she was rather carefull to conserve peace at home then to maintain it abroad and was more mindfull of the present age then of posterity and sure that King that succeeded her might justly expect to finde a hard taske so to Govern as to preserve the love and obedience shee had for besides her prudence and frugality in Government and expences she was single had not any kindred in the Nation which were any charge to her whereas the King succeeding not only having a Queen but also Posterity must multiply expence whereby hee shall lose the affections of his Subjects from whom it must be raised or abate of the magnificennce which is necessary for the reputation and Regality and which every Monarch ought especially to be carefull of for Where Majesty or Power is contemptible the exercise of them is never permanent Ecclesiasticall Lawes made by King James THis Statute doth Enact That all Statutes made by Queene Elizabeth Anno 1. Jac. cap. 4. against all Jesuites Priests and Seminaries made in the Church of Rome and all those Statutes made against all manner of Recusants be put in due and exact execution Every Recusant that shall conforme himselfe to the Lawes and Ordinances of the Church of England and repaire to Church and continue there during the time of divine Service and Sermon according to the true intent of the statute in that case made in the time of Queen Elizabeth shall be discharged from all penalties of Recusancy so long as he continues in such obedience and conformity The heir of any Recusant who is no Recusant shall not incur any penalty for the Recusancy of his ancestor if at the death of any Recusant the heire of the Recusant be a Recusant and after become conformable to the Lawes and Ordinances of the Church and take the oath of Supremacy made in the first yeere of Q. Eliz before the Archbishop or Bishop of the Diocess then every such heir shall be discharged of all penalty hapning in respect of the Recusancy of his Ancestor If the Heire of any Recusant bee within the age of sixteene yeeres at the death of his Ancestor and after become or bee a Recusant that then hee shall not bee discharged from the penalty of Recusancy untill hee submit to the Lawes and Ordinances of the Church and take the said oath of Supremacy in manner and form expressed 23 Eliz. cap. 1. Where any seisure shall be had of the 2 parts of any Lands or Tenements c. for the not payment of the 20. l. due and payable for each moneth according to the Statute in that case lately made * in such case two third parts shall goe to the payment of the said twenty pound a moneth the third part shall not be extended by the King nor forfeited by the Recusant where any seisure hath beene made by the King and the debt or duty by reason of Recusancy not paid then the King may continue the seisure untill the residue of the debt be fully satisfied and discharged The King and his Heirs shall not seize nor extend any third part descending to any such heirs or any part thereof either by reason of the Recusancy of such heir or the Recusancy of his Ancestor Every person under the Kings obedience which at any time after the end of the session of that Parliament shall send any childe or other person under his Government into any parts beyond the Seas out of the Kings obedience to be resident in any Colledg or house of any popish Order or Profession whatsoever or repair to the same to be instructed in the popish Religion or in any sort to professe the same shall for every such offence forfeit to the King the summe of one hundred pounds and every person so passing or sent beyond the Seas in respect of himselfe or her selfe only and not in respect of his or her posterity be made incapable to inherit or purchase in any of the Kings Dominions If any person borne in any of the Kings Dominions at the making of this Act were in any such house or Colledg to be instructed in the popish Religion and should not return into some of his Majesties Dominions within one yeere next after the session of that Parliament and submit himself as is aforesaid shall be in respect of himselfe only and not in respect of his heirs and posterity utterly uncapable of inheriting or purchasing within any of the Kings Dominions Provided that if any such person shall afterward become obedient and conformable to the lawes and ordinances of the Church of England and repaire to Church according to the true intent of the said statutes and ordinances and continue so to doe that then every such person shall be discharged of such disability No woman nor any childe under the age of twenty one yeeres except Saylors and Ship-boyes or the Apprentice or Factor of some Merchant in trade of Merchandize shall be permitted to passe over the Seas without License from the King or six or more of the privy Councell under their hands upon paine that the officers of the Port that willfully or negligently did suffer any such to passe and did not enter the names of such passengers so licensed shall forfeit their office and all their goods and chattels and that every owner of any ship or vessell that shall willfully carry over seas any such person without license shall forfeit his ship or vessell and all the tackle and every Mr. or Mariner of or in any such ship offending as aforesaid shall forfeit all their goods and suffer imprisonment by the space of 12 moneths without baile or mainprize No person shall keepe any Schoole or be a Schoole-master out of any of the Universities or Colledges of this Realme except it bee in some publick or free Grammer-Schoole or in some such Noblemans or Noblewomans Gentlemans or Gentlewomans house as are not Recusants or where the said same Schoole-Master shall not be licensed by the Archbishop Bishop or Guardian of the Spiritualties of that Diocesse upon paine that as well the schoole-master as the party that entertains him shall forfeit for every day so offending the sum of forty shillings the one halfe to the King the other to him who shall sue for the same in any of the Kings Courts of Record in Westminster by Action of Debt Bill Plaint or Information in which no Essoine Protection or wager of Law shall be allowed Because some popishly affected did repaire to Church monethly whereby Stat. Anno. 3. Jac. cap. 4. they did evade the penalties imposed by precedent Parliaments as is alledged It was therefore Enacted That if any Recusant so conformed shall not once a yeere at least after the Session of Parliament receive the Sacrament in the Church of that parish where he or she usually abides or if there be no Church then in the Church next adjoyning shall forfeit for the first yeere the summe of twenty pounds for the second yeere
