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A49305 An appeal to the conscience of a fanatick shewing that the King of England, by the fundamental laws of it, is as absolute and independent a monarch as any of the kings mentioned in Scripture, and consequently, as free as any of them from any humane coactive power to punish, censure, or dethrone him : whereunto is added, a short view of the laws both foreign and domestick, against seditious conventicles / by a barrister at law. Lane, Bartholomew. 1684 (1684) Wing L328; ESTC R10926 17,115 31

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Rex habet Jurisdictionem supra omnes Lib. 4. c. 24. N. 1. qui in Regno suo sunt King H. 8. upon a Contest touching an Ecclesiastical Immunity uttered these very words Doct. Burnet's Hist of the Reformation Lib. 1. part 1. f. 17. By the permission and Ordinance of God we are King of England and the Kings of England in times past had never any superiour but God only Therefore know you well that we will maintain the Right of our Crown and of our Temporal Jurisdiction as well in this as in all other Points in as ample manner as any of our Progenitors have done before our time Add hereunto That this Soveraignty and Supremacy appertaining to our Kings and to the Emperial Grown of England is asserted not only by our Books of Law but likewise those Statutes that have been Enacted by our Princes and Nobles in Parliament do affirm the same witness 16. R. 2. C. 5.24 H. 8. c. 12.25 H. 8. c. 21 22 1 Eliz c. 1. 1. Jac. c. 1. All which Statutes you may peruse at your own leisure Now I would fain know of any Popeling or Fanatick what greater or more Royal Power can any Prince of Juda or Israel claim than is here by our Laws acknowledged to be in the King of England The Third Respect in his Charge and Duty which consists in the observance of the Law of God the Law of Nature and the Laws of this Realm To observe the Law of God He is bound as a Christian to observe the Law of Nature he is obliged as a Man to observe the Laws of his Realm he is bound as a King Nor is he only bound vinculo Offieii as he is a King tho' this is a strict tye considering to whom he must one day render an Accompt of his Stewardship but he is also bound Vinculo Juramenti by an Oath taken at his Coronation The effect whereof is this Of the Oath at the Coronation see Flesa Lib. 1. c. 17. N. 12 13 14 c. To keep confirm and defend all Laws Customs and Freedoms granted by his Predecessors to the Clergy or People to preserve Peace and Concord and cause equal and right Justice to be done according to his Power Whence it is very evident that the King hath his Duty enjoyned him and ought not to make his Will the Rule of his Actions Temperent igitur says Fleta Lib. 1. c. 17. N. 11. Reges potentiam suam per Legem quae frenum est Potentiae quod secundum Leges vivant quia hoc sanxit Lex humana quod Leges suum ligent Latorem alibi digna vox ex Majestate Regnantis est Legibus alligatnm se principem profiteri praeterea nihil tam proprium imperio quam Legibus vivere majus est Imperio Legibus submittere Principatum The fourth and last Respect is in the rendring of his Account For as the King 's mentioned in Scripture were not so the King of England is not accountable for his Actions to any but God alone First Because the King of England hath not his Crown from any but God alone Not only Holy (o) Prov. 8.15 Rom. 13.2 Psalm 82.8 John 19.11 Psal 62.11 Scripture but the writings of Heathens have declared that in Soveraign Princes there is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 something divine above the reach of man which cannot be derived from them and therefore they are descended more immediately from the gods and more particularly depending on them Kings are from Jupiter says Callimachus and nothing ever descended more sacred from him And Homer● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ab Jove summus Honos Omnis provectus maxime Regius ad divinitatis munera referendus est Says Vitigis apud Cassiodorum M●terent apud Tacitum lib. 6. Tibi summum Rerum Judicium dii dedere nobis obsequii gloria relicta est no Law could punish nor any call Kings to account but the gods who as they gave them the highest Empire here so did they leave their Subjects nothing but the Glory of obeying But it may be said by our Fanaticks how can the Kings Power be thought to be only and immediately from God when it is derived to him by ordinary means of Hereditary Succession It is answered That Election Succession and Lawful Conquest are Titles whereby Princes receive their Authority they are not the Original and immediate Fountain of this Authority Heat Moysture Cold Dryness and our Temper arising from them whilst we are miraculously fashioned in our Mothers Womb are preparations whereby our Bodies are made fit Receptacles for our Souls but the Creator of our Souls is God So Princes have just claim to their Soveraign Power by the titles of Succession and