| Chap. 140. |
High Treason.
Also since the aforesaid Statute of Repeal, there
have been divers other
offences made or declared to be Treason, whereof some were but as an
addition to, or a proposition of the Treasons before specified, and
mentioned
in the said Statute of 25 E. 3. c. 2. viz. the
Statute 1 M. 6. 1. & 1 P. &
M. 11. 5 El. 11. 18 Eliz. 1 & 14 Eliz.
3.
by which the several Statutes
last mentioned the counterfeiting of the Kings Seal, or abusing his
Coyn,
and bringing in of false Coyn, &c. are in some particulars before
fully prohibited
than before, as may herein before appear. |
331 |
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There are also diver other Offences made High Treason
(by other Stat.
made since the beginning of the Reign of Queen El.) and these especially
made for the preservation of the said Queen, her Heirs and Successors,
and
of the dignity of the Imperial Crown of this Realm; and for the avoiding
of the dishonors, inconveniences and dangers growing to the whole
State, by means of the jurisdiction of the See at Rome, heretofore
usurped
within this Realm, &c. as hereunder appeareth. |
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5 El. 1.
P. Rome 1.
& 1 El. 1. |
First, the maintaining or extolling the authority
of the Bishop or See of
Rome, within any the Kings Dominions; and the Procurers, Counterfeiters,
Aiders and Maintainers thereof and every of them. |
§. 11.
The Bishop
of Rome. |
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For the first offence they shall incur the danger
of a Præmunire; the second
Offence is High Treason. " But no person shall be tendred the
Oath
" the second time; but such as have an Office or Ministery, in the
Church
" under a Bishop or Archbishop, or persons refusing to observe the
Offices
" of Divine Service after admonitions or depraving the Rites and Ceremonies
" of the Church, or that shall hear or say Mass, 5 El. 1. |
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Also the Bringers over of any Books, that shall
maintain, set forth, or
defend any such authority; and the readers and hearers of such Books,
that shall justifie them. |
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And such as shall deliver any such Books to others,
with allowance and
liking of the same. |
|
Dyer 282.
Co. 7. Praf. |
And the Printers and Utterers of such Books within
this Realm; all and
every such Offenders are (by the Judges) resolved and construed to
be
within the meaning of the same Stat. 5 El. ca. 1. and that their
first offence
to be a Præmunire, the second is High Treason. |
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" The Justices of Peace, &c. may in their Quarter
Sessions inquire of all
" things done against 5 El. 1. as of Offences against the Peace,
and may
" certifie such presentment into the Kings Bench within forty days
after such
" presentment made, if the Term be open; or if not open, the first
day of
" the next Term shall forfeit 100 l. and the Justices of the
Kings Bench
" may hear and determine the Office, as if the person offending had
" been presented upon any matter in the Statute of 16 R. 2. |
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3 Jac. 4.
P. Recus.
45. |
The second refusal of the Oath of Allegiance, being
tendred according
to the Statute, is a Præmunire, &c. 7 Jac.
c.
6. |
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" Where the first tender is before two Justices
and a refusal thereupon
" the refusal in Session after incurs a Præmunire, but
it seems by 3 Jac. 4. a
" refusal in Sessions without any precedent tender makes a Præmunire. |
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13 El. 2.
P. Crown. 2.
P. Præm. 5. |
Again, to obtain or get from Rome, or from
any claiming authority from
thence, any Bull or Writing, (the effect whereof is, to absolve and
reconcile
all those that will forsake their due obedience to the King, and yield
themselves to the B. of Rome,) or to give or take absolution,
by colour of
any such Bull; or to grant or promise any such absolution or reconciliation;
or to use, publish, or put in ure any such Bull; every such Act shall
be |
Bulls. |
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