cum populi multitudine copiosa ac omnibus adhuc in eodem Parliamento personalit ' existent ' votis Regiis unanimiter consentientibus praeceptum decret ' fuit quod Monasterium Sancti Edmundi c. sit ab omni jurisdictione episcopor ' com' illius ex tunc imperpet ' funditus liberum exemptum c. Illustris rex Hardicanutus pred' regis Canuti filius haeres success ac sui patris vestigior ' devotus imitator c. cum laude favore Aegelnod ' Dorobornensis nunc Cantuariensis Alfrici Eborac ' episcopor ' aliorumque episcopor ' suffragan ' nec non cunctorum regni mei mandanorum principum descriptum constituit roboravitque praeceptum were Acts of Parliament Ibidem Rex Eldredus convocavit Magnatos Episcopos Proceres Optimates ad tractandum de publicis negotiis regni And this was a Parliament Inst 4. p. 3. But none of these you will say have the obligation of Laws upon us Well let us see those Acts of Parliament which have and what is the difference By the way no Acts of Parliament are now nor these 400 years have had the force of Statute-Laws in England but those made in Henry the Third's time and since And what was the first and great Act of Magna charta but Henry by the grace of God King of England Lord of Magna Charta an Act of Parliament Ireland c. We have granted to God and by this our present Charter have confirmed for us and our heirs for ever That the Church of England shall be free and shall have all her whole rights and liberties inviolable We have granted also and given to all the Freemen of our Realm for us and our heirs for ever those Liberties underwritten to have and to hold to them and their heirs of us and our heirs for ever Note this great Charter which made the Church and Nota bene Kingdom of England the most free in the world was a free and voluntary act of an English Monarch in Parliament And all that violation and destruction of all those happy Grants and Concessions both in Church and State have been made by a cursed conspiracie of a factious and seditious company of men falsly and most injuriously arrogating to themselves the name of Parliament without and against the Kings good mind and pleasure Charta Foresta was Henry by the grace of God King of England Lord of Ireland Duke of Normandy and of Guyen c. We will that all Forests which King Henry our Grandfather afforested shall be viewed by good and lawful men c. Statutum Hiberniae was nothing else but Henry by the grace of God King of England c. To his trusty and welbeloved Gerard son of Maurice Justicer of Ireland greeting Commanding him to cause the Customs recited in the Act and used in England to be proclaimed and streightly kept and observed in Ireland Statutum de Anno Bissextili was The King unto the Justices of the An. 21. H. 3. Bench greeting c. The Statute intituled Assisa panis cervisiae was An. 51. H. 3. The King to all to whom these presents shall come greeting We have seen certain Ordinances c. Stat. de Scaccario The King commandeth that all manner of Bailiffs Sheriffs An. 51. H. 3. and other Officers as well Justices of Chester c. Statutes made in the Parliament at Marleborough wherein the King An. 52. H. 3. made these Acts Ordinances and Statutes underwritten which he willeth to be observed for ever firmly and inviolably of all his Subjects as well high as low Statute of Westminster the first were the Acts of Edward the son of An. 3. Ed. 1. Henry c. by his Council and the assent of Archbishops Bishops Abbots Priors Earls Barons and all the Commonalty of the Realm c. the King ordained and established these Acts underwritten which he intendeth to be necessary and profitable unto the whole Realm First the King willeth and commandeth that the peace of Holy Church and of the Land be well kept and maintained in all points and that common right be done to all as well poor as rich without respect of persons c. Statutes made at Gloucester where our Soveraign Lord the King for An. 6. Ed. 1. the amendment of the Land and for the relief of his people c. hath provided and established these Laws underwritten willing and commanding that from henceforth they be firmly observed within the Realm Statute of Rutland hath no other title then The King to his Treasurer An. 10. Ed. 1. and Barons of the Exchequer and to his Chamberlains greeting c. Articuli super Chartas were Grants in Parliament made by the King An. 20. Ed. 1. at the request of the Prelates Earls and Barons assembled in Parliament Note the Commons are not so much as named in these Acts of Parliament The Statute of Quo Warranto made at Gloucester and Statute de Protectionibus An. 30. Ed. 1. An. 33. Ed. 1. made at Westminster the King only speaks Stat. de conjunctim Feoffatis The King unto all to whom these c. An. 34. Ed. 1. greeting And after the recital of the things contained in the Act it is said In witness of which thing we have caused these our Letters Patents I my self being Witness at Westminster Statute of Amortising of Land made by Ed. 1. only the King speaketh Ordinatio pro statu Hiberniae made 17 Ed. 1. the King speaketh by the assent of his Council Statute Ne Rector prosternat arbores in coemiterio only the King speaketh and neither Council nor Parliament mentioned An. 35 Ed. 1. Statute for Knights hath no other title then Our Lord the King hath An. 1. Ed. 2. granted c. And Stat. de frangentibus prisonam 1 Ed. 2. hath nothing to create it a Law but The King willeth and commandeth and neither Parliament nor Council named in either of them Articuli Cleri made at Lincoln the King and his Council are named An. 9. Ed. 2. The Statute of York was made by the King by the assent of the Prelates An. 12. Ed. 2. Earls Barons and Commonalty there assembled So that in these three Kings reign although the King did enact them in Parliament yet the manner was different almost in all In Ed. 3. his time was the form of enacting Laws truly defined and An. 1. Ed. 3. much used by him and the subsequent Kings At the Parliament holden at Westminster King Edward at the request of the Commonalty and by their Petition made before him and his Council in the Parliament and by the assent of the Prelates Earls Barons and other great men assembled at that Parliament hath granted c. In the next Parliament holden at Northampton the Laws are made by An. 2. Ed. 3. him and by the assent of the Prelates Earls Barons and other great
12. twenty nine Abbots and Priors for so many then were Lords of Parliament It is declared That where by divers sundry old authentique Histories and Chronicles it was manifestly declared and expressed that this Realm of England is an Empire and has been so accounted in the world governed by one Supreme Head and King having the dignity and Royal estate of the Imperial crown of the same unto whom a Body Politique compact of all sorts and degrees of people divided in terms and by names of Spirituality and Temporality been bound and ought to bear next to God a natural and humble obedience He being also institute and furnished by the goodness of God with plenary whole and entire power preheminence authority prerogative and jurisdiction to render and yield justice and final determination to all manner of folk resiants or subjects within this his Realm in all causes matters debates and contentions happening to occur insurge or begin within the limits thereof without restraint or provocation to any Forein Princes or Potentates in the world The body Spiritual whereof having power when any cause of Law Divine happened to come in question or of Spiritual Learning that it was declared interpreted and shewed by that part of the said body Politique called the Spiritual body then being usually called the English Church which always hath been reputed and also found of that sort that both for knowledge integrity and sufficiency of number it has been always thought and was also at that houre sufficient and meet of it self without the intermedling of any exterior person or persons to declare and determine all such doubts and to administer all such offices and duties as to the the rooms Spiritual did appertain For the due administration whereof and to keep them from corruption and sinister affection the Kings noble Progenitors and Antecessors of the Nobles of this Realm have sufficiently endowed the said Church both with honor and possessions And the Laws Temporal for trial of Property of Lands and Goods and for the conservation of the people of this Realm in unity and peace without rapine and spoil was and yet is administred adjudged and executed by sundry Judges and Ministers of the other part of the said Body Politique called the Temporalty And both their Authorities and Jurisdictions do conjoin together in the due administration of Justice the one to help the other This Statute does moreover affirm that Ed. 1. Ed. 3. Rich. 2. H. 4. and other Kings did make divers Laws Ordinances Statutes c. for the entire and sure conservation of the prerogatives liberties and preheminences of the said Imperial Crown and of the Jurisdictions Spiritual and Temporal of the same to keep it from the annoyance as well from the See of Rome as from other Forein Potentates and does make all Causes determinable by any Spiritual jurisdiction to be adjudged within the Kings authority All First-fruits and all contributions to the See of Rome by any Bishop St. 25. H. 8 cap. 20. were forbidden upon pain of forfeiture of all the goods and cattals for ever and all the Temporal lands and possessions of every Archbishoprick or Bishoprick during the time that he or they who offend contrary to the said Act shall possess and enjoy the said Archbishoprick or Bishoprick And that if any presented to the See of Rome by the King to a Bishoprick and he be there delayed he may be consecrated by an Archbishop in England and that an Archbishop presented to the See of Rome to be there consecrated and there letted may be consecrated by two Bishops of England And because the Pope hereof informed did not redress and reform the said exactions nor give answer to the Kings mind therefore the said Statute did prohibit any man to be presented to the See of Rome for the dignity of an Archbishop or Bishop or that any Annates or First-fruits be paid to the Bishop of Rome and that upon the avoidance of any Archbishoprick or Bishoprick the King his heirs and successors may grant to the Prior and Covent or Dean and Chapiter of the Cathedral Churches or Monasteries where the See of such Archbishoprick or Bishoprick shall happen to be void a Licence under the Great seal as of old time hath been accustomed to proceed to Election of an Archbishop or Bishop of the See so being void with a Letter missive containing the name of the person which they shall elect and choose and for default of such Election the King by his Letters Patents may nominate an Archbishop or Bishop and that every Archbishop Bishop to whose hands any such presentment or nomination shall be directed shall with speed invest and consecrate the person nominated and presented by the King his heirs and successors And if any Archbishop or Bishop Prior and Covent Dean and Chapiter shall for the space of twenty days next after such Licence or Nomination come to their hands neglect or shall execute any Censures Excommunications Interdictions c. contrary to the execution of any thing contained in this Act that then they incur the penalty of a Praemunire An act concerning the exoneration of the Kings subjects from exactions St. 25. H. 8. cap. 21. 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 The King shall be reputed Supreme Head of the Church of England St. 26. H. 8. cap. 1. and have authority to reform and redress all Errors Heresies and abuses in the same Every Archbishop and Bishop disposed to have a Suffragan may elect 26 H. 8. c. 14. discreet Spiritual persons being learned and of good conversation and present them under their seals to the King making humble request to his Majesty to give to one of the two such title name stile and dignity of Bishop of such of the Sees as the King shall think fit and that every such person to whom the King shall give any such stile and title of the Sees abovenamed viz. the Towns of Thetford Ipswich Colchester Dover Gilford Southampton Taunton Shaftsbury Molton Marlborough Bedford Leicester Glocester Shrewsbury Bristow Penrith Bridgwater Nottingham Grantham Hull Huntington Cambridge and the Towns of Perth and Barwick S. Germans in Cornwal and the Isle of Wight shall be called Bishop Suffragan of the same See whereunto he shall be named and that every Archbishop and Bishop for their own peculiar Diocese may and shall give to every such Bishop Suffragan such Commissions as have been accustomed for Suffragans heretofore to have or else such Commissions as by them shall be thought requisite reasonable and convenient And that no Suffragan shall use any ordinary jurisdiction or Episcopal power otherwise nor longer time then shall be limited by such Commission upon pain of the penalties mentioned in the Statute of Provisions made the 16. of Rich. 2. The King shall have authority to name Thirty two persons sixteen
any other way then by the established and received Laws of the Nation where mens vices and depraved manners do not require new ones I designe no more then to demonstrate that it was not your Majesties Father's and your own adherence to the established Laws but the iniquity of the times which made him a Victim and your Sacred self an Exile Nay in reason as well as justice it had been a most imprudent thing in either of your Majesties to have given up the Laws to the arbitrary lusts of your Adversaries or any one Faction For should either of your Majesties have indifferently renounced the Laws to your Adversaries being compounded of such different and contrary humors and affections then there was no visible means under Heaven to have cemented them and by consequence your Adversaries hostility and confusion continued and your own conditions no ways bettered or secured Or should either of your Majesties have renounced the Laws to have advanced any one Faction so above the rest and all your loyal Subjects that their arbitrary wills and lusts should have been the laws of all the rest and your other Subjects also yet should you not only have failed to have contented that Faction it being the nature of Faction never to bear any grateful acknowledgment for benefits received but on the contrary always abuse them to their prejudice from whom they received them and never rest until they have made themselves all and their Benefactors nothing at all or vile and miserable but have animated all the other Factions against your Majesties and it To the fulfilling of all singular and glorious Virtues in Your Sacred person is added Your being a Christian King and a Nursing Father of the Church of Christ and as if immediately sent from Heaven to cure and repair the wounds of this most miserably distracted Church although Your Majesty is descended from innumerable Royal Ancestors who have been Nursing Fathers of Christs Church yet are you not derived from any who have had the least hand in the late Sacrilege thereof And though Sir You are and ought to be a Nursing Father of Gods Church and a Patron and Defence against her ravenous and devouring Adversaries yet none of mortal men have been more Religious Sons of the Church then Your Majesty and Your Saintlike Father How unequal and how unjust then have been the sufferings of Princes so just so religious caused by Christians Your natural Subjects and these pretending Conscience whereas no School teaches men a better lesson of obedience to Princes then the Christian faith whenas the first principle or foundation of Subjects obedience to rightful Princes is founded in the Law of Nature however popular Orators and Atheists have against all sense reason nature and all authorities of sacred and profane History resolved it into the pacts and wills of men And conscience always supposes some superior law informing men to do or not do a thing or suffer when any subordinate power commands contrary to it whereas Your persecutors pretending concience trod underfoot whatsoever might be called sacred to the attaining their seditious and sacrilegious ends That God in his providence doth often permit the good and just to suffer persecution is evidently seen in all ages and places But in reason and prudence neither Your Majesties Father's nor Your own adherence to the established Government of the Church and the Rites Liturgy and Means thereof in Your adversities when they were so zealously persecuted by its and Your adversaries could be any cause thereof Neither would the desertion of it have any ways conduced to either of Your Majesties advantage for should either of Your Majesties have renounced the Church and rites thereof so as to have been a Christian King of such Miscreants who besides that they would not be of any Christian Church or society had by undue ways devoured the patrimony of the Church yet no man in his right wits could have imagined such men would long have been governed in peace or that all other men of their factions would have been content who had not made a prey thereof and there was not sufficient to content all nor indeed any at all or that the canine appetites of those men who had devoured the lands of the Church would not also have hungred after those of the Crown Or should Your Majesty have advanced any one Faction so above the rest that it should not only have tyrannized over the rest of the Factions but also Your Majesty and the rest of Your subjects yet could it not in reason have been expected that this Faction who by all Divine and Humane laws were subject to a Government founded upon our Saviour and his Apostles and by a continued series dispersed over the face of Christianity until of late it became violated in some places of Europe by seditious and sacrilegious men should so unjustly cast off their obedience so rightfully due and yet expect that their wills and lusts should long be received for Laws by the rest of the Factions and all other of their fellow-subjects But certainly Your constant adherence to the Church did proceed from the power and grace of God in You before any prudential or moral cause Notwithstanding that your Majesty is so constant a Preserver of Christs Church and Propagator of Christian religion and that your own conscience hath been so often attempted to be violated by men of none at all indeed yet so tender is your Maiesty of other mens that you will not force the conscience of any of your subjects pretending it A strange condescension any one will judge who considers the parties granting and expecting For should your Majesty command your Subjects any thing in derogation to the Majesty of God or forbid them the worship and service of God your Subjects might then justly plead conscience because the duty and allegiance which they owe to God is in the first place to be paid by all his creatures Or should your Majesty command any thing which were immoral or unjust as that your Subjects should dishonor your Majesty or their Parents c. they might justly plead conscience because that for Subjects to honor their King and children their Parents is founded in Nature and is a Law of God engraven in the minds of all mortal men or should your Majesty have lived in the Primeve times of Christianity when men by the light of Humane Nature apprehending a Deity to be publickly Worshipped and Served yet being ignorant of the manner misplaced it in Osyris Isis Iupiter Apollo an Oak c. then to have compelled them to have Worshipped God after the manner of Christians had been unconscionable and unchristian because they paid an acknowledgement of that Worship due to God by Nature and could not by Nature apprehend this but must wait upon God until that by the ordinary means of the Church or supernaturally inspired by God they should be converted thereunto Or should your Majesty command any thing
