to God That is Plough-alms fifteen nights after Easter the Tithes of young living creatures at Whitsuntide and the Tithes of the Fruits of the earth at the feast of All Saints But if any one will not pay his Tithes after the manner aforesaid viz. of the tenth acre of Plough-land then let the Kings Sheriff the Bishop the Lord of the Soil and the Priest of the Church meet and no thank to him restore the tenth part to the Church to which it was due and leave the ninth to him As concerning the other eight parts let the Lord of the Soil have one half and the Bishop the other be he the Kings man or any Nobleman's Of Peter-pence 9. And the money due to Rome is to be paid upon the feast of S. Peter He who shall not pay it shall pay that penny to the Bishop and thirty pence beside and two hundred and twenty shillings to the King Of First-fruits 10. Let the First-fruits be paid at the feast of S. Martin and if a man shall forbear he shall give them elevenfold to the Bishop and two hundred and twenty shillings to the King Of the Tithes belonging to the Church of a Freeman 11. If a Freeman hath a Church upon his Demesnes which hath a Church-yard then it shall be in his power to confer upon his Church the third part of his Tithes But if there be no Burying place belonging to the Church then may the Lord of the Soil give the Priest so much of the nine other parts as shall seem good to him and let the Hearth money be first paid to the Church by every Freeman Of money for Lights 12. And let money be given to Lights thrice every year First upon the feast of Easter let one halfpenniworth of wax be imposed upon every Hide of land and so much again upon the famous feast of All Saints and the like to be done upon the feast of the Purification of S. Mary Of the money called Symbolum animae and of Burial 14. And it is meet that after a grave be opened the Burial-money be forthwith told out And if a man bury one dead out of the bounds of his parish yet shall the Burial-money notwithstanding be restored to the Church to which of right it did belong Of Gods right in observing Festivals and Fasts 15. And let every one defend all Gods right all he can Let him celebrate Festival and fasting-Fasting-days also Sunday keep a feast from Saturday noon to Munday light and let every man abstain from bodily labor Of Sunday 16. And we expresly forbid any Market to be kept or any Convention of the people to be made upon a Sunday unless there be urgent necessity And also let every man upon a Holiday abstain from hunting and all bodily labour Of Fasts 17. And we command that every man observe all these Fasts whether of the Ember-weeks or Lent or any other Fast with all godliness And to fast all the days of S. Mary and the feasts of all the Apostles but of Philip and James we command not to be kept Fast because of the Festivity of Easter And upon every Friday if it be not a Festival fast And let no man fast from Easter until Whitsuntide or from Christmas until the Octaba's of Epiphany unless he were willing or injoined by the Priest Of the times of Vacation 18. And we forbid the Ordal upon all Festivals Ember weeks and other right Fasting days and all Pleadings at Law from the feast of the Anniversary of the coming of our Lord until eight days after Epiphany and from Septuagesima until the fifteenth day after Easter And indeed the wise men have ordained that the Annual feasts of S. Edward and S. Dunstan be religiously observed of the Englishmen upon the 15. Kalends of April and 15. Kalends of June Let every Christian man upon these solemn feasts as is meet be peaceable and free from all fraud and malice And if any one did owe any thing to another whether in the nature of pledge or compensation let him either repay it before these days or soon after An Exhortation to Confession and Penance 19. And we command for Gods love that all Christian men understand those things which are necessary for the good of their souls For a time will come when we would rather have obeyed Gods will when we had time given us then to have enjoyed all the goods which all men enjoyed in the world Certainly a reward will be given to every one of us according to the deeds of every one Then woe be to the miserable which in their life deserved the eternal punishments of hell And therefore that we may diligently avoid our misdeeds let us ingenuously confess our sins and abstain from all wickedness for the future and duly compensate and command those Laws to others which shall not be grievous to obey This is right Judgment and with God acceptable and he is truly blessed which by rule shall judge For Almighty God the Creator of all things created us all and with an inestimable price redeemed us viz. with his own life poured out upon us An exhortation to the Eucharist and honest life Cap. 19. And let every Christian man do all those things which conduce to his health and be very careful of his Christendom And he which will do all things necessary for the good of his soul which all ought to do must understand that thrice at least every year he must prepare himself to receive the Eucharist and he who trusts that he shall be acceptable must rightly observe all his words and deeds and religiously keep his oath and faith given and do justice all he can in all parts of our Dominion and diligently follow Gods justice in word and deed So then at length all of us shall abundantly obtain Gods mercy Of Fealty to the Lord. 20. Further we will follow what we teach others always to be faithful to our Lord and defend his honor with all our might and obey his will For whatsoever we shall do to our Lord in right and vertue will be to our self a great ease For in this thing God the Creator of all things and Lord will be faithful to us It is therefore very meet that Lords govern their servants with reason To worship God from the heart and faith 21. And we greatly admonish all Christian men that inwardly from their heart they love God and that they stedfastly hold Christian religion and devoutly obey Gods teachers and diligently learn Gods law and contemplate it and often and much follow it to the profit of themselves That men throughly learn the Lords Prayer and Apostles Creed 22. And we teach that every Christian man so learn that at least he throughly understand the right Faith the Pater noster and Apostles Creed For with one of these every Christian man does pray to God and with the other profess a
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
suffet imprisonment for six moneths without bail or mainprize And for the second offence shall suffer a years imprisonment and be deprived of all his spiritual promotions and for the third offence shall suffer imprisonment during life It was Enacted that the Justices of Oyer and Terminer and Justices of Assize should have power and authority in the open and general Sessions to hear and determin the offences committed against this Act yet so that every Archbishop and Bishop had liberty to joyn and associate himself to the said Justices of Oyer and Terminer or to the Justices of Assize All books called Antiphoners Missals Grails Portuasses Primers in Latine An. 3. 4. Ed. 6. Cap. 10. or in English and other books used for service in the Church saving such as are set forth by the Kings Authority shall be clearly abolished All Images graven painted or carved taken out of any Church or Chappel and the aforesaid books shall be defaced or openly burnt Such form and manner of making and consecrating of Archbishops and Anno 3 4. Ed. 6. Cap. 12. Bishops Priests and Deacons and other Ministers of the Church as by six Prelates and six other men of this Realm learned in the Law of God by the King to be appointed and assigned or by most of the number of them shall be devised for that purpose and set forth under the Great Seal before the first of April next coming shall be lawfully exercised and used and none other An Act for uniformity of Prayer and administration of the Sacraments An. 5. 6. Ed. 6. Cap. 1. in the English Tongue and that every person upon every Sunday and Holiday having no lawful cause to be absent do resort to his Parish-Church and they which refuse are to be punished by the censure of the Church and that all persons who shall be at any other common prayer or Sacraments shall for the first offence suffer Imprisonment for six moneths without bail or mainprise for the second Imprisonment during a whole year and for the third Imprisonment during life All the Sundays of the year the Feast of our Lord Jesus his Circumcision of the Epiphany of the Purification of the blessed Virgin of St. Matthew An. 5. 6. Ed. 6. Cap. 2. the Apostle of the Annunciation of the blessed Virgin of St. Mark the Evangelist of St. Philip and Jacob the Apostles of the Ascension of our Lord Jesus Christ of the Nativity of St. John the Baptist of St. Peter the Apostle of St. James the Apostle of St. Barthelomew the Apostle of St. Matthew the Apostle of St. Michael the Archangel of St. Luke the Evangelist of St. Simon and Jude the Apostles of All Saints of St. Andrew the Apostle of St. Thomas the Apostle of the Nativity of our Lord of St. Stephen the Martyr of St. John the Evangelist of the holy Innocents Munday and Tuesday in Easter-week Munday and Tuesday in Whitson-week are to be observed and kept for Holy days and none other And that every even or day next going before any of the aforesaid days of the Feasts of the Nativity of our Lord of Easter of the Ascension of our Lord Pentecost of the Purification of the Annunciation of the blessed Virgin of all Saints and of all the Feasts of the Apostles other then the Feasts of St. John the Evangelist and Philip and Jacob shall be kept for fasting days and none other Archbishops Bishops in their Dioces and all other having Ecclesiastical or Spiritual Jurisdiction may enquire of every person offending in the premises and punish every offender by censures of the Church and enjoyn him such penance as by the spiritual Judge shall be thought meet This Statute does not abrogate abstinence from flesh in Lent and Fridays and Saturdays or any day appointed to be kept by vertue of an Act made the second and third Ed. 6. Cap. 19. When any Holy day happens on the Munday the fast of that day shall be kept upon the Saturday immediately before and not upon the Sunday A view of the Reformation of Ed. 6. and of the lawfulness of it That the Book of commom Prayer Administration of the Sacraments The Reformation made by Ed. 6. was not meerly a civil sanction and other rites and ceremonies of the Church after the use of the Church of England was framed and composed by the Archbishop of Canterbury and certain of the most learned and discreet Bishops of the Land assembled to that purpose by the King is clearly expressed in the Preface to the Act of the 2. 