein  contained,  any  manner  of  copyhold  lands, 
 tenements,  possessions,  or  hereditaments,  whatsoever  they 
 be ;  but  that  all  and  every  of  the  said  parsons  and  incum-  P^^sons 
 
 ,      .  ,     .    and  incum- 
 
 bents  shall   have,  hold,  and  enjoy  the  same  during  their  bents  shall 
 
 lives,  towards  their  pension  and  yearly  living,  paying  their  ^"j^y^^^^ 
 
 rents  and  doing  their  customs  and  services  thereof  due  and  iffe 
 
 accustomed  ;  anything  in  this  Act  to  the  contrary  notwith-  towards 
 
 standing.  pensions 
 
 Provided  that  this  Act  shall  not  extend  to  any  lands,  This  Act 
 tenements,  or  hereditaments  assigned,  appointed,  or  intended  "ppj^  ^q 
 for  the  finding  and  maintenance  of  any  chantry  priest  or  lands 
 
 A  a  2 
 
356 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxviii 
 
 1547. 
 
 recovered 
 from  any 
 chantry 
 priest,  &€., 
 before  37 
 Hen.  VIII, 
 not  charge- 
 able with 
 tithe. 
 
 Grants,  &c. 
 made  by 
 Henry  VIII 
 or  Edward 
 VI  of 
 colleges, 
 chantries, 
 &c.,  con- 
 firmed. 
 
 Stipendiary  priest,  which  by  any  former  right  and  good  title, 
 without  fraud  or  covin,  were  lawfully  recovered  from  the 
 possession  of  any  such  chantry  priest  or  stipendiary  priest 
 before  the  first  day  of  October  in  the  said  thirty-seventh 
 year  of  the  reign  of  the  said  late  King  Henry  VIII ;  which 
 lands,  tenements,  and  hereditaments  were  not  charged  nor 
 chargeable  to  the  payment  of  the  perpetual  tenth ;  anything 
 in  this  Act  to  the  contrary  hereof  notwithstanding. 
 
 Provided  always,  and  be  it  enacted  by  the  authority  afore- 
 said, that  all  and  singular  grants,  licences,  confirmations, 
 and  letters  patent  which  our  late  sovereign  lord  King 
 Henry  VIII,  or  our  sovereign  lord  the  king  that  now  is, 
 have  made  under  the  great  seal  of  England  to  any  person 
 or  persons,  bodies  politic  or  corporate,  of  any  college, 
 chapel,  or  chantry  now  being  in  esse  or  standing,  or  now 
 not  being  in  esse  or  not  standing,  or  of  any  lordships,  manors, 
 lands,  tenements,  and  hereditaments  annexed,  united,  be- 
 longing, or  appertaining  to  any  college,  chapel,  or  chantry 
 now  being  in  esse  or  standing,  or  now  not  being  in  esse  or 
 not  standing,  or  of  any  other  thing  or  things  mentioned  or 
 expressed  in  this  Act,  and  all  and  every  matter  and  thing 
 mentioned,  expressed,  or  contained  in  any  such  grant, 
 licence,  confirmation,  or  letters  patent,  shall  from  henceforth 
 be  deemed,  taken,  expounded,  and  adjudged  good  and  effec- 
 tual in  the  law,  according  to  the  words,  sentences,  meanings, 
 intents,  form,  and  effects  of  the  same  grants,  licences,  con- 
 firmations, and  letters  patent,  to  all  intents,  constructions,  and 
 purposes  as  if  this  Act,  and  the  said  Act  made  in  the  said 
 thirty-seventh  year  of  the  said  late  King  Henry  VIII,  had 
 never  been  had  nor  made  :  and  that  this  Act,  or  the  said 
 Act  made  in  the  said  thirty-seventh  year  of  the  reign  of 
 our  said  late  sovereign  lord  King  Henry  VIII,  or  any 
 clause,  article,  sentence,  or  other  thing  therein  contained, 
 shall  not  extend  to  any  colleges,  chapels,  chantries,  or  other 
 thing  or  things  mentioned  in  this  Act,  now  being  in  esse  or 
 
Lxviii]     HISTORY   OF   THE  ENGLISH  CHURCH  31 
 
 standing,  or  now  not  being  in  esse  or  not  standing,  or  to  any  1547. 
 manors,  lands,  tenements,  possessions,  revenues,  or  here- 
 ditaments annexed,  united,  belonging,  or  appertaining  to 
 any  college,  chapel,  chantry,  or  other  thing  mentioned  in 
 this  Act,  now  being  in  esse  or  standing,  or  now  not  being  in 
 esse  or  not  standing,  or  to  any  other  thing  or  things  men- 
 tioned or  expressed  in  this  Act,  which  any  person  or  per- 
 sons, bodies  politic  or  corporate,  have  had  or  obtained  by 
 the  assent,  licence,  confirmation,  grant,  or  letters  patent  of  the 
 said  late  king,  or  of  the  king's  majesty  that  now  is,  nor  shall 
 extend  to  any  manors,  lands,  tenements,  revenues,  posses- 
 sions, hereditaments,  or  other  thing  or  things  mentioned, 
 expressed,  or  contained  in  any  such  licence,  confirmation, 
 grant,  or  letters  patent :  but  that  every  such  person  and 
 persons,  bodies  politic  and  corporate,  their  heirs,  succes- 
 sors, and  assigns,  and  the  heirs,  successors,  and  assigns 
 of  every  of  them,  shall  have,  hold,  and  enjoy  all  and  every 
 the  same  colleges,  chapels,  chantries,  manors,  lands,  tene- 
 ments, revenues,  possessions,  and  hereditaments,  and  all  and 
 every  other  thing  and  things  whatsoever  so  by  them  had 
 or  obtained  by  the  assent,  licence,  confirmation,  grant,  or 
 letters  patent  of  the  said  late  king,  or  of  the  king's  majesty 
 that  now  is,  according  to  the  words,  sentences,  form,  effect, 
 meaning,  and  intent  of  the  same  licences,  confirmations, 
 grants,  and  letters  patent ;  this  Act,  or  the  said  Act  made  in 
 the  said  thirty-seventh  year  of  the  reign  of  the  said  late 
 King  Henry  VIII,  or  any  clause,  article,  sentence,  matter, 
 or  thing  mentioned,  expressed,  or  contained  in  any  of  the 
 same  Acts  to  the  contrary  thereof  in  any  wise  notwith- 
 standing. 
 
358 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxix 
 
 1549. 
 
 Divers 
 •  uses,'  or 
 forms,  of 
 prayer  in 
 England 
 and  Wales. 
 
 Incon- 
 veniences 
 therefrom. 
 
 Failure  of 
 endea- 
 vours to 
 check  in-   * 
 novations 
 or  new 
 rites. 
 
 LXIX. 
 
 THE  FIRST  EDWARDINE  ACT  OF  UNIFORMITY, 
 
 A.  D.   1549. 
 
 2  &  3  Edward  VI,  cap.  1. 
 
 The  following  Act  was  passed  January  21,  1549.  The  subsequent 
 editions  of  the  Prayer-book  were  established  by  the  Acts  5  &  6 
 Edward  VI,  cap.  i  {post,  No.  LXXI) ;  i  Elizabeth,  cap.  2  {post. 
 No.  LXXX) ;  a  Proclamation  of  James  I  {post.  No.  LXXXIX)  ;  and 
 by  14  Charles  II,  cap.  4  {post,  No.  CXVII).  Both  the  Edwardine 
 Acts  were,  of  course,  included  in  Mary's  first  Act  of  repeal  {post, 
 No.  LXXIII). 
 
 [Transcr.  Statutes  of  the  Realm,  iv.  37.] 
 
 Where  of  long  time  there  has  been  had  in  this  reahii  of 
 England  and  in  Wales  divers  forms  of  common  prayer, 
 commonly  called  the  service  of  the  Church ;  that  is  to  say, 
 the  Use  of  Saru'm,  of  York,  of  Bangor,  and  of  Lincoln ;  and 
 besides  the  same  now  of  late  much  more  divers  and  sundry 
 forms  and  fashions  have  been  used  in  the  cathedral  and 
 parish  churches  of  England  and  Wales,  as  well  concerning 
 the  Matins  or  Morning  Prayer  and  the  Evensong,  as  also 
 concerning  the  Holy  Communion,  commonly  called  the  Mass, 
 with  divers  and  sundry  rites  and  ceremonies  concerning  the 
 same,  and  in  the  administration  of  other  sacraments  of  the 
 Church  :  and  as  the  doers  and  executors  of  the  said  rites 
 and  ceremonies,  in  other  form  than  of  late  years  they  have 
 been  used,  were  pleased  therewith,  so  other,  not  using  the 
 same  rites  and  ceremonies,  were  thereby  greatly  offended. 
 
 And  albeit  the  king's  majesty,  with  the  advice  of  his  most 
 entirely  beloved  uncle  the  lord  protector  and  other  of  his 
 highness's  council,  has  heretofore  divers  times  essayed  to 
 stay  innovations  or  new  rites  concerning  the  premises ;  yet 
 
LXix]      HISTORY  OF  THE  ENGLISH  CHURCH  359 
 
 the  same  has  not  had  such  good  success  as  his  highness      1549. 
 required  in  that  behalf: 
 
 Whereupon   his   highness   by  the  most  prudent  advice  The  king, 
 aforesaid,  being  pleased  to  bear  with  the  frailty  and  weak-  ^^"t^.'^t  to 
 ness  of  his  subjects  in  that  behalf,  of  his  great  clemency  from 
 has  not  been  only  content  to  abstain  from  punishment  of  P^'ushmg 
 
 *  innov^ators, 
 
 those  that  have  offended  in  that  behalf,  for  that  his  highness  appointed 
 taketh  that  they  did  it  of  a  good  zeal;   but  also  to  the  ^^°"^"^'^' 
 
 •^        .  °  sion  to 
 
 intent  a  uniform  quiet  and  godly  order  should  be  had  con-  consider 
 cerning   the   premises,   has  appointed   the   Archbishop  of 
 Canterbury,  and  certain  of  the  most  learned  and  discreet 
 bishops,  and  other  learned  men  of  this  realm,  to  consideii 
 
 to  draw  up 
 one  uni- 
 ,  form  order 
 
 and  ponder  the  premises ;    and  thereupon  having  as  well  ofCommon 
 eye  and   respect  to  the  most  sincere  and  pure  Christian  P''^y^^- 
 religion  taught  by  the  Scripture,  as  to  the  usages  in  the 
 primitive  Church,  should  draw  and  make  one  convenient 
 and  meet   order,  rite,  and  fashion  of  common  and   open 
 prayer  and  administration  of  the  sacraments,  to  be  had  and 
 used  in  his  majesty's  realm  of  England  and  in  Wales ;  the  Their  con- 
 which  at  this  time,  by  the  aid  of  the  Holy  Ghost,  with  one  ^^"^i^"^ 
 
 embodied 
 
 uniform  agreement    is    of  them  concluded,   set  forth,  and  in  theBook 
 delivered  to  his  highness,  to  his  great  comfort  and  quiet-  ofCommon 
 ness  of  mind,  in  a  book  entitled.  The  Book  of  the  Common 
 Prayer  and  Administration   of  the  Sacraments,  and  other 
 Rites  and  Ceremonies  of  the  Church,  after  the  use  of  the 
 Church  of  England : 
 
 Wherefore   the    Lords  spiritual   and  temporal,   and  the  Parliament 
 Commons,  in  this  present  Parliament  assembled,  consider-  r?^"  ^^J  ^ 
 ing  as  well  the  most  godly  travail  of  the  king's  highness,  of  the  same; 
 the  lord  protector,  and  of  other  his  highness's  council,  in  P'''^ystiat 
 gathering  and  collecting  the  said  archbishop,  bishops,  and  offenders 
 learjied  men  together,  as  the  godly  prayers,  orders,  rites,  ^^^°  '  ^ 
 and  ceremonies  in  the  said  book  mentioned,  and  the  con-  than  those 
 siderations  of  altering  those  thincrs  which   be   altered  and"°^^*'^^ 
 
 °  °  lower  or 
 
 retaining  those  things  which  be  retained  in  the  said  book,  in  the 
 
35o  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxix 
 
 1549.      but  also  the  honour  of  God  and  great  quietness,  which  by 
 
 Fleet,  may  the  grace  of  God  shall  ensue  upon  the  one  and  uniform 
 
 doiied'        ^'^^  ^^'^  order    in    such    common    prayer    and   rites    and 
 
 external  ceremonies  to  be  used  throughout  England  and  in 
 
 Wales,  at  Calais  and  the  marches  of  the  same,  do  give  to 
 
 his  highness  most  hearty  and  lowly  thanks  for  the  same ; 
 
 and  humbly  pray,   that  it  may  be  ordained  and  enacted 
 
 by  his  majesty,  with  the  assent  of  the  Lords  and  Commons 
 
 in  this  present  Parliament  assembled,  and  by  the  authority 
 
 of  the  same,  that  all  and  singular  person  and  persons  that 
 
 have  offended  concerning  the  premises,   other  than  such 
 
 person  and  persons  as  now  be  and  remain  in  ward  in  the 
 
 Tower  of  London,  or  in  the  Fleet,  may  be  pardoned  thereof; 
 
 and  that      and  that   all  and    singular   ministers    in  any  cathedral  or 
 
 the  use        parish  church  or  other  place  within  this  realm  of  England, 
 
 said  book    Wales,  Calais,  and  the  marches  of  the  same,  or  other  the 
 
 may  be       king's  dominions,  shall,  from  and  after  the  feast  of  Pente- 
 
 ^hroughout  cost  next  coming,  be  bound  to  say  and  use  the  Matins, 
 
 the  realm.   Evensong,  celebration  of  the  Lord's  Supper,  commonly  called 
 
 the  Mass,  and  administration  of  each  of  the  sacraments, 
 
 and  all  their  common  and  open  prayer,  in  such  order  and 
 
 form  as  is  mentioned  in  the  said  book,  and  none  other  or 
 
 otherwise. 
 
 Any  not  And  albeit  that  the  same  be  so  godly  and  good,  that  they 
 
 using  it       CTJyg  occasion  to  every  honest  and  conformable  man  most 
 
 and  other     ^  . 
 
 rites  and     willingly  to  embrace  them,  yet  lest  any  obstmate  person 
 cere-  ^j^q  willingly  would  disturb  so  godly  order  and  quiet  in  this 
 
 monies  ...  i         u 
 
 according    realm   should   not   go   unpunished,    that   it    may   also    be 
 to  the  use    ordained  and  enacted  by  the  authority  aforesaid,  that  if  any 
 
 of  the  .  .  ,  ,  ... 
 
 Church  of  manner  of  parson,  vicar,  or  other  whatsoever  minister,  that 
 England,  ought  or  should  sing  or  say  common  prayer  mentioned  in 
 the  said  book,  or  minister  the  sacraments,  shall  after  the 
 said  feast  of  Pentecost  next  coming  refuse  to  use  the  said 
 common  prayers,  or  to  minister  the  sacraments  in  such 
 cathedral  or  parish  church  or  other  places  as  he  should  use 
 
LXix]      HISTORY  OF  THE  ENGLISH  CHURCH  361 
 
 or  minister  the  same,  in  such  order  and  form  as  they  be      1549. 
 mentioned  and  set  forth  in  the  said  book ;    or  shall  use, 
 wilfully  and  obstinately  standing  in   the  same,   any  other  or  using 
 rite,  ceremony,  order,  form,  or  manner  of  Mass  openly  or  ^^^  other 
 
 '  y  '  5  f       J         manner  ot 
 
 privily,  or  Matins,  Evensong,  administration  of  the  sacra-  prayer, 
 ments,  or  other  open  prayer  than  is  mentioned  and  set  forth 
 in  the  said  book  (open  prayer  in  and  throughout  this  Act, 
 is  meant  that  prayer  which  is  for  other  to  come  unto  or 
 hear  either   in   common    churches    or   private   chapels   or 
 oratories,  commonly  called  the  service  of  the  Church) ;  or 
 shall  preach,  declare,   or  speak  anything  in  the  derogation  or  do- 
 or depraving  of  the  said  book,   or  anything  therein    con-  P/^^^'"^ 
 tained,  or  of  any  part  thereof;  and  shall  be  thereof  lawfully  book  shall 
 convicted  accordinc;  to  the  laws  of  this  realm,  by  verdict  of  f^^^^^  ^^ 
 
 ^  _  '      ■'  lollows  : 
 
 twelve  men,  or  by  his  own  confession,  or  by  the  notorious 
 evidence  of  the  fact : — shall  lose  and  forfeit  to  the  king's  Penalty 
 highness,  his  heirs  and  successors,  for  his  first  offence,  the  ^P''  ^^^ 
 
 .  .  '  first 
 
 profit  of  such  one  of  his  spiritual  benefices  or  promotions  offence ; 
 as  it  shall  please  the  king's  highness  to  assign  or  appoint, 
 coming  and  arising  in  one  whole  year  next  after  his  con- 
 viction :  and  also  that  the  same  person  so  convicted  shall 
 for  the  same  offence  suffer  imprisonment  by  the  space  of 
 six  months,  without  bail  or  mainprize  :  and  if  any  such 
 person  once  convicted  of  any  offence  concerning  the 
 premises,  shall  after  his  first  conviction  again  offend  and 
 be  thereof  in  form  aforesaid  lawfully  convicted,  that  then  for  the 
 the    same    person    shall    for    his    second    offence    suffer  ^^.^°"^ 
 
 ^  otlence. 
 
 imprisonment  by  the  space  of  one  whole  year,  and  also 
 shall  therefore  be  deprived  ipso  fado  of  all  his  spiritual 
 promotions ;  and  that  it  shall  be  lawful  to  all  patrons, 
 donors,  and  grantees  of  all  and  singular  the  same  spiritual 
 promotions,  to  present  to  the  same  any  other  able  clerk, 
 in  like  manner  and  form  as  though  the  party  so  offending 
 were  dead  :  and  that  if  any  such  person  or  persons,  after 
 he  shall  be  twice  convicted  in  form  aforesaid,  shall  offend 
 
362  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxix 
 
 1549.  against  any  of  the  premises  the  third  time,  and  shall  be 
 for  the  thereof  in  form  aforesaid  lawfully  convicted,  that  then  the 
 ofTence.       person   SO   offending  and   convicted   the  third  time  shall 
 
 suffer  imprisonment  during  his  life. 
 Penalties         And  if  the  person  that  shall  offend  and  be  convicted  in 
 of  un-         form  aforesaid  concerning  any  of  the  premises,  shall  not  be 
 beneficed    beneficed  nor  have  any  spiritual  promotion,  that  then  the 
 pt    ons.      ^2ime  person  so  offending  and  convicted  shall  for  the  first 
 offence  suffer  imprisonment  during  six  months,  without  bail 
 or   mainprize :    and    if  any    such   person    not   having  any 
 spiritual   promotion,   after   his  first  conviction   shall   again 
 offend  in  anything  concerning  the  premises,   and  shall  in 
 form  aforesaid  be  thereof  lawfully  convicted,  that  then  the 
 same  person  shall  for  his  second  offence  suffer  imprison- 
 ment during  his  life. 
 Penalties        And  it  is  ordained  and  enacted  by  the  authority  above- 
 _or  ^pea  -   ^^-^^  ^^^^  -^^  ^^^  person  or  persons  whatsoever,  after  the  said 
 
 the  said      feast   of  Pentccost   next  coming,  shall  in  any  interludes, 
 
 °^    '^       plays,  songs,  rhymes,  or  by  other  open  words  declare  or 
 
 songs,  or    speak  anything  in  the  derogation,  depraving,  or  despising 
 
 °P^"    . of  the  same  book  or  of  anything  therein  contained,  or  any 
 
 part  thereof;  or  shall  by  open  fact,  deed,  or  by  open  threat- 
 enings,  compel  or  cause,  or  otherwise  procure  or  maintain 
 any  parson,  vicar,  or  other  minister  in  any  cathedral  or 
 parish  church,  or  in  any  chapel  or  other  place,  to  sing  or 
 say  any  common  and  open  prayer,  or  to  minister  any  sacra- 
 ment otherwise  or  in  any  other  manner  or  form  than  is 
 mentioned  in  the  said  book;  or  that  by  any  of  the  said 
 means  shall  unlawfully  interrupt  or  let  any  parson,  vicar,  or 
 other  ministers  in  any  cathedral  or  parish  church,  chapel,  or 
 any  other  place,  to  sing  or  say  common  and  open  prayer, 
 or  to  minister  the  sacraments,  or  any  of  them,  in  any  such 
 for  the  manner  and  form  as  is  mentioned  in  the  said  book ;  that 
 *'^*^  ,  then  every  person  being  thereof  lawfully  convicted  in  form 
 abovesaid,  shall  forfeit  to  the  king  our  sovereign  lord,  his 
 
Lxix]     HISTORY  OF  THE  ENGLISH  CHURCH  363 
 
 heirs   and    successors,    for   the   first   offence   ten   pounds.       1549. 
 And  if  any  person  or  persons,  being  once  convicted  of  any 
 such  offence,  again  offend  against  any  of  the  premises,  and 
 shall  in  form  aforesaid  be  thereof  lawfully  convicted,  that 
 then  the  same  persons  so  offending  and  convicted  shall  for 
 the  second  offence  forfeit  to  the  king  our  sovereign  lord,  his  for  the 
 heirs  and  successors,  twenty  pounds ;  and  if  any  person  after  ^q^^^\  . 
 he,  in  form  aforesaid,  shall  have  been  twice  convicted  of  any 
 offence  concerning  any  of  the  premises,  shall  offend  the  third 
 time,  and  be  thereof  in  form  abovesaid  lawfully  convicted,  that 
 then  every  person  so  offending  and  convicted  shall  for  his  third  foi"  the 
 offence  forfeit  to  our  sovereign  lord  the  king  all  his  goods  offence 
 and  chattels,  and  shall  suffer  imprisonment  during  his  life : 
 and  if  any  person  or  persons,  that  for  his  first  offence  con-  Penalties 
 cerning  the  premises  shall  be  convicted  in  form  aforesaid,  do  ii^payment 
 not  pay  the  sum  to  be  paid  by  virtue  of  his  conviction,  in  of  fines, 
 such  manner  and  form  as  the  same  ought  to  be  paid,  within 
 six  weeks  next  after  his  conviction,  that  then  every  person 
 so  convicted,  and  so  not  paying  the  same,  shall  for  the  same 
 first  offence,  instead  of  the  said  ten  pounds,  suffer  imprison- 
 ment by  the  space  of  three  months  without  bail  or  main- 
 prize.     And  if  any  person  or  persons,  that  for  his  second 
 offence  concerning  the  premises  shall  be  convicted  in  form 
 aforesaid,  do  not  pay  the  sum  to  be  paid  by  virtue  of  his 
 conviction,  in  such  manner  and  form  as  the  same  ought  to 
 be  paid,  within  six  weeks  next  after  his  said  second  convic- 
 tion,   that   then   every   person  so  convicted,   and   not   so 
 paying  the  same,  shall  for  the  same  second  offence,  instead 
 of  the  said  twenty  pounds,  suffer  imprisonment  during  six 
 months  without  bail  or  mainprize. 
 
 And  it  is  ordained  and  enacted  by  the  authority  aforesaid.  Justices  of 
 that  all  and  every  justices  of  oyer  and  terminer,  or  ius- /^'^''f"^ 
 
 •^  '  •'         terminer 
 
 tices  of  assize,  shall  have  full  power  and  authority  in  every  shall 
 
 of  their  open  and  general  sessions  to  inquire,  hear,  and  de-  ^'T /^^^es 
 „  1      „  ^         J  '  under  this 
 
 termme  all  and  all  manner  of  offences  that  shall  be  com-  Act. 
 
364  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxix 
 
 1549.      mitted  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. 
 
 The  arch-        Provided   always,    and   be   it   enacted  by  the  authority 
 
 and  °^^       aforesaid,  that  all  and  every  archbishop  and  bishop  shall  or 
 
 bishops       may  at  all  time  and  times  at  his  liberty  and  pleasure  join 
 
 f?^-^'  ^        and  associate  himself,  by  virtue  of  this  Act,  to  the  said 
 
 their  '       •>  ' 
 
 pleasures,  justices  of  oyer  and  terniiner,  or  to  the  said  justices  of 
 thVsaid  assize,  at  every  of  the  said  open  and  general  sessions  to  be 
 justices.  holden  in  any  place  within  his  diocese,  for  and  to  the 
 inquiry,  hearing,  and  determining  of  the  offences  aforesaid. 
 Proviso  for  Provided  always,  that  it  shall  be  lawful  to  any  man  that 
 private  use  understands   the    Greek,    Latin,    and    Hebrew   tongue,   or 
 
 01  prayers  o      7 
 
 in  foreign  Other  Strange  tongue,  to  say  and  have  the  said  prayers, 
 tongues,      heretofore  specified,  of  Matins  and  Evensong  in  Latin,  or 
 
 any  such  other  tongue,  saying  the  same  privately,  as  they 
 
 do  understand. 
 And  to  And   for   the   further    encouraging    of    learning    in    the 
 
 tearniiT/^  tongues  in  the  Universities  of  Cambridge  and  Oxford,  to 
 they  may  use  and  exercise  in  their  common  and  open  prayer  in  their 
 saidonenl  ^hapels  (being  no  parish  churches)  or  other  places  of 
 in  college  prayer,  the  Matins,  Evensong,  Litany,  and  all  other  prayers 
 mSViiIv  (^^^  Holy  Communion,  commonly  called  the  Mass,  ex- 
 excepted.    cepted)  prescribed  in  the  said  book,  prescribed  ^  in  Greek, 
 
 Latin,   or   Hebrew;    anything  in  this  present  Act  to  the 
 
 contrary  notwithstanding. 
 Occasional  Provided  also,  that  it  shall  be  lawful  for  all  men,  as  well 
 prav'er^^  in  churches,  chapels,  oratories,  or  other  places,  to  use  openly 
 '  taken  out  any  psalm  or  prayer  taken  out  of  the  Bible,  at  any  due 
 ^"l^jg^j  time,  not  letting  or  omitting  thereby  the  service  or  any  part 
 legal.  thereof  mentioned  in  the  said  book. 
 
 Provided  also,  and  be  it  enacted  by  the  authority  afore- 
 
 ^  The  word  '  prescribed '  is  here  evidently  repeated  in  error. 
 
LXix]     HISTORY  OF   THE  ENGLISH  CHURCH  365 
 
 said,  that  the  books  concerning  the  said  services  shall  at  the      1549. 
 costs  and  charges  of  the  parishioners  of  every  parish  and  When  the 
 cathedral  church  be  attained  and  gotten  before  the  feast  of  shall  be 
 Pentecost   next    following,   or   before;    and    that   all  such  gotten, and 
 parish  and  cathedral  churches,  or  other  places  where  the  expense, 
 said  books  shall  be  attained  and  gotten  before  the   said 
 feast  of  Pentecost,  shall  within  three  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,  that  Method  of 
 no  person   or  persons   shall  be  at  any  time  hereafter  irii-o"off™^" 
 I)eached  or  otherwise  molested  of  or  for  any  of  the  offences  ders. 
 above  mentioned,  hereafter  to  be  committed  or  done  con- 
 trary to  this  Act,  unless  he  or  they  so  offending  be  thereof 
 indicted  at  the  next  general  sessions  to  be  holden  before 
 any  such  justices  of  oyer  and  terminer,  or  justices  of  assize, 
 next  after  any  offence  committed  or  done  contrary  to  the 
 tenor  of  this  Act. 
 
 Provided  always,  and  be  it  ordained  and  enacted  by  the  Peers  to  be 
 authority  aforesaid,  that  all  and  singular  lords  in  the  Parlia-  ^^^^^.  °^ 
 ment,  for  the  third  offence  above  mentioned,  shall  be  tried  offence  by 
 by  their  peers.  peers. 
 
 Provided  also,  and  be  it  ordained  and  enacted  by  the  Chief 
 authority  aforesaid,  that  the  Mayor  of  London,  and  all  other  ^^eg^^l^ 
 mayors,  bailiffs,  and  other  head  officers  of  all  and  singular  not  com- 
 cities,    boroughs,  and  towns  corporate  within    this   realm,  "]^j" -^  ^^ , 
 Wales,  Calais,  and  the  marches  of  the  same,  to  the  which  justices  of 
 justices  of  assize  do  not  commonly  repair,  shall  have  full  f^^^^^' 
 power  and  authority  by  virtue  of  this  Act  to  inquire,  hear,  power  as 
 and  determine  the  offences  abovesaid,  and  every  of  them  ^^^\jj,gg 
 yearly,   within   fifteen  days  after  the  feast  of  Easter  and 
 St.  Michael   the  Archangel,   in  like  manner  and  form  as 
 justices  of  assize  and  oyer  and  terminer  may  do. 
 
 Provided  always,  and  be  it  ordained  and  enacted  by  the  Power  of 
 authority  aforesaid,  that  all  and  singular  archbishops  and  gjastical 
 
366  DOCUMENTS   ILLUSTRATIVE   OF  THE      [lxix 
 
 1549.      bishops,  and  every  of  their  chancellors,  commissaries,  arch- 
 courts  to     deacons,  and  other  ordinaries,  having  any  peculiar  ecclesias- 
 
 take  cog-        .....  o        j  r 
 
 nizance  of  tical  jurisdiction,  shall  have  full  power  and  authority  by 
 
 and  punish  yij.|-yg  Qf  ^j-,jg  ^^^    ^g  ^,g||  ^.q  inquire  in  their  visitations, 
 
 offences  ^ 
 
 under  this  synods,  and  elsewhere  within  their  jurisdiction,   [or]  at  any 
 
 ^^^  other  time  or  place,  to  take  accusations  and  informations  of 
 
 all  and  every  the  things  above  mentioned,  done,  committed, 
 or  perpetrated,  within  the  limits  of  their  jurisdiction  and 
 authority,  and  to  punish  the  same  by  admonition,  excom- 
 munication, sequestration,  or  deprivation,  and  other  censures 
 and  process,  in  like  form  as  heretofore  has  been  used  in  like 
 cases  by  the  king's  ecclesiastical  laws. 
 The  same        Provided   always,    and    be   it   enacted,  that   whatsoever 
 shauTotbe  P^^^son  offending  in  the  premises  shall  for  the  first  offence 
 punished     receive  punishment  of  the  ordinary,  having  a  testimonial 
 tribunals     thereof  under  the  said  ordinary's  seal,  shall  not  for  the  same 
 for  tlie        offence    again    be   summoned    before    the   justices ;    and 
 offence       likewise  receiving  for  the  said  first  offence  punishment  by 
 the    justices,    he   shall   not   for    the   same    offence    again 
 receive  punishment  of  the  ordinary ;  anything  contained  in 
 this  Act  to  the  contrary  notwithstanding. 
 
 LXX. 
 
 MARRIAGE  OF  PRIESTS  LEGALIZED,  a.d.  1549. 
 2  &  3  Edward  VI,  cap.  21. 
 
 1549,  Convocation,  in  December,  1547,  had  sanctioned  the  marriage  of 
 
 priests.  The  following  Act  was  passed  at  the  beginning  of  1549; 
 it  was  repealed  by  Mary's  first  repealing  statute  {post,  No.  LXXIII), 
 but,  unlike  most  other  ecclesiastical  enactments  of  the  latter  part  of 
 Henry  VIII's  reign  and  of  the  reign  of  Edward  VI,  it  was  not  re- 
 ■  enacted  by  Elizabeth ;  she,  however,  regulated  clerical  marriage  by 
 
Lxx]     HISTORY  OF  THE  ENGLISH  CHURCH  367 
 
 the  second  of  her  Injunctions  of  1559.    The  provisions  of  Edward  VI's       1549. 
 Act  were  made  perpetual  by  i  James  I,  cap.  25,  sec.  50.     An  Act 
 legitimatizing  priests'  children  was  passed  in  1552  (5  &  6  Edw.  VI, 
 cap.  12), 
 
 [Transcr.  Statutes  of  the  Realm,  iv.  pt.  i.  p.  67.] 
 
 Although  it  were  not  only  better  for  the  estimation  of  Celibacy 
 priests,  and  other  ministers  in  the  Church  of  God,  to  live  L)ettei"/<^'^ 
 
 ^  '  '  the  priest- 
 
 chaste,  sole,  and  separate  from  the  company  of  women  and  hood, 
 
 the  bond  of  marriage,  but  also  thereby  they  might  the  better 
 
 intend  to  the  administration  of  the  gospel,  and  be   less 
 
 intricated  and  troubled  with  the  charge  of  household,  being 
 
 free  and  unburdened  from  the  care  and  cost  of  finding  wife 
 
 and  children,  and  that  it  were  most  to  be  wished  that  they 
 
 would  willingly  and  of  their  selves  endeavour  themselves 
 
 to  a  perpetual  chastity  and  abstinence  from    the   use    of 
 
 women : 
 
 Yet  forasmuch  as  the  contrary  has  rather  been  seen,  and  but  not 
 such  uncleanness  of  living,  and  other  great  inconveniences,  ans^eMn 
 not   meet   to   be   rehearsed,   have   followed  of  compelled  practice, 
 chastity,  and  of  such  laws  as  have  prohibited  those  (such 
 persons)   the  godly  use  of  marriage ;    it  were  better  and 
 rather  to  be  suffered   in    the   commonwealth,   that   those 
 which    could    not    contain,    should,    after   the    counsel    of 
 Scripture,  live  in  holy  marriage,  than  feignedly  abuse  with 
 worse  enormity  outward  chastity  or  single  life : 
 
 Be  it  therefore  enacted  by  our  sovereign  lord  the  king,  All  positive 
 with  the  assent  of  the  Lords  spiritual  and  temporal,  and  the  jj^^^jn'^*^ 
 Commons  in  this  present  Parliament  assembled,  and  by  the  the  mar- 
 authority  of  the  same,   that  all  and  every  law  and   laws  g|fjg.° 
 positive,   canons,  constitutions,  and  ordinances  heretofore  siastics 
 made  by  the  authority  of  man  only,  which  do  prohibit  or  y^j^^^"^^ 
 forbid  marriage  to  any  ecclesiastical  or  spiritual  person  or 
 persons,  of  what  estate,  condition,  or  degree  they  be,  or  by 
 what  name  or  names  soever  they  be  called,  which  by  God's 
 law  may  lawfully  marry,  in  all  and  every  article,  branch,  and 
 
363  DOCUMENTS  ILLUSTRATIVE  OF  THE      [lxx 
 
 1549.  sentence,  concerning  only  the  prohibition  for  the  marriage 
 of  the  persons  aforesaid,  shall  be  utterly  void  and  of  none 
 effect ;  and  that  all  manner  of  forfeitures,  pains,  penalties, 
 crimes,  or  actions  which  were  in  the  said  laws  contained,  and 
 the  same  did  follow,  concerning  the  prohibition  for  the 
 marriage  of  the  persons  aforesaid,  be  clearly  and  utterly 
 void,  frustrate,  and  of  none  effect,  to  all  intents,  construc- 
 tions, and  purposes,  as  well  concerning  marriages  heretofore 
 made  by  any  of  the  ecclesiastical  or  spiritual  persons  afore- 
 said, as  also  such  which  hereafter  shall  be  duly  and  lawfully 
 had,  celebrated,  and  made,  betwixt  the  persons  which  by  the 
 laws  of  God  may  lawfully  marry. 
 No  Provided  alway,  and  be  it  enacted  by  the  authority  afore- 
 
 inarriage     said,  that  this  Act,  or  anythinsj  therein  contained,  shall  not 
 to  be  '  .,  . 
 
 informally  extend  to  give  any  liberty  to  any  person  to  marry  without 
 
 celebrated,  ^gi^ing  in  the  church,  or  without  any  other  ceremony  being 
 appointed  by  the  order  prescribed  and  set  forth  in  the  book 
 entitled,  The  Book  of  Common  Prayer  and  Administration 
 of  the  Sacraments,  anything  above  mentioned  to  the  con- 
 trary in  any  wise  notwithstanding. 
 Divorces,  Provided  also,  and  be  it  enacted  by  the  authority  afore- 
 heretofore  g^j^   ^^i^it  this  Act,  or  anything  therein  contained,  shall  not 
 
 made,  to  '  t  j  a 
 
 stand.  extend  to  alter,  change,  revoke,  repeal,  or  otherwise  to  dis- 
 annul any  decree,  judgment,  sentence,  or  divorce  heretofore 
 had  or  made,  but  that  all  and  every  such  decree,  judgment, 
 sentence,  and  divorce  shall  remain  and  be  of  such  like  force, 
 effect,  strength,  and  degree,  to  all  intents,  constructions, 
 and  purposes,  as  they  were  in  before  the  making  of  this 
 Act,  and  as  though  this  Act  had  never  been  had  nor  made ; 
 this  Act,  or  anything  therein  contained  to  the  contrary,  in 
 any  wise  notwithstanding. 
 
Lxxi]     HISTORY  OF  THE  ENGLISH  CHURCH  369 
 
 LXXI. 
 
 THE  SECOND  EDWARDINE  ACT  OF 
 UNIFORMITY,  a.  d.  1552. 
 
 5  &  6  Edward  VI,  cap.  1. 
 See  introduction,  ante,  No.  LXIX.  1552. 
 
 [Transcr.  Statutes  of  the  Realm,  iv,  pt.  i.  p.  130.] 
 
 Where  there  has  been  a  very  godly  order  set  forth  by  Recital  of 
 the  authority  of  Parhament,  for  common  prayer  and  admin-  of^^he'^^^^^ 
 istration  of  the  sacraments  to  be  used  in  the  mother  tongue  previous 
 within  the  Church  of  England,  agreeable  to  the  word  of  God  fo^mky  "^' 
 and   the  primitive   Church,   very   comfortable  to  all  good  vide  Docu- 
 people  desiring  to  live  in  Christian  conversation,  and  most  lxix 
 profitable  to  the  estate  of  this  realm,  upon  the  which  the 
 mercy,  favour,  and  blessing  of  Almighty  God  is  in  no  wise 
 so  readily  and  plenteously  poured  as  by  common  prayers, 
 due  using  of  the  sacraments,  and  often  preaching  of  [the] 
 gospel,  with  the  devotion  of  the  hearers  : 
 
 And  yet  this  notwithstanding,  a  great  number  of  people  Despite 
 in  divers  parts  of  this  realm,  following  their  own  sensuality,  ^^^^g^^'' 
 and  living  either  without  knowledge  or  due  fear  of  God,  do  persons 
 wilfully  and  damnably  before  Almighty  God  abstain  and  ^^Jm"selves 
 refuse  to  come  to  their  parish  churches  and  other  places  from 
 where  common   prayer,  administration  of  the  sacraments,  ^  """^  * 
 and   preaching   of  the   word  of  God,   is    used   upon   the 
 Sundays,  and  other  days  ordained  to  be  holy  days. 
 
 For  reformation  hereof,  be  it  enacted  by  the  king  our  All  persons 
 sovereign  lord,  with  the  assent  of  the  Lords  and  Commons  ^^l^^^^^  0° 
 in  this  present  Parliament  assembled,  and  by  the  authority  Sundays 
 of  the  same,  that  from  and  after  the  feast  of  All  Saints  next  5ays^°^^ 
 coming,  all  and  every  person  and  persons  inhabiting  within 
 this  realm,  or  any  other  the  king's  majesty's  dominions,  shall 
 
 Bb 
 
370  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxi 
 
 1552.  diligently  and  faithfully  (having  no  lawful  or  reasonable 
 excuse  to  be  absent)  endeavour  themselves  to  resort  to 
 their  parish  church  or  chapel  accustomed,  or  upon  reason- 
 able let  thereof,  to  some  usual  place  where  common  prayer 
 and  such  service  of  God  shall  be  used  in  such  time  of  let, 
 upon  every  Sunday,  and  other  days  ordained  and  used  to 
 be  kept  as  holy  days,  and  then  and  there  to  abide  orderly 
 
 under  pain  ^^^  soberly  durinc;  the  time  of  the  common  prayer,  preach- 
 ofeccle-  JO  L      J         i. 
 
 siastical       ings,  or  Other  service  of  God  there  to  be  used  and  mmistered, 
 censure,      upon  pain  of  punishment  by  the  censures  of  the  Church. 
 Ecclesias-        And  for  the  due  execution  hereof,  the  king's  most  excel- 
 ^'^f^    .,.      lent  majesty,  the  Lords  temporal,   and  all  the  Commons 
 
 authorities  j       j  ^  r         ^ 
 
 charged  in  this  present  [Parliament]  assembled,  do  in  God's  name 
 with  the  earnestly  require  and  charge  all  the  archbishops,  bishops, 
 tion  of  this  and  other  ordinaries,  that  they  shall  endeavour  themselves 
 ^'^^ '  to  the  uttermost  of  their  knowledge,  that  the  due  and  true 
 
 execution  thereof  may  be  had  throughout  their  dioceses  and 
 charges,  as  they  will  answer  before  God  for  such  evils  and 
 plagues  wherewith  Almighty   God  may  justly  punish  His 
 people  for  neglecting  this  good  and  wholesome  law. 
 and,  by  And  for  their  authority  in  this  behalf,  be  it  further  like- 
 
 th^^^  f       ^^^^  enacted  by  the  authority  aforesaid,  that  all  and  singular 
 directed  to  the  same  archbishops,  bishops,  and  all  other  their  officers 
 punish        exercising  ecclesiastical  jurisdiction,  as  well  in  place  exempt 
 offending,    as  not  exempt,  within  their  dioceses,  shall  have  full  power 
 and  authority  by  this  Act  to  reform,  correct,  and  punish  by 
 censures  of  the  Church,  all  and  singular  persons  which  shall 
 offend,  within  any  their  jurisdictions  or  dioceses,  after  the 
 said  feast  of  All  Saints  next  coming,  against  this  Act  and 
 statute ;  any  other  law,  statute,  privilege,  liberty,  or  provision 
 heretofore  made,  had,  or  suffered  to  the  contrary  notwith- 
 standing. 
 hav"e arisen      ^^"^^  because  there  has  arisen  in  the  use  and  exercise  of 
 as  to  the     the  aforesaid  common  service  in  the  church,  heretofore  set 
 church        forth,  divers  doubts  for  the  fashion  and  manner  of  the 
 
Lxxi]      HISTORY  OF  THE   ENGLISH  CHURCH  371 
 
 ministration  of  same,  rather  by  the  curiosity  of  the  minister,       1552. 
 and  mistakers,  than  of  any  other  worthy  cause : 
 
 Therefore,  as  well  for  the  more  plain  and  manifest  explana-  The  Book 
 tion  hereof,  as  for  the  more  perfection  of  the  said  order  of  ' 
 
 '  ^  mon 
 
 common  service,  in  some  places  where  it  is  necessary  to  Prayer  is 
 make  the  same  prayers  and  fashion  of  service  more  earnest  ^  ^'"^  .^'"^ 
 
 ^     ■'  explained, 
 
 and  fit  to  stir  Christian  people  to  the  true  honouring  of  and 
 Almighty  God,  the  king's  most  excellent  majesty,  with  the  ^^^^^^^^^ 
 assent  of  the  Lords  and  Commons  in  this  present  Parliament  plained,  to 
 assembled,  and  by  the  authority  of  the  same,  has  caused  ' 
 
 the  aforesaid  order  of  common  service,  entitled,  The  Book 
 of  Common   Prayer,  to   be  faithfully  and   godly  perused, 
 explained,  and  made  fully  perfect,  and  by  the   aforesaid 
 authority  has    annexed   and  joined    it,    so    explained   and 
 perfected,  to  this  present  statute :  adding  also  a  form  and  a  form  of 
 manner  of  making  and  consecrating  archbishops,  bishops,  tj^^^of^^ 
 priests,  and  deacons,  to  be  of  like  force,  authority,  and  value  ecclesias- 
 as   the    same    like   foresaid  book,   entitled,  The  Book   of*^^^ 
 
 '  '  persons 
 
 Common  Prayer,  was  before,  and  to  be  accepted,  received,  being 
 used,  and  esteemed  in  like  sort  and  manner,  and  with  the  ^  ^  " 
 same  clauses  of  provisions  and  exceptions,  to  all  intents, 
 constructions,  and  purposes,  as  by  the  Act  of  Parliament 
 made  in  the  second  year  of  the  king's  majesty's  reign  was 
 ordained  and  limited,  expressed  and  appointed  for  the 
 uniformity  of  service  and  administration  of  the  sacraments 
 throughout  the  realm,  upon  such  several  pains  as  in  the 
 said  Act  of  Parliament  is  expressed. 
 
 And   the    said   former  Act   to    stand  in  full  force  and  The  for- 
 strength,  to  all  intents  and  constructions,  and  to  be  applied,  ^^nd  in 
 practised,  and  put  in  ure,  to  and  for  the  establishing  of  the  full  force. 
 Book   of  Common   Prayer,   now  explained    and    hereunto 
 annexed,  and  also  the  said  form  of  making  of  archbishops, 
 bishops,  priests,  and  deacons  hereunto  annexed,  as  it  was 
 for  the  former  book. 
 
 And  by  the  authority  aforesaid  it  is  now  further  enacted, 
 
 B  b  2 
 
372 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxi 
 
 1552. 
 
 Penalties 
 for  being 
 present  at 
 any  other 
 form  of 
 service. 
 
 This  Act  to 
 be  read 
 and  ex- 
 plained in 
 church. 
 
 that  if  any  manner  of  person  or  persons  inhabiting  and 
 being  within  this  reahn,  or  any  other  the  king's  majesty's 
 dominions,  shall  after  the  said  feast  of  All  Saints  willingly 
 and  wittingly  hear  and  be  present  at  any  other  manner  or 
 form  of  common  prayer,  of  administration  of  the  sacraments, 
 of  making  of  ministers  in  the  churches,  or  of  any  other  rites 
 contained  in  the  book  annexed  to  this  Act,  than  is  mentioned 
 and  set  forth  in  the  said  book,  or  that  is  contrary  to  the  form 
 of  sundry  provisions  and  exceptions  contained  in  the  fore- 
 said former  statute,  and  shall  be  thereof  convicted  according 
 to  the  laws  of  this  realm,  before  the  justices  of  assize,  justices 
 of  oyer  and  terniiner,  justices  of  peace  in  their  sessions, 
 or  any  of  them,  by  the  verdict  of  twelve  men,  or  by  his  or 
 their  own  confession  or  otherwise,  shall  for  the  first  offence 
 suffer  imprisonment  for  six  months,  without  bail  or  main- 
 prize  ;  and  for  the  second  offence,  being  likewise  convicted 
 as  is  abovesaid,  imprisonment  for  one  whole  year ;  and  for 
 the  third  offence  in  like  manner,  imprisonment  during  his 
 or  their  lives. 
 
 And  for  the  more  knowledge  to  be  given  hereof,  and 
 better  observation  of  this  law,  be  it  enacted  by  the  authority 
 aforesaid,  that  all  and  singular  curates  shall  upon  one 
 Sunday  every  quarter  of  the  year  during  one  whole  year  next 
 following  the  foresaid  feast  of  All  Saints  next  coming,  read 
 this  present  Act  in  the  church  at  the  time  of  the  most 
 assembly,  and  likewise  once  in  every  year  following;  at  the 
 same  time  declaring  unto  the  people,  by  the  authority  of  the 
 Scripture,  how  the  mercy  and  goodness  of  God  has  in  all 
 ages  been  showed  to  His  people  in  their  necessities  and 
 extremities,  by  means  of  hearty  and  faithful  prayers  made 
 to  Almighty  God,  especially  where  people  be  gathered 
 together  with  one  faith  and  mind,  to  offer  up  their  hearts  by 
 prayer,  as  the  best  sacrifices  that  Christian  men  can  yield. 
 
Lxxii]     HISTORY  OF  THE  ENGLISH  CHURCH  373 
 
 LXXII. 
 
 QUEEN  MARY'S  FIRST  PROCLAMATION  ABOUT 
 RELIGION,  A.D.   1553. 
 
 Mary  succeeded  to  the  throne  July  6,  1553.  The  proclamation  1553. 
 which  follows  was  published  August  i8.  A  draft  of  this  proclama- 
 tion exists  at  the  Public  Record  Office  (5.  P.  Dom.  Mary,  i.  No.  7), 
 which  contains  many  verbal  differences  ;  the  two  most  material  are 
 indicated  in  the  foot-notes.  The  queen  was  crowned  October  i,  and 
 Parliament  met  four  days  later. 
 
 [Transcr.  Bonner's  Register,  f.  402.] 
 
 The  queen's  highness  well  remembering  what  great  in-  The  evils 
 
 convenience  and    dangers    have    grown  to  this    her  high-  o' P^^tand 
 
 '^  "  °      present 
 
 ness's  realm  in  times  past  through  the  diversity  of  opinions  religious 
 
 in  questions  of  relierion,  and  hearing  also  that  now  of  late,  "^^^^^^Jy 
 ~i  o        7  o  5  suggest 
 
 since  the  beginning  of  her  most  gracious  reign,  the  same  that : 
 contentions  be  again  much  renewed,  through  certain  false 
 and  untrue  reports  and  rumours  spread  by  some  light  and 
 evil-disposed  persons,  has  thought  good  to  do  to  under- 
 stand to  all  her  highness's  most  loving  and  obedient  sub- 
 jects her  most  gracious  pleasure  in  manner  and  form 
 following. 
 
 First,  her  majesty  being  presently  by  the  only  goodness  of  i.  The 
 
 God  settled  in  her  just  possession   of  the  imperial  crown  ^"^^"  '^• 
 ■>  ^  r  and  would 
 
 of  this  realm,   and  other  dominions   thereunto  belonging,  wish  her 
 
 cannot  now  hide  ^  that  religion,  which  God  and  the  world  subjects 
 
 .     ^       '  to  be,  of 
 
 know  she  has  ever  professed  from    her  infancy  hitherto  ;  the  old 
 
 which  as  her  majesty  is  minded  to  observe  and  maintain  I'^hgion. 
 
 for  herself  by  God's  grace  during  her  time,  so  doth  her 
 
 highness  much  desire,  and  would  be  glad  \  the  same  were 
 
 of  all  her  subjects  quietly  and  charitably  embraced. 
 
 ^  The  draft  runs  :  '  that  which  God  and  the  world  know  how  she 
 and  her  father  of  famous  memory,  her  grandfather  and  all  her  progeni- 
 tors, kings  of  this  realm,  with  all  their  subjects,  have  ever  lived  like 
 
374  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxii 
 
 1553.  And  yet  she  doth   signify  unto  all  her  majesty's  loving 
 
 2.  Re-        subjects,  that  of  her  most  gracious  disposition  and  clemency, 
 c'ompul-      ^^^  highness  minds  not  to  compel  any  her  said  subjects  ^ 
 sion  will     thereunto,   unto  such  time  as    further  order,   by  common 
 at°present,  -^^ssent,    may   be   taken    therein ' ;    forbidding   nevertheless 
 but  strife     all   her   subjects  of  all   degrees,  at   their  perils,  to  move 
 tention"are  Seditions  or  stir  unquietness  in  her  people,  by  interrupting 
 forbidden,   the  laws  of  this  realm  after  their  brains  and  fancies,  but 
 ptlc^and    quietly  to    continue   for   the   time  till  (as   before  is  said) 
 godliness    further   order   may    be   taken ;     and   therefore    wills    and 
 cultivated    straitly  charges   and  commands  all  her  said   good    loving 
 subjects  to  live  together  in  quiet  sort  and  Christian  charity, 
 leaving  those  new-found  devilish  terms  of  papist  or  heretic 
 and  such  like,  and  applying  their  whole  care,  study,  and 
 travail  to  live  in  the  fear  of  God,  exercising  their  conversa- 
 tions in  such  charitable  and  godly  doing,  as  their  lives  may 
 indeed  express  that  great  hunger  and  thirst  of  God's  glory 
 and  holy  word,  which  by  rash  talk  and  words  many  have  pre- 
 tended ;  and  in  so  doing  as  they  shall  best  please  God  and 
 live  without  dangers  of  the  laws,  and  maintain  the  tranquillity 
 of  the  realm,  whereof  her  highness  shall  be  most  glad,  so 
 if  any  man  shall  rashly  presume  to  make  any  assemblies 
 of  people,  or  at  any  public  assemblies  or  otherwise  shall  go 
 about  to  stir  the  people  to  disorder  or  disquiet,  she  minds, 
 according  to  her  duty,  to  see  the  same  most  severely  re- 
 formed and  punished,  according  to  her  highness's  laws. 
 
 Christian  princes,  both  truly  following,  themselves,  and  maintaining 
 their  subjects  in  Christ's  true  religion,  and  ended  their  lives  therein, 
 like  as  her  majesty,  by  God's  grace,  is  minded  to  observe  and  main- 
 tain the  same  for  her  time,  as  all  Christian  princes  ought  to  do  ;  and 
 therefore  vv^ould  be  glad,'  &c. 
 
 ^  The  draft  runs  :  *  to  break  any  laws  of  this  realm,  heretofore 
 made  and  yet  standing  in  force,  concerning  God's  service  in  churches, 
 but  to  permit  all  men  that  will  to  use — by  her  sufferance,  in  quietness, 
 unto  such  time  as  further  order  shall  be  taken  therein— the  service 
 of  God,  agreeable  to  God's  word  and  the  primitive  Church.' 
 
Lxxii]     HISTORY  OF  THE  ENGLISH  CHURCH  375 
 
 And  furthermore,  forasmuch  also  as  it  is  well  known  that      l^^^- 
 
 seditions   and   false   rumours    have    been    nourished   and  ^'     ," 
 
 regular 
 
 maintained  in  this  realm   by  the  subtlety  and  malice  of  preaching 
 some  evil-disposed  persons,  which  take  upon  them,  without  ^."^  "^' 
 sufficient  authority,  to  preach  and  interpret  the  word  of  God  printing, 
 after  their  own  brain  in  churches  and  other  places,   both  '^^•' ?J"5  ^ 
 
 ^  '  prohibited 
 
 public  and  private,  and  also  by  playing  of  interludes,  and  under 
 printing  of  false  fond  books  and  ballads,  rhymes,  and  other  P^"^"y' 
 lewd  treatises  in  the  English  tongue,  concerning  doctrine  in 
 matters  now  in  question  and  controversy  touching  the 
 high  points  and  mysteries  of  Christian  religion,  which  books, 
 ballads,  rhymes,  and  treatises  are  chiefly  by  the  printers  and 
 stationers  set  out  to  sale  to  her  grace's  subjects,  of  an  evil 
 zeal  for  lucre,  and  covetous  of  vile  gain ;  her  highness 
 therefore  straitly  charges  and  commands  all  and  every  of 
 her  said  subjects,  of  whatsoever  state,  condition,  or  degree 
 they  be,  that  none  of  them  presume  from  henceforth  to 
 preach,  or  by  way  of  reading  in  churches  or  other  public 
 or  private  places,  except  in  the  schools  of  the  University,  to 
 interpret  or  teach  any  Scriptures  or  any  manner  points 
 of  doctrine  concerning  religion ;  neither  also  to  print  any 
 book,  matter,  ballad,  rhyme,  interlude,  process,  or  treatise, 
 nor  to  play  any  interlude,  except  they  have  her  grace's 
 special  licence  in  writing  for  the  same,  upon  pain  to  incur 
 her  highness's  indignation  and  displeasure.  And  her  high-  and  no  un- 
 ness  also  further  straitly  charges  and  commands  all  and  every  authorized 
 
 •>  ^  J   punish- 
 
 her  said  subjects,  that  none  of  them  of  their  own  private  ment  of 
 authority  do  presume   to   punish  or   to   rise   against  any  offenders 
 offender  in  the  causes  abovesaid,  or  any  other  offender  in  to  take 
 words  and  deeds  in  the  late  rebellion  committed  or  doneP^*^^' 
 by  the    Duke  of  Northumberland  or  his   accomplices,  or 
 to  seize  any  of  their  goods,  or  violently  to  use  any  such 
 offender  by  striking  or  imprisoning  or  threatening  the  same ; 
 but  wholly  to  reserve  the  punishment  of  all  such  offenders 
 unto  her  highness  and  public  authority,  whereof  her  majesty 
 
376 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxii 
 
 1553. 
 
 yet  infor- 
 mation 
 may  be 
 laid,  and 
 the  law 
 will  if 
 necessary 
 be  put  in 
 execution 
 by  the 
 proper 
 officers. 
 
 minds  to  see  due  punishment  according  to  the  order  of  her 
 highness's  laws.  Nevertheless,  as  her  highness  minds  not 
 hereby  to  restrain  and  discourage  any  of  her  loving  subjects 
 to  give  from  time  to  time  true  information  against  any  such 
 offenders  in  the  causes  abovesaid  unto  her  grace  or  her 
 council,  for  the  punishment  of  every  such  offender,  accord- 
 ing to  the  effect  of  her  highness's  laws  provided  in  that  part ; 
 so  her  said  highness  exhorts  and  straitly  charges  her  said 
 subjects  to  observe  her  commandment  and  pleasure  in 
 every  part  aforesaid,  as  they  will  avoid  her  highness's  said 
 indignation  and  most  grievous  displeasure.  The  severity 
 and  rigour  whereof,  as  her  highness  shall  be  most  sorry  to 
 have  cause  to  put  the  same  in  execution,  so  does  she  utterly 
 determine  not  to  permit  such  unlawful  and  rebellious  doings 
 of  her  subjects,  whereof  may  ensue  the  danger  of  her  royal 
 estate,  to  remain  unpunished;  but  to  see  her  said  laws 
 touching  these  points  to  be  thoroughly  executed,  which 
 extremities  she  trusts  all  her  said  loving  subjects  will 
 foresee,  dread,  and  avoid;  accordingly  her  said  highness 
 straitly  charging  and  commanding  all  mayors,  sheriffs, 
 justices  of  peace,  bailiffs,  constables,  and  all  other  public 
 officers  and  ministers  diligently  to  see  to  the  observing  and 
 executing  of  her  said  commandments  and  pleasure,  and  to 
 apprehend  all  such  as  shall  willingly  offend  in  this  part, 
 committing  the  same  to  the  next  gaol,  there  to  remain 
 without  bail  or  mainprize,  till  upon  certificate  made  to  her 
 highness  or  her  privy  council  of  their  names  and  doings, 
 and  upon  examination  had  of  their  offences,  some  further 
 order  shall  be  taken  for  their  punishment  to  the  example 
 of  others,  according  to  the  effect  and  tenor  of  the  laws 
 aforesaid.  Given  at  our  manor  of  Richmond,  the  i8th 
 day  of  August,  in  the  first  year  of  our  most  prosperous 
 reign.     God  save  the  Queen. 
 
Lxxiii]      HISTORY  OF  THE  ENGLISH  CHURCH  377 
 
 LXXIII. 
 
 MARY'S  FIRST  ACT  OF  REPEAL,  a.d.  1553. 
 1  Mary,  statute  2,  cap.  2. 
 
 Mary's  first  Act  of  repeal  was  passed  in  the  autumn  of  1553.  1553. 
 It  abolished  nine  Acts  concerning  the  Church  passed  in  the  reign 
 of  Edward  VI.  This  Act  restored  the  status  quo  at  the  death  of 
 Henry  VIII  in  1547.  The  status  quo  of  1529  was  restored  by  Mary's 
 second  Act  of  repeal,  passed  after  her  marriage  with  Philip  (see  post, 
 No.  LXXVI). 
 
 [Transcr.  Statutes  of  the  Realm,  iv.  pt.  i.  p.  202.] 
 
 Forasmuch    as    by   divers   and    several    x\cts    hereafter  Recent  in- 
 mentioned,  as  well  the  divine  service  and   good  adminis-  "n°the^°"^ 
 tration  of  the  sacraments,  as  divers  other  matters  of  religion,  service, 
 which    we  and    our  forefathers    found    in   this   Church  of 
 England,  to  us  left  by  the  authority  of  the  Catholic  Church, 
 be  partly  altered  and  in  some  part  taken  from  us,  and  in 
 place  thereof  new  things  imagined  and  set  forth  by  the  said 
 Acts,  such  as  a  few  of  singularity  have  of  themselves  devised.  Diversity 
 
 whereof  has  ensued  amongst  us,  in  very  short  time,  numbers  °^opi"'°"s 
 
 _    _        '  ■'  '  and  sects 
 
 of  diverse  and  strange  opinions  and  diversities  of  sects,  and  have 
 thereby  grown  great  unquietness  and  much  discord,  to  the  ^"^^"* 
 great  disturbance  of  the  commonwealth  of  this  realm,  and 
 in  very  short  time  like  to  grow  to  extreme  peril  and  utter 
 confusion    of  the   same,   unless  some  remedy  be  in    that 
 behalf  provided,  which  thing  all  true,  loving,  and  obedient 
 subjects  ought  and  are  bound  to  foresee  and  provide,  to 
 the  uttermost  of  their  power.     In  consideration  whereof.  Repeal  of 
 be  it  enacted  and  established  by  the  queen's  highness,  the  ^^^^^1^ 
 Lords  spiritual  and  temporal,   and  the  Commons  in  this 
 same  present  Parliament  assembled,  and  by  the  authority 
 of  the  same,  that  an  Act  made  in  the  Parliament  begun  at 
 
378  DOCUMENTS  ILLUSTRATIVE  OF  THE    [lxxiii 
 
 1553.      Westminster  the  fourth  day  of  November  in  the  first  year 
 
 of  the  reign  of  the  late  King  Edward  VI,  and  from  thence 
 
 continued  to  the  twenty-fourth  day  of  December  then  next 
 
 ensuing,  that  is  to  say,   in   the  first  session   of  the  same 
 
 I  Edw.  VI,  Parhament,  entitled.  An  Act  against  such  Persons  as  should 
 
 Document  ii^everently  speak  against  the  Sacrament  of  the  Body  and 
 
 No.  Blood  of  Christ,   commonly  called  the  Sacrament  of  the 
 
 LXVII 
 
 Altar,  and  for  the  receiving  thereof  in  both  kinds  ;  and  also 
 
 one  other  Act  in  the  same  session,  which  is  entitled,  An 
 
 1  Edw.  VI,  Act  for  the  Election  of  Bishops,  and  what  Seals  and  Styles 
 
 they  and  other  spiritual  Persons  exercising  Jurisdiction 
 ecclesiastical  should  use  ;  and  also  one  other  Act  made 
 in  one  other  session  of  the  said  Parliament  holden  upon 
 prorogation  at  Westminster  the  fourth  day  of  November 
 in  the  second  year  of  the  reign  of  the  said  late  King 
 Edward  VI,  and  there  continued  and  kept  to  the  fourteenth 
 day  of  March  in  the  third  year  of  the  said  late  king's  reign, 
 
 2  &  3  Edw.  entitled,  An  Act  for  the  Uniformity  of  Service  and  Administra- 
 videTiocn'  ^^^^  ^^  ^^^  Sacraments  throughout  the  Realm  ;  and  also  one 
 
 ment  No.    Other  Act  made  in  the  session  last  before  [named],  which  is 
 
 LXIX 
 
 entitled,  An  Act  to  take  away  all  positive  Laws  made  against 
 
 2  Sc  ^  Edw 
 
 VI  c.  21     ^^^^  Marriage  of  Priests  ;  and  also  one  other  Act  made  in  one 
 
 vide  Docu-  other  session  of  the  said  Parliament  holden  upon  proroga- 
 
 LXX.         ^^^^  ^^  Westminster  the  fourth   day  of  November  in  the 
 
 third  year  of  the  reign  of  the  said  late  King  Edward  VI,  and 
 
 there  continued  and  kept  to  the  first  day  of  February  in  the 
 
 3&4Edw.  fourth  year  of  his  reign,  entitled,  An  Act  for  the  abolishing 
 
 '   '  '^°*    and  putting  away  of  divers  Books  and  Images  ;  and  also  one 
 
 other  Act  made  in  the  same  session  last  before  mentioned, 
 
 3  &  4  Edw.  entitled,  An  Act  made  for  the  ordering  of  the  ecclesiastical 
 
 VI    C     12 
 
 '  ■  ■  Ministers  ;  and  also  one  other  Act  made  in  one  other  session 
 of  the  said  Parliament  holden  upon  prorogation  at  West- 
 minster the  twenty-third  day  of  January  in  the  fifth  year  of 
 the  reign  of  the  said  late  King  Edward  VI,  and  there  con- 
 tinued and  kept  till  the  fifteenth  day  of  April  in  the  sixth 
 
Lxxiii]     HISTORY  OF  THE  ENGLISH  CHURCH  379 
 
 year  of  the  reign  of  the  said  late  king,  entitled,  An  Act  for      1553. 
 the  Uniformity  of  Common  Prayer  and  the  Administration  of  5  &  6  Edw. 
 
 VI,  c.  I, 
 
 the  Sacraments ;  and  one  other  Act  made  in  the  same  last  vide  Docu- 
 
 session,  entitled,  An  Act  for  the  Keeping  of  Holy  Days  and  ^^^  '^^' 
 
 Fasting  Days;  and  one  other  Act  made  in  the  session  last     o  ^t^j 
 
 ^         ■>     ^  5  &  6  Edw. 
 
 recited,  entitled,  An   Act  made  for  the   Declaration   of  a  VI,  c.  3. 
 Statute   made   for    the   Marriage    of  Priests    and   for   the  5  &  6  Edw 
 Legitimation  of  their  Children  ;  and  every  clause,  sentence,      '  ^'  ^^' 
 branch,  article,  and  articles  mentioned,  expressed,  or  con- 
 tained in  the  said  statutes   and    every  of  them  shall   be 
 from  henceforth  utterly  repealed,  void,  annihilated,  and  of 
 none  effect,    to  all   purposes,   constructions,    and   intents ; 
 any  thing  or   things    contained    or   specified   in    the  said 
 statutes  or  any  of  them  to  the  contrary  in  any  wise  not- 
 withstanding. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid,  that  Divine 
 all  such  divine  service  and  administration  of  sacraments  as  f"^>"vice  to 
 
 be  used 
 
 were  most  commonly  used  in  the  realm  of  England  in  the  last  after  Dec. 
 year  of  the  reign  of  our  late  sovereign  lord  King  Henry  VHI  ^°'/553, 
 
 3.S  in  l3.St 
 
 shall  be,  from  and  after  the  twentieth  day  of  December  in  year  of 
 this  present  year  of  our  Lord  God  1553,  used  and  frequented  ^^^'  ^^^^' 
 throughout  the  whole  realm  of  England  and  all  other  the 
 queen's  majesty's  dominions  ;  and  that  no  other  kind 
 nor  order  of  divine  service  nor  administration  of  sacra- 
 ments be,  after  the  said  twentieth  day  of  December,  used  or 
 ministered  in  any  other  manner,  form,  or  degree  within  the 
 said  realm  of  England,  or  other  the  queen's  dominions, 
 than  was  most  commonly  used,  ministered,  and  frequented 
 in  the  said  last  year  of  the  reign  of  the  said  late  King 
 Henry  VHL 
 
 And  be  it  further  enacted  by  the  authority  aforesaid,  that  Permission 
 no  person  shall  be  impeached  or  molested  in  body  or  goods  reformed 
 for  using   heretofore,  or  until    the    said  twentieth   day  of  or  the  old 
 December,  the  divine  service  mentioned  in  the  said  Acts  p^^^  comes 
 or  any  of  them,  nor  for  the  using  of  the  old  divine  service  into  force. 
 
380  DOCUMENTS  ILLUSTRATIVE  OF  THE    [lxxiii 
 
 1553.  and  administration  of  sacraments,  in  such  manner  and  form 
 as  was  used  in  the  Church  of  England  before  the  making 
 of  any  of  the  said  Acts. 
 
 LXXIV. 
 
 THE  INJUNCTIONS  OF  QUEEN  MARY,  a.d.  1554. 
 
 1554.  These  Injunctions  were  sent  by  the  queen  to  the  bishops,  accom- 
 
 panied by  a  letter  directing  their  enforcement  bearing  date  March  4, 
 1554.  With  regard  to  the  celibacy  of  the  clergy,  Bonner  had  antici- 
 pated the  action  prescribed  in  the  Injunctions,  and  this  may  suggest 
 that  as  the  Archbishop  of  Canterbury  was  in  prison,  Bonner  is  re- 
 sponsible for  the  composition  of  the  document. 
 
 [Transcr.  Bonner's  Register,  f.  342  b.] 
 
 1.  All  I.  That   every   bishop  and   his  officers,  with    all  other 
 canons  not  leaving  ecclesiastical  iurisdiction,  shall  with  all  speed  and 
 
 contrary  to  °  "^  ^ 
 
 statute  law  diligence,  and  all  manner  of  ways  to  them  possible,  put  in 
 
 to  be  execution  all  such  canons  and  ecclesiastical   laws  hereto- 
 
 eniorced. 
 
 fore  in  the  time  of  King   Henry  VIII  used  within   this 
 
 realm  of  England,  and  the  dominions  of  the  same,  not  being 
 
 direct  and  expressly  contrary  to  the  laws  and  statutes  of  this 
 
 realm. 
 
 2.  No  2.  Item,   that    no   bishop,   or   any  his  officer,  or   other 
 
 bishop  to     person   aforesaid,  hereafter   in  any   of  their  ecclesiastical 
 
 style  him-    ^  •' 
 
 self  regia     writings  in  process,  or  other  extra-judicial  acts,  do  use  to  put 
 
 auctoritate   \-^  ^^^  clause  or  sentence  :   ''  Res-ia  aiictoritate  fulcitiis.^ 
 fulcitus. 
 
 No  oath  3"  I^^"^'  ^"^^  ^°  bishop,  or  any  his  officers,  or  other 
 of  supre-  person  aforesaid,  do  hereafter  exact  or  demand  in  the  admis- 
 demanded^  sion  of  any  person  to  any  ecclesiastical  promotion,  order,  or 
 ofeccle-  office,  any  oath  touching  the  primacy  or  succession,  as  of 
 sias  ics.  \■;^XQ^  in  few  years  past,  has  been  accustomed  and  used. 
 ^   No  4-   Item,  that  every  bishop  and  his  officers,  with  all  other 
 
 sacramen-    persons  aforesaid,  have  a  vigilant  eye,  and  use  special  dili- 
 beneficed.   g^nce  and  foresight,  that  no  person  be  admitted  or  received 
 
Lxxiv]    HISTORY  OF  THE  ENGLISH  CHURCH.  381 
 
 to  any  ecclesiastical  function,  benefice,  or  office,  being  a      1554. 
 sacramentary,  infected  or  defamed  with  any  notable  kind  No  undue 
 of  heresy  or  other  great  crime  ;  and  that  the  said  bishop  be  made, 
 do  stay,  and  cause  to  be  stayed,  as  much  as  lieth  in  him, 
 that  benefices  and  ecclesiastical  promotions  do  not  notably 
 decay,   or    take   hindrance,    by   passing    or  confirming   of 
 unreasonable  leases. 
 
 5.  Item,  that  every  bishop,  and  all  other  persons  afore-  5-  Clerical 
 said,  do  diligently  travail  for  the  repressing  of  heresies  and  ^^  ^^ 
 notable  crimes,  especially  in  the  clergy,  duly  correcting  and  enforced, 
 punishing  the  same. 
 
 6.  Item,  that  every  bishop,  and  all  other  persons  afore-  6.  Evil 
 said,  do  likewise  travail  for  the  condemning  and  repressing  j^^       _ 
 of  corrupt  and  naughty  opinions,  unlawful  books,  ballads,  pressed, 
 and  other  pernicious  and  hurtful  devices,  engendering  hatred 
 among  the  people,  and  discord  among  the  same ;  and  that 
 schoolmasters,  preachers,  and  teachers  do  exercise  and  use 
 
 their  offices  and  duties  without  teaching,  preaching,  or  set- 
 ting forth  any  evil  or  corrupt  doctrine  ;  and  that,  doing  the 
 contrary,  they  may  be,  by  the  bishop  and  his  said  officers, 
 punished  and  removed. 
 
 7.  Item,   that  every  bishop,   and   all  the  other  persons  7-  Married 
 aforesaid,  proceeding  summarily,  and  with  all  celerity  and  be^^e-^ 
 speed,  may  and   shall   deprive,   or  declare  deprived,  and  moved 
 amove,  according  to  their  learning  and  discretion,  all  such 
 persons  from  their  benefices  and  ecclesiastical  promotions, 
 
 who,  contrary  to  the  state  of  their  order  and  the  laudable 
 custom  of  the  Church,  have  married  and  used  women  as 
 their  wives,  or  otherwise  notably  and  slanderously  disordered 
 or  abused  themselves  ;  sequestering  also,  during  the  said 
 process,  the  fruits  and  profits  of  the  said  benefices  and  eccle- 
 siastical promotions. 
 
 8.  Item,  that  the  said  bishop,  and  all  other  persons  afore-  8.  Clerical 
 
 said,  do  use  more  lenity  and  clemency  with  such  as  have  widowers, 
 '  •'  ■'  and  such  as 
 
 married,   whose  wives   be  dead,   than  with   others,  whose  separate 
 
382  DOCUMENTS  ILLUSTRATIVE  OF  THE    [lxxiv 
 
 1554.      women  do  yet  remain  in  life  ;   and  likewise  such  priests 
 with  the     g^g   ^yj|-j^  |.|^g  consents  of  their  wives  or  women,  openly  in  the 
 
 wile  s  con- 
 sent, to  be  presence  of  the  bishop,  do  profess  to  abstam,  to  be  used  the 
 
 pardoned  niore  favourably :  in  which  case,  after  penance  effectually 
 penance,  done,  the  bishop,  according  to  his  discretion  and  wisdom, 
 may,  upon  just  consideration,  receive  and  admit  them  again 
 to  their  former  administration,  so  it  be  not  in  the  same 
 place ;  appointing  them  such  a  portion  to  live  upon,  to  be 
 paid  out  of  their  benefice,  whereof  they  be  deprived,  by  dis- 
 cretion of  the  said  bishop,  or  his  officers,  as  they  shall  think 
 may  be  spared  of  the  said  benefice. 
 
 9.  Married  9.  Item,  that  every  bishop,  and  all  persons  aforesaid,  do 
 priests  or  foresee  that  they  suffer  not  any  religious  man,  having 
 persons'  solemnly  professed  chastity,  to  continue  with  his  woman  or 
 to  be  ^jfg  ^  l^^|.  |.j^g|-  ^^  such  persons,  after  deprivation  of  their 
 
 benefice  or  ecclesiastical  promotion,  be  also  divorced  every 
 one  from  his  said  woman,  and  due  punishment  otherwise 
 taken  for  the  offence  therein. 
 
 10.  Neigh-  10.  Item  that  every  bishop,  and  all  other  persons  afore- 
 Dri^"ts^to  ^^^^'  ^^  ^^^^  order  and  direction,  with  the  parishioners  of 
 officiate  in  every  benefice,  where  priests  do  want,  to  repair  to  the  next 
 DarShes      P^^^ish  for  divine  service ;  or  to  appoint  for  a  convenient 
 
 time,  till  other  better  provision  may  be  made,  one  curate 
 
 to  serve  alternis  victims  in  divers  parishes,  and  to  allot  to 
 
 the  said  curate  for  his  labour  some  portion  of  the  benefice 
 
 that  he  so  serves. 
 
 ir.  Re-  II-  Item,  that  all  and  all  manner  of  processions  of  the 
 
 vival  of  Church  be  used,  frequented,  and  continued  after  the  old 
 Latin  pro-         ,  r   1       ^1         ,      •       1       -r      • 
 
 order  of  the  Church,  m  the  Latm  tongue. 
 
 cessions. 
 
 12.  Holy         12.  Item,  that  all  such  holy  days  and  fasting  days  be 
 days  to  be  observed  and  kept,  as  was  observed  and  kept  in  the  latter 
 
 restored.  .  -^-..        .-_  ttttt 
 
 tmie  of  Kmg  Henry  VIII. 
 
 13.  Cere-        13-  Item,  that  the  laudable  and  honest  ceremonies  which 
 monies  to  ^ygj-g  wont   to   be  used,  frequented,  and  observed  in   the 
 
 be  re- 
 
 stored.  Church,  be  also  hereafter  frequented,  used,  and  observed. 
 
Lxxiv]    HISTORY  OF  THE  ENGLISH  CHURCH  383 
 
 14.  Item,  that  children  be  christened  by  the  priest,  and      1554. 
 
 confirmed  by  the  bishops,  as  heretofore  hath  been  accus-  ^4-  Chris- 
 tening and 
 tomed  and  used.  confirma- 
 
 15.  Item,  touching  such  persons  as  were  heretofore  pro- ^'°"- 
 moted  to  any  orders  after  the  new  sort  and  fashion  of  order,  flcJency  in 
 considering  they  were  not  ordered  in  very  deed,  the  bishop  orders 
 
 of  the  diocese   finding  otherwise  sufficiency  and  abiHty  in  supplied 
 those  men,  may  supply  that  thing  which  wanted  in  them 
 before ;  and  then,  according  to  his  discretion,  admit  them 
 to  minister. 
 
 16.  Item,  that,  by  the  bishop  of  the  diocese,  a  uniform  16.  Homi- 
 doctrine  be  set  forth  by  homihes,  or  otherwise,  for  the  good  ^^reach^d 
 instruction  and  teaching  of  all  people ;  and  that  the  said  and  atten- 
 bishop,  and  other  persons  aforesaid,  do  compel  the  parish-  ^^"^^  ^^  ^^ 
 ioners  to  come  to  their  several  churches,  and  there  devoutly  sory. 
 
 to  hear  divine  service,  as  of  reason  they  ought. 
 
 1 7.  Item,  that  they  examine  all  schoolmasters  and  teachers  17-  Sus- 
 of  children,  and  finding  them  suspect  in  any  wise,  to  remove  school- 
 them,  and  place  Catholic  men  in  their  rooms,  with  a  special  masters 
 commandment  to  instruct  their  children,  so  as  they  may  be  removed 
 able  to  answer  the  priest  at  the  Mass,  and  so  help  the  priest  and  chil- 
 to  Mass,  as  has  been  accustomed.  tauVt^the 
 
 18.  Item,  that  the  said  bishop,  and  all  other  the  persons  Mass. 
 
 aforesaid,  have  such  regard,  respect,  and  consideration  of  and  18.  Virtue 
 
 and  godly 
 for  the  settmg  forth  of  the  premises  with  all  kind  of  virtue,  living 
 
 godly  living,  and  good  example,  with  repressing  also  and  ^°  ^^  ^"' 
 
 couraged 
 keeping  under  of  vice  and  unthriftiness,  as  they  and  every  of 
 
 them  may  be  seen  to  favour  the  restitution  of  true  religion  ; 
 
 and  also  to  make  an  honest  account  and  reckoning  of  their 
 
 office  and  cure  to  the  honour  of  God,  our  good  contentation, 
 
 and  the  profit  of  this  realm  and  dominions  of  the  same. 
 
384  DOCUMENTS  ILLUSTRATIVE   OF  THE    [lxxv 
 
 LXXV. 
 
 REVIVAL  OF  THE  HERESY  ACTS,  a.  d.  1554. 
 1  &  2  Philip  and  Mary,  cap.  6. 
 
 1554.  Parliament  met  on   November  12,   1554,  and,  by  the  following 
 
 Act,  revived  the  letters  patent  of  1382  and  the  Acts  of  Henry  IV 
 and  Henry  V  against  heretics,  without  mentioning  their  repeal  by 
 Henry  VIH  and  Edward  VI. 
 
 [Transcr.  Statutes  of  the  Realm,  iv.  pt.  i.  p.  244.] 
 
 Heresy  For  the  eschewing  and  avoiding  of  errors  and  heresies, 
 
 has  lately    ^yhich  of  late  have  risen,  grown,  and  much  increased  within 
 
 increased  *-■ 
 
 for  lack  of  this  reahn,  for  that  the  ordinaries  have  wanted  authority  to 
 
 authority     pj-Qceed  against  those  that  were  infected  therewith  :    be  it 
 
 to  punish      i  o 
 
 it.  therefore  ordained  and  enacted  by  authority  of  this  present 
 
 Revival  of  Parliament,  that  the  statute  made  in  the  fifth  year  of  the 
 St.  2I  cap.'s.  ^^igJ^   of  King   Richard  II,   concerning  the   arresting  and 
 apprehension  of  erroneous  and  heretical  preachers,  and  one 
 other  statute  made  in  the  second  year  of  the  reign  of  King 
 ca   T";     '  Henry  IV,  concerning  the  repressing  of  heresies  and  punish- 
 ment of  heretics,  and  also  one  other  statute  made  in  the 
 2  Hen.  V,    second  year  of  the  reign  of  King  Henry  V,  concerning  the 
 St.  X,  cap.  7.  suppression  of  heresy  and  Lollardy,  and  every  article,  branch, 
 and  sentence  contained   in   the  same  three  several  Acts, 
 and  every  of  them,  shall  from  the  twentieth  day  of  January 
 next  coming  be  revived,  and  be  in  full  force,  strength,  and 
 effect  to  all  intents,  constructions,  and  purposes  for  ever. 
 
Lxxvi]      HISTORY  OF  THE  ENGLISH  CHURCH  q8s 
 
 d^o 
 
 LXXVI. 
 
 MARY'S  SECOND  ACT  OF  REPEAL,  a.d.   1554. 
 1  &  2  Philip  and  Mary,  cap.  8. 
 
 This  Act  was  passed,  apparently,  before  the  close  of  the  year  1554.        1554. 
 It  abolished  eighteen  Acts  of  Henry  VIII  relating  to  the  Church,  and 
 one  of  Edward  VI.     It  restored  the  ecclesiastical  status  quo  of  1529. 
 
 [Transcr.  Statutes  of  the  Realm,  iv.  pt.  i.  p.  246.] 
 
 Whereas  since  the  twentieth  year  of  King  Henry  VIII  Much  false 
 of  famous  memory,   father   unto    your   majesty    our   most  doctrine 
 natural  sovereign  and  gracious  lady  and  queen,  much  false  since  20 
 and  erroneous  doctrine   has  been    taught,    preached,    and  ^^"'  VIII. 
 written,  partly  by   divers  the  natural-born  subjects  of  this 
 realm,  and  partly  being  brought  in  hither  from  sundry  other 
 foreign    countries,     has    been    sown    and    spread    abroad 
 within  the  same : 
 
 By  reason  whereof,  as  well  the  spiritualty  as  the  tempo-  The  realm 
 
 ralty  of  your  highness's  realms  and  dominions  have  swerved  ^'^^ 
 
 swerved 
 from  the  obedience  of  the  See  Apostolic,  and  declined  from  from 
 
 the  unity  of  Christ's  Church,  and  so  have  continued,  until  <^bedience 
 such  time  as  your  majesty  being  first  raised  up  by  God,  and  and  so  con- 
 set  in  the  seat  royal  over  us,  and  then  by  His  Divine  and  tmued  till, 
 
 ^  .  ^  on  the 
 
 gracious  providence  knit  in  marriage  with  the  most  noble  queen's 
 and  virtuous  prince  the  king  our  sovereisfn  lord  your  hus-  niarnage, 
 
 ,1  ,  the  pope 
 
 band,  the  pope's  holiness  and  the  See  Apostolic  sent  hither  sent 
 unto  your  majesties  (as  unto    persons  undefiled,   and  by  Cardinal 
 God's  goodness  preserved  from  the  common  infection  afore-  legate, 
 said)  and  to  the  whole  realm,  the  most  reverend  father  in 
 God,  the  lord  Cardinal  Pole,  legate  de  Latere,  to  call  us  home 
 again  into  the  right  way  from  whence  we  have  all  this  long 
 while  wandered  and  strayed  abroad ; 
 
 c  c 
 
386  DOCUMENTS  ILLUSTRATIVE   OE  THE     [lxxvi 
 
 1554.  And   we,    after   sundry   long  and  grievous  plagues  and 
 
 The  nation  calamities,  seeing  by  the  goodness  of  God  our  own  errors, 
 again  into  ^ave  acknowledged  the  same  unto  the  said  most  reverend 
 the  Roman  father,  and  by  him  have  been  and  are  the  rather  at  the 
 
 Church  on  .      .  -  .       .  •      j  j  u  j 
 
 promise  of  Contemplation  of  your  majesties  received  and  embraced 
 repeal  of     into  the  unity  and  bosom  of  Christ's  Church,  and  upon  our 
 
 Acts 
 
 against        humble  submission    and  promise    made  for  a  declaration 
 papal  su-    of  our  repentance,  to  repeal  and  abrogate  such  Acts  and 
 premacy.    g,.^|.^j.gg  ^g  ]^^^   been  made  in  Parliament  since  the  said 
 twentieth  year  of  the  said   King  Henry  VIII,  against   the 
 supremacy  of  the  See  Apostolic,  as  in  our  submission  ex- 
 hibited to  the  said  most  reverend  father  in  God  by  your 
 majesties  appears  :  the  tenor  whereof  ensues  : 
 Parliament )    We  the  Lords  spiritual  and  temporal,  and  the  Commons, 
 prays  the    assembled  in  this  present  Parliament,  representing  the  whole 
 que^n'to     body  of  the  realm  of  England,  and  the  dominions  of  the 
 express  re-  same,  in  the  name  of  our  selves  particularly,  and  also  of  the 
 to^hT*^^     said  body  universally,  in  this  our  supplication  directed  to 
 papal  yQuj-  majesties,  with  most  humble  suit,  that  it  may  by  your 
 
 legate. 
 
 graces'  intercession  and  mean  be  exhibited  to  the  most 
 reverend  father  in  God,  the  lord  Cardinal  Pole,  legate,  sent 
 specially  hither  from  our  most  holy  father  the  Pope  Julius  III 
 and  the  See  Apostolic  of  Rome,  do  declare  ourselves 
 very  sorry  and  repentant  of  the  schism  and  disobedience 
 committed  in  this  realm  and  dominions  aforesaid  against 
 the  said  See  Apostolic,  either  by  making,  agreeing,  or  exe- 
 cuting any  laws,  ordinances,  or  commandments  against  the 
 supremacy  of  the  said  see,  or  otherwise  doing  or  speaking, 
 that  might  impugn  the  same :  offering  ourselves,  and  pro- 
 mising by  this  our  supplication,  that  for  a  token  and  know- 
 ledge of  our  said  repentance  we  be  and  shall  be  always 
 ready,  under  and  with  the  authorities  of  your  majesties,  to 
 the  uttermost  of  our  powers,  to  do  that  shall  lie  in  us  for 
 the  abrogation  and  repealing  of  the  said  laws  and  ordinances 
 in  this  present  Parliament,  as  well  for  ourselves  as  for  the 
 
Lxxvi]    HISTORY  OF  THE  ENGLISH  CHURCH  387 
 
 whole  body  whom  we  represent :  whereupon  we  most  1554. 
 humbly  desire  your  majesties,  as  personages  undefiled  in 
 the  offence  of  this  body  towards  the  said  see,  which  never- 
 theless God  by  His  providence  has  made  subject  to  you, 
 to  set  forth  this  our  most  humble  suit,  that  we  may  obtain 
 from  the  See  Apostolic,  by  the  said  most  reverend  father,  as 
 well  particularly  and  generally,  absolution,  release,  and  dis- 
 charge from  all  danger  of  such  censures  and  sentences,  as 
 by  the  laws  of  the  Church  we  be  fallen  into ;  and  that  we 
 may  as  children  repentant  be  received  into  the  bosom  and 
 unity  of  Christ's  Church,  so  as  this  noble  realm,  with  all  the 
 members  thereof,  may  in  this  unity  and  perfect  obedience 
 to  the  See  Apostolic  and  popes  for  the  time  being,  serve 
 God  and  your  majesties,  to  the  furtherance  and  advance- 
 ment of  His  honour  and  glory.  We  are  at  the  intercession  Declara- 
 of  your  majesties,  by  the  authority  of  our  holy  father  Pope  ^^^^  ^  ^^ 
 Julius  HI  and  of  the  See  Apostolic,  assoiled,  discharged,  of  the 
 
 and   delivered  from  excommunications,   interdictions,  and  ^?f  "^  '^?^ 
 
 '  '  all  papal 
 
 Other  censures  ecclesiastical,  which  have  hanged  over  our  excom- 
 heads  for  our  said  defaults  since  the  time  of  the  said  schism  "?""^'^^" 
 
 tions. 
 
 mentioned  in  our  supplication  :  it  may  now  like  your  majes-  Prayer  to 
 ties,  that  for  the  accomplishment  of  our  promise  made  in     '\  ^"^ 
 
 '  ^  ^  and  queen 
 
 the  said  supplication,  that  is,  to  repeal  all  laws  and  statutes  to  repeal 
 made  contrary  to  the  said  supremacy  and  See  Apostolic,  ^^^  j.°  °^' 
 during  the  said  schism,  the  which  is  to  be  understood  since  made  since 
 the  twentieth  year  of  the  reign  of  the  said  late  King  Henry  y°itt?"' 
 Vni,  and  so  the  said  lord  legate  does  accept  and  recognize 
 the  same. 
 
 Where   in  the  Parliament  begun  and  holden  at  West-  Portions  of 
 minster  in  the  twenty-first  year  of  the  reign  of  the  late  king  *  ^.   ^' 
 of  most  famous  memory,  King  Henry  VHI,  one  Act  was  then  pluralities; 
 and  there  made  against  pluralities  of  benefices,  for  taking  of 
 farms  by  spiritual  men  and  for  non-residence,  in  the  which 
 Act,  amongst  other  things,  it  was  ordained  and  enacted,  that 
 if  any  person  or  persons,  at  any  time  after  the  first  day  of  April 
 
 C  c  2 
 
388  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxvi 
 
 1554.  in  the  year  of  our  Lord  God  1530,  contrary  to  the  same  Act, 
 should  procure  and  obtain  at  the  Court  of  Rome,  or  elsewhere, 
 any  licence  or  licences,  union,  toleration,  or  dispensation  to 
 receive  and  take  any  more  benefices  with  cure  than  was 
 limited  and  appointed  by  the  same  Act,  or  else  at  any  time 
 after  the  said  day  should  put  in  execution  any  such  licence, 
 toleration,  or  dispensation  before  that  time  obtained  con- 
 trary to  the  said  Act,  that  then  every  such  person  or  persons 
 so  after  the  said  day  suing  for  himself,  or  receiving  and 
 taking  such  benefice  by  force  of  such  licence  or  licences, 
 union,  toleration,  or  dispensation,  that  is  to  say,  the. same 
 person  or  persons  only,  and  no  other,  should  for  every  such 
 default  incur  the  danger,  pain,  and  penalty  of  twenty  pounds 
 sterling,  and  should  also  lose  the  whole  profits  of  every 
 such  benefice  or  benefices,  as  he  receives  or  takes  by 
 force  of  any  such  licence  or  licences,  union,  toleration,  or 
 dispensation :  and  where  also  in  the  said  Act  it  was  or- 
 dained and  enacted,  that  if  any  person  or  persons  did 
 procure  or  obtain  at  the  Court  of  Rome,  or  elsewhere,  any 
 manner  of  licence  or  dispensation  to  be  non-resident  at 
 their  dignities,  prebend,  or  benefices,  contrary  to  the  said 
 Act,  that  then  every  such  person  or  persons  putting  in 
 execution  any  such  dispensation  or  licence  for  himself,  from 
 the  said  first  day  of  April  in  the  said  year  of  our  Lord  God 
 1530,  should  run  and  incur  the  penalty,  damage,  and 
 pain  of  twenty  pounds  sterling  for  every  time  so  doing, 
 to  be  forfeited  and  recovered  as  by  the  said  Act  is  declared, 
 and  yet  such  licence  or  dispensation  so  procured,  or  to  be 
 put  in  execution,  to  be  void  and  of  none  effect,  as  by  the 
 same  Act  more  plainly  it  does  and  may  appear.  Be  it 
 enacted  by  the  authority  of  this  present  Parliament,  that  as 
 much  only  of  the  said  Act  as  concerns  the  articles  and 
 clauses  aforesaid,  and  all  and  every  the  words  and  sentences 
 contained  in  the  said  Act,  concerning  the  said  articles  and 
 clauses,  and  every  of  them,  shall  from  henceforth  be  re- 
 
Lxxvi]      HISTORY  OF  THE  ENGLISH  CHURCH  389 
 
 pealed,   annulled,  revoked,   annihilated,  and  utterly  made      1554. 
 
 void  for  ever ;  anything  in  the  said  Act  to  the  contrary  in 
 
 any  wise  notwithstanding. 
 
 And  where  also  at  the  session  of  the  same  Parliament  against 
 
 holden  upon  prorogation   in  the  twenty-third  year  of  the  '^f ^u°"  °^^ 
 
 reign  of  the  said  late  King  Henry  VIII,  one  Act  entitled,  diocese 
 
 The  Act  that  no  person  shall  be  cited  out  of  the  diocese  where  j  '^^^'' 
 ^  dence ; 
 
 he  or  she  dwelleth,  except  in  certain  cases ; 
 
 And  where  also  at  the  said  Parliament,  in  the  session  against 
 holden  at  Westminster  upon  prorogation  in  the  twenty-fourth  ^PP^^'^  *.<^, 
 
 °  •'  Rome,  viae 
 
 year  of  the  reign  of  the  said  late  King  Henry  VIII,  one  Act  Document 
 was  made,  that  appeals  in  such  cases  as  have  been  used  to  ^°'  ^ ' 
 be  pursued  to  the  see  of  Rome  should  not  from  henceforth 
 be  had  nor  used,  but  within  this  realm  ; 
 
 And  where  also  at  the  said  Parliament  holden  at  West-  the  con- 
 minster  in  the  twenty-first  ^  year  of  the  reign  of  the  said  late  stra^nf  o7 
 King  Henry  VIII,  and  there  continued  by  divers  proroga-  annates, 
 tions  until  the  fourteenth  day  of  April  in  the  twenty-seventh  ^^^^^^' 
 year  of  his  reign,  one  Act  was  made  concerning  restraints  of  XLIX  ; 
 payments  of  annates  and  first-fruits  of  archbishoprics  and 
 bishoprics  to  the  see  of  Rome  ; 
 
 And  where  at  a  session  of  the  said  Parliament  holden  \n  the  sub- 
 the  five-and-twentieth  year  of  the  reign  of  the  said  late  king,  ™e^c°JJ.  °^ 
 there  was  also  one  Act  made^  entitled.  The  submission  oivide'Docu- 
 the  clergy  to  the  king's  majesty  ;  l"f  ^*'  ^°* 
 
 And  one  other  Act,  entitled,  one  Act  restraining  the  said  theabso- 
 payments  of  annates  or  first-fruits  to  the  Bishop  of  Rome,  ^';'*^^/^" 
 
 ■'  ^  '  straint  oi 
 
 and  of  the  electing  and  consecrating  of  archbishops  and  annates 
 bishops  within  this  realm;  andconse- 
 
 '■  '  cration  of 
 
 And  one  other  Act  was  then  and  there  made,  entitled,  An  prelates, 
 Act  concerning  the  exoneration  of  the  king's  subjects  from  ^^^^^q' 
 exactions  and  impositions  before  that  time  paid  to  the  see  of  LII ; 
 Rome,  and  for  having  licences  and  dispensations  within  this  operation 
 realm,  without  suing  further  for  the  same.  from  pay- 
 
 ments to 
 ^^^-  Rome  and 
 
390  DOCUMENTS  ILLUSTRATIVE   OF  THE    [lxxvi 
 
 1554.  Be  it  enacted  by  the  authority  of  this  present  Parliament, 
 
 as  to  grant-  that  the  Said  several  Acts  made  for  the  restraint  of  payments 
 safions^"^"'  of  the  said  annates  and  first-fruits,  and  all  other  the  said 
 vide  Docu-  ^^ts  made  in  the  said  twenty-fourth  and  twenty-fifth  years 
 LlTl.  °  of  the  reign  of  the  said  late  king,  and  every  of  them,  and  all 
 A  repeal  and  every  branch,  article,  matter,  and  sentence  in  them  and 
 of  those      g^gj^  ^f  \.\\Qm  contained,  shall  be  by  authority  of  this  present 
 
 Parliament  from  henceforth  utterly  void,  made  frustrate,  and 
 
 repealed  to  all  intents,  constructions,  and  purposes. 
 The  And    be    it    further   enacted   by   the   authority    of   this 
 
 following  pj-gggnt  Parliament,  that  all  and  every  these  Acts  following, 
 repealed :    that  is  to  say,  one  Act  made  at  the  session   of  the   said 
 
 Parliament  holden  upon  prorogation  at  Westminster  in  the 
 The  king's  twenty  sixth  year  of  the  reign  of  the  said  late  King 
 supre-  Henry  VIII,  entitled,  An  Act  concerning  the  king's  high- 
 Document  ness  to  be  supreme  head  of  the  Church  of  England,  and  to 
 No.  LV  ;     j^^yg  authority  to  reform  and  redress  all  errors,  heresies,  and 
 
 abuses  in  the  same  ; 
 
 Suffragans,      And  One  other  Act  made  in  the  same  session  of  the  same 
 
 vide  Docu-  Parliament,  entitled,  An  Act  for  nomination  and  consecra- 
 ment  No.       .  ^       ^^  .  ,  .       ,  .  , 
 
 LiX;  tion  of  suffragans  withm  this  realm  ; 
 
 committee       And   one   other  Act   made  in  the  twenty-seventh  year 
 
 for  making  ^f  ^^^  ^-^  ^f  ^.j^g  s^j^j  j^te  King  Henry  VIII,  entitled,  An 
 ecclesias-  ^  ... 
 
 tical  laws  ;  Act  whereby  the  king  should  have  power  to  nommate  thirty- 
 two  persons  of  his   clergy  and  lay  fee  for  the  making  of 
 ecclesiastical  laws, 
 extinguish-      And  also  one  other  Act  made  at  the  Parliament  holden 
 ing  the        ^^  Westminster  in  the  eight-and-twentieth  year  of  the  reign 
 
 pope  s 
 
 authority;   of  the  said  late  King  Henry  VIII,  entitled.  An  Act  extin- 
 guishing the  authority  of  the  Bishop  of  Rome ; 
 release  of       And  also  one  other  Act  made  in  the  same  Parliament,  en- 
 obtafnTd  °  titled.  An  Act  for  the  release  of  such  as  then  had  obtained 
 licences      pretended  licences  and  dispensations  from  the  see  of  Rome; 
 
 Rome  •  ^"^  ^^^°  ^^^  ^^^^  P^^^  °^  ^^^  ^^^  mdide  in  the  said  eight- 
 
 and-twentieth  year  of  the  said  king,  entitled.  An  Act  for  the 
 
Lxxvi]      HISTORY  OF  THE  ENGLISH  CHURCH  391 
 
 establishment  of  the  succession  of  the  imperial  crown  of  the      1554. 
 reahn,   that  concerns    a    prohibition   to   marry  within    the  part  of  Act 
 degrees  expressed  in  the  said  Act ;  sion- 
 
 And  also  one  other  Act  made  at  the  Parliament  holden  an  Act  for 
 at  Westminster  in  the  one-and-thirtieth  year  of  the  reign  "^a|^i"fe 
 
 •^  °     bishops 
 
 of  the  said  late  King  Henry  VIII,  entitled,  An  Act  author-  by  letters 
 izing  the  king's   highness  to   make   bishops   by  his  letters  Patent ; 
 patent ; 
 
 And  one  other  Act  made  in  the  session  of  the  same  an  Act 
 Parliament,    bei^un    in    the    said    one-and-thirtieth    year,  ^°^^^^^"- 
 
 ,  ^  ing  pre- 
 
 holden  upon  prorogation  the  two-and-thirtieth  year  of  the  contracts 
 reign  of  the  said  King  Henry  VIII,  entitled,  An  Act  con-  °f^^^; 
 cerning  pre-contracts  of  marriages,  and  touching  degrees  of 
 consanguinity ; 
 
 And  one  other  Act  made  in  the  Parliament  holden  at  and  an 
 Westminster  in  the  thirty-fifth  year  of  the  reign  of  the  said  ratifying- 
 late  King  Henry  VIII,  entitled.  An  Act  for  the  ratification  the  king's 
 of  the  king's  majesty's  style ;  shall  henceforth  be  repealed,  ^  ^  ^' 
 made  frustrate,  void,  and  of  none  effect. 
 
 And  where  also  at  the  said  Parliament  holderi  at  West-  Repeal  of 
 minster  in  the  five-and-thirtieth  year  of  the  reign  of  the  said  ^'^^  *^^ 
 
 03.tflS 
 
 late  King  Henry  VIII,  one  other  Act  was  made,  entitled,  against 
 An  Act  concernin2[  the  establishment  of  the  succession  of  the  P^P^^ 
 
 .  .  supre- 
 
 said  king  in  the  imperial  crown  of  this  realm  ;  in  the  which  macy. 
 Act  there  is  a  form  of  a  corporal  oath  devised  and  set  forth, 
 that  every  subject  of  this  realm  should  be  bound  to  take, 
 against  the  power,  authority,  and  jurisdiction  of  the  see  of 
 Rome :  be  it  enacted  by  the  authority  of  this  present  Par- 
 liament, that  so  much  of  the  said  Act  as  touches  the  said 
 oath  against  the  supremacy,  and  all  oaths  thereupon  had, 
 made,  and  given,  shall  be  from  henceforth  utterly  void, 
 repealed,  and  of  none  effect. 
 
 And  w^here  also  bne  other  Act  was  made  in  the  seven-and-  Repeal  of 
 thirtieth  year  of  the  reign  of  the  said  late  King  Henry  VIII,  ^^^    . 
 entitled,  An  Act  that  doctors  of  the  civil  law,  being  married,  married 
 
392  DOCUMENTS  ILLUSTRATIVE   OF  THE    [lxxvi 
 
 1554.      might  exercise  ecclesiastical  jurisdiction  :  be  it  enacted  by 
 doctors  of   |-i^g   authority    of  this    present    Parliament,   that    the    said 
 
 civil  law  to  .,,111  ^  \ 
 
 exercise  Act  last  before  mentioned,  and  all  and  every  branch, 
 ecclesias-  article,  sentence,  and  matter  contained  in  the  same,  shall 
 diction.       ^om  henceforth  be  repealed  and  utterly  made  void  and  of 
 
 none  effect. 
 Repeal  of       And  wiiere  one  other  Act  was  made  at  the  first  session  of 
 such  parts  ^j^^  Parliament  holden  at  Westminster  in  the  first  year  of  the 
 
 01  the  ^ 
 
 statute  of  reign  of  King  Edward  VI,  entitled.  An  Act  for  the  repeal 
 Edw.  VI     Qip  certain  statutes  concerning  treasons,  felonies,   &c.  :   in 
 
 asderogate  °  . 
 
 from  the     the  which  Act,   amongst  other  things,  there  is  contamed 
 
 papal  su-  certain  provisions,  pains,  penalties,  and  forfeitures,  for  and 
 premacy.  ^  ^  l  ^  c 
 
 against  such  as  should  by  open  preachings,  express  words, 
 sayings,  writing,  printing,  overt  deed  or  act,  affirm  or  set 
 forth  that  the  king  of  this  realm  for  the  time  being  is  not 
 or  ought  not  to  be  the  supreme  head  in  earth  of  the 
 Churches  of  England  and  Ireland,  nor  of  any  of  them,  or 
 that  the  Bishop  of  Rome,  or  any  other  person  or  persons 
 other  than  the  King  of  England  for  the  time  being,  is  or 
 ought  to  be  supreme  head  of  the  same  Churches,  or  any  of 
 them,  as  in  the  same  Act  last  before  rehearsed  more  at  large 
 is  contained  and  may  appear :  be  it  enacted  by  the  authority 
 of  this  present  Parliament,  that  these  clauses  before  re- 
 hearsed, and  other  of  the  said  Act  concerning  the  supre- 
 macy, and  all  and  every  branch,  article,  words,  and  sentence 
 in  the  same,  sounding  or  tending  to  the  derogation  of  the 
 supremacy  of  the  pope's  holiness  or  the  see  of  Rome, 
 and  all  pains,  penalties,  and  forfeitures  made  against  them 
 that  should  by  any  means  set  forth  and  extol  the  said 
 supremacy,  shall  be  from  henceforth  utterly  void  and  of 
 none  effect. 
 A  general  And  be  it  further  enacted  by  the  authority  aforesaid, 
 an^st^atutes  ^^^^  ^^^  clauscs.  Sentences,  and  articles  of  every  other  statute 
 made  or  Act  of  Parliament,  made  since  the  said  twentieth  year 
 
 papaT'        ^^  ^^^  xQ\gn  of  King    Henry  VIII,   against  the  supreme 
 
Lxxvi]      HISTORY  OF  THE  ENGLISH  CHURCH  393 
 
 authority  of  the  pope's  holiness  ot  See  Apostohc.  of  Rome,      1554. 
 or  containing  any  other  matter  of  the  same  effect  only,  that  supre- 
 is  repealed  in  any  of  the  statutes  aforesaid,  shall  be  also  by 
 authority  hereof  from  henceforth  utterly  void,  frustrate,  and 
 of  none  effect. 
 
 And  where  we  your  most  humble  subjects,  the  Lords  Supplica- 
 spiritual  and  temporal,  and  Commons,  in  this  present  Par-  Parliament 
 liament  assembled,  have  exhibited  to  your  majesties  one  that  the 
 other  supplication  in  form  following  :  We  the  Lords  spiritual  articles"^ 
 and  temporal,   and   the  Commons,  in  this  present  Parlia-  may  be 
 ment  assembled,  representing  the  whole  body  of  this  realm, 
 reduced  and  received  by  your  majesties'  intercession  to  the 
 unity  of  Christ's  Church,   and  the  obedience  of  the  See 
 Apostolic  of  Rome,  and  the  pope's  holiness  governing  the 
 same,  make  most  humble  suit  unto  your  majesties  to  be 
 likewise  means  and  intercessors,  that  all  occasions  of  conten- 
 tion, hatred,  grudge,  suspicion,  and  trouble,  both  outwardly 
 and    inwardly    in    men's    consciences,    which    might   arise 
 amongst  us  by  reason  of  disobedience,  may  by  authority  of 
 the  pope's  holiness,  and  by  ministration  of  the  same  unto 
 us  by  the  most  reverend  father  in  God  the  lord  Cardinal 
 Pole,  by  dispensation,  toleration,  or  permission  respectively, 
 as  the  case  shall  require,   be  abolished  and  taken  away, 
 and    by  authority   sufficient   these    articles    following,   and 
 generally  all  others,  when  occasion  shall  so  require,   may 
 be  provided  for  and  confirmed  : 
 
 First,   that  all  bishoprics,  cathedral  churches,  hospitals,  that  eccle- 
 colleges,   schools,   and  other   such    foundations    now  con-  founda- 
 tinuing,    made   by   authority    of   Parliament,   or  otherwise  tions  made 
 
 since  '  the 
 
 established  according  to  the  order  of  the  laws  of  this  realm,  schism ' 
 since  this  schism,  may  be  confirmed    and    continued   for  may  stand; 
 ever. 
 
 Item,  that  marriages  made  infra  gradiis  prohibitos  con-  that  ^ 
 
 ...  .„     .       .  .      .  ....  ,  .   1    marriages 
 
 sangiiimtatts,    ajffi?titafis,   cognationis   sptritualis,    or    which  made 
 
 might  be  made  void  propter  impeditnentum  pul?Hcce  hones-  withm  the 
 
394  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxxvi 
 
 1554.  tatis,  justitice^  or   for  any  other   cause  prohibited  by  the 
 
 prohibited  canons  Only,  may  be  confirmed,  and  children  born  of  those 
 
 L^c^'^may  n^^rriages  declared  legitimate,  so  as  those  marriages  were 
 
 be  con-  made  according  to  the  laws  of  the  realm  for  the  time  being, 
 
 ^"^^   '  and  be  not  directly  against  the  laws  of  God,  nor  in  such  case 
 
 as  the  See  Apostolic  has  not  used  to  dispense  withal. 
 
 also  insti-  That    institutions    of  benefices,    and    other    promotions 
 
 tutions  to    ecclesiastical,  and  dispensations  made  according  to  the  form 
 benences,  . 
 
 of  the  Act  of  Parliament,  may  be  likewise  confirmed. 
 
 and  That  all  judicial  processes  made  before  any  ordinaries 
 
 processes    ^^  ^^^^  realm,  or  before  any  delegates  upon  any  appeals, 
 
 made  upon  according  to  the  order  of  the  laws  of  the  realm,  may  be 
 
 appea  s.      likewise  ratified  and  confirmed. 
 
 Grantees         And  finally,  where  certain  Acts  and  statutes  have  been 
 
 o  eccle-      iiiade  in  the  time  of  the  late  schism,  concerning  the  lands 
 siastical  _  _   '  °      _ 
 
 property,    and  hereditaments    of  archbishoprics  and  bishoprics,  the 
 or  their       suppression  and  dissolution  of  monasteries,  abbeys,  priories, 
 
 successors         ^^  •>  J    t  r  ^ 
 
 in  title,       chantries,  colleges,  and  all  other  the  goods  and  chattels  of 
 confirmed    j-gijoious  houses  I  since  the  which  time  the  right  and  dominion 
 
 in  their  °  ^  * 
 
 estates.  of  certain  lands  and  hereditaments,  goods,  and  chattels, 
 belonging  to  the  same,  be  dispersed  abroad,  and  come  to 
 the  hands  and  possessions  of  divers  and  sundry  persons,  who 
 by  gift,  purchase,  exchange,  and  other  means,  according  to 
 the  order  of  the  laws  and  statutes  of  this  realm  for  the  time 
 being,  have  the  same  :  for  the  avoiding  all  scruples  that 
 might  grow  by  any  the  occasions  aforesaid,  or  by  any  other 
 ways  or  means  whatsoever,  it  may  please  your  majesties  to 
 be  intercessors  and  mediators  to  the  said  most  reverend 
 father  Cardinal  Pole,  that  all  such  causes  and  quarrels,  as 
 by  pretence  of  the  said  schism,  or  by  any  other  occasion  or 
 mean  whatsoever,  might  be  moved  by  the  pope's  holiness 
 or  See  Apostolic,  or  by  any  other  jurisdiction  ecclesiastical, 
 may  be  utterly  removed  and  taken  away  ;  so  as  all  persons 
 having  sufficient  conveyance  of  the  said  lands  and  heredita- 
 ments, goods,  and  chattels  as  is  aforesaid,  by  the  common 
 
Lxxvi]     HISTORY  OF  THE  ENGLISH  CHURCH  395 
 
 laws,  Acts,  or  statutes  of  this  realm,  may,  without  scruple  of      1554. 
 
 conscience,  enjoy  them  without  impeachment  or  trouble  by 
 
 pretence  of  any  general  Council,  canons,  or  ecclesiastical 
 
 laws,   and  clear  from  all  dangers  of  the  censures  of  the 
 
 Church. 
 
 And  conformably  hereunto,  the  bishops  and  clergy  of  the  Prayer  of 
 
 province  of  Canterbury  have  presented   to  your  majesties  ^!^^  ^i^^'gy 
 .  ,  ,  thereupon. 
 
 a  supplication  in  this  tenor  that  follows : 
 
 [Translation.^ 
 
 We  the  bishops  and  clergy  of  the  province  of  Canterbury,  Though 
 assembled  in  this  synod  in  our  accustomed  manner  whilst  ^  !:^"^,  \? 
 
 ■'  deiend  the 
 
 the  Parliament  of  the  kingdom  is  being  held,  with  all  due  Church 
 humility  and  reverence,  show  to  your  majesties  that  although  ^ 
 
 ,  recover 
 
 we,  by  the  appointment  of  sacred  canons,  have  been  appointed  her  lost 
 defenders  and  keepers  of  the  churches  to  which,  as  bishops,  Po^^^^S' 
 
 ^  '  r  J  sions, 
 
 deans,  archdeacons,  rectors,  and  vicars,  we  have  been  pre-  yet,  after 
 ferred,  and  of  the  souls  which  are  subiect  to  us  and  to  our  ?.^^  ^^' 
 
 ■'  hberation, 
 
 care,  and  of  the  goods,  jurisdictions,  and  rights  of  the  same,  recogniz- 
 and  moreover  ought  to  strive,  by  every  endeavour  and  with  \"l-^^f.- 
 all  our  strength,  to  recover  and  recall  to  the  ancient  right  of  of  the  case, 
 the  churches  the  goods,  jurisdictions,  and  rights  of  the  same, 
 perished  and  lost  in  the  late  pernicious  schism  of  this  king- 
 dom :  Yet,  nevertheless,  mature  consideration  and  delibera- 
 tion being  first  had  by  us  upon  this  matter,  we  freely  confess 
 ourselves  to  know  well  how  difficult  and  almost  impossible 
 would  be  the  recovery  of  ecclesiastical  possessions,  on  account 
 of  the  many  and  almost  inextricable  contracts  and  disposals 
 made  thereof,  and  that  should  it  be  attempted,  the  peace  and 
 tranquillity  of  the  realm  would  be  easily  disturbed,  and  the 
 unity  of  the  Catholic  Church — which  now,  by  the  piety  and 
 authority  of  your  majesties,  is  in  this  kingdom  introduced — ■ 
 would,  with  the  greatest  difficulty,  be  able  to  obtain  its  due 
 progress  and  end ; 
 
39^ 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxvi 
 
 1554. 
 
 preferring 
 the  public 
 peace  to 
 their  own 
 benefit, 
 they 
 beseech 
 the  Crown 
 to  urge 
 Cardinal 
 Pole 
 
 not  to  be 
 too  exact- 
 ing in  the 
 premises, 
 
 and  that 
 ecclesias- 
 tical juris- 
 diction 
 may  be 
 restored  to 
 the  clergy. 
 
 and  all 
 laws  to  the 
 contrary 
 abrogated. 
 
