Elders as Josephus telleth us Antiqu. Jud. 1. cap. was no less pleasing unto God nor less valid in the eyes of all his Subjects than those of Jehosaphat and Hezekiah in their riper years and perhaps acting singly on the strength of their own judgments only without any advice Now that there should be Liturgies for the use of the Church that those Liturgies should be celebrated in a Language understood by the people That in those Liturgies there should be some prescribed Forms for giving the Communion in both kinds for Baptizing Infants for the reverent celebration of Marriage performing the last office to the sick and the decent burial of the Dead as also for set Feasts and appointed Festivals hath been a thing of primitive and general practice in the Christian Church And being such though intermitted or corrupted as before is said the King advising with his Bishops and other Church-men though not in a Synodical way may cause the same to be revised and revived and having fitted them to edification and increase of piety either commend them to the Church by his sole authority or else impose them on the people under certain penalties by his power in Parliament Saepe Coeleste Regnum per Terrenum proficit The Kingdom of Heaven said Reverend Isidore of Sevil doth many times receive increase from these earthly Kingdoms in nothing more than by the regulating and well ordering of Gods publick worship We saw before what David did in this particular allotting to the Priest the Courses of their Ministration appointing Hymns and Songs for the Jewish Festivals ordaining Singing-men to sing and finally prescribing Vestments for the Celebration Which what else was it but a Regulating of the Worship of God the putting it into a solemn course and order to be observed from time to time in succeeding Ages Sufficient ground for Christian Princes to proceed on in the like occasions especially when all they do is rathe the reviving of the Ancient Forms than the Introduction of a new Which as the King did here in England by his own Authority the Body of the Clergy not consulted in it so possibly there might be good reason why those who had the conduct of the Kings affairs thought it not safe to put the managing of the business to a Convocation The ignorance and superstition of the common people was at that time exceeding profitable to the Clergy who by their frequent Masses for the quick and dead raised as great advantage as Demetrius and the Silver-Smith by Dianas shrines It hapned also in a time when many of the inferiour Clergy had not much more learning than what was taught them in the Massals and other Rituals and well might fear that if the Service were once extant in the English tongue the Laity would prove in time as great Clerks as themselves So that as well in point of Reputation as in point of Profit besides the love which many of them had to their former Mumpsimus it was most probable that such an hard piece of Reformation would not easily down had it been put into the power of a Convocation especially under a Prince in Nonage and a state unsettled And yet it was not so carried without them neither but that the Bishops generally did concur to the Confirmation of the Book or the approbation of it rather when it passed in Parliament the Bishops in that time and after till the last vast and most improvident increase of the Lay-nobility making the most considerable if not the greatest part of the House of Peers and so the Book not likely to be there allowed of without their consent And I the rather am inclined unto that Opinion because I find that none but Tunstal Gardiner and Bonner were displaced from their Bishopricks for not submitting in this case to the Kings appointments which seems to me a very strong and convincing argument that none but they dissented or refused conformity Add here that though the whole body of the Clergy in their Convocation were nto consulted with at first for the Reasons formerly recited yet when they found the benefit and comfort which redounded by it to good Christian people and had by little and little weaned themselves from their private interesses they all confirmed it on the Post-fact passing an Article in the Convocation of the year 1552. with this Head or Title viz. Agendum esse in Ecclesiae linguae quae fit Populo nota which is the 25th Article in King Edwards Book Lay all that hath been said together and the result of all will be briefly this that being the setting out of the Liturgy in the English Tongue was a matter practical agreeable to the Word of God and the Primitive times that the King with so many of his Bishops and others of the Clergy as he pleased to call to Counsel in it resolved upon the doing of it that the Bishops generally confirmed it when it came before them and that the whole body of the Clergy in their Convocation the Book being then under a review did avow and justifie it The result of all I say is this that as the work it self I say was good so it was done not in a Regal but a Regular way Kings were not Kings if regulating the external parts of Gods publick worship according to the Platforms of the Primitive times should not be allowed them But yet the Kings of England had a further right as to this particular which is a power conferred upon them by the Clergy whether by way of Recognition or Concession I regard not here by which they did invest the King with a Supream Authority not only of confirming their Synodical Acts not to be put in execution without his consent but in effect to devolve on him all that power which formerly they enjoyed in their own capacity And to this we have a parallel Case in the Roman Empire in which there had been once a time when the Supream Majesty of the State was vested in the Senate and people of Rome till by the Law which they called Lex Regia they transferred all their Power on Caesar and the following Emperors Which Law being passed the Edicts of the Prince or Emperor were as strong and binding as the Senatus Consulta and the Plebiseita had been before Whence came that memorable Maxim in Justinians Institutes that is to say Quod Principi placuerit legis habet vigorem The like may be affirmed of the Church of England immediately before and in the Reign of K. Henry VIII The Clergy of this Realm had a Self-authority in all matters which concerned Religion and by their Canons and Determinations did bind all the Subjects of what rank soever till by acknowledging that King for their Supream Head and by the Act of Submission not long after following they transferred that power upon the King and on his Successors By doing whereof they did not only disable themselves upon concluding any thing in their Convocations
or if the King dislikes of any thing in it when they shew it to him it either is razed out or mended before it be prefented to the publick view King James of blessed memory who very well understood his own power and the Forms of that Parliament describes it much to the same purpose in his Speech made at Whitehall March 31. Anno 1609. About twenty days saith he before the Parliament Proclamation is made throughout the Kingdom to deliver unto the Kings Clerk of Register all Bills to be exhibited that Session before a certain day Then are they brought unto the King and perused and considered by him and only such as he alloweth of are put into the Chancellors hands to be propounded to the Parliament and none others And if any other man in Parliament speak of any other matter than is in this sort first allowed by the King the Chancellor telleth him that the King hath allowed of no such Bill Besides when they have passed them for Laws they are presented to the King and he with his Scepter put into his hands by the Chancellor must say I ratifie and approve all things done in this present Parliament And if there be any thing that he disliketh it is razed out before So the eldest Parliament-man as he said himself at that time in Scotland This was the Form of holding Parliaments in Scotland which whosoever doth consider with a serious eye may perceive most plainly that it is wholly in the Kings power to frame the Parliament to his own will or at the least to hinder it from doing any thing to the prejudice of his Royal Crown and Dignity in that the nominating of the Lords of the Articles did in a manner totally depend on him Which being observed by the Scots they took the opportunity when they were in Arms to pass an Act during the Presidency of the Lord Burley Anno 1640. for the abolition of this Order Acts of Parliaments 16 Carol and for reducing of that Parliament to the Forms of England as being thought more advantagious to their purposes than the former was So that the violent disloyalty of the Scotish Subjects their Insurrections against their Kings and murdering them sometimes when their heels were up which makes that Nation so ill spoken of in the Stories of Christendom are not to be imputed to the three Estates convened in Parliament or to any power or Act of theirs Rivet cont tenuit but only prae fervido Scotorum ingenio as one pleads it for them unto the natural disposition of that fierce and head-strong people yet easilier made subject unto Rule and Government The three Estates assembled in the Court of Parliament when in the judgment of our Author they are most fit to undertake the business have for the most part had no hand in those desperate courses And now at last we are come to England where since we came no sooner we will stay the longer and here we shall behold the King established in an absolute Monarchy from whom the meeting of the three Estates in Parliament detracteth nothing of his Power and Authority Royal. Bodin as great a Politick as any of his time in the Realm of France hath ranked our Kings amongst the absolute Monarchs of these Western parts And Cambden as renowned an Antiquary as any of the Age he lived in Bodin de Rep. l. 1. c. 8. hath told us of the King of England supremam potestatem merum imperium habere Cambden in Britan. descript That he hath supream power and absolute command in his Dominions and that he neither holds his Crown in vassalage nor receiveth his investiture of any other nor acknowledgeth any Superiour but God alone To prove this last he cites these memorable words from Bracton an old English Lawyer omnis quidem sub Rege ipse sub nullo sed tantum sub Deo that every man is under the King but the King under none saving only God But Bracton tells us more than this and affirms expresly that the King hath supream power and jurisdiction over all causes and persons in this his Majesties Realm of England that all Jurisdictions are vested in him and are issued from him and that he hath jus gladii or the right of the Sword for the better governance of his people This is the substance of his words but the words are these Bracton de leg Angl. l. 2. c 24. Sciendum est saith he quod ipse Dominus Rex ordinariam habet jurisdictionem dignitatem potestatem super omnes qui in regno suo sunt Habet enim omnia jura in manu sua quae ad coronam laicalem pertinent potestatem materialem gladium qui pertinet ad Regni gubernandum c. He adds yet further Habet item in potestate sua leges constitutiones that the Laws and Constitutions of the Realm Id. l. 2. c. 16. are in the power of the King by which words whether he meaneth that the Legislative power is in the King and whether the Legislative power be in him and in him alone we shall see anon But sure I am that he ascribes unto the King the power of interpreting the Law in all doubtful cases in dubiis obscuris Domini Regis expectanda interpretatio voluntas which is plain enough For though he speaketh only de chartis Regis expectanda interpretatio voluntas which is plain enough For though he speaketh only de chartis Regiis factis Regum of the Kings Deeds and Charters only as the words seem to import yet considering the times in which he lived being Chief Justice in the time of King Henry the 3d. wherein there was but little written Law more than what was comprehended in the Kings Grants and Charters he may be understood of all Laws whatever And so much is collected out of Bractons words by the Lord Chancellor Egerton of whom it may be said without envy that he was as grave and learned a Lawyer as ever sat upon that Bench. Who gathereth out of Bracton that all cases not determined for want of foresight are in the King to whom belongs the right of interpretation not in plain and evident cases but only in new questions and emergent doubts and that the King hath as much right by the constitutions of this Kingdom as the Civil Law gave the Roman Emperors where it is said Rex solus judicat de causa à jure non desinita Case of the Post-nati p. 107 108. And though the Kings make not any Laws without the counsel and consent of his Lords and Commons whereof we shall speak more in the following Section yet in such cases where the Laws do provide no remedy and in such matters as concern the politick administration of his Kingdoms he may and doth take order by his Proclamations He also hath Authority by his Prerogative Royal to dispense with the rigour of the Laws and
sometimes to pass by a Statute with a non obstante as in the Statute 1 Hen. IV. cap. VI. touching the value to be specified of such Lands Offices or Annuities c. as by the King are granted in his Letters patents But these will better come within the compas of those jura Majestatis Cambden in Brit. or rights of Sovereignty which our Lawyers call sacra individua Sacred by reason they are not to be pried into with irreverent eyes and individual or inseparable because they cannot be communicated unto any other Of which kind are the levying of Arms Case of our Affairs p. suppressing of tumults and rebellions providing for the present safety of his Kingdom against sudden dangers convoking of Parliaments and dissolving them making of Peers granting liberty of sending Burgesses to Towns and Cities treating with forein States making War Leagues and Peace granting safe conduct and protection Indenizing giving of Honour Rewarding Pardoning Coyning Printing and the like to these But what need these particulars have been looked into to prove the absoluteness and sovereignty of the Kings of England when the whole body of the Realm hath affirmed the same and solemnly declared it in their Acts of Parliament 16 Rich. 2. c. 5. In one of which is affirmed that the Crown of England hath been so free at all times that it hath been in no earthly subjection but immediatly to God in all things touching the regality of the said Crown and to none other And in another Act that the Realm of England is an Empire governed by one Supream Head and King having the Dignity and Royal Estate of the Imperial Crown of the same unto whom a Body politick compact of all sorts and degrees of people divided in terms and by names of Spiritualty and Temporalty be bounden and ought to bear next to God a natural and bumble obedience 24 Hen. 8. c. 12. And more than so That the King being the supream Head of this Body Politick is instituted and furnished by the goodness and sufferance of Almighty God with plenary whole and entire power preheminence authority prerogative and jurisdiction to render and yield justice and final determination to all manner of Subjects within this Realm and in all causes whatsoever Nor was this any new Opinion invented only to comply with the Princes humour but such as is declared to have been fortified by sundry Laws and Ordinances made in former Parliaments Ibid. and such as hath been since confirmed by a solemn Oath taken and to be taken by most of the Subjects of this Kingdom Which Oath consisting of two parts the one Declaratory and the other Promissory in the Declaratory part the man thus taketh it he doth declare and testifie in his conscience that the Kings Highness is the only supream Governour of this Realm and of all other his Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as temporal c. And in the Promissory part 1 Eliz. c. 1. they make Oath and swear that to their power they will assist and defend all Jurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Kings Highness his Heirs and Successors or united and annexed to the Imperial Crown of this Realm Put all which hath been said together and it will appear that if to have merum imperium a full and absolute command and all the jura majestatis which belong to Sovereignty if to be so Supream as to hold immediatly of God to have all persons under him none but God above him if to have all authority and jurisdiction to be vested in him and proceeding from him and the material sword at his sole disposal for the correcting of offenders and the well ordering of his people if to have whole and entire power of rendring justice and final determination of all causes to all manner of Subjects as also to interpret and dispence with Laws and all this ratified and confirmed unto him by the solemn Oath of his Subjects in the Court of Parliament be enough to make an absolute Monarch the Kings of England are more absolute Monarchs than either of their Neighbours of France or Spain If any thing may be said to detract from this it is the new device so much pressed of late of placing the chief Sovereignty or some part thereof in the two Houses of Parliament concerning which Mr. Pryn published a discourse entituled The supreme power of Parliaments and Kingdoms and others in their Pamphlets upon that Argument have made the Parliament so absolute and the King so limited that of the two the Members of the Houses are the greater Monarchs But this is but a new device not heard of in our former Monuments and Records of Law nor proved or to be proved indeed by any other Medium than the Rebellions of Cade Tiler Straw Kett Mackerel Prynns book of Parl. c. pt 3. and the rest of that rascal rabble or the seditious Parliaments in the time of King Henry III. King Edward II. and King Richard II. when civil war and faction carried all before it For neither have the Houses or either of them enjoyed such Sovereignty de facto in times well setled and Parliaments lawfully assembled nor ever could pretend to the same de jure Or if they do as many have been apt enough to raise false pretences it would much trouble them to determine whether this Sovereignty be conferred upon them by the King or the People whether it be in either of the Houses severally or in both united If they can challenge this pretended Sovereignty in neither of these capacities nor by none of these titles it may be warrantably concluded that there is no such Sovereignty as they do pretend to And first there is no part nor branch of Sovereignty conferred upon them by the King The Writs of Summons which the Deelaration of the Lords and Commons assembled at Oxon. 1643. doth most truly call the foundation of all power in Parliament Declaration of the Trtaty p. 15. tell us no such matter The Writ directed to the Lords doth enable them only to confer and treat with one another consilium vestrum impendere and to advise the King in such weighty matters as concern the safety of the Kingdom But they are only to advise not compel the King to counsel him but not controll him and to advise and counsel are no marks of Sovereignty but rather works of service and subordination Nor can they come to give this Counsel without he invite them and being invited by his Writ cannot choose but come except he excuse them which are sure notes of duty and subjection but verry sorry signs of power and sovereignty 'T is true that being come together they may and sometimes do on a Writ of Error examin and reverse or affirm such judgments as have been given in the Kings Bench and from their sentence in the case there is
one is fundamental and held by the two Houses on no worse a title than a fundamental Constitution which is as much as any reasonable Parliamentarian need desire to have Therefore in Answer to the Fuller not taking notice of his foolish and seditious inferences we will clear those points 1. That the two Houses of Parliament are not co ordinate with the King but subordinate to him And 2. That the power of making Laws is properly and legally in the King alone As for the first we had before a Recognition made by Act of Parliament by which the Kingdom of England is acknowledged to be an Empire governed by one supream Head and King to whom all sorts and degrees of people ought to bear next to God a natural and humble obedience 24 H. 8. c. 12. which certainly the Lords and Commons had not made to the dethroning of themselves their Heirs and Successors from this co-ordinative part of Sovereignty if any such co-ordination had been then believed Or if it be supposed to excuse the matter that King Henry VIII being a severe and terrible Prince did wrest this Recognition from them which yet will hardly serve for a good defence what shall we say to the like recognition made in the beginning of Queen Elizabeths Reign 1 Eliz. c. 1. when she was green in State and her power unsetled and so less apt to work upon her people by threats and terrors Assuredly had the Houses dream't in those broken times of that co-ordinative Sovereignty which is now pretended they might have easily regained it and made up that breach which by the violent assaults of King Henry VIII had been made upon them which was a point they never aimed at Besides if this co-ordinative Majesty might be once admitted it must needs follow that though the King hath no Superiour he hath many Equals and where there is equality there is no subjection But Bracton tells us in plain terms not only that the King hath no Superiour in his Realm except God Almighty but no Equal neither and the reason which he gives is exceeding strong Quia sic amitteret praeceptum cum par in Parem non habeat potestatem Beacton de leg Angl. l. 1. c. 8. because he could not have an Equal but with the loss of his Authority and Regal Dignity considering that one Equal hath no power to command another Now lest the Fuller should object as perhaps he may that this is spoken of the King out of times of Parliament and of the Members of the Houses seorsim taken severally as particular persons but when they are convened in Parliament then they are Sovereigns and no Subjects first he must know that by the Statute of Queen Elizabeth all of the House of Commons are to take the Oath before remembred for the defending of all preheminences and authorities united and annexed to the Imperial Crown of this Realm and for bearing faith and true allegiance to the King his Heirs and lawful Successors and that if any of them do refuse this Oath Stat. 5. Eliz. 1. he is to have no voice in Parliament 2. He cannot choose but know that even sedente Parliamento both the Lords and Commons use to address themselves to his Sacred Majesty in the way of supplication and petition and certainly it is not the course for men of equal rank to send Petitions unto one another and that in those Petitions they do stile themselves his Majesties most humble and obedient Subjects Which is not only used as the common Complement which the hypocrisie of these times hath taken up though possibly it might be no otherwise meant in some late addresses but is the very phrase in some Acts of Parliament 25 Hen. 8. c. 22. c. as in the Acts at large doth at full appear 3. They may be pleased to know how happy a thing it was for the Realm of England that this Fuller did not live in former times For had he broached this Doctrine some Ages since he would have made an end of Parliaments Princes are very jealous of the smallest points of Sovereignty and love to Reign alone without any Rivals their Souls being equally made up of Pompeys and Caesars and can as little brook an Equal as endure a Superiour And lastly I must let him know what Bodinus saith who telleth us this Legum ac edictorum probatio aut publicatio quae in Curia vel Senatu fieri solet Bedin de Rep. l. 1. c. 8. non arguit imperii majestatem in Senatu vel Curia inesse viz. That the publishing and approbation of Laws and Edicts which is made ordinarily in the Court or Parliament proves not the Majesty of the State to be in the said Court or Parliament And therefore if the power of confirmation or rejecting be of a greater trust and more high concernment than that of consulting and consenting as no doubt it is the power of consulting and consenting which the Fuller doth ascribe to the two Houses of Parliament will give them but a sorry title to Co-ordinative Sovereignty This leads me on unto the Power of making Laws which as before I said is properly and legally in the King alone tanquam in proprio Subjecto as in the true and adequate subject of that Power And for the proof thereof I shall thus proceed When the Norman Conqueror first came in as he won the Kingdom by the Sword so did he govern it by his Power His Sword was then the Scepter and his Will the Law There was no need on his part of an Act of Parliament much less of calling all the Estates together to know of them after what Form and by what Laws they would be governed It might as well be said of him as in the flourish and best times of the Roman Emperors Justin Institut l. 1. c. Quod Principi placuerit legis babet vigorem that whatsoever the King willed it did pass for Law This King and some of his Successors being then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and having a despotical power on the lives and fortunes of their Subjects which they disposed of for the benefit of their Friends and followers Normans French and Flemings as to them seemed best But as the Subjects found the Yoke to be too heavy and insupportable so they addressed themselves in their Petitions to the Kings their Sovereigns to have that Yoke made easier and the burden lighter especially in such particulars of which they were most sensible at the present time By this means they obtained first to have the Laws of Edward the Confessor contain'd for the most part in the Great Charter afterwards and by this means that is to say by pouring out their prayers and desires unto them did they obtain most of the Laws and Statutes which are now remaining of the time of King Henry the 3d and King Edward the first Many of which as they were issued at the first either in Form
held on the 25th of June 1622. were severally condemned to be erroneous scandalous and destructive of Monarchical Government Upon which Sentence or determination the King gave order that as many of those books as could be gotten should solemnly and publickly be burnt in each of the Universities and St. Pauls Church-yard which was done accordingly An accident much complained of by the Puriten party for a long time after who looked upon it as the funeral pile of their Hopes and Projects till by degrees they got fresh courage carrying on their designs more secretly by consequence more dangerously than before they did The terrible effects whereof we have seen and felt in our late Civil Wars and present confusions But it is time to close this point and come to a conclusion of the whole discourse there be no other Objections that I know of but what are easily reduced unto those before or not worth the answering 15. Thus have we taken a brief survey of those insinuations grounds or principles call them what you will which Calvin hath laid down in his book of Institutions for the incouragement of the Subjects to rebellious courses and putting them in Arms against their Sovereign either in case of Tyranny Licentiousness or Mal-administration of what sort soever by which the Subject may pretend that they are oppressed either in point of Liberty or in point of Property And we have shewn upon what false and weak foundations he hath raised his building how much he hath mistaken or abused his Authors but how much more he hath betrayed and abused his Readers For we have clearly proved and directly manifested out of the best Records and Monuments of the former times that the Ephori were not instituted in the State of Sparta to oppose the Kings nor the Tribunes in the State of Rome to oppose the Consuls nor the Demarchi in the Common-wealth of Athens to oppose the Senate or if they were that this could no way serve to advance his purpose of setting up such popular Officers in the Kingdoms of Christendom those Officers being only found in Aristocraties or Democraties but never heard or dreamt of in a Monarchical Government And we have shewn both who they are which constitute the three Estates in all Christian Kingdoms and that there is no Christian Kingdom in which the three Estates convened in Parliament or by what other name soever they do call them have any authority either to regulate the person of the Sovereign Prince or restrain his power in case he be a Sovereign Prince and not meerly titular and conditional and that it is not to be found in Holy Scripture that they are or were ordained by God to be the Patrons and Protectors of the common people and therefore chargeable with no less a crime than a most perfidious dissimulation should they connive at Kings when they play the Tyrants or wantonly abuse that power which the Lord hath given them to the oppression of their Subjects In which last points touching the designation of the three Estates and the authority pretended to be vested in them I have carried a more particular eye on this Kingdom of England where those pernicious Principles and insinuations which our Author gives us have been too readily imbraced and too eagerly pursued by those of his party and opinion If herein I have done any service to supream Authority my Countrey and some misguided Zealots of it I shall have reason to rejoyce in my undertaking If not posterity shall not say that Calvins memory was so sacred with me and his name so venerable as rather to suffer such a Stumbling-block to be laid in the Subjects way without being censured and removed than either his authority should be brought in question or any of his Dictates to a legal tryal Having been purchased by the Lord at so dear a price we are to be no longer the Servants of men or to have the truth of God with respect of persons I have God to be my Father and the Church my Mother and therefore have not only pleaded the cause of Kings and Supream Magistrates who are the Deputies of God but added somewhat in behalf of the Church of England whose rights and priviledges I have pleaded to my best abilities The issue and success I refer to him by whom Kings do Reign and who appointed Kings and other Supream Magistrates to be nursing Fathers to his Church that as they do receive authority and power from the hands of God so they may use the same in the protection and defence of the Church of God and God even their own God will give them his Blessing and save them from the striving of unruly people whose mouth speaketh proud words and their right hand is a right hand of iniquity FINIS De Jure Paritatis Episcoporum OR A BRIEF DISCOURSE ASSERTING THE Bishops Right of Peerage WHICH EITHER By Law or Ancient Custom DOTH Belong unto them WRITTEN By the Learned and Reverend PETER HEYLYN D. D. In the Year 1640. When it was Voted in the Lords House That no Bishop should be of the Committee for the preparatory Examination of the EARL of STRAFFORD He being dead yet speaketh Heb. xi 4. LONDON Printed by M. Clark for C. Harper 1681. A PREFACE ALthough there are Books enough writ to vindicate the Honours and Priviledges of Bishops yet to those that are fore-stalled with prejudice and passion all that can be said or done will be little enough to make them wise unto sobriety to prevail with them not to contradict the conviction of their mind with absurd and fond reasonings but that Truth may conquer their prepossessions and may find so easie an access and welcome unto their practical judgments that they may profess their faith and subjection to that order which by a misguided zeal they once endeavoured to destroy Many are the methods that have been and are still used to rase up the foundation of Episcopacy and to make the Name of Bishop to be had no more in remembrance For first some strike at the Order and Function it self And yet St. Paul reckons it among his faithful sayings 1 Tim. 3.1 that the Office of a Bishop is a good work And the order continued perpetually in the Church without any interruption of time or decrees of Councils to the contrary for the space of many Centuries after the Ascension of Christ and the Martyrdom of the Apostles For they ordained Bishops and approved them Before St. John died Rome had a succession of no less than four viz. Linus Anacletus Clemens and Evaristus Jerusalem had James the just and Simeon the Son of Cleophas Antioch had Euodius and Ignatius and St. Mark Anianus Abilius and Cerdo successively fill'd the See of Alexandria All these lived in St. Johns days and their order obeyed by Christians and blessed by God throughout the whole world for the Conversion of Jews and Gentiles for the perfecting of the Saints and the edifying of
concorditer ordinari but also to consent both in their own names and in the names of those who sent them unto all such things as by mature deliberation and consent should be there ordained Which Mandate being received by the B. of London the several Bishops cited accordingly and intimation given by those Bishops unto their Arch Deacons for summoning the Clergy to make choice of their Procurators as also the Chapters or capitular Bodies to do the like The next work is to proceed to the choice of those Procurators Which choice being made the said Chapters under their common seals and the said Clergy in a publick Writing subscribed by them do bind themselves sub Hypotheca omnium bonorum suorum under the pawn and forfeiture of al their goods moveable and immoveable I speak the very words of these publick Instruments se ratum gratum acceptum habere quicquid dicti Procuratores sui nomine vice suis fecerint c. To stand to and perform whatsoever their said Procurators in their name and stead shall do determine and consent to The like is also done in the Province of York but that the Arch-bishop thereof sends out the Summons in his own name to the Suffragan Bishops the Province being small and the Suffragans not above three in number Finally as the Convocations of the Clergy in their several Provinces were called by the Arch-bishops only the Kings Writ thereunto requiring and authorizing so by the same powers were they also dissolved again when they had done the business they were called about or did desire to be dismissed to their own affairs At which time by special Writ or Mandates to the said Arch-bishops expressing the calling and assembling of the Convocation by vertue of the former Precept it is declared That on certain urgent causes and considerations moving his Majesty thereunto he thought fit with the advice of his Privy Councel that the same should be again dissolved Et ideo vobis mandamus quod eandem praesentem Convocationem hac instanti die debito modo sine ulla dilatione dissolvatis sive dissolvi faciatis prout convenit and therefore did command them to dissolve it or cause the same to be dissolved in the accustomed manner without delay Which Writ received and not before the Convocation was dissolved accordingly and so it holds in Law and practcie to this very day I have the longer staid on these publick Forms partly because not obvious unto every eye but especially to let you see by what Authority the Clergy are to be assembled in their Convocations and what it is which makes their Canons and Conclusions binding unto all those which send them thither or intrust them there Their calling by the Kings Authority makes their meeting lawful which else were liable to exceptions and disputes in Law and possibly might render them obnoxious to some grievous penalties and so would their continuance too after the Writ was issed for their Dissolution As on the contrary their breaking or dissolving of their own accord would make them guilty of contempt and consequently subject to the Kings displeasure for being called by the Kings Writ they are to continue till dissolved by the Kings Writ also notwithstanding the dissolving of the Parliament with which sometimes it might be summoned And so it was resolved in terminis by the chief Judges of the Realm and others of his Majesties Counsel Learned May 10. anno 1640. at such time as the Convocations did continue sitting the Parliament being most unhappily dissolved on the Tuesday before subscribed by Finch Lord Keeper of the Great Seal Manchester then Lord Privy Seal Littleton chief Justice of the Common Pleas Banks Atturney General Whitfield and Heath his Majesties Sergeants Authority enough for the poor Clergy to proceed on though much condemned and maligned for obedience to it Now as they have the Kings Authority not only for their Meeting but continuance also so also have they all the power of the whole National Clergy of England to make good whatsoever they conclude upon The Arch-Bishops Deans Arch-Deacons acting in their own capacities the Procurators in the name and by the power committed to them both by he Chapters or capitular Bodies and the Diocesan Clergy of both Provinces And this they did by virtue of that power and trust alone without any ratification or confirmation from King or Parliament until the 25th year of King Henry the VIII At which time they bound themselves by a Synodical Act whereof more hereafter not to enact promulge or execute any Canons Constitutions or Ordinances Provincial in their Convocations for time coming unless the Kings Highness by his Royal Assent command them to make promulge and execute the same accordingly Before this time they acted absolutely in their Convocations of their own Authority the Kings Assent neither concurring nor required and by this sole Authority which they had in themselves they did not only make Canons declare Heresie convict and censure persons suspected of Heresie in which the subjects of all sorts whose Votes were tacitely included in the suffrages of their Pastors and spiritual Fathers were concerned alike But also to conclude the Clergy whom they represented in the point of Property imposing on them what they pleased and levying it by Canons of their own enacting And they enjoyed this power to the very day in which they tendred the submission which before we spake of For by this self-authority if I may so call it they imposed and levied that great Subsidy of 120000 l. an infinite sum as the Standard of the times then was granted unto K. Henry VIII anno 1530. to free them from the fear and danger of the Praemuniri By this the Benefit of the Chapter called Similiter in the old Provincial extended formerly to the University of Oxon only was made communicable the same year unto Cambridge also By this Crome Latimer Bilney and divers others were in the year next following impeached of Heresie By this the Will and Testament of William Tracie of Toddington was condemned as scandalous and heretical and his body taken up and burnt not many days before the passing of the Act of Submission anno 1532. But this power being thought too great or inconsistent at least with the Kings Design touching his divorce the Clergy were reduced unto such a straight by the degrees and steps which you find in the following Section as to submit their power unto that of the King and to promise in verbo sacerdotii that they would do and Enact nothig in their Convocations without his consent And to the gaining of this point he was pressed the rather in regard of a Remonstraence then presented to Him by the House of Commons in which they shewed themselves aggrieved that the Clergy of this Realm should act Authoritatively and supremely in the Convocations and they in Parliament do nothing but as it was confirmed and ratified by the Royal Assent Which notwithstanding though this
Submission brought down the Convocation to the same Level with the Houses of Parliament yet being made unto the King in his single person and not as in conjunction with his House of Parliament it neither brought the Convocation under the command of Parliaments nor rendred them obnoxious to the power thereof That which they did in former times of their self-authority in matters which concerned the Church without the Kings consent co-operating and concurring with them the same they did and might do in the times succeeding the Kings Authority and Consent being superadded without the help and midwifery of an Act of Parliament though sometimes that Authority was made Use of also for binding of the subject under Temporal and Legal penalties to yield obedience and conformity to the Churches Orders Which being the true state of the present business it makes the clamour of the Papists the more unreasonable but then withal it makes it the more easily answered Temporal punishments inflicted on the refractory and disobedient in a Temporal Court may add some strength unto the Decrees and Constitutions of the Church but hey take none from it Or if they did the Religion of the Church of Rome the whole Mass of Popery as it was received and settled here in Qu. Maries Reign would have a sorry crutch to stand upon and might as justly bear the name of a Parliament-Faith as the reformed Religion of the Church of England It is true indeed that had those Convocations which were active in that Reformation being either called or summoned by the King in Parliament or by the Houses separately or convenedly without the King Or had the Members of the same been nominated and impowered by the House alone and intermixt with a considerable number of the Lords and Commons which being by the way the Case of this New Assembly I do not see how any thing which they agree on can bind the Clergy otherwise than imposed by a strong hand and against their privileges Or finally had the conclusions or results thereof been of no effect but as reported to and confirmed in Parliament the Papists might have had some ground for so gross a calumny in calling the Religion which is now established by the name of a Parliament-Religion and a Parliament-Gospel But so it is not in the Case which is now before us the said Submission notwithstanding For being the Body being still the same privileged with the same freedom of debate and determination and which is more the Procurators of the Clergy invested with the same power and Trust which before they had There was no alteration made by the said Submission in the whole constitution and composure of it but only the addition of a greater and more excellent power Nor was there any thing done here in that Reformation but either by the Clergy in their Convocations and in their Convocations rightly called and Canonically constituted or with the councel and advice of the Heads thereof in more private conferences the Parliaments of these times contributing very little towards it but acquiescing in the Wisdom of the Sovereign Prince and in the piety and zeal of the Ghostly Fathers This is the ground-work or foundation of the following Building I now time I should proceed to the Superstructures beginning first with the Ejection of the Pope and vesting the Supremacy in the Regal Crown 2. Of the Ejection of the Pope and vesting the Supremacy in the Regal Crown AND first beginning with the Ejection of the Pope and his Authority that led the way unto the Reformation of Religion which did after follow It was first voted and decreed in the Convocation before ever it became the subject of an Act of Parliament For in the year 1530. 22 Hen. 8. the Clergy being caught in a premunire were willing to redeem their danger by a sum of money and to that end the Clergy of the Province of Canterbury bestowed upon the King the sum of 100000 l. to be paid by equal portions in the same year following but the King would not so be satisfied unless they would acknowledge him for the supream Head on earth for the Church of England which though it was hard meat and would not easily down amongst amongst them yet it passed at last For being throughly debated in a Synodical way both in the upper and lower Houses of Convocation they did in sine agree upon this expression Cujus Ecclesiae sc Anglicanae Singularem protectorem unicum Supremum Dominum quantum per Christi leges licet Supremum caput ipsius Majestatem recognoscimus To this they all consented and subscribed their Hands and afterwards incorporated it into the publik Act or Instrument which was presented to the King in the Name of his Clergy for the redeeming of their errour and the grant of their money which as it doth at large appear in the Records and Acts of the Convocation so it is touched upon in a Historical way in the Antiq. Britan. Mason de Minist Anglic. and other Authors by whom it also doth appear that what was thus concluded on by the Clergy of the Province of Canterbury was also ratified and confirmed by the Convocation of the Province of York according to the usual custom save that they did not buy their pardon at so dear a rate This was the leading Card to the Game that followed For on this ground were built the Statutes prohibiting all Appeals to Rome and for determining all Ecclesiastical suits and controversies within the Kingdoms 24 H. 8. c. 12. That for the manner of electing and consecrating of Arch-Bishops and Bishops 25 H. 8. c. 20. and the prohibiting the payment of all Impositions to the Court of Rome and for obtaining all such dispensations from the See of Canterbury which formerly were procured from the Popes of Rome 25 H. 8. c. 21. Which last is builkt expresly upon this foundation That the King is the only supream Head of the Church of England and was so recognized by the Prelates and Clergy representing the said Church in their Convocation And on the very same foundation was the Statute raised 26 H. 8. c. 1. wherein the King is declared to be the supream Head of the Church of England and to have all honour and preheminences which were annexed unto that Title as by the Act it self doth at full appear Which Act being made I speak it from the Act it self only for corroboration and confirmation of that which had been done in the Convocation did afterwards draw on the Statute for the Tenths and first fruits as the point incident to the Headship or supream Authority 26 H. 8. c. 3. The second step to the Ejection of the Pope was the submission of the Clergy to the said King Henry whom they had recognizanced for their supream Head And this was first concluded on in the Convocation before it was proposed or agitated in the Houses of Parliament and was commended only to the care of the
or putting their results into execution without his consent but put him into the actual possession of that Authority which properly belonged to the Supremacy or the Supream Head in as full manner as ever the Pope of Rome or any delegated by and under him did before enjoy it After which time whatsoever the King or his Successors did in the Reformation as it had virtually the power of the Convocations so was it as effectual and good in Law as if the Clergy in their Convocation particularly and in terminis had agreed upon it Not that the King or his Successors were hereby enabled to exercise the Keys and determine Heresies much less to preach the Word and administer the Sacraments as the Papists falsly gave it out but as the Heads of the Ecclesiastical Body of this Realm to see that all the members of that Body did perform their duties to rectifie what was found amiss amongst them to preserve peace between them on emergent differences to reform such errors and corruptions as are expresly contrary to the Word of God and finally to give strength and motions to their Councils and Determinations tending to Edification and increase of Piety And though in most of their proceedings towards Reformation the Kings advised with such Bishops as they had about them or could assemble without any great trouble or inconvenience to advise withal yet was there no necessity that all or the greater part of the Bishops should be drawn together for that purpose no more than it was anciently in the Primitive Times for the godly Emperors to call together the most part of the Bishops in the Roman Empire for the establishing of the matters which concerned the Church or for the godly Kings of Judah to call together the greatest part of the Priests and Levites before they acted any thing in the Reformation of those corruptions and abuses which were crept in amongst them Which being so and then withal considering as we ought to do that there was nothing altered here in the state of Religion till either the whole Clergy in their Convocaton or the Bishops and most eminent Church-men had resolved upon it our Religion is no more to be called a Regal than a Parliament-Gospel 6. That the Clergy lost not any of their just Rights by the Act of Submission and the power of calling and confirming Councils did anciently belong to the Christian Princes If you conceive that by ascribing to the King the Supream Authority taking him for their Supream Head and by the Act of Submission which ensued upon it the Clergy did unwittingly ensnare themselves and drew a Vassallage on these of the times succeeding inconsistent with their native Rights and contrary to the usage of the Primitive Church I hope it will be no hard matter to remove that scruple It 's true the Clergy in their Convocation can do nothing now but as their doings are confirmed by the Kings Authority and I conceive it stands with reason as well as point of State that it should be so For since the two Houses of Parliament though called by the Kings Writ can conclude nothing which may bind either King or Subject in their civil Rights until it be made good by the Royal Assent so neither is it fit nor safe that the Clergy should be able by their Constitutions and Synodical Acts to conclude both Prince and People in spiritual matters until the stamp of Royal Authority be imprinted on them The Kings concurrence in this case devesteth not the Clergy of any lawful power which they ought to have but restrains them only in the exercise of some part thereof to make it more agreeable to Monarchical Government and to accommodate it to the benefit both of Prince and People It 's true the Clergy of this Realm can neither meet in Convocation nor conclude any thing therein nor put in execution any thing which they have concluded but as they are enabled by the Kings Authority But then it is as true withal that this is neither inconsistent with their native Rights nor contrary unto the usage of the Primitive Times And first it is not inconsistent with their native Rights it being a peculiar happiness of the Church of England to be always under the protection of Christian Kings by whose encouragement and example the Gospel was received in all parts of this Kingdom And if you look into Sir Henry Spelman's Collection of the Saxon Councils I believe that you will hardly find any Ecclesiastical Canons for the Government of the Church of England which were not either originally promulgated or after approved and allowed o either by the Supream Monarch of all the Saxons or by some King or other of the several Heptarchies directing in their National or Provincial Synods And they enjoyed this Prerogative without any dispute after the Norman Conquest also till by degrees the Pope in grossed it to himself as before was shewn and then conferred it upon such as were to exercise the same under his Authority which plainly manifests that the Act of Submission so much spoke of was but a changing of their dependance from the Pope to the King from an usurped to a lawful power from one to whom they had made themselves a kind of voluntary Slaves to him who justly challenged a natural dominion over them And secondly that that submission of theirs to their natural Prince is not to be considered as a new Concession but as the Recognition only of a former power In the next place I do not find it to be contrary to the usage of the Primitive times I grant indeed that when the Church was under the command of the Heathen Emperors the Clergy did Assemble in their National and Provincial Synods of their own Authority which Councils being summoned by the Metropolitans and subscribed by the Clergy were of sufficient power to bind all good Christians who lived within the Verge of their jurisdiction They could not else Assemble upon any exigence of affairs but by such Authority But it was otherwise when the Church came under the protection of Christian Princes all Emperors and Kings from Constantine the Great till the Pope carried all before him in the darker times accompting it one of the principal flowers as indeed it was which adorned their Diadems I am not willing to beat on a common place But if you please to look into the Acts of ancient Councils you will find that all the General Councils all which deserve to be so called if any of them do deserve it to have been summoned and confirmed by the Christian Emperors that the Council of Arles was called and confirmed by the Emperor Constantine that of Sardis by Constans that of Lampsacus by Valentinian that of Aquileia by Theodosius that of Thessalonica National or Provincial all by the Emperor Gratian That when the Western Empire fell into the hands of the French the Councils of Akon Mentz Meldun Wormes and Colen received both life and
holy Trinity than by this Form and in the constant uniformity of that antient Gesture which hath been recommended to us from the purest Ages and the most glorious lights of the Christian World CHAP. VIII Touching the Dedication of Churches and the Anniversary Feasts thereby occasioned 1. Dedication of Religious places used antiently by all Nations and the Reasons why 2. A Repetition of some things that were said before with reference and application to the point in hand 3. The Tabernacle consecrated by Gods own appointment and the consequents of it 4. Antiquity of the like Dedications amongst the Romans and by whom performed 5. The Form and Ceremonies used in those Dedications by the Antient Romans 6. The Antiquity and constant usage of such Dedications in the Church of Christ 7. Titulus and Encoenia what they signifie in the Ecclesiastical notion 8. The great Solemnities and Feasts used by the Jews and Gentiles in the Dedication of their Temples 9. As also by the Primitive Christians 10. Dedication Feasts made Anniversary by the Roman Gentiles 11. And by the Christians in the times of their greatest purity 12. Continued till our times in the Church of England 13. The Conclusion of the whole and the Authors submission of it to the Supreme Powers HAving thus found out Liturgies and set Forms of Worship in the best and purest times of the Christian Church together with certain places and appointed times for the performance of those Offices of Religious Worship in the said Liturgies prescribed It remains now that we speak somewhat as by way of Corollary touching the Dedication of those places in which those Acts and Offices of Religious Worship were to be performed it being consonant to Reason that holy Actions should be celebrated in an holy place and places are not otherwise hallowed than by the Dedication of them unto holy Use For howsoever in themselves they be but ordinary Houses made of Lime and Stone and may be put to any use which the Founder pleaseth yet being once consecrated by the Word and prayer they become forthwith Holy Ground and carry with them such an awful reverence in Religious minds as is not given to other houses houses to eat and drink in as the Scripture calleth them And so we are to understand that of Thomas Aquinas who in the stating of this Question hath resolved it thus Quod Ecclesia Altare alia hujusmodi inanimata consecrantur non quia sunt gratiae susceptiva Thom. 3. par qu. 83. Artic. 3. sed quia ex consecratione adipiscuntur quandam spiritalem virtutem per quam apta redduntur divino cultui Churches saith he Altars and things inanimate are not therefore consecrated because they are susceptible of any divine Grace conferred upon them but because they do obtain thereby some spiritual fitness which before they had not and which doth render them more proper for Religious Offices Besides which influence which they gain by these Consecrations on the minds of such who piously refort unto them they are thereby exempted also from the power of those by whom they were first built or founded who otherwise might challenge a propriety in them That which the ground and charge of building made the house of Man is made by Consecration the House of God and being once dedicated to his holy Service the property thereof is vested in him and in him alone The Founder cannot take it back or reserve any part of it for his own private use or pleasure without sin and sacriledg Such was that of Ananias Acts 5.2 who when he sold his House kept back part of the money as if he would divide the sum betwixt God and himself The Gentiles by the light of Nature had discerned thus much and therefore in the Consecration of their Temples they did use these words Se ex profano usu humano jure Templum cellam Alex. ab Alex. Gen. Dier l. 6. c. 14. mensas arulas quaeque eo pertinent eximere That is to say That they exempt from the right of Men and all profane and common usage the Temple Table Vaults and Altars and all things which pertained unto them appropriating them unto the service of that God to whom the Fabrick was intended in the Dedication A matter of such general use that it was commonly observed both by the Patriarchs before the Law by the Jews under the Law by the Gentiles without the Law and finally by the Christians being a body made up both of Jews and Gentiles in the times of the Gospel In looking over whose proceedings touching this particular and thereby justifying the right use of those Dedications we will first search into the Antiquity Universality and first Authors of them next into the great Solemnities and magnificent Feasts accustomably observed in them and finally on the Annual Revolution of those solemn Feasts appointed by all sorts of Men in memorial of them And first for laying down the Antiquity and first Authors of them it is necessary that we look back on something which was said before touching the practice of the Patriarchs and some of the godly Princes of the House of Jacob. And first whereas the Scripture telleth us of Abraham that he planted a Grove in Beersheba and called there on the Name of the Lord Gen. 21.33 the everlasting God The meaning of which place is by Expositors left uncertain as before we noted yet the succeding practice both of Jews and Gentiles in consecrating Groves for superstitious and Idolatrous Uses mention whereof is very frequent in the Scriptures makes it plain and evident that they concdeived this planting of a Grove by Abraham was but the consecrating of it to the service of God for invocating on the Name of the Lord Jehovah Greater Antiquity than this as we need not seek so a more holy Author of those Dedications we can hardly find And yet the practice and Authority of Jacob is not much short of it either in point of reputation or respect of time of whom it is recorded that he took the Stone which he had put for his Pillow Gen. 28.17 and set it up for a Pillar and poured Oyl on the top of it and then and not till then that it was thus consecrated he called the name of the place BETHEL which by interpretation is the House of God Look what effect this Act of Jacob did produce and we shall find first that God took unto himself the name of the God of Bethel as a place dedicated for his Worship Gen. 31. v. 13. And secondly that in reference to this Consecration it was thought the fittest place for Jacob even by God himself to offer sacrifice to the Lord and to pay his vows Gen. 35.16 Nor can I doubt but that when Jeroboam the Son of Nebat made choice of Bethel 1 Kings 12.9 to be the seat for one of his Golden Calves he had respect unto the consecration of this place by the
