of the Times which brought so great a calamity upon himself his Queen and Posterity 18. If there be any happiness in this world or the world to come which Resuming any thing granted to Subjects may be hoped for by any man no question but it is to be attained by Justice and Obedience and Justice and Obedience is in receiving and doing the Commands of our Superiors nor can any one be a just or obedient man in any thing wherein he makes not his Superior that is God Church King Father Mother or Master the reason or rule of it Yet there is nothing more desired and pretended by ignorant and seditious men then liberty And wherein do they place this liberty but in weakening the power of him to whom they owe their subjection And the more any Prince grants to his Subjects the more liberty the Subjects ascribe to themselves and the less power to their Soveraign and will rather be devoured by forein Enemies then endure that their true Prince shall infringe their liberties by resuming any thing granted them although it be for their necessary defence and preservation 19. Government is endangered either by intestine broils which are Granting priviledges to particular places causes sedition raised by factious and seditious men or forein war and Princes ought to be more careful to preserve their Subjects in general from intestine then forein war For besides that civil wars are more dangerous to the Crown then forein so intestine wars always end in loss of subjects in general whereas by forein wars much benefit may arise to King and subjects And there is nothing so much desired and that can so much conduce to the suppression of factions and seditions as the equal and due administration of the same Laws to Subjects in general But in vain shall Princes endeavor to suppress factions and seditions when they make them by making so many Factions as they make Corporations For who does not see what an antipathy there is between the Country-Justices and the Magistrates as they call them of Corporations where they agree not in aliquo tertio that is in some mischief plainly in advantage of the Corporation And let any man shew one Corporation of an hundred which hath not used the Priviledges granted them by Princes to the dissolving of that Power which granted them their Priviledges Ecclesiasticus says That without Handicrafts men and Tradesmen Cap. 38. 32 33. a City cannot be inhabited but they shall never sit in the place of Judicature And indeed what thing can there be more abhorrent then that men who by fraud and unjust gains have gotten much money should therefore sit in Judicature and judge and condemn poor men to death for small offences in comparison of theirs and different only in this that the one committed their offences fraudulently and covertly and the other forcibly and violently 20. As in mens natural bodies well-ordered action is much conducing Long peace disposeth men to sedition to the preservation of health and overmuch ease and sloth the original of many distempers which cannot be recovered without bloodletting and physick so in the bodies of Kingdoms and Empires a well-ordered Militia constantly kept in action conduceth much to the preservation of a Nation whereas sloth and neglecting military discipline makes a Nation not only unfit and unweildy to defend it self against its outward Enemies but also contracts infinite Civil distempers within it self all tending to a Civil war Well therefore might Cato Major in his great wisdom cry out in open Senate That soldiers and men of war were to be still busied in arms far from home for that in so doing all should go well with the State and the glory thereof increase And the Romans always judged an external war the most requisite and necessary remedy to prevent an intestine And no doubt but this is See Bod. de rep lib. 5. 563. at this day the Politick reason of the long wars which France makes against Spain rather then any fear or hatred of the Nations one to another It is therefore a miserable condition in which Princes are without Gods great and special favor to them that either they must maintain a forein war and so become accountable to God for all the blood which shall be spilt if unjustly undertaken or else by long peace and ease dispose their own subjects to the ruining and destroying of one another It is said of Q. Eliz. that she would never consent to the total subversion of Dunkirk lest that by a careless neglect of providing for themselves the Seamen should be forgetful and unfitting for Naval warfare And Scipio African would not give his consent to the utter subversion of Carthage lest that the Romans Carthage being destroyed should not find another Nation which might keep the Roman Valor exercised and so by its own unactivity and sloth it should degenerate and be dissolved Besides the excellencies of Military discipline not but that any thing may be abused by which Nations are protected from Foreign enemies not only Religion Justice Peace Learning c. are internally preserved it also makes men industrious and active in busines valiant in dangers temperate in their desires and to be wary and prudent in their actions It is indeed an admirable thing to consider how the most wise greatest and best God hath attempered all things Not only that all things are differing if not contrary to one another but also hath made and placed all Nations so enemies one to one another that he may by the help of one revenge the injury and injustice which is done by another that so from fear of danger all might be kept within the bounds of their duty Hence it was that God said I will henceforth not cast out before me one man of the nations which Josuah left when he died that through them I may prove Judg. 2. 21 22. 3. 1. Israel whether they will keep the way of the Lord and walk therein as their forefathers did or not And these are the nations which the Lord left that he might prove Israel 21. There is nothing more establisheth a Throne than Judgment Selling of places of Judicature causeth sedition which is giving sentence according to Law but he that buyes the place must needs sell judgment or else he will be a looser by it And what can more dispose Subjects to seditions and to seek for judgment and right in an extraordinary way then that they cannot hope for it from corrupt Judges Well therefore said King Jugurth when he departed from Rome Vade venalis civitas mox peritura si emptorem inveneris Besides who will fear to violate Laws and endeavor to raise sedition if he may hope to buy off his punishment which should deter him from it by corrupting the Judge 22. Though no man hath any thing proper against him who hath supreme Imposing and raising Taxes disposes to sedition power and
