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
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
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
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
any other way then by the established and received Laws of the Nation where mens vices and depraved manners do not require new ones I designe no more then to demonstrate that it was not your Majesties Father's and your own adherence to the established Laws but the iniquity of the times which made him a Victim and your Sacred self an Exile Nay in reason as well as justice it had been a most imprudent thing in either of your Majesties to have given up the Laws to the arbitrary lusts of your Adversaries or any one Faction For should either of your Majesties have indifferently renounced the Laws to your Adversaries being compounded of such different and contrary humors and affections then there was no visible means under Heaven to have cemented them and by consequence your Adversaries hostility and confusion continued and your own conditions no ways bettered or secured Or should either of your Majesties have renounced the Laws to have advanced any one Faction so above the rest and all your loyal Subjects that their arbitrary wills and lusts should have been the laws of all the rest and your other Subjects also yet should you not only have failed to have contented that Faction it being the nature of Faction never to bear any grateful acknowledgment for benefits received but on the contrary always abuse them to their prejudice from whom they received them and never rest until they have made themselves all and their Benefactors nothing at all or vile and miserable but have animated all the other Factions against your Majesties and it To the fulfilling of all singular and glorious Virtues in Your Sacred person is added Your being a Christian King and a Nursing Father of the Church of Christ and as if immediately sent from Heaven to cure and repair the wounds of this most miserably distracted Church although Your Majesty is descended from innumerable Royal Ancestors who have been Nursing Fathers of Christs Church yet are you not derived from any who have had the least hand in the late Sacrilege thereof And though Sir You are and ought to be a Nursing Father of Gods Church and a Patron and Defence against her ravenous and devouring Adversaries yet none of mortal men have been more Religious Sons of the Church then Your Majesty and Your Saintlike Father How unequal and how unjust then have been the sufferings of Princes so just so religious caused by Christians Your natural Subjects and these pretending Conscience whereas no School teaches men a better lesson of obedience to Princes then the Christian faith whenas the first principle or foundation of Subjects obedience to rightful Princes is founded in the Law of Nature however popular Orators and Atheists have against all sense reason nature and all authorities of sacred and profane History resolved it into the pacts and wills of men And conscience always supposes some superior law informing men to do or not do a thing or suffer when any subordinate power commands contrary to it whereas Your persecutors pretending concience trod underfoot whatsoever might be called sacred to the attaining their seditious and sacrilegious ends That God in his providence doth often permit the good and just to suffer persecution is evidently seen in all ages and places But in reason and prudence neither Your Majesties Father's nor Your own adherence to the established Government of the Church and the Rites Liturgy and Means thereof in Your adversities when they were so zealously persecuted by its and Your adversaries could be any cause thereof Neither would the desertion of it have any ways conduced to either of Your Majesties advantage for should either of Your Majesties have renounced the Church and rites thereof so as to have been a Christian King of such Miscreants who besides that they would not be of any Christian Church or society had by undue ways devoured the patrimony of the Church yet no man in his right wits could have imagined such men would long have been governed in peace or that all other men of their factions would have been content who had not made a prey thereof and there was not sufficient to content all nor indeed any at all or that the canine appetites of those men who had devoured the lands of the Church would not also have hungred after those of the Crown Or should Your Majesty have advanced any one Faction so above the rest that it should not only have tyrannized over the rest of the Factions but also Your Majesty and the rest of Your subjects yet could it not in reason have been expected that this Faction who by all Divine and Humane laws were subject to a Government founded upon our Saviour and his Apostles and by a continued series dispersed over the face of Christianity until of late it became violated in some places of Europe by seditious and sacrilegious men should so unjustly cast off their obedience so rightfully due and yet expect that their wills and lusts should long be received for Laws by the rest of the Factions and all other of their fellow-subjects But certainly Your constant adherence to the Church did proceed from the power and grace of God in You before any prudential or moral cause Notwithstanding that your Majesty is so constant a Preserver of Christs Church and Propagator of Christian religion and that your own conscience hath been so often attempted to be violated by men of none at all indeed yet so tender is your Maiesty of other mens that you will not force the conscience of any of your subjects pretending it A strange condescension any one will judge who considers the parties granting and expecting For should your Majesty command your Subjects any thing in derogation to the Majesty of God or forbid them the worship and service of God your Subjects might then justly plead conscience because the duty and allegiance which they owe to God is in the first place to be paid by all his creatures Or should your Majesty command any thing which were immoral or unjust as that your Subjects should dishonor your Majesty or their Parents c. they might justly plead conscience because that for Subjects to honor their King and children their Parents is founded in Nature and is a Law of God engraven in the minds of all mortal men or should your Majesty have lived in the Primeve times of Christianity when men by the light of Humane Nature apprehending a Deity to be publickly Worshipped and Served yet being ignorant of the manner misplaced it in Osyris Isis Iupiter Apollo an Oak c. then to have compelled them to have Worshipped God after the manner of Christians had been unconscionable and unchristian because they paid an acknowledgement of that Worship due to God by Nature and could not by Nature apprehend this but must wait upon God until that by the ordinary means of the Church or supernaturally inspired by God they should be converted thereunto Or should your Majesty command any thing
in derogation to Christian Faith or Religion they might plead Conscience because the Obedience they owe thereunto is superior to all Humane Laws But when as God is to be publickly Worshipped and your Majesty obeyed by the light of Humane Nature whenas he that heareth and obeyeth not the Church is to be accounted an Infidel and Heathen man and neither your Majesty nor Church enjoyning any thing contrary to the Law of Nature or Gods Will revealed in Scriptures but conformable to these for men your natural Subjects and Born and Baptized in a Christian Church in contradiction to all these to plead Liberty of Conscience to be Atheists Hypocrites and Schismaticks is such a monstrous Paradox as is not imaginable should proceed from reasonable creatures not aiming at some further mischief And when your Majesty shall with bleeding tears reflect upon the manners of these men thus pretending Liberty of Conscience you will finde them never to have made any conscience of Liberty their Manners no whit better then their Religion but as great enemies to Humane Society as Christian Religion For they no sooner upon pretence of Liberty of Conscience got licence of action but what followed Rapine Plunder Sequestration Sacriledge Regicidism and Murder upon the Estates of the Church Crown and the Sacred Person of your Royal Father and the principal members of Church and State who were your best and most Loyal and their Fellow-Subjects when as by the Law or Light of Nature no man ought to do that willingly to another which he would not have done to himself Nor is this humor only Topical or confined within the limits of your Dominion but wheresoever men would not pay the Duty they ought to God in the first Table they have never better perform'd that to their neighbor in the second although it hath not pleased God to permit them to attain such a degree of Impiety as here in your Majesties Dominions and your Majesty may believe it that the times are changed not these mens manners and dispositions to attempt the like again whensoever they get an opportunity however these things at present will be better cured by your Majesties Christian Patience and example then by your severe Execution of the established Laws against them yet if the Laborer be worthy of his Hire then is he who is Hired worthy to Labor and these men who pretending Conscience neglect or refuse to perform the Duties of the Church are utterly unworthy the Means of the Church Mans necessity is Gods oportunity It is Gods usual way in his Providence doubtless to manifest the greatness of his Power to us Mortals here below when mens extremities are at the highest then to relieve them having it may be the least reasons or hope to expect it and indeed what less then the power and grace of God in a Christian Prince so Religious so Just so Merciful and so descended at such a time could have cured the wide wounds of our miserable Church and distracted State D'avila reports of Coligny the Admiral of France that he would usually prefer himself before Caesar or Alexander because they acquired greatness by prosperous Fortune whereas notwithstanding that Fortune was always adverse to him he still rose more formidable and terrible to his adversaries Sure it is an admirable thing that after all the adversity of your Affairs God should without force or blood exalt your Sacred Head above the Storms and Waves of such Enemies who had neither Religion Law Justice or Reason but only force and blood in stead of and against these to maintain their Cause It cannot but be a consolation to any man in adversity rightly considering how God in the ordinary nature of things does afflict men who place happiness in things of this world and reward the afflictions of men especially who suffer for a good Conscience even in this world for no man placeing happiness in things here below can so enjoy them but necessarily a time will come when he shall say I take no pleasure in them and then it will be miserum fuisse beatum whereas other men who are afflicted and suffer persecution are no ways affrighted at the terrors of death but rather with joy expect happiness in another world after they shall be freed from the cares and troubles of this or if it pleases God to free them from their afflictions here then they truly convert miserum fuisse beatum into beatum fuisse miserum Besides your Majesties individual happiness in making so right construction of your precedent affections and the advantages you have acquired by your severe education therein your Subjects like men who have been long sick will better learn to esteem health from their many sufferings in your absence will for the future learn to set a truer estimation upon your Prosperity and Presence And may the God of Peace the God of Mercy and the God of Justice so Crown the antecedent adverse fortune of You Sir the most Peaceable the most Merciful Just and best of Princes that being as Good and Just as Trajan and as Devout and Religious as Constantine the Great or Theodosius the first you may be of your Subjects as beloved as was Augustus and the Arbitrator of Christendom as well as Defender of the Christian Faith And when this your Diadem shall descend to your next Heir you may then assume a Celestial one which shall never be subject to time variation or chance Which is and always shall be the daily Payer of SIR Your most Devoted and most Obedient Subject ROGER COKE OBSERVATIONS UPON Mr THO WHITE 's GROUNDS OF Obedience Government Mr HOBBS his BOOK De Cive AND UPON HVGO GROTIVS De Jure Belli Pacis Prematur nunquam Opprimitur veritas Nulla res magis operae pretium est sive ad utilitatem fructuosior sive ad animi voluptatem jucundior esse potest quà m Justitia quâ quidem post Deum Immortalem rerum omnium Publicarum Fundamenta nituntur Corruptio verò optimi est pessima By ROGER COKE LONDON Printed by T. N. for G. Bedel and T. Collins at the Middle-Temple Gate 1660. TO THE READER I Have often with great admiration considered in my self how that all men good and bad rich and poor noble and ignoble have with one voice commended Virtue and decried Vice and yet scarce any man in a thousand hath made Virtue the rule or reason of his actions Nor is it a thing less worth admiration to consider how that all men generally have not only a natural spight against their Superiors and are unwilling to obey them but also a propense desire to attain to Liberty and do tread under foot all things which may be called sacred to the attaining thereof and yet at no time or place in the world did ever men accomplish it I did therefore conclude with my self that not only all Moral Virtue but Humane Society did proceed from higher then any humane or voluntary causes
be esteemed as the greatest goddess and that the greatest power ought to be ascribed to her overcoming and triumphing over all the oppositions of Men and verisimilitudes Nor can any reason be given that Polybius Livy Plutarch c. did either write such Histories or that such Histories written by them were truer then those which are lost and rejected by Men but only a kind of divine ayre informing Men of their truth whereas those books which are falsely and factiously written are exploded and neglected in a very short time and yet whether they were truly or falsely written few or no Men can judge from any thing known to the outward sence I say few or no Man can so judge of them for in that time when they were written there were many more false and factious Historians to delude Men then true and just to inform them Nor can Men in subsequent generations from any thing in their outward sences judge or discern whether any thing they record be true or false Nay further no Historian except Caesar and Xenophon and some very few others who recorded infinitely more things not known then known to them to be true did ever know whether what he recorded were true or not To evidence this yet more fully there was scarcely except Caesars Xenophons ever any History truly written in those times wherein the things were done that men might take information from their outward senses but Men were so carried by Faction or Interest that in recording of things they record things not as true or false but as advancing their Faction and Interest whereas Men in the subsequent generation not having those Passions and Appetitions nor any sense of these things subjecting all their Passions and Affections as it were assisted by a divine Election do make Election of those things which are true and reject others which the Malice or Faction of Men had imposed upon the World And a Man is as certain that there have been such Men as Caesar Hanibal Alexander c. and as assured of their Actions as if he had seen them 46. Since all things which proceed from God immediately and for Faith is an extraordinary Gift of God which no reason can be given by any Creature may be justly required for principles by intellectual and reasonable Creatures and since the Scriptures proceed immediately from God or they could not be the Word of God are therefore the principles of Faith And since there is nothing within man naturally which may assure him that those things revealed in Scripture were Gods Revelation it does necessarily follow That Faith or the Belief of God in the Scriptures is Gods gift supernaturally and extraordinarily Nor can all the Arguments of Tradition Church Excellency of stile Truth c. move one stone to the proof of them For they were the Word of God before any Church or Tradition c. was And if they had not been the Word of God before the Church received them and delivered them to posterity their Reception and Tradition could never have made them so Besides the Church having its being from the Scriptures it can never prove the cause of its being And what was it less then the power and grace of God extraordinarily given to Moses That the Bush burned and was not consumed And of all the miracles done by him and the other Prophets and more then those done by our Saviour and the Apostles and blessed Martyrs since And that by the Preaching of a few Fishermen against all the Temporal Powers in the World Christianity should be propagated generally over the face of the Earth and that I without any thing in me or desert of mine am baptised into this Faith And he that shall dispute the truth of the grace and power of God in the Old and New Testament and since recorded in Ecclesiastical and Prophane History ought as much to be confuted with clubs and hissing as he that denies or disputes his Principles in any Art or Science 47. All Principles are true or false just or unjust good or bad either All Principles are prime and necessary either necessitate absoluta or necessitate medii necessitate absoluta or necessitate medii Principles that are true or false necessitate absoluta are so that they are immutable by God himself as that two and two added should not make four or that things equal to the same thing should not be equal to one another or that any being should be superior to the cause of its being or that contradictions should be true or else true or false good or bad just or unjust necessitate ex hypothesi And these though they are necessary and principles to those to whom they are given and immutable by them yet are they not principles and necessary to them who made and gave them As the Laws of Nature and Gods revealing himself in the Scriptures are principles necessary and immutable by all the Men in the World yet are they not principles necessary or immutable by God but he might if it had pleased him made something else the Law of Nature or otherwise revealed himself in the Scriptures So Humane Laws must be prime necessary and immutable by Subjects or their conforming or not conforming their actions to them could not be just or unjust But they cannot be prime and necessary or immutable by the Legislator but as he sees occasion may alter or make something else which was not before Laws for the Subjects to conform and direct their actions to It is therefore absurd and wilde to suppose that the Law of Nature is Annotat. simply necessary and immutable by God or that the will of Men can make it mutable 48. All Science all Learning all Reasoning and all Conclusions by Contra negantes Principia non est disputandum the Authority of Aristotle is begotten from pre-existent principles for which no reason can be given by the Learner which being granted do nemonstrate the Conclusion but by the Authority of Aristotle and all Philosophers no Science or Conclusion can demonstrate the Principles Where therefore either by a defect in the Understanding Men cannot or by a stubbornness in the Will they will not apprehend Principles there all Reasoning Learning or Discourse is at an end If therefore I would learn a Man Geometry and he either cannot or will not apprehend the Axioms or common Notions of it it is impossible I should ever make him understand the constitution of an equilateral Triangle Or if a Man denies the Laws of my Countrey I cannot teach him whether such an action be just or unjust Or if a Man denies the Law of Nature I cannot prove that he ought to honor and obey his Superior and to deal justly and uprightly with all Men Or if a Man denies or disputes the Authority of the Scriptures there cannot be any Conclusion or Inference from them whether as Christians any thing ought to be or not to be done or believed
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
