accounted Abrahams faith St. James 2. 23. That he would have offered up Isaac though by the law of nature Abraham should have preserved his sonne and so God ceased the motion of the Sun and Moon upon Joshua's prayer Jos 10. 12. And caused the same to go retrogade ten degrees upon the prayer of Hezekias and Isaiah 2 Kings 20. 11. It is true that nothing less then that power which made a Law can alter it the Laws therefore of God whether positive or natural have an eternal and immutable obligation upon all the men in the world but whatsoever power may make a Law that power may alter it Divine Laws therefore whether positive or natural cannot have any obligation upon God but he may alter them when he pleases CHAP. VI. The Obligation of Divine and Humane Laws upon the Consciences and Persons of Men. 1. COnscience comes of con and scio to know together with reason Conscience or some law Conscientia est animi quaedam ratio lex quâ de recte factis secus admonemur Conscience is a certain reason or law of the Mind whereby we are well or ill advised of our deeds The laws therefore of Man may not only be violated by doing contrary to them but by consenting to them As he which does contrary to that he thinks though the doing of the thing be just yet 't is unjustly done by him for whatsoever is not of faith is sin Rom. 14. 23. 2. The affirmative precepts of God they do semper obligare yet they The obligation of the laws of God do not oblige ad semper As when he commands us to pray continually it is not to be expected a man should be always in the act of prayer but so to live as he does nothing which may indispose him from praying But Gods negative precepts do not only always oblige but oblige ad semper too for there is no time at all wherein it is lawful for a man to kill to steal to commit adultery c. Deut. 5. 17 18 19 20 21. negative in all instances 3. Ecclesiastical laws do oblige in Conscience If thy brother shall neglect Ecclesiastical laws oblige in conscience to hear thee tell it to the Church but if he neglect to hear the Church let him be to thee as a heathen man or Publican Mat. 18. 17. And the Scribes and Pharises sit in Moses chair all therefore whatsoever they bid you observe and do but do not after their works for they say and do not Mat. 23. 2 3. If then by the law of our Saviour the Jews were to observe and do whatsoever the Scribes and Pharises commanded them because they sate in Moses seat sure with as much or much more reason ought Christians to observe and do whatsoever the Church which our Saviour Christ himself hath planted doth command them 4. My kingdom is not of this world Joh. 18. 36. God sent not his Son In conscience only into the world to judge the world but that by him he might save the world Joh. 3. 17. And O man who has made me a Judge or divider amongst you If then our Saviours kingdom were not of this world if God sent not his Son to judge the world and if our Saviour were not a Judge among men then cannot the Church of Christ have any power from Christ in the kingdoms of the world nor to judge the world nor to be a Judge or divider among men 5. Ecclesiastical laws according to the usage and custom of England To what things Ecclesiastical laws have reference relate to Blasphemy Apostacie from Christianity Heresies Schisms Holy Orders Admissions Institution of Clerks Celebration of Divine Service Rights of Matrimony Divorces general Bastardy Subtraction and Right of Tythes Oblations Obventions Dilapidations Excommunication Reparation of Churches Probate of Testaments Administrations and Accounts upon the same Simony Incests Fornications Adulteries Sollicitation of Chastity Pensions Procurations Appeals in Ecclesiastical cases Commutation of Penance which are determined by Ecclesiastical Judges 6. So that there is a mixt Conusance in the Ecclesiastical Judicature All things determinable by Ecclesiastical Judges are not meerly spiritual viz. of things meerly Spiritual by which they are impowered to judge and take conusance of and that by no humane power but only as they are impowered and sent by our Saviour and are only his Ministers viz. the taking conusance of Blasphemy Excommunication Heresie Holy Orders Celebration of Divine Service c. And this Ghostly power the Church and Ecclesiastical persons had before ever Temporal powers received the Gospel of Christ or were converted to Christianity And also after it pleased God that Nations and Kingdoms were converted to Christianity and that Kings did become nursing fathers and Queens nursing mothers Isa 49. 23. to Gods Church then did Kings cherish and defend Gods Church and endued it with many Priviledges and Immunities which ere while was persecuted by them or other Powers but yet could not these Immunities or Priviledges divest them of that Ghostly power which our Saviour by divine institution gave his Church It is true no question but that originally not only all Bishopricks and their bounds and the division of all Parishes and the conusance the Church hath of Tythes of Probate of Wills of granting of Letters of Administration and Accounts upon the same the right of Institution and Induction and the erection of all Ecclesiastical Courts c. were all originally of the Kings foundation and donation and that to him only by all divine and humane laws belongs the care and preservation of all his Subjects none excepted in all causes And therefore not only all those things which relate to the extern peace and quiet of the Church although exercised by Ecclesiastical persons but all those priviledges and immunities which the Church or Churchmen have in a Church planted which the Primitive Christians and Apostles had not in the persecution of the Church when planting are originally Grants of Kings and Supreme Powers and so Temporal or Secular Laws but in regard they accidentally have reference to the Church and are exercised by Ecclesiastical persons they are not improperly called the Kings Ecclesiastical Laws And sure either ignorance of this or faction hath made men run into two contrary extremes one That Kings have no right to their Crowns but in ordine ad bonum spirituale and so cannot be Kings or That all power and jurisdiction in all causes is from the King and so cannot there be any such thing as Christian faith Religion or any Ghostly power left by our Saviour with his Church to continue to the end of the world which every Christian man de fide ought to believe and submit to before any Temporal Law or Power in the world Object But beeause Ecclesiastical laws have not infallibility affixed to them if they command any thing repugnant to Divine laws do they then oblige Answer No for God
their submission to the Church of Rome But on the contrary when Austin first arrived in England he stayed in the Island of Thanet until he knew the Kings pleasure and offered not to preach in Kent until he had the Kings licence to preach throughout his Dominions c. Neither was there any Appellant from the Conversion of the English he says to Rome until Wilfrid Archbishop of York who notwithstanding pag. 60. that he gained Sentence upon Sentence at Rome in his favor and notwithstanding that the Pope did send express Nuntio's into England on purpose to see the Sentence executed yet could he not obtain his restitution or benefit of his Sentence for six years during the reigns of Egbert and Alfred his son yea Alfred told the Popes Nuntio's expresly That he honored Spelm. concil an 705. them as his Parents for their grave lives and honorable aspects but he could not give any assent to their Legation because it was against reason that a person twice condemned by the whole Council of the English should be restored upon the Popes Letter And after he says That after Alfred and pag. 62. Theodore were both dead Theodore was the Archbishop of York that opposed Wilfrids Donation from the Pope and continued it so long as he lived we find the Sentence of the Pope and Wilfrids Restitution still opposed by the surviving Bishops in Alfreds Sons reign c. Neither were there any Appeals to Rome from that time until after the Conquest in the reign of Henry the First by Anselm Archbishop of Canterbury 8. See Comment Lit. sect 648. pag. 344. where it appears by our All Bishopricks were of the Kings foundation originally and donative books and divers Acts of Parliament that at first all the Bishopricks in England were of the Kings foundation and Donative per traditionem baculi id est the Crosier which was the Pastoral staff annuli the ring whereby he was married to the Church King Henry the First being requested by the Bishop of Rome to make them elective refused it But King John by his Charter bearing date quinto Junii anno decimo septimo When they became eligible and by what power granted that the Bishopricks should be eligible So that all Bishopricks were not only at first of the Kings foundation and Donative but afterwards became eligible from no other cause but the Kings Charter 9. That the sacred character of Priesthood does not free men from The Kings of England before the Couquest did exercise their Regal power over all persons in all cases the subjection due to the Laws of their Prince and Country is not only evident by many examples in Sacred Writ and by almost infinite precepts and examples of Gospel and holy Martyrs in primitive times but also by a concurrent consent of all Histories where Christianity hath been planted And that these powers have been justly exercised by the Kings of England before the Conquest among the many Laws of Ina Withred Alfred Edward Athelstan Edmund Edgar Athelred Canutus and Edward take these of Canutus Si quis sacra tenens pejerasse convictus fuerit ei manus praeciditor ni dimidiatam Lambert Saxon laws lex 33. f. 113. sui capitis astimationem domino atque episcopo dependerit neque vero deinceps qui juret dignus putandus est nisi quidem Deo cumulatè satisfecerit atque ab ejusmodi in posterum nefario scelere abstinendi fidejussores admoverit If any in Holy orders be convict of Perjury let him be branded on the hand unless he shall pay to the King and Bishop half the price of his head Neither shall he afterward be esteemed worthy to take an Oath unless he shall have abundantly satisfied God and shall have given Sureties that afterward he shall abstain from such wickedness Si quis eorum qui arae deservierint alicui mortem obtulerit omni cum divini lex 36. 114. tum humani juris patrocinio excludatur nisi quidem cum exilio cumulatè id sceleris compensarit atque caesi etiam cognatis satisfecerit aut saltem una cum hominibus qui jurent idoneis omnem criminis suspicionem diluerit Hanc vero quae Deo hominibus debetur compensationem intra ter denos idque cum fortunarum suarum omnium discrimine dies aggreditor If any one who serves at the Altar shall kill any man let him be excluded from the protection of Divine and Humane laws unless with his banishment he may abundantly satisfie that wickedness and shall also give satisfaction to the kindred of him who is killed or at least together with sufficient men who shall give Law-gager their oaths shall wash away all suspition of the crime And let him go in hand to make this compensation which is due to God and men within thirty days and that upon the forfeiture of all his fortunes Si eorum qui arae deservierint aliquis hominem occiderit aut insigne aliquod lex 38. ibid. perpetrarit flagitium gradu honore dispoliatus proinde atque ei Papa circumscripserit habitandi locum exulato ac cumulatè compensato Sin is crimen fuerit inficiatus excusatio tripla esto Atque in hanc quae Deo hominibus debetur compensationem intra ter denos aggrediatur dies ab omni legis commoditate destitutus habetor If any one who serves at the Altar shall kill a man or commit any foul offence despoiled of his honor let him be banished the place of his habitation and make abundant satisfaction yea though the Pope make it void But if he deny the crime let his excuse be threefold and if within thirty days he does not endeavor to give this satisfaction which is due to God and man let him be outlawed Si quis sacris inauguratus rei capitalis obnoxius extiterit comprehenditor lex 40. 115. atque ut tandem episcopo criminis admissi poenas dependat asservator If any one in Holy orders be guilty of any capital crime let him be apprehended and fafely kept until he be punished by the Bishop for the crime committed Si quis sacrum ordinem atque vivendi formulam commutarit pro ipsa lex 46. 116. ordinis dignitate sive capitis aestimatione mulcta legis violatae poena sive rebus suis omnibus compensato If any one shall change his holy order and form of living for the dignity of the order or price of the head let him be fined for punishment of the violation of the Law or forfeit all he hath But how far this good Prince was from having any spight to Holy Orders or men separated to the Worship of God and Service at the Holy Altar he does enact Siquis sacris initiatus incoláve in iis quae ad fortunas Law 37. fol. 114. vitamve ejus spectarint decipiatur tum ei rex ni is aliunde habuerit loco Patroni cognatorum esto Fraudator
like Law is according to the nature of the fact if any of these be committed upon any solemn Festival And if any one will purge let him bring a threefold purgation Of deteining the Duties of the Church by force Cap. 45. If a Dane shall resist by force any one desiring the rights or duties belonging to God let him be punished for breach of the Law An Englishman shall be assessed in a deeper mulct unless he purge himself with eleven men and be himself the twelfth man But if he wound any man let him make amends and pay a grievous mulct to the Lord and let his hands be bored through unless he shall redeem them from the Bishop But if he killed any one let him be outlawed and pursued by all Magistrates with all the harm that they lawfully may And if afterward that man so pursued be killed let it be confirmed and unpunished and no further enquired after Of a man breaking Holy Order 46. If any man violate his Order or Rule of living let him be fined according to the dignity of his Order or price of his head for punishment of the breach of the Law or forfeit all he hath Of Repairing the Church 63. All men by right ought to use their endeavor to repair the Church Of him who keeps a man Excommunicated or Outlawed 64. If any man shall unjustly keep any Fugitive from Gods law let him be restored to right and forgiven those things which did appertain to him and let him pay to the King the price of his head But if any one shall keep and hold any other excluded from the protection of Divine or Humane laws he shall endanger himself and all he hath The Conclusion of Canutus his Laws Now I beseech all men and in the name of Almighty God command every man that they be truly from their heart converted to God and with all care and diligence search out what is to be followed and what avoided And truly it does much conduce to our souls health that we love God and hold his precepts and admonitions and hear his word by his teachers For we shall bring forth these to be seen in that day wherein God shall come to give judgment upon all men according to those things they did whilst they lived And then at length shall that blessed Keeper bring the Flock committed to his charge into the Heavenly kingdom and the joys of Angels for those things which he had done in his life and also that blessed Flock follow that Pastor who hath wreathed it out of the hands of the Devil and give the gain to God And further we study that all men may so agree to please God that for the time to come we may avoid the flames of Hell-fire The Interpreters of Gods Law ought often to preach the benefit of Divine things and indeed it is their function and does much benefit all men to salvation And all men ought with a good mind diligently to hear and have Gods admonitions always fixed in their soul for their profit And lastly that every one by his words and deeds all he can holily and thankfully do well to the greater amplitude and glory of God his Lord for so at length we shall abundantly all of us obtain Gods mercy Let the name of the Lord be praised to whom be laud honor and glory for ever God Almighty be merciful to us all according to his will Amen Ecclesiastical Laws made by Good King Edovard Who began to reign Anno Salutis 1042. Of Clerks and their Possessions Cap. 2. LEt every Clerk and also Scholars and all their goods and possessions wheresoever they be enjoy the peace of God and his Church Of the Times and Dayes of the Kings Peace 3. From the coming of our Lord until eight