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A49305 An appeal to the conscience of a fanatick shewing that the King of England, by the fundamental laws of it, is as absolute and independent a monarch as any of the kings mentioned in Scripture, and consequently, as free as any of them from any humane coactive power to punish, censure, or dethrone him : whereunto is added, a short view of the laws both foreign and domestick, against seditious conventicles / by a barrister at law. Lane, Bartholomew. 1684 (1684) Wing L328; ESTC R10926 17,115 31

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AN APPEAL TO THE CONSCIENCE OF A FANATICK SHEWING That the KING of ENGLAND by the Fundamental Laws of it is as absolute and Independent a Monarch as any of the Kings mentioned in Scripture and consequently as free as any of them from any Humane Coactive Power to Punish Censure or Dethrone him Whereunto is added A Short view of the Laws both Foreign and Domestick against Seditious Conventicles By a Barrister at Law LONDON Printed by J. G. for John Walthoe at the Black-Lyon in Chancery-Lane overagainst Lincolns-Inn 1684. AN APPEAL TO THE CONSCIENCE OF A Fanatick c. SIR YOurs I have received wherein you are pleased to signify that you have shown the several Tracts which have been lately written and exposed to publick View in defence of the Doctrine of Non-resistance to some of your Neighbors who are much inclined to Fanaticism and they say upon perusal of them that though they should grant to our Church-men what they have endeavoured to prove out of Scripture Viz. The unlawfullness of Subjects taking up Arms against their Sovereign in what Case soever yet they fancy that the King of England is not such a King as the Scriptures mention It is say you an Evasion they much boast of whensoever they read any pieces of this nature What is all this to us who Live not under such a King as the Holy Scriptures makes mention of Well ●●●ing that this Evasion is the Diana they so much vaunt or I am resolved out of the Zeal and Love I bear my King and Country and for the prevention of another Rebellion having been sufficiently sensible of the dire and calamitous Effects of the former to set forth the excellent and sweet agreement which the Municipal Laws of this Realm have with the Laws of God in this particular affirming That the King of England is such a King as the Scriptures mention and that in a fourfold Respect In Respect 1. Of his Right to the Crown 2. Of his Authority and Power 3. Of his Charge and Duty 4. Of the Rendring of his Account 1st The King of England 's Right to the Crown is by Birth Descent or Hereditary Succession And this shall be apparanted in these four particularities First By that part of the Oath of Allegiance which is used in every Leet You shall swear that from this day forward Co. Lib. 7. Calvin's Case you shall be true and faithful to our Sovereign Lord King Charles and his Heirs which demonstrates the Descent And by the by I presume it will not be amiss to present to our Fanaticks the whole scope and aim of this Oath of Allegiance as it is expressed in the Laws and Constitutions of our King William the First Statuimus ut omnes Liberi Homines faedere Sacramento affirment quod intra extra universum Regnum Angliae quod olim vocabatur Regnum Britanniae Willielmo Regi Domino suo fideles esse volunt Terras Honores illius omni fidelitate ubique servare cum eo contra inimicos alienigenas defendere Lex 52. De fide obsequio erga Regem Add hereto another Constitution of the Conqueror whereby all subjects are commanded ut Jura Regia illaesa servare pro viribus Conentur Statuimus etiam firmiter praecipimus ut omnes Liberi homines totius Regni nostri praedicti sint fratres Conjurati ad Monarchiam nostram ad Regnum Nostrum pro viribus suis facultatibus contra inimicos pro posse suo defendendum viriliter servandum Pacem dignitatem Coronae nostrae integram observandam Lex 59. Both which Laws and many others enacted and granted by the Conqueror were observed and kept in the Reign of King Edward the Confessor Secondly For that we do our Ligeance to the King in his natural Capacity that is as he is Charles the Son and Heir apparent of King Charles the Glorious and Royal Martyr For Ligeance or Homage cannot be done to the King in his Politick capacity Coke Lib. 7. Calvin's Case for so the Body of the King is invisible If this be true Law as it is what shall we judge then of the new Coined distinction to make a difference betwixt the King and his Authority betwixt his Personal Will and his Royal and Authoritative Will to pursue the late Kings Person with a