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A49349 The loyall convenanter, or, Peace & truth revived being certaine seasonable considerations presented to the whole kingdome in generall, but more particularly intended for that famous and honourable city of London, and therein in a more peculiar manner all those citizens, as also all other persons whereoever, who have taken the Solemn league and covenant. Rexophilus Londinatus Christianus Protestans. 1648 (1648) Wing L3344; ESTC R25487 49,454 81

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Presbytery considered as is administred by preaching and Lay Elders joyntly with equal voice and power in the several Judicatorics of their Parochial Sessions of their Classical or greater Consistories of their P. ovincial Synods and National Assemblies Page 3. Now by this if I mistake not you may perceive that they both agree in ipso regimine Ecclesiastico in the Government it self considered as itteferreth to the Church that is all Members therein that are to be governed though not in the manner number or qualification of the persons governing both parties confessing that the power of Ordination and of Judicature so far forth as the keys left by Christ in his Church do extend is of Divine Institution and that this power must be excecised or administred in his Church by some so that I say the difference is whether the exercise or ministration of that power be restrained to certain choice men or indifferently left to all Presbyters and their assisting Lay Elders For none will accuse themselves guilty of so much ignorance and folly as to affirm that the decent Ceremonies and innocent Vestments of the Church as Cross in Baptism Surpless Cope the like were practised imposed as essential and inseparably necessary adjuncts to the Government it self All which rather then contention for them should have extended to blood might nay would have been by the condescention of His Majesty quietly layd aside needing not the peremptormeis of the sword to silence them I. Under episcopal there is in every Parish a preaching Minister with Churchwardens and in some Deacons or Curates by these offenders are noted and admonished and the offences presented to the Ecclesiastical Courts or Consistories where they may be heard and censured the Minister having power in some cases of notorious scandal to restrain from the Communion untill the offence may be heard and judged in the Court and the party so offending by the censure of the Church brought to give publike satisfiction II. Under Episcopal in every diocess there are several divisions the lesser and the greater these being called Deanties there is Arch-Deconries in those the Arch-Presbyters in these the Arch-Deacons have power to call the Parochial Ministers together to enquire of doctrine and manners and see to the red ressing of smaller abuses In the Mother City is the Bishop residing with his Presbyters having the power of Ordination of judging and determining of all matter of doctrine or seandal reserevd to his hearing by his Arch-Deacons and of rejudging what was judged amiss by them This he doth either in his Consistory which he holdeth in his City assisted by his Presbyters or in his Vsitiations going through his diocess and causing his Clergy personally to appear or in his diocesan Synod which is made up of the City Presbyters Dean and Chapter the Arch-Deacons and other choice Presbyters under the presidency of the Bishop III. Under Episcopal Government are held Provincial Synods consisting of all the Bishops Deans Arch-Deacons and of certain choice Presbyters from every diocess within the Province these have power to order all matters concerning the whole Province to hear appeals from every Diocess to re-judg what is done amis that could not be well determined in a Di●cesan Synod IIII. Under Episcopal Government are also held National Councels consisting of the like Members as do the Provincial these are of greatest authority they examine and judg any thing done amiss any in Province they consider and determine matters of Doctrine and Discipline inorder to the whole Nationall Church Under the Presbyterian Government there is in every Parish a Minister with a competent number of Lay Elders and Deacons according to the largeness of the Parish These make the Parochial Session and have power to censure scandalous livers contentious persons and the like to enjoyn publke penance and impose upon the penitent before he be received into the Church a fine to be imployed on pious uses Under the Presbyterian in every County there are also several divisions or Classes containing such a number of Parochiall Ministers who have their set meetings for conference and in the City or more eminent Town is the great Presbyterian Consistory commonly called the Presbytery made up of all the Parochiall Ministers within its precincts and of Lay Elders from each Parish one in this is the power of Ordination of censuring crimes of the higher strain with the greater Excommunication of hearing appeals from the Parochial Sessions and rejudging what was there judged amiss Under the Presbyterian also are held Provincial Synods made up of Commissioners that is certain preaching and Lay Elders from every Individual Presbytery or Presbyterian Consistory within the Province