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
or at least ought to be a Presbyter but every Presbyter is not a Bishop For St. Paul saies Against an Elder or Presbyter receive not an accusation but before two or three witnesses 1 Tim. 5. 19. But equals cannot judge equals therefore Timothy as a Presbyter could not judge a Presbyter therefore he should judge him as being Bishop and so by consequence Presbyters are subject to the judgment of Bishops that is in Episcopal jurisdiction Besides Bishops have power of ordination of Presbyters in every City 1 Tit. 5. 1 Tim. 5. 22. but it is no where found that ever Presbyters did ordain Bishops It is not therefore Ecclesiastical practice only that is the universal practice of all Christians in all ages untill John Calvin but the institution of our Saviour by which Bishops do excell and govern Presbyters It was after the destruction of Jerusalem that Episcopi Presbyteri caepere appellari Pontifices sacerdotes as the most learned Estius observes and that the name of Priest is not a Jewish Distin 24. l. 4. pag. 35 36. word is evident for Melchisedech was not a Jew and yet a Priest and our Saviour a Priest for ever after the order of Melchisedech 11. What St. Paul in the end of his Epistle to Timothy calls Bishop of An Apostle and Bishop the same the Ephesians St. John Revel 2. 1. calls Angel of the Church of the Ephesians So St. Paul and St. John understand the same thing by Angel and Bishop but Angelus and Apostolus are the same and therefore Episcopus and Apostolus are the same But what need that be proved by deduction which the Apostle Gal. 1. 19. expresseth For James was none of the twelve yet being Bishop of Jerusalem St. Paul testifies him to be an Apostle Besides it is evident Episcopatus is the office as well of an Apostle as a Bishop Act. 1. 20. There is therefore no difference between an Apostle and a Bishop only Apostles constituted by our Saviour had their function universal whereas the Bishops or Apostles ordained by the Apostles had but a Topical function that is the exercise of their power was restrained to their City or Diocess And all Ecclesiastical writers do affirm that St. James did preside in the Council of Jerusalem although St. Peter with other of the Apostles were Members of it 12. Our Saviour having promised the ghostly power of Confirmaion Ordination The Power of Bishops which Priests have not c. to be with his Church to the end of the world and the power of Ordination Confirmation and Excommunication being bequeathed only to the Apostles the power of Ordination Confirmation and Excommunication descend only to the Apostles successors viz. Bishops rightly ordained 13. Not the voice and letter but the genuine and true sense of the Of the interpretation of Scriptures Word of God is the Canon of Christian Doctrine for the minde cannot be governed by Scriptures unless understood It is necessary therefore that Scriptures be interpreted before they be made a rule It will therefore follow that either God hath left a Power which may interpret Scripture or else that God hath revealed himself to Men without sense or meaning but the latter of these is most false and blasphemous therefore it is true that God hath left a power upon earth which may interpret the Scriptures 14. If the Scriptures were as Arts and Sciences which are derived from The Scriptures cannot be interpreted by themselves that is one place by another higher Principles or Axiomes which though they cannot be proved but are as Aristotle calls them indemonstrable propositions yet are so clear and manifest that no exception can be taken to them then indeed the Scriptures as well as Arts and Sciences might be proved one place by another untill they were resolved to their first Principles which though granted cannot be proved But it is far otherwise with the Scriptures for there is no Scripture which is not of like Authority with any other every Scripture being the Word of God one place of Scripture therefore cannot be interpreted by the consequents which may follow from another any more then the consequents which follow from Quae eidem sunt aequalia inter se sunt aequalia may be interpreted by Omne totum est majus sua parte 15. There is no prophesie of the Scripture of any private interpretation Not all they who do translate the Scriptures are the intepreters of them 2. Pet. 1. 20. It is not therefore every one who can translate the Scripture out of one language into another with his own private conceptions upon them which renders them to be interpreted by him What then hath God revealed himself to mankind in general without sense or meaning No it does not follow for as in temporal Laws no man can interpret them but he that made them either by himself or them whom he shall constitute yet every man may by his reason and discourse direct his own actions in conformity to those Laws but if he shall do any act upon misconstruction or interpretation of his own his mistaking the meaning of the Law shall not excuse him So private men may endeavor to direct their actions accordingly as they suppose God hath directed them in the Scriptures yet if upon their own heads they undertake to interpret the Scriptures although in order only to their own actions their misunderstanding the Scriptures shall never excuse any unjust act 16. Every Law of God is the Word of God but every Word of God is not the Law of God as Jacob went into Egypt is the Word but not the To whom the Authority of the interpretation of Scripture doth belong the Law of God The Scriptures contain Political Historical Moral and Natural things which are not rules of the mystery of Christian Faith and Religion Those things which concern Morality and Temporal power and Government our Saviour made no alteration in them for he saies St. Matth. 5. 17. Think not that I am come to destroy the Law or the Prophets I am not come to destroy but to fulfil And therefore quid est homicidium quid furtum quid sit meum vel tuum c. belongs to the Temporal power as much since our Saviour as before and truly I do not think I should do the Church of England any wrong if I should with Lindwood affirm that not only the Probate of Wills but also the cognisance of Tithes was in the Church ex consuetudine Angliae but those things which relate to mysteries of Christian faith as our Saviors being the Son of God took humane nature upon him and was born of a Virgin preached repentance died upon the cross for the sinnes of the world rose again the third day c. God to make his power known by the preaching of a few mean men and Fishermen and from the mouths of babes and sucklings all Temporal power not only not permitting but
of them or by any Generall Councell wherein the same was declared heresie by expresse and plaine words of Scripture or such as should be determined Heresie by the high Court of Parl. with the assent of the Clergy in their Convocation This Statute revives the 23 H. 8. 9. 24 H. 8. 12. 25 H. 8. 20. 25 H. 8. 21. 26 H. 8. 14. 28 H. 8. 16. So much of the Act of the 32 H. 8. 38. concerning precontracts of Marriages and touching degrees of Consanguinity as by the 2 Ed. 6. 23. was not repealed the 37 H. 8. 17. the 1 Ed. 6. 1. This Act repeales the Statute of the 1 2. Ph. M. 6. the 1 2 Ph. M. 8 except those things touching the Premunire in the said Statute It repeales the 5 R. 2. 5. the 2 H. 4. 15. the 2 H. 5. 7. made for the punishment of Heresies by fire and faggot This statute repeales the statute of the first of Mary and the 2 and revives Stat. 1 Eliz. cap. 2. the statute of the 5 6 of Ed. 6. for the uniformity of Prayer and administration of the Sacraments with the alteration or addition of certain Lessons to be used every Sunday of the yeere and the forme of the Letany altered and corrected and two sentences only added in the delivery of the Sacrament to the Communicants If any Parson Vicar or other whatsoever Minister that ought or should say or sing Common-Prayer mentioned in the said Booke in such Cathedrall or Parish-Church or other places where he should Minister the same in such manner and forme as is mentioned in the said Booke refuse to doe the same or use any other forme or shall preach declare or speake any thing in derogation of the said booke or any thing therein contained or any part thereof and shall thereof be lawfully convicted according to the Lawes of the Land by the Verdict of 12 men or confession or notorious evidence of the fact shall forfeit to the Queene c. for the first offence the profits of one whole yeere next after such conviction of all his spirituall Benefices and suffer imprisonment for the space of six moneths without Bayle or Mainprize If any such person once convicted concerning the Premisses shall after such conviction offend and be thereof lawfully convict shall suffer imprisonment for the space of one whole year and be deprived ipso facto of all his spirituall promotions and that it shall be lawfull for all Patrons and Donors of such Spirituall promotions to present or collate to the same as if the person or persons so offending were dead If any person be convicted the third time of the premisses he shall ipso facto be deprived of all his spirituall promotions and shall suffer imprisonment during life Any person that shall offend and be convicted inform aforesaid concerning any of the premisses not being beneficiall or having any spirituall promotion shall for the first offence after such conviction suffer imprisonment for the space of one whole year without Bail or Mainprise and for the second offence after lawfull conviction shall suffer imprisonment during life If any person shall doe or speak any thing in derogation of the book of Common-prayer or disturb or interrupt any Parson Vicar or other Minister in any Cathedrall or Parshi Church or Chappel in the celebration of the Common-prayer or ministration of the Sacraments or shall compell or cause any other Service to be celebrated being thereof lawfully convict shall for the first offence forfeit to the Queen c. the summe of one hundred Marks and for the second offence the summe of four hundred Marks and for the third offence he shall forfeit all his Goods and Chattels and suffer imprisonment during life If any person shall for the first offence be convict of the premisses in form aforesaid and shall not pay the sum to be paid by virtue of his conviction that instead thereof he shall suffer imprisonment for the space of 6. moneths without Bail or Mainprise and he that shall not pay for the second conviction shal suffer imprisonment for the space of 12. moneths without Bail or Mainprise Every person shall having no lawfull or reasonable excuse to be absent diligently and faithfully endeavour to resort to the usuall places where Common-prayer and such Service of God shall be used upon Sundayes and other dayes appointed to be kept holy and there abide orderly and soberly during the time of Common-prayer Preaching and other Service of God upon pain of punishment by censures of the Church and twelve pence to be levied by the Church-wardens to those of the poor of the Parish by way of distress The Ordinaries and all other Officers Ecclesiasticall as well in places exempt as not exempt within their Diocess have power and authority by this Act to correct and reform and punish by Church censures all who shall offend within their Jurisdictions The Justices of Oyer and Determiner or Justices of Assise in open and generall Sessions have power to hear determine and punish these offences yet so that every Arch-bishop and Bishop in their severall Diocesses by virtue of this Act may associate or joyn themselves with the said Justices No person shall be molested for any offences abovesaid unlesse he be indicted at the next generall Sessions next after such offences are committed All Lords of Parliament for their third offence shall be tried by their Peers Chiefe Officers of Cities and Boroughs have the like authority to hear and determine the offences aforesaid as the Justices of Assize and Oyer and Determiner have arch-Arch-Bishops Bishops their Chancellors Commissaries arch-Arch-Deacons and other Ordinaries having any peculiar Ecclesiasticall Jurisdiction have by virtue of this Act power in their Visitations Synods and elsewhere within their Jurisdictions to enquire and take the accusations and informations of all the offences aforesaid and to punish the same by Admonition Excommunication Sequestration or Deprivation and other censures in like form as heretofore has been used by the Queens Ecclesiasticall Laws Any person offending in the premisses and punished therefore by the Ordinary having a testimoniall thereof under the Ordinaries Seal shall not for the same offence be convicted before the Justices and likewise punished for the first offence by the Justices he shall not again receive punishment of the Ordinary Such Ornaments of the Church and of the Ministers shall be reteined Anno 5 Eliz. cap. 1. and be in use as was in this Church of England by authority of Parliament in the 2 year of the Reign of Ed. 6. untill other Order shall be taken by authority of the Queen with the advice of the Commissioners appointed and authorised under the Great Seal of England for causes Ecclesiasticall or of the Metropolitan of the Realm It was enacted That whatsoever person inhabiting in the Queens Dominions who by word or deed should maintain that the Bishop of Rome had any authority or jurisdiction in any of the
the Father may alter them and the Son sell them Primogeniture being so sacred a thing that Esau was said to be a despiser of his Gen. 25. 34. birthright that he set it at a price to save his life and being due by the Law of Nature he could not transfer it to Jacob by any act of his yet was it just with God because he despised it to transfer it to Jacob. 17. The submission to the will of one Man or one Council then becomes the Cap. 5. art 7. will of them all when every one of them obliges himself by pact to one another not to resist the will of this Man or this Council to which he hath submitted himself Observ Here is nothing to pass or to be transferred from one Man to another and therefore here can be no pact and here I would fain know how to bind and to be bound can be the same thing which Mr. Hobbs here makes But every Man binds himself forsooth and therefore every Man may when he will disoblige himself for unumquodque dissolvi potest eo ligamine quo ligatum est 18. The Right of punishing is then to be understood to be given to any one Cap. 6. art 5. when every one doth covenant that he will afford no help to him who shall be punished Observ What power of life or death is here any more then if a company of Men contract one with another that they will afford Mr. Hobbs no relief if another Man will kill maim or punish Mr. Hobbs that then this Man hath a power over Mr. Hobbs his life and person and this Right forsooth he will call gladium justitiae Art 6. 19. Having made the Temporal power to have its origination from the Inventions Pacts Wills and policies of Men he makes it Judge of all Cap. 6. art 11. Doctrins and Opinions of Faith and this from convenience for saies he If one may command any thing upon pain of Temporal death and another forbids it upon penalty of eternal death it will follow not only innocent Citizens may be punished but the City it self be dissolved for no Man can serve two Masters Observ I would know how this granted could Christianity be preached when the Temporal Laws every where did forbid it Our Savior saies Whoso hateth not Father and Mother and Wife and Children and Brethren St. Luke 14. â—6 St. Math. 10. 