Queen Mary to be born in lawful Matrimony and all sentences Stat. An. Pri. Cap. 1. sess 2. Mariae of divorce to the contrary repealed particularly the sentence of Thomas Cranmer Archbishop of Canterbury touching the Kings marriage with Queen Katherine and the two Acts of Parliament of the 25 H. 8. 22. 28 H. 8. 7. confirming the same A Repeal of the Statute of 1 Ed. 6. 2. made against such as speak unreverently St. An. Pri. Ma. sess 2. Cap. 2. of the body and blood of Christ and of the Statute of 1 Ed. 6. 2. touching Election of Bishops and the 2 Ed. 6. 1. concerning the uniformity of service and administration of the Sacraments and of 2 Ed. 6. 21. made to take away all positive Laws ordained against the marriage of Priests and of the 3 Ed. 6. 10. made for the abolishing of divers books and Images and of the 3 Ed. 6. 12. made for the ordering of Ecclesiastical Ministers and of the 5 Ed. 6. 1. made for the uniformity of common Prayer and Administration of Sacraments and of the 5 Ed. 6. 3. made for the keeping of Holy days and Fasting days and of the 5 Ed. 6. 12. touching the Marriage of Priests and legitimation of their children All such divine service and administration of Sacraments as were most commonly used in England in the last year of H. 8. shall be used through the Realm after the 20 day of December Anno Dom. 1553. and no other kinde of service nor administration of Sacraments It is Enacted That if any person or persons of their own power and authority after the 20. of December shall willingly and of purpose by open or St. An. 1 Mariae Sess 2. Cap. 3. overt word fact c. maliciously or contemptuously neglect vex or disturb c. any Preacher or Preachers licensed allowed or authorized to Preach by the Queens Highness or by any Archbishop or Bishop of this Realm or by any other lawful Ordinary or by either of the Universities of Oxford or Cambridge or otherwise lawfully authorized by reason of his Cure or Benefice c. in any open Sermon Preaching or Collation in any Church Chappel or Churchyard c. Or if any person shall wilfully disturb c. any Parson Vicar Parish-Priest Curat or other lawful Priest saying or celebrating the Mass or other divine service sacraments or sacramentals as was commonly frequented and used in the last year of H. 8. or afterward should be allowed and set forth or authorized by the Queen Or if any person shall contemptuously unlawfully or maliciously deface spoil abuse or unreverently handle or order the most blessed comfortable and holy sacrament of the body and blood of our Lord and Saviour Jesus Christ commonly called the Sacrament of the Altar being in any Church Chappel or other decent place or the Piece or Canapy wherein the same Sacrament is or shall be or pull down deface spoil or otherwise break any Altar or Altars or any Crucifix or Cross in any Church Chappel or Churchyard That then every such offender his ayders and abettors shall be apprehended c. by the Constable or Churchwarden of the place wherein the said offences shall be committed Which persons so apprehended c with convenient speed shall be brought and carried to any Justice of Peace within the said Shire c. where the said offence shall be committed and the said Justice of Peace upon due accusation shall forthwith commit the said person or persons to safe custody as by the discretion of the said Justice shall be thought meet and within six days next after such accusation the said Justice with other Justices of Peace in the said Shire City c. shall diligently examine the acts and offences aforesaid And if two of the said Justices of Peace shall upon examination finde the person or persons so accused guilty of any of the said offences by two sufficient witnesses or by confession the said Justices of Peace shall commit the person or persons so accused to the Gaol of the County City Burrough c. where the said offences were committed without bail or mainprize by the space of three moneths and further to the next quarter sessions to be holden in the said shire city burrough c. next after the end of the said three months which quarter sessions the party offending upon his repentance and reconciliation shall be discharged out of prison upon sufficient security for his good behaviour for one whole year but if he or they will not repent and be reconciled then to be committed again to the said Gaol there to remain until he or they shall repent and be reconciled for their offences If any person shall receive the offendor or disturbe the arrest he shall forfeit to the Queene her Heires and Successors for every such offence the summe of five pounds If any offendor bee not taken but escape hee shall forfeit to the Queene for every such escape five pounds The Justices of Peace Justices of Assize Justices of Oyer and Terminer all Mayors Bayliffs Justices of Peace within any City Borough or Town-corporate have power and authority to enquire into heare and determine the offences and misdemeanors aforesaid and to set fines and amerciaments therefore This Act doth not take away any authority jurisdiction c. of Ecclesiasticall Lawes then in force This Statute repeales all Statutes made against the Church of Rome particularly Anno 1 2 Phil. Mar. cap. 8. the Statute of 21 H. 8. 13. made against plurality of Benefices taking of Farmes by Spirituall men and non residence The Statute of 23 H. 8. 9. That no person shall be cited out of his Diocess wherein he or she dwelleth except for certain cases Stat. 24 H. 8. 12. That Appeals in such cases as had been proved in the See of Rome should not from henceforth be had nor used but within this Realm Stat. 25 H. 8. 19. entituled The submission of the Clergy to the Kings Majesty Stat. 25 H. 8. 20. concerning restraints of Payments of Primates and First-fruits of Arch-bishopricks Bishopricks to the See of Rome Stat. 25 H. 8. 21. concerning the exoneration of the Kings Subjects from exactions and impositions before that time paid to the See of Rome and for having licences and dispensations within this Realm without suing further for the same Stat. 26 H. 8. 1. concerning the Kings being supreme head of the Church and to have Authority to reform and redresse all errors heresies and abuses in the same Stat. 26 H. 8. 14. for nomination and confirmation of Suffragans within this Realm Stat. 27 H. 8. 15. whereby the King should have power to nominate 32. persons of his Clergy and Lay Fee for making Ecclesiasticall Lawes Stat. 28 H. 8. 10. Extinguishing the Authority of the Bishop of Rome Stat. 28. H. 8. 16. For release of such as then had obtained pretenced licences and dispensations from the See of Rome Stat.