 AVe  therefore,  preferring  the  pubHc  good  and  peace  to 
 private  advantage,  and  the  health  of  so  many  souls  redeemed 
 by  the  precious  Blood  of  Christ  to  earthly  benefits,  and  seek- 
 ing not  those  things  which  are  ours  but  which  are  Jesus 
 Christ's,  earnestly  beseech  your  majesties  and  humbly  sup- 
 plicate them  that  they  would  deign,  in  our  name,  to  suggest 
 these  things  to  the  most  reverend  father  in  Christ,  the  lord 
 Reginald,  Cardinal  Pole,  legate  de  Latere  of  our  most  revered 
 lord,  the  lord  Julius  III,  the  pope,  and  of  the  Apostolic 
 See,  to  them  and  to  this  whole  kingdom  of  England,  and 
 to  intercede  with  him  that  in  enlarging  or  releasing  these 
 ecclesiastical  goods,  in  part  or  in  whole,  to  the  detainers  of 
 the  same  goods,  at  his  discretion,  according  to  the  powers 
 granted  to  him  by  the  same  our  most  holy  lord  the  pope, 
 he  would  be  willing  to  place  first  and  to  prefer  public  good 
 to  private,  peace  and  tranquillity  to  dissensions  and  dis- 
 turbances, and  the  health  of  souls  to  earthly  benefits ;  for 
 we  promise  our  consent  in  all  things  which,  concerning  these 
 goods,  shall  be  established  and  ordained  by  the  same  legate 
 from  now,  from  then,  and  on  the  contrary ;  and  moreover 
 that  your  majesties,  in  our  name,  will  deign  to  urge  and 
 ask  him  not  to  show  himself  exacting  or  covetous  in  the 
 premises. 
 
 Moreover,  we  beseech  your  majesties  that,  of  your  piety, 
 you  would  deign  to  effect  that  those  things  which  pertain 
 to  our  jurisdiction  and  ecclesiastical  liberty,  without  which 
 we  are  not  able  to  exercise  the  right  of  our  pastoral  office 
 and  the  cure  of  souls  to  us  committed,  may  be  restored  to 
 us,  the  hurt  of  former  times  being  removed,  and  that  those 
 things  may  endure  safe  and  unimpaired  to  us  and  to  the 
 Church  for  ever,  and  that  all  laws  which  take  away  or  in  any 
 wise  impede  this  our  ecclesiastical  liberty  and  jurisdiction 
 may  be  repealed,  to  the  honour  of  God  and  of  your  majesties, 
 and  for  the  spiritual  and  temporal  commodity  and  health  of 
 all  this  kingdom. 
 
Lxxvi]    HISTORY  OF  THE  ENGLISH  CHURCH  397 
 
 We  also,  having  the  certain  hope  that  your  majesties,  of  1554. 
 your  singular  piety  towards  God  Himself,  and  for  the  many 
 and  extraordinary  benefits  received  from  the  goodness  of 
 the  same  God,  will  never  fail  us,  but,  as  need  shall  be,  will 
 consult  and  provide  for  the  necessities  and  troubles  of  the 
 churches  of  this  their  kingdom,  which  have,  above  all  else, 
 the  care  of  souls. 
 
 \_Transcript.^ 
 
 Forasmuch  as  the  said  most   reverend  father  the  lord  "^he  said 
 legate,  at  the  intercession  of  your  majesties,  has  by  the  the  inter- 
 authority  of  the  See  Apostolic  sufficiently  dispensed  in  the  cession  of 
 matters  specified  in  the  said  several  supplications,  as  in  his  a^d  queen, 
 said  letters  of  dispensation  is  contained  more  at  large  :  the  has  given 
 
 ,  c  dispensa- 
 
 tenor  whereof  ensues  :  tion  as 
 
 requested 
 \^Translatwn.~\  above. 
 
 Reginald,  by  divine  commiseration  deacon  of  the  holy  His  letter 
 Roman  Church  of  St.  Mary  in  Cosmedin,  called  Cardinal  satiorf  •^"' 
 Pole,  legate  de  Latere  of  our  most  holy  lord  the  pope  and  after 
 of  the  Apostohc  See,  to  the  most  serene  Philip  and  Mary,  ^t^^^"?  ^is 
 
 •^  '  IT  /  7  commis- 
 
 sovereigns  of  England,  defenders  of  the  faith,  and  to  the  sion, 
 whole   kingdom    of   England — to   the    same   most   serene 
 sovereigns  Philip  and  Mary,  eternal  greeting  in  the  Lord. 
 
 Whereas  the  supreme  council  of  this  kingdom,  called 
 the  Parliament,  have  set  forth  to  your  majesties,  by  their 
 humble  petitions,  that  by  the  most  pernicious  schism  lately 
 existing  in  this  realm,  which  is  now,  by  the  mercy  of  God 
 and  the  piety  of  your  majesties,  extinguished,  some  bishop- 
 
 JIG  r^citps 
 
 rics  were  by  the  authority  of  the  same  Parliament  divided,  ^j^^    ^^j. 
 and  from  these  some  inferior  churches  erected  into  cathe-  tion  of 
 drals,  and  schools  and  hospitals  were  founded;   and  ^Iso  ^^ ^^ ^j^j^^ 
 many  dispositions  and  provisions  of  benefices  were  made,  done 
 and  many  persons,  who  were  induced  to  believe  that  dis-  j^te  "^ 
 pensations  of  canon  law  had  not  any  longer  authority  in  schism, 
 
398  DOCUMENTS  ILLUSTRATIVE  OF  THE    [lxxvi 
 
 1554.  this  realm,  have  contracted,  between  themselves,  marriages, 
 per  ve?'da  de  prcesenti^  within  the  degrees  of  consanguinity 
 or  affinity  of  right  prohibited,  and  other  canonical  impedi- 
 ments hindering  them,  and  many  other  judicial  acts  and 
 processes,  as  well  of  first  as  of  last  instance,  were  had  and 
 pronounced  upon  spiritual  and  ecclesiastical  matters,  before 
 judges,  as  well  ordinaries  as  delegates,  who  proceeded 
 upon  lay  authority,  and  ecclesiastical  goods  were  seized  and 
 occupied  by  divers  persons  of  the  same  realm  :  which  same 
 things,  although  by  the  authority  of  the  sacred  canons  they 
 could  be  declared  of  no  effect,  yet,  if  they  were  recalled  to 
 another  state  than  that  in  which  they  now  are,  the  public 
 peace  and  quietude  of  the  whole  realm  would  be  disturbed, 
 and  the  greatest  confusion  would  arise,  especially  if  the 
 possessors  of  the  said  goods  were  molested  :  and  therefore 
 they  [the  Parliament]  have  humbly  besought  your  majesties 
 that  you  would  deign  to  intercede  with  us,  that,  of  apostolic 
 beneficence,  we  would  be  willing  to  provide  for  the  con- 
 firming and  establishing  of  the  matters  premised,  and  also 
 for  the  peace  and  quietness  of  this  realm  : 
 and  also  And  whereas  the  bishops  too,  and  the  rest  of  the  clergy 
 
 ti  ^  ^?t'h  ^^  ^^^  diocese  of  Canterbury,  representing  almost  the  whole 
 Convoca-  body  of  cGclesiastics  of  the  realm,  whom  this  matter  of  eccle- 
 C°nt°  -  siastical  goods  chiefly  affects,  have  set  forth  that  these  goods 
 bury.  cannot  be  recalled  to  the  right  of  the  churches  save  by 
 
 disturbing  the  universal  peace  and  quietness  of  this  realm, 
 and  by  placing  in  the  utmost  peril  the  cause  of  the  faith  and 
 of  the  unity  of  the  Church,  now,  with  the  full  consent  of  all, 
 introduced  into  this  kingdom  :  and  therefore  they  them- 
 selves have  likewise  made  supplication  [to  your  majesties] 
 that  you  would  be  willing  to  intercede  with  us  that,  in  the 
 matter  of  these  ecclesiastical  goods,  we  should  not  be  stub- 
 born and  unyielding  as  to  releasing  them  to  their  possessors  : 
 and  that  your  majesties,  to  whom  in  particular  it  belongs 
 to  provide  that  the  realm  committed  to  your  power,  direction, 
 
Lxxvi]     HISTORY  OF  THE  ENGLISH  CHURCH  399 
 
 and  care,  should  be  preserved  in  peace  and  tranquillity,  1554. 
 after  due  recognition  and  mature  consideration  of  these  sup- 
 plications and  requests,  should  adjudge  that  all  these^  and 
 in  particular  those  demands  made  in  respect  of  ecclesiastical 
 goods,  may,  for  the  sake  of  the  faith  and  the  public  peace, 
 be  duly  granted  by  us,  without  any  delay,  and  should  vouch- 
 safe, as  requested,  to  intercede  with  us,  as  appears  in  the 
 supplications  presented  to  your  majesties  by  the  same 
 supreme  council,  and  by  the  bishops  and  clergy  aforesaid, 
 and  as  in  the  libel  of  intercession  exhibited  by  us  to  your 
 same  majesties  more  fully  appears — 
 
 Therefore  we,  who  to  your  majesties  and  to  your  most  He,  being 
 noble  realm  have  been,  by  our  most  holy  lord,  the  Pope  ^^"^  ^°., 
 
 ^     reconcile 
 
 Juhus  III,  sent  legate  de  Latere  of  hmi  and  of  the  Apostolic  the  realm. 
 See,  that  we  might  reconcile  to  God  and  the  Church  of 
 Christ  and  His  •  vicar  on  earth  this  realm,  now  for  long 
 separated  from  the  unity  of  the  Catholic  Church,  and  that 
 by  all  diligence  we  should  procure  all  those  things  which 
 belong  to  the  peace  and  tranquillity  of  this  realm,  after  that, 
 by  the  blessing  of  God  and  the  piety  of  your  majesties,  by 
 authority  of  the  same  our  most  holy  lord  the  Pope,  whom 
 we  here  represent,  the  reconciliation  has  now  been  made, 
 that  we  should  provide  for  the  peace  and  tranquillity  of  the 
 realm  aforesaid,  and  that  the  unity  of  the  Church — upon 
 which  depends  the  safety  of  so  many  souls,  redeemed  by  the 
 precious  blood  of  Christ — now  in  this  kingdom  introduced, 
 should  be  confirmed  and  remain  sure. 
 
 Whereas  so  many  and  so  important  testimonies  cause  recogniz- 
 us  to  believe  that  the  stability  of  both  these  depends  chiefly  !"^  '^^ 
 
 •'  r  y   importance 
 
 on  this,  that  no  molestation  be  offered  to  the  possessors  of  of  preserv- 
 these  ecclesiastical  goods,  in  their  possession  of  them,  and  ^"f.^^^. 
 
 ,  ^  nation  in 
 
 that  the  intercession  of  your  majesties,  who  have  so  stu-  tranquillity 
 diously  and  piously  laboured  for  the  unity  of  the  Church  f"*^  f^th*^" 
 and  the  restoration  of  the  authority  of  the  Apostolic  See  in  interces- 
 this  kingdom,  should  have,  with  us,  the  authority  which  is  ^^°"' 
 
400  DOCUMENTS  ILLUSTRATIVE   OF  THE    [lxxvi 
 
 1554.      convenient,  and  that  this  whole  kingdom  should  recognize, 
 
 and  indeed  experience,  the  truly  maternal  indulgence  and 
 
 absolves,     love  of  the  Apostolic  See  towards  itself,  we — absolving  and 
 
 rom  all      suffering  to  be  absolved,  whomsoever  to  whom  the  things 
 
 ecclesias-         ...  .       . 
 
 tical  pains,  within  Written  belong,  from  whatsoever   ecclesiastical  sen- 
 holders  of    tgj^ces  censures,  and  pains  of  excommunication,  suspension, 
 
 land,  and  ...  . 
 
 confirms      and  interdict  passed  of  right,  or  by  man,  for  any  occasion  or 
 the  erec-     cause,  by  whomsoever  or  in  whatsoever  manner  they  may 
 
 tion  of  ^      ,  ,  •'  -^ 
 
 cathedrals,  be  bound,  in  order  to  gain  the  effect  of  these  presents,  at  all 
 schools,       events  by  apostolic  authority,  by  letters  of  our  most  holy 
 lord,  the  lord  Pope  Julius  III,  granted  to  us,  and  which 
 we  execute  in  this  behalf,  by  tenor  of  the  presents — do  dis- 
 pense that  all  and  singular  erections  of  cathedral  churches, 
 foundations  of  hospitals  and  schools,  in  the  time  of  the  late 
 schism,  although  actually  yet  invalidly  undertaken,  may  re- 
 main firm  and  established  in  that  state  in  which  they  now 
 are,  and  wx  apply  to  them  the  strength  of  apostolic  confir- 
 mation ;    so  that  not  by  that  authority  which  before  [they 
 had],  but  by  that  which  we  now  grant  them,  they  may  be 
 legalizes      held  by  all  to  have  been  carried  out :  and  to  all  and  singular 
 cer  am        persons  of  the  realm  aforesaid  who  may  have,  knowingly  or 
 within         ignorantly,  actually  contracted  marriages  in  any  degree  of 
 de°rees^     consanguinity  or  affinity,  even  a  double  one,  or  despite  any 
 impediment   of  spiritual  kinship,    or  the  just  demands  of 
 public  opinion,  these  being  introduced  of  positive  law,  and 
 on  which  our  most  holy  lord  the  pope  was  wont  to  grant 
 dispensations,   we  mercifully,   in  the    Lord,   do  grant  dis- 
 pensations,  that,   notwithstanding  the    impediments   afore- 
 said, [such  persons]  may  freely  and  lawfully  remain  in  their 
 marriages  so  contracted,  or  may  contract  them  afresh,  legiti- 
 mating their  offspring,  born  or  to  be  born ;  yet  in  such  wise 
 that  those   who   have   married    knowingly  and   maliciously 
 should  obtain  absolution  from  sentence  of  excommunica- 
 tion and  guilt  of  incest  or  sacrilege,  from  their  ordinary  or 
 .  curate,  to  whom  we  grant  power  to  do  this. 
 
Lxxvi]     HISTORY  OF  THE  ENGLISH  CHURCH  401 
 
 And   all  ecclesiastical,   secular,  or  religious  persons,  of      1554. 
 
 whatsoever  orders,  who,  although  invalidly,  yet  actually  may  ^"j^  ^^^^ 
 
 have  obtained  any  requests,  dispensations,  grants,  gifts,  and  receive 
 
 indulgences,  as  well  orders  as  ecclesiastical  benefices,  or  any  t^^°^f.  „ 
 
 ^  '  .  '  -^  invahdly 
 
 spiritual  matters,  by  pretended  authority  of  the  supremacy  ordained 
 
 of  the  Ensflish  Church,  and  who  have  returned,  at  heart,  to  ^"^  "''" 
 
 ^  ^  _  '  '         stituted  ; 
 
 the  unity  of  the  restored  Church,  we  will  mercifully  receive 
 in  their  orders  and  benefices,  by  ourself  or  by  those  deputed 
 by  us  for  that  purpose,  as  already  many  have  been  received, 
 and  with  them,  on  this  behalf,  we  will  opportunely  dispense 
 in  the  Lord.     And  we  make  valid  all  processes  had  and  and  will 
 made,  in  whatsoever  instances,  before  whatsoever  judges,  as  cesses^and 
 well  ordinaries  as  delegates  and  lay,  upon  spiritual  matters  sentences 
 and  the  sentences  pronounced  upon  them,  although  passed  e'!:ci'e^ias"^ 
 invalidly  yet  actually,  we  amend  in  respect  of  their  inva-  tical 
 lidity  merely  arising  from  the  aforesaid  default  of  jurisdic- 
 tion, and  confirm  these  and  those  by  apostolic  authority  ; 
 and  to  any  person  of  this  kingdom  to  whose  hands  eccle- 
 siastical goods,  by  whatsoever  contract  or  title  charged  or 
 gotten,  may  now  have  come,  and  they  have  held  and  do 
 hold  them,  we  entirely  remit  and  restore  all  and  whatsoever 
 fruits  perceived  from  the  same  goods,  albeit  unduly :    we  and  will 
 willing  and  decreeing  that  the  aforesaid  possessors  of  the  t^f^s'J^  ^ 
 said  ecclesiastical  goods,  as  well  moveable  as  immoveable,  ecclesias- 
 shall  not  be,  in  the  present  or  in  the  future,  molested,  dis-  anvQiurch 
 quieted,  or  disturbed  in  the  said  goods  or  in  the  possession  decree  to 
 of  them,  either  by  the  dispositions  of  councils,  general  or  tj-^^i-v^not- 
 provincial,  or  decretal  letters  of  Roman  pontiffs,  or  any  withstand- 
 ecclesiastical  censure  whatsoever,  nor  that  any  ecclesiastical  "^^' 
 censure  or  pain,  on  account  of  the  detention  or  non-restitu- 
 tion of  the  same,  be  imposed  or  inflicted  on  them,  and  that 
 it  is  to  be  so  adjudged  and  determined  by  all  judges  and 
 auditors   whomsoever — taking    from    them    every   kind   of  all  power 
 faculty  and  authority  of  otherwise  adjudging  and  interpreting;  ^j^jf^^^^^" 
 and  whatsoever  shall  happen  to  be  attempted  otherwise,  we  otherwise 
 
 Dd 
 
402 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE      [lxxv^ 
 
 1554. 
 
 being 
 taken 
 away. 
 
 Yet  confir- 
 mation of 
 the 
 
 division 
 aforesaid 
 of  the 
 bishoprics 
 must  be 
 sought 
 from  the 
 pope; 
 and 
 
 holders  of 
 Church 
 property 
 are  ex- 
 pected to 
 make 
 suitable 
 provision 
 therefrom 
 for  the 
 parsons, 
 
 decree  to  be  null  and  void,  notwithstanding  the  aforesaid 
 defects,  and  whatsoever  apostolic  constitutions  and  orders, 
 and  those  established  in  provincial  and  synodal  councils, 
 whether  special  or  general,  and  other  things  to  the  contrary 
 whatsoever. 
 
 Nevertheless  we  admonish  that,  since  the  division  of 
 bishoprics  and  the  erection  of  cathedral  churches  belong 
 to  the  greater  causes  which  are  reserved  to  the  most  high 
 pontiff,  recourse  must  be  had  to  his  holiness,  and  from  him 
 it  must  be  humbly  supplicated  that  he  will  deign  to  confirm 
 them,  or  create  them  anew.  And  although  we  have  released 
 all  moveable  goods  of  the  churches,  without  distinction,  to 
 those  who  hold  them,  nevertheless  we  wish  them  to  beadmon- 
 ished,  that — having  before  their  eyes  the  severity  of  Divine 
 judgment  against  Belshazzar,  king  of  Babylon,  who  converted 
 to  profane  uses  the  holy  vessels  which  had  been  taken  from 
 the  Temple,  not  by  himself,  but  by  his  father — they  should 
 restore  those  [goods]  to  their  proper  churches,  if  they  exist, 
 or  to  others.  Also  exhorting  and  beseeching,  by  the  bowels 
 of  mercy  of  Jesus  Christ,  all  those  whom  this  matter  concerns, 
 that,  not  being  altogether  unmindful  of  their  salvation,  they 
 will  at  least  effect  this  :  that  out  of  ecclesiastical  goods — espe- 
 cially those  which,  inrespect  of  parsonages  and  vicarages,  have 
 been  specially  destined  for  the  support  of  the  ministers  of  the 
 people,  or  out  of  other  cathedral  and  other  lesser  churches 
 which  now  exist,  supplying  the  cure  of  souls — such  provision 
 may  be  made,  that  their  pastors,  parsons,  and  vicars  may  be 
 suitably  and  honourably  maintained  according  to  their  quality 
 and  estate,  and  may  be  able  laudably  to  exercise  the  cure  of 
 souls,  and  duly  to  support  the  charges  incumbent  [on  them]. 
 Given  at  Lambeth,  near  London,  in  the  diocese  of  Winchester, 
 in  the  year  of  the  Nativity  of  the  Lord,  15  54,  the  24th  of  Decem- 
 ber, in  the  fifth  year  of  the  pontificate  of  the  most  holy  father 
 and  lord  in  Christ,  Julius  III,  by  Divine  Providence,  pope. 
 Reginald  Cardinal  Pole,   Legate. 
 
Lxxvi]    HISTORY  OF  THE  ENGLISH  CHURCH  403 
 
 r 'T<  v^n  1554. 
 
 ^Transcript.] 
 
 We  the  said  Lords  spiritual  and  temporal,  and  Commons  Prayer  of 
 in    this    present   Parliament    assembled,    renderinsr    most  *^^,  Lords 
 
 ^  .  and 
 
 humble  thanks  to  your  majesties,   by  whose  intercession  Commons. 
 
 and  means  we  have  obtained  the  said  dispensation  of  the 
 
 pope's  holiness,  by  the  said  most  reverend  father  in  God, 
 
 his  legate,  most  humbly  beseech  the  same,  that  it  may  be 
 
 ordained  as  follows : 
 
 And   therefore   be  it  enacted  by  the  authority  of  this  Cardinal 
 
 present  Parliament,  that  all  and  singular  articles  and  clauses    °  ^  ^, .  ^^" 
 ^  _  '     _  ^  °  _  pensation 
 
 contained  in  the  said  dispensation,  as  well  touching  the  confirmed 
 establishment  of  archbishoprics  and  cathedral  churches,  as  ,/  ^'"" 
 also  the  confirmation  of  marriages,  in  degrees  prohibited 
 by  the  canons  of  the  Church,  the  legitimation  of  children, 
 and  the  ratification  of  processes,  and  of  sentences  in  matters 
 ecclesiastical,  touching  the  invalidity  of  them  for  want  of 
 jurisdiction,  and  the  institutions  and  destitutions  of  and  in 
 benefices  and  promotions  ecclesiastical,  dispensations  and 
 graces  given  by  such  order  as  the  public  laws  of  the  realm 
 then  approved,  and  all  other  things  before  contained  in  the 
 said  letters  of  dispensation,  shall  remain  and  be  reputed  and 
 taken  to  all  intents  and  constructions  in  the  laws  of  this 
 realm,  lawful,  good,  and  effectual,  to  be  alleged  and  pleaded 
 in  all  courts  ecclesiastical  and  temporal,  for  good  and  suffi- 
 cient matter,  either  for  the  plaintiff  or  defendant,  without  any 
 allegation  or  objection  to  be  made  against  the  validity  of 
 them,  by  pretence  of  any  general  council,  canon,  or  decree 
 to  the  contrary  made,  or  to  be  made,  in  that  behalf. 
 
 And  whereas  divers  and  sundry  late  monasteries,  priories,  Recital  of 
 commanderies,   nunneries,    deaneries,    prebends,    colleges,  *^^  acqui- 
 hospitals,  houses  of  friars,  chantries,  and  other  religious  and  HenryVIII 
 ecclesiastical  houses  and  places,  and  the  manors,  granges,  ^^^^.^'^ 
 messuages,    lands,    tenements,    rectories,    tithes,    pensions,  property, 
 portions,  vicarages,  churches,  chapels,  advowsons,  nomina-  ^"^  ^'^ 
 
 D  d  2 
 
404  DOCUMENTS  ILLUSTRATIVE    OF   THE     [lxxvi 
 
 1554.      tions,  patronages,  annuities,  rents,  reversions,  services,  and 
 
 grant  to  in-  other    possessions    and    hereditaments    to    the    said   late 
 dividuals. 
 
 monasteries,  priories,  nunneries,  commanderies,  deaneries, 
 
 chantries,  prebends,  houses  of  friars,  colleges,  hospitals,  and 
 other  religious  and  ecclesiastical  houses  and  places,  and  to 
 sundry  archbishoprics  and  bishoprics,  within  this  realm,  late 
 appertaining  and  belonging,  came  as  well  to  the  hands  and 
 possession  of  the  said  king  of  famous  memory,  Henry  VIII, 
 father  unto  your  majesty,  our  said  sovereign  lady,  by  dissolu- 
 tion, gift,  grant,  surrender,  attainder,  or  otherwise,  as  also  to 
 the  hands  and  possession  of  divers  and  sundry  other  persons 
 and  bodies  politic  and  corporate,  by  sundry  means,  convey- 
 ances, and  assurances,  according  to  the  order  of  the  laws 
 and  statutes  of  this  realm. 
 Recital  of       And  where  also  divers  manors,   lands,  tenements,  and 
 theacquisi-  hereditaments,  parcel  of  the  possessions  of  archbishoprics 
 ecciesias-    and  bishoprics,  and  many  and  sundry  late  deaneries,  colleges, 
 tical  pro-     chantries,    rectories,    prebends,    free    chapels,    guilds    and 
 Edward  VI  fraternities,    manors,    houses,    granges,    lands,    tenements, 
 and  Its        rents,   services,    and   other   ecclesiastical    possessions    and 
 to  indi-       hereditaments,  goods  and  chattels,  to  the  said  archbishoprics, 
 viduals.       bishoprics,    deaneries,    colleges,    chantries,    free    chapels, 
 rectories,    guilds,    and    fraternities,   late   appertaining    and 
 belonging,  or  appointed  to  and  for  the  finding  of  priests, 
 obits,   lights,  or  other  like  purpose,  came  as  well  to  the 
 hands  and  possession  of  the  late  noble  king,  Edward  VI, 
 brother  unto  your  majesty  [our]  sovereign  lady,  by  virtue  of 
 an  Act  of  Parliament  thereof  made,  or  otherwise,  as  also  to 
 the  hands  and  possession  of  divers  and  sundry  other  persons 
 and  bodies  politic  and  corporate,  by  sundry  means,  convey- 
 ances, and  assurances,  according  to  the  order  of  the  laws  of 
 this  realm ;  a  great  number  of  which  said  late  monasteries, 
 priories,  nunneries,  commanderies,  deaneries,  colleges,  hos- 
 pitals, prebends,  chantries,  free  chapels,  guilds,  and  fraterni- 
 •  ties,  and  the  manors,  granges,  messuages,  lands,  tenements, 
 
Lxxvi]     HISTORY  OF  THE  ENGLISH  CHURCH  405 
 
 rents, reversions, services,  tithes,  pensions,  portions,  vicarages,  1554. 
 churches,  chapels,  advowsons,  nominations,  patronages, 
 annuities  and  hereditaments,  goods  and  chattels,  to  the  said 
 monasteries,  priories,  nunneries,  commanderies,  deaneries, 
 colleges,  hospitals,  chantries,  free  chapels,  guilds,  fraternities, 
 and  other  ecclesiastical  houses,  archbishoprics,  and  bishoprics 
 belonging,  as  well  for  great  sums  of  money,  as  for  other  good 
 and  reasonable  causes  and  considerations,  have  been  con- 
 veyed and  assured  to  divers  the  subjects  and  bodies  pohtic 
 of  this  realm,  as  well  by  the  said  King  Henry  VIII,  the  said 
 King  Edward  VI,  and  by  your  highness  our  sovereign  lady, 
 and  jointly  by  both  your  majesties,  as  also  by  divers  the 
 owners  of  the  said  ecclesiastical  possessions ;  which  said 
 conveyances  and  assurances,  by  their  sundry  letters  patent, 
 and  other  writings  more  plainly  do  and  may  appear : 
 
 Forasmuch  as  the  said  most  reverend  father  has  also  by  The  le^^ate 
 the  said  dispensations  removed  and  taken  away  all  matter  of  ^^^  freed 
 impeachment,  trouble,  and  danger,  which  by  occasion  of  any  danger  of 
 general  council,  canon,  or  decree  ecclesiastical,  might  touch  impeach- 
 and  disquiet  the  possessions  of  such  goods  moveable,  lands,  [lue  to  a*ny 
 tenements,  possessions,  and  hereditaments  as  were  of  late  Church 
 belonging  to  any  of  the   said   archbishoprics,   bishoprics,  P^°P^^  ^* 
 monasteries,  priories,  nunneries,  commanderies,  deaneries, 
 colleges,  chantries,  prebends,  rectories,  hospitals,  houses  of 
 friars,  or  other  religious  and  ecclesiastical  houses  and  places, 
 of  what  nature,  name,  kind,  or  quality  soever  they  be  of; 
 yet  for  that  the  title  of  all  lands,  possessions,  and  heredita-  The  title  to 
 ments,    in   this   your   majesties'  realm   and  dominions,    is  f}  'f"*^  ^" 
 grounded  in  the  laws,  statutes,  and  customs  of  the  same,  dom  is 
 and  by  your  high  jurisdiction,  authority  royal,  and  crown  J^^^^^  ^" 
 imperial,  and  in  your  courts  only,  to  be  impleaded,  ordered,  courts 
 tried,  and  judged,  and  none  otherwise ;  and  understanding  °"^^* 
 that  the  whole,  full,  and  most  gracious  intents,  mind,  and  The  king 
 determination  of  your  most  excellent  majesties  be,  that  all  ^"?  queen 
 
 ■'  •'  '  determine 
 
 and  every  person  and  persons,  bodies  politic  and  corporate,  that 
 
4o6  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxvi 
 
 1554.      their  heirs,  successors,  and  assigns,  and  every  of  them,  shall 
 present  or  have,   keep,  retain,  and  enioy  all  and  every  their  estates, 
 
 future  .        '  ^         .  ,    .         -^  ,  1  J  r 
 
 holders  of  eights,   possessions,  and  interests  that  they,  and    every  of 
 
 Church       them,  now  have,  or  hereafter  shall  have,  of  and  in  all  and 
 
 property 
 
 shall  every  the  manors,   granges,  messuages,   lands,   tenements, 
 
 possess       tithes,  pensions,  portions,  advowsons,  nominations,  patron- 
 
 the  same  .  .  .  •  i         j       i 
 
 by  law.  ^g^s,  annuities,  rents,  reversions,  services,  hundreds,  wapen- 
 takes, liberties,  franchises,  and  other  the  possessions  and 
 hereditaments  of  the  said  monasteries,  abbeys,  priories, 
 nunneries,  commanderies,  deaneries,  colleges,  prebends, 
 houses  of  friars,  hospitals,  chantries,  rectories,  vicarages, 
 churches,  chapels,  archbishoprics,  bishoprics,  and  other  re- 
 ligious or  ecclesiastical  houses  and  places,  or  of  any  of  them, 
 within  this  realm  or  the  dominions  of  the  same,  by  such 
 laws  and  statutes  as  were  in  force  before  the  first  day  of  this 
 present  Parliament,  and  by  other  lawful  conveyances  to 
 them  thereof  made  : 
 Title  of  the  That  it  may  be  therefore  enacted  by  the  authority  of  this 
 ^u  Ch"  *°h  P^^sent  Parliament,  that  as  well  your  majesty,  sovereign 
 property  lady,  your  heirs  and  successors,  and  also  all  and  every  other 
 confirmed,  pej-gon  and  persons,  bodies  politic  and  corporate,  their  heirs, 
 successors,  and  assigns,  now  having,  or  that  hereafter  shall 
 have,  hold,  or  enjoy  any  of  the  sites  of  the  said  late 
 monasteries,  and  other  the  religious  or  ecclesiastical  houses 
 or  places,  and  all  the  said  manors,  granges,  messuages, 
 lands,  tenements,  tithes,  pensions,  portions,  glebe  lands, 
 advowsons,  nominations,  patronages,  annuities,  rents,  rever- 
 sions, services,  hundreds,  wapentakes,  liberties,  franchises, 
 profits,  commodities,  and  other  the  possessions  and  here- 
 ditaments of  the  said  late  monasteries,  abbeys,  priories, 
 nunneries,  commanderies,  deaneries,  colleges,  prebends, 
 hospitals,  houses  of  friars,  rectories,  vicarages,  chantries, 
 churches,  chapels,  archbishoprics,  bishoprics,  and  other 
 religious  and  ecclesiastical  houses  and  places,  or  of  any  of 
 •them,  of  what  name,  nature,  or  kind  soever  they  be,  shall 
 
Lxxvi]    HISTORY  OF  THE  ENGLISH  CHURCH  407 
 
 have,  hold,  possess,  retain,  keep,  and  enjoy  all  and  every  1554. 
 the  said  sites,  manors,  granges,  messuages,  lands,  tene- 
 ments, possessions,  profits,  commodities,  and  other  heredita- 
 ments, according  to  such  interests  and  estates  as  they,  and 
 every  of  them,  now  have  or  hold,  or  hereafter  shall  have  or 
 hold,  of  and  in  the  same,  by  the  due  order  and  course  of 
 the  laws  and  statutes  of  this  realm,  which  now  be,  or  were 
 standing  in  force,  before  the  first  day  of  this  present  Parlia- 
 ment, in  manner  and  form  as  they  should  have  done  if  this 
 Act  had  never  been  had  nor  made;  this  Act  or  anything 
 herein  contained  to  the  contrary  in  any  wise  notwith- 
 standing. 
 
 Saving  to  you,  our  said  sovereign  lady,  your  heirs  and  Saving  the 
 successors,  and  every  of  them,  and  to  all  and  every  other  ^^^j^^^  °^ 
 person  and  persons  subjects  of  this  realm,  and  bodies  politic  therein, 
 and  corporate,  and  to  their  heirs  and  successors,  and  to 
 the  heirs  and  successors  of  all  and  every  of  them  (other  than 
 such  whose  right,  title,  or  interest  is  bounded  or  taken  away, 
 undone,  or  extinct  by  any  Act  of  Parliament  heretofore  made 
 or  otherwise),  all  such  right,  title,  claim,  possession,  interests, 
 rents,  annuities,  commodities,  commons,  offices,  fees,  leases, 
 liveries,  livings,  pensions,  portions,  debts,  duties,  and  other 
 profits,  which  they  or  any  of  them  have  lawfully,  or  of  right 
 ought  to  have,  or  might  have  had,  in,  of,  or  to  any  of  the 
 premises,  or  in,  of,  or  to  any  part  or  parcel  thereof,  in  such 
 like  manner  and  form  and  condition,  to  all  intents,  respects, 
 constructions,  and  purposes,  as  if  this  Act  had  never  been 
 had  nor  made. 
 
 And  that  it  may  be  further  enacted  by  the  authority  afore-  Confirma- 
 said,  that  all  and  every  article,  clause,  sentence,  and  proviso  *^t° ^ute  ^ 
 contained  or  specified  in  any  Act  or  Acts  of  Parliament  concernhig 
 concerning  or  touching  the  assurance  or  conveyance  of  any  ^  ^  assur- 
 the   said   monasteries,  priories,   nunneries,   commanderies,  Church 
 deaneries,  prebends,  colleges,  chantries,  hospitals,  houses  of  ^"  ^' 
 friars,  rectories,  vicarages,  churches,  chapels,  archbishoprics 
 
4o8  DOCUMENTS   ILLUSTRATIVE   OF   THE    [lxxvi 
 
 1554.  and  bishoprics,  and  other  religious  and  ecclesiastical  houses 
 and  places,  or  any  of  them,  or  in  any  wise  concerning  any 
 manors,  lands,  tenements,  profits,  commodities,  heredita- 
 ments, or  other  the  things  before  specified  to  the  said  King 
 Henry  VIII,  or  King  Edward  VI,  or  either  of  them,  or 
 any  other  person  or  persons,  or  body  politic  or  corporate 
 and  every  of  them,  and  all  and  every  writing,  deed,  and 
 instrument  concerning  the  assurance  of  any  the  same,  shall 
 stand,  remain,  and  be  in  as  good  force,  effect,  and  strength, 
 and  shall  be  pleaded  and  taken  advantage  of,  to  all  in- 
 tents, constructions,  and  purposes,  as  the  same  should, 
 might,  or  could  have  been,  by  the  laws  and  statutes  of  this 
 realm,  in  case  this  present  Act  had  never  been  had  nor 
 made. 
 Confirma-  And  that  all  feoffments,  fines,  surrenders,  forfeitures, 
 tion  of        assurances,  conveyances,  estates,  and  interests  in  any  wise 
 
 assurances  j  j  ■>  ?  ^  y 
 
 to  Henry  conveyed,  had,  or  made  to  our  said  late  sovereign  lord 
 y}^'  1  King  Henry  VTII,  or  to  our  said  late  sovereign  lord  King 
 VI,  and  all  Edward  VI,  or  either  of  them,  or  to  any  other  person  or 
 °  .  persons,  bodies  politic  or  corporate,  or  to  any  of  them,  by 
 
 Church '  deed  or  deeds,  Act  or  Acts  of  Parliament  or  otherwise,  of 
 lands.  ^j^y  j-j-jg  sites,  manors,  lands,  tenements,  possessions,  profits, 
 commodities,  or  hereditaments  of  any  the  said  archbishop- 
 rics, bishoprics,  late  monasteries,  priories,  nunneries,  com- 
 manderies,  deaneries,  houses  of  friars,  colleges,  chantries, 
 hospitals,  prebends,  free  chapels,  or  of  any  manors,  lands, 
 tenements,  reversions,  services,  tithes,  pensions,  portions, 
 annuities,  or  of  any  other  hereditaments,  of,  by,  or  from 
 any  ecclesiastical  or  spiritual  person  or  persons,  or  by  or 
 from  any  spiritual  or  ecclesiastical  corporation  or  body 
 pohtic,  shall  be  as  good  and  available  in  the  law,  to  all 
 intents,  constructions,  and  purposes,  as  they  were  by  the 
 laws  and  statutes  of  this  realm  standing  in  force  before  the 
 first  day  of  this  present  Parliament ;  and  that  the  same  may 
 and  shall  be  pleaded,  alleged,  and  taken  advantage  of  in 
 
Lxxvi]    HISTORY  OF  THE  ENGLISH  CHURCH  409 
 
 such  sort  and  to  such  effect  as  they  should,  could,  or  might  1554. 
 have  been  by  the  laws  and  statutes  of  this  realm  standing 
 in  force  before  the  said  first  day  of  this  present  Parliament; 
 and  that  all  and  every  clause  and  article  of  saving,  con- 
 tained in  all  and  every  the  said  Acts  and  statutes,  shall 
 stand,  remain,  and  be  in  such  force,  strength,  and  effect  as 
 they  were  before  the  said  first  day  of  this  present  Parliament ; 
 anything  contained  in  this  present  Act  to  the  contrary  in 
 any  wise  notwithstanding. 
 
 And  that  it  may  be  in  like  manner  enacted  by  authority  Penalty  for 
 aforesaid,   that   whosoever  shall  by  any  process   obtained  "^o^^sting 
 
 ■>  J     i^  any  per- 
 
 out  of  any  ecclesiastical  court  within  this  realm  or  without,  son  in 
 or  by  pretence  of  any  spiritual  jurisdiction  or  otherwise,  possession 
 contrary  to  the  laws  of  this  realm,  disquiet  or  molest  any  lands, 
 person    or   persons  or  body  politic,   for   any   of  the  said 
 manors,  lands,  tenements,  hereditaments,  or  things  above 
 specified,  contrary  to  the  words,  sentences,  and  meaning  of 
 this  Act,  shall  incur  the  danger  of  the  Act  of  Praemunire, 
 made  the  sixteenth  year  of  King  Richard   II,  and  shall 
 suffer  and  incur  the  forfeitures  and  pains  contained  in  the 
 same. 
 
 Provided  alway,  that  it  shall  and  may  be  lawful  to  any  Proviso  for 
 person  or  persons,  body  politic  and  corporate,  to  sue  in  ^.^J*^^  ^^  ^^ 
 any  competent  ecclesiastical  or  spiritual  court  within  this 
 realm,  for  tithes,  rights,  and  duties  that  they  or  any  of  them 
 shall  pretend  to  have  of  or  out  of  any  the  said  manors, 
 lands,  tenements,  and  other  the  premises,  and  to  have  full 
 and  perfect  remedy  for  the  same,  in  such  manner  and  form 
 as  they,  or  any  of  them,  might  or  ought  to  have  done  or 
 had  by  the  laws  and  statutes  of  this  realm,  before  the 
 making  of  this  Act,  and  as  though  this  Act  had  never  been 
 had  or  made. 
 
 And  that  it  may  be  further  provided  and  enacted  by  the  The  title  of 
 authority  aforesaid,  that  albeit  the  title  or  style  of  supre-  f^^^^y ' 
 macy,  or  supreme  head  of  the  Church  of  England  and  of  though 
 
DOCUMENTS  ILLUSTRATIVE   OF  THE    [lxxvi 
 
 or  lawful, 
 shall  not 
 impugn  the 
 validity  of 
 instru- 
 ments in 
 which 
 used. 
 
 Ireland,  or  either  of  them,  never  was,  nor  could  be  justly 
 or  lawfully  attributed  or  acknowledged  to  any  king  or 
 sovereign  governor  of  this  realm,  nor  in  any  wise  could  or 
 might  rightfully,  justly,  or  lawfully,  by  any  king  or  sovereign 
 governor  of  this  realm,  be  claimed,  challenged,  or  used; 
 yet  forasmuch  as  the  said  title  and  style,  since  the  third 
 day  of  November  in  the  twenty-sixth  year  of  the  reign  of 
 the  said  king  Henry  VIII,  has  been  used,  and  is  men- 
 tioned and  contained  in  divers  and  sundry  writs,  letters 
 patent,  records,  exemplifications,  court-rolls,  charters,  deeds, 
 instruments,  evidences,  books,  and  writings ;  it  shall  be 
 lawful  as  well  to  and  for  your  majesties  and  your  sovereign 
 lady's  heirs  and  successors,  as  to  and  for  every  other  person 
 and  persons,  and  bodies  politic  and  corporate,  at  all  time 
 and  times  hereafter,  to  have,  retain,  and  keep  the  said  writs, 
 letters  patent,  records,  exemplifications,  court-rolls,  charters, 
 deeds,  instruments,  evidences,  books  and  writings,  and 
 them  to  show,  exhibit,  use,  allege  and  plead,  in  all  times 
 and  places  requisite  or  needful,  without  any  danger, 
 penalty,  loss,  forfeiture,  trouble,  vexation,  or  impeachment 
 for  the  same;  anything  in  this  Act,  or  in  any  other  Act 
 or  Acts  to  the  contrary  thereof,  in  any  wise  notwith- 
 standing. 
 
 And  where  your  highness,  sovereign  lady,  since  your 
 coming  to  the  crown  of  this  realm,  of  a  good  and  Christian 
 conscience,  omitted  to  write  the  said  style  of  supremacy, 
 specified  in  one  Act,  made  in  the  Parliament  holden  at 
 Westminster  by  prorogation  in  the  thirty-fifth  year  of  the 
 reign  of  your  late  father  King  Henry  VIII,  as  well  in  gifts, 
 grants,  letters  patent,  as  in  commissions  and  other  writings, 
 and  also  others  have,  in  their  writings,  done  the  same,  as  well 
 in  your  time  as  before ;  and  forasmuch  as  notwithstanding 
 any  law  made  concerning  the  said  style  of  supremacy,  it 
 was  in  the  free  choice,  liberty,  and  pleasure  of  the  king  of 
 this  realm,  and  of  your  highness,  whether  you  would  express 
 
Lxxvi]     HISTORY  OF  THE  ENGLISH  CHURCH  411 
 
 the  same  in  the  said  style  or  not :  Be  it  therefore  declared  1554. 
 and  enacted  by  the  authority  of  this  present  Parliament, 
 that  all  grants,  letters  patent,  commissions,  indictments, 
 records,  and  writings  made  in  your  our  sovereign  lady's 
 name,  or  in  the  names  of  your  sovereign  lord  and  lady, 
 or  any  other  wherein  the  said  style  of  supremacy  is  omitted, 
 is  and  shall  be  to  all  intents  and  purposes  as  good  and 
 effectual  as  if  the  same  had  been  therein  expressed,  and 
 may  be  detained,  kept,  pleaded,  and  alleged,  without  any 
 danger^  pain,  penalty,  or  forfeiture  to  ensue  to  any  person 
 or  persons  or  body  politic,  for  or  concerning  the  omission 
 of  the  same  style,  or  any  part  thereof,  in  any  such  writings; 
 and  that  no  person  nor  persons  shall  be  impeached, 
 molested,  or  damnified  for  or  by  reason  of  any  such 
 omission. 
 
 And  where,  in  an  Act  of  Parliament,  made  since  the  said  Repeal  of 
 twentieth  year  of  King  Henry  VIII,  all  bulls,  dispensations,  .      ^°*^J 
 and  writings,  which  were  before  that  time  obtained  from  bulls, 
 the  see  of  Rome,  should  be  void,  abolished,  and  extin- 
 guished, with  a  clause,  nevertheless,  that  the  matter  of  them, 
 by  virtue  of  letters  patent  from  the  king  then  being,  should 
 and  might  be  alleged,  pleaded,  and  allowed,  as  if  the  same 
 had  not  been  so  abolished  or  extinguished ;  forasmuch  as 
 the  said  Act  is  herebefore,  amongst  others,  repealed  and 
 made  void  :  Be  it  therefore  enacted  by  authority  of  this 
 present    Parliament,    that    all    bulls,    dispensations,    and  Such  bulls 
 
 privileges   obtained  before  the  said  twentieth  year,   or  at  ^^^  ^^  P"' 
 '^  °  -^        '  in  execu- 
 
 any  time  since,  or  which  shall  hereafter  be  obtained  of  the  tion,  if  not 
 see  of  Rome,  not  containing  matter  contrary  or  prejudicial  fotig^'^^^l 
 to  the  authority,  dignity,  or  pre-eminence  royal  or  imperial  preroga- 
 of  the  realm,  or  to  the  laws  of  this  realm  now  being  in  {^^  ^Ji  ^^^ 
 force,   and  not  in  this   Parliament  repealed,   may  be  put  land, 
 in  execution,  used,  and  alleged  in  any  court  within  this 
 realm  or  elsewhere,  whether  the  same  remain  yet  whole, 
 or  can  appear  to  have  been  cancelled,  in  as  available  and 
 
412 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxxvi 
 
 1554. 
 
 Lay  pos- 
 session of, 
 and  juris- 
 diction 
 over, 
 churches, 
 &c.,  for- 
 merly 
 under 
 monastic 
 rule, 
 abolished. 
 
 Saving  the 
 rights  of 
 certain 
 bodies 
 corporate 
 and  in- 
 dividuals. 
 
 Increased 
 devotion 
 
 effectual  manner,  to  all  intents  and  purposes,  as  if  the  said 
 Act  had  never  been  had  or  made ;  any  objection  by  pre- 
 tence of  extinguishment  or  cancelling  of  the  said  bulls, 
 dispensations,  or  privileges,  or  of  any  other  matter  or  cause, 
 by  the  pretence  of  the  laws  of  this  realm  whatsoever,  in  any 
 wise  notwithstanding. 
 
 And  whereas  by  dissolution  of  monasteries  and  other 
 religious  houses,  certain  parish  churches  and  chapels  which 
 were  before  exempt  from  the  jurisdiction  of  the  archbishop 
 (sk  and  bishops  of  the  diocese,  and  by  special  exemption  and 
 privilege  from  Rome  were  under  the  government  and  order 
 of  the  abbots  and  priors  of  those  religious  houses,  which 
 said  churches,  by  colour  of  the  said  exemptions,  be  now 
 of  special  grant  from  King  Henry  and  King  Edward,  under 
 the  rule  and  government  and  jurisdiction  of  temporal  and 
 lay  men,  who  can  no  more  enjoy  that  supremacy  over  those 
 particular  churches  than  the  king  might  over  the  whole 
 realm  :  Be  it  therefore  enacted,  that  all  archbishops  and 
 bishops  in  their  dioceses,  and  all  other  spiritual  person  and 
 persons  having  jurisdiction,  and  their  ministers  and  officers, 
 and  no  lay  person  or  persons,  in  every  church  and  place 
 within  the  precinct  of  the  same,  being  exempt  or  not 
 exempt,  may  freely,  and  without  impediment,  execute 
 their  spiritual  jurisdiction  in  all  points  and  articles,  as 
 though  no  such  exemption  or  grant  had  never  (sic)  been 
 made. 
 
 Provided  alway,  and  be  it  enacted,  that  this  Act  extend 
 not  to  take  away  or  diminish  the  privileges  of  the  univer- 
 sities of  Cambridge  and  Oxford,  nor  the  privileges  or 
 prerogatives  granted  heretofore  to  the  churclies  of  West- 
 minster and  Windsor,  nor  the  Tower  of  London,  nor 
 prejudicial  to  such  temporal  lords  and  possessioners  in 
 this  realm,  as  by  ancient  custom  have  enjoyed  probate 
 of  testaments  of  their  tenants  or  others. 
 .  And  forasmuch  as  after  this  reconciliation  and  unity  of 
 
Lxxvi]    HISTORY  OF  THE  ENGLISH  CHURCH  413 
 
 this  noble  realm  to  the  body  of  Christ's  Church,  it  is  to  be      1554. 
 trusted  that  by  the  abundance  of  God's  mercy  and  grace  hoped  for 
 devotion   shall   increase  and  grow  in   the  hearts  of  many  cUiationto 
 subjects  of  this   realm,  with   desire    to   give    and    bestow  Rome, 
 their   worldly    possessions    for   the    resuscitating   of   alms, 
 prayer,   and   example   of  good  life   in  this   realm,   to  the 
 intent   such   godly  motions   and  purposes   should  be  ad- 
 vanced :  Be  it  therefore  enacted  by  authority  of  this  present  Grants 
 
 Parliament,  that  it  shall  be  lawful  to  such  as  shall  be  seised  ?      .     , 
 '  lee  simple 
 
 of  any  manors,  lands,  tenements,  parsonages,  tithes,  pen-  of  land, 
 sions,  portions,  or  other  hereditaments  whatsoever,  in  fee  *^'':.'  .*° 
 
 ,  ,  religious 
 
 simple,  in  possession,  reversion  or  remainder,  in  their  own  bodies, 
 rights,  not  being  copyhold,  may  thereof  make  feoffments,  J^°^/^^^^  °^* 
 grants,  or  any  other  assurances,  or  by  his   last  will  and  founded, 
 testament  in  writinoj  may  bequeath  and  give  in  fee  simple  ^^^'f^^' 
 
 ,  without 
 
 all  and  every  the  said  manors,  lands,  tenements,  parson-  licence  of 
 ages,  tithes,  pensions,  portions,  or  other  hereditaments^  to  "^o^'t"^^!"- 
 any  spiritual  body  politic  or  corporate  in  this  realm,  or 
 dominions  of  the  same,  now  erected  or  founded,  or  here- 
 after to  be  erected  or  founded,  without  any  licence  of 
 mortmain  therein  to  be  obtained,  or  any  writ  of  ad  quod 
 damnum  to  be  sued  out  for  the  same ;  the  Act  de  terris 
 ad  manum  mortuam  non  ponendis,  or  any  other  Act  or 
 statute  heretofore  had  or  made,  in  any  wise  notwithstand- 
 ing ;  saving  to  the  lords  of  the  fee  all  rents  [and]  services  Saving 
 
 due  or  going  out  of  any  of  the  said  lands,  tenements,  or  ^^'4^" 
 °       °  •'  '  '         services. 
 
 hereditaments  so  to  be  amortized  as  is  aforesaid. 
 
 Provided  always,  that  this  clause  of  this  Act,  for  giving  Limitation 
 
 the  liberty  of  or  for  the  amortizing  of  lands  or  tenements,  °^  ^^^^ , 
 \  °  '  povirer  to 
 
 shall  continue  for  and  during  the  space  of  twenty  years  the  term  of 
 
 next  and  immediately  following,  and  no  longer.  twenty 
 
 •'  °  °  years. 
 
 And  forasmuch  as  we  your  majesty's  humble  and  obedient 
 
 subjects,  the  Lords  spiritual  and  temporal,  and  Commons, 
 
 in  this  present  Parliament  assembled,  neither  by  the  making 
 
 or  delivering  of  either  the  supplications  aforesaid,  nor  by 
 
414  DOCUMENTS  ILLUSTRATIVE  OF  THE    [lxxvi 
 
 1554.      any  clause,  article,  or  sentence  thereof,  or  of  any  other 
 clause,  article,  or  sentence  of  this  or  any  other  statute,  or 
 Nothing      any  of  the  preambles  of  the  same,  made  or  agreed  upon 
 statute  i      ^^  ^^^^  session  of  this  present  Parliament,  by  any  manner 
 to  be  pre-    of  interpretation,    construction,    implication   or   otherwise, 
 the^lib  *°    intend  to  derogate,  impair,  or  diminish  any  of  the  preroga- 
 ties  of  the  tives,  liberties,  franchises,  pre-eminences,  or  jurisdictions  of 
 rown,       your  crown  imperial  of  this  realm,  and  other  the  dominions 
 to  the  same  belonging ;  we  do  most  humbly  beseech  your 
 majesties,  that  it  may  be  declared  and  ordained,  and  be  it 
 enacted  and  declared  by  authority  of  this  present  Parlia- 
 ment, that  neither  the  making,  exhibiting,  or  inserting  in 
 this  present  statute,  or  in  the  preambles  of  the  same,  of 
 the  supplications   or  promise  aforesaid  or  either  of  them, 
 which         nor  any  other  thing  or  things,  words,  sentences,  clauses, 
 shall  Qj.  articles  in  the  preambles   or   body   of  the  Acts  afore- 
 
 remain  as         . 
 
 in  20  Hen.  Said,  shall  be  construed,  understood,  or  expounded  to 
 VIII.  derogate,  diminish,  or  take  away  any  liberties,  privileges, 
 
 Papal  prerogatives,  pre-eminences,  authorities,  or  jurisdictions,  or 
 jurisdic-  any  part  or  parcel  thereof,  which  were  in  your  imperial 
 in  20  Hen.  c^own  of  this  realm,  or  did  belong  to  your  said  imperial 
 VIII.  crown,  the  twentieth  year  of  the  reign  of  yours,  the  queen's 
 
 majesty's  most  noble  father,  or  any  other  of  your  most 
 noble  progenitors,  before  the  said  twentieth  year;  and  the 
 pope's  holiness  and  See  Apostolic  to  be  restored,  and  to 
 Episcopal  have  and  enjoy  such  authority,  pre-eminence,  and  juris- 
 likewise.  (Miction  as  his  holiness  used  and  exercised,  or  might  lawfully 
 have  used  and  exercised,  by  authority  of  his  supremacy, 
 the  said  twentieth  year  of  the  reign  of  the  king,  your  father, 
 within  this  your  realm  of  England  and  other  your  do- 
 minions, without  diminution  or  enlargement  of  the  same, 
 and  none  other ;  and  the  ecclesiastical  jurisdictions  of  the 
 archbishops,  bishops,  and  ordinaries  to  be  in  the  same 
 state  for  process  of  suits,  punishment  of  crimes,  and  execu- 
 tion of  censures  of  the  Church,  with  knowledge  of  causes 
 
Lxxvi]    HISTORY  OF  THE  ENGLISH  CHURCH  415 
 
 belonging  to  the  same,  and  as  large  in  these  points  as  the      1554. 
 said  jurisdiction  was  the  said  twentieth  year. 
 
 Provided   always,   and   be   it  enacted  by  the  authority  All  grants 
 aforesaid,  that  in  and  upon  every  such  gifts  and  devises  f^°^^^^^*°^^ 
 
 '  .  .     bodies  to 
 
 to  be  made  to  such  spiritual  corporations  or  persons  as  is  be  in  frank- 
 aforesaid,  the  donor,  feoffor,  or  devisor  thereof  may  reserve  almoigne, 
 
 '  '  -^         ,  the  statute 
 
 to  him,  and  his  heirs  for  ever,  a  tenure  in  frankalmoigne.  Quia 
 
 or  a  tenure  by  divine  service,  and  to  have  all  remedies  and  ^^^P^ores 
 ■'  notwith- 
 
 actions  for  and  upon  the  said  gifts  or  devises  and  tenures,  standing. 
 
 in  like  manner  and  form  as  was  used  before  the  statute 
 
 of  Westminster  the  third,  commonly  called  Quia  emptores 
 
 terrarum ;  the  said  statute  or  any  law  or  custom  now  being 
 
 to  the  contrary  in  any  wise  notwithstanding. 
 
 Provided  always,  and  be  it  enacted,  that  all  and  every  The 
 
 person  and  persons,  bodies  pohtic  and  corporate,  which  ^^"^^"y  ^^^ 
 
 ^  r  J  jr  r  7  recovery  oi 
 
 now  have  or  hereafter  shall  have  any  estate  of  inheritance,  any  pen- 
 freehold,  term  or  interest,  of,  in,  or  to  any  portion^  pension,  sion,  tithes, 
 tithes,  glebe  lands,  or  other  ecclesiastical  or  spiritual  profit  lands.  Sec. 
 which  by  this  Act,  and  letters  of  dispensation  rehearsed  in 
 the  same,  be  permitted  and  suffered  to  remain  and  continue 
 in  laymen's  possessions,  shall  and  may  have  like  remedy 
 for  the  recovery  of  the  same,  and  every  part  thereof,  as  they 
 and  every  of  them  might  have  had  before  the  first  day  of 
 this  present  Parliament ;   anything  in  this  Act  contained 
 to  the  contrary  in  any  wise  notwithstanding. 
 
4i6  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxvii 
 
 LXXVII. 
 
 QUEEN    ELIZABETH'S    PROCLAMATION   TO 
 FORBID  PREACHING,  ETC,  a.  d.   1558. 
 
 1558.  The  following  proclamation  was  issued    by  the  queen  at   West- 
 
 minster, December  27,  1558,  and  has  reference  to  the  mitigation  of 
 religious  acrimony  pending  the  formulation  of  her  religious  policy 
 which  appeared  in  the  Supremacy  and  Uniformity  Acts  of  the  follow- 
 ing April. 
 
 [Transcr.  H.  Dyson's  Collection  of  Proclamations,  a.d.  1618,  f.  3.] 
 
 By  the  Queen. 
 
 In  con-  The  queen's  majesty  understanding  that  there  be  certain 
 
 sequence     pej-gons  havinsf  in  times  past  the  office  of  ministry  in  the 
 
 01  irregu-     ^  or-  j  ^ 
 
 lar  preach-  Church,  which  now  do  purpose  to  use  their  former  office  in 
 mg  and       preaching   and   ministry,   and    partly  have   attempted  the 
 tending  to   same,  assembhng  specially  in  the  city  of  London,  in  sundry 
 contention,  places,  great  number  of  people,  whereupon  riseth  among 
 the  common  sort  not  only  unfruitful  dispute  in  matters  of 
 religion,  but  also  contention  and  occasion  to  break  common 
 quiet,    hath    therefore,    according    to   the    authority   com- 
 mitted to  her  highness  for  the  quiet  governance  of  all  manner 
 her  subjects,  thought  it  necessary  to  charge  and  command, 
 like  as  hereby  her   highness  doth  charge  and   command, 
 all,  both      all  manner  of  her  subjects,  as  well  those  that  be  called  to 
 lay  and       ministry  in  the  Church  as  all  others,  that  they  do  forbear 
 are  hereby  to  preach,  or  teach,  or  to  give  audience  to  any  manner  of 
 ordered  to  doctrine   or    preaching^    other   than    to    the    Gospels    and 
 
 desist ;  r  o  r 
 
 yetGospel,  Epistles,  commonly  called  the  Gospel  and  Epistle  of  the 
 Epistle,       ^^y  ^^^  ^Q  lYiQ  n^Q^-^  Commandments  in  the  vulgar  tongue, 
 
 and  Com-  ■'  .  ^  ^    • 
 
 mand-  without  exposition  or  addition  of  any  manner,  sense,  or 
 ments,  meaning  to  be  applied  and  added ;  or  to  use  any  other 
 Litany,       manner  of  public  prayer,  rite,  or  ceremony  in  the  Church, 
 
Lxxviii]    HISTORY  OF  THE  ENGLISH  CHURCH  417 
 
 but  that  which  is  already  used  and  by  law  received  ;  or  the      1558. 
 common  Litany  used  at  this  present  in  her  majesty's  own  p°^^  ^ 
 chapel,  and  the  Lord's  Prayer,  and  the  Creed  in  English ;  and  Creed, 
 
 until    consultation    may   be    had   by    Parliament,    by   her  ^J",^ 
 
 •'  ■'  ■'  allowed, 
 
 majesty  and  her  three  estates  of  this  realm,  for  the  better  in  English, 
 
 conciliation  and  accord  of  such  causes,  as  at  this  present  "."^^'  ^^^; 
 
 •^  liament  is 
 
 are  moved  in  matters  and  ceremonies  of  religion.  consulted. 
 
 The  true   advancement   whereof  to  the  due  honour  of  The  queen 
 Almighty  God,  the  increase  of  virtue  and  godliness,  with  uni-  ^^y^nce^-  ^ 
 versal  charity  and  concord  amongst  her  people,  her  majesty  ment  of 
 most  desireth,   and  meaneth  effectually,  by  all  manner  of  ^^d^win' 
 means  possible,  to  procure  and  to  restore  to  this  her  realm,  punish  all 
 Whereunto  as  her  majesty  instantly  requireth  all  her  good,  ^^°  ?P" 
 faithful,  and  loving  subjects  to  be  assenting  and  aiding  with 
 due  obedience,   so   if   any  shall    disobediently  use  them- 
 selves to  the  breach   hereof,  her  majesty  both  must  and 
 will  see  the  same  duly  punished,  both  for  the  quality  of  the 
 offence,    and    for   example   to    all    others    neglecting    her 
 majesty's  so  reasonable  commandment.     Given  at  her  high- 
 ness's   palace  of  Westminster  the   twenty-seventh    day    of 
 December,  the  first  year  of  her  majesty's  reign. 
 
 God  save  the  queen. 
 
 LXXVIII. 
 
 THE  INJUNCTIONS  OF  ELIZABETH,  a.  d.  1559 
 
 {compared  with  those  of  Edward  VI^). 
 
 These  Injunctions,  which  would  appear  to  have  been  drawn  up  by        1559. 
 the  revisers  of  the  Prayer-book,  were  published  by  the  queen  in  the 
 early  part  of  1559.     Their  basis  is  the  series  of  Injunctions  published 
 under  Edward  VI  in   1547.     They  follow  that   series  for  the  most 
 
 *■  The  Edwardine  Injunctions  of  1547  may  be  seen  in  Cardwell's 
 Documentary  Annals  i.  p.  4. 
 
 E  e 
 
4i8  DOCUMENTS  ILLUSTRATIVE   OF  THE    [lxxviii 
 
 1559.  part  from  i  to  28,  The  more  important  changes  are  indicated  in  the 
 notes.  The  number  in  the  margin  refers  to  the  corresponding  para- 
 graph in  the  Edwardine  document.  The  Injunctions  of  Edward,  which 
 have  been  dropped  entirely,  are  Nos.  6,  concerning  the  occupation  of 
 children  and  servants  ;  7,  concerning  the  absence  of  clergy  from  their 
 cures;  12,  concerning  the  recantation  of  erroneous  teaching  about 
 relics,  &c.  ;  20,  concerning  unauthorized  alteration  of  fasts,  &c.  ;  27, 
 concerning  the  preaching  of  dignitaries  ;  31,  concerning  sick  visitation, 
 &c.  ;  36,  concerning  chantry  priests  ;  and  37,  concerning  the  omission 
 of  the  Hours  when  there  is  a  sermon.  Those  which  follow  the  first 
 28,  are  chiefly  new. 
 
 [Transcr.  from  contemporary  print  at  British  Museum,  5155,  a.  14  (i).] 
 
 These  In-        The  queen's  most  royal  majesty,   by  the  advice  of  her 
 
 a^e^toTe     ^^^t  honourable  council,  intending  the  advancement  of  the 
 
 observed     true  honour  of  Almighty  God,  the  suppression  of  super- 
 
 penaltv  bv  ^^^^"^^^  throughout  all  her  highness's  realms  and  dominions, 
 
 thequeen's  and  to  plant  true  religion  to  the  extirpation  of  all  hypocrisy, 
 
 su  jec  s.      enormities,  and  abuses  (as  to  her  duty  appertaineth),  doth 
 
 minister  unto  her  loving  subjects  these  godly  Injunctions 
 
 hereafter   following.     All   which   Injunctions  her  highness 
 
 willeth  and  commandeth  her  loving  subjects  obediently  to 
 
 receive,  and  truly  to  observe  and  keep,  every  man  in  their 
 
 offices,  degrees,  and  states,  as  they  will  avoid  her  highness's 
 
 displeasure,  and  pains  of  the  same  hereafter  expressed. 
 
 I.  All  I.    The   first   is,    that   all    deans,  archdeacons,    parsons, 
 
 ecclesias-    yicars,  and  all  other  ecclesiastical  persons  shall   faithfully 
 
 sons  to       keep  and  observe,  and  as  far  as  in  them  may  lie,  shall  cause 
 
 observethe  ^q  j-,^  observed  and  kept  of  other,  all  and  singular  laws  and 
 
 royal  su-  ^  °  , 
 
 premacy,  statutes  made  [for  the  restoring  to  the  crown,  the  ancient 
 and  to        jurisdiction  over  the  state  ecclesiastical,  and  abolishing  of 
 
 preach  n 
 
 against  the  all  foreign  power,  repugnant  to  the  same  J.  And  further- 
 papal  usur-  jYiore,  all  ecclesiastical  persons  having  cure  of  souls  shall, 
 pation.  ^  ° 
 
 ^  as  well  for  the  abolishing  and  extirpation  of  the  Bishop  of  Rome, 
 his  pretensed  and  usurped  power  and  jurisdiction,  as  for  the  establish- 
 ment and  confirmation  of  the  king's  authority,  jurisdiction,  and 
 supremacy  of  the  Church  of  England  and  Ireland. 
 
Lxxviii]     HISTORY  OF  THE  ENGLISH  CHURCH  419 
 
 to  the  uttermost  of  their  wit,  knowledge,  and  learning,  1559. 
 purely  [and  ^]  sincerely,  and  without  any  colour  or  dissimu- 
 lation, declare,  manifest,  and  open  four  times  every  year 
 at  the  least,  in  their  sermons  and  other  collations,  that 
 [all  usurped  and  foreign  power-]  having  no  establishment 
 nor  ground  by  the  law  of  God,  [is,  for  ^]  most  just  causes, 
 taken  away  and  abolished ;  and  that  therefore  no  manner  of 
 obedience  [and  ^]  subjection  within  [her'^]  highness's  realms 
 and  dominions  is  due  unto  [any  such  foreign  power  ^]. 
 And  that  the  [queen's®]  power  within  [her']  realms  and 
 dominions  is  the  highest  pow^r  under  God,  to  whom  all 
 men,  within  the  same  realms  and  dominions,  by  God's  laws, 
 owe  most  loyalty  and  obedience,  afore  and  above  all  other 
 powers  and  potentates  in  earth. 
 
 2.  II.  Besides  this,  to  the  intent  that  all  superstition  and  2.  Images, 
 hypocrisy  crept  into  divers  men's  hearts  may  vanish  away,  ^^J^f'^    ' 
 they  shall   not    set    forth   or    extol    [the    dignity  of  ^]  any  extolled, 
 images,  relics,  or  miracles  ;    [but,    declaring  the  abuse  of 
 
 the  same  ^,]  they  shall  teach  that  all  goodness,  health,  and 
 grace  ought  to  be  both  asked  and  looked  for  only  of  God, 
 as  of  the  very  Author  and  Giver  of  the  same,  and  of  none 
 other. 
 
 3.  III.  Item,  that  they,  the  persons  above  rehearsed,  shall  3-  Monthly 
 [preach  ^°]  in  their  churches,  and  every  other  cure  they  have,  ^^  ^ 
 one  sermon  every  [month  ^H  of  the  year  at  the  least,  wherein  preached, 
 they  shall  purely  and  sincerely  declare  the  word  of  God,  ^^j^  ^^_ 
 and  in  the  same  exhort  their  hearers  to  the  works  of  faith,  nounce 
 [as  ^^]   mercy  and  charity   especially   prescribed  and  com-  ^^^^^^  ^' 
 manded  in  Scripture ;    and  that   [the  '^]  works  devised  by 
 
 ^  Om.  ^  the  Bishop  of  Rome's  usurped  power  and  jurisdiction, 
 
 ^  was  of.  *  or.  ^  him. 
 
 ®  king's.  '^  his.  *  Om. 
 
 ^  for  any  superstition  or  lucre  ;  nor  allure  the  people  by  any 
 enticements  to  the  pilgrimage  of  any  saint  or  image  ;  but,  reproving 
 the  same. 
 
 ^^  make  or  cause  to  be  made.  "  quarter.  "  Om. 
 
 £62 
 
420  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxviii 
 
 1559.  man's  fantasies,  besides  Scripture  (as  wandering  [of]  pil- 
 grimages, [setting  up  of  candles'',]  praying  upon  beads,  or 
 such  like  superstition),  have  not  only  no  promise  of  reward 
 in  Scripture  for  doing  of  them,  but  contrariwise  great 
 threatenings  and  maledictions  of  God,  for  that  they  [being  ^] 
 things  tending  to  idolatry  and  superstition,  which  of  all 
 other  offences  God  Almighty  doth  most  detest  and  abhor, 
 for  that  the  same  most  diminish  His  honour  and  glory. 
 
 4.  Each  iV.   Item,  that  they,  the  persons  above  rehearsed,  shall 
 
 parson  to    preach  in  their  own  persons,  once  in  every  quarter  of  the 
 
 preach,  or  -^    ^ 
 
 read  a        year  at   the    least,  one  sermon,   being  licensed  especially 
 
 homily,       thereunto,  as  is  specified  hereafter  ;  or  else  shall  read  some 
 
 once  a 
 
 quarter.  homily  prescribed  to  be  used  by  the  queen's  authority 
 every  Sunday  at  the  least,  unless  some  other  preacher 
 sufficiently  Hcensed,  as  hereafter,  chance  to  come  to  the 
 parish  for  the  same  purpose  of  preaching  ^ 
 
 5.  When         V.  Item,   that   every  holy-day  through  the   year,   when  5- 
 ere  is  no  ^j^^^   have    no    sermon,   they   shall   immediately  after   the 
 
 the  Lord's   Gospel  Openly  and   plainly  recite  to  their  parishioners  in 
 
 Prayer        ^|^g  pulpit  the  Pater  noster,  the  Creed,  and  the  Ten  Com- 
 &c.,  to  be  ^     '^  _  ' 
 
 recited.       mandments,  in  English,  to  the  intent  that  the  people  may 
 learn  the  same  by  heart ;  exhorting  all  parents  and  house 
 holders  to  teach  their  children  and  servants  the  same,  as 
 they  are  bound  by  the  law  of  God  and  conscience  to  do  ^• 
 
 ^  to. 
 
 ^  offering  of  money,  candles  or  tapers  to  relics,  or  images,  or 
 kissing  and  licking  of  the  same. 
 
 3  be. 
 
 *  This  Injunction  is  new,  and  in  the  place  of  one  which  required 
 the  removal  of  all  images,  and  the  tapers  or  candles  usually  set  before 
 them,  but  expi-essly  allowed  '  two  lights  upon  the  high  altar  before 
 the  sacrament,  which,  for  the  signification  that  Christ  is  the  very 
 true  light  of  the  world,  they  shall  suffer  to  remain  still.'  It  appears 
 however  from  the  Injunctions  of  1549  (No.  3),  and  the  subsequent 
 Injunctions  of  Bishop  Ridley,  1550  (No.  2),  that  the  permission  had 
 in  the  meantime  been  withdrawn. 
 
 '  Verbatim. 
 
Lxxviii]     HISTORY  OF  THE  ENGLISH  CHURCH  421 
 
 VI.  Also,  that  they  shall  provide  within  three  months      1559. 
 next  after  this  visitation  [at  the  charges  of  the  parish  ^],  one  6.  The 
 book  of  the  whole  Bible  of  the  largest  volume  in  English ;  Para- 
 and  within  one  twelve  months  next  after  the  said  visitation,  phrases  to 
 
 DC  set  UD 
 
 the    Paraphrases    of  Erasmus   also    in    English    upon    the  a^d  Bible- 
 Gospel,   and   the  same  set  up   in  some  convenient  place  reading  to 
 
 be  en- 
 
 within  the  said  church  that  they  have  cure  of,  whereas  couraged. 
 their  parishioners  may  most  commodiously  resort  unto  the 
 same,  and  read  the  same,  [out  of  the  time  of  common 
 service  '].  The  charges  of  [the  Paraphrases  ^]  shall  be  [by 
 the  parson  or  proprietary  and  parishioners  borne  by  equal 
 portions  ^] ;  and  they  shall  discourage  no  man  *  from  the 
 reading  of  any  part  of  the  Bible,  either  in  Latin  or  in  English, 
 but  shall  rather  ^  exhort  every  person  to  read  the  same  with 
 great  humility  and  reverence,  as  the  very  lively  word  of 
 God,  and  the  especial  food  of  man's  soul,  which  all  Christian 
 persons  are  bound  to  embrace,  believe,  and  follow,  if  they 
 look  to  be  saved ;  whereby  they  may  the  better  know  their 
 duties  to  God,  to  their  sovereign  [lady  the  queen  ^,]  and 
 their  neighbour ;  ever  gently  and  charitably  exhorting 
 them,  and  in  [her']  majesty's  name  straitly  charging  and 
 commanding  them,  that  in  the  reading  thereof,  no  man  to 
 reason  or  contend,  but  quietly  to  hear  the  reader. 
 
 VII.  Also,  the  said  ecclesiastical  persons  shall  in  no  wise  7.  All  per- 
 at  any  unlawful  time,  nor  for  any   other  cause,   than  for  f°"f  *^_ 
 their  honest  necessities,  haunt  or  resort  to  any  taverns  or  emplary 
 alehouses.     And  after  their  [meats  ^,]  they  shall   not  give  ^^^^* 
 themselves  to  drinking  or  riot,  spending  their  time  idly  by 
 
 day  [and  ^]   by  night  at  dice,  cards,   or  tables  playing,  or 
 
 1  Om.  ^  which  books. 
 
 ^  rateably  borne  between  the  parson  and  approprietary  and 
 parishioners  aforesaid,  that  is  to  say  the  one  half  by  the  parson  or 
 proprietary,  and  the  other  half  by  the  parishioners. 
 
 *  authorized  and  licensed  thereto.  '  comfort  and. 
 
 ^  lord  the  king.  ''  his.  ^  dinner  or  supper.  ^  or. 
 
52  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxviii 
 
 1550.  any  other  unlawful  game ;  but  at  all  times,  as  they  shall 
 have  leisure,  they  shall  hear  or  read  somewhat  of  Holy 
 Scripture,  or  shall  occupy  themselves  with  some  other 
 honest  [study,  or ']  exercise ;  and  that  they  always  do  the 
 things  which  appertain  to  honesty,  and  endeavour  to  profit 
 the  commonwealth ;  having  always  in  mind  that  they  ought 
 to  excel  all  other  in  purity  of  life,  and  should  be  [examples^] 
 to  the  people  to  live  well  and  Christianly. 
 
 VIII.  Also,  that  they  shall  admit  no  man  to  preach  ii. 
 within  any  their  cures,  but  such  as  shall  appear  unto  them 
 to  be  sufficiently  licensed  thereunto  by  the  [queen's  majesty, 
 or^]  the  Archbishop  of  Canterbury  or  the  Archbishop  of 
 York,  in  [either  their  provinces  *,]  or  by  the  bishop  of  the 
 diocese,  [or  by  the  queen's  majesty's  visitors  ^].  And  such 
 as  shall  be  so  licensed,  they  shall  gladly  receive  to  declare 
 the  word  of  God  at  convenient  times,  without  any  resistance 
 or  contradiction.  [And  that  no  other  be  suffered  to  preach 
 out  of  his  own  cure  or  parish,  than  such  as  shall  be  licensed, 
 as  is  above  expressed  '.] 
 
 IX.  Also,  if  they  do  or  shall  know  any  man  within  their  13. 
 parish  or  elsewhere,  that  is  a  letter  of  the  word  of  God  to 
 be  read  in  English,  or  sincerely  preached,  or  of  the  execu- 
 tion of  these  the  [queen's  ^]  majesty's  Injunctions,  or  a  fautor 
 of  [any  usurped  and  foreign  ^]  power,  now  by  the  laws  of 
 this  realm  justly  rejected  and  taken  away,  they  shall  detect 
 and  present  the  same  to  the  [queen's  majesty,  or  to  her'^] 
 council,  [or  to  the  ordinary  \]  or  to  the  justice  of  peace 
 next  adjoining. 
 
 X.  Also,  that  the  parson,  vicar,  or  curate,  and  parishioners  14. 
 of  every  parish  within  this  realm,  shall  in  their  churches 
 and  chapels  keep  one  book  or  register,  wherein  they  shall 
 
 ^  Om.  ^  an  example. 
 
 2  king's  majesty  the  lord  protector's  grace.  *  his  province. 
 
 5  king's.  ®  the  Bishop  of  Rome's  pretensed. 
 
 "^  king  or. 
 
Lxxviii]    HISTORY  OF  THE  ENGLISH  CHURCH  423 
 
 write  the  day  and  year  of  every  wedding,  christening,  1559, 
 and  burial  made  within  their  parish  for  their  time,  and  so 
 every  man  succeeding  them  likewise ;  and  also  therein 
 shall  write  every  person's  name  that  shall  be  so  wedded, 
 christened,  and  buried.  And  for  the  safe  keeping  of  the 
 same  book,  the  parish  shall  be  bound  to  provide  of  their 
 common  charges  one  sure  coffer,  with  two  locks  and  keys, 
 whereof  the  one  to  remain  with  the  parson,  vicar,  or  curate, 
 and  the  other  with  the  wardens  of  every  parish  church  or 
 chapel,  wherein  the  said  book  shall  be  laid  up.  Which 
 book  they  shall  every  Sunday  take  forth,  and  in  the  pre- 
 sence of  the  said  wardens,  or  one  of  them,  write  and  record 
 in  the  same  all  the  weddings,  christenings,  and  burials, 
 made  the  whole  week  before ;  and  that  done,  to  lay  up  the 
 book  in  the  said  coffer  as  before :  and  for  every  time  that 
 the  same  shall  be  omitted,  the  party  that  shall  be  in  the 
 fault  thereof  shall  forfeit  to  the  said  church  y.  4^.,  to  be 
 employed  [the  one  half  ^]  to  the  poor  men's  box  of  that 
 parish,  [the  other  half  towards  the  repairing  of  the  church ']. 
 
 XI.  Furthermore,  because  the  goods  of  the  Church  are  n.  Incum- 
 called  the  goods  of  the  poor,  and  at  these  days  nothing  is  gfve^to°the 
 less  seen,  than  the  poor  to  be  sustained  with  the  same ;  all  poor  in 
 parsons,  vicars,  pensionaries,  prebendaries,  and  other  bene-  ^o°he[/°^ 
 ficed  men  within  this  deanery,   not  being  resident   upon  benefice, 
 their  benefices,  which  may  dispend  yearly  20/.  or  above, 
 either  within  this  deanery,   or  elsewhere,   shall   distribute 
 hereafter  among  their  poor  parishioners,  or  other  inhabi- 
 tants  there,    in    the   presence    of    the   churchwardens,    or 
 some  other  honest  man  of  the  parish,  the  fortieth  part  of 
 the  fruits  and  revenues  of  their  said  [benefice  ^ ;]    lest  they 
 be  worthily  noted  of  ingratitude,  which  reserving  so  many 
 parts  to  themselves,  cannot  vouchsafe  to  impart  the  fortieth 
 portion  thereof  among  the  poor  people  of  that  parish,  that 
 is  so  fruitful  and  profitable  unto  them. 
 
 1  Om.  ^  benefices. 
 
424 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxviii 
 
 1559. 
 
 12.  Incum- 
 bents are 
 to  support 
 exhibi- 
 tioners. 
 
 13.  Chan- 
 cel and 
 
 houses 
 to  be 
 repaired 
 by  the  in- 
 cumbent. 
 
 14.  The 
 Injunc- 
 tions to  be 
 read  regu- 
 larly. 
 
 15.  Tithes 
 to  be  paid 
 duly. 
 
 XII.  And,  to  the  intent  that  learned  men  may  hereafter  16. 
 spring,  the  more  for  the  execution  of  the  premises,  every 
 parson,  vicar,  clerk,  or  beneficed  man  within  this  deanery, 
 having  yearly  to  dispend  in  benefices  and  other  promo- 
 tions of  the  Church  100/.,  shall  give  [3/.  6i-.  M.  in'] 
 exhibition  to  one  scholar  [in  any  of  the  universities-  J  and 
 for  as  many  hundred  pounds   more  as  he  may  dispend, 
 
 to  so  many  scholars  more  shall  give  like  exhibition  in  the 
 University  of  Oxford  or  Cambridge,  or  some  grammar  school, 
 which,  after  they  have  profited  in  good  learning,  may  be 
 partners  of  their  patron's  cure  and  charge,  as  well  in  preach- 
 ing, as  otherwise  in  executing  of  their  offices,  or  may,  when 
 need  shall  be,  otherwise  profit  the  commonweal  with  their 
 counsel  and  wisdom. 
 
 XIII.  Also,  that  [alP]  proprietaries,  parsons,  vicars,  and  17. 
 clerks,  having  churches,  chapels,  or  mansions  within  this 
 deanery,  shall  bestow  yearly  hereafter  upon  the  same 
 mansions  or  chancels  of  their  churches,  being  in  decay, 
 the  fifth  part  of  that  their  benefices,  till  they  be  fully 
 repaired,  and  *  shall  always  keep  and  maintain  in  good 
 estate. 
 
 XIV.  Also,   that  the   said   parsons,   vicars,    and   clerks  18. 
 shall  once  every  quarter  of  the  year  read  these  Injunctions 
 given  unto  them,  openly  and  deliberately  before  all  their 
 parishioners  at  one  time,  or  at  two  several  times  in  one  day; 
 
 to  the  intent  that  both  they  may  be  the  better  admonished 
 of  their  duty,  and  their  said  parishioners  the  more  moved  to 
 follow  the  same  for  their  part. 
 
 XV.  Also,  forasmuch  as  by  [laws  ^]   established,   every  19. 
 man  is  bound  to  pay  his  tithes,  no  man  shall  by  colour  of 
 duty  omitted  by  their  curates,  detain  their  tithes  and  so^ 
 requite    one  wrong   with   another,   or  be  his  own  judge; 
 but  shall  truly  pay  the  same,  as  '^  hath  been  accustomed,  to 
 
 ^  competent.  ^  Om.  ^  the. 
 
 *  the  same  so  repaired.  ^  a  law.  ^  redub  and.  '^  he. 
 
Lxxviii]    HISTORY  OF  THE  ENGLISH  CHURCH  425 
 
 their  parsons,  vicars,  and  curates,  without  any  restraint  or      1559. 
 
 diminution  ;  and  such  lack  and  default  as  they  can  justly 
 
 find  in  their  parsons  and  curates,  to  call  for  reformation 
 
 thereof  at  their  ordinaries  and  other  superiors  \  who,  upon 
 
 complaint  and   due  proof  thereof,  shall  reform  the    same 
 
 accordingly. 
 
 21.      XVI.  Also,  that  every  parson,  vicar,  curate,  [and  stipen-  16.  All 
 
 diary  priest  y  being  under  the  degree  of  a  [master  of  art^]  ^^d^"^ 
 
 shall  provide  and   have  of  his  own,  within  three  months  B.D.  to 
 
 after  this  visitation,  the  New  Testament  both  in  Latin  and  f^^y^*^^ 
 '  Latin  and 
 
 in  English,  with  [paraphrases  upon  the  same*,]  conferring  the  English 
 one  with  the  other.     And  the  bishops  and  other  ordinaries  ^^^ 
 by  themselves  or  their  officers,  in  their  synods  and  visita-  and  Para- 
 tions,  shall  examine  the  said  ecclesiastical  persons,  how  they  P"^^^^^- 
 have  profited  in  the  study  of  Holy  Scripture. 
 
 23.  XVII.  Also,  that  the  vice  of  damnable  despair  may  be  17.  The 
 clearly  taken  away,  and  that  firm  belief  and  steadfast  hope  j    ^^y  to 
 may  be  surely  conceived  of  all  their  parishioners,  being  in  suitable 
 any  danger  ;  they  shall  learn  and  have  always  in  a  readiness  ^^"Pt"i"e 
 such  comfortable  places  and  sentences  of  Scripture,  as  do  toral  visi- 
 set  forth  the  mercy,  benefits,  and  goodness  of  Almighty  God  ^^*^*°"- 
 towards  all  penitent  and  believing  persons ;  that  they  may 
 
 at  all  times  when  necessity  shall  require,  promptly  comfort 
 their  flock  with  the  lively  word  of  God,  which  is  the  only 
 stay  of  man's  conscience  ^. 
 
 24.  XVIII.  Also,  to  avoid  all  contention  and  strife,  which  18.  The 
 heretofore  hath  risen  among  the  queen's  majesty's  subjects  substituted 
 in  sundry  places  of  her  realms  and  dominions,  by  reason  for  all  pro- 
 of fond  courtesy,  and  challenging  of  places  in  procession;  save  a"^ 
 and  also  that  they  may  the  more  quietly  hear  that  which  is  beating  the 
 said  or  sung  to  their  edifying,  they  shall  not  from  henceforth    °""'  ^' 
 
 ^  hands.  ^  chantry  priest  and  stipendiary. 
 
 ^  Bachelor  of  Divinity. 
 
 *  the  Paraphrase  upon  the  same  of  Erasmus. 
 
 ^  Condensed  from  23  Ed.  VI. 
 
426  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxviii 
 
 1559.  in  any  parish  church  at  any  time  use  any  procession  about 
 the  church  or  churchyard,  or  other  place ;  but  immediately 
 before  [the  time  of  communion  of  the  Sacrament  \]  the 
 priests  with  other  of  the  quire  shall  kneel  in  the  midst  of 
 the  church,  and  sing  or  say  plainly  and  distinctly  the  Litany, 
 which  is  set  forth  in  English,  with  all  the  suffrages  following, 
 to  the  intent  the  people  may  hear  and  answer ;  and  none 
 other  procession  or  litany  to  be  had  or  used,  but  the  said 
 Litany  in  English,  adding  nothing  thereto,  but  as  [it  is  now 
 appointed^].  And  in  cathedral  or  collegiate  churches  the 
 same  shall  be  done  in  such  places,  and  in  such  sort,  as  our 
 commissioners  in  our  visitation  shall  appoint.  And  in  the 
 time  of  the  Litany,  of  the  [common  prayer  ^]  of  the  sermon, 
 and  when  the  priest  readeth  the  Scripture  to  the  parishioners, 
 no  manner  of  persons,  without  a  just  and  urgent  cause,  shall 
 [use  any  walking  in  the  church,  nor  shall  *]  depart  out  of  the 
 church;  and  all  ringing  and  knolling  of  bells  shall  be  utterly 
 forborne  at  that  time,  except  one  bell  at  convenient  time  to 
 be  rung  or  knolled  before  the  sermon.  [But  yet  for  retain- 
 ing of  the  perambulation  of  the  circuits  of  parishes,  they 
 shall  once  in  the  year  at  the  time  accustomed,  with  the 
 curate  and  substantial  men  of  the  parish,  walk  about  their 
 parishes,  as  they  were  accustomed,  and  at  their  return  to  the 
 church,  make  their  common  prayers  *.] 
 19.  Roga-       XIX.    Provided,  that  the  curate  in  their  said  common 
 
 tions  to  be  perambulations,  used  heretofore  in  the  days  of  rogations,  at 
 observed.  ... 
 
 certain  convenient  places  shall  admonish  the  people  to  give 
 
 thanks  to  God,  in  the  beholding  of  God's  benefits,  for  the 
 
 increase  and  abundance  of  His  fruits  upon  the  face  of  the 
 
 earth,  with  the  saying  of  the  103rd  Psalm,  ''  Benedic  a?iwia 
 
 mea^  &c.      At  which  time  also   the    same   minister   shall 
 
 inculcate  these  or  such  sentences  :  '  Cursed  be  he,  which 
 
 1  high  Mass. 
 
 ^  our  commissaries  in  our  visitation  shall  appoint. 
 
 ^  Mass.  *  Om. 
 
Lxxviii]    HISTORY  OF  THE  ENGLISH  CHURCH  427 
 
 translateth  the  bounds  and  doles  of  his  neighbour.'     Or  such      155'J. 
 other  order  of  prayers,  as  shall  be  hereafter  appointed  \ 
 
 25.  XX.   Item^,  all  the  [queen's^]  faithful  and  loving  subjects  20.  Sun- 
 shall  from  henceforth   celebrate  and  keep  their  holy  day  g^j^^jj] ,  ^ 
 according  to  God's  *  will  and  pleasure ;  that  is,  in  hearing  observed, 
 the  word  of  God  read  and  taught,  in  private  and  public 
 prayers,  in  knowledging  their  offences  to  God,  and  amend- 
 ment of  the  same,  in  reconciling  themselves  charitably  to 
 
 their  neighbours,  where  displeasure  hath  been,  in  oftentimes 
 receiving  the  communion  of  the  very  Body  and  Blood  of 
 Christ,  in  visiting  of  the  poor  and  sick,  using  all  soberness 
 and  godly  conversation.  Yet  notwithstanding,  all  parsons, 
 vicars,  and  curates  shall  teach  and  declare  unto  their 
 parishioners,  that  they  may  with  a  safe  and  quiet  conscience, 
 after  their  common  prayer  in  the  time  of  harvest,  labour 
 upon  the  holy  and  festival  days,  and  save  that  thing  which 
 God  hath  sent;  and  if  for  any  scrupulosity  or  grudge  of 
 conscience,  men  should  superstitiously  abstain  from  working 
 upon  those  days,  that  then  they  should  grievously  offend  and 
 displease  God. 
 
 26.  XXL  Also,  forasmuch  as  variance  and  contention  is  a  21.  Noto- 
 
 thing  that  most  displeases  God,  and  is  most  contrary  to  the  ^!°"^ 
 
 blessed  communion  of  the  Body  and  Blood  of  our  Saviour  &c.,  not  to 
 
 Christ,   curates  shall   in    no  wise   admit   to    the  receiving  ^^  ^^\ 
 
 °  mitted  to 
 
 thereof  any  of  their  cure  and  flock,  [which  be  openly  known  Holy  Com- 
 munion. 
 ^  New. 
 
 2  Ed.  VI  adds,  '  Like  as  the  people  be  commonly  occupied  the 
 work-day,  with  bodily  labour,  for  their  bodily  sustenance,  so  was  the 
 holy  day  at  the  first  beginning  godly  instituted  and  ordained,  that 
 the  people  should  that  day  give  themselves  wholly  to  God.  And 
 whereas  in  our  time,  God  is  more  offended  than  pleased,  more 
 dishonoured  than  honoured  upon  the  holy  day,  because  of  idleness, 
 pride,  drunkenness,  quarrelling  and  brawling,  which  are  most  used 
 in  such  days,  people  nevertheless  persuading  themselves  sufficiently 
 to  honour  God  on  that  day,  if  they  hear  Mass  and  service,  though 
 they  understand  nothing  to  their  edifying  :  therefore.' 
 
 ^  king's.  *  holy. 
 
428  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxviii 
 
 1550.  to  live  in  sin  notorious  without  repentance,  or  ^]  who  hath 
 mahciously  and  openly  contended  with  his  neighbour, 
 unless  the  same  do  first  charitably  and  openly  reconcile 
 himself  again,  remitting  all  rancour  and  malice,  whatsoever 
 controversy  hath  been  between  them.  And  nevertheless, 
 their  just  titles  and  rights  they  may  charitably  prosecute 
 before  such  as  have  authority  to  hear  the  same. 
 22.  Church  XXII.  Also,  that  they  shall  instruct  and  teach  in  their  28. 
 ^^^^-  cures,  that  no  man  ought  obstinately  and  maliciously  to  break 
 
 be  tauo-ht    ^^^^  violate  the  laudable  ceremonies  of  the  Church,  [com- 
 as obliga-    manded  by  public  authority  to  be  observed  '^\ 
 j^ry.  XXIII.  Also,  that  they  shall  take  away,  utterly  extinct,  29. 
 
 Shrines,  and  destroy  all  shrines,  coverings  of  shrines,  all  tables, 
 &c.,  to  be  candlesticks,  trindals,  and  rolls  of  wax,  pictures,  paintings, 
 and  all  other  monuments  of  feigned  miracles,  pilgrimages, 
 idolatry,  and  superstition,  so  that  there  remain  no  memory 
 of  the  same  in  walls,  glass  windows,  or  elsewhere  within 
 their  churches  and  houses ;  [preserving  nevertheless,  or 
 repairing  both  the  walls  and  glass  windows  ^;]  and  they  shall 
 exhort  all  their  parishioners  to  do  the  like  within  their  several 
 houses. 
 24.  A  pul-      XXIV.  And  that   the  churchwardens,   at  the   common  29. 
 
 pit  to  be  . 
 
 provided.  '-'"^• 
 
 ^  Ed.  VI  adds,  *by  the  king  commanded  to  be  observed,  and  as 
 
 yet  not  abrogated.  And  on  the  other  side,  that  whosoever  doth 
 superstitiously  abuse  them,  doth  the  same  to  the  great  peril  and 
 danger  of  his  soul's  health  :  as  in  casting  holy  water  upon  his  bed, 
 upon  images,  and  other  dead  things,  or  bearing  about  him  holy  bread, 
 or  St.  John's  Gospel,  or  making  of  crosses  of  wood  upon  Palm 
 Sunday,  in  time  of  reading  of  the  Passion,  or  keeping  of  private  holy 
 days,  as  bakers,  brewers,  smiths,  shoemakers,  and  such  other  do ;  or 
 ringing  of  holy  bells ;  or  blessing  with  the  holy  candle,  to  the  intent 
 thereby  to  be  discharged  of  the  burden  of  sin,  or  to  drive  away 
 devils,  or  to  put  away  dreams  and  phantasies,  or  in  putting  trust  and 
 confidence  of  health  and  salvation  in  the  same  ceremonies,  when 
 they  be  only  ordained,  instituted,  and  made,  to  put  us  in  remem- 
 brance of  the  benefits  which  we  have  received  by  Christ.  And  if  he 
 use  them  for  any  other  purpose,  he  grievously  oflfendeth  God.' 
 
Lxxviii]     HISTORY  OF  THE  ENGLISH  CHURCH  429 
 
 charge  of  the  parishioners,  in  every  church  shall  provide      1551). 
 
 a  comely  and  honest  pulpit,  to  be  set  in  a  convenient  place 
 
 within  the  same,  [and  to  be  there  seemly  kept  ^]  for  the 
 
 preaching  of  God's  word. 
 
 30.      XXV.    Also,  they  shall  provide  and  have  within  three  25.  An 
 
 months  after  this  visitation,  a  strong  chest  with  a  hole  in  the  f  "?,^  ^  ^^ 
 
 '  o  to  be  sup- 
 
 upper  part  thereof,  to  be  provided  at  the  cost  and  charge  of  plied,  and 
 
 the  parish,  having  three  keys,  whereof  one  shall  remain  in  the  ^j^t^j.^    ^ 
 
 custody  of  the  parson,  vicar,  or  curate,  and  the  other  two  in  buted. 
 
 the  custody  of  the  churchwardens,  or  any  other  two  honest  _"!^„^ 
 -'  '  -'  moneys 
 
 men,  to  be  appointed  by  the  parish  from  year  to  year ;  to  be  so 
 which  chest  you  shall  set  and  fasten  [in  a  most  convenient  ^^^  ^^  ' 
 place  ^,]  to  the  intent  the  parishioners  should  put  into  it 
 their  oblations  and  alms  for  their  poor  neighbours.  And 
 the  parson,  vicar,  and  curate  shall  diligently  from  time  to 
 time,  and  especially  when  men  make  their  testaments,  call 
 upon,  exhort,  and  move  their  neighbours  to  confer  and  give, 
 as  they  may  well  spare,  to  the  said  chest :  declaring  unto 
 them,  whereas  heretofore  they  have  been  diligent  to  bestow 
 much  substance,  otherwise  than  God  commanded,  upon 
 pardons,  pilgrimages,  trentals,  decking  of  images,  offering 
 of  candles,  giving  to  friars,  and  upon  other  like  blind 
 devotions,  they  ought  at  this  time  to  be  much  more  ready 
 to  help  the  poor  and  needy  ;  knowing  that  to  relieve  the 
 poor  is  a  true  worshipping  of  God,  required  earnestly  upon 
 pain  of  everlasting  damnation  ;  and  that  also  whatsoever  is 
 given  for  their  comfort,  is  given  to  Christ  Himself,  and  so 
 is  accepted  of  Him,  that  He  will  mercifully  reward  the  same 
 with  everlasting  life.  The  which  alms  and  devotion  of 
 the  people  the  keepers  of  the  keys  shall  at  times  con- 
 venient take  out  of  the  chest,  and  distribute  the  same  in  the 
 presence  of  the  whole  parish,  or  six  of  them,  to  be  truly  and 
 faithfully  delivered  to  their  most  needy  neighbours;  and  if 
 
 ^  to  be  set  in  a  convenient  place  within  the  same. 
 ^  near  unto  the  high  altar. 
 
DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxviii 
 
 1559.  they  be  provided  for,  then  to  the  reparation  of  highways  next 
 adjoining,  [or  to  the  poor  people  of  such  parishes  near,  as 
 shall  be  thought  best  to  the  said  keepers  of  the  keys  ^].  And 
 also  the  money  which  rise  of  fraternities,  guilds,  and  other 
 stocks  of  the  Church  (except  by  the  [queen's^]  majesty's 
 authority  it  be  otherwise  appointed)  shall  be  put  in  the  said 
 chest,  and  converted  to  the  said  use ;  and  also  the  rents  of 
 lands,  the  profit  of  cattle,  and  money  given  or  bequeathed 
 [to  obits  and  dirges,  and  ^]  to  the  finding  of  torches,  hghts, 
 tapers,  and  lamps,  shall  be  converted  to  the  said  use ;  saving 
 that  it  shall  be  lawful  for  them  to  bestow  part  of  the  said 
 profits  upon  the  reparation  of  the  said  church,  if  great  need 
 require,  and  whereas  the  parish  is  very  poor,  and  not  able 
 otherwise  to  repair  the  same. 
 
 XXVI.  Also,  to  avoid  the  detestable  sin  of  simony,  be-  32. 
 cause  buying  and  selling  of  benefices  is  execrable  before  God, 
 therefore  all  such  persons,  as  buy  any  benefices,  or  come 
 to  them  by  fraud  or  deceit,  shall  be  deprived  of  such  bene- 
 fices, and  be  made  unable  at  any  time  after  to  receive  any 
 other  spiritual  promotion ;  and  such  as  do  sell  them,  or  by 
 any  colour  do  bestow  them  for  their  own  gain  and  profit, 
 shall  lose  their  right  and  title  of  patronage  and  present- 
 ment for  that  time,  and  the  gift  thereof  for  that  vacation 
 shall  appertain  to  the  [queen's  ^]  majesty. 
 
 XXVII.  Also,  because  through  lack  of  preachers  in  many  2,3- 
 places  of  the  [queen's^]  realms  and  dominions  the  people 
 continue  in  ignorance  and  blindness,  all  parsons,  vicars,  and 
 curates  shall  read  in  their  churches  every  Sunday  one  of  the 
 Homilies,  which  are  and  shall  be  set  forth  for  the  same  pur- 
 pose by  the  [queen's  ^]  authority,  in  such  sort,  as  they 
 shall  be  appointed  to  do  in  the  preface  of  the  same. 
 
 Con-         XXVIII.  Item,  whereas  many  indiscreet  persons  do  at  34. 
 this  day  uncharitably  contemn  and  abuse  priests  and  minis- 
 respect  for  ters  of  the  Church,  because  some  of  them  (having  small 
 
 the  clergy.  «  , 
 
 ^  Om.  king  s. 
 
Lxxviii]    HISTORY  OF  THE  ENGLISH  CHURCH  431 
 
 learning)  have  of  long  time  favoured  fond  phantasies  rather  1559. 
 than  God's  truth  ;  yet  forasmuch  as  their  office  and  function 
 is  appointed  of  God,  the  [queen's  ^]  majesty  willeth  and 
 chargeth  all  [her^]  loving  subjects,  that  from  henceforth 
 they  shall  use  them  charitably  and  reverently  for  their  office 
 and  ministration  sake,  and  especially  such  as  labour  in  the 
 setting  forth  of  God's  holy  word. 
 
 XXIX  ^,  Item,  although  there  be  no  prohibition  by  the  29.  Regu- 
 word  of  God,  nor  any  example  of  the  primitive  Church,  but  concern- 
 that  the  priests  and  ministers  of  the  Church  may  lawfully,  ing  the 
 for  the  avoiding  of  fornication,  have  an  honest  and  sober  ^f^/^e^^^ 
 wife,  and  that  for  the  same  purpose  the  same  was  by  Act  of  clergy. 
 Parliament  in  the  time  of  our  dear  brother  King  Edward  VI 
 made  lawful,  whereupon  a  great  number  of  the  clergy  of 
 this   realm   were   then  married,   and  so  yet  continue  ;  yet 
 because  there  hath  grown  offence,  and  some  slander  to  the 
 Church  by  lack  of  discreet  and  sober  behaviour  in  many 
 ministers  of  the  Church,  both   in   choosing  of  their  wives 
 and  indiscreet    living  with   them,   the   remedy  whereof  is 
 necessary  to  be  sought :  it  is  thought,  therefore,  very  neces- 
 sary that  no  manner  of  priest  or  deacon  shall  hereafter  take  to 
 his  wife  any  manner  of  woman  without  the  advice  and  allow- 
 ance first  had  upon  good  examination  by  the  bishop  of  the 
 same  diocese,  and  two  justices  of  the  peace  of  the  same  shire, 
 dwelling  next  to  the  place  where  the  same  woman  hath  made 
 her  most   abode   before    her   marriage  ;    nor   without   the 
 good  will  of  the  parents  of  the  said  woman,  if  she  have  any 
 living,  or  two  of  the  next  of  her  kinsfolks,   or,   for  lack 
 of  knowledge  of  such,  of  her  master  or  mistress,  where  she 
 serveth.     And  before  he  shall  be  contracted  in  any  place, 
 he  shall  make   a  good  and  certain  proof  thereof  to  the 
 minister,  or  to  the  congregation  assembled  for  that  purpose, 
 
 ^  king's.  2  j^jg 
 
 "  From  this  point  the  Injunctions  are  either  new,  or  re-enactments 
 of  customs  and  regulations  later  than  1547. 
 
432  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxviii 
 
 1559.  which  shall  be  upon  some  holy  day,  where  divers  may  be 
 present.  And  if  any  shall  do  otherwise,  that  then  they  shall 
 not  be  permitted  to  minister  either  the  word  or  the  sacra- 
 ments of  the  Church,  nor  shall  be  capable  of  any  ecclesias- 
 tical benefice.  And  for  the  manner  of  marriages  of  any 
 bishops,  the  same  shall  be  allowed  and  approved  by  the 
 metropolitan  of  the  province,  and  also  by  such  commis- 
 sioners as  the  queen's  majesty  shall  thereunto  appoint. 
 And  if  any  master  or  dean,  or  any  head  of  any  college,  shall 
 purpose  to  marry,  the  same  shall  not  be  allowed,  but  by 
 such  to  whom  the  visitation  of  the  same  doth  properly 
 belong,  who  shall  in  any  wise  provide  that  the  same  tend  not 
 to  the  hindrance  of  their  house. 
 
 30.  The  XXX.  Item,  her  majesty  being  desirous  to  have  the  pre- 
 clergy  to  \^(.y  ^^^  clergy  of  this  realm  to  be  had  as  well  in  outward 
 perly  reverence,  as  otherwise  regarded  for  the  worthiness  of  their 
 apparelled,  ministries,  and  thinking  it  necessary  to  have  them  known  to 
 
 the  people  in  all  places  and  assemblies,  both  in  the  church 
 and  without,  and  thereby  to  receive  the  hqnour  and  estima- 
 tion due  to  the  special  messengers  and  ministers  of  Almighty 
 God,  wills  and  commands  that  all  archbishops  and  bishops, 
 and  all  other  that  be  called  or  admitted  to  preaching  or 
 ministry  of  the  sacraments,  or  that  be  admitted  into  any 
 vocation  ecclesiastical,  or  into  any  society  of  learning  in 
 either  of  the  universities,  or  elsewhere,  shall  use  and  wear 
 such  seemly  habits,  garments,  and  such  square  caps,  as  were 
 most  commonly  and  orderly  received  in  the  latter  year 
 of  the  reign  of  King  Edward  VI ;  not  thereby  meaning 
 to  attribute  any  holiness  or  special  worthiness  to  the  said 
 garments,  but  as  St.  Paul  writeth :  Ofnnia  decejiter  et  secun- 
 dum ordinem  fia?it.     i  Cor.  14  cap. 
 
 31.  Heresy      XXXI.  Item,  that  no  man  shall  wilfully  and  obstinately 
 
 and  error  (jgfe^d  or  maintain  any  heresies,  errors,  or  false  doctrine, 
 not  to  be  ^  .  . 
 
 main-  contrary  to  the  faith  of  Christ  and  His  Holy  Spirit. 
 
 tamed.  XXXII.  Item,   that   no  persons  shall  use  charms,  sor- 
 
Lxxviii]    HISTORY  OF  THE  ENGLISH  CHURCH  433 
 
 ceries,  enchan.ments,  witchcraft,  soothsaying,  or  any  such-      1559. 
 Hke  devihsh  device,  nor  shall  resort  at  any  time  to  the  same  32- 
 
 Charms, 
 
 for  counsel  or  help.  &c.,  for- 
 
 XXXIII.  Item,   that  no  persons   shall,   nedectinsr  their  bidden 
 
 ,  ,     •  33-  Parish- 
 
 own  parish  church,  resort   to  any  other  church  m  time  of  ioners  to 
 
 common  prayer  or  preaching,  except  it  be  by  the  occasion  attend 
 of  some  extraordinary  sermon  in  some  parish  of  the  same  parish 
 town.  church. 
 
 XXXIV.  Item,  that  no  innholders  or  alehouse-keepers  34-  No 
 
 ,     „  ,     '  ......  -  inns  to  sell 
 
 shall  use  to  sell  meat   or  drmk  m   the  time   or  common  j^,  ^ime  of 
 prayer,  preaching,  reading  of  the  Homilies  or  Scriptures.       pubHc 
 
 XXXV.  Item,  that  no  persons  keep  in  their  houses  any  ^^  images, 
 abused  images,  tables,  pictures,  paintings,  and  other  monu-  &c.,  ,not  to 
 ments    of    feigned    miracles,    pilgrimages,    idolatry,    and  privately, 
 superstition. 
 
 XXXVI.  Item,  that  no  man  shall  willingly  let  or  disturb  36  Preach- 
 the  preacher  in  time  of  his  sermon,  or  let  or  discourage  ^^  ^"° 
 any  curate  or  minister   to    sing   or  say  the  divine  service  turbed. 
 now  set  forth ;  nor  mock  or  jest  at  the  ministers  of  such 
 service. 
 
 XXXVII.  Item,  that  no  man  shall  talk  or  reason  of  the  37-  Rash 
 Holy  Scriptures  rashly  or  contentiously,  nor  maintain  any  Scrinture 
 false  doctrine  or  error,  but   shall  commune  of  the    same,  forbidden, 
 when  occasion  is  given,  reverently,  humbly,  and  in  the  fear 
 
 of  God,  for  his  comfort  and  better  understanding. 
 
 XXXVIII.  Item,  that  no  man,  woman,  or  child  shall  be  38.  Or- 
 otherwise  occupied  in  the  time  of  the  service,  than  in  quiet  haviour^in 
 attendance   to  hear,   mark,  and  understand   that   is  read,  church, 
 preached,  and  ministered. 
 
 XXXIX.  Item,  that  every  schoolmaster  and  teacher  shall  39-  Of  the 
 teach  the  Grammar  set  forth  by  King  Henry  VIII  of  noble  Primer. 
 memory,  and  continued  in  the  time  of  King  Edward  VI, 
 
 and  none  other.  q  Teach- 
 
 XL.  Item,  that  no  man  shall  take  upon  him  to  teach,  but  ers  to  be 
 such  as  shall  be  allowed  by  the  ordinary,  and  found  meet  as  qualified 
 
 Ff 
 
434 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxviii 
 
 1559. 
 
 41.  Teach- 
 ing: of 
 children. 
 
 42.  Scrip- 
 ture to  be 
 learnt  by 
 them. 
 
 43.  Irregu- 
 lar priests 
 not  to  be 
 admitted. 
 
 44.  Of 
 
 catechisms 
 in  church. 
 
 45    The 
 cause  of 
 religious 
 suffering 
 to  be 
 certified. 
 46.  Over- 
 seers for 
 church  at- 
 tendance 
 to  be  ap- 
 pointed. 
 
 well  for  his  learning  and  dexterity  in  teaching,  as  for  sober 
 and  honest  conversation,  and  also  for  right  understanding  of 
 God's  true  religion. 
 
 XLI.  Item,  that  all  teachers  of  children  shall  stir  and 
 move  them  to  the  love  and  due  reverence  of  God's  true 
 religion  now  truly  set  forth  by  public  authority. 
 
 XLII.  Item,  that  they  shall  accustom  their  scholars  reve- 
 rently to  learn  such  sentences  of  Scriptures  as  shall  be  most 
 expedient  to  induce  them  to  all  godliness. 
 
 XLIII.  Item,  forasmuch  as  in  these  latter  days  many 
 have  been  made  priests,  being  children,  and  otherwise  utterly 
 unlearned,  so  that  they  could  read  to  say  Matins  or  Mass, 
 the  ordinaries  shall  not  admit  any  such  to  any  cure  or 
 spiritual  function. 
 
 XLIV.  Every  parson,  vicar,  and  curate  shall  upon  every 
 holy  day,  and  every  second  Sunday  in  the  year,  hear  and 
 instruct  all  the  youth  of  the  parish  for  half  an  hour  at  the 
 least  before  evening  prayer,  in  the  Ten  Commandments,  the 
 Articles  of  the  Belief,  and  in  the  Lord's  Prayer,  and  diligently 
 examine  them,  and  teach  the  Catechism  set  forth  in  the 
 book  of  public  prayer. 
 
 XLV.  Item,  that  the  ordinary  do  exhibit  unto  our  visitors 
 their  books,  or  a  true  copy  of  the  same,  containing  the 
 causes  why  any  person  was  imprisoned,  famished,  or  put  to 
 death  for  religion. 
 
 XLVI.  Item,  that  in  every  parish  three  or  four  discreet 
 men,  which  tender  God's  glory,  and  His  true  religion,  shall 
 be  appointed  by  the  ordinaries  diligently  to  see  that  all  the 
 parishioners  duly  resort  to  their  church  upon  all  Sundays  and 
 holy  days,  and  there  to  continue  the  whole  time  of  the  godly 
 service  ;  and  all  such  as  shall  be  found  slack  or  negligent 
 in  resorting  to  the  church,  having  no  great  nor  urgent  cause 
 of  absence,  they  shall  straitly  call  upon  them,  and  after  due 
 admonition  if  they  amend  not,  they  shall  denounce  them  to 
 the  ordinary. 
 
Lxxviii]    HISTORY  OF  THE  ENGLISH  CHURCH  435 
 
 XLVII.  Item,  that  the  churchwardens  of  every  parish  shall      1559. 
 deliver  unto  our  visitors  the  inventories  of  vestments,  copes,  47-   Inven- 
 
 j        1  1  i_       1  1  •   n         /-  -1      tories  of 
 
 and  other  ornaments,  plate,  books,  and  specially  of  grails,  church 
 couchers,  legends,    processionals,   manuals,    hymnals,    por-  furniture 
 tasses,  and  such  like  appertaining  to  their  church.  dehvered. 
 
 XLVIII.  Item,that  weekly  upon  Wednesdays  and  Fridays,  48.  Ser- 
 not  being  holy  days,  the  curate  at  the  accustomed  hours  of  ^'^^^^  ^^^ 
 
 WcdriGs* 
 
 service  shall  resort  to   church,  and    cause  warning  to   be  day  and 
 given  to  the  people  by  knolling  of  a  bell,  and  say  the  Litany  Friday. 
 and  prayers. 
 