seized into the Kings hands for his Recusancy or any part thereof Every covicted Popish Recusant not married in some open Church or Chappel or otherwise then according to the Church of England by a Minister lawfully authorized shall be disabled to have any estate of Freehold by Curtesie of England And every woman being a popish Recusant convict which shall be married in other form then as aforesaid shall be disabled not only to claim any Dower or Joynture but also the Widowes Estate and Frankbanck in any customary Lands whereof her Husband died seized and likewise from having part of her husbands goods by virtue of any custome of any County City or Place And if a man be married contrary to the true intent of this Statute to a woman who hath no Lands or Tenements whereby he may become Tenant by Curtesie he shall forfeit 100 l. to be paid as aforesaid Every Popish Recusant which shall have a child born and shall not within a moneth after cause it to be baptized by a lawfull Minister according to the Lawes of the Realm in some usuall place of Baptisme or if by infirmity the child cannot be brought to such place then to be baptized by some Minister within the moneth if he beliving by the space of a moneth or if he be dead then Mother of such Child shall for every such offence forfeit one hundred pound one third part to the King the other to the Informer who will sue for it the other third part to the poor of the said Parish to be recovered in any of the Kings Courts wherein no Essoine c. shall be allowed If any Popish Recusant not being excommunicated shall be buried in any place other then the Church or Church-yard or not according to the Ecclesiasticall Lawes of the Realm That the Executors or Administrators of every such person so buried knowing the same or the party that so burieth him shall forfeit twenty pounds to be paid as aforesaid If the children of any of the Subjects within this Realm the said children not being Souldiers Mariners Merchants or their Apprentices or Factors shall be sent or goe beyond seas without licence of the King or six of the Privy Councell whereof the principall Secretary to be one under their hands and seals that very such child shall take no benefit by any gift conveyance descent devise or otherwise untill he being above the age of eighteen years take the oath mentioned in an Act made that Session intituled An Act for the better discovery and repressing Popish Recusants c. before some Justice of Peace of the County where such Parents of such Children as shall be sent did or shall inhabit In the mean time the next of kin who is no popish Recusant shall enjoy all the said Lands c. untill the person so sent shal conforme himself and take the said oath receive the Sacrament of the Lords Supper and then he who hath received any profit as aforesaid shall restore the goods or value to him who shall so conform himself He that shall so send his child beyond seas shall forfeit one hundred pounds to be recovered as aforesaid No convict popish Recusant shall present to a Benefice with Cure Prebend or grant an Advowson or collate or nominate to any Free-school or Donative whatsoever The Chancellor and Scholars of the University of Oxford when any such become void shall have the nomination presentation collation and Donation of any such Benefice Prebend or Ecclesiasticall Living School Hospitall and Donative in the Counties of Oxford Kent Middlesex Sussex Surrey Hampshire Barkshire Buckinghamshire Gloucestershire Worcestershire Staffordshire Warwickshire Wiltshire Somersetshire Devonshire Cornwall Dorcetshire Herefordshire Northamptonshire Pembrokeshire Carmarthenshire Brecknock-shire Monmothshire Cardiganshire Montgomeryshire and the City of London so long as the Patron shall remain a Recusant convict The Chancellor Scholars of the University of Cambridge shall have presentation c. to all such Benefices aforesaid being in the Counties of Essex Hertfordshire Bedfordshire Cambridgshire Huntingtonshire Suffolk Northfolk Lincolnshire Rutlandshire Leicestershire Derbishire Notinghamshire Shropshire Cheshire Lancashire Yorkshire the County of Durham Northumberland Cumberland Westmorland Radnorshire Denbyshire Flintshire Carnarvonshire Angleseyshire Merionethshire Glamorganshire so long as the Patron shall continue a Recusant convict If the Chancellor and Shollars of either University shall nominate or present Quaere who shal have the next presentation nomination to any such Benefice c. any person who hath any other Benefice with cure of souls every such nomination and presentation shall be void A convicted Recusant shall neither be Executor or Administrator nor Gaurdian in Chivalry or Socage The next of kin of the children of Recusants convict to whom the Estate cannot descend who shall usually resort to Divine Service according to the Lawes and receive the Sacrament shall have the Guard and education of the children and of the Lands and Tenements holden in Knights-service untill the full age of 21 years and of the Lands in Socage as Guardian in Socage and of Customary Lands by copy of Court Roll so long as the custome shall permit the same and in every of the said places shall yeeld an account of the profits to the Ward All Grants of Wards either of the King or any other to any Popish Recusant shall be void No person shall bring from beyond Sea print sell or buy any Popish Primers Ladies Psalters Manuels Rosaries popish Catechisms Missals Breviaries Portals Legends and lives of Saints containing superstitious matter upon penalty of fourty shillings to be forfeited as aforesaid viz. one third part to the King an other to the Informer who will sue the other to the poor of the Parish where such book shall be found Justices of peace in their Limits Mayors Bayliffs chief Officers in Corporations may search the hous of every popish Recusant convict the hous and lodging of every person whose wife is a popish Recusant convict for popish books and Relicks of Popery And if any Altar Pix Beads Pictures or such like popish Reliques or any popish books shall be found as in the opinion of such Officers shall be thought unmeet for such Recusants they shall presently be defaced and burnt if meet to be burnt All Armour Gunpowder and Munition whatsoever any popish Recusant convict hath or shall have in his own house or in the hands of others shall be taken from them by warrant of four Justices of peace at their Generall or Quarter-sessions other then such necessary weapons as the four Justices shall think meet for defence of the said Recusants in defence of their houses and the said Armour and Munition so taken shall be kept at the costs of the said Recusants in such places as the four Justices shall appoint If any such Recusant which hath such armour c. or any person who hath any such armour c. for the use of such Recusant shall refuse to declare unto the