accounted Abrahams faith St. James 2. 23. That he would have offered up Isaac though by the law of nature Abraham should have preserved his sonne and so God ceased the motion of the Sun and Moon upon Joshua's prayer Jos 10. 12. And caused the same to go retrogade ten degrees upon the prayer of Hezekias and Isaiah 2 Kings 20. 11. It is true that nothing less then that power which made a Law can alter it the Laws therefore of God whether positive or natural have an eternal and immutable obligation upon all the men in the world but whatsoever power may make a Law that power may alter it Divine Laws therefore whether positive or natural cannot have any obligation upon God but he may alter them when he pleases CHAP. VI. The Obligation of Divine and Humane Laws upon the Consciences and Persons of Men. 1. COnscience comes of con and scio to know together with reason Conscience or some law Conscientia est animi quaedam ratio lex quâ de recte factis secus admonemur Conscience is a certain reason or law of the Mind whereby we are well or ill advised of our deeds The laws therefore of Man may not only be violated by doing contrary to them but by consenting to them As he which does contrary to that he thinks though the doing of the thing be just yet 't is unjustly done by him for whatsoever is not of faith is sin Rom. 14. 23. 2. The affirmative precepts of God they do semper obligare yet they The obligation of the laws of God do not oblige ad semper As when he commands us to pray continually it is not to be expected a man should be always in the act of prayer but so to live as he does nothing which may indispose him from praying But Gods negative precepts do not only always oblige but oblige ad semper too for there is no time at all wherein it is lawful for a man to kill to steal to commit adultery c. Deut. 5. 17 18 19 20 21. negative in all instances 3. Ecclesiastical laws do oblige in Conscience If thy brother shall neglect Ecclesiastical laws oblige in conscience to hear thee tell it to the Church but if he neglect to hear the Church let him be to thee as a heathen man or Publican Mat. 18. 17. And the Scribes and Pharises sit in Moses chair all therefore whatsoever they bid you observe and do but do not after their works for they say and do not Mat. 23. 2 3. If then by the law of our Saviour the Jews were to observe and do whatsoever the Scribes and Pharises commanded them because they sate in Moses seat sure with as much or much more reason ought Christians to observe and do whatsoever the Church which our Saviour Christ himself hath planted doth command them 4. My kingdom is not of this world Joh. 18. 36. God sent not his Son In conscience only into the world to judge the world but that by him he might save the world Joh. 3. 17. And O man who has made me a Judge or divider amongst you If then our Saviours kingdom were not of this world if God sent not his Son to judge the world and if our Saviour were not a Judge among men then cannot the Church of Christ have any power from Christ in the kingdoms of the world nor to judge the world nor to be a Judge or divider among men 5. Ecclesiastical laws according to the usage and custom of England To what things Ecclesiastical laws have reference relate to Blasphemy Apostacie from Christianity Heresies Schisms Holy Orders Admissions Institution of Clerks Celebration of Divine Service Rights of Matrimony Divorces general Bastardy Subtraction and Right of Tythes Oblations Obventions Dilapidations Excommunication Reparation of Churches Probate of Testaments Administrations and Accounts upon the same Simony Incests Fornications Adulteries Sollicitation of Chastity Pensions Procurations Appeals in Ecclesiastical cases Commutation of Penance which are determined by Ecclesiastical Judges 6. So that there is a mixt Conusance in the Ecclesiastical Judicature All things determinable by Ecclesiastical Judges are not meerly spiritual viz. of things meerly Spiritual by which they are impowered to judge and take conusance of and that by no humane power but only as they are impowered and sent by our Saviour and are only his Ministers viz. the taking conusance of Blasphemy Excommunication Heresie Holy Orders Celebration of Divine Service c. And this Ghostly power the Church and Ecclesiastical persons had before ever Temporal powers received the Gospel of Christ or were converted to Christianity And also after it pleased God that Nations and Kingdoms were converted to Christianity and that Kings did become nursing fathers and Queens nursing mothers Isa 49. 23. to Gods Church then did Kings cherish and defend Gods Church and endued it with many Priviledges and Immunities which ere while was persecuted by them or other Powers but yet could not these Immunities or Priviledges divest them of that Ghostly power which our Saviour by divine institution gave his Church It is true no question but that originally not only all Bishopricks and their bounds and the division of all Parishes and the conusance the Church hath of Tythes of Probate of Wills of granting of Letters of Administration and Accounts upon the same the right of Institution and Induction and the erection of all Ecclesiastical Courts c. were all originally of the Kings foundation and donation and that to him only by all divine and humane laws belongs the care and preservation of all his Subjects none excepted in all causes And therefore not only all those things which relate to the extern peace and quiet of the Church although exercised by Ecclesiastical persons but all those priviledges and immunities which the Church or Churchmen have in a Church planted which the Primitive Christians and Apostles had not in the persecution of the Church when planting are originally Grants of Kings and Supreme Powers and so Temporal or Secular Laws but in regard they accidentally have reference to the Church and are exercised by Ecclesiastical persons they are not improperly called the Kings Ecclesiastical Laws And sure either ignorance of this or faction hath made men run into two contrary extremes one That Kings have no right to their Crowns but in ordine ad bonum spirituale and so cannot be Kings or That all power and jurisdiction in all causes is from the King and so cannot there be any such thing as Christian faith Religion or any Ghostly power left by our Saviour with his Church to continue to the end of the world which every Christian man de fide ought to believe and submit to before any Temporal Law or Power in the world Object But beeause Ecclesiastical laws have not infallibility affixed to them if they command any thing repugnant to Divine laws do they then oblige Answer No for God
of the Antiquity of things having discoursed of the Creation of the World and Man and given a conjectural opinion of the state of Man before they had language houses or art enough to clothe themselves and having in the next Chap. discoursed of the fabulous Egyptian Gods and in the 3. of the site of Egypt and wonders of Nile and in the 4. of the causes of the inundation of it in the first Chap. of the second Part he descends to his History and gives a narrative of the original Government of the Egyptians under the Gods Heroes and Elective Kings for 18000. years together and after the Gods reigned Menas and that his progeny in fifty two Kings reigned 1400. years and did nothing memorable And then Busiris and eight of his posterity reigned the last of which was called also Busiris who built the great City called of the Egyptians The City of the Sun and of the Grecians Thebes not only the most stately in Buildings and adorned with all the Rarities of Nature of all the Cities of Egypt but of the whole world After him was Osymandrus and the eighth of his progeny from him Uchoreus who built the City Memphis And the twelfth of his offspring after him was Myris and Sesostres the seventh of his linage was King c. In the first Chap. of the second Book he treats of Ninus as the first King of the Assyrians and of Aricus King of the Arabians contemporary with him and of Barzanes King of the Armenians and of Farnus King of the Medians and in Chap. 2. of Zoroaster King of the Bactrians c. In the 3. Book treating of the Ethiopians beyond Lybia he speaks of the strange manner of the death of the Ethiopian Kings until that Ergamenis King of the Ethiopians in the time of Ptolomy the Second addicted to Philosophy and the Greek learning first despised that manner of dying which was this The Priests which offered sacrifice in Meroe and these were of greatest authority when it seemed good to them would tell the King that he must die for so the Oracle of the Gods commanded and that it was not meet that the will of the Gods should be contemned for the will of a mortal man and they add other reasons by which from an old observed custom they perswade the King to a voluntary death and all the antient Kings obeyed the Priests of their own accord not compelled by arms or force but overcome by superstition In lib. 3. cap. 4. he makes four kinds of Libyans to inhabit the midland coasts about Cyrene and Cirtes whereof they who dwell to the South are called Nasamones others sited at the West Anochitae others are called Marmaridae which inhabit between Egypt and Cyrene and part of the Sea-coast the fourth kind excelling in multitude of men are called Maiae The two latter obey Kings the third are under no Kings but always intent upon robbery they know no justice yet a little after he says they every year swore the people subject to them to obey their Prince He speaks not of the Government of the fourth but of the Amazons which in old time governed Libya Let us see the most ancient Government of Nations out of other From Egialus came the Egialian Region which was after called Apia Authors Scaliger out of Africanus and Eusebius in the year of the Julian period 2625. which was in the yeare of the world 1750. makes Egialus King of the Sicyonians not an hundred years after the Flood who reigned 52 years after him Europs 45 years after him Telchin 20 years after him Apis 25 years after him Thelxion 52 years after him Aegyrus 34 years after him Thurimachus 45 years c. Aventinus makes Tuisco the son of Noah who sent by his Father 131 years after the flood came into Europe with 20 Captains and reigned as King of the Germans 176 years and that Ingaevon Germanicè Ingaab as some say others Inwohner the brother of Mannus reigned after him 45 years After him Istaevon the son of Ingaevon whose wife Freia the Venus of the Germans gave the name Frey tag or Friday reigned 50 years After him succeeded Hermion or Horman the son of Istaevon who reigned 63 years To him succeeded Marsus the son of Hermion who reigned 46 years c. Inachus in the year of the world 2094. was King of the Argives who reigned 50 years Phorone his son succeeded in his stead who reigned 60 years Apis the grandchild of Phorone succeeded and reigned 35 years Argus Apis his son succeeded his father and reigned 70 years Criasus his son succeeded him and reigned 54 years c. Nay the very Athenians beginning at Cecrops for 867 years were governed by hereditary Monarchs before there were any footsteps of the Democracy or Archon Nor can any man shew unless where God was pleased peculiarly to reign or in the Lacedemonian Duarchy who were governed by two Kings descended from Eurysthenes and his brother Proclis who ruled in Lacedemon from about the year of the world 2848. until both lines became extinct almost together about the year of the world 3730. for above 3000 years after the Creation any other Government but Monarchy Hereditary nor any of them made from any Pacts or Contracts of Men. What therefore men feign to be originally in the People was truly in Kings and Justin says truly Principio Rerum Gentium Nationumque imperium penes Reges erat It was then a Golden Age not when Men lived in a promiscuous Herd or Rout as these Men and Poets feign but when Men content with their Government of Kings enjoyed peace and plenty in security And it is Mens wrangling about they know not what and not content with Regal Government that hath made such an Iron Age in the world If a man looks into Persia India Ethiopia and other parts of the world where Subjects content with those Governors which God hath given them continue in obedience thereunto he shall find them not only live securely but abound in all plenty and riches and yet may be said to enjoy a Golden Age and contract the Iron Age to those wrangling Europeans who not content with Gods Ordinance make to themselves an Iron Age and without end miserable by being always obnoxious to Confusions and Civil wars It is neither an Article of Faith nor can there be one instance given Annot. 1 out of sacred or prophane History that ever Supreme or Regal Power was ever made from the Pacts or Contracts of Men or consent of Families I do not therefore understand what should move Men against the constant practice of the world in all ages to require this for a principle which being vaine and superstitious all that can be deduced from thence cannot be better or amount higher Ob. But God and Nature never made the same thing of different species Annot. 2 and if all power in Government be from God how then came Government to be of different species viz.
was I conceive that Athaliah desired to cut off all the Royal seed of the house of Judah 2 Chron. 23. And that all Usurpers do not think themselves fafe in their usurpations unless they secure themselves by attempting greater viz. in destroying all the Progeny of those men who can make a better and more superior claim then they have Where therefore Democracies and Aristocracies if such many-headed beasts by the Law of God or Nature be sufficiently qualified to be capable of this power and Elective Monarchies have been of that continuance that no superior claim can be made justly by another let them continue their possessions still for all me Yet would I not for any good in the world venture my life in any of them or judge any man to death in any of them unless it could be made appear that God or the Law of Nature did ever institute any such things or that any where in the world they were not usurped or introduced by them who had no right to do it But however it is a most unreasonable thing that their actions of Adoption and Election should be taken for precedents in rightful Hereditary Monarchies which cannot admit them without a total dissolution and do justly attribute their Governments to a higher then humane cause 21. Where in Hereditary Monarchies the whole Line is extinguished Wherein the decision is to be by Lot there the decision is to be by Lot for The lot is cast into the lap but the whole disposition of it is of the Lord Pro. 16. 33. But if any one gets the possession before such disposition his Title by the antecedent proposition is good enough besides we have demonstrated by para cap. 1. lib. 1. that Jus primi occupantis is good by the Law of Nature 22. If it be Misera servitus ubi Jus est vagum aut incognitum a miserable How blessed and happy men are where Supreme powers and Laws are certain servitude where the Law our Lawyers by Jus. understand Law is wandring or unknown Then by the Rule of contraries it is a happy Freedom where the Law is certain and known to which a man may safely and securely direct his actions If it be a miserable slavery where the Law is wandring and unknown how much more miserable a slavery is it where the Supreme Power is wandring and unknown What confusions murders rapine and spoil of all things sacred and civil must men necessarily fall under The woful and miserable condition of this Nation since our late Distractions hath sufficiently manifested the consequence of it If then such a condition be so miserable how happy then is that Nation where by Gods mercy men are certain who is their Prince and to whom they may securely pay their obedience and assuredly expect protection in their lives and estates If there be nothing more servile and base then to be insulted and tyrannized over by them who by no right command over us how ingenuous and virtuous is it to be subject where by all Divine and Humane laws we owe our obedience For out of the offices of commanding and obeying did never any man live and where men will not be subject to them who may by right command over them they shall be slaves either to their own ambition or to others who by no right command over them And if it be most woful and horrible by resisting Higher Powers to incur damnation Note the Apostle does not say You must Rom. 13. needs be subject to Governments and whoso resists Government shall receive to himself damnation for the Empire of Thieves Robbers and Usurpers is Government but to Higher Powers who have a right of command from God to what a condition then have men brought themselves where either they are uncertain of the Supreme Power and so are either uncertain whether in their actions they incur this dreadful sentence or else where they are certain where the Supreme Power is and yet dare not for fear of their lives actively submit to it Who is the rightful English Soveraign and to whom all Englishmen by all Laws of God and Man owe their obedience is so evident that I never heard any man deny or dispute it 23. The ratio finalis or the end for which God hath ordained Kings The end for which Regality was ordained by God is for the protection of them whom God hath committed to their charge and government not only by all just and due means to protect them from the outward violence and oppression of their outward Enemies but also in peace inwardly and by all means to suppress all faction and sedition of ambitious men who would disturb it He chose David his servant and took him Psal 78. 71 72 73. from the sheepfolds as he was following the ewes great with young he took him that he might feed Jacob his people and Israel his inheritance So he fed them with a faithful and true heart and ruled them with all his power And that Kings may be nursing fathers and Queens nursing mothers to Gods Church Isa 49. 23. And consonant to these revelations of God by these noble Prophets is the declaration of the Saintly King Edward Confessor Rex auiem qui est summi Leg. S. Edw. cap. 19. Regis Vicarius ad hoc constitutus est ut regnum populum Domini super omnia sanctam ecclesiam regat defendat ab injuriosis maleficos autem distruat 24. By this which hath been said it is evident that the power of all No power arises from Conquest Kings is alike and equal viz. Supreme and Gods Ordinance and from the Law of Nature The difference between Kings is only in the exercise of their power some being contracted into narrower terms and others of a more vast extent and dilatation Where therefore one King extends the exercise of his power into the dominion of another by conquest or otherwise no new power ariseth from hence but only an extension of the exercise of the old And so by consequence the invasion usurpation or conquest of Subjects or others who before had no Regal power cannot create any after 25. Naturalia determinantur ad maxima minima There is nothing How far and when Conquest is to be obeyed and submitted to in Nature but bath its beginning termination and ending And so Regal power hath its beginning termination and ending from the Laws of Nature and all men are to be subject to those powers wheresoever they are For no man when he comes into the power of any Prince whether he be his natural Soveraign or nor but is obliged and subject to the power of that Prince wherein he is therefore if a Frenchman goes into Spain or a Spaniard comes into England they are subject to the powers of Spain and England so long as they continue there And since it is impossible that two Supreme powers can be in one place where any one