3. Ed. 6. Cap. 1. The right that Christian Kings have to call and assemble Synods It is no new thing for Kings to assemble the Bishops and Church to redress and reform errors Councels and Convocations for the redress and reformation of errors and corruptions in the Church is properly the subject of another Treatise but that the Kings and supream Powers before Christianity under the old Law from Moses to Maccabees did always use it and that the first great Nicene Councel the second general Councel at Constantinople the third at Ephesus the fourth at Calcedon the fifth at Constantinople the sixth at Constantinople the seventh at Ephesus were all called by Christian Emperors is manifested by the Bishop of Winchester Andrews in the Sermon of the Right and Power of calling Assemblies nor were the general Councels convoked by Emperors but the Emperors and Kings did convoke and assemble Provincial and National Assemblies and Synods He shews that the Bishop of Syracuse in Sicily and Restitutus Bishop of London in Britain were summoned to a Synod in France by the Emperor Constantine ' Writ onely this was in the beginning of his Reign in the latter end of it in the thirtieth year of his Reign and the year before his death he called the Councel at Tyre and from thence removed it to Jerusalem and from thence called them to appear before himself at Constantinople After him Constans called one at Sardis Valentinian at Lampsacus Theodosius at Aquileia Gratian at Thessalonica Nay when the Emperors were professed Arrians even then did the Bishops acknowledge their power to call Councels came to them being called sued to them that they might be called came to them as Hosius to that of Arimine Liberius to that of Sirmium and that of Seleucia sued for them as Liberius to Constantius as Leo to Theodosius for the second Ephesine Councel Innocentius to Arcadius and sometime they sped as Leo and sometime not as Liberius and Innocentius and yet when they sped not they held themselves quiet and never presumed to draw themselves together of their own heads After the Empire fell in pieces and the Western Empire fell into the hands of Kings in Italy Theodoric called one at Rome Alaric at Agatha In France Clowis the first Christian King there called one at Orleans Childebert at Auvern Theodebert called another at Orleans and Cherebert at Toures And
sing the 50. Psalm for the King and for all that will as he willeth and for all other who deserve well of him If a man accuse another of any crime let him make him recompence unless he did it upon * * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Procession-days and if he do so afterward let it be as before it was Ecclesiastical Laws made by King Edmund Who began to reign in the Year 940. EDmund the King in the Solemn Feast of Easter gathered to London a great company as well of Ecclesiasticks as of the People There was Oda and Wulstan Archbishops and many other Bishops that they might as well take care for the health of their own souls as for the souls of them committed to their charge Of the Man who hath vowed Chastity Cap. 1 First they who are entred into Religion and who should give Gods people an example of virtue to imitate according to their Order be they Men or Women let them live chaste But if they shall not do it then let the Canon punish them that is let them forfeit all they have in the world and if they mend not their manners not be buried in the Sanctuary Of Tythes and Church-scot Every Christian which shall not pay his Tythes his First-fruits and his Alms let him be accursed Of him who shall defloure a Nun or commit Adultery If a man shall carnally know a Nun let him be as if he had killed a man or be denied Burial in the Sanctuary and let the same Law be to him who commits Adultery Of Re-edifying the Church We will that every Bishop at his own costs shall repair the House of God and also minde the King that all Gods Houses be well adorned which thing is very behooful Of men Perjured and worshiping Heathen Gods They who are Perjured and offer Heathenish sacrifice shall be for ever shut out from things pertaining to God unless they soon repent and mend their manners Ecclesiastical Laws made by King Eadgar Who began to reign in the year of our Lord 959. THe Laws which Eadgar the King in a great Assembly ordained to the glory of God the ornament of himself and the profit of all his Nation First let the Church of God enjoy all its rights and immunities and let every man pay his Tythes to each Church to which he is subject whether it be of Plow-land or Inland of men of free condition or lands of Villains Of Church-tribute If a man of free condition hath a Church upon his freehold which hath a place of Burial belonging to it let him bestow one third part of his Tithes upon the Church but if there be no place of Burial about the Church let the Lord of the ground give to the Priest of the nine parts what he will And let the Church-tribute of every Church be paid out of the lands of all Freemen Of Tithes And let every one pay tithes of young living creatures before Pentecost and the tithes of the fruits of the earth before the * * Sure it is meant the Autumnal Equinox for no tithes can be renewed before the Vernal Equinox and Church-tribute at the feast of S. Martin If any one shall not pay let him incur the punishment expressed in the Doom-book And if any one shall not pay his tithes as we have set down then may the Kings Sheriff and the Bishop and the Mass-priest of the Church meet and take the tenth part due to the Church and return the ninth part back again to him without thanks as to the other eight parts let the Lord have one half the Bishop the other Let this be though he be the Kings man or of free condition Of the Hearth-penny And let the Hearth-penny be paid before the Feast of S. Peter and if it then be not paid let him carry that penny and thirty pence more to Rome and confirm by a certain Certificate in writing that he did detain it and let him pay over and above one hundred and twenty shillings to the King If afterward a man shall not pay it and carry the penny and thirty pence to Rome he shall pay two hundred shillings to the King but if he shall make default the third time he shall forfeit all he hath Of Festival and fasting-Fasting-days Let every Sunday be held a feasting-Feasting-day from noontide of Saturday until the twilight of Munday he which will not celebrate it let him undergo the penalty in the Judgment-book and other Feast-days shall be bidden and let all Fasting-days be held with all godliness Canons set forth under King Edgar THese things which follow belong to the Constitutions of King Edgar concerning the Manner of Life of Men ordained to Gods service 1. We teach that the Minister of God do zealously serve and minister to God and intercede to God for all Christian people and that every one of them be faithful and obedient to their Superiors and unanimous in common necessity affording help to one another before God and men and that they be firm and faithful to their Secular Lords 2. And we teach that every one give another honor and that the younger do religiously pay love and obedience to the elder and that the elder do diligently instruct the younger 3. And we teach that at every Synod every year be had Books and Vestiments agreeable to the service of God and Ink and Parchment to write their Constitutions and moreover a Three-days assembly 4. And we teach that every Priest coming to the Synod have his Clerk and man fed at his hand or faithful in service and none unknown or given to folly and let them all come together in the faith and love of God almighty 5. We also teach that if any ill happen to a Priest or any one do him wrong it be referred to the Synod and let all take it as offered to them all and bring help that reparation may be made according to the will of the Bishop 6. And we teach that the Priest make known to the Synod if any in his Parish be found contumacious against God or who does nourish any grievous sin and that he is not able or dares not produce him to amendment for fear of the world 7. And we teach that among Priests there be no strifes and wrangling nor let them be deferred to the Secular power but let them be composed among themselves or if need be put off to the Bishop 8. And we teach no Priest whether consecrate at Benedict shall forsake his Church at his own will but have it for his rightful wife 9. We also teach that no Priest meddle with those things which belong to another Priest whether in his Church or Parish or acquaintance or fraternity nor in any other thing belonging to him 10. And we teach that no Priest take away the Scholar of another not having first asked leave of him to whom he belonged 11. And we teach that every Priest diligently learn to increase the learning
least Liberty and that which in other men is termed Anger in them is called Pride and Tyranny Besides in private men it is enough that they themselves do well but Princes must have a care that neither they nor their Ministers do ill 6. Tibi soli peccavi says the Psalmist Psal 50. Humane Laws are the The Supreme power is not obliged by his own Laws organs or instruments of the Power that governeth they cannot therefore extend themselves to bind him from whom they are derived for Omnis potentia activa est principium transmutandi aliud Besides the Prince may free other men from the obligation of the Laws and therefore much more himself And if Supreme Princes were obliged by their own Laws then were Humane Laws as well as the Laws of Nature eternal and immutable which is absurd nor could Humane Laws protect Subjects when any thing happens which comes to pass every day that was not foreseen at the making of the Laws Humane Laws are made to oblige and preserve the governed necessitate coactionis but they cannot have any obligation upon Lawgiver who is the Supreme power unless a man will grant that an Effect may be prime and superior to the Cause Nor were ever other Governments subject to their own Laws No man hath any thing proper against the Supreme power 7. No Subject hath any Property except Ecclesiasticks but by the Laws of his Country But by the precedent Proposition no Supreme Prince can be obliged by his own Laws and therefore no Subject can have property against him If any Subject had property against the Supreme power then could not the Supreme power impose a Forfeiture of Goods in case of Praemunire Attaint Conviction of Treason or Felony But the Consequence is false and therefore the Antecedent is false That any man hath any property against the Supreme power Besides there could no Fine nor Fine and Recovery be levied or suffered if he in Reversion or Remainder had property against the Supreme power Nor could an Act of Parliament enable Tenant for life to make sale of his Estate It is remarkable that the Children of Israel should not be content to Annot. have God to reign over them immediately who did himself give them Laws being enquired of by the High-Priest Samuel might well say therefore unto them Ye shall cry in that day because of your King which not ye shall choose but which ye shall have chosen you and the Lord shall not hear you in that day 1 Sam. 8. 