28. and Sisters yea and his own life he cannot be my Disciple And if Temporal powers command any thing contrary to the Laws of God we ought not to feare them that can kill the Body but are not able to kill the Soul but rather to feare him who is able to destroy both Body and Soul in Hell 'T is true indeed no Man can serve two Masters who may with equall Right command the same thing but a Man may serve two Masters who do not with equal Right command the same thing as a Tenant who owes Homage to his Lord is the Lords Man of life and limb and of earthly worship and ought to be true and faithful to him saving Littleton Hom. cap. 1. the Faith he owes to his Soveraign Lord the King and so every servant ought to obey his Master in all things which do not contradict Gods nor his Country-Laws and so ought every Man to submit himself to Temporal powers in all things if they be not repugnant to Gods Laws And let any Man see whether the whole scope of this Article be not to make all Faith and Religion as well as Society a meer invention and policy of Man and humane constitution and Creature of a Creature nor is the danger he makes so much to be feared for Ecclesiastical Powers have nothing to do with Secular jurisdictions 20. There are some doctrines held he saies by which Citizens are impowered Annot. art 11. Cap. 6. to deny Obedience to the Civitas and to fight against Supreme Princes and Powers and that by Right yea it behoves them and this belongs to the power which many do attribute to the Prince of the Church of Rome in aliena Civitate and to the power also which Bishops otherwhere out of the Church of Rome ascribe to themselves Observ I do not know nor did ever hear that any Bishops out of the Church of Rome did ever ascribe to themselves this Power Nor are there any Bishops in the Western Churches of Christendom out of England Ireland Sodorensis Episcopus and the Isle of Man if those in Scotland were not which is a question and sure this Hierarchy never challenged any such Power But why does this Man take such care for peace and quiet when as by his own principles he justifies all the actions of the League in France against Henry the fourth for Henry the third never gave nor sold the French Monarchy to Henry the Cap. 9 art 13. fourth nor did the Duke of Mayne and his party upon the death of Henry the third oblige themselves by pacts one to another that the will of Henry the fourth should be the will of them all 21. It is most manifestly false and contrary to the practice of the Cap. 5. art 9. whole world where Men are not condemned to slavery that servants have Cap. 8. art 5. no property against their Masters for where servants are not slaves they may both sue or implead and be sued or impleaded nay they may sue their Masters for Debt or not performance of Covenants c. 22. Where he makes the Fathers power not to arise from Generation but Cap. 9. art 1. that Art 7. Children are subject to their Father no otherwise then Servants are subject to their Masters is so wild and groundless an opinion that it is not worth an answering 23. It is he saies a seditious opinion that Faith and Sanctity are not acquired Cap. 12. art 6. by reason and study but alwaies supernaturally infused and inspired and yet he saies Cap. 18. Art 4. prope finem There is but one way to Science i. e. by definitions but this way to Faith does hurt Observ How these two are consistible I do not understand 24. Jus is contrary to Lex Cap. 14. art 2. prope finem Observ Therefore by the 4. Axiom lib. 1. Euclid Jus naturae is contrary to Lex naturae By Art 1. cap. 4. Lex naturalis est Lex divina And therefore by Art 2. cap. 14. Lex divina is contrary to Jus divinum which is most abominable Blasphemy Nay he says * Cap. 8 ar 10. and oftentimes in hi. s Preface Jus divinum positivum is the Scripture and here Lex divina positiva to be the Scripture So that he makes contraries to signifie the same thing Observ Lex naturae cannot be contrary to Jus divinum nor different but only in this Jus divinum is an absolute right in God to will or command any thing to be a Law of Nature and
it is impossible they should receive their origination and first power from the Pacts and Contracts of Men For where there is no precedent humane Law obliging men can neither make Pacts Contracts or Gifts nor have any thing to give and contract for And to suppose that humane laws must precede and oblige men to thei Contracts and Pacts and that Contracts and Pacts must precede humane laws and give them their power is most manifestly absurd and contradictory THE CONTENTS of the Second Book Chap. I. HAving thus far treated of Rights and Laws which are the prime and efficient cause of all Humane Christian and Legal Society We in the first Chapter of this Book proceed to declare the Causes of all Society Chap. II. This Chap. shews the cause and end of Regal power Chap. III. Declares the attributes of it and incidently the causes of Magistrates power Chap. IV. Compares the three species of Government viz. Monarchy Democracy and Aristocracy wherein the excellency of Monarchy appears above either of the other as well by reason and experience as by the institution of God and consent of the world Chap. V. Shews the internal causes disposing men to sedition as well from the Party governing as from the Subjects or party governed Chap. VI. Declares the causes and attributes of the Fathers power And Chap. VII The causes and attributes of the Husbands power In this Chap. is demonstrated that though the Fathers and Husbands power be from the Law of Nature yet may the exercise of them be restrained by the Supreme power of any place without any wrong or prejudice to them which could not be done without a violence upon the Law of Nature if the Fathers and Husbands power were an institution of God and Supreme powers an institution of Man Chap. VIII Contains the causes and attributes of Despotical or the Masters power wherein is declared that if it be impossible for any man to make another his Master then necessarily is it impossible any man should make another his Prince or Soveraign Chap. IX Treats of the causes and attributes of Ecclesiastical power DEFINITIONS 1. SOciety Aristotle in lib. 1. Pol. cap. 5. truly defines to be made up of many What is Society divided parts or persons so that there must necessarily be Unum quid quod imparet alterum quod pareat 2. There are six sorts of Society First of Supreme powers and Subjects How manifold is the Society of Men. Secondly of Magistrates and those committed to their care or government and this is most properly called the Civitas especially where the Magistrates and those in their jurisdiction have a priviledged or exempted authority peculiar to them and not the same with that which is not contained in their jurisdiction Such are the Societies of our Civitates Boroughs and Corporations in England where the Magistrates jurisdiction is exempt and priviledged from the ordinary jurisdiction of Magistrates where these priviledges and immunities are not Thirdly of Husband and Wife and this Society the Greeks called Gamaca Fourthly of Fathers and Children which is called Patrica Fifthly of Masters and Servants which is called Despotica Besides these there is a sixth Society which is proper only to Christians viz. of Bishops Curates and Congregations committed to their charge 3. Potestas est jus imperiale in aliqua persona cujus praeceptum continet What is power rationem obedientiae 4. There are four kinds of Powers viz. Divine Humane or Natural Legal How many kinds of powers are there What is Divine power and Ecclesiastical 5. Divine power or right of Command is that power which is by highest right solely and originally in God and incommunicable to any Creature from whence all other Powers are mediately or immediately derived 6. Humane power is a right of Command created immediately by God or What is Humane power immediately derived from the Law of Nature 7. Legal power is a right of Command which is not immediately derived What is Legal power from any positive or natural law of God but from some Humane law 8. Ecclesiastical power is an institution of our Saviour and left to continue What is Ecclesiastical power What is force or Tyranny in the Church of Christ until his second coming to Judgment 9. Force or Tyranny is an usurpation of Command of any Creature or company of Creatures not created by any law of God or Man Nor is it the commanding of one alone which makes Tyranny the very Grecians could account the Athenian Thirty to be Tyrants and so could the Romans the Decemviri and Triumviri And no question but it was malice and spight which made the Grecians call all Kings Tyrants and both Romans and Grecians to make all Kings to be Ravenous creatures And all those Kings who abuse their power are by men usually called Tyrants not justly I find no such title given to Saul Ahab Ahaz Nabuchadnezzar but Wicked and Idolatrous often Nor is a Father or Husband less a Father or Husband if they abuse their powers because they have a right of Command 10. Dominion or Government is the exercise of Command by any Creature What is Dominion or Government or company of Creatures who have a right or no right of Command So that though all Government or Dominion be the exercise of Command yet is not all Government the exercise of Power as the Dominion or Government of Thieves Robbers and Pyrates c. is the exercise of Command who yet have no right of Command 11. All Power is Right but all Right is not Power as Jus Proprietatis How Potestas differs from Jus. Usufructuarium is Right not Power Common Notion ALl Created Powers are from the Law of Nature or Divine posisive Institution or Humane Laws THE SECOND BOOK CHAP. I. Of Society or the mutual offices of Commanding and Obeying 1. IF all Commanding and Obeying had To command and to obey is no humane artifice or invention been an Humane artifice or invention then was there a time when Men lived out of Society and in a parity or equal condition without commanding and obeying But there is no such time recorded in Sacred or Prophane history wherein Men lived so or when or who first invented or introduced these offices of commanding and obeying Besides we see that Arts and Sciences are received in one place and not in another and in the same place and by the same men at one time and neglected at another But at no time or place did ever men live out of society or commanding and obeying All commanding therefore and obeying is no Humane artifice or invention 2. If then there was never any man born but was born in subjection To command and to obey is natural and all subjection being in the predicament of relation which must suppose something commanding and if all things which are not artificial or invented are natural Then is it as evident as that Homo
although no man can hope to preserve any thing which he hath but as he and what he hath is secured by that Power which gives him property which Power must be preserved by every mans life and fortune or else no man can hope to enjoy any thing he holds by that Power and the paying of Taxes is to maintain others who are to expose themselves and their lives in defence of what he and his fellow-subjects enjoy Yet are none of these things considered by the greatest part of men but as Mr. Hobbs observes The raising of Taxes makes men fire as those who are in Cap. 12. art 9. the disease called Incubus or as we say ridden with the Night-mare which rising from the stomach makes men think they are invaded oppressed and suffocated with great weight Which thing they who seem to themselves to be oppressed with all the weight of the City are prone to sedition and men declining in their fortunes will not spare though the fault be in themselves to impute their declining condition to the payment of the publick Taxes nor will avaritious rich men fail to pretend poverty and seek by innovation and sedition to prevent them 23. Honos est in honorante Honor is nothing else but the opinion of Passionate desire to punish Subjects especially where many are peccant moves to sedition anothers power joined with goodness Majesty does never appear so amiable as when arrayed in Clemencie whereas he who rigorously executes his power will be hated and servilely feared by them who otherwise would honor and willingly obey him It were the most easie and natural thing in the world to govern well if the violent and rigid execution of Laws against all offenders would cure the maladies of State nay Subjects ought to be preserved though peccant where the pardoning may appear an act of grace not remisness and the example not encourage others to the like offence Punishment ought always to look forward never backward that is Princes in punishing ought by the example to deter others from the like offence not to take pleasure in punishing any who hath offended him I will avenge the blood of Jezreel upon the house of Jehu and will cause to cease the house of Israel saith the Lord Hos 1. 4. How should God avenge the blood of Jezreel upon the house of Jehu whenas Jehu did nothing but what the Lord commanded him The reason is given that Jehu took pleasure in executing so dreadful a judgment upon his Masters house Weak and indisposed bodies are killed never cured by violent physick nor will Patients ever seek to Physitians who they fear will rather kill than cure them Princes who by violent and cruel ways do govern suppress yet nourish a fire which breaking out will hardly be quenched Yet it is sometime the fate I dare not think through the fault of most serene and clement Princes to suffer death and martyrdom from the sensless rage and fury of their seditious Subjects If then the insite piety of the most devout religious and best of Princes adorned with all the excelling virtues of Patience Temperance Chastity Justice Mercy love and tender care of his Subjects Magnanimity in Adversity Moderation in Prosperity could not secure Innocent Majesty from the violence of unnatural Subjects sure Peace and happiness may by other men be endeavored and prayed for in the next World but it can scarcely be hoped for in this If there were neither Heaven nor Hell no hope of bliss or fear of Annot. punishment hereafter yet sure so much Morality should be harbored in humane breasts as not causelesly to offer violence or injury to them of their own kind How much more unnatural ingrateful and inhumane then is it for Subjects against all Oaths of faith and allegiance not only not to make any restitution of those things which they hold of their Prince before they attempt any thing against him but also to imploy them all to the destruction of that Person and Power by whose grace and favor they enjoyed them And if that Monarchy be Tyranny as Libertines affirm and that all power is from the People then ought they not in reason to condemn it in the cause and allow it in the effect and rob the People of so great a part of their original right by retaining their Estates which were all mediately or immediately holden of the Crown If Regal power be unjust and usurped in the cause then cannot any act of it be just or legal and so by consequence all these famous Assertors of Liberty do unjustly and illegally hold their Estates which are nothing but Concessions originally from the Crown and do unjustly usurp them from the People from whom originally all power is derived And where these men complain so much of unjust illegal and arbitrary power of a Prince let any man shew where ever after they had usurped Regal power they made Justice Law Equity or Reason but only their Rage and Will the rule of their Actions and Laws 24. It is a vain thing to expect that Subjects will long be governed in By what degreâ—s and from what causes thâ—â— Nation became miserable peace where either they are not governed by force of Arms as the Turks English Scots Irish and Low-Dutch are or where the Subjects have not that estimation of their Prince that by his power they are protected in their lives and estates and from him do claim whatsoever may be called theirs and do not unite themselves in a Religious Unity which is the chiefest bond of Peace or Publique Form and Communion of serving God For both in Church and State there must be some one thing to which all Subjects must indifferently submit themselves or it is impossible there should be any decision of their differences in either Where men therefore will not indifferently submit themselves to the just and legal established Government in Church and State there necessarily must men whatever they pretend or hope for be forcibly governed by Arms or they will infinitely destroy one another It is true indeed that Henry the Eighth who being of all mortal men the most unfit for a Churchman ascribed to himself the Headship of the Church and having converted to his own use so great a part of the Church-lands the veneration which men retained of the Church became vile and contemptible and the Crown lost the chief support thereby The Crown thus left almost without support it descended to a Child in whose Aristocratical reign not only the Chantries and divers other Religious Houses were given by the Parliament and Bishops to the King but almost all things Sacred became a prey to the ravenous Courtiers Queen Mary endeavored to have had restored all to the Church again but the lands being incorporated into particular mens estates it was not in her power After her Queen Elizabeth by Act of Parliament so stopt the precipice of things that what was left in the Church
