YALE UNIVERSITY
LIBRARY

THE LIBRARY OF THE
DIVINITY SCHOOL

RECORDS

SUPREMACY OF THE CROWN,

AND OF THE

CIVIL AND RELIGIOUS LIBERTIES

THE PEOPLE OP. ENGLAND.

JAMES BROGDEN, M.A., of Trinity College, Cambridge,
AND VICAR OP DEDDINGTON, OXON.

LONDON:
JOHN MILRKAY, ALBEMARLE STREET.
1851.

London:
Spottiswoodes and Shaw,
New -street* S quare .

NOTICE TO THE READER.

The following pages consist of the preface and appendix
to " Catholic Safeguards against the Errors, Cor
ruptions, and Novelties of the Church of Rome."
The Author has been induced to print and publish
these records in a separate volume, with a hope, that
on a subject of great national importance, they may
prove of service.

Trinity College, Cambridge,
March 17. 1851.

A 2

CONTENTS.

Bedae Hist. Lib. II. c. ii. ; Lib. I. c. xxiii. xxiv. xxv. xxvi. xxvii. xxviii.
xxix. xxxi. xxxii. xxxiii. ; Lib. II. c. ii. - - 1
Dinooth's Answer - - - - - - -11
Dooms of
' -ffithelbirht ----.... 11
Hlothasre and Eadric - - - - - -11
Wihtaed ------ - - 12
Alfred -----... 12
Ine - - - - - - - . - 13
JEthelstan ... ....13
Edmund - - - - - - . -14
Edgar - - - - .... 14
Ethelred - ----..-14
Cnut ----- ..15
St. Edward the Confessor - - - - . -16
Records of —
William the Conqueror - . - . . - 16
 Kufus - - . . . _ -17
Hen. I. -----... 17
Stephen - - - . . . . -18
Henry II. - - - - . _ . - 18
John - - - . . . . -20
Statutes of —
Henry III. - - - . . . . -21
Edward I. - - - . . . . -21
Edward III. - . . . _ _ -23
Eichard II. - - - - . . _ - 29
Henry V. - - - . . . . -38
Henry VIII. ------- 38
Edward VI. - - -. . - 47
Elizabeth - - - - . . . -49
George IV. - - -  68
Victoria - - - - . . _ -77
The Brief of Pope Pius IX. - - . ., . ~_ 86
Pastoral of Cardinal Wiseman - - - . . - 90

PREFACE.

The Editor, at the outset of this work, which is only made
up from the works of others, never wished to engage him
self, by writings of his own, in religious controversy, and
especially on those points of difference which exist between
the Church of England and the Church of Rome, and which
have been so ably managed on both sides.
It is his belief that careful reference to the teaching of
our great divines, who lived during the seventeenth century,
will always prove the surest safeguard of the Church of
England against her adversaries ; and he is not so pre
sumptuous as to seek to be more than a faithful guide to
direct students in the right way.
It has thus been his endeavour that this work may prove
of service ; and, if it meets with sufficient encouragement,
the original plan of extending it to five volumes will be car
ried into effect by the publication of a second series.
The contents of the first Volume concern the Catholic
Church, the differences which exist between the Church of
England and the Church of Rome, and a just Vindication
of the Church of England from the unjust aspersion of
Criminal Schism. A 3

VI PREFACE.
The second Volume contains treatises on points of con
troversy which relate to " the Errors, Corruptions, and
Novelties of the Church of Rome."
The third Volume is confined to one subject — the Royal
Supremacy ; and the Appendix records documents which
extend from the mission of St. Augustine, by St. Gregory
the Great, to the Papal Usurpation, now attempted to be
made in England by Pope Pius IX.
The Editor has added an analytical Index, in order to
make the work complete-
Regarding the Appendix, which is the only part of
Catholic Safeguards for which any immediate authorship
may be claimed, the Editor is ready to meet his full respon
sibility. It is arranged by him, not as au Ecclesiastic, least of all
as a Controversialist, but as an Englishman, on the subject
of British law, in matters of fact, with regard to due obe
dience to the Sovereign.
He trusts that it may prove subsidiary to those masterly
statements made in the legal reports of Sir John Davis and
Lord Chief Justice Coke.
Cawdry's case, though assailed by an eminent Roman
Catholic writer (Parsons), and by Collier, the learned non-
juring historian, has never yet ceased to be respected by the
judgment of great legal authorities ; but, on the contrary,
was fully noticed, and its principles reasserted by the Lord
Lyndhurst (then Lord Chancellor), the Lords Denman,
Campbell, and other law Lords of Parliament, by declara
tions made by them, in the House of Lords, during discus
sion of the Religious Opinions Relief Act, passed in the
year 1846.
The claim of supreme ordinary jurisdiction, as now made
by the Pope, to the fullest extent, according to the Canon
Law of the Apostolic See, was never allowed in England
during Roman Catholic times.

PREFACE. VII

As an instance of this fact, that part of the Canon Law
which legitimatised those born before matrimony, provided
their parents were afterwards married, was, by the statute of
Merton, expressly repudiated, in those memorable words,
" Nolumus leges Anglise mutari."
It is scarcely necessary to add, regarding Appeals, the
8th Canon of the Council of Clarendon : —
" De appellationibus si emerserint, ab archidiacono de-
bebit procedi ad episcopum, ab episcopo ad archiepiscopum,
et si archiepiscopus defuerit in justitia exhibenda, ad domi-
num regem perveniendum est postremo, ut prsecepto ipsius
in curia archiepiscopi controversia terminetur ; ita quod non
debeat ultra procedi absque assensu domini regis."
The dooms and charters of the Saxon Kings, the statutes
and charters of the Norman Kings, prove that supreme
" Ordinary Jurisdiction " formed part and was exercised as
part of the Royal Supremacy ; the sovereign being under
no earthly subjection, but, as " God's Vicar," immediately
under him chief ordinary " over all persons, in all causes "
within the realm.
Accordingly the laws of iEthilbirht, Wihtrsed, Alfred,
and their successors, down to the time of St. Edward the
Confessor, show : — that bishops were invested by the King ;
— that the King was ordered to be prayed for, — that days
of fast and festival were appointed by those laws, — an oath
of fidelity to the King required of all above the age of twelve
years ; — that the Ritual of the Church, especially that part
of it relating to Baptism and the holy Eucharist, was ordered
by royal mandate : — that the neglect of baptising infants
was punished, — the celebration of solitary masses by priests
forbidden : — tithes granted by the King, in his own right,
— and Scripture itself interpreted by the dooms of Alfred ;
— while the Pope's Supremacy, during this period, although
the bishops of England are continually mentioned in these
A 4

viii PREFACE.
documents, to which they subscribed, was never so much as
named in any one of them.
The answer of William the Conqueror, refusing fealty to
the Pope, is a bold and true appeal to the independence
of his predecessors : — " Religious Father, your legate
Hubert coming unto me admonished me in your behalf,
inasmuch as I should do fealty to you and your successors ;
and that I should take better care for the payment of the
money which my predecessors were wont to send to the
Church of Rome. One thing I have granted, the other 1
have not granted. Fealty I would not do, nor will I ; be
cause I neither promised it, neither do I find that my pre
decessors ever did it to your predecessors."
His charter to Battle Abbey proves that he exercised the
right of Supreme Ordinary, by granting to that religious
body perpetual freedom from all episcopal government ; and
we know that he retained the ancient custom of the Saxon
Kings, investing bishops and abbots, by delivering to them
the ring and staff.
"It is agreed," says Sir Edward Coke, " that no
man can make any appropriation of any Church having
cure of souls, being a thing ecclesiastical, but he that hath
ecclesiastical jurisdiction : but William I., of himself with
out any other, as King of England, made appropriation of
churches with cure, to ecclesiastical persons; wherefore it
followeth that he had ecclesiastical jurisdiction."
It does not appear by any law of the realm, that the sub
sequent giving up, or rather the non-usage by the Crown, of
the ancient donative right of investiture, ever amounted to
any thing more than a royal concession, or permission to
elect, — as the terms of the writ express it, — a conge
d'elire, and that not granted to the Pope, but to deans and
chapters, ^.nd monastic bodies, consisting of British subjects
in Engjarfd. For it is a maxim of our law, that the Crown

/

PREFACE. IX
cannot alienate ks regalities, which are firmly asserted by
King Henry I. in a letter to Pope Paschal II.
The Council of Clarendon met attempts to sue out of the
realm, and send appeals to Rome, by the negative already
quoted, and by an assertion of the Royal Supremacy. It
was the earls and barons who with one voice, in the Par
liament at Merton, answered the bishops, that they would
not change the laws of the realm ; yet at that time many of
the judges of the realm were of the clergy, and they, too,
constantly maintained the laws of England against the en
croachments of any foreign power.
In the struggle which ensued from the time of Hildebrand
until the reign of Henry VIII., during which period the
encroachments of the Papal See were often too successfully
pressed, this remarkable fact may be noted, that they were
never formally acknowledged by any one of the statutes of
the realm, however they may have been connived at, or
allowed by personal acts of the counsellors of weak monarchs
in times of trouble.
On the contrary, each successive papal usurpation was
promptly met by remonstrance from the King and his nobles
— ¦ and by a legal enactment, making such aggression criminal,
and declaring it at the same time to be repugnant to the
ancient laws and customs of the realm.
The statutes passed in the reign of King Henry VIII.,
Edward VI., and Queen Elizabeth, all jointly refer to the
common law of England, and to those declaratory statutes
of Edward I., Edward III., Richard II., Henry IV., and
Henry V., which were passed (as indeed the Statute of
Appeal in the reign of King Henry VIII. was enacted),
while the King and the people of England were in commu
nion with the See of Rome. ^ — — _^ — ,
And thus it is evident that the Royal Supremacy was not
invented at the Reformation ; but was gradually denned,

X PREFACE.
explained, and called into action, to meet and resist, by
statutory enactments, encroachments, and contradictory
usurpations of the Pope : — just as the dogmatic teaching
of the Christian Faith was, by Oecumenical Councils, in
creeds, made more definite against heresies — which could
not be denied before they sprung up and were propagated.
And, therefore, to say that the Royal Supremacy of the
Queen of England is " indefinite and impossible to be de
fined," because it was not defined during the times of those
Popes who did not invade it ; is almost as illogical as to
conclude, that because the Grecian lawgiver did not decree
against parricide, it was therefore lawful for a son to murder
his father.
It should also be remembered, that since the Conquest,
the Crown, in asserting its regalities against the Pope, has,
with the Parliament of England, continually acted on the
defensive against aggression.
No new authority has ever been claimed ; no power of
the keys attempted to be exercised. It is true that in the
reign of Edward VI., the royal concession of a conge d'elire
was abolished ; but that act, which was a stretch of supre
macy never assumed by Henry VIII. (who limited the free
exercise of choice by letters missive), was repealed, and has
never since been revived.
The injunctions of Queen Elizabeth claim, through de
scent from her father, the same and only the same authority,
" which is, and was of ancient time, due to the imperial
Crown of this realm, that is, under God to have the sove
reignty and rule over all manner of persons born within
these her realms, dominions, and countries, of what estate,
either ecclesiastical or temporal, soever they be, so as no
Foreign Power shall or ought to have any superiority over
them." It has indeed been said, that the whole power of the keys

PREFACE. XI
was claimed for Henry VIII. But it will be found difficult
to cite authorities to prove that any such power was ever
exercised — and especially by those writers who, like Mr.
Macaulay, assert that " Shrift" formed no part of the eccle
siastical system which Henry VIII. defended.
The Act called that of Submission of the Clergy has often
been cited by Roman Catholic writers, as if it admitted,
on the part of the clergy of England, new powers assumed
by the Crown : and rendered the Anglican Church „" the
creature and slave of the State."
It is hoped that the Appendix will serve to clear some, if
not all, of the following facts.
That if Edward VI. abolished the conge d'elire at the
Reformation, he only returned to the usage of St. Edward
the Confessor.
If Henry VIII. appointed a commission of thirty-two
persons (half of the clergy and half of the temporally), to
reform the ecclesiastical laws of England — dooms eccle
siastical of Saxon Kings were enacted, in like manner, by
clergy and laity, upon royal convocation of the " Witan."
If Henry VIII. by an act of Parliament forbade appeals
to Rome, and rejected the Pope's authority, he only gave
effect to the " Constitutions of Clarendon," laws of King
Henry III., and the acts of William the Conqueror.
If Queen Elizabeth appointed commissioners, among whom
was a layman (Sir Thomas Smith), to review the Liturgies
of King Edward VI., and to frame the Thirty-nine Articles
of Religion, Saxon Kings (Alfred, Edmund, Edgar, Cnut,
and St. Edward the Confessor) regulated religion and
matters ritual, within the realm, by the counsel, clerical and
lay, of their " Witan."
If those Thirty-nine Articles of Religion, with the Liturgy
and Ritual, declare against the sacrifice of the Mass, as
offered by the priest in the Church of Rome, and according

Xll PREFACE.
to the decrees of the Council of Trent — solitary Masses
were equally forbidden by the ecclesiastical institutes of our
Saxon forefathers.
If we hold a Canon of holy Scripture different from that
decreed by the Council of Trent, it accords with the Bible
brought into England, from St. Gregory the Great, by the
missionary Augustine.
If we now reject within the realm of England the Supre-
macy» of the Pope, and his assumed title of Universal
Bishop, we strictly conform to the conduct of St. Gregory,
that great benefactor, though not founder, of the Church of
England, who said : " Nullus unquam tali vocabulo appel-
lari voluit, nullus sibi hoc temerarium nomen arripuit : ne
si sibi in Pontificatus gradu gloriam singularitatis arriperet,
hanc omnibus Fratribus denegasse videretur" . . . . " absit
a Cordibus Christianis nomen istud blasphemise, in quo
omnium sacerdotum honor adimitur, dum ab uno sibi de-
menter arrogatur."
If the Parliament of England reject an attempt, made by
a foreign sovereign, to govern England by the Roman
Canon Law, they follow the example, in favour of civil and
religious liberty, afforded by the barons of old, who said :
" Nolumus leges Angliae mutare."
But it has been objected to Anglo-Saxon laws, by Dr.
Lingard, that, though they firmly prove what has been stated,
they are the enactments of sovereigns, " ignorant of eccle
siastical discipline and impatient of control."
It has been said, that "the 'impetuosity' of those mon
archs was not easily induced to bend to the authority of
the Canons, and their caprice frequently displayed itself in
the choice and expulsion of their bishops."
After mention of the case of Agilbirct, the learned writer
adds, " This and similar instances, which occur during the
first eighty years of the Saxon Church, show the inconstant

PREFACE. Xlll
humour and despotic rule of these petty sovereigns : and the
submission of the prelates proves that they were either too
irresolute to despise the orders, or too prudent to provoke
the vengeance of Princes, whose power might easily have
crushed the fabric which they had reared with so much
labour and difficulty." . ..." In historical records of the
ninth and tenth centuries we meet with frequent mention of
the succession to bishoprics : but the vague and doubtful
language of the authorities throws but little light on the
subject, sometimes describing the appointment as made by
the unfettered choice of the clergy and people, and sometimes
as proceeding solely from the absolute will of the Sovereign."
. . . . " Under Canute and his successors, the will of the
King was notified in a more imperious manner, and by
them the practice of investiture, with the ring and crozier,
seems to have been introduced." . ..." In the reign of
Edward the Confessor (who appears to have been frequently
deceived), the prevalence of the abuse attracted the notice,
and provoked the severity of Pope Nicholas II. His Legates
arrived in England, and conferred with the King ; but the
death, first of Nicholas, then of Edward, occurred shortly
afterwards ; and within a year the battle of Hastings
transferred the English sceptre into the hands of the
Norman Conqueror."
These are certainly grave charges, which ought to be met
and examined.
The first doom of King Ethelbirht protects Church-pro
perty, and particularly the property of bishops: — the laws
of Wihtraed require that " the word of a bishop and of the
king shall be without an oath incontrovertible," — the sup
plement to King Edgar's laws gives the following injunc
tion regarding canonical obedience to bishops : — " Then
will I that these God's dues stand every where alike in my
dominion, and that the servants of God, who receive the

xiv PREFACE.
moneys which we give to God, live a pure life ; that,
through their purity, they may intercede for us with God ;
and that I and my thanes direct our priests to that which
the pastors of our souls teach us, that is our bishops, whom
we ought never to disobey in any of those things which
they teach us on the part of God, so that, through the
obedience with which we obey them on account of God, we
may inherit that eternal life to which they fit us by doctrine,
and by example of good works."
Here is no " ignorance of ecclesiastical discipline," " im
patience of control," " despotic rule," or " caprice in the
choice and expulsion of bishops."
The laws of King Canute (said to be so " imperious" a
sovereign) show that bishops could have had no very harsh
yoke to bear during his reign.

The haws of King Cnut.
" 26. Bishops are heralds and teachers of God's laws,
and it is for them earnestly to preach and set example for
spiritual behoof; heed it who will: because weak is the
shepherd found for the flock who will not defend with his
cry the flock that he has to feed (unless he can do otherwise)
if there any spoiler begins to spoil. There is none so evil a
spoiler as is the devil himself ; he is ever busy about that
alone, how he can most injure the souls of men. There
fore must the shepherds be very watchful and diligently
crying out, who have to shield the people against the
spoiler ; such are bishops and mass-priests, who are to pre
serve and defend their spiritual flocks with wise instructions,
-that the madly audacious were-wolf do not too widely
devastate, nor bite too many of the spiritual flock : and he
who scorns to listen to God's preachers, let that ! « between
him and God himself.

PREFACE. XV
" Ever be the name of God eternally blessed, and to
Him praise and glory and honour for ever and ever.
Amen." Anglo-Saxon dooms are also very clear about the office
of a bishop, the respect due to it, and the relations which
existed between Church and State. They show that the
King was supreme ; and the admitted " submission of the
prelates " proves that he was so recognised in matters
ecclesiastical. The Laws of King Ethelred.
" 19. Bishops are heralds and teachers of God's law ; and
they shall fervently, oft and frequently, call to Christ, and
mediate diligently for all Christian people ; and they shall
preach and diligently set example for the religious behoof of
a Christian nation.
" 20. For him who scorns to listen to them, let that be
only between him and God himself.
"21. But there are some men who, on account of their
pride, and also on account of their birth, scorn to obey
divine superiors, as they ought to do, if they desired right ;
and often apply themselves to blame what they ought to
praise, and account the worse, for their humble birth, those
whose forefathers were not in the world either wealthy or
proud, through worldly splendour ; nor, in this transient
space of life, flourishing or powerful : but these are neither
wise nor wholly discreet who will not obey God, nor better
understand how often he has from little raised to great
those who obeyed him and justly spake. We know that
through God's grace a thrall has become a thane, and a
* ceorl ' has become an ' eorl,' a singer a priest, and a
scribe a bishop.
" 22. And formerly, so as God decreed, a shepherd be
came a King, and he was very great : also so as God

XVI PREFACE.
decreed, a fisher became a bishop, and he was very dear
and acceptable to Christ.
" 23. Such are the gifts of God, who can easily from little
raise to great all that he himself will, so as the Psalmist
truly said, when he sang, ' Quis sicut Dominus Deus
noster, &c. stfscitans a terra inopem, et de stercore erigens
pauperem, ut collocet eum cum principibus populi sui ; '
he understands those that have fear of God, and heed
wisdom. " 24. And wise were also in former days those secular
' witan,' who first added secular laws to the just Divine
laws, for bishops and consecrated bodies ; and reverenced,
for love of God, sanctity, and the sacred orders ; and God's
houses and God's servants firmly protected.
" 25. And in what, indeed, can ever any man in the world
worship God more zealously than in churches and in sanc
tuaries, and besides in the sacred high orders.
" 26. And oh ! with what thought can any man, indeed,
so do, that he fervently pray in church, and zealously bow to
God's altars, and before or after, within or without, plunder
the Church, and corrupt or impair that to which the Church
belongs ?
" 27- Or with what thought can any man ever think in his
mind, that he inclines his head to the priests, and desires
blessings, and attends their masses in church, and kisses
their hand at the passing of the bread, and then straightway
thereafter should injure or revile them by word or deed?
" 28. But sanctity and sacred orders, and the hallowed
houses of God, shall always be zealously venerated, for
dread of God, and God, with inward heart, be ever loved.
" 29. And it is also much needful to every man, that
he enjoin to others that justice which he desires shall be
enjoined to him, according as his condition may be.
" 30. We have all one heavenly Father, and one spiritual

PREFACE. XVII
mother, which is called ' Ecclesia ; ' that is, God's Church ;
and therefore are we brothers."
It is right to add, that reference to the Laws of St.
Edward the Confessor will prove that he, at least, was not
" deceived," either regarding the ecclesiastical duties of a
King or the Royal Supremacy.
The period of English history, from the reign of Henry I.
to that of Edward I., next claims attention.
Papal documents at that time cannot fail to be noticed, as
standing out in strong contrast with all previous records.
The letter of St. Thomas a Becket, for instance, to
Henry II. , is an early specimen of those Roman pretensions
to supremacy in England which finally succeeded in extort
ing the oath of homage to the Pope from King John.
All the statutes against Provisors, passed during the
reigns of Edward I., Edward III., and Richard II., reassert
plainly the ancient customs of the realm ; and, as a recent
enactment has repealed the penalties contained in some of
them, and not, as it is believed touched others, especially
those in the 13th of Richard II., the following statement
is added, which the Editor trusts will, in the main, be found
correct, regarding the existing law against any Papal
appointment of English bishops.
" By the Religious Opinions Relief Act, all the penalties
are repealed which are imposed by the 13th Elizabeth, c. 2.,
intituled, ' An Act against the bringing in and putting- in
execution of Bulls, Writings, or Instruments, and other
superstitious things, from the See of Rome.'
" Those penalties were — 1st, according to the 5th Eliza
beth, c. 1., ' To incur the danger, penalties, and forfeitures
ordained and provided by the statute of Provision and Prae
munire, made in the 16th year of the reign of Richard II. ; '
and 2dly, according to the 13th Elizabeth, c. 2., ' Every
such act and acts, offence and offences, shall be deemed by
the authority of that Act high treason.'

xvill PREFACE.
" These penalties are repealed by the 9th and 10th Vic
toria, c. 59- It is therefore asserted by many persons, that
the effect of that Act is either to legalise the admission of
Bulls, or to leave the offence to be dealt with by the common
law as a misdemeanour.
" But the repealing statute likewise contains, what it is
submitted will be found to be a very important clause,
namely, ' But it is hereby declared, that nothing in this en
actment contained shall authorise or render it lawful for any
person or persons to import, bring in, or put in execution
within this realm, any such bulls, writings, or instruments ;
and that in all respects, save as to the said penalties or punish
ments (i. e. Praemunire and High Treason), the law shall
continue the same as if this enactment had not been made.'
" Thus the penalties ordained and provided by the sta
tute of Provision and Praemunire in the 16th Richard II.
are repealed.
" It is, however, submitted that the following statutes are
unrepealed ; — The 35th of Edward I., 25th of Edward III.
vi., 27thEdward III. 1., c. 1., 38th Edward III. st. ii., 3d
Richard II. c. 3., 7th Richard II. c. 12., 13th Richard II.
st. ii. c. 2. ; and that all persons who shall import, bring
in, or put in execution, within the realm, any Bulls, Briefs,
writings, or other instruments from the See of Rome, are
punishable under those statutes; especially by the 13th
Richard II. already referred to.
" It may be urged, that the pretended establishment, by
the Pope, of a Hierarchy in England, is ' a new figment ;
unknown to the Canon Law : ' — but it cannot be said, that
the Archhishops and Bishops, who are intended to constitute
this usurpation, are not Archbishops and Bishops : — for the
Law of England admits the validity of Roman orders. If
it be added, that they are not ' Archbishops or Bishops'
within the meaning of the Acts, it is rejoined that the cre
ation of a new hierarchy in this country, by an alien, is an

PREFACE. XIX
aggravation, and not an evasion of the offence thus punish
able. If it be further urged, that they have by law no
jurisdiction, it is answered, that the offence does not consist
in having a jurisdiction, but in claiming one to which they
have no right, and acting as if they had one, in violation of
the polity of the Church and the supremacy of the Crown
of England. " In the reign of King Edward I., a subject brought in
a bull of excommunication against another subject of this
realm, and published it to the Lord Treasurer of England ;
and this was by the ancient common law of England ad
judged treason against the King, his crown and dignity, for
the which the offender should have been drawn and hanged :
but at the great instance of the Chancellor and Treasurer,
he was only abjured the realm for ever."
The question to which the Appendix relates, is thus ably
summed up by the Lord Chief Justice Coke. For it is one
of law ; and which concerns immediately, in various ways,
the rights and liberties of the people of England : —
" Observe (good reader), seeing that the determination of
heresies, schisms, and errors in religion, ordering, examina
tion, admission, institution, and deprivation of men of the
church (which do concern God's true religion and service),
of right of matrimony, divorces, and general bastardy (where
upon depend the strength of men's descents and inheritances),
of probate of testament and letters of administration (without
which no debt or duty due to any dead man can be recovered
by the common law), mortuaries, pensions, procurations,
reparations of churches, simony, incest, adultery, fornication,
and incontinency, and some others, doth not belong to the
common law, how necessary it was for administration of jus
tice, that his Majesty's progenitors, Kings of this realm, did
by public authority authorise ecclesiastical courts under them
to determine those great and important causes ecclesiastical
(exempted from the jurisdiction of the common law), by the

XX PREFACE.

King's laws ecclesiastical ; which was done originally for
two causes. 1. That justice should be administered under
the Kings of this realm, within their own kingdom, to all
their subjects, and in all causes. 2. That the Kings of
England should be furnished, upon all occasions, either foreign
or domestical, with learned professors as well of the eccle
siastical as temporal laws.
" Thus hath it appeared as well by the ancient common
laws of this realm, by the resolutions and judgments of the
Judges and sages of the laws of England, in all succession
of ages, as by authority of many acts of Parliament, ancient
and of later times, that the kingdom of England is an abso
lute monarchy, and that the King is the only supreme go
vernor, as well over ecclesiastical persons, and in eccle
siastical causes, as temporal, within this realm, to the due
observation of which laws both the King and the subject are
sworn. I have herein cited the very words and texts of the
laws, resolutions, judgments, and acts of parliament, all
public and in print, without any inference, argument, or
amplification ; and have particularly quoted the books, years,
leaves, chapters, and such like certain references, as every
man may at his pleasure see and read the authorities herein
cited. " This case is reported to the end that my dear country
men may be acquainted with the laws of this realm, their
own birth-right and inheritance, and with such evidences as
of right belong to the same ; assuring myself that no wise
or true-hearted Englishman, that hath been persuaded before
he was instructed, will refuse to be instructed in the truth,
(which he may see with his own eyes), lest he should be
dissuaded from error, wherewith blindfold he hath been
deceived : for miserable is his case, and worthy of pity, that
hath been persuaded before he was instructed, and now will
refuse to be instructed, because he will not be persuaded."

RECORDS

SUPREMACY OF THE CROWN.

BEDE'S ECCLESIASTICAL HISTORY.

BOOK II. CHAP. II,
The account of St. Gregory, which
has been handed down to us by the
tradition of our ancestors, is not to be
passed by in silence, in relation to his
rnotives for taking such interest in the
salvation of our nation. It is reported,
that some merchants, having just arrived
at Rome on a certain day, exposed many
things for sale in the market-place, and
abundance of people resorted thither to
buy : Gregory himself went with the
rest, and among other things, some
boys were set to sale, their bodies white,
their countenances beautiful, and their
hair very fine. Having viewed them,
he asked, as is said, from what country
or nation they were brought ? and was
told, from the island of Britain, whose
inhabitants were of such personal ap
pearance. He again inquired whether
those islanders where Christians, or still
involved in the errors of paganism ? and
was informed that they were pagans.
Then fetching a deep sigh from the bot
tom .'of his heart, " Alas ! what pity,"
said he, " that the author of darkness is
possessed of men of such fair counte
nances ; and that being remarkable for
such graceful aspects, their minds should
be void of inward grace." He there
fore again asked, what was the name of
that nation? and was answered, that
they were called Angles. " Right,"
said he " for they have an Angelic face,
and it becomes such to be co-heirs with
the Angels in heaven. What is the
name," proceeded he, " of the province
from which they are brought ? " It was
replied, that the natives of that province
were called Deiri. " Truly are they De
ira," said he, " withdrawn from wrath,
and called to the mercy of Christ. How

is the king of that province called ? "'
They told him his name was iElla ; and
he, alluding to the name, said, " Halle
lujah, the praise of God the Creator
must be sung in those parts."
Then repairing to the bishop of the
Roman apostolical seea (for he was not
himself then made pope), he entreated
him to send some ministers of the Word
into Britain to the ; nation of the Eng
lish, by whom it might be converted to
Christ; declaring himself ready to
undertake that work, by the assistance
of God, if the apostolic pope should
think fit to have it so done. Which not
being then able to perform, because,
though the pope was willing to grant
his request, yet the citizens of Rome
could not be brought to consent that so
noble, so renowned, and so learned a
man should depart the city ; as soon as
he was himself made pope, he perfected
the long-desired work, sending other
preachers, but himself by his prayers
and exhortations assisting the preaching,
that it might he successful. This ac
count, as we have received it from the
ancients, we have thought fit to insert
in our Ecclesiastial History.

BOOK I. CHAP. XXIII.
How Pope Gregory sent Augustine, with
other monks, to preach to the English
nation, and encouraged them by a letter
of exhortation, not to cease from their
labour, [a.d. 596."]
In the year of our Lord 582, Maurice,
the fifty-fourth from Augustus, ascended
a Benedict 'I. Gregory was made Bishop of
Rome, a.d, 590.

B

2

BEDE S ECCLESIASTICAL HISTORY.

the throne, and reigned twenty-one
years. In the tenth year of his reign,
Gregory, a man renowned for learning
and behaviour, was promoted to the
apostolical see of Rome, and presided
over it thirteen years, six months, and
ten days. He, being moved by Divine
inspiration, in the fourteenth year of the
same emperor, and about the one hun
dred and fiftieth after the coming of the
English into Britain, sent the servant of
God, Augustine*, and with him several
other monks, who feared the Lord, to
preach the word of God to the English
nation. They having, in obedience to
the Pope's commands, undertaken that
work, were, on their journey, seized with
a sudden fear, and began to think of
returning home, rather than proceed to
a barbarous, fierce, and unbelieving
nation, to whose very language they
were strangers ; and this they unani
mously agreed was the safest course.
In short, they sent back Augustine,
who had been appointed to be conse
crated bishop in case they were received
by the English, that he might, by
humble enteaty, obtain of the holy Gre
gory, that they should not he compelled
to undertake so dangerous, toilsome,
and uncertain a journey. The Pope, in
reply, sent them a hortatory epistle,
persuading them to proceed in the work
of the Divine word, and rely on the
assistance of the Almighty. The pur
port of which letter was as follows : —
" Gregory, the servant of the servants of
God, to the servants of our Lord. For
asmuch as it had been better not to be
gin a. good work, than to think of de
sisting from that which has been begun,
it behoves you, my beloved sons, to ful
fil the good work, which, by the help of
our Lord, you have undertaken. Let
not, therefore, the toil of the journey,
nor the tongues of evil-speaking men,
deter you ; but with all possible earnest
ness and zeal perform that which, by
God's direction, you have undertaken ;
being assured, that much labour is fol
lowed by an eternal reward. When
Augustine, your chief, returns, whom
we also constitute your abbat, humbly
obey him in all things ; knowing, that
whatsoever you shall do by his direc
tion, will, in all respects, be available to
your souls. Almighty God protect you
with his grace, and grant that I may, in
* Augustine was prior of St. Gregory's mo
nastery, dedicated to St. Andrew, in Rome.

the heavenly country, see the fruits ot
your labour. Inasmuch as, though I
cannot labour with you, I shall partake
in the joy of the reward, because I am
willing to labour. God keep you in
safety, my most beloved sons. Dated
the 23d of July, in the fourteenth year
of the reign of our pious and most
august lord, Mauritius Tiberius, the
thirteenth year after the consulship of
our said lord. The fourteenth indic-
tion."
CHAP. XXIV.
How he wrote to the bishop of Aries to
entertain them. [a. d. 596.]
The same venerable Pope also sent a
letter to .ffitherius, Bishop of Aries b,
exhorting him to give favourable enter
tainment to Augustine on his way to
Britain ; which letter was in these
words : —
" To his most reverend and holy brother
and fellow bishop ^therius, Gregory, the
servant of the servants of God. Although
religious men stand in need of no re
commendation with priests who have the
charity which is pleasing to God ; yet
as a proper opportunity is offered to
write, we have thought fit to send you
this our letter, to inform you, that we
have directed thither, for the good of
souls, the bearer of these presents, Au
gustine, the servant of G.od, of whose
industry we are assured, with other ser
vants of God, whom it is requisite that
your Holiness assist with priestly affec
tion, and afford him all the comfort in
your power. And to the end that you
may be the more ready in your assist
ance, we have enjoined him particularly
to inform you of the occasion of his
coming ; knowing, that when you are
acquainted with it, you will, as the mat
ter requires, for the sake of God, zeal
ously afford him your relief. We also
in all things recommend to your
charity, Candidus, the priest, our com
mon son, whom we have transferred to
the government of a small patrimony in
our Church. God keep you in safety,
most reverend brother. Dated the 23d
day of July, in the fourteenth year of
the reign of our most pious and august
b This is an error in Bede. Dr. Lingard at
tributes the origin of the error to Nothelm, who
was dpputed by Bede to search the Papal ar
chives, and to copy from them documents for
his work. The same error occurs in chaps.
xxvii. and xxviii.

BEDE S ECCLESIASTICAL HISTORY.

lord, Mauritius Tiberius, the thirteenth
year after the consulship of our lord
aforesaid. The fourteenth indiction."

CHAP. XXV.
Augustine, coming into Britain, first
preached in the Isle of Thanet to King
Ethelbert, and having obtained licence,
entered the kingdom of Kent, in order
to preach therein, [a. d. 597.]
Augustine, thus strengthened by the
confirmation of the blessed Father
Gregory, returned to the work of the
word of God, with the servants of
Christ, and arrived in Britain. The
powerful Ethelbert was at that time
king of Kent0 ; he had extended his
dominions as far as the great river Hum
ber, by which the Southern Saxons are
divided from the Northern. On the
east of Kent is the large Isle of Thanet,
containing, according to the English way
of reckoning, 600 families, divided from
the other land by the river Wantsum,
which is about three furlongs over, and
fordable only in two places, for both
ends of it run into the sea. In this
island landed the servant of our Lord,
Augustine, and his companions, being,
as is reported, nearly forty men. They
had, by order of the blessed Pope Gre
gory, taken interpreters of the nation
of the Franks6, and sending to Ethel
bert, signified that they were come from
Rome, and brought a joyful message,
which most undoubtedly assured to all
that took advantage of it everlasting joys
in heaven, and a kingdom that would
never end, with the living and true God.
The king having heard this, ordered
them to stay in that island where they
had landed, and that they should be
furnished with all necessaries, till he
should consider what to do with them.
For he had before heard of the Christian
religion, having a Christian wife of the
royal family of the Franks, called Ber
tha ° ; whom he had received from her
parents, upon condition that she should
be permitted to practise her religion, with
«¦ Ethelbert was the third Bretwalda, or do
minant king.
b The Franks and English Saxons were equally
German nations; tho former came 130 years
earlier from beyond the Rhine ; the latter from
the countries about the mouths of the Rhine
and the Elbe, and about Holstein, on the conti
nent of Denmark, still called Jutland.
c Daughter of Charibert, king of Pans.

the Bishop Luidhardd, who was sent
with her to preserve her faith. Some
days after, the king came into the
island, and sitting in the open air,
ordered Augustine and his companions
to be brought into his presence. For he
had taken precaution that they should
not come to him in any house, lest, ac
cording to an ancient superstition, if
they practised any magical arts, they
might impose upon him, and so get the
better of him. But they came furnished
with divine, not with magic virtue,
bearing a silver cross for their banner,
and the image of our Lord and Saviour
painted on a board ; and singing the
litany, they offered up their prayers to
the Lord for the eternal salvation both
of themselves and of those to whom
they were come. When he had sat
down, pursuant to the king's commands,
and preached to him and his attendants
there present the word of life, the king
answered thus : " Your words and pro
mises are very fair, but as they are new
to us, and of uncertain import, I cannot
approve of them so far as to forsake that
which I have so long followed with the
whole English nation. But because
you are come from far into my kingdom,
and, as I conceive, are desirous to im
part to us those things which you be
lieve to be true, and most beneficial, we
will not molest you, but give you fa
vourable entertainment, and take care to
supply you with your necessary sus
tenance ; nor do we forbid you to preach
and gain as many as you can to your
religion." Accordingly he permitted
them to reside in the city of Canterbury,
which was the metropolis of all his
dominions, and, pursuant to his promise,
besides allowing them sustenance, did
not refuse them liberty to preach. It
is reported that, as they drew near to
the city, after their manner, with the
holy cross, and the image of our sove
reign Lord and King, Jesus Christ,
they, in concert, sung this litany : "We
beseech thee, O Lord, in all thy mercy,
that thy anger and wrath be turned
away from this city, and from thy
holy house, because we have sinned.
Hallelujah.'" d Bishop of Senlis.
e With St. Augustine, it is recorded that St.
Gregory sent the following books: — A Bible in
two vols. ; a Psalter, and a book of the Gospels ;
a book of Martvrology ; Apocryphal Lives of
the Apostles ; and Expositions of certain Epistles
and Gospels. The Canterbury Book, in the

B 2

BEDE'S ECCLESIASTICAL HISTORY.

CHAP. XXVI.
St. Augustine in Kent followed the Hoc-
trine and Manner of Living of the Pri-
mitive Church, and settled his Episcopal
See in the Royal City. [a. d. 597.]
As soon as they entered the dwelling-
place assigned them, they began to imi
tate the course of life practised in the
primitive Church, applying themselves
to frequent prayer, watching, and fast
ing ; preaching the word of life to as
many as they could ; despising all
worldly things, as not belonging to
them ; receiving only their necessary
food from those they taught ; living
themselves in all respects conformably
to what they prescribed to others, and
being always disposed to suffer any ad
versity, and even to die for that truth
which they preached. In short, several
believed and were baptized, admiring
the simplicity of their innocent life, and
the sweetness of their heavenly doctrine.
There was on the east side of the city a
church, dedicated to the honour of St.
Martin, built whilst the Romans were
still in the island, wherein the queen,
who, as has been said before, was a
Christian, used to pray. In this they
first began to meet, to sing, to pray, to
say mass, to preach, and to baptize, till
the king, being converted to the faith,
allowed them to preach openly, and build
or repair churches in all places.
When he, among the rest, induced by
the unspotted life of these holy men,
and their delightful promises, which, by
many miracles, they proved to be most
certain, believed and was baptized,
greater numbers began daily to flock to
gether to hear the Word, and, forsaking
their heathen rites, to associate them
selves, by believing, to the unity of the
Church of Christ. Their conversion
the king so far encouraged, as that he
compelled none to embrace Christianity,
but only showed more affection to the
believers, as to his fellow-citizens in the
heavenly kingdom ; for he had learned
library of Trinity Hall, Cambridge, closes the
brief catalogue in these expressive words, —
*' These are the foundation, or beginning, of the
library of the whole English Church, a.d. 601."
Bishop Gosin, in his " Scholastical History of
the Canon of Holy Scripture," p. 135—139., 4to.
London, 1672, shows that the Bible of St. Gre
gory the Great was, according to the canon of
the ancient Church, set forth by St. Jerome and
the Fathers before him, and not according to
the modern Roman canon of the Council of
Trent.

from his instructors and leaders to sal
vation, that the service of Christ ought
to be voluntary, not by compulsion.
Nor was it long before he gave his
teachers a settled residence in his metro
polis of Canterbury, with such posses
sions of different kinds as were necessary
for their subsistence,

CHAP. XXVII.
St. Augustine, being made Bishop, sends
to acquaint Pope Gregory with what
had been done, and receives his Answer
to the Doubts he had proposed to himt
[a. d. 597.]
In the meantime, Augustine, the man
of God, repaired to Aries, and, pursuant
to the orders received from the holy
Father Gregory, was ordained arch
bishop of the English nation, by .ffithe-
riusa, archbishop of that city. Then
returning into Britain, he sent Lauren
tius the priest, and Peter the monk, to
Rome, to acquaint Pope Gregory that
the nation of the English had received
the faith of Christ, and that he was
himself made their bishop. At the
same time, he desired his solution of
some doubts that occurred to him. He
soon received proper answers to his
questions, which we have also thought
fit to insert in this our history : —
Augustine's Second Question. — Whereas
the faith is one and the same, why are
there different customs in different
churches ? and why is one custom of
masses observed in the holy Roman
Church, and another in the GaUican
Church ?
Pope Gregory answers — You know,
my brother, the custom of the Roman
Church, in which you remember you
were bred up. But it pleases me, that
if you have found any thing, either in
the Roman, or the Galhcan, 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 every
Church those things that are pious, re
ligious, and upright, and when you have,
a For JEtherius read Vergilius.

BEDE S ECCLESIASTICAL HISTORY.

as it were, made them up into one body,
let the minds of the English be accus
tomed thereto.
Augustine's Third Question. — I be
seech you to inform me what punish
ment must be inflicted, if any one shall
take any thing by stealth from the
Church? Gregory answers — You may judge,
my brother, by the person of the thief,
in what manner he is to be corrected ;
for there are some who, having sub
stance, commit theft ; and there are
others who transgress in this point
through want. Wherefore it is requi
site that some be punished in their
purses, others with stripes ; some
with more severity, and some more
mildly. And when the severity is more,
it is to proceed from charity, not from
passion, because this is done to him who
is corrected, that he may not be deli
vered up to hell fire. For it behoves us
to maintain discipline among the faith
ful, as good parents do with their carnal
children, whom they punish with stripes
for 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 per
secute. This charity is, therefore, to be
kept in mind, and it dictates the measure
of the punishment, so that the mind may
do nothing beyond the rule of reason.
You may add, that they are to restore
those things which they have stolen from
the Church. But God forbid that the
Church should make profit from those
earthly things which it seems to lose, or
seek gain out of such vanities.
Augustine's Fourth Question. — Whe
ther two brothers may marry two sisters,
which are of a family far removed from
them? Gregory answers— This may lawfully
be done, for nothing is found in holy
writ that seems to contradict it.
Augustine's Fifth Question. — To what
degree may the faithful rnarry with their
kindred? and whether it is lawful for
men to marry their stepmothers and
relations ?
Gregory answers. — A certain worldly
law in the Roman commonwealth al
lows, that the son and daughter of a
brother and sister, or of two brothers,
or two sisters, may be joined in matri
mony ; but we have found by experience
that no offspring can come of such wed
lock ; . and the Divine Law forbids a

man to " uncover the nakedness of his
kindred." Hence of necessity it must
be 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 un
covers 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. For wbich
thing also John the Baptist was beheaded,
and ended his life in holy martyrdom.
For, though he was not ordered to deny
Christ, and indeed was killed for con
fessing Christ, yet in regard that the
same Jesus Christ, our Lord, said, " lam
the Truth," because John was killed for
the truth, he also shed his blood for Christ.
But forasmuch as there are many of
the English, who, whilst they were still
in infidelity, are said to have been joined
in this execrable matrimony, when they
come to the faith they are to be admo
nished to abstain, 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 ap
petites, they incur the torrnents of eternal
punishment. Yet they are not on this
account to be deprived of the communion
of the body and blood of Christ, lest they
seem to be punished for those things
which they did through ignorance be
fore they had received baptism. For at
this time the Holy Church chastises some
things through zeal, and tolerates some
through meekness, 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 to the faith are to be
admonished not to do such things. And
if any shall be guilty of them, they are
to be excluded from the communion of
the body and blood of Christ. For as
the offence is, in some measure, to be
tolerated in those who did it through
ignorance, so it is to be strenuously pro
secuted in those who do not fear to sin
knowingly.

6

BEDE's ECCLESIASTICAL HISTORY.

Augustine's Seventh Question. — How
are we to deal with the bishops of France
and Britain?
Gregory answers — We give you no
authority over the bishops of France,
because the bishop of Aries received the
pall in ancient times from my predeces
sor, and we are not to deprive him of
the authority he has received. If it shall
therefore happen, my brother, that you
go over into the province of France, you
are to concert with the said bishop of
Aries, how, if there be any faults among
the bishops, they may be amended. And
if he shall be lukewarm in keeping up
discipline, he is to be corrected by your
zeal ; to whom we have also written,
that when your holiness shall he in
France, he may also use all his endea
vours to assist you, and put away from
the behaviour of the bishops all that
shall be opposite to the command of our
Creator. But you, of your own autho
rity, shall not have power to judge the
bishops of France, 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
neighbour's standing corn." For thou
mayest not apply the sickle of judgment
in that harvest which seems to have been
committed to another ; but by the effect
of good works thou shalt clear the Lord's
wheat of the chaff of their vices, and con
vert them into the body of the Church,
as it were, by eating. But whatsoever
is to be done by authority, must be
transacted with the aforesaid bishop of
Aries, lest that should be omitted, which
the ancient institution of the fathers has
appointed. But as for all the bishops
of Britain, we commit them to your
care, that the unlearned may be taught,
the weak strengthened by persuasion,
and the perverse corrected by authority.
CHAP. XXVIII.
Pope Gregory writes to the Bishop of
Aries to assist Augustine in the work
of God. [a. u. 601.]
Thus far the answers of the holy Pope
Gregory to the questions of the most
reverend Prelate Augustine. But the

epistle, which he says he had written to-
the bishop of Aries, was directed to
Vergilius, successor to iEtherius, the
copy whereof follows : —
" To his most reverend and holy brother
and fellow bishop, Vergilius ; Gregory,
servant of the servants of God. With
how much affection brethren, coming of
their own accord, are to be entertained,
is well known, by their being for the
most part invited on account of charity.
Therefore, if our common brother, Bishop
Augustine, shall happen to come to you,
I desire your love will, as is becoming,
receive him so kindly and affectionately,
that he may be supported by the honour
of your consolation, and others be in
formed how brotherly charity is to be
cultivated. And, since it often happens
that those who are at a distance, sooner
than others, understand the things that
need correction, if any crimes of priests
or others shall happen to be laid before
you, you will, in conjunction with him,
sharply inquire into the same. And do
you both act so strictly and carefully
against those things which offend God,
and provoke his wrath, that for the
amendment of others, the punishment
may fall upon the guilty, and the inno
cent may not suffer an ill name. God
keep you in safety, most reverend bro
ther. Given the 22d day of June, in
the nineteenth year of the reign of our
pious and august emperor, Mauritius
Tiberius, and the eighteenth year after
the consulship of our said lord. The
fourth indiction."