18. For Gods ways and actions are always perfect whereas by the reason of humane frailty the best mans actions are subject to imperfections But if it seems grievous to any man that he holds his goods at the will of another let him consider that God since Adam did never give any Nation but only the Children of Israel Property but always used the mediation of his Vicegerents And since Property must be derived from some Humane act for the Law of Nature gives none but to Supreme Princes and therefore the possessions of Kings are called Sacra patrimonia because Kings have no Superior but God Almighty Proedium Domini Regis est directum dominium cujus nullus Author est nisi Deus How Sir Ed. Co. Com. on Lit. p. 1. 6. much better is it for Subjects to hold of one Man then of many For nothing can be objected against one but will have more force against many And let any man shew me in these last five hundred years any Subjects estate taken from him without due and legal proceeding by the act of any of the Kings of England and I will shew him five hundred who not being liable to any punishment by Law have been ruined themselves and their families in seven years and that for observing the Laws and against the will of the King Obj. But many Actions have been brought against the King which if no Annot. 2. man hath Property against him may seem inconsistent Answ But the question here is not what the King may do but what he hath done Not what the King may declare Law but what he hath already declared Law 8. Majesty is from the Law of Nature immediately but the power Power of Magistrates from him of Magistrates is not so but mediately that is from him who hath the Supreme power Magistracie is the instrument or organ by which Majesty is conveyed to every place whither its own power is extended And as Majesty is restrained to the Laws of Nature and is accountable to God for all the omissions and transgressions of them so Magistrates are restrained to Humane Laws and ought to give an account of their actions to him that hath the Supreme power And as no man can offer violence or contempt to Humane Majesty but it is a contempt and violence to the Majesty of Heaven so no man can offer violence to or contemn Magistrates but it is done to Humane Majesty from whence their authority is derived Wherefore Subjects must submit to Governors who are sent by Kings 1 Pet. 2. 14. By this Proposition it is evident that although Supreme power cannot Annot. be divided yet the exercise of it may For where a King is an Enfant he cannot exercise his power who can neither act any thing nor expres what he would have done nay it is impossible for the best and wisest King that ever was to exercise his power every where for one body can be but in one place at once though the power thereof may be diffused every where as the light and influence of the Sun is diffused every where although the body of it can be but in one place And the exercise of power by Magistrates is like Gods governing the world by natural causes who being the first Mover of all things produceth natural effects by the order of second causes Jethro his counsel to Moses therefore is to be taken Thou wilt surely weare away both thou and this people that is with thee for this thing is too heavy for thee thou art not able to perform it thy self alone Exod. 18. 18. 9. Quando lex aliquid alicui concedit concedere videtur id sine quo res The Right of calling Assemblies belongs to Christian Kings ipsa esse non potest where any Law Divine or Humane does give any thing it gives all the means by which this otherwise could not be had And that God by the Law of Nature has given Kings a power to protect their Subjects we have sufficiently demonstrated but it is impossible Princes should protect and govern their Subjects if they might not rule their actions Now all actions and motions are either regular or irregular All regular motions and actions may be reduced to one certain beginning where the beginning is not one and certain there they may be called commotions or confusions rather then motions or regular actions But all Assemblies are motions and therefore they
those that are Deciners elswhere to enquire of the offences personal and of all the circumstances of offences done in those Hundreds of the wrong done by the Kings or Queens ministers and of the wrong done to the King and the Commonalty But this ought not to be done by Bondmen or Women but by the Oath of Twelve Freemen The County-Court which the Sheriffs hold from moneth to moneth County-court sec 9. or from five weeks to five weeks according to the greatness or largeness of the County Of Court-Barons and Hundred Courts Court-Baron c. sec 10. The other mean Courts are the Courts of every Lord of the Fee c. Pipowders sec 11. Courts of Pipowders And that from day to day speedy Justice be done to Strangers in Fairs and Markets as of Pipowders according to the Law of Merchants Court of Admiralty The King hath soveraign jurisdiction upon Admiralty sec 12. the Sea Courts of the Forrest The Kings Ministers of his Forrests have Courts-Forest see 13. power by authority of their office to swear men without the Kings Writ for safeguard of the peace and the Kings right and the common good c. He treats of the Professors of the Law as Counters who are Serjeants and Pleaders Of Attornies Of Ministers of Justice as Viscounts Coroners Escheators Bailiffs of Hundreds c. And also by the antient Kings Coroners were ordained in every County and Sheriffs to keep the Peace when the Earls were absent from their charges and Bailiff in lieu of the Hundredors c. Of the Prerogatives of the King as of Deodands Alienation to Aliens Teeasure found Wreck Waif Estray Chattels of Felons and Fugitives Honors Hundreds Soakes Gaoles Forrests chief Cities chief Ports of the Sea great Manors These held the first Kings as their right and of the residue of the Land did enfeoff the Earls Barons Knights Serjeants and others to hold of the King by Services provided and ordained for defence of the Realm It was ordained that the Knights Fee should come to the eldest by succession of heritage and that Socage Fee should be partable between the Male-children and that the Liege-Lords should have the Marriage He treateth in the first Chapter of Crimes and their divisions of the crime of Majesty of Fausonnery of Treason of Burning of Homicide of Felony of Burglary of Rape c. In the second of Actions of Judges of Actors c. In the third of Exceptions dilatory and peremptory that is Pleas to the Writ and in Bar c. of Trial by Juries and by Battel of Attaints of Challenges of Fines c. In the fourth of Judgments and therein of Jurisdiction of Process in criminal causes and in Actions real personal and mixt So as in this Mirror you may perfectly and truly discern the whole Body of the Common Laws of England Thus far Sir Edward Coke Mr. Lambert in his unfolding the difficult things and words in his translation of the Saxon Laws says King Alured when he had made a League with Guthrun the Dane having followed the most prudent counsel given by Jethro to Moses first divided England in Satrapias Centurias Decurias He called Satrapiam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies to divide He called Centuriam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Decuriam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a company of Ten men and by those names they are called to this day And that no man might be ignorant the Decuria did consist of Ten men whereof all of them were pledges that every one should be forth-coming to any Action in Law and if any one did any damage the other were bound to make it good and from hence the other nine were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Free-pledges we in the Pleas of Courts call them Francos plegios The tenth man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 called the Decurio or Tithingman by which name he is most known to the Eastern English at this day Others call him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 others call him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is the first or chief Surety or Pledge The Kentish men call him Borsholder corruptly for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is the first Surety Centuria or a Hundred was made up of ten Decuria's as one Hundred is made up of ten times ten This viz. Hundred the men beyond Trent called by another name not unknown to the common people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Wapentac Alured then further ordained That every man of free condition should be enrolled in some Hundred and be conjoined into some Ten-men company That of lesser businesses the Decurions or Court-Leet might judge and if any weightier matter were it should be deferred to the Hundred or County-Court Lastly that the Alderman and Sheriff I take it he calls them Senator Praepositus should compound the most difficult Suits and of greatest moment in that frequent Convention from all parts of the Shire or County And what the manner of judging was King Etheldred in the fourth Chapter of his Laws which he enacted in a full Senate or Parliament at Vanatnigum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Woodstock expounds almost in these very words In all and every Hundred let there be Assemblies and that Twelve elderly men of free condition together with the Sheriff Praeposito be sworne that they will not condemn the Innocent or absolve the Guilty So that Mr. Lambert seems to be of opinion that the Common-Law had its origination from King Alured or Alfred who was King of all England and a most victorious pious prudent and glorious Monarch about the year of our Lord 890. And from a most deplorable condition by reason of the Danish invasion and robbery reduced it to a most quiet calm and laid that foundation upon which the body of the Common-Law is since builded But whosoever was the first Founder and Establisher of them certain it is they were antient and Laws which better suit to the nature and disposition of English-men then any other that are or ever were in the world would do 2. As those general Usages or Customs which are generally observed Particular Usages are called the Common-Law so there are almost infinite particular Usages Prescriptions and Customs in several parts of this Nation which are observed as Laws by the Inhabitants of those places and to all intents and purposes have the effect of Laws 3. Statute-Laws are Acts of Parliament which are neither general Statute-Law nor particular Customs but are Laws made by the Kings of this Land in Parliament upon sundry and diverse occasions according to the then occasions as they represented themselves For although all innovations are dangerous and therefore if it were possible no doubt it were best that humane Laws as the Laws of Nature might be immutable and eternal but as God hath created all things transitory and nothing in this world the same the next
