saies ver 8 9. 10. If a man dye and have no Son then shall the inheritance pass to the daughter and if he have no daughter then shall the inheritance go to his brethren and if he have no brethren then ye shall give the inheritance unto his fathers brethren c. And that inheriting by the daughter when there is no Son in Britain consonant to the Law of God is as old as any record we can find when Voadicea led the Britans against the Romans it was alwaies a thing observed among them Neque enim sexum in imperiis discernunt Tacit. Lip in vita Agric. 457. Wherein Regality differs in descent from Estates by Civil Laws 9. Although Gynaecocraty be neither against the divine Law of God or Nature yet it is only to be understood that in regality the female shall inherit when she is the eldest sister and lineally descended from the Ancestor which has no Heir male of his body lawfully begotten For in Regality possessio fratris non facit sororem esse haeredem But if a King or Queen by inheritance have issue by several venters or extractions and by the latter a Son who does inherit who dyes without issue yet shall the Heir male descended from the Father although but of half blood to him inherit before his sister and the elder sister descended from the Father shall inherit before his sister although she be of whole blood to him from the reason aforesaid and therefore Queen Mary and Eliz. although but of half blood to Ed. the 6. did inherit before the Queen of Scots or the issue of the Queen Dowager of France by the Duke of Suffolk Charles Brandon although they were of whole blood to him and thus much does Sir Ed. Coke testifie Com. Lit. cap. 1. Sect. 8. p. 15. 10 Before we examine the authority and observance of the Salique Law First Charge let us see the heinous charge which Monsieur Bodin brings against Gynaecocatry Bodins charge and incommodities against Gynaecocatry cap. 5. lib. 6. pag. 738. de rep He says Gynaecocraty is inimicitious to the laws of Nature which gives prudence strength magnanimity of mind force to command to Men takes them away from Women Answ A fine general charge this If I can form an argument out of it this is it All Government wherein prudence strength magnanimity c. do not command is inimicitious to the Laws of Nature But in Gynaecocraty neither prudence c. do command Therefore Gynaecocraty is inimicitious to the Laws of Nature Now the Major proposition requiring strength prudence and magnanimity in command the Conclusion will be as strong against all Government as Gynaecocraty for he hath not defined what strength prudence c. is nor who shall be Judge what it is and so any man who will but deny that there is strength prudence c. in the Governor may by the Laws of Nature not obey nay it is against the Laws of Nature to obey But in what case are all Pupil Kings Sure the man intended to make good Pepins and Hugh Capets Titles from this Proposition against Childerick and Charls of Lorrain But that which is most monstrous and impious is that it is inimicitious to the Laws of Nature for any Child to obey and honor his Mother because she hath not prudence magnanimity and force of command The Law of God not only took from Women the Government of Common-wealths Second charge but also of Families whenas he deservedly subjected them to the command of their Husbands The argument out of this is Whom God hath subjected to the command of their Husbands cannot by the Law of God command in Families But God hath subjected Women to the command of their Husbands Therefore by the Law of God Women cannot command in Families Answ Yes such Women as never were married nor subject to their Husbands may granting the Major proposition But I deny the Major proposition for sure it is no where against the Law of God for a Widow to govern her Family As often as God testifies that he will take terrible vengeance against the enemies Third charge of his Name he threatens them to be subject to commands and laws of Women for this he cites Isa 8. although I cannot find any such thing there as if that were the utmost of evils and extremity of calamities Answ That this is false is evident by Gods miraculous delivery of the children of Israel by the leading and command of Deborah Besides how can God command Women to command and give Laws if it be against the Law of Nature Which is all one to say God does command against the Law of Nature that is his own Law The Roman Laws did seclude Women from all Civil offices and Publique Fourth charge employments Answ But though the Roman Laws did forbid it yet if the Laws of France did not allow it how came Blanch the wife of Lewis the Eighth Katherine de Medici wife of Henry the Second and Mary de Medici wife of Henry the Fourth and Anne the Mother of the present King to manage the Regencie of France as imperiously during the minority of their Sons as if they had been absolute Princes That in Gynarchy the Wife is not subject but superior to her Husband Fifth charge Answ So heavy bodies will against their nature ascend to supply a Vacuity Answ His sixth charge is an Invective against Vasti Joan of Naples called the Sixth charge Wolf Athaliah Cleopatra Zenobia Hirene As indeed telling of stories is usually the greatest part of his reasoning and that he will do so amply that Scaliger justly reprehends him with making not writing Histories Now if I should fall into the commendation of Ruth Hester Judith Deborah c. I am quit with him It is true indeed that 't is a great blessing to any Nation that God gives them a Masculine Heir endued with all those qualities he speaks of But when God doth give a Child which he pronounceth a woe to that Nation Eccles 10. 16. or a Female Subjects must be content and submit themselves to Gods pleasure For in going about to alter what God hath done they will make themselves in a much more woful condition Nor could that be a judgment of God upon a Nation to give Fools and Children or Women for Heirs if Subjects at pleasure might alter them and set up others in their stead 11. The Salique Law took its name either from the Country Salia The etymologie of the Salique Law or the River Sal or from contraction of Si aliqua so often mentioned in the Law 12. There are three things observable in the Salique Law the authority A short view of the authority and observance of the Salique Law of it the eternity of it and the reason of it For the authority of it it was made by the Lord knows whom for the eternity of it it shall end the Lord knows when
are often violated by Men and that God created Adam an universal Monarch or King over all his other Creatures is clearly said Gen. 1. 27 28. And God created man in his own image in the image of God created he him male and female created he them And God blessed them and God said unto them Be fruitful and multiply and replenish the earth and subdue it and have dominion over the fish of the sea and over the fowl of the air and over every living thing that moveth upon the earth And that this supreme power was given to Adam not as Father Husband or Master of a Family is manifest for he was neither Father Husband nor Master of a Family there being no Man or Woman in the world at that time 9. The Scripture does not only command Wives to be subject Adam had Dominion over Eve and not as Husband only to their Husbands but the Apostle gives reasons wherefore viz. That the man is not of the woman but the woman of the man Neither was the man created for the woman but the woman for the man 1. Cor. 11 8 9. Nor does he prove this subjection to be only due from the end of the womans creation and her being a part of Man but from Mans being first created and to whom God had first given Dominion over all Creatures before the Woman was made 1 Tim. 2. 13. 10. Although God gave to Adam only of Dominion over all Creatures yet was it not intended that he alone should so enjoy that his Dominion Adam had Dominion over his Children and not as Father only that others of his own kind should be wholly deprived of the use and benefit of them without which they could not possibly subsist When therefore that Cain and Abel were born although the Dominion of all the Creatures continued still in Adam yet had Cain and Abel property in the Fruit of the Ground and of Sheep But this property could not be given Gen. 4. 3. 4. to them by Adam as Father for the Fathers power arising from generation and the person being only generated the Fathers power extends no further The property therefore that Cain and Abel had in the Fruits of the Ground and Cattel was given them by Adam as King or Monarch 11. Not only the Scriptures and all Writers many times express different The state of Man before the flood and after Adams death was not Anarchy but in Society and under Monarchy Hereditary Gen. 23. 6. things equivocally by one word but also the same thing equivocally in different words As a Chief Governor is often called not only King but Prince Duke Sultan Pharoah Ptolomy Cham c. Paterfamilias signifies the Master of a Family whether he hath a son or daughter in it or not Our Saviour as the highest attribute of power begins the Lords prayer with Our Father So the Scriptures by Patriarch Prince and King understand the same thing The Patriarch Abraham is called a Prince of God or a mighty Prince A Prince sure he was that could give battel and overthrow four Kings at once Gen. 26. 16. And the King and Prince David is called by S. Peter the Patriarch David Act. 2. 29. And Patriarchs as well as Kings are called Christi Domini And that the Patriarchs mentioned in Gen. 5. were not only men endued with the ordinary power of Parents but Princes in their generations is manifest otherwise it had been a vain thing for the Scripture to have mentioned a Genealogie of the Patriarchs from Seth to Noah if every Father had had the same power with them Besides Cain who was elder then Seth had a wife and children yet was none of Gen. 4. 17. the Patriarchs and the reason was because God for the murder of his Gen. 5. 12. brother Abel made him a vagabond and fugitive upon the earth And as this Patriarchal or Regal power was with the Patriarchs before the Flood so was it hereditary where God did not interpose For from Seth to Noah only the First-born had it or are mentioned for Patriarchs in Scripture God no doubt by this great example teaching men that where he does not interpose this Patriarchal or Regal power is hereditary and descends only to the Eldest Son and Heir General 12. If as Grotius affirmeth the state of Man had been Jure naturali in The state of Man immediatly after the flood was not Anarchy but Society by the testimony of Scripture a parity or promiscuous condition immediately after the Flood and that this Jus naturale be immutable by God himself and that this Dominion which is now in use the will of Man brought in and that not the will of the party commanding but in subjection It had been a very vain curse in Noah or rather of God by Noah to have cursed Chanaan and made him a servant of servants to his brethren or that God should bless both Sem and Japheth and make Chanaan a servant to them both And let a man see the generations of Sem Ham and Japheth where the Grandchildren of Japheth by Javan divided the Isles of the Gentiles not in a promiscuous condition but Gen. 10. 