Selected quad for the lemma: law_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
law_n common_a king_n power_n 7,032 5 4.9612 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A43535 A full relation of two journeys, the one into the main-land of France, the other into some of the adjacent ilands performed and digested into six books / by Peter Heylyn.; Full relation of two journeys Heylyn, Peter, 1600-1662. 1656 (1656) Wing H1712; ESTC R5495 310,916 472

There are 7 snippets containing the selected quad. | View lemmatised text

la●…entable and bloudy war which 〈◊〉 upon hem t●…ey not only endevoured not to avoid but invited during the reign of Henry IV. who would not see it and the troublesome minority of Lewis XIII who could not molest them they had made themselves masters of 99 Towns well fort●…yed and enabled for a fiege a strength too great for any one facti●…n to keep together under a King which desires to be himself and rule hi●… people In the opini●…n of this th●…ir potency they call Assemblies Parliaments as it were when and as often as they pleased There they consulted of the common affairs of Religion made new Laws of government removed and rechanged their generall officers the Kings leave all this while never so much as formally demanded Had they only been guilty of too much power that crime alone had been sufficient to have raised a war against them it not standing with the safety and honour of a King not to be the absolute commander of his own Su●…s But in this their licentious calling of Assemblies they abused their power into a neglect and not dissolving them at his 〈◊〉 commandment they increased their neglect into into a 〈◊〉 The Assembly which principally occasioned the war and their ruine was that of Roehell called by the Protestants presen●…ly upon the Kings journey into Bearn This generall meeting the King prohibited by his especiall Edicts declaring all them to be guilty of treason which notwithstanding they would not 〈◊〉 to but very undutifully went on in their purposes It was said by a Gentleman of their party and one that ●…ad been imployed in many of their affairs That the fiery zeal of some who had the guiding of their consciences had thrust them into those desperate courses and I believe him Tantum relligio potuit suadere malorum Being assembled they sent the King a Remonstrance of their grievances to which the Duke Lesdiguiers in a Letter to them written gave them a very fair and plausible answer wherein also he intreateth them to obey the Kings Edict and break up the Assembly Upon the receipt of this Letter those of the Assembly published a Declaration wherein they verified their meeting to be lawfull and their purpose not to dismisse themselves till their desires were granted This affront done to the King made him gather together his Forces yet at the Duke of Lesdiguiers request he allowed them 24 dayes of respite before his Armies should march towards them he offered them also very fair and reasonable conditions such also as their Deputies had s●…licited but far better then those which they were glad to accept when all their Towns were taken from them Profecto ineluct abilis fatorum vis cujus fortunam mu●…are constituit ejus corrumpit consilia It held very rightly in this people who turned a deaf eare to all good advice and were r●…lved it seemeth Not to hear the voice of the Charmer charmed he never so sweetly In their Assemblie therefore they m●…ke Lawes and Orders to regulate their 〈◊〉 as That no peace should be made without the consent of the generall Convocation about paying of Souldiers wages f●…r the detaining of the Revenues of the King and Cle●…y and the like They also there divided France into seven cir●…es or parts assigning over every circle severall Generals and Lieutenants and prescribed Orders how those Generals should proceed in the wars Thus we see the Kings Army leavied upon no slight gr●…nd his Regall authority was neglected his especiall Edicts violated his gracious profers slighted and his Revenues ●…orbidden him and his Realm divided before his face and allotted unto officers not of his own election Had the prosecution of his action been as fair as the cause was just and legall the Protestants had only deserved the infamy but hinc illae lachrymae The King so behaved himself in it that he suffered the sword to walk at randome as if his main design had been not to correct his people but to ruine them I will instance onely in that tyrannicall slaughter which he permitted at the taking of Nigrepetisse a Town of Quercu wherein indeed the Souldiers shewed the very ●…igour of severity which either a barbarous victor could inflict or a va●…quished people suffer Nec ullum saevitiae genus ●…misit ira victoria as Tacitus of the angred Romans For they spared neither man nor woman nor childe all equally subject to the cruelty of the sword and the Conquerour The streets paved with dead carkasses the channels running with the bloud of Christians no noise in the streets but of such as were welcoming death or suing for life Their Churches which the Goths spared at the sack of Rome were at this place made the Theatres of lust and bloud neither priviledge of Sanctuary nor fear of God in whose holy house they were qualifying their outrage this in the common pl●…ces At domus interior gemitu miseroque tumultu Mis●…tur penitusque cavae plangoribus aedes Foemineis ululant As Virgil in the ruine of Tr●…y But the calamities which besell the men were mercifull and sparing if compared to those which the women suffered when the 〈◊〉 had made them the objects of their lust they made them also the su●…jects of their fury in that only pittifull to that poor and distressed sex that they did not let them survive their honours Such of them who out of fear and faintness had made but little re●…ance had the favour to be stabbed but those whose virtue and courage maintaned their bodies valiantly from the rapes of