CHAP. XXIX.
The same Pope sends Augustine the Pall,
an Epistle, and several Ministers of the
Word. [a.d. 601.]
Moreover, the same Pope Gregory,
hearing from Bishop Augustine, that he
had a great harvest, and but few labour
ers, sent to him, together with his afore
said messengers, several fellow-labourers
and ministers of the Word, of whom the
first and principal were Mellitus, Justus,
Paulinus, and Rufinianus, and by them
all things in general that were necessary
for the worship and service of the Church,
viz., sacred vessels and vestments for the
altars, also ornaments for the churches,
and vestments for the priests and clerks,
as likewise relics of the holy apostles
and martyrs; besides many books. He

BEDE S ECCLESIASTICAL HISTORY.

also sent letters, wherein he signified
that he had transmitted the pall to him,
and at the same time directed how he
should constitute bishops in Britain.
The letters were in these words : —
" To his most reverend and holy brother
and fellow bishop, Augustine ; Gregory
the servant of the servants of God.
Though it be certain that the unspeak
able rewards of the eternal kingdom
are reserved for those who labour for
Almighty God, yet it is requisite that
we bestow on them the advantage of
honours, to the end that they may by
this recompense be enabled the more
vigorously to apply themselves to the
care of their spiritual work. And in
regard that the new Church of the English
is, through the goodness of the Lord, and
your labours, brought to the grace of God,
we grant you the use of the pall in the
same, only for the performing of the solemn
service of the mass ; so that you in several
places ordain twelve bishops, who shall be
subject to your jurisdiction, so that the
Bishop of London shall for the future be
always consecrated by his own synod, and
that he receive the honour of the pall from
this holy and apostolical see, which I, by
the grace of God, now serve. But we will
have you send to the city of York such a
bishop as you shall think fit to ordain;
yet so, that if that city, with the places ad~
'oining, shaU receive the word of God, that
bishop shall also ordain twelve bishops, and
enjoy the honour of a metropolitan ; for we
design, if we live, by the help of God, to
bestow on him also the pall; and yet we
will have him to be subservient to your
authority ; but after your decease, he shall
so preside over the bishops he shall ordain,
as to be in no way subject to the jurisdic
tion of the Bishop of London. But, for
the future let this distinction be between
the bishops of the cities of London and
York, that he may have the precedence
who shall be first ordained. But let
them unanimously dispose, by common
advice and uniform conduct, whatsoever
is to be done for the zeal of Christ ; let
them judge rightly, and perform what
they judge convenient in a uniform
manner. " But to you, my brother, shall, by
the authority of our God and Lord Jesus
Christ, be subject not only those bishops
you shall ordain, and those that shall
be ordained by the Bishop of York, but
also all the priests in Britain ; to the
end that from the mouth and life of your

holiness they may learn the rule of be
lieving rightly, and living well, and ful
filling their office in faith and good
manners, they may, when it shall please
the Lord, attain the heavenly kingdom.
God preserve you in safety, most re
verend brother.
" Dated the 22nd of June, in the
nineteenth year of the reign of our most
pious lord and emperor, Mauritius Tibe
rius, the eighteenth year after the con
sulship of our said lord. The fourth
indiction."

CHAP. XXXI.
Pope Gregory, by letter, exhorts Augustine
not to glory in his Miracles, [a. d. 601.]
At which time he also sent Augus
tine a letter concerning the miracles that
he had heard had been wrought by him ;
wherein he admonishes him not to incur
the danger of being puffed up by the
number ol them. The letter was in
these words : —
" I know, mo<t loving brother, that
Almighty God, by means of your affec
tion, shows great miracles in the nation
which he has chosen. Wherefore it is
necessary that you rejoice with fear, and
tremble whilst you rejoice, on account
of (he same heavenly gift ; viz. that you
may rejoice because the souls of the
English are by outward miracles drawn
to inward grace ; but that you fear, lest,
amidst the wonders that are wrought,
the weak mind m.'.y be puffed up in its
own presumption, and as it is externally
raised to honour, it may thence inwardly
fall by vain glory. For we must call to
mind, that when the disciples returned
with joy after preaching, and said to
their heavenly Master, ' Lord, in thy
name, even the devils are subject to us ; '
they were presently told, ' Do not re
joice on this account, but rather rejoice
for that your names are written in
heaven.' For they placed their thoughts
on private and temporal joys, when they
rejoiced in miracles; but they are re
called from the private to the- public,
and from the temporal to the eternal
joy, when it is said to them, ' Rejoice
for this, because your names are written
in heaven.' For all the elect do not
work miracles, and yet the names of all
are written in heaven. For those who
are disciples of (he truth ought not to
rejoice, save for that good thing which
4

8

BEDE S ECCLESIASTICAL HISTORY.

aU men enjoy as well as they, and of
which their enjoyment shall be without
end. " It remains, therefore, most dear
brother, that amidst those things which,
through the working of our Lord, you
outwardly perform, you always inwardly
strictly judge yourself, and clearly un
derstand both what you are yourself,
and how much grace is in that same
nation, for the conversion of which you
have also received the gift of working
miracles. And if you remember that
you have at any time offended our Crea
tor, either by word or deed, that you
always call it to mind, to the end that
the remembrance of your guilt may
crush the vanity which rises in your
heart. And whatsoever you shall re
ceive, or have received, in relation to
working miracles, that you consider the
same, not as conferred on you, but on
those for whose salvation it has been
given you."

CHAP. XXXII.
'Pope Gregory sends Letters and Presents
to King Ethelbert.
The same holy Pope Gregory, at the
same time, sent a letter to King Ethel
bert, with many presents of several sorts;
being desirous to glorify the king with
temporal honours, at the same time that
he rejoiced that through his labour and
zeal he had attained the knowledge of
the heavenly glory. The copy of the
said letter is as follows : —
" To the most glorious Lord, and his
most excellent son, Ethelbert, king of the
English, Bishop Gregory. Almighty
'God advances all good men to the go
vernment of nations, that he may by
their means bestow the gifts of his
mercy on those over whom they are
placed. This we know to have been
done in the English nation, over whom
your glory was therefore placed, that by
means of the goods which are granted
to you, heavenly benefits might also be
conferred on the nation that is subject
to you. Therefore, my illustrious son,
do you carefully preserve the grace
which you have received from the Divine
goodness, and hasten to promote the
Christian faith, which you have em
braced, among the people under your
subjection ; m ultiply the zeal of your

uprightness in their conversion ; sup
press the worship of idols ; overthrow
the structures of the temples ; edify the
manners of your subjects by much clean
ness of life, exhorting, terrifying, sooth
ing, correcting, and giving examples of
good works, that you may find him
your rewarder in heaven, whose name
and knowledge you shall spread abroad
upon earth. For he also will render
the fame of your honour more glorious
to posterity, whose honour you seek and
maintain among the nations.
" For even so Constantine, our most
pious emperor, recovering the Roman
commonwealth from the perverse wor
ship of idols, subjected the same with
himself to our Almighty God and Lord
Jesus Christ, and was himself, with the
people under his subjection, entirely
converted to him. Whence it followed,
that his praises transcended the fame ot
former princes ; and he as much ex
celled his predecessors in renown as he
did in good works. Now, therefore,
let your glory hasten to infuse into the
kings and people that are subject to
you the knowledge of one God, Father,
Son, and Holy Ghost ; that you may
both surpass the ancient kings of your
nation in praise and merit, and become
by so much the more secure against
your own sins before the dreadful judg
ment of Almighty God, as you shall
wipe away the sins of others in your
subjects. " Willingly hear, devoutly perform,
and studiously retain in your memory,
whatsoever you shall be advised by our
most reverend brother, Bishop Augus
tine, who is instructed in the inonastical
rule, full of the knowledge of the holy
Scripture, and, by the help of God, en
dued with good works ; for if you give
ear to him in what he speaks for Al
mighty God, the same Almighty God
will the sooner hear him praying for
you. But if (which God avert I) you
slight his words, how shall Almighty
God hear him in your behalf, when you
neglect to hear him for God? Unite
yourself, therefore, to him with all your
mind, in the fervour of faith, and further
his endeavours, through the assistance
of that virtue which the Divinity affords
you, that He may make you partaker
of His kingdom, whose faith you cause
to be received and maintained in your
own. " Besides, we would have your glory

BEDE S ECCLESIASTICAL HISTORY.

know, we find in the holy Scripture,
from the words of the Almighty Lord,
that the end of this present world, and
the kingdom of the saints, is about to
come, which will never terminate. But
as the same end of the world approaches,
many things are at hand which were
not before, viz. changes of air, and ter
rors from heaven, and tempests "out of
the order of the seasons, wars, famines,
plagues, earthquakes in several places ;
which things will not, nevertheless,
happen in our days, but will all follow
after our days.
" If you, therefore, find any of these
things to happen in your country, let
not your mind be in any way disturbed;
for these signs of the end of the world
are sent before, for this reason, that we
may be solicitous for our souls, suspi
cious of the hour of death, and may be
found prepared with good works to
meet our Judge. Thus much, my illus
trious son, I have said in few words, to
the end that when the Christian faith
shall increase in your kingdom, our dis
course to you may also be more copious,
and we may be pleased to say the more,
in proportion as joy for the conversion
of your nation is multiplied in our
mind. " I have sent you some small presents,
which will not appear small, when re
ceived by you with the blessmg of the
holy apostle, Peter. May Almighty
God, therefore, perfect in you his grace
which He has begun, and prolong your
life here through a course of many
years, and after a time receive you into
the congregation of the heavenly country.
May heavenly grace preserve your ex
cellency in safety.
" Given the 22d day of June, in the
nineteenth year of the reign of the most
pious emperor, Mauritius Tiberius, in
the eighteenth year after his consulship.
Fourth indiction."
CHAR XXXIII.
Augustine repairs the Church of our
Saviour, and builds the Monastery of
St. Peter the Apostle; Peter the first
Abbat of the same. [a. ju. 602.]
Augustine having his episcopal see
granted him in the royal city, as has
been said, and being supported by the
king, recovered therein a church, which
be was informed had been built by the

ancient Roman Christians, and conse
crated it in the name of our holy Sa
viour, God and Lord, Jesus Christ,
and there established a residence for
himself and his successors.*1 He also
built a monastery not far from the city
to the eastward, in which, by his advice,
Ethelbert erected from the foundation
the church of the blessed apostles, Peter
and Paul, and enriched it with several
donations ; wherein the bodies of the
same Augustine, and of all the bishops
of Canterbury, and of the kings of Kent,
might be buried. However, Augustine
himself did not consecrate that church,
but Laurentius, his successor.

BOOK II. CHAP. II.
Augustine admonished the Bishops of the
Britons to Catholic peace and unity,
and to that effect wrought a heavenly
miracle in their presence ; and of the
vengeance that pursued them for their
contempt, [a. d. 603 }
In the meantime, Augustine, with the
assistance of King Ethelbert, drew to
gether to a conference the bishops, or
doctors, of the next province of the
Britons, at a place which is to this day
called Augustine's Ac, that is, Augus
tine's Oak, on the borders of the Wiccii
and West Sixons; and began by brotherly
admonitions to persuade them, that pre
serving Catholic unity with him, they
should undertake the common labour of
preaching the Gospel to the Gentiles.
For they did not keep Easter Sunday
at the proper time, but from the four
teenth to the twentieth moon ; which
computation is contained in a revolution
of eighty-four years. Besides, they did
several other things which were against
the unity of the Church. When, after
a long disputation, they did not comply
with the entreaties, exhortations, or re
bukes of Augustine and his companions,
but preferred their own traditions before
all the churches in the world, which in
Christ agree among themselves, the holy
father, Augustine, put an end to this
troublesome and tedious contention, say
ing, " Let us beg of God, who causes
those who are of one mind to live in his
Father's house, that he will vouchsafe,
a The cathedral of Christ. Church, Canter
bury; but the present structure, although an
cient, is of date long subsequent to the age of
Augustine.

10

BEDE S ECCLESIASTICAL HISTORY.

by his heavenly tokens, to declare to us,
which tradition is to be followed ; and
by what means we are to find our way
to his heavenly kingdom. Let some
infirm person be brought, and let the
faith and practice of those, by whose
prayers he shall be healed, be looked
upon as acceptable to God, and be
adopted by all." The adverse party
unwillingly consenting, * blind man of
the English race was brought, who
having been presented to the priests of
the Britons, found no benefit or cure
from their ministry ; at length, Augus
tine, compelled by real necessity, bowed
his knees to the Father of our Lord
Jesus Christ, praying that the lost sight
might be restored to the blind man, and
by the corporeal enlightening of one
man, the light of spiritual grace might
be kindled in the hearts of many of the
faithful. Immediately the blind man
received sight, and Augustine was by
all declared the preacher of the Divine
truth. The Britons then confessed,
that it was the true way of righteous
ness which Augustine taught ; hut that
they could not depart from their ancient
customs without the consent and leave
of their people. They therefore de
sired that a second synod might be ap
pointed, at which more of their number
would be present.
This being decreed, there came (as
is asserted) seven bishops of the Britons,
and many most learned men, particu
larly from their most noble monastery,
which, in the English tongue, is called
Bancornburgh, over which the Abbat
Dinooth is said to have presided at that
time. They that were to go to the
aforesaid council, repaired first to a cer
tain holy and discreet man, who was
wont to lead an eremitical life among
them, advising with him, whether they
ought, at the preaching of Augustine, to
forsake their traditions. He answered,
" If he is a man of God, follow him." —
" How shall we know that ? " said they.
He replied, " Our Lord saith, Take my
yoke upon you, and learn of me, for I am
meek, and lowly in heart; if therefore,
Augustine is meek and lowly of heart, it
is to be believed that he has taken upon
him the yoke of Christ, and offers the
same to you to take upon you. But if he
is stern and haughty, it appears that he is
not of God, nor are we to regard his
words." They insisted again, " And
how shall we discern even this?" —

" Do you contrive," said the anchorite,'
" that he may first arrive with his com
pany at the place where the synod is to
he held ; and if at your approach he
shall rise up to you, hear him submis
sively, being assured that he is the ser
vant of Christ ; but if he shall despise
you, and not rise up to you, whereas you
are more in number, let him also be de
spised by you."
They did as he directed ; and it hap
pened, that when they came, Augustine
was sitting on a chair, which they ob
serving, were in a passion, and charging
him with pride, endeavoured to contra
dict all he said. He said to them, " You
act in many particulars contrary to our
custom, or rather the custom of the uni
versal Church, and yet, if you will com
ply with me in these three points, viz.
to keep Easter at the due time ; to ad
minister baptism, by which we are again
born to God, according to the custom
of the holy Roman Apostolic Church ;
and jointly with us to preach the word
of God to the English nation, we will
readily tolerate all the other things you
do, though contrary to our customs."
They answered they would do none of
those things, nor receive him as their
archbishop ; for they alleged ' among
themselves, that " if he would not now
rise up to us, how much more will he
contemn us, as of no worth, if we shall
begin to be under his subjection ? " To
whom the man of God, Augustine, is
said, in a threatening manner, to have
foretold, that in case they would not
join in unity with their brethren, they
should be warred upon by their enemies ;
and, if they would not preach the way
of life to the English nation, they should
at their hands undergo the vengeance of
death. All which, through the dis
pensation of Divine judgment, fell out
exactly as he had predicted.
For afterwards the warlike king of
the English, Ethelfrid, of whom we
have already spoken, having raised a
mighty army, made a very great slaughter
of that perfidious nation, at the City of
Legions, which by the English is called
Legacestir, but by the Britons more
rightly Carlegion. Being about to give
battle, he observed their priests, who
were come together to offer up their
prayers to God for the soldiers, standing
apart in a place of more safety ; he in
quired who they were? or what they
came together to do in that place?

ANGLO-SAXON DOOMS, ETC.

11

Most of them were of the monastery of
Bangor, in which, it is reported, there
was so great a number of monks, that
the monastery being divided into seven
parts, with a ruler over each, none of
those parts contained less than three
hundred men, who all lived by the
labour of their hands. Many of these,
having observed a fast of three days, re
sorted among others to pray at the afore
said battle, having one Brocmail ap
pointed for their protector, to defend
them whilst they were intent upon their
prayers, against the swords of the bar
barians. King Ethelfrid8 being informed
of the occasion of their coming, said,
" If then they cry to their God against
us, in truth, though they do not bear
arms, yet they fight against us, because
they oppose us by their prayers." He,

therefore, commanded them to be at
tacked first, and then destroyed the rest
of the impious army, not without con
siderable loss of his own forces. About
twelve hundred of those that came to
pray are said to have been killed, and
only fifty to have escaped by flight,
Brocmail turning his back with his men,
at the first approach of the enemy, left
those whom he ought to have defended,
unarmed and exposed to the swords of
the enemies. Thus was fulfilled the
prediction of the holy Bishop Augus
tine, though he himself had been long
before taken up into the heavenly king
dom ; that those perfidious men should
feel the vengeance of temporal death
also, because they had despised the offer
of eternal salvation.

King of Northumbria.

ANGLO-SAXON DOOMS AND OTHER RECORDS.

Responsio Abbatis Bangor ad Augustinum
Monachum petentem subjectionem Eccle
sias Romance. (Ex. MS. Cott. Chop.
E. i. fol. 56. collat. cum MS. Cott.
Claudius A. (viii. fol. 76. »)
" Be it known and without doubt unto
you, that we are all and every one of us
obedient and subjects to the Church of
God, and to the Pope of Rome, and to
every godly Christian to love every one
in his degree in perfect charity, and to
help every one of them, by word and
deed, to be the children of God. And
other obedience than this I do not know
due to him whom you name to be Pope,
nor to be the Father of Fathers : to be
claimed and to be demanded, and this
obedience we are ready to give and to
pay to him and to every Christian con
tinually. Besides, we are under the
government of the Bishop of Kaerleon-
upon-Uske, who is to oversee, under
God, over us, to cause us to keep the
way spiritual."
a vVilkins's Concilia, vol. i. p. 26—28. ; Spel-
man's Concilia, vol. i. p. 108-110. See Fuller's
Church History, vol. i. p. 90—91. edit. London,
8vo. 1837; Collier's Church History, vol i. p.
75—78. edit, folio, 1708; Stillingfleet's Orig.
Brit. Works, vol. iii. p. 221— 226-, edit, folio,
1710.

THE LAWS OF KING ,ETHEL-
BIRHT."
These are the dooms which King
.aithelbirht c established in the days of
Augustine : —
1 . The property of God and of the
Church, twelve-fold ; a a bishop's pro.
perty, eleven-fold ; a priest's property,
nine-fold ; a deacon's property, six-fold ;
a clerk's property, three-fold ; " church-
frith," two-fold; "m  frith" two
fold.

THE LAWS OF KINGS HLO-
TH^ERE AND EADRIC*
These are the dooms which lllothsere
b The Anglo-Saxon Dooms are printed from
the " Ancient Laws and Institutes of England,''
edited by Mr. Thorpe, folio, London, I8$5.
'- .Eth'elbirht, king of Kent, fourth in succes
sion after Hengist, was baptized by Augustine
in the year 597, and died, according to Beda,
after a reign of fifty-six years, on the 24th of
February, 616.— Hist. Eccles. ii. 5.
d There is no verb in this law to ii x the sense ;
but we learn from Beda that it is to be under
stood of the property of the Church when
stolen. See, on this subject of restitution, Gre
gory the Great's answer to Augustine. — Beda,
Hist. Eccles. i. 27., Interrog. 3. The Church
frith is what, in the later documents, is called
the Church grith, or right of sanctuary and pro
tection given to those within its precincts.
e Hlothsre succeeded his brother Ecgberct in
July, 673, and died on the 6th of February, 685.
— Beda, Hist. Eccles. iv. 5. 26.

H

ANGLO-SAXON DOOMS

and Eadric, kings of the Kentish meri,
established : —
Hlothaere and Eadric, kings of the
Kentish men, augmented the laws
which their elders had before made/'by
these dooms, which hereafter say, Stcy

THE LAWS OF KING WIH-
TRiED* (a.d. 696).
These are the dooms of Wihtrsed, king
of the Kentish men : —
In the reign of the most clement king
of the Kentish men, Wihtrsed, in the
fifth year of his reign, the ninth indic-
tion, the sixth day of Rugern, in the
place which is called Berghamstyde,
where was assembled a deliberative
convention of the great men, there was
Birhtwald, archbishop of Britain, and
the fore-named king ; also the bishop of
Rochester, the same was called Gyb-
mund, was present ; and every degree of
the Church of that province spoke in
unison with the obedient people. There
the great men decreed, with the suf
frages of all, these dooms, and added
them to the lawful customs of the
Kentish men, as it hereafter saith and
declareth. 1. To the Church, freedom from im
posts, and that the king be prayed forb,
and that they revere him of their own
will, without command.
16. Let the word of a bishop and of
the king be, without an oath, incon
trovertible.

THE LAWS OF KING ALFRED.
Alfred's Dooms.
38. Thy tithes, and thy first-fruits of
moving and growing things, render thou
to God.
49. These are the dooms which the
Almighty God himself spake unto
Moses, and commanded him to keep :
and after the only begotten Son of
the Lord, our God, that is, our Sa
viour Christ, came on earth, he said that
he came not to break nor to forbid
these commandments, but with all good
a Wihtrajd, according to Bede, Hist. Eccles.
v. 23., died on the S3d of April, 725, having
reigned thirty-four years and a half — See Kem-
ble's Saxons in England, vol. ii. p. 244.
b See also the Canons of -flSlfric, canon 20.
Ancient Laws and Institutes of England, p. 444.

to increase them : and mercy and hu
mility he taught.-
Then after his Passion, before his
Apostles were dispersed throughout all
the earth, teaching, and while they were
yet together, many heathen nations they
turned to God.
When they were all assembled, they
sent messengers to Antioch and to
Syria, to teach the law of Christ.
But when they understood that it
speeded them not, then sent they a let
ter unto them.
Now this is the letter which all the
Apostles sent to Antioch, and to Syria,
and to Cilicia, which now from heathen
nations are turned to Christ.
" The Apostles and the elder brethren
wish you health : and we make known
unto you, that we have heard that some
of our fellows have come to you with
our words, and have commanded you to
observe a heavier rule than we com
manded them, and have too much mis
led you with manifold commands, and
have subverted more of your souls than
they have directed.
'"Then we assembled ourselves con
cerning that ; and it then seemed good
to us all that we should send Paul and
Barnabas, men who desire to give their
souls for the name of the Lord.
" With them we have sent Judas and
Silas, that they might say the same to
you. " It seemed to the Holy Ghost and to
us, that we should set no burthen upon
you above that which it was needful for
you to bear : now that is, that ye forbear
from worshipping idols, and from tasting
blood or things strangled, and from
fornications: and that which ye will
that other men do not unto you, do ye
not that to other men."
From this one doom a man may
remember, that he judge every one
righteously ; he need heed no other
doom-book. Let him remember that he adjudge to
no man that which he would not that he
should adjudge to him, if he sought
judgment against him.
After this, then, happened it that
many nations received the faith of
Christ ; then were many synods as
sembled throughout all the earth, and
also among the English race, after they
had received the faith of Christ, of
holy bishop's, and also of other ex
alted *' witan."

AND! OTHER RECORDS.

13

They then ordained, out otthat mercy
which Christ hath taught, that secular
lords, with their leave, might, without
sin, take for almost every misdeed, for
the first offence, the money — "bot" —
wbich they then ordained ; except in
cases of treason against a lord, to which
they dared not assign any mercy, be
cause God Almighty adjudged none to
them who despised him, nor did Christ
the son of God adjudge any to him who
sold Him to death : and He commanded
that a lord should be loved as one's self.
They then in many synods ordained a
"bot" for many human misdeeds; and
in many synod-books they wrote at one
place one doom ; at another, another.
I then, Alfred, king, gathered these
together, and commanded many of those
to be written which our forefathers held,
those which to me seemed good ; and
many of those which seemed to me not
good I rejected them, by the counsel of
my "witan," and in otherwise com
manded them to be holden ; for I durst
not venture to set down in writing much
of my own, for it was unknown to me
what of it would please those who
should come after us.
But those things which I met with,
either of the days of Ine, my kinsman,
or of Offa, king of the Mercians, or of
iEtbelbryght, who first among the Eng
lish race received baptism, those which
seemed to me the rightest, those I have
here gathered together, and rejected the
others. I, then, Alfred, king of the West
Saxons, showed these to all my " witan,"
and they then said that it seemed good
to them all to be holden.

Of the Celebration of Mass-days.
43. To all freemen let these days be
given, but not to " theow-men " and
•lesne-workmen:" xii. days at Yule,
and the day on which Christ overcame
the Devil, and the commemoration day
of St. Gregory, and vii. days before
Easter, and vii. days after, and one day
at St. Peter's tide and St. Paul's, and in
harvest the whole week before St. Mary-
mass, and one day at the celebration of
All-hallows, and the iv. Wednesdays in
the iv. Ember weeks.
To all "theow-men" be given, to
those to whom it may be most desirable
jto give, whatever any man shall give

them in God's name, or they at any of
their moments may deserve.

THE DOOMS OF INE.
Ine, by God's 'grace, king of the West
Saxons, with the counsel and with the
teaching of Cenred my father, and of
Hedde, my bishop, and of Eorcenwold
my bishop, with all my " earldom," and
the most distinguished " witan " of my
people, and also with a large assembly
of God's servants, have been considering
of the health of our souls, and of the
stability of our realm; so that just law
and just kingly dooms might be settled
and established throughout our folk, so
that none of the " earldom," nor of our
subjects, should hereafter pervert these
our dooms. Of ChUdren.
2. Let a child within thirty days be
baptized. If it be not so, let him make
"bot" with xxx shillings. But if it
die without baptism, let him make
" bot " for it with all that he has.

THE LAWS OF KING ATHEL
STAN.
I. Council of Greatan'lea.
King JEthelstaris Ordinance.
I, Athelstan king, with the counsel of
Wulfhelm, archbishop, and of my other
bishops, make known to the reeves at
each " burgh," and beseech you, in God's
name, and by all his saints, and also by
my friendship, that ye first of my own
goods render the tithes both of 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 " earldomen " and my
reeves the same. And I will that the
bishop and the reeves command it to all
those who ought to obey them, that it
be done at the right term. Let us bear
in mind how Jacob the patriarch spake :
" Decimas et hostias pacificas offerarri
tibi;" and how Moses spake in God's
law, " Decimas et primitias non tardabis
offerre Domino." It is for us to think
how awfully it is declared in the books,
If we will not render the tithes to God,

14

ANGLO-SAXON DOOMS

that he will take from us the nine parts
when we least expect; and, moreover,
we have the sin in addition thereto.
And I will also that my reeves so do,
that there be given the church-scotts
and the soul-scotts at the places to which
they rightly belong; and plough-alms
yearly, on this condition, that they shall
enjoy it at the holy places who are
willing to serve their churches, and of
God and of me are willing to deserve it :
but let him who will not, forfeit the
bounty, or again turn to right. Now
ye hear, saith the king, what I give to
God, and what ye ought to fulfil by
my " oferhirnes," and do ye also so that
ye may give to me my own what ye for
me may justly acquire. I will not that ye
unjustly anywhere acquire aught for
me ; but I will grant to your own
justly, on this condition, that ye yield
to me mine, and shield both yourselves,
and those whom ye ought to exhort,
against God's anger and against my
" oferhirnes."

THE LAWS OF KING
EDMUND.'
Ecclesiastical.
King Edmund's Institutes.
" King Edmund assembled a great
synod at London, during the Holy
Easter tide, as well of ecclesiastical as
of secular degree. There was Oda
archbishop, and Wulfstan archbishop,
and many other bishops, meditating
concerning the condition of their souls,
and of those who were subject to them."
Concilium culitonense.
Hasc est instltutio quam Edmundus
Rex, et episcopi sui, cum sapientibus
suis, instituerunt apud Culitonam, de
pace et juramento faciendo.
De Sacramento fidelitatis Regi Ed-
mundo faciendo. In primis ut omnes
jurent in nomine Domini, pro quo sanc
tum illud sanctum est, fidelitatem Ed-
mundo Regi sicut homo debet esse fidelis
Domino suo, sine omni controversia et
seditione, in manifesto, in occulto, in
amando quod amabit, nolendo quod
¦ Edmund, the brother of athelstan, began to
reign in the year 940, and was assassinated in
946. Odo was Archbishop of Canterbury from
the year 934 to 958. Wulfstan was Archbishop
of York from the year 929 to 952, when he was
deprived, and in 934, obtained the see of Dor-
bhester. He died in 956.

nolet ; et antequam juramentum hoc
dabitur ut nemo concelet hoc in fratre
vel proximo suoplusquam in extraneo.

THE LAWS OF KING EDGAR."
a. u. 966.
Supplement.
2. I will that secular rights stand
among every people as good as they can
be best devised, to the pleasure of God,
and to my perfect royalty, and to the
need and peace of rich and poor : and
in every "burh" and in every shire, that
I may have my rights of royalty as my
father had ; and that my thanes have
their dignity, in my time, as they had
in my father's. I will, that secular
rights stand among the Danes with as
good laws as they best may choose.
But with the English, let that stand
which I and my " witan" have added to
the dooms of my forefathers, for the
behoof of all the people. Let this or
dinance, nevertheless, be common to all
the people, whether English, Danes, or
Britons, on every side of my domi
nion, &c.
CANONS ENACTED UNnER KING EDGAR.
35. And we enjoin that no mass priest
celebrate mass alone, so that he have not
one to respond to him. Ecclesiastical
Institutes, p. 472.
vii. Ut sacerdos solus non celebret.
Mass priests shall not, on any account,
[or] by any means, celebrate mass alone,
without other men, that he may know
whom he addresses, and who responds
to him. He shall address those stand
ing about him, and they shall respond
to him. He shall bear in mind the
Lord's saying, which he said in his
Gospel ; he said, " There, where two or
three men shall be gathered in my name,
there will I be in the midst of them."
See also the Ordinance of King Edgar
p. iii. "of Tithes. "c

THE LAWS OF KING
ETHELRED.3 V.
In nomine Domini, Anno Dominica;
Incarnationis, m.viii.
b Edgar, son of Edmund, succeeded his bro
ther Edwi in the year 959, and died in 975.
c See Kemble's Saxons in England, vol. il.
p. 255.
d Ethelred, son of Edgar, succeeded to the

AND OTHER RECORDS.

15

This is the ordinance that the King
of the English, and both the ecclesiasti
cal and lay "-witan" have chosen and ad
vised. 1 . This then is first a, that we all love
and worship one God, and zealously
hold one Christianity, and every heathen-
ship totally cast out : and this we all
have both with word and with « wed,"
confirmed ; that, under one kingship,
we will observe one Christianity, &c.
4. And the ordinance of our Lord
and of his " witan " is, that men of every
order readily submit, before God and
before the world, each to that law which
is appropriate to him : and, above all,
let the servants of God, bishops, and
abbots, monks, and mynchens, priests,
and nuns, submit to the law, and live
according to their rule, and fervently
intercede for all Christian people. b
throne on the murder of his brother Edward, in
the year 978, and died in 1016.
a See Law of the Northumbrian Priests, 67.
" And we will that  stand fast ; ¦
and above all, one Christianity, and one king
ship, for ever in the nation." — Ancient Laws
and Institutes of England, p. 421. Institutes
of Polity, Civil and Ecclesiastical, 11. "Of
a Christian king" " Of bishops," Ancient Laws
and Institutes of England, p. 429.
i> Regarding the election of bishops, see the
accountgiven by Dr.Lingard (History and An-
tiquities of the Anglo-Saxon Church, vol. i. p.
89—96., London, 1845), in which it is stated,
that " the Saxon Church in its infancy was di
vided among seven independent sovereigns,
ignorant of ecclesiastical disciplineand impatient
of control. . . . Their impetuosity was not easily
induced to bend to the authority of the canons,
and their caprice, frequently displayed itself in
the choice and expulsion of their bishops."
After mention of the case of Agilberct, the
learned writer adds, " This and similar instances,
which occur during the first eighty years of the
Saxon Church, show the inconstant humour
and despotic rule of these petty sovereigns; and
the submission of the prelates proves that they
were either too irresolute to despise the orders,
or too prudent to provoke the vengeance of
princes, whose power might easily have crushed
the fabric which they had reared with so much
labour and difficulty. ... In historical records
of the ninth and tenth centuries, we meet with
frequent mention of the succession to bishoprics;
but the vague and doubtful language of the au
thorities throws but little light on the subject,
sometimes describing the appointment as made
by the unfettered choice of the clergy and people,
and sometimes as proceeding solely from the ab
solute will of the sovereign. . . . Under Canute
and his successors, the will of the king was noti
fied in a more imperious manner, and by them
the practice of investiture with the ring and
crosier seems to have been introduced. ... In
the reign of Edward the Confessor (who appears
to have been frequently deceived), the preva
lence of the abuse attracted the notice, and pro
voked the severity, of Pope Nicholas IL His
legates arrived in' England, and conferred with
the King ; but the death, first of Nicholas, then
of Edward, occurred shortly afterwards: and
within a year the Battle of Hastings transferred
the English sceptre into the hands of the Nor-
man conqueror.'*

VII.
21. But there are some men who on
account of their pride, and also on ac
count of birth, scorn to obey divine
superiors, as they ought to do, if they
desired right ; and often apply them
selves to blame what they ought to
praise, and account the worse, for their
humble birth, those whose forefathers
were not in the world either wealthy or
proud, through worldly splendour, nor,
in this transient space of life, flourish
ing or powerful : but these are neither
wise nor wholly discreet, who will not
obey God, nor better understand how
often he hath raised, from little to great,
those who obeyed him and justly spake.
We know that through God's grace a
thrall has become a thane, and a "ceorl"
has become an " eorl," a singer a priest,
and a scribe a bishop.
22. And formerly, so as God de
creed, a shepherd became a king, and
he was very great : also, so as God de
creed, a fisher became a bishop, and he
was very dear and acceptable to Christ. c
IX.
Anno m.xiiii. ab Incarnatione Domini
Nostri Jesu Christi.
2.  » Because a Christian king
is accounted Christ's vicegerent among
Christian people, and his duty it is to
avenge offence to Christ very severely."
42. And he who holds an outlaw of
God in his power over the term that
the king may have appointed, he acts at
peril of himself and all his property
against Christ's vicegerent, who pre
serves and sways over Christianity and
kingdom as long as God grants it.d

THE LAWS OF KING CNUT.*
ECCLESIASTICAL.
Tins is the ordinance that King Cnut,
King of all England, and King of the
Danes and Norwegians, decreed, with
counsel of his " witan," to the praise of
God, and to the honour and behoof of
himself; and that was at the holy tide
of mid-winter, at Winchester. f
c See also Dooms, 24—30.
d See also Dooms, 6* — 9. respecting tithe j also
Dooms, 15 — IS. regarding secular power in eccle
siastical matters, 33—44.
e Cnut, king of Denmark, became monarch of
all England on the death of Edmund Ironside,
a.d. 1017, and died a. d. 1035.
f a.d. 1017—1020. Probably between these

16

ANGLO-SAXON BOOMS

De Deo, Religione, et Rege debite
colendis.
1. That then is first, that, above all
other things, they should ever love and
worship one God, and unanimously ob
serve one Christianity, and love King
Cnut with strict fidelity.
xxii. " And we instruct that every
Christian man learn so that he may at
least be able to understand aright ortho
dox faith, and to learn the Pater noster
and creed : because, with the one every
Christian man shall pray to God, and
with the other, manifest orthodox faith.
Christ himself first sang Pater noster,
and taught that prayer to his disciples ;
and in that divine prayer there are seven
prayers. Therewith, who inwardly sings
it, he ever sends to God himself a mes
sage regarding every need a. man may
have, either for this life or for that to
come. But how then can any man ever
inwardly pray to God, unless he have
inward and true love for, and right be
lief in God: for after his departure
hence, he may not, in community with
Christian men, rest in a hallowed burial
place, or here in life be worthy of housel.
Nor is he well a Christian who will not
learn it; nor may he lawfully receive
another man at baptism, nor at the
bishop's hand, before he so learns it
that he well knows it. " See also Doom
26., and particularly 20. ¦ — ¦ "ad fidelita-
tem erga dominum," . — which '.is placed
among the ecclesiastical, and not among
the secular laws.

LEGES REGIS EDWARD!
CONFESSORIS.
De Multiplici Potestate Regia.
xvii. Rex autem, qui vicarius summi
Regis est, ad hoc constitutus est, ut
regnum et populum Domini, et super
omnia, sanctam ecclesiam, regat et de-
fendat ab injuriosis; maleficos autem
destruat et evellat." Sin autem, nomen

years was the great gemot at Winchester, in
wbich Cnut promulgated his laws. — Kemble's
Saxons m England, vol. ii. p. 259.
a Rogamus etiam dilectionem vestram, ut ec-
clesiasticas personas ab injuria defendatis ;
viduas et orphanos et oppressos misericorditer
relevando, protegatis; quoniam licet ille Rex
regum et supernus Arbiter totius Regni. quam
vobis tradidit, rationem a vobis exigat, pro hiis
tamen districtius appellabit quibus hie non sunt
yires et arma, nisi vestra potentia  Epistota

regis perdit, testante Johanne Papa, cui
Pepinus et Karolus filius ejus necdum
reges sed Principes, sub Rege Franco-
rum stulto, scripserunt, quasrentes : Si
ita deberent manere Reges Francorum,
solo Regio nomine contenti?
A quo responsum est: illos vocari
decet Reges qui vigilantes defendunt et
regunt Ecclesiam Dei et populum ejus,
imitati Regem Psalmigraphum dicen-
tem : Non habitabit in medio domus
mei qui facit superbiam.

THE LAWS OF KING WILLIAM
THE CONQUEROR. »
iii. Carta Regis Willelmi Conquisiloris de
quibusdam statutis, §*c.
Willelmus rex Anglorum, dux Nor-
manorum, omnibus hominibus suis.
Francis et Anglis, salutem.
De Fide et Obsequio erga Regem.
ii. Statuimus etiam, ut omnes liberi
homines foedere et Sacramento affirment
quod intra et extra universum regnum
Anglia; (quod olim vocabatur regnum
Britanniae) Willelmo Regi, domino suo,
fideles esse volunt, terras et honores illius
omni fidelitate ubique servare cum eo,
et contra inimicos et alienigenas de-
fendere.

CARTA FUNDATIONIS AB-
BATLE SANCTI MARTINI
DE BELLO.c
*. u. 1087.
" Huic igitur ecclesice sancti Martini
de Bello, hanc in primis dignitatem
Alexandri Papce ad Willielmum Conquisitorem,
Incip. Regn. 14 die Oct. 1066 (Rymari Foedera,
vol.i. p. 1. edit. 1816). See also The Laws of
Alfred and Guthrum (Ancient Laws and Insti
tutes of England, p. 71—74. 91£. " Of Ecclesias
tics and Foreigners"). XIII. "Hoc quoque
pr£ecipimus, ut omnes habeant et teneant leges
Edwardi Regis in omnibus rebus, adauctis hiis
quas constituimus ad utilitatem Anglorum." —
The Lows of King William the Conqueror.
b William, Duke of Normandy, ascended the
throne of England on the death of Harold, in
the year 10BS, and died in 1087.
c See also Kenulph's letters patent, granting
a charter of privileges to the monastery of
Abingdon (a.d. 755.) : " Et quod proedictus Ru-
chinus ab omni regis ohstaculo, et episcopal!
jure in sempiternum esset quietus," &c  ( Stam
ford's Pleas of the Crown, 1. 2. Ibi 3. ; Coke's
Reports, Part v. " Cawdrey's 'case ; " Sir John
Davis's Reports, p. 4. p. 72, 73., London, folio,,

AND OTHER RECORDS.

17

regali auctoritate concedo, ut habeat
curiam suam per omnia, et regiam liber-
tatem et consuetudinem tractandi de
suis rebus vel negotiis, et justiciam per
se tenendam ; sitque libera et quieta in
perpetuum ab omni subjectione epis-
coporum, et quarumlibet personarum
dominatione, sicut ecclesia Christi Can-
• tuariae." A. n. 1078.
" To Gregory the most excellent
Pastor of the holy Church, William, by
the grace of God, King of the English,
and Duke of the Normans, wisheth
health, and desireth his friendship. Re
ligious Father, your legate Hubert
coming unto me, admonished me, in
your behalf, inasmuch as I should do
fealty to you and your successors ; and
that I should take better care for the
payment of the money wbich my pre
decessors were wont to send to the
Church of Rome. One thing I have
granted, the other T have not granted.
Fealty I would not do, nor will I ; be
cause I neither promised it, neither do
I find that my predecessors ever did it
to your predecessors. The money, for
almost three years, when I was abroad
in France, hath been but negligently
collected ; but now, seeing by Divine
mercy I am returned into my kingdom,
what is gathered is sent by the aforesaid
legate ; and the arrears which remain
shall be sent by the messengers of Lan-
frank, our faithful Archbishop, in time
convenient. " Pray for us, and for the good state
of our kingdom ; because we have loved
your predecessors, and do desire sincerely
to love, and obediently to hear you, above
all others.""

comitibus, vicecbmitibus, ceterisque fi-
delibus suis Francis et Anglis, salutem.
Sciatis me dedisse Anselmo Archiepis
copo Archiepiscopatum Cantuar' Ec
clesias cum omnibus libertatibus et dig-
nitatibus ad Archiepiscopatum Cantuar'
pertinentibus, &c. &c.

WILLIELMUS II. *
Incip. Regv. 9 die Sept. a. d. 1087.
Carta Regis qua archiepiscopatus Cantuar'
Anselmo conceditur.
Willielmtjs Rex Anglije, episcopis,
1674, and Collier's remarks thereon ; Ecclesiasti
cal History, vol. i. p. 256— 259.; also, the Catholic
Divine's Answer (Parsons) to Sir Edward Coke,
and Fuller's Cavils of Parsons against Sir Ed
ward Coke confuted ; Church History of Britain,
book ii. cent. viii. vol. i. p. 155—157., London,
8vo. 1837.)
a See Fuller's Church History of Britain,
London, 8vo. 1837, vol. i. pp. 267—269.
b a.d. 10P3.

HENRY I.<=
Littera Regis Anglice ad Paschalem II.
Papam, de beneficiis et honoribus in
Regno Anglice eidem conservandis ; ac
etiam de usibus, dignitatibus-, et consue-
tudinibus non minuendis.
" Patri venerabili Paschali summo
Pontifici, Henricus, Dei Gratia Rex
Anglorum, salutem. Promotioni vestra?
in sedem Sanctse Romans Ecclesias plu-
rimum congaudeo, petens quod amicitia
qua? patri meo cum antecessoribus ves-
tris fuit, inter nos quoque illibata per-
maneat ; unde, ut dilectio et henignitas
a me videatur sumere initium, beneficium
quod ab antecessoribus meis beatus Pe-
trus habuit, vobis mitto ; eosque honores
et earn obedientiam, quam tempore pa-
tris mei antecessors vestri in regno
Anglise habuerunt, tempore meo ut ha-
beatis, volo : eo videlicet tenore, ut dig-
nitates, usus, et consuetudines, quas
pater meus tempore antecessorum ves-
trorum in regno Anglia; habuit, ego
tempore vestro in eodem regno meo
integre obtineam. Notumque habeat
sanctitas vestra, quod me vivente, Deo
auxiliante, dignitates et usus regni An
glise non minuentur. Et si ego, quod
absit, in tanta me dejectione ponerem,
optimates mei, ymmo totius Angliae
populus, id nullo modo pateretur. Ha-
bita igitur, Karissime Pater, utiliori
deliberatione, ita se erga nos moderetur
benignitas vestra, ne, quod invitus faciam,
a vestri me cogatis recedere obediential'
Concilium Londoniense de Investiturd a
laicis non accipiendd.d
Eodem anno (a. d. 1107) factus est
conventus episcorum et abbatum pariter
a A.D. 1103, an. 3 Hen. I.
d " A weak and timorous act of so wise and
valiant a prince, whose predecessors before the
conquest neld this power (though some time
loosely) in their own hands ; and his predeces
sors since the Conquest grasped it fast in their
fist, in defiance of such popes as would finger it
from them."— Fuller's Church History, vol. i.
p. 292. edit. 8vo. London, 1837. Of homage done
by bishops, see Coke's 'Institutes, vol. i. p. 61.

18

ANGLO-SAXON DOOMS

et magnatum Londoniis in Palatio Re
gis, Presidente Archiepiscopo Anselmo,
cui innuit Rex Henricus et statuit, ut
ab eo tempore in reliquum nunquam
per donationem baculi pastoralis vel an-
nuli, quisquam, de episcopatu vel abba-
tia per regem vel quamlibet laicam
manum investiretur in Anglia : conse-
dente archiepiscopo ut nullus ad prsela-
tionem electus pro homagio, quod regi
faceret, consecratione suscepti honoris
privaretur. (Matth. Paris, Hist. Anglor.
p. 53. London, folio, 1684; Wilkins's
Concilia, vol. i. pp. 386, 387. ; Spelman's
Concilia, vol. ii. pp. 25 — 28.)
Confirmatio Donationis Civitatis Bathon',
et Transpositionis Sedis Episcopalis in
eandem.
Henricus, Dei gratia, Anglorum Rex,
omnibus archiepiscopis, episcopis, co-
mitibus, vicecomitibus, baronibus, et
fidelibus suis, Francis et Anglis, totius
Regni Anglis, salutem.
Notum sit vobis quod earn donationem
quam donavi Deo et Sancto Petro in
Batha, ubi frater meus Willelmus et
ego constituimus et confirmavimus se-
dem episcopates totius Summerseta;,
qua; olim erat apud villam quae dicitur
Wella, scilicet ipsam urbem, et omnia
pertinentia ad firmam ejusdem civitatis,
dono et confirmo ipsi Domino nostro
Jhesu Christo, et beato Apostolo ejus
Petro, et Johanni episcopo ejusque suc-
cessoribus, jure perpetuo et hereditario,
&c. &c.

STEPHEN.
Carta Regis de Possessionibus Episcopatus
Bathoniensis Roberto Episcopo electa,
restituendis.
Stephanos, Rex Anglorum, archiepis
copis, episcopis, abbatibus, comitibus,
vicecomitibus, baronibus, et omnibus
fidelibus suis per totam Angliam con-
stitutis, salutem.
Sciatis me dedisse et concessisse Ro
berto Episcopo Bathonia; episcopatum
Bathonias, in terris et hominibus, in do-
miniis et fcedis, in omnibus rebus, aliis
ad Episcopatum pertinentibus; canonica
prius electione pra?cedentia, et communi
vestro consilio, voto et favore prose-
quente. &c.a
a This charter was subscribed by the arch
bishops, the bishops, and the nobles.

