admitted in the King 's English Church and Congregations as whereby good Christian People ordering themselves accordingly do receive both Godly and goodly consolations and benefits and it is agreeable also to God's Law. 6. That Auricular Confession is expedient and necessary to be retained and continued used and frequented in the Church of God. He that by word of Mouth Writing Printing Cyphering or in any otherwise doth Publish Preach Teach Say Affirm Declare Dispute Argue or hold any Opinion contrary to the first Article is by that Act of 31 H. 8. ca. 14. Declared a Heretick to suffer Death by burning and to forfeit his Estate as in case of High Treason The publick Preaching and affirming in a Court of Justice any thing contrary to the other five Articles and Marrying after a vow of Chastity is declared Felony without Benefit of Clergy and to forfeit as in cases of Felony And if any Person by Words Writing Printing Cyphering or otherwise publish declare or hold Opinion contrary to the said five Articles he forfeits his Goods and Chattels for ever the Profits of his Lands Tenements and other his real Estate during his life his Spiritual Promotion shall be utterly void and his body imprisoned at the King's Pleasure for the first offence and for the second offence to be adjudg'd a Felon and suffer and forfeit as a Felon without Benefit of Clergy By which Act it plainly appears that the denying of Transubstantiation was by this Law made High Treason The publishing or holding the necessity of Receiving in both kinds the lawfulness of Priests Marrying the unlawfulness of vowing Chastity of private Masses and Auricular Confession was no less than Felony or at least a Premunire So that in a word to be a Protestant was to be a Traytor a Felon or subject to a Premunire And could they have found any punishment inflicted by our Laws that is worse they would no doubt have made the Protestants subject to it and that not as Offenders against the Polity of the Civil State but purely upon the Account of their Religion And therefore the next thing that is done by these destroyers of Souls as well as Bodies is to take away all means of Knowledge as well as to inhibit the Promulgation thereof upon such severe Penalties and for that purpose was the Act of 34 H. 8. ca. 1. made Whereby 34 H. 8. ca. 1. Rast Stat. p. 782. The means of Knowledge in Religion taken away by this Act from the Protestants All Books of the Old and New Testament in English being of Tindal's Translation or Comprising any matter of Christian Religion Articles of the Faith or holy Scripture contrary to the Doctrine aforesaid i. e. the Doctrine of Popery and set forth after the year 1540 or then to be set forth by the King were utterly abolished no Printer or Bookseller was to utter any of the aforesaid Books no person was to play in enterlude sing or rhyme contrary to the said Doctrine no person was to retain any English Books or Writings concerning matter against the Holy and Blessed Sacrament of the Altar i. e. the Mass or other Books abolished by the King's Proclamation there was to be no annotations or preambles in Bibles or New Testaments in English The Bible was not to be read in English in any Church no Women or Artificers Prentices Iourneymen Servingmen of the degrees of Yeomen or under Husbandmen nor Labourers should read the new Testament in English Nothing was to be taught or maintained contrary to the King's Instructions which were for the suppressing Heresie or Protestantism and if any Spiritual person should preach teach or maintain any thing contrary to the King's Instructions or Determinations made or to be made and should be thereof Convict he should for his first Offence recant for the second abjure and bear a Fagot and for his third should be adjudged an Heretick and be burnt and lose all his Goods and Chattels And whoever will take the pains to read over 1 Dr. Burnet the History of the Reformation together with 2 Fox the Book of Martyrs of which Book Dr. Burnet in his Preface to the first part of his History of the Reformation saith that he having compared his Acts and Monuments with the Records had never been able to discover any Errors or Prevarications in them but the utmost fidelity and exactness will find so many instances of putting all these bloody Laws before mentioned in Execution as I perswade my self that there are some Papists would e'en blush at and be throughly ashamed of and if they have any thing of Humanity in them must utterly abhor But before I can carry on the account of the rest of the Penal Laws made by the Papists against the Protestants the Reformation in King Edward the 6 th's time of Glorious Memory intervening I shall shew how the Reformers used the Papists in his Reign CHAP. V. Ed. VI. IT may be expected that I should say something of Henry the 8 th's Reformation But as to what was done in Henry the 8 th's time I shall not trouble the Reader with any thing because the Reverend and Learned Doctor Burnet is so far from giving him the Character of good that he concludes his first part of the History of the Reformation Hist of the Reformation vol. 1. p. 362. with this speaking of Henry the 8 th I do not deny that he is to be numbred among the ill Princes yet I can't rank him with the worst Which Character certainly the preceeding account of the Laws made in his time against the Protestants