And it was further enacted in the same Parliament that, if any subject of the Queen's, after the foresaid forty days expired, shall either by way of exchange, bank, merchandize, or any shift or means whatsoever, wittingly and willingly, directly or indirectly, convey or send over the seas or out of the Queen's dominions any money or other relief to or for any Jesuit, Seminary Priest, Deacon, [pg 327] Religious, or ecclesiastical person, scholar, student, or the like, or for the maintenance or relief of any College or Seminary already erected or to be erected, that every such person so offending shall lose all his goods and lands and suffer perpetual imprisonment, as in case of præmunire. Also it was enacted that whosoever should send over any such students as aforesaid to the Seminaries shall for every time forfeit 100l.
The Statute of confinement.
And yet further, in the year 35 of the Queen's reign it was enacted that every recusant persevering in denial to go to the Protestants' churches should be bound to go to their ordinary places of dwelling, and not to depart from thence above five miles, under pain of losing all their goods and chattels. And they which should have no certain dwelling-place should repair to the place where their father and mother dwelt, under the same pains and forfeiture. And he that should fail in this either is condemned to live in perpetual prison or to abjure the land. Anno 35° Eliz. cap. 2°.
And yet this being not thought sufficient severity in this kind, another statute was made, ordaining that whosoever, by printing, writing, or express words, deeds, or speeches, should practise or go about to move or persuade any of the Queen's subjects to deny her power in ecclesiastical causes, or to abstain from going to the Protestants' church, or to be present at any unlawful assemblies under colour or pretence of any exercise of religion contrary to Her Majesty's laws, or shall themselves refuse for three months' space to go to the said churches and hear divine service, that then they shall be forced to abjure the realm and go into perpetual banishment, or if they refuse the same, they shall suffer death and other losses for it, as in cases of felony. Anno 35° Eliz. cap. 1°.
These are the chief statutes made against Catholic religion in general by the late Queen Elizabeth. For we do pretermit divers others more particular, and concerning [pg 328] particular persons. As, for example, that of the 28th of her reign (cap. 1°), wherein the Lord Thomas Paget, Baron, Sir Francis Inglefield, Knight (one of the Privy Council to Queen Mary, of worthy memory), and other Catholic gentlemen, were attainted of treason, their goods and lands confiscate, upon the former statute of fugitives, for that they either went forth of England without licence, for preservation of their consciences, or returned not when their licence was ended.
Another statute was also made in the 39th year of Queen Elizabeth's reign (cap. 8°), wherein it was decreed that all such Archbishops, Bishops, Deans, and other spiritual Prelates of Queen Mary's time, as were deprived by this Queen's ecclesiastical authority, for that they would not accommodate themselves unto the form of religion by her set forth, were well and lawfully deprived, and by their deprivation the said bishoprics were made merely void, and the others invested in their places by the Queen's authority were only the true Bishops and had lawful episcopal jurisdiction.[561] And divers other such particular things, which in this place we think good to pass over.
All these statutes, then, of Queen Elizabeth against Catholic people and their religion, being so grievous and rigorous, as you see, were confirmed by His Majesty that now is, without any restraint or mitigation, in the first Parliament, as before hath been said, with divers other aggrievances thereunto added of new; as that Catholic recusants should not only pay the 20l. a month ordained by the former statute for such as refused to go to the Protestants' church and service for conscience sake, but, besides this 20l. a month to be paid for himself, he should also pay 10l. a month for his wife or children that shall refuse to go to the said churches, yea, and another also for his servants.
Moreover, that all such young men or children that shall study on that[562] side the seas (being Catholics) or frequent the schools or Colleges of any of the Jesuits, or shall not return home within a certain time limited to give account of themselves and their religion, shall forfeit their inheritances in England and other dominions of His Majesty, and the next of his kindred shall enjoy the forfeiture that will conform himself, &c.
And furthermore, whereas, in the beginning of his said reign, certain new canons, constitutions, and ordinances were agreed upon by those of the Protestant clergy to molest and afflict Catholics withal, by pretended censures of excommunications, as, namely, that four times at least every year all preachers, readers of divinity, and all other ecclesiastical persons, in sermons, collations, and lectures, shall teach open and declare to the people that all authority and jurisdiction of the Pope of Rome (as a thing not having any ground by the law of God) is, for most just causes, taken away and abolished, and that therefore no manner of obedience or subjection is due thereunto, but only that the King's power, which in his dominions and countries is the highest power under God, above all other powers and potentates upon earth; and that whosoever denieth this, let him be excommunicated ipso facto, and not restored but only by the Archbishop after his repentance and public revocation of those his wicked errors. These are the words of his first two canons.
And the same punishment is laid upon whomsoever shall hold or affirm that the Church of England now established by law under His Majesty, is not a true and Apostolical Church, teaching and maintaining the doctrine of the Apostles.