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
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
and for the reason De terra vero Salica nulla portio haereditalis mulieri veniat sed ad virilem sexum tota terrae haereditas perveniat Bodin de rep p. 745. 13. For the authority of it the learned do not agree by whom it was The authority of it by D'-Avila made nor whether any French King ever made any such or not D'avila in the beginning of the first book of the Civil wars in France recites the most probable conjecture which is That the French when they left their habitation to seek fresh quarters sate down at the river Sala which divides Misnia Westward from Turingia and there forsooth did agree to choose themselves a King and did make Constitutions which should be fundamental and unalterable ever after and those Constitutions being made at the river Sala are called Salique Laws 14. There is no story of Guy of Warwick Amadis de Gaule or the Dun How probable Cows rib but is of as much authority and probability as this For can it be imagined that a company of Rogues and Thieves going to rob and thieve at Gads-hill should agree at Greenwich to make unalterable Laws for their government and succession before they were possessed of any thing and what they make their Laws of is nothing but what they shall rob and cheat other men of 15. But Bodin will not undertake to tell by whom or when it was made Bodin's opinion it is strange you will say that making up his discourse almost of Histories he hath nothing to say for this he only saies it is not new as many men think but engraven in the most ancient tables of the Salians in these words De terra vero salica c. ut supra So Bodin names neither by whom nor when Para. 12. this Salique Law was made Did ever man infer so fondly that because the Salian women did not inherit therefore the French Crown cannot descend to women But mark now if this be a consequence The women of the Land of Salia do not inherit and therefore no female can inherit the French Monarchy then if the men of the Land of Salia will alter this constitution the descent of the French Monarchy is altered by an Act of the men of Salia for Cessante ratione legis cessat lex and sublata causa tollitur effectus In their contest with the Popes the Kings of France say they hold their Crown of God whereas if Bodin says true they hold it by a Law written in the Tables of the Salians I can say no more for the authority of this Law unless I should repeat the same things again out of De Serres and other learned French Historians 16. This Law cannot be altered by the King and Estates general The eternity of it I had thought that only the Laws of Nature had been unalterable It is a rule that Unumquodque dissolvi potest eo ligamine quo ligatum est And if this Salique Law be a constitution of Man by that power which made it a constitution by that power it may be altered 17. De terra vero Salica nulla portio haereditatis mulieri veniat sed ad virilem The reason of it sexum tota terrae hereditas perveniat Now let any man that is in his wits or understands any thing of the nature of a Law judge whether there be any shadow of reason in this For a Law is the rule or direction of him who does govern to be observed by them who are governed How then can the Crown of France descend according to the customs of the Salians if the French Crown be not subject to the men of Salia and they had given the King and his successors this unalterable Law of not descending to the female but where this country Salia should be I could never find so much as the name in any Geographer or Historian ancient or modern Sure the Romans so curious in searching and describing of Countries would not have overseen it especially the Emperor Julian warring so long in those parts of Germany not above sixty years before they suppose Pharameund departs out of Salia for to seek better quarters in Gaule 18. The two main parts of the Salique Law are That the Crown shall The two main parts of the Salique Law descend to the next heire male and if the heire be ana infant that the next Prince of the blood who is a Major shall during his minority be his Guardian and Regent Yet Bodin is fearful that the Salique Law was not bar enough against our Ed. the third being never before heard of saies Hailâ—n he saies pag. 745. Whenas the controversie concerning the Crown of France was between Philip Earl of Valoys and Ed. the third King of England Philip defended the Salique Law by the Voconian which ordained by the consent of the Fathers and Princes that in that controversie no man should use the authority of forrain Lawes but every one should study for his profit the Salique Law But when the question was 1563 whether Charles the ninth were a Major at fourteen years of Age currant or compleat the Parliament of Paris would have taken upon them to decide it when Charles sends them word I do not mean that you should deale in any thing but with the administration of good and speedie justice to my subjects understand hereafter that you are not confirmed in your offices by me to be my Tutors or Protectors of my Realm nor Governors of my City of Paris as hitherto you have perswaded your selves Besides Charles the seventh Anno 1420. was adjudged to banishment and unworthy to succeed in any of the signories of France by all the Courts of the Parliament of Paris And so about 7 years since was the Prince of Condi and so was Henry the forth by all the three Estates at the general assembly at Bloys Anno. 1588. So that is is evident that this immutable Law is not so inviolably kept by the French themselves when it does not serve their turn How should the Voconion Law oblige against Ed. the third and not the Acts of Parliament of Paris and general Assembly at Blois oblige against Charles the seventh and Henry the fourth for ubi eadem est ratio ibi idem est jus 19. There cannot be a more imprudent act then to make any one Ward The imprudence of the Salique Law to him who is his next heire especially to a Crown which frees any one from all attainders what then can be more imprudent then this part of the Salique Law which gives the pupil King into the hands of the next heire who murthering him makes way for himself to the Kingship By our Country Laws no man could be Guardian to the person of a Ward but the next of blood to whom the inheritance could not descend But this part of the eternal Law has not of late been observed by the French Nation whereas the contrary hath been
those that are Deciners elswhere to enquire of the offences personal and of all the circumstances of offences done in those Hundreds of the wrong done by the Kings or Queens ministers and of the wrong done to the King and the Commonalty But this ought not to be done by Bondmen or Women but by the Oath of Twelve Freemen The County-Court which the Sheriffs hold from moneth to moneth County-court sec 9. or from five weeks to five weeks according to the greatness or largeness of the County Of Court-Barons and Hundred Courts Court-Baron c. sec 10. The other mean Courts are the Courts of every Lord of the Fee c. Pipowders sec 11. Courts of Pipowders And that from day to day speedy Justice be done to Strangers in Fairs and Markets as of Pipowders according to the Law of Merchants Court of Admiralty The King hath soveraign jurisdiction upon Admiralty sec 12. the Sea Courts of the Forrest The Kings Ministers of his Forrests have Courts-Forest see 13. power by authority of their office to swear men without the Kings Writ for safeguard of the peace and the Kings right and the common good c. He treats of the Professors of the Law as Counters who are Serjeants and Pleaders Of Attornies Of Ministers of Justice as Viscounts Coroners Escheators Bailiffs of Hundreds c. And also by the antient Kings Coroners were ordained in every County and Sheriffs to keep the Peace when the Earls were absent from their charges and Bailiff in lieu of the Hundredors c. Of the Prerogatives of the King as of Deodands Alienation to Aliens Teeasure found Wreck Waif Estray Chattels of Felons and Fugitives Honors Hundreds Soakes Gaoles Forrests chief Cities chief Ports of the Sea great Manors These held the first Kings as their right and of the residue of the Land did enfeoff the Earls Barons Knights Serjeants and others to hold of the King by Services provided and ordained for defence of the Realm It was ordained that the Knights Fee should come to the eldest by succession of heritage and that Socage Fee should be partable between the Male-children and that the Liege-Lords should have the Marriage He treateth in the first Chapter of Crimes and their divisions of the crime of Majesty of Fausonnery of Treason of Burning of Homicide of Felony of Burglary of Rape c. In the second of Actions of Judges of Actors c. In the third of Exceptions dilatory and peremptory that is Pleas to the Writ and in Bar c. of Trial by Juries and by Battel of Attaints of Challenges of Fines c. In the fourth of Judgments and therein of Jurisdiction of Process in criminal causes and in Actions real personal and mixt So as in this Mirror you may perfectly and truly discern the whole Body of the Common Laws of England Thus far Sir Edward Coke Mr. Lambert in his unfolding the difficult things and words in his translation of the Saxon Laws says King Alured when he had made a League with Guthrun the Dane having followed the most prudent counsel given by Jethro to Moses first divided England in Satrapias Centurias Decurias He called Satrapiam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies to divide He called Centuriam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Decuriam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a company of Ten men and by those names they are called to this day And that no man might be ignorant the Decuria did consist of Ten men whereof all of them were pledges that every one should be forth-coming to any Action in Law and if any one did any damage the other were bound to make it good and from hence the other nine were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Free-pledges we in the Pleas of Courts call them Francos plegios The tenth man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 called the Decurio or Tithingman by which name he is most known to the Eastern English at this day Others call him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 others call him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is the first or chief Surety or Pledge The Kentish men call him Borsholder corruptly for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is the first Surety Centuria or a Hundred was made up of ten Decuria's as one Hundred is made up of ten times ten This viz. Hundred the men beyond Trent called by another name not unknown to the common people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Wapentac Alured then further ordained That every man of free condition should be enrolled in some Hundred and be conjoined into some Ten-men company That of lesser businesses the Decurions or Court-Leet might judge and if any weightier matter were it should be deferred to the Hundred or County-Court Lastly that the Alderman and Sheriff I take it he calls them Senator Praepositus should compound the most difficult Suits and of greatest moment in that frequent Convention from all parts of the Shire or County And what the manner of judging was King Etheldred in the fourth Chapter of his Laws which he enacted in a full Senate or Parliament at Vanatnigum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Woodstock expounds almost in these very words In all and every Hundred let there be Assemblies and that Twelve elderly men of free condition together with the Sheriff Praeposito be sworne that they will not condemn the Innocent or absolve the Guilty So that Mr. Lambert seems to be of opinion that the Common-Law had its origination from King Alured or Alfred who was King of all England and a most victorious pious prudent and glorious Monarch about the year of our Lord 890. And from a most deplorable condition by reason of the Danish invasion and robbery reduced it to a most quiet calm and laid that foundation upon which the body of the Common-Law is since builded But whosoever was the first Founder and Establisher of them certain it is they were antient and Laws which better suit to the nature and disposition of English-men then any other that are or ever were in the world would do 2. As those general Usages or Customs which are generally observed Particular Usages are called the Common-Law so there are almost infinite particular Usages Prescriptions and Customs in several parts of this Nation which are observed as Laws by the Inhabitants of those places and to all intents and purposes have the effect of Laws 3. Statute-Laws are Acts of Parliament which are neither general Statute-Law nor particular Customs but are Laws made by the Kings of this Land in Parliament upon sundry and diverse occasions according to the then occasions as they represented themselves For although all innovations are dangerous and therefore if it were possible no doubt it were best that humane Laws as the Laws of Nature might be immutable and eternal but as God hath created all things transitory and nothing in this world the same the next
subsequent minute that it was before and therefore the state of Humane affairs being every day variable and putting on a new face to morrow which they had not neither to day nor yesterday which cannot be certainly foreseen by any man or men no more then any Master of a Ship can foresee what winds will blow to morrow or next day or whether it will be serene or stormy weather whether deep or Rockey Seas Yet if no prudent Mariner will venture himself and those under his command to Sea without sufficient provision against all the contingencies which may happen and be prevented Then sure no man or men not vainly blinded with ambition will undertake to manage the Government of a Nation without sufficient means to protect themselves and Subjects from all future storms and confusions which may either arise from within the Nation or be caused from without Yet will it not follow that every day there should be new Laws made for Nihil semel perfectum inventum there is nothing which is perfect so soon as begun and many mischiefs and inconveniencies may be begun and yet be prevented before they can be brought to perfection But then it must be presupposed that there may be remedies used which must of necessity be that there be a present and coercive power in being which may suppress and dissolve those mischiefes and inconveniences by making new Laws if the old ones will not remedy them and this is no new thing but is and alwaies was in all governments that ever were whether Monarchy Aristocracy or Democracy A Parliament is a Politick body compounded of Heterogenial or Of what parts a Parliament is compounded Inst 4. pag. 1. dissimilar parts viz. the King the Lords spiritual and temporal in one distinct house and of a house of Commons another distinct house Since there has been so much contest about the power and jurisdiction What creates the Lords house and cause of Parliament and since it being compounded of unlike parts and some of these unlike parts nay pieces of those parts have assumed the name of Parliament We will examine all the parts of it and see whether it be not all made and created by the King and into him only can be ultimately resolved he being principium caput finis of it First For the Lords spiritual they are all parts of the Lords house and sit there by succession in respect of their Counties or Baronies parcell of their Bishopricks but all Bishopricks were originally of the Kings foundation and donative per traditionem baculi viz. the crosier annuli viz. Inst 4 par 1. the ring whereby he was married to the Church King Henry the first being requested by the Bishop of Rome to make them Eligible refused it but King John by his Charter bearing date 5 Iunii an 17. granted that the Com. Lit. Sect. 648. pag. 344. Bishopricks should be Eligible so that the foundation donation and election to Bishopricks was only and immediately caused by the King and in this capacity by virtue of the Kings Writ out of the Court of Chancery does every Bishop sit as a member of the upper house of Parliament So that Inst 4 par 1. 4. the Lords spiritual did immediately hold their Bishopricks of the King and were members of the upper house only by vertue of the Kings Writ Secondly That the Lords Temporal are created immediately by the King is so manifest that I think no man will question it and that every Temporal Lord is impowred to sit as a Member of the Lords house by vertue of the Kings Writ issuable ex debito justitiae out of the Chancery See Inst 4. part pag. 1. 4. All the Judges of the Realm Barons of the Exchequers of the Coif Temporal Assistants of the Lords house the Kings learned Council and the Civilians Masters of the Chancery all called to give their assistance and attendance in the Upper house of Parliament but have no voices in Parliament How their Writs differ from the Barons see Inst 4. part page 4. In every Writ of Summons to the Bishops there is a clause requiring Spiritual Assistants or Procuratores Cleri them to summon these persons to appear personally at the Parliament which is in these words Premonientes Decanum Capitulum Ecclesiae vestrae Norwicensis ac Archidiaconos totumque Clerum vestrae Dioces quod iidem Decani Archidiaconi in propriis personis suis ad dictum Capitulum per unum idemque Clerus per duos Procuratores idoneos plenam sufficientem potestatem ab ipsis Capitulo Clero divisim habentes praedict die loco personaliter intersint ad consciendum hiis quae tunc ibidem de communi Concilio dicti Regni nostri Divina favente clementia contigerit ordinari So that not only the Lords Spiritual and Temporal but their Assistants are only created by the Kings Writ or immediately by the Kings authority But since there is so much contest about the House of Commons and The House of Commons are not the Representatives of the Free people of the Nation men say they represent the Freeborn people of this Nation and are the Supreme Authority of the Nation We will therefore enquire into the cause and see what may be the Freeborn people and whether a House of Commons as it now stands can be their Representative and whether being their Representative they may be the Supreme Authority of this Nation First What are the People If any man had said the people of Rome or the people of Athens or the people of Carthage c. a man had understood them and only them of Rome Athens or Carthage c. who were civitate donati But in England the case is much otherwise for with us there is no civitate donatus in one more then another but all men are alike born free and so by consequence every man as a freeborn man of England has as much right to his freedom one man as another I say therefore if every man of England has not a like vote and power in electing Members for the House of Commons then cannot the House of Commons be the Representative of the Nation for Plus valet contemptus unius quâm consensus omnium But it is most manifestly evident that the House of Commons are not elected by the equal consent of the freeborn people of England for not only two parts of three have not Forty shillings a year yet are as freeborn as they who have and as liable to penalty for transgressing Laws made in Parliament as they who do elect but many men have double votes in the election in Corporations where they send Burgesses and yet have like power with the Forty-shillings-men in electing a Knight of the Shire and such a place as Rising-Chase and Old Sarum c. have a like power in this House with the County of York and the Bishoprick of Durham sends none
