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LIBRARY OF
WELLES LEY COLLEGE
PURCHASED FROM
Special Appropriation
DOCUMENTS
ILLUSTRATIVE OF ENGLISH
CHURCH HISTORY
MACMILLAN AND CO , Limited
LONDON • BOMBAY • CALCUTTiX
MELBOURNE
THE MACMILLAN COMPANY
NEW YORK • BOSTON • CHICAGO
ATLANTA • SAN FRANCISCO
THE MACMILLAN CO. OF CANADA, Ltd.
TORONTO
DOCUMENTS
ILLUSTRATIVE OF ENGLISH
CHURCH HISTORY
COMPILED FROM ORIGINAL SOURCES
BY
HENRY GEE, D.D., F.S.A.
AND
WILLIAM JOHN HARDY, M.A., F.S.A.
MACMILLAN AND CO., LIMITED
ST. MARTIN'S STREET, LONDON
1914
(^ k^ /'
M
C).
\
^143 1
jLfl
COPYRIGHT
First Edition 1S96
Reprinted 1910, 191 4
1 ■') ^,
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.
a ^
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 reading.
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.
viii 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 Canons 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' Councils arid 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
DATE
I.
314.
II.
598.
III.
601.
XVI.
6oi.
V.
673-
VI.
680.
VII.
747.
VIII.
787.
IX.
803.
X.
855.
XI.
927.
XII.
943-
XIII.
1072.
XIV.
1075.
XV.
1076?
XVII.
7
XVIII.
1 100.
XIX.
II02.
XX.
II07.
XXI.
II08.
XXII,
1 136.
XXIII.
1164.
XXIV.
1208.
XXV.
I2I3.
XXVI
12x4.
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 Ethehvulf .
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 VII
The Conqueror's Mandate for dividing the Civil
and Church Courts .
William and the Royal 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.
XXXVIII.
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-
LIII.
1534-
LIV.
1534-
LV.
1534-
LVI.
1534-
LVII.
1534.
LVIII.
1534-
LIX.
1534.
LX.
1534?
LXI.
536.
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 o
Appeals .......
The Ecclesiastical Appointments Act, &c.
Act forbidding Papal Dispensations and the
Payment of Peter's Pence
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 .......
CONTENTS
XI
NUMBER
DATE
LXII.
1536.
LXIII.
1538.
LXIV.
1539.
LXV.
1539-
LXVI.
1540.
LXVIl.
1547-
LXVIII.
1547-
LXIX.
1549-
LXX.
1549.
LXXI.
1552.
LXXII.
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-
- LXXXVI I.
1593-
LXXXVIII.
1603.
LXXXIX.
1604.
XC,
1622.
XCI.
1628.
XCII.
1629.
XCIII.
1633-
XCIV.
1633.
PAGE
The First Royal Injunctions of Henry VIII . 269
The Second Royal Injunctions of Henry VIII 275
Act for the Dissolution of the Greater Monas-
teries ........ 281
The Six Articles Act 303
Deed of Surrender of Westminster Abbey . 320
Act against Revilers, and for Receiving in both
Kinds ........ 322
Act dissolving the Chantries .... 328
The First Edwardine Act of Uniformity . . 358
Marriage of Priests legalized .... 366
The Second Edwardine Act of Uniformity . 369
Mary's First Proclamation about Religion . 373
Mary's First Act of Repeal .... 377
The Injunctions of Mary .... 380
Revival of the Heresy Acts .... 384
Mary's Second Act of Repeal .... 385
Elizabeth's Proclamation to forbid Preach-
ing, &c. ....... 416
The Injunctions of Elizabeth .... 417
Elizabeth's Supremacy Act restoring Ancient
Jurisdiction, &c. ...... 442
Elizabeth's Act of Uniformity .... 458
The Advertisements ..... '467
Selection from the Canons of 1571 . . . 476
The Subscription (Thirty-nine Articles) Act . 477
Articles touching Preachers and other Orders
for the Church ...... 481
Act against Jesuits and Seminarists . . 485
The Act against Puritans .... 492
The Act against Recusants .... 498
The Millenary Petition ..... 508
James' Proclamation for the Use of the Book
of Common Prayer . . . . .512
Directions concerning Preachers . . .516
The King's Declaration prefixed to the Articles
of Religion 518
Resolutions on Religion presented by a Com-
mittee of the House of Commons . . 521
The King's Majesty's Declaration to his Sub-
jects concerning Lawful Sports to be used . 528
The Privy Council and the Position of the
Communion Table at St. Gregory's . 533
Xll
CONTENTS
NUMBER DATE
xcv. 1640,
xcvi. 1640.
xcvii. 1640.
xcviii, 1641.
XCIX. T64I.
c. 1641.
CI.
I64I.
CII.
I64I.
cm.
I64I.
CIV.
1642.
CV.
1642.
CVI.
1642-6
evil.
1643.
CVIII.
1649.
CIX.
1650.
ex.
1653-
CXI.
1654.
cxii.
1655-
CXIII.
1657-
CXIV.
1660.
cxv.
I66I.
CXVI.
I66I.
CXVII.
1662.
CXVI 11.
1665.
CXIX.
1670.
CXX.
1673.
CXXI.
1687.
CXXII.
1689.
CXXIII.
1689.
CXXIV.
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 Churcl
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
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 Gallican 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 written.
Adelfius, Bishop of the City Colonia Londinensium (see
this discussed in Bright, Early English Chiirch His-
tory, p. 9).
Sacerdos, Priest ; Arminius, Deacon.
B
2 DOCUMENTS ILLUSTRATIVE OF THE [ii
II.
LETTER OF GREGORY THE GREAT
TO EULOGIUS, A.D. 598.
698. The following extract is taken from a letter in which Gregory tells
Eulogius, Patriarch of Alexandria, of the successful work 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^that^of ^^^^^ ^" ^^^ 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 fnade bishop by the bishops of the Germanics (Ger-
mission . . .
and success maniarum) and with their encouragement was brought on
ofAugus- Yi\s 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
n T i same people, that they seem to imitate the powers of the
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 ^mong 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- ^|^^|. 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. //., p. 57.
[Tr. Bede.]
The First Question of St. Augustine, bishop of the i. Con-
Church of Canterbury : Concerning bishops, on what terms ch^uj-Th
they should live with their clergy ? into how many portions contribu-
are the offerings of the faithful to the altar to be divided ? ^u"uaTrl-
and how is the bishop to act in the Church ? lation of
Gregory, Pope of the City of Rome, answers : Holy ^jergy.^""^
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 ?"^"^j°".^,
•' ' to be divid-
be divided into four portions ; — one for the bishop and ed into
his household, because of hospitality and entertainment ; ^°"^ parts.
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, Augustine
is to live
which, by God's assistance, has been lately brought to the ^^jj^ his
faith — you are to follow that course of life which our clergy,
forefathers did in the time of the primitive Church, when
one of them said anything that he possessed was his own,
ut all things were in common among them.
B 2
4 DOCUMENTS ILLUSTRATIVE OF THE [in
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
cerning ^^ ^^^q same, are there different customs in different
Liturgical '
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
dent selec- custom 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 ^ 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
„ _-. . , 1111 theft from
Gregory answers : You may judge, my brother, by the theChurch.
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 ^g^^g^^^ °
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 good parents do with their ^L^nta*ined
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 which 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 'brothers
■' ' ■' may marry
themselves ? two sisters
Gregory answers : This may assuredly be done ; for "°.* ^^^^
nothing is found in holy writ that seems to contradict it. them.
Augustine's Fifth Question : To what degree may the 5. Con-
faithful marry with their kindred ? and whether it is lawful ^arrk^e
for men to marry their stepmothers and sisters-in-law with a
[cognatis]} ^ moUieror
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
written, ' 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 with 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
crimes. 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 cemmgthe
•^ ° ^ consecra-
be so great a distance between them that they cannot easily tors of a
assemble? ^^'^°P-
Gregory answers : As for the Church of the English, in Consecra-
which you are as yet the only bishop, you can no otherwise K°!? ^ ?"^
ordain a bishop than in the absence of other bishops ; for valid if
when do bishops come from Gaul, to be present as witnesses "^^cessary,
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 difificulty, 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 JJ^turalaml
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 Almighty God for his preservation ?
7. Con- Augustine's Seventh Question : How are we to deal with
BTidslfand ^^^ bishops of the Gauls and Britain ?
Gallic Gregory answers : We give you no authority over the
IS ops. bishops of the Gauls, because the bishop of Aries received
Augustine ,„.... , ,
has no ^^^ P^^l 1^ ancient times from my predecessors, and we are
Gallic not to deprive him of the authority he has received. If it
tion, shall 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
love'and ° ^^ "-^ Gaul, he may also use all his endeavours to assist you,
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 \fnaftdendd\. 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
, , . over the
by authority. British
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 601.
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, Augustine, Gregory, servant of the servants of God. J"^ ^"^
^ ' ° D y J 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 y°^*°^°"'
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 ^uftragans.
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- fPP°^"i^
■' o J bishop for
crated by his own synod and receive the pall of honour York who
from this holy and Apostolic See which, by God's authority, j^ ^^^° *^°
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
601. and enjoy the honour of metropoHtan, because if our Hfe
last we intend, with the Lord's favour, to give him also the
The pri- P^^^' "^^^ ^^ ^^^^ ^^^^ ^^ ^^ Subject to your authority, my
macy of brother, and that after your decease he should preside over
burvis ^^^ bishops he has ordained, but without being in any wise
over all, subject to the Bishop of London. Moreover, for the future,
vour°Hfe ^^^ there be this distinction of honour between the bishops of
only, and the City of London and of York, that he himself take the pre-
a ter t at ^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
w et er of harmonious action : let them arrange these concordantly,
York, is to let them take right views and give effect to their views with-
a e prece- ^^^ ^^^ mutual misunderstanding. But you, my brother,
In any case ^^^^^ ^^'^^ subject to you not Only the bishops you ordain,
let har- and not solely those ordained by the Bishop of York, but
sist^'^You ^^ ^^^^ ^^^ ^^^ priests of Britain, by the authority of our
are to be Lord Jesus Christ, so that from the lips and life of your
to aU^"^^^ ^°^^^^^^ 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.
aut onty. j)^|.g(j |-]^g 22nd 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
which 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,
thesvnod ^^ ^he 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 pointed out ten particulars, Theodore
which I had marked as beincf in a more special manner pi'oduces
*^ ^ ten canons
known by me to be necessary for us, and proposed that all for their
would undertake diligently to observe them, namely : accept-
^ ■' ' ■' ance.
1. That we shall jointly keep Easter Day on the Lord's ^ Date of
Day after the fourteenth day of the moon in the first Easter,
month. 2- Ep^s-
^ copal
2. That no bishop invade the diocese [parochia] ofumits.
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
teries°"^^' ^^o^^steries consecrated to God, nor to take away by
violence anything that belongs to them.
4. Wander- 4. That the monks themselves go not from place to
ing mon s. ^\^^q^ ^^^^ jg fj-gixi one 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^-g ^^.^ 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. exercise 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- affectation 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
sees^^°" ° ^^^ number of bishops in proportion to the number of the
faithful, but we determine nothing as to this point at
present.
10. Con- 10. As to matrimony: that none be allowed to any but
cerning what is lawful. Let none commit incest. Let no one
marriage.
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- *'°^^"^
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 Hve.
VI.
COUNCIL OF HATFIELD, a. d. 680.
The following account of the Council, held by Theodore at Hatfield, 680.
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 stances of
the synod,
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 ^^d place.
14
DOCUMENTS ILLUSTRATIVE OF THE [vi
680.
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
Gtiost are properly and truly a consubstantial Trinity in
Unity and Unity in Trinity ; that is one God in three con-
substantial subsistencies \subsistentiis\ 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 Nicaea 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 680.
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 °j.^^ ^ *^°"*
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- 747.
tification of the place may be. 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 173 1.
[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 [ducikis].
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 J7
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
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 foUo^ •
ready to defend the pastoral charge entrusted to him, and j x^at
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 ^
ind sincere charity, everywhere amongst them perpetually to by all
endure; and that there should be one concord of all amongst J^^^^ias-
ill men of ecclesiastical religion, in word, in work, in judg-
ment (without flattering of any person), as being ministers
Df one Lord, and fellow-servants in one ministry ; that
hough they are far distant in sees, yet they may be joined
ogether in mind by one Spirit, serving God in faith, hope,
md charity, praying diligently for one another, that each
me of them may faithfully finish his race.
3. In the third place they enacted, that every bishop 3- Bishops
1 r Tii-tO visit
hould every year visit his diocese Yparochiafn\ by travelling their
hrough it, going about, and making an inspection into it ', dioceses
C
i8
DOCUMENTS ILLUSTRATIVE OF THE [vii
747.
4. Bishops
are to ex-
hort all
monastic
heads to
observe
rule.
5. Secular
monaste-
ries to be
reformed.
6. Candi-
dates for
ordination
to be
examined.
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. In the fourth article of agreement they have determined
that the bishops do admonish the abbots and abbesses,
within their dioceses, that they be examples of good life,
and take diligent care that those subject to them be regular
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
ability ; 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. It was argued in the fifth place, that it is necessary
for bishops to go to the monasteries (which in these times
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. It is ordained by the sixth decree, that bishops ordain
no monk, or clerk, to the degree of a priest, till they first
make open inquiry into his former hfe, and into his present
probity 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 auenti(fn^^
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 [rectores] be so greedy of worldly labour
as to render the house of God vile for want of spiritual
adornment.
8. Under the eighth head, they admonished priests in- 8. Priests
cessantly to remember to what purpose they are promoted foUow
above others, by Divine ordination ; namely, they that are secular
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
Hfe, may be incited to the service of God.
9. Priests 9. They added next under the ninth head, that priests
dze and ^ in places and districts assigned to them by the bishops
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-
to officiate , ,.,..,.. , .
in a uni- where, m the same way and fashion, m baptizmg, teachmg.
form way. a.nd giving sentence ; and, which is of principal importance.
that their sentiments concerning the belief of the sacrec
ill
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 life 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 tr the service
or confuse the composition and distinction of the sacred simply and
words, by a dramatic pronunciation, but follow the plain JP ^^^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- 7^^? ^^f .'°
•' ^ •'be kept in
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.
And 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 ^^7^"*^^
dedicated to divine service. And let all abbots and priests, Lqrd'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, j-jcigs . 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 what
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
tiondays Litanies, that is Rosjations, be kept with great reverence
to be kept. ' o j r o
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- Jhe
birthday of the blessed Pope Gregory and also the day of 55 q^.^.
the burial of St. Augustine the Archbishop and Confessor gory and
(who being sent to the English by the said Pope, our father to"beVept
Gregory, first brought the knowledge of the faith, the sacra-
ment of Baptism, 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, [^^^^ *° ^^
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-. Jhe
monks and nuns be humbly subject to their superior, regularly observe^
constituted, and lead a quiet life under rule, and without rule and
dissension, and firmly retain those things which are agree- onn^-onri.
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 visrilant inspection in their dioceses, take care that monas- ?!°" ^° ^^^
^ ^ ' that the
teries, as their name imports, be honest habitations of the religious
silent and quiet, and of such as labour for God's sake ; not observe
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 conversantiuni], is hurtful
and prejudicial ; because, by this means, causes of suspicions
among adversaries [adversorutfi] or wicked men not only
arise, but are in fact committed, and spread abroad, to the
bad repute of our [nostrce] 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 ^i. It is ordained in the twenty-first place, that monastics
drunken- and ecclesiastics neither follow nor affect the vice of drunken-
ecclesias- ^i^ss, but avoid 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 intemperately,
but let their entertainments be cleanly and sober, not
luxurious, nor with any mixture of delicacies 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,
hke common tipplers, indulge in drinkings till the canonical,
that is the third hour, be fully come.
sSstics^to 2 2. It was decreed in the twenty-second head, that all
communi- monastics and ecclesiastics, be admonished to keep them-
Qu^^nU^' selves 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 function
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.
25. It was determined under the twenty-fifth head, that fo publish'
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
almsgiv- 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 xmich of those who sing psalms or spiritual songs profitably,
psalm T 1
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
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 humiliation tof 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
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 petsevere 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
^o 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- 000
teries and maintain and find in necessaries. If any have unwarily
apparel of ^q,^q ^]^[^ Igj- 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
bouncTbv regulative decree, that after this synod it be not lawful for
religious clerks, monks, or nuns to dwell any longer in the houses of
profession ggj^yi^j-g ^f^h laymen, but that they go back to the monas-
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
. J J ji between
akm to jealousy, concerning them, their own conscience ecclesias-
within bearing them witness that any such suspicion was [^^^ ^"^
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
likeness of God, should ever venture for a moment to enter-
tain in himself fuel for hatred and envy. And so, that Continual
their accusers mi^ht more certainly avow that they were i"te''ces-
° -' -' sion for
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 aHve ; 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-
their mis- ^-^j^ ^^^ ^^^ p^^j. ggiyes, 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 fe^^^^hthe"''
service; and that the priests of every church who are to faith of the
teach the people be diligently examined by the bishops every ^^ general
year in their synodical assemblies, concerning the faith : so and to be
that they may profess hold and teach the apostolic and ^^^"j""ed
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-
necessity; that all in general know the Creed and the Lord's Baptism,
Prayer; that all who receive children from the font know and the
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 ^^^^ V^°
■^ annual
from the hearts of all offenders as spurious branches are by Councils,
ofood husbandmen. And let every bishop go round his ^"^ to con-
° r '^^^^ visita-
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 exer- diviners, wizards, and sacrilegious ones, and suppress all vices.
cise disci- And let no man affect to feed the flock committed to him
pline.
' 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
^° ThT-^ ^^^ apostle protests (2 Tim. i. i), and as the prophet says (Isa.
ness and xl. 9), that SO he may excel in merit as he does in dignity.
to be true ^.nd that he may not be cramped by fear whilst he is teach-
snepnerds.
ing, let him hearken (Isa. xl. 9). Jeremiah also says (Jer. i. 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 regularly,
nuns to live o y?
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
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 elec-
often happens, religious pastors of approved life be chosen monastic
from among themselves in the Lord to take care of the souls superiors,
committed to them, with the bishop's advice within whose
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 ^ion^^nT"
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
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
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 [Sarabattce 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-
atdre for brate 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 br^ead ^^ ought to be more carefully observed in the Sacrament of
and Christ. Let bread be offered by the faithful, not crusts.
vesse s. s^^ have also forbidden the chalice or paten for sacrificing
Bishops to be made of ox-horn because they {sic) are of blood. We
judo-e ^^^^ ^^^^ 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- be assiduously made for the Church of God, that God and
sionforthe _ . ^ ^, . , , ,
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 1 1. Our address to kings is that they administer their
of kings as government 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 a^^d in de-
fercncc to
the apostle says, ' For me it is a very small thing that ^^^ dio-nity
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
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
kings have wise counsellors, fearing the Lord, of commend- k^"» ^
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 secration
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, ^^"Ss,
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 P^^y^^ ^^
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.
Behaviour
to them
and
the fate of
regicide
clerks.
The re-
sponsibih-
ty of the
rich and
great in
judging.
Of security
and the
just hmits
of taxation.
people ; and let honour be paid him by all, since the apostle
says (i Pet. ii. 17). Let none be guilty of detraction
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,
and being a comrade of Judas shall burn in everlasting fire,
as it is written (Rom. i. 32). The two eunuchs who desired
to kill King Ahasuerus w^ere 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.
13. That the great and rich judge righteously, and accept
not the person of the rich, nor despise the poor, nor decline
from right, nor take bribes against the innocent, but act
according to truth and justice, since the prophet says (Ps.
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.
14. Let fraud, violence, and rapine be abhorred, and let
not unjust tributes be imposed on the Church of God, nor
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, J"0"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^
tne
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 ^i^g^. ^^-
other unlawful persons, as with those that are too near akin, and penal-
as also with alien [alienigencB] 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
•11 • • T-. 1 1 • 1, • . 1 illegiti-
illegitmiate. r or we do not hesitate to call a virgm who macy and
has devoted herself to God, and has put on as it were the ^^^^, ^^^-
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
tural war
rant
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. 16).
Tithes to I?. As to paying tithes it is written in the Law, 'The
be paid in ^^^^^i part of all thy increase,' &c. : ' If thou bring thy first-
accordance ^ ■' ' ■' o J
with Scrip- fruits,' &c. Again by the prophet, ' Bring ye all the tithe
into the store-house,' &c. (Mai. iii. 10) ; as the wise man
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 Lq^^j g^yg ^-q 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- \-^2iWQ. also ordained that equal measure and equal weight
sures to be . ^ ^i o
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
accordance ^^^^^"^ ^^^ ancient patriarchs and prophets pleased God.
with Scrip- Abel the righteous, with a faithful mind offered a vow of
amples^and ^^^^ fatlings, and this was more acceptable to God than
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 787.
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,' &c. (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 wTath,' &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, p°" ° ^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 sa5^s, 'He has marked even the innocent ground
dress .
horse- with 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
to timely prop^et'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. 16), lest death should find any of you unprepared,
penance, ^yj^j^h 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 Hngers 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 kinoj, and Eanbald ^°"stitu-
^ °' tion and
the archbishop, and all the bishops and abbots of the behaviour
country, and the senators and chief men and people of the ^ .?
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 siern 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
&c,, and
their ac-
ceptance
of the
canons.
The
Southern
signato-
ries.
with us the legates of the king and archbishop, that is
Malwin 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 ^^^^"S
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- ^°^offa^^''
dans, 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 ^^^y^^ ^^^
action
St. Augustine with all the dioceses belonging to it, accord- unjust and
ing as St. Gregory the apostle and master of our nation o^-deredre-
^ o y r StltutlOn.
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'fvnod at ^^^^ ^^' October 12, I, Ethelherd, archbishop, with all the
Cloveshoo twelve bishops subject to the holy see of the blessed
of^Canter- -^^gustine, 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 manifest signs of
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.]
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 different forms, of which there are
various manuscript and printed copies. They are all collated by
Birch in his Cartularium 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. Reg., Rolls Series, i. 170.
[Tr. Brit. Mus. MS. Reg. 13. D. ii. f. 28.]
In the perpetual reign of our Lord, whilst in our times in pros-
fby reason ofl the flames of wars, and spoiling of our CToods, P^ct ot
v J J 7 r- o o J commg
and also the most cruel pillaging of devastating foes, and dangers,
manifold troubles from pagan and barbarous peoples, we ^^"S'
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 ?and ^^ 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, SO that they may the more diligently pour forth
their prayers without ceasing to the Lord for us, because we
prayers in ^ -^ 7 . . .
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
e o ere . ^^ 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.
PIace,date, Now this charter of gift was written in the year of the
and con- Lord's Incarnation 814 {see introduction), in the fourth
firmation ^ ^ '^
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 royal injunction by King Athelstan concerning the pay- 927.
ment of tithes. It is discussed by Lord Selborne, Ancient Facts and
Fictions, &c. pp. 183, &c., where the text is given as below. C/.
Thorpe's Ancient Laws, 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 and others
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 tureTre'.
to thee tithes and sacrifices of peace ' ; and how Moses cept.
spoke in God's law : ' Thou shalt not dfelay 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 ^ue^are to
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 wiUing 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
authority. And do ye also so, that you may give to me
my own, 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.
The king
demands
and pro
XII.
943.
That the
Church
be not
oppressed
or taxed.
cf. Am-
brose ?
SELECTIONS FROM THE CONSTITUTIONS
OF ODO, A.D. 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 Lives of the Archbishops, i. 369.
[Tr. Cotton MS., Vesp. A. 14, f. 173 ; cf. Wilkins, i. 212.]
I. We charge and command that the holy Church of
God which was at the first founded by the blood of Christ,
and by the multitude of the faithful has been arrayed as
a 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^ ^
^ 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 f^^^^^ ^^^^
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 fg^oj-g^"^^
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 3
52
DOCUMENTS ILLUSTRATIVE OF THE [xiii
1072.
Lanfranc
ends the
dispute.
Thomas
cannot
prove his
case.
Augus-
tine's au-
thority was
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 liberality, 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 "^^^^ °f.
evangeliza-
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 ^Jj°^^^ ^^^'^
thy successors." As it is, the omission detracts nothing rity went
from the reverence due to Peter's successors. Will you ^° ^^^ ^"^'
•' 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 [xiii
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.
r. 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
XI v] 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, Winchester 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- vlua^e^sees
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, J^ ..
save bishops and abbots, without leave from the metropolitan.
56
DOCUMENTS ILLUSTRATIVE OF THE [xiv
1075.
6, Pro-
hibited
degrees.
7. Simony.
8. Charms,
magic, Sec.
9. Judges
in capital
offences.
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-
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 excommunicated 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.]
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 (iV. C. iv. 433).
[Tr. J. A. Giles' Patres 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 ^^^ duke of the 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 donebymy
DrcdccGS"
in the matter of the money which my predecessors were wont ^^^^
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^rmerlv
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 ^e\ent^
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
\_pr(B omnibus\.
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 Institutes, i. 495, and Stubbs, 5. 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, f°^ niend-
° 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-
S13.StlC3.1
causes to deacon do hereafter hold pleas of episcopal laws in the
be sepa- Hundred, nor brinsr a cause to the iudsiment of secular
rated. ' & j t?
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- i f ^
cidedatthe or crime, and not according to the Hundred but according
bishop's ^Q ^}^Q canons and episcopal laws, and let him do right to
discretion tr tr ■> o
according God and his bishop. But if any one, being lifted up with
to Church pnde, refuse to come to the bishop's court, let him be sum-
moned three several times, and if by this means, even.
Contempt ^^ come not to obedience, let the authority and justice of
to be penal, the king or sheriff be exerted ; and he who refuses to come
to the bishop's judgment shall make good the bishop's law
\emendabit legem episcopalefn\ for every summons. This
Further ^00 I absolutely forbid that any sheriff^ reeve, or king's
emphasis minister, or any other layman, do in any wise concern him-
separation ^^^^ ^^^^ ^^ ^^^^ 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, HisU Nov. i. 6. There
is nothing to guide us as to the exact date.
[Tr. Eadmer, Rolls Series, p. lo. 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 i. As to
dominion to acknowledsre as apostolic the pontiff of the f cknow-
or i ledging
City of Rome, save at his own bidding, or by any means to the Pope,
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, ^f^baronT"
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. The 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,
S. 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 King William is dead, and ^^^^ ,
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.
3. That archdeaconries be not let to farm. 3- Arch-
ciG3.coriri€^s
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^^ °^ *^^
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.
9. That no clerks at all be the agents or proctors of9-i3-Con-
, 1.1 /-111 <^i^ct and
secular men, nor be judges of blood. dress of
10. That priests go not to drinking bouts nor drink to clerks,
pegs^ [adpinnas].
' Cf. Bishop Stubbs, Mem. 0/ St. Dunstan, Rolls Scries, Pref.
p. cviii.
62
DOCUMENTS ILLUSTRATIVE OF THE [xix
1102.
14-17.
Church
property.
Tithes.
18-22.
Monastic
restric-
tions.
23-30.
Various
restric-
tions.
26. Burial
of parish-
ioners.
11. That the apparel of priests be of one colour, and
their shoes as ordered [ordinata].
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 [77iiHtes\ 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 \vinas] 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 r^^^"^^
people, or springs, or anything 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 -^bomm-
° ' "^ . able
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/!WiIkins,
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 ^r^ '^^scus-
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
absence ^ bishops 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
kin<^ gives ^^^ ^^^§ °^ ^^Y ^ hand ; Anselm also agreeing that no
up lay in- one elected to a prelacy should be deprived of consecration
(2) Anselm ^^ ^^^ office undertaken on the ground of homage, which
concedes he should make to the king. After this decision, by the
no barlo^ 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.
tion.
XXI.
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. jiyg in chastity, and have no women in their houses, save
those very closely related to them, as the holy Nicene
Council defined.
xxi] HISTORY OF THE ENGLISH CHURCH 65
2. Those priests, deacons, and subdeacons, who after 1108.
the prohibition of the London Council have retained their Entire
women, or have married others, if they wish to celebrate ^'^o^^^e,
decreed,
mass after this, shall put them away from themselves
entirely [facient 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 "^o^f^^^^^^
two lawful witnesses.
4. And if any of them have been accused of breaking Purgation
of ofl"
ders.
this statute, by two or three lawful witnesses, or public °^ °^^"
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 ^^ refusal,
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 ^1^^^^"°^
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 nj^ance.
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^^^^jj" g^
F
66
DOCUMENTS ILLUSTRATIVE OF THE [xxi
1108.
who re-
turn.
Confisca-
tion for
further
offence.
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.
XXII.
1136.
The
Church to
be free.
Simony
prohibited.
Bishops'
authority
over eccle-
siastical
persons,
&c.,
allowed.
Ancient
church
privileges
and pro-
perty
recognized
within
limits.
SECOND CHARTER OF STEPHEN, a.d. 1136.
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,
S. 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 effects, and the distribution of
ecclesiastical goods to be in the hands of the bishops. Tht
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 ahve 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 1136.
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. J"^*^^?
I reserve for myself the forests which William my grand- Forest
father, and William my uncle established and had. All the regula-
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 sidJ^^^^b'
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 ^ '^°^ °^ ^^"
[meschemngas] 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 royal 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
1136, 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. 1164.
1164. 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, S. C. 137.]
This defi- In the year 11 64 from our Lord's Incarnation, the fourth
mlnt^ofthe °^ ^^^ pontificate of Alexander, the tenth of Henry II,
customs, most illustrious king of the English, in the presence of
j.^'' ^^ the same king, 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 ^j^g realm. And owing to strifes and dissensions which had
between °
the dis- taken place between the clergy and justices of the lord the
putmg \i\ns 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 116'4-
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 of Pf ^^^^^^'J^f^
Eu, Roger Earl of Clare, Earl Geoffrey de Mandeville, nobles and
Hugh Earl of Chester, William Earl of Arundel, Earl °^^^^^'
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, chapters
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 ^^ ^° ^^'
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 ^^^- .
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 accused
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^qj. 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
cermng \Qg2l accusers and witnesses in the presence of the bishop,
a!>-ainst 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 vicineto] 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 j^jg demesne officers are to be excommunicated, nor the
cation of
tenants in lands of any one of them to be put under an interdict
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 ° ^PP^^ ^
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 j? '° ^Ij?
•^ J r y 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 10 Spirit-
demesne manor of the lord the king, be cited by arch- "^^ rova"'^^^
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 cerning
who hold of the king in chief, have their possessions from clerical
the lord the king as barony, and are answerable therefor ^j^-^f
72
DOCUMENTS ILLUSTRATIVE OF THE [xxiii
1164.
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
limb, or death.
12. When an archbishopric or bishopric is vacant, or
any abbey or priory of the king's demesne, it must be m
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 king.
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 \rusticoruni\ 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
xxiv] 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 Condu-
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 \episcopus\ &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 j. 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 servkes.
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
nfon *° people have been wont to visit for the sake of prayer, admit
teries. pilgrims inside the church for prayer, not by the greater
V. Dedica- door, but by a more secret place. Let church doors remain
fesUvals ^^^^ ^^^^ ^^ ^^^ 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
of bantism ^^^ usual manner with old chrism and oil inside the church
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
viii. Crimi-
nals, confessed in 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. ^^^ their own hours and prayers in private. Priests may
X. Sunday on Sunday bless water in the churchyard and sprinkle it ;
functions. ^^^ ^^^ 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
si^k ^8c ^ 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, S. 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, JJ^c^ 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^'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 ^"^ ^^"^'
Innocent and his catholic successors, the whole realm of pope Inno-
England and the whole realm of Ireland with all their ^^^^>
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 ag^^feu^jjal
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 realms aforesaid, for all service and custom that we should
looomarks render for ourselves, saving in all respects the penny of
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
petuity 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
oaSfof ^ Ireland, from this hour forward will be faithful to God and
fealty to the blessed Peter and the Roman Church, and my lord
and Ms ^ 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- "j^^^^j^^^
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, ^^^
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 we 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 Almighty 1214.
God and our own. These being witnesses : Peter, bishop ^11 action
of Winchester, &c. (here follow twelve barons.) Given by tj-ary being
the hand of Master Richard de Marisco, our chancellor, at repro-
bstcd
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^i*'
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, u^Jj^ ^^^
primate of all England, and cardinal of the Holy Roman clerical
Church, Henry, archbishop of Dublin, William of London, ^^^^Jf^ ^1^^
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
Chf °^h^^f ^y ^^^^ ^^^ present charter, for us and our heirs for ever,
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
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 of
election more necessary for the Church of England, we have by our
already mere and spontaneous will, before the beginning of the
discord between us and our barons, granted and confirmed
by our charter, and have had it confirmed by the lord the
Pope Innocent III, which we will both observe and will
as also the that it be observed in good faith by our heirs for ever. We
general \i2i\Q also granted to all free men of our realm for us and
all free our heirs for ever, all the liberties mentioned below, to have
men as and to hold for them and their heirs of us and our heirs.
stated in
* [§§ 2-62 refer to secular matters. See Stubbs, S. C. pp. 297-305.]
Final con- 62,. Wherefore we will and firmly command that the
ofSr^^°" English Church be free, and that the men in our realm
liberties have and hold all the aforesaid liberties, rights, and grants,
aforesaid ^^jj ^^^ -^^ 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
oath. i2,\th. 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.v>. 1237,
should here follow. On account of their great length they are omitted froni.
these pages, but will be found in Wilkins (i. pp. 649-6561. The Canons
of Oitobon, 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, It is 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 rehgious men should not enter Jeiigious^
into the fees of any without Hcence and will of the chief men should
lords, of whom those fees be holden immediately ; and 1" nds with-
notwithstanding, religious men 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 ^^^'j"j
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, i^^^ shall
earls, barons, and other our subjects, being of our council, be alien-
have provided, established, and ordained, that no person, ^ ^^ .
religious or other, whatsoever he be, presume to buy or sell upon pain
any lands or tenements, or to receive them under the °gjj.°|^g
colour of gift or lease, or any other title, whatsoever it
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 ag^ainst
entry by an . * , •' , °
immediate this Statute, it shall be lawful to us and other chief lords
chief lord ^f ^^^ fee immediate, to enter into the land so alienated,
on land so
alienated, within a year from the time of the alienation, and to hold it
in fee and inheritance.
Who shall And if the chief lord immediate be negligent, and \\\\\
benefit of "^^ enter into such fee within the year, then it shall be
the forfei- lawful to the next chief lord immediate of the same fee
nSiWnt'^ ^° enter into the same land within half a year next follow-
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,
e au 1 1 e ^yjj-j^ij-^ ^]^q fQ^j- seas, and not imprisoned, be negligent or
slack in this behalf for one year, w^e, 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^ statute to be read before you, and from henceforth
statute
ordered, to be kept firmly and observed. Witness the king at West-
minster, the isth 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 Examinatur per rotulum. 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 shouMnot
of Norwich and his clergy, in not punishing them if they affect
shall hold pleas in the Court Christian concerning those spiritual
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
docu?nent from ivhat follows, which is a series of questions
subffiitted to the king, with his ansivers thereto.
Also if a prelate impose a penalty for not enclosing Query— as
a churchyard, leaving the church uncovered or without ^°^ arches
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, ^s to
provided the fourth part of any church be not demanded, offerings ;
Also if a rector demand a mortuary in places where as to mor-
a mortuary has been usually given. tuanes ;
Also if a prelate of any church demand a pension from ^f '° P^"'
sions;
the rector as due to hmi : — all such demands are to be
made in the ecclesiastical court.
G 3
84 DOCUMENTS ILLUSTRATIVE OF THE [xxix
1285. Concerning laying violent hands on a clerk, and in case of
^? 5° ^ defamation, it has been granted formerly that pleas thereof
violence to ' ° j f
a clerk, may be held in the Court Christian, provided money be not
defama- demanded : but proceedings may be taken for correction of
tion, and . o /
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 cog- prohibition notwithstanding, although it be put forward.
nizable in Wherefore laymen generally obtain a prohibition for tithes,
siastical " oblations, mortuaries, redemptions of penances, laying
court, and violent hands on a clerk or a lay-brother, and in case of
m-oh?bition 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^ro-~ ^^ tithes, obventions, oblations, and mortuaries, when pro-
hibition in ceedings are taken, as is aforesaid, there is no place for
Shes°&c P'^ohibition. 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-igin in the right of patronage, and the quantity of
C3SCS Ol
right to these tithes exceeds the fourth part of the church, the
lithe 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
penance ^^^ place, if the money is exacted before prelates.
but not in ^^^^ ^^ ^^y °^^ ^^^^^ ^^X violent hands on a clerk, amends
cases of must be made for a breach of the peace of the lord the
rderk^ ° ^i'^'^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, or in de-
° ^ oj o 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, S. C. p. 484,
(1) Sunwions of the Archbishop to a great Coimcil.