contradicting it converted the world to Christianity And although our Saviour gave power to all his Disciples to preach the Gospel yet only to the Apostles He expounded the Scriptures beginning at Moses And it was Luk. 24. 27. the Apostles understandings which he opened that they might understand the Scriptures And the spirits of the Prophets are subject to the Prophets ver 45. Our Saviour therefore having promised the continuance of all ghostly power in his Church and having given the power of the interpretation of the Scriptures that is those Scriptures which concern him immediately only to his Apostles the authority of the interpretation of the Scriptures is continued only in their successors the Bishops As my Father sent me so send I you S. Joh. 20. 21. 17. Our Saviour being the Head of the Catholique Church therefore To whom the right of making Ecclesiastical laws belongs all the body of the Church cannot make one Article de fide and Whoso shall go about to adde or diminish from the prophesie of the book of life God shall plague him and take away his part from the book of life Rev. 22. 18 19. Yet where he gives command to his Church to do any thing but gives it no direction how it should be done as Let all things be done decently and in order 1 Cor. 14. 40. there he gives the Church a power to make laws for the execution of his command for decencie and order must presuppose laws and directions and where there are no laws there things must necessarily be done indecently and disorderly It therefore belongs to the magisterial or governing part of the Church that is the Bishops to make laws for the decencie and order of the Publique service of God Consecration Sacraments things offered up to God and Rites of Marriage 18. It was only to Timothy as Bishop of the Ephesians that S. Paul To whom the composing of Publique Liturgies belongs 1 Tim. cap. 2. exhorts that first of all prayers supplications intercessions and giving of thanks be made for all men Therefore to Bishops it only belongs And S. Ambrose his Liturgy is continued in Milan to this day if no alteration were since the Council of Trent 19. The next Order in the Church of Christ to Apostles and Bishops Of Priests and their function is that of Presbytery or Priesthood as S. Paul says 1 Cor. 12. 28. God hath set some in the Church first Apostles secondly Prophets thirdly Teachers The Sacerdotal or Priestly power in most things is the same with Episcopal or Pontificial as both of them have power to consecrate the Sacrament of our Lords Supper and give it to the Laity both of them have power of Absolution and Remission of the sins of believing and repenting sinners both have power of Benediction of offering up the service of the Church both of them have power to preach the Gospel that is preach what our Saviour the Apostles and Evangelists taught and what Interpretation the Church hath made both have power of publique baptizing Infants both have power of visitation of the Sick celebrating Marriage and pronouncing man and wife But Ordination Confirmation Excommunication Interpretation of Scriptures And therefore if any Priest preaches any other Interpretation of the Scriptures than what the received Interpretation of the Fathers of the Eastern and Western Churches have made and the Councils of the first 400 years after our Saviour which Interpretation is received and acknowledged by the Bishops of the Church of England the Bishops by the testimony of two or three witnesses may judge him Visiting Parochial Congregations composing Publique Forms of Prayers Consecration of Churches and things offered up to God belong only to Bishops 20. Deacons are almost in the same proportion to Priests as Priests Of Deacons and their function are to Bishops Deacons may preach the Gospel which is evident for the Samaritans were converted by the preaching of Philip. A Deacon is the Minister of Bishop and Priest to assist them in offering up the Publique Act. 8. 12. service of the Church in giving the Cup after them in the Sacrament in taking the offerings of the Priest in the Visitation of the sick in Publique Baptism But a Deacon cannot consecrate the Sacrament pronounce Absolution nor Benediction and these three no question are the Orders which S. Paul calls first Apostles secondly Prophets thirdly Teachers 1 Cor. 12. 28. for in all things but only preaching and baptizing a Deacon is the Minister of the Priest and Bishop 21. Ecclesia says S. Cyprian est plebs episcopo adunata or as the Church What is a Church of England hath defined it a Church is a Bishop Curates and Congregations committed to his charge Every Congregation being a Parish that is a Priest rightly instituted and inducted exercising his function and the inhabitants of that Parish conforming themselves to the rules of the Bishop Una ecclesia plures episcopos non habet plures presbyteros habet And therefore S. James says If any among you be sick let him call the elders of the Church cap. 5. 14. such was the Church of Ephesus of Smyrna Laodicea Antioch c. and such is the Church of London Rochester c. A National Church is the aggregation of several Churches in one A National Church Kingdom in the same form of Liturgy Doctrine and Publique Worship of God such are the Churches of Greece Moscovy England France c. The Catholique Church is all Christian Churches united to one Head The Catholique Church Christ Jesus 22. He that heareth not and obeyeth not the Church is to be accounted He that denies the authority of the Church denies the authority of the Scriptures S. Luk. 10. 16. as a Heathen man Matth. 18. 17. And what is a Heathen man but he which denies or believes not the Scriptures Nor is it men which men despise and set at nought in despising the Church but God and Christ himself for He that despiseth you viz. them sent by Christ despiseth me and he that despiseth me despiseth him that sent me That Regality is a sacred order being an institution of God Gen. 49. 10. Annot. 1 and every King the Lords Anointed is in more then thirty places expressed by God himself It is therefore I conceive why the Church of Rome allows Kings the Sacrament in both kinds But how Kings as being Christian can have any ghostly power instituted by our Saviour to be only in his Church and that only by such means as he hath prescribed I do not understand For Kings as Kings are no essential part of Christs Church and therefore cannot create ghostly power And this King James confessed as you may read in Spotswoods History p. 514. And if Kings by becoming Christian have ghostly power then is the power left by our Saviour to his Church not only weakned by Kings being converted to Christianity but also divided which is
institution and therefore incommunicable or alienable yet after it pleased God that Kings should be nursing fathers and Queens nursing mothers to his Church the exercise endowment priviledges and immunities of Christian power is of positive humane institution The obedience therefore or subjection due to them who have oversight over us in the Lord is not formally due to such Bishops and Priests who have once had the oversight over us but to such Bishops and Priests who are legally constituted to exercise the jurisdiction or function in such Dioceses or Parishes where they are so constituted which exercise is alienable or transferrible though not at the will of the Incumbent yet at the will of Supreme powers and legally at the will of the Donor CHAP. II. Of Inheritance and Succession 1. NO humane law can create a humane right Jura sanguinis nullo jure No Humane law can make a Royal heir civili dirimi possint Nor is this right of succession from Divine positive laws but observed as well where Gods revelation of himself is not received as where it is And if according to the resolution of all the most learned and reverend Judges in Calvin's Case subjection is from no humane law but from the law of nature Then of necessity must Regal right and inheritance be from the law of nature for no man supposeth subjection where he does not presuppose power The Will therefore of Henry the Eight where for want of issue of Edward Mary and Elizabeth he gives the English Monarchy to the issue of Frances and Elianor daughters of Mary his younger sister before the right heirs of Margaret his eldest sister wife of James the Fourth of Scotland was void and not to be allowed and so was that of Edward the Sixth who did disinherit his sisters Mary and Elizabeth and gave the Crown to Jane daughter of Frances the French Queen aforesaid by Charles Brandon Duke of Suffolk and so were the Acts of Parliament made by H. 4. 5. and 6. which entailed the Crown upon their Heirs so was the Acts of the last of Henry the 6. which entailed the Crown upon him and the heirs males of his body and so were the Acts of the first of Rich. 3. and H. 7. which entailed the Crown upon them and their heirs Neither is succession and inheritance of Crowns declared by any humane Law in the world that I know of but only the pretended French Salique Law which we shall examine afterwards 2. None but God can make an Heire to a Crown solus Deus haeredem None but God can make an Heire to a Crown facere potest non homo Co. Lit. Sect. 7. And this Heire which Sir E. Co. here speaks of is but heire in fee to Lands or Tenements according to common Law or Custom if then only God can make such an Heire then sure none but God can make an Heire which makes humane Laws and permits Customes 3. It is not only humane Laws which say a bastard is filius terrae None can inherit not born in Matrimony Gen. 22. 2. quasi nullius filius Et qui ex damnato coitu nascuntur inter liberos non computentur but God calls Isaac Abrahams only Son although at the same time Abraham had his Son Ismael by Hagar his Handmaid or Concubine And Abraham gave all he had to Isaac but to the Sonns of the Concubins which Abraham had he gave gifts Gen. 25. 5 6. So though Ismael were Isaacs elder brother yet in comparison of Isaac born in wedlock God himself did not account him Abrahams Son Nor can one instance be given that ever by Gods either command or permission any born out of marriage did inherit By the Law therefore of God aswell as humane Law none can inherit which are born out of matrimony 4. That which no humane Law prescribes and yet is observed by all The Issue male shall inherit before the Issue female in Royalty men generally in all ages is from the Law of Nature But no humane Law prescribes the male to inherit before the female in regality yet it is observed by all men generally therefore that the issue male shall inherit before the female in regality is from the Law of Nature 5. If primogeniture had not been a sacred thing and inheritance annexed Of the Issue male the first born is to be preferred to it by the Law of Nature then could not Esau have been pronounced a prophane person for selling his birthright Heb. 12. 16. although he did it to save his life Gen. 25. 34. but being due by the Law of Nature I say Esau by his sale could not transfer it to Jacob yet because Esau did despise it Gen. 25. 34. it was just with God to transfer it to Jacob neither can it be shewed any where in sacred writ but that alwaies primogeniture in royal descent was a good title where God did not interpose 6. Only the King can inherit and succeed because his Royal capacity is Why only the King is said to inherit and succeed and Subjects do either inherit or succeed but never both affixed and inseparable with his person In the Oath therefore of Ligeance Subjects swear to beare faith to the King his Heirs and Successors but no Subject can both inherit and succeed because there is no succession can be affixed to the person of any Subject by vertue of inheritance All Corporations therefore do not descend by inheritance but are acquired as they are nominated or elected in such manner as is granted by the King or supream power 7. There are but two waies by which hereditary or successive Monarchies How many waies hereditary Monarchies descend do descend the one is Lineal descent the other Lineal Agnatical Cognatical or Collateral or as we say the one descends to the heire general the other to the heire male This latter by vertue of a Salique law takes place only in France we will therefore see what may be said and objected against the former and how the latter hath been observed in France and of what Authority it is 8. That cannot be against the Law of God which he has owned and Gynococratia or inheritance of Women not unnatural nor against the Law of God given a blessed president of but that God has owned Gynaecocraty and that in a great and miraculous delivery of his own people is evident in Deborah And that Women may inherit when the daughters of Zelophehad made their plea for their inheritance Numb 27. They first pleaded negatively Our Father was not of the company of them that gathered themselves against the Lord in the company of Corah which is a plain argument that rebellious Subjects have no property against supream powers but forfeit their goods aswell as lives for God saies ver 7. the daughters of Zelophehad spake right why should the name of our father be done away from his family because he has no Son And God himself
that simple and blind obedience should be alwaies given to their Laws as if there were neither Laws of God or any to whom they were given intellectual or reasonable creatures And though no man ought to censure much less to reproach the actions of his superior yet are no mens actions so censured as great mens and so much the more by how much the greater they are for Omne animi vitium tanto conspectius in se Iuvenal Crimen habet quanto major qui peccat habetur And if Sabinianus were so malitious a detractor from the works of St. Gregory if Bonifacius the eight used such undue means for the attaining the Papacy if Gregory the seaventh were so wicked as the Council of Brixia makes him if Alexander the sixt were so wicked a man as Platina makes him if so many decrees of the antecedent Popes have been abrogated by the subsequent Popes if Marcellinus burned Incense to Idols if Liberius consented to the Arrians and gave his suffrage to the condemnation of St. Athanasius if Honorius were condemned for a Monothalite by the sixth general Council if John 22. were condemned by the Divines of Paris for teaching that the soules of the just shall not see God untill the general resurrection then is it not possible but that either contradictions are no contradictions but the same things or the Popes have not alwaies been infallible But it is more then time to return to the question 1. That St. Paul did preach the Gospel here in England is affirmed by By whom Christian Faith was first preached and a Church planted in Britain Lib. 2. cap. 40. Theodo lib. 9. de curandis Graecorum affectibus Paulum è priori captivitate Roma dimissum Britannis aliis in Occidente Evangelium predicasse And Nicephorus saies that Simon Zelotes Doctrinam Evangelii ad Occidentalium oceanum insulasque Britannicas perfert But that ever a Christian Church was planted in this Island before that at the request of King Lucius in the reign of Commodus and not of Marcus Aurelius and Lucius Verus as Beda saies Elutherius sent Fugatius and Damianus I do no where find for not only the superstition of the Druides was publickly professed but after that a Christian Church was planted Lucius converted the three Archiflamines of London York and Carleton into Archbishopricks and the other Flamines Platina in vita St. Eleutherii into Bishopricks Yet that ever after the Bishop of Rome did claim any power or jurisdiction of these British Churches I no where find nay the contrary is very probable for they not only adhered in the observation of Easter to the Eastern Church from St. Johns observation thereof at Ephesus and not according to the determination of Pius Anicetus and Soter Bishops Beda lib. 2. cap. 2. of Rome but also the British Bishops when Augustine was sent by St. Gregory to preach and convert the English Saxons to Christianity did refuse to acknowledg any superiority from him nor by any perswasion or command of him would or could leave their ancient usages without consent of their fellowes as a man may see in Beda Nor were these Bishops in those daies Lib. 2. cap. 2. ever esteemed nay not by Beda himself as much a reverencer as he was of the Church of Rome Hereticks or Schismaticks and