c. was publickly worshipped and served And men who were of no Religion were always stigmatised with the most opprobrious name of Atheists as the most vile of Men. * Flaminem assiduum Jovi Sacerdotalem creavit Liv. lib. 1. Numa Pompilius therefore in the first place took care for the institution of a Religion among the Romans and to this end he created a Priest who should daily offer Sacrifice to Jupiter And so zealous were the * Selden Annal Angl. lib. 1. c 4. Caesar de Bell. Gal. lib. 6. Gamb Brit. p. 12. Druides in the old age of our Ancestors before Christianity was planted among us in their Religion or Publick Forms of Worshipping of God that none but the Priests and Schollars might learn them nor would they commit them to Letters both because they would not have them divulged least they should grow contemptible by being exposed to the view of the rude and ignorant multitude as also that their Schollars might the better retain them in their memory * Nicias Orat. Thucid. lib. 7. Nicias as the chief Argument of his justification and hope of belief from the gods in his greatest adversity says 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I have worshipped the gods frequently according to Law And heretofore in the Church of England set Forms of Prayers were not onely ordained that her sons of her Religion might meet at publick times to worship and serve God but the Minister or Priest was obliged every day to offer up the publick worship and service of God whether there were any present but himself or not for all sorts of men in their several vocations and stations That as the fire upon the Altar among the Jews might never go out so among us Christians might no day pass wherein the Publick Service of God was not offered up for all sorts of men 2. That Men honor and obey their Superiors Subjects their Soveraigns Children their Parents Servants their Masters 3. That Men be not Tale-bearers or Back-biters but avoid evil communication 4. That Men do not make advantage of anothers weakness to his damage 5. That Man in all things keep his Integrity that is not to answer so Integrity to another as to deceive him by equivocation or mental reservation if it does not appear that there is evil intent in the question 6. That Men perform their promise made although it be to their hinderance Promise 7. That Men bear a grateful minde for benefits received that is that Gratitude they do not suffer him from whom they receive a benefit to be in a worse condition then he was before he conferred it And if they have not in their power wherewith to satisfie yet that they bear it so in their mindes as to be ready to satisfie to their power Some Creatures who are not endued with Reason do imitate this Virtue the Storks when their Parents are viete and broken with age do relieve them by feeding and providing for them wherefore the Greeks called the Stork 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Beneficiorum retributorem See Grotius Annotations upon his Preface De Jure Belli Pac. 8. That men do well to their Wives Children and others as by nature and affinity allied unto them 9. That men be merciful wherein men ought not so much to observe the quantum as the cause of shewing mercy or pitty 10. That in revenge men do not respect the evil past but minde the future good which may happen from the punishment 11. That they neither by deeds words or countenance use another contumeliously 12. That they be not high-minded or over-conceited of their birth person or parts 13. That they be lowly minded and modest 14. Not to accept or respect persons in judgment 15. Where no Law gives propriety there ought community to be 16. Those things which can neither be divided or used in common that the decision be by lot 17. That the first-born be preferred and the Male before the Female 18. * That no man endeavor c. For that which is any mans by Divine Institution cannot be aliened neither by his will nor the will of all the men in the world and therefore cannot Episcopacy or Priesthood after Consecration and Imposition of hands be transferred because they are by Divine Institution Yet whatsoever Bishop or Priest shall endeavor for reward or price to alien it or deny it for safety of his life may as well be esteemed a prophane person as Esau was That no man endeavor to transfer or alien by Pact or Promise that right which God by the Law of Nature or Divine Institution hath given him 19. That Protection be granted to Ambassadors and Mediators of Peace 20. That no man seek private Revenge for any supposed Injury 21. That Judgment be pronounced without hope of reward or for applause of men 22. That where Evidence of Fact does not clearly appear that they take information from Witnesses 23. That the Judge be indifferent not byassed to either party either by Natural relations or by any precedent Obligation 24. These Moral Virtues are commanded by the Moral Law and are most truly and properly so as they are revealed and declared to mankinde by God in the holy Scriptures For the Will of God commanding in the Scriptures that is in the Old and New Testament is in all things by highest right to be obeyed and followed And because God hath created man with an immortal and eternal Soul and does not will the death that is the eternal death of a sinner he offers every man grace who does not refuse it by preferring some other things to lay hold of those means which he hath revealed in them for the obtaining of his eternal happiness 25. But because a man cannot well bear all these Virtues in his minde The sum or cause of all Moral Virtues contained in the Second Table in every action which a man intends if he would know whether it be against the Law of Nature or not Let him suppose himself in place of him with whom he intends this action and if he be not willing that this thing should be done to him let him not do it to another for upon this short and easie rule Whatsoever ye would that men should do unto you do ye even so unto them depends all the Law and the Prophets Matth. 7. 12. CHAP. V. Moral Virtues are commanded by God in the holy Scripture 1. THe Lord said Speak unto Aaron and unto his sons saying On this wise Religion or the worshiping of God in a Publick set form was instituted by God under the old and new Testament shall ye bless the children of Israel saying unto them The Lord bless thee and keep thee The Lord make his face shine upon thee and be gracious unto thee The Lord lift up his countenance upon thee and give thee peace And they shall put my name upon the children of Israel and I will bless them Numb 6. 22
