Selected quad for the lemma: religion_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
religion_n	king_n	majesty_n	subject_n	3,135	5	6.4839	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

Texts of Law we are informed that unlawful Colledges Corporations and Assemblies gathered together to bad uses as to Eating Drinking Wantonness Conspiracy are punished as publick Routs and Riots Thus much for the Digests I come now to what is said of Conventicles in those parts of the Civil Law we call the Codes the Novels and the Feuds In the Code of the Emperour Justinian Cod. 1.3.15 de illicitis conventiculis you have this Text of Law Conventicula illicita etiam extra Ecclesiam in privatis aedibus celebrari prohibemus proscriptionis domus periculo imminente si dominus ejus in ea Clericos nova ac tumultuosa Conventicula extra Ecclesiam celebrantes susceperit For more of this matter of Conventicles the Reader may at leisure see Cod. 1.12.5 Cod. 1.5.6 and 8. In the Novels it is declared That the sacred Mysteries or Ministeries be not done in private Houses but be celebrated in publick places least thereby things be done contrary to the Catholick and Apostolick Faith unless they call to the celebrating of the same such Clerks of whose Faith and Conformity there is no doubt made or those that are deputed thereunto by the good will of the Bishop But places to pray in every man may have in his own House if any thing be done to the contrary the House wherein these things are done shall be confiscated and themselves shall be punished at the discretion of the Prince In the Feuds it is deereed thus Feudorum lib. 2. Tit. 53. Conventicula quoque in Civitatibus Omnesque Conjurationes extra etiam occasione parentelae inter Civitatem Civitatem inter personam personam sive inter Civitatem personam modis omnibus fieri prohibemus Et in preteritum factas Cassamus singulis conjuratorum paena unius Librae auri puniendis Episcopos vero Locorum Ecclesiastica censura violatores hujus sanctionis donec ad satisfactionem veniant voluimus coercere Receptoribus etiam malefactorum qui praedictam pacem violeverint praedam ementibus nostram indignationem subituris ejusdem paenis feriendis Praeterea bona ejus publicentur domus ejus destruatur By this edict it appears that Domus ubi conventicula aut Conspirationes fiunt confiscatur Receptans violatorem Legis pari cum eo paena punietur The House where Conventicles or Conspiracies are made is to be confiscated and he who receives any offender against this Law must be lyable with him to the same Punishment Thus much of the Foreign Edicts made against Conventicles and unlawful Assemblies I pass on to give an account what Laws Canons and Constitutions have been ordained both in the Church and State of England for the preventing and suppressing of the Conventicles of Sectaries And we begin with the Laws enacted in the Reign of Queen Elizabeth in whose name our Whiggs pretend to cast out of the Kingdom those Devils the Jesuits c. but will not observe one tittle of her Laws and Constitions made for the better Government of the Church and State In the 35th year of the Queens Reign are enacted two Laws The first is for the punishment of those persons that obstinately refuse to come to Church and perswade others to impugne the Queens Authority in Ecclesiastical Causes c. For what end this Punishment and for what persons intended the preamble of the same Statute demonstrates It is For the preventing and avoiding of such inconveniences and perills as might happen and grow by the wicked and dangerous practices of Seditious Sectaries and disloyal Persons The Second Law is 35 Eliz. c. 2. to impose a penalty on a Convicted Popish-Recusant removing above five Miles from the House c. And for what end the penalty is imposed and what persons are meant by this Law the preamble thereof will inform us It is for the better discovering and avoiding of such Trayterous and most dangerous Conspiracies and Attempts as are daily devised and practised against the Queens Majesty and the happy Estate of this Common Wealth by sundry wicked and Seditious persons who terming themselves Catholicks and being indeed Spies and Intelligencers not only for her Majesties Foreign Enemies but also for Rebellious and Traytorous Subjects Born within her Realms and Dominions and hiding their most detestable and divilish purposes under a false pretext of Religion and Conscience do secretly wander and shift from place to place within this Realm to corrupt her Majesties Subjects and to stir them to Sedition and Rebellion From the Reign of Queen Elizabeth we come to that of King James In 1. Jacobi Regis Anno 1603. there is a Canon and Constitution whereby maintainers of Conventicles are censured the words of the Canon are these Whosoever shall hereafter affirm or maintain that there are within this Realm other Meetings Canon 11. Assemblies or Congregations of the Kings born Subjects then such as by the Laws of the Land are held and allowed which may rightly Challenge to themselves the name of True and Lawful Churches Let him be Excommunicated and not restored but by the Arch-Bishop after his Repentance and publick Revocation of such his wicked Errors And as the maintainers of Conventicles are censured so against the maintainers of Constitutions made in Conventicles there is ordained a Canon which is the 12th The words whereof are as follow Whosoever shall hereafter affirm Canon 12. that it is Lawful for any sort of Ministers and Lay-persons or either of them to joyn together and make Rules Orders or Constitutions in Causes Ecclesiastical without the Kings Authority and shall submit themselves to be Ruled and Governed by them Let them be excommunicated ipso facto and not be restored until they Repent and publickly revoke those their wicked and Anabaptistical errors Add hereto a Third Canon against Ministers holding private Conventicles the very words whereof are these For as much as all Conventicles Canon 73. and secret Meetings of Priests and Ministers have been ever justly accounted very hurtful to the state of the Church wherein they live we do now Ordain and Constitute That no Priests or Ministers of the Word of God nor any other persons shall meet together in any private House or elsewhere to consult upon any matter or course to be taken by them or upon their motion or direction by any other which may any way tend to the impeachment or depravation of the Doctrine of the Church of England or of the Book of Common-Prayer or of any part of the Government and Discipline now established in the Church of England under pain of Excommunication ipso facto From King James's Reign I descend to that of the Royal Martyr King Charles the First by whose License and Authority there was a Constitution and Canon Ecclesiastical framed and agreed upon in the several Synods held at London and York Anno 1640 against Sectaries And it is this Whereas there is a Provision now made by a Canon

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