vero Regi prout ipsa feret facti ratio satisfacito aut graves sceleris admissi poenas rex ipse repetito Christiana siquidem fide imbuti regis est Deo illatas graviter pro facti ratione ulcisci injurias If any one entred into Holy Orders or one living with him be imposed upon or cheated in those things which belong to his estate or life then let the King himself unless he can procure it otherwise be to him in place of Patron and Kindred but the Cheator shall make the King satisfaction according to the valure of the fact or the King himself shall take great punishment of the wickedness committed for it is the part of a King endued with Christian religion severely to punish injuries according to the quality of the deed offered to God 10. For the proving of this Sir Edward Coke in the Proeme to the The antient Common-law did not admit of Appeals to Rome in cases Spiritual sixth Part of his Reports cites an Act of Parliament made 10 H. 2. an 1164. where it was enacted As concerning Appellations if any shall arise from the Archdeacon they must proceed to the Bishop from the Bishop to the Archbishop and if the Archbishop do fail in doing Justice it must lastly come to the King that by his precept the controversie may be ended in the Archbishops Court so that there ought not to be any proceeding further without the assent of the King And that this among many other might not taste of innovation the Record saith This recognition or record was made of a certain part of the customs and liberties of the Predecessors of the King to wit of Henry his Grandfather and of other Kings which ought to be observed in the Kingdom and held of all for the dissentions and discords often arising between the Clergy and our Soveraign Lord the Kings Justicers and the Peers of the Realm And all the Archbishops Bishops Abbots Priors Clergy with the Earls Barons and all the Nobles c. have sworne and assuredly promised in the word of mouth in one consent to keep and observe the said recognition toward the King and his heirs in good sooth without evil meaning for ever 11. The Revenue of Danegelt was first enacted because of Pyrates The Kings before the Conquest by their own authority did impose Taxes upon Church-lands For infesting the Country they did persist as much as they could to the devastation of it And to repress their insolence the yearly return of Danegelt was enacted viz. Twelve pence for every Hide of all the Country Mr. Selden in lib. 2. cap. 4. Analecton Anglobritannicon fol. 77. makes a Hide of land to be as much as could be tilled by one plough in a year Mr. Lambert in the Laws of King Edward fol. 128. makes a Hide to be one hundred acres of land to maintain them who should resist the irruption of the Pyrates when they met them But from the Danegelt every Church should be free and quiet and all land which was in the dominion of the Church wheresoever it lay paying nothing at all in such redemption for men did more confide in the prayers of the Church then in the defence of arms But if Lex vult non supervacaneum then is it clear that the Church-lands were liable to be taxed by the King for it had been a supervacaneous thing to have excepted the lands of the Church in this Law if the lands of the Church had not been liable to have been taxed at all And to manifest more clearly that the exemption of Church-land from Taxes was a meer concession of our Kings take the Stat. of Ethelulph the successor of Egbert written Analect Angl. lib. 2. cap. 4. pag. 77. with his own hand Our Lord reigning for ever Whilst that we see perillous times in our days the fire of war the taking away of our goods together with the cruel depredations of our destroying enemies and barbarous Pagan nations do lie upon us the multiplied tribulations do afflict us even to utter destruction Wherefore I Ethelulph King of the West-Saxons with the councel of the Bishops and my Princes giving wholsom councel and the only remedy have consented I have determined that every portion given to the holy Church whether of either Sex serving God or to miserable Lay-men always the tenth Mansion where it is least or the tenth part of all Goods be made for ever free that it be safe and defended from all secular services yea from the Kings greater or lesser tributes or the taxations which we call Winterden and that it be free of all things for the forgiveness of our souls and sins to serve God alone without Expedition building of Bridge and fortifying of Castle 12. If King Ethelbert were obliged to S. Gregory for the Conversion At what time the Pope first usurped jurisdiction over the Crown of England of the English Saxons to the Faith Prince Edgar Athelin was smally beholding to Pope Alexander 2. For Edgar being Grandson to Edmund Ironside and the undoubted Heir to the English Monarchy after the death of Edward the Confessor Alexander not only allows the Conquerors pretensions to the Crown of England but interdicts all those who should Speed fol. 405. par 27. See the effects of the Popes curse Speed fol. 415. par 2. oppose him So that though Harold were an Usurper yet was his Holiness his Interdiction as much against the undoubted Title of Edgar as against Harold Nor were all titles of rights and interests of the English Monarchy ever perfect and compleat from that time until they were all united and perfected in King James 13. How far the Britanick Churches were from any dependence upon At what time the first contest hapned between the King Pope about the investiture of Bishops the Church of Rome we have already shewed And so free were the Churches of England under the Saxon Kings before the Conquest that before the Appeal of Anselm Archbishop of Canterbury to Pope Paschal 2. scarce any Appeal was ever made to Rome but that of Wilfreds which was overruled by the King and Church So that for near a thousand years after the Conversion of the Britains and Saxons to the Faith although by means of S. Eleutherius and Gregory the Great we do not find any thing which may prove the superiority of the Roman Church over either the Britanick or English And how strange a thing the investiture of the English Bishops by the Pope was to the King and Kingdom of England appears by the Letter of Paschal to Anselm in answer to Anselm's Significasti Reges De Elect. Pet. cap. 4. Regni Majores admiratione promotos c. You have signified to me that Kings and Nobles were moved with admiration that the Pall was offered to you by our Ministers upon condition that you should take an Oath which they brought you written from us And the King not only opposed
this Popes Letter but pleaded the Fundamental Laws and Customs of the Land Consuetudo regni mei est à patre meo instituta ut nullius praeter licentiam Regis appelletur Papae qui consuetudines regni mei tollit potestatem quoque coronam Regis violat It is a Custom of my Kingdom instituted by my Father that no man may appeal to the Pope without the Kings licence He that takes away the Customs of my Kingdom doth violate the Power and Crown of the King And these Laws were no other then the Laws of the Confessor viz. the old Saxon Laws but also in the execution of these things the Bishops of England adhered to the King and Laws and denied their suffrage to their Primate as you may read in the Bishop of Derry's Vindication of the Church of England p. 63 64. 14. After pag. 65. he instances out of Sir Hen Spelman conc an 78. Legations as rare as Appeals before the Conquest that Gregory Bishop of Ostium the Popes Legate did confess that he was the first Roman Priest that was sent into these parts of Britain from the time of Austin and that those Legates were no other then ordinary Messengers or Ambassadors sent from one Neighbour to another Such a thing as Legantine Court or a Nuntio's Court was not known in the British world and long after 15. See Speed in the Life of Stephen para 4. where Stephen having The Pope and all the English Hierarchy conspire with Stephen against Maud the undoubted Heir of Henry the first entred his Government in the year of our Lord 1135. the 2. of December and was crowned at Westminster the 26. of the same moneth being S Stephen's day by William Corbel the Archbishop of Canterbury who with the rest of the Bishops doing him homage and knowing now he would yield to any conditions for performance whereof his brother the Bishop of Winchester did there engage himself for a Pledge they all took their Oath of Allegiance conditionally traiterously I might say to obey him as their King so long as he should preserve their Liberties and the vigor of Discipline And that the Lay-Barons made use also of this policy appeareth by Robert Earl of Gloucester who sware to be true Liegeman to the King as long as the King would preserve to him his dignity and keep all covenants c. And having buried the body of Henry the First he went to Oxford where he acknowledged he attained the Crown by Election only and that the Pope Innocentius confirmed the same 16. The next contest which after Anselm happened between the King The second contest between the King and Pope and from what cause and the Pope was caused by Tho. Becket Archbishop of Canterbury For Stephen the Usurper having made a Law whereby the Temporal Judges might not meddle with Ecclesiastical persons Henry the Second upon many disorders committed by the Clergy did repeal this Law and restored the antient Laws of this Realm commonly called Avitae leges whereby the persons of Priests were not exempted from being judged by the Temporal Judges And though the Archbishop sware to observe the Laws restored by the King yet was he absolved by Pope Alexander 3. Nor could the Archbishop ever after be brought to conform to the Laws called Avitae leges which was the cause of his assassination and of great trouble to the King and Realm And whether this man