HENRY II.
Archiepiscopus Cantuariensis ad Regem
Anglice.
Desiderio desideravi videre vestram, et
loqui vobiscum ; multum
quidem propter me, sed An.' 2 Hen. 2.
maxime propter vos. Prop
ter me, ut, visa facie nostra, reduceretis
ad memoriam servicia quae, dum agerem
in obsequio vestro, exibui vobis devote
et fideliter, juxta aniini mei conscien-
tiam ; sic Deus me adjuvet in examine
ultimo, quando omnes astabunt ante
tribunal ipsius, recepturi prout gesse-
runt incorpore, sive malum sive bonum;
et ut moveremini pietate super me, quern
oportet mendicando vivere inter alienos ;
licet tamen, Dei gratia, cum abundan-
cia victualia ad sufficientiam habeamus.
Estque nobis consolacio multa, quod
dicti Apostolus, " Omnes qui pie vo-
lunt vivere in Christo, persecutionem
patiantur ;" et Propheta : "Non vidi jus-
tum derelictum, nee semen ejus qua'rens
panem." Propter vos, ex tribus causis : turn
quia dominus meus estis, turn quia rex
meus, turn quia films meus spiritualis.
Eo quod dominus, debeo vobis et of-
fero consilium meum et obsequium,
quodcunque debet episcopus, secundum
honorem Dei et sancta; ecclesia;, domi
no : eo quod Rex, teneor ad reverentiam
vobis et commonitionem ; eo quod filius,
officii ratione ad castigationem teneor
et cohertionem. Corripit enim pater
filium, nunc blandis nunc asperis, ut sic,
vel sic revocet eum ad benefaciendum.
Nosse debetis vos, Dei gratia, Regem
esse primo quia, vos ipsum Regem de
betis, vitamque vestram optimis infor-
mare moribus, ut vestri exemplo caeteri
provocentur ad melius, juxta illud
sapientis : " Componitur orbis Regis ad
exemplum." Secundario alios ; hos de-
mulcendo, alios puniendo, potestatis auc ¦
toritate, quam ab ecclesia recipitis, turn
Sacramento unctionis, turn gladii officio,
quem gestatis ad malefactores ecclesia;
cohereendos. Inungentur enim Reges
tribus in locis, in capite, in pectore, in
brachiis, quod significat gloriam, scien-
tiam, fortitudinem.
Quiantiquistemporibusjustificationes
Domini non observabant, sed praeva-
ricati sunt mandata ejus, his sublata est
gloria, scientia, fortitudo, et eorum gene
ration! ; exemplo Pharoanis, Saulis,
Nabucodonosor, Solomonis, aliorumque

AND OTHER RECORDS.

19

quam plurium. Qui vero post delictum
suum cordis contricione humiliaverunt
se Domino, hiis Dei gratia, accessit cum
omnibus supradictis habundantius et
perfectius ; sicut David, Ezechiae, ali-
isque quamplurimis. Christus fundavit
ecclesiam, ej usque comparavit libertatem
sanguine proprio ; sustinendo flagella,
spuda, clavos, mortis angustias ; nobis
relinquens exemplum ut sequamur ves
tigia ejus : unde dicit Apostolus : " Si
compatimur ei et conregnabimus ; si
commorimur, et conresurgemus." Ec
clesia enim Dei in duobus constat ordi-
nibus, clero et populo. In clero sunt
apostolici viri, episcopi, et caeteri doctorcs
ecclesia; ; quibus commissa est cura et
regimen ipsius ecclesiae: qui tractare ha-
bent negotia ecclesiastica, ut totum redu-
cant ad salutem animarum. Unde et Petro
dictum est, et in Petro aliis ecclesias
Dei rectoribus, non regibus, non princi-
pibus : " Tu es Petrus, et super hanc
petram aedificabo ecclesiam meam ; et
porta; inferi non praevalebunt adversus
earn." In populo sunt reges, principes,
duces, comites, et alia; potestates, qui
sascularia habent tractare negotia, ut
totum reducant ad pacem et unitatem
ecclesia:. Et quia certum est Reges
potestatem suam accipere ab ecclesia,
non ipsam ab illis, sed a Christo (ut
salva pace vestra loquar), non babetis
episcopis praecipere, absolvere aliquem
vel excommunicare, trahere clericos ad
saecularia examina, judicaire de ecclesiis
vel decimis, interdicere episcopis, ne
tractent causas de transgressione fidei
vel juramenti ; et multa in hunc modum
qua; scripta sunt inter consuetudines
vestras, quas dieitis avitas. Dominus
enim dicit, " Leges meas custodite ; " et
iterum per Prophetam : " Vae qui con-
dunt leges iniquas, et scribentes scripse-
runtinjusticias.utopprimerentpauperem
in judicio, et vim facient causa; humilium
populi Dei."
Audiat itaque, si placet, dominus
meus consilium fidelis sui, commoni-
tionem episcopi sui, et castigationem
patris sui ; nee cum scismaticis aliquam
de caetero habeat familiaritatem vel com-
munionem, nee cum eis aliquo modo
contrahat. Notum est enim toti fere
mundo quam devote, quam honorifice,
dominum papam receperitis ; quantum
ecclesiam Romanam foveritis et honora-
veritis ; quantumcumque et dominus
papa et ecclesia Romana personam ves-
' tram dilexerint, honoraverint, atque

etiam in quibuscumque secundum Deum
potuerint, vos exaudierint. Nolite ergo,
domine, si salutem anima? desideratis,
eidem ecclesiae, quod suum est, aliqua
ratione subtrahere, seu in aliquo ei citra
justitiam contraire; immo eandem ei
permittatis in regno vestro habere liber
tatem, quam et in aliis regnis habere
dinoscitur. Memor sitis professionis
quam fecitis ; et posuistis scriptam super
altare apud Westmonasterium, de ser
vanda ecclesia; Dei libertate sua, quando
^consecratus estis, et unctus in regem a
prasdecessore nostro. Ecclesiam etiam
Cantuariensem, a qua promotionem et
consecrationem accepistis, in eum statum
restituatis et dignitatem, in quibus fuit
temporibus praedecessorum vestrorum et
nostrorum : possessionesque ad ipsam
ecclesiam et nos pertinentes, villas, cas-
tella, et prasdia, quae pro voluntate vestr&
distribuistis, resque omnes ablatas, tarn
nostras quam clericorum nostrorum et
laicorum, in integrum nobis restituatis.
Permittatis etiam nobis, si placet,
libere et in pace, et cum omni securi-
tate, redire in sedem nostram ; officio-
que nostro libere uti, sicut debemus et
ratio exigit : et nos vobis, tamquam
domino karrissimo et regi, fideliter et
devote pro viribus servire parati sumus,
in quibuscumque poterimus ; salvo ho-
nore Dei et ecclesia; Romana;, et salvo
ordine nostro : alioquin pro certo sciatis,
quod divinam severitatem et ultionem
sentietis. Concilium Clarendoniense. a.d. 1164.
I. De advocatione et praesentatione
ecclesiarum, si controversia emerserit
inter laicos, vel inter laicos et clericos,
vel inter clericos in curia domini regis
tractetur et terminetur.
II. Ecclesia; de feudo domini regis
non possunt in perpetuum dari absque
concessione ipsius.
III. Clerici accusati de quacunque
re summoniti a justitiario regis, veniant
in curiam ipsius responsuri ibidem de
hoc unde videbitur curia; regis, quod ibi
sit respondendum, et in curia ecclesias
tica unde videbitur, quod ibi sit respon
dendum : ita quod regis justitiarius
mittet in curiam sancta; ecclesiae ad vi-
dendum, quomodo res ibi tractabitur.
Et si clericus convictus vel confessus
fuerit, non debet eum de caatera ecclesia
tueri. IV. Archiepiscopis, episcopis, et per-

c 2

20

ANGLO-SAXON DOOMS

sonls regni non licet exire regnum abs
que licentia domini regis, et si exierint,
si regi placuerit, securum eum facient,
quod nee in eundo, nee in redeundo,
vel moram faciendo, perquirent malum
sive damnum domino regi vel regno.
VIII. De appellationibus si emer-
serint, ab archidiacono debebit procedi
ad episcopum, ab episcopo ad archie-
piscopum, et si archiepiscopus defuerit
in justitia exhibenda, ad dominum re
gem perveniendum est postremo, ut
prsecepto ipsius in curia archiepiseopi
controversia terminetur ; ita quod non
debeat ultra procedi absque assensu
domini regis.
XI. Archiepiseopi, episcopi et uni-
versae persona; regni, qui de rege tenent
in capile, habeant possessiones suas de
rege sicut baroniam, et inde respondeant
justitiariis et ministris regis, et sequantur
et faciant omnes rectitudines et con-
suetudines regias ; et sicut caeteri ba-
rones debent interesse judiciis curiae
regis cum baronibus, quousque perve-
niatur ad diminutionem membrorum vel
ad mortem.
XIII. Si quisquam de proceribus
regni disforciaverit archiepiscopo, vel
episcopo, vel archidiacono, de se suisve
justitiam exhibere, dominus rex debet
eos justitiare. Et si forte aliquis dis-
forciaret domino regi rectitudinem suam,
archiepiseopi, episcopi, et archidiaconi
debent eum justitiare ut regi satis-
facia t.

JOHN.

Carta Johannis Regis aurea bulla munita,
per quam regnum et coronam Anglice
Innocentio III. Papce resignavit
Johannes, Dei gratia, Rex Anglie,
dominus Ybernie, dux
An.l5Jo'han. Normannie et Aquitanie,
Bibl. Cotton, comes Andegavie, omnibus
Nero, c. ii. n. christi fidelibus presentem
paginam inspecturis, salu
tem in Domino.
Universitati vestre per hanc cartam
.aurea bulla nostra munitam, volumus
esse notum, quod sum Deum, et matrem
nostram sanctam ecclesiam offenderimus
in multis et proinde divina misericordia
plurimum indigere noscamur, nee quid
quod digne offerre possimus pro satis-
factione Deo et ecclesie debita facienda,
nisi nos ipsos habeamus, et regna
nostra.

Volentes nos ipsos humiliare pro illo,
qui se pro nobis humiliavit usque ad
mortem, gratia Sancti Spiritus inspirante,
non inducti nee coacti timore, sed bona
nostra spontaneaque voluntate, ac com-
muni consilio baronum nostrorum orTeri-
mus, et libere concedimus Deo, et
Sanctis apostolis ejus Petro et Paulo, et
sancte Romane ecclesie matri nostre, ac
domino nostro Pape Innocentio tercio,
ej usque catholocis successoribus, totum
regnum Anglie, et totum Ybernie, cum
omni jure et pertinentiis suis, pro re-
missione peccatorum nostrorum et totius
generis nostri, tam pro vivis quam
defunctis. Et amodo ilia a Dto et ab ecclesia
Romana, tanquam feudatarius, reci-
pientes et tenentes, in presentia vene-
rabilis patris nostri domini Nicolai
Tusculani episcopi, apostolice sedis le-.
gati, et Pandulfi domini Pape Inno
centio ejusque catholicis successoribus,
ac ecclesie Romane, secundum suhscrip-
tam formam, facimus et juramus.
Et homagium etiam legum, pro pre
dicts regnis Deo et Sanctis apostolis
Petro et Paulo, et ecclesie Romane,
et eidem domino nostro Pape Inno
centio, per manus predicti legati, et
loco et vice ipsius domini Pape re
cipients, publice fecimus; successores
et heredes nostros de uxore nostra in
perpetuum obligantes, ut simili modo
suinmo pontifici, qui pro tempore fuerit,
et ecclesie Romane, sine contradictions
debeant fidelitatem prestare, et homa
gium recognoscere.
Ad indicium autem hujus nostre
perpetue obligations et concessionis,
volumus et stabilimus ut, de propriis, et
specialibus redditibus predictorum reg^
noium nostrorum, pro omni servicio et
consuetudine, quod pro ipsis facere de-
beremus (salvo per omnia denario beati
Petri) ecclesia Romana mille marcas
sterlingorum percipiat annuatim ; scilicet
in festo sancti Michaalis quingentas
marcas, et in Pascha quingentas mar
cas: septingentas, scilicet, pro regno
Anglie, et trecentas pro regno Ybernie ;
salvis nobis et haeredibus nostris justiciis
libertatibus et regalibus nostris.
Que omnia, sicut supradicta sunt, rata
volentes esse perpetud atque firma, ob-
ligamus nos et successores nostros contra
non venire.
Et si nos, vel aliquis successorum
nostrorum hoc atteraptare presumpserit
quicunque fuerit, ille, nisi rite monitus '

AND. OTHER RECORDS.

21

resipuerit, cadat a jure regni, et hoc
carta obligationis et concessions nostre
semper firma permaneat.

THE HOMAGE OF JOHN.
Forma homagii facti Papee de regno
Anglice et Ybemiai.
Ego Johannes, Dei gratia, Rex An
glorum et dominus Ybernie, ab hac hora
in antea fidelis ero Deo et beato Petro
et ecclesie Romane, ac domino meo,
domino Innocentio tercio Pape, ejusque
successoribus catholice intrantibus.
Non ero in facto, dicto consensu vel
consilio, ut vitam. perdant, ant membra,
aut mal& captione capiantur.
Eorum dampnum si scivero, impe-
diam, et removere faciam, si potero ;
alioquin eis, quam citius potero, inti-
mabo, vel tali persone dicam quam eis
credo pro certo dicturam : consilium
quod michi crediderint per se, vel per
nuncios, se Htteras suas, secretum teneboj
et ad eorum dampnum nulli pandam,
me sciente.
Patrimonium beati Petri, et specia-
liter regnum, Anglie et regnum Ybernie,
adjutor eis ero ad defendendum contra
homines, pro posse meo ; sic me Deus
adjuvet et hec sancta Dei evangelia.
De quibus ne possit imposterum ali-
quid dubitari, ad majorem securitatem
predicte obligationis et concessionis
nostre, presentem cartam fieri fecimus,
et aurea bulla nostra signari ; ac, pro
censu hujus presentis et primi anni,
mille marchas sterlingorum, per manum
predicti legati, ecclesie Romane persol-
vimus. Testibus,
Domino S. Cantua- Roberto de Ros',
rien* archiep'o, W. comite de
W. Londonen', Ferr',
P. Wintonien', S. comite Winto-
C Elien', nien',
H. Lincoln,' Guillielmo Bri-
W. de Gray', can- were,
cellario nostro, Petro filio Here-
W. comite Sarisbe- berti, et
rien', fratre nostro, Briano de Insula,
R. comite Cestr', dapifero nostro.
W. Marescallo co
mite Pembroc1,
Datum per manus majistri Riccardi
de Marisco, archidiaconi Rechemundie
et Northumbr' apud sanctum Paulum
Londonen', tercia die Octobris, anno ab
incarnatione Domini mill0 cc°.xiu.
Regni vero nostri, anno xv°.

HEN. III.
Statute of Merton, Cap. ix.
To the king's writ of bastardy, whether
one being born before matrimony may
inherit in like manner as he that is born
after matrimony, all the bishops an
swered, that they would not, nor could
could not, answer to it, because it was
directly against the common order of the
Church. And all the bishops instanted the
Lords, that they would consent that all
such as were born afore matrimony
should be legitimate, as well as they
that be born within matrimony, as to
the succession of inheritance, forsomuch
as the Church accepteth such for legiti
mate. And all the earls and barons
with one voice answered, that they
would not change the laws of the realm
which hitherto have been used and ap
proved.

An. 35° EDWARDI I. a.d. 1306-7.
Statutum Karlioli.
The Statute of Carlisle.
Of late it came to the knowledge of
our lord the king;, by the Causes of
grievous complaint of the erection of
honourable persons, lords abDevs-
and other noblemen of his realm, that
whereas monasteries, priories, and other
religious houses were founded to the
honour and glory of God and the ad
vancement 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 tene
ments 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 lay
men might be admitted in such monas
teries, priories, and religious houses,
according to their sufficient ability, and
that sick and feeble men might he
maintained, hospitality, almsgiving, 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 go-*
vernours of the said houses, and certain
aliens their superiours, as the abbots
and priors of Cestercienses and Pre-
monstratenses, and of the (order) of

c 3

22

ANGLO-SAXON DOOMS

St. Augustine and St. Benedict, and
many more of other religion and order,
have (at their own pleasure set) divers
unwonted, heavy, and importable tal
lages, 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 cus
toms of the said realm ; and thereby
the number of religious persons, and
other servants in the said bouses and
religious places being oppressed by such
tallages, payments, and impositions, the
service of God is diminished, alms
(being not given to) the poor, the sick,
and feeble, the healths of the living and
the souls of the dead be miserably de
frauded, hospitality, almsgiving, and
other godly deeds do cease ; and so that
which in times past was charitably given
to godly uses, and to the increase of the
service of God, is now converted to an
evil (end) ; by permission whereof there
groweth great scandal to the people,
and infinite losses (and disheritances are
like to ensue to) the founders of the
said houses and their heirs, unless
speedy and sufficient remedy be pro
vided to redress so many and grievous
detriments : wherefore our foresaid lord
the king, considering that it would be
very prejudicial to him and his people
if he should any longer suffer so great
losses and injuries to be winked at, and
therefore being willing to
innsfEdw'.dI. mai"tain 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 pro
vide sufficient remedy to reform such
oppressions, as he is bound, by the
counsel 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),
hath ordained and enacted :
" That no abbot, prior, master, war
den, or other religious per-
Recital nf the son, of whatsoever condi-
saidact33 tion, state, or religion he
jfiouMiersot be> beinS un.d^ the kinS's
shall send no power or jurisdiction, shall
tax, &c. be- Dy himself, or by mer-
yondthesea. ehantg ^ ^^ 5ecre(.,y
or openly, by any (device or means),
carry or send, or by any means cause to
be sent, any tax imposed by the abbots,

priors, masters, or wardens of religious
houses, their superiors, or assessed
amongst themselves, out of his king
dom and his dominion, under the name
of a rent, tallage, or any kind of im
position, or otherwise (by the way) of
exchange (mutual sale), or other con
tract howsoever it may be termed,
neither shall depart into any country
for visitation, or upon any other colour,
by that means to carry the goods of
their monasteries and houses out of the
kingdom and dominion aforesaid. And
if any will presume to offend this pre
sent statute, he shall be grievously
punished according to .the quality of his
offence, and according to his contempt
of the king's prohibition.
" Moreover, our foresaid lord the king
doth inhibit all singular III
abbots, priors, masters, imposit;ons
and governors of religious shall not be
houses of the same orders assessed by
. .... , , , . nnors aliens.
in his kingdom and domin
ion be subject, that they do not at any
time hereafter impose, or by any means
assess any tallages, payments (charges),
or other burdens whatsoever upon the
monasteries or other religious houses in
subjection unto them as is aforesaid ;
and that upon (pain of all that they
have or may forfeit)".
And further, our lord and king hath
ordained and established,
that the abbots of the IV.
orders of Cestercienses and sea"00f™bbe?s.
Premonstracenses, and
other religious orders, whose seal hath
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 private
seal of the abbot of the same house
(so that the abbot or prior, which doth
govern the house, shall be able of him
self to establish nothing, though hereto
fore it hath been otherwise used). And
if it fortune hereafter, that writings (of
obligations), donations, purchases, sales,
alienations, or of any other contracts, be
sealed with any other seal than such a
common seal kept as is aforesaid, they
shall be adjudged void, and of no force
in law. But it is not the meaning of
our lord the king to exclude the abbots,

AND OTHER RECORDS.

23

Abbots, aliens, Pri°rs> and other religious
may visit their aliens, by the ordinances
England" and statutes aforesaid, from
executing their office of
visitation in his kingdom and dominion ;
but they may visit at their pleasures, by
themselves or others, the monasteries
and other places in his kingdom and
dominion in subjection unto them, ac
cording to the duty of their office, in
those things only that belong to regular
observation and the discipline of their
order, provided, that they which shall
execute this office of visitation, shall carry,
or cause to be carried out of his kingdom
and dominion none of the goods or
things of such monasteries, priories, and
houses, saving only their reasonable and
competent charges.
And though the publication and open
Commence- notice of the ordinances
ment of the and statutes aforesaid was
tn'e«'t"t0f stayed in suspense for cer
tain causes, sithence the
last Parliament, until this present Par
liament, holden at Carlisle in the Oc
taves of St. Hilary, in the five-and-
thirtieth year of the reign of the same
King Edward, to the intent that they
might proceed with great 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, touching the
premises, by their whole consent and
agreement hath ordained and enacted,
that the ordinances and statutes afore
said, under the manner, form, and con
ditions aforesaid, from the first day of
May next ensuing, shall be inviolably
observed for ever, and the offenders of
them shall (be punished as is aforesaid).
The like statute, word for word, is
sent into all the counties throughout
England. The king to the sheriff of Salop,
greeting. Whereas, for the common
weal of the people of our realm, and
amendment of the state of our whole
dominion, in our present Parliament at
Carlisle, with the advice of our great
men and nobles, we have made certain
statutes, which we do send you signed
to be observed ; we do command you,
firmly enjoining, that the same in two
of your county courts you do cause to
be openly read and recited, and the
same in all and singular their articles to
be inviolably observed, and this in no

wise omit. Witness, the king at Car
lisle, the twentieth day of March.
Like writs are sent to every sheriff
throughout England.
The king to his well-beloved in Christ
the Abbot of Waverley,greeting. Where
as, for the common weal of the people of
our realm, &c, as above. We do com
mand you, firmly enjoining, that the
same every year twice in a full chapter
of your house you do cause to be openly
read and recited, and in all and singular
their articles, under the pain in the said
statutes contained, to be inviolably ob
served. Witness as above.
The aforesaid statute was sent, with
the king's letters patent in form afore
said, to the abbots of the places under
written, viz. : — ¦
Egliston. Fountains. Gerwedon.
St. Agatha. The Rock. To the Prior
Jeroval. Wellbeck. of Spald-
BellaLanda. Rughford. ing.
Four like letters, at the instance of
the prince, to be directed to certain ab
bots in Wales.

25th EDWARD III. St. vi. A.n.1350.
THE STATUTE OF FROV1SORS OF
BENEFICES.
Statute the Fourth.
Whereas, late in the Parliament of
good memory of Edward, king of Eng
land, grandfather to our lord the king
that now is, the (xxv.) year of his
reign, holden at Carlisle, the petition
(heard just before) the said grandfather
and his council in his said Parliament
by the commonalty of the said realm,
containing, that whereas the holy
Church of England was founded in
the estate of prelacy, within the realm
of England, by the said grandfather and
his progenitors, and the earls, barons,
and other nobles of his said realm, and
their ancestors, to inform EecitllI of pr0.
them and the people of the ceedings in
law of God, and to make £?r!iament,
, . .... , , 35 Edw. I.
hospitalities, alms, and
other works of charity, in the places
where the churches were founded, for
the souls of the founders,
their heirs, and all Chris- JJjSygg*
tians ; and certain posses- possessions
sions, as well in fees, lands, g^"ch° the
rents, as in advowsons,
which do extend to a great value, were

C 4

2-1

ANGLO-SAXON DOOMS

assigned by the said founders to the
prelates and other people of the holy
Church of the said realm, to sustain the
same charge, and especially of the
possessions which were
•Voidances and assi„nea to archbishops,
presentments . . ,° ... ' •
of benefices bishops, abbots, priors,
belong to the religious, and all other
king and great people of the holy Church,
by the kings of the same
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. And
the said kings in times past were wont
to have the greatest part of their council
for the safeguard of the realm when
they had need of such pre-
ThoPopebe- lat and cierks so ad.
StOreth Spi-
ritual livings vanced; (the Bishop) ot
upon aliens Home, accroching to him
^England? the seignories of such pos
sessions and benefices doth
give and grant the same benefices to
aliens, which did never dwell in Eng
land, and to cardinals which might not
dwell here, and to other as well aliens as
denizens, as if he had been patron or
advowee of the said dignities and bene
fices, as he was not of right by the law
of England ; whereby, if
Theincon- tfey should be suffered,
^there™,;. there should 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 elec
tions of archbishops, bishops, and other
religious should fail, and the alms, hos
pitalities, 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 the realm, in adnullation
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 destruction of the laws and
rights of his realm, and to the great
danger of his people, and in subversion
of all the estate of the 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 in
stances and requests, the damage and
grievances afore considered, in the said
full Parliament it was (or
dained, provided, estab- In the„ parlia.
... , r , ... . ment 35 Edw.
lished, agreed, adjudged, I., provision
and considered), that the was made
said oppressions,grievances, »f u'nst £uc'1
and damages in the same
realm from henceforth should not be
suffered in any manner. And now it is
showed to our lord the king in this pre
sent Parliament holden at Westminster,
at the Utas of the Purification of our
Lady, the five and twentieth year of his
reign of England, and of France the
twelfth, by the grievious complaints of
all the commons of his realm, that the
grievances and mischiefs aforesaid do
daily abound, to the greater damage and
destruction of all (his realm of England),
more than ever were before, viz., that
now of late (the Bishop of Rome) by
procurement of clerks and Tfje p
otherwise, hath reserved, giveth the
and doth daily reserve to benefices of
his collation generally and Lid reserveth
especially, as well arch- the first fruits
bishoprics, bishoprics, ab- t0 himself-
beys, and priories, as all other dignities
and other benefices of England, which
be of the advowry of people of the holy
Church, and give the same as well to
aliens as to denizens, and taketh of all
such benefices the first fruits, and many
other profits, and a great part of the
treasure of the said realm, by the pur
chasers of such (benefices and graces
aforesaid); and also by such privy re
servations many clerks advanced in this
realm by their true patrons, which have
peaceably holden their advancements by
long time, be suddenly put out ; where
upon the said commons have prayed our
said lord the king, that sith 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 remedy
and law, (and in removing) the mis
chiefs and damages which happen to his
realm, he ought, and is bound by his
oath, with the accord of his people in
his Parliament, therefore to make
remedy and law, (and in removing) the

AND OTHER RECORDS.

25

mischiefs and damages which thereof
ensue, that it may please him thereupon
to ordain remedy.
Our lord the king, see'ng the mis-
The causes chiefs and damages before
and reasons of mentioned, and having re-
statutef thU gard t0 the Said statule
made in the time of his
said grandfather, and to the causes con
tained in the same, which statute holdeth
always his force, and was never de
feated (repealed) nor adnulled in any
point, and by so much 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
hath been sithence 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 his realm, hath (ordered) and sta-
blished, that the free elections of arch-
Elections of bishops, bishops, and all
bishops and other dignities and bene-
o'her dignities fices elective in England,
of the Church , ,, , , , - , j. ^,
shall be free shall hold from henceforth
as they were in the manner as they were
founded. grarlted by the king's pro
genitors, and (the ancestors of other
lords, founders of the said dignities and
other benefices). And that all prelates
and other people of the Holy Church,
which have advowsons of any benefices
of the king's gift, or of any of his pro
genitors, or of other lords and donors,
Collations and t0 do ^ivine services and
presentations other changes thereot or-
shall be free, dained, shall have their
collations and presentments freely to
the same, in the manner as they were
enfeoffed by their donors. And in case
that reservation, collation, or provision
be made by the Court of Rome, of any
archbishopric, bishopric, dignity, or
other benefice, in disturbance of the
Where the (free) elections, collations,
Pope maketh or presentations afore-
provisions to a named, that at the same
Chgurcn,°tfhehe time of the voidance (that)
king shall such reservations, colla-
present. tions, and provisions (ought
to) take effect, our lord the king and

his heirs shall have and enjoy for the'
same time the collations to the arch
bishoprics and other dignities elective,
which be of his advowry, such as his
progenitors had, before that free elec
tion was granted (since that the election
was) first granted by the king's pro
genitors upon a certain form and con ¦
dition, as to demand licence of the king
to choose, and after the election to have
his royal assent, and not in other man
ner ; which conditions not kept, the
thing ought by reason to resort to his
first nature ; and if any such reserva-
tion, provision, or collation So .„ cases of
be made of any house of re- provision to
ligion of the king's ad- religious
j. x i c houses or to
vowry in disturbance of benefices of
free election, our sovereign the advowson
lord the king, and his heirs, of the clersy-
shall have for that time the collation to
give this dignity to a convenient per
son. And in case that collation, reser
vation, or provision be made by the
Court of Rome of any church, prebend,
or other benefices, which be of the ad
vowry of people of the Holy Church,
whereof the king is advowee paramount
immediate, that at the same time of
the voidance, at which time the colla
tion, reservation, or provision (ought
to) take effect as afore is said, the king
and his heirs thereof shall have the pre
sentment or collation for that time ; and
so from time to time, whensoever such
people of Holy Church shall be dis
turbed of their presentments or colla
tions, by such reservations, collations,
or provisions, as afore is said ; saving to
them the right of their ad-
vowsons and their pre- ^rS,
sentments, when no col- or the parties
lation or provision of the themselves
Court of Rome is thereof
made, where that the said , people of
Holy Church shall or will to the same
benefices present or make collation ;
and that their presentees may enjoy the
effect of their collations or present
ments to the houses of religion which
be of his advowry, and other benefices
of Holy Church which be pertaining to
the same houses. And if
such patrons do not pre- ££g5£?"
sent to such benefices and on their
within the half year after default by the
such voidances, nor the ' g-
bishop of the place do not give the same
by lapse of time within a month after
half a year, that then the king shall

26

ANGLO-SAXON DOOMS

have thereof the presentments and col
lations, as he hath of other of his own
rr... it-„» advowry. And in case that
The penalties ' .
for disturb- the presentees ot the king,
ance by pro. or the 'presentees of other
Vls0rs' patrons of Holy Church or
of their advowees, or they to whom the
king, or such patrons or advowees afore
said, have given benefices pertaining to
their presentments or collations, be dis
turbed by such provisors, so that they
which be in possession of such benefices
be impeached upon their said pos
sessions by such provisors ; then the
said provisors, their procurators, exe
cutors, and notaries, shall be attached by
their body, and brought in to answer ;
and if they be convict,
o7con™i. they shall abide in prison
without being let to main
prise or bail, or otherwise delivered, till
that they have made fine and ransom to
the king at his will, and gree to the
party that shall feel himself grieved.
And nevertheless before that they be
delivered, they shall make full renun-
Renunciation elation and find sufficient
and surety surety that they shall not
against future attempt such things in
attempts. ,.
* time to come, nor sue any
process by them, nor by other, against
any man in the Court of Rome, nor in
any part elsewhere, for any such im
prisonments or renunciations, nor any
other thing depending on them.
And in case that such pro-
ouTlawryf visors, procurators, execu
tors, 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 in
what parts they be found, as well at the
king's suit as at the suit of the party,
The king shall and that in the mean time
have imme. the king shall have the
diate profits, profits of such benefices so
occupied by such provisors, except
abbeys, priories, and other houses which
have colleges or convents ; and in such
houses the colleges and convents shall
have the profits, saving always to our
lord the king, and to all other lords
Commence- their old right. And this
ment of this statute shall have place as
Act* well of reservations, colla
tions, and provisions made and granted
in times past against all them which
have not yet obtained corporal posses
sion of the benefices granted to them by
the said reservations, collations, and pro- j

visions, as against all other in time to
come. And this statute oweth to hold
place and to begin at the said Utas.

27th EDW. III.
A STATUTE AGAINST ANNULLERS OF JUDG
MENTS OF THE KING'S COURT, MADE IN
THE TWENTIETH TEAR.
Statute the First.
Our lord the king, by the assent and
prayer of the great men, and the Com
mons of his realm of England, at his
great council holden at Westminster, the
Monday next after the feast of St.
Matthew the Apostle, the twenty-
seventh year of his reign in England,
and France the fourteenth, in amend
ment of his said realm, and maintenance
of the laws and usages, hath ordained
and established these things under
written. First, because it is showed to our lord
the king, by the grievous and clamorous
complaints of the great men and Com
mons aforesaid, how that divers of the
people be, and have been drawn out of
the realm to answer things whereof the
cognisance pertaineth to the king's
court; and also that the judgments
given in the same court be impeached
in (another court), in prejudice and
disherison of our lord the king, and of
his crown, and of all the people of his
said realm, and to the undoing and de
struction of the common law of the
same realm at all times used ; where
upon, good deliberation had with the
great men and other of his said council,
it is assented and accorded by our lord
the king, and great men and the Com
mons aforesaid, that all
people of the king's lige- ^"gf
ance, of what condition that court for mat-'
they be, which shall draw 'ers cognisable
. i> ., i .in the king's
any out ot the realm in court, or ques-
plea, whereof the cognis- tioning else-
ance pertaineth to the where the
i - , ,. , . judgments of
king s court, or of things the king's
whereof judgmentsbe given court, shall
in the king's court, or which j^tn" warn-
do sue in (any other court) ing to answer
to defeat or impeach the foj^such con-
judgments given in the emp "
king's court, shall have a day containing
the space of two months, by warning to
be made to them in the place where the

AND OTHER RECORDS.

27

possessions be which be in debate, or
otherwise where they have lands or
other possessions, by the sheriffs or other
the king's ministers, 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 jus
tices which to the same shall be de
puted, to answer in their proper persons
to the king, of the contempt done in
Onnon-ap- this behalf; and if they
pearance they come not at the said day
shall be out- ;n their person to be at the
lawed, forfeit , ,. r ,, ,.
their lands law, they, their procura-
and goods, and tors, attornies, executors,
be imprisoned. notarieSj and maintainors,
shall from that day forth be put out of
the king's protection, and their lands,
goods, and chattels forfeit to the king,
and their bodies, wheresover they may
be found, shall be taken and imprisoned,
and ransomed at the king's will : and
upon the same a writ shall be made to
take them by their bodies, and to seize
their lands, goods, possessions into the
king's hands ; and if it be returned that
they may not be found, they shall be
put in exigent and outlawed.
Provided always, that at what time
they come before they be
comingCm be- outlawed, and will yield
fore outlawry, them to the king's prison
ceived6 ™" to be justified by the law,
and to receive that which
the court shall award in this behalf,
that they shall be thereto received ;
the forfeiture of the lands, goods and
chattels abiding in their force, if they
do not yield them within the said two
months as afore is said.

38th EDW. III.
Statute the Second.
To nourish love, and peace, and con
cord between Holy Church, and the
realm, and to appease and cause to cease
the great hurt, perils, and importable
losses and grievances that had been done
and happened in times past, and that
shall happen hereafter, if the thing from
henceforth be suffered to pass, because of
personal citations, and other that be past
before this time, and commonly doth
pass from day to day out of the Court
of Rome by feigned and false sugges

tions and propositions against all man
ner of persons of the realm, upon causes,
whose cognisance and final discussing
pertaineth to our lord the king and his
royal court ; and also of The severa,
impetrations and provisions enormities of
made in the said Court of citations and
Rome, of benefices and SonTKne-
offices of the Church, per- Sees obtained
taining to the gift, presen- from Kome-
tation, donation, and disposition of our
said lord the king and other lay patrons
of his realm, and of churches, chapels,
and other benefices appropriated to (ca
thedral churches) abbeys, priories, chan
tries, hospitals, and other poor houses,
and of other dignities, offices, and bene
fices occupied in times past and present
by divers and notable persons of the
said realm : for the which causes, and
the dependants thereof, the good ancient
laws, customs, and franchises of the said
realm have been and be greatly im
peached, blemished, and confounded,
the crown of our lord the king abated,
and his person very hardly and falsely
defamed, the treasurer and riches of his
realm carried away, the inhabitants and
subjects of the realm impoverished and
troubled, the benefices of the Church
wasted and destroyed, divine service,
hospitalities, alms, deeds, and other
works of charity (withdrawn and set
apart), the great men, commons, and
subjects of the realm in body and goods
damnified : our sovereign lord the king,
at his Parliament holden at Westmin
ster in the Ulas of St. Hilary, the
thirty-eighth year of his reign, having a
regard to the quietness of his people,
which he chiefly desireth to sustain in
tranquillity (and peace), to govern ac
cording to the laws, usages, and fran
chises of his land, as he is bound by his
oath made at his coronation, following
the ways of his progenitors, for their
time made good ordinances and provi
sions against the said grievances and
perils, which ordinances and provisions
and all the other made in his time, and
especially in the twenty-fifth and twenty-
seventh year of his reign, our sovereign
lord the king, by the assent and express
will and concord of the dukes, earls,
barons, and the commons of his realm,
and of all other whom these things
toucheth by good and (mete) delibera
tion and avisement, hatb approved, ac
cepted, and confirmed, saving the estate
of the prelates and other lords of the

28

ALGLO-SAXON DOOMS

realm, touching the liberty of their
bodies, so that by force of this statute
their bodies be not taken, joining to the
Persons ob- same.' hath provided and
tainingorpur- ordained, that all they
chasing cita- which have obtained, pur-
tionsorbene- , , , ,
fices from the chased, or pursued, such
Court of personal citations or other
Rome, m times past, or hereafter
shall obtain, purchase, or pursue such
like, against him or any of his subjects,
and also all they that have obtained or
shall obtain in the said court, deaneries,
archdeaconries, provisties, and other dig
nities, offices, chapels, or benefices of
Holy Church, pertaining to the colla
tion, gift, presentation, or disposition of
our said sovereign the lord the king, or
of other lay patron of his said realm;
and also all like persons, obtainers of
churches, chapels, offices, or benefices of
Holy Church, pensions, or rents amor
tised and appropried to churches cathe
dral or collegial, abbeys, priories, chan
tries, hospitals, or other poor houses, be
fore that such appropriations and amor-
tisements be void and adnulled by due
process ; also they which have obtained
in the same court, dignities, offices,
hospitals, and any benefices of churches
which be occupied at this present season
by reasonable title by any persons of the
said realm, if such impetrations be not
fully executed, or shall obtain hereafter
like benefices, whereby prejudice, da
mage, or impeachment hath or may be
done hereafter to him or his said sub
jects, (in) persons, heritages, possessions,
rights, or (any goods) or to the laws,
usages, customs, franchises, and liberties
of his said realm and of his crown ; also
all their maintenours (con
cealers), abettors, and other
aiders and fautours, wit
tingly, as well at the suit of the king as
of the party, or other whatsoever he be
of the realm, finding pledges and surety
to pursue against them ; in this case all
the said persons defamed and violently
suspect of such impetrations, pursuits,
Shall bear- or grievances (by suspec-
rested, and tion), shall be arrested and
held to bail, taken by tbe sheriffs of the
places and justices in their sessions,
deputies, bailiffs, and other the king's
ministers ; by good and sufficient main
prise, replevin, bail, or other surety, the
shortest that may be, (and) shall be
presented to the king and his council,
there to remain and stand to right, to

And their
abettors,

receive .what the law will Andonco„.
give them ; and if they be viction shall
attainted or convict of any ^(.P"^Uhe,'1'
of the said things, they tne statute"
shall have the pain com- 25 Edw. 111.
prised in the statute made s-5. c. 22.
in twenty-fifth year of the reign of our
sovereign lord the king, which begin-
neth (Whereas late in the Parliament),
&c. Item, If any person defamed or sus
pect of the said impetra- jj_
tions, prosecutions, or griev- Suspected
ances or enterprises, be out Persons not
,,, , - e .... , appearing
ot the realm or within, and after warning,
may not be attached or shall incur the
. . ¦ iU • penalty of the
arrested n their proper statute 27
persons, and do not pre- Edw. III. ¦. ],
sent them before tbe king c' '•
or his council, within two months next
after that they be thereupon warned in
their places, if they have any, in any of
the king's courts, or in the counties, or
before the king's justices in their ses
sions, or otherwise sufficiently, to an
swer to the king and to the parly (to
stand) and be at the law in this case
before the king and his council, shall
be punished by the form and manner
comprised in the statute made in the
said seven-and-twentieth year of this
king's reign, which beginneth " Our
sovereign lord the king by the as
sent, &c," and otherwise, as to the king
and his council shall seem to be done,
without any grace, pardon, Nopardo„
or remission to be made by without con-
the king without the will s™ttofr*ved
and assent of the party,
which shall prove him to be grieved,
and without making to him due satis
faction in this case.
Item, It is accorded, that none other
subject of the said realm,
keeping and sustaining 0nly offenders
these ordinances, shall in- specified shall
cur any forfeiture of life incur any for-
¦3 , - , . „ feiture under
and member, of lands, of this ordinance.
heritage, nor of goods
against the king, nor none other person,
nor lose estate nor favour because of
the said things ordained ; nor his heirs
may not nor ought not to be reproved,
defamed, nor impeached by any of the
said causes at any time hereafter. And
if any person, of whatsoever estate or
condition that he be, by any manner
attempt or do any thing against the said
ordinances, or any thing comprised in
them, the same person shall be brought

AND OTHER RECORDS.

29

to answer in the manner as is aforesaid,
and if he be thereupon attainted or
convict, he shall be put out of the king's
protection, and punished after the form
of the said statute made the twenty-
seventh year.
Item, If any person maliciously or
falsely make any pursuit
Pena'ty'on against any person of the
persons mali- said realm, for cause com-
ciousiy prose- prised in these present or-
cuting under V , \ « ,.
this ordinance. dinances,_ and thereof be
duly attainted, such plain
tiff shall be duly punished at the ordi
nance of the king and his council ; and,
nevertheless, he shall make gree and
amends to the party grieved by his
pursuit. And to the intent that the
said ordinances, and every of the same,
for the (ease, quietness, and wealth of
the commons), be the better sustained,
executed, and kept ; and that all those
that have offended, or shall offend
against these ordinances, by prosecu
tions, accusations, denunciations, cita
tions, or other process made or to be
made out of the said realm or within,
or otherwise against any manner of
person of the said realm, be the more
convenably and speedily brought in an
swer, to receive right according to their
desert ; the king, the prelates, dukes,
All people earls> barons, nobles, and
shall assist in (other) commons, clerks,
enforcing this and lay-people be bound
ordinance. , ., ¦ . .-
by this present ordinance
to aid, comfort, and to counsel the one
the other ; and as often as shall need,
and by all the best means that may be
made of the word and of the deed, to
impeach such offenders, and resist (their
deeds and) enterprises, and without
suffering them to inhabit, abide, or pass
(by) their seignories (possessions), lands,
jurisdiction, or places; and be bound to
keep and defend the one the other from
all damage, villany, and reproof, as
they should do their own persons, and
for their deed and business, and by such
manner, and as far forth, as such pro
secutions or process were made or at
tempted against them in especial (ge
neral), or in common.

3d RICHARD II.
OF THE STATUTE MADE AT WESTMINSTER
IN THE THIRD YEAR J INROLLED.
(At the Parliament holden at West
minster, the Monday next ¦ after the

Feast of St. Hilary, the third year of
King Richard the Second), of the assent
of the Lords and other in the same Par
liament, (our said Lord hath) caused to
be made certain statutes and ordinances
in the form following ; —
First, It is ordained and established,
that Holy Church have and j.
wholly enjoy her fran- Liberties of
chises and liberties, by the ^l^o)
manner as she hath had ihe realm eon-
and enjoyed them in the Armed.
time of the king's noble progenitors ;
and that the good laws and customs of
the realm, and the statutes made before
this time, and not repealed, be holden
and firmly kept and put in due exe
cution. Item, because that our lord the king
bath perceived, as well by the com
plaints of his faithful liege people (and
by their clamour by) divers petitions
the-eof delivered in divers Parliaments
before this, time, as otherwise by the
perfect knowledge and experience of the
deed, how the churches cathedral and
collegial, abbeys, and priories, and other
benefices of his realm, which were late
founden, and richly endowed by his noble
progenitors, in which divers dignities,
offices, personages, canonries, prebends,
and other benefices, were solemnly and
devoutly ordained and established of
the assent of the foresaid progenitors of
the king, and of other their noble
founders, which did. give
to the said pastors of the fo?™™ "£*,
same churches, abbeys, benefices were
priories, and of other great given to spi-
places, the advowsons of r,tual persons-
he same benefices, to the intent that
the same benefices should be given to
honest and meet persons of the realm,
to serve and honour God diligently,
and also to keep hospitality, and to in
form and teach the people, and to do
other worthy things pertaining to the
cure of souls,, after the IncoIn,e.'
estate and quality of the nienccs of
said benefices : and so was giving bene.
it done in all times past tees t0 aliens-
after the foundation of the same, till
now of late, that by the informations,
instigations, and procurements of some
of the king's liege people, the same
benefices have been given against the
will of the founders, to divers people
of another language, and of strange
lands and nations, and sometime to the
utter enemies of the king and of his

30

ANGLO-SAXON DOOMS

realm, which never made residence in
the same, nor cannot, may not, nor will
not in such wise bear and perform the
charges of the same benefices, as in
hearing confessions, preaching, nor
teaching the people, keeping hospitality,
nor accomplishing the other things ne
cessary to the governance of the same
benefices ; but only thereof (have) and
take the emoluments and temporal
profits, not having regard to the spiritual
cure nor to other charges to the same
benefices pertaining or belonging ; but
manifestly suffer the noble buildings in
old times there made, when the same
benefices were occupied by English
men, wholly to fall to decay, whereby
the divine service is greatly minished,
the cure of souls neglected and left, the
clergy enfeebled, the treasure of the
said realm carried to the hands of aliens,
and all the estate of the Holy Church
brought to less reverence than before it
was wont to be ; and though that in the
_ time of the said grandfather
Former . ,. °
statutes not certain ordinances, statutes,
effectual. and compositions were
made and affirmed, wholly to put out, or,
at least, to restrain the said mischiefs
in this behalf; nevertheless, the said
aliens, not having regard to the same,
do not refrain to take and receive such
benefices within the said realm, but by
the comfort, aid, and great succour
which they have had of the king's liege
people, that be their fermours, pro
curators, and attornies in this behalf
(and) in every part of the said realm,
do enforce themselves from day to day
more and more (to accept) the greatest
dignities and benefices within the said
realm, and by divers cautelous manners,
.much prejudicial to the said realm if
that were suffered, whereby the said
mischiefs do daily increase, and much
more will increase, if due remedy be
not sooner provided : our lord the king,
NT h 11 by the advice and common
administer or assent of all the lords tern.
.farm benefices poral being in this parlia-
a"ieEnnsg;'™drf0r ment,_ hath ordained and
established, that none of
the king's liege people or
other person, of whatso
ever estate or condition
that he be, shall not take
nor receive within the same
king's licence, realm of England, procu
racy, letter of attorney, nor ferm nor
other administration by indenture, nor

shall send
money to
aliens out of
such benefices
by bill of ex
change or
otherwise,without the

in any other manner whatsoever, of any
person of the world, of any benefice
within the said realm, but of only of the
king's liege people of the same realm,
without the special grace and express
licence of our lord the king, by the ad
vice of his council ; and if any before
this time have accepted of any aliens,
such procuracies, ferms, or administra
tion, that shall utterly leave them
within forty days after publication of
this ordinance ; and that none of the
said liege people, nor other that may be
found in the said realm, shall convey by
virtue of such procuracy, ferm, or ad
ministration, gold, silver, nor other
treasure, nor commodity out of the said
realm, by letter of exchange, by mer
chandise, nor in other manner, to the
profit of the said aliens, without like
licence of the king by the advice of his
said council, and if any do the contrary,
in any point contained in this ordi
nance, he shall incur the „
, . , Under the
pain and punishment con- penalties of
tained in the Statute of statute
Provisors, made in the f ^"j.111
time of the king's grand
father, the seven-and-twentieth year of
his reign, by the same process com
prised in the said statute,
and by warning to be made *So(fcl,d.
to them in their benefices, ers out of the
or other their possessions realm, to an-
within the realm ; and if year#
they be out of the said
realm, and (not beneficed, not having
possession) within the same realm where
they may be warned, then a writ shall
be made in the chancery grounded upon
this ordinance to the sheriff of London,
or to the sheriff of the county in which
they were or shall be born, at the king's
suit, returnable in the one bench or the
other, by Vhich writ it shall be com
manded, that proclamation be made
openly, that they appear before the jus
tices in the bench where the writ is
returnable at a certain day comprised in
the same writ, containing the space of
half a year, to answer upon the matters
comprised in the same writ ; and after
this writ returned, the justices shall
proceed against them according to the
ibrtn above ordained ; and it is (assented)
by the king in the same NobishoPi&c.
parliament, by the assent shall meddle
aforesaid, that no bishop, bysequestra-
nor other person of Holy Writes given
Church through the realm, to aliens.