accounted Abrahams faith St. James 2. 23. That he would have offered up Isaac though by the law of nature Abraham should have preserved his sonne and so God ceased the motion of the Sun and Moon upon Joshua's prayer Jos 10. 12. And caused the same to go retrogade ten degrees upon the prayer of Hezekias and Isaiah 2 Kings 20. 11. It is true that nothing less then that power which made a Law can alter it the Laws therefore of God whether positive or natural have an eternal and immutable obligation upon all the men in the world but whatsoever power may make a Law that power may alter it Divine Laws therefore whether positive or natural cannot have any obligation upon God but he may alter them when he pleases CHAP. VI. The Obligation of Divine and Humane Laws upon the Consciences and Persons of Men. 1. COnscience comes of con and scio to know together with reason Conscience or some law Conscientia est animi quaedam ratio lex quâ de recte factis secus admonemur Conscience is a certain reason or law of the Mind whereby we are well or ill advised of our deeds The laws therefore of Man may not only be violated by doing contrary to them but by consenting to them As he which does contrary to that he thinks though the doing of the thing be just yet 't is unjustly done by him for whatsoever is not of faith is sin Rom. 14. 23. 2. The affirmative precepts of God they do semper obligare yet they The obligation of the laws of God do not oblige ad semper As when he commands us to pray continually it is not to be expected a man should be always in the act of prayer but so to live as he does nothing which may indispose him from praying But Gods negative precepts do not only always oblige but oblige ad semper too for there is no time at all wherein it is lawful for a man to kill to steal to commit adultery c. Deut. 5. 17 18 19 20 21. negative in all instances 3. Ecclesiastical laws do oblige in Conscience If thy brother shall neglect Ecclesiastical laws oblige in conscience to hear thee tell it to the Church but if he neglect to hear the Church let him be to thee as a heathen man or Publican Mat. 18. 17. And the Scribes and Pharises sit in Moses chair all therefore whatsoever they bid you observe and do but do not after their works for they say and do not Mat. 23. 2 3. If then by the law of our Saviour the Jews were to observe and do whatsoever the Scribes and Pharises commanded them because they sate in Moses seat sure with as much or much more reason ought Christians to observe and do whatsoever the Church which our Saviour Christ himself hath planted doth command them 4. My kingdom is not of this world Joh. 18. 36. God sent not his Son In conscience only into the world to judge the world but that by him he might save the world Joh. 3. 17. And O man who has made me a Judge or divider amongst you If then our Saviours kingdom were not of this world if God sent not his Son to judge the world and if our Saviour were not a Judge among men then cannot the Church of Christ have any power from Christ in the kingdoms of the world nor to judge the world nor to be a Judge or divider among men 5. Ecclesiastical laws according to the usage and custom of England To what things Ecclesiastical laws have reference relate to Blasphemy Apostacie from Christianity Heresies Schisms Holy Orders Admissions Institution of Clerks Celebration of Divine Service Rights of Matrimony Divorces general Bastardy Subtraction and Right of Tythes Oblations Obventions Dilapidations Excommunication Reparation of Churches Probate of Testaments Administrations and Accounts upon the same Simony Incests Fornications Adulteries Sollicitation of Chastity Pensions Procurations Appeals in Ecclesiastical cases Commutation of Penance which are determined by Ecclesiastical Judges 6. So that there is a mixt Conusance in the Ecclesiastical Judicature All things determinable by Ecclesiastical Judges are not meerly spiritual viz. of things meerly Spiritual by which they are impowered to judge and take conusance of and that by no humane power but only as they are impowered and sent by our Saviour and are only his Ministers viz. the taking conusance of Blasphemy Excommunication Heresie Holy Orders Celebration of Divine Service c. And this Ghostly power the Church and Ecclesiastical persons had before ever Temporal powers received the Gospel of Christ or were converted to Christianity And also after it pleased God that Nations and Kingdoms were converted to Christianity and that Kings did become nursing fathers and Queens nursing mothers Isa 49. 23. to Gods Church then did Kings cherish and defend Gods Church and endued it with many Priviledges and Immunities which ere while was persecuted by them or other Powers but yet could not these Immunities or Priviledges divest them of that Ghostly power which our Saviour by divine institution gave his Church It is true no question but that originally not only all Bishopricks and their bounds and the division of all Parishes and the conusance the Church hath of Tythes of Probate of Wills of granting of Letters of Administration and Accounts upon the same the right of Institution and Induction and the erection of all Ecclesiastical Courts c. were all originally of the Kings foundation and donation and that to him only by all divine and humane laws belongs the care and preservation of all his Subjects none excepted in all causes And therefore not only all those things which relate to the extern peace and quiet of the Church although exercised by Ecclesiastical persons but all those priviledges and immunities which the Church or Churchmen have in a Church planted which the Primitive Christians and Apostles had not in the persecution of the Church when planting are originally Grants of Kings and Supreme Powers and so Temporal or Secular Laws but in regard they accidentally have reference to the Church and are exercised by Ecclesiastical persons they are not improperly called the Kings Ecclesiastical Laws And sure either ignorance of this or faction hath made men run into two contrary extremes one That Kings have no right to their Crowns but in ordine ad bonum spirituale and so cannot be Kings or That all power and jurisdiction in all causes is from the King and so cannot there be any such thing as Christian faith Religion or any Ghostly power left by our Saviour with his Church to continue to the end of the world which every Christian man de fide ought to believe and submit to before any Temporal Law or Power in the world Object But beeause Ecclesiastical laws have not infallibility affixed to them if they command any thing repugnant to Divine laws do they then oblige Answer No for God