does evidence to be very favourable to him I shall therefore begin with the Laws made in the Reign of King Edward the 6 th and the manner of introducing them King Edward the 6 th coming to the Crown young and Cranmer and others designing throughly to reform the Church of England from the Errors and Corruptions that were crept into Her during the time she was under the Popish Tyranny The first step that was set in order to it was the visiting the Clergy quite over England and compiling some wholesome Homilies Mild Methods us'd by King Ed. the 6th before any Laws made to supply the defect of Sermons by reason of the ignorance of the then Clergy and to prevent unnecessary Disputes in the Pulpits Their Articles and Injunctions for the Visitation were to be observed under the pains of Excommunication Sequestration or Deprivation not upon the Penalty of being burnt as a Heretick or forfeiture either of Lands in fee simple or Goods or Chattels or either or any of them This was done before the Parliament was called November the 4 th 1547. The Parliament met and the first Act of Parliament that was made was an Act against such as should unreverently speak against the Sacrament of the Altar and of the receiving thereof under both kinds which Act of Parliament in the Preamble takes notice That the King
submit themselves to the Romish Bishops and Prelates and the Histories of those times acquaint us that they were the Professors of the true Religion afterwards called Protestants By Colour of this supposed Act certain persons that held that Images were not to be worshipped Co. Inst 3 d. fol. 40. and such like Doctrines which the Protestants now hold were detained and tormented in Prison till they were compelled before the Masters of Divinity as they called themselves to take an Oath and did swear to worship Images which was against the Moral and Eternal Law of Almighty God. This these Popish Bishops and Prelates did by vertue of this Law which indeed was none for it was onely signed by the King at the instance of the Bishops and Prelates and never assented to by the Commons and therefore in the next Parliament the Commons preferred a Bill reciting the said supposed Act and constantly affirmed that they never assented thereunto and therefore desired that the same might be made void for they protested that it was never their intent to be justified and to bind themselves and their Successors to the Prelates more than their Ancestors had done in times past whereto the King gave his Royal Assent in these words y pleist au Roy. But in the Proclamation of the Acts of that Parliament Co. 12.58 and 3. Inst f. 41. which was 6. R. 2. the said Act of 6. R. 2. whereby the said supposed Act of 5. R. 2. was declared to be void is omitted and afterwards the said supposed Act of 5. R. 2. ca. 5. was continually printed and looked on as a Good Law and the said Act of 6. R. 2. was by the Prelates from time to time kept from the Print Such pious Frauds have been always practised by the Popish Clergy and always found necessary for the supporting of the credit of that Church CHAP. II. Hen. IV. THe Rage of the Popish Clergy against the Wicklivites or Professors of the true Religion increasing with the increase of the light of the Gospel and they fearing that the said contrivance might be detected to the end that they might be yet more able effectually if it were possible to suppress the truth when they had requited R. 2. for granting them that supposed Law with deposing him and assisting H. 4. to usurp the Crown they in the 2 d. H. 4. apply themselves to him for a further Law for the preservation of the Catholick Faith as they called it against Christ's true Religion by them miscalled Heresie and he in gratitude to them in assisting him in his coming to the Crown granted them a Law to their Hearts content which follows as it is printed in Rastal 's Statutes in these words Whereas it is shewed to our Soveraign Lord the King on the behalf of the Prelates and Clergy of this Realm of England in this present Parliament 2 H. 4. ca. 15. Rast Stat. f. 180. By this Law the Professors of the true Religion were to be burnt as Hereticks that although the Catholick Faith builded upon Christ and by his Apostles and the holy Church sufficiently determined declared and approved hath been hitherto by good and holy and most noble Progenitors of our Soveraign Lord the King in the said Realm amongst all the Realms of the World most devoutly observed and the Church of England by his said most noble Progenitors and Ancestors to the honour of God and of the whole Realm aforesaid laudably endowed and in her Rights and Liberties sustained without that that the same Faith or the said Church was hurt or grievously oppressed or else perturbed by any perverse Doctrine or Wicked Heretical or Erronious Opinions Yet nevertheless divers false and perverse people of a certain new Sect of the Faith of the Sacraments of the Church and the Authority of the same damnably thinking and against the Law of God and of the Church usurping the Office of Preaching do perversly and malitiously in divers places within the said Realm under the colour of dissembled Holiness preach and teach these dayes openly and privily divers new Doctrines and wicked heretical and eronious Opinions contrary to the same Faith and blessed determinations of the Holy Church And of