Democracy of Sedition and the causes of it Of the Fathers Husbands Masters and Ecclesiastical Power The Third Book treats of Subjection Succession and the Municipal Laws of this Nation The Fourth Book treats of Justice Obedience Judgment and Equity The Fifth Book treats of the first Planting of Christianity under the British and Saxon Kings and of the Freedom of the British and English Churches before the Conquest and how far the Kings of England had exercised their Ecclesiastical Jurisdiction and how both British and Saxon Kings had been Nursing-Fathers to the Church of Christ and how far since the Conquest the Kings of England had exercised their Jurisdiction in the Assertion of their Regal Power in defence of the Church until Henry the 8th and of the Reformation made by Hen. 8. Edw. 6. Queen Elizabeth and of the Ecclesiastical Laws made by them Queen Mary King James and King Charls A more particular Survey of the Contents of the First Book Chap. I. THe First Chapter not onely treats of those Rights which must necessarily precede all Humane and Ecclesiastical Laws but also of those Rights which are created by Humane Laws Chap. II. Treats of Divine Humane Ecclesiastical and Despotical Laws and from whence they are derived Chap. III. Shews what Virtue is and the causes of all Theological Moral Humane Prudential and Personal Virtues Chap. IV. Treats of Particular Moral Virtues and Chap. V. Proves them to be commanded by God in the old and New Testament Chap. VI. Demonstrates the Obligation of Divine and Humane Laws upon the Persons and Consciences of Men. Chap. VII Is of Promises Vows Leagues Pacts or Contracts and Gifts and from whence Men become obliged to them and does demonstrate that it is impossible that any Law or Legislative Right can arise from the Pacts or Contracts of Men which concludes the First Book DEFINITIONS JUs is a Right Due or Property in God principally and absolutely or in some Jus quid Man or Men by some Divine or Humane Law excluding all others but him or them from whom it is derived First All Right is either Jus Divinum or Naturale and this Right is The Specifications of it onely primely and absolutely in God and incommunicable to any Creature Or Secondly Jus Humanum is a Right which Men have from the Law of Nature Or Thirdly Jus Ecclesiasticum a Right by which the Tribe of Levi did under the Old Law exercise their Priestly Office and Function and a Right by which Bishops Priests and Deacons among Christians do execute their Office and Functions Or Fourthly Jus Legale a Right which all Subjects have in their Estates and Goods And this Right is either Jus Proprietatis or Jus Usufructuarium 2. Nature is either that eternal Being which ever was in God which Men What is Nature call Natura Naturans Or that first Being which is in any Creature superior to the Will of any Creature and created onely by God and this Nature Men call Natura Naturaliter the depraved sinful Nature of Man was not originally created by God but afterward made by Man 3. Jus Naturae Naturantis is that Right which must necessarily precede What is Jus Naturae Naturantis What is Jus Naturae Naturaliter and create Lex Naturae 4. Jus Naturae Naturaliter is that Right which is created by the Law of Nature but because this Right is proper to Man onely we will call this Right a Humane Right As also that Power which is created by the Law of Nature although it be Natural Naturaliter yet being proper to Man we call it Humane Power 5. A Law is the declared Will of him who by right commands forbids or What is a Law permits athing together with a penalty annext for not observance Lex dicitur à ligando quia obligat says Isidore rightly Etymologie of Lex Common Notions or Axioms 1. ALL Right which any Man or company of Men have is derived either from the Law of Nature or some Divine Positive Law declared in the Scriptures or from some Humane Law or particular Custom which is always presumed to be created or permitted by Humane Laws 2. Humane Laws and Customs refer to some particular place or Countrey as they are permitted or imposed by the supream Power of that place or Countrey viz. By them who have right to impose or permit them 3. The Laws of Nature oblige all Men of all conditions alike without exception and are eternal and immutable by Man and are and always were connatural with all Men. 4. No Being can precede or be superior to the cause of its Being 5. All Causes are superior and precede their Effects THE FIRST BOOK CHAP. I. De Juribus 1. LEx Humana lata has by the second Notion no being Jus Humanum Legislativum is not from any Humane Law but as it is caused or created by him who has the Jus Legislativum Lex Humana lata therefore cannot by the Fifth Notion create Jus Legislativum 2. If Jus Humanum Legislativum were from Jus Humanum Legislativum is not created by Divine positive institution Divine positive institution then by the Fifth Notion must the Scriptures precede all Legislative Right but this is evidently repugnant not only to the Scriptures themselves who testifie not only the Right which Fathers and Husband have over their Children and Kings over their Subjects long before God revealed them by Moses but also this Lawgiving Right is in every place of the world whether the Scriptures be received or beleeved or not It is evident therefore that this Law-giving Right is not created from Gods positive Laws in the Scriptures 3. Jus Humanum Legislativum is not by the first Proposition from Jus Humanum Legislativum is from the Law of nature immediately any Humane Law by the second Proposition Jus Humanum Legislativum is not from Divine positive Laws Therefore by the first Notion Jus Humanum Legislativum is from the Law of Nature 4. By the third Notion the Laws of Nature are and alwaies were connatural Jus Ecclesiasticum is not from the Law of nature with Men but the Right which God gave the Priests under the old Law and to Bishops Priests and Deacons under the new Law hapned long since Men were borne in the world and therefore the Ecclesiastical Right of Bishops and Priests is not from the Law of Nature 5. If Humane Laws could create the Right of Ecclesiasticks then by Nor from any humane law the 2. Notion he who may by right create Humane laws might also create this Ecclesiastical right But this is evidently false for all Kings Fathers and Husbands have a right of creating Humane laws but none have the right of creating the Ghostly right by which Ecclesiasticks exercise their function or office This right therefore is not created by any Humane law 6. By the 4. Propos Ecclesiastical right is not from the
4. All Divine Laws are created and derived from that divine and From whence all Divine Laws are derived eternal Right which was inseparably in God before any such Laws were created by him 5. Humane Laws are threefold viz. Secular Temporal or Civil such are the Laws of every Country or Gamacal viz. the Laws of the How manifold are Humane Laws Husband or Paternal viz. the Laws of Parents to their Children 6. All Humane Laws are derived from that Right or Power which From whence derived the Law of Nature creates in supream Powers Husbands and Parents 7. They are called Humane Laws because they are made by Men Why called Humane Laws who by the Law of Nature have a Right to make or create them 8. All Ecclesiastical Laws are derived from that Right or Power From whence Ecclesiastical Laws are derived which by divine positive institution our Saviour Christ left to his Church to continue untill his second coming again 9. Ecclesiastical Laws are so called because they only relate to the discipline of the Church and worship and service of God Why so called 10. Despotical Laws are derived from the Right or Power Despotical Laws from whence derived which every Master of a Family hath over his Servants which Right or Power is created by Secular or Temporal Laws of the place where the Family is 11. Two things must necessarily precede every Law or it hath no What must precede every Law Obligation viz. the Legislative Right and the Declaration of it So that Jus divinum is one thing and Lex divina another and Jus naturale is one thing and Lex naturae another And so is Jus Humanum and Lex Humana and Jus Ecclesiasticum and Lex Ecclesiastica And he that will confound these things cannot possibly ever write clearly upon the subject 12. Humane and Despotical Laws are vindicative or oblige to corporal What Laws are vindicative punishment in this world 13. Only Humane Secular Temporal or Civil Laws are distributive and create property among Men in their Estates What Laws are distributive 14. Neither Divine nor Ecclesiastical Laws are vindicative but oblige in Conscience only What Laws are neither distributive nor vindicative * How Men come to be punished Temporally for not observing Ecclesiastical Laws 15. Although Ecclesiastical Laws as we shall prove in the next chap. bind in Conscience only and therefore cannot impose any Corporal mulct or punishment yet the Secular Laws do as if a Man be excommunicated he shall have no advantage or relief in any plea by the Common Law a Lit. vil sect 201. and by the Common Statute Law whoso is adjudged an Heretick or Blasphemer shall be burnt yet neither Common Law nor Statute Law take cognisance of either Excommnication Heresy or Blasphemy before the Statute of the 2 H. 5. 7. In curia Christianitatis id est Ecclesiae in qua servantur leges Christi cum tamen in foro Regio servantur Leges mundi saies Linwood who saies moreover b Com. Stat. de circumspecte agatis That the Probate of Wills and Testaments de consuetudine Angliae not de jure communi belong to the Court-Christian But whether Linwood saies true or not Hen. 8. began by the Statute Law to encroach upon the Rights of the Church and by confounding the jurisdictions both of Church and State making himself head of both has opened such a gap to let in all Schisme and dissention that the Common-Lawyers and Statute-Laws have upon the matter devoured all Church-rites and power nor are either the Common or Statute-Laws now in much more esteem then the Ecclesiastical Nor is it less then a Divine judgment upon those men who have so extravagantly attributed both powers to be in the King Between Supreme Head and Supreme Governor I understand no difference for if the Supreme Governor hath not supreme power or right of command then necessarily must such a Governor be an Usurper or unjust Invader in words only but indeed in their practice have denied him the exercise of the one or the other power and ascribed them both to themselves and Courts subordinate to the King That these men I say should be themselves and all the Courts in as little esteem as Ecclesiastical Rites and Constitutions and the King God knows upon what account for no colour of pretence was ever yet so much as reasonably pretended violently restrained from the exercise of any either Ecclesiastical or Civil power among us Here do not I admit of Mr. Hobbs his division of Civil Laws into Sacred Annot. and Secular Did ever man before hear of Sacred Civil Laws Sacred Laws are those Civil Laws he says which belong to Religion that is Cap. 14. art 5. the Ceremonies and Service of God and are called Ecclesiastical Secular Laws are those he says which are wont to be called Civil by a general name For though Ecclesiastical Laws be made by Men and therefore not Sacred as he says yet is the power by which they are made from Divine positive institution and therefore cannot have any right or power from Civil or Secular sanctions which at highest cannot amount to more then Humane 16. A Law differs from Counsel as my Understanding differs from How a Law differs from Counsel my Will my Will is that which imperates all my actions my Understanding informs my Will whether the doing or not not doing such an act be good or bad just or unjust reasonable or unreasonable A Law is the declared will of him who by right commands Counsel the reason advice or discourse of them to whom he who by right commands refers any thing to be debated who are usually called the Council whether the willing or passing such a thing into a Law will be probably convenient or inconvenient either to him or his Subjects CHAP. III. Of Virtue 1. THat Virtue is not always placed in a mean between two extremes Introduction Virtue is not fited always in a mean between two extremes and those extremes to be Vices according to the opinion of the antient Philosophers I do subscribe to Mr. Hobbs cap. 3. art 32. de Cive And that from the reason he there gives viz. that Fortitude in a good cause is a virtue although it be in the extreme Nor does quantity in giving be it much little or indifferent make Virtue but the cause of giving To these may be added Gratitude and Patience Justice and Obedience which are not placed between any extremes But if I assent to Mr. Hobbs in this I cannot less dissent from him where cap. 3. he makes Virtues to be the Laws of Nature and cap. 2. art 1. the Law of Nature to be the Dictate of Right reason For 2. Virtue is the doing or forbearing any action as it is dictated by What is Virtue Right reason from the Law of a Superior or from some Notion known to
accounted Abrahams faith St. James 2. 23. That he would have offered up Isaac though by the law of nature Abraham should have preserved his sonne and so God ceased the motion of the Sun and Moon upon Joshua's prayer Jos 10. 12. And caused the same to go retrogade ten degrees upon the prayer of Hezekias and Isaiah 2 Kings 20. 11. It is true that nothing less then that power which made a Law can alter it the Laws therefore of God whether positive or natural have an eternal and immutable obligation upon all the men in the world but whatsoever power may make a Law that power may alter it Divine Laws therefore whether positive or natural cannot have any obligation upon God but he may alter them when he pleases CHAP. VI. The Obligation of Divine and Humane Laws upon the Consciences and Persons of Men. 1. COnscience comes of con and scio to know together with reason Conscience or some law Conscientia est animi quaedam ratio lex quâ de recte factis secus admonemur Conscience is a certain reason or law of the Mind whereby we are well or ill advised of our deeds The laws therefore of Man may not only be violated by doing contrary to them but by consenting to them As he which does contrary to that he thinks though the doing of the thing be just yet 't is unjustly done by him for whatsoever is not of faith is sin Rom. 14. 23. 2. The affirmative precepts of God they do semper obligare yet they The obligation of the laws of God do not oblige ad semper As when he commands us to pray continually it is not to be expected a man should be always in the act of prayer but so to live as he does nothing which may indispose him from praying But Gods negative precepts do not only always oblige but oblige ad semper too for there is no time at all wherein it is lawful for a man to kill to steal to commit adultery c. Deut. 5. 17 18 19 20 21. negative in all instances 3. Ecclesiastical laws do oblige in Conscience If thy brother shall neglect Ecclesiastical laws oblige in conscience to hear thee tell it to the Church but if he neglect to hear the Church let him be to thee as a heathen man or Publican Mat. 18. 17. And the Scribes and Pharises sit in Moses chair all therefore whatsoever they bid you observe and do but do not after their works for they say and do not Mat. 23. 2 3. If then by the law of our Saviour the Jews were to observe and do whatsoever the Scribes and Pharises commanded them because they sate in Moses seat sure with as much or much more reason ought Christians to observe and do whatsoever the Church which our Saviour Christ himself hath planted doth command them 4. My kingdom is not of this world Joh. 18. 36. God sent not his Son In conscience only into the world to judge the world but that by him he might save the world Joh. 3. 17. And O man who has made me a Judge or divider amongst you If then our Saviours kingdom were not of this world if God sent not his Son to judge the world and if our Saviour were not a Judge among men then cannot the Church of Christ have any power from Christ in the kingdoms of the world nor to judge the world nor to be a Judge or divider among men 5. Ecclesiastical laws according to the usage and custom of England To what things Ecclesiastical laws have reference relate to Blasphemy Apostacie from Christianity Heresies Schisms Holy Orders Admissions Institution of Clerks Celebration of Divine Service Rights of Matrimony Divorces general Bastardy Subtraction and Right of Tythes Oblations Obventions Dilapidations Excommunication Reparation of Churches Probate of Testaments Administrations and Accounts upon the same Simony Incests Fornications Adulteries Sollicitation of Chastity Pensions Procurations Appeals in Ecclesiastical cases Commutation of Penance which are determined by Ecclesiastical Judges 6. So that there is a mixt Conusance in the Ecclesiastical Judicature All things determinable by Ecclesiastical Judges are not meerly spiritual viz. of things meerly Spiritual by which they are impowered to judge and take conusance of and that by no humane power but only as they are impowered and sent by our Saviour and are only his Ministers viz. the taking conusance of Blasphemy Excommunication Heresie Holy Orders Celebration of Divine Service c. And this Ghostly power the Church and Ecclesiastical persons had before ever Temporal powers received the Gospel of Christ or were converted to Christianity And also after it pleased God that Nations and Kingdoms were converted to Christianity and that Kings did become nursing fathers and Queens nursing mothers Isa 49. 23. to Gods Church then did Kings cherish and defend Gods Church and endued it with many Priviledges and Immunities which ere while was persecuted by them or other Powers but yet could not these Immunities or Priviledges divest them of that Ghostly power which our Saviour by divine institution gave his Church It is true no question but that originally not only all Bishopricks and their bounds and the division of all Parishes and the conusance the Church hath of Tythes of Probate of Wills of granting of Letters of Administration and Accounts upon the same the right of Institution and Induction and the erection of all Ecclesiastical Courts c. were all originally of the Kings foundation and donation and that to him only by all divine and humane laws belongs the care and preservation of all his Subjects none excepted in all causes And therefore not only all those things which relate to the extern peace and quiet of the Church although exercised by Ecclesiastical persons but all those priviledges and immunities which the Church or Churchmen have in a Church planted which the Primitive Christians and Apostles had not in the persecution of the Church when planting are originally Grants of Kings and Supreme Powers and so Temporal or Secular Laws but in regard they accidentally have reference to the Church and are exercised by Ecclesiastical persons they are not improperly called the Kings Ecclesiastical Laws And sure either ignorance of this or faction hath made men run into two contrary extremes one That Kings have no right to their Crowns but in ordine ad bonum spirituale and so cannot be Kings or That all power and jurisdiction in all causes is from the King and so cannot there be any such thing as Christian faith Religion or any Ghostly power left by our Saviour with his Church to continue to the end of the world which every Christian man de fide ought to believe and submit to before any Temporal Law or Power in the world Object But beeause Ecclesiastical laws have not infallibility affixed to them if they command any thing repugnant to Divine laws do they then oblige Answer No for God
