their general exception The next is against the Ceremonies of this Church and of the Common-prayer Book in particular Of the Ceremonies in partic Against which they except these things First that they are not established by Law Secondly that they are superstitious Thirdly that they are scandalous Fourthly that they have been occasions of persecution Fifthly they are burdensom for their number And lastly even by the consequence of the Article 34. of the 2. Homilie of the time and place of Prayer by the very Preface of the Common-prayer Book it self and also the practice of the Bishops they ought to be removed Touching the first that they are not established they endeavour to prove first generally in that the Common-prayer Book is not established secondly particularly because of the Book of 2. and 5 6 Ed. 6. and the Act of Uniformity of Common-prayer Touching the first that they are not established In the Answ to the sixth gen Except because the Common-prayer Book is not established hath been answered above Touching the particular proof here the Brethren do prevaricate not unpalpably and very undutifully traduce Qu. Eliz. and the Parliament that established the Book of Common Prayer P. 34. For first they say that However the Rubrick before the Book of Common-prayer printed in 1 Eliz. directeth to use such Ornaments as were in use in 2 Edw. 6. Ornaments of service yet that is no part of the Book of Common-prayer which the Parliament of 1 Eliz. established because the Book of 5. 6 Edw. 6. hath no such Rubrick or direction and that Act of 1 Eliz. for Uniformity of Common-prayer injoyns all things to be done according to the Book of 5 6 Edw. 6. and none other nor otherwise therefore nothing according to the Book of 2 Edw. 6. which yet * P. 39. afterward they say is good Law So that they make that Parliament very weak and inconsiderate men Answ and indeed meer C. Combs if that word might be used in reference to so awfull an Assembly that what they appointed in the very entrance of the Book by Rubr. they would establish they did by the Act immediately overthrow They appoint such Ornaments in the Book unto the Minister in Divine Service as was in use by Act of Parliament in the second year of Ed. 6. And in the Act they conform the Prayer-book unto that of 5 6. Ed. 6. and none other or otherwise As if the former were not an Exception and a Provâ—so also in the Act it self Act for Uniformity prope sinem Provided alwayes sayes the Act and be it enacted that such Ornaments of the Church and of the Ministers thereof shall be received and be in use as were in the Church of England by the Authority of Parliament in the second year of the Reign of King Edw. 6. untill other order shall be therein taken note by the Authority of the Queens Majesty Note with the advice of her Commissioners appointed and authorised under the Great Seal of England for Causes Ecclesiastical or of the Metropolitane of this Realm Which latter clause of the Act yields a farther Answer to the Breth viz. that if those Ornaments were not otherwise established either by the Act or by the Liturgie yet by this Act Other Ceremonies if they be established by the Queen and her Commissioners and so by the following Princes Q. hath power to ordain Ceremon Rites and Orders Ecclesiastical it is sufficient The like may be said for Ceremonies Rites and Orders appointed by the Book That Act immediately after the former words subjoyning And also that if there shall happen any contempt or irreverence to be used in the Ceremonies or Rites of the Church by the misusing of the Orders appointed in this Book the Queens Majesty may by the like advice of the said Commissioners or Metropolitane ordain and publish such further Ceremonies or Rites as may be most for the advancement of Gods glory the edifying of his Church and the due reverence of Christs holy Mysteries and Sacraments So that here is establishment enough Next they would prove that the Ceremonies in the Common-prayer Book for of those they are speaking are not established by Law Pag. 38. because the Common-prayer Book of 2 Edw. 6. is in some things referred to And particularly as to Ornaments and Rites both by the Rubrick before Common-prayer in the present Liturgy and by the Statute of 1 Eliz. 2. So that as to this point vâ—z of Ornaments and Rites which they named and as to Ceremonies for of those they are speaking and instance in them presently so much of that Book is still in force by Law But that Book hath expresly given a liberty in some of the things here desired to be no further imposed where in the last page thereof called Certain Notes for the more plain Explication and decent Ministration of things contained therein it saith As touching kneeling crossing holding up of hands knocking upon the breast and other gestures they may be used or left as every mans devotion serveth without blame This say the Brethren is still good Law c. wherein they do as well falsifie as prevaricate for neither the Rubrick before the Common-prayer nor the Act for Uniformity do name Ornaments and Rites as the Brethren recite the words but Ornaments only Now the word Rites comprehends the Ceremonies also which are not referred to in this Act but bounded in the Book it self and further liberty given to the Queen about them as we saw above out of the Act. Again they prevaricate for they know it was far from the meaning of that Rubrick they quote in 2 Ed. 6. when it names kneeling crossing and other gestures as things indifferent to be done or left according to every mans devotion Far it was from them to intend the Crosse in Baptism or the kneeling at the Communion or other gesturâ—s establisht in that very Book and by Act of Parliament and the latter whereof they explain by Rubrick in the Book of 5 6. Edw. 6. But the Brethren know they meant these words of such other Crossings and Kneelings and gestures which were many in those times not appointed by the Book So much for the â—stablishment The next is they are superstitious Superstitious Thirdly scandalous Both which have been replyed to above to which I referre for brevities sake only because this Tract is growen farre beyond what I intended The fourth is they have been occasions of persecution to manâ— able and godly peaceable Miniâ—teâ—s and sober Christians With reference to what hath been said above I add Pâ—â—â—â—â—ble Ministâ—â—s first Touching the Ministers that peacâ—â—ble they are not if like the Brethren Who first endâ—avour to enflame the people as well as Parliament and then to cast questions of difference between the King and Parliament â—ag â—â—â— â—â—â—r â— about Prerogative â— as they not obscurely do by quarrellâ—ng the validity of the
But all this so as that no Article of the Confession no point of Doctrine no part of Worship is altered And yet the Brethren have raised such a hue and cry as if the later Bishops yea and Princes not excepting Queen Elizabeth had a design to corrupt the Articles to poison the Worship to impose unestablished things upon the conscience and liberty of the Subject and to punish men for disobedience thereunto As if all Religion were pessundated and Omnia in pejus ruere retro subâ—apsa referri All goes to ruine Thames to Tyber flows Th' Assembly to a Convocation grows As if as Pauls by the Brethrens fautors so the whole Church were like to be an Augaean Stable Well spake Tertullian of their fathers Prescript adv Heres non longè ab initio Scripturas obtendunt hac suâ audacia statim quosdam movent in ipso verò congressu firmos quidem fatigant infirmos capiunt medios cum scrupulo dimittunt They pretend Scripture saith he and by this their confidence they presently move some In disputation they trouble those that are strong they take the weak and send away the middle sort with doubting I conclude that notwithstanding the exceptions of the Brethren the Common-prayer-book as well as the Articles Act for uniformity of Com. prayer is established by Act of Parliament And that therefore If any manner of Parson Vicar or other whatsoever Minister shall preach declare or speak any thing in the derogation or depraving of the said faid Book or any thing therein contained or any part thereof and shall be thereof lawfully convicted shall forfeit c. I have done with the second Head of Objections viz. The establishing of the Liturgy and Worship Subsect 3. Discipline established Object I Come to that against the third the Discipline which they say is not established neither The discipline not establish'd They instance in the Episcopal Courts and Canons the first whereof is Jurisdiction Now the Bishops are of age Answ let them speak for themselves One of them Arch-bishop Whitgift against T. Cartwright Bishops Courts Lord Cant. speech at the censure of Dr. Bastwick c. in the Preface and the greatest in his time doth acknowledge That they exercise their jurisdiction in their Courts by vertue of the Laws and Commissions Royal onely The next in the same rank goes farther and upon