at all So that it may be rather termed a Representative of the Free Corporations then a Representative of the Freeborn people of England The House of Commons therefore cannot be a Representative of the Freeborn people of England But suppose them the Representatives of the Freeborn people of this Nor the Supreme Authority of the Nation Nation yet cannot they be the Supreme Authority of it for no power can act beyond the power of its being I say therefore that no Representative can be supreme or superior to the cause of its being The House of Commons therefore cannot be granting it the Representative of the Freeborn people of this Nation the Supreme Authority of the Nation But if the house of Commons be not sent by the people and their Representatives Who creates them and by what right do they make a house of Commons Before we answer this Quaere wee will see of what sorts of men a house Of what sorts of men the house of Commons is compounded of Commons is compounded A house of Commons is compounded of three sorts of men viz. Knights of Counties Citizens sent by Cities and Burgesses of Corporations Barons of the Cinque Ports are the same thing differently expressed with Burgesses of Corporations Now that all Cities Burroughs Corporations and Cinque Ports are not so jure naturali nor by any inherent birthright but from their Charter which is nothing else but the Kings grant is so manifest that I think no man in his wits will deny But all Cities and Corporations are not alike in priviledges but more or less as they are impowred by their Charter or Grant of the King Some Corporations have Liberties Priviledges and are impowred to send Burgesses others have Liberties and Priviledges but not qualified to send Burgesses nay some Cities have Liberties and Priviledges but not endewed with this right of having Representative in the house of Commons as the Cities of Durham and Ely And as neither Cities nor Burroughs are endewed with these their Liberties What creates the house of Commons and Priviledges by any inherent birthright so neither are the Counties nor Inhabitants endewed with any right of sending Knights of their Counties by any inherent birthright for then had all the Counties a like right one as another and all the Inhabitans a like vote and they mighr create representatives as often as they should see occasion But all these are most evidently false for we have shewed before that not only the division of this Nation into Counties was an act of the Kings but all Counties are not alike endewed with this Priviledge some Counties in Wales sending but one and the County of Durham none at all Nor have all men a like vote in electing and yet as much subject to Laws made in Parliament as other men but men only who have 40 s. yearly freehold rent nor can these 40 s. a year men when they will send their representatives What then does impower these to send representatives Why let Sir Ed. Coke say Inst 4. p. 1. Knights of Shires Citizens of Cities and Burgesses of Burroughs are respectively elected by the Counties Cities and Burroughs by force of the Kings Writ So that the Kings Writ is the first and efficient cause of the pag. 28. house of Commons as well of the Knights as Citizens and Burgesses the Commons cannot begin nor be dissolved without the King in person or representation If then Rebellion be as the sin of Witchcraft as the Holy Ghost saies Annot. and if crimen lesae Majestatis be the highest crime and impiety as all Lawyers hold and if Gratitude be one the chief of all Moral virtues as all men hold for si ingratum dixeris omnia dixeris no man who is an ingrateful man but has rendred himself as if he had committed all manner of wickedness How impious then is it for men only from the Kings grace endewed with this high favor to convert it in opposition and derogation of that power and person from whence they originally received it But they say if the Commons did it then was it done by the people and so just and not to be questioned as if the people were not a thing to be governed and all as much subject to the King and Laws as every one or that a thing just or unjust in it self were more just or unjust because more or fewer did it Will any man say the crucifying of our Saviour was therefore just because many of the Jews did it or that a rout or riot is therefore lawful because done by many men or that it is not paricide or regicide if many Sons and Subjects kill their Parents and King As all the Members of both houses are created by the King so cannot The Parliament cannot begin but by the King these Members be formed into a body but by the King either by his Royal presence or representation By representation two waies either by a Guardian of England by Letters Patents under the great Seal when the King is in remotis out of the Realm or by Commission under the great Seal of Inst 4. p. 6. England to certain Lords of Parliament representing the person of the King he being within the Realm in respect of some infirmity This House is so far from being the Supreme Authority of the Nation The Jurisdiction of the Commons House that they are not a Court of Judicature nor can impose an Oath or take any mans Examination Yet Sir Ed. Coke says Inst 4. 28. that the House of Commons is to many purposes a distinct Court because he says they cannot be prorogued or adjourned but by its self yet gives no more It is true indeed that to many purposes among themselves they do judge their Members and Elections and have a Committee for Religion but these things are more of custom whether good or bad I cannot tell then of any original right that I know or ever heard of And Sir Ed. Coke Inst 4. 11. says They being the general Inquisitors of the Realm have principal care in the beginning of Parliaments to appoint Committees of Grievances both in Church and Commonwealth of Courts of Justice of Priviledges and of Advancement of Trade They have been wont too ever since the Statute de Tallagie non concedendo of course to grant the King Aids in extraordinary cases The House of Peers assisted as aforesaid are the Supreme Court of The Jurisdiction of the House of Lords Judicature in this Nation not only to judge whether matters presented to them by the Commons be fit or requisite for the King to pass into Laws as Monsieur Bodin well observes who disputes this better then any of our English Lawyers that I know of has done but also of Writs of Error and of matters of Fact either not determinable in other Courts or else when though they are determinable in other Courts yet in regard of nicety or
Essex and Edmund Earl of March the true and undoubted Heir of the Crown of England both condemned unheard and without tryal in Parliament when as he might have instanced twenty Sir Thomas Seimer Admiral of England and Brother to the Protector Anno 1549. the third year of Edward the Sixth was condemned to death unheard by a Law in Parliament Henry the Third after all the Acts of Grace of Magna Charta Charta de Foresta c. instead of means Good Governors are the Preservers or enlargers of the Government Parliaments have ever been the bane of the greatness of the English Monarchy given him by Parliament for the recovery of his right of the Dutchy of Normandy usurped and taken by the French King from his Father King John and the Dutchy of Guienne and Earldom of March the year before usurped and taken from him by the French King had all the exercise of Regal Government taken from him and given to the Twelve Peers by the * Insanum Parliamentum Mad Parliament whereof ensued the Barons Wars to the destruction and confusion of so many English-men as nothing but a Parliament could have done Henry the Fourth in the first year of his usurped Reign had the Crown entailed upon him and his Heirs in Parliament from whence ensued all the Wars of the Houses of York and Lancaster At a Parliament holden Anne Dom. 1470. begun at Westminster 26 November the Crowns of England and France were entailed upon Henry the Sixth and the Heirs male of his body lawfully begotten and for want of such Heirs unto George Duke of Clarence being the yonger Brother of Edward the Fourth the undoubted Heir of the Crown of England whereby a double injustice was done first to Henry the Sixth excluding his Heirs general then to Edward the Fourth to prefer his yonger Brother Clarence before him in case of want of Heirs male to Henry the Sixth See the Factious Conspiracy of the Commons together with the consequence against the Duke of Suffolk Speeds History Henry 6. p. 675. Para. 47 48. The Parliament in the First of Richard the Third his Reign though a bloody Usurper presented a Bill for the entailing the Crown upon his Heirs Ann. 1 Hen. 7. Nor was the Act of Parliament less injurious which entailed the Crown upon Henry the Seventh and the Heirs of his body he having no colour of title to it but in right of his Wife and because he suspected his title and reigned in his own right to the wrong of his Wife and after her decease to the wrong of his Son Henry the Eighth in the eleventh year of his Reign he got an Act of Parliament to pass which should protect all Subjects who should assist the King be he so by right or not for the time being So that other offences should be punished but he that perpetrates the highest villany by invading a Crown should be protected by Law Henry the Eight by authority of Parliament an 1533. Bastardized Queen Mary and so soon as he had cut off Anne Bullens head by authority of Parliament Bastardized Queen Elizabeth smally to his credit one would think Add hereunto the ridiculous yet cruel Act of Hen. 8 his Headship of the Church So that a stranger being one day in Smithfield and seeing one burnt for denying the Six Articles and another hanged for denying his Headship cried out Bone Deus quo modo hic agunt vivi hic comburuntur Papistae ibi suspenduntur Antipapistae The bloody Laws passed in Parliament in prosecution of the Six Articles in the time of Henry the 8. and the bloody Parliamentary Laws for Religion in Queen Mary's reign c. and all those Sacrilegious Acts made in the reigns of Hen. 8. and Ed. 6. and sure no man can imagine such horrid acts could be perpetrated but by Parliaments Nor have the General Assemblies in France who were wont to be assembled once or twice a year demeaned themselves much better then the Parliaments in England but in stead of providing good Laws fell into such Factions and used such affronts to the Regal power that Lewis the Eleventh a most subtile and cunning Prince was wont to say It was time to put the French Kings horce de page out of their minority and from being Pages any more and so he did And since his time they have been rarely convented in France For since the General Assembly at Bloys anno 1587. by Henry the Third where the famous Duke of Guise was killed there hath been but one anno 1614. in the fourth year of the reign of Lewis the Thirteenth and that succeeded so ilfavoredly that there is no probability of ever being another 4. Besides the general and particular Customs and Acts of Parliament there are almost infinite Corporations Colledges and Companies who have divers and sundry priviledges which are granted by the Kings Letters Patents and are observed as Laws and to all intents and purposes have the effect of Laws 5. But in all Maritime cases the Kings of England being Soveraigns of the Narrow Seas whatsoever Grotius says to the contrary and all actions done upon a Navigable river are judged by the course of Civil law and so the Probate of Wills and Letters of Administration are determinable by the Civil law Judge Jenkins a learned Gentleman and a stout Champion for the Laws of this Nation in the first page of his Lex terrae divides the Laws of this Nation into three grounds or species viz. 1. The Customs 2. Acts of Parliaments and 3. Judicial Records and that the two latter are declarations of the former touching Royal government so that he makes Custom to be the ground of Royal government and Acts of Parliament to have but a declaratory power of the Common Law touching Royal government and Judicial Records to be equivalent to Acts of Parliament In all which he is most manifestly mistaken For first there are an exceeding many Acts of Parliament which have no manner of dependence or affinity with the Common-Law and so cannot be declarations of it nay there are many Acts of Parliament which are so far from being declarations of the Common-Law that they do annihilate it and create other things in lieu thereof as the Statute of West 2. cap. 1. called the Statute de donis conditionalibus annihilated all the Conditional estates in Fee at Common-Law and created estates in Tail in lieu thereof At Common-Law no Lands or Tenemers were deviseable by Will but the Acts of 32 34 H. 8. create a power of devising Lands and Tenements in Fee by Will and Tenants at Common-Law might choose whether they would attorn to any Grant of the Lord but now the Lords Grant is good without it by 27 H. 8. cap. 10. Sir Ed. Coke com on Lit. sect 574. says Stat. 32. H. 8. takes away the reason of the Common-Law so that that cannot be a declaration of what it takes away the reason It were tedious
all Humane Laws and their rightful Superiors There neither is nor ever was any Government in the World good or bad just or unjust that did ever permit subjects without authority from it to take up arms And by our countrey-Countrey-Laws If any man levy war to expulse strangers to deliver men out of prison or against any Statute or any other end pretending Reformation of their own head this is a levying war Nota. against the King because they take upon them the Royal Authority which is against the King Inst 3. p. 9. 10. All Stipulations Oaths Promises c. made by Subjects against All Oaths Promises c. made against Prince or Laws are void Husbands by right may command their Wives their Prince or Laws are void and not to be performed for they were Subjects and obliged to their Prince and Laws before they made such Oath Stipulation Promise c. 11. God is not onely the Author of Government and Obedience of Order and Society in Nations and Kingdoms but also in Man and Wife for being reasonable and sociable Creatures does imply a necessity of mutual commanding and obeying God first created man and by so creating him gave him the power and dominion over the woman It is therefore an act 1 Tim. 2. 13. Justice and injustice in a Wife of Justice in every Wife uprightly to fulfil the Law or Command of her Husband to the benefit of him or another he commanding nothing derogatory to the Laws of God or his Countrey and a sin of injustice in the Wife to falsifie or abuse any Law or Command of her Husband to the hurt or prejudice of her Husband or another 12. God is not less the Author of Power or Right of Command in Of Justice and injustice in Wives and Children Parents then in Husbands As therefore it is an act of Justice for Wives and Children uprightly to do any act which is commanded them by their Husbands and Parents they not commanding contrary to the Laws of God or their Countrey so it is injustice in Children as well as Wives to falsifie any Command or Law of their Parents to the hurt or prejudice of another 13. Suppose the Father and the Husband command the Wife contrary Whether the Wife ought to obey the Father or Husband things whereby it becomes impossible that the Wife should serve both Which ought she to serve I say the Husband For though the Fathers power be from God and so inseparable by any act of Man yet is not God obliged to his own Laws but may give that which he gave the Father to another And Matrimony being an Institution of God in Paradice and the Husbands power from the Law of Nature that is from God the Wife becomes subject to her Husband retaining notwithstanding her piety and observance which is always due to her Father 14. All Societies that is all companies of Men whether of Master Masters of Families by right command their Servants Cicero lib. 1. de leg and Servants of Father and Children of Husband and Wife of King and Subjects are contained in the mutual Offices of commanding and obeying It is true that Cicero says Cum dico legem à me dici nihil aliud intelligi volo quam imperium sine quo nec domus ulla nec civitas nec gens nec hominum universum genus stare nec rerum natura omnis nec ipse mundus potest Where therefore the Laws of Nature are not sufficient there must be a supply of Humane Laws Object We have shewed before that the Power or Right of Command which Kings have over their Subjects which Husbands have over their Wives which Parents have over their Children is from the Law of Nature that is from God immediately I say they command by the Law of Nature For all right of command which is not from any Humane Law is from the Law of Nature but Kings Parents and Husbands have a right of command and not from any Humane Law they have it therefore from the Law of Nature Sol. But though Masters of Families have a right of command over their Servants yet formally they do not command by the same right that Kings Fathers and Husbands do For I deny that ever any Master of a Family had his power from any Law of God I except the Israelites or Nature but that ever since there were Families the Masters or Mistresses of the Families derived and had their power or right of command over their Servants from their Countries Laws If Adams Family be objected I say that Adam commanded not as Master of a Family onely but as a Universal Monarch not onely over all the Creatures irrational that God had made but also over his Wife and Posterity as King and not as Father and Husband onely For no Father or Master of a Family can create any property in his Son or Servant nor had ever any Subject who was not an Israelite property from any Law of God or Nature But it is evident that Cain had property in the Fruit of the Gen. 4. 3 4. Ground and Abel in his Flocks they therefore derived it from Adam as King 15. Since Humane Laws are necessary for the conservation of all Of Justice and injustice in Servants Societies of Men and the Masters power not being contrary to any Law of God or Nature the Master of every Family hath right of command over his Servants by the Laws of his Countrey he commanding nothing repugnant to the Laws of God or his Country It is therefore Justice in every Servant uprightly to execute such commands of their Masters and injustice to falsifie or abuse such commands to the hurt or prejudice of another 16. Suppose the Father makes his Son a Servant for every Father hath Whether the Son ought to prefer the commands of of his Father or Master the same right over his Childes person that a King hath over his Subjects and the Father and Master command the Son contrary things Which shall the Son serve I say the Fathers power being from the Law of Nature and so inseparable by any act of Man the Son ought to serve the Father but the Father being as much in the power of his Soveraign as the Son in his Fathers the Father shall make good to the Master whatsoever he shall be damnified by such command the Laws of the Fathers Countrey obliging Subjects to perform their Contracts 17. Suppose the Master command contrary to the Laws of God or his How far the Servant owes his Master subjection Country and the Servant executes such command shall this excuse the Servant No for being a Servant does not free him from the obligation of the Laws of God or his Country as a Subject Well but if the Master commands upon corporal punishment for the Masters power obligeth to corporal punishment to do something contrary to the Laws I answer That jus vitae necis which Masters had
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