These judg and determine matters pertaining to the whole Province Also all difficult cases that could not well be determined within the Presbytery they receive appeals also from the Presbyyters and examine what was there thought to be done amiss Under the Presbyterian likewise are held National Assemblies consisting of Commissioners from all the Presbyteries in the Kingdom each of them sending two preaching and one Lay Eider also from every Burrough one and he a Lay man and from every University one and for the most part a Ley man too In these is the supream and finall determination of all complaints and controversies and unto the decrees that issue thence all must obey under pain of Excommunication Now these premises impartially considered which of these two Governments have the more effectual means to procure the end of Church Government the preservation of truth and peace the suppression of Heresie and Schism let any rational unbyass'd-minded man judg For my part I ingenuously confess that it is contrary to common reason in my upprehension that Lay-men from whose education no knowledg extraordinary beyond their trades and such like affairs can be expected although it is true that many are furnished with knowing parts yet as true that the most in a Nation are altogether defective therein can be as ficinstruments for such kind of imployments as grave and learned Divines whose only business it is to tread the path of all arts both humane and divine so that if this continue in England what I once read alledged against the Papal Consistory that they did potius numer are suffragia quam argumenta pond●rare number rather their Votes then weigh the solidity of their Arguments will I fear be our deserved censure From which justly meriting accusation Good Lord deliver this Nation Again consider further Bishops assume not the exercise of any power within any Princes Dominions or use it over his subjects but by permission and authority from him and that according to just Laws and Rules made by soveraign Authority for the manner of external Ministration thereof so that when the Episcopal power cometh to the holding of Courts and calling Assemblies it wholy depends on the soveraign power 25 Hen. 8.19 without whose Assent signified by his writ they cannot assemble for
command desolation whose Consultations should tend to the prevention of Treasonable and Rebellious excursions their concatenated effects dissolution of the band of a nationall Peace effusion of bloud by imposing to that purpose penalties punishments upon the offenders should amidst such consultations be practically guilty themselves of the same Crimes they should be guiltless that condemne the guilty Quae culpare soles ea tu ne feceris ipse Turpe est doctori cum culpa redarguit ipsum Preserve the Liberties of the Kingdomes That is as Kingdomes having liberties by the Law and Custome thereof distinct one from the other Covenant to preserve each of them free from any usurping power and unlawfull intrenching one upon the Other And in this respect it were to be wished that our Northern friends had kept close in their practice and that England for the future would take care to defend its particular Interests Liberties of the Kingdomes not Libertinisme in a Kingdome But Liberties that is the Liberty of each man therein which as Natives or otherwise belong unto them according to the fundamentall Constitution and Law of each respective Nation now this Liberty must necessarily have a respect to all degrees of men therein Pray then let us not exclude the head of all the King as I have touched in my observation upon the preamble especially having sworn in the next Clause to Preserve and Defend the Kings Majesties Person Covenant c. That is Not to hazard His Person by opposing Armies in the field where the ignorant Bullet cannot distinguish persons Nor by administring the least occasion of heart-grieving melancholy sadnesse the slie yet certain impairers of health menacers of the bodies ruine nor by and actions or speeches derogatory to the honour of a King and not becomming the duty of a Subject for you all know what greived David most and who it was that said At quod tu facis hoc mihi dolet Subjects insurrections against and insolent abuses of their King like the apprehension of an injury received from an intimate friend non tam cito tangit quam penetrat like an arrow pierceth the very heart upon an instant therefore this is not the way to preserve the Kings person And Authority Now Covenant Vide more to make this good backward what that is I have already shewed how that to Him belongeth the power of making and repealing Lawes War or Peace c. In the preservation of the true Religion Liberties of the Kingdom Covenant This upon Rationall grounds must necessarily imply Religion and Liberties in esse not posse or velle as I have already observed Now both this Religion in esse by Law established and the Kingdomes Liberties His Majesty hath preserved stil doth even with the losse of his own Defence the Kingdomes true Liberties And for His Religion I attest His very Enemies confession to make good His constant Perseverance therein and preservation thereof my self in this particular esteeming it melius silere quam pauca dicere admiration supplying the place of Expression O therefore that