their submission to the Church of Rome But on the contrary when Austin first arrived in England he stayed in the Island of Thanet until he knew the Kings pleasure and offered not to preach in Kent until he had the Kings licence to preach throughout his Dominions c. Neither was there any Appellant from the Conversion of the English he says to Rome until Wilfrid Archbishop of York who notwithstanding pag. 60. that he gained Sentence upon Sentence at Rome in his favor and notwithstanding that the Pope did send express Nuntio's into England on purpose to see the Sentence executed yet could he not obtain his restitution or benefit of his Sentence for six years during the reigns of Egbert and Alfred his son yea Alfred told the Popes Nuntio's expresly That he honored Spelm. concil an 705. them as his Parents for their grave lives and honorable aspects but he could not give any assent to their Legation because it was against reason that a person twice condemned by the whole Council of the English should be restored upon the Popes Letter And after he says That after Alfred and pag. 62. Theodore were both dead Theodore was the Archbishop of York that opposed Wilfrids Donation from the Pope and continued it so long as he lived we find the Sentence of the Pope and Wilfrids Restitution still opposed by the surviving Bishops in Alfreds Sons reign c. Neither were there any Appeals to Rome from that time until after the Conquest in the reign of Henry the First by Anselm Archbishop of Canterbury 8. See Comment Lit. sect 648. pag. 344. where it appears by our All Bishopricks were of the Kings foundation originally and donative books and divers Acts of Parliament that at first all the Bishopricks in England were of the Kings foundation and Donative per traditionem baculi id est the Crosier which was the Pastoral staff annuli the ring whereby he was married to the Church King Henry the First being requested by the Bishop of Rome to make them elective refused it But King John by his Charter bearing date quinto Junii anno decimo septimo When they became eligible and by what power granted that the Bishopricks should be eligible So that all Bishopricks were not only at first of the Kings foundation and Donative but afterwards became eligible from no other cause but the Kings Charter 9. That the sacred character of Priesthood does not free men from The Kings of England before the Couquest did exercise their Regal power over all persons in all cases the subjection due to the Laws of their Prince and Country is not only evident by many examples in Sacred Writ and by almost infinite precepts and examples of Gospel and holy Martyrs in primitive times but also by a concurrent consent of all Histories where Christianity hath been planted And that these powers have been justly exercised by the Kings of England before the Conquest among the many Laws of Ina Withred Alfred Edward Athelstan Edmund Edgar Athelred Canutus and Edward take these of Canutus Si quis sacra tenens pejerasse convictus fuerit ei manus praeciditor ni dimidiatam Lambert Saxon laws lex 33. f. 113. sui capitis astimationem domino atque episcopo dependerit neque vero deinceps qui juret dignus putandus est nisi quidem Deo cumulatè satisfecerit atque ab ejusmodi in posterum nefario scelere abstinendi fidejussores admoverit If any in Holy orders be convict of Perjury let him be branded on the hand unless he shall pay to the King and Bishop half the price of his head Neither shall he afterward be esteemed worthy to take an Oath unless he shall have abundantly satisfied God and shall have given Sureties that afterward he shall abstain from such wickedness Si quis eorum qui arae deservierint alicui mortem obtulerit omni cum divini lex 36. 114. tum humani juris patrocinio excludatur nisi quidem cum exilio cumulatè id sceleris compensarit atque caesi etiam cognatis satisfecerit aut saltem una cum hominibus qui jurent idoneis omnem criminis suspicionem diluerit Hanc vero quae Deo hominibus debetur compensationem intra ter denos idque cum fortunarum suarum omnium discrimine dies aggreditor If any one who serves at the Altar shall kill any man let him be excluded from the protection of Divine and Humane laws unless with his banishment he may abundantly satisfie that wickedness and shall also give satisfaction to the kindred of him who is killed or at least together with sufficient men who shall give Law-gager their oaths shall wash away all suspition of the crime And let him go in hand to make this compensation which is due to God and men within thirty days and that upon the forfeiture of all his fortunes Si eorum qui arae deservierint aliquis hominem occiderit aut insigne aliquod lex 38. ibid. perpetrarit flagitium gradu honore dispoliatus proinde atque ei Papa circumscripserit habitandi locum exulato ac cumulatè compensato Sin is crimen fuerit inficiatus excusatio tripla esto Atque in hanc quae Deo hominibus debetur compensationem intra ter denos aggrediatur dies ab omni legis commoditate destitutus habetor If any one who serves at the Altar shall kill a man or commit any foul offence despoiled of his honor let him be banished the place of his habitation and make abundant satisfaction yea though the Pope make it void But if he deny the crime let his excuse be threefold and if within thirty days he does not endeavor to give this satisfaction which is due to God and man let him be outlawed Si quis sacris inauguratus rei capitalis obnoxius extiterit comprehenditor lex 40. 115. atque ut tandem episcopo criminis admissi poenas dependat asservator If any one in Holy orders be guilty of any capital crime let him be apprehended and fafely kept until he be punished by the Bishop for the crime committed Si quis sacrum ordinem atque vivendi formulam commutarit pro ipsa lex 46. 116. ordinis dignitate sive capitis aestimatione mulcta legis violatae poena sive rebus suis omnibus compensato If any one shall change his holy order and form of living for the dignity of the order or price of the head let him be fined for punishment of the violation of the Law or forfeit all he hath But how far this good Prince was from having any spight to Holy Orders or men separated to the Worship of God and Service at the Holy Altar he does enact Siquis sacris initiatus incoláve in iis quae ad fortunas Law 37. fol. 114. vitamve ejus spectarint decipiatur tum ei rex ni is aliunde habuerit loco Patroni cognatorum esto Fraudator
this Popes Letter but pleaded the Fundamental Laws and Customs of the Land Consuetudo regni mei est à patre meo instituta ut nullius praeter licentiam Regis appelletur Papae qui consuetudines regni mei tollit potestatem quoque coronam Regis violat It is a Custom of my Kingdom instituted by my Father that no man may appeal to the Pope without the Kings licence He that takes away the Customs of my Kingdom doth violate the Power and Crown of the King And these Laws were no other then the Laws of the Confessor viz. the old Saxon Laws but also in the execution of these things the Bishops of England adhered to the King and Laws and denied their suffrage to their Primate as you may read in the Bishop of Derry's Vindication of the Church of England p. 63 64. 14. After pag. 65. he instances out of Sir Hen Spelman conc an 78. Legations as rare as Appeals before the Conquest that Gregory Bishop of Ostium the Popes Legate did confess that he was the first Roman Priest that was sent into these parts of Britain from the time of Austin and that those Legates were no other then ordinary Messengers or Ambassadors sent from one Neighbour to another Such a thing as Legantine Court or a Nuntio's Court was not known in the British world and long after 15. See Speed in the Life of Stephen para 4. where Stephen having The Pope and all the English Hierarchy conspire with Stephen against Maud the undoubted Heir of Henry the first entred his Government in the year of our Lord 1135. the 2. of December and was crowned at Westminster the 26. of the same moneth being S Stephen's day by William Corbel the Archbishop of Canterbury who with the rest of the Bishops doing him homage and knowing now he would yield to any conditions for performance whereof his brother the Bishop of Winchester did there engage himself for a Pledge they all took their Oath of Allegiance conditionally traiterously I might say to obey him as their King so long as he should preserve their Liberties and the vigor of Discipline And that the Lay-Barons made use also of this policy appeareth by Robert Earl of Gloucester who sware to be true Liegeman to the King as long as the King would preserve to him his dignity and keep all covenants c. And having buried the body of Henry the First he went to Oxford where he acknowledged he attained the Crown by Election only and that the Pope Innocentius confirmed the same 16. The next contest which after Anselm happened between the King The second contest between the King and Pope and from what cause and the Pope was caused by Tho. Becket Archbishop of Canterbury For Stephen the Usurper having made a Law whereby the Temporal Judges might not meddle with Ecclesiastical persons Henry the Second upon many disorders committed by the Clergy did repeal this Law and restored the antient Laws of this Realm commonly called Avitae leges whereby the persons of Priests were not exempted from being judged by the Temporal Judges And though the Archbishop sware to observe the Laws restored by the King yet was he absolved by Pope Alexander 3. Nor could the Archbishop ever after be brought to conform to the Laws called Avitae leges which was the cause of his assassination and of great trouble to the King and Realm And whether this man did deserve to be canonized for his stubborn disobedience to the Laws of his Country which no ways concerned Faith but only Civil and Temporal obedience and those not new neither but a restitution of the antient Laws let any man judge 17. The first occasion of the quarrel between King John and Innocent The quarrel between King John and the Pope the Third was Hubert the Archbishop of Canterbury being dead the Monks of S. Augustine in that City elected without any licence of the King one Rainold and took an oath of him to go to Rome and take his investiture from the Pope The King incensed hereat caused John Gray to be chosen and desired the Pope to ratifie this last choice The Pope notwithstanding confirms the former The King hereupon grows angry and divers of the Monks against their own act refuse to accept him The Pope although Rainold were chosen by the Monks and confirmed by the Pope adviseth the Monks to choose Stephen Langton the Monks do so the King is highly exasperated and forbids all Appeals to Rome and did alleadge that he had Bishops Prelates Nobles and Magistrates of his own who could according to the Laws of the Land decide and determine all Controversies which should arise in Church or Commonweal The Pope insisted upon the election of the Cardinal Stephen Langton was Cardinal of Chirsogone and required the King not only to give him the quiet possession of the See but also to recall all such Monks as were exiled and to restore them to their Goods which were seised on by the King for the last choice and for default to interdict him and the whole Realm The King is so far from obeying that he seised upon the Lands and Goods of those Bishops to whom the Pope had forsooth given the power of Interdiction The Pope constant in his resolutions by Pandulphus and Durant interdicts the King and Kingdom and gives it the French King King John driven into a great strait gives his Crown and Kingdom to the Pope he good man had before given it to the French King Philip the second sirnamed Augustus and his son Lewis had gotten such footing in England that he would not be gotten out The Pope interdicts both father and son but his curses took not such place that they would give over what they had gotten by the first grant nor did these troubles end until the English Nation uniting themselves under Henry 3. did by plain force drive Lewis out of England to such an insufferable height was the Papacy grown in those days 18. Although the stubborn Barons made Henry 3. swear to observe The Bishops in H. 2 his reign conspire against him the Ordinances made in the Mad Parliament at Oxford and the Archbishop of Canterbury and nine other Bishops did denounce a Curse against all those who either by direction arms or otherwise should withstand the Ordinance of the Twelve Peers which gave the exercise of all Regality to them yet did the Pope absolve him from it very easily Addit Matth. Paris 990. 19. How zealous the most noble Prince Edward the first was in the Contests between the Pope and Ed. 2. cause of Christianity and how observant of the Papal power is evident by his victorious Voyage into Holy Land But he afterwards became hated by the Churchmen both in respect of the Statute of Mortmain made in the fourth year of his Reign and also because that by the advice of William Marchyan his chiefest Treasurer he seised into his hands the
absurd But if Solomon his offering a peace-offering for the people and his blessing the people be objected I answer it does signifie no more then a fathers blessing his children and praying to God that they may live peaceably But none of the Kings did ever offer a sin-offering or burn incense to the Lord without reprehension by God Out of this it is evident that God never forsook men before they Annot. 2 first did forsake him Adam did first eat the forbidden fruit before God drove him out of Paradise and cursed Mankind and the ground for his sake Then mankind sinned malitiously before God brought the general Cataclysme upon them and they made a wicked conspiracy before God confounded them at Babel but none were more malitiously stubborn than the Jewes who when they were enjoyned to observe the Ceremonial Law scarce ever observed it but went a whoring after the Gods of the Nations Moab Ammon Ashteroh c. yet since our Saviour hath fulfilled it never did men so superstituously observe any thing as they have done it And now Oh that I could more then powre forth all Jeremies lamentations in commiseration of thee O my Mother Church and Native Country much more deserving it then the Jewes in the Babilonish Captivity for Jeremiah foresaw their return and restitution whereas I cannot hope but that Christianity it self is in the very wayne here among us For not only Bishops and Priests are therefore hated because they are Christs Ministers and Puppets Mountebankes and Tryers set up in the place of them and not only all the carved works in the houses of God in despite of God are beaten down with Axes and Hammers and the houses themselves destroyed and made stables for horses but all the solemn days kept in commemoration and gratitude for our Saviours Nativity Passion Resurrection Ascention c. in despite of Christianity decryed as superstitious c. Sure as glorious Christian Churches as ever were in England have been in Africa c where were it not for some poore Christian slaves there is not so much as any footsteps of Christianity left The Contents of the Third Book THe First Chap. contains the causes of Subjection of Subjects to Supream Powers of Subjection of Children to Parents of Servants to Masters as also to them who have oversight over us in the Lord. The Second Chap. treats of succession of Princes in Hereditary Monarchies and discovers the fiction of the Salique Law in France and that it was a meer invention to exclude the just title of the Kings of England and has been ill observed by the French themselves when it did not conduce to their advantage The Third Chap. treats of the Municipal Laws of my dear and native Country before they became invaded and subverted by those men who in so many several shapes since 1640. have arrogated to themselves the name of Parliament THE THIRD BOOK CHAP. I. Of Subjection 1. IT is observed by a Writer that our Saviour Introduction in communicating the Cup to his Disciples as if he had foreseen that it would be detained from the Laity gave it in these words Drink ye all of it whereas in partaking of the Bread he said only take eat c. I am sure it is well worth the observation that the Holy Ghost as foreseeing the great abuses which should happen in the world by the specious pretences of Religion Conscience the Power of the People or Parliaments c. commands Subjection to Higher Powers not in certain cases but absolutely and not certain persons but every Soul is to be Subject to the Higher Rom. 13. 