Edward, &c., to the venerable Father in Christ, Robert, Weighty
by the same grace archbishop of Canterbury, primate of ^"^^nds
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 a^Pariiaf
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) Suvimons of the Archbishop and Clergy to
Parlia77ient.
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 co'"'"°"
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
^^^"^ r aware, and it is now, we believe, spread abroad through
aware oi
the nefari- all the countries of the world, how that the King of France
ousdesigns j^^g 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
^Ter?- injure, and your interest, as that of all other your fellow-
presenta- citizens in the realm, is at stake herein, we command you
clS-^ ^^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 \_prce??iumentes] 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 and 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 mutatis 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 carr3nng on of wars
so largely at the expense of the clergy. As a consequence of it, the
clergj', 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 monej' 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 having de-
very hostile to clerks antiquity relates, which too the expe- taxes, &c.,
riences of the present times manifestly declare, whilst not ^1'°"^. ^<;^'^'
^ "^ 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 ^^^^"<^s
^ ' having
no alarm, seeking transient peace, fearing more to offend been often
the temporal majesty than the eternal, acquiesce in such f^°^^'^^
abuses, not so much rashly as improvidently, authority or fear,
licence 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- relipfious or secular, of whatsoever orders, condition or
siastics °
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, qj. g^j^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,
who exact by whatsoever names they are reputed, of cities, castles,
the same, qj. ^ny places whatsoever, wheresoever situate, and all others
whatever ^ , , . i i n •
rank they of whatsoever rank, pre-emmence 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 ^j^^j ^Iso all who knowingly give aid, counsel, or favour,
favoursuch , , . ,,. ^ .,, ,.
demands openly or secretly, m the thmgs aforesaid, by this same
are all should incur sentence of excommunication. Universities,
hereby ex-
communi- too, which may have been to blame in these matters, we
cated. subject to ecclesiastical interdict.
All acqui- The prelates and ecclesiastical persons above mentioned
^he^Dart of ^^ Strictly command, in virtue of their obedience, and
ecclesias- under pain of deposition, that they in no wise acquiesce in
vofvrex-"' ^^^^ things without express licence of the said see, and
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 any 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 ^"^^ ^^""
1 • • 1 1- tence 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 "utigated
1 -111 r 1 111 • S2CVC at
such a terrible abuse of secular powers should not in any- death or by
wise pass under dissimulation, any privileges whatsoever special li-
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/"^""'"?^
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.
THE BARONS' LETTER TO THE POPE FROM
LINCOLN, A.D. 130L
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 J^^
T-.. . . , . Roman
Divine Providence supreme pontiff of the Holy Roman Church
Church, his devout sons [then follow the names of 104 earls "dually
acts for the
and barons] devoutly kiss his blessed feet. The holy Roman best in-
go 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 believe 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
lettS-^n serene lord Edward, by the grace of God the illustrious
read causes king of England, at Lincoln ; our same lord caused certain
fts^de ^^ ^ letters apostolic, which he had received, written on your
mandscon- behalf, upon certain matters touching the condition and
cerning ggtate of the kingdom of Scotland, to be published and
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
never |-]^g^j. j-galm, as well in the times of the Britons, as of the
owned the . .
suzerainty English \_Angloriim\ have had the superior and direct over-
of Rome, lordship of the realm of Scotland, and have been, at succes-
but only of . ,
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.
Nor did the Neither did the kings of England answer, nor ought
English ^|^g„ |.Q answer, concerninsr their rights in the aforesaid
kings re- •' ° , . . , . , ^
cognize kingdom, or other their temporalities, before any judge,
foreign ecclesiastical or secular, by reason of the free pre-eminence of
lordship. . . .
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 refused
future, God willing, will be steadfastly observed ; — that our both now
aforesaid lord the king, for the rights of his kingdom of ^^^^^^^^
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 ^^^l J-qj.
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 hohness 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 by
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 reh'gious persons, and other i307.
servants in the said houses and rehgious places, are their
oppressed by such tallages, payments, and impositions, the ^j.^ j.^
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
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 ^^^^^. °'*
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 fo°emedv
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 rehgion he be, f^ monas-
being under the king's power or jurisdiction, shall by himself, terieswith-
or by merchants or others, secretly or openly, by any device y^\^„^^
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 ^ °"^j ^^^
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
coun*tr f r ^^untry for visitation, or upon any other colour, by that
visitation means, carry the goods of their monasteries and houses
"ood?^^^ out of the kingdom and dominion aforesaid. And if any
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.
No imposi- Moreover, our aforesaid lord the king inhibits all and
t'°"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 ^^ ^^y t\TCi& 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^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
. - • 1 • re r °^ alien
ances and statutes aforesaid, from executmg their oiiice or religious
visitation in his kingdom and dominion : but they may visit houses
° . may visit
at their pleasure, by themselves or others, the monasteries their in-
and other places in his kingdom and dominion in subjection Jeriors in
,• , -1 c ^ ■ ai • -L. England in
unto them, according to the duty of their office, in those matters of
things only that belong to regular observance, and the discipline,
discipline of their order.
Provided, that they which shall execute this ofifice of But these
visitation, shall carry, or cause to be carried out of his s|fa\\°not
kingdom and dominion, none of the goods or things of carry any
such monasteries, priories, and houses, saving only their ^j.°pg^j.j^
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^^n ^'
certain causes since the last Parliament, holden at Carlisle publishing
on the octave of St. Hilary, in the five-and-thirtieth year of ^^^l^l^ ^'
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 ^^^^ j^j^^ ^
shall be punished, as is aforesaid. «ext.
96 DOCUMENTS ILLUSTRATIVE OF THE [xxxiv
XXXIV.
THE ARTICULI CLERI OF a. d. 1316.
1316. Question having arisen with regard to the limits 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
m ^^ 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-
gnevances. a^ces. 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 nmth year of our reign, we caused the articles
Parliament underwritten, with certain answers made to some of them
and redress heretofore, to be rehearsed before our council, and caused
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
shall be ^" tithes, oblations, obventions, mortuaries, when they are
granted propounded under these names, the king's prohibition
money ts^ has no place, even if for the long withholding of these
XXXI v] HISTORY OF THE ENGLISH CHURCH 97
they come to a pecuniary settlement of the same. But if 13I6.
a clerk or a relisrious man sells his tithes, beins; 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 [•fhes°com-
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 °"^* ^^^'
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 {repefi) 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- "o^^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, J^ere^
the king's prohibition issues in this form : ' Quia de molen- tithe is
dino tali hactenus decimae non fuerunt solutae, prohi- ^"^^" ^
H
98
DOCUMENTS ILLUSTRATIVE OF THE [xxxiv
1316.
of a new
mill.
6. Where
a suit may
be com-
menced
both in a
spiritual
and tem-
poral court.
7. The
king's
letter sent
to dis-
charge one
excommu-
nicated.
8. Privi-
lege of
the Ex-
chequer.
Clerks in
the king's
service
shall be
corrected
by their
ordinaries.
bemus, &c. et sententiam excommunicationis, si quam hac
occasione promulgaveritis 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.
Also if any cause or matter, the knowledge whereof be-
longs to a court spiritual, and shall be definitively deter-
mined before a spiritual judge, and pass into a judgment,
and shall not be suspended by an appeal, and afterwards,
if upon the same thing a question is moved before a tem-
poral 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.
Also the king's letter is directed to ordinaries that have
involved those that be in subjection to them in the sentence
of excommunication, that they should assoil them by a cer-
tain day, or else that they should appear, and show wherefore
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.
Also barons of the king's Exchequer — claiming by their
privilege that they ought to make answer to no complaint
out of the same place — extend the same privilege to clerks
abiding there, called to orders or to residence, and inhibit
ordinaries that by no means or for any cause, so long as
they be in the Exchequer or in the king's service, shall
they call them to judgment. The answer : It pleases our
lord the king, that such clerks as attend in his service, if
they offend, shall be corrected by their ordinaries, hke 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
residence
used that clerks, who are employed in his service, durmg
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 ^^igW not
sometimes take the rector's beasts in the king's highway, be taken in
where they have nothing but the land belonging to the ^^^ '^^j!
Church. The answer : The king's pleasure is, that from in the
henceforth such distresses shall neither be taken in the f "^g q" j^e
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 j^^^ ^^'^
enemies, do pursue them, and they are taken from the realm shall
king's highway, and are hanged or beheaded, and whilst ^hibfu^ev
they be in the church are kept in the churchyard by be in the
armed men, and sometimes in the church, so straitly, •nth'^hi^h-
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
hou" es ^^^^ ^^ ^^^ realm, do not charge religious houses, or spiritual
shall not persons, for corrodies, pensions, or provisions in religious
'th ^^^^ houses, 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 aforesaid. 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
^h-^V T ^^^^^ ordinaries out of the parish where they continue, and
communi- they be excommunicated for their manifest contumacy, and
cated, are ^^^^^ ^^^^^ ^^yg ^ ^j.j|. g^gg ^qj-j.]^ |.q ^^}^q them, they pretend
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- ^.j^g j^jj^g presents to benefices of the Church, if the bishop
clerk will not admit them, either for lack of learning or fcr 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 m- There
made, it is prayed that the electors may freely make their J^.^^^ ^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 i5- A clerk
, . fleeino- to
a temporal judge, nor anything done against him that ^j^^ <,j^uj.ch
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
[i?idirecie] 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
that is not lawful judge thereof, is not sufliicient whereon ^f j^e
process may be awarded, or sentence given ; yet some Church
temporal judges with respect to clerks — who m this benalt manded by
are not of their jurisdiction — confessing before them their the ordin-
heinous offences, such as theftSj robberies, or murders, do not'be
102 DOCUMENTS ILLUSTRATIVE OF THE [xxxiv
1316. admit them to an accusation against others, which such
cferkthat^ J^^S^^ call an appeal \appellu7i{\, and do not, after the
has con- premises, deliver them, so confessing, accusing, or making
felony 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 103
XXXV.
THE FIRST STATUTE OF PRAEMUNIRE,
A.D. 1353.
27 Edward III, stat. 1.
The enactment of a Statute of Provisors in 1351 {vide aute, p. 102, 1353.
note) 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 realm 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 ^<^"^P^aint
°' •' that man}'
grievous and clamorous complaints of the great men and have been
commons aforesaid, how that divers of the people be, and ^rl^f ^ °^'
have been drawn out of the realm to answer for things, realm to
whereof the cognizance pertains to the king's court ; and ^"^w^^
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 ^^^ ^^^^^
common law of the same realm at all times used. there given
Whereupon, good deliberation being had with the great are else-
men and others of his said council, it is assented and peached.
104 DOCUMENTS ILLUSTRATIVE OF THE [xxxv
1353. accorded by our lord the king, and the great men and
Those so commons aforesaid, that all the people of the king's alle-
of the' giance, of whatsoever condition they be, which shall draw any
realm, or gut of the realm in plea, whereof the cognizance pertains to
impeach- , , • , r ^ • ^ r • ■, 1 •
ing, to the kmg s court, or of thmgs whereof judgments be given m
answer the king's court, or which do sue in any other court, to defeat
before the . , , . i • • i i • , in
king in 0^ mipeach the judgments given in the king s court, shall
council. 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.
Penalty And if they come not at the said day in their proper
e au . pgj-gQj^g 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-
Appear- prisoned, and ransomed at the king's will : And upon the
ancewith- s^me a writ shall be made to take them, by their bodies,
m two ' •' '
months and to seize their lands, goods, and possessions, into the
will save ]jing's hands ; and if it be returned that they be not found,
Appear- they shall be put in exigent, and outlawed.
^^^ ?^ *^^ Provided always, that at what time they come before they
after two be outlawed, and will yield themselves to the king's prison
months j.q ^q justified by the law, and to receive that which the
will save J J }
his out- court shall award in this behalf, that they shall be thereto
lawry, but received : the forfeiture of lands, goods, and chattels abiding
not his ' 7 o 7 o
lands or in force, if they do not yield themselves within the said two
goods. 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. 1 16.]
Gregory, bishop, servant of the servants of God, to our England,
venerable brethren the Archbishop of Canterbury and the o^^e ^am-
^ •' ous for
Bishop of London, greeting and apostoHc blessing. The faith, holy
realm of England, so glorious for its power, and the abun- learning
° ' *^ r J gjj^ 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 suffer any error to arise that might infect their sheep,
but if tares did spring up from the sowing of the Enemy of
io6
DOCUMENTS ILLUSTRATIVE OF THE [xxxvi
1377.
has now
sadly
changed,
and her
prelates
fail to de-
fend the
faith,
especially
against the
errors of
Wycliffe.
These
errors he
has im-
bibed from
abroad, and
they are
disastrous,
and ought
to be
checked
by the
careless
bishops.
man, they forthwith plucked them up, and so the pure grain
grew continually, meet to be stored in the Lord's garner.
But alas it now is clear that in this selfsame realm, watchful
by office but careless through negligence, they do not com-
pass the city, whilst enemies enter into it to prey on the
most precious treasure of men's souls ; whose sly entries
and open attacks are noted in Rome, though at a distance
so far 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,
rector of the church of Lutterworth in the diocese of Lincoln,
professor of the sacred page — would he were not a master of
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
stability of the entire Church (and of which some, albeit with
certain change of terms, appear to breathe the perverse
opinions and the unlearned doctrine of Marsilius of Padua
and John of Jandun, of condemned memory, whose book
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
neghgently with a certain connivance, ought to be covered
with due shame, to be full of compunction, and to feel the
sting of your own consciences. Wherefore we — being un-
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 pQj-ted at
shall state or write upon the allegation and proof of the Rome,
same propositions and conclusions, 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 \yincuHs] 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 ^^f exemij-
Apostolic See presume to summon any persons beyond tion not-
one day's journey from the hmit of their diocese,' and J^^^^^^^^^'
concerning two days' journey, in a general council, and ever
exemptions, and other privileges, constitutions, and apos- S^ante .
tolic 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. Ziz. 277-282 (Rolls
Series).
[Tr. Rolls Series, /. c, printed from Courtney's Register."]
Heretical conclusions repugnant to the Church! s
determination,
1-6. Here- I. That in the Sacrament of the altar the material sub-
sies alleged stance of bread and wine remains after consecration. 2.
concerning
the Mass. That accidents remain not without a subject in 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 ^-^^^^f^^
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 v^^ 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 ChurcJis
determination.
II. That no prelate ought to excommunicate any unless 11-14.
he first knows that he is excommunicated by God. 1 2. That j^^^ ^
if he excommunicates he is thereby a heretic or excommu- concerning
nicate. i x. That a prelate excommunicating a clerk who ^^'^°"^'""'
Of & nication.
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 ^iie^e^fj ^s
of the Apostolic See, or a catholic bishop, or sonie other to juris-
[authority] sufficiently sure. 16. To assert that no one is 4^^^°^'
civil lord, bishop, or prelate while he is in mortal sin. rights of
17. That temporal lords can at their will take away tem- P^^P^^^'^'
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
fV^rs^' ^ 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.
Wilkins, 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
Concern-
ing the
riTTf^st' or
certain Canterbury, primate of all England, informed us by his
persons petition, exhibited to us, that very many conclusions con-
preaching ^ , , . 1 . , , ,. .
against the trary to sacred doctrme, and notoriously redoundmg to the
Catholic subversion of the Catholic faith and the Holy Church and
Church. . . ,. , . , . , . r • t
his provmce, m divers places within the province aforesaid,
xxxviii] HISTORY OF THE ENGLISH CHURCH iii
have been openly and publicly, yet damnably, preached, of i384.
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 — supplication 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 da3'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
the Statute our lord the king that now is, at his Parliament holden at
sors of 25 Westminster on the Octave of the Purification of our Lady,
Edw. III. the 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 g^^^.^^^
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 \^founde] 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 P''°*^^^
r b ^ > ) ings in
his said realm, and their ancestors, to inform them and the Parlia-
people of the law of God, and to make hospitalities, alms, "l^£^'^ I
and other works of charity, in the places where the churches
were founded \fonduz,foundes\ for the souls of the founders. Origin and
.1 • 1 • 1 11 ^1 • • 1 • • purpose ol
their heirs^ and all Christians ; and certain possessions, as religious
well in fees, lands, rents, as in advowsons, which extend to founda-
tions.
I
114 DOCUMENTS ILLUSTRATIVE OF THE [xxxxi
1090. a great value, were assigned by the said founders [foundors]
to the prelates and other people of the Holy Church of the
Voidances said realm, to sustain the same charge, and especially of the
sentments 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
En^-^H^lf 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, y^nced ; the pope of Rome, accroaching [accrochani] 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
suhS ^"' ^^ suffered, there would scarcely be any benefice within
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 1390.
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 damages in the same realm from ^^^i,"^'.''
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. 1
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 ^^^^^ *.^®
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. remedy and law, for the removing of the mischiefs and
damages which thereof ensue, that it may please him to
ordain remedy therefor.
The causes Our lord the king, seeing the mischiefs and damages
^on ^^f before mentioned, and having regard to the said statute
making made in the time of his said grandfather, and to the causes
this pre- contained in the same: which statute holds always its
sent sta- ^ •'
tute. 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 Parliaments 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
Elections his realm, has ordered and established : that the free
^^.^^9. elections of archbishops, bishops, and all other dignities and
of the benefices elective in England, shall hold from henceforth
? n'^h^ in the manner as they were granted by the king's progeni-
free, as tors, and the ancestors of other lords, founders.
they were ^^d that all prelates and other people of Holy Church,
founded. ,.,, , r ^ r- rii-5-r
^ „ . which have advowsons of any benefices of the kmg s gift, or
and pre- of any of his progenitors, or of other lords and donors, to
sentations ^^ divine service, and other charges thereof ordained, shall
shall be . ' °
free. have their collations and presentments freely to the same,
in the manner as they were enfeoffed by their donors. And
Where the in case that reservation, collation, or provision be made by
pope pro- ^\^Q court of Rome, to any archbishopric, bishopric, dig-
vides the
king shall nity, or other benefice, in disturbance of the free elections,
present. 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 sion^°o^
disturbance of free election, our sovereign lord the king, religious
and his heirs, shall have, for that time, the collation to give ^q ^en^-^
this dignity to a convenient person. And in case that colla- fices of the
tion, reservation, or provision be made by the court of oft^r^^"
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 ^yhen
^ 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 °/" ^^^'^
^ ^ "^ . the parties
same benefices, present or make collation ; and that their themselves
presentees may enjoy the effect of their collations or present- pi"esent.
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.
Presenta-
tion by
king in
default of
patrons.
Penalty for
disturb-
ance by
provisors.
Imprison-
ment on
conviction.
Surety
against
further
attempts.
Outlawry.
The king
shall take
Other benefices of Holy Church which pertain to the
same houses. And if such advowees do not present to
such benefices within the half-year after such voidances,
nor the bishop of the place give the same by lapse of
time 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.
And in case that the presentees of the king — or the
presentees of other patrons of Holy Church, or of their
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
answer ; and if they be convicted, they shall abide in prison
without being let to mainprize or bail, or otherwise delivered,
till they have made fine and ransom to the king at his will,
and satisfaction to the party that shall feel himself grieved.
And nevertheless before that they be delivered, they shall
make full renunciation, and find sufficient surety that they
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
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.
And that in the 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 ^^e 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 ^"i^h the
against all them which have not yet obtained corporal Edw. Ill,
possession of the benefices granted to them by the same .J^, ^^'
^ o y cited, was
reservations, collations, and provisions, as against all others to com-
in time to come. And this statute ought to hold place and "^^"c^-
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- ^0"^ ^ffg^j.
dained and estabhshed, that for all archbishoprics, bishop- 29 Jan.
rics, and other dignities and benefices elective, and all other [^^ ^^jj '
benefices of Holy Church, which began to be void in deed statute
the twenty-ninth day of January, the thirteenth year of the ^^ gxecu-"*^
reign of our lord King Richard that now is, or after, or tion.
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, ^^\ ° u
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 °^^^f "<^^s
' _ 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 s^^^^^^-
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 P""'^ "
sea, or being within the realm after the said six weeks, having receivers,
knowledge thereof, he shall be also exiled and banished, P^^*^^^" r
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 ...
whom the bishopric, or other dignity, or other benefices of Holy
pope has Church, of the patronage of people of Holy Church, in
given dig- ^ r ■ ^ -IJ
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 any
Rome to person, or if any other send or sue to the same court, where-
infringe 5y anything is done contrary to this statute, touching any
of this archbishopric, bishopric, dignity, or other benefice of 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
nces void
on, but said twenty-ninth day of January, which are given, or to
collated, vvhich it is provided by the apostolic [seel before the same
before the ^ "^ ^ ..
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 estabHshed, 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
. . any person
makmg motion, assent, or execution of the said Statute of upon the
Provisors, he shall be taken, arrested, and put in prison, and ^tatute of
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 like writs were directed to the
several sheriffs throughout England.
122 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- Parliament have showed to our redoubtable lord the king,
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 tune were wont, to sue m the kmg 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
institution made execution of such judgments by the king's command-
conform- ment by all the time aforesaid v/ithout interruption (for
ably there- , '', , , • x , \
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-
^ ° •' nicated for
tion of such commandments, to the open disherison of the executing
said crown and destruction of our said lord the king, 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 ^^ifhouT^^
within the same realm, without the king's assent and know- their, or
ledge, and without the assent of the prelates, which so shall ^onsenf ^'
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 Such trans-
of the realm would be defeated and made void : and his lf,^^°",
•' 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, ^^^ realm
° -^ ° ' destitute of
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 England, which has been so free at all °^ England
° , — 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 Corn-
things so attempted are clearly against the king's crown and "i°"s pro-
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
' all other cases attempted against him, 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
Parliament Parliament, as well spiritual as temporal, severally, and all
how to |-]^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 : j j ^
they will clearly in derogation of the king's crown, and of his royalty,
support ^g j|. jg y^j^ known, and has been for a Ions: 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 : ^here being, and the procurators of others being absent,
neither their advice and will in all these cases ; which lords, that is
affirm nor ^^ g^^^ ^^ archbishops, bishops, and other prelates — being
pope's in the said Parliament severally examined, making protesta-
power to t^iQjjg tj^ai; \^ jg j^Qt; their mind to deny nor affirm that our
excommu- •'
nicate or holy father the pope may not excommunicate bishops, nor
translate. ^^^ 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 o ? j y y j
against the and censures of excommunications be made against any
king s 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 may be 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 ^bsen^^^ °
the name of and for their lords, as the said bishops have said prelates
and answered, and that the said Lords spiritual will and ^h^j^p^j-in-
ought to be with the king in these cases in lawfully main- cipals in
taining his crown, and in all other cases touching his crown gJ5Jl\n^
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 l^^^^^
and established, that if any purchase or pursue, or cause to persons,
be purchased or pursued, in the court of Rome, or elsewhere, fjj the (Rom-
any such translations, processes, and sentences of excom- plaint
munication, bulls, instruments, or any other things whatso- ^e^nrcT-^ '
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 Frceffiunire 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 Zisaniorum, 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 Zisaniorum, Rolls Series, pp. 360-369. Cf. Wilkins,
iii. 221.]
1. Endow- I. That when the Church of England began to go mad
ruined all ^^^^^ temporahties, Hke 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- prctended to be of power more lofty than the angels, is not
ferred is that priesthood which Christ ordained for His apostles,
and not 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 the 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 o-Hevous
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
1 r ^ • 1 1 ^ i i • 11 • produces
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. 'fictum '; but the clause is corrupt.
128
DOCUMENTS ILLUSTRATIVE OF THE [xli
1394.
5. Exor-
cism and
benedic-
tion of
material
things is
mere
jugglery.
6. No man
shouldhold
clerical and
lay offices
together.
7. Masses
for the
dead and
houses of
alms are on
a wrong
foundation.
with a hen's egg ; and we know well that any falsehood
openly preached turns to the disgrace of Him who is always
true and without any defect.
5. That exorcisms and blessings performed over wine,
bread, water and oil, salt, wax, and incense, the stones of
the altar, and church walls, over clothing, mitre, cross, and
pilgrims' staves, are the genuine performance of necro-
mancy rather than of sacred theology. This conclusion is
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. That king and bishop in one person, prelate and judge
in temporal causes, curate and officer in secular office, puts
any kingdom beyond good rule. This conclusion is clearly
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. That special prayers for the souls of the dead offered
in our Church, preferring one before another in name, are
a false foundation of alms, and for that reason all houses
of alms in England have been wrongly founded. This con-
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
houses
for ' Thou shalt love thy neighbour as thyself.' And so it ^vould
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-
crosses or roods, and to deaf images 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 du/ia 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
130 DOCUMENTS ILLUSTRATIVE OF THE [xli
1394, lance be so highly honoured ; then would the lips 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.y ^^ ^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 ^o- 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 ^^^^^^^tity
^ ' among
of bringing in the gravest horrible sins possible to human women
nature, because, although the killing 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
^^r^lf uld ^^^ I'ealm nourishes much sin in waste, profusion, and dis-
be re- guise. This, experience and reason prove in some measure,
strained, because nature is sufficient 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- This is our embassy, which Christ has bidden us fulfil,
elusions ^gj-y necessary for this time for several reasons. And
are a brief •' •'
summary although these matters are briefly noted here they are how-
only, gygj. ggj. 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 some contemporary verses added
to the foregoing document ?\
Conclud- The English nation doth lament of these vile men their
ing verses. gjn,
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^ERETICO COMBURENDO,'
A. D. 1401.
2 Henry IV, cap. 15.
Letters Patent against the Lollards had been issued in 1382 and 1401.
1384 (vide ante, 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 England ?^?°^Jf
in this present Parliament, that although the Catholic served by
faith, founded upon Christ, and by His apostles and the thekmgs
progeni-
Holy Church sufficiently determined, declared, and ap- torsandthe
proved, has been hitherto by good and holy and most rights and
ui • r • 1 J 1 1 • • 1. -J liberties ol
noble progenitors of our sovereign lord the king in the said theEnglish
realm, amom^st all the realms of the world, most devoutly Church
, 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 doctrme 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
ta en to ^-^^\^q unlawful conventicles and confederacies, they hold
spread this ' ^
false and exercise schools, they make and write books, they do
octrine. 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 CathoHc 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, glanders, 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 ju J. jg(jj(.|-JQj^ spiritual, without aid of the said royal majesty,
spiritual Sufficiently correct the said false and perverse people, nor
jurisdic- refrain their malice, because the said false and perverse
tion, can-
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
clergy 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
. remedy,
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 royal ^"^^^ p^J_^'
majesty, presume to preach, openly or privily, without the hibit un-
licence of the diocesan of the same place first required and pJeachi^g.
obtained — curates in their own churches, and persons hitherto Except by
privileared, and others of the canon law granted, only except, curates in
, , - , r , 1,1, their own
And that none, from henceforth, preach, hold, teach, or churches
instruct anything, openly or privily, or make or write any ^"d per-
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 j.°"^h ° j.
or exercise schools. And also that none from henceforth in write
any wise favour such preacher, or maker of any such and ^athohV ^
the like conventicles, or holding or exercising schools, or faith, or
making or writing such books, or so teaching, informing, ^^°"^
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 ^yj|.|^ effect, deliver, or cause to be delivered, all such books
deliver .
same,with- and writings to the diocesan of the same place within
in forty f^j-j-y ^j^yg {^q^ ^he time of the proclamation of this ordi-
days,tothe ■' •'
diocesan, nance and statute. And if any person or persons, of
Persons whatsoever kind, estate, or condition he or they be, from
of owning 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
canon law ^"^ 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
prison or" ^^^ 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, ^^cular
and heretical and erroneous informations, or any of them, be, receiveand
before the diocesan of the same place, or his commissaries, Publicly
^ ' . burn those
convicted by sentence, and the same wicked sect, preachings, convicted
doctrines and opinions, schools and informations, do refuse ^'^ I'^^. .
1^ ^ ' ecclesiasti-
duly to abjure, or by the diocesan of the same place, or his cal courts
commissaries, after abjuration made by the same person, ofi'efusmg
' ■' •' r- 7 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
^ ^ ofrelaps-
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 \e7fit?ienti] 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 Catholic 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 bailifts 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-
vmcial
council, bishops \co-episcoporum\ and suffragan brethren \confratrimi
siiffraganeorum\ 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 iirni ^ 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 [realiter] 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 Cathohc faith, wilHng 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, beincr in your "^^' ^/^,.
■' . 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 '^J^^^" *^^
the premises, and that you cause him to be actually [realiter]
burnt in the same fire, in detestation of such crime, and to
the manifest example of other Christians ; and this you shall ^^ an ex-
1 . ., ,,.. , - ample to
m no wise omit under instant peril. Witness ourself at others.
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 ^^^^y^
Lord 1428-9, in the seventh indiction, in the pontificate of mission
our holy father in Christ and lord, the lord Martin, &c., ^""^ ^'^
•' ' ' ' assent of
I, Richard Caudry \ proctor, and under proctorial com- the Privy
mission of the most Christian prince the lord Henry, by the ^°"^"^
^ Mentioned as clerk of council in 1423. Vide Ads and Ordinances
of the Privy Council.
14© 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
should ^"^^^ ^^^^^ kingdom of England or other their lands and
come un- dominions, save at the bidding, asking, request, invitation,
the^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 lecfate, usin^^ the insignia of apostolic
so com- o ' o o 1
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- hy pro-
fore I openly protest, and by public commission in these acrainst
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 recognize the same as legate of the Apostolic f^g^^^^^JJ.
See in England, contrary to the laws, rights, customs, liber- ted, nor his
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, &c.
[a.d. 14 14. The impotiant and lengthy censure of Church irregu-
larities sent by the University of Oxford to the king will be found in
Wilkins. Condi, 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 OE 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- ^^^^ without grievous bitterness of heart, that there are
gotten the °
obligations some within our diocese of Canterbury, under the profession
of their Qf monastic 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
s°"^1 \s ^ rectors and vicars too, who do not keep or perform residence
are guilty in their benefices of this sort or hospitality, but neglecting
residence ^^^ scorning the cures of souls to which they are bound,
and care- like vagabonds and profligates run about through the king-
ess living, ^^^ ^^^ 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 benefiices 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 thdr" ^^ their benefices of this sort they actually leave alone,
vicarages notoriously Suffering their notable and enormous decay as
an cures, j-gg^^^jg ^-alls, 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 priests too
commendatory or testimonial letters as to their conversation who have
or orders. Some moreover of them are ignorant and un- "j^^^^
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, ^^ ^^ j.jj.j^g^
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 marriasre clan- hasty and
destinely ; whence it comes to pass that all sufficient proof ^""^^^^ ^^
marnasre
failing 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-
making wills, the same thing often happens, provided no oTwiUs!"^
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 Ki?ig our Sovereigti Lord.
In most humble wise show unto your excellent highness Attention
and your most prudent wisdom, your faithful, loving, and |^ called ^^
most humble and obedient subjects the Commons in this duct of the
your present Parliament assembled. Where of late, as well ordinaries
through new fantastical and erroneous opinions, grown by officers in
occasion of frantic, seditious, and overthwartly framed relation to
books compiled, imprinted, pubhshed, and made into the pression of
English tongue, contrary and against the very true Catholic ^'^^lo^s
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-
Thespecial pally concern your said Commons and lay subjects, and which
pointscom- , , , ,, , , . ^ ^
plained of ^^^j ^s they undoubtedly suppose, the very chief fountams,
in the occasions, and causes that daily breed, foster, and nourish
charge
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 : —
I- The I. First, where the prelates and spiritual ordinaries of this
Con^voca- ^"^^^ most excellent realm of England, and the clergy of the
tion to same, have in their convocations heretofore made and caused
canons and ^^ ^^ made, and also daily do make, many divers fashions
exact of laws. Constitutions, and ordinances, without your know-
witlfouT^ ledge or most royal assent, and without the assent and
the con- consent of any of your lay subjects ; unto the which laws your
ldtv° ^ ^^^^ ^^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 n. 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 f." ^exa-
■' ' c J ^ tious cases
poorest sort, within this your realm, be daily convented promoted
and called before the said spiritual ordinaries, their com- ^y t .
•■^ ' ordinaries
missaries and substitutes, ex officio ; sometimes, at the against the
pleasure of the said ordinaries and substitutes, for mahce P°°^^^ s°r^
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- 5 Delays
lates and ordinaries, be limited and appointed so many judges, ^"d fees in
., . . , , . . probate of
scribes, apparitors, summoners, appraisers, and other ministers wills.
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 ^^^ttrmts,
within this your realm to divers benefices or other arrange-
spiritual promotions, the said ordinaries and their minis- ^^^}^ ^}-
'■ "^ institution
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.
8. Provi-
sion of in-
lants to
benefices
by ordin-
aries.
9 The ex-
cessive
number of
holy days
observed.
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.
VIII. And also whereas the said spiritual ordinaries do
daily confer and give sundry benefices unto certain young
folks, calling them their nephews or kinsfolk, being in their
minority and within age, not apt nor able to serve the cure of
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 and other promotions 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.
IX. And also where a great number of holy days which
now at this present time, with very small devotion, be solem-
nized and kept throughout this your realm — upon the which
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-
tious ex-
pleasures, sometimes by the sinister procurement of other amination
spiritual persons, use to make out process against divers of ^^^ ^^'
^ ^ 1. ^ pnson-
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 ^"^^•
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 [half] 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-emedvln
examination brought forward and named, either as party or certain
witness, and then, upon the proof and trial thereof, not ^^cusa-"
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
if heresy be ordinarily laid unto the charge of the party so jjous
accused, then the said ordinaries or their ministers use to character
put to them such subtle interrogatories, concerning the high j^ation 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
1532. 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 him.self, 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 —
^f Ui^^^°" and forasmuch as there is at this present time, and by
misesand a few years past has been, outrageous violence on the
disorders ^^^ ^^^^^ ^^^ much default and lack of patient sufferance,
remedies charity, and good will on the other part — a marvellous dis-
are prayed qj.^^^^ ^f ^j^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 CompH-
occasion whereof all your said Commons in their con- ^^^ p^Jj^.
science surely account that, beside the marvellous fervent tion will
love that your highness shall thereby and (sk) engender in ^^u^h con-
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. ioi8\ 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).]
The ordin- After our most humble wise, with our most bounden duty
aries of honour and reverence to your excellent majesty, endued
having . , „ ^ . . i 1 • i 1 xm
read the With God With mcomparable 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 : ^ ^ t^ ■,-
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 ^ ....
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, ^ ' . j i_ 1 r
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 Jj^^^^y has
infected and utterly corrupt with the pestilent poison of properly
heresy ; and to have had peace with such, had been against P^^^^hed.
the gospel of our Saviour Christ, wherein He saith^ Noti veni
viittere pacem sed gladium. 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 spiritualty 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 OE 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-op erahu7itiir i?t
bomim^ 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 {sic) 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-
detailed^ cation, your grace's Commons descend to special particular
The griefs, and first report that the clergy of this your realm,
oT^anons t)eing your highness's subjects, in their convocations, by them
prejudicial holden within this your realm have made and daily make
^? ?f divers factions of laws concerning temporal things, and
law— the some of them be repugnant to the laws and statutes of
authority ^^^^ realm, not 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. ^i^gij- 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 angiilaris 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 the^anonl
predecessors, or shall be made by us, in such points and to the king,
articles as wt have by good authority to rule and order by j^ ^^ cannot
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 w^ord
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 ^eresv
laws extend to the goods and possessions of your, said lay they do
subjects, declaring the transgressors not only to fall into "rte^Eoods
the terrible censures of excommunication, but also to the or excom-
detestable crime of heresy. To this we, your grace's said "^"^^c^'^-
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 w^ere 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 law^s, divers of your lay fjj^ ^^^"^J^
subjects be brought into this ambiguity, whether they may the clergy
do and execute your grace's laws, according to your juris- j ^? "°
^ ° ' o J J desire to
diction royal of this your realm : interfere
To this your said orators answer and say, that they be ^
•' yj y course.
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
summ'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-
officials^ time at the pleasure of us, the said ordinaries or commis-
apology saries and substitutes, for displeasure, without any probable
if wrone cause, and sometime at the only promotion of our sum-
has been moners, being light and indiscreet persons, without any
anv^which credible fame first proved against them, and without any
has cer- presentment in the visitation or lawful accusation :
bT^'^n'^done '^° ^^^^ ^^^' Y^^'" gr^-ce'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 i6r
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 smwi portef, 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
in multis offendhniis omnes, as St. James saith, yet not in
omnibus offendimus omnes; 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 ,. . . . , , . , . , ,
for safe ordmaries or commissaries and their substitutes, they be
custody in committed to prison without bail or mainprize, and there
hcrcsv
cases, and they lie, some half a year or more, before they come to
not in any |-}^gjj. deliverance : To this your said orators answer, we use
instances. "0 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 -^ / n
into and interrogatories, by the which a simple, unlearned, or
making ^jg^ ^ well-wittcd 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 ^lons,
answer, we should not use subtlety, for we should do all as they
thinofs plainly and openly ; and if we do otherwise, we do know no
"^ one has
amiss. We ought not to ask questions, but after the capa- suffered
cities of the man. Christ hath defended His true doctrine ^f,°"S"
ful'.y.