AND OTHER RECORDS.

31

shall meddle by way of sequestra
tion, nor in any other manner with the
fruits of such benefices given or to be
given to the said aliens, to the profit of
the same aliens, upon the peril that
belongeth. (Dated, &c.)
And therefore we command you,
that the said statutes you do cause to be
proclaimed and published in the notable
place within your Bailiwick, and the
the same to be firmly kept and ob
served according to tbe form thereof.
Given under the witness of our Great
Seal at Westminster, the twelfth day of
March, in the third year of our reign. .

7th RICHARD II.
Item, Whereas late in the Parliament
XIT holden at Westminister, the
Stat. 3 Kich. third year of our said lord
I.l/9- a re_ the king, at the request of
the Commons, and by the
assent of the Lords Temporal, it was
ordained and assented, and upon a grie
vous pain prohibited, that no subject of
the king or other person, of what estate
and condition he were, should take,
neither receive from henceforth, within
the realm of England, procuracy, letter
of attorney, ne ferm, nor any other ad
ministration by indenture, or in any
other manner, of any person concerning
any benefice of holy Church within the
realm, but only of the king's subjects
of the same realm, without
extnendeddtond the esPecial grace and ex-
aliens holding press licence of our said
benefices in ford the king, upon a cer-
£»£" tain pain contained in the
liable to the said statute ; it is assented
E£nJJl.tieST0£ and agreed by the same
25 Edw. III. r> j
s.5. c. 22. lords, that the same statute
shall keep his force and
effect in all points ; and, moreover, it is
assented, that if any alien have pur
chased, or from henceforth shall pur
chase any benefice of Holy "Church,
dignity, or other thing, and in his proper
person take possession of the same, or
occupy it himself within the realm,
whether it be to his own proper use or
to the use of another, without especial
licence of the king, he shall be comprised
within the same statute ; and, more
over, shall incur all pains and forfeitures
in all points as before ordained by
another statute made the five-and-
twentietb year of the noble King Ed

ward III , grandfather to our lord the
king that now is, against them that
purchase provisions of abbeys or priories;
and to the intent that such
licences shall not be from i&nc^tn,
henceforth made, the king contrary shall
willeth and commandeth not be asked
to all his subjects and other,
that they shall abstain them from hence
forth to pray him for any such licence to
be given ; and also the king himself
will refrain to give any such licence dur
ing the wars, except to the Cardinal of
Naples, or to some other special person
to whom the king is beholden for a
special cause.

12th RIC. II., c. 13—16.
Item, That no liege-man of the king, of
what estate or condition xv
that he be, great or little, Provisors of
shall pass over the sea, nor benefices be-
send out of the realm of Jiaredoutof
England by licence, nor the king's
without licence, without protection, &c.
special leave of the king himself, to
provide or purchase for him benefice of
Holy Church, with cure or without
cure in the said realm ; and if any do,
and by virtue of such provision accept
by (him), or by any other, any benefice
of the same realm, that at that time the
same provisor shall be out of the king's
protection, and the same benefice void,
so that it shall lie lawful to the patron
of the same benefice, as well spiritual
as temporal, to present to the same an
able clerk at his pleasure.

13th RIC. II., 5. 2. c. I, 2.
Item, Whereas the noble King Edward,
grandfather to our lord the TI
king that now is, at his Effect of the
ParliamenthoIdenatWest- £?£{<*
minister, at the Utas of the gtat- 4 con-'
Purification of our Lady, cerningpro-
the five-and-twentieth year vUors recited-
of his reign, caused to be rehearsed the
statute made at Carleil in the time of
King Edward, son of King Henry,
touching the estate of the Holy Church
of England ; the said grandfather of
the king 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

32

ANGLO-SAXON DOOMS

free elections of archbishoprics, bishop
rics, 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 colla
tions and presentments ; and thereupon a
certain punishment was ordained in the
same statute for them which accept any
benefice or dignity contrary to the said
statute made at Westminister the said
twenty-fifth year, as afore is said ; which
statute our lord the king hath caused to
be recited in this present Parliament,
the tenor whereof is such as hereafter
followeth : —
" Whereas, late in the Parliament of
Tenourofthe S?od ™e™ory of Edward,
said recited king of England, grand-
S,aS?Jte' ,t, father to our Lord the
25 Edw. III. , . ., . . ., „
king that now is, the hve-
.and-thirtieth year of his reign, holden at
Carlisle, the petition heard, put before
the said grandfather and his council in
his said Parliament by the commonalty
of the said realm, containing, that
whereas the Holy Church of England
was founded in the estate of prelacy,
.within the realm of England, by the
Recital of pro- said grandfather and his
ceedings in progenitors, and the earls,
Parliament, barons, and other nobles of
35 Edw. I. , . ., , , ., .
his said realm, and their
ancestors, to inform them and the people
of the law of God, and to make hos
pitalities, alms, and other works of
charity, in the places where the churches
. . were founded, for the souls
purepos'e8or "the of the founders, their heirs
possessions and all Christians; and cer-
giyen to the ta;n possessions, as well in
Church. „ r , ' .
fees, lands, rents, as in ad
vowsons, which do extend to a great
value, were assigned founders to the
prelates and other people of the Holy
Church of the said realm, to sustain the
same charge, and especially of the pos
sessions which were assigned to arch
bishops, bishops, abbots,
P\ese„ntmena«sd P™rs' religious, and all
of benefices other people of Holy
belong to the Church, by the kings of the
great men. sa'd realm,earls,baions, and
other great men of his
realm; the same kings, earls, baronsj

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 The Pope be-
, . , ., -i stoweth spi-
prelacies ; and the said ritual livings
kings in times past were up°n aliens
wont to have the greatest EngS!'"8"1
part of their council, for
the safeguard of the realm, when they
had need of such prelates and clerks
so advanced ; the Pope of Rome accroch-
ing to him seignories of such posses
sions and benefices to aliens, which did
never dwejl in England, and to cardinals,
which might not dwell here, and to other
as well aliens as denizens, as if he had
been patron or advowee of the said
dignities and benefices, as he was not of
right by the law of England ; whereby
if they should be suffered,
there should scarcely be The inconve-
any benefice within a short m|ThereoT"
time in the said real m, 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 num
ber should be carried out of the realm,
in adnullation 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 destruction of
the laws and rights of his realm, and to
the great damage of his people, and in
subversion of all the estate of his said
realm, and against the good disposition
and will of the first founders; by the
assent <rf the earls, barons, and other
nobles, and of all the said commonalty,
at their instances and requests the da
mage and grievance afore considered, in
the said full Parliament, it
was provided, ordained, and In tne ,Pal'ja"
.. i t i- j ., . i ., ment 35 Edw.
established, that the said i#i provision
oppressions, grievances, and was made
damages in the same realm af£nst such
from henceforth should not
be suffered in any manner. And now it
is showed to our lord the king in this

AND OTHER RECORDS.

33

present Parliament holden at West
minster, at the Utas of the Purification
of our Lady, the five-and-twentieth year
of his reign of England, and of France
the twelfth, by the grievous complaints
of all the Commons of his realm, that
the grievances and mischiefs do daily
abound, to the greater damage and de
struction of all this realm more than
The Pope ever were before, viz., that
giveth the now of late our holy father
the^Church the Pope' by Procuremen'
and reserveth of clerks and otherwise,
the first fruits hath reserved and doth
to mmself. da;,y reserv8 to his coI.
lation generally and especially, as
well archbishoprics, bishoprics, ab
beys, and priories, as all other dig
nities, and other benefices of England,
which Jbe of the advowry of people of
Holy Church, and doth give the same
as well to aliens as to denizens, and
taketh 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 ; and also by such privy reserva
tions many clerks advanced in this realm
by their true patrons, which have peace
ably holden their advancement by long
time, be suddenly put out : whereupon
the said Commons have prayed our lord
the king, that sith 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 Parlia
ment, thereof to make remedy and law
for the voiding of the mischiefs and
damages which thereof ensue, that it
may please him thereupon to ordain
The causes remedy. Our lord the king
and reasons of seeing the mischiefs and
making this damages afore-mentioned,
and having regard to the
said statute made in the time of his said
grandfather, and to the causes contained
in the same; which statute holdeth
always his force, and was never defeated
nor adnulled in any point, and by so
much as he is bounden by his oath to
cause the same to be kept as the law of
his realm, though by suffrance and neg
ligence it hath been sithence 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 mis
chiefs 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, ani profit of the said Church
of England, and of all his realm,
hath ordained and stab- .
lished, That the free elec- bishops and
tions of archbishops, °'h.ir dJRnltie*
, . , J , ,, ,, £ ' of the Church
bishops, arid all other dig- shall be free,
nities and benefices elec- as,*aLwer0
tive in England, shall
hold from henceforth in the manner as
they were granted by the king's pro
genitors, and the ancestors of other
lords, founders of the said dignities
and other benefices. And that all
prelates and other people collations and
of Holy Church, which presentations
have advowsons of any shallbefree-
benefices of the king's gift, or of any of
his progenitors, or of other lords and
donors, to do divine services, and
other charges thereof ordained, shall
have their collations and presentments
freely to the same, in the manner as
they were enfeoffed by their donors.
And in case that reservation, colla
tion, or provision be made h
by the Court of Rome, of pope maketh
any archbishopric, bish- S'ov-!io"f'?ha
opric, dignity, or other church, the
benefices in disturbance of kins sh*n
the elections, collations, or
presentations aforenamed, that at the
same time of the voidance, when suck
reservations, collations, and provisions
shall take effect, our lord the king
and his heirs shall have and enjoy for
the same time the collations to the
archbishoprics, bishoprics, and other
dignities elective which be of his ad
vowry, such as his progenitors had,
before that free election was granted,
seeing that the election were first
granted by the king's progenitors upon
a certain form and condition, as to
demand licence of the Mng to choose,
and after the election to have his royal
assent, and not in other manner; which
conditions not kept, the thing ought by
reason to resort to his first nature :
And if ami such reserv- . „„„„,, .
J &. . 77 So in cases of
ation, provision, or colla- provision to
tion be made of any house religious

st

ANGLO-SAXON DOOMS

houses, or to 0y religion of the king's
theadvowson advowry, in disturbance
of the clergy, of free election, our sove
reign lord the king, and his heirs,
shall have for that time the collation to
give this dignity to a convenient per
son. And in case that collation, re-
. servation, or provision be made by the
Court of Rome of any church, pre
bend, or other benefices, which be of
the advowry of people of Holy Church,
whereof the king is advowee para
mount immediate, that at the same time
of the voidance, at which time the eol
ation, reservation, or provision should
ahe effect as afore is said, the king
and his heirs thereof shall have the
presentment or collation for that time ;
and so from time to time, whensoever
such people of Holy Church shall be
disturbed of their presentments or col
lations by such reservations, collations,
or provisions, as afore is said; saving
to them the right of their
Saving, when advowsons and, their pre-
no provisions, . . 7 ^77
or the parties sentments, when no colla-
themselves f(on or provision of the
presen Court of Rome is thereof
made, or where that the said people of
Holy Church shall or will to the same
benefices present or make collation ;
and that their presentees may enjoy the
effect of their collations or present
ments. And in the same manner every
other lord of what condition that he
be, shall have the collations or pre
sentments to the houses of religion
which be of his advowry, and other
benefices of Holy Church which be
pertaining to the same houses ; and if
such advowees do not
Presentations present to such benefices
and on the'ir within the half year after
default by the SMC/^ voidances, nor the
bishop of the place do not
give the same by lapse of time within
a month after half a year, that then
the king shall have thereof the pre
sentments and collations, as he hath of
other of his own advowry, and in case
The penalties the presentees of the king
fordisturbance or the presentees of other
by provisors. pafrms 0f Holy Church
or of their advowees, or they to whom
the king, or such patrons or other
advowees aforesaid, have given bene

fices 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 be in pos
session of such benefices be impeached
upon their said possessions by suck
provisors, then the said provisors,
their procurators, executors, and nota
ries, shall be attached by their body,
and brought in to answer ; and if they
be convict they shall abide
in prison without being Imprisonment
j.j . . 7 ., on conviction.
let to mainprise, or bail,
or otherwise delivered, till that they
have made fine and ransom to the
king at his will, and gree to the party
that shall feel himself grieved; and
nevertheless before that „
.7 7 T 7. J 7 j7 Renunciation
they be delivered, they and surety
shall make full renuncia- against future
tion, and find sufficient a emp
surety that they shaU not attempt suek
things in time to come, nor sue any
process by them, nor by other, against
any man in the Court of Rome, nor in
any part elsewhere, for any such im
prisonments or renunciations, nor any
other thing depending on them. And
in case that such provi
sors, procurators, ex- ^rff1^ of
ecutors, 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
in what parts they be found, as well
at the king's suit as at the suit of the
party, and that in the mean time the
king shall have the profits „. . .
of such benefices SO OCCU- shall have in-
pied by such provisors, termediate
except abbeys, priories, pro
and other houses, which have colleges
or convents ; and in such houses the
colleges and convents shall have the
profits ; saving always to our lord the
king, and to all other lords, their old
right, and this statute shall have place
as well of reservations, Comme„ce-
collahons, and provisions ment of this
made and granted in times recited s,a'ute-
past against all them which have not
yet obtained corporal possession of the
benefices granted to them by the said
reservations, collations, and provisions,

AND OTHER RECORDS.

35

as against all other in time to come ;
and this statute oweth to hold place
and to begin at the said Utas."
Our lord the king that now is, of
For all bene- tU assent °f the gr™t
rices void after men of his realm, being
theeredteday' ** this Present parliament,
statute shall hath ordained and esta-
cutTon'.'" CXe" U}shed, that for all arch
bishoprics, bishoprics, and
other dignities and benefices elective,
and all other benefices of Holy Church
which (shall begin) to be void in deed
the twenty-ninth day of January, the
thirteenth year of the reign of our
lord King Richard that now is, or
.after, or which shall be void in time to
come within the realm of England,
the said statute made the same twenty-
tifth year shall be firmly holden for
ever, and put into due execution from
time to time in all manner of points ;
AND IF ANT DO ACCEPT OF A BENE-
,, . FICE OF HOLT CHURCH
If any do ac
cept of a bene- CONTRART TO THIS STA-
Jc<\co",r.ary TUTE, AND THAT DULT
to the statute, '
he shall be PROVED, AND BE BETOND
banished the THB SJEA HE shall ABIDE
realm. EXILED AND BANISHED
OUT OF THE REALM FOR EVER, HIS
LANDS AND TENEMENTS, GOODS AND
CHATTELS SHALL BE FORFEIT TO THE
KING ; AND IF HE BE WITHIN THE
REALM, HE SHALL BE ALSO EXILED
AND BANISHED AS AFORE IS SAID, AND
SHALL INCUR THE SAME FORFEITURE,
AND TAKE HIS WAT, SO THAT HE
BE OUT OF THE REALM WITHIN SIX
WEEKS NEXT AFTER SUCH ACCEPTA
TION ; AND IF ANT RECEIVE SUCH PER-
...... SON BANISHED COMING
And also the
receivers, pro- FROM BETOND THE SEA,
curators, &c. QR BEING WITHIN THE
of offenders. REALM AFTER THE SAID
SIX WEEKS, KNOWING THEREOF, HE
SHALL BE ALSO EXILED AND BANISH
ED, AND INCUR SUCH FORFEITURE AS
AFORE IS SAID ; AND THAT THEIR PRO
CURATORS, NOTARIES, EXECUTORS,
AND SUMMONERS HAVE THE PAIN AND
FORFEITURE aforesaid. Provided
nevertheless, that all they
benefices8 void, to whom (the Pope of
and inducted Rome) or his predeces-
day named.6 sors ^ave provided any
archbishopric, bishopric,

or any other dignity, or other bene
fices of Holy Church, in respect of
any voidance before the said 29th
day of January, and therefore were
in actual possession before the same
29th day, shall have and enjoy the
said archbishoprics, bishoprics, dig
nities and other benefices peaceably
for their lives, notwithstanding the
statutes and (ordinances) aforesaid.
And if the king send by Thepenaltvof
letter or in other manner suing to the
to the Court of Rome, at %$«*?™
me entreaty of any per- purport of this
son, or if any other send statute-
or sue to the same court, whereby any
thing is done contrary to this statute,
touching any archbishopric, bishopric,
dignity, or other benefice of Holy
Church within the said realm, if he
that maketh such motion or suit be a
prelate of Holy Church, he shall pay to
the king the value of his temporalities
of one year ; and if he be a temporal
lord, he shall pay to the king the va
lue of his lands and possessions not
moveable of 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 one year.
And it is the intent of this statute, that
of all dignities and bene
fices of Holy Church, ben'eficeYvo'id
which were void indeed ™. hllt co1-
the said 29th day of Jan- tnedabyf°re
uary, which be given, or named, but
to (whom) it is provided not after-
by (the Pope of Rome) before the
same 29th day, that they to whom such
gifts or provisions be made, may
freely of such gifts and provisions
sue execution without offence of
this statute : provided always, that of
no dignity or benefice which was full
the said 29th day of January, "no man
because of any collatiori, gift, reserva
tion, and. provision, or other grace
papal, not executed before the said
29th day, shall not sue thereof execu
tion, upon the pains and forfeitures
contained in this present statue.
Item, It is ordained and established^
that if any man bring or in.
send within the realm, or Penalty for
, ,. , ' bringing or
the kings power, any sending of

D 2

36

ANGLO-SAXON DOOMS

summons or summons, sentences, or ex-
excommuni- communication against
cation against /• ^Jr nnfn
any for en- omy person of what con-
forcing the dition that he be, for the
oFprovfson! ° cause of (making motion)
assent or execution of the
said statute of provisors, he shall be
taken, arrested, and put in prison, and
forfeit all his lands and tenements,
goods and chattels for ever, and incur
the pain of life and, of member. And
if any prelate make execution of such
summons, sentences, or excommunica
tions, that his temporalities be taken
and abide in the king's hands till due
redress and correction be thereof
made. And if any person of less
estate than a prelate, of what condi
tion that he be, make such execution, he
shall be taken, arrested, and put in
prison, and have imprisonment, and
make fine and ransom by the discretion
of the king's council.
The king to the sheriff of Kent,
greeting. We command you, firmly
enjoining, that certain statutes and
ordinances by us, with the assent of
the nobles and commonalty of our
realm of England, in our last par
liament holden at Westminster, made,
which we send you under our great
seal in form patent, within your
county, in places where it may be most
expedient, without delay you do cause
to be read and publicly on our behalf
to be proclaimed, and to be firmly kept
and observed, according to the form of
the statutes and ordinances aforesaid;
and this on the peril awaiting in no
wise omit. Witness the King at
Westminster the fifteenth day of May.
Like writs are directed to the seve
ral sheriffs throughout England.

16° RIC. II., c. 4, 5.
Item, Whereas the Commons of the
V. realm in this present par-
Recital that Hament have showed to
the remedy to . , , -, , , ,.
recover pre. our redoubted lord • the
sentations to king, grievously complain-
benefices is in ; that wnereas the said
the.kings l j »i i • j n
court, and our lord the king, and all
that the exe- his liege people, ought of
cution thereof • , . ..j u ..: 
is by the right, and old time were
bishops. wont to sue in the king's
court, to recover their presentments to

churches, prebends, and other benefices
of Holy Church, to which they had right
to present, the cognisance of plea of
which (presentment) belongeth 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 England ;
and when judgment shall be given in
the same court upon such a plea and
(presentment) the archbishops, bishops,
and other spiritual persons which, have
institution of such benefices within their
jurisdiction, be bound, and have made
execution of such judgments by the
king's commandments of all the time
aforesaid without interruption, for an
other lay-person (cannot) make such
execution, and also be bound of right to
make execution of many other of the
king's commandments, of which right
the crown of England hath been peace
ably seised, as well in the time of our
said lord the king that now is, as in the
time of all his progenitors till this day :
but now of late divers processes be
made by the (Bishop of That the Pope
Rome) and censures of ex- had awarded
communication upon cer- processes and
..... j, -J-, , -, sentences of
tam bishops of England, excommuni.
because they have made cation against
execution of such com- g^SSS*-
mandments, to the open Judgments
disherison of the saidcrown, |jTen,in tne
and destruction of our and proposed'
said lord the king, his law, to translate
and all his realm, if remedy g^Sl
be not provided. And also or from one i
it is said, and a common living to an-
clamour is made, that the ° er'
said (Bishop of Rome) hath ordained
and purposed to translate some prelates
of the same realm, some out of the
realm, and some from one bishopric
into another within the same realm,
without the king's assent and knowledge,
and without the assent of the prelates,
which so shall be translated, which pre
lates be much profitable and necessary
to our said lord the king, and to all his
realm ; by which translations, if they
should be suffered, the statutes of the
realm should be defeated and made void;
and his said liege sages of his council,
without his assent, and against his will,
carried away and gotten out of his realm,
and the substance and treasure of the
realm shall be carried away, and so the
realm destitute as well of council as of
substance, to the final destruction of the
same realm; and so the crown of

AND OTHER RECORDS.

37

' , ENGLAND, WHICH HATH
The dancer
therefrom to BEEN so FBEE AT ALTl TIMES>
the freedom of that it (hath been in no
the Crown of earthly subjection"), but
England. J
IMMEDIATELY SUBJECT TO
GOD IN ALL THINGS TOUCHING THE RE
GALITY OF THE SAME CROWN, AND TO
NONE OTHER, SHOULD BE SUBMITTED TO
THE POPE, AND THE LAWS AND STATUTES
OF THE REALM BY HIM DEFEATED AND
AVOIDED AT HIS WILL, IN THE PERPETUAL
DESTRUCTION OF THE SOVEREIGNTY OF THE
KING OUR LORD, HIS CROWN, HIS RE
GALITY, AND OF ALL HIS REALM, WHICH
™, god defend. And more-
The promise if c
of the Com- over, the commons atore-
mons to assist said say, that the said things
defencegof"the *> attempted be clearly
liberties of his against the king's crown
crown. anci n;s regality, used and
approved of the time of all his progeni
tors ; whereof they and all the liege
commons of the same realm will stand
with our said lord the king, and his said
crown, and his regality, in the cases
aforesaid, and in all other cases attempted
against him, his crown, and his regality
in all points, to live and to die; and
moreover they pray the king, and him
require by way of justice, that he would
examine all the fords in the parliament,
as well spiritual as temporal severally,
and all the states of the parliament, how
they think of the cases aforesaid ; which
be so openly against the king's crown,
and in derogation of his regality ; and
how they wilt stand in the same cases
with our lord the king, in upholding
the rights of the said crown and regality.
The like pro- Whereupon the lords tern-
mise of the poral so demanded, nave
Lords Tem- answered every one by
poral* himself, that the cases afore
said be clearly in derogation of the
king's crown, and of his regality, as it
is well known, and hath been of a long
time known, and that they will (be)
with the same crown and regality in these
cases specially, and in all other cases
which shall be attempted against the
same crown and regality in all points
with all their power. And moreover it
. was demanded of the lords
offheTords spiritual there being, and
Spiritual pre- procurators of others being
seDt> absent, their advice and will
in all these cases ; which lords, that is to
say, the archbishops, bishops, and other
prelates, being in the said parliament
severally examined, making protestations,

that it is not in their mind to (deny) nor
affirm, that (the Bishop of Rome) may not
excommunicate bishops, nor that he may
make translation of prelates after the law
of Holy Church, answered and said, That
if any executions of processes made in the
king's court, as before, be made by any, and
censures of excommunications (to be) made
against any bishops of England, or any
other of the king's liege people, for that
they have made execution of such com
mandments, and that if any executions of
such translations he made of any prelates
of the same realm, which (prelates) be very
profitable and necessary to our said lord
the king, and to Ms said realm, or that
(the sage people) of his council, without
his assent, and against his will, be re
moved 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 like
wise the same procurators, And of tn
every one by himself ex- proctors of the
amined upon the said mat- *?prds Spi-
, r j j -j ritual absent.
ters, have answered and said
in the name, and for their lords, as the
said bishops have said and answered, and
that the said lords spiritual will and ought
to (be) with the king in these cases (in
lawfully maintaining) of his crown, and
in all other cases touching his crown and
his regality, as they be bound by their
ligeance. Whereupon our said lord the
king, by the assent aforesaid, and at the
request of his said Commons, hath or
dained and established, That if any pur
chase or pursue, or cause .
, . f j j Praemunire for
to be purchased or pursued pUrchasing
in the Court of Rome or translations,
elsewhere, (by any) such *S
translations, processes, and ments from
sentences of excommunica- Rome or else-
• wh ere
tions, bulls, instruments, or
any other things whatsoever which touch
the king against him, his crown, and
his regality, or his realm as is aforesaid,
and they which bring within the realm,
or them receive or make thereof notifica
tion or any other execution whatso
ever within the same realm or without,
that they, their notaries, procurators,
maintainers, abettors, fautors, and coun
sellors shall be put out of the king's
protection, and their lands and tene
ments, goods, and chattels, forfeit 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

38

ANGLO-SAXON DOOMS

council, there to answer to the cases
aforesaid, or that process be made against
them by praemunire facias, in manner
as it is ordained in other statutes'of pro
visors, and other which do sue (in any
other court) in derogation of the re
gality of our lord the king.

nor cause to be disclosed the counsel
nor the secrets of the realm.

1st HENRY 5.,^. 6,7., a.d. 1413.
Item, Whereas in the parliament holden
at Westminster, in the time
Ordtan'ce °f King Richard the Se-
13 Ric. II., re- cond, the thirteenth, year
straining 0f his reign, it was or-
aliens from the , . , i,°. ,- 
holding of be- darned, that none alien
nefices in Frenchman should have or
England con- enjoy any benefice ;„ this
realm for certain (cause),
which might come or happen, but that
they should be delivered and voided (for
ever) out of the realm before a certain
time in the said ordinance limit, as in
the same is plainly contained, and that
at what time that any priories aliens
conventual, or any other benefice or
office due by the king's title, (do void)
by the departing or death of the said
priors and other occupiers, that then
there should be during the wars, honest
English persons put in their place to
(accomplish the) divine service, and
none of the enemies aforesaid ; and not
withstanding the said ordinance, the
said aliens Frenchmen, by evil imagin
ation and brocage to continue the evil
mischiefs of the said ordinance, pur
chase the king's letters patents to be
denizens and the king's liege people,
and swear the same to continue, to the
intent to occupy and enjoy the said
benefices, and so yet occupy many bene
fices against the said ordinance, whereby
(these) aliens Frenchmen be increased,
in destruction of the king's liege people,
and bear away out of the realm great
treasure of (the king's and of the
realm's) ; and tbe king's council dis
close to the (enemies of France), to the
great damage of the king and his realm :
our sovereign ford the king considering
the said mischiefs, will that the said or
dinances be firmly holden and kept, and
put in due execution, except the priors
aliens conventual, and also all other
priors which have institution and induc
tion, so that they be Catholic, and that
they shall not find surety not to disclose

24th HENRY VIII., c. 12., a.d. 1532.
FOR THE RESTRAINT OF APPEALS.
Where by divers sundry old authentic
histories and chronicles, it The pre-
is manifestly declared and eminence,
expressed, that this realm Etty oAne"
of England is an empire, King of Eng-
and so hath been accepted lantl-
in the world, governed by one supreme
head and king, having the dignity and
royal estate of the imperial crown of the
same, unto whom a body politic, com
pact of all sorts and degrees of people,
divided in terms, and by names of spi
rituality and temporality, been bounden
and owen to bear, next to God, a na
tural and humble obedience, he being
also instituted and furnished, by the
goodness and sufferance of Almighty
God, with plenary, whole, and entire
power, pre-eminence, authority, prero
gative, and jurisdiction, to render and
yield justice, and final determination to
all manner of folk, resiants, or subjects
within this his realm, in all causes, mat
ters, debates, and contentions happening
to occur, insurge, or begin within the
limits thereof, without restraint or pro
vocation to any foreign princes or poten
tates of the world, the body spiritual
whereof having power, when The powerj
any cause of the law divine learning, and
happened to come in ques- wisdom of the
,.1 c . .L , , body spiritual.
tion, or of spiritual learn
ing, then it was declared, interpreted,
and shewed by that part of the said
body politic, called the spirituality, now
being usually called the English Church,
which always hath been reputed, and
also found of that sort, that both for
knowledge, and 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 de
clare and determine all such doubts, and
to administer all such offices and duties,
as to their rooms spiritual doth apper
tain, for the due administration whereof,
and to keep them from corruption and
sinister affection, the king's most noble
progenitors, and the antecessors of the
nobles of this realm, have sufficiently
endowed the said Church both with

AND OTHER RECORDS.

39

honour and possessions: and the laws
Power, &c of temPoral, for trial of pro-
the tempo- perty of lands and goods,
ralty. an(i for the conservation of
the people of this realm in unity and
peace, without rapine or spoil, was and
yet is administered, adjudged, and exe
cuted by sundry judges and ministers of
the other part of the said body politic,
called the temporalty; and both their
authority and jurisdictions do conjoin to
gether in the administration of justice,
the one to help the other.
And whereas the king, his most noble
Laws and pro- progenitors, and the no-
visions by for- bility and commons of this
EdwartT'and said realm>. at divers and
III., Richard sundry parliaments, as well
He'narndIV in the time °f K'"S Ed"
against intru- ward the First, Edward
sions of the the Third, Richard the
See of Rome. Secondj Henry the Fourth,
and other noble kings of this realm,
made sundry ordinances, laws, statutes,
and provisions for the entire and sure
conservation of the prerogatives, li
berties, and pre-eminence of the said
imperial crown of this realm, and of
the jurisdiction spiritual and temporal
of the same, to keep it from the annoy
ance as well of the see of Rome, as
from the authority of other foreign po
tentates, attempting the diminution 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
Appeals to and ordinances made in the
Rome, and the time of the king's most
evils thereof. nob]e progeriitoI.Sl in pre
servation of the authority and preroga
tive of the said imperial crown, as is
aforesaid ; yet, nevertheless, sithen the
making of the said good statutes and
ordinances, divers and sundry incon
veniences and dangers not provided for
plainly by the said former acts, statutes,
and ordinances have arisen and sprung
by reason of appeals sued out of this
realm to the see of Rome, in causes
testamentary, cause of matrimony and
divorces, right of tithes, oblations, and
obventions, not only to the great in-
quietation, vexation, trouble, cost and
charges of the king's highness, and
many of his subjects and resiants of this
his realm, but also to the great delay
and let to the true and speedy delermi-
n.ition of the said causes, for so much
as the parties appealing to the said

Court of Rome most commonly do the
same for the delay of justice. And for
asmuch as the great distance of way is
so far out of this realm, so that the
necessary proofs, nor the true knowledge
of the cause, can neither there be so
well known ne the witnesses there so
well examined, as within this 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 and com
mons, considering the great enormities,
dangers, long delays, and hurts, that as
well to his highness as to his said
nobles, subjects, commons, and resiants
of this his realm in the said causes
testamentary, causes of matrimony
and divorces, tithes, oblations, and
obventions do daily ensue, doth
thereof by his royal assent and by
the assent of the lords All testa-
spiritual and temporal, and mentary and
the commons in this pre- ^rs'eT,Zf M
sent parliament assembled, suits for tithes,
and by authority of the oblations &c,
same, enact, establish, ana judged by the
ordain that all causes tes- King's Courts,
tamentary, causes of matri- JP^i*1"*
mony and divorces, rights without re-
of tithes, oblations, and ob- BJJjj '° ™Y
ventions (the knowledge foreign juris-
whereof by the goodness of diction, or any
princes of this realm, and "S^"
by the laws and customs of tion, or inter-.
the same, appertaineth to dict» &c-
the spiritual jurisdiction of this realm),
already commenced, moving, depending,
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, his heirs and suc
cessors, or any other subject or resiants
within the same, of what degree soever
they be, shall be from henceforth heard,
examined, discussed clearly, finally, and
definitively adjudged and determined
within the king's jurisdiction and au
thority, and not elsewhere, in such
courts spiritual and temporal of the
same, as the natures, conditions, and
qualities of the cases and matters afore
said in contention, or hereafter happen
ing in contention shall require, without
having any respect to any custom, use,
or sufferance, in hinderance, let, or pre
judice of the same, or to any other thing
used or suffered to the contrary thereof
4

40

ANGLO-SAXON DOOMS

by any other manner of person or per
sons in any manner or wise, any foreign
inhibitions, appeals, sentences, summons,
citations, suspensions, interdictions, ex
communications, restraints, judgments,
or any other process or impediments of
what natures, names, qualities, or con
ditions soever they be, from the see of
Rome or any other foreign courts or
potentates of the world, or from out of
this realm, or any other the king's do
minions or marches of the same, to the
see of Rome, or to any other foreign
courts or potentates, to the let or im
pediment thereof in any wise notwith
standing. And that it shall be lawful
to the king our sovereign lord, and to
his heirs and successors, and to all other
subjects or resiants within this realm,
or within any of the king's dominions
or marches of the same, notwithstanding
that hereafter it should happen any ex-
commengement, excommunications, in
terdictions, citations, or any other cen
sures or foreign process out of any
outward parts, to be fulminate, pro-
mulged, declared, or put in execution
within this said realm, or in any other
place or places, for any of the causes
before rehearsed, in prejudice, deroga
tion, or contempt of 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 com
modities of all such processes, sentences,
judgments, and determinations done, or
hereafter to be done, in any of the said
courts, spiritual or temporal, as the
cases shall require, within 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 spiritual prelates, pas
tors, ministers, and curates
5ergay7hSd within tl,is realm> and the
administer the dominion of the same, shall
sacraments an(] may use, minister, ex-
and service of j j
the Church, ecute, and do, or cause to
notwithstand- be used, executed, minis-
*££*££" tered, and done all sacra-
penalty of one ments, sacramentals, divine
year's impri- services, and all other
sonment. ,, . .., - ., .1
things within the said
realm and dominions, unto all the sub
jects of the same, as Catholic and Chris
tian men owen to do, any former cita
tions, processes, inhibitions, suspensions,

interdictions, excommunications, or ap
peals, for as touching the causes afore
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 of the said fulminations of any
of the same interdictions, censures, in
hibitions, excommunications, appeals,
suspensions, summons, or other foreign
citations for the causes before-said, or
for any of them, do at any time here
after refuse to minister, or cause to be
ministered, the said sacraments and
sacramentals, and other divine services,
in form as is aforesaid, they 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 make fine and ransom at the king's
pleasure. And it is further enacted by the au
thority aforesaid, that if any
person or persons inhabit- persons "pro-
ing or resiant within this curing process,
realm, or within any of the gg^\8®n"
king's said dominions, or from or to 'the
marches of the same, or any See °C Rome,
, , c shall incur the
other person or persons, of pena}t]es of
what estate, condition, or priemunire,
degree soever he or they ^.'ft'^.
be, at any time hereafter,
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 of foreign
process, inhibitions, appeals, sentences,
summons, citations, suspensions, inter
dictions, excommunications, restraints,
or judgments, of what nature, kind, or
quality soever they may 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,
judgment, or determination bad, 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, com
forters, abettors, procurors, executors,
and counsellors, and every of them, being
convict of the same, for every such de
fault shall incur and run in the same
pains, penalties, and forfeitures, ordained

AND OTHER RECORDS.

41

and provided by the Statute of Provision
and Praemunire, made in the sixteenth
year of the reign of the right noble prince
King Richard the Second, against such
as shall attempt, procure, or make pro
vision to the See of Rome, or elsewhere,
for any thing or things to the derogation,
or contrary to the prerogative or juris
diction of the crown, and dignity of this
realm. And furthermore, in eschewing the
said great enormities, in-
Appeals here- quotations, delays, charges,
after shall be and expences hereafter to
made within i,e sustained in pursuing
tne realm, viz. , , ~
from archdea- such appeals, and foreign
cons to the process, for and concerning
bishops, tne oauses 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 resiants have used to pursue,
provoke, or procure any appeal to the
see of Rome, and in all other cases of
appeals, in or for any of the causes afore
said, 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
archdeacon, or his official, if the matter
or cause be there begun, to the bishop
diocesan of the said see, if in case any of
the parties be grieved. And in like
From the w'se >f •* De commenced
bishops to before the bishop diocesan,
archbishops, Qr his comImssarv, from the
bishop diocesan or his commissary, with
in fifteen days next ensuing the judgment
or sentence thereof there given, to the
archbishop of the province of Canter
bury, 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 or
dered, decreed, and adjudged, according
to justice, without any other appellation
or provocation to any other person or
From arch- persons, court or courts.
deacons to the And if the matter or con-
Arches'Court, tent;on for any 0f the causes
and thence to ., , ,_ u 1
the arch- aforesaid be or shall be
bishop. commenced, by any of the
king's subjects or resiants, before the
archdeacon of any archbishop, or his
commissary, then the party grieved shall
or may take his appeal within fifteen

days next after judgment or sentence
there given, to the Court of Arches or
Audiences, within fifteen days then next
ensuing after judgment or sentence there
given, to the archbishop of the same
province, there to be definitively and
finally determined, without any other or
further process or appeal thereupon to
be had or sued.
A.nd it is further enacted, by the
autnority aforesaid, that all ]v
and every matter, cause, No appeal
and contention now de- *™m arch-
pending, or that hereafter
shall be commenced by any of the king's
subjects or resiants, for any of the
causes 'aforesaid, before any of the said
archbishops, that then the said matter or
matters, contention or contentions, shall
be before the same archbishop where the
said matter, cause, or process shall be
so commenced, definitively determined,
decreed or adjudged, 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 judg
ment, sentence, or decree, otherwise than
is by this act limited and appointed ;
savins always the preroea- „ . . ..
j.- o .1 i.u- i. j Saving for the
tive ot the archbishop and Prerogatives of
church of Canterbury, in Archbishop of
in all the foresaid causes of Canterbury-
appeals, to him and to his successors, to
be sued within this realm, in such and
likewise as they have been accustomed
and used to have hereto- Appea]s in
fore. And in case any cases touching
cause, matter, or contention the king, shall
,,.{., bemadetothe
now depending for the Upper House
causes before rehearsed, or ofConvoca-
any of them, or that here- n*
after shall come in contention for any
of the same causes, in any of the fore
said courts, which hath, doth, shall
or may touch the "king, his heirs or suc
cessors, kings of this realm ; that in all
and every such cases the party grieved,
as before is said, shall or may appeal
from any of the said courts of this
realm, where the said matter, now being
in contention, or hereafter shall come in
contention touching the king, his heirs
or successors (as aforesaid ) shall happen
to be ventilate, 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

42

ANGLO-SAXON DOOMS

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 convocation,
as is aforesaid, appertaining, concerning,
or belonging to the king, his heirs and
successors, in any of these foresaid
causes of appeals, shall stand and be
taken for a final decree, sentence, judg
ment, definition, and determination, and
tbe 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
Persons ap- ,
pealing con- happen any person or per-
trary to this sons hereafter to pursue or
pen'auSof " P™voke any appeal con-
praemunire trary to the effect of this
under stat. 16 act or refuse to obey, exe-
Eic. II. c. S. ' , , ,,''. ¦
cute, and observe all things
comprised within the same, concerning
the said appeals, provocations, and other
foreign process 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 pro
curers, 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 the Second, and
with like process to be made against the
said offenders, as in the same statute
made in the said sixteenth year more
plainly appeareth.

9.5 HEN. VIII., *.d. 1533-4.
Chapter XIX.
An Act for the submission of the Clergy
to the King's Majesty.
Where the king's humble and obe-
Acknowledg- dient subjects the clergy
ment and peti- of this realm of England,
clergywith nave not only acknow-
respect to ec- ledged according to the
clesiastical truth that the convocation
Constitutions, - ' , »wv.<inyii
Sec, and the °r the same clergy is,
examination always hath been, and
of them. ought to be assembled only
by the king's writ, but also submitting

themselves to the king's majesty, have
promised in verba sacerdocii that they
will never from henceforth presume to
attempt, allege, claim, or put in ure, or
enact, promulge, or execute any new
canons, constitutions, ordinances, pro
vincial, or other, or by whatsoever other
name they shall be called in the convo
cation, only 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 be
half: and where divers constitutions,
ordinances, and canons, provincial or
synodal, which heretofore have been
enacted, and be thought not only to be
much prejudicial to the king's preroga
tive royal, and repugnant to the laws
and statutes of this realm, but also over
much onerous to his majesty and his
subjects, the said clergy hath most
humbly besought the king's highness
that the said constitutions and canons
may be committed to the examination
and judgment of his highness, and of
two-and-thirty persons of the king's
subjects, whereof sixteen to be of tbe
upper and nether house of parliament of
the temporalty, 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 ma
jesty, and that such of the said constitu
tions and canons as shall be thought and
determined by the said two-and-thirty
persons, the more part of them, worthy
to be abrogated and adnulled, shall be
abolite 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 : be
it therefore now enacted, _ ,
by authority of this pre- 2ft£K*.
sent parliament, according any constitu-
to the said submission and tioDS a?& in
„„+:,.;  A ., . , , convocation
petition ot the said clergy, with the
that they ne any of them kin8's assent,
from henceforth shall pre- *°'
sume to attempt, allege, claim, or
put in ure any constitutions or ordi
nances, provincial or synodal, or any
other canons, nor shall enact, promulge,
or execute any such canons, constitu
tions, or ordinances provincial, by what-

AND OTHER RECORDS.

43

soever name or names they may be
called in their convocations in time
coming, which alway shall be assembled
by authority of the king's writ unless
the same clergy may have the king's
most royal assent and licence to make,
promulge, and execute such canons,
constitutions, and ordinances, provincial
On penalty of or synodal, upon pain of
fine and impri. every one of the said clergy
sonment. d0ing contrary to this act,
and being thereof convict, to suffer impri
sonment and make fine at the king's will.
And forasmuch as such canons, con-
tj. . stitutions, and ordinances
The king may as heretofore hath been
S2&SS& made by the cler«y °f this
examine for- realm, cannot now, at the
nier canons, session of this present par
se, to approve , . . , r - , r .
or repeal them liament, by reason of short-
with the ness of time, be viewed and
king's assent. examined and determined
by the king's highness and thirty-two
persons to be chosen and appointed ac
cording to the petition of the said clergy
in form above rehearsed : be it therefore
enacted, by authority aforesaid, that the
king's highness shall have power and
authority to nominate and assign at his
pleasure the said two-and-thirty persons
of his subjects, whereof sixteen to be of
the clergy, and sixteen to be of the tem-
poralty of the upper and nether house
of the parliament ; and if any of the
said two-and-thirty persons so chosen
shall happen to die before their full de
termination, then his highness to nomi
nate other from time to time of the said
two houses of parliament, to supply the
number of the said two-and-thirty ; and
that the same two-and-thirty by his
highness so to be named, shall have
power and authority to view, search,
and examine the said canons, constitu
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 abolite, abrogate, and

made frustrate, shall from thenceforth
be void and of none effect, and never be
put in execution within this realm.
Provided alway, that no canons, con
stitutions, or ordinances ,,,
shall be made or put in Nocanoiis,&c
execution within this realm 6nal1 be en-
by authority of the convo- t^ft^ne
cation of the clergy, which king's prero-
shall be contrarient or re- native.
pugnant to the king's prerogative royal,
or the customs, laws, or statutes of this
realm ; any thing contained in this act
to the contrary hereof notwithstanding.
And be it further enacted, by authority
aforesaid, that from the Jv
feast of Easter, which shall No appeals to
be in tbe year of our Lord Rome, or
God 1534, no manner of "ccoXItT
appeals shall be had, pro- stat. 24 Hen.
voked, or made out of this V111' c- la
realm, or out of the king's dominions,
to the Bishop of Rome, nor to the see
of Rome, in any causes or matters hap
pening to be in contention, and having
their commencement and beginning in
any of the (courts) within this realm, or
within any of the king's dominions, of
what nature, condition, or quality soever
they be of; but that all manner of ap
peals, of what nature or condition soever
they be of, or what cause or matter so
ever they concern, shall be made and
had by the parties grieved, or having
cause of appeal, after such manner, form,
and condition 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 sythen the
beginning of this present parliament,
and according to tbe form and effect of
the said statute, any usage, custom, pre
scription, or any thing or things to the
contrary hereof notwithstanding ; and
for lack of justice at or in
any of the courts of the archbishop™
archbishops of this realm, court to the
or in any the king's do- tC0hbaencdee7eVand
minions, it shall be lawful mined by corn-
to the parties grieved to missioncrs to
appeal to the king's ma- bytnekin^
jesty in the king's court of
Chancery, and that upon every sueh
appeal a commission shall be directed
under the great seal to such persons as
shall be named by the king's highness,
his heirs or successors, like as in case of
appeal from the Admiral's Court, to hear
and definitively determine such appeal

44

ANGLO-SAXON DOOMS

and the causes concerning the same,
which commissioners so by the king's
highness, his heirs or successors, to be
named or appointed, shall have full
power and authority to hear and de
finitively determine every such appeal
with the causes and all circumstances
concerning the same ; and that such
judgment and sentence as the said com
missioners 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
v time after the said feast of
Penalty' on Easter, provoke or sue any
suing appeals, manner of appeals, of what
to Rome, &c, . j-.-
praemunire as nature or condition soever
under the stat. they be of, to the said
16 Rich. II. Bishop of Rome or to the
See of Rome, or do procure
or execute any manner of process from
the See of Rome or by authority thereof,
to the derogation or let of the due exe
cution of this act or contrary to the
same, that then every such person so
doing, their aiders, counsellors, and abet
tors, shall incur and run into the dan
gers, pains, and penalties contained and
limited in the act of provision and prae
munire, made in the sixteenth year of
the king's most noble progenitor, King
Richard the Second, against such as sue
to the Court of Rome against the king's
crown and prerogative royal.
Provided always, that all manner of
provocations and appeals,
yi' hereafter to be had, made,
alfpfaces ex^ or taken from the jurisdic-
empt shall be tion of any abbots, priors,
instead ofCtoy' °r heads and governors of
Rome. monasteries, abbeys, priors,
and other houses and places
exempt, in such cases as they are wont
or might afore the making of this act,
by reason of grants or liberties of such
places exempt, to have or make imme
diately 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 provocation, 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 difinitively determined by au

thority of the king's commission in such
manner and form as in this act is above
mentioned ; so that no archbishop nor
bishop of this realm shall intermit or
meddle with any such appeals otherwise
or in other manner than they might
have done afore the making of this act ;
anything in this act to the contrary
thereof notwithstanding,
Provided also, that such canons, con
stitutions, ordinances, and
synods provincial being pra^|'ca.
already made, which be not nons, &c shall
contrarient nor repugnant Jeraai" }n
to the laws, statutes, and viewed.
customs of this realm nor
to the damage or hurt of the king's pre
rogative royal, shall now 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 determined by the said two-
and-thirty persons, or the more part of
them, according to the tenor, form, and
effect of this present act.