King comes to be in the exercise of another Kings power he is subject to that King so long as he continues in the exercise or dominion of that King By more reason therefore ought the Subjects of any Prince to be in subjection to Supreme powers so long as they continue in the exercise of their power whether it were by Conquest or not Besides God hath ordained Supreme powers for mens preservation not their destruction And there must be some visible power upon earth which may put a period to and decide differences or they will be endless But there is no power under heaven but their sword that can put a period to the differences of Princes what therfore in such case the sword decides ought to be obeyed and the conquered Subjects nay Princes who come into the dominion or exercise of anothers power ought to be subject to it so long as they continue therein God therefore pronounceth Zedekiah a Rebel against Nebuchadnezzer But this reason cannot 1 Chro. 36. 13. hold for Subjects against their Soveraign where the Law may decide their Regal power cannot be transferred nor communicated by any humane or voluntary act differences and where by no Law of God or Man they are permitted to take the sword 26. Cujus est velle ejus est nolle No power less then that which made any thing can alter it But Regal power is Gods ordinance therefore nothing less then the power of God can alter transfer or communicate it Yet is the exercise of it subject to violence As Gravia sursum levia deorsum feruntur yet may a man by violence throw a stone upward and depress smoke from ascending without altering the nature of either So though Regal power cannot be transferred nor communicated by Man yet is the exercise of it not only subject to violence and usurpation but also being voluntary may be suspended by Supreme powers themselves without any diminution of the power or right of exercise of it When therefore Subjects or Enemies do unjustly invade and possess the Dominion of another this possession does not divest the right or jus ad rem of that other but only suspend the exercise of the others power or right during such usurpation So may a King by a league or peace with others by his act suspend the exercise of his power in any place unjustly usurped from him by others yet without diminution of his power or right to that place But this act cannot oblige his Successor nor himself after such term but they have a just cause of war if it be noâ— restored Having thus far treated of the efficient or final cause of Regal power it is time to descend to the Attributes of it CHAP. III. Of the Attributes of Regal power and incidently of the Power of Magistrates 1. WHo hath the Supreme power hath the sword of Justice to punish The sword of Justice is his who hath the Supreme power them who transgress Laws and endeavour to cause sedition He is the Minister of God to thee for good but if thou do that which is evil be afraid for he beareth not the sword in vain for he is the Minister of God a revenger to execute wrath upon him that doth evil Rom. 13. 4. And Gods rod in his hand Exod. 17. 9. 2. The end of all Government is either to preserve the governed inwardly The power of making War and Peace belongs to the Supreme power in peace or to defend them from the outward violence and opposition of others In vain therefore should Government be if he who hath the Supreme power may not as well defend Subjects from the violence of others outwardly as to preserve them from factions and feditions within And this power God gave to Moses Joshuah David and all the Kings of Judah nor can any King be a Supreme Prince without it nor the governed in a probable condition of hoping for preservation from it 3. Judgment is the determining of a good or bad action which cannot All Judgment is with him be in any who is subject to another What therefore could be a more subtile temptation of the Devil to our first Parents then to tell them Gen. 3. 5. that by eating the forbidden fruit they should be like to God knowing good and evil Solomon as the most requisite thing prays to God that he would give him an understanding heart that he might be able to judge between good and bad 1 King 3. 9. And The King by judgment establisheth the land Pro. 29. 4. And Give the King thy judgments O God and thy righteousness to the Kings Son that he may judge the people according to right and defend the poor Psal 72. 1 2. 4. The right of making Laws is with him The Scepter shall not depart Jus legislativum penes eum from Judah nor a Lawgiver from between his feet until Shilo come Gen. 49. 10. Submit your selves therefore to every ordinance of man for the Lords sake whether it be to the King as Supreme 1 Pet. 2. 12. And this is the onely visible means by which Subjects may become safe rich and happy 5. In punishment Equals cannot judge Equals much less can Inferiors That he does all things without punishment judge Superiors But a Supreme Prince cannot have an Equal much less a Superior therefore a Supreme Prince cannot be punished If a Supreme Prince might be punished for any thing he doth then cannot he do any thing but he will be liable to punishment for so doing For what property can he give to one which will not offend some other Nor did the veriest Thief or Murderer ever suffer punishment but some of his Comrades would seek revenge and if they might would punish the Lawgiver Besides who shall judge his Prince If any one then every one may Let no man therefore be hasty to go out of his sight nor stand in an evil thing for he doth whatsoever pleaseth him Where the word of a King is there is power and who shall say unto him what doest thou Eccles 8. 3 4. The Lord forbid that I should do this thing unto my Master the Lords Anointed to stretch forth my hand against him seeing he is the Lords Anointed 1 Sam. 24. 6. It may seem to some that this unlimited power of doing any thing Annot. with impunity will only beget a confidence in Kings of doing what they list without ever taking care of their duty in preserving their Subjects from intestine broils and factions and from the outward force and violence of their Enemies whereas more narrowly looked into no men are so subject to care and have their wills less then they For private men if they do any thing in their passion their fame and fortunes are alike neither much removed from their persons few take notice of it But they who are set in high place all men take notice of their actions In the greatest Fortune therefore is the
unto thee only the Lord thy God be with thee as he was with Moses Whosoever he be that does rebel against thy commandment and will not hearken unto thy words in all that thou commandest him he shall be put to death Jos 1. 16 17 18. 13. Anarchy is like a vacuum in Nature so abhorrent that the World The state of Man out of power is Tyranny will rather return into Chaos then suffer it And therefore Cicero lib. 3. de legibus says truly Sine imperio neque domus ulla nec civitas nec gens nec hominum universum genus stare nec ipse denique mundus potest 'T is no wonder therefore if seditious men when they have put themselves out of power are glad to submit to Tyranny rather then be overwhelmed with the Chaos and confusion of Anarchy Yet it is said Judg. 17. 6. 21. 25. In those days there was no King in Annot. Israel but every man did what was right in his own eyes So it may seem that men may subsist in an Anarchy It is true indeed there was no man that was King in those days in Israel nor was there then that absolute necessity of one for God had given them Property and did govern the Israelites and they did enquire judgment of God who did answer cap. 20. 18. And men did in those dayes commerce and exchange one with another which is evident by Micha's contracting with her Levite-Priest for ten shekels of silver by the year a suit of apparel and his victual ch 17. 10. 14. Princes do transgress their power when they command any Wherein Princes do transgress their power thing contrary to what God hath commanded or derogatory to the worship and service of God when they make unjust War when they pronounce Judgment not according to the declared and known Laws but punish either by passion or to please factious men as in the Earl of Straffords Case or pass sentence against one unheard as in Cromwell Earl of Essex his Case I say not punish upon passion or to please men For as the state of Annot. affairs may be stated Princes may punish though not in a Judicial manner as when Subjects are in Arms against their Soveraign Nor do I think that any uninterested Casuist will deny that Henry the Third of France did justly put Henry Duke of Guise to death though not judicially the Duke having taken Arms against him and made him flie out of Paris fomented seditions against him and taken pensions of the King of Spain to maintain war in France and become so popular as the King had no means to proceed legally against him 15. * How careful Princes ought to be in commanding or making of Laws The perfection of Government consists first and chiefly that the Governor have a perfect and indubitable Title against which no just exception can be taken Secondly that the Governor makes it his chiefest care that the Religion or Worship and Service of God be duly administred And thirdly that he does endeavor by known and established Laws to administer Judgment and Justice indifferently to his Subjects with careful moderation of the severity of the Laws whereas men by no fault of theirs incur the severity of them And lastly by all just and due means to endeavor the preservation of his Subjects from the oppression and violence of Foreiners and to maintain Peace and Commerce with his neighboring Nations Such was our Government before our unhappy differences and such by Gods grace do I hope to see it again 16. It were a fine may-game to be a King if Kings might make their How careful Princes ought to be in commanding or making Laws Will the rule of their actions It is true indeed God hath not in all things commanded Kings what Laws they shall govern their Subjects by yet this natural law are all Princes obliged to that their Laws by which they govern do more relate to the good of their Subjects in general then their own particular interest And no question but a King commits a more grievous sin doing any unjust thing to any of his Subjects then if another had done it in regard of the relations which are between them as a Fathers doing an unjust thing to his Child is a greater sin then if another had done it by how much by the Law of Nature he ought to have done well to his Child rather then another Princes therefore by the Law of Nature in governing ought to have more respect to the general good of their Subjects then their own particular interest Yet is Magnificence a Royal virtue and therefore ought not the Revenues of the Crown to be parted with by which it should be maintained Nor would it conduce to the benefit of the Subjects in general to make the Revenues of the Crown poor Where Majesty grows contemptible the exercise of Regal power is never permanent Princes therefore ought to have a great care that by their vices prodigality of the Revenues of the Crown remiss governing or by so giving it over to others that they so much neglect it in themselves as to make themselves vile and contemptible 17. Though God hath not commanded Kings in all things what are Princes ought not to be obeyed when they command in derogation of Gods Majesty 1 Sam. 12. 14. vers 25. the Laws by which they shall govern and therefore divers Kings govern their Subjects by several Laws as their Subjects differ in nature and manners Yet hath he forbidden all Kings to make Laws derogatory to his Divine Majesty Samuel therefore threatens Saul as well as the Israelites that if he or they disobey God and do wickedly they shall perish both they and their King And it was to Saul that God said that Rebellion was as the sin of witchcraft and stubborness as the wickedness of idolatry Nor was the sin of the Israelites in committing idolatry under the Kings of Judah and Israel the less though the King commanded it Nor did God scarce 1 Sam. 15. 23. ever shew a greater miracle then in delivering the Three Children and Daniel disobeying the Kings wicked commandment Princes therefore ought not to be obeyed in commanding things derogatory to the Majesty of God 18. Nor ought Princes to be obeyed when they command any thing Or contrary to Religion contrary to Religion for The kingdom of Heaven and the righteousness thereof is first to be sought But the kingdom of Heaven is only to be sought by Faith and Religion Daniel therefore sinned not when he obeyed not Darius in praying to God Nor do all our Parliamentary Laws add any thing to the obligation of mens worship and service of God in the Unity and Form of the Church of England for men were as much obliged in Conscience before such Laws as after Not but that Kings ought to have as great or greater care of preserving unity and peace in Gods Church as in their
Temporal Dominions and therefore may punish disturbers of the peace of the Church as well as the State Yet when the Temporal Magistrate shall arrogate to himself a power which our Saviour only left to his Church and make all Ecclesiastical rights and constitutions depending and subordinate to the Civil whereby the Enemies of our Church have taxed our Religion not for Christian but Parliamentary no doubt but it is a crying sin and I wish there had never been any such thing among us 19. And as God is to be obeyed before men in all things which concern Or the Laws of Nature Faith and Religion so in the observance of the Laws of Nature is God to be obeyed before men As if a King commands me to dishonor my parents this can be but a Humane law but to honor my parents is a law which God hath written in my heart and therefore ought to be preferred If a King commands his Subjects to dishonor him or to deny obedience to him this is but a Humane law whereas by the law of Nature I ought to honor and obey my King I therefore ought not to obey such a law Amurath the Second of that name King of the Turks upon a Vow resigned his Kingdom to his son Mahomet yet upon the League made by Uladislaus King of Pole and Hungary with other Christian Princes against him he resumed his Regal authority and so kept it until his death And so might Charls the Fifth if he had pleased nor was Philip any other then an Instrument of his Fathers during his Fathers life The King makes a Law giving the succession of the Crown from the right Heir This ought not to be received for Princes inherit by a higher Law then Humane 20. The King commands a Judge to pervert Judgment the Judge Or to pervert Judgment ought to give true Judgment for all Humane Laws in peaceable times ought to be â priori and proclaimed that all men after such a time should observe them This verbal command of the King wanting this formality and it being impossible for the Judge to observe both these commands he ought notwithstanding this verbal command to give Judgment according to Law The King when there is no necessity or publick danger commands me Quaere who am no publick Executioner without any Judicial sentence to put a man to death for which he can make no compensation As Davids commanding Joab to murder Uriah although we find David only reprehended and punished therefore yet sure if Joab had not fulfilled Davids wicked command he had not sinned But you may object Who shall judge whether this thing commanded be repugnant to Gods Majesty Mans faith Religion or the Law of Nature the King or the Subject I say though the Subject hath not an equal right of judging with the King whether this thing should be a Law or not yet every Subject hath a Conscience as well as the King which must dictate Whether Kings divest themselves of Regality by commanding what they ought not to him whether he ought to do or not to do such a thing 21. But if the King commands things contrary to Gods Majesty and Divine Laws ought he not to be obeyed in those things which do not contradict them It is so mad and wild an objection as it is scarce worth an answering unless a man will affirm that my doing of an act which I ought not to have done does divest me of Humane nature or that a Fathers or Masters commanding his Son or Servant what he ought not doth annihilate the relations of Father and Son Master and Servant or that Humane acts may dissolve Humane relations A Prince therefore ought to be obeyed in those things which he ought to command as Prince although he command such things as he ought not 22. It may be it will be objected That Temporal punishments being Though inflicting punishment for not observance the usual concomitants for not observing Humane Laws a good and conscientious man may be punished for what he ought not to have done I say his case is the same with his Lords and Saviours and all those blessed and glorious primitive Christians and Martyrs who suffered for the testimony of a good conscience Nor hath God made Heaven so easie a prize that it should be always won easily and delicately but many times by suffering and martyrdom 23. It is the most usual thing with seditious men before they enter Whether Princes ought to be resisted where they are not to be obeyed into open sedition to prepare mens mindes with certain Cases wherein Princes commanding things derogatory to Gods Honor or the Subjects Liberty that then in the preservation of themselves and Gods honor they ought to defend themselves from the raging Tyrannie of Princes and to be sure that whatsoever they command these good men will judge contrary to Gods Honor and the Liberty of the Subject It is worth the while if a mans patience will give him leave to look back upon the thing calling it self Parliament how after they had made the King grant whatsoever they could think might be beneficial to the Subjects though I might be sworne they never intended as plainly appeared afterward the good benefit or liberty of the Subject what pious ways they invented to make themselves great and so good a Prince nothing and odious to his Subjects As the demanding of six men holding intelligence with his Subjects who had been in open hostility and rebellion against him an affront not to be endured by any King to an ordinary and Legal Trial this was not only denied but Voted a Breach of the Priviledge of Parliament whenas the Priviledge of Parliament extends not to so much as breach of the Peace much less to Treason They pretend though most falsly that in case of extreme danger and necessity the Militia is in the Parliament meaning themselves excluding the King And then create Dangers and write Letters how great Fleets of Danes Swedes Hollanders c. were seen at Sea It must be from Westminster then for there were the Letters written and the Fleets never since heard of Then permit if not command the most insufferable affronts and indignities that ever were offered to Majesty yet if the King but offers to increase his Guard this is Voted no less then a raising of War against his Parliament and Subjects whilst all the while against the Lex consuetudo Parliamenti Inst par 4. 14. without any cause moving them they maintain an illegal Rout of men for their Guard and go armed themselves Nay what needs a man instance particulars All the Kings commands in prosecution of the Laws were Voted breaches of the Priviledges of Parliament and the Liberties of the Subject We will therefore shew that this Assertion is not only contrary to all Faith in both Testaments but also destructive to all Humane Society 24. There is no man sure will deny but
