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§. 3.
Defection
by the
Popes
means. |
Recusants.
' Now although the Common Prayers and Service of
the Church
' were in English all Edward the Sixth his time, yet
the Kings Subjects
' came to Church and received the Sacrament all his time, and no open
' defection was on that account all his time. And although the
Common
' Prayer Book and Service, received some alteration more different
from
' that of Rome in 1 Eliz. Yet until the Eleventh
year of Her Reign, did
' all Her Subjects repair to Church promiscuously, without any discrimination.
' So that the Bishop of Rome perceiving his Authority at last
' gasp, by his Bulls interdicted the Kingdom, absolved her Subjects
from
' their obedience to their Prince, and thereby wrought that Schism
which
' those that process obedience to that See, have ever since maintained;
' and had not the Pope then interposed, it is probable a perfect union
had
' been in the English Church, which will be more reasonable
to believe, if
' we consider how few persons quitted their Livings and Dignities,
for refusing
' Communion with the English Church, and refusing the Oath prescribed
' by 1 El. 1. namely, not much above an 100 of 9000 and more,
as
' Camden witnesseth. |
Chap. 81. |
|
' After which practices, this State thought it necessary
to provide for
' it self; and thereupon the Statute of 5 El. 1. was made, That
any that
' maintained the Bishop of Romes Authority, should incur a Premunire.
' And the Statute of 13 El. 1. against such as levied War, or
intended bodily
' harm to the Queen. And another 13 El. c. 2. against
such Bulls, and
' the bringing over and publishing them; and the Statute of 23 Eliz.
1.
' against reconciling to Rome; and the Statute of 27 Eliz.
2. for departing
' of Priests and Jesuits; and the Statute of 29 Eliz. 6. against
Frauds in
' Conveyances were made. |
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§. 4.
Sectaries. |
' Near which time there rose another sort of people,
called (by 35 El. 2.)
' Sectaries and Disloyal persons, who did oppose the Queens Authority
in
' Causes Ecclesiastical, but not upon Popish designs, and on that account
' forbore to come to Church, against whom that Statute is made. |
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§. 5.
First mention
of Recusants. |
' The first Statute I meet with, wherein the word
Recusants is mentioned,
' is that of 35 Eliz. 1. which mentioned that Statute of 23 Eliz.
1.
' to be made against Recusants, which was against the Papists only.
And
' then comes 35 Eliz. 2. that mentions a Popish Recusant.
Which word is
' plainly taken from refusing to take the Oath of 1 Eliz. 1.
And refusing
' to read or hear Common Prayers, prescribed by 1 Eliz. 2.
And to express
' the words of those Statutes, is a refusal with obstinacy. |
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§. 6.
Recusants
of two
sorts. |
' So that now there being a twofold Recusancy, Popish
and Sectarian, it
' will be necessary to observe and distinguish the Laws made against
' them. |
|
§. 7.
Statutes. |
' The Statutes now in force against Recusants of
all sorts, seem to be
' 1 Eliz. 1. 1 Eliz. 2. 8 Eliz. 1. 23 Eliz.
1. 5 Eliz. 1. 13 Eliz. 2. 35 Eliz. 1.
And 35 Eliz. 2. 1 Jac. 4. 3 Jac. 4. 3 Jac.
5. 7 Jac. 2. 7 Jac. 6. 29 Eliz. 6.
' 3 Car. 2. 27 Eliz. 2. All which are yet in force,
and particularly 35 El. 1.
' is by 16 Car. 2. c. 4. declared to be in force.
And all the rest, except
' 35 Eliz. 1. against Sectaries, were perpetual. All which
by 1 Jac. 4.
' are ordered to be put in due and exact Execution. I call that of
35 El. 1.
' a Law against Sectaries, for so the Preamble mentions it to be; and by
' an exception therein contained, Popish Recusants are excepted.
And I
' observe some material differences between them. |
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|
' First, The Statute of 24 Eliz. 1. requires
Conformity from all persons
' or else inflicts Abjuration. The Statute of 35 Eliz. 2.
for Nonconformity
' from persons of mean Estates only and that the residue repair to
' their dwellings, confinement there, and Forfeiture of Goods and Land. |
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