have reference to Subjects who are born Diversity in Hereditary Monarchies for in Aristocracies and Democracies there neither is or ever was any original right or power in them but their Conventions do necessarily depend upon an antecedent act of them or the major part of them to meet at a certain time and place Where therefore such Assemblies are dissolved sine die they are totally dissolved however this dissolution happens nor does any man owe them obedience any longer but his or their title who next possesseth is good enough against them and all others who cannot make a superior or more just claim Nor can this have any reference to men born in Elective Monarchies for the Election depending upon the wills of men viz. the Electors who originally had no right of Election any Possession brought in against such Election by the will of man is title equivalent to it nor do Subjects in conscience owe obedience but to him who is possest or can make a superior claim by a true descent from him against whom no just title can be taken 10. Bodin in his Republique makes a Quaere Whether it were better Wherein consists the liberty of the Subject for Subjects ro be governed by few Laws with a reservation in the breast of the Judge or some special Court to redress extraordinary abuses which cannot be comprehended in the Laws or so to multiply Laws that no man should be punished where he could evade the Laws And determines for the former and the reason he gives is That Laws be they never so many are finite but mens actions are infinite and therefore though never so many Laws be made yet may men find evasions out of them to abuse and wrong other men whereby this multiplicity of Laws will rather ensnare other men than avoid the end for which they were intended It is a folly much incident to Englishmen that they place not only Freedom in serving many Masters but Liberty in many Laws Let any man take a survey of the Statute-Laws and Ordinances made since Henry the Eighth his dissolution of Monasteries to this year 1660. and see if they be not four times more than all the Acts made before only to the liberty of the Lawyers Fees for the ensnaring of the Subjects it being no doubt the greatest liberty of the Subject to be governed by few Laws and these the same in all places if it were possible 11. The power of Parents being from the law of nature Childrens Of subjection of children to parents subjection to them is due from the law of nature Solon having written the Athenian laws being asked why he did decree no punishment upon him who should kill his Parent answered There was no man so detestable as to think to do such an act He therefore did wisely not to make any law against that which was never heard of lest by doing so he should not so much forbid as admonish Children to it And what a curse did Canaan contract upon himself for but discovering his Fathers nakedness Gen. 9. 25. And no question Gods blessings and cursings are never more efficaciously pronounced than out of the mouths of Parents And To honor thy father and mother is the first Precept to which there is a promise of reward annexed viz. That thy days may be long in the land c. 12. Although the power of Masters over their Servants be created by Of servants to their masters positive humane laws and therefore subjection of Servants to their Masters is caused by humane laws Yet does not this exclude the obedience and subjection which is due from Servants to their Masters by the law of nature and Divine positive laws but Divine laws do include the subjection due from Servants to their Masters in thesi or general and the laws of every Country ex hypothesi or particular As Thou shalt not steal is from the law of Nature but that the doing of such a thing is Theft depends upon the particular laws or usages of every Nation And no question but Servants generally when the Apostles wrote were no other than Slaves over whom their Masters had not only absolute dominion of whatsoever was theirs but also power of life and death and that by no consent or submission of theirs And if such Servants ought to count their Masters worthy of all honor how 1 Tim. 6. 1. much more ought Servants to thank God and willingly to serve and honor such Masters who not only command over them not against their consents but also command such things as they may easily perform 13. Although this subjection be last in expression yet it is first in Of subjection to Ecclesiastical powers intention For if this subjection or obedience had not been due before any obedience to Temporal commands how could the Primitive Christians have met in dens and caves in daily Prayers and Breaking of bread whenas Temporal powers did not only not permit but forbid it Nor did God ever shew such terrible vengeance upon any disobedience and presumption as he did upon Corah Dathan and Abiram Num. 16. and their Competitors although their pretences were very fair forsooth That all the multitude were holy every one among them and the Lord was among them and Moses and Aaron did lift up themselves against the congregation of the Lord They though none of the tribe of Levi nor separated persons could offer sacrifice and burn incense to the Lord as well as Aaron or any Priest And no doubt but spiritual crimes are in their kind much worse and displeasing to God than carnal whatsoever offenders do pretend And let us see what manner of men these pretended Reformers are which teach otherwise and consent not to the wholsom words even to the words of our Lord Jesus Christ and to the doctrine which is according to godliness They are proud knowing nothing but doting about questions and strife of words 1 Tim. 6. 3 4 5. from whence cometh envy strife railings evil surmisings perverse disputings of men of corrupt minds and destitute of the truth supposing that gain is godliness from such withdraw thy self O my soul enter not into their secrets 14. In all Humane Society or Society which is created by the law of Diversity Nature viz. of Supreme Powers and Subjects of Husband and Wife of Parents and Children the relations are indissolvible only by God in those individual persons in whom the offices are nor can they be aliened transferred either by any act of themselves or any power else All Society created by Humane laws or Legal Society is alienable not only by the act of God and by the Laws which created it for Unumquodque dissolvi potest eo ligamine quo ligatum est But also by the act of the Master and Servant for Omnis consensus tollit errorem Christian Society does differ from either Humane or Legal for though the cause of Christian power be by Divine positive
unless the King shall forgive it But if any one shall ever hereafter break the peace of the Church of God so as he kill a man within the walls of a Church let it be inexpiable and all men for the love of God persecute him as an enemy unless he flee from thence to some Asylum that the King may suffer him to enjoy his life after he had abundantly given recompence to God and man Which if he shall do and pay to Christ and the King the price of his head then let him be inlawed And then if he go about to make compensation and the King suffer it let him pay the whole mulct of the Church which is in the name of the breach of the Kings peace and purge the Church and be ready to perform what is meet to the Kindred and Lord of him who is killed and be very diligent to return into Gods favor 3. And if any man break the peace of the Church and do not kill any man let him make compensation according to the nature of the crime whether he did strike or stole or committed any other wickedness First then let the mulct be paid according to the nature of the crime and the excellency of the Church For there is not one and the same terrene dignity of all Churches although all are of the same Divine consecration Those crimes which may be expiated if done in a Mother-church let them pacifie the King that is with five pounds in English money and a Middle-church with an hundred and twenty shillings and that is the Kings fine and if it be a lesser where there is little Service and hath a church-yard with sixty shillings and if a Field-church without a church-yard with thirty shillings 4. All Christian men ought principally to be very careful that Gods Holiness and Orders and Places consecrated to him be religiously observed and to give a due respect to every degree For let them understand that will or can much and more is it that the Priest hath to do for the benefit of the people if he rightly consider it much is the Supplications and more is the Consecrations by which in consecrating Baptism and the Eucharist the Devil is beaten and driven back and Angels do incompass holy things and defend their deeds and through Gods power the Priest does sustain them as often as he does truly serve Christ That is it they do all the while the Priest doth from his soul beg of Christ and earnestly request of him those things which are necessary for the life of the people They therefore for the fear of God ought to be preferred in dignity before other men 5. And if any man accuse a Priest Regular and he is conscious of no such crime let him celebrate the Mass and take the Eucharist thereon if he fear not to do it and it shall free him from the calumny of one man But if there be a threefold accusation having taken the Eucharist if he presume to do it and having joined himself to two of his Order let him blot out all suspition of the supposed crime If any one shall accuse a Deacon being a Regular of a crime by a single testimony the Deacon conjoining himself with two of his Order may free himself from the crime But if there be a threefold accusation against him the Elders of that Order being assembled let him free himself of the crime If any accuse a Country-Priest who hath bound himself in no Order of Religion let him purge himself as a Deacon living by rule If any man who serves at the Altar be accused of a crime and is so friendless that he cannot get one who will swear with him let him eat the execrated bread and let God judge of the thing unless it be lawful by taking the Eucharist to free himself from the crime If any man in holy orders be accused of capital Broils so as that he were the author or counsellor of the death of another let him be acquitted by offering himself to the kindred of them who were so beguiled or slain and if he hath no kindred let him betake himself to his companion or fast until he be lean and eat the