Selected quad for the lemma: cause_n
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A30679
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Advice to the Commons within all His Majesties realms and dominions written by Jacob Bury, Esq. ... ; containing the perfect harmony, consent and agreement between divinity and law, in defence of the government established by law in church and state, and that kingly government is by divine right.
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Bury, Jacob.
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1685
(1685)
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Wing B6212; ESTC R6090
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62,727
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80
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resist shall receive to themselves Damnation Rom. 13.2 I pitty them therefore and wish charitably their convertion I do not Condemn yet can do no less than shew them their Peril Ignorance of the Law excuseth not but it be invincible that is to say they have done that in them is to know the truth as to counsel with Learned Men and to ask them what the Law is in that behalf and if they answer them that they may do this or that Lawfully however they may thereby be excused in Conscience yet in Mans Law saith St. Jermin Dr. and Stud. 46. a. they are not thereby discharged but they that have taken upon them to have knowledg of the Law be not excuse by ignorance of the Law nay no more are they that have a Willful Ignorance and that would rather be Ignorant than to know the Truth and therefore will not dispose themselves to be informed or to ask any Counsel in it and if it be a thing that is against the Law of God or the Law of reason as the matter of Obedience to the Magistrate Supream and Subordinate is no Man shall be excused by Ignorance And the same Author Fol. 146 148. saith that Ignorance in the Law though it be invincible doth not excuse as to the Law for every Man is bound at his Peril to take knowledg what the Law of the Realm is as well the Law made by Statute as by the Common Law giving for reason that there is no Statute made in this Realm but by the Assent of the Lords Spiritual and Temporal and of all the Commons that is to say by the Knights of the Shire Citizens and Burgesses that be choson by Assent of Commons and every Statute there made is of as strong Effect in the Law as if all the Commons were there present personally at the making thereof and so since all were makers of the Statute the Law presumeth that all have knowledg of that that they make and are bound at their Perils to take knowledge of the Statute that they make and so be all that come after them And Mr. Plowden Fol. 343. a. saith that Ignorance of the Law is not to be presumed to be in a Subject and that therefore Ignorance of the Law shall excuse none Therefore let all of the Sects aforesaid who through Curiosity affectation of Novelties want of better Education in their Youths or that they will not yet suffer themselves to be weaned from the good Old Cause as it was called in the late times of Rebellion let them all make hast to come over and joyn with us in the same way and Worship of God and let them be more careful how they are for the future Factious stirrers of Sedition and disturbers of the Publick Peace All of all sorts have had ample proof of his late Sacred Majesties gracious Favour Mercy and Amnesty since his coming yet some good Old Cause Men none will deny but Walcot and Rumbald were such and others of Wicked and Traiterous principles lately contrived and Plotted Barbarously to Murder his late Gracious Majesty and his dear Royal Brother since our Lord the King and then the most Illustrious P. J. D. of York and instead of the best Government in the whole Christian World to have introduced a Hexarchy or a Government by Six whether joyntly or separately is not much material to enquire All persons in general within the Three Kingdoms are infinitely bound to praise God for the preservation of the Lives of his late Sacred Majesty and his dear Royal Brother our Soveraign Lord and for the timely discovery of their Wicked and Hellish designs and Machinations that threatned not only the alteration of the Government in Church and State but also then was by designed and forethought malice purposed and intended the expence of the Royal and all Loyal Blood And God give us all Grace to be thankful some only that were to have been the Malitious Authors and instigators of its Effusion have therefore suffered according to Law and their Wicked and Willful Obstinacy hath been corrected by the Magistrate and by Gods great Goodness and infinite Mercy his late Sacred Majesty his dear Royal Brother now King James the Second and the publick Peace of all the Three Kingdoms are preserved in peace and safety and under his Sacred Majesty as under a goodly Cedar Tree of full growth irremovable not to be otherwise or other where set planted or supplanted all his Subjects sit secure and are protected CHAP. XII Sheweth that all Subjects owe true Ligeance to their Soveraign though they never were or ever shall be Sworn to the same and is shewed the diversity between Enemies and Rebels then all are advised from Rebellion and is shewed that the King hath no Peer and therefore cannot be judged by his Subjects for his Actions ILlaesa sit Majestas Regis let the Majesty of our King hereafter be free from all hurt and injury either in our thoughts words or deeds And since you have heard not only cui sed quomodo debetur Ligeantia not only to whom but also in what manner your Ligeance is due unto the Natural Body of our Lord the King which is always at all times and in all places accompanied with the Body Politick and cannot be disjoyned or separated from the same you are likewise to understand that this Ligeance doth not begin by the Oath in the Leet or elsewhere and that the Swearing in the Leet or elsewhere maketh no denization For all Subjects owe true Ligeance to their Soveraign though they never yet were nor ever shall be Sworn in the Leet only that the King may have an account of his Peoples Frank pledg for their due Obedience and Subjection within the Precinct of every Leet the Municipal Laws of this Realm have prescribed the Order and Form of this Oath of Allegiance to be administred at or in the Leet All Subjects are Born under this Natural Ligeance Aliens and Strangers only are properly said to be amici or inimici to be in League with us or to be Enemies to us Hostes sunt qui nobis vel quibus nos bella decernimus ceteri proditores praedones c. They are Enemies against whom our King Proclaimeth War or who Proclaim War against our King all others are Traitors Rebells Thieves and Robbers A Rebel is to be Indicted but an Enemy is to be put to death by Marshal-Law Now as outward Peace is a great Blessing yet is it as far inferior to Peace within as Civil Wars are more cruel and unnatural than Wars abroad for avoidance whereof let all in general refuse so much as to harbour in their thoughts that detestable and long since exploded opinion that levying of War against the Command of the King though his person be present is no levying of War against the King but the levying of War against his Politick Person and Laws that is the only levying War against the King Admit
