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in that behalfe before the King and his councell, or in his Chancerie, it is cafe of premunire.

Where a man doth fue in any court which is not the King's court, to defeat or impeach any judgement given in the King's court, and doth not appeare to answer his contempt, it is cafe of premunire.

Where a man doth purchase or pursue in the court of Rome, or elsewhere, any proceffe, fentence of excommunication, bull, inftrument, or other thing which toucheth the King in his regality, or his realme in prejudice, it is cafe of premunire.

Where a man doth affirme or maintain any foreine authority of jurifdiction fpirituall, or doth put in ure or execute any thing for the advancement or fetting forth thereof; fuch offence, the second time committed, is cafe of premunire.

Where a man refuseth to take the oath of fupremacy being tendred by the Bishop of the dioceffe, if he bee an ecclefiafticall perfon; or by commiffion out of the chancery, if he bee a temporal perfon, it is cafe of pre


Where the Deane and Chapiter of any church upon the Conge d'elier of an Archbishop or Bishop doth refuse to elect any fuch Archbishop or Bifhop as is nominated unto them in the King's letters miffive, it is cafe of premunire.

Where a man doth contribute or give reliefe unto any Jefuite or seminary priefts, or to any colledge of Jefuites or feminary priests, or to any person brought up therein, and called home, and not returning, it is cafe of premunire.



Where a man is broker of an ufurious contract above ten in the hundred, it is cafe of premunire.

The punishment, tryall, and proceeding in cafes of pre


The punishment is by imprisonment during life, forfeiture of goods, forfeiture of lands in fee simple, and forfeiture of the profits of lands intailed, or for life.

The triall and proceeding is as in cafes of mifprifion of treason, and the tryall is by peers where a Peer of the realme is the offender..

Offences of ABJURATION and EXILE.

Cafes of abjuration and exile, and the proceeding therein,


HERE a man committeth any felony, for the which at this day hee may have priviledge. of fanctuary, and taketh fanctuary, and confeffeth the felony before the Coroner, he shall abjure the liberty of the realme, and chufe his fanctuary; and if hee commit any new offence, or leave his fanctuary, hee shall lofe the priviledge thereof, and fuffer as if hee had not taken fanctuary.

Where a man not coming to the church, and not being a Popish recufant, doth perfwade any the King's fubjects to impugne his Majefties authority in caufes ecclefiafticall, or fhall perfwade any fubject from coming to the church, or receiving the communion, or perfwade


perfwade any fubject to come to any unlawfull conventicles, or shall be prefent at any fuch unlawful conventicles, and fhall not after conforme himfelfe within a time, and make his fubmiffion, hee fhall abjure the realme, and forfeit his goods and his lands during life; and if hee depart not within the time prefixed, or returne, hee fhall bee in the degree of a felon.

Where a man being a Popish recufant, and not having lands to the value of twenty marks by the year, nor goods to the value of forty pound, fhall not repaire to his dwelling, or place where hee was borne, and there confine himselfe within the compaffe of five miles, hee shall abjure the realme; and if he returne, he shall be in the degree of a felon.

Where a man kills the King's deere in chafes or forests, and can find no fureties after a yeeres imprisonment, he shall abjure the realme.

Where a man is a trefpaffer in parkes, or in ponds of fish, and after three yeeres imprisonment cannot finde furetie, hee shall abjure the realme.


Where a man is a ravisher of childe within age whose marriage belongs unto any perfon, and marrieth the faid childe after yeeres of confent, and is not able to fatisfie for the marriage, he fhall realme.

abjure the



Cafes of Herefie, and the triall and proceeding therein.


HE declaration of Herefie, and likewife the proceeding and judgement upon Hereticks is by the common lawes of this realme referred to the jurifdiction ecclefiafticall, and the fecular arme is reached unto them by the common lawes, and not by any statute, for the execution of them by the King's writ de Hæretico comburendo.

Here ends the original Manufcript.


X x 2

An Argument of Sir FRANCIS BACON, the King's Sollicitor, in the lower house of Parliament, proving the King's right of Impofitions on merchandifes imported and exported*.


ND it please you, Mr. Speaker, this question touching the right of impofitions is very great; extending to the prerogative of the King on the one part, and the liberty of the Subject on the other; and that in a point of profit and value, and not of conceite or fancy. and therefore as weight in all motions increaseth force, fo I do not marvaille to fee men gather the greatest strength of argument they can to make good their opinions. And fo you will give me leave likewife, being strong in mine own perfuafion that it is the King's right, to fhew my voice as free as my thought. And for my part I mean to obferve the true course to give strength to this caufe, which is, by yielding thofe things which are not tenable, and keeping the queftion within the true state and compafs, which will discharge many popular arguments, and contracte the debate into a lefs


and exclude or firft, the que

Wherefore I doe deliver the queftion, fett by, as not in queftion, five things. stion is de porterio, and not de tributo, man words for explanation fake; it is not, I faye, touching any taxes within the land, but of payments at the

to use the Ro

*This matter was much debated by the Lawyers and Gentlemen in the Parliament, 1610 and 1614, &c. and afterwards given up by the Crown in 1641.


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