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 iudeje who ought, without affection, enjoin such *^"^ ca.s&s
•> ^ ° ' ' •' 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
ekemosynam ; 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 Permitting
' ^ ' two wit-
credence, adversaries or enemies to the parties, yet in nesses of
many causes they may be allowed by the discretions of^"^" ^^^^^
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,
heresy proved fame, or presentment, is, or may be, infamed, 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
^?".^^ , take away from us our authority to correct and punish sin,
wilhngly .
be dis- and especially the detestable crime of heresy :
charged 'Pq ^his your said orators answer, in the persecution [sic) of
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
' 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 high-
ngorous ' ■' ■' jo
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- ^^^^^ ^^^
•' scarcely
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) j^g^^Q^^^"^
avoid the peril of heresy : To this your said orators and avoiding
bedesmen say and answer, that there can be no better '^^^^^y are
•' ' 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 P^^^^^*^
■^ / * procedure
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 ^^ ^7^" ,
, , cient, and
imagination, without lawful accusation, proved fame by any mis-
honest witness, presentment in the visitation, or other lawful "^f f,^,
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
ally accited to appear out of the diocese that they dwell in, without
and many times be suspended and excommunicated for diocese
small and light causes upon the only certificate devised gj^g f^^g
by the proctors, &c., and that also your said most humble the arch-
and obedient subjects find themselves grieved with the ajready^^
great and excessive fees taken in the spiritual courts, &c. : reforming
l(^ DOCUMENTS ILLUSTRATIVE OF THE [xlvii
1532. To this article — for because it concerneth most specially
^^^/^°"^^^' the spiritual courts of me {stc\ the Archbishop of Canterbury
officials — please it your grace to understand that about twelve months
thereof p^g|- j reformed certain things objected here: and now,
have been
useful to within these ten weeks, I reformed many other things m
the king, riiy said 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 worshipful 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, Avhen 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 Parliament, an Act passed thereupon The recent
already, the matter depending afore your majesty by way ^9', passed
of supplication offered up unto your highness by your said the assent
Commons; yet, forasmuch as we, your grace's most humble l- jT^
chaplains, the archbishops of Canterbury and York, be an unde-
straitly bounden by oath to be intercessors for the right f^^^^P
-' •' ° invasion
of our churches, and forasmuch as the spiritual prelates of the
of the clergy, being of your grace's Parliament, consented p^^!^
not to the said Act, for divers great causes moving their bury and
consciences, we, your grace's said chaplains, in our most York,
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 dwelling 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 hberty
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^^ 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 ^-^ ^^^ '
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 °q Ig'^sued
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 ^^'^^J' c
for the suit of the same, where, indeed, if he would have payment
charitably first demanded it, he needed not to have sued .
-' ' 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
as^^insuf- obtained the possession of any profit for the time of thirty
ficient or forty years, albeit such profit began sometime by suffre-
nee^ded i^^^rit, sometime by devotion, yet it is said that the said
before prescription maketh a good title in the law against any lay
be^made^^" person, 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
+ /zi f^ o TO T*
induction P^'^sented, as well by your highness as by other patrons
have been within this your realm, to divers benefices and other spiritual
promotions — 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^ w^hich 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
vacancies reasonable cause, to the intent that we, the ordinaries, may
are illegal, j^^y^ 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 ^^^^i^^^Jj^s
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^^ ^^
D -^ ' •' ' 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 '^^^^^ ^^^
posed not secundum carnem et sanguifzem sed secundum their
merita. 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 applied 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
e exces- j^^jy d2iys which now at this present time, with very small
number of devotion, be solemnized and kept throughout this your
o y ays j-gg^ij-j-j upon the which many cfreat, abominable, and exe-
abusus non ' r 7 & > '
iollit 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- ^^^lo^.
motions of the Church, daily intromit and exercise them- ment of
selves in secular offices and rooms, as stewards, receivers, ^ ^^gy "?^y
' ' 'in 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
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.
and the
cases of
violence :
it has not
been so,
unless
reference
be to pro-
cedure in
heresy
cases.
in most honourable fame and catholic faith, inviolably pre-
served :
To the first part thereof, as touching such discord as is
reported, and also the misdemeanour which is imputed to
us and our doings, we trust we have sufficiently answered
to the same as above, humbly beseeching your grace, of
your most excellent goodness, so to esteem and weigh the
premises, as well our such answer as the contents of their
supplication, as shall be thought good and expedient by
your 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
errace'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 °^!^ * j^
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 words 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 will 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-
with all ii-^QY\ of your clersfv of Endand, having our special trust and
confidence ^ °-' o 5 o r-
in the king confidence in your most excellent wisdom, your princely
do pro- goodness and fervent zeal to the promotion of God's honour
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 sacerdofii, here unto 1532.
your highness, submitting ourselves most humbly to the vi) Not to
same, that we will never from henceforth [enact 'J, put in new
ure '-, promuke, or execute, any [new canons or constitutions canons
! . , , T • • 1 without
provincial, or any other new ordinance, provincial or j^e king's
synodaPl, in our Convocation for synod "*] in time coming, licence and
r3.tific3.-
which Convocation is, always has been, and must be, tjon.
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 ^°,] 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™/sion
to your highness' subjects, [your clergy aforesaid is contented, on condi-
if it may stand so with your highness' pleasure, that '^] it be ^J^^^^^ ^
committed to the examination and judgment [of your proved be
grace, and ^^] of thirty-two persons, whereof sixteen to be of \q^^q
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 yet. ^ 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. 9 Om. i** Om. ^^ Om. ''' Om.
^3 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 ^] 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. LI I). The record known as the Valor Ecclestasticus —
a survey or valuation of all ecclesiastical benefices throughout England
and Wales — is the return compiled by Henry VIII'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 106). 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
for first- been daily conveyed out of this realm, to the impoverish-
fruits of YCiQicii of the same ; and specially such sums of money as
bishoprics 1 annulled, the same to be afterwards taken away by your most
bishoorics "^^'^ 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 full 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, ^^l^^ pj-o.
or first-fruits, have been thereby utterly undone and im- moted
• u J often
poverished: ^^i^^d.
And for because the said annates have risen, grown, and Increase
increased, by an uncharitable custom, grounded upon no J," P^P^^
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 ; w^hich 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 ^^f "^,^f
'^ ' ^ which have
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
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
2Hen.VII^j^g name of annates, or first-fruits, paid for the expe-
£160,000 '^ . ^
paid in dition of bulls of 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 subjects, as well spiritual as temporal, be as
does not obedient, devout, catholic, and humble children of God
^ nl'^^thf 1 ^^*^ ^°^y Church, as any people be within any realm
ness to christened ; yet the said exactions of annates, or first-fruits,
God and j^^ g^ intolerable and importable to this realm, that it
Church, is considered and declared, by the whole body of this
Consider- realm now represented by all the estates of the same
Parliament assembled in this present Parliament, that the king's high-
that, for ness before Almighty God is bound, as by the duty of
common- ^ ^00^ Christian prince, for the conservation and preserva-
wealth, tion of the good estate and commonwealth of this his realm,
king bound ^^ ^^ ^|j ^^^^ -^^ ^11^ is to obviate, repress, and redress the
to repress 7 r- j
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 "1?"^^'.
payments of annates, or first-fruits, and all manner contri- are de-
butions for the same, for any archbishopric or bishopric, f^^^^ "^
tills Act,
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- ^!'^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
within this realm hereafter, shall be letted, deferred, or hindered
delayed at the Court of Rome from any such bishopric, J^ Ro™e
whereunto he shall be so presented, by means of restraint mission to
1 82
DOCUMENTS ILLUSTRATIVE OF THE [xlix
1532.
their
bishoprics.
An arch-
bishop so
hindered
shall be
conse-
crated
by 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 ^if duties
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 thereby
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 before written notwithstanding.
184 DOCUMENTS ILLUSTRATIVE OF THE [xlix
1532. And forasmuch as the king's highness, and this his High
TheParlia- Court of Parliament, neither have, nor do intend to use in
willing to th^^' ^^ ^^y other hke cause, any manner of extremity or
use ex- violence, before gentle courtesy and friendly ways and
wkhout means first approved and attempted, and without a very
urgent great urgent cause and occasion given to the contrary, but
policy
' principally coveting to disburthen this realm of the said
have com- great exactions, and intolerable charges of annates, and first-
mittedthis fruits, have therefore thought convenient to commit the
the king, if final order and determination of the premises, in all things,
possible to ^nto the king's highness. So that if it may seem to his
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 , . , , , , , 1 • 1
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
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,
dedare'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
or not^^^'^ 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 ^"/^^^^.^
■' ^ ■' 00 determma-
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 tempft'o
rehearsed, unjustly, uncharitably, and unreasonably, vex, vex the
inquiet, molest, trouble, or grieve our said sovereign lord, i^nterdkt ^
i86 DOCUMENTS ILLUSTRATIVE OF THE [xlix
1532. 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 :
all sacra- Be it enacted by the authority aforesaid, that the king's
divine highness, his heirs and successors, kings of England, and
services all his spiritual and lay subjects of the same, without any
tinue to be scruples of conscience, shall and may lawfully, to the honour
ministered, of Almighty God, the increase and continuance of virtue
standino- ^^^ 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
and the or accustomed to do within the same ; and that no manner
&^'^^ h^\\ ^^^^ censures, excommunications, interdictions, or any other
not be ex- process Or compulsories, shall be by any of the prelates, or
ecuted. other spiritual fathers of this region, nor by any of their
ministers or substitutes, be {sk) 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 VHI, 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 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, J)f"^^j^° ^f
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 P°'^^5^"^f
f ^ ^ ' learning of
of spiritual learning, then it was declared, interpreted, and the body
showed by that part of the said body politic, called the f En'*lish°'^
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 vided for
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, in 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 ^-^^^^ ^p-
knowledge of the cause, can neither there be so well known, peals by
nor the witnesses there so well examined, as within this ^^5^^^^
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, ^b^e ^T"'
long delays and hurts, that as well to his highness, as to his spiritual
said nobles, subjects, commons, and residents of this his realm, j^^j^ J^'j^^
in the said causes testamentary, causes of matrimony and deter-
divorces, tithes, oblations and obventions, do daily ensue, ™Jins^s
does therefore by his royal assent, and by the assent of the courts,
lords spiritual and temporal, and the Commons, in this tempora
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,
hibftKm^" citations, suspensions, interdictions, excommunications, re-
&c., not- straints, judgments, or any other process or impediments, of
wit 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^oimced °" ^^^ ^^ ^^^ hoix?, and successors, and to all other subjects
in the or residents within this realm, or within any the king's
courts 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 theff^-J^^^ ,
' service and
same, shall and may use, minister, execute and do, or cause administer
to be used, ministered, executed and done, all sacraments, to^t^^^sub^
sacramentals, divine services, and all other things within the jects of the
said realm and dominions, unto all the subjects of the same, ^^tu^[ ^}'
as catholic and Christian. men ought to do ; any former cita- ing any
tions, processes, inhibitions, suspensions, interdictions, ex- ^"^^^ '^^
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, °"^^^^i"& ^°
•' ' do so.
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 further enacted by the authority aforesaid, that
192
DOCUMENTS ILLUSTRATIVE OF THE [l
1533.
Any at-
tempting
to procure
an inter-
dict, or
appealing
to Rome,
will incur
penalties
under
Statutes of
Praemu-
nire and
Provisors.
All appeals
to be tried
within the
realm.
if any person or persons inhabiting or resident within this
reahii, or within any of the king's said dominions^ or marches
of the same, or any other person or persons, of what estate,
condition, or degree soever he or they be, at any time here-
after, for or in any the causes aforesaid, do attempt, move,
purchase, or procure, from or to the see of Rome, or from or
to any other foreign court or courts out of this realm, any
manner foreign process, inhibitions, appeals, sentences,
summons, citations, suspensions, interdictions, excommu-
nications, restraints, or judgments, of what nature, kind,
or quality 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.
And furthermore, in eschewing the said great enormities,
inquietations, delays, charges, and expenses hereafter to be
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 -^^ ^^^i^^
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 ^^^^g^^^^h^.
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^^" "^^
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 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
t^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 ^^^ ^^^ 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 (^auses, in any of the foresaid courts, which 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^-^ courts 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 "n°''°his'^^
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.
'534? 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- 2^^"°^^-
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-
by clergy . .
that Con- bled only by the king's writ, but also submitting themselves
vocation is ^-q |-j^g king's majesty, have promised in verbo sacerdotii,
assembled that they will never from henceforth presume to attempt,
by king's allege, claim, or put in ure, or enact, promulge, or execute
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,
of Convo- provincial or synodal, which heretofore have been enacted,
cation have ^ •' ' '
been pre- and be thought not only to be much prejudicial to the
judicial to j^ing'g prerogative royal, and repugnant to the laws and
rogative Statutes of this realm, but also overmuch onerous to his
^f ?h ^^^^ 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 y^e clergy
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 ^g^gt^^
may have the king's most royal assent and licence to make, sembled
promulge, and execute such canons, constitutions, and "^j/"^^
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 pj-eciudes
realm, cannot now at the session of this present Parliament, considera-
by reason of shortness of time, be viewed, examined, and ^°" ° ,
•' J 5 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 "J-f ^^j°"
said clergy in form above rehearsed : be it therefore enacted in the
by authority aforesaid, that the king's highness shall have ^P^,^^ • .
power and authority to nominate and assign, at his pleasure,
the said two-and-thirty persons of his subjects, whereof tjon 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 ; kin°"
and if any of the said two-and-thirty persons so chosen canons
shall happen to die before their full determination, then his abolished
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-
roe-atlve^^" ^^°" °^ ^^^ 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
appeals^ ' ^^°"^^ ^^^ ^^^^^ °^ Easter, which shall be in the year of our
shall be Lord God 1534, no manner of appeals shall be had, pro-
to^thV"^ voked, or made out of this realm, or out of any of the
statute king's dominions, to the Bishop of Rome, nor to the see of
VlII^"i2 I^ome, in any causes or matters happening to be in conten-
vtde 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 Jo^han-^
upon every such appeal, a commission shall be directed eery, to be
under the great seal to such persons as shall be named ^^.'^^'
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^°"^'"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 P^^"^""^''^
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
^ 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 ^^^^ ^^°™
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 Praemunire 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
oTabbo'tr^ appeals hereafter to be had, made, or taken from the juris-
&c., lying diction of any abbots, priors, and other heads and governors
Rom'n* °^ monasteries, abbeys, priories, and other houses and
to be made places exempt, in such cases as they were wont or might
to king in afore the making of this Act, by reason of grants or liberties
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-
&T°con- ^'^ces, and synodals provincial being already made, which be
tinned still not contrariant or repugnant to the laws, statutes, and cus-
m orce. ^^^^^ ^^ ^1^^^ 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 effect of this
present Act.
Lii] HISTORY OF THE ENGLISH CHURCH 201
LII.
THE ECCLESIASTICAL APPOINTMENTS ACT—
THE ABSOLUTE RESTRAINT OF ANNx\TES,
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 realm wrongfully taken by ditional re-
the Bishop of Rome, otherwise called the pope, and the see ^tramt of
of Rome, it is ordained and established by an Act, among {^vide ante,
other things, that the payments of the annates or first-fruits, St^yx
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 poggd 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- consenfsto
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 certainly expressed in what manner and fashion archbishops
to Rome and bishops shall be elected, presented, invested, and con-
dignity of secrated within this realm, and in all other the king's
an arch- dominions ; be it now therefore enacted by the king our
bishop °^ sovereign lord, by the assent of the Lords spiritual and
nor an- temporal, and the Commons, in this present Parliament
first-fruUs assembled, and by the authority of the same, that the said
be paid to Act and everything therein contained shall be and stand in
ggg strength, 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 grant to the prior and convent, or the f'^ elected
'■''=> '^ by priors
dean and chapter of the cathedral churches or monasteries and con-
where the see of such archbishopric or bishopric shall ^^"^^ °^ ,
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 ^^ ^^^
an archbishop or bishop of the see so being void, with nomina-
a letter missive, containing the name of the person which t'°" o"^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 °j ^"F
delivered, that then for every such default the king's high- the king
ness, his heirs and successors, at their liberty and pleasure ^ ^ A^"
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 such ap-
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 And 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- ^^^^^ ^^^j^ licence and letters missive to them directed,
vents or '
deans and within the said twelve days do elect and choose the said
^kct^ki'n 's P^^son mentioned in the said letters missive, according to
nominee, the request of the king's highness, his heirs or successors,
such elec- ^t^^^^q^ ^-q }qq made by the said letters missive in that
tion shall ^
stand. behalf, then their election shall stand good and effectual
to all intents.
Theperson 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.
majesty, his heirs and successors, as shall be appointed for P^r^'^f^^
the same, the king's highness, by his letters patent under to the king,
his great seal, shall signify the said election, if it be to the ^^° ^^^^^
° o y ' 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,
^ 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-
' ^ ^ . tion.
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-
elected
and con'se- "^^7 ^^ office of any archbishop or bishop within this realm,
crated, or within any other the king's dominions, according to the
execute form, tenor, and effect of this present Act, and suing their
their office temporalties out of the king's hands, his heirs or succes-
as any " ^ ^°^s> ^^ ^^^ been accustomed, and making a corporal oath
other arch- to the king's highness, and to none other, in form as is
bishop of ^fore 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- ^j^^^^ ^|- ^j^^ prior and convent of any monastery, or dean
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
S- 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, ^^^*-
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 Jno^s^"^'
present Parliament assembled, by your most dread com- against
p
2IO DOCUMENTS ILLUSTRATIVE OF THE [liii
1534. mandment, that where your subjects of this your realm, and
at^Rome^ 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 valere, 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 :
Recital For where this your grace's realm recognizing no superior
realm is Under God, but only your grace, has been and is free
free from from subjection to any man's laws, but only to such as
man not ^^^^ been devised, made, and ordained within this realm,
devised for the wealth of the same, or to such other as, by suffer-
same ^"^^ °^ V*-*^^ grace and your progenitors, the people of this
Liii] HISTORY OF THE ENGLISH CHURCH 211
your realm have taken at their free Hberty, 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 ^^^ Pariia^
realm, or induced into this realm by the said sufferance, ment to
consents, and custom, your royal majesty, and your lords ^vkh^a^fer
spiritual and temporal, and Commons, representing the or annul
whole state of your realm, in this your most High Court of jaws oT^"
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
law^s, 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 wtII 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 ^^^^^ ^o^-
of the said imperial crown of this realm, by the long suffer-
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
212 DOCUMENTS ILLUSTRATIVE OF THE [liii
1534. It may therefore please your most noble majesty, for the
of^Peter'^ honour of Almighty God, and for the tender love, zeal, and
pence, or affection that ye bear, and always have borne to the wealth
other im- ^f ^j^jg ^^^ realm and subjects of the same, forasmuch as
positions, •' •' '
to Rome your majesty is supreme head of the Church of England,
orbidden. ^g ^^^ 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.
No person And be it further enacted by the authority aforesaid, that
~^3^^^_2f neither your highness, your heirs nor successors, kings of
shall sue this realm, nor any your subjects of this realm, nor of any
dlsoensa- ^^^^"^ Y^ur dominions, shall from henceforth sue to the said
tion or Bishop of Rome, called the pope, or to the see of Rome, or
to any person or persons having or pretending any autho-
licence
Liii] HISTORY OF THE ENGLISH CHURCH 213
rity by the same, for licences, dispensations, compositions, 1534.
faculties, grants, rescripts, delegacies, or any other instru- 5"°"^
r ^ ^ • y ,. Rome.
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 hcence, dispensation, All such
composition, faculty, grant, rescript, delegacy, instrument^ ^°'^^. ^^^
. , . within the
and other writmg 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 ^^^ Arch-
,,.,.. . , ,. , bishop ot
time, by their discretions, to give, grant, and dispose, by an Canter-
instrument under the seal of the said archbishop, unto your ^^^y ^o
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-
214 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.
and to the Be it also enacted by authority aforesaid, that the said
subject. 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 ^Q^^°f ^^g
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 commissary, 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 some cases,
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 ^e P"'|^^
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 [liii
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
nTay 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 be, for such causes as the tax was wont to be 4/. or
aforesaid above, SO granted by the archbishop, and confirmed under
licences
shall be the great seal, and all other licences, dispensations, facul-
good and ties, rescripts, and writings hereafter to be granted by the
of force in ,1-1 , . , , . r ^ • ». 1
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 marriages
legitimate in all courts, as well spiritual as temporal, and in had by
all other places, and inherit the inheritance of their parents gu^h
and ancestors within this your realm, and all other your licences
dominions, according to the laws and customs of the same ; ^q^q.
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, ^^^^^
make, and constitute a clerk, which shall write and register bishop's
every such licence, dispensation, faculty, writing, or other tions"n^
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
2l8
DOCUMENTS ILLUSTRATIVE OF THE [liii
1534.
Recital of
existing
grievances
in fees for
expediting
business at
Rome.
To avoid
these,
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.
And forasmuch as the charges of obtaining the said
licences, dispensations, faculties, and other rescripts or
writings aforenamed, at the Court of Rome, by the losses
and exchanges, and in conducting of couriers, and waging
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-
guity, and uncertainty of payments for dispensations, facul-
ties, 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 licences, 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 Hshed 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, saticnT^"
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 limited
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
ex^ortron^'^ 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
every dis- ^^ ^^^ same, that the tax or sum appointed to be paid for
pensation, every such dispensation, licence, faculty, instrument, rescript,
o^ther^' °^ ^'^ o^^^^^ writing to be granted by authority of this Act, shall
writing of be employed and ordered, as hereafter ensues ; that is to
shaiTbe ' ^^^ * ^^ ^^^ ^^^ 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,
whereof two shall be perceived by the said clerk of the
chancery, to be appointed as is aforesaid, to the use of your
highness, your 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 that the 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, ^^\ ^ ,
*^ ' ' under ^l.
whereof the king's highness, his heirs and successors, shall and not
have two parts thereof, abating 2,s. 4^., which shall be to the "^^^^ ^^'
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 com.missary shall have the other
part thereof, equally to be divided amongst them for their
costs and pains in that behalf.
222 DOCUMENTS ILLUSTRATIVE OF THE [liii
153i. And if the tax be under 405-. and not under 26s. Sd., the
If the tax same tax shall be divided into two parts, whereof the one
be under , „ 1 , . ,
40s. and P'^irt shall be to your grace, your heirs and successors,
^T ""?^^ 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.
If the tax And if the tax be under 26s. Sd. and not under 20J-., the
^6 " rS^^ same shall be divided into two parts, whereof your grace,
and not your heirs and successors, shall have the one part entirely,
under 205. 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.
Saving Provided always, that this Act shall not be prejudicial to
othe^r^ ^°^ ^^^^ Archbishop of York, or to any bishop or prelate of this
prelates, 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.
pispensa- Provided also, and be it enacted by the authority afore-
thTguar- ^^^^' ^^^^ ^^ ^^ happen the see of the archbishopric of Can-
dian of the terbury to be void, that then all such manner of licences,
tfeTdurinff dispensations, faculties, instruments, rescripts, and other
vacancies, 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 Canter-°
guardian of the spiritualties for the time being, hereafter bury, or
refuse or deny to grant any licences, dispensations, faculties, q" Jhe'^"
instruments, or other writings, which they be authorized to spiritual-
do by virtue and authority of this Act, in such manner and Jj^Jeason-
form as is afore remembered, to any person or persons that ably deny
ought, of a good, just, and reasonable cause, to have the ^l^l^^^
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, y^^^* ^^^^^
faculties, or other writings, enjoining him by the said writ, enforce
upon a certain pain therein to be hmited by the discretion ^^^ grant-
ing or
of the said chancellor or keeper of the great seal, that he compel the
shall in due form errant such licence, dispensation, faculty, showing of
J. , r u cause to
or other writmg, accordmg 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 ^^k°to be
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.
224 DOCUMENTS ILLUSTRATIVE OF THE [liii
1534. And if it shall appear upon the said certificate, that the
w °^^^lhe ^^^^ archbishop or guardian of the spiritualties for the time
king's writ being, of wilfulness in contemning the due execution of this
shall p^^^ without a just and reasonable cause, refused or denied
enforce ■' '
grant. 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.
Penalty. 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.
The king And Over that, it shall be lawful to your highness, your
povver two ^^^^^ ^^^ successors, for every such default and wilfulness
spiritual of the Said archbishop or guardian for the time being, to
^rantsu^h ^^^^ power and authority, by commission under your great
licences seal, to such two spiritual prelates or persons to be named
^ b^U^^^t ^^' y°^^ 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 pensahons
any such commission shall be directed, shall have power and such
authority to grant every such licence, faculty, dispensation, spiritual
r -, ^ persons,
mstrument, and other writmgs, 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 Hcence, 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- ^"^jj^j ^^
pounded, that your grace, your nobles and subjects, intend, not meaii
by the same, to decline or vary from the congregation of f^o^ t^e
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 jo^^^^^°'
by policies necessary and convenient to repress vice, and for
Q
226 DOCUMENTS ILLUSTRATIVE OF THE [liii
1534. 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- q,. ^ny other person or persons, shall have no power or au-
exempt, ' thority by reason of this Act, to visit or vex any monasteries,
shall be abbeys, priories, colleges, hospitals, houses or other places
mission religious, which be or were exempt, before the making of this
from the p^Q^^ anything in this Act to the contrary thereof notwith-
and not by Standing ; but that redress, visitation, and confirmation
the pope, si^all 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
blies^^^"^' 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
Kin ST S <-> ej
dominions, assemblies shall be within the king's dominions.
This Act Provided also, that this present Act, or anything therein
deroeate co^^tained, or any licence or dispensation hereafter to be
from made by virtue and authority thereof, shall not extend to the
vni " repeal or 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 anythinoj contained or pluralities
• J • , -J A , , • . ofbene-
mentioned in the said Act ; nor that this Act, nor any- fices, &c.
thing to be done by authority thereof, shall not be taken,
expounded, or interpreted to give licence 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, JP^ suing
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 ^J.^^"c^»
' ' -' dispensa-
person claiming to have his authority by the same, for tion, &c.,
any licence, faculty, dispensation, or other thing or things prforobey-
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, against
Q 2
228 DOCUMENTS ILLUSTRATIVE OF THE [liii
1534. such as sue to the court of Rome, against 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
confirma- -, • . ^ ' r r- • r
tions of derogation or taking away of any grants, or confirmations of
liberties any liberties, privileges, or jurisdiction of any monasteries,
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
abbots, rulers and governors of such monasteries, abbeys, priories,
pay no ^^d Other houses and places exempt, shall not hereafter pay
pensions any pension, portion, or other cense to the see of Rome ;
nor accept ^^^ admit or accept any visitation, nor any confirmation
any visita- fj-Qm or by the said see of Rome, or by authority thereof, of
confirma- 0^" for any person to be elected, named, or presented to be
lion 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
limited 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
, , , . , , . , confirma-
leges as they have concernmg the same, that m every such tjon from
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 contained, is not intended or meant, obtained at
nor shall be expounded nor interpreted, that any dispensa- ?^"^^
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 [uii
1534.
But
licences,
&c.,
obtained
at Rome
contrary to
the laws of
this realm
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 alway, and be it enacted by authority of this Date of this
present ParHament, that this present Act, or any thing or Act coming
things therein contained, shall 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 |!ven to
have full power and authority, by his letters patent under annul this
his great seal, to be enrolled in the Parliament roll of this ^^^f^^
° ' parts
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 atore 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
Parlia- yQ^^ most humble and obedient subjects, the lords spiritual
provide for and temporal and the Commons in this present Parliament
succession assembled, that since it is the natural inclination of every
crown. nian, gladly and wilhngly 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^ \t^ ^^his 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
succession
froward intents, expound them to every man's sinister to jt^ ^
appetite and affection, after their sense, contrary to the cause of
light 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.
the mar-
riage
between
the king
andKathe-
rine of
Aragon
be void,
and the
separation
good.
She shall
be called
dowager
to Prince
Arthur,
and not
queen.
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
Parliament assembled, and by the authority of the same,
that the marriage heretofore solemnized between your
highness and the Lady Katherine, being before lawful wife
to Prince Arthur, your elder brother, which by him was
carnally known, as does duly appear by sufficient proof in
a lawful process had and made before Thomas, by the
sufferance of God, now archbishop of Canterbury and
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
wise notwithstanding ; and that every such licence, dispen-
sation, act or acts, thing or things heretofore had, made,
done, or to be done to the contrary thereof, shall be void and
of none effect ; and that the said Lady Katherine shall be
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 f^f^^ ^^
and temporal, do purely, plainly, constantly, and firmly good and
accept, approve, and ratify for good and consonant to the J° q^^^J^'
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- [{J^Thave
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- ^vfthin^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 ^^rees.
of his father procreate and born by his stepmother, or the
son to marry his aunt, being 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 rio 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
pensewith , . „ i 1 • 1
God's law. of Christendom, and we also, do afinrm and thmk.
Marriages Be it therefore enacted by authority aforesaid, that no
forbidden pgj-son or persons, subjects or residents of this realm, or
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 (jeprree or condition soever they be, has been heretofore
marriages o ^ ■' '
by the married within this realm, or in any the king's dominions,
F^"r^H°^ within any the degrees above expressed, and by any the
held good, archbishops, bishops, or ministers of the Church of England,
and chil- ]^g separated from the bonds of such unlawful marriage,
dren born ^ 1 i /«
of such that every such separation shall be good, lawful, firm, and
marriages permanent for ever, and not by any power, authority, or
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 j-galm, or in any the king's dominions, already married
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 archbishops, 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
. 1 A Rome for-
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 AH the
the issue had and procreated, or hereafter to be had and j^jj^ ^^^
procreated, between your highness and your said most dear Anne
and entirely beloved wife Queen Anne, shall be your lawful decried
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 Eng^-^^"
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 cf your body begotten, and
of HenrV ^^ ^^^ h^irs 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 vour said most dear and entirely beloved wife. Queen
and^other A^^^^' begotten, that is to say: first to the eldest issue female,
issue which is the Lady Elizabeth, now princess, and to the heirs
lema e. ^^ j^^^ 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
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 j 3 j
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 the crown
of your most royal person, or maliciously give occasion by pr 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 high 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
°^v^ politic, to their heirs, assigns, and successors, and every of
except the them, Other than such persons as shall be so convicted, and
otfenders, ^j^^-j. j^gjj-g ^^^ successors, and all other claiming to their
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
ing any- any words, without writing, or any exterior deed or act,
t^Tif '1 i^^liciously and obstinately shall publish, divulge, or utter
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 offending in any of the treasons and mis- Vy.
prisions contained and limited by this Act, shall in any wise the privi-
have or enjoy the privilege and immunity of any manner oi^^^^ ^^
■> J ^ o J J sanctuary.
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
majesty should happen to decease before any such your issue
and heir male which should inherit the crown of this realm, ment of
shall be of his age of eighteen years, or before such your . ^"^ ^
issue and heir female which should inherit the crown of during
this realm, shall be married, or be of the age of sixteen years, Yth°"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 Jy^turbing
any thing or things to the let or disturbance of the same ; arrange-
that then every such oft'ence 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 maiesty, according to the tenor and form
to perform ^ j } j-> o
the con- of this Act, be it further enacted by authority aforesaid,
tents of ^^^ ^g ^gij ^ ^j^g nobles of your realm spiritual and tem-
this Act. , . , , . , 1 .
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 main 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 main^ 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 limited
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.
mated.
LV.
THE SUPREMACY ACT, a. d. 1534.
26 Henry VHI, cap. 1.
This Act was passed in November, 1534 ; it was repealed by
Mary's second Act of repeal impost, 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
to be the supreme head of the Church of England, and so
is recognized by the clergy of this realm in their Convoca-
tions, yet nevertheless for corroboration and confirmation
thereof, and for increase of virtue in Christ's religion
within this realm of England, and to repress and extirp all
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
1534.
The king is
supreme
head of
the Church
ofEngland.
and so
recognized
in Convo-
cation.
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 Ecclesia ; 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,
ecclesiasti- offences, contempts, and enormities, whatsoever they be,
cal abuses, •yyhichby 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 ; any usage, custom, foreign law, foreign autho-
rity, prescription, or any other thing or things to the contrary
hereof notwithstanding.
LVI.
THE SECOND ACT OF SUCCESSION, a.d. 1534.
26 Henry VIII, 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 Henry 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 |-]^g heirs of the king's highness 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 ^^ Parha-
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 hmitation 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-
jury.
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 ^^'i^(jic*t-
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 VHI, 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, ^°'" ^^^ .
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
1634. 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,
treason,
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 imagine, 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 rebelliously 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 1 / , benefit of
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 ^°^ inquiry
r 1 1- • r 1 • as to
or practise out or the limits of this realm, in any outward treason
parts, any such offences, which by this Act are made, or committed
by resi-
heretofore have been made treason, that then such treasons, dents
whatsoever they be, or wheresoever they shall happen so to abroad,
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
daj'S. 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 bury Con-
^ ' vocation
chancery of the lord the king, in the name of the said king, decides
presented a royal writ for summoning Convocation and f-^^"^^^
proroguing it to the fourth day of November following. And a large
afterwards was exhibited a writing by William Saye, notary J^^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 tha|^toly Scriptures
in this realm of England, than any other ^^gn [externus]
bishop?' Noes 34, doubtful i, ayes 4.
Convocation of YoiTk.
[Tr. Reg. Lee, fol. 88 ; cf. 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 Yo*rV°e-°
* We have failed to trace the original. — Edd.
252 DOCUMENTS ILLUSTRATIVE OF THE [lviii
1534. archbishop's certificate, the sentence of their decision
ceiving an against the pope's supremacy : * To the most illustrious
thekine° ^^^ 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 pro- 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 province 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 good 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 f:^*'
of this realm, and in all other the king's dominions, with but no
all ceremonies appertaining unto the same, as by sundry Provision
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 Parliament, that the towns ^^ ^^^^ ^^
of Thetford, Ipswich, Colchester, Dover, Guildford, South- thebishops
ampton, Taunton, Shaftesbury, Molton, Marlborough, Bed- suffragan,
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. Germains in Cornwall ' interlined in original.
254 DOCUMENTS ILLVSTRATIVE OF THE [lix
1534. and bishop of this reahn, and of Wales, and elsewhere
How pro- within the kind's dominions, being disposed to have any
posed o i J
suffragans suffragan, shall and may, at their liberties, name and elect,
are to be t^^t is to sav, every of them for their peculiar diocese, two
presented , , "^ ' "^ . . , , . , , , ,
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 requestto 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 seewhereunto he shall be named.
The king And after such title, style, and name so given as is afore-
^uffr^^^^"^ said, the king's majesty shall present every such person, by
selected to his letters patent under his great seal, to the Archbishop of
two arch-^ Canterbury, if the town whereof he has his title be within
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-
province of York, signifying and declaring by the same
letters patent the name of the person presented, and the
which the Style and title of dignity of the bishopric whereunto he
t^k^^'^fr^ shall be nominated, requiring the same archbishop, to whom
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-
which the
town, from
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, nated and
elected, presented, and consecrated, as is afore rehearsed, appointed,
shall be taken, accepted, and reputed, in all degrees and ^ j
places, according to the style, title, name, and dignity that power
he shall be so presented unto, and have such capacity, power former
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 suffragans
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, 1^^."^ ^"^
•' ^ ' junsdic-
shall take or perceive any manner of profits of the places tion of
and sees whereof they shall be named; nor use, have, or ^" J^?^"^
execute any jurisdiction or episcopal powder 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 limited 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 realm, for
Of what their own pecuHar diocese, may and shall give such commis-
this autho- . -^ •' °
rity and sion or commissions to every such bishop suffragan as shall
benefit j^g gQ 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
for exceed"
ing the ^^y 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
tion^or^' suffragan 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
have"two ^^^^^^^er exercise the offices aforesaid, by the commission of
benefices the bishop, for the better maintenance of his dignity, may
with cure ^i^-^^ ^^^ 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 ' 2 1 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 1536.