execrated * * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bread and let God give judgment thereupon But let not a Monk anywhere with right accuse another of breach of friendship or pay any thing for feuds for he hath rejected whatsoever he might acquire by the right of kindred when he first bound himself to the rule he professes If a Mass-priest be not very upright in taking of witness or be forsworne or be the author or counsellor of any theft let him be dispoiled of the dignity of his function and be deprived as well of all society and friendship as honor unless he shall give abundant satisfaction to God and man as he shall be commanded by the Bishop yet let him give security that afterward he shall not commit such things But if he will purge himself let him do it by the triple purgation or according to the nature of the crime An exhortation to Churchmen to live well 6. And we command that every one of all Orders do diligently and holily keep the Religion of his Office especially the Servants of God Bishops and Abbots and Monks and Nuns and Canons do bend their minds to their duty and live according to their Rule That they often call upon Christ day and night and pray for all Christian folk And we pray and teach all Gods Ministers especially Priests as they obey God they favor chastity so that they may shun Gods wrath and avoid the flames of hell And certainly they know it is not lawful for them to satisfie their lust to accompany any woman And they who will abstain from flesh and nourish chastity shall obtain Gods mercy and with equal right enjoy a heap of earthly honor as though he were a man of free condition * * Although this be in the Saxon in this Chapter yet both Mr. Lambert and Wheelock in their translations have placed it in the 7. Chap. And that every Christian man for the fear of God does restrain the unlawful lusts of the flesh and obey the commands of Gods law Of forbidden Matrimony Cap. 7. And we teach and pray and command on Gods name that no Christian man whatsoever does marry within the sixth degree of his kindred nor does take to wife the widow of his kinsman who was within the sixth degree nor that he marries any within the like degree to her who was his wife nor his Gossip nor a Vestal Nun nor one Repudiate let no Christian man marry And lastly he who shall carefully imbrace Gods laws and study to keep his soul from the flames of hell let him not be a follower of Harlots nor have more wives then one and that she be his bewedded wife Of paying Tithes 8. And let every one every year pay justly his dues
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
the Lord of the Ground go with the Priest and without thanks take away and restore to the Church what shall belong to it and leave the Ninth part to him who would not pay the Tenth let them divide the rest into two parts let the Lord have one half the Bishop the other be he a Kings man or another Romfeath ought to be restored upon the Feast of St. Peter in bonds he who shall keep it beyond that time let him restore that penny to the Bishop and thirty pence let him add to the King 50 s. Who shall keep Cherisceat beyond the Feast of St. Martin let him restore it to the Bishop and pay eleven fold and to the King 50 sol Who married shall commit adultery let the King or Lord of him have the superior the Bishop the inferior Who shall commit perjury upon holy things * * Laying his hand upon the book I think let himlose his hand or half his were viz. half the Cap. 11 price of his head and this is common to his Lord and the Bishop Who shall bear false witness let him not afterwards be admitted for witness but restore to the King or the Lord of the Soyl Helfeng ' * * Neither Mr. Lambert nor Whelock give any construction of Helfeng that I can finde Who shall kill a man in Orders or malign him let him make him amends as is right and the amends of the Altar according to the dignity of his Order to the King or Lord sufficient breach of the peace or deny it with full purgation Plena lada neget If any man guilty of death desires confession let it never be denied him but if any man shall do it let him pay the King one hundred and twenty shillings or swear with five men that he did it not If a free-man work upon Holy days let him amend his helfeng and at least diligently make composition with the Lord. If any man by force holds the Rectitudes of God Rectitudines Dei let a Dane pay lahite an Englishman full witam or deny it with eleven * * Or twelve in Mr. Seldens Ms and Mr. Whelocks if he should there wound any man let him amend this and restore full witam and redeem his hand of the Bishop or lose it If he kill a man let him be outlawed and every man that desires right follow him with clamor if it comes to pass that he be killed by this that he resisted right if this thing be verified let him be unrevenged He who shall make a breach of his Order let him amend it according to the dignity of the Order wera Wita Lahilita * * Lastita Mr. Seldens Mr. Whelocks Ms and with all mercy Let every widow be without a husband twelve moneths afterwards she may choose whom she will and if within a year she take a husband let her lose her Morgangifan * * Dower and all her money which she had from her first husband and let her husband forfeit to the King the price of his head or to whom the King shall grant it If a man unjustly hold a fugitive of God let him restore him to right and pay to him whose he shall be and satisfie the King according to Legergild If any man hath a man excommunicated or keep him outlawed and all his forgiveness and all amendment commonly made better by Christ and the King is utterly lost wheresoever the Law of God shall be refused to be justly kept according to the word of the Bishop and it will be expedient that he be compelled by the Secular power Because Justice and Secular distriction are necessary for the most part in Divine Laws and Secular Institutes for that otherwise many men cannot be recalled from their ill ways many will not be inclined to the worship of God and observance of the Law from whence by the much infesting of ill men it is provided for the profitable dispensation of peace that the more weighty pleas and things more to be punished be brought to Justice alone or the mercy of the Prince that pardon may be more abundantly had to men desiring it and punishment to sinners but in causes which may be amended for the compassion of the Saints it is permitted that the earthly Lords by their leave may presume to take pecunial amends according to the Law of the Countrey Of the kindes of Causes Cap. 21. There are also some kindes of Causes put before as we have said to be more freely expedited in the amendment of which the King does more particularly communicate wheresoever they are done in Divine or Secular things over Kings men and Ecclesiastical and of Barons men and he hath totally or particularly * * Or acephalos âcefalos pauperes sive socham of which are Adultery Fornication homicide in a Church breach of the peace or order or Christianity or Legality if it be needful to be done by the Secular power that right may be done De Christianâ consuetudine locutionum secundum quod sunt 64. Towards the latter end interline 25. and end A Priest who leads a regular life in a simple accusation may swear alone in a threefold with two of his Order a Deacon in a simple compellation may accompany himself with two Deacons in a threefold with six A Countrey Priest may purge himself as a regular Deacon a Priest accused by his Bishop or Archdeacon may swear himself the sixth of lawful Priests as they are prepared at Mass Of killing a Minister of the Altar 66. If any should kill a Minister of the Altar let him be outlawed before God and man unless he repent with worthy satisfaction and justly compound with his parents or throughly deny it with purgation of his head * * Werilada and begin this within thirty nights before God and man above all he hath If any Minister of the Altar kill any man or if it be extraordinarily declared by bad actions let him be both deprived of his Order and go on Pilgrimage as the Pope shall enjoyn him and amend the work But if he will purge himself he may do it triply but unless he shall begin this within thirty nights let him be outlawed before God and men If any man any ways afflict any man Ordained with stripes or bonds let him make him amends as is meet and to the Bishop the amends of the Altar according to the dignity of his Order to the King or Lords sufficient breach of the Kings peace * * Mundbrecho or deny it with sufficient purgation * * Plenlada If any man condemned to death desires to be confessed let it never be denied him but if any man should deny him let him give the King in satisfaction one hundred shillings or swear with six men that he did not do it If any man by force takes away Gods rights let a Dane amend with Lah sliht full Wytam with
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