1. Powers 2. I say Supream or Regal Power being from God immediately by Subjection due by the Law of Nature to Soveraigns the Law of Nature it does necessarily follow that subjection of Subjects to their Soveraign is due by the Law of Nature nor can the relations be dissolved but by God himself I may I think without any affectation affirm that the Judges in Calvins case were as learned and upright as ever any before or since let us therefore see their resolutions 3. Those learned and upright Judges resolve tit Ligeance Ligeance What is Ligeance is a true and faithfull Obedience of the Subject due to his Soveraign This Ligeance and Obedience is an incident inseparable to every Subject for as soon as he is born he owes by birthright Ligeance and Obedience to his Soveraign Ligeantia est vinculum fidei quasi essentia Legis and a little after page 5. Ligeance does not begin by the Oath of the Leete For many men owe true Ligeance who were never sworn in the Leete Where note it is false if not Treasonable in Mr. Hobbs who affirms that the Knowledg Note of the Legislator does depend upon the Citizen For every man is as much a subject before he hath taken the Oath of Aligeance as after And see whatsoever is due by the constitution of man may be Pag. 25. tit 5. altered but natural Ligeance of the Subject to his Soveraign cannot be altered ergo natural Ligeance or Obedience to the Soveraign is not due by the Law or constitution of man And again whatsoever is due by the Law of Nature cannot be altered but Ligeance and Obedience of the Subject to the Soveraign is due by the Law of Nature ergo it cannot be altered Et qui abjurat regnum amittit regnum sed non regem amittit patriam sed non patrem Pag. 9. patriae 4. Ligeantia ac quisita or Denization is threefold First absolute to them Ligeantia acquisita Pag. 5. 6. and their heirs Secondly limited as when the King does grant Letters of Denization to an Alien and the Heirs Males of his body or for life The third is when the King by Conquest conquers another Kingdom or part of it the Antenati Postnati are Denizens of the Kingdom or Dominion so conquered Yet sure under correction the Postnati are not only Denizens but Natural Subjects For Power and Subjection being by the Law of Nature all men born in the Dominion of any Soveraign are his Natural Subjects and with this does Sir Ed. Coke agree If a man come into England and have issue two Sons these two Sons are Indigend Subjects born because they Com. Lit. pag. 88. are borne within the Realm that is in the Dominion of the King but if any be borne out of the Realm that is out of the Dominion of the King although of Natural Subjects to the King they are alienigena They therefore who are Postnati in the exercise of the Kings power by Conquest are his natural Subjects 5. Local Ligeance is when any Subject of France is in England or any English in France c. so long as he is in the power of the King he is de Local Ligeance tit 3. pag. 6. facto his Leigeman Therefore a Frenchman being in England joyned with divers Subjects of this
cum populi multitudine copiosa ac omnibus adhuc in eodem Parliamento personalit ' existent ' votis Regiis unanimiter consentientibus praeceptum decret ' fuit quod Monasterium Sancti Edmundi c. sit ab omni jurisdictione episcopor ' com' illius ex tunc imperpet ' funditus liberum exemptum c. Illustris rex Hardicanutus pred' regis Canuti filius haeres success ac sui patris vestigior ' devotus imitator c. cum laude favore Aegelnod ' Dorobornensis nunc Cantuariensis Alfrici Eborac ' episcopor ' aliorumque episcopor ' suffragan ' nec non cunctorum regni mei mandanorum principum descriptum constituit roboravitque praeceptum were Acts of Parliament Ibidem Rex Eldredus convocavit Magnatos Episcopos Proceres Optimates ad tractandum de publicis negotiis regni And this was a Parliament Inst 4. p. 3. But none of these you will say have the obligation of Laws upon us Well let us see those Acts of Parliament which have and what is the difference By the way no Acts of Parliament are now nor these 400 years have had the force of Statute-Laws in England but those made in Henry the Third's time and since And what was the first and great Act of Magna charta but Henry by the grace of God King of England Lord of Magna Charta an Act of Parliament Ireland c. We have granted to God and by this our present Charter have confirmed for us and our heirs for ever That the Church of England shall be free and shall have all her whole rights and liberties inviolable We have granted also and given to all the Freemen of our Realm for us and our heirs for ever those Liberties underwritten to have and to hold to them and their heirs of us and our heirs for ever Note this great Charter which made the Church and Nota bene Kingdom of England the most free in the world was a free and voluntary act of an English Monarch in Parliament And all that violation and destruction of all those happy Grants and Concessions both in Church and State have been made by a cursed conspiracie of a factious and seditious company of men falsly and most injuriously arrogating to themselves the name of Parliament without and against the Kings good mind and pleasure Charta Foresta was Henry by the grace of God King of England Lord of Ireland Duke of Normandy and of Guyen c. We will that all Forests which King Henry our Grandfather afforested shall be viewed by good and lawful men c. Statutum Hiberniae was nothing else but Henry by the grace of God King of England c. To his trusty and welbeloved Gerard son of Maurice Justicer of Ireland greeting Commanding him to cause the Customs recited in the Act and used in England to be proclaimed and streightly kept and observed in Ireland Statutum de Anno Bissextili was The King unto the Justices of the An. 21. H. 3. Bench greeting c. The Statute intituled Assisa panis cervisiae was An. 51. H. 3. The King to all to whom these presents shall come greeting We have seen certain Ordinances c. Stat. de Scaccario The King commandeth that all manner of Bailiffs Sheriffs An. 51. H. 3. and other Officers as well Justices of Chester c. Statutes made in the Parliament at Marleborough wherein the King An. 52. H. 3. made these Acts Ordinances and Statutes underwritten which he willeth to be observed for ever firmly and inviolably of all his Subjects as well high as low Statute of Westminster the first were the Acts of Edward the son of An. 3. Ed. 1. Henry c. by his Council and the assent of Archbishops Bishops Abbots Priors Earls Barons and all the Commonalty of the Realm c. the King ordained and established these Acts underwritten which he intendeth to be necessary and profitable unto the whole Realm First the King willeth and commandeth that the peace of Holy Church and of the Land be well kept and maintained in all points and that common right be done to all as well poor as rich without respect of persons c. Statutes made at Gloucester where our Soveraign Lord the King for An. 6. Ed. 1. the amendment of the Land and for the relief of his people c. hath provided and established these Laws underwritten willing and commanding that from henceforth they be firmly observed within the Realm Statute of Rutland hath no other title then The King to his Treasurer An. 10. Ed. 1. and Barons of the Exchequer and to his Chamberlains greeting c. Articuli super Chartas were Grants in Parliament made by the King An. 20. Ed. 1. at the request of the Prelates Earls and Barons assembled in Parliament Note the Commons are not so much as named in these Acts of Parliament The Statute of Quo Warranto made at Gloucester and Statute de Protectionibus An. 30. Ed. 1. An. 33. Ed. 1. made at Westminster the King only speaks Stat. de conjunctim Feoffatis The King unto all to whom these c. An. 34. Ed. 1. greeting And after the recital of the things contained in the Act it is said In witness of which thing we have caused these our Letters Patents I my self being Witness at Westminster Statute of Amortising of Land made by Ed. 1. only the King speaketh Ordinatio pro statu Hiberniae made 17 Ed. 1. the King speaketh by the assent of his Council Statute Ne Rector prosternat arbores in coemiterio only the King speaketh and neither Council nor Parliament mentioned An. 35 Ed. 1. Statute for Knights hath no other title then Our Lord the King hath An. 1. Ed. 2. granted c. And Stat. de frangentibus prisonam 1 Ed. 2. hath nothing to create it a Law but The King willeth and commandeth and neither Parliament nor Council named in either of them Articuli Cleri made at Lincoln the King and his Council are named An. 9. Ed. 2. The Statute of York was made by the King by the assent of the Prelates An. 12. Ed. 2. Earls Barons and Commonalty there assembled So that in these three Kings reign although the King did enact them in Parliament yet the manner was different almost in all In Ed. 3. his time was the form of enacting Laws truly defined and An. 1. Ed. 3. much used by him and the subsequent Kings At the Parliament holden at Westminster King Edward at the request of the Commonalty and by their Petition made before him and his Council in the Parliament and by the assent of the Prelates Earls Barons and other great men assembled at that Parliament hath granted c. In the next Parliament holden at Northampton the Laws are made by An. 2. Ed. 3. him and by the assent of the Prelates Earls Barons and other great
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
Third within less then three years after the death of S. Gregory did assume the title of Universal Bishop and Head of the Church but rather by the donation of Phocas who had no more right to give it then the Parliament had to give Henry the Eighth the Head of the Church of England nor had Phocas any colour of title to the Empire and have continued it ever since 4. S. Gregory in his 76. Epistle to the Emperor Maurice says Nunquid Neither S. Gregory nor his predecessors did claim superiority over Temporal Princes ego in hac re piissime Domine propriam causam defendo Do I herein defend mine own cause O gracious Lord And Dominus meus fuisti quando adhuc Dominus omnium non eras ecce per me servum ultimum suum vestrum respondebit Christus You were then my Lord when you were not Lord of all viz. the Empire behold Christ himself shall answer by me who am his and your meanest servant And when the Emperor Maurice had made a law That no Soldier should turn Monk until his warfare were ended Gâ—eg ad Manâ— Aug. lib 3. eâ— 61. Gregory disliked the law and gave the Emperor this sense of it Ego quidem missioni subjectus eandem legem per diversas terrarum partes transmitto quia lex ipsa omnipotenti Dec minime concordat ecce per suggestionis meae paginam dominis nunciavi utrobique ergo quae debui exolvi qui Imperatori obedientiam praebui pro Deo quid sensi minime tacui I being subject to your command have transmitted your Law to be published through divers parts 〈◊〉 2. ep 61. of the world And because the Law it self is not pleasing to Almighty God I have represented my opinion thereof to my Lords whereforee I have performed my duty on both sides in yielding obedience to the Emperor and not concealing what I thought for God And Boniface the First sent an humble supplication to Honorius desiring him by his authority to provide some remedy against the ambitious contention of the Clergy concerning the Bishoprick of Rome The Emperor Honorius at his request established Dist 92. cap. Eccle. cap. Victor a law That none should be made Bishop of Rome through ambition charging all Ecclesiastical Ministers to cease from ambition appointing moreover that if two were elected neither of them should be taken but the election to proceed further to another to be chosen by a full consent of voices as it is expressed dist 79. cap. Si duo If then S. Gregory himself were so zealous an opposer of Universal Bishop and Head of the Church and to that purpose introduced that sentence of Servus servorum Dei to deter all subsequent Bishops of Rome from such arrogance And if S. Gregory did acknowledge himself so humble a Subject to Maurice and that Boniface the First did petition Honorius by his authority to provide against the irregularities in the very election of the Bishop of Rome there was no such thing in these days as Cardinals and the Election of the Pope in the Conclave then sure in the days of S. Gregory and before neither did the Popes assume this title of Head of the Church nor a power of disposing and transferring Kingdoms at their pleasure But affirmanti incumbit probatio and let any man that affirms either prove either 5. That above one half of what is now called Britain did retain the Though S. Cregory were the first yet was he not the onely Converter of the English Saxons Christian faith notwithstanding the persecution of the Saxons is sufficiently evident if we consider Scotland and Wales which always retained Christianity since it was first planted Nor were the very Saxons themselves utterly destitute of Christianity For Berta the wife of Ethelbert King of Kent and daughter to the French King was tolerated to observe the rites of Christian religion with Bishop Luidhard and this was before that S. Gregory was excited or inspired to undertake to preach to the English Saxons It is true that Ethelbert after his own conversion did endeavor to Seld. Anae Anglo Brit. lib. 2. cap. 2. pag. 62. have planted the Christian faith both in the Kingdoms of Northumberland and the East-Angles with fair hopes of good success for a season but it took not effect for within a short time both Kings and Kingdoms forsook their Religion and apostated from Christ The Kingdoms of the West-Saxons and of the South-Saxons under Kingils their King who did unite the Heptarchy into a Monarchy were converted by the preaching Speed in the Kings of the West-Saxons an 611. Beda lib. 3. cap. 4 5. Idem lib. 3. cap 21. Speed in the Kings of the East-Angles an 636. of Berinus an Italian by the perswasions of Oswald King of Northumberland Oswald King of Northumberland was baptized in Scotland and Religion luckily planted in that Kingdom by Aidan a Scotish Bishop Penda King of Mercia was converted and Christened by Finanus Successor of Aidan by means of a Marriage with a Christian Princess of the Royal family of Northumberland Sigibert King of the East-Angles in whose days and by whose means Religion took root among the East-Saxons was converted and Christened in France 6. No sooner was the name of Christ preached but the English presently The zeal of our Ancestors upon their conversion with such fervent devotion and zeale consecrated themselves unto Christ that they took incredible pains in propagating Christianity in celebrating Divine service performing all functions and duties of piety building Churches and endowing them with rich livings so that there was not another Region in Christendom that could make reckoning of more Monasteries richly endowed yea and divers Kings there were that preferred a religious and Monastical life before their Crown and Kingdom So that many holy men also this Land brought forth which for their firm profession of Christian Religion constant perseverance therein and sincere piety were canonized Saints that it gave place to no Christian Province in this behalf And like as Britain was called by Porphyry a plenteous province of Tyrants so England may be truly named a most fruitful Island of Saints Camb. Brit tit Angl. Sax. 7. The Bishop of Derry in his book of the Just vindication of the Church The Popes universal power was not received under the English Saxon Kings before the Conquest of England pag. 57. does affirm that not any of the petite Saxon Kings or their Subjects though some of them indebted to S. Gregory for their Conversion and all of them much weakened by their sevenfold division for at first there was of seven Kings but only one who was a Christian namely the King of Kent neither was it any of his progeny who afterward did unite the Heptarchy into a Monarchy much less that any of the succeeding Kings of England or of Great Britain did ever make any solemn formal or obliging acknowledgment of
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
