they onely who breake Gods law be cursed then all those who keep his law must needs be blessed and this much Moses expresly telleth the Israelites Deut. 11. Behold saith he I set before you this day a Blessing and a Curse the Blessing if ye obey the commandements of the Lord your God The Curse if ye will not obey the commandements of the Lord your God And if God the supreme Magistrate of all the world and the creator of all men and Magistrates will not punish any man except it be for some breach of his law how can any of his deputy Magistrates without pride or presumtion arrogate more or chalenge any power prerogative or authority to punish any man for that which is no fault no offence no vice no error no evill no sinne no transgression of any law whatsoever And here now my Lord behold the conformity both of our Kings and of the lawes of our Kingdom unto the word of God in this particuler our (d) King Iames confesseth so much in his speech to the Lords commons at whitehall on Wednesday 21 Martii 1609. p. 12. pag. 13. hee saith all Kings that are not tirants or periured wil be glad to bound them selves within the Jimites of their lawes they that perswad them the contrary are vipers pests both against them and the Common Wealth Kings chalenge no more our lawes made by their owne appointment confirmed by their owne authority which by oath they are bound to maintaine and which his (e) K. Charles in his declaration to all his loving subiects published by the advice of his privy councell 1641. pag. 20. saith wee doubt not it will bee the most acceptable declaration a King can make to his subiects that for our part we are resolved not only duely to observe the lawes Our selfe but to mainetaine them against what opposition soever though with the hazard of our being Majesty professeth he will maintaine against whatsoever opposition with the hazard of his owne being gives them no more This appeares out of the first of the first of Eliz. an act to restore unto the crowne the ancient jurisdiction over the state Ecclesiasticall which Sir Edward Coke in Cawdreys case calls an act onely declaratory and assertory of the ancient jurisdiction of the Crowne not collatory or introductory of any new right And what jurisdiction doth that act restore or more properly declare to be restored to the Crowne Namely all such spirituall and Ecclesiasticall jurisdiction as by any manner spirituall or Ecclesiasticall power or authority hath heretofore beene or may lawfully be exercised for the Uisitation of the state Ecclesiasticall and for the reformation of all manner errors heresies schismes abuses faults offences contempts enormities In which wordes my Lord there are three things expressed incident to the ancient jurisdiction of the Crowne First it is Soveraigne and supreame over and above all excluding and abrogating all forreigne including but not abrogating all domesticke jurisdiction Secondly it is such a jurisdiction as may lawfully be exercised it is not then an unlawfull but a lawfull jurisdiction And Thirdly it is for the reformation of all errors heresies schismes abuses faults offences contempts enormities It is no power then to punish men for truthes for conformity to the doctrine and discipline established for vertues for obedience to the Ecclesiasticall lawes of this land no but for errors heresies schismes abuses faults offences contempts enormities And this my Lord doth likewise appeare by the end of that ancient jurisdiction of the Crowne expressed in that statute which is that all thinges in the Ecclesiasticall courts by vertue of that ancient Ecclesiasticall jurisdiction of the Crowne may be done to the pleasure of Almighty God to the increase of vertue and to the maintenance of the peace and unity of this realme Now my Lord if the end of that ancient jurisdiction of the Crowne be for the maintenance of the peace and unity of this realme then that ancient iurisdiction of the Crowne cannot punish men for peace and unity but for discord and dissention not for obeying the lawes of this land which is a principall meanes to maintaine the peace and unity of this realme but for violating the lawes of the land which is a forcible meanes to breed discord and dissention Againe if the end of that ancient jurisdiction of the Crowne be for the increase of vertue then that ancient jurisdiction of the Crowne cannot punish men for their vertues but for their vices for otherwise that would be a meanes to decrease vertue and to increase vice And thirdly seeing the end of that ancient jurisdiction of the Crowne is that thereby all thinges in the Ecclesiasticall courts should be done to the pleasure of Almighty God and the pleasure of Almighty God as I have before shew'd out of Saint Peter and Saint Paul is that the Magistrate shall not be a terror to good workes but to evill Therefore the ancient jurisdiction of the Crowne cannot punish men for well doing but for evill doing not for keeping but for breaking Gods lawes and the Kings not for obedience but for disobedience not for vertue but for vice And this much my Lord is evident by all