 XLIX.  Item,  because  in  divers  collegiate  and  also  some  49.  Choral 
 parish  churches  heretofore  there  have  been  livings  appointed  f?^"<^^- 
 
 "^       ^^  tions  to  be 
 
 for  the  maintenance  of  men  and  children  to  use  singing  in  kept.    The 
 the  church,  by  means  whereof  the  laudable  science  of  music  f^^'^^^f  *° 
 
 be  daily 
 
 has  been  had  in  estimation,  and  preserved  in  knowledge ;  sung.  A 
 the  queen's  majesty  neither  meaning  in  any  wise  the  decay  of  Jj-^"^,^  *° 
 anything  that  might  conveniently  tend  to  the  use  and  con-  lowed, 
 tinuance  of  the  said  science,  neither  to  have  the  same  in  any 
 part  so  abused  in  the  church,  that  thereby  the  common 
 prayer  should  be  the  worse  understanded  of  the  hearers, 
 wills  and  commands,  that  first  no  alterations  be  made 
 of  such  assignments  of  living,  as  heretofore  has  been 
 appointed  to  the  use  of  singing  or  music  in  the  church,  but 
 that  the  same  so  remain.  And  that  there  be  a  modest  and 
 distinct  song  so  used  in  all  parts  of  the  common  prayers  in 
 the  church,  that  the  same  may  be  as  plainly  understanded, 
 as  if  it  were  read  without  singing ;  and  yet  nevertheless  for 
 the  comforting  of  such  that  delight  in  music,  it  may  be  per- 
 mitted, that  in  the  beginning,  or  in  the  end  of  common 
 prayers,  either  at  morning  or  evening,  there  may  be  sung  an 
 hymn,  or  suchlike  song  to  the  praise  of  Almighty  God,  in 
 the  best  sort  of  melody  and  music  that  may  be  conveniently 
 devised,  having  respect  that  the  sentence  of  the  hymn  may 
 be  understanded  and  perceived. 
 
 L.  Item,  because  in  all  alterations,  and  specially  in  rites  ^°"     %}' 
 
 '  5  r  y  gious  dis- 
 
 F  f  2 
 
436 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxviii 
 
 1559.  and  ceremonies,  there  happen  discords  amongst  the  people, 
 f  ""b'dd"  '^  ^"^  thereupon  slanderous  words  and  railings,  whereby 
 charity,  the  knot  of  all  Christian  society,  is  loosed ;  the 
 queen's  majesty  being  most  desirous  of  all  other  earthly 
 things,  that  her  people  should  live  in  charity  both  towards 
 God  and  man,  and  therein  abound  in  good  works,  wills 
 and  straitly  commands  all  manner  her  subjects  to  for- 
 bear all  vain  and  contentious  disputations  in  matters  of 
 religion,  and  not  to  use  in  despite  or  rebuke  of  any  person 
 these  convicious  words,  papist  or  papistical  heretic,  schis- 
 matic or  sacramentary,  or  any  suchlike  words  of  reproach. 
 But  if  any  manner  of  person  shall  deserve  the  accusation  of 
 any  such,  that  first  he  be  charitably  admonished  thereof;  and 
 if  that  shall  not  amend  him,  then  to  denounce  the  offender 
 to  the  ordinary,  or  to  some  higher  power  having  authority 
 to  correct  the  same. 
 
 LI.  Item,  because  there  is  a  great  abuse  in  the  printers 
 of  books,  which  for  covetousness  chiefly  regard  not  what 
 they  print,  so  they  may  have  gain,  whereby  ariseth  great 
 disorder  by  publication  of  unfruitful,  vain,  and  infamous 
 books  and  papers ;  the  queen's  majesty  straitly  charges 
 and  commands^  that  no  manner  of  person  shall  print  any 
 manner  of  book  or  paper,  of  what  sort,  nature,  or  in  what 
 language  soever  it  be,  except  the  same  be  first  licensed  by 
 her  majesty  by  express  words  in  writing,  or  by  six  of  her 
 privy  council;  or  be  perused  and  Hcensed  by  the  arch- 
 bishops of  Canterbury  and  York,  the  Bishop  of  London,  the 
 chancellors  of  both  universities,  the  bishop  being  ordinary, 
 and  the  archdeacon  also  of  the  place,  where  any  such  shall 
 be  printed,  or  by  two  of  them,  whereof  the  ordinary  of  the 
 place  to  be  always  one.  And  that  the  names  of  such  as 
 shall  allow  the  same  to  be  added  in  the  end  of  every  such 
 work,  for  a  testimony  of  the  allowance  thereof.  And  because 
 many  pamphlets,  plays,  and  ballads  be  oftentimes  printed, 
 wherein  regard  would  be  had  that  nothing  therein  should  be 
 
 51.  Print- 
 ing to  be 
 licensed 
 under 
 penalty. 
 
Lxxviii]    HISTORY  OF  THE  ENGLISH  CHURCH  437 
 
 either  heretical,  seditious,  or  unseemly  for  Christian  ears;  1559. 
 her  majesty  likewise  commands  that  no  manner  of  person 
 shall  enterprise  to  print  any  such,  except  the  same  be  to 
 him  licensed  by  such  her  majesty's  commissioners,  or  three 
 of  them,  as  be  appointed  in  the  city  of  London  to  hear  and 
 determine  divers  causes  ecclesiastical,  tending  to  the  execu- 
 tion of  certain  statutes  made  the  last  Parliament  for  uniformity 
 of  order  in  religion.  And  if  any  shall  sell  or  utter  any 
 manner  of  books  or  papers,  being  not  licensed  as  is  above- 
 said,  that  the  same  party  shall  be  punished  by  order  of  the 
 said  commissioners,  as  to  the  quality  of  the  fault  shall  be 
 thought  meet.  And  touching  all  other  books  of  matters  of 
 religion,  or  policy,  or  governance  that  have  been  printed, 
 either  on  this  side  the  seas  or  on  the  other  side,  because  the 
 diversity  of  them  is  great,  and  that  there  needs  good  con- 
 sideration to  be  had  of  the  particularities  thereof,  her  majesty 
 refers  the  prohibition  or  permission  thereof  to  the  order 
 which  her  said  commissioners  within  the  city  of  London 
 shall  take  and  notify.  According  to  the  which  her  majesty 
 straitly  commands  all  manner  her  subjects,  and  especially 
 the  wardens  and  company  of  Stationers,  to  be  obedient. 
 
 Provided  that  these  orders  do  not  extend  to  any  profane 
 authors  and  works  in  any  language,  that  have  been  heretofore 
 commonly  received  or  allowed  in  any  the  universities  or 
 schools,  but  the  same  may  be  printed  and  used  as  by  good 
 order  they  were  accustomed. 
 
 LIL   Item,  ahhough  Almighty  God  is  at  all  times  to  be  52-  Of 
 honoured  with  all  manner  of  reverence  that  may  be  devised  ;  r^^^^^"^^^ 
 
 -'  ^  in  worsnip 
 
 yet  of  all  other  times,  in  time  of  common  prayer  the  same  and  bow- 
 is  most  to  be  regarded  ;  therefore  it  is  to  be  necessarily  ^ol^*  ^  ^ 
 received,  that  in  time  of  the  Litany,  and  all  other  collects  Name, 
 and  common  supphcations  to  Almighty  God,  all  manner  of 
 people  shall  devoutly  and  humbly  kneel  upon  their  knees 
 and  give  ear  thereunto ;  and  that  whensoever  the  name  of 
 Jesus  shall  be  in  any  lesson,  sermon,  or  otherwise  in  the 
 
438 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxviii 
 
 1559, 
 
 53-  All 
 readers  to 
 read  dis- 
 tinctly. 
 
 church  pronounced,  that  due  reverence  be  made  of  all 
 persons  young  and  old,  with  lowliness  of  courtesy  and  un- 
 covering of  heads  of  the  menkind,  as  thereunto  does  neces- 
 sarily belong,  and  heretofore  has  been  accustomed. 
 
 LIII.  Item,  that  all  ministers  and  readers  of  public 
 prayers,  chapters,  and  homilies  shall  be  charged  to  read 
 leisurely,  plainly,  and  distinctly ;  and  also  such  as  are  but 
 mean  readers  shall  peruse  over  before,  once  or  twice,  the 
 chapters  and  homilies,  to  the  intent  they  may  read  to  the 
 better  understanding  of  the  people,  and  the  more  encourage- 
 ment to  godliness. 
 
 The  Oath 
 of  Supre- 
 macy ex- 
 plained 
 
 as  in- 
 volving 
 nothing 
 new. 
 
 whilst 
 
 sinister 
 
 reports 
 
 An  admonition  to  simple  men  deceived  by  malicious. 
 
 The  queen's  majesty  being  informed  that  in  certain  places 
 of  this  realm,  sundry  of  her  native  subjects,  being  called  to 
 ecclesiastical  ministry  of  the  Church,  be  by  sinister  persua- 
 sion and  perverse  construction  induced  to  find  some  scruple 
 in  the  form  of  an  oath,  which  by  an  Act  of  the  last  Parlia- 
 ment is  prescribed  to  be  required  of  divers  persons  for 
 their  recognition  of  their  allegiance  to  her  majesty,  which 
 certainly  never  was  ever  meant,  nor  by  any  equity  of 
 words  or  good  sense  can  be  thereof  gathered ;  would  that 
 all  her  loving  subjects  should  understand  that  nothing  was, 
 is,  or  shall  be  meant  or  intended  by  the  same  oath  to 
 have  any  other  duty,  allegiance,  or  bond  required  by  the 
 same  oath,  than  was  acknowledged  to  be  due  to  the 
 most  noble  kings  of  famous  memory,  King  Henry  VIII, 
 her  majesty's  father,  or  King  Edward  VI,  her  majesty's 
 brother. 
 
 And  further,  her  majesty  forbids  all  manner  her  sub- 
 jects to  give  ear  or  credit  to  such  perverse  and  malicious 
 persons,  which  most  sinisterly  and  maliciously  labour  to 
 notify  to  her  loving  subjects,  how  by  the  words  of  the  said  oath 
 it  may  be  collected,  that  the  kings  or  queens  of  this  realm, 
 
Lxxviii]    HISTORY  OF  THE  ENGLISH  CHURCH  439 
 
 possessors  of  the  crown,  may  challenge  authority  and  power       1559. 
 of  ministry  of  divine  offices  in  the  church  ;  wherein  her  said  ^"^^  "^^^  ^° 
 subjects  be  much  abused  by  such  evil-disposed  persons.    For  as  to  the 
 certainly  her  majesty  neither  does  nor  ever  will  challenge  any  queen's 
 other  authority  than  that  was  challenged  and  lately  used  by 
 the  said  noble  kings  of  famous  memory,  King  Henry  VIII 
 and  King  Edward  VI,  which  is  and  was  of  ancient  time 
 due  to  the  imperial  crown  of  this  realm ;  that  is,  under  God 
 to  have  the  sovereignty  and  rule  over  all  manner  persons 
 born  within  these  her  realms,  dominions,  and  countries,  of 
 what  estate,   either  ecclesiastical  or  temporal,  soever  they 
 be,  so  as  no  other  foreign  power  shall  or  ought  to  have  any 
 superiority  over  them.     And  if  any  person  that  has  con- 
 ceived any  other  sense  of  the  form  of  the  said  oath  shall 
 accept   the    same   oath  with  this   interpretation,  sense,   or 
 meaning,  her  majesty  is  well  pleased  to  accept  every  such 
 in  that  behalf,  as  her  good  and  obedient  subjects,  and  shall 
 acquit  them  of  all  manner  penalties  contained  in  the  said 
 Act  against  such  as  shall  peremptorily  or  obstinately  refuse 
 to  take  the  same  oath. 
 
 jFor  tables  in  the  church. 
 
 Whereas   her  majesty    understands    that   in    many  and  No  altar  is 
 
 sundry  parts  of  the   realm  the  altars   of  the  churches  be  ^°  " 
 
 removed,  and  tables  placed  for  administration  of  the  Holy  without 
 
 Sacrament,    according    to    the   form    of   the    law   therefor  P^°P^^ 
 '         ^         ^  super- 
 
 provided  ;  and  in  some  other  places  the  altars  be  not  yet  vision. 
 
 removed,   upon    opinion    conceived   of  some   other   order 
 
 therein  to  be  taken  by  her  majesty's  visitors  ;  in  the  order 
 
 whereof,  saving  for  an  uniformity,  there  seems  no  matter  of 
 
 great  moment,  so  that  the  Sacrament  be  duly  and  reverently 
 
 ministered ;  yet  for  observation  of  one  uniformity  through 
 
 the  whole  realm,  and  for  the  better  imitation  of  the  law  in 
 
 that  behalf,  it  is  ordered  that  no  altar  be  taken  down,  but 
 
 by  oversight  of  the  curate  of  the  church,  and  the  church- 
 
440 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxviii 
 
 1559. 
 
 The  holy 
 table  to 
 stand 
 where  the 
 altar  stood, 
 saving  at 
 the  cele- 
 bration. 
 
 Regula- 
 tions for 
 the  sacra- 
 mental 
 bread. 
 
 wardens,  or  one  of  them  at  the  least,  wherein  no  riotous  or 
 disordered  manner  to  be  used.  And  that  the  holy  table  in 
 every  church  be  decently  made,  and  set  in  the  place  where 
 the  altar  stood,  and  there  commonly  covered,  as  thereto 
 belongs,  and  a^  shall  be  appointed  by  the  visitors,  and 
 so  to  stand,  saving  when  the  communion  of  the  Sacrament 
 is  to  be  distributed ;  at  which  time  the  same  shall  be  so 
 placed  in  good  sort  within  the  chancel,  as  whereby  the 
 minister  may  be  more  conveniently  heard  of  the  communi- 
 cants in  his  prayer  and  ministration,  and  the  communicants 
 also  more  conveniently  and  in  more  number  communicate 
 with  the  said  minister.  And  after  the  communion  done, 
 from  time  to  time  the  same  holy  table  to  be  placed  where  it 
 stood  before. 
 
 Item,  where  also  it  was  in  the  time  of  King  Edward  VI 
 used  to  have  the  sacramental  bread  of  common  fine  bread, 
 it  is  ordered  for  the  more  reverence  to  be  given  to  these 
 holy  mysteries,  being  the  sacraments  of  the  Body  and  Blood 
 of  our  Saviour  Jesus  Christ,  that  the  same  sacramental  bread 
 be  made  and  formed  plain,  without  any  figure  thereupon, 
 of  the  same  fineness  and  fashion  round,  though  somewhat 
 bigger  in  compass  and  thickness,  as  the  usual  bread  and 
 water,  heretofore  named  singing  cakes,  which  served  for 
 the  use  of  the  private  Mass. 
 
 The  fortn  of  bidding  the  prayers  to  be  used  generally  in 
 this  uniforjn  sort. 
 
 Ye  shall  pray  for  Christ's  Holy  Catholic  Church,  that  is 
 for  the  whole  congregation  of  Christian  people  dispersed 
 throughout  the  whole  world,  and  especially  for  the  Church 
 of  England  and  Ireland.  And  herein  I  require  you  most 
 specially  to  pray  for  the  queen's  most  excellent  majesty,  our 
 sovereign  lady  Elizabeth,  queen  of  England,  France,  and 
 Ireland,  defender  of  the  faith,  and  supreme  governor  of  this 
 
Lxxviii]    HISTORY  OF  THE  ENGLISH  CHURCH  441 
 
 realm  as  well  in  causes  ecclesiastical  as  temporal.  You  1559. 
 shall  also  pray  for  the  ministers  of  God's  holy  word  and 
 sacraments,  as  well  archbishops  and  bishops,  as  other 
 pastors  and  curates.  You  shall  also  pray  for  the  queen's 
 most  honourable  council  and  for  all  the  nobihty  of  this 
 realm,  that  all  and  every  of  these  in  their  calling,  may  serve 
 truly  and  painfully  to  the  glory  of  God  and  edifying  of  His 
 people,  remembering  the  account  that  they  must  make. 
 Also  ye  shall  pray  for  the  whole  Commons  of  this  realm, 
 that  they  may  live  in  true  faith  and  fear  of  God,  in 
 humble  obedience  and  brotherly  charity  one  to  another. 
 Finally,  let  us  praise  God  for  all  those  that  are  departed 
 out  of  this  life  in  the  faith  of  Christ,  and  pray  unto  God 
 that  we  have  grace  for  to  direct  our  lives  after  their 
 good  example,  that  after  this  life  we  with  them  may  be 
 made  partakers  of  the  glorious  resurrection  in  the  life  ever- 
 lasting. 
 
 Aftd  this  done,  show  the  holy-days  and  fastmg  days. 
 
 All  which  and  singular  Injunctions  ^  the  queen's  majesty  The  rati- 
 ministers   unto    her    clergy    and   to    all     other  her  loving  fV^^V*^"  ^^ 
 
 °-'  o  the  Injunc- 
 
 subjects,  straitly  charging  and  commanding  them  to  observe  tions. 
 and  keep  the  same  upon  pain  of  deprivation,  sequestration 
 of  fruits  and  benefices,  suspension,  excommunication,  and 
 such  other  coercion,  as  to  ordinaries,  or  other  having 
 ecclesiastical  jurisdiction,  whom  her  majesty  has  appointed, 
 or  shall  appoint  for  the  due  execution  of  the  same,  shall  be 
 seen  convenient ;  charging  and  commanding  them  to  see 
 these  Injunctions  observed  and  kept  of  all  persons  being 
 under  their  jurisdiction,  as  they  will  answer  to  her  majesty 
 
 '  The  archbishops  and  bishops  afterwards  drew  up  '  Interpreta- 
 tions and  further  Considerations '  of  these  Injunctions  for  the  better 
 direction  of  the  clergy,  which  may  be  seen  collated  with  the  text 
 of  the  Injunctions  here  given  in  CardwelFs  Documentary  Annals,  i. 
 203  209. 
 
442  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxxviii 
 
 1559.  for  the  contrary.  And  her  highness's  pleasure  is,  that  every 
 justice  of  peace  being  required,  shall  assist  the  ordinaries, 
 and  every  of  them,  for  the  due  execution  of  the  said 
 Injunctions. 
 
 LXXIX. 
 
 ELIZABETH'S  SUPREMACY  ACT,  RESTORING 
 ANCIENT  JURISDICTION,  a.  d.   1559. 
 
 1  Elizabeth,  cap.  1. 
 
 1559.  This  Act — frequently  referred  to   in  the  introductory  words   to 
 
 previous  documents — was  passed  in  January,  1559.  It  revives  ten 
 Acts  subsequent  to  22  Hen.  VIII,  and  one  of  Edward  VI ;  it  confirms 
 the  repeal  of  six  Acts  of  Henry  VIII,  and  repeals  the  Heresy  Act  of 
 Philip  and  Mary  {ante,  No.  LXXV)  and  the  repealing  Statute  of 
 those  sovereigns  {ante,  No.  LXXVI). 
 
 [Transcr.  Statutes  of  the  Realm,  iv.  pt.  i.  p.  350.] 
 
 Recital  of       Most  humbly  beseech  your  most  excellent  majesty,  your 
 proceed-     faithful  and  obedient  subjects,  the  Lords  spiritual  and  tem- 
 
 ings  under  .  . 
 
 Henry        poral,  and  the  Commons,  m  this  your  present  Parliament 
 
 VIII  and     assembled,  that  where  in  time  of  the  rei.^n  of  your  most 
 Mary  m  <=>  j 
 
 making       dear  father,  of  worthy  memory.   King  Henry  VIII,  divers 
 
 and  repeal-  good  laws  and  Statutes  were  made  and  established,  as  well 
 
 ing  laws       ° 
 
 dealing       for  the  Utter  extinguishment  and  putting  away  of  all  usurped 
 
 with  eccle-  ^^^  foreign  powers  and  authorities  out  of  this  your  realm, 
 matters.  and  Other  your  highness's  dominions  and  countries,  as  also 
 v/  for  the  restoring  and  uniting  to  the  imperial  crown  of  this 
 realm  the  ancient  jurisdictions,  authorities,  superiorities,  and 
 pre-eminences  to  the  same  of  right  belonging  and  appertain- 
 ing, by  reason  whereof  we,  your  most  humble  and  obedient 
 subjects,  from  the  five-and-twentieth  year  of  the  reign  of 
 your  said  dear  father,  were  continually  kept  in  good  order, 
 and  were  disburdened  of  divers  great  and  intolerable 
 charges  and  exactions  before  that  time  unlawfully  taken 
 and  exacted  by  such  foreign  power  and  authority  as  before 
 
Lxxix]     HISTORY  OF  THE  ENGLISH  CHURCH  443 
 
 that  was  usurped,  until  such  time  as  all  the  said  good  laws  1559. 
 and  statutes,  by  one  Act  of  Parliament  made  in  the  first  and 
 second  years  of  the  reigns  of  the  late  King  Philip  and 
 Queen  Mary,  your  highness's  sister,  intituled  an  Act  repeal- 
 ing all  statutes,  articles,  and  provisions  made  against  the 
 See  Apostolic  of  Rome  since  the  twentieth  year  of  King 
 Henry  VIII,  and  also  for  the  establishment  of  all  spiritual 
 and  ecclesiastical  possessions  and  hereditaments  conveyed 
 to  the  laity,  were  all  clearly  repealed  and  made  void,  as  by 
 the  same  Act  of  repeal  more  at  large  does  and  may  appear ; 
 by  reason  of  which  Act  of  repeal,  your  said  humble  subjects 
 were  eftsoons  brought  under  an  usurped  foreign  power  and 
 authority,  and  do  yet  remain  in  that  bondage,  to  the 
 intolerable  charges  of  your  loving  subjects,  if  some  redress, 
 by  the  authority  of  this  your  High  Court  of  Parliament, 
 with  the  assent  of  your  highness,  be  not  had  and  pro- 
 vided : 
 
 May  it  therefore  please  your  highness,  for  the  repressing  Repeal  of 
 of  the  said  usurped  foreign  power  and  the  restoring  of  the  of^rep^eal'^ 
 rites,  jurisdictions,  and  pre-eminences  appertaining  to  the  {ante,  No. 
 imperial  crown  of  this  your  realm,  that  it  may  be  enacted  by  ^' 
 
 the  authority  of  this  present  Parliament,  that  the  said  Act 
 made  in  the  said  first  and  second  years  of  the  reigns  of  the 
 said  late  King  Philip  and  Queen  Mary,  and  all  and  every 
 branch,  clauses,  and  articles  therein  contained  (other  than 
 such  branches,  clauses,  and  sentences  as  hereafter  shall  be 
 excepted)  may,  from  the  last  day  of  this  session  of  Parlia- 
 ment, by  authority  of  this  present  Parliament,  be  repealed, 
 and  shall  from  thenceforth  be  utterly  void  and  of  none 
 effect. 
 
 And  that  also  for  the  reviving  of  divers  of  the  said  good  Revival 
 laws  and  statutes  made  in  the  tirne  of  your  said  dear  father,  fouJ^j^e- 
 it  may  also  please  your  highness,  that  one  Act  and  statute  statutes  ; 
 made  in  the  twenty-third  year  of  the  reign  of  the  said  late  y^ttj   "' 
 King  Henry  VIII,  intituled.  An  Act  that  no  person  shall  be 
 
444  DOCUMENTS  ILLUSTRATIVE   OF  THE      [lxxix 
 
 1559.      cited  out  of  the  diocese  wherein  he  or    she  dwells,  except 
 in  certain  cases ; 
 
 24  Hen.  And  one  other  Act  made  in  the  twenty-fourth  year  of  the 
 ant'  ^N^^  leign  of  the  said  late  King,  intituled,  An  Act  that  appeals 
 
 L).  in  such  cases  as  have  been  used  to  be  pursued  to  the  see 
 
 of  Rome  shall  not  be  from  henceforth  had  nor  used,  but 
 
 within  this  realm ; 
 
 23  Hen.  And  one  other  Act  made  in  the  twenty-fifth  ^  year  of  the 
 
 (ant '  'n^*^  ^^^^  ^^^^  King,  concerning  restraint  of  payment  of  annates 
 
 XLIX).       and  firstfruits  of  archbishoprics   and  bishoprics   to  the  see 
 
 of  Rome ; 
 
 25  Hen.  And  one  other  Act  in  the  said  twenty-fifth  year,  intituled, 
 V'  ^^T^^  An  Act  concerning  the   submission  of  the  clergy  to  the 
 
 \ante.  No.  °  °-^ 
 
 LI).  king's  majesty ; 
 
 25  Hen.  And  also  one  Act  made  in  the  said  twenty-fifth  year, 
 
 ^^'^\'\^^  intituled.  An  Act  restraining  the   payment  of  annates   or 
 
 {^ante^  No.  .  ^  ^     •' 
 
 LH  .  firstfruits  to  the  Bishop  of  Rome,  and  of  the  electing  and 
 
 consecrating  of  archbishops  and  bishops  within  this  realm ; 
 
 25  Hen.  And  one  other  Act  made  in  the  said  twenty-fifth  year, 
 (ante  ^No^  intituled,  An  Act  concerning  the  exoneration  of  the  king's 
 LHI).         subjects  from  exactions  and  impositions  heretofore  paid  to 
 
 the  see  of  Rome,  and  for  having  licences  and  dispensations 
 within  this  realm,  without  suing  further  for  the  same ; 
 
 26  Hen.  And  one  other  Act  made  in  the  twenty-sixth  year  of  the 
 {ante  ^No^  ^^^^  ^^^^  king,  intituled,  An  Act  for  nomination  and  conse- 
 LIX).          cration  of  suffragans  within  this  realm  ; 
 
 28  Hen.  And  also  one  other  Act  made  in  the  twenty-eighth  year 
 
 VHI,  c.  16.  q|-  ^^  reign  of  the  said  late  king,  intituled.  An  Act  for  the 
 
 release  of  such  as  have  obtained  pretended  licences  and 
 
 dispensations  from  the  see  of  Rome  ; 
 
 And  all  and  every  branches,   words,  and  sentences  in 
 
 the  said  several  Acts  and  statutes  contained,  by  authority 
 
 of  this  present  Parliament,  from  and  at  all  times  after  the 
 
 '  This  Act,  printed  as  23  Hen.  VIII,   cap.  20,   did  not  receive  the 
 Royal  Assent  till  25  Hen.  VIII. 
 
Lxxix]      HISTORY  OF  THE  ENGLISH  CHURCH  445 
 
 last  day  of  this  session  of  Parliament,  shall  be  revived,  and      1559.. 
 shall  stand  and  be  in  full  force  and  strength,  to  all  intents, 
 constructions,  and  purposes. 
 
 And  that  the  branches,  sentences,  and  words  of  the  said  The  words 
 several  Acts,  and  every  of  them,  from  thenceforth  shall  and  statutes  to 
 may  be  judged,  deemed,  and  taken  to  extend  to  your  high-  apply 
 
 ,     .  1  r  11  J  1  1  absolutely 
 
 ness,  your  heirs  and  successors,  as  fully  and  largely  as  ever  ^^  ^^^  ^^^^ 
 the  same  Acts,  or  any  of  them,  did  extend  to  the  said  late  queen. 
 King  Henry  VIII,  your  highness's  father. 
 
 And  that  it  may  also  please  your  highness,  that  it  may  be  Parts  of 
 enacted  by  the  authority  of  this  present  Parliament,  that  so  ^^^  yjjj 
 much  of  one  Act  or  statute  made  in  the  thirty-second  year  c  38,  not 
 of  the  reign  of  your  said  dear  father  King  Henry  VIII,  ^y^^^^ 
 intituled.  An  Act  concerning  precontracts  of  marriages,  and  Edw.  VI. 
 touching  degrees  of  consanguinity,  as  in  the  time  of  the  late  [^^6^X0^37 
 King  Edward  VI,  your  highness's  most  dear  brother,  by  one  Hen.  VIII, 
 other  Act  or  statute,  was  not  repealed ;  and  also  one  Act  revived 
 made  in  the  thirty-seventh  year  of  the  reign  of  the  said  late  and  en- 
 King  Henry  VIII,  intituled,  An  Act   that   doctors  of  the  ^°'''^^'^- 
 civil  law,  being  married,  may  exercise  ecclesiastical  jurisdic- 
 tion;  and  all  and  every  branches  and  articles  in  the  said 
 two  Acts  last  mentioned,  and  not  repealed  in  the  time  of  the 
 said  late  King  Edward  VI,  may  from  henceforth  likewise 
 stand  and  be  revived,  and  remain  in  their  full  force  and 
 strength,  to  all  intents  and  purposes ;  anything  contained 
 in  the  said  Act  of  repeal  before  mentioned,  or  any  other 
 matter  or  cause  to  the  contrary  notwithstanding. 
 
 And  that  it  may  also  please  your  highness,  that  it  may  Allstatutes 
 be  further  enacted  by  the  authority  aforesaid,  that  all  other  Act  of 
 laws  and  statutes,  and  the  branches  and  clauses  of  any  Act  repeal 
 
 not  being' 
 
 or  statute,  repealed  and   made  void  by  the  said    Act  of  he 
 
 lere  men- 
 
 repeal,  made  in  the  time  of  the  said  late  Kiner  Philip  and  tioned  as 
 
 .  being 
 
 Queen  Mary,  and  not  in  this  present  Act  specially  men-  revived, 
 tioned  and  revived,  shall  stand,  remain,  and  be  repealed  shall  con- 
 
 ,     _         tinue  re- 
 
 and  void,  in  such  like  manner  and  form  as  they  were  before  pealed. 
 
446  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxxix 
 
 1559.       the  making  of  this  Act ;  anything  herein  contained  to  the 
 
 contrary  notwithstanding. 
 
 Revival  of       And  that  it  may  also  please  your  highness,  that  it  may  be 
 
 ^'^^  f '^rl^^^  enacted  by  the  authority  aforesaid,  that  one  Act  and  statute 
 
 I  Ed.  VI,  -^  -^  . 
 
 c.  I  {ante,    made  in  the  first  year  of  the  reign  of  the  late  King  Ed- 
 
 ?^^-  ward  VI,  your  majesty's  most  dear  brother,  intituled,  An  Act 
 
 against        against    such   persons  as  shall  unreverently  speak  agamst 
 
 revilers       ^\^q  Sacrament  of  the  Body  and  Blood  of  Christ,  commonly 
 
 of  the 
 
 Sacrament,  called  the  Sacrament  of  the  altar,  and  for  the  receiving 
 thereof  under  both  kinds,  and  all  and  every  branches, 
 clauses,  and  sentences  therein  contained,  shall  and  may 
 likewise,  from  the  last  day  of  this  session  of  Parliament,  be 
 revived,  and  from  thenceforth  shall  and  may  stand,  remain, 
 and  be  in  full  force,  strength,  and  effect,  to  all  intents,  con- 
 structions, and  purposes,  in  such  like  manner  and  form  as 
 the  same  was  at  any  time  in  the  first  year  of  the  reign  of 
 the  said  late  King  Edward  VI ;  any  law,  statute,  or  other 
 matter  to  the  contrary  in  any  wise  notwithstanding. 
 A  repeal  And  that  also  it  may  please  your  highness,  that  it  may 
 
 of  the  ]^g  further  established  and  enacted  by  the  authority  afore- 
 I &2 Philip  said,  that  one  Act  and  statute  made  in  the  first  and  second 
 •^  ^^'"^'^  ^  years  of  the  said  late  King  Philip  and  Queen  Mary,  in- 
 LXXV),      tituled.  An  Act  for  the  reviving  of  three  statutes  made  for 
 
 reviving      ^^iq  punishment  of  heresies,  and  also  the  said  three  statutes 
 
 the  Heresy  ^ 
 
 Acts.  mentioned  in  the  said  Act,  and  by  the  same  Act  revived, 
 
 and  all  and  every  branches,  articles,  clauses,  and  sentences 
 contained  in  the  said  several  Acts  and  statutes,  and  every 
 of  them,  shall  be  from  the  last  day  of  this  session  of  Parlia- 
 ment deemed  and  remain   utterly  repealed,  void,   and  of 
 none  effect,  to  all  intents  and  purposes ;    anything  in  the 
 said  several  Acts  or  any  of  them  contained,  or  any  other 
 matter  or  cause  to  the  contrary  notwithstanding. 
 All  foreign      And  to  the  intent  that  all  usurped  and  foreign  power 
 authority    ^^^   authority,   spiritual   and   temporal,  may   for   ever   be 
 queen  s       clearly  extinguished;  and  never  to  be  used  or  obeyed  within 
 
Lxxix]      HISTORY  OF  THE  ENGLISH  CHURCH  447 
 
 this  realm,  or  any  other  your  majesty's  dominions  or  coun-  1559. 
 tries,  may  it  please  your  highness  that  it  may  be  further  dominions 
 enacted  by  the  authority  aforesaid,  that  no  foreign  prince, 
 person,  prelate,  state,  or  potentate,  spiritual  or  temporal, 
 shall  at  any  time  after  the  last  day  of  this  session  of  Parlia- 
 ment, use,  enjoy,  or  exercise  any  manner  of  power,  jurisdic- 
 diction,  superiority,  authority,  pre-eminence  or  privilege, 
 spiritual  or  ecclesiastical,  within  this  realm,  or  within  any 
 other  your  majesty's  dominions  or  countries  that  now  be, 
 or  hereafter  shall  be,  but  from  thenceforth  the  same  shall 
 be  clearly  abolished  out  of  this  realm,  and  all  other  your 
 highness's  dominions  for  ever ;  any  statute,  ordinance, 
 custom,  constitutions,  or  any  other  matter  or  cause  what- 
 soever to  the  contrary  in  any  wise  notwithstanding. 
 
 And  that  also  it  may  likewise  please  your  highness,  that  Ecclesias- 
 it  may  be  established  and  enacted  by  the  authority  afore-  ^'.^^!  J""^' 
 said,  that  such  jurisdictions,  privileges,   superiorities,   and  annexed 
 pre-eminences,  spiritual  and  ecclesiastical,  as  by  any  spiritual  ^°  *^^ 
 or  ecclesiastical  power  or  authority  have  heretofore  been,  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  enormi- 
 ties, shall  for  ever,  by  authority  of  this  present  Parliament, 
 be  united  and  annexed  to  the  imperial  crown  of  this  realm. 
 
 And  that  your  highness,  your  heirs  and  successors,  kings  The  queen 
 or  queens  of  this  realm,  shall  have  full  power  and  authority  mayassign 
 
 .  commis- 
 
 by  virtue  of  this  Act,  by  letters  patent  under  the  great  seal  sioners  to 
 of  England,  to  assign,  name,  and  authorize,  when  and  as  exercise 
 
 .  ecclesias- 
 
 often  as  your  highness,  your  heirs  or  successors,  shall  think  tical  juris- 
 meet  and  convenient,  and  for  such  and  so  long  time  as  diction, 
 shall  please  your  highness,  your  heirs  or  successors,  such 
 person  or  persons  being  natural-born  subjects  to  your  high- 
 ness, your  heirs  or  successors,  as  your  majesty,  your  heirs 
 or  successors,  shall  think  meet,  to  exercise,  use,  occupy,  and 
 
448  DOCUMENTS  ILLUSTRATIVE   OF   THE      [lxxix 
 
 1559.  execute  under  your  highness,  your  heirs  and  successors,  all 
 manner  of  jurisdictions,  privileges,  and  pre-eminences,  in 
 any  wise  touching  or  concerning  any  spiritual  or  ecclesias- 
 tical jurisdiction,  within  these  your  realms  of  England  and 
 Ireland,  or  any  other  your  highness's  dominions  or  coun- 
 tries ;  and  to  visit,  reform,  redress,  order,  correct,  and 
 amend  all  such  errors,  heresies,  schisms,  abuses,  offences, 
 contempts,  and  enormities  whatsoever,  which  by  any  manner 
 spiritual  or  ecclesiastical  power,  authority,  or  jurisdiction, 
 can  or  may  lawfully  be  reformed,  ordered,  redressed,  cor- 
 rected, restrained,  or  amended,  to  the  pleasure  of  Almighty 
 God,  the  increase  of  virtue,  and  the  conservation  of  the 
 peace  and  unity  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  patent  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  patent,  under  your  highness, 
 your  heirs  and  successors,  to  exercise,  use,  and  execute  all 
 the  premises,  according  to  the  tenor  and  effect  of  the  said 
 letters  patent ;  any  matter  or  cause  to  the  contrary  in  any 
 wise  notwithstanding. 
 By  whom        And  for  the  better  observation  and  maintenance  of  this 
 
 the  oath  of  ^^j.    j^^^     jl-  pig^se  your  highness  that  it  may  be  further 
 supremacy  ^  j  \.  j  o        ^  j 
 
 is  to  be  enacted  by  the  authority  aforesaid,  that  all  and  every  arch- 
 taken,  bishop,  bishop,  and  all  and  every  other  ecclesiastical  person, 
 and  other  ecclesiastical  officer  and  minister,  of  what  estate, 
 dignity,  pre-eminence,  or  degree  soever  he  or  they  be  or 
 shall  be,  and  all  and  every  temporal  judge,  justice,  mayor, 
 and  other  lay  or  temporal  officer  and  minister_,  and  every 
 other  person  having  your  highness's  fee  or  wages,  within 
 this  realm,  or  any  your  highness's  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 
 
Lxxix]     HISTORY  OF  THE  ENGLISH  CHURCH  449 
 
 assign  and  name,  to  accept  and  to  take  the  same  according      1559 
 to  the  tenor  and  effect  hereafter  following,  that  is  to  say : 
 
 '  I,  A.  B.,  do  utterly  testify  and  declare  in  my  conscience.  Form  of 
 that  the  queen's  highness  is  the  only  supreme  governor  of  ^  °^  • 
 this  realm,  and  of  all  other  her  highness's  dominions  and 
 countries,  as  well  in  all  spiritual  or  ecclesiastical  things  or 
 causes,  as  temporal,  and  that  no  foreign  prince,  person, 
 prelate,  state  or  potentate,  has,  or  ought  to  have,  any  juris- 
 diction, power,  superiority,  pre-eminence,  or  authority 
 ecclesiastical  or  spiritual,  within  this  realm  ;  and  therefore 
 I  do  utterly  renounce  and  forsake  all  foreign  jurisdictions, 
 powers,  superiorities,  and  authorities,  and  do  promise  that 
 from  henceforth  I  shall  bear  faith  and  true  allegiance  to  the 
 queen's  highness,  her  heirs  and  lawful  successors,  and  to 
 my  power  shall  assist  and  defend  all  jurisdictions,  pre- 
 eminences, privileges,  and  authorities  granted  or  belonging 
 to  the  queen's  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  be  also  enacted,  that  if  any  such  arch-  Penalty  for 
 bishop,  bishop,  or  other  ecclesiastical  officer  or   minister,  ^^^^  ^^^^ 
 or  any  of  the  said  temporal  judges,  justiciaries,  or  other  refuse  the 
 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  has  solely  at   the  time    of  such  refusal  made; 
 and  that  the  whole  title,  interest,  and  incumbency,  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  Those 
 so  refusinsr  to  take  the  said  oath,  shall  immediately  after  r^^^^i"^' 
 
 ■^  incapable 
 
 such  refusal  be  from  thenceforth,  during  his  hfe,  disabled  of  holding 
 
450  DOCUMENTS  ILLUSTRATIVE   OF  THE      [lxxix 
 
 1559.      to  retain  or  exercise  any  office  or  other  promotion  which 
 office  con-  j^g   ^^  |.}^g  ^j^.^^^  ^^  g^^}^  refusal,  has  jointly,  or  in  common, 
 
 jointly.  .  '  J  yj  ) 
 
 with  any  other  person  or  persons. 
 The  oath         And  that  all  and  every  person  and  persons,  that  at  any 
 taken  ^^^^^  hereafter  shall  be  preferred,  promoted,  or  collated  to 
 
 before         any  archbishopric   or   bishopric,  or  to  any  other  spiritual 
 on  office      ^^    ecclesiastical    benefice,    promotion,    dignity,    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's  dominions,  before  he    or  they  shall    take 
 upon   him   or  them   to    receive,    use,   exercise,   supply,   or 
 occupy  any  such  archbishopric,  bishopric,  promotion,  dig- 
 nity, 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  commis- 
 sion  under  the  great  seal  of  England,  shall   be   named, 
 assigned,  or  appointed  to  minister  the  said  oath. 
 Any  pro-         And   that   it   may  likewise    be  further   enacted  by  the 
 &c  \rid      authority  aforesaid,  that  if  any  such  person  or  persons,  as 
 obstinately  at   any    time  hereafter   shall    be   promoted,    preferred,    or 
 [ncaoalfle    collated  to  any  such  promotion  spiritual  or  ecclesiastical, 
 of  taking     benefice,  office,  or  ministry,  or  that  by  your  highness,  your 
 °    ^^'  heirs  or  successors,  shall  be  promoted  or  preferred  to  any 
 
 temporal  or  lay  office,  ministry,  or  service,  shall  and  do 
 peremptorily  and  obstinately  refuse  to  take  the  same  oath 
 so  to  him  to  be  offered ;  that  then  he  or  they  so  refusing 
 shall  presently  be  judged  disabled  in  the  law  to  receive, 
 take,  or  have  the  same  promotion  spiritual  or  ecclesiastical, 
 the  same  temporal  office,  ministry,  or  service  within  this 
 realm,  or  any  other  your  highness's  dominions,  to  all  intents, 
 constructions,  and  purposes. 
 
Lxxix]     HISTORY  OF  THE  ENGLISH  CHURCH  451 
 
 And  that  it  may  be  further  enacted  by  the  authority      1559. 
 aforesaid,  that  all  and  every  person  and  persons  temporal,  Persons 
 suing  livery  or  ouster  le  main   out   of  the   hands  of  your  Hvery  of 
 highness,  your  heirs  or  successors,  before  his  or  their  livery  lands, 
 or  ouster  le  main  sued  forth  and  allowed,  and  every  tem-  homac-e, 
 poral  person  or  persons  doing  any  homage  to  your  highness,  or  entering 
 your  heirs  or  successors,  or  that  shall  be  received  into  ser-  queen's 
 vice  with  your  highness,  your  heirs  or  successors,  shall  make,  service, 
 take,  and  receive  the  said  corporal  oath  before  mentioned,  ^j^^  ^^^^j^ 
 before  the  lord  chancellor  of  England,  or  the  lord  keeper 
 of  the  great  seal  for  the  time  being,  or  before  such  person  or 
 persons  as  by  your  highness,  your  heirs  or  successors,  shall 
 be  named  and  appointed  to  accept  or  receive  the  same. 
 
 And  that  also  all  and  every  person  and  persons  taking  Those 
 orders,  and  all  and  every  other  person  and  persons  which  Yio\^ 
 shall  be  promoted  or  preferred  to  any  degree  of  learning  Orders  or 
 in  any   university   within   this    your   realm    or   dominions,  ^e^T-ees*"^ 
 before   he  shall    receive   or  take  any  such  orders,   or  be  shall  take 
 preferred  to  any  such  degree  of  learning,  shall  make,  take, 
 and  receive  the  said  oath  by  this  Act  set  forth  and  declared 
 as  is  aforesaid,  before  his   or  their  ordinary,  commissary, 
 chancellor  or  vice-chancellor,   or  their  sufficient  deputies 
 in  the  said  university. 
 
 Provided  always,  and  that  it  may  be  further  enacted  by  Those  who 
 the   authority    aforesaid,    that    if  any  person,   having   any  \^^^^^  ^^d 
 estate  of  inheritance  in  any  temporal  office  or  offices,  shall  then 
 hereafter  obstinately  and  peremptorily  refuse  to  accept  and  ^^^^ 
 take  the  said  oath  as  is  aforesaid,  and  after,  at  any  time 
 during  'his  life,  shall  willingly  require  to  take  and  receive 
 the  said  oath,  and  so  do  take  and  accept  the  same  oath 
 before  any  person  or  persons  that  shall  have  lawful  authority 
 to  minister  the  same ;  that  then  every  such  person,  imme- 
 diately after  he  has  so  received  the  same  oath,  shall  be 
 vested,  deemed,  and  judged  in  like  estate  and  possession 
 of  the  said  office,  as  he  was  before  the  said  refusal,  and 
 
 Gg  2 
 
452  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxix 
 
 1559.  shall  and  may  use  and  exercise  the  said  office  in  such 
 manner  and  form  as  he  should  or  might  have  done  before 
 such  refusal,  anything  in  this  Act  contained  to  the  contrary 
 in  any  wise  notwithstanding. 
 Penalty  for  And  for  the  more  sure  observation  of  this  Act,  and  the 
 ing  foreio-n  "^^^^  extinguishment  of  all  foreign  and  usurped  power  and 
 authority,  authority,  may  it  please  your  highness,  that  it  may  be 
 further  enacted  by  the  authority  aforesaid,  that  if  any 
 person  or  persons  dwelling  or  inhabiting  within  this  your 
 realm,  or  in  any  other  your  highness's  realms  or  dominions, 
 of  what  estate,  dignity,  or  degree  soever  he  or  they  be, 
 after  the  end  of  thirty  days  next  after  the  determination 
 of  this  session  of  this  present  Parliament,  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  what- 
 soever, heretofore  claimed,  used,  or  usurped  within  this 
 realm,  or  any  dominion  or  country  being  within  or  under 
 the  power,  dominion,  or  obeisance  of  your  highness,  or 
 shall  advisedly,  maliciously,  and  directly  put  in  ure  or 
 execute  anything  for  the  extolling,  advancement,  setting  forth, 
 maintenance,  or  defence  of  any  such  pretended  or  usurped 
 jurisdiction,  power,  pre-eminence,  or  authority,  or  any  part 
 thereof;  that  then  every  such  person  and  persons  so  doing 
 and  offending,  their  abettors,  aiders,  procurers,  and  coun- 
 sellors, being  thereof  lawfully  convicted  and  attainted, 
 according  to  the  due  order  and  course  of  the  common  laws 
 of  this  realm,  for  his  or  their  first  offence  shall  forfeit 
 and  lose  unto  your  highness,  your  heirs  and  successors, 
 all  his  and  their  goods  and  chattels,  as  well  real  as 
 personal. 
 Persons  And  if  any  such  person  so  convicted  or  attainted  shall 
 
 RoodsTo"^  not  have  or  be  worth  of  his  proper  goods  and  chattels  to 
 
Lxxix]     HISTORY  OF  THE  ENGLISH  CHURCH  453 
 
 the  value  of  twenty  pounds,  at  the  time  of  his  conviction       1559. 
 
 or  attainder,  that  then  every  such  person  so  convicted  and  '^^^  ^^^"^ 
 
 attainted,   over  and  besides  the  forfeiture  of  all  his  said  penalty, 
 
 goods  and  chattels,  shall  have  and  suffer  imprisonment  by  '°.^^  ^'"■ 
 
 the  space  of  one  whole  year,  without  bail  or  mainprize.  P^^sone 
 
 And  that  also  all  and  every  the  benefices,  prebends,  and  Ecclesias- 
 
 other  ecclesiastical  promotions   and  disunities  whatsoever,  ^}'^^}  '^^Y^ 
 
 -  .  .  °  '  lorfeited 
 
 ot  every  spiritual  person  so  offending,  and  being  attainted,  for  ofiend- 
 
 shall  immediately  after  such  attainder  be  utterly  void  to  '??  T*^^^ 
 
 all  mtents  and  purposes,  as  though  the  incumbent  thereof 
 
 were  dead ;   and  that  the  patron  and  donor  of  every  such 
 
 benefice,  prebend,  spiritual  promotion  and  dignity,  shall  and 
 
 may  lawfully  present  linto  the  same,  or  give  the  same,  in 
 
 such  manner  and  form  as  if  the  said  incumbent  were  dead. 
 
 And  if  any  such  offender  or  offenders,  after  such  convic-  Penaltyfor 
 tion  or  attainder,  do  eftsoons  commit  or  do  the  said  offences,  ^  second 
 or  any  of  them,  in  manner  and  form  aforesaid,  and  be 
 thereof  duly  convicted  and  attainted,  as  is  aforesaid ;  that 
 then  every  such  offender  and  offenders  shall  for  the  same 
 second  offence  incur  into  the  dangers,  penalties,  and  for- 
 feitures ordained  and  provided  by  the  statute  of  Provision 
 and  PrcEfjiunire^  made  in  the  sixteenth  year  of  the  reign 
 of  King  Richard  II. 
 
 And  if  any  such  offender  or  offenders,  at  any  time  after  Penaltyfor 
 
 the   said   second   conviction   and  attainder,  do  the  third  ^  ^^^^*^ 
 
 time  commit  and  do  the  said  offences,  or  any  of  them,  high^^" 
 
 in  manner  and  form  aforesaid,  and  be  thereof  duly  con-  treason. 
 
 victed  and  attainted,  as  is  aforesaid ;  that  then  every  such 
 
 offence  or  offences  shall  be  deemed  and  adjudged  high 
 
 treason,  and  that  the  offender  and  offenders  therein,  being 
 
 thereof  lawfully  convicted  and  attainted,  according  to  the 
 
 laws  of  this  realm,  shall  suffer  pains  of  death,  and  other 
 
 penalties,  forfeitures,  and  losses,  as  in  cases  of  high  treason 
 
 by  the  laws  of  this  realm. 
 
 And  also  that  it  may  likewise  please  your  hio-hness,  that  Within 
 
 ■'*=*'  what  time 
 
454  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxix 
 
 1559.      it   may   be   enacted   by  the   authority  aforesaid,    that   no 
 an  oftender  manner  of  person  or  persons  shall  be  molested  or  impeached 
 be  im-         ^r  any  of  the  offences  aforesaid  committed  or  perpetrated 
 peached,     only  by  preaching,  teaching,  or  words,  unless  he  or  they  be 
 thereof  lawfully  indicted  within  the  space  of  one  half-year 
 next  after  his  or  their  offences  so  committed ;  and  in  case 
 any  person  or  persons  shall  fortune  to  be  imprisoned  for 
 any  of  the  said  offences  committed  by  preaching,  teaching, 
 or  words  only,  and  be  not  thereof  indicted  within  the  space 
 of  one  half-year  next   after  his  or  their  such  offence  so 
 committed  and   done,   that  then  the  said    person    so   im- 
 prisoned shall  be  set  at  liberty,  and  be  no  longer  detained 
 in  prison  for  any  such  cause  or  offence. 
 All  things       Provided  always,   and    be  it   enacted    by  the   authority 
 ouc  uig     aforesaid,    that    this  Act,    or   anything   therein    contained, 
 munire,       shall  not  in  any  wise  extend  to  repeal  any  clause,  matter, 
 PhT     ^  d  ^^  sentence  contained  or  specified  in  the  said  Act  of  repeal 
 Mary,  c.  8,  made  in  the  said  first  and  second  years  of  the  reigns  of 
 o^con-        ^^  g^-^  l^^g  King  Philip  and  Queen  Mary,  as  does  in  any 
 lorce.  wise  touch  or  concern  any  matter  or  case  of  PrcBmunire^  or 
 
 that  does  make  or  ordain  any  matter  or  cause  to  be  within 
 the  case  of  Frce??iunire  ;  but  that  the  same,  for  so  much  only 
 as  touches  or  concerns  any  case  or  matter  of  Prce?nuni7'e, 
 shall  stand  and  remain  in  such  force  and  effect  as  the  same 
 was  before  the  making  of  this  Act,  anything  in  this  Act  con- 
 tained to  the  contrary  in  any  wise  notwithstanding. 
 Proviso  Provided  also,  and  be  it  enacted  by  the  authority  aforesaid, 
 
 lor  those     ^Y\^^  this  Act,  or  anything  therein  contained,  shall  not  in  any 
 within  a      wise  extend  or  be  prejudicial  to  any 'person  or  persons  for 
 
 certain        ^^^  ofifence  or  offences  committed  or  done,  or  hereafter  to 
 
 time,  ■' 
 
 offend         be  committed  or  done,  contrary  to  the  tenor  and  effect  of 
 
 under         ^^j^y  ^^.j-  qj-  statute  now  revived  by  this  Act,  before  the  end 
 
 statutes  •'  .  ^    ,  . 
 
 now  re-      of  thirty  days  next  after  the  end  of  the  session  of  this  present 
 
 vived.         Parliament ;  anything  in  this  Act  contained  or  any  other 
 
 matter  or  cause  to  the  contrary  notwithstanding. 
 
Lxxix]      HISTORY  OF  THE  ENGLISH  CHURCH  455 
 
 And  if  it  happen  that  any  peer  of  this  realm  shall  fortune      1559. 
 to  be  indicted  of  and  for  any  offence  that  is  revived  or  made  J*^^'"?  t° 
 
 .        .       be  tried  by 
 
 Prcemunire  or  treason  by  this  Act,  that  then  he  so  bemg  m-  peers, 
 dieted  shall  have  his  trial  by  his  peers,  in  such  like  manner 
 and  form  as  in  other  cases  of  treason  has  been  used. 
 
 ^  Provided  always,  and  be  it  enacted  as  is  aforesaid,  that  no  No  order, 
 manner  of  order,  Act,  or  determination,  for  any  matter  of  °^  matters 
 
 '  '  -^  ,       ofreligion, 
 
 religion  or  cause  ecclesiastical,  had  or  made  by  the  authority  made  by 
 of  this  present  Parliament,  shall  be  accepted,  deemed,  inter-  *^^^  Ff  ^^'^ " 
 
 ^  '  i         ^  '  ment  to  be 
 
 preted,  or  adjudged  at  any  time  hereafter,  to  be  any  error,  adjudged 
 heresy,  schism,  or  schismatical  opinion  ;  any  order,  decree,  heresy, 
 sentence,  constitution,  or  law,  whatsoever  the  same  be,  to 
 the  contrary  notwithstanding. 
 
 Provided  always,  and  be  it  enacted  by  the  authority  afore-  Commis- 
 said,  that  such  person  or  persons  to  whom  your  highness,  ^g"^^^_ 
 your  heirs  or  successors,  shall  hereafter,  by  letters  patent,  judge  such 
 under  the  great  seal  of  England,  give  authority  to  have  or  Jj^^"^^^ 
 execute  any  jurisdiction,  power,  or  authority  spiritual,  or  to  are  so 
 visit,  reform,  order,  or  correct  any  errors,  heresies,  schisms,  ^^  ^^^^ 
 abuses,  or  enormities  by  virtue  of  this  Act,  shall  not  in  any  Scripture, 
 wise  have  authority  or  power  to  order,  determine,  or  adjudge  J-J^^.^^^^ 
 any  matter  or  cause  to  be  heresy,  but  only  such  as  here-  general 
 tofore  have  been  determined,  ordered,  or  adjudged  to  be  ^°JJ"^^^^' 
 heresy,   by  the   authority  of  the   canonical    Scriptures,   or  Parlia- 
 by  the  first  four  general  Councils,  or  any  of  them,  or  by  i^^nt,  with 
 any  other  general  Council  wherein  the  same  was  declared  Convoca- 
 heresy  by  the  express  and  plain  words  of  the  said  canonical  ^^°"* 
 Scriptures,  or  such  as  hereafter  shall  be  ordered,  judged,  or 
 determined  to  be  heresy  by  the  High  Court  of  Parliament 
 of  this  realm,  with  the  assent  of  the  clergy  in  their  Convoca- 
 tion ;  anything  in  this  Act  contained  to  the  contrary  not- 
 withstanding. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid,  that  How  per- 
 sons shall 
 ^  This  and  the  following  provisoes  are  annexed  to  the  Parliament 
 Roll  in  four  separate  schedules. 
 
456  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxxix 
 
 1559.      no  person  or  persons  shall  be  hereafter  indicted  or  arraigned 
 ^^ '"",  r       for  any  the  offences  made,  ordained,   revived,  or  adiud^ed 
 
 dieted  for  -^  '  j  >  J       o 
 
 offences      by  this  Act,   unless  there  be  two   sufficient  witnesses,  or 
 
 under  this  niore,  to  testify  and  declare  the  said  offences  whereof  he 
 
 shall  be  indicted  or  arraigned ;  and  that  the  said  witnesses, 
 
 or  so  many  of  them  as  shall  be  living  and  within  this  realm 
 
 at  the  time  of  the  arraignment  of  such  person  so  indicted, 
 
 shall  be  brought  forth  in  person^  face  to  face,  before  the 
 
 party  so  arraigned,  and  there  shall  testify  and  declare  what 
 
 they  can  say  against  the  party  so  arraigned,  if  he  require 
 
 the  same. 
 
 Those  Provided  also,  and  be  it  further  enacted  by  the  authority 
 
 ^'^^"^         aforesaid,  that  if  any  person  or  persons  shall  hereafter  hap- 
 
 shall  be       pen  to  give  any  relief,  aid,  or  comfort,  or  in  any  wise  be 
 
 judged        aiding,  helping,  or  comforting  to  the  person  or  persons  of 
 
 any  that  shall  hereafter  happen  to  be  an  offender  in  any 
 
 matter  or  case  of  Prcemtintre  or  treason,  revived  or  made  by 
 
 this  Act,  that  then  such  relief,  aid,  or  comfort  given  shall 
 
 not  be  judged  or  taken  to  be  any  offence,  unless  there 
 
 be  two  sufficient  witnesses  at  the  least,  that  can  and  will 
 
 openly  testify  and  declare  that  the  person  or  persons  that  so 
 
 gave  such  relief,  aid,  or  comfort  had  notice  and  knowledge 
 
 of  such  offence  committed  and  done  by  the  said  offender, 
 
 at  the  time  of  such  relief,  aid,  or  comfort  so  to  him  given  or 
 
 ministered ;    anything  in  this  Act  contained,  or  any  other 
 
 matter  or  cause  to  the  contrary  in  any  wise  notwithstanding. 
 
 The  case         And  where  one  pretended  sentence  has  heretofore  been 
 
 of  Chet-      gi ven  in  the  Consistory  in  Paul's  before  certain  judges  dele- 
 wood  and  .        ,  1-1         .  /-I       1  ^1-i-r^i 
 wife :  if     gate,  by  the  authority  legatme  of  the  late  Cardmal  Pole, 
 
 the  Court    j-^y  reason  of  a  foreign  usurped  power  and  authority,  against 
 
 of  Rome         ,-..,,      ^i  ^      t^  i      a  ^    •  t        ^  ^ 
 
 upholds      Richard  Chetwood,  i^sq.,  and  Agnes  his  wife,  by  the  name 
 their  ap-     Qf  Agnes  Woodhall,  at  the  suit  of  Charles  Tyrril,  gentleman, 
 
 peal,  that     .  .  .  i  •       i     i  i  •  -i 
 
 upholding  1^  a   cause   of  matrimony    solemnized    between    the   said 
 
 shall  Richard  and  Agnes,  as   by  the  same  pretended  sentence 
 
 more  plainly  doth  appear,  from  which  sentence  the  said 
 
Lxxix]      HISTORY  OF  THE  ENGLISH  CHURCH  457 
 
 Richard  and  Agnes  have  appealed  to  the  Court  of  Rome,  1559. 
 which  appeal  does  there  remain,  and  yet  is  not  determined : 
 may  it  therefore  please  your  highness,  that  it  may  be 
 enacted  by  the  authority  aforesaid,  that  if  sentence  in  the 
 said  appeal  shall  happen  to  be  given  at  the  said  Court 
 of  Rome  for  and  in  the  behalf  of  the  said  Richard  and 
 Agnes,  for  the  reversing  of  the  said  pretensed  sentence,  be- 
 fore the  end  of  threescore  days  next  after  the  end  of  this 
 session  of  this  present  Parliament,  that  then  the  same  shall 
 be  judged  and  taken  to  be  good  and  effectual  in  the  law, 
 and  shall  and  may  be  used,  pleaded,  and  allowed  in  any 
 court  or  place  within  this  realm  ;  anything  in  this  Act  or 
 any  other  Act  or  statute  contained  to  the  contrary  notwith- 
 standing. 
 
 And  if  no  sentence  shall  be  given  at  the  Court  of  Rome  in  If  no  sen- 
 the  said  appeal  for  the  reversino;  of  the  said  pretended  sen-  "^^^^^  ^^ 
 
 °  ^  given  by 
 
 tence  before  the  end  of  the  said  threescore  days,  that  then  Rome, 
 it  shall  and  may  be  lawful  for  the  said  Richard  and  As-nes,  ^^^"  ^,^^'^' 
 
 •^  ,  o        J  appeal 
 
 and  either  of  them,  at  any  time  hereafter,  to  commence,  shall  be 
 take,  sue,  and  prosecute  their  said  appeal  from  the  said  pre-  P'"osecuted 
 tended  sentence,  and  for  the  reversing  of  the  said  pretended  land, 
 sentence,  within  this  realm,  in  such  like  manner  and  form  as 
 was  used  to  be  pursued,  or  might  have  been  pursued,  within 
 this  realm,  at  any  time  since  the  twenty-fourth  year  of  the 
 reign  of  the  said  late   King  Henry  VIII,  upon   any  sen- 
 tences given  in  the  court  or  courts  of  any  archbishop  within 
 this  realm. 
 
 And  that  such  appeal  as  so  hereafter  shall  be  taken  or  The  sen- 
 pursued  by  the  said  Richard  Chetwood  and  Agnes,  or  either  *^^"^^ 
 
 ^  J  o        5  given  shall 
 
 of  them,  and  the  sentence  that  herein  or  thereupon  shall  be  held 
 
 hereafter  be  given,  shall  be  judged  to  be  good  and  effectual  so°"- 
 
 in  the  law  to  all  intents  and  purposes ;  any  law,  custom, 
 
 usage,  canon,  constitution,  or  any  other  matter  or  cause  to 
 
 the  contrary  notwithstanding. 
 
 Provided  also,  and  be  it  enacted  by  the  authority  afore-  Like  pro- 
 ^  ■'  •'  vise  in 
 
458 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE      [lxxix 
 
 1559. 
 
 another 
 case  of 
 appeal. 
 
 said,  that  where  there  is  the  like  appeal  now  depending  in 
 the  said  Court  of  Rome  between  one  Robert  Harcourt,  mer- 
 chant of  the  staple,  and  Elizabeth  Harcourt,  otherwise 
 called  Elizabeth  Robins,  of  the  one  part,  and  Anthony 
 Fydell,  merchant-stranger,  on  the  other  part,  that  the  said 
 Robert,  Elizabeth,  and  Anthony,  and  every  of  them,  shall 
 and  may,  for  the  prosecuting  and  trying  of  their  said  appeal, 
 have  and  enjoy  the  like  remedy,  benefit,  and  advantage,  in 
 like  manner  and  form  as  the  said  Richard  and  Agnes,  or  any 
 of  them,  has,  may,  or  ought  to  have  and  enjoy ;  this  Act  oi: 
 anything  therein  contained  to  the  contrary  in  any  wise  not- 
 
 withstanding. 
 
 LXXX. 
 
 1559. 
 
 Edward 
 VI's  Act 
 of  Uni- 
 formity 
 iante^  No. 
 LXXI) 
 repealed 
 by  Mary 
 [ante.  No. 
 LXXIII). 
 
 ELIZABETH'S  ACT  OF  UNIFORMITY,  a.  d.  1559. 
 1  Elizabeth,  cap.  2. 
 
 This  Act — distinguished  among  the  several  Unlformitj'-  Acts  by 
 the  stringency  of  its  penalties — was  passed  immediately  after  the 
 foregoing,  in  the  beginning  of  the  year  1559. 
 
 [Transcr.  Statutes  of  the  Realm  iv.  pt.  i.  p.  355.] 
 
 Where  at  the  death  of  our  late  sovereign  lord  King 
 Edward  VI  there  remained  one  uniform  order  of  common 
 service  and  prayer,  and  of  the  administration  of  sacra- 
 ments, rites,  and  ceremonies  in  the  Church  of  England, 
 which  was  set  forth  in  one  book,  intituled :  The  Book  of 
 Common  Prayer,  and  Administration  of  Sacraments,  and 
 other  rites  and  ceremonies  in  the  Church  of  England; 
 authorized  by  Act  of  Parliament  holden  in  the  fifth  and 
 sixth  years  of  our  said  late  sovereign  lord  King  Ed- 
 ward VI,  intituled :  An  Act  for  the  uniformity  of  common 
 prayer,  and  administration  of  the  sacraments ;  the  which 
 was  repealed  and  taken  away  by  Act  of  Parliament  in  the 
 
Lxxx]      HISTORY  OF  THE  ENGLISH  CHURCH  459 
 
 first  year  of  the  reign  of  our  late  sovereign  lady  Queen      1559. 
 Mary,  to  the  great  decay  of  the  due  honour  of  God,  and  dis- 
 comfort to  the  professors  of  the  truth  of  Christ's  religion  : 
 
 Be  it  therefore  enacted  by  the  authority  of  this  present  Repeal  of 
 Parliament,  that  the  said  statute  of  repeal,  and  everything  ^^^y^^^^t 
 therein  contained,  only  concerning  the  said  book,  and  the 
 service,  administration  of  sacraments,  rites,  and  ceremonies 
 contained  or  appointed  in  or  by  the  said  book,  shall  be 
 void  and  of  none  effect,  from  and  after  the  feast  of  the 
 Nativity  of  St.  John  Baptist  next  coming  ;  and  that  the  said  Edward 
 book,  with  the  order  of  service,  and  of  the  administration  of  ^r  p^  °" 
 sacraments,  rites,  and  ceremonies,  with  the  alterations  and  mon 
 additions  therein  added  and  appointed  by  this  statute,  shall  ^v^^^  ceV- 
 stand  and  be,  from  and  after  the  said  feast  of  the  Nativity  of  tain  altera- 
 St.  John  Baptist,  in  full  force  and  effect,  according  to  the  additions 
 tenor  and  effect  of  this  statute  ;  anything  in  the  aforesaid  re-estab- 
 statute  of  repeal  to  the  contrary  notwithstanding.  '^  ^  ' 
 
 And  further  be  it  enacted  by  the  queen's  highness,  with 
 the  assent  of  the  Lords  {sic)  and  Commons  in  this  present 
 Parliament  assembled,  and  by  authority  of  the  same,  that 
 all  and  singular  ministers  in  any  cathedral  or  parish  church, 
 or  other  place  within  this  realm  of  England,  Wales,  and  the 
 marches  of  the  same,  or  other  the  queen's  dominions,  shall 
 from  and  after  the  feast  of  the  Nativity  of  St.  John  Baptist 
 next  coming  be  bounden  to  say  and  use  the  Matins,  Even- 
 song, celebration  of  the  Lord's  Supper  and  administration 
 of  each  of  the  sacraments,  and  all  their  common  and  open 
 prayer,  in  such  order  and  form  as  is  mentioned  in  the  said 
 book,  so  authorized  by  Parliament  in  the  said  fifth  and  sixth 
 years  of  the  reign  of  King  Edward  VI,  with  one  altera-  The  altera- 
 tion or   addition  of  certain  lessons   to  be   used  on  every  tions  and 
 
 ■'   additions 
 
 Sunday  in  the  year,  and  the  form  of  the  Litany  altered  and  enjoined. 
 corrected,  and  two  sentences  only  added  in  the  delivery 
 of  the  sacrament  to  the  communicants,  and  none  other  or 
 otherwise. 
 
46o  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxx 
 
 1559.  And  that  if  any  manner  of  parson,  vicar,  or  other  whatso- 
 
 Penalty      evg]-  minister,  that  ought  or  should  sing  or  say  common 
 
 for  using  .  ,    .        ,  •  i    i        i  •    •  i 
 
 any  other  prayer  mentioned  m  the  said  book,  or  minister  the  sacra- 
 form  of  ments,  from  and  after  the  feast  of  the  nativity  of  St.  John 
 prayer  or  .  .  .  i  •  i 
 adminis-  Baptist  next  coming,  refuse  to  use  the  said  common  prayers, 
 
 tration  of    or  to  minister  the  sacraments  in  such  cathedral  or  parish 
 
 the  sacra-       ,  ,  ,  ,  1111  •    •  1 
 
 ments  or    church,  or  Other  places  as  he  should  use  to  minister  the 
 for  speak-   same,  in  such  order  and  form  as  they  be  mentioned  and 
 
 ing  against  .         ,        .  ,  •  1     1  1  ■,      ■,^         -ir    ■>^  ^         •  ^ 
 
 the  Book  ^et  forth  in  the  said  book,  or  shall  wilfully  or  obstinately 
 of  Com-  standing  in  the  same,  use  any  other  rite,  ceremony^  order. 
 Prayer.  form,  or  manner  of  celebrating  of  the  Lord's  Supper,  openly 
 or  privily,  or  Matins,  Evensong,  administration  of  the  sacra- 
 ments, or  other  open  prayers,  than  is  mentioned  and  set 
 Definition  forth  in  the   said   book  (open  prayer  in  and  throughout 
 
 of '  open     ^i^jg  ^(.|-    is  meant  that  prayer  which  is  for  other  to  come 
 prayer.  '■      ■' 
 
 unto,  or  hear,  either  in  common  churches  or  private  chapels 
 
 or  oratories,  commonly  called  the  service  of  the  Church),  or 
 shall  preach,  declare,  or  speak  anything  in  the  derogation 
 or  depraving  of  the  said  book,  or  anything  therein  con- 
 tained, or  of  any  part  thereof,  and  shall  be  thereof  lawfully 
 convicted,  according  to  the  laws  of  this  realm,  by  verdict  of 
 twelve  men,  or  by  his  own  confession,  or  by  the  notorious 
 evidence  of  the  fact,  shall  lose  and  forfeit  to  the  queen's  high- 
 ness, her  heirs  and  successors,  for  his  first  offence,  the  profit 
 of  all  his  spiritual  benefices  or  promotions  coming  or  arising 
 in  one  whole  year  next  after  his  conviction ;  and  also  that 
 the  person  so  convicted  shall  for  the  same  offence  suffer  im- 
 prisonment by  the  space  of  six  months,  without  bail  or 
 mainprize. 
 The  And  if  any  such  person  once  convicted  of  any  offence 
 
 a  second°^  concerning    the    premises,   shall   after  his  first  conviction 
 offence.       eftsoons  offend,  and  be  thereof,  in  form  aforesaid,  lawfully 
 convicted,  that  then  the   same  person  shall  for  his  second 
 offence  suffer  imprisonment  by  the  space  of  one  whole  year, 
 and  also  shall  therefor   be   deprived,  iJ>so  facto^  of  all  his 
 
Lxxx]      HISTORY  OF  THE  ENGLISH  CHURCH  461 
 
 spiritual   promotions ;    and   that   it  shall   be  lawful  to  all      1559. 
 patrons  or  donors  of  all  and  singular  the  same  spiritual  pro- 
 motions, or  of  any  of  them,  to  present  or  collate  to  the  same, 
 as  though  the  person  and  persons  so  offending  were  dead. 
 
 And  that  if  any  such  person  or  persons,  after  he  shall  be  The 
 twice  convicted  in  form  aforesaid,  shall  offend  against  any  of  a^t^tr/ 
 the  premises  the  third  time,  and  shall  be  thereof,  in  form  offence, 
 aforesaid,  lawfully  convicted,  that  then  the  person  so  offend- 
 ing and  convicted  the  third  time,  shall  be  deprived,  ipso 
 facto,  of  all  his  spiritual  promotions,  and  also  shall  suffer 
 imprisonment  during  his  life. 
 
 And  if  the  person  that  shall  offend,  and  be  convicted  in  The 
 form  aforesaid,  concerning  any  of  the  premises,  shall  not  be  ^n  offender 
 beneficed,  nor  have  any  spiritual  promotion,  that  then  the  having  no 
 same  person  so  offending  and  convicted  shall  for  the  first  ^^Qj^^f 
 offence  suffer  imprisonment  during  one  whole  year  next  after  tion. 
 his  said  conviction,  without  bail  or  mainprize.     And  if  any 
 such  person,  not  having  any  spiritual  promotion,  after  his 
 first  conviction  shall  eftsoons  offend  in  anything  concerning 
 the  premises,  and  shall  be,  in  form  aforesaid,  thereof  lawfully 
 convicted,  that  then  the  same  person  shall  for  his  second 
 offence  suffer  imprisonment  during  his  life. 
 
 And  it  is  ordained  and  enacted  by  the  authority  afore-  Penalty 
 said,  that  if  any  person  or  persons  whatsoever,  after  the  said  .^''^P^^  ' 
 
 ^  J  r  \.  •)  ing  against 
 
 feast  of  the  Nativity  of  St.  John  Baptist  next  coming,  shall  the  said 
 in  any  interludes,  plays,  songs,  rhymes,  or  by  other  open    °"    °"^ 
 words,  declare  or  speak  anything  in  the  derogation,  deprav-  or  else- 
 ing,  or  despising  of  the  same  book,  or  of  anything  therein  ^j-^^^Js^"* 
 contained,  or  any  part  thereof,  or  shall,  by  open  fact,  deed,  ing  any 
 or   by   open   threatenings,  compel  or  cause,   or  otherwise  °!.  ^^y°™ 
 procure  or  maintain,  any  parson,   vicar,  or  other  minister  to  be  used, 
 in  any  cathedral  or  parish  church,  or  in  chapel,  or  in  any  ?^  ^'"^ 
 other  place,  to  sing  or  say  any  common  or  open  prayer,  or  ing  the 
 to  minister  any  sacrament  otherwise,  or  in  any  other  manner  service. 
 and  form,  than  is  mentioned  in  the  said  book ;  or  that  by 
 
462  DOCUMENTS  ILLUSTRATIVE   OF  THE      [lxxx 
 
 1559.  any  of  the  said  means  shall  unlawfully  interrupt  or  let  any 
 parson,  vicar,  or  other  minister  in  any  cathedral  or  parish 
 church,  chapel,  or  any  other  place,  to  sing  or  say  common 
 and  open  prayer,  or  to  minister  the  sacraments  or  any  of 
 them,  in  such  manner  and  form  as  is  mentioned  in  the  said 
 book ;  that  then  every  such  person,  being  thereof  lawfully 
 convicted  in  form  abovesaid,  shall  forfeit  to  the  queen  our 
 sovereign  lady,  her  heirs  and  successors,  for  the  first  oftence 
 a  hundred  marks. 
 Penalty  And  if  any  person  or  persons,  being  once  convicted  of  any 
 
 lor  a  such  offence,  eftsoons  offend  against  any  of  the  last  recited 
 
 second 
 
 offence.  offences,  and  shall,  in  form  aforesaid,  be  thereof  lawfully  con- 
 victed, that  then  the  same  person  so  offending  and  convicted 
 shall,  for  the  second  offence,  forfeit  to  the  queen  our  sovereign 
 lady,  her  heirs  and  successors,  four  hundred  marks. 
 
 Penalty  And  if  any  person,  after  he,  in  form  aforesaid,  shall  have 
 
 lor  a  third   \^qqy\  twice   couvictcd    of  any  offence   concerning   any  of 
 offence.  . 
 
 the  last  recited  offences,  shall  offend  the  third  tmie,  and 
 
 be  thereof,  in  form  abovesaid,  lawfully  convicted,  that  then 
 
 every  person  so  offending  and  convicted  shall  for  his  third 
 
 offence    forfeit    to    our    sovereign    lady  the    queen   all    his 
 
 goods  and  chattels,  and  shall  suffer  imprisonment  during 
 
 his  life. 
 
 Penalty  of       And  if  any  person   or  persons,  that  for  his  first  offence 
 
 the  convict  concerning  the  premises  shall  be  convicted,  in  form  afore- 
 
 not  paying  or  ' 
 
 his  for-  said,  do  not  pay  the  sum  to  be  paid  by  virtue  of  his  convic- 
 citure.  ^JQj^^  jj^  such  manner  and  form  as  the  same  ought  to  be 
 paid,  within  six  weeks  next  after  his  conviction ;  that  then 
 every  person  so  convicted,  and  so  not  paying  the  same,  shall 
 for  the  same  first  offence,  instead  of  the  said  sum,  suffer 
 imprisonment  by  the  space  of  six  months,  without  bail  or 
 mainprize.  And  if  any  person  or  persons,  that  for  his 
 second  offence  concerning  the  premises  shall  be  convicted 
 in  form  aforesaid,  do  not  pay  the  said  sum  to  be  paid  by 
 virtue  of  his  conviction  and  this  statute,  in  such  manner 
 
Lxxx]      HISTORY  OF  THE  ENGLISH  CHURCH  403 
 
 and  form  as  the  same  ought  to  be  paid,  within  six  weeks  1559. 
 next  after  his  said  second  conviction ;  that  then  every 
 person  so  convicted,  and  not  so  paying  the  same,  shall, 
 for  the  same  second  offence,  in  the  stead  of  the  said  sum, 
 suffer  imprisonment  during  twelve  months,  without  bail  or 
 mainprize. 
 
 And  that  from  and  after  the  said  feast  of  the  Nativity  Every 
 of  St.  John  Baptist  next  coming,  all  and  every  person  and  ^f/^°j^  *° 
 persons    inhabiting    within    this    realm,  or   any    other   the  church  on 
 queen's  majesty's  dominions,  shall  diligently  and  faithfully,  ;  ^^?^]^, 
 having  no  lawful  or  reasonable  excuse  to  be  absent,  endeavour  days  under 
 themselves  to  resort  to  their  parish  church  or  chapel  accus-  P^^"  °*     ,. 
 
 ^  ^  censure  or 
 
 tomed,  or  upon  reasonable  let  thereof,  to  some  usual  place  the  Church 
 where  common  prayer  and  such  service  of  God  shall  be  f"f.  ^  ^'"^ 
 used  in  such  time  of  let,  upon  every  Sunday  and  other  days  poor, 
 ordained  and  used  to  be  kept  as  holy  days,  and  then  and 
 there  to  abide  orderly  and  soberjy  during  the  time  of  the 
 common  prayer,  preachings,  or  other  service  of  God  there 
 to  be  used  and  ministered;  upon  pain  of  punishment  by  the 
 censures   of  the  Church,  and  also  upon   pain  that  every 
 person  so  offending  shall  forfeit  for  every  such  offence  twelve 
 pence,  to  be  levied   by  the  churchwardens  of  the  parish 
 where  such  offence  shall  be  done,  to  the  use  of  the  poor 
 of  the  same  parish,  of  the  goods,  lands,  and  tenements  of 
 such  offender,  by  way  of  distress. 
 
 And  for  due  execution  hereof,  the  queen's  most  excellent  The 
 majesty,  the  Lords  temporal  (j/V),  and  all  the  Commons,  in  this  ^J^^l^  jq"" 
 present  Parliament  assembled,  do^in  God's  name  earnestly  execute 
 require  and  charge  all  the  archbishops,  bishops,  and  other  ^^^^j^  j^jj_ 
 ordinaries,  that  they  shall  endeavour  themselves  to  the  utter-  gence. 
 most  of  their  knowledges,  that  the  aue  and  true  execution 
 hereof  may  be  had  throughout  their  dioceses  and  charges, 
 as  they  will  answer  before  God,  for  such  evils  and  plagues 
 wherewith  Almighty  God  may  justly  punish  His  people  for 
 neglecting  this  good  and  wholesome  law. 
 
464 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxx 
 
 1559 
 
 The  ordin 
 ary  may 
 punish 
 offenders 
 by  the 
 censures 
 of  the 
 Church. 
 
 Power  of 
 justices  to 
 punish 
 offences. 
 
 Bishops 
 rnay  join 
 with 
 
 justices  to 
 inquire  of 
 offences. 
 
 Books  of 
 Common 
 Prayer  to 
 be  pro- 
 vided at 
 cost  of 
 parishion- 
 
 And  for  their  authority  in  this  behalf,  be  it  further  enacted 
 by  the  authority  aforesaid,  that  all  and  singular  the  same 
 archbishops,  bishops,  and  all  other  their  officers  exercising 
 ecclesiastical  jurisdiction^  as  well  in  place  exempt  as  not 
 exempt,  within  their  dioceses,  shall  have  full  power  and 
 authority  by  this  Act  to  reform,  correct,  and  punish  by 
 censures  of  the  Church,  all  and  singular  persons  which 
 shall  offend  within  any  their  jurisdictions  or  dioceses,  after 
 the  said  feast  of  the  Nativity  of  St.  John  Baptist  next  coming, 
 against  this  Act  and  statute  ;  any  other  law,  statute,  privilege, 
 liberty,  or  provision  heretofore  made,  had,  or  suffered  to  the 
 contrary  notwithstanding. 
 
 And  it  is  ordained  and  enacted  by  the  authority  afore- 
 said, that  all  and  every  justices  of  oyer  and  terminer, 
 or  justices  of  assize,  shall  have  full  power  and  authority  in 
 every  of  their  open  and  general  sessions,  to  inquire,  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  afore- 
 said, that  all  and  every  archbishop  and  bishop  shall  or  may, 
 at  all  time  and  times,  at  his  liberty  and  pleasure,  join  and 
 associate  himself,  by  virtue  of  this  Act,  to  the  said  justices 
 of  oyer  and  tenniiier^  or  to  the  said  justices  of  assize,  at 
 every  of  the  said  open  and  general  sessions  to  be  holden  in 
 any  place  within  his  diocese,  for  and  to  the  inquiry,  hearing, 
 and  determining  of  the  offences  aforesaid. 
 
 Provided  also,  and  be  it  enacted  by  the  authority  afore- 
 said, that  the  books  concerning  the  said  services  shall,  at  the 
 cost  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; 
 
Lxxx]      HISTORY  OF  THE  ENGLISH  CHURCH  465 
 
 r'nd  that  all  such  parishes  and  cathedral  churches,  or  other      1559. 
 
 places  where  the  said  books  shall  be  attained  and  gotten  ^^^'  ^"'^. 
 ^  "  the  service 
 
 before  the  said  feast  of  the  Nativity  of  St.  John  Baptist,  used 
 
 shall,  within  three  weeks  next  after  the  said  books  so  attained  "^'thm 
 
 •  1  •  1  1  •        S     three 
 
 and  gotten,  use  the  said  service,  and  put  the  same  in  ure  weeks 
 according  to  this  Act.  ^f^^"*  P"""- 
 
 And  be  it  further  enacted  by  the  authority  aforesaid,  that  ^imit  of 
 no  person  or  persons  shall  be  at  any  time  hereafter  impeached  time  for 
 or  otherwise  molested   of  or  for  any  the   offences  above  fn^^og-gn. 
 mentioned,   hereafter  to  be  committed  or  done  contrary  ders. 
 to  this  Act,  unless  he  or  they  so  offending  be  thereof  in- 
 dicted at  the  next  general  sessions  to  be  holden  before  any 
 such  justices   of  oyer   and    terminer  or  justices    of  assize, 
 next  after  any  offence  committed  or  done  contrary  to  the 
 tenor  of  this  Act. 
 
 Provided  always,  and  be  it  ordained  and  enacted  by  the  Trial  of 
 authority  aforesaid,  that  all  and  singular  lords  of  the  Parlia-  P^^^^- 
 ment,  for  the  third  offence  above  mentioned,  shall  be  tried 
 by  their  peers. 
 
 Provided  also,  and  be  it  ordained  and  enacted  by  the  Chief 
 authority  aforesaid,  that  the  mayor  of  London,  and  all  other  oncers  of 
 
 •'  '  •^  '  ^  cities  and 
 
 mayors,  baihffs,  and  other  head  officers  of  all  and  singular  boroughs, 
 cities,   boroughs,  and  towns  corporate  within   this  realm,  "°^"^"f^',-^' 
 Wales,  and  the  marches  of  the  same,  to  the  which  justices  justices, 
 of  assize  do  not  commonly  repair,  shall  have  full  power  and  f^^  .       ^ 
 
 ■^        ^       '  ^  inquire  ot 
 
 authority  by  virtue  of  this  Act  to  inquire,  hear,  and  determine  offenders, 
 the  offences  abovesaid,  and  every  of  them,  yearly  within  fifteen 
 days  after  the  feasts  of  Easter  and  St.  Michael  the  Archangel, 
 in  like  manner  and  form  as  justices  of  assize  and  oyer  and 
 terjniner  may  do. 
 
 Provided  always,  and  be  it  ordained  and  enacted  by  the  The 
 authority  aforesaid,  that  all  and  singular  archbishops  and  fui-jsj^c^  ^ 
 bishops,  and  every  their  chancellors,   commissaries,   arch-  tion  to 
 deacons,  and  other  ordinaries,  having  any  peculiar  ecclesias-  before"  ^ 
 tical  jurisdiction,   shall  have  full  power  and  authority  by 
 
 Hh 
 
466  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxxI 
 
 1559.      virtue  of  this  Act,  as  well  to   inquire  in    their  visitation, 
 synods,  and  elsewhere  within  their  jurisdiction  at  any  other 
 time  and  place,  to  take  occasions  {sic)  and  informations  of 
 all  and  every  the  things  above  mentioned,  done,  committed, 
 or  perpetrated  within  the  limits  of  their  jurisdictions  and 
 authority,  and  to  punish  the  same  by  admonition,  excom- 
 munication, sequestration,  or  deprivation,  and  other  censures 
 and  processes,  in  like  form  as  heretofore  has  been  used  in 
 like  cases  by  the  queen's  ecclesiastical  laws. 
 But  none        Provided  always,  and  be  it  enacted,  that  whatsoever  person 
 ^\r\\\   d     offending  in  the  premises  shall,  for  the  offence,  first  receive 
 more  than   punishment  of  the  ordinary,  having  a  testimonial  thereof 
 once  for      under  the  said  ordinary's  seal,  shall  not  for  the  same  offence 
 
 one  -' 
 
 offence,       eftsoons    be  convicted   before  the  justices :    and   likewise 
 
 receiving,  for   the    said    offence,  first   punishment   by  the 
 
 justices,  he  shall  not  for  the  same  offence  eftsoons  receive 
 
 punishment  of  the  ordinary  ;  anything  contained  in  this  Act 
 
 to  the  contrary  notwithstanding. 
 
 Orna-  Provided  always,  and  be  it  enacted,  that  such  ornaments 
 
 the  church  °^  ^^^  church,  and  of  the  ministers  thereof,  shall  be  retained 
 
 and  minis-  and  be  in  use,  as  was  in  the  Church  of  England,  by  authority 
 
 tcrs  to 
 
 continue     ^^  Parliament,  in  the  second  year  of  the  reign   of  King 
 as  in  Edward  VI,  until  other  order  shall  be  therein  taken  by  the 
 
 till  further  3-uthority  of  the  queen's  majesty,  with  the  advice  of  her  com- 
 order.         missioners  appointed  and  authorized,  under  the  great  seal  of 
 
 England,  for  causes  ecclesiastical,  or  of  the  metropolitan  of 
 
 this  realm. 
 On  any  And  also,   that  if  there  shall  happen  any  contempt  or 
 
 contempt    irreverence  to  be  used  in  the  ceremonies  or  rites  of  the 
 
 oi  cere- 
 monies,      Church,  by  the  misusing  of  the  orders  appointed  in  this 
 
 or  irrever-  \^qq\^^  ^^g  queen's  majesty  may,  by  the  like  advice  of  the 
 
 further        Said  commissioners   or   metropolitan,   ordain  and   publish 
 
 rites  and     g^^]^  further  ceremonies  or  rites,  as  may  be  most  for  the 
 
 cere- 
 
 monies       advancement  of  God's  glory,  the  edifying  of  His  Church,  and 
 ^^yy^  ,     the  due  reverence  of  Christ's  holy  mysteries  and  sacraments. 
 
 ordained.  ^       *' 
 
Lxxxi]      HISTORY  OF  THE  ENGLISH   CHURCH  467 
 
 r    And  be  it  further  enacted  by  the  authority  aforesaid,  that      1559. 
 all  laws,  statutes,  and  ordinances,  wherein  or  whereby  any  Laws 
 
 ,  .  ....  c  allowing 
 
 Other   service,    administration    01    sacraments   or   common  the  use  of 
 
 prayer,  is  limited,  established,  or  set  forth  to  be  used  within  ^"y  o^^^er 
 ,  .  ,  ,  ,  ,      ,        .    .  .        service 
 
 this  realm,  or  any  other  the  queen  s  dominions  or  countries,  made  void 
 
 shall  from  henceforth  be  utterly  void  and  of  none  effect. 
 
 LXXXI. 
 
 THE  ADVERTISEMENTS,  a.  d.  1566. 
 
 The  Advertisements  is  a  later  title  for  Abp.  Parker's  Articles,  which  1566. 
 were  drawn  up  by  him  probably  at  some  time  in  1564,  in  reference 
 to  the  *  Vestiarian  Controversy.'  They  were  sent  to  Cecil  for  the 
 queen's  signature,  March  3,  1565.  This  was  refused,  and  nothing 
 more  is  heard  of  them  until  March  12,  1566,  when  a  second  attempt 
 to  obtain  the  queen's  signature  was  made  without  success.  Parker 
 therefore  issued  them  under  the  title  of  Advertisements  without  royal 
 sanction  or  authority.  The  difficult  question  of  their  authority  is  dis- 
 cussed by  Mr.  Aubrey  Moore,  History  of  the  Reformation,  p.  266. 
 
 [Transcr.  from  a  contemporary  copy  in  the  British  Museum, 
 printed  by  Wolfe,  C.  25,  c.  6;  cf  Wilkins,  iv.  247.] 
 
 The  Preface. 
 The  queen's  majesty,  of  her  godly  zeal,  calling  to  remem-  The 
 brance  how  necessary  it  is  to  the  advancement  of  God's  xidtv^of 
 glory,  and  to  the  establishment  of  Christ's  pure  religion  for  doctrine 
 all  her  loving  subjects,  especially  the  state  ecclesiastical,  to  ^"onS^^ 
 be  knit  together  in  one  perfect  unity  of  doctrine,  and  to  be  being 
 conjoined  in  one  uniformity  of  rites  and  manners  in  the  "^'^^^^^''y' 
 ministration  of  God's  holy  word,  in  open  prayer  and  minis- 
 tration of  sacraments,  as  also  to  be  of  one  decent  behaviour 
 in   their   outward   apparel,   to   be   known    partly  by  their 
 distinct   habits   to   be    of  that   vocation    (who   should   be 
 reverenced  the  rather  in  their  offices,  as  ministers  of  the 
 holy  things  whereunto  they  be  called),  hath  by  her  letters 
 
 H  h  2 
 
468 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE      [lxxxi 
 
 1566. 
 
 the  queen 
 has 
 
 directed 
 the  arch- 
 bishop to 
 take 
 
 means  for 
 abohshing 
 all  diver- 
 sity. 
 
 The 
 
 following 
 rules, bein^ 
 the  result 
 of  confer- 
 ence, are 
 issued  as 
 temporal 
 orders  to 
 ensure 
 seemli- 
 ness. 
 
 directed  unto  the  Archbishop  of  Canterbury  and  metro- 
 poHtan,  required,  enjoined,  and  straitly  charged,  that 
 with  assistance  and  conference  had  with  other  bishops, 
 namely,  such  as  be  in  commission  for  causes  ecclesiastical, 
 some  orders  might  be  taken,  whereby  all  diversities  and 
 varieties  among  them  of  the  clergy  and  the  people  (as 
 breeding  nothing  but  contention,  offence,  and  breach  of 
 common  charity,  and  be  against  the  laws,  good  usage,  and 
 ordinances  of  the  realm)  might  be  reformed  and  repressed, 
 and  brought  to  one  manner  of  uniformity  throughout  the 
 whole  realm,  that  the  people  may  thereby  quietly  honour 
 and  serve  Almighty  God  in  truth,  concord,  unity,  peace, 
 and  quietness,  as  by  her  majesty's  said  letters  more  at  large 
 doth  appear.  Whereupon,  by  diligent  conference  and  com- 
 munication in  the  same,  and  at  last  by  assent  and  consent 
 of  the  persons  beforesaid,  these  orders  and  rules  ensuing 
 have  been  thought  meet  and  convenient  to  be  used  and 
 followed  :  not  yet  prescribing  these  rules  as  laws  equivalent 
 with  the  eternal  word  of  God,  and  as  of  necessity  to  bind 
 the  consciences  of  her  subjects  in  the  nature  of  them  con- 
 sidered in  themselves ;  or  as  they  should  add  any  efficacy 
 or  more  holiness  to  the  virtue  of  public  prayer,  and  to  the 
 sacraments^  but  as  temporal  orders  mere  ecclesiastical, 
 without  any  vain  superstition,  and  as  rules  in  some  part  of 
 discipline  concerning  decency,  distinction,  and  order  for 
 the  time. 
 
 I.   Preach- 
 ers to  be 
 examined 
 and  ad- 
 monished. 
 
 Articles  for  doctrine  and  preaching. 
 
 First,  that  all  they,  which  shall  be  admitted  to  preach, 
 shall  be  diligently  examined  for  their  conformity  in  unity 
 of  doctrine,  established  by  public  authority  ;  and  admonished 
 to  use  sobriety  and  discretion  in  teaching  the  people, 
 namely,  in  matters  of  controversy;  and  to  consider  the 
 gravity  of  their  office,  and  to  foresee  with  diligence  the 
 
Lxxxi]      HISTORY  OF  THE  ENGLISH  CHURCH  469 
 
 matters  which  they  will  speak,  to  utter  them  to  the  edifica-      1566. 
 tion  of  the  audience. 
 
 Item,  that  they  set  out  in  their  preaching  the  reverent  2.  To  en- 
 estimation    of  the   holy    sacraments    of  Baptism    and  the  "j^'^^j.^^ 
 Lord's  Supper,  exciting  the  people  to  the  often  and  devout  ance  of  the 
 receiving  of  the  Holy  Communion  of  the  Body  and  Blood  of  ^^^^^' 
 Christ,  in  such  form  as  is  already  prescribed  in  the  Book 
 of   Common    Prayer,    and   as    it    is    further   declared   in 
 a  Homily  concerning  the  virtue  and  efficacy   of  the  said 
 sacraments. 
 
 Item,  that  they  move  the  people  to  all  obedience,  as  well  3.  To 
 in   observation    of  the   orders   appointed  in  the  book  of  obedknce 
 common  service,  as  in  the  queen's  majesty's  Injunctions,  as 
 also  of  all  other  civil  duties  due  for  subjects  to  do. 
 
 Item,  that  all  licences  for  preaching  granted  out  by  the  4- Licences 
 
 to   1)6*   T'€^- 
 
 archbishop  and  bishops  within  the  province  of  Canter-  newed. 
 bury,  bearing  date  before  the  first  day  of  March,  1564, 
 be  void  and  of  none  effect,  and  nevertheless  all  such,  as 
 shall  be  thought  meet  for  the  office,  to  be  admitted  again 
 without  difficulty  or  charge,  paying  no  more  but  fourpence 
 for  the  writing,  parchment,  and  wax. 
 
 Item,    if  any  preacher   or   parson,    vicar   or  curate,   so  5.  Contro- 
 licensed,    shall    fortune   to  preach  any  matter  tending  to  ^^^^^^^ 
 
 ^  ■'  ^         sermons 
 
 dissension,  or  to  the  derogation  of  the  religion  and  doctrine  to  be  re- 
 received,  that  the  hearers  denounce  the  same  to  the  ordi-  P^^*^^^- 
 naries,  or  the  next  bishop  of  the  same  place ;  but  no  man 
 openly  to  contrary  or  to  impugn  the  same  speech  so  dis- 
 orderly uttered,  whereby  may  grow  offence  and  disquiet  of 
 the  people ;  but  shall  be  convinced  and  reproved  by  the 
 ordinary  after  such  agreeable  order,  as  shall  be  seen  to  him 
 according  to  the  gravity  of  the  offence.  And  that  it  be 
 presented  within  one  month  after  the  words  spoken. 
 
 Item,  that  they  use  not  to  exact  or  receive  unreasonable  6.  Preach- 
 rewards  or  stipends  of  the  poor  pastors  coming  to  their  lo^b^^^^ 
 cures  to  preach,  whe^-eby  they  might  be  noted  as  followers  moderate. 
 
470 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE      [lxxxi 
 
 1566. 
 
 7.  Incum- 
 bents to 
 preach 
 regularly. 
 
 I.  The 
 place  of 
 Common 
 Prayer. 
 
 2.   Non- 
 preaching 
 clergy. 
 
 3.   Cele- 
 bration of 
 Holy  Com- 
 munion in 
 cathe- 
 drals. 
 
 4.  Vest- 
 ments in 
 cathe- 
 drals, &c., 
 at  Com- 
 munion. 
 
 of  filthy  lucre,  rather  than   use  the  office  of  preaching  of 
 charity  and  good  zeal  to  the  salvation  of  men's  souls. 
 
 Item,  if  the  parson  be  able,  he  shall  preach  in  his  own 
 person  every  three  months,  or  else  shall  preach  by  another, 
 so  that  his  absence  be  approved  by  the  ordinary  of  the 
 diocese  in  respect  of  sickness,  service,  or  study  at  the 
 universities.  Nevertheless  yet  for  want  of  able  preachers 
 and  parsons  to  tolerate  them  without  penalty,  so  that  they 
 preach  in  their  own  persons,  or  by  a  learned  substitute  once 
 in  every  three  months  of  the  year. 
 
 Articles  for  administration  of  prayer  and  sacraments. 
 
 First,  that  the  common  prayer  be  said  or  sung  decently 
 and  distinctly,  in  such  place  as  the  ordinary  shall  think 
 meet  for  the  largeness  and  straitness  of  the  church  and 
 choir,  so  that  the  people  may  be  most  edified. 
 
 Item,  that  no  parson  or  curate,  not  admitted  by  the 
 bishop  of  the  diocese  to  preach,  do  expound  in  his  own 
 cure,  or  elsewhere,  any  Scripture  or  matter  of  doctrine,  or 
 by  the  way  of  exhortation,  but  only  study  to  read  gravely 
 and  aptly,  without  any  glossing  of  the  same,  or  any  addi- 
 tions, the  Homilies  already  set  out,  or  other  such  necessary 
 doctrine  as  is  or  shall  be  prescribed  for  the  quiet  instruction 
 and  edification  of  the  people. 
 
 Item,  that  in  cathedral  churches  and  colleges  the  Holy 
 Communion  be  administered  upon  the  first  or  second 
 Sunday  of  every  month  at  the  least.  So  that  both  dean, 
 prebendaries,  priests,  and  clerks  do  receive,  and  all  other 
 of  discretion  of  the  foundation  do  receive  four  times  in  the 
 year  at  the  least. 
 
 Item,  in  the  ministration  of  the  Holy  Communion  in 
 cathedral  and  collegiate  churches,  the  principal  minister 
 shall  use  a  cope  with  gospeller  and  epistoler  agreeably; 
 and  at  all  other  prayers  to  be  said  at  that  Communion  Table, 
 .to  use  no  copes  but  surplices. 
 
Lxxxi]     HISTORY  OF  THE  ENGLISH  CHURCH  ^-ji 
 
 Item,  that  the  dean  and  prebendaries  wear  a  surplice      1566. 
 
 with  a  silk  hood  in  the  choir ;  and  when  they  preach  in  the  5-  Ordi- 
 nary vest- 
 cathedral  or  collegiate  church,  to  wear  their  hood.  ments  of 
 
 Item,  that  every  minister  saying  any  public  prayers,  or  J^e  chap- 
 ministering  the  sacraments  or  other  rites  of  the   Church,  5  y^^^. 
 shall  wear  a  comely  surplice  with  sleeves,  to  be  provided  at  ments  of 
 the  charges  of  the  parish ;    and  that  the   parish  provide  c^rgy.'^ 
 a  decent  table  standing  on  a  frame  for  the  Communion 
 Table. 
 
 Item,  that  they  shall  decently  cover  with  carpet,  silk,  or  7-  An- 
 other decent  covering,  and  with  a  fair  linen  cloth  (at  the  oftg^ 
 time  of  the  ministration)  the  Communion  Table,  and  to  set  Com- 
 
 ^^         _,  ,  ,  n  1  -J  munion 
 
 the  Ten  Commandments  upon  the  east  wall  over  the  said  Table, 
 table. 
 
 Item,  that  all  communicants  do  receive  kneeling,  and  as  8.  Of 
 is  appointed  by  the  laws   of  the  realm  and  the   queen's  '^^q^^^_ 
 majesty's  Injunctions.  munion. 
 
 Item,  that  the  font  be  not  removed,  nor  that  the  curate  9. Ad- 
 do  baptize  in  parish  churches  in  any  basons,  nor  in  any  other  "j'qj^  ^^ 
 form  than  is  already  prescribed,  without  charging  the  parent  Baptism. 
 to  be  present   or   absent  at  the  christening  of  his  child, 
 although  the  parent  may  be  present  or  absent,  but  not  to 
 answer  as  godfather  for  his  child. 
 
 Item,  that  no  child  be  admitted  to  answer  as  godfather  10.  Age  of 
 or  godmother,   except  the  child  hath   received  the  Com-  p^^gj^^g 
 munion. 
 
 Item,  that  there  be  none  other  holy  days  observed  besides  n.  Of 
 the  Sundays,  but  only  such  as  be  set  out  for  holy  days,  as  in  ^°  ^    ^^^* 
 the  statute  anno  quinto  et  sexto  Edwardi  sexti,  and  in  the 
 new  calendar  authorized  by  the  queen's  majesty. 
 
 Iten\  that  when  any  Christian  body  is  in  passing,  that  the  12.  Of 
 bell  be  tolled,  and  that  the  curate  be  specially  called  for  to  °  3"^^  ^^ 
 comfort  the  sick  person,  and  after  the  time  of  his  passing  bell,  &c. 
 to  ring  no  more  but  one  short  peal,  and  one  before  the 
 burial,  and  another  short  peal  after  the  burial. 
 
472 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxxt 
 
 1566 
 
 13-  Of 
 Sunday 
 observ- 
 ance. 
 
 14.  Of 
 
 Rogation 
 
 days. 
 
 Item,  that  on  Sundays  there  be  no  shops  open,  nor 
 artificers  commonly  going  about  their  affairs  worldly,  and 
 that  in  all  fairs  and  common  markets  falling  upon  the  Sun- 
 day, there  be  no  showing  of  any  wares  before  the  service 
 be  done. 
 
 Item,  that  in  the  Rogation  days  of  procession  they  sing  or 
 say  in  English  the  two  psalms  beginning,  Benedic  anwia  mea^ 
 &c.,  with  the  litany  and  suffrages  thereunto,  with  one  homily 
 of  thanksgiving  to  God,  already  devised  and  divided  into 
 four  parts,  without  addition  of  any  superstitious  ceremonies 
 heretofore  used. 
 
 Articles  for  certain  orders  in  ecclesiastical  policy. 
 
 I.  Life 
 
 and  title  of 
 ordination 
 candi- 
 dates. 
 
 2.  Their 
 instruc- 
 tion. 
 
 3.  Of  testi- 
 monials at 
 admission 
 or  upon 
 removal. 
 
 4.  Ofthose 
 licensed  to 
 study. 
 
 First,  against  the  day  of  giving  of  orders  appointed,  the 
 bishop  shall  give  open  monitions  to  all  men  to  except 
 against  such  as  they  know  not  to  be  worthy  either  for  life 
 or  conversation.  And  there  to  give  notice  that  none  shall 
 sue  for  orders  but  within  their  own  diocese  where  they  were 
 born,  or  had  their  long  time  of  dwelling,  except  such  as  shall 
 be  of  degree  in  the  universities. 
 
 Item,  that  young  priests  or  ministers  made  or  to  be  made, 
 be  so  instructed  that  they  be  able  to  make  apt  answers  con- 
 cerning the  form  of  the  catechism  prescribed. 
 
 Item,  that  no  curate  or  minister  be  permitted  to  serve 
 without  examination  and  admission  of  the  ordinary  or  his 
 deputy  in  writing,  having  respect  to  the  greatness  of  the 
 cure  and  the  meetness  of  the  party ;  and  that  the  said 
 ministers,  if  they  remove  from  one  diocese  to  another,  be 
 by  no  means  admitted  to  serve  without  testimony  of  the 
 diocesan,  from  whence  they  come,  in  writing  of  their  honesty 
 and  ability. 
 
 Item,  that  the  bishop  do  call  home  orce  in  the  year  any 
 prebendary  in  his  church,  or  beneficed  in  the  diocese,  which 
 
Lxxxi]      HISTORY  OF  THE  ENGLISH  CHURCH  473 
 
 studieth  at  the  universities,  to  know  how  he  profiteth  in      1566. 
 learning,  and  that  he  be  not  suffered  to  be  a  serving  or 
 a  waiting  man  dissolutely. 
 
 Item,  that  at  the  archdeacon's  visitation  the  archdeacon  5,  Of  the 
 shall  appoint  the  curates  to  certain  taxes  [texts]  of  the  New  ^^^™>"a- 
 Testament  to  be  conned  without  book,  and  at  their  next  curates, 
 synod  to  exact  a  rehearsal  of  them. 
 
 Item,  that  the  churchwardens  once  in  the  quarter  declare  6.  Of  pre- 
 
 bv  their  curates,  in  bills  subscribed  with  their  hands  to  the  ^entment 
 
 -'  '  by  church- 
 
 ordinary  or  to  the  next  officer  under  him,  who  they  be  wardens. 
 
 which  will  not  readily  pay  their  penalties  for  not  coming  to 
 
 God's  divine  service  accordingly. 
 
 Item,  that  the  ordinaries  do  use  good  diligent  examina-  7.  of 
 tion  to  foresee  all  simoniacal  pacts  or  covenants  with  the  simony, 
 .patrons  or  presenters  for  the  spoil  of  their  glebe,  tithes,  or 
 mansion  houses. 
 
 Item,  that  no  persons  be  suffered  to  marry  within  the  8.  Of  pro- 
 Levitical   degrees  mentioned  in  a  table  set  forth  by  the  marriages 
 Archbishop  of  Canterbury,  in   that  behalf,  anno    Domini 
 1563;   and  if  any  such  be,  to  be  separated  by  order  of 
 law. 
 
 Articles  for  outivard  apparel  of  persons  ecelesiastical. 
 
 First,  that  all  archbishops  and  bishops  do  use  and  continue  i,  Arch- 
 their  accustomed  apparel.  bishops 
 
 ^^  and 
 
 Item,  that  all  deans  of  cathedral  churches,  masters  of  bishops, 
 colleges,  all  archdeacons,  and  other  dignities  in  cathedral  2.  Of 
 churches,  doctors,  bachelors  of  divinity  and  law,  having  any  jigni- 
 ecclesiastical   living,  shall  wear  in  their  common  apparel  taries. 
 abroad  a  side  gown  with  sleeves  straight  at  the  hand,  without 
 any  cuts  in  the  same  ;  and  that  also  without  any  falling  cape  ; 
 and  to  wear  tippets  of  sarcenet,  as  is  lawful  for  them  by  the 
 Act  of  Parliament  24  Henry  VIII. 
 
 q     Of 
 
 Item,  that  all  doctors  of  physic,  or  of  any  other  faculty,  doctors  of 
 
474 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxxi 
 
 1566. 
 
 medicine. 
 &c. 
 
 4.  Of 
 clerical 
 
 caps. 
 
 5.  Of 
 
 clerical 
 clothes 
 abroad. 
 
 6.  Of 
 clerical 
 clothes  at 
 home. 
 
 7.  Of  the 
 inferior 
 clergy. 
 
 8.  Of  the 
 poor 
 clergy. 
 
 9.  Of  the 
 apparel 
 of  clergy 
 without 
 
 cure. 
 
 having  any  living  ecclesiastical,  or  any  other  that  may  dispend 
 by  the  Church  one  hundred  marks,  so  to  be  esteemed  by  the 
 fruits  or  tenths  of  their  promotions  ;  and  all  prebendaries, 
 whose  promotions  be  valued  at  twenty  pound  or  upward, 
 wear  the  like  apparel. 
 
 Item,  that  they  and  all  ecclesiastical  persons  or  other, 
 having  any  ecclesiastical  living,  do  wear  the  cap  appointed 
 by  the  Injunctions.  And  they  to  wear  no  hats  but  in  their 
 journeying. 
 
 Item,  that  they  in  their  journeying  do  wear  their  cloaks 
 with  sleeves  put  on,  and  like  in  fashion  to  their  gowns, 
 without  guards,  welts,  or  cuts. 
 
 Item,  that  in  their  private  houses  and  studies  they  use 
 their  own  liberty  of  comely  apparel. 
 
 Item,  that  all  inferior  ecclesiastical  persons  shall  wear  long , 
 gowns  of  the  fashion  aforesaid,  and  caps  as  afore  is  pre- 
 scribed. 
 
 Item,  that  all  poor  parsons,  vicars,  and  curates  do  en- 
 deavour themselves  to  conform  their  apparel  in  like  sort  so 
 soon  and  as  conveniently  as  their  ability  will  serve  to  the 
 same.  Provided  that  their  ability  be  judged  by  the  bishop 
 of  the  diocese.  And  if  their  ability  will  not  suffer  to  buy 
 their  long  gowns  of  the  form  afore  prescribed,  that  then  they 
 shall  wear  their  short  gowns  agreeable  to  the  form  before 
 expressed. 
 
 Item,  that  all  such  persons  as  have  been  or  be  ecclesiastical, 
 and  serve  not  the  ministry,  or  have  not  accepted,  or  shall 
 refuse  to  accept  the  oath  of  obedience  to  the  queen's  majesty, 
 do  from  henceforth  abroad  wear  none  of  the  said  apparel  of 
 the  form  and  fashion  aforesaid,  but  to  go  as  mere  laymen, 
 till  they  be  reconciled  to  obedience ;  and  who  shall  obsti- 
 nately refuse  to  do  the  same,  that  they  be  presented  by  tlie 
 ordinary  to  the  commissioners  in  causes  ecclesiastical,  and 
 by  them  to  be  reformed  accordingly. 
 
Lxxxi]     HISTORY  OF  THE  ENGLISH  CHURCH  475 
 
 Protestations  to  be  made,  promised,  and  subscribed  by  them      1566, 
 that  shall  hereafter  be  admitted  to  a?iy  office,  room,  or  Protesta- 
 cure  in  afiy  church  or  other  place  ecclesiastical. 
 Imprimis,   I  shall  not  preach  or  publicly  interpret,  but  i-  As  to 
 only   read   that    which    is    appointed   by  public  authority,  P^^^^  '"^• 
 without  special  licence  of  the  bishop  under  his  seal. 
 
 I  shall  read  the  service  appointed  plainly,  distinctly,  and  2.  Conduct 
 audibly,  that  all  the  people  may  hear  and  understand.  ^  service. 
 
 I  shall  keep  the  register  book  according  to  the  queen's  3.  Regis- 
 
 .    ,     T    •         i.-  ter  book, 
 
 majesty  s  injunctions. 
 
 I  shall  use  sobriety  in  apparel,  and  especially  in  the  church  4.  Sober 
 at  common  prayers,  according  to  order  appointed.  apparel. 
 
 I  shall  move  the  parishioners  to  quiet  and  concord,  and  5.  Exhor- 
 not  give  them  cause  of  offence,  and  shall  help  to  reconcile  ^^^^°"  ^° 
 them  which  be  at  variance,  to  my  uttermost  power. 
 
 I  shall  read  daily  at  the  least  one  chapter  of  the  Old  6.  Of  read- 
 Testament,  and  one  other  of  the  New,  with  good  advise-  ^^^* 
 ment  to  the  increase  of  my  knowledge. 
 
 I   do  also   faithfully   promise  in  my  person  to  use  and  7.  Exer- 
 exercise  my  office  and  place  to  the  honour  of  God,  to  the  ^^'^^.^^ 
 
 ■'  ^  '  ministry. 
 
 quiet  of  the  queen's  subjects  within  my  charge,  in  truth, 
 concord,  and  unity ;  and  also  to  observe,  keep,  and  main- 
 tain such  order  and  uniformity  in  all  external  policy,  rites, 
 and  ceremonies  of  the  Church,  as  by  the  laws,  good  usages, 
 and  orders  are  already  well  provided  and  established. 
 
 I  shall  not  openly  intermeddle  with  any  artificer's  occupa-  8.  Secular 
 tions,  as  covetously  to  seek  a  gain  thereby,  having  in  ecclesi-  appoint- 
 astical  living  to  the  sum  of  twenty  nobles  or  above  by  year. 
 Agreed  upon,  and  subscribed  by — 
 
 Matthaeus  Cantuariensis  \ 
 
 Edmundus  Londinensis 
 
 RiCHARDUS    ElIENSIS 
 
 Edmundus  Roffensis 
 
 Robertus  Wintoniensis 
 
 NicoLAUS  LiNCOLNiENSis,  with  Others. 
 
 Ccntmissioners  in 
 causes  ecclesiastical. 
 
476  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxxii 
 
 LXXXII. 
 
 SELECTION  FROM  THE  CANONS  OF  1571. 
 