Conquest but the Prime Author of their Power is God Cujus jussu says Irenaeus nascuntur homines ejus jussu Constituuntur Principes By whose appointment they are born Men and made reasonable Creatures by his appointment are they made Princes And as they receive their Power only from God so for the good or evil Administration thereof they are accountable only unto God as unto their Superior and not unto any mortal Creature God only maketh them Kings and only can unmake them and deject them from their Thrones according to the Rule of Law Ejusdem est destituere cujus instituere Secondly The Oath that the King takes at his Coronation binds him only before God for there is no Condition Promise or Limitation whereby he is made Accountable to his People Thirdly By the suffrage and Testimony of our Lawyers it appears that the King of England is unaccountable to any humane Power on Earth And we begin with Bracton who tells us that we have no Legal Remedy we can only humbly Petition His Sacred Majesty Locus erit Supplicationi quod factum suum corrigat Lib. 1. cap. 8. N. 5. emendet Quod quidemsi non fecerit satis sufficit ei ad praenam quod dominum expectet ultorem Nemo quidem de factis suis praesumat disputare multo fortius Contra factum suam venire If he will not hearken to our just and reasonable desires satis sufficit his punishment is more than enough for he must render an account to him that judgeth Righteously Let not men presume to question his deeds much less to undo by force what he shall do though not according to Right That our Fanaticks may not think this dropt from our Bracton unwariily he repeats it in other places and Lib. 5. Tract 3. De defaltis Cap. 3. N. 3. He puts the Case that the King should do injury and a Plea is brought against him in whose behalf he did it the King being Petitioned and Persisting and he rules it thus Quo casu cum dominus Rex super hoc fuerit interpellatus in eadem perstiterit voluntate quod vellet tenentem esse defensum injuria cum teneatur justitiam totis viribus defensare ex tunc
for the suppressing of Popery and the growth thereof by Subjecting all Popish Recusants to the greatest Severity of Ecclesiastical censures in that behalf Canon 5. This present Synod well knowing that there are other Sects which endeavour the subversion both of the Doctrine and Discipline of the Church of England no less than the Papists do although by another way for the preventing thereof doth hereby decree and ordain That all those Proceedings and Penalties which are mentioned in the aforesaid Canon against Popish-Recusants as far as they shall be applyable shall stand in full Force and Vigour against all Anabaptists Brownists Separatists Familists or other Sect or Sects person or persons whatsoever who do or shall either ob●●●nately refuse or ordinarily not having a Lawful Impediment that is for the space of a Month neglect to repair to their Parish-Churches or Chapels where they inhabit for the hearing of Divine-Service Established and receiving of the Holy-Communion according to Law And further because there are sprung up among us a sort of factious people Despisers and Depravers of the Books of Common-Prayer who do not according to the Law resort to their Parish-Church or Chappel to joyn in the publick Prayers Service and Worship of God with the Congregation contenting themselves with the hearing of Sermons only thinking thereby to avoid the Penalties due to such as wholly absent themselves from the Church We therefore for the restraint of all such wilfull Contemners or Neglectors of the Service of God do ordain that the Church or Chappel-Wardens and Questmen or Sidemen of every Parish shall be careful to enquire out all such disaffected persons and shall present the names of all such Delinquents at all Visitations of Bishops and other Ordinaries and that the same Proceedings and Penalties mentioned in the Canon aforesaid respectively shall be used against them as against other Recusants unless within one whole Month after they are first denounced they shall make acknowledgment and reformation of that their fault Provided always that this Canon shall not derogate from any other Canon Law or Statute in that behalf provided against those Sectaries From the Reign of King Charles the 1st I come to the Reign of the King that now is wherein are Laws enacted besides those against Nonconformists for the preventing and suppressing of Conventicles As for Example In the 16th of King Charles the 2d there is a Law 16. Car. 2. c. 4. Intituled An act to prevent and suppress Seditious Conventicles and in the preamble thereof are these words to be read Whereas an Act made in the five and thirtieth Year of the Reign of our late Sovereign Lady Queen Elizabeth Entituled An Act to retain the Queens Majesties Subjects in their due Obedience hath not been put in due Execution by reason of some doubt of late made whether the said Act be still in force altho' it be very clear and evident and it is