lawes for all lawes doe consist of a direction and a punishment and they inflict the punishment onely upon the transgressers not upon the observers of the direction of the law and this the Apostle sheweth in his 1. Epist to Tim. chap. 1. ver 8. We know the law is good if a man use it lawfully howe 's that why thus knowing this saith the Apostle that the law is not given to the righteous but to the lawlesse and disobedient what is not the law given to the righteous yet in respect of the direction not in respect of the punishment for because he observeth the direction of the law he is freed from the punishment of the law but to the lawlesse and disobedient the law is given in respect both of the direction and punishment and because they observe not the direction of the law they and they onely are liable to the punishment of the law and thereupon if any judge shall impose the punishment of the law upon any that doth not violate the direction of the law he crosses and confounds the very law it selfe and incurres that foule fault committed by Aâ—aniae the high Priest and excepted against by Saint Paul Acts. 23. Thou sittest to judge me after the law and contrary to the law commandest thou me to be smitten And therefore my Lord seeing the nature property and purpose of all lawes is to secure the observers and to lay the punishment of the law onely upon the violaters of the direction of the law It is needlesse to alleage any more particuler lawes to prove that which is the scope and intent of all lawes Yet I cannot pretermit one and I will alleage but one law of the land more to this purpose and that 's the
principall point your Lordship must either shew that the sentence found againg Caudrey did not charge Caudrey with any particuler crime within any branch of the Commission found but onely with generalls as in my case Or else that the sentence found against me doth charge me not onely with generalls but also with some particuler crime within some branch of the Commission found as in Caudreys case And unlesse your Lordship can doe one of these two your Lordship may sooner bring together Hercules his two pillers or the two poles then paralell our two cases in the principall point And untill then this sentence containing onely generalls shall according to Gods word the word of truth stand charg'd and branded with injustice and uncharitablenesse and in respect of the anomy obliquity and enormity of it shall be taken by all men of sound judgement to bee as indeede it is not a sentence according unto law but a sinne and a foule sinne against law or rather to use the words of that erronious sentence in a true sence a grievous and enormous crime contrary to the Law and therefore voide And both the High Commissioners in giving of it and your Lordship and this Court in affirming of it have shewed your selves not Judges according unto law but sinners against Law and I out of love to all your persons our of duty unto God and out of obedience unto his word am bound to tell you so much expressely by the former text Levit. 19 17. Thou shalt not hate thy brother in thy heart but thou shalt plainely reprove him and not suffer sinne upon him And secondly my Lord this High commission first finall sentence of the five hundred pounds fine and two yeares imprisonment against me is for the same reason likewise voide because though it mention a particular namely my refusall to preach the Archdeacons Uisitation Sermon yet that particular that refusall to preach that Uisitation Sermon is no fault no offence no vice no errour no evill no sinne no transgression of any law whatsoever but a vertue and an eminent vertue even the vertue of canonicall obedience unto the 36. 49. and 52. Canons to his Majesties Letters Patents Royall prerogative and supreame Ecclesiasticall jurisdiction as shall now fully and amply appeare out of my second position And thus much concerning my first position that no Magistrate whatsoever no not the Supreame hath any power prerogative or authority to punish any man within his jurisdiction except it bee for some fault some offence some vice some error some evill Thesis 2 proâ—atio some sinne some transgression of some law I now proceede to my second position that my refusall to preach the Archdeacon of Cant. Doctor Kingsleys visitation Sermon my principall or especiall fault in the judgement of my adversaries is no fault nor offence no vice no errour no evill no sinne no transgression of any law whatsoever and that therefore neither the High Commissioners your Lordship this court the Barons of Exchequer the Lords of the Counsell nor any other Magistrate whatsoever no not the supreme hath any power Prerogative or authority to punish me much lesse to imprison me for it And that I may begin and goe on in this position with that upon which I did much insist in the former certaine it is my Lord that here is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 here is wrath and punishment here is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ad octo here is wrath in the highest degree here is wrath as grievous as