have their origination from God we Introduction have already in its proper place asserted And that these Kingdoms thus created by God have periods alterations and conversions set by him which cannot be foreseen or prevented by man is certainly as cleer and evident as the former and often owned by God himself in Sacred Writ as well over his own people as others But that therefore any man or men should therefore endeavour to make alterations in Kingdoms is like to a man who becaufe all men naturally die thinks he may kill any man and father the fact upon God And if God even over his own peculiar people did for the sins of the Kings and people especially the Israelites so often convert the line of the Kings then can it not in reason be expected in this Iron and much more sinful Age that God should every where continue a fixt and certain succession of Kings according to the ordinary course of Nature viz. Primogeniture But that therefore the Pope or any other creature may arrogate to themselves a right or power superior to the Law of Nature is no less absurd then that a Son may kill his Father because all Fathers have periods set by Nature which they cannot pass And that all Subjects do by birth owe a natural subjection to rightful Princes in whose dominion they were born which relations can never be dissolved but by God himself we have in their proper places demonstrated Yet may the exercise of this power be suspended so long as such Subjects come into the power of other Princes whether it be by conquest or otherwise and do owe them a temporary obedience so long as they continue there and their posterity born in their dominions owe such Princes a natural obedience which can never be dissolved And also that since there is no other Judge under Heaven to decide the controversie of Princes but their swords which can never be alledged by any Subjects who have Laws to decide their differences such decision is good as to the exercise of any Princes power over all them who fall under ir and all Subjects born in such exercise of power or dominion become natural Subjects to any Prince who by conquest acquires the dominion of another we have also demonstrated in its proper place Yet whether it were of old that Popes did arrogate to themselves this right of deposing Temporal Princes or debarring them of their right which about this time was frequently asserted by and practised by the Popes and which Pope Alexander was pleased to confer upon the Conqueror against all Right and Law to the manifest prejudice of Eadgar Athelin let us see the Epistle of S. Eleutherius to King Lucius as it is cited in chap. 17. of S. Edovards Laws In the year from the passion of Christ 169. or 156. our Lord Eleutherius the Pope wrote to Lucius King of Britain at the Petition of the King and Peers of the Kingdom of Britain You have required of us that the Roman Laws and of Cesar be transmitted to you which you would use in the Kingdom of Britain We can always reprove the Roman Laws and those of Cesar but not at all the Law of God For ye have by Gods mercy of late received into your Kingdom of Britain the Law and Faith of Christ you have of your self in your Kingdom sufficient Authority from whence through Gods grace by the advice of your Kingdom to make a Law and by it through Gods patience you shall rule the Kingdom of Britain And you are the Vicar of God in your Kingdom according to the Kingly Prophet The earth is the Lords and the fulness of all the world and all who inhabit therein And again according to the Kingly Prophet Thou hast loved Justice and hated iniquity and therefore thy God hath anointed thee with oyl of gladness above thy fellows And again according to the Kingly Prophet God is thy Judgement c. Therefore neither the Judgement nor Justice of Cesar for they are sons of the King Christian Nations and people of the Kingdom who live under your Protection and Peace and Reign and are according to the Gospel Even as a hen gathereth her chickens under her wings c. But they are Nations and your People of the Kingdom of Britain and who divided you ought to congregate recall nourish hold with your hand protect and rule into one for concord and peace and to the Faith and to the Law of Christ and his holy Church and always to defend it from evil doers and malitious men and its enemies Wo to the Kingdom whose King is a boy and whose Princes eat together in the morning I Do not call a King because of his small and tender age but because of his folly and iniquity and rage according to the Prophet King Men of blood and deceitful shall not live out half their days c. By eating we understand the Pallat by the Pallat Luxury by Luxury all things filthy and evil according to King Solomon Wisdom shall not enter into the soul of the evil doer nor shall dwell in a body subject to sins Rex dicitur à Regendo non à Regno A King thou shalt be so long as thou rulest well which thing if thou wilt not do the name of King shall not remain in thee and thou shalt lose the name of King which God forbid God Almighty grant to you so to Rule your Kingdom of Britain that you may Reign with him for ever whose Vicar you are in the Kingdom aforesaid who with the Father and Son c. Of the Right and Ecclesiastical freedom of Asylum's Cap. 1. That is to say Peace to the holy Church Of whatsoever forfeiture any one is guilty this time and he can come to the holy Church let him have peace of life and member and if any one hath set his hand against that which the Mother-Church shall require whether it be an Abby or Church of Religion let him restore that which he hath taken out and one hundred shillings for forfeiture and concerning the Mother-Parish-Church twenty shillings and concerning a Chappel ten shillings And according to the peace of the King in the Laws of the Mercians he shall make amends with En perchenâ—laâ— one hundred shillings accordingly as of Heinefare and prepensed lying in wait Of Peter-pence or Romescot Cap. 18. A Freeman who hath Field-Beasts valued at thirty pence shall pay a Peter-peny For four pence which the Lord shall give all his Borderers and his Boner and his Servants be quit A Burger who hath of his proper goods so much as shall be esteemed half a Mark let him pay a Peter-peny He who in the Law of the Danes is a Free-man and hath field-cattel which are valued worth half a Mark in silver ought to give a peny to St. Peter and for that peny shall all be quit who reside in his Demains Of them who do not pay the Roman
St. 27 H. 8. cap. 15. Spiritual and sixteen Temporal to examine the Laws and Constitutions heretofore made according to the Statute of 25 H. 8. 9. But no Laws or Constitutions shall be made without the Kings assent nor contrary to the Kings Prerogative or the Laws of the Land If any person shall extoll the Authority of the Bishop of Rome he shall 28 H. 8. c. 10. incur the penalty of a Praemunire provided Anno 16 Ric. 2. Every Ecclesiastical and Lay-Officer shall be sworne to renounce the said Bishop and his Authority and to resist it to his power and to repute any Oath taken in maintenance of the said Bishop or his Authority to be void And the refusing of the said Oath to be Treason Makes all Bulls and Dispensations from the Bishop or See of Rome to 28 H. 8. c. 16. any of the Subject of this Realm void The King may nominate such number of Bishops Sees for Bishops 31 H. 8. c. 9. Cathedral Churches and endow them with such possessions as he will 1. If any person by word writing printing ciphering or otherwise do preach teach dispute or hold opinion That in the blessed Sacrament 31 H. 8. c. 14. called the Statute of the Six Articles of the Altar under form of bread and wine after the consecration thereof there is not really the natural body and blood of our Saviour Jesus Christ conceived of the Virgin Mary or that after the said consecration there remains any substance of bread or wine or any other substance but the substance of Christ God and man Or that in the flesh under the form of bread is not the very blood of Christ Or that with the blood under the form of wine is not the very flesh of Christ as well apart as though they were both together Or affirm the said Sacrament to be of other substance then is aforesaid Or deprave the said blessed Sacrament Then he shall be adjudged a Heretick and suffer death by burning and shall forfeit to the King all his lands tenements hereditaments goods and chattels as in case of High Treason 2. Or if any person preach in any Sermon or Collation openly made or teach in any Common School or Congregation or obstinately affirm or defend That the Communion of the blessed Sacrament in both kinds is necessary for the health of mans soul or ought to be administred in both kinds Or that it is necessary to be received by any person other then by Priests being at Mass and consecrating the same 3. Or that any man after the Order of Priesthood received may marry or contract matrimony 4. Or that any man or woman which advisedly hath vowed or professed or should vow or profess chastity or widowhood may marry or contract marriage 5. Or that Private Masses be not lawful or not laudable or should not be used or be not agreeable to the Laws of God 6. Or that Auricular confession is not expedient and necessary to be used in the Church of God He shall be adjudged suffer death and forfeit lands and goods as a Felon If any Priest or other man or woman which advisedly hath vowed chastity or widowhood do actually marry or contract matrimony with another Or any man which is or hath been a Priest do carnally use any woman to whom he is or hath been married or with whom he hath contracted matrimony or openly be conversant or familiar with any such woman both man and woman shall be adjudged Felons Commissions shall be awarded to the Bishop of the Diocese his Chancellor Commissary and others to enquire of the Heresies Felonies and offences aforesaid And also Justices of Peace in their Sessions and every Steward Under-Steward and Deputy of Steward in their Leets or Law-day by the oath of twelve men have authority to enquire of the Heresies Felonies and offences aforesaid See the 7. Chap. of B. Bramhalls Just Vindication of the Church of England where he endeavours to shew that not only the Emperor the King of France nay and the King of Spain have in effect done the same things with Henry the Eighth upon occasion or at least plead for it although for their interests they have not continued the exercise of their Jurisdiction as the Kings of England have done A short view or reflexion upon Henry the Eight and his Reformation How zealous a Defender of the Pope and See of Rome Henry the Eight K. H. 8. a zealous defender of the Pope and Papacy was in the beginning of his Reign is evident by his book written against Martin Luther For not being born Henry the seventh's eldest son his Father being a wondtrful frugal Prince and observing good natural parts in him bred him up in literature and destinated him to the Archbishoprick of Canterbury as being the cheapest and highest preferment he could give him But his elder brother being dead and after him his father The King esteeming it a great honor to imploy himself in so famous a controversie as was then maintained by the Wits of Christendom in defence and opposition of the Church of Rome wrote a book of the Seven Sacraments defending also the Papacy and oppugned the Doctrine of Luther This thing was so grateful to the Pope that Leo 10. honored him with the Title of Defender of the Faith But after he had been married to his brothers wife above twenty years and inflamed with lustful affection to Anne Bullein a Paragon and Minion From what cause the King became estranged from the Pope of the Court he became he said troubled in conscience for having married his brothers wife and therefore desired that the Pope would examine the case and satisfie his scruple of conscience It is a very remarkable thing that this ungodly Dispensation of Julius 2. for H. 8. his marrying with his brothers wife should be the cause of the King and Kingdoms defection from the Papacy under Clement 7. The Pope to satisfie the King gave the Cardinals Wolsey and Campeius a power Legatine to hear and determine the validity or invalidity of the marriage but the Queen refusing to submit to their determination appealed from them to the Pope The Pope had now a Wolf by the ears whom he could neither keep nor well let go For in pronouncing the marriage void he feared to incense Charls the Fifth being Nephew to Queen Katherine and the most potent Prince in Christendom and in confirming it he feared to lose Henry the then most beloved Son of the Church and great Defender of the Papacy not only in writing but also in joining with and assisting the French King Francis the First for freeing him from captivity being a prisoner under Charls The Pope therefore desires the advantage of time and proceeds slowly towards a determination The King as impatient in his desires expects a sentence from the Pope which not being to be had he procures Instruments from the Universities of Cambridge Oxford and Paris together
Dissolution of Abbies and all were easily passed and assented to in Parliament But whatsoever the King were otherwise yet sure the Popes passion The Pope was more unjust in his censures then the King was in excluding the Papal jurisdiction against him carried them to greater extravagancies and exorbitancies then were on his part against them For suppose that the Pope had de facto the Investitures of Bishops Peter-pence Annates and First-fruits paid them and did exercise a jurisdiction over all the Church and Clergy yet no question all these things were by the grants and permission of precedent Kings and if Kings may grant and permit these things then what hinders but that they may recall them for Cujus est velle ejus est nolle Besides we have already shewed that although there were not that bitter personal spite between the Kings of England and and the Popes formerly as was between Henry 8. and Clement 7. and Paul 3. yet did many of them ascribe as little to the Pope as Henry did But for a Pope to deprive a Christian Prince of his kingdom over whom he had no manner of right his Adherents of whatsoever they possessed to command his Subjects to deny their obedience to their Soveraign and Strangers not to have any commerce in the kingdom and all to take arms against him and his followers granting them their estates and goods for a prey and their persons for slaves is so unlike to the example and precept of S. Peter whom they pretend to succeed who not only suffered death under Temporal power but inspired by God does command so expresly obedience to Kings not as subordinate to himself 1 Pet. 2. 13. but as supreme And of our Saviour himself who both suffered himself under Temporal power and paid tribute to Caesar and took not away but fulfilled the Moral Law which commands obedience to Princes and Higher powers and whose kingdom was not of this world that sure no Turk or Infidel was so much an enemy to Christians or indeed rather to mankind as to have desired it The state of the Church and of the Ecclesiastical Laws made by Edward the sixth THe time of this Kings reign being a Child and therefore woful and of his Father were perillous days The Father in his Laws scarce ever took advice but from his passion lust or avarice the Son although a Prince of infinite hope and goodness yet wanting the authority and reputation requisite in a Soveraign was either not able to restrain or else perswaded it was beneficial to give reins to a company of Sacrilegious Harpies and Courtiers to make a total prey not only upon all Colledges Free-Chappels Chantries and all their Lands except them of the Universities and some few other which by the Statute of 1 Ed. 6. cap. 14. were given to Camb. pref Eliz. Reg. Life of Ed. 6. the King upon specious pretences but the Lands of the Bishops generally became a prey unto them So much worse is it for every thing to be lawful then that any thing should be Law It was enacted That if any man spake irreverently or contemptuously An. 1. Ed. 6. c. 6. of the Sacrament of the Altar he should be imprisoned and fined at the Kings will and pleasure and that Justices of Peace might enquire of offenders Yet should not the person offending be arraigned or tryed unless the Bishop of the Diocese or his Chancellor or Deputy learned were required to be at the Quarter-Sessions to which purpose a new Writ was made Rex c. Episc L. salutem Praecipimus tibi quod tu Cancellarius tuus vel alius deputatus tuus sufficienter eruditus sitis cum Justiciariis nostris ad pacem in com nostro B. conservand assignat apud D. tali die ad sessionem nostram tunc ibidem tenend ad dand consilium advisament eisdem Justitiariis nostris ad pacem super arraiment deliberationem offendet contra Formam statuti concernend sacrosanctum Sacramentum Altaris And by this Satute it was Enacted that the Sacrament should be delivered to the people under both Kindes viz. of Bread and Wine From thenceforth no Conge deslier shall be granted nor any Election An. 1 Ed. 6. Cap. 2. shall be made of any Archbishop or Bishop by the Dean and Chapter but when any Archbishoprick or Bishoprick shall be voided the King by his Letters Patents may confer the same to any person whom he shall think meet c All summons citations and other proces Ecclesiastical shall be made in the name and with the stile of the King as in the Writs of the common Law and the test thereof shall be in the name of the Archbishop or Bishop c. All persons that have the exercise of Ecclesiastical Jurisdiction shall have in their Seals of Office the Kings Arms with certain characters under them for the knowledge of their dioces but the Archbishop of Canterbury shall use his own Seal and his own name in all faculties and dispensations A man speaking against the Kings Headship of the Church shall being An. 1 Ed. 6. Cap. 12. thereof attaint or convict forfeit all his Goods and Chattels to the King and suffer imprisonment during the Kings will and pleasure for the first offence and for the second offence forfeit to the King the whole issues and profits of all his Lands and all his Goods and Chattels and suffer perpetual imprisonment and for the third offence shall be adjudged a Traytor and suffer death and forfeit all his Goods and Chattels Lands and Tenements as in cases of High Treason And it shall be deemed Treason for any by Printing Writing or Deed to affirm the King not to be Head of the Church An Act for uniformity of Service and administration of Sacraments being An. 2 3 Ed. 6 Cap. 1. before divers and different viz. of Sarum of York of Bangor and of Lincoln and divers and sundry forms and fashions were used in Cathedrals and Parish-Churches of England and Wales as well concerning Mattens or Morning Prayer and the Evening Song as also concerning the holy Communion commonly called the Mass with divers and sundry rites and ceremonies concerning the same and in the administration of the Sacraments of the Church The Statute does inflict upon every Parson Vicar or other whatsoever Minister that ought or should say or sing the said Common Prayer mentioned in the said Book Entituled the Book of Common Prayer and Administration of the Sacraments and other rites and ceremonies of the Church after the use of the Church of England and shall refuse it or use any other form or shall Preach Declare or speak any thing in derogation of the said Book or any thing contained therein and be thereof lawfully convict by a Jury of twelve men or by confession shall forfeit to the King for the first offence the profit of all his Spiritual benefices and promotions arising in a whole year and
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.