out of the Pall of the Lib. 2. cap. 2. Church c. but right Catholick and godly men 2. That the English Saxons after they had driven the antient Britains The conversion of the English Saxons by the Pope Gregory the great not only out of all that part of Britain which is now called England some into Britaigne in France called Britania Aremorica from whence it is supposed that Country took its denomination others into Wales but also Christianity it self and themselves continued Pagan untill they first received the Faith by the preaching of Augustine and Miletus sent by Gregory the great is consonant to all the Histories of the Church nor does to me appear any colour of Reason or Authority to the contrary 3. But that St. Gregory did not at that time arrogate to himself the Neither St. Gregory nor any of his predecessors did assume the title of head of the Church Title either of universal Bishop head of the Catholick Church or any superiority over Temporal Princes is as clear as if it were written with a sun-beam For in the contest between St. Gregory and John Jejunator Bishop of Constantinople about superiority universal Bishop and head of the Church Gregory says in his Epistle to Mauritius Nullus Romanorum Pontificum hoc singularitatis nomen assumpsit nullus Praedecessorum meorum hoc tam profano vocabulo uti consensit None of all the Bishop◠of Rome ever took upon him this name of singularity viz. of Universal Bishop none of my Predecessors would ever use this prophane stile Et universa Ecclesia corruit quando is qui appellatur universalis cadit The whole Church falleth when he which is called Universal Bishop falleth Et nos hunc honorem oblatum nolumus recipere We would not accept of this honor offered unto us Epist 80. And in his Epistle to John claiming to himself this title he says Tu quid Christo universalis ecclesiae capiti in extremi judicii dicturus es examine qui cuncta ejus membra tibimet conaris Universalis appellatione supponere What answer wilt thou make to Christ the Head of the universal Church at the trial of the last Judgment which thus by the name of Universal Bishop seekest to make all his members subject unto thee And unto Anastasius Bishop of Antioch he writes Ut de honoris vestri injuria taceam si unus episcopus lib. 6. ep 188. vocatur universalis universa ecclesia corruit si unus universus cadit Not to speak of the injury done to your honor if one Bishop be called universal then if that one universal Bishop goes down the whole Church falleth And afterward Vos eandem causam nullam dicere non debetis quia si hanc aequanimiter portamus universae ecclesiae fidem corrumpimus Ye ought not to say it is a business of no importance for if we patiently abide these things we destroy the faith of the whole Church And comparing the pride of this Name with the pride of Antichrist he says Nunquid non cum se Antichristus veniens Deum dixerit frivolum valde erit sed tamen nimis perniciosum Si quantitatem vocis attendimus duae sunt syllabae si pondus lib. 6. ep 194. iniquitatis universa pernicies And lib. 4. ep 33. he says In isto scelesto vocabulo consentire nihil aliud est quam fidem perdere To consent to this wicked Name is nothing else but to lose the Faith This and much more you may read in lib. 4. ep 80. ep 99. and in S. Gregory's epist to Eulogius Patriarch of Alexandria Howbeit Boniface the
Third within less then three years after the death of S. Gregory did assume the title of Universal Bishop and Head of the Church but rather by the donation of Phocas who had no more right to give it then the Parliament had to give Henry the Eighth the Head of the Church of England nor had Phocas any colour of title to the Empire and have continued it ever since 4. S. Gregory in his 76. Epistle to the Emperor Maurice says Nunquid Neither S. Gregory nor his predecessors did claim superiority over Temporal Princes ego in hac re piissime Domine propriam causam defendo Do I herein defend mine own cause O gracious Lord And Dominus meus fuisti quando adhuc Dominus omnium non eras ecce per me servum ultimum suum vestrum respondebit Christus You were then my Lord when you were not Lord of all viz. the Empire behold Christ himself shall answer by me who am his and your meanest servant And when the Emperor Maurice had made a law That no Soldier should turn Monk until his warfare were ended Gâ—eg ad Manâ— Aug. lib 3. eâ— 61. Gregory disliked the law and gave the Emperor this sense of it Ego quidem missioni subjectus eandem legem per diversas terrarum partes transmitto quia lex ipsa omnipotenti Dec minime concordat ecce per suggestionis meae paginam dominis nunciavi utrobique ergo quae debui exolvi qui Imperatori obedientiam praebui pro Deo quid sensi minime tacui I being subject to your command have transmitted your Law to be published through divers parts 〈◊〉 2. ep 61. of the world And because the Law it self is not pleasing to Almighty God I have represented my opinion thereof to my Lords whereforee I have performed my duty on both sides in yielding obedience to the Emperor and not concealing what I thought for God And Boniface the First sent an humble supplication to Honorius desiring him by his authority to provide some remedy against the ambitious contention of the Clergy concerning the Bishoprick of Rome The Emperor Honorius at his request established Dist 92. cap. Eccle. cap. Victor a law That none should be made Bishop of Rome through ambition charging all Ecclesiastical Ministers to cease from ambition appointing moreover that if two were elected neither of them should be taken but the election to proceed further to another to be chosen by a full consent of voices as it is expressed dist 79. cap. Si duo If then S. Gregory himself were so zealous an opposer of Universal Bishop and Head of the Church and to that purpose introduced that sentence of Servus servorum Dei to deter all subsequent Bishops of Rome from such arrogance And if S. Gregory did acknowledge himself so humble a Subject to Maurice and that Boniface the First did petition Honorius by his authority to provide against the irregularities in the very election of the Bishop of Rome there was no such thing in these days as Cardinals and the Election of the Pope in the Conclave then sure in the days of S. Gregory and before neither did the Popes assume this title of Head of the Church nor a power of disposing and transferring Kingdoms at their pleasure But affirmanti incumbit probatio and let any man that affirms either prove either 5. That above one half of what is now called Britain did retain the Though S. Cregory were the first yet was he not the onely Converter of the English Saxons Christian faith notwithstanding the persecution of the Saxons is sufficiently evident if we consider Scotland and Wales which always retained Christianity since it was first planted Nor were the very Saxons themselves utterly destitute of Christianity For Berta the wife of Ethelbert King of Kent and daughter to the French King was tolerated to observe the rites of Christian religion with Bishop Luidhard and this was before that S. Gregory was excited or inspired to undertake to preach to the English Saxons It is true that Ethelbert after his own conversion did endeavor to Seld. Anae Anglo Brit. lib. 2. cap. 2. pag. 62. have planted the Christian faith both in the Kingdoms of Northumberland and the East-Angles with fair hopes of good success for a season but it took not effect for within a short time both Kings and Kingdoms forsook their Religion and apostated from Christ The Kingdoms of the West-Saxons and of the South-Saxons under Kingils their King who did unite the Heptarchy into a Monarchy were converted by the preaching Speed in the Kings of the West-Saxons an 611. Beda lib. 3. cap. 4 5. Idem lib. 3. cap 21. Speed in the Kings of the East-Angles an 636. of Berinus an Italian by the perswasions of Oswald King of Northumberland Oswald King of Northumberland was baptized in Scotland and Religion luckily planted in that Kingdom by Aidan a Scotish Bishop Penda King of Mercia was converted and Christened by Finanus Successor of Aidan by means of a Marriage with a Christian Princess of the Royal family of Northumberland Sigibert King of the East-Angles in whose days and by whose means Religion took root among the East-Saxons was converted and Christened in France 6. No sooner was the name of Christ preached but the English presently The zeal of our Ancestors upon their conversion with such fervent devotion and zeale consecrated themselves unto Christ that they took incredible pains in propagating Christianity in celebrating Divine service performing all functions and duties of piety building Churches and endowing them with rich livings so that there was not another Region in Christendom that could make reckoning of more Monasteries richly endowed yea and divers Kings there were that preferred a religious and Monastical life before their Crown and Kingdom So that many holy men also this Land brought forth which for their firm profession of Christian Religion constant perseverance therein and sincere piety were canonized Saints that it gave place to no Christian Province in this behalf And like as Britain was called by Porphyry a plenteous province of Tyrants so England may be truly named a most fruitful Island of Saints Camb. Brit tit Angl. Sax. 7. The Bishop of Derry in his book of the Just vindication of the Church The Popes universal power was not received under the English Saxon Kings before the Conquest of England pag. 57. does affirm that not any of the petite Saxon Kings or their Subjects though some of them indebted to S. Gregory for their Conversion and all of them much weakened by their sevenfold division for at first there was of seven Kings but only one who was a Christian namely the King of Kent neither was it any of his progeny who afterward did unite the Heptarchy into a Monarchy much less that any of the succeeding Kings of England or of Great Britain did ever make any solemn formal or obliging acknowledgment of
their submission to the Church of Rome But on the contrary when Austin first arrived in England he stayed in the Island of Thanet until he knew the Kings pleasure and offered not to preach in Kent until he had the Kings licence to preach throughout his Dominions c. Neither was there any Appellant from the Conversion of the English he says to Rome until Wilfrid Archbishop of York who notwithstanding pag. 60. that he gained Sentence upon Sentence at Rome in his favor and notwithstanding that the Pope did send express Nuntio's into England on purpose to see the Sentence executed yet could he not obtain his restitution or benefit of his Sentence for six years during the reigns of Egbert and Alfred his son yea Alfred told the Popes Nuntio's expresly That he honored Spelm. concil an 705. them as his Parents for their grave lives and honorable aspects but he could not give any assent to their Legation because it was against reason that a person twice condemned by the whole Council of the English should be restored upon the Popes Letter And after he says That after Alfred and pag. 62. Theodore were both dead Theodore was the Archbishop of York that opposed Wilfrids Donation from the Pope and continued it so long as he lived we find the Sentence of the Pope and Wilfrids Restitution still opposed by the surviving Bishops in Alfreds Sons reign c. Neither were there any Appeals to Rome from that time until after the Conquest in the reign of Henry the First by Anselm Archbishop of Canterbury 8. See Comment Lit. sect 648. pag. 344. where it appears by our All Bishopricks were of the Kings foundation originally and donative books and divers Acts of Parliament that at first all the Bishopricks in England were of the Kings foundation and Donative per traditionem baculi id est the Crosier which was the Pastoral staff annuli the ring whereby he was married to the Church King Henry the First being requested by the Bishop of Rome to make them elective refused it But King John by his Charter bearing date quinto Junii anno decimo septimo When they became eligible and by what power granted that the Bishopricks should be eligible So that all Bishopricks were not only at first of the Kings foundation and Donative but afterwards became eligible from no other cause but the Kings Charter 9. That the sacred character of Priesthood does not free men from The Kings of England before the Couquest did exercise their Regal power over all persons in all cases the subjection due to the Laws of their Prince and Country is not only evident by many examples in Sacred Writ and by almost infinite precepts and examples of Gospel and holy Martyrs in primitive times but also by a concurrent consent of all Histories where Christianity hath been planted And that these powers have been justly exercised by the Kings of England before the Conquest among the many Laws of Ina Withred Alfred Edward Athelstan Edmund Edgar Athelred Canutus and Edward take these of Canutus Si quis sacra tenens pejerasse convictus fuerit ei manus praeciditor ni dimidiatam Lambert Saxon laws lex 33. f. 113. sui capitis astimationem domino atque episcopo dependerit neque vero deinceps qui juret dignus putandus est nisi quidem Deo cumulatè satisfecerit atque ab ejusmodi in posterum nefario scelere abstinendi fidejussores admoverit If any in Holy orders be convict of Perjury let him be branded on the hand unless he shall pay to the King and Bishop half the price of his head Neither shall he afterward be esteemed worthy to take an Oath unless he shall have abundantly satisfied God and shall have given Sureties that afterward he shall abstain from such wickedness Si quis eorum qui arae deservierint alicui mortem obtulerit omni cum divini lex 36. 114. tum humani juris patrocinio excludatur nisi quidem cum exilio cumulatè id sceleris compensarit atque caesi etiam cognatis satisfecerit aut saltem una cum hominibus qui jurent idoneis omnem criminis suspicionem diluerit Hanc vero quae Deo hominibus debetur compensationem intra ter denos idque cum fortunarum suarum omnium discrimine dies aggreditor If any one who serves at the Altar shall kill any man let him be excluded from the protection of Divine and Humane laws unless with his banishment he may abundantly satisfie that wickedness and shall also give satisfaction to the kindred of him who is killed or at least together with sufficient men who shall give Law-gager their oaths shall wash away all suspition of the crime And let him go in hand to make this compensation which is due to God and men within thirty days and that upon the forfeiture of all his fortunes Si eorum qui arae deservierint aliquis hominem occiderit aut insigne aliquod lex 38. ibid. perpetrarit flagitium gradu honore dispoliatus proinde atque ei Papa circumscripserit habitandi locum exulato ac cumulatè compensato Sin is crimen fuerit inficiatus excusatio tripla esto Atque in hanc quae Deo hominibus debetur compensationem intra ter denos aggrediatur dies ab omni legis commoditate destitutus habetor If any one who serves at the Altar shall kill a man or commit any foul offence despoiled of his honor let him be banished the place of his habitation and make abundant satisfaction yea though the Pope make it void But if he deny the crime let his excuse be threefold and if within thirty days he does not endeavor to give this satisfaction which is due to God and man let him be outlawed Si quis sacris inauguratus rei capitalis obnoxius extiterit comprehenditor lex 40. 115. atque ut tandem episcopo criminis admissi poenas dependat asservator If any one in Holy orders be guilty of any capital crime let him be apprehended and fafely kept until he be punished by the Bishop for the crime committed Si quis sacrum ordinem atque vivendi formulam commutarit pro ipsa lex 46. 116. ordinis dignitate sive capitis aestimatione mulcta legis violatae poena sive rebus suis omnibus compensato If any one shall change his holy order and form of living for the dignity of the order or price of the head let him be fined for punishment of the violation of the Law or forfeit all he hath But how far this good Prince was from having any spight to Holy Orders or men separated to the Worship of God and Service at the Holy Altar he does enact Siquis sacris initiatus incoláve in iis quae ad fortunas Law 37. fol. 114. vitamve ejus spectarint decipiatur tum ei rex ni is aliunde habuerit loco Patroni cognatorum esto Fraudator