seized into the Kings hands for his Recusancy or any part thereof Every covicted Popish Recusant not married in some open Church or Chappel or otherwise then according to the Church of England by a Minister lawfully authorized shall be disabled to have any estate of Freehold by Curtesie of England And every woman being a popish Recusant convict which shall be married in other form then as aforesaid shall be disabled not only to claim any Dower or Joynture but also the Widowes Estate and Frankbanck in any customary Lands whereof her Husband died seized and likewise from having part of her husbands goods by virtue of any custome of any County City or Place And if a man be married contrary to the true intent of this Statute to a woman who hath no Lands or Tenements whereby he may become Tenant by Curtesie he shall forfeit 100 l. to be paid as aforesaid Every Popish Recusant which shall have a child born and shall not within a moneth after cause it to be baptized by a lawfull Minister according to the Lawes of the Realm in some usuall place of Baptisme or if by infirmity the child cannot be brought to such place then to be baptized by some Minister within the moneth if he beliving by the space of a moneth or if he be dead then Mother of such Child shall for every such offence forfeit one hundred pound one third part to the King the other to the Informer who will sue for it the other third part to the poor of the said Parish to be recovered in any of the Kings Courts wherein no Essoine c. shall be allowed If any Popish Recusant not being excommunicated shall be buried in any place other then the Church or Church-yard or not according to the Ecclesiasticall Lawes of the Realm That the Executors or Administrators of every such person so buried knowing the same or the party that so burieth him shall forfeit twenty pounds to be paid as aforesaid If the children of any of the Subjects within this Realm the said children not being Souldiers Mariners Merchants or their Apprentices or Factors shall be sent or goe beyond seas without licence of the King or six of the Privy Councell whereof the principall Secretary to be one under their hands and seals that very such child shall take no benefit by any gift conveyance descent devise or otherwise untill he being above the age of eighteen years take the oath mentioned in an Act made that Session intituled An Act for the better discovery and repressing Popish Recusants c. before some Justice of Peace of the County where such Parents of such Children as shall be sent did or shall inhabit In the mean time the next of kin who is no popish Recusant shall enjoy all the said Lands c. untill the person so sent shal conforme himself and take the said oath receive the Sacrament of the Lords Supper and then he who hath received any profit as aforesaid shall restore the goods or value to him who shall so conform himself He that shall so send his child beyond seas shall forfeit one hundred pounds to be recovered as aforesaid No convict popish Recusant shall present to a Benefice with Cure Prebend or grant an Advowson or collate or nominate to any Free-school or Donative whatsoever The Chancellor and Scholars of the University of Oxford when any such become void shall have the nomination presentation collation and Donation of any such Benefice Prebend or Ecclesiasticall Living School Hospitall and Donative in the Counties of Oxford Kent Middlesex Sussex Surrey Hampshire Barkshire Buckinghamshire Gloucestershire Worcestershire Staffordshire Warwickshire Wiltshire Somersetshire Devonshire Cornwall Dorcetshire Herefordshire Northamptonshire Pembrokeshire Carmarthenshire Brecknock-shire Monmothshire Cardiganshire Montgomeryshire and the City of London so long as the Patron shall remain a Recusant convict The Chancellor Scholars of the University of Cambridge shall have presentation c. to all such Benefices aforesaid being in the Counties of Essex Hertfordshire Bedfordshire Cambridgshire Huntingtonshire Suffolk Northfolk Lincolnshire Rutlandshire Leicestershire Derbishire Notinghamshire Shropshire Cheshire Lancashire Yorkshire the County of Durham Northumberland Cumberland Westmorland Radnorshire Denbyshire Flintshire Carnarvonshire Angleseyshire Merionethshire Glamorganshire so long as the Patron shall continue a Recusant convict If the Chancellor and Shollars of either University shall nominate or present Quaere who shal have the next presentation nomination to any such Benefice c. any person who hath any other Benefice with cure of souls every such nomination and presentation shall be void A convicted Recusant shall neither be Executor or Administrator nor Gaurdian in Chivalry or Socage The next of kin of the children of Recusants convict to whom the Estate cannot descend who shall usually resort to Divine Service according to the Lawes and receive the Sacrament shall have the Guard and education of the children and of the Lands and Tenements holden in Knights-service untill the full age of 21 years and of the Lands in Socage as Guardian in Socage and of Customary Lands by copy of Court Roll so long as the custome shall permit the same and in every of the said places shall yeeld an account of the profits to the Ward All Grants of Wards either of the King or any other to any Popish Recusant shall be void No person shall bring from beyond Sea print sell or buy any Popish Primers Ladies Psalters Manuels Rosaries popish Catechisms Missals Breviaries Portals Legends and lives of Saints containing superstitious matter upon penalty of fourty shillings to be forfeited as aforesaid viz. one third part to the King an other to the Informer who will sue the other to the poor of the Parish where such book shall be found Justices of peace in their Limits Mayors Bayliffs chief Officers in Corporations may search the hous of every popish Recusant convict the hous and lodging of every person whose wife is a popish Recusant convict for popish books and Relicks of Popery And if any Altar Pix Beads Pictures or such like popish Reliques or any popish books shall be found as in the opinion of such Officers shall be thought unmeet for such Recusants they shall presently be defaced and burnt if meet to be burnt All Armour Gunpowder and Munition whatsoever any popish Recusant convict hath or shall have in his own house or in the hands of others shall be taken from them by warrant of four Justices of peace at their Generall or Quarter-sessions other then such necessary weapons as the four Justices shall think meet for defence of the said Recusants in defence of their houses and the said Armour and Munition so taken shall be kept at the costs of the said Recusants in such places as the four Justices shall appoint If any such Recusant which hath such armour c. or any person who hath any such armour c. for the use of such Recusant shall refuse to declare unto the