JUSTICE VINDICATED From the False FUCUS put upon it BY THOMAS WHITE Gent. Mr THOMAS HOBBS AND HVGO GROTIVS AS ALSO ELEMENTS OF Power Subjection Wherein is demonstrated the Cause of all Humane Christian and Legal SOCIETY And as a previous Introduction to these is shewed The Method by which Men must necessarily attain ARTS SCIENCES By ROGER COKE LONDON Printed by Tho. Newcomb for G. Bedell and T. Collins at the Middle-Temple-Gate Fleetstreet 1660. To the Kings most Excellent Majesty CHARLES II. By the Grace of GOD KING of GREAT BRITAIN FRANCE and IRELAND Defender of the Faith IF it were not unbecoming confidence Most Eminent of Kings in Hugo Grotius who at most did owe Your Illustrious Uncle Lewis the Thirteenth but a topical and temporary obedience to dedicate his Book De Jure Belli Pacis to him founded upon such feigned and inconsistible principles because written for Justice Then will it not ill become a natural Subject of Your Majesties who by all divine and humane laws owes an indelible character of obedience to Your Majesty to implore Your patronage of Justice founded upon the true and genuine causes Nor is there any attribute of Justice which Grotius there ascribes to Your Uncle but is as properly or more due to Your Majesty For if Lewis were just because above any thing which might be spoken he did honor the memory of the great King his Father by imitating him how just then is Your Majesty when as not all the storms of adverse fortune in Your Father or Self could ever any ways shake the constant veneration You have always paid his Saintlike memory by imitating him whereas prosperity did almost ever fill the sails of Your Uncle and his great Father If he were just because he did instruct his Brother by all means but most by his own example then is not Your Majesty less just who by all means but most by Your own Example hath so well instructed Your Brethren that they in all respects answer the dignity of their high extraction and whose eminent Virtues have attained such a height of perfection that they are justly celebrated all over Christendom with admiration If he were just because he did adorn his Sisters with highest matrimonies yet certainly it was rather the felicity of his fortune then acts of his justice that he was by the marriage of his Sisters allied to all the greatest Hereditary Princes of Christendom how just then is your Majesty who hath so adorned Justice and Piety that as being by nature wedded to these though born one of the greatest Princes of the Western world You have preferred them before the enjoyment of Three Kingdoms If he were just because he did call back the almost buried Laws and opposed himself to a Generation making haste into worse Who then can express Your justice who hath recalled our buried and almost forgotten Laws and who with most manifest danger yet by Providence miraculously preserved for your Subjects deliverance did oppose your self against the Tyranny of the most perverse generation of men that ever pretended to be Christians If he were not only just but also clement whenas he took from his Subjects who by ignorance of his goodnes had transgressed the bounds of their duty nothing but the liberty of sinning nor did force their consciences differing from him in Religion Let the world then judge and admire your justice and clemency who of your own accord does refer the most perpetrated villany committed in the sight of the sun upon the person of your Royal Father not by your Subjects ignorant of his and your goodness but by those who had known his clemency and goodness and in the worst of their wickedness needed not have despaired of his favor to those of your Subjects neither convened nor elected by your authority And are so far from taking any thing from your peccant Subjects more then liberty of sinnng that you admit of a restitution to those of your Subjects who by such undue means had invaded the sacred patrimony of Gods Church and your Crown And though these things were committed upon pretence of Religion yet so tender is your Majesty that you will force no mans conscience not of these men And if it were justice and mercy in your glorious Uncle in the prosperity of his fortune to relieve oppressed people and Princes by his authority then was it no ways less justice and mercy in your Majesty that in the adversity of your fortune you did by all means endevour by your authority to relieve the oppressed and distressed Princes and people of Christendom To You therefore Great Sir being the Fountain and Centre of Justice in these your rightful Dominions in the lowest posture of humility do these Observations and Elements presume to offer themselves though not upon any confidence of themselves or Author but because wâ—â—ten for and in defence of Justice To You Sir who by an indifferent administration of just received and known Laws and moderating the severity of them Your Majesty being their Moderator as well as Arbitrator where it becomes impossible for your Subjects to fulfil them or inconvenient to Your self or Subjects in rigor to execute them if it be not your Subjects fault shall not less under God confer peace and happiness to all sorts of them then the Sun by its effluence does diffuse life and light to all the various creatures of the Universe This is it which in time will reduce your wandring Subjects to the secure and known paths of their Allegiance out of which they have gone astray This is it which will secure you from the imputation of Tyranny and convince your adversaries that it is not your fault in governing but theirs in disobeying if hereafter they bring upon themselves the miseries and calamities of another Civil war And this is that which will evidence to the world that then your adversaries became enemies to your Royal Father and Self when they first trod under foot the established and received Laws of their Country and that it is and always was the desire of Usurpers who having no just title but new Oppression to introduce more new Inventions of their own in place of the old Laws This is it which after your Majesties gracious Act of Oblivion for crimes past will so settle the minds of your Subjects that in the known ways of their ancestors they may expect favor and protection from your Majesty This is it which will so genuinely and equally support your Majesties Title that as it is so derived from the loins of innumerable Royal Ancestors as no man can shew where it began and so clear that in the world no man presumes to stand in competition with You so is it supported by received Laws of that continuance that they have lost their first original I presume not Sir to say this of mine own head to advise your Majesty much less have any diffidence of your Majesties governing your Subjects
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
of the Antiquity of things having discoursed of the Creation of the World and Man and given a conjectural opinion of the state of Man before they had language houses or art enough to clothe themselves and having in the next Chap. discoursed of the fabulous Egyptian Gods and in the 3. of the site of Egypt and wonders of Nile and in the 4. of the causes of the inundation of it in the first Chap. of the second Part he descends to his History and gives a narrative of the original Government of the Egyptians under the Gods Heroes and Elective Kings for 18000. years together and after the Gods reigned Menas and that his progeny in fifty two Kings reigned 1400. years and did nothing memorable And then Busiris and eight of his posterity reigned the last of which was called also Busiris who built the great City called of the Egyptians The City of the Sun and of the Grecians Thebes not only the most stately in Buildings and adorned with all the Rarities of Nature of all the Cities of Egypt but of the whole world After him was Osymandrus and the eighth of his progeny from him Uchoreus who built the City Memphis And the twelfth of his offspring after him was Myris and Sesostres the seventh of his linage was King c. In the first Chap. of the second Book he treats of Ninus as the first King of the Assyrians and of Aricus King of the Arabians contemporary with him and of Barzanes King of the Armenians and of Farnus King of the Medians and in Chap. 2. of Zoroaster King of the Bactrians c. In the 3. Book treating of the Ethiopians beyond Lybia he speaks of the strange manner of the death of the Ethiopian Kings until that Ergamenis King of the Ethiopians in the time of Ptolomy the Second addicted to Philosophy and the Greek learning first despised that manner of dying which was this The Priests which offered sacrifice in Meroe and these were of greatest authority when it seemed good to them would tell the King that he must die for so the Oracle of the Gods commanded and that it was not meet that the will of the Gods should be contemned for the will of a mortal man and they add other reasons by which from an old observed custom they perswade the King to a voluntary death and all the antient Kings obeyed the Priests of their own accord not compelled by arms or force but overcome by superstition In lib. 3. cap. 4. he makes four kinds of Libyans to inhabit the midland coasts about Cyrene and Cirtes whereof they who dwell to the South are called Nasamones others sited at the West Anochitae others are called Marmaridae which inhabit between Egypt and Cyrene and part of the Sea-coast the fourth kind excelling in multitude of men are called Maiae The two latter obey Kings the third are under no Kings but always intent upon robbery they know no justice yet a little after he says they every year swore the people subject to them to obey their Prince He speaks not of the Government of the fourth but of the Amazons which in old time governed Libya Let us see the most ancient Government of Nations out of other From Egialus came the Egialian Region which was after called Apia Authors Scaliger out of Africanus and Eusebius in the year of the Julian period 2625. which was in the yeare of the world 1750. makes Egialus King of the Sicyonians not an hundred years after the Flood who reigned 52 years after him Europs 45 years after him Telchin 20 years after him Apis 25 years after him Thelxion 52 years after him Aegyrus 34 years after him Thurimachus 45 years c. Aventinus makes Tuisco the son of Noah who sent by his Father 131 years after the flood came into Europe with 20 Captains and reigned as King of the Germans 176 years and that Ingaevon Germanicè Ingaab as some say others Inwohner the brother of Mannus reigned after him 45 years After him Istaevon the son of Ingaevon whose wife Freia the Venus of the Germans gave the name Frey tag or Friday reigned 50 years After him succeeded Hermion or Horman the son of Istaevon who reigned 63 years To him succeeded Marsus the son of Hermion who reigned 46 years c. Inachus in the year of the world 2094. was King of the Argives who reigned 50 years Phorone his son succeeded in his stead who reigned 60 years Apis the grandchild of Phorone succeeded and reigned 35 years Argus Apis his son succeeded his father and reigned 70 years Criasus his son succeeded him and reigned 54 years c. Nay the very Athenians beginning at Cecrops for 867 years were governed by hereditary Monarchs before there were any footsteps of the Democracy or Archon Nor can any man shew unless where God was pleased peculiarly to reign or in the Lacedemonian Duarchy who were governed by two Kings descended from Eurysthenes and his brother Proclis who ruled in Lacedemon from about the year of the world 2848. until both lines became extinct almost together about the year of the world 3730. for above 3000 years after the Creation any other Government but Monarchy Hereditary nor any of them made from any Pacts or Contracts of Men. What therefore men feign to be originally in the People was truly in Kings and Justin says truly Principio Rerum Gentium Nationumque imperium penes Reges erat It was then a Golden Age not when Men lived in a promiscuous Herd or Rout as these Men and Poets feign but when Men content with their Government of Kings enjoyed peace and plenty in security And it is Mens wrangling about they know not what and not content with Regal Government that hath made such an Iron Age in the world If a man looks into Persia India Ethiopia and other parts of the world where Subjects content with those Governors which God hath given them continue in obedience thereunto he shall find them not only live securely but abound in all plenty and riches and yet may be said to enjoy a Golden Age and contract the Iron Age to those wrangling Europeans who not content with Gods Ordinance make to themselves an Iron Age and without end miserable by being always obnoxious to Confusions and Civil wars It is neither an Article of Faith nor can there be one instance given Annot. 1 out of sacred or prophane History that ever Supreme or Regal Power was ever made from the Pacts or Contracts of Men or consent of Families I do not therefore understand what should move Men against the constant practice of the world in all ages to require this for a principle which being vaine and superstitious all that can be deduced from thence cannot be better or amount higher Ob. But God and Nature never made the same thing of different species Annot. 2 and if all power in Government be from God how then came Government to be of different species viz.