did deserve to be canonized for his stubborn disobedience to the Laws of his Country which no ways concerned Faith but only Civil and Temporal obedience and those not new neither but a restitution of the antient Laws let any man judge 17. The first occasion of the quarrel between King John and Innocent The quarrel between King John and the Pope the Third was Hubert the Archbishop of Canterbury being dead the Monks of S. Augustine in that City elected without any licence of the King one Rainold and took an oath of him to go to Rome and take his investiture from the Pope The King incensed hereat caused John Gray to be chosen and desired the Pope to ratifie this last choice The Pope notwithstanding confirms the former The King hereupon grows angry and divers of the Monks against their own act refuse to accept him The Pope although Rainold were chosen by the Monks and confirmed by the Pope adviseth the Monks to choose Stephen Langton the Monks do so the King is highly exasperated and forbids all Appeals to Rome and did alleadge that he had Bishops Prelates Nobles and Magistrates of his own who could according to the Laws of the Land decide and determine all Controversies which should arise in Church or Commonweal The Pope insisted upon the election of the Cardinal Stephen Langton was Cardinal of Chirsogone and required the King not only to give him the quiet possession of the See but also to recall all such Monks as were exiled and to restore them to their Goods which were seised on by the King for the last choice and for default to interdict him and the whole Realm The King is so far from obeying that he seised upon the Lands and Goods of those Bishops to whom the Pope had forsooth given the power of Interdiction The Pope constant in his resolutions by Pandulphus and Durant interdicts the King and Kingdom and gives it the French King King John driven into a great strait gives his Crown and Kingdom to the Pope he good man had before given it to the French King Philip the second sirnamed Augustus and his son Lewis had gotten such footing in England that he would not be gotten out The Pope interdicts both father and son but his curses took not such place that they would give over what they had gotten by the first grant nor did these troubles end until the English Nation uniting themselves under Henry 3. did by plain force drive Lewis out of England to such an insufferable height was the Papacy grown in those days 18. Although the stubborn Barons made Henry 3. swear to observe The Bishops in H. 2 his reign conspire against him the Ordinances made in the Mad Parliament at Oxford and the Archbishop of Canterbury and nine other Bishops did denounce a Curse against all those who either by direction arms or otherwise should withstand the Ordinance of the Twelve Peers which gave the exercise of all Regality to them yet did the Pope absolve him from it very easily Addit Matth. Paris 990. 19. How zealous the most noble Prince Edward the first was in the Contests between the Pope and Ed. 2. cause of Christianity and how observant of the Papal power is evident by his victorious Voyage into Holy Land But he afterwards became hated by the Churchmen both in respect of the Statute of Mortmain made in the fourth year of his Reign and also because that by the advice of William Marchyan his chiefest Treasurer he seised into his hands the
Plate Jewels and Treasure of the Churches and Religious Houses within the Realm and compelled the Clergy to give him the one half of one years value of all their Ecclesiastical promotions and dignities But such was the felicity of this Prince that neither Pope nor Clergy durst openly oppugne him but in the 27. year of his Reign at the request of Boniface 8. says Martin he set John Baliol adjudged by Edward before King of Scotland at liberty And having conquered Scotland in the 33. year of his Reign Robert Bruce procured an Instrument from the Pope that the Kingdom of Scotland was holden of the Church of Rome and therefore required the King to desist from the prosecution of his Wars there But how little King Edward regarded this Instrument and what answer he returned to the Pope you may read in our English Chronicles nor do I finde that ever more prosecution was made by the Pope in this Kings life-time 20. From this time until Henry the Eighth the Kings of England and In the reign of Hen. 4. the Popes kept so good correspondence that they never went so far as Excommunication or Interdiction on the Popes part and how far the Kings did restrain the Popes jurisdiction in their several reigns after the Conquest shall be shewed in Chap. 3. Yet I cannot pass over one thing of the whole Hierarchy of the Church of England except only the Bishop of Carlisle who all factiously and traiterously conspired or adhered to Henry the Fourth his unjust Usurpation and Deposition of their Soveraign Richard the Second CHAP. II. Of Ecclesiastical Laws made by the Saxon and Danish Kings before the Conquest I Inas by Gods gift King of the West-Saxons by the advice and instruction Inas began to reign in the year of Christ 712 died 727. of Cenredes my Father and Heddes my Bishop and Eorkenwoldes my Bishop and with all my * Counsellors Earls Ealdermen and them of best birth of the Wisest of my people and eke in a great Assembly of Gods Servants did religiously study as well for the health of my soul as for the common profit of our Kingdom that right Laws of Marriage and just Judgment be firmly established through every folk and that hereafter it shall not be lawful for any Ealderman or any under our rule to make void these our Dooms or Judgments Cap. 1. Of the Rule of Gods Servants First we command that Gods Servants have a right rule of living After that we command all folk to observe these Laws and Dooms or Judgments Cap. 2. Of Children A Child shall be baptized within thirty days after it be born if that be not done let thirty shillings be forfeited If that it die before it be baptized he shall forfeit all he hath Cap. 3. Of working upon Sunday If a Slave work on Sunday by his Masters command let him be free and the Master shall pay thirty shillings But if the Servant did his work without command of his Master beat his hide or make him to fear a hide-beating If a Free servant do any work without his Masters bidding let him forfeit his freedom or sixty shillings and a Priest double so much Cap. 4. Of First-fruits First-fruits shall be paid upon the Mass of S. Martin he who shall not then pay them shall forfeit forty shillings and pay twelvefold the value of the fruits Cap. 5. Of Church-Priviledge or Sanctuary If any man guilty of death flee to the Church let his life be spared and let right be done to him And if any man deserving stripes implores help of the Church let him be remitted his stripes Cap. 6. Of Fighting If a man strike in the Kings house he shall forfeit all he hath and let it depend upon the Kings judgment whether he shall lose his life If one strike in a * Cathedral Church Minster he shall pay one hundred and twenty shillings c. Cap. 62. Of First fruits Every man shall pay First-fruits for the Roof and Hearth where he shall be upon the day of the birth of our Saviour Cap. 75. Of the killing of Godfather or Godson If any one shall slay his Godson or his Godfather he shall compensate so much to his next of kin as the compensation due to his Lord had been And this payment to the value of him which is killed shall be increased or lessened accordingly as the payment to the Lord for the Servant killed should have been performed If it be the Kings Godson which is killed he shall satisfie the King and his kindred but if the next of kin kills him he shall pay to the Godfather so much as should have been paid to the Lord for the slaughter of his Servant If he be a Bishops son he shall pay half so much Ecclesiastical Laws made by King Alfred or Alured who began to reign in the Year 871. The Preface GOD did speak these words to Moses and thus said I am the Lord thy God I led thee out of Egypt land and of the house of bondage Thou shalt not choose other Gods before me Do not take my Name in idleness for I will not hold him innocent who on idleness taketh my Name Remember thou keep holy the Seventh day Do thy work on six days and on the Seventh rest thou and thy son and thy daughter thy servant and handmaid and thy work-cattel and the stranger that is within thy door For on six days Christ made heaven and earth sea and all things thereon were created by him and rested on the Seventh day and therefore the Lord hallowed it Honor thy Father and thy Mother whom the Lord gave thee that thou maist live long on earth Thou shalt not kill Thou shalt not steal Thou shalt not commit adultery Nor report false witness of thy neighbor nor covet thou thy neighbors inheritance without right Nor work golden gods or silver Thou shalt constitute these Judgments If a man buy a Christian man he shall serve six years the seventh let him be free without cost With the same vestment he came in with the same let him go out if he have a wife let her go out with him if his Lord gave him his wife she and her * * Children bearns are the Lords But if the servant shall say I will not part from my Lord nor from my wife nor from my children nor from my work then let his Lord bring him to the door of the Temple and there let him bore his ear with an eal for a sign that ever after he is his servant If any man sell his daughter for an handmaid he shall not use her as an handmaid he shall use her courteously neither shall he sell her to other folk and if she be negligent let him be pacified let him set her free to stranger folk if he ally her to his son in marriage let him give a garment the reward of her modesty and endow