 1571.  The  Convocation  of  1571,  which  revised  the  Articles  of  1562,  and 
 
 ordered  them  to  be  printed,  drew  up  a  body  of  Canons  about  twelve 
 in  number.  The  queen  however  refused  to  sign  them  when  com- 
 plete, and  so  they  practically  became  a  dead  letter.  A  summary  of 
 their  contents  maybe  inserted;  i.  Concerning  the  duties  of  bishops. 
 2.  Concerning  the  duties  of  cathedral  chapters.  3.  Concerning  the 
 duties  of  archdeacons.  4.  Concerning  the  duties  of  chancellors, 
 commissaries,  officials,  and  parish  clergy.  5.  Concerning  the  duties 
 of  churchwardens,  viz.  term  of  office,  care  of  church  buildings, 
 i.  e.  fabric  and  due  appointment  for  service,  recusancy  presentment, 
 and  act  of  ministers.  6.  Concerning  preachers.  7.  Concerning  the 
 residence  of  beneficed  clergy.  8.  Concerning  plurality.  9.  Con- 
 cerning schoolmasters.  10.  Concerning  patrons  and  proprietaries. 
 II.  Concerning  illegal  marriages.     12.  Form  of  excommunication. 
 
 [Tr.  contemporary  print  at  the  British  Museum,  3505  e.  20(2).] 
 Canon  6.      Concerning  preachers. 
 
 Preachers        No  one  without  the  bishop's  permission  shall  publicly 
 
 to  be  preach    in    his  parish,   nor  shall   he  venture   hereafter   to 
 
 preach  {concionari)  outside  his  cure  and  church,  unless  he 
 
 has  received  permission  so  to  preach,  either  from  the  queen 
 
 through  all  the  parts  of  the  realm,  or  the  archbishop  through 
 
 his  province,  or  from  the  bishop  through  his  diocese.     And 
 
 no  power  to  preach  shall  be  hereafter  valid  or  have  any 
 
 authority  save  only  such  as  shall  be  obtained  after  the  last 
 
 to  be  day  of  April  of  the  year   1571.     Preachers  shall   behave 
 
 seemly  in    themselves  modestly  and  soberly  in   every  department  of 
 
 sation  •        their  life.    But  especially  shall  they  see  to  it  that  they  teach 
 
 nothing  in  the  way  of  a  sermon,  which  they  would  have 
 
 to  preach    religiously  held  and  believed  by  the  people,  save  what  is 
 
 in  accord-  agreeable  to  the  teaching  of  the  Old  or  New  Testament, 
 
 Scripture    ^.nd  what  the  Catholic  fathers  and  ancient  bishops  have  col- 
 
 ^"d  lected  from  this  selfsame  doctrine.    And  since  those  Articles 
 
 an  iqui  y ,   ^^  ^^  Christian  religion  to  which  assent  was  given  by  the 
 
 .bishops  in  lawful  and  holy  synod  convened  and  celebrated 
 
Lxxxiii]     HISTORY  OF  THE  ENGLISH  CHURCH  477 
 
 by  command  and  authority  of  our  most  serene  princess,       1571. 
 Elizabeth,    were   without    doubt   collected  from    the    holy 
 books  of  Old  and  New  Testament,  and  in  all  respects  agree  to  uphold 
 with  the  heavenly  doctrine  which  is  contained  in  them ;  since,  authority 
 too,  the  book  of  public  prayers,  and  book  of  the  consecration  prayer 
 iinauguratid)  of  archbishops,  bishops,  priests,  and  deacons,  Book,  and 
 
 ,  .  ,  Ordinal 
 
 contam  nothmg  contrary  to  this  same  doctrme,  whoever  under 
 
 shall  be  sent  to  teach  the  people  shall  confirm  the  authority  penalty ; 
 
 and  faith  of  those  Articles  not  only  in  their  sermons  but  also 
 
 by  subscription.    Whoever  does  otherwise,  and  perplexes  the 
 
 people  with  contrary  doctrine,  shall  be  excommunicated.     In  to  use 
 
 preaching  they  shall  use  such  modest  and  grave  apparel  appTrel  in 
 
 {veste)  as  may  befit  and  adorn  the  minister  of  God,  and  such  preaching ; 
 
 as  was  described  in  the  book  of  the  Admonitions.     And  to  be  con- 
 
 they  shall  not  demand  money  or  any  fee  for  a  sermon,  but  ^^"^'^'•^h 
 ■'  -'  -'  '  moderate 
 
 shall  be  content  with  merely  food  and  equipment  {apparaiu)^  entertain- 
 and  one  night's  hospitality.     They  shall  not  teach  vain  and  !"^fV 
 
 to   l3,iC6 
 
 old  wives'  opinions  and  heresies,  and  papal  errors,  abhorrent  heed  to 
 
 to  the   teachinsf  and  faith  of  Christ,  nor  anything  at  all  ?^.^^^  ^^^' 
 °  .  trine. 
 
 whereby  the  unlearned  multitude  be  inflamed  to  love  of 
 novelty  or  contention.  Moreover  they  shall  always  put  for- 
 ward such  things  as  make  to  edification,  and  reconcile  the 
 hearers  by  Christian  concord  and  love. 
 
 LXXXIII. 
 
 THE   SUBSCRIPTION  (THIRTY-NINE  ARTICLES) 
 
 ACT,  A.D.   1571. 
 
 13  Elizabeth,  cap.   12. 
 
 This  Act  was  introduced  and  passed  by  Parliament  in   1571,  in        1571. 
 spite  of  the  queen's  well-known  objection  to  such  legislation.     An 
 historical    notice    of  subscription    to    the  Articles  will   be   found   in 
 Hardwick  on  the  Articles,  chap.  xi. 
 
 [Transcr.  Statutes  of  the  Realm,  iv.  pt.  i.  p.  546.] 
 
 That  the  churches  of  the  queen's  majesty's  dominions  Object  of 
 may  be  served  with  pastors  of  sound  religion,  be  it  enacted  ^^  is  Act. 
 
478 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE      [lxxxiii 
 
 1571. 
 
 Every 
 ecclesias- 
 tical per- 
 son, under 
 degree  of 
 bishop,  not 
 instituted 
 according 
 to  form 
 enjoined 
 by  Act  of 
 Edw.  VI, 
 or  that 
 now  in 
 force,  to 
 subscribe 
 the  Arti- 
 cles of 
 1562. 
 
 Certificate 
 of  such 
 subscrip- 
 tion to  be 
 given. 
 
 Penalty 
 for  refusal 
 to  sub- 
 scribe. 
 
 Penalty  for 
 
 holding 
 
 doctrine 
 
 contrary 
 
 to  the 
 
 Articles. 
 
 by  the  authority  of  this  present  Parh"ament,  that  every 
 person  under  the  degree  of  a  bishop,  which  does  or  shall 
 pretend  to  be  a  priest  or  minister  of  God's  holy  word  and 
 sacraments,  by  reason  of  any  other  form  of  institution,  con- 
 secration, or  ordering,  than  the  form  set  forth  by  Parliament 
 in  the  time  of  the  late  king  of  most  worthy  memory,  King 
 Edward  VI,  or  now  used  in  the  reign  of  our  most  gracious 
 sovereign  lady,  before  the  feast  of  the  Nativity  of  Christ  next 
 following,  shall  in  the  presence  of  the  bishop  or  guardian  of 
 the  spiritualities  of  some  one  diocese  where  he  has  or  shall 
 have  ecclesiastical  living,  declare  his  assent,  and  subscribe  to 
 all  the  articles  of  religion,  which  only  concern  the  confession 
 of  the  true  Christian  faith  and  the  doctrine  of  the  sacra- 
 ments, compnsed  in  a  book  imprinted,  intituled  :  Articles, 
 whereupon  it  was  agreed  by  the  archbishops  and  bishops 
 of  both  provinces,  and  the  whole  clergy  in  the  Convocation 
 holden  at  London  in  the  year  of  our  Lord  God  one 
 thousand  five  hundred  sixty  and  two,  according  to  the 
 computation  of  the  Church  of  England,  for  the  avoiding 
 of  the  diversities  of  opinions,  and  for  the  establishing  of 
 consent  touching  true  religion  put  forth  by  the  queen's 
 authority ;  and  shall  bring  from  such  bishop  or  guardian 
 of  spiritualities,  in  writing,  under  his  seal  authentic,  a  testi- 
 monial of  such  assent  and  subscription ;  and  openly,  on 
 some  Sunday,  in  the  time  of  the  public  service  afore  noon, 
 in  every  church  where  by  reason  of  any  ecclesiastical  living 
 he  ought  to  attend,  read  both  the  said  testimonial  and  the 
 said  Articles  ;  upon  pain  that  every  such  person  which  shall 
 not  before  the  said  feast  do  as  is  above  appointed,  shall  be 
 ipso  facto  deprived,  and  all  his  ecclesiastical  promotions  shall 
 be  void,  as  if  he  then  were  naturally  dead. 
 
 And  that  if  any  person  ecclesiastical,  or  which  shall  have 
 ecclesiastical  living,  shall  advisedly  maintain  or  affirm  any 
 doctrine  directly  contrary  or  repugnant  to  any  of  the  said 
 Articles,  and  being  con  vented   before  the  bishop  of  the 
 
Lxxxiii]     HISTORY  OF  THE  ENGLISH  CHURCH  479 
 
 diocese  or  the  ordinary,  or  before  the  queen's  highness's  1571. 
 commissioners  in  causes  ecclesiastical,  shall  persist  therein, 
 or  not  revoke  his  error,  or  after  such  revocation  eftsoon 
 affirm  such  untrue  doctrine,  such  maintaining  or  affirming 
 and  persisting,  or  such  eftsoon  affirming,  shall  be  just  cause 
 to  deprive  such  person  of  his  ecclesiastical  promotions ;  and 
 it  shall  be  lawful  to  the  bishop  of  the  diocese  or  the 
 ordinary,  or  the  said  commissioners,  to  deprive  such  person 
 so  persisting,  or  lawfully  convicted  of  such  eftsoons  affirm- 
 ing, and  upon  such  sentence  of  deprivation  pronounced  he 
 shall  be  indeed  deprived. 
 
 And  that  no  person  shall  hereafter  be  admitted  to  any  What  is 
 benefice  with  cure,  except  he  then  be  of  the  age  of  three  and  I'^^V''"^^, 
 
 ■^  °  in  him  who 
 
 twenty  years  at  the  least  and  a  deacon,  and  shall  first  have  shall  be 
 subscribed  the  said   Articles  in  presence  of  the  ordinary,  ^^"^'t^ed 
 and  publicly  read  the  same  in  the  parish  church  of  that  benefice, 
 benefice,   with  declaration  of  his  unfeigned  assent  to  the 
 same :  and  that  every  person  after  the  end  of  this  session  of 
 Parliament,  to  be  admitted  to  a  benefice  with  cure,  except 
 that  within  two  months  after  his  induction  he  do  publicly 
 read  the  said  Articles  in  the  same  church  whereof  he  shall 
 have  cure,  in  the  time  of  common  prayer  there,  with  declara- 
 tion of  his  unfeigned  assent  thereunto,  and  be  admitted  to 
 minister  the  sacraments  within  one  year  after  his  induction, 
 if  he  be  not  so  admitted  before,  shall  be  upon  every  such 
 default,  ipso  facto,  immediately  deprived. 
 
 And  that  no  person  now  permitted,  by  any  dispensation  The  case  of 
 or  otherwise,   shall    retain   any  benefice    with  cure,  being  ^  °^^  ^° 
 
 '  ■'  5  o  ing  under 
 
 under  the  age  of  one  and  twenty  years,  or  not  being  deacon  dispensa- 
 at  the  least,  or  which  shall  not  be  admitted  as  is  aforesaid,  *^°^' 
 within  one  year  next  after  the  making  of  this  Act,  or  within 
 six  months  after  he  shall  accomplish  the  age  oi  four  and 
 twenty  years,  on  pain  that  such  his  dispensation  shall  be 
 merely  void. 
 
 And  that  none  shall  be  made  minister,  or  admitted  ^o^^^\^^^ 
 
480  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxxiii 
 
 1571.      preach  or  administer  the  sacraments,  being  under  the  age 
 
 age  and       ^f  f^^j.  ^^^  twenty  years  ;  nor  unless  he  first  brinsr  to  the 
 learning  in  j    j  ^  o 
 
 ministers,    bishop  of  that  diocese,  from  men  known  to  the  bishop  to 
 
 be  of  sound  rehgion,  a  testimonial  both  of  his  honest  life 
 
 and  of  his  professing  the  doctrine  expressed  in  the  said 
 
 Articles ;  nor  unless  he  be  able  to  answer  and  render  to 
 
 the  ordinary  an  account  of  his  faith,  in  Latin  according 
 
 to  the  said  Articles,  or  have  special  gift  and  ability  to  be 
 
 a  preacher ;  nor  shall  be  admitted  to  the  order  of  deacon 
 
 or   ministry,   unless    he  shall   first    subscribe    to   the   said 
 
 Articles. 
 
 None  shall      And  that  none  hereafter  shall  be  admitted  to  any  benefice 
 
 have  a        ^yjj-|^  cure,  of  or  above  the  value  of  thirty  pounds  yearly  in 
 
 of  30/.  a      the  queen's  books,  unless  he  shall  then  be  a  bachelor  of 
 
 year,  or      divinity,   or  a  preacher  lawfully  allowed   by  some  bishop 
 
 less  aB.D.  within  this  realm,  or  by  one  of  the  universities  of  Cambridge 
 
 °^  ^  ,  or  Oxford, 
 
 preacher. 
 
 Dispensa-        ^^^  ^^^^^  ^^^  admissions  to  benefices,  institutions,  and 
 tions  to       inductions,  to  be  made  of  any  person  contrary  to  the  form 
 trary  void    ^^  ^^^  provision  of  this  Act,  and  all  tolerations,  dispensa- 
 tions,  qualifications,  and  licences  whatsoever  to  be  made 
 to  the  contrary  hereof,  shall  be  merely  void  in  law,  as  if  they 
 never  were. 
 No  lapse  Provided  alway,   that  no  title  to  confer  or  present  by 
 
 upon  de-     j^psg^  shall  accrue  upon  any  deprivation  ipso  facto,  but  after 
 but  after '    six  months  after  notice  of  such  deprivation  given  by  the 
 
 notice. 
 
 ordinary  to  the  patron. 
 
Lxxxiv]     HISTORY  OF  THE  ENGLISH  CHURCH  481 
 
 LXXXIV. 
 
 ARTICLES  TOUCHING  PREACHERS  AND  OTHER 
 ORDERS  FOR  THE  CHURCH,  a.d.  1583. 
 
 Whitgift  was  elected  archbishop  on  August  24, 1583.  He  was  con-  1583. 
 firmed  a  month  later.  The  first  act  of  his  episcopate  was  to  issue, 
 after  consultation  with  the  bishops  of  the  province,  the  following 
 Articles.  They  were  sent  to  the  bishops  October  19,  who  were 
 required  to  supply  the  archbishop  with  information  as  to  conformity 
 in  their  dioceses. 
 
 [Reg.  I.  Whitgift,  fol.  97  a.] 
 
 1.  That  the  laws  late  made  against  the  recusants  be  put  i.  Execu- 
 in  more  due  execution  considering  the  benefit  that  hath  j-ecusancy^ 
 grown  unto  the  Church  thereby,   where  they   have   been  laws. 
 
 so  executed,  and  the  encouragement  which  they  and  others 
 do  receive  by  remiss  executing  thereof. 
 
 2.  That  all  preaching,  reading,  catechizing,  and  other  such-  2.  Inhibi- 
 like  exercises  in  private  places  and  families,  whereunto  others  p°"j^°e 
 do  resort,  being  not  of  the  same  family,  be  utterly  inhibited,  meetings, 
 seeing  the  same  was  never  permitted  as  lawful,  under  any 
 Christian  magistrate,  but  is  a  manifest  sign  of  schism,  and 
 
 a  cause  of  contention  in  the  Church. 
 
 3.  That  none  be  permitted  to  preach,  read,  or  catechize  3.  Preach- 
 in  the  church  or  elsewhere,  unless  he  do,  four  times  in  the  ^'^^  ^^^  .° 
 
 '  '  sayservice, 
 
 year  at  the  least,  say  service,  and  minister  the  sacraments,  &c.,at 
 according  to  the  Book  of  Common  Prayer.  ^iimts 
 
 4.  That  all  preachers,  and  others  in  ecclesiastical  orders,     clerical 
 do  at  all  times  wear  and  use  such  kind  of  apparel  as  is  pre-  apparel  to 
 scribed  unto  them  by  the  book  of  Advertisements  and  her  prerc°[bed^ 
 majesty's  Injunctions  annoprimo.  in  the  Ad- 
 
 5.  That  none  be  permitted  to  preach,  or  interpret  the  ^^^^l' 
 Scriptures,  unless  he  be  a  priest,  or  deacon  at  the  least,  ad-  5.  Pieach- 
 mitted  thereunto  according  to  the  laws  of  this  realm.  ^^^  ™^st  be 
 
 I  i 
 
482  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxxiv 
 
 1583.  6.  That  none  be  permitted  to  preach,  read,  catechize, 
 
 ordained  minister  the  sacraments,  or  to  execute  any  other  eccle- 
 merf^"        siastical  function,  by  what  authority  soever  he  be  admitted 
 
 6.  All  who  thereunto,  unless  he  consent  and  subscribe  to  these  Articles 
 officiate      following,  before  the  ordinary  of  the  diocese  wherein  he 
 
 ^^^  ••  ••11 
 
 subscribe    preacheth,  readeth,  catechizeth,   or  mmistereth  the  sacra- 
 
 as  follows  ixients,  viz.: 
 
 before  the 
 
 ordinary:        (i)  That  her  majesty,  under  God,  hath,  and  ought   to 
 
 (i)  The       havC;,  the  sovereignty  and  rule  over  all  manner  of  persons 
 
 roya  su-  j^qj-j^  within  her  realms,  dominions,  and  countries,  of  what 
 premacy.  '  '  ' 
 
 estate,  either  ecclesiastical  or  temporal,  soever  they  be  ;  and 
 that  no  foreign  power,  prelate,  state,  or  potentate  hath,  or 
 ought  to  have,  any  jurisdiction,  power,  superiority,  pre- 
 eminence, or  authority,  ecclesiastical  or  spiritual,  within 
 her  majesty's  said  realms,  dominions,  and  countries. 
 
 (2)  Law-  (2)  That  the  Book  of  Common  Prayer,  and  of  ordering 
 usronhe  bishops,  priests,  and  deacons,  containeth  nothing  in  it  con- 
 Prayer-      trary  to  the  word  of  God,  and  that  the  same  may  lawfully 
 
 °°  be  used,  and  that  he  himself  will  use  the  form  of  the  said 
 
 book  prescribed  in  public  prayer  and  administration  of  the 
 sacraments,  and  none  other. 
 
 (3)  Allow-  (3)  That  he  alloweth  the  book  of  Articles  of  religion, 
 ance  of  the  agreed  upon  by  the  archbishops  and  bishops  of  both  pro- 
 1562.  vinces,  and  the  whole  clergy  in  the  Convocation  holden  at 
 
 London  in  the  year  of  our  Lord  God  1562,  and  set  forth  by 
 her  majesty's  authority,  and  that  he  believeth  all  the  Articles 
 therein  contained  to  be  agreeable  to  the  word  of  God. 
 
 7.  None  to  7.  That  from  henceforth  none  be  admitted  to  any  orders 
 /j^^',  ecclesiastical,  unless  he  do  then  presently  show  to  the 
 without  bishop  a  true  presentation  of  himself  to  a  benefice  then  void 
 sufficient     within  the  diocese  or  jurisdiction  of  the  said  bishop,  or 
 
 unless  he  show  unto  the   same  bishop  a  true  certificate, 
 
 where  presently  he  may  be  placed  to  serve  some  cure  within 
 
 the  same  diocese  or  jurisdiction,  or  unless  he  be  placed  in 
 
 .  some  cathedral  or  collegiate  church,  or  college  in  Cambridge 
 
LxxxivJ      HISTORY  OF  THE  ENGLISH  CHURCH  483 
 
 or  Oxford,  or  unless  the  said  bishop  shall  then  forthwith      1583. 
 
 place  him  in  some  vacant  benefice  or  cure. 
 
 8.  And  that  no  bishop  henceforth  do  admit  any  into  8.  Candi- 
 
 orders,  but  such  as  shall  be  of  his  own  diocese,  unless  he  be  ordtnation 
 
 of  one  of  the  universities,  or  bring  his  letters  dimissory  from  to  be  of  the 
 
 the  bishop  of  the  diocese,  and  be  of  age  full  twenty-four  ^J^^^^f^' 
 
 years,  and  a  graduate  of  the  university,  or  at  the  least  able  canonical 
 
 in  the  Latin  tongue  to  yield  an  account  of  his  faith,  accord-  p|tent°"^' 
 
 ing  to  the  Articles  of  religion  agreed  upon  in  Convocation,  learning, 
 
 and  that  in  such  sort  as  that  he  can  note  the  sentences  of  ^JJ^j-act^er 
 
 Scripture  whereupon  the  truth  of  the  said  Articles  is  grounded,  duly  certi- 
 
 and  bring  a  sufficient  testimonial  with  him  of  his  honest  life    ^  ' 
 
 and  conversation,  either  under  the  seal  of  some  college  in 
 
 the  universities,  where  he  hath  remained,,  or   from   some 
 
 justice  of  the  peace,  with  other  honest  men  of  that  parish, 
 
 where  he  hath  made  his  abode  for  three  years  before ;  and 
 
 that  the  bishop,  which  shall  admit  any  into  orders  being 
 
 not  in  this  manner  qualified,  be  by  the  archbishop,  with 
 
 the  assistance  of  some  one  other  bishop,  suspended  from 
 
 admitting  any  into  orders  for  the  space  of  two  years. 
 
 Q.  And  that  no  bishop  institute  any  into  a  benefice,  but  9;  No 
 
 11  M      1  J  -r   L      A      u        bishop  to 
 
 such  as  be  of  the  ability  before  prescribed :  and  if  the  Arches,  institute  a 
 
 by  double  quarrel  or  otherwise,  proceed  against  the  said  clerk  un- 
 
 bishop,  for  refusal  of  such  as  be  not  of  that  ability,  that  the  ^^^^  ^nd  tc 
 
 Archbishop  of  Canterbury,  either  by  his  own  authority  or  be  pro- 
 
 ^  ,  ,  ,  .  ,  tectedfor 
 
 by  means  procured  from  her  majesty,  may  stay  such  process,  refusal. 
 
 that  the  endeavour  of  the  bishop  may  take  place. 
 
 10.  That  one  kind  of  translation  of  the  Bible  be  only  used  lo-  Th^ 
 
 authorized 
 
 in  public  service,  as  well  in  churches  as  chapels,  and  that  to  version  of 
 be  the  same  which  is  now  authorized  by  the  consent  of  the  the  Bible, 
 bishops. 
 
 11.  That  from  henceforth  there  be  no  commutation  of"-  Pen- 
 
 ance only 
 penance,  but  in  rare  respects  and  upon  great  consideration,  ^^  be  com- 
 
 and  when  it  shall  appear  to  the  bishop  himself  that  that  muted  in 
 
 .       .  T        -         .  r    ,      rare  cases, 
 
 shall  be  the  best  way  for  winning  and  reforming  ot  the  and  to  be 
 
 I  i  2 
 
484  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxxiv 
 
 1583.  offender,  and  that  the  penalty  be  employed  either  to  the 
 well  ap-  relief  of  the  poor  of  that  parish  or  to  other  godly  uses,  and 
 with  due  the  same  well  witnessed  and  made  manifest  to  the  congrega- 
 tokens  of  tion ;  and  yet,  if  the  fault  be  notorious,  that  the  offender 
 ment.  make   some  satisfaction,   either  in    his    own    person,  with 
 
 declarations  of  his  repentance  openly  in  the  church,  or  else 
 that  the  minister  of  the  church  openly  in  the  pulpit  signify 
 to  his  people  his  submission  and  declaration  of  his  repent- 
 ance done  before  the  ordinary,  and  also  in  token  of  his 
 repentance  what  portion  of  money  he  hath  given  to  be 
 employed  to  the  uses  above  named. 
 Marriage         As  persons  of  honest,  worshipful,  and  honourable  calling 
 
 licences,      ^       necessarily  and  reasonably  have  occasions  sometimes 
 
 where  -'  ■'  •' 
 
 necessary,  to  solemnize  marriage  by  licence  for  the  banns  asking  or  for 
 
 can  only     ^^^^  ^^  twice  without  any  great  harm,  so  for  avoiding  gene- 
 
 under         rally  of  inconveniences  noted  in  this  behalf,  it  is  thought 
 
 bonds  and  expedient  that  no  dispensations  be  granted  for  marriage 
 
 upon  con-         ^  ^  1  •  1 
 
 ditions        without  banns,  but  under  sufficient  and  large  bonds,  with 
 
 following  :  ^j^ggg  conditions  following  : 
 
 impedi-  First,  that  there  shall  not  afterwards  appear  any  lawful  let 
 
 ment  after-  or  impediment  by  reason  of  any  pre-contract,  consanguinity, 
 
 pear.  affinity,  or  any  other  lawful  means  whatsoever. 
 
 2.  If  no  Secondly,  that  there  be  not  at  that  present  time  of  grant- 
 
 ^end^n    i    ^"§  ^^^^  dispensation  any  suit,  plaint,  quarrel,  or  demand 
 
 connexion  moved  or  depending  before  any  judge,  ecclesiastical  or  tem- 
 
 withany    pQj.^1^   foj.   ^^^   concerning   any   such   lawful   impediment 
 
 pediment,   between  such  the  parties ;  and 
 
 3-  If  Thirdly,  they  proceed  not  to  the  solemnization  of  the 
 
 guardians*^  marriage  without  the  consent  of  the  parents  or  governors. 
 
 consent.  Lastly,  that  the  marriage  be  openly  solemnized  in  the 
 
 "^^  ^^.'^^      church.     The  copy  of  which  bond  is  to  be  set  down  and 
 marriage  ^■' 
 
 take  place  given  in  charge  for  every  bishop  in  his  diocese  to  follow ; 
 in  church,  provided  that  whosoever  offendeth  against  this  order  be 
 
 and  a  cop3'  ^  ° 
 
 of  the  bond  suspended  ab  executione  officii  for  one  half-year. 
 
 be  filed 
 
 under 
 
 penalty. 
 
Lxxxv]      HISTORY  OF  THE  ENGLISH  CHURCH  485 
 
 LXXXV. 
 
 ACT  AGAINST  JESUITS  AND  SEMINARISTS, 
 A.  D.   1585. 
 
 27  Elizabeth,  cap.  2. 
 
 This  Act  was  the  first  passed  directly  against  Jesuits  and  Seminarists,  15S5. 
 although  they  virtually  came  under  the  penalties  of  the  Elizabethan 
 Supremacy  Act  (ante,  No.  LXXIX\  and  also  under  the  Acts  5  Eliz. 
 cap.  I,  and  13  Eliz.  cap.  i,  sec.  r.  The  present  Act  was  stringently 
 reinforced  by  i  Jac.  I,  cap.  4,  '  For  the  due  execution  of  the  Statutes 
 against  Jesuits,  Seminary  Priests,'  &c.  Proclamations  were  issued 
 expelling  Roman  Catholic  priests  in  1604,  1606,  and  1625.  After 
 this  time  the  special  anti-Jesuit  laws  slumbered  until  13  Anne, 
 cap  13,  vested  the  punishment  of  Jesuits  in  Scotland  in  the  Lords 
 of  Justiciary. 
 
 [Transcr.  Statutes  of  the  Realm,  iv.  pt.  i.  p.  706.] 
 
 Whereas  divers  persons  called  or  professed  Jesuits,  semi-  influx  of 
 nary  priests,  and  other  priests,  which  have  been,  and  from  J^r*"^^ 
 time  to  time  are  made  in  the  parts  beyond  the  seas,  by  or  England, 
 according  to  the  order  and  rites  of  the  Romish  Church, 
 have  of  late  years  come  and  been  sent,  and  daily  do  come 
 and  are  sent,  into  this  realm  of  England  and  other  the 
 queen's  majesty's  dominions,  of  purpose  (as  has  appeared,  Objects  of 
 as  well  by  sundry  of  their  own  examinations  and  confes- *^^^'"  ^*^^^- 
 sions,  as  by  divers  other  manifest  means  and  proofs)  not 
 only  to  withdraw  her  highness's  subjects    from  their  due 
 obedience  to  her  majesty,   but   also  to  stir  up  and  move 
 sedition,  rebellion,  and  open  hostility  within  the  same  her 
 highness's  realms  and  dominions,  to  the  great  endangering  of  Danger 
 the  safety  of  her  most  royal  person,  and  to  the  utter  ruin,  therefrom, 
 desolation,  and  overthrow  of  the  whole  realm,  if  the  same 
 be  not  the  sooner  by  some  good  means  foreseen  and  pre- 
 vented : 
 
 For  reformation  whereof  be  it  ordained,  established,  and  ^^\  P^'^sts, 
 
 ordained 
 
486  DOCUMENTS  ILLUSTRATIVE  OF  THE      [lxxxv 
 
 1585.      enacted   by  the  queen's  most  excellent  majesty,  and  the 
 since  Lords  Spiritual  and  temporal,   and  the  Commons,  in  this 
 
 Tunc  24 
 
 last,  present  Parliament  assembled,  and  by  the  authority  of  the 
 
 out  of  the    same  Parliament,  that  all  and  every  Jesuits,  seminary  priests, 
 
 dominions  ^^^  Other  priests  whatsoever  made  or  ordained  out  of  the 
 
 to  quit  the  realm  of  England  or  other  her  highness's  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  St.  John  Baptist  in  the  first  year  of  her  highness's 
 
 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's  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. 
 
 Those  born      And  be  it  further  enacted  by  the  authority  aforesaid,  that 
 
 wit  in  t  IS  ^j.  gj^j^ij  j^Q|.  ]qq  lawful  to  or  for  any  Jesuit,  seminary  priest,  or 
 realm,  or-  .    .  . 
 
 dained  by   Other   such   priest,    deacon,    or   religious    or   ecclesiastical 
 
 ^°j"^"       person  whatsoever,   being  born  within  this  realm,  or  any 
 
 since  Other  her  highness's  dominions,  and  heretofore  since  the  said 
 
 June  24,     feast  of  the  Nativity  of  St.  John  Baptist,  in  the  first  year  of 
 shall  not      ,  .         ,  .     ^  -,  ,    .       V  r  i  1 
 
 come  to  or  her  majesty  s  reign,  made,  ordamed,  or  professed,  or  here- 
 
 remam  in    after  to  be  made,  ordained,  or  professed,  by  any  authority 
 
 realm.         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's 
 
 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  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. 
 
Lxxxv]      HISTORY  OF  THE  ENGLISH  CHURCH  487 
 
 And  every  person  which  after  the  end  of  the  same  forty      1585. 
 
 days,  and  after  such  time  of  departure  as  is  before  h'mited  ^^^^}^y  ^^^ 
 ■'   '  '  receiving 
 
 and  appointed,  shall  wittingly  and  willingly  receive,  relieve,  orrelieving 
 
 comfort,  aid,  or  maintain  any  such  Jesuit,  seminary  priest,  ^^p^ 
 
 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. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid,  if  They  who 
 any  of  her  majesty's  subjects  (not  being  a  Jesuit,  seminary  ^^  ^!^ 
 priest,  or  other  such  priest,  deacon,  or  religious  or  ecclesias-  abroad, 
 
 tical  person,  as  is  before  mentioned)  now  being,  or  which  ^^^^\  ^^ter 
 ^  .  1  procJama- 
 
 hereafter  shall  be  of,  or  brought  up  in,  any  college  of  tion,  re- 
 Jesuits,  or  seminary  already  erected  or  ordained,  or  here-  ^"^"  ^"^ 
 after  to  be  erected  or  ordained,  in  the  parts  beyond  the  oath, 
 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's  do- 
 minions, for  such  offence  of  returning  or  being  in  this 
 realm  or  any  other  her  highness's  dominions,  without  sub- 
 mission, as  aforesaid,  shall  also  be  adjudged  a  traitor,  and 
 suffer,  lose  and  forfeit,  as  in  case  of  high  treason. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid,  if  Penaltyfor 
 any  person  under  her   majesty's  subjection  or  obedience  ^y^^^ 
 shall  at  any  time  after  the  end  of  the  said  forty  days,  by  priests,  or 
 
488  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxxv 
 
 1585.  way  of  exchange,  or  by  any  other  shift,  way,  or  means  what- 
 other  per-  soever,  wittingly  and  willingly,  either  directly  or  indirectly, 
 ingin  semi-  convey,  deliver  or  send,  or  cause  or  procure  to  be  conveyed 
 nanes         qj.  delivered,  to  be  sent  over  the  seas,  or  out  of  this  realm, 
 
 abroad.  ^  ,        ,  .         ,     ,        .    .  ... 
 
 or  out  of  any  other  her  majesty  s  dommions  or  territories,  into 
 
 any  foreign  parts,  or  shall  otherwise  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  Frcemunire,  mentioned   in   the 
 
 Statute  of  PrcBmunire,  made  in  the  sixteenth  year  of  the 
 
 reign  of  King  Richard  II. 
 
 Penalty  And  be  it  further  enacted  by  the  authority  aforesaid,  that 
 
 forsending  j^  ^\\2\\  not  be  lawful  for  any  person  of  or  under  her  hish- 
 children  ,      ,.  .  ^  ,  ^  ^ 
 
 abroad  for  ness  s   obedience,  at   any  time  after  the  said  forty  days, 
 
 education,  duj-jng  her  majesty's  life  (which  God  long  preserve)  to  send 
 his  or  her  child,  or  other  person,  being  under  his  or  her 
 government,  into  any  the  parts  beyond  the  seas  out  of  her 
 highness's  obedience,  without  the  special  licence  of  her 
 majesty,  or  of  four  of  her  highness's  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 
 merchandise,  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. 
 
 fencTs^  °         And  be  it  also  enacted  by  the  authority  aforesaid,  that . 
 
Lxxxv]      HISTORY  OF  THE  ENGLISH  CHURCH  489 
 
 every  offence  to  be  committed  or  done  against  the  tenor  of      1585. 
 this   Act  shall  and  may  be  inquired  of,  heard  and  deter-  committed 
 mined,  as  well   in  the  court  commonly  called   the  king's  fhig  A^ct 
 bench  in  the  county  where  the  same  court  shall  for  the  shall  be 
 time  be,  as  also  in  any  other  county  within  this  realm,  or  ^^^^^^ 
 any  other  her  highness's  dominions  where  the  offence  is  or  deter- 
 shall  be  committed,  or  where  the  offender  shall  be  appre- 
 hended and  taken. 
 
 Provided  also,  and  be  it  enacted  by  the  authority  afore-  Special 
 said,  that  it  shall  and  may  be  lawful  for  and  to  every  owner  s^lp-^ 
 and  master  of  any  ship^  bark  or  boat,  at  any  time  within  the  owners 
 said  forty  days,  or  other  time  before  limited  for  their  de-  i^t^jesuits 
 parture,  to  transport  into  any  the  parts  beyond  the  seas,  any  beyond 
 such  Jesuit,  seminary  priest^  or  other  priest  aforesaid,  so  as  j^  ^  certain 
 the  same  Jesuit,  seminary  priest,  or  other  priest  aforesaid  so  time, 
 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  has  remained  in  this 
 realm,  or  in  any  other  her  highness's  dominions,  being  under 
 her  obedience. 
 
 Provided  also,   that  this  Act,  or  anything  therein  con-  Special 
 
 tained,   shall  not   in   anywise  extend  to  any  such  Jesuit,  paving  for 
 
 seminary  priest,  or  other  such  priest,  deacon,  or  religious  or  taking  the 
 
 ecclesiastical  person  as  is  before  mentioned,  as  shall  at  any  °,,     ° 
 
 ^  '  ■'  allegiance. 
 
 time  within  the  said  forty  days,  or  within  three  days  after 
 that  he  shall  hereafter  come  into  this  realm,  or  any  other 
 her  highness's  dominions,  submit  himself  to  some  arch- 
 bishop 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  pi-iino,  and  by  writing  under  his  hand  confess  and 
 acknowledge,  and  from  thenceforth  continue,  his  due  obe- 
 dience unto  her  highness's  laws,  statutes  and  ordinances, 
 
490 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxxv 
 
 1585. 
 
 Peers 
 oftending, 
 to  be  tried 
 by  peers. 
 
 Special 
 saving  for 
 Jesuits  in 
 ill-health. 
 
 and  for 
 those 
 maintain- 
 ing them. 
 
 Penalty 
 for  with- 
 holding 
 
 made  and  provided  or  to  be  made  or  provided  in  causes  of 
 religion. 
 
 Provided  always,  if  it  happen  at  any  time  hereafter  any 
 peer  of  this  realm  to  be  indicted  of  any  offence  made 
 treason,  felony  or  Frcemufiire,  by  this  Act,  that  he  shall  have 
 his  trial  by  his  peers,  as  in  other  cases  of  treason,  felony  or 
 PrcEmunire,  is  accustomed. 
 
 Provided  nevertheless,  and  it  is  declared  by  authority 
 aforesaid,  that  if  any  such  Jesuit,  seminary  priest,  or  other 
 priests  abovesaid,  shall  fortune  to  be  so  weak  or  infirm  of 
 body,  that  he  or  they  may  not  pass  out  of  the  realm  by  the 
 time  herein  limited  without  imminent  danger  of  life,  and 
 this  understood  as  well  by  the  corporal  oath  of  the  party  as 
 by  other  good  means,  unto  the  bishop  of  the  diocese  and 
 two  justices  of  peace  of  the  same  county  where  such  person 
 or  persons  do  dwell  or  abide;  that  then,  and  upon  good 
 and  sufficient  bond  of  the  person  or  persons,  with  sureties, 
 of  the  sum  of  two  hundred  pounds  at  the  least,  with  con- 
 dition that  he  or  they  shall  be  of  good  behaviour  towards 
 our  sovereign  lady  the  queen  and  all  her  liege  people,  then 
 he  or  they  so  licensed  and  doing  as  is  aforesaid,  shall  and 
 may  remain  and  be  still  within  this  realm,  without  any  loss 
 or  danger  to  fall  on  him  or  them  by  this  Act,  for  so  long 
 time  as  by  the  same  bishop  and  justices  shall  be  limited 
 and  appointed,  so  as  the  same  time  of  abode  exceed  not 
 the  space  of  six  months  at  the  most ; 
 
 And  that  no  person  or  persons  shall  sustain  any  loss,  or 
 incur  any  danger  by  this  Act,  for  the  receiving  or  maintain- 
 ing of  any  such  person  or  persons  so  licensed  as  is  afore- 
 said, for  and  during  such  time  only  as  such  person  or 
 persons  shall  be  so  licensed  to  tarry  within  this  realm, 
 anything  contained  in  this  Act  to  the  contrary  notwith- 
 standing. 
 
 And  be  it  also  further  enacted  by  authority  aforesaid, 
 that  every  person  or  persons,  being  subjects  of  this  realm, 
 
Lxxxv]     HISTORY  OF  THE  ENGLISH  CHURCH  491 
 
 which  after  the  said  forty  days  shall  know  and  understand      1585. 
 that  any  such  Jesuit,  seminary  priest,  or  other  priest  above-  knowledge 
 said,   shall  abide,  stay,  tarry,  or  be  within  this  realm  or  remaining 
 other  the  queen's  dominions  and  countries,  contrary  to  the  within  the 
 true  meaning  of  this  Act,  and  shall  not  discover  the  same 
 unto  some  justice  of  peace  or  other  higher  officer,  within 
 twelve  days   next  after  his  said  knowledge,   but  willingly 
 conceal  his  knowledge  therein ;    that  every  such   offender 
 shall  make  fine,  and  be  imprisoned  at  the  queen's  pleasure. 
 And  that  if  such  justice  of  peace,  or  other  such  officer  to 
 whom  such  matter  shall  be  so  discovered,  do  not  within 
 eight  and  twenty  days  then  next  following  give  information 
 thereof  to  some  of  the  queen's  privy  council,   or   to   the 
 president  or  vice-president  of  the  queen's  council  estab- 
 lished in  the  north,  or  in  the  marches  of  Wales,  for  the  time 
 being;  that  then  he  or  they  so  offending  shall,  for  every 
 such  offence,  forfeit  the  sum  of  two  hundred  marks. 
 
 And  be  it  likewise  enacted  by  the  authority  aforesaid,  A  certifi- 
 that  such  of  the  privy  council,  president  or  vice-president,  p^ven'^to  " 
 to  whom  such  information  shall  be  made,  shall  thereupon  the  in- 
 deliver  a  note  in  writing,  subscribed  with  his  own  hand,  to 
 the  party  by  whom  he  shall  receive  such  information,  testi- 
 fying that  such  information  was  made  unto  him. 
 
 And  be  it  also  enacted,  that  all  such  oaths,  bonds,  and  Oaths, 
 submissions,  as  shall  be  made  by  force  of  this  Act,  as  afore-  subm^s-^" 
 said,  shall  be  certified  into  the  chancery  by  such  parties  sions  to  be 
 before  whom  the  same  shall  be  made,  within  three  months  Ij^tVthe 
 after  such  submission ;  upon  pain  to  forfeit  and  lose  for  chancery, 
 every  such  offence  one  hundred  pounds  of  lawful  English 
 money ;  the  said  forfeiture  to  be  to  the  queen,  her  heirs 
 and  successors : 
 
 And  that  if  any  person  so  submitting  himself,  as  afore-  Even 
 said,  do  at  any  time  within  the  space  of  ten  years  after  such  niittino- 
 submission  made,   come  within   ten   miles  of  such  place  shall  not 
 where  her  majesty  shall  be,  without  especial  licence  from  her  j^  t^^ 
 
492  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxxxv 
 
 1585.      majesty  in  that  behalf  to  be  obtained  in  writing  under  her 
 miles  of  the  1^^^^^      that  then  and  from  thenceforth  such  person  shall 
 
 queen,  '  ^ 
 
 without      take  no  benefit  of  the  said  submission,  but  that  the  same 
 icence.       submission  shall  be  void  as  if  the  same  had  never  been. 
 
 LXXXVI. 
 
 THE  ACT  AGAINST  PURITANS,  a.d.  1593. 
 35  Elizabeth,  cap.  1. 
 
 1593.  This  Act  was  the  culmination  of  the  measures  taken  by  Elizabeth 
 
 to  repress  Puritanism.  Her  legislation  began  with  the  Supremacy  Act 
 {ante,  No.  LXXVIII),  and  was  continued  by  the  Uniformity  Act  ante, 
 No.  LXXIX),  and  the  proclamation  of  1573  addressed  to  the  bishops 
 appointing  a  special  commission  of  oyer  and  terminer.  Account 
 must  also  be  taken  of  the  proceedings  of  the  courts  of  Star  Chamber 
 and  High  Commission.  The  Act  of  1593  was  continued  by  3  Car.  I, 
 cap.  4,  saving  certain  clauses  repealed  by  3  Jac.  I,  cap.  4,  and  was 
 further  continued  by  16  Car.  I,  cap.  4.  The  Toleration  Act  {post, 
 No.  CXXni)  may  be  considered  to  have  finally  abrogated  the  Act 
 of  Elizabeth. 
 
 [Transcr.  Statutes  of  the  Realm,  iv.  pt.  2,  p.  841.] 
 
 Punish-  For  the  preventing  and  avoiding  of  such  great  incon- 
 
 ment  for     veniencies  and  perils  as  might  happen  and  grow  by  the 
 
 come  to      wicked  and  dangerous  practices  of  seditious  sectaries  and 
 
 church,       disloyal  persons;  be  it  enacted  by  the  Queen's  most  excellent 
 
 majesty,  and  by  the  Lords  spiritual  and  temporal,  and  the 
 
 Commons,  in  this  present  Parliament  assembled,  and  by  the 
 
 authority  of  the  same,  that  if  any  person  or  persons  above 
 
 the  age  of  sixteen  years,  which  shall  obstinately  refuse  to 
 
 repair  to  some  church,  chapel,  or  usual  place  of  common 
 
 prayer,  to  hear  divine  service  established  by  her  majesty's 
 
 laws  and  statutes  in  that  behalf  made,  and  shall  forbear 
 
 to  do  the  same  by  the  space  of  a  month  next  after,  without 
 
 lawful  cause,  shall  at  any  time  after  forty  days  next  after  the 
 
Lxxxvi]      HISTORY  OF  THE  ENGLISH  CHURCH 
 
 493 
 
 end  of  this  session  of  Parliament,  by  printing,  writing,  or      1593. 
 express  words  or  speeches,  advisedly  and  purposely  practise  °^  ^?^  ^"- 
 or  go  about  to  move  or  persuade  any  of  her   majesty's  challenge^ 
 subjects,  or  any  other  within  her  highness's  realms  or  domin-  of  the^ 
 ions,  to  deny,  withstand,  and  impugn  her  majesty's  power  title  in 
 and  authority  in  causes  ecclesiastical,  united,  and  annexed  to  ec^^lesias- 
 the  imperial  crown  of  this  realm ;  or  to  that  end  or  purpose  causes, 
 shall  advisedly  and  maliciously  move  or  persuade  any  other 
 person  whatsoever  to   forbear  or  abstain  from  coming  to 
 church  to  hear  divine  service,  or  to  receive  the  communion 
 according  to  her  majesty's  laws  and  statutes  aforesaid,  or  to 
 come  to  or  be  present  at  any  unlawful  assemblies,  conven- 
 ticles, or  meetings,  under  colour  or  pretence  of  any  exercise 
 of  religion,  contrary  to  her  majesty's  said  laws  and  statutes ; 
 or  if  any  person  or  persons  which  shall  obstinately  refuse  to  Penalty 
 repair  to  some  church,  chapel,  or  usual  place  of  common  ^°^  P^^" 
 
 11  sence  at 
 
 prayer,  and  shall  forbear  by  the  space  of  a  month  to  hear  conventi- 
 divine  service,  as  is  aforesaid,  shall  after  the  said  forty  days,  ^^'^^• 
 either  of  him  or  themselves,  or  by  the  motion,  persuasion, 
 enticement,  or  allurement  of  any  other,  willingly  join,  or 
 be  present  at,  any  such  assemblies,  conventicles,  or  meetings, 
 under  colour  or  pretence  of  any  such  exercise  of  religion, 
 contrary  to  the  laws  and  statutes  of  this  realm,  as  is  afore- 
 said ;  that  then  every  such  person  so  offending  as  aforesaid, 
 and  being  thereof  lawfully  convicted,  shall  be  committed  to 
 prison,  there  to  remain  without  bail  or  mainprise,  until  they 
 shall  conform  and  yield  theihselves  to  come  to  some  church, 
 chapel,  or  usual  place  of  common  prayer,  and  hear  divine 
 service,  according  to  her  majesty's  laws  and  statutes  afore- 
 said, and  to  make  such  open  submission  and  declaration 
 of  their  said  conformity,  as  hereafter  in  this  Act  is  declared 
 and  appointed. 
 
 Provided  always,  and  be  it  further  enacted  by  the  authority  Obstinate 
 aforesaid,  that  if  any  such  person  or  persons,  which  shall  °ff^JJ.<^^^^ 
 offend  against  this  Act  as  aforesaid,  shall  not  within  three  the  realm, 
 
494 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE    [lxxxvi 
 
 1693.  months  next  after  they  shall  be  convicted  of  their  said 
 offence,  conform  themselves  to  the  obedience  of  the  laws 
 and  statutes  of  this  realm,  in  coming  to  the  church  to  hear 
 divine  service,  and  in  making  such  public  confession  and 
 submission,  as  hereafter  in  this  Act  is  appointed  and  ex- 
 pressed, being  thereunto  required  by  the  bishop  of  the 
 diocese,  or  any  justice  of  the  peace  of  the  county  where 
 the  same  person  shall  happen  to  be,  or  by  the  minister 
 or  curate  of  the  parish ;  that  in  every  such  case  every  such 
 offender,  being  thereunto  warned  or  required  by  any  justice 
 of  the  peace  of  the  same  county  where  such  offender  shall 
 then  be,  shall  upon  his  and  their  corporal  oath  before  the 
 justices  of  the  peace  in  the  open  quarter  sessions  of  the 
 same  county,  or  at  the  assizes  and  gaol-delivery  of  the  same 
 county,  before  the  justices  of  the  same  assizes  and  gaol- 
 delivery,  abjure  this  realm  of  England,  and  all  other  the 
 queen's  majesty's  dominions  for  ever,  unless  her  majesty 
 shall  license  the  party  to  return,  and  thereupon  shall  depart 
 out  of  this  realm  at  such  haven  or  port,  and  within  such 
 time,  as  shall  in  that  behalf  be  assigned  and  appointed  by 
 the  said  justices  before  whom  such  abjuration  shall  be  made, 
 unless  the  same  offender  be  letted  or  stayed  by  such  lawful 
 and  reasonable  means  or  causes,  as  by  the  common  laws  of 
 this  realm  are  permitted  and  allowed  in  cases  of  abjuration 
 for  felony  ;  and  in  such  cases  of  let  or  stay,  then  within  such 
 reasonable  and  convenient  time  after,  as  the  common  law 
 requires  in  case  of  abjuration  for  felony,  as  is  aforesaid  ; 
 and  that  the  justices  of  peace  before  whom  any  such  abjura- 
 tion shall  happen  to  be  made,  as  is  aforesaid,  shall  cause 
 the  same  presently  to  be  entered  of  record  before  them,  and 
 shall  certify  the  same  to  the  justices  of  assizes  and  gaol- 
 delivery  of  the  said  county,  at  the  next  assizes  or  gaol-delivery 
 to  be  holden  in  the  same  county. 
 Penalties  And  if  any  such  offender,  which  by  the  tenor  and  intent 
 for  offences  Qf  ^j^ig  ^q^  jg  to  be  abjured  as  is  aforesaid,  shall  refuse 
 
 and  not 
 return 
 without 
 licence. 
 
Lxxxvi]    HISTORY  OF  THE  ENGLISH  CHURCH  495 
 
 to  make  such  abjuration  as  is  aforesaid,  or  after  such  ab-  1593. 
 juration  made,  shall  not  go  to  such  haven,  and  within  such  ^^^^^  this 
 time  as  is  before  appointed,  and  from  thence  depart  out 
 of  this  realm,  according  to  this  present  Act,  or  after  such 
 his  departure  shall  return  or  come  again  into  any  her 
 majesty's  realms  or  dominions,  without  her  majesty's  special 
 licence  in  that  behalf  first  had  and  obtained ;  that  then,  in 
 every  such  case,  the  person  so  offending  shall  be  adjudged 
 a  felon,  and  shall  suffer  as  in  case  of  felony,  without  benefit 
 of  clergy. 
 
 And  furthermore  be  it  enacted  by  the  authority  of  this  An  offen- 
 present  Parliament,  that  if  any  person  or  persons  that  shall  ^^  ^jjg_ 
 at  any  time  hereafter  offend  against  this  Act,  shall  before  he  charged 
 or  they  be  so  warned  or  required  to  make  abjuration  accord-  "^^JJ  g^^, 
 ing  to  the  tenor  of  this  Act,  repair  to  some  parish  church  on  mission, 
 some  Sunday  or  other  festival  day,  and  then  and  there  hear 
 divine  service,  and  at  service-time,  before  the  sermon,  or 
 reading  of  the  gospel,  make  public  and  open  submission 
 and  declaration  of  his  and  their  conformity  to  her  majesty's 
 laws  and  statutes,  as  hereafter  in  this  Act  is  declared  and 
 appointed ;  that  then  the  same  offender  shall  thereupon  be 
 clearly  discharged  of  and  from  all  and  every  the  penalties 
 and  punishments  inflicted  or  imposed  by  this  Act  for  any  of 
 the  offences  aforesaid.    The  same  submission  to  be  made  as 
 hereafter  follows,  that  is  to  say : 
 
 '  I,  A.  B.^  do  humbly  confess  and  acknowledge,  that  I  have  Form  of 
 grievously  offended  God  in  condemning  her  majesty's  godly  ^\ts!on" 
 and  lawful  government  and  authority,  by  absenting  myself 
 from  church,  and  from  hearing  divine  service,  contrary  to 
 the  godly  laws  and  statutes  of  this  realm,  and  in  using  and 
 frequenting  disordered  and  unlawful  conventicles  and  assem- 
 blies, under  pretence  and  colour  of  exercise  of  religion  :  and 
 I  am  heartily  sorry  for  the  same,  and  do  acknowledge  and 
 testify  in  my  conscience  that  no  other  person  has  or  ought 
 to  have  any  power  or  authority  over  her  majesty :  and  I  do 
 
496  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxxvj 
 
 1593.      promise  and  protest,  without  any  dissimulation,  or  any  colour 
 or  means  of  any  dispensation,  that  from  henceforth  I  will 
 from  time  to  time  obey  and  perform  her  majesty's  laws 
 and  statutes,  in  repairing  to  the  church  and  hearing  divine 
 service,  and  do  my  uttermost  endeavour  to  maintain  and 
 defend  the  same.' 
 The  minis-      And  that  every  minister  or  curate  of  every  parish  where 
 ^n\.erth      such  submission  and  declaration  of  conformity  shall  here- 
 submission  after  be  so  made  by  any  such  offender  as  aforesaid,  shall 
 in  a    ook.  presently  enter  the  same  into  a  book  to  be  kept  in  every 
 parish  for  that  purpose,  and  within  ten  days  next  following 
 shall  certify  the  same  in  writing  to  the  bishop  of  the  same 
 diocese. 
 Penalty  for      Provided  nevertheless,  that  if  any  such  offender,  after  such 
 submission  made  as  is  aforesaid^  shall  afterwards  fall  into 
 relapse,   or  eftsoons  obstinately  refuse  to  repair  to  some 
 church,  chapel,  or  usual  place  of  common  prayer,  to  hear 
 divine  service,  and  shall  forbear  the  same  as  aforesaid,  or 
 shall  come  and  be  present  at  any  such  assemblies,  conven- 
 ticles, or  meetings,  under  colour  or  pretence  of  any  exercise 
 of  religion,  contrary  to  her  majesty's  laws  and  statutes ;  that 
 then  every  such  offender  shall  lose  all  such  benefit  as  he  or 
 she  might  otherwise  by  virtue  of  this  Act  have  or  enjoy  by 
 reason  of  their  said  submission,  and  shall  thereupon  stand 
 and  remain  m  such  plight,  condition,  and  degree,  to  all 
 intents  as  though  such  submission  had  never  been  made. 
 Penaltyfor      And  for  that  every  person  having  house  and  family,  is  in 
 ^0^  d"^^"^   duty  bound  to  have  special  regard  of  the  good  government 
 and  ordering  of  the  same ;  be  it  enacted  by  the  authority 
 aforesaid,  that  if  any  person  or  persons  shall  at  any  time 
 hereafter  relieve,  maintain,  retain,  or  keep  in  his  or  their 
 house  or  otherwise,  any  person  which  shall  obstinately  refuse 
 to  come  to  some  church,  chapel,  or  usual  place  of  common 
 prayer,  to  hear  divine  service,  and  shall  forbear  the  same  by 
 the  space  of  a  month  together,  contrary  to  the  laws  and 
 
Lxxxvi]     HISTORY  OF  THE  ENGLISH  CHURCH  497 
 
 statutes  of  this  realm ;  that  then  every  person  who  shall  so  1593. 
 relieve,  maintain,  retain,  or  keep  any  such  person  offending 
 as  aforesaid,  after  notice  thereof  to  him  or  them  given  by 
 the  ordinary  of  the  diocese,  or  any  justice  of  assizes  of  the 
 circuit,  or  any  justice  of  peace  of  the  county,  or  the  minister, 
 curate,  or  churchwardens  of  the  parish  where  such  person 
 shall  then  be,  or  by  any  of  them,  shall  forfeit  to  the  queen's 
 majesty  for  every  person  so  relieved,  maintained,  retained, 
 or  kept,  after  such  notice  as  aforesaid,  ten  pounds  for  every 
 month  that  he  or  they  shall  so  relieve,  maintain,  retain,  or 
 keep  any  such  person  so  offending. 
 
 Provided  nevertheless,  that  this  Act  shall  not  in  any  wise  unless  con- 
 
 -  .  ,  .  ,  ^      nected  by 
 
 extend  to  punish   or  impeach  any  person  or  persons  for  bonds  of 
 
 relieving,  maintaining,  or  keeping  his  or  their  wife,  father,  matrimony 
 mother,  child  or  children,  ward,  brother  or  sister,  or  his  kindred, 
 wife's  father  or  mother,  not  having  any  certain  place  of 
 habitation  of  their  own,  or  the  husbands  or  wives  of  any 
 of  them ;  or  for  relieving,  maintaining,  or  keeping  any  such 
 person  as  shall  be  committed  by  authority  to  the  custody 
 of  any  by  whom  they  shall  be  so  relieved,  maintained,  or 
 kept ;  anything  in  this  Act  contained  to  the  contrary  not- 
 withstanding. 
 
 And  for  the  more  speedy  levying  and  recovering,  for  and  Remedy 
 by  the  queen's  majesty,  of  all  and  singular  the  pains,  duties,  ^^o^gi-y  of* 
 forfeitures  and  payments  which  at  any  time  hereafter  shall  forfeitures, 
 accrue,  grow,  or  be  payable  by  virtue  of  this  Act,  or  of  the 
 statute  made  in  the  three  and  twentieth  year  of  her  majesty's 
 reign  concerning  recusants ;  be  it  enacted  by  the  authority 
 aforesaid,  that  all  and  every  the  said  pains,  duties,  forfeitures, 
 and  payments,  shall  and  may  be  recovered  and  levied  to  her 
 majesty's  use,  by  action  of  debt,  bill,  plaint,  information,  or 
 otherwise,  in  any  of  the  courts  commonly  called  the  king's 
 bench,  common  pleas,  or  exchequer,  in  such  sort,  and  in  all 
 respects,  as  by  the  ordinary  course  of  the  common  laws  of 
 this  realm  any  other  debt  due  by  any  such  person  in  any  other 
 
 Kk 
 
498  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxxvi 
 
 1593.      case  should  or  may  be  recovered  or  levied,  wherein  no  essoin, 
 
 protection,  or  wager  of  law  shall  be  admitted  or  allowed  \ 
 
 Third  part       Provided  always,  that  the  third  part  of  the  penalties  to  be 
 
 of  penal-     Y\B.d.  or  received  by  virtue  of  this  Act,  shall  be  employed  and 
 ties  de-  -^  .11  J    •  V 
 
 voted  to      bestowed  to  such  good  and  charitable  uses,  and  m  such 
 
 charity.  manner  and  form,  as  is  limited  and  appointed  in  the  statute 
 made  in  the  twenty-eighth  year  of  her  majesty's  reign  touch- 
 ing recusants. 
 Proviso  for  Provided  also,  that  no  popish  recusant,  or  feme  covert, 
 recusants  ^^^^^  ^^  Compelled  or  bound  to  abjure  by  virtue  of  this  Act. 
 &c.  Provided  also,  that  every  person  that  shall  abjure  by  force 
 
 Forfeitures  of  this  Act,  or  refuse  to  abjure,  being  thereunto  required  as 
 
 under  the  j        >  o  i 
 
 Act  de-       aforesaid,  shall  forfeit  and  lose  to  her  majesty  all  his  goods 
 
 fined.  and  chattels  for  ever,  and  shall  further  lose  all  his  lands, 
 
 tenements,  and  hereditaments,  for  and  during  the  life  only 
 
 of  such  offender,  and  no  longer,  and  that  the  wife  of  any 
 
 offender,  by  force  of  this  Act,  shall  not  lose  her  dower  ;  nor 
 
 that  any  corruption  of  blood  shall  grow  or  be  by  reason 
 
 This  Act     of  any  offence  mentioned  in  this  Act,   but  that  the  heir 
 
 continu       °^  every  such  offender,  by  force  of  this  Act,  shall  and  may, 
 
 to  end  of    after  the  death  of  every  offender,  have  and  enjoy  the  lands, 
 
 tenements,  and  hereditaments  of  such  offender,  as  if  this 
 
 Act  had  not  been  made  :  and  this  Act  to  continue  no  longer 
 
 than  to  the  end  of  the  next  session  of  Parliament. 
 
 LXXXVII. 
 
 THE  ACT  AGAINST  RECUSANTS,  1593. 
 35  Elizabeth,  cap.  2. 
 
 Legislation  against  Roman  Catholics  under  Elizabeth  culminated 
 in  the  Act  which  follows.  It  was  preceded  by  the  Supremacy  Act 
 {ante.  No.  LXXVIII) ;  the  Act  5  Eliz.  cap.  i,  For  the  assurance  of  the 
 
 ^  This  and  the  two  following  provisoes  are  annexed  to  the  original 
 
 -t  in  a  "spnnrafp  srhediilf. 
 
 next 
 session 
 
 1593. 
 
 Act  in  a  separate  schedule. 
 
Lxxxvii]    HISTORY  OF  THE  ENGLISH  CHURCH  499 
 
 queen's  royal  power  over  all  estates  and  subjects  within  her  majesty's  1593. 
 dominions  ;  the  Act  13  Eliz.  cap.  2,  Against  bringing  in  and  exe- 
 cuting papal  bulls  ;  the  Act  23  Eliz.  cap.  i,  Against  receiving  absolu- 
 tion from  the  See  of  Rome  ;  and  28  &  29  Eliz.  cap.  6.  See  also  the  Act 
 against  Jesuits,  &c.  {ante.  No.  LXXXV).  Subsequent  anti-Romanist 
 Acts  were  the  following: — 3  Jac.  I,  cap.  4,  For  the  better  discovering 
 and  repressing  of  Popish  Recusants  ;  3  Jac.  I,  cap.  5,  To  prevent  and 
 avoid  dangers  which  may  grow  by  Popish  Recusants  ;  25  Car.  II, 
 cap.  2,  For  preventing  dangers  which  may  happen  from  Popish  Recu- 
 sants ;  I  Will,  and  Mary,  cap.  26,  sections  9,  15;  9  &  10  Will.  Ill, 
 cap.  32  ;  and  finally  13  Ann.  cap.  13,  which  rendered  3  Jac.  I,  cap.  5, 
 more  effectual.  An  outline  of  the  growth  of  toleration  can  be  seen 
 in  Here's  Church  in  England  from  William  III  to  Victoria,  vol.  i.  p.  436. 
 
 [Transcr.  Statutes  of  the  Realm,  iv.  pt.  ii.  p.  843.] 
 
 For  the  better  discovering  and  avoiding  of  all  such  Objects  of 
 traitorous  and  most  dangerous  conspiracies  and  attempts 
 as  are  daily  devised  and  practised  against  our  most  gracious 
 sovereign  lady  the  queen's  majesty  and  the  happy  estate  of 
 this  commonweal,  by  sundry  wicked  and  seditious  persons, 
 who,  terming  themselves  Cathohcs,  and  being  indeed  spies 
 and  intelligencers,  not  only  for  her  majesty's  foreign  ene- 
 mies, but  also  for  rebellious  and  traitorous  subjects  born 
 within  her  highness's  realms  and  dominions,  and  hiding 
 their  most  detestable  and  devilish  purposes  under  a  false 
 pretext  of  religion  and  conscience,  do  secretly  wander  and 
 shift  from  place  to  place  within  this  realm,  to  corrupt 
 and  seduce  her  majesty's  subjects,  and  to  stir  them  to 
 sedition  and  rebellion : 
 
 Be  it  ordained  and  enacted  by  our  sovereign  lady  the  All  recu- 
 queen's  majesty,  and  the  Lords  spiritual  and  temporal,  and  ^f^^^ 
 the  Commons,  in  this  present  Parliament  assembled,  and  by  sixteen  to 
 the  authority  of  the  same,  that  every  person  above  the  age  [f^^*"^  ^° 
 of  sixteen  years,  born  within  any  of  the  queen's  majesty's  places  of 
 realms  and  dominions,  or  made  denizen,  being  a  popish  ^°°"®« 
 recusant,  and  before  the  end  of  this  session  of  Parliament, 
 convicted  for  not  repairing  to  some  church,  chapel,  or  usual 
 
 K  k  2 
 
500  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxxvii 
 
 1593.      place  of  common  prayer,  to  hear  divine  service  there,  but 
 forbearing  the  same,  contrary  to  the  tenor  of  the  laws  and 
 statutes  heretofore  made  and  provided  in  that  behalf,  and 
 having  any  certain  place  of  dwelling  and  abode  within  this 
 realm,  shall  within  forty  days  next  after  the  end  of  this 
 session    of  Parliament  (if  they  be  within  this  realm,  and 
 not  restrained  or  stayed  either  by  imprisonment,  or  by  her 
 majesty's  commandment,  or  by  order  and  direction  of  some 
 six  or  more  of  the  privy  council,  or  by  such  sickness  or  in- 
 firmity of  body,  as  they  shall  not  be  able  to  travel  without 
 imminent  danger  of  life,  and  in  such  cases  of  absence  out  of 
 the  realm,  restraint,  or  stay,  then  within  twenty  days  next 
 after  they  shall  return  into  the  realm,  and  be  enlarged  of 
 And  not      such  imprisonment  or  restraint,  and  shall  be  able  to  travel) 
 within^five  ^^P^^^  ^^  their  place  of  dwelling  where  they  usually  hereto- 
 miles  of      fore  made  their  common  abode,  and  shall  not,  any  time 
 the  same.    ^^^^^^  p^gg  q^  remove  above  five  miles  from  thence. 
 Recusants       And  also  that  every  person  being  above  the  age  of  sixteen 
 convtcted    Y^^^'^j  hoTW  within  any  her  majesty's  realms  or  dominions, 
 shall  re-      or  made  denizen,  and  having,  or  which  hereafter  shall  have, 
 
 P,^'^  ^^     ,  any  certain  place  of  dwellinsr  and  abode  within  this  realm, 
 their  usual        /  r  o 
 
 dwelling,  which,  being  then  a  popish  recusant,  shall  at  any  tmie  here- 
 after be  lawfully  convicted  for  not  repairing  to  some  church, 
 chapel,  or  usual  place  of  common  prayer,  to  hear  divine 
 service  there,  but  forbearing  the  same  contrary  to  the  said 
 laws  and  statutes,  and  being  within  this  realm  at  the  time 
 that  they  shall  be  convicted,  shall  within  forty  days  next 
 after  the  same  conviction  (if  they  be  not  restrained  or  stayed 
 by  imprisonment  or  otherwise,  as  is  aforesaid,  and  in  such 
 cases  of  restraint  and  stay,  then  within  twenty  days  next  after 
 they  shall  be  enlarged  of  such  imprisonment  or  restraint,  and 
 shall  be  able  to  travel)  repair  to  their  place  of  usual  dwelling 
 and  abode,  and  shall  not  at  any  time  after  pass  or  remove 
 ^^^  above  five  miles  from  thence  ;  upon  pain  that  every  person 
 
 offending,    and  persons  that  shall  offend  against  the  tenor  and  intent 
 
Lxxxvii]    HISTORY  OF  THE  ENGLISH  CHURCH  501 
 
 of  this  Act  in  anything  before  mentioned,  shall  lose  and  for-      1593. 
 
 feit  all  his   and  their'  goods  and  chattels,  and  shall  also 
 
 forfeit   to   the   queen's  majesty  all  the  lands,   tenements, 
 
 and  hereditaments,  and  all  the  rents  and  annuities  of  every 
 
 such  person  so  doing  or  offending,  during  the  life  of  the 
 
 same  offender. 
 
 And  be  it  also  enacted  by  the  authority  aforesaid,  that  Recusants 
 
 every  person  above  the  age  of  sixteen  years,  born  within  any  ^^^!"f  "° 
 
 her  majesty's  realms  or  dominions,  not  having  any  certain  abode 
 
 place  of  dwelling;  and  abode  within  this  realm,  and  being  '°  remove 
 
 ,  '  *^  to  place  of 
 
 a  popish  recusant,  not  usually  repairing  to  some  church,  birth,  or 
 
 chapel,  or  usual  place  of  common  prayer,  but  forbearing  the  <^welling- 
 same,  contrary  to  the  same  laws  and  statutes  in  that  behalf  parents, 
 made,  shall  within  forty  days   next  after  the  end  of  this 
 session  of  Parliament  (if  they  be  then  within  this  realm,  and 
 not  imprisoned,  restrained,  or  stayed  as  aforesaid,  and  in 
 such  case  of  absence  out  of  the  realm,  imprisonment,  re- 
 straint, or  stay,  then  within  twenty  days  next  after  they  shall 
 return  into  the  realm,  and  be  enlarged  of  such  imprisonment 
 or  restraint,  and  shall  be  able  to  travel)  repair  to  the  place 
 where  such  person  was  born,  or  where  the  father  or  mother 
 of  such  person  shall  then  be  dwelling,  and  shall  not  at  any 
 time  after  remove  or  pass  above  five  miles  from  thence; 
 upon  pain  that  every  person  and  persons  which  shall  offend  Forfeiture 
 against  the  tenor  and  intent  of  this  Act  in  anything  before  f^*"  remov- 
 
 °  y  o  ing beyond 
 
 mentioned,  shall  lose  and  forfeit  all  his  and  their  goods  and  five  miles, 
 chattels,  and  shall  also  forfeit  to  the  queen's  majesty  all  the 
 lands,  tenements,  and  hereditaments,  and  all  the  rents  and 
 annuities  of  every  such  person  so  doing  or  offending,  during 
 the  life  of  the  same  person. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid,  that  Recusant 
 every  such  offender  as  is  before  mentioned,  which  has  or  u°?J' 
 shall  have  any  lands,  tenements,  or  hereditaments,  by  copy 
 of  court-roll,  or  by  any  other  customary  tenure  at  the  will  of 
 the  lord,  according  to  the  custom  of  any  manor,  shall  forfeit 
 
502  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxxvii 
 
 1503.      all  and  singular  his  and  their  said  lands,  tenements,  and 
 
 hereditaments  so  holden  by  copy  of  court-roll  or  customary 
 
 tenure,  as  aforesaid,  for  and  during  the  life  of  such  offender 
 
 (if  his  or  her  estate  so  long  continue;  to  the  lord  or  lords  of 
 
 whom  the  same  be  immediately  holden,  if  the  same  lord  or 
 
 lords  be  not  then  a  popish  recusant,  and  convicted  for  not 
 
 coming  to  church  to  hear  divine  service,  but  forbearing  the 
 
 same  contrary  to  the  laws  and  statutes  aforesaid,  nor  seised 
 
 or  possessed  upon  trust,  to  the  use  or  behoof  of  any  such 
 
 recusant  as  aforesaid,  and  in  such  case  the  same  forfeiture 
 
 to  be  to  the  queen's  majesty. 
 
 Recusants       Provided  always,  and  be  it  further  enacted  by  the  authority 
 
 their  placJ  ^foJ^^said,  that  all  such  persons  as  by  the  intent  and  true 
 
 of  living,     meaning  of  this  Act  are  to  make  their  repair  to  their  place  of 
 
 fiver  dieir  dwelling  and  abode,  or  to  the  place  where  they  were  born, 
 
 names  to     or  where  their  father  or  mother  shall  be  dwelling,  and  not  to 
 
 e  cura  e.  j.gj^-,Qyg  qj.  p^gg  above  five  miles  from  thence  as  is  aforesaid, 
 
 shall  within  twenty  days  next  after  their  coming  to  any  of 
 
 the  said  places  (as  the  case  shall  happen)  notify  their  coming 
 
 thither,  and  present  themselves,  and  deliver  their  true  names 
 
 in  writing,  to  the  minister  or  curate  of  the  same  parish,  and 
 
 to  the  constable,  headborough,  or  tithingman  of  the  town, 
 
 and  thereupon  the  said  minister  or  curate  shall  presently 
 
 enter  the  same  into  a  book  to  be  kept  in  every  parish 
 
 for  that  purpose. 
 
 Recusants'      And  afterwards  the  said  minister  or  curate,  and  the  said 
 
 be^ertified  constable,  headborough,  or  tithingman,  shall  certify  the  same 
 
 to  the         in  writing  to  the  justices  of  the  peace  of  the  same  county 
 
 JUS  ices.      ^^  ^j^^  ^^^^  general  or  quarter-sessions  to  be  holden  in  the 
 
 said  county,   and  the  said  justices  shall  cause  the  same 
 
 to  be  entered  by.  the  clerk  of  the  peace  in  the  rolls  of 
 
 the  same  sessions. 
 
 Penalty  for      p^^^  ^^  ^]^g  gj^^  ^]^r^^  ^|-,g  xq^\y^  be  not  pestered  and  over- 
 recusants  . 
 of  small      charged  with  the  multitude  of  such  seditious  and  dangerous 
 
 or  no  people  as  is  aforesaid,  who,  having  little  or  no  ability  to 
 
 estate 
 
Lxxxvii]    HISTORY  OF  THE  ENGLISH  CHURCH  503 
 
 ansvvfer  or  satisfy  any  competent  penalty  for  their  contempt  1593. 
 and  disobedience  of  the  said  laws  and  statutes,  and  being 
 committed  to  prison  for  the  same,  do  live  for  the  most  part 
 in  better  case  there,  than  they  could  if  they  were  abroad 
 at  their  own  liberty ;  the  Lords  spiritual  and  temporal, 
 and  the  Commons,  in  this  present  Parliament  assembled,  do 
 most  humbly  and  instantly  beseech  the  queen's  majesty, 
 that  it  may  be  further  enacted,  that  if  any  such  person  or 
 persons,  being  a  popish  recusant  (not  being  a  feme  covert, 
 and  not  having  lands,  tenements,  rents,  or  annuities,  of  an 
 absolute  estate  of  inheritance  or  freehold,  of  the  clear  yearly 
 value  of  twenty  marks,  above  all  charges,  to  their  own  use 
 and  behoof,  and  not  upon  any  secret  trust  or  confidence  for 
 any  other,  or  goods  and  chattels  in  their  own  right,  and  to 
 their  own  proper  use  and  behoof,  and  not  upon  any  such 
 secret  trust  and  confidence  for  any  other,  above  the  value  of 
 forty  pounds/  shall  not  within  the  time  before  in  this  Act 
 in  that  behalf  limited  and  appointed,  repair  to  their  place  of 
 usual  dwelling  and  abode,  if  they  have  any,  or  else  to  the 
 place  where  they  were  born,  or  where  their  father  or  mother 
 shall  be  dwelling,  according  to  the  tenor  and  intent  of  this 
 present  Act,  and  thereupon  notify  their  coming,  and  pre- 
 sent themselves,  and  deliver  their  true  names  in  writing  to 
 the  minister  or  curate  of  the  parish,  and  to  the  constable, 
 headborough,  or  tithingman  of  the  town,  within  such  time, 
 and  in  such  manner  and  form  as  is  aforesaid,  or  at  any 
 time  after  such  their  repairing  to  any  such  place  as  is  before 
 appointed,  sh^ll  pass  or  remove  above  five  miles  from  the 
 same,  and  shall  not  within  three  months  next  after  such 
 person  shall  be  apprehended  or  taken  for  offending  as  is 
 aforesaid,  conform  themselves  to  the  obedience  of  the  laws 
 and  statutes  of  this  realm,  in  coming  usually  to  the  church  to 
 hear  divine  service,  and  in  making  such  public  confession 
 and  submission,  as  hereafter  in  this  Act  is  appointed  and 
 expressed,  being  thereunto  required  by  the  bishop  of  the 
 
504  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxxvii 
 
 1593.  diocese,  or  any  justice  of  the  peace  of  the  county  where  the 
 same  person  shall  happen  to  be,  or  by  the  minister  or  curate 
 of  the  parish ;  that  in  every  such  case  every  such  offender, 
 being  thereunto  warned  or  required  by  any  two  justices  of  the 
 peace  or  coroner  of  the  same  county  where  such  offenders 
 shall  then  be,  shall  upon  his  and  their  corporal  oath  before 
 any  two  justices  of  the  peace,  or  coroner  of  the  same  county, 
 abjure  this  realm  of  England,  and  all  other  the  queen's 
 majesty's  dominions  for  ever;  and  thereupon  shall  depart 
 out  of  this  realm  at  such  haven  and  port,  and  within  such 
 time,  as  shall  in  that  behalf  be  assigned  and  appointed 
 by  the  said  justices  of  peace  or  coroner,  before  whom 
 such  abjuration  shall  be  made,  unless  the  same  offenders  be 
 letted  or  stayed  by  such  lawful  and  reasonable  means  or 
 causes,  as  by  the  common  laws  of  this  realm  are  permitted 
 and  allowed  in  cases  of  abjuration  for  felony ;  and  in  such 
 cases  of  let  or  stay,  then  within  such  reasonable  and  con- 
 venient time  after,  as  the  common  law  requires  in  case 
 of  abjuration  for  felony  as  is  aforesaid. 
 Entering  And  that  every  justice  of  peace  or  coroner  before  whom 
 abjurations  ^      g^^j^  abjuration  shall  happen  to  be  made  as  is  aforesaid 
 
 oi  record,  -'  •"  ^^ 
 
 and  cer-      shall  cause  the  same  presently  to  be  entered  of  record  before 
 tifying  the  ^]-,gj^  ^iXid  shall  certify  the  same  to  the  justices  of  assizes 
 
 same.  '  •'        ^  •' 
 
 or  gaol-delivery  of  the  said  county,  at  the  next  assizes  or 
 
 gaol-delivery  to  be  holden  in  the  same  county. 
 
 Felony  And  if  any  such  offender,  which  by  the  tenor  and  intent 
 
 not  to  ab-    Qf  ^his  Act  is  to  be  abjured  as  is  aforesaid,  shall  refuse 
 
 to  return     to  make  such  abjuration  as  is  aforesaid,  or  aftQr  such  abjura- 
 
 without       tion  made  shall  not  go  to  such  haven,  and  within  such  time 
 licence 
 
 as  is  before  appointed,  and  from  thence  depart  out  of  this 
 
 realm,  according  to  this  present  Act,  or  after  such  his  de- 
 parture shall  return  or  come  again  into  any  her  majesty's 
 realms  or  dominions,  without  her  majesty's  special  licence 
 in  that  behalf  first  had  and  obtained ;  that  then,  in  every 
 ■    such  case,  the  person  so  offending  shall  be  adjudged  a  felon, 
 
/ 
 
 1.XXXVII]    HISTORY  OF   THE  ENGLISH  CHURCH  505 
 
 and  shall  suffer  and  lose  as  in  case  of  felony  without  benefit      1593. 
 
 of  clergy. 
 
 And  be  it  further  enacted  and  ordained  by  the  authority  A  Jesuit 
 
 aforesaid,  that  if  any  person  which  shall  be  suspected  to  be  ^'^  P^.^^^^ 
 
 a  Jesuit,  seminary  or  massing  priest,  being  examined  by  any  answer 
 
 person  having  lawful  authority  in  that  behalf  to  examine     .\"^' 
 ^  °  ^  prisoned. 
 
 such  person  which  shall  be  so  suspected,  shall  refuse  to 
 answer  directly  and  truly  whether  he  be  a  Jesuit,  or  a 
 seminary  or  massing  priest,  as  is  aforesaid,  every  such  per- 
 son so  refusing  to  answer  shall  for  his  disobedience  and 
 contempt  in  that  behalf,  be  committed  to  prison  by  such  as 
 shall  examine  him  as  is  aforesaid,  and  thereupon  shall  re- 
 main and  continue  in  prison  without  bail  or  mainprize,  until 
 he  shall  make  direct  and  true  answer  to  the  said  questions 
 whereupon  he  shall  be  so  examined. 
 
 Provided  nevertheless,  and  be  it  further  enacted  by  the  Licence  to 
 authority  aforesaid,  that  if  any  of  the  persons  which  are  ^^^^^^ 
 hereby  limited  and  appointed  to  continue  and  abide  within  miles, 
 five  miles  of  their  usual  dwelling-place,  or  of  such  place  ,  ^^^^  ^  . 
 where  they  were  born,  or  where  their  father  or  mother  shall  c.  5,  s.  6. 
 be  dwelling  as  is  aforesaid,  shall  have  necessary  occasion  or 
 business  to  go  and  travel  out  of  the  compass  of  the  said  five 
 miles;  that  then,  and  in  every  such  case  — upon  licence  in 
 that  behalf  to  be  gotten  under  the  hands  of  two  of  the 
 justices  of  the  peace  of  the  same  county,  with  the  privity 
 and  assent  in  writing  of  the  bishop  of  the  diocese,  or  of  the 
 lieutenant,  or  of  any  deputy-lieutenant  of  the  same  county, 
 under  their  hands  — it  shall  and  may  be  lawful  for  every  such 
 person  to  go  and  travel  about  such  their  necessary  business, 
 and  for  such  time  only  for  their  travelling,  attending,  and 
 returning,  as  shall  be  comprised  in  the  same  licence;  any- 
 thing before  in  this  Act  to  the  contrary  notwithstanding. 
 
 Provided  also,  that  if  any  such  person  so  restrained  as  is  Proviso 
 aforesaid,  shall  be  urged  by  process,  without  fraud  or  covin,  ^^  ^^^^\ 
 or  be  bounden  without  fraud  or  covin,  to  make  appearance  turning 
 
5o6  DOCUMENTS  ILLUSTRATIVE  OF  THE    [lxxxvii 
 
 1593.  in  any  of  her  majesty's  courts,  or  shall  be  sent  for,  corn- 
 when  manded,  or  required  by  any  three  or  more  of  her  majesty's 
 legally  .  -i  u  r  r 
 called,  privy  council,  or  by  any  four  or  more  of  any  commissioners 
 
 to  be  in  that  behalf  nominated  and  assigned  by  her  majesty, 
 
 to  make  appearance   before  her  majesty's  said  council  or 
 
 commissioners  ;  that  in  every  such  case,  every  such  person 
 
 so  bounden,  urged,  commanded,  or  required  to  make  such 
 
 appearance,  shall  not  incur  any  pain,  forfeiture,  or  loss  for 
 
 travelling  to  make  appearance  accordingly,  nor  for  his  abode 
 
 concerning  the  same,  nor  for  convenient  time  for  his  return 
 
 back  again  upon  the  same. 
 
 or  who  are      And  be  it  further  provided  and  enacted  by  the  authority 
 
 ^°"ihV°     aforesaid,  that  if  any  such  person  or  persons  so  restrained  as 
 
 selves  to     is  aforesaid,  shall  be  bound,  or  ought  to  yield  and  render 
 
 the  sheriff,  their  bodies  to  the  sheriff  of  the  county  where  they  shall 
 
 happen   to   be,  upon  proclamation  in  that  behalf  without 
 
 fraud  or  covin  to  be  made  ;  that  then  in  every  such  case, 
 
 every  such  person  which  shall  be  so  bounden,  or  ought  to 
 
 yield  and  render  their  body  as  aforesaid,  shall  not  incur  any 
 
 pain,  forfeiture,   or  loss  for  travelling  for  that  intent  and 
 
 purpose  only,  without  any  fraud  or  covin,  nor  for  convenient 
 
 time  taken  for  the  return  back  again  upon  the  same. 
 
 Offenders,       And  furthermore  be  it  enacted  by  the  authority  of  this 
 
 upon  open  present  Parliament,  that  if  any  person,  or  persons,  that  shall 
 
 sion,  shall  at  any  time  hereafter  offend  against  this  Act,  shall  before 
 
 he  or  they  shall  be  thereof  convicted  come  to  some  parish 
 
 church  on  some  Sunday  or  other  festival  day,  and  then  and 
 
 there  hear  divine  service,  and  at  service-time,  before  the 
 
 sermon,  or  reading  of  the  gospel,  make  public  and  open 
 
 submission  and  declaration  of  his  and  their  conformity  to 
 
 her  majesty's  laws  and  statutes,  as  hereafter  in  this  Act  is 
 
 declared  and  appointed  ;  that  then  the  same  offender  shall 
 
 thereupon  be  clearly  discharged  of  and  from  all  and  every 
 
 pains    and    forfeitures    inflicted    or    imposed    by   this    Act 
 
 for  any  of  the  said  offences  in  this  Act  contained  :  the  same 
 
 be  dis- 
 charged. 
 
Lxxxvii]    HISTORY  OF  THE  ENGLISH  CHURCH  507 
 
 submission    to  be  made   as    hereafter   follows,   that  is   to      1593. 
 say  : 
 
 'I,  A.  B.,  do  humbly  confess  and  acknowledge,  that  I  have  The  form  of 
 grievously  offended  God  in  contemning  her  majesty's  godly  ^^5  ^."^" 
 and  lawful  government  and  authority,  by  absenting  myself 
 from  church,  and  from  hearing  divine  service,  contrary  to 
 the  godly  laws  and  statutes  of  this  realm  :  and  I  am  heartily 
 sorry  for  the  same,  and  do  acknowledge  and  testify  in  my  con- 
 science, that  the  bishop  or  see  of  Rome  has  not,  nor  ought  to 
 have,  any  power  or  authority  over  her  majesty,  or  within  any 
 her  majesty's  realms  or  dominions  :  and  I  do  promise  and 
 protest,  without  any  dissimulation,  or  any  colour  or  means 
 of  any  dispensation,  that  from  henceforth  I  will  from  time 
 to  time  obey  and  perform  her  majesty's  laws  and  statutes, 
 in  repairing  to  the  churchy  and  hearing  divine  service,  and 
 do  my  uttermost  endeavour  to  maintain  and  defend  the 
 same.' 
 
 And  that  every  minister  or  curate  of  every  parish,  where  The 
 such  submission  and  declaration  of  conformity  shall  here-  ^mister 
 after  be  so  made  by  any  such  oilenaer  as  aforesaid,  shall  pre-  shall  enter 
 sently  enter  the  same  into  a  book  to  be  kept  in  every  parish  *^^  ^"^' 
 
 ^         ,  1-1-  1  1  ri,-        mission. 
 
 for  that  purpose,  and  withm  ten  days  then  next  followmg 
 
 shall  certify  the  same  in  writing  to  the  bishop  of  the  same 
 
 diocese. 
 
 Provided  nevertheless,  that  if  any  such   offender,   after  Condition 
 
 such  submission  made  as  is  aforesaid,  shall  afterwards  fall  °^  ^^'^^' 
 
 sants  re- 
 
 into,  relapse,  or  eftsoons  become  a  recusant,  in  not  repairing  lapsing 
 
 to  church  to  hear  divine  service,  but  shall  forbear  the  same,  "^^°  ^^' 
 
 cusancy. 
 
 contrary  to  the  laws  and  statutes  in  that  behalf  made  and 
 provided ;  that  then  every  such  offender  shall  lose  all  such 
 benefit  as  he  or  she  might  otherwise,  by  virtue  of  this  Act, 
 have  or  enjoy  by  reason  of  their  said  submission  ;  and  shall 
 thereupon  stand  and  remain  in  such  plight,  condition,  and 
 degree,  to  all  intents,  as  though  such  submission  had  never 
 been  made. 
 
5o8 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE    [lxxxvii 
 
 1593. 
 
 Women 
 recusants. 
 
 Provided^  always,  and  be  it  enacted  by  the  authority  afore- 
 said, that  all  and  every  woman  married,  or  hereafter  to  be 
 married,  shall  be  bound  by  all  and  every  article,  branch, 
 and  matter  contained  in  this  statute,  other  than  the  branch 
 and  article  of  abjuration  before  mentioned  :  and  that  no 
 such  woman  married,  or  to  be  married,  during  marriage,  shall 
 be  in  anywise  forced  or  compelled  to  abjure,  or  be  abjured, 
 by  virtue  of  this  Act ;  anything  therein  contained  to  the 
 contrary  thereof  notwithstanding. 
 
 LXXXVIII. 
 
 1G03. 
 
 The 
 
 ministers 
 
 greet  the 
 
 king  and 
 
 proclaim 
 
 their 
 
 loyalty, 
 
 but  desire 
 the  redress 
 of  the 
 following 
 abuses, 
 
 THE  MILLENARY  PETITION,  a.d.  1603. 
 
 This  petition  was  presented  to  James  on  his  way  to  London  after 
 his  accession.  The  date  is  April,  1603.  The  question  of  the  number 
 of  the  signatories  is  discussed  by  Gardiner,  Hist.  Eng.,  i.  148,  note. 
 
 [Transcr.  Fuller's  Church  History,  edit.  1655,  book  x.  p.  21  ^.] 
 
 Most  gracious  and  dread  sovereign,  —  Seeing  it  has 
 pleased  the  Divine  majesty,  to  the  great  comfort  of  all  good 
 Christians,  to  advance  your  highness,  according  to  your 
 just  title,  to  the  peaceable  government  of  this  Church 
 and  Commonwealth  of  England,  we,  the  ministers  of  the 
 gospel  in  this  land,  neither  as  factious  men  affecting  a 
 popular  parity  in  the  Church,  nor  as  schismatics  aiming 
 at  the  dissolution  of  the  State  ecclesiastical,  but  as  the 
 faithful  servants  of  Christ  and  loyal  subjects  to  your 
 majesty,  desiring  and  longing  for  the  redress  of  divers 
 abuses  of  the  Church,  could  do  no  less  in  our  obedience 
 to  God,  service  to  your  majesty,  love  to  His  Church,  than 
 acquaint  your  princely  majesty  with  our  particular  griefs ;  for 
 
 ^  This  proviso  is  annexed  to  the  original  Act  in  a  separate 
 schedule. 
 
 2  No  original  of  this  petition  is  known  to  exist. 
 
Lxxxviii]     HISTORY  OF  THE  ENGLISH  CHURCH  509 
 
 as  your  princely  pen  writeth,  '  the  king,  as  a  good  physician,       1603. 
 nriust  first  know  what  peccant  humours  his  patient  naturally 
 i^  most  subject  unto,  before  he  can  begin  his  cure ; '  and 
 Although  divers  of  us  that  sue  for  reformation  have  formerly, 
 in  respect  of  the  times,  subscribed  to  the  book — some  upon 
 protestation,  some  upon  exposition  given  them,  some  with 
 condition  rather  than  the  Church  should  have  been  deprived 
 of  their  labour  and  ministry — yet  now  we,  to  the  number  of 
 mo'e  than  a  thousand  of  your  majesty's  subjects  and  minis- 
 ters, all  groaning  as  under  a  common  burden  of  human  as  being 
 rites  and  ceremonies,  do  with  one  joint  consent  humble  ^  ^T^. 
 ourselves  at  your  majesty's  feet,  to  be  eased  and  relieved  in 
 this  behalf.     Our  humble  suit,  then,  unto  your  majesty  is 
 that  these  offences  following,  some  may  be  removed,  some 
 amended,  some  qualified : 
 
 (i)  In  the  Church  service  :   that  the  cross  in  baptism,  i.  Various 
 interrogatories  ministered  to  infants,  confirmation,  as  super-  ^^'^'j^^" 
 fluous,  may  be  taken  away ;  baptism  not  to  be  ministered  with  the 
 by  women,  and  so  explained;   the   cap  and   surplice  not      ^r^ 
 urged ;   that  examination  may  go  before  the  communion ; 
 that  it  be  ministered  with  a  sermon ;  that  divers  terns  of 
 priests,  and  absolution,  and  some  other  used,  with  the  ring  in 
 marriage,  and  other  such  like  in  the  book,  may  be  corrected ; 
 the  longsomeness  of  service  abridged,  Church  songs  and 
 music  moderated  to  better  edification ;  that  the  Lord's  Day 
 be  not  profaned ;  the  rest  upon  holy  days  not  so  strictly 
 urged;   that  there  may  be  a  uniformity  of  doctrine  pre- 
 scribed;   no   popish   opinion  to   be   any  more   taught   or 
 defended ;   no  ministers  charged  to  teach  their  people  to 
 bow  at  the  name  of  Jesus ;   that  the  canonical  Scriptures 
 only  be  read  in  the  Church. 
 
 (2)  Concerning  Church  ministers  :  that  none  hereafter  be  2,  Points 
 admitted  into  the  ministry  but  able  and  sufficient  men,  and  ^"^^^^^^ 
 those  to  preach  diligently  and  especially  upon  the  Lord's  Church 
 day ;  that  such  as  be  already  entered  and  cannot  preach,  "Ministers. 
 
5IO  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxxvUt 
 
 1603.  may  either  be  removed,  and  some  charitable  course  taken 
 with  them  for  their  relief,  or  else  be  forced,  according  to 
 the  value  of  their  livings,  to  maintain  preachers ;  that  non- 
 residency  be  not  permitted ;  that  King  Edward's  statute  for 
 the  lawfulness  of  ministers'  marriages  be  revived;  that  minis- 
 ters be  not  urged  to  subscribe,  but  according  to  the  law,  to 
 the  Articles  of  Religion,  and  the  king's  supremacy  only. 
 
 3.  Church  (3)  For  Church  livings  and  maintenance  :  that  bishops 
 main^en"  ^^^^e  their  commendams,  some  holding  parsonages,  some 
 ance.  prebends,  some  vicarages,  with  their  bishoprics;  that  double- 
 
 beneficed  men  be  not  suffered  to  hold  some  two,  some 
 three  benefices  with  cure,  and  some  two,  three,  or  four 
 dignities  besides ;  that  impropriations  annexed  to  bishoprics 
 and  colleges  be  demised  only  to  the  preachers  incumbents, 
 for  the  old  rent ;  that  the  impropriations  of  laymen's  fees  be 
 charged,  with  a  sixth  or  seventh  part  of  their  worth,  to  the 
 maintenance  of  the  preaching  minister. 
 
 4.  Church  (4)  For  Church  discipline  :  that  the  discipline  and  ex- 
 disciphne.   communication  may  be  administered  according  to  Christ's 
 
 own  institution,  or,  at  the  least,  that  enormities  may  be 
 redre:;sed,  as  namely,  that  excommunication  come  not  forth 
 under  the  name  of  lay  persons,  chancellors^  officials,  &c. ; 
 that  men  ^e.  not  excommunicated  for  trifles  and  twelve-penny 
 matters ;  that  none  be  excommunicated  without  consent  of 
 his  pastor;  that  the  officers  be  not  suffered  to  extort  un- 
 reasonable fees ;  that  none  having  jurisdiction  or  registers' 
 places,  put  out  the  same  to  farm ;  that  divers  popish  canons 
 (as  for  restraint  of  marriage  at  certain  times)  be  reversed ; 
 that  the  longsomeness  of  suits  in  ecclesiastical  courts  (which 
 hang  sometimes  two,  three,  four,  five,  six,  or  seven  years) 
 may  be  restrained ;  that  the  oath  Ex  Officio^  whereby  men 
 are  forced  to  accuse  themselves,  be  more  sparingly  used ; 
 that  licences  for  marriages  without  banns  asked,  be  more 
 cautiously  granted : 
 
 These,  with  such  other  abuses  yet  remaining  and  practised 
 
Lxxxviii]     HISTORY  OF  THE  ENGLISH  CHURCH  511 
 
 in  the  Church  of  England,  we  are  able  to  show  not  to  be      1603. 
 agreeable  to  the  Scriptures,  if  it  shall  please  your  highness  These 
 further  to  hear  us,  or  more  at  large  by  writing  to  be  informed,  submU^ed 
 or  by  conference  among  the  learned  to  be  resolved  ;  and  yet  to  the  king, 
 we  doubt  not  but  that,  without  any  further  process,  your 
 majesty  (of  whose  Christian  judgment  we  have  received  so 
 good  a  taste  already)  is  able  of  yourself  to  judge  of  the  equity 
 of  this  cause.     God,  we  trust,  has  appointed  your  highness 
 our  physician   to   heal  these   diseases ;    and  we   say  with 
 Mordecai  to  Esther,  '  Who  knoweth  whether  you  are  come 
 to  the  kingdom  for  such  a  time  ? '    Thus  your  majesty  shall 
 do  that  which  we  are  persuaded  shall  be  acceptable  to  God, 
 honourable  to  your  majesty  in  all  succeeding  ages,  profitable 
 to  His  Church,  which  shall  be  thereby  increased,  comfort- 
 able to  your  ministers,  which  shall  be  no  more  suspended, 
 silenced,  disgraced,  imprisoned   for  men's  traditions,   and 
 prejudicial  to  none  but  to  those  that  seek  their  own  quiet, 
 credit  and  profit  in  the  world. 
 
 Thus,  with  all  dutiful  submission,  referring  ourselves  to 
 your  majesty's  pleasure  for  your  gracious  answer,  as  God 
 shall  direct  you,  w^e  most  humbly  recommend  your  highness 
 to  the  Divine  majesty,  whom  we  beseech,  for  Christ  His 
 sake,  to  dispose  your  royal  heart  to  do  herein  what  shall 
 be  to  His  glory,  the  good  of  His  Church,  and  your  endless 
 comfort. 
 
 Your  majesty's  most  humble  subjects^  the  ministers  of 
 the  Gospel  that  desire  not  a  disorderly  innovation,  but  a  due 
 and  godly  reformation. 
 
512  DOCUMENTS  ILLUSTRATIVE  OF  THE     [lxxxix 
 
 LXXXIX. 
 
 JAMES'  PROCLAMATION  FOR  THE  USE  OF  THE 
 BOOK  OF  COMMON  PRAYER,  a.  d.   1604. 
 
 1604.  The  changes  agreed  to  by  king  and  bishops  at   Hampton  Court 
 
 in  January,  1604,  were  referred  to  a  committee  of  the  bishops  and 
 Privy  Council.  They  made  a  report  to  the  king,  who  then  issued  his 
 letters  patent  on  February  9,  specifying  the  alterations  and  ordering 
 the  publication  and  exclusive  use  of  the  amended  book.  The  authority 
 is  discussed  in  Procter,  Hist.  B.  C.  P.,  p.  91.  On  March  5  the  letters 
 patent  were  supplemented  by  the  following  publication. 
 
 [S.  P.  Dom.,  James  I,  vol.  73,  p.  64.] 
 
 A  proclamation  for  the  authorizing  and  uniformity  of  the 
 Book  of  Com7non  Prayer  to  be  used  throughout  the 
 realm. 
 
 Referring       Although  it  cannot  be  unknown  to  our  subjects  by  the 
 lenary  Pe'-  former  declarations  we  have  published,  what  our  purposes 
 tition,  the   and  proceedings  have  been  in  matters  of  religion  since  our 
 that  docu-  coming   to   this  crown ;    yet  the  same   being  now    by  us 
 ment  are     reduced  to  a  settled  form,  we  have  occasion  to  repeat  some- 
 have  been  ^^at  of  that  which  has  passed  ;  and  how  at  our  very  first 
 scarcely      entry  into  the  realm  being  entertained  and  importuned  with 
 '  informations  of  sundry  ministers,  complaining  of  the  errors 
 and  imperfections  of  the  Church  here,  as  well  in  matter  of 
 doctrine  as  of  discipline ;   although  we  had  no  reason  to 
 presume  that  things  were  so  far  amiss,  as  was  pretended, 
 because  we  had   seen  the   kingdom   under   that  form   of 
 religion  which  by  law  was  established  in  the  days  of  the 
 late  queen  of  famous  memory,  blessed  with  a  peace  and 
 prosperity  both  extraordinary  and  of  many  years  continu- 
 ance (a  strong  evidence  that  God  was  therewith  pleased), 
 yet  because  the  importunity  of  the  complainers  was  great, 
 their  affirmations  vehement,   and  the  zeal  wherewith  the 
 
Lxxxix]     HISTORY  OF  THE  ENGLISH  CHURCH  513 
 
 same  did  seem  to  be  accompanied,  very  specious ;  we  were      1604. 
 moved  thereby  to  make  it  our  occasion  to  discharge  that  still  the 
 duty  which  is  the  chiefest  of  all  kingly  duties,  that  is,  to  settle  corded  a 
 the  affairs  of  religion,  and  the  service  of  God  before  their  conference 
 own.   Which  while  were  in  hand  to  do  (sic),  as  the  contagion 
 of  the  sickness  reigning  in  our  city  of  London  and  other 
 places  would  permit  an  assembly  of  persons  meet  for  that 
 purpose,  some  of  those  who  misliked  the  state  of  religion 
 here  established,  presuming  more  of  our  intents  than  ever 
 we  gave  them  cause  to  do,  and  transported  with  humour, 
 began  such  proceedings  as  did  rather  raise  a  scandal  in  the  despite  the 
 Church,  than  take  offence  away.     For  both  they  used  forms  [[gs^o^f  the 
 of  public  serving  of  God  not  here  allowed,  held  assemblies  Puritan 
 without  authority,   and  did  other  things,   carrying  a  very  "^^^  ^' 
 apparent  show  of  sedition  more  than  of  zeal :  whom  we 
 restrained  by  a  former  proclamation  in  the  month  of  October 
 last,  and  gave  intimation  of  the  conference  we  intended  to 
 be  had  with  as  much  speed  as  conveniently  could  be,  for 
 the  ordering  of  those  things  of  the  Church  which  accordingly 
 followed  in   the  month  of  January  last  at  our  honour  of 
 Hampton  Court,  w^iere  before  ourself  and  our  Privy  Council  which  con- 
 were  assembled  many  of  the  gravest  bishops  and  prelates  of  ^^^"i^^i  j 
 the  realm,  and  many  other  learned  men  as  well  of  those  that  at  Hamp- 
 are  conformable  to  the  state  of  the  Church  established,  as  of  *^°"  Court, 
 those  that  dissented,  among  whom,  what  our  pains  were, 
 what  our  patience  in  hearing  and  replying,  and  what  the 
 indifferency  and  uprightness  of  our  judgment  in  determining 
 we  leave  to  the  report  of  those  who  heard  the  same,  con- 
 tenting ourself  with  the  sincerity  of  our  own  heart  therein. 
 But  we  cannot  conceal,  that  the  success  of  that  conference  but  was 
 was  such  as  happens  to  many  other  things,  which  moving  po^^^jj^^ 
 great  expectation  before  they  be  entered  into,  in  their  issue  in  its 
 produce  small  effects.     For  we  found  mighty  and  vehement  "^^^^  ^' 
 informations   supported  with  so  weak  and  slender  proofs, 
 as  it  appeared  unto  us  and  our  council,  that  there  was  no 
 
 Ll 
 
514  DOCUMENTS  ILLUSTRATIVE   OF  THE     [lxxxix 
 
 1604.      cause  why  any  change  should  have  been  at  all  in  that  which 
 Iheobjec-  -^yas  most  impugned,  the  Book  of  Common  Prayer,  contain- 
 
 tionStothe    .  .  r^ii  ^   ^^    ^        ■, 
 
 Prayer        i^g  the  fomi  of  the  public  service  of  God  here  established. 
 
 Book  were  neither  in  the  doctrine  which  appeared  to  be  sincere,  nor 
 not  im-         ...  ,.  ...  .,-,  -, 
 
 portant       ^"^   the   forms   and   rites   which   were  justified  out  of  the 
 
 and  often    practice   of  the   primitive   Church.       Notwithstanding   we 
 unreason-      ,  ,  .  ,  r      ■>        ^  •  ^  11 
 
 able.  thought   meet,    with   consent    of    the    bishops    and   other 
 
 learned  men  there  present,  that  some  small  things  might 
 
 rather  be  explained  than  changed ;  not  that  the  same  might 
 
 not  very  well  have  been  borne  with  by  men  who  would  have 
 
 made  a  reasonable  construction  of  them  :  but  for  that  in 
 
 a  matter  concerning  the  service  of  God  we  were  very  nice, 
 
 or  rather  jealous,  that  the  public  form  thereof  should  be 
 
 free  not  only  from  blame  but  from  suspicion,  so  as  neither 
 
 Certain       the   Common   adversary  should  have   advantage  to   wrest 
 
 explana-     aught  therein  contained  to  other  sense  than  the  Church  of 
 
 however.  '  England  intendeth,  nor  any  troublesome  or  ignorant  person 
 
 made  and    of  this  Church  be  able  to  take  the  least  occasion  of  cavil 
 the  book  •         •  a      i  r        i  <-      1  •     • 
 
 bein°-  re-    ^g^mst  it.     And  lor  that  purpose  gave  forth  our  commission 
 
 vised  these  under   our  great   seal   of  England  to  the  Archbishop  of 
 
 serted.        Canterbury  and  others  according  to  the  form  which  the 
 
 laws  of  this  realm  in  like  case  prescribe  to  be  used  to  make 
 
 the   said   explanation,   and    to   cause   the   whole   Book  of 
 
 Common  Prayer  with  the  same  explanations  to  be  newly 
 
 printed.     Which  being  now  done,  and  established  anew, 
 
 after  so  serious  a  deliberation ;  although  we  doubt  not  but 
 
 all  our  subjects,  both  ministers  and  others,  will  receive  the 
 
 same   with   such  reverence  as  appertaineth,   and  conform 
 
 themselves  thereunto,  every  man  in  that  which  him  concern- 
 
 The  book    eth.     Yet  have  we  thought  it  necessary  to  make  known  by 
 
 ^1"°^^""  proclamation  our  authorizing  of  the  same,  and  to  require 
 
 by  procla-  and  enjoin  all  men,  as  well  ecclesiastical  as  temporal,  to 
 
 mationand  conform  themselvcs  unto  it  and  to  the  practice  thereof,  as 
 
 conlormity 
 
 is  enjoined,  the  Only  public  form  of  serving  God  established  and  allowed 
 to  be  in  this  realm.     And  the  rather  for  that  all  the  learned 
 
Lxxxix]    HISTORY  OF  THE  ENGLISH  CHURCH  515 
 
 men  who  were  there   present,  as  well  of  the  bishops  as      1604. 
 
 others,  promised  their  conformity  in  the  practice  of  it,  only 
 
 making   suit   to  us,  that  some  few  might   be  borne  with 
 
 for  a  time. 
 
 Wherefore,  we  require  all  archbishops,  bishops,  and  all  The 
 
 other  public  ministers,  as  well  ecclesiastical  as  civil,  to  do  ^^  '^^^^ 
 
 their  duties  in  causing   the    same   to   be  obeyed,  and  in  bidden  to 
 
 punishing  the  offenders  according  to  the  laws  of  the  realm  ^^^^°  ^  ^^' 
 
 heretofore  established  for  the  authorizing  of  the  said  Book 
 
 of  Common  Prayer.     And  we  think  it  also  necessary  that 
 
 the  said  archbishops  and  bishops  do  each  of  them  in  his 
 
 province  and  diocese,  take  order,  that  every  parish  do  procure  copies  are 
 
 to  themselves,  within  such  time  as  they  shall  think  good  to  JJo^f^i-ed 
 
 limit,  one  of  the  said  books  so  explained.     And  last  of  all 
 
 we  do  admonish  all  men  that  hereafter  they  shall  not  expect  No  further 
 
 nor  attempt   any  further   alteration   in  the   common  and  alteration 
 
 ...  IS  to  be 
 
 public  form  of  God's  service,  from  this  which  is  now  estab-  expected. 
 
 lished,  for  that  neither  will  we  give  way  to  any  to  presume, 
 that  our  own  judgment  having  determined  in  a  matter  of  this 
 weight  shall  be  swayed  to  alteration  by  the  frivolous  sugges- 
 tion of  any  light  spirit ;  neither  are  we  ignorant  of  the 
 inconveniences  that  do  arise  in  government,  by  admitting 
 innovation  in  things  once  settled  by  mature  deliberation. 
 And  how  necessary  it  is  to  use  constancy  in  the  upholding 
 of  the  public  determinations  of  States,  for  that  such  is  the 
 unquietness  and  unsteadfastness  of  some  dispositions  affect- 
 ing every  year  new  forms  of  things  as  if  they  should  be 
 followed  in  their  inconsistency,  would  make  all  actions  of 
 States  ridiculous  and  contemptible,  whereas  the  steadfast 
 maintaining  of  things  by  good  advice  established,  is  the 
 weal  of  all  Commonwealths. 
 
 Given  at  our  Palace  of  Westminster  the  fifth  day  of 
 March,  in  the  first  year  of  our  reign  of  England,  France, 
 and  Ireland,  and  of  Scotland  the  seven  -  and  -  thirtieth, 
 A.  D.  1603. 
 
 L  1  2 
 
5i6  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xc 
 
 xc. 
 
 DIRECTIONS  CONCERNING  PREACHERS, 
 A.  D.   1622. 
 
 1622.  The  following  directions,  which  appear  to  have  been  drawn  up 
 
 by  James  himself  in  order  to  silence  the  bitterness  of  controversial 
 preaching,  were  communicated  by  him  in  a  letter  to  Archbishop 
 Abbott,  Aug.  4,  1622.  A  week  later  the  archbishop  sent  a  copy  to 
 each  of  the  bishops,  accompanied  by  a  letter  which  recites  the  terms 
 of  the  king's  letter. 
 
 [Tr.  Reg.  II.  Abbot  fol.  199  b.     Cf.  Wilkins,  iv.  465 ; 
 S.  P.  Jas.  I.  132,  No.  85.] 
 
 1.  Restric-  I.  That  no  preacher  under  the  degree  and  caUing  of 
 tionas  to    ^  bishop,  or  dean  of  a  cathedral  or  collegiate  church,  and 
 
 subject  01  ^'  _  _  ^  _ 
 
 discourses  they,  upon  the  king's  days  and  set  festivals,  do  take  occasion, 
 in  general.  ^^  ^.j^^  expounding  of  any  text  of  Scripture  whatsoever,  to 
 fall  into  any  set  discourse,  or  commonplace  (otherwise 
 than  by  opening  the  coherence  and  division  of  his  text), 
 which  shall  not  be  comprehended  and  warranted  in 
 essence,  substance,  effect  or  natural  inference  within  some 
 one  of  the  Articles  of  Religion  set  forth  1562,  or  in  some 
 the  homilies  set  forth  by  authority  in  the  Church  of 
 England,  not  only  for  a  help  of  the  non-preaching,  but 
 withal  for  a  pattern  and  a  boundary,  as  it  were,  for  the 
 preaching  ministers  ;  and  for  their  further  instruction  for 
 the  performance  thereof,  that  they  forthwith  read  over, 
 and  peruse  diligently,  the  said  book  of  Articles,  and  the 
 two  books  of  homilies. 
 
 2.  Restric-  2.  That  no  parson,  vicar,  curate,  or  lecturer  shall  preach 
 tlT"  ^b'^^t  ^^y  sermon  or  collation  hereafter  upon  Sundays  and  holidays 
 of  after-  in  the  afternoon,  in  any  cathedral  or  parish  church  through- 
 "°°"  out  this  kingdom,  but  upon  some  part  of  the  catechism,  or 
 
 sermons.  o  '  r  r  ' 
 
 some  text  taken  out  of  the  Creed,  Ten  Commandments,  or 
 the  Lord's  Prayer  (funeral  sermons  only  excepted),  and  that 
 
xc]     HISTORY  OF  THE  ENGLISH  CHURCH  517 
 
 those  preachers  be  most  encouraged  and  approved  of,  who      1622. 
 spend  the  afternoon's  exercise  in  the  examining  of  children 
 in  their  catechism,  and  in  the  expounding  of  the  several 
 points  and  heads  of  the  catechism,  which  is  the  most  ancient 
 and  laudable  custom  of  teaching  in  the  Church  of  England. 
 
 3.  That  no  preacher  of  what  title  soever  under  the  degree  3-  Bishops 
 of  a  bishop,  or  dean  at  the  least,  do  from  henceforth  presume  ^^  j    ^^^ 
 to  preach  in  any  popular  auditory  the  deep  points  of  pre-  treat 
 destination,    election,    reprobation    or  of  the   universality,  ^5jects*^of 
 efficacity,  resistibility  or  irresistibihty  of  God's  grace ;  but  grace,  &c. 
 leave  those  themes  to  be  handled  by  learned  men,  and  that 
 moderately  and  modestly  by  way  of  use  and  application, 
 
 rather  than  by  way  of  positive  doctrine,  as  being  fitter  for 
 the  schools  and  universities,  than  for  simple  auditories. 
 
 4.  That  no  preacher  of  what  title  or  denomination  soever,  4.  General 
 shall  presume  from  henceforth  in  any  auditory  within  this  concerning 
 kingdom  to  declare,  limit,  or  bound  out,  by  way  of  positive  political 
 doctrine,  in  any  lecture  or  sermon,  the  power,  prerogative,  j^gjj.. 
 jurisdiction,  authority,  or  duty  of  sovereign  princes,  or  other-  mons. 
 wise  meddle  with  these  matters  of  state  and  the  references 
 betwixt  princes  and  the  people,  than  as  they  are  instructed 
 
 and  presidented  in  the  homily  of  obedience,  and  in  the  rest 
 of  the  homilies  and  Articles  of  Religion,  set  forth  ^as  before 
 is  mentioned;  by  public  authority ;  but  rather  confine  thenv 
 selves  wholly  to  those  two  heads  of  faith  and  good  life,  which 
 are  all  the  subject  of  the  ancient  sermons  and  homilies. 
 
 5.  That  no  preacher  of  what  title  or  denomination  soever,  5.  Prohibi- 
 shall  causelessly  and  without  invitation  from  the  text,  fall  personal 
 into  bitter  invectives,  and  indecent  railing  speeches  against  invective 
 the  persons  of  either  papists  or  puritans  ;  but  modestly  and  ^'^sermons. 
 gravely  (when  they  are  occasioned  thereunto  by  the  text  of 
 Scripture)   free   both   the   doctrine    and  discipline   of  the 
 Church  of  I^^ aland  from  the  assertions  of  either  adversary, 
 especially  when  the  auditory  is  suspected  to  be  tainted  with 
 
 one  or  the  other  infection. 
 
