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A49305 An appeal to the conscience of a fanatick shewing that the King of England, by the fundamental laws of it, is as absolute and independent a monarch as any of the kings mentioned in Scripture, and consequently, as free as any of them from any humane coactive power to punish, censure, or dethrone him : whereunto is added, a short view of the laws both foreign and domestick, against seditious conventicles / by a barrister at law. Lane, Bartholomew. 1684 (1684) Wing L328; ESTC R10926 17,115 31

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4.8.51 d. 36.1.13 d. 24.1.7 8. neque imperare sibi neque se prohibere quisquam potest no man can Command or forbid himself at leastwise no man can impose such a Law upon himself but that he may recede from it when he pleaseth D. 32.1.22 de Leg. 3. He that is under the former power only is accountable to God only for his Actions as the King But he that is under both Powers of the Law is accountable both to God and the Law as is every Subject Again In respect of the Directing Power the Law is the Object and Rule of Justice and so the King is under the Law In Respect of the Correcting Power the Law is the Instrument of Justice and so the King is not under the Law but the Law is a means serving the King to govern his People To illustrate this by an example a Servant who guides and directs his Master as he is a Guide is superiour to his Master but consider him as an Instrument and Servant unto his Master and though he be never so Wise and Upright yet his Master is above him And as the Law is said to be above the King so in the same Sence His Council may also be said to be above him that is in respect they guide Bracton Lib. 2. c. 16. N. 3. Fleta Lib. 1. c. 17. N. 9. direct and advise the King in the Governing of his People For so say our two antient Lawyers The King hath Superiors in the Governing of his People the Law by which he is made and his Council to wit The Earls and Barons But here a scruple may arise what Bracton and Fleta mean when they say The Law makes the King It is answered there are two singular and excellent benefits which by the Law redound unto the King The one is the Law does declare and publish unto the People the Kings Right unto the Crown so that they quietly and willingly receive him as their King and submit unto him The other Benefit is the Law doth support and strengthen him in his Emperial Throne In both which respects it may well be said That the Law makes the King and so Sir Edward Coke spake right when he told King James That the Law set the Crown upon his Head Sir These Objections being fully as I think answered I shall leave you and your Fanatick Neighbours to compare what hath been now by me proved with what hath been by some of our Divines lately delivered out of the Scriptures and you will clearly find That the King of England is such a King as the Scriptures make mention of And if it be so how then can Fanaticks take up Arms against him If he be wicked what advantage will it be to them to be worse If he break his Oath will they also break theirs Or can they say that they swear Allegiance unto him on conditon of his good Behaviour Does the Statute of 25. Ed. 3. C. 2. declare it to be Treason only to Levy War against a good a just King Why then did not the Protestants take up Arms against that bloody Idolatrous Queen Mary Why then is it Treason to compass the Death of an Usurper of the Crown Dalt 227. Was not Spencer banished for the affirming Co. Lib. 7. Calvin's Case That if the King did not demean himself by Reason in the Right of the Crown His Subjects were bound by Oath to remove him Oh Fanaticks take heed of this unhappy principle which not long since ruined as Flourishing a Kingdom as any in the Christian World By the dire Effects of it our Religion was abolished our Foundations over-turned our Laws abrogated the Government of Church and State dissolved instead of Religion Atheism and Infidelity Fanatick Rage and wild Enthusiasme In short instead of Liberty and Property the voice of Sequestrations Plunders and Decimations were heard in the Land FLAGELLVM CONCILIABVLORVM OR A ROD for the FOOLS-BACK SHEWING What Laws both Forreign and Domestick have been framed for the Prevention and Suppression of Conventicles THe gathering of Assemblies is reckoned as an especial Priviledge of Soveraign Princes who in all times have been jealous of them and provided severe Laws against them and good Reason for such Jealousy for that it is impossible be the pretences of Meeting never so specious and fair to Govern People and keep them quiet long if they have liberty to flock together at their pleasures And therefore there is a necessity that all Assemblings of people whether upon a Sacred or Civil account should be absolutely in the Power of Princes To which purpose both remarkable and agreable are those Laws and Edicts made by the Policy of the Greeks and Romans whereunto we will add those Laws Canons and Constitutions