occasion of such calumny makes it his suit unto the King and I do humbly in the Churches name desire your Majesty that it may be resolved by all the reverend Judges of England and then published by your Majesty that our keeping Courts and issuing Process in our own names and the like exceptions * Namely by T. Cartwright and others formerly taken and now renewed are not against the Laws of this Realm as 't is most certain they are not Thus far he What can indifferent men desire more then an appeal to all the legal Interpreters the Judges of that Law which they are said to violate and to the supreme Judge and spring-head thereof the King This for their Courts The Canons of the Church K. James As for the Canons Because the King-craft of that Prince which did confirm them as himself calls it is herein question'd as if he understood not what did touch his own prerogative and the Laws for he by his Authority under the Broad Seal confirmed those Canons I shall not take upon me the vindicatâ—on of so great a Person seeing he hath a Grandson and Successor our present Soveraign to do it for him at whose feet and the Laws I shall let that lie the rather because that point is like very shortly to be determined by publick authority So much for Discipline Subsect 4. Of Government Episcopal THe last is Government Episcopal namely and here 25 Edw. 3. Ann. 1350. Necessity of Reform p. 40. illis adhaeret aqua Themselves acknowledge and cite the Act saying That whereas the holy Church of England was FOVNDED in the estate of PRELACY within the said Realm of England by the said Grandfather Edw. 1. and his Progenitors and the Earls and other Nobles of his said Realm and their Ancestors to inform them and the people in the Law of God c. This then is granted to be according to the constitutions of this Nation Legal which is moreover known to all by this That all Acts of Parliament since that foundation have given the precedency of Baronship unto the Bishops the form usually being The Kings Majesty with the assent of the Lords Spiritual and Temporal Object doth enact c. Nay but though Episcopacy was established by Law 17 Car. cap. 1. Office of Episcopacy ceased yet it is not so now For the Act of 17 Car. 1.11 repeating the clause of the Act of 1 Eliz. 1. which instals the Queen and her Successors with power of Ecclesiastical jurisdiction the onely ground of the Bishops authority and jurisdiction Reasons for necessity of Reform p. 51 52 53. and repealing that clause did besides the taking away their Votes in Parliament take also away their power authority and jurisdiction and so the very office it self of Episcopacy whereupon the Ordinance of Lords and Commons makes all their grants void since 17 Car. 1. because then their Office expired Answ 1 For answer first in general That it was neither in the purpose nor to speak as the thing is in the power with due observance be it uttered of either Parliament or Prince to take away the powers which are essential and unseparable from the Crown and Office of a King which we see of right to have belonged and with praise to have been executed not onely in the Scripture both by Jewish and Heathenish Princes as by Nebuchadnezzar by Cyrus Dan. 3.29 Ezr. 6. Jon. 2. by Darius by the King of Ninive c. as well as by David Jehosophat Hezekiah and Josiah but also in the primitive Church by Constantine and Answ 2 others after him Besides we may not conceive the Parliament intended to countervene an express Article of the Confession of this Church Artic. 37. of the Civil Magistrate which having named the Queens Majesty saith Unto whom the chief government of all estates of this Realm whether they be Ecclesiastical or Civil in all causes doth appertain That prerogative which we see to have been given always to all godly Princes in holy Scripture by God himself And in particular that it was not the Answ 3 purpose of the King or the two Houses as then they were to take away the office and ordinary jurisdiction of Episcopacy appears evidently in that the King he asserts it to be a main cause of the war Ei kâ—â— Basilic Med. 9. and of his own calamity for that he would not consent thereunto How oft saith the King was the business of the Bishops injoying their antient places Bishops Votes in Parliam and undoubted privileges in the
sure that it is not there in any point condemned of Heresie unless it be of the ANABAPTISTS as it is here And I do not think but there be some as well there as in England and it is like enough that SUCH do finde fault with it Who are offended with the Liturgy Dr. Martin Nay even of Mr. Cox himself and other that were Preachers in King Edwards time they have disproved your * This Book established 5 6. Edw. 6. was re-established 1. Eliz. with two or three alterations and is that we now use as was proved above The Alterations are in the Act prefixed before the Service-Book second Book in divers points and have now made a third Book how say you which of these three Books will you allow now Careless Forsooth I say still as I have written that the second Book is good and godly and IN ALL POINTS agreeing to the Word of God and I am sure that neither Master Cox nor any other of our godly Preachers that be fled unto Frankford have condemned that Book IN ANY POINT as repugnant to the Word of God though perchance they have altered something therein according to the usage of that Country where now they are And I have not denied in my Articles but the Church of Christ hath power and authority to enlarge or diminish any thing in the same GOOD BOOK so far forth as it is agreeable to the Scriptures D. Martin But what authority have you or how durst you bee so bold to make an Article of the Faith concerning that Book to be beleeved of all men under pain of damnation Carelesse Ah Master Doctor have I bound any man to beleeve that Article under pain of damnation as you do charge mee I am sure there is no such word in all my Articles I have there written what I hold and beleeve my self as I am bound to do in conscience And now I will add thus much more That the same Book which is so consonant and agreeable to the Word of God ☞ Nore in the fear of God and consider being set forth by Common Authority both of the Kings Majesty that is dead and the whole Parliament House ought not to be despised by mee or any other private man under pain of Gods high displeasure and DAMNATION except they repent 2. Concerning Monarchy and that of this Nation * The Testimony of Mr. Sam. Ward sometime the famous Preacher of Ipswitch the Author of several elegant and useful pieces Hoc enim mihi ratum indubitatum semper fuit hoc semper cum Politicis Theologis gravissimis sensi palum apud omnes professus sum Monarchiam haereditariam sub qua mihi vitales auras feliciter haurine bonis omnimodis frui piè tranquillè degere contigit esse omnium quotquot extant aut excogitari possunt regiminum formae longè multumque praestantissimam utilissimam laudatissimam Cui me ex animo favere ille novit qui perscrutatur renes meos c. i. e. This hath alwaies been with mee a certain and undoubted maxime In his Preface to King Charls the first prefixed before his Treatise in Latine of the Load-stone dedicated unto him intituled Magnetis Reductorium this alwaies with the best States-men and Divines I have ever concluded and openly among all men professed viz. That a Monarchical Government hereditary under which providence hath so ordered that I have drawn my vital breath enjoyed many comforts have had the opportunity to live godly and quietly is of all Governments which are or can be divised by many degrees the best the most beneficial and most commendable to which that I am from my heart a well-wisher hee knows that searches my reins and my heart said that Author Dr. Sanderson the now Right Reverend Bishop of Lincoln in his late treatise intituled Episcopacy not prejudicial to Regal Power as established by Law in the Postscript Lastly Concerning the Divine Right of Episcopacy Though from one in that function yet because it derives it higher and founds it somewhat deeper more solidly and also briefer than is usually done deserves more special notice His words are My opinion is that Episcopal Government is not to bee derived meerly from Apostolical practice or Institution But that it is originally founded in the person and office of the Messias our Blessed Lord JESUS CHRIST who being sent by his heavenly Father to bee the great Apostle Heb. 3.1 Bishop and Pastor 1 Pet. 2.25 of his Church and annointed to that office immediately after his Baptism by JOHN with power and the Holy Ghost Act. 10.37 8. descending then upon him in a bodily shape Luke 3.22 did afterward before his ascension into Heaven send and impower his holy Apostles giving them the Holy Ghost likewise as his Father had given him John 20.21 to execute the same Apostolical Episcopal and Pastoral office for the ordering and governing of his Church until his coming again and so the same office to continue in them