the world may bear witnesse with your Consciences of your Loyalty that is Covenant faithfull obedience to your Soveraigne notwithstanding former aberrations through ignorance and that you for your parts had no thoughts or intents to diminish that just power and greatnesse which belongeth unto him by the Law Use your best endeavours to free Him from this unparallel'd and unjust restraint and restore Him to His Regall power and possession of His Royall prerogative Thus you will be instrumentall restorers of Englands Honour Peace and Glory and doe not content your selves as too many doe that you have only sworn to maintaine the Kings Just Rights when as your actions Endeavour the contrary or endeavour not at all the maintenance of them contrary unto this Clause of your Covenant We shall also with all faithfullnesse endeavour the discovery of all such as have been or shall be Incendiaries Malignants 4. Article Covenant orevill Instruments by hindring the Reformation of Religion c. Who hindreth Reformation and a reduction of Religion to the purity of practice but those who hitherto have countenanced and still connive at a Toleration of all Erroneous practices Schisme c. contrary to the second Article of this Covenant hereby making themselves guilty for Qui non vetat peccare cum potest Jubet Dividing the King from His people Are not they such dividers who have taken up armes only to deprive His Majesty of His Regall Power Declared him not in a condition to governe Covenant Answers to Scots Papers Novemb. 1647. Dec. Answer to Scots Papers 13 March 1647. band by imprisoment of Him disabled Him from performing His duty as a King by protecting His Subjects and by Proclamations enjoyning their Obedience to the established Lawes Who have divided the Kingdome from the King but such as by their actions Negat Oath Oathes and Declarations have endeavoured to frame Rem publicam in Regno Supreamacy in the people never heard of nor ever practised in this Nation before in opposition to His Majesties justly Supream power going about to transforme this Kingdome into a body with two heads which is monstrous and contrary to nature and to contrive two shining Suns in Englands Hemisphear which was ever ominous and Prognosticatours of Destruction O Deus bone in quae tempora reservasti Preserve us good God from confusion and suddaine ruine Who divide one Kingdom from another making factions among the people and causing fractions in their duties and affections but they that invite the assisting invasion of neighbour Nations maintaining Armies within its one bowells to effect an alteration of Government by force Who divide one Kingdome from another but they that neglect nay deny timely supplies whereby Ireland might have been reduced in Obedience to His Majesty and the Law of the Land the want whereof disabled the Protestant party there and enableth the Irish Papists to divide themselves from the Crown of England and Ireland endangering also the ruine of our own Nation and all these contrary to the common rules of Humanity much more Christianity and in opposition also to the Law of the Land and this League and Covenant thus rightly Rationally and Religiously expounded That they Covenant that is Incendiaries Malignants c. may be brought to publick triall and receive condigne punishment as the degree of their Offences shall require For this part of the Article I have nothing to write but this Secundum Leges fiat Justitia may Justice take place running down like a stream yet because non sanguinis homo Misericordia praevaleat opto may they all finde pardon for their Treason and Rebellion against our Soveraign Lord the King the Laws in this world mercy forgiveness for all their sins against the God of Heaven in the world to come To this purpose it were to be wished
Book of Martyrs 3. vol. Hom. Church Engl. Artie the practice and precept of Christ himself the examples of the Prophets and Apostles the pattern of all the Martyrs the generally concurring Doctrine of the Catholike Church now in profession continued in the Church of England That active obedience is to be yeelded to the King as supream in omnibus licitis in things lawfull but if God for the punish ment of a Nation should set over us a tyrannicall King secundam voluntaiem pravam non rationem rectam regentem governing by his depraved will against reason and commanding things contrary to the Word of God we must not by force of arms rebel against him but rather then so if not prevailing by Petition unto him or escaping by flight from him patiently submit to the losse of our lives estates agreeing with the ancient Christians that preces lachrymae sunt arma ecclesiae that the pen rather then the sword patience prayers and tears then actively shedding blood best becommeth Christians Herein committing my soul into the hands of my faithfull Creator and mercifull Redeemer Revel 2.10 Mat. 5.10 11 12. 1 Per. 3.14 17. 