this Popes Letter but pleaded the Fundamental Laws and Customs of the Land Consuetudo regni mei est à patre meo instituta ut nullius praeter licentiam Regis appelletur Papae qui consuetudines regni mei tollit potestatem quoque coronam Regis violat It is a Custom of my Kingdom instituted by my Father that no man may appeal to the Pope without the Kings licence He that takes away the Customs of my Kingdom doth violate the Power and Crown of the King And these Laws were no other then the Laws of the Confessor viz. the old Saxon Laws but also in the execution of these things the Bishops of England adhered to the King and Laws and denied their suffrage to their Primate as you may read in the Bishop of Derry's Vindication of the Church of England p. 63 64. 14. After pag. 65. he instances out of Sir Hen Spelman conc an 78. Legations as rare as Appeals before the Conquest that Gregory Bishop of Ostium the Popes Legate did confess that he was the first Roman Priest that was sent into these parts of Britain from the time of Austin and that those Legates were no other then ordinary Messengers or Ambassadors sent from one Neighbour to another Such a thing as Legantine Court or a Nuntio's Court was not known in the British world and long after 15. See Speed in the Life of Stephen para 4. where Stephen having The Pope and all the English Hierarchy conspire with Stephen against Maud the undoubted Heir of Henry the first entred his Government in the year of our Lord 1135. the 2. of December and was crowned at Westminster the 26. of the same moneth being S Stephen's day by William Corbel the Archbishop of Canterbury who with the rest of the Bishops doing him homage and knowing now he would yield to any conditions for performance whereof his brother the Bishop of Winchester did there engage himself for a Pledge they all took their Oath of Allegiance conditionally traiterously I might say to obey him as their King so long as he should preserve their Liberties and the vigor of Discipline And that the Lay-Barons made use also of this policy appeareth by Robert Earl of Gloucester who sware to be true Liegeman to the King as long as the King would preserve to him his dignity and keep all covenants c. And having buried the body of Henry the First he went to Oxford where he acknowledged he attained the Crown by Election only and that the Pope Innocentius confirmed the same 16. The next contest which after Anselm happened between the King The second contest between the King and Pope and from what cause and the Pope was caused by Tho. Becket Archbishop of Canterbury For Stephen the Usurper having made a Law whereby the Temporal Judges might not meddle with Ecclesiastical persons Henry the Second upon many disorders committed by the Clergy did repeal this Law and restored the antient Laws of this Realm commonly called Avitae leges whereby the persons of Priests were not exempted from being judged by the Temporal Judges And though the Archbishop sware to observe the Laws restored by the King yet was he absolved by Pope Alexander 3. Nor could the Archbishop ever after be brought to conform to the Laws called Avitae leges which was the cause of his assassination and of great trouble to the King and Realm And whether this man did deserve to be canonized for his stubborn disobedience to the Laws of his Country which no ways concerned Faith but only Civil and Temporal obedience and those not new neither but a restitution of the antient Laws let any man judge 17. The first occasion of the quarrel between King John and Innocent The quarrel between King John and the Pope the Third was Hubert the Archbishop of Canterbury being dead the Monks of S. Augustine in that City elected without any licence of the King one Rainold and took an oath of him to go to Rome and take his investiture from the Pope The King incensed hereat caused John Gray to be chosen and desired the Pope to ratifie this last choice The Pope notwithstanding confirms the former The King hereupon grows angry and divers of the Monks against their own act refuse to accept him The Pope although Rainold were chosen by the Monks and confirmed by the Pope adviseth the Monks to choose Stephen Langton the Monks do so the King is highly exasperated and forbids all Appeals to Rome and did alleadge that he had Bishops Prelates Nobles and Magistrates of his own who could according to the Laws of the Land decide and determine all Controversies which should arise in Church or Commonweal The Pope insisted upon the election of the Cardinal Stephen Langton was Cardinal of Chirsogone and required the King not only to give him the quiet possession of the See but also to recall all such Monks as were exiled and to restore them to their Goods which were seised on by the King for the last choice and for default to interdict him and the whole Realm The King is so far from obeying that he seised upon the Lands and Goods of those Bishops to whom the Pope had forsooth given the power of Interdiction The Pope constant in his resolutions by Pandulphus and Durant interdicts the King and Kingdom and gives it the French King King John driven into a great strait gives his Crown and Kingdom to the Pope he good man had before given it to the French King Philip the second sirnamed Augustus and his son Lewis had gotten such footing in England that he would not be gotten out The Pope interdicts both father and son but his curses took not such place that they would give over what they had gotten by the first grant nor did these troubles end until the English Nation uniting themselves under Henry 3. did by plain force drive Lewis out of England to such an insufferable height was the Papacy grown in those days 18. Although the stubborn Barons made Henry 3. swear to observe The Bishops in H. 2 his reign conspire against him the Ordinances made in the Mad Parliament at Oxford and the Archbishop of Canterbury and nine other Bishops did denounce a Curse against all those who either by direction arms or otherwise should withstand the Ordinance of the Twelve Peers which gave the exercise of all Regality to them yet did the Pope absolve him from it very easily Addit Matth. Paris 990. 19. How zealous the most noble Prince Edward the first was in the Contests between the Pope and Ed. 2. cause of Christianity and how observant of the Papal power is evident by his victorious Voyage into Holy Land But he afterwards became hated by the Churchmen both in respect of the Statute of Mortmain made in the fourth year of his Reign and also because that by the advice of William Marchyan his chiefest Treasurer he seised into his hands the
your souls sad rather then instructed you with sound and wholesome Doctrine it seemed good to us being met together to send to you Barnabas and Paul who had ventured their life for the Name of Christ With them we send Judas and Sylas who shall speak the same words It seemed good to the Holy Ghost and us not to impose more necessary burden then these things upon you That ye abstain from things offered to Idols and Blood and things strangled and from fornication and that ye will that which ye would other men should do to you From this one Commandment it is manifest That a man should restore every man his right neither is there need of any other Law-book This he should remember who sits a Judge over other men That he should not give that judgment upon other men which he would not have given upon himself After the Gospel of Christ was preached many Nations as also the English by Faith joyned themselves to the Word of God Some Bishops and other famous men as well in England as other Regions held a Council of wise men and these men taught by Gods mercy imposed upon every sinner a pecuniary mulct and left the power of exacting it to the Magistrates without any offence to God having obtained leave onely to the betrayer and forsaker of our Lord they did not judge fit that this light punishment should be inflicted because they deemed such a man not worthy to be spared as well because God would have such contemners of him unworthy of all mercy as also that Christ Gods Son would not have mercy on them that betrayed him to death and he bid them to worship God before any other They therefore in many Synods constituted punishments for all sins and commanded them to be written These Laws have I Alfred the King gathered together and commanded to be written a good part whereof our Ancestors have religiously observed there are also many things worthy to be observed of us with like Religion in this age yet some there are which seem less profitable to us by the advice of wise men I have altered some I have made new And because it may seem rashness for any one to command to be written more then his own Decrees as also it would be an uncertain thing how they would be esteemed afterward of which we make great account Whatsoever are worthy to be observed in the acts of Inas my Kinsman of Offa King of the Mercians or Ethelbert who was the first of Englishmen that was baptized I have collected them all and the other left And in taking them I Alfred King of the West-Saxons have used the counsel of the most wise men and it hath pleased them all to judge them worthy to be kept Of the Priviledge of the Church Cap. 2. If any man guilty of any crime shall flee to a Religious house if that belong not to the Farm of the King or some Honorable family let him there remain three nights in which let him heed his salvation unless in the interim he return into favor And if any one shall during that time weaken him with fear of stripes bonds or wounds let him be free as the custom of the Nation is with the price of his head and with fine and the damage of violation of the liberty of the Church with One hundred and twenty shillings to boot Of the Priviledge of Sanctuary Cap. 5. We do further grant this peace to every Church consecrated by a Bishop If an enemy afflict another and he implores help of the Temple let him in seven days be taken out by no man if for hunger he can live so long and not opened his way by force If a man does otherwise let him be held a breaker of the King and Church and also of a more grievous crime if he shall have stoln any thing thence If the Governor have more then ordinary occasion to use that place provide for him in another house which has not more doors then that which shuts the Church and let the Governor take care that in the mean time he gets no meat But if he will give his arms into the power of his adversaries let them keep him safe thirty days and then give him into the hands of his kindred Also the freedom of the Church is if any guilty man flee to the Church before he be accused and there confess it in Gods name he shall be remitted half of his mulct Of Sacriledge Cap. 6. If a man steal any thing in a Church let him pay the value of the thing stolne and that punishment belonging to that value and that hand wherewith he stole be cut off if he will redeem his hand and it be granted him let it be with the price of his head If a man steal upon a Sunday Christmas-day Easter-day Holy Thursday or upon a Communion-day let him pay double as also in the Fast of Lent Of them who steal money out of Churches 8. If any man shall take money out of a * * Church Minster without the Kings leave or the Bishops he shall pay 120 shillings half to the King half to the Bishop and the Lord of the Church Of the Fighting of Priests 21. If a Priest slea any man let all he has acquired be confiscate and the Bishop degrade him and let him be thrust out of the Church unless the Lord of the house will forgive him the price of his head Of him who binds himself to God or enters into Religion 28. If any other accuse a man entred into Religion or bound to God that he hath not performed something of those things which he has mentioned let him give a Fore-oath in four Churches and the other if he will justifie himself let him do it in twelve Churches Of Fight 38. This Chapter gives a Priviledge for the honor of the Church in case of Manslaughter to him who flees thither Of Mass-Holidays 39. All Freemen have freedom granted them on these Holidays but not Servants The twelve days in Christmas the day on which Christ subdued the Devil the Anniversary feast of S. Gregory and seven days before Easter and seven days after the Feast-days of S. Peter and S. Paul In Autumn the whole week which is before the Feast of Mary the Feast-days of all Saints and the four Wednesdays in Ember-weeks let servants have all holy liberty given and freedom that they may spend all their endeavor upon the benefit of those things which they have heretofore received in Gods name or for whatsoever benefit he shall hereafter earn The League of King Edovard and Guthrun Preface THese are the institutions of King Alfred and King Guthrun and then King Edoard and King Guthrun made in those very times when the Danes and English made league and bound themselves that those things which are afterward recited should be often amplified and increased to the common benefit of the Realm
to God That is Plough-alms fifteen nights after Easter the Tithes of young living creatures at Whitsuntide and the Tithes of the Fruits of the earth at the feast of All Saints But if any one will not pay his Tithes after the manner aforesaid viz. of the tenth acre of Plough-land then let the Kings Sheriff the Bishop the Lord of the Soil and the Priest of the Church meet and no thank to him restore the tenth part to the Church to which it was due and leave the ninth to him As concerning the other eight parts let the Lord of the Soil have one half and the Bishop the other be he the Kings man or any Nobleman's Of Peter-pence 9. And the money due to Rome is to be paid upon the feast of S. Peter He who shall not pay it shall pay that penny to the Bishop and thirty pence beside and two hundred and twenty shillings to the King Of First-fruits 10. Let the First-fruits be paid at the feast of S. Martin and if a man shall forbear he shall give them elevenfold to the Bishop and two hundred and twenty shillings to the King Of the Tithes belonging to the Church of a Freeman 11. If a Freeman hath a Church upon his Demesnes which hath a Church-yard then it shall be in his power to confer upon his Church the third part of his Tithes But if there be no Burying place belonging to the Church then may the Lord of the Soil give the Priest so much of the nine other parts as shall seem good to him and let the Hearth money be first paid to the Church by every Freeman Of money for Lights 12. And let money be given to Lights thrice every year First upon the feast of Easter let one halfpenniworth of wax be imposed upon every Hide of land and so much again upon the famous feast of All Saints and the like to be done upon the feast of the Purification of S. Mary Of the money called Symbolum animae and of Burial 14. And it is meet that after a grave be opened the Burial-money be forthwith told out And if a man bury one dead out of the bounds of his parish yet shall the Burial-money notwithstanding be restored to the Church to which of right it did belong Of Gods right in observing Festivals and Fasts 15. And let every one defend all Gods right all he can Let him celebrate Festival and Fasting-days also Sunday keep a feast from Saturday noon to Munday light and let every man abstain from bodily labor Of Sunday 16. And we expresly forbid any Market to be kept or any Convention of the people to be made upon a Sunday unless there be urgent necessity And also let every man upon a Holiday abstain from hunting and all bodily labour Of Fasts 17. And we command that every man observe all these Fasts whether of the Ember-weeks or Lent or any other Fast with all godliness And to fast all the days of S. Mary and the feasts of all the Apostles but of Philip and James we command not to be kept Fast because of the Festivity of Easter And upon every Friday if it be not a Festival fast And let no man fast from Easter until Whitsuntide or from Christmas until the Octaba's of Epiphany unless he were willing or injoined by the Priest Of the times of Vacation 18. And we forbid the Ordal upon all Festivals Ember weeks and other right Fasting days and all Pleadings at Law from the feast of the Anniversary of the coming of our Lord until eight days after Epiphany and from Septuagesima until the fifteenth day after Easter And indeed the wise men have ordained that the Annual feasts of S. Edward and S. Dunstan be religiously observed of the Englishmen upon the 15. Kalends of April and 15. Kalends of June Let every Christian man upon these solemn