his tail for his Second Ground is That the nature of Man reacheth not to the perfection of Government But what does our Author here mean by Freemen if by Freemen he understands men free to do what they list then our Author leaves them as he found them and has done nothing at all but if these Freemen be subject to their Trustee so far as he apprehends it fit and necessary for the good of the Commonwealth then I believe we shall finde them as very slaves as any our Author Ground 9. makes So that after all this ado our Author has made a multitude of slaves or he has made nothing at all And thus hath our Author endeavored to shew why men desire to live in Community viz. By having nothing common at all The Eighth GROUND Of the Authority given to an Absolute Governor and of Vnder-sorts of Government Author NOw comes our Author with a dog in a line his Absolute Governor tyed up to certain Laws and Limits which he has no right to transgress Observ What is this our Authors Absolute Governor Why the Roman Dictator was worth ten of this for he had power of life and death of disposing of all Offices at his own will and pleasure without the controlment of any either Senate or People Consul or Tribune and this power to continue during the exigence and danger of the Commonwealth Yet so far was the Dictator from being an absolute Governor that he was the while but a Minister of the Peoples which was plain in Fabius Maximus for Plutar. in vita Fabii Liv. lib. 22. though he were chosen Dictator yet during the danger of the Common-wealth the People made Minutius equal to him And so was the Athenian Archon who though chosen for Ten years and called a Judge and chiefest of power in the Commonwealth yet as Bodin observes cap. 8. fol. 80. de repub was not the Majesty of the Commonwealth in him but he a Provider and Procurator of the People and was bound to give an account of his Government And the reason why the Dictator and Archon were not absolute Governors is plain because this power was not immediately in them from God but delegate and constituted from another And any power that makes any thing may alter it for Unumquodque dissolvi potest eo ligamine quo ligatum est Well but let us see what manner of beast our Authors Absolute Governor is Why our Author tells you he is an Absolute Governor but restrained and tied up to certain Laws and Limits Which is a contradiction and impossible for in being absolute he is freed from all Laws and Limitations And now I will tell our Author that if his absolute Governor be tied up to any humane Limits or Laws he has so little power that it is impossible for him to protect and defend his rational people For suppose the Laws he is restrained to be as many as are contained in the body of the Civil Law our Statutes and all the Acts and Ordinances made since 1641. and twenty times more yet would not this be sufficient for an absolute Governor For all these are finite and mens actions are infinite and therefore Enemies may find out such ways to invade this free people as this absolute Governor cannot find in his Laws where he has power to oppose them and so this rational freeborn people must be left destitute if any Enemy may be found who can outwit them and find a way to oppress them out of the Laws and Limits which they have given their absolute Governor And who will desire any greater advantage against another then to have him look always one way or what Enemy desires more against another then against such a one whose absolute Governor is tied up to certain Instructions and those known to themselves And Laws are things which must be in esse And how can any man tell to day what may happen to morrow but Princes must to morrow and next day and every day steer their course according as the wind and storms shoals and deeps c. represent themselves which no man can possibly foresee Well let us see what the restriction of any one thing in the Supream Prince may bring upon himself and Subjects Let us look upon a King of England after the Act of Parliament De tallagio non concedendo an Act of Parliament is the Act of the King in Parliament As when the Lords and Commons present any Bill to the King and he passes it this is an Act of Parliament which is no more a Law of the Lords and Commons then the Laws passed at the Petition or Rogation of Coelius Cassius Sempronius c. were the Laws of Coelius Cassius and Sempronius And let every King expect that whatsoever the Subject can get of the King by hook or crook he will hold that as fast as the King shall any flower he leaves in his Crown Well then if Edward the First will not pass this Law he gets not a groat of his Subjects in England towards the relief of his oppressed Subjects of Aquitain in France which Sir Edward Coke in his Comment upon this Statute observes Well then the Scots in the year One thousand six hundred and forty having-transgressed all Laws of God and Humanity as well as the Borders and Bounds of their own Countrey raise Arms the second time and make an invasion upon us and seise upon Berwick and Newcastle but though the Kings hands were tyed up yet the Divine Vengeance of Heaven shall overtake them and their Countrey by a hand they could so little fear as I believe few of them knew whether there were any such or no. And now oh you who have not forced all mankinde from Humane brests come and stand amazed with horror for the most deplorable condition of the most Pious the most Religious the most Just the most Chaste Vertuous and Serenest Prince that ever swayed the English Scepter and not to be parallel'd by any Countrey whatsoever The Scots having invaded this Nation to treat with them a second time was too too much an indignity for their Natural Soveraign besides it was an affront not to be endured by the Englishmen That their Countrey must be made a prey to such Locusts and Caterpillers whensoever they will pretend grievance in Kirk and Discipline To restrain them by force it could not be without raising money By this Statute the King they say can raise none but by Parliament and to call a Parliament in this mad conjuncture of times was judged by himself and Council to be a means to increase the power of the Scots by the Parliaments joyning with them to the endangering himself and his Posterity Well then what is to be done what stand still and look on while these hungry Vermine devour and make a prey of his afflicted Subjects No the King to make his goodness appear above his own danger calls a Parliament where not deceived in his