from their Kings The Barons warrs and those of York and Lancaster Wat Tyler Jack Straw c. were caused by the rebellion and stubborness of the Subject nor is the sacred patrimony of the Crown and Church more secure then that of private men but invaded and made a prey to soldiers Sequestrators and Excise-men a Hereditary Monarchy is better than elective in relation to the Subject For the Antiquity of this Government even among the Grecians see Thucid. 2 ed. by H. Stephanus 1588. p. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Before that time viz Trojan War Kingdoms were hereditary and defined to certain honors 7. Hereditary Monarchy is better then Elective in relation to the Subject If a man but considers the calamities brought upon the Roman Empire only by choosing their Emperor it were sufficient to make any man feat and tremble that hath so much compassion in him as to pity wretched States for that Nation who choose their King When Caesars line was extinct in Nero Galba was scarce chosen and received Emperor when Otho excites the Pretorian Cohorts to kill him and his adopted son Piso to make way for himself Vitellius is chosen almost at the same instant by the German Legions that Otho was chosen by the Pretorian Cohorts By this division the Empire is brought to so desolate a condition that Otho a vitious man did kill himself to prevent its further destruction yet could not Otho's death purchase his Countries quiet For the Moesian Pannonian and Dalmatian Legions ascribe to themselves as good right in choosing an Emperor as the German and name Vespasian Rome the Mistress of the known World never felt such misery as those Legions led by Antonius Primus brought upon her which Cornelius Tacitus in the latter end of the third book and the beginning of the fourth book of his History relates That Emperor the Soldiers chose scarce ever pleased the Senate what Emperor the Senate chose never pleased the Soldier From Marcus Aurelius to Dioclesian who was the greatest Persecutor of the Christians and renounced the Empire to take upon him a private life not one Emperor of ten died a natural death In Gallienus his time Thirty at once at no time less then three or four but like Hydra's heads when one was cut off another sprung up Into such a condition was the Empire brought by the Election of the Emperors Nor was the state of the Western Empire much better which he who reads the History of those times from Charles the Great until the Constitution of Pope Gregory 5. Anno 1002. for choosing Platina vita Greg. 5. 151. b. the Emperor Otho the Fifth not contradicting it may see which hath continued till this day Yet the Electors considering the confusions caused in the nominations of their Emperor have ever since Rodolphus the First who was chosen An. 1272. continued their election in the House of Austria so that upon the matter the Empire is become hereditary and the choosing but a Ceremony 7. The miseries consequent upon the election of either Native or The miseries consequent upon the Election of a Subject Stranger are many For there is no Native who is not in distaste with some body the choosing of whom gives power to take revenge not only upon him but those that opposed him in his election for it is hardly imaginable all should agree in one None of the rejected Competitors will be content to acknowledge the Elected in stead thereof they will rather study ways to raise dissention about the manner of the Election that either undue means were used in it or though they had the fewer Votes yet they who voted for them were greater better or more Saint-like whose Votes ought rather to be weighed then the others numbred These it may be and many other considerations have caused the Polonians these many years to look for him whom they choose their King out of Poland 8. Let us see what the miseries consequent upon choosing of a Stranger The miseries upon the Election of a Foreiner be he King or Subject are He who is chosen is either a Subject or a Soveraign for between these two is no mean If he be a Subject who especially freeborn Soveraign people will endure that another being a stranger and a Subject too should command over them And where power is despised the exercise of it is never permanent If he be a Soveraign he having now two Kingdoms can personally reside but in one which will disgust the other It will be expected that he observe the manners and dispositions of this Kingdom more then his other because the people chose him It will be expected by that Kingdom that he retain the observations of the dispositions and manners of it because he is their born King Philip the Second did disgust the Flemings because he retained his Spanish habit He cannot do any thing so much in order to the good of the one but it will as much excite the other to hate him in being a servant to both he shall please neither And what was it which caused all those Wars raised in Bohemia but the Election of Frederick 1619. from whence too sprung all those devastations and almost destructions in Germany since until the last Treaty at Munster From hence it was that Sigismund the son of John King of Sweden being chosen King of Poland the Kingdoms differing both in Manners and Religion and it being impossible to please both was not only himself and all his posterity for ever excluded from the Kingdom of Sweden in a Conspiracie at Lincopen 1600. but hath been the cause of all that misery and desolation under which Poland lately lay For because Casimir the son of Sigismund will not renounce the Right which God by Primogeniture has given him and acknowledge this Barbarian and Usurper he joining with the Brandenburgher and Transilvanian and seeks aid of the Turk too who being the best Christian of these four refuseth to give him any robs ruines and spoils Poland Add hereunto the calamities and confusions which happen in the intervals of their Kings which whoso reads the History of Pole may see Whereas in an Hereditary Kingdom where the Heir is known and a Major no confusions probably follow And no man sure will deny but that an Hereditary Monarchy is better for the peace and quiet of the people then an Elective 9. Hereditary Monarchy is better then Elective in relation to the Hereditary Monarchy is better then Elective in reference to the Crown and patrimony thereof Rights Patrimony and Dignity of the Crown For where the Crown descends to the Heir the King will use what means he can for the advancement of the honor and dignity thereof that himself in his posterity as well as his person may be great and renowned whereas he who cannot hope that his Heir shall enjoy it will use what means he can for provision and maintenance for his Children although it be
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
those that are Deciners elswhere to enquire of the offences personal and of all the circumstances of offences done in those Hundreds of the wrong done by the Kings or Queens ministers and of the wrong done to the King and the Commonalty But this ought not to be done by Bondmen or Women but by the Oath of Twelve Freemen The County-Court which the Sheriffs hold from moneth to moneth County-court sec 9. or from five weeks to five weeks according to the greatness or largeness of the County Of Court-Barons and Hundred Courts Court-Baron c. sec 10. The other mean Courts are the Courts of every Lord of the Fee c. Pipowders sec 11. Courts of Pipowders And that from day to day speedy Justice be done to Strangers in Fairs and Markets as of Pipowders according to the Law of Merchants Court of Admiralty The King hath soveraign jurisdiction upon Admiralty sec 12. the Sea Courts of the Forrest The Kings Ministers of his Forrests have Courts-Forest see 13. power by authority of their office to swear men without the Kings Writ for safeguard of the peace and the Kings right and the common good c. He treats of the Professors of the Law as Counters who are Serjeants and Pleaders Of Attornies Of Ministers of Justice as Viscounts Coroners Escheators Bailiffs of Hundreds c. And also by the antient Kings Coroners were ordained in every County and Sheriffs to keep the Peace when the Earls were absent from their charges and Bailiff in lieu of the Hundredors c. Of the Prerogatives of the King as of Deodands Alienation to Aliens Teeasure found Wreck Waif Estray Chattels of Felons and Fugitives Honors Hundreds Soakes Gaoles Forrests chief Cities chief Ports of the Sea great Manors These held the first Kings as their right and of the residue of the Land did enfeoff the Earls Barons Knights Serjeants and others to hold of the King by Services provided and ordained for defence of the Realm It was ordained that the Knights Fee should come to the eldest by succession of heritage and that Socage Fee should be partable between the Male-children and that the Liege-Lords should have the Marriage He treateth in the first Chapter of Crimes and their divisions of the crime of Majesty of Fausonnery of Treason of Burning of Homicide of Felony of Burglary of Rape c. In the second of Actions of Judges of Actors c. In the third of Exceptions dilatory and peremptory that is Pleas to the Writ and in Bar c. of Trial by Juries and by Battel of Attaints of Challenges of Fines c. In the fourth of Judgments and therein of Jurisdiction of Process in criminal causes and in Actions real personal and mixt So as in this Mirror you may perfectly and truly discern the whole Body of the Common Laws of England Thus far Sir Edward Coke Mr. Lambert in his unfolding the difficult things and words in his translation of the Saxon Laws says King Alured when he had made a League with Guthrun the Dane having followed the most prudent counsel given by Jethro to Moses first divided England in Satrapias Centurias Decurias He called Satrapiam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies to divide He called Centuriam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Decuriam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a company of Ten men and by those names they are called to this day And that no man might be ignorant the Decuria did consist of Ten men whereof all of them were pledges that every one should be forth-coming to any Action in Law and if any one did any damage the other were bound to make it good and from hence the other nine were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Free-pledges we in the Pleas of Courts call them Francos plegios The tenth man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 called the Decurio or Tithingman by which name he is most known to the Eastern English at this day Others call him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 others call him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is the first or chief Surety or Pledge The Kentish men call him Borsholder corruptly for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is the first Surety Centuria or a Hundred was made up of ten Decuria's as one Hundred is made up of ten times ten This viz. Hundred the men beyond Trent called by another name not unknown to the common people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Wapentac Alured then further ordained That every man of free condition should be enrolled in some Hundred and be conjoined into some Ten-men company That of lesser businesses the Decurions or Court-Leet might judge and if any weightier matter were it should be deferred to the Hundred or County-Court Lastly that the Alderman and Sheriff I take it he calls them Senator Praepositus should compound the most difficult Suits and of greatest moment in that frequent Convention from all parts of the Shire or County And what the manner of judging was King Etheldred in the fourth Chapter of his Laws which he enacted in a full Senate or Parliament at Vanatnigum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Woodstock expounds almost in these very words In all and every Hundred let there be Assemblies and that Twelve elderly men of free condition together with the Sheriff Praeposito be sworne that they will not condemn the Innocent or absolve the Guilty So that Mr. Lambert seems to be of opinion that the Common-Law had its origination from King Alured or Alfred who was King of all England and a most victorious pious prudent and glorious Monarch about the year of our Lord 890. And from a most deplorable condition by reason of the Danish invasion and robbery reduced it to a most quiet calm and laid that foundation upon which the body of the Common-Law is since builded But whosoever was the first Founder and Establisher of them certain it is they were antient and Laws which better suit to the nature and disposition of English-men then any other that are or ever were in the world would do 2. As those general Usages or Customs which are generally observed Particular Usages are called the Common-Law so there are almost infinite particular Usages Prescriptions and Customs in several parts of this Nation which are observed as Laws by the Inhabitants of those places and to all intents and purposes have the effect of Laws 3. Statute-Laws are Acts of Parliament which are neither general Statute-Law nor particular Customs but are Laws made by the Kings of this Land in Parliament upon sundry and diverse occasions according to the then occasions as they represented themselves For although all innovations are dangerous and therefore if it were possible no doubt it were best that humane Laws as the Laws of Nature might be immutable and eternal but as God hath created all things transitory and nothing in this world the same the next
to instance the Acts of Parliament which give one Jointenant a power to compell the others to sue a Writ of Partition which was denied at Common-Law and right of Entry where they were put to their Cui in vita c. It may suffice that in no Kings reign there have not been Acts of Parliament which have been so far from making declarations of the Common-Law that they have made manifest alterations in it And as the Common-Law hath no force nor reason against an Act of Parliament so hath no particular Custom any force or reason against it for no man can prescribe against an Act of Parliament and all Lands in Gavel-kind were particular Customs but taken away by Act of Parliament And many Acts of Parliament have not declared the Succession of the English Diadem according to the usual custom thereof but made manifest alteration thereof as in the Succession of Hen. 4. 5. 6. Rich. 3. Hen. 7. 8. which being unjust and the cause not depending upon Humane laws ought not to be obeyed Nor secondly is that a less error that Judicial Records are equivalent to Acts of Parliament for they are so far from being equal to Acts of Parliament that in truth they are no Laws but Inferences and Conclusions which are deduced from Laws For there is not any Judicial Record which is not unjust if it cannot truly and ultimately be resolved in some general or particular Custom Act of the Parliament or grant of the King So that Acts of Parliament the Common Law Particular Customs and Prescriptions and Royal Grants are as Axioms Postulata or Principles in Arts or Sciences and Judicial Records Reported Cases and Yearsbooks are Inferences Conclusions or Sciences deduced from Acts of Parliament the Common Law and particular Customs of this Land or Concessions of the King Touching Royal Government Royal Government being the ordinance of God and from the Law of Nature is paramount to all Humane laws and the prime and efficient cause of them they cannot therefore declare the cause so as to create any obligation of what they are but the effects and from whence derived We have thus far treated of the means by which the Kings of this Nation have until 1640. governed and preserved their Subjects internally But because it is the office of Kings to preserve their Subjects as well from foreign force as internal broil there is yet something wanting of which we have not treated viz. The power of making War and Peace and maintaining Alliance and Traffique Of these in regard they refer to Foreign powers and jurisdictions and are not subject to the Laws of the Nation we shall forbear to treat only affirming that it is necessary that at all times this power must be so vested in the King that at all times he may have the aids and assistance of his Subjects in prosecution of the Ends aforesaid The end of the Third Book The Contents of the Fourth Book HAving thus far treated of all created Rights and the causes of all Laws and created Powers and Vertues and these being previous and necessary to all Justice and Obedience We in this Book descend to treat of Justice in the first Chap. as the most eminent and noble of all Humane vertues it being that which not only conserves private Families but all Nations and Kingdoms in unity peace and society and demonstrate it neither to be in Geometrical proportion as Plato would nor Arithmetical proportion as Zenophon held nor in Harmonical proportion as Bodin taught Nor is that corrective and distributive Justice which Aristotle affirmed to be in Arithmetical and in Geometrical proportion The Second Chap. treats of Obedience and shews how that it necessarily proceeds and yet is different from Justice The Third Chap. treats of Judgment and shews how it differs from Law and Justice The Fourth Chap. treats of Equity and shews how it differs from Judgment and how necessary Courts of Equity as well as Judicature are THE FOURTH BOOK CHAP. I. Of Justice 1. JUstitia est habitus animi communi utilitate Cicero's definition of Justice servata suum cuique tribuens Societatem conjunctionis Humanae munifice atque aequè tuens Justice is a habit of the Minde common utility being conserved giving to every one their right and bountifully and equally Cicero lib. 1. de legibus defending the Society of Mankinde Et Justitia est quae suum cuique distribuit Justice is that which does distribute to every man what is his right Where he says That Justitia est obtemperatio scriptis legibus we will shew that is not properly Justice but Obedience onely 2. Justice is the upright doing of an act conserving Society in that Quid sit Justitia formality as it is commanded or permitted by him who by right may command or permit it Justice is the doing of a just action the doing of a just action is the upright doing of any act as it is commanded or permitted by him who by right may command or permit it preserving Peace and Society I say Justice must have these two properties viz. upright doing that is abstraction from all affections of love hate or self-interest and the Law or Command of him who by right may command or permit such an act Other actions proceeding from Wisdom Reason Experiment or Discourse c. are prudent profitable c. but none are just or honest actions which cannot be truly and ultimately resolved into the Law or Command of him who by right may command or permit such an act So Quotuplex that Justice is twofold either commanded or permitted 3. Injustice is the abuse or falsifying the Law or Command of him What is Injustice who by right commands to the hurt or prejudice of another As a Law preceding and Integrity are inseparable incidents to Justice so Hypocracy seeming just and yet abusing or falsifying a Law and the damage of another or more are incidents inseparable to injustice 4. Let us see who may by right command and who are obliged to do God commands by highest right in conformity to their Laws and Commands I say God by highest right ought to command all the created things in Heaven and Earth and all Creatures are chiefly and absolutely obliged to do whatsoever he commands without any reasoning or disputing why he so commands For the earth is Psal 24. 1. Job 41. 11. Psal 50. 12. the Lords and all that therein is the compass of the World and all that dwell therein And whatsoever is under the whole Heaven is Gods and the World is mine and the fulness thereof All Gods commands therefore have a like and equal influence upon all his Creatures all Creatures as compared to him are alike vile and between him and them is no proportion To abuse then or falsifie any Law of God or Nature to the hurt or prejudice of another is a sin of injustice in all Gods Creatures and
as Judicial The end of the Fourth Book The Contents of the Fifth Book HAving before treated of the Causes of all Regal and Ecclesiastical power and having in the last Chapter of the Third Book treated of the Laws and Civil Government of this Nation being the exercise of Regal power in reference to the publick preservation of Peace and Society in it In this First Chap. we shall treat how far Ecclesiastical power has been exercised in this Nation and by whom Whether originally the Britanick and English-Saxon Churches were free or subject to the Papal power quoad exercitium And whether as well before the Conquest as after the Kings of this Nation were not Nursing Fathers to the Church of Christ And whether always before the Conquest the Royal Government did not extend as well to the Persons as Possessions of Ecclesiastical persons And whether all Bishopricks were not originally of the Kings foundation In the reciting the Ecclesiastical Laws made by the Kings and Queens of this Realm we shall observe three periods viz. The Ecclesiastical Laws made by the Kings of England before the Conquest The Laws made by the Conqueror and subsequent Kings until Henry the Eighth And lastly the Laws made by him and the Kings and Queens after him until the end of King Charls his Reign Note good Reader that in the reciting of these Laws I do not affirm that these Laws made by the Kings of this Realm did never incroach upon that Ghostly power which our Saviour by Divine positive institution left only to his Church and therefore make no construction upon them but only when they are recited and objected as Authorities against that Power My designe is to shew having already demonstrated that by the Law of Nature the persons of all Subjects born in the dominion of rightful Kings are their natural Subjects which is an indelible character and can never be washed out and therefore Subjects being Ecclesiastical persons cannot free them from it And that all priviledges and endowments which Ecclesiastical persons enjoy besides their ghostly power is created by the King That the exercise of the Kings power over the persons and possessions of Ecclesiasticks as also Laws made by them for the order and preservation of the extern peace of the Church is no new thing as hath been by some objected THE FIFTH BOOK CHAP. I. How far the Kings Popes and Bishops of England have exercised their Spiritual Jurisdiction in England before Henry the Eighth IT cannot sure be reasonably denied Apology by any man but that Ignorance is the mother of all Error nor is any man better in any kind whatsoever for being innurtured or ignorant We daily see no where more feuds If learning or knowledge were the cause of dissentions or distractions how then comes it to pass that all dissentions are determined by learned and knowing men or else they would be endless and dissentions then among ignorant and mean men which were there not Laws to decide their difference would be endless and Mankind left in a worse condition then any other creatures Nor is Education and Learning any cause of the dissentions and debates which arise among learned and better educated men but some internal cause proceeding from pride or some other appetitions or affection in them And though Education and Learning does not totally alter mens natures from bad to good yet does it soften mens manners and makes them not to be so bruitish as those who are destitute of Learning and