and their Successors unto the end of the world Mat. 28.18 20. This I take to be so clear from these and other like Texts of Scripture that if they shall bee diligently compared together both between themselves and with the following practice of all the Churches of Christ as well in the Apostles times as in the purest and Primitive times nearest thereunto there will bee left little cause why any man should doubt thereof Thus that Reverend Author II. Certain other Examples of Retractations In the next place other Instances of Retractations and repentings Beda prefat in Retract suas in Actor Apostol Tom. 6. Cujus Augustini industriam nobis quoque pro modulo nostro placuit imitari Nunc in idem volumen Actor Apostolic brevem Retractationis libellum condamus studio maximè vel addendi quae minus dicta vel emendandi quae socus quam placuit dicta videbantur The ingenuity and industry of St. Austin in his Retractations it is my purpose in my small measure to imitate also Now therefore let us compile a brief Treatise of Retractations with this intent especially either of adding those things which were not sufficiently expressed or of amending those that were expressed otherwise than did seem convenient saith venerable Bede Again For my part saith another though a late Author yet one of good note Good Reader Mr. Whately in his Bride-Bush in his advertisement to the Reader I account it no shame to confess and revoke an errour and will therefore do it plainly and without circumstance Then hee closes with this honest and Austin-like expression viz. From him that had rather confess his own error than make thee erre for company The like whereunto wee heard above out of that Father And Dr. Bishop Brownriggs sentence concerning Retractations Related by Dr. Gauden the now very Rev. Bishop of Excester his successon Brownrigge the late most worthy Bishop of Excester would say that Hee
resentment of the premises and which hath wrought this repentance may never be repented of nor that there ever be cause that I retract these retractations Amen Yea there may be those who having lost me may by some artifice effect that I shall lose those whom they think I now intend to win that so being by both deserted I might be ruined But God who sees their plots and my plainness in this affair will I hope disappoint them But if he shall for his glory and my further mortification permit them I hope my suffering shall be like that of Mephibosheth for even David may be abused by a treacherous Ziba for my Loyalty 2 Sam. 19.27 1 King 2. not like that of Shimei for my Apostacy And that I shall never prove either * Qui Sacr. libros tradebancâ— ethnicis Traditor or Proditor false to this Church or faithless to my Country Quia qui in pace militibus suis futuram praenunciat pugnâ—m dabit militantibus in congressione victâ—riam Because he that hath warned his Souldiers of the approaching Battel Cypr. Epist 2. l. 1. will also in the conflict assist to victory And I may give them this taste of my spirit and his grace That whereas upon his Majesties return by prayer I was often importuned to ask and assured to have I wilingâ—y let slip the season that I might evidence I did not follow Christ for the Lâ—eaves nor the King for a Living As also that I might by the publishing this being not onely my retractation but confession also of my faith clearly be known and so no error personae or ignorantia facti be complained of afterward Besides Providence hath so disposed in outward matters that I may in the state I am perhaps not uncomfortably subsist without much addition Sect. 6. Proof that the Author went no further Now for close and confirmation that my lapse was not so exorbitant through the mercy of God as to my principles in either of the former causes I shall subjoyn a passage touching each out of those my actings which were most eminent in these particulars and first for the War Serm. on Judg 5.23 Jun 19 1642. at Trin. Ch. in Camb. Prov. 19. In that Discourse wherein I gave Answer in the University unto Dr. Feams Book at its first appearance there are these words Object 3. But the King forbids this help viz. by the War and commands the contrary Now where the word of a King is there is power and his wrath is as the roaring of a Lion Eccles 8. Ibid. And I counsel thee obey the Kings commandment and that because of the Oath of God vers 4. Rom. 13. And who shall say to the King What dost thou And He that resists resists the Ordinance of God c. Answ We are not to take notice of the Kings commands as they look upon the publick but by his Laws which are his deliberate will and by those whom the Law hath appointed interpreters of it And then indeed when a King comes in his Laws he is more than a man for he is the Minister of God and whosoever resists resists the Ordinance of God and he that resists shall receive to himself damnation Object 4. But the King saith He proceeded according to Law who shall judge Resp The same body rightly gathered that made the Law i. e. the Common-wealth can best judge of its own meaning And seeing Law is not declared by the King but in his Courts and the higher Court being that of Parliament we are to rest in their declaration unless we see manifestly to the contrary By which passage it doth appear that there was this especially that did misguide me viz. The misapplication of some true principles First That the Law of Nature allowing self-preservation to a Nation as well as a Man it might be endeavoured in case of necessity as to particular Laws illegally Which is untrue Rom. 3. for We must not do evil that good may come thereof Secondly That the King being always to be obey'd in his Laws declared in his Courts and the Parliament being the highest Court therefore what the two H. H. did declare to be Law was so wherein there was a doubble mistake 1. That the two Houses were the Parliament in exclusion of and opposition to the King that I say not a lesser part for number of Lords and Commons though enough in formality of Law 2. That it was Law which they declared to be so See the Declaration of 2 H. H. Novemb 2. 1642. in answer to that of the Kings May 26. pag. 22. though no Law was shewed but a sentence out of Bracton who wrote in Hen. 3. in the time of the Barons Wars and who in another place hath the clean contrary as shall appear and it may be a sentence or two out of some other private Lawyer against the constant sentence of Lawyers and the known practice of the Law and Parliaments This for the War that I might shew that Law the Authority of Parliament mistaken and no private headiness did transport me Next for Independency In the Tract I published on that Argument Vindiciae Catholicae cap. 1. p. 3. there is this passage Now the scope of this Treatise is not to unfasten the ground of all Church-combination and to lay a foundation for absolute Independency The conveniency and sometime the necessity of Classes and Synods for direction and determination and that by Divine Authority is freely acknowledged though no with power properly Juridical yea I add that Episcopacy it self was and might be maintained as also Presbytery if confined to a particular Church and not subjected to Superior Ecclesiastical power which was the most antient way of it might both consist together in a particular one Again The violation of Parochial limits oft-times manifestly prejudicial to edification yet am not I for the drawing of any godly able pag. 69. and faithful Ministers people from him who is for the substance of Reformation though with many defects in lesser things Again But this is not their my own and some others opinion pag. 79. that it is essentially requisite to the being of a visible Church that it meet in one place they hold it de benè esse for conveniency not absolutely necessary From which passages it is evident first That not such an Independency as some practised was pleaded for but such as might agree not with Presbytery onely but with Episcopacy and not onely with a Parochial Church or the Church of a City but such as might agree with a Nation also As indeed the Church of England and other National Churches are independent as to right of Jurisdiction from all other Churches There being no such thing in re as an universal Visible governing Church as I have I think evinced in the Treatise above mentioned but every expression in that passage I own not But to conclude I repeat that of Bucer
