holy Church and of his grace and bounty he will confirme all those liberties priviledges and rights granted and given by him and his noble Progenitors to the Church by their Charters which plainly sheweth that they have their Episcopall Jurisdiction from the Kings of England and not Iure divino by divine right and this likewise is acknowledged by themselves in the Statute of 37. H. 8. cap. 17. that they have their Episcopall jurisdiction and all other Ecclesiasticall jurisdiction whatsoever solely and onely by from and under the King The second thing that is trenching upon the Crowne is this that it is holden at this day that Episcopacy is inseparable to the Crowne of England and therefore it is commonly now said No Bishop no King no Miter no Scepter which I utterly deny for it is plaine and apparant that the Kings of England were long before Bishops and have a subsistance without them and have done and may still depose them The third is likewise considerable as trenching upon the Crowne which is that was said under the Gallery that Episcopacy was a third estate in Parliament and therefore the King and Parliament could not be without them This I utterly deny for there are three estates without them as namely the King who is the first estate the Lords Temporall the second and the Commons the third and I know no fourth estate Besides the Kings of England have had many Parliaments wherein there have beene no Bishops at all as for example Ed. 1.24 of his reigne held his Parliament at Edmundbury excluso Clero and in the Parliament 7. R. 2. c. 3. 7. R. 2. c. 12. it doth appeare that they were enacted by the King with the assent and agreement of the Lords Temporall and Commons where the estates of Parliamen are mentioned and not the Clergie Divers other statutes might likewise be named to this purpose which I omit The fourth and last thing is of the Bishops holding of the Ecclesiasticall Courts in their owne names and not in the name of the King nor by Commission from him contrary to the Statute of 1 Edw. 6. cap. 2. and contrary to the practice of Bishop Ridley Coverdale and Ponnet who tooke Commissions from the KING for holding their Ecclesiasticall Courts as may be seene at this day in the Rolles And although it will be objected that by a late Proclamation in the yeare of our Lord God 1637. wherein the opinion of the Iudges mentioned it is declared upon their opinion that the act of 1 Edw. 6. was repealed and that Bishops may now keep Courts in their owne names and send processe under their owne Seales yet it is well knowne that the Statute of 1 Q. Mary which repealed the Statute of 1 Ed. 6. was it selfe repealed by the Statute of 1 Iac. cap 25. Whereupon it was holden upon a full debate of this poynt in Parliament 7 Iac. which I have seene that upon consideration of the Statutes of 1 Iac. and 1. Eliz. cap 1. and 8 Eliz. cap. 1. that the Statute of 1 Ed. 6. was revived and that Bishops ought not to keepe Courts in their owne names So that for these reasons so nearely concerning the right of the Crowne of England in the poynt of Episcopacy I am against the proposall of that question and am for the retaining of the London Petition and for a thorow Reformation of all abuses and grievances of Episcopacy mentioned in the Ministers Remonstrance which Reformation may perhaps serve the turne without alteration of the Government of England into a forme of Presbytery as it is in other Kingdomes of Scotland France Genâ—va and the Low Countries which for mine owne part had I lived in these Kingdomes I should have bin of the opinion of the Protestant party in point of Presbytery because those Kingdomes are governed by the Civill Law which maintaines the jurisdiction of the Pope and Papall Episcopacy which the ancient Lawes of England condemne being likewise in themselves opposite to the Civill and Canon Lawes And if notwithstanding all the Reformation that can be made by the Lawes of this Land a better forme of government may evidently appeare to us concerning which there is no forme now before us it is to be taken by us into consideration according to that imperiall Constitution in these words In rebus nobis constituendis evidens utilitas esse debet ut ab eo jure recedatur quod diu aequum visum est And so Mr. Speaker I shortly conclude that for these Reasons omitting divers more the London Petition is to be retained The Speeches of Sir Benjamin Rudyer in the High Court of Parliament Mr. Speaker WEe are here assembled to doe Gods businesse and the Kings in which our owne is included as wee are Christians as wee are Subjects Let us first feare GOD then shall wee honour the King the more for I am afrayd wee have beene the lesse prosperous in Parliaments because wee have preferred other matters before Him Let Religion be our Primum Quarite for all things else are but Etcaetera's to it yet we may have them too sooner and surer if wee give God his precedence We well know what disturbance hath been brought upon the Church for vain petty trifles How the whole Church the whole Kingdome hath beene troubled where to place a Metaphor an Altar Wee have seene Ministers their Wives Children and Families undone against Law against Conscience against all Bowells of Compassion about not dancing upon Sundayes What doe these sort of men think will become of themselves when the Master of the house shall come and finde them thus beating their fellow servants These Inventions were but Sives made of purpose to winnow the best men and that 's the Devills occupation They have a minde to worry preaching for I never yet heard of any but diligent preachers that were vext with these and the like devices They despise prophesie and as one said They would faine be at something were like the Masse that will not bite A muzzl'd Religion They would evaporate and dis-spirit the power and vigour of Religion by drawing it out into solemne specious formalities into obsolete antiquated Ceremonies new furbish'd up And this belike is the good worke in hand which Dr. Heylin hath so often celebrated in his bold Pamphlets All their Acts and actions are so full of mixtures involutions and complications as nothing is cleare nothing sincere in any of their proceedings Let them not say that these are the perverse suspitious malicious interpretations of some few factious Spirits amongst us when a Romanist hath bragged and congratulated in print That the face of our Church begins to alter the Language of our Religion to change And Sancta Clara hath published That if a Synod were held Non intermixtis Puritanis setting Puritanes aside our Articles and their Religion would soone be agreed They have so brought it to passe that under the name of Puritans all our Religion is branded and under