Civil breeding For Didicisse fideliter Artes Emollit mores nec sinit esse feros It is true indeed that in that state in which God hath placed all men here they do not see all things truly but men are and always were and will be subject to humane error and frailty and in many things notwithstanding all the arts and helps which can be devised men will never be reconciled But that men should therefore condemn all Science and Learning is like to a man that if he sees and hears not all things distinctly and clearly although it may be he sees and hears well enough to do things which are necessary for his conservation that therefore he will put out his eyes and have his ears always stopped Nor shall ever ignorance of any mans duty totally excuse him for his not observance of Laws be they Divine or Humane Nor shall the blind belief of Subjects in their Superiors whether Ecclesiastical or Temporal ever totally excuse them from those things which are due and they believe that they owe to God I am not so very a Hobbian as to believe that it is impossible for Supreme powers to command any thing contrary to the Law of Nature nor yet so very a Papalian as to think that the Pope is infallible Especially since it is evident that Aarons joining with the people in their idolatry did not excuse Exod. 32. the Israelites of old nor did the command of both King and Priests ever under the Old Law excuse the subject Israelites from Gods judgments upon them for their idolatry Nor is this very opinion of them in the Church of Rome of the Popes infallibility believed by themselves however urged against others who are not of her communion For then were not only General Councils supervacaneous and useless things but also there could be no difference among them which is superior a Pope or General Council Nor do they less deny it in their practice then their opinion For when Sixtus Quintus had excommunicated 9 Sept. 1585. the King of Navar and Prince of Conde and as he affirmed made them uncapable of succession to the French Monarchy yet were most part of the French troubled at it doubting the Priviledges of the Gallic Church would be trodden under foot which they needed not have doubted or feared if they had believed the Pope to have been infallible and all the Parliament of Paris who were all of the Church of Rome desired the King Henry the Third to have the Bull torne in pieces as you may read Davila 575. And the Parliaments of Chalons and Tours did not only decree the Bull of Gregory 14. to the Prelates and Catholiques of the Kings party under pain of Excommunication of being deprived of their Dignities and Benefices and of being used as Hereticks and Sectaries that within a certain time they should withdraw themselves from those places that yielded obedience to Henry of Bourbon and from the union and fellowship of his Faction to be publikely burnt but it was so far rejected and scorned by the very Prelates and all other Catholiques of the Kings party that it did extreamly confirm them all in the Kings obedience being before unsetled and inclining to the Cardinal of Bourbons faction as you may read more at large in the Twelfth book of Davila's History But it may be they will say That this was not in matter of Faith and that the Popes infallibility is affixed to Faith
in himself from the seed of the Devil And if he hath misled any one out of the way that he might make any gain thereof let him carefully reduce him to the right way This is that which I will If he shall have provoked any one to sin let him do to him what is necessary viz. Let him reclaim him from his sins and again lead him in the right way He who diligently dehorts another from his sins renders his own the lighter 17. This judgment every one by the councel of his Confessor may give himself who with a constant mind will break off his sins and correct them viz. Let him distribute for Gods love all he hath let him leave with them lands country and all the desirable things of this world and serve the Lord day and night and endeavor by all the power he can against his worldly desires all the daies of his life What then is left that by exhorting others he gathers to him for the study of godliness by all possible means he can Here in these following shall be said how any Sick man may redeem his declared Fast 18. Every man may redeem the fast of one day with one penny and any one may redeem the fast of one day with two hundred and twenty Psalms and any one may redeem the fast of twelve moneths with 30s. or by setting free any one of that price And for one daies fast let him sing six times Beati and also six times Pater noster and for the fast of one day let that man bend his knee and bow himself to the ground sixty times saying Pater noster And also a man may absolve the fast of one day if in his prayers to God he through all his members lift up himself to God by true confession and right faith and fifteen times sing Miserere mei Deus and also Pater noster fifteen times Then is a lightening of the sins of the whole day granted to him 19. Any man may absolve a seven Winters fast in one year if he daily shall sing the Psalms of the Psalter and do the same at night and fifty on the evening one Mass may absolve the fast of twelve daies and with ten Masses the fast of four moneths may be bought off and with thirty Masses the fast of a whole year may be bought off if any man will out of true love to God intercede for himself and confess his sins to his Confessor and amend those things as he is bidden and alwaies afterward avoid them Of the Penance of Mighty men 1. Thus a mighty man and having many friends may by the help of his friends mitigate his penance First in the name of God and by the testimony of his Confessor let him manifest a right faith and forgive all who may have sinned against him and make his confession without any omission of his sins and endeavour to repent and take his penance with much grief 2. Then let him lay down his Arms and unprofitable things and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and taking his staff in his hand let him go diligently barefoot and let him use hair-shirts nor come on a bed but lie in a cottage and do this the number of seven years and prepare himself three years on this manner and take to his aid twelve of his companions let them fast three daies with bread crude pottage and water and let him get as well as he can to finish the work seven times an hundred and twenty men who may every one of them fast for his sake three daies so the number of these Fasts will amount to so many Fasts as there are daies in the seven years 3. When any one fasts let him distribute the dishes wherein his meat was to all the poor men of God and in the three daies of his Fast let him lay aside all worldly business and day and night as often as he can go to Church and diligently watch there in Alms light and cry to God and beg remission of sins with a sorrowful spirit and bended knees Also let him often stretch himself upon the sign of the Cross now standing upright now prostrate upon the ground and let every mighty man learn sincerely to weep and deplore his sins and also on those three daies feed as many poor men as he can upon the fourth let him stoop down to wash their feet and let there upon the same day be celebrated for the Penitent so many Masses as any one can by any means perform and on the time of the Masses let him be absolved and then let him take the Eucharist unless that through too much guilt he be so hindred that he dares not take it Yet let him promise for the future as much as in him lies alwaies to do well and whilst he lives by Gods help to avoid injustice so as he may alwaies and rightly hold his Christendom and renounce Heathenism Minde O ye Ministers of God his words and diligently correct his works that so he may set up all Justice and by the help of God as much as in him lies destroy Injustice It is very necessary he should perform that to God even in the least thing which he hath promised 4. This is the lightening of the penance of Great men who abound in many friends But it is not granted to an Indigent man to proceed so It is therefore expedient more strongly to exact this of him and that as is meet that every one should wash away his sins and undergo himself his correction Scriptum est enim Quia unusquisque onus suum portabit These Canons are set out in the Original by Abraham VVheelock and by him translated into Latine in his Addition to the History of Bede between the Laws of King Edgar and Ethelred pag. 65. until 88. Ecclesiastical Laws made by Canutus who began to reign in the year of our Lord 1016. THis is the Decree which Canutus King of England of Denmark and Norway by the counsel of the wise men to the glory of the Immortal God the ornament of the Royal Majesty and the utility of the people hath ordained at Winchester upon * * Christmas day Midwintertide 1. First of all let all men devoutly and holily worship only one God and strictly hold themselves to one rule of Christian religion and obey with all faith and observance King Canutus 2. And protect Gods Church and defend it and frequent it as well for the health of our soul as the commodity of others It is meet that one peace be comprehended in all Christian Churches and also that all Christian men have it in great veneration For Gods peace is to be wished for before other things next after that the Kings peace is to be kept It is therefore very meet that the peace of the Church of God and the tranquillity delivered into the Kings hand be alwaies kept inviolable If any man shall violate either let him be fined and suffer death
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
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
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
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
Tribute or of St. Peter Cap. 20. Who shall deny the peny of St. Peter the peny let him pay by the Justice of the Church and thirty pence forfeiture and if he will be impleaded concerning it by the Justice of the King let him forfeit to the Bishop thirty pence and forty shillings to the King Of Religion and the publick Peace 51. First of all we Ordain above all things That one God be worshipped all over our Kingdom and the one Faith of Christ be always kept inviolate c. The Laws are Translated out of the Original set forth by Mr. Abraham Whelock in his Appendix to the History of Bede from page 150. to 107. Sir Ed. Coke in Caudrys Case cites a quare Impedit 7 Ed. 3. tit 19. where it is agreed that no man can make an appropriation of any Church having cure of souls being a thing Ecclesiastical and to be made by some person Ecclesiastical but he that hath Ecclesiastical Jurisdiction but William the first of himself without any other as King of England made appropriation of Churches with cure to Ecclesiastical persons wherefore it does follow he had Ecclesiastical Jurisdiction Here is nothing but argumentum à facto ad jus and a man may as well infer that Saul Jeroboam and Azariah did offer sacrifice and burn incense and therefore they had Sacerdotal power in them or that King John did give the Crown and received it again from him and therefore the Crown of England is holden of the Pope Ecclesiastical Laws made by Henry the first Who began to Reign in the year of Christ 1100. THese at last are the happy joys of the long wished for peace and liberty Proem by which the glorious Cesar Henry doth shine forth to his whole kingdom in Divine and Secular Laws written Institutes and Exhibitions of good Works Moderate Just Valiant Prudent whom God may make to command with happy auspices and healthful prosperity of body and minde with his famous wife Maud the second and their children for ever and the everlasting peace of this Nation His Epistle to all his Leigmen 1. Henry by the Grace of God King of Englishmen to all Barons and his Leigmen French English health Know that I by Gods mercy and the Common Counsel and consent of the Barons of the Kingdom of England am Crowned King of the Kingdom aforesaid and because the Kingdom was oppressed by unjust exactions I in respect of God and the love which I have towards you all first of all make the Church of God free so that I will neither sell nor let to farm nor after the death of an Archbishop or Bishop or Abbot will take any thing of the Demesns of the Church or her men until the successor be come in c. Of the propriety of Causes Cap. 5. In all Causes Ecclesiastical and Secular legally and in order to be handled some are Accusers some Defenders some are Witnesses some are Judges In every discussion of honesty fitting men are to be joyned together and that without any exaction until the quality of the Causes and the intention of the Accused the manner of Witnesses and election of Judges be weighed with upright scrutiny Let there be no foreign Judgements nor celebrated by their improper Judge in place or time nor in a doubtful case or the party accused being absent the sentence being pronounced notandum that for all if the accused had competent warning and lawful leave of answering and defending he be not denied or impleaded or outlawed or circumvented by some stealth or judged by deceit If he be satisfied in the Witnesses Judges and Persons If he consent to the Judges or hurt or contradict It is not altogether so in Ecclesiastical business as Secular in Secular business after that any is called shall come and begin to plead in the Court it is not lawful to go back before the Cause be determined although they shall agree but in Ecclesiastical business it is lawful to go back in the Cause aforesaid If a man suspect a Judge or think himself oppressed surely Judges ought not to be so nisi quos impetitus Elegerit Neither may any one be heard or give judgement before that they be chosen and he who refuses to consent to the elected let no man communicate with him until he obey but if in judgement there arises dissention among the parties of which a strife comes forth let the sentence of the more prevail It is Enacted in the Cause of Faith or of any Ecclestastical Order he ought to judge who neither takes reward nor is of another Law and will do nothing without an accuser For God and our Lord Jesus Christ did know Judas to be a Thief but because he was not accused therefore he was not rejected and whatsoever he acted among the Apostles for the dignity of his Office remained firm As also Clerks ought not to receive Laiks Accusers so ought not Laicks to receive Clerks to be Accusers of Clerks in their Accusations and Informations and Witnesses ought to be legitimate and present without any infamy or suspition or manifest spot because they cannot rightly accuse Priests who cannot be Priests nor of their Order nor is it needful to Judge a man before he hath had lawful Accusers present and accepts a place of defence to wash out his crimes And it is our pleasure as often as many crimes are objected to Clerks by Accusers and they cannot make good one of the first of which they are accused they shall not be admitted to the rest And a Bishop shall not be condemned unless by seventy two Witnesses nor the Archbishop be judged of any A Presbyter-Cardinal Note the preheminence of a Bishop in England at this time above a Cardinal shall not be condemned unless by forty four Witnesses a Deacon-Cardinal shall not be condemned unless by twenty six Witnesses nor a Sub-Deacon under seven nor let the greater despair for the force of the lesser men and there always the Cause may be Pleaded where the Crime is admitted If a man stricken will he may plead his cause before his Judge and if he will not before his Judge he may hold his peace and as for men stricken as often as they desire respit let it be granted And every man which objects a crime let him write that he will prove it and if before he be changed he will not follow he is convinced no crime is to be accounted But if he will prosecute if he shall not prove what he objects let him undergo the penalty which he brought the Apostle says Against a Presbyter a writing is not to be received without two or three approved witnesses how much more against Bishops if these things be observed of Presbyters and other faithful men If any one will accuse any of the Clerks in an accusation of Fornication according to the precept of St. Paul two or three testimonies are required from him but if he
cannot prove what he saith by the testimonies given the accuser may take the excommunication of the accused and let no man believe him concerning himself declaring upon another crime but a confession extorted by fear or fraud is invalid Let a Priest beware that whosoever confesses his sins to him he tell no body of them because he confesseth to him not to his neighbors or strangers which thing if he do let it be set down and repent all the days of his life ignobly in Pilgrimage And if at any time a Bishop says any man hath confessed to him any proper crime and he deny it let not the Bishop think it does not belong to his injury that he is not believed for himself alone and if for scruple of his conscience he says he will not communicate to him oftentimes good men are silent and suffer the ill things which they have known because they are forsaken in their documents and cannot allow of their Judges for although they are true yet are they not believed of the the Judge unless they be proved by certain appearances But we cannot at all forbid men from the Communion although this Prohibition be not mortal but medicinal unless men confess of their own accord and be convicted by judgement From hence it is such a man is to be named as the Apostle says who confesses or is convinced by ordinary judgement but if by judgement it cannot be taken away let it rather be tolerated lest some man in perversly avoyding ill men departing from the Church should go before them to Hell The Communion does not defile any man by partaking the Sacraments but the confession of their deeds other mens sins hurt not him who lives well in the Church Of habit and clothing we read nothing commanded by God what things are for pomp are forbidden And if you shall ask Canst thou not have an humble heart in a proud dressing as Hester God not onely in his anger but also pitty overthrows sinners And they are overthrown two ways either as the Sodomites where the men were punished for their sins or as the Ninivites where the very sins of the men were punished and destroyed and all men are alike to beloved but you cannot alike profit with all these are rather to be advised with who for the opportunity of time and places and of other things are more strictly joyned together To thee either is guilty both he which hides the truth and he which tels a lie because this will not profit and that desires to hurt arrogance is not so to be shunned that truth should be left He that at any time shall accuse a Priest before friendly admonition to his Judges or Secular Judges let him be excommunicated If a Bishop shall have strayed from the faith or secretly admonished of his subjects hath appeared incorrigible then let him be accused at the Archbishops or Apostolical seat for his other actions he ought rather to be tolerated then corrected If any Bishop be accused for certain crimes let him be heard of all the Bishops in his Province not condemned nor judged before he has lawful accusers present and of his Province not aliens and he may not refuse Judges elected by him unless there be an Appeal which thing is lawful for them designed for punishment but no affliction or the keeping the thing detained ought to injure the Appellant or the vitiated Cause ayded by remedy of the Appeal Some men have demanded a year and six moneths to be granted for filling up the Machinations of unskilful men and to prepare their Reasons and confirm Witnesses and seek Counsel some men a year in which time most men agree but less then six moneths cannot be found But if Bishops or Clerks were ejected by force or fear or first dispoyled of their goods let all their goods be legally restored to them and have so much time as appeared they were disseised before that they be Canonically called in to Judgement Gregory in the Decrees A Presbyter or Deacon or any Clerk accused by the people if the Witnesses who should prove the truth were not certain of the crime committed let an Oath be in the mean and bring him for a witness of the purity of his innocency to whom all things are naked and open Also this thing St. Sixtus the Pope remembers he had done to one Bassus although made guilty by much examination he could sufficiently evade the suspicion and avoid the emulation Jerom upon Jeremy lib. primo not giving this to them who would not or of their own accord had not made choice of making a form An Oath ought to have companions Truth Justice and Judgement if those things be wanting it is not an Oath but perjury For if any one by compulsion be compelled to abjure that thing which for many years he hath quietly held the perjury shall not be by him swearing but by him compelling It makes not a man guilty where the minde is not guilty Let no man circumvent or deceive himself He who by a false stone swears is perjured by whatsoever art of words any one swears God so takes as he to whom men swear does understand But without doubt it is a less evil to swear truly by a false God then to swear falsly by a true God for by how much more that by which men swear is more holy so much more punishale is perjury Who exacts an Oath it is much to the purpose if he knows that to be a false Oath or not knows or knows and gives sentence the Laws are mine as my faith stands I dare not say it is no sin yet it is a humane temptation if he knows him to have done it and compels him to swear it is Homicide Siquis juret falsumte sciente si te non audierit utrum sit procedendus si proditus periculum mortis incurrat difficillima questio est cui plus noceat illi cui juratur an Sacerdoti Mihi videtur quod ille cui magis prodest vel obest veritatem jurare necessitate cogente non est peccatum An Oath is not to be kept when bad it is unadvisedly pronounced The Oath of a son and daughter the father not knowing it and Vowes of a Monk the Abbot not knowing of it and the Oaths of a childe are void Of the Pleas of the Church belonging to the King Cap. 11. There are some Pleas of Christianity in which the King hath part in this manner If the King should suffer that he who in the Church hath committed Homicide let him come to amendment First let him restore to the Bishop and King the price of his Nativity and so he may inlaw himself and then let him dispose five pounds for the peace of the Church and seek to be reconciled to the Church as belongs to it and fully make amends both to Kindred and Donation If any man detains the right Tenth let the Sheriff of the Bishop and King and of