the Ecclesiastical Concerning the first 1. In the Civil Controversie I closed with the one party in the civil contest for these causes whereof the one is General and Privative the other Positive and Particular The former was the grieving or resisting the Spirit of God from whom I received no small concussion about this matter especially at the coming forth of * The resolving of conscience c. Edit Cambr. 1642. Dr. Fearn's first book in opposition to the Lords and Commons in their taking up Arms against the King The authority of Scripture there urged unto which God had given me ever to bear an awful reverence the Spirit setting it on exercised me more than all his arguments But 1 being in heart enclined unto the good things the other side proposed to be contended for and 2 judging his reasons might all be answered and 3 apprehending it much concerned the cause of God and of his servants and 4 my own reputation also being pre-engaged 5 and lastly my place seeming to call for it I holding then the publick Lecture in Cambridge I took all the former reluctancy of spirit to be onely a temptation and accordingly resolved to reply On Judg. 5.23 on which Mr. St. M. had preached before of whose notions that I know of I made no use Mr. J. B. which I did the next Lords day after the publishing of that Book wherein I answered all that seemed material in that Book and so answered it That some who were of the other judgment were pleased to say that so bad a cause could not be better pleaded Upon this I was sollicited to the publishing of my Answer But coming to London and finding another had done it before but especially my spirit working too and fro betwixt resolution and fear I did suppress it But that of Zachary hath been fulfilled in me since In that day the Prophets shall be ashamed Zach. 13.5 every one of his vision when he hath prophesied And blessed be God who hath verified another also towards me viz. Thou shalt hear a voice behind thee saying Isa 30.21 This is the way walk in it when thou turnest to the right-hand and when thou turnest to the left And blessed be his Name that although I have been a rebellious child as it is in the first verse of that chapter that would not take counsel of him nor cover with the covering of his spirit yet he hath not cast me away from his presence Psal 51.11 nor taken his holy Spirit from me Deliver me from bloods O Lord thou God of my salvation A Prayer and my tongue shall sing aloud of thy righteousness The sacrifice of God is a broken spirit a broken and contrite heart O God thou wilt not despise And Vphold me O Lord with thy spirit then will I teach sinners thy ways and transgressors shall be converted unto thee Lastly Do good in thy good pleasure unto Sion build thou the walls of Jerusalem then shall they offer young bullocks upon thine altar Amen Sed irrideant nos fortes potentes Aug. confess l. 4. c. 1. nos autem infirmi inopes confiteamur tibi But let great and oveâ—-grown spirits laugh at this let us that are infirm and poor in heart confess to thee Tota palea areae ipsius irridet eum Aug. in Ps 21. in Prefat in Expos 2. gemit triticum irrideri dominum All the chaff of Christs own floor laughs at him and the good corn laments its Lords derision Thus of the general and privative cause SECT II. Particular Motives 2. THe particular follow and they were such as these 1. 1. Propounded The excellency and necessity of the things held forth to be contended for the Laws namely and the Liberties of the Nation and that which made them both most precious Religion Protestant by them established and secured 2. Next the credit that I gave unto the persons that did propound them both for their ability and for their faithfulness 3. A third was the awful opinion that I conceived of the power and authority of that place from which they seem'd to issue to wit the Parliament 4. That the exigences being such there was a virtual bond by all Laws to use remedies that were not usual 5. and lastly That examples of the like had been in Scripture among the Jews in the Primitive Church the former against Antiochus by the Maccabees the latter of the Christians against Maximinus Also in the Reformed Churches as the French Holland Scottish and owned by our former Princes and then present King defended also by our own Divines and Bishops as Jewel Abbot Bilson c. 2. Replies unto them But all these and such like as applyed to our case being put into the ballance of the Sanctuary in my eye seem much too light As touching the first my opinion and veneration of the Protestant Religion 1. Religion the Laws and Liberties of the Nation I hope is greater now than it was as I know them somewhat better But touching Religion to be defended by Arms especially of Subjects well spake the Dantzikers A notable speech of the Dantzikeâ—s in their material Letter to the Duke of Croy exhorting them to the like May 27. 1656. Evidently it doth appear say they how much the Roman-Catholicks are incensed through this war and that from thence no small persecutions yea the greatest danger may befall the Reformed Churches Vid. Mercurius Politicus Jul. 3. 1656. if God do not prevent it in his mercy We do confidently believe that no body can think or impute it to us as if God took pleasure in Apostates and Hypocrites and as if he would have Religion promoted in casting off the lawful Magistrate Note and in the slender esteem of a well grounded government Call to mind how at all times by Warrs the spirits of men grow more barbarous and inhumane Note and how the wars for Religion use commonly to extinguish Religion Thus they Note Now I call God to witness upon my soul that the sense of the dishonor done unto the Protestant Religion 2 Cor. 1. working upon my heart hath been one main occasion of further examining the grounds of those transactions and of altering my thoughts Homil. of disobedience part 4. pag. 300. And particularly one passage in the doctrine of this Protestant Church expressed in the Homily of disobedience did much affect me of which anon This for Religion 2. Then for the Laws and Liberties seeing first 2. Laws and Liberties that both Houses of Lords and Commons in all their solemn addresses to the King and that in Parliament and as such a Parliamentary body 1. Style of the H. H. do usually style themselves thus Your Majesties most humble and loyal subjects the Lords and Commons in Parliament assembled In that Remonstrance which the King saith Kings Declaration Aug. 12. 1642. Remonstr of the State of
the Kingdom Dec. 15. 1642. was the fountain of all the following mischiefs The very first line is Your Majesties most humble and loyal subjects the Lords and Commons in Parliament assembled Next the Oathes of Allegiance and Supremacy do declare That the Kings Majesty is the onely Supream Governor of this Realm over all persons and in all causes 2. Oathes of Supremacy and Allegiance 3 Eliz. cap. 1. Kings Answer to the Remonstrance of May 26. 1642. Remonstr of Lords and Commons Nov. 2. 1642. Ecclesiastical and Temporal and of all other his Dominions and Countries Yea and every Parliament-man before he can sit is bound by Law to swear them Now this is not answered in my judgment by a saying out of a Private * Fleta lib. 1. cap. 17. de justitiariis substituendis Lawyer that Rex habet in populo regendo superiores legem per quam factus est curiam suam videlicet Comites Barones And by that other that Rex est major singulis but minor universis For the former Author hath that sentence and words out of Bracton who hath several times also the quite contrary as shall appear Again It is against the tenor and current of Law and Lawyers and the known practise of the Nation Thirdly It may bear an other interpretation namely understanding the Law either of God who makes Kings Prov. 8. or of men made with the Kings consent whereunto he hath voluntarily obliged himself from which at first he might be free And by the superiority of his Court their legal jurisdiction conferred on them by his approbation for decision of ordinary controversies that may fall betwixt himself and his Subjects but not simply his superiors first because he calls it His Court now the owner is greater than the thing owned as such Again else the Earls and Barons were the superior power to the King Fourthly This refers not at all to the House of Commons whereof neither Fleta nor his Author Bracton in this sentence make any mention Again secondly the Oathes of Supremacy and Allegiance and the style the Parliament speak in of his Majesties loyal and humble subjects the Lords and Commons assembled in Parliament Remonstr Nov. 2. 