the fire is hot here is wrath incomparable implacable inexplicable wrath unparalel'd wrath superlative 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Greg. Nissen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in another case speakes The evill the mischeife is beyond expression beyond consolation The two finall sentences of the Honorable Court of High Commission against me may not unfitly be compared to that winde in the first of Iob for as that winde strooke upon the foure corners of Iobs eldest sonnes house and so did utterly ruinate it so have these two finall sentences strooke upon the foure quarters of my estate and utterly ruinated me in all if they stand good first they have strooke me in my goods by a fine of five hundred pounds estreated into the Exchequer and partly paid and partly stall'd Secondly they have strooke me in my liberty by foure times imprisonment and nine full yeares and three quarters continuance therein Thirdly they have strooke me in my benefice by deprivation Fourthly they have strooke me in my Ministeriall function by degradation nay my Lord they have strooke me one stroke more above and beyond all the former they have drawne out the spirituall sword of excommunication against mee and therewith as much as in them lies they have strooke me out of this orthodox Church cut me off from the communion of Saints delivered me up to Satan and adjudged my soule for the salvation whereof our Lord and Saviour Jesus Christ shed his most precious blood to the eternall torments of hell fire so that if ever there were then here is wrath incomparable implacable inexplicable wrath unparalel'd wrath superlative Now my Lord if herein the defendants have proceeded according to the rule of Justice which placeth and observeth a proportion and correspondency betweene fault and the punishment according to this rule of Gods word Deut. 25.2 Secundum mensuraÌ„ dilicti erit plagarum modus then it must needes be that this greivoâ—s enormous punishment must argue some greivous enormous crime some crying sinne like that of Cain in murdering his brother Abell whose blood calles to God for vengeance out of the dumbe and dead Element of the earth nay it must argue some ascending some soaring some mounting sinne flying up into the presence of God and laying hands as it were upon the Almighty and violently haling pulling him downe to execute vengeance unpon the offender like the sinnes of the Sodomites and what is it Why it is my refusall to Preach the the Archdeacon of Canterbury Doctor Kingsleys visitation Sermon Parturiunt montes nasceturridiculusmus And now my Lord to examine this their sentence and proceeding to law and justice If this wrath this incomparable wrath and punishment or any peere or particle thereof be rightly and justly inflicted upon me for my refusall to preach the Archdeacons Uisitation Sermon Then according to the former rule delivered in the former position this my refusall to preach the Uisitation Sermon must of necessity be some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some fault or offence If this my refusall to Preach the Uisitation Sermon be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some fault or offence then it must of necessity be some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the transgression of some law If it bee 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the transgression of some law then there must of necessity be some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some law transgrest that bindes me to Preach that Uisitation Sermon My Lord the High Commissioners by
deputed to the Episcopall or ordinary jurisdiction and not reserved to the jurisdiction of the crowne or cognisance of the high commission Ratio 4 My fourth reason my Lord is taken from his Majesties commission granted to and pleaded by the commissioners which gives unto them onely a particular and a limited jurisdiction consisting in certaine Ecclesiasticall causes and certaine particuler offences against certaine particular lawes and not a generall jurisdiction in and over all Ecclesiasticall causes and offences as large and spatious as the canons and Ecclesiasticall lawes themselves And this will appeare my Lord by a particular enumeration of all the severall branches of the commission it selfe But this would bee a great labour and will be altogether needlesse whether the Defendants can shew any such branch of their commission or not for if they cannot shew any such branch of their Commission then doubtlesse the labour will bee needlesse seeing the proofe lies on their side no proofe being made sufficet neganti ut neget dummodo non probetur in contrariū And if they can shew any such branch of their commission then it shall suffice to confute that branch when the defendants or their counsell shal produce it I confesse my Lord that the Commission dated 11. Iacobi extends as far as the canons ecclesiasticall lawes themselues in cases concerning the reformation of Ministers for it gives in expresse termes power and authority to the commissioners to punish a Minister