an Englishman or thus deny it let him take eleven and he be the twelfth c. Of Homicides by men Ordained Cap. 73. If a Bishop kill a man let it be recorded and let him repent twelve years seven years in bread and water and five let him fast three days in a week and on others let him use common sustenance If a Priest kill a man or a Monk let him lose his Order and repent ten years six in bread and water and four let him fast three days in a week on others let him use his meat If a Presbyter wound a man let him fast one hundred day If a Deacon kill a man let him be degraded and repent seven years four in bread and water and three let him fast three days in a week upon other let him use common meat If a Clerk shall kill a man let him repent six years four in bread and water two years three days in the week If a Laick kill a man let him repent five years three in bread and water and two years let him fast three days in the week If a man kill a man in Orders or his neighbor let him depart out of his Countrey and go to Rome and make the Pope and his Councel let him in like maner repent of Adultery or Fornication or lying with a Nun. These Laws are likewise set out by Mr. Abraham Whelock in the Appendix to his History of Bede Sir Ed. Coke Candrys Case says Henry the first did Ordain Anno 16. Regni sui as well in regard of his Ecclesiastical as Regal power that whensoever the Abbot of Reading shall die that all the Possessions do remain entire and free But how this should make any thing for the Kings Ecclesiastical Right in all Cases I do not understand for this Ordinance was onely concerning the Possessions of the Abbey and it is no Question but all the Bishopricks as well as Abbeys were originally of the Kings foundation and it appears by the Margent that the King was the particular Founder of this Abby what then hinders but that the King might dispose of the Revenues as he should think fit without having any Ghostly power in him Ecclesiastical Laws made by Henry the third Magna Charta FIrst we have granted to God and by this our present Chapter have confirmed Cap. 1. for us and our heirs for ever that the Church of England shall be free and shall enjoy all her whole Rights and Liberties inviolable Reserves to all Archbishops Bishops Abbots Priors Templars Hospitalers Cap. 38. According to Sir Edward Coke Inst 2. yet the Statute-book in large divides this Act but into thirty seven Chapters and all persons Ecclesiastical all their free Liberties which they have had in time passed and all these Customs and Liberties aforesaid which we have granted to be holden within this Realm as much as appertains to us and our heirs we shall observe And all men as well Spiritual as Temporal as much as in them is shall observe the fame against all persons likewise And for this our Gift and Grant of these Liberties and of other contained in our Charter of Liberties of our Forest Archbishops Bishops Abbots Priors Earls Barons Knights Freeholders and other our Subjects have given to us the fifteenth part of their moveables and we have granted to them on the other part that neither we nor our heirs shall procure or do any thing whereby the Liberty in this Charter contained shall be infringed or broken And if any thing be procured by any person contrary to the premisses it shall be of no force nor effect In the Reign of Hen. 3. Cawdries Case 3 H. 3. tit Proh 13. 4 H. 3. c. In all the time of Henry 3. and his Progenitors Kings of England and ever since if any man did sue afore any Judge Ecclesiastical within the Realm for any thing whereof that Court by allowance and custom had not any lawful cognisance the King did ever by his Writ under the Great Seal prohibit them to proceed Answ It is true indeed that not only Probate of Testaments but Cognisance of Tythes Granting of Letters of Administration Mortuaries Pensions Reparation of Churches do not belong to Ecclesiastical cognisance by any Divine positive institution but by allowance and custom of England And if all Customs suppose some Grant originally from Supreme humane Powers then what hinders but that the King might prohibit any Judge Ecclesiastical within the Realm for any thing whereof that Court by allowance and custom had not lawful conusance for Cujus est velle ejus est nolle And if the suggestion made to the Plea King whereupon the Prohibition was grounded were after found untrue then the King by his Writ of Consultation under the Great Seal did allow and permit them to proceed Also in all the Reign of H. 3. and his Progenitors Kings of England if any Issue were joyned upon Loyalty of Marriage General Bastardy or such like the King did ever write to the Bishop of the Diocese as Mediate Officer and Minister of his Court to certifie the Loyalty of the Marriage Bastardy or such like All which prove that those Courts were under the Kings jurisdiction and commandment It is true that not only all Courts and planting of Christianity were originally by the Kings command or permission but the persons of all men within the Realm are in his power And Marriage and Bastardy being so essential and whereupon the strength of mens estates and inheritances do depend what hinders the King to write to the Bishop to certifie the Loyalty of the Marriage And if it pleases him to do it as his mediate officer who shall contradict is Well let it be granted the Kings of England in cases of Bastardy and Loyal Matrimony have written to the Bishop of the Diocese as his mediate officer yet it will not follow that the Bishop is the Kings mediate officer in all things and cases which relate to his Episcopal function and jurisdiction Ecclesiastical Laws made by Edward the First THe King willeth that the peace of the holy Church be maintained in Stat. West an 3. Ed. 1. 1275. all points and that Religious Houses shall not be overcharged nor any Purveyance be made of any Prelate without the owners consent They who shall offend and be thereof attainted shall be committed to the Kings prison and after shall make fine and be punished according to the quantity and manner of the trespass and after as the King in his Court shall think fit c. It is provided also That when any Clerk is taken for guilty of felony Cap. 1. and is demanded by the Ordinary he shall be delivered to him according to the priviledge of the holy Church on such peril as belongeth to it after the custom aforetimes used And the King admonisheth the Prelates and enjoineth them upon the faith that they ow to him and for the common profit and
be laid up in safe keeping under the Private Seal of the Abbot of the same House So that the Abbot or Prior which does govern the House shall be able of himself to establish nothing though heretofore it hath been otherwise used And if it fortune hereafter that writings of Obligations Donations Purchases Sales Alienations or of any other Contracts be sealed with any other Seal then such a Common Seal kept as is aforesaid they shall be adjudged void and of no force in Law But it is not the meaning of our Lord the King to exclude the Abbots Priors and other Religious Aliens by the Ordinances and Statutes aforesaid from executing the office of Visitation in his Kingdom and Dominion but they may visit at their pleasures by themselves or others the Monasteries and other places in his Kingdom and Dominion in subjection to them according to the duty of their office in these things only that belong to Regular observation and the discipline of their Order Provided that they which shall execute this office of Visitation shall carry or cause to be carried out of his Kingdom or Dominion none of the goods or things of such Monasteries Priors and Houses saving only their reasonable and competent charges Stat. Ne Rector prosternat arbores in Caemiterio made 35 Ed. 1. Anno Dom. 1307. In what cases and by whom Trees may be felled in a Churchyard Because we do understand that controversies do ofttimes grow between Parsons of Churches and their Parishioners touching Trees growing in the Church-yard both of them pretending that they do belong unto themselves We have thought good rather to decide this controversie by writing then by Statute Forasmuch as a Church-yard that is dedicated is the soil of a Church and whatsoever is planted belongs to the soil it must needs follow that those Trees which be growing in the Church-yard are to be reckoned amongst the goods of the Church the which Laymen have no authority to dispose but as the holy Scripture does testifie the charge of them is committed only to Priests to be disposed of And yet seeing those Trees be often planted to defend the force of the wind from hurting of the Church We do prohibit the Parsons of the Church that they do not presume to fell them down unadvisedly but when the Chancel of the church does want necessary reparations Neither shall they be converted In the Reign of Edward the First A Bull of Excommunication brought by one Subject against another 30 E. 3. li. Ass Pl. 19 c. was adjudged by the Common law Treason against the King his crown and dignity Edw. 1. seised the lands of the Archbishop of York because he refused Par. 2. 19. E. 1. Quare non admisit to admit his Clerk but pleaded that the Bishop of Rome long time before provided to the said Church The King and his Council did not receive the constitution of the Bishop Para. 3. Stat. de Biga 4 Ed. 1. of Rome at Lions which excluded men twice married or Bigami from all priviledges of Clergy It was declared that the holy Church of England was founded in the Stat. 25 Ed. 1. Carlisle state of Prelacy within this Realm of England by the King and his progenitors And that the Bishop of Rome usurping the seigniory of such Benefices c. that the said oppressions grievances and damages in this Realm from thenceforth shall not be suffered Articuli Cleri made at Lincoln Anno 9 E. 2. Anno Dom. 1315. The King to all whom c. sendeth greeting Understand ye that whereas of late in times of our Progenitors sometimes Kings of England in divers their Parliaments and likewise after that we had undertaken the governance of the Realm in our Parliaments many Articles containing divers grievances committed against the Church of England the Prelates and Clergy were propounded by the Prelates and Clerks of our Realm and further great instance was made that convenient remedy might be provided therein And of late in our Parliament holden at Lincoln the ninth year of our reign we caused the Articles underwritten with certain Answers made to some of them heretofore to be rehearsed before our Council and made certain Answers to be corrected and to the residue of the Articles underwritten Answers were made by us and our Council of which said Articles with the Answers of the same the tenors here ensue No Prohibition shall be granted where Tithes be demanded but where Cap. 1 money for them First whereas Laymen do purchase Prohibitions generally upon Tithes Obventions Oblations Mortuaries Redemption of penance violent laying hands on Clerks or Coverts and in cases of Defamation in which cases Spiritual penance ought to be injoined The King doth answer to this Article That in Tithes Oblations Obventions Mortuaries when they are propounded under these names the Kings prohibition shall hold no place although for the long withholding of the same the money may be esteemed at a sum certain But if a Clerk or a Religious man do fell his Tithes being gathered in his barn or otherwhere to any man for money if the money be not demanded before a Spiritual Judge the Kings Prohibition shall lie for by the sale the spiritual goods are made temporal and the Tithes are turned into chattels Regist fol. 34. 39. v. N. B. f. 3032. Fitz. N. B. fo 40 c. Rast pla fo 484 c. Debate upon the right of Tithes exceeding the fourth part Enjoining Cap. 2 Penance corporal or pecuniary Also if debate do arise upon the right of Tithes having his original from the right of Patronage and the quantity of the same Tithes do come unto the fourth part of the goods of the Church the Kings Prohibition shall hold place if the case come before a Judge Spiritual Also if a Prelate enjoin a penance pecuniary to a man for his offence and if it be demanded the Kings Prohibition shall hold place But if Prelates enjoin a penance corporal and they which be so punished will redeem upon their own accord such penances by money if money be demanded before a Judge Spiritual the Kings prohibition shall hold no place Laying violent hands upon a Clerk Excommunication for Cap. 3 Penance corporal Moreover if any lay violent hands upon a Clerk the amends for the Peace broken shall be before the King And for the Excommunication before a Prelate that Penance corporal may be enjoined which if the offender will redeem of his own good will by giving money to the Prelate or to the party grieved it shall be required before the Prelate and the Kings Prohibition shall not lie Prelates may correct for Defamation In Defamations also Prelates shall correct in manner aforesaid the Kings Prohibition notwithstanding first enjoining a penance corporal which if the offender will redeem the Prelate may freely receive the money though the Kings Prohibition be granted No Prohibition where the Tithe is demanded of a new Mill. Also
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
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
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-Arch-Bishops or Bishops should be void so that the rapine and prey made upon the Church was first restrained totally by him King James was not only a devout observor of the Government Rites His care of Religion and Ceremonies of the Church of England but made it one of his chiefest cares to have brought an Uniformity as well in Scotland as in England and proceeded so far as to settle Episcopacy among them naming thirteen new Bishops for so many Episcopall Sees as had been anciently in that Church three of which received consecration from the Bishops of England and conferred it on the rest of their Brethren at their comming home Which Bishops he armed also with the power of an High Commission the better to keep down the insolent and domineering spirit of the Presbyterians In order to the other he procured an Act to be passed in the Assembly at Aberdeen 1616. for composing a Liturgy and extracting a new book of Canons out of the scattered Acts of their old Assemblies At the Assembly held at Perth anno 1618. he obtained an Order for the receiving the Communion kneeling for the administring Baptisme and the Lords Supper in private houses in cases of extreme necessity for Episcopall confirmation and finally for the celebrating the Anniversaries of our Saviours birth his Passion Resurrection and Ascension and the coming down of the Holy Ghost all which he got confirmed in the following Parliament So far did this wise King advance the work of Uniformity before his engaging in the cause of the Palatinate his breach with Spain and the warre which issued thereupon did divert his thoughts To his peacefull disposition and his care of the Church and Religion His great learning and clemency in the next place may be truly added his great abilities in learning so far transcending not only the Kings of the present age his contemporaries but all his predecessors and surely scarcely to be paralled by any of his time as his many learned works testifie To these other virtues may be added a mind no wayes vindicative although sometimes transported with present passion yet of some small continuance that in person or estate he was never noted to punish any man rashly or extrajudicially And although he was no great lover
