Jesuits, etc. Act 1584
Encyclopedia
The Jesuits, etc. Act 1584 (27 Eliz.1, c. 2) was an Act
of the Parliament of England
during the English Reformation
. The Act commanded all Roman Catholic priests to leave the country in 40 days or they would be punished for high treason
, unless within the 40 days they swore an oath
to obey the Queen. Those who harboured them, and all those who knew of their presence and failed to inform the authorities would be fined and imprisoned for felony
.
Anyone else who was, or was later brought up as, a Jesuit
overseas had to return to England within six months, and then within two days of arriving swear to submit to the Queen and also take the oath required by the Act of Supremacy 1558. Failure to do so was treason. Any person who did take the oath was forbidden from coming within 10 miles of the Queen for 10 years, unless they had her personal written permission. Again, failure to observe this requirement was treason.
in Durham
for a faculty
(planning permission) to display a memorial plaque on the church door, in memory of the dead priest. However, even though the 1584 Act had been repealed long ago, the priest's conviction had not been quashed, and so the court could not permit it.
However in 2008 the Oxford Consistory Court (presided over by the same judge) declined to follow that case as a precedent.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
during the English Reformation
English Reformation
The English Reformation was the series of events in 16th-century England by which the Church of England broke away from the authority of the Pope and the Roman Catholic Church....
. The Act commanded all Roman Catholic priests to leave the country in 40 days or they would be punished for high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
, unless within the 40 days they swore an oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
to obey the Queen. Those who harboured them, and all those who knew of their presence and failed to inform the authorities would be fined and imprisoned for felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
.
Anyone else who was, or was later brought up as, a Jesuit
Society of Jesus
The Society of Jesus is a Catholic male religious order that follows the teachings of the Catholic Church. The members are called Jesuits, and are also known colloquially as "God's Army" and as "The Company," these being references to founder Ignatius of Loyola's military background and a...
overseas had to return to England within six months, and then within two days of arriving swear to submit to the Queen and also take the oath required by the Act of Supremacy 1558. Failure to do so was treason. Any person who did take the oath was forbidden from coming within 10 miles of the Queen for 10 years, unless they had her personal written permission. Again, failure to observe this requirement was treason.
1995 court case
The execution of a Catholic priest under the Act in 1594 became the subject of a court case 401 years later. In 1995 a church applied to the consistory courtConsistory court
The consistory court is a type of ecclesiastical court, especially within the Church of England. They were established by a charter of King William I of England, and still exist today, although since about the middle of the 19th century consistory courts have lost much of their subject-matter...
in Durham
Durham
Durham is a city in north east England. It is within the County Durham local government district, and is the county town of the larger ceremonial county...
for a faculty
Faculty (instrument)
A faculty is a legal instrument or warrant in canon law, especially a judicial or quasi-judicial warrant from an ecclesiastical court or tribunal.In the Roman Catholic Church, it is "the authority, privilege, or permission, to perform an act or function...
(planning permission) to display a memorial plaque on the church door, in memory of the dead priest. However, even though the 1584 Act had been repealed long ago, the priest's conviction had not been quashed, and so the court could not permit it.
However in 2008 the Oxford Consistory Court (presided over by the same judge) declined to follow that case as a precedent.
See also
- High treason in the United KingdomHigh treason in the United KingdomUnder the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; having sexual intercourse with the sovereign's consort, with his eldest unmarried daughter, or with the wife of the heir to the...
- Religion Act 1580Religion Act 1580The Religion Act 1580 was an Act of the Parliament of England during the English Reformation.The Act made it high treason to persuade English subjects to withdraw their allegiance to the Queen, or from the Church of England to Rome, or to promise obedience to a foreign authority.The Act also...
- Safety of the Queen, etc. Act 1584Safety of the Queen, etc. Act 1584The Safety of the Queen, etc. Act 1584 was an Act of the Parliament of England during the English Reformation. It required a tribunal of at least 24 peers and privy councillors to investigate "any open invasion or rebellion" in England, any attempt to injure the Queen or any pretender to the throne...
(27 Eliz.1, c. 1)