5i8  DOCUMENTS  ILLUSTRATIVE   OF  THE     [xc 
 
 1622.  6.  Lastly,  that  the  archbishops  and  bishops  of  the  kingdom, 
 
 6.  Care  to  whom  his  majesty  hath  good  cause  to  blame  for  this  former 
 licensiriff'^  remissness,  be  more  wary  and  choice  in  licensing  of  preachers, 
 preachers,  and  revoke  all  grants  made  to  any  chancellor,  official,  or 
 commissary  to  pass  licences  in  this  kind ;  and  that  all 
 the  lecturers  throughout  the  kingdom  (a  new  body  severed 
 from  the  ancient  clergy  of  England,  as  being  neither 
 parsons,  vicars,  or  curates)  be  licensed  henceforward  in  the 
 Court  of  Faculties,  only  upon  recommendation  of  the  party 
 from  the  bishop  of  the  diocese  under  his  hand  and  seal, 
 with  a  ^  fiat '  from  the  lord  Archbishop  of  Canterbury  and 
 a  confirmation  under  the  great  seal  of  England  ;  and  that 
 such  as  transgress  any  one  of  these  directions,  be  suspended 
 by  the  bishop  of  the  diocese,  or  in  his  default^  by  the  lord 
 archbishop  of  the  province,  ab  officio  et  beneficio,  for  a  year 
 and  a  day,  until  his  majesty,  by  the  advice  of  the  next  Con- 
 vocation, shall  prescribe  some  further  punishment. 
 
 XCI. 
 
 THE  KING'S  DECLARATION  PREFIXED  TO  THE 
 ARTICLES  OF  RELIGION,  NOVEMBER,   1628. 
 
 *  The  advertisement  or  preface  which  appears  to  have  been  settled 
 at  a  conference  with  the  bishops,  and  has  ever  since  retained  its 
 place  in  front  of  our  articles  under  the  title  of  "  His  Majesty's 
 Declaration,"  was  made  public  in  1628.'  Hardwick's  History  of  the 
 Articles,  ed.  1884,  p.  201.     Cf.  Gardiner,  Hist,  of  England,  vii.  20. 
 
 [Transcr.  from  a  contemporary  copy  in  the  British  Museum,  printed 
 by  the  king's  printers — SS^^  c.  26.] 
 
 His  Majesty s  Declaration. 
 
 In  the  Being  by  God's  ordinance,  according  to  our  just  title, 
 
 interests  of  Defender  of  the  Faith,  and  Supreme  Governor  of  the  Church, 
 
 peace  the  ^  ' 
 
 king,  with  within  these  our  dominions,  we  hold  it  most  agreeable  to 
 
xci]     HISTORY  OF  THE  ENGLISH  CHURCH  519 
 
 this  our  kingly  office,  and  our  own  religious  zeal,  to  con-      1628. 
 serve  and  maintain  the  Church  committed  to  our  charge,  the  advice 
 
 ...  I'll         1       r  of  certain 
 
 in  the  unity  of  true  rehgion,  and  m  the  bond  of  peace  :  bishops, 
 and  not  to  suffer  unnecessary  disputations,  altercations,  or  declares 
 questions  to  be  raised,  which  may  nourish  faction  both  in 
 the  Church  and  Commonwealth.  We  have,  therefore,  upon 
 mature  deliberation,  and  with  the  advice  of  so  many  of  our 
 bishops  as  might  conveniently  be  called  together,  thought 
 fit  to  make  this  declaration  following  : 
 
 That  the  Articles  of  the  Church  of  England  (which  have  theratifica- 
 been  allowed  and  authorized  heretofore,  and  which  our  ^^Jj^Jj^g  ^3 
 clergy  generally  have  subscribed  unto)  do  contain  the  true  the  true 
 doctrine  of  the  Church  of  England  agreeable  to  God's  word :  t^^  Qim-ch 
 which  we  do  therefore  ratify  and  confirm,  requiring  all  our  ofEngland, 
 loving  subjects  to  continue  in  the  uniform  profession  thereof,  t^i^e^^'"' 
 and  prohibiting  the  least  difference  from  the  said  Articles ;  without 
 which  to  that  end  we  command  to  be  new  printed,  and  this  difference, 
 our  declaration  to  be  published  therewith : 
 
 That  we  are  Supreme  Governor  of  the  Church  of  England  ;  Convoca- 
 
 and  that  if  any  difference  arise  about  the  external  policy,  tion  to 
 
 ...  .       .  settle  dis- 
 
 concerning  injunctions,  canons  or  other  constitutions  what-  putes  as  to 
 
 soever  thereto  belonging,  the  clergy  in  their  convocation  ^^^  exter- 
 
 .  nal  policy 
 
 is  to  order  and   settle  them,   havmg   first  obtained  leave  of  the 
 
 under  our  broad  seal  so  to  do  :  and  we  approvinsr  their  said  Church  of 
 
 1  •       •  •  1-  1  1  J     England, 
 
 ordmances  and  constitutions,  providing  that  none  be  made 
 
 contrary  to  the  laws  and  customs  of  the  land. 
 
 That  out  of  our  princely  care  that  the  churchmen  may  and  licence 
 do  the  work  which  is  proper  unto  them,  the  bishops  and  ^°,^^T*^j 
 clergy,  from  time  to  time  in  convocation,  upon  their  humble  be  allowed 
 desire,  shall  have  licence  under  our  broad  seal  to  deliberate  t"*^™- 
 of,  and  to  do  all  such  things  as,  being  made  plain  by  them, 
 and  assented  unto  by  us,  shall  concern  the  settled  continu- 
 ance of  the  doctrine  and  discipline  of  the  Church  of  England 
 now  established ;  from  which  we  will  not  endure  any  varying 
 or  departing  in  the  least  degree. 
 
520 
 
 DOCUMENTS  ILLUSTRATIVE   OF   THE      [xci 
 
 1628. 
 
 General 
 subscrip- 
 tion testi- 
 fies the 
 assent  of 
 the  clergy 
 to  the 
 Articles  as 
 a  whole. 
 
 So  that 
 doubtful 
 points  may 
 well  be  left 
 alone. 
 
 and  the 
 Articles 
 are  to  be 
 taken  in 
 the  literal 
 and  gram- 
 matical 
 sense. 
 
 No  new 
 sense  to  be 
 maintained 
 by  any 
 university 
 authority. 
 
 That  for  the  present,  though  some  differences  have  been  ill 
 raised,  yet  we  take  comfort  in  this,  that  all  clergymen  within 
 our  realm  have  always  most  willingly  subscribed  to  the 
 Articles  established,  which  is  an  argument  to  us,  that  they 
 all  agree  in  the  true,  usual  literal  meaning  of  the  said 
 Articles ;  and  that  even  in  those  curious  points,  in  which 
 the  present  differences  lie,  men  of  all  sorts  take  the  Articles 
 of  the  Church  of  England  to  be  for  them ;  which  is  an 
 argument  again,  that  none  of  them  intend  any  desertion  of 
 the  Articles  established. 
 
 That  therefore  in  these  both  curious  and  unhappy  differ- 
 ences, which  have  for  so  many  hundred  years,  in  different 
 times  and  places,  exercised  the  Church  of  Christ,  we  will, 
 that  all  further  curious  search  be  laid  aside,  and  these  dis- 
 putes shut  up  in  God's  promises,  as  they  be  generally  set 
 forth  to  us  in  the  Holy  Scriptures,  and  the  general  meaning 
 of  the  Articles  of  the  Church  of  England  according  to  them. 
 And  that  no  man  hereafter  shall  either  print,  or  preach,  to 
 draw  the  Article  aside  any  way,  but  shall  submit  to  it  in 
 the  plain  and  full  meaning  thereof:  and  shall  not  put  his 
 own  sense  or  comment  to  be  the  meaning  of  the  Article, 
 but  shall  take  it  in  the  literal  and  grammatical  sense 
 
 That  if  any  public  reader  in  either  our  Universities,  or 
 any  head  or  master  of  a  College,  or  any  other  person 
 respectively  in  either  of  them,  shall  affix  any  new  sense  to 
 any  Article,  or  shall  publicly  read,  determine,  or  hold  any 
 public  disputation,  or  suffer  any  such  to  be  held  either  way, 
 in  either  the  Universities  or  Colleges  respectively  ;  or  if  any 
 divine  in  the  Universities  shall  preach  or  print  any  thing 
 either  way,  other  than  is  already  established  in  convocation 
 with  our  royal  assent ;  he,  or  they  the  offenders,  shall  be 
 liable  to  our  displeasure,  and  the  Church's  censure  in  our 
 commission  ecclesiastical,  as  well  as  any  other :  and  we  will 
 see  there  shall  be  due  execution  upon  them. 
 
xcii]      HISTORY  OF  THE  ENGLISH  CHURCH  521 
 
 XCII. 
 
 RESOLUTIONS  ON  RELIGION  PRESENTED  BY 
 A  COMMITTEE  OF  THE  HOUSE  OF  COM- 
 MONS, A.D.   1629. 
 
 Parliament  met  Jan.  20,  1629.     Within  the  next  few  days  cede-        1629. 
 siastical  questions  of  the  moment  monopolized  the  attention  of  the 
 Commons,  and  on  Jan.  26  a  committee  on  religion  was  formed  to 
 consider  the  subject  of  religious  grievances.     On  Feb.  24  the  result 
 of  their  deliberations  appeared  in  the  resolutions  which  follow. 
 
 [S.  R.  Gardiner's  Constitutional  Documents,  p.  11  ^] 
 
 Heads   of  Articles  to  be  insisted  on,   and  agreed  upon,   at 
 a  Sub-Committee  for  Religion. 
 
 I.  That  we  call  to  mind  how  that,  in  the  last  Session  of  i.  Previ 
 this  Parliament,  we  presented  to  his  majesty  an  humble  °"^^j  ^°'"' 
 declaration  of  the  great  danger  threatened  to  this  Church 
 
 and  State  by  divers  courses  and  practices   tending  to  the 
 change  and  innovation  of  religion. 
 
 II.  That  what  we  then  feared  we  do  now  sensibly  feel,  2.  are 
 and  therefore  have  just  cause  to  renew  our  former  com-  ^^"^^^^^^  = 
 plaints  therein. 
 
 III.  That  yet,  nevertheless,  we  do  with  all  thankfulness  3  but  with 
 acknowledge   the   great    blessing   we   have   received   from  ^.^^°g^^'- 
 
 .,.,         ^j-  •  ,.  tion  of  the 
 
 Almighty  God  m  settmg  a  kmg  over  us,  of  whose  constancy  king's 
 in  the  profession  and  practice  of  the  true  religion  here  '*^|'p^"s 
 established  we  rest  full  assured ;  as  likewise  of  his  most 
 pious  zeal  and  careful  endeavour  for  the  maintenance  and 
 propagation  thereof;  being  so  far  from  having  the  least 
 doubt  of  his  majesty's  remissness  therein,  that  we,  next 
 under  God,  ascribe  unto  his  own  princely  wisdom  and  good- 
 ness, that  our  holy  religion  hath  yet  any  countenance  at  all 
 amongst  us. 
 
 ^  We  have  failed  to  trace  an  original  for  this  document — Edd. 
 
;22 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE      [xcii 
 
 1629. 
 4.  Yet  the 
 present 
 occasion 
 should  be 
 seized  to 
 preserve 
 true 
 reliofion. 
 
 These 
 dangers 
 appear 
 from  the 
 state  of 
 religion : 
 Abroad, 
 in  the  ad- 
 vance of 
 the  preva- 
 lent party. 
 
 At  home, 
 in  the 
 growth 
 of  popery, 
 
 IV.  And  for  that  the  pious  intention  and  endeavours, 
 even  of  the  best  and  wisest  princes,  are  often  frustrated 
 through  the  unfaithfulness  and  carelessness  of  their  minis- 
 ters, and  that  we  find  a  great  unhappiness  to  have  befallen 
 his  majesty  this  way ;  we  think  that,  being  now  assembled 
 in  Parliament  to  advise  of  the  weighty  and  important  affairs 
 concerning  Church  and  State,  we  cannot  do  a  work  more 
 acceptable  than,  in  the  first  place,  according  to  the  dignity 
 of  the  matter,  and  necessity  of  the  present  occasions,  faith- 
 fully and  freely  to  make  known  what  we  conceive  may 
 conduce  to  the  preservation  of  God's  religion,  in  great  peril 
 now  to  be  lost ;  and,  therewithal,  the  safety  and  tranquillity 
 of  his  majesty  and  his  kingdoms  now  threatened  with  certain 
 dangers.  For  the  clearer  proceedings  therein,  we  shall 
 declare:  (i)  What  those  dangers  and  inconveniences  are; 
 (2)  whence  they  arise ;  (3)  in  some  sort  how  they  may  be 
 redressed. 
 
 The  dangers  may  appear  partly  from  the  consideration  of 
 the  state  of  religion  abroad,  and  partly  from  the  condition 
 thereof  witMn  his  majesty's  own  dominions,  and  especially 
 within  this  kingdom  of  England. 
 
 From  abroad  we  make  these  observations  :  (i)  By  the 
 mighty  and  prevalent  party  by  which  true  religion  is  actually 
 opposed,  and  the  contrary  maintained.  (2)  Their  combined 
 counsels,  forces,  attempts,  and  practices,  together  with  a 
 most  diligent  pursuit  of  their  designs,  aiming  at  the  subver- 
 sion of  all  the  Protestant  Churches  in  Christendom.  (3) 
 The  weak  resistance  that  is  made  against  them.  (4)  Their 
 victorious  and  successful  enterprises,  whereby  the  Churches 
 of  Germany,  France,  and  other  places  are  in  a  great  part 
 already  ruined,  and  the  rest  in  the  most  weak  and  miserable 
 condition. 
 
 In  his  majesty's  own  dominions,  these  :  (i)  In  Scotland, 
 the  stirs  lately  raised,  and  insolences  committed  by  the 
 popish  party  have  already  not  a  little  disquieted  that  famous 
 
xcii]      HISTORY  OF   THE   ENGLISH   CHURCH  523 
 
 Church ;  of  which,  with  comfort  we  take  notice,  his  majesty      1629. 
 
 hath  expressed  himself  exceeding  sensible,  and  hath  accord-  ^specially 
 ^  .         .  •  /   \  ^^  Ireland, 
 
 ingly  given  most  royal  and  prudent  directions  therein.     (2) 
 
 Ireland  is  now  almost  wholly  overspread  with  popery, 
 swarming  with  friars,  priests,  and  Jesuits,  and  other  super- 
 stitious persons  of  all  sorts,  whose  practice  is  daily  to  seduce 
 his  majesty's  subjects  from  their  allegiance,  and  to  cause 
 them  to  adhere  to  his  enemies.  That  even  in  the  city  of 
 Dublin,  in  the  view  of  the  State,  where  not  many  years 
 since,  as  we  have  been  credibly  informed,  there  were  few 
 or  none  that  refused  to  come  to  church,  there  are  lately 
 restored  and  erected  for  friars,  Jesuits,  and  idolatrous  mass- 
 priests,  thirteen  houses,  being  more  in  number  than  the 
 parish  churches  within  that  city ;  besides  many  more,  like- 
 wise erected  in  the  best  parts  of  the  kingdom ;  and  the 
 people  almost  wholly  revolted  from  our  religion,  to  the  open 
 exercise  of  popish  superstition.  The  danger  from  hence  is 
 further  increased  by  reason  of  the  intercourse  which  the 
 subjects,  of  all  sorts,  in  that  kingdom  have  into  Spain  and 
 the  archduchess's  country ;  and  that,  of  late,  divers  principal 
 persons,  being  papists,  are  trusted  with  the  command  of 
 soldiers ;  and  great  numbers  of  the  Irish  are  acquainted 
 with  the  exercise  of  arms  and  martial  discipline,  which  here- 
 tofore hath  not  been  permitted,  even  in  times  of  greatest 
 security.  Lastly,  here  in  England  we  observe  an  extra- 
 ordinary growth  of  popery,  insomuch  that  in  some  counties, 
 where  in  Queen  Elizabeth's  time  there  were  few  or  none 
 known  recusants,  now  there  are  above  2,000,  and  all  the 
 rest  generally  apt  to  revolt.  A  bold  and  open  allowance  of 
 their  religion,  by  frequent  and  public  resort  to  mass,  in  multi- 
 tudes, without  control,  and  that  even  to  the  queen's  court, 
 to  the  great  scandal  of  his  majesty's  government.  Their 
 extraordinary  insolence — for  instance,  the  late  erecting  of 
 a  college  of  Jesuits  in  Clerkenwell,  and  the  strange  pro- 
 ceedings thereupon  used  in   favour  of  them.     The  subtle 
 
524  DOCUMENTS  ILLUSTRATIVE   OF  THE     [xcii 
 
 1G29.  and  pernicious  spreading  of  the  Arminian  faction,  whereby 
 they  have  kindled  such  a  fire  of  division  in  the  very  bowels 
 of  the  State  as,  if  not  speedily  extinguished,  it  is  of  itself 
 sufficient  to  ruin  our  religion,  by  dividing  us  from  the 
 Reformed  Churches  abroad,  and  separating  amongst  our- 
 selves at  home,  by  casting  doubts  upon  the  religion  pro- 
 fessed and  established  ;  which,  if  faulty  or  questionable  in 
 three  or  four  articles,  will  be  rendered  suspicious  to  unstable 
 minds  in  all  the  rest,  and  incline  them  to  popery,  to  which 
 those  tenets  in  their  own  nature  do  prepare  the  way :  so 
 that  if  our  religion  be  suppressed  and  destroyed  abroad, 
 disturbed  in  Scotland,  lost  in  Ireland,  undermined  and 
 almost  outdared  in  England,  it  is  manifest  that  our  danger 
 is  very  great  and  imminent. 
 Various  The  causes  of  which  danger  here,  amongst  divers  others, 
 
 assio-ned  ^'^  conceive  to  be  chiefly  these  instanced  in  :  (i)  the  suspen- 
 for  such  sion  or  negligence  in  execution  of  the  laws  against  popery  ; 
 popery^  °  (2)  the  late  proceedings  against  the  College  of  Jesuits;  (3) 
 divers  letters  sent  by  Sir  Robert  Heath,  his  majesty's 
 attorney,  into  the  country  for  stay  of  proceedings  against 
 recusants ;  (4)  the  publishing  and  defending  points  of 
 popery  in  sermons  and  books  without  punishment ;  instance 
 Bishop  Montague's  three  books — viz.  The  Gag^  Invocation 
 of  Saints,  and  his  Appeal ^  also  Dr.  Cosin's  Horary  and  the 
 Bishop  of  Gloucester's  sermons.  (5)  The  bold  and  unwar- 
 ranted introducing,  practising,  and  defending  of  sundry  new 
 ceremonies,  and  laying  of  injunctions  upon  men  by  governors 
 of  the  Church  and  others,  without  authority,  in  conformity 
 to  the  Church  of  Rome ;  as,  for  example,  in  some  places 
 erecting  of  altars,  in  others  changing  the  usual  and  pre- 
 scribed manner  of  placing  the  Communion  table,  and  setting 
 it  at  the  upper  end  of  the  chancel,  north  and  south,  in 
 imitation  of  the  high  altar ;  by  which  they  also  call  it, 
 and  adorn  it  with  candlesticks,  which,  by  the  Injunctions, 
 10  Elizabeth,  were  to  be  taken  away;  and  do  also  make 
 
xcii]      HISTORY  OF   THE  ENGLISH   CHURCH  525 
 
 obeisance  by  bowing  thereunto,  commanding  men  to  stand  1029. 
 up  at  Gloria  Patri ;  bringing  men  to  question  and  trouble 
 for  not  obeying  that  command  for  which  there  is  no 
 authority ;  enjoining  that  no  woman  be  churched  without 
 a  veil ;  setting  up  of  pictures,  hghts,  and  images  in  churches  ; 
 praying  towards  the  east,  crossing  ad  oninem  motum  et 
 gestum.  (6)  The  false  and  counterfeit  conformity  of  Papists, 
 whereby  they  do  not  only  evade  the  law,  but  obtain  places 
 of  trust  and  authority  :  instance  Mr.  Browne  of  Oxford, 
 and  his  treatise  written  to  that  purpose ;  the  Bishop  of 
 Gloucester ;  and  the  now  Bishop  of  Durham.  (7)  The 
 suppressing  and  restraint  of  the  orthodox  doctrine  contained 
 in  the  Articles  of  Religion,  confirmed  in  Parliament, 
 13  Elizabeth,  according  to  the  sense  which  hath  been 
 received  publicly,  and  taught  as  the  doctrine  of  the  Church 
 of  England  in  those  points  wherein  the  Arminians  differ 
 from  us,  and  other  the  Reformed  Churches ;  wherein  the 
 essence  of  our  Articles,  in  those  controverted  points,  is 
 known  and  proved.  (8)  The  publishing  of  books  and 
 preaching  of  sermons,  contrary  to  the  former  orthodox 
 doctrine,  and  suppressing  books  wTitten  in  defence  thereof: 
 instance  Bishop  Montague's  Gag  and  Appeal^  Mr.  Jack- 
 son's Book  of  the  Essence  and  Attributes  of  God,  Dr.  White's 
 two  sermons  preached  at  Court,  one  upon  the  5th  of  Novem- 
 ber, the  other  on  Christmas  Day  last ;  and  for  orthodox 
 books  suppressed,  instance  in  all  that  have  been  written 
 against  Bishop  Montague  and  Cosin,  yea,  even  Bishop 
 Carleton's  book.  (9)  That  these  persons  who  have  pub- 
 lished and  maintained  such  papistical,  Arminian,  and  super- 
 stitious opinions  and  practices,  who  are  known  to  be 
 unsound  in  religion,  are  countenanced,  favoured,  and  pre- 
 ferred :  instance  Mr.  Montague,  made  Bishop  of  Chichester ; 
 also  the  late  Bishop  of  Carlisle,  since  his  last  Arminian 
 sermon  preached  at  Court,  advanced  to  the  bishopric  of 
 Norwich;    a  known   Arminian  made  Bishop  of  Ely;   the 
 
526  DOCUMENTS   ILLUSTRATIVE   OF   THE      [xci 
 
 1629.  Bishop  of  Oxford,  a  long-suspected  Papist,  advanced  to  the 
 bishopric  of  Durham  ;  Mr,  Cosin,  advanced  to  dignity  and 
 a  great  living ;  Dr.  Wren,  made  Dean  of  Windsor  and  one 
 of  the  High  Commission  Court.  (lo)  That  some  prelates 
 near  the  king,  having  gotten  the  chief  administration  of 
 ecclesiastical  affairs  under  his  majesty,  discountenance  and 
 hinder  the  preferment  of  those  that  are  orthodox,  and 
 favour  such  as  are  contrary  :  instance  the  Bishops  of  Win- 
 chester and  London,  in  divers  particulars. 
 The  chief        The  points  wherein  the  Arminians  differ  from   us  and 
 
 points  of     Q|.j^gj.  |-he  Reformed  Churches,  in  the  sense  of  the  Articles 
 Arminian  '^ 
 
 divergence  confirmed  in  Parliament,  13  Elizabeth,  may  be  known  and 
 are  sum-  proved  in  these  controverted  points,  viz. :  (i)  By  the  Com- 
 mon Prayer,  established  in  Parliament.  (2)  By  the  Book 
 of  Homilies,  confirmed  by  the  acts  of  religion.  (3)  By  the 
 Catechism  concerning  the  points  printed  in  the  Bible  and 
 read  in  churches,  and  divers  other  impressions  published 
 by  authority.  (4)  Bishop  Jewel's  works,  commanded  to  be 
 kept  in  all  churches,  that  every  parish  may  have  one  of 
 them.  (5)  The  public  determination  of  divinity  professors, 
 published  by  authority.  (6)  The  public  determination  of 
 divines  in  both  the  Universities.  (7)  The  Resolution  of  the 
 Archbishop  of  Canterbury  and  other  reverend  bishops  and 
 divines  assembled  at  Lambeth  for  this  very  purpose,  to 
 declare  their  opinions  concerning  those  points,  anno  1595, 
 unto  which  the  Archbishop  of  York  and  all  his  province 
 did  likewise  agree.  (8)  The  Articles  of  Ireland,  though 
 framed  by  the  Convocation  there,  yet  allowed  by  the  clergy 
 and  State  here.  (9)  The  suffrage  of  the  British  divines, 
 sent  by  King  James  to  the  Synod  of  Dort.  (10)  The 
 uniform  consent  of  our  writers,  published  by  authority. 
 (11)  The  censures,  recantations,  punishments,  and  submis- 
 sions made,  enjoined,  and  inflicted  upon  those  that  taught 
 contrary  thereunto,  as  Barrow  and  Barrett  in  Cambridge, 
 and  Bridges  in  Oxford. 
 
xcii]      HISTORY  OF   THE  ENGLISH  CHURCH  527 
 
 The  remedy  of  which  abuses  we  conceive  may  be  these  :  1629. 
 (i)  Due  execution  of  laws  against  Papists.  (2)  Exemplary  Various 
 punishments  to  be  inflicted  upon  teachers,  publishers,  and  are  pro- 
 maintainers  of  popish  opinions,  and  practising  of  super-  posed  to 
 stitious  ceremonies,  and  some  stricter  laws  in  that  case  to  case. 
 be  provided.  (3)  The  orthodox  doctrine  of  our  Church,  in 
 these  now  controverted  points  by  the  Arminian  sect,  may 
 established  and  freely  taught,  according  as  it  hath  been 
 hitherto  generally  received,  without  any  alteration  or  innova- 
 tion ;  and  severe  punishment,  by  the  same  laws  to  be  pro- 
 vided against  such  as  shall,  either  by  word  or  writing, 
 publish  anything  contrary  thereunto.  (4)  That  the  said 
 books  of  Bishop  Montague  and  Cosin  may  be  burned.  (5) 
 That  such  as  have  been  authors  or  abettors  of  those 
 popish  and  Arminian  innovations  in  doctrine  may  be  con- 
 dignly  punished.  (6)  That  some  good  order  may  be  taken 
 for  licensing  books  hereafter.  (7)  That  his  majesty  would 
 be  graciously  pleased  to  confer  bishoprics  and  other  eccle- 
 siastical preferments,  with  advice  of  his  Privy  Council,  upon 
 learned,  pious,  and  orthodox  men.  (8)  That  bishops  and 
 clergymen,  being  well  chosen,  may  reside  upon  their  charge, 
 and  with  diligence  and  fidelity  perform  their  several  duties, 
 and  that  accordingly  they  may  be  countenanced  and  pre- 
 ferred. (9)  That  some  course  may,  in  this  Parliament,  be 
 consdered  of,  for  providing  a  competent  means  to  maintain 
 a  godly,  able  minister  in  every  parish  church  of  this  king- 
 dom. (10)  That  his  majesty  would  be  graciously  pleased 
 to  make  a  special  choice  of  such  persons,  for  the  execution 
 of  his  ecclesiastical  commissions,  as  are  approved  for 
 integrity  of  life  and  soundness  of  doctrine. 
 
 [A  week  later  the  House  of  Commons  issued  a  protestation  in 
 which  these  words  occur  :  '  Whosoever  shall  bring  in  innovation  of 
 religion,  or  by  favour  or  countenance  seem  to  extend,  or  introduce, 
 popery  or  Arminianism,  or  other  opinion,  disagreeing  from  the  true 
 and  orthodox  Church,  shall  be  reputed  a  capital  enemy  to  this  kingdom 
 and  commonwealth.'     Cf.  Gardiner,  /.  c.  p.  16.] 
 
528  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xciii 
 
 XCIII. 
 
 THE  KING'S  MAJESTY'S  DECLARATION  TO  HIS 
 SUBJECTS  CONCERNING  LAWFUL  SPORTS 
 TO  BE  USED,  A.D.  1633. 
 
 1633.  This  declaration  was  a  reissue  by  Charles  of  a  previous  declaration 
 
 on  the  subject  by  King  James  in  i6i8,  to  which  Charles  adds  a  few 
 words  of  his  own,  and  directs  the  document  to  be  read  in  churches. 
 The  exact  date  of  the  manifesto  in  this  later  form  is  Oct.  i8,  1633. 
 
 [Transcr.  S.  P.  Dom.  Chas.  I,  ccxlviii,  No.  13.] 
 
 By  the  King. 
 The  pro-  Our  dear  father  of  blessed  memory,  in  his  return  from 
 Sunda"  °  Scctland,  coming  through  Lancashire,  found  that  his 
 recreation  subjects  were  debarred  from  lawful  recreations  upon 
 to  ubHsh  Sundays  after  evening  prayers  ended,  and  upon  Holy- 
 hisdeclara-  days ;  and  he  prudently  considered  that,  if  these  times 
 ^^^^^         were  taken  from  them,  the  meaner  sort  who  labour  hard 
 
 sports  A.D.  ' 
 
 1618,  all  the  week  should  have  no  recreations  at  all  to  refresh 
 
 their  spirits  :  and  after  his  return,  he  further  saw  that  his 
 
 loyal  subjects  in  all  other  parts  of  his  kingdom  did  suffer  in 
 
 the  same  kind,  though  perhaps  not  in  the  same  degree :  and 
 
 did  therefore  in  his  princely  wisdom  publish  a  declaration 
 
 to  all   his  loving  subjects  concerning  lawful  sports  to  be 
 
 used  at  such  times,  which  was  printed  and  published  by  his 
 
 royal  commandment  in  the  year  16 18,  in  the  tenor  which 
 
 hereafter  foUoweth  : 
 
 in  which         '  Whereas  upon  our  return  the  last  year  out  of  Scotland, 
 
 rated  Vhe    ^^  ^^^  publish  our  pleasure  touching  the  recreations  of  our 
 
 circum-       people  in  those  parts  under  our  hand  ;  for  some  causes  us 
 
 an^d  en^-       thereunto  moving,  we  have  thought  good  to  command  these 
 
 couraged     our  directions  then  given  in  Lancashire,  with  a  few  words 
 
 Lancashire  ^hereunto  added,  and  most  applicable  to  these  parts  of  our 
 
 and  else-     realms,  to  be  published  to  all  our  subjects. 
 
 where,   . 
 
xciii]      HISTORY  OF  THE  ENGLISH  CHURCH  529 
 
 Whereas  we  did  justly  in  our  progress  through  Lancashire      1633. 
 rebuke  some  Puritans  and  precise  people,  and  took  order 
 that  the  like  unlawful  carriage  should  not  be  used  by  any  of 
 them  hereafter,  in  the  prohibiting  and  unlawful  punishing 
 of  our  good  people  for  using  their  lawful  recreations  and 
 honest  exercises  upon  Sundays,  and  other  holy  days,  after  and  depre- 
 the  afternoon  sermon  or  service,  we  now  find  that  two  sorts  version^of 
 of  people  wherewith  that  country  is  much  infected,  we  mean  his  words 
 Papists  and  Puritans,  have  maliciously  traduced  and  calum-  ^^  puH-'' 
 niated   those  our  just   and  honourable  proceedings  :    and  tans  in 
 therefore   lest   our   reputation   might    upon   the   one    side   j^^g^. 
 (though  innocently)  have  some  aspersion  laid  upon  it,  and 
 that  upon  the  other  part  our  good  people  in  that  country 
 be  misled  by  the  mistaking  and  misinterpretation  of  our 
 meaning,  we  have  therefore  thought  good  hereby  to  clear 
 and  make  our  pleasure  to  be  manifested  to  all  our  good 
 people  in  those  parts. 
 
 It  is  true  that  at  our  first  entry  to  this  crown  and  kingdom 
 we  were  informed,  and  that  too  truly,  that  our  county  of 
 Lancashire  abounded  more  in  popish  recusants  than  any 
 county  of  England,  and  thus  hath  still  continued  since, 
 to  our  great  regret,  with  little  amendment,  save  that,  now  of 
 late,  in  our  last  riding  through  our  said  country  :  we  find 
 both  by  the  report  of  the  judges,  and  of  the  bishop  of  that 
 diocese,  that  there  is  some  amendment  now  daily  beginning, 
 which  is  no  small  contentment  to  us. 
 
 The  report  of  this  growing  amendment  amongst  them 
 made  us  the  more  sorry,  when  with  our  own  ears  we  heard 
 the  general  complaint  of  our  people,  that  they  were  barred 
 from  all  lawful  recreation  and  exercise  upon  the  Sunday's 
 afternoon,  after  the  ending  of  all  divine  service,  which 
 cannot  but  produce  two  evils :  the  one  the  hindering  of  the 
 conversion  of  many,  whom  their  priests  will  take  occasion 
 hereby  to  vex,  persuading  them  that  no  honest  mirth  or 
 recreation  is  lawful  or  tolerable  in  our  religion,  which  cannot 
 
 M  m 
 
530  DOCUMENTS  ILLUSTRATIVE   OF  THE     [xciii 
 
 1033.      but  breed  a  great  discontentment  in   our  people's  hearts, 
 
 especially  of  such  as  are  peradventure  upon  the  point  of 
 
 turning :   the  other  inconvenience  is,  that  this  prohibition 
 
 barreth  the  common  and  meaner  sort  of  people  from  using 
 
 such  exercises  as  may  make  their  bodies   more  able  for 
 
 war,  when  we  or  our  successors  shall  have  occasion  to  use 
 
 them  ;   and   in  place  thereof   sets   up  filthy  tipplings  and 
 
 drunkenness,  and  breeds  a  number  of  idle  and  discontented 
 
 speeches  in  their  ale-houses.     For  when  shall  the  common 
 
 people  have  leave  to  exercise,  if  not  upon  the  Sundays  and 
 
 holy  days,  seeing  they  must  apply  their  labour  and  win 
 
 their  living  in  all  working-days  ? 
 
 wherefore       Our  express  pleasure  therefore  is,  that  the  laws  of  our 
 
 Sunday       kingdom  and  canons  of  our  Church  be  as  well  observed  in 
 
 recreation  that  county,  as  in  all  other  places  of  this  our  kingdom :  and 
 
 allowed  in  ^^  ^^^  Other  part,  that  no  lawful  recreation  shall  be  barred 
 
 Lancashire  to  our  good  people,  which  shall  not  tend  to  the  breach  of 
 
 where         ^^^  aforesaid  laws  and  canons   of  our  Church :  which  to 
 
 express  more  particularly,  our  pleasure  is,  that  the  bishop, 
 
 and  all  other  inferior  churchmen  and  churchwardens,  shall 
 
 for  their  parts  be  careful  and  diligent,  both  to  instruct  the 
 
 ignorant,  and  convince  and  reform  them  that  are  misled  in 
 
 religion,  presenting  them  that  will  not  conform  themselves, 
 
 but  obstinately  stand  out,  to  our  judges  and  justices  :  whom 
 
 we   likewise  command  to  put  the   law  in   due  execution 
 
 against  them. 
 
 Our  pleasure  likewise  is,  that  the  bishop  of  that  diocese 
 take  the  like  strait  order  with  all  the  Puritans  and  Precisians 
 within  the  same,  either  constraining  them  to  conform  them- 
 selves or  to  leave  the  county,  according  to  the  laws  of  our 
 kingdom  and  canons  of  our  Church,  and  so  to  strike  equally 
 on  both  hands  against  the  contemners  of  our  authority  and 
 adversaries  of  our  Church :  and  as  for  our  good  people's 
 lawful  recreation,  our  pleasure  likewise  is,  that  after  the  end 
 of  divine  service  our  good  people  be  not  disturbed,  letted  or 
 
xciii]     HISTORY  OF  THE  ENGLISH  CHURCH  53: 
 
 discouraged  from  any  lawful  recreation,  such  as  dancing,       1638. 
 either  men  or  women  ;  archery  for  men,  leaping,  vaulting,  ^"^  such 
 or  any  other  such  harmless  recreation,  nor  from  having  of  sports 
 May-games,    Whitsun-ales,    and    Morris-dances  ;    and    the  were 
 
 /-  T.  /r  1  11  1  -1  1     enumer- 
 
 settmg  up  of  May-poles  and  other  sports  therewith  used  :  ^ted. 
 so  as  the  same  be  had  in  due  and  convenient  time,  without 
 impediment  or  neglect  of  divine  service  :  and  that  women 
 shall  have  leave  to  carry  rushes  to  the  church  for  the 
 decorating  of  it,  according  to  their  old  custom ;  but  withal 
 we  do  here  account  still  as  prohibited  all  unlawful  games  to 
 be  used  upon  Sundays  only,  as  bear  and  bull-baitings,  inter- 
 ludes, and  at  all  times  in  the  meaner  sort  of  people  by  law 
 prohibited,  bowling. 
 
 And  likewise  we  bar  from  this  benefit  and  liberty  all  such  Recusants 
 known  as  recusants,  either  men  or  women,  as  will  abstain  D^^ng  "e- 
 
 '  '  barred 
 
 from  coming  to  church  or  divine  service,  being  therefore  from  the 
 unworthy  of  any  lawful  recreation  after  the  said  service,  that  PJ'iviiege, 
 will  not  first  come  to  the  church  and  serve  God  :  prohibiting 
 in  like  sort  the  said  recreations  to  any  that,  though  [they] 
 conform  in  religion,  are  not  present  in  the  church  at  the 
 service  of  God,  before  their  going  to  the  said  recreations. 
 Our  pleasure  likewise  is,  that  they  to  whom  it  belongeth  in 
 office,  shall  present  and  sharply  punish  all  such,  as  in  abuse 
 of  this  our  liberty,  will  use  these  exercises  before  the  ends  of 
 all  divine  services  for  that  day  :    and   we  hkewise  straitly 
 command  that  every  person  shall  resort  to  his  own  parish 
 church  to  hear  divine  service,  and  each  parish  by  itself  to 
 use  the  said  recreation   after   divine   service  :    prohibiting  and  the 
 likewise  any  offensive  weapons  to  be  carried  or  used  in  declaratioi 
 
 .  .  .     being  pub- 
 
 the  said  times  of  recreation  :  and  our  pleasure  is,  that  this  lished  by 
 our  declaration  shall  be  published  by  order  from  the  bishop  '^^  bishop 
 of  the  diocese,  through  all  the  parish  churches,  and  that 
 both  our  judges  of  our  circuity  and  our  justices  of  our  peace 
 be  informed  thereof. 
 
 Given  at  our  Manor  of  Greenwich  the  four-and-twentieth 
 
 M  m  2 
 
532 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [xciii 
 
 1633. 
 
 This  de- 
 claration 
 Charles 
 ratifies  for 
 reasons 
 specified, 
 
 and  the 
 justices  are 
 to  oversee 
 parish 
 festivals, 
 
 and  the 
 execution 
 and  publi- 
 cation of 
 their 
 docu- 
 ments. 
 
 day  of  May,  in  the  sixteenth  year  of  our  reign,  of  England, 
 France,  and  Ireland  ;  and  of  Scotland  the  one-and-fiftieth.' 
 
 Now  out  of  a  like  pious  care  for  the  service  of  God,  and 
 for  suppressing  of  any  humours  that  oppose  truth,  and  for 
 the  ease,  comfort,  and  recreation  of  our  well-deserving 
 people,  we  do  ratify  and  publish  this  our  blessed  father's 
 declaration  :  the  rather,  because  of  late  in  some  counties 
 of  our  kingdom,  we  find  that  under  pretence  of  taking 
 away  abuses,  there  hath  been  a  general  forbidding,  not 
 only  of  ordinary  meetings,  but  of  the  feasts  of  the  dedi- 
 cation of  the  churches,  commonly  called  wakes.  Now 
 our  express  will  and  pleasure  is,  that  these  feasts,  with 
 others,  shall  be  observed,  and  that  our  justices  of  the 
 peace,  in  their  several  divisions,  shall  look  to  it,  both 
 that  all  disorders  there  may  be  prevented  or  punished,  and 
 that  all  neighbourhood  and  freedom,  with  manlike  and 
 lawful  exercises  be  used  :  and  we  further  command  our 
 justices  of  assize  in  their  several  circuits  to  see  that  no  man 
 do  trouble  or  molest  any  of  our  loyal  and  dutiful  people,  in 
 or  for  their  lawful  recreations,  having  first  done  their  duty 
 to  God,  and  continuing  in  obedience  to  us  and  our  laws  : 
 and  for  this  we  command  all  our  judges,  justices  of  peace, 
 as  well  within  liberties  as  without,  mayors,  bailiffs,  con- 
 stables, and  other  officers,  to  take  notice  of,  and  to  see 
 observed,  as  they  tender  our  displeasure.  And  we  further 
 will  that  publication  of  this  our  command  be  made  by  order 
 from  the  bishops,  through  all  the  parish  churches  of  their 
 several  dioceses  respectively. 
 
 Given  at  our  palace  of  Westminster,  the  eighteenth  day  of 
 October,  in  the  ninth  year  of  our  reign. 
 
 God  save  the  king. 
 
 [With  the  foregoing  proclamation  is  the  following  order  by  the 
 king  to  Archbishop  Laud :  '  Chades  R.  Canterbury,  See  that  our 
 declaration  concerning  recreations  on  the  Lord's  Day,  after  evening 
 prayer,  be  printed.'] 
 
xciv]     HISTORY  OF  THE  ENGLISH  CHURCH 
 
 XCIV. 
 
 THE  PRIVY  COUNCIL  AND  THE  POSITION 
 OF  THE  COMMUNION  TABLE  AT  ST.  GRE- 
 GORY'S, A.D.   1633. 
 
 The  question  of  the  position  of  the  Communion  Table,  which  had  1633. 
 been  agitated  for  years,  came  to  a  head  in  1633.  In  September 
 Bishop  WilUams  of  Lincoln  ruled  in  a  dispute  at  Leicester  and,  fol- 
 lowing a  precedent  set  by  him  at  Grantham,  directed  that  the  Holy 
 Table  should  be  placed  in  the  chancel,  and  should  be  moved  down 
 when  needed  for  use.  Meanwhile,  in  the  newly  restored  church  of 
 St.  Gregory  beside  St.  Paul's,  London,  the  Dean  and  Chapter  had 
 placed  the  Table  in  the  east  end,  setting  rails  before  it.  Five 
 parishioners  appealed,  Oct.  18,  to  the  Court  of  Arches.  The  king 
 interfered  at  this  stage,  summoning  the  parties  before  the  Privy 
 Council  with  the  following  result.  In  1635  Laud  ordered  Sir  Nicholas 
 Brent,  his  Vicar-General,  to  direct  that  the  Holy  Table  should  in  all 
 churches  be  moved  to  the  east  end,  and  be  railed  in. 
 
 [Transcr.  Privy  Council  Register,  Charles  I,  vol.  ix.  p.  304.] 
 
 At  Whitehall,  the  third  of  November,  1633.  Present: 
 the  King's  most  excellent  majesty ;  Lord  Archbishop  of 
 Canterbury ;  Lord  Keeper ;  Lord  Archbishop  of  York ; 
 Lord  Treasurer ;  Lord  Privy  Seal ;  Lord  Duke  of  Lennox ; 
 Lord  High  Chamberlain ;  Earl  Marshal ;  Lord  Chamber- 
 lain ;  Earl  of  Bridgwater ;  Earl  of  Carlisle ;  Lord  Cottington; 
 Mr.  Treasurer ;  Mr.  Comptroller ;  Mr.  Secretary  Coke ; 
 Mr.  Secretary  Windebanke. 
 
 This  day  was  debated  before  his  majesty,  sitting  in 
 council,  the  question  and  difference  which  grew  about  the 
 removing  of  the  Communion  table  in  St.  Gregory's  church, 
 near  the  cathedral  church  of  St.  Paul,  from  the  middle  of 
 the  chancel  to  the  upper  end,  there  placed  altar-wise, 
 in  such  manner  as  it  standeth  in  the  said  cathedral  and 
 mother  church  (as  also  in  all  other  cathedrals,  and  in  his 
 
534  DOCUMENTS  ILLUSTRATIVE   OF  THE     txciv 
 
 1633.  majesty's  own  chapel),  and  as  is  consonant  to  the  practice 
 of  approved  antiquity  :  which  removal  and  placing  thereof 
 in  that  sort  was  done  by  order  of  the  Dean  and  Chapter  of 
 St.  Paul's  who  are  ordinaries  thereof,  as  was  avowed  before 
 his  majesty  by  Mr.  Doctor  King  and  Mr.  Doctor  Montfort, 
 two  of  the  prebends  there.  Yet  some  few  of  the  parishioners, 
 being  but  five  in  number,  did  complain  of  this  act  by 
 appeal  to  the  Court  of  Arches,  pretending  that  the  Book  of 
 Common  Prayer  and  the  eighty-second  Canon  do  give  per- 
 mission to  place  the  Communion  table  where  it  may  stand 
 with  most  fitness  and  convenience.  Now  his  majesty  having 
 heard  a  particular  relation,  made  by  the  counsel  of  both 
 parties,  of  all  the  carriage  and  proceedings  in  this  cause,  was 
 pleased  to  declare  his  dislike  of  all  innovation  and  receding 
 from  ancient  constitutions,  grounded  upon  just  and  warrant- 
 able reasons,  especially  in  matters  concerning  ecclesiastical 
 orders  and  government,  knowing  how  easily  men  are  drawn 
 to  affect  novelties,  and  how  soon  weak  judgments  may  in 
 such  cases  be  overtaken  and  abused.  And  he  was  also 
 pleased  to  observe,  that  if  those  few  parishioners  might 
 have  their  will,  the  difference  thereby  from  the  aforesaid 
 cathedral  mother  church,  by  which  all  other  churches 
 depending  thereon  ought  to  be  guided  and  directed,  would 
 be  the  more  notorious,  and  give  more  subject  of  discourse 
 and  dispute  that  might  be  spared,  by  reason  of  the  near- 
 ness of  St.  Gregory's,  standing  close  to  the  wall  thereof. 
 And  likewise  that  for  so  much  as  concerns  the  liberty 
 given  by  the  said  Communion  book  or  canon,  for  placing 
 the  Communion  table  in  any  church  or  chancel,  with  most 
 convenience,  that  liberty  is  not  to  be  understood,  as  if  it 
 were  ever  left  to  the  discretion  of  the  parish,  much  less 
 to  the  particular  fancy  of  any  humorous  person,  but  to  the 
 judgment  of  the  ordinary,  to  whose  place  and  function  it 
 doth  properly  belong,  to  give  direction  in  that  point,  both 
 for  the  thing  itself,  and  for  the  time,  when  and  how  long. 
 
xcv]     HISTORY  OF  THE  ENGLISH  CHURCH  535 
 
 as  he  may  find  cause.  Upon  which  consideration  his  1633. 
 majesty  declared  himself,  that  he  well  approved  and  con- 
 firmed the  act  of  the  said  ordinary.  And  also  gave  com- 
 mandment that  if  those  few  parishioners  before  mentioned 
 do  proceed  in  their  said  appeal,  then  the  Dean  of  the  Arches 
 (who  was  then  attending  at  the  hearing  of  the  cause)  shall 
 confirm  the  said  order  of  the  aforesaid  dean  and  chapter. 
 
 XCV. 
 
 THE   CANONS   OF   a.d.  1640.  * 
 
 These  Canons  occupy  ten  folio  pages  in  Wilkins  (iv.  543-553). 
 
 A  Latin  summary  of  the  Acts  of  Convocation  for  the  1640. 
 year  1640  will  be  found  in  Cardwell's  Synodalia,  ii.  593. 
 The  titles  of  the  various  Canons  for  that  year  are  as  fol-  Titles  of 
 lows:  I.  Concerning  the  regal  power.  2.  For  the  better^  e canons, 
 keeping  of  the  day  of  his  majesty's  most  happy  inauguration. 
 3.  For  the  suppressing  the  growth  of  popery.  4.  Against 
 Socinianism.  5.  Against  sectaries.  6.  An  oath  enjoined 
 for  the  preventing  of  all  innovations  in  doctrine  and  govern- 
 ment (see  No.  XCVI).  7.  A  declaration  concerning  some 
 rites  and  ceremonies.  8.  Of  preaching  for  conformity. 
 9.  One  book  of  articles  of  inquiry  to  be  used  at  all  paro- 
 chial visitations.  10.  Concerning  the  conversation  of  the 
 clergy.  11.  Chancellors' patents.  12.  Chancellors  alone  not 
 to  censure  any  of  the  clergy  in  sundry  cases.  13.  Excom- 
 munication and  absolution  not  to  be  pronounced  but  by 
 a  priest.  14.  Concerning  commutations  and  the  disposing 
 of  them.  15.  Touching  concurrent  jurisdiction.  16.  Con- 
 cerning licences  to  marry.     17.  Against  vexatious  citations. 
 
536  DOCUMENTS  ILLUSTRATIVE   OF  THE     [xcvi 
 
 XCVI. 
 
 THE   ETCETERA   OATH. 
 
 1640.  This   oath  is  inserted   in  Canon  6  of  the  foregoing.      It  was   to 
 
 be  taken  by  every  clergyman,  every  Master  of  Arts  not  the  son  of 
 a  nobleman,  all  who  had  taken  a  degree  in  divinity,  law,  or  physic, 
 all  registrars,  actuaries,  proctors  and  schoolmasters,  all  persons 
 incorporated  from  foreign  universities,  all  candidates  for  ordination. 
 Its  ambiguitj^  owing  to  the  vague  term  '  &c.'  as  well  as  the  asserted 
 illegality  of  the  Convocation,  caused  it  to  be  dropped  by  the  king's 
 order  in  August  of  the  same  year. 
 
 [Wilkins,  iv.  549.] 
 
 I,  A.  B.,  do  swear  that  I  do  approve  the  doctrine,  and 
 discipline,  or  government  established  in  the  Church  of 
 England  as  containing  all  things  necessary  to  salvation  :  and 
 that  I  will  not  endeavour  by  myself  or  any  other,  directly  or 
 indirectly,  to  bring  in  any  popish  doctrine  contrary  to  that 
 which  is  so  established;  nor  will  I  ever  give  my  consent  to 
 alter  the  government  of  this  Church  by  archbishops,  bishops, 
 deans,  and  archdeacons,  &c.,  as  it  stands  now  established, 
 and  as  by  right  it  ought  to  stand,  nor  yet  ever  to  subject  it 
 to  the  usurpations  and  superstitions  of  the  see  of  Rome. 
 And  all  these  things  I  do  plainly  and  sincerely  acknowledge 
 and  swear,  according  to  the  plain  and  common  sense  and 
 understanding  of  the  same  words,  without  any  equivocation, 
 or  mental  evasion,  or  secret  reservation  whatsoever.  And 
 this  I  do  heartily,  willingly,  and  truly,  upon  the  faith  of 
 a  Christian.     So  help  me  God  in  Jesus  Christ. 
 
xcvii]     HISTORY  OF  THE  ENGLISH  CHURCH  537 
 
 XCVII. 
 
 THE   ROOT  AND  BRANCH  PETITION,  a.d.   1640. 
 
 This  petition  was  presented  by  1,500  persons  on  Dec.  11,  1640,  1G40. 
 on  behalf  of  15,000  Londoners  who  had  signed  it.  The  Commons 
 postponed  its  consideration,  but  in  the  following  February  referred 
 it  to  a  committee.  The  petition  must  be  distinguished  from  the  Root 
 and  Branch  Bill  said  to  have  been  drawn  up  by  St.  John,  and  pre- 
 sented to  Parliament  by  Vane  and  Cromwell  in  May,  1641.  The  bill 
 was  dropped  in  the  House  of  Commons,  and  finally  abandoned  after 
 long  debates  in  August. 
 
 [Rushworth,  Hist.  Coll.  iv.  93,  ed.  1721.] 
 
 To    the    Right   Honourable    the   Commons    House   of  Petition  of 
 
 ■r.     T  ^  many  of 
 
 Parhament.  the  king's 
 
 The  humble  petition  of  many  of  his  majesty's  subjects  in  subjects  to 
 and  about  the  city  of  London,  and  several  counties  of  the  jnons°"^' 
 kingdom.     Sheweth, 
 
 That  whereas  the  government  of  archbishops  and  lord  The  divine 
 bishops,  deans,  and  archdeacons,  &c.,  with  their  courts  and  "fgcopacv 
 ministrations  in  them,   have  proved   prejudicial   and  very  &c.,  is  a 
 dangerous  both  to   the  Church  and  Commonwealth,  they  "^^^ 
 themselves  having  formerly  held  that  they  have  their  juris- 
 diction or  authority  of  human  authority,  till  of  these  later 
 times,   being  further  pressed  about  the  unlawfulness,  that 
 they  have  claimed  their  calling  immediately  from  the  Lord 
 Jesus  Christ,  which  is  against  the  laws  of  this  kingdom,  and 
 derogatory  to  his  majesty  and  his  state  royal.     And  whereas  and  that 
 the  said  government  is  found  by  woeful  experience  to  be  church 
 a  main  cause  and  occasion  of  many  foul  evils,  pressures  and  govern- 
 grievances  of  a  very  high  nature  unto  his  majesty's  sub-  proved 
 jects  in  their  own  consciences,  liberties  and  estates,  as  in  highly 
 a  schedule  of  particulars  hereunto  annexed  may  in  part  *^J"^^°^^ » 
 appear : 
 
 We    therefore    most    humbly    pray,    and    beseech    this  be  it  there- 
 fore 
 
538 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE     [xcvii 
 
 1640.      honourable  assembly,  the  premises  considered,  that  the  said 
 abolished    government  with  all  its  dependencies,  roots  and  branches, 
 
 in  favour  of  °  -,1,1  •  ^        •        ^       y       ^r■  i  •   i 
 
 '  the  may  be  abolished,  and  all  laws  m  their  behalf  made  void, 
 
 .•rovern-       ^^^^  ^.j^g  government  according  to  God's  word  may  be  rightly 
 
 ment  ac-  ,  i         i  i  t 
 
 cording  to  placed  amongst  us:    and  we  your  humble  suppliants,  as  in 
 
 God's         ^yj-y  y^Q  ^j-g  bouud,  wlll  dally  pray  for  his  majesty's  long 
 
 word.'  -^  .  1     r  1  r 
 
 and  happy  reign  over  us,  and  tor  the  prosperous  success  01 
 this  high  and  honourable  Court  of  Parliament. 
 
 Particulars 
 of  the  evils 
 of  episco- 
 pacy: 
 
 1.  Subjec- 
 tion of 
 ministers. 
 
 2.  Servility 
 of  minis- 
 ters. 
 
 3.  Pre- 
 sumption 
 of  minis- 
 ters. 
 
 4.  Silen- 
 cing of 
 good 
 ministers. 
 
 A  particular  of  the  manifold  evils,  pressures,  and  grievances 
 caused,  practised  and  occasioned  by  the  prelates  and  their 
 dependents. 
 
 1.  The  subjecting  and  enthralling  all  ministers  under 
 them  and  their  authority,  and  so  by  degrees  exempting  them 
 from  the  temporal  power ;  whence  follows, 
 
 2.  The  faint-heartedness  of  ministers  to  preach  the  truth 
 of  God,  lest  they  should  displease  the  prelates  ;  as  namely, 
 the  doctrine  of  predestination,  of  free  grace,  of  perseverance, 
 of  original  sin  remaining  after  baptism,  of  the  sabbath,  the 
 doctrine  against  universal  grace,  election  for  faith  foreseen, 
 freewill  against  Antichrist,  non-residents,  human  inventions 
 in  God's  worship ;  all  which  are  generally  withheld  from  the 
 people's  knowledge,  because  not  relishing  to  the  bishops. 
 
 3.  The  encouragement  of  ministers  to  despise  the  temporal 
 magistracy,  the  nobles  and  gentry  of  the  land ;  to  abuse  the 
 subjects,  and  live  contentiously  with  their  neighbours, 
 knowing  that  they,  being  the  bishops'  creatures,  shall  be 
 supported. 
 
 4.  The  restraint  of  many  godly  and  able  men  from  the 
 ministry,  and  thrusting  out  of  many  congregations  their 
 faithful,  diligent  and  powerful  ministers,  who  lived  peaceably 
 with  them,  and  did  them  good,  only  because  they  cannot 
 in  conscience  submit  unto  and  maintain  the  bishops'  need- 
 less devices ;  nay,  sometimes  for  no  other  cause  but  for 
 their  zeal  in  preaching,  or  great  auditories. 
 
xcvii]     HISTORY  OF  THE  ENGLISH  CHURCH  539 
 
 5.  The  suppressing  of  that  godly  design  set  on  foot  by      1640. 
 certain  saints,  and  sugared  with  many  great  gifts  by  sundry  ^'^  J^^^^^^' 
 well-affected  persons  for  the  buying  of  impropriations,  and  patronage, 
 placing  of  able  ministers  in  them,  maintaining  of  lectures, 
 
 and  founding  of  free  schools,  which  the  prelates  could  not 
 endure,  lest  it  should  darken  their  glories,  and  draw  the 
 ministers  from  their  dependence  upon  them. 
 
 6.  The  great  increase  of  idle,  lewd  and  dissolute,  ignorant  6.  En- 
 and  erroneous  men  in  the  ministry,  which  swarm  like  the  ^"^^^f" 
 locusts  of  Egypt  over  the  whole  kingdom ;   and  will  they  unfit 
 but  wear  a  canonical  coat,  a  surplice,  a  hood,  bow  at  the  "^^^isters. 
 name  of  Jesus,  and  be  zealous  of  superstitious  ceremonies, 
 
 they  may  live  as  they  list,  confront  whom  they  please, 
 preach  and  vent  what  errors  they  will,  and  neglect  preaching 
 at  their  pleasures  without  control. 
 
 7.  The  discouragement  of  many  from  bringing  up  their  7-  En- 
 children  in  learning ;  the  many  schisms,  errors,  and  strange  J^^^^^of " 
 opinions  which  are  in  the  Church ;  great  corruptions  which  errors  and 
 are  in  the  Universities ;  the  gross  and  lamentable  ignorance  ^S^°^^^<^^- 
 almost  everywhere  among  the  people ;  the  want  of  preaching 
 ministers  in  very  many  places  both  of  England  and  Wales  ; 
 
 the  loathing  of  the  ministry,  and  the  general  defection  to 
 all  manner  of  profaneness. 
 
 8.  The  swarming   of  lascivious,  idle,    and   unprofitable  8.  En- 
 books  and  pamphlets,  play-books  and  ballads ;  as  namely,  ^^^^of ' 
 Ovid's  Fits  of  Love,  The  Parlia7nent  of  Wo7nen,  which  came  bad  litera- 
 out  at  the  dissolving  of  the  last  Parliament ;  Barns's  Poems,  '^^'^^' 
 Parker's  Ballads,  in  disgrace  of  religion,  to  the  increase  of 
 
 all  vice,  and  withdrawing  of  people  from  reading,  studying, 
 and  hearing  the  word  of  God,  and  other  good  books. 
 
 9.  The   hindering   of  godly  books    to    be   printed,   the  9-  Control 
 blotting  out  or  perverting  those  which  they  suffer,  all  or  Yx&s&. 
 most  of  that  which  strikes  either  at  popery  or  Arminianism ; 
 
 the  adding  of  what  or  where  pleaseth  them,  and  the  restraint 
 of  reprinting  books  formerly  licensed,  without  relicensing. 
 
540 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     txcvii 
 
 1640. 
 lo.  Publi- 
 cation of 
 popish 
 books. 
 
 II.   In- 
 crease of 
 popery. 
 
 12.  In- 
 crease of 
 burdens. 
 
 13.  Toler- 
 ance 
 towards 
 Romish 
 arguments, 
 
 10.  The  publishing  and  venting  of  popish,  Arminian,  and 
 other  dangerous  books  and  tenets ;  as  namely,  '  That  the 
 Church  of  Rome  is  a  true  Church,  and  in  the  worst  times 
 never  erred  in  fundamentals ; '  '  that  the  subjects  have  no 
 propriety  in  their  estates,  but  that  the  king  may  take  from 
 them  what  he  pleaseth ; '  '  that  all  is  the  king's,  and  that  he 
 is  bound  by  no  law;'  and  many  other,  from  the  former 
 whereof  hath  sprung : 
 
 11.  The  growth  of  popery  and  increase  of  papists,  priests, 
 and  Jesuits  in  sundry  places,  but  especially  about  London 
 since  the  Reformation ;  the  frequent  venting  of  crucifixes 
 and  popish  pictures  both  engraven  and  printed,  and  the 
 placing  of  such  in  Bibles. 
 
 12.  The  multitude  of  monopolies  and  patents,  drawing 
 with  them  innumerable  perjuries ;  the  large  increase  of 
 customs  and  impositions  upon  commodities,  the  ship  money, 
 and  many  other  great  burthens  upon  the  commonwealth, 
 under  which  all  groan. 
 
 13.  Moreover,  the  offices  and  jurisdictions  of  archbishops, 
 lord  bishops,  deans,  archdeacons,  being  the  same  way  of 
 church  government  which  is  in  the  Romish  Church,  and 
 which  was  in  England  in  the  time  of  popery,  little  change 
 thereof  being  made  (except  only  the  head  from  whence  it 
 was  derived),  the  same  arguments  supporting  the  pope 
 which  do  uphold  the  prelates,  and  overthrowing  the  pre- 
 lates, which  do  pull  down  the  pope ;  and  other  reformed 
 Churches  having  upon  their  rejection  of  the  pope  cast  the 
 prelates  out  also  as  members  of  the  beast.  Hence  it  is 
 that  the  prelates  here  in  England,  by  themselves  or  their 
 disciples,  plead  and  maintain  that  the  pope  is  not  Anti- 
 christ, and  that  the  Church  of  Rome  is  a  true  Church,  hath 
 not  erred  in  fundamental  points,  and  that  salvation  is 
 attainable  in  that  religion,  and  therefore  have  restrained  to 
 pray  for  the  conversion  of  our  sovereign  lady  the  queen. 
 Hence  also  hath  come  : 
 
xcvii]     HISTORY  OF  THE  ENGLISH  CHURCH  541 
 
 14.  The   great  conformity  and  likeness  both  continued      1640. 
 and  increased  of  our  Church  to  the  Church  of  Rome,  in  ^4-  In- 
 
 ,       ,      .    .  .  ,     crease  of 
 
 vestures,  postures,  ceremonies,  and  admmistrations,  namely  Romish 
 as   the   bishop's   rochets   and   the   lawn-sleeves,    the    four-  ceremo- 
 cornered  cap,  the  cope  and  surplice,  the  tippet,  the  hood, 
 and   the   canonical   coat ;   the   pulpits    clothed,    especially 
 now   of  late,   with    the   Jesuits'   badge    upon  them   every 
 way. 
 
 15.  The  standing  up  at  Gloria  Fatri  ^nd.  at  the  reading  15-  Cere- 
 of  the  Gospel,  praying  towards  the  East,  the  bowing  at  the  jected^to 
 name  of  Jesus,  the  bowing  to  the  altar  towards  the  East, 
 
 cross  in  baptism,  the  kneeling  at  the  Communion. 
 
 16.  The   turning    of  the    Communion  table    altar-wise,  16.  Church 
 setting   images,    crucifixes,    and   conceits   over   them,   and  °™^i^^"ts, 
 tapers  and  books  upon  them,  and  bowing  or  adoring  to  or  jected  to. 
 before  them  ;  the  reading  of  the  second  service  at  the  altar, 
 
 and  forcing  people  to  come  up  thither  to  receive,  or  else 
 denying  the  Sacrament  to  them ;  terming  the  altar  to  be 
 the  mercy-seat,  or  the  place  of  God  Almighty  in  the  church, 
 which  is  a  plain  device  to  usher  in  the  Mass. 
 
 17.  The  christening  and  consecrating  of  churches  and  i7-  Forms 
 chapels,   the   consecrating   fonts,   tables,    pulpits,   chalices,  cration^' 
 churchyards,  and  many  other  things,  and  putting  holiness 
 
 in  them ;  yea,  reconsecrating  upon  pretended  pollution,  as 
 though  everything  were  unclean  without  their  consecrating ; 
 and  for  want  of  this  sundry  churches  have  been  interdicted, 
 and  kept  from  use  as  polluted. 
 
 18.  The  Liturgy  for  the  most  part  is  framed  out  of  the  18.  Romish 
 Romish    breviary,    rituals,    mass-book,    also    the    book    offh^P^R^^ 
 Ordination  for  archbishops  and  ministers  framed  out  of  the 
 Roman  Pontifical. 
 
 19.  The   multitude   of  canons  formerly  made,  wherein  19.  Impo- 
 among  other   things   excommunication,  ipso  facto,    is   de- ^[|^Jj°" .?  _ 
 nounced  for  speaking  of  a  word  against  the  devices  above-  tion  and 
 said,  or  subscription  thereunto,  though  no  law  enjoined  a  ^^"°"^- 
 
542  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xcvii 
 
 1640.  restraint  from  the  ministry  without  subscription,  and  appeal 
 is  denied  to  any  that  should  refuse  subscription  or  unlawful 
 conformity,  though  he  be  never  so  much  wronged  by  the 
 inferior  judges.  Also  the  canons  made  in  the  late  sacred 
 Synod,  as  they  call  it,  wherein  are  many  strange  and 
 dangerous  devices  to  undermine  the  Gospel  and  the  sub- 
 jects' liberties,  to  propagate  popery,  to  spoil  God's  people, 
 ensnare  ministers,  and  other  students,  and  so  to  draw  all 
 into  an  absolute  subjection  and  thraldom  to  them  and  their 
 government,  spoiling  both  the  king  and  the  parliament  of 
 their  power. 
 
 20,  Plurali-  20.  The  countenancing  of  plurality  of  benefices,  pro- 
 times  for  hibiting  of  marriages  without  their  licence,  at  certain  times, 
 marriage,    almost  half  the  year,  and  licensing  of  marriages  without 
 
 banns  asking. 
 
 21.  Pro-  21.  Profanation  of  the  Lord's  Day,  pleading  for  it,  and 
 the  Lord's  enjoining  ministers  to  read  a  declaration  set  forth  (as  it  is 
 Day,           thought)  by  their  procurement  for  tolerating  of  sports  upon 
 
 that  day,  suspending  and  depriving  many  godly  ministers 
 for  not  reading  the  same  only  out  of  conscience,  because  it 
 was  against  the  law  of  God  so  to  do,  and  no  law  of  the 
 land  to  enjoin  it. 
 22.0bserv-      22.  The  pressing  of  the  strict  observation  of  the  saints' 
 saints'         days,  whereby  great  sums  of  money  are  drawn  out  of  men's 
 days.  purses  for  working  on  them ;  a  very  high  burthen  on  most 
 
 people,  who  getting  their  living  on  their  daily  employments, 
 must  either  omit  them,  and  be  idle,  or  part  with  their 
 money,  whereby  many  poor  families  are  undone,  or  brought 
 behindhand ;  yet  many  churchwardens  are  sued,  or  threat- 
 ened to  be  sued  by  their  troublesome  ministers,  as  perjured 
 persons,  for  not  presenting  their  parishioners  who  failed  in 
 observing  holy  days. 
 23.  In-  23.  The  great  increase  and  frequency  of  whoredoms  and 
 
 adulteries,  occasioned  by  the  prelates'  corrupt  administration 
 
 immo- 
 
 rality,        of  justice  in  such  cases,  who  taking  upon  them  the  punish- 
 
xcvii]      HISTORY  OF  THE  ENGLISH  CHURCH  543 
 
 ment  of  it,  do  turn  all  into  moneys  for  the  filling  of  their      1640. 
 purses ;  and  lest  their  officers  should  defraud  them  of  their 
 gain,  they  have  in  their  late  canon,  instead  of  remedying 
 these   vices,    decreed   that    the    commutation   of  penance 
 shall  not  be  without  the  bishops'  privity. 
 
 24.  The  general  abuse  of  that  great  ordinance  of  excom-  24.  Abuse 
 
 01  cxcom- 
 
 munication,  which  God  hath  left  in  His  Church  as  the  last  munica- 
 and  greatest  punishment  which  the  Church  can  inflict  upon  tion. 
 obstinate  and  great  offenders ;  and  the  prelates  and  their 
 officers,  who  of  right  have  nothing  to  do  with  it,  do  daily 
 excommunicate  men,  either  for  doing  that  which  is  lawful, 
 or  for  vain,  idle,  and  trivial  matters,  as  working,  or  opening 
 a  shop  on  a  holy  day,  for  not  appearing  at  every  beck 
 upon  their  summons,  not  paying  a  fee,  or  the  like ;  yea, 
 they  have  made  it,  as  they  do  all  other  things,  a  hook 
 or  instrument  wherewith  to  empty  men's  purses,  and  to 
 advance  their  own  greatness ;  and  so  that  sacred  ordinance 
 of  God,  by  their  perverting  of  it,  becomes  contemptible  to 
 all  men,  and  is  seldom  or  never  used  against  notorious 
 offenders,  who  for  the  most  part  are  their  favourites. 
 
 25.  Yea  further,  the  pride  and  ambition  of  the  prelates  25.  Usur- 
 
 1     •         1  n  -IT  1  1  •  •  1  pation  of 
 
 bemg  boundless,  unwillmg  to  be  subject  either  to  man  or  ^ivii  offices 
 laws,   they  claim  their  office   and  jurisdiction  to  be  Jure  by  the 
 Divino,  exercise  ecclesiastical  authority  in  their  own  names 
 and  rights,  and  under  their  own  seals,  and  take  upon  them 
 temporal  dignities,  places  and  offices  in  the  commonwealth, 
 that  they  may  sway  both  swords. 
 
 26.  AVhence  follows  the  taking  commissions  in  their  own  26,  Inva- 
 courts  and  consistories,  and  where  else  they  sit  in  matters  !.^°"  ^^ 
 
 ■'  Common 
 
 determinable  of  right  at  common  law,  the  putting  of  min-  Law. 
 isters   upon   parishes,    without   the   patron's   and   people's 
 consent. 
 
 27.  The  imposing  of  oaths  of  various  and  trivial  articles  27.  Impo- 
 yearly  upon  churchwardens  and  sidesmen,  which  they  cannot  ^^^^^  ^ 
 take  without  perjury,  unless  they  fall  at  jars  continually  with  church- 
 
544  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xcvn 
 
 1640.      their  ministers  and  neighbours,  and  wholly  neglect  their 
 
 wardens,      ^wn  Calling. 
 &c 
 
 o   T      •         28.  The  exercising  of  the  oath  ex  officio,  and  other  pro- 
 20.  Inqui-  °  . 
 
 sitorial        ceedings  by  way  of  inquisition,   reaching  even  to   men's 
 ^^b't"  r'l     thoughts,  the  apprehending  and  detaining  of  men  by  pur- 
 exerted       suivants,  the  frequent  suspending  and  depriving  of  minis- 
 ters, fining  and  imprisoning  of  all  sorts  of  people,  breaking 
 up  of  men's  houses  and  studies,  taking  away  men's  books, 
 letters,  and  other  writings,  seizing  upon  their  estates,  re- 
 moving them  from  their  callings,  separating  between  them 
 and  their  wives  against  both  their  wills,  the  rejecting  of 
 prohibitions  with  threatenings,  and  the  doing  of  many  other 
 outrages,    to  the  utter   infringing   the  laws   of  the   realm 
 and  the  subjects'  liberties,  and  ruining  of  them  and  their 
 families ;  and  of  later  time  the  judges  of  the  land  are  so 
 awed  with  the  power  and  greatness  of  the  prelates,  and 
 other    ways   promoted,    that    neither    prohibition,    Habeas 
 Corpus,  nor  any  other  lawful  remedy  can  be  had,  or  take 
 place,    for   the   distressed    subjects    in   most   cases ;    only 
 papists,    Jesuits,    priests,    and    such    others    as    propagate 
 with  these  popery   or   Arminianism,    are   countenanced,    spared,    and 
 conse-    ^    |_^^^^   much    liberty ;    and   from   hence   followed   amongst 
 
 others  these  dangerous  consequences  : — 
 
 I.  Roman-      i.  The  general  hope   and  expectation    of  the   Romish 
 
 excited!      P^^'^y)  that  their  superstitious  religion  will  ere  long  be  fully 
 
 planted  in  this  kingdom  again,  and  so  they  are  encouraged 
 
 to  persist  therein,  and  to  practise  the  same  openly  in  divers 
 
 places,  to  the  high  dishonour  of  God,  and  contrary  to  the 
 
 laws  of  the  realm. 
 
 2  Volun-        2.  The  discouragement  and  destruction  of  all  good  sub- 
 
 ofwoollen  J^^^^j  ^^  whom  are  multitudes,  both  clothiers,  merchants, 
 
 and  other   and  Others,   who  being   deprived   of  their  ministers,   and 
 
 turers^^"     overburthened   with    these    pressures,    have   departed   the 
 
 kingdom  to  Holland,  and  other  parts,  and  have  drawn  with 
 
 them  a  great  manufacture  of  cloth  and  trading  out  of  the 
 
war. 
 
 xcviii]     HISTORY  OF  THE  ENGLISH  CHURCH  545 
 
 land  into  other  places  where  they  reside,  whereby  wool,  1640. 
 the  great  staple  of  the  kingdom,  is  become  of  small  value, 
 and  vends  not ;  trading  is  decayed,  many  poor  people  want 
 work,  seamen  lose  employment,  and  the  whole  land  is 
 much  impoverished,  to  the  great  dishonour  of  this  kingdom 
 and  blemishment  to  the  government  thereof. 
 
 3.  The  present  wars  and  commotions  happened  between  3-  The 
 his   majesty   and   his   subjects    of    Scotland,    wherein   his  thepresent 
 majesty  and  all  his  kingdoms  are  endangered,  and  suffer  Scotch 
 greatly,  and  are  like  to  become  a  prey  to  the  common 
 enemy  in  case  the  wars  go  on,  which  we  exceedingly  fear 
 will  not  only  go  on,  but  also  increase  to  an  utter  ruin  of  all, 
 unless  the  prelates  with  their  dependencies  be  removed  out 
 of  England,  and  also  they  and  their  practices,  who,  as  we 
 under  your  honour's  favours,  do  verily  believe  and  conceive 
 have  occasioned  the  quarrel. 
 
 All  which  we  humbly  refer  to  the"  consideration  of  this 
 honourable  assembly,  desiring  the  Lord  of  heaven  to  direct 
 you  in  the  right  way  to  redress  all  these  evils. 
 
 XCVIII. 
 
 THE  PROTESTATION  OF  a.  d.  1641. 
 
 The  Protestation  was  the  outcome  of  Pym's  proposed  appeal  to  1641. 
 the  country  during  the  suspense  connected  with  the  proceedings  for 
 the  attainder  of  Strafford.  It  was  drawn  up  by  a  committee  of  the 
 House,  May  3,  1641,  and  after  some  debate  was  accepted  by  the 
 House,  and  a  preamble  was  added.  Next  day  all  the  Protestant 
 Lords  took  it. 
 
 [Transcr.  Journals  of  the  House  of  Commons^  ii.  p.  132.] 
 
 We  the  knights,  citizens,  and  burgesses  of  the  Commons  By  reason 
 
 House  in  Parliament,  finding  to  the  srrief  of  our  hearts,  that  °      °/?^^^ 
 '  °  °  '  assertion 
 
 the  designs  of  the  priests  and  Jesuits,  and  other  adherents 
 to  the  See  of  Rome,  have  [been]  of  late  more  boldly  and 
 
 N  n 
 
546  DOCUMENTS  ILLUSTRATIVE   OF  THE     [xcviii 
 
 1641.      frequently  put   in   practice   than   formerly,   to   the  under- 
 mining and  danger  of  the  ruin  of  the  true  reformed  reli- 
 gion in  his  majesty's  dominions  established;  and  finding 
 also  that  there   hath  been,   and  having  cause  to  suspect 
 there    still    are,    even    during    the    sitting   in    Parliament, 
 endeavours  to  subvert  the  fundamental  laws  of  England 
 and   Ireland,   and   to   introduce  the   exercise  of  an   arbi- 
 trary and  tyrannical  government  by  most  pernicious  and 
 and  the       wicked   counsels,   plots,    and   conspiracies ;    and   that   the 
 exaSons°  ^^"S   intermission   and   unhappier   breach    of  Parliaments 
 and  hath  occasioned  many  illegal  taxations,  whereupon  the  sub- 
 
 innovation  J^^ts  have  been  prosecuted  and  grieved;  and  that  divers 
 and  innovations  and  superstitions  have  been  brought  into  the 
 
 tyianny,     (^i^^^^^l^^  multitudes  driven  out  of  his  majesty's  dominions, 
 jealousies    raised    and    fomented    between    the    king    and 
 people;  a  popish  army  levied  in  Ireland,  and  two  armies 
 brought  into  the  bowels  of  this  kingdom,  to  the  hazard  of 
 his  majesty's  royal  person,  the  consumption  of  the  revenue 
 of  the  Crown  and  the  treasure  of  this  realm ;   and  lastly 
 finding  the  great  causes  of  jealousy,  endeavours  have  been, 
 and  are  used,  to  bring  the  English  army  into  misunder- 
 the  Com-    standing  of  this  Parliament,  thereby  to  incline  that  army 
 •n°thls^^^^^  by  force  to  bring  to  pass   those  wicked    counsels ;   have 
 declaration  therefore  thought  good  to  join  ourselves  in  a  declaration 
 an    pro-     ^^  ^^^  united  affections  and  resolutions,  and  to  make  this 
 
 testation,  ' 
 
 ensuing  Protestation : 
 
 in  defence       I,  A.  B.,  do,  in  the  presence  of  God,  promise,  vow,  and 
 Protestant  pj'otest  to  maintain  and  defend,  as  far  as  lawfully  I  may 
 religion,      with   my  life,   power,  and  estate,   the  true  reformed  Pro- 
 testant religion  expressed  in  the  doctrine  of  the  Church  of 
 the  king's    England,  against  all  popery  and  popish  innovations,  and 
 person  and  ^^^Qj.^-j^g  to  the  duty  of  my  allegiance  to  his   majesty's 
 royal  person,  honour  and  estate ;   as  also  the  power  and 
 privilege  of  Parliament,  the  lawful  rights  and  liberties  of  the 
 subjects,  and  every  person  that   maketh  this  Protestation 
 
xcix]      HISTORY  OF  THE  ENGLISH  CHURCH  547 
 
 in  whatsoever  he  shall  do,  in  the  lawful  pursuance  of  the      1641. 
 same;   and  to  my  power,  as  far  as  lawfully  I  may,  I  will 
 oppose,  and  by  good  ways  and  means  endeavour  to  bring  the  rights 
 to  condign  punishment  all  such  as  shall  by  force,  practice,  ^gnTand 
 counsel,  plots,   conspiracies   or  otherwise,  do  anything  to  subject, 
 the  contrary  in  this  present  Protestation  contained.     And 
 further,  I  shall,  in  all  just  and  honourable  ways,  endeavour 
 to  preserve  the  union  and  peace  betwixt  the  three  kingdoms  and  the 
 of  England,  Scotland,  and  Ireland,  and  neither  for  hope,  p^^^e^ 
 fear,  nor  any  other  respect^  shall  relinquish  this  promise, 
 vow,  and  protestation. 
 
 XCIX. 
 
 ACT   FOR   THE   ABOLITION   OF   THE   COURT 
 OF   HIGH   COMMISSION,    a.d.  1641. 
 
 17  Car.  1.  cap.   11. 
 
 The  Court  of  High  Commission  had  been  erected  by  the  Supremacy  1641. 
 Act  of  Queen  Ehzabeth  {ante,  No.  LXXIX).  Further  legislation  had 
 been  passed  concerning  it  in  1583.  Its  powers  had  been  freely 
 exercised  between  1629  and  1640,  and  had  excited  much  hostility. 
 Accordingly  in  June,  1641,  a  bill  was  introduced  for  its  abolition,  and 
 another  for  the  abolition  of  the  Court  of  Star  Chamber.  These  bills 
 were  read  a  third  time,  June  8,  without  a  division.  The  king  even- 
 tually gave  his  consent  to  both  bills  July  5,  164 1.  The  Court  of  High 
 Commission  was  revived  for  a  short  time  under  James  II. 
 
 [Transcr.  Scobell's  Acts  and  Ordinances  of  Parliament,  1640-1656, 
 p.  12.] 
 
 Whereas  in  the  Parliament  holden  in  the  first  year  of  Recital  of 
 the  reign  of  the  late  Queen  Elizabeth,  late  Queen  of  Eng-  ^  ^j^^  ^" 
 land,  there  was  an  Act  made  and  established,  entitled  '  An  cap.  i, 
 Act  restoring  to  the  Crown  the  ancient  jurisdiction  over  the  fn^^court 
 State  ecclesiastical  and  spiritual,'  and  abolishing  all  foreign  of  High 
 power   repugnant   to   the   same ;    in  which   Act,  amongst  ^^^^^^' 
 other  things,  there  is  contained  one  clause^  branch,  article, 
 
 N  n  2 
 
.8  DOCUMENTS  ILLUSTRATIVE  OF  THE     [xcix 
 
 1641.  or  sentence  whereby  it  was  enacted  to  this  effect :  namely, 
 that  the  said  late  queen's  highness,  her  heirs  and  successors, 
 kings  or  queens  of  this  realm,  should  have  full  power  and 
 authority  by  virtue  of  that  Act,  by  letters  patent  under  the 
 great  seal  of  England,  to  assign,  name,  and  authorize,  when 
 and  as  often  as  her  highness,  her  heirs  or  successors, 
 should  think  meet  and  convenient,  and  for  such  and  so 
 long  time  as  should  please  her  highness,  her  heirs  or  suc- 
 cessors, such  person  or  persons,  being  natural  born  subjects 
 to  her  highness,  her  heirs  or  successors,  as  her  majesty,  her 
 heirs  or  successors,  should  think  meet  to  exercise,  use, 
 occupy,  and  execute  under  her  highness,  her  heirs  and 
 successors,  all  manner  of  jurisdictions,  privileges,  and  pre- 
 eminence in  any  wise  touching  or  concerning  any  spiritual 
 or  ecclesiastical  jurisdiction  within  these  her  realms  of 
 England  and  Ireland,  or  any  other  her  highness's  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  spiritual  or  ecclesiastical  power,  authority,  or 
 jurisdiction,  can  or  may  lawfully  be  reformed,  ordered, 
 redressed,  corrected,  restrained,  or  amended,  to  the  pleasure 
 of  Almighty  God,  the  increase  of  virtue,  and  the  conserva- 
 tion of  the  peace  and  unity  of  this  realm.  And  that  such 
 person  or  persons  so  to  be  named,  assigned,  authorized, 
 and  appointed  by  her  highness,  her  heirs  or  successors,  after 
 the  said  letters  patent  to  him  or  them  made  and  delivered 
 as  aforesaid,  should  have  full  power  and  authority,  by  virtue 
 of  that  Act  and  of  the  said  letters  patent,  under  her  high- 
 ness, her  heirs  or  successors,  to  exercise,  use,  and  execute 
 all  the  premises,  according  to  the  tenor  and  effect  of  the 
 said  letters  patent,  any  matter  or  cause  to  the  contrary  in 
 any  wise  notwithstanding ;  and  whereas  by  colour  of  some 
 words  in  the  foresaid  branch  of  the  said  Act,  whereby  com- 
 missioners  are   authorized   to   execute    their    commission 
 
xcix]     HISTORY  OF  THE  ENGLISH  CHURCH  549 
 
 according  to  the  tenor  and  effect  of  the  king's  letters  1641. 
 patent,  and  by  letters  patent  grounded  thereupon,  the  said 
 commissioners  have,  to  the  great  and  insufferable  wrong 
 and  oppression  of  the  king's  subjects,  used  to  fine  and 
 imprison  them,  and  to  exercise  other  authority  not  belong- 
 ing to  ecclesiastical  jurisdiction  restored  by  that  Act,  and 
 divers  other  great  mischiefs  and  inconveniences  have  also 
 ensued  to  the  king's  subjects  by  occasion  of  the  said  branch 
 and  commissions  issued  thereupon,  and  the  executions 
 thereof : 
 
 Therefore,    for   the    repressing    and    preventing   of  the  The  said 
 
 foresaid  abuses,  mischiefs,  and  inconveniences  in  time  to  ^^^"^^   , 
 1       •  -I    1        1       1  •  repealed, 
 
 come,  be  it  enacted  by  the  kmg's  most  excellent  majesty, 
 
 and  the  lords  and  commons  in  this  present  Parliament 
 assembled,  and  by  the  authority  of  the  same,  that  the  fore- 
 said branch,  clause,  article  or  sentence  contained  in  the 
 said  Act,  and  every  word,  matter,  and  thing  contained  in 
 that  branch,  clause,  article,  or  sentence,  shall  from  hence- 
 forth be  repealed,  annulled,  revoked,  annihilated,  and  utterly 
 made  void  for  ever ;  anything  in  the  said  Act  to  the  con- 
 trary in  any  wise  notwithstanding. 
 
 And  be  it  also  enacted  by  the  authority  aforesaid,  that  Power  of 
 no  archbishop,  bishop,  nor  vicar  general,  nor  any  chan-  annuHed 
 cellor,  official,  nor  commissary  of  any  archbishop,  bishop, 
 or  vicar  general,  nor  any  ordinary  whatsoever,  nor  any  other 
 spiritual  or  ecclesiastical  judge,  officer,  or  minister  of  justice, 
 nor  any  other  person  or  persons  whatsoever  exercising 
 spiritual  or  ecclesiastical  power,  authority  or  jurisdiction 
 by  any  grant,  licence,  or  commission  of  the  king's  majesty, 
 his  heirs  or  successors,  or  by  any  power  or  authority 
 derived  from  the  king,  his  heirs  or  successors,  or  otherwise, 
 shall  from  and  after  the  first  day  of  August,  which  shall  be 
 in  the  year  of  our  Lord  God  1641,  award,  impose,  or  inflict 
 any  pain,  penalty,  fine,  amercement,  imprisonment,  or  other 
 corporal  punishment  upon  any  of  the  king's  subjects  for  any 
 
550 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [xcix 
 
 1641. 
 
 Penalty 
 for  breach 
 of  this 
 statute. 
 
 Offenders 
 convicted 
 disabled 
 for  any 
 office  or 
 employ- 
 ment. 
 
 No  new 
 court  with 
 like 
 
 powers  to 
 be  erected. 
 
 contempt,  misdemeanour,  crime,  ofTence,  matter,  or  thing 
 whatsoever  belonging  to  spiritual  or  ecclesiastical  cognizance 
 or  jurisdiction,  or  shall  ex  officio,  or  at  the  instance  or 
 promotion  of  any  other  person  whatsoever,  urge,  enforce, 
 tender,  give  or  minister  unto  any  churchwarden,  sidesman, 
 or  other  person  whatsoever,  any  corporal  oath,  whereby  he 
 or  she  shall  or  may  be  charged  or  obliged  to  make  any 
 presentment  of  any  crime  or  offence,  or  to  confess  or  to 
 accuse  him  or  herself  of  any  crime,  offence,  delinquency  or 
 misdemeanour,  or  any  neglect,  matter,  or  thing  whereby, 
 or  by  reason  whereof,  he  or  she  shall  or  may  be  liable  or 
 exposed  to  any  censure,  pain,  penalty,  or  punishment  what- 
 soever, upon  pain  and  penalty  that  every  person  who  shall 
 offend  contrary  to  this  statute  shall  forfeit  and  pay  treble 
 damages  to  every  person  thereby  grieved,  and  the  sum  of 
 £ioo  to  him  or  them  who  shall  first  demand  and  sue  for  the 
 same;  which  said  treble  damages  and  sum  of  £ioo  shall 
 and  may  be  demanded  and  recovered  by  action  of  debt, 
 bill,  or  plaint,  in  any  court  of  record  wherein  no  privilege, 
 essoin,  protection,  or  wager  of  law  shall  be  admitted  or 
 allowed  to  the  defendant. 
 
 And  be  it  further  enacted,  that  every  person  who  shall 
 be  once  convicted  of  any  act  or  offence,  prohibited  by 
 this  statute,  shall  for  such  act  or  offence  be  from  and  after 
 such  conviction  utterly  disabled  to  be  or  continue  in  any 
 office  or  employment  in  any  court  of  justice  whatsoever,  or 
 to  exercise  or  execute  any  power,  authority,  or  jurisdiction, 
 by  force  of  any  commission  or  letters  patent  of  the  king, 
 his  heirs  or  successors. 
 
 And  be  it  further  enacted,  that  from  and  after  the 
 said  first  day  of  August,  no  new  court  shall  be  erected, 
 ordained,  or  appointed  within  this  realm  of  England  or 
 dominion  of  Wales,  which  shall  or  may  have  the  like  power, 
 jurisdiction,  or  authority  as  the  said  High  Commission  Court 
 now  has  or  pretends  to  have ;  but  that  all  and  every  such 
 
c]       HISTORY  OF  THE  ENGLISH  CHURCH  551 
 
 letters  patent,  commissions,  and  grants  made  or  to  be  made  ^^^^• 
 by  his  majesty,  his  heirs  or  successors,  and  all  powers  and 
 authorities  granted,  or  pretended,  or  mentioned  to  be 
 granted  thereby,  and  all  acts,  sentences,  and  decrees,  to  be 
 made  by  virtue  or  colour  thereof,  shall  be  utterly  void  and 
 of  none  effect. 
 
 c. 
 
 RESOLUTIONS   OF   THE   HOUSE  OF   COMMONS 
 ON  ECCLESIASTICAL  INNOVATIONS,  a.  d.  1641. 
 
 These  resolutions  were  brought  in  Sept,  i,  164 1,  a  week  before       1641. 
 the  adjournment  of  Parliament.     After  a  debate  in   the  Lords  the 
 resolutions  were  published  by  the  Commons,  together  with  the  order 
 concerning  services  given  below,  which  order  the  Lords  passed  on 
 their  own  authority,  ignoring  the  resolutions. 
 
 [Transcr.  Journals  of  the  House  of  Commons,  ii.  p.  279.] 
 
 Whereas  divers  innovations  in  or  about  the  worship  of  To  correct 
 God  have  been  lately  practised  in  this  kingdom,  by  enjoin-  ^^'^^"f  ^"' 
 ing  some  things  and  prohibiting  others,  without  warrant  of 
 law,  to  the  great  grievance  and  discontent  of  his  majesty's 
 subjects ;  for  the  suppression  of  such  innovations,  and  for 
 preservation  of  the  public  peace,  it  is  this  day  ordered  by 
 the  Commons  in  Parliament  assembled  : 
 
 That   the   churchwardens  of  every   parish   church    and  the  Com- 
 chapel  respectively  do  forthwith  remove  the  Communion  1"^^^°", 
 
 tSDlC  JS  to 
 
 table  from  the  east  end  of  the  church,  chapel,  or  chancel  be  moved, 
 
 into  some  other  convenient  place  :  and  that  they  take  away  ^^^^^  taken 
 
 ^  '  •'  -^  away,  and 
 
 the  rails,  and  level  the  chancels  as  heretofore  they  were  chancel 
 before  the  late  innovations.  levelled  ; 
 
 That  all  crucifixes,   scandalous  pictures  of  any  one  or  crucifixes, 
 more  persons  of  the  Trinity,  and  all  images  of  the  Virgin  ?*^'"^^^j' 
 
 Mary  shall   be   taken   away   and   abolished,  and  that  all  taken 
 
 away; 
 
.•^o- 
 
 DOCUMENTS   ILLUSTRATIVE   OF   THE       [c 
 
 1641.      tapers,  candlesticks,  and  basins  be  removed  from  the  Com- 
 munion table, 
 bowing  That  all  corporal  bowing  at  the  name  of  Jesus,  or  towards 
 
 and  turn-    ^^^  ^^^^  ^^^  ^^  ^^^  church,  chapel,  or  chancel,  or  towards 
 
 ing  to  the  J  I.      I  1 
 
 east  to  be    the  Communion  table  be  henceforth  forborne. 
 
 forborne;        That  the  orders  aforesaid  be  observed  in  all  the  several 
 
 and  this 
 
 even  in       cathedral  churches  of  this  kingdom,  and  all  the  collegiate 
 privileged   (.^m-ches  or  chapels  in  the  two  Universities,  or  any  other 
 
 churches  ;  ^  '  -^ 
 
 part  of  the  kingdom,  and  in  the  Temple  Church  and  the 
 
 chapels  of  the  other  Inns  of  Court,  by  the  deans  of  the  said 
 
 cathedral  churches,  by   the  Vice-Chancellors  of    the  said 
 
 Universities,  and  by  the  heads  and  governors  of  the  several 
 
 colleges    and   halls   aforesaid,    and   by  the   benchers   and 
 
 readers  in  the  said  Inns  of  Court  respectively. 
 
 the  Lord's       That  the  Lord's  Day  shall  be  duly  observed  and  sancti- 
 
 observed  •  ^^d )    "^   dancing  or   other  sports,  either  before  or  after 
 
 divine  service,   be   forborne  and  restrained,  and  that  the 
 
 preaching  of  God's  word  be  permitted  in  the  afternoon  in 
 
 the  several  churches  and  chapels  of  this   kingdom  ;  and 
 
 that  ministers  and  preachers  be  encouraged  thereunto. 
 
 observ-  That  the  Vice-Chancellors  of  the  Universities,  heads  and 
 
 ance  of  all  governors  of  colleges,  all  parsons,  vicars,  [and]  churchwardens 
 
 mises  to  be  do  make  certificates  of  the  performance  of  these  orders ; 
 
 certified,     ^j^^j  jf  ^^  same  shall  not  be  observed  in  any  of  the  places 
 
 aforementioned,  upon  complaint  thereof  made  to  the  two 
 
 next  justices  of  peace,  mayor,  or  head  officers  of  cities  or 
 
 towns  corporate,  it  is  ordered  that  the  said  justices,  mayor, 
 
 or  other  head  officer  respectively,  shall  examine  the  truth 
 
 of  all  such  complaints,  and  certify  by  whose  default  the 
 
 same   are   committed  ;    all    which    certificates    are   to   be 
 
 delivered   in   Parliament   before   the  thirtieth  of  October 
 
 next. 
 
 This  order  wras  presented  from  the  committee  appointed  to  that 
 purpose,  and  put  to  the  question  and  assented  unto. 
 
cii]      HISTORY  OF  THE  ENGLISH  CHURCH  553 
 
 CI. 
 
 ORDER  OF  THE  LORDS  CONCERNING  THE 
 SERVICES  OF  THE  CHURCH,  a.  d.   1641. 
 
 [Transcr.  Journals  of  the  House  of  Lords,  iv.  p.  134.] 
 
 The  Commons  conferred  with  the  Lords  on  Sept.  8  about  the  1G41. 
 foregoing  resolutions,  asking  them  to  consent  thereto  and  join  in 
 pubhshing  them.  No  answer  was  returned  by  the  Lords,  who  next 
 day,  when  Parhament  was  adjourning,  pubHshed,  independently  of 
 the  Commons,  an  order  concerning  services  which  had  been  origin- 
 ally drafted  on  Jan.  16.  This  they  now  directed  to  be  published. 
 The  Commons  retaliated  by  publishing  the  order  and  the  resolutions 
 together.     The  Lords'  order  is  printed  below. 
 
 That  the  divine  service  be  performed  as  it  is  appointed 
 by  the  Acts  of  Parliament  of  this  reahii ;  and  that  all  such 
 as  shall  disturb  that  wholesome  order  shall  be  severely 
 punished  according  to  law ;  and  that  the  parsons,  vicars, 
 and  curates  in  [their]  several  parishes  shall  forbear  to  intro- 
 duce any  rites  or  ceremonials  that  may  give' offence,  other- 
 wise than  those  which  are  established  by  the  laws  of  the 
 land. 
 
 CII. 
 
 SELECTIONS   FROM  THE  PETITION   AND  THE 
 GRAND  REMONSTRANCE,  a.  d.   1641. 
 
 A  REMONSTRANCE  On  the  State  of  the  kingdom  was  frequently  pro-  1641. 
 posed  in  the  early  months  of  1641,  but  nothing  was  done.  It  was 
 eventually  drawn  up,  and  read  in  the  Commons  Nov.  8.  On  the  15th 
 and  i6th  it  finally  passed  through  committee  with  slight  modification, 
 and  eventually,  on  Nov.  22,  passed  by  a  majority  of  11.  It  was 
 presented  to  the  king  Dec.  i. 
 
 [Kusnworth,  Hist.  Coll.  iv.  438,  ed.  1721.] 
 
 [Part  of  the  Petition.] 
 
 Your  most  humble  and  faithful    subjects   do,    with   all  Petition 
 
 faithfulness  and  humility,  beseech  your  majesty —  ^°'"  ^^' 
 
 ■'  ■'      ''  straint  of 
 
554  DOCUMENTS  ILLUSTRATIVE  OF  THE     [cii 
 
 1641.  I.  That  you  will  be  graciously  pleased  to  concur  with  the 
 
 bishops'  humble  desires  of  your  people  in  a  parliamentary  way,  for 
 power  and    ,  .,  jrrii-ir  i 
 
 tyranny,     the  preservmg  the  peace  and  safety  of  the  kmgdom  irom  the 
 
 malicious  designs  of  the  Popish  party : — 
 
 For  depriving  the  bishops  of  their  votes  in  Parliament, 
 and  abridging  their  immoderate  power  usurped  over  the 
 clergy,  and  other  your  good  subjects,  which  they  have 
 perniciously  abused  to  the  hazard  of  religion,  and  great 
 prejudice  and  oppression  of  the  laws  of  the  kingdom,  and 
 just  liberty  of  your  people. 
 
 For  the  taking  away  such  oppressions  in  religion,  Church 
 
 government  and  discipline,  as  have  been  brought  in  and 
 
 fomented  by  them. 
 
 and  for  For  Uniting  all  such  your  loyal  subjects  together  as  join 
 
 unn^eces?    ^"  ^^^  Same   fundamental   truths   against   the  Papists,  by 
 
 sary  cere-  removing    some  oppressions  and   unnecessary  ceremonies 
 
 monies,      -^^  which  divers  weak  consciences  have  been  scrupled^  and 
 
 seem  to  be  divided  from  the  rest,  and  for  the  due  execution 
 
 of  those  good  laws  which  have  been  made  for  securing  the 
 
 liberty  of  your  subjects.         ...... 
 
 [The  Grand  Remonstrance.] 
 
 The  Com-  The  Commons  in  this  present  Parliament  assembled, 
 mons  find   having  with  much  earnestness  and  faithfulness  of  affection 
 
 that,  de-  ° 
 
 spite  their  and  zeal  to  the  public  good  of  this  kingdom,  and  his 
 tif°^^^hr^  majesty's  honour  and  service  for  the  space  of  twelve 
 good,  months,  wrestled  with  great  dangers  and  fears,  the  press- 
 
 much  op-    jj^CT   miseries   and   calamities,   the  various  distempers  and 
 
 position  .  . 
 
 and  asper-  disorders  which  had  not  only  assaulted,  but  even  over- 
 sion  con-  whelmed  and  extinguished  the  liberty,  peace,  and  prosperity 
 of  this  kingdom,  the  comfort  and  hopes  of  all  his  majesty's 
 good  subjects,  and  exceedingly  weakened  and  undermined 
 the  foundation  and  strength  of  his  own  royal  throne,  do  yet 
 find  an  abounding  malignity  and  opposition  in  those  parties 
 and  factions  who  have  been  the  cause  of  those  evils,  and  do 
 
cii]      HISTORY  OF  THE  ENGLISH  CHURCH  555 
 
 still  labour  to  cast  aspersions  upon  that  which  hath  been  1641. 
 done,  and  to  raise  many  difficulties  for  the  hindrance  of 
 that  which  remains  yet  undone,  and  to  foment  jealousies 
 betwixt  the  king  and  Parliament,  that  so  they  may  deprive 
 him  and  his  people  of  the  fruit  of  his  own  gracious  inten- 
 tions, and  their  humble  desires  of  procuring  the  public 
 peace,  safety  and  happiness  of  this  realm. 
 
 For  the  preventing  of  those  miserable  effects  which  such  They 
 malicious  endeavours  may  produce,  we  have  thought  good  ^^j.  ^^^.^j^ 
 to  declare  the  root  and  the  growth  of  these  mischievous  the  cause 
 designs  :    the   maturity  and  ripeness  to  which  they  have  g^ess^ot' 
 attained   before    the    beginning    of    the    Parliament :    the  such  evils 
 effectual  means  which  have  been  used  for  the  extirpation  J^^^  ^^^ 
 of  those  dangerous  evils,  and  the  progress  which  hath  therein  suggest 
 been  made  by  his  majesty's  goodness,  and  the  wisdom  of  5^^^^.^"^  ^^ 
 the  Parliament :  the  ways  of  obstruction  and  opposition  by  future, 
 which  that  progress  hath  been  interrupted :  the  courses  to 
 be  taken  for  the  removing  those  obstacles,    and   for   the 
 accomphshing  of  our  most  dutiful  and  faithful  intentions 
 and  endeavours  of  restoring  and  establishing  the  ancient 
 honour,  greatness  and  security  of  this  crown  and  nation. 
 
 The  root  of  all  this  mischief  we  find  to  be  a  malignant  The 
 and  pernicious  design  of  subverting  the  fundamental  laws  various 
 
 ■^  °  °  ,    ,  agencies 
 
 and  principles  of  government,  upon  which  the  religion  and  employed 
 justice  of  this  kingdom  are  firmly  estabhshed.     The  actors  have  been: 
 and  promoters  hereof  have  been  : — 
 
 1.  The   Jesuited    Papists,    who   hate   the   laws,    as   the  i.'Jesuited 
 obstacles  of  that  change  and  subversion  of  religion  which    ^^^^  ^   ' 
 they  so  much  long  for. 
 
 2.  The  bishops,  and  the  corrupt  part  of  the  clergy,  who  2.  Bishops 
 cherish  formality  and  superstition  as  the  natural  effects  and  ^1"  j.g.„ . 
 more  probable  supports  of  their  own  ecclesiastical  tyranny 
 
 and  usurpation. 
 
 3.  Such  councillors  and  courtiers  as  for  private  ends  have  3-  Unpa- 
 engaged  themselves  to  further  the  interests  of  some  foreign  statesmen. 
 
556  DOCUMENTS  ILLUSTRATIVE  OF  THE     [cii 
 
 1641.      princes  or  states  to  the  prejudice  of  his  majesty  and  the 
 
 State  at  home. 
 Their  The   common    principles   by  which   they  moulded  and 
 
 haTe^been  •  governed   all   their   particular   counsels  and   actions  were 
 
 these : — 
 
 1.  Foment-  First,  to  maintain  continual  differences  and  discontents 
 erK:es-^^'  ^^^^^een  the  king  and  the  people,  upon  questions  of  pre- 
 rogative and  liberty,  that  so  they  might  have  the  advantage 
 of  siding  with  him,  and  under  the  notions  of  men  addicted 
 to  his  service,  gain  to  themselves  and  their  parties  the  places 
 of  greatest  trust  and  power  in  the  kingdom. 
 
 2.  Corrupt-      A  second,  to  suppress  the  purity  and  power  of  religion, 
 eio/-^  ^"      ^^^  ?>Mch.  persons  as  were  best  affected  to  it,  as  being  contrary 
 
 to  their  own   ends,  and  the  greatest  impediment  to  that 
 change  which  they  thought  to  introduce. 
 
 3.  Inciting       A  third,  to  conjoin  those  parties  of  the  kingdom  which 
 
 ■  were  most  propitious  to  their  own  ends,  and  to  divide  those 
 who  were  most  opposite,  which  consisted  in  many  particular 
 observations.  To  cherish  the  Arminian  part  in  those  points 
 wherein  they  agree  with  the  Papists,  to  multiply  and  enlarge 
 the  difference  between  the  common  Protestants  and  those 
 whom  they  call  Puritans,  to  introduce  and  countenance 
 such  opinions  and  ceremonies  as  are  fittest  for  accom- 
 modation with  popery  to  increase  and  maintain  ignorance, 
 looseness  and  profaneness  in  the  people ;  that  of  those 
 three  parties.  Papists,  Arminians,  and  Libertines,  they  might 
 compose  a  body  fit  to  act  such  counsels  and  resolutions  as 
 were  most  conducible  to  their  own  ends. 
 4  En-  A  fourth,  to  disaffect  the  king  to  Parliaments  by  slanders 
 
 dcavour-     ^j^^^  i2i\s&  imputations,  and  by  putting  him  upon  other  ways 
 inhuence     of  Supply,  which  in   show  and  appearance  were  fuller  of 
 the  king,    advantage  than  the  ordinary  course  of  subsidies,  though  in 
 truth  they  brought  more  loss  than  gain  both  to  the  king  and 
 people,  and  have  caused  the  great  distractions  under  which 
 we  both  suffer. 
 
cii]      HISTORY  OF  THE  ENGLISH  CHURCH  557 
 
 As  in  all  compounded  bodies  the  operations  are  qualified      1641. 
 according  to  the  predominant  element,  so   in   this  mixed  Wherein 
 party,  the  Jesuited  counsels,  being  most  active  and  prevailing,  manists 
 may  easily  be  discovered  to  have  had  the  greatest  sway  in  all  have  been 
 their  determinations,  and  if  they  be  not  prevented,  are  likely  conspicu- 
 to  devour  the  rest,  or  to  turn  them  into  their  own  nature.  ous,having 
 
 recently 
 
 In  the  beginning  of  his  majesty's  reign  the  party  began  to  increased. 
 revive  and  flourish  again,  having  been  somewhat  damped 
 by  the  breach  with  Spain  in  the  last  year  of  King  James, 
 and  by  his  majesty's  marriage  with  France;  the  interests 
 and  counsels  of  that  State  being  not  so  contrary  to  the 
 good  of  religion  and  the  prosperity  of  this  kingdom  as 
 those  of  Spain ;  and  the  Papists  of  England,  having  been 
 ever  more  addicted  to  Spain  than  France,  yet  they  still 
 retained  a  purpose  and  resolution  to  weaken  the  Protestant 
 parties  in  all  parts,  and  even  in  France,  whereby  to  make 
 way  for  the  change  of  religion  which  they  intended  at 
 home. 
 
 [A  selection  from  the  various  articles  follows.] 
 
 51.  The  bishops  and  the  rest  of  the  clergy  did  triumph  Tyranny 
 in    the   suspensions,   excommunications,   deprivations,   and  ^^^l  ^ 
 degradations  of  divers  painful,  learned,  and  pious  ministers,  ministers, 
 in  the  vexation  and  grievous  oppressions  of  great  numbers 
 
 of  his  majesty's  good  subjects. 
 
 52.  The  High  Commission  grew  to  such  excess  of  sharp-  Cruelty  of 
 
 ness  and  severity  as  was  not  much  less  than  the  Romish  H.'g^^o"^- 
 •'  ^  mission 
 
 Inquisition,   and   yet  in  many  cases   by  the  archbishop's  Court, 
 power   was   made   much  more   heavy,  being  assisted  and 
 strengthened  by  authority  of  the  council  table. 
 
 53.  The  bishops  and  their  courts  were  as  eager  in  the  Rigour  of 
 country,   although   their  jurisdiction    could   not   reach    so     J|J.J^ 
 high   in   rigour   and   extremity   of    punishment,    yet   were 
 
 they   no   less   grievous   in  respect   of  the   generality   and 
 multiplicity  of  vexations,  which  lighting  upon  the  meaner 
 
558  DOCUMENTS  ILLUSTRATIVE  OF  THE     [cii 
 
 1641.      sort    of  tradesmen   and   artificers    did    impoverish   many 
 
 thousands, 
 
 Conse-  54.  And  SO  afflict  and  trouble  others,  that  great  numbers, 
 
 ^.^f"*^  to  avoid  their  miseries,  departed  out  of  the  kingdom,  some 
 
 exile,  into  New  England  and  other  parts  of  America,  others  into 
 
 Holland, 
 
 and  injury       55.  Where  they  have  transported  their  manufactures  of 
 
 to  trade,     ^loth,  which  is  not  only  a  loss  by  diminishing  the  present 
 
 stock  of  the  kingdom,  but  a  great  mischief  by  impairing  and 
 
 endangering  the  loss  of  that  particular  trade  of  clothing, 
 
 which  hath  been  a  plentiful  fountain  of  wealth  and  honour 
 
 to  this  nation. 
 
 Unfit  56.  Those  were  fittest  for  ecclesiastical  preferment,  and 
 
 persons      soonest  obtained  it,  who  were  most  officious  in  promoting 
 preferred.  ^  ...  , 
 
 superstition,  most  virulent  in  railing  against  godliness  and 
 
 honesty. 
 Absolutist       57.  The  most   public   and   solemn  sermons  before  his 
 
 majesty  were  either  to  advance  prerogative  above  law,  and 
 
 decry  the  property  of  the  subject,  or  full  of  such  kind  of 
 
 invectives ; 
 Good  ma-        58.  Whereby  they  might  make  those  odious  who  sought 
 
 gistrates     ^^  maintain  the  religion,  laws,  and  liberties  of  the  kingdom, 
 silenced.  o       ?  j  o 
 
 And  such  men  were  sure  to  be  weeded  out  of  the  com- 
 mission of  the  peace,  and  out  of  all  other  employments  of 
 power  in  the  government  of  the  country. 
 Free  59.  Many  noble  personages  were  councillors  in  name, 
 
 fr^o-tln  ^^^  ^^^  power  and  authority  remained  in  a  few  of  such  as 
 were  most  addicted  to  this  party,  whose  resolutions  and 
 determinations  were  brought  to  the  table  for  countenance 
 and  execution,  and  not  for  debate  and  deliberation,  and 
 no  man  could  offer  to  oppose  them  without  disgrace  and 
 hazard  to  himself. 
 Oppo-  60.  Nay,  all  those  that  did  not  wholly  concur  and  actively 
 
 counte-^^'   contribute  to  the  furtherance  of  their  designs,  though  other- 
 nanced.      wise  persons  of  never  so  great  honour  and  abilities,  were  so 
 
 sermons 
 preached. 
 
cii]      HISTORY  OF  THE  ENGLISH  CHURCH  559 
 
 far  from  being  employed  in  any  place  of  trust  and  power,      1641. 
 that  they  were   neglected,  discountenanced,  and  upon  all 
 occasions  injured  and  oppressed. 
 
 61-64.  This  faction  was  grown  to  that  height  and  entire-  Further 
 ness  of  power,  that  now  they  began  to  think  of  finishing  y"^^."^  still 
 their  work,  which  consisted  of  these  three  parts  : — 
 
 (i).  The  Government  must  be  set  free  from  all  restraint 
 of  laws  concerning  our  persons  and  estates. 
 
 (2).  There  must  be  a  conjunction  betwixt  Papists  and 
 Protestants  in  doctrine,  discipline,  and  ceremonies :  only  it 
 must  not  yet  be  called  popery. 
 
 (3).  The  Puritans,  under  which  name  they  include  all 
 those  that  desire  to  preserve  the  laws  and  liberties  of  the 
 kingdom,  and  to  maintain  religion  in  the  power  of  it,  must 
 be  either  rooted  out  of  the  kingdom  with  force,  or  driven 
 out  with  fear. 
 
 65.  For  the  effecting  of  this  it  was  thought  necessary  to  Scotland 
 reduce  Scotland  to  such  popish  superstitions  and  innova-  5^^"^^"- 
 tions  as  might  make  them  apt  to  join  with  England  in  that 
 
 great  change  which  was  intended. 
 
 66.  Whereupon    new   canons    and   a   new   liturgy   were  and 
 pressed  upon  them,   and  when  they  refused  to  admit  q{^^^^^^  • 
 them,  an  army  was  raised  to  force  them  to  it,  towards  which 
 
 the  clergy  and  the  papists  were  very  forward  in  their  con- 
 tributions. .  .  . 
 
 85.  The  archbishop  and  the  other  bishops  and  clergy  Convoca- 
 
 continued   the    Convocation,   and   by  a   new    commission  *^°V     ^" 
 
 ga^b'^  con- 
 turned  it  into  a  provincial  Synod,  in  which  by  an  unheard-  tinued. 
 
 of  presumption,  they  made  canons  that  contain  in  them 
 many  matters  contrary  to  the  king's  prerogative,  to  the 
 fundamental  laws  and  statutes  of  the  realm,  to  the  right  of 
 parliaments,  to  the  property  and  liberty  of  the  subject, 
 and  matters  tending  to  sedition  and  of  dangerous  conse- 
 quence, thereby  establishing  their  own  usurpations,  justi- 
 fying  their    altar-worship,    and    those    other    superstitious 
 
30 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [cii 
 
 1641. 
 
 Its  illegal 
 oath  and 
 other 
 measures. 
 
 Penalties 
 proposed. 
 
 Romanists 
 
 tolerated, 
 
 and 
 
 abetted  in 
 
 various 
 
 ways. 
 
 innovations  which  they  formerly  introduced  without  warrant 
 of  law. 
 