the Father may alter them and the Son sell them Primogeniture being so sacred a thing that Esau was said to be a despiser of his Gen. 25. 34. birthright that he set it at a price to save his life and being due by the Law of Nature he could not transfer it to Jacob by any act of his yet was it just with God because he despised it to transfer it to Jacob. 17. The submission to the will of one Man or one Council then becomes the Cap. 5. art 7. will of them all when every one of them obliges himself by pact to one another not to resist the will of this Man or this Council to which he hath submitted himself Observ Here is nothing to pass or to be transferred from one Man to another and therefore here can be no pact and here I would fain know how to bind and to be bound can be the same thing which Mr. Hobbs here makes But every Man binds himself forsooth and therefore every Man may when he will disoblige himself for unumquodque dissolvi potest eo ligamine quo ligatum est 18. The Right of punishing is then to be understood to be given to any one Cap. 6. art 5. when every one doth covenant that he will afford no help to him who shall be punished Observ What power of life or death is here any more then if a company of Men contract one with another that they will afford Mr. Hobbs no relief if another Man will kill maim or punish Mr. Hobbs that then this Man hath a power over Mr. Hobbs his life and person and this Right forsooth he will call gladium justitiae Art 6. 19. Having made the Temporal power to have its origination from the Inventions Pacts Wills and policies of Men he makes it Judge of all Cap. 6. art 11. Doctrins and Opinions of Faith and this from convenience for saies he If one may command any thing upon pain of Temporal death and another forbids it upon penalty of eternal death it will follow not only innocent Citizens may be punished but the City it self be dissolved for no Man can serve two Masters Observ I would know how this granted could Christianity be preached when the Temporal Laws every where did forbid it Our Savior saies Whoso hateth not Father and Mother and Wife and Children and Brethren St. Luke 14. â—6 St. Math. 10. 28. and Sisters yea and his own life he cannot be my Disciple And if Temporal powers command any thing contrary to the Laws of God we ought not to feare them that can kill the Body but are not able to kill the Soul but rather to feare him who is able to destroy both Body and Soul in Hell 'T is true indeed no Man can serve two Masters who may with equall Right command the same thing but a Man may serve two Masters who do not with equal Right command the same thing as a Tenant who owes Homage to his Lord is the Lords Man of life and limb and of earthly worship and ought to be true and faithful to him saving Littleton Hom. cap. 1. the Faith he owes to his Soveraign Lord the King and so every servant ought to obey his Master in all things which do not contradict Gods nor his Country-Laws and so ought every Man to submit himself to Temporal powers in all things if they be not repugnant to Gods Laws And let any Man see whether the whole scope of this Article be not to make all Faith and Religion as well as Society a meer invention and policy of Man and humane constitution and Creature of a Creature nor is the danger he makes so much to be feared for Ecclesiastical Powers have nothing to do with Secular jurisdictions 20. There are some doctrines held he saies by which Citizens are impowered Annot. art 11. Cap. 6. to deny Obedience to the Civitas and to fight against Supreme Princes and Powers and that by Right yea it behoves them and this belongs to the power which many do attribute to the Prince of the Church of Rome in aliena Civitate and to the power also which Bishops otherwhere out of the Church of Rome ascribe to themselves Observ I do not know nor did ever hear that any Bishops out of the Church of Rome did ever ascribe to themselves this Power Nor are there any Bishops in the Western Churches of Christendom out of England Ireland Sodorensis Episcopus and the Isle of Man if those in Scotland were not which is a question and sure this Hierarchy never challenged any such Power But why does this Man take such care for peace and quiet when as by his own principles he justifies all the actions of the League in France against Henry the fourth for Henry the third never gave nor sold the French Monarchy to Henry the Cap. 9 art 13. fourth nor did the Duke of Mayne and his party upon the death of Henry the third oblige themselves by pacts one to another that the will of Henry the fourth should be the will of them all 21. It is most manifestly false and contrary to the practice of the Cap. 5. art 9. whole world where Men are not condemned to slavery that servants have Cap. 8. art 5. no property against their Masters for where servants are not slaves they may both sue or implead and be sued or impleaded nay they may sue their Masters for Debt or not performance of Covenants c. 22. Where he makes the Fathers power not to arise from Generation but Cap. 9. art 1. that Art 7. Children are subject to their Father no otherwise then Servants are subject to their Masters is so wild and groundless an opinion that it is not worth an answering 23. It is he saies a seditious opinion that Faith and Sanctity are not acquired Cap. 12. art 6. by reason and study but alwaies supernaturally infused and inspired and yet he saies Cap. 18. Art 4. prope finem There is but one way to Science i. e. by definitions but this way to Faith does hurt Observ How these two are consistible I do not understand 24. Jus is contrary to Lex Cap. 14. art 2. prope finem Observ Therefore by the 4. Axiom lib. 1. Euclid Jus naturae is contrary to Lex naturae By Art 1. cap. 4. Lex naturalis est Lex divina And therefore by Art 2. cap. 14. Lex divina is contrary to Jus divinum which is most abominable Blasphemy Nay he says * Cap. 8 ar 10. and oftentimes in hi. s Preface Jus divinum positivum is the Scripture and here Lex divina positiva to be the Scripture So that he makes contraries to signifie the same thing Observ Lex naturae cannot be contrary to Jus divinum nor different but only in this Jus divinum is an absolute right in God to will or command any thing to be a Law of Nature and
c. was publickly worshipped and served And men who were of no Religion were always stigmatised with the most opprobrious name of Atheists as the most vile of Men. * Flaminem assiduum Jovi Sacerdotalem creavit Liv. lib. 1. Numa Pompilius therefore in the first place took care for the institution of a Religion among the Romans and to this end he created a Priest who should daily offer Sacrifice to Jupiter And so zealous were the * Selden Annal Angl. lib. 1. c 4. Caesar de Bell. Gal. lib. 6. Gamb Brit. p. 12. Druides in the old age of our Ancestors before Christianity was planted among us in their Religion or Publick Forms of Worshipping of God that none but the Priests and Schollars might learn them nor would they commit them to Letters both because they would not have them divulged least they should grow contemptible by being exposed to the view of the rude and ignorant multitude as also that their Schollars might the better retain them in their memory * Nicias Orat. Thucid. lib. 7. Nicias as the chief Argument of his justification and hope of belief from the gods in his greatest adversity says 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I have worshipped the gods frequently according to Law And heretofore in the Church of England set Forms of Prayers were not onely ordained that her sons of her Religion might meet at publick times to worship and serve God but the Minister or Priest was obliged every day to offer up the publick worship and service of God whether there were any present but himself or not for all sorts of men in their several vocations and stations That as the fire upon the Altar among the Jews might never go out so among us Christians might no day pass wherein the Publick Service of God was not offered up for all sorts of men 2. That Men honor and obey their Superiors Subjects their Soveraigns Children their Parents Servants their Masters 3. That Men be not Tale-bearers or Back-biters but avoid evil communication 4. That Men do not make advantage of anothers weakness to his damage 5. That Man in all things keep his Integrity that is not to answer so Integrity to another as to deceive him by equivocation or mental reservation if it does not appear that there is evil intent in the question 6. That Men perform their promise made although it be to their hinderance Promise 7. That Men bear a grateful minde for benefits received that is that Gratitude they do not suffer him from whom they receive a benefit to be in a worse condition then he was before he conferred it And if they have not in their power wherewith to satisfie yet that they bear it so in their mindes as to be ready to satisfie to their power Some Creatures who are not endued with Reason do imitate this Virtue the Storks when their Parents are viete and broken with age do relieve them by feeding and providing for them wherefore the Greeks called the Stork 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Beneficiorum retributorem See Grotius Annotations upon his Preface De Jure Belli Pac. 8. That men do well to their Wives Children and others as by nature and affinity allied unto them 9. That men be merciful wherein men ought not so much to observe the quantum as the cause of shewing mercy or pitty 10. That in revenge men do not respect the evil past but minde the future good which may happen from the punishment 11. That they neither by deeds words or countenance use another contumeliously 12. That they be not high-minded or over-conceited of their birth person or parts 13. That they be lowly minded and modest 14. Not to accept or respect persons in judgment 15. Where no Law gives propriety there ought community to be 16. Those things which can neither be divided or used in common that the decision be by lot 17. That the first-born be preferred and the Male before the Female 18. * That no man endeavor c. For that which is any mans by Divine Institution cannot be aliened neither by his will nor the will of all the men in the world and therefore cannot Episcopacy or Priesthood after Consecration and Imposition of hands be transferred because they are by Divine Institution Yet whatsoever Bishop or Priest shall endeavor for reward or price to alien it or deny it for safety of his life may as well be esteemed a prophane person as Esau was That no man endeavor to transfer or alien by Pact or Promise that right which God by the Law of Nature or Divine Institution hath given him 19. That Protection be granted to Ambassadors and Mediators of Peace 20. That no man seek private Revenge for any supposed Injury 21. That Judgment be pronounced without hope of reward or for applause of men 22. That where Evidence of Fact does not clearly appear that they take information from Witnesses 23. That the Judge be indifferent not byassed to either party either by Natural relations or by any precedent Obligation 24. These Moral Virtues are commanded by the Moral Law and are most truly and properly so as they are revealed and declared to mankinde by God in the holy Scriptures For the Will of God commanding in the Scriptures that is in the Old and New Testament is in all things by highest right to be obeyed and followed And because God hath created man with an immortal and eternal Soul and does not will the death that is the eternal death of a sinner he offers every man grace who does not refuse it by preferring some other things to lay hold of those means which he hath revealed in them for the obtaining of his eternal happiness 25. But because a man cannot well bear all these Virtues in his minde The sum or cause of all Moral Virtues contained in the Second Table in every action which a man intends if he would know whether it be against the Law of Nature or not Let him suppose himself in place of him with whom he intends this action and if he be not willing that this thing should be done to him let him not do it to another for upon this short and easie rule Whatsoever ye would that men should do unto you do ye even so unto them depends all the Law and the Prophets Matth. 7. 12. CHAP. V. Moral Virtues are commanded by God in the holy Scripture 1. THe Lord said Speak unto Aaron and unto his sons saying On this wise Religion or the worshiping of God in a Publick set form was instituted by God under the old and new Testament shall ye bless the children of Israel saying unto them The Lord bless thee and keep thee The Lord make his face shine upon thee and be gracious unto thee The Lord lift up his countenance upon thee and give thee peace And they shall put my name upon the children of Israel and I will bless them Numb 6. 22
or at least ought to be a Presbyter but every Presbyter is not a Bishop For St. Paul saies Against an Elder or Presbyter receive not an accusation but before two or three witnesses 1 Tim. 5. 19. But equals cannot judge equals therefore Timothy as a Presbyter could not judge a Presbyter therefore he should judge him as being Bishop and so by consequence Presbyters are subject to the judgment of Bishops that is in Episcopal jurisdiction Besides Bishops have power of ordination of Presbyters in every City 1 Tit. 5. 1 Tim. 5. 22. but it is no where found that ever Presbyters did ordain Bishops It is not therefore Ecclesiastical practice only that is the universal practice of all Christians in all ages untill John Calvin but the institution of our Saviour by which Bishops do excell and govern Presbyters It was after the destruction of Jerusalem that Episcopi Presbyteri caepere appellari Pontifices sacerdotes as the most learned Estius observes and that the name of Priest is not a Jewish Distin 24. l. 4. pag. 35 36. word is evident for Melchisedech was not a Jew and yet a Priest and our Saviour a Priest for ever after the order of Melchisedech 11. What St. Paul in the end of his Epistle to Timothy calls Bishop of An Apostle and Bishop the same the Ephesians St. John Revel 2. 1. calls Angel of the Church of the Ephesians So St. Paul and St. John understand the same thing by Angel and Bishop but Angelus and Apostolus are the same and therefore Episcopus and Apostolus are the same But what need that be proved by deduction which the Apostle Gal. 1. 19. expresseth For James was none of the twelve yet being Bishop of Jerusalem St. Paul testifies him to be an Apostle Besides it is evident Episcopatus is the office as well of an Apostle as a Bishop Act. 1. 20. There is therefore no difference between an Apostle and a Bishop only Apostles constituted by our Saviour had their function universal whereas the Bishops or Apostles ordained by the Apostles had but a Topical function that is the exercise of their power was restrained to their City or Diocess And all Ecclesiastical writers do affirm that St. James did preside in the Council of Jerusalem although St. Peter with other of the Apostles were Members of it 12. Our Saviour having promised the ghostly power of Confirmaion Ordination The Power of Bishops which Priests have not c. to be with his Church to the end of the world and the power of Ordination Confirmation and Excommunication being bequeathed only to the Apostles the power of Ordination Confirmation and Excommunication descend only to the Apostles successors viz. Bishops rightly ordained 13. Not the voice and letter but the genuine and true sense of the Of the interpretation of Scriptures Word of God is the Canon of Christian Doctrine for the minde cannot be governed by Scriptures unless understood It is necessary therefore that Scriptures be interpreted before they be made a rule It will therefore follow that either God hath left a Power which may interpret Scripture or else that God hath revealed himself to Men without sense or meaning but the latter of these is most false and blasphemous therefore it is true that God hath left a power upon earth which may interpret the Scriptures 14. If the Scriptures were as Arts and Sciences which are derived from The Scriptures cannot be interpreted by themselves that is one place by another higher Principles or Axiomes which though they cannot be proved but are as Aristotle calls them indemonstrable propositions yet are so clear and manifest that no exception can be taken to them then indeed the Scriptures as well as Arts and Sciences might be proved one place by another untill they were resolved to their first Principles which though granted cannot be proved But it is far otherwise with the Scriptures for there is no Scripture which is not of like Authority with any other every Scripture being the Word of God one place of Scripture therefore cannot be interpreted by the consequents which may follow from another any more then the consequents which follow from Quae eidem sunt aequalia inter se sunt aequalia may be interpreted by Omne totum est majus sua parte 15. There is no prophesie of the Scripture of any private interpretation Not all they who do translate the Scriptures are the intepreters of them 2. Pet. 1. 20. It is not therefore every one who can translate the Scripture out of one language into another with his own private conceptions upon them which renders them to be interpreted by him What then hath God revealed himself to mankind in general without sense or meaning No it does not follow for as in temporal Laws no man can interpret them but he that made them either by himself or them whom he shall constitute yet every man may by his reason and discourse direct his own actions in conformity to those Laws but if he shall do any act upon misconstruction or interpretation of his own his mistaking the meaning of the Law shall not excuse him So private men may endeavor to direct their actions accordingly as they suppose God hath directed them in the Scriptures yet if upon their own heads they undertake to interpret the Scriptures although in order only to their own actions their misunderstanding the Scriptures shall never excuse any unjust act 16. Every Law of God is the Word of God but every Word of God is not the Law of God as Jacob went into Egypt is the Word but not the To whom the Authority of the interpretation of Scripture doth belong the Law of God The Scriptures contain Political Historical Moral and Natural things which are not rules of the mystery of Christian Faith and Religion Those things which concern Morality and Temporal power and Government our Saviour made no alteration in them for he saies St. Matth. 5. 17. Think not that I am come to destroy the Law or the Prophets I am not come to destroy but to fulfil And therefore quid est homicidium quid furtum quid sit meum vel tuum c. belongs to the Temporal power as much since our Saviour as before and truly I do not think I should do the Church of England any wrong if I should with Lindwood affirm that not only the Probate of Wills but also the cognisance of Tithes was in the Church ex consuetudine Angliae but those things which relate to mysteries of Christian faith as our Saviors being the Son of God took humane nature upon him and was born of a Virgin preached repentance died upon the cross for the sinnes of the world rose again the third day c. God to make his power known by the preaching of a few mean men and Fishermen and from the mouths of babes and sucklings all Temporal power not only not permitting but