and Ministers shall move the people to joyn with them in Prayer in this Form or to this effect as briefly as conveniently they may Ye shall pray for Christs holy Catholick Church that is for the whole Congregation of Christian people dispersed through the whole world and especially for the Churches of England Scotland and Ireland And herein I require you most especially to pray for the Kings most excellent Majesty our Sovereign Lord James King of England Scotland France and Ireland Defender of the Faith and Supreme Governour in these his Realms and all other his Dominions and Countreys over all Persons in all causes as well Ecclesiastical as Temporal Ye shall also pray for our gracious Queen Ann the noble Prince Henry and the rest of the Kings and Queens Royal Issue Ye shall also pray for the Ministers of Gods holy Word and Sacraments as well Archbishops and Bishops as other Pastors and Curats Ye shall also pray for the Kings most honourable Council and for all the Nobility and Magistrates of this Realm that all and every of those in their several callings may serve truly and painfully to the Glory of God and the edifying and well-governing of his people remembring the accompt they must make Also ye shall pray for the whole Commons of this Realm that they may live in true Faith and fear of God and humble obedience to the King and Brotherly Charity one to another Finally let us praise God for all those that are already departed out of this life in the Faith of Christ and pray unto God that we may have grace to direct our lives after their good examples that this life ended we may be made partakers with them of the glorious Resurrection in the life everlasting Always concluding with the Lords Prayer So far the Letter of the Canon in which there was not any purpose nor in the makers of the same to introduce into the Church any Form of Prayer or Invocation save those which were laid down in the Common prayer Book nor indeed could they if they would the Statute 1 Eliz. being still in force but to reduce her Ministers to the antient usage of this Church which had been much neglected if not laid aside The Canons then established were no late Invention as some give it out but a Collection of such Ordinances and pious Customs as had been formerly in use since the Reformation which being scattered and diffused in several Injunctions Orders and Advertisements published by K. Henry VIII K. Edward VI. and Q. Eliz. or in the Canons of particular Convocations in those times assembled or otherwise retained in continual practice was by the care and wisdom of the Clergy in the Synod at London An. 1603. drawn up together into one body and by his Majesty then being Authorized in due form of Law And being so Authorized by his Majesty the Canons then made had the force of Laws and were of power to bind the Subjects of all sorts according to their several and respective concernments as fully and effectually as any Statute or Act of Parliament can bind the Subject of this Realm in their goods and properties For which consult the Statute 25. H. 8. cap. 19. and the practice since Which as it may be said of all so more particularly of the Canon now in question of which it is to be considered that the main body of the same had been delivered formerly almost verbatim in the Queens Injunctions published by her Royal and Supream Authority in the first year of her Reign Anno 1559. which I will therefore here put down that by comparing both together we may the better see the true intention of that Canon and what is further to be said in the present business The Queens Injunction is as followeth The title this The Form of bidding the Prayers to be used generally in this uniform sort and then the body of it is this Ye shall pray for Christs holy Catholick Church that is for the whole Congregation of Christian people dispersed throughout the whole world and especially for the Churches of England and Ireland and herein I require you most especially to pray for the Queens most excellent Majesty our Soveraign Lady Eliz. Queen of England France and Ireland Defender of the Faith and supream Governour of this Realm as well in causes Ecclesiastical as Temporal You shall also pray for the Ministers of Gods holy Word and Sacraments as well Archbishops and Bishops as other Pastors and Curats Ye shall also pray for the Queens most honourable Council and for all the Nobility of this Realm That all and every of these in their callings may serve truly and painfully to the glory of God and edifying of his people remembring the accompt they must make Also you shall pray for the whole Commons of this Realm that they may live in true faith and fear of God in humble Obedience and brotherly Charity one to another Finally let us praise God for all those that are departed out of this life in the faith of Christ and pray unto God that we may have grace to direct our lives after their good example that after this life we may be made partakers of the glorious resurrection in the life everlasting These are the very words of the Injunction wherein it is to be observed that as the Canon hath relation to this Injunction so neither this Injunction nor any thing therein enjoyned was of new erection but a Reviver only of the usual Form which had been formerly enjoyned and constantly observed in King Edwards days as we shall see by looking over the Injunction published and the practice following thereupon in the said Kings Reign Now the Injunction of King Edward the 6. is in this Form following The Title thus The Form of bidding the Common prayers and then the Form it self You shall pray for the whole Congregation of Christs Church and especially for this Congregation of England and Ireland wherein first I commend to your devout prayers the Kings most excellent Majesty supreme Head immediately under God of the Spiritualty and Temporalty of the same Church And for Queen Katharine Dowager and also for my Lady Mary and my Lady Elizabeth the Kings Sisters Secondly you shall pray for my Lord Protectors grace with all the rest of the Kings Majesties Council for all the Lords of this Realm and for the Clergy and Commons of the same Beseeching Almighty God to give every one of them in his degree Grace to use themselves in such wise as may be to Gods glory the Kings honour and the weal of this Realm Thirdly you shall pray for all them that be departed out of this world in the faith of Christ that they with us and we with them at the day of Judgment may rest both Body and Soul with Abraham Isaac and Jacob in the Kingdom of Heaven This was the Form first published in the beginning of the Reign of King Edward VI. and it continued all
or exhorting but taking to themselves the liberty of their own expression for the phrase and stile according to the purpose and effect of the said Injunction And it is worth our noting too that presently upon the end of this exhortation or bidding of the Prayers used by Dr. Parker there followeth in the book these words Hic factae sunt tacitae preces By all which we may perceive most evidently that it was then the peoples practice and is now our duty immediately upon the bidding of the Prayers or on the Preachers moving of the people to joyn with them in Prayer as the Canon hath it to recollect the heads recommended to them and tacitly to represent them to the Lord in their devotions or otherwise to comprechend them in the Pater-noster with which the Preacher by the Canon is to close up all And now being come to the times of King Edward the sixth we will next look on Bishop Latimer the fourth of these five Prelates whom before I spake of who living in King Henry and King Edwards times and in their times using that Form of bidding Prayers which is prescribed both in the Canon and Injunctions shews plainly that the antient practice in this kind was every way conform to the present Canon and the old Injunctions And first to keep our selves to King Edwards Reign we have eight passages in his Sermons preached in that Kings time whereby we may perceive what the usage was six of them laid down in brief and two more at large the two last being as a comment on the former six of the six brief the first occurs in his 2d p. 33. Sermon before King Edward thus Hitherto goeth the Text That I may declare this the better to the edifying of your Souls and the glory of God I shall desire you to pray c. So in his third before the King p. 42. March the 22. Before I enter further into this matter I shall desire you to pray c. And in the fourth March 29. That I may have grace so to open the remnant of this Parable that it may be to the glory of God and edifying of your souls I shall desire you to pray in the which prayer c. And in the 5th Sermon before the King on the 6th of April p. 51. having entred on his matter he thus invites them to their Prayers And that I may have grace c. So in the sixth April the 13th This is the story and that I may declare this Text so as it may be to the honour of God and the edifying of your souls and mine both I shall desire you to help me with your prayers in the which c. The last is in a Sermon before that King p. 108. Preached at the Court in Westm An. 1550. where he doth it thus Here therefore I shall desire you to pray c. These instances compared with the other two make the matter plain whereof the first is in the seventh before King Edward April 19. 1549. Thus This day we have in memory Christs bitter passion and death the remedy of our Sin Therefore I intend to treat of a piece of the story of his passion I am not able to treat of all that I may do this the better and that it may be to the honour of God and the edification of your Souls and mine both I shall desire you to pray c. In this prayer I shall desire you to remember the Souls departed with laud and praise to Almighty God that he did vouchsafe to assist them at the hour of their death I shall desire you to pray c. And in the which c. What mean these caetera's That we shall see most manifestly in his Sermon Preached at Stamford p. 88. Octob. 9. 1550. which shews indeed most fully that the Form of bidding Prayers then used was every way conform to the Injunction of King Edward VI. and very near the same which was prescribed after by the Queens Injunction For having as before proposed his matter he thus bids the Prayers And that I may at this time so declare them as may be for Gods glory your edifying and my discharge I pray you to help me with your prayers in the which prayer c. For the Vniversal Church of Christ through the whole world c. for the preservation of our Sovereign Lord King Edward the Sixth sole Supreme Head under God and Christ of the Churches of England and Ireland c. Secondly for the Kings most honourable Council Thirdly I commend unto you the Souls departed this life in the Faith of Christ that ye remember to give laud praise and thanks to Almighty God for his great goodness and mercy shewed unto them in that great need and conflict against the Devil and Sin and that gave them in the hour of death faith in his Sons Death and Passion whereby they conquer and overcome and get the victory Give thanks I say for this adding prayers and supplications for your selves that it may please God to give you like faith and grace to trust only in the death of his dear Son as he gave unto them For as they be gone so must we and the Devil will be as ready to tempt us as he was them and our sins will light as heavy upon us as theirs did upon them and we were as weak and unable to resist as were they Pray therefore that we may have Grace to die in the same faith as they did and at the latter day to be raised with Abraham Isaac and Jacob and be partakers with Christ in the Kingdom of Heaven for this and all other graces let us say the Lords prayer Now unto Bishop Latimer we will joyn another of the same time and as high a calling which is Dr. Gardiner Bishop of Winchester of whom whatever may be said in other respects in this it cannot be objected but that he followed the Form and Order then prescribed for in a Sermon Preached before King Edward VI. Anno 1550. being the Fourth of that Kings Reign before the naming of his Text for ought appears he thus bids the Prayer Most honourable Audience I purpose by the grace of God to declare some part of the Gospel that is accustomably used to be read in the Church at this day and that because without the special grace of God neither I can speak any thing to your edifying nor ye receive the same accordingly I shall desire you all that we may joyntly pray all together for the assistance of his grace In which prayer I commend to Almighty God your most excellent Majesty our Sovereign Lord King of England France and Ireland and of the Church of England and Ireland next and immediately under God here on earth Supream Head Q. Katharine Dowager my L. Maries grace and my L. Elizabeths grace your Majesties most dear Sisters my L. Protectors grace with all others of your most honourable
done afterwards in pursuit hereof consisted specially in beating down the opposition of the common people who were not easily induced to lay by their business next in a descant as it were on the former plain-song the adding of particular restrictions as occasion was which were before conteined though not plainly specified both in the Edicts of the former Emperours and Constitutions of the Churches before remembred Yet all this while we find not any one who did observe it as Sabbath or which taught others so to do not any who affirmed that any manner of work was unlawful on it further than as it was prohibited by the Prince or Prelate that so the people might assemble with their greater comfort not any one who preached or published that any pastime sport or recreation of an honest name such as were lawful on the other days were not fit for this And thereupon we may resolve as well of lawful business as of lawful pleasures that such as have not been forbidden by supream Authority whether in Proclamà tions of the Prince or Constitutions of the Church or Acts of Parliament or any such like Declaration of those higher Powers to which the Lord hath made us subject are to be counted lawful still It matters not in case we find it not recorded in particular terms that we may lawfully apply our selves to some kind of business or recreate our selves in every kind of honest pleasure at those particular hours and times which are left at large and have not been designed to Gods publick service All that we are to look for is to see how far we are restrained from labour or from recreations on the Holy days and what Authority it is that hath so restrained us that we may come to know our duty and conform unto it The Canons of particular Churches have no power to do it further than they have been admitted into the Church wherein we live for then being made a part of her Canon also they have power to bind us to observance As little power there is to be allowed unto the Declarations and Edicts of particular Princes but in their own dominions only Kings are Gods Deputies on the Earth but in those places only where the Lord hath set them their power no greater than their Empire and though they may command in their own Estates yet is it extra sphaeram activitatis to prescribe Laws to Nations not subject to them A King of France can make no Law to bind us in England Much less must we ascribe unto the dictates and directions of particular men which being themselves subject unto publick Order are to be hearkned to no further than by their life and doctrine they do preach obedience unto the publick Ordinances under which they live For were it otherwise every private man of name and credit would play the Tyrant with the liberty of his Christian Brethren and nothing should be lawful but what he allowed of especially if the pretence be fair and specious such as the keeping of a Sabbath to the Lord our God the holding of an holy convocation to the King of Heaven Example we had of it lately in the Gothes of Spain and that strange bondage into which some pragmatick and popular man had brought the French had not the Council held at Orleans gave a check unto it And with examples of this kind must we begin the story of the following Ages CHAP. V. That in the next six hundred years from Pope Gregory forwards the Lords day was not reckoned of as of a Sabbath 1. Pope Gregories care to set the Lords day free from Jewish rigours at that time obtruded on the Church 2. Strange fancies taken up by some about the Lords day in these darker Ages 3. Scriptures and Miracles in these times found out to justifie the keeping of the Lords day holy 4. That in the judgment of the most learned in these six Ages the Lords day hath no other ground than the Authority of the Church 5. With how much difficulty the people of these times were barred from following their Husbandry and Law-days on the Lords day 6. Husbandry not restrained on the Lords day in the Eastern parts until the time of Leo Philosophus 7. Markets and Handierafts restrained with no less opposition than the Plough and Pleading 8. Several casus reservati in the Laws themselves wherein men were permitted to attend those businesses on the Lords day which the laws restrained 9. Of divers great and publick actions done in these Ages on the Lords day 10. Dancing and other sports no otherwise prohibited on the Lords day than as they were an hindrance to Gods publick Service 11. The other Holy days as much esteemed of and observed as the Lords day was 12. The publick hallowing of the Lords day and the other Holy days in these present Ages 13. No Sabbath all these Ages heard of either on Saturday or Sunday and how it stood with Saturday in the Eastern Churches WE are now come to the declining Ages of the Church after the first 600 years were fully ended and in the entrance on the seventh some men had gone about to possess the people of Rome with two dangerous fancies one that it was not lawful to do any manner of work upon the Saturday or the old Sabbath ita ut die Sabbati aliquid operari prohiberent the other ut dominicorum die nullus debeat larari that no man ought to bathe himself on the Lords day or their new Sabbath With such a race of Christned Jews or Judaizing Christians was the Church then troubled Against these dangerous Doctrines did Pope Gregory write his Letter to the Roman Citizens stiling the first no other than the Preachers of Antichrist Epl. 3. l. 11. one of whose properties it shall be that he will have the Sabbath and the Lords day both so kept as that no manner of work shall be done on either qui veniens diem Sabbatum atque dominicum ab omni faciet opere custodire as the Father hath it Where note that to compell or teach the people that they must do no manner of work on the Lords day is a mark of Antichrist And why should Antichrist keep both days in so strict a manner Because saith he he will persuade the people that he shall die and rise again therefore he means to have the Lords day in especial honour and he will keep the Sabbath too that so he may the better allure the Jews to adhere unto him Against the other he thus reasoneth Et si quidem pro luxuria voluptate quis lavari appetit hoc fieri nec reliquo quolibet die concedimus c. If any man desires to bathe himself only out of a luxurious and voluptuous purpose observe this well this we conceive not to be lawful upon any day but if he do it only for the necessary refreshing of his body then neither is it fit it should be forbidden upon the
University For if it had been so appointed by the University he would have been rewarded for it by the same power and authority which had so appointed when he appeared a Candidate for the Professorship on the death of Whitacres but could not find a party of sufficient power to carry it for him of which see also Chap. 21. Numb 4. And thirdly as for the not Priting of the Sermon it is easily answered the genius of the time not carrying men so generally to the Printing of Sermons as it hath done since But it was Printed at the last though long first And being Printed at the last hath met with none so forward in the Confutation as Mr. Wotton is affirmed to be when at first it was Preached And therefore notwithstanding these three surmises which the Author of the Perpetuity c. hath presented to us it may be said for certain as before it was that Mr. Harsnet was never called in question for that Sermon of his by any having Authority to convent him for it and much less that he ever made any such Recantation as by the said Author is suggested In the next place we will behold a passage in one of the Lectures upon Jonah delivered at York Anno 1594. by the right learned Dr. John King discended from a Brother of Robert King the first Bishop of Oxon afterwards made Dean of Christ Church and from thence presented by the power and favour of Archbishop Bancroft to the See of London A Prelate of too known a zeal to the Church of England to be accused of Popery or any other Heterodoxies in Religion of what sort soever who in his Lecture on these words Yet forty days and Nineveh shall be overthrown cap. 3. verse 4. discoursed on them in this manner The only matter of Question herein Bishop King's Lecture upon Jonath Lect. 33. p. 450. is how it may stand with the constancy and truth of eternal God to pronounce a Judgment against a place which taketh not effect within one hundred years For either he weas ignorant of his own time which we cannot imagine of an omniscient God or his mind was altered which is unproble to suspect Numb 23. Heb. 13. Rev. 1. For is the strength of Israel a man that he should lie or as the Son of man that be should repent Is he not yesterday and to day and the same for ever that was that is and that which is to come I mean not only in substance but in Will and Intention Doth he use lightness Are the words that he speaketh yea and nay Doth he both affirm and deny too 2 Cor. 1. Are not all his Promises are not all his Threatnings are not all his Mercies are not all his Judgments are not all his Words are not all the titles and jots of his words yea and amen so firmly ratified that they cannot be broken Doubtless it shall stand immutable When the Heaven and the Earth shall be changed Mal. 3. and wax old like a garment Ego Deus non mutor I am God that am not changed Aliud mutare voluntatem aliud velle mutationem Aquin 1. qu. 19. art 7. The School in this respect hath a wise distinction It is one thing to change the will and another to will a change or to be willed that a change should be God will have the Law and Ceremony at one time Gospel without Ceremony at another this was his Will from Everlasting constant and unmoveable that in their several courses both should be Though there be a change in the matter and subject there is not a change in him that disposeth it Our Will is in Winter to use the fire in Summer a cold and an open air the thing is changed according to the season but our Will whereby we all decreed and determined in our selves so to do remain the same Sometimes the Decrees and purposes of God consist of two parts the one whereof God revealeth at the first and the other he concealeth a while and keepeth in his own knowledge as in the action enjoyned to Abraham the purpose of God was twofold 1. To try his Obedience 2. To save the Child A man may impute it inconstancy to bid and unbid Mutat seo tentiam non mutat consilium lib. 10. mor. cap. 23. but that the Will of the Lord was not plenarily understood in the first part This is it which Gregory expresseth in apt terms God changeth his intent pronounced sometimes but never his Counsel intended Sometimes things are decreed and spoken of according to inferiour cause which by the highest and over-ruling cause are otherwise disposed of One might have said and said truly both ways Lazarus shall rise again and Lazarus shall not rise again if we esteem it by the power and finger of God it shall be but if we leave it to nature and to the arm of flesh it shall never be The Prophet Esay told Hezekias the King put thy house in order Esa 38. for thou shalt die considering the weakness of his body and the extremity of his disease he had reason to warrant the same but if he told him contrariwise according to that which came to pass thou shalt not die looking to the might and merecy of God who received the prayers of the King he had said as truly But the best definition is that in most of these threatning there is a condition annexed unto them either exprest or understood which is as the hinges to the door Jer. 18. and turneth forward and backward the whole matter In Jeremy it is exprest I will speak suddenly against a Nation or a Kingdom to pluck it up to root it out and to destroy it But if this Nation Jer. 18. against whom I have pronounced turn from their wickedness I will repent of the plague which I thought to bring upon them So likewise for his mercy I will speak suddenly concerning a Nation and concerning a Kingdom to build it and to plant it but if yet do evil in my sight and hear not my voice I will repent of the good I thought to do for them Gen. 20. it is exprest where God telleth Abimeleck with-holding Abrahams Wife Thou art a dead man because of the Woman which thou hast taken the event fell out otherwise and Abimeleck purged himself with God With an upright mind and innocent hands have I done this There is no question but God inclosed a condition with his speech Thou art a dead man if thou restore not the Woman withoput touching her body and dishonouring her Husband Thus we may answer the scruple by all these ways 1. Yet forty days and Nineveh shall be overthrown and yet forty and forty days and Nineveh shall not be overthrown Wy Because Nineveh is changed and the unchangable will of God ever was that if Nineveh shewed a change it should be spared 2. There were two parts of Gods purpose the one disclosed
darling Doctrine of this present time so is it very eagerly pursued by Buchannan who affirms expresly Quicquid juris populus alicui dederit Buchann de jure Regni idem justis de causis posse reposcere that whatsoever power the people give unto their King or Supream Magistrate they may resume again upon just occasions Their Power they make so small and inconsiderable that they afford them very little even in matters of Temporal and no Authority at all in things Spiritual Calvin professeth for himself that he was very much agrieved to hear that King Henry the eighth had took unto himself the Title of Supream Head of the Church of England accuseth them of inconsiderate zeal nay blasphemy who conferred it on him and though he be content at last to allow Kings a Ministerial power in matters which concern the Reformation of Gods Publick Worship yet he condemns them as before of great inconsiderateness Calvin in Amos cap. 7. Qui facerent eos nimis spirituales who did ascribe unto them any great authority in spiritual matters The designation of all those who bear publick Office in the Church the calling of Councils or Assemblies the Presidency in those Councils Ordaining publick Fasts and appointing Festivals which anciently belonged unto Christian Princes as the chief branches of the Ecclesiastical Jurisdiction which is vested in them are utterly denied to Kings and Princes in their Books of Discipline Insomuch that when the Citizens of Embden did expel their Earl they did it chiefly for this reason Thuan. hist l. 114. Quod se negotiis Ecclesiasticis Consistorialibus praeter jus aequitatem immisceret that he had intermedled more than they thought fit in Ecclesiastical causes and intrenched too much upon their Consistory As for their power in Temporal or civil Causes by that time Knoxes Peers and Buchannans Judges Paraeus his inferiour Magistrates and Calvins popular Officers have performed their parts in keeping them within the compass of the Laws arraigning them for their offences if they should transgress opposing them by force of Arms if any thing be done unto the prejudice of the Church or State and finally in regulating their Authority after the manner of the Spartan Ephori and the Roman Tribunes all that is left will be by much too little for a Royd'Ivitot or for a King of Clouts as we English phrase it Last of all for their persons which God held so sacred that he gave it for a Law to his people Israel not to speak evil of their Princes saying Thou shalt not speak evil of the Ruler of thy people Let us but look upon these men and we shall find the basest attributes too good for the greatest Kings Calvin calls Mary Queen of England by the name of Proserpine Calvin in Amos cap. 7. and saith that she did superare omnes Diabolos that all the Devils of Hell were not half so mischievous Beza affords Queen Mary of Scotland no better Titles than those of Medea and Athaliah Beza in Epist ad Jo. of which the last was most infamous in divine the other no less scandalous in humane stories the one a Sorceress and a Witch the other a Tyrant and Usurper The Author of the Altare Damascenum whosoever he was can find no better attribute for King James of most blessed memory than infensissimus Evangelii hostis Didoclaviuâ— in Epistola ad â—â—ctor the greatest and deadly Enemy of the Gospel of Christ And Queen Elizabeth her self did not scape so clear but that the zealous Brethren were too bold sometimes with her Name and Honour though some of them paid dearly for it and were hanged for their labour How that seditious Hugonot the Author of the lewd and unworthy Dialogue entituled Eusebius Philadelphus hath dealt with three great Princes of the House of France and what reproachful names he gives them I had rather you should look for in the Author than expect from me being loath to wade too far in these dirty puddles save that I shall be bold to add this general Character which Didoclavius gives to all Kings in general viz. Naturâ insitum est in omnibus Regibus Christi odium that all Kings naturally hate Christ which may serve for all This is enough to let us see how irreconcileable an hatred these of the Calvinian faction bear against Kings and Princes how well they play the part of the very Antichrist in exalting themselves against whatsoever is called God and that the special reason why they affect so much to be called the Saints is out of a strong probable hope to see the day in which they shall bind Kings in chains and all the Princes of the earth in fetters of iron Finally such is their disaffection unto sacred Monarchy which they have sucked out of the grounds and principles here laid down by Calvin that we may justly say of them what was most truely said of the ancient Romans quasi nefas esset Regem aliquem prope eorum terminos esse Jâ—stin hist l. 29. they have bestirred themselves so bravely in defiance of the Regal Government as if they did account it an unpardonable sin to suffer any King though most good and gracious to border near them Which lest they should not be of power to compass by their popular Magistrates or by the Judges or the Peers or the People severally which make the main Battel for this Combat let us next look on the Reserve and see what hopes they have to effect the business by the three Estates conjoyned in Parliament or by what other name soever we shall call their meeting which Calvin in the last place doth reflect upon but cautiously with a qua forte or a peradventure as in that before CHAP. V. What are the three Estates in each several Kingdom in which CALVIN speaks and what particularly in the Realm of England 1. Of the division of a People into three Estates and that the Priests or Clergy have been always one 2. The Priests employed in Civil matters and affairs of State by the Egyptians and the Persians the Greeks Gauls and Romans 3. The Priests and Levites exercised in affairs of Civil Government by Gods own appointment 4. The Prelates versed in Civil matters and affairs of State in the best and happiest times of Christianity 5. The Clergy make the third Estate in Germany France Spain and the Northern Kingdoms 6. That antiently in the Saxon times the Ecclesiasticks of this Realm were called to all publick Councils 7. The Prelates an essential fundamental part of the English Parliament 8. Objections answered and that the word Clerus in the Legal notion doth not extend unto the Prelates 9. That the inferior Clergy of the Realm of England had anciently their Votes in Parliament to all intents and purposes as the Commons had 10. Objections answered and that the calling of the Clergy to Parliaments and Convocations were after different maners and by several Writs
their Synods as with some Laws or Ordinances which were lately passed more to the advantage of the Clergy than the common people put in a Bill to this effect viz. That no Act nor Ordinance should from thenceforth be made or granted on the petition of the said Clergy without the consent of the Commons and that the said Commons should not be bound in times to come by any constitutions made by the Clergy of this Realm for their own advantage to which the Commons of this Realm had not given consent The reason of the which is this and 't is worth the marking car eux ne veullent estre obligez a nul de vos estatuz ne Ordinances faitz sanz leur assent because the said Clergy did not think themselves bound as indeed they were not in those times by any Statute Act or Ordinance made without their Assent in the Court of Parliament Which clearly shews that in those times the Clergy had their place in Parliament as the Commons had Put all which hath been said together and tell me if it be not clear and evident that the inferiour Clergy had their place in Parliament whether the clause touching the calling of them thither were not more than verbal in the Bishops Writs and is true that in the Writ of summons directed to their several and respective Bishops they were called only ad consentiendum to manifest their consent to those Acts and Ordinances which by the Common-council of the Realm were to be ordained But then it is as true withal that sometimes their advice was asked in the weighty matters as in the 21 of King Richard the 2. and sometimes they petitioned and remonstrated for redress of grievances as in the instances and cases which were last produced And 't is as true that if they had been present only ad consentiendum to testifie their assent to those Acts which by the Common-council of the Realm were proposed unto them their presence was as necessary and their Voice as requisite to all intents and purposes for ought I can see as the Voice and presence of the Commons in the times we speak of For in the Writs of summons issued to the several Sheriffs for the electing of Knights Citizens and Burgesses to attend the Parliament it is said expresly first that the King resolveth upon weighty motives touching the weal and safety both of Church and State to hold his Parliament Forma Brevis pro summonit Parliamenti ibidem cum Praelatis Magnatibus Proceribus dicti regni nostri colloquium habere tractare then and there to advise and treat with the Prelates Peers and Nobles of this Realm Which words are also expresly used in the Writs of summons directed to the Bishops Titles of Hon. part 2. cap. 5. and to every of them who also are required in a further clause consilium suum impendere to give the King their best advice in his great affairs So that the Prelates and Nobility convened in Parliament made the Kings great Council and were called thither to that end What then belonged unto the Commons 1. No more than did belong to the Clergy also that is to say the giving of their consent to such Laws and Statutes as should there be made Which notwithstanding in Tract of time gave them such a sway and stroke in the course of Parliaments that no Law could be made nor no Tax imposed without their liking and allowance And this is that which is expressed in the last clause of the said Writ by which the Knights and Burgesses are to come prepared ad faciendum consentiendum iis quae tunc ibidem de consilio dicti Regni nostri super negotiis antedictis contigerint ordinari Forma Brevis c. Which is the very same which you had before in the Writ directed to the Bishops for summoning the Clergy of their several Diocesses and that here is a faciendum which the other had not A word which if you mark it well hath no operation in the construction of the Text except it be in paying Subsidies or doing such things as are appointed to be done by that great Council of the Kingdom Which clause though it be cunningly left out that I may say no worse in the recital of the Writ by the Author of the Book entituled The Prerogative and practice of Parliaments is most ingenuously acknowledged in the Declaration of the Lords and Commons assembled at Oxon Declaration of the Treaty p. 15. where it is said That the Writs of summons the foundation of all power in Parliament are directed to the Lords in express terms to treat and advise with the King and the rest of the Peers of the Kingdom of England and to the Commons to do and consent to those things which by that Common-council of England should be ordained And thus it stands as with the common people generally in most states of Christendom so with the Commons anciently in most states of Greece of which Plutarch telleth us Plutarch in Lâ—curgo That when the people were assembled in Council it was not lawful for any of them to put forth matters to the Council to be determined neither might any of them deliver his Opinion what he thought of any thing but the people had only authority 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to give their assent unto such things as either the Senators or their Kings do propound unto them But against this it is objected first that it is not to be found at what time the Clergy lost their place and Vote in Parliament and therefore it may reasonably be presumed that they had never any there and 2dly that if they had been called ad consentiendum though no more than so we should have found more frequent mention of their consent unto the Acts and Statutes in our printed Books For answer unto which it may first be said that to suppose the Clergy had no Voice in Parliament because it is not to be found when they lost that priviledg is such a kind of Argument if it be an argument as is made by Bellarmine Bellarm. de Eccl. lib 4. c. 5. to prove that many of the controverted Tenets of the Church of Rome are neither erroneous nor new because we cannot say expresly quo tempore quo autore when and by whose promoting they first crept in And though we cannot say expresly when the inferiour Clergy lost their place in Parliament in regard it might be lost by discontinuance or non-usage or that the clause was pretermitted for some space of time the better to disuse them from it or that they might neglect the service in regard of their attendance in the Convocation which gave them power and reputation both with the common people yet I have reason to believe that this pretermission and disuse did chiefly happen under the Government of the Kings of the House of Lancaster who being the true Heirs and
regulated by the three Estates 6. Of what Authority they have been antiently in the Parliaments of Scotland 7. The King of England always accounted heretofore for an absolute Monarch 8. No part of Sovereignty invested legally in the English Parliaments 9. The three Estates assembled in the Parment of England subordinate unto the King not co-ordinate with him 10. The Legislative power of Parliaments is properly and legally in the King alone 11. In what particulars the power of the English Parliament doth consist especially 12. The Kings of England ordinarily over-rule their Parliaments by themselves their Council and their Judges 13. Objections answered touching the power and practice of some former Parliaments and the testimonies given unto them 14. No such Authority given by God in Holy Scripture to any such Popular Magistrates as Calvin dreams of and pretends 15. The Application and Conclusion of the whole discourse I Have been purposely more copious in the former Chapter because I thought it necessary to declare and manifest who made the three Estates in each several Kingdom which are pretended by our Author to have such power of regulating the Authority and censuring the actions and the persons of their Sovereign Princes And this the rather in regard it is thought of late and more than thought presented to the world in some publick writings especially as it relates to the Realm of England that the King the Lords and Commons make the three Estates which brings the King into an equal rank with the other two in reference to the business and affairs of Parliament A fancy by what accident soever it was broached and published which hath no consistence either with truth or ordinary observation or with the practice of this Realm or of any other For the proof of this my position that the King is none of the three Estates as is now pretended if all proofs else should fail I have one from Calvin whose judgment in this point amongst many of us will be instar omnium Calvin instit 4. cap. ult For where he saith in singulis Regnis tres esse Ordines that there are three Estates in each several Kingdom and that these three Estates convened in Parliament or by what other name soever they call their meeting are furnished with a power Regum lididinem moderandi of moderating the licentiousness of Kings and Princes and that they become guilty of perfidious dissimulation si Regibus impotenter grassantibus c. If they connive at Kings when they play the Tyrants or wantonly insult on the common people I trow it cannot be conceived that the King is any one of the three Estates who are here trusted or at least supposed to be intrusted with sufficient power as well to regulate his authority as to control his actions If Calvin be allowed to have common sense and to have wit and words enough to express his meaning as even his greatest Adversaries do confess he had it must be granted that he did not take the King of what Realm soever to be any of the three Estates or if he did he would have thought of other means to restrain his insolencies than by leaving him in his own hands to his own correction Either then Calvin is mistaken in the three Estates and if he be mistaken in designing the men he aims at may he not be mistaken in the power he gives them or else the King is none and indeed can be none of the three Estates qui primarios conventus peragunt who usually convene in Parliament for those ends and purposes before remembred But not to trust to him alone though questionless he be ideoneus testis in the present case Let us behold the Assembly of the three Estates or Conventus Ordinum in France from whence it is conceived that all Assemblies of this kind had their first Original and we shall find a very full description of them in the Assembly des Estats at Bloys under Henry III. Anno 1577. of which thus Thuanus Rex in sublimi loco sub uranisco sedebat Thanus in histor sci temp l. 63. c. The King saith he sate on an high erected Throne under the Canopy of State the Queen-Mother and the Queen his Wife and all the Cardinals Princes Peers upon either hand And then it followeth Transtris infra dispositis ad dextram suam sacri Ordinis Delegati ad laevam Nobilitas infra plebetus ordo sedebat that on some lower forms there sate the Delegates of the Clergy towards the right hand of the King the Nobility towards the left and the Commissioners for the Commons in the space below We may conjecture at the rest by the view of this Of those in Spain by those Conventions of the States which before we spake of at Burgos Monson Toledo and in other places in which the King is always mentioned as a different person who called them and dissolved them as he saw occasion For Scotland it is ordinary in the stile of Parliaments to say the King and the Estates do ordain and constitute for which I do refer you to the Book of Statutes which clearly makes the King to be a different person from the Estates of that Kingdom And as for England Statutes of Scotland besides what may be gathered from the former Chapter we read in the History of Titus Livius touching the Reign and Acts of King Henry V. that when his Funerals were ended the three Estates of the Realm of England did assemble together and declared his Son King Henry VI. being an Infant of eight months old to be their Sovereign Lord Tit. Liv. M. S. in Bibl. Bodl. as his Heir and Successor And in the Parliament Rolls of King Richard III. there is mention of a Bill or Parchment presented to that Prince being then Duke of Glocester on the behalf and in the name of the three Estates of this Realm of England that is to wit of the Lords Spiritual and Temporal and of the Commons by name which forasmuch as neither the said three Estates nor the persons which delivered it on their behalf were then Assembled in form of Parliament was afterwards in the first Parliament of that King by the same three Estates Assembled in this present Parliament I speak the very words of the Act it self and by Authority of the same enrolled Ap. Speed in K. Rich. 3. recorded and approved And at the request and by the assent of three Estates of this Realm that is to say the Lords Spiritual and Temporal and Commons of this Land Assembled in this present Parliament and by Authority of the same it be pronounced decreed and declared that our said Sovereign Lord the King was and is the very and undoubted Heir of this Realm of England 1 Eliz. cap. 3. c. And so it is acknowledged in a Statute of 1 Eliz. cap. 3. where the Lords Spiritual and Temporal and the Commons in that Parliament assembled being said
expresly and in terminis to represent the three Estates of the Realm of England did recognize the Queens Majesty to be their true lawful and undoubted Sovereign Liege Lady and Queen This makes it evident that the King was not accounted in the times before for one of the three Estates of Parliament nor can be so accounted the present times For considering that the Lords and Commons do most confessedly make two of the three Estates and that the Clergy in another Act of Parliament of the said Queens time are confessed to be one of the greatest States of the Realm which Statute being still in force Statut. 8. Eliz. cap. 1. doth clearly make the Clergy to be the third either there must be more than three Estates in this Kingdom which is against the Doctrine of the present times or else the King is none of the Estates as indeed he is not which was the matter to be proved But I spend too much time in confuting that which hath so little ground to stand on more than the dangerous consequences which are covered under it For if the King be granted once to be no more than one of the three Estates how can it choose but follow from so sad a principle that he is of no more power and consideration in the time of Parliament than the House of Peers which sometimes hath consisted of three Lords no more or than the House of Commons only which hath many times consisted of no more than eighty or an hundred Gentlemen but of far less consideration to all intents and purposes in the Law whatever than both the Houses joyned together What else can follow hereupon but that the King must be co-ordinate with his two Honses of Parliament and if co-ordinate then to be over-ruled by their joynt concurrence bound to conform unto their Acts and confirm their Ordinances or upon case of inconformity and non-compliance to see them put in execution against his liking and consent to his foul reproach And what at last will be the issue of this dangerous consequence but that the Lords content themselves to come down to the Commons and the King be no otherwise esteemed of than the chief of the Lords the Princeps Senatus if you will or the Duke of Venice at the best no more which if Sir Edward Dering may be credited as I think he may in this particular seems to have been the main design of some of the most popular and powerful Members then sitting with him for which I do refer the Reader to his book of Speeches Which dangerous consequents whether they were observed at first by these who first ventured on the expression or were improvidently looked over I can hardly say Certain I am it gave too manifest an advantage to the Antimonarchical party in this Kingdom and hardned them in their proceeding against their King whom they were taught to look on and esteem no otherwise than as a Joint-tenant of the Sovereignty with the Lords and Commons And if Kings have partners in the Sovereignty they are then no King such being the nature and Law of Monarchy that si divisionem capiat interitum capiat necesse est Laciant Institut Div. l. 1. c. if it be once divided and the authorities thereof imparted it is soon destroyed Such is the dangerous consequence of this new Expression that it seemeth utterly to deprive the Bishops and in them the Clergy of this Land of all future hopes of being restored again to their place in Parliament For being the Parliament can consist but of three Estates if the King fall so low as to pass for one either the Bishops or the Commons or the Temporal Lords must desert their claim the better to make way for this new pretension and in all probability the Commons being grown so potent and the Nobility so numerous and united in bloud and marriages will not quit their interesse and therefore the poor Clergy must be no Estate because less able as the World now goeth with them to maintain their Title I have often read that Constantine did use to call himself 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Bishop or superintendent of his Bishops Euseb de vita Constant and I have often heard our Lawyers say that the King is the general Ordinary of the Kingdom but never heard nor read till within these few years that ever any King did possess himself of the Bishops place or Vote in Parliament or sat there as the first of the three Estates as anciently the Bishops did to supply their absence By which device whether the Clergy or the King be the greater losers though it be partly seen already future times will shew This Rub removed we next proceed to the examination of that power which by our Author is conferred on the three Estates which we shall find on search and tryal to be very different according to the constitution of the Kingdom in which they are For where the Kings are absolute Monarchs as in England Scotland France and Spain Bod in de Repuô l. 1. c. the three Estates have properly and legally little more Authority than to advise their King as they see occasion to present unto his view their common grievances and to propose such remedies for redress thereof as to them seem meetest to canvass and review such erroneous judgments as formerly have passed in inferiour Courts and finally to consult about and prepare such Laws as are expedient for the publick In other Countreys where the Kings are more conditional and hold their Crowns by compact and agreement between them and their Subjects the reputation and authority of the three Estates is more high and eminent as in Polonia Denmark and some others of the Northern Kingdoms where the Estates lay claim to more than a directive power and think it not enough to advise their King unless they may dispose of the Kingdom also or at least make their King no better than a Royal Slave Thus and no otherwise it is with the German Emperors who are obnoxious to the Laws Thuan. hist sui temp l. 2. and for their Government accomptable to the Estates of the Empire insomuch that if the Princes of the Empire be persuaded in their consciences that he is likely by his mal-administration to destroy the Empire and that he will not hearken to advice and counsel ab Electorum Collegio Caesaria potestate privari potest Anonym Script ap Philip. Paraeum in Append ad Rom. 13. he may be deprived by the Electors and a more fit and able man elected to supply the place And to this purpose in a Constitution made by the Emperor Jodocus about the year 1410. there is a clause that if he or any of his Successors do any thing unto the contrary thereof the Electors and other States of the Empire sine rebellionis vel infidelitatis crimine libertatem babeant Goldast Constit Imperial Tom. 3. p. 424. should be at liberty
from his three Estates than that which is afforded to the Kings of France Id. ibid. which being but general and comparative is yet enough to let us see that the Assembly of Estates in the Realms of Spain which they call the Curia is very observant of their King and obsequious to him and have but little of that power which is supposed by our Author to be inherent in the three Estates of all the Christian Kingdoms But this Bodinus proveth more particularly ascribing to the King and to him alone the power of calling this Assembly when he sees occasion and of dissolving it again when his work is done according as is used both in France and England And when they are assembled and met together their Acts and Consultations are of no effect further than as they are confirmed by the Kings consent Which he declareth in the same Form eadem formulâ quâ apud nos that hath accustomably been used by the Kings of France which is authoritative enough that is to say decernimus statuimus volumus We will and we appoint and we have decreed The Kings of Spain Id. ibid. p. 90. though not so despotical in their Government as the French Kings are are as absolute Monarchs and have as great an influence on the three Estates to make them pliant to their will and to work out their own ends by them as ever had the French Kings on their Courts of Parliament a touch whereof we had before in the former Chapter And this we may yet further see by their observance of the pleasure of King Philip the 2d Who having maried the Lady Elizabeth Daughter of Henry the 2d of France Convocatos Castellae reliquarum Hispaniae Provinciarum Ordines calling together the Estates of Castile and his other Provinces of Spain Thuan. hist sui temp l. 23. he caused them to swear to the succession of his Son Prince Charles whom he had by the Lady Mary of Portugal and after having on some jealousies of State put that Prince to death caused them to swear to the succession of another Son by the Lady of Austria And for the power of his Edicts which they call Pragmaticas they are as binding to the Subject as an Act of Parliament or any kind of Law whatever Examples of the which are very obvious and familiar in the Spanish Histories For though there be a body of Laws in use amongst them partly made up of some old Gothish Laws and Constitutions and partly of some parts of the Law imperial yet for the explanation of the Laws in force if any doubt arise about them or for supplying such defects which in the best collection of the Laws may occur sometimes the Magistrates and Judges are to have recourse to the King alone and to conform to such instructions as he gives them in it And this is it which was ordained by Alfonso the tenth qui etiam magistratus ad judices Principem adire jussit quoties patrio jure nihil de proposita causa seriptum esset as Bodinus hath it Bodin de Rep. lib. 1. cap. 8. 'T is true that for the railing of supplies of money and the imposing of extraordinary Taxes upon the Subject the Kings of Spain must be beholden to the three Estates without whose consent it cannot legally be done But then it is as true withal Id. ibid. p. 90. that there are customary Tributes called Servitia which the King raiseth of his own Aurhority without such consent And their consenting to the extraordinary is a thing of course the Spanish Nation being so well affected naturally to the power and greatness of their Kings whom they desire to make considerable if not formidable in the opinion of their Neighbours that the Kings seldom fail of moneys if the Subjects have it Finally that we may perceive how absolute this Monarch is over all the Courts or Curias of his whole Dominions take this along according as it stands verbatim in the Spanish History Spanish Hist 67. by Iyrannel The King of Spain as he is a potent Prince and Lord of many Countreys so hath he many Councils for the managing of their affairs distinctly and apart without any confusion every Council treating only of those matters which concern their Jurisdiction and charges with which Councils and with the Presidents thereof being men of chief note the King doth usually confer touching matters belonging to the good Government preservation and increase of his Estates and having heard every mans Opinion he commands that to be executed which he holds most fit and convenient Next let us take a view of Scotland and we shall find it there no otherwise I mean in reference to the point which is now in question than in France or Spain For besides that Bodinus makes it one of those absolute Monarchies ubi Keges sine controversia omnia jura Majestatis habent per sese Bodin de Repub l. 2. c. 7. Cambden in Britan. descript in which the Kings have clearly all the Rights of Majesty inherent in their own persons only it is declared in the Records of that very Kingdom that the King is directus totius Dominus the Sovereign Lord of the whole State and hath all authority and jurisdiction over all Estates and degrees as well Ecclesiaestical as Lay or Temporal And as for those Estates and Degrees convened in Parliament we may conjecture at their Power by that which is delivered of the Form or Order which they held it in Form of holding the Parl. in Scotland which is briefly this As soon as the Kings Writ is issued out for summoning the Estates to meet in Parliament he maketh choice of eight of the Spiritual Lords such on whose wisdom and integrity he may most rely which eight do chuse as many of the Temporal Lords and they together nominate eight more out of the Commissioners for the Counties and as many out of the Commissioners for the Towns or Burroughs These 32 thus chosen are called Domini pro Articulis Lords of the Articles and they together with the Chancellor Treasurer Keeper of the Privy Seal and principal Secretaries of State and the Master of the Rolls whom they call Clerk Register do admit or reject every Bill but not before they have been shewn unto the King if they pass there they are presented afterwards to the whole Assembly where being throughly weighed and examined and put unto the Votes of the House such of them as are carried by the major part of the Voices for the Lords and Commons sit together in the same House there are on the last day of the Sessions exhibited to the King who by touching them with his Scepter pronounceth that he either ratifieth and approveth them or that he doth disable them and make them void But if the business be disliked by the Lords of the Articles it proceeds no further and never comes unto the consideration of the Parliament
we that the Majesty of this Kingdom was first originally in the people and by them devolved upon the King by their joynt consent yet having given away that power by their said consent and setled it upon the King by an Act of State confirmed by Oaths and all Solemnities which that Act requires they cannot so retract that grant or make void that gift as to pass a new conveyance of it and settle it upon their Representees in the House of Commons Or if they could yet this would utterly exclude all the Lords from having the least share or portion in this new found Sovereignty in that they represent not the common people but sit there only in their own personal capacities and therefore must submit at last to these new made Sovereigns who carry both the Purse and Sword at their own girdles So then the people cannot give the Sovereignty and if they have no power to give it the Lords and Commons have no claim thereunto de jure See we next therefore how much of this Sovereignty they or their Predecessors rather have enjoyed de facto in peaceable and regular times fit to be drawn into example in the Ages following The chief particulars in which the Sovereignty consists we have seen before and will now see whether that any of them have been exercised and injoyed in peaceable and regular times by both or either of the two Houses of Parliament And first for calling and dissolving Parliaments making of Peers granting of liberty to Towns and Cities to make choice of Burgesses which antiently had no such liberty treating with forein States denouncing War or making Leagues or Peace after War commenced granting safe conduct and protection indenizing of Aliens giving of honours unto eminent and deserving persons Rewarding Pardoning Coyning Printing making of Corporations and dispensing with the Laws in force they are such points which never Parliament did pretend to till these later times wherein every thing almost is lawful I am sure more lawful than to fear God and honour the King Nor do I find that Mr. Prynn hath laboured to entitle them to these particulars For levying of Arms and the command of the Militia besides that the Kings of England have ever been in possession of it and that possession never disturbed or interrupted by any claim of right made in the behalf of the two Houses which is as sure a title as the Law can make the Houses have declared by an Act of Parliament Stat. 7. Ed. 1. Cap. 1. that of right it belongs unto the King streightly to defend that is prohibit all force of Arms and that the Parliament is bound to aid him in that prohibition Touching the Royal Navy and the Ports and Forts the Kings prescription to them is so strong and binding 3. Edw. 3. that in the 3d. of Edward III. the House of Commons did disclaim the having cognisance of such matters as the guarding of the Seas and marches of the Kingdom which certainly they had not done had they pretended any title to the Ports and Navy As for suppressing tumults and providing for the safety of the Kingdom against sudden danger the Law commits it solely to the care of the King 11 Henr. 7. c. 18. obliging every Subject by the duty of his allegeance to aid and assist him at all seasons when need shall require And for their power of declaring Law in the House of Peers wherein they deliver their opinion in the point before them in true propriety of speech they have none at all Case of our Affairs p. 4. And this is that which was affirmed by his Majesty at the end of the Parliament Anno 1628. saying that it belonged only to the Judges under him to interpret Laws and that none of the Houses of Parliament joynt or separate what new Doctrine soever might be raised had any power either to make or declare Law without his consent 3 Car. And if it be done with his consent it is not so properly the declaring and interpreting of an old Law as the making rather of a new saith a learned Gentleman Case of our Affairs p. 5. Others have found out a new way to invest the Parliament with the Robes of Sovereignty not as superior to the King but co-ordinate with him and this say they appears sufficiently in that the two Houses of Parliament have not only a power of consulting but of consenting and that too in the highest office of the Monarchy whereof they are a Co-ordinative part the making of Laws Fuller Answer to D.F. p. 2. Which dangerous doctrine as it was built at first on that former error which makes the King to be one of the three Estates in Parliament so it is super-structed with some necessary consequents whether more treasonable or ridiculous it is hard to say For on these grounds the Author of the Fuller Answers hath presented us with these trim devises Id. pag. 1. viz. that England is not a simple subordinate and absolute but a co-ordinative and mixt Monarchy that this mixt Monarchy is compounded of three co-ordinate Estates a King and two Houses of Parliament that these three make but one supream but that one is a mixt one or else the Monarchy were not mixt and finally which needs must follow from the premises that although every Member of the Houses seorsim taken severally may be called a Subject yet all collective in their Houses are no Subjects Auditum admissi risum teneatis Can any man hear these serious follies and abstain from laughter or think a fellow who pretends both to wit and learning should talk thus of a Monarchy which every one that knoweth any thing in Greek know to imply the supream government of one compounded of three to-ordinate Estates and those co-ordinate Estates consisting of no fewer than 600 persons Or that a man who can pretend but to so much use of reason as to distinguish him from a beast cauld fall on such a senseless dotage as to make the same man at the same time to be a Subject and no Subject a Subject in the Streets and in his private House no Subject when he sits in Haberdashers Hall for advance of moneys or in either of the two Houses of Parliament And yet this senseless doctrine is become so dangerous because so universally admired and hearkened to that the beginning and continuance of our long disturbances may chiefly be ascribed unto this opinion to which they have seduced the poor ignorant people The rather in regard that some who have undertaken the confutation of these brainless follies have most improvidently granted not only that the two Houses of Parliament are in a sort co-ordinate with the King ad aliquid to some Act or exercising of the supream power As in the book called Conscience satisfied that is to the making of Laws but that this co-ordination of the three Estates of which the King is yielded every where for