ought to be obeyed before Man nay if any man in his conscience believes that they do repugn Gods law whereas they do not in that thing he ought not to submit to them But let that man have a care that he have not the spirit of pride in him which he pretends to be Conscience for an evil Conscience shall never justifie any man for his disobedience nor shall ever any mans hating of Idols excuse his committing of Sacrilege And let no man hope that his fancying some errors in a Church does give him a liberty of putting himself out of the communion and society of the Church and setting up of himself in stead of it No Christian man can hope for salvation but as he is a Member of Christs Church nor ought any Christian man to hope that any Heathen man can be saved in the ordinary way of salvation For there is no name under heaven by which a man can be saved but only by the name of Jesus And He that obeys not the Church is to be accounted as a Heathen man S. Mat. 18. 17. 7. Temporal or Secular laws oblige not only in Conscience but also The obligation of temporal Laws to temporal punishments That they inflict temporal punishments is evident every where in the world as well for spiritual as temporal crimes Thus did Phineas turn away Gods wrath from the children of Israel Numb 25. 11. So did Joshuah for Achans sacrilege that is stealing or converting to common or prophane uses what is dedicated and offered up to God attone and pacify Gods wrath by stoning Achan to death Jos 7. So did Solomon put Shimei to death by Davids will because he cursed Gods Anointed and his Soveraign which was a spiritual crime And God commands the temporal powers not to suffer a Witch to live and Witch-craft is a spiritual crime And that temporal laws do oblige aswell in conscience as inflict corporal pecumary mulcts is evident Rom. 13. 5. Wherefore ye must needs be subject not only for wrath but also for conscience sake And the subjection that the Apostle there speaks of is to temporal powers Object But God has ordained temporal powers for the preservation of peace what if they command things which do not conduce to the preservation of peace among men ought they to be obeyed by them who are in subjection to them or not Answ I answer The question is absurd for the temporal commands or laws cannot hinder peace among men but the disobedience to them is that which hinders peace among men Charity is the chiefect Theological Virtue and preferred before Faith or Hope Charity beleeveth all things 1 Cor. 13. And how can I be a Charitable man and not beleeve that supreme powers assisted by the best qualified men who make it their whole employment see and understand more that such a law is for the good and peace of the governed then I who am not versed in those things nor dounderstand from what reasons and grounds this thing became a law But who is he that disputes his obedience and speaks evil of dignities No man that is a private man that judges another but condemns himself Ro. 2. 1. And speak not evil one of another he that speaketh evil of his brother and judgeth his brother speaketh evil of the law and judgeth the law but if thou judge the law thou art not a doer of the law but a judge Jam 4. 11. 8. Temporal Laws oblige the Conscience when they command nothing When Temporal Laws oblige the Conscience contrary to the Law of God nor his Church when they command any thing contrary to the Law of God and impose a penalty for not observance Men must submit to the penalty but obey God For whoso loses his life for my sake and the gospels shall find it St. Mar. 8. 35. 9. Temporal Laws oblige not in Conscience when they command Ecclesiastical Laws oblige in Conscience before Temporal contrary to Ecclesiastical for spiritual peace is to be preferred before worldly the good of the soule before that of the body First seek the kingdome of heaven and the righteousness thereof St. Mat. 6 33. CHAP. VII Of Promises Contracts c. 1. A Promise is the giving of a Mans Faith unto another that he will A Promise do or give or not do or give such a thing fidem do me daturum vel prestiturum aut non or dabo or faciam or non dabo or faciam is a promise and to the performance of his promise is every Man obliged by the Law of Nature But when the Declaration of my will does not evade into Faith given my Annot. will being free continues free after such declaration as well as before As if I say volo dare vel facere I will or intend to do or give such a thing yet when I will I may will to do such a thing and therefore if a Man make twenty Wills yet when be will he may unwill them all So if a Man upon things appearing reasonable does will to give or do any thing yet if upon discourse or reasoning it shall appear that the giving or doing such a thing will not have such an event as he proposed he may choose whether he will give or do that thing nay if he be convinced that the doing of such an act will not have such an effect as he proposed and shall notwithstanding do it this is the act of a wilful and not a prudent Man 2. A Vow is when one plights his Faith to God that he will give A Vow to God or a Creature such a thing All Promises and Vowes are either made by words in the future tense as dabo or faciam or by words in the present tense as fidem do but then the habendum prestandum or faciendum is alwaies in the futuretense as fidem do me daturum vel facturum 3. A Contract or Pact is the conditional act of two or more mutually A Contract or Pact promising one another to give one another something in exchange or when two or more mutually promise one another that if one will do or give such a thing that then the other will do or give such a thing upon the doing or giving of one part the other is by Law obliged to performe his promise or upon the giving or receiving any part of what is contracted for both parties are obliged to performe their contract As if I contract with another to give him ten pounds for a horse and give him six pence or more or less this being an outward express sign of the contract both parties are obliged the one to pay the residue of the mony and the other to deliver the horse or upon the payment or delivery of the horse by one party the Law obligeth the other to the performance of his promise So if I promise another to give him five shillings c. to do such a thing for my self or for
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