5. after their tongue kindred and in their nation And so Nimrod the Grandchild of Ham by Chus became a mighty Hunter in the earth c. And the beginning of his Kingdom was Babel Erech Acad and Calneth in the land of Sinar There is great division among Writers about Nimrod whether he were the same with Belus and Ninus or not And as the posterity of Japheth did not inhabit the earth in a parity and equal condition so did not the posterity of Ham but in their kindreds tongues countries and nations Verse 20. And so did the posterity of Sem v. 31. And Gen. 11. gives the genealogie of Sem to Abram which came to pass in less then three hundred years after the Flood And in Abrahams time Pharaoh ruled in Egypt cap. 12. and Amraphel was King of Sinar Arioch King of Elazar Chodorlaomer King of Elam and Thidal King of the Nations and Bera King of Sodom Birsa Gen. 14. 1 2 3. King of Gomorrha Sinab King of Adma Semeber King of Seboiim and the King of Bela. There is no reason that I understand why men should affirm Nimrod to be Annot. the first Monarch after the Flood from Gen. 10. 8. He began to be a mighty one upon the earth and that the beginning of his kingdom was Babel Erech Accad and Calneth Which proves it no more then if a man should say That David was a mighty one upon the earth and the beginning of his kingdom was Judah and Jerusalem that therefore there was never any King before him 13. We begin with Diodorus Siculus who after that in the first Part The state of Man most antiently was never Anarchy but Monarchy by the authority of the most antient of Vulgar Histories of his first Book
in the regencie of the Queen mothers Blanch the mother of St. Lewis of Francis the second Charles the ninth Lewis the thirteenth and Lewis the fourteenth 20. Neither have the French better observed the other part of the It has been ill observed by the French Salique Law for the descending of the Crown to the heirs male for Pepin having put King Childerick into a Monastery had not any colour of title but as he was chosen by the Parliament of Paris so that it seems the Parliament of Paris may do what the King and general Assembly cannot and alter the most fundamental constitutions of France which forsooth at other times are immutable and Hugh Capet to make his title good against Charles of Lorrain the right Masculine heire of Pepin did derive his pedigree from one of the daughters of Charlemain son of Pepin Nor could Lewis the ninth a most religious Prince be resolved in conscience till he was satisfied that by his Grandmothers side he was descended from the right heirs of Charles of Lorrain But I wonder with what face these Frenchmen can urge the Salique Law against others and yet practise the contrary themselves For Charles the eight having married Anne the Dutchess of Brittain and by that title possessed the Dutchy by whom he had Claude married to Francis the first who had issue Henry the second who had issue Francis the second Charles the ninth Henry the third and Hercules Elizabeth married to Philip the second of Spain and Margaret married to Henry the fourth Now Francis Charles Henry and Hercules dying without issue legitimate I would know how against the Salique Law Charles and his posterity should have a title to Britain and yet King Philip and his posterity be debarred of it by vertue of this pretended Salique Law CHAP. III. Of the Municipal Laws of England before 1640. 1. TEmporal or Secular Laws are made to preserve men so long as Of Temporal Laws and incidently of the Municipal Laws of this Nation they live in this world in unity and peace one with another and these do not bind in conscience only but injoyn corporal and pecuniary mulcts for not observance or transgressing them The Municipal Laws of this Kingdom are either the Common Law which are general usages of that long continuance that they have quite lost their prime institution That they were not brought in by the Conqueror is most evident Common Law or Generall usage for the Conqueror swore to observe the good approved and antient Laws of this Kingdom and that the Subjects might the better observe Proem 8. part of Sir Ed. Cokes Reports their duty and the Conquerors Oath he caused twelve the most discreet and wise men in every shire throughout all England to be sworn before himself that without swerving either ad dextram or ad sinistram they should declare the integrity of their Laws without concealing adding or in any sort varying from the truth and Aldreb the Archbishop that crowned him and Hugh the Bishop of London by the Kings commandement wrote that which the Jurats had delivered and these by Publick Proclamation he declared to be authentick and under grievous punishment to be inviolably observed And that 441 years before the incarnation of Christ Mulumutius of Preface 3. report some called Dunvallo M. of some Dovebant did write two Books of the Laws of the Britans the one called Statuta Municipalia and the other