seemes to be this particular case yet seeing that I am pressed by both Houses to give way to his because I will avoid the inconveniencie of giving so great discontent to my people as I conceive this Mercy may produce therefore I doe remit this particular Cause to both the Houses But I desire them to take into their consideration the inconveniencies as I conceive may upon this occasion fall upon my Subjects and other Protestants abroad especially since it may seeme to other States to be a severity which surprise having thus represented I think my selfe discharged from all ill consequence that may ensue upon the execution of this person FINIS To the Right Honourable the Commons House of Parliament The humble Petition of many of his Majesties Subjects in and about the Citie of London and severall Counties of the Kingdome THat wheras the government of Archbishops and Lord-Bishops Deanes and Archdeacons c. with their Courts and ministrations in them hath proved prejudiciall and very dangerous both to the Church and Common-wealth they themselves having formerly held that they have their jurisdiction or authority of humane Authority till of these later times being further perused about the unlawfulnesse that they have claymed their calling immediatly from the Lord JESVS CHRIST which is against the Lawes of this Kingdome and Derogatory to his Majestie and his State Royall And whereas the said government is found by wofull experience to be a maine cause and occasion of many foule evils pressures and grievance of a very high nature unto his Majesties Subjects in their owne Consciences liberties and â—st tes as in a Shedule of particulars hereunto annexed may in part appeare We therefore most humbly pray and beseech this Honourable Assembly the premisses considered that the said government with all its dependâ—nces roots and branches may be abolished and all lawes in their behalfe made voyd and the government according to Gods word may be rightly placed among us and we your humble Supplyants as in duty we are bound will daily pray for his Majesties long and happy raigne over us and for the prosperous successe of this High and Honourable Court of Parliament c. A Particular of the manifold Evils Pressures and Grievances caused practized and occasioned by the Prelates and their Dependants I. FIrst the subjecting and enclining all Ministers under them and their Authority and so by degrees exempting of them from the Temporall power whence followes II. The faint-heartednesse of Ministers to preach the truth of God lest they should displease the Prelates as namely the Doctrine of Predestination of Free-grace of Perseverance of Originall sinne remaining after Baptisme of the Sabbath the Doctrine against universall Grace Election for Faith fore-seene Free-will against Antichrist non-Residents humane Inventions of Gods worship all which are generally with-held from the peoples knowledge because not relishing to the Bishops III. The encouragement of Ministers to despise the temporall Magistracie the Nobles and Gentry of the Land to abuse the Subjects live contentiously with their neighbours knowing that they being the Bishops creatures they shall be supported IV. The restraint of many godly and able men from the Ministry and thrusting out of many Congregations their faithfull diligent and powerfull Ministers who lived peaceably with them and did them good onely because they cannot in Conscience submit unto and maintaine the Bishops needlesse devices nay sometimes for no other cause but for their zeale in Preaching or great Auditories V. The suppressing of that godly Designe set on foot by certaine Sects and sugred with many great gifts by sundry well-affected persons for the buying of Impropriations and placing of able Ministers in them maintaining of Lectures and founding of Free Schooles which the Prelates could not endure lest it should darken their glories and draw the Ministers from their dependance upon them VI. The great encrease of idle lewd and dissolute ignorant and erroneous men in the Ministry which swarme like the Locusts of Egypt over the whole Kingdome and will they but weare a Canonicall Coat a Surplisse a Hood bow at the name of JESVS and be zealous of Superstitious Ceremonies they may live as they list confront whom they please preach and vent what errours they will and neglect preaching at their pleasures without controule VII The discouragement of many from bringing up their Children in learning the many Schismes errors and strange opinions which are in the Church great Corruptions which are in the Universities the grosse and lamentable ignorance almost every where among the people the want of preaching Ministers in very many places both of England Wales the loathing of the Ministry and the generall defection to all manner of prophanenesse VIII The swarming of lascivious idle and unprofitable Books and Pamphlets Play-books and Ballads as namely Ovids fits of Love the Parliament of Women came out at the dissolving of the last Parliament Barnes Poems Parkers Ballads in disgrace of Religion to the encrease of all vice and withdrawing of people from reading studying and hearing the word of God and other good Books IX The hindring of godly Books to be Printed the blotting out or perverting those which they suffer all or most of that which strikes either at Poperie or Arminianisme the adding of what or where pleaseth them and the restraints of reprinting Books formerly lycensed without relycensing X. The publishing and venting of Popish Arminian and other dangerous Books and Tenets as namely that the Church of Rome is a true Church and in the worst times never erred in Fundamentals that the Subjects have no propriety in their Estates but that the King may take from them what hee pleaseth that all is the Kings and that he is bound by no Law and many other from the former whereof hath sprang XI The growth of Popery and encrease of Papists Priests and Jesuits in sundry places but especially about London since the Reformation the frequent venting of Crucifixes and Pop sh Pictures both engraven and printed and the placing of such in Bibles XII The multitude of Monopolies and Pattents drawing with them innumerable Perjuries the large encrease of Customes and Impositions upon Commodities the Ship-monies and many other great burthens upon the Common-wealth under which all groane XIII Moreover the Offices and Jurisdictions of Arch-bishopâ— lord-Lord-Bishops Deanes Arch-Deacons being the same way of Church Government which is in the Romish Church and which was in England in the time of Poperie little change thereof being made except onely the head from whence it was derived the same Arguments supporting the Pope which doe uphold the Prelates and overthrowing the Prelates which doe pull downe the Pope and other reformed Churches having upon their rejection of the Pope cast the Prelates out also as Members of the Beast Hence it is that the Prelates here in England by themselves or their Diciples plead and maintaine that the Pope is not Antichrist and that the Church of Rome is a
God had endowed the Church of England with which God himself hath given by his Law unto the universall Church and in that which the Kings of England by their Charter have bequeathed to the particular Church of England and this we doubt not was the cause that moved Hen. 8. so effectually and powerfully to bend himselfe against the Popes Supremacy usurped at that time over the Church of England for saith the King we will with hazard of life and losse of our Crown uphold and defend in our Realms whatsoever we shall know to be the will of God The Church of God then in England not being free according to the great Charter but in bondage and servitude to the See of Rome contrary to the Law of God the King judged it to stand highly with honour and his Oath to reform redresse and amend the abuses of the same See If then it might please our gracious Soveraign Lord King Charles that now is in Imitation of that his noble Progenitor to vouchsafe an abolishment of all Lordly Primacy executed by Archepiscopall and Episcopall authority over the Ministers of Christ his Highnesse in so doing could no more rightly be charged with the violation of the great Charter then might King Henry the eight with the banishment of the Popish Supremacy or then our late Soveraign Lady Q. Elizabeth could be justly burdened with the breach of her Oath by the Establishment of the Gospell Now