contradicting it converted the world to Christianity And although our Saviour gave power to all his Disciples to preach the Gospel yet only to the Apostles He expounded the Scriptures beginning at Moses And it was Luk. 24. 27. the Apostles understandings which he opened that they might understand the Scriptures And the spirits of the Prophets are subject to the Prophets ver 45. Our Saviour therefore having promised the continuance of all ghostly power in his Church and having given the power of the interpretation of the Scriptures that is those Scriptures which concern him immediately only to his Apostles the authority of the interpretation of the Scriptures is continued only in their successors the Bishops As my Father sent me so send I you S. Joh. 20. 21. 17. Our Saviour being the Head of the Catholique Church therefore To whom the right of making Ecclesiastical laws belongs all the body of the Church cannot make one Article de fide and Whoso shall go about to adde or diminish from the prophesie of the book of life God shall plague him and take away his part from the book of life Rev. 22. 18 19. Yet where he gives command to his Church to do any thing but gives it no direction how it should be done as Let all things be done decently and in order 1 Cor. 14. 40. there he gives the Church a power to make laws for the execution of his command for decencie and order must presuppose laws and directions and where there are no laws there things must necessarily be done indecently and disorderly It therefore belongs to the magisterial or governing part of the Church that is the Bishops to make laws for the decencie and order of the Publique service of God Consecration Sacraments things offered up to God and Rites of Marriage 18. It was only to Timothy as Bishop of the Ephesians that S. Paul To whom the composing of Publique Liturgies belongs 1 Tim. cap. 2. exhorts that first of all prayers supplications intercessions and giving of thanks be made for all men Therefore to Bishops it only belongs And S. Ambrose his Liturgy is continued in Milan to this day if no alteration were since the Council of Trent 19. The next Order in the Church of Christ to Apostles and Bishops Of Priests and their function is that of Presbytery or Priesthood as S. Paul says 1 Cor. 12. 28. God hath set some in the Church first Apostles secondly Prophets thirdly Teachers The Sacerdotal or Priestly power in most things is the same with Episcopal or Pontificial as both of them have power to consecrate the Sacrament of our Lords Supper and give it to the Laity both of them have power of Absolution and Remission of the sins of believing and repenting sinners both have power of Benediction of offering up the service of the Church both of them have power to preach the Gospel that is preach what our Saviour the Apostles and Evangelists taught and what Interpretation the Church hath made both have power of publique baptizing Infants both have power of visitation of the Sick celebrating Marriage and pronouncing man and wife But Ordination Confirmation Excommunication Interpretation of Scriptures And therefore if any Priest preaches any other Interpretation of the Scriptures than what the received Interpretation of the Fathers of the Eastern and Western Churches have made and the Councils of the first 400 years after our Saviour which Interpretation is received and acknowledged by the Bishops of the Church of England the Bishops by the testimony of two or three witnesses may judge him Visiting Parochial Congregations composing Publique Forms of Prayers Consecration of Churches and things offered up to God belong only to Bishops 20. Deacons are almost in the same proportion to Priests as Priests Of Deacons and their function are to Bishops Deacons may preach the Gospel which is evident for the Samaritans were converted by the preaching of Philip. A Deacon is the Minister of Bishop and Priest to assist them in offering up the Publique Act. 8. 12. service of the Church in giving the Cup after them in the Sacrament in taking the offerings of the Priest in the Visitation of the sick in Publique Baptism But a Deacon cannot consecrate the Sacrament pronounce Absolution nor Benediction and these three no question are the Orders which S. Paul calls first Apostles secondly Prophets thirdly Teachers 1 Cor. 12. 28. for in all things but only preaching and baptizing a Deacon is the Minister of the Priest and Bishop 21. Ecclesia says S. Cyprian est plebs episcopo adunata or as the Church What is a Church of England hath defined it a Church is a Bishop Curates and Congregations committed to his charge Every Congregation being a Parish that is a Priest rightly instituted and inducted exercising his function and the inhabitants of that Parish conforming themselves to the rules of the Bishop Una ecclesia plures episcopos non habet plures presbyteros habet And therefore S. James says If any among you be sick let him call the elders of the Church cap. 5. 14. such was the Church of Ephesus of Smyrna Laodicea Antioch c. and such is the Church of London Rochester c. A National Church is the aggregation of several Churches in one A National Church Kingdom in the same form of Liturgy Doctrine and Publique Worship of God such are the Churches of Greece Moscovy England France c. The Catholique Church is all Christian Churches united to one Head The Catholique Church Christ Jesus 22. He that heareth not and obeyeth not the Church is to be accounted He that denies the authority of the Church denies the authority of the Scriptures S. Luk. 10. 16. as a Heathen man Matth. 18. 17. And what is a Heathen man but he which denies or believes not the Scriptures Nor is it men which men despise and set at nought in despising the Church but God and Christ himself for He that despiseth you viz. them sent by Christ despiseth me and he that despiseth me despiseth him that sent me That Regality is a sacred order being an institution of God Gen. 49. 10. Annot. 1 and every King the Lords Anointed is in more then thirty places expressed by God himself It is therefore I conceive why the Church of Rome allows Kings the Sacrament in both kinds But how Kings as being Christian can have any ghostly power instituted by our Saviour to be only in his Church and that only by such means as he hath prescribed I do not understand For Kings as Kings are no essential part of Christs Church and therefore cannot create ghostly power And this King James confessed as you may read in Spotswoods History p. 514. And if Kings by becoming Christian have ghostly power then is the power left by our Saviour to his Church not only weakned by Kings being converted to Christianity but also divided which is
special matter they cannot well discern or judge I have therefore been particular herein as well to shew into what cause Annot. not only both Houses conjunctly but every particular Member in either have a right of being as also since Non datur progressus ad infinitum the Parliament being a body compounded of heterogenial or dissimilar parts if they sever or divide into what Subjects may ultimately with good conscience resolve their faith and obedience And no question it is better any thing should be Law then that every thing should be lawful And that is the greatest slavery where Subjects know not where to pay their obedience and from whence to expect protection but where different Factions shall with equal right or injury impose their lusts and wills for Laws to their Fellow-subjects The Jurisdiction of Parliament is so transcendent that it maketh inlargeth The Jurisdiction of Parliament diminisheth abrogateth repealeth and reviveth Laws Statutes Acts and Ordinances concerning matters Ecclesiastical Capital Criminal Common Civil Martial Maritime and the rest It may make Daughters and Heirs apparent of a man or woman during the life of the Ancestor Com. Lit. 110. adjudge an Infant or Minor of full age attaint a man of Treason after his death it may Bastard a Child that is Legitimate it may make a Bastard Inst 2 par 36. Legitimate A Parliament was called before the Conquest Michael Sinoth Michael By what other names called Gemote Ealsa Witenage Mote that is to say the Great Court or Meeting of the King and of the Wise men sometime of the King with the Council of his Bishops Nobles and wisest of his people The French call it Les estates and L'assemble des estates the Parliaments in France are no other Inst par 1. 110. a. then our Courts of Kings-Bench Common-Pleas Exchequer and Chancery in England The Germans call it a Dyet And Inst 4. p. 2. it was antiently called Witenage mote Conventus sapientum Commune concilium regni Generale concilium regni Concilium regni Assisa generalis Tully calls it Consessum Senatorum à considendo c. Object But it may be it will be objected That though the King be principium caput finis Parliamenti and that every Member as well as both Houses have their original right and sitting there from him and that though Laws of right ought to pass in Parliament at the rogation request or petition of the Commons by the counsel and advice of the Lords yet the Kings of the Nation have long since divested themselves of this power and have granted the Lords and Commons a concurring power in the making of Laws or by custom and usage it hath been so time out of mind and so ought to be observed as a Law To the first I say Kings reign by a higher then any humane law and Ans 1 therefore no act of any King can divest himself or successor of any attribute due to him or his successor And if Kings actions did oblige themselves or successors then were this Crown not free but subject to the Pope because King John made it so But I deny the assertion for it is false that ever any King of this Realm did ever grant the Parliament or either House a concurring power of making Laws with him For the second No usage prescription or custom can take place Ans 2 where there are records or proofs to the contrary Whether we cannot give proofs enough to the contrary judge good Reader David's calling all the Lords of Israel the Lords of the Tribes the Lords of the Companies that ministred to the King by course the Captains over thousands and over hundreds and the Lords that had the oversight over all the substance and possession of David and of his sons with the Chamberlains and all the mighty and all the valiant and all the active men unto Jerusalem to consult concerning the building of God a house 1 Chron. 28. 1 2. was a Parliament So was that Convention of Solomon's Inst 4 par 3. Ibid. 2 Chron. 2. and that Convention of the Israelites Judg. 20. 11. Ego Inas Dei gratia Westsaxonum rex exhortatione doctrina Cenredes patris mei Heddes episcopi mei Erkenwaldes episcopi mei òmnium Aldremannorum meorum Seniorum sapientum regni mei multaque congregatione servorum Dei sollicitus de salute animarum nostrarum statu regni mei constitui rectum conjugium recta judicia pro stabilitate confirmatione populi mei benigna sedulitate celebrari nullo Aldremanno vel alicui de toto regimine nostro conscripta liceat abolere judicia was an Act of Parliament Proem par 9. Reports Edwardus rex admonuit omnes sapientes suos qui fuerint Exoniae ut investigarent simul quaererent quomodo pax eorum melior esse possit quà m ante fuit was an Act of Parliament by Edward King Alfreds son Ibidem Haec sunt instituta quae Edgarus rex consilio sapientum suorum instituit were Acts of Parliament Ibidem Hoc est consilium quod Etheldredus rex omnes sapientes sui condixere ad emendationem pacis omni populis apud Woodstock Haec sunt verba pacis prolocutionis quae Etheldredus rex omnes sapientes ejus cum exercitu firmaverunt qui cum Anulano Justino Guemundo Stigrani filio venit Et haec instituerunt Etheldredus rex Sapientes ejus apud Habam were Acts of Ibidem Parliament Edmundus rex congregavit magnam Synodum Divini ordinis Seculi apud Londonum civitatem in Sancto Pasch solenni hae sunt institutiones quas Ed. rex episcopi sui cum sapientibus suis instituerunt apud Culinconam c. paulo post Ego Edmundus rex mando praecipio omni populo senior ' junior ' qui in regione mea sunt qui investigans investigari cum sapientibus Clericis Laicis were Acts of Parliament Ibidem Haec sunt statuta Canuti regis Anglorum Danorum Norvegar ' venerando sapientum ejus consilio ad laudem gloriam Dei sui regalitatem commune commodum habita in Sancto Natali Domini apud Wintoniam c. were Acts passed in Parliament Ibidem Rex Canutus an regni sui 5. per 130 annos ante copilationem decretorum quae an Dom. 1150. fuer ' copilat ' anno 7 pontificatus Papae Eugenii tertii ante copilation ' aliorum Canon ' quorumcunque cunctos reg ' sui praelat ' proceresque ac magnates ad suum convocans Parliam ' in suo publico Parliam ' persistentibus personaliter in eodem Wulstano Adelnodo archiepisc ' Ailwino episc ' Elmehamense aliis episcopis ipsorum suffragan ' septem Ducibus cum tot Comitibus nec non diversorum monaster ' nonnullis Abbatibus cum quamplurimis gregariis milit ' ac
your souls sad rather then instructed you with sound and wholesome Doctrine it seemed good to us being met together to send to you Barnabas and Paul who had ventured their life for the Name of Christ With them we send Judas and Sylas who shall speak the same words It seemed good to the Holy Ghost and us not to impose more necessary burden then these things upon you That ye abstain from things offered to Idols and Blood and things strangled and from fornication and that ye will that which ye would other men should do to you From this one Commandment it is manifest That a man should restore every man his right neither is there need of any other Law-book This he should remember who sits a Judge over other men That he should not give that judgment upon other men which he would not have given upon himself After the Gospel of Christ was preached many Nations as also the English by Faith joyned themselves to the Word of God Some Bishops and other famous men as well in England as other Regions held a Council of wise men and these men taught by Gods mercy imposed upon every sinner a pecuniary mulct and left the power of exacting it to the Magistrates without any offence to God having obtained leave onely to the betrayer and forsaker of our Lord they did not judge fit that this light punishment should be inflicted because they deemed such a man not worthy to be spared as well because God would have such contemners of him unworthy of all mercy as also that Christ Gods Son would not have mercy on them that betrayed him to death and he bid them to worship God before any other They therefore in many Synods constituted punishments for all sins and commanded them to be written These Laws have I Alfred the King gathered together and commanded to be written a good part whereof our Ancestors have religiously observed there are also many things worthy to be observed of us with like Religion in this age yet some there are which seem less profitable to us by the advice of wise men I have altered some I have made new And because it may seem rashness for any one to command to be written more then his own Decrees as also it would be an uncertain thing how they would be esteemed afterward of which we make great account Whatsoever are worthy to be observed in the acts of Inas my Kinsman of Offa King of the Mercians or Ethelbert who was the first of Englishmen that was baptized I have collected them all and the other left And in taking them I Alfred King of the West-Saxons have used the counsel of the most wise men and it hath pleased them all to judge them worthy to be kept Of the Priviledge of the Church Cap. 2. If any man guilty of any crime shall flee to a Religious house if that belong not to the Farm of the King or some Honorable family let him there remain three nights in which let him heed his salvation