an Englishman or thus deny it let him take eleven and he be the twelfth c. Of Homicides by men Ordained Cap. 73. If a Bishop kill a man let it be recorded and let him repent twelve years seven years in bread and water and five let him fast three days in a week and on others let him use common sustenance If a Priest kill a man or a Monk let him lose his Order and repent ten years six in bread and water and four let him fast three days in a week on others let him use his meat If a Presbyter wound a man let him fast one hundred day If a Deacon kill a man let him be degraded and repent seven years four in bread and water and three let him fast three days in a week upon other let him use common meat If a Clerk shall kill a man let him repent six years four in bread and water two years three days in the week If a Laick kill a man let him repent five years three in bread and water and two years let him fast three days in the week If a man kill a man in Orders or his neighbor let him depart out of his Countrey and go to Rome and make the Pope and his Councel let him in like maner repent of Adultery or Fornication or lying with a Nun. These Laws are likewise set out by Mr. Abraham Whelock in the Appendix to his History of Bede Sir Ed. Coke Candrys Case says Henry the first did Ordain Anno 16. Regni sui as well in regard of his Ecclesiastical as Regal power that whensoever the Abbot of Reading shall die that all the Possessions do remain entire and free But how this should make any thing for the Kings Ecclesiastical Right in all Cases I do not understand for this Ordinance was onely concerning the Possessions of the Abbey and it is no Question but all the Bishopricks as well as Abbeys were originally of the Kings foundation and it appears by the Margent that the King was the particular Founder of this Abby what then hinders but that the King might dispose of the Revenues as he should think fit without having any Ghostly power in him Ecclesiastical Laws made by Henry the third Magna Charta FIrst we have granted to God and by this our present Chapter have confirmed Cap. 1. for us and our heirs for ever that the Church of England shall be free and shall enjoy all her whole Rights and Liberties inviolable Reserves to all Archbishops Bishops Abbots Priors Templars Hospitalers Cap. 38. According to Sir Edward Coke Inst 2. yet the Statute-book in large divides this Act but into thirty seven Chapters and all persons Ecclesiastical all their free Liberties which they have had in time passed and all these Customs and Liberties aforesaid which we have granted to be holden within this Realm as much as appertains to us and our heirs we shall observe And all men as well Spiritual as Temporal as much as in them is shall observe the fame against all persons likewise And for this our Gift and Grant of these Liberties and of other contained in our Charter of Liberties of our Forest Archbishops Bishops Abbots Priors Earls Barons Knights Freeholders and other our Subjects have given to us the fifteenth part of their moveables and we have granted to them on the other part that neither we nor our heirs shall procure or do any thing whereby the Liberty in this Charter contained shall be infringed or broken And if any thing be procured by any person contrary to the premisses it shall be of no force nor effect In the Reign of Hen. 3. Cawdries Case 3 H. 3. tit Proh 13. 4 H. 3. c. In all the time of Henry 3. and his Progenitors Kings of England and ever since if any man did sue afore any Judge Ecclesiastical within the Realm for any thing whereof that Court by allowance and custom had not any lawful cognisance the King did ever by his Writ under the Great Seal prohibit them to proceed Answ It is true indeed that not only Probate of Testaments but Cognisance of Tythes Granting of Letters of Administration Mortuaries Pensions Reparation of Churches do not belong to Ecclesiastical cognisance by any Divine positive institution but by allowance and custom of England And if all Customs suppose some Grant originally from Supreme humane Powers then what hinders but that the King might prohibit any Judge Ecclesiastical within the Realm for any thing whereof that Court by allowance and custom had not lawful conusance for Cujus est velle ejus est nolle And if the suggestion made to the Plea King whereupon the Prohibition was grounded were after found untrue then the King by his Writ of Consultation under the Great Seal did allow and permit them to proceed Also in all the Reign of H. 3. and his Progenitors Kings of England if any Issue were joyned upon Loyalty of Marriage General Bastardy or such like the King did ever write to the Bishop of the Diocese as Mediate Officer and Minister of his Court to certifie the Loyalty of the Marriage Bastardy or such like All which prove that those Courts were under the Kings jurisdiction and commandment It is true that not only all Courts and planting of Christianity were originally by the Kings command or permission but the persons of all men within the Realm are in his power And Marriage and Bastardy being so essential and whereupon the strength of mens estates and inheritances do depend what hinders the King to write to the Bishop to certifie the Loyalty of the Marriage And if it pleases him to do it as his mediate officer who shall contradict is Well let it be granted the Kings of England in cases of Bastardy and Loyal Matrimony have written to the Bishop of the Diocese as his mediate officer yet it will not follow that the Bishop is the Kings mediate officer in all things and cases which relate to his Episcopal function and jurisdiction Ecclesiastical Laws made by Edward the First THe King willeth that the peace of the holy Church be maintained in Stat. West an 3. Ed. 1. 1275. all points and that Religious Houses shall not be overcharged nor any Purveyance be made of any Prelate without the owners consent They who shall offend and be thereof attainted shall be committed to the Kings prison and after shall make fine and be punished according to the quantity and manner of the trespass and after as the King in his Court shall think fit c. It is provided also That when any Clerk is taken for guilty of felony Cap. 1. and is demanded by the Ordinary he shall be delivered to him according to the priviledge of the holy Church on such peril as belongeth to it after the custom aforetimes used And the King admonisheth the Prelates and enjoineth them upon the faith that they ow to him and for the common profit and