if the Kings of England by reason of their Oath were so straitly tied to the words of the great Charter that they might not in any sort have disanulled any supposed Rights or Liberties of the Church used and confirmed by the said Charter unto the Church that then was supposed to be the Church of God in England then be like King Henry 8. might be attainted to have gone against the great Charter and against his Oath when by the overthrow of Abbeys and Monasteries he took away the Rights and Liberties of the Abbots Priers for by expresse words of the great Charter Abbots and Priers had as large and ample a Patent for their Rights and Liberties as our Archbishops and Bishops can at this day challenge for their Primacy If then the Rights and Liberties of the one as being against the Law of God be duely and lawfully taken away notwithstanding any matter clause or sentence contained in the great Charter the other having but little reason by colour of the great Charter to stand upon their pantofles and to contend for their painted sheaves for this is a Rule and Maxime in Gods laws that In omni Juramento semper excipitur authoritas majoris Unlesse then they be able to justifie by the holy scriptures that such Rights and Liberties as they pretend for their spirituall Primacy over the Ministers of Christ be in Deed and Truth inferred unto them by the holy law of God I suppose the Kings Highnesse as successor to Hen. 8. and as most just inheritour of the Crown of England by the words of the great Charter and by his Oath is bound utterly to abolish all Lordly Primacy as hitherto upheld and defended partly by ignorance and partly by an unreasonable and evill Custome My Lord DIGBIES Speech in Parliament 1640. Master Speaker THis happie meeting is to bemoane and redresse the unhappie State of this Common-wealth Let me have I beseech you your leave to give you in a word a short view of our griefes then see whence they flow Our Lawes our liberties our lives and which is the life of all our Religion all which have been by the endeavours of so many Ages secured and made so much our owne can scarce be called ours Our Lawes the only finews and ligeaments of our estates which should run in an even streame are now made to disdaine their bancks and to overflow and drown their fields which they should gently redresse our liberties the very spirit and essence of our weale which should differ us from slaves and speake us English-men are held away by them that even whiles they take them from us cannot but confesse they are our proper dues Are not our lives in danger when an enemy disguised like a friend provoked is as it were suffered because indirectly and in vaine resisted to come almost into our bosomes to rifle some of their goods others of their loyalty which perhaps they could not neither would have touched might we with united force have resisted And lastly which is the soule of all our grievances our Religion which should have beene our Cordiall in all our distempers like a forced Virgin laments ever that her pure innocencie is taken from her and sure all these effects must have their causes That we have just and wise Lawes we may thanke those good Kings that made them the settled exposition of just circumscribed Lawes to binde and defend the Subject That they are so well framed and usefud and to containe enough to make a good King and people be perfect be safe and happie What do we owe to these grave Councellors who sate here before us and that they out-live the malice of some unbounded spirits we are beholding to them that Reprieved them from ruine with their lives and fortunes we call them ours because we are freely born to them as to the Ayre we breath in we claime them and should possesse them under the Protection of our gracious King who is their great Patron and disposes them not inconsiderately but by the advice of those learned expositors of the Lawes the Judges and those whom he trusts to be his great and faithfull Councellors If those pervert the ground and meaning of the Law and contract â—he power of it or make it speake lowder or softer as they themselves are tuned for it the blame should deservedly fall on those mistrusted ministers who are the base betrayers of his Majesties honor and his Peoples right to vindicate which necessitie hath here assembled you Mr. Speaker Is not this offence and m lice as great who should undermine my Tenour and surruptiously deprive me of my evidence by which I held my Inheritance as he who by violence should wrest it from me The Scots we have heard branded as Traytors because they have contrary to the law of Nations and their loyaltie invaded our Kingdome in Arms what other title have they merited who have invaded our Lawes and liberties the precious evidence by which we should freely enjoy our selves and our estates The first we may resist and drive forth by united force and it will be called pietie to the King and Countrie if force be lay'd against the other it will be stiled Rebellion What now remaines but that we should use the Law which because it hath beene inverted and turned against us contrary to its owne naturall and plaine disposition should now right us and it self against our Adversaries Surely the Law is not so weak and improvident to take care for others and never provide
Reprieve him till Satterday May 11th 1641. THis Letter all written with the Kings own hand the Peers this day received in Parliament delivered by the hand of the Prince It was twice read in the House and after serious and sad consideration the House resolved presently to send 12. of the Peers Messengers to the King humbly to signifie that neither of the two intentions expressed in the Letter could with duty in them or without danger to himselfe his dearest Consort the Queene and all the young Princes their Children possibly be advised With all which being done accordingly the reasons shewed to his Maiesty He suffered no more words to come from them but out of the fulnesse of his heart to the observance of Justice and for the contentment of his people told them that what he intended by his Letter was with an if if it may be done without discontentment of his People if that cannot be I say againe the same that I writ fiat justitia My other intention proceeding out of charity for a few dayes respite was upon certain information that his Estate was so distracted that it necessarily required some few dayes for setlement thereof Whereunto the Lords answered their purpose was to be Suitors to his Maiesty for favour to be shewed to his innocent Children and if himselfe had made any provision for them that the same might hold This was well liking to his Maiesty who thereupon departed from the Lords at his Maiesties parting they offered up into his hands the Letter it selfe which he had sent but He was pleased to say my Lords what I have written to you I shall content it be Registred by you in your House In it you see my minde I hope you will use it to my honor This upon returne of the Lords from the King was presently reported to the House by the Lord Privy Seal and ordered that these Lines should go out with the Kings Letter if any copy of the Letter were dispersed THAT BISHOPS ought not to have Votes in PARLIAMENT 1 BEcause it is a very great hinderance to the exercise of their Ministeriall Function 2 Because they doe vow and undertake at their Ordination when they enter into holy Orders that they will give themselves wholly to that Vocation 3. 