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B20451 Justice vindicated from the false fucus [i.e. focus] put upon it, by [brace] Thomas White gent., Mr. Thomas Hobbs, and Hugo Grotius as also elements of power & subjection, wherein is demonstrated the cause of all humane, Christian, and legal society : and as a previous introduction to these, is shewed, the method by which men must necessarily attain arts & sciences / by Roger Coke.; Reports. Part 10. French Coke, Roger, fl. 1696. 1660 (1660) Wing C4979 450,561 399

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like Law is according to the nature of the fact if any of these be committed upon any solemn Festival And if any one will purge let him bring a threefold purgation Of deteining the Duties of the Church by force Cap. 45. If a Dane shall resist by force any one desiring the rights or duties belonging to God let him be punished for breach of the Law An Englishman shall be assessed in a deeper mulct unless he purge himself with eleven men and be himself the twelfth man But if he wound any man let him make amends and pay a grievous mulct to the Lord and let his hands be bored through unless he shall redeem them from the Bishop But if he killed any one let him be outlawed and pursued by all Magistrates with all the harm that they lawfully may And if afterward that man so pursued be killed let it be confirmed and unpunished and no further enquired after Of a man breaking Holy Order 46. If any man violate his Order or Rule of living let him be fined according to the dignity of his Order or price of his head for punishment of the breach of the Law or forfeit all he hath Of Repairing the Church 63. All men by right ought to use their endeavor to repair the Church Of him who keeps a man Excommunicated or Outlawed 64. If any man shall unjustly keep any Fugitive from Gods law let him be restored to right and forgiven those things which did appertain to him and let him pay to the King the price of his head But if any one shall keep and hold any other excluded from the protection of Divine or Humane laws he shall endanger himself and all he hath The Conclusion of Canutus his Laws Now I beseech all men and in the name of Almighty God command every man that they be truly from their heart converted to God and with all care and diligence search out what is to be followed and what avoided And truly it does much conduce to our souls health that we love God and hold his precepts and admonitions and hear his word by his teachers For we shall bring forth these to be seen in that day wherein God shall come to give judgment upon all men according to those things they did whilst they lived And then at length shall that blessed Keeper bring the Flock committed to his charge into the Heavenly kingdom and the joys of Angels for those things which he had done in his life and also that blessed Flock follow that Pastor who hath wreathed it out of the hands of the Devil and give the gain to God And further we study that all men may so agree to please God that for the time to come we may avoid the flames of Hell-fire The Interpreters of Gods Law ought often to preach the benefit of Divine things and indeed it is their function and does much benefit all men to salvation And all men ought with a good mind diligently to hear and have Gods admonitions always fixed in their soul for their profit And lastly that every one by his words and deeds all he can holily and thankfully do well to the greater amplitude and glory of God his Lord for so at length we shall abundantly all of us obtain Gods mercy Let the name of the Lord be praised to whom be laud honor and glory for ever God Almighty be merciful to us all according to his will Amen Ecclesiastical Laws made by Good King Edovard Who began to reign Anno Salutis 1042. Of Clerks and their Possessions Cap. 2. LEt every Clerk and also Scholars and all their goods and possessions wheresoever they be enjoy the peace of God and his Church Of the Times and Dayes of the Kings Peace 3. From the coming of our Lord until eight days after Epiphany let the peace of God and his holy Church be all over our Kingdom also from Septuagesima until eight days after Easter also from the Ascension of our Lord until eight days after Whitsuntide also all the days in Ember-weeks also upon every Saturday from the ninth hour and all the day following until Munday also upon the Vigils of S. Mary S. Michael S. John the Baptist of all the Apostles and Saints whose solemnities are celebrated by Priests upon Sunday and All Saints upon the Kalends of November alwaies from the ninth houre of the Vigil and the following Solemnity Also in Parishes in which the Dedication is observed also in the Parishes of Churches where the proper Feast of the Saint is celebrated And if any one will come devoutly to the celebration of the Saint he shall enjoy peace going staying and