must be reduceable to some one certain principle or they are irregular or commotions If then Christian Princes have not a right of calling Assemblies but others as well as they then must it either necessarily follow that Christian Princes have not power sufficient to govern and protect their Subjects and that their Subjects motions cannot be regular and orderly but confounded and irregular and so the law of nature and the end for which God ordained Princes inverted For my part I will not dispute the Power of God in the planting of the Church either under the old or new Law how that he did dispence with the actions and motions of his People and Ministers and set Father against Son c. and that to make his Power known he would plant his Church notwithstanding all Temporal Powers whatsoever but this I do affirm that God after the deliverance of the Israelites out of Egypt did give to Moses only this right of calling Assemblies as appears clearly by Numb 10. 2. for only to him is the charge of making the Trumpets to call the congregation together It is true that vers 8. the sons of Aaron shall blow with their Trumpets but neither Aaron nor the Priests had any Power to make them but only Moses they must therefore have them from him and be his Instruments and this Power was given to Moses as the supreme Magistrate and not as High Priest for Aaron was then High Priest being before consecrated Levit. 8. Nor was this Right given personally to Moses but as a Law to last for ever If any allegation be made against Moses because he was a Priest it must cease with Ioshua and the Kings after him who were none for Ioshua by virtue of this ever lasting Law did call an Assembly of all the Tribes and therefore of Levi to Sichem and vers 28. dissolved it After him did David Joshua 24. 18. 1 Chro. 15. 4. 11. call the High Priest and other Priests not to consult of any secular affair but about the removing the Ark and afterward 1 Chron. 23. 2. he gathered together all the Lords of Israel with the Priests and Levites and as he called them together so his dismissed them 1 Chron. 16. 43. The like did Solomon when the Temple was dedicated called the Assembly 2 Chron 5. 2. dissolved it cap. 7. 10. The like did Asa when Religion was restored and a solemn Oath of association for the restoring of it Jehosophat did it when 1 Chro. 15. 2 King 10. 20. 2 Chro. 34. 29 30. 2 Chro. 29. he proclaimed a publick Fast 2 Chron. 20. 3. Jehu assembled them when a solemn Sacrifice was to be performed Joash in a case of Dilapidations Josias when the Temple was to be purified and a mass of superstition to be removed Hezekiah made a law for the Priests and all their brethren to assemble and in conformity to that law they did assemble nor was this v. 15. Assembly for any other thing then to cleanse the house of God and for the affairs of the service of God being things meerly spiritual And since that God hath promised that Kings shall be nursing fathers and Queens nursing mothers to his Church it must be meant of Christian Kings for this could not be of Josias because he was a King at the time of this prophecy or before it could not therefore be meant of him for the prophecy is de futuro Kings shall be c. Nor could it be meant of the Kings of Judah after him for they were all Idolaters and persecutors of Gods Church It was therefore meant of Christian Kings And how Kings can be Kings or Supreme powers without this right I do not understand Nor can that saying of our Saviour's causing of wars and distraction be otherwise reasonably understood but only where Kings and Supreme powers have not received the Faith And that Christian Kings did generally exercise this power after they became Christians we shall shew hereafter 10. He is a rightful Supreme Governor who is a Sword-bearer that is Who is arightful Supreme Governor whom God hath chosen to be his Minister who hath not taken the sword excited thereunto neither from any ambitious or spightful passion or affection either of himself or other men That may make and abrogate Laws determine all Controversies by himself or such Judges as he shall appoint choose Magistrates and Councellors and in whom is the power of making War and Peace Nor did God give Kings to them only over whom he did reign by Covenant but also to Heathens who had not known him as to the Persians Syrians Assyrians c. he gave Cyrus Hazael Nebuchadnezzar c. And all antique History speaks only of the Government by Kings as Justin says Principio rerum gentium nationumque imperium penes Reges erat before any other Government was usurped and made by Men. 11. He is a Tyrant who is a Sword-taker who in stead of executing Who is a Tyrant the wrath of God upon offenders against all Law kills and murders them who are not of his own faction who hath no power from God but only force from the wills of inconstant and seditious men As Hos 8. 4. says They have set up Kings but not by me they have made Princes and I knew it not Nor is it the Command of One which makes Tyranny The Grecians themselves called the Council of the Thirty after the Athenians were subdued by the Lacedemonians the Thirty Tyrants of Athens I am confident there was never any thing so wildly and variously Annot. 1. ghessed at as the manner how Dominion and Power came into the world by those men who derive all power from the People originally Bodin cap. 6. de Rep. p. 46. makes all Dominion to be gotten at first by force and pag. 46. d. he says It is very like that without greatest force and breaking down the Laws of Nature Liberty could not be taken away And many men will not distinguish between Force and Power but only in the possession And sure Athaliah was as much possessed of the Crown of Judah and as quietly as any King before or after her for six years and yet I do not find Jehojadah or the people reprehended for restoring Joash And the children of Israel did not rebel while they could quietly place 2 Chro. 13. 7. Jeroboam over them but Jeroboam was declared a Rebel after he was possessed 12. When they over whom God hath given power shall submit themselves What is a rightful Government to that power this is a rightful Government When all who owe their subjection shall accept and receive the Laws of him who by Right that is by Birth Revelation Lot First possession or just Conquest ought to command As the Children of Israel answered Joshua All that thou commandest we will do and whithersoever thou sendest we will go According as we hearkened unto Moses in all things so will we
Temporal Dominions and therefore may punish disturbers of the peace of the Church as well as the State Yet when the Temporal Magistrate shall arrogate to himself a power which our Saviour only left to his Church and make all Ecclesiastical rights and constitutions depending and subordinate to the Civil whereby the Enemies of our Church have taxed our Religion not for Christian but Parliamentary no doubt but it is a crying sin and I wish there had never been any such thing among us 19. And as God is to be obeyed before men in all things which concern Or the Laws of Nature Faith and Religion so in the observance of the Laws of Nature is God to be obeyed before men As if a King commands me to dishonor my parents this can be but a Humane law but to honor my parents is a law which God hath written in my heart and therefore ought to be preferred If a King commands his Subjects to dishonor him or to deny obedience to him this is but a Humane law whereas by the law of Nature I ought to honor and obey my King I therefore ought not to obey such a law Amurath the Second of that name King of the Turks upon a Vow resigned his Kingdom to his son Mahomet yet upon the League made by Uladislaus King of Pole and Hungary with other Christian Princes against him he resumed his Regal authority and so kept it until his death And so might Charls the Fifth if he had pleased nor was Philip any other then an Instrument of his Fathers during his Fathers life The King makes a Law giving the succession of the Crown from the right Heir This ought not to be received for Princes inherit by a higher Law then Humane 20. The King commands a Judge to pervert Judgment the Judge Or to pervert Judgment ought to give true Judgment for all Humane Laws in peaceable times ought to be â priori and proclaimed that all men after such a time should observe them This verbal command of the King wanting this formality and it being impossible for the Judge to observe both these commands he ought notwithstanding this verbal command to give Judgment according to Law The King when there is no necessity or publick danger commands me Quaere who am no publick Executioner without any Judicial sentence to put a man to death for which he can make no compensation As Davids commanding Joab to murder Uriah although we find David only reprehended and punished therefore yet sure if Joab had not fulfilled Davids wicked command he had not sinned But you may object Who shall judge whether this thing commanded be repugnant to Gods Majesty Mans faith Religion or the Law of Nature the King or the Subject I say though the Subject hath not an equal right of judging with the King whether this thing should be a Law or not yet every Subject hath a Conscience as well as the King which must dictate Whether Kings divest themselves of Regality by commanding what they ought not to him whether he ought to do or not to do such a thing 21. But if the King commands things contrary to Gods Majesty and Divine Laws ought he not to be obeyed in those things which do not contradict them It is so mad and wild an objection as it is scarce worth an answering unless a man will affirm that my doing of an act which I ought not to have done does divest me of Humane nature or that a Fathers or Masters commanding his Son or Servant what he ought not doth annihilate the relations of Father and Son Master and Servant or that Humane acts may dissolve Humane relations A Prince therefore ought to be obeyed in those things which he ought to command as Prince although he command such things as he ought not 22. It may be it will be objected That Temporal punishments being Though inflicting punishment for not observance the usual concomitants for not observing Humane Laws a good and conscientious man may be punished for what he ought not to have done I say his case is the same with his Lords and Saviours and all those blessed and glorious primitive Christians and Martyrs who suffered for the testimony of a good conscience Nor hath God made Heaven so easie a prize that it should be always won easily and delicately but many times by suffering and martyrdom 23. It is the most usual thing with seditious men before they enter Whether Princes ought to be resisted where they are not to be obeyed into open sedition to prepare mens mindes with certain Cases wherein Princes commanding things derogatory to Gods Honor or the Subjects Liberty that then in the preservation of themselves and Gods honor they ought to defend themselves from the raging Tyrannie of Princes and to be sure that whatsoever they command these good men will judge contrary to Gods Honor and the Liberty of the Subject It is worth the while if a mans patience will give him leave to look back upon the thing calling it self Parliament how after they had made the King grant whatsoever they could think might be beneficial to the Subjects though I might be sworne they never intended as plainly appeared afterward the good benefit or liberty of the Subject what pious ways they invented to make themselves great and so good a Prince nothing and odious to his Subjects As the demanding of six men holding intelligence with his Subjects who had been in open hostility and rebellion against him an affront not to be endured by any King to an ordinary and Legal Trial this was not only denied but Voted a Breach of the Priviledge of Parliament whenas the Priviledge of Parliament extends not to so much as breach of the Peace much less to Treason They pretend though most falsly that in case of extreme danger and necessity the Militia is in the Parliament meaning themselves excluding the King And then create Dangers and write Letters how great Fleets of Danes Swedes Hollanders c. were seen at Sea It must be from Westminster then for there were the Letters written and the Fleets never since heard of Then permit if not command the most insufferable affronts and indignities that ever were offered to Majesty yet if the King but offers to increase his Guard this is Voted no less then a raising of War against his Parliament and Subjects whilst all the while against the Lex consuetudo Parliamenti Inst par 4. 14. without any cause moving them they maintain an illegal Rout of men for their Guard and go armed themselves Nay what needs a man instance particulars All the Kings commands in prosecution of the Laws were Voted breaches of the Priviledges of Parliament and the Liberties of the Subject We will therefore shew that this Assertion is not only contrary to all Faith in both Testaments but also destructive to all Humane Society 24. There is no man sure will deny but
done in Church is against conscience no minding of what is their duty all their talk is judging their superiors and this buzzed into the heads of light and inconstant men begets all the talk of the Country and is beleeved with the same Faith they beleeve the Gospel or their Creed and if Authority shall endeavor to suppress the further growth of such seditious practice by punishing the Authors it will be deemed by the well-affected no less then an invasion upon the liberty of the subject and persecution of the Gospel 6. If Lex lata had any obligation upon the Legislator then were the Creature subject to the Creator and the Father obliged to what he commands That supream Princes are obliged by their own Laws is a seditious opinion his Son and the Master to what he bids his Servant and God to what he commands Man which is absurd nor is it less absurd that the supreme power should be obliged by the Laws given to Subjects They who assert that supream Princes are obliged by their own Laws should do well to make their Children shooes and cloathes to serve them when they are men For as mens vices and manners vary so must humane Laws But men neither consider themselves nor Princes in asserting this For Princes are in a more vile condition then the poorest man not to have the freedom of will and they themselves are left to the rigor of the Law without hope of mercy How can any man accuse Hen. 7. for his rigid exacting the penal laws when by this opinion he had not power to remit any thing of them And why do men tax H. 8. for a cruel man and a Tyrant because he put so many men to death for not acknowledging his headship of the Church the not subscribing the six Articles c. if he were obliged by his own Laws Nay they do not allow Queen Mary a power to releive any Protestant given over to the secular power by Bishop Bonner From this very opinion sprang all the miseries for these last 18 years Scots had liberty to invade us but the King was obliged by his own Laws not to relieve his oppressed and afflicted Subjects This was that which gave the Turks first entrance into Christendom for while the wrangling Grecians not content with their rightful Emperors place usurpers in their rooms who to gratifie them again and to strengthen themselves against the right heirs care not what they grant their well-affected Subjects which so weakned the power of the Grecians that contesting with their Emperors about their liberties and priviledges which their usurping Emperors had granted them and neglecting their common and at first despised enemies the Turks they were all overcome in a short time by a handful of men obedient to their Prince And what private man can assume to himself the knowledge of good and evil that is ascribe to himself a power over his Superior by judging whether he hath transgressed the Law or not And let any man shew that ever our Parliaments as they call themselves Councils of State or Safety were ever obliged by their own Laws and I will submit that rightful Princes are obliged by their own Laws 7. There is nothing more to be wished in this world then that the That supreme power may be moderated Will of them which command might be moderated and restrained to Reason as that Kings Fathers and Masters should never exact any thing of their Subjects Children and Servants but what were reasonable But it is impossible that the Supreme power can be moderated unless it be divided or subject to the Moderators It is therefore a seditious opinion That Supreme power may be moderated 8. All right that any Creature hath to any thing is either from the That any man has any thing proper against the Supreme power Law of Nature or from some Humane Law but no Subject can have Praedium directum cujus nullus author est nisi Deus Sir E. Co. Com. Lit. pag. 1. b. qui dominium non habet dominus non est And he that holds of none is Lord of all which no Subject can be It is therefore a seditious opinion That any Subject hath any thing proper against his Soveraign 9. There has not any thing for more then this last Century caused so That the people may reform where Princes will not much dissention and bloodshed among Christians to the shame of Christianity as the specious pretence of Reformation The Turk either restrained by God or not willing to be an Enemy to Mankind hath been only a spectator not actor in this Tragedy The end doth sanctifie the means was a doctrine generally received among these Reformers if the end were Reformation it was no matter by what means it was brought to pass Hence it was that every where in the Western world men disposed to sedition made Reformation their pretence No Prince must use his power to restrain them if he do Calvin gives them a lesson Abdicant se potestate terreni Comment on Dan. 6. 21. Principes dum insurgunt contra Deum immo indigni sunt qui censeantur in hominum numero potius ergo oportet conspuere in illorum capita quam illis parere ubi sic proterviunt ut velint spoliare Deum jure suo Earthly Princes do divest themselves of power when they set themselves against God yea they are not worthy to be accounted in the number of men Men ought therefore rather to spit upon their heads then obey them where they deal so saucily as if they would spoil God by their right And Luther Ab omnibus hominum legibus exempti sumus libertate nobis Christiana per Lib. de captiv Babil de baptismo baptismum donata We are freed from all Laws of Men liberty being given us by Baptism Et scio nullam rempublicam feliciter legibus administrari I know there is no Commonwealth happily governed by Laws And Turpe enim est iniquiter servile Christianum hominem qui liber est aliis Cap. de matrimonio quam coelestibus divinis subjectum esse legibus It is a filthy and unjust servile thing that a Christian man which is free should be subject to any Cap. de sacrord but Heavenly and Divine laws And whether these mens followers have not well practised their Lectures wheresoever they have been tolerated either in Germany Bohemia Austria Upper and Lower Hungaria Transilvania Sweden France England Scotland Low-Countries Geneva c. let any man who hath read the Combustions of Christendom judge and the Anabaptists and all other Sects may from their principles justifie all their actions 10. There is nothing more manifestly commanded by God in the That temporal good follows in order to spiritual Old and New Testament then obedience to Temporal Princes yet there is nothing more endeavored to the shame of Christians then by pretence of Religion to usher in Rebellion By
of the Times which brought so great a calamity upon himself his Queen and Posterity 18. If there be any happiness in this world or the world to come which Resuming any thing granted to Subjects may be hoped for by any man no question but it is to be attained by Justice and Obedience and Justice and Obedience is in receiving and doing the Commands of our Superiors nor can any one be a just or obedient man in any thing wherein he makes not his Superior that is God Church King Father Mother or Master the reason or rule of it Yet there is nothing more desired and pretended by ignorant and seditious men then liberty And wherein do they place this liberty but in weakening the power of him to whom they owe their subjection And the more any Prince grants to his Subjects the more liberty the Subjects ascribe to themselves and the less power to their Soveraign and will rather be devoured by forein Enemies then endure that their true Prince shall infringe their liberties by resuming any thing granted them although it be for their necessary defence and preservation 19. Government is endangered either by intestine broils which are Granting priviledges to particular places causes sedition raised by factious and seditious men or forein war and Princes ought to be more careful to preserve their Subjects in general from intestine then forein war For besides that civil wars are more dangerous to the Crown then forein so intestine wars always end in loss of subjects in general whereas by forein wars much benefit may arise to King and subjects And there is nothing so much desired and that can so much conduce to the suppression of factions and seditions as the equal and due administration of the same Laws to Subjects in general But in vain shall Princes endeavor to suppress factions and seditions when they make them by making so many Factions as they make Corporations For who does not see what an antipathy there is between the Country-Justices and the Magistrates as they call them of Corporations where they agree not in aliquo tertio that is in some mischief plainly in advantage of the Corporation And let any man shew one Corporation of an hundred which hath not used the Priviledges granted them by Princes to the dissolving of that Power which granted them their Priviledges Ecclesiasticus says That without Handicrafts men and Tradesmen Cap. 38. 32 33. a City cannot be inhabited but they shall never sit in the place of Judicature And indeed what thing can there be more abhorrent then that men who by fraud and unjust gains have gotten much money should therefore sit in Judicature and judge and condemn poor men to death for small offences in comparison of theirs and different only in this that the one committed their offences fraudulently and covertly and the other forcibly and violently 20. As in mens natural bodies well-ordered action is much conducing Long peace disposeth men to sedition to the preservation of health and overmuch ease and sloth the original of many distempers which cannot be recovered without bloodletting and physick so in the bodies of Kingdoms and Empires a well-ordered Militia constantly kept in action conduceth much to the preservation of a Nation whereas sloth and neglecting military discipline makes a Nation not only unfit and unweildy to defend it self against its outward Enemies but also contracts infinite Civil distempers within it self all tending to a Civil war Well therefore might Cato Major in his great wisdom cry out in open Senate That soldiers and men of war were to be still busied in arms far from home for that in so doing all should go well with the State and the glory thereof increase And the Romans always judged an external war the most requisite and necessary remedy to prevent an intestine And no doubt but this is See Bod. de rep lib. 5. 563. at this day the Politick reason of the long wars which France makes against Spain rather then any fear or hatred of the Nations one to another It is therefore a miserable condition in which Princes are without Gods great and special favor to them that either they must maintain a forein war and so become accountable to God for all the blood which shall be spilt if unjustly undertaken or else by long peace and ease dispose their own subjects to the ruining and destroying of one another It is said of Q. Eliz. that she would never consent to the total subversion of Dunkirk lest that by a careless neglect of providing for themselves the Seamen should be forgetful and unfitting for Naval warfare And Scipio African would not give his consent to the utter subversion of Carthage lest that the Romans Carthage being destroyed should not find another Nation which might keep the Roman Valor exercised and so by its own unactivity and sloth it should degenerate and be dissolved Besides the excellencies of Military discipline not but that any thing may be abused by which Nations are protected from Foreign enemies not only Religion Justice Peace Learning c. are internally preserved it also makes men industrious and active in busines valiant in dangers temperate in their desires and to be wary and prudent in their actions It is indeed an admirable thing to consider how the most wise greatest and best God hath attempered all things Not only that all things are differing if not contrary to one another but also hath made and placed all Nations so enemies one to one another that he may by the help of one revenge the injury and injustice which is done by another that so from fear of danger all might be kept within the bounds of their duty Hence it was that God said I will henceforth not cast out before me one man of the nations which Josuah left when he died that through them I may prove Judg. 2. 21 22. 3. 1. Israel whether they will keep the way of the Lord and walk therein as their forefathers did or not And these are the nations which the Lord left that he might prove Israel 21. There is nothing more establisheth a Throne than Judgment Selling of places of Judicature causeth sedition which is giving sentence according to Law but he that buyes the place must needs sell judgment or else he will be a looser by it And what can more dispose Subjects to seditions and to seek for judgment and right in an extraordinary way then that they cannot hope for it from corrupt Judges Well therefore said King Jugurth when he departed from Rome Vade venalis civitas mox peritura si emptorem inveneris Besides who will fear to violate Laws and endeavor to raise sedition if he may hope to buy off his punishment which should deter him from it by corrupting the Judge 22. Though no man hath any thing proper against him who hath supreme Imposing and raising Taxes disposes to sedition power and