1642. are not answered by saying that this of supream head and governor over all persons Object in all causes is meant of singular persons rather than of Courts or of the collective Body of the whole Kingdom And that it is meant in Curia not in Camera in his Courts not in his private Capacity and properly onely in his high Court of Parliament wherein and wherewith his Majesty hath supream Power For first Answ 1 The Oathes speak comprehensively both of Persons and Causes over all and in all So again the style of humble and obedient subjects is spoken as from them as the two Houses of Parliament for so they say assembled in Parliament Now if Subjects then and there sure Soveraigns or associates in Soveraignty they cannot be the terms in the same respect are contradictory Thirdly If the King be acknowledged to be the fountain of justice as the Law and Lawyers say he is of which anon then both Laws and Courts flow from him and thence are called his Laws his Courts and so ordine naturae dignitatis both in nature and dignity must be before and above both His splendor is in his Courts but his Supremacy not onely there but in his person also from whence it was derived to his Courts For there must be a First in nature either the King or his Courts and if they be His Courts then he made them and therefore in esse naturae before them Neither doth it hence follow as is there inferred Object That then the King may over-rule all his Courts Ibid. even the Parliament it self and so the goodly frame of Government should soon be dissolved and Arbitrary power brought in Answ For the King having both consented and sworn to the Laws and to the maintaining the jurisdiction of his Courts acting according to those Laws is not now in that respect sui juris and arbitrary in Government but obliged both to God and man to act by Laws and to preserve his Courts unviolate But if any Court shall assume a greater power than the King and Law hath given them or act in opposition to that power from whom they had their being whilst he doth not openly reject all Laws and Government much less when he doth rationally together with as many or more both of Lords and Commons though excluded the formality of being in such a place judge that he acts according to Law in the main of his proceedings In such case and in such actings they are not such a Court nor are not authorised with power from above but act excentrically and as private persons unto whom the Declaration grants the King to be superior As the Army having received Commission from the two Houses of Parliament afterward turned their Arms against them which they could not do by their Commission as also a great fautor of their proceedings since then spake in my hearing God thereby perhaps representing to the Houses by the Army their own failings toward their Superior And the Armies reasoning was on the like principles viz. That they were entrusted with power for the Kingdoms preservation and that the Parliament degenerating they must not see the Kingdom perish Object 3 Neither may it be received that if the Parliament may take account of what is done by his Majesty in his inferiour Courts Ibid. much more of what is done by him without the authority of any Court For to speak properly the Parliament takes account not of the Kings actions or authority in his Courts but of his Officers and of their administration of that authority and this also by the Kings consent established by Law whereby they are enabled so to do Or to speak yet more properly The Parliament that is the King Lords and Commons for the Parliament is not without the King as being the Head of it but without and in opposition unto him and the Laws they do not take such cognizance Again for that saying That they might much more take account of the Kings actions that are done without the authority of any Court meaning the great administration of Justice and the raising of Arms Seeing no Court is superior to its Author the King therefore no Court can give authority to him but he to them nor can they call him to account for then they were his superiors and had the Regal Power and himself should be no King as is expresly affirm'd in Mr. St. John's speech against Ship-mony of which afterward Humbly represent to him they may his miscarriages and punish his Ministers so it may be done without sedition and assuming the Sword which is inseparable from the Supreme Power Lastly How can this be assented unto that because when the Title is dubious Ibid. pag. ult he is
to be accepted for King whom the two Houses declare to be so by the Statute of 11 H. 7. that therefore much more they may judge in the great question what is the best service of the King and Kingdom Whence also it will follow that they have the power of declaring Law in all cases How I say can this be received namely to argue from a power in doubtful cases to a power in cases that are clear in Law and reason or sense Secondly when there is no King actually their power may be more as the wife that hath no husband Thirdly The Declaration of Parliament doth not give the King his title or authority but onely declares recognizeth and acknowledges that he had it before As for those assertions in that Declaration Ibid. viz. That the Soveraign Power resides in the King and both Houses of Parliament That the two Houses are judges superior to all others That the Kings negative voice doth not imply a liberty to deny c. because no Law is produced and that they oppose such as are known as also the practise of Parliament in this Nation conscience is to seek for a foundation of assent unto them It is delivered as Law that the King is the * Mr. Pym's speech at the attainder of the Earl of Straffâ—rd p. 10. Father the Husband of the Common-wealth he is the Head they are the body * Mr. St. Johns speech at the same Attaind p. m. 7. That the Laws are the Kings Laws he is the fountain from whence in their several channels they are derived to the subject * The case of Ship-mony a speech in Parliament Nov. 3. 1640. pag. 12 13. Note That he is the soul of the Law in whose power it is ALONE to execute Law and yet not be constrained thereunto That the Sacred PERSON of the King is INVIOLABLE and subject to no force or compulsion of any other and free from any coercive or vindicative power That this freedom is unsepar ble from the Person of the King because no force can be used but by Superiors or Equals and he that hath Superiors or Equals is no KING Again first The Judges in Calv. case recited by D. Austin Allegiance not impeached cap. 1. That allegiance of the subject is due to the King by the Law of Nature Secondly That the Law of Nature was before any Judicial or Municipal Law as being written from the beginning in mans heart Thirdly That the Law of Nature is immutable Fourthly That this immutable Law of Nature Bractoâ— is a part of the Law of England That Rex in regno parem habere non debet cum par in parem non habeat potestatem multo fortiùs non habeat superiorem The King in his Kingdom ought to have no equal because one equal cannot have power over another much less should he have any superior Object And this is not to be taken with that exposition as above Remonstr Nov. 2. 1642. Serg. Bradshaw at the sentencing hâ—s late Majesty vâ—z That he is major singulis minor universis Greater then any one but less then all For both the Statute is express That this Realm of England hath been accepted for an Empire governed by one supream Head unto whom a body politick compact of all sorts and degrees of People Answ of the Spirituality and Temporality 24 Hen. 8. cap. 12. 4. Declarat of Parliament Proposition in Parliament Apr. 25. 4 Car. propos 5. Rushworth Collect. p. 553. are bound next unto God in a natural obedience As also it is acknowledged in full Parliament First in general by the House of Lords As touching his Majesties Royal Prerogative intrinsecal to his Soveraignty and betrusted him withall from God Ad communem totius populi salutem non ad destructionem That his Majesty would resolve not to use or divert the same to the prejudice of any of his loyal people in the property of their goods or liberty of their persons is prayed by the Lords And in particular by the Commons Most dread Soveraign We your dutiful Commons now assembled in Parliament we think it is a meet and most necessary duty being called by your Majesty to consult and advise of the great and urgent affairs of this Church and Common-wealth Commons Remonstrance against the Duke 4 Car. Anno 1628. Rush Collect. pag. 631. Note finding them at this time in apparent danger of ruine and destruction faithfully and dutifully to inform your Majesty thereof and with bleeding hearts and bended knees to crave your speedy redress therein as to your wisdom unto which we most humbly SUBMIT our selves and our desires shall seem most convenient So then first the Kings prerogative is intrinsecal unto his Soveraignty and betrusted to him by God say the House of Lords And they most humbly submit themselves and their desires to the wisdâ—m of the King say the House of Commons even then when both Church and Common-wealth were in apparent danger of ruine and destruction And to return again unto the judgment of the Sages of the Law the former Author saith That the King is the most excellent * Bract. l. 1. c. 8. Majestas Intemerata pag. 38. Bract. l. 2. de Acquir rer domin c. 24. Stamf. r. 7. 11. Majestas Intemerata p. 32. part of the Common-wealth next unto â—od Again Dominus Rex habet ordinariam jurisdictionem dignitatem potestatem super omnes qui in regno suo sunt Our Lord the King saith the same * Bracton cited by Stamford lib. 2. cap. 2. Reasons of the University of Oxford against the Covenant sect 7. pag. 27. Bracton hath ordinary jurisdiction dignity and power over all which are in his Kingdom And ea quae jurisdictionis sunt pacis ad nullum pertinent nisi ad Coronam dignitatem regiam nec à Coronâ separari possunt And that therefore those things which are annexed to justice and peace belong to none but the Crown and dignity Royal neither can they be separated from the Crown We have heard the testimony of Lawyers yea and of the Law it self the dialect also and speech of Parliament and the judgment of those who have not by the way Dr. Bilson of Subj Rebel Part. 3. ed. Lond. 1586. p. 277. but ex professo handled this argument with the full witness of one of which number and that an eminent one I shall conclude this particular who speaking of the German Wars and of their Laws and ours saith Their States be free and may resist any wrong by the Laws of the Empire The German Emperor is elected and his power abated by the liberties and prerogatives of his Princes The Queen of England inheriteth and hath ONE and the same right over ALL her subjects be they NOBLES or others Now all the fore-mentioned allegations concerning the Person Power and Prerogative of the King and the subjection of all persons and our allegiance