the Father may alter them and the Son sell them Primogeniture being so sacred a thing that Esau was said to be a despiser of his Gen. 25. 34. birthright that he set it at a price to save his life and being due by the Law of Nature he could not transfer it to Jacob by any act of his yet was it just with God because he despised it to transfer it to Jacob. 17. The submission to the will of one Man or one Council then becomes the Cap. 5. art 7. will of them all when every one of them obliges himself by pact to one another not to resist the will of this Man or this Council to which he hath submitted himself Observ Here is nothing to pass or to be transferred from one Man to another and therefore here can be no pact and here I would fain know how to bind and to be bound can be the same thing which Mr. Hobbs here makes But every Man binds himself forsooth and therefore every Man may when he will disoblige himself for unumquodque dissolvi potest eo ligamine quo ligatum est 18. The Right of punishing is then to be understood to be given to any one Cap. 6. art 5. when every one doth covenant that he will afford no help to him who shall be punished Observ What power of life or death is here any more then if a company of Men contract one with another that they will afford Mr. Hobbs no relief if another Man will kill maim or punish Mr. Hobbs that then this Man hath a power over Mr. Hobbs his life and person and this Right forsooth he will call gladium justitiae Art 6. 19. Having made the Temporal power to have its origination from the Inventions Pacts Wills and policies of Men he makes it Judge of all Cap. 6. art 11. Doctrins and Opinions of Faith and this from convenience for saies he If one may command any thing upon pain of Temporal death and another forbids it upon penalty of eternal death it will follow not only innocent Citizens may be punished but the City it self be dissolved for no Man can serve two Masters Observ I would know how this granted could Christianity be preached when the Temporal Laws every where did forbid it Our Savior saies Whoso hateth not Father and Mother and Wife and Children and Brethren St. Luke 14. â—6 St. Math. 10. 28. and Sisters yea and his own life he cannot be my Disciple And if Temporal powers command any thing contrary to the Laws of God we ought not to feare them that can kill the Body but are not able to kill the Soul but rather to feare him who is able to destroy both Body and Soul in Hell 'T is true indeed no Man can serve two Masters who may with equall Right command the same thing but a Man may serve two Masters who do not with equal Right command the same thing as a Tenant who owes Homage to his Lord is the Lords Man of life and limb and of earthly worship and ought to be true and faithful to him saving Littleton Hom. cap. 1. the Faith he owes to his Soveraign Lord the King and so every servant ought to obey his Master in all things which do not contradict Gods nor his Country-Laws and so ought every Man to submit himself to Temporal powers in all things if they be not repugnant to Gods Laws And let any Man see whether the whole scope of this Article be not to make all Faith and Religion as well as Society a meer invention and policy of Man and humane constitution and Creature of a Creature nor is the danger he makes so much to be feared for Ecclesiastical Powers have nothing to do with Secular jurisdictions 20. There are some doctrines held he saies by which Citizens are impowered Annot. art 11. Cap. 6. to deny Obedience to the Civitas and to fight against Supreme Princes and Powers and that by Right yea it behoves them and this belongs to the power which many do attribute to the Prince of the Church of Rome in aliena Civitate and to the power also which Bishops otherwhere out of the Church of Rome ascribe to themselves Observ I do not know nor did ever hear that any Bishops out of the Church of Rome did ever ascribe to themselves this Power Nor are there any Bishops in the Western Churches of Christendom out of England Ireland Sodorensis Episcopus and the Isle of Man if those in Scotland were not which is a question and sure this Hierarchy never challenged any such Power But why does this Man take such care for peace and quiet when as by his own principles he justifies all the actions of the League in France against Henry the fourth for Henry the third never gave nor sold the French Monarchy to Henry the Cap. 9 art 13. fourth nor did the Duke of Mayne and his party upon the death of Henry the third oblige themselves by pacts one to another that the will of Henry the fourth should be the will of them all 21. It is most manifestly false and contrary to the practice of the Cap. 5. art 9. whole world where Men are not condemned to slavery that servants have Cap. 8. art 5. no property against their Masters for where servants are not slaves they may both sue or implead and be sued or impleaded nay they may sue their Masters for Debt or not performance of Covenants c. 22. Where he makes the Fathers power not to arise from Generation but Cap. 9. art 1. that Art 7. Children are subject to their Father no otherwise then Servants are subject to their Masters is so wild and groundless an opinion that it is not worth an answering 23. It is he saies a seditious opinion that Faith and Sanctity are not acquired Cap. 12. art 6. by reason and study but alwaies supernaturally infused and inspired and yet he saies Cap. 18. Art 4. prope finem There is but one way to Science i. e. by definitions but this way to Faith does hurt Observ How these two are consistible I do not understand 24. Jus is contrary to Lex Cap. 14. art 2. prope finem Observ Therefore by the 4. Axiom lib. 1. Euclid Jus naturae is contrary to Lex naturae By Art 1. cap. 4. Lex naturalis est Lex divina And therefore by Art 2. cap. 14. Lex divina is contrary to Jus divinum which is most abominable Blasphemy Nay he says * Cap. 8 ar 10. and oftentimes in hi. s Preface Jus divinum positivum is the Scripture and here Lex divina positiva to be the Scripture So that he makes contraries to signifie the same thing Observ Lex naturae cannot be contrary to Jus divinum nor different but only in this Jus divinum is an absolute right in God to will or command any thing to be a Law of Nature and
a Law not to kill one another which I no where find nor he proves nor do I see any colour of reason to believe Nor had Adam any power to restrain his Sons or give them Law as Father for if you believe him he tells you that Dominium paternum non oritur ex Cap. 9. art 1. generatione I would further be satisfied how this civil pact can give the Civitas that which none of them have viz. Property and power of life and death without which can be no Civitas or Supreme Power or any Power at all if we be Christians and believe God who says By me Kings reign and Pro. 8. 5. Princes decree justice or judgment and that All powers are of God and the Rom. 13. 1. powers that be are ordained of God If they be then Gods ordinances and ordained of him then can they not be an artifice and invention of any Man but are and ever have been whether Do or Dedi ever had been or not And let any man judge whether he does not contradict himself He Cap. 5. art 4. says That the concord and consent of the Multitude is not sufficient long to preserve Peace but that it behoveth that something more be done that they who have once consented to peace and mutual aid for the common good should not afterward when any Private good varies from the Publique again disagree be restrained by Fear And Art 5. he says Aristotle reckons among living creatures which he calls Politick not only Man but also many other as the Ant and Bee who although they be destitute of reason by which they can make covenants and submit themselves to Government yet nevertheless by consenting that is by desiring the same things and by avoiding the same things they so direct their actions to one common end that their Companies are obnoxious to no seditions Yet are not their Companies therefore Civitates nor are those Creatures to be called Politick because their Government is only consent or many wills to one object not as is necessary in a City one will Observ Now mark here he says Consent only makes no Civitas yet where he would prove the beginning of his Institutive or Politick Government from Scripture he says Tale fuit initium regni Dei c. Such was the Cap. 11. art 1. Kingdom of God over the Jews instituted by Moses If you will hear my voice c. ye shall be to me a Priestly Kingdom And all the People together answered We will do whatsoever the Lord hath spoken Observ So here let any man see this great Master of Learning and Reason make the Initium of this Institutive or Politick Civitas to be derived from the Consent of the Multitude and in the same breath before the Multitude did consent he makes God only by his servant Moses first to will and after that the People to consent You come behind and I follow after whither of us went before But suppose the beginning of this Civitas had its beginning from the Observ 2. Consent of the People yet does he contradict himself as much as before for then this Initium is the Initium caput corpus finis of it for here is nothing added to it So that either here is no Civitas and so Mr. Hobbs says not true and has taken great pains to no purpose or else this Civitas is wholly made from the Consent of the Multitude which is absurd and contrary to Art 4. 5. Cap. 5. Well let us see whether he hath better success with Art 6. then the 4. and 5. where he says Because the conspiracie of more Wills to the same end is not sufficient for the preservation and stable defence of Peace Doubtless it is not less then a Judgment upon him that he should call such a consent as he here speaks of a Conspiracie which all men take in ill sence of men consenting to do some evil act it is requisite that the will of all be one concerning those things which are necessary to peace and defence But this cannot be unless every man so subjects his will to the will of another viz. of another Man or Court that whatsoever he wills concerning those things which are necessary to the common peace be accounted the will of them all and every one of them And Art 7. he says This submission to the will of one Man or one Council then is made the will of them all when every one of them obligeth himself by pact to every one of the other not to resist the will of that Man or that Council to which he has submitted himself And this a little after he says is called Unio and this Union so made Art 9. is called Civitas or Societas civilis or Persona civilis Observ If this Unio or Civitas or Societas or Persona civilis be so necessary to all Governments and that it must and therefore may be made by mens pacts one with another I wonder why the Children of Israel should be 1 Sam. 8. 5. so zealous to have a King to judge them like all the Nations if they could by their pacts have made one without ever asking one at Gods hands Nor was there at that time or ever before any such thing as ista Curia or Democracy ever heard of For the Children of Israel desired a King to judge them like to all the Nations and at that time was Codrus King of the Athenians Smendes or Semendes King of the Sicyonians Aletes King of the Corinthians Eurysthenes King of the Lacedemonians So that in those days not among the Grecians was there ever so much as Aristocracy or Democracy heard of Nor was there ever any place in the world where there were men inhabiting without Government For that place When there was no King in Israel we shall answer afterwards Nor was there originally ever any Government but Monarchy and that never from any Pacts of men And this Government so continued everywhere until it was violated by seditious and rebellious men And whereas he makes this Civil Pact to be so necessary and antecedent to all Civil Government I would fain know of Mr. Hobbs whether Saul David Solomon Jehu Hazael Cyrus c. were not as much Kings or Civitates as he calls them as if they had all this Covenanting and making Pacts one with another That this mans will should be the will of them all Not to resist the will of David Solomon Hazael c. in those things which they deemed necessary for the peace of the Israelites Persians Syrians c. But if these were Civitates as if Mr. Hobbs be a Christian which I think may be a question he must needs confess and yet not made so by his Civil pacts nor indeed any other Then is this Unio so far from being essential or necessary to the making of a King or Civitas that as to the right of a King it is no matter whether it be made
