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all his actions to be according to the law, yet is he not bound thereto but of his good will, and for good example-giving to his subjects... So as I have already said, a good king, though he be above the law, will subject and frame his actions thereto, for example's sake to his subjects, and of his own free will, but not as subject or bound thereto....

(Law of Free Monarchies in Works of James I., p. 202, ed. cit.)

151. The Millenary Petition
(1603)

Church History, Fuller

While James I. was journeying to London to take his place on the English throne, the Puritan clergy presented to him the paper known to us as the Millenary Petition. This document received its name from the number of signatures supposed to be attached thereto, although it is doubtful if it was signed at all. The petition prayed for “a reformation in the church service, ministry, livings, and discipline." The petition led to the Hampton Court Conference, in which James declared his adherence to the Episcopal form of church government as carried out by the Anglican Church.

THE HUMBLE PETITION OF THE MINISTERS OF THE CHURCH OF ENGLAND DESIRING REFORMATION OF CERTAIN CEREMONIES AND ABUSES OF THE CHURCH

To the most Christian and excellent prince, our gracious and dread Sovereign, James, by the grace of God, etc., we, the ministers of the Church of England that desire reformation, wish a long, prosperous and happy reign over us in this life, and in the next everlasting salvation.

Most gracious and dread Sovereign, seeing it hath pleased the Divine Majesty, to the great comfort of all good Christians, to advance your Highness, according to your just title, to the peaceable government of this church and commonwealth of England, we, the ministers of the gospel in this land, neither as factious men affecting a popular parity in the church nor as schismatics aiming at the dissolution of the state ecclesiastical, but as the faithful servants of Christ and loyal subjects to your Majesty, desiring and longing for the redress of divers abuses of the church, could do no less in our obedience to God, service to your Majesty, love to his church, than acquaint your princely Majesty with our particular griefs. For, as your princely pen writeth, "The King as a good physician must first know what peccant humours his patient naturally is most subject unto before he can begin

his cure. And although divers of us that sue for reformation have formerly in respect of the times subscribed to the book, some upon protestation, some upon exposition given them, some with condition, rather than the church should have been deprived of their labour and ministry, yet now we, to the number of more than a thousand of your Majesty's subjects and ministers, all groaning as under a burthen of human rites and ceremonies, do with one joint consent humble ourselves at your Majesty's feet, to be eased and relieved in this behalf. Our humble suit then unto your Majesty is, that [of] these offences following, some may be removed, some amended, some qualified:

common

I. In the church service: - That the cross in baptism, interrogatories ministered to infants, confirmation, as superfluous, may be taken away. Baptism not to be ministered by women, and so explained. The cap and surplice not

urged. That examination may go before the communion. That it be ministered with a sermon. That divers terms of priests and absolution and some other used, with the ring in marriage, and other such like in the book may be corrected. The longsomeness of service abridged. Church songs, and music moderated to better edification. That the Lord's day be not profaned: the rest upon holy-days not so strictly urged. That there may be an uniformity of doctrine prescribed. No popish opinion to be any more taught or defended: no ministers charged to teach their people to bow at the name of Jesus. That the canonical scriptures only be read in the church.

II. Concerning church ministers: — That none hereafter be admitted into the ministry but able and sufficient men, and those to preach diligently, and especially upon the Lord's day. That such as be already entered and cannot preach may either be removed and some charitable course taken with them for their relief, or else to be forced, according to the value of their livings, to maintain preachers. That nonresidency be not permitted. That King Edward's statute for the lawfulness of ministers' marriage be revived. That ministers be not urged to subscribe but according to the law to the Articles of Religion and the King's supremacy only.

III. For church living and maintenance: — That bishops leave their commendams, some holding prebends, some parsonages, some vicarages, with their bishoprics. That doublebeneficed men be not suffered to hold some two, some three

benefices with cure, and some two, three or four dignities besides. That impropriations annexed to bishoprics and colleges be demised only to the preachers incumbents for the old rent. That the impropriations of layman's fees may be charged with a sixth or seventh part of the worth, to the maintenance of the preaching minister.

IV. For church discipline:- That the discipline and excommunication may be administered according to Christ's own institution, or at least that enormities may be redressed; as, namely, that excommunication come not forth under the name of lay persons, chancellors, officials, etc. That men be not excommunicated for trifles and twelve-penny matters; that none be excommunicated without consent of his pastor. That the officers be not suffered to extort unreasonable fees. That none having jurisdiction or registers' places put out the same to farm. That divers popish canons (as for restraint of marriage at certain times) be reversed. That the longsomeness of suits in ecclesiastical courts, which hang sometimes two, three, four, five, six or seven years, may be restrained. That the oath ex officio, whereby men are forced to accuse themselves, be more sparingly used. That licences for marriage without banns asked be more cautiously granted.