makes it plain that the Arch-bishop did not challenge a place in Parliament as the first Peer of the Realm and one that ought to have the first Voice in all English Parliaments either by way of favour or of Custom only but as a power and priviledg which he ought to have habere debeus as the words are in right of his See Proceed we to the Case of John Bishopp of Winchester in the reign of the said King Edward the 3d who having departed from the Parliament without leave from the King was for the same accused and prosecuted at the Kings Suit by one Adam de Fincham his Majesties Attorney or Sollicitor General to which Action the Bishop did appear and put in his plea in which he doth maintain himself to be a Peer of the Realm and therefore to be tried by Parliament for the said offence which in a time of Parliament was committed by him But take the whole Record with you for the more assurance Et praedictus Episcopus in propriâ personâ suâ venit defendit omnem contemptum transgressionem quicquid c. dicit quod ipse sit unus de Paribus regni Praelatus saerosanctae Ecclesiae Jus venire ad Parliamentum Domini Regis per summonitionem Coke Institut part 4. fol. 16. pro voluntate ipsius Domini Regis cum sibi placuerit dicit quod si quis eorum erga Dominum regem in Parliamento aliquo delinqueret in Parliamento debet corrigi emendari in non alibi minori Curiâ And this Record proves plainly that he challenged his Right of Peerage Though by my Author it is brought for another purpose that is to say that misdemeanours and offences which are done in Parliament ought not to be enquired into or punished in a lower Court contrary to the power and practice of the Kings of England in all times foregoing Now that which was affirmed by the Bishop of Winchester in reference to his right of Peerage was generally challenged by all the Bishops in the time of King Richard the 2d on the impeachment of the Duke of Ireland and some others in the Court of Parliament At which time being to withdraw themselves by the Canon Law which had prohibited all Clergy-men from intermedling in Causa sanguinis they made this following Protestation to preserve their Rights In Dei nomine Amen Antiqu. Brit. in Courtney cum de Jure Consuetudine regni Angliae ad Archiepiscopum Cantuariensem qui pro tempore fuerit nec non caeteros suos suffraganeos confratres Coepiscopos Abbates Priores aliosque praelatos quoscunque per Baroniam de Domino nostro Rege tenentes pertinet in Parliamentis Regis quibuscunque ut Pares Regni praedicti personaliter interesse ibidemque de regni negotiis allis ibidem tractari cousuetis cum caeteris dicti regni paribus aliis consulere ordinare statuere definire ac caetera facere quae Parliamenti tempore ibid. imminent facienda in quibus omnibus singulis not Willielmus Cantuariensis Archiepiscopus totius Augliae primas Apostolicae sedis Legatus pro nobis nostrisque suffraganeis coepiscopis confratribus nec non Abbatibus Prioribus praelatis omnibus supradictis protestamur eorum quilibet protestatur quis per se vel procuratorem si fuerit modo praesens publicè expressè quod intendi volumus ac vult corum quilibet in hoc praesenti Parliamento aliis ut Pares Regni praedicti more solito interesse considerare tractare ordinare statuere diffinire ac caeterae exercare cum caeteris Jus interessendi habentibus eisdem statis ordine nostris eorum cujuslibet in omnibus semper salvis Verum quia in praesenti Parliamento agitur de non nullis materiis in quibus non licet nobis alicui eorum juxta sacrorum Canonum Instituta quomodolibet personaliter interesse eo propter pro nobis eorum quolibet protestamur eorum quilibet hie praesens etiam protestatur quod non intendimus nec volumus sicuti de Jure non possumus nec debemus intendi nec vult aliquis eorundem in praesenti Parliamento dum de hujusmodi materiis agitur vel agotur quomodolibet interesse sed nos eorum quemlibet in eâ parte penitus absentare Jure Paritatis nostrae cujuslibet eorum interessendi in dicto Parliamento quoad omnia singula ibidem exercenda eorum quilibet statu ordine semper salun Ad hoc insuper protestamur eorum quilibet protestatur quod propter hujusmodi absentiam non intendimus nec volumus nec eoruns aliquis intendit nec vult quod habet processus habend'in praesenti Parliamento super materiis ante dictis In quibus nec possumus nec debemus permititur interesse quantum ad nos quemlibet eocum attinet suturis temporibus quomodolibet impugnentur infirmentur seu etiam revocentur In which Record we may observe First that the Bishops and the rest there mentioned held their Lands by Baronage Secondly that they were sommoned to the Parliament in regard of their Tenures Thirdly that being called to serve in Parliament they sat there as Peers and gave their Counsel in all matters and affairs of moment which were therein handled Fourthly that though to testifie their obedience to some Canons which were then in force they did withdraw their personal presence at the time of Trial yet they did it with a salvo Jure Paritatis not to infringe the rights and priviledges which belonged unto them in regard of their Peerage And finally we may observe that this Protestation is not only extant in the Antiquitates Britannicae to which the Margent doth refer us but at the desire of the said Prelates the good leave of the King and the consent of all the Peers which were there assembled it was entred in the Journal of the House of Peers where it still continues But because possibly the Bishops may claim more than belongs unto them or that perhaps their Testimony may not be admitted in matters of their own concernment we will next see what is affirmed by others as to that particular And first we will begin with the Learned Cambden who informeth us thus viz. Ad quos Abbates having first reckoned them according to their Names Cambd. Brit. fol. 123. and Order ut etiamnuin ad Episcopos Parliamentis quibuscunque ut Pares regni cum caeteris Paribus personaliter interesse consulere tractare ordinare statuere definire ratione Baroniarum quas de Rege tenebant de Jure consuetudine spectavit for proof whereof besides the Credit of the Auther we are by him referred to the publick Acts or Records of Parliament but unto what Records particularly he informs us not And therefore we nust help our selves by Sir Edward Coke who tells us Jurisdiction of
luck in making choice of three such instances which if true would not serve his turn Page 681 8. The danger which lyeth hidden under the disguise of such popular Magistrates as are here instanced in by Calvin Page 682 9. What moved Calvin to lay these dangerous stumbling-blocks in the Subjects way Page 683 10. The dangerous positions and practices which have hence ensued in most parts of Europe Page 684 11. The sect of Calvin professed Enemies to Monarchy and the power of Princes Page 685 CHAP. V. What are the three Estates in each several Kingdom of which Calvin speaks and what particularly in the Realm of England 1. Of the division of a People into three Estates and that the Priests or Clergy have been always one Page 687 2. The Priests employed in Civil matters and affairs of State by the Egyptians and the Persians the Greeks Gauls and Romans Page 688 3. The Priests and Levites exercised in affairs of Civil Government by Gods own appointment Page 680 4. The Prelates versed in Civil matters and affairs of State in the best and happiest times of Christianity Page 690 5. The Clergy make the third Estate in Germany France Spain and the Northern Kingdoms Page 692 6. That anciently in the Saxon times the Ecclesiasticks of this Realm were called to all publick Councils Page 694 7. The Prelates an essential fundamental part of the English Parliament ibid. 8. Objections answered and that the word Clerus in the Legal notion doth not extend unto the Prelates Page 698 9. That the inferior Clergie of the Realm of England had anciently their Votes in Parliament to all intents and purposes as the Commons had Page 700 10. Objections answered and that the calling of the Clergie to Parliaments and Convocations were after different manners and by several Writs Page 703 11. The great Disfranchisement and Slavery obtruded on the English Clergy by the depriving of the Bishops of their Votes in Parliament Page 705 12. A brief discussion of the question whether any two of the three Estates conspiring or agreeing together can conclude any thing unto the prejudice of the third Page 706 CHAP. VI. That the three Estates of every Kingdom whereof Calvin speaks have no Authority either to regulate the power or controll the Actions of the Sovereign Prince 1. The Bishops and Clergy of England not the King make the third Estate and of the dangerous consequences which may follow on the contrary Tenet Page 708 2. The different influence of the three Estates upon conditional Princes and an absolute Monarch Page 710 3. The Sanhedrim of no Authority over the Persons or the actions of the Kings of Judah Page 711 4. The three Estates in France of how small Authority over the actions of that King Page 712 5. The King of Spain not over-ruled or regulated by the three Estates Page 713 6. Of what Authority they have been antiently in the Parliaments of Scotland Page 714 7. The King of England always accounted heretofore for an absolute Monarch Page 715 8. No part of Sovereignty invested Legally in the English Parliaments Page 716 9. The three Estates assembled in the Parliament of England subordinate unto the King not co-ordinate with him Page 719 10. The Legislative power of Parliaments is properly and legally in the King alone Page 720 11. In what particulars the power of the English Parliament doth consist especially Page 723 12. The Kings of England ordinarily over-rule their Parliaments by themselves their Council and their Judges Page 724 13. Objections answered touching the power and practice of some former Parliaments and the testimonies given unto them Page 726 14. No such Authority given by God in Holy Scripture to any such Popular Magistrates as Calvin dreams of and pretends Page 727 15. The Application and Conclusion of the whole Discourse Page 728 De jure Paritatis Episcoporum The Right of Peerage vindicated to the Bishops of England Page 739. FINIS
ΚΕΙΜΗΛΙΑ ' ΕΚΚΛΗΣΙΑΣΤΙΚΑ THE HISTORICAL AND MISCELLANEOUS TRACTS Of the Reverend and Learned Peter Heylyn D. D. Now Collected into one Volume I. Ecclesia Vindicata Or The Church of ENGLAND Justified 1. In the Way and Manner of her Reformation 2. In Officiating by a Publick Liturgy 3. In prescribing a set Form of Prayer to be used by Preachers before their Sermons 4. In her Right and Patrimony of Tythes 5. In retaining the Episcopal Government 6. And the Canonical Ordination of Priests and Deacons II. The History of the SABBATH in two Parts III. Historia Quinquarticularis Or A Historical Declaration of the Judgment of the Western Churches and more particularly of the Church of England in the Five Controverted Points reproach'd in these last times with the Name of Arminianism IV. The Stumbling-Block of Disobedience and Rebellion proving the Kingly Power to be neither Co-ordinate nor Subordinate to any other upon Earth To which are Added V. A Treatise de jure Paritatis Episcoporum Or A Defence of the Right of Peerage of the English Bishops AND An Account of the Life of the AUTHOR Never before Published With an exact Table to the whole LONDON Printed by M. Clark for Charles Harper at the Flower-de-luce over against St. Dunstan's Church in Fleetstreet 1681. THE LIFE OF The most Learned and Reverend Dr. PETER HEYLYN TO Write the Lives of worthy Personages was ever accounted a most laudable custom amongst the Heathens For to perpetuate the memory of the Dead who were eminent in Vertue did manifestly conduce to the publique benefit of the Living much more the Ancient Christians in their time both solemnly retained this practice and adjudged it an act of Piety and Justice to the Deceased If they were Men of Fame for Learning or other Virtues to Celebrate their praises to Posterity and by this means stir up Emulation in others to follow so noble precedents before them For which cause S. Jerom writ his Catalogus illustrium Virorum before whom also Eusebius with others in short recorded to future Ages the holy Lives of those Primitive Fathers who were signally active or passive for the Christian Faith Tacit. lib. 4. Suum cuique decus posteritas rependit saith the Historian Posterity doth render to every man the Commendation he deserves Therefore for the Reverend Authors sake and in due Veneration of his Name which I doubt not is honoured by all true Sons of the Church of England both for his Learned Writings and constant Sufferings in defence of her Doctrine and Discipline established by Law here is faithfully presented to them a true and compleat Narrative of his Life before his Elaborate Works Reprinted to answer the common expectation of men in this case who would read his Person together with the ordinary and extraordinary occurrences of Providence that befel him as well as his Books that were long before published to the World To give satisfaction in the former here is nothing inserted but the Relations of truth which hath been often heard from his own mouth spoken to his dearest Friends or written by his Pen in some loose fragments of Paper that were found left in his Study after his death upon which as on a sure foundation the whole Series and Structure of the following Discourse is laid together but would have been more happily done if he had left larger Memoirs for it Nothing was more usual in ancient times than for good men saith Tacitus to describe their own Lives Suam ipsi vitam narrare In vita Jul. Agric. fiduciam potius morum quam arrogantiam arbitrati sunt Upon a confidence of their right behaviour rather than to be supposed any arrogancy or presumption in them First of all I shall begin with his Birth In that Country above all other enobled with the famous seat of the Muses to which he was a constant Votary Cambd. Britt by Cambden Oxford is called the Sun Eye and Soul of Great Britain by Matthew Paris the second School of the Church the present Author saith co-eval to Paris if not before it the glory of this Island and of the Western parts near which place or noble Athens Peter Heylyn was Born at Burford an ancient Town of good Note in the County of Oxford upon the 29th day of Novemb. An. Dom. 1600. in the same year with the Celebrated Historian Quensted Dialog de pat illust vir Jacobus Aug. Thuanus on both whom the Stars poured forth the like benign influences But the former viz. Peter Heylyn had not only the faculty of an Historian but the gift of a general Scholar in other Learning 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as will appear to any one that reads his laborious Writings He was second Son of Henry Heylyn Gentleman Descended from the Ancient Family of the Heylyns of Pentre-Heylyn in Moungomery-Shire then part of Powis-Land from the Princes whereof they were derived and unto whom they were Hereditary Cup-Bearers for so the word Heylyn doth signifie in the Welsh or Brittish Language An Honourable Office in most Nations which we find in Divine as well as Profane History Neh. 1.11 Magni honoris erat Pincernae munus apud Persás saith Alex. ab Alex. And if Cambden Clarencieux be of good Authority the Reverend Doctor deriveth his Pedegree from Greno ap Heylyn who descended from Brockwell Skythrac one of the Princes of Powis-Land a man of so great Authority with the Princes of North-Wales that Llewellyn the last Prince of that Country made choice of the said Grono-ap-Heylyn to treat with the Commissioners of Edward I. King of England for the concluding a final Peace between them which afterwards being broken by L'lewellyn in him ended all the Princes of North-Wales after they had Reigned for the space of 405. years a goodly time that scarcely the greatest Monarchies in the World have withstood their fatal period and dissolution Yet the Family of Pentre Heylyn from whom the said Grono-ap-Heylyn descended in a direct Line continued their Seat until the year Anno Dom 1637. at which time Rowland Heylyn Alderman and Sheriff of London and Cousin-german to Dr. Heylyn's Father dying without Issue-Male the Seat was transferred into another Family into which the Heiresses Married but if the Doctor had lived a little longer he intended to have repurchased that Seat and bring it back again into the Name and Family His Cousin Mr. Rowland Heylyn before his death caused the Welch and Brittish Bible to be Printed at his own Charges in a portable Volume for the benefit of his Country-men which was before in a large Church Folio also the Practice of Piety in Welch a Book though common not to be despised besides a Welch Dictionary for the better understanding of that Language One thing of chief remark is a Tradition among the Heylyns deriving their Pedigree from Brockwell Skythrac in whose Family was ever observed that one of them had a gag Tooth and the same a notable Omen of good
Divinity as well as undertake the profession of it but afterward persuaded thereto by a Right Reverend and Learned Person Mr. Buckner he seriously applied himself to this Study and holy Profession receiving the Orders of Deacon and Priest but at distinct times in S. Aldates Church in Oxon from the Right Reverend Bishop Howson And when he was Ordained Priest he Preach'd the Ordination Sermon upon these words of our Blessed Saviour to S. Peter Luk. 22.32 And when thou art Converted strengthen thy Brethren What course and method he observed in his Theological Studies he informs us with his own Pen Theol. Vit. praef to the Reader When I began my Studies in Divinity I thought no course so proper and expedient for me as the way commended by King James which was that young Students in Divinity should be excited to study such Books as were most agreeable in Doctrine and Discipline to the Church of England and to bestow their time in the Fathers and Councils School-men Histories and Controversie and not to insist too long upon Compendiums and Abbreviators His Geography was in less than three years Reprinted And in this second Edition was enlarged and again presented by him to the Prince of Wales and by him graciously received with most affectionate commendations of the Author But it met with another kind of entertainment from King James for the Book being put into the hands of that Learned Monarch by Dr. Young then Dean of Winton who design'd nothing but the highest kindness to Mr. Heylyn thereby the King at first exprest his great value he had for the Author but unfortunatly falling on a passage wherein Mr. Heylyn gave Precedency to the French King and called France the more famous Kingdom King James became very much offended and ordered the Lord Keeper to call the Book in The Dean gave notice to Mr. Heylyn of his Majesties displeasure and advised him to repair to Court and make use of the Princes Patronage as the best lenitive to prevent the rankling of this wound But he rather chose to abide in Oxford and acquainting the Lord Danvers with the business afterward sent an Apology and Explanation of his meaning That the burden under which he suffered was rather a mistake than a crime and that mistake not his own but the Printers which was after corrected and amended In the year 1625. he took a Journey with Mr. Levet of Lincolns-Inn into France where he visited more Cities and made more observations in five weeks time for he stayed no longer than many others have done in so many years The particulars of this Journey he reduced into writing and some years after gratifi'd his Countrey with the publication of it together with some other excellent remarks made by him when he went in attendance upon the Earl of Danby to the Isle of Gernsey and Jersey Anno Dom. 1628. Had King James lived to have perused that Book Mr. Heylyn had needed no other Advocate to have restored him to his Princely favour and protection For never was the vanity and levity of the Monsieurs and deformity and sluttishness of their Madams more ingeniously exposed both in Verse and Prose than in the account that he gives of his Voyage into France On April the 18th 1627. he opposed in the Divinity-School and on Tuesday the 24th following he answered pro formâ upon these two Questions viz. An Ecclesia unquam fuerit invisibilis An Ecclesia possit errare Both which he determined in the Negative Upon occasional discourse with him he was pleased once to shew me his Supposition which I read over in his House at Lacies-Court in Abingdon but I had not then either the leisure or good luck to transcribe a Copy of it which would have been worth my pains and more worthy of the Press to the great satisfaction of others For my part I can truly say that I never read any thing with more delight for good Latin Reason and History which that Exercise was full of but since both it and many other choice Papers in his Study through the carelesness of those to whose custody they are committed I suppose are utterly lost and gone ad blattarum tinearum Epulas In stating of the first Question that caused the heats of that day he fell upon a quite different way from that of Dr. Prideaux the Professor in his Lecture De Visibilitate Ecclesiae and contrary to the common opinion of other Divines who generally prove the visibility of the Protestant Church from the poor persecuted Christians dispersed in several places as the Berengarians in Italy the Waldenses in France the Wicklifists in England and the Hussiets in Bohemia which manner of proceeding being disliked by Mr. Heylyn as that which utterly discontinued the Succession of the Hierarchy which the Church of England claims from the very Apostles and their immediate Successors He rather chose to find out a continual visible Church in Asia Ethiopia Greece Italy yea and Rome it self as also in all the Western Provinces then subject to the power of the Roman Bishop when he was the chief Patriarch which Mr. Heylyn from his great knowledge and more than ordinary abilities in History strenuously asserted and proved to which the Professor could make but weak replies as I have heard from knowing persons who were present at that Disputation because he was drawn out of his ordinany byass from Scholastical Disputation to forein Histories in which encounter Mr. Heylyn was the invincible Ajax Nec quisquam Ajacem superare possit nisi Ajax But chiefly the quarrel did arise for two words in Mr. Heylyns Hypothesis after he had proved the Church of England received no Succession of Doctrine or Government from the Berengarians Wicklifists c. who held many Heterodoxies in Religion as different from the established Doctrine of our Church as any point which was maintained at that time in the Church of Rome that the Writers of that Church Bellarmin himself hath stood up as cordially in maintenance of some fundamental points of the Christian Faith against Anti-Trinitarians Anabaptists and other Heretiques of these last Ages as any our Divines and other Learned men of the Protestant Churches which point Mr. Heylyn closed up with these words Vtinam quod ipse de Calvino sic semper errasset nobilissimus Cardinalis at which words the Reverend Doctor was so impatient in his Chair that he fell upon the Respondent in most vile terms calling him Papicola Bellarminianus Pontificius c. to draw the hatred of the University upon him according to the saying Fortiter calumniare aliquid adhaerebit grievously complaining to the younger sort of his Auditors unto whom he made his chiefest addresses of the unprofitable pains he took among them if Bellarmin whom he had laboured to confute for so many years should be honoured with the Title of Nobilissimus Notwithstanding the Respondent acquitted himself bravely before the Company ascribing no more honour to Bellarmin
the Lord Commissioners the Right of Sitting there 1. The Prebends Original Right 2. Their Derivative Right and lastly their Possessory Right Upon hearing the proofs on both sides it was ordered by general consent of the Lord Commissioners That the Prebends should be restored to their old Seat and that none should sit there with them but Lords of the Parliament and Earls eldest Sons according to the ancient custom After this there was no Bishop of Lincoln to be seen at any Morning-Prayer and seldom at Evening At this time came out the Doctor 's History of the Sabbath the Argumentative or Scholastick part of which subject was referred to White Bishop of Eli the Historical part to the Doctor And no sooner had the Doctor perfected his Book of the Sabbath but the Dean of Peterborough engages him to answer the Bishop of Lincoln's Letter to the Vicar of Grantham He received it upon good Friday and by the Thursday following discovered the sophistry mistakes and falshoods of it It was approved by the King and by him given to the Bishop of London to be Licens'd and Publish'd under the title of a Coal from the Altar In less than a twelve-month the Bishop of Lincoln writ an Answer to it Entituled The Holy Table Name and Thing but pretended that it was writ long ago by a Minister in Lincolnshire against Dr. Cole a Divine in the days of Queen Mary Dr. Heylyn receiv'd a Message from the King to return a reply to it and not in the least to spare him And he did it in the space of seven weeks presenting it ready Printed to his Majesty and called it Antidotum Lincolniense But before this he answered Mr. Burtons Seditious Sermon being thereunto also appointed by the King In July 1637. the Bishop of Lincoln was censured in the Star-Chamber for tampering with Witnesses in the Kings Cause suspended à Beneficio officio and sent to the Tower where he continued three years and did not in all that space of time hear either Sermon or publick Prayers The College of Westminster about this time presented the Doctor to the Parsonage of Islip now void by the death of Dr. King By reason of its great distance from Alresford the Doctor exchanged it for South-warnborough that was more near and convenient At which time recovering from an ill fit of Sickness he studiously set on writing the History of the Church of England since the Reformation in order to which he obtained the freedom of Sir Robert Cottons Library and by Arch-bishop Laud's commendation had liberty granted him to carry home some of the Books leaving 200 l. as a Pawn behind him The Commotions in Scotland now began and the Arch Bishop of Canterbury intending to set out an Apology for vindicating the Liturgy which he had commended to that Kirk desired the Doctor to translate the Scottish Liturgy into Latin that being Published with the Apology all the World might be satisfied in his Majesties piety as well as the Arch-Bishops care as also that the perverse and rebellious temper of the Scots might be apparent to all who would raise such troubles upon the Recommendation of a book that was so Venerable and Orthodox Dr. Heylyn undertook and went through with it but the distemper and trouble of those times put a period to the undertaking and the Book went no farther than the hands of that Learned Martyr In Feb. 1639. the Doctor was put into Commission of Peace for the County of Hampshire residing then upon this Living into which place he was no sooner admitted but he occasioned the discovery of a horrid Murther that had been committed many years before in that Countrey In the April following he was chosen Clerk of the Convocation for the College of Westminster at which time the Arch-Bishop of Canterbury sending a Canon to them for suppressing the farther growth of Popery and reducing Papists to the Church our Doctor moved his Grace that the Canon might be enlarged for the Peoples farther satisfaction as well as the Churches benefit what was done therein and many other notable things by that Convocation may be seen at large in the History of the Arch-Bishops Life Friday being May the 29th the Canons were formally subscribed unto by the Bishops and Clergy no one dissenting except the Bishop of Glocester who afterward turn'd Papist and died in the Communion of the Romish Church and was all that time of his Life in which he revolted from the Church of England a very great Servant of Oliver Cromwel unto whom he dedicated some of his Books But for his Contumacy in refusing to subscribe the Articles he was voted worthy of Suspension in the Convocation and was actually Suspended by the Arch-Bishop of Canterbury which being done the Convocation was ended In Novemb. 3. A.D. 1640. began the Session of the long Parliament At the opening of which a general Rumor was spread abroad that Dr. Heylyn was run away for fear of an approaching storm that was like to fall upon his head as well as on his Grace the Arch-Bishop of Cauterbury but he who was ever of an undaunted spirit would not pusillanimously desert the Cause of the King and Church then in question but speedily hastned up to London from Alresford to confute the common calumny and false report raised on him by the Puritan faction that he appeared the next day in his Gown and Tippet at Westminster-Hall and in the Church with the accustomed formalities of his Cap Hood and Surplice employed then his Pen boldly in defence of the Bishops Rights when the Lords began to shake the Hierarchy in passing a Vote That no Bishop should be of the Committe for Examination of the Earl of Strafford being Causa sanguinis upon which the Doctor drew up a brief and excellent Discourse entituled De jure paritatis Episcopum wherein he asserted all the Bishops Rights of Peerage and principally of this as well as the rest That they ought to sit in that Committee with other Priviledges and Rights maintained by him which either by Law or ancient custom did belong unto them A rare Commendation at this juncture of time for which the Doctor is to be admired that he could command his Parts and Pen of a sudden to write on this subject or any other if there was need that did conduce to the publick good and above all make a quick dispatch in accomplishing what he had once undertaken and begun But for those quick dispatches the Doctor afterward endured many tedious waitings at the backs of Committe-men in that Parliament especially in the business of Mr. Pryn about his Histriomastix for which he was kept four days under examination because he had furnished the Lords of the Privy Council with matters out of that Book which Mr. Pryn alledged was the cause of all his sufferings Great hopes had the Committee by his often dancing attendance after them to sift the Doctor if they could gather any thing by his speeches
door went streight-way to Oxford and informed the Governor Colonel Kelsey that his Master had received Letters from the King whereupon the Governour sent a party of Horse to fetch him away Strange news it was knowing his own innocence to hear that Soldiers had beset his House so early in the Morning before he was out of bed But go he must to appear before the Governour and when he came that treacherous Rogue his Man did confidently affirm that he heard the Letters read and was sure he could remember the very words if his Master would produce the Letters upon which the Doctor relates the whole story to the Governour and withal shews the Diurnal which the Governor read to the Fellow often asking him is this right is this the same you heard to whom he answered yes Sir yes that is the very thing and those words I remember upon which the Governor caused him to be soundly whipt instead of giving him a reward for Intelligence and dismiss'd the Doctor with some Complements ordering the same party of Horse that fetcht him to wait upon him home Being thus delivered from the Treachery of this Servant his great care was to provide one more faithful which the good Lady Wainman his Neighbour hearing of commended to him one of her own Servants whom Sir Francis her Husband had bred up from a Child whose fidelity he need not fear in the worst of times when a mans Enemies may be of his own Houshold as Q. Vibius Serenus was betrayed by his own Son Reus pater accusator filius Tac. Annal. lib. 4. idem index testis saith the Historian The Son was both Accuser and Witness against the Father In the year 1653. he removed to Lacies-Court in Abingdon which Seat he bought for the pleasantness of its Situation standing next the Fields and not distant above five miles from Oxford where he might be furnished with Books at his pleasure either from the Book-sellers Shops or the Bodleian-Library for such a fresh appetite to Study and Writing he still retained in his old Age that he would give his mind no time of vacancy and intermission for those labours in which he was continually exercised When Monarchy and Episcopacy was trodden under foot then did he stand up a Champion in defence of both and feared not to Publish The Stumbling block of Disobedience and his Certamen Epistolare in which Mr. Baxter fled the Field because there was impar congressus betwixt him and as I may say an old Soldier of the Kings who had been used to fiercer Combats with more famous Goliahs Also Mr. Thomas Fuller was sufficiently chastized for his Church History as he deserved a most sharp correction because he had been a Son of the Church of England in the time of her prosperity and now deserted her in her adverse fortune and took to the Adversaries side And it was then my hap having some business with Mr. Taylor Fellow of Lincoln College in Oxon and then Chaplain to the Lord Keeper Mr. Nathaniel Fiennes to see Mr. Fuller make a fawning address to my Lord with his great Book of Church History hugged under his arm which he presented to the Keeper after an uncouth rustical manner Epis 13. as Horace describeth Sub ala fasciculum portas Librorum ut rusticus agnum The many falsities defects and mistakes of that Book the Doctor discovered and refuted of which Mr. Fuller afterward being ingeniously ashamed came to the Doctors House in Abingdon where he made his peace both became very good Friends and betwixt them for the future was kept an inviolable bond of Friendship In the year 1656. he Printed some Observations upon the History of the Reign of King Charles by H. L. Esq with whom he dealt very candidly and modestly corrected some of his mistakes in most mild and amicable terms telling him viz. Between us both the History will be made more perfect and consequently the Reader will be better satisfied Obser Epist Ded. which makes me somewhat confident that these few Notes will be so far from making your History less vendible than it was before that they will very much advantage and promote the sale And if I can do good to all without wrong to any I hope no man can be offended with my pains and industry In answer to which Mr. Hammond L'Estrange led by his passion and not by reason fell upon the Doctor in such uncivil words unbecoming a Gentleman that as the Doctor saith he never was accustomed to such Billinsgate language There was indeed a time saith he when my name was almost in every Libel Extr. cap. Epist which exercised the patience of the State for seven years together and yet I dare confidently say that all of them together did not vomit so much filth upon me as hath proceeded from the mouth of the Pamphleter whom I have in hand Therefore the Doctor returned a quick and sharp reply in his Book Entituled Extraneus Vapulans wherein with admired wit and eloquence he gave Mr. L'Estrange a most severe yet civil correction In the year 1657. he put out in Print Ecclesia Vindicata or the Church of England justified which he dedicated as a grateful testimony of his mind to his Master then living Mr. Edward Davis formerly School-master of Burford and now Vicar of Shelton in the County of Berks to whom he ever shewed a Love and Reverence and had the Doctors power been answerable to his will and intention he had design'd more considerable Preferments for him but the sudden and unexpected alteration in his own affairs prevented so soon almost as himself was preferred that he could shew no other specimen of his gratitude What saith the Heathen Diis parentibus praeceptoribus non redditur aequivalens An amends can never be made to God our Parents and Tutors and certainly he hath but little of a Christian in him that can forget this lesson yet some are so unnatural as the Child that loveth not his Nurse About the same time he was harassed before Olivers Major General for the decimation of his Estate he thinking there had been an end of those troubles by compounding for his Estate in Goldsmiths-Hall he argued his Case notably with them but all in vain for Arguments though never so acutely handled are obtuse weapons against the edge of the sword One Captain Allen formerly a Tinker and his Wife a poor Tripe-wife took upon him to reprove the Doctor for maintaining his Wife so highly like a Lady to whom the Doctor roundly replied That he had Married a Gentlewoman and did maintain her according to her quality and so might he his Tripe-wife adding withal that this rule he always observed For his Wife to go above his Estate his Children according to his Estate and himself below his Estate so that at the years end he could make all even Soon after these things came out the Order for Decimation against him Notwithstanding which
not to be forgiven him I hope the Doctor has met with a more merciful Judge in another World than Mr. Burnet is in this If he had been a Factor for Papists Mr. Burnet should have presented one particular instance which he cannot do As we have said before in his Life he communicated that design of his History of Reformation to Arch-Bishop Laud from whom he received all imaginable encouragement by ancient Records that he perused And what benefit could any Reader receive to have quoted to him the pages of Manuscripts Acts of Parliament Records of old Charters Registers of Convocation Orders of the Council-Table or any of those out of the Cottonian Library which the Doctor made use of The Lord Bacon writ of Transactions beyond his own time living as far distant from the Reign of K. Hen. VII as Dr. Heylyn did from K. Hen. VIII who laid the first foundation of the Reformation yet I cannot find there more quotations of Authors than in Dr. Heylyns History yet I suppose Mr. Burnet will look upon the Lord Bacons History as compleat And if all this were made out 't is no more than what may be laid at the door of the Author who lately writ the History of Duke Hamilton Hist D. Ham. p. 29 30. where are reported the most abominable Scandals that were broach'd by the malicious Covenanters against the Scottish Hierarchy and they are permitted without the least contradiction or confutation to pass as infallible Truths that so Posterity as well as the present prejudiced Age might be levened with an implacable enmity and hatred against the whole Order of Episcopacy Although the Hamiltons were the old inveterate Enemies of the Stuarts and the Duke of whom the History is compiled was an Enemy as treacherous to K. Charles I. as any that ever appeared against him in open Arms. He was the cause of the first Tumult raised in Edenburgh He Authorised the Covenant with some few alterations in it and generally imposed it on that Kingdom He was the chief Person that prevailed with the King to continue the Parliament during the pleasure of the two Houses and boasted how he had got a perpetual Parliament for the English and would do the like for the Scots He aimed at nothing less than the Crown of Scotland and had so courted the common Soldiers that David Ramsey openly began a health to K. James VII yet all these things with many others are either quite smothered or so painted over by Mr. Burnet that the Volume he has writ may be called an Apology or a Panegyrick rather than a History Of all these matters the Doctor hath acquainted the world before in the Life of Archbishop Laud and the Observations that he wrote upon Mr. L'Estrange's History of King Charles I. I will be bold to aver if the Doctor had employed his great Learning and Abilities to have written but one half of those things against the King and Church of England which he wrote for them he would have been accounted by very many persons I will not say by Mr. Burnet the truest Protestant the most faithful Historian the greatest Scholar and in their own phrase the most pretious man that ever yet breathed in the Nation But he had the good luck to be a Scholar and better luck to employ his Learning like an honest man and a good Christian in the defence of a righteous and pious King of an Apostolical and true Church of a venerable and learned Clergy and that drew upon him all the odium and malice that two opposite Parties Papist and Sectary could heap upon him After the happy Restauration of the King it was high time for the good Doctor to rest a while from his Labours and bless himself with joy for the coming in of his Sovereign for now the Sun shone more gloriously in our Hemisphere than ever the Tyrannical powers being dissolved the King brought home to his people the Kingdom setled in peace the Church restored to its rights and the true Religion established every man returned to his own vine with joy who had been a good Subject and a sufferer and the Doctor came to his old habitation in Westminster of which and of his other Preferments he had been dispossest for the space of seventeen years and he no sooner got thither but according to his wonted custom he sets upon building and erected a new Room in his Prebends house to entertain his Friends in And seldom was he without Visitors especially the Clergy of the Convocation who constantly came to him for his Advice and Direction in matters relating to the Church because he had been himself an ancient Clerk in the old Convocations Many Persons of Quality besides the Clergy for the Reverence they had to his Learning and the delight they took in his company payed him several visits which he never repayed being still so devoted to his Studies that except going to Church it was a rare thing to find him from home I happen'd to be there when the good Bishop of Durham Dr. Cousins came to see him who after a great deal of familiar discourse between them said I wonder Brother Heylyn thou art not a Bishop but we all know thou hast deserved it To which he answered Much good may it do the new Bishops I do not envy them but wish they may do more than I have done Now what that great Man did so readily acknowledge to be the Doctors due was no more than what his true worth might justly challenge from all that were Friends to Learning and Virtue For his knowledge was extensive as the Earth and in his little world the great one was so fully comprehended that not an Island or Province nay scarce a Rock or Shelf could escape his strict survey and exact description Nor was he content with that degree of knowledge which did far exceed what any other durst hope or even wish for viz. A perfect familiarity with the present State of all the Countreys in the World but he was resolved to understand as well what they had always been as what they then were to be as throughly acquainted with their History as he was with their Situation and to leave nothing worth the knowing undiscovered So that what he has done in that kind looks liker the product of the most Learned and Antient Inhabitans of their respective Countreys than the issue of the industry of a Single Person Yet for all this his head was not so filled with the contemplations of this World as to leave no room for the great concerns of the other But on the contrary the main of his Study was Divinity the rest were but by the by and subservient to that For he having strictly viewed and examined all the various Religions and Governments upon Earth and coming to compare them with those under which himself lived did find the advantage both in respect of this life and another to lie so much on the side
Examination of the mistakes falsities and defects in some modern Histories Lond. 1659. Certamen Epistolare or the Letter-Combat managed with Mr. Baxter Dr. Bernard Mr. Hickman 8. Lond. 1659. Historia Quinqu-Articularis 4. Lond. 1660. Respondet Petrus or the Answer of Peter Heylyn D. D. to Dr. Bernards book entituled The Judgment of the late Primate c. Lond. 4. 1658. Observations on Mr. Hammond L' Estranges History of the Life of King Charles I. 1658. Extraneus Vapulans or a Defence of those Observations Lond. 1658. A short History of King Charles the First from his Cradle to his Grave 1658. Thirteen Sermons some of which are an Exposition of the Parable of the Tares printed at London 1659 and again 1661. A help to English History containing a succession of all the Kings Dukes Marquesses Earls Bishops c. of England and Wales first written in the Year 1641 under the name of Robert Hall but now enlarged and in Dr. Heylyns name Ecclesia Vindicata or the Church of England Justified c. 4. 1657. Bibliotheca Regia or the Royal Library 8. Ecclesia Restaurata or the History of the Reformation Fol. Lond. 1661. Cyprianus Anglicus or the History of the Life and Death of William Laud Archbishop of Canterbury Fol. Aerius Redivivus or the History of the Presbyterians Fol. ECCLESIA VINDICATA OR THE Church of England JUSTIFIED I. In the Way and Manner of her Reformation II. In Officiating by a Publick Liturgy III. In prescribing a Set Form of Prayer to be used by Preachers before their Sermons IV. In her Right and Patrimony of Tithes V. In retaining the Episcopal Government And therewith VI. The Canonical Ordination of Priests and Deacons By PETER HEYLIN D. D. PSAL. CXXXVI 6 7. Si oblitus fuero tui O Jerusalem oblivioni detur dextra med Adhaereat lingua mea faucibus meis si non proposuero tui in principio laetitiae meae LONDON Printed by M. Clark for C. Harper 1681. A General Preface TO THE READER CONCERNING The Design and Method of the following WORK 1. The Authors Address to those of the same persuasion with him 2. As also to those of different Opinion 3. His humble application to all such as be in Authority 4. Persecution a true note of the Church verified in the Jews the primitive Christians and the Church of England 5. The several Quarrels of the Genevians and Papists against the way and manner of our Reformation 6. The Authors Method and Design in answering the Clamors and Objections of either party 7. The first Quarrels against the Liturgies of King Edward the sixth and the grounds thereof 8. The Liturgy of Queen Elizabeth approved by the Pope subscribed by the Scots and the Church frequented by the Papists for the first ten years of that Queens reign 9. The Puritans and Papists separate from the Church at the same time and the hot pursuance of this Quarrel by the Puritan party 10. The Quarrel after some repose revived by the Smectymnuans and their actings in it 11. The Author undertakes the Defence of Liturgies as also the Times and Places of Publick Worship against all Opponents unto each 12. The Prayer prescribed to be used by Preachers before their Sermons the reasons why it was prescribed and the Church justified for so doing in a Brief Discourse upon that subject of the Authors making 13. An Answer to the Objection touching the free exercise of the Gift of Prayer 14. Set Forms of Prayer condemned in Churches by the Devisers of the Directory and prescribed for Ships 15. The Liturgy cryed down by the Lay-Brethren in Order to the taking away of Tithes 16. The same Design renewed by some late Projectors the Author undertakes against them and his Reasons for it 17. The first Bishops of Queen Elizabeths time quarrelled by the Papists and the grounds thereof 18. Covetousness and Ambition in the Presbyterians the two main grounds of their Pursuit against Episcopacy 19. Set on by Calvin and Beza they break out into action their violent proceedings in it and cessation from it 20. The Quarrel reassumed by the Smectymnuans outwitted in the close thereof by the Lay-Brethren without obtaining their own ends in advancing Presbytery 21. The Author undertakes against Smectymnuus and proves Episcopacy to be agreeable to all Forms of Civil Government 22. His History of Episcopacy grounded on the Authority of the Ancient Fathers and what the Reader is desired in Relation to them 23. Ordination by the Imposition of Hands generally in use in all Churches and how the Ordinance of March 20. 1653. is to be understood as to that particular 24. No Ordination lawful but by Bishops and what the Author hath done in it 25. The close of all and the submission of the whole to the Readers judgment READER of what persuasion or condition soever thou art I here present and submit unto thee these ensuing Tracts If thou art of the same persuasion and opinion with me I doubt not but thou wilt interpret favourably of my Undertakings and find much comfort in thy Soul for thy Adhesion to a Church so rightly constituted so warrantably reformed so punctually modelled by the pattern of the purest and most happy times of Christianity A Church which for her Power and Polity her sacred Offices and Administrations hath not alone the grounds of Scripture the testimony of Antiquity and consent of Fathers but as good countenance and support as the Established Laws of the Land could give her which Laws if they be still in force as they seem to be thy sufferings for adhering to the Church in her Forms and Government may not improperly be said to have faln upon thee for thy obedience and conformity to the Laws themselves Smectym Answ 85. For though it may be supposed with the Smectymnians the Author of The True Cavalier c. and some other of our modern Politicks that Government and Forms of Worship are but matters of humane appointment and being such may lawfully abrogated by the same Authority by which at first they were Established yet then it must be still by the same Authority and not by any other which is less sufficient for that end and purpose And I presume it will not be affirmed by any that an Ordinance of the Lords and Commons occasionally made and fitted for some present exigent is of as good authority as an Act of Parliament made by the King with the consent and approbation of the three Estates in due form of Law Or if it be I would then very fain know the reason why the Ordinance of the third of January Anno 1644. should be in force as to the taking away of the Book of Common Prayer and yet be absolutely void or of no effect as to the establishing and imposing of the Directory thereby authorized which bears an equal share in the title of it or why the Ordinance of the ninth of October Anno 1646. for abolishing Arch-bishops and Bishops should be still in
Parliament that is might have the force of a Law by a civil Sanction The whole debate with all the Traverses and emergent difficulties which appeared therein are specified at large in the Records of Convocation Anno 1532. But being you have not opportunity to consult those Records I shall prove it by the Act of Parliament called commonly The Act of submission of the Clergy but bearing this Title in the Abridgment of the Statutes set out by Poulton That the Clergy in their Convocations shall enact no constitutions without the Kings assent In which it is premised for granted that the Clergy of the Realm of England had not only acknowledged according to the truth that the Convocation of the same Celrgy is always hath been and ought to be assembled always by the Kings Writ but also submitting themselves to the Kings Majesty had promised in verbo Sacerdotis That they would never from henceforth presume to attempt alleadge claim or put in ure enact promulge or execute any new Canons Constitutions Ordinances provincial or other or by whatsoever other name they shall be called in the Convocation unless the Kings most Royal Assent may to them be had to make promulge and execute the same and that his Majesty do giv his most Royal Assent and Authority in that behalf Upon which ground-work of the Clergies the Parliament shortly after built this superstructure to the same effect viz. That none of the said Clergy from henceforth should presume to attempt alleadge claim or put in ure any Constitutions or Ordinances Provincial or Synodals or any other Canons norshall enact promulge or execute any such Canons Constitutions or Ordinances Provincial by whatsoever names or names they may be called in their Convocations in time coming which always shall be assembled by the Kings Writ unless the same Clergy may have the Kings most Royal Assent and Licence to make promulge and execute such Canons Constitutions and Ordinances Provincial or Synodical upon pain of every one of the said Clergy doing the contrary to this Act and thereof convicted to suffer Imprisonment and make Fine at the Kings Will 25 H. 8. c. 19. So that the Statute in effect is no more than this An Act to bind the Clergy to perform their promise to keep them fast unto their word for the time to come that no new Canon should be made in the times succeeding in the favour of the Pope or by his Authority or to the diminution of the Kings Royal Prerogative or contrary to the Laws and Statutes of this Realm of England as many Papal Constitutions were in the former Ages Which Statute I desire you nto take notice of because it is the Rule and Measure of the Churches power in making Canons Constitutions or whatsoever else you shall please to call them in their Convocations The third and final Act conducing to the Popes Ejection was an Act of Parliament 28 H. 8 c. 10. entituled An Act extinguishing the Authority of the Bishop of Rome By which it was enacted That if any person should extol the Authority of the Bishop of Rome he should incur the penalty of a preamunire that every Officer both Ecclesiastioal and Lay should be Sworn to renounce the said Bishop and his Authority and to resist it to his power and to repute any Oath formerly taken in maintenance of the said Bishop or his Authority to be void and finally that the refusal of the said Oath should be judged High Treason But this was also usher'd in by the determination first and after by the practice of all the Clergy For in the year 1534. which was two years before the passing of this Act the King had sent this Proposition to be agitated in both Vniversities and in the greatest and most famous Monasteries of the Kingdom that is to say An aliquid authoritatis in hoc Regno Angliae Pontifici Romano de jure competat plusquam alii cuicunque Episcopo extero By whom it was determined Negatively that the Bishop of Rome had no more power of Right in the Kingdom of England than any other forreign Bishop Which being testified returned under the hands and seals respectively the Originals whereof are still remaining in the Library of Sr. Robert Cotton was a good preamble to the Bishops and the rest of the Clergy assembled in their Convocation to conclude the like And so accordingly they did and made an Instrument thereof subscribed by the hands of all the Bishops and others of the Clergy and afterwards confirmed the same by their corporal Oaths The copies of which Oaths and Instrument you shall find in Foxes Acts and Monumets Vol. 2. fol. 1203. and fol. 1210 1211. of the Edition of John Day Anno 1570. And this was semblably the ground of a following Statute 35 H. 8. c. 1. wherein another Oath was devised and ratified to be imposed upon the Subject for the more clear asserting of the Kings Supremacy and the utter exclusion fo the Popes for ever which Statutes though they were all repealed by an Act of Parliament 1 and 2 d. of Phil. and Mary c. 1. yet were they all revived in 1 Elize save that the name of supream Head was changed unto that of the supream Governour and certain clauses altered in the Oath of Supremacy Where by the way you must take notice that the Statutes which concern the Kings Supremacy are not introductory of any new Right that was not in the Crown before but only declaratory of an old as our best Lawyers tell us and the Statute of the 26 of H. 8. c. 1. doth clearly intimate So that in the Ejection of the Pope of Rome which was the firt and greatest steptowards the work of Reformation the Parliament did nothing for ought it appears but what was done before in the Convocation and did no more than fortifie the Results of Holy Church by the addition and corroboration of the Secular Power 3. Of the Translation of the Scriptures and permitting them to be read in the English Tongue THE second step towards the work of Reformation and indeed one of the most especial parts thereof was the Translation of the Bible into the English Tongue and the permitting all sorts of people to peruse the same as that which visibly did tend to the discovery of the errours and corruptions in the Church of Rome and the intolerable pride and tyranny of the Roman Prelates upon which grounds it had been formerly translated into English by the hand of Wickliff and after on the spreading of Luthers Doctrine by the pains of Tindal a stout and active man in K. Henries days but not so well befriended as the work deserved especially considering that it hapned in such a time when many Printed Pamphlets did disturb the State and some of them of Tindals making which seemed to tend unto sedition and the change of Government Which being remonstrated to the King he caused divers of his Bishops together with sundry of the Learned'st and
was only by the King's Authority by vertue of the Headship or Supremacy which by way of recognition was vested in him by the Clergy either co-operating and concurring with them in their Convocations or else directed and assisted by such learned Prelates with whom he did advise in matters which concerned the Church and did relate to Reformation By virtue of which Headship or Supremacy he ordained the first and to that end caused certain Articles or Injunctions to be published by the Lord Cromwel then his Viear General Anno 1536. And by the same did he give order for the second I mean for the saying of the Letany in the English Tongue by his own Royal Proclamation Anno 1545. For which consult the Acts and Monuments fol. 1248 1312. But these were only preparations to a greater work which was reserved unto the times of K. Edw. 6. In the beginning of whose Reign there passed a Statute for the administring the Sacrament in both kinds to any person that should devoutly and humbly desire the same 1 E. 6. c. 1. In which it is to be observed that though the Statute do declare that the ministring of the same in both kinds to the people was more agreeable to the first Institution of the said Sacrament and to the common usage of the primitive Times Yet Mr. Fox assures us and we may take his word that they did build that Declaration and consequently the Act which was raised upon it upon the judgment and opinion of the best learned men whose resolution and advice they followed in it fol. 1489. And for the Form by which the said most blessed Sacrament was to be delivered to the common people it was commended to the care of the most grave and learned Bishops and others assemby the King at His Castle of Windsor who upon long wise learned and deliberate advice did finally agree saith Fox upon one godly and uniform zOrder for receiving of the same according to the right rule of Scriptures and the first use of the primitive Church fol. 1491. Which Order as it was set forth in Print Anno 1548. with a Proclamation in the name of the King to give Authority thereunto amongst the people so was it recommended by special Letters writ unto every Bishop severally from the Lords of the Council to see the same put in execution A copy of which Letters you may find in Fox fol. 1491. as afore is said Hitherto nothing done by Parliament in the Forms of Worship but in the following year there was For the Protector and the rest of the Kings Council being fully bent for a Reformation thought it expedient that one uniform quiet and godly Order should be had throughout the Realm for Officiating God's divine Service And to that end I use the words of the Act it self appointed the Arch-Bishop of Canterbury and certain of the most learned and discreet Bishops and other learned men of the Realm to meet together requiring them that having as well eye and respect to the most pure and sincere Christian Religion taught in Scriptures as to the usages in the Primitive Church they should draw and make one convenient and meet Order Rite and fashion of Common Prayer and Administration of Sacraments to be had and used in this his Majesties Realm of England Well what did they being thus assembled that the Statute tells us Where it is said that by the aid of the Holy Ghost I pray you mark this well and with one uniform agreement they did conclude upon and set forth an Order which they delivered to the Kings Highness in a Book entituled The Book of Common-Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church after the use of the Church of England All this was done before the Parliament did any thing But what was done by them at at last Why first considering the most godly travel of the King's Highness and the Lord Protector and others of his Highness Council in gathering together the said B. and learned men Secondly The Godly Prayers Orders Rites and Ceremonies in the said Book mentioned Thirdly The motive and inducements which inclined the aforesaid learned men to alter those things which were altered and to retain those things which were retained And finally taking into consideration the honour of God and the great quietness which by the grace of God would ensue upon it they gave his Majesty most hearty and lowly thanks for the same and most humbly prayed him that it might be ordained by his Majesty with the assent of the Lords and Commons assembled in Parliament and by Authority of the same that the said Form of Common-Prayer and no other after the Feast of Pentecost next following should be used in all his Majesties Dominions with several penalties to such as either should deprave or neglect the same 2 and 3. E. 6. cap. 1. So far the very words of the Act it self By which it evidently appeareth that the two Houses of Parliament did nothing in the present business but impose that Form upon the people which by the learned and religious Clergy-men whom the K. appointed thereunto was agreed upon and made it penal unto such as either should deprave the same or neglect to use it And thus doth Poulton no mean Lawyer understand the Statute who therefore gives no other title to it in his Abridgement publish'd in the year 1612. than this The penalty for not using uniformity of Service and Ministration of the Sacrament So then the making of one uniform Order of celebrating divine Service was the work of the Clergy the making of the Penalties was the work of the Parliament Where let me tell yu by the way that the men who were employed in this weighty business whose names deserve to be continued in perpetual memory were Thomas Cranmer Arch-Bishop of Canterbury George Day Bishop of Chichester Thomas Goodrich B. of Ely and Lord Chancellour John Ship Bishop of Hereford Henry Holbeck Bishop of Lincoln Nicholas Ridley Bishop of Rochester translated afterwards to London Thomas Thirlby Bishop of Westminster Dr. May Dean of St. Pauls Dr. Taylor then Dean afterwards Bishop of Lincoln Dr. Hains Dean of Exeter Dr. Robertson afterwards Dean of Durham Dr. Redman Master of Trinity Colledge in Cambridge and Dr. Cox then Almoner to the King afterward Dean of Westminster and at last Bishop of Ely men famous in their generations and the honour of the Age they lived in And so much for the first Liturgy of King Edwards Reign in which you see how little was done by Authority or power of Parliament so little that if it had been less it had been just nothing But some exceptions being taken against the Liturgy by some of the preciser sort at home and by Calvin abroad the Book was brought under a review And though it had been framed at first if the Parliament which said so erred not by the ayd of the Holy Ghost himself yet to comply with