pretended Salique Law 30. Delegata potestas non potest participari No man can participate No Prince can give sell or transfer his power much less alien the power which he is intrusted with But supreme power is delegate from God to every Prince and therefore no Prince can give sell or bequeath his power to any other The King is Gods Lieutenant upon earth Coke 3 par Inst cap. Deodands fol 57. 31. It may be the Electors are the Instruments by which the Elected Elective Monarchy King or Monarch receives his power but I do not understand how such a King can be a Supreme Prince Yet this by the way Neither now nor heretofore was ever such Prince chosen either by the people in general or by the Masters in families nor the Electors chosen by them 32. Aristocracy is when a company of men met in Councel ascribe Aristocracy to themselves whatsoever power is due to any rightful Monarch not being chosen by the people in general but have places either by birth or as they are chosen by the Council such is the state of Venice such were the Roman Senate and Ephori of Lacedemon 33. Democracy is when they who being free of the City do meet at a Democracy time and place appointed where they choose Ministers and Officers make and alter laws and do whatsoever they think good or what shall appear good to them as represented to them by popular Orators But because business might so fall out that there might be a necessity of making War or Peace raising mony for defence of the Commonwealth c. besides the times and places appointed the Athenian Archon and Tribunes of the Roman people had liberty given them to assemble the people when they thought fit I think no man can well tell whether the Roman Government before Caesars dictatorship were Democratical or Aristocratical For though men might appeale from the Consuls to the Tribunes yet by an Act of the Senate after the suppressing of the Gracchi the Consuls might provide that the Common-wealth should receive no detriment which is as general and high a power as can be given No wonder then if Marius pretending the power of the Common wealth and Sylla the authority of the Senate should reduce both Rome and Senate to so lamentable a condition and that Julius Cesar assisted by Lucius Antonius and Quintus Curio the Tribunes of the people and Pompey by the Senate should raise such War and commotion every where to the utter subversion of the absolute power as they called it both of Senate and people CHAP. IV. Of the three Species of Government viz. Monarchy Aristocracy and Democracy 1. IMperium est duplex solutum legibus and astrictum legibus this is There are but 3 species of Government and all compounded Government is either supervacantous or destructive to the Governors and Governed Empire restrained to the Laws and is of Magistrates who although they command private men yet they themselves are bound by the laws and command of their superiors which is the power of our Judges Justices c. That is Majesty an Empire which is the Arbitrator Moderator Controuler and maker of all laws and who justly has it is accountable only to God and this Empire is so essential to all Government that without it there can be no Kingdom or Commonwealth there cannot be any property any meum or tuum but what this Empire gives no man has any security of his life or estate but as he is preserved and protected by this power or command And though government do differ as it hath been and yet is in many places of the world in specie viz. Monarchy Aristocracy and Democracy yet in all of them this power or command is the same and equal viz. Supreme And this power or command must be in one thing viz. in one man in one court in one people but if it be divided into two or more it is either supervacaneous or destructive for those two or more in whom this divided Empire does consist must either agree or disagree in the same thing if they agree to will or nill the same then it is supervacaneous for it had been all one if but one part had willed it and frustra fit per plura c. but if they disagree in willing or nilling the same thing it is destructive for it is impossible for the Subject to obey because the Law it self is a contradiction and if the Subject obeys one he disobeys the other and to obey neither brings Anarchy and confusion upon all the governed What is left then but the Subject to be divided aswell as the power and a Kingdom divided in it self cannot stand St. Mar. 3. 24. Neither are the Governors in whom this divided power or command does consist in any better case then the Subject for Nulla fides regni sociis omnisque potestas Lucan Impatiens consortis erit It were infinite to enumerate the sad consequences which division of Kingdoms have brought upon those Kingdoms where they were made Let any man look upon the Estate of the Roman Empire when it was divided by Constantine the Great among his three sons Constantinus Constantius Constans Nor did ever the Empire retain the name and dignity after the division made by Theodosius to his sons Arcadius and Honorius Nor was the Western Empire ever raised again to near the greatness it had in Charlemaines time after the division made by Lotharius Lewis and Charles sons of Lodovicus Pius and what horrible confusions followed upon the divisions is easie to be imagined whenas in the first Battel between the brethren was slain the greatest part of the Nobility of France and more men died in it then in any other battle that hapned in France since that fought between Ecius and Attila King of the Huns in the fields of Catalonia But that we may not go so far and yet find examples neerer home Rodry Maure or Rodry the great King of Wales Son of Mersyn Frith had issue three Sons Mervin Anarawd and Cadelh In the yeare when he dyed viz. anno dom 877. King Alfred alias Alured then reigning in England this Great Rodry divided his Kingdome of Wales into three Principalities The First he called Guyneth the English Northwales the Latinist Venedotia The Second Principality was called Powisland in Latine Powisia of some Westwales bordering upon England The Third he called Deherborth the English Southwales in Latine Demetia The First Principality some say he gave to Mervin others to Anarawd The Second to Anarawd some say to Cadelh The Third to Cadelh some say to Mervin The First was the best because it was quietest The Second often invaded and troubled by the English Into the Third often incursions were made by the English the Norman and Fleming The division of this Kingdom however it was wrought in process of time such a division between these Princes as it was never quiet untill it
one more then another so here all are Governors Now Government being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the predicament of relation This One Person and Freeborn People must forgive me if I do not understand it 11. Now if Monarchy be the best Government then Democracy is the Democracy the worst of Governments worst because most different from it He that will look further into the inconveniences of Popular Government let him read Hobbs de Cive cap. 10. 12. The woes pronounced by God to that Kingdom whose King is a The woful estate of men in Aristoracies Child Pro. 8. 15 16. Isa 3. 4. are as much or more to be feared in an Aristocracy For why may not Great men as well agree where the King is a Child as where there is no King at all If any of these Governments be monstrous and usurped This and Democracy are for God never instituted any such nor ever commanded any obedience to either nor was there ever any but originally were introduced by unjust violence and usurpation It is therefore just with God that they who would not be content to be governed and protected by his Ordinance should be perpetually obnoxious to Seditions Conspiracies and liable to serve many Masters and always liable to pay Soldiers wages to force them to perpetual slavery and poverty Under bad Kings innocent Subjects are protected from the Ambitious and their Tyranny extends usually to Courtiers and those who would unjustly usurp dominion over their Fellow-subjects Whereas bad Governors in States and Popular Governments bring unavoidably confusion and ruine upon the Governed in general Object I do expect to have the State of Venice opposed to this assertion of all Democratical and Aristocratical Governments being originally usurped Sol. But if it be true as we shall hereafter demonstrate that subjection of Subjects to rightful Princes does depend upon higher then any humane or voluntary causes And therefore it was truly resolved by all the Judges of England That Natural Allegiance is not circumscribed to any place Then although the Empire was much rent with divisions could not the Calvins case tit 4. page 7. Venetians although driven by the fury of Attila's excursions into those Isles of the Adriatique sea where Venice now stands for their preservation free them from their obedience and subjection due to Valentinian nor without usurpation and wrong to him could they erect themselves into an Aristocracy 13. Perfection consists in Integrals and where any thing is not Aristocracy and Democracy are imperfect Governments made up of all the parts of it there that thing is deficient and imperfect But the Government of Aristocracy and of Democracy does not consist of the whole part of the Men governing but of the major part The Governments therefore of Aristocracies and Democracies are deficient and imperfect Governments Socrates asks Euthyphro Whether in every action one and the same Annot. Plato Euthyphro thing be the same thing to it self pious or holy and in like manner Whether an impious or profane thing plainly contrary to an holy thing Euthyphro assents to it Socrates bids Euthy define what is holy what profane Euthy defines holy to be the doing the will of the Gods and profane to do contrary to the will of the Gods Socrates asks Euthy Whether the Gods had all the same will and whether it were true which the Poets Painters and Preachers report of the Gods that there was war great counterfeiting and fights among the Gods Euthy confesses it and more marvellous things which the common people were ignorant of Socrates asks Euthy If a holy thing be grateful to God and a holy man be acceptable to God whether holy and profane can be the same thing or whether they be not plainly contrary to one another Euthy confesses it Socrates asks Euthy if the controversies wars and dissentions among the Gods were concerning things just and unjust good and bad honest and dishonest Euthy confesseth it Socrates asks Euthy Whether in all matters of controversie men must not have recourse to some certain Rule to which with an indifferent mind they must submit Euthy confesseth Socrates asks Euthy Whether they might not have recourse to the will of the Gods whether that thing and controversie between them were good or bad just or unjust Euthy assents Socrates asks Euthy Since that the dissentions of the Gods were concerning things just and unjust whether this thing might not put them into dissentions and wars Euthy confesseth Socrates asks Euthy Whether the Gods do think other things just and unjust honest and dishonest good or bad and that they could not be at strife unless about these things Euthy assents they could not Socrates asks if the Gods love things good and just and hate and persecute those things contrary to them Euthy grants Socrates asks Whether some of the Gods might not think the same things just others unjust and while they dissent about those things stir up sedition and wars among themselves Euthy confesseth The same things therefore the Gods both love and hate and those things which are envied by some are grateful to other of the Gods and the same things sacred and prophane which Euthy could not deny Such is the condition of men in Aristocracies and Democracies that while they seek to please one part of their Governors they displease another Nor can men in such a condition be secure that obeying one part they shall displease another part and so excite them to endless debates and war The sad and woful truth of these things this poor Nation hath of late made sufficient trial of 14. There is nothing in this world but is subject to humane frailty The incommodities of Monarchy no Roses without prickles And though Monarchy be the best of Governments yet so long as it is exercised by Men and since Kings are but Men and therefore subject to humane frailty it cannot be expected that all Kings should so perfectly exercise their authority but that some mischiefs will happen from them Nor indeed can it be imagined but some mischiefs will happen to particular men from the best of Humane Laws yet without Humane Laws and Government can never the inconvenience of Tumults and Confusions be avoided The Objections against Monarchy are usually First That in the infancie of a King all things are subject to confusion and alteration It is true and therefore God pronounceth such an estate Prov. 8. 16. woful Yet is such an estate no worse then Aristocracy which is better then Democracy Secondly That subsequent Kings do not desire to rule by the Laws made by their Ancestors but by Laws made by themselves and so their Subjects are always in an unsetled condition and subject to alterations The Laws of the Medes and Persians were unalterable yet the Government was always Monarchy And let a man look into all places of the known world where the Government is Hereditary Monarchy if the Government be not
this opinion are all Christian Princes made in a worse condition then Infidel or Mahumetan and subject to the Spiritual powers in their Temporal jurisdiction But mutato nomine a new generation of men have sprung up and changed Bonum temporale sequitur in ordine ad bonum spirituale into The wicked have no right to their goods and It is lawful for the children of Israel to rob the Egyptians 11. The King is greater then the Singulars and less then all his Subjects Rex major singulis c. is a seditious opinion is a Fools bolt shot at such random that it is not worth the measuring whether it be near the mark or not For not only all Subjects owe their obedience as much as every one but never was any Prince universally rejected or disobeyed by his Subjects 12. See Sir Ed. Coke 3. par Inst pag. 9. On si homme leva guerre encontre That Subjects may upon any prerence levy war without consent of the Supreme power a seditious opinion See Calv. case 11 12. nostre Seignieur le Roy This was High Treason by the Common Law for no Subject can levy War within the Realm without authority from the King for to him it only belongeth And a little after If any levy War to expulse strangers to deliver men out of prisons to remove Councellors or any other end pretending Reformation of their own heads without warrant this is a levying of War against the King because they take upon them the Royal authority which is against the King 13. Let no Prince ever hope for obedience from his Subjects who Negligence in the worship of God takes no care that God be duly served by them For where the fear of God is not men will not honor their King but are disposed to sedition 14. Honor is nothing else then the estimation of anothers power Contempt of the Regal power disposes men to sedition viz. That a man hath power to protect reward and punish another And prudent Princes ought so to maintain the reputation of this in their Subjects that it may be received and believed of all For besides that ill men will where there is no fear of punishment become more licentious generally all men ambitiously where they are not restrained by fear desire to insult over their Superiors Aesop gives an Item of this last in the Fable of the Logg which Jupiter gave the Frogs for their King when they became fearless of it every one jumped insultingly upon it And examples of the former are clearly seen in men who condemned for offences to death they penitently acknowledge their faults and desire forgiveness of that Power that puts them to death whereas scarce any offender fearless of punishment did ever submit and ask forgiveness for it Princes therefore ought principally to take care how either by their vices remiss Government or otherwise they make their persons or power contemptible for when power is contemptible the exercise of it is never permanent 15. If the Age tends to worse and men of this latter Age have been Concessions of Princes to their Subjects disposes them to sedition worse then in the precedent as men generally hold and if Princes power in Ages when Mankind did not so fast degenerate into all forbidden wickedness were not sufficient at all times to restrain the seditions and disorders of their Subjects then is it a most unreasonable thing in Princes to indulge this ambitious desire of their Subjects by granting them liberties and priviledges which they had not before And if any man can shew that ever any where in the world Princes did make their Subjects better by granting them a more then usual liberty but only made them more arrogant to demand more until their Majesties and Authorities became so contemptible that in stead of governing their Subjects they must be content to have what terms their Subjects please to impose upon them or to reject them which in the end they will assuredly do I will be content to believe Princes do prudently by granting to their Subjects all their real Prerogatives and retaining only or some small matter more then the empty Title 16. It is not only the office of a Prince that good Laws be made but If Laws be not carefully executed that they be carefully put in execution There is no man who does not will and desire to be happy but few men who are daily sollicitous and industrious to attain to happiness It is the part of foolish men only to will and wish but the part of prudent men to do wisely A man shall see it in a family where the Master only commands and never looks to the doing that in a short time though he commands much he will have little performed And where Subjects have gotten a licentious habit of neglecting or transgressing Laws it will prove a hard thing to reclaim them whereas they might have been easily preserved in their obedience by careful execution of the Laws 17. There is nothing more dangerous in Church or State then Innovation Alterations of Laws It is therefore the most secure way of governing when mens manners and vices do not require new Laws by the antient and received Laws of a Nation This will secure the Prince from the imputation of Tyranny he may better hope to preserve a strong house built upon a sure foundation then by destroying it to undertake to build another which he either knows not how to finish or having built it cannot hope it will be better then the other or cannot tell whether it will be of any continuance but falling will overwhelm him in the ruine of it Besides the Subjects from the example of their Prince will become studious of innovation and censure whatsoever Laws he prescribes in lieu of the old ones Those he gives if they please one will displease another it will be the only talk of the City Country and Market If he punish any opposer for it is not possible but disadvantage will be to many and the loser will speak he shall by all his faction be cried up for a Martyr and Patriot of his Country and Laws It will make Subjects diffident of their condition and fearful that having Property by the old Laws they shall lose all by new ones Yet there is nothing in this world can secure men and make their condition permanent For what is usually objected by seditious men against their Prince viz. the invading and not suffering freeborn Subjects to have the benefit of their antient Laws and Customs was imputed a crime to our late King who was persecuted by his own Subjects because he adhered to the known and received Laws of the Land for after the year 1642. there was not any Petition presented to the King by one or both Houses of Parliament but was against the established Laws of this Nation But no question it was not the Kings adherence to the Laws but the iniquity