4 Because Counsells and Canons in severall Ages do forbid them to meddle with secular affairs because 24 Bishops have dependancie on the two Archbishops and because of their Canonicall obedience to them 5 Because they are but for their lives and therefore are not fit to have legislative power over the honors inheritance persons and liberties of others 6 Because of Bishops dependancie and expecting translations to places of great profit 7 That severall Bishops have of late much incroached upon the consciēnces and liberties of the Subjects and they and their Successors will be much incouraged still to incroach and the Subjects will be much discouraged from complaining against such incouragements if 26 of that Order be to be Judges of those complaints the same reason extends to their legislative power in any Bill to passe for the regulation of their power upon any emergent inconveniencie by it 8 Because the whole number of them is interessed to maintaine the jurisdiction of Bishops which hath beene found so grievous to the three Kingdomes that Scotland hath utterly abolished it and multitudes in England and Ireland have petitioned against it 9 Because Bishops being Lords of Parliament it setteth too great a distance betweene them and the rest of their Brethren in the Ministry which occasioneth pride in them discontent in others and disquiet in the Church To their having Votes a long time Answ If inconvenient Time and usage are not to be considered with Law-makers some Abbots voted as anciently in Parliament as Bishops yet are taken away Therefore the Bishops Certificate to plenary of Benefice and loyalty of Marriage the Bill extends not to them For the secular Jurisdictions of the Deane of Westminster the Bishops of Durbam and Ely and the Archbishop of Yorke which they are to execute in their owne persons the former reasons shew the inconveniencies therein For their Temporall Courts and Jurisdictions which are executed by their Temporall Officers the Bill doth not concerne them The Lord Keepers Speech in the Upper House of Parliament Novemb. 3. 1640. My Lords ANd you the Knights Cittizens and Burgesses of the House of Commons you have been summoned by His Majesties Gracious Writ under the great Seal of England and you are here this day assembled for the holding of a Parliament The Writ tels you t is to treat and consult of the High Great and weighty affairs that concern the estate and safety of the Kingdom It tels you true that since the Conquest never was there a time that did more require and pray for the best advice and affection of the English people It is ill viewing of objects by viewing them in multiplying Glasse and it is almost as mischievous in the speech of such a broken Glasse which represents but to the half The onely and the perfect way is to look in a true Mirror I will not take upon me to be a good looker in it I will onely hold it to you to make use of it The Kingdom of England is this multiplying Glasse you may there see a State which hath flourished for divers hundred yeers famous for time of peace and warre glorious at home and ever considerable abroad A Nation to whom never yet any Conqueror gave new Laws nor abolished the old nor would this Nation ever suffer a Conqueror to meddle with their Laws no not the Romanes who yet when as they subdued all the people made it part of the Conquest to leave their Laws in triumph with them For the Saxons Danes and the Normans if this were a time to travell into such particulars it were an easie task to make it appear that it never changed the old established Lawes of England nor ever brought in any new so as you have the frame and constitution of a Common-wealth made glorious by antiquity And it is with States as with persons and families certainly an interrupted pedigree doth give lustre It is glorious in the whole frame wortth your looking upon long and your consideration in every part The King is the head of the Common-wealth the Fountain of Justice the life of the Law He is anima deliciae legis Behold Him in His glorious Ancestors that have so swayed the Scepter of the Kingdome Behold Him in the high attributes and the great prerogatives which so ancient and unalterable Laws have given and invested him with Behold Him in the happy times that we have so long lived under His Monarchiall government For His excellent Majesty that now is our most Gratious Soveraign you had need wipe the Glasse and wipe your eyes and then you shall truely behold him a King of exemplary Pietie and Justice and a King of rare endowments and
made but my Oath once being taken doth binde mee in all places and in all conditions so long as I live Thus much I thought good to speake concerning the power of imposing new Oathes as to the matter of this new Oath it is wholly illegall Jt is against the Law of this Land it is against the Law and light of Nature it is against the Law of God it is against the Lawes of this Kingdome and that no obscure Lawes nor concerning any meane or petty matters It is against the Law of the Kings Supremacy in that it maketh Arch-bishops Bishops Deanes Arch-Deacons c. to bee jure Divino whereas the Law of this Land hath annexed to the Imperiall Crowne of this Realme not onely all Ecclesiasticall Iurisdiction but also all superioritie over the Ecclesiasticall State and it is to bee derived from him by Câ—mmission under the Great Seale and consequently it is Jure humano Again it is against the Oath of Supremacy established by Law poynt blanke for therein I am sworne not onely to consent unto but also to assist and to the uttermost of my power to defend all Iurisdictions Preheminences c. anneâ—ed to the Imperiall Crowne of this Realme of which this is one and that which immediately precedeth this Oath in the Statute and whereunto it doth especially relate That his Majesty may exercise any Iurisdictions or Ecclesiasticall Government by his Commission under the great Seale directed to such persons as he shall thin 〈◊〉 meet so that if he shall thinke other persons more meet then Arch-bishops Bishops c. I am sworne in the Oath of Supremacy not onely to assent thereunto but to assist and to the uttermost of my power to defend such an appoyntment of his Majesty and in this new Oath I shall swear never to consent unto such an alteration In the like manner it is against the Law and Light of Nature that a man should sweare to answer c. to he knowes not what It is against the Law and light of Nature that a man should sweare never to consent to alter a thing that in its owne nature is alterable and may prove inconvenient and fit to bee altered Lastly it is against the Law of God for whereas there are three rules prescribed to him that will sweare aright that he sweare in Iudgement in Truth and righteousnesse hee that shall take this new Oath must needs breake all these three Rules He cannot sweare in Iudgement because this Oath is so full of ambiguities that he cannot tell what he sweares unto not to speak of the unextricable ambiguity of the c. There is scarce one word that is not ambiguous in the principall parts of the Oath as first What is meant by the Church of England whether all the Christians in England or wherher the Clergie onely or onely the Arch-Bishop Bishops Deanes c. Or whether the Convocation or what In like manner it is as doubtfull what is meant by the Discipline and what by the Dotirine of the Church of England for what some call Superstitions Innovations if others affirme to be consonant to the Primitive and that the purest Reformation in the time of Edward the 6. and in the beginning of the Reigne of Queene Elizabeth and so for the Doctrine of the Church of England if all the Positions that of later yeares have beene