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
an Englishman or thus deny it let him take eleven and he be the twelfth c. Of Homicides by men Ordained Cap. 73. If a Bishop kill a man let it be recorded and let him repent twelve years seven years in bread and water and five let him fast three days in a week and on others let him use common sustenance If a Priest kill a man or a Monk let him lose his Order and repent ten years six in bread and water and four let him fast three days in a week on others let him use his meat If a Presbyter wound a man let him fast one hundred day If a Deacon kill a man let him be degraded and repent seven years four in bread and water and three let him fast three days in a week upon other let him use common meat If a Clerk shall kill a man let him repent six years four in bread and water two years three days in the week If a Laick kill a man let him repent five years three in bread and water and two years let him fast three days in the week If a man kill a man in Orders or his neighbor let him depart out of his Countrey and go to Rome and make the Pope and his Councel let him in like maner repent of Adultery or Fornication or lying with a Nun. These Laws are likewise set out by Mr. Abraham Whelock in the Appendix to his History of Bede Sir Ed. Coke Candrys Case says Henry the first did Ordain Anno 16. Regni sui as well in regard of his Ecclesiastical as Regal power that whensoever the Abbot of Reading shall die that all the Possessions do remain entire and free But how this should make any thing for the Kings Ecclesiastical Right in all Cases I do not understand for this Ordinance was onely concerning the Possessions of the Abbey and it is no Question but all the Bishopricks as well as Abbeys were originally of the Kings foundation and it appears by the Margent that the King was the particular Founder of this Abby what then hinders but that the King might dispose of the Revenues as he should think fit without having any Ghostly power in him Ecclesiastical Laws made by Henry the third Magna Charta FIrst we have granted to God and by this our present Chapter have confirmed Cap. 1. for us and our heirs for ever that the Church of England shall be free and shall enjoy all her whole Rights and Liberties inviolable Reserves to all Archbishops Bishops Abbots Priors Templars Hospitalers Cap. 38. According to Sir Edward Coke Inst 2. yet the Statute-book in large divides this Act but into thirty seven Chapters and all persons Ecclesiastical all their free Liberties which they have had in time passed and all these Customs and Liberties aforesaid which we have granted to be holden within this Realm as much as appertains to us and our heirs we shall observe And all men as well Spiritual as Temporal as much as in them is shall observe the fame against all persons likewise And for this our Gift and Grant of these Liberties and of other contained in our Charter of Liberties of our Forest Archbishops Bishops Abbots Priors Earls Barons Knights Freeholders and other our Subjects have given to us the fifteenth part of their moveables and we have granted to them on the other part that neither we nor our heirs shall procure or do any thing whereby the Liberty in this Charter contained shall be infringed or broken And if any thing be procured by any person contrary to the premisses it shall be of no force nor effect In the Reign of Hen. 3. Cawdries Case 3 H. 3. tit Proh 13. 4 H. 3. c. In all the time of Henry 3. and his Progenitors Kings of England and ever since if any man did sue afore any Judge Ecclesiastical within the Realm for any thing whereof that Court by allowance and custom had not any lawful cognisance the King did ever by his Writ under the Great Seal prohibit them to proceed Answ It is true indeed that not only Probate of Testaments but Cognisance of Tythes Granting of Letters of Administration Mortuaries Pensions Reparation of Churches do not belong to Ecclesiastical cognisance by any Divine positive institution but by allowance and custom of England And if all Customs suppose some Grant originally from Supreme humane Powers then what hinders but that the King might prohibit any Judge Ecclesiastical within the Realm for any thing whereof that Court by allowance and custom had not lawful conusance for Cujus est velle ejus est nolle And if the suggestion made to the Plea King whereupon the Prohibition was grounded were after found untrue then the King by his Writ of Consultation under the Great Seal did allow and permit them to proceed Also in all the Reign of H. 3. and his Progenitors Kings of England if any Issue were joyned upon Loyalty of Marriage General Bastardy or such like the King did ever write to the Bishop of the Diocese as Mediate Officer and Minister of his Court to certifie the Loyalty of the Marriage Bastardy or such like All which prove that those Courts were under the Kings jurisdiction and commandment It is true that not only all Courts and planting of Christianity were originally by the Kings command or permission but the persons of all men within the Realm are in his power And Marriage and Bastardy being so essential and whereupon the strength of mens estates and inheritances do depend what hinders the King to write to the Bishop to certifie the Loyalty of the Marriage And if it pleases him to do it as his mediate officer who shall contradict is Well let it be granted the Kings of England in cases of Bastardy and Loyal Matrimony have written to the Bishop of the Diocese as his mediate officer yet it will not follow that the Bishop is the Kings mediate officer in all things and cases which relate to his Episcopal function and jurisdiction Ecclesiastical Laws made by Edward the First THe King willeth that the peace of the holy Church be maintained in Stat. West an 3. Ed. 1. 1275. all points and that Religious Houses shall not be overcharged nor any Purveyance be made of any Prelate without the owners consent They who shall offend and be thereof attainted shall be committed to the Kings prison and after shall make fine and be punished according to the quantity and manner of the trespass and after as the King in his Court shall think fit c. It is provided also That when any Clerk is taken for guilty of felony Cap. 1. and is demanded by the Ordinary he shall be delivered to him according to the priviledge of the holy Church on such peril as belongeth to it after the custom aforetimes used And the King admonisheth the Prelates and enjoineth them upon the faith that they ow to him and for the common profit and
be laid up in safe keeping under the Private Seal of the Abbot of the same House So that the Abbot or Prior which does govern the House shall be able of himself to establish nothing though heretofore it hath been otherwise used And if it fortune hereafter that writings of Obligations Donations Purchases Sales Alienations or of any other Contracts be sealed with any other Seal then such a Common Seal kept as is aforesaid they shall be adjudged void and of no force in Law But it is not the meaning of our Lord the King to exclude the Abbots Priors and other Religious Aliens by the Ordinances and Statutes aforesaid from executing the office of Visitation in his Kingdom and Dominion but they may visit at their pleasures by themselves or others the Monasteries and other places in his Kingdom and Dominion in subjection to them according to the duty of their office in these things only that belong to Regular observation and the discipline of their Order Provided that they which shall execute this office of Visitation shall carry or cause to be carried out of his Kingdom or Dominion none of the goods or things of such Monasteries Priors and Houses saving only their reasonable and competent charges Stat. Ne Rector prosternat arbores in Caemiterio made 35 Ed. 1. Anno Dom. 1307. In what cases and by whom Trees may be felled in a Churchyard Because we do understand that controversies do ofttimes grow between Parsons of Churches and their Parishioners touching Trees growing in the Church-yard both of them pretending that they do belong unto themselves We have thought good rather to decide this controversie by writing then by Statute Forasmuch as a Church-yard that is dedicated is the soil of a Church and whatsoever is planted belongs to the soil it must needs follow that those Trees which be growing in the Church-yard are to be reckoned amongst the goods of the Church the which Laymen have no authority to dispose but as the holy Scripture does testifie the charge of them is committed only to Priests to be disposed of And yet seeing those Trees be often planted to defend the force of the wind from hurting of the Church We do prohibit the Parsons of the Church that they do not presume to fell them down unadvisedly but when the Chancel of the church does want necessary reparations Neither shall they be converted In the Reign of Edward the First A Bull of Excommunication brought by one Subject against another 30 E. 3. li. Ass Pl. 19 c. was adjudged by the Common law Treason against the King his crown and dignity Edw. 1. seised the lands of the Archbishop of York because he refused Par. 2. 19. E. 1. Quare non admisit to admit his Clerk but pleaded that the Bishop of Rome long time before provided to the said Church The King and his Council did not receive the constitution of the Bishop Para. 3. Stat. de Biga 4 Ed. 1. of Rome at Lions which excluded men twice married or Bigami from all priviledges of Clergy It was declared that the holy Church of England was founded in the Stat. 25 Ed. 1. Carlisle state of Prelacy within this Realm of England by the King and his progenitors And that the Bishop of Rome usurping the seigniory of such Benefices c. that the said oppressions grievances and damages in this Realm from thenceforth shall not be suffered Articuli Cleri made at Lincoln Anno 9 E. 2. Anno Dom. 1315. The King to all whom c. sendeth greeting Understand ye that whereas of late in times of our Progenitors sometimes Kings of England in divers their Parliaments and likewise after that we had undertaken the governance of the Realm in our Parliaments many Articles containing divers grievances committed against the Church of England the Prelates and Clergy were propounded by the Prelates and Clerks of our Realm and further great instance was made that convenient remedy might be provided therein And of late in our Parliament holden at Lincoln the ninth year of our reign we caused the Articles underwritten with certain Answers made to some of them heretofore to be rehearsed before our Council and made certain Answers to be corrected and to the residue of the Articles underwritten Answers were made by us and our Council of which said Articles with the Answers of the same the tenors here ensue No Prohibition shall be granted where Tithes be demanded but where Cap. 1 money for them First whereas Laymen do purchase Prohibitions generally upon Tithes Obventions Oblations Mortuaries Redemption of penance violent laying hands on Clerks or Coverts and in cases of Defamation in which cases Spiritual penance ought to be injoined The King doth answer to this Article That in Tithes Oblations Obventions Mortuaries when they are propounded under these names the Kings prohibition shall hold no place although for the long withholding of the same the money may be esteemed at a sum certain But if a Clerk or a Religious man do fell his Tithes being gathered in his barn or otherwhere to any man for money if the money be not demanded before a Spiritual Judge the Kings Prohibition shall lie for by the sale the spiritual goods are made temporal and the Tithes are turned into chattels Regist fol. 34. 39. v. N. B. f. 3032. Fitz. N. B. fo 40 c. Rast pla fo 484 c. Debate upon the right of Tithes exceeding the fourth part Enjoining Cap. 2 Penance corporal or pecuniary Also if debate do arise upon the right of Tithes having his original from the right of Patronage and the quantity of the same Tithes do come unto the fourth part of the goods of the Church the Kings Prohibition shall hold place if the case come before a Judge Spiritual Also if a Prelate enjoin a penance pecuniary to a man for his offence and if it be demanded the Kings Prohibition shall hold place But if Prelates enjoin a penance corporal and they which be so punished will redeem upon their own accord such penances by money if money be demanded before a Judge Spiritual the Kings prohibition shall hold no place Laying violent hands upon a Clerk Excommunication for Cap. 3 Penance corporal Moreover if any lay violent hands upon a Clerk the amends for the Peace broken shall be before the King And for the Excommunication before a Prelate that Penance corporal may be enjoined which if the offender will redeem of his own good will by giving money to the Prelate or to the party grieved it shall be required before the Prelate and the Kings Prohibition shall not lie Prelates may correct for Defamation In Defamations also Prelates shall correct in manner aforesaid the Kings Prohibition notwithstanding first enjoining a penance corporal which if the offender will redeem the Prelate may freely receive the money though the Kings Prohibition be granted No Prohibition where the Tithe is demanded of a new Mill. Also
if any one do erect in his ground a Mill of new and after the Parson of the same place demandeth Tithe for the same the Kings Prohibition doth issue in this form Quia de tali molendino hactenus decimae non fuerunt solutae prohibemus c. Et sententiam Excommunicationis si quam hac occasione promulgaveritis revocetis omnino The Answer In such case the Kings Prohibition was never granted by the Kings assent nor never shall which hath decreed that it shall not hereafter lie in such cases Where a Suit for one offence may be prosecuted both in Court Spiritual and Temporal Also if any cause or matter the knowledge whereof belongeth to a Court Spiritual and shall be definitively determined before a Judge Spiritual and does pass into a Judgment and shall not be suspended by an Appeal and after if upon the same thing a Question is moved before a Temporal Judge between the same parties and it be proved by witness or instruments such an Exception is not to be admitted in a Temporal Court The Answer When any one case is debated before Judges Spiritual and Temporal as above appeareth upon the case of laying violent hands upon a Clerk it is thought notwithstanding the Spiritual Judgment the Kings Court shall discuss the same matter as the party shall think expedient for himself In what case only the Kings Letter shall be sent to discharge an Excommunication Also the Kings Letter directed unto Ordinaries that have wrapped those that be in subjection unto them in the sentence of Excommunication that they should assoil them by a certain day or else that they do appear and shew wherefore they have excommunicated them The Answer The King decreeth that hereafter no such Letter shall be suffered to go forth but in case where it is found that the Kings liberty is prejudiced by such Excommunication Clerks in the Kings service shall be discharged of their Residence but shall be corrected by their Ordinary Also Barons of the Kings Exchequer claiming by their priviledge that they ought to make answer to no complainant out of the same place extend the same priviledge unto the Clerks abiding there called to Orders or unto Residence and inhibit Ordinaries that by no means or for any cause so long as they be in the Exchequer or Kings service that they call not them to Judgment Ans It pleaseth our Lord the King that such Clerks as attend in this service if they offend shall be correct by their Ordinaries like as other but so long as they are occupied about the Exchequer they shall not be bound to keep residence in their Churches This is added of new by the Kings Council The King and his Ancestors since time out of mind have used that Clerks which are imployed in his service during such time as they are in his service shall not be compelled to keep residence at their Benefices And such things as be thought necessary for the King aad Commonweal ought not to be said to be prejudicial to the liberty of the Church Distresses shall not be taken in the High-ways nor in the antient Fees Cap. 9 of the Church Also the Kings Officers as Sheriffs and other do enter into the Fees of the Church to take Distresses and sometimes they take the Parsons beasts in the High-way where they have nothing but the land belonging to the Church The Answer The Kings pleasure is that from henceforth such Distresses shall neither he taken in the Kings High-way nor in the Fees wherewith Churches in tiimes past have been endowed Nevertheless he willeth Distresses to be taken in possession of the Church newly purchased by Ecclesiastical persons They that abjure the Realm shall be in peace as long as they be in the Church or High-way Also where some flying unto the Church abjure the Realm according to the custom of the Realm and Laymen or their enemies do pursue them and pluck them from the Kings High-way and they be hanged or headed and whilst they be in the Church are kept in the Church-yard with armed men and sometime in the Church so straitly that they cannot depart from the hallowed ground to empty their belly and cannot be suffered to have necessaries brought unto them for their living The Answer They that abjure the Realm so long as they be in the common way shall be in the Kings peace nor ought to be disturbed of any man and when they be in the Church their Keepers ought not to abide in the Church-yard except necessity or peril of escape do require so And as long as they be in the Church they shall not be compelled to flee away but they shall have necessaries for their living and may go forth to empty their belly And the Kings pleasure is that Thieves or Appellors whensoever they will may confess their offences unto Priests but let the Confessors beware that they do not erroniously inform such Appellors Religious Houses shall not be charged by compulsion with Corodies Pensions Resort or taking in of Horses and Carts Also it is desired that our Lord the King and the Great men of the Realm do nor charge Religious houses or Spiritual persons for Corodies Pensions or Sojourning in Religious houses and other places of the church or with taking up of horses or carts whereby such houses are impoverished and Gods service diminished and by reason of such charges Priests and other Ministers of the Church deputed unto Divine service are oftentimes compelled to depart from the places aforesaid The Answer The Kings pleasure is that upon the contents in their Petition from henceforth they shall not be unduly charged And if the contrary be done by Great men or other they shall have remedy after the form of the Statutes made in the time of King Edward Father to the King that now is And the like remedy shall be done for corodies and pensions exacted by compulsion whereof no mention is made in the said Statutes A Clerk excommunicated may be taken out of the Parish where he dwelleth Cap. 12 Also if any of the Kings tenure be called before their Ordinaries out of the Parish where they continue if they be excommunicate for their manifest contumacy and after forty days a Writ goeth out to take them and they pretend their priviledge that they ought not to be cited out of their Town and Parish where their dwelling is and so the Kings Writ that went out to take them is denied The Answer It was never yet denied nor shall be hereafter The examination of a Parson presented to a Benefice belongeth to a Spiritual Judge Also it is desired that Spiritual persons whom our Lord the King doth present unto Benefices of the Church if the Bishop will not admit them either for lack of learning or for other cause reasonable may not be under examination of Lay-persons in the cases aforesaid as it is now attempted contrary to the Decrees canonical but that they may sue unto a