the curiosity of the Ministers and mistakes of the people rather than for any other weighty cause As the Statutes 5 and 6 Ed. 6. cap. 1. it was thought expedient by the King with the assent of the Lords and Commons in Parliament Assembled that the said Order of Common Service should be faithfully and godly perused explained and made fully perfect Perused and explained by whom Why questionless by those who made it or else by those if they were not the same men who were appointed by the King to draw up and compose a Form of Ordination for the Use of the Church And this Assent of theirs for it was no more was the only part that was ever acted by the Parliament in matter of this present nature save that a Statute passed in the former Parliament 3 and 4 Ed. 6. c. 12. unto this effect that such form and manner of making and consecrating Arch-Bishops Bishops Priests Deacons and other Ministers of the Church which before I spake of as by six Prelates and six other men of this Realm learned in Gods Laws by the King to be appointed and assigned shall be devised to that purpose and set forth under the great Seal shall be lawfully used and exercised and none other Where note that the King only was to nominate and appoint the men the Bishops and other learned men were to make the Book and that the Parliament in a blind obedience or at the least upon a charitable confidence in the integrity of the men so nominated did confirm that Book before any of their Members had ever seen it though afterwards indeed in the following Parliament this Book together with the Book of Common-prayer so Printed and explained obtained a more formal confirmation as to the use thereof throughout the Kingdom but in no other respect for which see the Statute 5 and 6 Ed. 6. c. 1. As for the time of Q. Elizabeth when the Common-prayer book now in use being the same almost with the last of King Edward was to be brought again into the Church from whence it was cast out in Queen Maries Reign it was committed to the care of some learned men that is to say to M. Whitehead once Chaplain to Q. Anne Bullen Dr. Parker after Arch-Bishop of Canterbury Dr. Grindal after Bishop of London Dr. Cox after Bishop of Ely Dr. Pilkington after Bishop of Durham Dr. May Dean of Saint Pauls Dr. Bill Provost of Eaton after Dean of Westminster and Sir Tho. Smith By whom being altered in some few passages which the Statute points to 1 Eliz. c. 21. it was presented to the Parliament and by the Parliament received and established without more ado or troubling any Committee of both or either Houses to consider of it for ought appears in their Records All that the Parliament did in it being to put it into the condition in which it stood before in Kings Edwards Reign partly by repealing the Repeal of King Edw. Statutes made in the first of Q. Mary c. 2. and partly by the adding of some farther penalties on such as did deprave the Book or neglect to use it or wilfully did absent themselves from their Parish-Churches And for the Alterations made in King James his time being small in the Rubrick only and for the additions of the Thanksgivings at the end of the Letany the Prayer for the Queen and the Royal Issue and the Doctrine of the Sacraments at the end of the Catechisme which were not in the Book before they were never referred unto the Parliament but were done only by Authority of the Kings Commission and stand in force by virtue only of His Proclamation which you may find before the Book the charge of buying the said Book so explained and altered being laid upon the several and respective Parishes by no other Authority than that of the eightieth Canon made in Convocation Anno 1603. The like may also be affirmed of the Forms of Prayer for the Inauguration-day of our Kings and Queens the Prayer-books for the fifth of November and the fifth of August and those which have been used in all publick Fasts All which without the help of Parliaments have been composed by the Bishops and imposed by the King Now unto this discourse of the Forms of Worship I shall subjoyn a word or two of the times of Worship that is to say the Holy-days observed in the Church of England and so observed that they do owe that observation chiefly to the Churches power For whereas it was found in the former times that the number of the Holy-days was grown so great that they became a burthen to the common people and a great hinderance to the thrift and manufactures of the Kingdom there was a Canon made in the Convocation An. 1536. For cutting off of many superstitious and superfluous Holy-days and the reducing them into the number in which they now stand save that St. George's day and Mary Magdalens day and all the Festivals of the blessed Virgin had their place amongst them according to which Canon there went out a Monitory from the Arch-Bishop of Canterbury to all the Suffragans of his Province respectively to see the same observed in their several Diocesses which is still extant on Record But being the Authority of the Church was then in the wane it was thought necessary to confirm their Acts and see execution done upon it by the Kings Injunction which did accordingly come forth with this Form or preamble That the abolishing of the said Holy-days was decreed ordained and established by the Kings Highness Authority as Supream Head in Earth of the Church of England with the common consent and assent of the Prelates and Clergy of this his Realm in Convocation lawfully Assembled and Congregate Of which see Fox his Acts and Monuments fol. 1246 1247. Afterwards in the year 1541. the King perceiving with what difficulty the people were induced to leave off those Holy-days to which they had been so long accustomed published his Proclamation of the twenty-third of July for the abolishing of such Holy-days amongst other things as were prohibited before by his Injunctions both built upon the same foundation namely the resolution of the Clergy in their Convocation And so it stood until the Reign of King E. 6. at which time the Reformation of the publick Liturgie drew after it by consequence an alteration in the present business no days being to be kept or accounted Holy but those for which the Church had set apart a peculiar office and not all those neither For whereas there are several and peculiar offices for the day of the Conversion of St. Paul and the day of St. Barnabas the Apostles neither of these are kept as Holy-days nor reckoned or esteemed as such in the Act of Parliament wherein the names and number of the Holy-days is precisely specified which makes some think the Act of Parliament to have had an over-ruling power on the Common-prayer-Book but it is not so
begin to intrench upon the Churches Rights to offer at and entertain such businesses as formerly were held peculiar to the Clergy only next to dispute their Charters and reverse their privileges and finally to impose some hard Laws upon them And of these notable incroachments Matthew Parker thus complains in the life of Cranmer Qua Ecclesiasticarum legum potestate abdicata populus in Parliamento coepit de rebus divinis inconsulto Clero Sancire tum absentis Cleri privilegia sensim detrahere juraque duriora quibus Clerus invitus teneretur Constituere But these were only tentamenta offers and undertakings only and no more than so Neither the Parliaments of K. Edward or Q. Elizabeths time knew what it was to make Committees for Religion or thought it fit that Vzzah should support the Ark though he saw it tottering That was a work belonging to the Levites only none of the other Tribes were to meddle with it But as the Puritan Faction grew more strong and active so they applyed themselves more openly to the Houses of Parliament but specially to the House of Commons putting all power into their hands as well in Ecclesiastical and Spiritual Causes as in matters Temporal This amongst others confidently affirmed by Mr. Pryn in the Epistle to his Book called Anti-Arminianism where he avers That all our Bishops our Ministers our Sacraments our Consecration our Articles of Religion our Homilies Common-prayer Book yea and all the Religion of the Church is no other way publickly received supported or established amongst us but by Acts of Parliament And this not only since the time of the Reformation but That Religion and Church affairs were determined ratified declared and ordered by Act of Parliament and no ways else even then when Popery and Church men had the greatest sway Which strange assertion falling from the pen of so great a Scribe was forthwith chearfully received amongst our Pharisees who hoped to have the highest places not only in the Synagogue but the Court of Sanhedrim advancing the Authority of Parliaments to so high a pitch that by degrees they fastened on them both an infallibility of judgment and an omniotency of power Nor can it be denied to deal truly with you but that they met with many apt Scholars in that House who either out of a desire to bring all the grist to their own Mill or willing to enlarge the great power of Parliaments by making new precedents for Posterity or out of faction or affection or what else you please began to put their Rules in practice and draw all matters whatsoever within the cognizance of that Court In which their embracements were at last so general and that humour in the House so prevalent that one being once demanded what they did amongst them returned this answer That they were making a new Creed Another being heard to say That he could not be quiet in his Conscience till the holy Text should be confirmed by an Act of theirs Which passages if they be not true and real as I have them from an honest hand I assure you they are bitter jests But this although indeed it be the sickness and disease of the present Times and little to the honour of the Court of Parliament can be no prejudice at all to the way and means of the Reformation amongst sober and discerning men the Doctrine of the Church being settled the Liturgy published and confirmed the Canons authorized and executed when no such humour was predominant nor no such power pretended to by both or either of the Houses of Parliament But here perhaps it will be said that we are fallen into Charybdis by avoiding Scylla and that endeavouring to stop the mouth of this Popish Calumny we have set open a wide gap to another no less scandalous of the Presbyterians who being as professed Enemies of the Kings as the Popes Supremacy and noting that strong influence which the King hath had in Ecclesiastical affairs since the first attempts for Reformation have charg'd it as reproachfully on the Church of England and the Religion here established that it is Regal at the best if not Parliamentarian and may be called a Regal Faith and a Regal Gospel But the Answer unto this is easie For first the Kings intended by the Objectors did not act much in order to the Reformation as appears by that which hath been said but either by the advice and co-operation of the whole Clergy of the Realm in their Convocations or by the Counsel and consent of the Bishops and most eminent Church men in particular Conferences which made it properly the work of the Clergy only the Kings no otherwise than as it was propouned by him or finally confirmed by the Civil Sanction And secondly had they done more in it than they did they had been warranted so to do by the Word of God who hath committed unto Kings and Sovereign Princes a Supreme or Supereminent power not only in all matters of a Temporal or Secular nature but in such as do concern Religion and the Church of Christ And so St. Augustine hath resolved it in his third Book against Cresconius In hoc Reges sicut iis divinitus praecipitur pray you note that well Deo serviunt in quantum Reges sunt si in suo Regno bona jubeant mala prohibeant non solum quae pertinent ad humanum societatem verum etiam ad Divinam Religionem Which words of his seemed so significant and convincing unto Hart the Jesuite that being shewed the Tractate writ by Dr. Nowel against Dorman the Priest in the beginning of Q. Elizabeths time and finding how the case was stated by that Reverend person he did ingenously confess that there was no Authority ascribed to the Kings of england in Ecclesiastical affairs but what was warranted unto them by that place of Augustine The like affimed by him that calleth himself Franciscus de S. Clara though a Jesuite too that you mjay see how much more candid and ingenuous the Jesuits are in this point than the Presbyterians in his Examen of the Articles of the Church of England But hereof you may give me opportunity to speak more hereafter when you propose the Doubts which you say you have relating to the King the Pope and the Churches Protestant and therefore I shall say no more of it at the present time SECT II. The manner of the Reformation of the Church of England declared and justified HItherto I had gone in order to your satisfaction and communicated my conceptions in writing to you when I received your Letter of the 4th of January in which you signified the high contentment I had given you in condescending to your weakness as you pleased to call it and freeing you from those doubts which lay heaviest on you And therewithal you did request me to give you leave to propound those other scruples which were yet behind relating to the King the Pope and the Protestant-Churches either too little
or too much looked after in the Reformation And first you say it is cvomplained of by some Zelots of the Church of rome that the Pope was very hardly and unjustly dealt with in being deprived of the Supremacy so long enjoyed and exercised by his Predecessors and that it was an Innovation no less strange than dangerous to settle it upon the King 2. That the Church of England ought not to have proceeded to a Reformation without the Pope considered either as the Patriarch of the Weftern world or the Apostle in particular of the English Nation 3. That if a Reformation had been found so necessary it ought to have been done by a General Council at least with the consent and co-operation of the Sister-Churches especially of those who were engaged at the same time in the same designs 4. That in the carrying on of the Reformation the Church proceeded very unadvisedly in letting the people have the Scriptures and the publique Liturgy in the vulgar tongue the dangerous consequents whereof are now grown too visible 5. That the proceedings in the point of the Common-prayer Book were meerly Regal the body of the Clergy not consulted with or consenting to it and consequently not so Regular as we fain would have it And 6. That in the power of making Canons and determining matters of the Faith the Clergy have so fettered and intangled themselves by the Act of Submission that they can neither meet deliberate conclude nor execute but as they are enabled by the Kings Authority which is a Vassalage inconsistent with their native Liberties and not agreeable to the usage of the Primitive times These are the points in which you now desire to have satisfaction and you shall have it in the best way I am able to do it that so you may be freed hereafter from such troubles and Disputants as I perceive have laboured to perplex your thoughts and make you less affectionate than formerly to the Church your Mother 1. That the Church of England did not Innovate in the Ejection of the Pope and settling the Supremacy in the Royal Crown And in this point you are to know that it hath been and still is the general and constant judgment of the greatest Lawyers of this Kingdom that the vesting of the Supremacy in the Crown Imperial of this Realm was not Introductory of any new Right or Power which was not in the Crown before but Declaratory of an old which had been anciently and originally inherent in it though of late Times usurped by the Popes of Rome and in Abeyance at that time as our Lawyers phrase it And they have so resolved it upon very good reasons the principal managery of affairs which concern Religion being a flower inseparably annexed to the Regal Diadem not proper and peculiar only to the Kings of England but to all Kings and Princes in the Church of God and by them exercised and enjoyed accordingly in their times and places For who I pray you were the men in the Jewish Church who destroyed the Idols of that people cut down the Groves demolished the high places and brake in pieces the Brazen Serpent when abused to Idolatry Were they not the godly Kings and Princes only which sway'd the Scepter of that Kingdom And though 't is possible enough that they might do it by the counsel and advice of the High-Priests of that Nation or of some of the more godly Priests and Levites who had a zeal unto the Law of the most high God yet we find nothing of it in the holy Scripture the merit of these Reformations which were made occasionally in that faulty Church being ascribed unto their Kings and none but them Had they done any thing in this which belonged not to their place and calling or by so doing had intrenched on the Office of the Priests and Levits that God who punished Vzzab for attempting to support the Ark when he saw it tottering and smote Osias with a Leprosie for burning Incense in the Temple things which the Priests and Levites only were to meddle in would not have suffered those good Kings to have gone unpunished or at least uncensured how good soever their intentions and pretences were Nay on the contrary when any thing was amiss in the Church of Jewry the Kings and not the Priests were admonished of it and reproved for it by the Prophets which sheweth that they were trusted with the Reformation and none else but they Is it not also said of david that he distributed the Priests and Levites into several Classes allotted to them the particular times of their Ministration and designed them unto several Offices in the publick Service Josephus adding to these passages of the Holy Writ That he composed Hymns and Songs to the Lord his God and made them to be sung in the Congregation as an especial part of the publick Liturgy Of which although it may be said that he composed those Songs and Hymns by vertue of his Prophetical Spirit yet he imposed them on the Church appointed Singing-men to sing them and prescribed Vestments also to these Singing-men by no other power than the regal only None of the Priests consulted in it for ought yet appears The like Authority was exercised and enjoyed by the Christian Emperors not only in their calling Councils and many times assisting at them or presiding in them by themselves or their Deputies or Commissioners but also in confirming the Acts thereof He that consults the Code and Novelles in the Civil Laws will find the best Princes to have been most active in things which did concern Religion in regulating matters of the Church and setting out their Imperial Edicts for suppressing of Hereticks Quid Imperatori cum Ecclesia What hath the Emperor to do in matters which concern the Church is one of the chief Brand-marks which Optatus sets upon the Donatists And though some Christians of the East have in the way of scorn had the name of Melchites men of the Kings Religion as the word doth intimate because they adhered unto those Doctrines which the Emperors agreeable to former Councils had confirmed and ratified yet the best was that none but Sectaries and Hereticks put that name upon them Neither the men nor the Religion was a jot the worse Nor did they only deal in matters of Exterior Order but even in Doctrinals matters intrinsecal to the Faith for which their Enoticon set out by the Emperor Zeno for settling differences in Religion may be proof sufficient The like Authority was exercised and enjoyed by Charles the Great when he attained the Western Empire as the Capitulars published in his Name and in the names of his Successors do most clearly evidence and not much less enjoyed and practised by the Kings of England in the elder times though more obnoxious to the power of the Pope of Rome by reason of his Apostleship if I may so call it the Christian Faith being first preached unto the English
Saxons by such as he employed in that Holy work The instances whereof dispersed in several places of our English Histories and other Monuments and Records which concern this Church are handsomely summed up together by Sir Edward Cook in the fifth part of his Reports if I well remember but I am sure in Cawdries Case entituled De Jure Regis Ecclesiastico And though Parsons the Jesuite in his Answer unto that Report hath took much pains to vindicate the Popes Supremacy in this Kingdom from the first planting of the Gospel among the Saxons yet all he hath effected by it proves no more than this That the Popes by permission of some weak Princes did exercise a kind of concurrent jurisdiction here with the Kings themselves but came not to the full and entire Supremacy till they had brought all other Kings and Princes of the Western Empire nay even the Emperors themselves under their command So that when the Supremacy was recognized by the Clergy in their Convocation to K. H. 8. it was only the restoring of him to his proper and original power invaded by the Popes of these latter Ages though possibly the Title of Supream Head seemed to have somewhat in it of an Innovation At which Title when the Papists generally and Calvin in his Comment on the Prophet Amos did seem to be much scandalized it was with much wisdom changed by Q. Elizabeth into that of Supream Governour which is still in use And when that also would not down with some queasie stomacks the Queen her self by her Injunctions published in the first year of her Reign and the Clergy in their book of Articles agreed upon in Convocation about five years after did declare and signifie That there was no Authority in sacred matters contained under that Title but that only Prerogative which had been given always to all godly Princes in holy Scriptures by God himself that is That they should rule all Estates and degrees committed to their charge by God whether they be Ecclesiastical or Temporal and to restrain with the Civil Sword the stubborn and evil doers as also to exclude thereby the Bishop of Rome from having any jurisdiction in the Realm of England Artic. 37. Lay this unto the rest before and tell me if you can what hath been acted by the Kings of England in the Reformation of Religion but what is warranted unto them by the practice and example of the most godly Kings of Jewry seconded by the most godly Emperours in the Christian Church and by the usage also of their own Predecessors in this Kingdom till Papal Usurpation carried all before it And being that all the Popes pretended to in this Realm was but Usurpation it was no Wrong to take that from him which he had no Right to and to restore it at the last to the proper Owner Neither prescription on the one side nor discontinuance on the other change the case at all that noted Maxim of our Lawyers that no prescription binds the King or Nullum tempus occurrit Regi as their own words are being as good against the Pope as against the Subject This leads me to the second part of this Dispute the dispossessing of the Pope of that Supream Power so long enjoyed and exercised in this Realm by his Predecessors To which we say that though the pretensions of the Pope were antient yet they were not primitive and therefore we may answer in our Saviours words Ab initio non fuit sic it was not so from the beginning For it is evident enough in the course of story that the Pope neither claimed nor exercised any such Supremacy within this Kingdom in the first Ages of this Church nor in many after till by gaining from the King the Investiture of Bishops under Henry the First the exemption of the Clergy from the Courts of Justice under Henry the Second and the submission of King John to the See of Rome they found themselves of strength sufficient to make good their Plea And though by the like artifices seconded by some Texts of Scripture which the ignorance of those times incouraged them to abuse as they pleased they had attained the like Supremacy in France Spain and Germany and all the Churches of the West Yet his Incroachments were opposed and his Authority disputed upon all occasions especially as the light of Letters did begin to shine Insomuch as it was not only determined essentially in the Council of Constance one of the Imperial Cities of High germany that the Council was above the Pope and his Authority much curbed by the Pragmatick Sanction which thence took beginning But Gerson the learned Chancellor of Paris wrote a full Discourse entituled De auferibilitate Papae touching the total abrogating of the Papal Office which certainly he had never done in case the Papal Office had been found essential and of intrinsecal concernment to the Church of Christ According to the Position of that learned man The greatest Princes in these times did look upon the Pope and the Papal power as an Excrescence at the best in the body mystical subject and fit to be pared off as occasion served though on self ends Reasons of State and to serve their several turns by him as their needs required they did and do permit him to continue in his former greatness For Lewis the 11th King of France in a Council of his own Bishops held at Lions cited Pope Julius the 2d to appear before him and Laustrech Governour of Millaine under Francis the 1st conceived the Popes Authority to be so unnecessary yea even in Italy it self that taking a displeasure against Leo the 10th he outed him of all his jurisdiction within that Dukedom anno 1528. and so disposed of all Ecclesiastical affairs ut praefecto sacris Bigorrano Episcopo omnia sine Romani Pontificis authoritate administrarentur as Thuanus hath it that the Church there was supreamly governed by the Bishop of Bigor a Bishop of the Church of France without the intermedling of the Pope at all The like we find to have been done about six years after by Charles the Fifth Emperor and King of Spain who being no less displeased with Pope Clement the 7th Abolished the Papal power and jurisdiction out of all the Churches of his Kingdoms in Spain Which though it held but for a while till the breach was closed yet left he an example by it as my Author noteth Ecclesiasticam disciplinam citra Romani nominis autoritatem posse conservari that there was no necessity of a Pope at all And when K. Henry the 8th following these examples had banished the Popes Authority out of his Dominions Religion still remaining here as before it did the Popes Supremacy not being at the time an Article of the Churistian Faith as it hath since been made by Pope Pius the 4th that Act of his was much commended by most knowing men in that without more alteration in the face of the Church
Romanae sedis exuisset obsequium saith the Author of the Tridentine History he had freed himself and all his Subjects from so great a Vassalage Now as K. Henry the 8th was not the first Christian Prince who did de facto abrogate the Popes Authority so was he not the last that thought it might be abrogated if occasion were For to say nothing of King Edward the 6th and Queen Elizabeth two of his Successors who followed his example in it We find it to have been resolved on by K. Henry the 4th of France who questionless had made the Arch-Bishop of Bourges the Patriarch of the Gallicane Church and totally withdrawn it from acknowledging of the Authority of the See of Rome had not Pope Clement the 8th much against his will by the continual solicitations of Cardinal D' Ossat admitted him to a formal Reconciliation on his last falling off to Popery How near the Signeury of Venice was to have done the like anno 1608. the History of the Interdict or of the Quarrels betwixt that State and Pope Paul the 5th doth most plainly shew This makes it evident that in the judgment and esteem of most Christian Princes in other things of the Religion of the Church of Rome the Popes Supremacy was looked upon as an incroachment and therefore might be abrogated upon better reasons than it had formerly been admitted in their several Kingdoms By consequence the doing of it here in England is neither so injurious or unjust as your Zelots make it 2. That the Church of England might proceed to a Reformation without the Approbation of the Pope or Church of Rome But here you say it will be replied that though the Pope be not considered as the Supream Head or Universal Pastor of the Church with reference whereunto his supereminent jurisdiction was disputed in the former times yet it cannot be denied with reason but that he is the Patriarch of these Western Churches and the Apostle in particular of the English Nation In these respects no Reformation of the Church to be made without him especially considering that the Church of England at that time was a Member of the Church of Rome and therefore to act nothing in that kind but by consent of the whole according to that known Maxim of the Schools Turpis est pars ea quae totisuo non cohaereat This though it be a Triple Cord will be easily broken For first the Pope is not the Patriarch of the West One of the Patriarchs of the West we shall easily grant him but that he is the Patriarch we will by no means yield To tell you why we dare not yield it I must put you in mind of these particulars 1. That all Bishops in respect of their Office or Episcopality are of equal power whether they be of Rome or Rhegium of Constantinople or Engubium of Alexandria or of Tanais as S. Hierom hath it Potentia divitiarum paupertatis humilitas vel sublimiorem vel inferiorem Episcopum non facit A plentiful Revenue and a sorry Competency makes not saith he one bishop higher than another in regard of his Office though possibly of more esteem and reputation in the eyes of men 2. That in respect to Polity and external order the Bishops antiently were disposed of into Sub et supra according to the platform of the Roman Empire agreeable to the good old Rule which we find mentioned though not made in the general Councel of Chalcedon that is to say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. The government of the Church is to be sitted and accommodated to the Civil State 3. That the Roman Empire was divided antiently into 14 Juridical Circuits which they called Diocesses reckoning the Praefecture of rome for one of the number six the of which that is to say the Diocesses of Italy Africk Spain Britain Gaul and Illyricum occidentale besides the Praefecture of the City were under the command of the Western Emperors after the Empire was divided into East and West 4. That in the Praefecture of the City of Rome were contained no more than the Provinces of Latium Tuscia Picenum Suburbicarium Samnum Apulia and Calabria Brutium and Lucania in the main land of Italy together with the Islands of Sicilie Corsica and Sardinia 5. That every Province having several Cities there was agreeable to this model a Bishop placed in every City a Metropolitan in the chief City of each Province who had a superintendence over all the Bishops and in each Diocess a Primate ruling in chief over the Metropolitans of the several Provinces And 6. Though at first only the three Primates or Arch-Bishops of Rome Antioch and Alexandria commonly and in vulgar speech had the name of Patriarchs by reason of the wealth and greatness of those Cities the greatest of the Roman Empire and the chief of Europe Asia and Africa to which the Bishops of Hierusalem and Constantinople were after added yet were they all of equal power among themselves and shined with as full a splendor in their proper Orbs as any of the Popes then did in the Sphere of Rome receiving all their light from the Sun of Righteousness not borrowing it from one another for which the so much celebrated Canon of the Nicene Council may be proof sufficient If not the Edicts of Justinian shall come in to help by which it was decreed that all Appeals in point of grievance should lie from the Bishop to the Metropolitan and from the Metropolitans unto the Primates the Patriarchs as he calls them of the several Diocesses By which accompt it doth appear that the Patriarchate of Rome was antiently confined within the Praefecture of that City in which respect as the Provinces subject to the Pope were by Ruffinus called Regiones Suburbicariae or the City Provinces so was the Pope himself called Vrbicus or the City-Bishop by Optatus Afer To prove this point more plainly by particular instances I shall take leave to travel over the Western Diocesses to see what marks of Independence we can find among them such as dissenting in opinion from the Church of Rome or adhering unto different ceremonies and forms of worship or otherwise standing in defence of their own Authority And first the Diocess of Italy though under the Popes nose as we use to say was under the command of the Arch-Bishop of Milain as the Primate of it which City is therefore called by Athanafius 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Metropolis or chief City of Italy The Saturdays fast observed at Rome and not at Milain Quando Romae sum jejuno Sabbato quum hic sum non jejuno Sabbato as S. Ambrose hath it shews clearly that the one had no dependence upon the other And yet the difference of Divine Offices or Forms of worship is a more pregnant proof than this the Churches of Milain officiating for many Ages by a Liturgie which S. Ambrose had a special hand in they of the Patriarchate of Rome following the
old Roman Missals not fully finished and compleated till the time of Pope Gregory Whence the distinction of Ecclesiae Ambrosianae Ecclesiae Gregorianae extant in Bonaventure and others of the Writers of the latter times Cross we the Seas unto the Diocess of Africk governed in chief by the Primate or Arch-Bishop of Carthage And there we find S. Cyprian determining against Pope Stephen in the then controverted case of Rebaptization and calling him in his Epistle to Pompeius an obstinate and presumptuous man and a fautor of Hereticks no very great tokens of subjection if you mark it well The error of his judgement in the point debated I regard not here but I am sure that in defence of his authority and jurisdiction he was right enough and therein strongly seconded by the African Church opposing the incroachments of Zosimus Boniface and Celestine succeeding one another in the Roman Patriarchate prohibiting all Appeals to Rome in the Councils of Milevis and Carthage and finally excommunicating Lupicinus for appealing to Pope Leo the first contrary to the Rites and Liberties of the African Church Next for the Diocess of Spain I look upon the Musarabick Liturgy composed by Isidore Arch-Bishop of Sevil and universally received in all the Churches of that Continent for as unquestionable a character of self-subsistency as the Ambrosian Office was in the Church of Milain the Roman or Gregorian Missal not being used in all this Countrey till the year 1083. At which time one Bernard a French-man and a great stickler in behalf of the Roman Ceremonies being made Arch-Bishop of Toledo by practising with Alfonso the then King of Castile first introduced the Roman Missal into some of the Churches of that City and after by degrees into all the rest of those Kingdoms soon after the Churches of France the greatest and most noble part of the Gallick Diocess they were originally under the Authority of the Bishop of Lions as their proper Primate not owing any suit or service to the Court of Rome but standing on their own Basis and acting all things of themselves as the others did The freedom wherewith Irenaeus the renowned Bishop of that City reproved the rashness of Pope Victor in the Case of Easter not well becoming an inferior Bishop to the Supream Pastor shews plainly that they stood on even ground and had no advantage of each other in respect of sub supra as Logicians say notwithstanding that more powerful Principality potentior principalitas as the Latine hath it which Irenaeus did allow him over those at home But a more evident proofof this there can hardly be than those large liberties and freedoms which the Church Gallican doth at this time enjoy the remainders past all doubt of those antient Rights which under their own Patriarch they were first possessed of not suffering the Decrees of the Council of Trent that great supporter of the Popedom to take place amongst them but as insensibly and by the practices of some Bishops they were introduced curbing the Popes exorbitant power by the pragmatick Sanction and by the frequent Judgments and Arrests of Parliament insomuch as a Book of Cardinal Bellarmines tending to the advancement of the Papal Monarchy and another Writ by Beanus the Jesuite entituled Controversia Anglicana in maintenance of the Popes Supremacy were suppressed and censured Anno 1612. Another Writ by Gasper Scioppius to the same effect but with far less modesty being at the same time burnt by the hands of the Hangman Finally for the Churches of the Diocess of Britain those of Illyricum lying too far off to be brought in here they had their own Primate also the Arch-Bishop of York and under him two Metropolitans the Bishops of London and Caer-leon And for a character of their Freedom or self-subsistence they had four different customs from the Church of Rome as in the Tonsure and the keeping of the Feast of Easter wherein they followed the Tradition of the Eastern Churches So firm withal in their obedience to their own Primate the Arch Bishop of Car-leon on Vsh the only Arch-Bishop of three which before they had that they would by no means yield subjection unto Augustine the Monk the first Arch-Bishop of the English though he came Armed amongst them with the Popes Authority Nor would they afterwards submit unto his Successors though backed by the Authority of the Kings of England acknowledging no other Primate but the Bishop of St. Davids to which the Metropolitan See was then translated until the time of Henry II. when the greatest part of South Wales and the City of S. Davids it self was in possession of the English These were the Patriarchs or Primates of the Western Churches and by these Primates the Church was either governed singly but withal Supreamly in their several Diocesses taking the word Diocese in the former notion or in conjunction each with other by their Letters of advice and intercourse which they called Literas Formatas and Communicatorias You see by this that though the Pope was one of the Western Patriarchs yet was he not originally and by primitive Institution either the Patriarch of the West that is to say not the only one nor could pretend unto their Rights as any of their Sees were ruined by the barbarous Nations and consequently his consent not necessary to a Reformation beyond the bounds of his own Patriarchate under that pretence Let us next see what power he can lay claim unto as the Apostle in particular of the English Nation Which memorable title I shall never grudge him I know well not only that the Wife of Ethelbert King of Kent a Christian and a Daughter of France had both her Chappel and her Chappellance in the Palace Royal before the first preaching of Austin the Monk but that the Britains living intermixt with the Saxons for so long a time may be supposed in probability and reason to have gained some of them to the Faith But let the Pope enjoy this honour let Gregory the Great be the Apostle of the English Saxons by whom that Augustine was sent hither yet this entituleth his Successors to no higher Prerogatives than the Lords own Apostles did think fit to claim in Countreys which they had converted For neither were the English Saxons Baptized in the name of the Pope they had been then Gregoriani and not Christiani or looked upon him as the Lord of this part of Gods Heritage but as an helper to their joy S. Paul the Apostle of the Gentiles did disclaim the one S. Peter the Apostle of the Jews did dissuade the other The Anglican Church was absolute and Independent from the first beginning not tied so much as to the Ceremonies of the Church of Rome it being left by Gregory to the discretion of Augustine out of the Rites and Rubricks of such Churches as he met with in his journey hither these of Italy and France he means to constitute a form of worship for the Church
of England And for a further proof hereof he that consults the Saxon Councils collected by that Learned and Industrious Gentleman Sir H. Spelman will find how little there was in them of a Papal influence from the first planting of the Gospel to the Norman Conquest If we look lower we shall find that the Popes Legat à Latere whensoever sent durst not set foot on English ground till he was licensed and indemnified by the Kings Authority but all Appeals in case of grievance were to be made by a Decree of Henry II. from the Arch-Deacon to the Bishop from the Bishop to the Metropolitan Et si Archiepiscopus defecerit in justitia exhibenda ad Dominum Regem deveniendum est postremo and last of all from the Metropolitan to the King himself no Appeal hence unto the Pope as in other places so that the Clergy of this Land had a Self-authority of treating and concluding in any business which concerned their own peace and happiness without resorting to the Pope for a confirmation Out of which Canons and Determinations made amongst our selves Lindwood composed his Provincial though framed according to the method of the Roman Decretal to be the standing body of our Canon-Law that on the other side neither the Canons of that Church or Decretals of the Popes were concluding here but either by a voluntary submission of some fawning and ambitious Prelates or as they were received Synodically by the English Clergy of which the constitutions made by Otho and Othobon Legats à latere from the Pope may be proof sufficient and finally that Anselm the Arch-Bishop of Canterbury was welcomed by Pope Vrban II. to the Council of Bari in Apulia tanquam alterius orbis Papa as in William of Malmesbury tanquam Patriarcham Apostolicum as John Capgrave hat it as the Pope Patriarch and Apostolick Pastor of another World Divisos orbe Britannos as you know who said Which titles questionless the Pope would never have conferred upon him had he not been as absolute and supream in his own jurisdiction succeeding in the Patriarchal Rights of the British Diocess as the Pope was within the Churches subject unto his Authority And this perhaps might be the reason why Innocent II. bestowed on Theobald the third from Anselm and on his Successors in that See the Title of Legati nati that they might seem to act rather in the time to come as Servants and Ministers to the Pope than as the Primates and chief Pastors of the Church of England And by all this it may appear that the Popes Apostleship was never looked on here as a matter of so great concernment that the Church might not lawfully proceed to a Reformation without his allowance and consent Were that plea good the Germans might not lawfully have reformed themselves without the allowance of the English it being evident in story that not only Boniface Arch-Bishop of Mentz called generally the Apostle of Germany was an English man but that Willibald the first Bishop of Eystel Willibad the first Bishop of Bremen Willibrod the first Bishop of Vtretcht Swibert the first Bishop of Virdem and the first converters of those parts were of England also Men instigated to this great work all except the first not so much by the Popes zeal as their own great piety By this that hath been said it is clear enough that the Church of England at the time of the Reformation was not indeed a Member of the Church of Rome under the Pope as the chief Pastor and Supream Head of the Church of Christ but a Fellow-member with it of that Body Mystical whereof Christ only is the Head part of that Flock whereof he only is the Shepherd a sister Church to that of Rome though with relation to the time of her last conversion but a younger Sister And if a Fellow-member and a Sister-Church she might make use of that Authority which naturally and originally was vested in her to reform her self without the leave of the particular Church of Rome or any other whatsoever of the Sister-Churches The Church is likened to a City in the Book of God a City at Vnity in it self as the Psalmist calls it and as a City it consisteth of many houses and in each house a several and particular Family Suppose this City visited with some general sickness may not each Family take care to preserve it self advise with the Physitian and apply the Remedy without consulting with the rest Or if consulting with the rest must they needs ask leave also of the Mayor or principal Magistrate take counsel with no other Doctors and follow no other course of Physick than such as he commends unto them or imposeth on them Or must the lesser languish irremediably under the calamity because the greater and more potent Families do not like the cure Assuredly it was not so in the Primitive times when it was held a commendable and lawful thing for National and particular Churches to reform such errors and corruptions as they found amongst them nor in the Church of Judah neither when the Idolatries of their Neighbours had got ground upon them Though Israel transgress let not Judah sin saith the Prophet Hosea chap. 4. Yet Israel was the greater and more numerous people Ten Tribes to two two of the ten the Eldest Sons of their Father Jacob all of them older than Benjamin the last begotten being the second of the two which notwithstanding the Kings of Judah might and did proceed to a Reformation though those of Israel did refuse to co-operate with them The like was also done de facto and dejure too in the best and happiest times of Christianity there being many errors and unsound opinions condemned in the Councils of Gangra Aquilia Carthage Milevis and not a few corruptions in the practical part of Religion reformed in the Synods of Eliberis Laodicea Arles and others in the fourth Century of the Church without advising or consulting with the Roman Oracle or running to the Church of Rome for a confirmation of their Acts and doing though at that time invested with a greater and more powerful principality than the others were No such regard had in those times to the Church of Rome though the elder Sister but that another National Church might reform without her nor any such consideration had of the younger Sisters that one should tarry for another till they all agreed though possibly they might all be sensible of the inconvenience and all alike desirous of a speedy Remedy But of this more anon in Answer to the next Objections Proceed we now a little further and let us grant for once that the Church of England was a Member at that time of the Church of Rome acknowledging the Pope for the Head thereof Yet this could be no hindrance to a Reformation when the pretended Head would not yield unto it or that the Members could not meet to consult about it The whole Body of the Church was
and adjuncts of it which had been utterly abolished in Zuinglian Churches and much impaired in power and jurisdiction by the Lutherans also and keeping up a Liturgy or set form of worship according to the rites and usages of the primitive times which those of the Calvinian Congregations would not hearken to God certainly had so disposed it in his Heavenly wisdom that so this Church without respect unto the names and Dictates of particular Doctors might found its Reformation on the Prophets and Apostles only according to the Explications and Traditions of the ancient Fathers And being so founded in it self without respect to any of the differing parties might in succeeding Ages sit as Judge between them as being more inclinable by her constitution to mediate a peace amongst them than to espouse the quarrel of either side And though Spalato in the Book of his Retractations which he calls Consilium redeundi objects against us That besides the publick Articles and confession authorised by the Churches we had embraced some Lutheran and Calvinian Fancies multa Lutheri Calvini dogmata so his own words run yet this was but the error of particular men not to be charged upon the Church as maintaining either The Church is constant to her safe and her first conclusions though many private men take liberty to imbrace new Doctrines 4. That the Church did not innovate in translating the Scriptures and the publick Liturgie into vulgar tongues and of the consequents thereof in the Church of England The next thing faulted as you say in the Reformation is the committing so much heavenly treasure to such rotten vessels the trusting so much excellent Wine to such musty bottles I mean the versions of the Scriptures and the publick Liturgies into the usual Languages of the common people and the promiscuous liberty indulged them in it And this they charge not as an Innovation simply but as an Innovation of a dangerous consequence the sad effects whereof we now see so clearly A charge which doth alike concern all the Protestant and Reformed Churches so that I should have passed it over at the present time but that it is made ours more specially in the application the sad effects which the enemy doth so much insult in being said to be more visible in the Church of England than in other places This make it ours and therefore here to be considered as the former were First then they charge it on the Church as an Innovation it being affirmed by Bellarmine l. 2. De verbo Dei c. 15. whether with less truth or modesty it is hard to say Vniversam Ecclesiam semper his tantum linguis c. that in the Universal Church in all times foregoing the Scriptures were not commonly and publickly read in any other language but in the Hebrew Greek and Latine This is you see a two-edged sword and strikes not only against all Translations of the Scriptures into vulgar Languages for common use but against reading those Translations publickly as a part of Liturgy in which are many things as the Cardinal tells us quae secreta esse debent which are not fit to be made known to the common people This is the substance of the charge and herein we joyn issue in the usual Form with Absque hoc sans ceo no such matter really the constant current of Antiquity doth affirm the contrary by which it will appear most plainly that the Church did neither Innovate in the act of hers nor deviate therein from the Word of God or from the usage of the best and happiest times of the Church of Christ Not from the Word of God there 's no doubt of that which was committed unto writing that it might be read and read by all that were to be directed and guided by it The Scriptures of the Old Testament first writ in Hebrew the Vulgar Language of that people and read unto them publickly on the Sabbath days as appears clearly Act. 13.15 15.21 translated afterwards by the cost and care of Ptolemy Philadelphus King of Egypt into the Greek tongue the most known and sTudied Language of the Eastern World The New Testament first writ in Greek for the self-same reason but that S. Matthew's Gospel is affirmed by some Learned men to have been written in the Hebrew and written to this end and purpose that men might believe that Jesus is the Christ the Son of God and that believing they might have life in his Name Joh. 20. vers ult But being that all the Faithful did not understand these Languages and that the light of holy Scripture might not be likened to a Candle hidden under a Bushel It was thought good by many godly men in the Primitive times to translate the same into the Languages of the Countreys in which they lived or of the which they had been Natives In which respect S. Chrysostom then banished into Armenia translated the New Testament and the Psalms of David into the Language of that people S. Hierom a Pannonian born translated the whole Bible into the Dalmatick tongue as Vulphilas Bishop of the Gothes did into the Gothick all which we find together without further search in the Bibliotheque of Sixtus Senensis a learned and ingenuous man but a Pontifician and so less partial in this cause The like done here in England by the care of Athelstan causing a Translation of it into the Saxon Tongue the like done by Methodius the Apostle General of the Sclaves translating it into the Sclavonian for the use of those Nations not to say any thing of the Syriack Aethiopick Arabick the Persian and Chaldaean Versions of which the times and Authors are not so well known And what I pray you is the vulgar or old Latine Edition of late times made Authentick by the Popes of Rome but a Translation of the Scriptures out of Greek and Hebrew for the instruction of the Roman and Italian Nations to whom the Latine at that time was the Vulgar Tongue And when that Tongue by reason of the breaking in of the barbarous Nations was worn out of knowledge I mean as to the common people did not God stir up James Arch-Bishop of Genoa when the times were darkest that is to say Anno 1290. or thereabouts to give some light to them by translating the whole Bible into the Italian the modern Language of that Countrey As he did Wiclef not long after to translate the same into the English of those times the Saxon Tongue not being then commonly understood a copy of whose Version in a fair Velom Manuscript I have now here by me by the gift of my noble Friend Charles Dymoke Hereditary Champion to the Kings of England So then it is no Innovation to translate the Scriptures and less to suffer these Translations to be promiscuously read by all sorts of people the Scripture being as well Milk for Babes as strong Meat for the man of more able judgment Why else doth the Apostle note it
miseries of his own May not both Factions see by this what a condition the poor Church of England is involved in by them The sight whereof althoug it justifie them not in their several courses as being not without example in their present practices yet it may serve to let you know that as the distractions and confusions under which we suffer are not the consequents of our translating of the Scriptures and publick Liturgies into the common vulgar Tongues so it is neither new nor strange that such confusionsand distractions should befal the Church 5. That the proceedings of this Church in setting out the English Liturgy were not meerly Regal and of the power of Soveraign Princes in Ecclesiastical affairs Having thus proved that nothing hath been done amiss by the Church of England with reference to Gods Word the testimonies of godly Fathes and the usage of the primitive times in leaving off the Latine Service and celebrating all Divine Offices in the English Tongue I am to justifie it next in order to the carrying on of that weighty business whether so Regular or not as we fain would have it I see you are not scrupled at the subject-matter of the Common-prayer-book which being translated into Greek Latine French and Spanish hath found a general applause in most parts of Christendom no where so little set by as it is at home All scruples in that kind have been already fully satisfied by our learned Hooker who hath examined it per partes and justified it in each part and particular Office But for the greater honour of it take this with you also which is alledged in the Conference of Hampton Court touching the Marquess of Rhosny after Duke of Sally and Lord High Treasurer of France who coming Ambassador to King James from Henry IV. and having seen the solemn celebration of our Service at Canterbury and in his Majesties Royal Chappels did often and publickly affirm that if the Reformed Churches in France had kept the same Orders as were here in England he was assured there would have been many thousand Protestants in that Kingdom more than were at that time That which you seem to stick at only is in the way and manner of proceeding in it which though you find by perusal of the Papers which I sent first unto you not to have been so Parliamentarian as the Papists made it yet still you doubt whether it were so Regular and Canonical as it might have been And this you stumble at the rather in regard that the whole Body of the Clergy in their Convocation had no hand therein either as to decree the doing of it or to approve it being done but that it was resolved on by the King or rather by the Lord Protector in the Kings Minority with some few of the Bishops by which Bishops and as small a number of Learned Church-men being framed and fashioned it was allowed of by the King confirmed or imposed rather by an Act of Parliament Your question hereupon is this Whether the King for his acting it by a Protector doth not change the Case consulting with a lesser part of his Bishops and Clergy and having their consent therein may conclude any thing in the way of a Reformation the residue and greatest part not advised withal nor yielding their consent unto it in a formal way This seems to have some reference to the Scottish Liturgie for by your Letter I perceive that one of the chief of your Objectors is a Divine of that Nation and therefore it concerns me to be very punctual in my Answer to it And that my Answer my be built on the surer Ground it is to be considered first whether the Reformation be in corruption of manners or abuses in Government whether in matters practical or in points of Doctrine 2. If in matters practical whether such practice have the character of Antiquity Universality and Consent imprinted on it or that it be the practice of particular Churches and of some times only And 3. If in points of Doctrine whether such points have been determined of before in a General Council or in particular Councils universally received and countenanced or are to be defined de novo on emergent controversies And these Distinctions being laid I shall answer briefly First If the things to be reformed be either corruptions in manners or neglect of publick duties to Almighty God abuses either in Government or the parties governing the King may do it of himself by his sole Authority The Clergy are beholden to him if he takes any of them along with him when he goeth about it And if the times should be so bad that either the whole body of the Clergy or any though the greatest part thereof should oppose him in it he may go forwards notwithstanding punishing such as shall gainsay him in so good a work and compelling others And this I look on as a Power annexed to the Regal Diadem and so inseparably annexed that Kings could be no longer Kings if it were denied them But hereof we have spoke already in the first of this Section and shall speak more hereof in the next that follows And on the other side if the Reformation be in points of Doctrin and in such points of doctrine as have not been before defined or not defined in form and manner as before laid down The King only with a few of his Bishops and Learned Clergy though never so well studied in the point disputed can do nothing in it That belongs only to the whole Body of the Clergy in their Convocation rightly called and constituted whose Acts being ratified by the King bind not alone the rest of the Clergy in whose names they Voted but all the residue of the subjects of what sort soever who are to acquiesce in their Resolutions The constant practice of the Church and that which we have said before touching the calling and authority of the Convocation makes this clear enough But if the thing to be Reformed be a matter practical we are to look into the usage of the Primitive times And if the practice prove to have been both ancient and universally received over all the Church though intermitted for a time and by time corrupted The King consulting with so many of his Bishops and others of his most able Clergy as he thinks fit to call unto him and having their consent and direction in it may in the case of intermission revive such practice and in the case of corruption and degeneration restore it to its Primitive and original lustre whether he do it of himself of his own meer motion or that he follow the advice of his Council in it whether he be of age to inform himself or that he doth relie on those to whom he hath committed the publick Government it comes all to one So they restrain themselves to the ancient patterns The Reformation which was made under josias though in his Minority and acting by the Counsel of the