such Sect and wicked Doctrine and Opinions they make unlawful Conventicles and Confederacies they hold and exercise Schools they make and write Books they do wickedly instruct and informe people and as much as they may excite and stir them to Sedition and Insurrection and maketh great strife and division among the people and other Enormities horribly to be heard daily do perpetrate and commit in subversion of the said Catholick Faith and Doctrine of the Holy Church in diminution of God's Honour and also in destruction of the Estates Rights and Liberties of the said Church of England by which Sect and wicked and false Preachings Doctrines and Opinions of the said false and perverse people not only most greatest peril of the Souls but also many other harts flanders and perils which God prohibit might come to this Realm unless it be the more plentifully and speedily holpen by the King's Majesty in this behalf namely whereas the Diocesans of the said Realm cannot by their Iurisdiction Spiritual without aid of the said Royal Majesty sufficiently correct the said false and perverse people nor refrain their malice because the said false and perverse people do go from Diocess to Diocess and will not appear before the said Diocesans but the same Diocesans and their Iurisdiction Spiritual and the Keys of the Church with the Censures of the same do utterly contemn and despise and so their wicked Preachings and Doctrines doth from day to day continue and exercise to the hatred of Right and Reason and utter destruction of Order and good Rule Vpon which Novelties and Excesses above rehersed the Prelates and Clergy aforesaid and also the Commons of the said Realm being in the said Parliament praying our Soveraign Lord the King that his Royal Highness would vouchsafe in the said Parliament to provide a convenient Remedy The same our Soveraign Lord the King gratiously considering the premises and also the laudable steps of his said most noble Progenitors and Ancestors for the conservation of the said Catholick Faith and sustentation of God's Honour and also the safeguard of the Estates Rights and Liberties of the said Church of England to the laud of God and merit of our said Soveraign Lord the King and prosperity and honour of all the said Realm and for the eschewing of such Dissentions divisions hurts slanders and perils in time to come and that this wicked Sect preachings doctrines and Opinions should from henceforth cease and be utterly destroyed by the assent of the States and other discreet men of the Realm being in the said Parliament hath Granted Established and Ordained from henceforth and firmly to be observed That none within the said Realm or any other Dominions subject to his Royal Majesty presume to preach openly
Bangor and of Lincoln and besides the same now of late much more divers and sundry forms and fashions have been used in the Cathedral and Parish Churches of England and Wales as well concerning the Mattens or Morning Prayer and the Even-Song as concerning the Holy Communion commonly called the Mass with divers and sundry Rites and Ceremonies concerning the same and in the administration of other Sacraments in the Church and as the Doers and Executors of the said Rights and Ceremonies in other form than of late years they have been used were pleased therewith so others not using the same Rites and Ceremonies were thereby greatly offended and albeit the King's Majesty with the Advice of his most entirely beloved Vncle the Lord Protector and other of his Highness Council hath therefore divers times assayed to stay Innovations or new Rites concerning the premises yet the same hath not had such good success as his Highness required in that behalf whereupon his Highness by the most prudent advice aforesaid being pleased to bear with the frailty and weakness of his Subjects in that behalf of his great Clemency hath not been only content to abstain from punishment of those that have offended in that behalf for that his Highness taketh that they did it of a good Zeal but also to the intent an uniform quiet and Godly Order should be had concerning the premises hath appointed the Arch-Bishop of Canterbury and certain of the most learned and Discreet Bishops and other Learned Men of this Realm to consider and ponder the premises and there upon having as well eye and respect to the most sincere and pure Christian Religion taught by the Scripture as to the usages in the Primitive Church should draw and make one convenient and meet order right and fashion of Common and open Prayer and Administration of the Sacraments to be had and used in his Majesties Realm of England and in Wales the which at this time by the aid of the Holy Ghost with one Vniform Agreement is of them concluded set forth and delivered to his Highness to his great comfort and quietness of mind in a Book intituled The Book of Common-Prayer and Administration of the Sacraments and other Rites and Ceremonies after the use of the Church of England From which Preamble I observe 1 st That notwithstanding all the endeavours used by the King and his Council to stay Innovations and throughly to reform the Administration of the Sacraments of the Lord's Supper divers of his Subjects would not comply 2 dly That their non-complyance was attributed to their frailty and weakness And 3 dly that his Clemency was such towards them that he