Documents relating to Newton's preparation for appearance before Judge Jeffreys

Lib 33. cap. 18. n. 3. de pœnis quasi sacrilegij{illeg}

Qui Mandata Principū non obsequuntur crimen admittunt sacrilegij c. 12. 8: 1{illeg} Quemobrem pœna adjicitur, quæ distinguenda, nam negligantur mandata Pricipis, an{illeg} veroò contemnantur. Multum enim interest inter hæc. Quod si negligantur an illa mand{ata} magni ponderis sint, et jacturā Reipublicæ inferant, an non: Nam illis non solum jactura bonorū, sed et ultimum suppliciū meminet. d. 49. 16. 6. 2. de re militari: sed illis levior pœna et arbitrarius. Quod si contemnat quis jussa principū superbè, mend{illeg} in Legem Iuliam Majectatis, et pœna experitur ultimi supplicij. Et si Ecclesiasticū superiorem contemnit, Anathemate feritur. Cæterum si quis non contemnat, sed rationem habeat, cur implere noluerit, potest suspendere executionem et monere Principem ab expectare secundam Iussionem impuneqꝫ hoc facit; quia pleraqꝫ propter importunitatem petentium, vel inconsideratè, propter negoitiorū multitudinem quibus occupatur Princeps, impetrantur a principe quæ admitti a Iudicibus non debent. Decret. Greg. Lib. 5. Tit. 34. cap. 12. Cæterū de purgatione Canonicâ. cod. 10: 12. 1. de pet. bon. sublatis.

Decret. Greg. Lib. 1. Tit. 3.

cap. 5. de Rescriptis.

Is ad quem Rescriptū Papæ dirigitur, debet illi parere, vel causam rationabilem assignare, quare parere non potest.

Alexander III Ravannati
Archiepiscopo.

Si quando aliqua tuæ fraternitatis dirigimus, quæ animū tuū exasperare videntur, turbari non debes. Qualitatem negotij pro quo tibi scribitur diligenter considerans, aut mandatū nostrū reverent adimpleas, aut per literas tuas, quare adimplere non possis, rationabilem causā prætendas: quia patienter sustinebimus si non feceris, quod prave nobis fuerit insinuatione suggestū.

C. cum teneamus apud Greg. 6. de præbendis et dignitatibus.

Si mandatū nostrū pro alicujus provisione receperis, qui aliud beneficiū, de quo habeat commodè sustentari: nisi forte in literis ipsis de hoc mentio habeatur: aut si non potest ei sine scandalo provideri, æquanimiter sustinemus, si pro ea mandatū nostrum non duxeris exequendum.

We find by Plutarch of y^e great Antiochus of Asia, who saith y^t Princes are obnoxious to abuses of Ministers, & it could not at all times be p^rvented; Therefore he sent Le|M|esseng^rs y^t Letters or dispatches sent in his name y^t were not warrantable by Law, & agreeable to Iustice, should not be contrived to be done by him, & therefore they should not give way unto it.

Queen Eliz. in 29^th yeare of her Reign erects a new office in y^e Common pleas, for y^e making of Supersedeas or exigents, y^t issue there, she grants it to Richard Cavendish her servant, sends to have him admitted, but y^e Iudges delay the doing of it for this reason, because Protonotaries, & Philizers, claimed y^e making of those writs. The Queen sends a sharp Lett^r. & com̄ands them forthwith to admit him, yet y^e Iudges for{bear.} The Queen sends a sharper Lett^r. com̄anding them to shew their Reasons of their <1v> contempt & disobedience to y^e then L^d Keeper, & y^e Earle of Leicester, no mean person in those days, y^e Iudges deliver their Reasons, why they had refused, & it was becuase others claimed y^e making of those writs. The Queen sends a fourth peremptory Message for their admitting w^th this Reason, y^t if y^e others were put out, they were rich & able men, & y^t her Courts of Iustice were open, where they might demand their Rights.

This was not to take their Right, but to put them to their Action.

The Iudges humbly returned this Answer, y^t y^e Queen had taken her Oath for y^e due execution of Iustice, according to y^e Law, y^t they did not doubt, but y^t when her Ma^ty was informed y^t it was ag^t Law she would do w^t befit her, for their parts they had taken an Oath to God, to her, & y^e Commonwealth, & if they should do it without processe of Law before them, & only upon her Com̄and, & put y^e other out of profession, tho y^e Right remained to them, it were a breach of their Oaths, citing y^e Case of Thorpe y^t it might be a sufficient warning to them: The Queen hearing of these Reasons, was satisfied, & y^e Iudges heard no more of the business.

This preced^t is to be found in S^t Iohns Argum^t concerning Shipmoney vide de 2. Nelsons Coll 1 p^t fol. 718, 719.

The case of y^e B^ps Courts.