those villains had the secrets of nature procul hino este castae misericordes aures filled with gun-powder and so blown into ashes Whither O you divine powers is humanity fled when it is not to be found in 〈◊〉 or where shall we look for the effects of a picifull nature when men are b●…come so unnaturall It is said that the King was ignorant of this barbarousnesse and 〈◊〉 at it Off●…nded I perswade my self he could not but be unlesse he had totally put off himself and degenerated into a Tyger But for his ignorance I dare not conceive it to be any other then that of Nero an ignorance rather in his eye then understanding Subduxit oculos Nero saith Tacitus jussitque s●…lera non spectavil Though the Protestants deserved ●…icti ●…or their disobedience yet this was an execution above the nature of a punishment a misery beyond the condition of the crime True it is and I shall never acquit them of it that in the time of their prosperity they had done the King many affronts and committed many acts of disobedience and insolency which justly occasioned the war against them for besides ●…hose already recited they themselves first broke those Edicts the due execution whereof seemed to have been their only petition The King by his Ed●…ct of pacification had licenced the free exercise of both Religion●… and thereupon permit●…ed the Priests and Jesuits to preach in the
in all cau●…es as well Ecclesiasticall as Civill Having taken consideration of the said Canons and Constitutions thus drawn as asoresaid do by these deputies ratifie confirme and approve thereof And farther we out of our Princely power and regall authority do by these Parents signed and sealed with our royall Signet for us our heirs and successors will with our royall hand and command that these Canons and Constitutions hereafter following shall from henceforth in all points be duly observed in our said Isle for the perpetuall government of the said Isle in causes Ecclesiasticall unlesse the same or some part or parts thereof upon further experience and tryall thereof by the mutuall consent of the Lord Bishop of Winton for the time being the Governour Bailiffs and Jurates of the said Isle and of the Dean and Ministers and other our Officers in the said Isle for the time being representing the body of our said Isle and by the royall authority of us our heirs and successors shall receive any additions or alterations as time and occasion shall justly require And therefore we do farther will and command the said Right reverend father in God Lancelot now Lord Bishop of Winton that he do forthwith by his Commission under his Episcopall seal as Ordinary of the place give authority unto the said now Dean to exercise Ecclesiasticall jurisdiction in our said Isle according to the said Canons and Constitutions thus made and established as followeth Canons and Constitutions Ecclesiasticall treated agreed on and established for the Isle of Jarsey CHAP. I. Of the Kings Supremacy and of the Church Article I. 1. AS our duty to the Kings most excellent Majesty requireth it is first ordained That the Dean and Ministers having care of souls shall to the utmost of their power knowledge and learning purely and sincerely without any backwardnesse or dissimulation teach publish and declare as often as they may and as occasion shall present it self that all strange usurped and forain power for as much as it hath no gound by the law of God is wholly as for just and good causes taken away and abolished and that therefore no manner of obedience or subjection within any of his Majesties Realms and Dominions is due unto any such forain power but that the Kings power within his Realms of England Scotland and Ireland and all other his Dominions and Countries is the highest power under God to whom all men as well inhabitants as born within the same do by Gods Law owe most loyalty and obedience afore and above all other power and Potentates in the earth II. 2. Whosoever shall affirme and maintain that the Kings Majesty hath not the same authority in causes Ecclesiasticall that the godly Princes had amongst the Jews and the Christian Emperours in the Church primitive or shall impeach in any manner the said Supremacy in the said causes III. IV. 3. Also whosoever shall affirme that the Church of England as it is established under the Kings Majesty is not a true and Apostolicall Church purely teaching the 〈◊〉 of the Prophets and Apostles 4. Or shall impugne the Government of the said Church by Archbishops Bishops and Deans affirming it to be Antichristian shall be 〈◊〉 facto Excommunicated and not restored but by the Dean sitting in his Court after his repentance and publick re●…antation of his errour CHAP. II. Of Divine Service Article I. 1. IT is in joyned unto all sorts of people that they submi●… themselves to the Divine service contained in the book of Cnmmon-prayers of the Church of England And for as much as concerns the Ministers that they observe with uniformity the said Liturgie without addition or alteration and that they suffer not any 〈◊〉 or 〈◊〉 to make a sect apart by themselves or to distract the Government Ecclesiasticall established in the Church II. 2. The Lords day shall be sanctified by the exercises of publick prayer and the hearing of Gods word Every one also shall be bounden to meet together at an hour convenient and to observe the order and decency in that case requisite being attentive to the reading or preaching of the Word kneeling on their knees during the Prayers and standing up at the Belief and shall also testifie their consent in saying Amen And further during any part of Divine service the Church-wardens shall not suffer any interruption or impeachment to be made by the insolence and practice of any person either in the Church or Church-yard III. 3. There shall be publick exercise in every Parish on Wednesdays and Fridays in the morning by reading the Common prayers IV. 4. When any urgent