hereby declared that the said Act is still in force and ought to be put in due Execution For providing therefore of further and more speedy Remedies against the growing and dangerous practises of Seditious Sectaries and other disloyal persons who under pretence of tender Consciences do at their Meetings contrive Insurrections as late Experience hath shewed As for the Punishment c. of this same Law I shall not mention because it is expired In the 22d year of the Reign of the King that now is 22. Car. 2. c. 4. there is another Law made whereby 't is enacted 1. That if any of the Age of Sixteen years or upwards being a Subject of this Realm shall be present at any Conventicle under pretence of any Exercise of Religion in other manner than according to the Church of England any Justice of Peace c. on Proof Confession Oath of two Witnesses or notorious Evidence of the Fact may make a Record of such offence which Record shall be a Conviction and set a Fine of Five Shillings for the first offence and for the second Ten Shillings to be Levied by distress and sale of the offenders Goods or in case of Poverty on the Goods of others then convicted of the like offence at the same Conventicle 2. That every person convicted of Preaching at any such Meeting shall forfeit for the first offence Twenty Pound and if it be a Stranger and his name and habitation not known or he cannot be found or be unable to pay the Justice of Peace c. may Levy it upon any persons that were present and for the second offence Forty Pound to be levied and disposed c. 3. That every person convicted of wittingly suffering any such meeting to be held in his House Yard c. shall forfeit Twenty Pound and in case of his Poverty upon persons convicted of being present at the same 4. That if any Constable c. knowing or being informed of such Meetings within his Precinct shall not inform a Justice of Peace or chief Magistrate c. but they or others called in their aid shall wilfully omit their Duty and being convicted thereof they shall forfeit Five Pound and the Justice of Peace and chief Magistrate c. omitting their Duty shall forfeit one Hundred Pound Now for what end are these penalties imposed Why the preamble of the Law will tell you That it is For providing Remedy against the growing and dangerous practices of Seditious Sectaries and other disloyal persons who under pretence of tender Consciences have or may at their Meetings contrive Insurrections as late experience hath shewed Now Reader if this very last Statute be put in due execution I should think our Sectaries would not have long Pocket Courage enough to frequent Conventicles and if they themselves would but consider and weigh the preambles of the Laws and Canons before mentioned they would pronounce themselves Guilty of the greatest folly and Impudence in the World to be found at such unlawful Meetings Well I have no more to say to our Sectaries not only to desire them to read these following Lines spoken by a most excellent (a) Doctor Laney late Lord Bishop of Ely on 1. Thess 4.11 Prelate of our Church in a Sermon Preached before his Majesty at White-Hall 12. Martii 1664. A Man saies he may go far in Religion without troubling any and if then they fall into some Error or Misbelief in Religion they ought not to be severely handled but when they betake themselves to a Sect that alters the case it will then be Compassion mistaken A Locust alone is no such perilous Beast to be fear'd or regarded by any but when they come in shoals and swarms and cover the Face of the Earth they are a plague to the Country where they light So to look upon a Sectary single who out of simplicity and good meaning follows his Conscience our Hearts should be every whit as tender for them as their Consciences are But if we look upon them in Company they are as ill and dangerous as the Company they are found in and the danger of all popular Meetings and Associations to a State makes it the proper business of a King and his Ministers to look to it and to provide against it wherein the care hath been taken deserves a just Commendation FINIS BOOKS Printed for and are to be Sold by John Walthoe at the Black-Lyon in Chancery-Lane overagainst Lincolns-Inn AN Historical Account of the late great Frost in which are discovered in several Comical Relations the various Humours Loves Cheats and Intreagues of the Town as the same were managed upon the River of Thames during that Season In Twelves price 1 s. The Kings Prerogative and the Subjects Priviledges Asserted according to the Laws of England Together with Observations on the Laws and Government of most of the Kingdoms and States of the Universe by J. N. in large Octavo price 1 s. 6 d. The Religious Cavalier Done out of French By Gideon Pierrevile Gent. price 1 s. Eve Revived Or The Fair One Stark-Naked A Novell The Priviledge of Cuckolds Or the Cure of Jealousie A work necessary not only for those who are so but those that may be so In Twelves price 1 s.