abstained from punishing them because he took it that they did it of a good Zeal This Book of Common-Prayer being compiled further to shew tenderness to the Papists it was Enacted That all and singular person and persons that had offended concerning the premises other then such person and persons as were then in the Tower of London or in the Fleet should be pardoned thereof and that all and singular Ministers in any Cathedral or Parish Church or other place within this Realm of England Wales Callis and in the Marches of the same or other the King's Dominions should from and after the Feast of Pentecost then next coming be bounden to say and use the Matins Evensong celebration of the Lord's Supper commonly called the Mass and Administration of each of the Sacraments and all their common and open Prayer in such Order and Form as is before mention'd in the said Book and none other or otherwise and it was further Enacted That if any manner of Parson Vicar or other whatsoever Minister that ought or should sing or say Common-Prayer mentioned in the said Book or Minister the Sacraments should after the time therein prefixt refuse to use the said Common-Prayers or to Minister the Sacraments in such Cathedral or Parish Church or other places as he should or minister the same in such Order and Form as they be mentioned and set forth in the said Book or should use wilfully and obstinately standing in the same any other Rite Ceremony Order Form or manner of Mass openly or privily or Mattins Evensong Administration of the Sacraments or other open Prayer then is mentioned and set forth in the said Book Open Prayer in and throughout this Act is meant that Prayer which is for others to come unto or heat either in common Churches or private Chappels or Oratories commonly called the Service of the Church or should Preach Declare or speak any thing in derogation or depraving of the said Book or any thing therein contained or of any part thereof and should be thereof lawfully convicted according to the Laws of this Realm by verdict of twelve men or by his own Confession or by the notorious Evidence of the Fact should lose and forfeit to the King's Highness his Heirs and Successors for his first Offence the profits of such one of his Spiritual Benefites or Promotions as it shall please the King's Highness to Assign or appoint coming or arising in one whole year next after this Conviction And also should suffer six Months Imprisonment without Bail or Mainprize And should for his second offence suffer a years Imprisonment and be deprived ipso facto of all his Spiritual Promotions and that it should be lawful to all Patrons Donors and Grantors of all and singular the same Spiritual Promotions to present to the same any other able Clerk in like manner and form as though the Party so offending were dead And for the third offence should suffer Imprisonment during his life And that Lay persons offending in the premises should for the first offence suffer Imprisonment during six Months without Bail or Mainprize and for his second offence suffer Imprsonment during his Life And it is further thereby Enacted that if any person should in any Interludes Plays Songs Rhymes or by other open words declare or speak any thing in the derogation depraving or despising of the same Book or of any thing therein contained or any part thereof or should by open Fact Deed or by open thréatnings compel or cause or otherwise procure or Maintain any Parson Vicar or other Minister in any Cathedral or Parish Church or Chappel or in any other place to sing or to say any common or open Prayer or to Minister any Sacrament otherwise or in any other manner or form than is mentioned in the said Book or that by any of the said means shall lawfully interrupt or let any Parson Vicar or other Minister in any Cathedral or Parish Church Chappel or any other place to sing and say common and open prayer or to minister the Sacraments or any of them in such manner and form as is mentioned in the said Book they should forfeit to the King our Soveraign Lord his Heirs and Successors ten pounds for the first offence and for non-payment should suffer three months Imprisonment without
709. Queen Mary Recognized in Parliament and the Laws for the Reformation repealed Act of Repeal of the Laws made in the time of King Edward the sixth whereby the Reformation was Established several whereof that were made with Penalties I have before mentioned viz. 1 E. 6. ca. 1.1 E. 6. ca. 2.2 and 3 E. 6. ca. 1.3 and 4 E. 6. ca. 10.5 and 6 E. 6. ca. 1. Besides those there were several Laws necessary for the promoting the Reformation which were likewise repealed by the said Act viz. 2 E. 6.21 for taking away all positive Laws made against the Marriage of Priests 3 E. 6.12 made for the ordering of Ecclesiastical Ministers 5 E. 6.3 made for the keeping of holy days and feasting days and 5 E. 6.12 touching the Marriage of Priests and Legitimation of their Children and then Establish'd the Mass Book and all the Popish Service and so Established iniquity by a Law. Queen Mary having before inhibited Preaching without License and to be sure the Protestants must have none and having Repealed the said Laws now begins to think of some effectual way to promulge the Popish Tenets and in order to this an Act of Parliament was made against affronting her Priests of the Romish Church