Queens Realms or Dominions should incurre the danger of a Premunire If any man shall the second time maintain the Pope to have any jurisdiction or authority in any of the Queens Dominions it shall be Treason The Oath set forth in the first Eliz. cap. 1. shall be taken of all Ecclesiasticall Orders of all degrees in the University of School-masters Utterbarristers Benchers Readers Ancients Pronotaries Atturneys Philizers Sheriffs Escheators Feodaries Officers of the Common-Law Officers of any Court but none above the degree of a Baron may be compelled The Bishop may tender the oath to any spirituall person in his Diocesse The Lord Chancellor or Keeper shall direct Commissions under the Broad-seal to any person or persons giving them authority to minister the oath to any such persons as by the aforesaid Commission the said Commissioners shall be authorised to tender the oath unto Any person aforesaid refusing to take the Oath and being thereof legally convicted within one year shall for the first offence incur the danger of a Premunire and for the second shall suffer as in case of High Treason Every Knight Citizen Burgess or Baron for any of the Cinque Ports shall take the said Oath and in case of refusall shall be deemed no Knight Citizen Burgess or Baron It was enacted That if any person in the Queens Dominions should use Anno 13 Eliz. cap. 1. or put in use any Bull of absolution or reconciliation formerly had or afterward to be obtained from the Bishop of Rome his successors or any claiming under him or if any person shall by virtue of such Bull take upon him to grant or promise to any person any such absolution or reconciliation or if any person shall willingly receive such absolution or reconciliation or shall obtain from the Bishop of Rome any manner of Bull Writing or Instrument containing any thing whatsoever or shall publish any such Writing or Instrument shall be adjudged a Traitor The aiders comforters and maintainers of the offendors after offence shall incur the pains and penalties of a Premunire Every person to whom such Absolution Reconciliation Bull Writing or Instrument shall be offered moved or perswaded to be put in use and shall conceal such motion or perswasion and not disclose the same within six weeks following to some of the Queens Councell or to the President or Vice-President of the North parts or in the Marches of Wales shall incur the danger and penalty of a Premunire The bringers into the Realm or using any Agnus Dei Crosses Pictures Beads c. from the Bishop of Rome or any claiming authority from the Bishop of Rome to consecrate the same as well the parties bringing as the parties receiving shall incur the danger of a Premunire But if any person to whom such Agnus Dei c. shall be tendred shall apprehend the person tendring the same and bring him to the next Justice of Peace within the County where the said tender shall be made if it be in his power or for lack of ability shall within three dayes disclose the names of the person so tendring or his place of resort to the Bishop of that Diocess or to any Justice of Peace of that Shire where such persons are resiant or if any person receive such Agnus Dei c. and shall within one day after receipt deliver the same to any Justice of Peace within the same Shire that then every such person shall not incur the penalties abovesaid All they who within three moneths after dissolution of the Parliament shall bring in and deliver all such Bulls Writings Instruments of Reconciliation to the Bishop of the Diocesse wherein such absolution had been made to be cancelled and confesse and acknowledge his offence and desire to be received into the Church of England shall be clearly pardoned of such offence And every person who had received any absolution from the Bishop or See of Rome or any reconciliation unto the Bishop or See of Rome since the first year of the Queen and shall within three moneths after any Session or dissolution of the Parliament come before the Bishop of the Diocess where such absolution or reconciliation was made and publickly acknowledge his offence therein and humbly desire to be restored and admitted into the Church of England shall be clearly pardoned of such offence If any Justice of Peace to whom any matter or offence before mentioned shall be uttered doe not within 14. dayes after signifie and declare the same to some one of the Queens Privie Councell that then such Justice shall incur the danger of a Premunire Noble-men shall be tryed by their Peers Saving to all persons Bodies politique and corporate their heirs and successors others then the said offendors and their heirs all rights titles possessions c. as they or any of them had at the day of committing the offence aforesaid or before Stat. 23 Eliz. cap. 1. makes it Treason for any who shall have or pretend to have power or shall by any means put in practice to absolve perswade or withdraw any of the Queens Subjects from their naturall obedience or with-draw them for that intent from the Religion now by her Highness authority established to the Romish Religion Or if any person shall by any means be willingly absolved or willingly be reconciled or shall promise any obedience to any forrein pretended Authority Prince State or Potentate and be thereof lawfully convict shall suffer as in case of High Treason The aiders maintainers and concealers who shall not within twenty daies at furthest disclose the same to some Justice of Peace or higher Officer shall suffer as in case of Misprision of Treason Every person who shall sing or say Masse shall forfeit 200 marks and suffer imprisonment during one whole year And every person who shall willingly hear Masse shall forfeit one hundred marks and suffer imprisonment for a year Every person above sixteen years of age who shall not repair to some Church Chappel or usuall place of Common-prayer and forbear the same contrary to the Stat. 1 Eliz. for uniformity of Common-prayer shall forfeit 20 pounds for every moneth and over and besides if he or she shall forbear for the space of 12. moneths after certificate thereof in writing made into the Kings Bench by the Ordinary a Justice of Assise and Goal-delivery or a Justice of peace of the County where such offendor shall dwell or be shall for his obstinacy be bound with two sufficient Sureties in the sum of 200 pounds at least to the good behaviour and so continue bound untill such time as he shall conform himself and come to Church according to the true intent of the Statute of the said 1 Eliz. Every person Body politique or corporate who shall maintain a School-master who shall not repair to the Church as aforesaid or be allowed by the Ordinary of the Diocesse where such School-master shall be kept shall forfeit for every moneth ten pound And such