feasts as is meet be peaceable and free from all fraud and malice And if any one did owe any thing to another whether in the nature of pledge or compensation let him either repay it before these days or soon after An Exhortation to Confession and Penance 19. And we command for Gods love that all Christian men understand those things which are necessary for the good of their souls For a time will come when we would rather have obeyed Gods will when we had time given us then to have enjoyed all the goods which all men enjoyed in the world Certainly a reward will be given to every one of us according to the deeds of every one Then woe be to the miserable which in their life deserved the eternal punishments of hell And therefore that we may diligently avoid our misdeeds let us ingenuously confess our sins and abstain from all wickedness for the future and duly compensate and command those Laws to others which shall not be grievous to obey This is right Judgment and with God acceptable and he is truly blessed which by rule shall judge For Almighty God the Creator of all things created us all and with an inestimable price redeemed us viz. with his own life poured out upon us An exhortation to the Eucharist and honest life Cap. 19. And let every Christian man do all those things which conduce to his health and be very careful of his Christendom And he which will do all things necessary for the good of his soul which all ought to do must understand that thrice at least every year he must prepare himself to receive the Eucharist and he who trusts that he shall be acceptable must rightly observe all his words and deeds and religiously keep his oath and faith given and do justice all he can in all parts of our Dominion and diligently follow Gods justice in word and deed So then at length all of us shall abundantly obtain Gods mercy Of Fealty to the Lord. 20. Further we will follow what we teach others always to be faithful to our Lord and defend his honor with all our might and obey his will For whatsoever we shall do to our Lord in right and vertue will be to our self a great ease For in this thing God the Creator of all things and Lord will be faithful to us It is therefore very meet that Lords govern their servants with reason To worship God from the heart and faith 21. And we greatly admonish all Christian men that inwardly from their heart they love God and that they stedfastly hold Christian religion and devoutly obey Gods teachers and diligently learn Gods law and contemplate it and often and much follow it to the profit of themselves That men throughly learn the Lords Prayer and Apostles Creed 22. And we teach that every Christian man so learn that at least he throughly understand the right Faith the Pater noster and Apostles Creed For with one of these every Christian man does pray to God and with the other profess a
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
Item Whereas Commissions be newly made to divers Justices that 6. they shall make enquiries upon Judges of the holy Church whether they made just proces or excessive in Causes Testimentary or other which notoriously pertaineth to the cognizance of holy Church the said Justices have enquired and caused to be Indicted Judges of the holy Church in blemishing of the Franchise of the holy Church That such Commissions be repealed and from henceforth defended saving the Article in Eyre such as ought to be No Scire facias shall be awarded against a Clerk for Tythes Item Whereas Writs of Scire facias have been granted to warn Prelates 7. Religious and other Clerks to answer Dismes in our Chancery and to shew if they have any thing or can any thing say wherefore such Dismes ought not to be restored to the said Demandants and to answer as well to us as to the party to such Dismes That such Writs from henceforth be not granted and that the proces hanging upon such Writs be annulled and repealed and that the parties be dismissed from the Secular Judges of such manner of Pleas saving to us our right such as we and our ancestors have had and were wont to have of reason In witness whereof at the request of the said Prelates to these present Letters we have set our Seal Dated at London this 8th of July the year of our Reign of England 18. of France the 5th In the Reign of Ed. 3. 16 Ed. 3. tit Excom 4. An Excommunication by the Archbishop albeit it be disannulled by the Pope or his Legats is to be allowed neither ought the Judges to give any allowance of any such sentence of the Pope or his Legat. It is often resolved that all the Bishopricks within England were founded In the Reign of Ed. 3. by the Kings Progenitors and therefore the Advousons of them all belong to the King and at first they were Donative and if that any incumbent of any Church with cure die if the Patron present not within six moneths the Bishop of that Dioces ought to collate to the end the Cure may not be destitute of a Pastor if he be negligent by the space of six moneths the Metropolitan of that Dioces shall confer one to that Church and if he also leave the Church destitute by the space of six moneths then the common Law gives to the King as Supream within his own Kingdom and not to the Bishop of Rome power to provide a competent Pastor for that Church The King may not onely exempt any Ecclesiastical person from the Jurisdiction 17 Ed. 3. 23. of the Ordinary but may grant him Episcopal Jurisdiction And thus it appears there the King had done of antient time to the Arch-Deacon of Richmond This resolution is not grounded upon any Custom or Law but onely upon a particular fact of a King à facto ad jus non valet argumentum All Religious or Ecclesiastical Houses whereof the King was Founder are by the King exempt from Ordinary Jurisdiction and onely visitable and 20 E. 3. Excom 9. 19. Ed. 3. corrigible by the Kings Ecclesiastical Commission This resolution too is onely grounded upon matter of Fact and what man will warrant all the Facts of Kings not to be repugnant to the Laws of God and man Yet shall not these men in other things of much less moment allow the Kings Proclamations to be Legal nor any thing less then the Commons Law or Acts of Parliament The Abbot of Bury was exempted from Episcopal jurisdiction by the Kings Charter This is nothing neither but matter of Fact 20 Ed. 3. tit Excom 6. The King presenteth to a Benefice and his presentee was disturbed by one who had obtained Bulls from Rome for which offence he was condemned 21 Ed. 3. 40. fol. 40. to perpetual imprisonment c. Tythes arising out of any parish the King shall have for that he having the Supream Ecclesiastical jurisdiction is bound to provide a sufficient Pastor 22 Ed. 3. l. 1. Ass pl. 75. that shall have the cure of souls of that place which is not within any parish And by the common Laws of England it is evident that no man unless he be Ecclesiastical or have Ecclesiastical jurisdiction can have inheritance of Tithes The King shall present to his free chappels in default of the Dean by 27 Ed. 3. fol. 84. lapsin respect of his supream Ecclesiastical jurisdiction And Fitz Herbert saith that the King in that case does present by laps as Ordinary Fitz nat Br. 34. Au Excommunication under the Popes Bull is of no force to disable any man within England and no suit for any cause though spiritually rising in 30 Ed. 3. lib. Ass pl. 19 c. this Realm ought to be determined in the court of Rome In an Attachment upon a Prohibition the Popes Bull of Excommunication of the plaintiff was adjudged insufficient 21 Ed. 3. tit Excom 6. 33 Ed. 3. tit Agel de Roy. 38 Ass pl. 20. Reges sacro Oleo uncti sunt Spiritualis jurisdictionis capaces A Prior which is the Kings Debtor and ought to have Tithes of another spiritual person may chuse either to sue for substraction of his Tithes in the Ecclesiastical court or in the Exchequer Fitz Herbert in his N. B. fol. 30. holceth that before the St. 18 Ed. 3. Cap. 7. the right of Tithes were determinable at the temporal courts at the election of the party And the courts of divers Manors of the Kings and other Lords in antient times had the probate of last Wills and Testaments and it appeareth by 11 H. 7. fol. 12. That the probate of Wills and Testaments did not appertain to the Ecclesiastical courts but that of late time they were determinable there The King by his Charter did translate Canons secular into regular and 38 Lib. Ass pl. 22. 46 Ed. 3. Proem 6. religious persons Nicholas Moris elected Abbot of Waltham which was exempt from ordinary Jurisdiction sent to Rome to be confirmed by the Pope who not having regard to the said Election gave to the said Nicholas the said Abby with all the said Spiritualities and Temporalities the Bull was adjudged against the Laws of England and the Abbot for obtaining the same was fallen into the Kings mercy whereupon all his Possessions were seised into the Kings hands Where the Abbot of Westminster had a Prior and Covent who were Regular 49 Ed. 3. lib. ass pl. 8. and mort in Law yet the King by his Charter did divide that Corporation and made the Prior and Covent a distinct and capable body to sue and be sued by themselves It was Enacted by the whole Parliament That as well they who obtained St. de 25 Ed. 3. de Provisoribus provisions from Rome as they that put them in execution should be out of the Kings Protection and that a man might do with them as enemies to the King c.
It was afterwards in open Parliament by grievous complaint of all the St. 25. Ed. 3. Commons of this Realm shewed that the grievances and mischiefs aforesaid did daily abound to the great damage and destruction of this Realm more then ever before viz. that of late the Bishop of Rome by procurement of Clerks and otherwise had reserved and did reserve daily to his collation generally and especially as well Archbishopricks Abbeys and Priories as all other dignities and other benefices of England which were of the Advowry of people of the holy Church and gave the same to Aliens as well as to Citizens and taketh of all such benefices the first fruits and many other profits and a great part of the treasure of this Realm was carried away and dispended out of the Realm by the Purchasers of such graces and also by such privy reservations many Clerks advanced by the true Patrons which peaceably holden their advancements by long time were suddenly put out Wherefore the said Commons did pray the said Soveraign the King that since the right of the Crown of England and the Law of the said Realm was such that upon mischiefs and damages which hapned to this Realm he ought and was bound of the accord of his people therefore to provide remedy and Law c. The said King Ed. 3. seeing the mischiefs and damage aforesaid c. and forasmuch as he was bound by his Oath to see the same to be kept as a Law of this Realm though that by sufferance and negligence it had been sithence attempted to the contrary also having regard to the grievous complaints made to him by his people in divers his Parliaments holden heretofore willing to ordain remedy for the great damage and mischiefs which had hapned and daily did happen to the Church of England by the said cause by the assent of all the great men and the commonalty of the said Realm to the honor of God and profit of the said Church of England and of his Realm did order and establish that the free election of all Archbishops Bishops and all other dignities and benefices electory in England should hold from henceforth in the manner as they were granted by the Kings progenitors and founded by the ancestors of other Lords and that all Prelates and other people of the holy Church which had Advowsons of any benefices of the Kings gift or of any of his progenitors or of other Lords and Donors to do divine service and other charges thereof ordained should have their collations and presentments freely as they were enfeoffed by their donors and in case that reservation collation or provision be made by the Court of Rome of any Archbishoprick Bishoprick Dignity or other Benefice in disturbance of the election collation or presentments aforesaid That at the time of the avoidance that such reservations collations and provisions ought to take effect the said Ed. 3. and his heirs should have and enjoy for the same time collations to the Archbishopricks and other dignities elective which is of his Avowry such as his Progenitors had before that free election was granted since that the elections were first granted by the Kings progenitors upon a certain form and condition as to demand license of the King to chuse and after the election to have his Royal assent and not in other manner which condition not kept the King ought by reason to resort to his first nature Upon complaint made by the great men and commons it was assented St. 27 Ed. 3. and accorded by the King great men and commons aforesaid that all the people of the Kings Allegiance of what condition that they be which shall draw any out of the Realm in plea whereof the conusance pertaineth to the Kings Court or of things whereof Judgement were given in the Kings Court or which did sue in any other Court to defeat or impeach the Judgments given in the Kings Court should incur the danger of a Premunire Made to confirm the Acts made the 25. and 27. years of the said Kings Reign but those that made those good Laws against such capital offenders St. 28 Ed. 3. Cap. 1. 2. 3. 4. were cursed defamed and reproved by such as maintained the usurped jurisdiction of the Church of Rome against which an especial Act of Parliament was made by the King and his whole Realm prohibiting thereby such defamations and reproofs In the Reign of Richard the second Against an Incumbent of the Church of England another sueth a provision 12 Rich. 2. tit Jurisdict 18. in the Court of Rome and there pursueth until he recovereth the Church against the Incumbent and afterward brought an action of account against him as receiver of divers sums of money which in troath were the oblations and offerings which the Incumbent had received and the whole Court was of opinion against the Plaintiff and thereupon he became nonsuit It is declared by that Parliament that the Crown of England hath been St. 16 R. 2. Cap. 5. so free at all times that it hath been in subjection to no Realm but immediately subject to God and none other and that the same ought not in any thing touching the Regality of the same Crown be to the Bishop of Rome nor the Laws and Statutes of this Realm by him frustrated or defeated at his will to the perpetual destruction of the King his Soveraignty Crown and Regality and of all his Realm And the Commons in that Parliament affirmed that the things attempted by the Bishop of Rome be declared against the Kings Crown and his Regality used and approved in the time of all his Progenitors In the Reign of H. 4. H. 4. fol. 9 It is resolved that the Popes Collector though he hath the Popes Bull to that purpose hath no jurisdiction within this Realm and there the Archbishops and Bishops c. of this Realm are called the Kings spiritual Judges By the ancient Laws Ecclesiastical of this Realm no man could be convicted of Heresie being high-Treason against the Almighty but by the Archbishop Fitz. nat B. 269. Candries Case and all the Clergy of that Province and after abjured thereupon and after that newly convicted and condemned by the Clergy of that Province in the general councel of the convocation but the St. of 2 H. 4. Ca. 15. doth give the Bishop of the Dioces power to condemn a Heretick and that before that Statute he could not be committed to the secular power to be burnt until he had once abjured and was again relapsed to thar or some other Heresie whereby it appeareth that the King by the consent of Parliament directed the proceedings in the Court Ecclesiastical in case of Heresie and other matters more Spiritual Well but suppose the King did so it proves nothing for it is but matter of Fact But it does not appear neither that this direction of the King by consent of Parliament did direct the proceedings in the
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