Object whereof one contradicts himself is not a sufficient 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a firm footing to stand upon to shake not the earth onely but heaven also Bracton writing in Henry the third his time fol. 34. A. when the Barâ—ns had raised a Militia against the King saith indeed Rex habet superiorem Deum scilicet item legem per quà m factus est Rex item curiam suam viz. Comites Barones c. That the King hath a Superior namely God also the Law whereby he was made King also his Court to wit the Earls and Barons The like sentence verbatim almost is cited out of * lib. 1. c. 17. de justitiariis substituendis Declar. L. L. Com. Nov. 2. 1642. pag. 22. Fleta that the King had in populâ— regendo superiores legem per quam f ctus est curiam suam viz. Comites Barones c. But the former place in Bracton and so in Fleta is not meant of the Court of Parliament for there 's no mention of the Commons but it follows in the same place debent ei fraenum imponere they ought to bridle him Dr. Fearns's Conscience satisfied sect 4. pag. 17. 1248. It is likely he spake this in favour of the Militia raised against Henry the third for then he wrote and might call that Assembly of Earls and Barons then combined against the King Curiam the higher Court or Counsel But he contradicts this else-where not onely in that sentence Rex in regno parem habere non debet cum par in parem non habeat potestatem multò fortiùs non habeat superiorem That the King in his Kingdom ought to have no equal because one equal can have no power over another much less should he have any superior But also by other sentences quoted out of him above Somewhat perhaps like Cicero sometime with Pompey sometime for Cesar as not a few have been in our time Another also is cited who saith 2. Fortescue fol. 25. â— By the fuller answer to Dr. Fearn pag. 3. Ad hanc potestatem a pâ—pulo effluxam ipse habet quo non licet ei potestate aliâ populo suo dominari That the King by having this power flowing from the people is obliged so that it is not lawful for him to rule over them by any other authority Answ 1 But this assertion being back'd with no antient record or custom nor with any judged case or Act of Parliament yea contrary to the known process and practise of the Law and Acts of Parliament and general sentences of Lawyers cannot satisfie especially if we consider that if such power had flowen from the people yet as the King observes it doth not follow that it must therefore return unto them 2. Answer to the Remonstr of May 26. 1642. pag. 10. at least when and in what manner they will As in the case of the power of the Husband which first did flow unto him from the Wife but may not be resumed without breach of wedlock 3. 24 H. 8. c. 12. and that also adjudged lawfully The Law is otherwise which teacheth us That this Realm of England hath been accepted for an Empire governed by one supream Head unto whom a body politick compact of all sorts and degrees of people of the Spiritualty and Temporalty are bound to bear next unto God a natural obedience And that by the Law of nature and of the Land we owe Allegiance as we saw above Now this is not answered Reply to Dr. Ferm's answer sect 3. pag. 18. by saying ' By the preamble of the Statute it appears so to be made to prevent appeals to Rome and that by the supreme Head is meant such a one as is able to do all needful acts of justice which the King in his natural capacity cannot do and therefore must be understood in his politick capacity which takes in Law and Parliament For the whole body politick whether Parliament or People are governed and made subâ—ect to this Supreme Head and do owe unto him natural obedience And accordingly in His not in the Houses of Parliament's name though sitting do all judgments and executions of Law proceed The authority then of the two Houses of Parliament is the authority of the Body not of the Head by which even it also must be governed and against which it may not oppose it self 1 Tim. 2. For as he said I permit not a woman to usurp authority over the man but to live in subjection holds betwixt the political Spouse and Husband also I have done with the third 4. Case of Necessity To the fourth Motive the case of Necessity We must here note Thesin Hypothesin the general and the particular state of the Question 1. In Thesi and in general 'T is true Pleaders for Regal power do acknowledge that there may indeed fall out some cases wherein such designments may be warrantable As first Abbot de Anti-Ch cap. 7. n. 5. 6. in general when per patrias leges licere judicarunt Hîc verò politica res agitur Quid principi juris in subditos per leges cujusque reipublicae fundatrices permissum sit c. When they might judge that it was lawful by the Laws of their Country Now here the Question is civil and political namely What power is given to the Prince over his subjects by the fundamental Laws of each Common-wealth c. saith the Bishop of Salisbury Here Law is made the bottom in general but that Law must be produced that may be known In particular two or three cases are alleadg'd wherein onely it is found allowable Non alias igitur populo in eum potestas est Gull Barcla contr Monarchom lib. 3. prope sin quà m si id committat propter quod ipso jure Rex esse desinat Tunc enim quia se ipse principatu exuit atque in privatis constituit liber hoc modo populus superior efficitur reverso ad illum scilicet jure illo quod ante regem inauguratum in interregno habuit duo tantum commissa invenio duos inquam casus Horum unus est si regnum Rempublicam evertere conetur hoc est Aurel. Victor de Caesarib Sueton. cap. 49. cap. 30. si id ei propositum eaque intentio fuerit ut regnum disperdat quemadmodum de Nerone fertur de Caligula Talia cum Rex aliquis meditatur molitur serio omnem regnandi curam animum illico abjicit ac proinde imperium in subditos amittit ut * l. 1. ult D. pro. derelict dominus servi pro derelicto habiti dominium Alter casus est si Rex in alicujus clientelam se contulerit ac regnum quòd liberum à majoribus populo traditum accepit alienae ditioni mancipaverit c. And instanceth in Baliol King of Scots that subjected his Crown and Kingdom to Edward the first of England then
of Worship in the nerves and sinews of Discipline and in the bones and strength of Government which no true Son of the Church of England can without indignation reflect on Thirdly it striketh at the very beeing and safety of it For first this will both nourish and breed Papists and Separatists when they shall consider that by this Oath we have acknowledged that there is no one part Isa 1. wholly sound in this Church but that from the crown of the head to the sole of the foot there are wounds sores and putrifying corruptions And being the expressions are indefinite they cannot tell what in any part is sound nor know what to cleave unto and so are prepared for apostacy from it 4. Schismaticall illegal oppressive to to the Government of the Church or confirmed therein 4. This Covenant sweareth a Schisme and is an unjust Oath as it is injurious and oppressive to the Government of this Church and the express Law whereby it is established to wit Episcopacy not to insist on the ranking of it with Popery and Superstition The Church of England is founded in Prelacy saith the Luws Of which before And the King in his Oath swears to defend the Rights of this Church Yea this order is by the Laws in force before 17 Car. 11. the very next the King himself in Parliam for so the style runneth the Lords Spiritual and Temporall The right of Episcopacy out of Scripture Antiquity and the late Reformers hath been shewed before and out of the Law of England also Now to swear against a main point of the Law of the Land wherein we have the suffrage of the whole Church and against that order of men both under which Bishops as Cranmer and others special instruments of the Reformation and by influence whereof we first received the Gospel and several whereof sealed it