Court in the conusance of Heresie but onely for the punishment of Heresie adjudged in the Ecclesiastical Court and all men know that it is the Temporal not Ecclesiastical power although it may be executed or pronounced by Ecclesiastical persons that punisheth men for Spiritual Crimes The Pope cannot alter the Laws of England The Judges say that the Statutes which restrain the Popes provisions 11 H. 4. 37. 11 H. 4. fol. 69. 76. to the Benefices of the Advowsons of Spiritual men were made for that the Spiritual durst not in their just Cause say against the Popes provisions so as those Statutes were made in affirmance of the common Law Excommunication made by the Pope is of no force in England and the same being certified by the Pope into any Court in England ought not to 14 H. 4. fol. 14 c. be allowed neither is any Certificate of any Excommunication available in Law but that which is made by some Bishop in England for the Bishops are by the common Laws the immediate Officers and Ministers of Justice to the Kings Court in Causes Ecclesiastical If any Bishop do Excommunicate any person for a cause that belongeth 14 H. 4. 14. not to him the King may write to the Bishop and command him to assoyl and absolve the party If any person of Religion obtain of the Bishop of Rome to be exempt St. 2. H. 4. Cap. 3. from obedience regular or ordinary he is in case of a Premunire which is an offence as hath been said contra Regem coronam dignitatem ejus Upon complaint of the Commons of the horrible mischiefs and damnable customs which there were introduced by the Church of Rome that no St 6. H. 4. Cap. 1. person Abbot or other should have any provisions of Archbishoprick or Bishoprick which should be void till he had compounded with the Popes Chamber to pay great and excessive sums of money as well for the first fruites of the same Archbishoprick or Bishoprick as for the other less services in the said Court and that the said sums or greater part thereof be paid beforehand which sums passed the double or treble of that that was accustomed of old time to be paid c. It was therefore Enacted That they and every of them that did pay greater sums then had of old time been accustomed to be paid into the said Chamber should incur the forfeiture of as much as they may forfeit to the King No person Religious or Secular of what estate or condition that he St 7. H. 4. Cap. 6. were by colour of any Bulls containing Priviledges to be discharged of Tythes appertaining to Parish-Churches Prebends Hospitals Vicaredges Purchased before the first year of King R. 2. or after not executed should put in execution anysuch Bills so Purchased or any such Bulls to be Purchased in time to come upon pain of a Premunire In the Reign of Hen. 5. In an Act of Parliament made in the third year of Henry 5. it is Declared 〈…〉 H. 5. â—â—â— 4. â— That whereas in the time of H. 4. father to the said King the seventh year of his Reign to eschew many discords and debates and divers other mischiefs which were like to arise and happen because of many provisions then made or to be made by the Pope and also of licence thereupon granted by the said King among other things it was Ordained and Established That no such Licence or Pardon so granted before the same Ordinance or afterwards to be granted shall be available to any Benefice full of any Incumbent at the day of the date of such Licence or Pardon granted Nevertheless divers persons having provisions of the Pope of divers Benefices in England and elsewhere and Licenses Royal to execute the same Provisions have by colour of the same Provisions Licenses and acceptations of the said Benefices subtilly excluded divers persons of their Benefies in which they had been incumbents by a long season of the collation of the very Patrons Spiritual to whom duely made to their intent to the final destruction and enervation of the Estates of the same Incumbents The King willing to avoid such mischiefs hath Ordained and Established That all the Incumbents of every benefice of Holy Church of the Patronage Collation or presentation of Spiritual Patrons may quietly and peaceably enjoy their said Benefices without being inquieted molested or any way grieved by any colour of such provisions licencies and acceptations and that all licences and pardons upon and by such provisions made in any manner should be void and of no valour and if any feel himself grieved molested or inquieted in any wise from henceforth by any by colour of such provisions licenses pardons or acceptations that the same molesters grievers or inquesters and every of them have and incur the pains and punishments contained in the Statutes of Provisors before that time H. 4. St. 2 H. 5. Cap. 7. Lollardy Was made for extirpation of Heresie and Lollardy whereby full power and authority was given to the Justices of Peace and Justices of Assize to enquire of those that hold Errors Heresies or Lollardry and of their maintainers c. and that the Sheriff or other Officer c. may Arrest and apprehend them A man should undertake a very hard task that goes about to maintain that all Humane Laws did never transgress their limits nor encroach upon things that were not properly in their conusance and this Law ill suits with the temper of these times The King by consent of Parliament giveth power to Ordinaries to enquire St. 2 H. 5. Cap. 1. of the Foundation Erection and Governance of Hospitals other then such as be of the Kings Foundation and thereupon to make correction and reformation according to the Ecclesiastical Law nor could any other Power grant such Ordinances In the Reign of Henry the sixth 8 H. 6. fol. 3. Excommunication made and certified by the Pope is of no force to disable any man within England and this is by the ancient Common Laws before any Statute was made concerning forein Jurisdiction The King onely may grant or licence to Found a Spiritual Corporation 9 H. 6. fol. 16. The Pope wrote Letters in derogation of the King and his Regality 1 H. 6. fol. 1â— and the Church-men durst not speak against them but Humfrey Duke of Glocester for their safe keeping put them into the fire In the Reign of Edward the fourth The Pope in the Reign of King Ed. 4. granted to the Prior of St. Johns H. 7. f. 20. to have Sanctuary within his Priory and this was pleaded and claimed by the Prior but it was resolved by the Judges that the Pope had no power to grant any Sanctuary within this Realm and therefore by Judgement of Law it ought to be disallowed There it appeareth that the opinion of the Kings Bench had been oftentimes Ed. 4. 3. that if one Spirital