St. 27 H. 8. cap. 15. Spiritual and sixteen Temporal to examine the Laws and Constitutions heretofore made according to the Statute of 25 H. 8. 9. But no Laws or Constitutions shall be made without the Kings assent nor contrary to the Kings Prerogative or the Laws of the Land If any person shall extoll the Authority of the Bishop of Rome he shall 28 H. 8. c. 10. incur the penalty of a Praemunire provided Anno 16 Ric. 2. Every Ecclesiastical and Lay-Officer shall be sworne to renounce the said Bishop and his Authority and to resist it to his power and to repute any Oath taken in maintenance of the said Bishop or his Authority to be void And the refusing of the said Oath to be Treason Makes all Bulls and Dispensations from the Bishop or See of Rome to 28 H. 8. c. 16. any of the Subject of this Realm void The King may nominate such number of Bishops Sees for Bishops 31 H. 8. c. 9. Cathedral Churches and endow them with such possessions as he will 1. If any person by word writing printing ciphering or otherwise do preach teach dispute or hold opinion That in the blessed Sacrament 31 H. 8. c. 14. called the Statute of the Six Articles of the Altar under form of bread and wine after the consecration thereof there is not really the natural body and blood of our Saviour Jesus Christ conceived of the Virgin Mary or that after the said consecration there remains any substance of bread or wine or any other substance but the substance of Christ God and man Or that in the flesh under the form of bread is not the very blood of Christ Or that with the blood under the form of wine is not the very flesh of Christ as well apart as though they were both together Or affirm the said Sacrament to be of other substance then is aforesaid Or deprave the said blessed Sacrament Then he shall be adjudged a Heretick and suffer death by burning and shall forfeit to the King all his lands tenements hereditaments goods and chattels as in case of High Treason 2. Or if any person preach in any Sermon or Collation openly made or teach in any Common School or Congregation or obstinately affirm or defend That the Communion of the blessed Sacrament in both kinds is necessary for the health of mans soul or ought to be administred in both kinds Or that it is necessary to be received by any person other then by Priests being at Mass and consecrating the same 3. Or that any man after the Order of Priesthood received may marry or contract matrimony 4. Or that any man or woman which advisedly hath vowed or professed or should vow or profess chastity or widowhood may marry or contract marriage 5. Or that Private Masses be not lawful or not laudable or should not be used or be not agreeable to the Laws of God 6. Or that Auricular confession is not expedient and necessary to be used in the Church of God He shall be adjudged suffer death and forfeit lands and goods as a Felon If any Priest or other man or woman which advisedly hath vowed chastity or widowhood do actually marry or contract matrimony with another Or any man which is or hath been a Priest do carnally use any woman to whom he is or hath been married or with whom he hath contracted matrimony or openly be conversant or familiar with any such woman both man and woman shall be adjudged Felons Commissions shall be awarded to the Bishop of the Diocese his Chancellor Commissary and others to enquire of the Heresies Felonies and offences aforesaid And also Justices of Peace in their Sessions and every Steward Under-Steward and Deputy of Steward in their Leets or Law-day by the oath of twelve men have authority to enquire of the Heresies Felonies and offences aforesaid See the 7. Chap. of B. Bramhalls Just Vindication of the Church of England where he endeavours to shew that not only the Emperor the King of France nay and the King of Spain have in effect done the same things with Henry the Eighth upon occasion or at least plead for it although for their interests they have not continued the exercise of their Jurisdiction as the Kings of England have done A short view or reflexion upon Henry the Eight and his Reformation How zealous a Defender of the Pope and See of Rome Henry the Eight K. H. 8. a zealous defender of the Pope and Papacy was in the beginning of his Reign is evident by his book written against Martin Luther For not being born Henry the seventh's eldest son his Father being a wondtrful frugal Prince and observing good natural parts in him bred him up in literature and destinated him to the Archbishoprick of Canterbury as being the cheapest and highest preferment he could give him But his elder brother being dead and after him his father The King esteeming it a great honor to imploy himself in so famous a controversie as was then maintained by the Wits of Christendom in defence and opposition of the Church of Rome wrote a book of the Seven Sacraments defending also the Papacy and oppugned the Doctrine of Luther This thing was so grateful to the Pope that Leo 10. honored him with the Title of Defender of the Faith But after he had been married to his brothers wife above twenty years and inflamed with lustful affection to Anne Bullein a Paragon and Minion From what cause the King became estranged from the Pope of the Court he became he said troubled in conscience for having married his brothers wife and therefore desired that the Pope would examine the case and satisfie his scruple of conscience It is a very remarkable thing that this ungodly Dispensation of Julius 2. for H. 8. his marrying with his brothers wife should be the cause of the King and Kingdoms defection from the Papacy under Clement 7. The Pope to satisfie the King gave the Cardinals Wolsey and Campeius a power Legatine to hear and determine the validity or invalidity of the marriage but the Queen refusing to submit to their determination appealed from them to the Pope The Pope had now a Wolf by the ears whom he could neither keep nor well let go For in pronouncing the marriage void he feared to incense Charls the Fifth being Nephew to Queen Katherine and the most potent Prince in Christendom and in confirming it he feared to lose Henry the then most beloved Son of the Church and great Defender of the Papacy not only in writing but also in joining with and assisting the French King Francis the First for freeing him from captivity being a prisoner under Charls The Pope therefore desires the advantage of time and proceeds slowly towards a determination The King as impatient in his desires expects a sentence from the Pope which not being to be had he procures Instruments from the Universities of Cambridge Oxford and Paris together
with the Opinion of Learned men That the marriage with his Brothers wife was contrary to the Law of God and void The King not expecting the Popes sentence anno 1533. marries his beloved Anne but such love is usually too hot to hold for about two years after he cut off her head yet the King did not wholly renounce the Papacy but still expecting the Popes sentence The Pope for the reasons aforesaid not desiring to end the business The slow proceedings of the Pope but to expect advantage from time reduces the matter into several points or heads which he would have particularly disputed and at the time of the Kings marriage with Anne was not got further then the article of Attentates in which the Pope gave sentence against the King that it was not lawful for him to put away his wife by his own authority without the Ecclesiastical Judge For which cause the King in the beginning of 1534. denied the Pope his obedience commanding his Subjects not to pay any money to Rome nor to pay the ordinary Peter-pence This infinitely troubled the Court of Rome and they daily consulted of a remedy Some thought to proceed against the King with censures and to interdict all Christian nations all commerce with England But the moderate counsel pleased best to temporise with him and to mediate a composition by the French King K. Francis accepted the charge and sent the Bishop of Paris to Rome to negotiate a Pacification with the Pope where they still proceeded in the cause gently and with resolution not to come to censures if the Emperor did not proceed first or at the same time with his forces They had divided the cause into twenty three articles and then they handled whether Prince Arthur had had carnal conjunction with Queen Katherine in this they spent time till Midlent was past when the 19. of March news came that a Libel was published in England against the Pope and the whole Court of Rome and besides a Comedy had been made in presence of the King and Court to the great disgrace and shame of the Pope and every Cardinal in particular For which cause all being inflamed with choler ran headlong to give sentence which was pronounced in the Consistory the 24. of the same month That the marriage between Henry and Katherine was good that he was bound to take her to wife and that in case he did not he should be excommunicated But the Pope was soon displeased with this precipitation For six days His rash censure repented of after the French Kings letters came That the King was content to accept the sentence concerning Attentates and to render obedience upon condition that the Cardinals whom he mistrusted should not meddle in the business and that persons not suspected should be sent to Cambray to take information â—and and the King had sent his Proctors before to assist in the Cause at Rome Wherefore the Pope went about to devise some pretence to suspend the precipitate sentence and again to set the cause on its feet But the King so soon as he had seen it said It was no matter for the Utterly loses the obedience of England Pope should be Bishop of Rome and himself sole Lord of his Kingdom And that he would do according to the antient manner of the Eastern church not leaving to be a good Christian nor suffering the Lutheran Heresie or any other to be brought into his Kingdom From that time forward Henry the Eighth of a zealous Assertor of the No anger lost between the King Pope Papacy both by pen and purse became the first and greatest Opposer of it of all the Western Christian Princes for the Eastern Christian Princes except sometimes the Emperors of Greece and the Kings of Holy Land did seldom or never submit to the Papacy in her Spirituals yet did he afterwards seed to be reconciled to the Pope even by means of his Nephew Charls the Fifth Nor were the Popes much behind hand with him For besides Clement's petty Excommunication Paul the Third Anno 1538. thundred out such a terrible Excommunication against him as the like was never heard of which deprived him of his kingdom and his adherents of whatsoever they possessed commanding his Subjects to deny him obedience and Strangers to have no commerce in the kingdom and all to take arms against and persecute both him and his followers granting them their states and goods for their prey and their persons for slaves But the Popes anger ended in words whereas the Kings deeds took place against the Pope But what there was in all the Kings reign which might be called Reformation What was the Kings Reformation I do not understand For whatsoever the King took from the Pope except Peter-pence he ascribed to himself If the Pope would be Head of the Catholique Church the King would be Head of the Church of England If the Pope challenged Annates and First-fruits of the Bishops and Clergy the King would do no less If the Pope did give Abbots and Priors power being Ecclesiastical persons to make divers Impropriations to their benefit the King will take a power to take them all away and convert them into Lay-fees and incorporate them so into particular mens estates that they shall never return to the Church more Nor had he any love or desire of Reformation of the Church but only to the Church-lands for all the Rites Ceremonies and Religion of the Church of Rome was continued and that with such bloody cruelty that a Stranger going over Smithfield one day and seeing two men there executed one for denying the Kings Headship of the Church and another for subscribing to the Six Articles cryed out Bone Deus quomodo hic agunt vivi hic suspenduntur Papistae ibi comburuntur Antipapistae And so zealous did he continue herein that Pope Paul the Third after he had fulminated so dreadfully against him Hist Conc-Trid fol. 90 proposed him for an Example to be imitated by Charls the Fifth Although such was the temper of this Prince that he never spared man The exclusion of the Papai jurisdiction was an act of the King Kingdom and Church of England in his rage woman in his lust nor any thing which might be called sacred in his avarice yet so absolute was he that his Divorce was attested by both the Universities at home besides that at Paris abroad his freeing himself and the Nation from the jurisdiction of the Pope was not only assented to by a Synod and Convocation of all the Clergy of England but the English and Irish Nobility did make their submissions by an Indenture to Sir Anthony Sellinger then chief Governor of Ireland wherein they did acknowledge King Henry to be their lawful Soveraign and confessed the Kings Supremacy Bram. Vind. of the Church of England p. 43. in all causes and utterly renounced the Pope But Divorce banishing the Papal authority
suffet imprisonment for six moneths without bail or mainprize And for the second offence shall suffer a years imprisonment and be deprived of all his spiritual promotions and for the third offence shall suffer imprisonment during life It was Enacted that the Justices of Oyer and Terminer and Justices of Assize should have power and authority in the open and general Sessions to hear and determin the offences committed against this Act yet so that every Archbishop and Bishop had liberty to joyn and associate himself to the said Justices of Oyer and Terminer or to the Justices of Assize All books called Antiphoners Missals Grails Portuasses Primers in Latine An. 3. 4. Ed. 6. Cap. 10. or in English and other books used for service in the Church saving such as are set forth by the Kings Authority shall be clearly abolished All Images graven painted or carved taken out of any Church or Chappel and the aforesaid books shall be defaced or openly burnt Such form and manner of making and consecrating of Archbishops and Anno 3 4. Ed. 6. Cap. 12. Bishops Priests and Deacons and other Ministers of the Church as by six Prelates and six other men of this Realm learned in the Law of God by the King to be appointed and assigned or by most of the number of them shall be devised for that purpose and set forth under the Great Seal before the first of April next coming shall be lawfully exercised and used and none other An Act for uniformity of Prayer and administration of the Sacraments An. 5. 6. Ed. 6. Cap. 1. in the English Tongue and that every person upon every Sunday and Holiday having no lawful cause to be absent do resort to his Parish-Church and they which refuse are to be punished by the censure of the Church and that all persons who shall be at any other common prayer or Sacraments shall for the first offence suffer Imprisonment for six moneths without bail or mainprise for the second Imprisonment during a whole year and for the third Imprisonment during life All the Sundays of the year the Feast of our Lord Jesus his Circumcision of the Epiphany of the Purification of the blessed Virgin of St. Matthew An. 5. 6. Ed. 6. Cap. 2. the Apostle of the Annunciation of the blessed Virgin of St. Mark the Evangelist of St. Philip and Jacob the Apostles of the Ascension of our Lord Jesus Christ of the Nativity of St. John the Baptist of St. Peter the Apostle of St. James the Apostle of St. Barthelomew the Apostle of St. Matthew the Apostle of St. Michael the Archangel of St. Luke the Evangelist of St. Simon and Jude the Apostles of All Saints of St. Andrew the Apostle of St. Thomas the Apostle of the Nativity of our Lord of St. Stephen the Martyr of St. John the Evangelist of the holy Innocents Munday and Tuesday in Easter-week Munday and Tuesday in Whitson-week are to be observed and kept for Holy days and none other And that every even or day next going before any of the aforesaid days of the Feasts of the Nativity of our Lord of Easter of the Ascension of our Lord Pentecost of the Purification of the Annunciation of the blessed Virgin of all Saints and of all the Feasts of the Apostles other then the Feasts of St. John the Evangelist and Philip and Jacob shall be kept for fasting days and none other Archbishops Bishops in their Dioces and all other having Ecclesiastical or Spiritual Jurisdiction may enquire of every person offending in the premises and punish every offender by censures of the Church and enjoyn him such penance as by the spiritual Judge shall be thought meet This Statute does not abrogate abstinence from flesh in Lent and Fridays and Saturdays or any day appointed to be kept by vertue of an Act made the second and third Ed. 6. Cap. 19. When any Holy day happens on the Munday the fast of that day shall be kept upon the Saturday immediately before and not upon the Sunday A view of the Reformation of Ed. 6. and of the lawfulness of it That the Book of commom Prayer Administration of the Sacraments The Reformation made by Ed. 6. was not meerly a civil sanction and other rites and ceremonies of the Church after the use of the Church of England was framed and composed by the Archbishop of Canterbury and certain of the most learned and discreet Bishops of the Land assembled to that purpose by the King is clearly expressed in the Preface to the Act of the 2. 