occasion shall require an extraordinary Fast the 〈◊〉 with the advice of his Ministers shall give notice of it to the Governour and Civill Magistrate to the end that by their authority and consent it may be generally observed for the appeasing of the wrath and indignation of the Lord by true and serious repentance CHAP. III. Of Baptism THe Sacrament of Baptism shall be administred in the Church with fair water according to the institution of Jesus Christ and without the limitation of any dayes No man shall delay the bringing of his child to Baptism longer then the next Sunday or publick Assembly if it may conveniently be done No person shall be admitted to be a Godfather unlesse he hath received the Lords Supper nor shall women alone viz. without the presence of a 〈◊〉 among them be admitted to be Godmothers CHAP. IV. Of the Lords Supper Article I. 1. THe Lords Supper shall be administred in every Church four times a year whereof one to be at Easter and the other at Christmas and every Minister in the administration of it shall receive the Sacrament himself and after give the Bread and wine to each of the Communicants using the words of the 〈◊〉 of it II. 2. The Masters and Mistresses of Families shall be admonished and enjoyned to cause their children and Servants to be instructed in the knowledge of their salvation and to this end shall take care to send them to the ordinary Catechizing CHAP. V. Of Marriage Article I. 1. NO man shall marry contrary to the degrees prohibited in the word of God according as they are expressed in a table made for that purpose in the Church of England on pain of nullity and censure II. 2. The Banes of the parties shall be asked three Sundays successively in the Churches of both parties and they of the Parish where the Marriage is not celebrated shall bring an attestation of the bidding of their Banes in their own Parish Neverthelesse in lawfull cases there may be a Licence or dispensation of the said Banes granted by the authority of the Dean and that upon good caution taken that the parties are at liberty III. 3. No separation shall be made a thoro mensa unlesse in case of Adultery cruelty and danger of life duly proved and this at the sole instance of the parties As for the maintenance of the
of years had never seen the inside of them or that the poor paper had been troubled with the disease called N●…li me tangere In this unluckie roome do they hold their disputations unlesse they be solemn and full of expectation and after two or three arguments urged commend t●…e sufficiency of the Respondent and pronounce him worthy of his degree That done they cause his Authenticall Letters to be sealed and in them they tell the Reader with what diligence and pains they si●…ed the Candidati that it is necessary to the Common-wealth of learning that industry should be honoured and that on that ground they have thought it fitting post 〈◊〉 solamen post vigilias requietem post dolorem gaudia for so as I remember goeth the ●…orm to recompense the labours of N.N. with the degree of Doctor or Licentiate with a great deal of the like sormall foolery Et ad hun●… modum fiunt Doctores From the study of the Law proceed we unto that of the Language which is said to be be●…ter spoken here then in any part of France and certainly the people hereof speak it more distinctly then the rest I cannot say more ●…legantly Yet par●…ly for this reas●…n partly because of the study of the Law and partly because of the sweetnesse of the aire the Town is never without abundance of strangers of all Nations which are in correspondency with the French But in the grea●…est 〈◊〉 it is replenished with those of Germany who have here a corporation and indeed do make amongst themselves a better University then the University This Corporation consisteth o●… a Procurator a Q●…tor an A●…or two Bibliothecarii 12 Counsellors They have all of 〈◊〉 their d●…stinct jurisdiction and are solemnly elected by the rest of the company every third moneth The Consulship of R●…me was never so welcome to Cicero as the office of Pr●…urator is to a Dutch Gentleman he for the time of his comman●… ordering the affaires of all his Nation and to say truth being much resp●…cted by those of the Town It is his office to admit of the young comers to receive the moneys due at their admission and to receive an account of the dispending of it of the Questor at the expiring o●… his charge The office of Ass●…ssor is like that of a Clerk of the Councels and the Secretary mixt For he registreth the Acts of their Counc●… writeth Letters in the name of the House to each of the French Kings at their new coming to the Crown and if any prime or extraordinary Ambassador cometh to the Town he entertaineth him with a speach The Bibliothecarii looke to the Libtary in which they are bound to remain three hours in a day in their severall turns A prety room it is very plentifully furnished with choise books and that at small charge for it is here the custome that every one of the Nation at his departure must leave with them one book of what kind or price it best pleaseth him Besides each of the officers at the resigning up of his charge giveth unto the new Questor a piece of gold about the value of a Pistolet to be expended according as the nec●…ssitie of the ●…ate requires which most an end is bestowed upon the increase of their Libr●…ry Next unto this citè des Lettres as one of the French writers calleth Paris is their Councell house an ●…andsome square Chamb●… and well furnished In this they hold their Consultations and in this preserve their Records and Priviledges the keeping of the one and 〈◊〉 the other being meerly in the hands of the 〈◊〉 About the Table they have five chairs for the five principall Officers those of the Councell sitting round the Chamber on stools the armes of the Empire being placed directly over every of the seats If it happen that any of them die there they all accompany him to his grave in a manner mixt so orderly of grief and state that you would think the obsequies of some great Potentate were solemnized And to say truth of them they are a hearty and a loving Nation not to one another only but to strangers and especially to us of England Only I would wish that in their speech and complement they would not use the Latine tongue or else speak it more congruously You shall hardly finde a man amongst them which cannot make a 〈◊〉 to expresse himself in that lan●…age nor one amongst a hundred that can do it Latinly Galleriam Compagniam 〈◊〉 and the like are as usuall in their common discourse as to drink at three of the clock and as familiar as their 〈◊〉 Had they bent their studies that way I perswade my self they would have been excellent good at the Common Lawes their tongues so naturally 〈◊〉 upon those words which are necessary to a D●…ration But amongst the rest I took notice of one Mr. Gebour a man of that various mixture of words that you would have thought his tongue to have been a very Amsterdam of languages Cras main 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nous irons ad magnam Galleriam was one of his most remarkable speeches when we were at Paris but here at Orleans we had them of him thick and threefold If ever he should chance to die in a 〈◊〉 place where his Countrey could not be known but by his tongue it could not possible be but that more Nations would strive for him then ever did for Homer I had before read of the confusion of Babel in him I came acquainted with it yet this use might be made of him and his hotch-pot of languages that a good Chymicall Physitian would make an excellent medicine of it against the stone In a word to go no more upon the particular I never knew a people that spake more words and lesse Latine Of thesee ingredients is the University of Orleans compounded if at the least it be lawfull to call it an University as I think it be not The name of Academie would beseem it better and God grant as Sanco Panco said of his wife it be able to disebarge that calling I know that those names are indifferently used but not properly For an Academie the name is derived from a place neer Athens called Academia where Plato first taught Philosophy in its strict and proper sense is such a study where some one or two Arts are professed as Law at Orleans and Bononia and Physick at Montpelier and Padua an University is so called Quod Universae ibi traduntur disciplinae as the name importeth where learning is professed in the generality and in the whole 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of it the first the Germans call Schola illustris the latter Generale studium very opposite titles and in which there is little of a German CHAP. IV. Orleans not an University till the coming of the Jesuites Their Colledge there by whom built The Jesuites no singers Their laudable and exact method of teaching Their policies in it Received not 〈◊〉
and Guise in particular the Duke of Maien the Duke of Vendosme the Dukes of Longueville Espernon Nemours the Grand Prior the Dukes of Thovars Retz and Rohan the Viscount of Aubeterre c. who all withdr●…w themselves from the Court made themselves masters of the best places in their governments and were united presently to an open faction of which the Queen Mother declared herself head As for the Commons without whom the Nobility may quarrel but never fight they are more zealous in behalf of the Count as being brought up alwayes a Papist and born of a 〈◊〉 〈◊〉 whereas the Prince though at this 〈◊〉 a 〈◊〉 yet non fuit sic ab initio he was born they say and brought up an Hugonot and perhaps the alteration is but ●…mbled Concerning the Prince of Conde he hath a sentence of Parliament on his side and a verdict of P●…ians b●…th weak helpes to a Soverainty unlesse well backed by the sword And for the verdict of the Phy●…tians thus the case is stated by the Doctors of that faculty 〈◊〉 a professour of Montpellier in Langue●… in his ●…xcellent Treatise of Anatomie maketh three terms of a womans delivery primus intermedius and ultimus The first is the seventh moneth after conception in each of which the childe is vitall and may live if it be borne To this also consenteth the Doctor of their chaire Hippocrates saying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that a child born in the seventh moneth if it be well looked to may live We read also how in Spain the women are oftentimes lightned in the end of the seventh moneth and commonly in the end of the eight And further that Sempronius and Corbulo both Roman Consuls were born in the seventh moneth Pliny in his Naturall History reporteth it as a truth though perchance the women which told him either misreckoned their time or ●…lse dissembled it to conceal their honesties The middle time terminus intermedius is in the ninth and tenth moneths at which time children do seldome miscarry In the former two moneths they h●…d gathered life in these latter they only consummate strength so said the Physitians generally Non enim in du●…us sequentibus mensibus they speak it of the intermed●…i ad●…tur aliquod od perfectionum partium sed perfectionem roboris Th●… l●…st time terminus ultimus in the common account of this profession is the eleaventh moneth which some of them hold neither unlikely nor rare Massurius recordeth Papi●…us a Roman Praetor to have recovered his inheritance 〈◊〉 open Court though his Mother confessed 〈◊〉 to be 〈◊〉 in the thirteeenth moneth And Avicen a Moore of Co●…ba re●…eth as he is cited in Laurentius that he had s●…n a a childe born after the fourteenth But these are but the impostures of women and yet indeed the modern Doctors are more charitable and refer it to supernaturall causes Et extraordinariam artis considerationem On the other side Hippocrates giveth it out definitively 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that in ten moneths at the furthest understand ten moneths compleat the childe is borne And Ulpian the great Civilian of his times in the title of the Digests de Testamentis is of opinion that a childe born after the tenth moneth compleat is not to be admitted to the inheritance of his pretended father As for the Common Law of England as I remember I have read it in a book written of Wils and Testaments it taketh a middle course between the charity of nature and the severity of the Law leaving it meerly to the conscience and circumstance of the Judge But all this must be conceived as it was afterwards alleaged by the party of the Earl of Soissons taking it in the most favourable construction of the time alter the conception of the mother and by no means after the death of the Father and so no way to advantage the Prince of Conde His Father had been extremely sick no small time before his death for the particular and supposed since his poison taken anno 1552. to be little prone to women in the generall They therefore who would have him set besides the Cushion have cunningly but maliciously caused it to be whisppered abroad that he was one of the by-blowes of King Henry IV. and to make the matter more suspiciously probable they have cast out these conjectures for it but being but conj ctures only and prosecuted for the carrying on of so great a project they were not thought to be convincing or of any considerable weight or moment amongst sober and impartiall men They therefore argued it First From the Kings care of his education assigning him for his Tutor Nicholas de F●…bure whom he also designed for his Son King Lewis Secondly From his care to work the Prince then young 〈◊〉 〈◊〉 agi to become a Catholick Third y The infirmity of Henry of Conde and the privacy of this King with his Lady being then King of Navarre in the prime of his strength and in discontent with the Lady Marguerite of Valoys his first wife add to this that Kings love to fair Ladies in the generall and then conclude this probability to be no miracle For besides the Dutchesse of Beauforte the Marchionesse of Verneville and the Countesse of Morret already mentioned he is believ●…d to have been the Father of Mr. Luynes the great favourite of King Lewis And certain it is that the very year before his death when he was even in the winter of his days he took such an amorous liking to the Prince of Condes wife a very beautifull Lady and daughter to the Constable Duke of Montmorencie that the Prince to save his honour was compelled to flie together with his Princesse into the Arch-Dukes Countrey whence he returned not till long after the death of King Henry If Mary de Medices i●… her husbands life time had found her self agriev●…d it I cannot blame her she only made good that of Quin●…ian Et uxor mariti exemplo incitata aut imitari se putat aut vind core And yet perhaps a consciousnesse of some injuries not only mooved her to back the Count of Soiss●…ns and his faction against the Prince and his but also to resolve upon him for the husband of her daughter From the Princes of the bloud descend we to the Princes of the Court and there in the first place we meet with Mr. Barradas the Kings present favourite a young Gentleman of a fresh and lively hew little bearded and one whom as yet the people cannot accuse for ●…ny oppression or misgovernment Honours the King hath con●…erred none upon him but only pensions and offices he is the Governour of the Kings children of honour Pages we c●…ll them in England a place of more trouble then wealth or credite He is also the Master of the horse or Legrand 〈◊〉 the esteem of which place recompenseth the emp●…inesse of the other for by vertue of this office he carryeth the Ki●…s sword sheathed before
infinitely more Souldiers of its native forces then its neighbour Nations For in the fourth year of his Reign there passed an Act of Parliament pretensively against the depopulation of Villages and decay of tillage but purposedly to inable his subjects for the wars The Act was That all houses of husbandry which had been used with twenty acres of ground and upwards should be maintained and kept up for together with a competent proportion of Land to be used and occupied with them c. By this means the houses being kept up did of necessity enforce a dweller and that dweller beca●…se of the proportion of Land not to be a begger but a man of some substanc●… able to keep Hinds and Servants and to set the plough a going An order which did wonderfully concerne the might and manhood of the Kingdome these Farmes being sufficient to maintaine an able body out of penury and by consequence to prepare them for service and encourage them to higher honours for Haud facile emergent quorum virtutibus obstat Res angusta domi As the Poet hath it But this O dinance is not thought o●… such use in France where all the hopes of their Armies consist in the Cavallery or the horse which perhaps is the cause why our Ancestors have won so many battailes upon them As sor the French foot they are quite out of all reputation and are accounted to be the basest and unworthyest company in the world Besides should the French people be enfranchised as it were from the tyranny of their Lords and estated in freeholds and other tenures after the manner of England it would much trouble the Councell of Fra●…ce to find out a new way of raising his revenues which are now meerly sucked out of the bloud and sweat of the Subject Anti●…ntly the Kings of France had rich and plentifull demeans such as was sufficient to maintain their greatnesse and Majesty without being burden some unto the Countrey Pride in matters of sumptuousnesse and the tedious Civill wars which have lasted in this Countrey almost ever fince the death of Hen●…y II. have been the occasion that most of the Crown lands have been sold and morgaged in so much that the people are now become the Demaine and the Subject only is the Revenue of the Crown By the sweat of their browes