26 HEN. 8., u. 1., a. d. 1534.
Chapter I.
An act containing the King's Highness
to be supreme head of the
Church of England, and T.h?,H!ng
, . • shall be re.
to have authority to re- puted supreme
form and redress all errors head of tbe
and heresies and abuses in England°and
the same. shall correct
Albeit the King's Ma- all heresies
..... j • , ur n anii offences.
jesty justly and rightfully
is and ought to be the supreme head
of the church of England, and so is re
cognised by the clergy of this realm in
their convocations ; 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, here
sies, and other enormities and abuses
heretofore used in the same, be it enacted
by authority of this present parliament,
that the king our sovereign lord, his
heirs, and successors, kings of this
realm, shall be taken, accepted, and re
puted the only supreme head in earth of
the Church of England, called Angli-
cana Ecclesia, and shall have and enjoy
annexed and united to the imperial
crown of this realm, as well the title and
style thereof, as all honours, dignities,
pre-eminences, jurisdiction, privileges,

AND OTHER RECORDS.

45

authorities, immunities, profits, and
commodities to the said dignity of su
preme head of the same church belong
ing and appertaining : and that our said
sovereign lord, his heirs and successors,
-kings of this realm, shall have full
power and authority from time to time
to visit, repress, redress, reform, order,
correct, restrain, and amend all such
errors, heresies, abuses, offences, con
tempts, and enormities whatsoever they
be, which by any manner, spiritual
authority, or jurisdiction, ought or may
lawfully be reformed, repressed, ordered,
redressed, corrected, restrained, or
amended, most to the pleasure of Al
mighty God, the increase of virtue in
Christ's religion, and for the conserva
tion of peace, unity, and tranquillity of
this realm ; any usage, custom, foreign
laws, foreign authority, prescription, or
any other thing or things to the contrary
hereof notwithstanding.

Stat.

28 HENRICI 8.,
a. u. 1 5SG.

16.

A Provision for Dispensations and
Licences heretofore obtained from the
See of Rome.
" Where the Bishop of Rome and his
predecessors, of his and their covetous
and ambitious minds, to the intent to
advance and enrich themselves and the
See of Rome, to the great impoverishing
of this realm of England, and other the
king's dominions, contrary to God's laws,
the laws and statutes of this realm, and
in derogation of the imperial crown of
this said realm, have hereto-
2 Roll. 461. fore wror)gfully pretended,
extorted, used, and exercised within the
same divers and many usurped powers,
jurisdictions, and authorities, during and
by the which time the said bishop and
his predecessors arrogantly and unjustly
have taken upon them, for great sums of
money, and other profits to them given,
to grant unto the king's subjects, and
other inhabitants within this realm and
other the king's dominions, many, divers,
and sundry authorities, immunities, fa
culties, privileges, licences, indulgences,
and pre-eminences, of divers kinds, na
tures, and qualities, which, although
they proceeded by an unjust and usurped
authority, have been, until now of late,
by the subjects of this realm, timorously
and ignorantly accepted, received, used,
and erroneously put in exercise and exe

cution ; the which usurped authority,
jurisdiction, and power, is now justly,
truly, and ought to be clearly and abso
lutely extinguished, extirped, and abo
lished, within this realm, and other the
king's dominions ; and forasmuch as all
and every such person and persons,
bodies politick and corporate, which
unlawfully, and without any manner of
authority or just ground, heretofore have
timorously and ignorantly accepted, re
ceived, used, and erroneously put in
execution, and exercised the said facul
ties, immunities, authorities, privileges,
licences, indulgences, and pre-eminences,
have now sincere, pure, and perfect
intelligence and knowledge of the said
usurped authority, jurisdiction, and
power ; and that the said faculties,
authorities, privileges, licences, and in
dulgences, so as is aforesaid accepted,
received, used, and erroneously exercised,
were and been to all intents and pur
poses clearly void, frustrate, and of none
effect ; albeit, if they should be impeached
or interrupted of such privileges, liber
ties, pre-eminences, authorities, jurisdic
tions, profits, and other commodities,
which they now have, use, and exercise,
by colour of such vain and void licences,
dispensations, and faculties, it should be
to their intolerable inquietations and
utter undoing.
" Wherefore be it enacted by autho
rity of this present parlia-
ment, that all bulls, breves, ^.SSuSS
faculties and dispensations, from the bi-
of what names, natures, or shop or see of
,. . '. . c Rome to any
qualities soever they be ot, subjects of this
heretofore had or obtained realm shall be
of the Bishop of Rome, or X°Koll. 92.
any of his predecessors, or
by the authority of the See of Rome, by
or to any subjects, resiants, or bodies
politick or corporate, of or in this realm,
or of or in any other the king's do
minions, shall from henceforth be clearly
void and of no value, force, strength, nor
virtue; and shall never hereafter be
used, admitted, allowed, pleaded or
alledged, in any places or courts of this
realm, or of any other the king's do
minions, upon the pains contained in the
Statute of Provision and Praemunire,
made in the sixteenth year of the reign of
King Richard the Second ; yet notwith
standing, at the most humble petition
and intercession of the lords spiritual and
temporal, and the commons, in this pre
sent parliament assembled, it may please

46

ANGLO-SAXON DOOMS

the king's majesty, of his most gracious
benignity, goodness, and blessed disposi
tion, that it may be enacted by autho
rity of this parliament, that all marriages
had and solemnized within this realm, or
in any other the king's do-
A confirmation m;mons before the third
of former law- ' .
ful marriages, day ot November m the
twenty-sixth year of the
king's most gracious reign, whereof
there is no divorce or separation had by
the ecclesiastical laws of this realm, and
which marriages be not prohibited by
God's laws, limited and declared in tbe
act made in this present parliament for
the establishment of the king's succes
sion, or otherwise by Holy Scripture,
shall be by authority of this present
parliament, good, lawful, and effectual,
and shall be from the beginning of such
marriages reputed, esteemed, taken, ad
judged, received, approved and allowed,
by the authority of this present parlia
ment, to all and singular purposes,
effects, and intents, as good, as sufficient,
and as available, as though no impedi
ment of matrimony had ever been be
tween them that have contracted and
solemnized such marriages ; and that all
children procreated and to be procreated
in and under such marriages, shall be
lawful to all intents and purposes.
"III. And that it may also be en
acted by the authority of
Aconflrma- tn;s present parliament,
tion of ail , t i, , .-.
archbishops that all archbishops ana
and bishops, bishops of this realm, or of
fhtit™- ^y the king's dominions,
other ecclesi- consecrated, and at this
astical persons present time taken and re-
and orders. .. j *¦ .1 ¦ u j
puted for archbishops and
bishops, may by authority of this present
parliament, and not by virtue of any
provision or other foreign authority,
licence, faculty, or dispensation, keep,
enjoy, and retain their archbishoprics
and bishoprics, in as large and ample a
manner, as if they had been promoted,
elected, confirmed, and consecrated ac
cording to the due course of the laws of
this realm ; and that every archbishop
and bishop of this realm, and of other
the king's dominions, may minister, use,
and exercise all and every thing and
things partaining to the office or order
of an archbishop and bishop, with all
tokens, ensigns, and ceremonies there
unto lawfully belonging.
" IV. And that all ecclesiastical per
sons of the king's realm and dominions,

which at this time be taken, had, and
reputed for abbots, priors, abbesses,
prioresses, and other heads of religion,
(which be not, neither shall be excluded
from their dignities by the late Act of
Suppression,) and the religious persons
living under their obedience, and all per
sons now taken and reputed as masters,
presidents, provosts, and wardens of ca
thedral churches and colleges, with the
companies and fellowships of the same,
all priests and clerks which have received
any of the ecclesiastical orders, all arch
deacons and deans, and other having
offices, cures, and dignities spiritual,
may by authority of this act, and not by
the virtue of any foreign power or au
thority, administer, use, and exercise all
things pertaining to their dignities,
offices, orders, cures, religions, and
fellowships, and may lawfully hereafter
use all tokens, ensigns, and ceremonies,
which they have been accustomed to
use in times past, so it be not expressly
against the laws of God and this realm ;
any thing or things contained in any act
or acts made sithen the beginning of
this present parliament to the contrary
of any of the premises in any wise not
withstanding. " V. And where divers and many of
the king's said subjects have purchased
and obtained many dispensations, bulls,
breves, and faculties of the Bishop of
Rome for the time being, or by
authority of the See of Rome, as plurali
ties, unions, trialities, appropriations,
commendams, exemptions, and other
bulls, breves, and faculties, for divers
causes and matters, other than be afore
expressed, which be of no strength or
virtue : it may therefore please the
king's majesty, that it may be enacted
by authority aforesaid, that all and every
his said subjects, during the time of one
whole year next after the feast of St.
Michael the Archangel next coming,
may enjoy, use, and have, bj authority
of this present act, and not by the virtue
of the said bulls, breves, and faculties, all
and every of the effects contained and
specified in such bulls, breves, and
faculties, in all such cases only as may
be dispensed with by the Archbishop of
Canterbury, by authority of the laws
and statutes of this realm.
" VI. And that it maybe further en
acted by authority afore
said, that all and every the The effect and
,. , ., . . L ,J. contents of
king s said subjects, bring- bulls, breves,

AND OTHER RECORDS.

47

%yf!tm; j?S' . ^ndering, and de-
345, 352. livering to such persons of
his council, or of the masters
of his chancery, as the king's highness
shall name and appoint, any Bulls, breves,
or any other faculties concerning any the
premises, that then, if it shall appear
to such persons as the king's highness
shall so name and appoint to receive
such bulls, faculties, and breves, after
due examination thereof had, that the
effects contained and specified in such
bulls, faculties and breves, or any part
thereof, may be lawfully granted by the
said Archbishop of Canterbury, by au
thority of the laws and statutes of this
realm ; that then and in every such case,
the king's said subjects making humble
suit to have the effects contained in the
said bulls, breves, and faculties to be
granted unto them, shall have, receive,
and obtain of the chancellor of England,
or keeper of the great seal for the time
being, by sufficient writing in due form
to be made, and to be sealed under the
king's great seal, all and every such
effects contained and specified in such
bulls, breves, and faculties, as may be
lawfully granted by the sard Archbishop
of Canterbury, by authority of the laws
and statutes of this realm, paying only
for sealing of every such writing xx. s.
iv. d., and over that, for the reasonable
costs for pains of the writing thereof,
iij. s. iv. d. and not ahove ; and for the
pain taken for due examination of every
such bulls, breves, and faculties, iij. s.
iv. d., and not above. And that this
present act shall be sufficient and imme
diate warrant to the chancellor or keeper
of the great seal, for ensealing and
delivery of such licences, faculties,
dispensations, and other writings, which
shall be made, granted, and sealed
under the king's great seal, by virtue
and authority of this act.
" VII. And it is also enacted by autho
rity aforesaid, that all and every such li
cence, dispensation, faculty, confirmation,
or other writing, to be had, made, or
granted under the king's great seal out
of the said court of chancery by autho
rity of this act, in form as is above
rehearsed, shall be good and effectual to
the said parties suing for
f &2apd&yM. the same> according to the
c. 8, and re-* ' tenor and effects thereof,
vived by 1 and shall be admitted, ac-
z- c' ' cepted, and allowed in all
courts and places of this realm, and

in all other the king's dominions ; any
usage, prescription, foreign laws, cus
toms, or ordinance to the contrary
thereof notwithstanding."

1 EDW. VI., c. 1, 2., A. u. 1547.
Chapter II.
An Act for the Election of Bishops, and
what Seals they and other Spiritual
Persons exercising Jurisdiction Eccle
siastical shall use.
I. Forasmuch as the election of the
archbishops and bishops by „,
the deans and chapters To^Z'S
within the king's majesties or election,
realms of England and Ire- Mshopricks
i j .. i • ¦ . may be con-
land at this present time be ferred by the
as well to the long delay king's letters
as to the great costs and patent-
charges of such persons as the king's
majesty giveth any archbishoprick or
bishoprick unto ; and whereas the said
elections be in very deed no elections,
but only by a writ of conge d'elire have
colours, shadows, or pretences of elec
tions, serving nevertheless to no purpose,
and seeming also derogatory and preju
dicial to the king's prerogative royal,
to whom only appertaineth the colla
tion and gift of all archbishopricks and
bishopricks and suffragan bishops, within
his highness's said realm of England
and Ireland, Wales, and other his do
minions and marches: For a due re
formation hereof, be it therefore enacted
by the king's highness, with the assent
of the lords spiritual and temporal, and
the commons, in this present parliament
assembled, and by authority of the same,
that from henceforth no such conge
d'elire be granted, nor election of any
archbishop or bishop by the dean and
chapter [made, but that the king by his
letters patent at all times when any arch
bishoprick or bishoprick be void confer
the same to any person whom the king
shall think mete ; the which collation so
by the king's letters patent made and
delivered to the person to whom the
king shalt confer the same archbishoprick
or bishoprick, or to his sufficient proctor
and attorney, shall stand to all intent,
constructions, and purposes to as much
and the same effect as though conge
d'elire had been given, the election duly
made and the same confirmed ; and that
upon the said person to whom the said

48

ANGLO-SAXON DOOMS.

archbishoprick, bishoprick, or suffragan-
ship is so conferred, collated, or given
may be consecrated and sue his liverye
or outerlemayre, and do other things as
well as if the said ceremonies and elec
tions had been done and made.
II. Provided alway and be it enacted,
by authority aforesaid, that
All accus- every such parson to whom
tomed fees J „ ,. .c. «
shall be paid. any collation or gift of any
archbishoprick or suffra-
ganship shall be given or collated by the
king, bis heirs, or successors, shall pay
due, and yield to all and every parson all
such fees, interest, and duties, as of old
time have been accustomed to be done ;
any thing in this act, or in any other to
the contrary hereof in any wise notwith
standing. III. And whereas the archbishops
and bishops and other spi-
Summonses ritual persons in this realm
and citations . r , , , ,
made hereto- do use to make and send
fore in the out their summons (and)
bishops?f the citations and other process
in their own names, and in
such form and manner as was used in
the time of the usurped power of the
Bishop of Rome, contrary to the form
and order of the summons and process
of the common law used in this realm,
seeing that all authority of jurisdiction,
spiritual and temporal, is derived and
deducted from the king's majesty, as
supreme head of the churches and realms
of England and Ireland, and so justly
acknowledged by the clergy of the said
realms, and that all courts ecclesiastical
within the said two realms be kept by
no other power or authority either foreign
or within the realm, but by authority of
his most excellent majesty, Be it there-
All sum- 'ore Iur'her enacted by au-
monses and thority aforesaid, that all
citations shall summons and citations or
be in the l, 1 ¦ .• i
king's name other process ecclesiastical
tested by the in all suits and causes of
bishop, &c. instance betwixt party and
and counter- i.
signed by his party, in all causes of cor-
commissary. rection, and of bastardy, or
bigamy or inquiry de jure pronatus,
probates of testaments and commissions
of administration of persons deceased,
and all acquittance of and upon accounts
made by the executors, administrators,
or collectors of goods of any dead per
son, be from the first day of July next
following made in the name and with
the stile of the king, as it is in writs ori
ginal or judicial at the common law,

and that the test thereof be in the name
of the archbishop or bishop or other
having ecclesiastical jurisdiction, who
hath the commission and grant of autho
rity ecclesiastical immediately from the
king's highness ; and that his commissary,
official, or substitute, exercising jurisdic
tion under him, shall put his name in
citation or process after the test.
IV. Furthermore, be it enacted by
authority aforesaid, that all
manner of parson or par- Seals of the
, , ^. .. . spiritual
sons who hath the exercise courts shall
of ecclesiastical jurisdiction have the
shall have from the first day the?eon.'m8
of July before expressed in
their seals of office the king's highness'
arms decently set, with certain carects
under the arms for the knowledge of the
diocese, and shall use no other seal of ju
risdiction but wherein his majesty's arms
be engraven ; upon pain that if anyperson
shall use ecclesiastical ju- Pena]ty on
risdiction after the day be- breach of this
fore expressed in this realm act> imprison-
of England, Wales, and ment' &c'
ojher his dominion or territories, and
not send or make out the citation or
process in the king's name, or use any
seal of jurisdiction other than before
limited, that every such offender shall
incur and run in the king's majesty's
displeasure and indignation, and suffer
imprisonment at his bighness's will and
pleasure. V. Provided always, that no more or
other fees be taken or paid Usua, fees
for the seal and (writing) of only on cita-
any citations or other pro- tions> &a
cess than was heretofore accustomed.
VI. Provided also and be it enacted
by authority aforesaid, the Archbishop
Archbishop of Canterbury of Canterbury
for the time being shall use sna11 use his
his own seal and in his own
name in all faculties and dispensations
to the tenor of an act thereof made ; and
that the said archbishops
and bishops shall make, S^^
admit, order, and reform use their own
their chancellors, officials, seals and
commissaries, advocates, names-
proctors, and other their officers, minis
ters and substitutes, and commissions to
suffragan bishops in their own names
under their own seals, in such manner
and form as they have heretofore used,
and shall certify to the court of tenths
their certificates under their own name
and seals as heretofore they have used

AND OTHER RECORDS.

49

and according to the statute in that case
made and provided ; and likewise shall
make collations, presentations, gifts, in
structions and inductions of benefices,
letters of orders or dimissories under
their own names and seals as they have
heretofore accustomed ; anything in this
act contained to the contrary notwith
standing. VII. Provided always and be it en
acted by authority afore-
and certificate said that a11 Pr°cess here
of trial in after to be made or awarded
cSurrtsUashalI be ^ any ecclesiastical person
in the king's or persons for the trial of
name, under any plea or pleas or rrat-
the bishop's ter depending or that here
after shall depend in any
of the king's courts of record at the
common law, and limited by the laws
and customs of this realm to the spi
ritual courts to try the same, that the
certificate of the same after the trial
thereof shall be made in the king's
tiame for the time being, and with the
stile of the same king, and under the
seal of the bishop graved with the king's
arms, with the name of the bishop or
spiritual officer being to the test of the
same process and certificate and to every
of them.

Stat. 1 ELIZABETHS, c. 1.
a. d. 1558.
An Act to restore to the Crown the
ancient Jurisdiction over the Estate
Ecclesiastical and Spiritual, and abo
lishing all Foreign Powers repugnant
to the same.
" Most humbly beseech your most
All ancient excellent majesty, your
jurisdiction faithful and obedient sub-
restored toj jects the lords spiritual and
the crown. " , , ' ,
temporal, and the com
mons, in this your present parliament
assembled, that where in time of the
reign of your most dear father, of worthy
memory, King Henry the Eighth, divers
good laws and statutes were made and
established, as well for the utter extin
guishment and putting away of all
usurped and foreign power* and autho
rities out of this your realm, and other
your highness' dominions and countries,
as also for the restoring and uniting to
the imperial crown of this realm, the
ancient jurisdictions, authorities, supe
riorities, and pre-eminences to the same
of right belonging or appertaining, by

reason whereof we your most humble
and obedient subjects, from the xxv.
year of the reign of your
said dear father, were con- $£$*««*
tinually kept in good or- and revivor of
der, and were disburdened °the.rs. <"id aU
of divers great and intole- abolifhedOWer
rable charges and exactions 1&2F.&M.
before that time unlawfully c'
taken and exacted by such foreign power
and authority as before that was usurped,
until such time as all the said good laws
and statutes by one act of parliament
made in tbe first and second years of the
reigns of the late King Philip and Queen
Mary, your highness' sister, entitled
' An Act repealing all Statutes, Articles,
and Provisions made against the See
Apostolic]; of Rome since the twentieth
year of King Henry the Eighth, and
also for the establishment of all Spiritual
and Ecclesiastical Possessions and Here
ditaments conveyed to the Laity,' were
all clearly repealed and made void, as by
the same act of repeal more at large doth
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 intolera
ble charges of your loving subjects, if
some redress (by the authority of this
your high court of parliament, with the
assent of your highness) 1 RM m
be not had and provided : Het. 121.
" May it therefore please your high
ness, for the repressing of the said
usurped foreign power, and the restoring
of the rights, jurisdictions, and pre
eminences appertaining to the imperial
crown of this your realm, that it may be
enacted by authority of this present par-
liament, that the said act A ,ofthe
made in the said first and statute of
second years of the reigns i*2 P. & M.
of the said late King Philip °' '
and Queen Mary, and all and every
branches, 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 parliament, by authority
of this present parliament, be repealed,
and shall from henceforth be utterly void
and of none effect :
" III. And that also for the reviving
of divers of the said good a revivor of
laws and statutes made in the statutes
the time of your said dear 6peecTnea\ viz.
father, it may also please 23 Hen. 8, c. 9.

E

50

ANGLO-SAXON DOOMS

25 Hen. 8,

your highness, that one act and statute
made in the xxiii. year of the reign of
the said late King Henry the Eighth,
entitled ' An Act, that no Person shall
be cited out of the Diocese wherein he or
she dwelleth, except in certain cases ;'
" IV. And one other act made in the
24 Hen. 8, xxiv' year of the reiSn of
c. 12. the said late king, entitled,
' An Act, that Appeals in
such cases, as hath been used to be pur
sued to the Sec of Rome, shall not be
from henceforth had ne used, but within
this Realm ; '
" V. And one other act made in the
xxv. year of the said late
notHpr"n?ed. kinS> concerning restraint
of Payment of Annates and
First-fruits of Archbishopricks and
Bishopricks to the See of Rome ;
" VI. And one other act in the said
xxv. year, entitled, . ' An
25 Hen. 8, Act concerrijng tne Sub
mission of the Clergy to
the King's Majesty ; '
" VII. And also one act made in the
said xxv. year, entitled,
' An Act restraining the
Payment of Annates or
Fir?t-fruits to the Bishop of Rome, and
of the electing and consecrating of
Archbishops and Bishops within this
Realm ; '
" VIII. And one other act made in
the said xxv. year, entitled,
cHil™'8' ' An Act concerning the
Exoneration of the King's
Subjects from Exactions and Imposi
tions heretofore paid to the See of Rome,
and for having Licences and Dispensa
tions within this Realm, without suing
further for the same ; '
" IX. And one other act made in the
xxvi. year of the said late king, entitled,
„„ „ „ ' An Act for Nomination
2o Hen. y, .
c. 14. and Consecration of Suffra
gans within this Realm ; '
" X. And also one other act made in
the xxviii. year of the reign of the said
late king, entitled, * An Act for the
Release of such as have obtained pre
tended Licences and Dis-
Hen. 8, pensations from the See of
Rome ; ' and all and every
branches, words, and sentences in the
said several acts and statutes contained,
by the authority of this present parlia
ment, from and at all times after the last
day of this session of parliament, shall

C. 16.

be revived, and shall stand
and be in full force and The sentence!
, ., . and branches
strength, to all intents, con- jn the afore-
structions, and purposes : said statutes
and that the branches, sen- [t?™^* t0
fences, and words of the
said several acts, and every of them, from
thenceforth shall and may be judged,
deemed, and taken to extend to your
highness, your heirs and' successors, as
fully and largely as ever the same acts,
or any of them, did extend to the said
late King Henry the Eighth, your
highness' father.
" XI. And that it may also please
your highness, that it may
be enacted by the authority jj2 Jgen- S'
of this present parliament,
that so much of one act or statute made
in the xxxii. year of the reign of your
said dear father King Henry the Eighth,
entitled, ' An Act concerning Precon
tracts of Marriages, and touching De
grees of Consanguinity,' as
in the time of the late King jj ^ Edw-6'
Edward the Sixth, your
highness' most dear brother, by one
other act or statute, was not repealed ;
" XII. And also one act made in the
xxxvii. year of the reign of
the said late King Henry f ™en- s>
the Eighth, entitled, 'An
Act that Doctors of the Civil Law,
being married, may exercise Ecclesias
tical Jurisdiction ; ' 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
the Sixth, may from henceforth likewise
stand and be revived, and remain in
their full force and strength, to all in
tents and purposes ; any thing contained
in the said act of repeal before men
tioned, or any other matter or cause to
the contrary notwithstanding.
"XIII. And that it may also please
your highness, that it may
further be enacted by the What statutes
,, .. ,. ... „ repealed by
authority aforesaid, that all the statute of
other laws and statutes, 1 & 2 P. & M.
and the branches and to^^Sf.
clauses of any act or
statute, repealed and made void by the
said act of repeal, made in the time of
the said late King Philip and Queen
Mary, and not in this present act spe
cially mentioned and revived, shall stand,
remain, and be repealed and void, in
such like manner and form as they were

AND OTHER RECORDS,

51

before the making of this act; any thing
herein contained to the contrary not
withstanding. "XIV. And that it may also please
A revivor of your highness, that it may
the statute be enacted by the authority
1 Edw. 6, c. 1. aforesaid, that one act and
statute made in the first year of the reign
of the late King Edward the Sixth, your
Majesty's most dear brother, entitled,
' An Act against such Persons as shall
unreverently speak against the Sacra
ment of the Body and Blood of Christ,
commonly 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,
constructions, 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 the Sixth ;
any law, statute, or other matter to the
contrary in any wise notwithstanding.
" XV. And that also it may please
y°ur highness, that it may
the statute of he further established and
1 & 2 P. & M. enacted by the authority
c'd- i. a aforesaid, that one act and
5 Rich. 2, ' , . , -
St. 2, c. 5. statute made in the first
2 Hen. 4, c. 15. and second years of the said
2 Hen. 5, c. 7. jate Kmg phil;p and Quem
Mary, entitled, ' An Act for the reviving
of three Statutes made for the Punish
ment of Heresies;' and also the said
three statutes mentioned in the said act,
and by the said 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 parliament deemed and remain utterly
repealed, void, and of none effect, to all
intents and purposes ; any thing in the
said several acts or any of them con
tained, or any other matter or cause to
the contrary notwithstanding.
" XVI. And to the intent that all
usurped and foreign power
The abolish and authority spiritual and
ing of foreign , £ i.
authority. temporal, may for ever be
clearly extinguished, and
never to be used or obeyed within this
realm, or any other your majesty's do
minions or countries; may it please
your highness that it may be further

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 parliament use, enjoy, or
exercise any manner of power, jurisdic
tion, 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' dominions for
ever ; any statute, ordinance, custom,
constitutions, or any other matter or
cause whatsoever to the contrary in any
wise notwithstanding.
"XVII. And that also it may like
wise please your highness, Co.pl. fol. 465,
that it may be established 487.
and enacted by the autho- Ecclesiastical
c 'j iu .. u jurisdiction
rity aforesaid, that such annexed to
jurisdictions, privileges, the crnwn.
¦.- j -1 Leon. 176.
superiorities, and pre emi
nences spiritual and ecclesiastical, as by
any spiritual or ecclesiastical power or
authority hath 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 man
ner of errors, heresies, schisms, abuses,
offences, contempts, and enormities,
shall for ever by authority of this pre
sent parliament be united and annexed
to the imperial crown of this realm.
"XVIII. And that your highness,
your heirs and successors, kings or queens
of this realm, shall have full power and
authority by virtue of this act, by letters
patents under the great seal of England,
to assign, name, and authorize, when and
as often as your highness, your heirs or
successors, shall think meet and con
venient, and for such and so long a time
as shall please your highness, your heirs
or successors, such person
or persons being natural- ^^gn
born subjects to your high- commissioners
ness, your heirs or succes- t0 exercise
sors, as your majesty, your JuriSim.
heirs or successors, shall Repealed by
think meet, to exercise, J.6]]^' ||
use, occupy, and execute,
under your highness, your heirs and
successors, all manner of jurisdictions,
privileges, and pre-eminences, in any
wise touching or concerning any spiri
tual or ecclesiastical jurisdiction, within

E 2

52

ANGLO-SAXON DOOMS

these your realms of England and
Ireland, or any other your highness'
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 of
spiritual or ecclesiastical power, autho
rity, 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, authorised, and appointed by
your highness, your heirs or successors,
after the said letters patents 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
patents under your highness, your heirs
and successors, to exercise, use, and
execute all the premises according to
the tenour and effect of the said letters
patents; any matter or cause to the
contrary in any wise notwithstanding.
" XIX. And for the better observa-
Whoarecom- tmn and maintenance of
pellabletotake this act, may it please your
the oath: highness that it may be
persons and further enacted by the
officers, judge, authority aforesaid, that all
te^raTX' and ««y archbishop, bi-
cer, he that shop, and all and every
hath the other ecclesiastical person,

queen's fee.

and other ecclesiastical offi

cer 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' fee
or wages, within this realm, or any your
highness' dominions, shall make, take,
and receive a corporal oath upon the
Evangelist, before such person or per
sons as shall please your highness, your
heirs or successors, under the great seal
of England to assign and name, to
accept and to take the same according
to the tenour and effect hereafter fol
lowing ; that is to say,
" ' I A. B. do utterly testify and de-
The oath of clare in my conscience, that
the queen's the queen 's highness is the
supremacy. T -
Repealed by on'y supreme governor of
1 Gul. & Mar. this realm, and of all other
sess. 1, c. 8, ner highness' dominions
1 Bulst. 199. and countries, as well in

all spiritual or ecclesiastical things or
causes as temporal ; and that no foreign
prince, person, prelate, state, or po
tentate hath or ought to have any
jurisdiction, power, superiority, pre
eminence, or authority ecclesiastical or
spiritual, within this realm ; and there
fore I do utterly renounce and forsake
all foreign jurisdictions, powers, superi
orities, and authorities, and do promise,
that from thenceforth I shall bear faith
and true allegiance to the queen's high
ness, her heirs and lawful successors,
and to my power shall assist and defend
all jurisdictions, pre-eminences, privi
leges, and authorities, granted or belong
ing 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.'
" X X. And that it may also be en
acted, that if any such arch- The penalty
bishop, bishop, or any for refusing
other ecclesiastical officer the oath-
or minister, or any of the said temporal
judges, justiciaries, or other lay officer
or minister, shall peremptorily or obsti
nately 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 hath 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.
" XXI. And that also all and every
such person and persons so refusing to
take the said oath, shall immediately
after such refusal be from thenceforth,
during his life, disabled to retain or
exercise any office or other promotion
which he at the time of such refusal hath
jointly or in common with any other
person or persons.
"XX 1 1. And that all and every
person and persons that at any time
hereafter shall be preferred, promoted,
or collated to any archbishoprick or
bishoprick, or to any other spiritual or
ecclesiastical benefice, promotion, dig
nity, office, or ministry ; or that shall be
by your highness, your heirs or suc
cessors, preferred or promoted to any

And other records.

53

temporal or lay office, ministry, or ser
vice Within this realm, or in any your
highness' dominions, before he or. they
shall take upon him or them to receive,
use, exercise, «upply, or occupy an,y
such archbishoprick, bishoprick, promo
tion, dignity, 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 sha.l 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 commission
under the great seal of England shall
be named, assigned, or appointed to
minister the said oath.
" XXIII. 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 ser
vice, 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 spi
ritual or ecclesiastical, or the same tem
poral office, ministry, or service within
this realm or any other your highness'
dominions, to all intents, constructions,
and purposes.
" XXIV. And that it may be further
„ ,. , .. enacted by the authority
He that sueth „ . , , L „ ,
livery or ous- aforesaid, that all and every
tre le maine. person and persons tempo
ral suing livery or oustre le maine out of
the hands of your highness, your heirs
Or sucessors, before his or their livery
or oustre le maine sued forth and allowed,
and every temporal person or persons
doing any homage to your highness,
your heirs or successors, or
hHomahge ££. that sha11. be reCeiuV.ed. int°
qneen. service with your highness,
He tint shall your ne;rs or successors,
?nw"heTed shall make, take, and re-
queen's ser- ceive the said corporal oath
vice. before mentioned, 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 suc

cessors, shall be named and appointed
to accept or receive the same.
" XXV. And that also all and every
person and persons taking
orders, and all and every ^*at taketh
other person and persons He that taketh
which shall be promoted degrees in any
., , . , university.
or preferred to any degree
of learning in any university within this
your realm or dominions, before be shall
receive or take any such orders, or be
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 ordi
nary, commissary, chancellor, or vice-
chancellor, or their sufficient deputies in
the said university.
" XXVI. Provided always, and that
it may be further enacted by the autho
rity aforesaid, that if any „ , , .
3 . . '.He that hath
person having any estate of estate of in-
inheritance in any temporal heritance in a
office or offices shall here- ^""f ,
„ , . , , office, first
after obstinately and per- refuseth and
emptorily refuse to accept then taketh
and take the said oath as is e oa •
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, immediately
after he hath so received the said oath,
shall be vested, judged, and deemed in
like estate and possession of the said
office, as he was before the said refusal,
and shall and may use and exercise the
said office in such manner and form as
be should or might have done before
such refusal ; any thing in this act con
tained to the contrary in any wise not
withstanding. " XXVII. And for the more sure
observation of this act, and the utter ex
tinguishment of all foreign and usurped
power and 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' 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,
malieiously, and directly affirm, hold,

e 3

51

ANGLO-SAXON DOOMS

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 whatsoever, heretofore
claimed, used, or usurped within this
realm, or any dominion or country
being within or under the power, do
minion, or obeysance of your highness ;
or shall advisedly, maliciously, and
directly put in ure or execute any thing
for the extolling, advancement, setting
forth, maintenance, or defence of any
such pretended or usurped jurisdiction,
power, pre-eminence, and
The penalty of auth0rity, or any part
the mainte- , „ J , , 3 r
nance of thereof; that then every
foreign such person and persons so
Dye°r363. doing and offending, their
.abettors, aiders, procurers,
and counsellors, 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.
"XXVIII. And if any such person
so convicted or attainted
The forfeiture shaU „ t h be ,vorth
for the first - , . , ,
offence. of his proper goods and
chattels to the value of
twenty pounds, at the time of his con
viction or attainder, that then every such
person so convicted or attainted, over
and beside the forfeiture of all his said
"goods and chattels, shall have and suffer
imprisonment by the space of one whole
year without bail or mainprise.
" XXIX. And that also all and every
the benefices, prebends, and other eccle
siastical promotions and dignities what
soever of every spiritual person so
offending, and being attainted, shall im
mediately after such attainder be utteily
void to 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
Forfeiture for 0ffenders, after such con-
the second . . . , • , ,
offence. viction or attainder, do
eftsoons commit or do the
said offences, 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 forfeitures ordained and provided
by the Statnte of Provision and Praemu
nire, made in the sixteenth ,„„.,.„
„ ., . - „. 16 Rich. 2,
year ot the reign of King c. 5.
Richard the Second.
" XXX. And if any such offender or
offenders, at any time after
the said second conviction Ti,e,PnJ>"y "'
and attainder, do the third offence.
time commit and do the
said offences, or any of them, in manner
and form aforesaid, and be thereof duly
convicted and attainted, as is aforesaid ;
that then every such offence or offences
shall be deemed and adjudged high trea
son, and that the offender or 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.
" XXXI. And also that it may like
wise please your highness, Within what
that it may be enacted by time an
the authority aforesaid, that offender shall
V be impeached.
no mannerof person or per- r
sons shall be molested or impeached for
any of the offences so committed or per
petrated only by preaching, teaching, or
words, unless he or they be thereof law
fully 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
theirsuch offence so committedand done;
that then the said person so imprisoned
shall be set at liberty, and be no longer
detained in prison for any such cause or
offence. "XXXII. Provided always, and be
it enacted by the authority A„ tM
aforesaid, that tins act, or touching the
any thing therein con- Prcemunire in
tained, shall not in any J*,2sPi*3o"
wise extend to repeal any continue in
clause, matter or sentence force-
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
Philip and Queen Mary, as doth in any
wise touch or concern any matter or

AND OTHER RECORDS.

55

cause of prcemunire, or that doth make
or ordain any matter or cause to be
within the case of prcemunire ; but that
the same, for so much only as toucheth
or concerneth any case or matter of prce
munire, shall stand and remain in such
force and effect as the same was before
the making of this act ; any thing in
this act contained to the contrary in any
wise notwithstanding.
"XXXIII. Provided also, and be it
Offences com- enacted by the authority
mitted against aforesaid, that this act or
revived. any thing therein contained,
shall not in any wise ex
tend or be prejudicial to any person or
persons for any offence or offences com
mitted or done, or hereafter to be com
mitted or done, contrary to the tenor and
effect of any act or statute now revived
hy this act, before the end of thirty days
next after the end of the session of this
present parliament; any thing in this
act contained, or any other matter or
cause to the contrary notwithstanding.
"XXXIV. And if it happen that
„ . , „ any peer of this realm shall
Trial of peers. - 3 r , . ,. , , c
fortune to be indicted ot
and for any offence that is revived or
made prcemunire or treason by this act ;
that then he being so indicted shall have
trial by his peers, in such like manner
and form as in other cases of treason
hath been used.
" XXXV. Provided always, and be
No matter of h enacted as is "foresaid,
religion, &c, that no manner of order,
made by this actl, or determination for
Kali bead- any matter of religion, or
judged heresy cause ecclesiastical, had or
or schism. made by the authority of
this present parliament, shall be ac
cepted, deemed, interpreted, or adjudged
at any time hereafter, to be any error,
heresy, schism, or schismatical opinion ;
any order, decree, sentence, constitution
or law, whatsoever the same be, to the
contrary notwithstanding.
" XXXVI. Provided always, and be
Commis- *' enacted by tbe authority
sioners may aforesaid, that such person
adjudge such or persons to whom your
he'refy'as'are highness, your heirs or
warranted by successors, shall hereafter
the Scripture, b ietters patents, under
or theflrstfour "/ '^ r > ;
general coun- the great seal ot England,
cils. For g;ve authority to have or
s^rXing- execute any jurisdiction,
hereto see c. 2. power, or authority spi-
And farther, r;tual; or to visit, reform,

order, or correct any errors', 13 Eliz. c. 12 ;
heresies, schisms, abuses, 23J;1iz^'1 ¦
... , . . „ 13&HCar. 2,
or enormities, by virtue oj c> 4 . 15 rjar> 2
this act, shall not in any c. 6; 1 Gul. &
wise have authority or ?JarvsJ' '• c"
, , J . 18; 5 Ann. c.
power to order, determine, 5 ; and 23 Geo.
or adjudge any matter or 2, c. 28.
cause to be heresy, but only such ( 1 ) as
heretofore have been determined, ordered,
or adjudged to be heresy, by the au
thority of the canonical Scriptures, or
by the first four general councils, or any
of them, or by any other general council
wherein the same was declared 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 tbe high
court of parliament of this realm, with
the assent of the clergy in their con
vocation ; any thing in this act con
tained to the contrary notwithstanding.
"XXXVII. And be it further
enacted by the authority Nonesnal|be
aforesaid, that no person or indicted or
persons shall be hereafter arraigned but
. ,. . . . j r by two wit-
mdicted or arraigned for nesses.
any of the offences made,
ordained, revived, or adjudged by this
act, unless there be two sufficient wit
nesses or more, to testify and declare the
said offences whereof he shall be in
dicted 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
" XXXVIII. Provided also, and be
it further enacted by the A is0 for
authority aforesaid, that if them that give
any person or persons shall relief to
hereafter happen to give °<,enders-
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 prcemunire 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 de
clare that the person or persons that
so gave such relief, aid, or comfort,
had notice and knowledge of such

E 4

56

ANGLO-SAXON DOOMS

offence committed and done by the said
offender, at the time of such relief, aid,
or comfort, so to him given or mi
nistered ; any thing in this act contained,
or any other matter or cause to the con
trary in any wise notwithstanding.
"XXXIX. And where one pretended
„. • ., sentence hath heretofore
Chetwood's , . -.,_/-.
appeal to the been glven m the Consis-
court of tory in Paul's before certain
Rome. judges delegate, by the au
thority legantine of the late Cardinal
Poole, 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 Richard and Agnes have appealed to
the court of Rome ; which appeal dbth
there remain, and yet is not determined :
" XL. 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 pretended
sentence, before the end of three score
days next after the end of this session of
this present parliament, that then the
same shall be adjudged 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 ;
any thing in this act, or in any other
act or statute contained to the contrary
notwithstanding. " XLI. And if no sentence shall be
given at the court of Rome in -the said
appeal for the reversing of the said
pretended sentence before the end of the
said three score days, that then it shall
and may be lawful for the said Richard
and Agnes, and either of them, at any
time hereafter, to commence, take, sue,
and prosecute their said appeal from the
said pretended sentence, and for the re
versing of the said pretended 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 the Eighth, upon any
sentences given in the court or courts of
any archbishop within this realm.
" XLII. And that such appeal as so

hereafter shall be taken or pursued by
the said Richard Chetwood and Agnes,
or either of them, and the sentence that
herein or thereupon shall 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 netwithstanding.
"XLIII. Provided also, and be it
enacted by the authority
aforesaid, that where there ^XS"
is the like appeal now de- Harcourt and
pending in the said court A"th|<m3'
of Rome between Robert y
Harcourt, merchant of the staple, and
Elizabeth Harcourt, otherwise called
Elizabeth Robins, of the one party,
and Anthony Fidell, merchant-stranger,
on the other party ; 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 ad
vantage, in like manner and 1 Hale's P. C:
form as the said Richard 404..
and Agnes, or any of them, hath, may or
ought to have and enjoy ; this act or
any thing therein contained to the con
trary in any wise notwithstanding."

Stat. 5 ELIZABETHS, u. I.
a. u. 1562.
An Act for the Assurance of the Queen's
Royal Power, over all Estates and Sub
jects within her Dominions.
" Fob. preservation of the queen's most
excellent highness, her heirs and suc
cessors, and the dignity of the imperial
crown of this realm of England, and for
the avoiding both of such hurts, perils,
dishonours, and inconveniences, as have
before- time befallen, as well to the queen's
majesty's noble progenitors, kings of this
realm, as for tbe whole estate thereof, by
means of the jurisdiction and power of
the see of Rome, unjustly claimed and
usurped within this realm and the dor
minions thereof, and also of the dangers
by thefautorsof the said usurped power,
at this time grown to marvellous outrage
and licentious boldness, and now requir
ing more sharp restraint and correction
of laws, than hitherto in the time of the
queen's majesty's most mild and merciful
reign have been had, used, or esta
blished :
" II. Be it therefore enacted, ordained,
and established, by the queen our so-

AND OTHER RECORDS.

57

vereign lady, and the lords spiritual and
temporal, and the commons, in this
present parliament assembled, and by
authority of the same, that if any person
and persons, dwelling, inhabiting, or re-
siant within this realm, or within any
other the queen's dominions, seigniories,
or countries, or in the marches of the
same, or elsewhere within or under her
obeisance and power, of what estate,
dignity, pre-eminence, order, degree, or
condition soever he or they be, after the
first day of April, which shall be in the
year of our Lord God one thousand five
hundred and sixty-three, shall by writing,
cyphering, printing, preaching, or teach
ing, deed or act, advisedly and wittingly
hold or stand with, to extol, set forth,
maintain, or defend the authority, juris
diction, or power of the Bishop of Rome,
or of his see, heretofore claimed, used,
or usurped within this realm, or in any
dominion or country, being of, within, or
under the queen's power or obeisance;
or by any speech, open deed or act, ad
visedly and wittingly attribute any such
manner of jurisdiction, authority, or pre
eminence to the said see of Rome, or to
any bishop of the same see for the time
being, within this realm, or in any the
queen's dominions or countries : that
The penalty then every such person or
for maintain- persons so doing or offend-
thor'ty of the inS- their abettors, procurers,
bishop or see and counsellors, and also their
os H°mes aiders, assistants, and com-
c jr/."' ' Sorters, upon purpose, and
13 Eliz. c. 2. to the intent to set forth,
further,andextol the said usurped power,
authority, or jurisdiction of any of the
said bishop or bishops of Rome, and every
of them, being thereof lawfully indicted
or presented within one year next after
any such offences by him or them com
mitted, and being lawfully convicted or
attainted at any time after, according to
the laws of this realm, for every such
default and offence, shall incur into the
' dangers, penalties, pains, and forfeitures
ordained and provided by the Statute of
Provision and Praemunire, made in the
sixteenth year of the reign
16 Rich. 2, 0f King Richard the Se
cond.
'- III. And it also enacted by the
authority aforesaid, that as
What justices ,, justices 0f aSbize jn
may inquire ™ . J. . . . „
of, and certify their circuits, as justices of
the offences the peace within the limits
aforesaid. oj tnei,. commission and

authorities, or two cf every such justices
of the i^.*ce at the least, whereof one to
be of the quorum, shall have full power
and authority, by virtue of this act, in
their quarter or open sessions, to inquire
of all offences, contempts and transgres
sions, perpetrated, committed, or done
contrary to the true meaning of the pre
mises in like manner and form as they
may of other offences against the queen's
peace ; and shall certify every present
ment afore them or any of them had or
made concerning the same, or any part
thereof, before the queen, her heirs and
successors, in her or their court, com
monly called the King's Bench, within
forty days next after any such present
ment had or made, if the term be then
open ; and if not, at the first day of the
full term next following the said forty
days ; upon pain that every
of the justices of assize, or for dKttof
justices of the peace, before certificate of
whom such presentment "^r said
shall be made, making de
fault of such certificate, contrary to this
statute, to lose and forfeit for every such
default one hundred pounds to the
queen's highness, her heirs and suc
cessors. " IV. And it is enacted by tbe au
thority aforesaid, that the The justices
j ustices of theKing's Bench, of the King's
as well upon every such Bench may
.... , r , . . hear and de-
certificate, as by inquiry termine the
before themselves, within offences afore-
the limits of their autho- said'
rities, shall have full power.and authority
to hear, order, and determine every such
offence done or committed contrary to
the true meaning of this present act,
according to the laws of this realm, in
such like manner and form to all intents
and purposes, as if the person or per
sons, against whom any presentment
shall be had upon this statute, had been
presented upon any matter or offence ex
pressed in the said statute made in the
said sixteenth year of the reign of King
Richard the Second.
" V. And moreover, be it enacted by
the authority aforesaid, that ThMe sha]1
as well all manner of per- take the oath
sons expressed and ap- set forth anno
pointed in and by the act
made in the first year of the queen's ma
jesty's reign that now is, intituled, ' An
Act restoring to the Crown the ancient
Jurisdiction over the Estate Ecclesiasti
cal and Spiritual, and abolishing all

58

ANGLO-SAXON DOOMS

Foreign Powers repugnant to the same,'
to take the oath expressed and set forth
in the same : as all other
Kcfes'Local persons which have taken
orders.degrees or shall take orders, com-
in the univer- mohly called ordines sacros,
sities, school- , . . , , i
masters.utter- or ecclesiastical orders, have
barristers, been or shall be promoted,
readers?' preferred, or admitted to
ancients,"pro- any degree of learning in
thonotaries, any university within this
attorneys, phi- J, , J. . ,,
lizers, sheriffs, realm or dominions to the
escheators, same belonging : and all
official the schoolmasters and public
common law, and private teachers of
officer of any children; as also all man-
court. r j
ner or person and persons
that have taken or hereafter shall take
any degree of learning in or at the com
mon laws of this realm, as Veil utter-
barristers as benchers, readers, ancients
in any house or houses of court, and all
principal treasurers, acd such as be of
the grand company of every inn of Chan
cery, and all attorneys, prothonotaries
and philizers, towards the laws of this
realm, and all manner of sheriffs, es
cheators, and feodaries, and all other
person and persons which have taken or
shall take upon him or them, or have
been or shall be admitted to any mi
nistry or office, in, at, or belonging to
the common law, or any other law or
laws, of, to, or for the execution of them,
or any of them, used or allowed, or at
any time hereafter to be used or allowed,
within this realm or any of the domi
nions or countries belonging, or which
hereafter shall happen to belong, to the
crown or dignity of the same; and all
other officers or ministers of or towards
any court whatsoever, and every of them,
shall take and pronounce a corporal oath
upon the Evangelists, before he or they
shall be admitted, allowed, or suffered,
to take upon him or them to use, exercise,
supply, or occupy any such vocation,
office, degree, ministry, room, or service,
as is aforesaid, and that in the open court
whereunto he doth or shall serve or be
long : and if he or they do not or shall
not serve or belong to any ordinary oi*
open court, then he or they shall take and
pronounce the oath aforesaid, in an open
place before a convenient assembly, to
witness the same, and before such person
or persons as have or shall have autho
rity by common use or otherwise, to
admit or call any such person or per
sons, as is aforesaid, to any such voca

tion, office, ministry, room, or service, or
else before such person or persons, as by
the queen's highness, her heirs or suc
cessors, by commission under the great
seal of England, shall be named or as
signed, to accept and take the same, ac
cording to the tenour, effect, and form
of the same oath verbatim, which is, and
as it is already set forth to be taken, in
the aforesaid act made in
the first year of the queen's i Eliz. c. I.
majesty's reign.
" VI. And also be it enacted by the
authority of this present
parliament, that every arch- may tender
bishop and bishop within the oath to
this realm, and dominions any spiritual
of the same, shall have full
power and authority, by virtue of this
act, to tender or minister the oath afore
said, to every or any spiritual or eccle
siastical person within their proper
diocese, as well in places and jurisdic
tions exempt, as elsewhere.
" VII. And be it enacted by the au
thority aforesaid, that the The lord
lord chancellor or keeper of chancellor
the great seal of England SSS."to
for the time being shall and take the oath
may at all times hereafter, of any person.
by virtue of this act, without further
warrant, make and direct a commission
or commissions under the great seal of
England to any person or persons, giving
them or some of them thereby authority
to tender and administer the oath afore
said to such person or persons as by the
aforesaid commission or commissions
the said commissioners shall be author
ized to tender the same oath unto.
" VIII. And be it also further en
acted by the authority of Thepenally
this present parliament, that for the first
if any person or persons, refusal of the
appointed or compellable
by this act,-or by the said act made in
the said first year, to take the said
oath ; or if any person or persons to
whom the said oath by any such com
mission or commissions shall be li
mited and appointed to be tendered, as
is aforesaid, do or shall, at the time of
the said oath so tendered, refuse to take
or pronounce the said oath in manner
and form as aforesaid, that then the
party so refusing, and being thereof law
fully indicted or presented within one
year next after any such refusal, and con
victed or attainted at any time after,
according to the laws of this realm, shall

AND OTHER RECORDS.