returning Also to all Christians going to Church to pray be peace in going and returning In like manner at Dedications Synods to men coming to Chapters whether they be summoned or of themselves have any thing to do be highest peace Also if any man excommunicated flee to the Bishop for absolution let him freely in going and returning enjoy the peace of God and his Church But if any man shall do otherwise with him let the Bishop do justice therefore But if any arrogant man will not amend for the justice of the Bishop the Bishop may make the matter known to the King and the King may constrain the malefactor to make him amends whom he hath outlawed viz. first to the Bishop then to him and so they shall be two swords and the sword shall help the sword Of the Justice of the Church 4. Wheresoever the Kings Justice is or before whomsoever Pleas are holden if one sent of the Bishops coming there opens the cause of the holy Church it shall first be determined For it is just that God be every where honored before others Of all Tenents of the Church 5. Whosoever shall hold any thing of the Church or have a mansion upon the ground of the Church shall not be compelled to hold Pleas out of the Ecclesiastical Courts although he be outlawed unless which God forbid he shall have default of right in the Court Ecclesiastical Of Guilty men fleeing to the Church 6. Whosoever guilty or nocent shall flee to the Church for protection after that he hath gotten the entrance of the Church let him not be apprehended of any man pursuing him unless by the Bishop or his Minister but if in fleeing he enters into the House or Court of any Priest let him enjoy the same security and peace he should have had at the Church so as the house of the Priest and his Court stood upon the ground of the Church Here if the thief or stealer be what he hath evil gotten if it be at hand let him restore but if he hath wholly consumed it and hath wherewith to restore of his own let him make full satisfaction for the damage he brought to him who was damnified But if as is usual the Thief hath not wherewith to do it and by chance hath
often gone out of the Church and Priests houses having restored the thing taken away let him abjure the Province and not return and if by chance he shall return let no man presume to entertain him unless he have leave from the King Of breaking the Peace of the Church If any one shall violently infringe the Peace of the Church the Justice Cap. 7. belongs to the Bishops but if one guilty in avoiding their Judgement or arrogantly contemning it shall despise it let the complaint thereof be brought to the King within forty days and let the Kings Justice make him give Security and Pledges if he can get them until he first give God afterward the Church satisfaction But if within one and thirty days either by his friends or acquaintance or by the Justice of the King he cannot be found out the King shall Outlaw him by the word of his own mouth i. e. he shall be excluded out of all protection of the King But if after he shall be found and can be retained let him be restored alive to the King or his head if he shall defend himself Lupinum enim gerit caput which in English is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This is the common and general Law concerning all men Outlawed Of the Tithes to be restored to the Church of Sheep and Hoggs 8. The tenth sheaf of all kinde of corn is due to God and therefore to be restored to God And if any one hath a company of Mares let him restore the tenth colt to God he who hath but one or two for every single colt one single peny In like maner who hath many Cowes the tenth calf who hath but one or two for every calf one single halfpeny and who make Cheese give to God the tenth but if he make none milk the tenth day In like maner the tenth Lamb the tenth Fleece the tenth Cheese the tenth Butter and the tenth Hogg Of Bees In like maner the tenth of the profit of Bees as also of under-Wood In some these two Chapters are joyned of Meadow and Waters and Mills Parks Warrens Fishponds tender Sprouts and Gardens and Merchandize and all other things which God shall give the tenth part is to be restored to him who gave the nine parts together with the tenth who shall have detained it let him be compelled to restitution by the Justice of the Bishop and King if need be For these things St. Augustine hath Preached and are granted by the King Barons and People but afterwards by the instinct of the Devil many have detained it and Priests careless of growing rich did not care to take pains to get them because they had sufficient means of living For in many places now there are three or four Churches where then there was but onely one and so they began to be diminished Of them who are judged to be brought to Judgment or Water by the Cap. 9. Justice of the King In that day wherein Judgment ought to be done let the Minister