days after Epiphany let the peace of God and his holy Church be all over our Kingdom also from Septuagesima until eight days after Easter also from the Ascension of our Lord until eight days after Whitsuntide also all the days in Ember-weeks also upon every Saturday from the ninth hour and all the day following until Munday also upon the Vigils of S. Mary S. Michael S. John the Baptist of all the Apostles and Saints whose solemnities are celebrated by Priests upon Sunday and All Saints upon the Kalends of November alwaies from the ninth houre of the Vigil and the following Solemnity Also in Parishes in which the Dedication is observed also in the Parishes of Churches where the proper Feast of the Saint is celebrated And if any one will come devoutly to the celebration of the Saint he shall enjoy peace going staying and returning Also to all Christians going to Church to pray be peace in going and returning In like manner at Dedications Synods to men coming to Chapters whether they be summoned or of themselves have any thing to do be highest peace Also if any man excommunicated flee to the Bishop for absolution let him freely in going and returning enjoy the peace of God and his Church But if any man shall do otherwise with him let the Bishop do justice therefore But if any arrogant man will not amend for the justice of the Bishop the Bishop may make the matter known to the King and the King may constrain the malefactor to make him amends whom he hath outlawed viz. first to the Bishop then to him and so they shall be two swords and the sword shall help the sword Of the Justice of the Church 4. Wheresoever the Kings Justice is or before whomsoever Pleas are holden if one sent of the Bishops coming there opens the cause of the holy Church it shall first be determined For it is just that God be every where honored before others Of all Tenents of the Church 5. Whosoever shall hold any thing of the Church or have a mansion upon the ground of the Church shall not be compelled to hold Pleas out of the Ecclesiastical Courts although he be outlawed unless which God forbid he shall have default of right in the Court Ecclesiastical Of Guilty men fleeing to the Church 6. Whosoever guilty or nocent shall flee to the Church for protection after that he hath gotten the entrance of the Church let him not be apprehended of any man pursuing him unless by the Bishop or his Minister but if in fleeing he enters into the House or Court of any Priest let him enjoy the same security and peace he should have had at the Church so as the house of the Priest and his Court stood upon the ground of the Church Here if the thief or stealer be what he hath evil gotten if it be at hand let him restore but if he hath wholly consumed it and hath wherewith to restore of his own let him make full satisfaction for the damage he brought to him who was damnified But if as is usual the Thief hath not wherewith to do it and by chance hath
if any one do erect in his ground a Mill of new and after the Parson of the same place demandeth Tithe for the same the Kings Prohibition doth issue in this form Quia de tali molendino hactenus decimae non fuerunt solutae prohibemus c. Et sententiam Excommunicationis si quam hac occasione promulgaveritis revocetis omnino The Answer In such case the Kings Prohibition was never granted by the Kings assent nor never shall which hath decreed that it shall not hereafter lie in such cases Where a Suit for one offence may be prosecuted both in Court Spiritual and Temporal Also if any cause or matter the knowledge whereof belongeth to a Court Spiritual and shall be definitively determined before a Judge Spiritual and does pass into a Judgment and shall not be suspended by an Appeal and after if upon the same thing a Question is moved before a Temporal Judge between the same parties and it be proved by witness or instruments such an Exception is not to be admitted in a Temporal Court The Answer When any one case is debated before Judges Spiritual and Temporal as above appeareth upon the case of laying violent hands upon a Clerk it is thought notwithstanding the Spiritual Judgment the Kings Court shall discuss the same matter as the party shall think expedient for himself In what case only the Kings Letter shall be sent to discharge an Excommunication Also the Kings Letter directed unto Ordinaries that have wrapped those that be in subjection unto them in the sentence of Excommunication that they should assoil them by a certain day or else that they do appear and shew wherefore they have excommunicated them The Answer The King decreeth that hereafter no such Letter shall be suffered to go forth but in case where it is found that the Kings liberty is prejudiced by such Excommunication Clerks in the Kings service shall be discharged of their Residence but shall be corrected by their Ordinary Also Barons of the Kings Exchequer claiming by their priviledge that they ought to make answer to no complainant out of the same place extend the same priviledge unto the Clerks abiding there called to Orders or unto Residence and inhibit Ordinaries that by no means or for any cause so long as they be in the Exchequer or Kings service that they call not them to Judgment Ans It pleaseth our Lord the King that such Clerks as attend in this service if they offend shall be correct by their Ordinaries like as other but so long as they are occupied about the Exchequer they shall not be bound to keep residence in their Churches This is added of new by the Kings Council The King and his Ancestors since time out of mind have used that Clerks which are imployed in his service during such time as they are in his service shall not be compelled to keep residence at their Benefices And such things as be thought necessary for the King aad Commonweal ought not to be said to be prejudicial to the liberty of the Church Distresses shall not be taken in the High-ways nor in the antient Fees Cap. 9 of the Church Also the Kings Officers as Sheriffs and other do enter into the Fees of the Church to take Distresses and sometimes they take the Parsons beasts in the High-way where they have nothing but the land belonging to the Church The Answer The Kings pleasure is that from henceforth such Distresses shall neither he taken in the Kings High-way nor in the Fees wherewith Churches in tiimes past have been endowed Nevertheless he willeth Distresses to be taken in possession of the Church newly purchased by Ecclesiastical persons They that abjure the Realm shall be in peace as long as they be in the Church or High-way Also where some flying unto the Church abjure the Realm according to the custom of the Realm and Laymen or their enemies do pursue them and pluck them from the Kings High-way and they be hanged or headed and whilst they be in the Church are kept in the Church-yard with armed men and sometime in the Church so straitly that they cannot depart from the hallowed ground to empty their belly and cannot be suffered to have necessaries brought unto them for their living The Answer They that abjure the Realm so long as they be in the common way shall be in the Kings peace nor ought to be disturbed of any man and when they be in the Church their Keepers ought not to abide in the Church-yard except necessity or peril of escape do require so And as long as they be in the Church they shall not be compelled to flee away but they shall have necessaries for their living and may go forth to empty their belly And the Kings pleasure is that Thieves or Appellors whensoever they will may confess their offences unto Priests but let the Confessors beware that they do not erroniously inform such Appellors Religious Houses shall not be charged by compulsion with Corodies Pensions Resort or taking in of Horses and Carts Also it is desired that our Lord the King and the Great men of the Realm do nor charge Religious houses or Spiritual persons for Corodies Pensions or Sojourning in Religious houses and other places of the church or with taking up of horses or carts whereby such houses are impoverished and Gods service diminished and by reason of such charges Priests and other Ministers of the Church deputed unto Divine service are oftentimes compelled to depart from the places aforesaid The Answer The Kings pleasure is that upon the contents in their Petition from henceforth they shall not be unduly charged And if the contrary be done by Great men or other they shall have remedy after the form of the Statutes made in the time of King Edward Father to the King that now is And the like remedy shall be done for corodies and pensions exacted by compulsion whereof no mention is made in the said Statutes A Clerk excommunicated may be taken out of the Parish where he dwelleth Cap. 12 Also if any of the Kings tenure be called before their Ordinaries out of the Parish where they continue if they be excommunicate for their manifest contumacy and after forty days a Writ goeth out to take them and they pretend their priviledge that they ought not to be cited out of their Town and Parish where their dwelling is and so the Kings Writ that went out to take them is denied The Answer It was never yet denied nor shall be hereafter The examination of a Parson presented to a Benefice belongeth to a Spiritual Judge Also it is desired that Spiritual persons whom our Lord the King doth present unto Benefices of the Church if the Bishop will not admit them either for lack of learning or for other cause reasonable may not be under examination of Lay-persons in the cases aforesaid as it is now attempted contrary to the Decrees canonical but that they may sue unto a
with the Opinion of Learned men That the marriage with his Brothers wife was contrary to the Law of God and void The King not expecting the Popes sentence anno 1533. marries his beloved Anne but such love is usually too hot to hold for about two years after he cut off her head yet the King did not wholly renounce the Papacy but still expecting the Popes sentence The Pope for the reasons aforesaid not desiring to end the business The slow proceedings of the Pope but to expect advantage from time reduces the matter into several points or heads which he would have particularly disputed and at the time of the Kings marriage with Anne was not got further then the article of Attentates in which the Pope gave sentence against the King that it was not lawful for him to put away his wife by his own authority without the Ecclesiastical Judge For which cause the King in the beginning of 1534. denied the Pope his obedience commanding his Subjects not to pay any money to Rome nor to pay the ordinary Peter-pence This infinitely troubled the Court of Rome and they daily consulted of a remedy Some thought to proceed against the King with censures and to interdict all Christian nations all commerce with England But the moderate counsel pleased best to temporise with him and to mediate a composition by the French King K. Francis accepted the charge and sent the Bishop of Paris to Rome to negotiate a Pacification with the Pope where they still proceeded in the cause gently and with resolution not to come to censures if the Emperor did not proceed first or at the same time with his forces They had divided the cause into twenty three articles and then they handled whether Prince Arthur had had carnal conjunction with Queen Katherine in this they spent time till Midlent was past when the 19. of March news came that a Libel was published in England against the Pope and the whole Court of Rome and besides a Comedy had been made in presence of the King and Court to the great disgrace and shame of the Pope and every Cardinal in particular For which cause all being inflamed with choler ran headlong to give sentence which was pronounced in the Consistory the 24. of the same month That the marriage between Henry and Katherine was good that he was bound to take her to wife and that in case he did not he should be excommunicated But the Pope was soon displeased with this precipitation For six days His rash censure repented of after the French Kings letters came That the King was content to accept the sentence concerning Attentates and to render obedience upon condition that the Cardinals whom he mistrusted should not meddle in the business and that persons not suspected should be sent to Cambray to take information â—and and the King had sent his Proctors before to assist in the Cause at Rome Wherefore the Pope went about to devise some pretence to suspend the precipitate sentence and again to set the cause on its feet But the King so soon as he had seen it said It was no matter for the Utterly loses the obedience of England Pope should be Bishop of Rome and himself sole Lord of his Kingdom And that he would do according to the antient manner of the Eastern church not leaving to be a good Christian nor suffering the Lutheran Heresie or any other to be brought into his Kingdom From that time forward Henry the Eighth of a zealous Assertor of the No anger lost between the King Pope Papacy both by pen and purse became the first and greatest Opposer of it of all the Western Christian Princes for the Eastern Christian Princes except sometimes the Emperors of Greece and the Kings of Holy Land did seldom or never submit to the Papacy in her Spirituals yet did he afterwards seed to be reconciled to the Pope even by means of his Nephew Charls the Fifth Nor were the Popes much behind hand with him For besides Clement's petty Excommunication Paul the Third Anno 1538. thundred out such a terrible Excommunication against him as the like was never heard of which deprived him of his kingdom and his adherents of whatsoever they possessed commanding his Subjects to deny him obedience and Strangers to have no commerce in the kingdom and all to take arms against and persecute both him and his followers granting them their states and goods for their prey and their persons for slaves But the Popes anger ended in words whereas the Kings deeds took place against the Pope But what there was in all the Kings reign which might be called Reformation What was the Kings Reformation I do not understand For whatsoever the King took from the Pope except Peter-pence he ascribed to himself If the Pope would be Head of the Catholique Church the King would be Head of the Church of England If the Pope challenged Annates and First-fruits of the Bishops and Clergy the King would do no less If the Pope did give Abbots and Priors power being Ecclesiastical persons to make divers Impropriations to their benefit the King will take a power to take them all away and convert them into Lay-fees and incorporate them so into particular mens estates that they shall never return to the Church more Nor had he any love or desire of Reformation of the Church but only to the Church-lands for all the Rites Ceremonies and Religion of the Church of Rome was continued and that with such bloody cruelty that a Stranger going over Smithfield one day and seeing two men there executed one for denying the Kings Headship of the Church and another for subscribing to the Six Articles cryed out Bone Deus quomodo hic agunt vivi hic suspenduntur Papistae ibi comburuntur Antipapistae And so zealous did he continue herein that Pope Paul the Third after he had fulminated so dreadfully against him Hist Conc-Trid fol. 90 proposed him for an Example to be imitated by Charls the Fifth Although such was the temper of this Prince that he never spared man The exclusion of the Papai jurisdiction was an act of the King Kingdom and Church of England in his rage woman in his lust nor any thing which might be called sacred in his avarice yet so absolute was he that his Divorce was attested by both the Universities at home besides that at Paris abroad his freeing himself and the Nation from the jurisdiction of the Pope was not only assented to by a Synod and Convocation of all the Clergy of England but the English and Irish Nobility did make their submissions by an Indenture to Sir Anthony Sellinger then chief Governor of Ireland wherein they did acknowledge King Henry to be their lawful Soveraign and confessed the Kings Supremacy Bram. Vind. of the Church of England p. 43. in all causes and utterly renounced the Pope But Divorce banishing the Papal authority