motion from Charles the Great and his Successors in that Empire it being evident in the Records of the Gallican Church that the opening and confirming of all their Councils not only under the Caroline but under the Merovignean Family was always by the power and sometimes with the Presidence of their Kings and Princes as you may find in the Collections of Lindebrogius and Sirmondus the Jesuite and finally that in Spain it self though now so much obnoxious to the Papal power the two at Bracara and the ten first holden at Toledo were summoned by the Writ and Mandate of the Kings thereof Or if you be not willing to take this pains I shall put you to a shorter and an easier search referring you for your better information in this particular to the learned Sermon Preached by Bishop Andrews at Hampton Court Anno 1606. touching the Right and power of calling Assemblies or the right use of the Trumpets A Sermon Preached purposely at that time and place for giving satisfaction in that point to Melvin and some leading men of the Scotish Puritans who of late times had arrogated to themselves an unlimited power of calling and constituing their Assemblies without the Kings consent and against his will As for the Vessallage which the Clergy are supposed to have drawn upon themselves by this Submission I see no fear or danger of it as long as the two Houses of Parliament are in like condition and that the Kings of England are so tender of their own Prerogative as not to suffer any one Body of the Subjects to give a Law unto the other without his consent That which is most insisted on for the proof hereof is the delegating of this power by King Henry VIII to Sir Thomas Cromwel afterwards Earl of Essex and Lord high Chamberlain by the name of his Vicar General in Ecclesiastical matters who by that name presided in the Convocation Anno 1536. and acted other things of like nature in the years next following And this especially his presiding in the Convocation is looked on both by Sanders and some Protestant Doctors not only as a great debasing of the English Clergy men very Learned for those times but as deforme satis Spectaculum a kind of Monstrosity in nature But certainly those men forget though I do not think my self bound to justifie all King Harries actions that in the Council of Chalcedon the Emperor appointed certain Noble-men to sit as Judges whose names occurr in the first Action of that Council The like we find exemplified in the Ephesine Council in which by the appointment of Theodosius and Valentinian then Roman Emperors Candidianus a Count Imperial sate as Judge or President who in the managing of that trust over-acted any thing that Cromwel did or is objected to have been done by him as the Kings Commissioner For that he was to have the first place in those publick meetings as the Kings Commissioner or his Vicar-General which you will for I will neither trouble my self nor you with disputing Titles the very Scottish Presbyters the mo st rigid sticklers for their own pretended and but pretended Rights which the world affords do not stick to yield No Vassallage of the Clergy to be found in this as little to be feared by their Submission to the King as their Supream Governour Thus Sir according to my promise and your expectation have I collected my Remembrances and represented them unto you in as good a fashion as my other troublesome affairs and the distractions of the time would give me leave and therein made you see if my judgment fail not that neither our King or Parliaments have done more in matters which concern'd Religion and the Reformation of this Church than what hath formerly been done by the secular Powers in the best and happiest times of Christianity and consequently that the clamours of the Papists and Puritans both which have disturbed you are both false and groundless Which if it may be serviceable to your self or others whom the like doubts and prejudices have possessed or scrupled It is all I wish my studies and endeavours aiming at no other end than to do all the service I can possibly to the Church of God to whose Graces and divine Protection you are most heartily commended in our Lord and Saviour Jesus Christ By SIR Your most affectionate Friend to serve you Peter Heylyn OF LITURGIES OR SET FORMS OF PUBLIQUE WORSHIP With the Concomitants thereof IN Way of an Historical Narration By PETER HEYLYN D.D. Augustin de bono perseverantiae lib. 2. c. 22. Vtinam tardi corde infirmi c. sic audirent vel non audirent in hac quaestione Disputationes nostras ut potius intuerentur orationes suas quas semper habuit habebit Ecclesia ab exordiis suis donec finiatur hoc seculum LONDON Printed for Charles Harper and Mary Clark 1680. To the Reader WHen the disputes were first raised by those of the Genevian faction against the Divine Service of this Church it was pretended that they were well enough content to admit a Liturgy so it were such an one as tended more to edification and increase of Piety than that which was imposed and established by the Laws of this Land was given out to do That which most seemed to trouble them as they gave it out was that it had too much in it of the Roman Rituals that it was cloyed with many superstitious and offensive Ceremonies the frequent and unnecessary repetition of the Lords Prayer the ill translation of the Psalms and other Scriptures the intermixture of impertinent Responsories whereby the course of the Prayers was interrupted and finally the diffeence betwixt that Liturgie and those of other reformed Churches with which they did desire to hold a more strict Communion But being beaten from these holds as by many others so more chiefly by judicious Hooker and never daring to adventure any more in pursuit of that quarrel the Smectymnians in our times resolved upon a nearer course to effect their purposes than the Martinists had done before them and rather chose to fell down Liturgie it self as having no authority from the Word of God nor from the practice of Gods people than waste their time in lopping off the branches and excrescencies of it Accordingly they reduced the whole state of the Controversie to these two Positions 1. That if by Liturgy we understand an order observed in Church Assemblies of Praying Reading and Expounding the Scriptures Administring Sacraments c. Such a Liturgy they know and do acknowledge both Jews and Christians to have used But if by Liturgy we undersTand prescribed and stinted forms of Administration composed by some particular men in the Church and imposed upon all the rest then they are sure for so they must be understood if they say any thing that no such Liturgie hath been used ancient by the Jews or Christians 2. That the first Reformers of Religion did never intend the
his time save that the latter clause was altered and that for praising God for Saints departed put instead thereof as we may see in Bishop Latimers Sermon preached at Stanford whereof more anon Hitherto are we clear for King Edwards time and no less clear are we for King Henries also especially for the latter part thereof in which the use of Bidding prayers or moving the people unto prayer had by him been imposed upon the Clergy before this time the people had been trained up in a very gross ignorance not knowing explicitely the Articles of their belief accustomed to a Latin service in their publick Churches and to a daily stint of Pater-nosters and Ave-Maries in the Latin tongue which few or none of them understood But that King having taken on himself the Title of supreme Head of the Church of England and adding of the same to the stile Imperial viz. Anno 1535 there issued out an order by his Authority in this Form that followeth This is an Order taken for Preaching and Bidding of Beads in all Sermons to be made within this Realm First Whosoever shall Preach in the presence of the Kings Highness and the Queen's Grace shall in the bidding of Beads pray for the whole Catholick Church of Christ as well quick as dead and especially for the Catholick Church of this Realm and first as we be most bounden for our Soveraign Lord King Henry the VIII being immediatly next under God the only supreme Head of this Catholick Church of England And for the most gracious Lady Qu. Anne his Wife and for the Lady Elizabeth Daughter and Heir to them both And no further Item the Preacher in all other places of this Realm not in the presence of the Kings said Highness and the Queens Grace shall in the bidding of the Beads pray first in manner and Form and word for word as is above ordained and limited Adding thereto in the second part For all Archbishops and Bishops and for the whole Clergy of this Realm And specially such as the Preacher shall name of his devotion And thirdly for all Dukes Earls Marquess's and for all the whole Temporalty of this Realm and specially for such as the Preacher shall name of devotion And finally for the souls of all them that be dead and specially for such as it shall please the Preacher to name So far the very words of the Injunction as it relates unto the business now in hand which differs very little if at all in Form and fashion though there be some difference in the matter from those which followed in the Reign of K. Edward VI. and Q. Eliz. both of which out of question took their hint from hence Besides it is to be observed that the said King having assumed unto himself the stile and Title of supreme Head of the Church of England as before is said did before this by Proclamation dated June 9. An. 1534. declare and signifie his Royal pleasure that all and all manner of Ecclesiastical persons should teach preach publish and declare in all manner of Churches the said his just Title Stile and Jurisdiction on every Sunday and high Feast throughout the year which after was enjoyned in the Injunction of the year Anno 1536 set out by the Lord Cromwell being then Vicar General with the Kings authority As also in the Injunctions of King Edward the 6. An. 1547. which again was revived in the Queens Injunctions Anno 1559. As after in the first Convocation of King James in the year 1603. And besides this it was appointed in the said Injunctions of King Henry the 8. that the Preacher or Parochial Priest should every Sunday in the Pulpit rehearse distinctly the Lords prayer the Articles of the Creed and the ten Commandments in the English Tongue for the better instructing of the people in their duties both to God and Man which being ordered at the same time as the bidding of the Beads in the Forni spoken of before was first enjoyned shews plainly the intention and effect of both to be no other than to instruct the people in the principles of faith and piety So that as well to teach the people how to pray and what things they chiefly were to pray for in the publick meeting as to make known unto them the Kings just Title by which they were to recommend him in their devotions the Form before remembred of Bidding prayers or Beads was prescribed the Priests by them to be proposed unto the people in their several Sermons For instance of the which in point of practice in the said Kings time we need but look upon a Sermon of Bishop Latimers being that before the Convocation Anno 1536. which was the 28. of King Henries Reign In which being entred on his matter as the use then was he thus bids the prayers That all that I say shall may turn to the glory of God your Souls health and the edifying of Christs Body I pray you all to pray with me unto God and that also in your Petitions you desire that these two things he vouchsase to grant us First a mouth for me to speak rightly next Ears for you that in hearing me you may take profit at my hands and that this may come to effect you shall desire him unto whom our Master Christ bad we should pray saying even the same prayer which Christ himself did Institute Wherein we shall pray for our Sovereign Lord the King chief and supreme Head of the Church of England under Christ and for the most excellent gracious and vertuous Lady Queen Jane his most lawful Wife and for all his whether they be of the Clergy or Laity whether they be of the Nobility or else other his Grace's Subjects humbly beseeching Almighty God that every one of us even from the highest to the lowest may in his degree and Calling earnestly endeavour to set forth the glory of God and the Gospel of his Son Christ Jesus that so living in his fear and love we may in the end of our days depart out of this life in his friendship and favour For these graces and what else his wisdom knoweth more needful for us let us pray as we are taught saying Our Father c. Put all that hath been said together and the sum is this That if we do interpret the Canon of the year 1603. by the Queens Injunctions and construe both of them according to the Injunctions in King Edwards and King Henries days we shall see plainly that the Form of prayer appointed by the Canon is no new Invention neither obtruded on the Church by the Bishops of these times on a design to stint the Spirit as some now give out or on a like design of Archbishop Bancroft and the Prelates of his time as is said by others but carried and transmitted from hand to hand since the very first beginning of the Reformation nor did it stand thus only in point of Law not being reduced unto practice
Rubr. after the Psal it is appointed in her Rubrick that at the reading of the Lessons the Minister which reads shall stand and turn him so as he may be best heard of all such as be present which shews plainly he was to look another way when he said the Prayers And lest it may be said that the other way was not directly from the people but askew upon them which yet would ill become the Preacher we find it among other things objected by the Puritan faction in Queen Elizabeths time not only that the Ministers did say some part of Divine Service within the Chancel where he must needs look askew upon them but that at other times his face was turned away from them altogether whereof see Hooker l. 5. Sect. 30. which makes me wonder by the way that all or most part of our Reading-pews should be of late so placed that contrary both to the Churches Order and the antient practice the Minister when he readeth the Prayers looks downwards towards the lower end of the Church and not unto the East as he ought to do so then the Preacher in the Pulpit turning himself unto the people and making himself the object of their Eyes as he of their attentions cannot be thought to pray to God but if he pray at all to the people rather and on the other side the Form of Bidding prayers being by way of Exhortation and so purposed doth fit as well the posture of the Preacher as it doth the place Lastly the Form of Bidding prayers stands more with the intention of the Church than that of Invocation because it doth avoid some inconveniences and absurdities which do arise upon the other For first whereas the Church prescribes a set Form of prayer in her publick Liturgy from which it is not lawful for any of her Ministers either to vary or recede she did it principally to avoid all unadvised effusions of gross and undigested prayers as little capable of piety as they are utterly void of Order and this she did upon the reason given in the Milevitan Council viz. lest else through ignorance or want of Care any thing should be uttered contrary to the Rule of Faith ne forte aliquid contra fidem vel per ignorantiam vel per minus studium sit compositum as the Canon hath it But were men suffered to enjoy a liberty of Praying and saying what they listed before their Sermons in vain had the Church bound us to set Forms of prayer in the common Liturgy upon several penalties when men might afterwards run riot how they pleased in their particular prayers before their Sermons without blame or censure And though perhaps in some Churches of the Reformation in which there is no publick Liturgy or set Form of Divine Service to which both Priest and people are obliged to conform themselves it may be lawful for the Preacher to use such prayers both before and after Sermon as the consideration of that great work and the necessities of the people may invite him to yet it is otherwise with us in the Church of England where all these points are carefully provided for in the Book of Common-prayers which in these other Churches are made the Subject of the Preachers Now where some men conceive they obey the Canon in case they pray in that Form or to that effect those who do so conceive it shew in their deeds that they as little care for the effect as for the Form we plainly see by the effects what that effect of theirs would tend to what is the issue of that liberty which most Men have taken too many of that sort who most stand upon it using such passages in their prayers before their Sermons that even their prayers in the Psalmists language are turned into Sin And for the brevity therein required as briefly as conveniently they may they neglect that also and study to spin out their prayers to a tedious length against all convenience Besides whereas the Church intendeth nothing more in her publick Canons than an uniformity in Devotion this leaving men to themselves in such a special part of Gods publick Service as that now is made would bring in a Confusion at the least a Dissonancie and so destroy that blessed Concord which the Church most aims at Both which absurdities or inconveniences call them what you will are happily avoided by that Order of Bidding prayers by the Church intended A third and greater inconvenience than the other two which would and doth arise from that Form of Prayer by way of Invocation is that it doth accuse the publick Liturgy as insufficient and defective For were it thought that the Confession in the Service-book and those particular Prayers Collects Hymns Thanksgivings and Ejaculations which are therein used were either perfect in themselves or acceptable unto God to what end should we add a prayer of our own devising that were to light a Candle before the Sun and therefore they that stand upon it do in effect as much as if a man should say my Friends and Brethren make no account of any thing which you hear from the Common-prayer-book in which is nothing to be found but the voice of Man but hearken unto me and by me what the Churches say to the Spirit or as a Puritan Tradesman once served my old Chamber-fellow Mr. L. D. meeting one time by chance at Dinner my Chamber-fellow being the only Scholar in the Company was requested to say Grace which he did accordingly and having done the Tradesman whom before I spake of lifting up both his hands and whites to Heaven calls upon them saying Dearly beloved Brethren let us praise God better And thereupon began a long Grace of his own conceiving The case is just the same in the present business Nor had those Men who first invented those new Forms of Prayer obtruded them so easily upon the Church but that withal they laboured to persuade weak Men and did persuade them at the last that questionless such prayers were better and more powerful far than any by the Church appointed Now all this fear of bringing down the reputation of the Liturgy and practising to advance our private prayers above the publick are easily avoided by that Bidding of prayers enjoyed by Queen Elizabeth and King Edward VI. and before that in use in the Church of England as doth appear most plainly in King Henries time and therefore questionless it was the meaning of the Canon that it should continue And being it was the meaning of the Canon of them that made it that the said Form of Bidding prayers for avoiding the inconveniences and mischiefs before recited should be still continued the Prelates of the present times have greater reason to see it carefully and duly put in execution by how much the mischiefs and inconveniences arising from neglect thereof and from the liberty which some Men take unto themselves of praying what and how they list in the
the Baise-maine which consists of Offerings Churchings Burials Diriges and such other casualties amounteth to as much per annum as their standing rents Upon which ground Sir Edwin Sandys computeth their Revenue at six millions yearly In Italy besides the temporal Estate of the Popes of Rome the Clergy are conceived to have in some places a third part of the whole but in most a moiety In Spain the certain rents of the Archbishoprick of Toledo are said to be no less than 300000 Crowns per annum which is far more than all the Bishops Deans and Prebendaries do possess in England In Germany the Bishops for the most part are powerful Princes and the Canons of some Churches of so fair an Intrado and of such estimation amongst the people that the Emperours have thought it no disparagement to them to have a Canons place in some of their Churches And as for the Parochial Clergy in these three last Countreys especially in Spain and Italy where the people are more superstitious than they be in Germany there is no question but that the Vailes and Casualties are as beneficial to them as the Baise-main is to the French But here perhaps it will be said that this is nothing unto us of the Realm of England who have shook off the superstitions of the Church of Rome and that our pains is spent but to little purpose unless we can make good our Thesis in the Churches Protestant We must therefore cast about again and first beginning with France as before we did we shall find that those of the Reformed party there not only pay their Tithes to the Beneficiary who is presented by the Patron to the Cure or Title or to the Church or Monastery to which the Tithes are settled by Appropriations but over and above do raise a yearly maintenance for those that minister amongst them Just as the Irish Papists pay their Tithes and duties unto the Protestant Incumbent and yet maintain their own Priests too by their gifts and offerings or as the people in some places with us in England do pay their Tithes unto the Parson or Vicar whom the Law sets over them and raise a contribution also for their Lecturer whom they set over themselves In other Countreys where the Supream Governours are Reformed or Protestant the case is somewhat better with the common people although not generally so easie as with us in England For there the Tithes are taken up by the Prince or State and yearly pensions assigned out of them to maintain the Ministers which for the most part are so small and so far short of a Competency though by that name they love to call it that the Subject having paid his Tithes to the Prince or State is fain to add something out of his purse towards the mending of the Stipend Besides there being for the most part in every Church two distinct sorts of Ministers that is to say a Pastor who hath Cure of souls and performs all Ministerial offices in his Congregation and a Doctor like our English Lecturers which took hint from hence who only medleth with the Word The Pastor only hath his Stipend from the publick treasury the Doctor being maintained wholly as I am credibly informed at the charge of the people and that not only by the bounty or benevolence of Landed men but in the way of Contribution from which no sort of people of what rank soever but such as live on Alms or the poor Mans box is to be exempted But this is only in the Churches of Calvins platform those of the Lutheran party in Denmark Swethland and high Germany having their Tithes and Glebe as they had before and so much more in Offerings than with us in England by how much they come nearer to the Church of Rome both in their practice and opinions especially in the point of the holy Sacrament than the English do And as for our dear Brethren of the Kirk of Scotland who cannot be so soon forgotten by a true born English man the Tithes being setled for the most part on Religious houses came in their fall unto the Crown and out of them a third was granted to maintain their Minister but also ill paid while the Tithes remained in the Crown and worse than alienated to the use of private Gentlemen that the greatest part of the burden for support of the Ministry lay in the way of contribution on the backs of the people And as one ill example doth beget another such Lords and Gentlemen as had right to present to Churches following the steps of those who held the Tithes from the Crown soon made Lay-fees of all the Tithes of their own demesnes and left the Presentee such a sorry pittance as made him burthensome to his Neighbours for his better maintenance How it stands with them now since these late alterations those who have took the National Covenant and I presume are well acquainted with the Discipline and estate of the Scottish Kirk which they have bound themselves to defend and keep are better able to resolve us And so much for the proof of the first proposition namely That never any Clergy in in the Church of God hath been or is maintained with less charge of the Subject than the established Clergy of the Church of England And yet the proof hereof will be more convincing if we can bring good evidence for the second also which is II. That there is no man in the Kingdom of England who payeth any thing of his own towards the maintenance and support of his Parish Minister but his Easter-Offering And that is a Paradox indeed will the Reader say Is it not visible to the eye that the Clergy have the tenth part of our Corn and Cattel and of other the increase and fruits of the Earth Do not the people give them the tenth part of their Estates saith one of my Pamphlets Have they not all their livelihoods out of our purses saith another of them Assuredly neither so nor so All that the Clergy doth receive from the purse of the Subject for all the pains he takes amongst them is two pence at Easter He claims no more than this as due unless the custom of the place as I think in some parts it is bring it up to six pence If any thing be given him over this by some bountiful hand he takes it for a favour and is thankful for it Such profits as come in by Marriages Churchings and Funeral-Sermons as they are generally small and but accidental so he is bound unto some special service and attendance for it His constant standing fee which properly may be said to come out of the Subjects Purse for the administration of the Word and Sacraments is nothing but the Easter-offering The Tithes are legally his own not given unto him by the Subject as is now pretended but paid unto him as a Rent-charge laid upon the Land and that before the Subject either Lord or Tenant
had any thing to do in the Land at all For as I am informed by Sir Edward Coke in his Comment upon Littletons Tenures lib. 1. cap. 9. Sect. 73. fol. 58. It appeareth by the Laws and Ordinances of ancient Kings and especially of King Alfred that the first King of this Realm had all the lands of England in Demesne and les grands manours royalties they reserved to themselves and with the remnant they for the defence of the Realm enfeoffed the Barons of the Realm with such jurisdiction as the Court Baron now hath So he the professed Champion of the Common Laws And at this time it was when all the Lands in England were the Kings Demesne that Ethelwolph the second Monarch of the Saxon race his father Egbert being the first which brought the former Heptarchie under one sole Prince conferred the Tithes of all the Kingdom upon the Church by his royal Charter Of which thus Ingulph Abbot of Crowland an old Saxon Writer a Anno 855. Rex Ethelwulfus omnium Praelatorum Principum suorum qui sub ipso variis Provinciis totius Angliae praeerant gratuito Consensu tunc primo cum decimis terrarum bonorum aliorum sive catallorum universam dotavit Ecclesiam per suum Regium Chirographum Ingulph Anno 855. which was the 18. of his Reign King Ethelwulph with the consent of his Prelates and Princes which ruled in England under him in their several Provinces did first enrich the Church of England with the Tithes of all his Lands and Goods by his Charter Royal. Ethelward an old Saxon and of the blood Royal doth express it thus b Decimavit de omni possessione sua in partem Domini in universo regimine Principatus sui sic constituit Ethelward He gave the Tithe of his possessions for the Lords own portion and ordered it to be so in all the parts of the Kingdom under his command Florence of Worcester in these words c Aethelwulphus Rex decimam totius Regni sui partem ab omni Regali servitio tributo liberavit in sempiterno Graphio in Cruce Christi pro Redemptione Animae suae Praedecessorum suorum uni trino Deo immolavit Florent Wigorn. King Ethelwolfe for the Redemption of his own soul and the souls of his Predecessors discharged the tenth part of his Realm of all Tributes and Services due unto the Crown and by his perpetual Charter signed with the sign of the Cross offered it to the three-one God Roger of Hovenden hath it in the self same words and Huntingdon more briefly thus d Totam terram suam propter amorem Dei Redemptionem ad opes Ecclesiarum decimavit Henr. Huntingd. That for the love of God and the redemption of his soul he tithed his whole Dominions to the use of the Church But what need search be made into so many Authors when the Charter it self is extant in old Abbot Ingulph and in Matthew of Westminster and in the Leiger Book of the Abbey of Abingdon which Charter being offered by the King on the Altar at Winchester in the presence of his Barons was received by the Bishops and by them sent to be published in all the Churches of their several Diocesses a clause being added by the King saith the Book of Abingdon That whosoever added to the gift e Qui augere voluerit nostram donationem augeat omnipotens Deus dies ejus prosperos siquis vero mutare vel minuere praesumpserit noscat se ad Tribunal Christi redditurum rationem nisi prius satisfactione emendaverit God would please to prosper and increase his days but that if any did presume to diminish the same he should be called to an account for it at Christs Judgment-seat unless he made amends by full satisfaction In which as in some other of the former passages as there is somewhat savouring of the errour of those darker times touching the merit of good works yet the authorities are strong and most convincing for confirmation of the point which we have in hand Now that the King charged all the Lands of the Kingdom with the payment of Tithes and not that only which he held in his own possession is evident both by that which was said before from Sir Edward Coke and by the several passages of the former Authors For if all the Lands in the Kingdom were the Kings Demesnes and the King conferred the Tithes of all his Lands on the Church of God it must follow thereupon that all the Lands of the Realm were charged with Tithes before they were distributed amongst the Barons for defence of the Kingdom And that the Lands of the whole Realm were thus charged with Tithes as well that which was parted in the hands of Tenants as that which was in the occupancy of the King himself the words before alledged do most plainly evidence where it is said that he gave the tenth of all his Lands as Ingulph the Tithe of his whole Land as Henry of Huntingdon the tenth part of his whole Kingdom as in Florence of Worcester the tenth part of the Lands throughout the Kingdom in the Charter it self And finally in the Book of Abingdon the Charter is ushered in with this following Title viz. Quomodo Ethelwolfus Rex dedit decimam partem regni sui Ecclesiis that is to say how Ethelwolf gave unto the Church the tenth part of his Kingdom This makes it evident that the King did not only give de facto the Tithe or the tenth part of his whole Realm to the use of the Clergy but that he had a right and a power to do it as being not only the Lord Paramount but the Proprietary of the whole Lands the Lords and great Men of the Realm not having then a property or estates of permanency but as accomptants to the King whose the whole land was And though it seems by Ingulph their consents were asked and that they gave a free consent to the Kings Donation yet was this but a matter of Form and not simply necessary their approbation and consent being only asked either because the King was not willing to do any thing to the disherison of his Crown without the liking and consent of the Peers or that having their consent and approbation they should be barred from pleading any Tenant-right and be obliged to stand in maintenance and defence thereof against all pretenders And this appears yet further by a Law of King Athelstanes made in the year 930 about which time not only the Prelates of the Church as formerly but the great Men of the Realm began to be setled in Estates of permanency and to claim a property in those Lands which they held of the Crown and claiming so begun it seems to make bold to subduct their Tithes For remedy whereof the King made this Law commanding all his Ministers throughout the Kingdom that in the first place they should pay the Tithes
bring greater trouble to the Clergy than is yet considered and far less profit to the Countrey than is now pretended which is the third and last of my Propositions and is I hope sufficiently and fully proved or at the least made probable if not demonstrative I have said nothing in this Tract of the right of Tithes or on what motive or considerations of preceding claim the Kings of England did confer them upon the Clergy Contenting my self at this time with the matter of fact as namely that they were setled on the Church by the Kings of this Realm before they granted out Estates to the Lords and Gentry and that the Land thus charged with the payment of Tithes they passed from one man to another Ante Concilium Lateranense bene toterant Laici decimas sibi in feudum retinere vel aliis quibuscunque Ecclesiis dare Lindw in Provinc cap. de decimis until it came unto the hands of the present Occupant which cuts off all that claim or title which the mispersuaded subject can pretend unto them I know it cannot be denied but that notwithstanding the said Grants and Charters of those ancient Kings many of the great men of the Realm and some also of the inferiour Gentry possessed of Manours before the Lateran Council did either keep their Tithes in their own hands or make Infeodations of them to Religious houses or give them to such Priests or Parishes as they best affected But after the decree of Pope Innocent the third which you may find at large in Sir Edw. Cokes Comment upon Magna Charta and other old Statutes of this Realm in the Chapter of Tithes had been confirmed in that Council Anno 1215 and incorporated into the Canons and conclusions of it the payment of them to the Minister or Parochial Priest came to be setled universally over all the Kingdom save that the Templars the Hospitalers and Monks of Cisteaux held their ancient priviledges of being excepted for those Lands which they held in Occupancy from this general rule Nor have I said any thing of Impropriations partly because I am persuaded that the Lords and Gentry who have their Votes or Friends in Parliament will look well enough to the saving of their own stakes but principally because coming from the same original grant from the King to the Subjects and by them setled upon Monasteries and Religious houses they fell in the ruine of those houses to the Crown again as of due right the Tithes should do if they be taken from the Clergy and by the Crown were alienated in due form of Law and came by many mean conveyances to the present Owners Onely I shall desire that the Lords and Commons would take a special care of the Churches Patrimony for fear lest that the prevalency of this evil humour which gapes so greedily after the Clergies Tithes do in the end devour theirs also And it concerns them also in relation to their right of Patronage which if this plot go on will be utterly lost and Churches will no longer be presentative at the choice of the Patron but either made Elective at the will of the People or else Collated by the Trustees of the several Counties succeeding as they do in the power of Bishops as now Committee-men dispose of the preferments of the Sequestred Clergy If either by their power and wisdom or by the Arguments and Reasons which are here produced the peoples eyes are opened to discern the truth and that they be deceived no longer by this popular errour it is all I aim at who have no other ends herein but only to undeceive them in this point of Tithes which hath been represented to them as a publick grievance conducing manifestly to the diminution of theâ—â— gain and profit If notwithstanding all this care for their information they will run headlong in the ways of spoil and sacrilege and shut their eyes against the light of the truth shine it never so brightly let them take heed they fall not into that â—â—â—â—tuation which the Scripture denounceth that seeing they shall see but shall not perceive and that the stealing of this Coal from the Altars of God burn not down their Houses And so I shut up this discourse with the words of our Saviour saying that no man tasteth new wine but presently he saith that the old is better ECCLESIA VINDICATA OR THE Church of England VINDICATED PART II. Containing the Defence thereof V. In retaining the Episcopal Government AND VI. The Canonical Ordination of Priests and Deacons Framed and Exhibited in an HISTORY of EPISCOPACY By PETER HEYLYN D. D. HEB. XIII 17. Obedite Praepositis vestris subjacete eis Ipsi enim pervigilant quasi rationem pro Animabus vestris reddituri ut cum gaudio hoc faciant non gementes CYPRIAN Epist LXV Apostolos id est EPISCOPOS Praepositos Dominus elegit Diaconos autem post Ascensum Domini in coelos Apostoli sibi constituerunt Episcopatus sui Ecclesiae Ministros LONDON Printed by M. Clark to be sold by C. Harper 1681. THE PREFACE TO THE READER THE Quarrels and Disputes about Episcopacy had reposed a while when they broke out more dangerously than in former times In order whereunto the people must be put in fear of some dark design to bring in Popery the Bishops generally defamed as the principal Agents the regular and establisht Clergy traduc'd as the subservient Instruments do drive on the Plot Their actings in Gods publick Worship charged for Innovations their persons made the Common subjects of reproach and calumny The News from Ipswich Bastwicks Let any and the Seditious Pamphlets from Friday-street with other the like products of those times what were they but Tentamenta Bellorum Civilium preparatory Velitations to that grand encounter in which they were resolved to assault the Calling The Calling could not be attempted with more hopes of Victory than when it had received such wide wounds through the sides of those persons who principally were concerned in the safety or defence thereof The way thus opened and the Scots entring with an Army to make good the pass the Smectymnuans come upon the Stage addressing their discourse in Answer to a Book called An Humble Remonstrance to the Lords and Commons in Parliament Assembled Anno 1640. amongst whom they were sure beforehand of a powerful party to advance the Cause which made them far more confident of their good suocess than otherwise they had reason to expect in a time less favourable And in this Confidence they quarrelled not the Rocket or the Officers Fees the Oath ex officio the Vote in Parliament or the exorbitant jurisdiction of the High-Commission at which old Martin and his followers clamoured in Queen Elizabeths time Non gaudet tenui sanguine tanta sitis Their stomach was too great to be satisfied with so small a sacrifice as the excrescences and adjuncts of Episcopacy which seemed most offensive to their Predecessors
with them in these sacred Actions are by him said Id. ibid. paulo post to break the concord of the Church and destroy her Order and consequently are worthy of a greater punishment than he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which doth rebel against his King Never did Advocate for his see plead a cause more throughly So throughly that I dare take up the Conclusion of that blessed Martyr Id. ad Tarsens 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 My Soul for theirs who carefully observe this Order and keep themselves unto the Rules which are here prescribed Now that which by Ignatius is laid down before us as to the ministration of the Sacrament by the Bishop in way of observation or direction the same we find in Justin Martyr who lived about the middle of this second Century exemplified and represented in the way of Practice For shewing how a Convert was to be admitted in the Congregation and that he was received with Common Prayers both for himself Justin Mart. in Apolog. 2. and for the holy Catholick Church he doth thus proceed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Prayers being done we salute one another with an holy kiss Then do we offer Bread and Wine mixt with Water 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the President or Ruler of the brethren which he receiving presenteth to the Father of all by the name of the Son and holy Ghost the sacrifice of praise and glory rendring immortal thanks unto him in that he hath vouchsafed those his gifts unto us who having offered this oblation of Prayer and Thanksgiving the Congregation present say Amen The President or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 having done his part in celebrating of the Eucharist and the People crowning his performance with their best Devotions 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 those who by us are called Ministers or Deacons for both these words the Latin useth distribute unto every one there present a portion of the blessed bread and wine mixt with water that he may communicate thereof and also carry part thereof unto such as are absent Which aliment being thus consecrated and received we call the Eucharist and is delivered unto none but such as do believe our doctrine and have been washed in the laver of Regeneration And not long after making a description of their Assemblies on the Sunday he first relates that the Commentaries of the Apostles and writings of the Prophets as much as the time will suffer are read before them Then addeth that the Reader having done 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. the President or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 makes a Sermon wherein he doth instruct the People in the performance of those excellent things which are contained in the same Which done we all arise and make our Prayers unto the Lord and then the Bread and Wine and Water as before is offered the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 proceeding to the Eucharist according to the manner formerly described Here then we have the celebration of the Eucharist and the Preaching of Gods holy Word performed ordinarily by the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or President of the Congregation but what this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 should be is the point in question For resolution of which doubt it is clear and evident that by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 anciently was meant the Bishop as may appear by that of Eusebius calling Publius Bishop of Athens by this name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as he stiles him there Euseb hist Ec. l. 4. c. 22. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and so in other places and in other Writers Nor do I find that it was any way applyed to inferiour Presbyters till after the division of the Church into several Parishes not in some Cities only but in all parts else after which times the Presbyters or Ministers of Parochial Churches having cure of Souls by and from the Bishop and having got the name of Rectors came to be called in some Writers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 also as we shall see hereafter in its proper place But what need any of the Ancients come in for evidence when as the matter is confessed by those who were the greatest adversaries of Episcopacy For Beza making Timothy whom we have proved sufficiently to have been a Bishop to be the President or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the Ephesine Presbytery and such a President or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ut Justinus vocat Beza Annot. in Tim. 5.19 as Justin Martyr speaks of in the present place it must needs be that Justin Martyrs President or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was a Bishop also as Timothy is proved to be Which if it be not clear enough we have a second that speaks plainer and he the greatest Champion of the adverse Party which had the honour to be bred in the Church of England Cartwright I mean Cited by Bish Downham in his defence l. 4. c. 1. sect 17. who tells us with great grief no question that even in Justins time there began to peep out something which went from the simplicity of the Gospel as that the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which was common to the Elders with the Ministers of the Word was it seemeth appropriated unto one So that by the confession of the Adversaries to Episcopal Government we have gained thus much that the administration of the Sacrament of the blessed Eucharist did properly and in chief belong unto the Bishop as was affirmed by Ignatius and proved in point of practice out of Justin Martyr And so much for the first half of the second Century what is presented to us in the other half we are next to see CHAP. II. The setling of Episcopacy together with the Gospel in the Isle of Britain by Pope Eleutherius 1. What Bishops Egesippus met with in his Peregrination and what he testifieth of them 2. Of Dionysius Bishop of Corinth and of the Bishops by him mentioned 3. How Bishops came to be ordained where none were left by the Apostles 4. The setling of the Gospel in the Isle of Britain by Pope Eleutherius 5. Of the Condition of the Church of Britain from the first preaching of the Gospel there till the time of Lucius 6. That Lucius was a King in those parts of Britain which we now call England 7. Of the Episcopal Sees here founded by King Lucius at that time 8. Touching the Flamines and Arch-flamines which those stories speak of 9. What is most like to be the reason of the number of the Archbishopricks and Bishopricks here of old established 10. Of the Successors which the Bishops of this Ordination are found to have on true Record 11. Which of the British Metropolitans was anciently the Primate of that Nation AMongst those several Writers of the Primitive times out of whose works Eusebius collected his materials for the composing of the Ecclesiastical History which we still enjoy one of the antientest was Egesippus one that took great pains in the self-same kind Euseb Hist
going a Journey this may be allowed of in case they permit not Mass and Prayers This I find extant as a Canon of the 6. General Council holden in Constantinople but since both this and all the rest of the same stamp there are nine in all are thought not to belong of right unto it I have chosen rather to rafer it to this Theodulphus though a private man amongst whose works I find it in the great Bibliotheca Patrum Tom. 9. Thus in a Synod held at Coy within the Realm and Diocess of Oviedo Anno 1050. it was decreed that all men should repair to Church on the Lords day and there hear Mattins Mass and other the canonical hours as also Opus servile non exerceant nec sectentur itinera that they should do no servile work Tit. 6. nor take any Journey Yet with exceptions four or five namely unless it were for Devotions sake or to bury the Dead or to visit the Sick or finally pro secreto regis Saracenorum impetu on special business of the Kings or to make head against the Saracens The King was much beholden to them that they would take such care of his State Affairs more than some Princes might be now in case their business were at the disposing of particular men So had it been decreed by several Emperours yea and by several Councils too which for the East pars was confirmed by Emanuel Comneus the Eastern Emperiour Anno 1174. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that all access to the Tribunal should be quite shut up that none of those who sat in Judgment should sit on any Cause that day Yet this not absolutely but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. unless the King shall please on any new emergent cause as many times business comes unlooked for to appoint it otherwise Thus also for the works of labour fishing had been resirained on the Lords day as toilsom Act and on he other Holy days as well as that yet did it please Pope Alexander the third he entred on the Chair of Rome Decretal l. 2. tit 9. c 3. Anno 1160. to order by his decretal that on the Lords day and the rest it might be lawful unto those who dwelt upon the Coast Si halecia terrae inclinarint eorum captioni ingruente necessitate intendere to set themselves unto their fishing in case the Herring came within their reach and the time was seasonable Provided that they sent a convenient portion unto the Churches round about them and unto the poor Nay even the works of Handicrafts were in some sort suffered For whereas in the Council of Laodicea it was determined that men should rest on the Lords day 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from all their handy work and repair to Church Balsamon tells us in his Glass In Can. 29. concil Laod. that so it was resolved amongst them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not absolutely but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if with conveniency they could For still saith he he lived in Anno 1191 in case men labour on that day 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 either because of want or any other necessity they are held excusable Lastly Chronic. Aditâ—i whereas Pope Gregory the ninth had on the Sundays and the Holy days commanded ut homines jumenta omnia quiescant that there should be a general restraint from labour both of man and beast there was a refervation also nisi urgens necessitas instet vel nisi pauperibus vel Ecclesiae gratis fiat unless on great necessity or some good Office to be done unto the poor or to the Church Nor were there reservations and exceptions only in point of business and nothing found in point of practice but there are many passages especially of the greatest persons and most publick actions left upon Record to let us know what liberty that assumed unto themselves as well on this day as the rest And in such only shall I instance and as being most exemplary and therefore most conducing to my present purpose Aventine Hist l. 3. And first we read of a great Battel fought on Palm-Sunday An. 718. between Charles Martel Grand master of the Houshold of the King of France and Hilpericus the King himself wherein the Victory fell to Charles and yet we read not there of any great necessity nay of none at all but that they might on both sides have deferred the Battel had they conceived it any sin to fight that day Upon the Sunday before Lent Anno 835. Ludovick the Emperour â—urnamed Pius or the godly together with his Prelates and others Baron which had been present with him at the Assembly held at Theonville went on his Journey unto Mets nor do we find that it did derogate at all from his Name and Piety Upon the Sunday after Whitsontide Anno 844. Ludowick Son unto Lotharius the Emperour made his solemn entrance into Rome the Roman Citizens attending him with their Flaggs and Ensigns the Pope and Clergy staying his coming in St. Peters Church there to entertain him Upon a Sunday Anno 1014. Ditmarus Hist l. 7. Otho Frising hist l. 6. c. 29. Henry the Emperour duodecim senatoribus vallatus environed with twelve of the Roman Senatours came to St. Peters Church and there was crowned together with his Wife by the Pope then being On Easter day in ipsa die paschalis solennitatis Anno 1027. Conrade the Emperour was solemnly inaugurated by Pope John Canutus King of England and Rodalph King of the Burgundians being then both present and the next Sunday after began his Journey towards Germany Upon Palm Sunday Anno 1084. Wibert Archbishop of Ravenna was solemnly inthronized in the Chair of Rome â—â—spergen Chronicon and the next Sunday after being Easter day Henry the third Imperiali dignitate sublimatus est was crowned Emperour On Passion Sunday Anno 1148. Lewis the King of France afterwards Canonized for a Saint made his first entry into Hierusalem with all his Army and yet we read not any where that it was laid in Bar against him to put by his Sainting as possibly it might be now were it yet to do What should I speak of Councils on this day assembled as that of Chartres Anno 1146. for the recovery of the Holy land of Tours on Trinity Sunday as we call it now Anno 1164. against Octavian the Pseudo-Pope that of Ferrara upon Passion Sunday Anno 1177. against Frederick the Emperour or that of Paris Anno 1226. summoned by Stephen then Bishop there on the fourth Sunday in Lent for the condemning of certain dangerous and erronious positions at that time on foot I have the rather instanced in these particulars partly because they hapned about these times when Prince and Prelate were most intent in laying more and more restraints upon their people for the more honour of this day and partly because being all of them publick actions and such as moved not forwards but by divers wheels they did require
as well upon the Saturday as upon the Sunday it is now time we turned our course and set sail for England where we shall find as little of it as in other places until that forty years ago no more some men began to introduce a Sabbath thereunto in hope thereby to countenance and advance their other projects CHAP. VII In what estate the Lords day stood in this Isle of Brittain from the first Planting of Religion to the Reformation 1. What doth occur about the Lords day and the other Festivals amongst the Churches of the Brittains 2. Of the estate of the Lords day and the other Holy-days in the Saxon Heptarchy 3. The honours done unto the Sunday and the other Holy-days by the Saxon Monarchs 4. Of the publick actions Civil Ecclesiastical mixt and Military done on the Lords day under the first six Norman Kings 5. New Sabbath Doctrins broached in England in King Johns Reign and the miraculous original of the same 6. The prosecution of the former story and ill success therein of the undertakers 7. Restraint of worldly business on the Lords day and the other Holy-days admitted in those times in Scotland 8. Restraint of certain servile works on Sundays Holy-days and the Wakes concluded in the Council of Oxon under Henry III. 9. Husbandry and Legal process prohibited on the Lords day first in the Reign of Edward III. 10. Selling of Wools on the Lords day and the solemn Feasts forbidden first by the said King Edward as after Fairs and Markets generally by King Henry VI. 11. The Cordwainers of London restrained from selling their Wares on the Lords day and some other Festivals by King Edward IV. and the repealing of that Act by King Henry VIII 12. In what estate the Lords day stood both for the doctrine and the practice in the beginning of the Reign of the said King Henry AND now at last we are for England that we may see what hath been done amongst our selves in this particular and thereby be the better lessoned what we are to do For as before I noted the Canons of particular Churches and Edicts of particular Princes though they sufficiently declare both what their practice and opinion was in the present point yet are no general rule nor prescript to others which lived not in the compass of their Authority Nor can they further bind us as was then observed than as they have been since admitted into our Church or State either by adding them unto the body of our Canon or imitating them in the composition of our Acts and Statutes Only the Decretals of the Popes the body of their Canon Law is to be excepted which being made for the direction and reiglement of the Church in general were by degrees admitted and obeyed in these parts of Christendome and are by Act of Parliament so far still in force as they oppose not the Prerogative Royal or the municipal Laws and Statutes of this Realm of England Now that we may the better see how it hath been adjudged of here and what hath been decreed ordome touching the Lords day and the other Holy-days we will ascend as high as possibly we can even to the Church and Empire of the Brittains Of them indeed we find not much and that delivered in as little it being said of them by Beda Hist l. 1. c. 8. that in the time of Constantine they did dies festos celebrare observe those Holy-days which were then in use which as before we said were Easter Whitsontide the Feasts of Christs Nativity and his Incarnation every year together with the Lords day weekly And yet it may be thought that in those times the Lords day was not here of any great account in that they kept the Feast of Easter after the fashion of the Churches in the Eastern parts decima quarta luna on what day of the week soever which certainly they had not done had the Lords day obtained amongst them that esteem which generally it had found in the Western Churches And howsoever a late writer of Ecclesiastical History endeavour to acquit the Brittains of these first Ages from the erroneous observation of that Feast Brought hist l. 4. c. 13. and make them therein followers of the Church of Rome yet I conceive not that his proofs come home to make good his purpose For where it is his purpose to prove by computation that that erroneous observation came not in amongst the Brittains till 30 years before the entrance of S. Austin and his associates into this Island and for that end hath brought a passage out of Beda touching the continuance of that custom It 's plain that Beda speaks not of the Brittish but the Scottish Christians Permansit autem apud eos the Scottish-Irish Christians as himself confesseth hujusmodi observantia Paschalis tempore non pauco hoc est usque ad annum Domini 717. per annos 150. which was as he computes it somewhat near the point but 30 years before the entrance of that Austin Now for the Scots it is apparent that they received not the faith till the year of Christ 430 not to say any thing of the time wherein they first set footing in this Island which was not very long before and probably might about that time of which Beda speaks receive the custom of keeping Easter from the Brittains who were next neighbours to them and a long time lived mingled with them But for the Brittains it is most certain that they had longer been accustomed to that observation though for the time thereof whether it came in with the first plantation of the Gospel here we will not contend as not pertaining to the business which we have in hand Suffice it that the Brittains anciently were observant of those publick Festivals which had been generally entertained in the Church of God though for the time of celebrating the Feast of Easter they might adhere more unto one Church than unto another As for the Canon of the Council of Nice Anno 198. which is there alledged Baronius rightly hath observed out of Athanasius that notwithstaning both the Canon and the Emperours Edicts thereupon tamen etiam postea Syros Cilices Mesopotamios in eodem errore permansisse the Syrians Cilicians and Mesopotamians continued in their former errours And why not then the Brittains which lay farther off as well as those that dwelt so near the then Regal City Proceed we next unto the Saxons who as they first received the faith from the Church of Rome so did they therewithal receive such institutions as were at that time generally entertained in the Roman Church the celebration of the Lords day and the other Festivals which were allowed of and observed when Gregory the Great attained the Popedom And here to take things as they lie in order we must begin with a narration concerning Westminster which for the prettiness of the story I will here insert Sebert the first Christian King of the East Saxons
to slaves and such as were in service unto other men viz. the twelve days after Christs Nativity dies ille quo Christus subegit diabolum the day wherein our Saviour overcame the Devil the Festival of Saint Gregory seven days before Easter and as many after the Festival day of Saint Peter and Paul the week before our Lady day in Harvest All Hallowtide and the four Wednesdays in the Ember-weeks Where note how many other days were priviledged in the self-same manner as the Lords day was in case that be the day then spoken of wherein our Saviour overcame the Devil as I think it is as also that this priviledg extended unto Freemen only servants and bondmen being left in the same condition as before they were to spend all days alike in their Masters businesses This Alured began his Reign Anno 871. and after him succeeded Edward surnamed the Elder in the year 900. who in a league between himself and Gunthrun King of the Danes in England did publickly on both sides prohibit as well all markettings on the Sunday as other kind of work whatsoever on the other Holy days Dacus si die Dominico quicquam fuerit mercatus reipsa Oris praeterea 12 mulctator Anglus 30 solidos numerato c. If a Dane bought any thing on the Lords day he was to forfeit the thing bought and to pay 12 Oras every Ora being the fifteenth part of a pound an Englishman doing the like to pay 30 shillings A Freeman if he did any work die quocunque festo on any of the Holy days was forthwith to be made a Bondman or to redeem himself with Money a Bondslave to be beaten for it or redeem his beating with his Purse The Master also whether that he were Englishman or Dane if he compelled his servants to work on any of the Holy days was to answer for it So when it had been generally received in other places to begin the Sunday-service on the Eve before it was enacted by King Edgar surnamed the Peaceable who began his Reign An. 959. diem Sabbati ab ipsa die Saturni hora pomeridiana tertia usque in lunaris diei diluculum festum agitari that the Sabbath should begin on Saturday at three of the clock in the afternoon and not as Fox relates it in his Acts and Monuments at nine in the morning and so hold on till day break on Monday Where by the way though it be dies Sabbati in the Latin yet in the Saxon Copy it is only Healde the Holy day After this Edgars death the Danes so plagued this Realm that there was nothing setled in it either in Church or State till finally they had won the Garland and obteined the Kingdom The first of these Canutus an heroick Prince of whom it is affirmed by Malmesbury omnes leges ab antiquis regibus maxime sub Etheldredo latas that he commanded all those Laws to be observed which had been made by any of the former Kings and those before remembred amongst the rest of which see the 42. of his Constitutions especially by Etheldred his predecessour and that upon a grievous mulct to be laid on such who should disobey them These are the Laws which afterwards were called K. Edwards non quòd ille statuerit sed quòd observarit not because he enacted them but that he caused them to be kept Of these more anon Besides which Laws so brought together there were some others made at Winchester by this King Canutus and amongst others this that on the Lords day there should be no markettings no Courts or publick meetings of the people for civil businesses Leg. 14.15 as also that all men abstein from Hunting and from all kind of earthly work Yet was there an exception too nisi flagitante necessitate in cases of necessity wherein it was permitted both to buy and sell and for the people to meet together in their Courts For so it passeth in the Law Die Dominico mercata concelebrari populive conventus agi nisi flagitante necessitate planissime vetamus ipso praeterea die sacrosancto à venatione opere terreno prorsus omni quisque abstineto Not that it is to be supposed as some would have it that he intended Sunday for a Sabbath day for entring on the Crown A. 1017. he did no more than what had formerly been enacted by Charles the Great and several Councils after him Lib. 6. c. 29. none of which dreamed of any Sabbath Besides it is affirmed of this Canutus by Otho Frisingensis that in the year 1027. he did accompany the Emperor Conrade at his Coronation on an Easter day which questionless he would not have done knowing those kind of Pomps to be meerly civil and to have in them much of ostentation had he intended any Sabbath when he restrained some works on Sunday But to make sure work of it without more ado the Laws by him collected which we call St. Edwards make the matter plain where Sunday hath no other priviledg than the other Feasts and which is more is ranked below them The Law is thus entituled Rog. de Hoveden in Henri◠secundo De temporibus diebus pacis Domini Regis the Text as followeth Ab adventu Domini usque ad octavam Epiphaniae pax Dei Ecclesiae per omne regnum c. From Advent to the Octavei of Epiphanie Let no mans Person be molested nor no Suit be pursued the like from Septuagesima to Low-sunday and so from Holy Thursday to the next Sunday after Whitsontide Item omnibus Sabbatis ab hora nona usque ad diem Lunae c. The like on Saturdays from three in the afternoon until Monday morning as also on the Eves of the Virgin Mary S. John the Baptist all the holy Apostles of such particular Saints whose Festivals are published in the Churches on the Sunday mornings the Eve of All Saints in November from three of the clock till the solemnity be ended As also that no Christian be molested going to Church for his Devotions or returning thence or travelling to the dedication of any new erected Church or to the Synods or any publick Chapter meeting Thus was it with the Lords day as with many others in S. Edwards Laws which after were confirmed and ratified by King Henry the second after they had long been neglected Now go we forwards to the Normans and let us see what care they took about the sanctifying of the Lords day whether they either took or meant it for a Sabbath And first beginning with the Reign of the first six Kings we find them times of action and full of troubles as it doth use to be in unsetled States no Law recorded to be made touching the keeping of this day but many actions of great note to be done upon it These we will rank for orders sake under these five Heads 1. Coronations 2. Synods Ecclesiastical 3. Councils of Estate 4. Civil business and 5.