3. Ed. 6. Cap. 1. The right that Christian Kings have to call and assemble Synods It is no new thing for Kings to assemble the Bishops and Church to redress and reform errors Councels and Convocations for the redress and reformation of errors and corruptions in the Church is properly the subject of another Treatise but that the Kings and supream Powers before Christianity under the old Law from Moses to Maccabees did always use it and that the first great Nicene Councel the second general Councel at Constantinople the third at Ephesus the fourth at Calcedon the fifth at Constantinople the sixth at Constantinople the seventh at Ephesus were all called by Christian Emperors is manifested by the Bishop of Winchester Andrews in the Sermon of the Right and Power of calling Assemblies nor were the general Councels convoked by Emperors but the Emperors and Kings did convoke and assemble Provincial and National Assemblies and Synods He shews that the Bishop of Syracuse in Sicily and Restitutus Bishop of London in Britain were summoned to a Synod in France by the Emperor Constantine ' Writ onely this was in the beginning of his Reign in the latter end of it in the thirtieth year of his Reign and the year before his death he called the Councel at Tyre and from thence removed it to Jerusalem and from thence called them to appear before himself at Constantinople After him Constans called one at Sardis Valentinian at Lampsacus Theodosius at Aquileia Gratian at Thessalonica Nay when the Emperors were professed Arrians even then did the Bishops acknowledge their power to call Councels came to them being called sued to them that they might be called came to them as Hosius to that of Arimine Liberius to that of Sirmium and that of Seleucia sued for them as Liberius to Constantius as Leo to Theodosius for the second Ephesine Councel Innocentius to Arcadius and sometime they sped as Leo and sometime not as Liberius and Innocentius and yet when they sped not they held themselves quiet and never presumed to draw themselves together of their own heads After the Empire fell in pieces and the Western Empire fell into the hands of Kings in Italy Theodoric called one at Rome Alaric at Agatha In France Clowis the first Christian King there called one at Orleans Childebert at Auvern Theodebert called another at Orleans and Cherebert at Toures And
after them Gunthramn Clowis Carloman and Pepin at Masscon first and second at Chalons That which is called Francia and that which is in Vernis Twenty of them at least in France In Spain by ten several Kings in two Councels at Braccara and in ten at Tolledo by the space of three hundred years together And how under what terms Peruse the Councel themselves their very acts spake Ex praecepto Imperio Jussu Sanctione Nutu Decreto Ex evocatione Dispositione Regis One saith Potestas permissa est nobis another facultas data est nobis a third Injunctu est nobis á rege and this for about eight hundred years after Christ Then arose another Empire here in the West under Charls the Great and he called six several Councils at Frankfort Arles Tours Chalons Mentz and Rhemes And what says he in them In that at Rhemes In conventu mere priscorum Imperatorum congregato à piissimo Domino nostro Carolo That he called that Convention by no other right then as the manner of the antient Emperors had been to do After him Ludovicus Pius Lotharius Ludovicus Balbus Carolus Calvus Carolus Crassus and Arnulphus at the several Councils of Aken Mentz Melden Wormes Colen and Tribur and so held it nine hundred years after Christ for about that year a year or two over or under was holden the Council at Tribur in Germany by the Emperors decree and himself President in it Nor are the Kings of England less absolute then either Emperors Kings of Spain or France And see B. Bramhalls Just Vindication of the Church of England cap. 7. how the Emperors Kings of France Spain and Portugal have by their own authority convened National and Provincial Councils which have not only determined without the Papal authority but very often in contradiction to it Nor are either the English or British Churches or ever were less free then the Gallicane the liberties whereof in the Chapter aforesaid are set down viz. 1. The Pope cannot command or ordain any thing directly or indirectly concerning any Temporal affairs within the Dominions of the King of France 2. The Spiritual authority and power of the Pope is not absolute in The priviledges of the Gallican Church France but limited and restrained to the canons and rules of the antient Councils of the Church and received in that Kingdom 3. No command whatsoever of the Pope can free the French Clergy from their obligation to obey the commands of their Soveraign 4. The most Christian King hath had power at all times according to the occurrence and exigence of affairs to assemble or cause to be assembled Synods Provincial or National and therein to treat not only of such things as concern the conservation of the Civil estate but also of such things as concern Ecclesiastical order and discipline in his own dominions and therein to make Rules Chapters Laws Ordinances and Pragmatique Sanctions in his own name and by his own authority Many of which have been received among the Decrees of the Catholique Church and some of them approved by General Councils 5. The Pope cannot send a Legate à latere into France with power to reform judge collate dispence or do such things accustomed to be specified in the autoritative Bull of his Legation except it be upon the desire or with the approbation of the most Christian King Neither can the said Legate execute his charge until he hath promised to the King in writing under his oath upon his holy Orders not to make use of his Legantine power in the Kings dominions longer then it shall please the King and that so soon as he shall be admonished of the Kings pleasure to forbid it he shall give it over And that whilst he doth use it shall be exercised conformable to the Kings will without attempting any thing to the prejudice of the Decrees of General Councils or the Liberties and Priviledges of the Gallicane Church and the Universities of France 6. The Commissions and Bulls of the Popes Legate are to be seen examined and approved by the Court of Parliament and to be registred and published with such cautions and modifications as that Court shall judge expedient for the good of the Kingdom and to be executed according to the said cautions and not otherwise 7. The Prelates of the French Church although commanded by the Pope for what cause soever it be may not depart out of the Kingdom without the Kings commandment or licence 8. The Pope cannot by himself or his delegates judge any thing which concerns the state preheminence or priviledges of the Crown of France nor any thing pertaining to it nor can there be any question or process about the state or pretensions of the King but in his Courts 9. Papal Bulls Citations Excommunications c. are not to be executed in France without the Kings command or permission and after permission only by the authority of the King and not by authority of the Pope to shun mixture and confusion of Jurisdictions 10. Neither the King nor his Realm nor his Officers can be excommunicated or interdicted by the Pope nor his Subjects absolved from their Oath of Allegiance 11. The Pope cannot impose Pensions in France upon any Benefices having cure of souls nor upon any others but according to the canons according to the express condition of resignation or ad redimendum vexationem 12. All Bulls and Missives which come from Rome to France are to be seen and visited to try if there be nothing in them prejudicial in any manner to the estate and liberties of the Church of France or to the Royal authority 13. It is lawful to appeal from the Pope to a future Council 14. Ecclefiastical persons may be convented judged and sentenced before a Secular Judge for the first grievous or enormous crime or for lesser offences after a Relapse which renders them incorrigible in the eye of the Law 15. All places of France are obliged to swear fealty to the King and to receive from him investitures for their fees and manors 16. The Courts of Parliament in case of Appeals as from abuse have right and power to declare null void and to revoke the Popes Bull and Excommunications and to forbid the execution of them when they are found contrary to Sacred Decrees the liberty of the French Church or the Prerogative Royal. 17. General Councils are above the Pope and may depose him and put another in his place and take cognisance of Appeals from the Pope 18. All Bishops have their power immediately from Christ not from the Pope and are equally successors of S. Peter and of the other Apostles and Vicars of Christ 19. Provisions Reservations Expective graces c. have no place in France 20. The Pope cannot exempt any Church Monastery or Ecclesiastical body from the jurisdiction of the Ordinary nor erect Bishopricks into Archbishopricks nor unite them nor divide them without the Kings licence 21. All those are not Hereticks
shall incur any forfeiture or losse for travelling or making appearance accordingly Every person so restrained as aforesaid shall be bound to yeeld their bodies to the Sherif of the County upon Proclamation in that behalfe made nor shall incurre any penalty for so doing If any person which shall offend against this Act shall before he be thereof convict come to some parish Church on some Sunday or Festivall day and then heare divine Service and at Service time or at the reading of the Gospell make open submission and declaration of his conformity to the Queenes Lawes as hereafter is declared that then every such offendor shall be cleerly discharged The forme of the submission is I A. B. doe humbly confesse and acknowledge That I have grievously offended God in contemning her Majesties godly and lawfull government and authority by absenting my selfe from Church and from hearing Divine Service contrary to the godly Lawes and Statutes of this Realm and am heartily sory for the same and doe acknowledg and testifie in my Conscience That the Bishop or See of Rome hath not or ought to have any power or authority over her Majesty or within any of her Majesties Dominions or Realmes And I do promise and Protest without dissimulation or any colour or meanes of dispensation That from henceforth I will from time to time obey and performe her Majesties Lawes and Statutes in repairing to Church and hearing Divine Service and doe my utmost endeavor to maintain and defend the same The Minister or Curate of every parish where such submission shall bee made shall presently cause the same to be entred into a booke to be kept in every Parish for that purpose and within ten dayes after shall certifie the same to the Bishop of the Diocess Every offendor that shall after such submission relapse and become Recusant in not repairing to Church to heare Divine service as aforesaid shall lose all benefit he might have enjoyed by such submission Every woman married shall be bound by every article branch and matter contained in this Act other then the branch or article of abjuration nor shall any woman married be compelled to make abjuration Of the Reformation made by Queen Elizabeth QUeen Mary dying upon the 17. Novemb. 1558. the same day both The Pope did reject the Queen before the Queen rejected the Pope Houses of Parliament without any contradiction did acknowledge and receive Elizabeth to be the true and undoubted Heir to the Crown of England and without delay with sound of Trumpet dissolved the Parliament for that being called by Queen Mary could have no being or continue after her death The Queen caused an account to be given of her assumption to the Pope who was Paulus Quartus with letters of Credence to Sir Edward Cerne who was Ambassador to her Sister and not departed from Rome But the Pope was so far from acknowledging her that he answered that that Kingdome viz. of England was held in Fee of the Apostolick See that she could not succeed being illegitimate that he could not contradict the Declaration of Clement the Seventh and Paul the Third that it was a great boldness to assume the name of Government without him that for this she deserved not to be heard in any thing yet being desirous to shew a fatherly affection if she will renounce her pretensions and refer her self wholly to his free disposition he will doe whatsoever may be done in the honor of the Apostolick See * And afterwards he commanded Sir Edward Hist conc Trint 411. Cerne who had continued Ambassador at Rome for Henry the Eighth Queen Mary and then for Queen Elizabeth to lay down his office of Ambassador that I may use his own very words sayes the Author by force of a Mandat made by Lively voice from the Oracle of our most Holy Lord the Pope by virtue of holy obedience and under pain of the greater Excommunication and also of losse of all his goods that he should not depart out of the City but undertake the Government of an Hospitall of the English * It is true Indeed that Pius 4. a man of much more moderate disposition Camb. Eliz. Keg Pag. 28. then his Predecessor did in the year 1560. by Letters sent by Vineentius Parpalia Abbot of St. Saviours to her full of humanity not only acknowledge her Queen of England and invited her to return into the bosome of the Church but also as the report went promised to recall the sentence pronounced against her Mothers Marriages as unjust to confirme the book of Comon-prayer in English by his authority and to permit the use of the Sacrament in both kinds to the People of England in case she will joyn her self to the Church of Rome and acknowledge the Primary of the Roman See * And afterwards in the year 1561. in Letters full of affection by Abbot Camb. Eliz. Reg. 58. 59. Martinego he invited her to the Councell of Trint Camb. Eliz. Reg. 68. 69. but matters were so far thrust off the hinges that not only Parpalia returned without any fruit but Martinego was denied access into England Not only the Arch-bishop of York but all the other Bishops except The Bishops except Carlile refuse to crown her Carlile did refuse to Crown the Queen both because she had been instructed in the Protestant Religion and because she had forbidden the Archbishop of York a little before he was to celebrate Divine service to elevate the Host for adoration and had suffered the Letany with the Epistles and Gospel to be used in the popular tongue It is no wonder therefore if the Parliament which happened immediately after and the Commons especially who once usually swayed only by passion and affection and much averse from the Religion of the Church of Rome did endue the Queen with such plentifull power as to make her supreme Governor the title of Head was waved in all causes as well Spirituall as Temporall This power the Queen well understanding what advantage would be How far the Queen did declare her Power in Ecclesiasticall matters made thereof by her adversaries did by Proclamation and after by her Injunctions declare that she took nothing upon her more then what anciently of right be longed to the Crown of England to wit that she had supreme power and jurisdiction under God over all sorts of people within the Kingdome of England whether they be Ecclesiasticall or Lay persons and that no forrein Power hath or ought to have any jurisdiction or authority over them Camb. Eliz. Reg. 39. 40. In the 37. Article of the Church of England she declares We give to How far the Church of England declares the Prerogative of Princes Our Princes that Prerogative which we see in holy Scripture alwayes given to all godly Princes by God himself to rule all estates and degrees of men committed to their charge by God whether they be Ecclesiasticall or Temporall and to restrain
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