vero Regi prout ipsa feret facti ratio satisfacito aut graves sceleris admissi poenas rex ipse repetito Christiana siquidem fide imbuti regis est Deo illatas graviter pro facti ratione ulcisci injurias If any one entred into Holy Orders or one living with him be imposed upon or cheated in those things which belong to his estate or life then let the King himself unless he can procure it otherwise be to him in place of Patron and Kindred but the Cheator shall make the King satisfaction according to the valure of the fact or the King himself shall take great punishment of the wickedness committed for it is the part of a King endued with Christian religion severely to punish injuries according to the quality of the deed offered to God 10. For the proving of this Sir Edward Coke in the Proeme to the The antient Common-law did not admit of Appeals to Rome in cases Spiritual sixth Part of his Reports cites an Act of Parliament made 10 H. 2. an 1164. where it was enacted As concerning Appellations if any shall arise from the Archdeacon they must proceed to the Bishop from the Bishop to the Archbishop and if the Archbishop do fail in doing Justice it must lastly come to the King that by his precept the controversie may be ended in the Archbishops Court so that there ought not to be any proceeding further without the assent of the King And that this among many other might not taste of innovation the Record saith This recognition or record was made of a certain part of the customs and liberties of the Predecessors of the King to wit of Henry his Grandfather and of other Kings which ought to be observed in the Kingdom and held of all for the dissentions and discords often arising between the Clergy and our Soveraign Lord the Kings Justicers and the Peers of the Realm And all the Archbishops Bishops Abbots Priors Clergy with the Earls Barons and all the Nobles c. have sworne and assuredly promised in the word of mouth in one consent to keep and observe the said recognition toward the King and his heirs in good sooth without evil meaning for ever 11. The Revenue of Danegelt was first enacted because of Pyrates The Kings before the Conquest by their own authority did impose Taxes upon Church-lands For infesting the Country they did persist as much as they could to the devastation of it And to repress their insolence the yearly return of Danegelt was enacted viz. Twelve pence for every Hide of all the Country Mr. Selden in lib. 2. cap. 4. Analecton Anglobritannicon fol. 77. makes a Hide of land to be as much as could be tilled by one plough in a year Mr. Lambert in the Laws of King Edward fol. 128. makes a Hide to be one hundred acres of land to maintain them who should resist the irruption of the Pyrates when they met them But from the Danegelt every Church should be free and quiet and all land which was in the dominion of the Church wheresoever it lay paying nothing at all in such redemption for men did more confide in the prayers of the Church then in the defence of arms But if Lex vult non supervacaneum then is it clear that the Church-lands were liable to be taxed by the King for it had been a supervacaneous thing to have excepted the lands of the Church in this Law if the lands of the Church had not been liable to have been taxed at all And to manifest more clearly that the exemption of Church-land from Taxes was a meer concession of our Kings take the Stat. of Ethelulph the successor of Egbert written Analect Angl. lib. 2. cap. 4. pag. 77. with his own hand Our Lord reigning for ever Whilst that we see perillous times in our days the fire of war the taking away of our goods together with the cruel depredations of our destroying enemies and barbarous Pagan nations do lie upon us the multiplied tribulations do afflict us even to utter destruction Wherefore I Ethelulph King of the West-Saxons with the councel of the Bishops and my Princes giving wholsom councel and the only remedy have consented I have determined that every portion given to the holy Church whether of either Sex serving God or to miserable Lay-men always the tenth Mansion where it is least or the tenth part of all Goods be made for ever free that it be safe and defended from all secular services yea from the Kings greater or lesser tributes or the taxations which we call Winterden and that it be free of all things for the forgiveness of our souls and sins to serve God alone without Expedition building of Bridge and fortifying of Castle 12. If King Ethelbert were obliged to S. Gregory for the Conversion At what time the Pope first usurped jurisdiction over the Crown of England of the English Saxons to the Faith Prince Edgar Athelin was smally beholding to Pope Alexander 2. For Edgar being Grandson to Edmund Ironside and the undoubted Heir to the English Monarchy after the death of Edward the Confessor Alexander not only allows the Conquerors pretensions to the Crown of England but interdicts all those who should Speed fol. 405. par 27. See the effects of the Popes curse Speed fol. 415. par 2. oppose him So that though Harold were an Usurper yet was his Holiness his Interdiction as much against the undoubted Title of Edgar as against Harold Nor were all titles of rights and interests of the English Monarchy ever perfect and compleat from that time until they were all united and perfected in King James 13. How far the Britanick Churches were from any dependence upon At what time the first contest hapned between the King Pope about the investiture of Bishops the Church of Rome we have already shewed And so free were the Churches of England under the Saxon Kings before the Conquest that before the Appeal of Anselm Archbishop of Canterbury to Pope Paschal 2. scarce any Appeal was ever made to Rome but that of Wilfreds which was overruled by the King and Church So that for near a thousand years after the Conversion of the Britains and Saxons to the Faith although by means of S. Eleutherius and Gregory the Great we do not find any thing which may prove the superiority of the Roman Church over either the Britanick or English And how strange a thing the investiture of the English Bishops by the Pope was to the King and Kingdom of England appears by the Letter of Paschal to Anselm in answer to Anselm's Significasti Reges De Elect. Pet. cap. 4. Regni Majores admiratione promotos c. You have signified to me that Kings and Nobles were moved with admiration that the Pall was offered to you by our Ministers upon condition that you should take an Oath which they brought you written from us And the King not only opposed
peace of the Realm that they which be indicted of such offences by solemn Inquest of lawful men in the Kings Court in no manner shall be delivered without due purgation so that the King shall not need to proide any other remedy therein The Statute of Circumspectè agatis made 13 Ed. 1. 1285. Certain Cases wherein the Kings Prohibition doth not lie Cap. 1. The King to his Judges sendeth greeting Use your selves circumspectly in all matters concerning the Bishop of Norwich and his Clergy not punishing them if they hold plea in Court Christian of such things as be meerly Spiritual that is to wit of Penance injoined by Prelates for deadly sin of Fornication Avowtry and such like for the which sometimes corporal penance and sometime pecuniary is enjoined specially if a Freeman be convict of such things As also Prelates do punish for leaving the Church-yard unclosed or for that the Church is uncovered or not conveniently decked in which cases none other penance can be enjoined but pecuniary Item If a Parson demand of his Parishioners Oblations or Tithes due and accustomed or if any Parson do sue against another Parson for Tithes greater or smaller so that the fourth part of the value of the benefits be not demanded Item If a Parson demand Mortuaries in places where a Mortuary hath been used to be given Item If a Prelate of a Church or a Patron demand of a Parson a Pension due to him All such demands are to be made in a Spiritual Court And for laying violent hands on a Clerk and in case of Defamation it hath been granted already that it shall be tryed in a Spiritual Court when money is not demanded but a thing done for punishment of sin and likewise for the breaking of an Oath In all cases afore-rehearsed the Spiritual Judge shall have power to take knowledge notwithstanding the Kings Prohibition Statutum de asportatis Religiosorum made Anno 35. Ed. 1. 1307. Cap. 1 Of late it came to the knowledge of our Lord the King by the grievous complaint of the Honorable persons Lords and other Noblemen of his Realm That whereas Monasteries Priories and other Religious Houses were founded to the honor and glory of God and the advancement of the Holy Church by the King and his Progenitors and by the said Noblemen and their Ancestors and a very great portion of Lands and Tenements have been given by them to the said Monasteries Priories and Houses and the Religious men serving God in them to the intent that Clerks and Laymen might be admitted in such Monasteries Priories and Religious Houses according to their sufficient ability and that sick and feeble men might be maintained Hospitality Alms-giving and other charitable deeds might be done and that in them prayers might be said for the souls of the said Founders and their heirs The Abbots Priors and Governors of the said Houses and certain Aliens their Superiors as the Abbots and Priors of Cistercienses and Promonstratenses and of the Order of S. Augustine and S. Benedict and many more of other Religion and Order have at their own pleasures set divers insupportable tallages payments and impositions uyon every of the said Monasteries and Houses in subjection unto them in England Ireland Scotland and Wales without the privity of our Lord the King and his Nobility contrary to the laws and customs of the said Realm and thereby the number of the said Religious persons and other servants in the said Houses and Religious places being oppressed by such tallages payments and impositions the service of God is diminished Alms be not given to the poor the sick and feeble the healths of the living and the souls of the dead be miserably defrauded Hospitality almsgiving and other godly deeds do cease And so that which in times past was charitably given to godly uses and to the increase of the service of God is now converted to an evil end by permission whereof there grows great scandal to the people and infinite losses and disheritances are like to ensue to the Founders of the said Houses and their Heirs unless speedy and sufficient remedy be provided to redress so many and grievous detriments Wherefore our Lord the King considering that it would be very prejudicial to him and his people if he should any longer suffer so great losses and injuries to be winked at And therefore being willing to maintain and defend the Monasteries Priories and other Religious houses erected in his Kingdom and in all Lands subject to his dominion and from henceforth to provide sufficient remedy to reform such oppressions as he is bound By the counsel of his Earls Barons Great men and other Nobles of his Kingdom in his Parliament holden at Westminster in the 35. year of his reign hath ordained and enacted Religious persons shall send nothing to their Superiors beyond the Sea Cap. 2 That no Abbot Prior Master Warden or any other Religious person of whatsoever condition state or religion he be being under the Kings power or jurisdiction shall by himself or by merchants or others secretly or openly by any device or means carry or send or by any other means cause to be sent any Tax imposed by the Abbots Priors Masters or Wardens of Religious houses their Superiors or assessed amongst themselves out of the kingdom and his dominion under the name of a rent tallage or any kind of imposition or otherwise by way of exchange mutual sale or other contract however it may be termed Neither shall depart into any other country for visitation or upon any other colour by that means to carry the goods of their Monasteries and Houses out of the Kingdom and Dominion aforesaid And if any will presume to offend this present Statute he shall be grievously punished according to the quality of his offence and according to his contempt of the Kings prohibition No Impositions shall be taxed by Priors Aliens Moreover our Lord the King doth inhibit all and singular Abbots Priors Masters and Governors of Religious houses and places being Aliens to whose authority subjection and obedience the Houses of the same Orders in his kingdom and domion be subject that they do not at any time hereafter impose or by any means assess any tallages payments charges or other burdens whatsoever upon the Monasseries Priories or other Religious houses in subjection to them as is aforesaid and that upon pain of all they have or may forfeit By whom the Common Seal of an Abbey shall be kept and how used And further our Lord the King hath ordained and established that the Abbots of the Orders of Cisterciensis and Promonstratensis and other Religious Orders whose Seal hath heretofore been used to remain only in the custody of the Abbot and not of the Covent shall hereafter have a Common Seal and that shall remain in the custody of the Prior of the Monastery or House and four of the most worthy and discreet men of the Covent of the same House to
12. twenty nine Abbots and Priors for so many then were Lords of Parliament It is declared That where by divers sundry old authentique Histories and Chronicles it was manifestly declared and expressed that this Realm of England is an Empire and has been so accounted in the world governed by one Supreme Head and King having the dignity and Royal estate of the Imperial crown of the same unto whom a Body Politique compact of all sorts and degrees of people divided in terms and by names of Spirituality and Temporality been bound and ought to bear next to God a natural and humble obedience He being also institute and furnished by the goodness of God with plenary whole and entire power preheminence authority prerogative and jurisdiction to render and yield justice and final determination to all manner of folk resiants or subjects within this his Realm in all causes matters debates and contentions happening to occur insurge or begin within the limits thereof without restraint or provocation to any Forein Princes or Potentates in the world The body Spiritual whereof having power when any cause of Law Divine happened to come in question or of Spiritual Learning that it was declared interpreted and shewed by that part of the said body Politique called the Spiritual body then being usually called the English Church which always hath been reputed and also found of that sort that both for knowledge integrity and sufficiency of number it has been always thought and was also at that houre sufficient and meet of it self without the intermedling of any exterior person or persons to declare and determine all such doubts and to administer all such offices and duties as to the the rooms Spiritual did appertain For the due administration whereof and to keep them from corruption and sinister affection the Kings noble Progenitors and Antecessors of the Nobles of this Realm have sufficiently endowed the said Church both with honor and possessions And the Laws Temporal for trial of Property of Lands and Goods and for the conservation of the people of this Realm in unity and peace without rapine and spoil was and yet is administred adjudged and executed by sundry Judges and Ministers of the other part of the said Body Politique called the Temporalty And both their Authorities and Jurisdictions do conjoin together in the due administration of Justice the one to help the other This Statute does moreover affirm that Ed. 1. Ed. 3. Rich. 2. H. 4. and other Kings did make divers Laws Ordinances Statutes c. for the entire and sure conservation of the prerogatives liberties and preheminences of the said Imperial Crown and of the Jurisdictions Spiritual and Temporal of the same to keep it from the annoyance as well from the See of Rome as from other Forein Potentates and does make all Causes determinable by any Spiritual jurisdiction to be adjudged within the Kings authority All First-fruits and all contributions to the See of Rome by any Bishop St. 25. H. 8 cap. 20. were forbidden upon pain of forfeiture of all the goods and cattals for ever and all the Temporal lands and possessions of every Archbishoprick or Bishoprick during the time that he or they who offend contrary to the said Act shall possess and enjoy the said Archbishoprick or Bishoprick And that if any presented to the See of Rome by the King to a Bishoprick and he be there delayed he may be consecrated by an Archbishop in England and that an Archbishop presented to the See of Rome to be there consecrated and there letted may be consecrated by two Bishops of England And because the Pope hereof informed did not redress and reform the said