“Now, if a Man cannot read where Clergy is allowable, and ‘tis recorded by the Court Quod non legit: if the Offender be reprieved, the Book may be tendered to him again because ‘tis in favorem vitæ, for which Reason he may have it under the Gallows.” Dyer, 205 b.
“In those days, an offender might have his Clergy even for Murder toties quoties, but this was restrained by the statute of 4 Hen. VII. cap. 13, that he should have it but once. And for the better Observance of that Law, it was then provided That the Criminal should be marked upon the Brawn of the Left Thumb, that he might be known again upon a second Offence”—“which was not intended as any Part of the Judgment”—“It was only a Mark set upon the Offender that he might not have his Clergy a second Time.”
By the Common Law, “all Offenders, except in Treason against the Person of the Queen,” should have the Benefit of Clergy “and toties quoties; but by statute of 25 Ed. III. cap. 4, it was prohibited in Treasons; and by that of 4 Hen. VII. it is restrained to one Time, so that now (i.e. in 1711) there are but very few cases wherein the Common Law denies Clergy, but in many ‘tis taken away by several acts of Parliament.”
Among those from whom it was thus taken away, were Popish Recusants by act of 35 Eliz. cap. 1 and 2, and those who receive Priests being natives of England, and ordained by the See of Rome by act of 27 Eliz. cap. 2.
“In Anno 2 Ed. VI., the Reformers, intending to bring the Worship of God under set forms, compiled a Book of Common Prayer, which was established by Act of Parliament in that year.”
“But because several things were contained in that Book which showed a compliancy to the superstitious Humours of those times, and some Exceptions being made to it by precise Men at Home and by John Calvin abroad, therefore two years afterwards it was reviewed, in which Martin Bucer[31] was consulted and some Alterations were made, which consisted in adding some Things and leaving out others, as in the former Edition:
| The Additions were, viz.: |
| A general Confessionof sins to the daily service. |
| A general Absolutionto the truly Penitent. | ||
| The Communion tobegin with reading theCommandments, thePeople kneeling. | ||
| And a Rubrick Concerningthe Posture ofkneeling, which wasafterwards ordered to beleft out by the statute ofthe 1 Eliz., but is nowagain explained as in 2Ed. VI. | ||
| Left out: |
| The use of Oil in Confirmationand ExtreamUnction. Prayers forSouls departed. |
| And what tended to aBelief of the CorporealPresence in the Consecrationof the Eucharist.” |
“Afterwards, Anno 5 Ed. VI., a Bill was brought into the House of Lords to enjoin Conformity to this new Book with these Alterations, by which all People were to come to those Common Prayers under pain of Church Censure, which Bill passed into a Law, Anno 5 and 6 Ed. VI.; but not being observed during the reign of Queen Mary, it was again reviewed by a Committee of Learned Men (naming them), and appointed to be used by every Minister, Anno 1 Eliz., with some Additions, which were then made, viz.:
“Certain Lessons for Every Sunday in the Year, some Alterations in the Liturgy, Two Sentences added in the Delivery of the Sacrament, intimating to the Communicants that Christ is not Corporeally present in the Elements, etc. The Form of making Bishops, Priests, and Deacons was likewise added.”
“Upon these and other Statutes several Things are to be considered: