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A46951 Julian the apostate being a short account of his life, the sense of the primitive Christians about his succession and their behaviour towards him : together with a comparison of popery and paganism. Johnson, Samuel, 1649-1703. 1682 (1682) Wing J829; ESTC R30475 76,426 144

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them he was a Roman And did not he in another place bring the Magistrates of Philippi one of the chief Cities of Macedonia upon their Knees when they had illegally beaten him without a fair Trial by telling them he was a Roman Although it is very plain that he and Silas who suffered with him had really offended as they were accused and were guilty of breaking the Roman Laws yet St. Paul insists upon this that they were uncondemned It were easie to produce many more passages to the same purpose And then as for the Laws of the Land That Doctrine overthrows Magna Charta Chap. 29. together with multitudes of Statutes and ruled Cases which as I cannot stand here to name so I need not they are so well known Only I will set down one Case for the 〈◊〉 of it which comprises in it more than all that I have said In the Circuit of Northampton when the Lord Anderson and Glanvile were Justices of Assize a Pursivant was sent by the Commissioners to arrest the Body of a man to appear before them and in resistance of the Arrest and striving amongst them the Pursivant was killed And if this was Murder or not was doubted and this depended upon the validity of Power and authority of the Pursivant for if his authority was lawful then in killing of an Officer of Justice in execution of his Office is Murder And advisement was taken till the next Assizes and upon Conference at the next Assizes it was resolved that the Arrest was Tortius and by consequence that this was not Murder The Pursivant was a proper Officer of the High Commission Court he was sent by the Court to make this Arrest it was one of the Powers of their Commission to send for any by Pursivant c. And yet because this Power had no foundation upon the Act 1. Eliz. upon which their Commission was grounded it could not justifie the Arrest and consequently the Pursivant's Blood was upon his own Head For as every Subject ought to be and therefore is supposed to be connusant of the Law much more ought they to be who have any part in the execution of it Now any man may see that my Discourse does not descend to any such petty Matters as false Arrests though a Man's Liberty is not to be despised neither but I have honest'y and legally parsued the end of our Saviour's coming into the World which as himself witnesses was not to destroy Men's Lives but to save them Of which the Laws of the Land are likewise very tender and have taken a particular care of all those who are put upon an inevitable necessity of defending themselves against the assaults of violent or evil-disposed Persons And to conclude That Doctrine quite alters our Oath of Allegiance and gives us new Measures of Obedience whereas the old ones are these I shall be obedient to all the King's Majesty's Laws Precepts and Process proceeding from the same And then after all that the case of a Pagan Successor might not seem remote and foreign and nothing of kin to Popery I found it necessary to make a short comparison of both those Religions which though an unfinish'd Piece I will be bold to say is very like wherein Popery may see her self neither flattered nor disfigured The Church of England reserves her Faith entire for the Canonical Books of Scripture her Reverence she divides betwixt the Ancient Fathers and the first Reformers of this Church who partly were Martyrs that died for 〈◊〉 Protestant Religion and partly were 〈◊〉 that afterwards setled it as it is now 〈◊〉 How much the Fathers would have been for a Bill of Exclusion we have seen already I shall in a word or two shew you the sense of the other Every Body knows that King Edward the Sixth to prevent his 〈◊〉 Sister from succeeding and not having time to call a Parliament bequeathed his Kingdom by Will to the Lady Jane Gray which was confirmed by the Privy Council It signified nothing indeed because it could not make void an Act of Succession in Henry the Eighth's Time but by doing that nothing they shewed what they would have done if they could I need not 〈◊〉 what Bishops were concern'd nor how far they were concerned in that Business But to pass by that the Bishops in Queen Elizabeth's Time to whom under God and that Queen we owe the settlement of our Church concurred to the making of that Statute 13. Eliz. Ch. 1. which makes it High Treason in her Reign and forfeiture of Goods and Chattels ever aster in any wise to hold or 〈◊〉 That an Act of Parliament is not of sufficient Force and Validity to limit and bind the Crown of this Realm and the Descent Limitation Inheritance and Government thereof And when you see their Names you will find that very many of them were Confessors Canterbury Matt. Parker London Edwyn Sands Durham James Pilkinton Winchester Robert Horne 〈◊〉 John Scory Worcester Nicholas Bullingham Lincoln Tho. Cooper Salisbury John Jewel St. Dabids Richard Davies Rochester Edmund Guest Norwich John Parkhurst Carlisle John Best Chester John Downham Alaph Glocester Richard Cheyney Bangor Nicolas Robinson Landaff Hugh Jones And that these Bishops were active and zealous for such Acts as these and were not concluded by a majority of the other Lords appears by what they did accor ing to some this Parliament but as Sir Simon D'Ewes will have it the next Year in relation to the Queen of Scots I am not satisfied with Sir Simon 's Reason which is That there was nothing moved about the Queen of Scots in the 13th of Eliz. For Cambden says There was a Bill for making her lyable to be tryed as the Wife of a Peer of England if hereafter she offended against the Laws which the Queen hindred from passing into an Act. I should not have mentioned this but by Sir Simon 's Account we lose John Jewel who died in the Interval betwixt this and the next Parliament But still there are Worthies enough left who were excluders with a witness for they were for excluding Mary Queen of Scots the next Heir to the Crown not only from the Succession but out of the World As you may see by their Writing intituled Reasons to prove the Queen's Majesty bound in Conscience to proceed with severity in this Case of the late Queen of Scots Some of which I will here set down only to invite the Reader to peruse the whole Paper Every good Prince ought by God's Commandment to punish even with Death all such as do seek to seduce the people of God from his true Worship unto Superstition and Idolatry For that Offence God hath always most grievously punished as committed against the First Table Deut. 13. His words are these If thy Brother the Son of thy Mother or thine own Son or thy Daughter c. Here you may perceive that God willeth his