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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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Texts of Law we are informed that unlawful Colledges Corporations and Assemblies gathered together to bad uses as to Eating Drinking Wantonness Conspiracy are punished as publick Routs and Riots Thus much for the Digests I come now to what is said of Conventicles in those parts of the Civil Law we call the Codes the Novels and the Feuds In the Code of the Emperour Justinian Cod. 1.3.15 de illicitis conventiculis you have this Text of Law Conventicula illicita etiam extra Ecclesiam in privatis aedibus celebrari prohibemus proscriptionis domus periculo imminente si dominus ejus in ea Clericos nova ac tumultuosa Conventicula extra Ecclesiam celebrantes susceperit For more of this matter of Conventicles the Reader may at leisure see Cod. 1.12.5 Cod. 1.5.6 and 8. In the Novels it is declared That the sacred Mysteries or Ministeries be not done in private Houses but be celebrated in publick places least thereby things be done contrary to the Catholick and Apostolick Faith unless they call to the celebrating of the same such Clerks of whose Faith and Conformity there is no doubt made or those that are deputed thereunto by the good will of the Bishop But places to pray in every man may have in his own House if any thing be done to the contrary the House wherein these things are done shall be confiscated and themselves shall be punished at the discretion of the Prince In the Feuds it is deereed thus Feudorum lib. 2. Tit. 53. Conventicula quoque in Civitatibus Omnesque Conjurationes extra etiam occasione parentelae inter Civitatem Civitatem inter personam personam sive inter Civitatem personam modis omnibus fieri prohibemus Et in preteritum factas Cassamus singulis conjuratorum paena unius Librae auri puniendis Episcopos vero Locorum Ecclesiastica censura violatores hujus sanctionis donec ad satisfactionem veniant voluimus coercere Receptoribus etiam malefactorum qui praedictam pacem violeverint praedam ementibus nostram indignationem subituris ejusdem paenis feriendis Praeterea bona ejus publicentur domus ejus destruatur By this edict it appears that Domus ubi conventicula aut Conspirationes fiunt confiscatur Receptans violatorem Legis pari cum eo paena punietur The House where Conventicles or Conspiracies are made is to be confiscated and he who receives any offender against this Law must be lyable with him to the same Punishment Thus much of the Foreign Edicts made against Conventicles and unlawful Assemblies I pass on to give an account what Laws Canons and Constitutions have been ordained both in the Church and State of England for the preventing and suppressing of the Conventicles of Sectaries And we begin with the Laws enacted in the Reign of Queen Elizabeth in whose name our Whiggs pretend to cast out of the Kingdom those Devils the Jesuits c. but will not observe one tittle of her Laws and Constitions made for the better Government of the Church and State In the 35th year of the Queens Reign are enacted two Laws The first is for the punishment of those persons that obstinately refuse to come to Church and perswade others to impugne the Queens Authority in Ecclesiastical Causes c. For what end this Punishment and for what persons intended the preamble of the same Statute demonstrates It is For the preventing and avoiding of such inconveniences and perills as might happen and grow by the wicked and dangerous practices of Seditious Sectaries and disloyal Persons The Second Law is 35 Eliz. c. 2. to impose a penalty on a Convicted Popish-Recusant removing above five Miles from the House c. And for what end the penalty is imposed and what persons are meant by this Law the preamble thereof will inform us It is for the better discovering and avoiding of such Trayterous and most dangerous Conspiracies and Attempts as are daily devised and practised against the Queens Majesty and the happy Estate of this Common Wealth by sundry wicked and Seditious persons who terming themselves Catholicks and being indeed Spies and Intelligencers not only for her Majesties Foreign Enemies but also for Rebellious and Traytorous Subjects Born within her Realms and Dominions and hiding their most detestable and divilish purposes under a false pretext of Religion and Conscience do secretly wander and shift from place to place within this Realm to corrupt her Majesties Subjects and to stir them to Sedition and Rebellion From the Reign of Queen Elizabeth we come to that of King James In 1. Jacobi Regis Anno 1603. there is a Canon and Constitution whereby maintainers of Conventicles are censured the words of the Canon are these Whosoever shall hereafter affirm or maintain that there are within this Realm other Meetings Canon 11. Assemblies or Congregations of the Kings born Subjects then such as by the Laws of the Land are held and allowed which may rightly Challenge to themselves the name of True and Lawful Churches Let him be Excommunicated and not restored but by the Arch-Bishop after his Repentance and publick Revocation of such his wicked Errors And as the maintainers of Conventicles are censured so against the maintainers of Constitutions made in Conventicles there is ordained a Canon which is the 12th The words whereof are as follow Whosoever shall hereafter affirm Canon 12. that it is Lawful for any sort of Ministers and Lay-persons or either of them to joyn together and make Rules Orders or Constitutions in Causes Ecclesiastical without the Kings Authority and shall submit themselves to be Ruled and Governed by them Let them be excommunicated ipso facto and not be restored until they Repent and publickly revoke those their wicked and Anabaptistical errors Add hereto a Third Canon against Ministers holding private Conventicles the very words whereof are these For as much as all Conventicles Canon 73. and secret Meetings of Priests and Ministers have been ever justly accounted very hurtful to the state of the Church wherein they live we do now Ordain and Constitute That no Priests or Ministers of the Word of God nor any other persons shall meet together in any private House or elsewhere to consult upon any matter or course to be taken by them or upon their motion or direction by any other which may any way tend to the impeachment or depravation of the Doctrine of the Church of England or of the Book of Common-Prayer or of any part of the Government and Discipline now established in the Church of England under pain of Excommunication ipso facto From King James's Reign I descend to that of the Royal Martyr King Charles the First by whose License and Authority there was a Constitution and Canon Ecclesiastical framed and agreed upon in the several Synods held at London and York Anno 1640 against Sectaries And it is this Whereas there is a Provision now made by a Canon