of the Bishop and his Clerks come thither and in like manner the Justice of the King with Legal men of that Province who may see and hear that all things be rightly done and whom the Lord by his mercy will save let them be quit and freely depart and whom the iniquity of the fault the Lord shall not condemn let the Justice of the King do justice upon them But the Barons who have their jurisdiction of their men let them see that they do so concerning them as they incur not displeasure with God and offend not the King And if a Suit does arise concerning men of other Baronies in their Courts let the Justice of the King be present because without it the Suit cannot be determined If any of the Barons hath not Justice in the Hundred where the Plea shall be holden it shall be determined at the next Church where the Judgment of the King shall be saving the Right of those Barons Of Romescot 10. Every one who shall have Thirty pence of current money in his house of his own property by the Law of England shall pay a Peter penny and by the Law of the Danes half a Mark But that penny ought to be summoned upon the Feasts of the Apostles Peter and Paul and collected at the Feast which is called To the Bonds so that it be not detained beyond that day If any one shall longer detain it let complaint be brought to the justice of the King because this penny is the Alms of the King and it is justice he cause this penny to be restored and the forfeiture of the Bishop and King But if a man hath more houses let him restore the Peter-penny for that wherein he resides upon the feast of Peter and Paul the Apostles Of the Office of the King and of the Right and Appendixes of the 17. Crown of the Kingdom of Britain And the King because he is the Vicar of the highest King and to this purpose ordained that he may both govern and rule the terrene kingdom and people of the Lord and above all things the holy Church and that he defend the same from wrong-doers and destroy and root out workers of mischief Besides these Sir Ed. Coke in Cawdries Case instances in King Kenulph for that King Kenulph by his Letters Patents with the consent and councel of his Bishops and Senators of his Kingdom did give to the Monastery of Abingdon in the County of Berks and to one Ruchnius then Abbot of the said Monastery c. a certain portion of his Country c. and that the said Ruchnius c. should be ever free from Ecclesiastical right or jurisdiction and that the Inhabiters of it from thenceforth be kept under the yoke of no Bishop or their Officials but in all events of things and discussions of causes they be subject to the Decree of the Abbot of the Monastery aforesaid And that this Charter was above * * Counting to the time Sir Ed. Coke wrote 850 years since which was in the year 755. and after confirmed by Edwin of Britain King and Monarch of Englishmen and this Grant did continue until the dissolution of the Abby by Henry the 8. So that the Kings of this Nation have not only of antient time been Nursing fathers to Gods Church and have exercised their Regal power over the persons of all their Subjects in all cases but have even dispensed with and conferred Episcopal jurisdiction But this was only matter of fact and done but only in one place nor was it ever established by a Law before the Statute of Lollard and by Henry the Eight and the First of Eliz. Yet it was afterward as shall appear in the next Chap. used by divers Kings and often adjudged by the Judges before Henry the Eighth CHAP. III. Ecclesiastical Laws made by William the First who began to reign in the year of Christ 1067. THat Nations and Kingdoms
her but if he will do none of these let him set her free without price If a man slea another willingly he shall be slain himself but if a man slea another not lurking or lying in wait or unwillingly or of necessity so as he were given into his hand by God let him flee to Sanctuary and save his life and forfeit nothing If a man of ambition and guile slea his neighbor let him be taken from mine altar and be put to death If a man slea his father or mother he shall be put to death If a man forestall a Freeman and he sell him to another man he shall be put to death If a man revile his father or mother he shall be put to death If a man slea another with a stone or with his fist and yet he can go with a staff get him a Physitian and let him do his work while he is impotent If a man willingly slea his Note slea is to strike as well as kill servant or his handmaid so as he doth not die in a day but live two or three nights although he be guilty let him be free because they were his goods but if he die the same day let him be guilty If a man by contention hurt a wife with child let him repair the damage that shall be adjudged if she die he shall be put to death If a man put out anothers eye let him lose his eye tooth for tooth hand for hand foot for foot burning for burning