1 Tim. 2.9 who have pronounced them blessed that suffer for righteousnesse sake and the testimony of a good conscience But I know the Jesuite and others too neer him in opinion though remote from him in name will contract their browes into a frown at this though Christian like asseveration and resolution Homily Chur. Engl. Sacred royall Prerogative of christian Kings printed Anne 1644. interposing many ayery suppositions distinctions and I know not what frivolous questions all which I shall at present forbear to insert much more to answer because they have sufficiently been in the religious and rationall works of many learned Writers both ●ncient and modern refuted and matle to appear but groundlesse quickly vanishing into ayre Beside his royall Majesty since the beginning of this unnaturall War having dommanded nor demanded any thing as in the sequell will appear contrary to established Law nor performed any action which any other Prince as supream might not lawfully have done se sobolem leges Regnaque defendendo It would be a needlesse and a labour in vain in me although in my conscience I approve the same to spend paper in vindication of a Christians passive obedience it being a question not arifing from the past or present practice of our Soveraign Lord the King therefore without all question at present standeth not in need either of mine or any other his Majesties Subjects defence For he hath been and is so far from commanding any unjust things contrary to the Law of God and the Land that he hath patiently suffered reproaches against his royall person deprivation of his noble Consort dispersion of his Princely Son hazard o● his own life losse of his Revenues with many thousands of his loyall Subjects nay almost all the comforts which felicitates a mans life vpon earth being at last after all these a restrained prisoner O happy thrice blessed wals conteyning such a King pattern of true Piety president of religious constancy example of an unparalelled Patience O unnaturall men Rebels to the King Reason Religion and Law whose trayterous commands thus turns Princes Pallaces into a royall Prison And all this he undergoeth because he would govern onely by Law and preserve a power in himself whereby he may be enabled to preserve the Law But I proceed passing by the generall power of a King in Divinity and in that respect what he may do and confider him onely as he is King of England in a well setled Government and therefore to this purpose shall lay down some more fundamentall positions and unquestionable truths That our Soveraign Lord CHARLES Vide all Acts of Ravliament confessing the 1. Jac. cap. 1.9 Edw. 4 fol 8 by the grace of God is lawfull King of England and of all other his Majesties Dominions and Countries that he is supream Governour over all persons and in all causes whether Ecolesiastical or Civil That is There is by the Law of the Land established in which he is vertually present no commanding power above him without him much lesse against him nor can ought or must any conjunctim or divisim exercise any governing power within his Majesties Dominions nor must any willingly expresse subjection or obedience to such an unjust and usurped power standing in opposition to his lawfull power That there are regales columnae to support this Monarchicall Fabrick from sinking or suffering any injury from any persons whomsoever as summoning and dismissing of generall Counsels whether Ecclesiastical or Civil making or anulling of Laws that is his affirmative or negative voyce in Parliament without which the Building were rather a painted then substantiall Edifice Secondly making of War or Peace that is disposing of the Militia of arming his Subjects to prevent forraign Invasions or suppresse domestick rebellious Insurrections without which it would also soon fall by seditious and ambitious underminers nor could the King without this power be able to defend himself from wrong or his Subjects from oppression Thirdly creating and disposing of Magistrates power over life and death highest and last appeal without which his title of Supremacy would be a title of supream mockery the stile of * School boys know that Rex is but a derivative of Rego which signifies to Govern King a meer contradiction nay if he had not these additionals whereby he is onely abled Regis agere partem he were rather Rex titularis quàm realis and if so rather regulatus and therefore in the best sense but a supream Subject then Rex regens by vertue of his supream power governing his Subjects were he deprived of these necessary adjuncts to a regall power he then may as his Majesty hath well observed himself be waited upon bare-headed have his hand kissed His Answer to the nineteen Proposition Anno 1●●● his Authority declared by his Subjects have Swords and Maces carried before him and please himself with the sight of a Crown and Scepter but as to true and reall power he should remain but the out side picture and sign of a King Now that all these with many more attributes of power requisite for a King to have do appertain by the established Law of this Land to our Soveraign Lord King CHARLES his Heirs and Successors I will not trouble the margin with quotations from the Fountain Lex terrae A. 1647. a principio ad siuem Remonst Feb. 21. 1647. alibique scriptis to make good but refer the Reader to those pure streams flowing from thence those brief Collections of that Reverend Lawyer Judge Jenkins who therein Atlas like hath supported the true fundamentall Lawes of England and like a faithfull Expositor given the most religious rationall and lawfull practiced sense of them But for the cleering hereof I shall propound some queries to all rationall men which will the