unless in the interim he return into favor And if any one shall during that time weaken him with fear of stripes bonds or wounds let him be free as the custom of the Nation is with the price of his head and with fine and the damage of violation of the liberty of the Church with One hundred and twenty shillings to boot Of the Priviledge of Sanctuary Cap. 5. We do further grant this peace to every Church consecrated by a Bishop If an enemy afflict another and he implores help of the Temple let him in seven days be taken out by no man if for hunger he can live so long and not opened his way by force If a man does otherwise let him be held a breaker of the King and Church and also of a more grievous crime if he shall have stoln any thing thence If the Governor have more then ordinary occasion to use that place provide for him in another house which has not more doors then that which shuts the Church and let the Governor take care that in the mean time he gets no meat But if he will give his arms into the power of his adversaries let them keep him safe thirty days and then give him into the hands of his kindred Also the freedom of the Church is if any guilty man flee to the Church before he be accused and there confess it in Gods name he shall be remitted half of his mulct Of Sacriledge Cap. 6. If a man steal any thing in a Church let him pay the value of the thing stolne and that punishment belonging to that value and that hand wherewith he stole be cut off if he will redeem his hand and it be granted him let it be with the price of his head If a man steal upon a Sunday Christmas-day Easter-day Holy Thursday or upon a Communion-day let him pay double as also in the Fast of Lent Of them who steal money out of Churches 8. If any man shall take money out of a * * Church Minster without the Kings leave or the Bishops he shall pay 120 shillings half to the King half to the Bishop and the Lord of the Church Of the Fighting of Priests 21. If a Priest slea any man let all he has acquired be confiscate and the Bishop degrade him and let him be thrust out of the Church unless the Lord of the house will forgive him the price of his head Of him who binds himself to God or enters into Religion 28. If any other accuse a man entred into Religion or bound to God that he hath not performed something of those things which he has mentioned let him give a Fore-oath in four Churches and the other if he will justifie himself let him do it in twelve Churches Of Fight 38. This Chapter gives a Priviledge for the honor of the Church in case of Manslaughter to him who flees thither Of Mass-Holidays 39. All Freemen have freedom granted them on these Holidays but not Servants The twelve days in Christmas the day on which Christ subdued the Devil the Anniversary feast of S. Gregory and seven days before Easter and seven days after the Feast-days of S. Peter and S. Paul In Autumn the whole week which is before the Feast of Mary the Feast-days of all Saints and the four Wednesdays in Ember-weeks let servants have all holy liberty given and freedom that they may spend all their endeavor upon the benefit of those things which they have heretofore received in Gods name or for whatsoever benefit he shall hereafter earn The League of King Edovard and Guthrun Preface THese are the institutions of King Alfred and King Guthrun and then King Edoard and King Guthrun made in those very times when the Danes and English made league and bound themselves that those things which are afterward recited should be often amplified and increased to the common benefit of the Realm
Tribute or of St. Peter Cap. 20. Who shall deny the peny of St. Peter the peny let him pay by the Justice of the Church and thirty pence forfeiture and if he will be impleaded concerning it by the Justice of the King let him forfeit to the Bishop thirty pence and forty shillings to the King Of Religion and the publick Peace 51. First of all we Ordain above all things That one God be worshipped all over our Kingdom and the one Faith of Christ be always kept inviolate c. The Laws are Translated out of the Original set forth by Mr. Abraham Whelock in his Appendix to the History of Bede from page 150. to 107. Sir Ed. Coke in Caudrys Case cites a quare Impedit 7 Ed. 3. tit 19. where it is agreed that no man can make an appropriation of any Church having cure of souls being a thing Ecclesiastical and to be made by some person Ecclesiastical but he that hath Ecclesiastical Jurisdiction but William the first of himself without any other as King of England made appropriation of Churches with cure to Ecclesiastical persons wherefore it does follow he had Ecclesiastical Jurisdiction Here is nothing but argumentum à facto ad jus and a man may as well infer that Saul Jeroboam and Azariah did offer sacrifice and burn incense and therefore they had Sacerdotal power in them or that King John did give the Crown and received it again from him and therefore the Crown of England is holden of the Pope Ecclesiastical Laws made by Henry the first Who began to Reign in the year of Christ 1100. THese at last are the happy joys of the long wished for peace and liberty Proem by which the glorious Cesar Henry doth shine forth to his whole kingdom in Divine and Secular Laws written Institutes and Exhibitions of good Works Moderate Just Valiant Prudent whom God may make to command with happy auspices and healthful prosperity of body and minde with his famous wife Maud the second and their children for ever and the everlasting peace of this Nation His Epistle to all his Leigmen 1. Henry by the Grace of God King of Englishmen to all Barons and his Leigmen French English health Know that I by Gods mercy and the Common Counsel and consent of the Barons of the Kingdom of England am Crowned King of the Kingdom aforesaid and because the Kingdom was oppressed by unjust exactions I in respect of God and the love which I have towards you all first of all make the Church of God free so that I will neither sell nor let to farm nor after the death of an Archbishop or Bishop or Abbot will take any thing of the Demesns of the Church or her men until the successor be come in c. Of the propriety of Causes Cap. 5. In all Causes Ecclesiastical and Secular legally and in order to be handled some are Accusers some Defenders some are Witnesses some are Judges In every discussion of honesty fitting men are to be joyned together and that without any exaction until the quality of the Causes and the intention of the Accused the manner of Witnesses and election of Judges be weighed with upright scrutiny Let there be no foreign Judgements nor celebrated by their improper Judge in place or time nor in a doubtful case or the party accused being absent the sentence being pronounced notandum that for all if the accused had competent warning and lawful leave of answering and defending he be not denied or impleaded or outlawed or circumvented by some stealth or judged by deceit If he be satisfied in the Witnesses Judges and Persons If he consent to the Judges or hurt or contradict It is not altogether so in Ecclesiastical business as Secular in Secular business after that any is called shall come and begin to plead in the Court it is not lawful to go back before the Cause be determined although they shall agree but in Ecclesiastical business it is lawful to go back in the Cause aforesaid If a man suspect a Judge or think himself oppressed surely Judges ought not to be so nisi quos impetitus Elegerit Neither may any one be heard or give judgement before that they be chosen and he who refuses to consent to the elected let no man communicate with him until he obey but if in judgement there arises dissention among the parties of which a strife comes forth let the sentence of the more prevail It is Enacted in the Cause of Faith or of any Ecclestastical Order he ought to judge who neither takes reward nor is of another Law and will do nothing without an accuser For God and our Lord Jesus Christ did know Judas to be a Thief but because he was not accused therefore he was not rejected and whatsoever he acted among the Apostles for the dignity of his Office remained firm As also Clerks ought not to receive Laiks Accusers so ought not Laicks to receive Clerks to be Accusers of Clerks in their Accusations and Informations and Witnesses ought to be legitimate and present without any infamy or suspition or manifest spot because they cannot rightly accuse Priests who cannot be Priests nor of their Order nor is it needful to Judge a man before he hath had lawful Accusers present and accepts a place of defence to wash out his crimes And it is our pleasure as often as many crimes are objected to Clerks by Accusers and they cannot make good one of the first of which they are accused they shall not be admitted to the rest And a Bishop shall not be condemned unless by seventy two Witnesses nor the Archbishop be judged of any A Presbyter-Cardinal Note the preheminence of a Bishop in England at this time above a Cardinal shall not be condemned unless by forty four Witnesses a Deacon-Cardinal shall not be condemned unless by twenty six Witnesses nor a Sub-Deacon under seven nor let the greater despair for the force of the lesser men and there always the Cause may be Pleaded where the Crime is admitted If a man stricken will he may plead his cause before his Judge and if he will not before his Judge he may hold his peace and as for men stricken as often as they desire respit let it be granted And every man which objects a crime let him write that he will prove it and if before he be changed he will not follow he is convinced no crime is to be accounted But if he will prosecute if he shall not prove what he objects let him undergo the penalty which he brought the Apostle says Against a Presbyter a writing is not to be received without two or three approved witnesses how much more against Bishops if these things be observed of Presbyters and other faithful men If any one will accuse any of the Clerks in an accusation of Fornication according to the precept of St. Paul two or three testimonies are required from him but if he
It was afterwards in open Parliament by grievous complaint of all the St. 25. Ed. 3. Commons of this Realm shewed that the grievances and mischiefs aforesaid did daily abound to the great damage and destruction of this Realm more then ever before viz. that of late the Bishop of Rome by procurement of Clerks and otherwise had reserved and did reserve daily to his collation generally and especially as well Archbishopricks Abbeys and Priories as all other dignities and other benefices of England which were of the Advowry of people of the holy Church and gave the same to Aliens as well as to Citizens and taketh of all such benefices the first fruits and many other profits and a great part of the treasure of this Realm was carried away and dispended out of the Realm by the Purchasers of such graces and also by such privy reservations many Clerks advanced by the true Patrons which peaceably holden their advancements by long time were suddenly put out Wherefore the said Commons did pray the said Soveraign the King that since the right of the Crown of England and the Law of the said Realm was such that upon mischiefs and damages which hapned to this Realm he ought and was bound of the accord of his people therefore to provide remedy and Law c. The said King Ed. 3. seeing the mischiefs and damage aforesaid c. and forasmuch as he was bound by his Oath to see the same to be kept as a Law of this Realm though that by sufferance and negligence it had been sithence attempted to the contrary also having regard to the grievous complaints made to him by his people in divers his Parliaments holden heretofore willing to ordain remedy for the great damage and mischiefs which had hapned and daily did happen to the Church of England by the said cause by the assent of all the great men and the commonalty of the said Realm to the honor of God and profit of the said Church of England and of his Realm did order and establish that the free election of all Archbishops Bishops and all other dignities and benefices electory in England should hold from henceforth in the manner as they were granted by the Kings progenitors and founded by the ancestors of other Lords and that all Prelates and other people of the holy Church which had Advowsons of any benefices of the Kings gift or of any of his progenitors or of other Lords and Donors to do divine service and other charges thereof ordained should have their collations and presentments freely as they were enfeoffed by their donors and in case that reservation collation or provision be made by the Court of Rome of any Archbishoprick Bishoprick Dignity or other Benefice in disturbance of the election collation or presentments aforesaid That at the time of the avoidance that such reservations collations and provisions ought to take effect the said Ed. 3. and his heirs should have and enjoy for the same time collations to the Archbishopricks and other dignities elective which is of his Avowry such as his Progenitors had before that free election was granted since that the elections were first granted by the Kings progenitors upon a certain form and condition as to demand license of the King to chuse and after the election to have his Royal assent and not in other manner which condition not kept the King ought by reason to resort to his first nature Upon complaint made by the great men and commons it was assented St. 27 Ed. 3. and accorded by the King great men and commons aforesaid that all the people of the Kings Allegiance of what condition that they be which shall draw any out of the Realm in plea whereof the conusance pertaineth to the Kings Court or of things whereof Judgement were given in the Kings Court or which did sue in any other Court to defeat or impeach the Judgments given in the Kings Court should incur the danger of a Premunire Made to confirm the Acts made the 25. and 27. years of the said Kings Reign but those that made those good Laws against such capital offenders St. 28 Ed. 3. Cap. 1. 2. 3. 4. were cursed defamed and reproved by such as maintained the usurped jurisdiction of the Church of Rome against which an especial Act of Parliament was made by the King and his whole Realm prohibiting thereby such defamations and reproofs In the Reign of Richard the second Against an Incumbent of the Church of England another sueth a provision 12 Rich. 2. tit Jurisdict 18. in the Court of Rome and there pursueth until he recovereth the Church against the Incumbent and afterward brought an action of account against him as receiver of divers sums of money which in troath were the oblations and offerings which the Incumbent had received and the whole Court was of opinion against the Plaintiff and thereupon he became nonsuit It is declared by that Parliament that the Crown of England hath been St. 16 R. 2. Cap. 5. so free at all times that it hath been in subjection to no Realm but immediately subject to God and none other and that the same ought not in any thing touching the Regality of the same Crown be to the Bishop of Rome nor the Laws and Statutes of this Realm by him frustrated or defeated at his will to the perpetual destruction of the King his Soveraignty Crown and Regality and of all his Realm And the Commons in that Parliament affirmed that the things attempted by the Bishop of Rome be declared against the Kings Crown and his Regality used and approved in the time of all his Progenitors In the Reign of H. 4. H. 4. fol. 9 It is resolved that the Popes Collector though he hath the Popes Bull to that purpose hath no jurisdiction within this Realm and there the Archbishops and Bishops c. of this Realm are called the Kings spiritual Judges By the ancient Laws Ecclesiastical of this Realm no man could be convicted of Heresie being high-Treason against the Almighty but by the Archbishop Fitz. nat B. 269. Candries Case and all the Clergy of that Province and after abjured thereupon and after that newly convicted and condemned by the Clergy of that Province in the general councel of the convocation but the St. of 2 H. 4. Ca. 15. doth give the Bishop of the Dioces power to condemn a Heretick and that before that Statute he could not be committed to the secular power to be burnt until he had once abjured and was again relapsed to thar or some other Heresie whereby it appeareth that the King by the consent of Parliament directed the proceedings in the Court Ecclesiastical in case of Heresie and other matters more Spiritual Well but suppose the King did so it proves nothing for it is but matter of Fact But it does not appear neither that this direction of the King by consent of Parliament did direct the proceedings in the