is the Court sed and the Souldier paid and by their labours are the Princes maintained in idlenesse What impositions soever it pleaseth the King to put upon them it is almost a point of treason not only to deny but to question Apud illos vere regnatur nefasque quantum regi liceat dubitare as one of them The Kings hand lyeth hard upon them and hath almost thrust them into an Egyptian bondage the poor Paisant being constrained to make up dayly his full tale of bricks and yet have no straw allowed them Upon a sight of the miseries and poverties of this people Sir John Fortescue Chancellour of England in his book intituled De Laudibus legum Angliae concludeth them to be un fit men for Jurors or Judges 〈◊〉 the custome of the Countrey admit of such tryals For having proved there unto the Prince he was son to Henry VI. that the manner of tryall according to the Common Law by 12 Ju●…ates was more commendable then the practise of the Civill or Emperiall L●…wes by the deposition only of two wi●…esses or the forced confession of the persons arrained the Prince seemed to 〈◊〉 Cur ea lex Angliae quae tam f●…ugi optabilis est non sit toti mundo c●…mmunis To this he maketh answer by shewing the ●…ree condition of the English Subjects who alone are used at these indictments men of a fair and large estate such as dwell nigh the place of the deed committed men that are of ingenuous education such as scorn to be suborned or corrupted and afraid of infamie Then he shewe●…h how in other places all things are contrary the Husbandman an absolute begger easie to be bribed by reason of his poverty the Gentlemen living far asunder and so taking no notice of the fact the Paisant also neither fearing infamie nor the losse of goods if he be found faulty because he hath them not In the end he concludeth thus Ne mireris igitur princeps si lex per quam in Anglia veritas inqui●…itur alias non pervagetur nationes ipsae namque ut Anglia nequerunt facere sufficientes consimilesque Juratas The last part of the latine savoureth somewhat of the Lawy●…r the word Juratas being put there to fignifie a Jury To go over all those impositions which this miserable people are afflicted withal were almost as wretched as the payment of them I will therefore speak only of the principall And here I meet in the first place with the Gabell or Imposition on Salt This Gabelle de sel this Impost on Salt was first begun by Philip the Long who took for it a double which is half a Sol upon the pound After whom Philip of Valoys anno 1328. doubled that Charles the VII raised it unto three doubles and Lewis the XI unto fix Since that time it hath been altered from so much upon the pound to a certain rate on the Mine which containeth some 30 bushels English the rates rising and falling at the Kings pleasure This one commodity were ve●…y advantagious to the Exchequer were it all in the Kings hands but at this time a great part of it is morgaged It is thought to be worth unto the King three millions of Crowns yearly that only of Paris and the Provosts seven Daughters being farmed at 1700000 Crowns the year The late Kings since anno 1581. being intangled in wars have been constrained to let it out to others in so much that about anno 1599. the King lost above 800000 Crowns yearly and no longer agone then anno 1621. the King taking up 600000 pounds of the Provost of Merchands and the Eschevines gave unto them a rent charge of 40000 l. yearly to be issuing out of his Customes of Salt till their money were repaid them This Gabell is indeed a Monopoly and that one of the unjustest and unreasonablest in the World For no man in the Kingdom those Countries hereafter mentioned excepted can eat any Salt but he must buy of the King and at his price which is most unconscionable that being sold at Paris and elsewhere for five Livres which in the exempted places is sold for one Therefore that the Kings profits might not be diminished there is diligent watch and ward that no forain Salt be brought into the Land upon pain of forfeiture and imprisoment A search which is made so strictly that we had much ado at Dieppe to be pardoned the searching of our trunks and port-mantles and that not but upon solemn protestation that we had none of that commodity This Salt is of a brown colour being only such as we in England call Bay-salt and imposed on the
woman during her divorce he shall have recourse to the Secular power CHAP. VI. Of Ministers Article I. 1. NO man that is unfit to teach or not able to preach the word of God shall be admitted to any Benefice within the Isle or which hath not received imposition of hands and been ordained according to the forme used in the Church of England II. 2. None of them either Dean or Minister shall at the same time hold two Benefices unlesse it be in time of vacancy and only the Natives of the Isle shall be advanced to these preferments III. 3. The Ministers every Sunday after morning prayer shall expound some place of holy Scripture and in the afternoon shall handle some of the points of Christian Religion contained in the Catechism in the Book of Common-prayers IV. 4 In their Prayers they shall observe the titles due unto the King acknowledging him the Supreme governour under Christ in all causes and over all persons as well Ecclesiasticall as Civill recommending unto God the prosperity of his person and royall posterity V. 5. Every Minister shall carefully regard that modesty and gravity of apparell which belongs unto his function and may preserve the honour due unto his person and shall be also circumspect in the whole carriage of their lives to keep themselves from such company actions and haunts which may bring unto them any blame or blemish Nor shall they dishonour their calling by Gaming Alehouses ●…suries guilds or occupations not convenient for their function but shall endevor to excell all others in purity of life in gravity and virtue VI. 6. They shall keep carefully a Register of Christnings Marriages and Burials and shall duely publish upon the day appointed to them the Ordinances of the Courts such as are sent un●… them signed by the Dean and have been delivered to them fifteen dayes before the publication VII 7. The Ministers shall have notice in convenient time of such Funerals as shall be in their Parishes at which they shall assist and shall observe the forme prescribed in the book of Common-prayers No man shall be interred within the Church without the leave of the Minister who shall have regard unto the quality and condition of the persons as also unto those which are benefactours unto the Church CHAP. VII Of the Dean Article I. 1. THe Dean shall be a Minister of the word being a Master of the Arts or Graduate at the least in the Civill Lawes having ability to exercise that office of good life and conversation as also well affected to Religion and the service of God II. 2. The Dean in all causes handled at the Court shall demand the advice and opinion of the Ministers which shall then be present III. 3. There shall appertain unto him the cognisance of all matters which concern the service of God the preaching of the Word the administration of the Sacraments Matrimoniall causes the ●…xamination and censure of all Papists Recusants Hereticks Idolaters and Schismaticks persons perjured in causes Ecclesiasticall Blasphemers those which have recourse to Wizards incestuous persons Adulterers Fornicators ordinary drunkards and publick profaners of the Lords day as also the profanation of the Churches and Church-yards misprision●… and offences committed in the Court or against any officers thereof in the execution of the mandats of the Court and also of Divorces and separations a thoro mensa together with a power to censure and punish them according unto the Lawes Ecclesiasticall without any hindrance to the power of the Civill Magistrate in regard of temporall correction for the said crimes IV. 4. The Dean accompanied with two or three of the Ministers once in two years shall visite every Parish in his own person and shall take order that there be a Sermon every visitation day either by himself or some other by him appointed Which Visitation shall be made for the ordering of all things appertaining to the Churches in the service of God and the administration of the Sacraments as also that they be provided of Church-wardens that the Church and Church-yards and dwellings of the Ministers be kept in reparations And farther he shall then receive information of the said Church-wardens or in their default of the Ministers of all offences and abuses which need to be reformed whether in the Minister the officers of the Church or any other of the Parish And the said Dean in lieu of the said visitation shall receive 4 s. pay out of the Treasures of the Church for every time V. 5. In the vacancy of any Benefice either by death or otherwise the Dean shall give present order that the profits of it be sequestred to the end that out of the revenue o●… it the Cure may be supplyed as also that the widow and children of the deceased may be satisfied according to the time of his service and the custome of the Isle excepting such necessary deductions as must be made for dilapidations in case any be He shall also give convenient time to the widow of the deceased to provide her of an house and shall dispose the residue unto the next Incumbent for which the Sequestrator shall be accomptant VI. 6. In the same case of vacancy if within six months the Governour do not present a Clerk unto the Reverend father in God the Bishop of Winton or if that See be void to the most Reverend father in God the Archbishop of Canterbury to be admitted and instituted to the said Benefice then shall the Dean give notice of the time of the vacancy unto the said Lords the Bishop and Archbishop whereby it is in the lapse that so it may be by them collated And then if any one be offered to them the Dean shall give a testimony of the Demeanure and sufficiency of the party to be approved by them before he put him into actuall possession of the said Benefice VII 7. The Dean shall have the Registring and Probate of Testaments which be approved by the seal of his office and afterwards enregistred He shall also have the registring of the Inventories of the moveable goods of Orphanes which he shall carefully record to give copies of them at all times and as often as he is required Also he shall give letters of administration of the goods of Intestates dying without heirs of their body to the next of kindred VIII 8. They which have the keeping of the Will whether he be Heir Executor or any other shall transcribe and bring i●… unto the Dean within one moneth in default whereof he shall be brought by processe into the Court and be constrained to pay double charges And the said Dean for the said Testaments Inventories and Letters of administration shall have such fees as are specified in a Table for this purpose IX 9. All legacies moveable made unto the Church the Ministers Schools or to the poor shall be of the cognisance of the Dean but upon any opposition made concerning the validity of the Will