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
might not be aliened or made worse by the Possessor yet so that she left a gap open for herself and her Favorites to prey upon it which was after shut by King James and with great care secured by King Charls All this while grew up a Faction in Church and State which became the ruine of both For not only in the Church the Publique Liturgy Communion or Religion was vilified and defamed but the Governors reviled with all opprobrious names of Tyrannical Antichristian c. It is true the Majesty of the King was not so openly reviled yet was it insensibly daily undermined by them in which they were much assisted by a company of half-headed Lawyers who in all Assemblies distilled this doctrine into ignorant men That the Law was above the King and that they had Property against him in their estates and goods Whereby not only Citizens and Great places became generally inclined to this new doctrine of the Teachers and Lawyers but the Country-Gentleman thought himself independent from the King both in his life and estate the Yeoman cared not for the Gentleman and as little regarded the King so that the veneration of the Royal Name became every day more contemptible and despised all honor and reverence due to the King Church was converted unto these Patriots of their Countries Liberty and New Lights Nor could the Church relieve the Crown although the Governors were well-affected towards it being by all the Faction more hated than the King became despised until in the end the chief Governors both of Church and State not only became Victims to the rage and lust of seditious men but the Revenues of both a prey to their avarice And now what is left for this miserable Nation to expect having forfeited all Piety and Allegiance to Gods Church and his Anointed but after all this consumption of the Blood and Publique and Private Revenue of the Nation and having lost all Reputation and Commerce abroad for the future to be Turk-like governed by armed and hungry Soldiers without any probable hope of Redemption Object It may be it will be here objected That though poor and contemptible Princes be rarely long obeyed especially where their Subjects are opulent yet had the Church never so great veneration both for power and piety as when in the Primitive times it was poor whereas afterward when it became rich and mighty it did degenerate into many vices and heresies and lost much of estimation and piety which it had in its poverty Answ I grant that God did by his grace and power originally by a company of poor men and Fishermen against all the greatness of worldly power miraculously plant a Church and that those poor men sent by God were supernaturally inspired by his grace which not their poverty was the cause of their piety and sanctity and that they were so highly honored by primitive Christians yet sure when God hath supernaturally planted his Church it cannot be in reason expected he should preserve it always by miracle And sure those are very ungrateful men not to contribute ordinary means for the preservation of what God hath extraordinarily planted Nor is there any thing more vain then to imagine that men are better for being poor or that according to the ordinary course of things they will not be by men in general esteemed vile and contemptible who are so Nil habet infaelix paupertas durius in se Juveual Quâm quod ridiculos homines facit CHAP. VI. Of the Fathers power 1. UNumquodque resolvitur in id ex quo componitur Dust shall return to the Introduction earth as it was and the Spirit to God who gave it Eccle. 12. 7. It is not the good will and pleasure of the All-prepotent God that only the individuals of one age should see the greatness of his Majesty and power therefore he was pleased to create man as well as other Creatures in this inferior or be in a * If Adam had not been created in a Mortal State the Sacrament of the Tree of life had been a vain institution mortal state yet he endewed him generativa facultate that though he does dye in his person yet he should live in his posterity and as one generation passeth away so another commeth but the earth abideth for ever Eccle. 1. 4. 2. There is nothing more evident then that in perfect Creatures of The power of Parents alike over their Children which man is the most perfect that God is the prime and efficient cause or God working by naturall causes the Sun is the efficient cause and Male and Female the Instrumental Sol per hominem generat hominem See Harvey de generatione Animalium Cap. 33. Man and Woman therefore being the means whereby God does renew the species of Mankind and all Creatures having power over themselves in all things wherein they are not restrained by some natural or humane Law and every Child being alike part of either of his Parents the Power of Father and Mother is alike over their Children and so by consequence the subjection and obedience of every Child is alike due to Father and Mother And to honor thy Father and thy Mother is the First precept of the second Table of the Decalogue 3. Man and Wife being but one person and the Husband being the Why in Matrimony the power is in the Father head of the Wife and the Wife being in the power of the Husband the Husband hath the power and command as well of the Children as of the Mother yet the piety and observance of Children to their Mother is as much due as to their Father 4. Grotius cap. 5. art 2. de jure belli pacis out of Arist pol. 1. cap ult Grotius his opinion of the Fathers power eth 5. cap. 10. distinguisheth the Fathers power over Children into three times viz. 1. The time of their imperfect judgment 2. The time of their perfect judgment 3. The time when they are out of the Fathers family In the first all the actions of the Children are under the command of the Parents In the second time whenas judgment is matured by age and are of the family they are subject as part of the family In the third when he is matured by age and out of the family the Son is in all things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of his own right Yet he says and truly parag 5. The Fathers power so follows the Fathers person that it can never be pulled off nor transferred to any other for the Fathers power arising from generation is due to him by the Law of Nature and so always the same if not aliened by the act of God And therefore * Confuted Quando Ubi make no alteration in the Fathers power for it is the same when the Son is an Infant and when adult when he is part of the family and when not 5. Where the Law of Nature gives a
power which God hath given Fathers and Husbands by the law of Nature 7. The Husband being the head of the Wife she is in all respects of law The Wife has nothing proper against her Husband deemed civiliter mortua nor can take or purchase any thing during the coverture but whatsoever is given to the Wife is ex facto the Husbands Yet Marriage being a Sacrament by the institution of our Saviour and Ephes 5. 25 32. a Mystery of Christ and his Church and so the cognisance thereof due to the Ecclesiastical power the Church upon the penalty of Ecclesiastical censure may compell the Husband to allow his Wife Alimony if without sufficient cause he shall refuse to cohabit with her 8. If Poligamy had not been lawful before our Saviour Christs time Poligamy was lawful before our Saviour then had our Saviour been illegitimate being descended of Bathsheba when David had many other wives Nor can the argument drawn from the necessity of propagating Mankind take place when David reigned for there never was in so small a Continent so great a number of people as the Israelites were when David reigned as appears by the Number which Joab took and for which David was punished with so great a pestilence If it were before the divine law of our Saviour lawful every where for Annot. Men to have many Wives I do wonder why Mr. Hobbs cap. 17. art 8. de Cive says That our Saviour made no laws but the institution of the Sacraments which are Baptism and the Eucharist And if Matrimony be a Civil institution as he affirms then Poligamy is lawful for all Christians who are in subjection to the Turks c. where by the Temporal laws it is permitted and the Kingdom of Congo rejected Christianity for no other reason but because they were not allowed plurality of wives which Mr. Hobbs could easily have dispenced with I do challenge Mr. Hobbs to shew any one instance where ever in the Christian world before all things ran riot here in England since 1642. the Temporal power took cognisance of Marriage 9. Matrimony is the act of two free persons viz. neither precontracted What Matrimony is nor married nor within the degrees prohibited by God Levit. 18. of different sexes capable of performing the end of marriage mutually taking one another for Husband and Wife I N. take thee D. to be my wedded Wife I D. take thee N. to be my wedded Husband But this must be done publiquely and Banns of both parts publiquely pronounced three Holidays or a Licence procured from the Ordinary for dispensation with all the rites and solemnities injoined by the Church or else the Church takes no cognisance of it 10. Where the Matrimony is subsequent to the allegation there the Whether Matrimony be dissolvible Vinculum is dissoluble As if one man marries another mans Wife or a Husband his Wife living marries another or if the parties contracting or marrying be within the degrees forbidden by God or if either party were Lev 18. precontracted or frigid these necessarily preceding the Matrimony do dissolve the bond But where the matter or allegation is subsequent to the Matrimony there the bond of Matrimony cannot be dissolved but only a Divorce upon just cause is grantable to separate the Complainant à mensa à thoro The reason why in this latter case the Matrimony cannot be dissolved is because Marriage being an institution of God it is in the cause superior to any Humane law or act and so by consequence cannot by them be dissolved And indeed in proper speaking where the Matrimony is subsequent it is rather not done then dissolvible the persons marrying being personae incapaces for such an action 11. The Holy Ghost Ephes 5. 25 c. shews the duty of Husbands The duty of Fathers and Husbands And Cato though no lover of women did think it sacrilege in the Husband to strike his wife Plut. vita Caton cens No question the right and careful education of Children is the onely means by which Parents may hope to have any comfort of them here or hereafter for Train a child in the way when he is young and he will not depart from it when he is old says the Preacher Nor can Parents expect to have their Children virtuous if they be vitious themselves for with what face can any Father condemn his Child for any thing which he allows in himself Besides there is nothing ill which naturally Youth doth not more suddenly apprehend then Men therefore Maxima debetur puero reverentia si quid Juveval Turpe paras And ill habits are soon gotten by Children if they be not carefully observed and restrained and hardly if possibly left when they are Men. CHAP. VIII Of Domestical power 1. THere are three sorts of Families either by Affinity or Alliance How many sorts of Families there be or by Consanguinity or a Legal or Houshold-Family Of such a Family and of its Cause and Jurisdiction we shall in this ensuing Chapter treat 2. A Family is not the cohabitation of divers persons in one house A legal family is not the cohabitation of divers persons in the same house for then Inmates and Travellers c. were subject to the power of the Master and Host Besides subjection cannot be where it depends upon the will of the Subject when he will he may choose whether he will obey But it is evident that Inmates and Travellers may when they will cease their subjection by leaving of the house 3. A Family is contained in the mutual offices of commanding and What a legal family is obeying of several persons under one head in the same house And the same head may be of divers Families as when a Master keeps servants in two or more different houses 4. A Family may consist of Paterfamilias who is Father and Husband Of what persons a family in the largest sense is compounded and the head or commanding part of the family of Wife Children and Servants who are the obeying part of the family or of the Mistress of the family who commands and of Children and Servants who obey 5. But because a Family may consist where as parts of the Family In the more proper sense there is neither Father nor Mother Husband nor Wife nor Children A Family is properly where several Servants obey the same Master or Mistress in the same house 6. Servants are twofold either voluntarily serving with their consent Of Servants first given such as are those servants who for such wages serve their Masters for such a terme or where they serve whether they give consent or not as where men are slaves or apprentices The power which the head of the family has over his Servants is called potestas herilis or despotica the Masters or Mistresses power We speak first of Masters power over Servants serving for wages 7. It is impossible that any
derived from this begging the question is false Indeed Mr. Hobbs is no question a man of most exquisite parts and learning and possibly might have a peaceable intention in making the Civitas the Judge of all matters of faith as well as manners But sure many things in his generation of it can never consist as his making Jus and Lex contrary one to another his making the Legislator to depend upon the Citizen for without his consent and proper pact either express or understood the Legislative right can be conferred upon none And yet he says Wherefore doest Cap. 12. art 3. thou call him Tyrant whom God hath made King His making the Civitas to receive all power from the pacts and wills of men and making the Civitas Head of the Church and Judge of Faith makes the power of the Church and all Faith to be a thing invented and to receive their beginnings from the wills and pacts of men then which what can be more destructive to Faith and Religion But for our Author Tho. White Gent. he is not worthy the name of a learned rational nor honest man 13. Slaves are born or made so Slaves born are the children of such Slaves as were so Slaves made so happen two ways For being condemned for some crime committed against some humane Law and therefore by the Condemned persons Law condemned to it Where the Law condemns it is the will of the Supreme power which condemns and therefore not the will of the Slave that makes it so I deny therefore that where the Law does not make Slavery any man can make himself a slave to another nor can any man use another as a Slave where he is not made so by Law Or else Slaves are Prisoners taken in War There is no man will affirm Prisoners by War the taking of another man prisoner gives the taker a power over the others life for then all men falling into the hands of Thieves and Pirates the Thieves and Pirates have a power over their lives and so commit no murder in putting them to death But Slaves from being made Prisoners is when there is competition between two Supreme powers and they give their Subjects power over all their Enemies which they shall take Prisoners It is not therefore the taking of another Prisoner which gives a man power over anothers life but a precedent humane Law which gives this power over those Enemies which any Subject shall take Prisoner and sure no man was ever taken Prisoner by an act of his will It is false therefore that Bodin says That a man may make himself a Slave of his own accord lib. 1. c. 5. p. 31. de repub a man may as well offer violence or kill himself and that a man bought for a price of Thieves and Pirates is a Slave to the Buyer for he is not made so by any humane law Nor can any act of force ever give another any power nor can any continuance of time make any thing good which originally was not so and therefore if all commands were originally from force as he affirms then are no commands now any better and so no difference Pag. 46. de rep between the commands of Thieves and Pirates and of Fathers and Kings Although a man lawfully taken prisoner by another be in his power Slavery moderated so as it is in the Takers power to have taken away his life and so an act of grace in granting it yet the Law which originally gave this power may moderate it as here in England the Law hath restrained the Lord from killing or maiming his Vilain Slaves have nothing proper against their Master 14. Apprentices are when the Father or Mother do oblige a Child Apprentices for such a term to serve such a Master and this act is binding because by the Law of Nature the Father hath an absolute power over his Children But because of the impotencie of Children who cannot by reason of their youth and want of art and experience do any thing which may at first compensate their diet and clothes if the poverty or negligence of parents be such that they cannot or will not procure a Master for their Children and where Children are Orphans they may be bound and compelled to serve Apprentiships in such manner as is prescribed by the publique humane Laws of the place 15. Neither naturalis nor delegata potestas can be communicated nor What power is alienable aliened But acquisita potestas as the power of Masters over their servants and slaves may be sold aliened or otherwise given away And therefore Guardian in Chivalry may give or sell to another the Guardianship of his Ward but Guardian in Socage cannot for his is delegata potestas 16. The Master of every family deriving his power from the humane The Masters power restrained to humane laws Caveat laws of every place his power is restrained to the laws of that place therefore ought he not to command his servant any thing which is against the laws of the place When I say by humane laws such a thing is to be done or not done I always except those laws which God did give to the Israelites and peculiar only to them when he pleased immediately to reign over them which laws did supply those humane laws by which his Vicegerents do procure peace among us CHAP. IX Of Ecclesiastical power THat there is a GOD who is the Author of all good past present By the light of nature God is to be worshiped and to come and that He is to be worshiped and adored not only for the present past and future blessings in this world but also in hope of eternal happiness in the world to come is so naturally ingraffed into the minds of all men that not scarce one man compos mentis in an That there is a God and this God to be worshiped and served is innate in the minds of all men Plato Euthyphro requires as the first axiom of all virtue age did ever deny it It is no wonder therefore if men attaining to such a height of impiety as to sell their inheritance in Heaven unjustly to purchase possessions upon Earth do always make the specious pretences of Religion and Reformation as the easiest way to work upon the giddy and inconstant multitude carried hither and thither with every wind of doctrine the Exordium of all their Enterprises for Quoties vis fallere plebem Finge Deum 2. But how they should worship him aright from the imperfect use of The difficulty of pleasing God from the light of nature their reason prejudiced by their appetitions and affections is not to be imagined For to worship and serve God not according to the will and pleasure of God is superstition and not to worship God is atheism It is therefore an impossible thing without the special assistance of Gods grace that men should not fall either into superstition