By 1 Edw. 6. 2 ecclesiastical processes are to run in y^e King's name \&/ under his seale & y^e Teste in y^e AB^p's & B^p's. This Act was repealed by 1 & 2 Phil & Mar sess. 2 c 8. But this Act of repeale is now voyd being repealed by two later Acts, first by 1 Eliz 1 w^th exception only of y^e clauses relating to premunire w^ch reach not this case, & then by 1 Iac 25 without absolutely w^thout exception; & being also repugnant to it self & so void: for it both fully confirms & \yet/ diminishes y^e prerogative. So then the statute of 1 Edw. 6 {illeg} is | will be in force notwithstanding that of Q. Q. Mary. unless it be \But yet it is/ repealed by some other laws. ffor \Soon after/ in a Parliament held 4 Iac it was disputed in a grand Committe of L^ds & Com^s & by y^e Iudges given for y^e B^ps ag \because/ y^e Act of 1 Edw. 6 was repea whether by y^e repeale of 1 & 2 Phil. & Mar. that of 1 Edw 6 was not revived, & the 12 Iudges there gave their opinion for y^e B^ps against y^t Act of 1 Edw 6, because that Act was repealed by two other Acts viz^t y^t of 1 Eliz 1 w^ch confirms y^e repeale of all \those/ Acts made in 1 & 2 Phil & Mar sess 2. c 8 which |it| doth not expresly revive whereof this of 1 Edw. 6 is one, & that of 25 Hen 8 c 20 w^ch was revived by that of 1 Eliz 1 & enacts that Arch B^ps & B^ps (so elected presented & consecrated as is there prescribed) shall be obeyed in all manner of things according to y^e name title degree & dignity that they shall be so chosen or presented unto & do & execute in every thing& things touching the same as any ArchBishop or Bish^p of this Realm w^thout offending y^e Prerogative Royal of y^e Crown & y^e Laws & customes of this Realm might at any time heretofore do. The sentence of y^e Iudges was in these words

Primo Iulij 1637
The Iudges certificate concerning Ecclesiasticall Iurisdiction

May it please yo^r Lordships

According to your L^dships order made in his Ma^ties Court of star-chamber y^e 12^t of May last, we have taken consideration of y^e particulars wherein o^r opinions are required by y^e said order & we have all agreed:

That processes may issue out of y^e Ecclesiastical Courts, & y^t a Patent under y^e great seal is not necessary for y^e keeping of y^e said Ecclesiastical Courts or for y^e enabling of Citations, Suspensions, Excommunications or other Censures of y^e Church; & y^t it is not necessary that summons, Citations or other Processes Ecclesiastical in y^e said Courts or Institutions, or Inductions to Benefices or correction of Ecclesiastical offences by censure in those Courts be in the name or w^th y^e stile of y^e king or under the kings seal, or that their seals of office have in them the kings Arms. And y^t y^e statute of primo Edwardi sexti c. 2 w^ch enacted y^e contrary is not now in force.

<2v>

West. Brab. Wake Trev

His Ma^ties promise is no argum^t why we for abrogating y^e laws because he is but for his life these for ever, that null & void by its being contrary to his religion, these firm & binding, that w^thout a legal penalty upon those {men} \subjects who/ may act contrary to it, these enforced {given} to all sub by \appointed/ penalties Nor is it more loyall more honest or more prudent to take away the laws for o^r religion in trusting to a bare promise to maintain it w^thout them then it would be to {pretend} throw up \all/ y^e laws for liberty & property should the king desire it & promise to maintain {illeg} the people in all their rights without them. {illeg} If we are for y^e first case more then wee should be for y^e last tis {illeg} becaus we have less zeale for \o^r/ God & religion then for liberty & property o^r civil rights. An Attorney who should deliver up his Clients bond upon a bare promise {illeg} of the money would in y^e opinion of all men be fals to his trust & this is o^r case The people have entrusted us w^th o^r rights & we ought not to deliver up their security upon any promise whatsoever. Nor will o^r faith & trust in y^e kings integrity excuse us any more then the Attorneys confidence in y^e creditor could be an excuse for him. But (w^ch is wors) in abrogating y^e penal laws & tests we shall absolve y^e king fom his promise of maintaining y^e Church of England according to law, & so have neither law nor rel promise left for y^e support of o^r religion. And in taking away these laws we may revive severall old laws & customes & interpretations of laws against o^r selves, such as are y^e 1^st chap \sect./ of Magna charta for preserving y^e popish church of Engl. the three a|A|cts ag^t Lollards & others whom y^e Roman Church accounts hereticks repealed by y^e Act primo Elizab. the commission of y^e Sheriffs still directed to them for prosecuting those Lollards & hereticks, the writt de excommunicato capiendo. We shall also make y^e Ecclesiastical court more formidable by taking away y^e laws w^ch restrain it.

Nor shall we be only fals to o^r trust {illeg} but also wanting to o^r oaths. ffor whilst the oaths of Allegiance & Supremacy we have taken oblige us to defend as far as we are able the prerogative & authority of y^e Crown against all forreigne power & authority, if {illeg} we shall in any respect diminish y^e security of the \crown &/ nation against their own being enslaved to y^e authority of y^e B^p of Rome, we shall be no truer to \these/ o^r oaths then a Dutchman would be to his who should one day cut y^e banks sweare to do his utmost endeavour to keep out y^e sea & y^e next day cut y^e banks w^th his own hands. I know not whether some here have \unadvisedly/ promised any thing in these matters, I would re contrary to y^e intent of his oaths, I would remind him that his oa such promises are not binding.

To comprise in an Act for lib^ty of Consc. what relates to y^e freedom & in another Act, w^t relates to y^e Government.

To settle every thing by severe penalties.

To describe y^e Church of England not by y^e name of y^e Church of England but by y^e circumstances of her doctrine in opposition to popery. ffor the same Ch. of E. may by succesive reformations be in one age of one relig. in another of another.

To make a previous Act for securing y^e legal election of Parliam^ts least there be the same means used for getting of these {illeg} Acts as has been now for getting off y^e former.

In y^e Act for liberty to confirm the repeal of all ancient laws made in favour of Popery, to int review & interpret \most plainly/ y^t 1^st ch. of M. Charta & of all other \ancient/ laws in force about religion least they be hereafter interpreted in favour of Popery by y^e Iudges.

To secure the interpretation of this law to a perpetuall commission of 12 Lawyers, 4 to be chosen by y^e King 4 by y^e House of L^ds & 4 by y^e Commons to {illeg} & to chose {illeg} 3 more to succeed them & empower every five as any one \of y^m/ shall drop to chose {illeg} {illeg}|a| successor.

To secure