the Scots no whit edified by his concessions the next year upon no cause given by the King they not only arm but enter the Nation in open hostility from his granting them their concessions the English Faction urge his granting all things how dishonourable soever even to the shedding of humane blood nor would they have stayed there had not the Kings utmost necessities put him upon other resolutions of seeking his preservation otherwaies then by granting all the exercise of the Militia and Regalities to those men who made so bad use of his precedent benefits and favours Machivel in the 26. chap. lib. 1. de repub advises every new Prince that The Kings cause was most prudent as well as just unjustly possesses the City or Region of another that by how much he understands himself more weak to conserve his Empire either by lawfull ruling or by instituting a free Common-wealth by so much the more he intends this only that as he is a new Prince so in his Principality he does innovate all things that he create new Magistrates marked by new names and to them he choose new men that he distribute the goods of the rich to poor men and make them rich And as it is reported of King David so it may be said of him He hath filled the hungry with good things and the rich he hath sent empty away c. and the reason he gives is that no man in his Region that holds any thing but must confesse he obtained it of the Prince But if he be so great at policy in Princes who unjustly possesse anothers right to innovate all things then in reason besides the justness of it there can be no greater prudence in Princes who reign by inherent birth-right and to the wrong and prejudice of no man to rule and govern by the old received and established Lawes of the Nation to innovate nothing where there is no apparent necessity neither in Church or State in Lawes or Religion yet who hath not seen the most Saintlike and Glorious Monarch of the Western World whose right was derived from innumerable ancestors nor was there upon the face of the earth any one that could make any colourable pretence of right to his Crown prosecuted arraigned condemned and executed by his own naturall Subjects and his Queen and Posterity banished for no other reason but because he did endeavour to have governed and protected them by the known and established Lawes of the Nation So little avails the skilfulness of the Pilot how good great or just soever if the wind of divine favour wherewith eternall providence governs mortall affaires help not to bring our actions to their desired Port Sir Edward Coke in the Pleas of the Crown Cap. Petty Treason prop. sin A short view upon the 3. Nations since they cast off their obedience observes that in perusall of all books Histories and Records it was never found that Treason did ever attain the desired end but did alwayes prove fatall destructive to the undertakers Let any man but see Gods judgments upon the Kirkmen of Scotland and the Roman Catholicks of Ireland if they be not either vagabonds abroad or the most miserable slaves in the world at home for although it so pleased the divine providence that their iniquities prevailed against the King yet did the divine vengeance overtake them by a third faction so new contemptible and obscure that it was not only in their undertaking not feared but in the beginning never heard of in the world It is true indeed the English Presbyterians who had most basely accepted a canting thing called the Covenant from the Kirkmen of Scotland and as injuriously imposed it upon their fellow Subjects have not been so highly chastised in the generall by them as they in Scotland the Roman Catholicks in Ireland have yet were they so far from attaining their ends that since all this Nation abounded with factions that was the most hated and despised by all other Nor were the other Factions much more reconciled and true to one another then to the Presbyterians for the Army commanded by Oliver Cromwell turned out the Rump of the Long Parliament which headed the Independent party and after Cromwells death the Army receives the Rump and displaces his posterity and surely in this world is not to be found in any family so many and so great distractions and dissentions as were in the late Protectors nor did the Rump of the late Long Parliament maintain their long fought for and new restored Dominions but were rejected by those creatures that did restore them with very small hopes of ever attaining to it again Yet did the Rump after reassume their supremacy and proceeded as high and arrogantly as if they had never done wrong but suffered all injustice and wrong by their interruption when not only the Treasure of this Nation was exhausted and all Crown Church and Delinquents Lands and Compositions converted and consumed but the whole traffique of the Nation interrupted and destroyed And if it were so dangerous a thing to a Nation for one Faction to be formidable in Church or State how dangerous was it where there is no visible Church and nothing but Factions in all the State Although man by nature be a sociable creature and men do and ever did since there were any records of time live in society by right or usurpation to something superior to either the Fathers or Masters Power yet since the exercise of all power is politique humane or voluntary and therefore divers Princes govern by divers Lawes as they sort with the natures and dispositions of their Subjects and not only so but all Princes govern their own Subjects by differing Lawes according to their site and nature of their Subjects for it were a most unreasonable thing that the same Lawes should be imposed upon Mediterrane places where are observed in Maritime or that the Laws and Usages of the City of London should be required to be observed in every Country Village c. And since that some Nations doe almost without contradiction upon all occasions obey the Lawes of their Princes with out dispute as the Muscovites Armenians Persian Indians c. others scarce ever unlesse they be governed by their ancient received Laws ordinarily in extraordinary cases by Laws passed in some publick Assemblies as the Germans Swedes Polanders and Danes others are governed peaceably by their ancient received Laws in the usuall administration of Justice and in extraordinary cases doe admit of new ones having them rarely passed in publick Conventions such are the Italians Spaniards and French and this doth not proceed from any abject baseness or meanness of spirit for in the world are no where found men more generous and valiant And some are rarely governed long in peace although governed by old Lawes ordinarily and the consent of the major part of the Freeholders as they conceive by their representatives in passing new ones as