that have been Enacted in our Parliaments and Convocations And we shall begin with those that are Foreign Isocrates under the person of King Nicocles thus instructs his Subjects 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In English thus Make no Societies nor Coventicles without my License Assemblies of this kind as in other Governments they are hurtful so in Monarchies they are exceeding dangerous Agreable hereto is that of Mecenas in Dio who pronounceth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is in English Combinations and Assemblies and Associations are things that do not very well consist with a Monarchy Upon this account Arnoldus Clapmarius shews how pernitious and dangerous are Conventicles in a Government L●b 3. cap. 13. de Arcanis Donationis and gives us Tacitus's Note In Rebellione Galliarum Igitur says Tacitus per conciliabula Caetus seditiosa disserebant From whence such unlawful Assemblies are prevented and suppressed by the Decrees and Constitutions of the Roman Princes and Senators which are to be found in the Body of the Civil Law which I now present to the Reader Sub praetextu Religionis D. 47.11.2 de caetibus illicitis vel sub species solvendi voti Caetus illicitos nec a veteranis tempetare oportet Mandatis principalibus praecipitur praesidibus provinciarum ne patiantur esse Collegia sodalitia neve milites Collegia in castris habeant D. 47.22.1 de Collegii Sed permittitur tenuioribus Stipem menstruam Conferre dum tamen semel in mense caeant ne sub praetextu hujusmodi illicitum Collegium coeat Quod non tantum in urbe sed in Italia in provinciis Locum habere Divus quoque severus rescripsit Sed Religionis Causa coine non prohibentur D. 47.22.2 de p●na dum tamen per hoc non fiat Contra Senatusconsultum quo illicita Collegiaarcentur Quisquis illicitum Collegium Vsurpaverit ea paena quo Tenetur qui hominibus armatis Loca publica vel templa occupasse judicati sunt In summa autem nisi ex senatusconsulti auctoritate vel Caesaris D. 47.22.3.1 Collegium vel quod cunque tale Corpus coierit contra senatusconsultum et mandata constitutiones collegium celebrant By these
for the suppressing of Popery and the growth thereof by Subjecting all Popish Recusants to the greatest Severity of Ecclesiastical censures in that behalf Canon 5. This present Synod well knowing that there are other Sects which endeavour the subversion both of the Doctrine and Discipline of the Church of England no less than the Papists do although by another way for the preventing thereof doth hereby decree and ordain That all those Proceedings and Penalties which are mentioned in the aforesaid Canon against Popish-Recusants as far as they shall be applyable shall stand in full Force and Vigour against all Anabaptists Brownists Separatists Familists or other Sect or Sects person or persons whatsoever who do or shall either ob●●●nately refuse or ordinarily not having a Lawful Impediment that is for the space of a Month neglect to repair to their Parish-Churches or Chapels where they inhabit for the hearing of Divine-Service Established and receiving of the Holy-Communion according to Law And further because there are sprung up among us a sort of factious people Despisers and Depravers of the Books of Common-Prayer who do not according to the Law resort to their Parish-Church or Chappel to joyn in the publick Prayers Service and Worship of God with the Congregation contenting themselves with the hearing of Sermons only thinking thereby to avoid the Penalties due to such as wholly absent themselves from the Church We therefore for the restraint of all such wilfull Contemners or Neglectors of the Service of God do ordain that the Church or Chappel-Wardens and Questmen or Sidemen of every Parish shall be careful to enquire out all such disaffected persons and shall present the names of all such Delinquents at all Visitations of Bishops and other Ordinaries and that the same Proceedings and Penalties mentioned in the Canon aforesaid respectively shall be used against them as against other Recusants unless within one whole Month after they are first denounced they shall make acknowledgment and reformation of that their fault Provided always that this Canon shall not derogate from any other Canon Law or Statute in that behalf provided against those Sectaries From the Reign of King Charles the 1st I come to the Reign of the King that now is wherein are Laws enacted besides those against Nonconformists for the preventing and suppressing of Conventicles As for Example In the 16th of King Charles the 2d there is a Law 16. Car. 2. c. 4. Intituled An act to prevent and suppress Seditious Conventicles and in the preamble thereof are these words to be read Whereas an Act made in the five and thirtieth Year of the Reign of our late Sovereign Lady Queen Elizabeth Entituled An Act to retain the Queens Majesties Subjects in their due Obedience hath not been put in due Execution by reason of some doubt of late made whether the said Act be still in force