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
he will not deny that the supreme power was in Deborah and yet sure he will not affirm that she had the Sacerdotal power And whereas Mr. Hobbs says That the Kings of Israel had power over the Cap. 11. ar 16. prope finem High-Priests and instanceth in Solomons deposing Abiathar If he means that they had power over their persons he disputes without an adversary for me But it does not follow from thence that they had the Sacerdotal power in them for Solomon did restore Sadoc who was of the line of Eleazer to whom he ascribes so much power whereas Abiathar was of the family of Ithamar one of Aarons younger sons whereof Eli was the first Jos de antiq Jud. l. 8. c. 1. And he may as well infer that the Regal power was subject to the High-Priest because Jehojada restored Jehoash after he had slain Athalia And ch 16 art 16. whereas he says That the Kings being constituted there is no doubt but both powers were in them It is false For if the Sacerdotal power were in the King then might the King execute his power but Uzziah transgressed 2 Chro. 26. 16. against the Lord his God when he went into the temple of the Lord to burn incense upon the altar of incense For as Azariah the Priest told him ver 18. It appertaineth not unto thee Uzziah to burn incense unto the Lord but to the Priests the sons of Aaron that are consecrated to burn incense c. See Num. 18. 7. Exod. 30. 7. And the Lord smote him with leprosie and Ahaziah thrust him out v. 20. See the manner more at large Joseph lib. 9. cap. 11. de antiq Judaeor And Saul was therefore rejected from being King because in case of extreme danger he did offer sacrifice 1 Sam. 13. 14. 7. That our Saviour Jesus Christ God and Man foretold by all the Prophets The new and last Covenant and Revelation of God to Mankind by his Son most especially by that most noble Prophet Isaiah descended from the Kings of Judah took our nature upon him in Augustus Cesars reign when Janus Temple was shut and an universal peace over all the world who by himself once offered for us under Pontius Pilate the deputy was a fulfilling of the ceremonial Law being but a type of him to come and a sufficient propitiation and satisfaction for the sinns of the whole world beleeving on him being the foundation of all Christian faith I will not dispute Note Reader that our Saviour being the Prince of Peace this Prince Nota Bene of Peace was born into the world when there was an universal Peace so being the King of Peace was born as if there could be no peace without it when as there was none but Monarchy and that not elective in all the world 8. But because parum est lex nisi sunt qui possunt jura gerere it had been What Order our Saviour took in his life time for executing of his last Will and Testament and how executed to no purpose for our Saviour to have made his last Will and Testament if he had not made Executors to have executed it he chose and ordained twelve Apostles seventy Disciples or Evangelists his Executors note that in the Gospells the Evangelists are usually called Christs Disciples as well as Apostles but the Disciples the Evangelists are never called his Apostles After our Saviours passion St. Peter in his exhortation for the choosing of another in the place of Judas who had betrayed his Master saies Acts. 1. 20. Let his habitation be void and no man dwelling therein and his Bishoprick 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 let another take Here the Apostles who are also called Disciples appointed Joseph and Mathias but the lot fell upon Mathias these Appostles created seven Deacons Acts 6. 6. chosen by the multitude after prayer having laid their hands upon them Peter and John Act. 8. 17. confirm and lay hands on the Samaritans converted by the preaching of Philip. Saul is called to the Apostleship after he was striken blind and had seen Jesus whom he had persecuted Act. 9. 3 4 5. Barnabas was sent to confirm the beleevers converted by them who were scattered upon St. Stevens persecution at Phenice and Cyprus Act. 11. 22 23. Paul and Barnabas confirm the Soules of the Disciples and ordain Elders in every Church Act. 14. 22 23. Paul said to Barnabas let us visit our brethren in every City where we have preached Act. 15. 36. neither can it be shewed that any in the Acts did ordain lay on their hands confirme or visit but only the Apostles so that as Apostles that is men sent not only to preach confirm ordain visit c. every where were none made but by our Saviour For St. Paul and Barnabas were Acts. 15. 2. miraculously chosen by him And the Lot fell upon Mathias Act. 1. 26. and the Lot is of the Lord. 9. But because our Saviour would not leave his Church in so short-lived a states as to be but of one Ages continuance God having left with the Jewes Our Saviours promise to his Church sufficient power for the propagation of the Jewish priesthood untill all should be fulfilled by our Saviour he saies Behold I am with you even unto the end of the world Amen St. Matth. 28. 20. But preaching the Gospel ordaining laying on of hands confirming c. are necessary fundamentals for the constituting of a Christian Church unto the end of the world c. Our Saviour therefore will be with his Church unto the end of the world in Preaching the Gospel in ordaining laying on of hands confirming c. 10. It being evident that the Apostles did preach ordain c. our The Apostles did ordain Bishops Presbyters and Deacons Saviour having promised to be with the Apostles and Disciples i. e. the Church unto the end of the world therefore after the Apostles preaching the Gospel ordaining c. should be in the Church let us see to whom our Saviour did bequeath this ghostly power after the Apostles The Apostles did ordain Bishops Elders and Deacons Episcopos Presbyteros Act. 14. 21. Diaconos That Presbyter is not the name of Age but Office is most manifest for when St. Paul had ordained Presbyters or Elders in every City sure he made them no elder then they were Besides he made Timothy a Presbyter when he was but a young man 1 Tim. 4. 12. 10. As our Saviour did usually call his Apostles his Disciples but never The difference between a Presbiter and a Bishop called his Disciples or Evangelists his Apostles so the Apostles did usually call Bishops Presbyters but never called Presbyters Bishops As Act. 20. 17. whom St. Paul calls Elders of the Church v. 28. he calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and St. John the Apostle Ep. 2. 3. v. 1. calls himself the elder It is true therefore that every Bishop is
Realm in Treason against the King and Queen and the indictment concluded contra ligeantiae suae debitum For he owed the King a Local Obedience but if he have issue here that issue is a Natural born Subject and it is not caelum nec solum neither clymate nor soyle but Ligeantia which makes a natural Subject and therefore if Enemies possess any fort c. the issue borne there is no Subject of the Kings by as much reason those Subjects borne after Conquest by any King of England are his Natural Subjects 6. Legal Ligeance is when at suit of the King the Subject takes the Oath of Ligeance to the King which is You shall sweare that from this day â—igeantia Leâ—â—â—â—s tit 4. â—â—g 6. 7. forward you shall be true and faithful to our Soveraign the Lord King Charles his Heirs and truth and faith shall beare of life and member and Terrene honor and you shall neither know nor heare of any ill or damage intended unto him that you shall not defend so help you Almighty God The substance and effect hereof is due by the Law of Nature ex institutione natura the form and addition of the Oath is ex previsione hominis In this Oath five things are observed 1. For the time it is indefinite and without limit from this day forward Five observable things in the Oath of Ligeance 2. Two excellent things are required that is to be true and faithful 3. To whom To our Soveraign Lord the King and his heirs 4. In what manner And faith and troth shall bear c. of life and member that is until the letting out of the last drop of our dearest blood 5. Where and in what places ought these things to be done In all places whatsoever for You shall neither know nor hear of any ill or damage c. that you shall not defend c. So as Natural Ligeance is not circumscribed within any place 7. Subjection as well as Regality being by the Law of Nature Quae The consequent upon Subjects endeavoring to dissolve their subjection Deus conjunxit nemo separet And let no man or men ever think to mend what God hath made For besides the innocent blood which will be shed besides the rapine plunder sacrilegious profaning of all sacred things in the mending if God in his judgments doth permit seditious men to prosper in their wickedness so as they suppose they have attained their Ends yet their Ends never end in peace among themselves For abstracting from the general fear common to them all of the right Heirs recovering his right it cannot be expected that all Competitors will be pleased some will think others too great none will think themselves great enough They themselves have made a president to evade all subjection and obedience to Laws and Government by pretending Liberty and Reformation So that after so much bloodshed what can be expected but the shedding of more without ever hoping to have an end Well therefore says Sir Edward Coke Inst 3. p. 36. Peruse over all our Books Records and Histories and you shall find a principle in Law a rule in Reason and a trial in Experience That Treason does ever produce fatal and final destruction to the Offender and never attaineth to the desired end two incidents inseparable thereunto And therefore let all men abandon it as the most poisonous bait of the Devil of Hell and follow the precept of holy Scripture Fear God honor the King and meddle not with the seditious But it may be objected That though Subjects Allegiance be natural Object 1 or due by the Law of Nature yet since there cannot be any visible power under Heaven which can judge between an Usurper and rightful Prince what rule have Subjects to direct them to whom they owe their subjection or obedience Sol. It is true there is no visible Power under Heaven which can judge between an Usurper and rightful Prince but the Consciences of men Yet being natural a man may as well ask how a man shall know whether every Being be of less excellency then the Cause of its being or that things equal to a third are equal to one another I am confident that where the confusion was not made by Popular rage and usurpation since the begining of the world God did scarce ever leave men so destitute but they were morally certain to whom they did owe their Topical and Natural obedience But if Regal power be the Ordinance of God and Primogeniture be Object 2 preferred by the Law of Nature then can there be but one rightful King in all the world and he the first-born from Adam which no man can believe Answ I answer That though Primogeniture be preferred by the Law of Nature and immutable by the will of Man yet is not God subject thereunto but before the Flood he rejected Cain though the first-born of Adam and made him a Vagabond and none of the Patriarchs So in the first age after the Flood God subjected Canaan although the son of Ham Japhets elder brother to Japhet And so did God prefer Jacob before Esau and Gen. 9. 