with the sword all stubborn and evill doores But whatsoever the Queene or Church did declare the Lawyers would The Lawyers exception of the Statute of 1 Fliz. cap. 1. not lose so much Grist as this Stat. of the first of Eliz. brought to their Mill and therefore the fourth conclusion in the 3 part Institutes 43 is That when an Act of Parliament is made concerning things meerly spirituall as Heresie c. yet the Act being part of the Lawes of the Land the same shall be construed and interpreted by the Judges of the Common-Law who usually confer with those that are learned in that profession so that all Spirituall jurisdiction doth utterly vanish whensoever the Temporall power shall doe any thing in derogation of it and in truth ever since the Statute of the first of Elizabeth all cognizance not only of Heresie c. but the cognizance of the worship and service of God and administration of Sacraments have upon the matter beene determined at quarter-Sessions and assizes and since ths uniting of all forraigne jurisdiction in the Crowne many places in England that were not in ordinary Episcopall jurisdiction and immediatly under the Pope are become out of all cure of Soules and for ought can be known are not any part of any Christian Church If the Queen be supreme Governor in all Spirituall cases under Christ then are not Bishops and Priests immediately Christs Ministers but the Queens Nay then may she ordain confirm and consecrate the Sacraments which the Church of England Art 37. King James Spot Hist anno 7 Regni doth deny The preamble of the first of Eliz. cap. 1. Is a supplication of the Lords Obsecrable things in the 1. 2. chap. 1 Eliz. Spirituall and Temporall and Commons that those things therein might be passed into a Law whereas the Lords Spirituall a a Camb. Eliz. Reg. 16. being nine nor were there then fourteene alive and all who were present not only stiffly opposed it but were all of them deprived because they would not conform thereunto and take the Oath of Supremacy made by that Act. In the 2. chap. Pag. 36. 1 Eliz. there is a very strange clause viz. The Queenes Majesty the Lords Temporall and Commons assembled doe in Gods name earnestly require and charge all Arch-Bishops and Bishops and other Ordinaries that they endeavor themselves to the utmost of their knowledge that the due execution of that Law may be had throughout their Diocesses and Charges as they will answere before God for such evills and Plagues wherewith God may justly punish his people for neglecting this good and wholsom Law and yet the Temporall powers by this very Law have power to heare and determine all things in it as well as the Spirituall whereas Praeces lachrima sunt arma Ecclesiae all alwaies the Church formerly did supplicate protection from the temporall powers The Queene did not make an alteration and change in the Religion and By what degrees Religion was charged Service of God on a suddain but by degrees for for a whole moneth or more after the death of Queene Mary the Roman Religion continued in the same state it did before upon the twenty seventh of December leave was granted to have the Epistles Gospells ten Commandements the Lords Prayer Creede and Letany in the English tongue The two and twentieth of March when the Nobles and Commons were met in Parliament the entire use of the Lords Supper viz. in both kindes was allowed and the Law made to that intent in Edward the sixts dayes revived and put in new force The twenty fourth of June the Sacrifice of Masse was abolished and the Liturgy in the English Tongue established by Parliament In July the Oath of Supremacy was propounded to the Bishops and others and in Aug. Images were removed out of Churches and broken ot burnt Cambd. Eliza Reg. 39. From the first of Eliz. untill the eleventh yeere of her Reigne no person How the Laws made for conformity to the Service of the Church were observed of what perswasion soever at any time refused to come to the publique Divine Service celebrated in the Church of England being so evidently grounded upon the sacred and infallible word of God that the Bishop of Winchester in his answere to Tortus page 42 is not afraid to affirme positively that the Pope Paulus quartus which is misprinted for it should have been Pius quartus if the Queene would have acknowledged his authority would have been so kinde as to have established all the Rites and Ceremonies now used in the Church untill the Bull published against the Queene by Pius the Fift whereby he excommunicated her and deprived her of her Kingdome and forbad all her Subjects upon like penalties to be so hardy as to obey her Admonitions Lawes or Commandements and did absolve all men who had upon any occasion taken their oath to her of all fealty and service due unto her by reason of her Government which Bull produced no other effect then the severe Statute made the thirteenth yeere of the Queene against all men who should endeavor to put it or any such in ure or execution or should receive or take any absolution or reconciliation from the Church of Rome But afterward these Parliament Laws for the conforming to Divine Service established became as much disobeyed by another generation of men called Puritans and therefore the Statute of the thirty fift of Elizabeth cap. 1. was made expresly against them yet would they never be restrained untill they upon pretence of Reformation brought a desolation upon both Church and State Shee was truly pious who daily as soone as she rose set a part some time Of the virtues of Queen Eliz. for the worship and service of God afterwards at set houres retired her selfe into her private Closet frequented the Chappell duly upon Sundaies and holydaies nor was there ever any Prince that with greater devotion was present at divine Service In black aray and after the manner of the former ages she heard attentively Lenten Sermons although she would often say what she had read of Hen. 3. her predecessor That she had rather devoutly speak to God in Prayer then hear others discourse eloquently of God in their Sermons and of the Cross the blessed Virgin and of the Saints shee thought reverently nor did shee ever speake of them without a certain reverence nor patiently heare others speake of them without the like * to these may justly Camb. Eliz. Reg. 14. be added a wisdome and prudence in Government so far above her sex that certainly shee in that kinde is not to be parallell'd by any of her masculine predecessors and these vertues were crowned with that felicity that all along her long Reigne shee was most passionately and obsequiously hononred by her Subjects a rare thing among Islanders and not to be found in any time before her in any of her Predecessors Yet sure