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 o' ^^li&i°"^
° -^ ° communi-
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 ILLVSTRAJIVE 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
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?u ^- being supreme head on earth, under God, of the Church
press vice, of England, daily finding and devising the increase, ad-
tTe ^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 smaller
it is and shall be much more to the pleasure of Almighty monas-
teries to be
God, and for the honour of this his realm, that the posses- applied to
sions of such small religious houses, now being spent, spoiled, better
uses "
and wasted for increase and maintenance of sin, should be 'unthrifty
used and converted to better uses, and the unthrifty religious
religious persons, so spending the same, to be compelled jq 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, J^^'^i^' j
canons, and nuns, of what kinds or diversities of habits, of which
rules, or orders soever they be called or named, which have "°^, ^
' •' ' amount to
not in lands, tenements, rents, tithes, portions, and other above 200/.
hereditaments, above the clear yearly value of two hundred /'f^«"'^^"^>
' •' ■' _ 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^^^^ ^!f°
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 ^^"5?^
majesty by any abbot, prior, abbess, or prioress, under their vvithin one
s 2
26o DOCUMENTS ILLUSTRATIVE OF THE [lxi
1536. convent seals, or that otherwise, have been suppressed or
yearbefore dissolved, and all and singular the manors, lands, tene-
of this Act ments, rents, services, reversions, tithes, pensions, portions,
have been churches, chapels, advowsons, patronages, rights, entries,
him.'^or ° conditions, and all other interests and hereditaments to the
that have same monasteries, abbeys, and priories, or to any of them
\\Sse sup^-^ appertaining or belonging ; to 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 and
employed, ^j^^-j. ^^^ ^^'Hg^ ^^ ^j^g pleasure of Almighty God, and to the
honour and profit of this realm.
Grantees of And it is ordained and enacted by the authority aforesaid,
suppressed ^-j^^t all and every person and persons, and bodies politic,
lands to which now have, or hereafter shall have, any letters patent of
enjoy same ^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 {sic\
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 like manner, form, 1536.
and condition, as the abbots, priors, abbesses, prioresses,
or other chief governors of any religious 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, °? Jjj^
abbesses, prioresses, and other chief governors of the said of those
religious houses specified in this Act, and the convents of [^Jj|^g"^j,
the same, and their successors, and such as pretend to be from the
founders, patrons, or donors of such religious houses, or of "J°-" ^^^'^
any lands, tenements, or hereditaments belonging 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, offices, 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- ^nces of
mining the utter spoil and destruction of their houses, and property
dreading the suppressing thereof, for the maintenance of their ^^-^j^
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.
Orna-
ments,
jewels,
goods,
chattels,
and debts
of the dis-
solved
monas-
teries
given to
the kin ST.
Abbots,
priors, &c.,
elected
since Jan.
\ 1534,
discharged
from the
payment of
first-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 263
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 ^•^ ^i^ul
realm, is certified into the king's exchequer, amongst the possession
books of the yearly valuations of all the spiritual possessions ofgu^^h"
of this realm, amongst which shall and may appear the abbeys,
certainty and number of such small and little religious t^^g ^ct
houses, as have not, in lands, tenements, rents, tithes, to be dis-
portions, and other hereditaments, above the said clear ^hose'pos-
yearly value of two hundred pounds ; be it therefore sessions
enacted by authority aforesaid, that the king's highness ^e^oTa less
shall have and enjoy, according to this Act, the actual and annual
real possession of all and singular such monasteries, priories, ^^^^^ ^ ^"
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, hotfsel.
during their lives, such yearly pensions and benefices as for j^e king
their degrees and qualities shall be reasonable and con- will have
,.,.,., .„ , J ^ respect for
venient ; wherem his highness will have most tender respect 5^^,^ as
to such of the said chief governors as well and truly conserve preserve
and keep the goods and ornaments of their houses to the 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 t^g convents of every such religious house shall have their
for mem- . . ./. , .„ i- 1 , 1 •
bers of dis- capacities, if they will, to live honestly and virtuously
solved abroad, and some convenient charity disposed to them
religious ...... , , ,, 1 . ,
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
mon'as^^^ by the 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
houses
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
charge-^ persons which be or shall be chargeable to and for the
able with collection of the tenth, granted and going out of the
tioVof *^^" spiritual possessions of this realm, shall be discharged and
tenths of acquitted of and for such parts and portions of the said
asreHes"to ^^^^^ wherewith the said houses of religion, suppressed
be sup- and dissolved by this Act, were charged or chargeable to
presse . ^.j^^ 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
wxih re- of Canterbury stand and be indebted to the king's hierh-
spect to . ^ ^ . . • ; p ,
arrears of "CSS in great sums or money, remaining yet unpaid, of the
100,000/. j-est 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-
clergy of
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-
. bury,
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 ^^^ i^^ts
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 ^^^^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 jrrant'^^mav
and declare, by his letters patent under his great seal, that continue
such of the said relisfious houses which his hisjhness shall "", ^^\
^ o solved any
not be disposed to have suppressed nor dissolved by religious
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 the 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
1536.
Proviso
for the
clergy of
the pro-
vince of
York,
similar to
that for
Canter-
bury.
This Act
not to
extend
to the cells
of the
greater
monas-
teries.
Provided also, that where the clergy of the province of
York stand and be indebted to the king's highness in great
sums of money yet unpaid, of the rest of such sums of
money which were granted by them to his grace in their
Convocation, towards the payment whereof the religious
houses that shall be suppressed and dissolved by this Act,
being within the same province, should have been con-
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.
Provided always, that this Act, or any thing or things
therein contained, shall not extend, nor be prejudicial to
any abbots or priors of any monasteries or priories, being
certified into the king's exchequer to have in possessions
and profits spiritual and temporal above the clear yearly
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 ^^ gup-
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 s^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 keen u 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
^^^"^j and 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 And if any person or persons, bodies politic or corporate,
for neglect- that shall be bounden by this Act, do not keep an honest
do^ 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 oifending, 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 ^\\ mstices of peace, in every shire where any such offence
inquire of -^ i. ? j
and punish shall be committed or done, contrary to the true meanmg
offenders, ^^d 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 269
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 I "^^6, and of the most noble reign of our sovereiajn f! , .
JO ■> o D kmgsvice-
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 juncdon'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 ^^^? ?^ ,
cure of souls, or any other spiritual administration within deanery
this deanery, under the pains hereafter limited and ap- "^^^ited :
pointed.
The first is, that the dean, parsons, vicars, and others ^; "^^^
having cure of souls anywhere within this deanery, shall to observe
270 DOCUMENTS ILLliSTRATIVE 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
' singular 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, ^cci^ 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 abolished ; 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
Articles are f^j-j-j^ ^y ^^iQ king's highness's authority, and condescended
plained by upon by the prelates and clergy of this his realm, in Convo-
the clergy 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
for 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 Jf ^° ^^,
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 ^^^^ ^^^
enticements to the pilgrimage of any saint, otherwise than so to teach
is permitted in the Articles lately put forth by the authority pg^pig^
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 diligently
are to pro- ,.,,', o /
cure the admonish the fathers and mothers, masters and governors
teaching of vouth, beinsT within their cure, to teach or cause to be
of the
Lord's taught their children and servants, even from their infancy.
Prayer, ^-^gij- « pater noster,' the Articles of our faith, and the Ten
Crted,
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^j^ fathers, mothers, masters, and other governors, being
the proper ' ' ' & j &
instruc- under their cure and charge, diligently to provide and
tion and foresee that the said youth be in no manner wise kept or
welfare 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 1536,
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 ^[^^ for ^°'
and reverently ministered in their parishes ; and if at any the due
time it happen them other in any of the cases expressed in ^j-aUon^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 Scripture,
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 &°°^ ,
. examples,
all other to live well and Christianly.
Furthermore, because the goods of the Church are called 8. Non-
tfie goods of the poor, and at these days nothing is less [f^^^feg^are
seen than the poor to be sustained with the same, all par- to be ready
sons, vicars, pensionaries, prebendaries, and other beneficed '° ^^^'®
men within this deanery, not being resident upon their
T
274 DOCUMENTS ILLUSTRATIVE OF THE [lxii
1536. 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, which, 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
means are ^^^ ^lore for the execution of the premises, every parson,
to support vicar, clerk, or beneficed man within this deanery, having
doners Y^^^^Y ^o 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, which, after they have profited in
who shall good learning, may be partners of their patron's cure and
them or^ ^^^^g^> ^s 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,
to^m\^^^ chapels, or mansions within this deanery, shall bestow
good all yearly hereafter upon the same mansions or chancels of
don^^ata ^^^^^ churches, being in decay, the fifth part of their bene-
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 Crumwell, and sent 1538.
by him to 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 address.
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 r. Confir-
the king's highness's injunctions given unto you heretofore 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 ^^ ^^ ^^^
volume, in English, and the same set up in some convenient up in
P nil T*P n ^^
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 £j-qj^ ^j^^ 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, beheve, 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
to^be^'^i^ven ^^^ "^^^"^ openly and plainly recite to your parishioners twice
in the or thrice together, or oftener, if need require, one particle
the^ Ch ■ °^ sentence of the * Pater noster ' or Creed, in English, to
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 every person that comes to confession to you, whether they
knowledge •' ^ j ■> j
of the fore- can recite the Articles of our faith and the 'Pater noster,'
b°T^t^d ^^ English, and hear them say the same; particularly
every wherein if they be not perfect, you shall declare to the same
Lent. |.|-j^^. evei-y 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^onsTo^be
quarter of the year at the least, wherein you shall purely and preached,
sincerely declare the very gospel of Christ, and in the same gJltion^to^
exhort your hearers to the works of charity, mercy, and be dis-
faith, specially prescribed and commanded in Scripture, and ^°"^^S^ •
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,
your cures to be so abused with pilgrimages or offerings of ^^^^ ^^ j^^
anything made thereunto, you shall for avoiding that most taken
detestable offence of idolatry forthwith take down and clrtain^ex-
delay, and shall suffer from henceforth no candles, tapers, ceptions,
or images of wax to be set afore any image or picture, but st^cdon
278 DOCUMENTS ILLUSTRATIVE OF THE [lxiii
1538. only the light that commonly goeth across the church by
concern- ^j^g j.qq^ Jq^j. ^.j^g jj„j^|. before the Sacrament of the altar,
ing their , 1 ,
use and and the light about the sepulchre, which for the adorning
abuse to be ^f ^^i^ 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 ^^jjj ^j^^ promptly execute these Injunctions and do their
non-resi- r r ^ j
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 yQ^j. benefices or cures, but such as shall appear unto you
Drc3.chcrs
only are to to be sufficiently licensed thereunto by the king's highness
officiate, qj, ^jg 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 . .
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
° ' ' ■' ^ gnmages,
ground of Scripture, but as one being led and seduced by a relics, im-
common error and abuse crept into the Church, through the ^^^^' ^^'
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 ^and^hV
in English, or sincerely preached, or of the execution of tenor of
these Injunctions, or a fautor of the Bishop of Rome's !^ ^^5 ""
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^^^^^^^
register, wherein ye shall write the day and year of every and en-
wedding, christening, and burying made within your parish ^^"sted to
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
1538. and the other former Injunctions given unto you by the
13. These authority of the king's highness, openly and dehberately
previous before all your parishioners, to the intent that both you may
Injunc- be the better admonished of your duty, and your said
be read parishioners the more incited to ensue the same for their
quarterly, part.
14. Tithes Item, forasmuch as by a law established, every man is
*°d ler bound to pay his tithes, no man shall, by colour of duty
who ne- omitted by their curates, detain their tithes, and so redub
duT'tobe °"^ wrong 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
a[t^"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
authority. -^^ ^^^ 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.
16. Knell- Item, that the knelling of the ' Aves ' after service,
ing of ^j^^ certain other times, which has been brought in and
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
suffrages -^^ ^^xQix processions to sing Ora pro nobis to so many saints
LXiv] HISTORY OF THE ENGLISH CHURCH 281
that they had no time to sing the good suffrages following, 1538.
as Parce nobis Domine. and Libera nos Domine. it must be '"
' Litany.
taught and preached that better it were to omit Ora pro
nobis, and to sing the other suffrages.
All which and singular Injunctions I minister unto you, The pre-
and to your successors, by the kind's highness's authority to ^^°'"& ^^-
•' J y o o J junctions
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 °^ ?^y^^^
' ° ° religious
divers monasteries, abbacies, priories, nunneries, colleges, houses
hospitals, houses of friars, and other religious and eccle- ^h' ^^^^^
siastical houses and places within this our sovereign lord the Hen. VIII,
king's realm of England and Wales, of their own free and ^o^^^t^i^i^y
° ° ' surrender-
voluntary minds, good wills and assents, without constraint, ed their
coaction, or compulsion of any manner of person or persons, •"^spective
since the fourth day of February, the twenty-seventh year of houses and
the reign of our now most dread sovereign lord, by the due Passes-
282 DOCUMENTS ILLUSTRATIVE OF THE [lxiv
1539. order and course of the common laws of this his realm of
sions into England, and by their sufficient writings of record, under
the king s . "^ ° '
hands. their convent and common seals, have severally given,
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 ^^^ ^.^^ 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, J^°"sesand
possess, and enjoy to him, his heirs and successors for ever, sessions
all and singular such late monasteries, abbacies, priories, nun- X^^ ^^ ^"
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
1539.
The pos-
session of
all other
religious
houses,
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, ^^^^^\ ^
colleges, hospitals, houses of friars, and other religious and within the
ecclesiastical houses and places, which being dissolved, !v|'^^'^^urt
suppressed, renounced, relinquished, given up, or come to of augmen-
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 c°°^.^^y
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
othe^^ ^ ^^^ bodies politic, and their heirs and successors, and the
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 OF 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^ savhig ^'
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 ^^'(^^ ^
ecclesiastical governor or governess abovesaid, within one abbots,
year next before the dissolution, suppression, renounc- jj^q^^^j^,
ing, relinquishing, forfeiting, giving up, or coming to the property,
king's highness, of his late monastery, abbacy, priory, ^^^r f°he
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
ofrnonastic f^o^i^ients, fines, and recoveries had, made, acknowledged,
property or suffered by any governor or governess, without the king's
abbol ^ licence under his great seal, within one year next before the
within one dissolution, renouncing, relinquishing, forfeiting, giving up,
dSolu-*^ ^^ °^ 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 ^^Q^g ^^.
governor or governess of any monastery, abbacy, priory, ofmonas-
nunnery, college, hospital, house of friars, or other religious ^l^l^°
or ecclesiastical house or place, which hereafter shall happen pressed
to be dissolved, suppressed, renounced, relinquished, for- ^.^^^ *
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
1539. 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 1539.
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 wood or woods shall be utterly
void and of none effect.
And it is also enacted by the authority aforesaid, that all Feoff-
feoffments, fines, and recoveries had, made, knowledged, or p^en^ts,&c.,
suffered within one year next before the first day of this of religious
present Parliament, or hereafter to be had, made, know- J^^^ses to
^ ' ' ' be sup-
ledged, 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
Dr possession of the said monasteries, abbacies, priories,
lunneries, colleges, hospitals, houses of friars, or other
eligious or ecclesiastical houses or places, shall be utterly
roid and of none effect.
Provided alway, and be it enacted by authority aforesaid,
u 2
292 DOCUMENTS ILLUSTRATIVE OE THE [lxiv
1539. that if any abbot, prior, abbess, or prioress, or other governor
Proviso for or govemess abovesaid, within one year next before the
JG3SCS for
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 grants 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 life ^^^^' ^^^^ ^^ ^"^ 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, fori
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 Hfe 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 {^^^^^^
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 ahvay, and be it further enacted by the authority Leases
aforesaid, that all leases heretofore made of any of the pre- ^JJ^^^
mises by authority of our sovereign lord the king's court of rolled in
augmentations of the revenues of his crown, and all such ^ / *^°"^'
° ' 01 aug-
leases, feoffments, and wood - sales made by the said mentations
governors and governesses, or any of them, under their ^^d be^"
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 alway, and be it also further enacted by the
relief for 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,
the head bef^g or growing in or upon any manors, lands, tenements,
religious Or hereditaments which appertained or belonged to the
said late 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,
o re igious t^^ licence, pardon, confirmation, release, assent, or consent
Lxiv] HISTORY OF THE ENGLISH CHURCH 21^^
of our said sovereign lord the king, under his great seal 1539.
heretofore given, had or made, or hereafter to be had or with the
kin&f's
made, have obtained or purchased by indenture, fine, feoff- licence,
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„L^of
successors of every of them (other than the said late others,
abbots, abbesses, priors, prioresses, and other governors ^^^/"fj^gj^
and governesses, and their successors, and the successors of before the
every of them, and such as pretend to be founders, patrons, ^ ,
or donors of 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
1539, 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
king'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 W 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-
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, A saving
of the
and to every of them (other than such person and persons, right of all
and their heirs, and their wives, and the wives of every of others, but
u J- ,• • J . T. • ^ of the
them, bodies politic and corporate, and their successors, sellers,
and every of them, of whom the king's highness has their heirs
and wives,
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 \.^ ^^^^
sundry considerations his majesty specially moving, as also granted
otherwise, to have bargained, sold, changed, or given and ^Q^Tst^ic
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 ofiice 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, hberties, 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
DOCUMENTS ILLUSTRATIVE OF THE [lxiv
1539.
Such
grants
sufficient
notwith-
standing
misrecital,
&c.
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 :
Be it therefore enacted by the authority of this present
Parliament, that as well all and every the said letters
patent, indentures, and other writings, and every of them,
under the seal or seals abovesaid, or of any of them, made
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 ^^ others
successors of every of them (other than his highness, his in the
heirs and successors, and the said governors and gover- ^^gsured by
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-efigious
nesses of the said late monasteries, abbacies, priories, houses
nunneries, colleges, hospitals, houses of friars, and other assessed
religious and ecclesiastical houses and places, have had, parsonages
possessed, and enjoyed divers and sundry parsonages appro- ^^^^^^^^
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-
properties ments of tithes, to be paid out or for their said monasteries,
tithe free ,, . . . . „ , . , , \
abbacies, priories, nunneries, colleges, hospitals, houses ot
friars, and other religious and ecclesiastical houses and
places, manors, messuages, lands, tenements, and heredita-
The king ments : be it therefore enacted by the authority abovesaid,
and his |-]-j^|- ^g ^ygjj ^j-^g ^{x\a our sovereign lord, his heirs and
grantees of o <=> ^
such successors, as all and every such person and persons, their
monastic heirs and assis^ns, which have, or hereafter shall have, any
property ° ' ' ' "'
shall enjoy monasteries, abbacies, priories, nunneries, colleges, hos-
tile same pitals, houses of friars, or other ecclesiastical houses or
tithe free. ^, . . .
places, sites, circuits, precincts of the same, or of any of
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, 1539.
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 religious and ecclesiastical houses and places, and all *^°" ^."^
^ ^ ' junsdic-
churches and chapels to them or any of them belonging, tion of the
which before the dissolution, suppression, renouncing, re- ^^'^jj^^^yj
linquishing, forfeiting, giving up, or coming unto the king's be within
highness, 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 fPPoi"ted
by the
situate and set, or withm 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
majesty, at the contemplation and humble petition of the S'^k f
right noble Thomas, Duke of Norfolk, to give his royal Norfolk's
assent of licence by his grace's word, without any manner ^ to the
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 L^^^d^r
abbot of the monastery of Sibton, in the county of Suffolk, ham's to
and convent of the same late monastery now being dissolved, ^°j^''^"^
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 which 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, now 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
° ,^ and bodies politic, and to their heirs and successors (other
mens *■ ^ ^
rights in than the said late abbot and convent and their successors,
the said ^^^ ^.j^g g^-^ j^^.^ j^jj^sj-gj- ^^d 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, 1539.
1539-
[Transcr. Statutes 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 ^^^^^^ ^
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
, , ^ /. • 1 1 • diversity of
have heretofore, m many places and regions, grown, sprung, opinions.
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
unity,
summoned
Parliament
and Con-
vocation.
Matters
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 CHVPrH 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 [^e^^JJ- ^
and declared many things of high learning and great know- cussion of
ledge, touching the said Articles, matters, and questions, for ^^^^g
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 Sacrament of the altar, by Result of
the strength and efficacy of Christ's mighty word (it being ^'^^^^^'
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, flash, 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 mighi
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 :
Lxv] HISTORY OF THE ENGLISH CHURCH 307
It is therefore ordained and enacted by the king our 1539.
sovereign lord, the Lords spiritual and temporal, and the The First
Commons, in this present Parliament assembled, and by the co^nstitut-
authority of the same, that if any person or persons within ing heresy
this realm of England, or any other the king's dominions, ^^ is to be
after the twelfth day of July next coming, by word, writing, punished
imprinting, ciphering, or in any other wise do publish, ^^ con"^^
preach, teach, say, affirm, declare, dispute, argue, or hold fiscation of
any opinion, that in the blessed Sacrament of the altar, P^^P^"^ y-
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 off'ending, 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- ^ ' / r r- j
taining said twelfth day of July, preach in any sermon or collation
"f T r 1 openly made to the king's people, or teach in any common
ii-vi in- school or to Other congregation of people, or being called
volve a before such judges and according to such form of the law
death with as hereafter shall be declared, do obstinately affirm, uphold,
forfeiture, i^^aintain, 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- 1589.
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 of Artfdes
word, writing, printing, ciphering, or otherwise than is ii-vi in-
above rehearsed, publish, declare, or hold opinion that the fg°ture for
said communion of the blessed Sacrament in both kinds the first
aforesaid is necessary for the health of man's soul to be °^d"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 S °"^
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 used, 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
3IO
DOCUMENTS ILLUSTRATIVE OF THE [lxv
1539.
Clerical
marriage
to be dis-
solved.
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
Parliament 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, which 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 '° ^onfess
contemptuously refuse, deny, or abstain to be confessed at municate
the time commonly accustomed within this realm and ^"^°^^^s
■' 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.
Special
periodical
commis-
sions of
inquiry
to be
instituted.
General
episcopal
and magis-
terial in-
quiry also
autho-
rized.
before devised, ordained, and enacted by this Act, be it
further enacted by the authority of this present Parlia-
ment, that immediately after the said twelfth day of July
next coming sundry commissions shall be made from time
to time into every shire of this realm and Wales, and in and
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.
And nevertheless it is further enacted, that every of the
said archbishops and bishops, and every of their chancellors,
commissaries, archdeacons, and other ordinaries, having any
peculiar ecclesiastical jurisdiction within this realm, or in
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- °^ .^^^ ^"'
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 ^|^g g^^j^ 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 j^^^^ ^^^j 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 abovesaid, that
^° ^^ every of the said commissioners, upon any such accusation,
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 t>ail 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 Coinmis-
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 °o ^^ tJ-^f^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 challenge
^ ^ -^ 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 J^°".^^ ^°
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
mission-
ers.
316 DOCUMENTS ILLUSTRATIVE OF THE [lxv
1539. 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 as°S^^ all mayors, sheriffs, stewards, bailiffs of liberties, gaolers,
the com- and other officers and ministers, of what name, degree, or
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 named to be commissioner in the said commission, after
commis- '
sioners that he has knowledge thereof, shall effectually put his
"^ r. diligence and attendance in and about the execution of the
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 Dedwius 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 oifending, 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 potestatem^ 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 keeping [or] possession all and all containing
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 'o P^ P^"-
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- churches,
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.
The penal-
ties in all
cases to be
individual
only.
Penalty
for mar-
riage of
clergy
after date.
Saving to all and singular person and persons, bodies poli-
tic and corporate, their heirs and successors, and to the heirs
and successors of every of them, other than all and singular
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.
Be it also further enacted by the authority aforesaid, not
giving advantage or detriment to any article afore rehearsed,
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
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 singular of the foresaid "^^^ °
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- ligation 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
ditiona charter shall come, William, by Divine permission abbot
to the king of the monastery of St. Peter, Westminster, in the county
^ of Middlesex, and the convent of the same place, greeting :
monastery ' f ? & &
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, messuages, lands, tenements, meadows,
and rights ' o o j o '
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, hberties,
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, countfe^
Norfolk, Suffolk, Berks, Oxford, Bucks, Bedford, Kent, and in
Sussex, Surrey, Somerset, Dorset, Southampton, Wilts, and ^°°"°°»
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, warranty.
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 1540.^
said now lord, King Henry VHI.
0
The signatures of the abbot, William Boston, the prior,
Dionysius Dalyons, and twenty-three monks follow.
322 DOCUMENTS ILLUSTRATIVE OF THE [lxvii
LXVII.
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
unity in re
and order of his most loving subjects to be in most perfect
ligion and unity and concord in all things, and in especial in the true
?^G^d"^^d ^^^^^ ^"^ religion of God, and wishing the same to be
himself, brought to pass with all clemency and mercy on his high-
obtained ness's part towards them, as his most princely serenity and
clemency majesty has already declared by evident proofs, to the
than force. [Yii&nt 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 ^
be kept that sort, that reason and the knowledge of their duties can
^^°"^ move them from offence, but many which had need have
offence, ■'
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
"^P^"!' . ignorant : by the means of which sort of men, many things
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 rehgion, and in the great and high especially
mysteries thereof, as in the most comfortable Sacrament of ^" ^ th?°"
the body and blood of our Saviour Jesus Christ, commonly Sacrament
called the Sacrament of the altar, and, in Scripture, the ^itar^
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, [iJg°" °
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 ^^^'^^^
-' ^ persons.
before rehearsed, who of wickedness, or else of ignorance t,,
' ° 1 he 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 Sacra-
meat,
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
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
revHinff 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 Revised, 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 and 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, ^jtnes^es
as is aforesaid, before whom any such presentment, informa- to be
tion, and accusation shall be made or taken as is aforesaid, °^^ }^.
' ' appear at
shall examine the accusers, what other witnesses were by the trial of
and present at the time of doing and committing of the ° ^" ^^^'
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 ghalTbe
abovesaid, by virtue of this Act, shall have full power and awarded
authority to make process against every person and persons pl^sons
so indicted, by two capias and an exigent, and by capias indicted.
utlagaium^ 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 liberties 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 determine
and authority by virtue of this Act, and the commission of ofifences.
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.
Bailment
of persons
indicted.
The bishop
of the
diocese
where the
offence is
committed,
or his
deputy,
to be
present at
the trial.
Form of
writ
requiring
such ap-
pearance.
No indict-
ment to be
made after
three
months
from date
of offence.
Persons
indicted
may call
witnesses
at the least, as is abovesaid, shall have full power and
authority to let any such person or persons, so 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.
Provided always, and be it enacted, that the said justices
of peace, or three of them at the least, at their quarter
sessions, where any offender or offenders shall be or stand
indicted of any of the contempts or offences abovesaid, shall
direct and award one writ, in the king's name, to the bishop
of the diocese where the said offence or offences be supposed
to be committed or done, willing and requiring the said
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;
which writ shall be of this form : ' Rex &>€. Episcopo L.
salutem. Pracipimus tibi qitod tu^ Cancellarius tuus^ vel
alius deputatus tuus sufficienter eruditus^ sitis cwn justiciariis
nostris ad pacem in comitatu nostro B. conservandani assig-
natis apudD. tali die, ad sessionem nostram, ad tunc et idide7n
tenendam ad dandum consilium et advisamentu7n eisdein justi-
ciariis nostris ad pacem, super arranamentwn et de liber a-
tionem offendentiwn contra formam Statuti concernentis sacra-
sanctum sacramentum altarisJ
Provided always, and be it enacted by the authority afore-
said, that no person or persons shall be indicted of any of
the contempts or offences abovesaid, but only of such con-
tempts or offences as shall be done or perpetrated within
three months next after the said offence or offences so com-
mitted or done.
And be it further enacted by the authority aforesaid, that
in all trials, for any such offenders, before the said justices,
as is aforesaid, the person or persons being complained on
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 °" '^^''"
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 Sacrament
blood of our Saviour Tesus Christ, and also more conform- to be ad-
able to the common use and practice both of the Apostles and -^^both^^
of the primitive Church, by the space of 500 years and more kinds,
after Christ's ascension, that the said blessed Sacrament should ^^Y)1v&
be ministered to all Christian people under both the kinds necessity
of bread and wine, than under the form of bread only, and otherwise
' ■" requires.
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 J° ^^ °^j^
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 T^"^i°to^
the benefit and comfort promised to them which worthily no person
receive the said holy Sacrament, and [the] danger and indig- j q ^f
nation of God threatened to them which shall presume to and
receive the same unworthily, to the end that every man may dumbly
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 ^hereunto 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 calling 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. But cf. Dixon, ii. 381.
[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 5 7 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 s^ouM be
year of the reign of our late sovereign lord King Henry VIII, given to
father to our most dread and natural sovereign lord the b/dev^(fted
king that now is, it was ordained, enacted, and established to certain
amongst other things, that all and singular colleges, free P^^Po^^^-
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, ^^jjj ^ *
pastures, woods, waters, rents, reversions, services, com- dissolving
mons, tithes, pensions, portions, churches, chapels, advow-
sons, nominations, patronagesj 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 OF 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 king, by the said former Act, that the same late king, g^^" %\\\
during his natural life, might make and direct his com- thereby to
mission and commissions under his great seal, to enter into ^^^V" "P°°
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" ^ame, that all 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, f^^^^^!°
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 ^^^^^"iited
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,
ex^[/ of °^ finding of the priest or priests shall be expired and run,
the terra, 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 main, 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
*^hich ° present 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
ance of an lands, tenements, rents, and other hereditaments, which by
P k'ine^*^ ^^y 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
given, assigned, or appointed to be bestowed or employed lands, the
to the finding or maintenance of any anniversary or obit, part-issues
,,.,,.. -. T 1 , of which
or other like thmg, mtent, or purpose, or of any light or ^j.^ 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 diSirai'rffor
successors, for non-payment of any such sum or sums of the rent
money, to distrain in the said manors, lands, and tenements, ^^ def^Slt
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
sufficient 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 present Parliament, that our sovereign lord the king
priests, shall, from the said feast of Easter next coming, have, per-
^^^^^' 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- ^|^g king, his heirs and successors, for non-payment of any
the money such sum or sums of money, profit, commodity or emolu-
or profit, jnent, 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, u^^^Th'
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 ^'^^" ?°
' ° °' commis-
successors, at his and their will and pleasure, may direct sioners to
z
338
DOCUMENTS ILLUSTRATIVE OF THE [lxviii
1547. his and their commission and commissions under the great
survey the geal of England to such persons as it shall please him ;
property -, , , . . r ^ ,
vested in ^^^ that the same commissioners, or two of them at the
the king least, shall have full power and authority by virtue of this
Act. Act, and of the said commission, as well to survey all and
singular lay corporations, guilds, fraternities, companies, ana
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
ouSt'to^ ' assign, and shall appoint (in every such place where guild,
have kept fraternity, [or] the priest or incumbent of any chantry in esse,
sc^ool'™^'^ the first day of this present Parliament, by the foundation
part of ordinance or the first institution thereof, should or ought
thafe-uild ^^ ^^^^ ^^P^ ^ grammar school or a preacher, and so has
or chantry done since the feast of St. Michael the Archangel last past)
solved to ^^'^^S' tenements, and other hereditaments of every such
be devoted chantry, guild, and fraternity to remain and continue in
to eeping succession to a schoolmaster or preacher for ever, for and
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 j^gj^j. ^^ ^
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 ^°"^
^ pi3.CG5j
m 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 pgnSonsto
of this Act and of the said commission to them directed, chantry
to assign as well to every dean, master, warden, provost, P"^^'^' '^•
and other incumbent and minister of any of the said
Z2
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
ourof^a ^^^ ^^y ^y ^^^^ ways and means as they shall think meet
chantry, and convenient, what money, profit, and benefit any poor
&c., shall „ -u • ^ c
be con- 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
tovvards appoint lands, tenements, or other hereditaments, parcel ol
the main- the premises, for the maintenance and continuance of the
sea-walls 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 ^?^ ^° ^^
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 J^issioners
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, ^^^ P°o^'
provosts, and other incumbents and ministers aforesaid, and mainten-
towards the poor people, concerning the said assignments, ^"ceofsea-
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, certificates
•' . 'to have
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.
No annuity
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 sovereign lord the king *° ^^^^ *^^*^
shall have and enjoy all such goods, chattels, jewels, plate, plate, &c.,
ornaments, and other moveables, as were, or be, the common ^^ ^^^^y
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 shal°be^^^
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 ° ^J^^'^^"
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 Winchester,
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 within this realm of England or Wales, nor to the
churches. , i-
manors, lands, tenements, or other hereditaments of any of
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
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. 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.
Pur- And over that, it is ordained and enacted by the authority
chasers of Qf tj^jg present Parliament, that all and every person and
college,' persons being in life, which have or has for any sum of
&c., lands j-noney to him or them paid, bargained or sold any manors,
may claim , , , t r • t ^
repayment lands, tenements, or other hereditaments aforesaid, where-
ofpurchase ^^^^q ^-j^g j^j^g our sovereign lord is entitled by virtue of this
from Act, shall repay to such person as so bought any of the said
vendors, 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.
AH And be it further enacted by the authority aforesaid,
chantry, ^j^^^. ^jj ^^^ g^gj-y of the said chantries, colleges, and free
colles'e
&c., lands chapels, and other the premises, given, hmited, or appointed
shall be ^Q ^j^g I5. jjjg i^y this Act, and all the mansion houses, manors,
survey 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 augmenta-
be vested, adjudged, and deemed, or shall be in the ^io^s.
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- ^^"f '^j
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 by the authority aforesaid, that this Act or anything therein
the gover- contained shall not extend to any manors, lands, tenements,
norsofany possessions, or hereditaments, which the said masters,
colleges, r ) J 5
&c., were wardens, ministers, chantry priests, incumbents, or other
seized to ^j^ -^ governors, officers, ministers, or rulers of the
their own & > > '
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
the S3.1Q
colleges ^^ parcel of any of the said colleges and other the premises
Lxviii] HISTORY OF THE ENGLISH CHURCH 349
aforesaid, or of any of 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 fJenj-v ^
the said deans, masters, wardens, ministers, chantry priests, VI 1 1 or
incumbents, governors, or rulers of the premises or of any ^.^ ^*
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, or 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 f^T^ ^^
giver of any of the said promotions or premises, or giver, yearly
donor, or feoffor of any their lands, tenements, possessions, ^r??' ?^\
or other hereditaments, as all and every person and persons, of any
bodies politic and corporate, which before the making of r^^"^^^'
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- ^^^_ ^^^"^
bent, minister, or other, having any of the said spiritual pounded
promotions, or incumbencies, have or shall compound for f°uits^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 c 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 ? j t- >
into the Other sums of money payable out of or for any of the pre-
to be^c"^- ^"^^s^S' ^^ ^^y °f 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 ^^^ every letters patent made by the said late King
misesmade j r j o
by Henry Henry VIII, or by the king's majesty that now is, or here-
^^(/' ^'^ ^^^^^ ^° ^^ made by his highness, to any person or persons,
be made, or to any archbishop or bishop, of any of the said colleges,
^^^^^•^^' chantries, free chapels, or other the premises, or any part
royal or parcel of them, or of any lands, tenements, or here-
^h^Tt' d ^itaments 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, ^of^ntarv
provosts, rulers, governors of any deaneries, archdeaconries, grants of
treasurerships, prebends, free chapels, chantries, or colleges 1^^\^^^q.
within this realm of England and other the king's majesty's party to the
dominions, or any of the patrons, founders, donors of any ^^^'^^ *
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 -^ enacted by the authority aforesaid, that all and every
confirmed. j j y j
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
f^ Ih^^ politic 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 CHURCH 353
successors, and assigns, and other than such ecclesiastical 1547.