absurd But if Solomon his offering a peace-offering for the people and his blessing the people be objected I answer it does signifie no more then a fathers blessing his children and praying to God that they may live peaceably But none of the Kings did ever offer a sin-offering or burn incense to the Lord without reprehension by God Out of this it is evident that God never forsook men before they Annot. 2 first did forsake him Adam did first eat the forbidden fruit before God drove him out of Paradise and cursed Mankind and the ground for his sake Then mankind sinned malitiously before God brought the general Cataclysme upon them and they made a wicked conspiracy before God confounded them at Babel but none were more malitiously stubborn than the Jewes who when they were enjoyned to observe the Ceremonial Law scarce ever observed it but went a whoring after the Gods of the Nations Moab Ammon Ashteroh c. yet since our Saviour hath fulfilled it never did men so superstituously observe any thing as they have done it And now Oh that I could more then powre forth all Jeremies lamentations in commiseration of thee O my Mother Church and Native Country much more deserving it then the Jewes in the Babilonish Captivity for Jeremiah foresaw their return and restitution whereas I cannot hope but that Christianity it self is in the very wayne here among us For not only Bishops and Priests are therefore hated because they are Christs Ministers and Puppets Mountebankes and Tryers set up in the place of them and not only all the carved works in the houses of God in despite of God are beaten down with Axes and Hammers and the houses themselves destroyed and made stables for horses but all the solemn days kept in commemoration and gratitude for our Saviours Nativity Passion Resurrection Ascention c. in despite of Christianity decryed as superstitious c. Sure as glorious Christian Churches as ever were in England have been in Africa c where were it not for some poore Christian slaves there is not so much as any footsteps of Christianity left The Contents of the Third Book THe First Chap. contains the causes of Subjection of Subjects to Supream Powers of Subjection of Children to Parents of Servants to Masters as also to them who have oversight over us in the Lord. The Second Chap. treats of succession of Princes in Hereditary Monarchies and discovers the fiction of the Salique Law in France and that it was a meer invention to exclude the just title of the Kings of England and has been ill observed by the French themselves when it did not conduce to their advantage The Third Chap. treats of the Municipal Laws of my dear and native Country before they became invaded and subverted by those men who in so many several shapes since 1640. have arrogated to themselves the name of Parliament THE THIRD BOOK CHAP. I. Of Subjection 1. IT is observed by a Writer that our Saviour Introduction in communicating the Cup to his Disciples as if he had foreseen that it would be detained from the Laity gave it in these words Drink ye all of it whereas in partaking of the Bread he said only take eat c. I am sure it is well worth the observation that the Holy Ghost as foreseeing the great abuses which should happen in the world by the specious pretences of Religion Conscience the Power of the People or Parliaments c. commands Subjection to Higher Powers not in certain cases but absolutely and not certain persons but every Soul is to be Subject to the Higher Rom. 13. 1. Powers 2. I say Supream or Regal Power being from God immediately by Subjection due by the Law of Nature to Soveraigns the Law of Nature it does necessarily follow that subjection of Subjects to their Soveraign is due by the Law of Nature nor can the relations be dissolved but by God himself I may I think without any affectation affirm that the Judges in Calvins case were as learned and upright as ever any before or since let us therefore see their resolutions 3. Those learned and upright Judges resolve tit Ligeance Ligeance What is Ligeance is a true and faithfull Obedience of the Subject due to his Soveraign This Ligeance and Obedience is an incident inseparable to every Subject for as soon as he is born he owes by birthright Ligeance and Obedience to his Soveraign Ligeantia est vinculum fidei quasi essentia Legis and a little after page 5. Ligeance does not begin by the Oath of the Leete For many men owe true Ligeance who were never sworn in the Leete Where note it is false if not Treasonable in Mr. Hobbs who affirms that the Knowledg Note of the Legislator does depend upon the Citizen For every man is as much a subject before he hath taken the Oath of Aligeance as after And see whatsoever is due by the constitution of man may be Pag. 25. tit 5. altered but natural Ligeance of the Subject to his Soveraign cannot be altered ergo natural Ligeance or Obedience to the Soveraign is not due by the Law or constitution of man And again whatsoever is due by the Law of Nature cannot be altered but Ligeance and Obedience of the Subject to the Soveraign is due by the Law of Nature ergo it cannot be altered Et qui abjurat regnum amittit regnum sed non regem amittit patriam sed non patrem Pag. 9. patriae 4. Ligeantia ac quisita or Denization is threefold First absolute to them Ligeantia acquisita Pag. 5. 6. and their heirs Secondly limited as when the King does grant Letters of Denization to an Alien and the Heirs Males of his body or for life The third is when the King by Conquest conquers another Kingdom or part of it the Antenati Postnati are Denizens of the Kingdom or Dominion so conquered Yet sure under correction the Postnati are not only Denizens but Natural Subjects For Power and Subjection being by the Law of Nature all men born in the Dominion of any Soveraign are his Natural Subjects and with this does Sir Ed. Coke agree If a man come into England and have issue two Sons these two Sons are Indigend Subjects born because they Com. Lit. pag. 88. are borne within the Realm that is in the Dominion of the King but if any be borne out of the Realm that is out of the Dominion of the King although of Natural Subjects to the King they are alienigena They therefore who are Postnati in the exercise of the Kings power by Conquest are his natural Subjects 5. Local Ligeance is when any Subject of France is in England or any English in France c. so long as he is in the power of the King he is de Local Ligeance tit 3. pag. 6. facto his Leigeman Therefore a Frenchman being in England joyned with divers Subjects of this
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
men and all the Commonalty assembled in Parliament Statutes made at Westminster were enacted by the King his Prelates An. 4. Ed. 3. Earls Barons and other of the same Parliament at the request of the Commons Statutes made at Westminster The King by the assent of the Prelates An. 5. Ed. 3. Earls Barons and other great men of the Realm at the request of his people granted and established c. Statutes made at York were enacted by the King in Parliament upon An. 9. Ed. 3. the Petition of the Knights Citizens and Burgesses Statute of Money made at York was enacted by the King with the An. 9. Ed. 3. assent of the Prelates Earls and Barons and the Commons not so much as named Statutes made at Westminster were made and established by the King An. 10. Ed. 3. with the assent of the Prelates Earls Barons and other Nobles of this Realm and at the request of the Knights and Commons Statutes of Purveyors made at Westminster were enacted by the King An. 10. Ed. 3. with the assent of the Prelates Earls Barons and also at the request of the Knights of the Shires and the Commons by their petitions put in the said Parliament Statutes made at Westminster were to the honor of God and of Holy An. 14 Ed. 3. Church by the assent of the Prelates Earls Barons and other assembled at Parliament And see almost all the Acts of Parliament in Ed. 3. his time after in Rich. 2. Hen. 4. Hen. 5. Hen. 6. Ed. 4. Rich. 3. the King always made the Law and the Lords Spiritual and Temporal did assent at the instance request or petition of the Commons or by the King with the assent of the Lords and Commons which was not or but rarely used unless in Rich. 2. his time In Hen. 7. his time the Commons got to have their assent as well as the Lords in passing Laws And this manner of passing Laws continued generally until Edward the Sixth's time where they were sometime made by the King with the assent of the Lords Spiritual and Temporal and Commons in Parliament and sometime by the Parliament But the form of enacting Laws by the King and the Lords Spiritual Temporal and Commons assembled in Parliament was seldom or never used before Queen Maries time So that it is as clear as the Sun at noon-day That a King of England Sessions of Parliaments do not derogate from Regal Power by the ancient usages of this Nation is as free and absolute in the Session of Parliament as out And the Act of a King in Parliament is the free and voluntary Act of an absolute Monarch for the Act of the King in Parliament passed by the assent of the Lords Spiritual and Temporal and at the Petition of the Commons is not less the act of the King because it is so passed unless a man will deny that my Will being a faculty of my Soul cannot imperate an act if it takes information from my Understanding or Reason Reason and Understanding being in proportion to the Will as Counsel is to a Law King Charles of Sacred memory commends to his Son the then Prince of Wales in his last Letter and Admonition to him though for his own particular he had little Reason God knows so to do the frequent use of Parliaments as the best means by which Laws may be received of the Subjects and diffused to all parts of the Nation and to hold a right understanding between the King and his Subjects But as nullum medicamentum est idem omnibus nay the same Medicine at one time may kill the same person which at another time may cure him And that thing which at one time may be a very probable reason of an action at another time may be none at all or quite contrary to Reason So in Reasons of State that may be a very probable reason at one time which may be none at all or perhaps destructive at another time As Henry the Third had great Reason of State to form a House of Commons and endue it with large priviledges to secure himself against a stubborn and rebellious Nobility But King Charles had not the same Reason of State to indulge the House of Commons contriving the destruction of himself the Church and Nobility Laws and Liberties of this Nation Edward the First had great Reason of State to call a Parliament and to pass the Act De Tallagio non concedendo for otherwise as the state of affairs then stood he could neither get money to assist his Friend and Ally the Earl of Flanders nor relieve his distressed Subjects in Aquitaine oppressed by the French King which Sir Edward Coke in his Comment upon this Statute observes but King Charles had not the same Reason of State to call the Parliament in 1640. who instead of assisting their natural Sovereign against a Rebellious Rabble of Mungrel Hebrides and Lysisks give them Three hundred thousand pounds to be exported out of the Kingdom for their Brotherly assistance Edward the First had great Reason of State to pass the Statute of Mortmaine when as men were so superstitiously given that no man thought he could merit Heaven if he gave nothing to the Church whereby such large Revenues accrued to the Church that the third part of the Revenues of the Nation was in Church-mens hands who pretending exemption from the Temporal Power if some remedy were not taken the King would probably be left destitute of means to protect himself and his Subjects yet is there not now that Reason of State when in a Sacrilegious age all the Patrimony of the Church goes to wrack and ruine and men of Badges of Sacriledge make marks of Saintship It were endless to enumerate how Reasons of State vary with the times It must suffice that there be means always in the Supream Power to remedy and cure the maladies and mischiefs of State as they arise and represent themselves Yet it is a remarkable thing That they who oblige Kings and Supream Powers to their own Laws will never be obliged by either their own or any Laws of God if ever the Supremacy comes to be vested in them and let any man shew me in Five hundred years one time wherein the Kings of England did alter the Laws out of Parliament and I will shew him an hundred times in seven years where men arrogating to themselves the name of Parliament have altered the Laws without the King They who oblige Supream Powers to Humane Laws the Conditions must oblige God too to such things as is contained in those Laws and Conditions or else it is impossible for Powers to protect their Subjects But Corruptio optimi est pessima there were never so vile things done as have been by Parliaments or by men calling themselves so Sir Edward Inst 4. page 37 38. Coke being always mightily in love with Parliaments gives instances but in two viz. Thomas Cromwel Earl of
as Judicial The end of the Fourth Book The Contents of the Fifth Book HAving before treated of the Causes of all Regal and Ecclesiastical power and having in the last Chapter of the Third Book treated of the Laws and Civil Government of this Nation being the exercise of Regal power in reference to the publick preservation of Peace and Society in it In this First Chap. we shall treat how far Ecclesiastical power has been exercised in this Nation and by whom Whether originally the Britanick and English-Saxon Churches were free or subject to the Papal power quoad exercitium And whether as well before the Conquest as after the Kings of this Nation were not Nursing Fathers to the Church of Christ And whether always before the Conquest the Royal Government did not extend as well to the Persons as Possessions of Ecclesiastical persons And whether all Bishopricks were not originally of the Kings foundation In the reciting the Ecclesiastical Laws made by the Kings and Queens of this Realm we shall observe three periods viz. The Ecclesiastical Laws made by the Kings of England before the Conquest The Laws made by the Conqueror and subsequent Kings until Henry the Eighth And lastly the Laws made by him and the Kings and Queens after him until the end of King Charls his Reign Note good Reader that in the reciting of these Laws I do not affirm that these Laws made by the Kings of this Realm did never incroach upon that Ghostly power which our Saviour by Divine positive institution left only to his Church and therefore make no construction upon them but only when they are recited and objected as Authorities against that Power My designe is to shew having already demonstrated that by the Law of Nature the persons of all Subjects born in the dominion of rightful Kings are their natural Subjects which is an indelible character and can never be washed out and therefore Subjects being Ecclesiastical persons cannot free them from it And that all priviledges and endowments which Ecclesiastical persons enjoy besides their ghostly power is created by the King That the exercise of the Kings power over the persons and possessions of Ecclesiasticks as also Laws made by them for the order and preservation of the extern peace of the Church is no new thing as hath been by some objected THE FIFTH BOOK CHAP. I. How far the Kings Popes and Bishops of England have exercised their Spiritual Jurisdiction in England before Henry the Eighth IT cannot sure be reasonably denied Apology by any man but that Ignorance is the mother of all Error nor is any man better in any kind whatsoever for being innurtured or ignorant We daily see no where more feuds If learning or knowledge were the cause of dissentions or distractions how then comes it to pass that all dissentions are determined by learned and knowing men or else they would be endless and dissentions then among ignorant and mean men which were there not Laws to decide their difference would be endless and Mankind left in a worse condition then any other creatures Nor is Education and Learning any cause of the dissentions and debates which arise among learned and better educated men but some internal cause proceeding from pride or some other appetitions or affection in them And though Education and Learning does not totally alter mens natures from bad to good yet does it soften mens manners and makes them not to be so bruitish as those who are destitute of Learning and Civil breeding For Didicisse fideliter Artes Emollit mores nec sinit esse feros It is true indeed that in that state in which God hath placed all men here they do not see all things truly but men are and always were and will be subject to humane error and frailty and in many things notwithstanding all the arts and helps which can be devised men will never be reconciled But that men should therefore condemn all Science and Learning is like to a man that if he sees and hears not all things distinctly and clearly although it may be he sees and hears well enough to do things which are necessary for his conservation that therefore he will put out his eyes and have his ears always stopped Nor shall ever ignorance of any mans duty totally excuse him for his not observance of Laws be they Divine or Humane Nor shall the blind belief of Subjects in their Superiors whether Ecclesiastical or Temporal ever totally excuse them from those things which are due and they believe that they owe to God I am not so very a Hobbian as to believe that it is impossible for Supreme powers to command any thing contrary to the Law of Nature nor yet so very a Papalian as to think that the Pope is infallible Especially since it is evident that Aarons joining with the people in their idolatry did not excuse Exod. 32. the Israelites of old nor did the command of both King and Priests ever under the Old Law excuse the subject Israelites from Gods judgments upon them for their idolatry Nor is this very opinion of them in the Church of Rome of the Popes infallibility believed by themselves however urged against others who are not of her communion For then were not only General Councils supervacaneous and useless things but also there could be no difference among them which is superior a Pope or General Council Nor do they less deny it in their practice then their opinion For when Sixtus Quintus had excommunicated 9 Sept. 1585. the King of Navar and Prince of Conde and as he affirmed made them uncapable of succession to the French Monarchy yet were most part of the French troubled at it doubting the Priviledges of the Gallic Church would be trodden under foot which they needed not have doubted or feared if they had believed the Pope to have been infallible and all the Parliament of Paris who were all of the Church of Rome desired the King Henry the Third to have the Bull torne in pieces as you may read Davila 575. And the Parliaments of Chalons and Tours did not only decree the Bull of Gregory 14. to the Prelates and Catholiques of the Kings party under pain of Excommunication of being deprived of their Dignities and Benefices and of being used as Hereticks and Sectaries that within a certain time they should withdraw themselves from those places that yielded obedience to Henry of Bourbon and from the union and fellowship of his Faction to be publikely burnt but it was so far rejected and scorned by the very Prelates and all other Catholiques of the Kings party that it did extreamly confirm them all in the Kings obedience being before unsetled and inclining to the Cardinal of Bourbons faction as you may read more at large in the Twelfth book of Davila's History But it may be they will say That this was not in matter of Faith and that the Popes infallibility is affixed to Faith