wound with wound skar with skar If a man strike his servant or handmaid so as he loses an eye let him be free therefore or if he strike out a tooth let him be free If an oxe gore any man or woman so as he die let him be stoned and eat his flesh and let the master of the oxe be guiltless if in two or three days he did not know that the oxe gored a man if he knew it and yet would keep him and the oxe afterward kill a man or woman let the oxe be stoned and the master either put to death or pay that price which shall be imposed upon him for the life be it son or daughter the law is the same if he be a servant or handmaid which is gored to death let the oxe be stoned and thirty shillings be paid to the master If a man dig a pit and shall leave it uncovered he shall pay the value of any beast that falls into it and dies If the oxe of one gores the oxe of another so as he dies let the live oxe be sold and his price and the flesh of the dead one be given to the Lord if after the oxe wound another and he die let him sell the oxe and give the price and the flesh of the oxe that is killed to the Lord thereof If the master knew the oxe had gored another and would not take warning nor sell him he shall give two and four sheep for one if he hath not wherewith to pay let him be sold for theft If a Thief break a mans house in the night and there be slain he shall not be guilty of manslaughter but if it be after sunrise he shall be guilty of manslaughter if ready to be killed he were not necessitated If a man shall put fire into standing corn and burn it the author shall give the value of the damage If a man trust another with goods to keep and he privily steal them let him repay double but if it be not found that he which was intrusted used no deceit let him be excused If the thing intrusted were a living creature if he can bring witness that it was taken away by enemies or that it is dead he shall not repay but if he cannot bring witness nor free himself from guilt let him swear he is not guilty If a man corrupt a virgin unbetrothed and slept with her let him be fined and take her to wife but if her father will not so bestow her let him pay her portion after the value of virgins portion Women Fortune-tellers Charmers and Soothsayers suffer not to live He that hath had any thing to do with a beast shall be put to death He that offers sacrifice to any other Gods shall suffer death A stranger or inhabitant thou shalt not hurt for thou wert a stranger in the land of Egypt A widow or orphan do not oppress nor vex if you shall oppress and they complain I will hear their prayrs and slea you with my sword your wives shall be widows children orphans If thou lend money to thy acquaintance be not a gainer from him nor exact usury of him If thou take the garment of one for a pledg who hath only that for a covering restore it before the sun set but if he complain to me I will hear him for my mercy Do not speak evil of the Lord nor curse him who is the Prince of the people Pay thy Tithes and thy first born and first-fruits give to God Do not taste the flesh torne from beasts but cast it to the dogs Do not trust to a deceitful mans word nor hearken to it as to obey it nor favor him in judgment nor esteem his witness but as a tale Do not follow the ill counsel of the people nor in controversie of right incline to the opinion of the multitude nor do thou hold any thing common with wrong If thou shalt find any fourfooted beast of thine adversary straying out of the way reclaim him Judge rightly do not judge otherwise to the poor and adversary then to the rich and friend Do not tell a Lye Do not slea the innocent and just Do not take a gift for it oftentimes blinds the eyes of the wise and perverts the speech of the prudent Do no injury to the stranger nor inhabitant Do not take the names of other Gods in swearing nor have them in thy mouth These are those Laws which the Almighty God himself did give to Moses and commanded him to keep and also the onely begotten Son of God when he came into the World openly taught That he did not come down to destroy the Law but to fulfil it with gentleness and goodness for he delivered the rule of true Piety After that they nailed him to the Cross before that his Apostles were together nor were scattered for preaching the Gospel converted many Nations and sent Apostles and Interpreters of the Scripture to Antioch Syria and Cilicia to learn Christs Law and what should then befal them should by a Messenger be sent back to them in writing This is that Epistle which the Apostles sent to all the people of Antioch Syria and Cilicia which were converted from the bondage of the Gentiles to Christ The Apostles and Elder Brethren wish health to you Assoon as we heard that certain men which went from us had troubled you with words and commanded some things which they had not in command from us and had made