she was rather carefull to conserve peace at home then to maintain it abroad and was more mindfull of the present age then of posterity and sure that King that succeeded her might justly expect to finde a hard taske so to Govern as to preserve the love and obedience shee had for besides her prudence and frugality in Government and expences she was single had not any kindred in the Nation which were any charge to her whereas the King succeeding not only having a Queen but also Posterity must multiply expence whereby hee shall lose the affections of his Subjects from whom it must be raised or abate of the magnificennce which is necessary for the reputation and Regality and which every Monarch ought especially to be carefull of for Where Majesty or Power is contemptible the exercise of them is never permanent Ecclesiasticall Lawes made by King James THis Statute doth Enact That all Statutes made by Queene Elizabeth Anno 1. Jac. cap. 4. against all Jesuites Priests and Seminaries made in the Church of Rome and all those Statutes made against all manner of Recusants be put in due and exact execution Every Recusant that shall conforme himselfe to the Lawes and Ordinances of the Church of England and repaire to Church and continue there during the time of divine Service and Sermon according to the true intent of the statute in that case made in the time of Queen Elizabeth shall be discharged from all penalties of Recusancy so long as he continues in such obedience and conformity The heir of any Recusant who is no Recusant shall not incur any penalty for the Recusancy of his ancestor if at the death of any Recusant the heire of the Recusant be a Recusant and after become conformable to the Lawes and Ordinances of the Church and take the oath of Supremacy made in the first yeere of Q. Eliz before the Archbishop or Bishop of the Diocess then every such heir shall be discharged of all penalty hapning in respect of the Recusancy of his Ancestor If the Heire of any Recusant bee within the age of sixteene yeeres at the death of his Ancestor and after become or bee a Recusant that then hee shall not bee discharged from the penalty of Recusancy untill hee submit to the Lawes and Ordinances of the Church and take the said oath of Supremacy in manner and form expressed 23 Eliz. cap. 1. Where any seisure shall be had of the 2 parts of any Lands or Tenements c. for the not payment of the 20. l. due and payable for each moneth according to the Statute in that case lately made * in such case two third parts shall goe to the payment of the said twenty pound a moneth the third part shall not be extended by the King nor forfeited by the Recusant where any seisure hath beene made by the King and the debt or duty by reason of Recusancy not paid then the King may continue the seisure untill the residue of the debt be fully satisfied and discharged The King and his Heirs shall not seize nor extend any third part descending to any such heirs or any part thereof either by reason of the Recusancy of such heir or the Recusancy of his Ancestor Every person under the Kings obedience which at any time after the end of the session of that Parliament shall send any childe or other person under his Government into any parts beyond the Seas out of the Kings obedience to be resident in any Colledg or house of any popish Order or Profession whatsoever or repair to the same to be instructed in the popish Religion or in any sort to professe the same shall for every such offence forfeit to the King the summe of one hundred pounds and every person so passing or sent beyond the Seas in respect of himselfe or her selfe only and not in respect of his or her posterity be made incapable to inherit or purchase in any of the Kings Dominions If any person borne in any of the Kings Dominions at the making of this Act were in any such house or Colledg to be instructed in the popish Religion and should not return into some of his Majesties Dominions within one yeere next after the session of that Parliament and submit himself as is aforesaid shall be in respect of himselfe only and not in respect of his heirs and posterity utterly uncapable of inheriting or purchasing within any of the Kings Dominions Provided that if any such person shall afterward become obedient and conformable to the lawes and ordinances of the Church of England and repaire to Church according to the true intent of the said statutes and ordinances and continue so to doe that then every such person shall be discharged of such disability No woman nor any childe under the age of twenty one yeeres except Saylors and Ship-boyes or the Apprentice or Factor of some Merchant in trade of Merchandize shall be permitted to passe over the Seas without License from the King or six or more of the privy Councell under their hands upon paine that the officers of the Port that willfully or negligently did suffer any such to passe and did not enter the names of such passengers so licensed shall forfeit their office and all their goods and chattels and that every owner of any ship or vessell that shall willfully carry over seas any such person without license shall forfeit his ship or vessell and all the tackle and every Mr. or Mariner of or in any such ship offending as aforesaid shall forfeit all their goods and suffer imprisonment by the space of 12 moneths without baile or mainprize No person shall keepe any Schoole or be a Schoole-master out of any of the Universities or Colledges of this Realme except it bee in some publick or free Grammer-Schoole or in some such Noblemans or Noblewomans Gentlemans or Gentlewomans house as are not Recusants or where the said same Schoole-Master shall not be licensed by the Archbishop Bishop or Guardian of the Spiritualties of that Diocesse upon paine that as well the schoole-master as the party that entertains him shall forfeit for every day so offending the sum of forty shillings the one halfe to the King the other to him who shall sue for the same in any of the Kings Courts of Record in Westminster by Action of Debt Bill Plaint or Information in which no Essoine Protection or wager of Law shall be allowed Because some popishly affected did repaire to Church monethly whereby Stat. Anno. 3. Jac. cap. 4. they did evade the penalties imposed by precedent Parliaments as is alledged It was therefore Enacted That if any Recusant so conformed shall not once a yeere at least after the Session of Parliament receive the Sacrament in the Church of that parish where he or she usually abides or if there be no Church then in the Church next adjoyning shall forfeit for the first yeere the summe of twenty pounds for the second yeere