challenged by some of Divines to bee Arminian and Popish and contrary to the Articles of our Religion and which on the other side have beene asserted and maintained as consonant to the Doctrine of our Church and if the Articles of Religion were gathered together they might make a pretty volume Nay Sancta Clara will maintaine it in despight of the Puritanes that the Doctrine of the Church of Rome is the Doctrine of the Church of England Truely it were very fit that wee knew what were the Doctrine and Discipline of the Church of England before we sweare to it and then Sir give me leave to say that I should be very loath to sweare to the Discipline or to the Doctrine and Tenents of the purest Church in the World as they are collected by them farther than they agree with the Holy Scriptures Lastly it is as doubtfull what is meant by the Doctrine and Discipline established and what by altering consenting to alter whether that is accompted or established which is estalished by a Act of ParliameÌ„t or wether that also that is established by Canons Injunctions c. and whether it shall not extend to that which is published by our Divines with the allowance of authority so for consenting to alter whether it be only meant that a man shall not bee active in altering or whether it extend to any consent and so that a man shall not submit to it nor accept of it being altered by the State More ambiguities might be shewne but these are enough to make it cleare that hee that shall tâ—k this Oath cannot sweare in Iudgement Nor can he sweare in Truth for it is full of untruths It is not true that Discipline is necessary to salvation It is not true that Arch-Bishops Bishops Deanes Arch-Deacons c. are jure Divino as they must needs bee if the Law-mamakers ought of right to establish them as they are established for the Law-makers are not bound as of right to frame their Lawes to any other than the Lawes of God alone Now whether Bishâ—ps be jure Divino we know it is a dispute among the Papists and never did any Protestant hold it till of late yeares but that Arch-bishops Deanes Arch-Deacons c. should be jure Divino I doe not know that ever any Christian held it before and yet he that taketh this Oath must sweare it Lastly as hee that taketh this Oath cannot sweare in Iudgement nor in Truth so neither can hee sweare in Righteousnesse for it is full of unrighteousnâ—sse being indeed as hath beene well opened a Covenant in effect against the King and Kingdome for if the whole State should finde it necessary to alter the Government by Arch-Bishops Bishop c a great part of the Kingdome especially of the Gentry for not onely the Clergy but all that take Degrees in the Vniversities are bound to take it will be preingaged not to consent to it or admit of it Againe it is a great wrong to those that shall bee Parliament-men that their freedome shall be taken away being bound up by an Oath not to coâ—sent to the altering of a thing which it may befit and proper for a Parliament to alter And suppose that for the present it bee no hinderance to the service of God nor yet burdensome to the King and Kingdome yet if it should prove so hereafter for a man to bee bound by an Oath never to consent to alter it may bee a great wrong to God in his service and to the King and Kingdome in their peace and welfare and therefore this Oath cannot be taken in
Speaker who can frame an argument aright unlesse he can tell against what he is to argue Would you confute the Convocation-house they were a holy Synod they were Commissioners will you dispute their Commission they will mingle all power together and perhaps answer they were something else that we neither knew nor imagined unlesse they would unriddle themselves and owne what they were wee may prosecute non-concludent Arguments Mr. Speaker I have conferred with some of the Founders of those Canons but I professe here that I could never meet with any one of that assembly who could well answer to that first question of the Catechisme What is your name Alas they were parted before they knew what they were when they were together The summe of all the severall answers that I have received do all together amount unto this They were a Convocationall Synodicall Assembly of Commissioners Indeed a threefold Chaemera a Monster to our Lawes a Cerberus to our Religion A strange Commission where no Commissioners name is to be found A strange Convocation that lived when the Parliament was dead A strange holy Synod when the one part never saw nor conferred with the other But indeed there needed no conference if it be true of these Cannons which I read of the former Quis nescit Canones Lambethae formari priusquam in Synode ventilentur Well Mr. Speaker they have Innovated upon us wee may say it is Lex talionis to Innovate upon them and so I hope we shortly shall doe In the meane time my humble motion is that every member of that assembly who voted their Cannons may come severally to the Barre of this House with a Book of Cannons in his hand and there unlesse he can answer that Catechisme question as I called it better then I expect he can conceptis verbis in such expresse termes as this honourable house shall then think fit he shall abjure his owne Issue and be commanded to give fire to his owne Canons And this motion I take to be just The fourth Speech of Sir Edward Deering Concerning the Arch-Bishop and divers other Grievances Mr. Speaker YEsterday we did regulate the most important businesse before us and gave them motion so that our great and weighty affaires are now on their feet in their progresse journying on towards their several periods where some I hope will finde their latest home Yet among all these I observe one a very maine one to sleepe sine die give me leave to awaken it it is a businesse of an immense weight and worth such as deserves our best care and most severe circumspection I meane the Grand Petition long since given in by many thousand Citizens against the domineering Clergy Wherein for my part although I cannot approve of all that is presented unto you yet I do clearely professe that a great part of it nay the greatest part thereof is so well grounded that my heart goes cheerefully along therewith It seemes that my Countrey for which I have the honour to serve is of the same minde and least you should thinke that all faults are included within the walls of Troy they will shew you Iliacos intra muros peccatur extrae The same grievances which the City groanes under are provinciall unto us and I much feare they are Nationall among us all The pride the avarice the ambition and oppression by our ruling Clergie is Epidemicall it hath infected them all There is not any or scarce any of them who is not practicall in their own great cause in hand which they impiously doe mis call the Piety of the times but in truth so wrong a Piety that I am bold to say In facinus jurasse putes Here in this Petition is the disease represented here is the cure intreated The number of your Petitioners is considerable being above five and twenty hundred names and would have been foure times as many if that were thought materiall The matter in the Petition is of high import but your Petitioners themselves are all of them quiet and silent at their owne houses humbly expecting and praying the resolution of this great Senate upon these their earnest and thrice hearty desires Here is no noyse no numbers at your doore they will be neither your trouble nor your jealousie for I doe not know of any one of them this day in the towne so much they doe affie in the justice of their Petition and in the goodnesse of this house If now you want any of them here to make avowance of their Petition I am their servant I doe appeare for them and for my selfe and am ready to avow this Petition in their names and in my owne Nothing doubting but fully confident that I may justly say of the present usage of the Hierarchy in the Church of England as once the Pope Pope Adrian as I remember said of the Clergy in his time A vertice capitis ad plantam pedis nihil est sanum in toto ordine Ecclesiastico I beseech you read the Petition regard us and relieve us Master BAGSHAWES Speech in Parliament Febr. 9 th 1640. Concerning Episcopacy and the London Petition Mr. Speaker I Was yesterday and the time before for the retaining of the London Petition and am in the same minde still and therefore doe now rise up against the proposall of that question which is now called for Whether Episcopacy it selfe be to be taken into consideration by the Committee wherein I doe distinguish of a twofold Episcopacy the first in Statu puro as it was in the Primitive times the second in Statu corrupto as it is at this day and is so intended and meant in the London Petition Now I hold that Epistopacy in this latter sence is to be taken into consideration as a thing that trencheth not onely upon the right and liberties of the Subject of which I shall have occasion to speake hereafter But as it is now it trencheth upon the Crowne of England in these foure particulars wherein in I know this House will willingly heare me First it is maintained by the Bishop of Exeter in a Booke which he hath writ to this purpose that Episcopacy it selfe both in the office and in the jurisdiction is de Iure Divino of Divine right which position is directly contrary to the Lawes of England of which I will cite but two or three in stead of many more The Statute of Carlisle 35. Ed. 1. mentioned in Caudries case in the fifth Report saith that the Church of England is founded in the state of Prelacie by the Kings of England and their Progenitors Which likewise appeares by the first Chapter in Magna Charta in these words Concessimus Deo Ecclesiae Anglicanae omnes libertates c. and in the twentie fifth yeare of Edward the third in the French Roll which I have seene there the Archbishop and Clergie petition the King for their liberties in these words thus Englished That for the reverence of God and
their office then is to governe But in my opinion they governe worse than they Preach though they preach not at all for wee see to what passe their government hath brought us In conformity to themselves They silence others also though Hierom in one of his Epistles saith that even a Bishop let him be of never so blamelesse a life yet he doth more hurt by by his licence then he can doe good by his example Mr. Speaker It now behooves us to restraine the Bishops to the duties of their Function as they may never more hanker after heterogeneous extravagant employments Not be so absolute so single and solitary in actions of Moment as Excommunication Absolution Ordination and the like but to joyne some of the Ministry with them and further to regulate them according to the usage of Ancient Churches in the best times that by a well-temper'd Government they may not have power hereafter to corrupt the Church to undoe the Kingdome When they are thus circumscribed and the publique secur'd from their Eruptions then shall not I grudge them a liberall plentifull subsistence else I am sure they can nevâ—â— be given to Hospitality Although the calling of the Clergie be all glorious within yet if they have not a large considerable outward support they cannot be freed from vulgar Contempt It will alwaies be fit that the flourishing of the Church should hold proportion with the flourishing of the Common-wealth wherein it is If we dwell in houses of Ceaar why should they dwell in skins And I hope I shall never see a good Bishop left worse than a Parson without a Gleab Certainly Sir this superintendencie of eminent men Bishops over divers Churches is the most Primitive the most spreading the most lasting Government of the Church Wherefore whilest we are earnest to take away Innovations let us beware wee bring not in the greatest Innovation that ever was in England I doe very well know what very many doe very servently desire But let us well bethinke our selves whether a popular Democraticall Government of the Church though fit for other places will be either sutable or acceptable to a Regall Monarchicall Government of the State Every man can say It is so common and knowne a Truth that suddaine and great changes both in naturall and Politick bodies have dangerous opperations and give mee leave to say that we cannot presently see to the end of such a consequence especially in so great a Kingdome as this and where Episcopacie is so wrap'd and involv'd in the Lawes of it Wherefore Mr. Speaker my humble Motion is that we may punish the present offenders reduce and preserve the Calling for better men hereafter Let us remember with fresh thankfulnesse to God those glorious Martyr-Bishops who were burn'd for our Religion in the times of Popery who by their learning zeale and constancy upheld and convey'd it downe to us We have some good Bishops still who doe Preach every Lords Day and are therefore worthy of double honour they have suffered enough already in the Disease I shall bee sorry we should make them suffer more in the Remedy 〈…〉 A message delivered from the Commons to the Lords of the Vpper House in Parliament by Mr. Pym Novemb. 11. 1640. My Lords THe Knights Citizens and Burgesses now assembled for the Commons in Parliament have received information of divers traiterous designes and practices of a great Peere of this House and by vertue of a command from them I doe here in the name of the Commons now assembled in Parliament and in the name of all the Commons of England accuse Thomas Earle of Strafford Lo. Lieutenant of Ireland of high Treason and they have commanded me further to desire your Lordships that he may be sequestred from Parliament and forthwith committed to prison They have further commanded mee to let you know that they will within a very few dayes resort to your Lordships with the particular Articles and grounds of this accusation And they doe further desire that your Lordships will thinke upon some convenient and fit way that the passage betwixt England and Ireland for his Majesties subjects of both Kingdomes may be free notwithstanding any restraint to the contrarie The Lord Lieutenant being required to withdraw and after a debate thereof called in kneeled at the Bar and after standing up the L. Keeper spake as followeth My Lord of Strafford THe House of Commons in their owne name and in the name of the whole Commons of England have this day accused your Lordship to the Lords of the Higher House of Parliament of high treason The articles they will within a very few dayes produce In the meane time they have desired of my Lords and may Lords have accordingly resolved that your Lordship shall be committed to safe custody to the Gentleman Vsher and be sequestred from the House till your Lordship shall cleare your selfe of the accusations that shall be laid against you Articles of the Commons assembled in Parliament against Thomas Earle of Strafford in maintenance of his accusation whereby he stands charged of High Treason 1. THat he the said Thomas Earle of Strafford hath traiterously endevoured to subvert the fundamentall Lawes and government of the Realmes of England and Ireland and in stead thereof to introduce on Arbitrary and Tyrannicall Government