These, with such other abuses yet remaining and practised in the Church of England, we are able to show not to be agreeable to the Scriptures, if it shall please your Highness further to hear us, or more at large by writing to be informed, or by conference among the learned to be resolved. And yet we doubt not but that without any further process your Majesty of whose Christian judgment we have received so good a taste already is able of yourself to judge of the equity of this cause. God, we trust, hath appointed your Highness our physician to heal these diseases. And we say with Mordecai to Hester, "Who knoweth whether you are come to the kingdom for such a time?" Thus your Majesty shall do that which we are persuaded shall be acceptable to God, honourable to your Majesty in all succeeding ages, profitable to his church, which shall be thereby increased, comfortable to your ministers, who shall be no more suspended, silenced, disgraced, imprisoned for men's traditions, and prejudicial to none but to those that seek their own quiet, credit and profit in the world. Thus with all dutiful submission referring ourselves to your Majesty's pleasure for your gracious answer as God shall direct

you, we most humbly recommend your Highness to the Divine Majesty, whom we beseech for Christ his sake to dispose your royal heart to do herein what shall be to his glory, the good of his church, and your endless comfort.

Your Majesty's most humble subjects, the ministers of the gospel, that desire, not a disorderly innovation, but a due and godly reformation.

(The Church History of Britain, from the Birth of Jesus Christ until the year 162, ed. T. Fuller, 3rd Ed., Lond. 1842, vol. III, p.193.)

152. Levying a Feudal Aid

(1612)

Fadera, Rymer

Even in the seventeenth century, the feudal dues continued to be an important source of the royal revenue, and so continued until abolished in 1660 by the statute of 12 Car. II, c. 24. The directions, given below, for the levying of an aid in 1612 should be compared with those given in the reign of Richard I. (No. 65.)

Whereas our eldest daughter Elizabeth hath long since accomplished the age of seven years, by reason whereof there is due unto us by the laws and statutes of this our realm of England reasonable aid to be had and levied of all our immediate tenants by knight's service and in soccage for her marriage: These are therefore to will and require you our Chancellor to cause to be made and sealed under our great seal of England as well several commissions to be directed unto all the counties of this our said realm according to the form of a draught of a commission for that purpose to these presents annexed, as also several commissions for the Cinque Ports and for compounding with all the Lords spiritual and temporal of this our realm and with the masters... and other the heads of houses, halls and colleges of our Universities of Oxford and Cambridge, according to several draughts hereunto likewise annexed, changing such things therein as are to be changed, and to direct them to such commissioners as you with the Lord Privy Seal and our Chancellor of our Exchequer shall name and appoint, returnable at the days of the several draughts prefixed, and the same several commissions to renew to the same commissioners or any others according to your directions as often as need shall require, and also to name and choose any two of the said commissioners in every county respectively to be collectors for the same aid; and these shall be your sufficient warrant in that behalf.

Given under our signet at Woodstock the 30th day of August in the 10th year of our reign of England, France and Ireland, and of Scotland the six and fortieth.

Per ipsum Regem

(Fadera, Rymer, vol. XVI, p. 724.)

153. Benevolences
(1622)

Rushworth's Collections
Cardwell Documents

Edward IV., in 1473, was the first king to mask the forced loans exacted by several of his predecessors and successors as "Benevolences." After his time, though the kings continued to extort loans, or more properly tribute, from their subjects without legal warrant, the extortions were to be "free gifts." The practice was declared illegal by Richard II. in the first year of his reign, yet in the second it was made use of. The extortion of Benevolences was practised by the Tudors, and under the Stuarts it became a crying abuse, which the express prohibition contained in the Petition of Right did not overcome, for in 1661 a limited Benevolence was authorized by Parliament. To this, however, was attached the condition that in future the exaction of these Benevolences was to be under the absolute control of Parliament instead of the king. The following letters are extremely illuminating: (A) the form that was sent to the Justices of the Courts at Westminster and to the Barons of the Exchequer as well as to civil officials was with the addition of (B) sent by the Archbishop of Canterbury and the greater ecclesiastics generally on receipt of letters from the king requiring contributions from ecclesiastics.

(A) ... What endeavours his Majesty hath used by treaty and by all fair and amiable ways to recover the patrimony of his children in Germany, now for the most part withholden from them by force, is not unknown to all his loving subjects, since his Majesty was pleased to communicate to them in Parliament his whole proceedings in that business: of which treaty, being of late frustrate, he was enforced to take other resolutions, namely, to recover that by the sword which by other means he saw no likelihood to compass. For which purpose it was expected by his Majesty that his people in Parliament would (in a cause so nearly concerning his and his children's interest) have cheerfully contributed thereunto. But the same unfortunately failing, his Majesty is constrained, in a case of so great necessity, to try the dutiful affections of his loving subjects in another way, as his predecessors have done in former times, by propounding unto them a voluntary contribution. And therefore, as yourselves have already given a liberal and worthy example (which his Majesty doth take in very gracious part), so his pleasure is,

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