59

suffer and incur the dangers, penalties,
pains, and forfeitures, ordained and pro
vided by the Statute of Provision and
Premunire aforesaid, made in the six
teenth year of the reign of if; n_icn 2.
King Richard the Second, c. 5.
" IX. And furthermore be it en-
r, .-n <¦ acted by the authority afore-
Certificate of • , .. . u j .
refusal into said, that all ana every such
the King's person and persons, having
Sa'viihi7 authority to tender the oath
aforesaid, shall within forty
days next after such refusal or refusals
of the said oath, if the term be then
open, and if not, then at the first day of
the full term next following the said
forty days, make true certificate under
his or their seal or seals of the names,
places, and degrees of the person or per
sons so refusing the same oath, before
the queen, her heirs or successors, in her
or their court, commonly called the
King's Bench ; upon pain that every of
the said persons having such authority
to tenderj the said bath, making default
of such certificate, shall for every such
default forfeit one hundred pounds to
the queen's highness, her heirs or suc-
n 9<u cessors ; and that the sheriff
of the county where the
said court, commonly called the King's
Bench, shall for the time be holden,
shall or may by virtue of this act im
panel a jury of the same county, to in
quire of and upon every such refusal or
refusals ; which jury shall
the offendetr?f or may uVon every suc.h
certificate, and other evi
dence to them in that behalf to be given,
by virtue of this act, proceed to indict
the person and persons so offending in
such sort and degree, to all intents and
purposes, as the same jury may do of
any offence or offences against the
queen's majesty's peace, perpetrated,
committed, or done within the same
county, of and for which the same jury
is so impanelled.
" X. And for stronger defence and
It shall be maintenance of this act, it
treason the is further ordained, enacted,
SntiinX'0 and established by the au-
authority of thority aforesaid, that if
the bishop or any such offender or of-
see of Rome, „ ¦'. . r -j^c
or to refuse fenders, as is aforesaid, ot
the oath. the first part or branch of
this statute, that is to say, by writing,
cyphering, printing, preaching, or teach
ing, deed or act, advisedly and wittingly
hold or stand with, to extol, set forth,

maintain, or defend the authority, ju
risdiction, or power of the Bishop of
Rome, or of his see, heretofore claimed,
used, or usurped within this realm, or in
any dominion or country, being of,
within or under the queen's power and
obeisance : or by any speech, open deed,
or act, advisedly and wittingly attribute
any such manner of jurisdiction, autho
rity, or pre-eminence to the said see of
Rome, or to any bishop of the same see
for the time being, within this realm, or
in any the queen's dominions or coun
tries ; or be to any such offender or of
fenders abetting, procuring, or coun
selling, or aiding, assisting, or comfort
ing, upon purpose, and to the intent to
set forth, further, and extol the said
usurped power, authority, or jurisdic
tion, after such conviction and attainder
as is aforesaid, do eftsoons commit or
do the said offences or any of them, in
manner and form aforesaid, and be there
of duly convicted and attainted as is
aforesaid. " XI. And al«o, that if any the per
sons above named and appointed by this
act to take the oath aforesaid, do after
the space of three months next after the
first tender thereof, tbe second time re
fuse to take and pronounce, or do not
take and pronounce the same, in form
aforesaid to be tendered, that then every
such offender or offenders, for the same
second offence and offences, shall forfeit,
lose, and suffer such like and the same
pains, forfeitures, judgment and execu
tion, as is used in cases of high treason.
" XII. Provided always, that this
act, nor any thing therein
centained, nor any attainder N° corruption
* i i_ j i e j - of blood or
to be had by force and vir- forfeiture of
tue of this act, shall not ex- dower for any
tend to make any corrup- ffi ^» ">'
tion of blood, the dishe
riting of any heir, forfeiture of dower,
nor to the prejudice of the right or title
of any person or persons, other than the
right or title of the offender or offenders,
during his, her, or their natural lives
only. " XIII. And that it shall and may
be lawful to every person and persons,
to whom the right or interest of any
lands, tenements, or hereditaments, after
the death of any such offender or of
fenders, should or might have apper
tained, if no such attainder had been, to
enter into the same, without any ouster
le main to be sued, in such sort as he or

60

ANGLO-SAXON DOOMS

they might have done, if this act had
never been had ne made.
"XIV. Provided also, that the oath
expressed in the said act
et°presseed°ath made in the said first year'
anno 1 Eliz. shall be taken and ex-
c. 1, shall be pounded in such form as
expounded. ;s set forth m an admmi_
tion annexed to the queen's majesty's
injunctions, published in the first year
of her majesty's reign ; that is to say, to
confess and acknowledge in her majesty,
her heirs and successors, none other au
thority than that was challenged and
lately used by the noble King Henry the
Eighth and King Edward the Sixth;
as in the said admonition more plainly
may appear.
" XV. And be it enacted by the au-
In what courts thority aforesaid, that this
and places act shall be openly read,
?" sS-8£aIi published, and declared at
be pubhshed. r ,
every quarter-sessions by
the clerk of the peace, and at every leet
and law-day by the steward of the court,
and once in every term in the open hall
of every house and houses of court and
chancery, at the times, and by the per
sons thereunto to be limited and ap
pointed by the ford chancellor or keeper
of the great seal for the time being.
" XVI. And be it further enacted,
that every person which
Every knight, ilereafter shau be elected or
citizen, and . .
burgess of the appointed a knight, citizen,
parliament, or burgess, or baron for any
shall take the c *.i a j. r
said oath be- of t}}e *»ve Ports> for any
fore the lord parliament or parliaments
de™d °f hU hereafter t0 be Golden, shall
1 from henceforth, before he
shall enter into the parliament -house,
or have any voice there, openly receive
and pronounce the said oath before the
lord steward for the time being, or his
deputy or deputies for that time to be
appointed : and that he which shall enter
into the parliament-house without takitig
the said oath, shall be deemed no knight,
citizen, burgess, nor baron for that par
liament, nor shall have any voice, but
shall be to all intents, constructions, and
purposes, as if he had never been re
turned nor elected knight, citizen, bur
gess, or baron for that parliament, and
shall suffer such pains and penalties, as
if he had presumed to sit in the same
without election, return, or authority.
" XVII. Provided always, that for-
XT „ , asmuch as the queen's ma
rs one of or . . - . ^ ™ . ,
above the de- jesty isotherwisesumcientiy

assured of the faith and greeofabaroti
loyalty of the temporal lords shall be com-
of her high court of par- $%££&.
liament ; therefore this act,
nor any thing therein contained, shall
not extend to compel any temporal
person, of or above the degree of a
baron of this realm, to take or pro
nounce the oath abovesaid, nor to incur
any penalty limited by this act, for not
taking or refusing the same ; anything
in this act to the contrary in any wise
notwithstanding. " XVIII. Provided, and be it -en
acted by the authority afore
said, that charitable qivina Charitable ,
, ,, _, . * ", giving of alms
o/ reasonable alms to any of to offenders
the offender or offenders shall be no
above specified, without Sf""
fraud or covin, shall not be
taken or interpreted to be any such
abatement, procuring, counselling, aid
ing, assisting, or comforting, as thereby
the giver of such alms shall incur any
pain, penalty, or forfeiture appointed in
this act.
" XIX. Provided also, and be it en
acted by the authority of Peer8 offend.
thispresent parliament, that ing shall be
if any peer of this realm tried by their
shall hereafter offend con
trary to this act or any branch or article
thereof, that in that and all such case
and cases they shall be tried by their
peers, in such manner and form as in
other cases of treasons they have used
to be tried, and by none other means.
" XX. Provided also further, and be
it enacted, that no person 
ini i, j , ¦ . whoonlyfliall
shall be compelled by virtue be compelled
of this act to take the oath to take the
above-mentioned, at or upon ^Xnaer.
the second time of offering
the same, according to the form ap
pointed by this statute, except the same
person hath been, is, or shall be an ec
clesiastical person, that had, hath, or
shall have in the time of one of the
reigns of the queen's majesty's most
noble father, brother, or sister, or in
the time of the reign of the queen's
majesty, her heirs or successors, charge,
cure, or office in the church ; or such
person or persons as had, hath, or here
after shall have, any office or ministry
in any ecclesiastical court of this realm,
under any archbishop or bishop, in any
the times or reigns aforesaid ; or such
person or persons as shall wilfully refuse
to observe the orders and rites for divine

AND OTHER RECORDS.

61

service, that be authorised to be used
and observed in the Church of England,
after that he or they shall be publicly
by the ordinary, or some of his officers
for ecclesiastical causes, admonished to
keep and observe the same ; or such as
shall openly and advisedly deprave by
words, writings, or any other open fact,
any of the rites and ceremonies at any
time used and authorised to be used in
the Church of England; or that shall
say or hear the private mass prohibited
by the laws of this realm ; and that all
such persons shall be compellable to
take the oath upon the second tender or
offer of the same, and incur the penal
ties for not taking of the said oath, and
none other.
" XXI. And forasmuch as it is
doubtful, whether by the
It is not lawful i of this realm there be
to slay one . -
attainted in a any punishment for such
prcemunire. as kill or slay any person
St. V.'c. 22. or persons attainted in or
upon a prcemunire : be it
therefore enacted by authority afore
said, that it shall not be lawful to any
person or persons, to slay or kill any
person or persons in any manner at
tainted, or hereafter to be attainted, of,
in, or upon any prcemunire, by pretence,
reason, or authority of any judgment
given, or hereafter to be given, in or
upon the same, or by pretence, reason,
or force of any word or words, thing or
things contained or specified in any
Statute, or Law of Provision and Prae
munire or in any of them ; any law,
statute, or opinion, or exposition of any
law or statute to the contrary in any
¦wise notwithstanding.
" XXII. Saving always the due ex-
Punishments ecution of all and every per-
inflicted by son and persons attainted,
former laws. or to be attainted, for any
offence whereupon judgment of death
now is or ought to be, or hereafter may
lawfully be given, by reason of this
statute or otherwise ; and saving always
all and every such pains of death, or
other hurt or punishment, as heretofore
might, without danger of law, be done
upon any person or persons that shall
send or bring into this realm, or any
other the queen's dominions, or within
the same, shall execute any summons,
sentence, excommunication, or other
process against any person or persons,
from the Bishop of Rome for the time
being, or by or from the see of Rome,

or the authority or jurisdiction of the
same see.
" XXIII. Provided always, and be
it enacted by the authority TT , .
- . , f . J Upon what
aforesaid, that no person proof only any
or persons shall hereafter person may be
be indicted for assisting, lndlcted-
aiding, maintaining, comforting, or
abetting of any person or persons for
any the said offences, in extolling, set
ting for,th, or defending of the usurped
power and authority of the Bishop of
Rome, unless be or they be thereof law
fully accused by such good and suffi
cient testimony or proof, as by the jury
by whom he shall so be indicted, shall
be thought good, lawful, and sufficient,
to prove him or them guilty of the said
offences."

a.u. 1565. Stat. 8 ELIZABETHS.
Chapter I.
An Act declaring the mailing and conse
crating of the Archbishops and Bishops
of this Realm to be good, lawful, and
perfect.
" Forasmuch as divers questions, by
overmuch boldnessofspeech .
d. , , « Acts made _
talk amongst many of since i Eliz.
the common sort of people, for the conse-
being unlearned,hath lately ^flX^
grown upon the making archbishop or
and consecrating of arch- bishop, shall
bishops and bishops within Dyer, 234.
this realm, whether the A question
same were and be duly and ^k^"„fhe
orderly done, according to bishops were
the law, or not, which is du|y and
much tending to the slan- y one'
der of all the state of the clergy, being
one of the great states of this realm :
therefore, for the avoiding of such slan
derous speech, and to the intent that
every man that is willing to know the
truth, may plainly understand that the
same evil speech and talk is not grounded
upon any just matter or cause, it is
thought convenient hereby partly to
touch such authorities as do allow and
approve the making and consecrating of
the same archbishops and bishops to be
daly and orderly done, according to the
laws of this realm, and thereupon fur
ther to provide for the more surety
thereof, as hereafter shall be expressed.
"II. First, it is very well known to
all degrees of this realm,
that the late king of most & « en- 8-
famous memory, King

62

ANGLO-SAXON DOOMS

Henry the Eighth, as well by all the
clergy then of this realm, in their seve
ral convocations, as also by all the lords
spiritual and temporal, and commons,
assembled in divers of his parliaments,
was justly and rightfully recognised and
knowledged to have the supreme power,
jurisdiction, order, rule, and authority
over all the estate ecclesiastical of the
same, and the same power, jurisdiction,
and authority did use accordingly : and
that also the said late king,
^21) ' 8* in the five and twentieth year
of his reign,/lid by authority
of parliament, amongst other things, set
forth a certain order of the manner and
form how archbishops and bishops,
within this realm, and other his domin
ions, should be elected and made, as by
the same more plainly appeareth : and
that also the late king of worthy me
mory, King Edward the Sixth, did law
fully succeed the late King Henry his
father, in the imperial crown of this
realm, and did justly possess and enjoy
all the same power, jurisdiction, and au
thority before mentioned, as a thing to
him descended with the same imperial
crown, and so used the same during his
life : and that also the said late King
Edward the Sixth, in his
S & 6 Edw. 6, timei by author;ty of par
liament, caused a godly and
virtuous book, intituled ' The Book of
Common Prayer, and Administration of
Sacraments, and other Rites and Cere
monies in the Church of England,' to
be made and set forth, not only for one
uniform order of service, common prayer,
and the administration of sacraments, to
be used within all this realm, and other
his dominions, but also did add and put
to the same book a very good and godly
order of the manner and form how arch
bishops, bishops, priests, deacons, and
ministers should from time to time be
consecrated, made, and ordered within
this realm and other his dominions, as
by the same will and may appear ; and
although in the time of the
late Queen Mary, as well
the said act and statute
made in the five and twentieth year of
the reign of the said late King Henry
the Eighth, as also the several acts and
statutes made in the second, third, fourth,
fifth, and sixth years of the reign of the
said late King Edward, for the author
ising and allowing the said Book of
Common Prayer, and other the pre-

1 &2P. &
c. 8.

mises, amongst divers other acts and
statutes touching the said supreme au
thority, were repealed : yet nevertheless,
at the parliament holden at
Westminster in the first 1 Eliz- c- '•
year of the reign of our sovereign lady
the queen's majesty that now is, by one
other act and statute there made, all such
jurisdictions, privileges, superiorities, and
pre-eminences spiritual and ecclesiasti
cal, as by any spiritual or ecclesiastical
power or authority hath heretofore been,
or may lawfully be used over the eccle
siastical estate of this realm, and the
order, reformation, and correction of tbe
same, is fully and absolutely by the au
thority of the same parliament, united
and annexed to the imperial crown of
this" realm : and by the same act and
statute there is also given to the queen's
highness, her heirs and successors, kings
and queens of this realm, full power and
authority, by letters patent under the
great seal of England, from time to time
to assign, name, and authorise such per
son or persons as she or they shall think
meet and convenient, to exercise, use*
occupy, and execute under her highness,
all manner of jurisdiction, privileges;
pre-eminences, and authorities, in any
wise touching or concerning any spi
ritual or ecclesiastical power or jurisdic
tion within this realm, or any other her
highness' dominions or countries ; and
also by the same act and statute, the
said act made in the five and twentieth
year of the reign of the said late King
Henry the Eighth, for the order and
form of the electing and making of the
said archbishops and bishops, together
with divers other statutes touching the
jurisdiction over the state ecclesiastical,
is revived and made in full force and
effect, as by the same act and statute
more plainly appeareth : and that also
by another act and statute made in the
said parliament in the first year of the
reign of our said sovereign lady, inti
tuled ' An Act for the Uni
formity of Common Prayer, ' E lz' c'
and Service in the Church, and the Ad
ministration of Sacraments,' the said
Book of Common Prayer, and the Ad
ministration of Sacraments, and other
the said orders, rites, and ceremonies be
fore mentioned, and all things therein
contained, with certain additions therein
newly added and appointed by the said
statute, is fully established and autho
rised to be used in all places within this

AND OTHER RECORDS.

63

realm, and all other the queen's majesty's
dominions and countries ; as by the said
act, amongst other things, more plainly
appeareth : whereupon our said sovereign
lady the queen's most excellent majesty,
being most justly and lawfully invested
in the imperial crown of this realm,
with all authorities, pre-eminences, and
dignities thereto appertaining, and there
by having in her majesty's order and
disposition all the said jurisdictions,
power, and authorities over the state
ecclesiastical and temporal, as well in
causes ecclesiastical as temporal, within
this realm and other her majesty's do
minions and countries, hath by her su
preme authority at divers times sithence
the beginning of her majesty's reign,
caused divers and sundry grave and well
learned men to be duly elected, made,
and consecrated archbishops and bishops
of divers archbishopricks and bishop-
ricks within this realm, and other her
majesty's dominions and countries, ac
cording to such order and form, and
with such ceremonies in and about their
consecrations as were allowed and set
forth by the said acts, statutes, and orders,
annexed to the Book of Common Prayer
before-mentioned: andfur-
w.E^»y ther, for the avoiding of all
her supreme .... , ° .
authority ambiguities and questions
caused divers that might be objected
elertedand16 against the lawful confirm-
consecrated ations, investing, and con-
andhbisShoPsS aerations of the said arch
bishops and bishops, her
highness, in her letters patents under the
great seal of England, directed to any
archbishop, bishop, or others, for the con
firming, investing, and consecrating of
any person elected to the office or dignity
ofanyarchbishop or bishop, hath not only
used such words and sentences as were
accustomed to be used by the said late
King Henry and King Edward, her ma
jesty's father and brother, in their like
letters patents made for such causes, but
Th. „.,„o.... also hath used and put in
the queens . . . \
dispensation of her majesty s said letters
all doubts of patents divers other general
o75iiabmt°y S wordsand sentences, where
of electing by her highness, by her
bishops. supreme power and autho
rity, hath dispensed with all causes or
doubts of any imperfection or disability
that can or may in any wise be objected
against the same, as by her majesty's
said letters patents remaining of record
more plainly will appear : so that to all

those that will well consider of the effect
and true intent of the said laws and sta
tutes, and of the supreme and absolute
authority of the queen's highness, and
which she, by her majesty's said letters
patents, hath used and put in use in
and about the making and consecrating
of the said archbishops and bishops, it
is and may be very evident and appa
rent, that no cause of scruple, ambiguity,
or doubt, can or may justly be objected
against the said elections, confirmations,
or consecrations, or any other material
thing meet to be used or had in or about
the same ; but that every thing requisite
and material for that purpose hath been
made and done as precisely, and with as
great a care and diligence, or rather more,
as ever the like was done before her ma
jesty's time, as the records of her ma
jesty's said father and brother's time, and
also of her own time, will more plainly
testify and declare.
"III. Wherefore for the plain de
claration of all the pre- A confirma.
miscs, and to the intent that tion of the
the same may the better *t*t°teof-
, . J ~ , 1 Eliz. c. 2.,
be known to every ot the touching the
queen's majesty's subjects, Book of Com-
whereby such evil speech r^inis-
as heretofore hath been used tration of the
against the high state of Sacraments.
prelacy may hereafter cease, be it now
declared and enacted by the authority of
this present parliament, that the said act
and statute made in the first year of the
reign of our said sovereign lady the
queen's majesty, whereby the said Book
of Common Prayer and the Administra
tion of Sacraments, with other rites and
ceremonies, is authorised and allowed to
be used, shall stand and remain good
and perfect, to all respects and purposes :
and that such order, and form for the
consecrating of archbishops
, . . . & , - . t . A confirma-
and bishops, and for the tion of the
making of priests, deacons, statute of
and ministers, as was set |*.B1^dto'uci1.
forth in the time of the said ing the form
late King Edward the Sixth, J^f^™',1"8
and added to the said Book &cc. ls ops'
of Common Prayer, and
authorised by parliament in the fifth and
sixth years of the said late king, shall
stand and be in full force and effect, and
shall from henceforth be used and ob
served in all places within this realm,
and other the queen's majesty's domin
ions and countries.
" IV. And that all acts and things

64

ANGLO-SAXON DOOMS

All acts done heretofore had, made, or
by any person done by any person or per-
abnut conse- sons m 0r about any conse
cration, or L. a .•
investing any cration, conhrmation, or
person elected investing of any person or
n° hvlrme of Persons elected to the office
the queen's or dignity of any archbishop
letters patent or hlshop within this realm,
sithence the .i( . ., „ ..n
beginning of or within any other the
her reign, queen's majesty's dominions
shall be good. or cou,ltries, by virtue of
the queen's majesty's letters patents or
commission sithence the beginning of
her majesty's reign, be and shall be by
authority of this present parliament de
clared, judged, and deemed at and from
every of the several times of the doing
thereof, good and perfect to all respects
and purposes ; any matter or thing that
can or may be objected to the contrary
thereof-in any wise notwithstanding.
" V. And that all persons that have
been, or shall be made, or-
rn'ade'aTto «ered, or consecrated arch-
be made bishops, bishops, priests,
bishops, ministers of God'sholy word
priests, minis- , ,J
tors &c, ac- and sacraments, or deacons,
cording to the after the form and order
statute of S& 6 preser;beQ in the saia oraer
fc,dw. 6., c. 1., ' - ....
be rightly and form how archbishops,
made. bishops, priests, deacons,
and ministers should be con
secrated, made, and ordered, be in very
deed, and also by authority hereof de
clared and enacted to be, and shall be
archbishops, bishops, priests, ministers,
and deacons, and rightly made, ordered,
and consecrated ; any statute, law, canon,
or other thing to the contrary notwith
standing. " VI. Provided always, and never-
., theless be it enacted by the
No person ,....*¦ • i iU \
shall be im- authority aforesaid, that no
peached by person or persons shall at
^anTbisnof "V time hereafter be im-
heretofore peached or molested, in body,
made, tou'^'" lands, livings, or goods, by
supremacy occasion or mean of any
made. certificate by any archbishop
1 E iz. u. 1. Qr njjh0p heretofore made,
or before the last day of this present
session of parliament to be made, by
virtue of any act made in the first ses
sion of this present parliament, touching
or concerning the refusal of the oath
declared and set forth by act of parlia
ment in the first year of the reign of our
said sovereign lady Queen Elizabeth ;
any thing in this act, or any other act or

statute heretofore made to the contrary
notwithstanding. " And that all tenders of the said oath,
made by any archbishop or bishop afore
said, or before the last day of this pre
sent session to be made by authority of
any act established in the first session of
this present parliament, and all refusals
of the same oath so tendered, or before
the last day of this present session to be
tendered, by any archbishop or bishop,
by authority of any act established in the
first session of this present parliament,
shall be void and of none effect or vali
dity in the law."

Stat. 13 ELIZABETHS, c. 2.
*. u. 1570.
An Act against the bringing in, and put
ting in execution of Bulls, Writings, or
Instruments, and other superstitious
things, from the See of Rome.
" Where in the parliament holden at
Westminster in the fifth A rrtear8a, of
year of the reign of our the statute of
sovereign lady the queen's 5Eliz. c. 1.,
. . ., . ¦ , touching the
majesty that now is, by one aboiish,ngof
act and statute then and the authority
there made, intituled, ' An °^h6e(,^^op
Act for the assurance of Rome.
the Queen's Majesty's Royal
Power over all States and Subjects within
her Highness' Dominion,' it is among
other things very well ordained and
provided, for the abolishing of the
usurped power and jurisdiction of the
Bishop of Rome and of the see of Rome,
heretofore unlawfully claimed and
usurped within this realm, and other the
dominions to the queen's majesty be
longing, that no person or persons shall
hold or stand with, to set forth, main
tain, defend, or extol, the same usurped
power, or attribute any manner of juris
diction, authority, or pre-eminence, tq
the same, to be had or used within this
realm, or any the said dominions, upon
pain to incur the danger, penalties, and
forfeitures, ordained and provided by
the Statute of Provision and Praemunire,
made in the sixteenth year
of the reign of King Rich- Ifi K 2' c' '
ard the Second, as by the same act
more at large it doth and may appear :
and yet nevertheless, divers seditious and
very evil-disposed people, without the
respect of their duty to Almighty God,

AND OTHER RECORDS.

65

Or of the faith and allegiance which they
ought to bear and have to our said so
vereign lady the queen, and without all
fear and regard had to the said good law
and statute, or the pains therein limited,
but minding, as it should seem, very se
ditiously and unnaturally, not only to
bring this realm and the imperial crown
thereof (being in very deed of itself
most free), into the thraldom and sub
jection of that foreign, usurped, and un
lawful jurisdiction, pre-eminence, and
authority, claimed by the said see of
Rome ; but also to estrange and alienate
the minds and hearts of sundry of her
majesty's subjects from their dutiful
obedience, and to raise and stir sedition
and rebellion within this realm, to the
disturbance of the most happy peace
thereof; have lately procured and ob
tained to themselves from
The effect of the said Bishop of Rome
bulls brought j .¦ -j .
from Rome. and hls said see> "l^ers
bulls and writings, the ef
fect whereof hath been, and is, to ab
solve and reconcile all those that will
be contented to forsake their due obedi
ence to our most gracious sovereign lady
the queen's majesty, and to yield and
subject themselves to the said feigned,
unlawful, and usurped authority ; and
by colour of the said bulls and writings,
the said wicked persons very secretly,
and most seditiously, in such parts of
this realm where the people for want of
good instruction, are most weak, simple,
and ignorant, and thereby farthest from
the good understanding of their duties
towards God and the queen's majesty,
have by their lewd and subtil practices
and persuasions so far forth wrought,
that sundry simple and ignorant persons
have been contented to be reconciled to
to the said usurped authority of the see
of Rome, and to take absolution at the
hands of the said naughty and subtil
practisers ; whereby hath grown great
disobedience and boldness in many, not
only to withdraw and absent themselves
from all divine service, now most godly
set forth and used within this realm, but
have also thought themselves discharged
of and from all obedience, duty, and
allegiance, to her majesty, whereby most
wicked and unnatural rebellion hath en
sued, and to the further danger of this
realm is hereafter very like to be re
newed, if the ungodly and wicked at
tempts in that behalf be not by severity
of laws in time restrained and bridled :

" II. For remedy and redress whereof,
andltopreventthegreatmis- Putting ln ure
chiefs and inconveniences any bull of
that thereby may ensue, be absolution or
;.. . j . .. , reconciliation
it enacted by the queen s from the
most excellent majesty,with Bishop of
the assent of the lords spiri- Rome.
tual and temporal, and the commons, in
this present parliament assembled, and by
the authority of the same, that if any per ¦
son or persons, after the first day of July
next coming, shall use or put in ure in
any place within this realm, or in any
of the queen's dominions, any such bull,
writing, or instrument, written or
printed, or absolution or reconciliation,
at any time heretofore obtained and gotten,
or at any time hereafter to be obtained
or gotten, from the said Bishop of Rome
or any his successors, or from any other
person or persons authorized or claiming
authority by or from the said Bishop of
Rome, his predecessors, or successors, or
see of Rome ; or if any person Abso,ving or
or persons after the said reconciling of
first day of July shall take any person,
,_ ¦ L, , , and being
upon him or them, by colour absolved or
of any such bull, writing, reconciled.
instrument, or authority, to absolve or
reconcile any person or persons, or to
grant or promise to any person or per
son within this realm, or any other the
queen's majesty's dominions, any such
absolution or reconciliation, by any
speech, preaching, teaching, writing, or
any other open deed ; or if any person
or persons within this realm or any the
queen's dominions, after the said first day
of July shall willingly receive and take
any such absolution and reconciliation :
"III. Or else if any person or per
sons have obtained or Getting of any
gotten since the last day of bull from
the parliament holden in SgTy"
the first year of the queen's matter what.
majesty's reign, or after the soeye r, or
said first day of July shall putting in ure
obtain or get, from the said the same.
Bishop of Rome, or any his J0gnst- 101'
successors or see of Rome, Dyer, 363.
any manner of bull, writing, P1' 2s'
or instrument, written or printed, con
taining any thing, matter, or cause,
whatsoever, or shall publish, or by any
ways or means put in ure, any such bull,
writing, or instrument ; that then all
and every such act and acts, offence and
offences, shall be deemed and judged by
the authority of this act to be high
treason ; and the offender and offenders

66

ANGLO-SAXON DOOMS,

therein, their procurers, abettors, and
counsellors, to the fact and committing
of the said offence or offences, shall be
deemed and adjudged high traitors to
the queen and the realm ; and being
thereof lawfully indicted and attainted
according to the course of the laws of this
realm, shall suffer pains of death, and
also lose and forfeit all their lands, tene
ments, hereditaments, goods, and chat
tels, as in cases of high treason by the
laws of this realm ought to be lost and
forfeited. " IV. And be it further enacted by
Aiders, com. the authority aforesaid, that
forters, and all and every aiders, com-
maintainers of forters, or maintainers, of
offenders after L, .-, ~ -,
the offence. any the said offender or
16 Rich. 2, offenders, after the com-
c" mitting of any the said acts
or offences, to the intent to set forth
uphold, or allow the doing or execution
of the said usurped power, jurisdiction,
or authority, touching or concerning the
premises, or any part thereof, shall incur
the pains and penalties contained in the
Statute of Praemunire, made in the six
teenth year of the reign of King Richard
the Second.
" V. Provided always, and be it
further enacted by the au-
S^dSctaSng th°rity aforesaid' that if
a bull or any person or persons, to
reconciliation whom any such absolution,
reconciliation, bull, writing
or instrument, as is aforesaid, shall after
the said first day of July be offered,
moved or persuaded to be used, put in
ure, or executed, shall conceal the same
offer, motion, or persuasion, and not
disclose and signify the same by
writing or otherwise, within six weeks
then next following, to some of the
queen's majesty's privy council, or else
to the president or vice-president of the
queen's majesty's council established in
the north parts, or in the marches of
Wales, for the time being, that then the
same person or persons so concealing
and not disclosing, or not signifying,
the said offer, motion, or persuasion,
shall incur the loss, danger, penalty, and
forfeiture, of misprision of high treason :
*' VI. And that no person or persons
shall at any time hereafter be impeached,
molested, or troubled, in or for misprision
of treason, for any offence of offences
made treason by this act, other than
such as by this act are before declared to
be in case of misprision of high treason.

" VII. And be in further enacted by
the authority aforesaid, that
if any person or persons *~ lor"
shall at any time after the using of Agnus
said first day of July bring Dei, pictures,
¦ , ., ¦ ; e -c, i j crosses, S.c.
into this realm ot .Lnglana,
or any the dominions of the same, any
token or tokens, thing or things, called
or named by tbe name of Agnus Dei, or
any crosses, pictures, beads, or such like
vain and superstitious things, from the
bishop or see of Rome, or from any
person or persons authorized or claiming
authority by or from the said bishop or
see of Rome, to consecrate or hallow the
same ; (which said Agnus Dei is used to
be specially hallowed and consecrated, as
it is termed, by the said bishop in his own
person, and the said crosses, pictures,
beads, and such like superstitious things,
being also hallowed either by the same
bishop, or by others having power or
pretending to have power for the same
by or from him or his said see ; and
divers pardons, immunities, and exemp
tions granted by the authority of the
said see to such as shall receive and use
the same:) and that if the same person
or persons so bringing in, as is aforesaid,
such Agnus Dei and other like things as
have been before specified, shall deliver,
or cause or offer to be delivered, the same,
or any of them, to any subject of this
realm, or of any the dominions of the
same, to be worn or used in any wise :
that then, as well the same person and
persons so doing, as also all and every
other person or persons which shall
receive and take the same, to the intent
to use or wear the same, being thereof
lawfully convicted and attained by the
order of the common laws of this realm,
shall incur the dangers, penalties, pains,
and forfeitures, ordained and provided
by the Statute of Praemunire
and Provision made in the 16 Rich. 2,
sixteenth year of the reign Cl J'
of King Richard the Second.
" VIII. Provided nevertheless, and
be it further enacted by , i,„„j-„„
.. , . . ' Apprehending
the authority aforesaid, an offender, or
that if any person or per- disclosing his
sons to whom any such name-
Agnus Dei or other the things aforesaid
shall be tendered and offered to be de
livered, shall apprehend the party so
offering the same, and bring him to the
next justice of peace of that shire where
such tender shall be made, if he shall be
of power and able so to do, or for lack

AND OTHER RECORDS.

67'

of such ability shall within the space of
three days next after such offer made as
is aforesaid, disclose the name and
names of such person or persons as so
shall make the same offer, and the
dwelling place or place of resort of the
same person or persons, (which he shall
endeavour himself to know by all the
ways and means he can,) to the ordinary
of that diocese, or to any justice of peace
_ ,. . of that shire where such
Delivering an ,
Agnus Dei to person or persons to whom
the ordinary, such offer shall be made
peace"8"06 °f as is aforesai<l shaU be re-
siant ; and also if such per
son or persons to whom such offer shall
be made shall happen to receive any
such Agnus Dei or other thing above
remembered, and shall within the space
of one day next after such receipt de
liver the same to any justice of peace.
within the same shire where the party
so receiving shall be then resiant or
shall happen to be : that then every
such person or persons doing any the
acts or things in this provision above-
mentioned, in form above-declared, shall
not by force of this statute incur any
danger or penalty appointed by this
statute, or any other pain or penalty ;
this act or any thing therein contained
to the contrary in any wise notwith
standing. " IX. And be it further enacted
A pardon to b-v the authority aforesaid,
them that shall that all and every person
bring in to be anc[ persons which at any
cancelledthose . ¦ ., , c
bulls which tlrae slnce the beginning of
before they the first year of the queen's
received. majesty's reign that now
is, have brought or caused to be brought
into this realm any such bulls, writings,
or instruments of reconciliation only as
are above mentioned, and now have any
of the same bulls, writings, or instru
ments in his or their hands or custody,
and shall and do, within the space of
three months next after the end of any
session or dissolution of this present
parliament, bring and deliver all such
bulls, writings, and instruments which
they or any of them now have in his or
their custody to the bishop of the dio
cese where such absolution hath been
given and received, to the intent that
the same bulls, writings, or instruments
may be cancelled and defaced, and shall
openly and publicly before such bishop
confess and acknowleege his or their
offence therein, and humbly desire to be

received, restored, and admitted to the
Church of England, shall stand and be
clearly pardoned and discharged of all
and every offence and offences done or
committed in any matter or cause con
cerning any of the said bulls, writings,
or instruments for or touching such ab
solution or reconciliation only. And
that all and every person or persons
which have received or taken any abso
lution from the said Bishop
of Rome, or his said see of 4,P?rdon°'
r, r. •,. a11 those that
Kome, or 01 any reconciha- have been
tion unto the said Bishop reconciled to
of Rome or to the said see kom^and t°o
of Rome, sithence the said confess it, and
first year of the reign of J^™" them-
our said sovereign lady the
queen, and shall, within the said space
of three months next after any session or
dissolution of this present parliament,
come before the bishop of the diocese of
such place where such absolution or
reconciliation was had or made, and
shall publicly and openly before the
same bishop confess and acknowledge
his or their offence therein, and humbly
desire to be received, restored, and ad
mitted to the Church of England, shall
likewise stand and be clearly pardoned
and discharged of all and every offence
and offences done or committed in any
matter or cause concerning the said bulls,
writings, or instruments, for or touch
ing only receiving of such absolution or
reconciliation, and for and concerning
all absolution or reconciliation had or
received by colour of any the said bulls,
writings or instruments only.
" X. Provided also, and be it further
enacted by the authority Thepenaltyof
aforesaid, that if any jus- a justice of
tice of peace to whom any peace not
r a, \ e disclosing an
matter or offence before- offence
mentioned shall be uttered, declared unto
showed, or declared as is •
aforesaid, do not, within the space of
fourteen days next after it shall be to
showed or uttered, signify or declare the
same to some one of the queen's ma
jesty's privy council, that then the same
justice of peace shall incur the danger,
pain, and forfeiture provided by the said
statute made in the said sixteenth year ol
King Richard the Second.
" XI. Provided also, and be it fur
ther enacted by the autho-
rity aforesaid, that if any ™ °fa* by
nobleman, being a peer of his peers.
this realm, shall at any

F 2

68

ANGLOiSAXON DOOMS,

time hereafter happen to be indicted for
the offence or offences aforesaid, that
then every such nobleman and peer of
this realm shall have his trial by his
peers, as in cases of high treason and
misprision of treason hath heretofore
been accustomed or used :
" XII. Saving to all and every per
son and persons, bodies
A saving of v.* j .. ¦
the rights of politic and corporate, their
others. Fur- heirs and successors, and
ther provisions the beirs and succeSsors of
relating „ , . ,
hereto. every of them, other than
13 & 14 Car. 2, the said offenders and their
c. 6* ig & heirs claiming only as heir
M. St. 1, c. 18; or heirs to any such of-
5 A,nM' £" 5;„ fenders, and such person
and 23 Geo. 2, , ¦, . r
c 28. ana persons as claim to any
their uses, all such rights,
titles, interests, possessions, leases, rents.
reversions, remainders, offices, fees, and
all other profits, commodities, and here
ditaments as they or any of them shall
have at the day of the committing of
such offence or offences, or at any time
before, in as large and ample a manner
to all intents and purposes as if this act
had never been had nor made ; anything
herein contained to the contrary thereof
notwithstanding. "

Stat. 23 ELIZABETHS, c. 1.
a.u. 1851.
An Act to retain the Queen's Majesty's
Subjects in their due Obedience.
" Wheue sithence the statute made in
the thirteenth year of the
3 Inst. 198.

13 Eliz. c. 2. rejgn 0f the queen our so

vereign lady, intituled, ( An
Act against the bringing in, and putting
in execution of Bulls, Writings, and
Instruments, and other superstitious
things from, the See of Rome,' divers
evil affected persons have practised, con
trary to the meaning of the said statute,
by other means than by bulls or instru
ments written or printed, to withdraw
divers the queen's majesty's subjects
from their natural obedience to her ma
jesty, to obey the said usurped authority
of Rome, and in respect of the same to
persuade great numbers to withdraw
their due obedience from her majesty's
laws, established for the due service of
Almighty God.
" II. For reformation whereof, and

to declare the true mean-
ing of the said law, be it 'Sraw"any
declared and enacted by from the reli-
the authority of this pre- Kjon esta-
v ' ai_ . n blished to the
sent parliament, that all Romish reli-
persons whatsoever, which gion.
have or shall have, or shall 1 Leoa m .
pretend to have power, or shall by any
ways or means put in practice to absolve,
persuade, or withdraw any of the queen's
majesty's subjects, or any within hcrhigh-
ness's realms and dominions, from their
natural obedience to her majesty : or to
withdraw them for that intent from the
religion now by her highness's authority
established within her highness's domi
nions, to the Romish religion, or to
move them or any of them to promise
any obedience to any pretended au
thority of the see of Rome, or of any
other prince, state, or potentate, to be
had or used within her dominions, or
shall do any overt act to that intent or
purpose; and every of them shall be to
all intents adjudged to be traitors, and
being thereof lawfully convicted, shall
have judgment, suffer and forfeit, as in
case of high treason. And
if any person shall, after J' !n:1" ?e ,
., ' , r „ ... . treason to be
the end ot this session of reconciled or
parliament, by any means withdrawn to
be willingly absolved or reng?°nm,sh
withdrawn as aforesaid, or
willingly be reconciled, or shall promise
any obedience to any such pretended
authority, prince, state, or potentate, as
is aforesaid, that then every such person,
their procurers and counsellors there
unto, being thereof lawfully convicted,
shall be taken, tried, and judged, and
shall suffer and forfeit as in cases of
high treason."

Stat. 10 GEORGII IV. c. 7. a.d. 1829.
An Act for the Relief of His Majesty's
Roman Catholic Subjects.
"Whereas by various acts of parlia
ment certain restraints and disabilities
are imposed on the Roman catholic sub
jects of bis majesty, to which other sub
jects of his majesty are not liable ; and
whereas it is expedient that such re
straints and disabilities shall be from
henceforth discontinued ; and whereas
by various acts certain oaths and certain
declarations, commonly called the de
claration against transubstantiation, and
the declaration against transubstantiation

AND OTPIER RECORDS.