Cannon-Bullet at Edge-hill and to preserve his Authority at London or elsewhere I am sure 't is Evident by the 25. E. 3. C. 2. De proditionibus that it is High-Treason to compasse the Kings Death by which must be meant to endeavour his Personal ruine because the Regal Authority never dies in England Oh Fanaticks take heed then for the future of New-coined distinctions take heed of the cunning Wiles and Sleights of the Jesuits There is no Wickedness but hath some excuse In that great Insurrection in Richard the Seconds time the Commons had a fair pretence Their Intent was as they said to abollish the Law of Velleinage and Servitude and to slay the Corrupt Judges And they took an Oath forsooth to be true to the King and Commons and that they would take nothing but what they paid for and they punished all Theft with death yet in the Parliament of 5. R. 2. N. 3 and 32. They were adjudged Traytors The Earls of Northumberland and Westmerland in the Reign of Queen Elizabeth could in the Queens Name command the Country to follow them in Arms sometimes pretending the safety of Her Majesties Person in danger they said by Treasons in working And sometimes in case of Conscience for restoring their former Religion And in this Zeal they hasted to Durrham Minster where they tare the Bible and Communion Book and such other things as there were saith Stow in great Contempt Yet these were mere Rebels and Traytors Speed Lib. 9. Cap. 24. Wherefore examine search diligently into the Cause every thing is not as it seems All is not Gold that Glisters I beseech you to look before you leap into Rebellion that Sin of Witch-craft Thirdly It is expresly affirm'd in the Case of Calvin That the King holds the Kingdom of England by Birth-Right Inherent by Descent from the Blood-Royal Co. Lib. 7 Calvin's Cases whereupon Succession doth attend and therefore it is usually said To the King his Heirs and Successors wherein Heirs is first named and Successors attendant upon Heirs but the Title is by Descent By Queen Elizabeth's Death the Crown and Kingdom of England descended to King James and from him to King Charles the First and from him to the King that now is and they were fully and absolutely thereby Kings without any essential Ceremony or Act to be done Ex post facto And by the way how inseparable this Right of descent is from the next in Blood you may see in H. 4. who though he was also of the Blood-Royal and had the Crown resigned unto him from R. 2. and confirmed by Act of Parliament
Texts of Law we are informed that unlawful Colledges Corporations and Assemblies gathered together to bad uses as to Eating Drinking Wantonness Conspiracy are punished as publick Routs and Riots Thus much for the Digests I come now to what is said of Conventicles in those parts of the Civil Law we call the Codes the Novels and the Feuds In the Code of the Emperour Justinian Cod. 1.3.15 de illicitis conventiculis you have this Text of Law Conventicula illicita etiam extra Ecclesiam in privatis aedibus celebrari prohibemus proscriptionis domus periculo imminente si dominus ejus in ea Clericos nova ac tumultuosa Conventicula extra Ecclesiam celebrantes susceperit For more of this matter of Conventicles the Reader may at leisure see Cod. 1.12.5 Cod. 1.5.6 and 8. In the Novels it is declared That the sacred Mysteries or Ministeries be not done in private Houses but be celebrated in publick places least thereby things be done contrary to the Catholick and Apostolick Faith unless they call to the celebrating of the same such Clerks of whose Faith and Conformity there is no doubt made or those that are deputed thereunto by the good will of the Bishop But places to pray in every man may have in his own House if any thing be done to the contrary the House wherein these things are done shall be confiscated and themselves shall be punished at the discretion of the Prince In the Feuds it is deereed thus Feudorum lib. 2. Tit. 53. Conventicula quoque in Civitatibus Omnesque Conjurationes extra etiam occasione parentelae inter Civitatem Civitatem inter personam personam sive inter Civitatem personam modis omnibus fieri prohibemus Et in preteritum factas Cassamus singulis conjuratorum paena unius Librae auri puniendis Episcopos vero Locorum Ecclesiastica censura violatores hujus sanctionis donec ad satisfactionem veniant voluimus coercere Receptoribus etiam malefactorum qui praedictam pacem violeverint praedam ementibus nostram indignationem subituris ejusdem paenis feriendis Praeterea bona ejus publicentur domus ejus destruatur By this edict it appears that Domus ubi conventicula aut Conspirationes fiunt confiscatur