I confess all sins of my body of skin and flesh and bones and nerves and of kidnies and gristles and of my tongue and lips and of my jaws and teeth and hair of my marrow and of every other thing which is soft or hard wet or dry I confess I have observed my Baptism worse then I have promised to my Lord and the profession by which I was bound to keep for the praise of God and his Saints and the eternal health of my self I confess I have often neglected my Canonical hours and have often forsworne the Life of God and taken his Name in vain 9. I ask and beseech my Lord for remission of all these that the Devil may never by his snares prevail against me lest at any time I should die without confession and amendment of my sins even as to day I have confessed all my sins before our Lord and Saviour Christ who governs heaven and earth and before that Altar and those Reliques and before my Confessor and Mass-priest of the Lord and as I have given a pure and true confession and am ready to correct all my sins and as much as in me lies with all carefulness hereafter to avoid them 10. And thou O Jesu Christ my Saviour have mercy upon my soul and forgive I pray and blot out all my sins and transgressions which I have ever either heretofore or lately committed and lead me into thy heavenly kingdom that there I may be conversant with the Elected and thy Saints without end and for ever Now I humbly beseech thee O Priest of God that thou be a witness for me in the day of Judgment that the Devil hereafter may have no power over me and that thou mayst be a pleader for me to the Lord that I may amend my sins and transgressions and desist from committing the like again May God enable me to perform this who liveth and reigneth without end in everlasting Amen The manner of injoining Penance 1. If an old man or young man rich or poor man sound or infirm shall unwillingly offend another of any order it shall not be so taken as if he had wilfully done it or on set purpose And also if any one compelled by necessity shall have committed any sin for this thing because he did by necessity commit it he shall always rather deserve forgiveness and milder censure 2. Each Deed is to be carefully distinguished for Gods and Mans sake These Services are observed in Parts beyond Sea viz. 3. That every Bishop take his Episcopal seat upon that Wednesday which is called the head of the * Fast and then let every one in his Diocese come unto him who is guilty of any grievous crime and when he shall have Ashwednesday confessed this his Confessor shall teach him penance proportionable to the crime he is guilty of And if any one be worthy of a more grievous sentence he shall separate him from the communion of the Church yet shall he grant and exhort him that he follow his necessary imployment and so at length he may return home having obtained pardon 4. And after that upon Maunday-Thursday let all be called together to the same place and the Bishop singing over them some of the Hymns pronounce absolution to them and give them leave to return home with his benediction to them This is to be observed of all Christians 5. Yet ought the Priest diligently to enquire with what contrition and with what perfection and plenitude every one hath fulfilled the penance enjoined him and accordingly grant this remission 6. If a Layman without cause kill another let him fast seven years in bread and water and four of them as his Confessor shall appoint and also the seven years penance to boot and alwaies bewail his sin all he can because it is unknown to men how much his penance hath prevailed with God 7. If a man desire to kill another and cannot fulfil it let him fast three years viz. one with bread and water the other two as his Confessor shall injoin him 8. If a man shall unwillingly slay a Layman let him fast three years one with bread and water the other two as his Confessor shall appoint and let him always lament his transgressions 9. If he were a Subdeacon let him fast six years if he were a Deacon let him fast seven years if he were a Mass-priest ten years and if a Bishop twelve and always lament 10. If any man so chastise his son that he thereof die although against his will let him fast five years with bread and water ut supra 11. If a Bishop or Mass-priest shall kill any one let him lose the dignity of his Order and his penance be always 12. If a woman shall kill an infant either in her womb or after it shall be born whether by taking a potion or any other way let her fast ten years viz. three in bread and water and the other seven accordingly as her Confessor shall in mercy impose and always bewail the fact 13. If a man without cause in his rage slea his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 let him fast 3 years 14. If a husband shall out of any impious jealousie beat his wife so as she therefore dies guiltless yet let him fast three years and always bewail his misdeed 15. If a man shall of his own accord have killed himself whether with a weapon or any other devilish instigation it is not lawful for any man to sing a Mass for such a man nor to bury him with singing Psalms nor to cover him with earth being laid in a lawful sepulchre The same Judgment is to be given upon him who mischievously ended his life with pain as also a Thief Murderer or Betrayer of his Master 16. If any one of twenty years of age hath defiled himself with a beast be it male or female let him fast fifteen years And if he hath a wife and be forty years old and shall have done such a thing let him both abstain and fast all his life long nor let him presume until he be ready to die to take the body of our Lord. A young man or foolish shall be grievously beaten who shall commit any such fault 17. Whosoever shall break wedlock be it wife or husband shall fast three days in every week with bread and water for the space of 7 years 18. Whosoever repudiates his wife and takes another dissolves the wedlock No man ought to cast off though for life or death any of those things which by due right belong to Christians neither may he be buried who does this among Christians And concerning a Wife let the same thing be done And the Kindred who were present or gave counsel to these things let them be punished with the same sentence unless they sooner repent and diligently amend 19. If a man hath a Wife and also a Concubine let no Priest give them any thing belonging to Christian rights unless he penitently return
in himself from the seed of the Devil And if he hath misled any one out of the way that he might make any gain thereof let him carefully reduce him to the right way This is that which I will If he shall have provoked any one to sin let him do to him what is necessary viz. Let him reclaim him from his sins and again lead him in the right way He who diligently dehorts another from his sins renders his own the lighter 17. This judgment every one by the councel of his Confessor may give himself who with a constant mind will break off his sins and correct them viz. Let him distribute for Gods love all he hath let him leave with them lands country and all the desirable things of this world and serve the Lord day and night and endeavor by all the power he can against his worldly desires all the daies of his life What then is left that by exhorting others he gathers to him for the study of godliness by all possible means he can Here in these following shall be said how any Sick man may redeem his declared Fast 18. Every man may redeem the fast of one day with one penny and any one may redeem the fast of one day with two hundred and twenty Psalms and any one may redeem the fast of twelve moneths with 30s. or by setting free any one of that price And for one daies fast let him sing six times Beati and also six times Pater noster and for the fast of one day let that man bend his knee and bow himself to the ground sixty times saying Pater noster And also a man may absolve the fast of one day if in his prayers to God he through all his members lift up himself to God by true confession and right faith and fifteen times sing Miserere mei Deus and also Pater noster fifteen times Then is a lightening of the sins of the whole day granted to him 19. Any man may absolve a seven Winters fast in one year if he daily shall sing the Psalms of the Psalter and do the same at night and fifty on the evening one Mass may absolve the fast of twelve daies and with ten Masses the fast of four moneths may be bought off and with thirty Masses the fast of a whole year may be bought off if any man will out of true love to God intercede for himself and confess his sins to his Confessor and amend those things as he is bidden and alwaies afterward avoid them Of the Penance of Mighty men 1. Thus a mighty man and having many friends may by the help of his friends mitigate his penance First in the name of God and by the testimony of his Confessor let him manifest a right faith and forgive all who may have sinned against him and make his confession without any omission of his sins and endeavour to repent and take his penance with much grief 2. Then let him lay down his Arms and unprofitable things and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and taking his staff in his hand let him go diligently barefoot and let him use hair-shirts nor come on a bed but lie in a cottage and do this the number of seven years and prepare himself three years on this manner and take to his aid twelve of his companions let them fast three daies with bread crude pottage and water and let him get as well as he can to finish the work seven times an hundred and twenty men who may every one of them fast for his sake three daies so the number of these Fasts will amount to so many Fasts as there are daies in the seven years 3. When any one fasts let him distribute the dishes wherein his meat was to all the poor men of God and in the three daies of his Fast let him lay aside all worldly business and day and night as often as he can go to Church and diligently watch there in Alms light and cry to God and beg remission of sins with a sorrowful spirit and bended knees Also let him often stretch himself upon the sign of the Cross now standing upright now prostrate upon the ground and let every mighty man learn sincerely to weep and deplore his sins and also on those three daies feed as many poor men as he can upon the fourth let him stoop down to wash their feet and let there upon the same day be celebrated for the Penitent so many Masses as any one can by any means perform and on the time of the Masses let him be absolved and then let him take the Eucharist unless that through too much guilt he be so hindred that he dares not take it Yet let him promise for the future as much as in him lies alwaies to do well and whilst he lives by Gods help to avoid injustice so as he may alwaies and rightly hold his Christendom and renounce Heathenism Minde O ye Ministers of God his words and diligently correct his works that so he may set up all Justice and by the help of God as much as in him lies destroy Injustice It is very necessary he should perform that to God even in the least thing which he hath promised 4. This is the lightening of the penance of Great men who abound in many friends But it is not granted to an Indigent man to proceed so It is therefore expedient more strongly to exact this of him and that as is meet that every one should wash away his sins and undergo himself his correction Scriptum est enim Quia unusquisque onus suum portabit These Canons are set out in the Original by Abraham VVheelock and by him translated into Latine in his Addition to the History of Bede between the Laws of King Edgar and Ethelred pag. 65. until 88. Ecclesiastical Laws made by Canutus who began to reign in the year of our Lord 1016. THis is the Decree which Canutus King of England of Denmark and Norway by the counsel of the wise men to the glory of the Immortal God the ornament of the Royal Majesty and the utility of the people hath ordained at Winchester upon * * Christmas day Midwintertide 1. First of all let all men devoutly and holily worship only one God and strictly hold themselves to one rule of Christian religion and obey with all faith and observance King Canutus 2. And protect Gods Church and defend it and frequent it as well for the health of our soul as the commodity of others It is meet that one peace be comprehended in all Christian Churches and also that all Christian men have it in great veneration For Gods peace is to be wished for before other things next after that the Kings peace is to be kept It is therefore very meet that the peace of the Church of God and the tranquillity delivered into the Kings hand be alwaies kept inviolable If any man shall violate either let him be fined and suffer death