and glory of the Church the Church I mean whereof you are so principall a member You shall not easily encounter with an object whereon ●…our counsels may be better busied So strangely do these men disgrace your blessed Mother and lay h●…r glory in the dust Two instances hereof I shall present unto your Lordship to set the better edge on your proceedings though otherwise I had forb●…rne to meddle with particulars It pleased his Majesty for the assurance of these Islands to send into each of them two Companies of Souldiers which were equally distributed But such was the peevish obstinacy of one of the Ministers of this Guernzey that he would not allow their Minister to read prayers unto them in his Church at such times when himself and people did not use it At last on much entreaty he was contented to permit it but with expresse condition that he sh●…uld not ●…ither read the Litany or administer the Communion S●…nce when as often as they purpose to receive the Sacrament they have been com●…elled to ferry over to the Castle and in the great hall there celebrate the holy Supper As little is our Church beholding to them in her Festivals as in her Liturgie For whereas at the Town of St. Peters on the Sea they have a Lecture every Thursday upon which day the Feast of Ch●…ists Nativity was solemnized with us in England anno 1623. the same party chose rather to put off the Sermon for that time then that a●…y the smal l●…st honour might reflect upon the day O curvae in ●…rris animae 〈◊〉 〈◊〉 inanes An opposition ●…ar more superstitious then any ceremony observation of a day though meerly Jewish Next to the honour due to God and to his Church is that which all of us are obliged to tender to our Pri●…ces as being Gods by office and nursing fa●…s of that Church whereof they are Therefore I represent in the next rank unto your Lordship a consideration of the honour which you shall here in do unto your Kings To the one your late Master of happy memory who gave you first his hand to guide you unto greatnesse in the pursuit of his intendments So glorious were the purposes of that H●…ck Prince for the secure and flourishing tranquillity of Gods holy Church that certainly it were impiety if any of them be permitted to miscarry To the other our now gratious S●…veraign who hath doubled the promotions conferred upon you by his father in being an author to him of those thoughts which may so much redound unto his glory the rather because in case his Majesty should find a time conv●…nt to go 〈◊〉 in his Fathers project of reducing all the Churches Protestant unto one Discipline and Liturgie there might not an objection thwart him drawn from home Otherwise it may perhaps be●… to him by some of those which do not fancy the proposall as Demades once to Philip 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. That first he might do well to compose the differences in his own dominions before he mo●…ion a conformity to others At the least he may be sure to look for this r●…ply from Scotland when ever he prop●…eth to them the same businesse The Ministers of Jarsey a●… before I have shown your Lordship denyed admission to the book of Common-prayer as not imposed upon the Scots with better reason may the Scots re●…e to entertain it as not imposed on those of Guenzey Besides the honour due to God the Church and to the King there is an honour next in order to the calling of the Priest A calling as much stomached in generall by all that pa●… so most especially reviled by those amongst ourselves for Antichristian tyrannous a divel sh ordinance a bastardly government and the like Nor do I think that those o●… Guernzey are better affected to it though more moderate in professing their dislike for did they but approve the hierarchy of Bishops they would not then proceed so unwarrantably as now they do in the ordination of their Ministers I cal it unwarrantable proceeding because the lawful and ordinary door of entrance unto the Ministery was never shut unto this people and therefore their preposterous entry upon this sacred calling either by the back-door or by the window the more unanswerable Whereas it may be pleaded in the behalf of those in some parts beyond the seas that they could not meet with any Bishops which would give them ordination unlesse they would abjure the Gospell as they then profest it and therefore that necessity compelled them to the private way of imposing hands on one another In which particular the case of some reformed Churches may not unfitly be resembled unto that of Scipio as it is related to us in the third book of Valerius Max. cap. 7. upon some want of money for the furtherance of the necessary affaires of state he demanded a supply from the common treasury But when the Questor pretending that it was against the Lawes refused to open it himself a private person seised the Keyes Patefacto ●…rio legem utilitati cedere coegit and over-ruled the Law by the advancement of the Weal publick In like manner which is I think the most and best that can be said in this behalf to promote the reformation of Religion many good men made suit to be supplyed out of the c●…mmon treasury to be admitted to the preaching of the word according to the ordinary course of ordinati●…n which when it was denied them by the Questors or Prelates of those dayes they chose rather to receive it at the h●…nds of private and inferior Priests then that the Church should be un●…urnished This may be said for them which in excuse of those of Guernzey can never be alleadged whose continuall recourse unto these private keyes is done upon no other ●…on then a dislike of that high calling to which your Lordship is advanced which therefore you are bound if not to punish in them yet to rectifie Two other reasons yet there are which may invite your Lordship to this undertaking though not so weighty or of that importance as the former The one that the remainders of that party here at home may not be hardned in their obstinacy the other that those of Jarsey be not discouraged in their submission and conformity I have already shewn unto your Lordship that the brethren here in England never made head against the Church till the permission of platforme in these Islands After which with what violence they did assaile the hierarchy what clamorus they continually raised against the Prelates what superstitions and impieties they imputed to our Liturgy notius est quam ut stylo egeat is too wel 〈◊〉 to be related If so then questionless it cannot but confirme them in their new devices to see them still permitted to this Isle Nor can they think themselves but wronged that still they are contrould and censured for the maintenance of that discipline which is by