Leges judiciariae which is as much as to say the Statute-Law and Common-Law And 356 years before our Saviour Mercia Proba Queen and wife of King Gwintclin wrote a book of the Laws of England in the British tongue calling it Marchenleg King Alfred or King Alured King of the West-Saxons 871 years after Christ wrote a book of the Laws of England calling the same Breviarum quoddam quod composuit ex diversis legibus Trojanorum Graecorum Britanorum Saxonum Danorum In the year after our Saviour 653. Sigabert or Sigisbert Orientalium Anglorum Rex wrote a book calling it Legum instituta King Edward of that name the third before the Conquest ex immensa legum congerie quas Britanni Romani Angli condiderunt optima quaeque selegit ac in unam coegit quam vocari voluit Communem legem But whether these latter were the Laws which are now used in England under correction may be question made because the Authorities cited are from such obscure and uncertain Authors that no great credit is to be given to them nor are those Books except Alfreds and Edwards which are obsolete and out of use with us and so have been these 600 years any where to be found whereby it may appear that they have any affinity with the Common-Law But it does most certainly appear out of most authentical Records that time out of mind before the Conquest there had been Sheriffs for the Writ of Assise and every other Original Writ to whom they were directed except to the Coroner in special cases who stands in place of the Sheriff and for Trials by the Oath of Twelve men and that the Writs of Assise and other Original Writs were retornable into the Kings Courts and that there had been a Court of Chancery for all Original Writs to issue out and none other and that those Mannors that were in the hands of S. Edward the Confessor are to this day called Ancient Demesne All which does more copiously and fully appear in this Proeme to the Third Part of the Reports And that the Chancery Kings Bench Common Pleas the Exchequer be all the Kings Courts and have been time out of memory of man so as no Proem Rep. 8. man knows which of them is antientest Afterward in the Proeme to the Ninth Part of his Reports out of the Mirror of Justices which treats how the Land was governed almost twelve hundred years since having spoken of the Courts of Parliament Chancery Kings Bench Common Pleas and the Exchequer he descends to the Justiciarii Itinerantes or Justices in Eire The Kings do right to all men by their Justices Commissioners itinerant assigned to have Conusance Justices Itinerant sec 6. of all Pleas. In aid of such Eires the Sheriffs Turns and View of Frankpledges are necessary c. Then he treateth of the Sheriffs Turn That the Sheriffs of antient Sheriffs Turn sec 7. Ordinance do hold general Assemblies twice a year in every Hundred whither all the Freeholders within the Hundred are bound to come by the service of their Feifs or Fees that is to say once after Michaelmas and another time after Easter c. Leets or Courts of View of Frankpledge are Assemblies ordained Leets or view of Frank-pledge sec 8. once a year not only of Freeholders but of all in the Hundred as well Denizens as others except Archbishops Bishops Abbots Priors and all Religious people and Clerks Earls Barons Knights Married women Persons dumb and deaf diseased Bastards and Lepers and
her but if he will do none of these let him set her free without price If a man slea another willingly he shall be slain himself but if a man slea another not lurking or lying in wait or unwillingly or of necessity so as he were given into his hand by God let him flee to Sanctuary and save his life and forfeit nothing If a man of ambition and guile slea his neighbor let him be taken from mine altar and be put to death If a man slea his father or mother he shall be put to death If a man forestall a Freeman and he sell him to another man he shall be put to death If a man revile his father or mother he shall be put to death If a man slea another with a stone or with his fist and yet he can go with a staff get him a Physitian and let him do his work while he is impotent If a man willingly slea his Note slea is to strike as well as kill servant or his handmaid so as he doth not die in a day but live two or three nights although he be guilty let him be free because they were his goods but if he die the same day let him be guilty If a man by contention hurt a wife with child let him repair the damage that shall be adjudged if she die he shall be put to death If a man put out anothers eye let him lose his eye tooth for tooth hand for hand foot for foot burning for burning wound with wound skar with skar If a man strike his servant or handmaid so as he loses an eye let him be free therefore or if he strike out a tooth let him be free If an oxe gore any man or woman so as he die let him be stoned and eat his flesh and let the master of the oxe be guiltless if in two or three days he did not know that the oxe gored a man if he knew it and yet would keep him and the oxe afterward kill a man or woman let the oxe be stoned and the master either put to death or pay that price which shall be imposed upon him for the life be it son or daughter the law is the same if he be a servant or handmaid which is gored to death let the oxe be stoned and thirty shillings be paid to the master If a man dig a pit and shall leave it uncovered he shall pay the value