Court in the conusance of Heresie but onely for the punishment of Heresie adjudged in the Ecclesiastical Court and all men know that it is the Temporal not Ecclesiastical power although it may be executed or pronounced by Ecclesiastical persons that punisheth men for Spiritual Crimes The Pope cannot alter the Laws of England The Judges say that the Statutes which restrain the Popes provisions 11 H. 4. 37. 11 H. 4. fol. 69. 76. to the Benefices of the Advowsons of Spiritual men were made for that the Spiritual durst not in their just Cause say against the Popes provisions so as those Statutes were made in affirmance of the common Law Excommunication made by the Pope is of no force in England and the same being certified by the Pope into any Court in England ought not to 14 H. 4. fol. 14 c. be allowed neither is any Certificate of any Excommunication available in Law but that which is made by some Bishop in England for the Bishops are by the common Laws the immediate Officers and Ministers of Justice to the Kings Court in Causes Ecclesiastical If any Bishop do Excommunicate any person for a cause that belongeth 14 H. 4. 14. not to him the King may write to the Bishop and command him to assoyl and absolve the party If any person of Religion obtain of the Bishop of Rome to be exempt St. 2. H. 4. Cap. 3. from obedience regular or ordinary he is in case of a Premunire which is an offence as hath been said contra Regem coronam dignitatem ejus Upon complaint of the Commons of the horrible mischiefs and damnable customs which there were introduced by the Church of Rome that no St 6. H. 4. Cap. 1. person Abbot or other should have any provisions of Archbishoprick or Bishoprick which should be void till he had compounded with the Popes Chamber to pay great and excessive sums of money as well for the first fruites of the same Archbishoprick or Bishoprick as for the other less services in the said Court and that the said sums or greater part thereof be paid beforehand which sums passed the double or treble of that that was accustomed of old time to be paid c. It was therefore Enacted That they and every of them that did pay greater sums then had of old time been accustomed to be paid into the said Chamber should incur the forfeiture of as much as they may forfeit to the King No person Religious or Secular of what estate or condition that he St 7. H. 4. Cap. 6. were by colour of any Bulls containing Priviledges to be discharged of Tythes appertaining to Parish-Churches Prebends Hospitals Vicaredges Purchased before the first year of King R. 2. or after not executed should put in execution anysuch Bills so Purchased or any such Bulls to be Purchased in time to come upon pain of a Premunire In the Reign of Hen. 5. In an Act of Parliament made in the third year of Henry 5. it is Declared 〈…〉 H. 5. â—â—â— 4. â— That whereas in the time of H. 4. father to the said King the seventh year of his Reign to eschew many discords and debates and divers other mischiefs which were like to arise and happen because of many provisions then made or to be made by the Pope and also of licence thereupon granted by the said King among other things it was Ordained and Established That no such Licence or Pardon so granted before the same Ordinance or afterwards to be granted shall be available to any Benefice full of any Incumbent at the day of the date of such Licence or Pardon granted Nevertheless divers persons having provisions of the Pope of divers Benefices in England and elsewhere and Licenses Royal to execute the same Provisions have by colour of the same Provisions Licenses and acceptations of the said Benefices subtilly excluded divers persons of their Benefies in which they had been incumbents by a long season of the collation of the very Patrons Spiritual to whom duely made to their intent to the final destruction and enervation of the Estates of the same Incumbents The King willing to avoid such mischiefs hath Ordained and Established That all the Incumbents of every benefice of Holy Church of the Patronage Collation or presentation of Spiritual Patrons may quietly and peaceably enjoy their said Benefices without being inquieted molested or any way grieved by any colour of such provisions licencies and acceptations and that all licences and pardons upon and by such provisions made in any manner should be void and of no valour and if any feel himself grieved molested or inquieted in any wise from henceforth by any by colour of such provisions licenses pardons or acceptations that the same molesters grievers or inquesters and every of them have and incur the pains and punishments contained in the Statutes of Provisors before that time H. 4. St. 2 H. 5. Cap. 7. Lollardy Was made for extirpation of Heresie and Lollardy whereby full power and authority was given to the Justices of Peace and Justices of Assize to enquire of those that hold Errors Heresies or Lollardry and of their maintainers c. and that the Sheriff or other Officer c. may Arrest and apprehend them A man should undertake a very hard task that goes about to maintain that all Humane Laws did never transgress their limits nor encroach upon things that were not properly in their conusance and this Law ill suits with the temper of these times The King by consent of Parliament giveth power to Ordinaries to enquire St. 2 H. 5. Cap. 1. of the Foundation Erection and Governance of Hospitals other then such as be of the Kings Foundation and thereupon to make correction and reformation according to the Ecclesiastical Law nor could any other Power grant such Ordinances In the Reign of Henry the sixth 8 H. 6. fol. 3. Excommunication made and certified by the Pope is of no force to disable any man within England and this is by the ancient Common Laws before any Statute was made concerning forein Jurisdiction The King onely may grant or licence to Found a Spiritual Corporation 9 H. 6. fol. 16. The Pope wrote Letters in derogation of the King and his Regality 1 H. 6. fol. 1â— and the Church-men durst not speak against them but Humfrey Duke of Glocester for their safe keeping put them into the fire In the Reign of Edward the fourth The Pope in the Reign of King Ed. 4. granted to the Prior of St. Johns H. 7. f. 20. to have Sanctuary within his Priory and this was pleaded and claimed by the Prior but it was resolved by the Judges that the Pope had no power to grant any Sanctuary within this Realm and therefore by Judgement of Law it ought to be disallowed There it appeareth that the opinion of the Kings Bench had been oftentimes Ed. 4. 3. that if one Spirital
excommunicated or damned who differ in some things from the doctrine of the Pope who appeal from his decrees and hinder the execution of the ordinances of him or his Legates Although the Sesession of the Church King and Kingdom of England The reformation of King 1 d. was not Schismatical from the Papacy were an Act of Schism yet being done in the Reign of H. 8. one of the greatest favorers of the Papacy that ever was King of England and to his death as great an assertor of the Rites Ceremonies and Religion of it and in such a state independent from the Church of Rome was the Church and Kingdom at the time of Edwards Reformation whatsoever therefore his Reformation was yet could it not be Schismatical Whatever the Romanists pretend to unity and peace in their Church yet The rites and ceremonies of Edwards reformation were more uniform then before it is most manifest that in the Realm of England and Dominion of Wales in several places were used divers forms of Prayer commonly called the Service of the Church viz. that of Sarum of York of Bangor and Lincoln but also of late divers and sundry forms and fashions were used in the Cathedral and Parishes Church of England and Wales as well concerning the mattens or morning prayer and evening song as also concerning the holy Communion commonly called the Mass with divers and sundry rites and ceremonies concerning the same and in the administration of other Sacraments of See preamble to the Statute of 2 3. Ed. 6. Cap. 1. That the Scriptures Lords Prayer and Creed should be read in the English tongue is no new thing in England the Church whereas the service enjoyned in the Reign of Ed. 6 was uniform in all places of England and Wales as well in Parish Churches as Cathedrals In the Reign of King Ethelbald in the year of our Saviors incarnation 748. in a convocation held in the Prouince of Canterbury Cuthbert the Archbishop of his Clergy did Enact that the sacred Scriptures should be read in their monasteries the Lords Prayer and Creed taught in the English tongue Speed in the Reign of Ethelbald para 4. page 343. and how much it was against the Word of God and the custom of the ancient Church to use a tongue unknown to the people in common prayer and administration of Sacraments see the conference at Westminster an primo Eliz. which were never yet answered that I know of If any thing Heretical had been contained in the common Prayer administration Edwards reformation was not Heretical of Sacraments c. made in the Reign of Ed. 6. it would have been sufficiently shot at having so many adversaries at home and abroad but no such crime was ever that I ever heard of imputed to it if there be let the adversaries of it yet shew it affirmanti incumbit probatio If then not onely the Kings and supreme powers always under the old Covenant King Edwards Reformation was warrant-able materially and formally had this right of invoking the high Priest and other Priests and if God always punished the Kings of Judah and Israel for suffering the people to commit Idolatry and if God himself so often commends the zeal and reformation of Jehoshaphat Hezekiah Asa Josiah c. and if ever since Christianity the Bishops by that Divine Canon to Timothy have always had in 1 Tim. cap 2. their particular Churches right of composing publick Liturgies and in national Synods a right of composing publick and national Liturgies And the Liturgy of Edward being composed and received by the Bishops of the Church of England to that end convened and assembly by the King this Liturgy being neither schismattical nor containing any thing heretical is both for matter and form warrantable Object If the Sacriledge and extention of the civil Jurisdiction in giving the civil Magistrate licence to take cognizance of the publique Liturgy and administration of the Sacraments be objected The answer is easie Let the Courtiers and Parliament answer for it the Church was patient not agent in them The Church of Rome having robbed the poor laity of one half of the institution of the Sacrament of the Lords Supper and kept the people in such The King and Church had great reason to make Reformation in Religion stupid ignorance that in the publick worship and service of God they should neither use their reason nor understanding by imposing it upon them in an unknown tongue as if in the publick worship and service of God he were not to be served by intellectual and rational creatures and had filled the Mass with more prayers to the Virgin Mary and Saints which could no ways relieve them and so at best super fluous and vain there was great reason in the King and Church to a make a reformation of the Religion and publick Worship and Service of God Of Queen Maries Ecclesiastical Laws Although King Ed. were a Prince of transcendent Vertue and Learning far above his years yet doubtless his youth was not onely much abused in his Reign where a man might have seen all the woes pronounced by God upon that Nation where the King is a childe or where a company of men in Parliament arrogate to themselves the Politick capacity of a King abstracted from his person but also at his very death caused not without suspicion of poyson was he deluded upon specious pretences by his whole Councel but principally by the Duke of Northumberland to make way for the Lady Jane Gray in the time of his sickness married to his fourth son Guilford Dudley to declare the said Lady Jane the rightful heir and successor to the English Monarchy to the manifest wrong and injury not onely of Queen Mary and Elizabeth afterward Queens of England but also of Mary Queen of Scots heir to Margaret the eldest daughter of Henry the seventh whereas the Lady Janes Title was descended from Mary the younger daughter of H. 7. yet it so pleased God that this unjust Will should onely bring destruction both to the Lady Jane and her husband whereas the Ladies Mary and Elizabeth and the Posterity of Mary Queen of Scots did all succeed and enjoy the possession of the English Diadem of which they were debarred by this Will of King Edward That the Title of Head of the Church was continued by Queen Mary appears by the Parliament begun and holden at Westminster the fifth of October in the first year of her Reign in the first and second session of it where she is stiled our Gracious Soveraign Lady Mary by the Grace of God Queen of England France and Ireland Defender of the Faith and in Earth Supreme Head of the Church of England and Ireland but in the second Parliament of her Reign being holden at Westminster the second of April the first year of her Reign the Title of Supreme Head of the Church of England and Ireland is not mentioned Declares
Queens Realms or Dominions should incurre the danger of a Premunire If any man shall the second time maintain the Pope to have any jurisdiction or authority in any of the Queens Dominions it shall be Treason The Oath set forth in the first Eliz. cap. 1. shall be taken of all Ecclesiasticall Orders of all degrees in the University of School-masters Utterbarristers Benchers Readers Ancients Pronotaries Atturneys Philizers Sheriffs Escheators Feodaries Officers of the Common-Law Officers of any Court but none above the degree of a Baron may be compelled The Bishop may tender the oath to any spirituall person in his Diocesse The Lord Chancellor or Keeper shall direct Commissions under the Broad-seal to any person or persons giving them authority to minister the oath to any such persons as by the aforesaid Commission the said Commissioners shall be authorised to tender the oath unto Any person aforesaid refusing to take the Oath and being thereof legally convicted within one year shall for the first offence incur the danger of a Premunire and for the second shall suffer as in case of High Treason Every Knight Citizen Burgess or Baron for any of the Cinque Ports shall take the said Oath and in case of refusall shall be deemed no Knight Citizen Burgess or Baron It was enacted That if any person in the Queens Dominions should use Anno 13 Eliz. cap. 1. or put in use any Bull of absolution or reconciliation formerly had or afterward to be obtained from the Bishop of Rome his successors or any claiming under him or if any person shall by virtue of such Bull take upon him to grant or promise to any person any such absolution or reconciliation or if any person shall willingly receive such absolution or reconciliation or shall obtain from the Bishop of Rome any manner of Bull Writing or Instrument containing any thing whatsoever or shall publish any such Writing or Instrument shall be adjudged a Traitor The aiders comforters and maintainers of the offendors after offence shall incur the pains and penalties of a Premunire Every person to whom such Absolution Reconciliation Bull Writing or Instrument shall be offered moved or perswaded to be put in use and shall conceal such motion or perswasion and not disclose the same within six weeks following to some of the Queens Councell or to the President or Vice-President of the North parts or in the Marches of Wales shall incur the danger and penalty of a Premunire The bringers into the Realm or using any Agnus Dei Crosses Pictures Beads c. from the Bishop of Rome or any claiming authority from the Bishop of Rome to consecrate the same as well the parties bringing as the parties receiving shall incur the danger of a Premunire But if any person to whom such Agnus Dei c. shall be tendred shall apprehend the person tendring the same and bring him to the next Justice of Peace within the County where the said tender shall be made if it be in his power or for lack of ability shall within three dayes disclose the names of the person so tendring or his place of resort to the Bishop of that Diocess or to any Justice of Peace of that Shire where such persons are resiant or if any person receive such Agnus Dei c. and shall within one day after receipt deliver the same to any Justice of Peace within the same Shire that then every such person shall not incur the penalties abovesaid All they who within three moneths after dissolution of the