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 parsonaajes or vicarages, or of any ^^ ^^^^^
^ ^ ^ '' parsons or
part or parcel thereof, or of anything to them or any of them vicars
belonging or appertaining. ■^oi<^-
Provided also, that this Act, or anything therein con- Saving for
tained, shall not in any wise extend to hinder or prejudice J:°rf
•' ^ •' Cobham in
George Brook, knight. Lord Cobham, his heirs or assigns, respect of
for or concerning the late college of Cobham in the county ^obham
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, extend°t
shall in any wise extend or be prejudicial or hurtful to corpora-
the general corporation of any city, borough, or town within ^^.°P^ °5^
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, free chapels, chan- &c.,within
- , . , . the Duchy
tries, or other the premises, being appointed and given to of Lan-
A a
354 DOCUMENTS ILLUSTRATIVE OF THE [lxviii
1547. the king's highness by the authority of this Act, as be
be^within within the Duchy of Lancaster, and all manors, lands,
the survey tenements, and hereditaments pertaining or belonging to
Duchv ^^^ same 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 seai
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-
thrcoUeee ^^^^' ^^^^ ^^^^ -^^^j ^^^ anything therein contained, shall
or chantry extend to the college or chantry of Attleborough in the
bo^ugh 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 ^i^^cted, 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 dis- commissioners, to alter the nature and condition of all man-
pose them ner of obits, as well within the Universities of Cambridge
ygg 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 ^^^^^ *^^^
advantage
politic or corporate, by reason of any remainder, use, or of any
condition, to enter into, claim, or challenge any lands, tene- condition
IT r 1 1 • • for not
ments, or hereditaments, for the non-domg, not nammg, 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, statute
•' ■' ' shall give
tenements, possessions, or hereditaments whatsoever, that no copy-
any master, dean, prebendary, warden, or chantry, or any ^°^^ ^^"^
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-
lold lands to the king's highness ; and also provided that the
dng's highness, his heirs or successors, shall not in any wise
lave, hold, enjoy, or take, by virtue of this Act, or any
irticle therein contained, any manner of copyhold lands,
:enements, possessions, or hereditaments, whatsoever they
3e : but that all and every of the said parsons and incum- Parsons
1 n 1 1 1 1 T . 1 1 • 1 • and incum-
)ents shall have, hold, and enjoy the same durmg their bents shall
ives, towards their pension and yearly living, paying their ^"ioy such
1 1 • 1 • 1 -1 ,-1 1 lands for
ents and doing their customs and services thereof due and Hfe
ccustomed ; anything in this Act to the contrary notwith- towards
. . their
tanding. pensions
Provided that this Act shall not extend to any lands. This Act
enements, or hereditaments assigned, appointed, or intended "°*^°
or 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, &c.,
before 37
Hen. VIII,
not charge-
able with
tithe.
Grants, &c.
made by
HenryVIII
or Edward
VI of
colleges,
chantries,
&c., con-
tirmed.
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 357
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 Praj'er-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 realm of
England and in Wales divers forms of common prayer,
commonly called the service of the Church ; that is to say,
the Use of Sarum, 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- ^o^^^."^ to
ness of his subjects in that behalf, of his great clemency from
has not been only content to abstain from punishment of P""^shing
■' ^ innovators,
those that have oifended in that behalf, for that his highness appointed
taketh that they did it of a good zeal: but also to the ^^°"^"^^^"
intent a uniform quiet and godly order should be had con- consider
cerning the premises, has appointed the Archbishop of '^.^ P^^' ,
Canterbury, and certain of the most learned and discreet to draw up
bishops, and other learned men of this realm, to consider °"^ ""^"
form order
and ponder the premises ; and thereupon having as well ofCommon
eye and respect to the most sincere and pure Christian P^ay^^-
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 <^^"f^^°^s
uniform agreement is of them concluded, set forth, and in theBook
delivered to his highness, to his great comfort and quiet- o^Common
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- ^^^".^
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''^^^ '^^*
gathering and collecting the said archbishop, bishops, and offenders
learned men together, as the godly prayers, orders, rites, ^^ ^° *^^
53.1X1 CaOLllCF
and ceremonies in the said book mentioned, and the con- than those
siderations of altering those things which be altered and"°^^'t^^
. . ° Tower or
retammg those thmgs which be retained in the said book, in the
360 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
be i33.r*
doned ^^^^ ^'^^ 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 ^nd 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-
enjoined . i 1 , -, 1 nyr •
throughout cost next commg, be bound to say and use the Matms,
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
"^(?^th ^^^^ occasion to every honest and conformable man most
rites and willingly to embrace them, yet lest any obstinate person
^^^^". who willingly would disturb so godly order and quiet in this
monies ^ ■' o j t.
according realm should not go unpunished, that it may also be
% th^ "^^ ordained and enacted by the authority aforesaid, that if any
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 ^"a^ner^of
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 de-
or depraving of the said book, or anything therein con- [J^g^gJi^
tained, or of any part thereof; and shall be thereof lawfully book shall
convicted according to the laws of this realm, by verdict of J^j^Q^g!
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 ^^^^f^^
profit of such one of his spiritual benefices or promotions oflfence;
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 Q^g°"e
imprisonment by the space of one whole year, and also
shall therefore be deprived ipso facto 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.
for the
third
offence.
Penalties
in the case
of un-
beneficed
persons.
Penalties
for speak-
ing against
the said
book in
plays,
songs, or
open
words : —
for the
first
offence ;
against any of the premises the third time, and shall be
thereof in form aforesaid lawfully convicted, that then the
person so offending and convicted the third time shall
suffer imprisonment during his life.
And if the person that shall offend and be convicted in
form aforesaid concerning any of the premises, shall not be
beneficed nor have any spiritual promotion, that then the
same 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.
And it is ordained and enacted by the authority above-
said, that if any person or persons whatsoever, after the said
feast of Pentecost next coming, shall in any interludes,
plays, songs, rhymes, or by other open words declare or
speak anything in the derogation, depraving, or despising
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
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 og-gn^g .
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 for 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 inpayment
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 jus-J^^^^"^
•' ■' -^ ' •' terminer
tices of assize, shall have full power and authority in every shall
of their open and general sessions to inquire, hear, and de- '^-^/^llf-
termine 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
their ^ ^^^ associate himself, by virtue of this Act, to the said
pleasures, justices of oyer and terminer^ or to the said justices of
the^aid ^ssize, 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 oifences aforesaid.
Proviso for Provided always, that it shall be lawful to any man that
private use understands the Greek, Latin, and Hebrew tongue, or
of prayers o j
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
fearnin?^ tongues in the Universities of Cambridge and Oxford, to
they may use and exercise in their common and open prayer in their
saidopenly <^h^P^^s (being no parish churches) or other places of
in college prayer, the Matins, Evensong, Litany, and all other prayers
MasTonlv ^^ 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
pray'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
^\W^t 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 im- ^" ictment
peached 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 ahvays, and be it ordained and enacted by the Peers to be
authority aforesaid, that all and singular lords in the Parlia- ^'"^t^ ^^
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 ^^^cers of
mayors, bailiffs, and other head officers of all and singular not com- '
cities, boroughs, and towns corporate within this realm, "^°-^^-^ ,
Wales, Calais^ and the marches of the same, to the which justices of
justices of assize do not commonly repair, shall have full ^^^^^>
power and authority by virtue of this Act to inquire, hear, power as
and determine the offences abovesaid, and every of them ?^^4
' •' justices.
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 siasScal^'
366
DOCUMENTS ILLUSTRATIVE OF THE [lxix
1549.
courts to
take cog-
nizance of
and punish
offences
under this
Act.
The same
person
shallnotbe
punished
by both
tribunals
for the
same
offence.
bishops, and every of their chancellors, commissaries, arch-
deacons, and other ordinaries, having any peculiar ecclesias-
tical jurisdiction, shall have full power and authority by
virtue of this Act, as well to inquire in their visitations,
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.
Provided always, and be it enacted, that whatsoever
person offending in the premises shall for the first offence
receive punishment of the ordinary, having a testimonial
thereof under the said ordinary's seal, shall not for the same
offence again be summoned before the justices; and
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 better for
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, °^^ ^°
°' '-' ' answer in
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 |fr^Y^^°'
Commons in this present Parliament assembled, and by the the mar-
authority of the same, that all and every law and laws "^^^
positive, canons, constitutions, and ordinances heretofore siastics
made by the authority of man only, which do prohibit or ^^^pj^^'^d
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
368 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-
marnage g,^\^ that this Act, or anything therein contained, shall not
to be J y o J
informally extend to give any liberty to any person to marry without
celebrated, ageing 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^-g p^^^ qj. anything therein contained, shall not
made, to ' ^ j o
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^the^^^^^
istration of the sacraments to be used in the mother tongue previous
within the Church of England, agreeable to the word of God fo^m^f ^''''
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, ^^'^ ^^^^
and living either without knowledge or due fear of God, do persons
wilfully and damnably before Almighty God abstain and ^^^^"^
•' •'. o y themselves
refuse to come to their parish churches and other places from
where common prayer, administration of the sacraments, ^^"^^1^*
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 ^° ^^^o^' to
° ' services on
in this present Parliament assembled, and by the authority Sundays
of the same, that from and after the feast of All Saints next ^"^ ^°^^
days
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 during the time of the common prayer, preach-
siastical ings, or Other service of God there to be used and ministered,
censure, upon pain of punishment by the censures of the Church.
Ecclesias- And for the due execution hereof, the king's most excel-
auUiorities ^^'^^ majesty, the Lords temporal, and all the Commons
charged in this present [Parliament] assembled, do in God's name
due exe^cu- ^^^^^^stly 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-
thereof ^^^^ enacted by the authority aforesaid, that all and singular
directed to the same archbishops, bishops, and all other their officers
fhose 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,
have arisen ^^^ because there has arisen in the use and exercise of
as to the the aforesaid common service in the church, heretofore set
sen!ice 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 \^^\^i^^^
and fit to stir Christian people to the true honouring of and
Almighty God, the king's most excellent majesty, with the g^ g^^^^'
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, ^^q^^^^^'
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, ^^^^^ ^^ *°
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. that if any manner of person or persons inhabiting and
Penalties being within this realm, or any other the king's majesty's
present at do^'^inions, shall after the said feast of All Saints willingly
any other and wittingly hear and be present at any other manner or
service ^^xm 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 terminer, 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.
This Act to And for the more knowledge to be given hereof, and
and ex- better observation of this law, be it enacted by the authority
plained in 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 18. 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- P^^'^"
ness's realm in times past through the diversity of opinions religious
in questions of religion, and hearing also that now of late, d^^'^^^^Jy
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 ^"^^" 's-
■> ^ ^ and would
of this realm, and other dominions thereunto belonging, wish her
cannot now hide ^ that reli£jion, 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 religion.
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 w^orld 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.
a. Re-
ligious
compul-
sion will
not be used
at present,
but strife
and con-
tention are
forbidden,
whilst
peace and
godliness
are to be
cultivated.
And yet she doth signify unto all her majesty's loving
subjects, that of her most gracious disposition and clemency,
her highness minds not to compel any her said subjects^
thereunto, unto such time as further order, by common
assent, may be taken therein ^ ; forbidding nevertheless
all her subjects of all degrees, at their perils, to move
seditions or stir unquietness in her people, by interrupting
the laws of this realm after their brains and fancies, but
quietly to continue for the time till (as before is said)
further order may be taken ; and therefore wills and
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 would be glad,' &c.
1 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 f." ""'
sufficient authority, to preach and interpret the word of God printing,
after their own brain in churches and other places, both ^^'Clt ,
^ ' prohibited
public and private, and also by playing of interludes, and under
printing of false fond books and ballads, rhymes, and other P^"^"^'
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
her said subjects, that none of them of their own private ment of
authority do presume to punish or to rise against any offenders
J ^ ^ ° ■' or rebels is
offender in the causes abovesaid, or any other offender in to take
words and deeds in the late rebellion committed or done P^^^^^J
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 zil
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 Acts hereafter Recent in-
mentioned, as well the divine service and good adminis- "°yj^^°"^
o m 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 °f op^^io^s
. . and sects
of diverse and strange opmions and diversities of sects, and have
thereby grown great unquietness and much discord, to the ^"2^"*
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 ^^^^ain
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, Parliament, entitled, An Act against such Persons as should
Do^c'ument irreverently 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-
videT>oQ.n- ^^^^ °^ ^^^ Sacraments throughout the Realm ; and also one
ment No. Other Act made in the session last before [named], which is
entitled, An Act to take away all positive Laws made against
2 & '3 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 orderinar of the ecclesiastical
' ^' ^^' 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 ^^ ^ ^^^•
the Sacraments ; and one other Act made in the same last vide Docu-
session, entitled. An Act for the Keeping of Holy Days and l"^^/^°-
Fasting Days; and one other Act made in the session last o^gpj
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 ^i^ice 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 2°'. ^553,
3.S in. i3.Sl
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 VHI.
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 jurisdiction, 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-
enforced.
fore in the time of Kmg Henry VIII used withni 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- ^ . . . ' , . ,. . , 1
self regia writings in process, or other extra-judicial acts, do use to put
audontate \^ ^j^jg clause or sentence : ^ Regia auctoritate fulcitus.^
fulcttus.
No oath 3* •'■^^"^' ^^^^ ^° bishop, or any his officers, or other
of supre- person aforesaid, do hereafter exact or demand in the admis-
^^^^ *^d d ^^°" °^ ^'^y person to any ecclesiastical promotion, order, or
of eccle- office, any oath touching the primacy or succession, as of
siastics. j^^g^ -j^ fg^ 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-
t3.ri6s to b^
beneficed, ge^^ce 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 ^^ undue
leases to
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 ^o be
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 .^g _
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^re-^
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.
with the
wife's con-
sent, to be
pardoned
after
penance.
9. Married
priests or
' vowed
persons '
to be
divorced.
10. Neigh-
bouring
priests to
officiate in
vacant
parishes.
11. Re-
vival of
Latin pro-
cessions.
12. Holy
days to be
restored.
13. Cere-
monies to
be re-
stored.
women do yet remain in life ; and likewise such priests
as, with the consents of their wives or women, openly in the
presence of the bishop, do profess to abstain, to be used the
more favourably : in which case, after penance effectually
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. Item, that every bishop, and all persons aforesaid, do
foresee that they suffer not any religious man,* having
solemnly professed chastity, to continue with his woman or
wife ; but that all 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. Item that every bishop, and all other persons afore-
said, do take order and direction, with the parishioners of
every benefice, where priests do want, to repair to the next
parish for divine service ; or to appoint for a convenient
time, till other better provision may be made, one curate
to serve alternis vicibiis in divers parishes, and to allot to
the said curate for his labour some portion of the benefice
that he so serves.
11. Item, that all and all manner of processions of the
Church be used, frequented, and continued after the old
order of the Church, in the Latin tongue.
12. Item, that all such holy days and fasting days be
observed and kept, as was observed and kept in the latter
time of King Henry VIII.
13. Item, that the laudable and honest ceremonies which
were wont to be used, frequented, and observed in the
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- ^'^•. ^"^:
■' ^ ' telling 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, ficiency 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 homilies, or otherwise, for the good pleached
instruction and teaching of all people ; and that the said and atten-
bishop, and other persons aforesaid, do compel the parish- ^^Q^p^yJ? ^
ioners to come to their several churches, and there devoutly sory.
to hear divine service, as of reason they ought.
17. Item, that they examine all schoolmasters and teachers 17- Sus-
of children, and finding them suspect in any wise, to remove scho^ol-
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. ta^u°^ht°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 setting forth of the premises with all kind of virtue, living
godly living, and good example, with repressing also and '° ^^ ^""
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, v^ithout mentioning their repeal by
Henry VIII 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 ^yj^j^^j-^ Qf ]^^-g j^g^yg j-igen, ejrown, and much increased within
increased ' ° '
for lack of this realm, for that the ordinaries have wanted authority to
authority pj-Qceed asfainst those that were infected therewith : be it
to punish ^ ^
it. therefore ordained and enacted by authority of this present
Revival of Parliament, that the statute made in the fifth year of the
St. 2 cap.'s. reign 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
T J T"\7 ^-^ «-j
cap Ts ' 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. I, 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 385
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 ^^^- ^^^^•
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 ^^^
from the obedience of the See Apostolic, and declined from from
the unity of Christ's Church, and so have continued, until obedience
1 • • ^ • r- -11^1 1 *^o Rome,
such tune as your majesty bemg first raised up by God, and and so con-
set in the seat royal over us, and then by His Divine and tmued till,
..... . -1 , , , on the
gracious providence knit in marriage with the most noble queen's
and virtuous prince the king our sovereign lord your hus- inamage,
band, the pope's holiness and the See Apostohc 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 OF THE [lxxvi
1554. And we, after sundry long and grievous plagues and
The nation calamities, seeing by the goodness of God our own errors,
received
jjo-ain into have acknowledged the same unto the said most reverend
the Roman father, and by him have been and are the rather at the
promise of Contemplation of your majesties received and embraced
repeal of into the unity and bosom of Christ's Church, and upon our
ao^ainst humble submission and promise made for a declaration
papal su- of our repentance, to repeal and abrogate such Acts and
statutes as had 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
queen 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
pentance . , , , . i, • i • ^• - ^• j
to the said body universally, in this our supplication directed to
papal your majesties, with most humble suit, that it may by your
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 F
T
ie
iiiii
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 Jjp^^^^he
Julius ni and of the See Apostolic, assoiled, discharged, of the
and delivered from excommunications, interdictions, and ^ff '"^ '''^"^
' ' 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 accompHshment 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, ^^^ follow-
^ r J L } jrjg laws
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 v°in !"'
VHI, 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 ^^^.^^^
' -^ ° ° against
Df most famous memory. King Henry VHI, one Act was then pluralities;
md there made against pluralities of benefices, for taking of
"arms by spiritual men and for non-residence, in the which
\ct, amongst other things, it was ordained and enacted, that
f 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 an
clauses, and every of them, shall from henceforth be r
bishc
An
Actc
exact]
Mm,
Lxxvi] HISTORY OF THE ENGLISH CHURCH 389
pealed, annulled, revoked, annihilated, and utterly made 1554.
Jvoid 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 t^g^^ °^
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 ^ence "•
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 ^"^^^ ^^^^^
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 gtrdnt of^
King Henry VIII, and there continued by divers proroga- annates,
tions until the fourteenth day of April in the twenty-seventh JJJ^^^ ^^'
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 in the sub-
the five-and-twentieth year of the reign of the said late king, [he^cfergy
there was also one Act made, entitled, The submission of vide Docu-
the clergy to the king's majesty ; ]J^j^" °'
And one other Act, entitled, one Act restraining the said theabso-
payments of annates or first-fruits to the Bishop of Rome, JJraint'of
and of the electing and consecrating of archbishops and annates
bishops within this realm ; cra'liToT
And one other Act was then and there made, entitled, An prelates,
Act concerning the exoneration of the king's subjects from J^^^^ ^^'
lexactions and impositions before that time paid to the see of LII ;
Rome, and for having licences and dispensations within this ojfe^^jon
realm, without suing further for the same. from pay-
ments to
* Sic, Rome and
of those
statutes.
390 DOCUMENTS ILLUSTRATIVE OF THE [lxxvi
1554. Be it enacted by the authority of this present Parliament,
as to grant- t^^t the Said several Acts made for the restraint of payments
sations, o^ the Said annates and first-fruits, and all other the said
vide Docu- ^/\cts niade in the said twenty-fourth and twenty-fifth years
LIII. 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
every of them 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
■Til *
Act°^^r^ present 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 kings twenty- sixth year of the reign of the said late King
supre- Henry VIII, entitled, An Act concerning the king's high-
macy, viae j j ^ 000
Document ness to be supreme head of the Church of England, and to
No. LV ; have 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 within this realm ;
committee And one other Act made in the twenty-seventh year
ecckslas""^ of the reign of the said late King Henry VIII, entitled, An
tical laws ; Act whereby the king should have power to nominate 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 reiajn
pope s o • o
authority ; of the said late King Henry VIII, entifled. An Act extin-
guishing the authority of the Bishop of Rome ;
release of And also one other Act made in the same Parliament, en-
oMafnTd ° titled, An Act for the release of such as then had obtained
licences pretended licences and dispensations from the see of Rome;
Rome • ^"^ ^^^^ ^^^ ^^^^ P^""^ ^^ ^^^ ^'^^ made 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.
realm, that concerns a prohibition to marry within the P^i"^ of Act
of Succes-
degrees expressed m 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 ^jgj^^"!
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, begun in the said one-and-thirtieth year, jj^gp^e"'
holden upon prorogation the two-and-thirtieth year of the contracts
of ma
riage
reign of the said King Henry VIII, entitled, An Act con- °^"^^^-
cerning pre-contracts of marriages, and touching degrees of
consanguinity ;
And one other Act made in the Parliament holden at and an
Act for
Westminster in the thirty-fifth year of the reign of the said ratifying
late King Henry VIII, entitled, An Act for the ratification the kings
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 holden at West- Repeal of
minster in the five-and-thirtieth year of the reign of the said Act/^°^
late King Henry VIII, one other Act was made, entitled, against
An Act concerning 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 where also one 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 ^Y^Q authority of this present Parliament, that the said
civil law to
exercise Act last before mentioned, and all and every branch,
ecclesias- article, sentence, and matter contained in the same, shall
tical juris-
diction, from henceforth be repealed and utterly made void and of
none effect.
Repeal of And where one other Act was made at the first session of
of^the^^^^^ the Parliament holden at Westminster in the first year of the
statute of reign of King Edward VI, entitled. An Act for the repeal
^' . of certain statutes concerninsr treasons, felonies, &c. : in
as derogate ...
from the the which Act, amongst other things, there is contained
papa su- certain provisions, pains, penalties, and forfeitures, for and
premacy. '■ > f > f j '
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,
aU^st^atutes ^^^^ ^^^ clauses, sentences, and articles of every other statute
made or Act of Parliament, made since the said twentieth year
papaT °^ ^^'^^ reign of King Henry VIII, against the supreme
Lxxvi] HISTORY OF THE ENGLISH CHURCH 393
authority of the pope's holiness or See Apostolic of Rome, 1554.
or containing any other matter of the same effect only, that supre-
/• • 1 1 11 i_ 1 u niacy.
is repealed in any of the statutes aforesaid, shall be also by
authority hereof from henceforth utterly void, frustrate, and
of none effect.
And whci^'e 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 a°rticks"^
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-
tinuinsr, 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 "lay stand;
ever.
Item, that marriages made mfra gradus prohibitos con- that ^
„.. .. ..,. u-i marnages
sangutmtatis, affinitatis^ cognaftofits sptritualis^ or which made
might be made void propter impedimentum publiccB hones- within 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
(Sof^may marriages 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 \/ithal.
also insti- That institutions of benefices, and other promotions
tutions to ecclesiastical, and dispensations made according to the form
benefices, ' ^ °
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
appe s. likewise ratified and confirmed.
Grantees And finally, where certain Acts and statutes have been
of eccle- made 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 ^ ir
in title, chantries, colleges, and all other the goods and chattels of
confirmed religious houses ; since the which time the right and dominion
in their o ; o
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 thp 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 IhereuDon
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 H°f " jt^e
the Parliament of the kingdom is being held, with all due Church
humility and reverence, show to your majesties that although ^" ^
we, by the appointment of sacred canons, have been appointed her lost
defenders and keepers of the churches to which, as bishops, P°^^^^"
deans, archdeacons, rectors, and vicars, we have been pre- yet, after
ferred, and of the souls which are subject to us and to our j-^^j.^^j'^^^
care, and of the goods, jurisdictions, and rights of the same, recogniz-
and moreover ought to strive, by every endeavour and with ^"^^ ^.
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 ;
396
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.
We 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 '^^^ 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 and qu'fen
said letters of dispensation is contained more at large : the ^fs given
, r dispensa-
tenor whereof ensues : tion as
requested
[Translation.] 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 Apostolic See, to the most serene Philip and Mary, ^^^^'"? '^'s
^ ' ^ J ' 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-
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 also as^to^tSn"s
many dispositions and provisions of benefices were made, done
and many persons, who were induced to believe that dis- 1^"" "^ ' ^
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 verba de prcssenti, 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 wiUing 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
tion^oTth ^^ ^^^ diocese of Canterbury, representing almost the whole
Convoca- body of cGclesiastics of the realm, whom this matter of eccle-
P°" ° _ siastical goods chiefly affects, 4iave 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 Jg^^jJ^jig
Julius III, sent legate de Latere of him 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 |JJ£oi.rance
on this, that no molestation be offered to the possessors of of preserv-
these ecclesiastical goods, in their possession of them, and ^"fion^ijj
that the intercession of your majesties, who have so stu- tranquillity
diously and piously laboured for the unity of the Church f " fo the"
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
from all suffering to be absolved, whomsoever to whom the things
ecclesias- ° °
tical pains, within written belong, from whatsoever ecclesiastical sen-
holders of tences, censures, and pains of excommunication, suspension,
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 we 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
certam persons of the realm aforesaid who may have, knowingly or
within ignorantly, actually contracted marriages in any degree of
de°re*^'^^ 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 -Jj^Jfj ^j
spiritual matters, by pretended authority of the supremacy ordained
of the English Church, and who have returned, at heart, to ^^■^^^^ .
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^a^nd
well ordinaries as delegates and lay, upon spiritual matters sentences
and the sentences pronounced upon them, although passed g^clesias-
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 ^j^j^^ ^.^
said ecclesiastical goods, as well moveable as immoveable, ecclesias-
shall not be, in the present or in the future, molested, dis- anyChurch
quieted, or disturbed in the said goods or in the possession decree to
of them, either by the dispositions of councils, general or tj-a^ryTot-
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; ^jning'^"
and whatsoever shall happen to be attempted otherwise, we otherwise
Dd
402
1554.
being
taken
away.
Vet 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,
&c.
DOCUMENTS ILLUSTRATIVE OF THE [lxxvi
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, in respect 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, 1554, 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
\^Transcript.^
We the said Lords spiritual and temporal, and Commons Prayer of
in this present Parliament assembled, rendering most ^^^ Lords
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 p°nsa^tion
contained in the said dispensation, as well touching the confirmed
establishment of archbishoprics and cathedral churches, as ^7 ^^'
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, *^^ acqm-
hospitals, houses of friars, chantries, and other religious and HenryVIII
ecclesiastical houses and places, and the manors, granges, of ^^5^^
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
ecclesias- and bishopries, and many and sundry late deaneries, colleges,
^ ert ^b°' chantries, rectories, prebends, free chapels, guilds and
Edward VI fraternities, manors, houses, granges, lands, tenements,
an 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 politic
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 legate
the said dispensations removed and taken away all matter of ^^^ ^^s^<^
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, title to any
tenements, possessions, and hereditaments as were of late Church
belonging to any of the said archbishoprics, bishoprics,
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 ^^ ^^^^ ^_"
grounded in the laws, statutes, and customs of the same, dom is
and by your high jurisdiction, authority royal, and crown ^y^^^.^ ^" ^
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 j"? 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 enjoy all and every their estates,
holders of rights, 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-
trie SSITIG , . , 'ITT
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
11 Ch" * h P^^sent Parliament, that as well your majesty, sovereign
property lady, your heirs and successors, and also all and every other
confirmed, person 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 qjjj^^^°
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 statutes^
contained or specified in any Act or Acts of Parliament concerning
concerning or touching the assurance or conveyance of any ^j^^e^cff"'^'
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 rehgious 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 y j j j
to Henry conveyed, had, or made to our said late sovereign lord
yj^^' , King Henry VIII, or to our said late sovereign lord King
VI, and all Edward VI, or either of them, or to any other person or
other persons, bodies politic or corporate, or to any of them, by
persons, of "^^ ' ^ r- j j ? y
Church deed or deeds. Act or Acts of Parliament or otherwise, of
lands. ^j^y ^]^g 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
politic, 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 "^°^^sting
J J ^ 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- ^"P^^"
macy, or supreme head of the Church of England and of though
4IO
DOCUMENTS ILLUSTRATIVE OF THE [lxxvi
1554.
never just
or lawful,
shall not
impugn the
validity of
instru-
ments in
which
used.
Nor shall
its
omission.
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"^
r b ' ' 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 [^q^Jj" .^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 [^^^ °j^ ^^ ^
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
{sic) 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 churches 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
, . • 1 1 r t)y recon-
devotion shall mcrease and grow m the hearts of many ciiiationto
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 ° ,
' tee simple
of any manors, lands, tenements, parsonages, tithes, pen- of land,
sions, portions, or other hereditaments whatsoever, in fee ^^:' ^°
simple, in possession, reversion or remainder, in their own bodies,
rights, not being copyhold, may thereof make feoffments, [°^iJ^g °^
grants, or any other assurances, or by his last will and founded,
testament in writing may bequeath and give in fee simple ]J^^^j.
all and every the said manors, lands, tenements, parson- licence of
ages, tithes, pensions, portions, or other hereditaments, to inortmain.
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 manu77i mortuaui 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 ggJ^^J^gg^
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 amortizine; of lands or tenements, ^ ,
■' ° ' power to
shall continue for and during the space of twenty years the term of
next and immediately following, and no longer. twenty
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 is ^" ^^^^ session of this present Parliament, by any manner
to be pre- of interpretation, construction, implication or otherwise,
the'liber° ^^^^"*^ ^0 derogate, impair, or diminish any of the preroga-
ties of the tives, liberties, franchises, pre-eminences, or jurisdictions of
rown, yQ^j. (,j.Q^j^ 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,
^^^^^ or articles in the preambles or body of the Acts afore-
remain as . ^ ''
in 2o Hen. Said, shall be construed, understood, or expounded to
^^^^- 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 2o Hen. crown of this realm, or did belong to your said imperial
Vin. 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-
hkewxse. (jfction 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 |° religious
to be made to such spiritual corporations or persons as is be in frank-
aforesaid, the donor, feoffor, or devisor thereof may reserve ajmoigne,
' -' 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^<^^^^
' 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 Qida 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 politic and corporate, which ^^^^^y ^^^
'■ r- J r 1 > recovery of
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, &c.
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^ persons having in times past the office of ministry in the
lar preach- Church, which now do purpose to use their former office in
preaching and ministry, and partly have attempted the
ing and
ministry
tending to same, assembling 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
clerical, •' ' "^
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
yetGospel, Epistles, commonly called the Gospel and Epistle of the
Epistle, ^^y^ ^^^ ^Q ^j^g 'Pgj^ Commandments in the vulgar tongue,
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 419
but that which is already used and by law received ; or the i'>9.
common Litany used at this present in her majesty's own Lord .
chapel, and the Lord's Prayer, and the Creed in English ; and Cre*.
until consultation may be had by Parliament, by her ^^,^
•^ ' ■' allowed,
majesty and her three estates of this realm, for the better in English,
conciliation and accord of such causes, as at this present "."*^' ^^\~
. Iiament is
are moved m 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- ^^^^^^^ ^"^
o ^ ' o ' advance-
versal charity and concord amongst her people, her majesty ment of
most desireth, and meaneth effectually, by all manner of ^ P'^^{
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.
Cecil and his advisers, were ready in June of 1559 for the visitors
to take round. Their basis is the series of Injunctions published
under Edward VI in 1547. They follow that series for the most
' The Edvvardine Injunctions of 1547 may be seen in Cardwell's
Doiiimeniary Annals i. p. 4.
E e
4i6
DOCUMENTS ILLUSTRATIVE OF THE [lxxviii
These In-
junctions
are to be
observed
under
penalty by
thequeen's
subjects.
I. All
ecclesias-
tical per-
sons to
observethe
royal su-
premacy,
and to
preach
against the
papal usur-
pation.
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).]
The queen's most royal majesty, by the advice of her
most honourable council, intending the advancement of the
true honour of Almighty God, the suppression of super-
stition throughout all her highness's realms and dominions,
and to plant true religion to the extirpation of all hypocrisy,
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. The first is, that all deans, archdeacons, parsons,
vicars, and all other ecclesiastical persons shall faithfully
keep and observe, and as far as in them may lie, shall cause
to be observed and kept of other, all and singular laws and
statutes made [for the restoring to the crown, the ancient
jurisdiction over the state ecclesiastical, and abolishing of
all foreign power, repugnant to the same^]. And further-
more, all ecclesiastical persons having cure of souls shall,
^ 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, i nd
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 power 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.
II. Besides this, to the intent that all superstition and 2. Images,
hypocrisy crept into divers men's hearts may vanish away, ^^ ^^^' ?^''
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
yrace ought to be both asked and looked for only of God,
is of the very Author and Giver of the same, and of none
Dther.
III. Item, that they, the persons above rehearsed, shall 3- Monthly
preach ^°] in their churches, and every other cure they have, tQ™°^^
)ne sermon every [month "1 of the year at the least, wherein preached,
hey shall purely and sincerely declare the word of God, ^^jj ^^_
md in the same exhort their hearers to the works of faith, nounce
as '^] mercy and charity especially prescribed and com- ^."P^'"^^^'
nanded in Scripture ; and that [the ^^J works devised by
* Om. ^ the Bishop of Rome's usurped power and jurisdiction.
" was of. * or. s j^j^j
^ king's. ' his. ^ Om.
^ for any superstition or lucre ; nor allure the people by any
nticements to the pilgrimage of any saint or image ; but, reproving
he same.
^^ make or cause to be made. " quarter. *^ Om.
E e 2
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
read a ' year at the least, one sermon, being licensed especially
homily, thereunto, as is specified hereafter ; or else shall read some
quarter. homily prescribed to be used by the queen's authority
every Sunday at the least, unless some other preachei
sufficiently licensed, 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
there is no ^j^ \i2L\Q no sermon, they shall immediately after the
sermon ^ ■' •' .
the Lord's Gospel Openly and plainly recite to their parishioners ir
Prayer, ^^ pulpit the Pater noster, the Creed, and the Ten Com-
&c., to be ^ ^
recited. mandments, in English, to the intent that the people ma)
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, o!
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 expressly allowed ' two lights upon the high altar before
the sacrament, which, for the signification that Christ is the verj
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
the Paraphrases of Erasmus also in English upon the and 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
^ Om. 2 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.
422
DOCUMENTS ILLUSTRATIVE OF THE [lxxviii
1559.
8. AU
preachers
to be duly
licensed.
g. Recu-
sants to
be de-
nounced.
lo. Regis-
ter books
to be kept
in a parish
chest.
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
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
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 "^j
council, [or to the ordinary \] or to the justice of peace
next adjoining.
X. Also, that the parson, vicar, or curate, and parishioners
of every parish within this realm, shall in their churches
and chapels keep one book or register, wherein they shall
1 Om. ^ an example.
2 king's majesty the lord protector's grace. * his province.
' king's. ^ the Bishop of Rome's prctcnsed.
' 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 hkewise ; 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 33-. 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 ^].
XL Furthermore, because the goods of the Church are n. Incum-
called the goods of the poor, and at these days nothing is gf^e^to^the
less seen, than the poor to be sustained with the same ; all poor in
parsons, vicars, pensionaries, prebendaries, and other bene- ^o'thd/°"
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.
^ Om. ' benefices.
424
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.
DOCUMENTS ILLUSTRATIVE OF THE [lxxviii
XII. And, to the intent that learned men may hereafter li
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/. 6^. Zd. in^]
exhibition to one scholar [in any of the universities - ;] 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 i;
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 i^
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 Lhe 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
3 the.
'' redub and. ^ he.
* competent.
* the same so repaired.
2 Om.
^ a law.
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.
XVI. Also, that every parson, vicar, curate, [and stipen- 16. All
diary priest',] being under the degree of a [master of art",] u^der
shall provide and have of his own, within three months B.D. to
after this visitation, the New Testament both in Latin and ^^°j^ ^^^
in English, with [paraphrases upon the same*,] conferring the English
one with the other. And the bishops and other ordinaries xel^ment
by themselves or their officers, in their synods and visita- and Para-
tions, shall examine the said ecclesiastical persons, how they ^ ^^^^^•
have profited in the study of Holy Scripture.
XVII. Also, that the vice of damnable despair may be 17- The
clearly taken away, and that firm belief and steadfast hope J^JJ^^
may be surely conceived of all their parishioners, being in suitable
any danger ; they shall learn and have always in a readiness fo^^pas^/^
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 °.
XVIII. Also, to avoid all contention and strife, which 18. The
heretofore hath risen among the queen's majesty's subjects sJbs"kuted
in sundry places of her realms and dominions, by reason for all pro-
cessions
of fond courtesy, and challenging of places in procession; gave at
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 Enghsh, 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
*^h^^ ^° ?^ perambulations, used heretofore in the days of rogations, at
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 anima
meay &c. At which time also the same minister shall
inculcate these or such sentences : ' Cursed be he, which
^ 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 1559.
other order of prayers, as shall be hereafter appointed \
25. XX. Item 2, all the [queen's^] faithful and loving subjects 20. Sun-
shall from henceforth celebrate and keep their holy day suitably^
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. XXI. Also, forasmuch as variance and contention is a 21. Noto-
thinof that most displeases God, and is most contrary to the "°"^
° ^ ' •' sinners,
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 fiock, [which be openly known Holy Com-
munion.
* New.
^ 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
1559. to live in sin notorious without repentance, or^] who hath
maliciously 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.
cere- cures, that no man ought obstinately and maliciously to break
be taught ^^d violate the laudable ceremonies of the Church, [com-
as obliga- nianded by public authority to be observed ^].
' XXIII. Also, that they shall take away, utterly extinct, 29.
Shrines, and destroy all shrines, coverings of shrines, all tables,
removed^ 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 J
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 ofiendeth God.'
Lxxviii] HISTORY OF THE ENGLISH CHURCH 429
charge of the parishioners, in every church shall provide 1559.
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 \^u ^ ^^*
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 ^i^tr'-^ ^
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 ie 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 thf high altar.