Battels and Assaults which we shall sum up briefly in their place and time And first for Coronations which as before I said are mixt kind of actions compound of sacred and of civil William surnamed Rufus was crowned at Canterbury by Archbishop Lanfrancke the 25 of Septemb. being Sunday Anno 1087. So was King Stephen the 21 of Decemb. being Sunday too Anno 1135. On Sunday before Christmas day was Henry the second crowned at London by Archbishop Theobald Anno 1155. and on the Sunday before Septuagesima his Daughter Joane was at Palermo crowned Queen of Sicily Of Richard the first it is recorded that hoysing Sail from Barbeflet in Normandy he arrived safely here upon the Sunday before our Lady day in Harvest whence setting towards London there met him his Archbishops Bishops Earls and Barons cum copiosa militum multitudine with a great multitude of Knightly rank by whose advise and Councel he was crowned on a Sunday in September following Anno 1189. and after crowned a second time on his return from Thraldom and the Holy Land Anno 1194. on a Sunday too The Royal and magnificent form of his first Coronation they who list to see may find it most exactly represented in Rog. de Hoveden And last of all King John was first inaugurated Duke of Normandy by Walter Archbishop of Roane the Sunday after Easter day Anno 1200. and on a Sunday after crowned King of England together with Isabel his Queen by Hubert at that time Archbishop of Canterbury For Synods next Anno 1070. A Council was assembled at Winchester by the appointment of King William the first and the consent of Alexander then Pope of Rome for the degrading of Stigand Archbishop of Canterbury and this upon the Sunday next after Easter And we find mention of a Synod called by Richard Archbishop of Canterbury Anno 1175. the Sunday before holy Thursday ad quod concilium venerunt fere omnes Episcopi Abbates Cantuariensis dioeceseos where were assembled almost all the Bishops and Abbots of the whole Province For Councils of Estate there was a solemn meeting called on Trinity Sunday Anno 1143. in which assembled Maud the Empress and all the Lords which held her party where the Ambassadours from Anjou gave up their account and thereupon it was concluded that the Earl of Gloucester should be sent thither to negotiate his Sisters business So in the year 1185 when some Embassadours from the East had offered to King Henry the second the Kingdom of Hierusalem the King designed the first Sunday in Lent for his day of answer Upon which day there met at London the King the Patriarch of Hierusalem the Bishops Abbots Earls and Barons of the Realm of England as also William King of Scotland and his Brother David with the Earls and Barons of the Countrey habito inde cum deliberatione concilio c. and then and there upon mature deliberation it was concluded that though the King accepted not the Title yet he would give his people leave to put themselves into the action and take up the Cross For civil Business of another nature we find it on Record that on the fourth Sunday in Lent next following the same King Henry Knighted his Son John and sent him forthwith into Ireland Knighthood at those times being far more full of ceremony than now it is Which being but a preparation to War and military matters leads us unto such Battels as in these times were fought on Sunday Of which we find it in our Annals that in the year 1142. upon a Sunday being Candlemas day King Stephen was taken prisoner at the battel of Lincoln as also that on Holy-Cross day next after being Sunday too Robert Earl of Gloucester Commander of the adverse force was taken Prisoner at the battel of Winchester So read we that on Sunday the 25th of August Anno 1173. the King of France besieged and forced the Castle of Dole in Brittain belonging to the King of England As also that on Sunday the 26th of Septemb. Anno 1198. King Richard took the Castle of Curceles from the King of France More of the kind might be remembred were not these sufficient to shew how anciently it hath been the use of the Kings of England to create Knights and hold their Councils of estate on the Lords day as now they do Were not the others here remembred sufficient to let us know that our Progenitours did not think so superstitiously of this day as not to come upon the same unto the Crowning of their Kings or the publick Synods of the Church or if need were and their occasions so required it to fight as well on the Lords day as on any other Therefore no Lords day Sabbath hitherto in the Realm of England Not hitherto indeed But in the Age that followed next there were some overtures thereof some strange preparatives to begin one For in the very entrance of the 13th Age Fulco a French Priest and a notable Hypocrite Rog. de Hoteden as our King Richard counted him and the story proves lighted upon a new Sabbatarian fancy which one of his Associates Eustathius Abbat of Flay in Normandy was sent to scatter here in England but finding opposition to his doctrine he went back again the next year after being 1202. he comes better fortified preaching from town to town and from place to place ne quis forum rerum venalium diebus Dominicis exerceret that no man should presume to market on the Lords day Where by the way we may observe that notwithstanding all the Canons and Edicts before remembred in the fifth Chapter of this book and the third Section of this Chapter the English kept their markets on the Lords day as they had done formerly as neither being bound to those which had been made by foreign states or such as being made at home had long before been cut in peeces by the sword of the Norman Conqueror Now for the easier bringing of the people to obey their dictates they had to shew a warrant sent from God himself as they gave it out The title this Mandatum sanctum Dominicae diei quod de coelo venit in Hierusalem c. An holy mandat touching the Lords day which came down from Heaven unto Hierusalem found on S. Simeons Altar in Golgotha where Christ was Crucified for the sins of all the world which lying there three days and as many nights strook with such terrour all that saw it that falling on the ground they besought Gods mercy At last the Patriarch and Akarias the Archbishop of I know not whence ventured to take into their bands that dreadful letter which was written thus Now wipe your eyes and look a while on the Contents which I shall render with as much brevity as the thing requires Ego Dominus qui praecepi vobis ut observaretis diem sanctum Dominicum non custodistis eum c. I am the Lord which hath commanded to keep
holy the Lords day and you have not kept it neither repented of your sins c. I caused Repentance to be preached unto you and you believed not Thent sent I Pagans amongst you c. and because you did not keep the Lords day holy I punished you a while with famine c. Therefore I charge you all that from the ninth hour on the Saturday until Sun rising on the Monday no man presume to do any work but what is good or if he do that he repent him of the same Verily I say and swear unto you by my Seat and Throne and by the Cherubins that keep my seat that if you do not harken to this my Mandat I will no more send to you any other Epistle but I will open the heavens and rain upon you stones and wood and scalding water c. This I avow that you shall die the death for the Lords day and other festivals of my Saints which you have not kept and I will send amongst you Beasts with the heads of Lyons and the hair of Women and the tailes of Camels and they shall eat you and devour you There is a great deal more of this wretched stuff but I am weary of abusing both my pains and patience Only I cannot choose but wish that those who have enlarged their Lords day Sabbath to the same extent would either shew us some such letter or bring us any of the miracles which hereafter follow or otherwise be pleased to lengthen out the Festivals of the Saints in the self same manner as by this goodly Script they are willed to do But to procced the said Eustathius thus furnished and having found but ill success the former year in the Southern parts where he did Angliae Praelatos praedicatione sua molestare disturb the Prelates by his preachings as my Author hath it he went up to York There did he preach his doctrins and absolve such as had offended conditioned that hereafter they did shew more reverence unto the Lords day and the other Holy days doing no servile works upon them nec in diebus Dominicis exercerent forum rerum venalium particularly that on the Lords day they should hold no Markets The people hereunto assented and promised they would neither buy nor sell on the Lords day nisi forte cibum potum praetereuntibus excepting meat and drink to passengers Whereby it seems that notwithstanding all this terrour men were permitted yet to travel on the Lords day as they had occasion This coming to the notice of the King and Council my men were all fetched up such specially qui in diebus Dominicis forum rerum venalium dejecerant which had disturbed the Markets and overthrown the Booths and Merchandize on the Lords day and made to fine unto the King for their misdemeanour Then were they fain to have recourse to pretended miracles A Carpenter making a wooden Pin and a Woman making up her Web both after three on Saturday in the afternoon are suddenly smitten with the Palsey A certain man of Nafferton baking a Cake on Saturday night and keeping part until the morrow no sooner brake it for his breakfast but it gushed out blood A Miller of Wakefield grinding Corn on Saturday after three of the clock instead of Meal found his Bin full of Blood his Mill-wheel standing still of its own accord One or two more there are of the same edition And so I think is that related in the Acts and Monuments out of an old Book entituled de Regibus Angliae which now I am fallen upon these fables shall be joyned with them King Henry the Second saith the story being at Cardiffe in Wales and being to take horse there stood a certain man by him having on him a white Coat and being barefoot who looked upon the King and spake in this wise Good old King John Baptist and Peter straightly charge you that on the Sundays throughout all your Dominions there be no buying or selling nor any other servile business those only except which appertain to the preparation of meat and drink which thing if thou shalt observe whatsoever thing thou takest in hand thou shalt happily finish Adding withal that unless he did these things and amend his life he should hear such news within the twelve-moneth as would make him mourn till his dying day But to conclude what was the issue of all this Hoveden this terrible letter and forged miracles That the Historian tells us with no small regret informing us that notwithstanding all these miracles whereby God did invite the people to observe this day Populus plus timens regiam potestatem quà m divinam the people fearing more the Kings power than Gods returned unto their Marketting as before they did I say that the Historian tells it with no small regret for in that passionate discontent he had said before that inimicus humani generis the Devil envying the proceedings of this holy man so far so possessed the King and the Princes of darkness so he calls the Council that they forthwith proceeded against them who had obeyed him Which makes me think that this Eustathius was a familiar of the Popes sent hither for the introducing of those restraints which had been formerly imposed on most parts of Christendom though here they found no entertainment the Popes had found full well how ill their justlings had succeeded hitherto with the Kings of England of the Norman race and therefore had recourse to their wonted arts by prodigies and miracles to insnare the people and bring them so unto their bent And this I do the rather think because that in the following year Anno 1203. there was a Legate sent from Rome to William King of Scots with several presents and many indulgences Quae quoniam grato accepit animo Hect. Boet. lib. 13. eodem concilio approbante decretum est c. Which he accepting very kindly it pleased him with the approbation of his Parliament at that time assembled to pass a Law that Saturday from twelve at noon should be counted holy and that no man should deal in such worldly businesses as on the Feast-days were forbidden As also that at the sounding of the Bell the People should be busied only about holy actions going to Sermons hearing the Vespers or the Evensong idque usque in diem Lunae facerent and that they should continue thus until Monday morning a penalty being laid on those who should do the contrary So passed it then and in the year 1214 some eleven years after it was enacted in a Parliament at Scone Lex aquarum cap. 16. §. 2. under Alexander the third King of the Scots that none should fish in any waters à die Sabbati post vesperas usque ad diem lunae post ortum solis from Saturday after Evening prayer until Sun-rising on the Munday This after was confirmed in the first Parliament of King James the first and is to this day called the
themselves to prayer and Gods publick service Particularly Fitz-Herbert tells us that no plea shall be holden Quindena Paschae Nat. Brevium fol. 17. 1 Eli◠p. 168. because it is always on the sunday but it shall be holden crastino quindenae paschae on the morrow after So Justice Dyer hath resolved that if a Writ of scire facias out of the Common-pleas bear Test on a Sunday it is an errour because that day is not dies juridicus in Banco And so it is agreed amongst them that on a Fine levied with Proclamations according to the Statute of King Henry VII if any of the Proclamations be made on the Lords day all of them are to be accounted erroneous Acts. But to return unto the Canon where before we left however that Archbishop Langton formerly and Islip at the present time had made these several restraints from all servile labours yet they were far enough from entertaining any Jewish fancy The Canon last remembred that of Simon Islip doth express as much But more particularly and punctually we may find what was the judgment of these times in a full declaration of the same in a Synod at Lambeth what time John Peckham was Archbishop which was in Anno 1280. Lindw l. 1. tit de offic Archipresb It was thus determined Sciendum est quod obligatio ad feriandum in Sabbato legali expiravit omnino c. It is to be understood that all manner of obligation of resting on the legal Sabbath as was required in the Old Testament is utterly expired with the other ceremonies And it is now sufficient in the New Testament to attend Gods service upon the Lords days and the other Holy days ad hoc Ecclesiastica authoritate deputatis appointed by the Church to that end and purpose The manner of sanctifying all which days non est sumendus à superstitione Judaica sed à Canonicis institutis is not to be derived from any Jewish superstition but from the Canons of the Church This was exact and plain enough and this was constantly the doctrine of the Church of England Joannes de Burgo who lived about the end of K. Henry VI. doth almost word for word resolve it so in his Pupilla oculi part 10. c. 11. D. Yet find we not in these restraints that Marketting had been forbidden either on the Lords day or the other Holy days and indeed it was not that came in afterwards by degrees partly by Statutes of the Realm partly by Canons of the Church not till all Nations else had long laid them down For in the 28 of King Edward III. cap 14. it was accorded and established that shewing of Wools shall be made at the Stapie every day of the week except the Sunday and the solemn Feasts in the year This was the first restraint in this kind with us here in England and this gives no more priviledge to the Lords day than the solemn Festivals Antiq. Brit. in Stafford Nor was there more done in it for almost an hundred years not till the time of Henry VI. Anno 1444. what time Archbishop Stafford decreed throughout his Province ut nundina emporia in Ecclesiis aut Coemiteriis diebusque Dominicis atque Festis praeterquam tempore messis non teneantur that Fairs and Markets should no more be kept in Churches and Church-yards or on the Lords days or the other Holy-days except in time of Harvest only If in that time they might be suffered then certainly in themselves they were not unlawful on any other further than as prohibited by the higher powers Now that which the Archbishop had decreed throughout his Province Tabians Chronicle Catworth Lord Mayor of London attempted to exceed within that City For in this year saith Fabian Anno 1444. an Act was made by Authority of the Common Council of London that upon the Sunday should no manner of thing within the franchise of the City be bought or sold neither Victual nor other thing nor no Artificer should bring his Ware unto any man to be worn or occupied that day as Taylers Garments and Cordwayners Shooes and so likewise all other occupations But then it followeth in the story the which Ordinance held but a while enough to shew by the success how ill it doth agree with a Lord Mayor to deal in things about the Sabbath Afterwards in the year 1451. which was the 28 of this Henries Reign it pleased the King in Parliament to ratifie what before was ordered by that Archbishop in this form that followeth 28. H. 6. c. 16. Considering the abominable injuries and effences done to Almigvty God and to his Saints always ayders and finguler affistants in our necessities by the necasion of Fairs and Marhets upon their high and principal Feasts as in the Feast of the Ascension of our Lord. in the day of Corpus Christi in the day of Whitsunday Trinity Sunday and other Sundays as also in the high Feast of the Assumption of our Blessed Lady the day of all Saints and on Good Friday accustomably and miserably holden and used in the Keaim of England c. our Soveraign Lord the King c. hath ordained that all manner of Fairs and Markets on the said principal Feasts and Sundays and Good Friday shall clearly cease from all shewing of any Goods and Merchandises necessary Victual only ercept which yet was more than was allowed in the City-Act upon pain of forfeiture of all the goods aforesaid to the Lord of the franchise or liverty where such goods be or shall be she wed contrary to this Ordinance the four Sundays in Harvest except Which clause or reservation sheweth plainly that the things before prohibited were not esteemed unlawful in themselves as also that this Law was made in confirmation of the former order of the Archbishop as before was said Now on this Law I find two resolutions made by my Lords the Judges First Justice Brian in the 12th of King Edward the fourth declared that no sale made upon a Sunday though in a Fair or Market-overt for Markets as it seemeth were not then quite laid down though by Law prohibited shall be a good sale to alter the property of the goods And Ploydon in the time of Queen Elizabeth was of opinion Daltons Justice cap. 27. that the Lord of any Fair or Market kept upon the Sunday contrary to the Statute may therefore be indicted for the King or Queen either at the Assizes or general Goal delivery or Quarter Sessions within that County If so in case such Lord may be Endicted for any Fair or Market kept upon the sunday as being contrary to the Statute then by the same reason may he be Endicted for any Fair or Market kept on any of the other Holy-days in that Statute mentioned Nor staid it here For in the 1465. which was the fourth year of King Edward IV. it pleased the King in Parliament to Enact as followeth Our Soveraign Lord the
that day and wheresoever Divine service was done that day as in Towns which have always Morning and Evening Prayers they were perceived to resort in greater numbers on that day than on any other to the Church As for King James of happy memory he did not only keep the said great Festivals from his youth as there is said but wished them to be kept by all his Subjects yet without abuse and in his Basilicon Doron published Anno 1598. thus declares himself that without superstition Plays and unlawful Games may be used in May and good Cheer at Christmas Now on the other side as they had quite put down those days which had been dedicated by the Church to Religious Meetings so they appointed others of their own authority For in their Book of Discipline before remembred it was thus decreed viz. That in every notable Town a day besides the Sunday should be appointed weekly for Sermons that during the time of Sermon the day should be kept free from all exercise of labour as well by the Master as by the Servant as also that every day in the said great Towns there be either Sermon or Prayers with reading of the Scriptures So that it seemeth they only were afraid of the name of Holy days and were contented well enough with the thing it self As for the Lords day in that Kingdom I find not that it had attained unto the name or nature of a Sabbath day until that Doctrine had been set on foot amongst us in England For in the Book of Discipline set out as formerly was said in 560. they call it by no other name than Sunday ordaining that upon four Sundays in the year which are therein specified the Sacrament of the Lords Supper should be administred to the people and in the year 1592. an Act of King James the third about the Saturday and other Vigills to be kept holy from Evensong to Evensong was annulled and abrogated Which plainly shews that then they thought not of a Sabbath But when the Sabbath doctrine had been raised in England Anno 1595 as before was said it found a present entertainment with the Brethren there who had before professed in their publick Writings to our Puritans here Davison p. 20. that both their causes were most nearly linked together and thereupon they both took up the name of Sabbath and imposed the rigour yet so that they esteem it lawful to hold Fasts thereon quod saepissime in Ecclesia nostra Scoticana factum est and use it often in that Church which is quite contrary unto the nature of a Sabbath And on the other side they deny it to be the weekly Festival of the Resurrection Non sunt dies Dominici festa Resurrectionis as they have resolved it Altare Damasc p. 669. which shews as plainly that they build not the translation of their Sabbath on the same grounds as our men have done Id. 696. In brief by making up a mixture of a Lords day Sabbath they neither keep it as the Lords day nor as the Sabbath And in this state things stood until the year 1618. what time some of the Ancient holy days were revived again in the Assembly held at Perth in which moving some other Rites of the Church of England which were then admitted it was thus determined viz. As we abhor the superstitious observation of festival days by the Papists and detest all licentious and prophane abuse thereof by the common sort of Professors so we think that the inestimable benefits received from God by our Lord Jesus Christ his Birth Passion Resurrection Ascension and sending down of the Holy Ghost was commendably and godly remembred at certain particular days and times by the whole Church of the world and may be also now Therefore the Assembly ordains that every Minister shall upon these days have the Commemoration of the foresaid inestimable benefits and make choice of several and pertinent Texts of Scripture and frame their Doctrine and Exhortation thereunto and rebuke all superstitious observation and licentious prophanation thereof A thing which much displeased some men of contrary persuasion first out of fear that this was but a Preamble to make way for all the other Holy days observed in England And secondly because it seemed that these five days were in all points to be observed as the Lords day was both in the times of the Assembly and after the dissolving of the same But pleased or dispeased so it was decreed and so still it stands But to return again to England It pleased his Majesty now Reigning whom God long preserve upon information of many notable misdemeanors on this day committed 1 Carol. 1. in his first Parliament to Enact That from thence-forwards there should be no Meetings Assemblies or concourse of people out of their Parishes on the Lords day for any sports or pastimes whatsoever nor any Bear-baitings Bull-baitings common Plays Enterludes or any other unlawful Exercises or Pastimes used by any person or persons in their own Parishes every offence to be punished by the forfeiture of 3 s. 4 d. This being a Probation Law was to continue till the end of the first Session of the next Parliament And in the next Parliament it was continued till the end of the first Session of the next 3 Carol. 1. which was then to come So also was another Act made in the said last Session wherein it was enacted That no Carrier Waggoner Wain-man Carman or Drover travel thence-forwards on the Lords day on pain that every person and persons so offending shall lose and forfeit 20 s. for every such offence And that no Butcher either by himself or any other by his privity and consent do kill or sell any Victual on the said day upon the forfeiture and loss of 6 s. 8 d. Which Statutes being still in force by reason that there hath not been any Session of Parliament since they were enacted many both Magistrates and Ministers either not rightly understanding or wilfully mistaking the intent and meaning of the first brought Dancing and some other lawful Recreations under the compass of unlawful Pastimes in that Act prohibited and thereupon disturbed and punished many of the Kings obedient people only for using of such Sports as had been authorized by his Majesties Father of blessed memory Nay which is more it was so publickly avowed and printed by one who had no calling to interpret Laws except the provocation of his own ill spirit That Dancing on the Lords day was an unlawful Pastime punishable by the Statute 1. Carol. 1. which intended so he saith to suppress Dancing on the Lords day as well as Bear-baiting Bull-baiting Enterludes and common Plays which were not then so rife and common as Dancing when this Law was made Things being at this height King Charles Declarat it pleased his excellent Majesty Observing as he saith himself how much his people were debarred of Recreation and finding in some
Proclamation from the States General to banish them from their Native Countrey with their Wives and Children and so compelling them to beg their Bread even in desolate places But yet this was no end of their sorrows neither He must come under a new Cross and be calumniated for maintaining many horrid Blasphemies and gross impieties which they most abhorred For in the continuation of the History of the Netherlands written by one Cross a fellow of no parts or judgment and so more apt to be abused with a false report It is there affirmed whether with greater ignorance or malice it is hard to say That there was a Synod called at Dort to suppress the Arminians and that the said Arminians held amongst other Heresies First That God was the Authorâ—â— sin and Secondly That he created the far greater part of Man-kind only of purpose for to damn them with several others of that kind Which every man of reason knows not only to be the consequence and results of Calvins Doctrine but to be positively maintained and taught by some of his followers By which and such like subtile and malicious practises they endeavoured to expose their Adversaries to the publick hatred and make th em odious with the people till at last these poor men might have said most justly as one the primitive Christians did under the burden of the like Calumnies and Imputations Condemnati sumus quia nominamur non quia convincimur as Tertullian hath it the name of an Arminian carried a Condemnation in it self without any conviction Nor was their fury satisfied in Exauctorating Banishing and destroying those of the adverse party who lived within the compass of the Belgick Provinces the genius of the Sect being active in all parts alike in none more visibly than the neighbouring City of Ledan the principal seat and Signory of the Dukes of Bovillon Out of which Francisous Auratus a most faithful Minister of that Church is said to have been shamefully ejected for no other reason by those of the Calvinian party but because preaching on the Text of St. James 1.13 God tempteth no man c. he largely declared that God was not the Author of sin With what severity they proceeded in England when they had gotten the advantage of Power and Number and with what Calumnies and Reproaches they aspersed all those which were of a contrary persuasion to them the sequestring and ejecting of so many hundreds of learned and religious men from their several Benefices the most odious Pamphet called The first Century of Scandalous and MALIGNANT PRIESTS together with many uncharitable and disgraceful passages against them in the Writings of some Presbyterian Ministers do most clearly evidence CHAP. VI. Objections made against the Doctrine of the Remonstrants the Answer unto all and the retorting of some of them on the Opposite Party 1. The Introduction to the said Objections 2. The first Objection touching their being Enemies to the Grace of God disproved in general by comparing the Doctrine with that of St. Augustine though somewhat more favourable to Free Will than that of Luther 3. A more particular Answer in relation to some hard Expressions which were used of them by King James 4. The second charging it as Introductive of Propery began in Holland and pressed more importunatly in England answered both by Reason and Experience to the contrary of it 5. The third as filling men with spiritual pride first answered in relation to the testimony from which it was taken and then retorted on those who objected the same 6. The fourth CHarge making the Remonstrants a factious and seditious people began in Holland prosecuted in England and answered in the general by the most Religious Bishop Ridly 7. What moved King Jmaes to think so ill of the Remonstrants as to exasperate the States against them 8. The Remonstrants neither so troublesom nor so chargeable to the States themselves as they are made by the Assertor the indirect proceedings of the Prince of Orange viz. the death of Barnevelt and the injustice of the Argument in charging the practices of his Children and the Prince upon all the party 9. Nothing in the Arminian doctrine which may incline a man to seditious courses as it is affirmed and proved to be in the Calvin 10. The Racrimination further proved by a passage in the Conference of the Lord Treasurer Burleigh with Queen Eliz. in a Letter of some of the Bishops to the Duke of Buckingham and in that of Dr. Brooks to the late Archbishop 11. More fully prosecuted and exemplified by Campney's an old English Protestant 12. A Transition to the Doctrine of the Church of England IT may be thought that some strange mystery of iniquity lay hidden under the Mask or Vail of the Five Articles last mentioned which made the Synodists so furiously to rage against them to use such cruelty for security is too mild a name to express their rigour towards all those who did maintain them For justifying whereof in the eye of the World both before and after the Synod course was taken to impeach their Doctrine in these points of no smaller crimes than to be destructive of Gods Grace introductory of Popery tending unto spiritual pride and to Sedition or Rebellion in the Civil Government Which Objections I shall here present as I have done the Arguments of most importance which were Excogitated and enforced against the Conclusions and Determinations of the Synod in the said five points and that being done I shall return such Answers as are made unto them First then it is objected that this Doctrine is destructive of Gods Free Grace reviving the old Pelagian Heresies â—â—â—man Annot Grotii Putat so long since condemned This is press'd by Boyerman in his Annotations on the Book of Grotius called Pietas Ordinum c. where he brings in Pareus charging them with having proceeded E Schola Caelestii Pelagii from no other School than that of Pelagius and Caelestius those accursed Hereticks Thycius another of the Contra-Remonstrants but somewhat more moderate than the rest in this particular conceives their Doctrine to incline rather to Semi-Pelagianism Et aut eandem esse aut non multo diversam and either to be the very same or not much different Declar. against Vorstius But the authority of King James was of greatest weight who in his heats against Vorstius calls them the Enemies of Gods grace Atheistical Sectaries and more particularly the Enemy of God Arminius as the King once called him To which Objection it is answered that whatsoever Paraeus and the rest might please to call them they had but little reason for it the Remonstrants speaking as honourably of the Grace of God as any other whatsoever And this they prove by comparing the first branch of the Fourth Article with that Golden saying of St. Augustine yiz. Sine gratia Dei praeveniente ut velimus subsequente ne frustra velimus ad pietatis opera nil valemus
of Trinity Colledge in Cambridge in a Letter to the late Archbishop Cont. Dom. p. 167. bearing date Decemb. 15. 1630. in which he writes that their Doctrines of Predestination is the root of Puritanism and Puritanism is the root of all Rebellions and disobedient untractableness in Parliaments c. and of all Schism and saweiness in the Countrey nay in the Church it self making many thousands of our People and too great a part of the Gentlemen of the Land very Leightons in their hearts which Leighton had published not long before a most pestilent and seditious Book against the Bishops called Sions Plea in which he excited the People to strike the Bishops under the fifth rib reviling the Queen by the name of a Daughter of Heth and for the same was after censured in the Star-Chamber to Pillory loss of Ears c. But because perhaps it may be said that this is but a new device excogitated by the malice of these later times to defame this doctrine Answer to a certain Lett. p. 38. let us behold what Campneys hath delivered of it in the first or second year of Queen Eliz. at the first peeping of it out to disturb this Church Where saith he who seeth not the distraction of England to follow this Doctrine Who seeth not the confusion of all Common-wealths to depend hereupon What Prince may sit safely in the seat of his Kingdom What subject may live quietly possessing his own What man shall be ruled by the right of Law If these Opinions may be perfectly placed in the hearts of the People Which Corollary he brings in in the end of a discourse touching the Rebellion raised by Martin Cyrnel and seconded by the Earl of Lincoln Martin Swarth and others against Hen. VII For building on the Culvinian Maxim that as God doth appoint the end so he appointeth also the means and causes which lead unto it he thereupon inferreth that Martin Swarth and his men according to that Doctrine were destined by God to be slain at the Batrel of Stoke In order whereunto first Sir Richard Simon the Priest must be appointed and predestinate of God to pour in the pestilent poyson of privy Conspiracy and trayterous mischief of vain glory into the heart of Lambert his Scholar as a cause leading to the same end Secondly Ibid. p. 38. That he the said Lambert was appointed and predestinate of God to consent and agree unto the pestiferous persuasion of his Master S. Richard in the pride of Lucifer to aspire unto the Royal Throne as another cause leading to the same end which God ordained Thirdly That the Irish men were appointed of God to be Rebellious Traytors against their Soveraign Lord the King of England and to maintain the false and filthy quarrel of Lambert as another cause leading to the same end Fourthly That in order to the said end the Lady Margaret Sister to K. Edw. IV. was appointed and predestinate of God to be a Traytoress to England and to imploy all her wits forces and power to the utter destruction of her natural Countrey And fifthly in particular that the said Lady Margaret was appointed of God to hire the said Martin Swarth and his men to invade the Realm of England Sixthly and finally that the said Martin Swarth the Earl of Lincoln the Lord Lorel the Lord Gerrard and divers others Captains of the Rebels were appointed and predestinate of God to be of such valiant courage in maintaining the false quarrel of trayterous Lambert that they were slain and on the other side many a brave English mans blood was shed at the Battel of Stoke which was the end of this woful Tragedy Let them say therefore what they can or will this meer necessity which our men teach is the very same which the Stoicks did hold which opinion because it destroyed the state of a Common-wealth was banished out of Rome as St. Augustine declareth in lib. Quaest Vet. Nov. Testam And thus the different judgments of all the other Western Churches and the several Subdivisions of them in the five controverted Points being laid together with such discourses and disputes as have occasionally been made and raised about them we will next shew to which of the said differing parties the Church of England seems most inclinable and afterwards proceed in the story of it Historia Quinqu-Articularis OR A DECLARATION Of the Judgment of the WESTERN-CHVRCHES And more particularly of the CHURCH of ENGLAND In the Five Controverted Points PART II. Containing the Judgment of the Church of England and the most Eminent Divines thereof in the Reign of King Henry VIII and King Edward VI. CHAP. VII An Introduction to the Doctrine of the Church of England in the Points disputed with the Removal of some rubs which are laid in the way 1. The Doctrine of the Homilies concerning the Endowments of man at his first Creation 2. His miserable fall 3. And the promised hopes of his Restitution in the Lord Christ Jesus 4. A general Declaration of the judgment of the Church of England in the points disputed exemplified in the story of Agilmond and Lamistus Kings of Lombardy 5. The contrary judgment of Wicklif objected answered and applied to all modern Heresies 6. A general answer to the like Argument pretended to be drawn from the Writings of Frith Tyndal and Barns But more particularly 7. The judgment of Dr. Barns in the present points and the grounds on which he builded the same 8. Small comfort to be found from the works of Tyndal in favour of the Calvinian Doctrines 9. The falsifyings of John Frith and others in the Doctrine of Predestination reproved by Tyndal 10. A parallel between some of our first Martyrs and the blind man restored to sight in the eighth of Saint Mark. BEing therefore in the next place to declare the Judgment of the Church of England I shall prepare the way by laying down her publick Doctrine touching the Fall of Adam and the Restitution of man-kind in Jesus Christ that having cleared God from being the Author of sin and having laid a sure foundation for the Restitution of Mankind to Gods grace and favour and consequently to the hopes of Eternal Life we may proceed with more assurance to the rest that followeth Hom. of the Nativity fol. 167. And this we cannot better do than by laying down the words of the Homily concerning the Nativity and Birth of our Lord and Saviour Jesus Christ where we find it thus Among all the Creatures saith the Homily that God made in the beginning of the world most excellent and wonderful in their kind there was none as the Scripture beareth witness to be compared almost in any point unto man who as well in body as soul exceedeth all other no less than the Sun in brightness and light exceedeth every bright and little Star in the Firmament He was made according to the similitude and Image of God he was endued with all kind
say the Lord Protector and the rest of the Privy Council acting in his Name and by his Authority performed by Archbishop Cranmer and the other six before remembred assisted by Thirdby Bishop of Winchester Day Bishop of Chichester Ridley Bishop of Rochester Taylor then Dean after Bishop of Lincoln Redman then Master of Trinity Colledge in Cambridge and Hains Dean of Exeter all men of great abilities in their several stations and finally confirmed by the King the Lords Spiritual and Temporal and the Commons in Parliament Assembled 23 Edw. VI. In which Confirmatory act it is said expresly to have been done by the especial aid of the Holy Ghost which testimony I find also of it in the Acts and Monuments fol 1184. But being disliked by Calvin who would needs be meddling in all matters which concerned Religion and disliked it chiefly for no other reason as appears in one of his Epistles to the Lord Protector but because it savoured too much of the ancient Forms it was brought under a review the cause of the reviewing of it being given out to be no other than that there had risen divers doubts in the Exercise of the said Book for the fashion and manner of the Ministration though risen rather by the curiosity of the Ministers and Mistakers than of any other cause 5 6 Edw. 6. cap. 1. The review made by those who had first compiled it though Hobeach and Redman might be dead before the confirmation of it by Act of Parliament some of the New Bishops added to the former number and being reviewed was brought into the same form in which now it stands save that a clause was taken out of the Letany and a sentence added to the distribution of the blessed Sacrament in the first year of Queen Elizabeth and that some alteration was made in two or three of the Rubricks with an addition of Thanksgiving in the end of the Letany as also of a Prayer for the Queen and the Royal Issue in the first of King James At the same time and by the same hands which gave us the first Liturgy of King Edward VI. was the first Book of Homilles composed also in which I have some cause to think that Bishop Latimer was made use of amongst the rest as one who had subscribed the first other two books before mentioned as Bishop of Worcester Ann. 1537. and ever since continued zealous for a Reformation quitting in that respect such a wealthy Bishoprick because he neither would nor could conform his judgment to the Doctrine of the six Articles Authorized by Parliament For it will easily appear to any who is conversant in Latimers writings and will compare them carefully with the book of Homilies that they do not only savour of the same spirit in point of Doctrine but also of the same popular and familiar stile which that godly Martyr followed in the course of his preachings for though the making of these Homilies be commonly ascribed and in particular by Mr. Fox to Archbishop Cranmer yet it is to be understood no otherwise of him thad than it was chiefly done by encouragement and direction not sparing his own hand to advance the work as his great occasions did permit That they were made at the same time with King Edwards first Liturgy will appear as clearly first by the Rubrick in the same Liturgy it self in which it is directed Let. of Mr. Bucer to the Church of England that after the Creed shall follow the Sermon or Homily or some portion of one of them as they shall be hereafter divided It appears secondly by a Letter writ by Martin Bucer inscribed To the holy Church of England and the Ministers of the same in the year 1549. in the very beginning whereof he lets them know That their Sermons or Homilies were come to his hands wherein they godlily and effectually exhort their people to the reading of Holy Scripture that being the scope and substance of the first Homily which occurs in that book and therein expounded the sense of the faith whereby we hold our Christianity and Justification whereupon all our help censisteth and other most holy principles of our Religion with most godly zeal And as it is reported of the Earl of Gondomar Ambassador to King James from the King of Spain that having seen the elegant disposition of the Rooms and Offices in Burleigh House not far from Stanford erected by Sir William Cecil principal Secretary of State and Lord Treasurer to Queen Elizabeth he very pleasantly affirmed That he was able to discern the excellent judgment of the great Statesman by the neat contrivance of his house So we may say of those who composed this book in reference to the points disputed A man may easily discern of what judgment they were in the Doctrine of Predestination by the method which they have observed in the course of these Homilies Beginning first with a discourse of the misery of man in the state of nature proceeding next to that of the salvation of man-kind by Christ our Saviour only from sin and death everlasting from thence to a Declaration of a true lively and Christian saith and after that of good works annexed unto faith by which our Justification and Salvation are to be obtained and in the end descending unto the Homily bearing this inscription How dangerous a thing it is to fall from God Which Homilies in the same form and order in which they stand were first authorized by King Edward VI. afterwards tacitly approved in the Rubrick of the first Liturgy before remembred by Act of Parliament and finally confirmed and ratified in the book of Articles agreed upon by the Bishops and Clergy of the Convocation Anno 1552. and legally confirmed by the said King Edward Such were the hands and such the helps which co-operated to the making of the two Liturgies and this book of Homilies but to the making of the Articles of Religion there was necessary the concurrence of the Bishops and Clergy Assembled in Convocation in due form of Law amongst which there were many of those which had subscribed to the Bishops book Anno 1537. and most of those who had been formerly advised with in the reviewing of the book by the Commandment of King Henry VIII 1543. To which were added amongst others Dr. John Point Bishop of Winchester an excellent Grecian well studied with the ancient Fathers and one of the ablest Mathematicians which those times produced Dr. Miles Coverdale Bishop of Exon who had spent much of his time in the Lutheran Churches amongst whom he received the degree of Doctor Mr. John Story Bishop of Rochester Ridley being then preferred to the See of London from thence removed to Chichester and in the end by Queen Elizabeth to the Church of Hereford Mr. Rob. Farran Bishop of St. Davids and Martyr a man much favoured by the Lord Protector Sommerset in the time of his greatness and finally not to descend to those of the lower
determinations in a National Church no more than is of making Laws to bind the Subjects in an unsetled Commonwealth with an intent to leave them in their former liberty either of keeping or not keeping them as themselves best pleased Which said we shall enquire into the meaning of the Articles as before laid down whether they speak in favour of the Melancthonian or Calvinian way so far forth as the meaning of them can be gathered from the publick Liturgy and book of Homilies or from the Writings of those men who either had a hand in the making of them or died in the Religion here by Law established CHAP. IX Of the Doctrine of Predestination delivered in the Articles the Homilies the publick Liturgies and the Writings of some of the Reformers 1. The Articles indifferently understood by the Calvinian party and the true English Protestants with the best way to find out the true sense thereof 2. The definition of Predestination and the most considerable points contained in it 3. The meaning of those words in the Definition viz. whom he hath chosen in Christ according to the Exposition of St. Ambrose St. Chrysostom St. Jerom as also of Archbishop Cranmer Bishop Latimer and the Book of Homilies 4. The Absolute Decree condemned by Bishop Latimer as a means to Licentiousness and carnal living 5. For which and making God to be the Author of sin condemned as much by Bishop Hooper 6. Our Election to be found in Christ not sought for in Gods secret Counsels according to 〈◊〉 judgment of Bishop Latimer 7. The way to find out our Election delivered by the same godly Bishop and by Bishop Hooper with somewhat to the same purpose also from the Book of Homilies 8. The Doctrine of Predestination delivered by the holy Martyr John Bradford with Fox his gloss upon the same to corrupt the sense 9. No countenance to be had for any absolute personal and irrespective Decree of Predestination in the publick Liturgy 10. An Answer to such passages out of the said Liturgy as seem to favour that Opinion as also touching the number of Gods Elect. THUS have we seen the Doctrine of the Church of England in the five controverted Points according as it is delivered in the Book of Articles but in what sense we ought to understand it hath been made a Question Some take the Articles in the Literal and Grammatical sense which is the fairest and most approved way of Interpretation according to the saying of an ancient Writer Declar. before the Art 1628. That if the Literal sense of holy Scripture will stand with the Analogy of Faith and Piety it is to be preferred before any other Others they are of which his late Majesty complained who draw the Articles aside and put their own sense or Comment to be the meaning of the Articles fashioning them to their own fancies as they please themselves Each of the parties in those curious points in which the present differences do most consist conceive the Articles of the Church to speak for them exclusive wholly of the other but with a notable difference in the Application The Calvinists Our Divines commonly called Calvinists Yates in Ap Caesar cap. 5. p. 38. by which name they love to be called endeavour to captivate the sense of the Article and bring it to the bent of their own understanding but the true English Protestants whom for distinction sake we may call Confessionists accommodate though they do not captivate their own sense to the sense of the Church according to the plain and full meaning of the Articles in the points disputed But because possibly both parties may not be agreed on a Rule or Medium by which the proper sense and meaning of the Articles may be best discovered it will not be amiss to follow the directions of the Civil Laws in cases of like doubtful nature which is briefly this viz. Si de interpretatione Legis quaeritur imprimis inspiciendum est quo jure Civitas retro in hujusmodi casibus usa fuit And this we shall the better do if we enquire into the Doctrine of those Learned Religious and Godly men who either had a principal hand in the Reformation or were most conversant with them and beloved of them in their several stations taking along with us the Authority of the Homilies and publick Liturgy to which all parties have subscribed In order whereunto it will first be necessary to lay down the definition of Predestination as before we had it in the Article to sum up the particular points and contents thereof to shew the sense of one phrase in it and then to travel more exactly in this Enquiry whether the method of Predestination illustrated by the story of Agilmond and Amistus Kings of Lombardy cap. 7. num 4. agree not more hamoniously with the true sense and meaning of the Church of England than any other whatsoever First then Predestination unto life is defined in the seventeenth Article to be the everlasting purpose of God whereby and before the foundations of the World were laid he hath constantly decreed by his Council secret unto us to deliver from damnation those whom he hath chosen in Christ out of mankind and to bring them by Christ unto everlasting salvation In which definition there are these things to be observed First That Predestination doth presuppose a curse or state of damnation in which all mankind was represented to the sight of God which plainly crosseth the Opinion of the Supra-Lapfarians the Supra-Creaturians or Credibilitarians as some call them now Secondly That it is an act of his from Everlasting because from Everlasting he foresaw into what misery wretched man would fall by the abuse of that liberty in which first he stood Thirdly That he founded it and resolved for it in the Man and Mediator Christ Jesus both for the purpose and performance which crosseth as directly with the Sublapsatians who place the absolute decree of Predestination to life and of Reprobation unto death both of body and soul before the decree or consideration of sending his only beloved Son Jesus Christ into the World to be the common Propitiation for the sins of men Fourthly That it was of some special ones alone Elect called forth and reserved in Christ and not generally extended unto all mankind a General Election as they say being no Election Fifthly That being thus elected in Christ they shall be brought by Christ but not without their own consent and cooperation to everlasting salvation And finally That this Council is secret unto us for though there be revealed to us some hopeful signs of our Election and Predestination unto life yet the certainty thereof is a secret hidden in God and in this life unknown to us For who hath known the mind of the Lord or hath been his Counsellour or of his Secret Council saith the great Apostle Such is the definition of Predestination and the substance of it in which there is
Christ came to be a Lamb without spot who by the Sacrifice of himself once made should take away the sins of the world Than which there can be nothing more conducible to the point in hand And to this purpose also when Christ our Saviour was pleased to Authorize his Holy Apostles to preach the good Tidings of Salvations he gave them both a Command and a Commission To go unto all the World and preach the Gospel to every Creature Mark 16.15 So that there was no part of the World nor any Creature in the same that is to say no rational Creature which seems to be excluded from a Possibility of obtaining Salvation by the Preaching of the Gospel to them if with a faith unfeigned they believe the same which the Church further teacheth us in this following Prayer appointed to be used in the Ordering of such as are called to the Office of the holy Priesthood viz. Almighty God and Heavenly Father which of thine Infinite Love and Goodness toward us hast given to us thy only and most Dear Beloved Son Jesus Christ to be our Redeemer and Author of Everlasting Life who after he had made perfect our Redemption by his Death and was ascended into Heaven sent forth abroad into the world his Apostles Prophets Evangelists Doctors and Pastors by whose labour and Ministry he gathered together a great Flock in all the parts of the World to set forth the Eternal Praise of his Holy Name For these so great Benefits of thy Eternal Goodness and for that thou hast vouchsafed to call thy Servant here present to the same Office and Ministry of Salvation of Mankind we render unto thee most hearty thanks and we worship and praise thee and we humbly beseech thee by the same thy Son to grant unto all which either here or elsewhere call upon thy Name that we may shew our selves thankful to thee for these and all other thy benefits and that we may daily increase and go forward in the knowledg and faith of thee and thy Son by the Holy Spirit So that as well by these thy Ministers as by them to whom they shall be appointed Ministers thy Holy Name may be always glorified and thy Blessed Kingdom enlarged through the same thy Son our Lord Jesus Christ who liveth and reigneth with thee in the Vnity of the same Holy Spirit world without end Amen Which Form in Ordering and Consecrating Bishops Priests and Deacons I note this only by the way being drawn up by those which had the making of the first Liturgy of King Edward the sixth and confirmed by Act of Parliament in the fifth and sixth of the said King was afterwards also ratified by Act of Parliament in the eighth year of Queen Elizabeth and ever since hath had its place amongst the publick Monuments and Records of the Church of England To these I shall only add one single testimony out of the Writings of each of the three godly Martyrs before remembred the point being so clearly stated by some of our Divines commonly called Calvinists though not by the Outlandish also that any longer insisting on it may be thought unnecessary First then Bishop Cranmer tells us in the Preface to his Book against Gardiner of Winchester aforementioned That our Saviour Christ according to the will of his Eternal Father when the time thereof was fully accomplished taking our Nature upon him came into this World from the high Throne of his Father to declare unto miserable Sinners the Goodness c. To shew that the time of Grace and Mercy was come to give light to them that were in darkness and in the shadow of death and to preach and give Pardon and full Remission of sin to all his Elected And to perform the same he made a Sacrifice and Oblation of his body upon the Cross which was a full Redemption Satisfaction and Propitiation for the sins of the whole World More briefly Bishop Latimer thus The Evangelist saith When Jesus was born c. Serm. 1. Sund. after Epiph. What is Jesus Jesus is an Hebrew word which signifieth in our English Tongue a Saviour and Redeemer of all Mankind born into the World This Title and Name To save appertaineth properly and principally unto him for he saved us else had we been lost for ever Bishop Hooper in more words to the same effect That as the sins of Adam Pref. to the ten Commandments without Priviledg or Exemption extended and appertained unto all and every of Adams Posterity so did this Promise of Grace generally appertain as well to every and singular of Adams Posterity as to Adam as it is more plainly expressed where God promiseth to bless in the seed of Abraham all the people of the World Next for the point of Vniversal Vocation and the extent of the Promises touching life Eternal besides what was observed before from the Publick Liturgy we find some Testimonies and Authorities also in the Book of Homilies In one whereof it is declared That God received the learned and unlearned and casteth away none Hom. of Holy Scrip. p. 5. but is indifferent unto all And in another place more largely that the imperfection or natural sickness taken in Adam excludeth not that person from the promise of God in Christ except we transgress the limits and bounds of this Original sin by our own folly and malice If we have Christ then have we with him Hom. against fear of death p. 62. and by him all good things whatsoever we can in our hearts wish or desire as Victory over death sin hell c. The truth hereof is more clearly evidenced in the Writings of the godly Martyrs so often mentioned as first of Bishop Latimer who discourseth thus We learn saith he by this sentence that multi sunt vocati that many are called c. that the preaching of the Gospel is universal that it appertaineth to all mankind Serm. Septure that it is written in omnem terram exivit sonus eorum through the whole world their sound is heard Now seeing that the Gospel is universal it appeareth that he would have all mankind be saved that the fault is not in him if they be damned for it is written thus Deus vult omnes homines salvos fieri God would have all mankind saved his salvation is sufficient to save all mankind Thus also in another place That the promises of Christ our Saviour are general they appertain to all mankind He made a general Proclamation saying Qui credit in me 1 Serm Lincol habet vitam aeternam Whosoever believeth me hath eternal life And not long after in the same Sermon That we must consider wisely what he saith with his own mouth Venite and me omnes Hook pres to Commo c. Mark here he saith mark here he saith Come all ye wherefore should any body despair or shut out himself from the promises of Christ which be general and appertain to the whole
works of the spirit 2. More plainly doth he speak in the second place of Universal Redemption Id. in cap. 1 6. telling us that all men which either for their Original sin or for their Actual sin were out of Gods favour and had offended God should by Christ only be reconciled to Gods favour and have remission of their sins and be made partakers of everlasting life that Christs death was a full and sufficient satisfaction for the sins of the whole World Id Ibid. 〈◊〉 1. and for all them that shall be sanctified and saved that Christ by his death once for all Id. Ibid. 〈…〉 hath fully and perfectly satisfied for the sins of all men and finally that there re this is an undoubted truth ever to be believed of all Christians that Christ by his Passion and Death hath taken away all the sins of the World In the next place he puts the question with reference to the application of so great a benefit for what causes God would not have his Word preached unto the Gentiles till Christs time and makes this answer thereunto First That it is a point not to be too curiously searched or enquired after Secondly That it is enough for us to know that it was so ordered by Gods Will Id. Ibid. G. 2 3. But thirdly That it might yet be done either because by their sins they had deserved their blindness and damnation as indeed they had or that God saw their hard hearts or their stiff necks and that they would not have received it before Christs comings if the Gospel had been preached unto them or finally that God reserved that mystery unto the coming of our Saviour Christ that by him all goodness should be known to come to us Id. cap. 2. H. 7. c. As for the necessary influences of Gods Grace and mans co-working with the same he telleth us briefly That no man ought to ascribe the good works that he dâ—th â—s himself or to his own might and power but to God the Author of all goodness but then withal that it is not enough for men to have knowledge of Christ and his benefits but that they must encrease in the knowledge of God Idâ—â— cap. 4. which knowledge cometh by Gods Word And finally as to the point of falling away he gives us first the example of Demas who as long as all things were prosperous with S. Paul was a faithful Minister to him and a faithful Disciple of Christ but when he saw Paul cast into Prison he forsook Paul and his Doctrine and followed the World then he inferreth that many such there be in the World c. of whom speaketh Christ Matth. 13. Many for a time do believe but in time of tribulations they shrink away And finally he concludes with this advice That he that standeth should look that he did not fall and that he do no trust too much to his own might and power for if he did he should deceive himself and have a fall as Demas had And so much for the judgment and opinion of Master L. Ridley in the points disputed who being Arch-deacon of Canterbury as before was said may be presum'd to be one of those who concurred in Convocation to the making of the Articles of K. Edwards book 1552. to find the true and natural meaning of which Articles we have taken this pains CHAP. XV. Of the Author and Authority of King Edwards Catechism as also of the judgment of Martin Bucer and Peter Martyr in the Points disputed 1. The Catechism published by the Authority of King Edward VI. Ann. 1553. affirmed to have been writ by Bishop Poinet and countenanced by the rest of the Bishops and Clergy 2. Several passages collected out of that Catechism to prove that the Calvinian Doctrines were the true genuine and ancient Doctrines of the Church of England 3. With a discovery of the weakness and impertinency of the Allegation 4. What may most probably be conceived to have been the judgment of Bishop Pointer in most of the Controverted Points 5. An Answer to another Objection derived from Mr. Bucer and Peter Martyr and the influence which their Auditors and Disciples are supposed to have had in the Reformation 6. That Bucer was a man of moderate Counsels approving the first Liturgy of King Edward VI. assenting to the Papists at the Dyet of Ratisbone in the possibility of falling from grace and that probably Peter Martyr had not so far espoused the Calvinian quarrels when he lived in Oxon. as after his return to Zurick and Calvins Neighbourhood 7. The judgment of Erasmus according as it is delivered in his Paraphrases on the four Evangelists proposed first in the general view and after more particularly in every of the Points disputed SEcuri de salute de gloria certemus Having shewed the cause by so many pregnant Evidences derived from the Articles and Homilies Tacit in vita Agric. and backt by the consenting Testimonies of Learned men and godly Martyrs it would add something at the least in point of Reputation if not of glory also to gain Bishop Poinet to the side of whom as to his personal capacity we have spoken already and must now look back upon him in relation to a Catechism of his setting forth Printed by Wolfe in Latine and by Day in English Anno 1553. being the next year after the Articles were agreed upon in the Convocation a Catechism which comes commended to us with these advantages that it was put forth by the Authority of King Edward VI. to be taught by all School-masters in the Kingdom By another of the same persuasion Prin. Anti-Armin Pag. 44. that the King committed the perusal of it to certain Bishops and other Learned men whom he much esteemed by whom it was certified to be agreeable to the Scripture and Statutes of the Realm that thereupon he presixt his Epistle before it in which he commands and charges all School-masters whatsoever within his Dominions as they did reverence his Authority Anti-Armin Page 48. and as they would avoid his Royal displeasure to teach this Catechism diligently and carefully in all and every their Schools that so the youth of the Kingdom might be setled in the grounds of true Religion and furthered in Gods worship The Church Historian seems to give it some further countenance Ch Hist lib. 7. fol. 421. by making it of the same extraction with the book of Articles telling us that by the Bishops and Learned men before-mentioned we are to understand the Convocation and that it was not commanded by his Majesties Letters Patents to all School-masters only but by him commended to the rest of the Subjects which cost these several Authors have bestowed upon it out of an hope of gaining some greater matter by it towards the countenancing and advancing of the Calvinian Doctrine Predestination as the true genuine and ancient Doctrine of this Church certain I am that both Mr.