after them Gunthramn Clowis Carloman and Pepin at Masscon first and second at Chalons That which is called Francia and that which is in Vernis Twenty of them at least in France In Spain by ten several Kings in two Councels at Braccara and in ten at Tolledo by the space of three hundred years together And how under what terms Peruse the Councel themselves their very acts spake Ex praecepto Imperio Jussu Sanctione Nutu Decreto Ex evocatione Dispositione Regis One saith Potestas permissa est nobis another facultas data est nobis a third Injunctu est nobis á rege and this for about eight hundred years after Christ Then arose another Empire here in the West under Charls the Great and he called six several Councils at Frankfort Arles Tours Chalons Mentz and Rhemes And what says he in them In that at Rhemes In conventu mere priscorum Imperatorum congregato à piissimo Domino nostro Carolo That he called that Convention by no other right then as the manner of the antient Emperors had been to do After him Ludovicus Pius Lotharius Ludovicus Balbus Carolus Calvus Carolus Crassus and Arnulphus at the several Councils of Aken Mentz Melden Wormes Colen and Tribur and so held it nine hundred years after Christ for about that year a year or two over or under was holden the Council at Tribur in Germany by the Emperors decree and himself President in it Nor are the Kings of England less absolute then either Emperors Kings of Spain or France And see B. Bramhalls Just Vindication of the Church of England cap. 7. how the Emperors Kings of France Spain and Portugal have by their own authority convened National and Provincial Councils which have not only determined without the Papal authority but very often in contradiction to it Nor are either the English or British Churches or ever were less free then the Gallicane the liberties whereof in the Chapter aforesaid are set down viz. 1. The Pope cannot command or ordain any thing directly or indirectly concerning any Temporal affairs within the Dominions of the King of France 2. The Spiritual authority and power of the Pope is not absolute in The priviledges of the Gallican Church France but limited and restrained to the canons and rules of the antient Councils of the Church and received in that Kingdom 3. No command whatsoever of the Pope can free the French Clergy from their obligation to obey the commands of their Soveraign 4. The most Christian King hath had power at all times according to the occurrence and exigence of affairs to assemble or cause to be assembled Synods Provincial or National and therein to treat not only of such things as concern the conservation of the Civil estate but also of such things as concern Ecclesiastical order and discipline in his own dominions and therein to make Rules Chapters Laws Ordinances and Pragmatique Sanctions in his own name and by his own authority Many of which have been received among the Decrees of the Catholique Church and some of them approved by General Councils 5. The Pope cannot send a Legate à latere into France with power to reform judge collate dispence or do such things accustomed to be specified in the autoritative Bull of his Legation except it be upon the desire or with the approbation of the most Christian King Neither can the said Legate execute his charge until he hath promised to the King in writing under his oath upon his holy Orders not to make use of his Legantine power in the Kings dominions longer then it shall please the King and that so soon as he shall be admonished of the Kings pleasure to forbid it he shall give it over And that whilst he doth use it shall be exercised conformable to the Kings will without attempting any thing to the prejudice of the Decrees of General Councils or the Liberties and Priviledges of the Gallicane Church and the Universities of France 6. The Commissions and Bulls of the Popes Legate are to be seen examined and approved by the Court of Parliament and to be registred and published with such cautions and modifications as that Court shall judge expedient for the good of the Kingdom and to be executed according to the said cautions and not otherwise 7. The Prelates of the French Church although commanded by the Pope for what cause soever it be may not depart out of the Kingdom without the Kings commandment or licence 8. The Pope cannot by himself or his delegates judge any thing which concerns the state preheminence or priviledges of the Crown of France nor any thing pertaining to it nor can there be any question or process about the state or pretensions of the King but in his Courts 9. Papal Bulls Citations Excommunications c. are not to be executed in France without the Kings command or permission and after permission only by the authority of the King and not by authority of the Pope to shun mixture and confusion of Jurisdictions 10. Neither the King nor his Realm nor his Officers can be excommunicated or interdicted by the Pope nor his Subjects absolved from their Oath of Allegiance 11. The Pope cannot impose Pensions in France upon any Benefices having cure of souls nor upon any others but according to the canons according to the express condition of resignation or ad redimendum vexationem 12. All Bulls and Missives which come from Rome to France are to be seen and visited to try if there be nothing in them prejudicial in any manner to the estate and liberties of the Church of France or to the Royal authority 13. It is lawful to appeal from the Pope to a future Council 14. Ecclefiastical persons may be convented judged and sentenced before a Secular Judge for the first grievous or enormous crime or for lesser offences after a Relapse which renders them incorrigible in the eye of the Law 15. All places of France are obliged to swear fealty to the King and to receive from him investitures for their fees and manors 16. The Courts of Parliament in case of Appeals as from abuse have right and power to declare null void and to revoke the Popes Bull and Excommunications and to forbid the execution of them when they are found contrary to Sacred Decrees the liberty of the French Church or the Prerogative Royal. 17. General Councils are above the Pope and may depose him and put another in his place and take cognisance of Appeals from the Pope 18. All Bishops have their power immediately from Christ not from the Pope and are equally successors of S. Peter and of the other Apostles and Vicars of Christ 19. Provisions Reservations Expective graces c. have no place in France 20. The Pope cannot exempt any Church Monastery or Ecclesiastical body from the jurisdiction of the Ordinary nor erect Bishopricks into Archbishopricks nor unite them nor divide them without the Kings licence 21. All those are not Hereticks
any other way then by the established and received Laws of the Nation where mens vices and depraved manners do not require new ones I designe no more then to demonstrate that it was not your Majesties Father's and your own adherence to the established Laws but the iniquity of the times which made him a Victim and your Sacred self an Exile Nay in reason as well as justice it had been a most imprudent thing in either of your Majesties to have given up the Laws to the arbitrary lusts of your Adversaries or any one Faction For should either of your Majesties have indifferently renounced the Laws to your Adversaries being compounded of such different and contrary humors and affections then there was no visible means under Heaven to have cemented them and by consequence your Adversaries hostility and confusion continued and your own conditions no ways bettered or secured Or should either of your Majesties have renounced the Laws to have advanced any one Faction so above the rest and all your loyal Subjects that their arbitrary wills and lusts should have been the laws of all the rest and your other Subjects also yet should you not only have failed to have contented that Faction it being the nature of Faction never to bear any grateful acknowledgment for benefits received but on the contrary always abuse them to their prejudice from whom they received them and never rest until they have made themselves all and their Benefactors nothing at all or vile and miserable but have animated all the other Factions against your Majesties and it To the fulfilling of all singular and glorious Virtues in Your Sacred person is added Your being a Christian King and a Nursing Father of the Church of Christ and as if immediately sent from Heaven to cure and repair the wounds of this most miserably distracted Church although Your Majesty is descended from innumerable Royal Ancestors who have been Nursing Fathers of Christs Church yet are you not derived from any who have had the least hand in the late Sacrilege thereof And though Sir You are and ought to be a Nursing Father of Gods Church and a Patron and Defence against her ravenous and devouring Adversaries yet none of mortal men have been more Religious Sons of the Church then Your Majesty and Your Saintlike Father How unequal and how unjust then have been the sufferings of Princes so just so religious caused by Christians Your natural Subjects and these pretending Conscience whereas no School teaches men a better lesson of obedience to Princes then the Christian faith whenas the first principle or foundation of Subjects obedience to rightful Princes is founded in the Law of Nature however popular Orators and Atheists have against all sense reason nature and all authorities of sacred and profane History resolved it into the pacts and wills of men And conscience always supposes some superior law informing men to do or not do a thing or suffer when any subordinate power commands contrary to it whereas Your persecutors pretending concience trod underfoot whatsoever might be called sacred to the attaining their seditious and sacrilegious ends That God in his providence doth often permit the good and just to suffer persecution is evidently seen in all ages and places But in reason and prudence neither Your Majesties Father's nor Your own adherence to the established Government of the Church and the Rites Liturgy and Means thereof in Your adversities when they were so zealously persecuted by its and Your adversaries could be any cause thereof Neither would the desertion of it have any ways conduced to either of Your Majesties advantage for should either of Your Majesties have renounced the Church and rites thereof so as to have been a Christian King of such Miscreants who besides that they would not be of any Christian Church or society had by undue ways devoured the patrimony of the Church yet no man in his right wits could have imagined such men would long have been governed in peace or that all other men of their factions would have been content who had not made a prey thereof and there was not sufficient to content all nor indeed any at all or that the canine appetites of those men who had devoured the lands of the Church would not also have hungred after those of the Crown Or should Your Majesty have advanced any one Faction so above the rest that it should not only have tyrannized over the rest of the Factions but also Your Majesty and the rest of Your subjects yet could it not in reason have been expected that this Faction who by all Divine and Humane laws were subject to a Government founded upon our Saviour and his Apostles and by a continued series dispersed over the face of Christianity until of late it became violated in some places of Europe by seditious and sacrilegious men should so unjustly cast off their obedience so rightfully due and yet expect that their wills and lusts should long be received for Laws by the rest of the Factions and all other of their fellow-subjects But certainly Your constant adherence to the Church did proceed from the power and grace of God in You before any prudential or moral cause Notwithstanding that your Majesty is so constant a Preserver of Christs Church and Propagator of Christian religion and that your own conscience hath been so often attempted to be violated by men of none at all indeed yet so tender is your Maiesty of other mens that you will not force the conscience of any of your subjects pretending it A strange condescension any one will judge who considers the parties granting and expecting For should your Majesty command your Subjects any thing in derogation to the Majesty of God or forbid them the worship and service of God your Subjects might then justly plead conscience because the duty and allegiance which they owe to God is in the first place to be paid by all his creatures Or should your Majesty command any thing which were immoral or unjust as that your Subjects should dishonor your Majesty or their Parents c. they might justly plead conscience because that for Subjects to honor their King and children their Parents is founded in Nature and is a Law of God engraven in the minds of all mortal men or should your Majesty have lived in the Primeve times of Christianity when men by the light of Humane Nature apprehending a Deity to be publickly Worshipped and Served yet being ignorant of the manner misplaced it in Osyris Isis Iupiter Apollo an Oak c. then to have compelled them to have Worshipped God after the manner of Christians had been unconscionable and unchristian because they paid an acknowledgement of that Worship due to God by Nature and could not by Nature apprehend this but must wait upon God until that by the ordinary means of the Church or supernaturally inspired by God they should be converted thereunto Or should your Majesty command any thing
be esteemed as the greatest goddess and that the greatest power ought to be ascribed to her overcoming and triumphing over all the oppositions of Men and verisimilitudes Nor can any reason be given that Polybius Livy Plutarch c. did either write such Histories or that such Histories written by them were truer then those which are lost and rejected by Men but only a kind of divine ayre informing Men of their truth whereas those books which are falsely and factiously written are exploded and neglected in a very short time and yet whether they were truly or falsely written few or no Men can judge from any thing known to the outward sence I say few or no Man can so judge of them for in that time when they were written there were many more false and factious Historians to delude Men then true and just to inform them Nor can Men in subsequent generations from any thing in their outward sences judge or discern whether any thing they record be true or false Nay further no Historian except Caesar and Xenophon and some very few others who recorded infinitely more things not known then known to them to be true did ever know whether what he recorded were true or not To evidence this yet more fully there was scarcely except Caesars Xenophons ever any History truly written in those times wherein the things were done that men might take information from their outward senses but Men were so carried by Faction or Interest that in recording of things they record things not as true or false but as advancing their Faction and Interest whereas Men in the subsequent generation not having those Passions and Appetitions nor any sense of these things subjecting all their Passions and Affections as it were assisted by a divine Election do make Election of those things which are true and reject others which the Malice or Faction of Men had imposed upon the World And a Man is as certain that there have been such Men as Caesar Hanibal Alexander c. and as assured of their Actions as if he had seen them 46. Since all things which proceed from God immediately and for Faith is an extraordinary Gift of God which no reason can be given by any Creature may be justly required for principles by intellectual and reasonable Creatures and since the Scriptures proceed immediately from God or they could not be the Word of God are therefore the principles of Faith And since there is nothing within man naturally which may assure him that those things revealed in Scripture were Gods Revelation it does necessarily follow That Faith or the Belief of God in the Scriptures is Gods gift supernaturally and extraordinarily Nor can all the Arguments of Tradition Church Excellency of stile Truth c. move one stone to the proof of them For they were the Word of God before any Church or Tradition c. was And if they had not been the Word of God before the Church received them and delivered them to posterity their Reception and Tradition could never have made them so Besides the Church having its being from the Scriptures it can never prove the cause of its being And what was it less then the power and grace of God extraordinarily given to Moses That the Bush burned and was not consumed And of all the miracles done by him and the other Prophets and more then those done by our