exactions nor give answer to the Kings mind therefore the said Statute did prohibit any man to be presented to the See of Rome for the dignity of an Archbishop or Bishop or that any Annates or First-fruits be paid to the Bishop of Rome and that upon the avoidance of any Archbishoprick or Bishoprick the King his heirs and successors may grant to the Prior and Covent or Dean and Chapiter of the Cathedral Churches or Monasteries where the See of such Archbishoprick or Bishoprick shall happen to be void a Licence under the Great seal as of old time hath been accustomed to proceed to Election of an Archbishop or Bishop of the See so being void with a Letter missive containing the name of the person which they shall elect and choose and for default of such Election the King by his Letters Patents may nominate an Archbishop or Bishop and that every Archbishop Bishop to whose hands any such presentment or nomination shall be directed shall with speed invest and consecrate the person nominated and presented by the King his heirs and successors And if any Archbishop or Bishop Prior and Covent Dean and Chapiter shall for the space of twenty days next after such Licence or Nomination come to their hands neglect or shall execute any Censures Excommunications Interdictions c. contrary to the execution of any thing contained in this Act that then they incur the penalty of a Praemunire An act concerning the exoneration of the Kings subjects from exactions St. 25. H. 8. cap. 21. and impositions before that time paid to the See of Rome and for having Licences and Dispensations within this Realm without suing further for the same The King shall be reputed Supreme Head of the Church of England St. 26. H. 8. cap. 1. and have authority to reform and redress all Errors Heresies and abuses in the same Every Archbishop and Bishop disposed to have a Suffragan may elect 26 H. 8. c. 14. discreet Spiritual persons being learned and of good conversation and present them under their seals to the King making humble request to his Majesty to give to one of the two such title name stile and dignity of Bishop of such of the Sees as the King shall think fit and that every such person to whom the King shall give any such stile and title of the Sees abovenamed viz. the Towns of Thetford Ipswich Colchester Dover Gilford Southampton Taunton Shaftsbury Molton Marlborough Bedford Leicester Glocester Shrewsbury Bristow Penrith Bridgwater Nottingham Grantham Hull Huntington Cambridge and the Towns of Perth and Barwick S. Germans in Cornwal and the Isle of Wight shall be called Bishop Suffragan of the same See whereunto he shall be named and that every Archbishop and Bishop for their own peculiar Diocese may and shall give to every such Bishop Suffragan such Commissions as have been accustomed for Suffragans heretofore to have or else such Commissions as by them shall be thought requisite reasonable and convenient And that no Suffragan shall use any ordinary jurisdiction or Episcopal power otherwise nor longer time then shall be limited by such Commission upon pain of the penalties mentioned in the Statute of Provisions made the 16. of Rich. 2. The King shall have authority to name Thirty two persons sixteen
with the Opinion of Learned men That the marriage with his Brothers wife was contrary to the Law of God and void The King not expecting the Popes sentence anno 1533. marries his beloved Anne but such love is usually too hot to hold for about two years after he cut off her head yet the King did not wholly renounce the Papacy but still expecting the Popes sentence The Pope for the reasons aforesaid not desiring to end the business The slow proceedings of the Pope but to expect advantage from time reduces the matter into several points or heads which he would have particularly disputed and at the time of the Kings marriage with Anne was not got further then the article of Attentates in which the Pope gave sentence against the King that it was not lawful for him to put away his wife by his own authority without the Ecclesiastical Judge For which cause the King in the beginning of 1534. denied the Pope his obedience commanding his Subjects not to pay any money to Rome nor to pay the ordinary Peter-pence This infinitely troubled the Court of Rome and they daily consulted of a remedy Some thought to proceed against the King with censures and to interdict all Christian nations all commerce with England But the moderate counsel pleased best to temporise with him and to mediate a composition by the French King K. Francis accepted the charge and sent the Bishop of Paris to Rome to negotiate a Pacification with the Pope where they still proceeded in the cause gently and with resolution not to come to censures if the Emperor did not proceed first or at the same time with his forces They had divided the cause into twenty three articles and then they handled whether Prince Arthur had had carnal conjunction with Queen Katherine in this they spent time till Midlent was past when the 19. of March news came that a Libel was published in England against the Pope and the whole Court of Rome and besides a Comedy had been made in presence of the King and Court to the great disgrace and shame of the Pope and every Cardinal in particular For which cause all being inflamed with choler ran headlong to give sentence which was pronounced in the Consistory the 24. of the same month That the marriage between Henry and Katherine was good that he was bound to take her to wife and that in case he did not he should be excommunicated But the Pope was soon displeased with this precipitation For six days His rash censure repented of after the French Kings letters came That the King was content to accept the sentence concerning Attentates and to render obedience upon condition that the Cardinals whom he mistrusted should not meddle in the business and that persons not suspected should be sent to Cambray to take information â—and and the King had sent his Proctors before to assist in the Cause at Rome Wherefore the Pope went about to devise some pretence to suspend the precipitate sentence and again to set the cause on its feet But the King so soon as he had seen it said It was no matter for the Utterly loses the obedience of England Pope should be Bishop of Rome and himself sole Lord of his Kingdom And that he would do according to the antient manner of the Eastern church not leaving to be a good Christian nor suffering the Lutheran Heresie or any other to be brought into his Kingdom From that time forward Henry the Eighth of a zealous Assertor of the No anger lost between the King Pope Papacy both by pen and purse became the first and greatest Opposer of it of all the Western Christian Princes for the Eastern Christian Princes except sometimes the Emperors of Greece and the Kings of Holy Land did seldom or never submit to the Papacy in her Spirituals yet did he afterwards seed to be reconciled to the Pope even by means of his Nephew Charls the Fifth Nor were the Popes much behind hand with him For besides Clement's petty Excommunication Paul the Third Anno 1538. thundred out such a terrible Excommunication against him as the like was never heard of which deprived him of his kingdom and his adherents of whatsoever they possessed commanding his Subjects to deny him obedience and Strangers to have no commerce in the kingdom and all to take arms against and persecute both him and his followers granting them their states and goods for their prey and their persons for slaves But the Popes anger ended in words whereas the Kings deeds took place against the Pope But what there was in all the Kings reign which might be called Reformation What was the Kings Reformation I do not understand For whatsoever the King took from the Pope except Peter-pence he ascribed to himself If the Pope would be Head of the Catholique Church the King would be Head of the Church of England If the Pope challenged Annates and First-fruits of the Bishops and Clergy the King would do no less If the Pope did give Abbots and Priors power being Ecclesiastical persons to make divers Impropriations to their benefit the King will take a power to take them all away and convert them into Lay-fees and incorporate them so into particular mens estates that they shall never return to the Church more Nor had he any love or desire of Reformation of the Church but only to the Church-lands for all the Rites Ceremonies and Religion of the Church of Rome was continued and that with such bloody cruelty that a Stranger going over Smithfield one day and seeing two men there executed one for denying the Kings Headship of the Church and another for subscribing to the Six Articles cryed out Bone Deus quomodo hic agunt vivi hic suspenduntur Papistae ibi comburuntur Antipapistae And so zealous did he continue herein that Pope Paul the Third after he had fulminated so dreadfully against him Hist Conc-Trid fol. 90 proposed him for an Example to be imitated by Charls the Fifth Although such was the temper of this Prince that he never spared man The exclusion of the Papai jurisdiction was an act of the King Kingdom and Church of England in his rage woman in his lust nor any thing which might be called sacred in his avarice yet so absolute was he that his Divorce was attested by both the Universities at home besides that at Paris abroad his freeing himself and the Nation from the jurisdiction of the Pope was not only assented to by a Synod and Convocation of all the Clergy of England but the English and Irish Nobility did make their submissions by an Indenture to Sir Anthony Sellinger then chief Governor of Ireland wherein they did acknowledge King Henry to be their lawful Soveraign and confessed the Kings Supremacy Bram. Vind. of the Church of England p. 43. in all causes and utterly renounced the Pope But Divorce banishing the Papal authority
suffet imprisonment for six moneths without bail or mainprize And for the second offence shall suffer a years imprisonment and be deprived of all his spiritual promotions and for the third offence shall suffer imprisonment during life It was Enacted that the Justices of Oyer and Terminer and Justices of Assize should have power and authority in the open and general Sessions to hear and determin the offences committed against this Act yet so that every Archbishop and Bishop had liberty to joyn and associate himself to the said Justices of Oyer and Terminer or to the Justices of Assize All books called Antiphoners Missals Grails Portuasses Primers in Latine An. 3. 4. Ed. 6. Cap. 10. or in English and other books used for service in the Church saving such as are set forth by the Kings Authority shall be clearly abolished All Images graven painted or carved taken out of any Church or Chappel and the aforesaid books shall be defaced or openly burnt Such form and manner of making and consecrating of Archbishops and Anno 3 4. Ed. 6. Cap. 12. Bishops Priests and Deacons and other Ministers of the Church as by six Prelates and six other men of this Realm learned in the Law of God by the King to be appointed and assigned or by most of the number of them shall be devised for that purpose and set forth under the Great Seal before the first of April next coming shall be lawfully exercised and used and none other An Act for uniformity of Prayer and administration of the Sacraments An. 5. 6. Ed. 6. Cap. 1. in the English Tongue and that every person upon every Sunday and Holiday having no lawful cause to be absent do resort to his Parish-Church and they which refuse are to be punished by the censure of the Church and that all persons who shall be at any other common prayer or Sacraments shall for the first offence suffer Imprisonment for six moneths without bail or mainprise for the second Imprisonment during a whole year and for the third Imprisonment during life All the Sundays of the year the Feast of our Lord Jesus his Circumcision of the Epiphany of the Purification of the blessed Virgin of St. Matthew An. 5. 6. Ed. 6. Cap. 2. the Apostle of the Annunciation of the blessed Virgin of St. Mark the Evangelist of St. Philip and Jacob the Apostles of the Ascension of our Lord Jesus Christ of the Nativity of St. John the Baptist of St. Peter the Apostle of St. James the Apostle of St. Barthelomew the Apostle of St. Matthew the Apostle of St. Michael the Archangel of St. Luke the Evangelist of St. Simon and Jude the Apostles of All Saints of St. Andrew the Apostle of St. Thomas the Apostle of the Nativity of our Lord of St. Stephen the Martyr of St. John the Evangelist of the holy Innocents Munday and Tuesday in Easter-week Munday and Tuesday in Whitson-week are to be observed and kept for Holy days and none other And that every even or day next going before any of the aforesaid days of the Feasts of the Nativity of our Lord of Easter of the Ascension of our Lord Pentecost of the Purification of the Annunciation of the blessed Virgin of all Saints and of all the Feasts of the Apostles other then the Feasts of St. John the Evangelist and Philip and Jacob shall be kept for fasting days and none other Archbishops Bishops in their Dioces and all other having Ecclesiastical or Spiritual Jurisdiction may enquire of every person offending in the premises and punish every offender by censures of the Church and enjoyn him such penance as by the spiritual Judge shall be thought meet This Statute does not abrogate abstinence from flesh in Lent and Fridays and Saturdays or any day appointed to be kept by vertue of an Act made the second and third Ed. 6. Cap. 19. When any Holy day happens on the Munday the fast of that day shall be kept upon the Saturday immediately before and not upon the Sunday A view of the Reformation of Ed. 6. and of the lawfulness of it That the Book of commom Prayer Administration of the Sacraments The Reformation made by Ed. 6. was not meerly a civil sanction and other rites and ceremonies of the Church after the use of the Church of England was framed and composed by the Archbishop of Canterbury and certain of the most learned and discreet Bishops of the Land assembled to that purpose by the King is clearly expressed in the Preface to the Act of the 2. 3. Ed. 6. Cap. 1. The right that Christian Kings have to call and assemble Synods It is no new thing for Kings to assemble the Bishops and Church to redress and reform errors Councels and Convocations for the redress and reformation of errors and corruptions in the Church is properly the subject of another Treatise but that the Kings and supream Powers before Christianity under the old Law from Moses to Maccabees did always use it and that the first great Nicene Councel the second general Councel at Constantinople the third at Ephesus the fourth at Calcedon the fifth at Constantinople the sixth at Constantinople the seventh at Ephesus were all called by Christian Emperors is manifested by the Bishop of Winchester Andrews in the Sermon of the Right and Power of calling Assemblies nor were the general Councels convoked by Emperors but the Emperors and Kings did convoke and assemble Provincial and National Assemblies and Synods He shews that the Bishop of Syracuse in Sicily and Restitutus Bishop of London in Britain were summoned to a Synod in France by the Emperor Constantine ' Writ onely this was in the beginning of his Reign in the latter end of it in the thirtieth year of his Reign and the year before his death he called the Councel at Tyre and from thence removed it to Jerusalem and from thence called them to appear before himself at Constantinople After him Constans called one at Sardis Valentinian at Lampsacus Theodosius at Aquileia Gratian at Thessalonica Nay when the Emperors were professed Arrians even then did the Bishops acknowledge their power to call Councels came to them being called sued to them that they might be called came to them as Hosius to that of Arimine Liberius to that of Sirmium and that of Seleucia sued for them as Liberius to Constantius as Leo to Theodosius for the second Ephesine Councel Innocentius to Arcadius and sometime they sped as Leo and sometime not as Liberius and Innocentius and yet when they sped not they held themselves quiet and never presumed to draw themselves together of their own heads After the Empire fell in pieces and the Western Empire fell into the hands of Kings in Italy Theodoric called one at Rome Alaric at Agatha In France Clowis the first Christian King there called one at Orleans Childebert at Auvern Theodebert called another at Orleans and Cherebert at Toures And