Dissolution of Abbies and all were easily passed and assented to in Parliament But whatsoever the King were otherwise yet sure the Popes passion The Pope was more unjust in his censures then the King was in excluding the Papal jurisdiction against him carried them to greater extravagancies and exorbitancies then were on his part against them For suppose that the Pope had de facto the Investitures of Bishops Peter-pence Annates and First-fruits paid them and did exercise a jurisdiction over all the Church and Clergy yet no question all these things were by the grants and permission of precedent Kings and if Kings may grant and permit these things then what hinders but that they may recall them for Cujus est velle ejus est nolle Besides we have already shewed that although there were not that bitter personal spite between the Kings of England and and the Popes formerly as was between Henry 8. and Clement 7. and Paul 3. yet did many of them ascribe as little to the Pope as Henry did But for a Pope to deprive a Christian Prince of his kingdom over whom he had no manner of right his Adherents of whatsoever they possessed to command his Subjects to deny their obedience to their Soveraign and Strangers not to have any commerce in the kingdom and all to take arms against him and his followers granting them their estates and goods for a prey and their persons for slaves is so unlike to the example and precept of S. Peter whom they pretend to succeed who not only suffered death under Temporal power but inspired by God does command so expresly obedience to Kings not as subordinate to himself 1 Pet. 2. 13. but as supreme And of our Saviour himself who both suffered himself under Temporal power and paid tribute to Caesar and took not away but fulfilled the Moral Law which commands obedience to Princes and Higher powers and whose kingdom was not of this world that sure no Turk or Infidel was so much an enemy to Christians or indeed rather to mankind as to have desired it The state of the Church and of the Ecclesiastical Laws made by Edward the sixth THe time of this Kings reign being a Child and therefore woful and of his Father were perillous days The Father in his Laws scarce ever took advice but from his passion lust or avarice the Son although a Prince of infinite hope and goodness yet wanting the authority and reputation requisite in a Soveraign was either not able to restrain or else perswaded it was beneficial to give reins to a company of Sacrilegious Harpies and Courtiers to make a total prey not only upon all Colledges Free-Chappels Chantries and all their Lands except them of the Universities and some few other which by the Statute of 1 Ed. 6. cap. 14. were given to Camb. pref Eliz. Reg. Life of Ed. 6. the King upon specious pretences but the Lands of the Bishops generally became a prey unto them So much worse is it for every thing to be lawful then that any thing should be Law It was enacted That if any man spake irreverently or contemptuously An. 1. Ed. 6. c. 6. of the Sacrament of the Altar he should be imprisoned and fined at the Kings will and pleasure and that Justices of Peace might enquire of offenders Yet should not the person offending be arraigned or tryed unless the Bishop of the Diocese or his Chancellor or Deputy learned were required to be at the Quarter-Sessions to which purpose a new Writ was made Rex c. Episc L. salutem Praecipimus tibi quod tu Cancellarius tuus vel alius deputatus tuus sufficienter eruditus sitis cum Justiciariis nostris ad pacem in com nostro B. conservand assignat apud D. tali die ad sessionem nostram tunc ibidem tenend ad dand consilium advisament eisdem Justitiariis nostris ad pacem super arraiment deliberationem offendet contra Formam statuti concernend sacrosanctum Sacramentum Altaris And by this Satute it was Enacted that the Sacrament should be delivered to the people under both Kindes viz. of Bread and Wine From thenceforth no Conge deslier shall be granted nor any Election An. 1 Ed. 6. Cap. 2. shall be made of any Archbishop or Bishop by the Dean and Chapter but when any Archbishoprick or Bishoprick shall be voided the King by his Letters Patents may confer the same to any person whom he shall think meet c All summons citations and other proces Ecclesiastical shall be made in the name and with the stile of the King as in the Writs of the common Law and the test thereof shall be in the name of the Archbishop or Bishop c. All persons that have the exercise of Ecclesiastical Jurisdiction shall have in their Seals of Office the Kings Arms with certain characters under them for the knowledge of their dioces but the Archbishop of Canterbury shall use his own Seal and his own name in all faculties and dispensations A man speaking against the Kings Headship of the Church shall being An. 1 Ed. 6. Cap. 12. thereof attaint or convict forfeit all his Goods and Chattels to the King and suffer imprisonment during the Kings will and pleasure for the first offence and for the second offence forfeit to the King the whole issues and profits of all his Lands and all his Goods and Chattels and suffer perpetual imprisonment and for the third offence shall be adjudged a Traytor and suffer death and forfeit all his Goods and Chattels Lands and Tenements as in cases of High Treason And it shall be deemed Treason for any by Printing Writing or Deed to affirm the King not to be Head of the Church An Act for uniformity of Service and administration of Sacraments being An. 2 3 Ed. 6 Cap. 1. before divers and different viz. of Sarum of York of Bangor and of Lincoln and divers and sundry forms and fashions were used in Cathedrals and Parish-Churches of England and Wales as well concerning Mattens or Morning Prayer and the Evening Song as also concerning the holy Communion commonly called the Mass with divers and sundry rites and ceremonies concerning the same and in the administration of the Sacraments of the Church The Statute does inflict upon every Parson Vicar or other whatsoever Minister that ought or should say or sing the said Common Prayer mentioned in the said Book Entituled the Book of Common Prayer and Administration of the Sacraments and other rites and ceremonies of the Church after the use of the Church of England and shall refuse it or use any other form or shall Preach Declare or speak any thing in derogation of the said Book or any thing contained therein and be thereof lawfully convict by a Jury of twelve men or by confession shall forfeit to the King for the first offence the profit of all his Spiritual benefices and promotions arising in a whole year and
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
forty pounds and for every yeere after the summe of sixtie pounds untill hee or shee shall receive the Sacrament as aforesaid and if he or she who hath received the Sacrament as aforesaid shall after offend in not receiving the Sacrament as aforesaid by the space of one whole yeere that then he shall forfeit for every such offence the summe of sixty pounds the one moity to the King the other to him who will sue for the same in any of the Courts of Record in Westminster or before any Justices of Assize or before Justices of Peace at their generall Quarter-Sessions by Action of Debt Bill Plaint or Information wherein no Essoyne Protection or Wager of Law shall be allowed The Churchwardens and Constables of every Towne Parish or Chappel for the time being or some one of them or if there be none then the chief Constables of the Hundred where such Town Parish or Chappell is or one of them as well in places exempt as not exempt shall once every yeere present the monthly absence from Church of all popish Recusants within such Townes and parishes and shall present the names of every of the children of the said Recusants being above the age of nine yeeres and as neere as they can the age of the said children as also the names of the Servants of the said Recusants at the next generall or quarter-Sessions of that shire limit division or liberty All such Presentments shall bee Recorded in the said Sessions by the Clerke of the Peace or Towne-clarke for the time being without any Fee and for default of every such Presentment the said Churchwardens Constables or High-constables shall forfeit twenty shillings and for default of recording such presentment without a Fee the Clerke of the Peace or Town-clerke shall forfeit 40. s. Every Presenement made by any Churchwarden constable or High-constable as aforesaid whereby any Recusant shall happen to be convicted shall be rewarded by having 40. s. to be levyed out of such Recusants goods and estate in such manner as by the more part of the Justices shall be ordered by warrant under their hands and seales The Justices of Assiize and Justices of Quarter-sessions have power to heare and determine of all Recusants as well for not receiving the Sacrament as for not coming to Church and have also power to make Proclamation that the body of every such offendor shall be rendred to the Sheriff of the county or the Baylif or keeper of the Goale of the liberty before the next Assizes Generall or Quarter-sessions and if then the offendor shall not make his appearance upon Record that every such default shall be deemed as a sufficient conviction by verdict of 12 men This Statute recites the penalties imposed by the 29 Eliz. 6. upon a Recusant convict and that every conviction shall be certified into the Exchequer as is in the statute of 23 El. 1. concerning Recusants monethly forfeitures yet by this statute the King may refuse the 20 l. a moneth and take the 2 parts of the Recusants lands yet the King shall not take into his two parts the Mansion house nor shall demise nor lease over the 2 third parts or any part thereof to any Recusant nor to the use of any Recusant and whosoever shall take any lease of the King of such lands shall give such security as the Court of Exchequer shall allow not to suffer any waste to be committed upon the Premisses For the better tryall how the Kings subjects stand affected in point of loyalty and due Obedience it is Enacted That after the end of the session of Parliament any Bishop of the Diocesse or any two Justices of peace whereof one of the Quorum within the jurisdiction of their sessions may require any person of the age of 18 yeeres or above being or which shall bee convict or indicted for any Recusancy except noblemen and noble women for not repairing to Divine service according to law or have not received the Sacrament twice within the yeere next past or any person passing through the County or Liberty and unknowne except as is before excepted that being examined by them upon oath shall confesse or not deny himself to be a Recusant or shall confesse or not deny that he hath not taken the Sacrament twice within the yeere to take this Oath hereafter upon the holy Evangelists which said Bishop or two Justices shall certifie in writing subscribed with his or their hands at the next generall or Quarter-sessions the Christian name Sirname and place of abode of every person which shall take the said Oath which Certificate shall be there Recorded and kept among Records of the said sessions If any person other then noblemen and noble women shall refuse to answere upon Oath to such Bishop or Justices of Peace or take the said Oath duely tendred then the said Bishops or Justices of Peace shall commit the same person to the common Goale without Baile or Mainprize untill the next Assizes or quarter Sessions where the said Oath shall be againe tendred unto them by the Justices of Affize or Justices of Peace or the greater part of them and if such person shall then refuse to take the Oath he shall incur the penalty of a praemunire except women Covert who upon refusall shall only be committed to the common Goale there to remain without bail or mainprize untill they take the said Oath The Tenour of the Oath I A. B Doe truly and sincerely acknowledg professe testify and declare in my Conscience before God and the World that our Soveraign Lord King James is lawfull and rightfull King of this Realm and of all other his Majesties Dominions and Countries and that the Pope neither of himselfe nor by any Authority of the Church or See of Rome or by any other meanes with any other hath any power or authority to depose the King or to dispose of any of his Majesties Kingdomes or Dominions or to authorize any forreigne Prince to invade or annoy him or his Countries or to discharge any of his subjects of their Allegiance and Obedience to his Majesty or to give licence or leave to any of them to beare Arms or raise tumults or to offer any violence or hurt to his Majesties Royall Person State or Government or to any of his Majesties Subjects within his Majesties Dominions Also I sweare from my heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any authority derived or pretended to be derived from him or his See against the said King his Heires and Suceessors or any absolution of the said Subjects from their obedience I will beare faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their Persons their Crowne and Dignity
shall retain in service see or livery any person which shall forbear to goe to some usuall place of Divine service by the space of a moneth shall forfeit for every such moneth he knowing the same the summe of ten pounds This Act shall not extend to punish any person for maintaining relieving or harbouring his Father or Mother wanting without fraud any other habitation or sufficient maintenance or the ward of any person committed by authority to the custody of any by whom they shall be so relieved maintained or kept The Sheriff or other Officer upon lawfull Writ Warrant or Processe to him awarded to take or apprehend any Popish Recusant standing excommunicated for recusancy may break open the house where any such person excommunicated shal be or raise the power of the County for apprehending such person Every offence committed against this Act may be heard and determined before the Justices of the Kings Bench and Justices of Assize And all offences other than Treason shall be enquired heard and determined before the Justices of Peace in their next Generall and Quarter-sessions No attainder of Felony by this Act shall extend to forfeiture of Dower or corruption of blood The Defendant in any action commenced or brought against him by virtue of any thing in this Act may plead to the generall Issue by an Evidence that shall prove his doings or proceedings warrantable by this Law This Act nor any thing contained therein is said not to extend to take away or abridge any authority or jurisdiction of Ecclesiasticall censures No person shall be charged in any penalty by force of this Act which shall happen for the wifes offence in not receiving the Sacrament during her Marriage nor any woman shall be charged with any penalty for not receiving during Marriage In all cases where the Bishop or Justices of Peace by virtue of this Act may take of any Subject not a Nobleman this oath above mentioned The Lords of the Privie Councell or any 6 of them where of the Lord Chancellor Lord Treasurer or principle Secretary to be one have authority to require the same at any time of any Noble-man or Noble-woman being above the age of 18. years and if such Noble-man or Noble-woman other then the woman married refuse the same they shall incurre the penalty of a Premunire Where any person shall pass out of the Cinque-Ports or any member thereof to any parts beyond the seas to serve any foreign Prince State or Potentate the Lord Warden of the Cinque-Ports for the time being or any person by him appointed have power to take bond and minister this oath to such passengers If any man discover any Recusant or other person which shall entertain or Stat. Annn. 3 Jac. cap. 5. relieve any Jesuit Seminary or Popish Priest or shall discover any Mass to have been said and the persons which were present and the Priest or any that were present within three daies shall not only be freed from any penalty but shall have the third part of the forfeiture of all such summes of money goods and chattels which shall be forfeited for such offence if the forfeiture exceed not 150 l. if it doth exceed 150 l. then the discoverer to have 50 l. and the discoverer after conviction of the offendor shall have a certificate from the Judges or Justices of Peace before whom such conviction shall happen to be directed to the Sheriffe or other Officer that shall seize the goods commanding him to pay the same accordingly No Popish Recusant shall come into the house where the King or the Heir apparent shall be unlesse commanded by the King or by Warrant from the Lords of the privy Councell upon penalty of one hundred pound the one moity to the King the other to the discoverer who will sue for the same in any Court of Record where no Essoine Protection or Law Gager shall be allowed All convicted Popish Recusants dwelling in London or within five miles within three moneths after the Session of Parliament shall depart out of it and not dwell within ten miles and deliver up their names to the Lord Major if they dwell in London and if such Recusant shall dwell within ten miles of London to deliver up his name to the next Justice of Peace within fourty dayes after the Session of Parliament upon the penalty of one hundred pounds the one halfe to the King the other to him who will sue as aforesaid All Recusants which shall dwell or remain in London or within ten miles thereof shall within ten dayes after indictment or conviction depart out of the said compass and deliver up their names to the Lord Mayor In case the said Recusant shall dwell in any County within ten miles of London then within ten daies after conviction or indictment shall give up his name to the next Justice of peace the person offending shall forfeit one hundred pounds the one halfe to the King the other to the Informer as aforesaid Tradesmen Recusants who have no other habitation may continue within London and the compass of ten miles This Act repeals that branch of the 35 Eliz. cap. 2. touching licence of Recusants to remove or pass above five miles from their place of abode The King or three or more of the Privy Councell under their hands may licence a Recusant to travell out of the compass of five miles So may four Justices of Peace of the County with the privity of the Bishop of the Diocesse in writing or of the Lieutenant or any of the Deputy Lieutenants the party taking his corporall oath that he truly informes them of the cause of his journey and making no causless stayes No convict Recusant shall practise the Common Law as a Councellor Clerk Atturney or Solicitor nor shall practice the Civill Law as Advocate or Proctor nor practise Physick nor be an Apothecary nor shall be Judge Minister Clerk or Steward of any Court nor keep any Court nor shall be Register or Town-clerk or other Minister or Officer in any Court nor shall bear Office as Captain Lieutenant Corporall Sergeant Auncient-bearer or other Office in Camp Troop Band or Company of Souldiers nor bear any office in any Ship Castle or Fortresse of the Kings upon penalty of one hundred pounds to be forfeited as aforesaid No popish Recusant convict or having a Wife convict shall bear any publick office in the Common-wealth Every married woman being a Recusant convict her husband not being convict shall forfeit 2. third parts of her Joynture and Dower during her life and be made uncapable of being Executrix or Administratrix to her husband Every Popish Recusant convict shall be deemed as a person excommunicated so long as he continues not conformable and not come to Divine service and receive the Sacrament and take the oath appointed by this Parliament in the first chap. Yet such Recusant may sue for such of his Lands Tenements c. and for the profits thereof which are not