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
alms without doubt he renders his Fast more pleasing to God 50. And we teach that Priests in the office of the Church do unanimously endeavour it and that in every Church they deserve a like yearly stipend 51. And we teach that Priests diligently instruct youth and draw them to learn arts that afterwards they may have the aid of the Church 52. And we teach that Priests upon every Sunday preach to the people and shew themselves an example of good life 53. And we teach that no Christian man eats blood of any kind Litura est 54. And we teach that Priests instruct the people of these things which of right ought to be rendred to God viz. Tythes and other things among which that which is called the Alms of the Plough within fifteen nights * Ciricsetum vel Primitias seminum after Easter the tithes of young living creatures before Whitsuntide the tithe of the Fruits of the earth before the celebration of All-Saints and * * Peter-pence Rome-money at the feast of S. Peter and Ciricsceatum idem cum Ciricsetum at the feast of S. Martin 55. And we teach that Priests so distribute the alms of the people that they render God more merciful and the people more disposed to alms 56. And we teach that Priests sing Psalms when they distribute the alms given and exhort the poor that they diligently pray for the people which gave these alms 57. And we teach that Priests themselves avoid drunkenness and be careful that it may be avoided by other men 58. And we teach that no Priest be either Poet or Stage-player whether it be to please himself or other men but that he so behave himself as is meet for his order prudent and worshipful 59. And we teach that Priests do not swear and be careful to prevent it in others 60. And we teach that no Priest love the company of Women more then is meet but that he love his own proper wife that is the Church 61. And we teach that no Priest bears false witness nor be of council with Thieves 62. And we teach that a Priest besides his duty never intangle himself with the Ordale or Forein oaths 63. And we teach that in purgation a Priest swear not against a man of free condition unless he of free condition swore before 64. And we teach that a Priest be not a Hunter nor Hawker nor Drinker but conversant with his Books as becomes his order 65. And we teach that every Priest should teach Confession and Penance and that men confessing their sins might also make satisfaction and that as need requires he administer the Eucharist and the Unction if it be desired After death let it be carefully covered and where the body is let nothing vain or unseemly be permitted but buried in the fear of God 66. And we teach that every Priest hath oil as well to baptize infants as to anoint the sick and all other apparel due to their publick ministry and by all means promote the Christian faith here by well preaching there by shewing an example in well living Then shall he so be enriched that Almighty God may be merciful to him 67. And we teach that every Priest repeating his Chrism doth not forget to tell what he should have done for the King Bishop in his prayers Of Confession 1. When any one will make confession of his sins let him do it manly and not blush to confess his sins and wickedness in accusing himself because from thence comes indulgence and because without confession there is no forgiveness for confession heals confession justifies Here is a great space in the original Manuscript O Lord I beg that thy mercy may prevent this thy servant that all his iniquities may suddenly be blotted out by Jesus Christ our Lord. Hear I beseech thee O Lord the prayers of the humble crying unto thee I beseech thee O Lord. 2. This thing is to be seriously meditated by him who is constituted Physitian for the souls of men and that he should have known their actions viz. that he may rightly discern them and hold a right reason in imposing censure upon every one of them However the matter be let not the Physitian prejudge the Sinner nor thrust him into desperation When any one will confess his sins first he shall hear him courteously what this his intention should be and whether he would or could humbly confess those things he had committed and search out all his guilt 3. Ask him of his manners and extort his guilt and lay before him all those things he has done But this keep always secret that you may never in the same manner judge rich and poor freemen and servants those elder and those younger the healthful and unhealthful the humble and proud the strong and weak them in Gods service and the secular A prudent Judge shall wisely distinguish concerning the fact viz. What how where and when it was committed And though in no place or time sin is lawful yet upon Festival and Fasting-days and Festival places every one ought more carefully to obstain from this And by how much the greater or of more dignity