Parliament shall bring in and deliver all such Bulls Writings Instruments of Reconciliation to the Bishop of the Diocesse wherein such absolution had been made to be cancelled and confesse and acknowledge his offence and desire to be received into the Church of England shall be clearly pardoned of such offence And every person who had received any absolution from the Bishop or See of Rome or any reconciliation unto the Bishop or See of Rome since the first year of the Queen and shall within three moneths after any Session or dissolution of the Parliament come before the Bishop of the Diocess where such absolution or reconciliation was made and publickly acknowledge his offence therein and humbly desire to be restored and admitted into the Church of England shall be clearly pardoned of such offence If any Justice of Peace to whom any matter or offence before mentioned shall be uttered doe not within 14. dayes after signifie and declare the same to some one of the Queens Privie Councell that then such Justice shall incur the danger of a Premunire Noble-men shall be tryed by their Peers Saving to all persons Bodies politique and corporate their heirs and successors others then the said offendors and their heirs all rights titles possessions c. as they or any of them had at the day of committing the offence aforesaid or before Stat. 23 Eliz. cap. 1. makes it Treason for any who shall have or pretend to have power or shall by any means put in practice to absolve perswade or withdraw any of the Queens Subjects from their naturall obedience or with-draw them for that intent from the Religion now by her Highness authority established to the Romish Religion Or if any person shall by any means be willingly absolved or willingly be reconciled or shall promise any obedience to any forrein pretended Authority Prince State or Potentate and be thereof lawfully convict shall suffer as in case of High Treason The aiders maintainers and concealers who shall not within twenty daies at furthest disclose the same to some Justice of Peace or higher Officer shall suffer as in case of Misprision of Treason Every person who shall sing or say Masse shall forfeit 200 marks and suffer imprisonment during one whole year And every person who shall willingly hear Masse shall forfeit one hundred marks and suffer imprisonment for a year Every person above sixteen years of age who shall not repair to some Church Chappel or usuall place of Common-prayer and forbear the same contrary to the Stat. 1 Eliz. for uniformity of Common-prayer shall forfeit 20 pounds for every moneth and over and besides if he or she shall forbear for the space of 12. moneths after certificate thereof in writing made into the Kings Bench by the Ordinary a Justice of Assise and Goal-delivery or a Justice of peace of the County where such offendor shall dwell or be shall for his obstinacy be bound with two sufficient Sureties in the sum of 200 pounds at least to the good behaviour and so continue bound untill such time as he shall conform himself and come to Church according to the true intent of the Statute of the said 1 Eliz. Every person Body politique or corporate who shall maintain a School-master who shall not repair to the Church as aforesaid or be allowed by the Ordinary of the Diocesse where such School-master shall be kept shall forfeit for every moneth ten pound And such
with the sword all stubborn and evill doores But whatsoever the Queene or Church did declare the Lawyers would The Lawyers exception of the Statute of 1 Fliz. cap. 1. not lose so much Grist as this Stat. of the first of Eliz. brought to their Mill and therefore the fourth conclusion in the 3 part Institutes 43 is That when an Act of Parliament is made concerning things meerly spirituall as Heresie c. yet the Act being part of the Lawes of the Land the same shall be construed and interpreted by the Judges of the Common-Law who usually confer with those that are learned in that profession so that all Spirituall jurisdiction doth utterly vanish whensoever the Temporall power shall doe any thing in derogation of it and in truth ever since the Statute of the first of Elizabeth all cognizance not only of Heresie c. but the cognizance of the worship and service of God and administration of Sacraments have upon the matter beene determined at quarter-Sessions and assizes and since ths uniting of all forraigne jurisdiction in the Crowne many places in England that were not in ordinary Episcopall jurisdiction and immediatly under the Pope are become out of all cure of Soules and for ought can be known are not any part of any Christian Church If the Queen be supreme Governor in all Spirituall cases under Christ then are not Bishops and Priests immediately Christs Ministers but the Queens Nay then may she ordain confirm and consecrate the Sacraments which the Church of England Art 37. King James Spot Hist anno 7 Regni doth deny The preamble of the first of Eliz. cap. 1. Is a supplication of the Lords Obsecrable things in the 1. 2. chap. 1 Eliz. Spirituall and Temporall and Commons that those things therein might be passed into a Law whereas the Lords Spirituall a a Camb. Eliz. Reg. 16. being nine nor were there then fourteene alive and all who were present not only stiffly opposed it but were all of them deprived because they would not conform thereunto and take the Oath of Supremacy made by that Act. In the 2. chap. Pag. 36. 1 Eliz. there is a very strange clause viz. The Queenes Majesty the Lords Temporall and Commons assembled doe in Gods name earnestly require and charge all Arch-Bishops and Bishops and other Ordinaries that they endeavor themselves to the utmost of their knowledge that the due execution of that Law may be had throughout their Diocesses and Charges as they will answere before God for such evills and Plagues wherewith God may justly punish his people for neglecting this good and wholsom Law and yet the Temporall powers by this very Law have power to heare and determine all things in it as well as the Spirituall whereas Praeces lachrima sunt arma Ecclesiae all alwaies the Church formerly did supplicate protection from the temporall powers The Queene did not make an alteration and change in the Religion and By what degrees Religion was charged Service of God on a suddain but by degrees for for a whole moneth or more after the death of Queene Mary the Roman Religion continued in the same state it did before upon the twenty seventh of December leave was granted to have the Epistles Gospells ten Commandements the Lords Prayer Creede and Letany in the English tongue The two and twentieth of March when the Nobles and Commons were met in Parliament the entire use of the Lords Supper viz. in both kindes was allowed and the Law made to that intent in Edward the sixts dayes revived and put in new force The twenty fourth of June the Sacrifice of Masse was abolished and the Liturgy in the English Tongue established by Parliament In July the Oath of Supremacy was propounded to the Bishops and others and in Aug. Images were removed out of Churches and broken ot burnt Cambd. Eliza Reg. 39. From the first of Eliz. untill the eleventh yeere of her Reigne no person How the Laws made for conformity to the Service of the Church were observed of what perswasion soever at any time refused to come to the publique Divine Service celebrated in the Church of England being so evidently grounded upon the sacred and infallible word of God that the Bishop of Winchester in his answere to Tortus page 42 is not afraid to affirme positively that the Pope Paulus quartus which is misprinted for it should have been Pius quartus if the Queene would have acknowledged his authority would have been so kinde as to have established all the Rites and Ceremonies now used in the Church untill the Bull published against the Queene by Pius the Fift whereby he excommunicated her and deprived her of her Kingdome and forbad all her Subjects upon like penalties to be so hardy as to obey her Admonitions Lawes or Commandements and did absolve all men who had upon any occasion taken their oath to her of all fealty and service due unto her by reason of her Government which Bull produced no other effect then the severe Statute made the thirteenth yeere of the Queene against all men who should endeavor to put it or any such in ure or execution or should receive or take any absolution or reconciliation from the Church of Rome But afterward these Parliament Laws for the conforming to Divine Service established became as much disobeyed by another generation of men called Puritans and therefore the Statute of the thirty fift of Elizabeth cap. 1. was made expresly against them yet would they never be restrained untill they upon pretence of Reformation brought a desolation upon both Church and State Shee was truly pious who daily as soone as she rose set a part some time Of the virtues of Queen Eliz. for the worship and service of God afterwards at set houres retired her selfe into her private Closet frequented the Chappell duly upon Sundaies and holydaies nor was there ever any Prince that with greater devotion was present at divine Service In black aray and after the manner of the former ages she heard attentively Lenten Sermons although she would often say what she had read of Hen. 3. her predecessor That she had rather devoutly speak to God in Prayer then hear others discourse eloquently of God in their Sermons and of the Cross the blessed Virgin and of the Saints shee thought reverently nor did shee ever speake of them without a certain reverence nor patiently heare others speake of them without the like * to these may justly Camb. Eliz. Reg. 14. be added a wisdome and prudence in Government so far above her sex that certainly shee in that kinde is not to be parallell'd by any of her masculine predecessors and these vertues were crowned with that felicity that all along her long Reigne shee was most passionately and obsequiously hononred by her Subjects a rare thing among Islanders and not to be found in any time before her in any of her Predecessors Yet sure
person sueth another Spiritual person in the Court of Rome for a matter Spiritual where he may have remedy before his Ordinary that is of the Bishop of the Diocess within the Realm Quia trahit ipsum in placitum extra regnum incurreth the danger of a Premunire a hainous offence being contra Legiantiae suae debitum in contemptum Domini Regis contra coronam dignitatem suam In the Kings Court of Record where Felonies are determined the Bishop or his Deputy ought to give his attendance to the end that if any man 9 Ed. 4. 28. that is Indicted or Arraigned for Felony do demand the benefit of his Clergy that the Ordinary may inform the Court of his sufficiency or insufficiency that is whether he can read as a Clerk or not whereof notwithstanding the Ordinary is not to judge but a Minister to the Kings Court and the Judges of that Court are to judge of the sufficiency or insufficiency of the party whatsoever the Ordinary do inform them and upon due examination of the party may give judgement above the Ordinaries information For the Kings Judges are Judges of the Cause whether the Ordinary be a Judge of Legit or non Legit matters not much for if he be Judge or Minister no doubt but he is the Kings Judge or Minister And I my self have seen Chief Justice Littleton overrule the Ordinary in the Case of one Brudbank after the Ordinaries Deputy had pronounced legit ut Clericus and give sentence of death upon him for his non legit and he was hanged The Popes Excommunication is of no force within the Kingdom of England 12 Ed. 4. f. 46. In the Reign of King Ed. 4. a Legat came from the Pope to Callis to have come into England but the King and his Councel would not let him come into England until he had taken an Oath that he should attempt nothing against the King or his Crown And so the like was done to another of the Popes Legates And this is so reported 1 H. 7. fol. 10. In the Reign of Richard the third It is resolved by the Judges that a Judgement of Excommunication in the Church of Rome shall not prejudice any man within England at the Common Law In the Reign of Henry the seventh 1 H. 7. fol. 10. The Pope had Excommunicated all persons whatsoever who had bought Alume of the Florentines and it was resolved by all the Judges that the Popes Excommunication ought not to be obeyed or to be put in execution within the Realm of England It was enacted ordained and established by the advice and assent of the Lords Spiritual and Temporal and the Commons in the said Parliament assembled That it be lawful to all Archbishops and Bishops and other Ordinaries having Episcopal jurisdiction to punish chastise such Priests Clerks and Religious men being within the bounds of their jurisdiction as shall be committed afore them by examination and lawful proof requisite by the Law of the Church of Advoutry Fornication Incest or any other fleshly incontinency by committing them to ward or prison there to abide in ward until such time as shall be thought to their discretions convenient for the quality and quantity of their trespass And that none of the Archbishops Bishops or Ordinaries aforesaid be thereof chargeable of to or upon any action of false or wrongful Imprisonment but that they be utterly discharged thereof in any of the cases aforesaid by vertue of this Act. The King is a mixt person because he hath Ecclesiastical and Temporal 10 H. 7. 18. jurisdiction By the Ecclesiastical Laws allowed within this Realm a Priest cannot 11 H. 7. 12. have two Benefices nor a Bastard can have a Priest But the King may by his Ecclesiastical power and jurisdiction dispence with both these because they be mala prohibita but not mala per se How far Henry the Eighth exercised his Ecclesiastical Jurisdiction IT was enacted That if any person or persons at any time after the St. 21. H. 8. 13. first of April 1530. contrary to the Act should procure and obtain at the Court of Rome or elswhere any Licence or Licences Union Toleration or Dispensation to receive or take any more Benefices with cure then was limited by the said Act or else at any time after the said day should put in execution any such Licence Toleration or Dispensation before that time obtained contrary to the said Act That then every such person or persons so after the said day suing for himself or receiving or taking such Benefice by force of such Licence or Licences Union Toleration or Dispensation that is to say the same person or persons only and no other should for every such default incur the danger pain and penalty of Twenty pounds sterling and should also lose the whole profits of every such Benefice or Benefices as he receives or takes by force of any such Licence or Licences Union Toleration or Dispensation And that if any person or persons did procure or obtain at the Court of Rome or elswhere any manner of Licence or Dispensation to be nonresident at their Dignities Prebends or Benefices contrary to the said Act that then every such person putting in execution any such Dispensation or Licence for himself from the said first of April 1530. should run and incur the penalty damage and pain of Twenty pounds sterling for every time so doing to be forfeited and recovered and yet such Licence or Dispensation so procured or to be put in execution to be void and of none effect It was enacted That no person from thenceforth cited or summoned 23 H. 8. cap. 9. or otherwise called to appear by himself or herself or by any Procurator before any Ordinary Archdeacon Commissary Official or any other Judge Spiritual out of the Diocese or peculiar Jurisdiction where the person which shall be cited summoned or otherwise as is abovesaid called shall be inhabiting and dwelling at the time of awarding or going forth of the same citation or summons Except it be for in or upon any of the cases or causes hereafter written viz. for any Spiritual offence or cause committed or done or omitted forstowed or neglected to be done contrary to right and duty by the Bishop Archdeacon Commissary Official or other person having Spiritual jurisdiction or being a Spiritual Judge or by any other person or persons within the Diocese or other Jurisdiction whereunto he or she shall be cited or otherwise lawfully called to appear and answer And that every Spiritual Judge offending contrary to the purport of this Act shall forfeit Ten shillings sterling the one half to the King the other half to any person that will sue for the same in any of the Kings Courts in which action no protection shall be allowed nor Wager of Law or Essoine be admitted In which Sir E. Coke Cawdries case says there were twenty four Bishops Stat. 24. H. 8. cap.