of any beast that falls into it and dies If the oxe of one gores the oxe of another so as he dies let the live oxe be sold and his price and the flesh of the dead one be given to the Lord if after the oxe wound another and he die let him sell the oxe and give the price and the flesh of the oxe that is killed to the Lord thereof If the master knew the oxe had gored another and would not take warning nor sell him he shall give two and four sheep for one if he hath not wherewith to pay let him be sold for theft If a Thief break a mans house in the night and there be slain he shall not be guilty of manslaughter but if it be after sunrise he shall be guilty of manslaughter if ready to be killed he were not necessitated If a man shall put fire into standing corn and burn it the author shall give the value of the damage If a man trust another with goods to keep and he privily steal them let him repay double but if it be not found that he which was intrusted used no deceit let him be excused If the thing intrusted were a living creature if he can bring witness that it was taken away by enemies or that it is dead he shall not repay but if he cannot bring witness nor free himself from guilt let him swear he is not guilty If a man corrupt a virgin unbetrothed and slept with her let him be fined and take her to wife but if her father will not so bestow her let him pay her portion after the value of virgins portion Women Fortune-tellers Charmers and Soothsayers suffer not to live He that hath had any thing to do with a beast shall be put to death He that offers sacrifice to any other Gods shall suffer death A stranger or inhabitant thou shalt not hurt for thou wert a stranger in the land of Egypt A widow or orphan do not oppress nor vex if you shall oppress and they complain I will hear their prayrs and slea you with my sword your wives shall be widows children orphans If thou lend money to thy acquaintance be not a gainer from him nor exact usury of him If thou take the garment of one for a pledg who hath only that for a covering restore it before the sun set but if he complain to me I will hear him for my mercy Do not speak evil of the Lord nor curse him who is the Prince of the people Pay thy Tithes and thy first born and first-fruits give to God Do not taste the flesh torne from beasts but cast it to the dogs Do not trust to a deceitful mans word nor hearken to it as to obey it nor favor him in judgment nor esteem his witness but as a tale Do not follow the ill counsel of the people nor in controversie of right incline to the opinion of the multitude nor do thou hold any thing common with wrong If thou shalt find any fourfooted beast of thine adversary straying out of the way reclaim him Judge rightly do not judge otherwise to the poor and adversary then to the rich and friend Do not tell a Lye Do not slea the innocent and just Do not take a gift for it oftentimes blinds the eyes of the wise and perverts the speech of the prudent Do no injury to the stranger nor inhabitant Do not take the names of other Gods in swearing nor have them in thy mouth These are those Laws which the Almighty God himself did give to Moses and commanded him to keep and also the onely begotten Son of God when he came into the World openly taught That he did not come down to destroy the Law but to fulfil it with gentleness and goodness for he delivered the rule of true Piety After that they nailed him to the Cross before that his Apostles were together nor were scattered for preaching the Gospel converted many Nations and sent Apostles and Interpreters of the Scripture to Antioch Syria and Cilicia to learn Christs Law and what should then befal them should by a Messenger be sent back to them in writing This is that Epistle which the Apostles sent to all the people of Antioch Syria and Cilicia which were converted from the bondage of the Gentiles to Christ The Apostles and Elder Brethren wish health to you Assoon as we heard that certain men which went from us had troubled you with words and commanded some things which they had not in command from us and had made
excommunicated or damned who differ in some things from the doctrine of the Pope who appeal from his decrees and hinder the execution of the ordinances of him or his Legates Although the Sesession of the Church King and Kingdom of England The reformation of King 1 d. was not Schismatical from the Papacy were an Act of Schism yet being done in the Reign of H. 8. one of the greatest favorers of the Papacy that ever was King of England and to his death as great an assertor of the Rites Ceremonies and Religion of it and in such a state independent from the Church of Rome was the Church and Kingdom at the time of Edwards Reformation whatsoever therefore his Reformation was yet could it not be Schismatical Whatever the Romanists pretend to unity and peace in their Church yet The rites and ceremonies of Edwards reformation were more uniform then before it is most manifest that in the Realm of England and Dominion of Wales in several places were used divers forms of Prayer commonly called the Service of the Church viz. that of Sarum of York of Bangor and Lincoln but also of late divers and sundry forms and fashions were used in the Cathedral and Parishes Church of England and Wales as well concerning the mattens or morning prayer and evening song as also concerning the holy Communion commonly called