for any fault committed in his owne cure or else where that is punishable by the Ecclesiasticall lawes of the Land but I am sure my Lord that there is no such branch in the commission pleaded by the Defendants and therefore in that very respect if in no other an information lies good against the commissioners and this court hath rightly assigned me for a prosecutor in an information against the commissioners for going beyond their commission And if there were any such branch in their commission that branch under favour were void because it is contrary to the sence and meaning to the scope and drift to the very letter and text of the 1 of the 1 Eliz. the statute whereupon their commission is grounded as shall now appeare by my next and Ratio 5 Fifth reason which is taken from the 1 of the 1 Eliz. and from the 19 of the 25. of Hen. 8. reviv'd in the first of Eliz. and therefore whatsoever the 1 of the 1 Eliz. doth particularly and expressly establish by reviving the 19 of the 25. of Hen. the 8. It is to bee presumed that it doth not in the same statute afterwards by generall tearmes abrogate for that were to make that statute like the high commission sentence against me to be at variance with it selfe and to have our part contrary to another why then my Lord seeing the first of the first of Eliz. by reviving the 19 of the 25. of Hen. 8. doth particularly and expressly allow unto the ordinary with in his diocesse a generall jurisdiction in reference to the canons and Ecclesiasticall lawes of this land It is not to bee supposed that in the following parts of that statute the Parliament did afterwards by generall tearmes take that away from the ordinary and therefore those insuing generall words which enables the King to nominate commissioners and by his commissioners to reforme and correct all manner errors heresies schismes faults offences enormities which by any manner of power or authority may be reformed doe not make voide the the former statute and generall jurisdiction of the ordinary but only shew that be the fault never so great so that the ordinary by vertue of his subordinate jurisdiction cannot sufficiently punish it yet it may be sufficiently punished by the Kings supreame jurisdiction within the land without going to the Pope out of the land for by that paragraph that is invested in the crowne which by the former paragraph was abolished and extinguisht in others and in the former paragraph all forraigne usurped power onely and not the ordinary jurisdiction is extinguisht So that by those former generall wordes such grear grievous and enormous crimes onely as the ordinary by vertue of his subordinate jurisdiction cannot sufficiently punish may be brought to the high Commission court and there fully punisht and yet the former statute and generall jurisdiction of the ordinary remaine whole and intire namely that breaches of Cannons or of Canonicall obedience unto the Canons belong to the jurisdiction of the ordinary and that be within his diocesse hath power to punish any fault punishable by the Ecclesiasticall lawes of this land And this interpretation My Lord is warranted first by the very title of that statute which is an act to restore unto the crowne the ancient jurisdiction over the state Ecclesiasticall and for abolishing all forraigne power repugnant to the same not for abolishing the ordinary jurisdiction which is subordinate unto it but for abolishing all forraigne power repugnant to the same And the abolishing of the one and the restoring of the other is the whole and sole cause and occasion of that statute as is more fully exprest in the beginning of that statute where the Lords Spirituall and Temporall and the Commons do all acknowledge that from the 25. yeare of Henry the 8. at which time all forraigne usurped power was by divers good lawes and statutes abolisht and the ancient Ecclesiasticall jurisdiction fully restor'd and united unto the Crowne they were kept in good order and were disburdened of divers great and intollerable charges and axactions untill such time as the aforesaid good laws an Statutes made since the 20. yeare of Henry the eight by one act in the first and second of Philip and Mary were all cleerely repeal'd whereby as they there complaine they were againe brought under an usurped forraigne power and yet remaine in that bondage to their intolerable charges if some releife be not had and provided and thereupon they supplicate that both the foresaid statute of repeale may be repealed and the foresaid good laws and Statutes for abolishing all forraigne usurped power and for restoring the ancient Ecclesiasticall jurisdiction unto the Crowne may be revived In all which there is not any one word spoken against the Ordinary jurisdiction but onely against forraigne usurped power and this being the onely greivance and the totall occasion of that law must direct us in the interpretation of that law for occasio legis indicat mentem legislatoris sensum legis Secondly by the oath of Supremacy extant in the same statute and made for the same purpose namely to abolish all forraigne power repugnant to the jurisdiction of the Crowne not to abolish the ordinary jurisdiction which is subordinate unto it Thirdly by those generall wordes wherein the Kings jurisdiction is exprest namely by these wordes all errors heresies schismes faults offences enormities which last word doth and must qualifie all the rest and doth shew that by those wordes