their own Wills and Pleasures There is no Government more resembling Heaven or more durable on Earth or that hath any certain principles but Monarchy and such a Monarchy that hath an actual visible military strength to support it self not only to protect the Good and Loyal but also to awe the Bad and Rebellious People The King represents God the Houses of Parliament the People And as in some sort is expressed before the King by his Writ gives the very essence and form to his Parliament being the production of his breath therefore Priviledges which are the consequences of the Form must necessarily flow from him Now would you know how to Elect Men Fearing God Honouring the King and such as will not meddle with those that are given to change Know aâ—d take notice that true Religion is the well tempered Mortar that buildeth up all Estates that there can be no true Religion where the word of God is wanting or not duly observed I have proved from and made it plain to you that the word of God condemneth and prohibiteth all mutinous Rebellious Actions whatsoever against the Magistrate either Supream or Subordinate And because there can be no surer sign of the ruine of a Kingdom than the contempt of Religion My Advice is to all that they would Conform but as to such that will not Conform nor be Reformed nor advised to joyn with us in the way Established by Law for the Service and Worship of God because they are either stubborn obstinate or wise in their own conceits and will not be informed such as these that are Dissenters from us in the better half of the Government that is to say in the Government of the Church I pray that as they absent themselves from us in the Divine Service and Worship of God so they would be pleased to absent and separate themselves from the publick meetings in their several Counties for the Choosing and Electing of Members to sit in Parliament for the future for as the Vessel savoureth of the same Liquor wherewith it was first seasoned so it is to be feared the mind of these Dissenters still retaineth those very qualities in their Elder Age wherein it was trained up in Youth However by their absence their misguided Consciences will be clear and the more Loyal and conformable Subjects by their so doing will be less offended and disturbed in their choise and Election of such as themselves that may better Comply than heretofore they did with his late Sacred Majesty in making and constituting such wholesome Laws and Provisions as may make for the security and preservation of our Protestant Religion which is confirmed by Scripture and History of Ancient Fathers in the Primitive Church to be agreeing in Doctrine and Discipline with the truly Ancient Catholick and Apostolick Christian Religion and Profession as it is now Established by Law in the Church of England CHAP. XIX Sheweth that the King of England is and always hath been Supream Head of the Church not the Pope FOR we are to know and understand that the King of England is in all Causes as well Ecclesiastical as Temporal within these his Majesties Realms and Dominions Supream Head and Governour By the Ancient Law of the Realm the King hath power to visit reform and correct all Abuses and Enormities in the Church and by the Statutes made in the time of King Henry the Eighth the Crown was but remitted and restored to its Ancient jurisdiction which was Usurped by the Bishop of Rome Reges sacro oleo uncti spiritualis jurisdictionis sunt capaces Kings Anointed with Holy Oyl are capable of Spiritual Jurisdiction And 10. H. 7. 18. Rex est persona mixta cum sacerdote the King is said to be a Person mixt or participating with the Priest in the Priesthood Also the King shall have Tythes by the Common Law of which no Lay Person can be capable And the King by himself or by his Commissioners shall visit his free Chappels and Hospitals And by the Cannon Law Omnes Reges dicuntur Clerici and another Text thereof saith quod causa Spiritualis committi potest Principi laico All Kings are said to be Clarks and that however a Spiritual Cause may be determined by a Lay Prince as may be seen in Davyes rep 4. a. And although the proceedings in the Ecclesiastical Courts be in the Name of the Bishop yet they are the Courts and Law of the King as the Leet though it be holden in the Name of the Lord of the Manour yet it is the Court of the King C. 5. 1. part 39. b. The Canonists ascribe to the Pope Prerogative as to the Interpretation of Laws and granting of Dispensations but the jurisdiction that the Pope by Colour thereof claimed in England was a meer Usurpation to which the Kings of England as I shall presently shew you from time to time made opposition even to the time of King Henry the Eighth And the King of England not the Pope before the making the Statute of Faculties might de jure of right dispence with the Ecclesiastical Law for though that many of our Ecclesiastical were first devised in the Court of Rome yet being established and confirmed in this Realm by acceptance and usage they are now become English Laws and are no more to be reputed Romish Cannons and they are to be observed as the Laws of the Kingdom of England and not to be esteemed or reputed as Rules of the Pope Davyes rep 71 72. And the King is Supream Patron as King and not as in respect of the Supream Jurisdiction that the Realm by the Statute hath acknowledged in him Therefore a Resignation to the King of a Deanry is as good as if it had been made to the Bishop because that by the Common Law he is the Supream Head of the Church of England and the Deanry is void by it And the King shall be made privy and shall give his consent to every Appropriation where the Church is of the Patronage of another as well as where it is of his own Patronage Plowd 498 499. And it appeareth by Doctor and Student 124 125. That the Law hath appointed Six Months unto the Patron to present his Clark unto the Bishop but if the Patron do not present his Clark unto the Bishop within Six Months next after the Church shall become void then shall the Lapse incur to the Bishop and he shall present for the default of the Patron a Clark of his own choosing and his presentation is called Collation and if the Bishop or Ordinary surcease his time and shall not Collate within the Six Months then shall the Metropolitan the Archbishop of the Province Collate his Clark and if he do not Collate within other Six Months then shall the Kings Majesty not the Pope as Supream Ordinary of all the Benefices in England present his Clark to the Church And all the Archbishopricks and Bishopricks within the Realm of England are