with the sword all stubborn and evill doores But whatsoever the Queene or Church did declare the Lawyers would The Lawyers exception of the Statute of 1 Fliz. cap. 1. not lose so much Grist as this Stat. of the first of Eliz. brought to their Mill and therefore the fourth conclusion in the 3 part Institutes 43 is That when an Act of Parliament is made concerning things meerly spirituall as Heresie c. yet the Act being part of the Lawes of the Land the same shall be construed and interpreted by the Judges of the Common-Law who usually confer with those that are learned in that profession so that all Spirituall jurisdiction doth utterly vanish whensoever the Temporall power shall doe any thing in derogation of it and in truth ever since the Statute of the first of Elizabeth all cognizance not only of Heresie c. but the cognizance of the worship and service of God and administration of Sacraments have upon the matter beene determined at quarter-Sessions and assizes and since ths uniting of all forraigne jurisdiction in the Crowne many places in England that were not in ordinary Episcopall jurisdiction and immediatly under the Pope are become out of all cure of Soules and for ought can be known are not any part of any Christian Church If the Queen be supreme Governor in all Spirituall cases under Christ then are not Bishops and Priests immediately Christs Ministers but the Queens Nay then may she ordain confirm and consecrate the Sacraments which the Church of England Art 37. King James Spot Hist anno 7 Regni doth deny The preamble of the first of Eliz. cap. 1. Is a supplication of the Lords Obsecrable things in the 1. 2. chap. 1 Eliz. Spirituall and Temporall and Commons that those things therein might be passed into a Law whereas the Lords Spirituall a a Camb. Eliz. Reg. 16. being nine nor were there then fourteene alive and all who were present not only stiffly opposed it but were all of them deprived because they would not conform thereunto and take the Oath of Supremacy made by that Act. In the 2. chap. Pag. 36. 1 Eliz. there is a very strange clause viz. The Queenes Majesty the Lords Temporall and Commons assembled doe in Gods name earnestly require and charge all Arch-Bishops and Bishops and other Ordinaries that they endeavor themselves to the utmost of their knowledge that the due execution of that Law may be had throughout their Diocesses and Charges as they will answere before God for such evills and Plagues wherewith God may justly punish his people for neglecting this good and wholsom Law and yet the Temporall powers by this very Law have power to heare and determine all things in it as well as the Spirituall whereas Praeces lachrima sunt arma Ecclesiae all alwaies the Church formerly did supplicate protection from the temporall powers The Queene did not make an alteration and change in the Religion and By what degrees Religion was charged Service of God on a suddain but by degrees for for a whole moneth or more after the death of Queene Mary the Roman Religion continued in the same state it did before upon the twenty seventh of December leave was granted to have the Epistles Gospells ten Commandements the Lords Prayer Creede and Letany in the English tongue The two and twentieth of March when the Nobles and Commons were met in Parliament the entire use of the Lords Supper viz. in both kindes was allowed and the Law made to that intent in Edward the sixts dayes revived and put in new force The twenty fourth of June the Sacrifice of Masse was abolished and the Liturgy in the English Tongue established by Parliament In July the Oath of Supremacy was propounded to the Bishops and others and in Aug. Images were removed out of Churches and broken ot burnt Cambd. Eliza Reg. 39. From the first of Eliz. untill the eleventh yeere of her Reigne no person How the Laws made for conformity to the Service of the Church were observed of what perswasion soever at any time refused to come to the publique Divine Service celebrated in the Church of England being so evidently grounded upon the sacred and infallible word of God that the Bishop of Winchester in his answere to Tortus page 42 is not afraid to affirme positively that the Pope Paulus quartus which is misprinted for it should have been Pius quartus if the Queene would have acknowledged his authority would have been so kinde as to have established all the Rites and Ceremonies now used in the Church untill the Bull published against the Queene by Pius the Fift whereby he excommunicated her and deprived her of her Kingdome and forbad all her Subjects upon like penalties to be so hardy as to obey her Admonitions Lawes or Commandements and did absolve all men who had upon any occasion taken their oath to her of all fealty and service due unto her by reason of her Government which Bull produced no other effect then the severe Statute made the thirteenth yeere of the Queene against all men who should endeavor to put it or any such in ure or execution or should receive or take any absolution or reconciliation from the Church of Rome But afterward these Parliament Laws for the conforming to Divine Service established became as much disobeyed by another generation of men called Puritans and therefore the Statute of the thirty fift of Elizabeth cap. 1. was made expresly against them yet would they never be restrained untill they upon pretence of Reformation brought a desolation upon both Church and State Shee was truly pious who daily as soone as she rose set a part some time Of the virtues of Queen Eliz. for the worship and service of God afterwards at set houres retired her selfe into her private Closet frequented the Chappell duly upon Sundaies and holydaies nor was there ever any Prince that with greater devotion was present at divine Service In black aray and after the manner of the former ages she heard attentively Lenten Sermons although she would often say what she had read of Hen. 3. her predecessor That she had rather devoutly speak to God in Prayer then hear others discourse eloquently of God in their Sermons and of the Cross the blessed Virgin and of the Saints shee thought reverently nor did shee ever speake of them without a certain reverence nor patiently heare others speake of them without the like * to these may justly Camb. Eliz. Reg. 14. be added a wisdome and prudence in Government so far above her sex that certainly shee in that kinde is not to be parallell'd by any of her masculine predecessors and these vertues were crowned with that felicity that all along her long Reigne shee was most passionately and obsequiously hononred by her Subjects a rare thing among Islanders and not to be found in any time before her in any of her Predecessors Yet sure
shall retain in service see or livery any person which shall forbear to goe to some usuall place of Divine service by the space of a moneth shall forfeit for every such moneth he knowing the same the summe of ten pounds This Act shall not extend to punish any person for maintaining relieving or harbouring his Father or Mother wanting without fraud any other habitation or sufficient maintenance or the ward of any person committed by authority to the custody of any by whom they shall be so relieved maintained or kept The Sheriff or other Officer upon lawfull Writ Warrant or Processe to him awarded to take or apprehend any Popish Recusant standing excommunicated for recusancy may break open the house where any such person excommunicated shal be or raise the power of the County for apprehending such person Every offence committed against this Act may be heard and determined before the Justices of the Kings Bench and Justices of Assize And all offences other than Treason shall be enquired heard and determined before the Justices of Peace in their next Generall and Quarter-sessions No attainder of Felony by this Act shall extend to forfeiture of Dower or corruption of blood The Defendant in any action commenced or brought against him by virtue of any thing in this Act may plead to the generall Issue by an Evidence that shall prove his doings or proceedings warrantable by this Law This Act nor any thing contained therein is said not to extend to take away or abridge any authority or jurisdiction of Ecclesiasticall censures No person shall be charged in any penalty by force of this Act which shall happen for the wifes offence in not receiving the Sacrament during her Marriage nor any woman shall be charged with any penalty for not receiving during Marriage In all cases where the Bishop or Justices of Peace by virtue of this Act may take of any Subject not a Nobleman this oath above mentioned The Lords of the Privie Councell or any 6 of them where of the Lord Chancellor Lord Treasurer or principle Secretary to be one have authority to require the same at any time of any Noble-man or Noble-woman being above the age of 18. years and if such Noble-man or Noble-woman other then the woman married refuse the same they shall incurre the penalty of a Premunire Where any person shall pass out of the Cinque-Ports or any member thereof to any parts beyond the seas to serve any foreign Prince State or Potentate the Lord Warden of the Cinque-Ports for the time being or any person by him appointed have power to take bond and minister this oath to such passengers If any man discover any Recusant or other person which shall entertain or Stat. Annn. 3 Jac. cap. 5. relieve any Jesuit Seminary or Popish Priest or shall discover any Mass to have been said and the persons which were present and the Priest or any that were