altho' it be very clear and evident and it is hereby declared that the said Act is still in force and ought to be put in due Execution For providing therefore of further and more speedy Remedies against the growing and dangerous practises of Seditious Sectaries and other disloyal persons who under pretence of tender Consciences do at their Meetings contrive Insurrections as late Experience hath shewed As for the Punishment c. of this same Law I shall not mention because it is expired In the 22d year of the Reign of the King that now is 22. Car. 2. c. 4. there is another Law made whereby 't is enacted 1. That if any of the Age of Sixteen years or upwards being a Subject of this Realm shall be present at any Conventicle under pretence of any Exercise of Religion in other manner than according to the Church of England any Justice of Peace c. on Proof Confession Oath of two Witnesses or notorious Evidence of the Fact may make a Record of such offence which Record shall be a Conviction and set a Fine of Five Shillings for the first offence and for the second Ten Shillings to be Levied by distress and sale of the offenders Goods or in case of Poverty on the Goods of others then convicted of the like offence at the same Conventicle 2. That every person convicted of Preaching at any such Meeting shall forfeit for the first offence Twenty Pound and if it be a Stranger and his name and habitation not known or he cannot be found or be unable to pay the Justice of Peace c. may Levy it upon any persons that were present and for the second offence Forty Pound to be levied and disposed c. 3. That every person convicted of wittingly suffering any such meeting to be held in his House Yard c. shall forfeit Twenty Pound and in case of his Poverty upon persons convicted of being present at the same 4. That if any Constable c. knowing or being informed of such Meetings within his Precinct shall not inform a Justice of Peace or chief Magistrate c. but they or others called in their aid shall wilfully omit their Duty and being convicted thereof they shall forfeit Five Pound and the Justice of Peace and chief Magistrate c. omitting their Duty shall forfeit one Hundred Pound Now for what end are these penalties imposed Why the preamble of the Law will tell you That it is For providing Remedy against the growing and dangerous practices of Seditious Sectaries and other disloyal persons who under pretence of tender Consciences have or may at their Meetings contrive Insurrections as late experience hath shewed Now Reader if this very last Statute be put in due execution I should think our Sectaries would not have long Pocket Courage enough to frequent Conventicles and if they themselves would but consider and weigh the preambles of the Laws and Canons before mentioned they would pronounce themselves Guilty of the greatest folly and Impudence in the World to be found at such unlawful Meetings Well I have no more to say to our Sectaries not only to desire them to read these following Lines spoken by a most excellent (a) Doctor Laney late Lord Bishop of Ely on 1. Thess 4.11 Prelate of our Church in a Sermon Preached before his Majesty at White-Hall 12. Martii 1664. A Man saies he may go far in Religion without troubling any and if then they fall into some Error or Misbelief in Religion they ought not to be severely handled but when they betake themselves to a Sect that alters the case it will then be Compassion mistaken A Locust alone is no such perilous Beast to be fear'd or regarded by any but when they come in shoals and swarms and cover the Face of the Earth they are a plague to the Country where they light So to look upon a Sectary single who out of simplicity and good meaning follows his Conscience our Hearts should be every whit as tender for them as their Consciences are But if we look upon them in Company they are as ill and dangerous as the Company they are found in and the danger of all popular Meetings and Associations to a State makes it the proper business of a King and his Ministers to look to it and to provide against it wherein the care hath been taken deserves a just Commendation FINIS BOOKS Printed for and are to be Sold by John Walthoe at the Black-Lyon in Chancery-Lane overagainst Lincolns-Inn AN Historical Account of the late great Frost in which are discovered in several Comical Relations the various Humours Loves Cheats and Intreagues of the Town as the same were managed upon the River of Thames during that Season In Twelves price 1 s. The Kings Prerogative and the Subjects Priviledges Asserted according to the Laws of England Together with Observations on the Laws and Government of most of the Kingdoms and States of the Universe by J. N. in large Octavo price 1 s. 6 d. The Religious Cavalier Done out of French By Gideon Pierrevile Gent. price 1 s. Eve Revived Or The Fair One Stark-Naked A Novell The Priviledge of Cuckolds Or the Cure of Jealousie A work necessary not only for those who are so but those that may be so In Twelves price 1 s.