27. Ephraim before Manasses and Solomon before Adonijah Yet where and when God did not reveal himself to Man otherwise was ever Primogeniture preferred Nor can it in reason be expected that God should be so cruel a Taskmaster to require subjection upon penalty of Damnation if it were not evident to whom this subjection were due It is sufficient that Subjects pay their obedience to him against whose title no just or superior title can be taken Yet is not this subjection always to be understood of active subjection For no man is bound Government being intended for mans preservation not destruction actually so to submit to rightful Governors that he be morally certain of destruction therefore Yet ought every man rather to suffer death then actually to renounce or resist rightful Governors to whom by the Law of Nature they owe obedience Quaere 8. But suppose there be such a succession from an Usurper that not only the Heir to the Usurper but all men in his Government were born Subjects to him and his Ancestors from whom he is descended as in the time of Henry 6. when all men were born either in subjection to him his Father or Grandfather who had no colour or title to the Crown whether in such case may Subjects so born assist such a Prince against the right Heir I say I pray God avert the like from ever being again in the English Nation 'T is true the right Heir hath a just title of war against such a Prince but whether Subjects so born their being so born being no act of their will but was caused by a higher cause viz. the will of God may actually assist him to whom they were so born in subjection against him who hath the superior title I leave to God and mens consciences 9. But this Quaere can only
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
her but if he will do none of these let him set her free without price If a man slea another willingly he shall be slain himself but if a man slea another not lurking or lying in wait or unwillingly or of necessity so as he were given into his hand by God let him flee to Sanctuary and save his life and forfeit nothing If a man of ambition and guile slea his neighbor let him be taken from mine altar and be put to death If a man slea his father or mother he shall be put to death If a man forestall a Freeman and he sell him to another man he shall be put to death If a man revile his father or mother he shall be put to death If a man slea another with a stone or with his fist and yet he can go with a staff get him a Physitian and let him do his work while he is impotent If a man willingly slea his Note slea is to strike as well as kill servant or his handmaid so as he doth not die in a day but live two or three nights although he be guilty let him be free because they were his goods but if he die the same day let him be guilty If a man by contention hurt a wife with child let him repair the damage that shall be adjudged if she die he shall be put to death If a man put out anothers eye let him lose his eye tooth for tooth hand for hand foot for foot burning for burning wound with wound skar with skar If a man strike his servant or handmaid so as he loses an eye let him be free therefore or if he strike out a tooth let him be free If an oxe gore any man or woman so as he die let him be stoned and eat his flesh and let the master of the oxe be guiltless if in two or three days he did not know that the oxe gored a man if he knew it and yet would keep him and the oxe afterward kill a man or woman let the oxe be stoned and the master either put to death or pay that price which shall be imposed upon him for the life be it son or daughter the law is the same if he be a servant or handmaid which is gored to death let the oxe be stoned and thirty shillings be paid to the master If a man dig a pit and shall leave it uncovered he shall pay the value of any beast that falls into it and dies If the oxe of one gores the oxe of another so as he dies let the live oxe be sold and his price and the flesh of the dead one be given to the Lord if after the oxe wound another and he die let him sell the oxe and give the price and the flesh of the oxe that is killed to the Lord thereof If the master knew the oxe had gored another and would not take warning nor sell him he shall give two and four sheep for one if he hath not wherewith to pay let him be sold for theft If a Thief break a mans house in the night and there be slain he shall not be guilty of manslaughter but if it be after sunrise he shall be guilty of manslaughter if ready to be killed he were not necessitated If a man shall put fire into standing corn and burn it the author shall give the value of the damage If a man trust another with goods to keep and he privily steal them let him repay double but if it be not found that he which was intrusted used no deceit let him be excused If the thing intrusted were a living creature if he can bring witness that it was taken away by enemies or that it is dead he shall not repay but if he cannot bring witness nor free himself from guilt let him swear he is not guilty If a man corrupt a virgin unbetrothed and slept with her let him be fined and take her to wife but if her father will not so bestow her let him pay her portion after the value of virgins portion Women Fortune-tellers Charmers and Soothsayers suffer not to live He that hath had any thing to do with a beast shall be put to death He that offers sacrifice to any other Gods shall suffer death A stranger or inhabitant thou shalt not hurt for thou wert a stranger in the land of Egypt A widow or orphan do not oppress nor vex if you shall oppress and they complain I will hear their prayrs and slea you with my sword your wives shall be widows children orphans If thou lend money to thy acquaintance be not a gainer from him nor exact usury of him If thou take the garment of one for a pledg who hath only that for a covering restore it before the sun set but if he complain to me I will hear him for my mercy Do not speak evil of the Lord nor curse him who is the Prince of the people Pay thy Tithes and thy first born and first-fruits give to God Do not taste the flesh torne from beasts but cast it to the dogs Do not trust to a deceitful mans word nor hearken to it as to obey it nor favor him in judgment nor esteem his witness but as a tale Do not follow the ill counsel of the people nor in controversie of right incline to the opinion of the multitude nor do thou hold any thing common with wrong If thou shalt find any fourfooted beast of thine adversary straying out of the way reclaim him Judge rightly do not judge otherwise to the poor and adversary then to the rich and friend Do not tell a Lye Do not slea the innocent and just Do not take a gift for it oftentimes blinds the eyes of the wise and perverts the speech of the prudent Do no injury to the stranger nor inhabitant Do not take the names of other Gods in swearing nor have them in thy mouth These are those Laws which the Almighty God himself did give to Moses and commanded him to keep and also the onely begotten Son of God when he came into the World openly taught That he did not come down to destroy the Law but to fulfil it with gentleness and goodness for he delivered the rule of true Piety After that they nailed him to the Cross before that his Apostles were together nor were scattered for preaching the Gospel converted many Nations and sent Apostles and Interpreters of the Scripture to Antioch Syria and Cilicia to learn Christs Law and what should then befal them should by a Messenger be sent back to them in writing This is that Epistle which the Apostles sent to all the people of Antioch Syria and Cilicia which were converted from the bondage of the Gentiles to Christ The Apostles and Elder Brethren wish health to you Assoon as we heard that certain men which went from us had troubled you with words and commanded some things which they had not in command from us and had made