Yet this can be no objection by those men who ascribe all infallibility to the Pope and that all his Acts and Decrees are to be received and obeyed by an implicite faith as Divine oracles Well but suppose these determinations of the Pope were not concerning matters of Faith as no doubt they were not then how comes the Pope because he is infallible in the Faith that he takes upon him to be Judge and Determiner of those things which no ways appertain to it but are as much where Christianity is not planted as where it is Object Yet it will be objected That if the Church be not Judge of what conduceth to the peace and safety of the Kingdom and Church then who shall and so farewell to all Government and peace in Church or State But before I answer this Quaere I would be resolved one Question or two Who shall be Judge whether the Pope or a General Council be superior Who shall judge whether in any Determination of the Popes it be concerning matter of Faith or not or whether it be determined in Gathedra or not In the many Schismes of the Papacy who should judg who was the true Pope or who shall judg whether Alexander the tenth be now the true Pope or who ever gave the Cardinals who were an humane institution many hundred years after our Saviour this power of Election of the Pope that whosoever they should so elect should be universal Bishop and St. Peters successor Although I might justly insist hereupon nor can these things upon these mens principles who maintain the Popes infallibility at least in my understanding be solved and so are they for all their boast of unity among themselves in as much confusion and dissention even in their very principles as other men yet am not I ashamed to give an account of my obedience both to my Church and King Answer I say that God hath made man a sociable intellectual and reasonable creature and endewed him with an immortal soule potentially capable of eternal happiness Nor will God be served by man having so made him only by a base servile feare and without the intellectual and rational faculties of the soule and therefore has engraven by nature in the heart of every man certain rules by which he is to direct his actions which are the first principles and foundations upon which I honor my Parents King and them who are set over me for my direction in order to my eternal good And although that out of the Church and not being preserved by humane Laws I can neither hope for safety in this world nor salvation in the world to come yet who he is from whom all humane Laws are derived or what is the Church in which I must hope for salvation there is no visible Judge under Heaven but only mens consciences to direct them viz. those directions which God either by nature has given to men or revealed supernaturally in the Scriptures Nor does a mans conscience thus informed leave him after it be informed who it is from whom he ought to expect protection and to whom he owes his obedience as well spirituall as temporal for though there be no visible means for men to hope for peace in Church or State yet does it not follow that by all men all things which may be commanded for the Laws of the Church and State are to be observed as the Laws of Church and State as if the Church command men to worship Images or any creature for the Creator which under the old Law it many times did nor do I understand how it can be excused in the Church of Rome or if men be commanded by higher powers immoral things as to dishonor them or their Parents or whenas temporal powers command things plainly derogatory to the ghostly power of the Church or the Church commands things contrary to the duty men owe to their King and Country which we daily see both the one and the other do which makes some men in their passion ultimately resolve their Temporal and Ecclesiastical obedience into the Church others into the secular power and many deny all obedience to either and set up themselves or something else in stead of either But though mens affections carrie them several waies yet ought not all reason therefore and conscience to forsake all men for although I ought not to judge either King or Church if they command any thing they ought not yet have I and every man else a conscience to direct them whether I ought to do all things whatsoever commanded by King or Church Nor ought men to be frighted out of their consciences viz. the Law of God by nature informing them or his Law supernaturally revealed by his grace directing them because a perverse company of Schismatical and seditious men have abused all Temporal and Ecclesiastical Laws and Powers by pretending conscience Nor will a blind obedience in all things to the Church of Rome cause unity and peace among Christians although it be so much magnified by them for let any man read the lives of H. 4. 5. 6. and 7. and Frederick 1. and 2. Emperors whenas the whole Empire was of the Roman Catholick Religion and see if ever greater broyles were in the Christian World and let them judge whether Obedience to the Popes by so great a part of the Empire were not the cause of them or whether all the Wars in Christendom caused by Boniface the eight and Julius the second were not against Christians in the communion and form of the Church of Rome But where secular or ecclesiastical Laws do plainly command things not plainly derogatory to Gods Law for where they do God is in all things to be obeyed before man so as it is doubtful whether they do repugne Gods Law or not then certainly the best way is to submit to them for a mans conscience wrong informed does not excuse him from any Article of his duty and if it may be the Laws do repugne Gods Law it may be they do not and in controverted and doubtful cases the Law is alwaies presumed to be on the Governors part Nor shall any mans conscience ever excuse him if the Laws either of Church or Country do command things repugnant to Gods word from the duty and obedience he owes to them in all things where they do not repugne it Nor does it free any man from his subjection to higher power but where he cannot submit he ought to suffer And no question that where two evils unavoidable happen the least is to be taken as if a man in the communion of the Church of Rome be reduced to that necessity of simply conforming himself to all things used in the Church of Rome although his conscience cannot digest many things or be excluded out of the visible Church of Christ he had better be of such a Church then of none at all Sure God never affixt such infallibility to men how great or good soever
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
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
often gone out of the Church and Priests houses having restored the thing taken away let him abjure the Province and not return and if by chance he shall return let no man presume to entertain him unless he have leave from the King Of breaking the Peace of the Church If any one shall violently infringe the Peace of the Church the Justice Cap. 7. belongs to the Bishops but if one guilty in avoiding their Judgement or arrogantly contemning it shall despise it let the complaint thereof be brought to the King within forty days and let the Kings Justice make him give Security and Pledges if he can get them until he first give God afterward the Church satisfaction But if within one and thirty days either by his friends or acquaintance or by the Justice of the King he cannot be found out the King shall Outlaw him by the word of his own mouth i. e. he shall be excluded out of all protection of the King But if after he shall be found and can be retained let him be restored alive to the King or his head if he shall defend himself Lupinum enim gerit caput which in English is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This is the common and general Law concerning all men Outlawed Of the Tithes to be restored to the Church of Sheep and Hoggs 8. The tenth sheaf of all kinde of corn is due to God and therefore to be restored to God And if any one hath a company of Mares let him restore the tenth colt to God he who hath but one or two for every single colt one single peny In like maner who hath many Cowes the tenth calf who hath but one or two for every calf one single halfpeny and who make Cheese give to God the tenth but if he make none milk the tenth day In like maner the tenth Lamb the tenth Fleece the tenth Cheese the tenth Butter and the tenth Hogg Of Bees In like maner the tenth of the profit of Bees as also of under-Wood In some these two Chapters are joyned of Meadow and Waters and Mills Parks Warrens Fishponds tender Sprouts and Gardens and Merchandize and all other things which God shall give the tenth part is to be restored to him who gave the nine parts together with the tenth who shall have detained it let him be compelled to restitution by the Justice of the Bishop and King if need be For these things St. Augustine hath Preached and are granted by the King Barons and People but afterwards by the instinct of the Devil many have detained it and Priests careless of growing rich did not care to take pains to get them because they had sufficient means of living For in many places now there are three or four Churches where then there was but onely one and so they began to be diminished Of them who are judged to be brought to Judgment or Water by the Cap. 9. Justice of the King In that day wherein Judgment ought to be done let the Minister of the Bishop and his Clerks come thither and in like manner the Justice of the King with Legal men of that Province who may see and hear that all things be rightly done and whom the Lord by his mercy will save let them be quit and freely depart and whom the iniquity of the fault the Lord shall not condemn let the Justice of the King do justice upon them But the Barons who have their jurisdiction of their men let them see that they do so concerning them as they incur not displeasure with God and offend not the King And if a Suit does arise concerning men of other Baronies in their Courts let the Justice of the King be present because without it the Suit cannot be determined If any of the Barons hath not Justice in the Hundred where the Plea shall be holden it shall be determined at the next Church where the Judgment of the King shall be saving the Right of those Barons Of Romescot 10. Every one who shall have Thirty pence of current money in his house of his own property by the Law of England shall pay a Peter penny and by the Law of the Danes half a Mark But that penny ought to be summoned upon the Feasts of the Apostles Peter and Paul and collected at the Feast which is called To the Bonds so that it be not detained beyond that day If any one shall longer detain it let complaint be brought to the justice of the King because this penny is the Alms of the King and it is justice he cause this penny to be restored and the forfeiture of the Bishop and King But if a man hath more houses let him restore the Peter-penny for that wherein he resides upon the feast of Peter and Paul the Apostles Of the Office of the King and of the Right and Appendixes of the 17. Crown of the Kingdom of Britain And the King because he is the Vicar of the highest King and to this purpose ordained that he may both govern and rule the terrene kingdom and people of the Lord and above all things the holy Church and that he defend the same from wrong-doers and destroy and root out workers of mischief Besides these Sir Ed. Coke in Cawdries Case instances in King Kenulph for that King Kenulph by his Letters Patents with the consent and councel of his Bishops and Senators of his Kingdom did give to the Monastery of Abingdon in the County of Berks and to one Ruchnius then Abbot of the said Monastery c. a certain portion of his Country c. and that the said Ruchnius c. should be ever free from Ecclesiastical right or jurisdiction and that the Inhabiters of it from thenceforth be kept under the yoke of no Bishop or their Officials but in all events of things and discussions of causes they be subject to the Decree of the Abbot of the Monastery aforesaid And that this Charter was above * * Counting to the time Sir Ed. Coke wrote 850 years since which was in the year 755. and after confirmed by Edwin of Britain King and Monarch of Englishmen and this Grant did continue until the dissolution of the Abby by Henry the 8. So that the Kings of this Nation have not only of antient time been Nursing fathers to Gods Church and have exercised their Regal power over the persons of all their Subjects in all cases but have even dispensed with and conferred Episcopal jurisdiction But this was only matter of fact and done but only in one place nor was it ever established by a Law before the Statute of Lollard and by Henry the Eight and the First of Eliz. Yet it was afterward as shall appear in the next Chap. used by divers Kings and often adjudged by the Judges before Henry the Eighth CHAP. III. Ecclesiastical Laws made by William the First who began to reign in the year of Christ 1067. THat Nations and Kingdoms
Tribute or of St. Peter Cap. 20. Who shall deny the peny of St. Peter the peny let him pay by the Justice of the Church and thirty pence forfeiture and if he will be impleaded concerning it by the Justice of the King let him forfeit to the Bishop thirty pence and forty shillings to the King Of Religion and the publick Peace 51. First of all we Ordain above all things That one God be worshipped all over our Kingdom and the one Faith of Christ be always kept inviolate c. The Laws are Translated out of the Original set forth by Mr. Abraham Whelock in his Appendix to the History of Bede from page 150. to 107. Sir Ed. Coke in Caudrys Case cites a quare Impedit 7 Ed. 3. tit 19. where it is agreed that no man can make an appropriation of any Church having cure of souls being a thing Ecclesiastical and to be made by some person Ecclesiastical but he that hath Ecclesiastical Jurisdiction but William the first of himself without any other as King of England made appropriation of Churches with cure to Ecclesiastical persons wherefore it does follow he had Ecclesiastical Jurisdiction Here is nothing but argumentum à facto ad jus and a man may as well infer that Saul Jeroboam and Azariah did offer sacrifice and burn incense and therefore they had Sacerdotal power in them or that King John did give the Crown and received it again from him and therefore the Crown of England is holden of the Pope Ecclesiastical Laws made by Henry the first Who began to Reign in the year of Christ 1100. THese at last are the happy joys of the long wished for peace and liberty Proem by which the glorious Cesar Henry doth shine forth to his whole kingdom in Divine and Secular Laws written Institutes and Exhibitions of good Works Moderate Just Valiant Prudent whom God may make to command with happy auspices and healthful prosperity of body and minde with his famous wife Maud the second and their children for ever and the everlasting peace of this Nation His Epistle to all his Leigmen 1. Henry by the Grace of God King of Englishmen to all Barons and his Leigmen French English health Know that I by Gods mercy and the Common Counsel and consent of the Barons of the Kingdom of England am Crowned King of the Kingdom aforesaid and because the Kingdom was oppressed by unjust exactions I in respect of God and the love which I have towards you all first of all make the Church of God free so that I will neither sell nor let to farm nor after the death of an Archbishop or Bishop or Abbot will take any thing of the Demesns of the Church or her men until the successor be come in c. Of the propriety of Causes Cap. 5. In all Causes Ecclesiastical and Secular legally and in order to be handled some are Accusers some Defenders some are Witnesses some are Judges In every discussion of honesty fitting men are to be joyned together and that without any exaction until the quality of the Causes and the intention of the Accused the manner of Witnesses and election of Judges be weighed with upright scrutiny Let there be no foreign Judgements nor celebrated by their improper Judge in place or time nor in a doubtful case or the party accused being absent the sentence being pronounced notandum that for all if the accused had competent warning and lawful leave of answering and defending he be not denied or impleaded or outlawed or circumvented by some stealth or judged by deceit If he be satisfied in the Witnesses Judges and Persons If he consent to the Judges or hurt or contradict It is not altogether so in Ecclesiastical business as Secular in Secular business after that any is called shall come and begin to plead in the Court it is not lawful to go back before the Cause be determined although they shall agree but in Ecclesiastical business it is lawful to go back in the Cause aforesaid If a man suspect a Judge or think himself oppressed surely Judges ought not to be so nisi quos impetitus Elegerit Neither may any one be heard or give judgement before that they be chosen and he who refuses to consent to the elected let no man communicate with him until he obey but if in judgement there arises dissention among the parties of which a strife comes forth let the sentence of the more prevail It is Enacted in the Cause of Faith or of any Ecclestastical Order he ought to judge who neither takes reward nor is of another Law and will do nothing without an accuser For God and our Lord Jesus Christ did know Judas to be a Thief but because he was not accused therefore he was not rejected and whatsoever he acted among the Apostles for the dignity of his Office remained firm As also Clerks ought not to receive Laiks Accusers so ought not Laicks to receive Clerks to be Accusers of Clerks in their Accusations and Informations and Witnesses ought to be legitimate and present without any infamy or suspition or manifest spot because they cannot rightly accuse Priests who cannot be Priests nor of their Order nor is it needful to Judge a man before he hath had lawful Accusers present and accepts a place of defence to wash out his crimes And it is our pleasure as often as many crimes are objected to Clerks by Accusers and they cannot make good one of the first of which they are accused they shall not be admitted to the rest And a Bishop shall not be condemned unless by seventy two Witnesses nor the Archbishop be judged of any A Presbyter-Cardinal Note the preheminence of a Bishop in England at this time above a Cardinal shall not be condemned unless by forty four Witnesses a Deacon-Cardinal shall not be condemned unless by twenty six Witnesses nor a Sub-Deacon under seven nor let the greater despair for the force of the lesser men and there always the Cause may be Pleaded where the Crime is admitted If a man stricken will he may plead his cause before his Judge and if he will not before his Judge he may hold his peace and as for men stricken as often as they desire respit let it be granted And every man which objects a crime let him write that he will prove it and if before he be changed he will not follow he is convinced no crime is to be accounted But if he will prosecute if he shall not prove what he objects let him undergo the penalty which he brought the Apostle says Against a Presbyter a writing is not to be received without two or three approved witnesses how much more against Bishops if these things be observed of Presbyters and other faithful men If any one will accuse any of the Clerks in an accusation of Fornication according to the precept of St. Paul two or three testimonies are required from him but if he
the Lord of the Ground go with the Priest and without thanks take away and restore to the Church what shall belong to it and leave the Ninth part to him who would not pay the Tenth let them divide the rest into two parts let the Lord have one half the Bishop the other be he a Kings man or another Romfeath ought to be restored upon the Feast of St. Peter in bonds he who shall keep it beyond that time let him restore that penny to the Bishop and thirty pence let him add to the King 50 s. Who shall keep Cherisceat beyond the Feast of St. Martin let him restore it to the Bishop and pay eleven fold and to the King 50 sol Who married shall commit adultery let the King or Lord of him have the superior the Bishop the inferior Who shall commit perjury upon holy things * * Laying his hand upon the book I think let himlose his hand or half his were viz. half the Cap. 11 price of his head and this is common to his Lord and the Bishop Who shall bear false witness let him not afterwards be admitted for witness but restore to the King or the Lord of the Soyl Helfeng ' * * Neither Mr. Lambert nor Whelock give any construction of Helfeng that I can finde Who shall kill a man in Orders or malign him let him make him amends as is right and the amends of the Altar according to the dignity of his Order to the King or Lord sufficient breach of the peace or deny it with full purgation Plena lada neget If any man guilty of death desires confession let it never be denied him but if any man shall do it let him pay the King one hundred and twenty shillings or swear with five men that he did it not If a free-man work upon Holy days let him amend his helfeng and at least diligently make composition with the Lord. If any man by force holds the Rectitudes of God Rectitudines Dei let a Dane pay lahite an Englishman full witam or deny it with eleven * * Or twelve in Mr. Seldens Ms and Mr. Whelocks if he should there wound any man let him amend this and restore full witam and redeem his hand of the Bishop or lose it If he kill a man let him be outlawed and every man that desires right follow him with clamor if it comes to pass that he be killed by this that he resisted right if this thing be verified let him be unrevenged He who shall make a breach of his Order let him amend it according to the dignity of the Order wera Wita Lahilita * * Lastita Mr. Seldens Mr. Whelocks Ms and with all mercy Let every widow be without a husband twelve moneths afterwards she may choose whom she will and if within a year she take a husband let her lose her Morgangifan * * Dower and all her money which she had from her first husband and let her husband forfeit to the King the price of his head or to whom the King shall grant it If a man unjustly hold a fugitive of God let him restore him to right and pay to him whose he shall be and satisfie the King according to Legergild If any man hath a man excommunicated or keep him outlawed and all his forgiveness and all amendment commonly made better by Christ and the King is utterly lost wheresoever the Law of God shall be refused to be justly kept according to the word of the Bishop and it will be expedient that he be compelled by the Secular power Because Justice and Secular distriction are necessary for the most part in Divine Laws and Secular Institutes for that otherwise many men cannot be recalled from their ill ways many will not be inclined to the worship of God and observance of the Law from whence by the much infesting of ill men it is provided for the profitable dispensation of peace that the more weighty pleas and things more to be punished be brought to Justice alone or the mercy of the Prince that pardon may be more abundantly had to men desiring it and punishment to sinners but in causes which may be amended for the compassion of the Saints it is permitted that the earthly Lords by their leave may presume to take pecunial amends according to the Law of the Countrey Of the kindes of Causes Cap. 21. There are also some kindes of Causes put before as we have said to be more freely expedited in the amendment of which the King does more particularly communicate wheresoever they are done in Divine or Secular things over Kings men and Ecclesiastical and of Barons men and he hath totally or particularly * * Or acephalos âcefalos pauperes sive socham of which are Adultery Fornication homicide in a Church breach of the peace or order or Christianity or Legality if it be needful to be done by the Secular power that right may be done De Christianâ consuetudine locutionum secundum quod sunt 64. Towards the latter end interline 25. and end A Priest who leads a regular life in a simple accusation may swear alone in a threefold with two of his Order a Deacon in a simple compellation may accompany himself with two Deacons in a threefold with six A Countrey Priest may purge himself as a regular Deacon a Priest accused by his Bishop or Archdeacon may swear himself the sixth of lawful Priests as they are prepared at Mass Of killing a Minister of the Altar 66. If any should kill a Minister of the Altar let him be outlawed before God and man unless he repent with worthy satisfaction and justly compound with his parents or throughly deny it with purgation of his head * * Werilada and begin this within thirty nights before God and man above all he hath If any Minister of the Altar kill any man or if it be extraordinarily declared by bad actions let him be both deprived of his Order and go on Pilgrimage as the Pope shall enjoyn him and amend the work But if he will purge himself he may do it triply but unless he shall begin this within thirty nights let him be outlawed before God and men If any man any ways afflict any man Ordained with stripes or bonds let him make him amends as is meet and to the Bishop the amends of the Altar according to the dignity of his Order to the King or Lords sufficient breach of the Kings peace * * Mundbrecho or deny it with sufficient purgation * * Plenlada If any man condemned to death desires to be confessed let it never be denied him but if any man should deny him let him give the King in satisfaction one hundred shillings or swear with six men that he did not do it If any man by force takes away Gods rights let a Dane amend with Lah sliht full Wytam with