former statute being convict therfore he is liable to be fin'd and imprison'd at the Kings pleasure And beside both he and they that obey him and they that assist him and they that pleade or argue for him and they that give sentence or judgement with him doe all violate the oath of supremacy for by that oath they are all bound to the utmost of their power to assist defend all jurisdictions of the Crowne and they to the utmost of their power doe overthrow and betray the auntient jurisdiction of the crowne over the state Ecclesiasticall But this is not my case my Lord for I am not a licenced Preacher neither was I when this controversie first began and the Defendants confesse so much in their plea the fift Article neither could I since procure a licence of them though I sued unto them twice for it and they both in their Articles and sentence extant in their plea confesse me to be sufficiently qualified for a licensed preacher And therefore I then was and am now forbidden to preach or expound any Scripture in mine owne cure or elsewhere by the 36. 49. and 52. canons Now these Canons my Lord were made by a provinciall Synod call'd together by the Kings writ and they were afterwards confirmed by his Majesties Letters Patents out of his prerogative royall His Majestie therein straightly chargeth all his loving subjects of both provinces to keepe and observe all those Canons in every point wherein they doe or may concerne every or any of them and hee doth likewise charge all Archbishops Bishops and all others that exercise any Ecclesiasticall authority within this Realme to see and procure that all within their jurisdictions doe observe and keepe them in the former manner So that his Majesty doth charge mee being no licensed preacher to keepe and observe the former canons which forbid me to preach in mine owne cure or elsewhere and doth likewise charge the Arch-deacon Bishop and Arch-bishop of Canterbury to see and procure that I doe observe them And to the intent that both clergy and laity may the better observe them his Majesty chargeth all incumbents to read them publickely in their owne Churches to their owne people once every yeere Now can the Arch-deacon or any other prelate by canonicall obedience command me to preach contrary to these canons No surely canonicall obedience is such obedience as the canons require but this is contrary to the canons and therefore is arbitrary obedience and the worst part or kind of Arbitrary obedience namely anticanonicall or contracanonicall obedience What then am I to doe in this case For this is my case my Lord am I to obey the (h) Contumax est qui bene intelligit Canones praecipientes contrarium tamen non vult eis obedire sed scienter contrafacit Vnde contumax idem est quod superbus iniuriosus repugnans contemnens sive in obediens secundum Ianuensium Lyndewode Prov. lib. 1. tit de Saera unctione Cap. cum sacri verb. contumaci See Bishop Whites Treatise of the Sabbath day pag. 99. 100. 101. 102. 103. concerning of Ecclesiasticall precepts and constitutions with the marnall notes canons his Majesties letters patents his royull prerogative a royall prerogative invested in the crowne by God himselfe acknowledged by article by statute by canon nay a royall prerogative which every one that hath taken the oath of supremacy as I have done is sworne to the utmost of his power to defend and mainetaine or am I to obey the Arch-deacons Apocryphall uncanonicall anticanonicall antidiplomaticall antiprerogative antisuprematicall postscript private letter or message contrary to all the former This question my Lord is as if a man should aske which is highest heaven or earth lightest day or night largest the circumference or center greatest the whole or a part And therefore at the very first hearing without any discourse at all even by the inbred light that is in it it may be resolved Yet seeing my adversaries do (i) But in particuler for that which first caused and now continues the losse of unity in the Churh of Christ as I make no doubt but that the pride of men is one cause so yet can I not think that pride is the adaequate and sole cause thereof But in part pride caused it pride on all sides Pride in some that would not at first nor will not since submit their private iudgements where with good conscience they may and ought and pride in others that would not first nor will yet mend manifest great and dangerous errours which withall good conscience they ought to doe But it is not Pride not to submit to knowne and grosse errours My Lords Grace of Cant. Archbishop Laud in his relation of the conference betweene his Grace and Master Fisher the Iesuite Parag. 