in opposition to Popery and Superstition with their blood Five Bishops being burned viz. Cranmer Arch-Bishop of Cant. Ridley Bishop of London Hooper and Latimer Bishops of Gloucester and Wortester and Ferrar Bishop of St. Davids is such a piece of unchristianity injustice and ingratitude yea and perjury also in those that have subscribed the three Articles and taken the Oath of Canonical obedience that I should wish mine eyes a fountain of tears to bewail it and my quill the pen of a more ready Writer to describe it Pudet haec opprobria nobis c. What shame is it that this should spoken be And nothing to be said to th' contray 5. It is of most dangerous insinuation 5. Of most dangerous insinuation against the dignity person and authority of the King in respect of the Kings Authority Dignity and Person First To his Dignity in putting him after the Parliaments and Kingdoms and yet put the Parliaments before the Kingdoms as if he were inferiour unto both whereas by our Oath of Supremacy we do acknowledge him to be over all persons within these his Realms and Dominions Supreme Governour And have in that and in the Oath of Allegiance and in the Protestation sworn and engaged to maintain his honour and priviledges Secondly It insinuates most imminent danger unto the Kings Person and Authority whilest it engageth to preserve and defend the Kings Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdoms Openly implying that both the one and the other may be deserted in case he do not or seems to some not to defend true Religion and the Liberties Thirdly And for his Authority we swear obedience thereunto in the former Oaths indefinitely without such limitations as these are whence these appears to be no less then a treasonable limitation 6. It swears to betray and oppress contrary to Law 6. Is oppressive of the K. faithful subjects and true members of the Church 7. It bettaies the Liberty of the Subject in setting up an Arbitrary power against Law the Kings faithful Subjects and the true sons of the Church because they would keep faith with the one and unity with the other Artic. 4. under the names of Malignants and Hinderers of Reformation 7. It owneth the Houses of Parliament in opposition to the King to be the Supreme Judicatories and acknowledgeth a power in them of punishment to life and estate which is a betraying the Subjects Liberty as also that they may punish as they judge convenient or a Committee from them What is this but to pluck up Magna Charta by the roots which gives this priviledge that no free-born English man shall be punishable in life liberty or estate but by a Jury of his equals c. So that this is an erecting of an Arbitrary Government and destructive to the Fundamental Laws of the Land The same error is committed in the fift Article against those that should any way oppose this kind of union between the two Nations 8. In the sixt and last Article 8. Obliges to a blind a betting of all attempts in the pursuance of it 9. Engages against Repentance it obliges to defend all those that enter into this Covenant in the pursuance thereof which what it infers cannot be foreseen nor how far that clause may be extended 9. It engageth against Repentance which in an Oath of that nature and newness ought not to have been done but that juvat impiis as well as miseris socios habuisse It pleaseth them that have the plague to see That others as themselves infected bee 10. 10. Hypocritical blasphemous towards God scandalous and dangerous to other Churches and Nations Prov. 24. Eccles 10. Matth. 22. Prov. 13. 1 Pet. 2. Lastly In the Epilogue and close of it It is Horridly Hypocritical Blasphemous towards God Scandalous and Dangerous to other Churches and Nations First It is Horridly Hypocritical in acknowledging that we profess before God and the world our unfeigned desire to be humbled for our sins and the sins of these Kingdoms against God and Christ his Son c. And yet at the same time swear to dishonour both and transgress the Gospel which commands obedience of Subjects to their Princes especially in doubtful cases the King holding forth not force but law as well as they and as I am perswaded with better evidence Ezek. 20.27 Secondly It is most blasphemous and a high temptation of Almighty God to pray most humbly unto him to strengthen us by his holy Spirit to live and dye in opposition to the just Laws of the Land in sedition against our natural Prince in schism against the Church and in oppression and violence against our innocent brethren Thirdly It is Scandalous to other Nations and Churches whereby through us the name of God as called upon and professed by the Reformed was blasphemed even among the very Turks Ezek. 36.20 yea our Nation the members of it in peril wheresoever they came as Merchants and Travellers know Lastly Dangerous unto the same Churches First
instructed So that they do justly incur that of Solomon Prov. 18.13 He that answers a matter before he understands it it is a shame and reproach unto him as shall immediately appear Inserted sheet p. 4. They say That sundry prayers are added Inserted sheet p. 4. not confirmed by Parl. which because an indefinite expression might make the common Reader think of many Pag. 28. n. 6. whereas themselves afterward mention the number and the prayers viz. one for the Queen or King one for the Bishops and one for Q. Anne and the Royal Progeny Next That these Additions have emboldened some to make alterations at their pleasure Ibid. The Br. calumny of the Liturgy Another indefinite and boundless expression leading the Reader into an uncertainty what to rest on as established Whereas they have not instanced in one line or word in the body and text of the Liturgy it self the Prayers and Exhortations that is altered from what was by Parliament established They proceed for instance say they the Prayer for the Queen and Royal Family before the year 1627. began thus Almighty God which hast promised to be a Father of thine Elect and of their seed But now thus Almighty God the fountain of all goodness Which change say they was a great presumption of which no reason can be discovered unless this That the word Elect distasted the favourers of Popish Arminianism Now first again oportet esse memorem Did they not say with this breath but now that these were added besides the Act and might they not then be chang'd without presumption by the same Authority that enjoyn'd them Again this discovers their unsufficiency for this undertaking Lord Cant. speech in Star-chamber at the censure of Dr. Bastwick p. 27 28. not having read the most known and publick books of these Arguments As in particular that wherein this is fully opened who did it and upon what occasion and this delivdred at the famous Censure of Dr. Bastwick Mr. Burton and Mr. Prynne where it is shewn That the King did acknowledge that the Alteration was made by his special direction as having then no children to pray for After this follows for fault in the matter of the Liturgy a quarrel with the old translation of the Psalms Inserted sheet p. 4 5 6 7. Epistles and Gospels Against these they alledge in general That being there is a new authoâ—ised and yet how authorised if the Kings Proclamation do not oblige wiâ—hout particular Act of Parliament as they imply pag. 62. Quaer 4. Insert sheet pag. 5. 7. Translation the standing of those parts of Scripture after the old causes scandal they say and makes sport for Papâ—sts and Atheists to find how much our translations publickly used do enterferre and jar The variety of Translations useful Euseb H. l. 6. c. c. 15 16. Hieron de Script n. 64. and how corrupt some of them be But surely the Church of God hath been always of another mind And Origen much commended for his edition of the Hexapla or the Bible in six several editions whereof five were in the same language viz. the Greek and some of them done by Hereticks St. Austin also writing his Directory for Students in Divinity de doctrinâ Christianâ speaking of the variety of the Latine Translations out of the Greek saith Aug. de doctr Christ l. 2. c. c. 11 12. Ut enim cuique primis fidei temporibus in manus venit codex Graecus aliquantulum facultatis sibi utriusque linguae habere videbatur ausus est interpretari Quae quidem res plus adjuvit intelligentiam quam impedivit si modò legentes non sint negligentes Nam nonnullas obscuriores sententias plurium codicum saepe manifestavit inspectio sicut illud c. In the young times of the Church if there chanced to fall into any mans hand a Greek copy of the Bible and he conceited he had some little skill in both the Tongues Greek and Latine he took the boldness to translate which thing notwithstanding doth more help than hinder understanding if so be that the Reader be not idle for many obscure places are cleared by comparing of several translations as that of Isaiah c. In which testimony we have two things first the benefit the Church may reap by variety of translations Secondly that in this variety