your souls sad rather then instructed you with sound and wholesome Doctrine it seemed good to us being met together to send to you Barnabas and Paul who had ventured their life for the Name of Christ With them we send Judas and Sylas who shall speak the same words It seemed good to the Holy Ghost and us not to impose more necessary burden then these things upon you That ye abstain from things offered to Idols and Blood and things strangled and from fornication and that ye will that which ye would other men should do to you From this one Commandment it is manifest That a man should restore every man his right neither is there need of any other Law-book This he should remember who sits a Judge over other men That he should not give that judgment upon other men which he would not have given upon himself After the Gospel of Christ was preached many Nations as also the English by Faith joyned themselves to the Word of God Some Bishops and other famous men as well in England as other Regions held a Council of wise men and these men taught by Gods mercy imposed upon every sinner a pecuniary mulct and left the power of exacting it to the Magistrates without any offence to God having obtained leave onely to the betrayer and forsaker of our Lord they did not judge fit that this light punishment should be inflicted because they deemed such a man not worthy to be spared as well because God would have such contemners of him unworthy of all mercy as also that Christ Gods Son would not have mercy on them that betrayed him to death and he bid them to worship God before any other They therefore in many Synods constituted punishments for all sins and commanded them to be written These Laws have I Alfred the King gathered together and commanded to be written a good part whereof our Ancestors have religiously observed there are also many things worthy to be observed of us with like Religion in this age yet some there are which seem less profitable to us by the advice of wise men I have altered some I have made new And because it may seem rashness for any one to command to be written more then his own Decrees as also it would be an uncertain thing how they would be esteemed afterward of which we make great account Whatsoever are worthy to be observed in the acts of Inas my Kinsman of Offa King of the Mercians or Ethelbert who was the first of Englishmen that was baptized I have collected them all and the other left And in taking them I Alfred King of the West-Saxons have used the counsel of the most wise men and it hath pleased them all to judge them worthy to be kept Of the Priviledge of the Church Cap. 2. If any man guilty of any crime shall flee to a Religious house if that belong not to the Farm of the King or some Honorable family let him there remain three nights in which let him heed his salvation unless in the interim he return into favor And if any one shall during that time weaken him with fear of stripes bonds or wounds let him be free as the custom of the Nation is with the price of his head and with fine and the damage of violation of the liberty of the Church with One hundred and twenty shillings to boot Of the Priviledge of Sanctuary Cap. 5. We do further grant this peace to every Church consecrated by a Bishop If an enemy afflict another and he implores help of the Temple let him in seven days be taken out by no man if for hunger he can live so long and not opened his way by force If a man does otherwise let him be held a breaker of the King and Church and also of a more grievous crime if he shall have stoln any thing thence If the Governor have more then ordinary occasion to use that place provide for him in another house which has not more doors then that which shuts the Church and let the Governor take care that in the mean time he gets no meat But if he will give his arms into the power of his adversaries let them keep him safe thirty days and then give him into the hands of his kindred Also the freedom of the Church is if any guilty man flee to the Church before he be accused and there confess it in Gods name he shall be remitted half of his mulct Of Sacriledge Cap. 6. If a man steal any thing in a Church let him pay the value of the thing stolne and that punishment belonging to that value and that hand wherewith he stole be cut off if he will redeem his hand and it be granted him let it be with the price of his head If a man steal upon a Sunday Christmas-day Easter-day Holy Thursday or upon a Communion-day let him pay double as also in the Fast of Lent Of them who steal money out of Churches 8. If any man shall take money out of a * * Church Minster without the Kings leave or the Bishops he shall pay 120 shillings half to the King half to the Bishop and the Lord of the Church Of the Fighting of Priests 21. If a Priest slea any man let all he has acquired be confiscate and the Bishop degrade him and let him be thrust out of the Church unless the Lord of the house will forgive him the price of his head Of him who binds himself to God or enters into Religion 28. If any other accuse a man entred into Religion or bound to God that he hath not performed something of those things which he has mentioned let him give a Fore-oath in four Churches and the other if he will justifie himself let him do it in twelve Churches Of Fight 38. This Chapter gives a Priviledge for the honor of the Church in case of Manslaughter to him who flees thither Of Mass-Holidays 39. All Freemen have freedom granted them on these Holidays but not Servants The twelve days in Christmas the day on which Christ subdued the Devil the Anniversary feast of S. Gregory and seven days before Easter and seven days after the Feast-days of S. Peter and S. Paul In Autumn the whole week which is before the Feast of Mary the Feast-days of all Saints and the four Wednesdays in Ember-weeks let servants have all holy liberty given and freedom that they may spend all their endeavor upon the benefit of those things which they have heretofore received in Gods name or for whatsoever benefit he shall hereafter earn The League of King Edovard and Guthrun Preface THese are the institutions of King Alfred and King Guthrun and then King Edoard and King Guthrun made in those very times when the Danes and English made league and bound themselves that those things which are afterward recited should be often amplified and increased to the common benefit of the Realm
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-days Let every Sunday be held a 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
Heathen let him be unworthy to enjoy any benefit of Christian folk unless he speedily redeem him home again because he had sold him from home And if he cannot do this let him distribute that price altogether on Gods grace and free another Captive with another ransom and set him free And this let him fulfill three years as his Confessor shall appoint And if he hath not means by which he may redeem the Captive let him increase his punishment into seven years penance and alwaies lament 46. If any shall grievously offend by manifold sinning and desires at length to leave and correct these things let him often go to the Monastery and there alwaies serve God and man as he shall be taught or let him depart a great way from his country and alwaies repent whilst he lives and help his soul at least her eon earth with all profound amendment which he may find as shall be taught him Of Satisfaction 1. In this kind of confession the help of some Divine does very much conduce to the expiation of sin not less then the counsel of some learned Physitian to the curing of a disease 2. Oftentimes men sin by concupiscence and sometimes through the instigation of the Devil and that is most terrible that men bound to God so often against God as they lose their dignity 3. And to amend this there is need of severe penance but alwaies according to the manner of the order and sin as is ordained in the Canons and every one ought with all his strength and endeavour and also with trouble from the bottom of his heart to go about this Some may undergo the penance of one year some of more but alwaies after the manner of the sin some of one moneth others of more some of one week others of more weeks and some of one day others of more and some all the daies of their life 4. It behoves a Physitian who will heal grievous wounds to make use of exquisite medicines But there are none so grievous wounds as these sins for these wounds lead men to eternal death unless by confession repentance or satisfaction they make themselves whole 5. Therefore both man and woman may be Physitians who should heal these wounds First the wound is to be inquired into by good counsel then the ulcerated matter which does inwardly putrifie is to be let out that is he purge himself through confession 6. Every man who will blot out his sins by confession embraces found doctrine not less then he who takes a healthful potion from the Physitian a deadly disease 7. No Physitian can rightly cure any disease or wound until the venemous matter which putrifies inwardly be drawn out Neither can any man rightly teach penance who refuses to confess nor can without confession of sins pronounce absolution like as he cannot well be made sound who hath drunk any deadly thing unless the venemous force be expelled 8. Confession being finished any man may by penance easily obtain Gods mercy if he does this from the bottom of his heart and moreover deplore that he seduced by the Devil committed these sins 9. A prudent amendment does very much benefit this confession as the cure of a sickness a good Physitian Concerning the works of any one the Confessor may enquire by the Canons and moderate according to the power and wealth of them confessing as he believs the contrition and carefulness of any ones heart 10. That is great penance when a Laick must lay down his arms and make pilgrimage far and neer barefoot who must not lie two nights in one place who fasts much and watches who daies and nights prays earnestly and who willingly wearies himself and who is so untrimmed that no iron hath touched his hair or nails 11. Who neither comes into warm bath nor soft bed nor tastes flesh nor drink which may make him drunk who comes not into a Church but yet zealously seeks holy places and confesses his sins and asks intercession who kisses no body yet bitterly deplores his sins 12. He is propitious to himself who in this manner prejudgeth himself And indeed this man is happy although in nothing he is more unwatchful then that he might fully correct himself Neither was there ever in the world any so grievous a sinner but he might appease God if he ardently went this way 13. There are many waies to appease God for sins and alms do very much conduce to the forgiveness of them 14. He who hath means sufficient let him build a Church to the praise of God and if he hath more besides let him give land to it and bring in young men who may perform holy service for him and therefore daily minister to God and let him repair Gods Church for his means and High-waies let him make Bridges over unpassable waters and dirty places let him distribute for Gods sake that which he has and with as much diligence as he can let him carefully relieve the poor widows orphans and strangers let him manumiss his own servant let him redeem servants from other men to be set free especially the poor man taken in war let him feed and clothe men in want and allow them houseroom and firing and bath and bedding and in his necessity in all places let him make intercession in singing Masses and Psalms and let him in his devotion towards his Lord God very much chastise himself by abstaining from meat and drink and all other bodily desires 15. And he who hath less means let him set himself all he can that in his devotion towards God he paies tithes of all he possesseth that he examine himself as often as he can and often with alms visit Churches and salute Holy places with lights and give his house meat and protection to them that need and also fire and some nourishment and bed and bath and take care to clothe and feed the poor as much as he can 16. For Gods love let him visit the sorrowful and sick and bury the dead often in secret lie prostrate upon his knees and often lie prostrate and stretched out upon the ground let him fast watch and pray night and day diligently He who hath not means sufficient to perform all these things let him endeavour to do as much as he is able Let him wear out his body against lust if ever by delicacie or lust he hath pleased the devil Now let him by fasting correct that sin which before he had committed by gluttony and let him often watch and labor if at any time he were wonted to the contrary and given to ease when he ought not or had at other times beyond measure watched in vain Let him afflict himself with cold and frozen baths for that heat whereof he sinned by lust If he hath any where offended another unjustly let him diligently make amends and if another hath offended him let him be appeased as much as in him lies against those sins which grew up