38. Numb 24. wilfully oppose the evident truth of Gods word of the articles statutes canons of his Majesties letters patents royall prerogative and cath of supremacy which are as cleere in this my case and as easie to be discerned as the light of the sunne the heate of the fire the weight of the earth and the water of the Sea By your Lordships favour I will presume to adde light to the sunne heate to the fire weight to the earth and water to the sea and by some few texts of law endeavour to make that more cleere which is of it selfe most cleere Felinus de rescriptis cap. si quando gives this rule Subditi debent resistere praelato legem ignoranti instruendo eum multo magis legem violanti maxime vero legem conculcanti And if this rule be a good rule then the 36. 49. and 52. canons made by a provinciall synode for the lawfully authority of a Bishop over a Presbyter according to Gods word and the uniforme practise of the Christian Church for 1500. yeeres after Christ confirmed by his Majesties letters patents out of his prerogative royal are to be prefer'd before the Arch-deacons apocryphall uncanonicaIl anticanonicall antidiplomaticall antiprerogative antisuprematicall postscript private letter and message And then I have done well the Arch-deacon the defendants the Honourable Court of high Commission your Lordship this court the Barons of the Exchequer and the Lords of the counsell have all done ill Hostiensis gives this rule si quid praecipit praelatus quod canonicis obviat institutis non est obediendum sed resistendum 3. Lib. summae tit de maioritate obedientia Provinc lib. 2. tit de Appellat cap. In concilio Oxoniensi verbis statutum Huius statuti And if this rule be a good rule then c. Lyndewode gave this rule nihil potest statuere Episcopus contra canones nec inferior tollere legem superioris And if this rule be a good rule then c. * In consultationibus Martinus ab Aspilcueta Doctor Navarrus gives this rule Non est obediendum vni superiori cum superior eius contrarium praecipit And
if this rule be a good rule then c. * Loco praeallegato Decretal lib. 1. tit 2. De constitut cap. 1. Hostiensis againe gives this rule cum duo domini contraria iubent maiori est obediendum minori resistendum And if this rule be a good rule then c. The body of the Canon law gives this rule Canonum statuta ab omnibus custodiantur nemo in actionibus vel iudiciis Ecclesiasticis suo sensu sed eorum authoritate ducatur and if this rule be a good rule then c. Bellarmine gives this rule Lib. 2. De concil cap. 8. parag Alii dicunt Concilitum Nisi manifestissime constet intolerabilem errorem committi parag 33. numb 3. as it is well expressed by my most reverend Diaecesen and provinciall my Lords Grace of Cant. in his relation of the conference betweene his Grace and Master Fisher the Jesuite in these words Inferiours may not judge whether their superiours and that in a Councell doe proceede lawfully or not unlesse it manifestly appeare that an intollerable error be committed And this caution or exception that an intollerable error doe first manifestly appeare doth free Bellarmine from inclining to a private (k) 2 Pet. 1.20.21 Knowing this first that no Prophecy of Scripture is of any private interpretation for the Prophesie came not in old time by the will of man but holy men of God spake as they were moved by the Holy Ghost An interpretation may bee private ratione personae and yet more then private ratione medii spirit as his Grace doth seeme there to imploy And if this rule bee a good rule then c. and have all inclind to a private spirit Parag. 33. Numb 4. Againe my most reverend Diaecesan and Provinciall my Lords Grace of Cant. in his forecited treatise gives this rule The Church is never more cunningly abused then when out of this truth that she may erre men inferre this falsehood that she is not to be obeyed For it will never follow shee may erre therefore shee may not governe For he that saies obey them which have the rule over you and submit your selves for they watch for your soules Heb. 13. commands obedience and expressely ascribes rule to the Church And this is not onely a pastorall power to teach and direct but a praetorian also to correct and censure too where errors or crimes are against points fundamentall or of great consequence else Saint Paul would not have given the rule for Excommunication 1 Cor. 5. Nor Christ himselfe have put the man that will not heare and obey the Church into the place and condition of an Ethnicke and a Publican as hee doth Saint Mat. 18. And Solomons rule is generall and he hath it twice My sonne forsake not the teaching or instruction of thy mother Now this is either spoken and meant of a naturall mother and her authority over her children is confirmed Ecclesiasticus 3. And the foole will be upon him that dispiseth her Prov. 15. Or it is extended to our mysticall and spirituall mother the Church and so the Geneva note upon the place expresses it and I cannot but incline to this opinion saies his Grace because the blessings which accompanie this obedience are so many and great as that they are not like to bee the fruits of obedience to a naturall mother only as Solomon expresses them all Prov. 6. In all which here is no exception of a mothers erring Hitherto my Lords Grace verbatim Now my Lord I demand which best deserves the name of Church and of spirituall Mother A provinciall Synod or an handfull of men in the high Commission Court sitting Judges in their owne cause wherein they are all parties surely a provinciall Synod And if this rule bee a good rule then c. and have all to use his Graces owne words followed the swinge and whirlewind of a private spirit Contra fund Cap. 4. Saint August gives this rule and my most reverend Diaecesan provinciall my Lords Grace of Cant. in his forecited treatise renders it thus Parag. 