DOCUMENTS ILLUSTRATIVE OF THE [lxxviii
1559.
29. Con-
cerning
due
respect for
the clergy.
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, lights,
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 '^j majesty.
XXVII. Also, because through lack of preachers in many 33.
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.
XXVIII. Item, whereas many indiscreet persons do at 34.
this day uncharitably contemn and abuse priests and minis-
ters of the Church, because some of them (having small
' 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 co^ncern-
that the priests and ministers of the Church may lawfully, ing the
for the avoiding of fornication, have an honest and sober ^f^he^^^
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 Yiis.
From this point the Injunctions are either new, or re-enactments
of customs and regulations later than 1547.
432 DOCUMENTS ILLUSTRATIVE OE 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 beijig desirous to have the pre-
clergy to j^^^y ^^^ clergy of this realm to be had as well in outward
be pro-
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 honour 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 : Omnia decenter et secun-
dum ordinem fia7it. i Cor. 14 cap.
31. Heresy XXXI. Item, that no man shall wilfully and obstinately
and error (j^fg^d or maintain any heresies, errors, or false doctrine,
not to be ■' , ^ . .
main- contrary to the faith of Christ and His Holy bpirit.
tained. XXXII. Item, that no persons shall use charms, sor-
Lxxviii] HISTORY OF THE ENGLISH CHURCH 433
ceries, enchantments, witchcraft, soothsaying, or any such- 1559.
Hke deviHsh deyice, nor shall resort at any time to the same 3f-
Charms,
for counsel or help. &c., for-
XXXIII. Item, that no persons shall, nedectinsr their t)idden.
^ 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 01 common j^ time of
prayer, preaching, reading of the Homilies or Scriptures. public
XXXV. Item, that no persons keep in their houses any 35. 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 be^fjlg. °
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- O/ the
use of the
teach the Grammar set forth by King Henry VIII of noble Pnmer.
memory, and continued in the time of King Edward VI,
and none other. ^o 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
<^34
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.
XLI I. 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.
tones 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. delivered.
XLVIII. Item,that weekly upon Wednesdays and Fridays, 48. Ser-
not being holy days, the curate at the accustomed hours of '^'^^^^ ^^^
^W^ednes-
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^?""<^^-
for the maintenance of men and children to use singing in kept. The
the church, by means whereof the laudable science of music f ^^^'rf *°
■' 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 V^^^ *°
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 ^°' ^j!'"
' ^ c- J gious dis-
F f 2
43^
DOCUMENTS ILLUSTRATIVE OF THE [lxxviii
1559.
putation is
forbidden.
51. Print-
ing to be
licensed
under
penalty.
and ceremonies, there happen discords amongst the people,
and 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 pubHcation 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
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, although Almighty God is at all times to be 52- Of
honoured with all manner of reverence that may be devised ; [n^wm-'shtp
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 ^^^j^
received, that in time of the Litany, and all other collects Name,
and common supplications 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 are not to
be heard
subjects be much abused by such evil-disposed persons. For as to the
certainly her majesty neither does nor ever will challenge any q^een s
-'•'■' T 1 intentions,
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.
For 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 3^°^^.^
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 do\vn, 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 as 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 form of bidding the prayers to be used generally in
this uniform 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 nobility 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.
And this done, show the holy-days and fasting days.
All which and singular Injunctions ^ the queen's majesty The rati-
ministers unto her clergy and to all other her loving thelnjunc.
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 Cardwell's Documentary Annals, L
C03 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 April, 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 reign of your most
Mary in o j
making dear father, of worthy memory. King Henry VIII, divers
and repeal- oqq^ jaws 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
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 ^^l^^^J'
rites, jurisdictions, and pre-eminences appertaining to the {aute. 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
eftect.
And that also for the reviving of divers of the said good Revival
laws and statutes made in the time of your said dear father, fQiiQ^^i^o-
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^jij "'
King Henry Vni, 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
y^^J' %^^ reign of the said late King, intituled, An Act that appeals
{ante, No. ^ mi stl
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
r V'^N^° said late 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,
yill, c 19 ^^ p^^^ 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,
7^^J'^N^° intituled, An Act restraining the payment of annates or
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,
lante ^'^o i^^^ituled. 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
l^nte ^i^^ ^^^^ ^^^^ ^^"§' ^J^tit^^^d, An Act for nomination and conse-
LIX). oration of suffragans within this realm ;
28 Hen. And also one other Act made in the twenty-eighth year
VIII, c. 16. Qf ^.j^g j.gjgj^ Qf ^Yit 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
ness, your heirs and successors, as fully and largely as ever ^o^the new
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
4-Vtp Apt Q2
enacted by the authority of this present Parliament, that so ^^^ yjfj^
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, by^^ ^^3
intituled. An Act concerning precontracts of marriages, and Edw. VI,
touching degrees of consanguinity, as in the time of the late the ^0^37
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
or statute, repealed and made void by the said Act of here men-
repeal, made in the time of the said late King 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-
. , ,1 1 /- 1 r tmue re-
and void, m such like manner and form as they were betore 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
the statute 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-
J^°- ward VI, your majesty's most dear brother, intituled, An Act
against ' against such persons as shall unreverently speak against
revilers ^he Sacrament of the Body and Blood of Christ, commonly
of the J y J
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 |-jg further established and enacted by the authority afore-
i&sPhilip 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 |.j^g 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 queer
or queens of this realm, shall have full power and authority mayassign
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
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 p^^^ j^^y j|. please your highness that it may be further
supremacy jyr j o
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
iay 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 refusing to take the said oath, shall immediately after I'^^^^ing
^ ' ■' incapable
such refusal be from thenceforth, during his life, disabled of holding
4-50
DOCUMENTS ILLUSTRATIVE OF THE [lxxix
1559.
office con-
jointly.
The oath
to be
taken
before
entering
on office.
Any pro-
moted,
&c., and
obstinately
refusing,
incapable
of taking
office.
to retain or exercise any office or other promotion which
he, at the time of such refusal, has jointly, or in common,
with any other person or persons.
And that all and every person and persons, that at any
time hereafter shall be preferred, promoted, or collated to
any archbishopric or bishopric, or to any other spiritual
or 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.
And that it may likewise be further enacted by 'the
authority aforesaid, that if any such person or persons, as
at any time hereafter shall be promoted, preferred, or
collated to any such promotion spiritual or ecclesiastical,
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 7nain out of the hands of your jivery of
highness, your heirs or successors, before his or their livery lands,
or ouster le main sued forth and allowed, and every tern- homage,
poral person or persons doing any homage to your highness, or entering
the
your heirs or successors, or that shall be received into ser- queen's
vice with your highness, your heirs or successors, shall make, service,
Sn3.ll t3KG
take, and receive the said corporal oath before mentioned, j.j^g q^^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 j^^j"^
shall be promoted or preferred to any degree of learning Orders or
in any university within this your realm or dominions, ^g^^eeg* ^
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 J^f^gg ^^^
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 foreign ^^ter 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
not having ^^^ \i2i\Q OX 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 •^'l^ value
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.
And that also all and every the benefices, prebends, and Ecclesias-
other ecclesiastical promotions and dignities whatsoever^ forfeited ^^
of every spiritual person so offending, and being attainted, for offend-
shall immediately after such attainder be utterly void to J^fs A'ct^'^
all intents 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 unto 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- Penalty for
tion or attainder, do eftsoons commit or do the said offences, ^ J^<^°"^
^ offence,
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 Pramunire^ made in the sixteenth year of the reign
of King Richard II.
And if any such offender or offenders, at any time after Penalty for
the said second conviction and attainder, do the third ^^^ird
• 1 /•/- offence —
time commit and do the said offences, or any of them, high
\x\ 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 highness, that ^^^^'J^
454
DOCUMENTS ILLUSTRATIVE OF THE [lxxix
1559.
an offender
shall
be im-
peached.
All things
touching
prce-
mttnire,
in I & 2
Philip and
Mary, c. 8,
to con-
tinue in
force.
Proviso
for those
who.
within a
certain
time,
offend
under
statutes
now re-
vived.
it may be enacted by the authority aforesaid, that no
manner of person or persons shall be molested or impeached
for any of the offences aforesaid committed or perpetrated
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.
Provided always, and be it enacted by the authority
aforesaid, that this Act, or anything therein contained,
shall not in any wise extend to repeal any clause, matter,
or sentence contained or specified in the said Act of repeal
made in the said first and second years of the reigns of
the said late King Phihp and Queen Mary, as does in any
wise touch or concern any matter or case of Prcemunire^ or
that does make or ordain any matter or cause to be within
the case of Prczmunire ; but that the same, for so much only
as touches or concerns any case or matter of Prcsmunire,
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.
Provided also, and be it enacted by the authority aforesaid,
that this Act, or anything therein contained, shall not in any
wise extend or be prejudicial to any person or persons for
any offence or offences committed or done, or hereafter to
be committed or done, contrary to the tenor and effect of
any Act or statute now revived by this Act, before the end
of thirty days next after the end of the session of this present
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 reahii shall fortune 1559,
to be indicted of and for any offence that is revived or made Peers to
.be tried by
Prce7mmire or treason by this Act, that then he so being in- 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
'^ ol religion,
religion or cause ecclesiastical, had or made by the authority made by
of this present Parliament, shall be accepted, deemed, inter- *^^^^ Parha-
^ 1 ' ' 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, ^^o"^^^
your heirs or successors, shall hereafter, by letters patent, judge such
under the great seal of England, give authority to have or Jh^^&s
execute any jurisdiction, power, or authority spiritual, or to are so
visit, reform, order, or correct any errors, heresies, schisms, ^^^lared
abuses, or enormities by virtue of this Act, shall not in any Scripture,
wise have authority or power to order, determine, or adjudge J.^^ ^'"^^
any matter or cause to be heresy, but only such as here- general
tofore have been determined, ordered, or adjudged to be Councils,
heresy, by the authority of the canonical Scriptures, or Parlia-
bv the first four general Councils, or any of them, or by "^e"^- '^^^/'^
^ ° ' ■> ^ ■> assent of
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.
be in-
dicted for
offences
under this
Act.
Those
aiding
offenders
shall be
judged
guilty.
The case
of Chet-
wood and
wife : if
the Court
of Rome
upholds
their ap-
peal, that
upholding
shall
stand.
no person or persons shall be hereafter indicted or arraigned
for any the offences made, ordained, revived, or adjudged
by this Act, unless there be two sufficient witnesses, or
more, 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.
Provided also, and be it further enacted by the authority
aforesaid, that if any person or persons shall hereafter hap-
pen to give any relief, aid, or comfort, or in any wise be
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 Prcef?iunire 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.
And where one pretended sentence has heretofore been
given in the Consistory in Paul's before certain judges dele-
gate, by the authority legatine of the late Cardinal Pole,
by reason of a foreign usurped power and authority, against
Richard Chetwood, Esq., and Agnes his wife, by the name
of Agnes Woodhall, at the suit of Charles Tyrril, gentleman,
in a cause of matrimony solemnized between the said
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 reversinoj of the said pretended sen- "-^"^^ 5^^
'■ '■ ° ^ 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 Agnes, *^^" ^'^^^y
and either of them, at any time hereafter, to commence, shall be
take, sue, and prosecute their said appeal from the said pre- pi"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 Asrnes, or either ^^"^^ , ,,
^ ■' o 7 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 §°°^-
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-
458
DOCUMENTS ILLUSTRATIVE OF THE [lxxix
1559.
another
case of
appeal.
said, that where there is the hke 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 or
anything therein contained to the contrary in any wise not-
withstanding.
LXXX.
1559.
Edward
VI's Act
of Uni-
formity
(ante^ 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 Uniformity Acts by
the stringency of its penalties — was passed immediately after the
foregoing, in April 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 ^.^^^ ^^^^^
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 ^-^l^^'
^^ •' ' witn cer-
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.
460 DOCUMENTS ILLUSTRATIVE OF THE [lxxx
1559. And that if any manner of parson, vicar, or other whatso-
Penalty ever minister, that ought or should sing or say common
any other prayer mentioned in the said book, or minister the sacra-
form of ments, from and after the feast of the nativity of St. John
adminb- Baptist next coming, refuse to use the said common prayers,
tration of or to minister the sacraments in such cathedral or parish
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
the Book set 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 |.|jig ^Q^^ ig 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 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
penalty for concerning the premises, shall after his first conviction
a second o r j
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, ipso facto, of all his
Lxxx] HISTORY OF THE ENCLISH 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 ^^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 haying no
same person so offending and convicted shall for the first p^Q^^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 j°^ a^ ainst
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 foj. caus°^
contained, or any part thereof, or shall, by open fact, deed, ing any
or by open threatenings, compel or cause, or otherwise °f ^^°g™
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.
Penalty
for a
second
offence.
Penalty
for a third
offence.
Penalty of
the convict
not paying-
his for-
feiture.
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 offence
a hundred marks.
And if any person or persons, being once convicted of any
such offence, eftsoons offend against any of the last recited
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.
And if any person, after he, in form aforesaid, shall have
been twice convicted of any offence concerning any of
the last recited offences, 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
offence forfeit to our sovereign lady the queen all his
goods and chattels, and shall suffer imprisonmnent during
his hfe.
And if any person or persons, that for his first offence
concerning the premises shall be convicted, in form afore-
said, do not pay the sum to be paid by virtue of his convic-
tion, in 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 463
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 ^^^^^^ ^°
persons inhabiting within this realm, or any other the church on
queen's majesty's dominions, shall diligently and faithfully, ^^^ ^o\y
having nO lawful or reasonable excuse to be absent, endeavour days under
themselves to resort to their parish church or chapel accus- ^gJ^^JJ-^ gf
tomed, or upon reasonable let thereof, to some usual place the Church
where common prayer and such service of God shall be ^^^-^^
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 soberly 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 joii^gd ^^
present Parhament assembled, do in God's name earnestly execute
this Act
require and charge all the archbishops, bishops, and other ^^^•^ jjjj_
ordinaries, that they shall endeavour themselves to the utter- gence.
most of their knowledges, that the due 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. And for their authority in this behalf, be it further enacted
The ordin- j^y j-j^g authority aforesaid, that all and singular the same
ary may
punish archbishops, bishops, and all other their officers exercising
offenders ecclesiastical jurisdiction, as well in place exempt as not
censures exempt, within their dioceses, shall have full power and
of the authority by this Act to reform, correct, and punish by
Church. r 1 /-.I 1 11 1 .
censures of the Church, all and smgular 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.
Power of And it is ordained and enacted by the authority afore-
justices to g^-^^ ^T^^^ ^jj ^^^ every justices of oyer and terminer,
offences, 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.
Bishops Provided always, and be it enacted by the authority afore-
may join ^2a(^, that all and every archbishop and bishop shall or may,
justices to at all time and times, at his liberty and pleasure, join and
inquire of associate himself, by virtue of this Act, to the said justices
offences. . .,.. ..
of oyer and terminer, 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.
Books of Provided also, and be it enacted by the authority afore-
Common J 1 ^^^ ^^ books concerning the said services shall, at the
Prayer to ' ^ '
be pro- cost and charges of the parishioners of every parish and
videdat cathedral church, be attained and gotten before the said
cost 01 ' . ^
parishion- feast of the Nativity of St. John Baptist next following;
Lxxx] HISTORY OF THE ENGLISH CHURCH 465
and 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 within
1 , . , . , , . three
and gotten, use the said service, and put the same in ure weeks
according to this Act. after pur-
And be it further enacted by the authority aforesaid, that Lij^ij. 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 °?^cers of
•' . ■' ' cities and
mayors, bailiffs, and other head officers of all and singular boroughs,
cities, boroughs, and towns corporate within this realm, not usually
Wales, and the marches of the same, to the which justices justices,
of assize do not commonly repair, shall have full power and f ^^^l
"^ ^ ^ inquire of
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
terminer may do.
Provided always, and be it ordained and enacted by the The
authority aforesaid, that all and singular archbishops and ,°uj.isdtc^ ^
bishops, and every their chancellors, commissaries, arch- tion to
deacons, and other ordinaries, having any peculiar ecclesias- ^efbre^ ^^
tical jurisdiction, shall have full power and authority by
Hh
466 DOCUMENTS ILLUSTRATIVE OF THE [lxxx
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
^^ h 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
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
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 in-everence to be used in the ceremonies or rites of the
of cere- . .
monies, Church, by the misusing of the orders appomted m this
or irrever- book, the queen's majesty may, by the like advice of the
further said commissioners or metropolitan, ordain and publish
rites and gy^.}^ further ceremonies or rites, as may be most for the
cere-
monies advancement of God's glory, the edifying of His Church, and
may be ^j^g ^^^ reverence of Christ's holy mysteries and sacraments.
ordained.
Lxxxi] HISTORY OF THE ENGLISH CHURCH 467
And be it further enacted by the authority aforesaid, that 1559.
all laws, statutes, and ordinances, wherein or whereby any ^,f^^.
allowing
other service, administration of sacraments or common the use of
prayer, is limited, established, or set forth to be used within ^"y pther
^ •> ' service
this realm, or any other the queen's dommions 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 x/nity^of
glory, and to the establishment of Christ's pure religion for doctrine
all her loving subjects, especially the state ecclesiastical, to ^onkl^^'
be knit together in one perfect unity of doctrine, and to be being
conjoined in one uniformity of rites and manners in the ^^^^^^^''^j
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. directed unto the Archbishop of Canterbury and metro-
ihe queen poHtan, required, enjoined, and straitly charged, that
directed with assistance and conference had with other bishops,
the arch- namely, such as be in commission for causes ecclesiastical,
take some orders might be taken, whereby all diversities and
means for varieties among them of the clergy and the people (as
all diver- breeding nothing but contention, offence, and breach of
sity. 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
The doth appear. Whereupon, by diligent conference and com-
rulesbeing niunication in the same, and at last by assent and consent
the result of the persons beforesaid, these orders and rules ensuing
ence are ^^"^'^ been thought meet and convenient to be used and
issued as followed : not yet prescribing these rules as laws equivalent
orders^to ^^^-^^ ^^^^ eternal word of God, and as of necessity to bind
ensure 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.
Articles for doctrine and preaching.
I. Preach- First, that all they, which shall be admitted to preach,
ers to be gj^^|| y^^ diligently examined for their conformity in unity
examined 07 j j
and ad- of doctrine, established by public authority ; and admonished
monished. ^^ ^^^ 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
ness.
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 (Jbg^e^i-v-^^
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 ^g^^g
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 obedience
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 be FG"
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 "^^^^^^^
^ J o 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 ^"^5^^^^
cures to preach, whereby they might be noted as followers moderate.
470
DOCUMENTS ILLUSTRATIVE OF THE [lxxxi
1566. of filthy lucre, rather than use the office of preaching of
charity and good zeal to the salvation of men's souls.
7. Incum- Item, if the parson be able, he shall preach in his own
ents to person every three months, or else shall preach by another,
regularly. 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.
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.
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 HomiHes 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 471
Item, that the dean and prebendaries wear a surpHce 1566.
with a silk hood in the choir ; and when they preach in the 5- Oi'^i-
' ^ •' '■ nary vest-
cathedral or collegiate church, to wear their hood. ments of
Item, that every minister saying any public prayers, or J^^ ^^^P'
ministering the sacraments or other rites of the Church, g y^g^.
shall wear a comely surplice with sleeves, to be provided at ments of
the charges of the parish ; and that the parish provide cie'rgy/^
a decent table standing on a frame for the Communion
Table.
Item, that they shall decently cover with carpet, silk, or 7- Ar-
other decent covering, and with a fair linen cloth (at the ^f ^^e
time of the ministration) the Communion Table, and to set Com-
the Ten Commandments upon the east wall over the said xable.
table.
Item, that all communicants do receive kneeling, and as 8. Of
is appointed by the laws of the realm and the queen's ^[^^^qJ^?
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^ ^^
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- ^^^^\.
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.
Item, that when any Christian body is in passing, that the 12. Of
bell be tolled, and that the curate be specially called for to p° gsing
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 [lxxxi
1566 Item, that on Sundays there be no shops open, nor
13- Of artificers commonly going about their affairs worldly, and
observ- ^^at in all fairs and common markets falling upon the Sun-
ance. day, there be no showing of any wares before the service
be done.
14. Of Item, that in the Rogation days of procession they sing or
Rogation g^y jj^ English the two psalms beginning, Benedic anima 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.
1. Life First, against the day of giving of orders appointed, the
and title of i^jgj^Qp gj^^jj give open monitions to all men to except
ordination r o x- r-
candi- against such as they know not to be worthy either for life
dates. Qj. 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.
2. Their 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.
3. Oftesti- Item, that no curate or minister be permitted to serve
admission without examination and admission of the ordinary or his
or upon 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.
4. Ofthose Item, that the bishop do call home once in the year any
stud"y^ ° prebendary in his church, or beneficed in the diocese, which
instruc
tion.
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 ^^^^^^'
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-
by their curates, in bills subscribed with their hands to the by^Jhurch-
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 ^"^o"y>
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
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 digni-
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 Parhament 24 Henry VIII.
o 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 hke 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 the
ordinary to the commissioners in causes ecclesiastical, and
by them to be reformed accordingly
Lxxxi] HISTORY OF THE ENGLISH CHURCH 475
Protestations to be 7}iade, promised, and subscribed by them 1566.
that shall hereafter be admitted to any office, room, or Protesta-
cure in any church or other place ecclesiastical.
Imprimis, I shall not preach or publicly interpret, but 1. 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. appare .
I shall move the parishioners to quiet and concord, and 5. Exhor-
not give them cause of oifence, and shall help to reconcile ^^*^°" ^°
o ' ^ peace.
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 "^^.7
^ ^ ' 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- s. Secular
tions, as covetously to seek a gain thereby, having in ecclesi- ^PPo^i^t-
astical living to the sum of twenty nobles or above by year.
Agreed upon, and subscribed by —
Matthaeus Cantuariensis \
EdMUNDUS LoNDINENSIS I Commissioners in
RiCHARDUS EliensiS causes ecclesiastical.
Edmundus Roffensis
ROBERTUS WiNTONIENSIS
NicoLAUS LiNCOLNiENSis, with otliers.
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 may be 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, oflScials, and parish clergy. 5, Concerning the duties
of churchwardens, viz. term of office, care of church buildings,
i. e. fabric and due appointment for ser\'ice, 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 157 1. 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 beheved by the people, save what is
in accord- agreeable to the teaching of the Old or New Testament,
Scripture ^^^ ^^hat 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
,,,-,,. 1 1 1 /■ 1 • of Articles,
too, the book of public prayers, and book of the consecration prayer
iinauguratid) of archbishops, bishops, priests, and deacons, Book, and
\ 1 • 1 Ordinal
contam nothnig contrary to this same doctrine, 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 t^^^^^it^
^ -' ■' ' moderate
shall be content with merely food and equipment {apparatu)^ entertain-
and one night's hospitality. They shall not teach vain and ™^.^V
to L^iCC
old wives' opinions and heresies, and papal errors, abhorrent heed to
to the teaching and faith of Christ, nor anything at all ^^.^^^ *^°^"
° ' ./ o 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 ^hisAct.
478
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.
DOCUMENTS ILLUSTRATIVE OF THE [lxxxiii
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, comprised 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 spirituaHties, 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
/)Jjd?y«^/^ 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 convented 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 r^^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, ^^"^^^ted
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 nov/ permitted, by any dispensation The case of
or otherwise, shall retain any benefice with cure, being -^^^^ ^°'^'
•' ' C5 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 of four and
twenty years, on pain that such his dispensation shall be
merely void.
And that none shall be made minister, or admitted to P"^^'^<^^-
' tion as to
48o DOCUMENTS ILLUSTRATIVE OF THE [lxxxiii
1571. preach or administer the sacraments, being under the age
age and ^f ^q^j. ^^^ twenty years : nor unless he first bring to the
learning in j j ? o
ministers, bishop of that diocese, from men known to the bishop to
be of sound religion, 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 ^j^j^ 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
trar3^ void ^^ ^^y 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- lapse, 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 archbisht)p 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 recusancy
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°^a°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 ^^^ ^^^ .*°
' ' say service,
year at the least, say service, and minister the sacraments, &c., at
according to the Book of Common Prayer. ^}^^^
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 preJc°ibe?
majesty's Injunctions anno primo. 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. Preach-
mitted thereunto according to the laws of this realm. ^^s must be
1 1
482
DOCUMENTS ILLUSTRATIVE OF THE [lxxxiv
1583.
ordained
clergy-
men,
6. All who
officiate
are to
subscribe
as follows
before the
ordinary :
(i) The
royal su-
premacy.
{12) Law-
fulness and
use of the
Pra3'^er-
book.
(3) Allow-
ance of the
Articles of
1562.
7. None to
be or-
dained
without
sufficient
title.
6. That none be permitted to preach, read, catechize,
minister the sacraments, or to execute any other eccle-
siastical function, by what authority soever he be admitted
thereunto, unless he consent and subscribe to these Articles
following, before the ordinary of the diocese wherein he
preacheth, readeth, catechizeth, or ministereth the sacra-
ments, viz. :
(i) That her majesty, under God, hath, and ought to
have, the sovereignty and rule over all manner of persons
born within her realms, dominions, and countries, of what
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) That the Book of Common Prayer, and of ordering
bishops, priests, and deacons, containeth nothing in it con-
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) That he alloweth the book of Articles of religion,
agreed upon by the archbishops and bishops of both pro-
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. That from henceforth none be admitted to any orders
ecclesiastical, unless he do then presently show to the
bishop a true presentation of himself to a benefice then void
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
Lxxxiv] 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 ordination
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 ^Jj^^^^^'
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- pf^gnT"^'
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^^f °t° ^
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.
9. And that no bishop institute any into a benefice, but 9- No
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 ^^^^ ^^^ to
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 i°- The
, ,. . 11 • 1 1 11 11 authorized
m 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"- P^"-
. • J • ance only
penance, but in rare respects and upon great consideration, ^^ ^^ ^om-
and when it shall appear to the bishop himself that that muted in
1*3. rG C3SGS
shall be the best way for winning and reforming of the ^nd to be
I i 2
484 DOCUMENTS ILLUSTRATIVE OF THE [lxxxiv
1583. offender, and that the penalty be employed either to the
^f^' ^P' 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
amend- . ^ . .
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
where^^' may necessarily and reasonably have occasions sometimes
necessary, to solemnize marriage by licence for the banns asking or for
be'ffranfed ^^^^ ^^ twice without any great harm, so for avoiding gene-
under rally of inconveniences noted in this behalf, it is thought
on s and expedient that no dispensations be granted for marriage
upon con- ^ r o o
ditions without banns, but under sufficient and large bonds, with
following : ^i^ggg conditions following :
1. Ifno . ^
impedi- First, that there shall not afterwards appear any lawful let
ment after- or impediment by reason of any pre-contract, consanguinity,
wards ap- „ . '^ 1 , r i ,
pear. aiiimty, or any other lawful means whatsoever.
2. Ifno Secondly, that there be not at that present time of grant-
pending in ^"S ^^^^ dispensation any suit, plaint, quarrel, or demand
connexion moved or depending before any judge, ecclesiastical or tem-
suchirn^ poral, for and concerning any such lawful impediment
pediment, between such the parties ; and
3- If Thirdly, they proceed not to the solemnization of the
parents or . . , , _ ,
guardians marriage without the consent of the parents or governors.
consent. Lastly, that the marriage be openly solemnized in the
i . 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, pj-Qvided 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, 1585.
although they virtually came under the penalties of the Elizabethan
Supremacy Act (ante, No. LXXIX), and also under the Acts 5 Eliz.
cap. r, and 13 Eliz, cap. i, sec. i. 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- ^^^^'^ '*^^2^''
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 Allp"ests,
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
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
within this -^ gi^^jj j^Q^ l_jg lawful to or for any Jesuit, seminary priest, or
realm, or- ■' •' ' y r j
dained by Other such priest, deacon, or religious or ecclesiastical
^°[^^^ person whatsoever, being born within this realm, or any
since Other her highness's dominions, and heretofore since the said
June 24, fg^g^ Qf j-j^g Nativity of St. John Baptist, in the first year of
shall not , . , . ^ . . • . r -.i
come to or her majesty s reign, made, ordamed, or professed, or here-
remain in after to be made, ordained, or professed, by any authority
realm. o^ 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 ^^"^^^^7 ^^^
^ 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 beinor, or which shall, after
/ o' proclama-
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 ^^,"3"^
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- goever, wittingly and willindy, either directly or indirectly,
sons,abid- ' ° "'
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, mto
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 Prcefnunire, mentioned in the
Statute of FrcB77iumre, made in the sixteenth year of the
reign of King Richard II.
Penalty And be it further enacted by the authority aforesaid, that
for sending [^ shdW not be lawful for any person of or under her high-
abroad for ness's obedience, at any time after the said forty days,
education, during 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.
fence? °^ 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 ^^jg ^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 o"Tnd
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 ghlp"^
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- jnt^jesuits
parture, to transport into any the parts beyond the seas, any beyond
such Jesuit, seminary priest, or other priest aforesaid, so as -^^ ^ 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, saving 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 prhfio, 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 Fraimu?iire, by this Act, that he shall have
his trial by his peers, as in other cases of treason, felony or
Frcemunire, 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, Hyen 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- submis-
said, shall be certified into the chancery by such parties sions to be
before whom the same shall be made, within three months ^^^^ ^.j^g
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 mittin^^
submission made, come within ten miles of such place shall not
where her majesty shall be, without especial licence from her j^ ten
492
DOCUMENTS ILLUSTRATIVE OF THE [lxxxv
1585. majesty in that behalf to be obtained in writing under her
miles of the j^^^^^ ^^^^ ^^^^ ^^^ Ij.^^^ thenceforth such person shall
queen, ' ^
without take no benefit of the said submission, but that the same
hcence. 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 yeniencies and perils as might happen and grow by the
refusing to ^ o 1 a a j
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 °^ ^°'' ^""
, / r , . ' ducingthe
or go about to move or persuade any of her majesty s challenge
subjects, or any other within her highness's realms or domin- o^the
, -1 11- , . , queen s
ions, to deny, withstand, and impugn her majesty s power title in
and authority in causes ecclesiastical, united, and annexed to ecclesias-
the impen:il c/own 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^^'
* ^ 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 themselves 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 ^"^"P^'"^
offend against this Act as aforesaid, shall not within three the realm.
494
DOCUMENTS ILLUSTRATIVE OF THE [lxxxvi
1593.
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 appcinted 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
forofiences Qf ^j^jg ^^t is to be abjured as is aforesaid, shall refuse
and not
return
without
licence.
Lxxxv] 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 ""der this
/Vet*
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 ^^ ^^^
at any time hereafter offend against this Act, shall before he charged
or they be so warned or required to make abjuration accord- ^p^" J^^^
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 -^ '
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 [.xxxvi
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
^^^t^ th ^'"^^^ submission and declaration of conformity shall here-
submission after be so made by any such offender as aforesaid, shall
in a book. pj-esei;jtiy 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 in such plight, condition, and degree, to all
intents as though such submission had never been made.
Penalty for And for that every person having house and family, is in
^ff^^^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
Lxxxvxl 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-
, . , . , r 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, j^Q^^ry 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, shMl 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 ("i^xxxvi
1593.
Third part
of penal-
ties de-
voted to
charity.
Proviso for
popish
recusants,
&c.
Forfeitures
under the
Act de-
fined.
This Act
only to
continue
to end of
next
session.
case should or may be recovered or levied, wherein no essoin,
protection, or wager of law shall be admitted or allowed ^
Provided always, that the third part of the penalties to be
had or received by virtue of this Act, shall be employed and
bestowed to such good and charitable uses, and in such
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.
Provided also, that no popish recusant, or feme covert,
shall be compelled or bound to abjure by virtue of this Act.
Provided also, that every person that shall abjure by force
of this Act, or refuse to abjure, being thereunto required as
aforesaid, shall forfeit and lose to her majesty all his goods
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
of any offence mentioned in this Act, but that the heir
of every such offender, by force of this Act, shall and may,
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.
1593.
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
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 ^^^^
the Commons, in this present Parliament assembled, and by sixteen to
the authority of the same, that every person above the age ff^^^^ *°
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)
wkhin^ve ''^P^^^ ^o their place of dwelling where they usually hereto-
miles of fore made their common abode, and shall not, any time
e same. ^^^^^^ p^gg ^j, remove above five miles from thence.
Recusants And also that every person being above the age of sixteen
convkted Y^^^^, born within any her majesty's realms or dominions,
shall re- Or made denizen, and having, or which hereafter shall have,
\\i^' ^u I ^^y certain place of dwelling and abode within this realm,
dwelling, which, being then a popish recusant, shall at any time 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
penalty for , , , i, ^.^ i • i i •
offending, and persons that shall offend agamst the tenor and mtent
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 ^^^'ng no
her majesty's realms or dominions, not having any certain abode
place of dwelling and abode within this realm, and beins ^° 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 <iwelling-
^ 1 place of
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 !^°^ femov-
y o ingbej'ond
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 f °PJ"
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
1593. 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 nkcJ ^foresaid, 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 ^heir 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
t le curate. j-gjjjQyg 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
beTertifi' d constable, headborough, or tithingman, shall certify the same
to the in writing to the justices of the peace of the same county
justices. ^^ ^j^g ^^^^ 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^^^ ^^ ^j^g ^t^^ ^j^at the realm be not pestered and over-
recusants , . , ,. , ,. . 11
of small charged with the multitude of such seditious and dangerous
°''"° people as is aforesaid, who, having little or no abihty to
Lxxxvii] HISTORY OF THE ENGLISH CHURCH 503
answer 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 w^re 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, shall 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
of record, •' •' '^^
and cer- shall cause the same presently to be entered of record before
tifying the |-j^gj^ ^^(j g]-,^!! 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 ^\^\^ ^ct is to be abjured as is aforesaid, shall refuse
to return to make such abjuration as is aforesaid, or after 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,
Lxxxvii] 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 .V"'
^ ° ^ 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 H^^^ g
hereby limited and appointed to continue and abide within miles,
five miles of their usual dwelling-place, or of such place , ^^^^ ^ j
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 makfe appearance turning
5o6 DOCUMENTS ILLUSTRATIVE OF THE [lxxxvii
1593. in any of her majesty's courts, or shall be sent for, com-
when manded, or required by any three or more of her majesty's
legally . m u r c
called privy councjl, 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
^?"^^^° 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, jj^^jj. 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 pj-ggent Parliament, that if any person, or persons, that shall
sion, shall at any time hereafter offend against this Act, shall before
be dis- YiQ Qj. |-}-^gy shall be thereof convicted come to some parish
charged. '^
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
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 ^^f ^."^'
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- minister
or curate
after be so made by any such offender as aforesaid, shall pre- shall enter
sently enter the same into a book to be kept in every parish the sub-
. . 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 of recu-
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.
1603.
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.
"^ 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.
must first know what peccant humours his patient naturally
is 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
more 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 ^ r^^.
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- n°^t^d^°""
fluous, may be taken away ; baptism not to be ministered with the
by women, and so explained ; the cap and surplice not 5gj.^[Jg^
urged ; that examination may go before the communion ;
that it be ministered with a sermon ; that divers terms 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, '"'"isters.
5IO DOCUMENTS ILLUSTRATIVE OF THE [lxxxviii
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
mainten-" leave 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
redressed, as namely, that excommunication come not forth
under the name of lay persons, chancellors, officials, &c. ;
that men be 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
. , , - , . . 1 • f J points are
further to hear us, or more at large by writing to be intormea, submitted
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, we 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 Common Prayer to be used throughout the
realm.
Referring Although it cannot be unknown to our subjects by the
lenary Pe"- fo^^""^^^ 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 ^^^^ °^ ^^^^ 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
t- I and imperfections of the Church here, as well in matter of
I 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 >yherewith 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 rehgion, and the service of God before their conference
own^l 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 [[eg^f the
of public serving of God not here allowed, held assemblies Puritan
without authority, and did other things, carrying a very ^^^ ^' t--
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, where before ourself and our Privy Council which con-
were assembled many of the gravest bishops and prelates of ^"^^"u ^1 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 ^^^^.-^
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
l1
514 DOCUMENTS ILLUSTRATIVE OF THE [lxxxix
1604. cause why any change should have been at all in that which
The objec- ^^^s most impugned, the Book of Common Prayer, contain-
Prayer i"g the form of the public service of God here established.