after them Gunthramn Clowis Carloman and Pepin at Masscon first and second at Chalons That which is called Francia and that which is in Vernis Twenty of them at least in France In Spain by ten several Kings in two Councels at Braccara and in ten at Tolledo by the space of three hundred years together And how under what terms Peruse the Councel themselves their very acts spake Ex praecepto Imperio Jussu Sanctione Nutu Decreto Ex evocatione Dispositione Regis One saith Potestas permissa est nobis another facultas data est nobis a third Injunctu est nobis á rege and this for about eight hundred years after Christ Then arose another Empire here in the West under Charls the Great and he called six several Councils at Frankfort Arles Tours Chalons Mentz and Rhemes And what says he in them In that at Rhemes In conventu mere priscorum Imperatorum congregato à piissimo Domino nostro Carolo That he called that Convention by no other right then as the manner of the antient Emperors had been to do After him Ludovicus Pius Lotharius Ludovicus Balbus Carolus Calvus Carolus Crassus and Arnulphus at the several Councils of Aken Mentz Melden Wormes Colen and Tribur and so held it nine hundred years after Christ for about that year a year or two over or under was holden the Council at Tribur in Germany by the Emperors decree and himself President in it Nor are the Kings of England less absolute then either Emperors Kings of Spain or France And see B. Bramhalls Just Vindication of the Church of England cap. 7. how the Emperors Kings of France Spain and Portugal have by their own authority convened National and Provincial Councils which have not only determined without the Papal authority but very often in contradiction to it Nor are either the English or British Churches or ever were less free then the Gallicane the liberties whereof in the Chapter aforesaid are set down viz. 1. The Pope cannot command or ordain any thing directly or indirectly concerning any Temporal affairs within the Dominions of the King of France 2. The Spiritual authority and power of the Pope is not absolute in The priviledges of the Gallican Church France but limited and restrained to the canons and rules of the antient Councils of the Church and received in that Kingdom 3. No command whatsoever of the Pope can free the French Clergy from their obligation to obey the commands of their Soveraign 4. The most Christian King hath had power at all times according to the occurrence and exigence of affairs to assemble or cause to be assembled Synods Provincial or National and therein to treat not only of such things as concern the conservation of the Civil estate but also of such things as concern Ecclesiastical order and discipline in his own dominions and therein to make Rules Chapters Laws Ordinances and Pragmatique Sanctions in his own name and by his own authority Many of which have been received among the Decrees of the Catholique Church and some of them approved by General Councils 5. The Pope cannot send a Legate à latere into France with power to reform judge collate dispence or do such things accustomed to be specified in the autoritative Bull of his Legation except it be upon the desire or with the approbation of the most Christian King Neither can the said Legate execute his charge until he hath promised to the King in writing under his oath upon his holy Orders not to make use of his Legantine power in the Kings dominions longer then it shall please the King and that so soon as he shall be admonished of the Kings pleasure to forbid it he shall give it over And that whilst he doth use it shall be exercised conformable to the Kings will without attempting any thing to the prejudice of the Decrees of General Councils or the Liberties and Priviledges of the Gallicane Church and the Universities of France 6. The Commissions and Bulls of the Popes Legate are to be seen examined and approved by the Court of Parliament and to be registred and published with such cautions and modifications as that Court shall judge expedient for the good of the Kingdom and to be executed according to the said cautions and not otherwise 7. The Prelates of the French Church although commanded by the Pope for what cause soever it be may not depart out of the Kingdom without the Kings commandment or licence 8. The Pope cannot by himself or his delegates judge any thing which concerns the state preheminence or priviledges of the Crown of France nor any thing pertaining to it nor can there be any question or process about the state or pretensions of the King but in his Courts 9. Papal Bulls Citations Excommunications c. are not to be executed in France without the Kings command or permission and after permission only by the authority of the King and not by authority of the Pope to shun mixture and confusion of Jurisdictions 10. Neither the King nor his Realm nor his Officers can be excommunicated or interdicted by the Pope nor his Subjects absolved from their Oath of Allegiance 11. The Pope cannot impose Pensions in France upon any Benefices having cure of souls nor upon any others but according to the canons according to the express condition of resignation or ad redimendum vexationem 12. All Bulls and Missives which come from Rome to France are to be seen and visited to try if there be nothing in them prejudicial in any manner to the estate and liberties of the Church of France or to the Royal authority 13. It is lawful to appeal from the Pope to a future Council 14. Ecclefiastical persons may be convented judged and sentenced before a Secular Judge for the first grievous or enormous crime or for lesser offences after a Relapse which renders them incorrigible in the eye of the Law 15. All places of France are obliged to swear fealty to the King and to receive from him investitures for their fees and manors 16. The Courts of Parliament in case of Appeals as from abuse have right and power to declare null void and to revoke the Popes Bull and Excommunications and to forbid the execution of them when they are found contrary to Sacred Decrees the liberty of the French Church or the Prerogative Royal. 17. General Councils are above the Pope and may depose him and put another in his place and take cognisance of Appeals from the Pope 18. All Bishops have their power immediately from Christ not from the Pope and are equally successors of S. Peter and of the other Apostles and Vicars of Christ 19. Provisions Reservations Expective graces c. have no place in France 20. The Pope cannot exempt any Church Monastery or Ecclesiastical body from the jurisdiction of the Ordinary nor erect Bishopricks into Archbishopricks nor unite them nor divide them without the Kings licence 21. All those are not Hereticks
28. H. 8. 7. for the establishment of the succession of the Imperiall Crown of this Realm that concerneth a Prohibition to marry within the Degrees expressed in the said Act. Stat. 31 H. 8. 9. authorising the King to make Bishops by his Letters Patents Stat. 32 H. 8. 38. concerning precontracts of Marriages and touching degrees of consanguinity Stat. 35 H. 8. 3. for ratification of the Kings Stile The corporall oath made in the Stat. of 35 H. 8. 1. that every Subject of this Realm should be bound to take against the power authority and jurisdiction of the See of Rome Stat. 37 H. 8. 17. That the Doctors of the Civill Law which were married might exercise Ecclesiasticall jurisdiction So much of that Statute of the first Ed. 6. 1. as contains certain Provisions Pains Penalties and Forfeitures for and against such as should by open preachings expresse words sayings writing printing overt-deed or act affirme or set forth That the King of this Realm for the time being is not or ought not to be the supreme head in earth of the Churches of England and Ireland nor of any of them or that the Bishop of Rome or any other person or persons other than the K. of England for the time being is or ought to be supreme head of the same Churches or any of them as in the said Act more at large may appear It is enacted that these clauses and other of the foresaid Act concerning the Supremacy and all and every branch article words and sentence in the same sounding or tending to the Derogation of the supremacy of the Popes Holiness or the See of Rome and all pains penalties and forfeitures made against them that should by any means set forth or extol the said Supremacy should from thenceforth be utterly void It did moreover generally repeal all clauses sentences and articles of every other Statute made since the 20 H. 8. against the supreme authority of the Popes Holiness or See Apostolick of Rome The Lords Spirituall and Temporall and Commons professing themselves reduced and received by their Majesties intercession to the unity of Christs Church and obedience of the Apostolick See of Rome and the Pope governing the same did make humble suite to their Majesties to be Intercessors that by authority of the Popes Holiness and by the ministration of Cardinall Poole by dispensation tolleration or permission respectively as the case shall require be abolished these Articles following and generally all others when any occasion shall so require may be provided for and confirmed 1. That all Bishopricks Cathedrall Churches Hospitalls Colledges Schooles and other such foundations now continuing made by authority of Parl. or otherwise established according to the order of the Lawes of this Realm since the Schisme may be confirmed and continue for ever 2. That Marriages made infragradus Prohibitos consanguinitatis affinitatis cognationis spiritualis or what might be made void propter impedimentum Publicae honestatis justitiae or for any cause prohibited by the Canons only may be confirmed and children born of those Marriages declared legitimate so as those Marriages were made according to the Lawes of the Realm for the time being and be not directly against the Lawes of God nor in such case as the See Apostolick hath not used to dispence withall 3. That institution of Benefices and other promotions Ecclesiasticall and dispensations made according to the form of the Act of Parliament may likewise be confirmed 4. That all Judiciall Processes made before any Ordinaries of this Realm or before any Delegates upon any Appeals according to the order of the Lawes of this Realm may likewise be ratified and confirmed 5. That the Lands and Goods of Bishopricks Monasteries Chanteries c. dispersed abroad to sundry persons by gift exchange purchase c. according to the Lawes of the Land for the time being shall so continue It was enacted that the title of supreme head of the Church never was nor could be attributed to by any King or Governor It was enacted that all Bulls Dispensations and Priviledges obtained before the 20 year of H. 8. or any time since of the See of Rome and not containing matter prejudiciall to the Imperiall Crown or Lawes of this Realm should be put in execution This Statute did restore the Pope and Apostolick See together with the Jurisdiction the Bishops had in the Realm to all the Authority they had before the 20 of H. 8. It is a very remarkable thing that this Statute does affirme that nothing done or moved in this Statute should be prejudicall to the Liberties of the Crown before the 20 of H. 8. and that the Statute of 24 H. 8. 12. and the Statute of 25 H. 8. cap. 20. which takes away all Ecclesiasticall Jurisdiction from the Pope and vests it in the King should be but declaratory of the ancient and common Law of this Land See Coke de jure Regis Ecclesiastico 28. a. b. 31. one of these must necessarily be false Thus did Queen Mary restore by Parl all the Papall Jurisdiction which Description of Queen Mary was exercised before the 20 of Henry the 8. and would have restored all the Abbey and Chantery Lands taken away by her Father and Brother had it been in her power but many alienations descents and purchases having been made of them she was not able to performe it being a Princess no doubt wondrous free from sacriledge zealous and constant in her Religion mercifull when her Religion was not concerned and just Her mercy appears in her not only pardoning all the Councell who had subscribed to her disinheriting but it was thought she would not have taken away the life of the Lady Jane although guilty of so high a crime as having actually invaded the Crown if the Duke of Suffolk her Father formerly pardoned by the Queens meer grace had not most unjustly and unthankfully excited her Subjects against her which together with Wiats Rebellion for her own security did necessitate her for her own security to execute her Her justice appears in this the Lord Sturton having been at variance with one Hargill and his Son Gentlemen knocked the poor Gentlemen on the head and after cut their throats and buried their bodies in a Pit 15. foot deep hoping this villainy would never come to light or if it did he assured himself of the Queens favour being zealously addicted to the Popish Religion which did him not good for the Queen abhorred and rejected all mention of Pardon for him only he had this grace that the other Murderers were hanged in a hempen but he in a silken halter Ecclesiasticall Lawes made in the Reign of Queen Elizabeth IT is declared that in the Reign of H. 8. divers good Lawes and Statutes Anno 1. Eliz. cap. 1. were made as well for the utter extinguishing of all usurped and forrein Powers and Authorities of this Realm and other her dominions and Countries as also for the restoring and
uniting to the Imperiall Crown of this Realm the ancient Jurisdiction Authorities Superiorities and Preheminencies to the same of right belonging and appertaining By reason whereof her most humble Subjects from the time of the 25 H. 8. were continually kept in good order and were disburdened of divers great and intollerable charges and vexations before that time unlawfully taken and exacted by such foreign Power and Authority as before that was usurped * And to the The Statute of 1 2 Ph. Ma. cap. 8. which restored to the Pope all which this Stat. takes away declares that nothing was done prejudiciall to the Crown in so doing intent that all usurped power Spirituall and Temporall might for ever be extinguished and never be used or obeyed in this Realm or any other her Majesties Dominions It was therefore by the Authority of that Parliament enacted That no forrein Prince Person Prelate State or Potentate Spirituall or Temporall should at any time after the last day of that Session of Parliament use enjoy or exercise any manner of Power Jurisdiction Authority Preheminence or Priviledge Spirituall or Ecclesiasticall within this Realm or within any other the Queens Dominions or Countries that then were or hereafter should be but from henceforth the same should be clearly abolished out of this Realm and all other her Dominions for ever And it was then also established and enacted That such Jurisdiction Priviledges Superiorities and Preheminences Spirituall and Ecclesiasticall as by any Spirituall and Ecclesiasticall Power or Authority had heretofore been or might lawfully be exercised or used for the visitation of Ecclesiasticall state and persons and for reformation order and correction of the same and of all manner of errors heresies schismes abuses offences contempts and enormities should for ever by authority of that Parliament be united and annexed to the Imperiall Crown of this Realm And that the Queen her Heirs and Successors Kings or Queens of this Realm should have full power and authority by virtue of that Act by Letters Patents under the Great Seal of England to assigne name and authorize when and as often as the Queen her Heirs and Successors shall think meet and convenient and for such and so long time as should please the Queen her heirs and successors such person or persons being naturall born Subjects to the Queen her heirs or successors as the said Queen her heirs or successors should think meet to exercise use occupy and execute under the said Queen her heirs and successors all manner of Jurisdictions Priviledges and Preheminences in any wise touching or concerning any Spirituall or Ecclesiasticall Jurisdiction within these Realms of England or Ireland or any other her Dominions and Countries and to visite reform redress order correct and amend all such errors heresies schismes abuses contempts and enormities whatsoever which by any manner spirituall or ecclesiasticall Power Authority or Jurisdiction could or might lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the encrease of virtue and conservation of the peace and unity of this Realm And that such person or persons so to be named assigned authorized and appointed by the said Queen her heirs and successors after the said Letters Patents to him or them made and delivered as is aforesaid should have full power and authority by virtue of that Act and of the Letters Patents under the said Queen her heirs and successors to exercise use and execute all the premisses according to the tenor and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding This Statute doth create the oath of Supremacy to be taken by all men who hold any Office or take from the Queen her heirs and successors any Fees or Wages within this Realm or other her Highnes Realms or Domiminions the form and tenor of it is I A. B. doe utterly testifie and declare in my conscience that the Queens Highness is the only supreme Governor of this Realm and all other her Highness Dominions and Countries as well in all Spirituall or Ecclesiasticall things or causes as Temporall and that no forrein Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiasticall or Spirituall within this Realm and therefore I doe utterly renounce and forsake all forrein Jurisdiction Powers Superiorities and Authorities and do promise that from henceforth I shall bear faith and true allegiance to the Queens Majesty her Heirs and lawfull Successors and to my power shall assist and defend all Jurisdictions Priviledges Preheminences and Authorities granted or belonging to the Queens Highness her Heirs and Successors or united and annexed to the Imperiall Crown of this Realm So help me God and the contents of this Book If any person dwelling or inhabiting within this Realm or any other of the Queens should within 30. dayes after the determination of the Session of that Parliament by Writing Printing Teaching c. maintain any forrein Power or Jurisdiction Ecclesiasticall or Spirituall or shall advisedly put in use any such forrein Power or Jurisdiction within any of her Highness Dominions he and his Aiders Abettors Counsellors c. shall forfeit to the Queen her Heirs and Successors all his goods and chattels as well reall as personall If any person so convict be not worth in Goods and Chattels the summe of 20 s. every such person upon conviction over and besides the forfeiture of his Goods and Chattels shall suffer imprisonment by the space of a whole year without Bail or Mainprise And that all and every the Benefices Prebends and other Ecclesiasticall promotions and dignities of every person spirituall so offending and being attaint shall be utterly void and the Patron and Donor may present as if the Incumbent were actually dead For the second offence the party offending shall incur the danger of a Premunire For the third offence after conviction and Attainder the party offending shall suffer death and forfeiture of all his Goods as in case of High Treason The offender must bee impeached for preaching teaching or speaking any thing against the Premisses within a yeere after such preaching teaching or speaking and if any person shall be imprisoned for preaching teaching or speaking against this Statute and if be not indicted within the space of one half yeer next after his offence that he be discharged and set at liberty No matter of Religion or cause Ecclesiasticall made by this Parliament shall be judged Error Heresie Schism or schismaticall opinion Such Persons as shall bee authorized by Letters Patents under the Broad-seale of England shall have jurisdiction power or authority spirituall to visite reform order or correct any errors heresies schisms abuses or enormities But by virtue of this Act they have not authority to determine or adjudge any thing to bee heresy but only such as heretofore have beene determined by Canonicall-Scripture or the 4 first generall Councells or any
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
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