an Englishman or thus deny it let him take eleven and he be the twelfth c. Of Homicides by men Ordained Cap. 73. If a Bishop kill a man let it be recorded and let him repent twelve years seven years in bread and water and five let him fast three days in a week and on others let him use common sustenance If a Priest kill a man or a Monk let him lose his Order and repent ten years six in bread and water and four let him fast three days in a week on others let him use his meat If a Presbyter wound a man let him fast one hundred day If a Deacon kill a man let him be degraded and repent seven years four in bread and water and three let him fast three days in a week upon other let him use common meat If a Clerk shall kill a man let him repent six years four in bread and water two years three days in the week If a Laick kill a man let him repent five years three in bread and water and two years let him fast three days in the week If a man kill a man in Orders or his neighbor let him depart out of his Countrey and go to Rome and make the Pope and his Councel let him in like maner repent of Adultery or Fornication or lying with a Nun. These Laws are likewise set out by Mr. Abraham Whelock in the Appendix to his History of Bede Sir Ed. Coke Candrys Case says Henry the first did Ordain Anno 16. Regni sui as well in regard of his Ecclesiastical as Regal power that whensoever the Abbot of Reading shall die that all the Possessions do remain entire and free But how this should make any thing for the Kings Ecclesiastical Right in all Cases I do not understand for this Ordinance was onely concerning the Possessions of the Abbey and it is no Question but all the Bishopricks as well as Abbeys were originally of the Kings foundation and it appears by the Margent that the King was the particular Founder of this Abby what then hinders but that the King might dispose of the Revenues as he should think fit without having any Ghostly power in him Ecclesiastical Laws made by Henry the third Magna Charta FIrst we have granted to God and by this our present Chapter have confirmed Cap. 1. for us and our heirs for ever that the Church of England shall be free and shall enjoy all her whole Rights and Liberties inviolable Reserves to all Archbishops Bishops Abbots Priors Templars Hospitalers Cap. 38. According to Sir Edward Coke Inst 2. yet the Statute-book in large divides this Act but into thirty seven Chapters and all persons Ecclesiastical all their free Liberties which they have had in time passed and all these Customs and Liberties aforesaid which we have granted to be holden within this Realm as much as appertains to us and our heirs we shall observe And all men as well Spiritual as Temporal as much as in them is shall observe the fame against all persons likewise And for this our Gift and Grant of these Liberties and of other contained in our Charter of Liberties of our Forest Archbishops Bishops Abbots Priors Earls Barons Knights Freeholders and other our Subjects have given to us the fifteenth part of their moveables and we have granted to them on the other part that neither we nor our heirs shall procure or do any thing whereby the Liberty in this Charter contained shall be infringed or broken And if any thing be procured by any person contrary to the premisses it shall be of no force nor effect In the Reign of Hen. 3. Cawdries Case 3 H. 3. tit Proh 13. 4 H. 3. c. In all the time of Henry 3. and his Progenitors Kings of England and ever since if any man did sue afore any Judge Ecclesiastical within the Realm for any thing whereof that Court by allowance and custom had not any lawful cognisance the King did ever by his Writ under the Great Seal prohibit them to proceed Answ It is true indeed that not only Probate of Testaments but Cognisance of Tythes Granting of Letters of Administration Mortuaries Pensions Reparation of Churches do not belong to Ecclesiastical cognisance by any Divine positive institution but by allowance and custom of England And if all Customs suppose some Grant originally from Supreme humane Powers then what hinders but that the King might prohibit any Judge Ecclesiastical within the Realm for any thing whereof that Court by allowance and custom had not lawful conusance for Cujus est velle ejus est nolle And if the suggestion made to the Plea King whereupon the Prohibition was grounded were after found untrue then the King by his Writ of Consultation under the Great Seal did allow and permit them to proceed Also in all the Reign of H. 3. and his Progenitors Kings of England if any Issue were joyned upon Loyalty of Marriage General Bastardy or such like the King did ever write to the Bishop of the Diocese as Mediate Officer and Minister of his Court to certifie the Loyalty of the Marriage Bastardy or such like All which prove that those Courts were under the Kings jurisdiction and commandment It is true that not only all Courts and planting of Christianity were originally by the Kings command or permission but the persons of all men within the Realm are in his power And Marriage and Bastardy being so essential and whereupon the strength of mens estates and inheritances do depend what hinders the King to write to the Bishop to certifie the Loyalty of the Marriage And if it pleases him to do it as his mediate officer who shall contradict is Well let it be granted the Kings of England in cases of Bastardy and Loyal Matrimony have written to the Bishop of the Diocese as his mediate officer yet it will not follow that the Bishop is the Kings mediate officer in all things and cases which relate to his Episcopal function and jurisdiction Ecclesiastical Laws made by Edward the First THe King willeth that the peace of the holy Church be maintained in Stat. West an 3. Ed. 1. 1275. all points and that Religious Houses shall not be overcharged nor any Purveyance be made of any Prelate without the owners consent They who shall offend and be thereof attainted shall be committed to the Kings prison and after shall make fine and be punished according to the quantity and manner of the trespass and after as the King in his Court shall think fit c. It is provided also That when any Clerk is taken for guilty of felony Cap. 1. and is demanded by the Ordinary he shall be delivered to him according to the priviledge of the holy Church on such peril as belongeth to it after the custom aforetimes used And the King admonisheth the Prelates and enjoineth them upon the faith that they ow to him and for the common profit and
Spiritual Judge for remedy as right shall require The Answer Of the ability of a Parson presented unto a Benefice of the Church the examination belongs to a Spiritual Judge and so it hath been used heretofore and shall be hereafter There shall be a free election of the Dignities of the Church Also if any Dignity be vacant where election is to be made it is moved that the Electors may freely make their election without fear of any Power temporal and that all prayers and oppressions shall in this behalf cease Ans They shal be made free according to the form of Statutes Ordinances A Clerk fleeing into the Church for Felony shall not be compelled to objure Moreover though a Clerk ought not to be judged before a Temporal Judge nor any thing may be done against him that concerneth life or member nevertheless Temporal Judges cause that Clerks fleeing unto the Church and peradventure confessing their offences do abjure the Realm and for the same cause admit their abjurations although hereupon they cannot be their Judges and so power is wrongfully given to Lay-persons to put to death such Clerks if such persons chance to be found within the Realm after their abjuration The Prelates and Clergy desire such remedy to be provided herein that the immunity or priviledge of the Church and Spiritual persons may be saved and unbroken The Answer A Clerk fleeing to the Church for felony to obtain the priviledge of the Church if he affirm himself to be a Clerk he shall not be compelled to abjure the Realm but yielding himself to the Law of the Realm shall enjoy the priviledge of the Church according to the laudable custom of the Realm heretofore used The priviledge of the Church being demanded by the Ordinary shall not be denied to a Clerk that hath confessed Felony Also notwithstanding that a confession made before him that is not lawful Judge thereof is not sufficient whereon Process may be awarded or sentence given yet some temporal Iudges though they have been stantly desired thereunto do not deliver to their Ordinaries according to the premises such Clerks as confess before them their hainous offences as Theft Robbery and Murder but admit their Accusation which commonly they call an Appeal albeit to this respect they be not of their Court nor can be judged or condemned before them upon their own confession without breaking of the Churches priviledges The answer the priviledge of the Church being demanded in due form by the Ordinary shall not be denied unto the Appealer as to a Clerk We desiring to provide for the state of the Church of England and for the tranquillity and quiet of the Prelates and Clergy aforesaid as far forth as we lawfully may do to the honor of God and the emendation of the Church Prelates and Clergy of the same ratifying confirming and approving all and every of the Articles aforesaid with all and every of the Answers made and contained in the same do grant and command them to be kept firmly and observed for ever willing and granting for us and our heirs that the aforesaid Prelates and Clergy and their successors shall use execute and practice for ever the jurisdiction of the Church in the premises after the tenor of the answers aforesaid without quarrel inquieting or vexation of our heirs or any of our Officers whatsoever they be In the Reign of King Edward the second Albeit the Ordinance of Circumspectè agatis made in the 13. of Ed. 1. Candries Case and by the general allowance and usage the Ecclesiastical Court held Plea of Tithes Obventions Oblations Mortuaries Redemptions of Penance laying of violent hands upon a Clerk Defamations c. Yet did not the Clergy think themselves assured nor quiet from Prohibitions Purchased by Subjects until Ed. 2. by his Letters Partents under the Broad Seal in and by consent of Parliament upon Petition of the Clergy had granted unto them to have Jurisdiction in those cases The King in Parliament holden in the ninth year of his Reign after particular answers made to those Petitions concerning the matters abovesaid does grant and give his Royal assent in these words We desiring as much as of right we may to provide for the state of the Cap. 2. Church of England and the tranquility of the Prelates of the said Clergy to the honour of God and the amendment of the state of the said Church and of the Prelates and Clergy ratifying and approving all and singular the said answers which appears in the said Act and all and singular things in the said answers contained we do for us and our heirs grant and command that the same be inviolably kept for ever Willing and granting for us and our heirs that the said Prelates and Clergy and successors for ever do exercise Ecclesiastical Jurisdiction in the premises according to the tenor of the said answer A Satute of the Clergy made Anno 18. Ed. 3. Anno Dom. 1344. Bigamy shall be tryed by the Ordinary and not by Inquest Item If any Clerk be arraigned before our Justices at our Suit or the Suit of the party and the Clerk holdeth him to his Clergy alleadging that he ought not before them thereupon to answer and if any man for us or for the same party will suggest that he hath married two Wives or one Widow that upon the same the Justices shall not have cognizance or power to try the Bigamy by Inquest or in other manner but it shall be sent to the Spiritual Court as hath been done in times past in case of Bastardy and till the Certificate be made by the Ordinary the party in whom the Bigamy is alleadged by the words aforesaid or in other manner shall abide in prison unless he be mainpernable Item If Prelates Clerks beneficed or Religious people which have Cap. 3. purchased Lands and the same have put to Mortmain be impeached upon the same before our Justices and they shew our Charter of Licence and Proces thereupon made by an Inquest of ad quod Damnum or of our Grace or by Fine they shall be freely let in peace without being further Impeached for the same Purchase and in case they cannot sufficiently shew that they have entred by due Proces after Licence to them granted in general or in special that they shall be well received to make a convenient Fine for the same and that the inquiry of this Article shall wholly cease according to the accord comprized in this Parliament Item That the Statues touching the Purveiances of us and our son made in times past by us and our Progenitors for the people of holy 4. Church be holden in all parts And that in the Commissions to be made upon such Purveiances the Fees of holy Church shall be excepted in every place where they be found Item That no Prohibition shall be awarded out of the Chancery but 5. in case where we have the cognizance and of right ought to have
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.
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
Queen Mary to be born in lawful Matrimony and all sentences Stat. An. Pri. Cap. 1. sess 2. Mariae of divorce to the contrary repealed particularly the sentence of Thomas Cranmer Archbishop of Canterbury touching the Kings marriage with Queen Katherine and the two Acts of Parliament of the 25 H. 8. 22. 28 H. 8. 7. confirming the same A Repeal of the Statute of 1 Ed. 6. 2. made against such as speak unreverently St. An. Pri. Ma. sess 2. Cap. 2. of the body and blood of Christ and of the Statute of 1 Ed. 6. 2. touching Election of Bishops and the 2 Ed. 6. 1. concerning the uniformity of service and administration of the Sacraments and of 2 Ed. 6. 21. made to take away all positive Laws ordained against the marriage of Priests and of the 3 Ed. 6. 10. made for the abolishing of divers books and Images and of the 3 Ed. 6. 12. made for the ordering of Ecclesiastical Ministers and of the 5 Ed. 6. 1. made for the uniformity of common Prayer and Administration of Sacraments and of the 5 Ed. 6. 3. made for the keeping of Holy days and Fasting days and of the 5 Ed. 6. 12. touching the Marriage of Priests and legitimation of their children All such divine service and administration of Sacraments as were most commonly used in England in the last year of H. 8. shall be used through the Realm after the 20 day of December Anno Dom. 1553. and no other kinde of service nor administration of Sacraments It is Enacted That if any person or persons of their own power and authority after the 20. of December shall willingly and of purpose by open or St. An. 1 Mariae Sess 2. Cap. 3. overt word fact c. maliciously or contemptuously neglect vex or disturb c. any Preacher or Preachers licensed allowed or authorized to Preach by the Queens Highness or by any Archbishop or Bishop of this Realm or by any other lawful Ordinary or by either of the Universities of Oxford or Cambridge or otherwise lawfully authorized by reason of his Cure or Benefice c. in any open Sermon Preaching or Collation in any Church Chappel or Churchyard c. Or if any person shall wilfully disturb c. any Parson Vicar Parish-Priest Curat or other lawful Priest saying or celebrating the Mass or other divine service sacraments or sacramentals as was commonly frequented and used in the last year of H. 8. or afterward should be allowed and set forth or authorized by the Queen Or if any person shall contemptuously unlawfully or maliciously deface spoil abuse or unreverently handle or order the most blessed comfortable and holy sacrament of the body and blood of our Lord and Saviour Jesus Christ commonly called the Sacrament of the Altar being in any Church Chappel or other decent place or the Piece or Canapy wherein the same Sacrament is or shall be or pull down deface spoil or otherwise break any Altar or Altars or any Crucifix or Cross in any Church Chappel or Churchyard That then every such offender his ayders and abettors shall be apprehended c. by the Constable or Churchwarden of the place wherein the said offences shall be committed Which persons so apprehended c with convenient speed shall be brought and carried to any Justice of Peace within the said Shire c. where the said offence shall be committed and the said Justice of Peace upon due accusation shall forthwith commit the said person or persons to safe custody as by the discretion of the said Justice shall be thought meet and within six days next after such accusation the said Justice with other Justices of Peace in the said Shire City c. shall diligently examine the acts and offences aforesaid And if two of the said Justices of Peace shall upon examination finde the person or persons so accused guilty of any of the said offences by two sufficient witnesses or by confession the said Justices of Peace shall commit the person or persons so accused to the Gaol of the County City Burrough c. where the said offences were committed without bail or mainprize by the space of three moneths and further to the next quarter sessions to be holden in the said shire city burrough c. next after the end of the said three months which quarter sessions the party offending upon his repentance and reconciliation shall be discharged out of prison upon sufficient security for his good behaviour for one whole year but if he or they will not repent and be reconciled then to be committed again to the said Gaol there to remain until he or they shall repent and be reconciled for their offences If any person shall receive the offendor or disturbe the arrest he shall forfeit to the Queene her Heires and Successors for every such offence the summe of five pounds If any offendor bee not taken but escape hee shall forfeit to the Queene for every such escape five pounds The Justices of Peace Justices of Assize Justices of Oyer and Terminer all Mayors Bayliffs Justices of Peace within any City Borough or Town-corporate have power and authority to enquire into heare and determine the offences and misdemeanors aforesaid and to set fines and amerciaments therefore This Act doth not take away any authority jurisdiction c. of Ecclesiasticall Lawes then in force This Statute repeales all Statutes made against the Church of Rome particularly Anno 1 2 Phil. Mar. cap. 8. the Statute of 21 H. 8. 13. made against plurality of Benefices taking of Farmes by Spirituall men and non residence The Statute of 23 H. 8. 9. That no person shall be cited out of his Diocess wherein he or she dwelleth except for certain cases Stat. 24 H. 8. 12. That Appeals in such cases as had been proved in the See of Rome should not from henceforth be had nor used but within this Realm Stat. 25 H. 8. 19. entituled The submission of the Clergy to the Kings Majesty Stat. 25 H. 8. 20. concerning restraints of Payments of Primates and First-fruits of Arch-bishopricks Bishopricks to the See of Rome Stat. 25 H. 8. 21. concerning the exoneration of the Kings Subjects from exactions and impositions before that time paid to the See of Rome and for having licences and dispensations within this Realm without suing further for the same Stat. 26 H. 8. 1. concerning the Kings being supreme head of the Church and to have Authority to reform and redresse all errors heresies and abuses in the same Stat. 26 H. 8. 14. for nomination and confirmation of Suffragans within this Realm Stat. 27 H. 8. 15. whereby the King should have power to nominate 32. persons of his Clergy and Lay Fee for making Ecclesiasticall Lawes Stat. 28 H. 8. 10. Extinguishing the Authority of the Bishop of Rome Stat. 28. H. 8. 16. For release of such as then had obtained pretenced licences and dispensations from the See of Rome Stat.