Receptans violatorem Legis pari cum eo paena punietur The House where Conventicles or Conspiracies are made is to be confiscated and he who receives any offender against this Law must be lyable with him to the same Punishment Thus much of the Foreign Edicts made against Conventicles and unlawful Assemblies I pass on to give an account what Laws Canons and Constitutions have been ordained both in the Church and State of England for the preventing and suppressing of the Conventicles of Sectaries And we begin with the Laws enacted in the Reign of Queen Elizabeth in whose name our Whiggs pretend to cast out of the Kingdom those Devils the Jesuits c. but will not observe one tittle of her Laws and Constitions made for the better Government of the Church and State In the 35th year of the Queens Reign are enacted two Laws The first is for the punishment of those persons that obstinately refuse to come to Church and perswade others to impugne the Queens Authority in Ecclesiastical Causes c. For what end this Punishment and for what persons intended the preamble of the same Statute demonstrates It is For the preventing and avoiding of such inconveniences and perills as might happen and grow by the wicked and dangerous practices of Seditious Sectaries and disloyal Persons The Second Law is 35 Eliz. c. 2. to impose a penalty on a Convicted Popish-Recusant removing above five Miles from the House c. And for what end the penalty is imposed and what persons are meant by this Law the preamble thereof will inform us It is for the better discovering and avoiding of such Trayterous and most dangerous Conspiracies and Attempts as are daily devised and practised against the Queens Majesty and the happy Estate of this Common Wealth by sundry wicked and Seditious persons who terming themselves Catholicks and being indeed Spies and Intelligencers not only for her Majesties Foreign Enemies but also for Rebellious and Traytorous Subjects Born within her Realms and Dominions and hiding their most detestable and divilish purposes under a false pretext of Religion and Conscience do secretly wander and shift from place to place within this Realm to corrupt her Majesties Subjects and to stir them to Sedition and Rebellion From the Reign of Queen Elizabeth we come to that of King James In 1. Jacobi Regis Anno 1603. there is a Canon and Constitution whereby maintainers of Conventicles are censured the words of the Canon are these Whosoever shall hereafter affirm or maintain that there are within this Realm other Meetings Canon 11. Assemblies or Congregations of the Kings born Subjects then such as by the Laws of the Land are held and allowed which may rightly Challenge to themselves the name of True and Lawful Churches Let him be Excommunicated and not restored but by the Arch-Bishop after his Repentance and publick Revocation of such his wicked Errors And as the maintainers of Conventicles are censured so against the maintainers of Constitutions made in Conventicles there is ordained a Canon which is the 12th The words whereof are as follow Whosoever shall hereafter affirm Canon 12. that it is Lawful for any sort of Ministers and Lay-persons or either of them to joyn together and make Rules Orders or Constitutions in Causes Ecclesiastical without the Kings Authority and shall submit themselves to be Ruled and Governed by them Let them be excommunicated ipso facto and not be restored until they Repent and publickly revoke those their wicked and Anabaptistical errors Add hereto a Third Canon against Ministers holding private Conventicles the very words whereof are these For as much as all Conventicles Canon 73. and secret Meetings of Priests and Ministers have been ever justly accounted very hurtful to the state of the Church wherein they live we do now Ordain and Constitute That no Priests or Ministers of the Word of God nor any other persons shall meet together in any private House or elsewhere to consult upon any matter or course to be taken by them or upon their motion or direction by any other which may any way tend to the impeachment or depravation of the Doctrine of the Church of England or of the Book of Common-Prayer or of any part of the Government and Discipline now established in the Church of England under pain of Excommunication ipso facto From King James's Reign I descend to that of the Royal Martyr King Charles the First by whose License and Authority there was a Constitution and Canon Ecclesiastical framed and agreed upon in the several Synods held at London and York Anno 1640 against Sectaries And it is this Whereas there is a Provision now made by a Canon