Saviour and the Apostles and blessed Martyrs since And that by the Preaching of a few Fishermen against all the Temporal Powers in the World Christianity should be propagated generally over the face of the Earth and that I without any thing in me or desert of mine am baptised into this Faith And he that shall dispute the truth of the grace and power of God in the Old and New Testament and since recorded in Ecclesiastical and Prophane History ought as much to be confuted with clubs and hissing as he that denies or disputes his Principles in any Art or Science 47. All Principles are true or false just or unjust good or bad either All Principles are prime and necessary either necessitate absoluta or necessitate medii necessitate absoluta or necessitate medii Principles that are true or false necessitate absoluta are so that they are immutable by God himself as that two and two added should not make four or that things equal to the same thing should not be equal to one another or that any being should be superior to the cause of its being or that contradictions should be true or else true or false good or bad just or unjust necessitate ex hypothesi And these though they are necessary and principles to those to whom they are given and immutable by them yet are they not principles and necessary to them who made and gave them As the Laws of Nature and Gods revealing himself in the Scriptures are principles necessary and immutable by all the Men in the World yet are they not principles necessary or immutable by God but he might if it had pleased him made something else the Law of Nature or otherwise revealed himself in the Scriptures So Humane Laws must be prime necessary and immutable by Subjects or their conforming or not conforming their actions to them could not be just or unjust But they cannot be prime and necessary or immutable by the Legislator but as he sees occasion may alter or make something else which was not before Laws for the Subjects to conform and direct their actions to It is therefore absurd and wilde to suppose that the Law of Nature is Annotat. simply necessary and immutable by God or that the will of Men can make it mutable 48. All Science all Learning all Reasoning and all Conclusions by Contra negantes Principia non est disputandum the Authority of Aristotle is begotten from pre-existent principles for which no reason can be given by the Learner which being granted do nemonstrate the Conclusion but by the Authority of Aristotle and all Philosophers no Science or Conclusion can demonstrate the Principles Where therefore either by a defect in the Understanding Men cannot or by a stubbornness in the Will they will not apprehend Principles there all Reasoning Learning or Discourse is at an end If therefore I would learn a Man Geometry and he either cannot or will not apprehend the Axioms or common Notions of it it is impossible I should ever make him understand the constitution of an equilateral Triangle Or if a Man denies the Laws of my Countrey I cannot teach him whether such an action be just or unjust Or if a Man denies the Law of Nature I cannot prove that he ought to honor and obey his Superior and to deal justly and uprightly with all Men Or if a Man denies or disputes the Authority of the Scriptures there cannot be any Conclusion or Inference from them whether as Christians any thing ought to be or not to be done or believed
might not be aliened or made worse by the Possessor yet so that she left a gap open for herself and her Favorites to prey upon it which was after shut by King James and with great care secured by King Charls All this while grew up a Faction in Church and State which became the ruine of both For not only in the Church the Publique Liturgy Communion or Religion was vilified and defamed but the Governors reviled with all opprobrious names of Tyrannical Antichristian c. It is true the Majesty of the King was not so openly reviled yet was it insensibly daily undermined by them in which they were much assisted by a company of half-headed Lawyers who in all Assemblies distilled this doctrine into ignorant men That the Law was above the King and that they had Property against him in their estates and goods Whereby not only Citizens and Great places became generally inclined to this new doctrine of the Teachers and Lawyers but the Country-Gentleman thought himself independent from the King both in his life and estate the Yeoman cared not for the Gentleman and as little regarded the King so that the veneration of the Royal Name became every day more contemptible and despised all honor and reverence due to the King Church was converted unto these Patriots of their Countries Liberty and New Lights Nor could the Church relieve the Crown although the Governors were well-affected towards it being by all the Faction more hated than the King became despised until in the end the chief Governors both of Church and State not only became Victims to the rage and lust of seditious men but the Revenues of both a prey to their avarice And now what is left for this miserable Nation to expect having forfeited all Piety and Allegiance to Gods Church and his Anointed but after all this consumption of the Blood and Publique and Private Revenue of the Nation and having lost all Reputation and Commerce abroad for the future to be Turk-like governed by armed and hungry Soldiers without any probable hope of Redemption Object It may be it will be here objected That though poor and contemptible Princes be rarely long obeyed especially where their Subjects are opulent yet had the Church never so great veneration both for power and piety as when in the Primitive times it was poor whereas afterward when it became rich and mighty it did degenerate into many vices and heresies and lost much of estimation and piety which it had in its poverty Answ I grant that God did by his grace and power originally by a company of poor men and Fishermen against all the greatness of worldly power miraculously plant a Church and that those poor men sent by God were supernaturally inspired by his grace which not their poverty was the cause of their piety and sanctity and that they were so highly honored by primitive Christians yet sure when God hath supernaturally planted his Church it cannot be in reason expected he should preserve it always by miracle And sure those are very ungrateful men not to contribute ordinary means for the preservation of what God hath extraordinarily planted Nor is there any thing more vain then to imagine that men are better for being poor or that according to the ordinary course of things they will not be by men in general esteemed vile and contemptible who are so Nil habet infaelix paupertas durius in se Juveual Quâm quod ridiculos homines facit CHAP. VI. Of the Fathers power 1. UNumquodque resolvitur in id ex quo componitur Dust shall return to the Introduction earth as it was and the Spirit to God who gave it Eccle. 12. 7. It is not the good will and pleasure of the All-prepotent God that only the individuals of one age should see the greatness of his Majesty and power therefore he was pleased to create man as well as other Creatures in this inferior or be in a * If Adam had not been created in a Mortal State the Sacrament of the Tree of life had been a vain institution mortal state yet he endewed him generativa facultate that though he does dye in his person yet he should live in his posterity and as one generation passeth away so another commeth but the earth abideth for ever Eccle. 1. 4. 2. There is nothing more evident then that in perfect Creatures of The power of Parents alike over their Children which man is the most perfect that God is the prime and efficient cause or God working by naturall causes the Sun is the efficient cause and Male and Female the Instrumental Sol per hominem generat hominem See Harvey de generatione Animalium Cap. 33. Man and Woman therefore being the means whereby God does renew the species of Mankind and all Creatures having power over themselves in all things wherein they are not restrained by some natural or humane Law and every Child being alike part of either of his Parents the Power of Father and Mother is alike over their Children and so by consequence the subjection and obedience of every Child is alike due to Father and Mother And to honor thy Father and thy Mother is the First precept of the second Table of the Decalogue 3. Man and Wife being but one person and the Husband being the Why in Matrimony the power is in the Father head of the Wife and the Wife being in the power of the Husband the Husband hath the power and command as well of the Children as of the Mother yet the piety and observance of Children to their Mother is as much due as to their Father 4. Grotius cap. 5. art 2. de jure belli pacis out of Arist pol. 1. cap ult Grotius his opinion of the Fathers power eth 5. cap. 10. distinguisheth the Fathers power over Children into three times viz. 1. The time of their imperfect judgment 2. The time of their perfect judgment 3. The time when they are out of the Fathers family In the first all the actions of the Children are under the command of the Parents In the second time whenas judgment is matured by age and are of the family they are subject as part of the family In the third when he is matured by age and out of the family the Son is in all things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of his own right Yet he says and truly parag 5. The Fathers power so follows the Fathers person that it can never be pulled off nor transferred to any other for the Fathers power arising from generation is due to him by the Law of Nature and so always the same if not aliened by the act of God And therefore * Confuted Quando Ubi make no alteration in the Fathers power for it is the same when the Son is an Infant and when adult when he is part of the family and when not 5. Where the Law of Nature gives a
power which God hath given Fathers and Husbands by the law of Nature 7. The Husband being the head of the Wife she is in all respects of law The Wife has nothing proper against her Husband deemed civiliter mortua nor can take or purchase any thing during the coverture but whatsoever is given to the Wife is ex facto the Husbands Yet Marriage being a Sacrament by the institution of our Saviour and Ephes 5. 25 32. a Mystery of Christ and his Church and so the cognisance thereof due to the Ecclesiastical power the Church upon the penalty of Ecclesiastical censure may compell the Husband to allow his Wife Alimony if without sufficient cause he shall refuse to cohabit with her 8. If Poligamy had not been lawful before our Saviour Christs time Poligamy was lawful before our Saviour then had our Saviour been illegitimate being descended of Bathsheba when David had many other wives Nor can the argument drawn from the necessity of propagating Mankind take place when David reigned for there never was in so small a Continent so great a number of people as the Israelites were when David reigned as appears by the Number which Joab took and for which David was punished with so great a pestilence If it were before the divine law of our Saviour lawful every where for Annot. Men to have many Wives I do wonder why Mr. Hobbs cap. 17. art 8. de Cive says That our Saviour made no laws but the institution of the Sacraments which are Baptism and the Eucharist And if Matrimony be a Civil institution as he affirms then Poligamy is lawful for all Christians who are in subjection to the Turks c. where by the Temporal laws it is permitted and the Kingdom of Congo rejected Christianity for no other reason but because they were not allowed plurality of wives which Mr. Hobbs could easily have dispenced with I do challenge Mr. Hobbs to shew any one instance where ever in the Christian world before all things ran riot here in England since 1642. the Temporal power took cognisance of Marriage 9. Matrimony is the act of two free persons viz. neither precontracted What Matrimony is nor married nor within the degrees prohibited by God Levit. 18. of different sexes capable of performing the end of marriage mutually taking one another for Husband and Wife I N. take thee D. to be my wedded Wife I D. take thee N. to be my wedded Husband But this must be done publiquely and Banns of both parts publiquely pronounced three Holidays or a Licence procured from the Ordinary for dispensation with all the rites and solemnities injoined by the Church or else the Church takes no cognisance of it 10. Where the Matrimony is subsequent to the allegation there the Whether Matrimony be dissolvible Vinculum is dissoluble As if one man marries another mans Wife or a Husband his Wife living marries another or if the parties contracting or marrying be within the degrees forbidden by God or if either party were Lev 18. precontracted or frigid these necessarily preceding the Matrimony do dissolve the bond But where the matter or allegation is subsequent to the Matrimony there the bond of Matrimony cannot be dissolved but only a Divorce upon just cause is grantable to separate the Complainant à mensa à thoro The reason why in this latter case the Matrimony cannot be dissolved is because Marriage being an institution of God it is in the cause superior to any Humane law or act and so by consequence cannot by them be dissolved And indeed in proper speaking where the Matrimony is subsequent it is rather not done then dissolvible the persons marrying being personae incapaces for such an action 11. The Holy Ghost Ephes 5. 25 c. shews the duty of Husbands The duty of Fathers and Husbands And Cato though no lover of women did think it sacrilege in the Husband to strike his wife Plut. vita Caton cens No question the right and careful education of Children is the onely means by which Parents may hope to have any comfort of them here or hereafter for Train a child in the way when he is young and he will not depart from it when he is old says the Preacher Nor can Parents expect to have their Children virtuous if they be vitious themselves for with what face can any Father condemn his Child for any thing which he allows in himself Besides there is nothing ill which naturally Youth doth not more suddenly apprehend then Men therefore Maxima debetur puero reverentia si quid Juveval Turpe paras And ill habits are soon gotten by Children if they be not carefully observed and restrained and hardly if possibly left when they are Men. CHAP. VIII Of Domestical power 1. THere are three sorts of Families either by Affinity or Alliance How many sorts of Families there be or by Consanguinity or a Legal or Houshold-Family Of such a Family and of its Cause and Jurisdiction we shall in this ensuing Chapter treat 2. A Family is not the cohabitation of divers persons in one house A legal family is not the cohabitation of divers persons in the same house for then Inmates and Travellers c. were subject to the power of the Master and Host Besides subjection cannot be where it depends upon the will of the Subject when he will he may choose whether he will obey But it is evident that Inmates and Travellers may when they will cease their subjection by leaving of the house 3. A Family is contained in the mutual offices of commanding and What a legal family is obeying of several persons under one head in the same house And the same head may be of divers Families as when a Master keeps servants in two or more different houses 4. A Family may consist of Paterfamilias who is Father and Husband Of what persons a family in the largest sense is compounded and the head or commanding part of the family of Wife Children and Servants who are the obeying part of the family or of the Mistress of the family who commands and of Children and Servants who obey 5. But because a Family may consist where as parts of the Family In the more proper sense there is neither Father nor Mother Husband nor Wife nor Children A Family is properly where several Servants obey the same Master or Mistress in the same house 6. Servants are twofold either voluntarily serving with their consent Of Servants first given such as are those servants who for such wages serve their Masters for such a terme or where they serve whether they give consent or not as where men are slaves or apprentices The power which the head of the family has over his Servants is called potestas herilis or despotica the Masters or Mistresses power We speak first of Masters power over Servants serving for wages 7. It is impossible that any