against Law which hee hath declared by traiterous words counsels and actions and by giving his Majestie advice by force of Armes to compell his loyall Subjects to submit thereunto 2. That hee hath traiterously assumed to himselfe Regall power over the lives liberties persons lands and goods of his Majesties Subjectâ— in England and Ireland and hath exercised the same tyrannically to the subversion and undoing of many both of Peeres and others of his Majesties Liege people 3. That the better to enrich and enable himselfe to goe thorow with his traiterous designes hee hath detained a great part of his Majesties revenue without giving legall account and hath taken great summes out of the Exchequer converting them to his owne use when his Majestie was necessitated for his owne urgent occasions and his Army had beene a long time unpaid 4. That he hath traiterously abused the power and authoritie of his government to the encreasing countenancing and encouraging of Papists that so hee might settle a mutuall dependance and confidence betwixt himselfe and that partie and by their help prosecute and accomplish his malicious and tyrannicall designes 5. That hee hath maliciously endevoured to stir up enmitie and hostilitie between his Majesties subjects of England and those of Scotland 6. That he hath traiterously broken the great trust reposed in him by his Majestie of Lieutenant Generall of his Army by wilfully betraying divers of his Majesties Subjects to death his Army to a dishonourable defeat by the Scots at Newborn and the Towne of New-Castle into their hands to the end that by the effusion of bloud by dishonour and so great a losse of New-Castle his Majesties
and so perplext with the thoughts to miseries into which I finde my selfe plunged and besides the departure of the messenger that carried those letters was so suddaine that it was not possible to perform this dutie to your Lordship sooner For the which I do most humbly crave pardon your Lordship may now please to accept the expressions from the saddest and most wounded soule in the whole World who am a spectacle of misery in my selfe in my distressed Wife and Children and in my whole fortunes who have left the attending of my Soveraigne and Master and accesse to the best Prince in the world who am become a scorne and by-word to all the world both at home and abroad a wanderer an Exile from mine own Country now in the declination of my years and likely to end my dayes in a remote Country and far from the comfort of all my friends What I am guilty of none knows so well as his Majesty whom I have served faithfully diligently painfully and with as true and loyall an heart according to my poore abilities as any other whatsoever and if I found my Conscience charged with any crime of basenesse corruption infidelity or any thing else unworthy of a Gentleman I should not venture to addresse these complaints to your Lordship or to any other person of Honour in this disconsolate estate being an object not altogether unworthy of your Lordships compassion be it for no other respect but that I have long served the King and Queens Majesties I doubt not but your Lordship in your generosity and goodnesse will have a lively sense and fâ—â—ling of my sufferings and vouchsafe me such reliefe as in your Honour you may and if my self who by course of Nature cannot be now of long continuance be not considerable I most humbly beseech your Lordship to have pity upon my poore innocent wife and children that they receive such comfort and assistance from you in my absence that they may be preserved from perishing And to that end I most humbly crave your Lordships favour to this Bearer my Sonne and to give him the honour of accesse whensoever he shall make his addresses to you wherein you shall doe a worke of singular charity and because there is an opinion in the world that I have much improved my fortunes by the Romane party and there hath beene some designe by my ministery to introduce Popery into England I shall most humbly crave your Lordships patience in giving me leave to clear those two great misunderstandings which if they were true were sufficient to render me uncapable of his Majesties favours or of the compassion of any person of honour whatsoever For the first it is notorious to all the world that having now served his Majestie in the place of a Secretary above eight years I have not added one foot of Land to the inheritance left me by my father which in Land and Lease was not above 500. pounds per annum a poore and inconsiderable estate for a Secretary and such an one as most Secretaries have more than trebled in a short time for my manner of living it hath been much under the dignity of a Secretary and if I had not been very frugall I could not have subsisted where then this concealed Masse of Treasurie is I wish those that speak so liberally of it would let me know for I doe protest to God I am utterly to seek where to discover it and at this present I am so unfurnished with monies that if his Majestie cause me not to be supplied I am unable to subsist in these parts without exposing my Family in England to the danger of starving and yet neither my purpose nor inclination is to live otherwise here than in the greatest obscurity and closenesse that possibly I may I assure your Lordship that those of the Roman party that passed my hands by his Majesties commandement were poore distressed creatures and farre from being able to inrich me and besides how little I have attended my own private and how freely and like a Gentleman I hope I may speak the truth without ostenation I have done curtesies to all I wish it should rather appeare by the testimonie of such as have made use of my services then by mine own My Father and I have served the Crown of England neare 80. years together in which time if a greater estate had been raised it might well have been justified confidering the great imployments neer the persons of Queen Elizabeth King James and his Majesty that now is we both have had and your Lordship may believe it for I avow it upon the faith of a Christian that it is no more then I have above mentioned and whether there are not many from lesse imployments have risen to be Noblemen and made their fortunes accordingly I leave to the world to judge For the other suspition of my being a favourer or an advancer of Popery I protest before the Almighty God and as I shall answer at the last dreadfull day that I know no ground for the least suspition thereof neither am I my selfe nor is any other to my knowledge guilty of the least thought of any such purpose For my self I received my Baptisme in the Church of England and I know nothing in the Church of Rome that can win me from that Church wherein I was made a Christian I doe therefore hold this Church of England not onely a true and Orthodox Church but the most pure and neer the primitive of any in the Christian world and this I will be ready to seale with my blood whensoever there shall be occasion with this further protestation that if I did not hold it so I would not continue in it for any worldly respects whatsoever For that which hath passed my hands for favor of that party it hath been meerly ministeriall as his Majesty best knows and I must be bold to say that his Majesty hath not been deceived by it but hath received many greater advantages besides that if a Secretary of State should not hold intelligence with the party is absolute to disable him for the service of the State and that hath been done alwaies more or lesse and so must alwaies continue Kings and their Ministers of State have ever had and might ever have a Latitude according to time and occasion and cannot be so tied according to strictnesse of law as others are without perill to the government therefore when the Roman party were practique and busie about the State there was reason to be more strict but now by the wisedome of the Queen and her good Officers they are better tempered lesse severity hath been used it being the prerogative of the Prince to use moderation according to accusation further than this I have not had to doe with the Roman party nor thus far but in obedience to my Masters commandement which I hope shall not be censured a crime this being my condition I most humbly