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-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
right faith to him Christ himself first sang the Lords Prayer and taught it his Disciples And that godly Prayer is made up of seven petitions which whosoever shall not counterfeitly but from his heart speak speaks with God himself of all those things which are necessary to this life and the life to come How then can any man with any reason pray to God from his soul unless he believes on God and inwardly hath a right faith For he that will not learn these things after death shall neither partake of any part of rest with Christians neither alive shall he be admitted to the Eucharist nor lastly shall be deemed worthy the name of a Christian man Nay it shall not be lawful for him to answer for any one in Baptism or before the Bishop in Confirmation unless he shall learn these and throughly con them That deadly sins be avoided 23. And we teach that every man does alwaies and carefully avoid all dangerous and deadly sins and if he by chance offend by the impulse of the Devil let him make amends therefore by the instruction of the Priest And among these Avoutery Cap. 24. And we teach that every one as long as he lives does avoid all Avoutry and forbidden lust and breach of wedlock That men be fearful of the dreadful Judgment 25. And we teach that the fear of God may alwaies so sink into the souls of men that days and nights they may fear punishments for their sins and dread the day of Judgment and be affrighted for the torments of Hell continually think of the last day of their life That Bishops and Priests faithfully perform their duties 26. Truly Bishops are Gods proclaimers and Interpreters of Gods law It is their part openly to set forth the benefit of Divine things and expose themselves by well living an example to imitate and they who will may give their ears and mind to these things He is a bad Keeper who will not defend his Flock at least with his voice if he can do no more against him who shall go about to spoil it And there is one most hurtful Devil of all other who alwaies mightily endeavors to bring destruction upon the souls of men Wherefore it will be expedient that Pastors watch ward and proclaim to the people what dangers hang over them from their mighty adversaries and that they be provided against them We call Bishops and Priests Pastors to whom it belongs by teaching and doctrine to look to and defend the flock of the Lord lest at any time the Wolf enflamed by rage and wickedness should bite and tear them with his teeth But yet if any one will shut his ears against the Divine precepts and admonitions be it between God and himself and let the Name of God be alwaies praised To whom be all praise glory and honor world without end Amen Among the Humane Laws so stiled of Canutus I find these inserted Of Casting out of Witches and Sorcerers 4. And we command that this our Dition be every where purged and cleansed from all deadly wickedness And if Witches Fortune-tellers secret Murderers or any Common Bawds be any where taken in our Kingdom let them be banished out of the confines of it or in the Kingdom unless they become of a better mind and mend their manners let them be put to a vile death Who will not obey right and Divine and Humane Laws unless they repent and make abundant satisfaction be commanded to be banished c. Of abolishing the Superstition of the Gentiles 5. We plainly forbid all Heathenish Adoration It is barbarous Worship whether any one worship Idols viz. the Gods of the Gentiles the Sun the Moon Fire or Running water Fountains or Stones or any kind of Trees or Wood or hath observed the superstition of Witches c. Although at any time no leave is given for Injustice yet without doubt Iniquity is most forbidden upon Holy daies and in Holy places and by how much a man is richer and placed in dignity above other men by so much more abundantly shall he make amends to God and men for wrong done And how he shall compensate to God we refer to the precepts out of Scripture and to Men as is set down in Humane laws Of killing a Minister of the Altar Cap. 36. If any of them who serve at the Altar be killed of any man let that man be excluded out of the patronage of all Divine and Humane laws unless together with banishment he make abundant satisfaction for that wickedness and give satisfaction to the Kindred of him who was killed or at least together with sufficient men who may be sworne wash out all suspition of the crime And this satisfaction ought to be made to God and men within thirty daies upon the penalty of the forfeiture of all he hath Vide Para. 9. of the antecedent Chap. 37. Vide Para. 10. of the antecedent Chap. 38. Of Arresting or beating one in Orders 39. 39. If any one shall imprison beat or use a man bound to God ignominiously let him make amends as is meet Let him pay to the Bishop for the dignity of his order a mulct by the name of * * Cleansing the Altar 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and to the Lord or King full satisfaction for breach of the Peace or at least wash out the crime with a full and perfect excuse Of a man Ordained guilty of Death 40. If any one in Holy Orders be guilty of Death let him be taken and held to what punishment shall be inflicted upon him by the Bishop Of a man condemned who desires a Confessor 41. If any man condemned to death freely desires a Confessor to confess his sins let it be granted him But if any one shall deny it him let him pay the King an hundred and twenty shillings or at least purge himself from the crime and have five men joined with him and be himself the sixth Of observing Sunday and Festivals 42. No man as much as possible can be condemned for any crime unless he did resist or flee shall be put to death upon a Sunday but shall be kept bound until the feast be passed If any Freeman work upon a Holy day then let him stand in the pillory and give satisfaction to God as it shall be commanded him If a Servant do any work let him be beaten or be put into fear of beating for it If a Master command his Servant unwilling to work upon a Festival let him be fined to his Servant and the Servant free for the time to come And if the Master be a Dane let him pay the mulct of the Law-breaking An Englishman shall be fined according to the nature of the fact or excuse it That men observe Lent and Festivals 44. If a man break Lent by Fighting Marriage Rapine or by committing any other wickedness let his compensation be double The
often gone out of the Church and Priests houses having restored the thing taken away let him abjure the Province and not return and if by chance he shall return let no man presume to entertain him unless he have leave from the King Of breaking the Peace of the Church If any one shall violently infringe the Peace of the Church the Justice Cap. 7. belongs to the Bishops but if one guilty in avoiding their Judgement or arrogantly contemning it shall despise it let the complaint thereof be brought to the King within forty days and let the Kings Justice make him give Security and Pledges if he can get them until he first give God afterward the Church satisfaction But if within one and thirty days either by his friends or acquaintance or by the Justice of the King he cannot be found out the King shall Outlaw him by the word of his own mouth i. e. he shall be excluded out of all protection of the King But if after he shall be found and can be retained let him be restored alive to the King or his head if he shall defend himself Lupinum enim gerit caput which in English is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This is the common and general Law concerning all men Outlawed Of the Tithes to be restored to the Church of Sheep and Hoggs 8. The tenth sheaf of all kinde of corn is due to God and therefore to be restored to God And if any one hath a company of Mares let him restore the tenth colt to God he who hath but one or two for every single colt one single peny In like maner who hath many Cowes the tenth calf who hath but one or two for every calf one single halfpeny and who make Cheese give to God the tenth but if he make none milk the tenth day In like maner the tenth Lamb the tenth Fleece the tenth Cheese the tenth Butter and the tenth Hogg Of Bees In like maner the tenth of the profit of Bees as also of under-Wood In some these two Chapters are joyned of Meadow and Waters and Mills Parks Warrens Fishponds tender Sprouts and Gardens and Merchandize and all other things which God shall give the tenth part is to be restored to him who gave the nine parts together with the tenth who shall have detained it let him be compelled to restitution by the Justice of the Bishop and King if need be For these things St. Augustine hath Preached and are granted by the King Barons and People but afterwards by the instinct of the Devil many have detained it and Priests