69

and the invocation of saints and the sacri
fice of the mass, as practised in the
church of Rome, are or may be required
to be taken, made, and subscribed, by
the subjects of his majesty, as qualifica
tions for sitting and voting in parliament,
and for the enjoyment of certain offices,
franchises, and civil rights; be it en
acted by the king's most excellent ma
jesty, by. and with the advice and consent
of the lords spiritual and temporal, and
commons in this present parliament as-
. , , sembled, and by the au-
Acts relating ., c ., .,
to declarations thority of the same, that
against tran- from and after the com-
!"£f aviation, mencement of this act all
repealed.. , /• i • i
such parts ot the said acts
as require the said declarations, or either
of them, to be made or subscribed by
any of his majesty's subjects, as a quali
fication for sitting and voting in parlia
ment, or for the exercise or enjoyment of
any office, franchise, or civil right, be
and the same are (save as hereinafter
provided and excepted) hereby repealed.
" II. And be it enacted, that from
and after the commence-
JtmmaVsith0" ™«t °f this act i.t shall.be
and vote in lawful for any person pro-
parliament on fessing the Roman catholic
taking the fol- v ¦ i ¦
lowing oath, religion, bemg a peer, or
who shall after the com
mencement of this act be returned as a
member of the house of commons, to sit
and vote in either house of parliament
respectively, being in all other respects
duly qualified to sit and vote therein,
upon taking and subscribing the fol
lowing oath, instead of the oaths of al
legiance, supremacy, and abjuration:
" ' I, A. B.t do sincerely promise and
swear, that I will be faithful and bear
true allegiance to his majesty King
George the Fourth, and will defend him
to the utmost of my power against all
conspiracies and attempts whatever,
which shall be made against his person,
ci;own, or dignity ; and I will do my
utmost endeavour to disclose and make
known to his majesty, his heirs, and suc
cessors, all treasons and traitorous con
spiracies which may be formed against
him or them ; and I do faithfully promise
to maintain, support, and defend, to the
utmost of my power, the succession of
the crown, which succession, by an act,
intituled," An Act for the further Limi
tation of the Crown, and better securing
the Rights and Liberties of the Subject,"
is and stands limited to the Princess

Sophia, electress of Hanover, and the
heirs of her body, being protestants ;
hereby utterly renouncing and abjuring
any obedience or allegiance unto any
other person claiming or pretending a
right to the crown of this realm ; and I
do further declare, that it is not an
article of my faith, and that I do re
nounce, reject, and abjure the opinion,
that princes excommunicated or deprived
by the Pope, or any other authority of
the see of Rome, may be deposed or
murdered by their subjects, or by any
person whatsoever ; and I do declare,
that I do not believe that the Pope of
Rome, or any other foreign prince,
prelate, person, state, or potentate, hath
or ought to have any temporal; or civil
jurisdiction, power, superiority, or pre
eminence, directly or indirectly, within
this realm. I do swear that I will
defend, to the utmost of my power, the
settlement of property within this realm,
as established by Ihe laws ; and I do
hereby disclaim, disavow, and solemnly
abjure any intention to subvert the
present church establishment as settled
by law, within this realm ; and I do
solemnly swear, that I never will ex
ercise any privilege to which I am or
may become entitled, to disturb or
weaken the protestant religion or protest
ant government in the United Kingdom ;
and I do solemnly, in the presence of
God, profess, testify, and declare, that I
do make this declaration, and every part
thereof, in the plain and ordinary sense
of the words of this oath, without any
evasion, equivocation, or mental reserv
ation whatsoever. "So help me God." '
" III. And be it further enacted, that
wherever, in the oath hereby
appointed and set forth, the T'- name of
name of his present majesty for the time
is expressed or referred to, being to be
,, l ,. ^. ¦ used in the
the name ot the sovereign oatn
of this kingdom for the
time being, by virtue of the act for the
further limitation of the crown and
better securing the rights and liberties
of the subject, shall be substituted from
time to time, with proper words of re
ference thereto.
" IV. Provided always, and be itfurther
enacted, that no peer pro- No Roman
fessing the Roman catholic catholic
religion, and no person pro- ^]g%0/
fessing the Roman catholic voting until lie
religion, who shall be re- ^htokcn tho
turned a member of the

F 3

70

ANGLO-SAXON DOOMS,

house of commons, after the commence
ment of this act, shall be capable of sitting
or voting in either house of parliament re
spectively, unless he shall first take and
subscribe the oath hereinbefore appointed
and set forth before the same persons, and
at the same times and places, and in the
same manner as the oaths and the declara
tion now required bylaw are respectively
directed to be taken, made, and sub
scribed ; and that any such person pro
fessing the Roman catholic religion, who
shall sit or vote in either house of par
liament, without having first taken and
subscribed, in the manner aforesaid, the
oath in this act appointed and set forth,
shall be subject to the same penalties,
forfeitures, and disabilities, and the
offence of so sitting or voting shall be
followed and attended by and with the
same consequences, as are by law enacted
and provided in the case of persons sitting
or voting in either house of parliament
respectively, without the taking, making
and subscribing the oaths and the de
claration now required by law.
" V. And be it further enacted, that
it shall be lawful for per-
Roman catho- sons professing the Roman
lies may vote *;. .. i P
at elections, catholic rehgion to vote at
and be elected, elections of members to
"hToatt!^ serve in parliament for Eng
land and for Ireland, and
also to vote at the elections of represen
tative peers of Scotland and of Ireland,
and to be elected such representative
peers, being in all other respects duly
qualified, upon taking and subscribing
the oath hereinbefore appointed and set
forth, instead of the oaths of allegiance,
supremacy, and abjuration, and instead
of the declaration now by law required,
and instead also of such other oath or
oaths as are now by law required to be
taken by any of his majesty's subjects,
professing the Roman catholic religion,
and upon taking also such other oath or
oaths as may now be lawfully tendered
to any person offering to vote at such
elections. " VI. And be it further enacted, that
the oath hereinbefore ap-
admmirterebde pointed and set forth shall
in the same be administered to his ma-
manner a^, jesty's subjects professing
the Roman catholic re
ligion, for the purpose of enabling them
to vote in any of the cases aforesaid, in
the same manner, at the same time, and
by the same officers or other persons as

the oaths for which it is hereby substi
tuted are or may be now by law ad
ministered ; and that in all cases in
which a certificate of the taking, making,
or subscribing, of any of the oaths, or of
the declaration now required by law is
directed to be given, a like certificate of
the taking or subscribing of the oath
hereby appointed and set forth shall be
given by the same officer or other person,
and in the same manner as the certificate
now required by law is directed to be given,
and shall be of the like force and effect.
" VII. And be it further enacted,
that in all cases where the
persons now authorized by Persons ad-
i j ¦ ¦ x .1 ., ministering
law to administer the oaths oatns at elec-
of allegiance, supremacy, tions to take
and abjuration, to persons flimsier.
voting at elections, are
themselves required to take an oath pre
vious to their administering such oaths,
they shall, in addition to the oath now
by them taken, take an oath for the duly
administering the oath hereby appointed
and set forth, and for the duly granting
certificates of the same.
" VIII. And whereas in an act of
the parliament of Scotland
made in the eighth and %"Zt°I
ninth session of the first require the
parliament of King Wil- formula coii-
f. , .™ - , • ¦ . , , tained in 8 &
liam the Ihird, intituled, g Gul. 3, c. 3,
' An Act for the preventing [Sc.j to be
the Growth of Popery,' a \HX '
certain declaration or for- repealed.
mula is therein contained, Roman catho-
...... ,. . , ,, lies may elect
which it is expedient should ana be elected
no longer be required to members for
be taken and subscribed ; Scotland-
be it therefore enacted, that such parts
of any acts as authorize the said declara- .
tion or formula to be tendered, or re-
^ lire the same to be taken, sworn, and
subscribed, shall be and the same are
hereby repealed, except as to such offices,
places, and rights, as are hereinafter
excepted ; and that from and after the
commencement of this act it shall be
lawful for persons professing the Roman
catholic religion to elect and be elected
members to serve in parliament for
Scotland, and to be enrolled as free
holders in any shire or stewartry for
Scotland, and to be chosen commissioners
or delegates for choosing burgesses to
serve in parliament for any districts of
burghs in Scotland, being in all other
respects duly qualified, such persons al
ways taking and subscribing the oath

AND OTHER RECORDS.

71

hereinbefore appointed and set forth,
instead of the oaths of allegiance and
abjuration as now required by law, at
such time as the said last-mentioned
oaths, or either of them, are now re
quired by law to be taken.
" IX. And be it further enacted, that
No Roman "° Pe«on in holy orders in
catholic priest tl,e church of Rome shall
to sit in the be capable of being elected
house of . • t
commons. to serve ln parliament as a
member of the house of
commons j and if any such person shall
be elected to serve in parliament as
aforesaid, such election shall be void ;
and if any person, being elected to serve
in parliament as a member of the house
of commons shall, after his election, take
or receive holy orders in the church of
Rome, the seal of such person shall im
mediately become void ; and if any such
person shall, in any of the cases afore
said, presume to sit or vote as a member
of the house of commons, he shall be
subject to the same penalties, forfeitures,
and disabilities, as are enacted by an act
passed in the forty- first year of the reign
of King George the Third, intituled,
' An Act to remove Doubts respecting
the Eligibility of Persons in Holy
Orders to sit in the House of Commons ; '
and proof of the celebration of any re
ligious service by such person, according
to the rites of the church of Rome, shall
be deemed and taken to be prima facie
evidence of the fact of such person being
in holy orders, within the intent and
meaning of this act.
" X. And be it enacted, that it shall
„ be lawful for any of his
Roman cat ho- . . , ,. . c
lies may hold majesty s subjects profess-
civil and mili- ing the Roman catholic re-
tary offices ligion to hold, exercise, and
under his °. ,, ¦ ¦! , -,V
majesty, with enjoy all civil and military
certain excep- offices and places of trust
Ions' or profit under his majesty,
his heirs, or succesors, and to exercise
any other franchise or civil right, except
as hereinafter excepted, upon taking
and subscribing, at the times and in the
manner hereinafter mentioned, the oath
hereinbefore appointed and set forth,
instead of the oaths of allegiance, su
premacy, and abjuration, and instead of
such other oath or oaths as are or may
be now by law required to be taken for
the purpose aforesaid by any of his
majesty's subjects professing the Roman
catholic religion.

" XI. Provided always, and be it en
acted, that nothing herein
contained shall be con- Not to exempt
. . . Roman catho.
strued to exempt any per- i,cs from
son professing the Roman taking any
catholic religion from the °e'quii-eu\hS
necessity of taking any oath
or oaths, or making any declaration, not
hereinbefore mentioned, which are or
may be by law required to be taken or
subscribed by any person on his admis
sion into any such office or place of
trust or profit as aforesaid.
"XII. Provided also, and be it fur
ther enacted, that nothing
herein contained shall ex- Offices with-
tend or be construed to ^ ^mJ£
extend to enable any person
or persons professing the Roman catho
lic religion to hold or exercise the office
of guardians and justices of the United
Kingdom, or of regent of the United
Kingdom, under whatever name, style
or title such office may be constituted;
nor to enable any person, otherwise than
he is now by law enabled, to hold or
enjoy the office of lord high chancellor,
lord keeper or lord commissioner of the
great seal of Great Britain or Ireland ;
or the office of lord lieutenant, or lord
deputy, or other chief governor or gover
nors of Ireland ; or his majesty's high
commissioner to the general assembly of
the church of Scotland.
" XIII. Provided also, and be it fur
ther enacted, that nothing
herein contained shall be herein to
construed to affect or alter repeal
any of the provisions of an ' Geo-4- c-'2-
act passed in the seventh year of his
present majesty's reign, intituled, * An
Act to consolidate and amend the Laws
which regulate the Levy and Applica
tion of Church Rates and Parish Cesses,
and the Election of Churchwardens, and
the Maintenance of Parish ('Jerks, in
Ireland.' " XIV. And be it enacted, that it
shall be lawful for any of
his majesty's subjects pro- ^JZ^"'
fessing the Roman catholic members of
religion to be a member of Jaycorpora-
. 1 j , j tions.
any lay body corporate, and
to hold any civil office or place of trust
or profit therein, and to do any corpo
rate act, or vote in any corporate elec-.
tion or other proceeding, upon taking
and subscribing the oath hereby ap
pointed and set forth, instead of the

72

ANGLO-SAXON DOOMSj

oaths of allegiance, supremacy, and ab-
j uration ; and upon taking also such
other oath or oaths as may now .by law
be required to be taken by any persons
becoming members of such lay body
corporate, or being admitted to hold any
office or place of trust or profit within
the same.
"XV. Provided nevertheless, and be
„ , it further enacted, that
Such members ... , , ,
of corporations nothing herein contained
not to vote in shall extend to authorize or
anointment empower any of his ma-
jesty s subjects professing
the Roman catholic religion, and being
a member of any lay body corporate, to
give any vote at, or in any manner to
join in the election, presentation, or ap
pointment of any person to any ecclesi
astical benefice whatsoever, or any office
or place belonging to or connected with
the united church of England and Ire
land, or the church of Scotland, being in
the gift, patronage, or disposal of such
lay corporate body.
" XVI. Provided also, and be it en
acted, that nothing in this
Not to extend t contained shall be con-
to offices, &c.
in the esta- strued to enable any per-
blished sons, otherwise than as they
church, or , , ul j ,
ecclesiastical are now bY law" enabled, to
courts, uni- hold, enjoy, or exercise any
lege^or' °01" °ffice' PlaCe °r diSnitv of>
schools ; in, or belonging to the
united church of England
and Ireland, or the church of Scotland,
or any place or office whatever of, in, or
belonging to any of the ecclesiastical
courts of judicature of England and
Ireland respectively, or any court of ap
peal from or review of the sentences of
such courts, or of, in, or belonging to
the commissary court of Edinburgh, or
of, in, or belonging to any cathedral or
collegiate or ecclesiastical establishment
or foundation; any cftVe or place
whatever of, in, or belonging to any of
the universities of this realm; or any
office or place whatever, and by what
ever name the same may be called, of,
in, or belonging to any of the colleges or
halls of the said universities, or the
colleges of Eton, Westminster, or Win
chester, or any college or school within
this realm ; or to repeal, abrogate, or in
any manner to interfere with any local
statute, ordinance, or rule, which is or
^hall he established by competent au
thority within any university, college,
hall, or school, by which Roman catho

lics shall be prevented from being ad-'
mitted thereto, or from residing or
taking degrees therein : provided also,
that nothing herein con
tained shall extend or be nortopre-
« . i , sentations to
construed to extend to en- benefices.
able any person, otherwise
than as he is now by law enabled, to
exercise any right of presentation to any
ecclesiastical benefice whatsoever ; or to
repeal, vary, or alter in any manner the
laws now in force in respect to the right
of presentation -to any ecclesiastical bene
fice. " XVII. Provided always, and be it
enacted, that where any „
. , , f ... y Proviso for
right of presentation to any presentations
ecclesiastical benefice shall to benefices
belong to any office in the ^SSL
gift or appointment of his
majesty, his heirs or successors, and such
office shall be held by a person profess
ing the Roman catholic religion, the
right of presentation shall devolve upon
and be exercised by the Archbishop of
Canterbury for the time being.
" XVIII. And be it enacted, that
it shall not be lawful for „ „
„ . , sho Roman
any person professing the catholic to ad-
Roman catholic religion, vise the crown
directly or indirectly, to ISmu^officea
advise his majesty, his heirs in the esta-
or successors, or any person bl e{:
or persons holding or ex
ercising the office of guardians of the
United Kingdom, or of regent of the
United Kingdom, under whatever name,
style, or title such office may be consti
tuted, or the lord lieutenant, or lord
deputy, or other chief governor or gover
nors of Ireland, touching or concerning
the appointment to or disposal of any
office or preferment in the united church
of England and Ireland, or in the church
of Scotland ; and if any such person
shall offend in the premises, he shall,
being thereof convicted by due course of
law, be deemed guilty of a high mis
demeanor, and disabled for ever from
holding any office, civil or military,
under the crown.
" XIX. And be it enacted, that every
person professing the
Roman catholic religion, "£™™%
who shall after the com- taking oaths
mencement of this act be Co* corporate
placed, elected, or chosen
in or to the office of mayor, provost;
alderman, recorder, bailiff', town clerk*
magistrate, councillor, or common coun-

AND OTHER RECORDS.

73

cilman, or in or to any office of magis
tracy or place of trust or employment
relating to the government of any city,
corporation, borough, burgh, or district
within the United Kingdom of Great
Britain and Ireland, shall, within one
calendar month next before or upon his
admission into any of the same respect
ively, take and subscribe the oath here
inbefore appointed and set forth, in the
presence of such person or persons re
spectively as by the charters or usages of
the said respective cities, corporations,
burghs, boroughs, or districts ought to
administer the oath for due execution of
the said offices or places respectively ;
and in default of such, in the presence of
two justices of the peace, councillors or
magistrates of the said cities, corpora
tions, burghs, boroughs, or districts, if
such there be ; or otherwise, in the
presence of two justices of the peace of
the respective counties, ridings, divisions,
or franchises wherein the said cities, cor
porations, burghs, boroughs, or districts
are; which said oath shall either be
entered in a book, roll, or other record
to be kept for that purpose, or shall be
filed amongst the records of the city,
corporation, burgh, borough, or dis
trict. "XX. And be it enacted, that every
person professing the
manner^ Homan catholic 'religion,
taking oaths who shall after the com-
for other mencement of this act be
appointed to any office or
place of trust or profit under his ma
jesty, his heirs or successors, shall within
three calendar months next before such
appointment, or otherwise shall, before
he presumes to exercise or enjoy or in
any manner to act in such office or
place, take and subscribe the oath here
inbefore appointed and set forth, either
in his majesty's high court of Chancery,
or in any of his majesty's courts of
King's Bench, Common Pleas, or Ex
chequer, at Westminster or Dublin ; or
before any judge of assize, or in any
court of general or quarter sessions of
the peace in Great Britain or Ireland,
for the county or place where the per
son so taking and subscribing the oath
shall reside ; or in any of his majesty's
courts of Session, Justiciary, Exche
quer or jury court, or in any sheriff or
Stewart court, or in any burgh court, or
before the magistrates and councillors of
any royal burgh in Scotland, between

the hours of nine in the morning and
four in the afternoon ; and the proper
officer of the court in which such oath
shall be so taken and subscribed shall
cause the same to be preserved amongst
the records of the court ; and such offi
cer shall make, sign, and deliver a certi
ficate of such oath having been duly
taken and subscribed, as often as the
same shall be demanded of him, upon
payment of two shillings and sixpence
for the same ; and such certificate shall
be sufficient evidence of the person
therein named having duly taken and
subscribed such oath.
" XXI. And be it enacted, that if
any person professing the „
r> .£ ,- i ¦ ¦ Penalty on
Roman catholic religion acting'in
shall enter upon the ex- offices without
ercise or enjoyment of any 'a!ij"g tne
office or place of trust or
profit under his majesty, or of any other
office or franchise, not having in the
manner and at the times aforesaid taken
and subscribed the oath hereinbefore ap
pointed and set forth, then and in every
such case such person shall forfeit to his
majesty the sum of two hundred pounds ;
and the appointment of such person to
the office, place, or franchise so by him
held shall become altogether void, and
the office, place, or franchise shall be
deemed and taken to be vacant to all
intents and purposes whatsoever.
" XX II. Provided always, that for and
notwithstanding anything
in this act contained, the Oaths by mili-
. , - . , , tary and naval
oath hereinbefore appointed officers.
and set forth shall be taken
by the officers in his majesty's land
and sea service, professing the Roman
catholic religion, at the same times and
in the same manner as the oaths and
declarations now required by law are
directed to be taken, and not otherwise.
" XXIII. And be it further enacted,
that from and after tbe
passing of this act no oath %£%„_
or oath shall be tendered sary to be
to or required to be taken taken by
, ,....> i ¦ 4 Roman catho-
by bis majesty s subjects jics
professing the Roman ca
tholic religion, for enabling them to hold
or enjoy any real or personal property,
other than such as may by law be ten
dered to and required to be taken by his
majesty's other subjects ; and that the
oath herein appointed and set forth,
being taken and subscribed in any of the
courts, or before any of the persons above

74

ANGLO-SAXON DOOMS,

mentioned, shall be of the same force
and effect, to all intents and purposes,
as, and shall stand in the place of, all
oaths and declarations required or pre
scribed by any law now in force for the
relief of his majesty's Roman catholic
subjects from any disabilities, incapa
cities, or penalties ; and the proper
officer of any of the courts above men
tioned, in which any person professing
the Roman catholic religion shall de
mand to take and subscribe the oath
herein appointed and set forth, is hereby
authorized and required to administer
the said oath to such person, and such
officer shall make, sign, and deliver a
certificate of such oath having been
duly taken and subscribed, as often as
the same shall be demanded of him,
upon payment of one shilling ; and such
certificate shall be sufficient evidence of
the person therein named having duly
taken and subscribed such oath.
" XXIV. And whereas the protest
ant episcopal church of
™not°tobe' England and Ireland, and
assumed by the doctrine, discipline, and
Roman government thereof, and
catholics. f-i • ^,
likewise the protestant pres-
byterian church of Scotland and the
doctrine, discipline, and government
thereof, are by the respective acts of
union of England and Scotland, and of
Great Britain and Ireland, established
permanently and inviolably : and whereas
the right and title of archbishops to their
respective provinces, of bishops to their
sees, and of deans to their deaneries, as
well in England as in Ireland, have
been settled and established by law ; be
it therefore enacted, that if any person,
after the commencement of this act,
other than the person thereunto autho
rized by law, shall assume or use the
name, style, or title of archbishop of
any province, bishop of any bishopric, or
dean of any deanery, in England or Ire
land, he shall for every such offence
forfeit and pay the sum of one hundred
pounds. "XXV. And be it further enacted,
that if any person holding
Ju^icial or any jlxdicial or civil office.
not to attend or any mayor, provost,
with insignia jurat, bailiff, or other cor-
plaf o? wor-y P°>-ate officer, shall, after
ship other the commencement of this
than esta- acj. resort to or be present
blished , ...
church. at any place or public meet
ing for religious worship

in England or in Ireland, other than
that of the united church of England and
Ireland, or in Scotland, other than that
of the church of Scotland, as by law
established, in the robe, gown, or other
peculiar habits of his office, or attend
with the ensign or insignia, or any part
thereof, of or belonging to such his
office, such person shall, being thereof
convicted by due course of law, forfeit
such office, and pay for every such of
fence the sum of one hundred pounds.
" XXVI. And be it further enacted,
that if any Roman catholic „ „ ,,
, . / Penalty on Ko-
ecclesiastic, or any member man catholic
of any of the orders, com- ecclesiastics
munities, or societies here- excepthfthcir
inafter mentioned, shall, usual places of
after the commencement of worsnip.
this act, exercise any of the rites or cere
monies of the Roman catholic religion,
or wear the habits of his order, save
within the usual places of worship of the
Roman catholic religion, or in private
houses, such ecclesiastic or other person
shall, being thereof convicted by due
course of law, forfeit for every such
offence the sum of fifty pounds.
" XXVII. Provided always, and be
it enacted, that nothing in Nottorepea,
this act contained shall in Stat. 5, Geo. 4,
any manner repeal, alter, or °- %>•
affect any provision of an act made in
the fifth year of his present majesty's
reign, intituled, ' An Act to repeal so
much of an Act passed in the ninth year
of the reign of King William the Third,
as relates to Burials in suppressed Mo
nasteries, Abbeys, or Convents in Ire
land, and to make further Provision with
respect to the Burial in Ireland of Per
sons dissenting from the Established
Church.' "XXVIII. And whereas Jesuits, and
members of other religious For the sup.
orders, communities, or pression of
societies of the church of Jesuits and
., , , . . other religions
Home, bound by monastic orders of the
or religious vows, are re- church of
sident within the United Rome'
Kingdom ; and it is expedient to make
provision for the gradual suppression
and final prohibition of the same therein ;
be it therefore enacted, that every Jesuit,
and every member of any other religious
order, community, or society of the
church of Rome, bound by monastic or
religious vows, who at the time of the
commencement of this act shall be within
the United Kingdom, shall, within six

AND OTHER RECORDS.

15

calendar months after the commence
ment of this act, deliver to the clerk of
the peace of the county or place where
such person shall reside, or to his deputy,
a notice or statement, iii the form and
containing the particulars required to be
set forth in the schedule to this act
annexed ; which notice or statement such
clerk of the peace, or his deputy, shall
.preserve and register amongst the re
cords of such county or place, without
any fee, and shall forthwith transmit a
copy of such notice or statement to the
chief secretary of the lord lieutenant, or
other chief governor or governors of
Ireland, if such person shall reside in
Ireland, or if in Great Britain, to one of
his majesty's principal secretaries of
state; and in case any person shall
offend in the premises, he shall forfeit
and pay to his majesty, for every calen
dar month during which he shall remain
in the United Kingdom without having
delivered such notice or statement as is
hereinbefore required, the sum of fifty
pounds. " XXIX. And be it further enacted
Jesuits, He, that if any J'esuit' or .m.em-
coming'into' ber of any such religious
the realm, to order, community, or so-
be banished. c;ety as aforesaid; shall;
after the commencement of this act,
come into this realm, he shall be deemed
and taken to be guilty of a misdemeanor
and being thereof lawfully convicted,
shall be sentenced and ordered to be
banished from the United Kingdom for
the term of his natural life.
" XXX. Provided always, and be it
Natural-born further enacted, that in
subjects, being case any natural-born sub-
jesuits,may ;ec( 0f this realm, being at
return into ,, - A, °
the kingdom the time of the commence-
and be re- ment of this act a Jesuit,
gistered. Qr otner member of any
such religious order, community or so
ciety as aforesaid, shall, at the time of
the commencement of this act, be out
of the realm, it shall be lawful for such
person to return or to come into this
realm ; and upon such his return or
coming into the realm he is hereby
required, within the space of six calen
dar months after bis first returning or
coming into tbe United Kingdom, to
deliver such notice or statement to the
clerk of the peace of the county or place
where he shall reside, or bis deputy, for
the purpose of being so registered and
transmitted, as hereinbefore directed;

and in case any such person shall neglect
or refuse so to do, he shall for such
offence forfeit and pay to his majesty,
for every calendar month during which
he shall remain in the United Kingdom
without having delivered such notice or
statement, the sum of fifty pounds.
"XXXI. Provided also, and be it
further enacted, that not- ™, . . ,
...... ' ... The principal
withstanding any thing secretaries of
hereinbefore contained, it state may
shall be lawful for any one ^I'^c!
of his majesty's principal to come into
secretaries of state, being a the kingdom ;
protestant, by a licence in writing, signed
by him, to grant permission to any
Jesuit, or member of any such religious
order, community, or society as afore
said, to come into the United Kingdom,
and to remain therein for such period as
the said secretary of state shall think
proper, not exceeding in
any case the space of six ™Lm?J re- „
J l . voke the same.
calendar months ; and it
shall also be lawful for any of his ma
jesty's principal secretaries of state to
revoke any licence so granted before the
expiration of the time mentioned therein,
if he shall so think fit ; and if any such
person to whom such licence shall have
been granted shall not depart from the
United Kingdom within twenty days
after the expiration of the time men
tioned -in such licence, or if such licence
shall have been revoked, then within
twenty days after notice of such revoca
tion shall have been given to him, every
person so offending shall be deemed
guilty of a misdemeanor, and being
thereof lawfully convicted shall be sen
tenced and ordered to be banished from
the United Kingdom for the term of
his natural life.
" XXXII. And be it further en
acted, that there shall an- Accounts of
nually be laid before both licences to be
houses of parliament an ac- laid before
' .. parliament.
count of all such licences
as shall have been granted for the pur
pose hereinbefore mentioned within the
twelve months then next preceding.
"XXXIII. And be it further en
acted, that in case any AdmUting
Jesuit, or member of any persons as
such religious order, com- J— iSgls
munity, or society as afore- orders deemed
said, shall, after the com- a misde-
c .v. „„+ meanor.
meneement ot this act,
within any part of the United Kingdom,
admit any person to become a regular

76

ANGLO-SAXON DOOMS.

ecclesiastic, or brother or member of
any such religious order, community, or
society, or be aiding or consenting
thereto, or shall administer or cause to
be administered, or be aiding or assisting
in the administering or taking, any oath,
vow, or engagement purporting or in
tended to bind the person taking the
same to the rules, ordinances, or cere
monies of such religious order, com
munity, or society, every person offend
ing in the premises in England or Ire
land shall be deemed guilty of a mis
demeanor, and in Scotland shall be
punished by fine and imprisonment.
" XXXIV. And be it further en
acted, that in case any per-
Any person so " .. „ 3 r
admitted a son shalf, after the com-
member of a mencement of this act,
LlfbanS -Hhin any part of this
United Kingdom, be ad
mitted or become a Jesuit, or brother or
member of any other such religious
order, community, or society as afore
said, such person shall be deemed and
taken to be guilty of a misdemeanor,
and being thereof lawfully convicted,
shall be sentenced and ordered to be
banished from the United Kingdom for
the term of his natural life.
" XXXV. And be it further en-
The party acted, that in case any per-
offending may son sentenced and ordered
be banished by t0 De banished under the
is majes y , prov;sions 0f this act shall
not depart from the United Kingdom
within thirty days after the pronouncing
of such sentence and order, it shall be
lawful for his majesty to cause such
person to be conveyed to such place out
of the United Kingdom as his majesty,
by the advice of his privy council, shall
direct. "XXXVI. And be it further enacted,
that if any offender, who shall be so

sentenced and ordered to
be banished in manner alter thiee"'86
aforesaid, shall, after the end months, may
of three calendar months Jml|[n;nsported
from the time such sen-
sentence and order hath been pro
nounced, be at large within any part of
the United Kingdom, without some
lawful cause, every such offender being
so at large as aforesaid, on being thereof.
lawfully convicted, shall be transported
to such place as shall be appointed by
his majesty for the term of his natural
life. " XXXVII. Provided always, and
be it enacted, that nothing
herein contained shall ex- ^°feJn,a<je'e"d
tend or be construed to societies.
extend in any manner to
affect any religious order, community,
or establishment consisting of females
bound by religious or monastic vows.
" XXXVIII. And be it further en
acted, that all penalties
imposed by this act shall j^™1^'
and may be recovered as a recovered.
debt due to his majesty,
by information to be filed in the name
of his majesty's attorney-general for
England or for Ireland, as the case may
be, in the courts of Exchequer in Eng
land or Ireland respectively, or in the
name of his majesty's advocate general
in the court of Exchequer in Scotland.
" XXXIX. And be it further en
acted, that this act, or any
part thereof, may be re- Actmay be
pealed, altered, or varied at session.
any time within this pre
sent session of parliament.
" XL. And be it further enacted,
that this act shall com
mence and take effect at ment0fact
the expiration of ten days
from and after the passing thereof.

Schi

DULE TO

which this Act refers.

Date of the
.Registry.

Name of the
Party.

Age.

Place of
Birth.

Name of the
Order, Community,
or Society whereof
he is a Member.

Name and usual
Residence of the
next immediate
Superior of the
Order, Communtity,
or Society.

Usual
Place of
Residence of the
Party.

AND OTHER RECORDS.

77

Stat. 7 & 8 VICTORIA, c. 102.
A. n. 1844.
An Act to repeal certain Penal Enact
ments made against Her Majesty's
Roman Catholic Subjects.
" Whereas Roman catholics, and per
sons professing the Roman catholic
religion, were, by certain acts made and
passed by the parliament of England and
the parliament of Great Britain rendered
liable to punishments, pains, penalties,
and disabilities, for, or on account of
their religious belief or profession, to
which punishments, pains, penalties, and
disabilities none other of her majesty's
subjects are liable : and whereas it is ex
pedient to amend the law in this respect :
Certain acts be h therefore enacted by
and parts of the queen's most excellent
acts repealed, 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 from and
after the passing of this act the several
acts hereinafter mentioned, or so much
and such parts of any of them as are
hereinafter specified, shall be repealed ;
(that is to say.)
" So much of an act passed in the sixth
year of the reign of King
Edward the Sixth, in
tituled, ' An Act for the
Uniformity of Service and Adminis
tration of Sacraments throughout the
Realm,' as relates to the offence of
willingly and wittingly hearing and
being present at any other manner or
form of common prayer, of adminis
tration of the sacraments, of making
of ministers in the churches, or of any
other rites contained in the book
annexed to that act, than is mentioned
and set forth in such book, so far as
the same in any manner affects Ro
man catholics :
' Also so much of an act passed in the
first year of the reign of
IEIk.c.1. Queen Elizabeth; i„.
tituled, ' An Act to restore to the
Crown the ancient Jurisdiction over
the Estate, ecclesiastical and spiritual,
and abolishing all Foreign Powers re
pugnant to the same,' whereby, after
the following enactment, ' that if any
person or persons dwelling or inhabit
ing within this your realm, or in any
other your fiighness's realms or do
minions, of what estate, dignity, or
degree soever he or they be, after the

5 & 6 Edw. 6,
c. 1.

end of thirty days next after the de
termination of this session of this pre
sent parliament, shall, by writing
printing, teaching, preaching, express
words, deed, or act, advisedly, mali
ciously, and directly affirm, hold,
stand with, set forth, maintain, or de
fend the authority, preheminence,
power, or jurisdiction, spiritual or
ecclesiastical, of any foreign prince,
prelate, person, state, or potentate
whatsoever, heretofore claimed, used,
or usurped within this realm, or any
dominion or country being within or
under the power, dominion, or obey-
sance of your highness, or shall ad
visedly, maliciously, and directly put
in ure or execute any thing for the ex
tolling, advancement, setting forth,
maintenance, or defence of any such
pretended or usurped jurisdiction,
power, preheminence, and authority,
or any part thereof, that then every
such person and persons so doing and
offending, their abettors aiders, pro-
curors, and counsellors, being thereof
lawfully convicted and attainted, ac
cording 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 ;
and if any such person so convicted or
attainted shall not have or be worth
of his proper goods and chattels to the
value of twenty pounds at the time of
his conviction or attainder, that then
every such person so convicted or
attainted, over and besides the for
feiture of all his said goods and
chattels, shall have and suffer im
prisonment by the space of one whole
year, without bail or mainprise ; ' it is
enacted, ' that if any such offender or
offenders, after such conviction or
attainder, do eftsoons commit or do
the said offences or any of them in
manner and form aforesaid, and be
thereof duly convicted and attainted as
is aforesaid, that then every such of
fender and offenders shall for the same
second offence incur into the dangers,
penalties, and forfeitures ordained and
provided by the Statute of Provision
and PrEemunire made in the sixteenth
year of the reign of King Richard
the Second ; and if any such offender
or offenders, at any time after the said
second conviction and attainder, do

78

ANGLO-SAXON DOOMS,

the third time commit and do the said
offences, or any of them in manner and
form aforesaid, and be thereof duly
convicted and attainted as is aforesaid,
that then every such offence or offences
shall be deemed and adjudged high
treason ; and that the offender or of
fenders 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 : '
' Also so much of an act made and
passed in the said first
1 Eli* c. 2. year of the Ieign of the
said Queen Elizabeth, intituled, ' An
Act for the Uniformity of Common
Prayer and Service in the Church,
and Administration of the Sacraments,'
whereby it is enacted, ' that all and
every person and persons inhabiting
within this realm or any other the
queen's majesty's dominions shall dili
gently and faithfully, having no lawful
or reasonable excuse to be absent, en
deavour themselves to resort to their
parish church or chapel accustomed,
or upon reasonable 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 and soberly
during the time of the common prayer,
preaching, or other service of God
there to be used and ministered,' upon
the pains, penalties, and punishments
therein mentioned, so far as these en
actments of the last-mentioned act
relate to or affect Roman catholics :
' Also so much of an act passed in the
fifth year of the reign of
5 Eliz. c. 1. the sa;d Queen Elizabeth,
intituled, ' An Act for the Assurance
of the Queen's Royal Power over all
Estates and Subjects within^ her Do
minions,' as renders any person violat
ing its provisions liable to the penalties
of treason, or of the Statute of Prae
munire :
¦ Also the whole of an act passed in the
twenty-third year of the
23 Eliz. c. 1. reign of the said Queen
Elizabeth, intituled, ' An Act to re
tain the Queen's Majesty's Subjects in
their due Obedience i '
Also tbe whole of an act passed in the

twenty-seventh year of
the reign of the said W L"z' c- 2"
Queen Elizabeth, intituled, ' An Act
against Jesuits, Seminary Priests, and,
other such like disobedient Persons:'
" Also so much of an act passed in the
twenty-ninth year of the „
',., • j n 29 El z. c. 6.
reign of the said Queen
Elizabeth, intituled, ' An Act for the
more speedy and due Execution of
certain Branches of the Statute made
in the twenty-third year of the Queen's
Majesty's Reign, intituled, " An Act
to retain the Queen's Majesty's Sub
jects in their due Obedience," ' as
relates to or in any manner affects
Roman catholics :
" Also the whole of an act passed in the
thirty-fifth year of the
reign of the said Queen 35 Ell!!' c' X'
Elizabeth, intituled, ' An Act to retain
the Queen's Majesty's Subjects in their
due Obedience : '
" Also the whole of an act passed in the
said thirty-fifth year of the _
,', '¦, „ 35 Ez. c. 2.
reign of the said Queen
Elizabeth, intituled, ¦ An Act for re
straining Popish Recusants to some
certain Placts of Abode : '
' Also an Act passed in the first year of
the reign of King James
the First, intituled, ' An 1 Jac' 1'°'4'
Act for the due Execution of the
Statutes against Jesuits, Seminary
Priests, Recusants,' &c, except so
much of the same act as relates to the
keeping any school, or to the being a
schoolmaster, or to the retaining or
maintaining a schoolmaster :
" Also so much of that part of an act
passed in the third year
c ., j. ^ -j 3 Jac. 1, u. 1.
ot the reign of the said '
King James the First, intituled, ' An
Act for a Public Thanksgiving to
Almighty God every Year on the
Fifth of November,' whereby it is
enacted, * that all and every person
and persons inhabiting within this
realm of England and the dominions
of the same shall always upon that day
diligently and faithfully resort to the
parish church or chapel accustomed,
or to some usual church or chapel
where the said morning prayer, preach
ing, or other service of God shall be
used, and then and there to abide
orderly and soberly during the time
of the said prayers, preaching, or
other service of God then to be
used and ministered,' as relates to

AND OTHER RECORDS.

79

3 Jac. 1, u. 5.

or in any manner affects Roman
catholics :
" Also so much and such parts of an
,,„,,. act passed in the said
3 Jac. 1, c. 4. ., . j -,,
third year of the reign of
the said King James the First, in
tituled, < An Act for the better dis
covering and repressing of Popish
Recusants,' as relate to popish re
cusants, to the treasons created by the
same acts, and to the compelling any
Roman catholic to resort to the church
of the parish where he or she shall
most usually abide or be within the
year, and to receive the sacrament of
the Lord's supper ;
" Also another act passed in the said
third year of the reign of
the said King James the
First, intituled, ' An Act to prevent
and avoid Dangers which grow by
Popish Recusants,' except those parts
of the same act whereby it is enacted,
' that every person or persons that
is or shall he a popish recusant convict
during the time that he shall be or
remain a recusant shall from and
after the end of the then present
session of parliament be utterly dis
abled to present to any benefice with
cure or without cure, prebend, or
other ecclesiastical living, or to col
late or nominate to any free school,
hospital, or donative whatsoever, and
from the beginning of the then present
session of parliament shall likewise be
disabled to grant any avoidance to any
benefice, prebend, or other ecclesias-
cal living,' and which specify the
counties, cities, and other places and
limits or precincts within which the
chancellor and scholars of the uni
versity of Oxford and the chancellor
and scholars of the university of Cam
bridge respectively have the presenta
tion, nomination, collation, and dona
tion of and to every such benefice,
prebend, living, school, hospital, and
donative as shall happen to be void
during such time as a patron thereof
shall be and remain a recusant convict
as aforesaid; and whereby it is pro
vided, 'that neither of the said chan
cellors and scholars of either of the
said universities shall present or nomi
nate to any benefice with cure, pre
bend, or other ecclesiastical living,
any such person as shall then have any
other benefice with cure of souls, and
if any such presentation or nomination

shall be had or made of any such per
son so beneficed, the said presentation
or nomination shall be void, any
thing in this act to the contrary not
withstanding :'
" Also so much of an act passed in the
seventh year of the reign
of the said King James 7 Jac- '• c- 6-
the First, intituled, 'An Act for ad
ministering the Oath of Allegiance
and Reformation of Married Women
Recusants,' as relates to recusants or
to the penalties of recusancy.
" Also the whole of an act passed in the
third year of the reign
of King Charles the First, 3 Car' '• c- 2-
intituled, ' An Act to restrain the pass
ing or sending of any to be popishly
bred beyond the seas :'
" Also so much and such parts of two
acts respectively, the one
passed in the said third 3 Car' '• c- 4;
year of the reign of the said King
Charles the First, and intituled, ' An
Act for Continuance and Repeal of
divers Statutes,' and the other passed
in the sixteenth year of
the said last-mentioned 16 C"- ] . <=¦ *¦
reign, and intituled, ' An Act for the
further Relief of His Majesty's Army
and the Northern Parts of the King
dom,' relating to the continuance of an
act made in the thirty-
fifth year of the reign of 35 E1,z' "¦ u
Queen Elizabeth, intituled, ¦ An Act
to retain the Queen's Majesty's Sub
jects in their due Obedience,' as in
any manner affect Roman catholics :
" Also so much of an act passed in the
thirteenth and fourteenth
years of the reign of King 13*HCar
Charles the Second, in- '
tituled, ' An Act for the Uniformity
of public Prayers and Administration
of Sacraments and other Rites and
Ceremonies ; and for establishing the
Form of making, ordaining, and con
secrating Bishops, Priests, and Dea
cons in the Church of England,' as
confirms any act or part of any act
hereby repealed :
' Also so much of an act passed in the
twenty-fifth year of the ^ Car 2 c 2
reign of the said King '
Charles the Second, intituled, ' An
Act for preventing Dangers which
may happen from Popish Recusants,'
whereby it is enacted, ' that if any
person or persons, not bred up by his
or their parent or parents from their

80

ANGLO-SAXON DOOMS,

infancy in the popish religion, and pro
fessing themselves to be popish recu
sants shall breed up, instruct, or edu
cate his or their child or children, or
suffer them to be instructed or edu
cated, in the popish religion, every
such person being thereof convicted
shall be from thenceforth disabled of
bearing any office or place of trust or
profit in church or state,' and whereby
it is enacted, ' that all such children as
shall be so brought up, instructed, or
educated, are and shall be thereby
disabled of bearing any such office or
place of trust or profit until he and
they shall be perfectly reconciled and
converted to the church of England,
and shall take the oaths of supremacy
and allegiance aforesaid before the
justices of the peace in the open
quarter sessions of the county or place
where they shall inhabit, and there
upon receive the sacrament of the
Lord's supper after the usage of the
church of England, and obtain a cer
tificate thereof under the hands of two
or more of the said justices of the
peace :'
" Also so much of an act passed in the
first session of parliament
1G.&M.C.8. Jn the first year of the
reign of King William the Third and
Queen Mary, intituled, ' An Act for
the abrogating of the Oaths of Su
premacy and Allegiance, and appoint
ing other Oaths,' as renders liable any
person or persons who shall refuse to
take the oaths therein mentioned, or
either of them, to imprisonment, fine,
and disability to hold any office, civil,
or military, within this kingdom :
" And also so much of the said last-
mentioned act as renders liable any
person or persons who shall refuse to
make and subscribe the declaration
therein mentioned to the pains, penal
ties, forfeitures and disabilities of and
to he taken and deemed a popish re
cusant convict :
" Also the whole of an act^passed in the
said first session in the
1 G. & M. c. 9. -J n t c *1
said first year or the
reign of the said King William the
Third and the said Queen Mary, in
tituled, * An Act for the amoving
Papists and reputed Papists from the
Cities of London and Westminster,
and Ten Miles Distance from the
same : '
" Also the whole of another act passed

in the said first session . „ „ „
, r. . ¦ ... , , 1 G. & M. c. 15.
and first year, intituled,
' An Act for the better securing the
Government by disarming Papists and
reputed Papists : '
*' Also the whole of another act passed
in the said first session
and first year, intituled, ' G' & M' c- "•
' An Act for rectifying a Mistake in
a certain Act of this present Parlia
ment, for amoving Papists from the
Cities of London and Westminster.
" II. And be it enacted, that this act
or any part thereof may be Actmaybe
repealed, altered, or varied altered this
at any time within this ses- session.
sion of parliament."

9 & 10 VICTORIA, c. 59. a. u. 1846.
An Act to relieve Her Majesty's Subjects
from certain Penalties and Disabilities
in regard to Religious Opinions.
" Be it enacted by the Queen's most
excellent Majesty, by and with the ad
vice and consent of the Lords spiritual
and temporal, and Commons, in this
present Parliament assembled, and by
the authority of the same,
that from and after the Certain acts
commencement of this act, ^J3*^.
the statutes and ordinances
and the several acts hereinafter men
tioned, or so much and such parts of
any of the said acts as are hereinafter
specified, shall be repealed; (that is to
say,) " The statute or ordinance of the fifty-
fourth and fifty-fifth years of the reign
of King Henry the Third, and the
statute or ordinance commonly called
' Statutum Judceismo .'
" Also so much of an act passed in the
fifth and sixth years of the reign of
King Edward the Sixth, intituled
' An Act for the uni
formity of service and 5 & 6 Edw. 6.
administration of sacra- g'^'e™'1'*'
ments throughout the
realm,' as enacts, ' that from and after
the feast of All Saints next coming
all and every person and persons in
habiting within this realm, or any
other the king's majesty's dominions,
shall diligently and faithfully, having
no lawful or reasonable excuse to be
absent, endeavour themselves to resort
to their parish church or chapel ac
customed, or, upon reasonable let

AND OTHER RECORDS.

81

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 or
derly and soberly during the time of
common prayer, preachings, or other
service of God there to be used and
ministered, upon pain of punishment
by the censures of the church,' so far
the same affects persons dissenting
from the worship or doctrines of the
united church of England and Ire
land, and usually attending some place
of worship other than the established
church : provided always, that no pe
cuniary penalty shall be imposed upon
any person by reason of his so ab
senting himself as aforesaid :
" Also so much of the said act as enacts,
' that if any manner of person or
persons inhabiting and being within
this realm, or any other the king's
majesty's dominions, shall, after the
said feast of All Saints, willingly and
wittingly hear and be present at any
other manner or form of common
prayer, of administration of the sa
craments, 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 ex
ceptions contained in the aforesaid
former statute, and shall be thereof
convicted according to the laws of
this realm before the justices of as
size, justices of oyer and determiner,
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, they shall, for the first
offence suffer imprisonment for six
months, without bail or mainprize,
and for the second offence, being like
wise convicted as is above said, impri
sonment for one whole year, and for
the third offence in like manner,
imprisonment during his or their
lives : '
" Also so much of the said act as enacts,
' that for the more knowledge to be
given hereof, and better observation
of this law, 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 coining, read this pre- G

sent 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 hath
in all ages been shown 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 sa
crifices that Christian men can yield : '
" Also so much of any act or acts of the
parliament of Ireland as may have
extended to Ireland the provisions of
the said act of the fifth and sixth
years of the reign of King Edward
the Sixth, so far as the same is hereby
repealed :
" Also so much of an act passed in the
first year of the reign of Queen Eliza
beth, intituled ' An act
to restore to the Crown 1E1»-C-1-
the ancient Jurisdiction over the Es
tate ecclesiastical and spiritual, and
abolishing all foreign Powers repug
nant to the same,' and of an act of
the parliament of Ireland, passed in
the second year of the same queen's
reign, intituled ' An act
restoring to the Crown ^llz- c1'
the auncient Jurisdiction
of the State ecclesiasticall and spirit
ual!, and abolishing all forreinne
Power repugnant to the same,' as
makes it punishable to affirm, hold,
stand with, set forth, maintain, or de
fend, as therein is mentioned, the au
thority, pre-eminence, power, or juris
diction, spiritual or ecclesiastical, of
any foreign prince, prelate, person,
state, or potentate theretofore claimed,
used, or usurped within this realm,
or any dominion or country being
within or under the power, dominion,
or obeisance of her highness, or to put
in ure or execute any thing for the
extollingjfedvancement, setting forth,
maintenance, or defence of any such
pretended or usurped jurisdiction,
power, pre-eminence, and authority,
or any part thereof, or to abet, aid,
procure, or counsel any person so
offending : Provided always, and be it
declared, that nothing in this enactment
contained shall authorize or render it
lawful for any person or persons to
affirm, hold, stand with, set forth

m

ANGLO-SAXON DOOMS,

' maintain, or defend any such foreign
power, pre-eminence, jurisdiction, or
authority, nor shall the same extend
further than to the repeal of the par
ticular penalties and punishments
therein referred to, but in all other
respects the law shall continue the
same as if this enactment had not
been made : provided further, that if
any person in holy orders according
to the rites and ceremonies of the
united church of England and Ireland
shall affirm, hold, stand with, set forth,
maintain, or defend any such foreign
power, pre-eminence, jurisdiction, or
authority, such person shall be inca
pable of holding any ecclesiastical
promotion, and, if in possession of any
such promotion, may be deprived
thereof by due course of law, in the
same manner as for any other cause of
deprivation :
" Also so much of another act passed in
the first year of the same queen's
, „,. „ reign, intituled ' An Act
1 Eliz. c. 5. c ° ., .c ... ,.
for the uniformity ot
Common Prayer and Service in the
Church, and the administration of the
Sacraments,' and of another act of
the parliament of Ireland passed in
the second year of the same queen's
reign, intituled * An Act
2 Eliz. c. 2. for the Uniformity of
CommonPrayer and Ser
vice in the Church, and the adminis
tration of the Sacraments,' 'as relates
to a person's resorting to his parish
church or chapel accustomed, or, upon
reasonable let thereof, to some usual
place where common prayer and such
service of God as in such acts are
mentioned are used in such time of
let, upon Sundays and other days
ordained and used to be kept as holy
days, and to his then and there abid
ing orderly and soberly during the time
of the common prayer, preaching, or
other service of God there used and
ministered :
" Also an act passed in the^fifth year, of
the same queen's reign, intituled ' An
Act for the assurance of
IZ' c' ' the Queen's royal Power
over all Estates and Subjects within
her Dominions : '
" Also an act passed in the thirteenth year
of the same queen's reign, intituled
' An Act against the
1Z' °' ' bringing in and putting
in execution of Bulls, Writings or

other superstitious Things from the
See of Rome,' so far only as the same
imposes the penalties or punishments
therein mentioned ; but it is hereby
declared that nothing in this enact
ment contained shall authorize or ren
der it lawful for any person or persons
to import, bring in, or put in execu
tion within this realm any such bulls,
writings, or instruments, and that in
all respects, save as to the said penal
ties or punishments, the law shall
continue the same as if this enact
ment had not been made :
" Also an act passed in the twenty-ninth
year of the same queen's reign, inti
tuled ' An Act for the „ „,. "
, , . 29 Eliz. c.6.
more speedy and due
Execution of certain Branches of the
Statute made in the Twenty-third
Year of the Queen's Majesty's Reign,
intituled " An Act to retain the
Queen's Majesty's Subjects in their
due Obedience : " '
" Also an act passed in the first year of
the reign of King James the First,
intituled ' An Act for
the due Execution of *"
the Statutes against Jesuits, Seminary
Priests, Recusants, &c. : '
" Also so much of an act passed in the
third year of the reign of the said
King James the First, intituled ' An
Act for a public Thanks-
giving to Almighty God 3 J?^3'
every Year on the Fifth
Day of November,' as enacts, ' that
all and every person and persons in
habiting within this realm of England
and the dominions of the same shall
always upon that day diligently and
faithfully resort to the parish church
or chapel accustomed, or to some
usual church or chapel where the
said morning prayer, preaching, or
other service of God shall be used,
and then and there to abide orderly
and soberly during the time of the
said prayers, preaching, or other ser
vice of God, there to be used and
ministered : '
" Also an act passed in the said third year
of the said King James's reign, inti
tuled ' An Act for the
..... • , 3 Jac, 1, c. 4.
better discovering and
repressing of Popish Recusants : *
" Also an act passed in the seventh year
of the same king's reign, intituled
' An Act for administer
ing the Oath of Allegi- 7Jac' '• °'6'

AND OTHER RECORDS.