Intituled however An Act against offendours of Preachers and other Ministers in the Church 1 Mary ca. 3. Rast Stat. f. 1069. Keeble 709. Popish Priests must not be disturbed in their preaching i. e. such as were Licensed by her Highness which to be sure must be Popish to this effect that none should by any Overt Act molest or disquiet any Preachers because of his Office or for any Sermon that he might have Preached their Preaching being so ridiculous that it gave cause of suspicion that some would serve them so nor should any way disturb them when they were in any parts of the Divine Offices Which they had reason to fear because the People had been used to a more Decent and Christian way of Worship The penalty was three Months Imprisonment Queen Mary's third Parliament desires to reconcile the Kingdom to the See of Rome Hist Ref. 2 pt p. 291 293. On December the 6 th the 1 st of Mary this Parliament was Dissolved because the House of Commons was displeased with the Match with Spain On the 11 th of November the 1 st and 2 d of Philip and Mary the third Parliament was summoned without putting in the Title of Supream Head of the Church and met which Parliament so Summoned petitioned to be Reconciled to the See of Rome and Cardinal Pool accepts it and absolves them and now they are ready cut and dryed for butchering Work. 1 2 Ph. and Mary ca. 3. Rast Stat. 1100. Keble 719. The first severe Law we meet with is an Act against Seditious Words and Rumours which confirms 13 E. 1.33 and 2 R. 2.5 touching telling of News as if they were resolved good people nothing should be done but what they had President for But what doth that Law add Why That if any person should be Convicted or Attainted for speaking Maliciously of his own Imaginations any False Seditious and Slanderous News sayings or tales of the King or Queen for she was then married to King Philip The Protestants must not speak against the King or Queen Pillory less of Ears striking off band imprisonment during Life the punishments inflicted for the first Offence he was to be set on the Pillory in some Market Town near where the words were spoken and have both his Ears cut off unless he paid 100 l. to the Queen within a Month after Judgment given and should be 3 Months Imprisoned If 〈◊〉 reported any such News from another then to stand in the Pillory and lose one Ear unless he paid a hundred Marks within a Month and should be a Month Imprissoned and if he should do it by Book Rhime Ballad Letter or Writing he was to have his Right hand cut off and for the second Offence should suffer Imprisonment during his Life and forfeit all his Goods and Chattels Is this a Law made by the kind Queen Mary Who in the preamble to the first Act of Parliament made in the first year of her Reign declared so much against making Men Offenders for a word and driving her Subjects to Obedience by severe Punishments and Penalties Yes it is the very same Queen Mary But now the Penal Laws are repealed and she appears in her Popish Colours now Pillory and cutting off Ears striking off Hands and perpetual Imprisonment with loss of Goods and Chattels is better than Hereticks deserve as you will find by subsequent Laws But these Penalties are not all that the poor Protestants must expect from Popish Rulers if we look but a little further even in the same Year 1 2 Ph. and Mary ca. 6. Rast Stat. f. 1103. Keble 721. The Laws for Burning the Protestants as Hereticks revived and the proceedings of the same Parliament we shall find another Law made to unbind the Papists hands that H. 8. had in part Tyed up by 25 H. 8. ca. 14. and Ed. 6. had bound fast up by 2 Ed. 6.12 which two Acts of Parliament had Repealed 5. R. 2.5 Concerning Arresting of Heretical Preachers 2 H. 4.15 concerning Repressing of Heresie and punishing of Hereticks and 2 H. 5.7 Concerning the enormity of Heresie and Lollardy and the suppression thereof by Heresie and Hereticks and Lollardy and Lollards is always to be understood the Professors of the true Religion By this Act of Queen Mary the said Act of 25 H. 8. ca. 14. and 2 Ed. 6.12 are repealed and those three Bloody Laws are reviv'd what those Laws are you may see at large in the beginning of this Treatise only observe this that least they should not prove in force in the Statute of Revivor Printed by Rastal all hree Acts of Parliament are inserted Verbatim And that the World might not think them short in their return to Rome or that they were not hearty in it an Act was made to Repeal all Laws whatsoever that had been made against the See of Rome by which Act is set forth 1 2 Ph. and Mary ca. 8. Rast Stat. fol. 1107 Keble f. 703. The Kingdom reconciled to the See of Rome Hist Reform part 2. fol. 294. their former Schism from the See of Rome and their reconciliation to it upon which all Acts passed since the 20 th of H. 8. against that See were enumerated and repealed there it is said That for the removing of all Grudges that might arise they desired that the following Articles might through the Cardinals Intercession be Established by the Pope's Authority 1 st That all Bishopricks Cathedrals or Colledges established might be confirmed for ever 2 d. That Marriages made within such Degrees as are not contrary to the Law of God but only to the Laws of the Church might be confirmed and the Issues by them declared Legitimate 3 d. That all Institutions into