the Mass with divers and sundry rites and ceremonies concerning the same and in the administration of other Sacraments of See preamble to the Statute of 2 3. Ed. 6. Cap. 1. That the Scriptures Lords Prayer and Creed should be read in the English tongue is no new thing in England the Church whereas the service enjoyned in the Reign of Ed. 6 was uniform in all places of England and Wales as well in Parish Churches as Cathedrals In the Reign of King Ethelbald in the year of our Saviors incarnation 748. in a convocation held in the Prouince of Canterbury Cuthbert the Archbishop of his Clergy did Enact that the sacred Scriptures should be read in their monasteries the Lords Prayer and Creed taught in the English tongue Speed in the Reign of Ethelbald para 4. page 343. and how much it was against the Word of God and the custom of the ancient Church to use a tongue unknown to the people in common prayer and administration of Sacraments see the conference at Westminster an primo Eliz. which were never yet answered that I know of If any thing Heretical had been contained in the common Prayer administration Edwards reformation was not Heretical of Sacraments c. made in the Reign of Ed. 6. it would have been sufficiently shot at having so many adversaries at home and abroad but no such crime was ever that I ever heard of imputed to it if there be let the adversaries of it yet shew it affirmanti incumbit probatio If then not onely the Kings and supreme powers always under the old Covenant King Edwards Reformation was warrant-able materially and formally had this right of invoking the high Priest and other Priests and if God always punished the Kings of Judah and Israel for suffering the people to commit Idolatry and if God himself so often commends the zeal and reformation of Jehoshaphat Hezekiah Asa Josiah c. and if ever since Christianity the Bishops by that Divine Canon to Timothy have always had in 1 Tim. cap 2. their particular Churches right of composing publick Liturgies and in national Synods a right of composing publick and national Liturgies And the Liturgy of Edward being composed and received by the Bishops of the Church of England to that end convened and assembly by the King this Liturgy being neither schismattical nor containing any thing heretical is both for matter and form warrantable Object If the Sacriledge and extention of the civil Jurisdiction in giving the civil Magistrate licence to take cognizance of the publique Liturgy and administration of the Sacraments be objected The answer is easie Let the Courtiers and Parliament answer for it the Church was patient not agent in them The Church of Rome having robbed the poor laity of one half of the institution of the Sacrament of the Lords Supper and kept the people in such The King and Church had great reason to make Reformation in Religion stupid ignorance that in the publick worship and service of God they should neither use their reason nor understanding by imposing it upon them in an unknown tongue as if in the publick worship and service of God he were not to be served by intellectual and rational creatures and had filled the Mass with more prayers to the Virgin Mary and Saints which could no ways relieve them and so at best super fluous and vain there was great reason in the King and Church to a make a reformation of the Religion and publick Worship and Service of God Of Queen Maries Ecclesiastical Laws Although King Ed. were a Prince of transcendent Vertue and Learning far above his years yet doubtless his youth was not onely much abused in his Reign where a man might have seen all the woes pronounced by God upon that Nation where the King is a childe or where a company of men in Parliament arrogate to themselves the Politick capacity of a King abstracted from his person but also at his very death caused not without suspicion of poyson was he deluded upon specious pretences by his whole Councel but principally by the Duke of Northumberland to make way for the Lady Jane Gray in the time of his sickness married to his fourth son Guilford Dudley to declare the said Lady Jane the rightful heir and successor to the English Monarchy to the manifest wrong and injury not onely of Queen Mary and Elizabeth afterward Queens of England but also of Mary Queen of Scots heir to Margaret the eldest daughter of Henry the seventh whereas the Lady Janes Title was descended from Mary the younger daughter of H. 7. yet it so pleased God that this unjust Will should onely bring destruction both to the Lady Jane and her husband whereas the Ladies Mary and Elizabeth and the Posterity of Mary Queen of Scots did all succeed and enjoy the possession of the English Diadem of which they were debarred by this Will of King Edward That the Title of Head of the Church was continued by Queen Mary appears by the Parliament begun and holden at Westminster the fifth of October in the first year of her Reign in the first and second session of it where she is stiled our Gracious Soveraign Lady Mary by the Grace of God Queen of England France and Ireland Defender of the Faith and in Earth Supreme Head of the Church of England and Ireland but in the second Parliament of her Reign being holden at Westminster the second of April the first year of her Reign the Title of Supreme Head of the Church of England and Ireland is not mentioned Declares
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