absurd But if Solomon his offering a peace-offering for the people and his blessing the people be objected I answer it does signifie no more then a fathers blessing his children and praying to God that they may live peaceably But none of the Kings did ever offer a sin-offering or burn incense to the Lord without reprehension by God Out of this it is evident that God never forsook men before they Annot. 2 first did forsake him Adam did first eat the forbidden fruit before God drove him out of Paradise and cursed Mankind and the ground for his sake Then mankind sinned malitiously before God brought the general Cataclysme upon them and they made a wicked conspiracy before God confounded them at Babel but none were more malitiously stubborn than the Jewes who when they were enjoyned to observe the Ceremonial Law scarce ever observed it but went a whoring after the Gods of the Nations Moab Ammon Ashteroh c. yet since our Saviour hath fulfilled it never did men so superstituously observe any thing as they have done it And now Oh that I could more then powre forth all Jeremies lamentations in commiseration of thee O my Mother Church and Native Country much more deserving it then the Jewes in the Babilonish Captivity for Jeremiah foresaw their return and restitution whereas I cannot hope but that Christianity it self is in the very wayne here among us For not only Bishops and Priests are therefore hated because they are Christs Ministers and Puppets Mountebankes and Tryers set up in the place of them and not only all the carved works in the houses of God in despite of God are beaten down with Axes and Hammers and the houses themselves destroyed and made stables for horses but all the solemn days kept in commemoration and gratitude for our Saviours Nativity Passion Resurrection Ascention c. in despite of Christianity decryed as superstitious c. Sure as glorious Christian Churches as ever were in England have been in Africa c where were it not for some poore Christian slaves there is not so much as any footsteps of Christianity left The Contents of the Third Book THe First Chap. contains the causes of Subjection of Subjects to Supream Powers of Subjection of Children to Parents of Servants to Masters as also to them who have oversight over us in the Lord. The Second Chap. treats of succession of Princes in Hereditary Monarchies and discovers the fiction of the Salique Law in France and that it was a meer invention to exclude the just title of the Kings of England and has been ill observed by the French themselves when it did not conduce to their advantage The Third Chap. treats of the Municipal Laws of my dear and native Country before they became invaded and subverted by those men who in so many several shapes since 1640. have arrogated to themselves the name of Parliament THE THIRD BOOK CHAP. I. Of Subjection 1. IT is observed by a Writer that our Saviour Introduction in communicating the Cup to his Disciples as if he had foreseen that it would be detained from the Laity gave it in these words Drink ye all of it whereas in partaking of the Bread he said only take eat c. I am sure it is well worth the observation that the Holy Ghost as foreseeing the great abuses which should happen in the world by the specious pretences of Religion Conscience the Power of the People or Parliaments c. commands Subjection to Higher Powers not in certain cases but absolutely and not certain persons but every Soul is to be Subject to the Higher Rom. 13. 1. Powers 2. I say Supream or Regal Power being from God immediately by Subjection due by the Law of Nature to Soveraigns the Law of Nature it does necessarily follow that subjection of Subjects to their Soveraign is due by the Law of Nature nor can the relations be dissolved but by God himself I may I think without any affectation affirm that the Judges in Calvins case were as learned and upright as ever any before or since let us therefore see their resolutions 3. Those learned and upright Judges resolve tit Ligeance Ligeance What is Ligeance is a true and faithfull Obedience of the Subject due to his Soveraign This Ligeance and Obedience is an incident inseparable to every Subject for as soon as he is born he owes by birthright Ligeance and Obedience to his Soveraign Ligeantia est vinculum fidei quasi essentia Legis and a little after page 5. Ligeance does not begin by the Oath of the Leete For many men owe true Ligeance who were never sworn in the Leete Where note it is false if not Treasonable in Mr. Hobbs who affirms that the Knowledg Note of the Legislator does depend upon the Citizen For every man is as much a subject before he hath taken the Oath of Aligeance as after And see whatsoever is due by the constitution of man may be Pag. 25. tit 5. altered but natural Ligeance of the Subject to his Soveraign cannot be altered ergo natural Ligeance or Obedience to the Soveraign is not due by the Law or constitution of man And again whatsoever is due by the Law of Nature cannot be altered but Ligeance and Obedience of the Subject to the Soveraign is due by the Law of Nature ergo it cannot be altered Et qui abjurat regnum amittit regnum sed non regem amittit patriam sed non patrem Pag. 9. patriae 4. Ligeantia ac quisita or Denization is threefold First absolute to them Ligeantia acquisita Pag. 5. 6. and their heirs Secondly limited as when the King does grant Letters of Denization to an Alien and the Heirs Males of his body or for life The third is when the King by Conquest conquers another Kingdom or part of it the Antenati Postnati are Denizens of the Kingdom or Dominion so conquered Yet sure under correction the Postnati are not only Denizens but Natural Subjects For Power and Subjection being by the Law of Nature all men born in the Dominion of any Soveraign are his Natural Subjects and with this does Sir Ed. Coke agree If a man come into England and have issue two Sons these two Sons are Indigend Subjects born because they Com. Lit. pag. 88. are borne within the Realm that is in the Dominion of the King but if any be borne out of the Realm that is out of the Dominion of the King although of Natural Subjects to the King they are alienigena They therefore who are Postnati in the exercise of the Kings power by Conquest are his natural Subjects 5. Local Ligeance is when any Subject of France is in England or any English in France c. so long as he is in the power of the King he is de Local Ligeance tit 3. pag. 6. facto his Leigeman Therefore a Frenchman being in England joyned with divers Subjects of this
Yet this can be no objection by those men who ascribe all infallibility to the Pope and that all his Acts and Decrees are to be received and obeyed by an implicite faith as Divine oracles Well but suppose these determinations of the Pope were not concerning matters of Faith as no doubt they were not then how comes the Pope because he is infallible in the Faith that he takes upon him to be Judge and Determiner of those things which no ways appertain to it but are as much where Christianity is not planted as where it is Object Yet it will be objected That if the Church be not Judge of what conduceth to the peace and safety of the Kingdom and Church then who shall and so farewell to all Government and peace in Church or State But before I answer this Quaere I would be resolved one Question or two Who shall be Judge whether the Pope or a General Council be superior Who shall judge whether in any Determination of the Popes it be concerning matter of Faith or not or whether it be determined in Gathedra or not In the many Schismes of the Papacy who should judg who was the true Pope or who shall judg whether Alexander the tenth be now the true Pope or who ever gave the Cardinals who were an humane institution many hundred years after our Saviour this power of Election of the Pope that whosoever they should so elect should be universal Bishop and St. Peters successor Although I might justly insist hereupon nor can these things upon these mens principles who maintain the Popes infallibility at least in my understanding be solved and so are they for all their boast of unity among themselves in as much confusion and dissention even in their very principles as other men yet am not I ashamed to give an account of my obedience both to my Church and King Answer I say that God hath made man a sociable intellectual and reasonable creature and endewed him with an immortal soule potentially capable of eternal happiness Nor will God be served by man having so made him only by a base servile feare and without the intellectual and rational faculties of the soule and therefore has engraven by nature in the heart of every man certain rules by which he is to direct his actions which are the first principles and foundations upon which I honor my Parents King and them who are set over me for my direction in order to my eternal good And although that out of the Church and not being preserved by humane Laws I can neither hope for safety in this world nor salvation in the world to come yet who he is from whom all humane Laws are derived or what is the Church in which I must hope for salvation there is no visible Judge under Heaven but only mens consciences to direct them viz. those directions which God either by nature has given to men or revealed supernaturally in the Scriptures Nor does a mans conscience thus informed leave him after it be informed who it is from whom he ought to expect protection and to whom he owes his obedience as well spirituall as temporal for though there be no visible means for men to hope for peace in Church or State yet does it not follow that by all men all things which may be commanded for the Laws of the Church and State are to be observed as the Laws of Church and State as if the Church command men to worship Images or any creature for the Creator which under the old Law it many times did nor do I understand how it can be excused in the Church of Rome or if men be commanded by higher powers immoral things as to dishonor them or their Parents or whenas temporal powers command things plainly derogatory to the ghostly power of the Church or the Church commands things contrary to the duty men owe to their King and Country which we daily see both the one and the other do which makes some men in their passion ultimately resolve their Temporal and Ecclesiastical obedience into the Church others into the secular power and many deny all obedience to either and set up themselves or something else in stead of either But though mens affections carrie them several waies yet ought not all reason therefore and conscience to forsake all men for although I ought not to judge either King or Church if they command any thing they ought not yet have I and every man else a conscience to direct them whether I ought to do all things whatsoever commanded by King or Church Nor ought men to be frighted out of their consciences viz. the Law of God by nature informing them or his Law supernaturally revealed by his grace directing them because a perverse company of Schismatical and seditious men have abused all Temporal and Ecclesiastical Laws and Powers by pretending conscience Nor will a blind obedience in all things to the Church of Rome cause unity and peace among Christians although it be so much magnified by them for let any man read the lives of H. 4. 5. 6. and 7. and Frederick 1. and 2. Emperors whenas the whole Empire was of the Roman Catholick Religion and see if ever greater broyles were in the Christian World and let them judge whether Obedience to the Popes by so great a part of the Empire were not the cause of them or whether all the Wars in Christendom caused by Boniface the eight and Julius the second were not against Christians in the communion and form of the Church of Rome But where secular or ecclesiastical Laws do plainly command things not plainly derogatory to Gods Law for where they do God is in all things to be obeyed before man so as it is doubtful whether they do repugne Gods Law or not then certainly the best way is to submit to them for a mans conscience wrong informed does not excuse him from any Article of his duty and if it may be the Laws do repugne Gods Law it may be they do not and in controverted and doubtful cases the Law is alwaies presumed to be on the Governors part Nor shall any mans conscience ever excuse him if the Laws either of Church or Country do command things repugnant to Gods word from the duty and obedience he owes to them in all things where they do not repugne it Nor does it free any man from his subjection to higher power but where he cannot submit he ought to suffer And no question that where two evils unavoidable happen the least is to be taken as if a man in the communion of the Church of Rome be reduced to that necessity of simply conforming himself to all things used in the Church of Rome although his conscience cannot digest many things or be excluded out of the visible Church of Christ he had better be of such a Church then of none at all Sure God never affixt such infallibility to men how great or good soever
of Handicraft trades 12. And we teach that every learned Priest does not despise an half-learned Priest but as much as in him lies endeavour to make him more learned 13. And we teach that no Priest well descended does lightly esteem a Priest meanly descended for to a man rightly judging all men are of the same stock 14. And we teach that every Priest behave himself so that he be not a Merchant without right nor use merchandise 15. And we teach that every Priest administer Baptism as soon as he shall be required and that they admonish all within their Parish that they have a care that all their Infants be baptized within thirty seven nights and that none does too long defer to be confirmed of the Bishop 16. And we teach that all Priests do with all diligence promove the Christian religion and by all their strength blot out the superstition of the Gentiles and we do forbid feigned Will-worship Negromancy Divinations Witchcrafts Divine worship of men and those things which lead mortal men into divers errors and in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and of divers other Trees Stones and the Phantasie of divers things which deceive men which ought not 17. And we teach that every Christian man take care that his children be christened and learn them their Pater-noster and Creed 18. And we teach that on Festival days every one abstain from the prophane Verses and Songs of the Gentiles and from Devilish Plays 19. And we teach that every one abstain from fabulous and foolish readings and from filthy and blasphemous idle talk 20. And we teach that upon Sunday every one abstain from merchandise and popular meetings 21. And we teach that every one abstain from the company of Harlots and embrace his right wife 22. And we teach that every one learn his Pater-noster and Creed before he be buried in a consecrated Churchyard or be accounted fit to receive the Eucharist and that he be unworthy the name of Christian that will not learn these things nor suffer other men in Baptism to be washed with holy water nor in confirmation admit of the hands of the Bishop but all that he could avoided them 23. And we teach that upon Festival and Fasting-days there be no extraordinary contentions among men 24. And we teach that upon Festival and Fasting days there be no administration of Oaths or the Ordale 25. And we teach that upon Festival and Fasting times every man forbear to accompany his wife 26. And we teach that Priests keep their Churches with all worthiness in Divine Ministry and to pure service and to nothing else and that they suffer not any thing more nor any thing less neither within nor near it Let there be no vain speech nor any thing indecently done This is not a place of inordinate drinking nor of any manner of vanity Neither may a Dog come into the Church-yard nor more Hogs then a man can rule 27. And we teach that no man repose any thing in the Church which may be there held uncomely 28. And we teach that in the Churches Vigils every one behave himself modestly and diligently betake himself to prayer and not given to drinking or luxury 29. And we teach that no man be buried in the Church who by a good life did not please God and thence be judged worthy of such sepulture 30. And we teach that no Priest celebrate Mass in any house which is not a consecrated Church unless it be for the extreme sickness of any one 31. And we teach that no Priest do at any time celebrate Mass unless it be upon a consecrated Altar 32. And we teach that a Priest never celebrate Mass without book and that