present within three daies shall not only be freed from any penalty but shall have the third part of the forfeiture of all such summes of money goods and chattels which shall be forfeited for such offence if the forfeiture exceed not 150 l. if it doth exceed 150 l. then the discoverer to have 50 l. and the discoverer after conviction of the offendor shall have a certificate from the Judges or Justices of Peace before whom such conviction shall happen to be directed to the Sheriffe or other Officer that shall seize the goods commanding him to pay the same accordingly No Popish Recusant shall come into the house where the King or the Heir apparent shall be unlesse commanded by the King or by Warrant from the Lords of the privy Councell upon penalty of one hundred pound the one moity to the King the other to the discoverer who will sue for the same in any Court of Record where no Essoine Protection or Law Gager shall be allowed All convicted Popish Recusants dwelling in London or within five miles within three moneths after the Session of Parliament shall depart out of it and not dwell within ten miles and deliver up their names to the Lord Major if they dwell in London and if such Recusant shall dwell within ten miles of London to deliver up his name to the next Justice of Peace within fourty dayes after the Session of Parliament upon the penalty of one hundred pounds the one halfe to the King the other to him who will sue as aforesaid All Recusants which shall dwell or remain in London or within ten miles thereof shall within ten dayes after indictment or conviction depart out of the said compass and deliver up their names to the Lord Mayor In case the said Recusant shall dwell in any County within ten miles of London then within ten daies after conviction or indictment shall give up his name to the next Justice of peace the person offending shall forfeit one hundred pounds the one halfe to the King the other to the Informer as aforesaid Tradesmen Recusants who have no other habitation may continue within London and the compass of ten miles This Act repeals that branch of the 35 Eliz. cap. 2. touching licence of Recusants to remove or pass above five miles from their place of abode The King or three or more of the Privy Councell under their hands may licence a Recusant to travell out of the compass of five miles So may four Justices of Peace of the County with the privity of the Bishop of the Diocesse in writing or of the Lieutenant or any of the Deputy Lieutenants the party taking his corporall oath that he truly informes them of the cause of his journey and making no causless stayes No convict Recusant shall practise the Common Law as a Councellor Clerk Atturney or Solicitor nor shall practice the Civill Law as Advocate or Proctor nor practise Physick nor be an Apothecary nor shall be Judge Minister Clerk or Steward of any Court nor keep any Court nor shall be Register or Town-clerk or other Minister or Officer in any Court nor shall bear Office as Captain Lieutenant Corporall Sergeant Auncient-bearer or other Office in Camp Troop Band or Company of Souldiers nor bear any office in any Ship Castle or Fortresse of the Kings upon penalty of one hundred pounds to be forfeited as aforesaid No popish Recusant convict or having a Wife convict shall bear any publick office in the Common-wealth Every married woman being a Recusant convict her husband not being convict shall forfeit 2. third parts of her Joynture and Dower during her life and be made uncapable of being Executrix or Administratrix to her husband Every Popish Recusant convict shall be deemed as a person excommunicated so long as he continues not conformable and not come to Divine service and receive the Sacrament and take the oath appointed by this Parliament in the first chap. Yet such Recusant may sue for such of his Lands Tenements c. and for the profits thereof which are not
of the Commons Lawes of this Land yet a great assertor of them and in disgrace with him would oftentimes affirm that there was no time whenever he could speak reason but the King would hear him With the reputation of these virtues he governed these Islands in greater peace then posbly in the ordinary nature of things could be expected In the 3. year of his Reign viz. Anno Dom. 1605. was a most hainous and The cause of the many Laws made against Popish Recusants vile attempt intended not only against the very Person of the King but even of his Posterity which had not advanced the designe of the conspirators and the Church and all the Nobility not of their faction with the Commons in Parliament assembled And the conspirators had proceeded so far that they had not only made provision to have effected their purpose and intended the fifth of November being the day for the convention of the Parliament after their Proroguement and therefore probably expecting not only a more then usuall convention both of the Lords and Gentry but even of the King himself to have blown up the Parliament House But the designe being as foolish as desperate was discovered the night before it should have been executed although it is thought that it was known even to the King himself and the Earl of Salisbury before as by accident and so had no other effect then what the conspirators might reasonably have expected had it succeeded viz. ruine to themselves for their faction being so very few in proportion to the rest of the Nation and without either money Forts or Army in reason they could not have done any thing considerable in order to their further designes and severe Lawes against all which might be suspected to be of their faction to prevent any such further attempts It is true where Tacitus observes that the conspiracies of Subjects where His defects and frailties they succeed not doe advance the Soveraignty and verefied in this attempt of the Gunpowder-Treason for how many Lawes were that Parliament and afterward enacted against all Popish Recusants we have before shewed yet so it happened and so usually happens when not carefully minded by Princes that another faction far more formidable both to King and Church openly pretending assistance to the King and Church in persecuting this faction secretly acquired strength to themselves in so doing Nor was this unseen by this wise King being naturally a greater enemy to the Faction persecuting the persecuted but either not having that magnanimity which is so requisite in a Soveraign or apprehending he had not means sufficient to goe through he neglected to apply such medicines as were necessary to the curing of this Gangrene so dilating it self both in Church Court and State but desiring Peace especially at home although almost upon any termes he rather sought to repell the breaking out of Puritanisme during his Reign then to eradicate it for the future Add hereunto that being excessively addicted to Hunting and not greatly loving the Common Lawes and finding it impossible to govern this Nation otherwise and minding controversies in Divinity more than the management of his temporall affaires and though free from Sacriledge and Corruption in his person yet carelesse of it in his Favourites and Countrymen and nothing so prudent a Manager of the Revenues of the Crown as his Predecessor whereby being forced to recede from many of his Regalities the Reins of Government both in Church and State became so loose that in the ordinary nature of things it was very difficult they should be reassumed by his Successor Ecclesiasticall Laws made by King Charles THere were some few Lawes made against Interludes c. on the Lords day and 10. groats penalty for offence to be levied by Justices and Constables which a man may read in the first Car. 1. 3 Car. 1. There had never in any time been before this Kings Reign so long Peace The state of the Church State in the beginning of K. Charles his Reign viz. for neer 80 years in this Nation as in the beginning of his Reign but neither doth peace make mens minds peaceable nor were things otherwise well disposed for the continuance of it for not only the zealous and obsequious duty which the Subjects paid to the Royall name in the person of Queen Elizabeth was quite dead and almost forgotten the great wisedome and learning of his Father not to be hoped for in the tender years of the Son the Exchequer without money and yet the King engaged in a Warre against the Spaniard for recovery of the Palatinate but the Puritan Faction which Queen Elizabeth desired so much to suppresse and so much hated by his Father was grown so farre up in Church State and Court that in all they were far more numerous both in England and Scotland and all forein Plantations then all his other Subjects Nor was the condition of Ireland better for not only the Protestant party were jarring among themselves but the Popish intent upon their destruction which after they did execute in a terrible manner To these may be added the government both in Church and State so neglected that the exercise of any Lawes to reduce them to conformity would be imputed to have been Innovations and Tyranny The Kings Councell either uncapable of giving counsell or not faithfull to their Prince Nor was there any thing left to oppose all these growing calamities but the hopefull virtues of a young Prince unacquainted in Temporall affaires and a stranger to all worldly calamities which are of no more power to protect him against seditious and rebellious Subjects then the Lawes of God and all which may be called sacred will retain men in obedience where they are not restrained by a present coercive power But these stormes which after brought this Saintlike Prince and this wofull Church State to so lamentable a condition as they lately lay under did not breake out in the very beginning of his Reign but in all three Nations did gather into such black clouds in all his reigne that almost at once breaking forth in such a terrible Tempest as upon the matter it so overwhelmed King Church and Government that there was scarce any footsteps of them left I had here designed to have inserted a short History of the chiefe occurrences of his Reigne and by what degrees this saint-like Prince became a victim to the rage and lust of his seditious subjects and have the papers now by me but in regard it must needs rub soares which may rather in their tendernesse anger then ease them and also because the History of his life hath been by others more fully written but most of all because it is his Majesties pleasure to have the memory of things rather buried in oblivion then renued I shall forbeare and doe no more then give the description of him and shew the consequence of his calamities The Description of King