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A47876 The lawyer outlaw'd, or, A brief answer to Mr. Hunts defence of the charter with some useful remarks on the Commons proceedings in the last Parliament at Westminster, in a letter to a friend. L'Estrange, Roger, Sir, 1616-1704. 1683 (1683) Wing L1266; ESTC R25476 42,596 42

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whilst these Brothers lived and held together they were as a strong Fortress one to the other the Admirals Courage supporting the Protectors Authority and the Protectors Authority maintaining the Admirals Stoutness but the Admiral once gone the Protectors Authority as wanting support began to totter and fell at last to utter ruine Besides there was at this time amongst the Nobility a kind of Faction Protestants who favour'd the Protector for his own sake and other of the Papal inclination who favour'd him for his Brothers sake But his Brother being gone both sides forsook him even his own side as thinking they could expect little assistance from him who gave no more assistance to his own Brother Bakers Chronicle p. 307. What a noise they make about these terrible Bugbears Popery and Slavery as if both were inseparable and actually breaking in upon the Nation or rather come as far as the Lobby of the House of Commons For my part tho I have no reason to be fond of either the one being no less contrary to my Nature than the other to my Principles yet I cannot be startl'd at every shadow nor believe that the Duke having already spent the Prime of his days let him succeed never so soon will be able to introduce amongst us any new much less the Popish Religion Neither can I be perswaded contrary to common sense and the experience of so many Ages but that the Papists are as fond of their Liberty and Property and consequently as great enemies to Slavery as any Protestant whatsoever For to them we owe the unparallel'd Common-Law of this Realm Magna Charta and all those wholesom Statutes grounded thereupon to them we are oblig'd for the incomparable Frame of our well-temper'd Monarchy which affords very much to the Industry and Happiness of the Subject yet preserves enough for the Majesty and Prerogative of any King that will own his People as Subjects and not as Slaves or Villains Who then but a Fool or a Mad-man wou'd think Slavery the unavoidable consequence of that Religion the Professors whereof even in the time of their blindest zeal and greatest darkness for since then they are much refin'd made such impregnable Bulwarks against it and provided such wholesome Laws to defend themselves from all the encroachments of Arbitrary Power Insomuch that the high and mighty Pope himself who often endeavour'd to enslave this Kingdom and make it Tributary to his avarice found to his great grief that tho some ignorant Bigots wou'd contribute to fill his Coffers yet the generality of the Nation were so tender of their own and their Princes Rights that they always oppos'd him with true English Courage as appears not only by hundreds of adjudg'd Cases reported in our law-Law-Books but by divers Records and Acts of Parliament For 25 Ed. 3. Stat. of Provisors 't is enacted That such persons as obtain Provisions or collation of Benefices from Rome and thereupon disturb the Presentees of the King or of other Patrons of Holy Church or of their Advowees The said Provisors their Procurators Executors and Notaries shall be attached by their body and brought in to Answer And if they be convict they shall abide in Prison without being let to Mainprise or Bail or otherwise delivered till 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 they be delivered they shall make full renunciation and find Surety that they shall not attempt such 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 Imprisonments or Renunciations nor any other thing depending of them And in the same year it was Enacted that he that purchas'd a Provision in Rome for an Abbey shou'd be out of the Kings Protection and any man might do with him as with the Kings Enemy 25 Ed. 3. c. 22. 2● Ed. 3. c. 1. upon the grievous Complaints of the Lords and Commons in Parliament It was ordain'd that all People of the Kings L●geance of what condition that they be which shall draw any out of the Realm in Plea whereof the cognizance pertaineth to the Kings Court or of things whereof Judgements be given in the Kings Court or which do Sue in any other Court to defeat or impeach the Judgements given in the Kings Court if they appear not within two months after warning given shall be put out of the Kings Protection and their Lands Goods and Chattles forfeit to the King and their Bodies wheresoever they may be found shall be taken and Imprisoned and Ransomed at the Kings will 13 R. c. 2. 'T is Enacted That if any do accept of a Benefice of Holy Church contrary to this Statute and that duly prov'd he shall within six Weeks next after such acceptation be exiled and banished out of the Realm for ever and his Lands and Tenements Goods and Chattles shall be forfeit to the King And if any Receive any such person banished coming from beyond the Sea or being within the Realm after the said six Weeks knowing thereof he shall be also exiled and banished and incurr such forfeiture as afore is said And their Procurators Notaries Executors and Summoners shall have the pain and forfeiture aforesaid And c. 3 It is ordained and established That if any man bring or send within the Realm or the King's power any Summons Sentence or Excommunication against any person of what condition that he be for the 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 a Prelate make execution of such Summons Sentences or Excommunications that his Temporalties be taken and abide in the Kings hands till due redress and correction thereof be made And if any person of less Estate than a Prelate of what condition 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 Kings Councel 16 R. 2. 't is declar'd That the Crown of England which hath been so free at all times that it hath been in no earthly subjection but immediately subject to God in all things touching the Regalty of the same Crown ought not to be submitted to the Pope nor the Laws and Statutes of the Realm by him defeated and avoided at his will in perpetual destruction of the Sovereignty of the King our Lord His Crown His Regalty and of all His Realm And moreover the Commons affirmed That the things attempted by the Pope be clearly against the King's Crown and His Regality used and approved of in the time of all his Progenitors Wherefore they and all the Leige-Commons of the same Realm will stand by the King and