33. Consideration 5. numb 2. Consent of nations authority confirmed by miracles and antiquity Saint Peters Chaire and succession from it must not hold me saith Saint August against demonstration of the truth which if it bee so clearely demonstrated that it can not come into doubt it is to be prefer'd before all those things by which a man is held in the Catholicke Church Therefore saies his Grace an Evident Scripture or demonstration (l) An argument necessary and demonstrative is such as being proposed to any man and understood the minde cannot chuse but inwardly assent unto it parag 33. Consider 5. numb 1. out of Hookers preface pag. 29. of trueth must take place every where but where these cannot be had there must be submission to authority And if this rule bee a good rule then c. and have all followed the wildnesse of a private spirit Solomon Prov. 28.4 gives this rule They that forsake the law praise the wicked but they that keepe the law contend with them and if this rule be a good rule then c. Saint Peter 1. Epist 2. cap. 13. and 14. verse gives this rule Submit your selves to every ordinance of man for the Lordes sake whether it be unto the King as the supreame or to governours as them that are sent of him First to the King then to governours first to the supreme then to the subordinate for so saith Saint Peter is the will of God that by well doing yee might put to silence the ignorance of foolish men It is then the will of God the word of God and a good worke to preferre the King the supreme before Governours the subordinate and they that maintaine the contrary are ignorant and foolish men saith Saint Peter In which wordes Saint Peter is very bold with his pretended successour the Pope and with all those who being subjects doe with that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Advance themselves above before their owne Soveraignes for he calls them all in expresse tearmes ignorant and foolish men and if this rule c. But were there no other rule my Lord but canonicall obedience onely which my adversaries by abusing it against mee have thrust into my hand that were enough to decide this question for canonicall obedience is such obedience as the canons require and if this rule be a good rule then the canons are to be prefer'd before the Arch-deacons uncanonicall and anticanonicall postscript private letter and message and then I have done well and the Arch-deacon the defendants and the Honorable Court of high Commission your Lordship this Court the Barons of the Exchequer and the Lords of the counsell have done ill So that now canonicall obedience which the defendants have abused as a net to insnare mee and a buckler to defend themselves being rightly understood prooves an engine to deliver mee and a net to entrap
alligare raine in God and his jurisdiction and when ye doe all in the former manner regi jugum onus imponere put a yoake and a burden upon the King ye doe all eo ipso Deo jugum onus imponere put a yoke and burden upon God himselfe And how neere this comes to the cheife * D. Downeham of Anti-Christ 1. Book 5. chap. character of the man of sinne who exalts himselfe above all that is called God above God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 above God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 above God by nature above God by deputation above God and Gods immediate Deputy the King I leave it to your Lordship and the Court as it was then to inquire onely not determine because in this case ye are all both parties and offenders and in both those respects incompetent Judges But now my Lord in the last place let us see whether Sir Henry Martines argument be not directly contrary to the fift commandement to the very text whence it is taken The question is whose duty it is to Preach the Archdeacons visitation sermon the Archdeacons or the incumbents Sir Henry Martin out of the fift commandement would prove it the incumbents duty to preach the Archdeacons visitation sermon and not the Archdeacons because the Archdeacon is the incumbents spirituall father and the incumbents are the Archdeacons spirituall sonnes and by the fift commandement the spirituall sonne is to teach the spirituall father and not the spirituall father his spirituall sonnes and therefore by the fift commandement the incumbents and not the Archdeacon are to Preach the Archdeacons visitation Sermon Confutatio 5 For answer hereunto it is certaine my Lord