careless of growing rich did not care to take pains to get them because they had sufficient means of living For in many places now there are three or four Churches where then there was but onely one and so they began to be diminished Of them who are judged to be brought to Judgment or Water by the Cap. 9. Justice of the King In that day wherein Judgment ought to be done let the Minister of the Bishop and his Clerks come thither and in like manner the Justice of the King with Legal men of that Province who may see and hear that all things be rightly done and whom the Lord by his mercy will save let them be quit and freely depart and whom the iniquity of the fault the Lord shall not condemn let the Justice of the King do justice upon them But the Barons who have their jurisdiction of their men let them see that they do so concerning them as they incur not displeasure with God and offend not the King And if a Suit does arise concerning men of other Baronies in their Courts let the Justice of the King be present because without it the Suit cannot be determined If any of the Barons hath not Justice in the Hundred where the Plea shall be holden it shall be determined at the next Church where the Judgment of the King shall be saving the Right of those Barons Of Romescot 10. Every one who shall have Thirty pence of current money in his house of his own property by the Law of England shall pay a Peter penny and by the Law of the Danes half a Mark But that penny ought to be summoned upon the Feasts of the Apostles Peter and Paul and collected at the Feast which is called To the Bonds so that it be not detained beyond that day If any one shall longer detain it let complaint be brought to the justice of the King because this penny is the Alms of the King and it is justice he cause this penny to be restored and the forfeiture of the Bishop and King But if a man hath more houses let him restore the Peter-penny for that wherein he resides upon the feast of Peter and Paul the Apostles Of the Office of the King and of the Right and Appendixes of the 17. Crown of the Kingdom of Britain And the King because he is the Vicar of the highest King and to this purpose ordained that he may both govern and rule the terrene kingdom and people of the Lord and above all things the holy Church and that he defend the same from wrong-doers and destroy and root out workers of mischief Besides these Sir Ed. Coke in Cawdries Case instances in King Kenulph for that King Kenulph by his Letters Patents with the consent and councel of his Bishops and Senators of his Kingdom did give to the Monastery of Abingdon in the County of Berks and to one Ruchnius then Abbot of the said Monastery c. a certain portion of his Country c. and that the said Ruchnius c. should be ever free from Ecclesiastical right or jurisdiction and that the Inhabiters of it from thenceforth be kept under the yoke of no Bishop or their Officials but in all events of things and discussions of causes they be subject to the Decree of the Abbot of the Monastery aforesaid And that this Charter was above * * Counting to the time Sir Ed. Coke wrote 850 years since which was in the year 755. and after confirmed by Edwin of Britain King and Monarch of Englishmen and this Grant did continue until the dissolution of the Abby by Henry the 8. So that the Kings of this Nation have not only of antient time been Nursing fathers to Gods Church and have exercised their Regal power over the persons of all their Subjects in all cases but have even dispensed with and conferred Episcopal jurisdiction But this was only matter of fact and done but only in one place nor was it ever established by a Law before the Statute of Lollard and by Henry the Eight and the First of Eliz. Yet it was afterward as shall appear in the next Chap. used by divers Kings and often adjudged by the Judges before Henry the Eighth CHAP. III. Ecclesiastical Laws made by William the First who began to reign in the year of Christ 1067. THat Nations and Kingdoms
have their origination from God we Introduction have already in its proper place asserted And that these Kingdoms thus created by God have periods alterations and conversions set by him which cannot be foreseen or prevented by man is certainly as cleer and evident as the former and often owned by God himself in Sacred Writ as well over his own people as others But that therefore any man or men should therefore endeavour to make alterations in Kingdoms is like to a man who becaufe all men naturally die thinks he may kill any man and father the fact upon God And if God even over his own peculiar people did for the sins of the Kings and people especially the Israelites so often convert the line of the Kings then can it not in reason be expected in this Iron and much more sinful Age that God should every where continue a fixt and certain succession of Kings according to the ordinary course of Nature viz. Primogeniture But that therefore the Pope or any other creature may arrogate to themselves a right or power superior to the Law of Nature is no less absurd then that a Son may kill his Father because all Fathers have periods set by Nature which they cannot pass And that all Subjects do by birth owe a natural subjection to rightful Princes in whose dominion they were born which relations can never be dissolved but by God himself we have in their proper places demonstrated Yet may the exercise of this power be suspended so long as such Subjects come into the power of other Princes whether it be by conquest or otherwise and do owe them a temporary obedience so long as they continue there and their posterity born in their dominions owe such Princes a natural obedience which can never be dissolved And also that since there is no other Judge under Heaven to decide the controversie of Princes but their swords which can never be alledged by any Subjects who have Laws to decide their differences such decision is good as to the exercise of any Princes power over all them who fall under ir and all Subjects born in such exercise of power or dominion become natural Subjects to any Prince who by conquest acquires the dominion of another we have also demonstrated in its proper place Yet whether it were of old that Popes did arrogate to themselves this right of deposing Temporal Princes or debarring them of their right which about this time was frequently asserted by and practised by the Popes and which Pope Alexander was pleased to confer upon the Conqueror against all Right and Law to the manifest prejudice of Eadgar Athelin let us see the Epistle of S. Eleutherius to King Lucius as it is cited in chap. 17. of S. Edovards Laws In the year from the passion of Christ 169. or 156. our Lord Eleutherius the Pope wrote to Lucius King of Britain at the Petition of the King and Peers of the Kingdom of Britain You have required of us that the Roman Laws and of Cesar be transmitted to you which you would use in the Kingdom of Britain We can always reprove the Roman Laws and those of Cesar but not at all the Law of God For ye have by Gods mercy of late received into your Kingdom of Britain the Law and Faith of Christ you have of your self in your Kingdom sufficient Authority from whence through Gods grace by the advice of your Kingdom to make a Law and by it through Gods patience you shall rule the Kingdom of Britain And you are the Vicar of God in your Kingdom according to the Kingly Prophet The earth is the Lords and the fulness of all the world and all who inhabit therein And again according to the Kingly Prophet Thou hast loved Justice and hated iniquity and therefore thy God hath anointed thee with oyl of gladness above thy fellows And again according to the Kingly Prophet God is thy Judgement c. Therefore neither the Judgement nor Justice of Cesar for they are sons of the King Christian Nations and people of the Kingdom who live under your Protection and Peace and Reign and are according to the Gospel Even as a hen gathereth her chickens under her wings c. But they are Nations and your People of the Kingdom of Britain and who divided you ought to congregate recall nourish hold with your hand protect and rule into one for concord and peace and to the Faith and to the Law of Christ and his holy Church and always to defend it from evil doers and malitious men and its enemies Wo to the Kingdom whose King is a boy and whose Princes eat together in the morning I Do not call a King because of his small and tender age but because of his folly and iniquity and rage according to the Prophet King Men of blood and deceitful shall not live out half their days c. By eating we understand the Pallat by the Pallat Luxury by Luxury all things filthy and evil according to King Solomon Wisdom shall not enter into the soul of the evil doer nor shall dwell in a body subject to sins Rex dicitur à Regendo non à Regno A King thou shalt be so long as thou rulest well which thing if thou wilt not do the name of King shall not remain in thee and thou shalt lose the name of King which God forbid God Almighty grant to you so to Rule your Kingdom of Britain that you may Reign with him for ever whose Vicar you are in the Kingdom aforesaid who with the Father and Son c. Of the Right and Ecclesiastical freedom of Asylum's Cap. 1. That is to say Peace to the holy Church Of whatsoever forfeiture any one is guilty this time and he can come to the holy Church let him have peace of life and member and if any one hath set his hand against that which the Mother-Church shall require whether it be an Abby or Church of Religion let him restore that which he hath taken out and one hundred shillings for forfeiture and concerning the Mother-Parish-Church twenty shillings and concerning a Chappel ten shillings And according to the peace of the King in the Laws of the Mercians he shall make amends with En perchenâ—laâ— one hundred shillings accordingly as of Heinefare and prepensed lying in wait Of Peter-pence or Romescot Cap. 18. A Freeman who hath Field-Beasts valued at thirty pence shall pay a Peter-peny For four pence which the Lord shall give all his Borderers and his Boner and his Servants be quit A Burger who hath of his proper goods so much as shall be esteemed half a Mark let him pay a Peter-peny He who in the Law of the Danes is a Free-man and hath field-cattel which are valued worth half a Mark in silver ought to give a peny to St. Peter and for that peny shall all be quit who reside in his Demains Of them who do not pay the Roman