Book were neither in the doctrine which appeared to be sincere, nor
portant i'^ the forms and rites which were justified out of the
and often practice of the primitive Church. Notwithstanding we
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
howevS-^^' England intendeth, nor any troublesome or ignorant person
made and of this Church be able to take the least occasion of cavil
betn J^re- against it. And for 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
isnowau- proclamation our authorizing of the same, and to require
thorized '^ . ,, ,1 i • • i i ^
by procia- and enjom all men, as well ecclesiastical as temporal, to
mation and conforiB themselves unto it and to the practice thereof, as
isenjoined. the onlj public form of serving God established and allowed
^•"'•\ to be in this realm. And the rather for that all the learned
V
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 p^^ °P^'
^ ' <xc., are
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 ° ^ ,
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 ^Iteration
. ... 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 dehberation.
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 I 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. R Jas. I. 132, No. 85.]
1. Restric- I. That no preacher under the degree and calling of
tionas to ^ bishop, or dean of a cathedral or collegiate church, and
discourses they, upon the king's days and set festivals, do take occasion,
in general, i^^ ^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 foi"
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
^\h^ ^ h"*° t ^^y sermon or collation hereafter upon Sundays and holidays
of after- in the afternoon, in any cathedral or parish church through-
noon Q^^ ^j^jg kingdom, but upon some part of the catechism, 01
sermons. o j r r
some text taken out of the Creed, Ten Commandments, 01
the Lord's Prayer (funeral sermons only excepted), and thai
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 irresistibility 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, -^^ ^^^_
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 them-
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 ^"^ ^
gravely (when they are occasioned thereunto by the text of
Scripture) free both the doctrine and discipline of the
Church of England 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
licensine'^ 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 benefido, 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
lOi-o. Declaration," was made public in 1628.' Hard wick'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 — 3506 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 , . . , 1 i •
king with within these our dommions, 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
- ... 1 • 1 1 1 /• of certain
m the unity of true religion, and in 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 ^g
clergy generally have subscribed unto) do contain the true the true
doctrine of the Church of England agreeable to God's word : f^^ chm-ch
which we do therefore ratify and confirm, requiring all our ofEngland,
loving subjects to continue in the uniform profession thereof, J°. ^ "^^"'
and prohibiting the least difference from the said Articles ; without
which to that end we command to be new printed, and this °^"'^^^"c^-
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, tionto
concerning injunctions, canons or other constitutions what- putes as to
soever thereto belonging, the clergy in their convocation ^^^ exter-
° nal pohcy
is to order and settle them, having first obtained leave of the
under our broad seal so to do : and we approving their said ?.^"[^^ °^
ordinances 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 *°,^^'jj^^^
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
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,
iind the
Articles
are to be
taken in
the literal
and gram-
matical
sense.
No new
sense to be
maintained
by any
university
authority.
DOCUMENTS ILLUSTRATIVE OF THE [xci
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 eccle- 1629.
siastical questions of the moment monopolized the attention of the
Commons, and on Jan. a6 a committee on rehgion was formed to
consider the subject of rehgious grievances. On Feb. 24 the result
of their deliberations appeared in the resolutions which follow.
[S. R. Gardiner's Constitutional Documents, p. ii^]
Heads of Artie /es 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 pi^alnts"^*
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.
HI. That yet, nevertheless, we do with all thankfulness 3. but with
acknowledge the great blessing we have received from r^'^°^ rVi,
. tion of the
Almighty God in setting a king over us, of whose constancy king's
in the profession and practice of the true religion here ^^^'p"^^
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.
522
DOCUMENTS ILLUSTRATIVE OF THE [xcii
1629.
4. Yet the
present
occasion
should be
seized to
preserve
true
religion.
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 unfaithfuhiess 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 within 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 litlle 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- especially
^ ° . .in 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
1629. 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. (^) ^^^ ^^^^ 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 1C29.
up at Gloria Patn\ 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, lights, and images in churches ;
praying towards the east, crossing ad oninejn mofum et
gestuvi. (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 diffei
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 written 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 Qj-j^gj. tt^g Reformed Churches, in the sense of the Articles
Arminian '
divergence confirmed in Parhament, 13 Elizabeth, may be known and
are sum- pj-Qved 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
■'■\/iy remedies
punishments to be inflicted upon teachers, publishers, and are pro-
maintainers of popish opinions, and practising of super- posed to
. . meet the
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. t6.]
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
I 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
Sunday ° Scotland, coming through Lancashire, found that his
recreation subjects were debarred from lawful recreations upon
to pubHsh S^i'^^^ys after evening prayers ended, and upon Holy-
hisdeclara- days ; and he prudently considered that, if these times
^^^^S. . ,. 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
anTen^ thereunto moving, we have thought good to command these
couraged our directions then given in Lancashire, with a few words
LancasW thereunto 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- ^^ p^S^
niated those our just and honourable proceedings : and tans in
therefore lest our reputation might upon the one side j^"^^-
(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
1633. 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 Qur 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
3.ncl cIsC"
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 peoples
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 531
discouraged from any lawful recreation, such as dancing, 1633.
either men or women ; archery for men, leaping, vaulting, ^"^ ^^^^ *
or any other such harmless recreation, nor from having of sports
May-games, Whitsun-ales, and Morris-dances ; and the ^^^"^
1 enumer-
settmg up of May-poles and other sports therewith used : ated.
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^^"§ ^^-
' ' barred
from coming to church or divine service, being therefore from the
unworthy of any lawful recreation after the said service, that P"V"^S^»
w^ill 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 likewise 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 declaration
■' ^ 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,
w^
and the
justices are
to oversee
parish
festivals,
and the
execution
and publi-
cation of
their
docu-
ments.
L
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 : ' Charles R. Canterbury, See that our
declaration concerning recreations on the Lord's Day, after evening
prayer, be printed.']
xciv] HISTORY OF THE ENGLISH CHURCH 533
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 Williams 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 Synodalta, 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. 1 1 . 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 v^^ho 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 ambiguity, 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 estabhshed 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. ii, 1640, 1640.
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
The humble petition of many of his majesty's subjects in subjects to
and about the city of London, and several counties of the lr„o°™"
J ' mons.
kingdom. Sheweth,
That whereas the government of archbishops and lord The divine
bishops, deans, and archdeacons, &c., with their courts and "?
^ ' ' ' ' episcopacy,
ministrations in them, have proved prejudicial and very &c., is a
dangerous both to the Church and Commonwealth, they [1°^^^
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 chJii-^h
a main cause and occasion of many foul evils, pressures and govem-
grievances of a very high nature unto his majesty's sub- ^roved^^
jects in their own consciences, liberties and estates, as in highly
a schedule of particulars hereunto annexed may in part ^"J"^'°"s 5
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 aovernment with all its dependencies, roots and branches,
m favour of
*the may be abolished, and all laws in their behalf made void,
govern- ^j^^j ^^^ government according to God's word may be rightly
ment ac- i i i i •
cording to placed amongst us : and we your humble suppliants, as m
God's^ duty we are bound, will daily pray for his majesty's long
and happy reign over us, and for the prosperous success of
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 Ant^ichrist, 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 5; Preven-
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 c°"'*^g^*
locusts of Egypt over the whole kingdom ; and will they unfit
but wear a canonical coat, a surplice, a hood, bow at the "^^"'sters.
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 ^°^^^&^'
opinions which are in the Church ; great corruptions which errors and
are in the Universities ; the gross and lamentable ignorance ^S'^o'^^^c^-
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, ^°^^^'
Ovid's Fits of Love, The Parliament of Women, 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 p^es^
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 M- J"-
..... , 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 Pa fri a.nd at the reading 15- Cere-
of the Gospel, praying towards the East, the bowing at the j™ctTd^ta
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 °J""^™^^^*S'
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 ofJheP^B°
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 facfo, is de- gubscrip-
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
fanation of . . . . . , , , •^. J^ , , \ .
the Lord's enjommg mmisters to read a declaration set forth (as it is
I^ay. 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
• of Gxcom*
munication, which God hath left in His Church as the last niunica-
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-
being boundless, unwilling to be subject either to man or civil offices
laws, they claim their office and jurisdiction to be Jure by the
JDivino, 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. Whence 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 o^Jhs upon
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, ^^^^ calling.
&c. ^
a8 Inqui- ^^' ^"^^ exercising of the oath ex officio, and other pro-
sitorial ceedings by way of inquisition, reaching even to men's
arbitrarily 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
^?,^!.!r^o have much liberty ; and from hence followed amongst
quences : •' ' o
others these dangerous consequences : —
I. Roman- i. The general hope and expectation of the Romish
excited!^ party, 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.
a Volun- 2. The discouragement and destruction of all good sub-
o1"woollen 3^^^^' ^^ whom are multitudes, both clothiers, merchants,
and other and Others, who being deprived of their ministers, and
tarere^*^' overburthened with these pressures, have departed the
kingdom to Holland, and other parts, and have drawn with
them a great manulacture 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 grief of our hearts, that ^^ Ron^^sh
' ° ° ' assertion
the designs of the priests and Jesuits, and other adherents
to the See of Rome, have [been] of late more boldly and
N D
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
exactions ^°"S intermission and unhappier breach of Parliaments
and hath occasioned many illegal taxations, whereupon the sub-
innovation J^^^s have been prosecuted and grieved ; and that divers
and innovations and superstitions have been brought into the
' Church, 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
in°thls""^^^ by force to bring to pass those wicked counsels ; have
declaration therefore thought good to join ourselves in a declaration
testad^on °^ ^^'' united affections and resolutions, and to make this
ensuing Protestation :
in defence I, A. B., do, in the presence of God, promise, vow, and
Protestant Protest 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 according 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, rnenTand
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, pe^ce^
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, 1641. The Court of High
Commission was revived for ^ short time under James H.
[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^J ^"
land, there was an Act made and established, entitled 'An cap. i,
Act restoring to the Crown the ancient jurisdiction over the fpl^couri
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 clausC;, branch, article,
N n 2
548 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 ^^^"^^
' . , repealed.
come, be it enacted by the king'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- annulled
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, offence, 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 ^^^1-
by his majesty, his heirs or successors, and all powers and
authorities granted, or pretended, or rtientioned 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, 1641, 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- ^^^^^^^ ^^'
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 J^uf^^^".
table from the east end of the church, chapel, or chancel be moved,
into some other convenient place : and that they take away ^^'^^ ^^ j
^ ^ ■' •' 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 ?'^*^"'^^^i!
Mary shall be taken away and abolished, and that all taken
away;
552 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
fnff to^the ^^^ ^^^^ ^^^ °^ ^^^ church, chapel, or chancel, or towards
east to be the Communion table be henceforth forborne,
and th?s^' That the orders aforesaid be observed in all the several
even in cathedral churches of this kingdom, and all the collegiate
churctf s • ^^urches or chapels in the two Universities, or any other
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 ; ^^^ } ^^^ 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, ^ind if the 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 was 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 1641.
foregoing resolutions, asking them to consent thereto and join in
pubHshing them. No answer w^as 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 Parhament of this realm ; 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 estabhshed 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 — ^°'" !"'^"
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
tyranny, the preserving the peace and safety of the kingdom from 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.
For uniting all such your loyal subjects together as join
in the same fundamental truths against the Papists, by
removing some oppressions and unnecessary ceremonies
by 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. .....
and for
removing
unneces-
sary cere
monies,
&c.
The Com-
mons find
that, de-
spite their
efforts for
the pubHc
good,
much op-
position
and asper-
sion con-
tinue.
[The Grand Remonstrance.]
The Commons in this present Parliament assembled,
having with much earnestness and faithfulness of affection
and zeal to the public good of this kingdom, and his
majesty's honour and service for the space of twelve
months, wrestled with great dangers and fears, the press-
ing miseries and calamities, the various distempers and
disorders which had not only assaulted, but even over-
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 C j
cii] HISTORY OF THE ENGLISH CHURCH 555
still labour to cast aspersions upon that which hath been 1641.
done, and to raise many difificulties 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 g^^. ^^^.^.j^
to declare the root and the growth of these mischievous the cause
designs : the maturity and ripeness to which they have g^ess of
attained before the beginning of the Parliament : the such evils
effectual means which have been used for the extirpation "^^^ ^^^
of those dangerous evils, and the progress which hath therein suggest
been made by his majesty's goodness, and the wisdom of ^^^\yi
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
accomplishing 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
measures
e
various
and pernicious design of subverting the fundamental laws
^ ° ° , , 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 ^i"gj.^y .
more probable supports of their own ecclesiastical tyranny
and usurpation.
3. Such councillors and courtiers as for private ends have a-.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
ha?e been • governed all their particular counsels and actions were
these : —
1. Foment- First, to maintain continual differences and discontents
eiK:es-^^' between 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,
eion^^ ^" ^"^ ^^^^ 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
^ ^^^^^- y^QYQ 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 diiTerence 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
deavour- ^.^^ f^jge imputations, and by putting him upon other ways
influence 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 SS-)
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
1 • • r 1 • • ■> ' recently
In the begmnmg 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 ^^^^ ^
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|ghCom-
■' 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 ^^^^^
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
° ^^ ^' cloth, 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 7 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,
but the 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
nents dis- contribute to the furtherance of their designs, though other-
counte- ° ' °
nanced. wise persons of never so great honour and abilities, were so
sermons
preached.
debate
gagged
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 ^^^."s 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- .^°^^"-
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 of*^°^^^^ "
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 "
' ■' gaily 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
56o
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.
^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, nobihty,
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 ^ } I ^
' ^ reduction
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^}^P°^^7
•' _ '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 1i^
pious, learned, and judicious divines of this island ; assisted Synod is
with some from foreign parts, professing the same religion ^"^^^^^ ^•
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. 1641.
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 obedience to the laws ordained for estab-
lishing of the true religion in this kingdom of England.
The king, His majesty — considering that it is a duty most beseem-
'^ th^^ ^^S' ^"^ ^^^^ most obliges sovereign authority in a Christian
dangers of king to be careful (above all other things) of preserving and
d^d°" advancing the honour and service of Almighty God, and
sity, de- the peace and tranquillity of the Church, to which end his
sires uni- ly^ajesty with his Parliament has it under consideration, how
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 kingdom of England .^ ^^",
^ 00 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 Parliament 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 j^^^ ™jj
introduce any rite or ceremonies other than those which are thereon,
established 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 2Tst 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
5^4
DOCUMENTS ILLUSTRATIVE OF THE
[civ
1642.
No person
in Holy
Orders to
be member
of Parlia-
ment,
privy
councillor,
justice, or
hold any
temporal
authority.
All action
so pro-
hibited to
be void.
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.]
Whereas bishops and other persons in Holy Orders
ought not to be entangled with secular jurisdiction, the
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
experience that their intermeddling with secular jurisdictions
has occasioned great mischiefs and scandals both to Church
and State, his majesty, out of his religious care of the Church
and 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.
And be it further enacted by the authority aforesaid,
that all acts from and after the said fifteenth day of P'eb-
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.
\Tvsinscv. 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 *^Vh h*
liturgy of the Church, and to take away nothing in the one govern-
or the other but what shall be evil and justly offensive, or ^^^^ ^"^
■' 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 preachinsr minis- ^ j^^^^^y
^ ° 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.
CVI.
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, at Uxbridge
Nov. 24, 1644, at Newcastle July 13, 1646. These propositions
relate to the various grievances of the times. Those which concern
566
1642.
Reforma-
tion of
Church
govern-
ment and
Liturgy.
Mainten-
ance of
preaching
ministers.
Abolition
of innova-
tions.
DOCUMENTS ILLUSTRATIVE OF THE [cvi
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.]
That your majesty will be pleased to consent that such
a reformation be made of the Church government and
liturgy as both Houses of Parliament shall advise ; wherein
they intend to have consultations with divines, as is ex-
pressed in their declaration to that purpose ; and that your
majesty will contribute your best assistance to them for the
raising of a sufficient maintenance for preaching ministers
through the kingdom ; and that your majesty will be
pleased to give your consent to laws for the taking away of
innovations and superstition, and of pluralities, and against
scandalous ministers.
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
cernin°^th ^^ ^ 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.
Nezvcastle 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^^ ^"*^
, ^ ^ enforce the
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 ^^^7' ,
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- Assembly
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
1642.
reformed
on the
basis of the
Covenant.
Uniformity
of religion
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 stc.
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 as-
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, //t5/. 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 and safety of the three kingdoms of England,
Scotland, and Ireland.
We noblemen, barons, knisfhts, gentlemen, citizens, |" *"®
' 5 o > & J J interests
burgesses, ministers of the gospel, and commons of all of the
570 DOCUMENTS ILLUSTRATIVE OF THE [cvii
1643. sorts in the kingdoms of England, Scotland, and Ireland,
reformed ^y the providence of God living under one king, and being
the o-lory of One reformed religion ; having before our eyes the glory
of God, the of God, and the advancement of the kingdom of our Lord
king and ^"^ 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
and in view 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,
sen ers ^^^^^ mature deliberation, resolved and determined to enter
unite in '
the league into a mutual and solemn league and covenant, wherein we
an cove- ^y^ subscribe, and each one of -us for himself, with our
nant, and ' '
swear : hands lifted up to the most high God, do swear :
I.
I. The That we shall sincerely, really, and constantly, through
ficm oT'tlie ^^^ grace of God, endeavour in our several places and
reformed callings, the preservation of the reformed religion in the
st'ofland" Church of Scotland, in doctrine, worship, discipline, and
and its government, against our common enemies ; the reformation
fn England ^^ religion in the kingdoms of England and Ireland, in
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 ^"^ ^'■^•
Churches ; and we shall endeavour to bring 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, of pop^^ry"
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 the
lives mutually to preserve the rights and privileges of the rights of
Parliaments, and the liberties of the kingdoms, and to pre- . ,
' ^ o J f national
serve and defend the king's majesty's person and authority, Parlia-
in the preservation and defence of the true religion ^^^^3'
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
1648. IV.
4. The We shall also with all faithfulness endeavour the dis-
discovery coverv of all such as have been or shall be incendiaries,
of the •'
enemies of malignants, or evil instruments, by hindering the reforma-
rehgion |.jqj^ ^f rehgion, dividing the king from his people, or one
and peace. o ' o o r r- »
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
aiTce oHhe ^^^^e kingdoms, denied in former times to our progenitors,
existing is by the good providence of God granted unto us, and hath
P^^^^' 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
unk)n?f ^^^^ common cause of religion, liberty, and peace of the
the sub- kingdom, assist and defend all those that enter into this
scribers in
attaining
league and covenant, in the maintaining and pursuing
the fore" thereof ; and shall not suffer ourselves, directly or indirectly,
going. j^y 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 indifferency or neutrality in
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 ^jf^^'°iJ^ich
too manifest by our present distresses and dangers, the the sub-
fruits thereof : we profess and declare, before God and ^*^"^ ^j^
the world, our unfeigned desire to be humbled for our confession
sins, and for the sins of these kingdoms ; especially that \qJ."(,o^.
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 P^^ '
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 ^gnt^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. i6, 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, and 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 {qx^}^ and recommended as the public profession in this
profession r /->• j 1
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 public 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
may be endeavoured to be won by sound doctrine, and sion to be
the example of a good conversation. (3) That such as "^^^•
profess faith in God by Jesus Christ, however differing gious
in judgment from the doctrine, worship, or discipline pub- liberty to
licly held forth as aforesaid, shall not be restrained from, ^-^^^ 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, statute, 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. 1653.
1653. 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
^f Chf^^°" Scriptures, be held forth and recommended as the public
tianity is profession of these nations ; and that, as soon as may be,
to bemain- ^ provision, less subject to scruple and contention, and
and more certain than the present, be made for the encourage-
teachers ^lent and maintenance of able and painful teachers, for
to be here- ^ '
after ap- the instructing the people, and for discovery and confutation
pointed. Qf error, 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
"^o '^'°"^ be compelled by penalties or otherwise ; but that endeavours
sion is to be used to win them by sound doctrine and the example
be used.
of a good conversation.
Liberty of 37. That such as profess faith in God by Jesus Christ
Christian (though differing in judgment from the doctrine, worship,
with reser- or discipline publicly held forth) shall not be restrained from,
vation, to |~)y|- gj^^ij i^g protected in, the profession of the faith and
' 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 .,g fhat 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. trary to be
repealed.
39. That the Acts and ordinances of Parliament made o 1 j
^^ Royal and
for the sale or other disposition of the lands, rents, and Church
hereditaments of the late king, queen, and prince, of arch- [^"j^^V*^,^'
bishops and bishops, &c., deans and chapters, the lands as Parlia-
of delinquents and forest-lands, or any of them, or of any ^.^^^ ^^^
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 public 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. Many 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 in 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 Parliament, part ii. p. 279.]
Whereas for some time past hitherto there hath not been
any certain course established for the supplying vacant
pp
578
1654.
All public
preachers
shall be
first
approved.
Commis-
sioners for
approba-
tion.
How to be
supplied in
case of
death or
removal.
Powers to
judge of
fitness ;
DOCUMENTS ILLUSTRATIVE OF THE [cxi
places with able 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,
be it ordained by his highness the lord protector, by and
with the consent of his council, that every person who
shall from and after the five-and-twentieth day of March
instant be 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 pubhc
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 furthei
ordained, that [here follows a long list of names] shall be,,
and are hereby nominated, constituted, and appointed, com-
missioners for such approbation and admission as is above-
said ; and upon death or removal of any of them, others
shall from time to time be nominated in their places by
the lord protector and his successors, by advice of his
council, in the interval of Parliaments, and, sitting the
Parliament, by the protector and Parliament ; and the said
commissioners, or any five or more of them, met togethei
in some 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 ^"^t^""
■' '^ ments to
incumbent of the same, and entitled thereby to the profits, be as suffi-
perquisites, and all rights and dues incident and belondne ?^^^.*, ^^.
^ ^ ° & & institution
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 7°^^ "°^
^^ 'to be con-
concluded by any vote of the said commissioners which elusive
shall pass in the negative as to his approbation, unless nine u^lessmne
^ *^ ^^ ' 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 F-^^^^!J!,T^
' SIX months
the five-and-twentieth of this instant March, and of any or their
benefice that shall hereafter be void within six months next P^^^^^^S^
to lapse.
(] after the avoidance of the same, present unto the said com-
:r missioners, or any five of them, some fit person to be
admitted ; and for default of such presentation within that
:ime, the presentation for that turn shall devolve by lapse
n Linto the lord protector and his successors.
p p 2
58o DOCUMENTS ILLUSTRATIVE OF THE [cxi
1654. Provided always, that in case the patron be disturbed
Notice to to present unto such benefice, and thereupon within six
be of force , ^ i • i r i i ,- • i
to prevent ufionths after the avoidance oi such benefice a suit be com-
a lapse. 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.
Invacancy, And it is further ordained, that during the vacancy of
receive ^he ^^^^ place by reason of such suit, the said commissioners,
profits. 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.
Time for And forasmuch as many persons since the first day of
approba- ^pj-ji j^st 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.
Testi- And for the better satisfaction of the commissioners
P°"^^^ , touching the godly and unblamable conversation of such
before ad- o o y
mittance. 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- ^^ y.\\z.
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 ^^^^"^^"g
c> J ■> augmenta-
have been heretofore granted, be it further ordained that all tions to be
person or persons who claim, or shall hereafter claim, the ^Jq^^J"
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 anythinfif therein contained, shall not be construed to f °'^ extend
■/ o ' to revive
extend unto or to revive any dignities, offices, or benefices offices or
ecclesiastical, suppressed by authority of Parliament ; nor ^sj^^^^^s^
to any benefices ecclesiastical that were not presentative tical sup-
before the ordinance for suppression of bishops ; nor to any ^^^^^ ^
lectures preached or read in any of the Universities. ment ;
And it is hereby lastly declared and ordained, that the ^°Jg^
582
DOCUMENTS ILLUSTRATIVE OF THE [cxii
1654.
not pre-
sentative,
nor to
lecturers
in the Uni-
versities.
This is not
intended
to be a
solemn or
sacred set-
ting apart
to the
ministry.
approbation or admittance aforesaid, in such manner as is
before prescribed, is not intended nor shall be construed to
be any solemn or sacred setting apart of a person to any
particular office in the ministry ; but only by such trial and
approbation to take care that places destitute may be sup-
plied with able and faithful preachers throughout this
nation ; and that such fit and approved persons, faithfully
labouring in the work of the gospel, may be in a capacity
to receive such public stipend and maintenance as is or
shall be allowed to such places.
1655.
After Jan.
I, 1656,
no seques-
tered or
ejected
minister
is to keep
school or
teach
privately,
or act as
chaplain,
or in any
wise
officiate,
CXII.
SELECTION FROM CROMWELL'S PROCLAMA-
TION OF 1655.
This proclamation was issued by Cromwell Nov. 24, 1655. For
an account of the circumstances of its issue, see Walker, Sufferings
of the Clergy, part i. p. 194.
[Transcr. Walker's Sufferings of the Clergy, part i. 194; ed. 17 14.]
His highness, by the advice of his council, doth also
publish, declare, and order that no person or persons afore-
said do, from and after the first day of January, 1655 [-6],
keep in their houses or families as chaplains, or school-
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
orders do direct in such cases, and that no person who has
been sequestered or ejected out of any benefice, college, or
school, for delinquency or scandal,' shall, from and after the
said first day of January, keep any school either public or
private ; nor any person who after that time shall be ejected
for the causes aforesaid. And that no person who for
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 stTtedm
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, Scotland, 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 ^^ ^roTect
Christ, has been pleased to encourage a godly ministry in the godly
these nations, we earnestly desire that such as do openly "^"^^^^^^^y-
revile them or their assembhes, 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
The true
Protestant
faith to be
professed
and a uni-
form con-
fession
but, pro
vided
certain
1657. your highness will give consent to such laws as shall be
made in that behalf.
II. That the true Protestant Christian religion, as it is
contained in the Holy Scriptures of the Old and New Tes-
tament, and no other, be held forth and asserted for the
public profession of these nations ; and that a confession of
faith, to be agreed by your highness and the Parliament,
rawn 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
upon as aforesaid ; and such who profess faith in God the
Father, and in Jesus Christ His eternal Son, the true God,
essentials and in the Holy Spirit, God coequal with the Father and
be^hdd^ the Son, one God blessed for ever, and do acknowledge the
divergence Holy Scriptures of the Old and New Testament to be the
mauei^s^o '"^^^^^^^ ^^^^ ^^^ ^ord of God, and shall in other things
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
public peace ; so that this liberty be not extended to popery
or prelacy, or to the countenancing such who publish hor-
rible blasphemies or practise or hold forth licentiousness or
Ministers profaneness under the profession of Christ ; and that those
allowed^tc? ^^^^^^^sters or public preachers who shall agree with the
differ in public profession aforesaid in matters of faith, although in
arid d^sci- ^'^^^'^ judgment and practice they differ in matters of worship
pline if and discipline, shall not only have protection in the way of
indoctnn? ^^^^^ churches and worship respectively, but be esteemed fit
but with
specified
reserva-
tion.
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 matters 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 qualified), 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 ^is^*^^^^'^^^
^ r- r are not,
congregations ; but that they be disenabled, and they are however,
hereby disenabled, to hold any civil employment which ^^^^^y
those in 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
ordinance, 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
1660. our loving subjects, of what degree or quality soever,
desirous of gj-ggting. 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
ingfocome ^^^^ niade our due, so we do make it our daily suit to the
to his own Divine Providence, that He will, in compassion to us and
and'^to en- ^^^ subjects after so long misery and sufferings, remit and
sure peace put US into a quiet and peaceable possession of that our
comes ^ ^^§^^j ^^^^ ^s \\tX\t blood and damage to our people as is
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
fortv 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
as Parlia- pej-gons as shall hereafter be excepted by Parliament.
ment shall ^
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- ^^^^^^^^'^ "°
mitted against us or our royal father before the publication what
of this, shall ever rise in judgment, or be brought in crimes
' J o 7 >j 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 the
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 ^^^^ gj^^^j"
difference of parties be utterly abolished among all our secure
subjects, whom we invite and conjure to a perfect union Jo^aH^^en^
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 consdence
men are engaged in parties and animosities against each is granted
other (which, when they shall hereafter unite in a freedom ^^^"^^^£^1-
of conversation, will be composed or better understood), ing the
we do declare a liberty to tender consciences, and that no f^e klng--
man shall be disquieted or called in question for differ- dom, to be
ences of opinion in matter of religion, which do not disturb fjJ"a°A^j.
the peace of the kingdom; and that we shall be ready to of Pailia-
consent to such an Act of Parliament as, upon mature ™^"'-
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"^^*^
purchases of estates have .been made to and by many titles
officers, soldiers and others, who are now possessed of the shall be de-
' . . 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 "^^^^y
all things relating to such grants, sales, and purchases, shall
588
DOCUMENTS ILLUSTRATIVE OF THE [cxv
and also
the pay
Monk's
soldiers
1660. be determined in Parliament, which can best provide for
the just satisfaction of all men who are concerned.
And we do further declare that we will be ready to
Mon^k^s °^ consent to any Act or Acts of Parliament to the purposes
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 ^ day of April, 1660, in the twelfth
year of our reign.
1661.
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 co7iference held by the king's order at the Savoy in London,
between several bishops and clergymen of the Church of
England and some Presbyterian ministers, about reviewing
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 II,
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, 1661.
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 Heyhn,
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- ^^^^'^wthe
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 Gilbert, bishop of London, John, bishop of Durham, John,
hereby bishop of Rochester, Henry, bishop of Chichester, Hum-
appoin e p^j-gy^ 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 re\nse Matthew Newcomen, to advise upon and review the said
Book on Book of Common Prayer, comparing the same with the
lines laid most ancient liturgies which have been used in the Church
' in the primitive and purest times ; and to that end to
place and assemble and meet together, from time to time and at such
fixed times, within 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 tlie restoring; and continuance of ^"*? *°
*=" make
peace and unity in the churches under our protection and changes in
government ; but avoiding, as much as may be, all un- ^^^ '"^^^"
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, which shall
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, Tohn tutes are
-r,-i-r^ ^. J ^ J 'J appointed
Barwick, Peter Gunnmg, John Pearson, Thomas Pierce, for certain
Anthony Sparrow, and Herbert Thorndike, to supply the °! ^^^ .
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
592
DOCUMENTS ILLUSTRATIVE OF THE [cxv
1661. Hackett, John Barwick, 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,
powers, ^^^^ ^lg^ 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,
which 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 Rawlinson, 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. Per
ipsum re gem.
The commissioners appointed being met at the Bishop The objec-
of London's lodgings in the Savoy, he acquainted the deHvered
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 ^"^^f^^
' 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
1661. 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.
1661.
Reasons
for and
objects of
this Act.
Commis-
sions to
issue for
executing
this Act in
England,
CXVI.
THE CORPORATION ACT, a. d. 1661.
13 Charles II, stat. 2, cap. 1.
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, was 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
Church and State, be it enacted by the king's most excel-
lent majesty, by and with the advice and consent of the
cxvij 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, ^1°"
Cinque ports and their members, and other port-towns in not to be
England or Wales, or town of Berwick-upon-Tweed, shall avoided by
• 1 r 1 ' 1 ■, r 1 \ reason of
at any tune hereafter be avoided, for or by reason of any anything
act or thing done, or omitted to be done, before the first ^°^^ °f
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^^^?^^^^
December, 166 1, shall be mayors, aldermen, recorders, trates to
baihffs, town-clerks, common council-men, and other t^^e and
persons then bearing any office or offices of magistracy, to the
or places, or trusts, or other employment relating to or °^ths of
" . ,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. jB., 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 ]<^ing ; and that I do abhor that traitorous position of taking
the oath to i i • i • • i • • i
be taken, arms 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
ration to ' obligation 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
fGiiiSG trip
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
removal of aforesaid, that the said commissioners, or any five or more
suspected ' •'
persons, of them, shall have full power by virtue of this Act, by order
despite ^Yi^ warrant under their hands and seals, to displace or
their '■
willing- remove any of the persons aforesaid from the said respec-
ness to ^^^g offices and places or trusts aforesaid, if the said com-
take oaths, . . '^
vested in missioners, or the major part of them then present, shall
deem it 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-
the com-
missioners
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
. power to
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 duly 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 "^^ssioners
^ ' •' empovver-
of them respectively, shall have power, during the con- ed to ad-
tinuance of their respective commissions, to administer the {J^"*^^f]!J .
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
1661. the said places or ofifices 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,
toTee"^^^ that the said commissioners, justices of the peace, and
record of other persons hereby authorized to administer the said
adni?ni^s-^ oaths and tender the said declaration respectively, shall
tered, and cause memorandums or entries to be made of all oaths
fhe^to*^ ^°- ^^^^^ before them, and subscriptions made as aforesaid,
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- ^^\^ that from and after the expiration of the said com-
trate un- . . ^
less he missions, no person or persons shall for ever hereafter be
take the placed, elected, or chosen, in or to any the offices or places
oaths and . . .
receive the aforesaid, that shall not have, within one year next before
Sacrament. ^^q\^ election or choice, taken the Sacrament of the Lord's
rurther
provisions Supper, according to the rites of the Church of England ;
relating ^^^^ ^:^^^ 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 ofsioners'
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 s^°"/^s
-' r-r o sued may
against any person or persons nominated a commissioner plead the
as aforesaid, for any matter or thing by them or any of ^^"^^^^
' ■' o y J 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 ^^°"^ .
, ofBces 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. 1662.
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, v^^here 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,
Elizabeth ^.j^gj-g ^y^g Qj^g uniform order of common service and prayer,
one uni- '■ -^
form order and of the administration of sacraments, rites and cere-
of common j^Q^ies, in the Church of England (agreeable to the word
prayer es- ' o \ o
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 JJg| -j*^
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 settle"the
present distempers which the indisposition of the time has peace of
contracted, the king's majesty, according to his declaration ^jj^ Church
of the five-and-twentieth of October, 1660, granted his according
commission under the great seal of England to several j° , ,.
° ° declaration
bishops and other divines, to review the Book of Common of 1660,
Prayer, and to prepare such alterations and additions as issued his
'' ' IT I commis-
they thought fit to offer : and afterwards the Convocations sion of
of both the provinces of Canterbury and York being by [f^^p^ °^
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 bythe 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
been di-
rected to after mature consideration they should make such additions
perform and 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,
have been Priests, and Deacons : all which his majesty having duly
the^hie ^ considered, hath fully approved and allowed the same, and
and recom- recommended to this present Parliament that the said
Parli ^- ° Books of Common Prayer, and of the Form of Ordination
meat. 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
cxviij HISTORY OF THE ENGLISH CHURCH 603
and penalties as the Houses of Parliament shall think 16G2.
fit\]
Now in regard that nothing conduces more to the The peace
settling of the peace of this nation (which is desired of all ^"dhonour
° ^ ^ of religion
good men), nor to the honour of our religion, and the advanced
propagation thereof, than an universal agreement in the ^ uniform
'^ ^ ° ' ° agreement
public worship of Almighty God ; and to the intent that in the
every person within this realm may certainly know the P"^"^.
J ^ J ■> worship of
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 Parhament 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 Common
other place of public worship within this realm of England, annexed to
dominion of Wales, and town of Berwick-upon-Tweed, shall [|^'^^' '°
be bound to say and use the Morning Prayer, Evening throughout
Prayer, celebration and administration of both the sacra- ^^^ realm,
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 Common 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
1662.
The clergy
to read and
declare
their as-
sent to use
the same.
Form of
assent.
Penalty for
refusing.
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.
And to the end that uniformity in the public worship of
God (which is so much desired) may be speedily effected,
be it further enacted by the authority aforesaid, that every
parson, vicar, or other minister whatsoever, who now has
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 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 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.
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, ^^^^^^
■' ^ •^ ' required
or put into any ecclesiastical benefice or promotion within from every
this realm of England and places aforesaid, shall in the E^'^^^jl
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, '^^"^"'^^•
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 ^^ ^^^"g-
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.
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 estabHshed :
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 failinsf in such subscription shall lose P^^^^^y ^^^
'^ or- Yioi sub-
and forfeit such respective deanery, canonry, prebend, scribing.
6o8
DOCUMENTS ILLUSTRATIVE OF THE [cxvii
1662.
Teachers
in private
houses 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 failing
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 facto) 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 !f°'? *^^
■' declara-
1682, there shall be omitted in the said declaration or tion, after
acknowledgment so to be subscribed and read these words ^5?^ ^^^ °^
° ^ ^ March,
following, scilicet : — 1682, of
' And I do declare that I do hold there lies no obligation ^^^ ^t^^^i
° ence to the
on me, or any other person, from the oath commonly Solemn
called the Solemn League and Covenant, to endeavour any League and
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 "°f *^^*
our Lord 1662, no person who now is incumbent, and in priests or
possession of any parsonage, vicarage, or benefice, and who deacons,
is not already in Holy Orders by episcopal ordination, or to episco-
shall not before the said feast-day of St. Bartholomew be P^l ordina-
ordained priest or deacon according to the form of epis- not hold
copal ordination, shall have, hold, or enjoy the said par- ^ny eccle-
, - . , , .... siastical
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.
nor conse-
crate or
no person whatsoever shall thenceforth be capable to be administer
And be it further enacted by the authority aforesaid, that
"^ •' crate or
R r
6io
DOCUMENTS ILLUSTRATIVE OF THE [cxvii
The
penalty.