 2>6.  They  imposed  a  new  oath  upon  divers  of  his 
 majesty's  subjects,  both  ecclesiastical  and  lay,  for  main- 
 tenance of  their  own  tyranny,  and  laid  a  great  tax  upon  the 
 clergy,  for  supply  of  his  majesty;  and  generally  they  showed 
 themselves  very  affectionate  to  the  war  with  Scotland,  which 
 was  by  some  of  them  styled  Bellum  Episcopale ;  and  a  prayer 
 composed  and  enjoined  to  be  read  in  all  churches,  calling 
 the  Scots  rebels,  to  put  the  two  nations  in  blood  and  make 
 them  irreconcileable. 
 
 87.  All  those  pretended  canons  and  constitutions  were 
 armed  with  the  several  censures  of  suspension,  excom- 
 munication, deprivation,  by  which  they  would  have  thrust 
 out  all  the  good  ministers,  and  most  of  the  well-affected 
 people  of  the  kingdom,  and  left  an  easy  passage  to  their 
 own  design  of  reconciliation  with  Rome. 
 
 88.  The  popish  party  enjoyed  such  exemptions  from 
 penal  laws  as  amounted  to  a  toleration,  besides  many  other 
 encouragements  and  court  favours. 
 
 89.  They  had  a  Secretary  of  State, .  Sir  Francis  Winde- 
 banck,  a  powerful  agent  for  speeding  all  their  desires. 
 
 90.  A  pope's  nuncio  residing  here,  to  act  and  govern 
 them  according  to  such  influences  as  he  received  from 
 Rome,  and  to  intercede  for  them  with  the  most  powerful 
 concurrence  of  the  foreign  princes  of  that  religion. 
 
 91.  By  his  authority  the  papists  of  all  sorts,  nobility, 
 gentry,  and  clergy  were  convocated  after  the  manner  of 
 a  parliament. 
 
 92.  New  jurisdictions  were  erected  of  Romish  arch- 
 bishops, taxes  levied,  another  state  moulded  within  this 
 state  independent  in  government,  contrary  in  interest  and 
 affection,  secretly  corrupting  the  ignorant  or  negligent  pro- 
 fessors of  our  religion,  and  closely  uniting  and  combining 
 themselves   against  such   as   were   found  in  this  posture, 
 
cii]     HISTORY  OF  THE  ENGLISH  CHURCH  561 
 
 waiting  for  an  opportunity  by  force  to  destroy  those  whom      1641. 
 they  could  not  hope  to  seduce. 
 
 93.  For  the  effecting  whereof  they  were  strengthened 
 with  arms  and  munitions,  encouraged  by  superstitious 
 prayers,  enjoined  by  the  nuncio,  to  be  weekly  made  for  the 
 prosperity  of  some  great  design. 
 
 94.  And  such  power  had  they  at  court,  that  secretly  a 
 commission  was  issued  out,  or  intended  to  be  issued  to 
 some  great  men  of  that  profession,  for  the  levying  of  soldiers, 
 and  to  command  and  employ  them  according  to  private 
 instructions,  which  we  doubt  were  framed  for  the  advantage 
 of  those  who  were  the  contrivers  of  them.  .  .  . 
 
 184.  We  confess  our  intention  is,  and  our  endeavours  In  view  of 
 have  been,  to  reduce  within  bounds  that  exorbitant  power  J!gjy(,\^j  \ 
 which  the  prelates  have  assumed  unto  themselves,  so  con-  of  episco- 
 
 trary  both  to  the  word  of  God  and  to  the  laws  of  the  land,  p^^  Power 
 
 •'  '  IS  desired, 
 
 to  which  end  we  passed  the  bill  for  the  removing  them  from 
 their  temporal  power  and  employments,  that  so  the  better 
 they  might  with  meekness  apply  themselves  to  the  discharge 
 of  their  functions,  which  bill  themselves  opposed,  and  were 
 the  principal  instruments  of  crossing  it. 
 
 185.  And  we  do  here   declare   that  it  is  far  from  our  yet  with 
 purpose  or  desire  to  let  loose  the  golden  reins  of  discipline  [jon  of '""^ 
 and  government  in  the  Church,  to  leave  private  persons  or  discipline, 
 particular  congregations   to  take   up  what   form   of  divine 
 service  they  please,  for  we  hold  it  requisite  that  there  should 
 
 be  throughout  the  whole  realm  a  conformity  to  that  order 
 which  the  laws  enjoin  according  to  the  word  of  God.  And 
 we  desire  to  unburden  the  consciences  of  men  of  needless 
 and  superstitious  ceremonies,  suppress  innovations,  and  take 
 away  the  monuments  of  idolatry. 
 
 186.  And  the  better  to  effect  the  intended  reformation.  Wherefore 
 we  desire  there  may  be  a  general  synod  of  the  most  grave,  rhur -^h^ 
 pious,  learned,  and  judicious  divines  of  this  island ;  assisted  Synod  is 
 with  some  from  foreign  parts,  professing  the  same  religion  ^"visable. 
 
 o  o 
 
562  DOCUMENTS   ILLUSTRATIVE    OF   THE       [cii 
 
 1641.  with  us,  who  may  consider  of  all  things  necessary  for  the 
 peace  and  good  government  of  the  Church,  and  represent 
 the  results  of  their  consultations  unto  the  Parliament,  to  be 
 there  allowed  of  and  confirmed,  and  receive  the  stamp  of 
 authority,  thereby  to  find  passage  and  obedience  throughout 
 the  kingdom. 
 
 cm. 
 
 THE  KING'S  PROCLAMATION  ON  RELIGION, 
 
 A.  D.   164L 
 
 1641.  The  Grand  Remonstrance  was,  as  stated   in  the  introduction    to 
 
 the  last  document,  presented  to  the  king  Dec.  i.  The  proclamation 
 which  follows,  dated  on  the  loth,  was  intended  partly  as  an  indirect 
 answer  to  the  ecclesiastical  side  of  the  Remonstrance,  and  partly  to 
 counteract  the  indiscretion  of  the  queen,  who  was  alarmed  at  the 
 dark  prospects  of  the  Roman  Catholics  in  England  in  consequence 
 of  the  feeling  displayed  against  them  by  both  Houses  of  Parliament. 
 [Transcr.  S.  P.  Dom.  Book  of  Proclamations,  Chas.  I,  No.  237.] 
 
 By  the  King. 
 
 A  Proclamation  for  obedie?ice  to  the  laivs  ordained  for  estab- 
 lishing of  the  true  religion  ifi  this  kirigdom  of  England. 
 
 The  king,  His  majesty — considering  that  it  is  a  duty  most  beseem- 
 of  th^^  ^'^S'  ^"^  ^^^^  most  obliges  sovereign  authority  in  a  Christian 
 dangers  of  king  to  be  careful  (above  all  other  things)  of  preserving  and 
 
 division  advancing  the  honour  and  service  of  Almighty  God,  and 
 and  diver-  ^  o     y  j 
 
 sity,  de-      the  peace  and  tranquillity  of  the  Church,  to  which  end  his 
 
 sires  uni-  j-Qajesty  with  his  Parliament  has  it  under  consideration,  how 
 lormity  of  "^^      "^  ' 
 
 worship,  all  just  scruples  may  be  removed,  and  being  in  the  mean- 
 time sensible  that  the  present  division,  separation,  and  dis- 
 order about  the  worship  and  service  of  God,  as  it  is  estab- 
 lished by  the  laws  and  statutes  of  this  kingdom  in  the 
 Church  of  England,  tends  to  great  distraction  and  con- 
 fusion, and  may  endanger  the  subversion  of  the  very  essence 
 and  substance  of   true  religion — has  resolved^  for  the  pre- 
 
civ]     history  of  the  ENGLISH  CHURCH  563 
 
 servation  of  unity  and  peace  (which  is  most  necessary  at  this  1641. 
 time  for  the  Church  of  England),  to  require  obedience  to 
 the  laws  and  statutes  ordained  for  establishing  of  the  true 
 religion  in  this  kingdom,  whereby  the  honour  of  God  may 
 be  advanced,  to  the  great  comfort  and  happiness  both  of  his 
 majesty  and  his  good  subjects. 
 
 His  majesty  doth  therefore  charge  and  command,  that  He  there- 
 Divine  Service  be  performed  in  this  his  kinsjdom  of  England      .^  ^^\ 
 
 ^  °  <^  quires  obe- 
 
 and  dominion  of  Wales,  as  is  appointed  by  the  laws  and  dience 
 statutes  established  in  this  realm,  and  that  obedience  be  '°  ^^^^  . 
 
 concerning 
 
 given  by  all  his  subjects,  ecclesiastical  and  temporal,  to  the  divine  ser- 
 said  laws  and  statutes  concerning  the  same ;  and  that  all  ^^^^' 
 judges,  officers,  and  ministers,  ecclesiastical  and  temporal, 
 according  to  justice  and  their  respective  duties,  do  put  the 
 said  Acts  of  Parhament  in  due  execution  against  all  wilful 
 contemners  and  disturbers  of  divine  service  contrary  to  the 
 said  laws  and  statutes. 
 
 His   majesty  doth   further   command   that  no   parsons.  No  clergy- 
 vicars,  or  curates,  in  their  several  parishes,  shall  presume  to  !"^^  ^^^ 
 
 '  _  ■^  ^  innovate 
 
 introduce  any  rite  or  ceremonies  other  than  those  which  are  thereon, 
 estabhshed  by  the  laws  and  statutes  of  the  land. 
 
 Given  at  his  majesty's  palace  of  Whitehall  the  tenth  day 
 of  December,  in  the  seventeenth  year  of  his  majesty's  reign. 
 God  save  the  king. 
 
 CIV. 
 
 THE  CLERICAL  DISABILITIES  ACT,  1642. 
 16  Car.  1,  cap.  27. 
 
 The  Root  and  Branch  Bill  dropped  when  Parliament  reassembled       1642. 
 in  Oct.  1641.     On  the  atst  a  new  Bill  was  brought  in  to  deprive  the 
 clergy  of  all  temporal  authority,  and  especially  to  exclude  the  bishops 
 from  the  House  of  Lords.     It  was  read  a  third  time  Oct.  23,  and 
 then  went  up  to  the  Lords,  and  received  the  royal  assent  Feb.  13, 
 
 0  0  2 
 
564  DOCUMENTS  ILLUSTRATIVE   OF  THE     [civ 
 
 1642.  1642.  This  was  the  second  Clerical  Disabilities  Bill,  or  Bishops' 
 Exclusion  Bill  as  it  is  generally  called.  The  first  passed  the  Commons 
 on  May  Day,  1641,  but  was  thrown  out  by  the  Lords  June  8. 
 
 [Transcr.  Statutes  of  the  Realm,  v.  138.] 
 
 No  person  Whereas  bishops  and  other  persons  in  Holy  Orders 
 Orders^to  ought  not  to  be  entangled  with  secular  jurisdiction,  the 
 be  member  office  of  the  ministry  being  of  such  great  importance  that  it 
 ^^^^  will  take  up  the  whole  man,  and  for  that  it  is  found  by  long 
 
 privy  experience  that  their  intermeddling  with  secular  jurisdictions 
 
 justice  or'  ^^^^  occasioned  great  mischiefs  and  scandals  both  to  Church 
 hold  any  and  State,  his  majesty,  out  of  his  religious  care  of  the  Church 
 autlKuify  ^"^  souls  of  his  people,  is  graciously  pleased  that  it  be 
 enacted,  and  by  authority  of  this  present  Parliament  be  it 
 enacted,  that  no  archbishop  or  bishop  or  other  person  that 
 now  is  or  hereafter  shall  be  in  Holy  Orders,  shall  at  any  time 
 after  the  fifteenth  day  of  February,  in  the  year  of  our  Lord 
 1 64 1,  have  any  seat  or  place,  suffrage,  or  voice,  or  use,  or 
 execute  any  power  or  authority  in  the  Parliaments  of  this 
 realm,  nor  shall  be  of  the  Privy  Council  of  his  majesty,  his 
 heirs  or  successors,  or  justice  of  the  peace  of  oyer  and  ter- 
 miner or  gaol  delivery,  or  execute  any  temporal  authority 
 by  virtue  of  any  commission,  but  shall  be  wholly  disabled 
 and  be  incapable  to  have,  receive,  use,  or  execute  any 
 of  the  said  offices,  places,  powers,  authorities,  and  things 
 aforesaid. 
 All  action        And  be   it  further  enacted  by  the  authority  aforesaid, 
 
 hibitcd  to  ^^^^  ^^^  ^^^^  ^^^^^^  ^^^  ^^^^^  ^^^  ^^^^  fifteenth  day  of  Feb- 
 be  void.  ruary,  which  shall  be  done  or  executed  by  any  archbishop  or 
 bishop,  or  other  person  whatsoever  in  Holy  Orders,  and  all 
 and  every  suffrage  or  voice  given  or  delivered  by  them  or 
 any  of  them,  or  other  thing  done  by  them  or  any  of  them 
 contrary  to  the  purport  and  true  meaning  of  this  present 
 Act,  shall  be  utterly  void  to  all  intents,  constructions,  and 
 purposes. 
 
cvi]     HISTORY  OF  THE  ENGLISH  CHURCH  565 
 
 cv. 
 
 THE    DECLARATION    OF   THE   HOUSES  ON 
 CHURCH  REFORM,  a.  d.   1642. 
 
 This  declaration  appears  to  have  been  by  way  of  Parliamentary       1642. 
 explanation  to  the  nation  after  the  Kentish  petition  of  March  25  had 
 protested  against   the   assault  being  made  upon  the  Church.     The 
 declaration  is  variously  dated  April  8  or  9,  1642, 
 
 \Tva.nscr.  Journals  of  the  House  of  Lords,  iv.  p   706.] 
 
 The  Lords  and  Commons  do  declare  that  they  intend  Pending 
 a  due  and  necessary  reformation  of  the  government  and  *^V^  '^"u 
 hturgy  of  the  Church,  and  to  take  away  nothing  in  the  one  govern- 
 or the  other  but  what  shall  be  evil  and  justly  offensive,  or  J^^"^  ^"*^ 
 
 •^         ■'  liturgy 
 
 at  least  unnecessary  and  burdensome ;   and,  for  the  better 
 effecting  thereof,  speedily  to  have  consultation  with  godly 
 and  learned  divines ;  and  because  this  will  never  of  itself 
 attain  the  end  sought  therein,  they  will  therefore  use  their  the 
 utmost  endeavour  to  establish  learned  and  preaching  minis-  and^main- 
 ters,  with  a  good  and  sufficient  maintenance,  throughout  the  tenance  of 
 whole  kingdom,  wherein  many  dark  corners  are  miserably  J^^^^  ^'^^ 
 destitute  of  the  means  of  salvation,  and  many  poor  ministers  ensured, 
 want  necessary  provision. 
 
 CVL 
 
 SELECTION   FROM   THE   YORK,   OXFORD,   AND 
 NEWCASTLE  PROPOSITIONS,  a.  d.  1642  to  1646. 
 
 Propositions  were  sent  by  both  Houses  of  Parliament  to  King 
 Charles  I  at  York  June  i,  1642,  at  Oxford  Feb,  i,  1643,  ^t  Uxbridge 
 Nov.  24,  1644,  at  Newcastle  July  13,  1646.  These  propositions 
 relate  to  the  various  grievances  of  the  times.     Those  which  concern 
 
S66  DOCUMENTS  ILLUSTRATIVE  OF  THE      [cvi 
 
 1642.  the  Church  are  chiefly  Nos.  6  to  8  at  York,  4,  5,  12  at  Oxford, 
 2  to  II  at  Uxbridge.  The  Newcastle  propositions  referring  to  the 
 Church  are  an  almost  literal  repetition  of  those  at  Uxbridge. 
 
 York  Proposition^  No.  8. 
 [Rushworth,  4.  722;  ed.  1721.] 
 Reforma-  That  your  majesty  will  be  pleased  to  consent  that  such 
 Church  a  reformation  be  made  of  the  Church  government  and 
 govern-  liturgy  as  both  Houses  of  Parliament  shall  advise ;  wherein 
 LiTur^"^  they  intend  to  have  consultations  with  divines,  as  is  ex- 
 Mainten-  pressed  in  their  declaration  to  that  purpose  ;  and  that  your 
 ance  of       niajesty  will  contribute  your  best  assistance  to  them  for  the 
 
 preaching  ^       ■'  ^    .  .  .  .... 
 
 ministers,  raising  of  a  sufficient  mamtenance  for  preachmg  mmisters 
 through   the    kingdom ;    and    that   your   majesty   will    be 
 
 Abolition  pleased  to  give  your  consent  to  laws  for  the  taking  away  of 
 innovations  and  superstition,  and  of  pluralities,  and  against 
 scandalous  ministers. 
 
 of  innova- 
 tions 
 
 Oxford  Proposition,  No.  4. 
 [Rushworth,  5.  166;  ed.  1721.] 
 
 The  king's      That  your  majesty  will  be  pleased  to  give  your  royal 
 requested    ^ssent  unto  the  Bill  for  taking  away  superstitious  innova- 
 to  various   tions  ;  to  the  Bill  for  the  utter  abolishing  and  taking  away 
 cerningt'he  ^'^  ^  archbishops,  bishops,  their  chancellors  and  commis- 
 Church.      saries,  deans,  sub-deans,  deans  and  chapters,  archdeacons, 
 canons    and  prebendaries,    and   all    chanters,    chancellors, 
 treasurers,  sub-treasurers,   succentors  and  sacrists,  and  all 
 vicars    choral   and   choristers,    old  vicars    and    new  vicars 
 of  any  cathedral  or  collegiate  church,  and  all  other  their 
 under  officers,  out  of  the  Church  of  England  :   to  the  Bill 
 against  scandalous  ministers  :  to  the  Bill  against  pluralities  : 
 and  to  the  Bill  for  consultation  to  be  had  with  godly,  reli- 
 gious, and    learned    divines ;    that   your    majesty  will   be 
 pleased  to  promise  to  pass  such  other  good  Bills  for  set- 
 tling of  Church  government  as  upon  consultation  with  the 
 
cvi]      HISTORY  OF  THE  ENGLISH  CHURCH  567 
 
 assembly  of  the  said  divines  shall  be  resolved  on  by  both      1642. 
 Houses  of  Parliament,  and  by  them  be  presented  to  your 
 majesty. 
 
 Neivcastle  Propositions^  Nos.  2  to  12. 
 [Rushworth,  6.  309;  ed.  1721.] 
 
 2.  That  his  majesty,  according  to  the  laudable  example  The  king- 
 of  his  royal  father  of  happy  memory,   may  be  pleased  to  *°  "^f^^  ^""^ 
 swear  and  sign  the  late  Solemn  League  and  Covenant ;  and  Covenant, 
 that  an  Act  of  Parliament  be  passed  in  both  kingdoms 
 respectively,   for  enjoining  the  taking   thereof  by  all    the 
 subjects  of  the  three  kingdoms  ;  and  the  ordinances  con- 
 cerning the  manner  of  taking  the  same  in  both  kingdoms 
 
 be  confirmed  by  Acts  of  Parliament  respectively,  with  such 
 penalties  as,  by  mutual  advice  of  both  kingdoms,  shall  be 
 agreed  upon. 
 
 3.  That  a  Bill  be  passed  for  the  utter  abolishing  and  Episco- 
 taking  away  of  all  archbishops,  bishops,  their  chancellors  P^^7' ,    , 
 
 .  .  Ill  cathedral 
 
 and  commissaries,  deans  and  sub-deans,  deans  and  chapters,  and  colle- 
 
 archdeacons,   canons  and  prebendaries,  and  all   chanters,  ^'^^^ 
 
 churches 
 chancellors,  treasurers,   sub-treasurers,   succentors  and  sa-  to  be 
 
 crists,  and  all  vicars  choral  and  choristers,  old  vicars  and  abolished. 
 
 new  vicars  of  any  cathedral  or  collegiate  church,  and  all 
 
 other  under  officers,  out  of  the  Church  of  England  and 
 
 dominion  of  Wales,  and  out  of  the  Church  of  Ireland,  with 
 
 such  alterations  concerning  the  estates  of  prelates,  as  shall 
 
 agree  with   the  articles  of  the  late  treaty  of  the  date,  at 
 
 Edinburgh,  November  29,   1643,  and  joint  declaration  of 
 
 both  kingdoms. 
 
 4.  That  the  ordinances  concerning  the  calling  and  sitting  West- 
 of  the  assembly  of  divines  be  confirmed  by  Act  of  Par-  T^^^^^bl 
 liament.  to  be  con- 
 
 5.  That  reformation  of  religion,  according  to  the  Cove-  "''"''^"• 
 nant,  be  settled  by  Act  of  Parliament,  in  such  manner  as  to  be 
 
568 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE      [cvi 
 
 lfi42. 
 reformed 
 on  the 
 basis  of  the 
 Cov'^enant. 
 
 Uniformity 
 of  rehgion 
 to  be 
 secured 
 for  Eng- 
 land and 
 Scotland. 
 
 Abjuration 
 oath  for 
 Romanists. 
 
 Educa- 
 tion of 
 Romanist 
 children. 
 Penalties 
 for  Ro- 
 manists. 
 
 both  Houses  have  agreed,  or  shall  agree  upon,  after  con- 
 sultation had  with  the  assembly  of  divines. 
 
 6.  Forasmuch  as  both  kingdoms  are  mutually  obliged  by 
 the  same  Covenant,  to  endeavour  the  nearest  conjunction 
 and  uniformity  in  matters  of  religion,  according  to  the 
 Covenant,  as,  after  consultation  had  with  the  divines  of  both 
 kingdoms  assembled,  is  or  shall  be  jointly  agreed  upon  by 
 both  Houses  of  Parliament  of  England,  and  by  the  Church 
 and  kingdom  of  Scotland,  be  confirmed  by  Acts  of  Parlia- 
 ment of  both  kingdoms  respectively  \ 
 
 7.  That  for  the  more  effectual  disabling  Jesuits,  priests, 
 papists,  and  popish  recusants  from  disturbing  the  State 
 and  deluding  the  laws,  and  for  the  better  discovering  and 
 speedy  conviction  of  recusants,  an  oath  be  established  by 
 Act  of  Parliament,  to  be  administered  to  them,  wherein 
 they  shall  abjure  and  renounce  the  pope's  supremacy, 
 the  doctrine  of  transubstantiation,  purgatory,  worshipping 
 of  the  consecrated  host,  crucifixes  and  images,  and  all 
 other  popish  superstitions  and  errors ;  and  refusing  the 
 said  oath,  being  tendered  in  such  manner  as  shall  be 
 appointed  by  the  said  Act,  to  be  a  sufficient  conviction  of 
 recusancy. 
 
 8.  An  Act  of  Parliament  for  education  of  the  children  of 
 papists  by  Protestants  in  the  Protestant  religion. 
 
 9.  An  Act  for  the  true  levying  of  the  penalties  against 
 them,  which  penalties  to  be  levied  and  disposed  in  such 
 manner  as  both  Houses  shall  agree  on,  wherein  to  be 
 provided  that  his  majesty  shall  have  no  loss. 
 
 10.  That  an  Act  be  passed  in  Parliament,  whereby  the 
 practices  of  papists  against  the  State  may  be  prevented,  and 
 the  laws  against  them  duly  executed,  and  a  stricter  course 
 taken  to  prevent  the  saying  or  hearing  of  Mass  in  the 
 court  or  any  other  part  of  this  kingdom. 
 
 11.  The  like  for  the  kingdom  of  Scotland,  concerning 
 
 1    SIC. 
 
evil]      HISTORY  OF   THE  ENGLISH  CHURCH  569 
 
 the  four  last  preceding  propositions,  in  such  manner  as  the  •    1642. 
 estates  of  the  ParHament  there  shall  think  fit. 
 
 12.  That  the  king  do  give  his  royal  assent  to  an  Act  for  Request 
 the  due  observation  of  the  Lord's  day ;  king's\s- 
 
 And  to  the   Bill  for  the  suppression  of  innovations  in  sent  to 
 churches  and  chapels,  in  and  about  the  worship  of  God,  &c.;  actments." 
 
 And  for  the  better  advancement  of  the  preaching  of 
 God's  holy  word  in  all  parts  of  this  kingdom ; 
 
 And  to  the  Bill  against  the  enjoying  of  pluralities  of 
 benefices  by  spiritual  persons,  and  non-residency ; 
 
 And  to  an  Act  to  be  framed  and  agreed  upon  by  both 
 Houses  of  Parliament,  for  the  reforming  and  regulating  of 
 both  Universities,  of  the  Colleges  of  Westminster,  Win- 
 chester, and  Eton. 
 
 CVII. 
 
 THE  SOLEMN  LEAGUE  AND  COVENANT, 
 A.D.  1643. 
 
 The  Solemn  League  and  Covenant  was  prepared  by  Alexander  1643. 
 Henderson,  the  Scotch  commissioner,  on  the  lines  of  the  national 
 Covenant  of  1638.  This  was  in  August,  1643.  It  was  amended  by 
 Vane.  It  was  then  taken  by  the  Convention  of  Estates  in  Scotland 
 Aug.  17.  The  Westminster  Assembly,  which  had  met  July  i,  now 
 received  the  document  and  amended  it.  Further  slight  change  was 
 made  by  the  House  of  Commons,  and  by  the  House  of  Lords.  It 
 was  taken  by  the  Commons  Sept.  25,  and  by  the  Lords  Oct.  15 ; 
 and  on  Feb.  5,  1644,  was  universally  imposed  upon  all  Englishmen 
 over  eighteen  years  of  age. 
 
 [Rush worth, //2s/,  Co//.  5.  478;  ed.  1721.] 
 
 A  solemn  league  and  covenant  for  reformation  and  defence  of 
 religion,  the  honour  and  happiness  of  the  king,  and  the 
 peace  a?id  safety  of  the    three  kingdoms  of  England, 
 Scotland,  and  Ireland. 
 
 We    noblemen,    barons,    knights,    gentlemen,    citizens,?" 
 burgesses,   ministers    of  the  gospel,   and  commons  of  all  of  the 
 
570  DOCUMENTS  ILLUSTRATIVE   OF  THE     [cvii 
 
 1043.      sorts  in  the  kingdoms  of  England,  Scotland,  and  Ireland, 
 reformed     j-^y  jj^g  providence  of  God  living  under  one  king,  and  being 
 [he^gkTry    of  One  reformed  religion  ;  having  before  our  eyes  the  glory 
 of  God,  the  of  God,  and  the  advancement  of  the  kingdom  of  our  Lord 
 ldngYnd°    ^"<i  Saviour  Jesus  Christ,  the  honour  and  happiness  of  the 
 people,       king's  majesty  and  his  posterity,  and  the  true  public  liberty, 
 safety,   and   peace   of  the  kingdoms,   wherein  every  one's 
 andinview  private  condition   is   included;    and   calling   to   mind  the 
 conspfra"^  treacherous  and  bloody  plots,  conspiracies,  attempts,  and 
 cies  result-  practices  of  the  enemies  of  God  against  the  true  religion 
 present  ^   ^"^^  professors  thereof  in  all  places,  especially  in  these  three 
 troubles,     kingdoms,  ever  since  the  reformation  of  religion,  and  how 
 much  their  rage,  power,  and  presumption  are  of  late,  and  at 
 this  time  increased  and  exercised,  whereof  the  deplorable 
 estate  of  the  Church  and  kingdom  of  Ireland,  the  distressed 
 estate  of  the  Church  and  kingdom  of  England,   and   the 
 dangerous  estate  of  the  Church  and  kingdom  of  Scotland, 
 are  present  and  public  testimonies :  we  have  (now  at  last), 
 after  other  means  of  supplication,  remonstrance,  protesta- 
 tions, and  sufferings,  for  the  preservation  of  ourselves  and 
 our  religion  from  utter  ruin  and  destruction,  according  to 
 the  commendable  practice  of  these  kingdoms   in    former 
 the  sub-      times,  and  the  example  of  God's  people  in  other  nations, 
 unite^in      ^^^^^  mature  deliberation,  resolved  and  determined  to  enter 
 the  league  into  a  mutual  and  solemn  league  and  covenant,  wherein  we 
 !!nr,f^°oTf^"    all  subscribe,   and  each  one  of  us  for  himself,  with  our 
 
 ricinCj3.nQ 
 
 swear :       hands  lifted  up  to  the  most  high  God,  do  swear ; 
 
 I. 
 
 I.  The  That  we  shall  sincerely,  really,  and  constantly,  through 
 
 preserva- 
 
 tionofthe  ^^^  grace  of  God,  endeavour  in  our  several  places  and 
 reformed  callings,  the  preservation  of  the  reformed  religion  in  the 
 ScoUand,  Church  of  Scotland,  in  doctrine,  worship,  discipline,  and 
 and  Its        government,  against  our  common  enemies;  the  reformation 
 
 promotion       _        ...  .        ,        ,.        ,  ^t-,i        i  ixi        ^      • 
 
 in  England  ^l    religion  m  the  kmgdoms  of  England  and  Ireland,  m 
 
evil]      HISTORY   OF   THE  ENGLISH   CHURCH  571 
 
 doctrine,  worship,  discipline,  and  government,  according  to       1643. 
 
 the  word  of  God  and  the  example  of  the  best  reformed  f"^  ^^^■ 
 
 1     •  1       /^i         1        land. 
 
 Churches ;  and  we  shall  endeavour  to  brmg  the  Churches 
 
 of  God  in  the  three  kingdoms  to  the  nearest  conjunction 
 
 and    uniformity  in   religion,   confession   of  faith,    form   of 
 
 Church  government,  directory  for  worship  and  catechizing, 
 
 that  we,  and  our  posterity  after  us,  may,  as  brethren,  live  in 
 
 faith  and  love,  and  the  Lord  may  delight  to  dwell  in  the 
 
 midst  of  us. 
 
 II. 
 
 That  we  shall  in  like  manner,  without  respect  of  persons,  2.  The 
 endeavour   the    extirpation    of    popery,    prelacy    (that    is,  ^f  popery" 
 Church  government  by  archbishops,  bishops,   their  chan-  prelacy, 
 cellors  and  commissaries,  deans,  deans  and  chapters,  arch- 
 deacons, and  all  other  ecclesiastical  officers  depending  on 
 that  hierarchy),  superstition,  heresy,  schism,  profaneness,  and 
 whatsoever  shall  be  found  to  be  contrary  to  sound  doctrine 
 and  the  power  of  godliness,  lest  we  partake  in  other  men's 
 sins,  and  thereby  be  in  danger  to  receive  of  their  plagues ; 
 and  that  the  Lord  may  be  one,  and  His  name  one  in  the 
 three  kingdoms. 
 
 IIL 
 
 We  shall,  with  the  same  sincerity,  reality,  and  constancy,  3..  The  pre- 
 in  our  several  vocations,  endeavour  with  our  estates  and  of^i-^j^^g^^"^ 
 lives  mutually  to  preserve  the  rights  and  privileges  of  the  rights  of 
 Parliaments,  and  the  Hberties  of  the  kingdoms,  and  to  pre-  ^^^jqj^^I 
 serve  and  defend  the  king's  majesty's  person  and  authority,  Parlia- 
 in    the    preservation    and    defence    of    the   true    religion  jJJ^^^^^^^ 
 and  liberties  of  the  kingdoms,   that  the  world   may  bear  royalty, 
 witness  with  our  consciences  of  our  loyalty,  and  that  we  ^^' 
 have  no  thoughts  or  intentions  to  diminish  his  majesty's 
 just  power  and  greatness. 
 
572 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [cvii 
 
 K-.43.  IV. 
 
 4.  The  We  shall  also  with  all  faithfulness  endeavour  the   dis- 
 
 discovery  cQvery  of  all  such  as  have  been  or  shall  be  incendiaries, 
 of  the  •'  ,  1       1  •     1     •  1  r 
 
 enemies  of  malignants,   or  evil  instruments,  by  hindering  the  rerorma- 
 
 rehgion  ^j^j^  q£  religion,  dividing  the  king  from  his  people,  or  one 
 and  peace.  ^  . 
 
 of  the  kingdoms  from  another,  or  making  any  faction  or 
 
 parties   amongst  the    people,   contrary  to   the  league  and 
 
 covenant,  that  they  may  be  brought  to  public  trial  and  receive 
 
 condign  punishment,  as  the  degree  of  their  offences  shall 
 
 require   or   deserve,   or  the  supreme  judicatories  of  both 
 
 kingdoms  respectively,  or  others  having  power  from  them 
 
 for  that  effect,  shall  judge  convenient. 
 
 V. 
 
 5.  The  And  whereas  the  happiness  of  a  blessed  peace  between 
 aifce  o  "the  ^^^^^e  kingdoms,  denied  in  former  times  to  our  progenitors, 
 existing  is  by  the  good  providence  of  God  granted  unto  us,  and  hath 
 peace.         been  lately  concluded  and  settled  by  both  Parliaments  :  we 
 
 shall  each  one  of  us^  according  to  our  places  and  interest, 
 endeavour  that  they  may  remain  conjoined  in  a  firm  peace 
 and  union  to  all  posterity,  and  that  justice  may  be  done 
 upon  the  wilful  opposers  thereof,  in  manner  expressed  in 
 the  precedent  articles. 
 
 VI. 
 
 6.  The  We  shall  also,  according  to  our  places  and  callings,  in 
 union^of  ^^^^  common  cause  of  religion,  liberty,  and  peace  of  the 
 the  sub-      kingdom,  assist  and  defend  all  those  that  enter  into  this 
 
 scribers  in   1  •,  ^      •       ^.u  •    i.    •    •  j 
 
 attaining  league  and  covenant,  in  the  maintaining  and  pursuing 
 the  fore-  thereof;  and  shall  not  suffer  ourselves,  directly  or  indirectly, 
 by  whatsoever  combination,  persuasion,  or  terror,  to  be 
 divided  and  withdrawn  from  this  blessed  union  and  con- 
 junction, whether  to  make  defection  to  the  contrary  part,  or 
 give  ourselves  to  a  detestable  indififerency  or  neutrality  in 
 
 goinj 
 
evil]     HISTORY  OF  THE  ENGLISH  CHURCH  573 
 
 this  cause,  which  so  much  concerneth  the  glory  of  God,  1643. 
 the  good  of  the  kingdoms,  and  the  honour  of  the  king ; 
 but  shall  all  the  days  of  our  lives  zealously  and  constantly 
 continue  therein,  against  all  opposition,  and  promote  the 
 same  according  to  our  power,  against  all  lets  and  impedi- 
 ments whatsoever ;  and  what  we  are  not  able  ourselves  to 
 suppress  or  overcome  we  shall  reveal  and  make  known, 
 that  it  may  be  timely  prevented  or  removed :  all  which  we 
 shall  do  as  in  the  sight  of  God. 
 
 And  because  these  kingdoms  are  guilty  of  many  sins  and  In  contem 
 provocations  against  God  and  His  Son  Jesus  Christ,  as  is  ^if  ^i^j^Jj^ 
 too  manifest   by  our  present  distresses  and  dangers,   the  the  sub- 
 fruits  thereof :    we   profess   and  declare,  before  God  and  ^^^teTn 
 the  world,  our  unfeigned  desire  to  be   humbled    for  our  confession 
 sins,  and  for  the  sins  of  these  kingdoms ;    especially  that  ghor^com- 
 we  have  not  as  we  ought  valued  the  inestimable  benefit  of  ing  in  the 
 the  gospel ;    that  we  have  not  laboured  for  the  purity  and  ^^^^' 
 power   thereof;    and   that    we    have   not    endeavoured   to 
 receive  Christ  in  our  hearts,  nor  to  walk  worthy  of  Him  in 
 our  lives,  which  are  the  causes  of  other  sins  and  trans- 
 gressions so  much  abounding  amongst  us,  and  our  true  and 
 unfeigned  purpose,  desire,  and  endeavour,  for  ourselves  and  and  desire 
 all  others  under  our  power  and  charge,  both  in  public  and  ^g'nt^for 
 in  private,  in  all  duties  we  owe  to  God  and  man,  to  amend  the  future. 
 our  lives,  and  each  one  to  go  before  another  in  the  example 
 of  a  real  reformation,  that  the  Lord  may  turn  away  His 
 wrath  and  heavy  indignation,  and  establish  these  Churches 
 and  kingdoms  in  truth  and  peace.     And  this  covenant  we 
 make  in  the  presence  of  Almighty  God,  the  Searcher  of  all 
 hearts,  with  a  true  intention  to  perform  the  same,  as  we 
 shall  answer  at  that  great  day  when  the  secrets  of  all  hearts 
 shall  be  disclosed ;   most  humbly  beseeching  the  Lord  to 
 strengthen  us  by  His  Holy  Spirit  for  this  end,  and  to  bless 
 our  desires  and  proceedings  with  such  success  as  may  be 
 a  deliverance  and  safety  to  His  people,  and  encouragement 
 
574  DOCUMENTS  ILLUSTRATIVE  OF  THE     [cvii 
 
 1643.  to  the  Christian  Churches  groaning  under  or  in  danger  of 
 the  yoke  of  antichristian  tyranny,  to  join  in  the  same  or 
 hke  association  and  covenant,  to  the  glory  of  God,  the 
 enlargement  of  the  kingdom  of  Jesus  Christ,  and  the  peace 
 and  tranquillity  of  Christian  kingdoms  and  commonwealths. 
 
 CVIII. 
 
 SELECTIONS  FROM  THE  AGREEMENT  OF  THE 
 PEOPLE,  A.  D.   1649. 
 
 1649.  The  Grand  Army  Remonstrance  had  been  issued  Nov.  \6,  1648, 
 
 virtually  forming  the  programme  of  those  in  authority,  as  it  demanded 
 the  trial  and  punishment  of  the  king,  and  then  the  speedy  dissolution 
 of  the  existing  Parliament  so  soon  as  provision  had  been  made  for 
 regular  Parliaments  in  future.  In  this  document  an  appendix  was 
 promised  as  a  guide  for  subsequent  action.  The  outcome  of  this  was 
 the  Agreement  of  the  people  of  England,  and  the  places  therewith  incor- 
 porated, for  a  secure  and  present  peace  upon  grounds  of  common  right, 
 freedom,  and  safety.  It  had  been  originally  drawn  up  in  Oct.  1647,  and 
 was  now  modified  by  the  army  authorities.    Its  date  is  Jan.  20,  1649. 
 
 [Transcr.  Gardiner,  C.  D.  270.] 
 
 An  agreement  of  the  people  of  England,  ajid  the  places  there- 
 with incorporated,  for  a  secure  and  present  peace,  upon 
 grounds  of  common  right,  freedom,  and  safety. 
 
 9.  Concerning  religion,  we  agree  as  followeth  : 
 I.  A  re-  (i)  It  is   intended  that  the  Christian  religion  be  held 
 
 formed        forth  and  recommended  as  the  public  profession  in  this 
 
 proiession  .  .  ^  -^ 
 
 of  Chris-     nation,   which   we  desire  may,   by  the  grace  of  God,   be 
 tianityto     reformed  to  the  greatest  purity  in  doctrine,  worship,  and 
 national      discipline,  according  to  the  word  of  God ;  the  instructing 
 religion.      ^^  people  thereunto  in  a  public  way,  so  it  be  not  com- 
 pulsive; as  also  the  maintaining  of  able  teachers  for  that 
 end,  and  for  the  confutation  or  discovering  of  heresy,  error, 
 and  whatsoever  is  contrary  to  sound  doctrine,  is  allowed 
 to  be  provided  for  by  our  representatives ;  the  maintenance 
 
cix]      HISTORY  OF  THE  ENGLISH  CHURCH  575 
 
 of  which   teachers  may  be  out  of  a  pubHc  treasury,  and      1649. 
 we  desire,  not  by  tithes  :  provided  that  popery  or  prelacy 
 be  not  held  forth  as  the  public  way  or  profession  in  this 
 nation.     (2)  That,  to  the  public  profession  so  held  forth,  2.  No 
 none  be  compelled  by  penalties  or  otherwise  ;    but  only  ^^^igious 
 
 '■■''■  'J   compul- 
 
 may  be  endeavoured  to  be  won  by  sound  doctrme,  and  sion  to  be 
 the  example  of  a  good  conversation.     (3)  That  such  as  "^^*^- 
 profess   faith  in   God  by  Jesus   Christ,   however  differing  ^jQ^g 
 in  judgment  from  the  doctrine,  worship,  or  discipline  pub-  liberty  to 
 licly  held  forth  as  aforesaid,  shall  not  be  restrained  from,  ^jj-j^  reser- 
 but  shall  be  protected  in,  the  profession  of  their  faith  and  vation. 
 exercise  of  religion,  according  to  their  consciences,  in  any 
 place   except  such   as    shall  be   set   apart  for  the  public 
 worship ;  where  we  provide  not  for  them^  unless  they  have 
 leave,  so  as  they  abuse  not  this  liberty  to  the  civil  injury 
 of  others,  or  to  actual  disturbance  of  the  public  peace  on 
 their  parts.     Nevertheless  it  is  not  intended  to  be  hereby 
 provided  that  this  liberty  shall  necessarily  extend  to  popery 
 or  prelacy.     (4)  That   all  laws,   ordinances,   statutes,   and 
 clauses  in   any  law,   stjitute,  or  ordinance  to  the  contrary 
 of  the  liberty  herein  provided  for,  in  the  two  particulars 
 next  preceding   concerning  religion,   be,   and  are  hereby, 
 repealed  and  made  void. 
 
 CIX. 
 
 THE   ENGAGEMENT,   a.  d.  1650. 
 
 The  Parliament  of  1650  abolished  the  obligation  of  subscribing  to        1650. 
 the  Covenant,  and  substituted  for  it  the  declaration  which  follows. 
 It  is  embodied  in  'An  Act  for  subscribing  the  Engagement,'  and  is  to 
 be  taken  by  all  men  of  the  age  of  eighteen. 
 
 [Transcr.  British  Museum,  Civil  War  Tracts^  E.  1060,  No.  77.] 
 
 I  do  declare  and  promise  that  I  will  be  true  and  faithful 
 to  the  commonwealth  of  England,  as  it  is  now  established, 
 without  a  king  or  House  of  Lords. 
 
576  DOCUMENTS  ILLUSTRATIVE  OF  THE     [ex 
 
 ex. 
 
 SELECTIONS  FROM  THE  INSTRUMENT  OF 
 GOVERNMENT,  a.  d.  1G53. 
 
 1G53.  On  Dec.  i6,  1653,  Cromwell  was  appointed  '  His   Highness  the 
 
 Lord  Protector.'  The  powers  and  duties  of  the  protectorate  were  set 
 forth  in  the  forty-two  articles  of  the  Instrument  of  Government. 
 What  follows  is  that  part  which  relates  to  Church  matters. 
 
 [Transcr.  Gardiner,  C  D.  314.] 
 
 A  national       35.  That   the    Christian   religion,    as   contained   in    the 
 P'^I?^^'°"   Scriptures,  be  held  forth  and  recommended  as  the  public 
 
 of  Chris-  r  7 
 
 tianity  is     profession  of  these  nations ;  and  that,  as  soon  as  may  be, 
 to  bemam-  ^  provision,   less  subject  to  scruple  and  contention,  and 
 
 tained,  l  ^  j  x 
 
 and  more  certain  than  the  present,  be  made  for  the  encourage- 
 
 teachers      Yi\Qr\\.  and  maintenance  of  able  and  painful  teachers,  for 
 
 to  be  here- 
 
 after  ap-     the  instructing  the  people,  and  for  discovery  and  confutation 
 pointed.      q|-  qxvoy,  heresy,  and  whatever  is  contrary  to  sound  doc- 
 trine ;  and  until  such  provision  be  made,  the  present  main- 
 tenance shall  not  be  taken  away  or  impeached. 
 No  36.  That  to  the  public  profession  held  forth  none  shall 
 
 re  igious     ^g  compelled  by  penalties  or  otherwise ;  but  that  endeavours 
 sion  is  to    be  used  to  win  them  by  sound  doctrine  and  the  example 
 ^  "^^  ■      of  a  good  conversation. 
 
 Liberty  of       37.  That  such  as  profess  faith  in  God  by  Jesus  Christ 
 Christian     /thoui^h  differing  in  iudsrment  from  the  doctrine,  worship, 
 
 worship,  .      .  o  J       to  '  r? 
 
 with  reser-  or  discipline  pubhcly  held  forth)  shall  not  be  restrained  from, 
 
 yation,  to     ^^^^  s\\:i\\  be  protected  in,  the  profession  of  the  faith  and 
 be  allowed,  .  ^  '  ^ 
 
 exercise  of  their  religion,  so  as  they  abuse  not  this  liberty 
 
 to  the  civil  injury  of  others  and  to  the  actual  disturbance 
 
 of  the  public  peace  on  their  parts  :   provided  this  liberty 
 
 be  not  extended  to  popery   or  prelacy,  nor  to   such   as, 
 
 under  the   profession    of  Christ,   hold  forth  and  practise 
 
 licentiousness. 
 
 and  all  Acts      ^8.  That  all  laws,  statutes,  and  ordinances,  and  clauses 
 
 to  the  con-        ^  '  '  ' 
 
cxi]      HISTORY  OF  THE  ENGLISH  CHURCH  577 
 
 in  any  law,  statute,  or  ordinance   to   the   contrary  of  the       1653. 
 aforesaid  Hberty,  shall  be  esteemed  as  null  and  void.  '^^^^  ^°  ^^ 
 
 repealed. 
 
 -^g.  That  the  Acts  and  ordinances  of  Parliament  made  „      1 
 ^^  .  Royal  and 
 
 for  the  sale  or  other  disposition  of  the  lands,  rents,  and  Church 
 hereditaments  of  the  late  king,  queen,  and  prince,  of  arch-  ^    u^'u*^]^"' 
 bishops  and  bishops,   &c.,  deans  and  chapters,  the  lands  as  Parlia- 
 of  delinquents  and  forest-lands,  or  any  of  them,  or  of  any  "Jf"     P 
 other  lands,  tenements,  rents,  and  hereditaments  belonging 
 to  the  commonwealth,  shall  nowise  be  impeached  or  made 
 invalid,   but  shall   remain  good  and    firm ;    and   that  the 
 securities  given  by  Act  and  ordinance  of  Parliament  for 
 any  sum  or  sums  of  money,  by  any  of  the  said  lands,  the 
 excise,  or  any  other  pubHc  revenue,  and  also  the  securities 
 given  by  the  public  faith  of  the  nation,  and  the  engagement 
 of  the  public  faith  for  satisfaction  of  debts  and  damages, 
 shall  remain   firm  and  good,  and  not  be  made  void  and 
 invalid  upon  any  pretence  whatsoever. 
 
 CXI. 
 
 THE  COMMISSION  OF  TRIERS,  a.  d.  1654. 
 
 In  1640  a  committee  of  Parliament  had  been  formed  to  remove  1654. 
 scandalous  ministers.  In  1642  the  '  Committee  for  Plundered 
 Ministers'  provided  Puritan  ministers  to  vacant  livings,  and  local 
 committees  were  formed  to  eject  other  *  scandalous  ministers,'  for 
 whom  Parliament  made  some  provision.  Man}'  who  refused  the 
 Covenant  were  turned  out  of  their  benefices  in  1643.  When  the 
 Engagement  was  substituted  for  the  Covenant  in  1643  some  of  the 
 clergy  returned.  The  Commission  of  Triers  was  then  appointed  by 
 Cromwell  in  1654  ia  order  to  fill  benefices  still  vacant.  It  was 
 instituted  March  20,  1654.  At  the  end  of  August  of  the  same  year 
 commissioners  were  again  appointed  in  each  county  to  eject  '  scan- 
 dalous ministers.' 
 
 [Transcr.  Scobell's  Acts  and  Ordinances  of  Parliatnent ,  part  ii.  p.  279.] 
 
 Whereas  for  some  time  past  hitherto  there  hath  not  been 
 any  certain  course    established    for   the    supplying  vacant 
 
 Pp 
 
578  DOCUMENTS    ILLUSTRATIVE    OF    THE      [cxi 
 
 1654.      places  with  al:>le  and  fit  persons  to  preach  the  gospel,  by 
 reason   whereof  not   only  the   rights  and  titles  of  patrons 
 are  prejudiced,   but  many  weak,  scandalous,  popish,  and 
 ill-affected    persons    have    intruded    themselves,    or    been 
 brought   in,   to  the   great  grief  and  trouble  of  the  good 
 people  of  this  nation ;  for  remedy  and  prevention  whereof. 
 All  public    be  it  ordained  by  his  highness  the  lord  protector,  by  and 
 ^hTl^b^'^^    with   the  consent  of  his  council,   that  every  person  who 
 first  shall  from  and  after  the   five-and-twentieth  day  of  March 
 
 approved.  jj^g|-.^j-j|-  j^g  presented,  nominated,  chosen,  or  appointed  to 
 any  benefice  (formerly  called  benefice  with  care  of  souls), 
 or  to  preach  any  public  settled  lecture  in  England  or 
 Wales,  shall,  before  he  be  admitted  into  any  such  bene- 
 fice or  lecture,  be  judged  and  approved,  by  the  persons 
 hereafter  named,  to  be  a  person  for  the  grace  of  God  in 
 him,  his  holy  and  unblamable  conversation,  as  also  for 
 his  knowledge  and  utterance,  able  and  fit  to  preach  the 
 gospel ;  and  that,  after  the  said  five-and-twentieth  day  of 
 March,  no  person,  but  such  as  shall  upon  such  approbation 
 be  admitted  by  the  said  persons,  shall  take  any  public 
 lecture,  having  a  constant  stipend  legally  annexed  and 
 belonging  thereunto,  or  take  or  receive  any  such  benefice 
 as  aforesaid,  or  the  profits  thereof;  and  be  it  further 
 Commis-  ordained,  that  [here  follows  a  long  list  of  names]  shall  be, 
 approba-  ^"^  ^^^  hereby  nominated,  constituted,  and  appointed,  com- 
 tion.  missioners  for  such  approbation  and  admission  as  is  above- 
 
 said  ;  and  upon  death  or  removal  of  any  of  them,  others 
 How  to  be  shall  from  time  to  time  be  nominated  in  their  places  by 
 case  of  ^"  ^^^  ^^^^  protector  and  his  successors,  by  advice  of  his 
 death  or  council,  in  the  interval  of  Parliaments,  and,  sitting  the 
 ^      ^  '     Parliament,  by  the  protector  and  Parliament :  and  the  said 
 
 rowers  to  .     ,  -^  ^  ^ 
 
 judge  of      commissioners,  or  any  five  or  more  of  them,  met  together 
 
 fitness;       [^  gQj^^  certain  place  in  the  city  of  London  or  Westminster, 
 
 as  his  highness  shall  appoint,  are  hereby  authorized  to  judge 
 
 and  take  knowledge  of  the  ability  and  fitness  of  any  person 
 
cxi]      HISTORY  OF  THE  ENGLISH   CHURCH  579 
 
 so  presented,  nominated,  chosen,  or  appointed,  according  1654. 
 to  the  quahfications  above  mentioned,  and  upon  their  ap- 
 probation of  such  his  abihty  and  fitness,  to  grant  unto  such  to  grant 
 person  admission  to  such  benefice  or  lecture  by  an  instru- 
 ment in  writing  under  a  common  seal  to  be  appointed 
 by  his  highness,  and  under  the  hand  of  the  register  or 
 registers  for  the  time  being,  to  be  also  nominated  by  the 
 lord  protector  and  his  successors ;  which  instrument  the 
 said  register  or  registers  shall  cause  to  be  entered  in  a  book 
 for  that  purpose,  and  kept  upon  record. 
 
 And  it  is  hereby  declared,  that  the  said  person  so  ad-  Such 
 mitted    into    any    such   benefice   shall   be   possessor   and  J^^Jj'j"  ^^ 
 incumbent  of  the  same,  and  entitled  thereby  to  the  profits,  be  as  suffi- 
 perquisites,  and  all  rights  and  dues  incident  and  belonging  ?^^"^  ^f. 
 thereunto,  as  fully  and  effectually  as  if  he  had  been  insti-  and  induc- 
 tuted  and  inducted  according  to  the  laws  of  this  realm ;  ^^°^* 
 as  also  the  person  that  shall  be  so  admitted  to  any  lecture 
 as  aforesaid,  shall  be  thereby  enabled,   according  to  the 
 establishment  and  constitution  of  such  lecture,  to  preach 
 therein,  and  to  have  and  receive  the  stipend  or  profits  to 
 such  lecture  belonging. 
 
 Provided  always,  that  no  person  who  shall  tender  him-  A  negative 
 self,  or  be  tendered  for  approbation  as  aforesaid,  shall  be  y°^^g"*^^j^ 
 concluded  by  any  vote  of  the  said  commissioners  which  elusive 
 shall  pass  in  the  nerative  as  to  his  approbation,  unless  nine  ""  essn)ne 
 
 t^  °  ^^  '  or  more  be 
 
 or  more  of  the  said  commissioners  be  present  at  such  vote,   present. 
 
 And  it  is  further  ordained,  that  all  patrons  of  any  bene-  Patrons  to 
 fices  that  are  now  void  shall,  within  six  months  next  after  gjx^^onths 
 the  five-and-twentieth  of  this  instant  March,  and  of  any  or  their 
 benefice  that  shall  hereafter  be  void  within  six  months  next  \q\^^^^^ 
 after  the  avoidance  of  the  same,  present  unto  the  said  com- 
 missioners,  or  any   five    of  them,   some  fit  person  to   be 
 admitted ;  and  for  default  of  such  presentation  within  that 
 time,  the  presentation  for  that  turn  shall  devolve  by  lapse 
 unto  the  lord  protector  and  his  successors. 
 
 p  p  2 
 
58o 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE      [cxi 
 
 1G54. 
 
 Notice  to 
 be  of  force 
 to  prevent 
 a  lapse. 
 
 In  vacancy, 
 who  shall 
 receive  the 
 profits. 
 
 Time  for 
 approba- 
 tion. 
 
 Testi- 
 monial 
 before  ad- 
 mittance. 
 
 Provided  always,  that  in  case  the  patron  be  disturbed 
 to  present  unto  such  benefice,  and  thereupon  within  six 
 months  after  the  avoidance  of  such  benefice  a  suit  be  com- 
 menced for  the  recovery  of  such  presentation,  and  notice 
 thereof  in  writing  left  with  the  said  commissioners  or  any 
 five  of  them,  or  the  register,  that  then  such  notice  shall  be 
 as  effectual  to  prevent  the  lapse  as  where  the  suit  was 
 heretofore  commenced  against  the  bishop  or  ordinary. 
 
 And  it  is  further  ordained,  that  during  the  vacancy  of 
 such  place  by  reason  of  such  suit,  the  said  commissioners, 
 or  any  five  or  more  of  them,  have  hereby  authority  to 
 sequester  the  fruits  and  profits  thereof  for  supplying  of  the 
 place  with  an  able  preacher,  by  the  said  commissioners, 
 or  any  five  or  more  of  them,  to  be  nominated  and  approved 
 of  as  aforesaid. 
 
 And  forasmuch  as  many  persons  since  the  first  day  of 
 April  last  past  have  been  placed  in  such  benefices  and 
 public  lectures,  it  is  hereby  ordained,  that,  in  case  such 
 person  shall  not  before  the  four-and-twentieth  day  of  June 
 next  obtain  approbation  and  admittance  in  the  manner 
 before  expressed^  then  such  person  or  persons  as  have  right 
 thereunto  shall  or  may  present  or  nominate  some  other 
 fit  and  able  person  to  such  place. 
 
 And  in  default  of  such  presentation  within  two  months 
 after  the  said  four-and-twentieth  day  of  June,  or  within  six 
 months  after  the  place  became  void,  the  presentation  for 
 that  turn  shall  likewise  devolve,  by  lapse,  unto  the  lord 
 protector  and  his  successors. 
 
 And  for  the  better  satisfaction  of  the  commissioners 
 touching  the  godly  and  unblamable  conversation  of  such 
 persons  as  are  to  be  admitted  into  any  place  as  aforesaid, 
 it  is  further  declared  and  ordained,  that  before  any  admit- 
 tance of  any  such  person  as  aforesaid,  there  shall  be 
 brought  to  the  said  commissioners,  or  any  five  of  them, 
 a  testimonial  or  certificate  in  writing,  subscribed  with  the 
 
cxi]      HISTORY  OF  THE  ENGLISH  CHURCH  581 
 
 hands  of  three  persons  of  known  godhness  and  integrity,      1654. 
 whereof  one  at  least  to  be  a  preacher  of  the  gospel  in  some 
 constant  settled  place,  testifying  upon  their  personal  know- 
 ledge the  holy  and  good  conversation  of  the  person  so  to  be 
 admitted,  which  said  certificate  shall  be  duly  registered  and 
 filed.     And  it  is  also  declared,  that  all  penalty  for  or  in  Penalty  by 
 respect  of  the  not  subscribing  or  reading  the  Articles  men-      -^jj^ 
 tioned  in  the  Act  of  the  thirteenth  year  of  Queen  Elizabeth,  void, 
 entitled  :  Reformation  of  Disorders  in  the  Ministers  of  the 
 Church,  or  for  not   producing  such  testimonial  as  in  the 
 said  Act   is  required,  shall  from  henceforth  cease  and  be 
 void. 
 
 And  whereas  for  the  better  maintenance  of  preaching  Persons 
 
 ministers  several  augmentations  by  authority  of  Parliament  ^'^'"^'"S 
 °  ■'  ■'  augmenta- 
 
 have  been  heretofore  granted,  be  it  further  ordained  that  all  tions  to  be 
 
 person  or  persons  who  claim,  or  shall  hereafter  claim,  the    ^'^^  ^P" 
 ^  ^  '  '  proved. 
 
 benefit  of  such  augmentation  shall,  before  he  or  they  receive 
 
 the  same,  obtain  the  approbation  of  the  said  commissioners, 
 
 or  five  of  them,  as  a  person  qualified  as  is  before  mentioned. 
 
 And   in  case  of  approbation,   such  approbation    shall    be 
 
 entered  by  the  register   who,   under   his  hand,   shall  also 
 
 signify  the  same  to  such  person  or  persons  as  are  or  shall 
 
 be  authorized  to  pay  such  augmentation,  who  are  hereby 
 
 required   and   authorized    from   time  to    time  to   pay   the 
 
 person  or  persons  so  approved  such  augmentation  as  has 
 
 been  or   shall    be  granted  unto  him  or   the   place  where 
 
 he  preaches,  taking  his  or  their  acquittances  for  the  same. 
 
 Provided,  and  it  is  hereby  declared,  that  this  ordinance.  This  shall 
 
 or  anything  therein  contained,  shall  not  be  construed  to  ""^  extend 
 
 .  to  revive 
 
 extend  unto  or  to  revive  any  dignities,  offices,  or  benefices  offices  or 
 
 ecclesiastical,  suppressed  by  authority  of  Parliament  ;  nor  dignities 
 
 .  ecclesias- 
 
 to  any  benefices  ecclesiastical   that  were  not  presentative  tical  sup- 
 before  the  ordinance  for  suppression  of  bishops  ;  nor  to  any  P^^^^ed  by 
 lectures  preached  or  read  in  any  of  the  Universities.  ment ; 
 
 And  it  is  hereby  lastly  declared  and  ordained,  that  the  "°'"  *° 
 
 ■^  '  benefices 
 
o^- 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE      [cxii 
 
 i<"»r>4.  approbation  or  admittance  aforesaid,  in  such  manner  as  is 
 not  pre-  before  prescribed,  is  not  intended  nor  shall  be  construed  to 
 nor  tV^^'  be  any  solemn  or  sacred  setting  apart  of  a  person  to  any 
 lecturers  particular  office  in  the  ministry  ;  but  only  by  such  trial  and 
 vcrskies"'  approbation  to  take  care  that  places  destitute  may  be  sup- 
 This  is  not  plied  with  able  and  faithful  preachers  throughout  this 
 intended  nation;  and  that  such  fit  and  approved  persons,  faithfully 
 solemn  or  labouring  in  the  work  of  the  gospel,  may  be  in  a  capacity 
 sacred  set-  |-q  receive  such  public  stipend  and  maintenance  as  is  or 
 
 ting  apart      ,,,,,,  ■,  ^       ^ 
 
 to  the         shall  be  allowed  to  such  places. 
 
 ministry. 
 
 CXII. 
 
 SELECTION  FROM  CROMWELL'S  PROCLAMA- 
 TION OF  1655. 
 
 1G55.  This  proclamation  was  issued  by  Cromwell  Nov.  24,  1655.     For 
 
 an  account  of  the  circumstances  of  its  issue,  see  Walker,  Suffenngs 
 of  the  Clergy,  part  i.  p.  194. 
 
 [Transcr.  Walker's  Sufferings  of  the  Clergy,  part  i.  194;  ed.  1714.] 
 
 After  Jan.       His  highness,  by  the   advice  of  his  council,  doth  also 
 '    ^  '       publish,  declare,  and  order  that  no  person  or  persons  afore- 
 
 no  sequcs-  t-  '  '  or  1 
 
 tered  or      said  do,  from  and  after  the  first  day  of  January,  1655  [-6], 
 
 ejected        keep  in  their  houses    or  families  as  chaplains,  or  school- 
 minister  ^  .        . 
 
 masters  for  the  education  of  their  children,  any  sequestered 
 
 or  ejected  minister,  fellow  of  a  college,  or  schoolmaster, 
 nor  permit  any  of  their  children  to  be  taught  by  such,  upon 
 pain  of  being  proceeded  against  in  such  sort  as  the  said 
 is  to  keep  Orders  do  direct  in  such  cases,  and  that  no  person  who  has 
 school  or  i^ggj^  sequestered  or  ejected  out  of  any  benefice,  college,  or 
 privately,  school,  for  delinquency  or  scandal,  shall,  from  and  after  the 
 "h  ^^1^  ^^  ^^^^  ^^^^^  ^^^^'  ^^  January,  keep  any  school  either  public  or 
 or  in  any    private  ;  nor  any  person  who  after  that  time  shall  be  ejected 
 
 ^'^^  .        for  the  causes   aforesaid.      And   that  no   person   who  for 
 omciate.  ^ 
 
 delinquency  or   scandal   has   been    sequestered  or  ejected 
 
cxiii]      HISTORY  OF  THE  ENGLISH   CHURCH  583 
 
 shall,  from    and   after  the   first    day  of  January  aforesaid,       1655. 
 preach  in  any  public  place  or  at  any  private    meeting  of 
 any  other  persons  than  those  of  his  own  family,  nor  shall 
 administer  Baptism  or  the   Lord's   Supper,   or  marry  any 
 persons,  or  use  the  Book  of  Common  Prayer,  or  the  forms 
 of  prayer  therein  contained,  upon  pain  that  every  person  so  under 
 offending  in  any  the  premises  shall  be  proceeded  against  as  sta"ted"In 
 by  the  said  orders  is  provided  and  directed.  the  orders. 
 
 CXIII. 
 
 SELECTIONS  FROM  THE  HUMBLE  PETITION 
 AND  ADVICE. 
 
 This  petition,  consisting  of  eighteen  clauses,  and  dealing  gener-  1657. 
 ally  with  matters  of  government,  was  introduced  by  Sir  C.  Pack, 
 Feb.  23,  1657.  It  occupied  the  attention  of  Parliament  for  the  next 
 three  months.  The  contents  amounted  to  a  complete  recasting  of 
 the  constitution ;  the  clauses  following  affected  religion.  After 
 additions  and  modifications  it  received  its  final  form  on  May  25,  and 
 became  law,  thus  superseding  the  Instrument  of  1653. 
 
 [Transcr.  Scobell's  Acts  and  Ordinances  of  Parliament,  part  ii.  p.  378.] 
 
 To  his  highness  the  lord  protector  of  the  commonwealth 
 of  England,  Scodand,  and  Ireland,  and  the  dominions 
 thereto  belonging,  the  humble  petition  and  advice  of  the 
 knights,  citizens,  and  burgesses  now  assembled  in  the 
 Parliament  of  this  commonwealth  : 
 
 10.  And  whereas  your  highness  out  of  your  zeal  to  the  glory  Means  to 
 of  God  and  the  propagation  of  the  gospel  of  the  Lord  Jesus  ^^  p^^ect 
 Christ,  has  been  pleased  to  encourage  a  godly  ministry  in  the  godly 
 these  nations,  we  earnestly  desire  that  such  as  do  openly  "^'"^stry. 
 revile  them   or   their  assemblies,   or  disturb   them   in   the 
 worship  or  service  of  God  to  the  dishonour  of  God,  scandal 
 of  good  men,  or  breach  of  the  peace,   may  be  punished 
 according  to  law ;   and  where  the  laws  are  defective  that 
 
584  DOCUMENTS  ILLUSTRATIVE   OF  THE      [cxiii 
 
 1657.      your  highness  will  give  consent  to  such  laws  as  shall  be 
 
 made  in  that  behalf. 
 
 The  true  II.    That  the  true  Protestant  Christian  religion,  as  it  is 
 
 Protestant  contained  in  the  Holy  Scriptures  of  the  Old  and  New  Tes- 
 
 faith  to  be  j  r 
 
 professed    tament,  and  no  other,  be  held  forth  and  asserted  for  the 
 
 and  a  uni-  pu|j]i(.  profession  of  these  nations  ;  and  that  a  confession  of 
 
 form  con-     ^  ^ 
 
 fession        faith,  to  be  agreed  by  your  highness  and  the  Parliament, 
 
 drawn  up ;  according  to  the  rule  and  warrant  of  the  Scriptures,  be 
 asserted,  held  forth,  and  recommended  to  the  people  of 
 these  nations,  that  none  may  be  suffered  or  permitted,  by 
 opprobrious  words  or  writing,  maliciously  or  contemptuously 
 to  revile  or  reproach  the  confession  of  faith  to  be  agreed 
 
 but,  pro-     upon  as  aforesaid ;   and  such  who  profess  faith  in  God  the 
 
 vided  Father,  and  in  Jesus  Christ  His  eternal  Son,  the  true  God, 
 
 certain  t  j 
 
 essentials    and  in  the  Holy  Spirit,  God  coequal  with  the  Father  and 
 
 specified  ^^-^^  g^j^  ^^j^^  Qq^  blessed  for  ever,  and  do  acknowledge  the 
 be  held,  '  ° 
 
 divergence  Holy  Scriptures  of  the  Old  and  New  Testament  to  be  the 
 
 m  other  revealed  Will  and  Word  of  God,  and  shall  in  other  thinsrs 
 matters  to  '^ 
 
 be  per-        differ  in  doctrine,  worship,  or  discipline  from  the  public  pro- 
 
 mitted,        fession  held  forth,   endeavours  shall  be  used  to  convince 
 them  by  sound  doctrine  and  the  example  of  a  good  con- 
 versation ;  but  that  they  may  not  be  compelled  thereto  by 
 penalties,  nor  restrained  from  their  profession,  but  protected 
 from  all  injury  and  molestation  in  the  profession  of  the 
 faith  and  exercise  of  their  religion,  whilst  they  abuse  not  this 
 liberty  to  the  civil  injury  of  others,  or  the  disturbance  of  the 
 but  with     public  peace ;  so  that  this  liberty  be  not  extended  to  popery 
 reserva-      ^^  prelacy,  or  to  the  countenancing  such  who  publish  hor- 
 tion.  rible  blasphemies  or  practise  or  hold  forth  licentiousness  or 
 
 Ministers  profaneness  under  the  profession  of  Christ ;  and  that  those 
 allowed^to^  ministers  or  public  preachers  who  shall  agree  with  the 
 differ  in  public  profession  aforesaid  in  matters  of  faith,  although  in 
 amfdisci-  ^'^^^'^  judgment  and  practice  they  differ  in  matters  of  worship 
 pline  if  and  discipline,  shall  not  only  have  protection  in  the  way  of 
 indoctrinT  ^^^^^  churches  and  worship  respectively,  but  be  esteemed  fit 
 
cxiv]     HISTORY  OF  THE  ENGLISH  CHURCH  585 
 
 and  capable,  notwithstanding  such  difference  (being  other-  1657. 
 wise  duly  qualified  and  duly  approved),  of  any  trust,  pro- 
 motion, or  employment  whatsoever  in  these  nations,  that 
 any  ministers  who  agree  in  doctrine,  worship,  and  discipline 
 with  the  public  profession  aforesaid  are  capable  of;  and  all 
 others  who  agree  with  the  public  profession  in  matters  of 
 faith,  although  they  differ  in  matccrs  of  worship  and  disci- 
 pline as  aforesaid,  shall  not  only  have  protection  as  afore- 
 said, but  be  esteemed  fit  and  capable,  notwithstanding  such 
 difference  (being  otherwise  duly  quahfied),  of  any  civil  trust, 
 employment,  or  promotion  in  these  nations  :  but  for  such 
 persons  who  agree  not  in  matters  of  faith  with  the  public 
 profession  aforesaid,  they  shall  not  be  capable  of  receiving 
 the  public  maintenance  appointed  for  the  ministry. 
 
 Provided  that  this  clause  shall  not  be  construed  to  extend  Clerical 
 to  enable  such  ministers  or  public  preachers  or  pastors  of  ^disabilities 
 
 ^  ^  ^  are  not, 
 
 congregations ;  but  that  they  be  disenabled,  and  they  are  however, 
 
 hereby  disenabled,  to    hold   any  civil  employment  which  h^^^t)y 
 
 ,  rcpCciiGCi. 
 
 those   m    orders  were   or   are   disenabled  to  hold,   by  an 
 
 Act,  entitled:  'An  Act  for  disenabling  all  Persons  in  Holy 
 
 Orders  to  exercise  any  temporal  jurisdiction  or  authority.' 
 
 And  that  your  highness  will  give  your  consent  that  all  laws.  Laws  to 
 
 statutes,  ordinances,  and  clauses  in  any  law,  statute,  and^^^^°"', 
 
 •^  '  trary  to  be 
 
 ordmance,  so  far  as  they  are  contrary  to  the  aforesaid  liberty,  repealed. 
 
 be  repealed. 
 
 CXIV. 
 
 THE  DECLARATION  OF  BREDA,  a.  d.  1660. 
 
 The   following  declaration,    dated   by  King  Charles  II   at   Breda       1660 
 April  y*f,   1660,  was  read  in  the  House  of  Lords,  and  then  in  the 
 Commons  on  May  i. 
 
 [Transcr.  Journals  of  the  House  of  Lords,  vol.  xi.  p.  7,] 
 Charles  R. 
 
 Charles,  by  the  grace  of  God,  king  of  England,  Scotland,  All  men 
 France,    and    Ireland,   defender   of  the  faith,    &c.,  to  all  ^^^  surely 
 
 '  now  at  last 
 
586  DOCUMENTS  ILLUSTRATIVE   OF   THE     [cxiv 
 
 1G60.      our   loving   subjects,    of  what    degree    or    quality    soever, 
 
 desirous  of  greeting.     If  the  general  distraction  and  confusion  which 
 
 ^*^^^'^^         is  spread  over  the  whole  kingdom   doth   not   awaken   all 
 
 men   to  a  desire   and    longing   that   those  wounds   which 
 
 have  so  many  years  together  been  kept  bleeding,  may  be 
 
 bound  up,  all  we  can  say  will  be  to  no  purpose ;  however, 
 
 after   this    long  silence,  we  have  thought   it  our  duty  to 
 
 declare  how  much  we  desire  to  contribute  thereunto ;  and 
 
 that  as  we  can  never  give  over  the  hope,  in  good  time,  to 
 
 and  the       obtain  the  possession  of  that  right  which  God  and  nature 
 
 king,desir-  j^^^j^  made  our  due,  so  w^e  do  make  it  our  daily  suit  to  the 
 
 ingtocome  '  _       _  _     ■' 
 
 to  his  own  Divine  Providence,  that  He  will,  in  compassion  to  us  and 
 peacea  y,  ^^^  subjects  after  so  long  misery  and  sufferings,  remit  and 
 sure  peace  put  US  into  a  quiet  and  peaceable  possession  of  that  our 
 when  he     Y'm]^\.,  with  as  little  blood  and  damasre  to  our  people  as  is 
 
 comes,  o     '  .  . 
 
 possible ;  nor  do  we  desire  more  to  enjoy  what  is  ours_, 
 than  that  all  our  subjects  may  enjoy  what  by  law  is  theirs, 
 by  a  full  and  entire  administration  of  justice  throughout 
 the  land,  and  by  extending  our  mercy  where  it  is  wanted 
 and  deserved. 
 
 And  to  the  end  that  the  fear  of  punishment  may  not 
 
 engage  any,  conscious  to  themselves  of  what  is  past,  to 
 
 a  perseverance  in  guilt  for  the  future,  by  opposing  the  quiet 
 
 and  happiness  of  their  country,  in  the  restoration  both  of 
 
 king,  peers,  and  people  to  their  just,  ancient,  and  funda- 
 
 grants  full  mental  rights,  we  do,  by  these  presents,  declare  that  we  do 
 
 alTwTo  °    gi'ai^t  a  free  and  general  pardon,  which  we  are  ready,  upon 
 
 claim  it       demand,  to  pass  under  our  great  seal  of  England,  to  all 
 
 forty  days  ^^^  Subjects,  of  what  degree  or  quality  soever,  who,  within 
 
 forty  days  after  the  publishing  hereof,  shall  lay  hold  upon 
 
 this   our  grace  and  favour,  and   shall,  by  any  public  act, 
 
 declare  their  doing  so,  and  that  they  return  to  the  loyalty 
 
 save  such    and   obedience    of   good    subjects ;    excepting    only    such 
 
 asFarha-    po^-sons  as  shall  hereafter  be  excepted  by  Parliament. 
 
 ment  shall    ^  tr  j 
 
 except,  Those  only  excepted,   let   all    our   subjects,   how  faulty 
 
cxiv]      HISTORY  OF  THE   ENGLISH  CHURCH  587 
 
 soever,  rely  upon  the  word  of  a  king,  solemnly  given  by      1660. 
 this  present  declaration,  that  no   crime  whatsoever,   com-  ^"<^  this  no 
 
 .        matter 
 
 mitted  against  us  or  our  royal  father  before  the  publication  what 
 of  this,   shall    ever   rise    in   judgment,   or    be   brought   in  crimes 
 
 have  been 
 
 question,  against  any  of  them,  to  the  least  endamagement  committed 
 of  them,  either  in  their  lives,  liberties,  or  estates,  or  (as  far  against  tiie 
 
 kin"" 
 
 forth  as  lies  in  our  power)  so  much  as  to  the  prejudice  of 
 their  reputations,  by  any  reproach   or  term  of  distinction 
 from  the  rest  of  our  best  subjects ;  we  desiring  and  ordain-  whilst  a 
 ing  that  henceforward  all  notes  of  discord,  separation,  and  ^^^^^  shah 
 difference  of  parties  be  utterly  abolished   among  all  our  secure 
 subjects,  whom  we  invite  and  conjure  to  a  perfect  union  J^^^fi^^f  ,^^ 
 among  themselves,  under  our  protection,  for  the  resettle- 
 ment  of  our    just    rights    and    theirs    in    a    free    Parlia- 
 ment,  by   which,  upon   the    word  of  a  king,    we   will   be 
 advised. 
 
 And   because   the  passion  and   uncharitableness  of  the  Moreover 
 times  have  produced  several  opinions  in  religion,  by  which  "^^'''^3^  °^ 
 
 ^  ^  o        7      y  conscience 
 
 men  are  engaged  in  parties  and  animosities  against  each  is  granted 
 other  (which,  when  they  shall  hereafter  unite  in  a  freedom  ^^^^^tters 
 
 ^  '  •'  not  affect- 
 
 of  conversation,  will  be  composed  or  better  understood),  ing  the 
 
 we  do  declare  a  liberty  to  tender  consciences,  and  that  no  P,^^*:^  °* 
 
 ■'  '  the  king- 
 
 man  shall  be  disquieted  or  called  in  question  for  differ-  dom,  to  be 
 
 ences  of  opinion  in  matter  of  religion,  which  do  not  disturb  p'^t)od'ed 
 
 ^  o        '  in  an  Act 
 
 the  peace  of  the  kingdom;  and  that  we  shall  be  ready  to  of  Patlia- 
 
 consent  to   such    an  Act  of  Parliament  as,   upon  mature  "^^'^t- 
 
 deliberation,  shall  be   offered   to   us,  for  the  full  granting 
 
 that  indulgence. 
 
 And  because,  in  the  continued  distractions  of  so  many  All  dis- 
 
 years,  and  so  many  and  great  revolutions,  many  grants  and  P"^^^ 
 
 property 
 purchases    of  estates    have    been    made  to  and  by  many  titles 
 
 officers,  soldiers  and  others,  who  are  now  possessed  of  the  shall  be  de- 
 
 ,  1       T   1  1  •  ,  termined 
 
 same,  and  who  may  be  liable  to  actions  at  law  upon  several  in  Parlia- 
 titles,  we  are  likewise  willing  that  all  such  differences,  and  "^^•^'^> 
 all  things  relating  to  such  grants,  sales,  and  purchases,  shall 
 
588 
 
 DOCUMENTS   ILLUSTRATIVE   OF   THE       [cxv 
 
 IGGO.      be  determined  in  Parliament,  which  can  best  provide  for 
 
 the  just  satisfaction  of  all  men  who  are  concerned. 
 
 and  also  And  we  do   further  declare    that  we  will    be    ready  to 
 
 Monk""^'  °^  consent  to  any  Act  or  Acts  of  Parliament  to  the  purposes 
 
 soldiers,      aforesaid,  and  for  the  full  satisfaction  of  all   arrears  due 
 
 to  the  officers  and  soldiers  of  the  army  under  the  command 
 
 of  General   Monk ;    and  that  they  shall  be  received  into 
 
 our  service  upon  as  good  pay  and  conditions  as  they  now 
 
 enjoy. 
 
 Given  under  our  sign  manual  and  privy  signet,  at  our 
 Court  at  Breda,  this  y^-  day  of  April,  1660,  in  the  twelfth 
 year  of  our  reign. 
 
 IG6I. 
 
 In  accord- 
 ance with 
 promise, 
 
 the  king 
 issues  a 
 commis- 
 sion to 
 certain 
 persons 
 specified, 
 of  both 
 persua- 
 sions, 
 
 CXV. 
 
 ORDER  FOR  THE  SAVOY  CONFERENCE, 
 A.D.    1661. 
 
 The  following  document  is  given  by  Wilkins  (iv.  570)  on  the 
 authority  of  a  manuscript  '  penes  Tho.  Tanner,  Episc.  Assaven.' 
 The  conference  was  held  in  April,  1661. 
 
 A  confere?ice  held  by  the  king's  order  at  the  Savoy  in  London^ 
 between  several  bishops  and  clergy ??ien  of  the  Church  of 
 England  and  some  Presbyterian  ministers,  about  revieiving 
 the  liturgy. 
 
 His  majesty  having  promised  in  his  declaration  that  the 
 liturgy  should  be  reviewed,  in  order  to  have  it  further 
 accommodated  to  a  general  satisfaction,  granted  a  com- 
 mission to  several  persons  of  each  persuasion  for  this 
 purpose,  the  tenor  of  which  is  as  follows  :  Charles  H, 
 by  the  grace  of  God,  king  of  England,  Scotland,  France, 
 and  Ireland,  defender  of  the  faith,  &c.,  to  our  trusty  and 
 well  beloved,  the  most  reverend  father  in  God,  Accepted, 
 archbishop  of  York,  the  right  reverend  fathers  in  God, 
 Gilbert,    bishop    of    London,    John,    bishop    of   Durham, 
 
cxv]     HISTORY  OF   THE  ENGLISH  CHURCH  589 
 
 John,  bishop  of  Rochester,  Henry,  bishop  of  Chichester,       1C61. 
 Humphrey,  bishop  of  Sarum,  George,  bishop  of  Worcester, 
 Robert,    bishop   of  Lincoln,   Benjamin,  bishop   of    Peter- 
 borough,   Bryan,   bishop   of   Chester,    Richard,   bishop   of 
 CarHsle,  John,  bishop  of  Exeter,  Edward,  bishop  of  Nor- 
 wich;   and  to  our  trusty  and  well  beloved,   the  reverend 
 Anthony  Tuckney,  doctor  in  divinity,  John  Conant,  doctor 
 in    divinity,   William    Spurstow,   doctor   in    divinity,    John 
 Wallis,    doctor    in    divinity,    Thomas    Manton,    doctor   in 
 divinity,   Edmund  Calamy,   bachelor  in  divinity,  Richard 
 Baxter,  clerk,  Arthur  Jackson,  Thomas  Case,  Samuel  Clerk, 
 Matthew  Newcomen,  clerks ;    and  to  our  trusty  and  well 
 beloved,  Doctor  Earles,  dean  of  Westminster,  Peter  Heylin, 
 doctor  in  divinity,  John  Hackett,  doctor  in  divinity,  John 
 Barwick,    doctor    in    divinity,    Peter   Gunning,    doctor    in 
 divinity,  John  Pearson,  doctor  in  divinity,  Thomas  Pierce, 
 doctor  in  divinity,   Anthony   Sparrow,   doctor  in   divinity, 
 Herbert  Thorndike,  bachelor  in  divinity,  Thomas  Horton, 
 doctor  in   divinity,  Thomas  Jacombe,   doctor  in  divinity, 
 William    Bate,   John   Rawlinson,    clerks,   William   Cooper, 
 clerk.  Doctor  John  Lightfoot,  Doctor  John  Collins,  Doctor 
 Benjamin  Woodbridge,  and  William  Drake,  clerk,  greeting. 
 Whereas  by  our  declaration  of  the  25th  of  October  last, 
 concerning   ecclesiastical   affairs,    we   did,    amongst    other 
 things,   express  our  esteem  of  the  liturgy  of  the  Church 
 of  England,  contained   in  the  Book  of  Common  Prayer ; 
 and  yet,  since  we  find  some  exceptions  made  against  several 
 things  therein,  we  did  by  our  said  declaration  declare  we 
 would  appoint  an  equal  number  of  learned  divines  of  both  who  shall 
 persuasions  to  review  the  same,  and  to  make  such  altera-  ^^^^^^  the 
 tions  therein  as  should  be  thought  most  necessary,   and  Book, 
 some  additional  forms  in  the  scripture  phrase,  as  near  as 
 might   be  suited  unto  the  nature  of  the  several  parts   of 
 worship ;  we  therefore,  in  accomplishment  of  our  said  will 
 and  intent;  and  of  our  continued  and  constant  care  and 
 
590  DOCUMENTS  ILLUSTRATIVE  OF  THE     [cxv 
 
 1661.      study  for  the  peace  and  unity  of  the  churches  within  our 
 dominions,  and  for  the  removal  of  all  exceptions  and  differ- 
 ences, and  the  occasions  of  such  differences  and  exceptions 
 from  amongst  our  good  subjects,  for  or  concerning  the  said 
 Book  of  Common  Prayer,  or  anything  therein  contained, 
 do  by  these  our  letters  patent  require,  authorize,  constitute, 
 Wherefore  and  appoint  you  the  said  Accepted,  archbishop  of  York, 
 divines  are  ^i^^ert,  bishop  of  London,  John,  bishop  of  Durham,  John, 
 hereby        bishop  of  Rochester,   Henry,  bishop  of  Chichester,   Hum- 
 appoin  e     pi-^-ey,    bishop    of  Sarum,    George,    bishop    of  Worcester, 
 Robert,   bishop   of   Lincoln,   Benjamin,    bishop    of  Peter- 
 borough,   Bryan,    bishop    of  Chester,   Richard,   bishop  of 
 Carlisle,  John,  bishop  of  Exeter,  Edward,  bishop  of  Nor- 
 wich, Anthony  Tuckney,  John  Conant,  William  Spurstow, 
 John  Wallis,  Thomas  Manton,  Edmund  Calamy,  Richard 
 Baxter,  Arthur  Jackson,  Thomas  Case,  Samuel  Clerk,  and 
 to  revise     Matthew  Newcomen,  to  advise  upon  and  review  the  said 
 
 the  Pr3vpi' 
 
 Book  on      Book  of  Common   Prayer,  comparing  the  same  with  the 
 lines  laid     most  ancient  liturgies  which  have  been  used  in  the  Church 
 
 down,  .         ,  .     .  .  ,  .  ,  ,  , 
 
 m   the   prmiitive   and   purest   times ;  and  to  that  end  to 
 place  and    assemble  and  meet  together,  from  time  to  time  and  at  such 
 
 time  being     .  ....  .    -  ,        ,  , 
 
 fixed  tmies,  withm  the  space  of  four  calendar  months  now  next 
 
 ensuing,  and  in  the  master's  lodging  in  the  Savoy  in  the 
 Strand,  in  the  county  of  Middlesex,  or  in  such  other  place 
 or  places  as  to  you  shall  be  thought  fit  and  convenient, 
 to  take  into  your  serious  and  grave  considerations  the 
 several  directions  and  rules,  forms  of  prayer,  and  things 
 in  the  said  Book  of  Common  Prayer  contained,  and  to 
 advise  and  consult  upon  and  about  the  same,  and  the 
 several  objections  and  exceptions  which  shall  now  be  raised 
 against  the  same.  And  if  occasion  be,  to  make  such 
 reasonable  and  necessary  alterations,  corrections,  and 
 amendments  therein  as  by  and  between  you  the  said  arch- 
 bishop, bishops,  doctors,  and  persons  hereby  required  and 
 authorized  to  meet  and  advise  as  aforesaid  shall  be  agreed 
 
cxv]      HISTORY  OF  THE  ENGLISH   CHURCH  591 
 
 upon  to  be  needful  or  expedient  for  the  giving  satisfaction      1661. 
 to  tender  consciences  and  the  restoring  and  continuance  of  ^"^^^° 
 peace  and  unity  in  the  churches  under  our  protection  and  changes  in 
 government ;    but  avoiding,  as    much    as  may  be,  all  un-  '^g^j^^^J-^^' 
 necessary  abbreviations  of  the  forms  and  liturgy,  wherewith  peace, 
 the  people  are  already  acquainted  and  have  so  long  received 
 in  the  Church  of  England.      And  our  will  and  pleasure 
 is,  that  when  you  the  said  archbishop,    bishops,   doctors, 
 and  persons  authorized  and  appointed  by  these  our  letters 
 patent  to  meet,  advise,  and  consult  upon  and  about  the 
 premises  as  aforesaid,  shall  have  drawn  your  consultations 
 to  any  resolution  and  determination  which  you  shall  agree 
 upon  as  needful  and  expedient  to  be  done  for  the  altering, 
 diminishing,  or  enlarging  the  said  Book  of  Common  Prayer,  whichshall 
 or  any  part  thereof,  that  then  you  forthwith  certify  and  pre-      ^^"^  ^^ 
 sent  unto    us    in  writing,   under  your  several    hands,   the  the  king, 
 matters  and  things  whereupon  you  shall  so  determine,  for 
 our  approbation,  and  to  the  end  the  same,  or  so    much 
 thereof  as  shall  be  approved  by  us,  may  be  established. 
 And  forasmuch  as  the  said  archbishop  and  bishops,  having 
 several  great  charges  to  attend,  which  we  would  not  dispense 
 with,  or  that  the  same  should  be  neglected  upon  any  great 
 occasion  whatsoever,  and  some  of  them,  being  of  great  age 
 and  infirmities,  may  not  be  able  constantly  to  attend  the 
 execution  of  the  service  and  authority  thereby  given  and 
 required  by  us  in  the  meetings  and  consultations  aforesaid ; 
 we  will  therefore,  and  do  hereby  require  and  authorize  you,  Substi- 
 the  said  Doctor  Earles,  Peter  Heylin,  John  Hackett,  John  tutes  are 
 
 '  ./       '  -I  ^  J  appointed 
 
 Barwick,  Peter  Gunning,  John   Pearson,   Thomas    Pierce,  for  certain 
 Anthony  Sparrow,  and  Herbert  Thorndike,  to  supply  the  p!  ^^^    . 
 
 •'       ^  '  J  I  1   y  bishops  in 
 
 place  or  places  of  such  of  the  said  archbishop  and  bishops  their 
 (other  than  the  said  Edward,  bishop  of  Norwich)  as  shall  by  absence, 
 age,  sickness,  infirmity,  or  other  occasion,  be  hindered  from 
 attending  the  said  meetings  or  consultations ;  that  is  to  say, 
 that  one  of  you,  the  said  Doctor  Earles,  Peter  Heylin,  John 
 
DOCUMENTS  ILLUSTRATIVE   OF   THE      [cxv 
 
 powers, 
 
 1661.  Ilackett,  John  Baiwick,  Peter  Gunning,  John  Pearson, 
 Thomas  Pierce,  Anthony  Sparrow,  and  Herbert  Thorndike, 
 shall  from  time  to  time  supply  the  place  of  each  one  of 
 them  the  said  archbishop  and  bishops,  other  than  the  said 
 Edward,  bishop  of  Norwich,  which  shall  happen  to  be 
 hindered,  or  to  be  absent  from  the  said  meetings  or  con- 
 with  equal  sultations ;  and  shall  and  may  advise,  consult,  and  determine, 
 and  also  certify  and  execute  all  and  singular  the  powers 
 and  authorities  before  mentioned,  in  and  about  the  pre- 
 mises, as  fully  and  absolutely  as  such  archbishop  or  bishops, 
 v/hich  shall  so  happen  to  be  absent,  should  or  might  do  by 
 virtue  of  these  our  letters  patent,  or  anything  therein  con- 
 tained, in  case  he  or  they  were  personally  present.  And 
 whereas  in  regard  of  the  distance  of  some,  the  infirmity  of 
 others,  the  multitude  of  constant  employments,  and  other 
 incidental  impediments,  some  of  you,  the  said  Edward, 
 bishop  of  Norwich,  Anthony  Tuckney,  John  Conant, 
 William  Spurstow,  John  Wallis,  Thomas  Manton,  Edmund 
 Calamy,  Richard  Baxter,  Arthur  Jackson,  Thomas  Case, 
 Samuel  Clerk,  and  Matthew  Newcomen,  may  be  hindered 
 from  the  constant  attendance  in  the  execution  of  the  service 
 aforesaid ;  we  therefore  will,  and  do  hereby  require  and 
 authorize  you,  the  said  Thomas  Horton,  Thomas  Jacombe, 
 William  Bate,  John  RawHnson,  William  Cooper,  John 
 Lightfoot,  John  Collins,  Benjamin  Woodbridge,  and  Wil- 
 liam Drake,  to  supply  the  place  or  places  of  such  of  the 
 commissioners  last  above  mentioned,  as  shall  by  the  means 
 aforesaid  or  any  other  occasion  be  hindered  from  the  said 
 meetings  and  consultations;  that  is  to  say,  that  one  of  you,  the 
 said  Thomas  Horton,  Thomas  Jacombe,  William  Bale,  John 
 Rawlinson,  William  Cooper,  Doctor  Lightfoot,  Doctor  Collins, 
 Doctor  Woodbridge,  and  William  Drake  shall  from  time  to 
 time  supply  the  place  of  each  one  of  the  said  commissioners 
 last  mentioned,  which  shall  happen  to  be  hindered  or  absent 
 from  the  said  meetings  and  consultations;  and  shall  and 
 
 and  like- 
 wise for 
 the  Puri- 
 tan side. 
 
cxv]      HISTORY  OF  THE  ENGLISH  CHURCH  593 
 
 may  advise,  consult,  and  determine,  and  also  certify  and  1661. 
 execute  all  and  singular  the  powers  and  authorities  before 
 mentioned,  in  and  about  the  premises,  as  fully  and  abso- 
 lutely as  such  of  the  said  last-mentioned  commissioners, 
 which  shall  so  happen  to  be  absent,  should  or  might  do, 
 by  virtue  of  these  our  letters  patent,  or  anything  therein 
 contained,  in  case  he  or  they  were  personally  present.  In 
 witness  whereof  we  have  caused  these  our  letters  to  be 
 made  patents.  Witness  ourself  at  Westminster  the  twenty- 
 first  day  of  March  in  the  thirteenth  year  of  our  reign.  Fer 
 ipsmn  rege??i. 
 
 The  commissioners  appointed  being  met  at  the  Bishop  The  objec- 
 of  London's  lodgings  in  the  Savoy,  he  acquainted  the  tj°i"vered 
 Presbyterian  ministers  that,  the  conference  for  making 
 alterations  in  the  liturgy  being  requested  by  themselves, 
 nothing  could  be  done  till  they  had  delivered  their  excep- 
 tions in  writing,  together  with  the  additional  forms  and 
 alterations  which  they  desired.  Hereupon  a  paper  con- 
 taining exceptions  against  several  parts  of  the  rubric,  and 
 the  offices  of  Common  Prayer,  the  use  of  the  surplice, 
 the  sign  of  the  cross,  kneeling  at  the  Lord's  Supper, 
 the  religious  observation  of  Lent  and  saints'  days,  and 
 several  other  things  of  the  like  nature,  enjoined  in  the 
 liturgy,  was  laid  before  the  bishops ;  in  which  they  moved 
 '  that  the  prayers  and  other  materials  of  the  liturgy  might 
 not  be  clogged  with  anything  that  was  doubtful,  or  ques- 
 tioned among  pious,  learned,  and  orthodox  men ;  and  that 
 those  parts  of  it  which  impose  any  ceremonies,  particularly 
 the  surplice,  the  sign  of  the  cross,  and  kneeling,  might  be 
 abrogated.' 
 
 To  these  several  objections  and  demands  the  Church  and 
 
 commissioners  returned   distinct  answers,   and  also  made  ^"swers 
 
 '  are  given, 
 
 concessions,  which  the  Presbyterians  would  not  accept  of. 
 At  the  expiration  of  the  commission  it  was  mutually  agreed 
 that  the  report  of  the  conference  should  be  delivered  to 
 
 Qq 
 
594  DOCUMENTS  ILLUSTRATIVE   OF  THE       [cxv 
 
 1G61.  the  king  in  writing,  and  that  each  party  should  give  in  this 
 general  account  :  '  That  the  Church's  welfare,  that  unity 
 and  peace,  and  his  majesty's  satisfaction,  were  ends  upon 
 which   they  were   all    agreed  ;    but  as   to  the  means,  they 
 
 but  unani-  could  not  come  to  any  harmony.'     And  thus  the  conference 
 
 secured"°'^  ended  without  any  accommodation. 
 
 CXVI. 
 
 THE  CORPORATION  ACT,  a.  d.  1661. 
 13  Charles  II,  stat.  2,  cap.   1. 
 
 ]661.  This  Act   received  the   royal   assent  in   May,   i66i.     During  the 
 
 eighteenth  century  it  had  become  more  or  less  inoperative,  and 
 in  1787  Fox  moved  its  repeal  along  with  that  of  the  Test  Act 
 {post,  No.  CXX)  ;  his  motion,  however,  w^as  defeated  by  294  to 
 105.  Both  these  Acts  were  repealed  by  Lord  John  Russell's  Act 
 of  1828. 
 
 [Transcr,  Statutes  of  the  Realm,  v.  p.  321.] 
 
 Whereas  questions  are  likely  to  arise  concerning  the 
 validity  of  elections  of  magistrates,  and  other  officers  and 
 members  in  corporations,  as  well  in  respect  of  removing 
 some,  as  placing  others,  during  the  late  troubles^  contrary 
 to  the  true  intent  and  meaning  of  their  charters  and 
 liberties ;  and  to  the  end  that  the  succession  in  such 
 corporations  may  be  most  probably  perpetuated  in  the 
 hands  of  persons  well  affected  to  his  majesty  and  the 
 established  government,  it  being  too  well  known  that,  not- 
 withstanding all  his  majesty's  endeavours  and  unparalleled 
 indulgence  in  pardoning  all  that  is  past,  nevertheless  many 
 evil  spirits  are  still  working  : 
 
 Wherefore  for  prevention  of  the  like  mischief  for  the  time 
 to  come,  and  for  preservation  of  the  public  peace  both  in 
 executing  Church  and  State,  be  it  enacted  by  the  king's  most  excel- 
 England  ^"  ^^"^  majesty,  by  and  with  the  advice  and  consent  of  the 
 
cxvi]     HISTORY  OF  THE  ENGLISH  CHURCH  595 
 
 Lords  spiritual  and  temporal,  and  Commons,  assembled  in  1661. 
 Parliament,  and  by  the  authority  of  the  same,  that  com-  Wales  and 
 missions  shall  before  the  twentieth  day  of  February  next 
 be  issued  forth  under  the  great  seal  of  England,  unto  such 
 persons  as  his  majesty  shall  appoint  for  the  executing  [of] 
 the  powers  and  authorities  hereinafter  expressed ;  and  that 
 all  and  every  the  persons  to  be  named  commissioners  in 
 the  said  commissions  respectively,  shall  by  virtue  of  this 
 Act  be  commissioners  respectively,  for  and  within  the 
 several  cities,  corporations  and  boroughs,  and  Cinque  ports 
 and  their  members,  and  other  port-towns  within  the  kingdom 
 of  England,  dominion  of  Wales,  and  town  of  Berwick-upon- 
 Tweed,  for  which  they  shall  be  respectively  nominated  and 
 appointed. 
 
 And   be  it  further  enacted  by  the  authority  aforesaid,  Corpora- 
 that  no  charter  of  any  corporation,  cities,  towns,  boroughs,  ^^^^ 
 Cinque  ports  and  their  members,  and  other  port-towns  in  not  to  be 
 
 En^^land  or  Wales,  or  town  of  Berwick-upon-Tweed,  shall  avoided  by 
 
 •  1  •  ^     ^    r  i  rcason  of 
 
 at  any  tniie  hereafter  be  avoided,  for  or  by  reason  of  any  anything 
 
 act  or  thing  done,  or  omitted  to  be  done,  before  the  first  ^^^^  ^^ 
 
 omitted, 
 day  of  this  present  Parliament. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid.  Mayors 
 
 that  all  persons  who  upon   the  four-and-twentieth  day  of  ^"^  p^'^^i" 
 
 December,    1661,    shall   be   mayors,    aldermen,    recorders,  trates  to 
 
 bailiffs,     town-clerks,     common    council-men,     and     other  ^^^^  ^"d 
 
 persons  then  bearing  any  office  or  offices  of  magistracy,  to  the 
 
 or  places,  or  trusts,  or  other  employment   relating  to    or  oaths  of 
 
 1  r     1  •  1  ...        allegiance 
 
 concerning  the  government  of  the  said  respective  cities,  and  supre- 
 
 corporations  and   boroughs,   and  Cinque  ports  and    their  macy. 
 
 members,  and   other  port-towns,  shall  at  any  time  before 
 
 the  five-and-twentieth  day  of  March,  1663,  when  they  shall 
 
 be  thereunto  required  by  the  said  respective  commissioners 
 
 or  any  three  or  more  of  them,  take  the  oaths  of  allegiance 
 
 and  supremacy,  and  this  oath  following : 
 
 '  I,  A.  B.,  do  declare  and  believe  that  it  is  not  lawful, 
 
 Q  q  2 
 
596  DOCUMENTS  ILLUSTRATIVE   OF   THE     [cxvi 
 
 1661.  upon  any  pretence  whatsoever,  to  take  arms  against  the 
 Form  of  king ;  and  that  I  do  abhor  that  traitorous  position  of  taking 
 betaken.     ^^^^^^  by  his  authority  against  his  person,  or  against  those 
 
 that  are  commissioned  by  him :  so  help  me  God.' 
 
 And   also   at   the   same   time    shall   publicly  subscribe, 
 
 before  the  said  commissioners  or  any  three  of  them,  this 
 
 following  declaration : 
 Form  of  '  I,    A.  B.,  do  declare  that   I   hold  that   there   lies  no 
 
 raUoif  to^'   ol^^ig-'ition   upon  me  or  any  other  person,  from  the   oath 
 be  sub-       commonly  called  the  Solemn  League  and  Covenant ;    and 
 
 that  the  same  was  in  itself  an  unlawful  oath,  and  imposed 
 
 upon  the  subjects  of  this  realm  against  the  known  laws  and 
 
 liberties  of  the  kingdom.' 
 Those  who      And   that  all    such   of  the  said  mayors  and  other  the 
 
 rciusc  tliG 
 
 oaths  to  be  Persons  aforesaid,  by  whom  the  said  oaths  are  to  be  taken, 
 removed,    and  declaration  subscribed  as  aforesaid,  who  shall  refuse 
 to  take  and   subscribe  the   same  within   the   time  and  in 
 manner  aforesaid,  shall,  from  and  immediately  after  such 
 refusal,  be  by  authority  of  this  Act  {ipso  facto)  removed  and 
 displaced  of  and  from  the  said  offices  and  places  respec- 
 tively ;    and  the  said  offices  and   places,  from  and   imme- 
 diately after  such  refusal,  shall  be  and  are  hereby  declared 
 and  adjudged  to  be  void  to  all  intents  and  purposes,  as  if 
 the  said  respective  persons  so  refusing  were  naturally  dead. 
 Power  of        And  nevertheless,  be  it  further  enacted  by  the  authority 
 g^^°^^^^^^  aforesaid,  that  the  said  commissioners,  or  any  five  or  more 
 persons,      of  them,  shall  have  full  power  by  virtue  of  this  Act,  by  order 
 thefr^^        and  warrant  under  their  hands  and  seals,  to  displace  or 
 wilhng-       remove  any  of  the  persons  aforesaid  from  the  said  respec- 
 tTke  oaths  ^^^^  offices  and  places  or  trusts  aforesaid,  if  the  said  com- 
 vested  in  '  missioners,  or  the  major  part  of  them  then  present,  shall 
 missbm^'rs  ^^^^^^    ^^   expedient   for   the   public   safety,  although  such 
 persons  shall  have  taken  and  subscribed,  or  be  willing  to 
 take  and  subscribe,  the  said  oaths  and  declaration. 
 
 And  be  it  also  enacted,   that  the  said  respective  com- 
 
cxvi]      HISTORY  OF  THE  ENGLISH  CHURCH  597 
 
 missioners,  or  any  five  or  more  of  them  as  aforesaid,  shall      1661. 
 have  power  to  restore  such  person  or  persons  as  have  been  Their 
 illegally  or  unduly  removed,  into  the  places  out  of  which  restore 
 he  or  they  were  removed ;  and  also  to  put  and  place  into  ^"y  magis- 
 the  offices  and  places  which  by  any  of  the  ways  aforesaid  july  re- 
 shall  be  void  respectively,  some  other  person  or  persons  moved, 
 then  being  or  which  have  been  members  or  inhabitants  of 
 the  said  respective  cities,  corporations  and  boroughs,  and 
 Cinque  ports   and   their  members,  and    other   port-towns, 
 who  shall  before  the  said  respective  commissioners^  or  any 
 three  or  more  of  them,  take  the  said  oaths  of  obedience 
 and  supremacy,  and  the  said  other  oath,  and  subscribe  the 
 declaration  hereinbefore  particularly  mentioned;  and  that 
 the  said  persons  from  and  after  the  taking  of  the  said  oaths, 
 and  subscribing  the  said  declaration,  shall  hold  and  enjoy, 
 and  be  vested  in,  the  said  places  and  offices,  as  if  they  had 
 been  duly  elected  and  chosen   according  to  the  charters 
 and  former  usages  of  the  said  respective  cities,  corporations 
 and  boroughs.  Cinque  ports  and  their  members,  and  other 
 port-towns. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid,  that  The  com- 
 
 the  said  respective  commissioners,  or  any  three  or  more  "^issi°i^^'"s 
 i  '  ■'  empower- 
 
 of  them  respectively,   shall  have  power,   during   the  con-  ed  to  ad- 
 tinuance  of  their  respective  commissions,  to  administer  the  !^''^^^*'fu 
 oaths  aforesaid,  and  tender  the  said  declaration,  to  the  said 
 persons  hereby  required  to  take  and  subscribe  the  same ; 
 and  from  and  after  the  expiration  of  the  said  respective  How  these 
 commissions,   the    said    three   oaths   and  declaration  shall  ^^^  \°. 
 
 adminis- 
 
 be  from  time  to  time  administered  and  tendered  to  such  tered  after 
 person  and  persons  who,  by  the  true  meaning  of  this  Act  the  termi- 
 or  any  clause  therein  contained,  are  to  take  the  same,  by  their  com- 
 such  person  or  persons  respectively,  who  by  the  charters  "^^ssion. 
 or  usages   of  the  said  respective  cities,   corporations  and 
 boroughs,  and  Cinque  ports  and  their  members,  and  other 
 port-towns,  ought  to  administer  the  oath  for  due  executing 
 
598  DOCUMENTS  ILLUSTRATIVE   OF  THE     [cxvi 
 
 1G61.  the  said  places  or  offices  respectively;  and  in  default  of 
 such,  by  two  justices  of  the  peace  of  the  said  cities,  cor- 
 porations and  boroughs,  and  Cinque  ports  and  their  mem- 
 bers, and  other  port-towns,  for  the  time  being,  if  any  such 
 there  be,  or  otherwise  by  two  justices  of  the  peace  for  the 
 time  being,  of  the  respective  counties  where  the  said  cities, 
 corporations  or  boroughs,  or  Cinque  ports,  or  their  members, 
 or  other  port-towns  are. 
 The  com-  And  be  it  likewise  enacted  by  the  authority  aforesaid, 
 missioners  ^|^^j.   j.|^g   g^-^  commissioners,   iustices  of  the  peace,   and 
 
 to  keep  a  •'  ^  . 
 
 record  of    Other  persons   hereby  authorized    to   administer  the   said 
 the  oaths    Qr^([^^  and  tender  the   said   declaration  respectively,  shall 
 
 adminis-  ,  l  j  > 
 
 tered,  and  cause  memorandums  or  entries  to   be  made  of  all  oaths 
 
 give  It  to    |-a]^gj^  before  them,   and  subscriptions  made  as  aforesaid, 
 the  town-  '  ^ 
 
 clerk,  &c.  and  deliver  the  same  once  in  a  year  to  the  respective  town- 
 clerks  or  other  register  or  clerk  of  the  said  respective  cities, 
 corporations  and  boroughs,  and  Cinque  ports  and  their 
 members,  and  other  port-towns,  who  shall  cause  the  same 
 to  be  fairly  entered  into  the  books  or  registers  belonging 
 to  the  said  respective  cities,  corporations  or  boroughs,  or 
 Cinque  ports  and  their  members,  or  other  port-towns. 
 None  to  Provided  also,  and  be  it  enacted  by  the  authority  afore- 
 
 be  a  magis-  g^j^j   ^^^r^^  fj-Q^-^-^  ^^^  ^^^^^  ^]^q  expiration  of  the  said  com- 
 trate  un-  .     .  ,     i,    r  i  r        i_ 
 
 less  he        missions,  no  person  or  persons  shall  tor  ever  hereaiter  be 
 
 take  the      placed,  elected,  or  chosen,  in  or  to  any  the  offices  or  places 
 oaths  and    i"  '  '  '  J  ^ 
 
 receive  the  aforesaid,  that  shall  not  have,  within  one  year  next  before 
 
 Sacrament,  ^^^.\-y  election  or  choice,  taken  the  Sacrament  of  the  Lord's 
 Further  r  -r-      i       j 
 
 provisions  Supper,  according  to  the  rites  of  the  Church  of  England ; 
 
 relating      ^nd  that  every  such  person  and  persons  so  placed,  elected, 
 
 or  chosen,   shall  likewise  take  the  aforesaid  three  oaths, 
 
 and  subscribe  the  said  declaration,  at  the  same  time  when 
 
 the  oath   for   the    due    execution   of  the  said  places  and 
 
 offices  respectively  shall  be  administered ;    and  in  default 
 
 hereof,  every  such  placing,  election,  and  choice  is  hereby 
 
 enacted  and  declared  to  be  void. 
 
cxvi]      HISTORY  OF  THE  ENGLISH  CHURCH  599 
 
 Provided  always,  and  be  it  enacted,  that  every  person      1661. 
 who  shall  be  placed  in  any  corporation  by  virtue  of  this  ^^^  usual 
 Act,  shall  upon  his  admission  take  the  oath  or  oaths  usually 
 taken  by  the  members  of  such  corporation. 
 
 Provided  also,  and  be  it  hereby  enacted,  that  the  powers  Duration 
 
 granted  to  the  commissioners  by  virtue  of  this  Act,  shall  °^^"^. 
 *^  _  _  commis- 
 
 continue  and  be   in  force   until   the  five-and-twentieth   of  sioners' 
 March,  1663,  and  no  longer.  powers. 
 
 Provided  that  if  any  action,  bill,  plaint,  or  suit  shall  at  Commis- 
 any  time  hereafter  happen  to  be  brought  or  commenced  ^^°"/^^ 
 
 ■'  ^'-  ^       ^  sued  msiy 
 
 against  any  person  or  persons  nominated  a  commissioner  plead  the 
 as  aforesaid,   for  any  matter  or  thing  by  them  or  any  of  P"^^^^ 
 
 ^  •'  .  issue  and 
 
 them  done  by  virtue  or  in  pursuance  of  this  Act,  that  then  recover 
 it  shall  be  lawful  to  and  for  every  such  person  and  persons  ^^'"^'^'^ 
 against  whom  such  action,  bill,  plaint,  or  suit  shall  be 
 brought  or  commenced,  to  plead  the  general  issue,  and 
 to  give  this  Act  or  any  other  special  matter  in  evidence ; 
 and  if  the  verdict  shall  pass  with  the  defendant  or  de- 
 fendants in  any  such  action,  or  the  plaintiff  or  plaintiffs 
 become  nonsuit,  or  suffer  any  discontinuance  thereof,  that 
 in  every  such  case  the  judge  or  judges  before  whom  the 
 said  matter  shall  be  tried,  or  be  depending,  shall  by  force 
 and  virtue  of  this  Act  allow  unto  the  defendant  or  defen- 
 dants his  or  their  treble  costs^  which  he  or  they  shall  have 
 sustained  by  reason  of  their  wrongful  vexation  in  defence 
 of  the  said  action  or  suit,  for  which  the  said  defendant 
 or  defendants  shall  have  like  remedy  as  in  other  cases 
 where  costs  by  the  laws  of  this  realm  are  given  to  the 
 defendants. 
 
 Provided   always,   and    it   is   hereby  declared,   that   this  Rever- 
 Act,   or  anything  therein  contained,   shall   not   extend   or  ^^2"^  °.^ 
 
 .       .  offices  in 
 
 be  to  the  prejudice  of  any  person  or  persons  whatsoever,  the  city  of 
 
 that  hath  any  reversion  or  reversions  of  any  of  the  offices  London 
 
 •'  saved, 
 
 or  places  belonging   to   the  city   of  London,   by   force  or 
 
 virtue  of  any  order,  grant,   designation,  or  nomination  of 
 
6oo  DOCUMENTS  ILLUSTRATIVE   OF  THE      [cxvi 
 
 1661.  the  lord  mayor  and  court  of  aldermen  of  the  said  city 
 heretofore  respectively  made  or  granted  to  him  or  them 
 before  the  times  of  the  late  wars,  for  or  in  respect  of  such 
 grant,  designation,  or  nomination  only  ;  anything  in  this 
 Act  to  the  contrary  notwithstanding. 
 
 CXVII. 
 
 THE  UNIFORMITY  ACT,  a.  d.  16G2. 
 14  Charles  II,  cap.  4. 
 
 1662.  This,    the    last,    Act    of  Uniformity   received   the    royal    assent 
 
 May  19,  1662.  For  details  of  its  history  see  Cardwell's  Prayer  Book 
 Conferences,  p.  378.  It  has  been  modified  in  various  particulars  by 
 28  &  29  Victoria,  c.  122,  the  Clerical  Subscription  Act ;  by  34  &  35 
 Victoria,  c.  26,  the  Universities  Test  Act ;  by  34  &  35  Victoria,  c.  37, 
 Table  of  Lessons  Act ;  and  by  35  &  36  Victoria,  c.  35,  Act  of  Uni- 
 formity Amendment  Act.  These  Acts  are  set  out,  e.g.,  in  The  Prayer 
 Book  interleaved,  pp.  xix  to  xxviii,  where  a  table  is  given  of  the 
 repealing  statutes  and  the  various  particulars  in  which  they  affect  the 
 following  Uniformity  Act. 
 
 [Transcr.  Statutes  of  the  Realm,  v.  p.  364.] 
 