there is even profit to be reaped by the worst Usher Epist ad L. Capel de Textus Hebr. variantib Lect. pag. 7.9 10. Precipue verò p. 17. As the Greek translation of the LXX it self as now we have it is not onely the worst that is but ever will be said the learned Primate of Ireland and implies as much in print And yet of this did our Saviour and the Apostles make often use without any scruple And if the Papists were enemies absolutely to varietie of Translations why with so great charge did the King of Spain publish that splendid Edition of the Bible in so many languages Phillip the 2d What the agreement is betwixt their books of publick service and the vulgar Bible is not material seeing the common people have not allowance for the reading of the Scripture But in particular there may be instances given wherein if the literal sense of the Original is not better rendred by the old Translation even by that of ours excepted against yet is it made more plain and easie Again as some persons keep the measure of their childrens growth what if some weakness of translation be left that the Church may perceive its proceeding and going forward Thirdly that of St. Jerom Neque enim nova sic cudimus Hieron prefat in proverb ad Heliodor Tom. 3. ut vetera destruamus We so take up new things that we must not wholly abolish the old may be of use here For accustomed things though not the best are not always safe to be removed Ipsa quippe mutatio consuetudinis etiam quae adjuvat utilitate novitate perturbat The alteration of custom though it help by its usefulness Aug. Junuario ep 118. cap. 5. idem Hieron Epist 10. yet it disturbs by its novelty as we saw above As also the same Father in the like case wrote unto St. Jerom Movit quiddam longè aliter abs te positum apud Jonam prophetam quà m erat omnium sensibus ibi memoriaeque inveteratum tot aetatum successionibus decantatum Factus est tantus in plebe c. Something saith he that thou hast translated far otherwise in Jona the Prophet than was fixed in the minds and memories of the auditory and by the course of so many ages now grown as it were a common song did move till it came to a tumult among the people c. Where they say That three verses are added in the 14 Psalm not in the Greek of 72. but onely in the Popish vulgar Bibles Insert sheet pag. 5. Object Answ this is one of
with his Presbytery But the Bishops themselves were judged by the Synod Moreover when the world began to be filled with Churches and the Metropolitanes themselves stood in need of particular Government over themselves for although they grew in number Patriarches yet all were not according to their places either prudent or vigilant for in all orders of men Note those of worth are but few the Fathers did commend the care of whole Provinces together unto certain Bishops of the chief Cities which persons they afterward called Patriarchs Thus far Bucer there And after noting the abuse of these powers and the usurpation of them by the Bishops of Rome whom hee calleth Antichrist which I note to evidence that a man may be full for Episcopacy yea and Archiepiscopacy and yet be as full against Popery which some should mark hee subjoyns what is very considerable in these times viz. At quia omnino necesse est ut singuli Clerici suos habeant proprios Custodes Curatores instaurenda est ut Episcoporum ita et Archidiaconorum aliorumque omnium quibuscunque censeantur nominibus quibus portio aliqua commissa est custodiendi gubernandique Cleri authoritas potestas sed vigilantia animadversio ne quis omnino sit in hoc ordine 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But because saith hee it is altogether necessary that every Minister and Clergy man should have their proper Guardians and Governours both the Authority of Bishops Bishops and of Archdeacons Archdeacons and of all * As Metropolitanes c. other officers by what names soever they be called unto whom any part of the power of guarding and governing the Ministry is committed ought to be restored As also watchfulness and observation least any man whatsoever of this profession be without government and not under rule Thus far hee With whose testimony not onely for his learning and piety both which were eminent in him but also for his reference to this Church as having been one of the reformers of it I close these Allegations and Witnesses Vide Bucer Script Anglican Onely adding this That had the Reformed Churches beyond the Seas observed this counsel of these their own learned men they had not given that advantage to the adversary by making a Schism in Government from the whole Universal Church scandalizing it also Nor had they given occasion to those who out of true or pretended imitation of them have brought Scotland and by it England the glory and refuge of the Reformed Churches and by both Ireland into those horrid confusions which have fallen upon them upon that quarrel as is noted by (a) Icon. Basilic Medit. 17. one who well knew and is not denyed by (b) Ministeâ—s Reasons for Reformation 1660. in the Preface others who had no small activity in blowing those fires some coals whereof they have still retained and by them attempted to kindle new flames as is noted by (c) Kings Declaration Oct. 5. 1660. pag. 7. another Authentique Author And for those our Brethren who had destroyed this Government among us it is to be feared it may be in many of them upon the like ground that the Rabbin saith the Jew the body of them D. Kimchi in Isa 53.9 for so hee expoundeth that Prophecy which the Chaldee Version applies to the Messiah as wee do was slaughtered in the captivity whilst hee explains those word with the rich in his death Hee saith it was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But Which sentence because it is in Rhyme wee may thus render The Wether had no fault but that His fleece was good and hee was fat Mark 12.7 According to this Come let us kill him and the Inheritance shall bee ours As it hath appeared since SECT III. Exceptions against the Government and Discipline THe Brethren the Authors of the former Tract Reasons of the necessity of Reformation p. 40. except also against the Government and Jurisdiction of the Bishops First That it is not by Divine Right in this Nation but that the Church of England is founded in the estate of Prelacy within the Realm of England by Law and authority of Parliament onely Where first we accept of their Concession Prelacy Episcopacy established by Law in England 25. Edw. 3. Anno 1350. then our Church Government by Episcopacy is established by Law in this Nation Now if they have this office by Law they must also have a power for the Execution of it as a Prelacy that is a superiour order of men to govern in Ecclesiastical Affairs which is their jurisdiction and power to exercise Discipline But the Brethren reply Object that this is taken away by the Act of 17th Carol. I. 11. wherein their sitting in Parliament is removed and the power of the King to authorize Commissioners for Causes Ecclesiastical which was granted by an Act 1. Eliz. cap. 1. Reas neces ref Pag. 51. And that there is not any branch or clause in that whole Act that gives more or other jurisdiction to Bishops or any other Ecclesiastical persons whatsoever But Answer unto this is given elsewhere in this Treatise therefore I leave it here and come to that which is more material viz. The Divine Right at least by consequent of that function Which having evidenced so plentifully before out of both Ancient and Modern Testimonies and those of some the greater Lights of the Reformed Churches And replyed to the Objections on the contrary And particularly because the Brethren do not here oppose it I shall need to say the less Onely take a verdict from one whom some of the Brethrens opinion cite as a witness which is St. Cyprian Which will at once carry with it both the Divine Right and also the inseparable adjunct of it though not a sole yet a superiour jurisdiction For that of sole jurisdiction seems a needless quarrel seeing the Bishop doth neither exercise any part of it alone but with others assistance and without which assistance hee cannot orderly administer it And the Church declares her self whilst shee appointeth in the ordering of Priests and consecrating of Bishops one of the greatest Acts pertaining to Government that there shall be other also assistant to the Bishop in Imposition of hands Though in that lesser point of Confirmation of Children and ordering of Deacons it is not so appointed though not excluding it But as I said Cyprian hath these words Neque enim aliunde haereses abortae sunt Cypr. lib. 1. Ep. 3. Vide in eand sentent ips lib. 3. Ep. 1. aut nata sunt Schismata quà m inde quod Sacerdoti Dei non obtemperatur Nec Unus in Ecclesia ad tempus Sacerdos ad tempus Judex vice Christi cogitatur Cui si secundum Magisteria divina obtemperaret fraternitas Universa nemo adversum Sacerdotum Collegium quicquam moveret Let not the Reader nauseate this once or twice