1662. admitted to any parsonage, vicarage, benefice, or other
the holy ecclesiastical promotion or dignity whatsoever, nor shall
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 of 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.
Provided that the penalties in this Act shall not extend
to the foreigners or aliens of the foreign reformed churche?
the foreign allowed or to be allowed by the king's majesty, his heirs
churches, and successors in England.
Proviso as Provided always, that no title to confer or present b>
lapse shall accrue by any avoidance or deprivation {ipso
facto) by virtue of this statute, but after six months after
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.
And be it further enacted by the authority aforesaid,
that no form or order of common prayers, administration
of sacraments, rites or ceremonies, shall be openly used in
chapel, or other public place of or in any
church or college or ball in either of the Universities, the colleges of
place*? Westminster, Winchester, or Eton, or any of them, other
Penalties
not to
extend to
to presen
tation by
lapse or
depriva-
tion.
No other
form of
common
prayer to
be openly , ,
used in any any church
cxvii] HISTORY OF THE ENGLISH CHURCH 6ii
than what is prescribed and appointed to be used in and 1062.
by the said book. And that the present governor or head Heads of
of every college and hall in the said Universities, and of ^° ^fhail
the said colleges of Westminster, Winchester, and Eton, openly
within one month after the feast of St. Bartholomew, which to the 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 -JJ^th^g^"^^
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 Suchasare
colleges and halls, or any of them, as are or shall be in q ?°^^t
Holy Orders, shall once (at least) in every quarter of the read
year (not having a lawful impediment) openly and publicly common
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 ^o'" o°^i^'
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
16C2.
The
service
may be
used in
Latin in
certain
colleges
and in Con
vocation.
Lecturers
only to
preach
when
licensed.
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 Hcensed, assigned,
and appointed, or received as a lecturer, to preach upon
any day of the week in any church, chapel, or place of
^assent public worship within this realm of England or places
tothesame, aforesaid, the first time he preaches (before his sermon)
his first shall openly, publicly, and solemnly read the common
sermon, 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-
Such
licensed
lecturer
to read
common
prayer,
an
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 °e" fJi-e^"^
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 ^^ "^^"&-
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 cathedral
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^ches
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°^ by^^^s."
lecture or sermon, shall during the time that he shall con- abled per-
tinue and remain so disabled, preach any sermon or lecture \ ^'^^^'
6i4
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,
DOCUMENTS ILLUSTRATIVE OF THE [cxvii
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
county, 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 realm, 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, 1662.
for the esti'blishingj 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 f°^ punish-
ing oiien-
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 ^^^^^ ^^[^^^
which do any way relate to the king, queen, or royal ing to the
progeny, the names be altered and changed from time to f°^^iy ^q
time, and fitted to the present occasion, according to the be altered
direction of lawful authority. to°tim ™as
Provided also, and be it enacted by the authority afore- circum-
said, that a true printed copy of the said book, entitled, The !eq"'iJg
Book of Common Prayer and Administration of the Sacra- True
ments, and other Rites and Ceremonies of the Church, pnnted
according to the Use of the Church of England, together the Book of
with the Psalter or Psalms of David, pointed as they are to Common
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
1662. Provided always, and be it enacted by the authority afore-
Bishopsof said, 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
prepareda
translation committed to their charge within Wales, that the book here-
ofthe Book ^nto annexed be truly and exactly translated into the
ofCommon .
Prayerinto British or Welsh tongue ; and that the same so translated,
Welsh. 2ind 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
such trans- i'^'^printed may be had for every cathedral, collegiate, and
lations to parish church, and chapel of ease, in the said respective
church^or"^ dioceses and places in Wales, where the Welsh is commonly
chapel in spoken Or used, before the first day of May, 1665 ; and that
wlTere' ^^oxQ. and after the imprinting and publishing of the said
Welsh is book so translated, the whole divine service shall be used
spoken" ^ ^^^ ^^^^ ^y ^^^ ministers and curates throughout all Wales
before within the said dioceses where the Welsh tongue is commonly
j^g-^^' used, in the British or Welsh tongue, in such manner and
After that form as is prescribed according to the book hereunto
whole ^ 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
m-ovide^ ^" their hands for the use of the respective churches, and be
such trans- allowed the same on their account ; and that the said
o/^°"i h"^ 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
a'^^o'^tth* ^^^ English tongue shall be bought and had in every
price of church throughout Wales, in which the Book of Common
such trans- p^yer 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 ^^q\^ convenient places within the said churches, that such
otLommon *
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- 1662.
stand the said language may^ by conferring both tongues English,
together, the sooner attain to the knowledge of the Eng- in every
lish tongue; anything in this Act to the contrary not- ^^/^^^^
withstanding : and until printed copies of the said book same book
so to be translated may be had and provided, the form !" Welsh
of common prayer established by Parliament before the compari-
making of this Act shall be used as formerly in such parts ^°"- '° ^^"
courage
of Wales where the English tongue is not commonly knowledge
understood. o^ English.
And to the end that the true and perfect copies of this Arrange-
Act, and the said book hereunto annexed, may be safely "^^Jj!g^
kept and perpetually preserved, and for the avoiding of all copies of
disputes for the time to come, be it therefore enacted by ?^^jf ^
the authority aforesaid, that the respective deans and Welsh are
chapters of every cathedral or collegiate church within P^'o^^^^^d-
England and Wales shall at their proper costs and charges, where, and
before the twenty-fifth day of December, 1662, obtain under how true
1 1 /- -I-. 1 1 1 /• • 1 r ^^^ perfect
the great seal or England a true and perfect prmted copy of copies,
this Act, and of the said book annexed hereunto, to be by under 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 ^o<^^ cf
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 ^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
1662. 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-
professor ^ 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"^ 6di"^ of the nine-and-thirty Articles agreed upon by the arch-
Article bishops and bishops of both provinces, and the whole
of 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 1662.
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- ™onPrayer
used by
monies of this Church of England, together with the Form authority
and Manner of ordaining and consecrating Bishops, Priests, ofP^^li^-
° & r J J ment,
and Deacons, heretofore in use, and respectively established i Eiiz. c. 2,
by Act of Parliament in the first and eighth years of Queen ^ ^}^^- ^' \'
^ ^ -^ ^ 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 f X A n A ^^ mews day,
m the year of our Lord God 1662. 1662
620
DOCUMENTS ILLUSTRATIVE OF THE [cxvin
1665.
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, 1665.
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 public 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 religion, 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 1G65.
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 f°"^i"""
spiritual and temporal, and the Commons, in this present take the
Parliament assembled, and by the authority of the same, following
that the said parsons, vicars, curates, lecturers, and other strained
persons in Holy Orders, or pretended Holy Orders, or pre- -T^. ^In-
tending to Holy Orders, and all stipendiaries and other within cor-
persons who have been possessed of any ecclesiastical or po'^^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 ^f ju™^ ^^
parson, vicar, curate, stipendiary, or lecturer, or taken upon parish,
622
DOCUMENTS ILLUSTRATIVE OF THE [cxviii
1665.
town, or
place
where they
have exer-
cised any
religious
office con-
trary to
law.
The
penalty.
No person
so re-
strained,
unless tak-
ing the
oath afore-
said and
frequent-
ing divine
service, to
keep any
school.
Penalty.
them to preach in any unlawful assembly, conventicle, or
meeting, under colour or pretence of any exercise of reli-
gion, contrary to the laws and statutes of this kingdom,
before he or they have taken and subscribed the oath
aforesaid, before the justices of peace at their quarter ses-
sions to be holden for the county, riding, or division next
unto the said corporation, city or borough, parish, place or
town, in open court (which said oath the said justices are
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.
Provided always, and be it further enacted by the autho-
rity aforesaid, that it shall not be lawful for any person
or persons restrained from coming to any city, town cor-
porate, borough, parish, town, or place as aforesaid, or for
any other person or persons as shall not first take and sub-
scribe the said oath, and as shall not frequent divine service
established by the laws of this kingdom, and carry him or
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
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 pgrs^ns^
served with any writ, subpoena^ warrant, or other process, whose pre-
whereby his personal appearance is required, his obedience proscribed
to such writ, subpcetia, or process shall not be construed an places is
offence against this Act. by'kw
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 was 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
above the . ..,..., , , .
age of i6 of any exercise of religion, in other manner than according
present at ^q the liturgy and practice of the Church of England, in any
tide after pl^ce within the kingdom of England, dominion of Wales, or
May ID, town of Berwick-upon-Tweed, at which conventicle, meeting,
of offence. ^"^ assembly there shall be five persons or more assembled
Definition together, over and besides those of the same household,
° rT' ^^ ^^ ^^ ^^ ^ house where there is a family inhabiting, or
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
conviction, witnesses (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
The for such offence ; and thereupon the said justice, justices,
P^"^'*y ^°^ ^"^ chief magistrate respectively shall impose, on every such
offence. 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 where 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^"^"^^^''
■' r 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-
headborouffh, 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 same, and
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^^^'^ifs
' * 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 I^i^^Y^^"
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 ?^ pansh
sessions, which said court shall deliver the same to the offence is
sheriff, and make a memorial on record of the payment committed,
and delivery thereof, which said memorial shall be a sufifi- informer
cient and final discharge to the said justice and iustices, °^ 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
g g 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,
preaching ^^^^ every person who shall take upon him to preach or
or teaching teach in any such meeting, assembly, or conventicle, and
venticle : ^^^^^ thereof be convicted as aforesaid, shall forfeit for every
to be such first offence the sum of twenty pounds, to be levied in
jj^g 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 n-joney 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 again 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
pena^ty^for ^^^^^ ^^^ every such offence incur the penalty of forty
repeating pounds, to be levied and disposed as aforesaid.
° ^"!^^' And be it further enacted by the authority aforesaid,
The for- •' ^
feiture of that every person who shall wittingly and willmgly 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, ^"^^ ^^
11-1 11 -11 r ■ r ■ 1 suffer Con-
or backside, and be convicted thereof in manner aforesaid, venticles
shall forfeit the sum of twenty pounds, to be levied in ^" ^^^^^
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- gent 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 i^"ble for"^
aforesaid, that no person shall, by any clause of this Act, more than
be liable to pay above ten pounds for any one meeting, J ^" ^
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 in 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
• J.OS
charged shall be paid or levied, to appeal in writing from „ '
the person or persons convicting, to the judgment of the and in
justices 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 : whereupon 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
628 DOCUMENTS ILLUSTRATIVE OF THE [cxix
1670. 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- •' ^^ ' ^
nizances persons 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^.]
Justices of And be it further enacted by the authority aforesaid, that
peace, or , . . . . . , i i • r
those au- ^he justice, justices of the peace, and chief magistrate
thorized respectively, or the respective constables, headboroughs,
may, upon ^^^ 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
suspected
conven-
ticles and shall be informed any such conventicle as aforesaid is oi
those shall be held, as well within liberties as without, and take
assem- jnto 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,
ticlers i 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 fi*^herwith
^ ■' . •' 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 flf^^^ °,
' ' 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 ^^^^*
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 Hmits, 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
1670.
All per-
sons in-
demnified
that put
this Act
in execu-
tion.
This Act
to be in-
terpreted
most bene-
ficially
for sup-
pressing
conven-
ticles.
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.
And be it further enacted by the authority aforesaid, that
if any person be at any time sued for putting in execution
any of the powers contained in this Act, otherwise than upon
appeal allowed by this Act, such person shall and may plead
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.
And be it further enacted by the authority aforesaid, that
this Act, and all clauses therein contained, shall be con-
strued most largely and beneficially for the suppressing of
conventicles, and for the justification and encouragement
of all persons to be employed in the execution thereof ;
and that no 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 ^° ^^ P^*^'
for the same within three months after the offence com- within
mitted ; and that no person who shall be punished for any ?i
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 ^^^^I" ,
' ■' . London to
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"^^'^^^ °f
■" ' 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 fe77ie 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 sMokifeme covert. of the
Provided also, that no peer of this realm shall be ^^^^"^ ^o ^^
attached or imprisoned by virtue or force of this Act ; or im-
any thing, matter, or clause therein, to the contrary, not- poisoned
withstanding. thisAct.
632 DOCUMENTS ILLUSTRATIVE OF THE [cxix
1670. Provided also, that neither this Act, nor anything therein
Proviso contained, shall extend to invalidate or avoid his maiesty's
for the ' . , . . , ^^ . , 1 , . .
king's supremacy in ecclesiastical affairs ; but that his majesty
supremacj' ^j^^j j^jg heirs and successors may from time to time, and
in eccle- ,,•,/- • i • 1, 1
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.
1673. 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
t eAct. 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 Parhament
All per- assembled, and by authority of the same, that all and
sons that eygj-y person or persons, as well peers as commoners, that
offices shall bear any oflfice or offices, civil or military, or shall
or places receive any pay, salary, fee, or wages by reason of any
under his patent or grant from his majesty, or shall have command
majesty or ^j. place of trust from or under his majesty, or from any
the Duke ' i i ■ i
of York, of his majesty's predecessors, or by his or their authority,
residing ^^ |^y authority derived from him or them, within the
within
London or realm of England, dominion of Wales, or town of Berwick-
West- upon-Tweed, or in his majesty's navy, or in the several
minster, or n ,-,
within islands of Jersey and Guernsey, or shall be of the house-
thirty \io\(l or in the service or employment of his majesty, or
miles
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 °^ ^Uegi-
•' ' ■' ance and
1673, or at any time during the said term, all and every supre-
the said person and persons shall personally appear before ^^^y^
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, at 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 ^^^^^ ^^^
r • J 1 riii-i/- 11 Sacrament
of nme and twelve of the clock m the forenoon ; and the according
said respective officers aforesaid shall also receive the sacra- '° '^^
ment of the Lord's Supper, according to the usage of the the Church
Church of England, at or before the first day of August in ^^ ^"S-
. . land,
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
^34
DOCUMENTS ILLUSTRATIVE OF THE [cxx
16:
A certifi-
cate to be
delivered
Into court,
of their
receiving
the Sacra-
ment.
heirs or successors, or by his or their authority or by
authority derived from him or them, within this reahn 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.
And every of the said persons in the respective court
where he takes the said oaths shall first deliver a certificate
of such his receiving the said Sacrament as aforesaid, under
the hands of the respective minister and churchwarden,
and shall then make proof of the truth thereof by two
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 refuse to
shall neglect or refuse to take the said oaths and Sacrament take the
in the said courts and places, and at the respective times 5^ ^d-^
aforesaid, shall be ipso facto adjudged incapable and dis- judged in-
abled in law, to all intents and purposes whatsoever, to an^^othe°
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 ^^^^^ ^^^'
" cute any
or the Sacrament as aforesaid, within the times and in the office after
places aforesaid, and in the manner aforesaid, and vet after ^^f^^al to
' ■' take the
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 persons The
shall be disabled from thenceforth to sue or use any action, Penalty for
, .„ , . . - . . _ , refusal —
bill, plamt, or mtormation m course of law, or to prosecute incapa-
any suit in any court of equity, or to be guardian of any ^^^"^^y °^
prosecut*
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 °^ ^^ ^^^"S
this realm of England, dominion of Wales, or town offoany^"
Berwick-upon-Tweed ; and shall forfeit the sum of five ^^*^<^' °^
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
1673. courts at Westminster, wherein no essoin, protection, 01
wager of law shall lie.
The regis- And be it further enacted by the authority aforesaid, that
tration of ^^^^ names of all and singular such persons and officers
the names ° ^
of persons aforesaid, that do or shall take the oaths aforesaid, shall
taking the ^^^ -^ ^j^^ respective courts of Chancery and King's Bench
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 ^j^^ respective courts aforesaid, to give and administer the
made to ^ - . . .
the courts, said oaths aforesaid to the person or persons aforesaid, in
they are to j^j^^nner 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 ^^^ hx&d up by his or their parent or parents from their
up in the . , . , 1 . . 1 r ■ 1 1
popish infancy in the popish religion, and professing themselves
religion ' ^^ j^g popish recusants, shall breed up, instruct, or educate
by his
parents, his or their child or children, or suffer them to be instructed
shall breed ^j. educated in the popish religion, every such person, being
up or suffer . , , ,, 1 r 1 /- 1 t 1 1 j r
his chil- thereof convicted, shall be from thenceforth disabled of
dren to be bearing any office or place of trust or profit in Church or
bred up in o y
cxx] HISTORY OF THE ENGLISH CHURCH 637
State ; and all such children as shall be so brought up, 1(573.
instructed, or educated, are and shall be hereby disabled that
of bearing any such office or place of trust or profit, until ^h^'^"
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 ^g of the
^ oaths, to
shall take the aforesaid oaths of supremacy and allegiance, subscribe
they shall likewise make and subscribe this declaration fol- ^^^. ^^^^^'
ration
lowing, under the same penalties and forfeitures as by this following.
Act is appointed :
' I, A. B.y 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 taking the oaths aforesaid. ^° ^^ ^^P^
° of the sub-
Provided always, that neither this Act, nor anything scription.
therein contained, shall extend, be judged, or interpreted ^^^^ ^^^
-' ° ^ not to ex-
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 j^°" ^^
pension or salary granted by his majesty to any person for impost,
valuable and sufficient consideration for life, lives, or years, ^^"!^°"^'
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
1673, or voluntary pensions ; nor to take away or make void any
or offices estate of inheritance granted by his majesty, or any his
of inherit-
ance ; predecessors, to any person or persons of or m any lands,
or to make rents, tithes, or hereditaments, not being offices ; nor to
void any ^^]^g away or make void any pension or salary already
pension ■' •' ^ •' ■'
granted to granted by his majesty to any person who was instrumental
any person jj-^ ^.j-^g happy preservation of his sacred majesty after the
mental in battle at Worcester in the year 165 1, until his majesty's
th^^F^^"^ arrival 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 ttie 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-
tend*to^^' joying any such office or offices of inheritance, do or shall
holders of Substitute and appoint his or their sufficient deputy or
inherk-° deputies (which such officer or " officers respectively are
ance who hereby empowered from time to time to make or change,
neT^tTh ^'^y former law or usage to the contrary notwithstanding)
said oaths ; to exercise the said office or offices, until such time as the
ho v^"^^ person or persons having such office or offices shall volun-
appoint tarily in the Court of Chancery, before the lord chancellor
deputies ^^ j^j.^^ 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 disability 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, ^^^^g^^^^,
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 age of eighteen years, or being beyond or upon ^or married
the seas, or found by the lawful oaths of twelve men to persons
be non compos mentis^ and so being and remaining at the ""j^."!^^^'
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 ^^ "^^^
J ^ J J 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 %^'"^u
office, may be capable, by a new grant, of the said office, neglect or
640
DOCUMENTS ILLUSTRATIVE OF THE [cxx
1673.
refusal of
oaths, &c.,
capable of
restoration
on taking
same.
This Act
not to
extend to
non-com-
missioned
officers in
the navy,
if they sub-
scribe the
declara-
tion.
Saving
for the
pensions
granted to
the Earl
and
Countess
of Bristol.
This Act
not to
extend to
constables,
tithing-
men,
church-
wardens,
&€., or
private
officers.
or of any other, and to have and hold the same again,
such person taking the said oaths, and doing all other
things required by this Act, so as such office be not granted
to, and actually enjoyed by, some other person at the time
of the regranting thereof.
Provided also, that nothing in this Act contained shall
extend to make any forfeiture, disability, or incapacity in,
by, or upon any non-commissioned officer or officers in his
majesty's navy, if such officer or officers shall only subscribe
the declaration therein required, in manner as the same
is directed.
Provided also, that nothing in this Act contained shall
extend to prejudice George, earl of Bristol, or Anne,
countess of Bristol, his wife, in the pension or pensions
granted to them by patent, under the great seal of England,
bearing date the sixteenth day of July in the year of our
Lord 1669, being in lieu of a just debt due to the said
earl from his majesty, particularly expressed in the said
patent.
Provided also, that this Act, or anything therein con-
tained, shall not extend to the office of any high constable,
petty constable, tithingman, headborough, overseer of the
poor, churchwardens, surveyor of the highways, or any like
inferior civil office, or to any office of forester, or keeper
of any park, chace, warren, or game, or of bailiff of any
manor or lands, or to any like private offices, or to any
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.]
His Majesty s gracious declaration to all his loving
subjects for liberty of conscience.
It having pleased Almighty God not only to bring us to The king,
the imperial crown of these kingdoms through the greatest ^" p^^^"
_„ , . , , , tude to
difficulties, but to preserve us by a more than ordinary pro- God,
vidence upon the throne of our royal ancestors, there is <^^sires to
. ensure the
nothing now that we so earnestly desire as to establish our good
government on such a foundation as may make our subjects ^^^^^^^I, .
, 1-1 , . ,. . mentofhis
happy, and unite them to us by inclination 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
the time to come, and add that to the perfect enjoyment of ing reli-
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
. . ^ security,
kingdoms, during 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- f^'^ough
. ' 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
■1 . . ..... , . . v^atnoiics,
to our inclination, as we think it is to the interest of govern- he respects
T t
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
^K-'^K^ "^ ^^^^ made upon the conduct of the four last reigns. For
the recent ^^er all the frequent and pressing endeavours that were
history of used in each of them to reduce this kingdom to an exact
compul- ... ... .,..,,, ,
scry uni- conformity m 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 pub-^"'^^ ^^^ °^'' loving subjects, that they may live at ease and
lished by quiet, and for the increase of trade and encouragement of
orero^"^^ Strangers, 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
an?f°ith niaintain our archbishops, bishops, and clergy, and all other
of the our subjects of the Church of England in the free exercise
En^[and° °^ ^^^'^ 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 will and
pena aws p^^^sure that from henceforth the execution of all and all
are sus- ^
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
vjorship IS pgj^cg and security of our government in the practice thereof
without may not be endangered, we have thought fit, and do
prejudice j^gj-^j^y straitly charge and command all our loving
to the king, j j o o
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 restnc-
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^^^j."
thought it requisite, and do hereby command, that no dis- to be dis-
turbance of any kind be made or given unto them, under '"^°^"
•' ° ' 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-Testsare
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 (who are other-
wise well inchned 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
644 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.
6. Al) And to the end that all our loving subjects may receive
disabilities ^^^ enjoy the full benefit and advantage of our gracious
and indulgence hereby intended, and may be acquitted and
ments are discharged from all pains, penalties, forfeitures, and dis-
remitted. 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 religion, 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
confir^^^d^ hereby given in relation to religion and property might be
to the sufficient to remove from the minds of our loving subjects
owners. ^|| {q^lxs 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 Parliament 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- *^^. decla-
ration of
senting all the estates of the people of this realm, did upon Parlia-
the thirteenth day of February, in the year of our Lord 1688, ment.
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. :
W^hereas the late King James II, by the assistance of Charges
divers evil counsellors, judges, and ministers employed by y|^"gjj
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 pensing
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 ^icaUom"
Commissioners for Ecclesiastical Causes. mission,
646 DOCUMENTS ILLUSTRATIVE OF THE [cxxii
1689. 4. By levying money for and to the use of the crown, by
levying pretence of prerogative, for other time, and in other manner,
money, ^^^^ ^j^^ ^^^^ ^^^^ granted by Parliament.
keeping 5. By raising and keeping a standing army within this
standing j^jj^gf^Qn^ jn time of peace, without consent of Parliament,
army, o jt '
and quartering soldiers contrary to law.
disarming 6. By causing several good subjects, being Protestants, to
tants^^' b^ disarmed, at the same time when papists were both armed
and employed, contrary to law.
violating 7. By violating the freedom of election of members to
elections, ^^^^^ -^^ Parliament.
wrongful 8, By prosecutions in the Court of King's Bench, for
tions^^^ matters and causes cognizable only in Parliament ; and by
divers other arbitrary and illegal courses,
summon- ^^ ^^d whereas of late years partial, corrupt, and unquali-
juries^^^ fied persons have been returned and served on juries in
trials, and particularly divers jurors in trials for high treason,
which were not freeholders,
demand- 10. And excessive bail has been required of persons
swe baif ^" committed in criminal cases, to elude the benefit of the laws
made for the liberty of the subjects,
levying n. And excessive fines have been imposed, and illegal
fineramf ^"^ cxmq\ punishments inflicted.
punish- 12. And several grants and promises made of fines and
TnT grant- forfeitures, before any conviction or judgment against the
ing fines, persons, upon whom the same were to be levied —
AlTcon- -^^^ which are utterly and directly contrary to the known
trary to laws and statutes, and freedom of this realm :
^^'. And whereas the said late King James II having abdi-
tion of cated the government, and the throne being thereby vacant,
James II, ]^{^ highness the Prince of Orange (whom it hath pleased
of Parlia"^ Almighty God to make the glorious instrument of delivering
ment by ^^ig kingdom from popery and arbitrary power) did (by the
IIL ^^ 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 two-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 "^^"''being
' ^ ^ assembled,
elections, being now assembled in a full and free repre- vindi-
sentative of this nation, taking into their most serious ^^^^ ^J*^
consideration the best means for attaining the ends afore- rights,
said, do in the first place (as their ancestors in like case ^"^ ^^"
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 pjfj^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 ecclesias-
Commissioners for Ecclesiastical Causes, and all other courts •
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 timiC, 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 pfj^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 against law.
army. ^ That the subjects which are Protestants may have arms
eclara- ^^^ ^j^^-j, (jefgnce suitable to their conditions, and as allowed
tion that '
subjects by law.
may bear g rj.^^^ election of members of Parliament ought to be
arms ; °
ofthe f^ee.
freedom of 9. That the freedom of speech, and debates or proceed-
an^d of"' ^'^S^ ^^ 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
CGSSIVG
bail should 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
moned"-^" o^ght 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; 13. And that for redress of all grievances, and for the
Parlia- amending, strengthening, and preserving of the laws, Parlia-
ments ments ought to be held frequently.
frequently ^^^ ^^^^y ^^ 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, 1689.
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 Hfe 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 gia^^e'
might be required by law, instead of them ; and that the said &c.—
oaths of allegiance and supremacy be abrogated.
' I, A. B.J 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
crown ^ royal 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 ^j^^ thereupon their majesties were pleased that the said
Houses to . .
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' '^^"S ^"^
1 .... , 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 royal 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 hmitation 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 anything to the
contrary.
Papists And whereas it hath been found by experience, that it is
the crown ^Inconsistent with the safety and welfare of this Protestant
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- ^^^S" ^°
td.kc the
perial crown of this kingdom, shall on the first day of the declaration
meeting of the first Parliament next after his or her coming of 3oChas.
1 ..... , , , , ^^ °. II, Stat. 2,
to the crown, sittmg m his or her throne m 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- ^l^^ ^^
' '^ NOH 00-
^ Annexed to the original Act in a separate schedule. stante
made void.
654
DOCUMENTS ILLUSTRATIVE OF THE [cxxii
1689.
Pardons
excepted
before
October
23, 1689.
liament, no dispensation by non 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 Parhament ^].
Provided that no charter, or grant, or pardon, granted
before the three-and-twentieth day of October, in the year
of our 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
the Act —
to unite
Protestant
subjects.
The laws
against
religious
noncon-
formity
shall not
extend to
Dissenters
who shall
take the
Forasmuch as some ease to scrupulous consciences in
the exercise of religion may be an effectual means to unite
their majesties' Protestant subjects in interest and affection :
Ee it enacted by the king's and queen's most excellent
majesties, by and with the advice and consent of the Lords
spiritual and temporal, and the Commons, in this present
Parliament assembled and by the authority of the same,
that neither the statute made in the three-and-twentieth
year of the reign of the late Queen Elizabeth, entitled, ' An
Act to 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 °aths of
11 • r • 1 1 r 1 1 allegiance
and due execution of certam branches of the statute made and supre
in the three-and-twentieth year of the queen's majesty's rnacy.
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 assembling
and sitting of this 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 OE THE [cxxiii
1689. 'An Act to prevent papists from sitting in either House
Taking of Parliament ; ' which oaths and declaration the justices of
to be 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
tknl^and' 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^ecus- ^^^^ ^^^ ^^^ every person and persons, already convicted
ancy, or prosecuted in order to conviction of recusancy, by
oaths^&^ indictment, information, action of debt, or otherwise,
shall be grounded upon the aforesaid statutes, or any of them, that
ofai?pena?- ^^^^^ ^^^^ ^^^ ^^^^ °^^^^ 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,
not be ^Y\r^^ r^w and every person and persons that shall, as afore-
underthe said, take the said oaths, and make and subscribe the
Acts 35 declaration aforesaid, shall not be liable to any pains,
Chas. 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 prosecuted
■' -' ^ 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 dissenting from attending
the Church of England shall be had in any place for with
religious worship with the doors locked, barred, or bolted, ^p^^^^
' J 7 doors ex-
durmg any time of such meeting together, all and every eluded
person or persons that shall come to and be at such ^on^ the
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 although
1 -i-i-A r ^ ^ ' • • ^ 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 s^^^*^-
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,
Dointed to bear the office of high-constable, or petit-con- "^p-' . ^
° ' ^ allowed to
Stable, churchwarden, overseer of the poor, or any other act by
Darochial or ward office, and such person shall scruple to ^^P^ty*
:ake upon him any of the said offices in regard of the oaths,
3r any other matter or thing required by the law to be
:aken or done in respect of such office, every such person
;hall and may execute such office or employment by a
lufficient deputy, by him to be provided, that shall comply
vith the laws on this behalf. Provided always, the said
U u
658 DOCUMENTS ILLUSTRATIVE OF THE [cxxiii
1689. 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 ^^^^ ^^ person dissenting from the Church of England in
from 17 Holy Orders, or pretended Holy Orders, or pretending to
c 2 . ■ ' Holy Orders, nor any preacher or teacher of any congrega-
22Chas. II, tion of dissenting Protestants, that shall make and subscribe
14Chas.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 Churchlciur
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
city,
cxxiii] HISTORY OF THE ENGLISH CHURCH 659
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°"s^
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-
twentieth 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- ^^^^^
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,
in( or from being chosen or appointed to bear the office of
rcb :hurchwarden, overseer of the poor, or any other parochial
llie :>r ward office or other office in any hundred of any shire,
ity, town, parish, division, or wapentake.
' Annexed to the original Act in a separate schedule.
U U 2
tai
66o
DOCUMENTS ILLUSTRATIVE OF THE [cxxiii
1689.
Justices of
the peace
may tender
the oaths,
&c.
Penalty
for refus-
ing.
Quakers,
how ex-
empted.
Declara-
tion of
fidelity.
And be it further enacted by the authority aforesaid^
that every justice of the peace may at any time hereafter
require any person that goes to any meeting for exercise of
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 foieign
prince, person, prelate, state, or potentate, hath or ought
cxxiiil HISTORY OF THE ENGLISH CHURCH 66i
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 w^ords :
' 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 Profession
peace of the county, city, or place where every such person to be en-
shall then reside ^] And every such person that shall make J.ecord°
and subscribe the two declarations and profession aforesaid, Benefits
being thereunto required, shall be exempted from all the gubscrib-
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 II, 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
any other dissenters shall or ought to enjoy by virtue of
this Act.
Provided always, and be it enacted by the authority How
aforesaid, that in case any person shall refuse to take the PJi'^s^d
after re-
said oaths, when tendered to them, which every justice of fusal.
^ Annexed to the original Act in a separate schedule.
662
DOCUMENTS ILLUSTRATIVE OF THE [cxxiii
1689.
Laws for
divine
service in
force.
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 per.ce, 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, ce^ted."
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 3|ist"ui-bers
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? '?
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.
664 DOCUMENTS ILLUSTRATIVE OF THE [cxxiii
1G89. 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 Wary ^^^ °^ ^^^ ^^^^ most gracious sovereign lady Queen Mary
s. 2, cap. 2 (of blessed memory), an Act of Parliament was made,
CXXID°' ^^titled, 'An Act for declaring the rights and liberties 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 8"^^° . ,
restored to the full and free possession and enjoyment of out issue,
their religion, rights, and liberties, by the providence of God ^m,?^
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. 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 hmitations 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
Further present and future welfare of these kingdoms, and par-
fo°the°" ticularly recommending from your throne a further provision
throne to be made for the succession of the crown in the Protestant
necessary. ^^^^^ ^^^ ^^^ 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 :
Princess Therefore for a further provision of the succession of
declared ^^^ crown in the Protestant line, we your majesty's most
next sue- dutiful and loyal subjects, the Lords spiritual and temporal,
the crown ^^^ 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 maiesty S "^ ^"^
■' -' rrincess
respectively : and that from and after the deceases of his Anne of
said majesty, our now sovereign lord, and of her royal ^^"^^^.*^
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 ' ^ remain,
and continue to the said most excellent Pr* 'ophia,
and the heirs of her body, being Protestant. : nto and the
the said Lords spiritual and temporal, and Co .1 body,
and will, in the name of all the people of tb' aost being Pro-
humbly and faithfully submit themselves, neirs and
posterities; and do faithfully promise t^. ^er the de-
ceases of his majesty and her royal ess, and the
failure of the heirs of their respectiv js, to stand to,
maintain, and defend the said Prince' .lia, and the heirs
of her body, being Protestants, ac ^ to the limitation
and succession of the crown in ' jt specified and con-
tained, to the utmost of their '■ _ s, with their lives and
estates, against all persons • >ever that shall attempt
anything to the contrary.
Provided always^ and hereby enacted, that all and Roman
every person and perse lO shall or may take or inherit in^ap^^d-^
the said crown, by v' : ; of the limitation of this present tated from
Act, and is, are, or je reconciled to, or shall hold com- ISJeTrown.
munion with, ihf jx 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 ^r^id recited Act provided, enacted, and established ; and
take the that every king and queen of this realm, who shall come
coronation ^o and succeed 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,
and sub- entitled, ' An Act for establishing the coronation oath,' and
scribe the
declara- shall make, subscribe, and repeat the declaration in the
tion. 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
ine re^-^^' ^^^'^her provision be made for securing our religion, laws,
ligion, &c., and liberties, from and after the death of his majesty and
ofissuTof Pj^iJ^cef-s Anne of Denmark, and in default of such issue of
the Prin- the bcdy of the said princess and of his majesty respec-
ancf nh^ tively*^' be it enacted by the king's most excellent majesty,
king. by and with the advice and consent of the Lords spiritual
and tempora', and Commons, in Parliament assembled, and
by the authority of the same : —
The That whosoever shall hereafter come to the possession
shafnofn ^^ ^^^^ crown shall join in communion with the Church of
the Church England, as by law established.
land"^" That in case the crowr and imperial dignity of this realm
The nation shall hereafter come to any person, not being a native
not oun ^ ^j^j kingdom of Englarid, this nation be not obliged to
to engage a o j &
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
sovereign ^ ^j^jg crown shall go out of tho dominions of Endand,
shall not ° ° '
quit Eng- Scotland, or Ireland, without consent of Parliament,
land but by r^^^^ ^^^^ ^^^ ^^^^^ ^^i^ ^-j^^ ^^i^x ihe further limitation
consent of
cxxiv] HISTORY OF THE ENGLISH CHURCH 669
by this Act shall take effect, all matters and things relating 1700.
to the well governins; of this kinp;dom, which are properly P^^^'^-
cognizable in the Privy Council by the laws and customs of things
of this realm, shall be transacted there, and all resolutions cognizable
' .by the
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
Y\f> TTi 3 ri ^
no person born out of the kingdoms of England, Scotland, ■
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 j^Q^^ge of
capable of serving as a member of the House of Con^mons. Commons.
That after the said limitation shall take effect as aforesaid. How
judges' commissions be made quamdiu se bene gessertnt, and ^^JJ^^^^^
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. "" ^^ ' ^^
And whereas the laws of England are the birthright of ah laws
the people thereof, and all the kings and queens, who shall fo^ secur-
ascend the throne of this realm, ought to administer the established
government of the same according to the said laws, and all rehgion,
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 ot 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.
Oxford : Horace Hart, Printer to the University
Date Due
/^i/ :?
DEC .
^^ t^o
rr«5 5 '6-^
\
MAY 11 '-'■
\m /^ m/
/
1
jis» <^ m
1
Library Bureau Cat. No. 1137
U/ELLSDINDERYINC.
VVALTii/M, MASS.
JLLV 1965
vam
c.,,H.3,5002 00179 6148
Documents illustrative of English church
CLAPP
BR 741
. G3 1896
Gee, Henry, 1858
-1938.
Documents illust
rative
of
English church
history
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