 By  Act  I        Whereas  in  the  first  year  of  the  late  Queen  Elizabeth, 
 iza  et  1    there  was  one  uniform  order  of  common  service  and  prayer, 
 
 one  uni-  >■      ■'      ' 
 
 form  order  and  of  the  administration  of  sacraments,  rites  and  cere- 
 Draver'^°^  monies,  in  the  Church  of  England  (agreeable  to  the  word 
 tablished.  of  God  and  usage  of  the  primitive  Church),  compiled  by 
 the  reverend  bishops  and  clergy,  set  forth  in  one  book, 
 entitled.  The  Book  of  Common  Prayer  and  Administration 
 of  Sacraments,  and  other  Rites  and  Ceremonies  in  the 
 Church  of  England,  and  enjoined  to  be  used  by  Act  of 
 Parliament,  holden  in  the  said  first  year  of  the  said  late 
 queen,  entitled,  'An  Act  for  the  uniformity  of  common 
 prayer  and  service  in  the  Church,  and  administration  of  the 
 sacraments,'  very  comfortable  to  all  good  people  desirous 
 
cxvii]     HISTORY  OF  THE  ENGLISH  CHURCH  6oi 
 
 to  live   in   Christian   conversation,  and  most  profitable  to      i662. 
 
 the  estate  of  this  realm ;  upon  the  which  the  mercy,  favour, 
 
 and  blessing  of  Almighty  God  is  in  no  wise  so  readily  and 
 
 plentifully  poured,  as   by  common  prayers,   due  using  of 
 
 the  sacraments,  and  often  preaching  of  the  gospel,  with 
 
 devotion   of  the   hearers ;    and   yet   this    notwithstanding,  Divers 
 
 a  great  number  of  people  in   divers  parts  of  this  realm,  P^^^ons 
 
 following  their  own   sensuality,  and  living  without  know-  from  com- 
 
 ledge  and  due  fear  of  God,  do  wilfully  and  schismatically  '"^  ^^  *'•• 
 
 abstain  and  refuse  to  come  to  their  parish  churches,  and 
 
 other  public  places  where  common  prayer,  administration 
 
 of  the  sacraments,  and  preaching  of  the  word  of  God  is 
 
 used    upon    the    Sundays   and   other   days    ordained   and 
 
 appointed   to   be  kept  and  observed  as  holy  days :    and  Ministers 
 
 whereas  by  the  great  and  scandalous  neglect  of  ministers  "Jl-^'^    ° 
 
 in  using  the  said  order  or  liturgy  so  set  forth  and  enjoined 
 
 as  aforesaid,   great  mischiefs  and  inconveniences,  during 
 
 the  times  of  the  late  unhappy  troubles,   have  arisen  and 
 
 grown,  and  many  people  have  been  led  into  factions  and 
 
 schisms,  to  the  great  decay  and  scandal  of  the  reformed 
 
 religion  of  the  Church  of  England,  and  to  the  hazard  of 
 
 many  souls ;  [for  prevention  whereof  in  time  to  come,  for  To  rectify 
 
 settling   the   peace   of  the   Church,   and  for  allaying   the  ^^^^,^"<J 
 .  J     tn  settle  the 
 
 present  distempers  which  the  indisposition  of  the  time  has  peace  of 
 contracted,  the  king's  majesty,  according  to  his  declaration  \he Church 
 
 •'       ■' '  «=•  the  king, 
 
 of  the    five-and-twentieth    of  October,    1660,    granted  his  according 
 commission    under   the   great  seal  of  England  to  several  ^°  ^'^    . 
 
 ^  declaration 
 
 bishops  and  other  divmes,  to  review  the  Book  of  Common  of  1660, 
 
 Prayer,  and  to   prepare   such  alterations  and  additions  as  ^^^ued  his 
 
 commis- 
 they  thought  fit  to  offer :  and  afterwards  the  Convocations  sion  of 
 
 of  both  the  provinces  of  Canterbury  and  York  being  by  ^f^'^^  of 
 1  •  •  11     1  1  1  o      y  ti^g  Prayer 
 
 his   majesty  called  and   assembled,    and  now  sitting,   his  Book. 
 
 majesty  hath   been  pleased  to  authorize  and  require  the  Convoca- 
 
 presidents  of  the  said  Convocations,  and  other  the  bishops  5°the  kin^ 
 
 and  clergy  of  the  same,  to  review  the  said  Book  of  Common  and  now 
 
6o2  DOCUMENTS  ILLUSTRATIVE   OF  THE     [cxvii 
 
 1662.  Prayer,  and  the  Book  of  the  Form  and  Manner  of  the  making 
 sitting,  has  and  consecrating  of  Bishops,  Priests,  and  Deacons  :  and  that 
 rected  to  ^^er  mature  consideration  they  should  make  such  additions 
 perform  ^^n^  alterations  in  the  said  books  respectively,  as  to  them 
 The  altera-  should  seem  meet  and  convenient ;  and  should  exhibit  and 
 tions  and  present  the  same  to  his  majesty  in  writing  for  his  further 
 made  allowance  or  confirmation  :  since  which  time,  upon  full  and 
 
 mature  deliberation,  they  the  said  presidents,  bishops,  and 
 clergy  of  both  provinces   have   accordingly  reviewed  the 
 said  books,  and  have  made  some  alterations  which  they 
 think  fit  to  be  inserted,  to  the  same ;  and  some  additional 
 prayers  to  the  said  Book  of  Common  Prayer,  to  be  used 
 upon  proper  and  emergent  occasions ;  and  have  exhibited 
 and  presented  the  same  unto  his  majesty  in  writing,  in  one 
 book,  entitled,  The  Book  of  Common  Prayer  and  Administra- 
 tion of  the  Sacraments,  and  other  Rites  and  Ceremonies  of 
 the  Church,  according  to  the  Use  of  the  Church  of  England, 
 together  with  the  Psalter  or  Psalms  of  David,  pointed  as 
 they  are  to  be  sung  or  said  in  Churches  ;  and  the  Form  and 
 Manner  of  making,  ordaining,  and  consecrating  of  Bishops, 
 liave  been  Priests,  and  Deacons :  all  which  his  majesty  having  duly 
 Uie^khiff  ^  considered,  hath  fully  approved  and  allowed  the  same,  and 
 and  recom-  recommended   to   this   present    Parliament  that   the   said 
 Parlia^-     °  Books  of  Common  Prayer,  and  of  the  Form  of  Ordination 
 ment.  and  Consecration  of  Bishops,  Priests,  and  Deacons,  with  the 
 
 alterations  and  additions  which  have  been  so  made  and 
 presented  to  his  majesty  by  the  said  Convocations,  be  the 
 book  which  shall  be  appointed  to  be  used  by  all  that 
 officiate  in  all  cathedral  and  collegiate  churches  and  chapels, 
 and  in  all  chapels  of  colleges  and  halls  in  both  the  Univer- 
 sities, and  the  colleges  of  Eton  and  Winchester,  and  in 
 all  parish  churches  and  chapels  within  the  kingdom  of 
 England,  dominion  of  Wales,  and  town  of  Berwick-upon- 
 Tweed,  and  by  all  that  make  or  consecrate  bishops,  priests, 
 or  deacons,  in  any  of  the  said  places,  under  such  sanctions 
 
cxvii]     HISTORY  OF  THE  ENGLISH  CHURCH  603 
 
 and  penalties  as   the    Houses    of   Parliament   shall  think      1662. 
 fit\] 
 
 Now   in    regard    that    nothing    conduces    more   to   the  The  peace 
 settlinsj  of  the  peace  of  this  nation  (which  is  desired  of  all  ^ndhonour 
 
 01  ^  01  religion 
 
 good  men),   nor  to   the  honour  of  our  religion,   and  the  advanced 
 propagation  thereof,   than  an  universal  agreement  in  the    ^  ""^  "^'P 
 public  worship  of  Almighty  God ;  and  to  the  intent  that  in  the 
 every   person   within   this  realm    may   certainly   know  the  P^    ^^.     ^ 
 rule  to    which   he   is  to  conform   in   public  worship,   and  God. 
 administration   of  sacraments,   and  other  rites   and   cere- 
 monies of  the  Church  of  England,  and  the  manner  how 
 and  by  whom  bishops,  priests,  and  deacons  are  and  ought 
 to  be  made,  ordained,  and  consecrated ;  be  it  enacted  by 
 the  king's  most  excellent  majesty,  by  the  advice  and  with 
 the  consent  of  the  Lords   spiritual  and  temporal,  and  of 
 the  Commons,  in  this  present  Parliament  assembled,  and 
 by  the  authority  of  the  same,  that  all  and  singular  ministers  The  Book 
 in  any  cathedral,  collegiate,  or  parish  church  or  chapel,  or  p    °"^J"°" 
 other  place  of  public  worship  within  this  realm  of  England,  annexed  to 
 dominion  of  Wales,  and  town  of  Berwick-upon-Tweed,  shall  [J^'^'^^^^'  ^^ 
 be  bound  to  say  and  use  the  Morning  Prayer,  Evening  throughout 
 Prayer,  celebration  and  administration  of  both  the  sacra-        reahn. 
 ments,  and  all  other  the   public  and   common  prayer,  in 
 such  order  and  form   as  is   mentioned   in  the   said  book 
 annexed  and  joined  to  this  present  Act,  and  entitled.  The 
 Book  of  Comipon  Prayer  and  Administration  of  the  Sacra- 
 ments,  and   other  Rites  and  Ceremonies  of  the   Church, 
 according  to  the  Use  of  the  Church  of  England ;  together 
 with  the  Psalter  or  Psalms  of  David,  pointed  as  they  are  to 
 be  sung  or  said  in  Churches  ;   and  the  Form  or  Manner 
 of  making,  ordaining,  and  consecrating  of  Bishops,  Priests, 
 and  Deacons  :  and  that  the  morning  and  evening  prayers 
 therein  contained  shall  upon  every  Lord's  day,  and  upon 
 all   other   days    and   occasions   and   at  the  times   therein 
 
 ^  Annexed  to  the  original  Act  in  a  separate  schedule. 
 
6o4 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE     [cxvii 
 
 1G62.      appointed,  be  openly  and  solemnly  read  by  all  and  every 
 
 minister  or  curate,  in  every  church,  chapel,  or  other  place 
 
 of  public  worship,  within  this  realm  of  England  and  places 
 
 aforesaid. 
 
 The  clergy      And  to  the  end  that  uniformity  in  the  public  worship  of 
 
 to  read  and  ^^^  (which  is  SO  much  desired)  may  be  speedily  effected, 
 
 Qcci3.rc  * 
 
 their  as-      be  it  further  enacted  by  the  authority  aforesaid,  that  every 
 
 sent  to  use  ^^j-gQ^^    vicar,  or  other  minister  whatsoever,  who  now  has 
 tlie  same,     r  '  ' 
 
 and  enjoys  any  ecclesiastical  benefice  or  promotion  within 
 this  realm  of  England  or  places  aforesaid,  shall  in  the 
 church,  chapel,  or  place  of  public  worship  belonging  to  his 
 said  benefice  or  promotion,  upon  some  Lord's  day  before 
 the  feast  of  St.  Bartholomew,  which  shall  be  in  the  year  of 
 our  Lord  God  1662,  openly,  publicly,  and  solemnly  read 
 the  morning  and  evening  prayer  appointed  to  be  read  by 
 and  according  to  the  said  Book  of  Common  Prayer  at  the 
 times  thereby  appointed ;  and  after  such  reading  thereof, 
 shall  openly  and  publicly  before  the  congregation  there 
 assembled  declare  his  unfeigned  assent  and  consent  to  the 
 use  of  all  things  in  the  said  book  contained  and  prescribed, 
 [in  these  words  and  no  other : — 
 
 'I,  A.B.,  do  here  declare  my  unfeigned  assent  and  con- 
 sent to  all  and  everything  contained  and  prescribed  in 
 and  by  the  book  entitled.  The  Book  of  Common  Prayer 
 and  Administration  of  the  Sacraments,  and  other  Rites  and 
 Ceremonies  of  the  Church,  according  to  tlje  Use  of  the 
 Church  of  England ;  together  with  the  Psalter  or  Psalms 
 of  David,  pointed  as  they  are  to  be  sung  or  said  in  Churches ; 
 and  the  Form  or  Manner  of  making,  ordaining,  and  con- 
 secrating of  Bishops,  Priests,  and  Deacons  \'] 
 
 And  that  all  and  every  such  person,  who  shall  (without 
 
 some  lawful  impediment  to  be  allowed  and  approved  of  by 
 
 the  ordinary  of  the  place)  neglect  or  refuse  to  do  the  same 
 
 within  the  time  aforesaid  (or  in  case  of  such  impediment) 
 
 '  Annexed  to  the  original  Act  in  a  separate  schedule. 
 
 Form  of 
 assent. 
 
 Penalty  for 
 refusing. 
 
cxvii]      HISTORY  OF  THE  ENGLISH  CHURCH  605 
 
 within  one  month  after  such  impediment  removed,  shall  1662. 
 {ipso  facto)  be  deprived  of  all  his  spiritual  promotions  ;  and 
 that  from  thenceforth  it  shall  be  lawful  to  and  for  all  patrons 
 and  donors  of  all  and  singular  the  said  spiritual  promo- 
 tions or  of  any  of  them,  according  to  their  respective  rights 
 and  titles,  to  present  or  collate  to  the  same,  as  though  the 
 person  or  persons  so  offending  or  neglecting  were  dead. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid,  that  The  like 
 every  person  who  shall  hereafter  be  presented  or  collated,  ^^^^'?*^ 
 or  put  into  any  ecclesiastical  benefice  or  promotion  within  from  every 
 this  realm  of  England  and  places  aforesaid,  shall   in   the  P^'^^°a 
 
 o  c  :  ^     hereatter 
 
 church,  chapel,  or  place  of  public  worship  belonging  to  his  to  be  pro- 
 said  benefice  or  promotion,  within  two  months  next  after  "^°^^    \° 
 
 ,  any  eccle- 
 
 that  he  shall  be  in  the  actual  possession  of  the  said  eccle-  siastical 
 siastical  benefice  or  promotion,  upon  some  Lord's  day,  benefice, 
 openly,  publicly,  and  solemnly  read  the  Morning  and  Even- 
 ing Prayers  appointed  to  be  read  by  and  according  to  the 
 said  Book  of  Common  Prayer,  at  the  times  thereby  ap- 
 pointed ;  and  after  such  reading  thereof  shall  openly  and 
 publicly,  before  the  congregation  there  assembled,  declare 
 his  unfeigned  assent  and  consent  to  the  use  of  all  things 
 therein  contained  and  prescribed  according  to  the  form 
 before  appointed;  and  that  all  and  every  such  person,  who  Penalty  for 
 shall  (without  some  lawful  impediment  to  be  allowed  and 
 approved  by  the  ordinary  of  the  place)  neglect  or  refuse 
 to  do  the  same  within  the  time  aforesaid  (or  in  case  of 
 such  impediment  within  one  month  after  such  impediment 
 removed),  shall  (ipso  facto)  be  deprived  of  all  his  said  eccle- 
 siastical benefices  and  promotions  :  and  that  from  thence- 
 forth it  shall  and  may  be  lawful  to  and  for  all  patrons  and 
 donors  of  all  and  singular  the  said  ecclesiastical  benefices 
 and  promotions  or  any  of  them,  according  to  their  respec- 
 tive rights  and  titles,  to  present  or  collate  to  the  same,  as 
 though  the  person  or  persons  so  offending  or  neglecting 
 were  dead. 
 
 refusino-. 
 
6o6 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE     [cxvii 
 
 1662. 
 
 Incum- 
 bents of 
 livings, 
 keeping 
 curates, 
 shall 
 
 personally 
 read  the 
 same  as- 
 sent once 
 every 
 month. 
 
 The 
 penalty 
 and  man- 
 ner of  con- 
 viction for 
 not  so 
 doing. 
 
 Deans, 
 canons, 
 preben- 
 daries, 
 heads  of 
 colleges, 
 school- 
 masters, 
 &c.,  shall 
 subscribe 
 the  follow- 
 ing declar- 
 ation. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid,  that 
 in  all  places  where  the  proper  incumbent  of  any  parsonage 
 or  vicarage,  or  benefice  with  cure,  doth  reside  on  his  living 
 and  keep  a  curate,  the  incumbent  himself  in  person  (not 
 having  some  lawful  impediment  to  be  allowed  by  the  ordi- 
 nary of  the  place)  shall  once  (at  the  least)  in  every  month, 
 openly  and  publicly  read  the  common  prayers  and  service 
 in  and  by  the  said  book  prescribed,  and  (if  there  be  occa- 
 sion) administer  each  of  the  sacraments  and  other  rites  of 
 the  Church,  in  the  parish  church  or  chapel,  of  or  belonging 
 to  the  same  parsonage,  vicarage,  or  benefice,  in  such  order, 
 manner,  and  form  as  in  and  by  the  said  book  is  appointed ; 
 upon  pain  to  forfeit  the  sum  of  five  pounds  to  the  use  of 
 the  poor  of  the  parish  for  every  offence,  upon  conviction 
 by  confession  or  proof  of  two  credible  witnesses  upon  oath 
 before  two  justices  of  the  peace  of  the  county,  city,  or  town 
 corporate  where  the  offence  shall  be  committed  (which 
 oath  the  said  justices  are  hereby  empowered  to  administer), 
 and  in  default  of  payment  within  ten  days,  to  be  levied  by 
 distress  and  sale  of  the  goods  and  chattels  of  the  offender, 
 by  the  warrant  of  the  said  justices,  by  the  churchwardens, 
 or  overseers  of  the  poor  of  the  said  parish^  rendering  the 
 surplusage  to  the  party. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid,  that 
 every  dean,  canon,  and  prebendary  of  every  cathedral  or 
 collegiate  church,  and  all  masters  and  other  heads,  fellows, 
 chaplains,  and  tutors  of  or  in  any  college,  hall,  house  of 
 learning  or  hospital,  and  every  public  professor  and  reader 
 in  either  of  the  Universities  and  in  every  college  elsewhere, 
 and  every  parson,  vicar,  curate,  lecturer,  and  every  other 
 person  in  Holy  Orders,  and  every  schoolmaster  keeping  any 
 public  or  private  school,  and  every  person  instructing  or 
 teaching  any  youth  in  any  house  or  private  family  as  a  tutor 
 or  schoolmaster,  who  upon  the  first  day  of  May,  which  shall 
 be  in  the  year  of  our  Lord  God  1662,  or  at  any  time  there- 
 
cxvii]     HISTORY  OF  THE  ENGLISH  CHURCH  607 
 
 after,  shall  be  incumbent  or  have  possession  of  any  deanery,  1662. 
 canonry,  prebend,  mastership,  headship,  fellowship,  pro- 
 fessor's place  or  reader's  place,  parsonage,  vicarage,  or  any 
 other  ecclesiastical  dignity  or  promotion,  or  of  any  curate's 
 place^  lecture,  or  school,  or  shall  instruct  or  teach  any 
 youth  as  tutor  or  schoolmaster,  shall  before  the  feast-day  of 
 St.  Bartholomew  which  shall  be  in  the  year  of  our  Lord 
 1662,  or  at  or  before  his  or  their  respective  admission  to 
 be  incumbent  or  have  possession  aforesaid,  subscribe  the 
 declaration  or  acknowledgment  following,  scilicet: — 
 
 '  I,  A.  B.^  do  declare  that  it  is  not  lawful,  upon  any  pre-  The  de- 
 tence  whatsoever,  to  take  arms  against  the  king ;  and  that 
 I  do  abhor  that  traitorous  position  of  taking  arms  by  his 
 authority  against  his  person  or  against  those  that  are  com- 
 missionated  by  him  ;  and  that  I  will  conform  to  the  liturgy 
 of  the  Church  of  England,  as  it  is  now  by  law  established  : 
 and  I  do  declare  that  I  do  hold  there  lies  no  obligation 
 upon  me,  or  on  any  other  person,  from  the  oath  commonly 
 called  the  Solemn  League  and  Covenant,  to  endeavour  any 
 change  or  alteration  of  government  either  in  Church  or 
 State  ;  and  that  the  same  was  in  itself  an  unlawful  oath, 
 and  imposed  upon  the  subjects  of  this  realm  against  the 
 known  laws  and  liberties  of  this  kingdom.' 
 
 Which  said  declaration  and  acknowledgment  shall  be 
 subscribed  by  every  of  the  said  masters  and  other  heads, 
 fellows,  chaplains,  and  tutors  of  or  in  any  college,  hall,  or 
 house  of  learning,  and  by  every  public  professor  and  reader 
 in  either  of  the  Universities,  before  the  vice-chancellor  of 
 the  respective  Universities  for  the  time  being  or  his  deputy  : 
 and  the  said  declaration  or  acknowledgment  shall  be  sub- 
 scribed before  the  respective  archbishop,  bishop,  or  ordinary 
 of  the  diocese,  by  every  other  person  hereby  enjoined  to 
 subscribe  the  same ;  upon  pain  that  all  and  every  of  the  The 
 persons  aforesaid  failing  in  such  subscription  shall  lose  P^^^^^y  ^°^ 
 and   forfeit    such   respective    deanery,   canonry,    prebend,  scribing. 
 
6o8 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE     [cxvii 
 
 1662. 
 
 Teachers 
 ill  private 
 liouses  to 
 obtain 
 licences  to 
 teach  from 
 the  arch- 
 bishop, 
 bishop,  or 
 ordinary, 
 and  sub- 
 scribe and 
 acknow- 
 ledge as 
 aforesaid, 
 before 
 teaching. 
 
 Penalties 
 
 for 
 
 neglect. 
 
 mastership,  headship,  fellowship,  professor's  place,  reader's 
 place,  parsonage,  vicarage,  ecclesiastical  dignity  or  promo- 
 tion, curate's  place,  lecture,  and  school,  and  shall  be  utterly- 
 disabled  and  {ipso  facto)  deprived  of  the  same :  and  that 
 every  such  respective  deanery,  canonry,  prebend,  master- 
 ship, headship,  fellowship,  professor's  place,  reader's  place, 
 parsonage,  vicarage,  ecclesiastical  dignity  or  promotion, 
 curate's  place,  lecture,  and  school  shall  be  void,  as  if  such 
 person  so  failing  were  naturally  dead. 
 
 And  if  any  schoolmaster,  or  other  person,  instructing  or 
 teaching  youth  in  any  private  house  or  family  as  a  tutor 
 or  schoolmaster,  shall  instruct  or  teach  any  youth  as  a  tutor 
 or  schoolmaster,  before  licence  obtained  from  his  respective 
 archbishop,  bishop,  or  ordinary  of  the  diocese,  according 
 to  the  laws  and  statutes  of  this  realm  (for  which  he  shall 
 pay  twelve  pence  only),  and  before  such  subscription  and 
 acknowledgment  made  as  aforesaid  ;  then  every  such  school- 
 master and  other,  instructing  and  teaching  as  aforesaid, 
 shall  for  the  first  offence  suffer  three  months'  imprisonment 
 without  bail  or  mainprize ;  and  for  every  second,  and  other 
 such  offence,  shall  suffer  three  months'  imprisonment  with- 
 out bail  or  mainprize,  and  also  forfeit  to  his  majesty  the 
 sum  of  five  pounds :  and  after  such  subscription  made, 
 every  such  parson,  vicar,  curate,  and  lecturer  shall  procure 
 a  certificate  under  the  hand  and  seal  of  the  respective  arch- 
 bishop, bishop,  or  ordinary  of  the  diocese  (who  are  hereby 
 enjoined  and  required  upon  demand  to  make  and  deliver 
 the  same),  and  shall  publicly  and  openly  read  the  same, 
 together  with  the  declaration  or  acknowledgment  aforesaid, 
 upon  some  Lord's  day  within  three  months  then  next  follow- 
 ing, in  his  parish  church  where  he  is  to  officiate,  in  the 
 presence  of  the  congregation  there  assembled,  in  the  time 
 of  divine  service ;  upon  pain  that  every  person  faihng 
 therein  shall  lose  such  parsonage,  vicarage  or  benefice, 
 curate's  place,  or  lecturer's  place  respectively,  and  shall  be 
 
cxvii]      HISTORY  OF  THE  ENGLISH   CHURCH  ■     609 
 
 utterly  disabled  and  [ipso  fadd)  deprived  of  the  same;  and       1662. 
 that  the  said  parsonage,  vicarage  or  benefice,  curate's  place, 
 or  lecturer's  place  shall  be   void,  as  if  he  was   naturally 
 dead. 
 
 Provided  always,  that  from  and  after  the  twenty-fifth  day  Omission 
 of  March,  which  shall  be  in  the   year  of  our   Lord   God  5"°'^  ^^^ 
 
 '  ...  .  declara- 
 
 1682,  there  shall   be   omitted   in   the   said  declaration   or  tion,  after 
 
 acknowledgment  so  to  be  subscribed  and  read  these  words  ^,^  ^^     °' 
 
 following,  scilicet : —  1682,  of 
 
 *  And  I  do  declare  that  I  do  hold  there  lies  no  obhVation  *^^  ^^I^[', 
 
 °  ence  to  tlie 
 
 on    me,    or  any   other   person,   from  the  oath  commonly  Solemn 
 called  the  Solemn  League  and  Covenant,  to  endeavour  any  League  and 
 
 *^  _  •'   Covenant 
 
 change  or  alteration  of  government  either  in  Church  or 
 State ;  and  that  the  same  was  in  itself  an  unlawful  oath,  and 
 imposed  upon  the  subjects  of  this  realm  against  the  known 
 laws  and  liberties  of  this  kingdom.' 
 
 So  as  none  of  the  persons  aforesaid  shall  from  thence- 
 forth be  at  all  obliged  to  subscribe  or  read  that  part  of  the 
 said  declaration  or  acknowledgment. 
 
 Provided  always,  and  be  it  enacted,  that  from  and  after  Persons 
 the  feast  of  St.  Bartholomew,  which  shall  be  in  the  year  of  ""'^  ^^' 
 our  Lord  1662,  no  person  who  now  is  mcumbent,  and  m  priests  or 
 possession  of  any  parsonage,  vicarage,  or  benefice,  and  who  beacons, 
 
 1         1       •       Tx    1      i^    1  1  •  1  T        •  according 
 
 IS  not  already  m   Holy  Orders  by  episcopal  ordination,  or  to  episco- 
 shall  not  before  the  said  feast-day  of  St.  Bartholomew  be  P^^  ordina- 
 ordained  priest  or  deacon  according  to   the  form  of  epis-  not  hold 
 copal  ordination,  shall  have,  hold,  or  enjoy  the  said  par-  a"y  eccle- 
 sonage,  vicarage,  benefice  with  cure,  or  other  ecclesiastical  benefice 
 promotion  within  this  kingdom  of  England  or  the  dominion 
 of  Wales,  or  town   of  Berwick-upon-Tweed,  but  shall  be 
 utterly  disabled  and  {ipso  facto)  deprived  of  the  same,  and 
 all  his  ecclesiastical  promotions  shall  be  void,  as  if  he  was 
 naturally  dead. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid,  that  "°^  conse- 
 
 ■'  crate  or 
 
 no  person  whatsoever  shall  thenceforth  be  capable   to  be  administer 
 
 R  r 
 
6io  DOCUMENTS  ILLUSTRATIVE  OF   THE     [cxvii 
 
 1662.      admitted    to   any   parsonage,   vicarage,   benefice,   or  other 
 
 the  holy     ecclesiastical   promotion   or  dignity  whatsoever,   nor  shall 
 Sacrament.  ^  ,       ,     .    .  i      i     i      o 
 
 presume  to  consecrate  and  administer  the  holy  Sacrament 
 
 of  the    Lord's  Supper,   before  such   time  as  he  shall  be 
 
 ordained  priest  according  to  the  form  and  manner  in  and 
 
 by  the  said  book  prescribed,  unless  he  have  formerly  been 
 
 ^^^  made  priest  by  episcopal  ordination ;  upon  pain  to  forfeit 
 
 for  every  offence  the  sum  oif  one  hundred  pounds ;  one 
 
 moiety  thereof  to  the  king's   majesty ;    the   other  moiety 
 
 thereof  to  be  equally    divided  between   the    poor  of  the 
 
 parish  where   the  offence  shall   be   committed,  and  such 
 
 person  or  persons  as  shall  sue  for  the  same  by  action  of 
 
 debt,  bill,   plaint,  or  information,  in  any  of  his  majesty's 
 
 courts  of  record,  wherein  no  essoin,  protection,  or  wager  of 
 
 law  shall  be  allowed,  and  to  be  disabled  from  taking  or 
 
 being  admitted  into  the  order  of  priest  by  the  space  of  one 
 
 whole  year  then  next  following. 
 
 Penalties         Provided  that  the  penalties  in  this  Act  shall  not  extend 
 
 not  to  ^ 
 
 extend  to    to  the  foreigners  or  aliens  of  the  foreign  reformed  churches 
 
 the  foreign  ;j|iowed  or  to  be  allowed  by  the  kinoj's  majesty,  his  heirs 
 
 reformed  .  •'  o  j       j^ 
 
 churches,    and  successors  in  England. 
 
 Proviso  as       Provided  always,  that  no  title  to  confer  or  present  by 
 tatmn^hv     I'^pse   shall   accrue  by  any  avoidance  or  deprivation  [tpso 
 lapse  or     facto)  by  virtue  of  this  statute,  but  after  six  months  after 
 tion'^*^^       notice  of  such  avoidance  or  deprivation  given  by  the  ordi- 
 nary to  the  patron,  or  such  sentence  of  deprivation  openly 
 and  publicly  read  in  the  parish  church  of  the  benefice, 
 parsonage,  or  vicarage  becoming  void,  or  whereof  the  in- 
 cumbent shall  be  deprived  by  virtue  of  this  Act. 
 No  other         And  be  it  further  enacted  by  the  authority  aforesaid, 
 
 form  of  ,  -  ^  r  1       •     •  • 
 
 common  that  no  lorm  or  order  of  common  prayers,  administration 
 prayer  to  of  sacramcnts,  rites  or  ceremonies,  shall  be  openly  used  in 
 used  in  any  ^"y  church,  chapel,  or  other  public  place  of  or  in  any 
 church  or  college  or  hall  in  either  of  the  Universities,  the  colleges  of 
 place.  Westminster,  Winchester,  or  Eton,  or  any  of  them,  other 
 
cxvii]      HISTORY  OF  THE  ENGLISH  CHURCH  6ii 
 
 than  what  is  prescribed  and  appointed  to  be  used  in  and      1662. 
 by  the  said  book.     And  that  the  present  governor  or  head  Heads  of 
 of  every  college  and  hall  in  the  said  Universities,  and  of  ^^^  ^fhall 
 the  said  colleges  of  Westminster,   Winchester,   and  Eton,  openly 
 within  one  month  after  the  feast  of  St.  Bartholomew^  which  ^J  t?ie  ^q 
 shall  be  in  the  year  of  our  Lord  1662,  and  every  governor  Articles 
 or  head  of  any  of  the  said  colleges  or  halls  hereafter  to  be  i^^he^"*^ 
 elected  or  appointed,  within  one  month  next  after  his  elec-  statute 
 tion  or  collation  and  admission  into  the  same  government  ^^     '^' 
 or   headship,    shall   openly   and    publicly   in    the   church, 
 chapel,  or  other  public  place  of  the  same  college  or  hall, 
 and  in  the  presence  of  the  fellows  and  scholars  of  the  same, 
 or  the  greater  part  of  them  then  resident,  subscribe  unto 
 the  nine-and-thirty  Articles  of  Religion  mentioned  in  the 
 statute  made  in  the  thirteenth  year  of  the  reign  of  the  late 
 Queen  Elizabeth,  and  unto  the  said  book,  and  declare  his 
 unfeigned  assent  and  consent  unto,  and  approbation  of,  the 
 said  Articles,  and  of  the  same  book,  and  to  the  use  of  all 
 the  prayers,  rites  and  ceremonies,  forms  and  orders  in  the 
 said  book  prescribed  and  contained,  according  to  the  form 
 aforesaid  ;  and  that  all  such  governors  or  heads  of  the  said  Such  as  are 
 colleges  and  halls,  or  any  of  them,  as  are  or  shall  be  in  q  Hers^to 
 Holy  Orders,  shall  once  (at  least)  in  every  quarter  of  the  read 
 year  (not  having  a  lawful  impediment)  openly  and  publicly  ^^^'^^^ 
 read  the  Morning  Prayer  and  service  in  and  by  the  said  quarterly, 
 book  appointed  to  be  read  in  the  church,  chapel,  or  other 
 public  place  of  the  same  college  or  hall ;  upon  pain  to  lose  Penalties 
 and  be  suspended  of  and  from  all  the  benefits  and  profits  ^?^  ^^^^' 
 belonging  to  the  same  government  or  headship,   by  the 
 space  of  six  months,  by  the  visitor  or  visitors  of  the  same 
 college  or  hall ;  and  if  any  governor  or  head  of  any  college 
 or  hall,  suspended  for  not  subscribing  unto  the  said  Articles 
 and  book,  or  for  not  reading  of  the  Morning  Prayer  and 
 service  as  aforesaid,  shall  not,  at  or  before  the  end  of  six 
 months  next  after  such  suspension,  subscribe  unto  the  said 
 
 R  r  2 
 
6l2 
 
 DOCUMENTS  ILLUSTRATIVE  OF   THE      [cxvii 
 
 1662. 
 
 The 
 service 
 ma}''  be 
 used  in 
 Latin  in 
 certain 
 colleges 
 andinCon- 
 vocation. 
 
 Lecturers 
 only  to 
 preach 
 when 
 licensed. 
 
 Such 
 
 licensed 
 
 lecturer 
 
 to  read 
 
 common 
 
 prayer, 
 
 and  assent 
 
 tothesame, 
 
 &:c.,  before 
 
 his  first 
 
 sermon, 
 
 Articles  and  book,  and  declare  his  consent  thereunto  as 
 aforesaid,  or  read  the  Morning  Prayer  and  service  as  afore- 
 said, then  such  government  or  headship  shall  be  {ipso  facto) 
 
 void. 
 
 Provided  always,  that  it  shall  and  may  be  lawful  to  use 
 the  Morning  and  Evening  Prayer,  and  all  other  prayers  and 
 service  prescribed  in  and  by  the  said  book,  in  the  chapels 
 or  other  public  places  of  the  respective  colleges  and  halls 
 in  both  the  Universities,  in  the  colleges  of  Westminster, 
 Winchester,  and  Eton,  and  in  the  Convocations  of  the 
 clergies  of  either  province,  in  Latin ;  anything  in  this  Act 
 contained  to  the  contrary  notwithstanding. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid,  that 
 no  person  shall  be  or  be  received  as  a  lecturer,  or  permitted, 
 suffered,  or  allowed  to  preach  as  a  lecturer,  or  to  preach  or 
 read  any  sermon  or  lecture  in  any  church,  chapel,  or  other 
 place  of  public  worship,  within  this  realm  of  England  or 
 the  dominion  of  Wales,  and  town  of  Berwick  upon  Tweed, 
 unless  he  be  first  approved,  and  thereunto  licensed  by  the 
 archbishop  of  the  province  or  bishop  of  the  diocese,  or  (in 
 case  the  see  be  void)  by  the  guardian  of  the  spiritualties, 
 under  his  seal,  and  shall  in  the  presence  of  the  same  arch- 
 bishop or  bishop,  or  guardian,  read  the  nine-and-thirty 
 Articles  of  Religion  mentioned  in  the  statute  of  the  thirteenth 
 year  of  the  late  Queen  Elizabeth,  with  declaration  of  his 
 unfeigned  assent  to  the  same ;  and  that  every  person  and 
 persons  who  now  is,  or  hereafter  shall  be  licensed,  assigned, 
 and  appointed,  or  received  as  a  lecturer,  to  preach  upon 
 any  day  of  the  week  in  any  church,  chapel,  or  place  of 
 public  worship  within  this  realm  of  England  or  places 
 aforesaid,  the  first  time  he  preaches  (before  his  sermon) 
 shall  openly,  publicly,  and  solemnly  read  the  common 
 prayers  and  service  in  and  by  the  said  book  appointed  to 
 be  read  for  that  time  of  the  day,  and  then  and  there 
 publicly  and  openly  declare   his  assent  unto,   and  appro- 
 
cxvii]     HISTORY  OF  THE  ENGLISH  CHURCH  613 
 
 bation  of,  the  said  book,  and  to  the  use  of  all  the  prayers,      1662. 
 rites  and  ceremonies,  forms  and  orders  therein  contained 
 and  prescribed,  according  to  the  form  before  appointed  in 
 this  Act ;  and  also  shall  upon  the  first  lecture-day  of  every  and  do  so 
 month    afterwards,    so   long   as    he    continues    lecturer  or  °g"  t^Jj.^']^ 
 preacher  there,  at  the  place  appointed  for  his  said  lecture  day  of  each 
 or   sermon,    before    his    said  lecture    or    sermon,    openly,  "^°"    ' 
 publicly,  and  solemnly  read  the  common  prayers  and  service 
 in  and  by  the  said  book  appointed  to  be  read  for  that 
 time  of  the  day  at  which  the  said  lecture  or  sermon  is  to 
 be  preached,  and  after  such  reading  thereof  shall  openly 
 and   publicly,    before   the   congregation    there   assembled, 
 declare  his  unfeigned  assent  and  consent  unto,  and  appro- 
 bation of,  the  said  book,  and  to  the  use  of  all  the  prayers, 
 rites  and  ceremonies,  forms  and  orders  therein  contained 
 and  prescribed,  according  to  the  form  aforesaid;  and  that  Penalty  for 
 all  and  every  such  person  and  persons  who  shall  neglect  or  ^^  "^ing. 
 refuse  to  do  the  same,  shall  from  thenceforth  be  disabled  to 
 preach  the  said  or  any  other  lecture  or  sermon  in  the  said 
 or  any  other  church,  chapel,  or  place   of  public   worship, 
 until  such  time  as  he  and  they  shall  openly,  publicly,  and 
 solemnly  read  the  common  prayers  and  service  appointed 
 by  the  said  book,  and  conform  in  all  points  to  the  things 
 therein  appointed  and  prescribed,  according  to  the  purport, 
 true  intent,  and  meaning  of  this  Act. 
 
 Provided  always,  that  if  the  said  sermon  or  lecture  be  to  Proviso  for 
 be  preached  or  read  in  any  cathedral  or  collegiate  church  or  ctuiedTar 
 chapel,  it  shall  be  sufficient  for  the  said  lecturer,  openly  at  or  colle- 
 the  time  aforesaid,  to  declare  his  assent  and  consent  to  all  ^fu^^hes 
 things  contained  in  the  said  book,  according  to  the  form 
 aforesaid. 
 
 And  be  it  further  enacted   by  the  authority  aforesaid,  Penalty 
 that  if  any  person  who  is  by  this  Act  disabled  to  preach  any  ^ °I.  b'^^JigV 
 lecture  or  sermon,  shall  during  the  time  that  he  shall  con-  abled  per- 
 tinue  and  remain  so  disabled,  preach  any  sermon  or  lecture  ;  ^°"^' 
 
6i4 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE      [cxvii 
 
 16G2. 
 
 Common 
 prayer  to 
 be  read 
 before 
 every 
 lecture, 
 and  the 
 lecturer  to 
 be  present. 
 
 Proviso  for 
 sermons 
 and  lec- 
 tures in 
 the  two 
 Universi- 
 ties. 
 
 Laws  and 
 
 statutes, 
 
 formerly 
 
 made  for 
 
 uniformity 
 
 of  common 
 
 prayer, 
 
 that  then  for  every  such  offence,  the  person  and  persons 
 so  offending  shall  suffer  three  months'  imprisonment  in 
 the  common  gaol,  without  bail  or  mainprize ;  and  that  any 
 two  justices  of  the  peace  of  any  county  of  this  kingdom  and 
 places  aforesaid,  and  the  mayor  or  other  chief  magistrate  of 
 any  city  or  town  corporate  within  the  same,  upon  certificate 
 from  the  ordinary  of  the  place  made  to  him  or  them  of  the 
 offence  committed,  shall  and  are  hereby  required  to  commit 
 the  person  or  persons  so  offending,  to  the  gaol  of  the  same 
 coimty,  city,  or  town  corporate  accordingly. 
 
 Provided  always,  and  be  it  further  enacted  by  the 
 authority  aforesaid,  that  at  all  and  every  time  and  times 
 when  any  sermon  or  lecture  is  to  be  preached,  the  common 
 prayers  and  service  in  and  by  the  said  book  appointed  to  be 
 read  for  that  time  of  the  day  shall  be  openly,  publicly,  and 
 solemnly  read  by  some  priest  or  deacon,  in  the  church, 
 chapel,  or  place  of  public  worship  where  the  said  sermon 
 or  lecture  is  to  be  preached,  before  such  sermon  or  lecture 
 be  preached,  and  that  the  lecturer  then  to  preach  shall  be 
 present  at  the  reading  thereof. 
 
 Provided  nevertheless,  that  this  Act  shall  not  extend  to 
 the  University  churches  in  the  Universities  of  this  realm,  or 
 either  of  them,  when  or  at  such  times  as  any  sermon  or 
 lecture  is  preached  or  read  in  the  said  churches,  or  any  of 
 them,  for  or  as  the  public  University  sermon  or  lecture ; 
 but  that  the  same  sermons  and  lectures  may  be  preached 
 or  read  in  such  sort  and  manner  as  the  same  have  been 
 heretofore  preached  or  read ;  this  Act,  or  anything  herein 
 contained,  to  the  contrary  thereof  in  any  wise  notwith- 
 standing. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid,  that 
 the  several  good  laws  and  statutes  of  this  reahn,  which  have 
 been  formerly  made,  and  are  now  in  force,  for  the  uniformity 
 of  prayer  and  administration  of  the  sacraments,  within  this 
 realm  of  England  and  places  aforesaid,  shall  stand  in  full 
 
cxvii]      HISTORY  OF   THE   ENGLISH    CHURCH    .  615 
 
 force  and  strength,  to  all  intents  and  purposes  whatsoever,       16C2. 
 for   the    establishing    and    confirming    of    the    said    book,  confirmed, 
 
 ^  ^  ...  and  to  be 
 
 entitled,  The  Book  of  Common  Prayer  and  Administration  of  executed 
 the    Sacraments,   and  other  Rites  and  Ceremonies  of  the  !^°^  P""'^^* 
 
 '  ing  oifen- 
 
 Church,  according  to  the  Use  of  the  Church  of  England  ;  ders. 
 together  with  the  Psalter  or  Psalms  of  David,  pointed  as 
 they  are  to  be  sung  or  said  in  Churches,  and  the  Form  or 
 Manner  of  making,  ordaining,  and  consecrating  of  Bishops, 
 Priests,  and  Deacons,  hereinbefore  mentioned  to  be  joined 
 and  annexed  to  this  Act ;  and  shall  be  applied,  practised, 
 and  put  in  ure  for  the  punishing  of  all  offences  contrary  to 
 the  said  laws,  with  relation  to  the  book  aforesaid,  and  no 
 other. 
 
 Provided  always,  and  be  it  further  enacted  by  the  authority  Litanies 
 aforesaid,  that   in   all  those  prayers,  litanies,  and  collects  j^^j.^  YG\^t- 
 which   do   any   way   relate    to   the   king,   queen,  or   royal  ing  to  the 
 progeny,  the  names  be  altered  and  changed  from  time  to  \^^^\y  ^^ 
 time,  and  fitted  to  the  present  occasion,  according  to  the  be  altered 
 direction  of  lawful  authority,  f'.^tTo,^"^^^ 
 
 Provided  also,  and  be  it  enacted  by  the  authority  afore-  circum- 
 said,  that  a  true  printed  copy  of  the  said  book,  entitled.  The  !gg"^^^ 
 Book  of  Common  Prayer  and  Administration  of  the  Sacra-  xrue 
 ments,  and    other  Rites    and   Ceremonies  of  the  Church,  pnnted 
 according  to  the  Use  of  the  Church  of  England,  together  ti^^^Booj^  ^f 
 with  the  Psalter  or  Psalms  of  David,  pointed  as  they  are  to  Common 
 
 1    T"^  Vf*!"   to 
 
 be  sung  or  said  in  Churches,  and  the  Form  and  Manner  of  be  pro- 
 making,   ordaining,   and  consecrating  of  Bishops,   Priests,  vided  in 
 and    Deacons,    shall    at    the    costs    and    charges    of    the  churches 
 parishioners  of  every  parish  church  and  chapelry,  cathedral  &c.,  at  the 
 church,  college,  and  hall  be  attained  and  gotten  before  the  parish- 
 feast-day  of  Saint  Bartholomew  in  the  year  of  our  Lord  ioners. 
 1662;    upon  pain    of  forfeiture  of  three    pounds    by   the  Penalty  for 
 month  for  so  long  time  as  they  shall  then  after  be  unprovided  "^^  ^^  ' 
 thereof,  by  every  parish  or  chapelry,  cathedral  church,  college, 
 and  hall  making  default  therein. 
 
6i6  .       DOCUMENTS  ILLUSTRATIVE   OF  THE      [cxvii 
 
 1G62.  Provided  always,  and  be  it  enacted  by  the  authority  afore- 
 
 Bishopsof  saiH     that   the  bishops  of  Hereford,   St.    David's,   Asaph, 
 
 Welsh 
 
 bishoprics  Bangor,  and  Llandaff,  and  their  successors,  shall  take  such 
 to  have  order  among  themselves,  for  the  souls'  health  of  the  flocks 
 translation  committed  to  their  charge  within  Wales,  that  the  book  here- 
 ofthe  Book  ^-,^0  annexed  be  truly  and  exactly  translated  into  the 
 Prayer  into  British  or  Welsh  tongue;  and  that  the  same  so  translated, 
 Welsh.  and  being  by  them,  or  any  three  of  them  at  the  least, 
 viewed,  perused,  and  allowed,  be  imprinted  to  such  number 
 One,  at  at  least,  so  that  one  of  the  said  books  so  translated  and 
 su  h't"-  imprinted  may  be  had  for  every  cathedral,  collegiate,  and 
 lations  to  parish  church,  and  chapel  of  ease,  in  the  said  respective 
 chur  f^^^"^  dioceses  and  places  in  Wales,  where  the  Welsh  is  commonly 
 chapel  in  spoken  or  used,  before  the  first  day  of  May,  1665  ;  and  that 
 ^^aes,  {^QYi-\  and  after  the  imprinting  and  publishing  of  the  said 
 Welsh  is  book  SO  translated,  the  whole  divine  service  shall  be  used 
 s°oken"  ^  ^''^^  ^^^^  ^^  ^^^^  ministers  and  curates  throughout  all  Wales 
 before  within  the  said  dioceses  where  the  Welsh  tongue  is  commonly 
 ^I_  '■'  used,  in  the  British  or  Welsh  tongue,  in  such  manner  and 
 After  that  form  as  is  prescribed  according  to  the  book  hereunto 
 wlioi  ^  ^  annexed  to  be  used  in  the  English  tongue,  differing  nothing 
 service  to  in  any  order  or  form  from  the  said  English  book  ;  for  which 
 Welsh  '"  book,  so  translated  and  imprinted,  the  churchwardens  of 
 Church-  every  the  said  parishes  shall  pay  out  of  the  parish  money  in 
 wardens  to  ^j^^j^.  ^^^ds  for  the  use  of  the  respective  churches,  and  be 
 
 provide  ^  ' 
 
 such  trans-  allowed  the    same  on  their  account ;    and   that   the  said 
 
 c?'°a"ish^*^  bishops  and  their  successors,  or  any  three  of  them  at  the 
 
 funds.         least,  shall  set  and  appoint  the  price  for  which  the  said  book 
 
 Welsh        shall  be  sold  :  and  one  other  Book  of  Common  Prayer  in 
 
 bishops  to  |.j^g  English  tongue  shall  be  bought  and  had  in  every 
 appoint  the  00  o  j 
 
 price  of       church  throughout  Wales,  in  which  the  Book  of  Common 
 
 btbn'^^"^  Prayer  in  Welsh  is  to  be  had  by  force  of  this  Act,  before  the 
 A  copy  of  first  day  of  May,  1664,  and  the  same  book  to  remain  in 
 the  Book     ^^^j^  convenient  places  within  the  said  churches,  that  such 
 
 ot  Common  ^  ' 
 
 Prayer,  in  as  understand  them  may  resort  at  all  convenient  times  to 
 
cxvii]      HISTORY  OF  THE  ENGLISH  CHURCH  617 
 
 read  and  peruse  the  same,  and  also  such  as  do  not  under-      16<>2. 
 
 stand  the  said  language  may^  by  conferring  both  tongues  English, 
 
 together,  the  sooner  attain  to  the  knowledge  of  the  Eng-  in  every 
 
 lish   tongue  ;   anythinsj  in    this  Act   to   the   contrary    not-  ^h"rch 
 
 b       ^         J  ^  J  where  the 
 
 withstanding  :    and  until  printed  copies  of  the  said  book  same  book 
 
 so  to  be  translated  may  be  had  and  provided,   the  form  !"  Welsh 
 
 ,    .  .  IS  kept,  for 
 
 of  common    prayer  established  by  Parliament  before  the  compari- 
 
 makini?  of  this  Act  shall  be  used  as  formerly  in  such  parts  ^°"  *°  ^"" 
 
 .  .  courage 
 
 of    Wiiles   where   the    English    tongue   is    not   commonly  knowledge 
 
 understood.  of  English. 
 
 And  to  the  end  that  the  true  and  perfect  copies  of  this  Arrange- 
 Act,  and  the  said  book  hereunto  annexed,  may  be  safely  "^^"J  ^^ 
 kept  and  perpetually  preserved,  and  for  the  avoiding  of  all  copies  of 
 disputes  for  the  time  to  come,  be  it  therefore  enacted  by  E^^^k^^ 
 the    authority    aforesaid,    that    the    respective    deans   and  Welsh  are 
 chapters    of  every   cathedral    or   collegiate    church    within  Provided. 
 England  and  Wales  shall  at  their  proper  costs  and  charges,  where  and 
 before  the  twenty-fifth  day  of  December,  1662,  obtain  under  how  true 
 the  great  seal  of  England  a  true  and  perfect  printed  copy  of  copies, 
 this  Act,  and  of  the  said  book  annexed  hereunto,  to  be  by  ""der  seal, 
 the  said  deans  and  chapters,  and  their  successors,  kept  and  and  of  the' 
 preserved  in  safety  for  ever,  and  to  be  also  produced  and  ^^ok  of 
 showed  forth  in  any  court  of  record,  as  often  as  they  shall  Prayer 
 be  thereunto  lawfully  required ;    and  also  there  shall  be  annexed, 
 delivered  true  and  perfect  copies  of  this  Act  and  of  the  i-,ad  and 
 same  book,  into  the  respective  courts  at  Westminster,  and  kept, 
 into  the  Tower  of  London,  to  be  kept  and  preserved  for 
 ever  among  the  records  of  the  said  courts,  and  the  records 
 of  the  Tower,  to  be  also  produced  and  showed  forth  in  any 
 court,  as  need  shall  require ;  which  said   books  so  to  be 
 exemplified   under   the    great   seal    of   England,    shall   be 
 examined   by  such   persons   as    the    king's    majesty   shall 
 appoint,  under  the  great  seal  of  England,  for  that  purpose, 
 and   shall  be   compared  with  the  original  book  hereunto 
 annexed,  and  shall  have  power  to  correct  and  amend  in 
 
6i8  DOCUMENTS  ILLUSTRATIVE   OF  THE     [cxvii 
 
 1GG2.      writing  any  error  committed  by  the  printer  in  the  printing 
 of  the  same  book,  or  of  anything  therein  contained,  and 
 shall  certify  in  writing  under  their  hands  and  seals,  or  the 
 hands  and  seals  of  any  three  of  them,  at  the  end  of  the 
 same  book,  that  they  have  examined  and  compared  the 
 same  book,  and  find  it  to  be  a  true  and  perfect  copy ;  which 
 said  books,  and  every  one  of  them,  so  exemplified  under 
 the  great  seal  of  England  as  aforesaid,  shall  be  deemed, 
 taken,  adjudged,  and  expounded  to  be  good  and  available 
 in  the  law,  to  all  intents  and  purposes  whatsoever,  and  shall 
 be  accounted  as  good  records  as  this  book  itself  hereunto 
 annexed ;  any  law  or  custom  to  the  contrary  in  any  wise 
 notwithstanding. 
 Proviso  for      Provided   also,  that  this  Act,  or  anything  therein  con- 
 pj.^f^g"^^  ^  tained,  shall  not  be  prejudicial  or  hurtful  unto  the  king's 
 of  law  at     professor  of  the  law  within  the  University  of  Oxford,  for  or 
 ""^  °'  ■       concerning  the  prebend  of  Shipton  within   the    cathedral 
 church  of  Sarum,  united  and  annexed  unto  the  place  of 
 the  same  king's  professor  for  the  time  being  by  the  late 
 King  James  of  blessed  memory. 
 Proviso  Provided  always,  that  whereas  the  six-and-thirtieth  Article 
 
 th"*^  6^th^"^  of  the  nine-and-thirty  Articles  agreed   upon  by  the  arch- 
 Article        bishops   and   bishops    of  both   provinces,   and   the  whole 
 o  1562.       clergy,  in  the  Convocation  holden  at  London  in  the  year  of 
 our  Lord  1562,  for  the  avoiding  of  diversities  of  opinions, 
 and  for  establishing  of  consent  touching  true  religion,  is  in 
 these  words  following,  viz.  : 
 
 '  That  the  Book  of  Consecration  of  Archbishops  and 
 Bishops,  and  Ordaining  of  Priests  and  Deacons,  lately  set 
 forth  in  the  time  of  King  Edward  VI,  and  confirmed  at  the 
 same  time  by  authority  of  Parliament,  doth  contain  all 
 things  necessary  to  such  consecration  and  ordaining,  neither 
 hath  it  anything  that  of  itself  is  superstitious  and  ungodly  : 
 and  therefore  whosoever  are  consecrated  or  ordered  accord- 
 ing to  the  rites  of  that  book,  since  the  second  year  of  the 
 
cxvii]      HISTORY  OF  THE  ENGLISH  CHURCH  619 
 
 aforenamed  King  Edward  unto  this  time,  or  hereafter  shall  16G2. 
 be  consecrated  or  ordered  according  to  the  same  rites,  we 
 decree  all  such  to  be  rightly,  orderly,  and  lawfully  conse- 
 crated and  ordered' — it  be  enacted,  and  be  it  therefore 
 enacted  by  the  authority  aforesaid,  that  all  subscriptions 
 hereafter  to  be  had  or  made  unto  the  said  Articles  by  any 
 deacon,  priest,  or  ecclesiastical  person,  or  other  person 
 whatsoever,  who  by  this  Act,  or  any  other  law  now  in 
 force,  is  required  to  subscribe  unto  the  said  Articles,  shall 
 be  construed,  and  be  taken  to  extend,  and  shall  be  applied 
 (for  and  touching  the  said  six-and-thirtieth  Article)  unto 
 the  book  containing  the  Form  and  Manner  of  making, 
 ordaining,  and  consecrating  of  Bishops,  Priests,  and  Deacons, 
 in  this  Act  mentioned,  in  such  sort  and  manner  as  the 
 same  did  heretofore  extend  unto  the  book  set  forth  in  the 
 time  of  King  Edward  VI,  mentioned  in  the  said  six-and- 
 thirtieth  Article ;  anything  in  the  said  Article,  or  in  any 
 statute,  Act,  or  canon  heretofore  had  or  made,  to  the 
 contrary  thereof  in  any  wise  notwithstanding. 
 
 Provided   also,  that  the  Book  of  Common  Prayer  and  The  Com- 
 Administration  of  the  Sacraments,  and  other  Rites  and  Cere-  f"o"Prayer 
 
 used  by 
 
 monies  of  this  Church  of  England,  together  with  the  Form  authority 
 and  Manner  of  ordaining  and  consecrating  Bishops,  Priests,  ofP^i'^ia- 
 
 &  r  >  >  ment 
 
 and  Deacons,  heretofore  in  use,  and  respectively  established  i  Eliz.  c.  a, 
 by  Act  of  Parliament  in  the  first  and  eighth  years  of  Queen  ^  ^*'^-  ^-  ^' 
 
 T-iT      1       1        1     11  1  -11  1  11  ,  to  be  used 
 
 Elizabeth,  shall  be  still  used  and  observed  in  the  Church  of  until  St. 
 
 England,  until  the  feast  of  St.  Bartholomew,  which  shall  be  Bartholo- 
 
 1  c  T       J  /-.     1      ^/-  mew's  day, 
 
 in  the  year  01  our  Lord  God  1662.  1662 
 
620 
 
 DOCUMENTS  ILLUSTRATIVE   OF   THE      [cxviii 
 
 16G5. 
 
 Divers  in 
 Holy 
 Orders 
 have  not 
 declared 
 concur- 
 rence with 
 rites  and 
 ceremo- 
 nies direct- 
 ed in  Act 
 of  Uni- 
 formity. 
 
 These  and 
 others  not 
 ordained 
 have,  since 
 Act  of 
 Oblivion, 
 preached 
 and  settled 
 themselves 
 in  corpora- 
 tions 
 
 CXVIII. 
 
 THE  FIVE  MILE  ACT,   16G5. 
 17  Charles  II,  cap.  2. 
 
 The  Five  Mile  Act,  the  last  of  the  so-called  Clarendon  Code,  was 
 passed  in  the  Oxford  Parliament,  October  30,  1665.  Some  of  its 
 provisions  were  altered  by  subsequent  Acts,  and  the  Act  was  prac- 
 tically repealed  by  part  of  the  Toleration  Act  {post,  No.  CXXIII,p.658) 
 and  52  George  III,  c.  155,  sec.  i. 
 
 [Transcr.  Statutes  of  the  Realm,  v.  p.  575.] 
 
 Whereas  divers  parsons,  vicars,  curates,  lecturers,  and 
 other  persons  in  Holy  Orders,  have  not  declared  their  un- 
 feigned assent  and  consent  to  the  use  of  all  things  contained 
 and  prescribed  in  the  Book  of  Common  Prayer  and  Adminis- 
 tration of  the  Sacraments,  and  other  Rites  and  Ceremonies 
 of  the  Church,  according  to  the  Use  of  the  Church  of 
 England,  or  have  not  subscribed  the  declaration  or  ac- 
 knowledgment contained  in  a  certain  Act  of  Parliament 
 made  in  the  fourteenth  year  of  his  majesty's  reign,  and 
 entitled  '  An  Act  for  the  uniformity  of  pubhc  prayers  and 
 administration  of  Sacraments  and  other  rites  and  cere- 
 monies, and  for  the  establishing  the  form  of  making,  ordain- 
 ing, and  consecrating  of  bishops,  priests,  and  deacons  in  the 
 Church  of  England,'  according  to  the  said  Act  or  any  other 
 subsequent  Act ;  and  whereas  they  or  some  of  them,  and 
 divers  other  person  and  persons  not  ordained  according 
 to  the  form  of  the  Church  of  England,  and  as  have  since 
 the  Act  of  Oblivion  taken  upon  them  to  preach  in  unlawful 
 assemblies,  conventicles,  or  meetings,  under  colour  or  pre- 
 tence of  exercise  of  reHgion,  contrary  to  the  laws  and 
 statutes  of  this  kingdom,  have  settled  themselves  in  divers 
 corporations  in  England,  sometimes  three  or  more  of  them 
 in   a   place,   thereby   taking   an   opportunity    to   distil    the 
 
cxviii]      HISTORY  OF   THE  ENGLISH  CHURCH  621 
 
 poisonous    principles    of    schism   and    rebellion    into    the      1G(»5. 
 hearts  of  his    majesty's    subjects,  to   the   great   danger  of 
 the  Church  and  kingdom  : 
 
 Be    it   therefore  enacted    by   the  king's    most    excellent  Such  per- 
 majesty,  by  and  with  the  advice  and  consent  of  the  Lords  ?°"^A""" 
 spiritual  and  temporal,  and  the  Commons,  in  this  present  take  the 
 Parliament  assembled,  and   by  the  authority  of  the  same,   °  o^''"?^ 
 
 '  -^  ■^  '  oath  ,  re- 
 
 that  the  said  parsons,  vicars,  curates,  lecturers,  and  other  strained 
 persons  in  Holy  Orders,  or  pretended  Holy  Orders,  or  pre-  j^^^^i^^^j^^^. 
 tending   to  Holy    Orders,  and   all  stipendiaries  and  other  within  cor- 
 persons  who  have  been  possessed  of  any  ecclesiastical  or  poi"^tions 
 spiritual   promotion,    and    every   of  them,   who   have    not  March  20, 
 declared  their  unfeigned  assent  and  consent  as  aforesaid,  ^    5' 
 and  subscribed  the  declaration  aforesaid,  and  shall  not  take 
 and  subscribe  the  oath  following : 
 
 '  I,  A.  B.^  do  swear  that  it  is  not  lawful  upon  any  pretence 
 whatsoever  to  take  arms  against  the  king ;  and  that  I  do 
 abhor  that  traitorous  position  of  taking  arms  by  his  authority 
 against  his  person,  or  against  those  that  are  commissionated 
 by  him  in  pursuance  of  such  commissions  ;  and  that  I  will 
 not  at  any  time  endeavour  any  alteration  of  government, 
 either  in  Church  or  State.' 
 
 And  all  such  person  and  persons  as  shall  take  upon  them 
 to  preach  in  any  unlawful  assembly,  conventicle,  or  meeting, 
 under  colour  or  pretence  of  any  exercise  of  religion,  con- 
 trary to  the  laws  and  statutes  of  this  kingdom,  shall  not  at 
 any  time,  from  and  after  the  four-and-twentieth  day  of  March 
 which  shall  be  in  this  present  year  of  our  Lord  God,  1665, 
 unless  only  in  passing  upon  the  road,  come  or  be  within  five 
 miles  of  any  city  or  town  corporate,  or  borough  that  sends  bur- 
 gesses to  the  Parliament,  within  his  majesty's  kingdom  of 
 England,  principality  of  Wales,  or  of  the  town  of  Berwick- 
 upon-Tweed,  or  within  five  miles  of  any  parish,  town,  or  or  within 
 place  wherein  he  or  they  have  since  the  Act  of  Oblivion  been  qi\^  ^^ 
 parson,  vicar,  curate,  stipendiary,  or  lecturer,  or  taken  upon  parish, 
 
622  DOCUMENTS   ILLUSTRATIVE  OF  THE      [cxviii 
 
 1065.      them  to  preach  in  any  unlawful  assembly,  conventicle,  or 
 
 town,  or     meeting,  under  colour  or  pretence  of  any  exercise  of  reli- 
 
 wherethey  gio"j  contrary  to  the  laws   and  statutes  of  this  kingdom, 
 
 liave  exer-  before  he  or  they   have  taken   and   subscribed    the    oath 
 
 rdto-iou^     aforesaid,  before  the  justices  of  peace  at  their  quarter  ses- 
 
 office  con-  sions  to  be  holden  for  the  county,  riding,  or  division  next 
 
 llw!^  °       "^''^0  the  said  corporation,  city  or  borough,  parish,  place  or 
 
 town,  in  open  court  (which  said  oath  the  said  justices  are 
 
 The  hereby  empowered  there  to  administer) ;   upon  forfeiture 
 
 of  {sic)  every  such  offence  the  sum  of  forty  pounds  of  lawful 
 
 English  money,  the  one  third  part  thereof  to  his  majesty 
 
 and  his  successors,  the  other  third  part  to  the  use  of  the 
 
 poor  of  the  parish  where  the  offence  shall  be  committed, 
 
 and  the  other  third  part  thereof  to  such  person  or  persons 
 
 as  shall  or  will  sue  for  the  same  by  action  of  debt,  plaint, 
 
 bill,  or  information,  in  any  court  of  record  at  Westminster, 
 
 or  before  any  justices  of  assize,  oyer  and  terminer,  or  gaol 
 
 delivery,  or  before  any  justices  of  the  counties  palatine  of 
 
 Chester,  Lancaster,  or  Durham,  or  the  justices  of  the  great 
 
 sessions  in  Wales,  or  before  any  justices  of  peace  in  their 
 
 quarter  sessions,  wherein  no  essoin,  protection,  or  wager  of 
 
 law  shall  be  allowed. 
 
 No  person       Provided  always,  and  be  it  further  enacted  by  the  autho- 
 
 SO  rc~ 
 
 strained  ^'^^Y  aforesaid,  that  it  shall  not  be  lawful  for  any  person 
 unless  tak-  or  persons  restrained  from  coming  to  any  city^  town  cor- 
 oath  afore-  porate,  borough,  parish,  town,  or  place  as  aforesaid,  or  for 
 said  and  any  Other  person  or  persons  as  shall  not  first  take  and  sub- 
 ing  divine  scribc  the  Said  oath,  and  as  shall  not  frequent  divine  service 
 service,  to  established  by  the  laws  of  this  kingdom,  and  carry  him  or 
 schooh'^"^    her  self  reverently,  decently,  and  orderly  there,  to  teach  any 
 
 public  or  private  school,  or  take  any  boarders  or  tablers 
 
 that  are  taught  or  instructed  by  him  or  her  self,  or  any 
 Penalty,      other,  upon  pain  for  every  such  offence  to  forfeit  the  sum 
 
 of  forty  pounds,  to  be  recovered  and  distributed  as  aforesaid. 
 
 Provided  also,  and  be  it  further  enacted  by  the  authority 
 
cxix]      HISTORY  OF  THE  ENGLISH   CHURCH  623 
 
 aforesaid,  that  it  shall  be  lawful  for  any  two  justices  of  the  1665. 
 peace  of  the  respective  county,  upon  oath  to  them  of  any 
 offence  against  this  Act,  which  oath  they  are  hereby  em- 
 powered to  administer,  to  commit  the  offender  for  six 
 months  without  bail  or  mainprize,  unless  upon  or  before 
 such  commitment  he  shall,  before  the  said  justices  of 
 the  peace,  swear  and  subscribe  the  aforesaid  oath  and 
 declaration. 
 
 Provided  always,  that  if  any  person  intended  to  be  re-  Proviso  for 
 strained  by  virtue  of  this  Act  shall  without  fraud  or  covin  be  persons 
 served  with  any  writ,  subpoena,  warrant,  or  other  process,  whose  pre- 
 whereby  his  personal  appearance  is  required,  his  obedience  proscribed 
 to  such  writ,  subpoena^  or  process  shall  not  be  construed  an  places  is 
 offence  against  this  Act.  by-law. 
 
 CXIX. 
 
 THE   SECOND  CONVENTICLE   ACT,    a.d.  1670. 
 22  Charles  II,  cap.  1. 
 
 A  Conventicle  Act  was  passed  in  1664  (16  Charles  II,  cap.  4)  to       1670. 
 remain  in  force  for  three  years  ;  in  1670  the  following  Act  w^as  passed, 
 slightly  modifying  the  provisions  of  its  predecessor.     It  was  repealed 
 by  the  Toleration  Act  of  1689  {post,  No.  CXXIII). 
 
 [Transcr.  Statutes  of  the  Realm,  v.  p.  648.] 
 
 For  providing  further  and  more  speedy  remedies  against  Objects  of 
 the  growing  and  dangerous  practices  of  seditious  sectaries  ^^' 
 
 and  other  disloyal  persons,  who,  under  pretence  of  tender 
 consciences,  have  or  may  at  their  meetings  contrive  insur- 
 rections (as  late  experience  has  shown),  be  it  enacted  by 
 the  king's  most  excellent  majesty,  by  and  with  the  advice 
 and  consent  of  the  Lords  spiritual  and  temporal,  and 
 Commons,  in  this  present  Parliament  assembled,  and  by 
 authority  of  the  same,  that  if  any  person  of  the  age  of  sixteen 
 years  or  upwards,  being  a  subject  of  this  realm,  at  any  time 
 
624  DOCUMENTS  ILLUSTRATIVE   OF   THE      [cxix 
 
 1670.  after  the  tenth  day  of  May  next   shall  be  present  at  any 
 
 Persons  assembly,  conventicle,  or  meeting,  under  colour  or  pretence 
 
 agroVi6^  of  any  exercise  of  religion,  in  other  manner  than  according 
 
 present  at  [q  the  liturgy  and  practice  of  the  Church  of  England,  in  any 
 
 ?ide"afte'r  pl^ce  within  the  kingdom  of  England,  dominion  of  Wales,  or 
 
 May  lo.  town  of  Berwick-upon-Tweed,  at  which  conventicle,  meeting, 
 
 of  oftfnci"^  or  assembly  there  shall  be  five  persons  or  more  assembled 
 
 Definition  together,  over  and  besides  those  of  the  same  household, 
 
 ofa  con-     j^  jj.  1^^  -j^  ^  house  where  there  is  a  family  inhabiting,  or 
 venticle,  .  r       •^ 
 
 if  it  be  in  a  house,  field,  or  place  where  there  is  no  family 
 
 inhabiting,  then  where  any  five  persons  or  more  are  so 
 assembled  as  aforesaid,  it  shall  and  may  be  lawful  to  and 
 for  any  one  or  more  justices  of  the  peace  of  the  county, 
 limit,  division,  corporation,  or  liberty  wherein  the  offence 
 aforesaid  shall  be  committed,  or  for  the  chief  magistrate 
 of  the  place  where  such  offence  aforesaid  shall  be  com- 
 mitted, and  he  and  they  are  hereby  required  and  enjoined, 
 upon  proof  to  him  or  them  respectively  made  of  such 
 Method  of  offence,  either  by  confession  of  the  party  or  oath  of  two 
 convicuon.  ^yitnesscs  (which  oath  the  said  justice  and  justices  of  the 
 peace,  and  chief  magistrate  respectively,  are  hereby  em- 
 powered and  required  to  administer),  or  by  notorious 
 evidence  and  circumstance  of  the  fact,  to  make  a  record 
 of  every  such  offence  under  his  or  their  hands  and  seals 
 respectively :  which  record  so  made  as  aforesaid  shall,  to 
 all  intents  and  purposes,  be  in  law  taken  and  adjudged 
 to  be  a  full  and  perfect  conviction  of  every  such  offender 
 Tiie  for  such  offence ;  and  thereupon  the  said  justice,  justices, 
 
 penalty  for  ^^^  chief  magistrate  respectively  shall  impose,  on  every  such 
 oilcnce.  offender,  so  convicted  as  aforesaid,  a  fine  of  five  shillings 
 for  such  first  offence ;  which  record  and  conviction  shall  be 
 certified  by  the  said  justice,  justices,  or  chief  magistrate,  at 
 the  next  quarter  sessions  of  the  peace  for  the  county  or 
 place  w^iere  the  offence  was  committed. 
 
 And   be  it  further  enacted  by  the  authority  aforesaid, 
 
cxix]     HISTORY  OF  THE  ENGLISH  CHURCH  625 
 
 that  if  such  offender  so  convicted  as  aforesaid  shall,   at      1670. 
 
 any  time,  again  commit  the  like  offence  or  offences  contrary 
 
 to  this  Act,  and  be  thereof,  in  manner  aforesaid,  convicted, 
 
 then  such  offender  so  convicted  of  such  like  offence  or  The 
 
 offences  shall  for  every  such  offence  incur  the  penalty  of  P^"^^*^^  ^^f 
 
 ■'  c  J         jj^g  second 
 
 ten  shillings ;  which  fine  and  fines  for  the  first  and  every  offence. 
 
 other  offence  shall  be  levied   by  distress  and  sale  of  the 
 
 offender's  goods  and  chattels,  or,  in  case  of  the  poverty  of 
 
 such  offender,  upon  the  goods  and  chattels  of  any  other  The 
 
 person  or  persons  who  shall  be  then  convicted  in  manner  P^^^'^ies, 
 
 aforesaid  of  the  like  offence  at  the  same  conventicle,  at  the  be  levied, 
 
 discretion  of  the  said  justice^  justices,  or  chief  magistrate 
 
 respectively,  so  as  the  sum  to  be  levied  on  any  one  person, 
 
 in  case  of  the  poverty  of  other  offenders,  amount  not,  in 
 
 the  whole,  to  above  the  sum  of  ten  pounds,  upon  occasion 
 
 of  any  one  meeting   as   aforesaid :    and   every  constable,  Con- 
 
 headborough,  tithingman,  churchwardens  and  overseers  of  ^^^^^^^' 
 ^  .      ^         '  &c.,  to 
 
 the  poor  respectively,  are  hereby  authorized  and  required  levy  the 
 
 to  levy  the  same  accordingly,  having  first  received  a  warrant  s^^^'  ^^^ 
 
 under  the  hands  and  seals  of  the  said  justice,  justices,  or  to  the 
 
 chief  magistrate  respectively  so  to  do ;  the  said  moneys,  so  Justice. 
 
 to  be  levied,  to  be  forthwith  delivered  to  the  same  justice, 
 
 justices,  or  chief  magistrate,  and   by  him  or  them  to  be  The 
 
 distributed,  the  one  third  part  [thereof  to  the  use  of  the  P^^^'^ies 
 
 '  ^  L  are  to  be 
 
 king's  majesty,  his  heirs  and  successors,  to  be  paid  to  the  divided 
 
 high  sheriff  of  the  county  for  the  time  being  in   manner  r^i^^T^^"^ 
 
 following;   that  is  to  say,  the  justice  or  justices  of  peace  the  poor  of 
 
 shall  pay  the  same  into  the  court  of  the  respective  quarter  ^^f^  P^nsh 
 
 sessions,  which  said  court   shall   deliver  the  same  to  the  offence  is 
 
 sheriff,  and   make  a  memorial  on  record  of  the  payment  comrnitted, 
 
 ^    ■'  and  the 
 
 and  delivery  thereof,  which  said  memorial  shall  be  a  suffi-  informer 
 
 cient  and  final  discharge  to  the  said  iustice  and  justices,  °,^  person 
 
 °         .  •'  ■'  through 
 
 and   a   charge   to   the   sheriff,   which    said    discharge   and  whose  in- 
 charge  shall  be  certified  into  the  exchequer  together,  and  strumen- 
 
 not  one  without  the  other :  and  no  justice  shall  or  may  be  conviction 
 
 o  (,  is  obtained. 
 
626  DOCUMENTS  ILLUSTRATIVE   OF  THE     [cxix 
 
 1670.  questioned  or  accountable  for  the  same  in  the  exchequer, 
 or  elsewhere  than  in  quarter  sessions :  another  third  part 
 thereof]  to  and  for  the  use  of  the  poor  of  the  parish  where 
 such  offence  shall  be  committed,  and  the  other  third 
 part  thereof  to  the  informer  and  informers,  and  to  such 
 person  and  persons  as  the  said  justice,  justices,  or  chief 
 magistrate  respectively  shall  appoint,  having  regard  to  their 
 diligence  and  industry  in  the  discovery,  dispersing,  and 
 punishing  of  the  said  conventicles. 
 The  And   be  it  further  enacted  by  the  authority  aforesaid, 
 
 preachmff^  that  every  person  who  shall  take  upon  him  to  preach  or 
 or  teaching  teach  in  any  such  meeting,  assembly,  or  conventicle,  and 
 v-enticle":  ^^^^^  thereof  be  convicted  as  aforesaid,  shall  forfeit  for  every 
 to  be  such  first  offence  the  sum  of  twenty  pounds,  to  be  levied  in 
 
 j^^J  manner  aforesaid  upon  his  goods  and  chattels ;  and  if  the 
 
 preacher,    said  preacher  or  teacher  so  convicted  be  a  stranger,  and 
 or  upon  his  ^^^^  name  and  habitation  not  known,  or  is  fled  and  cannot 
 hearers  if    be  found,  or  in  the  judgment  of  the  justice,  justices,  or  chief 
 known.       magistrate,  before  whom   he  shall  be  convicted,  shall  be 
 thought  unable  to  pay  the  same,  the  said  justice,  justices,  or 
 chief  magistrate  respectively  are  hereby  empowered  and  re- 
 quired to  levy  the  same,  by  warrant  as  aforesaid,  upon  the 
 goods  and  chattels  of  any  such  persons  who  shall  be  present 
 at  the  same  conventicle ;  anything  in  this  or  any  other  Act, 
 The  law,  or  statute  to  the  contrary  notwithstanding ;    and  the 
 
 money  so  ^loney  SO  levied  to  be  disposed  of  in  manner  aforesaid  :  and 
 levied  to       _  ■'  ^ 
 
 be  dis-  if  such  offender  so  convicted  as  aforesaid  shall  at  any  time 
 posed  of  ^g^\Y^  commit  the  like  offence  or  offences,  contrary  to  this 
 manner  Act,  and  be  thereof  convicted  in  manner  aforesaid,  then 
 prescribed,  g^^j^  offender  so  convicted  of  such  like  offence  or  offences 
 
 I ncrcnscd 
 
 penalty  for  ^^^^^   ^^^   every  such    offence   incur   the   penalty   of  forty 
 repeating    pounds,  to  be  levied  and  disposed  as  aforesaid. 
 The  for-  "^^^  ^^  ^^  further  enacted  by  the  authority  aforesaid, 
 
 feiture  of    that  cvery  person  who  shall  wittingly  and  willingly  suffer 
 ^  Annexed  to  the  original  in  a  separate  schedule. 
 
cxix]      HISTORY  OF  THE  ENGLISH  CHURCH  627 
 
 any  such  conventicle,  meeting,  or  unlawful  assembly  afore-      1670. 
 said  to  be  held  in  his  or  her  house,  outhouse,  barn,  yard,  ^"^^  ^^ 
 or  backside,  and  be  convicted  thereof  in  manner  aforesaid,  venticles 
 shall  forfeit  the  sum  of  twenty  pounds,   to   be  levied  in  i"  their 
 manner  aforesaid  upon  his  or  her  goods  and  chattels,  or.  How  to  be 
 in  case  of  his  or  her  poverty  or  inability  as  aforesaid,  upon  levied— on 
 'the  goods  and  chattels  of  such  persons  who  shall  be  con-  sent  if  the 
 victed,  in  manner  aforesaid,  of  being  present  at  the  same  house- 
 conventicle ;    and  the  money  so  levied  to  be  disposed  of  unable  to 
 in  manner  aforesaid.  P^y- 
 
 [Provided  always,   and  be  it  enacted  by  the  authority  j/j*^,"^^"^ 
 aforesaid,  that  no  person  shall,  by  any  clause  of  this  Act,  more  than 
 be  liable  to  pay  above  ten  pounds  for  any  one  meeting,  ^°  •  ^^ 
 in  regard  of  the  poverty  of  any  other  person  or  persons.         one  meet- 
 Provided  also,  and  be  it  further  enacted,  that  in  all  cases  "^^" 
 of  this  Act,  where  the  penalty  or  sum   charged  upon  any  allowed 
 
 offender  exceeds  the  sum  of  ten  shillings,  and  such  offender  i"  cases 
 
 where  the 
 shall  find  himself  aggrieved,  it  shall  and  may  be  lawful  for  penalty 
 
 him,  within    one  week   after   the   said   penalty  or  money  exceeds 
 
 charged  shall  be  paid  or  levied,  to  appeal  in  writing  from       " 
 
 the  person  or  persons  convicting,  to  the  judgment  of  the  and  in 
 
 iustices  of  the   peace   in   their  next  quarter  sessions ;   to  ^  ^' 
 ■'  ^  .  .  cases. 
 
 whom  the  justice  or  justices  of  peace,  chief  magistrate,  or 
 alderman,  that  first  convicted  such  offender,  shall  return 
 the  money  levied  upon  the  appellant,  and  shall  certify 
 under  his  and  their  hands  and  seals  the  evidence  upon 
 which  the  conviction  passed,  with  the  whole  record  thereof 
 and  the  said  appeal :  w^hereupon  such  offender  may  plead 
 and  make  defence,  and  have  his  trial  by  a  jury  thereupon : 
 and  in  case  such  appellant  shall  not  prosecute  with  effect, 
 or  if,  upon  such  trial,  he  shall  not  be  acquitted  or  judgment 
 pass  not  for  him  upon  his  said  appeal,  the  said  justices  at 
 the  sessions  shall  give  treble  costs  against  such  offender 
 for  his  unjust  appeal :  and  no  other  court  whatsoever  shall 
 intermeddle  with  any  cause  or  causes  of  appeal  upon  this 
 
 S  s  2 
 
6-8  DOCUMENTS  ILLUSTRATIVE  OF  THE     [cxix 
 
 1G70.      Act,  but  they  shall  be  finally  determined  in  the  quarter 
 sessions  only. 
 Appellants      Provided   always,  and  be  it  further  enacted,  that  upon 
 to  enter      j|^g   delivery  of  such  appeal  as  aforesaid,   the   person  or 
 
 into  recog-  '^  i     r  i 
 
 nizances  pcrsons  appellant  shall  enter  before  the  person  or  persons 
 to  prose-  convicting,  into  a  recognizance,  to  prosecute  the  said  appeal 
 appeals.      with  effect :  which  said  recognizance  the  person  or  persons* 
 
 convicting  is  hereby  empowered  to  take,  and  required  to 
 
 certify  the  same  to  the  next  quarter  sessions :  and  in  case 
 
 no  such  recognizance  be  entered  into,  the  said  appeal  to 
 
 be  null  and  void. 
 
 Provided  always,  that  every  such  appeal  shall   be    left 
 
 with  the  person  or  persons  so  convicting  as  aforesaid,  at 
 
 the  time  of  the  making  thereof  ^] 
 ju.sticesof  And  be  it  further  enacted  by  the  authority  aforesaid,  that 
 those 'au-  ^^e  justicc,  justices  of  the  peace,  and  chief  magistrate 
 thorized  respectively,  or  the  respective  constables,  headboroughs, 
 may,  upon  and  tithingmen,  by  warrant  from  the  said  justice,  justices, 
 refusal  of  or  chief  magistrate  respectively,  shall  and  may,  with  what 
 break  open  ^^^j  force,  and  assistance  they  shall  think  fit,  for  the  better 
 doors  of      execution  of  this  Act,  after  refusal  or  denial  to  enter,  break 
 
 open  and  enter  into  any  house  or  other  place  where  they 
 
 conven- 
 
 ticles and    shall  be  informed  any  such  conventicle  as  aforesaid  is  or 
 
 those  shall  be  held,  as  well  within  liberties  as  without,  and  take 
 
 assem-        into  their  custody  the  persons  there  unlawfully  assembled, 
 
 to  the  intent  they  may  be  proceeded  against  according  to 
 
 this  Act ;  and  that  the  lieutenants  or  deputy-lieutenants,  or 
 
 any  commissionated  officer  of  the  militia,  or  other  of  his 
 
 majesty's  forces,  with  such  troops  or  companies  of  horse 
 
 and  foot,  and  also  the  sheriffs,  and  other  magistrates  and 
 
 ministers  of  justice,  or  any  of  them,  jointly  or  severally, 
 
 within  any  the  counties  or  places  within  this  kingdom  of 
 
 Power  to    England,   dominion    of  Wales,  or  town   of  Berwick-upon- 
 
 conven-      Tweed,  with  such  other  assistance  as  they  shall  think  meet, 
 
 ^'^'^'"^  ^  Annexed  to  the  original  in  a  separate  schedule. 
 
cxix]      HISTORY  OF  THE  ENGLISH  CHURCH  629 
 
 or  can  get  in  readiness   with    the    soonest,   on   certificate      1670. 
 made  to  them  respectively  under  the  hand  and  seal  of  any  father  with 
 
 •^   horse  or 
 
 one  justice  of  the  peace  or  chief  magistrate,  of  his  particular  foot, 
 information  or  knowledge  of  such  unlawful  meeting  or  con- 
 venticle held  or  to  be  held  in  their  respective  counties  or 
 places,  and  that  he,  with  such  assistance  as  he  can  get 
 together,  is  not  able  to  suppress  and  dissolve  the  same, 
 shall  and  may,  and  are  hereby  required  and  enjoined  to 
 repair  unto  the  place  where  they  are  so  held  or  to  be  held, 
 and,  by  the  best  means  they  can,  to  dissolve,  dissipate,  or 
 prevent  all  such  unlawful  meetings,  and  take  into  their 
 custody  such  and  so  many  of  the  said  persons  so  unlawfully 
 assembled  as  they  shall  think  fit,  to  the  intent  they  may  be 
 proceeded  against  according  to  this  Act. 
 
 Provided  always,  that  no  dwelling-house  of  any  peer  of  Houses  of 
 
 this  realm,  where  he  or  his  wife  shall  be  then  resident,  shall  Pu  *^^^  , 
 '  '  the  realm 
 
 be  searched  by  virtue  of  this  Act,  but  by  immediate  warrant  only  to  be 
 from  his  majesty,  under  his  sign  manual,  or  in  the  presence  ^^^J"^'^^^ 
 of  the  lieutenant,  or  one  deputy-lieutenant,  or  two  justices  of  king's 
 the  peace,  whereof  one  to  be  of  the  quorum  of  the  same  """^^^  ^ 
 
 ^  '  ^  warrant, 
 
 county  or  riding. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid,  that  The 
 if  any  constable,  headborough,  tithingman,  churchwarden,  J^?^^^^  ^^'^ 
 or  overseer  of  the  poor,   who   shall  know  or  be  credibly  performing 
 informed  of  any  such  meetings  or  conventicles  held  within 
 his  precincts,  parish,  or  limits,  and  shall  not  give  informa- 
 tion  thereof  to    some   justice  of  the  peace  or   the  chief 
 magistrate,   and  endeavour  the  conviction   of  the   parties 
 according  to  his  duty,  but  such  constable,  headborough, 
 tithingman,   churchwarden,   overseers  of  the  poor,   or  any 
 person  lawfully  called  in  aid  of  the  constable,  headborough, 
 or  tithingman,  shall  wilfully  and  wittingly  omit  the  perform- 
 ance of  his  duty  in  the  execution  of  this  Act,  and  be  thereof 
 convicted,  in  manner  aforesaid,  he  shall  forfeit  for  every  such 
 offence  the  sum  of  five  pounds,  to  be  levied  upon  his  goods 
 
630  DOCUMENTS  ILLUSTRATIVE   OF  THE     [cxix 
 
 1C70.  and  chattels,  and  disposed  in  manner  aforesaid  :  and  that 
 if  any  justice  of  the  peace  or  chief  magistrate  shall  wilfully 
 and  wittingly  omit  the  performance  of  his  duty  in  the 
 execution  of  this  Act,  he  shall  forfeit  the  sum  of  one  hundred 
 pounds  ;  the  one  moiety  to  the  use  of  his  majesty,  the  other 
 moiety  to  the  use  of  the  informer ;  to  be  recovered  by 
 action,  suit,  bill,  or  plaint,  in  any  of  his  majesty's  courts  at 
 Westminster,  wherein  no  essoin,  protection,  or  wager  of  law 
 
 shall  lie. 
 All  per-  And  be  it  further  enacted  by  the  authority  aforesaid,  that 
 
 demnificd    i^  ^^J  person  be  at  any  time  sued  for  putting  in  execution 
 that  put      any  of  the  powers  contained  in  this  Act,  otherwise  than  upon 
 
 appeal  allowed  by  this  Act,  such  person  shall  and  may  plead 
 
 in  execu- 
 
 tion, the  general  issue,  and  give  the  special  matter  in  evidence ; 
 
 and  if  the  plaintiff  be  nonsuited,  or  a  verdict  pass  for  the 
 defendant,    or  if  the  plaintiff  discontinue   his    action,    or 
 if,  upon  demurrer,  judgment  be  given  for  the  defendant, 
 every  such  defendant  shall  have  his  full  treble  costs. 
 This  Act         And  be  it  further  enacted  by  the  authority  aforesaid,  that 
 terpret"d    ^^^^  ^^^^  ^^^  ^^^  clauses  therein  contained,  shall  be  con- 
 most  bene-  strued  most  largely  and  beneficially  for  the  suppressing  of 
 for^sup-      conventicles,  and  for  the  justification  and  encouragement 
 pressing     of  all  persons  to  be  employed  in  the  execution  thereof; 
 ticleT"       ^^^  ^^^^  ^^  record,  warrant,  or  mittimus  to  be  made  by 
 virtue  of  this  Act  or  any  proceedings  thereupon,  shall  be 
 reversed,  avoided,  or  any  way  impeached  by  reason  of  any 
 default  in  form.     And  in  case  any  person  offending  against 
 this  Act  shall  be  an  inhabitant   in  any   other   county  or 
 corporation,  or  fly  into  any  other  county  or  corporation  after 
 the  offence  committed,  the  justice  of  the  peace  or  chief 
 magistrate  before  whom  he  shall  be  convicted  as  aforesaid 
 shall  certify  the  same,  under   his   hand  and  seal,   to  any 
 justice  of  peace  or  chief  magistrate  of  such  other  county  or 
 corporation  wherein  the  said  person  or  persons  are  inhabit- 
 ants or  are  fled  into  ;  which  said  justice  or  chief  magistrate 
 
cxix]     HISTORY  OF  THE  ENGLISH  CHURCH  631 
 
 respectively  is  hereby  authorized  and  required  to  levy  the  1670. 
 penalty  or  penalties  in  this  Act  mentioned,  upon  the  goods 
 and  chattels  of  such  person  or  persons,  as  fully  as  the  said 
 other  justice  of  peace  might  have  done,  in  case  he  or  they 
 had  been  inhabitants  in  the  place  where  the  offence  was 
 committed. 
 
 Provided  also,  that  no  person  shall  be  punished  for  any  Offenders 
 offence  against  this  Act,  unless  such  offender  be  prosecuted  sg^!^^^^^^' 
 for  the  same  within  three  months  after  the  offence  com-  within 
 mitted ;  and  that  no  person  who  shall  be  punished  for  any  ^  ^^f, 
 
 ^  ^  ^  ■'   months 
 
 offence  by  virtue  of  this  Act,  shall  be  punished  for  the  same  after  the 
 
 offence  by  virtue  of  any  other  Act  or  law  whatsoever.  offence. 
 
 Provided,  and   be   it  further  enacted   by  the  authority  Aldermen 
 
 aforesaid,    that   every  alderman   of  London    for   the  time  Y^^  !" 
 
 being,  within  the  city  of  London  and  the  liberties  thereof,  have  the 
 
 shall    have   (and   they   and    every   of    them    are    hereby  ^^"^^ 
 \  J  J  J  power 
 
 empowered  and  required  to  execute)  the  same  power  and  there  as 
 
 authority  within  London  and  the  liberties  thereof,  for  the  J^^^^^^^  °^ 
 
 .     .  peace, 
 
 examining,  convicting,  and  punishing  of  all  offences  within 
 
 this  Act  committed  within  London  and  the  liberties  thereof, 
 
 which  any  justice  of  peace  has  by  this  Act  in  any  county 
 
 of  England,   and  shall   be  subject  to  the  same  penalties 
 
 and  punishments^  for  not  doing  that  which  by  this  Act  is 
 
 directed  to  be  done  by  any  justice  of  peace  in  any  county 
 
 of  England. 
 
 Provided,  and  be  it  enacted  by  the  authority  aforesaid,  Feme 
 that  if  the  person  offending  and  convicted  as  aforesaid  be  ^^^^  ' 
 a  feme  covert^  cohabiting  with  her  husband,  the  penalties 
 of  five  shillings  and  ten  shillings,  so  as  aforesaid  incurred, 
 shall  be  levied  by  warrant,  as  aforesaid,  upon  the  goods  and 
 chattels  of  the  husband  of  's^xch^feme  covert.  of  the 
 
 Provided  also,    that   no   peer   of   this    realm    shall    be  realm  to  be 
 attached  or  imprisoned    by   virtue   or   force  of  this  Act ;  or  im- 
 any  thing,  matter,  or  clause  therein,  to  the  contrary,  not-  P^soned 
 withstanding.  thisAct. 
 
632  DOCUMENTS  ILLUSTRATIVE   OF  THE     [cxix 
 
 1G70.  Provided  also,  that  neither  this  Act,  nor  anything  therein 
 
 Proviso  contained,  shall  extend  to  invalidate  or  avoid  his  majesty's 
 king's  supremacy  in  ecclesiastical  affairs  ;  but  that  his  majesty 
 supremacy  ^^d  his  heirs  and  successors  may  from  time  to  time,  and 
 
 in  cccic" 
 
 siastical      at  all  times  hereafter,  exercise  and  enjoy  all  powers  and 
 affairs.        authorities  in  ecclesiastical  affairs,  as  fully  and  as  amply  as 
 himself  or  any  of  his  predecessors  have  or  might  have  done 
 the  same  ;  anything  in  this  Act  notwithstanding. 
 
 cxx. 
 
 THE   TEST   ACT,    a.d.  1673. 
 25  Chas.  II.  CAP.  2. 
 
 1G73.  This  Act  was  passed  in  1673,  and  remained  in   force  until  1828. 
 
 See  the  introduction  to  the  Corporation  Act  {ante,  CXVI). 
 
 [Transcr.  Statutes  of  the  Realm,  v,  p.  782.] 
 
 Objects  of       For  preventing  dangers  which  may  happen  from  popish 
 ^  ■      recusants,   and  quieting  the  minds  of  his  majesty's  good 
 subjects,  be  it  enacted  by  the  king's  most  excellent  majesty, 
 by  and  with  the  advice  and  consent  of  the  Lords  spiritual 
 and  temporal,  and  the  Commons,  in  this  present  Parliament 
 All  per-      assembled,  and   by  authority  of   the    same,   that   all   and 
 sons  t  lat    eygj-y  person  or  persons,  as  well  peers  as  commoners,  that 
 offices         shall  bear  any  office  or  offices,  civil  or  military,  or  shall 
 oftnfT^     receive  any  pay,  salary,  fee,  or  wages    by  reason  of  any 
 under  his    patent  or  grant  from  his  majesty,  or  shall  have  command 
 the  D^^°^  or  place  of  trust  from  or  under  his  majesty,  or  from  any 
 of  York,     of  his  majesty's  predecessors,  or  by  his  or  their  authority, 
 wiThi"^      or   by  authority   derived   from    him   or   them,   within    the 
 London  or  realm  of  England,  dominion  of  Wales,  or  town  of  Berwick- 
 minster       upon-Tweed,  or  in   his   majesty's    navy,  or  in  the   several 
 within         islands  of  Jersey  and  Guernsey,  or  shall  be  of  the  house- 
 mikf         ^^^^  ^'^  ^"  ^^^  service  or  employment  of  his  majesty,  or 
 
cxx]      HISTORY  OF  THE  ENGLISH  CHURCH  633 
 
 of  his  royal  highness  the  Duke  of  York,  who  shall  inhabit,       1673 
 reside,  or  be  within  the  city  of  London  or  Westminster,  thereof 
 
 '  •'  must  take 
 
 or  within  thirty  miles  distant  from  the  same,  on  the  first  the  oaths 
 day  of  Easter  term,  that  shall  be  in  the  year  of  our  Lord  °^  ^^'egi- 
 
 •^  ,  ,  ^  ance  and 
 
 1673,  or  at  any  time  during  the  said  term,  all  and  every  supre- 
 the  said  person  and  persons  shall  personally  appear  before  "^^^^j 
 the  end  of  the  said  term,  or  of  Trinity  term  next  following, 
 in  his  majesty's  High  Court  of  Chancery,  or  in  his  majesty's 
 Court  of  King's  Bench,  and    there    in    public   and  open 
 court,  between  the  hours  of  nine  of  the  clock  and  twelve 
 in  the  forenoon,  take  the  several  oaths  of  supremacy  and 
 allegiance — which    oath    of   allegiance   is   contained   in   a 
 statute   made  in  the  third   year  of  King  James — by  law 
 established ;    and   during  the  time  of  the  taking  thereof 
 by  the  said  person  and  persons,  all  pleas  and  proceedings 
 in  the  said  respective  courts  shall  cease :  and  that  all  and 
 every  of  the  said  respective  persons  and  officers,  not  having 
 taken  the  said  oaths  in  the  said  respective  courts  aforesaid, 
 shall  on  or  before  the  first  day  of  August,  1673,  ^t  the 
 quarter  sessions  for  that  county  or  place  where  he  or  they 
 shall  be,  inhabit,  or  reside  on  the  twentieth  day  of  May,  and  re- 
 take the  said  oaths  in  open  court  between  the  said  hours  ^^^^'^  ^^^ 
 of  nine  and  twelve  of  the  clock  in  the  forenoon ;  and  the  according 
 said  respective  officers  aforesaid  shall  also  receive  the  sacra-  ^°  ^^^^ 
 
 r     1        T        n     o  T  ,  ^  usage  of 
 
 ment  ot  the  Lord  s  Supper,  accordmg  to  the  usage  of  the  the  Church 
 Church  of  England,  at  or  before  the  first  day  of  August  in  °f  ^"S- 
 the  year  of  our  Lord   1673,  in  some  parish  church,  upon 
 some  Lord's    day,  commonly  called   Sunday,  immediately 
 after  divine  service  and  sermon. 
 
 .  And  be  it  further  enacted  by  the  authority  aforesaid,  that  The  same 
 all  and  every  person   or  persons  that  shall  be  admitted,  ^^''^^'^^^^ 
 entered,  placed,  or  taken  into  any  office  or  offices,  civil  or  appointed, 
 military,  or  shall  receive  any  pay,  salary,  fee,  or  wages  by 
 reason  of  any  patent  or  grant  of  his  majesty,  or  shall  have 
 command  or  place  of  trust  from  or  under  his  majesty,  his 
 
634         ■         DOCUMENTS  ILLUSTRATIVE  OF  THE     [cxx 
 
 1073.  heirs  or  successors,  or  by  his  or  their  authority  or  by 
 authority  derived  from  him  or  them,  within  this  realm  of 
 England,  dominion  of  Wales,  or  town  of  Berwick-upon- 
 Tweed,  or  in  his  majesty's  navy,  or  in  the  several  islands 
 of  Jersey  and  Guernsey,  or  that  shall  be  admitted  into 
 any  service  or  employment  in  his  majesty's  or  royal  high- 
 ness's  household  or  family,  after  the  first  day  of  Easter 
 term  aforesaid,  and  shall  inhabit,  be,  or  reside,  when  he  or 
 they  is  or  are  so  admitted  or  placed,  within  the  cities  of 
 London  or  Westminster,  or  within  thirty  miles  of  the  same, 
 shall  take  the  said  oaths  aforesaid  in  the  said  respective 
 court  or  courts  aforesaid,  in  the  next  term  after  such  his 
 or  their  admittance  or  admittances  into  the  office  or  offices, 
 employment  or  employments  aforesaid,  between  the  hours 
 aforesaid,  and  no  other,  and  the  proceedings  to  cease  as 
 aforesaid ;  and  that  all  and  every  such  person  or  persons 
 to  be  admitted  after  the  said  first  day  of  Easter  term  as 
 aforesaid,  not  having  taken  the  said  oaths  in  the  said 
 courts  aforesaid,  shall  at  the  quarter  sessions  for  that 
 county  or  place  where  he  or  they  shall  reside,  next  after 
 such  his  admittance  or  admittances  into  any  of  the  said 
 respective  offices  or  employments  aforesaid,  take  the  said 
 several  and  respective  oaths  as  aforesaid  :  and  all  and  every 
 such  person  and  persons  so  to  be  admitted  as  aforesaid 
 shall  also  receive  the  Sacrament  of  the  Lord's  Supper, 
 according  to  the  usage  of  the  Church  of  England,  within 
 three  months  after  his  or  their  admittances  in  or  receiving 
 their  said  authority  and  employment,  in  some  public  church, 
 upon  some  Lord's  day,  commonly  called  Sunday,  imme- 
 diately after  divine  service  and  sermon. 
 A  certifi-  And  every  of  the  said  persons  in  the  respective  court 
 cate  to  be  where  he  takes  the  said  oaths  shall  first  deliver  a  certificate 
 Into  court,  ^^  such  his  receiving  the  said  Sacrament  as  aforesaid,  under 
 of  their       \\^q   hands   of  the  respective  minister   and  churchwarden, 
 
 rcceivinef 
 
 the  Sacra-  ^'^'"^^  shall   then    make  proof  of  the  truth  thereof  by  two 
 
 mcnt. 
 
cxx]     HISTORY  OF  THE  ENGLISH  CHURCH  635 
 
 credible  witnesses  at  the  least,  upon  oath ;  all  which  shall      1673. 
 
 be  inquired  of,   and   put   upon   record   in   the   respective 
 
 courts. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid,  that  Whoso- 
 
 all  and  every  the  person  or  persons  aforesaid,  that  do  or  ^Jfuse  to 
 
 shall  neglect  or  refuse  to  take  the  said  oaths  and  Sacrament  take  the 
 
 •  1  11  1      ^  ^1  i.-        i.-  oaths  shall 
 
 in  the  said  courts  and  places,  and  at  the  respective  times  j^^  ^^_ 
 
 aforesaid,  shall  be  ipso  facto  adjudged  incapable  and  dis-  judged  in- 
 abled  in  law,  to  all  intents  and  purposes  whatsoever,  to  any\the° 
 have,  occupy,  or  enjoy  the  said  office  or  offices,  employ-  office, 
 ment  or  employments,  or  any  part  of  them,  or  any  matter 
 or  thing  aforesaid,  or  any  profit  or  advantage  appertaining 
 to  them  or  any  of  them ;  and  every  such  office  and  place, 
 employment  and  employments  shall  be  void,  and  is  hereby 
 adjudged  void. 
 
 And  be  it  further  enacted,  that  all  and  every  such  person  No  person 
 or  persons  that  shall  neglect  or  refuse  to  take  the  said  oaths  ^  ^   ^^^' 
 or  the  Sacrament  as  aforesaid,  within  the  times  and  in  the  office  after 
 places  aforesaid,  and  in  the  manner  aforesaid,  and  yet  after  [\"^fu^° 
 such  neglect  and  refusal  shall  execute  any  of  the  said  offices  oaths, 
 or  employments  after  the  said  times  expired,  wherein  he  or 
 they  ought  to  have  taken  the  same,  and  being  thereupon 
 lawfully  convicted,  in   or   upon   any  information,  present- 
 ment, or  indictment,  in  any  of  the  king's  courts  at  West- 
 minster, or  at  the  assizes,  every  such  person  and  persohs  The 
 shall  be  disabled  from  thenceforth  to  sue  or  use  any  action,  P^J'^lty  ^^"^ 
 
 ■'  refusal — 
 
 bill,  plaint,  or  information  in  course  of  law,  or  to  prosecute  incapa- 
 
 any  suit  in  any  court  of  equity,  or  to  be  guardian  of  any  ^^^^^y  of 
 
 child,  or  executor  or  administrator  of  any  person,  or  capable  ing  suits 
 
 of  any  legacy  or  deed  of  gift,  or  to  bear  any  office  within  ^^  of  being 
 
 ..  ''  guardian 
 
 this   realm  of  England,  dommion  of  Wales,  or   town  of  to  any 
 
 Berwick-upon-Tweed ;    and  shall  forfeit  the   sum  of  five  ^^^^^'  °^ 
 
 executor 
 hundred  pounds,  to  be   recovered    by  him  or  them  that  &c. ; 
 
 shall  sue  for  the  same,  to  be  prosecuted  by  any  action  of  ^^^  ^^^' 
 
 debt,  suit,  bill,  plaint,  or  information,  in  any  of  his  majesty's  with  fine. 
 
636  DOCUMENTS  ILLUSTRATIVE  OF  THE      [cxx 
 
 1073.  courts  at  Westminster,  wherein  no  essoin,  protection,  01 
 wager  of  law  shall  lie. 
 Tiie  regis-  And  be  it  further  enacted  by  the  authority  aforesaid,  that 
 t ration  of  ^^iq  names  of  all  and  singular  such  persons  and  officers 
 of  persons  aforesaid,  that  do  or  shall  take  the  oaths  aforesaid,  shall 
 taking  the  ^^   -^^  ^-^q  respective  courts  of  Chancery  and  King's  Bench 
 
 •  laths.  ' 
 
 and  the  quarter  sessions,  enrolled,  with  the  day  and  time 
 of  their  taking  the  same,  in  rolls  made  and  kept  only  for 
 that  intent  and  purpose,  and  for  no  other ;  the  which  rolls, 
 as  for  the  Court  of  Chancery,  shall  be  publicly  hung  up  in 
 the  office  of  the  petty-bag,  and  the  roll  for  the  King's  Bench 
 in  the  Crown  Office  of  the  said  court,  and  in  some  public 
 place  in  every  quarter  sessions,  and  there  remain  during 
 the  whole  term,  every  term,  and  during  the  whole  time  of 
 the  said  sessions,  in  every  quarter  sessions,  for  every  one 
 The  fees     to  resort  to  and  look  upon  without  fee  or  reward ;   and 
 allowed,     likewise  none  of  the  person  or  persons  aforesaid  shall  give 
 or  pay  as  any  fee  or  reward  to  any  officer  or  officers  belong- 
 ing to  any  of  the  courts  as  aforesaid,  above  the  sum  of 
 twelvepence  for  his  or  their   entry  of  his  or  their  taking 
 of  the  said  oaths  aforesaid. 
 Upon  due       And  further,  that  it  shall  and  may  be  lawful  to  and  for 
 tender        ^^i^  respective  courts  aforesaid,  to  give  and  administer  the 
 
 made  to  ^  ^         o  r  •  j    • 
 
 the  courts,  said  oaths  aforesaid  to  the  person  or  persons  aforesaid,  m 
 they  are  to  ^tanner  as  aforesaid  ;  and  upon  the  due  tender  of  any  such 
 
 administer  '^  *•         , 
 
 the  oaths,    person  or  persons  to  take  the  said  oaths,  the  said  courts  are 
 
 hereby  required  and  enjoined  to  administer  the  same. 
 No  person,      And  be  it  further  enacted,  that  if  any  person  or  persons, 
 '  not  bred    ^^^  j^j.^^^  ^p  ^^  j^jg  ^^  \he.\x  parent  or  parents  from  their 
 
 popish  infancy  in  the  popish  religion,  and  professing  themselves 
 religion  ^.^  ^^  popish  recusants,  shall  breed  up,  instruct,  or  educate 
 parents,  his  or  their  child  or  children,  or  suffer  them  to  be  instructed 
 shall  breed  ^j.  educated  ill  the  popish  religion,  every  such  person,  being 
 his  chil-      thereof  convicted,  shall  be  from  thenceforth  disabled  of 
 
 dren  to  be  i^g^rincf  any  office  or  place  of  trust  or  profit  in  Church  or 
 bred  up  in  °        "^  ^  ^ 
 
cxx]     HISTORY  OF  THE  ENGLISH  CHURCH  637 
 
 (O. 
 
 State;   and  all  such  children  as  shall  be  so  brought  up,      137^ 
 instructed,  or  educated,  are  and  shall  be  hereby  disabled  that 
 of  bearing  any  such  office  or  place  of  trust  or  profit,  until  ^1-,'^'°"' 
 he  and  they  shall  be  perfectly  reconciled  and  converted  to  penalty, 
 the  Church  of  England,  and  shall  take  the  oaths  of  supre- 
 macy and  allegiance   aforesaid   before  the  justices  of  the 
 peace  in  the  open  quarter  sessions  of  the  county  or  place 
 where  they  shall  inhabit,  and  thereupon  receive  the  Sacra- 
 ment of  the  Lord's  Supper  after  the  usage  of  the  Church 
 of  England,  and  obtain  a  certificate  thereof  under  the  hands 
 of  two  or  more  of  the  said  justices  of  the  peace. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid^  that  Onthetak- 
 
 at  the  same  time  when  the  persons  concerned  in  this  Act  ^"^,°^^^^^ 
 
 .  oaths,  to 
 
 shall  take  the  aforesaid  oaths  of  supremacy  and  allegiance,  subscribe 
 
 they  shall  likewise  make  and  subscribe  this  declaration  fol-  ^^^.  ^^cla- 
 1-11  •  -I  ration 
 
 lowmg,  under  the  same  penalties  and  forfeitures  as  by  this  following. 
 
 Act  is  appointed : 
 
 '  I,  A.  B.,  do  declare  that  I  do  believe  that  there  is  not 
 any  transubstantiation  in  the  Sacrament  of  the  Lord's  Supper, 
 or  in  the  elements  of  bread  and  wine,  at  or  after  the  conse- 
 cration thereof  by  any  person  whatsoever.' 
 
 Of  which  subscription  there  shall  be  the  like  register  kept,  A  register 
 
 as  of  the  takins;  the  oaths  aforesaid.  *°  "^.^  ^^Y^ 
 
 ,01  the  sub- 
 Provided   always,  that   neither   this   Act,   nor   anything  scription. 
 
 therein  contained,  shall  extend,  be  judged,  or  interpreted  ^^isAct 
 
 not  to  cx- 
 
 any  ways  to  hurt  or  prejudice  the  peerage  of  any  peer  of  tend  to 
 this  realm,  or  to  take  away  any  right,  power,  privilege,  or  Peerage, 
 profit  which  any  person  (being  a  peer  of  this  realm)  has 
 or  ought  to  enjoy  by  reason  of  his  peerage,  either  in  time 
 of  Parliament  or  otherwise,  or  to  take  away  creation-money  or  crea- 
 or  bills  of  impost,  nor  to  take  away  or  make  void  any  ^°"" 
 pension  or  salary  granted  by  his  majesty  to  any  person  for  impost, 
 valuable  and  sufficient  consideration  for  life,  lives,  or  years,  P^^^^*^"-^' 
 other  than  such  as  relate  to  any  office,  or  to  any  place  of 
 trust  under  his  majesty,  and  other  than  pensions  of  bounty 
 
638  DOCUMENTS  ILLUSTRATIVE  OF  THE     [cxx 
 
 ir>73.  or  voluntary  pensions ;  nor  to  take  away  or  make  void  any 
 
 or  offices  estate  of  inheritance  granted  by  his  majesty,  or  any  his 
 
 ance;*^"  '  predecessors,  to  any  person  or  persons  of  or  in  any  lands, 
 
 or  to  make  rents,  tithes,  or  hereditaments,  not  being  offices;    nor  to 
 
 void  any  ^^]^q   ^^^^^y  q^   make  void   any  pension   or   salary  already 
 
 pension  .  ^  •  ^ 
 
 granted  to  granted  by  his  majesty  to  any  person  who  was  mstrumental 
 any  person  [^  ^|^g  happy  preservation  of  his  sacred  majesty  after  the 
 
 iiistru-  .         ,  ^  -IT-  •  ) 
 
 mental  in     battle  at  Worcester  m  the  year  165 1,  until  his  majesty  s 
 
 prcsei-viiig  aj-rival  beyond  the  seas ;   nor  to  take  away  or  make  void 
 
 Worces-     the  grant  of  any  office  or  offices  of  inheritance,  or  any  fee, 
 
 ^^''"-  salary,  or  reward  for  executing  such   office  or  offices,  or 
 
 thereto  any  way  belonging,  granted  by  his  majesty,  or  any 
 
 his  predecessors,  to,  or  enjoyed,  or  which   hereafter  shall 
 
 be  enjoyed,  by  any  person  or  person  who  shall  refuse  or 
 
 neglect  to  take  the  said  oaths,  or  either  of  them,  or  to 
 
 receive   the   Sacrament,  or   to   subscribe    the    declaration 
 
 mentioned    in    this   Act,    in    manner    therein    expressed. 
 
 This  Act     Nevertheless  so  as  such  person  or  persons  having  or  en- 
 
 "°^ ,'°  ^^'  joying  any  such  office  or  offices  of  inheritance,  do  or  shall 
 
 holders  of  substitute  and  appoint   his  or   their   sufficient    deputy  or 
 
 hil^'^V^      deputies   (which    such   officer   or   officers   respectively  are 
 
 ance  who    hereby  empowered  from  time  to  time  to  make  or  change, 
 
 1  e  use  or     ^^^^  former  law  or  usage  to  the  contrary  notwithstanding) 
 
 said  oaths ;  to  exercise  the  said  office  or  offices,  until  such  time  as  the 
 
 t  ley  must  pej-gQ^  or  persons  having  such  office  or  offices  shall  volun- 
 
 however  , 
 
 appoint       tarily  in  the  Court  of  Chancery,  before  the  lord  chancellor 
 
 wlf  "^'^n     °^  ^^^^  keeper  for  the  time  being,  or  in  the  Court  of  King's 
 
 take  the      Bench,  take  the   said   oaths,  and   receive   the   Sacrament 
 
 oaths,  &c.,  according  to  law,  and  subscribe  the  said  declaration,  and 
 
 so  as  all  and  every  the  deputy  and  deputies,  so  as  aforesaid 
 
 and  sub-     to  be  appointed,  take  the  said  oaths,  receive  the  Sacrament, 
 
 and  subscribe  the  said  declaration  from  time  to  time,  as 
 
 they  shall  happen  to  be  so  appointed^  in  manner  as  by 
 
 this  Act  such  officers,  whose  deputies  they  be,  are  appointed 
 
 to  do ;    and  so  as  such  deputies  be  from  time  to  time 
 
cxx]     HISTORY  OF  THE  ENGLISH  CHURCH  639 
 
 approved  of  by  the  king's  majesty  under  his  privy  signet :  1673. 
 but  that  all  and  every  the  peers  of  this  realm  shall  have, 
 hold,  and  enjoy  what  is  provided  for  as  aforesaid,  and  all 
 and  every  other  person  or  persons  before  mentioned,  de- 
 noted or  intended  within  this  proviso,  shall  have,  hold,  and 
 enjoy  what  is  provided  for  as  aforesaid,  notwithstanding 
 any  incapacity  or  disabihty  mentioned  in  this  Act. 
 