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-Bishops Bishops their Chancellors Commissaries 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
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
with the sword all stubborn and evill doores But whatsoever the Queene or Church did declare the Lawyers would The Lawyers exception of the Statute of 1 Fliz. cap. 1. not lose so much Grist as this Stat. of the first of Eliz. brought to their Mill and therefore the fourth conclusion in the 3 part Institutes 43 is That when an Act of Parliament is made concerning things meerly spirituall as Heresie c. yet the Act being part of the Lawes of the Land the same shall be construed and interpreted by the Judges of the Common-Law who usually confer with those that are learned in that profession so that all Spirituall jurisdiction doth utterly vanish whensoever the Temporall power shall doe any thing in derogation of it and in truth ever since the Statute of the first of Elizabeth all cognizance not only of Heresie c. but the cognizance of the worship and service of God and administration of Sacraments have upon the matter beene determined at quarter-Sessions and assizes and since ths uniting of all forraigne jurisdiction in the Crowne many places in England that were not in ordinary Episcopall jurisdiction and immediatly under the Pope are become out of all cure of Soules and for ought can be known are not any part of any Christian Church If the Queen be supreme Governor in all Spirituall cases under Christ then are not Bishops and Priests immediately Christs Ministers but the Queens Nay then may she ordain confirm and consecrate the Sacraments which the Church of England Art 37. King James Spot Hist anno 7 Regni doth deny The preamble of the first of Eliz. cap. 1. Is a supplication of the Lords Obsecrable things in the 1. 2. chap. 1 Eliz. Spirituall and Temporall and Commons that those things therein might be passed into a Law whereas the Lords Spirituall a a Camb. Eliz. Reg. 16. being nine nor were there then fourteene alive and all who were present not only stiffly opposed it but were all of them deprived because they would not conform thereunto and take the Oath of Supremacy made by that Act. In the 2. chap. Pag. 36. 1 Eliz. there is a very strange clause viz. The Queenes Majesty the Lords Temporall and Commons assembled doe in Gods name earnestly require and charge all Arch-Bishops and Bishops and other Ordinaries that they endeavor themselves to the utmost of their knowledge that the due execution of that Law may be had throughout their Diocesses and Charges as they will answere before God for such evills and Plagues wherewith God may justly punish his people for neglecting this good and wholsom Law and yet the Temporall powers by this very Law have power to heare and determine all things in it as well as the Spirituall whereas Praeces lachrima sunt arma Ecclesiae all alwaies the Church formerly did supplicate protection from the temporall powers The Queene did not make an alteration and change in the Religion and By what degrees Religion was charged Service of God on a suddain but by degrees for for a whole moneth or more after the death of Queene Mary the Roman Religion continued in the same state it did before upon the twenty seventh of December leave was granted to have the Epistles Gospells ten Commandements the Lords Prayer Creede and Letany in the English tongue The two and twentieth of March when the Nobles and Commons were met in Parliament the entire use of the Lords Supper viz. in both kindes was allowed and the Law made to that intent in Edward the sixts dayes revived and put in new force The twenty fourth of June the Sacrifice of Masse was abolished and the Liturgy in the English Tongue established by Parliament In July the Oath of Supremacy was propounded to the Bishops and others and in Aug. Images were removed out of Churches and broken ot burnt Cambd. Eliza Reg. 39. From the first of Eliz. untill the eleventh yeere of her Reigne no person How the Laws made for conformity to the Service of the Church were observed of what perswasion soever at any time refused to come to the publique Divine Service celebrated in the Church of England being so evidently grounded upon the sacred and infallible word of God that the Bishop of Winchester in his answere to Tortus page 42 is not afraid to affirme positively that the Pope Paulus quartus which is misprinted for it should have been Pius quartus if the Queene would have acknowledged his authority would have been so kinde as to have established all the Rites and Ceremonies now used in the Church untill the Bull published against the Queene by Pius the Fift whereby he excommunicated her and deprived her of her Kingdome and forbad all her Subjects upon like penalties to be so hardy as to obey her Admonitions Lawes or Commandements and did absolve all men who had upon any occasion taken their oath to her of all fealty and service due unto her by reason of her Government which Bull produced no other effect then the severe Statute made the thirteenth yeere of the Queene against all men who should endeavor to put it or any such in ure or execution or should receive or take any absolution or reconciliation from the Church of Rome But afterward these Parliament Laws for the conforming to Divine Service established became as much disobeyed by another generation of men called Puritans and therefore the Statute of the thirty fift of Elizabeth cap. 1. was made expresly against them yet would they never be restrained untill they upon pretence of Reformation brought a desolation upon both Church and State Shee was truly pious who daily as soone as she rose set a part some time Of the virtues of Queen Eliz. for the worship and service of God afterwards at set houres retired her selfe into her private Closet frequented the Chappell duly upon Sundaies and holydaies nor was there ever any Prince that with greater devotion was present at divine Service In black aray and after the manner of the former ages she heard attentively Lenten Sermons although she would often say what she had read of Hen. 3. her predecessor That she had rather devoutly speak to God in Prayer then hear others discourse eloquently of God in their Sermons and of the Cross the blessed Virgin and of the Saints shee thought reverently nor did shee ever speake of them without a certain reverence nor patiently heare others speake of them without the like * to these may justly Camb. Eliz. Reg. 14. be added a wisdome and prudence in Government so far above her sex that certainly shee in that kinde is not to be parallell'd by any of her masculine predecessors and these vertues were crowned with that felicity that all along her long Reigne shee was most passionately and obsequiously hononred by her Subjects a rare thing among Islanders and not to be found in any time before her in any of her Predecessors Yet sure
forty pounds and for every yeere after the summe of sixtie pounds untill hee or shee shall receive the Sacrament as aforesaid and if he or she who hath received the Sacrament as aforesaid shall after offend in not receiving the Sacrament as aforesaid by the space of one whole yeere that then he shall forfeit for every such offence the summe of sixty pounds the one moity to the King the other to him who will sue for the same in any of the Courts of Record in Westminster or before any Justices of Assize or before Justices of Peace at their generall Quarter-Sessions by Action of Debt Bill Plaint or Information wherein no Essoyne Protection or Wager of Law shall be allowed The Churchwardens and Constables of every Towne Parish or Chappel for the time being or some one of them or if there be none then the chief Constables of the Hundred where such Town Parish or Chappell is or one of them as well in places exempt as not exempt shall once every yeere present the monthly absence from Church of all popish Recusants within such Townes and parishes and shall present the names of every of the children of the said Recusants being above the age of nine yeeres and as neere as they can the age of the said children as also the names of the Servants of the said Recusants at the next generall or quarter-Sessions of that shire limit division or liberty All such Presentments shall bee Recorded in the said Sessions by the Clerke of the Peace or Towne-clarke for the time being without any Fee and for default of every such Presentment the said Churchwardens Constables or High-constables shall forfeit twenty shillings and for default of recording such presentment without a Fee the Clerke of the Peace or Town-clerke shall forfeit 40. s. Every Presenement made by any Churchwarden constable or High-constable as aforesaid whereby any Recusant shall happen to be convicted shall be rewarded by having 40. s. to be levyed out of such Recusants goods and estate in such manner as by the more part of the Justices shall be ordered by warrant under their hands and seales The Justices of Assiize and Justices of Quarter-sessions have power to heare and determine of all Recusants as well for not receiving the Sacrament as for not coming to Church and have also power to make Proclamation that the body of every such offendor shall be rendred to the Sheriff of the county or the Baylif or keeper of the Goale of the liberty before the next Assizes Generall or Quarter-sessions and if then the offendor shall not make his appearance upon Record that every such default shall be deemed as a sufficient conviction by verdict of 12 men This Statute recites the penalties imposed by the 29 Eliz. 6. upon a Recusant convict and that every conviction shall be certified into the Exchequer as is in the statute of 23 El. 1. concerning Recusants monethly forfeitures yet by this statute the King may refuse the 20 l. a moneth and take the 2 parts of the Recusants lands yet the King shall not take into his two parts the Mansion house nor shall demise nor lease over the 2 third parts or any part thereof to any Recusant nor to the use of any Recusant and whosoever shall take any lease of the King of such lands shall give such security as the Court of Exchequer shall allow not to suffer any waste to be committed upon the Premisses For the better tryall how the Kings subjects stand affected in point of loyalty and due Obedience it is Enacted That after the end of the session of Parliament any Bishop of the Diocesse or any two Justices of peace whereof one of the Quorum within the jurisdiction of their sessions may require any person of the age of 18 yeeres or above being or which shall bee convict or indicted for any Recusancy except noblemen and noble women for not repairing to Divine service according to law or have not received the Sacrament twice within the yeere next past or any person passing through the County or Liberty and unknowne except as is before excepted that being examined by them upon oath shall confesse or not deny himself to be a Recusant or shall confesse or not deny that he hath not taken the Sacrament twice within the yeere to take this Oath hereafter upon the holy Evangelists which said Bishop or two Justices shall certifie in writing subscribed with his or their hands at the next generall or Quarter-sessions the Christian name Sirname and place of abode of every person which shall take the said Oath which Certificate shall be there Recorded and kept among Records of the said sessions If any person other then noblemen and noble women shall refuse to answere upon Oath to such Bishop or Justices of Peace or take the said Oath duely tendred then the said Bishops or Justices of Peace shall commit the same person to the common Goale without Baile or Mainprize untill the next Assizes or quarter Sessions where the said Oath shall be againe tendred unto them by the Justices of Affize or Justices of Peace or the greater part of them and if such person shall then refuse to take the Oath he shall incur the penalty of a praemunire except women Covert who upon refusall shall only be committed to the common Goale there to remain without bail or mainprize untill they take the said Oath The Tenour of the Oath I A. B Doe truly and sincerely acknowledg professe testify and declare in my Conscience before God and the World that our Soveraign Lord King James is lawfull and rightfull King of this Realm and of all other his Majesties Dominions and Countries and that the Pope neither of himselfe nor by any Authority of the Church or See of Rome or by any other meanes with any other hath any power or authority to depose the King or to dispose of any of his Majesties Kingdomes or Dominions or to authorize any forreigne Prince to invade or annoy him or his Countries or to discharge any of his subjects of their Allegiance and Obedience to his Majesty or to give licence or leave to any of them to beare Arms or raise tumults or to offer any violence or hurt to his Majesties Royall Person State or Government or to any of his Majesties Subjects within his Majesties Dominions Also I sweare from my heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any authority derived or pretended to be derived from him or his See against the said King his Heires and Suceessors or any absolution of the said Subjects from their obedience I will beare faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their Persons their Crowne and Dignity
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
the Scots no whit edified by his concessions the next year upon no cause given by the King they not only arm but enter the Nation in open hostility from his granting them their concessions the English Faction urge his granting all things how dishonourable soever even to the shedding of humane blood nor would they have stayed there had not the Kings utmost necessities put him upon other resolutions of seeking his preservation otherwaies then by granting all the exercise of the Militia and Regalities to those men who made so bad use of his precedent benefits and favours Machivel in the 26. chap. lib. 1. de repub advises every new Prince that The Kings cause was most prudent as well as just unjustly possesses the City or Region of another that by how much he understands himself more weak to conserve his Empire either by lawfull ruling or by instituting a free Common-wealth by so much the more he intends this only that as he is a new Prince so in his Principality he does innovate all things that he create new Magistrates marked by new names and to them he choose new men that he distribute the goods of the rich to poor men and make them rich And as it is reported of King David so it may be said of him He hath filled the hungry with good things and the rich he hath sent empty away c. and the reason he gives is that no man in his Region that holds any thing but must confesse he obtained it of the Prince But if he be so great at policy in Princes who unjustly possesse anothers right to innovate all things then in reason besides the justness of it there can be no greater prudence in Princes who reign by inherent birth-right and to the wrong and prejudice of no man to rule and govern by the old received and established Lawes of the Nation to innovate nothing where there is no apparent necessity neither in Church or State in Lawes or Religion yet who hath not seen the most Saintlike and Glorious Monarch of the Western World whose right was derived from innumerable ancestors nor was there upon the face of the earth any one that could make any colourable pretence of right to his Crown prosecuted arraigned condemned and executed by his own naturall Subjects and his Queen and Posterity banished for no other reason but because he did endeavour to have governed and protected them by the known and established Lawes of the Nation So little avails the skilfulness of the Pilot how good great or just soever if the wind of divine favour wherewith eternall providence governs mortall affaires help not to bring our actions to their desired Port Sir Edward Coke in the Pleas of the Crown Cap. Petty Treason prop. sin A short view upon the 3. Nations since they cast off their obedience observes that in perusall of all books Histories and Records it was never found that Treason did ever attain the desired end but did alwayes prove fatall destructive to the undertakers Let any man but see Gods judgments upon the Kirkmen of Scotland and the Roman Catholicks of Ireland if they be not either vagabonds abroad or the most miserable slaves in the world at home for although it so pleased the divine providence that their iniquities prevailed against the King yet did the divine vengeance overtake them by a third faction so new contemptible and obscure that it was not only in their undertaking not feared but in the beginning never heard of in the world It is true indeed the English Presbyterians who had most basely accepted a canting thing called the Covenant from the Kirkmen of Scotland and as injuriously imposed it upon their fellow Subjects have not been so highly chastised in the generall by them as they in Scotland the Roman Catholicks in Ireland have yet were they so far from attaining their ends that since all this Nation abounded with factions that was the most hated and despised by all other Nor were the other Factions much more reconciled and true to one another then to the Presbyterians for the Army commanded by Oliver Cromwell turned out the Rump of the Long Parliament which headed the Independent party and after Cromwells death the Army receives the Rump and displaces his posterity and surely in this world is not to be found in any family so many and so great distractions and dissentions as were in the late Protectors nor did the Rump of the late Long Parliament maintain their long fought for and new restored Dominions but were rejected by those creatures that did restore them with very small hopes of ever attaining to it again Yet did the Rump after reassume their supremacy and proceeded as high and arrogantly as if they had never done wrong but suffered all injustice and wrong by their interruption when not only the Treasure of this Nation was exhausted and all Crown Church and Delinquents Lands and Compositions converted and consumed but the whole traffique of the Nation interrupted and destroyed And if it were so dangerous a thing to a Nation for one Faction to be formidable in Church or State how dangerous was it where there is no visible Church and nothing but Factions in all the State Although man by nature be a sociable creature and men do and ever did since there were any records of time live in society by right or usurpation to something superior to either the Fathers or Masters Power yet since the exercise of all power is politique humane or voluntary and therefore divers Princes govern by divers Lawes as they sort with the natures and dispositions of their Subjects and not only so but all Princes govern their own Subjects by differing Lawes according to their site and nature of their Subjects for it were a most unreasonable thing that the same Lawes should be imposed upon Mediterrane places where are observed in Maritime or that the Laws and Usages of the City of London should be required to be observed in every Country Village c. And since that some Nations doe almost without contradiction upon all occasions obey the Lawes of their Princes with out dispute as the Muscovites Armenians Persian Indians c. others scarce ever unlesse they be governed by their ancient received Laws ordinarily in extraordinary cases by Laws passed in some publick Assemblies as the Germans Swedes Polanders and Danes others are governed peaceably by their ancient received Laws in the usuall administration of Justice and in extraordinary cases doe admit of new ones having them rarely passed in publick Conventions such are the Italians Spaniards and French and this doth not proceed from any abject baseness or meanness of spirit for in the world are no where found men more generous and valiant And some are rarely governed long in peace although governed by old Lawes ordinarily and the consent of the major part of the Freeholders as they conceive by their representatives in passing new ones as
unto thee only the Lord thy God be with thee as he was with Moses Whosoever he be that does rebel against thy commandment and will not hearken unto thy words in all that thou commandest him he shall be put to death Jos 1. 16 17 18. 13. Anarchy is like a vacuum in Nature so abhorrent that the World The state of Man out of power is Tyranny will rather return into Chaos then suffer it And therefore Cicero lib. 3. de legibus says truly Sine imperio neque domus ulla nec civitas nec gens nec hominum universum genus stare nec ipse denique mundus potest 'T is no wonder therefore if seditious men when they have put themselves out of power are glad to submit to Tyranny rather then be overwhelmed with the Chaos and confusion of Anarchy Yet it is said Judg. 17. 6. 21. 25. In those days there was no King in Annot. Israel but every man did what was right in his own eyes So it may seem that men may subsist in an Anarchy It is true indeed there was no man that was King in those days in Israel nor was there then that absolute necessity of one for God had given them Property and did govern the Israelites and they did enquire judgment of God who did answer cap. 20. 18. And men did in those dayes commerce and exchange one with another which is evident by Micha's contracting with her Levite-Priest for ten shekels of silver by the year a suit of apparel and his victual ch 17. 10. 14. Princes do transgress their power when they command any Wherein Princes do transgress their power thing contrary to what God hath commanded or derogatory to the worship and service of God when they make unjust War when they pronounce Judgment not according to the declared and known Laws but punish either by passion or to please factious men as in the Earl of Straffords Case or pass sentence against one unheard as in Cromwell Earl of Essex his Case I say not punish upon passion or to please men For as the state of Annot. affairs may be stated Princes may punish though not in a Judicial manner as when Subjects are in Arms against their Soveraign Nor do I think that any uninterested Casuist will deny that Henry the Third of France did justly put Henry Duke of Guise to death though not judicially the Duke having taken Arms against him and made him flie out of Paris fomented seditions against him and taken pensions of the King of Spain to maintain war in France and become so popular as the King had no means to proceed legally against him 15. * How careful Princes ought to be in commanding or making of Laws The perfection of Government consists first and chiefly that the Governor have a perfect and indubitable Title against which no just exception can be taken Secondly that the Governor makes it his chiefest care that the Religion or Worship and Service of God be duly administred And thirdly that he does endeavor by known and established Laws to administer Judgment and Justice indifferently to his Subjects with careful moderation of the severity of the Laws whereas men by no fault of theirs incur the severity of them And lastly by all just and due means to endeavor the preservation of his Subjects from the oppression and violence of Foreiners and to maintain Peace and Commerce with his neighboring Nations Such was our Government before our unhappy differences and such by Gods grace do I hope to see it again 16. It were a fine may-game to be a King if Kings might make their How careful Princes ought to be in commanding or making Laws Will the rule of their actions It is true indeed God hath not in all things commanded Kings what Laws they shall govern their Subjects by yet this natural law are all Princes obliged to that their Laws by which they govern do more relate to the good of their Subjects in general then their own particular interest And no question but a King commits a more grievous sin doing any unjust thing to any of his Subjects then if another had done it in regard of the relations which are between them as a Fathers doing an unjust thing to his Child is a greater sin then if another had done it by how much by the Law of Nature he ought to have done well to his Child rather then another Princes therefore by the Law of Nature in governing ought to have more respect to the general good of their Subjects then their own particular interest Yet is Magnificence a Royal virtue and therefore ought not the Revenues of the Crown to be parted with by which it should be maintained Nor would it conduce to the benefit of the Subjects in general to make the Revenues of the Crown poor Where Majesty grows contemptible the exercise of Regal power is never permanent Princes therefore ought to have a great care that by their vices prodigality of the Revenues of the Crown remiss governing or by so giving it over to others that they so much neglect it in themselves as to make themselves vile and contemptible 17. Though God hath not commanded Kings in all things what are Princes ought not to be obeyed when they command in derogation of Gods Majesty 1 Sam. 12. 14. vers 25. the Laws by which they shall govern and therefore divers Kings govern their Subjects by several Laws as their Subjects differ in nature and manners Yet hath he forbidden all Kings to make Laws derogatory to his Divine Majesty Samuel therefore threatens Saul as well as the Israelites that if he or they disobey God and do wickedly they shall perish both they and their King And it was to Saul that God said that Rebellion was as the sin of witchcraft and stubborness as the wickedness of idolatry Nor was the sin of the Israelites in committing idolatry under the Kings of Judah and Israel the less though the King commanded it Nor did God scarce 1 Sam. 15. 23. ever shew a greater miracle then in delivering the Three Children and Daniel disobeying the Kings wicked commandment Princes therefore ought not to be obeyed in commanding things derogatory to the Majesty of God 18. Nor ought Princes to be obeyed when they command any thing Or contrary to Religion contrary to Religion for The kingdom of Heaven and the righteousness thereof is first to be sought But the kingdom of Heaven is only to be sought by Faith and Religion Daniel therefore sinned not when he obeyed not Darius in praying to God Nor do all our Parliamentary Laws add any thing to the obligation of mens worship and service of God in the Unity and Form of the Church of England for men were as much obliged in Conscience before such Laws as after Not but that Kings ought to have as great or greater care of preserving unity and peace in Gods Church as in their