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
said Justices of peace or any of them or shall hinder or disturb any such Justices or any person authorised by them to seize the same shall forfeit all such armour and amunition to the King and beimprisoned by warrant from any of the Justices of the County during the space of three moneths without bayl or mainprize This Act nor any thing therein shall not abridge the authority and jurisdiction of Ecclesiasticall censures See Statute 6 anno 7 Jacobi who shall take the oath of obedience to the King and by whom it shall be ministred and within what time If any married woman being lawfully convict as a popish Recusant for not coming to Church shall not within three moneths after such conviction conform her self and repair to Church and receive the Sacrament according to Law then shall shee be committed to prison by one of the Kings Privy Councell if she be a Baroness or if she be under that degree by two of the Justices of the peace of the County whereof one of the Quorum without Bail or Mainprise untill she conform her self to come to Church and receive the Sacrament unlesse the Husband shall pay to the King ten pounds a moneth or the third part of his Lands and Tenements so long as the Wife remaining out of prison shall continue a convicted Recusant during which time and no longer she shall have her liberty If the giving of the temporall powers cognizance of crimes meerly spirituall Annot. be objected to Edw. 6. Queen Elizabeth and King James I think no man will undertake to answer for all things done by men yet thus much may be answered that it was no new thing for the Statute of 2 H. 5. cap. 7. gives Justices of peace and Justices of assise full power and authority to enquire of these who hold Errors Heresies and Lollardy and of their maintainers and that the Sheriff and other Officers may arrest and apprehend Anno 1. Sess 2. cap. 2. them and that this was done by Queen Mary See Mary Of King James AS there was never any Prince who had a more clear and undoubted King James his Title and Reception right and title to the English Diadem then King James for besides that he was Heir to both Houses of York and Lancaster as is most truly acknowledged by both Houses of Parliament Anno 1. cap. 1. Jac. he was derived by a long descent of Royall Ancestors from Malcolm Conmor or Cammore King of the Scots and the Lady Margaret being the name of her from whom the united Title of both Houses of York and Lancaster descended upon him Sister and sole Heir of Edgar Atheling Son and Heir of Edward eldest son of Edmond surnamed Ironside so that all titles as well of right of blood as of conquest might so truly be ultimately resolved into him that in the whole world no just exception could be taken against them so never was any Prince received with so little opposition and contradiction by all sorts of his Subjects both in England and Ireland where all those long rebellions and commotions did expire with Queen Elizabeth and in both Kingdomes all became so pacate and calme that during all his Reign in neither Nation was any sword drawn in opposition to him There was such havock made in the Reign of H. 8. Ed. 6. of all Church His care of the Church Lands upon pretence forsooth of Reformation that to stay it there was a Law made in the first of Queen Eliz. cap. 19. that all Gifts Grants Feofments Fines and other Conveyances made by any Arch-bishop or Bishop of any Honours Castles Manors Lands Tenements or other Hereditaments being parcell of the possession of his Arch-bishoprick or Bishoprick or united or appertaining or belonging to any of the same to any person other then the Queen her Heirs and Successors whereby any Estate should or might pass from the Arch-bishop or Bishop other then for the term of 21 years or three lives reserving the old Rent or more shall be utterly void Cambden Eliz. Reg. pag. 36. takes notice of the great abuse made by the Courtiers of that clause or exception of the Queen c. And indeed William of Burley had by the Queens permission so gelt the Bishoprick of Ely by virtue of this clause that it lay void above twenty years before any man of abilities or honesty would take it so pol'd and maimed although some were conunitted to prison for refusing of it But King James as his first and chiefest care by an Act of Parliament in the first year of his Reign cap. 3. made a Law that all assurances afterward made to the King of any of the Lands of Arch-Bishops or Bishops should be void so that the rapine and prey made upon the Church was first restrained totally by him King James was not only a devout observor of the Government Rites His care of Religion and Ceremonies of the Church of England but made it one of his chiefest cares to have brought an Uniformity as well in Scotland as in England and proceeded so far as to settle Episcopacy among them naming thirteen new Bishops for so many Episcopall Sees as had been anciently in that Church three of which received consecration from the Bishops of England and conferred it on the rest of their Brethren at their comming home Which Bishops he armed also with the power of an High Commission the better to keep down the insolent and domineering spirit of the Presbyterians In order to the other he procured an Act to be passed in the Assembly at Aberdeen 1616. for composing a Liturgy and extracting a new book of Canons out of the scattered Acts of their old Assemblies At the Assembly held at Perth anno 1618. he obtained an Order for the receiving the Communion kneeling for the administring Baptisme and the Lords Supper in private houses in cases of extreme necessity for Episcopall confirmation and finally for the celebrating the Anniversaries of our Saviours birth his Passion Resurrection and Ascension and the coming down of the Holy Ghost all which he got confirmed in the following Parliament So far did this wise King advance the work of Uniformity before his engaging in the cause of the Palatinate his breach with Spain and the warre which issued thereupon did divert his thoughts To his peacefull disposition and his care of the Church and Religion His great learning and clemency in the next place may be truly added his great abilities in learning so far transcending not only the Kings of the present age his contemporaries but all his predecessors and surely scarcely to be paralled by any of his time as his many learned works testifie To these other virtues may be added a mind no wayes vindicative although sometimes transported with present passion yet of some small continuance that in person or estate he was never noted to punish any man rashly or extrajudicially And although he was no great lover
of the Commons Lawes of this Land yet a great assertor of them and in disgrace with him would oftentimes affirm that there was no time whenever he could speak reason but the King would hear him With the reputation of these virtues he governed these Islands in greater peace then posbly in the ordinary nature of things could be expected In the 3. year of his Reign viz. Anno Dom. 1605. was a most hainous and The cause of the many Laws made against Popish Recusants vile attempt intended not only against the very Person of the King but even of his Posterity which had not advanced the designe of the conspirators and the Church and all the Nobility not of their faction with the Commons in Parliament assembled And the conspirators had proceeded so far that they had not only made provision to have effected their purpose and intended the fifth of November being the day for the convention of the Parliament after their Proroguement and therefore probably expecting not only a more then usuall convention both of the Lords and Gentry but even of the King himself to have blown up the Parliament House But the designe being as foolish as desperate was discovered the night before it should have been executed although it is thought that it was known even to the King himself and the Earl of Salisbury before as by accident and so had no other effect then what the conspirators might reasonably have expected had it succeeded viz. ruine to themselves for their faction being so very few in proportion to the rest of the Nation and without either money Forts or Army in reason they could not have done any thing considerable in order to their further designes and severe Lawes against all which might be suspected to be of their faction to prevent any such further attempts It is true where Tacitus observes that the conspiracies of Subjects where His defects and frailties they succeed not doe advance the Soveraignty and verefied in this attempt of the Gunpowder-Treason for how many Lawes were that Parliament and afterward enacted against all Popish Recusants we have before shewed yet so it happened and so usually happens when not carefully minded by Princes that another faction far more formidable both to King and Church openly pretending assistance to the King and Church in persecuting this faction secretly acquired strength to themselves in so doing Nor was this unseen by this wise King being naturally a greater enemy to the Faction persecuting the persecuted but either not having that magnanimity which is so requisite in a Soveraign or apprehending he had not means sufficient to goe through he neglected to apply such medicines as were necessary to the curing of this Gangrene so dilating it self both in Church Court and State but desiring Peace especially at home although almost upon any termes he rather sought to repell the breaking out of Puritanisme during his Reign then to eradicate it for the future Add hereunto that being excessively addicted to Hunting and not greatly loving the Common Lawes and finding it impossible to govern this Nation otherwise and minding controversies in Divinity more than the management of his temporall affaires and though free from Sacriledge and Corruption in his person yet carelesse of it in his Favourites and Countrymen and nothing so prudent a Manager of the Revenues of the Crown as his Predecessor whereby being forced to recede from many of his Regalities the Reins of Government both in Church and State became so loose that in the ordinary nature of things it was very difficult they should be reassumed by his Successor Ecclesiasticall Laws made by King Charles THere were some few Lawes made against Interludes c. on the Lords day and 10. groats penalty for offence to be levied by Justices and Constables which a man may read in the first Car. 1. 3 Car. 1. There had never in any time been before this Kings Reign so long Peace The state of the Church State in the beginning of K. Charles his Reign viz. for neer 80 years in this Nation as in the beginning of his Reign but neither doth peace make mens minds peaceable nor were things otherwise well disposed for the continuance of it for not only the zealous and obsequious duty which the Subjects paid to the Royall name in the person of Queen Elizabeth was quite dead and almost forgotten the great wisedome and learning of his Father not to be hoped for in the tender years of the Son the Exchequer without money and yet the King engaged in a Warre against the Spaniard for recovery of the Palatinate but the Puritan Faction which Queen Elizabeth desired so much to suppresse and so much hated by his Father was grown so farre up in Church State and Court that in all they were far more numerous both in England and Scotland and all forein Plantations then all his other Subjects Nor was the condition of Ireland better for not only the Protestant party were jarring among themselves but the Popish intent upon their destruction which after they did execute in a terrible manner To these may be added the government both in Church and State so neglected that the exercise of any Lawes to reduce them to conformity would be imputed to have been Innovations and Tyranny The Kings Councell either uncapable of giving counsell or not faithfull to their Prince Nor was there any thing left to oppose all these growing calamities but the hopefull virtues of a young Prince unacquainted in Temporall affaires and a stranger to all worldly calamities which are of no more power to protect him against seditious and rebellious Subjects then the Lawes of God and all which may be called sacred will retain men in obedience where they are not restrained by a present coercive power But these stormes which after brought this Saintlike Prince and this wofull Church State to so lamentable a condition as they lately lay under did not breake out in the very beginning of his Reign but in all three Nations did gather into such black clouds in all his reigne that almost at once breaking forth in such a terrible Tempest as upon the matter it so overwhelmed King Church and Government that there was scarce any footsteps of them left I had here designed to have inserted a short History of the chiefe occurrences of his Reigne and by what degrees this saint-like Prince became a victim to the rage and lust of his seditious subjects and have the papers now by me but in regard it must needs rub soares which may rather in their tendernesse anger then ease them and also because the History of his life hath been by others more fully written but most of all because it is his Majesties pleasure to have the memory of things rather buried in oblivion then renued I shall forbeare and doe no more then give the description of him and shew the consequence of his calamities The Description of King
peace of the Realm that they which be indicted of such offences by solemn Inquest of lawful men in the Kings Court in no manner shall be delivered without due purgation so that the King shall not need to proide any other remedy therein The Statute of Circumspectè agatis made 13 Ed. 1. 1285. Certain Cases wherein the Kings Prohibition doth not lie Cap. 1. The King to his Judges sendeth greeting Use your selves circumspectly in all matters concerning the Bishop of Norwich and his Clergy not punishing them if they hold plea in Court Christian of such things as be meerly Spiritual that is to wit of Penance injoined by Prelates for deadly sin of Fornication Avowtry and such like for the which sometimes corporal penance and sometime pecuniary is enjoined specially if a Freeman be convict of such things As also Prelates do punish for leaving the Church-yard unclosed or for that the Church is uncovered or not conveniently decked in which cases none other penance can be enjoined but pecuniary Item If a Parson demand of his Parishioners Oblations or Tithes due and accustomed or if any Parson do sue against another Parson for Tithes greater or smaller so that the fourth part of the value of the benefits be not demanded Item If a Parson demand Mortuaries in places where a Mortuary hath been used to be given Item If a Prelate of a Church or a Patron demand of a Parson a Pension due to him All such demands are to be made in a Spiritual Court And for laying violent hands on a Clerk and in case of Defamation it hath been granted already that it shall be tryed in a Spiritual Court when money is not demanded but a thing done for punishment of sin and likewise for the breaking of an Oath In all cases afore-rehearsed the Spiritual Judge shall have power to take knowledge notwithstanding the Kings Prohibition Statutum de asportatis Religiosorum made Anno 35. Ed. 1. 1307. Cap. 1 Of late it came to the knowledge of our Lord the King by the grievous complaint of the Honorable persons Lords and other Noblemen of his Realm That whereas Monasteries Priories and other Religious Houses were founded to the honor and glory of God and the advancement of the Holy Church by the King and his Progenitors and by the said Noblemen and their Ancestors and a very great portion of Lands and Tenements have been given by them to the said Monasteries Priories and Houses and the Religious men serving God in them to the intent that Clerks and Laymen might be admitted in such Monasteries Priories and Religious Houses according to their sufficient ability and that sick and feeble men might be maintained Hospitality Alms-giving and other charitable deeds might be done and that in them prayers might be said for the souls of the said Founders and their heirs The Abbots Priors and Governors of the said Houses and certain Aliens their Superiors as the Abbots and Priors of Cistercienses and Promonstratenses and of the Order of S. Augustine and S. Benedict and many more of other Religion and Order have at their own pleasures set divers insupportable tallages payments and impositions uyon every of the said Monasteries and Houses in subjection unto them in England Ireland Scotland and Wales without the privity of our Lord the King and his Nobility contrary to the laws and customs of the said Realm and thereby the number of the said Religious persons and other servants in the said Houses and Religious places being oppressed by such tallages payments and impositions the service of God is diminished Alms be not given to the poor the sick and feeble the healths of the living and the souls of the dead be miserably defrauded Hospitality almsgiving and other godly deeds do cease And so that which in times past was charitably given to godly uses and to the increase of the service of God is now converted to an evil end by permission whereof there grows great scandal to the people and infinite losses and disheritances are like to ensue to the Founders of the said Houses and their Heirs unless speedy and sufficient remedy be provided to redress so many and grievous detriments Wherefore our Lord the King considering that it would be very prejudicial to him and his people if he should any longer suffer so great losses and injuries to be winked at And therefore being willing to maintain and defend the Monasteries Priories and other Religious houses erected in his Kingdom and in all Lands subject to his dominion and from henceforth to provide sufficient remedy to reform such oppressions as he is bound By the counsel of his Earls Barons Great men and other Nobles of his Kingdom in his Parliament holden at Westminster in the 35. year of his reign hath ordained and enacted Religious persons shall send nothing to their Superiors beyond the Sea Cap. 2 That no Abbot Prior Master Warden or any other Religious person of whatsoever condition state or religion he be being under the Kings power or jurisdiction shall by himself or by merchants or others secretly or openly by any device or means carry or send or by any other means cause to be sent any Tax imposed by the Abbots Priors Masters or Wardens of Religious houses their Superiors or assessed amongst themselves out of the kingdom and his dominion under the name of a rent tallage or any kind of imposition or otherwise by way of exchange mutual sale or other contract however it may be termed Neither shall depart into any other country for visitation or upon any other colour by that means to carry the goods of their Monasteries and Houses out of the Kingdom and Dominion aforesaid And if any will presume to offend this present Statute he shall be grievously punished according to the quality of his offence and according to his contempt of the Kings prohibition No Impositions shall be taxed by Priors Aliens Moreover our Lord the King doth inhibit all and singular Abbots Priors Masters and Governors of Religious houses and places being Aliens to whose authority subjection and obedience the Houses of the same Orders in his kingdom and domion be subject that they do not at any time hereafter impose or by any means assess any tallages payments charges or other burdens whatsoever upon the Monasseries Priories or other Religious houses in subjection to them as is aforesaid and that upon pain of all they have or may forfeit By whom the Common Seal of an Abbey shall be kept and how used And further our Lord the King hath ordained and established that the Abbots of the Orders of Cisterciensis and Promonstratensis and other Religious Orders whose Seal hath heretofore been used to remain only in the custody of the Abbot and not of the Covent shall hereafter have a Common Seal and that shall remain in the custody of the Prior of the Monastery or House and four of the most worthy and discreet men of the Covent of the same House to