 Provided  also,   that  the  said  peers  and  every  of  them  Peers  may 
 may  take  the  said  oaths,  and  make  the  said  subscription,  ^^^     f 
 
 ^  '  r         J  oaths,  &c., 
 
 and  deliver  the  said  certificates,  before  the  peers  sitting  in  in  Parlia- 
 Parliament,  if  the   Parliament  be  sitting,  within  the  time  ™^^'^- 
 limited  for  doing  thereof,  and,  in  the  intervals  of  Parlia- 
 ment, in  the  High  Court  of  Chancery,  in  which  respective 
 courts  all  the  said  proceedings  are  to  be  recorded  in  manner 
 aforesaid. 
 
 Provided   always,   that   no   married   woman,    or   person  A  saving 
 
 under  the  a2;e  of  eighteen  years,  or  beino;  beyond  or  upon  loi'n^ai'ned 
 *^  D  J  7  o        ^  1         women, 
 
 the  seas,  or  found  by  the  lawful  oaths  of  twelve  men  to  persons 
 
 be  non  compos  jnentis.  and  so  beinsj  and  remaining  at  the  ^"°^^  ^^» 
 ^  '  ^  °  .        and  those 
 
 end  of  Trinity  term  in  the  year  of  our  Lord  1673,  having  found  to 
 
 any  office,  shall  by  virtue  of  this  Act  lose  or  forfeit  any  ^^  '^^'^ 
 
 •'  -^  ,  -^   compos 
 
 such  his  or  her  office  (other  than  such  married  woman  mentis. 
 during  the  life  of  her  husband  only)  for  any  neglect  or 
 refusal  of  taking  the  oaths,  and  doing  the  other  things 
 required  by  this  Act  to  be  done  by  persons  having  offices, 
 so  as  such  respective  persons  within  four  months  after  the 
 death  of  the  husband,  coming  to  the  age  of  eighteen  years, 
 returning  into  this  kingdom,  and  becoming  of  sound  mind, 
 shall  respectively  take  the  said  oaths,  and  perform  all  other 
 things  in  manner  as  by  this  Act  is  appointed  for  persons 
 to  do,  who  shall  happen  to  have  any  office  or  offices  to  them 
 given  or  fallen  after  the  end  of  the  said  Trinity  term. 
 
 Provided  also,  that  any  person  who  by  his  or  her  neglect  Those  for- 
 or  refusal,  according  to  this  Act,  shall  lose  or  forfeit  any    i^^'"^i 
 office,  may  be  capable,  by  a  new  grant,  of  the  said  office,  neglect  or 
 
640  DOCUMENTS  ILLUSTRATIVE   OF  THE     [cxx 
 
 1673.  or  of  any  other,  and  to  have  and  hold  the  same  again, 
 refusal  of  siich  person  taking  the  said  oaths,  and  doing  all  other 
 capabie^o't-'  things  required  by  this  Act,  so  as  such  office  be  not  granted 
 restoration  to,  and  actually  enjoyed  by,  some  other  person  at  the  time 
 sa"me!''"^    of  the  regranting  thereof. 
 
 This  Act  Provided  also,  that  nothing  in  this  Act  contained  shall 
 not  to  extend  to  make  any  forfeiture,  disability,  or  incapacity  in, 
 noiv-com^-  by,  or  upon  any  non-commissioned  officer  or  officers  in  his 
 missioned  majesty's  navy,  if  such  officer  or  officers  shall  only  subscribe 
 t'he^navv"  ^'"'^  declaration  therein  required,  in  manner  as  the  same 
 if  they  sub-  is  directed. 
 
 declara-^^  Provided  also,  that  nothing  in  this  Act  contained  shall 
 tion.  extend    to    prejudice    George,    earl    of  Bristol,    or   Anne, 
 
 for^'he  countess  of  Bristol,  his  wife,  in  the  pension  or  pensions 
 pensions  granted  to  them  by  patent,  under  the  great  seal  of  England, 
 fhe  Earl  °  bearing  date  the  sixteenth  day  of  July  in  the  year  of  our 
 and  Lord  1669,  being  in  lieu  of  a  just  debt  due  to  the  said 
 
 of^BdsUDl    ^^^^  ivovii  his  majesty,  particularly  expressed  in  the  said 
 
 patent. 
 This  Act         Provided  also,  that  this  Act,  or  anything  therein  con- 
 "^1  ^^, ,     tained,  shall  not  extend  to  the  office  of  any  high  constable, 
 
 extend  to  '  y        o  ? 
 
 constables,  petty  constable,  tithingman,  headborough,  overseer  of  the 
 tithing-  poor,  churchwardens,  surveyor  of  the  highways,  or  any  like 
 church-  inferior  civil  office,  or  to  any  office  of  forester,  or  keeper 
 wardens,  ^^  ^^^  park,  chace,  warren,  or  game,  or  of  bailiff  of  any 
 private  manor  or  lands,  or  to  any  like  private  offices,  or  to  any 
 officers.  person  or  persons  having  only  any  the  before-mentioned 
 or  any  the  like  offices. 
 
cxxi]      HISTORY  OF  THE  ENGLISH  CHURCH  641 
 
 CXXI. 
 
 THE  DECLARATION  OF  INDULGENCE,   1687. 
 
 This  proclamation  was  issued  by  James  II  in  April,  1687.     It  was        1687. 
 republished,  in  almost  identical  terms,  in  April,  1688,  with  an  order  to 
 the  bishops  that  they  should  bid  the  clergy  read  it  after  service  on 
 Sundays,  May  20  and  27,  in  London,  and  in  the  country  on  June  3 
 and  10. 
 
 [Transcr.  Patent  Roll,  3  James  II,  part  3,  No.  18.  J 
 
 His  Majesty s  gracious  declaration  to  all  his  loving 
 subjects  for  liberty  of  co?iscience. 
 
 It  having  pleased  Almighty  God  not  only  to  bring  us  to  The  king, 
 
 the  imperial  crown  of  these  kingdoms  through  the  greatest  ^"  g^'^ti- 
 T/-r      1-1  1  o  t>  tude  to 
 
 dirnculties,  but  to  preserve  us  by  a  more  than  ordinary  pro-  God, 
 
 vidence  upon  the  throne  of  our   royal  ancestors,  there  is  "^^^'^^s  to 
 
 ensure  the 
 
 nothmg  now  that  we  so  earnestly  desire  as  to  establish  our  good 
 government  on  such  a  foundation  as  may  make  our  subjects  govern- 
 
 .  ,       .        .  mentofhis 
 
 happy,  and  unite  them  to  us  by  mchnation  as  well  as  duty,  people, 
 Which  we  think  can  be  done  by  no  means  so  effectually  as  which  will 
 by  granting  to  them  the  free  exercise  of  their  religion  for  \^  secured 
 
 •^    ^  °  o  by  grant- 
 
 the  time  to  come,  and  add  that  to  the  perfect  enjoyment  of  ingreli- 
 
 their  property,  which  has  never  been  in  any  case  invaded  ^P"^ 
 
 by  us  since  our  coming  to  the  crown.     Which  being  the  tion,  added 
 
 two  things  men  value  most,  shall  ever  be  preserved  in  these  ^°  personal 
 1  .       ,  ,      .  .  security, 
 
 kmgdoms,    durmg    our    reign   over    them,    as   the   truest 
 
 methods   of  their  peace  and  our  glory.     We  cannot  but 
 
 heartily  wish,   as   it  will  easily  be   believed,  that   all   the 
 
 people   of  our  dominions  were  members  of  the  Catholic 
 
 Church ;  yet  we   humbly  thank  Almighty  God,  it   is  and 
 
 has  of  long   time  been   our  constant   sense   and  opinion  and, 
 
 (which  upon  divers  occasions  we  have  declared)  that  con-  although 
 
 ^  he  would 
 
 science  ought  not  to  be  constrained  nor  people  forced  in  have  all  to 
 
 matters  of  mere  religion  :  it  has  ever  been  directly  contrary  ^^  Roman 
 to  our  inclination,  as  we  think  it  is  to  the  interest  of  govern-  he  respects 
 
 Tt 
 
642  DOCUMENTS  ILLUSTRATIVE   OF  THE     [cxxi 
 
 1687.  ment,  which  it  destroys  by  spoiling  trade,  depopulating 
 the  rights  countries,  and  discouraging  strangers,  and  finally,  that  it 
 science  •  never  obtained  the  end  for  which  it  was  employed.  And 
 is  con-  in  this  we  are  the  more  confirmed  by  the  reflections  we 
 firmed  in  j^^yg  made  upon  the  conduct  of  the  four  last  reigns.  For 
 thericent  ^^er  all  the  frequent  and  pressing  endeavours  that  were 
 history  of  used  in  each  of  them  to  reduce  this  kingdom  to  an  exact 
 sory  uni-  Conformity  in  religion,  it  is  visible  the  success  has  not 
 formity.  answered  the  design,  and  that  the  difficulty  is  invincible. 
 Hence  this  We  therefore,  out  of  our  princely  care  and  affection  unto 
 is  ub-^"^^  all  our  loving  subjects,  that  they  may  live  at  ease  and 
 lished  by  quiet,  and  for  the  increase  of  trade  and  encouragement  of 
 t  e  'ings  gtrangers,  have  thought  fit  by  virtue  of  our  royal  preroga- 
 tive, tive  to  issue  forth  this  our  declaration  of  indulgence,  making 
 no  doubt  of  the  concurrence  of  our  two  Houses  of  Parlia- 
 ment when  we  shall  think  it  convenient  for  them  to  meet. 
 
 1.  The  In  the  first  place,  we  do  declare  that  we  will  protect  and 
 and^faith  niaintain  our  archbishops,  bishops,  and  clergy,  and  all  other 
 of  the  our  subjects  of  the  Church  of  England  in  the  free  exercise 
 Endand°  ^^  their  religion  as  by  law  established,  and  in  the  quiet  and 
 are  pro-  full  enjoyment  of  all  their  possessions,  without  any  molesta- 
 tion or  disturbance  whatsoever. 
 
 2.  The  We  do  likewise  declare,  that  it  is  our  royal  w^ill  and 
 are  sus-^^  pleasure  that  from  henceforth  the  execution  of  all  and  all 
 pended.      manner  of  penal  laws  in  matters  ecclesiastical,  for  not  coming 
 
 to  church,  or  not  receiving  the  Sacrament,  or  for  any 
 other  nonconformity  to  the  religion  established,  or  for  or 
 by  reason  of  the  exercise  of  religion  in  any  manner  whatso- 
 ever, be  immediately  suspended ;  and  the  further  execution 
 of  the  said  penal  laws  and  every  of  them  is  hereby  suspended. 
 
 3.  Private  And  to  the  end  that  by  the  liberty  hereby  granted  the 
 allowed  ^^  P^^^e  and  security  of  our  government  in  the  practice  thereof 
 without  may  not  be  endangered,  we  have  thought  fit,  and  do 
 totiieVi^ng  hereby  straitly  charge  and  command  all  our  loving 
 under         subjects,  that — as  we  do  freely  give  them  leave  to  meet 
 
cxxi]      HISTORY  OF  THE  ENGLISH  CHURCH  643 
 
 and  serve  God  after  their  own  way  and  manner,  be  it  in      1687. 
 private  houses  or  places  purposely  hired  or  built  for  that  ^estnc- 
 use,    so    that    they    take    especial   care    that   nothing    be 
 preached   or   taught  amongst  them^  which  may  any  way 
 tend  to  alienate  the  hearts  of  our  people  from  us  or  our 
 government,    and  that  their  meetings   and   assemblies  be 
 peaceably,  openly,  and  publicly  held,  and  all  persons  freely 
 admitted   to   them,   and   that  they  do    signify  and  make 
 known  to  some  one  or  more  of  the  next  justices  of  the 
 peace  what  place  or  places  they  set  apart  for  those  uses, 
 and  that  all  our  subjects   may  enjoy  such  their  religious  4.  Reli- 
 assemblies  with  greater  assurance  and  protection — we  have  fh^p^jg^^^t' 
 thought  it  requisite,  and  do  hereby  command,  that  no  dis-  to  be  dis- 
 turbance of  any  kind  be  made  or  given  unto  them,  under  ^^^^^^ 
 pain  of  our  displeasure,  and  to  be  further  proceeded  against  penalty, 
 with  the  utmost  severity. 
 
 And  forasmuch  as  we  are  desirous  to  have  the  benefit  of  5- Tests  are 
 the  service  of  all  our  loving  subjects,  which  by  the  law  of 
 nature  is  inseparably  annexed  to  and  inherent  in  our  royal 
 person,  and  that  none  of  our  subjects  may  for  the  future 
 be  under  any  discouragement  or  disability  (w^ho  are  other- 
 wise well  inclined  and  fit  to  serve  us)  by  reason  of  some 
 oaths  or  tests  that  have  been  usually  administered  on  such 
 occasions,  we  do  hereby  further  declare,  that  it  is  our 
 royal  will  and  pleasure  that  the  oaths  commonly  called 
 *The  oaths  of  supremacy  and  allegiance,'  and  also  the 
 several  tests  and  declarations  mentioned  in  the  Acts  of  Par- 
 liament made  in  the  five-and-twentieth  and  thirtieth  years  of 
 the  reign  of  our  late  royal  brother.  King  Charles  II,  shall  not 
 at  any  time  hereafter  be  required  to  be  taken,  declared,  or 
 subscribed  by  any  person  or  persons  whatsoever,  who  is 
 or  shall  be  employed  in  any  office  or  place  of  trust,  either 
 civil  or  military,  under  us  or  in  our  government.  And  we 
 do  further  declare  it  to  be  our  pleasure  and  intention  from 
 time  to   time  hereafter,  to  grant  our  royal  dispensations 
 
 T  t  2 
 
4  DOCUMENTS  ILLUSTRATIVE   OF  THE     [cxxi 
 
 1687.  under  our  great  seal  to  all  our  loving  subjects  so  to  be 
 employed,  who  shall  not  take  the  said  oaths,  or  subscribe 
 or  declare  the  said  tests  or  declarations  in  the  above- 
 mentioned  Acts  and  every  of  them. 
 
 And  to  the  end  that  all  our  loving  subjects  may  receive 
 and  enjoy  the  full  benefit  and  advantage  of  our  gracious 
 indulgence  hereby  intended,  and  may  be  acquitted  and 
 discharged  from  all  pains,  penalties,  forfeitures,  and  dis- 
 abilities by  them  or  any  of  them  incurred  or  forfeited,  or 
 which  they  shall  or  may  at  any  time  hereafter  be  liable  to, 
 for  or  by  reason  of  their  nonconformity,  or  the  exercise  of 
 their  rehgion,  and  from  all  suits,  troubles,  or  disturbances 
 for  the  same;  we  do  hereby  give  our  free  and  ample 
 pardon  unto  all  nonconformists,  recusants,  and  other  our 
 loving  subjects,  for  all  crimes  and  things  by  them  com- 
 mitted or  done  contrary  to  the  penal  laws,  formerly  made 
 relating  to  religion,  and  the  profession  or  exercise  thereof; 
 hereby  declaring  that  this  our  royal  pardon  and  indemnity 
 shall  be  as  good  and  effectual  to  all  intents  and  purposes, 
 as  if  every  individual  person  had  been  therein  particularly 
 named,  or  had  particular  pardons  under  our  great  seal, 
 which  we  do  likewise  declare  shall  from  time  to  time  be 
 granted  unto  any  person  or  persons  desiring  the  same : 
 willing  and  requiring  our  judges,  justices,  and  other  officers 
 to  take  notice  of  and  obey  our  royal  will  and  pleasure 
 hereinbefore  declared. 
 7.  All  And   although   the    freedom    and    assurance    we    have 
 
 confirmed^  hereby  given  in  relation  to  religion  and  property  might  be 
 to  the  sufficient  to  remove  from  the  minds  of  our  loving  subjects 
 wners.  ^^  {e^,rs  and  jealousies  in  relation  to  either,  yet  we  have 
 thought  fit  further  to  declare  that  we  will  maintain  them  in 
 all  their  properties  and  possessions,  as  well  of  church  and 
 abbey  lands,  as  in  any  other  their  lands  and  properties 
 whatsoever.  Given  at  our  court  at  Whitehall  the  fourth 
 day  of  April,  1687,  in  the  third  year  of  our  reign. 
 
cxxii]    HISTORY  OF  THE  ENGLISH  CHURCH  645 
 
 CXXII. 
 
 THE    BILL    OF    RIGHTS,    a.d.     1689. 
 1  William  and  Mary,  sess.  2,  cap.  2. 
 
 A  Declaration  of  Rights  was  drawn  up  by  a  committee  of  the  1689. 
 Convention  Parhament  in  February,  1689,  and  was  read  before 
 William  and  Mary  on  the  13th  of  that  month.  It  was  confirmed 
 with  certain  additions  by  the  regular  Parliament  in  December  of  the 
 same  year.  It  has  been  modified  in  certain  details  by  6  George  IV, 
 cap.  50,  sec.  62,  and  the  Statute  Law  Revision  Act  of  1867. 
 
 [Transcr.  Statutes  of  the  Realm,  vi.  p.  142.] 
 
 Whereas  the  Lords  spiritual  and  temporal,  and  Commons,  Recital  of 
 assembled  at  Westminster,  lawfully,  fully,  and  freely  repre-  *^^.  ^^cla- 
 senting  all  the  estates  of  the  people  of  this  realm,  did  upon  Padia- 
 the  thirteenth  day  of  February,  in  the  year  of  our  Lord  1688,  "^ent. 
 present  unto  their  majesties,  then  called  and  known  by  the 
 names  and  style  of  William  and  Mary,  prince  and  princess 
 of  Orange,  being  present  in  their  proper  persons,  a  certain 
 declaration  in  writing,  made  by  the  said  Lords  and  Commons, 
 in  the  words  following,  viz. : 
 
 Whereas  the  late  King  James  II,  by  the  assistance  of  Charges 
 divers  evil  counsellors,  judges,  and  ministers  employed  by  j^^^^^j 
 him,  did  endeavour  to  subvert  and  extirpate  the  Protestant 
 religion,  and  the  laws  and  liberties  of  this  kingdom. 
 
 1.  By  assuming  and  exercising  a  power  of  dispensing  with  of  exercis- 
 and  suspending  of  laws,  and  the  execution  of  laws,  without  pausing 
 consent  of  Parliament.  power, 
 
 2.  By  committing  and  prosecuting  divers  worthy  prelates,  commit- 
 for  humbly  petitioning  to  be  excused  from  concurring  to  the  f^"^  P^^" 
 said  assumed  power. 
 
 3.  By  issuing  and  causing  to  be  executed  a  commission  issuing  an 
 under  the  great  seal  for  erecting  a  court  called  the  Court  of  ^cafcom'- 
 Commissioners  for  Ecclesiastical  Causes.  mission, 
 
646 
 
 1689. 
 
 levying 
 money, 
 
 keeping 
 standing 
 army, 
 
 disarming 
 Protes- 
 tants, 
 
 violating 
 elections, 
 
 wrongful 
 prosecu- 
 tions, 
 
 summon- 
 ing illegal 
 juries. 
 
 demand- 
 ing exces- 
 sive bail, 
 
 levying 
 excessive 
 fines  and 
 punish- 
 ments, 
 and  grant- 
 ing fines, 
 &c. 
 
 All  con- 
 trary to 
 law. 
 
 Abdica- 
 tion of 
 James  II, 
 and  calling 
 of  Parlia- 
 ment by 
 William 
 III. 
 
 DOCUMENTS  ILLUSTRATIVE  OF  THE     [cxxii 
 
 4.  By  levying  money  for  and  to  the  use  of  the  crown,  by 
 pretence  of  prerogative,  for  other  time,  and  in  other  manner, 
 than  the  same  was  granted  by  Parliament. 
 
 5.  By  raising  and  keeping  a  standing  army  within  this 
 kingdom  in  time  of  peace,  without  consent  of  Parliament, 
 and  quartering  soldiers  contrary  to  law. 
 
 6.  By  causing  several  good  subjects,  being  Protestants,  to 
 be  disarmed,  at  the  same  time  when  papists  were  both  armed 
 and  employed,  contrary  to  law. 
 
 7.  By  violating  the  freedom  of  election  of  members  to 
 serve  in  Parliament. 
 
 8.  By  prosecutions  in  the  Court  of  King's  Bench,  for 
 matters  and  causes  cognizable  only  in  Parliament ;  and  by 
 divers  other  arbitrary  and  illegal  courses. 
 
 9.  And  whereas  of  late  years  partial,  corrupt,  and  unquali- 
 fied persons  have  been  returned  and  served  on  juries  in 
 trials,  and  particularly  divers  jurors  in  trials  for  high  treason, 
 which  were  not  freeholders. 
 
 10.  And  excessive  bail  has  been  required  of  persons 
 committed  in  criminal  cases,  to  elude  the  benefit  of  the  laws 
 made  for  the  liberty  of  the  subjects. 
 
 11.  And  excessive  fines  have  been  imposed,  and  illegal 
 and  cruel  punishments  inflicted. 
 
 12.  And  several  grants  and  promises  made  of  fines  and 
 forfeitures,  before  any  conviction  or  judgment  against  the 
 persons,  upon  whom  the  same  were  to  be  levied — ■ 
 
 All  which  are  utterly  and  directly  contrary  to  the  known 
 laws  and  statutes,  and  freedom  of  this  realm  : 
 
 And  whereas  the  said  late  King  James  II  having  abdi- 
 cated the  government,  and  the  throne  being  thereby  vacant, 
 his  highness  the  Prince  of  Orange  (whom  it  hath  pleased 
 Almighty  God  to  make  the  glorious  instrument  of  delivering 
 this  kingdom  from  popery  and  arbitrary  power)  did  (by  the 
 advice  of  the  Lords  spiritual  and  temporal,  and  divers 
 principal   persons  of  the  Commons)   cause  letters  to   be 
 
cxxii]     HISTORY  OF  THE  ENGLISH  CHURCH  647 
 
 written  to  the  Lords  spiritual  and  temporal,  being  Protes-  1689. 
 tants;  and  other  letters  to  the  several  counties,  cities, 
 Universities,  boroughs,  and  Cinque  ports,  for  the  choosing 
 of  such  persons  to  represent  them,  as  were  of  right  to  be 
 sent  to  Parliament,  to  meet  and  sit  at  Westminster  upon 
 the  tvvo-and-twentieth  day  of  January,  in  this  year  1688, 
 in  order  to  such  an  establishment,  as  that  their  religion, 
 laws,  and  liberties  might  not  again  be  in  danger  of  being 
 subverted :  upon  which  letters,  elections  have  been  accord- 
 ingly made : 
 
 And  thereupon  the  said   Lords  spiritual  and  temporal,  Parlia- 
 
 and   Commons,    pursuant   to   their  respective   letters   and  "iei^t,being 
 '    ^  ^  assembled, 
 
 elections,  being  now  assembled  in  a  full  and  free  repre-  vindi- 
 
 sentative   of  this    nation,   taking   into  their   most   serious  g^J^^^  ^g^ 
 
 consideration  the  best  means  for  attaining  the  ends  afore-  rights, 
 
 said,  do  in  the  first  place  (as  their  ancestors  in  like  case    , 
 
 ^  t-  \  ^    Clares 
 
 have  usually  done),  for  the  vindicating  and  asserting  their  illegal- 
 ancient  rights  and  liberties,  declare  : 
 
 1.  That  the  pretended  power  of  suspending  of  laws,  or  the 
 
 the  execution  of  laws,  by  regal  authority,  without  consent  ^JfJ^gJ!?'"^ 
 of  Parliament,  is  illegal. 
 
 2.  That  the  pretended  power  of  dispensing  with  laws,  or  the  late 
 the  execution  of  laws,  by  regal  authority,  as  it  has  been  dispensing; 
 assumed  and  exercised  of  late,  is  illegal. 
 
 3.  That  the  commission  for  erecting  the  late  Court  of  ecdesias- 
 Commissioners    for    Ecclesiastical    Causes,    and   all   other  ^^^^^^ . 
 commissions   and   courts   of  like   nature,  are   illegal   and 
 pernicious. 
 
 4.  That  levying  money  for  or  to  the  use  of  the  crown,  by  levying, 
 pretence  of  prerogative,  without  grant  of  Parliament,  for  "^°"^y » 
 longer  time,  or  in  other  manner  than  the  same  is  or  shall 
 
 be  granted,  is  illegal. 
 
 5.  That  it  is  the  right  of  the  subjects  to  petition  the  king,  refusal  of 
 and  all  commitments  and  prosecutions  for  such  petitioning  p^j.^JQ^ 
 are  illegal. 
 
648  DOCUMENTS  ILLUSTRATIVE  OF  THE     [cxxii 
 
 1689.  6.  That  the  raising  or  keeping  a  standing  army  within  the 
 
 and  main-   kingdom  in  time  of  peace,  unless  it  be  with  consent  of  Par- 
 
 tenance  of  .  . 
 
 a  standing  hament,  is  agamst  law. 
 
 army.  y^  That  the  subjects  which  are  Protestants  may  have  arms 
 
 Declara-     ^^^  i\\Q\r  defence  suitable  to  their  conditions,  and  as  allowed 
 
 tion  that 
 
 subjects       by  law. 
 
 may  bear        g    That  election  of  members  of  Parliament  ought  to  be 
 arms  ; 
 
 ^ffi,^         free, 
 ol  the 
 
 freedom  of      9.  That  the  freedom  of  speech,  and  debates  or  proceed- 
 election,      -^^^^  ^,^  Parliament,  ought  not  to  be  impeached  or  questioned 
 speech  ;      in  any  court  or  place  out  of  Parliament, 
 that  ex-  10.  That  excessive  bail  ought  not  to  be  required,  nor 
 
 baif  sh^ould  cxcessive  fines  imposed,  nor  cruel  and  unusual  punishments 
 
 not  be  re-    inflicted. 
 
 and  that  ^  ^ '  That  jurors  ought  to  be  duly  empanelled  and  returned, 
 
 juries  be     and  jurors  which  pass  upon  men  in  trials  for  high  treason 
 mooned" "^'   ^ught  to  be  freeholders. 
 
 that  grants      12.  That  all  grants  and  promises  of  fines  and  forfeitures 
 tures  are     °^  particular  persons  before  conviction  are  illegal  and  void, 
 illegal;  1 3.  And  that  for  redress  of  all  grievances,  and  for  the 
 
 Pa^rlia-        amending,  strengthening,  and  preserving  of  the  laws,  Parlia- 
 ments        ments  ought  to  be  held  frequently. 
 
 frequently       "^"^  ^^^^  ^^  claim,  demand,   and  insist  upon  all  and 
 held.  singular    the    premises,    as    their  undoubted    rights    and 
 
 Parlia-        liberties  ;  and  that  no  declarations,  judgments,  doings,  or 
 ment.         proceedings  to  the  prejudice  of  the  people  in  any  of  the 
 said  premises,  ought  in  any  wise  to  be  drawn  hereafter  into 
 consequence  or  example. 
 
 To  which  demand  of  their  rights  they  are  particularly 
 encouraged  by  the  declaration  of  his  highness  the  Prince  of 
 Orange,  as  being  the  only  means  for  obtaining  a  full  redress 
 and  remedy  therein. 
 
 Having  therefore  an  entire  confidence,  that  his  said  high- 
 ness the  Prince  of  Orange  will  perfect  the  deliverance  so 
 far  advanced   by  him,  and  will   still  preserve  them  from 
 
cxxii]     HISTORY  OF  THE  ENGLISH  CHURCH  649 
 
 the  violation  of  their  rights,  which  they  have  here  asserted,      1C89. 
 and  from  all  other  attempts  upon  their  religion,  rights,  and 
 liberties, 
 
 The  said  Lords  spiritual  and  temporal,  and  Commons,  Tender  of 
 assembled  at  Westminster,  do  resolve  that  William  and  ^  crown. 
 Mary,  prince  and  princess  of  Orange,  be,  and  be  declared, 
 King  and  Queen  of  England^  France,  and  Ireland,  and  the 
 dominions  thereunto  belonging,  to  hold  the  crown  and  royal 
 dignity  of  the  said  kingdoms  and  dominions  to  them  the 
 said  prince  and  princess  during  their  lives,  and  the  life  of 
 the  survivor  of  them ;  and  that  the  sole  and  full  exercise 
 of  the  regal  power  be  only  in  and  executed  by  the  said 
 Prince  of  Orange,  in  the  names  of  the  said  prince  and 
 princess,  during  their  joint  lives  ;  and  after  their  deceases, 
 the  said  crown  and  royal  dignity  of  the  said  kingdoms  and 
 dominions  to  be  to  the  heirs  of  the  body  of  the  said 
 princess  ;  and  for  default  of  such  issue  to  the  Princess 
 Anne  of  Denmark,  and  the  heirs  of  her  body ;  and  for 
 default  of  such  issue  to  the  heirs  of  the  body  of  the  said 
 Prince  of  Orange.  And  the  Lords  spiritual  and  temporal, 
 and  Commons,  do  pray  the  said  prince  and  princess  to 
 accept  the  same  accordingly. 
 
 And  that  the  oaths  hereafter  mentioned  be  taken  by  all  New  oaths 
 persons  of  whom  the  oaths  of  allegiance  and  supremacy  ^j^^  ^' 
 might  be  required  by  law,  instead  of  them  ;  and  that  the  said  (Sec- 
 oaths  of  allegiance  and  supremacy  be  abrogated. 
 
 '  I,  A.  j5.,  do  sincerely  promise  and  swear  that  I  will  be  Allegiance, 
 faithful  and  bear  true  allegiance  to  their  majesties  King 
 William  and  Queen  Mary.     So  help  me  God.' 
 
 '  I,  A.  B.,  do  swear  that  I  do  from  my  heart  abhor,  detest,  Supre- 
 and  abjure  as  impious  and  heretical,  this  damnable  doctrine  "^^^-y- 
 and  position,  that  princes  excommunicated  or  deprived  by 
 the  pope,   or  any  authority  of  the  see  of  Rome,  may  be 
 deposed  or  murdered  by  their  subjects,  or  any  other  whatso- 
 ever.     And  I  do  declare  that  no  foreign  prince,  person, 
 
650  DOCUMENTS  ILLUSTRATIVE   OF  THE     [cxxii 
 
 1689.      prelate,  state,  or  potentate  has,  or  ought  to  have  any  juris- 
 diction, power,  superiority,  pre-eminence,  or  authority  eccle- 
 siastical or  spiritual,  within  this  realm.    So  help  me  God.' 
 Accept-  Upon  which  their  said  majesties  did  accept  the  crown  and 
 
 ance  ot  the  ^^^^^  dignity  of  the  kingdoms  of  England,  France,  and  Ire- 
 land, and  the  dominions  thereunto  belonging,  according  to 
 the  resolution  and  desire  of  the  said  Lords  and  Commons 
 contained  in  the  said  declaration. 
 The  two         ^nd  thereupon  their  majesties  were  pleased  that  the  said 
 sit.  Lords  spiritual  and  temporal,  and  Commons,  being  the  two 
 
 Houses  of  Parliament,  should  continue  to  sit,  and  with  their 
 majesties'  royal  concurrence  make  effectual  provision  for  the 
 settlement  of  the  religion,  laws,  and  liberties  of  this  king- 
 dom, so  that  the  same  for  the  future  might  not  be  in 
 danger  again  of  being  subverted  ;  to  which  the  said  Lords 
 spiritual  and  temporal,  and  Commons,  did  agree  and  proceed 
 to  act  accordingly. 
 
 Subjects'  Now  in  pursuance  of  the  premises,  the  said  Lords  spiritual 
 be  allowed  ^^^  temporal,  and  Commons,  in  Parliament  assembled,  for 
 the  ratifying,  confirming,  and  establishing  the  said  declara- 
 tion, and  the  articles,  clauses,  matters,  and  things  therein 
 contained,  by  the  force  of  a  law  made  in  due  form  by 
 authority  of  Parliament,  do  pray  that  it  may  be  declared 
 and  enacted  that  all  and  singular  the  rights  and  liberties 
 asserted  and  claimed  in  the  said  declaration  are  the  true, 
 ancient,  and  indubitable  rights  and  liberties  of  the  people  of 
 this  kingdom,  and  so  shall  be  esteemed,  allowed,  adjudged, 
 deemed,  and  taken  to  be,  and  that  all  and  every  the  par- 
 ticulars aforesaid  shall  be  firmly  and  strictly  holden  and 
 observed,  as  they  are  expressed  in  the  said  declaration  ; 
 and  all  officers  and  ministers  whatsoever  shall  serve  their 
 majesties  and  their  successors  according  to  the  same  in  all 
 times  to  come. 
 William  And  the  said  Lords  spiritual  and  temporal,  and  Com- 
 
 declared^    mons,  seriously  considering  how  it  hath  pleased  Almighty 
 
cxxii]     HISTORY  OF  THE  ENGLISH  CHURCH  651 
 
 God,  in  His  marvellous  providence  and  merciful  goodness      1689. 
 
 to  this  nation,  to  provide  and  preserve  their  said  majesties'  king  and 
 
 -  .,  .  ,      queen, 
 
 royal   persons   most   happily  to   reign    over  us  upon   the 
 
 throne  of  their  ancestors,  for  which  they  render  unto  Him 
 from  the  bottom  of  their  hearts  their  humblest  thanks  and 
 praises,  do  truly,  firmly,  assuredly,  and  in  the  sincerity  of 
 their  hearts  think,  and  do  hereby  recognize,  acknow- 
 ledge, and  declare,  that  King  James  II  having  abdicated 
 the  government,  and  their  majesties  having  accepted  the 
 crown  and  r-oyal  dignity  as  aforesaid,  their  said  majesties 
 did  become,  were,  are,  and  of  right  ought  to  be,  by  the 
 laws  of  this  realm,  our  sovereign  liege  lord  and  lady.  King 
 and  Queen  of  England,  France,  and  Ireland,  and  the 
 dominions  thereunto  belonging,  in  and  to  whose  princely 
 persons  the  royal  state,  crown,  and  dignity  of  the  said 
 realms,  with  all  honours,  styles,  titles,  regalities,  preroga- 
 tives, powers,  jurisdictions,  and  authorities  to  the  same 
 belonging  and  appertaining,  are  most  fully,  rightfully, 
 and  entirely  invested  and  incorporated,  united  and  an- 
 nexed. 
 
 And  for  preventing  all  questions  and  divisions  in  this  Limitation 
 
 realm,  by  reason  of  any  pretended  titles  to  the  crown,  and 
 
 '     •'  •'   ^  '      ^     crown. 
 
 for  preserving  a  certainty  in  the  succession  thereof,  in 
 and  upon  which  the  unity,  peace,  tranquillity,  and  safety  of 
 this  nation  does,  under  God,  wholly  consist  and  depend, 
 the  said  Lords  spiritual  and  temporal,  and  Commons,  do 
 beseech  their  majesties  that  it  may  be  enacted,  established, 
 and  declared  that  the  crown  and  regal  government  of  the 
 said  kingdoms  and  dominions,  with  all  and  singular  the  pre- 
 mises thereunto  belonging  and  appertaining,  shall  be  and 
 continue  to  their  said  majesties,  and  the  survivor  of  them, 
 during  their  lives,  and  the  life  of  the  survivor  of  them : 
 and  that  the  entire,  perfect,  and  full  exercise  of  the  regal 
 power  and  government  be  only  in  and  executed  by  his 
 majesty,  in  the  names  of  both  their  majesties  during  their 
 
652  DOCUMENTS  ILLUSTRATIVE  OF  THE     [cxxii 
 
 1689.  joint  lives ;  and  after  their  deceases  the  said  crown  and 
 premises  shall  be  and  remain  to  the  heirs  of  the  body  of 
 her  majesty ;  and  for  default  of  such  issue,  to  her  royal 
 highness  the  Princess  Anne  of  Denmark,  and  the  heirs  of 
 her  body ;  and  for  default  of  such  issue,  to  the  heirs  of  the 
 body  of  his  said  majesty :  and  thereunto  the  said  Lords 
 spiritual  and  temporal,  and  Commons,  do,  in  the  name  of 
 all  the  people  aforesaid,  most  humbly  and  faithfully  submit 
 themselves,  their  heirs  and  posterities  for  ever;  and  do 
 faithfully  promise  that  they  will  stand  to,  maintain,  and 
 defend  their  said  majesties,  and  also  the  limitation  and  suc- 
 cession of  the  crown  herein  specified  and  contained,  to  the 
 utmost  of  their  powers,  with  their  lives  and  estates,  against 
 all  persons  whatsoever,  that  shall  attempt  anythmg  to  the 
 contrary. 
 Papists  And  whereas  it  hath  been  found  by  experience,  that  it  is 
 
 ,if^t'\^^,„„  inconsistent  with  the  safety  and  welfare  of  this  Protestant 
 
 inc  crown,  -^ 
 
 kingdom,  to  be  governed  by  a  popish  prince,  or  by  any 
 king  or  queen  marrying  a  papist,  the  said  Lords  spiritual 
 and  temporal,  and  Commons,  do  further  pray  that  it  may  be 
 enacted^  that  all  and  every  person  and  persons  that  is,  are, 
 or  shall  be  reconciled  to,  or  shall  hold  communion  with, 
 the  see  or  Church  of  Rome,  or  shall  profess  the  popish 
 religion,  or  shall  marry  a  papist^  shall  be  excluded,  and  be 
 for  ever  incapable  to  inherit,  possess,  or  enjoy  the  crown  and 
 government  of  this  realm  and  Ireland,  and  the  dominions 
 thereunto  belonging,  or  any  part  of  the  same,  or  to  have, 
 use,  or  exercise  any  regal  power,  authority,  or  jurisdiction 
 within  the  same ;  [and  in  all  and  every  such  case  or  cases 
 the  people  of  these  realms  shall  be,  and  are  hereby  absolved 
 of  their  allegiance  ^ ;]  and  the  said  crown  and  government 
 shall  from  time  to  time  descend  to,  and  be  enjoyed  by 
 such  person  or  persons,  being  Protestants,  as  should  have 
 inherited  and  enjoyed  the  same  in  case  the  said  person  or 
 *  Annexed  to  the  original  Act  in  a  separate  schedule. 
 
cxxii]    HISTORY  OF  THE  ENGLISH  CHURCH  653 
 
 persons  so  reconciled,  holding  communion,  or  professing,      1689. 
 or  marrying  as  aforesaid,  were  naturally  dead, 
 
 [And  that  every  king  and  queen  of  this  realm,  who  at  The  sove- 
 any  time  hereafter  shall  come  to  and  succeed  in  the  im-  '"^JS"  Jo 
 
 .  take  the 
 
 perial  crown  of  this  kmgdom,  shall  on  the  first  day  of  the  declaration 
 
 meeting  of  the  first  Parliament  next  after  his  or  her  coming  of  SoChas. 
 .        .      ,  .  ,  ^11,  Stat.  2, 
 
 to  the  crown,  sittmg  m  his  or  her  throne  in  the  House  of  c.  i. 
 
 Peers,  in  the  presence  of  the  Lords  and  Commons  therein 
 
 assembled,  or  at  his  or  her  coronation,  before  such  person 
 
 or  persons  who  shall  administer  the  coronation  oath  to  him 
 
 or  her,  at  the  time  of  his  or  her  taking  the  said  oath  (which 
 
 shall  first  happen),  make,  subscribe,  and  audibly  repeat  the 
 
 declaration  mentioned  in  the  statute  made  in  the  thirtieth 
 
 year  of  the  reign  of  King  Charles  II,  entitled,    'An  Act 
 
 for  the  more  effectual   preserving  the  king's  person  and 
 
 government,   by   disabling   papists    from    sitting   in   either 
 
 House  of  Parliament.'     But  if  it  shall  happen  that  such  If  under 
 
 king  or  queen,  upon  his  or  her  succession  to  the  crown  of  ^^^^'^^ 
 
 .  ^  ^  years  old, 
 
 this  realm,  shall  be  under  the  age  of  twelve  years,  then  to  be  done 
 every  such  king  or  queen  shall  make,  subscribe,  and  audibly  ^^^.^^.  ^^' 
 repeat  the  said  declaration  at  his  or  her  coronation,  or  the  that  age. 
 first  day  of  the  meeting  of  the  first  Parliament  as  aforesaid, 
 which  shall  first  happen  after  such  king  or  queen  shall  have 
 attained  the  said  age  of  twelve  years  ^.] 
 
 All  which  their  majesties  are  contented  and  pleased  shall  King's 
 be  declared,  enacted,  and  established  by  authority  of  this  ^^^^^  • 
 present  Parliament,  and  shall  stand,  remain,  and  be  the 
 law  of  this  realm  for  ever ;  and  the  same  are  by  their  said 
 majesties,  by  and  with  the  advice  and  consent  of  the 
 Lords  spiritual  and  temporal,  and  Commons,  in  Parlia- 
 ment assembled,  and  by  the  authority  of  the  same,  declared, 
 enacted,  and  established  accordingly. 
 
 And  be  it  further  declared  and  enacted  by  the  authority  Dispensa- 
 
 aforesaid,  that  from  and  after  this  present  session  of  Par-  ^"    J 
 
 ^  Annexed  to  the  original  Act  in  a  separate  schedule.  stante 
 
 made  void. 
 
23,  1689. 
 
 654  DOCUMENTS  ILLUSTRATIVE   OF  THE     [cxxii 
 
 1G89.  liament,  no  clispensation  by  7ton  obstante  of  or  to  any 
 statute,  or  any  part  thereof,  shall  be  allowed,  but  that  the 
 same  shall  be  held  void  and  of  no  effect,  except  a  dis- 
 pensation be  allowed  of  in  such  statute,  [and  except  in 
 such  cases  as  shall  be  specially  provided  for  by  one  or 
 more  bill  or  bills  to  be  passed  during  this  present  session 
 of  Parliament  ^]. 
 
 Pardons  Provided  that  no  charter,  or  grant,  or  pardon,  granted 
 
 excepted 
 
 before         before  the  three-and-twentieth  day  of  October,  in  the  year 
 
 October      Qf  q^j-  Lord  1689,  shall  be  any  ways  impeached  or  invalidated 
 
 by  this  Act,  but  that  the  same  shall  be  and  remain  of  the 
 
 same  force  and  effect  in  law,  and  no  other  than  as  if  this 
 
 Act  had  never  been  made. 
 
 CXXIII. 
 
 THE   TOLERATION   ACT,   a.  d.   1689. 
 1  William  and  Mary,  cap.  18. 
 
 1689.  The  Toleration  Bill  was  introduced  by  the  Earl  of  Nottingham, 
 
 and  passing  both  Houses  with  little  difficulty  became  law  May  24, 
 1689. 
 
 [Transcr.  Statutes  of  the  Realm,  vi.  p.  74] 
 
 Object  of        Forasmuch  as  some  ease  to  scrupulous  consciences  in 
 the  Act—   ^j^g  exercise  of  religion  may  be  an  effectual  means  to  unite 
 
 to  unite  ... 
 
 Protestant  their  majesties'  Protestant  subjects  in  interest  and  affection  : 
 
 subjects.  gg  -J.  enacted  by  the  king's  and  queen's  most  excellent 
 
 against  majesties,  by  and  with  the  advice  and  consent  of  the  Lords 
 
 re  igious  spiritual  and  temporal,  and  the  Commons,  in  this  present 
 
 formity  Parliament^ assembled  and  by  the  authority  of  the  same, 
 
 siail  not     that  I  neither  the  statute  made  in  the  three-and-twentieth 
 extend  to 
 
 Dissenters  year  of  the  reign  of  the  late  Queen  Elizabeth,  entitled,  '  An 
 tak°  tf*^^^    ^^^  ^^  retain  the  Queen's  majesty's  subjects  in  their  due 
 ^  Annexed  to  the  original  Act  in  a  separate  schedule. 
 
cxxiii]    HISTORY  OF  THE  ENGLISH  CHURCH  655 
 
 obedience ; '  nor  the  statute  made  in  the  twenty-ninth  year      1689. 
 of  the  said  queen,  entitled,  'An  Act  for  the  more  speedy  oaths  of 
 
 allegiance 
 and  due  execution  of  certain  branches  of  the  statute  made  and  supre- 
 
 in  the  three-and-twentieth  year  of  the  queen's  majesty's  "^^cy. 
 reign,'  viz.  the  aforesaid  Act ;  nor  that  branch  or  clause  of 
 a  statute  made  in  the  first  year  of  the  reign  of  the  said 
 queen,  entitled,  *An  Act  for  the  uniformity  of  common 
 prayer  and  service  in  the  Church,  and  administration  of 
 the  sacraments ; '  whereby  all  persons,  having  no  lawful  or 
 reasonable  excuse  to  be  absent,  are  required  to  resort  to 
 their  parish  church  or  chapel,  or  some  usual  place  where 
 the  common  prayer  shall  be  used,  upon  pain  of  punish- 
 ment by  the  censures  of  the  Church,  and  also  upon  pain 
 that  every  person  so  offending  shall  forfeit  for  every  such 
 offence  twelvepence ;  nor  the  statute  made  in  the  third  year 
 of  the  reign  of  the  late  King  James  I,  entitled,  '  An  Act  for 
 the  better  discovering  and  repressing  popish  recusants ; '  nor 
 that  other  statute  made  in  the  same  year,  entitled,  '  An  Act 
 to  prevent  and  avoid  dangers  which  may  grow  by  popish 
 recusants ; '  nor  any  other  law  or  statute  of  this  realm  made 
 against    papists    or  popish    recusants,  /  except    the   statute  Exception 
 
 made  in  the  five-and-twentieth  year  of  King  Charles  II,  ^^^^  '^^^ 
 
 ■'  °  general 
 
 entitled,  '  An  Act  for  preventing  dangers  which  may  happen  repeal  of 
 from  popish  recusants;'  and  except  also  the  statute  made  25Chas.II, 
 in  the  thirtieth  year  of  the  said  King  Charles  II,  entitled, 
 *  An  Act  for  the  more  effectual  preserving  the  king's  person 
 and  government,  by  disabling  papists  from  sitting  in  either 
 House  of  Parliament ; '  shall  be  construed  to  extend  to  any 
 person  or  persons  dissenting  from  the  Church  of  England, 
 that  shall  take  the  oaths  mentioned  in  a  statute  made  this 
 present  Parliament,  entitled,  '  An  Act  for  removing  and  pre- 
 venting all  questions  and  disputes  concerning  the  assembhng 
 and  sitting  of  ihis  present  Parliament ; '  and  shall  make  and 
 subscribe  the  declaration  mentioned  in  a  statute  made  in 
 the  thirtieth  year  of  the  reign  of  King  Charles  II,  entitled, 
 
656  DOCUMENTS  ILLUSTRATIVE  OF  THE    [cxxiii 
 
 1689.      'An  Act  to  prevent  papists  from  sitting  in  either  House 
 
 Taking        of  Parliament ; '  which  oaths  and  declaration  the  justices  of 
 
 fo  b'r^^'^"  peace  at  the  general  sessions  of  the  peace,  to  be  held  for 
 
 registered,  the  county  or  place  where  such  person  shall  live,  are  hereby 
 
 required  to  tender  and  administer  to  such  persons  as  shall 
 
 offer  themselves  to  take,  make,  and   subscribe  the  same. 
 
 Fee  for       and  thereof  to  keep  a  register:   and  likewise  none  of  the 
 
 tufn^In^d      persons  aforesaid  shall  give  or  pay,  as  any  fee  or  reward, 
 
 certificate,  to  any  officer  or  officers  belonging  to  the  court  aforesaid, 
 
 above  the  sum  of  sixpence^  nor  that  more  than  once,  for 
 
 his  or  their  entry  of  his  taking  the  said  oaths,  and  making 
 
 and  subscribing  the  said  declaration  ;  nor  above  the  further 
 
 sum  of  sixpence  for  any  certificate  of  the  same,  to  be  made 
 
 out  and  signed  by  the  officer  or  officers  of  the  said  court. 
 
 Persons  And  be   it  further  enacted  by  the  authority  aforesaid, 
 
 of^rlcus-     ^^^^  ^^^  ^^^  every  person  and  persons,  already  convicted 
 
 ancy,  or   prosccuted   in    order   to   conviction   of    recusancy,    by 
 
 oaths^&c^  indictment,    information,    action    of    debt,    or    otherwise, 
 
 shall  be       grounded  upon  the  aforesaid  statutes,  or  any  of  them,  that 
 
 ofdl  penal- ^^^^^^  take  the  said  oaths  mentioned  in   the    said  statute 
 
 ties,  &c.,     made  this  present  Parliament,  and  make  and  subscribe  the 
 
 declaration  aforesaid,  in  the  Court  of  Exchequer,  or  assizes, 
 
 or  general  or  quarter  sessions  to  be  held  for  the  county 
 
 where  such  person    lives,   and  to   be   thence   respectively 
 
 certified  into  the  exchequer,  shall  be  thenceforth  exempted 
 
 and  discharged  from  all  the  penalties,  seizures,  forfeitures, 
 
 judgments,   and   executions  incurred  by  force  of  any  the 
 
 aforesaid  statutes,  without  any  composition,  fee,  or  further 
 
 charge  whatsoever. 
 
 and  shall         And  be  it  further   enacted  by  the  authority  aforesaid, 
 
 "°j^j^^        that  all  and  every  person  and  persons  that  shall,  as  afore- 
 
 under  the   Said,   take   the   said   oaths,   and  make  and  subscribe  the 
 
 Acts  35       declaration   aforesaid,    shall   not   be   liable   to   any   pains, 
 Ehz.  or  22  '  -1 
 
 Clias.  II.     penalties,  or  forfeitures,  mentioned  in  an  Act  made  in  the 
 
 five-and-thirtieth  year  of  the  reign  of  the  late  Queen  Eliza- 
 
cxxiii]     HISTORY  OF  THE  ENGLISH  CHURCH  657 
 
 beth,    entitled,   'An   Act  to    retain    the   queen's    majesty's       1689. 
 
 subjects  in  their  due  obedience ; ',  nor  in  an  Act  made  in 
 
 the  two-and-twentieth  year  of  the  reign  of  the   late  king 
 
 Charles   II,    entitled,    '  An   Act   to    prevent    and    suppress  nor  be 
 
 seditious  conventicles  : '-  nor  shall  any  of  the,  said  persons  p^'^^^^^^ed 
 
 ^       —    .  ■'  ;,  ^  in  any 
 
 be  prosecuted  in  any  ecclesiastical  court,  for  or  by  reason  ecclesias- 
 
 of  their  nonconforming  to  the  Church  of  England.  ^'*^^'  court. 
 
 Provided   always,  and   be   it    enacted   by  the  authority  Persons 
 
 aforesaid,  that  if  any  assembly  of  persons  dissentinsr  from  ^'^t<^"5'i"8' 
 
 meetiiT's 
 
 the  Church  of  England   shall   be   had    in   any  place   for  with 
 religious  worship  with  the  doors  locked,  barred,  or  bolted,  ^^^^^'^ 
 
 7  .  doors  ex- 
 
 durmg  any  tniie  of  such  meetmg  together,  all  and   every  eluded 
 person    or   persons  that  shall    come    to   and    be   at    such  ^'"^"^  ^'^^ 
 
 .  .  benefits  of 
 
 meetmg  shall   not  receive  any  benefit  from  this   law,  but  this  Act, 
 be  liable  to  all  the  pains  and  penalties  of  all  the  aforesaid  ^'though 
 
 1    •        T  •       *  r  11-  taking  the 
 
 laws  recited  in  this  Act,  for  such  their  meeting,  notwith-  oaths, 
 standing  his  taking  the  oaths  and  his  making  and  subscrib- 
 ing the  declaration  aforesaid. 
 
 Provided  always,  that  nothing  herein  contained  shall  be  Tithes 
 construed   to  exempt  any   of  the  persons   aforesaid  from  ^^^'^^• 
 paying  of  tithes   or  other  parochial  duties,   or   any   other 
 duties  to  the  church  or  minister,  nor  from  any  prosecution 
 in  any  ecclesiastical  court  or  elsewhere,  for  the  same. 
 
 And  be  it  further  enacted    by  the  authority  aforesaid,  Officers 
 that  if  any  person  dissenting  from  the  Church  of  England,  ^^^ 
 as  aforesaid,   shall  hereafter  be    chosen   or  otherwise   ap-  take  oaths, 
 
 pointed  to  bear  the  office  of  hierh-constable,  or  petit-con-    ,, 
 
 ^  fe  J  r  allowed  to 
 
 &c. 
 alio ..  _ 
 
 Stable,  churchwarden,  overseer  of  the  poor,  or  any  other  act  by 
 parochial  or  ward  office,  and  such  person  shall  scruple  to  ^^P"ty. 
 take  upon  him  any  of  the  said  offices  in  regard  of  the  oaths, 
 or  any  other  matter  or  thing  required  by  the  law  to  be 
 taken  or  done  in  respect  of  such  office,  every  such  person 
 shall  and  may  execute  such  office  or  employment  by  a 
 sufficient  deputy,  by  him  to  be  provided,  that  shall  comply 
 with  the  laws  on  this  behalf.     Provided  always,  the  said 
 
 U  u 
 
658  DOCUMENTS  ILLUSTRATIVE   OF  THE      [cxxiii 
 
 IGSO.  deputy  be  allowed  and  approved  by  such  person  or  persons, 
 in  such  manner  as  such  officer  or  officers  respectively  should 
 by  law  have  been  allowed  and  approved. 
 Ministers,  And  be  it  further  enacted  by  the  authority  aforesaid, 
 empted  ^^^^  "o  jDcrson  dissenting  from  the  Church  of  England  in 
 from  17  Holy  Orders,  or  pretended  Holy  Orders,  or  pretending  to 
 c  2^f"  '  Holy  Orders,  nor  any  preacher  or  teacher  of  any  congrega- 
 22Chas.  II,  tion  of  dissenting  Protestants,  that  shall  make  and  subscribe 
 i'4Chas  II  ^^^^  declaration  aforesaid,  and  take  the  said  oaths  at  the 
 c-  4-  general   or  quarter  sessions  of  the  peace  to  be   held  for 
 
 the  county,  town,  parts,  or  division  where  such  person  lives, 
 which  court  is  hereby  empowered  to  administer  the  same, 
 and  shall  also  declare  his  approbation  of  and  subscribe  the 
 Articles  of  Religion  mentioned  in  the  statute  made  in  the 
 thirteenth  year  of  the  reign  of  the  late  Queen  Elizabeth, 
 except  the  thirty-fourth,  thirty-fifth,  and  thirty-sixth,  and 
 these  words  of  the  twentieth  Article,  viz.  '  the  Church  hath 
 power  to  decree  rites  or  ceremonies,  and  authority  in  con- 
 troversies of  faith,'  and  'yet,'  shall  be  liable  to  any  of  the 
 pains  or  penalties  mentioned  in  an  Act  made  in  the  seven- 
 teenth year  of  the  reign  of  King  Charles  II,  entitled,  '  An 
 Act  for  restraining  nonconformists  from  inhabiting  in  cor- 
 porations ; '  nor  the  penalties  mentioned  in  the  aforesaid 
 Act  made  in  the  two-and-twentieth  year  of  his  said  late 
 majesty's  reign,  for  or  by  reason  of  such  persons  preaching 
 at  any  meeting  for  the  exercise  of  religion ;  nor  to  the 
 penalty  of  one  hundred  pounds  mentioned  in  an  Act  made 
 in  the  thirteenth  and  fourteenth  of  King  Charles  II,  entitled, 
 *  An  Act  for  the  uniformity  of  public  prayers,  and  adminis- 
 tration of  Sacraments,  and  other  rites  and  ceremonies; 
 and  for  establishing  the  form  of  making,  ordaining,  and 
 consecrating  of  bishops,  priests,  and  deacons  in  the  Church 
 of  England,'  for  officiating  in  any  congregation  for  the 
 exercise  of  religion  permitted  and  allowed  by  this  Act. 
 [Provided  always,  that  the  making  and  subscribing  the 
 
cxxiii]    HISTORY  OF  THE  ENGLISH  CHURCH  6^9 
 
 said  declaration,  and  the  taking  the  said  oaths,  and  making      1689. 
 the  declaration  of  approbation  and  subscription  to  the  said  Taking  the 
 
 oaths,  &c., 
 
 Articles,  in  manner  as  aforesaid,  by  every  respective  person  to  be 
 or   persons   hereinbefore   mentioned,    at   such    general    or  registered, 
 quarter  sessions  of  the  peace  as  aforesaid,  shall  be  then 
 and  there  entered  of  record  in  the  said   court,  for  which 
 sixpence  shall  be  paid  to  the  clerk  of  the  peace,  and  no 
 more  ^ :]  provided  that  such  person  shall  not  at  any  time  Meeting- 
 preach  in  any  place,  but  with  the  doors  not  locked,  barred,  Jj^^^e 
 or  bolted,  as  aforesaid.  unlocked. 
 
 And  whereas  some  dissenting  Protestants  scruple  the  Anabap- 
 baptizing  of  infants ;  be  it  enacted  by  the  authority  afore-  ^^^  ^* 
 said,  that  every  person  in  pretended  Holy  Orders,  or 
 pretending  to  Holy  Orders,  or  preacher,  or  teacher,  that 
 shall  subscribe  the  aforesaid  Articles  of  Religion,  except 
 before  excepted,  and  also  except  part  of  the  seven-and- 
 tvventieth  Article  touching  infant  baptism,  and  shall  take 
 the  said  oaths,  and  make  and  subscribe  the  declaration 
 aforesaid,  in  manner  aforesaid,  every  such  person  shall 
 enjoy  all  the  privileges,  benefits,  and  advantages  which  any 
 other  dissenting  minister,  as  aforesaid,  might  have  or  enjoy 
 by  virtue  of  this  Act. 
 
 And  be  it  further  enacted  by  the  authority  aforesaid.  Teachers 
 that   every  teacher   or  preacher  in  Holy  Orders,    or   pre-  p^^^^ 
 tended  Holy  Orders,  that  is  a  minister,  preacher,  or  teacher  offices. 
 of  a  congregation,  that  shall  take  the  oaths  herein  required, 
 and  make  and  subscribe  the  declaration  aforesaid,  and  also 
 subscribe  such  of  the  aforesaid  Articles  of  the  Church  of 
 England  as  are  required  by  this  Act  in  manner  aforesaid, 
 shall  be  thenceforth  exempted  from  serving  upon  any  jury, 
 or  from  being  chosen  or  appointed  to  bear  the  office  of 
 churchwarden,  overseer  of  the  poor,  or  any  other  parochial 
 or  ward  office  or  other  office  in  any  hundred  of  any  shire, 
 city,  town,  parish,  division,  or  wapentake. 
 
 ^  Annexed  to  the  original  Act  in  a  separate  schedule. 
 U  U  2 
 
63d  documents  ILLUSTRATIVE   OF  THE      [cxxiir 
 
 1689.  And  be  it   further  enacted  by  the   authority  aforesaid, 
 
 Justices  of  i-j^^^j-  every  justice  of  the  peace  may  at  any  time  hereafter 
 the  peace  ,  ,  ^  ^.         ,.  .  r 
 
 ma3'tcnder  require  any  person  that  goes  to  any  meetmg  for  exercise  of 
 
 the  oaths,    rehgion,  to  make  and  subscribe  the  declaration  aforesaid, 
 
 and  also  to  take  the  said  oaths  or  declaration  of  fidelity 
 
 hereinafter  mentioned,   in   case   such  person  scruples  the 
 
 taking  of  an  oath,  and  upon  refusal  thereof,  such  justice 
 
 of  the  peace  is  hereby  required  to  commit  such  person  to 
 
 prison  without  bail  or  mainprize,  and  to  certify  the  name 
 
 of  such  person  to  the  next  general  or  quarter  sessions  of 
 
 the  peace  to  be  held  for  that  county,  city,  town,  part,  or 
 
 division    where    such    person    then    resides ;    and    if  such 
 
 person  so   committed   shall   upon  a  second  tender  at  the 
 
 general  or  quarter  sessions  refuse  to  make  and  subscribe 
 
 the  declaration  aforesaid,  such  person  refusing  shall  be  then 
 
 and  there  recorded,  and  he  shall  be  taken  thenceforth  to 
 
 all  intents  and  purposes  for  a  popish  recusant  convict,  and 
 
 suffer  accordingly,  and  incur  all  the  penalties  and  forfeitures 
 
 of  all  the  aforesaid  laws. 
 
 And  whereas  there  are  certain  other  persons,  dissenters 
 
 from    the    Church    of  England,    who    scruple    the   taking 
 
 of  any   oath ;    be  it  enacted    by  the    authority  aforesaid, 
 
 that    every    such    person    shall    make    and    subscribe   the 
 
 aforesaid  declaration,  and  also  this  declaration  of  fidelity 
 
 following,  viz. 
 
 I,  A.  B.,  do  sincerely  promise  and  solemnly  declare 
 
 before  God  and  the  world,  that  I  will  be  true  and  faithful 
 
 to   King  William  and  Queen   Mary ;   and   I  do   solemnly 
 
 profess  and  declare,  that  I  do  from  my  heart  abhor,  detest, 
 
 and   renounce,  as   impious   and   heretical,  that  damnable 
 
 doctrine   and   position,    that   princes    excommunicated   or 
 
 deprived  by  the  pope,  or  any  authority  of  the  see  of  Rome, 
 
 may  be  deposed  or  murdered    by  their  subjects,   or  any 
 
 other   whatsoever.      And    I    do    declare    that    no    foreign 
 
 prince,  person,  prelate,  state,  or  potentate,  hath  or  ought 
 
cxxiii]     HISTORY  OF  THE  ENGLISH  CHURCH  66j 
 
 to  have  any  power,  jurisdiction,  superiority,  pre-eminence,      1689. 
 or  authority  ecclesiastical  or  spiritual  within  this  realm.' 
 [And  shall  subscribe  a  profession  of  their  Christian  belief 
 in  these  words : 
 
 *  I,  A.  B.,  profess  faith  in  God  the  Father,  and  in  Jesus  Profession. 
 Christ    His   eternal  Son  the  true  God,  and   in  the  Holy 
 Spirit,  one  God  blessed  for  evermore,  and  do  acknowledge 
 the  Holy  Scriptures  of  the  Old  and  New  Testament  to  be 
 given  by  Divine  inspiration.' 
 
 Which  declarations  and  subscription  shall  be  made  and  Declara- 
 entered  of  record  at  the  general  quarter  sessions  of  the  Profes'sion 
 peace  of  the  county,  city,  or  place  where  every  such  person  to  be  en- 
 shall  then  reside  \]    And  every  such  person  that  shall  make  record* 
 and  subscribe  the  two  declarations  and  profession  aforesaid,  Benefits 
 being  thereunto  required,  shall  be  exempted  from  all  the  gubsc^rib- 
 pains  and  penalties   of  all  and   every  the  aforementioned  ing. 
 statutes  made  against  popish  recusants,  or  Protestant  non- 
 conformists, and  also  from  the  penalties  of  an  Act  made 
 in  the  fifth  year  of  the  reign  of  the  late  Queen  Elizabeth, 
 entitled,   'An  Act  for  the  assurance  of  the  queen's  royal 
 power  over  all  estates  and  subjects  within  her  dominions,' 
 for  or  by  reason  of  such  persons  not  taking  or  refusing  to 
 take  the  oath  mentioned  in  the  said  Act;  and  also  from 
 the  penalties  of  an  Act  made  in  the  thirteenth  and  four- 
 teenth years  of  the  reign  of  King  Charles  H,  entitled,  'An 
 Act   for   preventing    mischiefs    that   may  arise    by  certain 
 persons,  called  Quakers,  refusing  to  take  lawful  oaths ; '  and 
 enjoy   all   other   the   benefits,    privileges,    and    advantages 
 under  the  like  limitations,  provisoes,  and  conditions,  which 
 nny  other  dissenters  shall  or  ought  to  enjoy  by  virtue  of 
 ihis  Act. 
 
 Provided   always,   and   be   it  enacted  by  the   authority  How- 
 aforesaid,  that  in  case  any  person  shall  refuse  to  take  the  P^^S^^ 
 said  oaths,  when  tendered  to  them,  which  every  justice  of  fusal. 
 ^  Annexed  to  the  original  Act  in  a  separate  schedule. 
 
i2  DOCUMENTS  ILLUSTRATIVE  OF  THE     [cxxiii 
 
 1C80.  the  peace  is  hereby  empowered  to  do,  such  person  shall 
 not  be  admitted  to  make  and  subscribe  the  two  declarations 
 aforesaid,  though  required  thereunto  either  before  any  justice 
 of  the  peace,  or  at  the  general  or  quarter  sessions,  before 
 or  after  any  conviction  of  popish  recusancy,  as  aforesaid, 
 unless  such  person  can,  within  thirty-one  days  after  such 
 tender  of  the  declarations  to  him,  produce  two  sufficient 
 Protestant  witnesses  to  testify  upon  oath  that  they  believe 
 him  to  be  a  Protestant  dissenter,  or  a  certificate  under  the 
 hands  of  four  Protestants,  who  are  conformable  to  the 
 Church  of  England,  or  have  taken  the  oaths  and  subscribed 
 the  declaration  above  mentioned,  and  shall  also  produce 
 a  certificate  under  the  hands  and  seals  of  six  or  more 
 sufficient  men  of  the  congregation  to  which  he  belongs, 
 owning  him  for  one  of  them. 
 
 Provided  also,  and  be  it  enacted  by  the  authority 
 aforesaid,  that  until  such  certificate,  under  the  hands  of  six 
 of  his  congregation,  as  aforesaid,  be  produced,  and  two 
 Protestant  witnesses  come  to  attest  his  being  a  Protestant 
 dissenter,  or  a  certificate  under  the  hands  of  four  Pro- 
 testants, as  aforesaid,  be  produced,  the  justice  of  the  peace 
 shall  and  hereby  is  required  to  take  a  recognizance  with 
 two  sureties  in  the  penal  sum  of  fifty  pounds,  [to  be  levied 
 of  his  goods  and  chattels,  lands,  and  tenements,  to  the  use 
 of  the  king's  and  queen's  majesties,  their  heirs  and  suc- 
 cessors y  for  his  producing  the  same ;  and  if  he  cannot  give 
 such  security,  to  commit  him  to  prison,  there  to  remain 
 until  he  has  produced  such  certificates,  or  two  witnesses,  as 
 aforesaid. 
 
 Provided  always,  and  it  is  the  true  intent  and  meaning 
 of  this  Act,  that  all  the  laws  made  and  provided  for  the 
 frequenting  of  divine  service  on  the  Lord's  day  com- 
 monly called  Sunday,  shall  be  still  in  force,  and  executed 
 against  all  persons  that  offend  against  the  said  laws,  except 
 ^  Annexed  to  the  original  Act  in  a  separate  schedule. 
 
cxxiii]   HISTORY  OF  THE  ENGLISH  CHURCH  663 
 
 such  persons  come  to  some  congregation   or  assembly  of      1689. 
 religious  worship,  allowed  or  permitted  by  this  Act. 
 
 Provided  always^  and  be  it  further  enacted  by  the  Papists, 
 authority  aforesaid,  that  neither  this  Act,  nor  any  clause,  ^.^^^l^' 
 article,  or  thing  herein  contained,  shall  extend  or  be  con- 
 strued to  extend  to  give  any  ease,  benefit,  or  advantage  to 
 any  papist  or  popish  recusant  whatsoever,  or  any  person 
 that  shall  deny  in  his  preaching  or  writing  the  doctrine  of 
 the  blessed  Trinity,  as  it  is  declared  in  the  aforesaid  Articles 
 of  Religion. 
 
 Provided  always,  and    be   it   enacted    by  the  authority  Punish- 
 aforesaid,  that  if  any  person  or  persons,  at  any  time  or  "1^"*^  ° 
 times  after  the  tenth  day  of  June,  do  and  shall  willingly  of  religious 
 and  of  purpose,  maliciously  or  contemptuously  come  into  worship, 
 any  cathedral  or  parish  church,  chapel,  or  other  congrega- 
 tion  permitted   by  this  Act,  and    disquiet  or  disturb  the 
 same,  or  misuse  any  preacher  or  teacher,  such  person  or 
 persons,  upon  proof  thereof  before  any  justice  of  peace,  by 
 two  or  more  sufficient  witnesses,  shall  find  two  sureties  to 
 be  bound  by  recognizance  in  the  penal  sum  of  fifty  pounds, 
 and  in  default  of  such  sureties  shall  be  committed  to  prison, 
 there  to  remain  till  the  next  general  or  quarter  sessions ; 
 and  upon  conviction  of  the  said  offence  at  the  said  general 
 or  quarter  sessions,   shall  suffer  the  pain  and  penalty  of 
 twenty  pounds,  [to  the  use  of  the  king's  and  queen's  majes- 
 ties, their  heirs  and  successors  \] 
 
 Provided  always,  that  no  congregation  or  assembly  for  places  of 
 religious  worship  shall  be  permitted  or  allowed  by  this  j'Vorship  to 
 Act,  until  the  place  of  such  meeting  shall  be  certified  to 
 the  bishop  of  the  diocese,  or  to  the  archdeacon  of  that 
 archdeaconry,  [or  to  the  justices  of  the  peace  at  the  general 
 or  quarter  sessions  of  the  peace  for  the  county,  city,  or 
 place  ^]  in  which  such  meeting  shall  be  held,  and  registered 
 in  the  said  bishop's  or  archdeacon's  court  respectively,  or 
 ^  Annexed  to  the  original  Act  in  a  separate  schedule. 
 
t)64  DOCUMENTS  ILLUSTRATIVE   OF  THE     [cxxiii 
 
 1C89.  recorded  at  the  said  general  or  quarter  sessions  ;  the  register 
 or  clerk  of  the  peace  whereof  respectively  is  hereby  required 
 to  register  the  same,  and  to  give  certificate  thereof  to  such 
 person  as  shall  demand  the  same,  for  which  there  shall  be 
 no  greater  fee  nor  reward  taken,  than  the  sum  of  sixpence. 
 
 CXXIV. 
 
 THE  ACT  OF  SETTLEMENT,  a.  d.  1700. 
 12  &  13  William  III,  cap.  2. 
 
 1700.  This  Act,  necessitated  by  the  untimely  death  of  the  young  Duke 
 
 of  Gloucester,  son  of  the  Princess  Anne,  was  passed  in  the  year 
 1700.  It  has  been  subsequently  modified  in  some  few  particulars, 
 e.  g.  the  second  article  by  the  separation  of  Hanover  on  the  accession 
 of  Queen  Victoria;  the  third  soon  after  the  accession  of  George  I ; 
 the  fourth  in  1705  ;  the  fifth  was  repealed  by  7  &  8  Victoria,  c.  66  ;  the 
 sixth  was  altered  in  1705  ;  the  seventh  was  made  somewhat  more 
 stringent  by  the  exclusion  of  the  judges  from  Parliament. 
 
 [Transcr.  Statutes  of  the  Realm,  vii.  p.  636.] 
 Recital  of       Whereas  in  the  first  year  of  the  reign  of  your  majesty, 
 and  Mary    ^^^  °^  ^^^  ^^^^  most  gracious  sovereign  lady  Queen  Mary 
 s.  2,  cap.  2  (of  blessed   memory),    an  Act   of  Parliament  was   made, 
 CXXII)      entitled,  'An  Act  for  declaring  the  rights  and  hberties  of  the 
 subject,  and  for  settling  the  succession  of  the  crown,'  wherein 
 it  was    (amongst    other   things)   enacted,    established,  and 
 declared  that  the  crown  and  regal  government  of  the  king- 
 doms of  England,  France,  and  Ireland,  and  the  dominions 
 thereunto  belonging,  should  be  and  continue  to  your  majesty 
 and  the  said   late  queen,  during   the  joint  lives    of  your 
 majesty  and  the  said  queen,  and  to  the  survivor :  and  that 
 after  the  decease  of  your  majesty  and  of  the  said  queen, 
 the  said  crown  and  regal  government  should  be  and  remain 
 to  the  heirs  of  the  body  of  the  said  late  queen  ;  and  for 
 default  of  such   issue,  to  her  royal  highness  the  Princess 
 Anne  of  Denmark,  and  the  heirs  of  her  body ;  and  for 
 
cxxiv]  HISTORY  OF  THE  ENGLISH  CHURCH  665 
 
 default  of  such  issue,  to  the  heirs  of  the  body  of  your  1700. 
 majesty.  And  it  was  thereby  further  enacted,  that  all  and 
 every  person  and  persons  that  then  were,  or  afterwards 
 should  be  reconciled  to,  or  shall  hold  communion  with 
 the  see  or  Church  of  Rome,  or  should  profess  the  popish 
 religion,  or  marry  a  papist,  should  be  excluded,  and  are  by 
 that  Act  made  for  ever  incapable  to  inherit,  possess,  or 
 enjoy  the  crown  and  government  of  this  realm,  and  Ireland, 
 and  the  dominions  thereunto  belonging,  or  any  part  of  the 
 same,  or  to  have,  use,  or  exercise  any  real  power,  authority, 
 or  jurisdiction  within  the  same :  and  in  all  and  every  such 
 case  and  cases  the  people  of  these  realms  shall  be  and  are 
 thereby  absolved  of  their  allegiance  :  and  that  the  said 
 crown  and  government  shall  from  time  to  time  descend  to 
 and  be  enjoyed  by  such  person  or  persons,  being  Pro- 
 testants, as  should  have  inherited  and  enjoyed  the  same, 
 in  case  the  said  person  or  persons,  so  reconciled,  holding 
 communion,  professing  or  marrying,  as  aforesaid,  were 
 naturally  dead : 
 
 After  the  making  of  which  statute,  and  the  settlement  Death  of 
 therein  contained,  your  majesty's  good  subjects,  who  were  S^^^"  .  , 
 
 ^  •'  J       J       n  J  J  Mary  with- 
 
 restored  to  the  full  and  free  possession  and  enjoyment  of  out  issue, 
 their  religion,  rights,  and  liberties,  by  the  providence  of  God  ^^^y^ 
 giving    success  to   your   majesty's   just   undertakings    and  duke  of 
 unwearied   endeavours   for  that   purpose,   had    no  greater  Gloucester, 
 temporal  felicity  to  hope  or  wish  for,,  than  to  see  a  royal 
 progeny  descending  from  your  majesty,  to  whom   (under 
 God)  they  owe  their  tranquillity,  and  whose  ancestors  have 
 for  many  years  been  principal   assertors    of  the  reformed 
 religion  and  the  liberties  of  Europe,  and  from  our  said  most 
 gracious    sovereign    lady,   whose    memory    will   always    be 
 precious   to  the  subjects   of  these  realms  :    and  it  having 
 since  pleased  Almighty  God  to  take  away  our  said  sovereign 
 lady,  and  also  the   most  hopeful  Prince  William,  duke  of 
 Gloucester  ''the  only  surviving  issue  of  her  royal  highness 
 
666 
 
 DOCUMENTS  ILLUSTRATIVE   OF  THE    [cxxiv 
 
 1700. 
 
 Further 
 provision 
 for  the 
 throne 
 necessary. 
 
 incess 
 
 Prii 
 Sophia 
 declared 
 next  suc- 
 cessor to 
 the  crown. 
 
 the  Princess  Anne  of  Denmark),  to  the  unspeakable  grief 
 and  sorrow  of  your  majesty  and  your  said  good  subjects, 
 who  under  such  losses  being  sensibly  put  in  mind,  that  it 
 standeth  wholly  in  the  pleasure  of  Almighty  God  to  prolong 
 the  lives  of  your  majesty  and  of  her  royal  highness,  and  to 
 grant  to  your  majesty,  or  to  her  royal  highness,  such  issue 
 as  may  be  inheritable  to  the  crown  and  regal  government 
 aforesaid,  by  the  respective  limitations  in  the  said  recited 
 Act  contained,  do  constantly  implore  the  Divine  mercy  for 
 those  blessings  :  and  your  majesty's  said  subjects  having 
 daily  experience  of  your  royal  care  and  concern  for  the 
 present  and  future  welfare  of  these  kingdoms,  and  par- 
 ticularly recommending  from  your  throne  a  further  provision 
 to  be  made  for  the  succession  of  the  crown  in  the  Protestant 
 line,  for  the  happiness  of  the  nation,  and  the  security  of  our 
 religion ;  and  it  being  absolutely  necessary  for  the  safety, 
 peace,  and  quiet  of  this  realm,  to  obviate  all  doubts  and 
 contentions  in  the  same,  by  reason  of  any  pretended  titles 
 to  the  crown,  and  to  maintain  a  certainty  in  the  succession 
 thereof,  to  which  your  subjects  may  safely  have  recourse  for 
 their  protection,  in  case  the  limitations  in  the  said  recited 
 Act  should  determine : 
 
 Therefore  for  a  further  provision  of  the  succession  of 
 the  crown  in  the  Protestant  line,  we  your  majesty's  most 
 dutiful  and  loyal  subjects,  the  Lords  spiritual  and  temporal, 
 and  Commons,  in  this  present  Parliament  assembled,  do 
 beseech  your  majesty  that  it  may  be  enacted  and  declared, 
 and  be  it  enacted  and  declared  by  the  king's  most  excellent 
 majesty,  by  and  with  the  advice  and  consent  of  the  Lords 
 spiritual  and  temporal,  and  Commons,  in  this  present 
 Parliament  assembled,  and  by  the  authority  of  the  same, 
 that  the  most  excellent  Princess  Sophia,  electress  and 
 duchess  dowager  of  Hanover,  daughter  of  the  most  excel- 
 lent Princess  Elizabeth,  late  queen  of  Bohemia,  daughter 
 of  our  late  sovereign  lord  King  James  I,  of  happy  memory, 
 
cxxiv]     HISTORY  OF  THE  ENGLISH  CHURCH  667 
 
 be  and  is  hereby  declared  to  be  the  next  in  succession,  in      1700. 
 the  Protestant  line,  to  the  imperial  crown  and  dignity  of 
 the  said  realms  of  England,  France,  and  Ireland,  with  the 
 dominions   and   territories    thereunto    belonging,  after  his 
 majesty  and  the  Princess  Anne  of  Denmark,  and  in  default  after  the 
 of  issue  of  the   said   Princess  Anne  and    of  his   maiestv  t,^"^  ^"*^ 
 
 •>       ^   Princess 
 
 respectively :  and  that  from  and  after  the  deceases  of  his  Anne  of 
 said  majesty,  our   now   sovereign   lord,  and  of  her  royal     J"^^^^ 
 highness  the  Princess  Anne  of  Denmark,  and  for  default  issue,  &c. 
 of  issue   of  the   said  Princess  Anne   and  of  his   majesty 
 respectively,  the  crown  and  regal  government  of  the  said 
 kingdoms    of  England,   France^   and   Ireland,   and   of  the 
 dominions  thereunto  belonging,  with  the  royal    state  and 
 dignity  of  the  said  realms,  and  all  honours,  styles,  titles, 
 regalities,  prerogatives,  powers,  jurisdictions,  and  authorities 
 to  the  same  belonging  and  appertaining,  shall  be,  remain, 
 and  continue  to  the  said  most  excellent  Princess  Sophia, 
 and  the  heirs  of  her  body,  being  Protestants  ;  and  thereunto  and  the 
 the  said  Lords  spiritual  and  temporal,  and  Commons^  shall  ^qj 
 and  will,  in  the  name  of  all  the  people  of  this  realm,  most  being  Pro- 
 humbly  and  faithfully  submit   themselves,  their  heirs  and 
 posterities ;   and  do   faithfully  promise   that   after   the  de- 
 ceases  of  his   majesty  and    her   royal    highness,   and   the 
 failure  of  the  heirs  of  their  respective  bodies,  to  stand  to, 
 maintain,  and  defend  the  said  Princess  Sophia,  and  the  heirs 
 of  her  body,  being  Protestants,  according  to  the  limitation 
 and  succession  of  the  crown  in  this  Act  specified  and  con- 
 tained, to  the  utmost  of  their  powers,  with  their  lives  and 
 estates,  against  all  persons  whatsoever  that   shall  attempt 
 anything  to  the  contrary. 
 
 Provided  always,  and  it  is  hereby  enacted,  that  all  and  Roman 
 every  person  and  persons,  who  shall  or  may  take  or  inherit  -^^    °  '^f 
 the  said  crown,  by  virtue  of  the  limitation  of  this  present  tated  from 
 
 Act,  and  is,  are,  or  shall  be  reconciled  to,  or  shall  hold  com-  !J  ^'"^^^"^ 
 '  '         '  '  the  crown. 
 
 munion  with,  the  see  or  Church  of  Rome,  or  shall  profess 
 
668  DOCUMENTS  ILLUSTRATIVE   OF  THE    [cxxiv 
 
 1700.  the  popish  religion,  or  shall  marry  a  papist,  shall  be  subject 
 to  such  incapacities  as  in  such  case  or  cases  are  by  the 
 Kings  and  j^^^jj  recited  Act  provided,  enacted,  and  established ;  and 
 tdc'i^the^  that  every  king  and  queen  of  this  realm,  who  shall  come 
 coronation  ^q  and  succced  in  the  imperial  crown  of  this  kingdom,  by 
 ^'^^  ^'  virtue  of  this  Act,  shall  have  the  coronation  oath  adminis- 
 
 tered to  him,  her,  or  them,  at  their  respective  coronations, 
 according  to  the  Act  of  Parliament  made  in  the  first  year 
 of  the  reign  of  his  majesty  and  the  said  late  Queen  Mary, 
 an(l  sub-     entitled,  'An  Act  for  establishing  the  coronation  oath,'  and 
 declara-^^    shall  make,   subscribe,  and  repeat   the  declaration   in  the 
 t'^"-  Act  first  above  recited   mentioned  or  referred  to,  in  the 
 
 manner  and  form  thereby  prescribed. 
 Conditions      And  whereas   it  is  requisite   and   necessary  that   some 
 for  secur-    fyj.|^|-^gj.  provision  be  made  for  securinsj  our  religion,  laws, 
 
 ing  re-  ^  a  o        >  j 
 
 ligion,  &c.,  and  liberties,  from  and  after  the  death  of  his  majesty  and 
 
 in  default    pj-j^^^^ggg  Anne  of  Denmark,  and  in  default  of  such  issue  of 
 
 oi  issue  oi  ' 
 
 the  Prin-     the  body  of  the  said  princess  and  of  his  majesty  respec- 
 
 and^of"he  ^^^ely ;  be  it  enacted  by  the  king's  most  excellent  majesty, 
 king.  by  and  with  the  advice  and  consent  of  the  Lords  spiritual 
 
 and  temporal,  and  Commons,  in  Parliament  assembled,  and 
 
 by  the  authority  of  the  same  : — 
 The  That  whosoever  shall  hereafter  come  to  the  possession 
 
 shau'^iofn  ^^  ^^^^^  crown  shall  join  in  communion  with  the  Church  of 
 the  Church  England,  as  by  law  established. 
 
 fand"^"  That  in  case  the  crown  and  imperial  dignity  of  this  realm 
 
 The  nation  shall  hereafter  come  to  any  person,  not  being  a  native 
 to°en^affe  ^^  ^^^^^  kingdom  of  England,  this  nation  be  not  obliged  to 
 in  foreign    engage  in  any  war  for  the  defence  of  any  dominions  or 
 
 territories  which  do  not  belong  to  the  crown  of  England, 
 
 without  the  consent  of  Parliament. 
 The  That  no  person  who  shall  hereafter  come  to  the  possession 
 
 shaT^not"    ^^  ^^^^  crown  shall  go  out  of  the  dominions  of  England, 
 quit  Eng-    Scotland,  or  Ireland,  without  consent  of  Parliament, 
 cunte^iu  of       ^^^^  ^^^^  ^^^  ^^^^^  ^^^  ^^"^^  ^^^^  ^^^  further  limitation 
 
cxxiv]     HISTORY  OF  THE  ENGLISH  CHURCH  669 
 
 by  this  Act  shall  take  effect,  all  matters  and  things  relating      1700. 
 to  the  well  governing  of  this  kingdom,  which  are  properly  P^i*li^- 
 cognizable  in  the  Privy  Council  by  the  laws  and  customs  of  things 
 of  this  realm,  shall  be  transacted  there,  and  all  resolutions  cognizable 
 
 by  tlie 
 
 taken  thereupon    shall    be   signed   by  such    of  the   Privy  Privy 
 Council  as  shall  advise  and  consent  to  the  same.  Council. 
 
 That  after  the  said  limitation  shall  take  effect  as  aforesaid,  Who  may 
 no  person  born  out  of  the  kingdoms  of  England,  Scotland,  pj-j^y 
 or  Ireland,  or  the  dominions  thereunto  belonging  (although  council- 
 he  be  naturalized  or  made  a  denizen,  except  such  as  are 
 born   of  English  parents),  shall  be  capable  to   be  of  the 
 Privy  Council,   or  a  member  of  either  House  of  Parlia- 
 ment, or  to  enjoy  any  office  or  place  of  trust,  either  civil 
 or  military,  or  to  have  any  grant  of  lands,  tenements,  or 
 hereditaments  from  the  crown,  to  himself  or  to  any  other 
 or  others  in  trust  for  him. 
 
 That  no  person  who  has  an  office  or  place  of  profit  under  Who  may 
 the  king,  or  receives  a  pension  from  the  crown,  shall  be  ^  ^^^  ^. 
 capable  of  serving  as  a  member  of  the  House  of  Commons.   Commons. 
 
 That  after  the  said  limitation  shall  take  effect  as  aforesaid.  How 
 judges'  commissions  be  made  giiamdiii  se  dene  c'esserifit  and  J""^^f 
 
 ,  ,  .  <i  J  may  be 
 
 their  salaries  ascertained  and   established ;    but  upon   the  appointed, 
 address  of  both  Houses  of  Parliament  it  may  be  lawful  to 
 remove  them. 
 
 That  no  pardon  under  the  great  seal  of  England  be  plead-  Of  pardon 
 able  to  an  impeachment  by  the  Commons  in  Parliament.       under  the 
 
 ^  ■'  great  seal. 
 
 And  whereas  the  laws  of  England  are  the  birthright  of  ah  laws 
 the  people  thereof,  and  all  the  kings  and  queens,  who  shall  |'c)r  secur- 
 ascend  the  throne  of  this  realm,  ought  to  administer  the  established 
 government  of  the  same  according  to  the  said  laws,  and  all  religion, 
 their  officers  and  ministers  ought  to  serve  them  respectively  firmed, 
 according  to  the  same  :  the  said  Lords  spiritual  and  temporal, 
 and  Commons,  do  therefore  further  humbly  pray,  that  all 
 the  laws  and  statutes  of  this  realm  for  securing  the  estab- 
 lished religion,  and  the  rights  and  liberties  of  the  people 
 
670  ILLUSTRATIVE  DOCUMENTS 
 
 1700.  thereof,  and  all  other  laws  and  statutes  of  the  same  now 
 in  force,  may  be  ratified  and  confirmed,  and  the  same 
 are  by  his  majesty,  by  and  with  the  advice  and  consent 
 of  the  said  Lords  spiritual  and  temporal,  and  Commons, 
 and  by  authority  of  the  same,  ratified  and  confirmed  accord- 
 ingly. 
 
 THE    END. 
 
WORKS  ON  THE  HISTORY  OF  THE  CHRISTIAN  CHURCH. 
 
 A   HISTORY   OF   THE   CHRISTIAN    CHURCH    DURING    THE 
 
 FIRST  SIX  CENTURIES.  By  S.  Cheetham,  D.D.,  F.S.A.,  Archdeacon  and 
 Canon  of  Rochester,  Honorary  Fellow  of  Christ's  College,  Cambridge,  Fellow  and 
 Emeritus  Professor  of  King's  College,  London.     Crown  8vo.     io5.  6d. 
 
 A  HISTORY  OF    THE    CHRISTIAN    CHURCH,    MIDDLE    AGE. 
 
 By  Charles  Hardwick,  M.A.,  Fellow  of  St.  Catherine's  Hall,  Divinity  Lecturer 
 at  King's  College,  and  Chr,stian  Advocate  in  the  University  of  Cambridge.  With 
 four  Maps.     Third  Edition,  revised  by  Bishop  Stubbs.     Crown  8vo.     lo^.  6d. 
 
 A  HISTORY  OF  THE  CHRISTIAN  CHURCH  DURING  THE 
 REFORMATION.  By  Charles  Hardwick,  M.A.  Third  Edition,  edited  by 
 Bishop  Stubbs.     Crown  8vo.     lo^.  6d. 
 
 AN  EPITOME  OF  THE  HISTORY  OF  THE  CHRISTIAN  CHURCH 
 DURING  THE  FIRST  THREE  CENTURIES,  AND  OF  THE  REFORMA- 
 TION IN  ENGLAND.  Compiled  for  the  use  of  Candidates  for  the  B.A.  degree 
 in  the  University  of  Cambridge.  By  W.  Simpson,  B.A.,  Queen's  College,  Cambridge. 
 Fcap.  Bvo.     3J.  6ii, 
 
 OUTLINES  OF  CHURCH  HISTORY.  By  Professor  Rudolf  Sohm. 
 Translated  by  Miss  May  Sinclair.  With  a  Preface  by  Prof.  H.  M  .Gwatkin,  M.A. 
 Crown  Bvo.     35.  6d. 
 
 SELECTIONS  FROM  EARLY  WRITERS  ILLUSTRATIVE  OF 
 CHURCH  HISTORY  TO  THE  TIME  OF  CONSTANTINE.  By  Henry 
 Melvill  Gwatkin,  M.A.,  Dixie  Professor  of  Ecclesiastical  History  in  the  University 
 of  Cambridge.     Crown  8vo.    4s.  net. 
 
 SELECTIONS  FROM  EARLY  WRITERS  ILLUSTRATIVE  OF 
 CHURCH  HISTORY  TO  THE  TIME  OF  CONSTANTINE.  By  H.  M. 
 Gwatkin,  M.A.     Crown  8vo.     4^.  net. 
 
 TWO  DISSERTATIONS.  I.  On  MONOrENHS  0EO2.  In  Scripture 
 and  Tradition.  II.  On  the  'Constantinopolitan  '  Creed  and  other  Eastern  Creeds  of 
 the  Fourth  Century.  By  Fenton  John  Anthony  Hort,  D.D.,  Fellow  and  Divinity 
 Lecturer  of  Emmanuel  College,  formerly  Fellow  of  Trinity  College,  Cambridge. 
 Bvo.     js.  6d. 
 
 THE  CHURCH  OF  THE  FIRST  DAYS.     Comprising  the  Church  of 
 
 Jerusalem,  the  Church  of  the  Gentiles,  the  Church  of  the  World.  Being  Lectures 
 on  the  Acts  of  the  Apostles.  By  C.  J.  Vaughan,  D.D.,  Dean  of  Llandaff,  Master 
 of  the  Temple,  1869-1894;  and  late  Fellow  of  Trinity  College,  Cambridge. 
 
 THE    SYNOD    OF    ELVIRA    AND    CHRISTIAN    LIFE    IN    THE 
 
 FOURTH  CENTURY.  A  Historical  Essay.  By  Alfred  William  Winter- 
 slow  Dale,  M.A.,  Fellow  and  Lecturer  of  Trinity  Hall,  Cambridge.  Crown  8vo. 
 los.  6d. 
 
 THE   GROWTH    OF    THE    CHURCH    IN   ITS   ORGANIZATION 
 
 AND  INSTITUTIONS.  Being  the  Croall  Lectures  for  ij86.  By  John 
 Cunningham,  D.D.,  author  of  '  Church  History  of  Scotland,'  '  The  Quakers,' 
 '  A  New  Theory  of  Knowing  and  Known,'  &c.     8vo.     9^. 
 
 MACMILLAN  AND  CO.,  Ltd.,  LONDON. 
 
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 MACMILLAN  AND  CO.,  Ltd.,  LONDON. 
 
January  1896. 
 
 A  Catalogue 
 
 of 
 
 Theological  Works 
 
 published  by 
 
 Macmillan   ^  Co. 
 
 Bedford   Street,   Strand,  London 
 
CONTENTS 
 
 The  Bible— 
 
 History  of  the  Bible        ..... 
 
 Biblical  History     ...... 
 
 The  Old  Testament         ..... 
 
 The  New  Testament       ..... 
 
 History  of  the  Christian  Church 
 
 The  Church  of  England         .... 
 
 Devotional  Books 
 
 The  Fathers . 
 
 Hymnology        ....... 
 
 Sermons,   Lectures,  Addresses,    and   Theological 
 Essays         ....... 
 
 I 
 I 
 
 2 
 
 3 
 
 7 
 
 7 
 
 9 
 
 lo 
 
 II 
 
 1 1 
 
January  1896. 
 
 MACMILLAN  AND  CO/S 
 THEOLOGICAL  CATALOGUE 
 
 ^Lbe  Bible 
 
 HISTORY   OF   THE    BIBLE 
 
 THE  ENGLISH  BIBLE  :  An  External  and  Critical  History  of  the 
 various  English  Translations  of  Scripture.  By  Prof.  John  Eadie. 
 2  vols.     8vo.      28s. 
 
 THE  BIBLE  IN  THE  CHURCH.  By  Right  Rev.  Bishop  West- 
 COTT.      loth  Edition.      Pott  8vo.      4s.  6d. 
 
 BIBLICAL    HISTORY 
 
 THE  MODERN  READER'S  BIBLE.      A   Series  of  Books  from   the 
 
 Sacred  Scriptures  presented  in  Modern  Literary  Form.      Edited  by 
 
 R.  G.  MouLTON,  M.A. 
 PROVERBS.     A  Miscellany  of  Sayings  and  Poems  embodying  isolated 
 
 Observations  of  Life. 
 ECCLESIASTICUS.      A  Miscellany  including  longer  compositions, 
 
 still  embodying  only  isolated  observations  of  Life. 
 ECCLESIASTES— WISDOM  OF  SOLOMON.     Each  is  a  Series 
 
 of  Connected  Writings  embodying,  from  different  standpoints,  a 
 
 Solution  of  the  whole  Mystery  of  Life. 
 THE  BOOK  OF  JOB.     A  Dramatic  Poem  in  which  are  embodied 
 
 Varying  Solutions  of  the  Mystery  of  Life.  \ln  the  Press. 
 
 BIBLE  LESSONS.     By  Rev.  E.  A.  Abbott.     Crown  8vo.     4s.  6d. 
 SIDE-LIGHTS  UPON  BIBLE  HISTORY.    By  Mrs.  Sydney  Buxton. 
 
 Illustrated.      Crown  8vo.      5s. 
 STORIES    FROM    THE    BIBLE.     By  Rev.   A.  J.   Church.     Illus- 
 trated.     Two  Series.      Crown  8vo.      3s.  6d.  each. 
 BIBLE    READINGS    SELECTED    FROM    THE    PENTATEUCH 
 
 AND    THE    BOOK    OF    JOSHUA.      By  Rev.  J.    A.   Cross. 
 
 2nd  Edition.      Globe  8vo.      2s.  6d. 
 CHILDREN'S    TREASURY     OF     BIBLE      STORIES.     By    Mrs. 
 
 H.  Gaskoin.    Pott  8vo.     IS.  each.     Part  I.  Old  Testament ;   II. 
 
 New  Testament ;  IJT.  Three  Apostles. 
 THE  NATIONS  AROUND  ISRAEL.    By  A.  Keary.    Cr.  8vo.    3s.  6d. 
 A    CLASS-BOOK  OF    OLD   TESTAMENT    HISTORY.      By  Rev. 
 
 Canon  Maclear.     With  Four  Maps.      Pott  8vo.      4s.  6d. 
 
2  MACMILLAN  AND  CO.'S 
 
 Biblical  History — continued. 
 
 A  CLASS-BOOK  OF  NEW  TESTAMENT  HISTORY.  Includ- 
 ing the  connection  of  the  Old  and  New  Testament.  By  the  same. 
 Pott  8vo.      5s.  6d. 
 
 A  SHILLING  BOOK  OF  OLD  TESTAMENT  HISTORY.  By 
 the  same.      Pott  8vo.      is. 
 
 A  SHILLING  BOOK  OF  NEW  TESTAMENT  HISTORY.  By 
 the  same.      Pott  8vo.      is. 
 
 A  COMMENTARY  ON  THE  BIBLE  FOR  JEWISH  CHILDREN. 
 By  C.  G.  MoNTEFiORE.  \In  the  Press. 
 
 THE   OLD   TESTAMENT 
 
 SCRIPTURE    READINGS    FOR     SCHOOLS    AND    FAMILIES. 
 
 By  C.  M.  YoNGE.     Globe  Svo.     is.  6d.  each  ;  also  with  comments. 
 
 3s.  6d.  each. — First  Series  :  Genesis  to  Deuteronomy. — Second 
 
 Series:  Joshua  to  Solomon. — Third  Series:   Kings  and  the 
 
 Prophets. — Fourth  Series  :  The  Gospel  Times. — Fifth  Series  : 
 
 Apostolic  Times. 
 THE    DIVINE    LIBRARY    OF    THE  OLD    TESTAMENT.      Its 
 
 Origin,  Preservation,  Inspiration,  and  Permanent  Value.      By  Rev. 
 
 A.  F.  Kirkpatrick,  B.D.     Crown  Svo.     3s.  net. 
 THE   DOCTRINE   OF  THE   PROPHETS.      Warburtonian  Lectures 
 
 1 886- 1 890.    By  Rev.  A.  F.  Kirkpatrick,  B.D.    Crown  8vo.    6s. 
 THE     PATRIARCHS     AND     LAWGIVERS      OF      THE      OLD 
 
 TESTAMENT.      By  Frederick  Denison   Maurice.       New 
 
 Edition,      Crown  8vo.      3s.  6d. 
 THE   PROPHETS  AND  KINGS   OF   THE    OLD    TESTAMENT. 
 
 By  the  same.      New  Edition.      Crown  8vo.      3s.  6d. 
 THE  CANON   OF  THE   OLD  TESTAMENT.      An   Essay  on  the 
 
 Growth  and  Formation  of  the  Hebrew  Canon  of  Scripture.      By 
 
 Rev.  Prof.  H.  E.  Ryle.      2nd  Edition.      Crown  8vo.      6s. 
 THE  EARLY  NARRATIVES  OF  GENESIS.     By  Rev.  Prof.  H.  E. 
 
 Ryle.     Cr.  8vo.     3s.  net. 
 PHILO  AND  HOLY  SCRIPTURE,  OR  THE  QUOTATIONS   OF 
 
 PHILO  FROM  THE  BOOKS  OF  THE  OLD  TESTAMENT. 
 
 With  Introduction  and  Notes  by  Prof.  H.  E.  Ryle.      Crown  Svo. 
 
 I  OS.  net. 
 
 The  Pentateuch — 
 
 AN  HISTORICO-CRITICAL  INQUIRY  INTO  THE  ORIGIN 
 AND  COMPOSITION  OF  THE  HEXATEUCH  (PENTA- 
 TEUCH AND  BOOK  OF  JOSHUA).  By  Prof.  A.  Kuenen. 
 Translated  by  Philip  H.  Wicksteed,  M.A.     Svo.      14s. 
 
 The  Psalms— 
 
 THE  PSALMS  CHRONOLOGICALLY  ARRANGED.  An 
 Amended  Version,  with  Historical  Tntroductions  and  Explanatory 
 Notes.     By  Four  Friends.     New  Editxv.n.     Crown  Svo.     5s.  net. 
 
 GOLDEN  TREASURY  PSALTER.  The  Student's  Edition. 
 Being  an  Edition  with  briefer  Notes  of  "The  Psalms  Chrono- 
 logically Arranged  by  Four  Friends."     Pott  Svo.      2s.  6d.  net. 
 
THEOLOGICAL  CATALOGUE  3 
 
 The  Psalms — contifuied. 
 
 THE  PSALMS.     With  Introductions  and  Critical  Notes.      By  A.  C. 
 
 Jennings,  M.A.,   and  W.    H.   Lowe,   M.A.      In  2  vols.      2nd 
 
 Edition.      Crown  8vo.      los.  6d.  each. 
 INTRODUCTION    TO    THE    STUDY   AND    USE    OF    THE 
 
 PSALMS.    By  Rev.  J.  F.  Thrupp.   2nd  Edition.    2  vols.   8vo.  21s. 
 
 Isaiah — 
 
 ISAIAH   XL.— LXVI.      With  the  Shorter  Prophecies  allied  to  it. 
 
 By  Matthew  Arnold.      With  Notes.      Crown  8vo.      5s. 
 ISAIAH  OF  JERUSALEM.    In  the  Authorised  English  Version,  with 
 
 Introduction,  Corrections,  and  Notes.  By  the  same.   Cr.Svo.   4s.  6d. 
 A  BIBLE-READING  FOR  SCHOOLS.     The  Great  Prophecy  of 
 
 Israel's   Restoration  (Isaiah  xl.-lxvi.)      Arranged  and  Edited   for 
 
 Young  Learners.      By  the  same.      4th  Edition.      Pott  Svo.      is. 
 COMMENTARY  ON  THE  BOOK  OF  ISAIAH,  Critical,  Historical, 
 
 and  Prophetical ;   including  a  Revised  English  Translation.      By 
 
 T.  R.  BiRKS.      2nd  Edition.      Svo.      12s.  6d. 
 THE  BOOK  OF  ISAIAH  CHRONOLOGICALLY  ARRANGED. 
 
 By  T.  K.  Cheyne.      Crown  Svo.      7s.  6d. 
 
 Zechariah — 
 
 THE  HEBREW  STUDENT'S  COMMENTARY  ON  ZECH- 
 ARIAH, Hebrew  and  LXX.   By  W.  H.  Lowe,  M.A.  Svo.  ids.  6d. 
 
 THE    NEW   TESTAMENT 
 
 APOCRYPHAL  GOSPEL  OF  PETER.  The  Greek  Text  of  the 
 Newly-Discovered  Fragment.     Svo.      Sewed,      is. 
 
 THE  AKHMIM  FRAGMENT  OF  T?IE  APOCRYPHAL 
 GOSPEL  OF  ST.  PETER.   By  H.  B.  Swete,  D.D.   Svo.   5s.  net. 
 
 THE  NEW  TESTAMENT.  Essay  on  the  Right  Estimation  of  MS. 
 Evidence  in  the  Text  of  the  New  Testament.  By  T.  R.  Birks. 
 Crown  Svo.      3s.  6d. 
 
 THE  SOTERIOLOGY  OF  THE  NEW  TESTAMENT.  By  W. 
 P.  Du  BosE,  M.A.      Crown  Svo.      7s.  6d. 
 
 THE  MESSAGES  OF  THE  BOOKS.  Being  Discourses  and 
 Notes  on  the  Books  of  the  New  Testament.  By  Yen.  Archdeacon 
 Farrar.     Svo.      14s. 
 
 THE  CLASSICAL  ELEMENT  IN  THE  NEW  TESTAMENT. 
 Considered  as  a  Proof  of  its  Genuineness,  with  an  Appendix  on 
 the  Oldest  Authorities  used  in  the  Formation  of  the  Canon.  By 
 C.  H.  HooLE.     Svo.      IDS.  6d. 
 
 THE  SYNOPTIC  PROBLEM  FOR  ENGLISH  READERS.  By 
 A.  J.  JoLLEY.      Crown  Svo.      3s.  net. 
 
 ON  A  FRESH  REVISION  OF  THE  ENGLISH  NEW  TESTA- 
 MENT. With  an  Appendix  on  the  last  Petition  of  the  Lord's 
 Prayer.      By  Bishop  Lightfoot.     Crown  Svo.     7s.  6d. 
 
 DISSERTATIONS  ON  THE  APOSTOLIC  AGE.  By  Bishop 
 Lightfoot.     Svo.      14s. 
 
 THE  UNITY  OF  THE  NEW  TESTAMENT.  By  F.  D.  Maurice. 
 2nd  Edition.     2  vols.     Crown  Svo.     12s. 
 
4  MACMILLAN  AND  CO.  S 
 
 The  New  Testament — continued. 
 
 A  GENERAL  SURVEY  OF  THE  HISTORY  OF  THE  CANON 
 
 OF  THE  NEW  TESTAMENT  DURING  THE  FIRST  FOUR 
 
 CENTURIES.     By  Right  Rev.  Bishop  Westcott.     6th  Edition. 
 
 Crown  8vo,      los.  6d. 
 THE  NEW  TESTAMENT  IN  THE  ORIGINAL  GREEK.     The 
 
 Text   revised   by    Bishop    Westcott,  D.D.,  and    Prof.   F.  J.  A. 
 
 HORT,    D.D.      2   vols.      Crown    8vo.       los.    6d.  each. — Vol.    I. 
 
 Text ;  II.   Introduction  and  Appendix. 
 THE  NEW  TESTAMENT  IN  THE  ORIGINAL  GREEK.     Text 
 
 Revised  by  Bishop   Westcott,    D.D.,  and  F.  J.  A.  Hort,  D.D. 
 
 Svo.      los.  net. 
 THE   NEW  TESTAMENT  IN   THE  ORIGINAL  GREEK,   for 
 
 Schools.     The  Text  revised  by  Bishop  Westcott,  D.D.,  and  F. 
 
 J.   A.  Hort,  D.D.     i2mo,   cloth,  4s.    6d.  ;  Pott  8vo.,    roan,   red 
 
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 GREEK-ENGLISH  LEXICON  TO  THE  NEW  TESTAMENT. 
 
 By  W.  J.  HiCKiE,  M.A.     Pott  Svo.     3s. 
 
 THE  GOSPELS— 
 
 THE  SYRO-LATIN  TEXT  OF  THE  GOSPELS.      By  the  Rev. 
 
 Frederic  Henry  Chase,  D.D.     8vo.     7s.  6d.  net. 
 THE  COMMON  TRADITION  OF  THE  SYNOPTIC  GOSPELS, 
 
 in  the  Text  of  the  Revised  Version.     By  Rev.  E.  A.  Abbott  and 
 
 W.  G.  RusHBROOKE.     Crown  8vo.     3s.  6d. 
 SYNOPTICON  :  An  Exposition  of  the  Common  Matter  of  the  Synop- 
 tic Gospels.     By  W.  G.  Rushbrooke.      Printed  in  Colours.      4to. 
 
 35s.     Indispensable  to  a  Theological  Student. 
 INTRODUCTION  TO  THE  STUDY  OF  THE  FOUR  GOSPELS. 
 
 By  Right  Rev.  Bishop  Westcott.     7th  Ed.     Cr.  Svo.      los.  6d. 
 THE   COMPOSITION    OF   THE   FOUR   GOSPELS.     By   Rev. 
 
 Arthur  Wright.     Crown  Svo.     5s. 
 A  TRANSLATION    OF    THE    FOUR    GOSPELS.      From   the 
 
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 Gospel  of  St.  Matthew — 
 
 THE  GOSPEL  ACCORDING  TO  ST.  MATTHEW.  Greek  Text 
 as  Revised  by  Bishop  Westcott  and  Dr.  Hort.  With  Intro- 
 duction and  Notes  by  Rev.  A.  Sloman,  M.A.    Fcap.  Svo.    2s.  6d. 
 
 CHOICE  NOTES  ON  ST.  MATTHEW,  drawn  from  Old  and 
 New  Sources.  Cr.  Svo.  4s.  6d.  (St.  Matthew  and  St.  Mark  in 
 I  vol.      9s.) 
 
 Gospel  of  St.  Mark— 
 
 SCHOOL  READINGS  IN  THE  GREEK  TESTAMENT. 
 Being  the  Outlines  of  the  Life  of  our  Lord  as  given  by  St.  Mark,  with 
 additions  from  the  Text  of  the  other  Evangelists.  Edited,  with 
 Notes  and  Vocabulary,  by  Rev.  A.  Calvert,  M.A.  Fcap.  Svo. 
 2s.  6d. 
 
 CHOICE  NOTES  ON  ST.  MARK,  drawn  from  Old  and  New 
 Sources.  Cr.  Svo.  4s.  6d.  {St.  Matthew  and  St.  Mark  in 
 I  vol.      9s.) 
 
THEOLOGICAL  CATALOGUE  5 
 
 Gospel  of  St.  Luke — 
 
 THE  GOSPEL  ACCORDING  TO  ST.  LUKE.  The  Greek  Text 
 as  Revised  by  Bishop  Westcott  and  Dr.  Hort.  With  Introduction 
 and  Notes  by  Rev.  J.  Bond,  M.A.     Fcap.  8vo.      2s.  6d. 
 
 CHOICE  NOTES  ON  ST.  LUKE,  drawn  from  Old  and  New 
 Sources.      Crown  8vo.      4s.  6d. 
 
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 Crown  8vo.      3s.  6d. 
 
 Gospel  of  St.  John — 
 
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 CHOICE  NOTES  ON  ST.  JOHN,  drawn  from  Old  and  New- 
 Sources.      Crown  Svo.      4s.  6d. 
 
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 CODEX  BEZAE.     By  F.  H.  Chase,  B.D.     Svo.      7s.  6d.  net. 
 
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 duction and  Notes,  by  T.  E.  Page,  M.A.,  and  Rev.  A.  S. 
 Walpole,  M.A.      Fcap.  Svo.      2s.  6d. 
 
 THE  CHURCH  OF  THE  FIRST  DAYS.  The  Church  of 
 Jerusalem.  The  Church  of  the  Gentiles.  The  Church 
 of  the  World.  Lectures  on  the  Acts  of  the  Apostles.  By 
 Very  Rev.  C.  J.  Vaughan.      Crown  Svo.      los.  6d. 
 
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 ST.  PAUL'S  EPISTLE  TO  THE  ROMANS.      The  Greek  Text, 
 
 with  English  Notes.    By  Very  Rev.  C.  J.  Vaughan.    7th  Edition. 
 
 Crown  Svo.      7s.  6d. 
 PROLEGOMENA    TO     ST.    PAUL'S     EPISTLES     TO     THE 
 
 ROMANS  AND  THE  EPHESIANS.     By  Rev.  F.  J.  A.  Hort. 
 
 Crown  Svo.     6s. 
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 THE  CORINTHIANS.      Greek  Text,   with   Commentary.      By 
 
 Rev.  W.  Kay.     Svo.     9s. 
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 Text,    with  Introduction,    Notes,  and   Dissertations.      By   Bishop 
 
 Lightfoot.      loth  Edition.      Svo.      12s. 
 ST.   PAUL'S  EPISTLE  TO  THE  PHILTPPIANS.     A   Revised 
 
 Text,  with  Introduction,  Notes,  and  Dissertations.      By  the  same. 
 
 9th  Edition.      Svo.      12s. 
 
6  MACMILLAN  AND  CO.'S 
 
 THE  EPISTLES  of  St.  Vsivl—conlifmed. 
 
 ST.  PAUL'S  EPISTLE  TO  THE  PHILIPPIANS.  With  transla- 
 tion, Paraphrase,  and  Notes  for  English  Readers.  By  Very  Rev. 
 C.  J.  Vaughan.      Crown  8vo.      5s. 
 
 ST.  PAUL'S  EPISTLES  TO  THE  COLOSSIANS  AND  TO 
 PHILEMON.  A  Revised  Text,  with  Introductions,  etc.  By 
 Bishop  LiGKTFOOT.      9th  Edition.      8vo.     12s. 
 
 THE  EPISTLES  OF  ST.  PAUL  TO  THE  EPHESIANS,  THE 
 COLOSSIANS,  AND  PHILEMON.  With  Introductions  and 
 Notes.      By  Rev.  J.  Ll.  Davies.      2nd  Edition.      8vo.      7s.  6d. 
 
 THE  EPISTLES  OF  ST.  PAUL.  For  EngHsh  Readers.  Part  I.  con- 
 taining the  First  Epistle  to  the  Thessalonians.  By  Very  Rev.  C. 
 J.  Vaughan.     2nd  Edition.      Svo.      Sewed,      is.  6d. 
 
 ST.  PAUL'S  EPISTLES  TO  THE  THESSALONIANS, 
 COMMENTARY  ON  THE  GREEK  TEXT.  By  Prof.  John 
 Eadie.      Svo.      I2S. 
 
 NOTES  ON  EPISTLES  OF  ST.  PAUL  FROM  UNPUBLISHED 
 COMMENTARIES.  By  the  late  J.  B.  Lightfoot,  D.D., 
 D.C.  L.,  LL.D.,  Lord  Bishop  of  Durham.      Svo.      12s. 
 
 The  Epistle  of  St.  James — 
 
 THE  EPISTLE  OF  ST.  JAMES.  The  Greek  Text,  with  Intro- 
 duction and  Notes.    By  Rev.  Joseph  B.  Mayor,  M.A.    Svo.    14s. 
 
 The  Epistles  of  St.  John— 
 
 THE  EPISTLES  OF  ST.  JOHN.     By  F.  D.  Maurice.     Crown 
 
 Svo.      3s.  6d. 
 THE  EPISTLES  OF  ST.  JOHN.     The  Greek  Text,  with  Notes. 
 
 By  Right  Rev.  Bishop  Westcott.      3rd  Edition.      Svo.     12s.  6d. 
 
 The  Epistle  to  the  Hebrews — 
 
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