tres solum inventi fuere qui edicto resisterint that is to say the Word of God is not made the weaker by my sole appearing in defence thereof no more than when there were but three he means the three Hebrew Children in the Book of Daniel which durst make open opposition to the Kings Edict Liberius thought himself sufficient to keep possession of a truth in the Church of Christ till God should please to raise up more Champions in all places to defend the same not thinking it necessary to return any other answer or to produce the names of any others of his time who turned Athanasius as much as he which brings into my mind a passage in the conference betwixt Dr. Ban Featly and Sweat the Jesuite in which the Jesuite much insisted on that thred-bare question viz. where was your Church before Luther which when the Doctor went to shew out of Scriptures and Fathers some of the Papists standing by cried out for names those which stood further of ingeminating nothing but Names Names whereupon the Dr. merily asked them if nothing would content them but a Buttery book And such an Answer I must make in the present case to such as take up testimony by tale not weight and think no truth is fairly proved except it come attended with a cloud of witnesses But what we want in number now he shall find hereafter when we shall come to take a view of King James his Reign to which now we hasten CHAP. XXII Of the Conference at Hampton Court and the several encouragements given to the Anti-Calvinians in the time of King James 1. The occasion of the conference at Hampton Court and the chief persons there assembled 2. The nine Articles of Lambeth rejected by King James 3. Those of the Church being left in their former condition 4. The Calvinian Doctrine of Predestination decryed by Bishop Bancroft and disliked by King James and the reasons of it 5. Bishop Bancroft and his Chaplain both abused the inserting the Lambeth Articles into the confession of Ireland no argument of King James his approbation of them by whom they were inserted and for what cause allowed of in the said Confession 6. A pious fraud of the Calvinians in clapping their predestinarian Doctrines at the end of the Old Testament An. 1607. discovered censured and rejected with the reasons for it 7. The great incouragement given by King James to the Anti-calvinians and the increasing of that party both in power and number by the stirs in Holland 8. The offence taken by King James at Conradus Vorstius animateth the Oxon. Calvinists to suspend Dr. Houson and to preach publickly against Dr. Laud. 9. The like proceedings at Cambridge against Mr. Simpson first prosecuted by King James and on what account that the King was more incensed against the party of Arminius than against their persuasions 10. Instructions published by King James in order to the diminishing of Calvins Authority the defence of universal Redemption and the suppressing of his Doctrines in the other points and why the last proved so unuseful in the case of Gabriel Bridges 11. The publishing of Mountagues answer to the Gagger the information made against it the Author and his Doctrine taken by King James into his protection and his appeal licensed by the Kings appointment 12. The conclusion of the whole discourse and the submission of it to the Church of England NOw we come unto the Reign of King James of happy memory whose breeding in the kirk of Scotland had given some hopes of seeing better days to the English Puritans than those which they enjoyed under Queen Elizabeth Upon which hopes they presented him at his first coming to the Crown with a supplication no less tedious than it was impertinent given out to be subscribed with a thousand hands though it wanted many of that number and aiming at an alteration in many points both of Doctrine and Discipline But they soon found themselves deceived For first the King commanded by publick Proclamation that the divine service of the Church should be diligently officiated and frequented as in former times under pain of suffering the severest penalties by the Laws provided in that case And that being done instead of giving such a favourable answer to their supplication as they had flattered themselves withal he commended the answering of it to the Vice-Chancellour Heads and other Learned men of the University of Oxon from whom there was nothing to be looked for toward their contentment But being thirdly a just Prince and willing to give satisfaction to the just desires of such as did apply themselves unto him as also to inform himself in all such particulars as were in difference betwixt the Petitioners and the Prelates he appointed a solemn Conference to be held before him at Hampton Court on Thursday the 12th of January Anno 1603. being within less than ten moneths after his entrance on the Kingdom To which Conference were called by several Letters on the Churches part the most Reverend and right renowned Fathers in God Dr. John Whitgift Arch-bishop of Canterbury Dr. Richard Bancroft Bishop of London Dr. Tobie Matthews Bishop of Durham Dr. Thomas Bilson Bishop of Winchester Dr. Gervase Babbinton Bishop of Worchester Dr. Anthony Rudd Bishop of Davids Dr. Anthony Walson Bishop of Chichester Dr. Henry Robbinson Bishop of Carlile and Dr. Thomas Dove Bishop of Peterborough as also Dr. James Mountague Dean of the Chappel Dr. Thomas Ravis Dean of Christ Church Dr. John Bridges Dean of Sarum Dr. Lancelot Andrews Dean of Westminster Dr. John Overald Dean of Saint Pauls Dr. William Barlaw Dean of Chester Dr. Giles Tompson Dean of Windsor together with Dr. Joh King Arch-Deacon of Nottingham and Dr. Richard Field after Dean of Glocester all of them habited and attired according to their several ranks and stations in the Church of England And on the other side there appeared for the Plantiff or Petitioner Dr. Reynolds Dr. Spark Mr. Knewstubs and Mr. Chatterton the two first being of Oxon and the other of Cambridge Con. at H. C. p. 27. apparelled in their Turky Gowns to shew as Bishop Bancroft tartly noted they desired rather to conform themselves in outward Ceremonies with the Turks than they did with the Papists The first day of the Conference being spent betwixt the King and the Bishops the second which was the 16th of the same moneth was given to the Plantiffs to present their grievances and to remonstrate their desires amongst which it was named by Dr. Reynolds Con. at H. C. p. 24. as the mouth of the rest That the nine Assertions Orthodoxal as he termed them concluded upon at Lambeth might be inserted into the Book of Articles which when King James seemed not to understand as having never heard before of those nine Assertions Pag. 40. c. He was informed that by reason of some Controversies arising in Cambridge about certain points of Divinity my Lords Grace
and approbation published the Exposition or Analysis of our Articles in which he gives the Calvinist as fair quarter as can be wished But first beginning with the last so much of the Objection as concerns Bishop Bancrost is extreamly false not agreeing to the Lambeth Articles not being Bishop of London when those Articles were agreed unto as is mistakingly affirmed and that Analysis of Explication of our English Articles related to in the Objection being published in the year 1585. which was ten years before the making of the Lambeth articles and eighteen years before Bancroft had been made Archbishop And secondly It is not very true that King James liked that is to say was well pleased with the putting of those Articles into the confession of the Church of Ireland though the said Confession was subscribed in his name by the Lord Deputy Chichester is plainly enough not without his consent for many other things were in the Confession to which the Lord Deputy subscribed and the King consented as affairs then stood which afterwards he declared no great liking to either of the Tenor or effect thereof For the truth is that the drawing up of that Confession being committed principally to the care of Dr. Vsher and afterwards Lord Primate of Ireland a professed Calvinian he did not only thrust into it all the Lambeth Articles but also many others of his own Opinions as namely That the Pope was Antichrist or that man of sin that the power of sacerdotal Absolution is no more than declaratory as also touching the morality of the Lords day Sabbath and the total spending of it in religious Exercises Which last how contrary it is to King Jame's Judgment how little cause he had to like it or rather how much reason he had to dislike it his declaration about lawful Sports which he published within three years after doth express sufficiently so that the King might give confent to the confirming of these Articles amongst the rest though he liked as little of the one as he did of the other And he might do it on these Reasons For first The Irish Nation at that time were most tenaciously addicted to Errors and corruptions of the Church of Rome and therefore must be bended to the other extream before they could be sireight and Orthodox in these points of doctrine Secondly It was an usual practice with the King in the whole course of his Government to ballance one extream by the other countenancing the Papist against the Puritan and the Puritan sometimes against the Papist that betwixt both the true Religion and Professors of it might be kept in safety With greater Artifice but less Authority have some of our Calvinians framed unto themselves another Argument derived from certain Questions and answers printed at the end of the Bible published by Rob. Barker his Majesties own Printer in the year 1607. from whence it is inferred by the Author of the Anti-Arminianism Anti-Armin p. 54. and from him by others that the said Questions and Answers do contain a punctual Declaration of the received doctrine of this Church in the points disputed But the worst is they signifie nothing to the purpose for which they were produced For I would fain know by what Authority those Questions and Answers were added to the end of the Bible If by Authority and that such Authority can be produced the Argument will be of force which it takes from them and then no question but the same Authority by which they were placed there at first would have preserved them in that place for a longer time than during the sale of that Edition The not retaining them in such Editions as have followed since the sale of that shews plainly that they were of no anthority in themselves nor intended by the Church for a rule to others and being of no older standing than the year 1607. for ought appears by Mr. Prin who first made the Objection they must needs seem as destitute of antiquity as they are of authority so that upon the whole matter the Author of the Book hath furnished those of different Judgment with a very strong argument that they wrre foisted in by the fraud and practice of some of the Emissaries of the Puritan Faction who hoped in time to have them pass as currant amongst the people as any part of Canonical Scripture Such Piae fraudes as these are we should have too many were they once allowed of Some prayers were also added to the end of the Bible in some Editions and others at the end of the publick Liturgy Which being neglected at the first and afterwards beheld as the authorized prayers of the Church were by command left out of those Books and Bibles as being the compositions of private men not the publick acts of the Church and never since added as before But to return unto King James we find not so much countenance given to the Calvinians by the fraud of his Printer as their opposites received by his grace and favour by which they were invested in the chief preferments of the Church of England conferred as openly and freely upon the Anti-Calvinians as those who had been bread up in the other persuasions Tros Tyriusque mihi nullo discrimine habentur as we know who said For presently upon the end of the Conference he prefers Bishop Bancroft to the Chair of Canterbury and not long after Dr. Barlow to the See of Rochester On whose translation unto Lincoln Dr. Richard Neil then Dean of westminster succeeds at Rochester and leaves Dr. Buckridge there for his successour at his removal unto Lichfield in the year 1609. Dr. Samuel Harsnet is advanced to the See of Chichester and about ten years after unto that of Norwich In the beginning of the year 1614. Dr. Overald succeeds Neil then translated to Lincoln in the See of Coventry and Lichfield Dr. George Mountein succeeded the said Neil then translated to Durham in the Church of Lincoln In the year 1619. Dr. John Houson one of the Canons of Christs Church a professed Anti-Calvinist is made Bishop of Oxon. And in the year 1621. Dr. Valentine Cary Successor unto Overald in the Deanry of St. Paul is made Bishop of Exon and on the same day Dr. William Laud who had been Pupil unto Buckridge as before said is consecrated Bishop of St. Davids By which encouragements the Anti-Calvinians or old English Protestants took heart again and more openly declared themselves than they had done formerly the several Bishops above-named finding so gracious a Patron of the learned King are as being themselves as bountiful Patrons respect being had to the performants in their nomination to their Friends and followers By means whereof though they found many a Rub in the way and were sometimes brought under censure by the adverse party yet in the end they surmounted all difficulties and came at last to be altogether as considerable both for power and number as the Calvinists were Towards which
continual Prevalency of a busie faction And I have carried it on no further because at this time Bishop Laud to whom the raising and promoting of the Arminian doctrines as they call them is of late ascribed was hardly able to promote and preserve himself opprest with a hard hand by Archbishop Abbot secretly traduced unto the King for the unfortunate business of Early of Devonshire attaining with great difficulty to the poor Bishoprick of St. Davids after ten years service and yet but green in favour with the Duke of Buckingham What happened afterwards towards the countenancing of these Doctrines by the appearing of King Charles in the behalf of Mountague the Letter of the three Bishops to the Duke in defence of the man and his Opinion his questioning and impeachment by the House of Commons and his preferment by the King to the See of Chichester are all of them beyond the bounds which I have prescribed unto my self in this Narration Nor shall I now take notice of his Majesties Proclamation of the 14. of June Anno 1626. For establishing the peace and quiet of the Church of England by which he interdicted all such preaching and printing as might create any fresh disturbance to the Church of England or for his smart Answer to that part of the Remonstrance of the House of Commons Anno 1628. which concerned the danger like to fall on this Church and Kingdom by the growth of Arminianism or of the Declaration prefixed before the book of Articles in the same year also for silencing the said Disputes or finally of his Majesties Instructions bearing date Decemb. 30. 1629. for causing the Contents of the Declaration to be put in execution and punctually observed for the time to come By means whereof and many fair encouragements from many of our Prelates and other great men of the Realm the Anti-Calvinist party became considerable both for power and number A POSTSCRIPT TO THE READER Concerning some particulars in a scurrilous Pamphlet intituled A Review of the Certamen Epistolare c. PRimâ dicta mihi summâ dicenda camaenâ with thee good Reader I began and with thee I must end I gave thee notice in the Preface of a scurrilous Libel the Author whereof had disgorged his foul stomach on me and seemed to glory in the shame But whether this Author be a Cerberus with three heads or a Smectymnuus with fire or but a single Shimei only for it is differently reported is all one to me who am as little troubled with the noise of Billings-gate as the cry of an Oyster-wife It is my confidence that none of the dirt which he most shamefully confesseth himself to have thrown in my face will be found upon it P. 175. notwithstanding that necesse est ut aliquid haereat may be sometimes true Omitting therefore the consideration of his many Obscenities which every where are intermingled for the flowers of his Rhetorick I cannot but do my self so much justice as to satisfie the Reader in the truth of some things which otherwise may be believed to my disadvantage I am content to suffer under as much obloquie as any foul-mouth'd Presbyterian can spit upon me but I am not willing to be thought a slanderer a profane person or ungrateful for the sinallest favours all which the Author of that scurrilous Pamphlet hath imposed upon me In the first place it is much laboured to make me guilty of ingratitude and disaffection to Magd. Coll. of which I had the honour to be once a member P. 22. and do retain so high an estimation of it that whensoever I shall write or speak any thing to the reproach of that foundation let my tongue cleave unto the roof of my mouth and my right hand forget its cunning But I am able to distinguish between the duty I own to the House it self and that which every member of it is to challenge from me quid civitati quid civibus debeam in the Orators Criticism And therefore I would not have the Libeller or his Partners think that his or their taking Sanctuary under the name of Magdalen Colledge shall so far priviledge them in their actings either against the Church in general or my own particular but that I shall as boldly venture to attacque them there without fear of sacriledge as Joab was smitten by Benaiah at the horns of the Altar But the best is that I am made to have some ground for my disaffection though there be no less falshood in the fundamentals than the superstructure And a fine tale is told of some endeavours by me used for bringing one of my own brood into that foundation the failing of which hopes must of necessity occasion such an undervaluing of that Colledge as to change it from a nest of Sparrows to a nest of Cucknes P. 22. But the truth is that the party for whom I was a suitor was so far from being one of my own brood as not to be within the compass of my Relations so much a stranger to my blood that he was no otherwise endeared unto me than by the extraordinary opinion which I had of his parts and industry And therefore I commended him no further unto Dr. Goodwin than that it was not my desire to have him chosen if any abler Scholar should appear for the place And it was well for the young man that I sped no better Periisset nisi periisset as we know who said For within less than two years after he was elected into the Society of Merton Colledge to their great honour be it spoken upon no other commendation than his own abilities In the next place I am made a slanderer for saying that the new Sabbath speculations of Dr. bound and his adherents had been embraced more passionately of late than any one Article of Religion here by Law established How so Because saith he or they 't is no matter which it is well known that they do more passionately embrace the great truths of Christs Divinity and the Divine Authority of Scripture c. than any opinion about the Sabbath What may be meant by the c. it is hard to say perhaps the Presbyterian Discipline or the Calvinian Doctrines of Predestination the two dear Helena's of the Sects as sacred and inviolable in their estimation as any of their new opinions about the Sabbath But whether the great truths of Christs Divinity the Divine Authority of Scripture or any Article of Religion here by Law established be embraced by them with the like passion as their new Saint Sabbath may be discerned by that impunity which is indulged by them to all Anabaptists Familists Ranters Quakers and all other Sectaries by whom the great Truths of Christs Divinity and the Divine Authority of holy Scripture and almost all the Articles of the Christian Faith have been called in question And yet we cannot choose but know with what severity they proceeded when they were in power against all persons whatsoever
himself that whatsoever had been done in the alteration suffragio meo comprobavi he had confirmed and approved as a thing well done Calvin in Eplstola ad Cardinal Sadolet and therefore thought himself to be no less obliged to defend the action than if it had been done at first bh his own command For doubtless that of Tully is exceeding true Nil refert utrum voluerim fieri vel gaudeam factum Cicero in Philip 2. between the doing of a soul and disloyal act and the approbation of it when it is done is but little difference But to proceed our Author being thus made a party in the cause and quarrel of Geeva thought himself bound not only to justifie unto others what himself approved but also to lay down such grounds whereby the Example might be followed and their disloyalty and rebellion the less observed because they did not go alone without company In which respect and 't is a thing to be observed althoughthat Book of Institutions hath been often printed and received many alterations and additions as before was noted yet this particular passage still remains unaltered and hath continued as it is from the first Edition which was in the year 1536. when the Rebellion of Geneva was yet fresh and talked of as an ill Example Nor was the man deceived in his expectation For as he grew into esteem and reputation in the World abroad so he attained at last to that power and Empire over the souls and consciences of his followers that his Errors were accounted Orthodox his defects Perfections and the revolt of the Genevians from their natural Prince must by no means be called Rebellion because projected and pursued by such popular Officers to whom it appertained of common course to regulate the Authority of Kings and Princes And though he doth not say expresly that there either are or ought to be such popular Officers in every Realm or common-wealth but brings it in upon the by with his ifs and ands yet ifs and ands are not allowed of in the Laws to excuse Rebellions Bacons History of King Henry the seventh and by the setting up of that dangerous Si quis si qui sintâ—populares Magistratus as his words there are he seems to make a Proclamation that where there were such Popular Officers it was their bounden duty to correct their Princes after the manner of Geneva where there were none the people were God help them in an ill condition unless some other means were thought of for their ease and remedy Upon which Principles of his his folowers raised such Positions and pursued such practices as have distracted and embroyled the most parts of Europe and made it of a Garden to become a Wilderness For finding that they could not easily create such popular Magistrates to lord it over Kings and Princes who had not been accustomed to the like Controlments they put that power of regulating the Supream Authority either upon the body of the people generally whereof you were told before from Buchannan or upon such to whom they should communicate or transser their Power as occasion served whereof you may hear further in that which followeth And that not only in the case of civil Liberty for which the Examples of the Ephori and the Roman Tribunes were at first found out and that of the Demarchi thrust upon the Readers for the like foul end but specially in such matters which concerned Religion wherein the extraordinary calling of some men in the holy Scriptures must serve for Precedents and Examples to confirm their practices From hence it was that Buchannan doth not only subject his King unto the Ordinary Judges and Courts of Justice as before was noted but fearing that Kings would be too potent to be so kept under adviseth this Buchann de jure Regni Eorum interfectoribus praemia decerni that Rewards should publickly be decreed for those who kill a Tyrant and Kings and Tyrants are the same as heretofore in the word and notion so now in the Opinion of the Presbyterian or Calvinian faction as usually are proposed to those who kill Wolves or Bears From hence it was that the inferiour or subordinate Magistrate is advanced so high as to be entituled to a Power adversus Superiorem Magistratum se Rempub. Ecclesiam etiam armis defendere Paraeus in Epistola ad Rom. cap. 13. of taking Arms against the King or Superiour Magistrate in defence of himself his Countrey and true Religion which though they are the words of Paraeus only yetthey contain the mind and meaning of all the rest of that faction as his son Philip doth demonstrate In Append. ad Cap. 13. Epist ad Rom. Cambden Annal Eliz. An. 1559. Hence was it that John Knox delivered for sound Orthodox doctrine Procerum esse propria autoritate Idololatriam tollere Principes intra legum rescripta per vim reducere that it belonged unto the Peers of each several Kingdom to reform matters of the Church by their own Authority and to confine their Kings and Princes within the bounds prescribed by Law even by force of Arms. Hence that Geselius one of the Lecturers of Roterdam preached unto his people Necessaria Respons Jean de Serres inventnire de Fr. History of the Netherlands Thuan. hist l. 114. Camden Annal An. 15 59. Laurea Austriaca Continuati Thuan. hist l. 8. that if the Magistrates and Clergy did neglect their duty in the reformation of Religion necesse est id facere plebeios that then it did belong to the common people who were bound to have a care thereof and proceed accordingly And as for points of Practice should we look that way what a confusion should we find in most parts of Europe occasioned by no other ground than the entertainment of these Principles and the scattering of these positions amongst the people Witness the Civil Wars of France the revolt of Holland the expulsion of the Earl of East-Friezland the insurrections of the Scots the Tumults of Bohemia the commotions of Brandenburg the translation of the Crown of Sweden from the King of Pole to Charles Duke of Finland the change of Government in England all acted by the Presbyterian or Calvinian party in those several States under pretence of Reformation and redress of grievances And to say truth such is the Genius of the Sect that though they may admit an Equal as parity is the thing most aimed at by them both in Church and State yet they will hardly be persuaded to submit themselves to a Superiour to no Superiours more unwillingly than to Kings and Princes whose persons they disgrace whose power they ruinate whose calling they endeavour to decry and blemish by all means imaginable First for their calling they say it is no other than an humane Ordinance and that the King is but a creature of the peoples making whom having made they may as easily destroy and unmake again Which as it is the
c. convenit ut per consilium testimonium ejus omne legis scitum Burgi mensura omne pondus sit secundum dictionem ejus institutum that is to say it belongeth of right unto the Bishop to promote Justifice in matters which concern both the Church and State and unto him it appertaineth that by his counsel and award all Laws and Weights and Measures be ordained throughout the Kingdom 2. Next we will have recourse to the old Record entituled Modus tenendi Parliamentum In which it is affirmed ad Parliamentum summoneri venire debere Archiepiscopos Episcopos Abbates Priores alios majores cleri qui tenent per Comitatum aut Baroniam ratione hujusmodi tenurae Modus tenendi Parliament that all the Archbishops Bishops Abbats Priors and other Prelates of the Church who hold their Lands either by an Earls fee or a Barons fee were to be summoned and to come to Parliament in regard of their Tenure 3. Next look we on the chartularies of King Henry the first recognized in full Parliament at Clarendon under Henry the 2d where they are called avitas consuetudines which declare it thus Archiepiscopi Episcopi universae personae qui de Rege tenent in Capite habeant possessiones suas de Rege sicut Baroniam c. sicut caeteri Barones debent interesse juditiis Curiae Regis cum Baronibus quousque perveniatur ad diminutionem membrorum vel ad mortem Matth. Paris in Hen. 2. The meaning is in brief that Archbishops Bishops and all other Ecclesiastical persons which hold in Capite of the King are to have and hold their Lands in Barony and that they ought as Barons to be present in all Judgments with the other Barons in the Court of Parliament until the very sentence of death or mutilation which was very common in those times was to be pronounced And then they commonly did use to withdraw themselves not out of any incapacity supposed to be in them by the Law of England but out of a restraint imposed upon them by the Canons of the Church of Rome 4. In the great Charter made by King John in the last of his Reign we have the Form of summoning a Parliament and calling those together who have Votes therein thus expressed at large Ad habendum commune consilium Regni de auxilio assidendo c. de scutagiis assidendis faciemus summoneri Archiepiscopos Episcopos Abbates Comites Majores Barones Regni sigillatim per literas nostras Et praeterea summoneri faciemus in generali per Vice Comites Ballivos nostros omnes alios qui in Capite tenent ad certum diem Id. in Joh. sc ad terminum 40. dierum ad minus ad certum locum c. In which we have not only a most evident proof that the Bishops are of right to be called to Parliament for granting Subsidies and Escuago and treating of the great Affairs which concern the Kingdom but that they are to be summoned by particular Letters as well as the Earls and Barons or either of them A Form or copy of which summons issued in the time of the said King John is extant on Record and put in print of late in the Titles of Honour Pr. 2. c. 5. And we have here I note this only by the way a brief intimation touching the Form of summoning the Commons to attend in Parliament and the time of 40 days expresly specified to intervene between the summons and the beginning of the Parliament Which Commons being such as anciently did hold in Capite and either having a Knights fee or the degree of Knighthood did first promiscuously attend in these publick meetings and after were reduced to four quatuor discretos milites de Comitatu tuo Id. ibid. as the Writ ran unto the Sheriff and at last to two as they continue to this day 5. We have it thus in the Magna Charta of King Henry the 3d. the birth-right of the English Subject according as it stands translated in the book of Statutes First we have granted to God and by this our present charter have confirmed for us and our heirs for ever that the Church of England shall be free Magna Charta ca. 1. and shall enjoy all her whole Rights and Liberties inviolable But it was a known Right and Liberty of the Church of England that all the Bishops and many of the greater Clergy and peradventure also the inferiour Clergy whereof more anon had their Votes in Parliament and therefore is to be preserved inviolable by the Kings of England their heirs and Successors for ever Which Charter as it was confirmed by a solemn Curse denounced on all the Infringers of it by Boniface Archbishop of Canterbury Matth. Paris in Henr. 3. and ratified in no fewer than 30 succeeding Parliaments so was it enacted in the reign of Edward the first that it should be sent under the great Seal of England to all the Cathedral Churches of the Kingdom to be read twice a year before the people 25 Edw. 1. c. 2. 28 Edw. 1. c. 1. 25 Edw. 1. c. 3. that they should be read four times every year in a full County-Court and finally that all judgments given against it should be void 6. We have the Protestation of John Stratford Archbishop of Canterbury in the time of King Edward the 3d. who being in disfavour with the King and denied entrance into the House of Peers â—â—llenged his place and suffrage there as the first Peer of the Realm and one that ought to have the first Voice in Parliament in right of his See But hear him speak his own words which are these that follow Amici for he spake to those who took witness of it Rex me ad hoc Parliamentum scripto suo vocavit ego tanquam major Par Regni post Regem primam vocem habere debens in Parliamento jura Ecclesiae meae Cantuariensis vendico Antiqu. Britan. in Joh. Stratford ideo ingressum in Parliamentum peto which is full and plain 7. And lastly there is the Protestation on Record of all the Bishops in the reign of King Richard the 2d at what time William Courtney was Arch-bishop of Canterbury who being to withdraw themselves from the House of Peers at the pronouncing of the sentence of death on some guilty Lords first made their Procurators to supply their rooms and then put up their Protestation to preserve their Rights the sum whereof for as much as doth concern this business in their own words thus De jure consuetudine regni Angliae ad Archiepiscopum Cantuariensem qui pro tempore fuerit necnon caeteros Suffraganeos confratres compatres Abbates Priores aliosque Prelatos quoscunque per Baroniam de domino Rege tenentes pertinet in Parliamentis Regis quibuscunque ut Pares regni praedicti personaliter interesse ibidemque de
regni negotiis ac aliis tractari consuetis cum caeteris dicti regni Paribus aliis ibidem jus interessendi habentibus consulere tractare ordinare statuere diffinire ac caetera facere quae Parliamento ibidem imminent facienda In vita Gul. Courtney This put together makes enough abundantly for the proofs de jure and makes the Bishops right to have Vote in Parliament to be undeniable Let us next see whether this right of theirs be not confirmed and countenanced by continual practice and that they have not lost it by discontinuance which is my second kind of proofs those I mean de facto And first beginning with the reign of the Norman Conqueror we find a Parliament assembled in the fifth year of that King wherein are present Episcopi Abbates Comites Primates toties Angliae the Bishops Abbots Earls and the rest of the Baronage of England Matth. Paris in Williglmo 1. In the 9th year of William Rufus an old Author telleth us de regni statu acturus Episcopos Abbates quoscunque Regni proceres in unum praecepti sui sanctione egit that being to consult of the affairs of the Kingdom he called together by his Writ the Bishops Abbots and all the Peers of the Realm Eadmer hist Nov. l. 2. During the reign of Henry the 2d for we will take but one Example out of each Kings reign though each Kings reign would yield us more a Patliament was called at London wherein were many things dispatched as well so Ecclesiastical as secular nature the Bishops and Abbots being present with the other Lords Coacto apud Londoniam magno Episcoporum Procerum Abbatumque Concilio multa ecclesiasticarum secularium rerum ordinata negotia decisa litigia saith the Monk of Malmesbury Malmesb. hist reg Angl. l. 5. And of this Parliament it is I take it that Eadmer speaketh Hist Novel l. 4. p. 91. Proceed we to King Henry the 2d for King Stephens reign was so full of Wars and Tumults that there is very little to be found of Parliaments and there we find the Bishops with the other Peers convened in Parliament for the determination of the points in controversie between Alfonso K. of Castile and Sancho K. of Navarre referred by compremise to that King of England and here determined by K. Henry amongst other things habito cum Episcopis Comitibus Baronibus cum deliberatione consilio as in Roger Hoveden Hoveder Annal pars posterin Hen. 2. Next him comes Richard the first his Son during whose imprisonment by the D. of Austria his Brother John then Earl of Moriton endeavoured by force and cunning in Normandy to set the Crown on his own head which caused Hubert the Arch-bishop of Canterbury to call a Parliament Convocatis coram eo Episcois Comitibus Baronibus regni wherein the Bishops Id in Joh. Earls and Barons did with one consent agree to seiz on his Estate and suppress his power the better to preserve the Kingdom in wealth peace and safety After succeded John and he calls a Parliament wherein were certain Laws made for the defence of his Kingdom Communi assensu Archiepiscoporum Episcoporum Comitum Baronum omnium fidelium suorum Angliae by the common Council and assent of the Arch-bishops Bishops Earls Barons and the rest of his Leiges Remember what was said before touching the Writ of Summons in the said Kings time From this time till the last Parliament of King Charles there is no Kings reign of which we have not many though not all the Acts of Parliament still in print amongst us Nor is there any Act of Parliament in the printed Books to the enactig of the which the Bishops approbation and consent is not plainly spectified either in the general Prome set before the Acts or in the body of the Act it self as by the books themselves doth at large appear And to this kind of proof may be further added the form and manner of the Writ by which the Prelates in all times have been called to Parliament being the very same verbatim with that which is directed to the Temporal Barons save that the Spiritual Lords are commanded to attend to the service in fide dilectione the Temporal in fide homagio and of late times in fide legeantia A form or copy of which summons as ancient as King Johns time V. Titles of Hon. pt 2. c. 5. is still preserved upon Record directed nominatim to the Arch-bishop of Canterbury and then a scriptum est similiter to the residue of the Bishops Abbots Earls and Barons Then add the Priviledg of Parliament for themselves and their servants during the time of the Sessions the liberty to kill and take one or two of the Kings Deer as they pass by any of his Forests in coming to the Parliament upon his commandment Charta de Foresta cap. Cambden in Britannia their enjoying of the same immunities which are and have been heretofore enjoyed by the Temporaal Barons and tell me if the Bishops did not sit in Parliament by as good a Title and have not sat there longer by some hundreds of years in their Predecessors as or than any of the Temporal Lords do sit or have sat there in their Progenitours and therefore certainly Essential Fundamental parts of the Court of Parliament But against this it is objected first that some Acts have passed in Parliament to which the Prelates did not Vote not could be present in the House when the Bill was passed as in the sentencing to death or mutilation of a guilty person as doth appear both by the Laws and constitutions recognized at Clarendon and the following practice This hath been touched on before and we told you then that this restraint was laid upon them not by the Common Law of England or an Act or Ordinance of the House of Peers by which they were disabled to attend that service It was their own voluntary Act none compelled them to it but only out of a copnformity to some former Canons ad sanctorum Canonum instituta Antiqu. Brit. in Gul. Conrineâ— Constitut Othobon fol. 45. as their own words are by which it was not lawful for the Clergy-men to be either Judges or Assessors in causa Sanguinis And yet they took such care to preserve their Interests that they did not only give their Proxies for the representing of their persons but did put up their Protestation with a salvo jure for the preserving of their rights for the time to come jure Paritatis interessendi in dicto Parliamento quaod omnia singula ibi exercenda in omnibus semper salvo Antiqu. Britan. in Gul. Courtney as the manner was Examples of the which are as full and frequent as their withdrawing themselves on the said occasions But then the main Objection is that as some Acts have passed in Parliament absentibus Praelatis when the Bishops
did absent themselves of their own accord so many things have been transacted in the Parliament excluso Clero when the Clergy have been excluded or put out of the House by some Act or Ordinance A precedent for this hath been found and published by such as envied that poor remnant of the Churches honour though possibly they will find themselves deceived in their greatest hope and that the evidence will not serve to evince the cause The Author of the Pamphlet entituled The Prerogative and practice of Parliaments first laying down his Tenet that many good Acts of Parliament may be made though the Arch-bishops and Bishops should not consent unto them which is a point no man doubts of Printed at London 16.8 p. 37. consideriong how easily their Negative may be over-ruled by the far greater number in the House of Peers adds that at a Parliament holden at St. Edmundsbury 1196. in th reign of Edw. 1. a Statute was made by the King the Barons and the Commons Excluso Clero and for the proof hereof refers us unto Bishop Jewel Now Bishop Jewel saith indeed that in a Parliament solemnly holden at St. Edmundsbury by King Edward 1. An 1296. the Arch-bishops and Bishops were quite shut forth and yet the Parliament held on and good and wholesome Laws were there enacted the departing or absence of the Lords Spiritual notwithstanding In the Records whereof it is written thus Defence of the Apolog. pt 5. c. 2. §. 1. Habito Rex cum Baronibus suis Parliamento Clergo excluso statutum est c. the King keeping the Parliament with his Barons the Clergy that is to say the Arch-bishops and Bishops being shut forth it was enacted c. Wherein who doth not see if he hath any eyes that by this reason if the proof be good many good Acts of Parliament may be made though the Commons either out of absence or opposition should not consent unto them of whose consent unto that Statute whatsoever it was there is as little to be found in that Record as the concurrence of the Bishops But for Answer unto so much of this Record so often spoken of and applauded as concerns the Bishops we say that this if truly senced as I think it be not was the particular Act of an angry and offended King against his Clergy not to be drawn into Example as a proof or Argument against a most clear known and undoubted right The case stood thus A Constitution had been made by Boniface the 8th Ne aliqua collecta ex Ecclesiasticis proventibus Regi aut cuivis alii Principi concedatur Matth. Westm in Edw. 1. that Clergy-men should not pay any Tax or Tallage unto Kings or Princes our of their Spiritual preferments without the leave of the Pope under pretence whereof the Clergy at this Parliament at St. Edmundsbury refused to be contributory to the Kings occasions when the Lay-Members of the House had been forwards in it The King being herewith much offended gives them a further day to consider of it adjourning the Parliament to London there to begin on the morrow after St. Hilaries day and in the mean time commanded all their Barns to be fast sealed up The day being come and the Clergy still persisting in their former obstinacy excluso è Parlamento Clero Concilium Rex cum solis Baronibus c populo habuit totumq Antiq. Brit. in R. Winchelsey statim Clerum protectione sua privavit the King saith the Historian excluding the Clergy out of the Parliament advised with his Barons and his people only what was best to be done by whose advice he put the Clergy out of his protection and thereby forced them to conform to his will and pleasure This is the summa totalis of the business and comes unto no more but this that a particular course was advised in Parliament on a particular displeasure taken by the King against the body of his Clergy then convened together for their particular refusal to contribute to his wants and Wars the better to reduce them to their natural duty Which makes not any thing at all against the right of Bishops in the House of Peers or for excluding them that House or for the validity of such Acts as are made in Parliament during the time of such exclusion especially considering that the King shortly after called his States together Wlsingh in Edw. 1. Anno 1297. and did excuse himself for many extravagant Acts whch he had committed against the liberties of the Subject whereof this was one laying the blame thereof on his great occasions and the necessities which the Wars which he had abroad did impose upon him And so much as in answer unto that Record supposing that the words thereof be rightly senced as I think they are not and that by Clerus there we are to understand Arch-bishops and Bishops as I think we be not there being no Record I dare boldly say it either of History of Law in which the word Clerus serve to signifie the Arch-bishops and Bishops exclusive of the other Clergy or any writing whatsoever wherein it doth not either signifie the whole Clergy generally or ther inferiour Clergy only exclusive of the Arch-bishops Bishops and other Prelates Therefore in answer unto that so much applauded Cavil of Excluso Clero from what Record soever it either hath been hitherto or shall hereafter be produced I shall propose it to the consideration of the sober Reader whether by Clerus in that place or in any other of that kind and time we must not understand the inferiour Clergy as they stand distinguished in the Laws from my Lords the Bishops For howsoever it be true that Clerus in the Ecclesiastical notion of the word doth signifie the whole Clergy generally Arch-bishops Bishops Priests and Deacons yet in the legal notion of it it stands distinguished from the Prelates and signifieth only the inferiour Clergy Thus do we find the Ecclesiasticks of this Realm divided into Prelates men of Religion and other Clerks 3. Edw. 1. c. 1. the Seculars either into Prelates and Clerks 9 Edw. 2. c. 3. 1 Rich. 2. c. 3. or Prelates and Clerks Beneficed 18 Edw. 3. c. 2. or generally into the Prelates and the Clergy 9 Edw. 2. c. 15. 14 Edw. 3. c. 1. 3. 18 Edw. 3. 2.7 25 Edw. 3.2.4 8 Hen. 6. c. 1. and in all acts and grants of Subsidies made by the Clergy to the Kings or Queens of England since the 32 of Henry 8. when the Clergy Subsidies first began to be confirmed by Act of Parliament So also in the Latin ideom Regist Warham Regist Cranmer Statut. ◠Eliz c. 17. ever since Stat. 1. Phil. Mar. c. 8. which comes nearest home Nos Praelati Clerus in the submission of the Clergy to King Henry VIII and in the sentence of divorce against Anne of Cleve and in the instrument of the grant of the grant of the
Clergy Subsidies presented to the Kings of England ever since the 27th of Queen Elizabeth and in the form of the Certificates per Praelatos Clerum returned by every Bishop to the Lord High Treasurer and finally Nos Episcopi Clerus Cantuariensis Provinciae in hac Synodo more nostro solito dum Regni Parliamentum celebratur congregati in the Petition to K. K. Philip and Mary about the confirmation of the Abby Lands to the Patentees So that though many Statutes have been made in these later times excluso Clero the Clergy that is to say the inferiour Clergy being quite shut out and utterly excluded from those publick Councils yet this proves nothing to the point that any Act of Parliament hath been they either were shut out by force or excluded by cunning As for Kilbancies book which that Author speaks of Proing pract of Parl. p. 38. in which the Justices are made to say 7 H. 8. that our Sovereign Lord the King may well hold his Parliament by him and his Temporal Lords and by the Commons also without the Spiritual Lords for that the Spiritual Lords have not any place in the Parliament Chamber by reason of their Spiritualties but by reason of their Temporal possessions Besides that it is only the opinion of a private man of no authority or credit in the Common-wealth and contrary to the practice in the Saxon times in which the Bishops sate in Parliament as Spiritual persons not as Barons the reason for ought I can see will serve as well to pretermit all or any of the Temporal Lords as it can serve to pretermit or exclude the Bishops the Temporal Lords being called to Parliament on no other ground than for the Temporal possessions which they hold by Barony If it be said that my second answer to the argument of Excluso Clero supposeth that the inferior Clergy had some place in Parliament which not to be supposed makes the Answer void I shall crave leave to offer some few observations unto the consideration of the sober and impartial Reader by which I hope to make that supposition probable and perhaps demonstrative First then we have that famous Parliament call it Concilium magnum or Concilium commune or by what other name soever the old Writers called it summoned by King Ethelbert Concil Hen. Speiâ—â— Anno 605. which my Author calleth Commune concilium tam Cleri quam Populi where Clerus comprehendeth the body of the Clergy generally as well the Presbyters as the Bishops as the word populus doth the lay-subject generally as well Lords as Commons or else the Lords and Commons one of the two must needs be left out And in this sense we are to understand these words in the latter times Matth. Paris in Hen. 1. as where we read that Clerus Angliae populus Vniversus were summoned to appear at Westminister at the Coronation of King Henry the first where divers Laws were made and declared subscribed by the Arch-bishops Bishops and others of the principal persons that were there assembled Rong Hov. in Hen. 2. that Clero populo convocato the Clergy and People of the Realm were called to Clarendon Anno 1163. by King Henry II. for the declaring and conforming of the Subjects liberties that in the year 1185. towards the latter end of the said Kings Reign Convocatus est Clerus populus cum tota Nobilitate ad fontem Clericorum Matth. Paris in Hen. 2. the Clergy Commons and Nobility were called unto the Parliament held at Clerkenwell and finally that a Parliament was called at London in which the Arch-bishop of Canterbury was present cum toto Clero tota secta Laicali Quadrilog ap Selden Tit. of Hon. pt 2. c. 5. in the time of King John Hitherto then the Clergy of both ranks and orders as well as Populus or tota secta Laioalis the Subjects of the Laity or the Lords and Commons had their place in Parliament And in possession of this right the Clergy stood when the Magna Charta was set out by King Henry III. wherein the Freedoms Rights and Priviledges of the Church of England of which this evidently was one was confirmed unto her of the irrefragable and inviolable authority whereof we have spoken before Magna Charta cap. 1. The Cavil of Excluso Clero which hath been used against the Voting of the Bishops in the House of Peers comes in next for proof that the inferiour Clergy had their place or Vote with the House of Commons if in those times the Lords and Commons made two Houses which I am not sure of the Clergy could not be excluded in an angry fit or out of a particular design to deprive them of the benefit of the Kings protection if they had not formerly a place amongst them and if we will not understand by Clerus the inferior Clergy which much about that time as before we shewed began to be the legal English of the word we must needs understand the whole Clergy generally the Clergy of both ranks and orders But our main proofs are yet to come which are these that follow First it is evident that antiently the Clergy of each several Diocess were chargeable by Law for the expences of their Proctors in attending the service of the Parliament according as the Counties were by Common law since confirmed by Statute 23 H. 6. c. 11. to bear the charges of their Knights the burroughs and Cities of their Representees which questionless the Laws had not taken care for but that the Clergy had their place in Parliament as the Commons had Rotul Patent 26 Ed. 3. pt 1. 1. M. 22. And this appears by a Record of 26th of King Edward III. in which the Abbot of Leicester being then but never formerly commanded to attend in Parliament amongst others of the Regular Prelates petitioned to be discharged from that attendance in regard he held in Frank-Almoigne only by no other tenure Which he obtained upon this condition ut semper in Procuratores ad hujusmodi Parliamenta mittendos consentiat ut moris est eorundem expensis contribuat that is to say that he and his Successors did give their Voices in the choice of such Procurators as the Clergy were to send to Parliament and did contribute towards their charges as the custom was Next in the Modus tenendi Parliamentum which before we spake of there is a modus convocandi Clerum Angliae ad Parl. Regis Modus tenendi Parl. Ms. V. Titles of hon pt 2. a form of to the Court of Parliament said to be used in the time of Edward the Son of Ethelred presented to the Conqueror and by him observed which shews the Clergy in those times had their place in Parliament Which being but a general inference shall be delivered more particularly from the Modus it self which informs us thus Rex est caput principium finis Parliamenti