that the fift commandement speakes primarily and literally of naturall fathers and naturall sonnes and by consequence and analogy of spirituall fathers and spirituall sonnes and then if by the fift commandement it be the duty of the naturall father to teach the naturall sonne then by consequence analogy it is the duty of the spirituall father to teach the spirituall son if by the fift commandement it be the duty of the naturall son to teach the naturall father then by consequence and analogie it is the duty of the spirituall sonne to teach the spirituall father The tenne Commandements for their brevity are called ten words Deut. 4. and for that reason in Greeke the decalogue and therefore if any thing bee obscure and darke in them it is to be cleared out of the larger commentaries of Moses the prophets and the Apostles let us then see how these divine commentators resolve this question betweene the naturall father and the naturall son and between the spirituall father and the spirituall son In the 6. and 11. chapters of Deut. God commandeth the Israelites to lay up his words in their hearts and to teach them their children when they sit in their houses and when they walke by the way and when they lye downe and when they rise up and Proverbs 1. Solomon saith my sonne heare thy fathers instruction and forsake not thy mothers teaching and Ephesians the sixt chap. Saint Paul sayes Ye fathers provoke not your children to wrath 11. verse but bring them up in the instruction and information of the Lord and in the first Epistle to Tim. 2. chap. the same Apostle delivereth one text which decides the question betweene all kindes of faâ—hers and all kindes of sonnes I permit not saith hee a woman to teach 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nor to exercise or usurpe authority over the man whence it appeares that they are to teach others who have authority over others and then the naturall father is to teach the naturall sonne the spirituall father the spirituall sonne the aeconomicall father the master of the family the aeconomicall son the Magistrate the politick father the politicke sonne and not on the contrary and Saint Paul of purpose as it were interpreting the fift commandement makes this one reason why the spirituall sonne is to honour his spirituall father Let the Elders that rule well be accounted worthy of double honour especially they that labour in the word and Doctrine 1 Tim. 5. and in this very thing consists the spirituall paternity and filiation 17. verse they are both wrought by the spirituall seede of Gods word the spirituall father begets and the spirituall son is begotten by the spirituall seede of Gods word Saint Paul telles the Corinthians I write not these things to shame you but as my beloved children I admonish you for though you have ten thousand instructors in Christ yet ye have not many fathers for in Christ Iesus I have begotten you through the Gospel 1 Cor. 4. and to the Gal. he saith my little children of whom I travaile in birth againe untill Christ be formed in you 14.15 verse Gal. 4.19 and how is that done why by preaching the Gospel Gal. 3.1 And therefore my Lord seeing Sir Henry Martin by his chimicall interpretation will extract the contrary out of the fift commandement make it every spirituall sonnes duty to teach his spirituall father the Parishioners duty to teach the incumbents the incumbents duty to teach the Archdeacon the Archdeacons duty to teach the Bishop the Bishops duty to teach the Archbishop the Archbishops duty to teach the Patriarches the Patriarches duty to teach the Apostles the Apostles duty to teach Christ and Christs duty to teach God I thinke I may truly say that Sir Henry Martin hath found out that in this commandement which God never put into it just as Anah found out Mules in the wildernesse as hee kept his father Zibeons Asses Gen. 36. the one found out a creature which God never made the other a sence which God never intended And therefore seeing so eminent a man so transcendent a lawyer who was vox legis lex legis rex legis and Deus legis a kind of omnipotent Lawyer who could creare legem de non sege annihilare legem in non legem could not yet find out any one good argument either in the civill or canon Law no nor in the word of God neither nisi afferat sensum ad scripturam and such a sence as is repugnant both to the analogy of the place and of faith too I thinke it is more than probable that neither the canon civill or divine law will afford my adversaries any one good argument against me in this whole controversie The second Argument The Defendants second Argument my Lord is taken from custome they say it is the custome that the Incumbents should preach the Arch-deacons Visitation Sermon And this they say both in their third Article and in the first part of their first finall sentence extant in their Plea And in speeding the Commission at Canterbury they brought up ten or twelve Processes to prove this custome But after they had brought them up they durst not so much as shew them either at informations or at the finall hearing of the