he have the Canon before his eyes unless something hinder it 33. And we teach that every Priest celebrating Mass hath his Coporal and Subumle under his Alban and all his Missal vestiments as is meet duly woven 34. And we teach that every Priest be very careful to have a good book or at least faithfully corrected 35. And we teach that no Mass-priest celebrate Mass alone lest he so should want them who might answer 36. And we teach that no man receive the Eucharist but fasting unless it be in dangerous sickness 37. And we teach that no Priest celebrate Mass above thrice at most in one day 38. And we teach that the Priest always hath as is meet the Eucharist prepared and that he keep it in cleanness and be very careful that it does not wax old But if it be longer kept then is meet so that it grows nauseous then let it be burnt with pure fire and be put under the altar and let him who is guilty of the offence ask God forgiveness 39. And we teach that not at any time the Priest be so rash that he celebrates Mass unless he has all things pertaining to the Eucharist viz. Pure oblation pure wine and pure water Wo to them who begin Mass if any of these be wanting and wo to him who uncleanly hath prepared any thing to this purpose he is like those Jews who mingled vinegar and gall and afterward in scorn offered it to Christ 40. And we teach that at no time a Priest is worthy to celebrate Mass who hath not received the Eucharist neither in Sacred orders may he consecrate another who is not consecrate himself 41. And we teach that every Cup in which the Eucharist is consecrated be Fusil and that it be never be consecrated in wood 42. And we teach that all things about the Altar and belonging to the Church be very clean and worthy and that nothing unworthy be brought hither but what is holy may be worthily reposed and let a light always burn in the Church whilst Mass is singing 43. And we teach that no man neglect any thing which is consecrated viz. Holy water Salt Frankincense Bread c. 44. And we teach that no woman approach the altar whilst Mass is celebrated 45. And we teach that no man ring the Bells but at the appointed times and that every Priest then sing his hourly Song in the Church and in the fear of God diligently invoke and poure out his prayers for all men 46. And we teach that neither Mass nor Parish-priest do come within the door of the Church or any seat in it without his Surplice nor to any office at the altar without his designed vesture 47. And we teach that no man ordained in Sacred Orders nourish his hair nor without cause permits himself to be shaven if he hopes the blessing of God and S. Peter and ours 48. And we teach that upon Festival and Fasting-days all Priests be unanimous and set forth to the people the same things in one and the same manner lest otherwise they might lead them into error 49. And we teach that every Fast be made more grateful by the distribution of alms for whosoever out of his devotion to God diligently gives
Tribute or of St. Peter Cap. 20. Who shall deny the peny of St. Peter the peny let him pay by the Justice of the Church and thirty pence forfeiture and if he will be impleaded concerning it by the Justice of the King let him forfeit to the Bishop thirty pence and forty shillings to the King Of Religion and the publick Peace 51. First of all we Ordain above all things That one God be worshipped all over our Kingdom and the one Faith of Christ be always kept inviolate c. The Laws are Translated out of the Original set forth by Mr. Abraham Whelock in his Appendix to the History of Bede from page 150. to 107. Sir Ed. Coke in Caudrys Case cites a quare Impedit 7 Ed. 3. tit 19. where it is agreed that no man can make an appropriation of any Church having cure of souls being a thing Ecclesiastical and to be made by some person Ecclesiastical but he that hath Ecclesiastical Jurisdiction but William the first of himself without any other as King of England made appropriation of Churches with cure to Ecclesiastical persons wherefore it does follow he had Ecclesiastical Jurisdiction Here is nothing but argumentum à facto ad jus and a man may as well infer that Saul Jeroboam and Azariah did offer sacrifice and burn incense and therefore they had Sacerdotal power in them or that King John did give the Crown and received it again from him and therefore the Crown of England is holden of the Pope Ecclesiastical Laws made by Henry the first Who began to Reign in the year of Christ 1100. THese at last are the happy joys of the long wished for peace and liberty Proem by which the glorious Cesar Henry doth shine forth to his whole kingdom in Divine and Secular Laws written Institutes and Exhibitions of good Works Moderate Just Valiant Prudent whom God may make to command with happy auspices and healthful prosperity of body and minde with his famous wife Maud the second and their children for ever and the everlasting peace of this Nation His Epistle to all his Leigmen 1. Henry by the Grace of God King of Englishmen to all Barons and his Leigmen French English health Know that I by Gods mercy and the Common Counsel and consent of the Barons of the Kingdom of England am Crowned King of the Kingdom aforesaid and because the Kingdom was oppressed by unjust exactions I in respect of God and the love which I have towards you all first of all make the Church of God free so that I will neither sell nor let to farm nor after the death of an Archbishop or Bishop or Abbot will take any thing of the Demesns of the Church or her men until the successor be come in c. Of the propriety of Causes Cap. 5. In all Causes Ecclesiastical and Secular legally and in order to be handled some are Accusers some Defenders some are Witnesses some are Judges In every discussion of honesty fitting men are to be joyned together and that without any exaction until the quality of the Causes and the intention of the Accused the manner of Witnesses and election of Judges be weighed with upright scrutiny Let there be no foreign Judgements nor celebrated by their improper Judge in place or time nor in a doubtful case or the party accused being absent the sentence being pronounced notandum that for all if the accused had competent warning and lawful leave of answering and defending he be not denied or impleaded or outlawed or circumvented by some stealth or judged by deceit If he be satisfied in the Witnesses Judges and Persons If he consent to the Judges or hurt or contradict It is not altogether so in Ecclesiastical business as Secular in Secular business after that any is called shall come and begin to plead in the Court it is not lawful to go back before the Cause be determined although they shall agree but in Ecclesiastical business it is lawful to go back in the Cause aforesaid If a man suspect a Judge or think himself oppressed surely Judges ought not to be so nisi quos impetitus Elegerit Neither may any one be heard or give judgement before that they be chosen and he who refuses to consent to the elected let no man communicate with him until he obey but if in judgement there arises dissention among the parties of which a strife comes forth let the sentence of the more prevail It is Enacted in the Cause of Faith or of any Ecclestastical Order he ought to judge who neither takes reward nor is of another Law and will do nothing without an accuser For God and our Lord Jesus Christ did know Judas to be a Thief but because he was not accused therefore he was not rejected and whatsoever he acted among the Apostles for the dignity of his Office remained firm As also Clerks ought not to receive Laiks Accusers so ought not Laicks to receive Clerks to be Accusers of Clerks in their Accusations and Informations and Witnesses ought to be legitimate and present without any infamy or suspition or manifest spot because they cannot rightly accuse Priests who cannot be Priests nor of their Order nor is it needful to Judge a man before he hath had lawful Accusers present and accepts a place of defence to wash out his crimes And it is our pleasure as often as many crimes are objected to Clerks by Accusers and they cannot make good one of the first of which they are accused they shall not be admitted to the rest And a Bishop shall not be condemned unless by seventy two Witnesses nor the Archbishop be judged of any A Presbyter-Cardinal Note the preheminence of a Bishop in England at this time above a Cardinal shall not be condemned unless by forty four Witnesses a Deacon-Cardinal shall not be condemned unless by twenty six Witnesses nor a Sub-Deacon under seven nor let the greater despair for the force of the lesser men and there always the Cause may be Pleaded where the Crime is admitted If a man stricken will he may plead his cause before his Judge and if he will not before his Judge he may hold his peace and as for men stricken as often as they desire respit let it be granted And every man which objects a crime let him write that he will prove it and if before he be changed he will not follow he is convinced no crime is to be accounted But if he will prosecute if he shall not prove what he objects let him undergo the penalty which he brought the Apostle says Against a Presbyter a writing is not to be received without two or three approved witnesses how much more against Bishops if these things be observed of Presbyters and other faithful men If any one will accuse any of the Clerks in an accusation of Fornication according to the precept of St. Paul two or three testimonies are required from him but if he
Spiritual Judge for remedy as right shall require The Answer Of the ability of a Parson presented unto a Benefice of the Church the examination belongs to a Spiritual Judge and so it hath been used heretofore and shall be hereafter There shall be a free election of the Dignities of the Church Also if any Dignity be vacant where election is to be made it is moved that the Electors may freely make their election without fear of any Power temporal and that all prayers and oppressions shall in this behalf cease Ans They shal be made free according to the form of Statutes Ordinances A Clerk fleeing into the Church for Felony shall not be compelled to objure Moreover though a Clerk ought not to be judged before a Temporal Judge nor any thing may be done against him that concerneth life or member nevertheless Temporal Judges cause that Clerks fleeing unto the Church and peradventure confessing their offences do abjure the Realm and for the same cause admit their abjurations although hereupon they cannot be their Judges and so power is wrongfully given to Lay-persons to put to death such Clerks if such persons chance to be found within the Realm after their abjuration The Prelates and Clergy desire such remedy to be provided herein that the immunity or priviledge of the Church and Spiritual persons may be saved and unbroken The Answer A Clerk fleeing to the Church for felony to obtain the priviledge of the Church if he affirm himself to be a Clerk he shall not be compelled to abjure the Realm but yielding himself to the Law of the Realm shall enjoy the priviledge of the Church according to the laudable custom of the Realm heretofore used The priviledge of the Church being demanded by the Ordinary shall not be denied to a Clerk that hath confessed Felony Also notwithstanding that a confession made before him that is not lawful Judge thereof is not sufficient whereon Process may be awarded or sentence given yet some temporal Iudges though they have been stantly desired thereunto do not deliver to their Ordinaries according to the premises such Clerks as confess before them their hainous offences as Theft Robbery and Murder but admit their Accusation which commonly they call an Appeal albeit to this respect they be not of their Court nor can be judged or condemned before them upon their own confession without breaking of the Churches priviledges The answer the priviledge of the Church being demanded in due form by the Ordinary shall not be denied unto the Appealer as to a Clerk We desiring to provide for the state of the Church of England and for the tranquillity and quiet of the Prelates and Clergy aforesaid as far forth as we lawfully may do to the honor of God and the emendation of the Church Prelates and Clergy of the same ratifying confirming and approving all and every of the Articles aforesaid with all and every of the Answers made and contained in the same do grant and command them to be kept firmly and observed for ever willing and granting for us and our heirs that the aforesaid Prelates and Clergy and their successors shall use execute and practice for ever the jurisdiction of the Church in the premises after the tenor of the answers aforesaid without quarrel inquieting or vexation of our heirs or any of our Officers whatsoever they be In the Reign of King Edward the second Albeit the Ordinance of Circumspectè agatis made in the 13. of Ed. 1. Candries Case and by the general allowance and usage the Ecclesiastical Court held Plea of Tithes Obventions Oblations Mortuaries Redemptions of Penance laying of violent hands upon a Clerk Defamations c. Yet did not the Clergy think themselves assured nor quiet from Prohibitions Purchased by Subjects until Ed. 2. by his Letters Partents under the Broad Seal in and by consent of Parliament upon Petition of the Clergy had granted unto them to have Jurisdiction in those cases The King in Parliament holden in the ninth year of his Reign after particular answers made to those Petitions concerning the matters abovesaid does grant and give his Royal assent in these words We desiring as much as of right we may to provide for the state of the Cap. 2. Church of England and the tranquility of the Prelates of the said Clergy to the honour of God and the amendment of the state of the said Church and of the Prelates and Clergy ratifying and approving all and singular the said answers which appears in the said Act and all and singular things in the said answers contained we do for us and our heirs grant and command that the same be inviolably kept for ever Willing and granting for us and our heirs that the said Prelates and Clergy and successors for ever do exercise Ecclesiastical Jurisdiction in the premises according to the tenor of the said answer A Satute of the Clergy made Anno 18. Ed. 3. Anno Dom. 1344. Bigamy shall be tryed by the Ordinary and not by Inquest Item If any Clerk be arraigned before our Justices at our Suit or the Suit of the party and the Clerk holdeth him to his Clergy alleadging that he ought not before them thereupon to answer and if any man for us or for the same party will suggest that he hath married two Wives or one Widow that upon the same the Justices shall not have cognizance or power to try the Bigamy by Inquest or in other manner but it shall be sent to the Spiritual Court as hath been done in times past in case of Bastardy and till the Certificate be made by the Ordinary the party in whom the Bigamy is alleadged by the words aforesaid or in other manner shall abide in prison unless he be mainpernable Item If Prelates Clerks beneficed or Religious people which have Cap. 3. purchased Lands and the same have put to Mortmain be impeached upon the same before our Justices and they shew our Charter of Licence and Proces thereupon made by an Inquest of ad quod Damnum or of our Grace or by Fine they shall be freely let in peace without being further Impeached for the same Purchase and in case they cannot sufficiently shew that they have entred by due Proces after Licence to them granted in general or in special that they shall be well received to make a convenient Fine for the same and that the inquiry of this Article shall wholly cease according to the accord comprized in this Parliament Item That the Statues touching the Purveiances of us and our son made in times past by us and our Progenitors for the people of holy 4. Church be holden in all parts And that in the Commissions to be made upon such Purveiances the Fees of holy Church shall be excepted in every place where they be found Item That no Prohibition shall be awarded out of the Chancery but 5. in case where we have the cognizance and of right ought to have
