Petri Greg. Tholosani Syntagma Iuris universiPrincipis mandata contemnentes quomodo puniantur

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 impuneq hoc facit; quia pleraq 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

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 ye great Antiochus of Asia, who saith yt Princes are obnoxious to abuses of Ministers, & it could not at all times be prvented; Therefore he sent Le|M|essengrs yt Letters or dispatches sent in his name yt 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 29th yeare of her Reign erects a new office in ye Common pleas, for ye making of Supersedeas or exigents, yt issue there, she grants it to Richard Cavendish her servant, sends to have him admitted, but ye Iudges delay the doing of it for this reason, because Protonotaries, & Philizers, claimed ye making of those writs. The Queen sends a sharp Lettr. & coands them forthwith to admit him, yet ye Iudges for{bear.} The Queen sends a sharper Lettr. coanding them to shew their Reasons of their <1v> contempt & disobedience to ye then Ld Keeper, & ye Earle of Leicester, no mean person in those days, ye Iudges deliver their Reasons, why they had refused, & it was becuase others claimed ye making of those writs. The Queen sends a fourth peremptory Message for their admitting wth this Reason, yt if ye others were put out, they were rich & able men, & yt 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, yt ye Queen had taken her Oath for ye due execution of Iustice, according to ye Law, yt they did not doubt, but yt when her Maty was informed yt it was agt Law she would do wt befit her, for their parts they had taken an Oath to God, to her, & ye Commonwealth, & if they should do it without processe of Law before them, & only upon her Coand, & put ye other out of profession, tho ye Right remained to them, it were a breach of their Oaths, citing ye Case of Thorpe yt it might be a sufficient warning to them: The Queen hearing of these Reasons, was satisfied, & ye Iudges heard no more of the business.

This precedt is to be found in St Iohns Argumt concerning Shipmoney vide de 2. Nelsons Coll 1 pt fol. 718, 719.


The case of ye Bps Courts.

By 1 Edw. 6. 2 ecclesiastical processes are to run in ye King's name \&/ under his seale & ye Teste in ye ABp's & Bp'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 wth exception only of ye clauses relating to premunire wch reach not this case, & then by 1 Iac 25 without absolutely wthout exception; & being also repugnant to it self & so void: for it both fully confirms & \yet/ diminishes ye 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 Lds & Coms & by ye Iudges given for ye Bps ag \because/ ye Act of 1 Edw. 6 was repea whether by ye repeale of 1 & 2 Phil. & Mar. that of 1 Edw 6 was not revived, & the 12 Iudges there gave their opinion for ye Bps against yt Act of 1 Edw 6, because that Act was repealed by two other Acts vizt yt of 1 Eliz 1 wch confirms ye 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 wch was revived by that of 1 Eliz 1 & enacts that Arch Bps & Bps (so elected presented & consecrated as is there prescribed) shall be obeyed in all manner of things according to ye 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 Bishp of this Realm wthout offending ye Prerogative Royal of ye Crown & ye Laws & customes of this Realm might at any time heretofore do. The sentence of ye Iudges was in these words

Primo Iulij 1637
The Iudges certificate concerning Ecclesiasticall Iurisdiction

May it please yor Lordships

According to your Ldships order made in his Maties Court of star-chamber ye 12t of May last, we have taken consideration of ye particulars wherein or opinions are required by ye said order & we have all agreed:

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


West. Brab. Wake Trev


His Maties promise is no argumt why we for abrogating ye 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 wthout 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 or religion in trusting to a bare promise to maintain it wthout them then it would be to {pretend} throw up \all/ ye 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 ye first case more then wee should be for ye last tis {illeg} becaus we have less zeale for \or/ God & religion then for liberty & property or civil rights. An Attorney who should deliver up his Clients bond upon a bare promise {illeg} of the money would in ye opinion of all men be fals to his trust & this is or case The people have entrusted us wth or rights & we ought not to deliver up their security upon any promise whatsoever. Nor will or faith & trust in ye kings integrity excuse us any more then the Attorneys confidence in ye creditor could be an excuse for him. But (wch is wors) in abrogating ye penal laws & tests we shall absolve ye king fom his promise of maintaining ye Church of England according to law, & so have neither law nor rel promise left for ye support of or religion. And in taking away these laws we may revive severall old laws & customes & interpretations of laws against or selves, such as are ye 1st chap \sect./ of Magna charta for preserving ye popish church of Engl. the three a|A|cts agt Lollards & others whom ye Roman Church accounts hereticks repealed by ye Act primo Elizab. the commission of ye Sheriffs still directed to them for prosecuting those Lollards & hereticks, the writt de excommunicato capiendo. We shall also make ye Ecclesiastical court more formidable by taking away ye laws wch restrain it.

Nor shall we be only fals to or trust {illeg} but also wanting to or 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 ye Crown against all forreigne power & authority, if {illeg} we shall in any respect diminish ye security of the \crown &/ nation against their own being enslaved to ye authority of ye Bp of Rome, we shall be no truer to \these/ or oaths then a Dutchman would be to his who should one day cut ye banks sweare to do his utmost endeavour to keep out ye sea & ye next day cut ye banks wth his own hands. I know not whether some here have \unadvisedly/ promised any thing in these matters, I would re contrary to ye intent of his oaths, I would remind him that his oa such promises are not binding.


To comprise in an Act for libty of Consc. what relates to ye freedom & in another Act, wt relates to ye Government.

To settle every thing by severe penalties.

To describe ye Church of England not by ye name of ye Church of England but by ye 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 ye legal election of Parliamts least there be the same means used for getting of these {illeg} Acts as has been now for getting off ye former.

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

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

To secure

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Professor Rob Iliffe
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