83

ance, and Reformation of married
Women Recusants : '
" Also so much of an act passed in the
thirteenth and fourteenth years of the
reign of King Charles the Second,
,»»,. r. o intituled 'An Act for
cfts.ll"' 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 Bishops, Priests, and
Deacons in the Church of England,'
as makes any schoolmaster or other
Person instructing or teaching youth
in any private house or family as *
tutor or schoolmaster punishable for
instructing or teaching any youth as
a tutor or schoolmaster before licence
obtained from his respective arch
bishop, bishop, or ordinary of the
diocese, according to the laws and
statutes of this realm, and before such
subscription and acknowledgment
made as in the said act is mentioned : -
"Also so much of the last-mentioned act
whereby any act or part of any act
herein-before repealed has been con
firmed or kept in force :
" And also so much of any act or acts of
parliament whereby the said parts of
thesaidact of thirteenth and fourteenth
years of the reign of King Charles the
Second' herein-before repealed have
been confirmed or incorporated in any
other act or acts of parliament:
" Also so much of an act of the parlia
ment of Ireland passed
17 & 18 Car. 2. ¦ th seventeenth and
c.6. s. 6. ii.) , . „
and eighteenth years ot
the reign of the said King Charles as
requires that schoolmasters or other
persons instructing or teaching youth
in private houses or families as tutors
or schoolmasters should take tbe oath
of allegiance and supremacy, and as
makes such schoolmasters or other
persons punishable for so instructing
or teaching youth before licence ob
tained from their respective arch
bishop, bishop, or ordinary of the
diocese, and before such subscription
and acknowledgment made as in the
said act is mentioned :
•¦ Also so much of an act passed in the
thirtieth year of the reign of the said
King Charles, intituled
30 Car. 2. st. 2. < ^n Act for the more
s. 5. in part. effectual preservation of
the King's Person and Government, by G

disabling Papists from sitting in either
House of Parliament,' as enacts that
' every person now or hereafter con
victed of popish recusancy who here
after shall, at any time after the said
first day of December, come advisedly
into or remain in the presence of the
king's majesty or queen's majesty, or
shall come into the court or house
where they or any of them reside, as
well during the reign of his present
majesty (whose life God long pre
serve) as during the reigns of any of
his royal successors, kings or queens
of England, shall incur and suffer all
the pains, penalties, forfeitures, and
disabilities in this act mentioned or
contained : '
" Also an act of the parliament of Scot
land, passed in the eighth
and ninth session of the * * ^t&\ and
first parliament of King alllaws re-
William the Third, in- vived, ratified,
.-* i j . a a .. r and confirmed
tituled ' An Act for pre- thereby.
venting the Growth of
Popery,' and all laws, statutes, and
acts of parliament revived, ratified,
and perpetually confirmed by the said
act of King William's first parlia
ment, except as to the form of the
formula in such last-mentioned act
contained :
" Also an act passed in the eleventh and
twelfth years of the reign
of the said King William ™£ 12 w' d'
the Third, intituled, ' An
Act for the further preventing the
Growth of Popery : '
" Also an act passed in the first year of
the reign of Queen Anne,
intituled "An Act to \ *™e' st L
oblige Jews to maintain
and provide for their Protestant
Children : "
" Also so much of an act of the parlia
ment of Ireland passed in the second
year of the reign of the said Queen
Anne, intituled ' An Act
to prevent the further | f .**< f .')C" 6"
Growth of Popery,' as
enacts ' that if any person or persons
shall seduce, persuade, or pervert any
person or persons professing or that
shall profess the protestant religion,
to renounce, forsake, or abjure the
same, and to profess the popish reli
gion, or reconcile him or them to the
church of Rome, then and in such
case every such person and persons so
seducing, as also every such protestant

84

ANGLO-SAXON DOOMS,

and protestants who shall be so se
duced, perverted, and reconciled to
popery, shall for the said offences,
being thereof lawfully convicted, in
cur the danger and penalty of prae
munire mentioned in the Statute of
Praemunire made in England in the
sixteenth year of the reign of King
Richard the Second : '
" Also so much of the said last-men
tioned act of Queen Anne
as empowers the court of
Chancery to make such order for the
maintenance of protestant children not
maintained by their popish parents,
suitable to the degree and ability of
such parents and to the age of such
child, and also for the portions of
protestant chUdren, to be paid at the
decease of their popish parents, as
that court shall adjudge fit, suitable
to the degree and ability of such pa
rents, and as empowers the said court
to make such order for the educating
in the protestant religion the children
of papists, where either the '.father or
mother of sueh children shall be pro
testants, till the age of eighteen years
of such children, as to that court shall
seem meet, and in order thereto to
limit and appoint where, and in what
manner, and by whom such children
shall be educated; and as
s' enacts that the father of
such children shall pay the charges
of such education as shall be directed
by the said court :
" And an act passed in the eleventh year
of the reign of King George the
_ Second, intituled ' An
11 G.2. c. 1/. Act for securing the Es_
tates of Papists conforming to the
Protestant Religion against Disabi
lities created by several Acts of Par
liament relating to Papists ; and for
rendering more effectual the several
Acts of Parliament made for vesting
in the Two Universities in that Part
of Great Britain called England the
Presentation of Benefices belonging
to Papists,' except so much of the
said act as relates to any advowson, or
right of presentation, collation, no
mination, or donation of or to any
benefice, prebend, or ecclesiastical
living, school, hospital, or donative, or
any grant or avoidance thereof, or any
admission, institution, or induction to
be made thereupon, but so as that the

repeal of the said act shall not in any
wise affect or prejudice the right,
title, or interest of any person in or
to any lands, tenements, or heredita
ments under and by virtue of the pro
visions of the said act at the time of
such repeal :
¦ Also so much of an act of the parlia
ment of Ireland, passed in the seven
teenth and eighteenth years of the
reign of King George the Third, in
tituled ' An Act for the
Relief of his Majesty's ] 7£ \8 ? ?; *
o u- j. e iu' T7- C 49. S. G. 1,1.)
Subjects or this King
dom professing the Popish Religion,'
as enacts * that no maintenance or
portion shall be granted to any child
of a popish parent, upon a bill filed
against such parent pursuant to the
aforesaid act of the second of Queen
Anne, out of the personal property of
such papist, except out of such leases
which they may hereafter take under
the powers granted in this act : '
- Also so much of an act passed in the
eighteenth year ofthesaidKing George
the Third, intituled * An
Act for relieving his J85G- 3- c-60'
Majesty's Subjects pro
fessing the Popish Religion from cer
tain Penalties and Disabilities im
posed on them by an Act made in the
Eleventh and Twelfth Years of the
Reign of King William the Third,
intituled " An Act for- the further pre
venting the Growth of Popery," ' as
enacts 'that nothing in this act con
tained shall extend or be construed to
extend to any popish bishop, priest,
Jesuit, or schoolmaster who shall not
have taken and subscribed to the
above oath in the above words before
he shall have been apprehended, or
any prosecution commenced against
him :'
' Also so much of an act of the parlia
ment of Ireland passed in the twenty-
third and twenty-fourth years of the
reign of the said King George the
Third, intituled ' An
Act for extending the ? g.3***- s'
Provisions of an Act
passed in this Kingdom in the Nine
teenth and Twentieth Years of his
Majesty's Reign, intituled " An Act
for naturalizing such Foreign Mer
chants, Traders, Artificers, Artizans,
Manufacturers, Workmen, Seamen,
Farmers, and others, as shall settle in

AND OTHER RECORDS.

85

this Kingdom," as excepts out of the
benefit of that act persons professing
the Jewish religion :
" Also so much of an act passed in the
thirty-first year of the reign of the
said King George the Third, intituled
31 G. 8.e. 32. 'An rACV.-° Ie'iieVe'
upon Conditions and un
der Restrictions, the Persons therein
described from certain Penalties and
Disabilities to which Papists or Per
sons professing the Popish Religion
are by Law subject,' as enacts ' that
nothing herein contained
shall be construed to give
any ease, benefit, or advantage to any
person who shall, by preaching, teach
ing, or writing, deny or gainsay the
oath of allegiance, abjuration, and de
claration herein-before mentioned and
appointed to be taken as aforesaid, or
the declarations or . doctrines therein
contained, or any of them : '
" Also so much of the said last-men
tioned act as provides and
enacts, ' that no school
master professing the Roman catholic
religion shall receive into his school
for education the child of any pro
testant father : '
" Also so much of the said last-men
tioned act as provides and
B' ' enacts, 'that no person
professing the Roman catholic reli
gion shall be permitted to keep a
school for the education of youth un
til his or her name and description as
a Roman catholic schoolmaster or
schoolmistress shall have been re
corded at the quarter or general ses
sion of the peace for the county or
other division or place where such
school shall be situated, by the clerk
of the peace of the said court, who is
hereby required to record such name
and description accordingly upon de
mand by such person, and to give a
certificate thereof to such person as
shall at any time demand the same,
and no person offending in the pre
mises shall receive any benefit of this
act : '
" Also so much of an act of the parlia
ment of Ireland passed in the thirty-
third year of the reign of the said King
George the Third, inti-
33G.3. c.21. tu]e(i .An Act for the
s. 14- (I-) Belief of (hU Majesty's
Popish or Roman catholic Subjects of
Ireland,' as provides ' that no papist or

Roman catholic, or person professing
the Roman catholic or popish religion,
shall take any benefit by or under this
act, unless he shall have first taken and
subscribed the oath and declaration
in this act contained and set forth,
and also the said oath appointed by
the said act passed in the thirteenth
and fourteenth years of his Majesty's
reign, intituled "An Act to enable
His Majesty's Subjects, of whatever
Persuasion, to testify their Allegiance
to Him in some One of his Majesty's
Four Courts in Dublin, or at the
General Sessions of the Peace, or at
any Adjournment thereof, to be holden
for the County, City, or Borough
wherein such Papist or Roman Ca
tholic, or Person professing the Ro
man Catholic or Popish Religion,
doth inhabit or dwell, or before the
going Judge or Judges of Assize in
the County wherein such Papist or
Roman Catholic, or Person professing
the Roman Catholic or Popish Reli-
ligion, doth inhabit and dwell, in open
Court : " '
" Also an act passed in the said thirty-
third year of the reign of the said King
George the Third, inti-
tuled ' An Act for requir
ing a certain Form of Oath of Abjur
ation and Declaration from his Ma
jesty's Subjects professing the Roman
Catholic Religion in that part of
Great Britain called Scotland. '
"II. And be it enacted, that from and
after the commencement of
this act her Majesty's sub- subjecUo'the
jects professing the Jewish same laws as
religion, in respect to their C5XHZ
schools, places for rehgious pect to schools
worship, education, and and PIaces of
charitable purposes, and the
property held therewith, shall be sub
ject to tbe same laws as her Majesty's
protestant subjects dissenting from the
church of England are subject to, and
not further or otherwise.
"III. Provided, that nothing in this
act contained shall affect
any action or suit actually ££££**..
pending or commenced, or
any property now in litigation, discus
sion, or dispute, in any of her Majesty's
courts of law or equity.
« IV. That from and after the Com
mencement of this act^ all Disturbing
laws now in force against religions as-
the wilfully and malici- scmbly, &c.

G 3

86

ANGLO-SAXON DOOMS,

ously or contemptuously disquieting or
disturbing any meeting, assembly, or
congregation of persons assembled for
religious worship, permitted or au
thorized by any former act or acts of
parliament, or the disturbing, molest
ing, or misusing any preacher, teacher,
or person officiating at such meeting,
assembly, or congregation, or any per
son or persons there assembled, shall
apply respectively to all meetings, as
semblies, or congregations whatsoever of
persons lawfully assembled for religious
worship, and the preachers, teachers, or
persons officiating at such last-mentioned
meetings, assemblies, or congregations,
and the persons there assembled.
" V. That this act may be repealed,
Act may be altered, or varied at any
amended, &c. time within this session of
Parliament."

BRIEF OF POPE PIUS IX.
The power of ruling the universal
Church, committed by our Lord Jesus
Christ to the Roman Pontiff, in the
person of St. Peter, Prince of the Apos
tles, hath preserved, through every age,
in the Apostolic See, that remarkable
solicitude by which it consulteth for the
advantage of the Catholic religion in all
parts of the world, and studiously pro
vided for its extension. And this cor-
respondeth with the design of its Divine
Founder, who, when he ordained a head
to the Church, provided for its safety,
by his excelling wisdom, to the end of
time. Amongst other nations the famous
realm of England hath experienced the
effects of this solicitude on the part of
the Supreme Pontiff. Its historians
testify, that in the very earliest ages of
the Church the Christian religion was
introduced into Britain, and subsequently
flourished greatly there ; but about the
middle of the fifth century, after the
Angles and Saxons had been invited
into the island, not only the affairs of the
nation, but religion itself, suffered most
grievous injury. But it is well known
that our most holy predecessor, Gregory
the Great, sent first Augustine the Monk,
with his companions, who subsequently,
with several others, were raised to the
dignity of bishops ; and a great com
pany of Benedictine Priests having been
^•sent to join them, the Anglo-Saxons

were brought to embrace the Christian
religion ; and by his influence it was
brought to pass, that in Britain, which
had now come to be called England, the
Catholic religion was every where again
restored and extended. But to recount
more recent events, the history of the
Anglican schism in the sixteenth cen
tury presents no feature so remarkable
as the care unremittedly exercised by the
Roman Pontiffs our predecessors to give
succour, in its hour of extremest peril,
to the Catholic religion in that realm,
and by all means in their power to afford
it assistance. Amongst other instances
of this care are the enactments and pro
visions made by the chief Pontiffs, or
under their direction and approval, for
the unfailing supply of persons to take
charge of Catholic interests in that coun
try ; and also for the education of Catho
lic youths of good abilities on the Con
tinent, and their careful instruction in
all branches of theological learning ; so
that, when subsequently promoted to
holy orders, they might return to their
native land and labour diligently to
benefit their countrymen, by the ministry
of the Word and of the sacraments, and
by the defence and propagation of the
true faith.
Perhaps even more conspicuous have
been the exertions made by our prede
cessors for the purpose of enabling the
English Catholics to have superiors in
vested with the episcopal character, as
the fierce and cruel storms of persecution
had deprived them of the presence and
pastoral care of their own bishops. The
Letters Apostolical of Pope Gregory
XV., commencing with the words " Ec
clesia Romana," and dated March 23.
1623, set forth that the chief Pontiff, as
soon as he was able, had deputed Wil
liam Bishop, consecrated Bishop of Chal-
cedon, with an ample supply of faculties,
and the authority of ordinary, to govern
the Catholics of England and of Scot
land. Subsequently, on the death of
the said William Bishop, Pope Urban
VIII., by Letters Apostolical, dated
Feb. 4. 1625, to the like effect, and di
rected to Richard Smith, renewed the
mission, and conferred on him, as Bishop
of Chalcedon, the same, faculties and
powers as had been granted to William
Bishop. When King James 1 1, ascended
the English throne, there seemed to be a
prospect of happier times for the Catho
lic religion. Innocent XI. immediately

AND OTHER RECORDS.

87

availed himself of this opportunity to
ordain, in the year 1685, John Leyburn,
Bishop of Adrumetum, Vicar Apostolic
of all England. Subsequently, by other
Letters Apostolical, issued January 30.
1688, and commencing with the words
" Super Cathedram," he associated with
Leyburn, as Vicars Apostolic, three other
bishops with titles taken from churches
in partibus infidelium ; and accordingly,
with the assistance of Ferdinand, Arch
bishop of Amaria, Apostolic Nuncio in
England, the same Pontiff divided Eng
land into four districts, namely, the
London, the Western, the Midland, and
the Northern ; each of which a Vicar
Apostolic began to govern, furnished
with all suitable faculties, and with the
powers proper to a local Ordinary.
Benedict XIV. by his Constitution,
dated May 30. 1753, beginning " Apos-
tolicum Ministerium," and the other
Pontiffs, our predecessors, and our Con
gregation of Propaganda, both by their
authority and by their wise answers,
supplied them with a rule of conduct,
and with aid towards the right discharge
of their important functions. This par
tition of all England into four Apostolic
Vicariates lasted till the time of Gregory
XVI., who, by Letters Apostolic, dated
July 3. 1 840, beginning " Muneris Apos-
tolici," having taken into consideration
the increase which the Catholic religion
had already received in that kingdom,
made a new ecclesiastical arrangement of
the districts, doubling the number of the
Apostolic Vicariates, and committing the
government of the whole of England in
spirituals to the Vicars Apostolic of Lon
don, the West, the East, the Centre,
Wales, Lancaster, York, and the North.
These facts that we have here cursorily
touched upon, to omit all mention of
others, are a clear proof that our pre
decessors have earnestly laboured, that
as far as their influence could effect it,
the Church in England might be re
freshed and re-erected from the midst of
the great calamity that had befallen her.
Having, therefore, before our eyes tbe
illustrious example of our predecessors,
and wishing to emulate it, in accordance
with the duty of the Supreme Aposto-
late, and also giving way to the inclina
tion of our own heart towards that be
loved part of our Lord's vineyard, we
have purposed, from the very first com
mencement of our pontificate, to prosecute a
work so well commenced, and to devote our

closer attention to the promotion of the
Church's advantage in that kingdom.
Wherefore, having taken into earnest
consideration the general state of Catho
lic affairs at present in England, and
reflecting on the very large and every
where increasing number of Catholics
there ; considering also that the impedi
ments which stood so much in the way
of the propagation of Catholicism are
daily being removed, we have thought
that the time had arrived, when the
form of ecclesiastical government in Eng
land might be restored to that shape in
which it exists freely amongst other
nations, where there is no special cause
for their being ruled by the extraordinary
ministry of Vicars Apostolic. We felt
that the adjuncts of times and circumstances
had brought it to pass, that it was not
necessary for the English Catholics to be
any longer governed by Vicars Apostolic ;
nay more, that such a change of circum
stances had taken place as to demand the
form of Ordinary Episcopal government.
In addition to this, the Vicars Apostolic
of England themselves had, with united
voice, besought this of us ; many also,
both of the clergy and laity, highly es
teemed for their virtue and rank, had
made the same petition ; and this was
also the earnest wish of by far the ma
jority of other Catholics of England.
Whilst we pondered on these things, we
did not omit to implore the aid of Al
mighty God, that in deliberating on a
matter of such weight, we might be en
abled both to discern, and rightly to
fulfil that which might be most con
ducive to promote the good of the
Church. We also invoked the assistance of the
most blessed Mary the Virgin, Mother
of God, and of those Saints, who have
rendered England illustrious by their
virtues, that they would vouchsafe to aid
us by their advocacy with God towards
the happy accomplishment of this affair.
In addition, we committed the whole
matter to our venerable brethren the
Cardinals of the Holy Roman Church,
our Congregation for the Propagation
of the Faith, to be carefully and gravely
considered. Their opinion was entirely
in accordance with our own desires, and
we freely approved of it; and judged
that it be carried into execution. The
whole matter, therefore, having been
carefully and deliberately weighed, We,
of our own proper motion, on certain

88

ANGLO-SAXON DOOMS,

knowledge, and in the plenitude of our
Apostolical power, constitute and de
cree, that in the kingdom of England,
according to the common rules of the
Church, the Hierarchy of Ordinary
Bishops shall reflourish, who shall be
named from Sees, which we constitute
by these very Letters of ours, in the
several districts of the Apostolic Vicar
iates. To begin with the London Dis
trict, there shall be in it two Sees ; that
of Westminster, which we elevate to the
degree of the Metropolitan or Archi
episcopal dignity, and that of Southwark,
which, as also the others (to be named
presently), we assign as suffragan to
Westminster. The diocese of West
minster shall embrace that part of the
above-named district which extends to
the north of the river Thames, and in
cludes the counties of Middlesex, Essex,
and Hertford ; that of Southwark shall
contain the remaining part to the south
of the river, viz., the counties of Berks,
Southampton, Surrey, Sussex, and Kent,
with the Islands of Wight, Jersey,
Guernsey, and the others adjacent to
them. In the Northern District there shall
be only one Episcopal See, to be named
from the city of Hexham, the diocese of
which shall be bounded by the same
limits as the district itself.
The York District shall also form one
diocese ; and the bishop shall have his
see in the city of Beverley.
In the Lancaster district there shall
be two bishops ;. of whom the one shall
receive his title from the See of Liver
pool, and shall have for his diocese the
Isle of Man, the hundreds of Lonsdale,
Amounderness, and West Derby. The
other shall take the name of his See from
the city of Salford ; and shall have for
his diocese the hundreds of Salford,
Blackburn, and Leyland : as to the
county of Chester, although it has
hitherto belonged to that district, we
shall now annex it to another diocese.
In the District of Wales there shall
be two bishoprics, viz. that of Shrews
bury, and that of St. David's and New
port united with each other. The diocese
of Shrewsbury shall contain, northwards,
the counties of Anglesey, Carnarvon,
Denbigh, Flint, Merioneth, and Mont
gomery ; to which we annex the county
of Chester, out of the Lancaster District,
and the county of Salop, from the Cen.
tral District. We assign to the Bishop

of St. David's and Newport, as his dio
cese, northwards, the Counties of Car
marthen, Cardigan, Glamorgan, Pem
broke, and Radnor, also the English
counties of Monmouth and Hereford.
In the Western District we establish
two Episcopal Sees, that of Clifton and
that of Plymouth. To the former of
these we assign as a diocese the counties
of Gloucester, Somerset, and Wilts ; to
the latter those of Devon, Dorset, and
Cornwall. The Central District, from which we
have already detached the county of
Salop, shall have two Episcopal Sees ;
that of Nottingham and that of Birming
ham. To the former of these we assign,
as a diocese, the counties of Nottingham,
Derby, and Leicester, together with those
of Lincoln and Rutland, which we hereby
separate from the Eastern District. To
the latter we assign the counties of
Stafford, Warwick, Worcester, and Ox
ford. Lastly : in the Eastern District, there
shall be but one bishop's see, which shall
take its name from the city of North
ampton, and shall have its diocese com
prised within the same limits as have
hitherto bounded the district, with the
exception of the counties of Lincoln and
Rutland, which we have already assigned
to the aforesaid diocese of Nottingham.
Thus, then, in the most flourishing
kingdom of .England, there shall be a
single Ecclesiastical Province, consti
tuted of One Archbishop, or Metropoli
tan Prelate, and Twelve Bishops his
suffragans ; by whose zeal and pastoral
care we trust, under God's favour, that
the Catholic estate in that country shall
have a fruitful and daily increasing ex
tension. Wherefore, we now reserve to
ourselves and our successors, the Pontiffs
of Rome, the power of again dividing
the said province into more than one,
and of increasing the number of dioceses,
as occasion shall require ; and in general,
of freely decreeing, as it shall seem meet
before the Lord, new boundaries to them.
In the meanwhile we command the
aforesaid archbishop and bishops, that
they transmit, at due times, to our Con
gregation for the Propagation of the
Faith reports of the state of their
Churches, and that they never, omit to
keep the said Congregation fully in
formed respecting all matters which they
know will conduce to the spiritual wel
fare of their flocks. For we shall con-

AND OTHER RECORDS.

89

tinue to avail ourselves" of the services of
the said Congregation in administering
all matters appertaining to the Anglican
Churches. But in the sacred govern
ment of the clergy and the people, and
in all other things appertaining unto the
pastoral office, the archbishop and bishops
of England shall henceforward enjoy all
the rights and faculties which other
Catholic archbishops and bishops of
other nations, according to the Common
Ordinances of the Sacred Canons and
Apostolic Constitutions, use, and may
use : and shall be equally bound by
those obligations which bind other arch
bishops and bishops according to the
same common discipline of the Catholic
Church. Ftfrther, whatever regulations,
either in the ancient system of the Angli
can Churches, or in the subsequent state
of the missions, may have been in force,
either by special constitutions or pri
vileges or peculiar customs, shall hence
forth, circumstances having been changed,
carry no right nor obligation with them ;
and in order that no doubt may remain
on this point, We, by the plenitude of
our Apostolic authority, take away and
abrogate all power whatsoever of impos
ing obligation or conferring right from
those peculiar constitutions and privi
leges of whatever kind they may be, and
from all customs, at whatever period,
even the most ancient or immemorial,
they may have been introduced. Hence
it shall for the future be open for the
archbishop and bishops of England to
decree such things as belong to the exe
cution of the Common Law, and such as,
according to the common discipline of
the Church, are left to the authority of
bishops. We, certainly, shall not omit
to assist them with our Apostolic autho
rity, and most readily will we second all
their applications in those things which
shall seem to conduce to the greater
glory of God's name and the salvation of
souls. Our principal object, indeed, in
decreeing by these our Letters Apos
tolic, the restoration of the Ordinary
Hierarchy of Bishops, and the observa
tion of the Common Law of the Church,
has been to consult the well-being and
extension of the Catholic religion
throughout the realm of England ; but,
at the same time, it has been our pur
pose to gratify the wishes both of our
venerable brethren who rule over sacred
matters in that kingdom by the delegated
authority of the Apostolic See, and also of

very many of our well-beloved children
of the Catholic clergy and people, from
whom we had received the most urgent
prayers to that effect. The same appli
cation had repeatedly been made by their
ancestors to our predecessors, who, in
deed, had first commenced to depute
Vicars Apostolic in England at a time
when it was impossible for any Catholic
prelate to remain there in possession of
his own Church by right as Ordinary ,-
and hence their design in successively
augmenting the number of Vicars and
Vicarial districts, was not certainly that
the Catholic estate in England should
be perpetually under an extraordinary
form of government, but rather that,
looking forward to its extension in pro
cess of time, they might prepare the
way for the ultimate restoration of the
Ordinary Hierarchy there.
And therefore we, to whom by God's
great goodness it hath been granted to
complete this great work, do now hereby
declare, that it is very far from our in
tention or design that the prelates of
England, now possessing the title and
rights of Bishops in Ordinary, should, in
any other respect, be deprived of any
advantages which they have enjoyed here
tofore under the character of Vicars
Apostolic. For it would not be reason
able, that the enactments we now make
at the instance of the English Catholics,
for the benefit of religion amongst them,
should turn to the detriment of the
Vicars Apostolic. Moreover, we rely
most firmly on the hope that the same,
our beloved children in Christ, who have
never ceased to contribute by their alms
and liberality, under such various cir
cumstances, to the support of the Catho
lic estate, and of the Vicars Apostolic,
will henceforward manifest even greater
liberality towards the bishops themselves
who are now bound by a stronger tie to
the Anglican Churches, so that they
may never be in want of the temporal
supplies requisite for the splendour of
the temples, and of divine service, and
for the support of the clergy and the poor,
and other ecclesiastical uses. In con
clusion, lifting up our eyes unto the
hills, from whence cometh our help, to
God Almighty and All-merciful, with all
prayer and supplication and thanksgiv
ing, we humbly beseech Him, that He
would confirm by the power bf His
Divine assistance all that we have now
decreed for the good of the Church ;

90

ANGLO-SAXON DOOMS,

and that He would bestow the strength
of His grace on those to whom the exe
cution of our decrees chiefly belongs,
that they may feed the Lord's flock
which is amongst them, and that they
may alway apply themselves more dili
gently to advance the greater glory of
His Name. And in order to obtain the
more abundant succours of heavenly
grace for this purpose, We again invoke,
as deprecators before God, the most
Holy Mother of God, the Blessed Apos
tles Peter and Paul, with the other
heavenly patrons of England ; and es
pecially St. Gregory the Great, that since
it is now granted to such our insufficient
deserts to renew Episcopal Sees in Eng
land, precisely as he in his age accomplished
it, to the very great advantage of the
Church, this restoration also which we
make of Episcopal Dioceses in that
kingdom may redound to the benefit of
the Catholic religion. Decreeing that
these our Letters Apostolical may never
at any time be objected against or im-
pugned, through fault of mis-suggestion
and mis-suppression, or any defect either
of our intention, or otherwise ; but shall
always be valid and in force, and ought
to take effect in all particulars, and be in
violably observed. All general or special
enactments notwithstanding, whether
Apostolic, or issued in Synodal, Pro
vincial, or Universal Councils; notwith
standing also all rights and privileges of
the ancient Sees of England, and of the
Missions, and of the Apostolic Vicariates
subsequently there established, and of all
Churches whatsoever, and pious places,
whether established by oath, by Apostolic
confirmation, or by any other security
whatsoever ; notwithstanding, lastly, all
other things to the contrary whatsoever.
For all these, in as far as they contravene
the foregoing enactments, although it
should be requisite that a special men
tion of them should be made for their
repeal, or some other form, however par
ticular, be observed, we expressly repeal.
Moreover, we decree, that if, in any
other manner, any attempt shall be
MADE BY ANY PERSON, OR BY ANY AUTHO
KITY, KNOWINGLY OR IGNORANTLY, TO SET
ASIDE THESE ENACTMENTS, SUCH ATTEMPT
SHALL BE NULL AND VOID. And it is OUr
will and pleasure that printed copies of
these our Letters, when subscribed by
the hand of a notary public, and sealed
with the seal of a constituted ecclesiasti
cal dignitary, shall have the same credit

as would be given to the expression of
our will upon the production of this
diploma. Given at Rome, at St. Peter's, under
the Fisherman's ring, this 29th day of
September, 1 850, in the fifth year of
our Pontificate. A. Card. Lambruschini.
PASTORAL.
Nicholas, by the Divine Mercy of the Holy
Roman Church by the Title of St.
Pudentiana Cardinal Priest, Archbishop
of Westminster, and Administrator Apos
tolic of the Diocese of Southwark.
To our Dearly Beloved in Christ, the
Clergy Secular and Regular, and the
Faithful of the said Archdiocese and
Diocese.
Health and Benediction in the Lord.
If this day we greet you under a new
title, it is not, dearly beloved, with an
altered affection. If in words we seem
to divide those, who till now have formed,
under our rule, a single flock, our heart
is as undivided as ever in your regard.
For now truly do we feel closely bound
to you by new and stronger ties of
charity ; now do we embrace you in our
Lord Christ Jesus, with more tender
emotions of paternal love ; now doth
our soul yearn, and our mouth is open
to you* j though words must fail to ex
press what we feel, on being once again
permitted to address you. For if our
parting was in sorrow, and we durst not
hope that we should again face to face be
hold you, our beloved flock ; so much
the greater is now our consolation and our
joy, when we find ourselves, not so much
permitted, as commissioned, to return to
you, by the Supreme Ruler of the
Church of Christ.
But how can we for one moment in
dulge in selfish feelings, when through
that loving Father's generous and wise
counsels, the greatest of blessings has
just been been bestowed upon our coun
try, by the restoration of its true Catholic
hierarchical government, in communion
with the See of Peter.
For on the twenty-ninth day of last
month, on the Feast of the Archangel
St. Michael, Prince of the Heavenly
Host, His Holiness Pope Pius IX. was
graciously pleased to issue his letters
Apostolic, under the Fisherman's Ring,

AND OTHER RECORDS.

91

conceived in terms of great weight and
dignity, wherein he substituted for the
eight Apostolic Vicariates heretofore
existing, one Archiepiscopal or Metro
politan and twelve Episcopal Sees; re
pealing at the same time, and annulling,
all dispositions and enactments, made
for England by the Holy See, with re
ference to its late form of ecclesiastical
government. And by a Brief dated the same day,
His Holiness was further pleased to
appoint us, though most unworthy, to
the Archiepiscopal See of Westminster,
established by the above mentionedbtoers
Apostolic, giving us at the same time the
administration of the Episcopal see of
Southwark. So that at present, and till
such time as the Holy See shall think fit
Otherwise to provide, we govern, and shall
continue to govern, the counties of Mid
dlesex, Hertford, and Essex, as Ordinary
thereof, and those of Surrey, Sussex,
Kent, Berkshire, and Hampshire, with
the Islands annexed, as Administrator
with Ordinary jurisdiction.
Further we have to announce to you,
dearly beloved in Christ, that, as if still
further to add solemnity and honour be
fore the Church to this noble act of Apos
tolic authority, and to give an additional
mark of paternal benevolence towards
the Catholics of England, His Holiness
was pleased to raise us, in the private
Consistory of Monday, the 30th of Sep
tember, to the rank of Cardinal Priest
of the Holy Roman Church. And on
the Thursday next ensuing, being the
third day of this month of October, in
public Consistory, he delivered to us the
insignia of this dignity, the Cardinalitial
Hat; assigning us afterwards for our
title in the private Consistory which we
attended, the Church of St. Pudentiana,
in which St. Peter is groundedly be
lieved to have enjoyed the hospitality of
the noble, and partly British family of
the Senator Pudens.
In that same Consistory we were en
abled ourselves to ask for the Archiepis
copal Pallium, for our new See of West
minster ; and this day we have been
invested, by the hands of the Supreme
Pastor and Pontiff himself, with this
badge of Metropolitan jurisdiction.
The great work then is complete;
what you have long desired and prayed
for is now granted. Your beloved coun
try has received a place among the fair
Churches, which, normally constituted

form a splendid aggregate of Catholic
Communion : Catholic England has been
restored to its orbit in the ecclesiastical
firmament, from which its light had long
vanished, and begins now anew its course
of regularly adjusted action, round the
centre of unity, the source of jurisdic
tion, of light and of vigour. How
wonderfully all this has been brought
about, how clearly the hand of God has
been shown in every step, we have not
now leisure to relate ; but we may hope
soon to recount to you by word of
mouth. In the meantime we will con
tent ourselves with assuring you, that,
if the concordant voice of those venera
ble and most eminent Counsellors to
whom the Holy See commits the regu
lation of Ecclesiastical affairs in Mis
sionary countries, of the overruling of
every variety of interests and designs, to
the rendering of this measure almost
necessary, if the earnest prayers of our
holy Pontiff and his most sacred obla
tion of the Divine Sacrifice, added to
his own deep and earnest reflection, can
form to the Catholic heart an earnest of
heavenly direction, an assurance that the
Spirit of truth, that guides the Church,
has here inspired its Supreme Head, we
cannot desire stronger or more consoling
evidence that this most important mea
sure is from God, has His sanction and
blessing, and will consequently prosper.
Then truly is this day to us a day of
joy and exaltation of spirit, the crown
ing day of long hopes, and the opening
day of bright prospects. How must
the saints of our country, whether Ro
man or British, Saxon or Norman, look
down from their seats of bliss with beam
ing glance upon this new evidence of
the Faith and Church which led them
to glory, sympathising with those who
have faithfully adhered to them through
centuries of ill repute, for the truth's
sake, and now reap the fruit of their
patience and long-suffering. And all
those blessed martyrs of these later ages,
who have fought the battles of tbe Faith
under such discouragement, who mourn
ed, more than over their own fetters or
their own pain, over the desolate ways
of their own Sion and the departure of
England's religious glory ; oh ! how
must they bless God, who hath again
visited His people, how take part in
our joy, as they see the lamp of the
temple again enkindled and rebrighten-
ing, as they behold the silver links of

92

ANGLO-SAXON DOOMS, ETC.

that chain, which has connected their
country with the See of Peter in its
Vicarial Government, changed into bur
nished gold ; not strongernormoreclosely
knit, but more beautifully wrought and
more brightly arrayed.
And in nothing will it be fairer or
brighter than in this, that the glow of
more fervent love will be upon it.
Whatever our sincere attachment and
unflinching devotion to the Holy See
till now, there is a new ingredient cast
into these feelings ; a warmer gratitude,
a tenderer affection, a profounder ad
miration, a boundless and endless sense
of obligation, for so new, so great, so
sublime a gift, will be added to past
sentiments of loyalty and fidelity to the
supreme See of Peter. Our venerable
Pontiff has shown himself a true Shep
herd, a true Father ; and we cannot but
express our gratitude to him in our most
fervent language, in the language of
prayer. For when we raise our voices,
as is meet, in loud and fervent thanks
giving to the Almighty, for the precious
gifts bestowed upon our portion of
Christ's vineyard, we will also implore
every choice blessing on Him who has
been so signally the divine instrument
in procuring it. We will pray that His
rule over the Church may be prolonged
to many years, for its welfare ; that
health and strength may be preserved to
Him for the discharge of His arduous
duties, that light and grace may be
granted to Him proportioned to the sub
limity of His office ; and that consola
tions, temporal and spiritual, may be
poured upon Him abundantly, in com
pensation for past sorrows and past ingra
titude. And of these consolations may
one of the most sweet to His paternal

heart be the propagation of Holy Reli
gion in our country, the advancement of
His spiritual children there in true piety
and devotion, and our ever increasing af
fection and attachment to the See of St.
Peter. In order, therefore, that our thanks
giving may be made with all becoming
solemnity, we hereby enjoin as follows : —
I. This our Pastoral Letter shall be
read publicly in all the Churches and
Chapels of the Archdiocese of West
minster and the Diocese of Southwark,
on the Sunday after its being received. •
2. On the following Sunday there
shall be in every such Church or Chapel
a Solemn Benediction of the Blessed
Sacrament, at which shall be sung the
Te Deum, with the usual versicles and
prayers with the prayer also Eidelium
Deus Pastor, et Rector for the Pope.
3. The Collect Pro Gratiarum Actione,
or Thanksgiving, and that for the Pope
shall be recited in the Mass of that day
and for two days following.
4. Where Benediction is never given,
the Te Deum, with its prayers, shall be
recited or sung after Mass, and the Col
lects above named shall be added as en
joined. And at the same time earnestly en
treating for ourselves also, a place in
your fervent prayers, We lovingly im
plore for you and bestow on you the
Blessing of Almighty God, Father, Son,
and Holy Ghost. Amen.
Given out of the Flaminian Gate of
Rome, this seventh day of October, in
the year of Our Lord mdcccl.
(Signed) Nicholas,
Cardinal Archbishop of Westminster.
By command of His Eminence.
Francis Searle, Secretary.

THE END.

London:
Spottiswoodes and Shaw,
New. street-Square.

ADDENDA.

ECCLESIASTICAL TITLES ASSUMPTION ACT.

Stat. 14 & 15 VICTORIA, c. 60.
An Act to prevent the Assumption of
certain Ecclesiastical Titles in respect
of Places in the United Kingdom.
[1st August 1851.]
" Whereas divers of Her Majesty's Roman
Catholic Subjects have assumed to them
selves the Titles of Archbishop and Bi
shops of a pretended Province, and of pre
tended Sees or Dioceses, within the United
Kingdom, under colour of an alleged Au
thority given to them for that Purpose
by certain Briefs, Rescripts, or Letters
Apostolical from the See of Rome, and par
ticularly by a certain Brief, Rescript, or
Letters Apostolical purporting to have
been given at Rome on the Twenty-ninth
of September One thousand eight hun-
,«„ . » „, dred and fifty ; And where
in G. 4. c. 7. s. 24. M by the A<ft'of the Tenth
Year of King George the Fourth, Chapter
deven, after reciting that the Protestant
Episcopal Church of England and Ire
land, and the Doctrine, Discipline, and
Government thereof, and likewise the
Protestant Presbyterian Church of Scot
land, and the Doctrine, Discipline, and
Government thereof, were by the respec
tive Acts of Union of England and Scot
land, and of Great Britain and Ireland,
established permanently and inviolably,
and that the Right and Title of Arch
bishops to their respective Provinces, of
Bishops to their Sees, and of Deans to
their Deaneries, as well in England as in
Ireland, had been settled and established
by Law, it was enacted, that if any Per
son after the Commencement of that Act,
other than the Person thereunto author
ized by Law, should assume or use the
Name, Style, or Title of Archbishop of
any Province, Bishop of any Bishopric, or
Dean of any Deanery, in England ot Ire
land, he should for every such Offence
forfeit and pay the Sum of One hundred
Pounds : And whereas it may be doubted
whether the recited Enactment extends
to the Assumption of the Title of Arch
bishop or Bishop of a pretended Province
or Diocese, or Archbishop or Bishop of
a Citv, Place, or Territory, or Dean ot
aW pretended Deanery in England or
Ireland not being the See, Province or
DioS of any Archbishop or Bishop
nr Deanery of any Dean recognized by
or Deanery o J. t estat,ii8h, under
fc^Auftority from the See of Rome

or otherwise, such pretended Sees, Pro
vinces, Dioceses, or Deaneries, is illegal
and void : And whereas it is expedient to
prohibit the Assumption of such Titles in
respect of any Places within the United
Kingdom:" Be it therefore declared and
enacted by the Queen's most Excellent
Majesty, by and with the Advice and
Consent of the Lords Spiritual and Tem
poral, and Commons, in this present
Parliament assembled, and by the Autho
rity of the same, That—
I. All such Briefs, Re- Briefs, Re
scripts, or Letters Apo- "nPj>. or_ L.ct- .
± -i- i j n j ters Apostolical
stohcal, and all and every iecl3I£A unlaw-
the Jurisdiction, Autho- ful and void.
rity, Pre-eminence, or Ti
tle conferred or pretended to be conferred
thereby, are and shall be and be deemed
unlawful and void.
IT. Andbeit enacted, ~
That if, after the passing ^"iEJ;
of this Act, any Person or nutting in
shall obtain or cause to be use any such
procured from the Bishop %&»$*'
or See of Rome, or shall Archbishops,
publish or put in use with- Bishops, &c. of
in any Part of the United pretended Pro-
Kingdom, any such Bull, EE3£Sb"
Brief, Rescript, or Letters to a penalty of
Apostolical, or any other 100Z. for every
Instrument orWriting, for Offence.
the purpose of constituting such Arch
bishops or Bishops of such pretended
Provinces, Sees, or Dioceses within the
United Kingdom, or if any Person, other
than a Person thereunto authorized by
Law in respect of an Archbishopric, Bi
shopric, or Deanery of the United Church
of England and Ireland, assume or use
the Name, Style, or Title of Archbishop,
Bishop, or Dean of any City, Town, or
Place, or of any Territory or District,
(under any Designation or Description
whatsoever,) in the United Kingdom,
whether such City, Town, or Place, or
such Territory or District, be or be not
the See or the Province, or co-extensive
with the Province, of any Archbishop, or
the See or the Diocese, or co-extensive
with the Diocese, of any Bishop, or the
Seat or Place of the Church of any Dean,
or co-extensive with any Deanery, of the
said United Church, the Person so offend
ing shall for every such Offence forfeit
and pay the Sum of One hundred Pounds,
to be recovered as Penal- Eecovery of
ties imposed by the recited Penalties.

94

ADDENDA.

Act may be recovered under the Provi
sions thereof, or by Action of Debt at the
Suit of any Person in One of Her Majes
ty's Superior Courts of Law, with the
Consent of Her Majesty's Attorney Gene
ral in England and Ireland, or Her Ma
jesty's Advocate in Scotland, as the Case
may be. III. This Act shall
Act not to ex- not extena or apply to the
tend to Bishops , .. W *Y
of the Protectant Assumption or Use by any
Episcopal Bishop of the Protestant
Church in Episcopal Church in Scot-
bcotland. land exerc;smg Episcopal
Functions within some District or Place
in Scotland of any Name, Style, or Title

in respect of such District or Place ; but
nothing herein contained shall be taken
to give any Right to any such Bishop to
assume or use any Name, Style, or Title
which he is not now by Law entitled to
assume or use.
" IV. Be it enacted, Nothing to
That nothing herein con- affect Provisions
tained shall be construed of 7& 8 Vict. c. 97.
to annul, repeal, or in any Manner affect
any Provision contained in an Act passed
in the Eighth Year of the Reign of Her
present Majesty, entitnled An Act for the
more effectual Application of Charitable
Donations and Bequests in Ireland.

THE QUEEN'S PEOCLAMATION.
(From the London Gazette, Tuesday, June 15.)
By the QUEEN.
A PROCLAMATION.

Victoria R.
Whereas by the Act of Parliament,
passed in the 10th year of the reign of
His late Majesty King George IV., for
the relief of His Majesty's Roman Catho
lic subjects, it is enacted that no Roman
Catholic ecclesiastic, nor any member
of any of the religious orders, communi
ties, or societies of the Church of Rome,
bound by monastic or religious vows,
should exercise any of the rites or cere
monies of the Roman Catholic religion,
or wear the habits of his order, save with
in the usual places of worship of the
Roman Catholic religion, or in private
houses; and whereas it has been repre
sented to us that Roman Catholic eccle
siastics, wearing the habits of their orders,
have exercised the rights and ceremonies
of the Roman Catholic religion in high
ways and places of public resort, with
many persons in ceremonial dresses, bear
ing banners and objects, or symbols, of
their worship, in procession, to the great
scandal and annoyance of large numbers
of our people, and to the manifest danger

of the public peace ; and whereas it has
been represented to us that such violation
of the law has been committed near places
of public worship during the time of-
divine service, and in such a manner as
to disturb the congregations assembled
therein, we have, therefore, thought it
our bounden duty, by and with the ad
vice of our Privy Council, to issue this our
Royal Proclamation, solemnly warning
all those whom it may concern, that,
whilst we are resolved to protect our
Roman Catholic subjects in the undis
turbed enjoyment of their legal rights
and religious freedom, we are determined
to prevent and repress the commission of
all such offences as aforesaid, whereby the
offenders may draw upon themselves the
punishments attending the violation of
the laws, and the peace and security of
our dominions may be endangered.
Given at our Court at Buckingham
Palace this 15th day of June,' in the
year of our Lord 1852, and in the
15th year of our reign.
GOD save the QUEEN.

UK)