any one is so much more grievously is every one to be corrected before God and man for his sins For to the strong and feeble a like burden is not to be imposed nor upon one infirm as one healthful but men must distinguish between them with a prudent moderation 4. After these things the Penitent may humbly arise to his confession and first say I believe in God the Father Almighty Governor of all things and in his Son and in the Holy Ghost and I believe there is life after death and I believe I shall rise again in the day of Judgment and I believe that I by the power of God and his mercy am worthy of all these things 5. After these things with a sorrowful mind he may humbly make his confession to his Confessor and bowing his head may say in this manner I confess to Almighty God and Confessor my spiritual Physitian all the sins which ever I have committed by the pollution of Evil Spirits whether in deed or thought whether with men or women or any other creature whether by nature or against nature 6. I confess my Gluttony morning and evening I confess all my avarice envy and backbiting and deceitful vice lying and vain-boasting vain speech ungodly prodigality and haughtiness in every kind which hath any ways happened to this unbridled body of mine I confess I have often been the author of sin the favorer of sin conscious of sin and teacher of sin 7. I confess in my mind to have committed Murder and Perjuries and Sedition and Pride and neglect of all Gods commands I confess all those things which I ever saw with mine eyes either coveting or unduly reproaching and also all those vain and superfluous things which I have heard with mine ears or spoke with my tongue 8.
I confess all sins of my body of skin and flesh and bones and nerves and of kidnies and gristles and of my tongue and lips and of my jaws and teeth and hair of my marrow and of every other thing which is soft or hard wet or dry I confess I have observed my Baptism worse then I have promised to my Lord and the profession by which I was bound to keep for the praise of God and his Saints and the eternal health of my self I confess I have often neglected my Canonical hours and have often forsworne the Life of God and taken his Name in vain 9. I ask and beseech my Lord for remission of all these that the Devil may never by his snares prevail against me lest at any time I should die without confession and amendment of my sins even as to day I have confessed all my sins before our Lord and Saviour Christ who governs heaven and earth and before that Altar and those Reliques and before my Confessor and Mass-priest of the Lord and as I have given a pure and true confession and am ready to correct all my sins and as much as in me lies with all carefulness hereafter to avoid them 10. And thou O Jesu Christ my Saviour have mercy upon my soul and forgive I pray and blot out all my sins and transgressions which I have ever either heretofore or lately committed and lead me into thy heavenly kingdom that there I may be conversant with the Elected and thy Saints without end and for ever Now I humbly beseech thee O Priest of God that thou be a witness for me in the day of Judgment that the Devil hereafter may have no power over me and that thou mayst be a pleader for me to the Lord that I may amend my sins and transgressions and desist from committing the like again May God enable me to perform this who liveth and reigneth without end in everlasting Amen The manner of injoining Penance 1. If an old man or young man rich or poor man sound or infirm shall unwillingly offend another of any order it shall not be so taken as if he had wilfully done it or on set purpose And also if any one compelled by necessity shall have committed any sin for this thing because he did by necessity commit it he shall always rather deserve forgiveness and milder censure 2. Each Deed is to be carefully distinguished for Gods and Mans sake These Services are observed in Parts beyond Sea viz. 3. That every Bishop take his Episcopal seat upon that Wednesday which is called the head of the * Fast and then let every one in his Diocese come unto him who is guilty of any grievous crime and when he shall have Ashwednesday confessed this his Confessor shall teach him penance proportionable to the crime he is guilty of And if any one be worthy of a more grievous sentence he shall separate him from the communion of the Church yet shall he grant and exhort him that he follow his necessary imployment and so at length he may return home having obtained pardon 4. And after that upon Maunday-Thursday let all be called together to the same place and the Bishop singing over them some of the Hymns pronounce absolution to them and give them leave to return home with his benediction to them This is to be observed of all Christians 5. Yet ought the Priest diligently to enquire with what contrition and with what perfection