of them lesse inclinable to Poperie yet what knowne truth and constant experience hath made undeniable we must at this opportunitie professe that from the first time of Reformation of the Kirk of Scotland not only after the comming of King James of happy memory into England but before the Prelates of England have been by all means uncessantly working the overthrow of our Discipline and Government And it hath come to passe of late that the Prelates of England having prevailed and brought us to subjection in the point of government and finding their long waited for opportunity and a rare congruity of many spirits and powers ready to cooperate for their ends have made a strong assault upon all the externall worship and Doctrine of our Kirk By which their doing they did not ayme to make us conforme to England but to make Scotland first whose weaknesse in resisting they had before experienced in the Novations of government and of some points of worship and thereafter England conforme to Rome even in these matters wherein England had seperated from Rome ever since the time of Reformation An evill therefore which hath issued not so much from the personall disposition of the Prelates themselves as from the innate qualitie and nature of their office and Prelaticall Hierarchy which did bring forth the Pope in ancient times and never ceaseth till it bringeth forth popish Doctrine and worshippe where it is once rooted and the principles thereof fomented and constantly followed And from that antipathy and inconsistency of the two formes of Ecclesiasticall Government which they conceived and not without cause that one Island united also under one head and Monarch wes not able to beare the one being the same in all the parts and powers which it wes in the time of Popery and now is in the Roman Church The other being the forme of Government received maintained and practised by all the Reformed Kirks wherein by their own testimonies and and confessions the Kirk of Scotland had amongst them no small eminencie This also we represent to your Lordships most serious consideration that not only the firebrands may be removed but that the fire may be provided against that there be no more combustion after this THE CHARGE OF THE SCOTTISH Commissioners against the Livetenant of Ireland IN our Declarations we have joyned with Canterbury the Lord Lievetenant of Ireland whose malice hath set all his wits and power on work to devise and do mischiefe against our Kirk and Countrey No other cause of his malice can we conceive but first his pride and supercilious disdain of the Kirk of Scotland which in his opinion declared by his speeches hath not in it almost any thing of a Kirk although the Reformed Kirks and many worthy Divines of England have given ample testimony to the Reformation of the Kirk of Scotland Secondly our open opposition against the dangerous innovation of Religion intended and very far promoved in all his Majesties dominions of which he hath shewed himselfe in his own way no lesse zealous then Canterbury himselfe as may appeare by his advancing of his Chaplain D. Bramble not only to the Bishoprick of Derry but also to be Vicar-generall of Ireland a man prompted for exalting of Canterburian Popery and Arminianisme that thus himself might have the power of both swords against all that should maintain the Reformation by his his bringing of D. Chappel a man of the same spirit to Vniversity of Dublin for poysoning the fountains and corrupting the Seminaries of the Kirk And thirdly when the Primate of Ireland did presse a new ratification of the Articles of that Kirk in Parliament for barring such Novations in Religion he boldly menaced him with the burning by the hand of the Hang-man of that Confession although confirmed in former Parliaments When he found that the Reformation begun in Scotland did stand in his way he left no means unassaied to rub disgrace upon us and our cause The peeces printed at Dublin Examen conjurationis Scoticanae The ungirding of the Scottish Armour the pamphlet bearing the counterfeit name of Lisimachus Nicanor all three so full of calumnies slanders and scurrilities against our Countrey and Reformation that the Jesuites in their greatest spite could not have sayd more yet not only the Authors were countenanced and rewarded by him but the books must bear his name as the great Patron both of the work and workman When the Nationall Oath and Covenant warranted by our generall Assemblies was approved by Parliament in the Articles subscribed in the Kings name by his Maiesties high Commissioner and by the Lords of privie Counsell and Commanded to be sworn by his Majesties Subiects of all ranks and particular and plenary information was given unto the Lievetenant by men of such quality as he ought to have believed of the loyalty of our hears to the King of the lawfulnesse of our proceedings and innocency of our Covenant and whole course that he could have no excuse yet his desperate malice made him to bend his craft and cruelty his fraud and forces against us For first he did craftily call up to Dublin some of our Country-men both of the Nobility and Gentry living in Ireland shewing them that the King would conceive and account them as Conspirers with the Scots in their rebellious courses except some remedie were provided and for remedy suggesting his own wicked invention to present unto him and his own wicked Councell a petition which he caused to be framed by the Bishop of Raphoe and was seen and corrected by himselfe wherin they petitioned to have an oath given them containing a formall renunciation of the Scottish Covenant and a deep assurance never so much as to protest against any of his Majesties commandements whatsoever No sooner was this Oath thus craftily contriv'd but in all haste it is sent to such places of the Kingdome where our Countrey-men had residence and men women and all other persons above the years of sixteen constrained either presently to take the Oath and therby renounce their Nationall Covenant as seditious and trayterous or with violence and cruelty to be haled to the Jayle fined above the valew of their estates and to be kept close prisoners and so farre as we know some are yet kept in prison both men and women of good quality for not renouncing that Oath which they had taken forty years since in obedience to the King who then lived A cruelty ensued which may paralell the persecutions of the most unchristian times for weake women dragged to the Bench to take the Oath dyed in the place both mother and Child hundreds driven to hide themselves till in the darknesse of the night they might escape by Sea into Scotland whither thousands of them did flye being forced to leave Corn Cattell Houses and all they possessed to be prey to their persecuting enemies the Lievetenants Officers And some indited and declared guilty of high-treason for no other guiltinesse but for