Item Whereas Commissions be newly made to divers Justices that 6. they shall make enquiries upon Judges of the holy Church whether they made just proces or excessive in Causes Testimentary or other which notoriously pertaineth to the cognizance of holy Church the said Justices have enquired and caused to be Indicted Judges of the holy Church in blemishing of the Franchise of the holy Church That such Commissions be repealed and from henceforth defended saving the Article in Eyre such as ought to be No Scire facias shall be awarded against a Clerk for Tythes Item Whereas Writs of Scire facias have been granted to warn Prelates 7. Religious and other Clerks to answer Dismes in our Chancery and to shew if they have any thing or can any thing say wherefore such Dismes ought not to be restored to the said Demandants and to answer as well to us as to the party to such Dismes That such Writs from henceforth be not granted and that the proces hanging upon such Writs be annulled and repealed and that the parties be dismissed from the Secular Judges of such manner of Pleas saving to us our right such as we and our ancestors have had and were wont to have of reason In witness whereof at the request of the said Prelates to these present Letters we have set our Seal Dated at London this 8th of July the year of our Reign of England 18. of France the 5th In the Reign of Ed. 3. 16 Ed. 3. tit Excom 4. An Excommunication by the Archbishop albeit it be disannulled by the Pope or his Legats is to be allowed neither ought the Judges to give any allowance of any such sentence of the Pope or his Legat. It is often resolved that all the Bishopricks within England were founded In the Reign of Ed. 3. by the Kings Progenitors and therefore the Advousons of them all belong to the King and at first they were Donative and if that any incumbent of any Church with cure die if the Patron present not within six moneths the Bishop of that Dioces ought to collate to the end the Cure may not be destitute of a Pastor if he be negligent by the space of six moneths the Metropolitan of that Dioces shall confer one to that Church and if he also leave the Church destitute by the space of six moneths then the common Law gives to the King as Supream within his own Kingdom and not to the Bishop of Rome power to provide a competent Pastor for that Church The King may not onely exempt any Ecclesiastical person from the Jurisdiction 17 Ed. 3. 23. of the Ordinary but may grant him Episcopal Jurisdiction And thus it appears there the King had done of antient time to the Arch-Deacon of Richmond This resolution is not grounded upon any Custom or Law but onely upon a particular fact of a King à facto ad jus non valet argumentum All Religious or Ecclesiastical Houses whereof the King was Founder are by the King exempt from Ordinary Jurisdiction and onely visitable and 20 E. 3. Excom 9. 19. Ed. 3. corrigible by the Kings Ecclesiastical Commission This resolution too is onely grounded upon matter of Fact and what man will warrant all the Facts of Kings not to be repugnant to the Laws of God and man Yet shall not these men in other things of much less moment allow the Kings Proclamations to be Legal nor any thing less then the Commons Law or Acts of Parliament The Abbot of Bury was exempted from Episcopal jurisdiction by the Kings Charter This is nothing neither but matter of Fact 20 Ed. 3. tit Excom 6. The King presenteth to a Benefice and his presentee was disturbed by one who had obtained Bulls from Rome for which offence he was condemned 21 Ed. 3. 40. fol. 40. to perpetual imprisonment c. Tythes arising out of any parish the King shall have for that he having the Supream Ecclesiastical jurisdiction is bound to provide a sufficient Pastor 22 Ed. 3. l. 1. Ass pl. 75. that shall have the cure of souls of that place which is not within any parish And by the common Laws of England it is evident that no man unless he be Ecclesiastical or have Ecclesiastical jurisdiction can have inheritance of Tithes The King shall present to his free chappels in default of the Dean by 27 Ed. 3. fol. 84. lapsin respect of his supream Ecclesiastical jurisdiction And Fitz Herbert saith that the King in that case does present by laps as Ordinary Fitz nat Br. 34. Au Excommunication under the Popes Bull is of no force to disable any man within England and no suit for any cause though spiritually rising in 30 Ed. 3. lib. Ass pl. 19 c. this Realm ought to be determined in the court of Rome In an Attachment upon a Prohibition the Popes Bull of Excommunication of the plaintiff was adjudged insufficient 21 Ed. 3. tit Excom 6. 33 Ed. 3. tit Agel de Roy. 38 Ass pl. 20. Reges sacro Oleo uncti sunt Spiritualis jurisdictionis capaces A Prior which is the Kings Debtor and ought to have Tithes of another spiritual person may chuse either to sue for substraction of his Tithes in the Ecclesiastical court or in the Exchequer Fitz Herbert in his N. B. fol. 30. holceth that before the St. 18 Ed. 3. Cap. 7. the right of Tithes were determinable at the temporal courts at the election of the party And the courts of divers Manors of the Kings and other Lords in antient times had the probate of last Wills and Testaments and it appeareth by 11 H. 7. fol. 12. That the probate of Wills and Testaments did not appertain to the Ecclesiastical courts but that of late time they were determinable there The King by his Charter did translate Canons secular into regular and 38 Lib. Ass pl. 22. 46 Ed. 3. Proem 6. religious persons Nicholas Moris elected Abbot of Waltham which was exempt from ordinary Jurisdiction sent to Rome to be confirmed by the Pope who not having regard to the said Election gave to the said Nicholas the said Abby with all the said Spiritualities and Temporalities the Bull was adjudged against the Laws of England and the Abbot for obtaining the same was fallen into the Kings mercy whereupon all his Possessions were seised into the Kings hands Where the Abbot of Westminster had a Prior and Covent who were Regular 49 Ed. 3. lib. ass pl. 8. and mort in Law yet the King by his Charter did divide that Corporation and made the Prior and Covent a distinct and capable body to sue and be sued by themselves It was Enacted by the whole Parliament That as well they who obtained St. de 25 Ed. 3. de Provisoribus provisions from Rome as they that put them in execution should be out of the Kings Protection and that a man might do with them as enemies to the King c.
It was afterwards in open Parliament by grievous complaint of all the St. 25. Ed. 3. Commons of this Realm shewed that the grievances and mischiefs aforesaid did daily abound to the great damage and destruction of this Realm more then ever before viz. that of late the Bishop of Rome by procurement of Clerks and otherwise had reserved and did reserve daily to his collation generally and especially as well Archbishopricks Abbeys and Priories as all other dignities and other benefices of England which were of the Advowry of people of the holy Church and gave the same to Aliens as well as to Citizens and taketh of all such benefices the first fruits and many other profits and a great part of the treasure of this Realm was carried away and dispended out of the Realm by the Purchasers of such graces and also by such privy reservations many Clerks advanced by the true Patrons which peaceably holden their advancements by long time were suddenly put out Wherefore the said Commons did pray the said Soveraign the King that since the right of the Crown of England and the Law of the said Realm was such that upon mischiefs and damages which hapned to this Realm he ought and was bound of the accord of his people therefore to provide remedy and Law c. The said King Ed. 3. seeing the mischiefs and damage aforesaid c. and forasmuch as he was bound by his Oath to see the same to be kept as a Law of this Realm though that by sufferance and negligence it had been sithence attempted to the contrary also having regard to the grievous complaints made to him by his people in divers his Parliaments holden heretofore willing to ordain remedy for the great damage and mischiefs which had hapned and daily did happen to the Church of England by the said cause by the assent of all the great men and the commonalty of the said Realm to the honor of God and profit of the said Church of England and of his Realm did order and establish that the free election of all Archbishops Bishops and all other dignities and benefices electory in England should hold from henceforth in the manner as they were granted by the Kings progenitors and founded by the ancestors of other Lords and that all Prelates and other people of the holy Church which had Advowsons of any benefices of the Kings gift or of any of his progenitors or of other Lords and Donors to do divine service and other charges thereof ordained should have their collations and presentments freely as they were enfeoffed by their donors and in case that reservation collation or provision be made by the Court of Rome of any Archbishoprick Bishoprick Dignity or other Benefice in disturbance of the election collation or presentments aforesaid That at the time of the avoidance that such reservations collations and provisions ought to take effect the said Ed. 3. and his heirs should have and enjoy for the same time collations to the Archbishopricks and other dignities elective which is of his Avowry such as his Progenitors had before that free election was granted since that the elections were first granted by the Kings progenitors upon a certain form and condition as to demand license of the King to chuse and after the election to have his Royal assent and not in other manner which condition not kept the King ought by reason to resort to his first nature Upon complaint made by the great men and commons it was assented St. 27 Ed. 3. and accorded by the King great men and commons aforesaid that all the people of the Kings Allegiance of what condition that they be which shall draw any out of the Realm in plea whereof the conusance pertaineth to the Kings Court or of things whereof Judgement were given in the Kings Court or which did sue in any other Court to defeat or impeach the Judgments given in the Kings Court should incur the danger of a Premunire Made to confirm the Acts made the 25. and 27. years of the said Kings Reign but those that made those good Laws against such capital offenders St. 28 Ed. 3. Cap. 1. 2. 3. 4. were cursed defamed and reproved by such as maintained the usurped jurisdiction of the Church of Rome against which an especial Act of Parliament was made by the King and his whole Realm prohibiting thereby such defamations and reproofs In the Reign of Richard the second Against an Incumbent of the Church of England another sueth a provision 12 Rich. 2. tit Jurisdict 18. in the Court of Rome and there pursueth until he recovereth the Church against the Incumbent and afterward brought an action of account against him as receiver of divers sums of money which in troath were the oblations and offerings which the Incumbent had received and the whole Court was of opinion against the Plaintiff and thereupon he became nonsuit It is declared by that Parliament that the Crown of England hath been St. 16 R. 2. Cap. 5. so free at all times that it hath been in subjection to no Realm but immediately subject to God and none other and that the same ought not in any thing touching the Regality of the same Crown be to the Bishop of Rome nor the Laws and Statutes of this Realm by him frustrated or defeated at his will to the perpetual destruction of the King his Soveraignty Crown and Regality and of all his Realm And the Commons in that Parliament affirmed that the things attempted by the Bishop of Rome be declared against the Kings Crown and his Regality used and approved in the time of all his Progenitors In the Reign of H. 4. H. 4. fol. 9 It is resolved that the Popes Collector though he hath the Popes Bull to that purpose hath no jurisdiction within this Realm and there the Archbishops and Bishops c. of this Realm are called the Kings spiritual Judges By the ancient Laws Ecclesiastical of this Realm no man could be convicted of Heresie being high-Treason against the Almighty but by the Archbishop Fitz. nat B. 269. Candries Case and all the Clergy of that Province and after abjured thereupon and after that newly convicted and condemned by the Clergy of that Province in the general councel of the convocation but the St. of 2 H. 4. Ca. 15. doth give the Bishop of the Dioces power to condemn a Heretick and that before that Statute he could not be committed to the secular power to be burnt until he had once abjured and was again relapsed to thar or some other Heresie whereby it appeareth that the King by the consent of Parliament directed the proceedings in the Court Ecclesiastical in case of Heresie and other matters more Spiritual Well but suppose the King did so it proves nothing for it is but matter of Fact But it does not appear neither that this direction of the King by consent of Parliament did direct the proceedings in the
uniting to the Imperiall Crown of this Realm the ancient Jurisdiction Authorities Superiorities and Preheminencies to the same of right belonging and appertaining By reason whereof her most humble Subjects from the time of the 25 H. 8. were continually kept in good order and were disburdened of divers great and intollerable charges and vexations before that time unlawfully taken and exacted by such foreign Power and Authority as before that was usurped * And to the The Statute of 1 2 Ph. Ma. cap. 8. which restored to the Pope all which this Stat. takes away declares that nothing was done prejudiciall to the Crown in so doing intent that all usurped power Spirituall and Temporall might for ever be extinguished and never be used or obeyed in this Realm or any other her Majesties Dominions It was therefore by the Authority of that Parliament enacted That no forrein Prince Person Prelate State or Potentate Spirituall or Temporall should at any time after the last day of that Session of Parliament use enjoy or exercise any manner of Power Jurisdiction Authority Preheminence or Priviledge Spirituall or Ecclesiasticall within this Realm or within any other the Queens Dominions or Countries that then were or hereafter should be but from henceforth the same should be clearly abolished out of this Realm and all other her Dominions for ever And it was then also established and enacted That such Jurisdiction Priviledges Superiorities and Preheminences Spirituall and Ecclesiasticall as by any Spirituall and Ecclesiasticall Power or Authority had heretofore been or might lawfully be exercised or used for the visitation of Ecclesiasticall state and persons and for reformation order and correction of the same and of all manner of errors heresies schismes abuses offences contempts and enormities should for ever by authority of that Parliament be united and annexed to the Imperiall Crown of this Realm And that the Queen her Heirs and Successors Kings or Queens of this Realm should have full power and authority by virtue of that Act by Letters Patents under the Great Seal of England to assigne name and authorize when and as often as the Queen her Heirs and Successors shall think meet and convenient and for such and so long time as should please the Queen her heirs and successors such person or persons being naturall born Subjects to the Queen her heirs or successors as the said Queen her heirs or successors should think meet to exercise use occupy and execute under the said Queen her heirs and successors all manner of Jurisdictions Priviledges and Preheminences in any wise touching or concerning any Spirituall or Ecclesiasticall Jurisdiction within these Realms of England or Ireland or any other her Dominions and Countries and to visite reform redress order correct and amend all such errors heresies schismes abuses contempts and enormities whatsoever which by any manner spirituall or ecclesiasticall Power Authority or Jurisdiction could or might lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the encrease of virtue and conservation of the peace and unity of this Realm And that such person or persons so to be named assigned authorized and appointed by the said Queen her heirs and successors after the said Letters Patents to him or them made and delivered as is aforesaid should have full power and authority by virtue of that Act and of the Letters Patents under the said Queen her heirs and successors to exercise use and execute all the premisses according to the tenor and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding This Statute doth create the oath of Supremacy to be taken by all men who hold any Office or take from the Queen her heirs and successors any Fees or Wages within this Realm or other her Highnes Realms or Domiminions the form and tenor of it is I