this Act shall be certified into the Chancery by such Parties before whom the same shall be made within three moneths after such submission upon pain of forfeiture of 100 l. for every such offence to the Queen If any person so submitting himself shall within 10. years after come within 10. miles of the place where her Majesty shall be without speciall licence had from her Majesty under her hand that then such person to have no benefit of such submission Enacts That every Feofment Gift Grant Conveyance Alienation Estate Stat. 29 Eliz. cap. 6. Lease Encumbrance Limitation of use of or out of any Lands Tenements Hereditaments whatsoever had or made since the beginning of the Queens Reign or after by any person who had not repaired or shall not repair to some Church Chappel or usuall place of Common-prayer or which is or shall be revokable at the pleasure of such offendor or in any wise directly or indirectly intended or meant to or for the behoofe or disposition of such offendor or in consideration whereby his Family may be maintained shall be deemed and taken for utterly void c. Every conviction heretofore recorded for any offence before mentioned not already estreated or certified into the Queens Court of Exchequer shall from the Justices before whom the record of such conviction shall be remaining be estreated and certified into the Exchequer before the end of the next Easter Term in such convenient certainty for the time and other circumstances as the Court may thereupon award out processe for seisure of the Lands and Goods of every such offendor as hath not paid their forfeitures according to Statutes in such case provided And every conviction hereafter for any offence before mentioned shall be in the Court called the Kings Bench or at the Assises or generall Goal-delivery and not elsewhere and shall from the Justices before whom the Record of such conviction shall remain be estreated and certified into the Exchequer before the end of the Term next ensuing after every such conviction in such convenient certainty as is aforesaid Every offendor in not repairing to Divine Service and hath been heretofore convict and not made his submission and been conformable according to the true intent of this Statute shall without other indictment or conviction pay into the receipt of the Exchequer all such summes of money as according to the rate of twenty pounds for every moneth since the same conviction in manner following viz. one Moity before the end of Trinity Term the other Moity before the end of Hilary Term or at such other times as the Lord Treasurer Chancellor and Chief Baron or any two of them shall by composition upon good security be limitted before the end of the said Trinity Term if any such composition shall happen to be And shall also in every Easter and Michaelmas Term untill such time as the same person do make such submission pay into the Exchequer 20 l. for every moneth which shall incur in all that mean time For default of Payment of the said 20 l. a moneth in every Easter and Michaelmas Term after such conviction the Queen by processe out of the said Exchequer may take seize and enjoy all the Goods and two parts as well of all the Lands and Tenements c. of such offendor as of all other Lands and Tenements liable to such seisure by the true intent of this Act leaving only a third part for the reliefe of the offender his Wife Children and Family For the more speedy conviction of such offendor the Indictment shall be sufficient although it be not mentioned that the offendor was or is inhabiting within the Realm of England or any other of the Queens Dominions But if it shall happen that any such offendor were not within any of the Queens Dominions that in such case the party shall be relieved by plea to be put in in that behalf and not otherwise And upon Indictment a Proclamation shall be made the same Assises or Goal-delivery that the party indicted shall yeeld his body to the Sheriff and if at next Assises or Goal-delivery the said party shall not make appearance of Record that then such default shall be deemed a sufficient conviction in Law If any such offendor shall make submission and become conformable according to the form of the Statute made in the 23 of Eliz. or shall fortune to die that then no forfeiture of 20 l. a moneth nor seisure of Lands from and after such submission and conformity or death and full satisfaction of all arrearages of 20 l. monethly before such seisure due or payable shall ensue or be continued against such offendor so long as he shall continue in coming to divine Service according to the intent of the Statute The Lord Treasurer of England Chancellor and chief Baron or any two of them may assigne and dispose of the full third part of the twenty pounds for every moneth paid into the receipt of the Exchequer towards the relief of the Poor of Houses of correction and of impotent and maimed Souldiers This Act or any thing contained in it doth not in any wise extend to make void or impeach any Grant or Lease made bonâ fide without fraud or covin and not revocable at the will and pleasure of the offendor This Act or any thing contained therein shall not in any wise be construed to continue any seisure of any Lands or Tenements of such offendor in her Majesties hands after the said offendors death which Lands or Tenements he shall have or be seised of only for term of life or in right of his wife For the preventing of such great inconveniences and perils as may happen Stat. Anno 35 Eliz. cap. D. and grow by the wicked practices of seditious Sectaries and disloyall persons it was enacted That every person above sixteen years of age that shall obstinately refuse to come to Divine Service established by Law and shall forbear the same by the space of a moneth without lawfull excuse or shall at any time after fourty dayes after the Session of that Parliament by word or writing advisedly goe about to move or perswade any of the Queens Subjects or any other within her Realms or Dominions to deny or withstand her Majesties power or authority in causes Ecclesiasticall united and annexed to the Imperiall Crown of this Realm or shall advisedly perswade any person to forbear coming to Church to hear Divine Service established or to come to or be present at any unlawfull Assemblies Conventicles c. upon pretence of Religion contrary to the established Lawes Or if any person shall obstinately refuse to repair to some usuall place of Common-prayer and shall forbear to hear Divine Service by the space of a moneth or shall after fourty daies willingly joyn in any such Assemblies Conventicles c. under colour of exercising Religion contrary to the Laws of this Realm That every person so offending and being thereof lawfully