and plenitude every one hath fulfilled the penance enjoined him and accordingly grant this remission 6. If a Layman without cause kill another let him fast seven years in bread and water and four of them as his Confessor shall appoint and also the seven years penance to boot and alwaies bewail his sin all he can because it is unknown to men how much his penance hath prevailed with God 7. If a man desire to kill another and cannot fulfil it let him fast three years viz. one with bread and water the other two as his Confessor shall injoin him 8. If a man shall unwillingly slay a Layman let him fast three years one with bread and water the other two as his Confessor shall appoint and let him always lament his transgressions 9. If he were a Subdeacon let him fast six years if he were a Deacon let him fast seven years if he were a Mass-priest ten years and if a Bishop twelve and always lament 10. If any man so chastise his son that he thereof die although against his will let him fast five years with bread and water ut supra 11. If a Bishop or Mass-priest shall kill any one let him lose the dignity of his Order and his penance be always 12. If a woman shall kill an infant either in her womb or after it shall be born whether by taking a potion or any other way let her fast ten years viz. three in bread and water and the other seven accordingly as her Confessor shall in mercy impose and always bewail the fact 13. If a man without cause in his rage slea his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 let him fast 3 years 14. If a husband shall out of any impious jealousie beat his wife so as she therefore dies guiltless yet let him fast three years and always bewail his misdeed 15. If a man shall of his own accord have killed himself whether with a weapon or any other devilish instigation it is not lawful for any man to sing a Mass for such a man nor to bury him with singing Psalms nor to cover him with earth being laid in a lawful sepulchre The same Judgment is to be given upon him who mischievously ended his life with pain as also a Thief Murderer or Betrayer of his Master 16. If any one of twenty years of age hath defiled himself with a beast be it male or female let him fast fifteen years And if he hath a wife and be forty years old and shall have done such a thing let him both abstain and fast all his life long nor let him presume until he be ready to die to take the body of our Lord. A young man or foolish shall be grievously beaten who shall commit any such fault 17. Whosoever shall break wedlock be it wife or husband shall fast three days in every week with bread and water for the space of 7 years 18. Whosoever repudiates his wife and takes another dissolves the wedlock No man ought to cast off though for life or death any of those things which by due right belong to Christians neither may he be buried who does this among Christians And concerning a Wife let the same thing be done And the Kindred who were present or gave counsel to these things let them be punished with the same sentence unless they sooner repent and diligently amend 19. If a man hath a Wife and also a Concubine let no Priest give them any thing belonging to Christian rights unless he penitently return
Heathen let him be unworthy to enjoy any benefit of Christian folk unless he speedily redeem him home again because he had sold him from home And if he cannot do this let him distribute that price altogether on Gods grace and free another Captive with another ransom and set him free And this let him fulfill three years as his Confessor shall appoint And if he hath not means by which he may redeem the Captive let him increase his punishment into seven years penance and alwaies lament 46. If any shall grievously offend by manifold sinning and desires at length to leave and correct these things let him often go to the Monastery and there alwaies serve God and man as he shall be taught or let him depart a great way from his country and alwaies repent whilst he lives and help his soul at least her eon earth with all profound amendment which he may find as shall be taught him Of Satisfaction 1. In this kind of confession the help of some Divine does very much conduce to the expiation of sin not less then the counsel of some learned Physitian to the curing of a disease 2. Oftentimes men sin by concupiscence and sometimes through the instigation of the Devil and that is most terrible that men bound to God so often against God as they lose their dignity 3. And to amend this there is need of severe penance but alwaies according to the manner of the order and sin as is ordained in the Canons and every one ought with all his strength and endeavour and also with trouble from the bottom of his heart to go about this Some may undergo the penance of one year some of more but alwaies after the manner of the sin some of one moneth others of more some of one