A. B. doe utterly testifie and declare in my conscience that the Queens Highness is the only supreme Governor of this Realm and all other her Highness Dominions and Countries as well in all Spirituall or Ecclesiasticall things or causes as Temporall and that no forrein Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiasticall or Spirituall within this Realm and therefore I doe utterly renounce and forsake all forrein Jurisdiction Powers Superiorities and Authorities and do promise that from henceforth I shall bear faith and true allegiance to the Queens Majesty her Heirs and lawfull Successors and to my power shall assist and defend all Jurisdictions Priviledges Preheminences and Authorities granted or belonging to the Queens Highness her Heirs and Successors or united and annexed to the Imperiall Crown of this Realm So help me God and the contents of this Book If any person dwelling or inhabiting within this Realm or any other of the Queens should within 30. dayes after the determination of the Session of that Parliament by Writing Printing Teaching c. maintain any forrein Power or Jurisdiction Ecclesiasticall or Spirituall or shall advisedly put in use any such forrein Power or Jurisdiction within any of her Highness Dominions he and his Aiders Abettors Counsellors c. shall forfeit to the Queen her Heirs and Successors all his goods and chattels as well reall as personall If any person so convict be not worth in Goods and Chattels the summe of 20 s. every such person upon conviction over and besides the forfeiture of his Goods and Chattels shall suffer imprisonment by the space of a whole year without Bail or Mainprise And that all and every the Benefices Prebends and other Ecclesiasticall promotions and dignities of every person spirituall so offending and being attaint shall be utterly void and the Patron and Donor may present as if the Incumbent were actually dead For the second offence the party offending shall incur the danger of a Premunire For the third offence after conviction and Attainder the party offending shall suffer death and forfeiture of all his Goods as in case of High Treason The offender must bee impeached for preaching teaching or speaking any thing against the Premisses within a yeere after such preaching teaching or speaking and if any person shall be imprisoned for preaching teaching or speaking against this Statute and if be not indicted within the space of one half yeer next after his offence that he be discharged and set at liberty No matter of Religion or cause Ecclesiasticall made by this Parliament shall be judged Error Heresie Schism or schismaticall opinion Such Persons as shall bee authorized by Letters Patents under the Broad-seale of England shall have jurisdiction power or authority spirituall to visite reform order or correct any errors heresies schisms abuses or enormities But by virtue of this Act they have not authority to determine or adjudge any thing to bee heresy but only such as heretofore have beene determined by Canonicall-Scripture or the 4 first generall Councells or any
of them or by any Generall Councell wherein the same was declared heresie by expresse and plaine words of Scripture or such as should be determined Heresie by the high Court of Parl. with the assent of the Clergy in their Convocation This Statute revives the 23 H. 8. 9. 24 H. 8. 12. 25 H. 8. 20. 25 H. 8. 21. 26 H. 8. 14. 28 H. 8. 16. So much of the Act of the 32 H. 8. 38. concerning precontracts of Marriages and touching degrees of Consanguinity as by the 2 Ed. 6. 23. was not repealed the 37 H. 8. 17. the 1 Ed. 6. 1. This Act repeales the Statute of the 1 2. Ph. M. 6. the 1 2 Ph. M. 8 except those things touching the Premunire in the said Statute It repeales the 5 R. 2. 5. the 2 H. 4. 15. the 2 H. 5. 7. made for the punishment of Heresies by fire and faggot This statute repeales the statute of the first of Mary and the 2 and revives Stat. 1 Eliz. cap. 2. the statute of the 5 6 of Ed. 6. for the uniformity of Prayer and administration of the Sacraments with the alteration or addition of certain Lessons to be used every Sunday of the yeere and the forme of the Letany altered and corrected and two sentences only added in the delivery of the Sacrament to the Communicants If any Parson Vicar or other whatsoever Minister that ought or should say or sing Common-Prayer mentioned in the said Booke in such Cathedrall or Parish-Church or other places where he should Minister the same in such manner and forme as is mentioned in the said Booke refuse to doe the same or use any other forme or shall preach declare or speake any thing in derogation of the said booke or any thing therein contained or any part thereof and shall thereof be lawfully convicted according to the Lawes of the Land by the Verdict of 12 men or confession or notorious evidence of the fact shall forfeit to the Queene c. for the first offence the profits of one whole yeere next after such conviction of all his spirituall Benefices and suffer imprisonment for the space of six moneths without Bayle or Mainprize If any such person once convicted concerning the Premisses shall after such conviction offend and be thereof lawfully convict shall suffer imprisonment for the space of one whole year and be deprived ipso facto of all his spirituall promotions and that it shall be lawfull for all Patrons and Donors of such Spirituall promotions to present or collate to the same as if the person or persons so offending were dead If any person be convicted the third time of the premisses he shall ipso facto be deprived of all his spirituall promotions and shall suffer imprisonment during life Any person that shall offend and be convicted inform aforesaid concerning any of the premisses not being beneficiall or having any spirituall promotion shall for the first offence after such conviction suffer imprisonment for the space of one whole year without Bail or Mainprise and for the second offence after lawfull conviction shall suffer imprisonment during life If any person shall doe or speak any thing in derogation of the book of Common-prayer or disturb or interrupt any Parson Vicar or other Minister in any Cathedrall or Parshi Church or Chappel in the celebration of the Common-prayer or ministration of the Sacraments or shall compell or cause any other Service to be celebrated being thereof lawfully convict shall for the first offence forfeit to the Queen c. the summe of one hundred Marks and for the second offence the summe of four hundred Marks and for the third offence he shall forfeit all his Goods and Chattels and suffer imprisonment during life If any person shall for the first offence be convict of the premisses in form aforesaid and shall not pay the sum to be paid by virtue of his conviction that instead thereof he shall suffer imprisonment for the space of 6. moneths without Bail or Mainprise and he that shall not pay for the second conviction shal suffer imprisonment for the space of 12. moneths without Bail or Mainprise Every person shall having no lawfull or reasonable excuse to be absent diligently and faithfully endeavour to resort to the usuall places where Common-prayer and such Service of God shall be used upon Sundayes and other dayes appointed to be kept holy and there abide orderly and soberly during the time of Common-prayer Preaching and other Service of God upon pain of punishment by censures of the Church and twelve pence to be levied by the Church-wardens to those of the poor of the Parish by way of distress The Ordinaries and all other Officers Ecclesiasticall as well in places exempt as not exempt within their Diocess have power and authority by this Act to correct and reform and punish by Church censures all who shall offend within their Jurisdictions The Justices of Oyer and Determiner or Justices of Assise in open and generall Sessions have power to hear determine and punish these offences yet so that every Arch-bishop and Bishop in their severall Diocesses by virtue of this Act may associate or joyn themselves with the said Justices No person shall be molested for any offences abovesaid unlesse he be indicted at the next generall Sessions next after such offences are committed All Lords of Parliament for their third offence shall be tried by their Peers Chiefe Officers of Cities and Boroughs have the like authority to hear and determine the offences aforesaid as the Justices of Assize and Oyer and Determiner have Arch-Bishops Bishops their Chancellors Commissaries Arch-Deacons and other Ordinaries having any peculiar Ecclesiasticall Jurisdiction have by virtue of this Act power in their Visitations Synods and elsewhere within their Jurisdictions to enquire and take the accusations and informations of all the offences aforesaid and to punish the same by Admonition Excommunication Sequestration or Deprivation and other censures in like form as heretofore has been used by the Queens Ecclesiasticall Laws Any person offending in the premisses and punished therefore by the Ordinary having a testimoniall thereof under the Ordinaries Seal shall not for the same offence be convicted before the Justices and likewise punished for the first offence by the Justices he shall not again receive punishment of the Ordinary Such Ornaments of the Church and of the Ministers shall be reteined Anno 5 Eliz. cap. 1. and be in use as was in this Church of England by authority of Parliament in the 2 year of the Reign of Ed. 6. untill other Order shall be taken by authority of the Queen with the advice of the Commissioners appointed and authorised under the Great Seal of England for causes Ecclesiasticall or of the Metropolitan of the Realm It was enacted That whatsoever person inhabiting in the Queens Dominions who by word or deed should maintain that the Bishop of Rome had any authority or jurisdiction in any of the
shall incur any forfeiture or losse for travelling or making appearance accordingly Every person so restrained as aforesaid shall be bound to yeeld their bodies to the Sherif of the County upon Proclamation in that behalfe made nor shall incurre any penalty for so doing If any person which shall offend against this Act shall before he be thereof convict come to some parish Church on some Sunday or Festivall day and then heare divine Service and at Service time or at the reading of the Gospell make open submission and declaration of his conformity to the Queenes Lawes as hereafter is declared that then every such offendor shall be cleerly discharged The forme of the submission is I A. B. doe humbly confesse and acknowledge That I have grievously offended God in contemning her Majesties godly and lawfull government and authority by absenting my selfe from Church and from hearing Divine Service contrary to the godly Lawes and Statutes of this Realm and am heartily sory for the same and doe acknowledg and testifie in my Conscience That the Bishop or See of Rome hath not or ought to have any power or authority over her Majesty or within any of her Majesties Dominions or Realmes And I do promise and Protest without dissimulation or any colour or meanes of dispensation That from henceforth I will from time to time obey and performe her Majesties Lawes and Statutes in repairing to Church and hearing Divine Service and doe my utmost endeavor to maintain and defend the same The Minister or Curate of every parish where such submission shall bee made shall presently cause the same to be entred into a booke to be kept in every Parish for that purpose and within ten dayes after shall certifie the same to the Bishop of the Diocess Every offendor that shall after such submission relapse and become Recusant in not repairing to Church to heare Divine service as aforesaid shall lose all benefit he might have enjoyed by such submission Every woman married shall be bound by every article branch and matter contained in this Act other then the branch or article of abjuration nor shall any woman married be compelled to make abjuration Of the Reformation made by Queen Elizabeth QUeen Mary dying upon the 17. Novemb. 1558. the same day both The Pope did reject the Queen before the Queen rejected the Pope Houses of Parliament without any contradiction did acknowledge and receive Elizabeth to be the true and undoubted Heir to the Crown of England and without delay with sound of Trumpet dissolved the Parliament for that being called by Queen Mary could have no being or continue after her death The Queen caused an account to be given of her assumption to the Pope who was Paulus Quartus with letters of Credence to Sir Edward Cerne who was Ambassador to her Sister and not departed from Rome But the Pope was so far from acknowledging her that he answered that that Kingdome viz. of England was held in Fee of the Apostolick See that she could not succeed being illegitimate that he could not contradict the Declaration of Clement the Seventh and Paul the Third that it was a great boldness to assume the name of Government without him that for this she deserved not to be heard in any thing yet being desirous to shew a fatherly affection if she will renounce her pretensions and refer her self wholly to his free disposition he will doe whatsoever may be done in the honor of the Apostolick See * And afterwards he commanded Sir Edward Hist conc Trint 411. Cerne who had continued Ambassador at Rome for Henry the Eighth Queen Mary and then for Queen Elizabeth to lay down his office of Ambassador that I may use his own very words sayes the Author by force of a Mandat made by Lively voice from the Oracle of our most Holy Lord the Pope by virtue of holy obedience and under pain of the greater Excommunication and also of losse of all his goods that he should not depart out of the City but undertake the Government of an Hospitall of the English * It is true Indeed that Pius 4. a man of much more moderate disposition Camb. Eliz. Keg Pag. 28. then his Predecessor did in the year 1560. by Letters sent by Vineentius Parpalia Abbot of St. Saviours to her full of humanity not only acknowledge her Queen of England and invited her to return into the bosome of the Church but also as the report went promised to recall the sentence pronounced against her Mothers Marriages as unjust to confirme the book of Comon-prayer in English by his authority and to permit the use of the Sacrament in both kinds to the People of England in case she will joyn her self to the Church of Rome and acknowledge the Primary of the Roman See * And afterwards in the year 1561. in Letters full of affection by Abbot Camb. Eliz. Reg. 58. 59. Martinego he invited her to the Councell of Trint Camb. Eliz. Reg. 68. 69. but matters were so far thrust off the hinges that not only Parpalia returned without any fruit but Martinego was denied access into England Not only the Arch-bishop of York but all the other Bishops except The Bishops except Carlile refuse to crown her Carlile did refuse to Crown the Queen both because she had been instructed in the Protestant Religion and because she had forbidden the Archbishop of York a little before he was to celebrate Divine service to elevate the Host for adoration and had suffered the Letany with the Epistles and Gospel to be used in the popular tongue It is no wonder therefore if the Parliament which happened immediately after and the Commons especially who once usually swayed only by passion and affection and much averse from the Religion of the Church of Rome did endue the Queen with such plentifull power as to make her supreme Governor the title of Head was waved in all causes as well Spirituall as Temporall This power the Queen well understanding what advantage would be How far the Queen did declare her Power in Ecclesiasticall matters made thereof by her adversaries did by Proclamation and after by her Injunctions declare that she took nothing upon her more then what anciently of right be longed to the Crown of England to wit that she had supreme power and jurisdiction under God over all sorts of people within the Kingdome of England whether they be Ecclesiasticall or Lay persons and that no forrein Power hath or ought to have any jurisdiction or authority over them Camb. Eliz. Reg. 39. 40. In the 37. Article of the Church of England she declares We give to How far the Church of England declares the Prerogative of Princes Our Princes that Prerogative which we see in holy Scripture alwayes given to all godly Princes by God himself to rule all estates and degrees of men committed to their charge by God whether they be Ecclesiasticall or Temporall and to restrain