week others of more weeks and some of one day others of more and some all the daies of their life 4. It behoves a Physitian who will heal grievous wounds to make use of exquisite medicines But there are none so grievous wounds as these sins for these wounds lead men to eternal death unless by confession repentance or satisfaction they make themselves whole 5. Therefore both man and woman may be Physitians who should heal these wounds First the wound is to be inquired into by good counsel then the ulcerated matter which does inwardly putrifie is to be let out that is he purge himself through confession 6. Every man who will blot out his sins by confession embraces found doctrine not less then he who takes a healthful potion from the Physitian a deadly disease 7. No Physitian can rightly cure any disease or wound until the venemous matter which putrifies inwardly be drawn out Neither can any man rightly teach penance who refuses to confess nor can without confession of sins pronounce absolution like as he cannot well be made sound who hath drunk any deadly thing unless the venemous force be expelled 8. Confession being finished any man may by penance easily obtain Gods mercy if he does this from the bottom of his heart and moreover deplore that he seduced by the Devil committed these sins 9. A prudent amendment does very much benefit this confession as the cure of a sickness a good Physitian Concerning the works of any one the Confessor may enquire by the Canons and moderate according to the power and wealth of them confessing as he believs the contrition and carefulness of any ones heart 10. That is great penance when a Laick must lay down his arms and make pilgrimage far and neer barefoot who must not lie two nights in one place who fasts much and watches who daies and nights prays earnestly and who willingly wearies himself and who is so untrimmed that no iron hath touched his hair or nails 11. Who neither comes into warm bath nor soft bed nor tastes flesh nor drink which may make him drunk who comes not into a Church but yet zealously seeks holy places and confesses his sins and asks intercession who kisses no body yet bitterly deplores his sins 12. He is propitious to himself who in this manner prejudgeth himself And indeed this man is happy although in nothing he is more unwatchful then that he might fully correct himself Neither was there ever in the world any so grievous a sinner but he might appease God if he ardently went this way 13. There are many waies to appease God for sins and alms do very much conduce to the forgiveness of them 14. He who hath means sufficient let him build a Church to the praise of God and if he hath more besides let him give land to it and bring in young men who may perform holy service for him and therefore daily minister to God and let him repair Gods Church for his means and High-waies let him make Bridges over unpassable waters and dirty places let him distribute for Gods sake that which he has and with as much diligence as he can let him carefully relieve the poor widows orphans and strangers let him manumiss his own servant let him redeem servants from other men to be set free especially the poor man taken in war let him feed and clothe men in want and allow them houseroom and firing and bath and bedding and in his necessity in all places let him make intercession in singing Masses and Psalms and let him in his devotion towards his Lord God very much chastise himself by abstaining from meat and drink and all other bodily desires 15. And he who hath less means let him set himself all he can that in his devotion towards God he paies tithes of all he possesseth that he examine himself as often as he can and often with alms visit Churches and salute Holy places with lights and give his house meat and protection to them that need and also fire and some nourishment and bed and bath and take care to clothe and feed the poor as much as he can 16. For Gods love let him visit the sorrowful and sick and bury the dead often in secret lie prostrate upon his knees and often lie prostrate and stretched out upon the ground let him fast watch and pray night and day diligently He who hath not means sufficient to perform all these things let him endeavour to do as much as he is able Let him wear out his body against lust if ever by delicacie or lust he hath pleased the devil Now let him by fasting correct that sin which before he had committed by gluttony and let him often watch and labor if at any time he were wonted to the contrary and given to ease when he ought not or had at other times beyond measure watched in vain Let him afflict himself with cold and frozen baths for that heat whereof he sinned by lust If he hath any where offended another unjustly let him diligently make amends and if another hath offended him let him be appeased as much as in him lies against those sins which grew up