c. The King is the Head Modus tenendi Parl. Ms. c. 12. the beginning and end of the Parliament and so he hath not any equal in the first degree the second is of Arch-bishop Bishops and Priors and Abbots holding by Barony the third is of Procurators of the Clergy the fourth of Earls Barons and other Nobles the fifth is of Knights of the Shire the sixth of Citizens and Burgesses and so the whole Parliament is made up of these six degrees But the said Modus tells us more and goeth more particularly to work than so For in the ninth Chapter speaking of the course which was observ'd in canvassing hard and difficult matters it telleth us that they used to choose 25 out of all degrees like a grand Committee to whose consideration they referred the point that is to say two Bishops and three Proctors for the Cleergy two Earls three Barons fire Knights five Citizens and as many Burgesses And in the 12th that on the fourth day of the Parliament the Lord High Steward the Lord Constable and the Lord Marshal were to call the House every degree or rank of men in its several Order and that if any of the Proctors of the Clergy did not make appearance the Bishop of the Diocess was to be fined 100 l. and in the 23d Chapter it is said expresly that as the Knights Citizens and Burgesses in things which do concern the Commons have more Authority than all the Lords so the Proctors for the Clergy in things which do concern the Clergy have more Authority than all the Bishops Preface to the 9th part of Reports Which Modus if it be as antient as the Norman Conqueror as both Sir Edward Coke conceiveth and the title signifieth it sheweth the Clergies claim to a place in Parliament to be more antient than the Commons can pretend unto but if no older than the Reign of King Edward III. as confidently is affirmed in the Titles of Honour Titles of hon pt 2. c. 5. it sheweth that in the usage of those latter times the Procurators of the Clergy had a right and place there as well as Citizens and Burgesses or the Knights of the Shires And this is further proved by the Writs of Summons directed to the Arch-bishops and Bishops for their own coming to the Parliament in the end whereof there is a clause for warning the Dean and Chapter of their Cathedrals and the Arch-deacons with the whole Clergy to be present at it that is to say the Deans and Arch-deacons personally the Chapter and Clergy in their Proctours then and there to consent to such Acts and Ordinances as shall be made by the Common Council of the Kingdom The whole clause word for word is this Praemunientes Priorem Capitulum or decanum Capitulum Extant ibid. pt 2. c. 5. as the case might vary Ecclesiae vestrae N. ac Archidiacanos totumque Clerum vestrae Dioceseos quod iidem Decanus Archidiaconi in propriis personis suis ac dictum Capitulum per unum idemque Clerus per duos Procuratores idoneos plenam sufficientem potestatem ab ipsis Capitulo Clero habentes praedicto die loco personaliter intersint ad consentiendum iis quae tunc ibidem de communi consilio ipsius Regni nostri divina favente clementia contigerit ordinari Which clause being in the Writs of King Edward I. and for the most part of the Reign of his next Successors till the middle of King Richard the second at which time it began to be fixt and formal hath still continued in those Writs without any difference almost between the Syllables to this very day Id. ibid. Now that this clause was more than Verbal and that the Proctors of the Clergy did attend in Parliament is evident by the Acts and Statutes of King Richard the second the passages whereof I shall cite at large the better to conclude what I have in hand The Duke of Glocester and the Earl of Arundel having gotten the mastery of the King obtained a Commission directed to themselves and others of their nomination Statut. 21 R. 2. c. 2. to have the rule of the King and his Realm and having their Commission confirmed by Parliament in the 11. year of his reign did execute divers of his Friends and Ministers and seized on their Estates as forfeited But having gotten the better of his head-strong and rebellious Lords in the one and twentieth of his reign he calls a Parliament in the Acts whereof it is declared That on the Petition of the Commons of the assent of all the Lords Spiritual and Temporal and of the Proctors of the Clergy Ibid. c. 2. he repealed the said Statute and Commission and with the assent of the said Lords and Commons did ordain and establish that no such Commission nor the like be henceforth purchased pursued or made This done the Heirs of such as had been condemned by vertue of the said Commision demanded restitution of their Lands and Honours And thereupon the Lords Spiritual and Temporal and the Procurators of the Clergy the Commons having prayed to the King before as the Appellants prayed severally examined did assent expresly that the said Parliament and all the Statutes Ibid. c. 12. c. and restitution made as afore is said And also the Lords Spiritual and Temporal the Procurators of the Clergy and the said Commons were severally examined of the Questions proposed at Nottingham and of the Answer which the Judges made unto the same which being read as well before the King and the Lords as before the Commons it was demanded of all the States of the Parliament what they thought of the Answers and they said that they were lawfully and duly made c. And then it followeth whereupon the King by the assent of the Lords Spiritual and Temporal and the Procurators of the Clergy and the said Commons and by the advice of the Justices and Sergeants aforesaid who had been asked their Opinion in point of Law ordained and established that the said Parliament should be annulled and held for none Add unto this that passage in the 9 of Edward 2. where it is said that many Articles containing divers grievances committed against the Church of England the Prelates and Clergy were propounded by the Prelates and Clerks of our Realm in Parliament and great instance made that convenient remedy might be appointed therein Proem ad articalos Cleri that of the complaints made to the King in Parliament by the Prelates and Clergy of this Realm 50 Ed. 3.5 8 Rich. 2. c. 13. and that of the Petition delivered to the King in the Parliament by the Clergy of England Selden hist of Tithes c. 8.33 4 Hen. 4. c. 2. And finally that memorable passage in the Parliament 51 Edw. 3. which in brief was this The Commons finding themselves agrieved as well with certain Constitutions made by the Clergy in
Successors of John of Gaunt cast many a longing eye on the Church revenues and hardly were persuaded to abstain from that height of sacriledg which Henry the 8. did after come to And this I am induced to believe the rather in regard that in the confirmation of the Churches rights so solemnly confirmed and ratified in all former Parliaments there was a clog put to or added in these times which shaked the Fabrick the confirmation being first of such rights and liberties as were not repealed 3 Hen. 5. cap. 1. 4 Hen. 5. cap. 1. and afterwards of such as by the Common Law were not repealable 2 Hen. 6. cap. 1. which might go very far indeed And secondly I find that in the 8. of Henry the 6. an Act of Parliament was passed that all the Clergy called to Convocation by the Kings Writ and their servants and Family shall for ever hereafter fully use and enjoy such liberty and defence in coming tarrying and returning as the great men and Commonalty of the Realm of England called to the Kings Parliament do enjoy 8 Hen. 6. cap. 1. c. Which being an unnecessary care or caution when the Clergy had their Voice in Parliament and very necessary to be taken formerly if they had never had such Voice makes me conceive that it was much about this time that they lost that priviledg But this I leave as a conjecture and no more than so For answer to the second Argument that if they had been called of old ad consentiendum we should have found more frequent mention of their consent unto the Acts and Statutes of the former times besides that it is a Negative proof and so non concludent it strikes as much against the presence and consent of the Knights and Burgesses in the elder Parliaments as it can do against the Clergy For in the elder Parliaments under King Henry 3. and K. Edward the first there is no mention of the Commons made at all either as preent or consenting nor much almost in all the Parliaments till King Henry 7. but that they did petition for redress of grievance and that upon their special instance and request several Laws were made for the behoof and benefit of the Common-wealth In the Proem to the severall Sessions which part the Clergy also acted in some former Parliaments as before was shewed So that this negative Argument must conclude against both or neither But secondly I answer that in these elder times in which the Proctors for the Clergy had their place in Parliament they are included generally in the name of the Commons And this I say on the Authority of the old modus tenendi Parliamentum in which the Commons are divided in the Spiritualty and the Temporalty and where it is expresly said that the Proctors for the Clergy the Knights the Citizens and the Burgesses did represent the whole commonalty of the Realm of England Cap. ult And this holds good in Law for ought I find unto the contrary to this very day Certain I am that Crompton in his book of the Jurisdiction of Courts where he speaks of Parliaments doth tell us that the Knights Citizens Burgesses and Barons of the Cinque-ports ove le Clergie qu' eux assemble au Pawles Crompton Jurisd des Courts Car. represent le corps de tout le Comminalty Dengliterre together with the Clergy which assembled at S. Pauls do represent the body of the whole Commonalty of England So then the Clergy were not only called but were present also according to that clause in the Writ of Summons which before I spake of directed to their several and respective Bishops as the Kings spiritual Sheriffs if I may so say enabled by the Laws to that end and purpose Which some endeavouring to avoid have at last found out that the clause before recited out of the Writ to the Bishops is not a calling of the Clergy to attend in Parliament but to command them to attend in the Convocation which I have heard much pressed by those who pretend unto some knowledg in the course of things Which though it be a gross mistake and inconsistent with the words and circumstances of the Writ it self which relates meerly to the Parliament and business of a Parliamentarie nature yet for the clearing of the point and undeceiving such as have been deceived they may please to know thta besides this Writ by which the Clergy are commanded to appear in Parliament there is another Writ and another Form of calling them unto the service of the Convocation which is briefly this The King sends out his Writ or Mandat to the Arch-bishop of Canterbury requiring him super quibusdam arduis urgentibus negotiis Regist Warham c. for divers great and weighty reasons cocnerning the Kings Honour the Churches safety and the publick peace of his Dominions to summon all the Bishops Deans and Chapters Arch-deacons and the whole Clergy of his Province to meet in Convocation at a day and place appointed On the reception of which Writ thge Arch-bishop sendeth out his Monitory to the Bishop of London who by his place in Dean of the Episcopal Colledg Antiqu. Britan. in initio and to disperse the Mandates of the Metropolitan requiring him to appear himself in person and to send out his Warrant unto every Bishop of the Province to appear there also and to take order that the Deans of the Cathedrals and Arch-decaons personally the Chapter of one Procurator the Clergy of the Diocese by two whom we usually call Clerks of the Convocation do attend that service Which coming to the hands of each several Bishop the do accordingly give intimation to their Deans and Chapters Regist Warham and to their Arch-deacons and the Clergy and they accordingly prepare themselves to obey the Monitory and to return certificate of their doings in it The like proceeding is observed also for the Province of York So that the calling of the Clergy to the Convocation being by a different Writ and another Form which hath no reference to nor dependance on the Writs directed by the King to each several Bishop for their attendance in the Parliament it must needs be as I conceive it that by that clause remaining in the Writs aforesaid the Clergy have good right and Title to a Voice in Parliament though they have lost their jus in re the benefit the use and possession of it But I speak this as once the Apostle said in another case not by commandment but by permission For I persaude my self the Clergy do not aim so high at the recovery of a right so long antiquated and disused but would be well enough content with the restitution of the Bishops to their Vote in Parliament of which they stood possessed by so strong a Title as the very constitution of the Parliament and the fundamental Laws of the English Government could confer upon them For though the Bishops sat in
without incurring the crimes of Treason or Disloyalty not only to oppose but resist them in it The like to which occurrs for the Realm of Hungary wherein K. Andrew gives Authority to his Bishops Lords Bonfinius de Edict publ p. 37. and other Nobles sine nota alicujus infidelitatis that without any imputation of Disloyalty they may contradict oppose and resist their Kings if they do any thing in violation of some Laws and sanctions In Poland the King takes a solemn Oath at his Coronation to confirm all the Priviledges Rights and Liberties which have been granted to his Subjects of all ranks and Orders by any of his Predecessors and then adds this clause quod si Sacramentum meum violavero incolae Regni nullam nobis obedientiam praestare tenebuntur which if he violates his Subjects shall no longer be obliged to yield him Obedience Which Oath as Bodin well observeth Bodin de Rep. lib. 2. cap. 8. doth savour rather of the condition of the Prince of the Senate than of the Majesty of a King The like may be affirmed of Frederick the first King of Danemark who being called unto that Crown on the ejection of K. Christian the 2d An. 1523. was so conditioned with by the Lords of the Kingdom that at his Coronation or before he was fain to swear that he would put none of the Nobility to death or banishment but by the judgment of the Senate that the great men should have power of life or death over their Tenants and Vassals and that no Appeal should lie from them to the Kings Tribunal nor the King be partaker of the confiscations nec item honores aut imperia privatis daturum Id. ibid. c. nor advance any private person to Commands or Honours but by Authority of his great Council Which Oath being also taken by Frederick the second made Bodinus say that the Kings of Danemark non tam reipsa quam appellatione Reges sunt were only titular Kings but not Kings indeed Which Character he also gives of the King of Bobemia Id. ibid. p. 88. But in an absolute Monarchy the case is otherwise all the prerogatives and rights of Sovereignty being so vested in the Kings person ut nec singulis civibus nec universis fas est c. that it is neither lawful to particular men nor to the whole body of the Subjects generally to call the Prince in question for Life Fame or Fortunes Id. ibid. p. 210. and amongst these he reckoneth the Kingdoms of France Spain England Scotland the Tartars Muscovites omnium pene Africae Asiae imperiorum and of almost all the Kingdoms of Africk and Asia But this we shall the better see by looking over the particulars as they lie before us But first before we come unto those particulars we will look backwards on the condition and Authority of the Jewish Sanbedrim which being instituted and ordained by the Lord himself may serve to be a leading Case in the present business For being that the Jews were the Lords own people and their King honoured with the Title of the Lords Anointed it will be thought that if the Sanhedrim or the great Council of the seventy had any Authority and power over the Kings of Judah of whose jus Regni such a larger description is made by God himself in the first of Sam. cap. 8. the three Estates may reasonably expect the like in these parts of Christendom Now for the Authority of the Sanhedrim it is said by Cardinal Baronius that they had power of Judicature over the Law the Prophets and the Kings themselves Baron Annai Eccl. An. 31. sect 10. Erat horum summa autoritas ut qui de lege cognoscerent Prophetis simul de Regibus judicarent Which false position he confirms by as false an instance affirming in the very next words horum judicio Herodem Regem postulatum esse that King Herod was convented and convicted by them for which he cites Josphus with the like integrity I should have wondred very much what should occasion such a gross mistake in the learned Cardinal had I not shewn before that as he makes the Sanhedrim to rule the King so he hath made the high Priest to rule the Sanhedrim which to what purpose it was done every man can tell who knoweth the Cardinal endeavoureth nothing more in his large Collections than to advance the dignity and supremacy of the Popes of Rom. But for the power pretended to be in the Sanhedrim Id. in Epist dedicator and their proceedings against Herod as their actual King Josephus whom he cites is so far from saying it that he doth expresly say the contrary For as Josephus tells the story Hyrcanus was then King not Herod and Herod of so little hopes to enjoy the Kingdom that he could not possibly pretend any Title to it But having a command in Galilee procured by Antipater his Father of the good King Hyrcanus he had played the wanton Governor amongst them and put some of them to death against Law and Justice For which the Mothers of the slain 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 did often call upon the King and people in the open Temple 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. that Herod might answer for the murther before the Sanhedrim Joseph Antiq. Judic l. 14. cap. 17. Which being granted by the King he was accordingly convented by them and had been questionless condemned had not the King who loved him dearly given him notice of it on whose advertisement he went out of the Town and so escaped the danger This is the substance of that story and this gives no Authority to the Court of Sanhedrim over the persons or the actions of the Kings of Judah Others there are who make them equal to the Kings though not superiour Magnam fuisse Senatus autoritatem Regiae velut parem saith the Learned Grotius Grotius in Matth. cap. 5. v. 22. And for the proof thereof allege those words of Sedechias in the Book of Jeremy who when the Princes of his Realm required of him to put the Prophet to death Jerem. 38.5 returned this Answer Behold he is in your hand Rex enim contra vos nihil potest for the King is not he that can do any thing against you Which words are also cited by Mr. Prynne to prove that the King of England hath no Negative Voice but by neither rightly For Calvin who as one observeth composed his Expositions on the book of God according to the Doctrine of his Institutions would not have lost so fair an evidence for the advancing of the power of his three Estates Prynne of Parl. pt 2. p. 73. Hookers Preface had he conceived he could have made it serviceable to his end and purpose But he upon the contrary finds fault with them who do so expound it or think the King did speak so honourably of his Princes ac si nihil iis sit
no appeal but only to the whole body of that Court the King Case of our Assairs p. 7 8. and both the Houses the Head and Members But this they do not as the upper House of Parliament but as the distinct Court of the Kings Barons of Parliament of a particular and ministerial jurisdiction to some intents and purposes and to some alone which though it doth invest them with a power of judicature confers not any thing upon them which belongs to Sovereignty Then for the Commons all which the Writ doth call them to is facere consentire to do and consent unto such things which are ordained by the Lords and Common Council of the Kingdom of England and sure conformity and consent which is all the Writ requireth from them are no marks of Sovereignty nor can an Argument be drawn from thence by the subtlest Sophister to shew that they are called to be partakers of the Sovereign power or that the King intends to denude himself of any branch or leaf thereof to hide their nakedness And being met together in a body collective they are so far from having any share in Sovereignty that they cannot properly be called a Court of Judicature as neither having any power to minister an Oath Id. p. 9. or to imprison any body except it be some of their own Members if they see occasion which are things incident to all Courts of Justice and to every Steward of a Leet insomuch that the House of Commons is compared by some and not incongruously unto the Grand Inquest at a general Sessions whose principal work it is to receive Bills and prepare businesses Review of the Observat p. 22. and make them fit and ready for my Lords the Judges Nay so far were they heretofore from the thoughts of Sovereignty that they were lyable to sutes and punishments for things done in Parliament though only to the prejudice of a private Subject until King Henry VIII most graciously passed a Law for their indemnity For whereas Richard Strode one of the company of Tinners in the County of Cornwall being a Member of the Commons House had spoken somewhat to the prejudice of that Society and contrary to the Ordinances of the Stanneries at his return into the Country he was Arrested Fined Imprisoned Complaint whereof being made in Parliament the King passed a Law to this effect viz. That all suites condemnations 4 Hen. 8. c. 8. executions charges and impositions put or hereafter to be put upon Richard Strode and every of his Complices that be of this Parliament or any other hereafter for any Bill speaking or reasoning of any thing concerning the Parliament to be communed and treated of shall be void and null But neither any reparation was allowed to Strode nor any punishment inflicted upon those that sued him for ought appears upon Record And for the Houses joyned together which is the last capacity they can claim it in they are so far from having the supream Authority that as it is observed by a learned Gentleman they cannot so unite or conjoyn as to be an entire Court either of Sovereign or Ministerial jurisdiction no otherwise co-operating than by concurrence of Votes in their several Houses for preparing matters in order to an Act of Parliament Case of our Affairs p. 9. Which when they have done they are so far from having any legal Authority in the State as that in Law there is no stile nor form of their joynt Acts nor doth the Law so much as take notice of them until they have the Royal Assent So that considering that the two Houses alone do no way make an entire Body or Court and that there is no known stile nor form of any Law or Edict by the Votes of the two Houses only nor any notice taken of them by the Law it is apparent that there is no Sovereignty in their two Votes alone How far the practice of the Lords and Commons which remain'd at Westminster after so many of both Houses had repaired to the King c. may create Precedents unto Posterity I am not able to determine but sure I am they have no Precedent to shew from the former Ages But let us go a little further and suppose for granted that the Houses either joynt or separate be capable of the Sovereignty were it given unto them I would fain know whether they claim it from the King or the People only Not from the King for he confers upon them no further power than to debate and treat of his great Affairs to have access unto his person freedom of speech as long as they contain themselves within the bounds of Loyalty authority over their own Members Hakewell of passing Bills in Parliament which being customarily desired and of course obtained as it relates unto the Commons shews plainly that these vulgar priviledges are nothing more the rights of Parliament than the favours of Princes but yet such favours as impart not the least power of Sovereignty Nor doth the calling of a Parliament ex opere operato as you know who phrase it either denude the King of the poorest robe of all his Royalty or confer the same upon the Houses or on either of them whether the King intend so by his call or otherwise For Bodin whom Mr. Prynn hath honoured with the title of a grand Politician Prynn of Parliament par 2. p. 45. Bodin de Repub doth affirm expresly Principis majestatem nec Comitorum convocatione nec Senatus populique praesentia minui that the Majesty or Sovereignty of the King is not a jot diminished either by the calling of a Parliament or Conventus Ordinum or by the frequency and presence of his Lords and Commons Nay to say truth the Majesty of Sovereign Princes is never so transcendent and conspicuous as when they sit in Parliament with their States about them the King then standing in his highest Estate as was once said by Henry VIII who knew as well as any of the Kings of England how to keep up the Majesty of the Crown Imperial Nor can they claim it from the People who have none to give for nemo dat quod non habet as the saying is The King as hath been proved before doth hold his Royal Crown immediately from God himself not from the contract of the People He writes not populi clementia but Dei gratia not by the favour of the People but by the grace of God The consent and approbation of the People used and not used before the day of Coronation is reckoned only as a part of the solemn pomps which are then accustomably used The King is actually King to all intents and purposes in the Law whatever immediatly on the death of his Predecessor Nor ever was it otherwise objected in the Realm of England till Clark and Watson pleaded it at their Arraignment in the first year of King James Speeds History in K James Or grant
way of a Petition to the Kings most excellent Majesty in which the Lords and Commons do most humbly pray as their Rights and Liberties that no such things as they complained of might be done hereafter that his Majesty would vouchsafe to declare that the Awards doings and proceedings to the prejudice of his people in any of the premises shall not be drawn hereafter into consequence or example and that he would be pleased to declare his Royal pleasure that in the point aforesaid all his Offieers and Ministers should serve him according to the Laws and Statutes of this Realm To which although the King returned a fair general Answer assuring them that his Subjects should have no cause for the time to come to complain of any wrong or oppressions contrary to their just Rights and Liberties yet this gave little fatisfaction till he came in person and causing the Petition to be distinctly read by the Clerk of the Crown Ibid. returned his Answer in these words Soit droit fait come est desire that is to say let right be done as is desired Which being the very formal words by which the said Petition and every clause and Article therein contained became to be a Law and to have the force of an Act of Parliament and being there is nothing spoken of the concurrent Authority of the Lords and Commons for the enacting of the same may serve instead of many Arguments for the proof of this that the Legislative power as we phrase it now is wholly and solely in the King although restrained in the exercise and use thereof by constant custom Smith de Rep. Angl. unto the counsel and consent of the Lords and Commons Le Roy veult or the King will have it so is the imperative phrase by which the Propositions of the Lords and Commons are made Acts of Parliament And let the Lords and Commons agitate and propound what Laws they please for their ease and benefit as generally all Laws and Statutes are more for the ease and benefit of the Subject than the advantage of the King yet as well now as formerly in the times of the Roman Emperors Quod Principi placuerit legis habet vigorem nothing but that which the King pleaseth to allow of is to pass for Law the Laws not taking their coercive force as judicious Hooker well observeth from the quality of such as devise them but from the Power which giveth them the strength of Laws Pooker Ecclesiast Pol. I shut up this Discourse with this expression and comparison of a late Learned Gentleman viz That as in a Copyhold Estate the Copyholder of a meer Tenant at will comes by custom to gain an Inheritance and so to limit and restrain the will and power of the Lord that he cannot make any determination of the Copyholders Estate otherwise than according to the custom of the Mannour and yet doth not deprive the Lord of his Lordship in the Copyhold nor participate with him in it neither yet devest the Fee and Franktenement out of the Lord Case of our Affairs p. 6. but that they still remain in him and are ever parcel of his Demesn so in the restraining of the Kings Legislative power to the concurrence of the Peers and Commons though the custom of the Kingdom hath so fixed and setled the restraint as that the King cannot in that point use his Sovereign power without the concurrence of the Peers and Commons according to the custom of the Kingdom yet still the Sovereignty and with it the inseparable Legislative power doth reside solely in the King If any hereupon demand to what end serve Parliaments and what benefit can redound to the Subject by them I say in the Apostles words much every way Rom. 3.2 Many vexations oftentimes do befall the Subjects without the knowledg of the King and against his will to which his Ears are open in a time of Parliament The King at other times useth the Eyes and Ears of such as have place about him who may perhaps be guilty of the wrongs which are done the people but in a Parliament he seeth with his own Eyes and heareth with his own Ears and so is in a better way to redress the mischief than he could be otherwise Nor do the people by the opportunity of these Parliamentary meetings obtain upon their Prayers and Petitions a redress of grievances only but many times the King is overcome by their importunity to abate so much of his Power to grant such points and pass such Laws and Statutes for their ease and benefit as otherwise he would not yield to For certainly it is as true in making our approaches and Petitions to our Lord the King as in the pouring out of our Prayers and supplications to the Lord our God the more multitudinous and united the Petitioners are the more like to speed And therefore said Bodinus truly Principem plaeraque universis concedere quae singulis denegarentur Bodin de Rep. l. 1. c. 8. that Kings do many times grant those favours to the whole body of their people which would be absolutely denied or not so readily yielded to particular persons There are moreover many things of greater concernment besides the abrogating of old Laws and making new which having been formerly recommended by the Kings of England to the care and counsel of their people convened in Parliament are not now regularly dispatched but in such Conventions as are altering the Tenure of Lands confirming the Rights Titles and possessions of private men naturalizing Aliens legitimating Bastards adding sometimes the secular Authority to such points of Doctrine and Forms of Worship as the Clergy have agreed upon in their Convocations if it be required changing the publick weights and measures throughout the Kingdom defining of such doubtful cases as are not easily resolved in the Courts of Law raising of Subsidies and Taxes attainting such as either are too potent to be caught or too hard to be found and so not triable in the ordinary Courts of Justice restoring to their Bloud and Honours such or the Heirs of such as have been formerly attainted granting of free and general Pardons with divers others of this nature In all and each of these the Lords and Commons do co-operate to the publick good Sir Tho. Smith de Rep. Angl. Cambden in Brit. Crompt of Courts c. in the way of means and preparation but their co operation would be lost and fruitless did not the King by his Concomitant or subsequent grace produce their good intentions into perfect Acts and being Acts either of special Grace and Favour or else of ordinary Right and Justice no way derogatory to the Prerogative Royal are usually confirmed by the Royal assent without stop or hesitancy But then some other things there are of great importance and advantage to the Common-wealth in which the Houses usually do proceed even to final sentence the Commons in the way of
inquisition or Impeachment the Lords in that of Judicature and determination with the consent and approbation of the King though many times without his personal assent and presence The King may be abused in his Grants and Patents to the oppression of the people or the dilapidation and destruction of the Royal Patrimony Judges and other the great Officers of Law and Equity are subject to corruptions and may smell of gifts whereby the passages of Justices do become obstructed The Ministers of inferiour Courts as well Ecclesiastical as Civil either exhaust the miserable Subject by Extortions or else consume him by delays Erroneous judgments may be given through fear or favour to the undoing of a man and his whole posterity in which his Majesties Justices of either Bench can afford no remedy The great Ones of the State may become too insolent and the poor too miserable and many other ways there are by which the Fabrick of the State may be out of Order for the removing of which mischiefs the rectifying of which abuses the Lords and Commons in their several ways before remembred are of special use yet so that if the King's Grants do come in question or any of his Officers are called to a reckoning they used heretofore to signifie unto his Majesty what they found therein and he accordingly either revoked his Grants or displaced his Servants or by some other means gave way unto their contentment the Kings consent being always necessary and received as a part of the final sentence if they went so far So that we may conclude this point with these words of Bodin who being well acquainted with the Government of this State and Nation partly by way of Conference with Dr. Dale the Queens Ambassadour in France and partly in the way of observation when he was in England doth give this resolution of the point in Controversie Bodin de Repub l. 1. o. 8. Habere quidem Ordines Anglorum authoritatem quandam jura vero majestatis imperii summam in unius Principis arbitrio versari The States saith he of England have a kind of Authority but all the Rights of Sovereignty and command in chief are at the will and pleasure of the Prince alone And to say truth although the Lords and Commons met in Parliament are of great Authority especially as they have improved it in these later times yet were they never of such power but that the Kings have for the most part over-ruled them and made them pliant and conformable to their own desires and this not only by themselves but sometimes also by their Judges by their Council often For such was the great care and wisdom of our former Kings as not to venture single on that numerous Body of the two Houses of Parliament whereby the Sovereignty might be so easily over-matched but to take with them for Affistants as well the Lords of their Privy Council with whom they might advise in matters which concerned them in their Sovereign Rights as their learned Council as they call them consisting of the Judges and most eminent Lawyers from whom they might receive instruction as the case required and neither do nor suffer wrong in point of Law and by both these as well as by the power and awe of their personal presence have they not only regulated but restrained their Parliaments And this is easily demonstrable by continual practice 4 Ed. 1. For in the Statute of Bigamie made in the fourth year of King Edward I. it is said expresly That in the prefence of certain Reverend Fathers Bishops of England and others of the Kings Council the Constitutions under-written were recited and after published before the King his Council forasmuch as all the Kings Council as well Justices as others did agree that they should be put in writing and observed In the Articuli super Chartas when the Great Charter was confirmed at the request of the Prelates 28 Ed. 1. c. 2. Earls and Barons we find these two claufes the one in the beginning thus Nevertheless the King and his Council do not intend by reason of this Statute Ibid. c. 20. to diminish the Kings right c. The other in the clofe of all in these following words And notwithstanding all these things mentioned or any part of them both the King and his Council and all they which were present at the making of this Ordinance do will and intend that the Right and Prerogative of his Crown shall be saved in all things In the 27th of King Edward the 3d. The Commons presenting a Petition to the King 27 Ed. 3. which the Kings Council did mislike were content thereupon to mend and explain their Petition the Form of which Petition is in these words following To their most redoubted Sovereign Lord the King praying the Commons that whereas they have prayed him to be discharged of all manner of Articles of the Lyre c. which Petition seemeth to his Council to be prejudicial unto him and in disherison of his Crown if it were so generally granted his said Commons not willing not desiring to demand things of him which should fall in disherison of him or of his Crown perpetually as of Escheats c. but of Trespasses Misprifions Negligences and Ignorances c. In the 13th of the reign of King Richard the 2d when the Commons did pray that upon pain of forfeiture the Chancellor or Council of the King should not after the end of the Parliament make any Ordinance against the Common Law 13 Rich. 2. the King by the advice of his Council answered Let it be used as it hath been used before this time so as the Regality of the King be saved for the King will save his Regalities 4 Hen. 4. as his Predecessors have done In the 4th year of King Henry IV. when the Commons complained against Sub-poenae's and other Writs grounded upon false suggestions the King upon the same advice returned this Answer that he would give in charge to his Officers that they should abstain more than before time they had to send for his Subjects in that manner But yet saith he it is not our intention that our Officers shall so abstain that they may not send for our Subjects in matters and causes necessary as it hath been used in the time of our good Progenitors Finally not to bring forth more particulars in a case so clear it was the constant custom in all Parliaments till the Reign of King Henry V. that when any Bill had passed both Houses Henr. 5. and was presented to the King for his Royal Assent the King by the abvice of his Privy Council or his Council learned in the Laws or sometimes of both did use to cross out and obliterate as much or as little of it as he pleased to leave out what he liked not and confirmed the rest that only which the King confirmed being held for Law And though in the succeeding
things are commanded to all men both Priests and Monks and not to temporal men only which he declareth in the beginning when he said Let every soul be subject to the highest powers although thou be an Apostle although thou be an Evangelist although thou be a Prophet although thou be whatsoever thou art Which said he gives this reason for it That Religion is not overthrown by this subjection If no Apostle could pretend to an exemption from those common duties which Subjects owe unto their Princes then certainly the Pope who pretends to sit in Peters Chair and to challenge all the priviledges which belonged unto him must needs be in as great subjection to a Christian Emperor as the Apostles were in their times to any Heathen King If those things were required of Priests and Monks as he says they were then must the Papal Clergy whether they be Monastick or secular Priests perform those duties and yield that due obedience unto those Kings and Princes under whom they live which are here required But so it is that partly by strong hand and partly by taking their opportunities in the darker Ages of the Church the Pope hath not only freed his Clergy from the power of Princes in matters even of Civil nature and concernment but challengeth for himself a power above them and exercised it for a long time with great pride and Tyranny contrary to the Apostles Rule and the Fathers Commentary If to Evangelist or Prophet could challenge any such exemption as the Father plainly saith they could not then much less can the Presbyterian Minister pretend unto it though he be both a Prophet and an Evangelist also in his own conceit Which notwithstanding the Scotish Presbyterians had got unto so great a head in the minority of King James in all matters which related to Ecclesiastical congnizance and to that cognizance they reduced all matters they commonly declin d the Kings judgment and his Courts of Judicature as altogether incompetent appealing from them either to their own Presbyteries or to the next general Assembly of their own appointing and standing so wilfully to those Appeals that some of them had like to have paid dear for it after that Kings coming into England if the King had not been more merciful to them than that they deserved at his hands If no man whatsoever he be can lawfully acquit himself from this subjection as is said by Chrysostom what will become of Calvins popular Magistrates and of the great Authority which he gives them over Kings and Princes those popular Officers being included equally with the rest of the people in St. Pauls injunction It s true that Calvins popular Officers may seem to have some colour for it both from our English Translation and the vulgar Latin by which obedience is required sublimioribus potestatibus to the higher powers and all such popular Officers whatsoever they be may warrantably be lookt upon as higher powers in respect of the residue of the people But first the words in the Original viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 do not so properly signifie the higher as the supream powers and so the word is rendâ—ed in the first of S. Peter cap. 1. ver 13. in which submission is required to every Ordinance of man for the Lords sake whether it be unto the King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as to the Supream or unto such as are sent by him c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith S. Peter in the singular 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith S. Paul in the plural number both words proceeding from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Nominative Case and consequently being of the same sense and signification But secondly permitting them the benefit of these Translations yet will they find but little colour for that coercive power that Sovereign Authority and Jurisdiction which Calvin hath assigned to the three Estates or any other popular Officers over Kings and Princes For though such popular Officers may warrantably be lookt upon as higher powers in respect of the residue of the people as before was said yet are they lower powers in respect of the King from whom as they receive all the Authority which they have whatsoever it be so unto him they are to render an accompt of their actings in it whensoever he pleaseth So that these popular Officers may be compar'd not unntly unto the Genera subalterna in the Schools of Logick each of them being subordinate to one another the Constable to the Mayor or Bayliff in a Corporate Town or to the Justices of the Peace in the County at large the Mayors and Justices to the Judges in their several Circuits the Judges in their several Circuits and their Courts of Judicature to the Lord Chancellor for the time being and he unto the three Estates when convened in Parliament till they end all in genus summum in that supream power which is subordinate to none and unto which the rest are Species subalternae as the Logicians phrase it in their several Orders till they end all in Specie infimâ even in the lowest of the People Less comfort can I give them from the Apostle of the Jews from the words of St. Peter in which submission is required as before was said to every ordinance of man whether it be unto the King as unto the Supream or unto Governors as unto them that are sent by him for the punishment of evil doers and for the praise of them that do well Now those which are thus authorised and sent by Kings to the ends and purposes before mentioned may very properly be resembled unto Jehosophats Commissioners in the Kingdom of Judah or the itinerary Judges in the Realm of England 2 Chron. 17.7 and can neither claim nor exercise any other Authority than what in their Commissions and instructions is assigned unto them And certainly no King did or will ever grant any such Commission whereby his Under-officers and Inferior Magistrates may challenge any power above him or exercise any jurisdiction or Authority over him If any thing in this Text may be thought to favour Calvin in this strange opinion it is that Kings are said to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 humana creatura saith the vulgar Latin an Ordinance of Man as the English read it and being but a Creature of the Peoples making the rest may think themselves as good men as he The Rhemists will have Kings to be called humane Creatures because Elected by the people or holding their Sovereignty by birth and carnal propagation ordained for the wealth peace and prosperity of the Subjects to put a difference betwixt that humane Superiority and the spiritual Rulers and Regiments guiding and governing the people to an higher end and instituted by God himself immediately Christ having expresly constituted the form of Regiment used ever since in the Church Whereunto Dr. Fulk for want of a better doth return this Answer viz. That though there be great difference between the government of
together Ex hisce simul sanè ex primo secundo libro hoc satis puto constabit per Annos amplius M. M. M. M. tam sacrorum regimen qua forense esset atque à functione facrâ ritè distinctum quam profanorum five res spectes five personas juxta jus etiam divinum ex Ecclesiae Judaicae populorumque Dei anteriorum disciplinâ perpetuâ ad eosdem attinuisse judices seu Magistratus ejusdem Religionis atque ad synedria eadem neutiquam omnino ex juris istius instituto aliquo sacrorum prosanorum instar Ecclesiarum seu Spiritualium laicorum seu teorporalium Nominibus nullatenus discriminata Seld. de syn praefat libr. secundi And so it did till Pope Nicolas made the one independent upon the other So that their disunion is a Popish Innovation for till his time the Judges of Church and State ever sate together affairs Sacred and Religious were scan'd and determined in the morning and those that were Secular and Civil in the afternoon There was not till that time any clashing between Moses and Aaron no prohibitions out of one Court to stop or evacuate the proceedings of another and then it was that Justice run down like a stream and Righteousness like a mighty River If it be said that there are many corruptions among Church-men and especially in Ecclesiastical Courts The answer is That Callings must be distinguish'd from persons or else those two noble professions of Law and Physick will fall under the same condemnation with Divinity No man of any sobriety will condemn either of those professions because there are some Empericks in the World who kill mens Bodies and some Petifoggers that intangle and ruine their Estates And I hope Divines may have some grains of allowance granted them as well as the Inns of Court and Chancery and the College of Physicians if they cannot let that Calling which is most innocent cast the first stone It cannot be hoped that there will in this Age be a Revival of the primitive usage of these two Jurisdictions But yet this ought to be seriously regarded by all who have any belief of a Deity and regard for their native Country I mean that either our English Monarchs might be totally excused from their Coronation-Oath or not be put upon a necessity of violating thereof Their Oath in favour of the Clergy is that they will grant and keep the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward their Predecessor according to the Laws of God Rushw Hist Collect. part 1◠pag. 204. the true profession of the Gospel established in this Kingdom agreeable to the Prerogative of the Kings thereof and the Ancient customs of the Realm But how this Oath is observed when the Bishops are infringed in their ancient and indisputable priviledges let it be considered by all persons of sober mind and principles And let it be declared what order of men in the whole Nation the King can rely upon with so much safety and confidence as upon the Bishops and that not only upon the account of their Learning Wisdom Sanctity and Integrity qualifications not every day to be met withal in State-Politicians but upon the score of Gratitude and Interest For 't is from their Prince that they derive their Honours Dignities Titles Revenues Priviledges Power Jurisdictions with all other secular advantages and upon this account there is greater probability that they will be faithful to his Concerns and Interests than those who receive nothing from him but the common advantages of Government But this argument is known too well by our Anti-Episcopal Democraticks And perhaps 't is the chief if not the only reason of their enmity against an Order of men of so sacred and venerable an Institution As for this little Treatise the Author of it is too well known unto this Nation to invite any Scholar to peruse it It was written when the Bishops were Voted by the House of Lords not to be of the Committee in the Examination of the Earl of Strafford For then it was that Dr. Heylyn considered the case and put these few Sheets as a MSS. into the hands of several of the Bishops that they might be the better enabled to assert and vindicate their own Rights It was only intended for private use and therefore the Reader is not to expect so punctual an accuracy as he may find in other Treatises of this Learned Author It has been perused by some persons of good Eminency for judgment and station in the Church of England and by them approved and commended All that is wished by the Publisher is that it may produce the effects which he proposes to himself in exposing it to publick view and that those Lords who are now Prisoners in the Tower and from whose tryal some have laboured to exclude the Bishops were able to give unto the World as convincing Evidence of their Innocency as that great and generous States man did who fell a Sacrifice to a prevailing Faction and whose Innocent Blood was so far from being a lustration to the Court as some thought it would have proved as it drew after it such a deluge of Gore as for many preceding years had never been spilt in this Kingdom But 't is not my design or desire to revive any of the Injustice or Inhumanities of the last Age. Suffice it to say that it was for this Apostolical Government of Bishops that King Charles the First lost his Kingdoms his Crown his Life And the exclusion of Bishops from Voting in causes of blood was the prologue to all those Tragical mischiefs that happened to that Religion and Renowned Prince And those who have the least veneration for his present Majesty cannot certainly conceive him a King of such slender and weak abilities as to permit Himself and Family to be ruined by those very methods with which his Father was before him De jure Paritatis Episcoporum OR The Right of Peerage vindicated to the BISHOPS OF ENGLAND SINCE the restoring of the Bishops to their place and Vote in the House of Peers I find a difference to be raised between a Peer of the Realm and a Lord of the Parliament and then this Inference or Insinuation to be built upon it that though the Bishops are admitted to be Lords of Parliament yet they are not to be reckoned amongst the Peers of the Realm the contrary whereof I shall endeavour to make good in this following Essay and that not only from the Testimony of approved Writers but from unquestioned Records Book-Cases Acts of Parliament and such further Arguments as may be able to evince the point which we have in hand But first perhaps it may be said that there is no such difference in truth and verity betwixt a Lord of Parliament and a Peer of the Realm but that we may conclude the the Bishops to be Peers of the Realm if they be once admitted to
be Lords of Parliament concerning which take this from Chief Justice Coke where he affirms that only a Lord of Parliament shall be tryed by his Peers being Lords of Parliament and neither Noblemen of any other Countrey nor others that are called Lords and are no Lords of Parliament are accounted Peers that is to say Peers within this Statute he meaneth the Magna Charta or Great Charter of England the ground of all our Laws and Liberties to this very day by which it seems that he conceived a Peer and a Lord of Parliament to be terms equivalent every Peer of the Realm being a Lord of Parliament and every Lord of Parliament a Peer of the Realm which clearly takes away the pretended difference that is made between them But secondly admit the distinction to be sound and solid yet it will easily be proved that Bishops are not only Lords of Parliament but Peers of the Realm In order whereunto we must take notice of some passages in our former Treatise touching the Bishops place and Vote in Parliament that is to say that from the first planting of the Gospel in the Realms of England parcelled at that time amongst several Kings the Bishops always had the principal place in their Common Councils which the Saxons call by the name of Wittenegemote or the Assembly of wise men and afterwards in the time of the Normans took the name of Parliaments In all which Interval from Ethelbert the first Christian King of Kent in the year of our Lord 605. till the death of Edward the Confessor which happened in the year 1066 no Common Council of the Saxons had been held without them and all this while they held their Courts by no other Tenures than purâ perpetuâ Eleemosynâ franke Almoigne as our Lawyers call it discharged from all Attendances upon secular Services And therefore they could sit there in no other Capacity than ratione officii spiritualis Dignitatis in regard of their Episcopal function which as it raised them to an height of eminence in the eye of the people so it was probably presumed that they were better qualified than the rest of the Subjects as the times then were for Governing the great Affairs of the Common-wealth But when the Norman Conqueror had attained the Crown he thought it an improvident Course to suffer so much of the Lands of the Nation as then belonged unto the Prelates whether Bishops or Abbots in the Right of their Churches to be discharged from doing service to the State And therefore he ordained them to hold their Lands sub militari servitute either in Capite or by Baronage or some such military hold whereby they were compellable to aid the Kings in all times of War with Men Arms and Horses as the Lay-subjects of the same Tenure were required to do Concerning which our Learned Antiquary out of Matthew Paris informs us thus viz. Cambden Brit. fol. 123. Rex enim Gulielmus Episcopatus Abbatias quae Baronias tenebant in purâ perpetuâ Eleemosynâ catenus ab omni servitute militari libertatem habuerunt sub servitute statuit militari Irrotulans singulos Episcopos Abbatias pro voluntate sua quot milites sibi successoribus hostilitatis tempore à singulis voluit exhiberi Which though at first it was conceived to be a great Disfranchisement and an heavy burden to the Prelacy yet Cambden very well observes that it conduced at last to their greater honour in giving them a further Title to their place in Parliament a claim to all the Rights of Peerage and less obnoxious to Disputes if considered rightly than that which formerly they could pretend to so that from this time forwards we must look upon them in all English Parliaments not only as Bishops in the Church but as Peers and Barons of the Realm of the same Tenure and therefore of the same preheminence with the Temporal Lords Which certainly must be the Reason that the Bishops of the Isle of Man are not called to Parliament because they hold not of the King by Barony as the rest of the English Bishops do but hold the whole Estate in Lands from the Earl of Darby Thus also saith a Learned Lawyer Coke Institut part 2. f. 3. Every Arch-bishoprick and Bishoprick in England are of the Kings foundation and holden of the King per Baroniam and many Abbots and Priors of Monasteries were also of the Kings foundation and did hold of him per Baroniam and in this Right the Arch-bishops and Bishops and such of the Abbots and Priors as held per Baroniam and were called by Writ to Parliament were Lords of Parliament And yet not Lords of Parliament only but Peers and Barons of the Realm as he shall call them very shortly on another occasion In the mean time we may observe that by this changing of their Tenure the Bishops frequently were comprehended in the name of Barons and more particularly in that passage of Magna Charta Coke Institut part 2. fol. 23. where it is said Comites Barones non amercientur nisi per pares suos that Earls and Barons are not to be amerced but by their Peers concerning which the said Great Lawyer tells us thus viz. That though this Statute as he calls it be in the negative yet long use hath prevailed against it for now the Amerciament of the Nobility is reduced to a certainty viz. a Duke 10 l. an Earl 5 l. a Bishop that hath a Barony 5 l. where plainly Bishops must be comprehended in the name of Barons and be amerced by their Peers as the Barons were though afterwards their Amerciaments be reduced to a certainty as well as those of Earls and Barons in the times succeeding And then if Bishops be included in the name of Barons and could not be legally amerced but by their Peers as neither could the Earls or Barons by the words of this Charter it must needs follow that the Bishops were accounted Peers as well as any either of the Earls or Barons by whom they were to be Amerced And for the next place we may behold the Constitutions made at Clarendon the tenth year of King Henry the 2d Matth. Paris in Hen. 2d Anno 1164. in which it was declared as followeth viz. Archiepiscopi Episcopi universae personae Regni qui Rege tenent in Capite habeant possessiones suos de Rege sicut Baroniam inde respondeant Justiciariis Ministris Regis sicut caeteri Barones debent interesse Curiae Regis cum Baronibus quousque perventum sit ad diminutionem membrorum vel ad mortem Where first I think that those words universae personae are to be understood of none but Ecclesiastical persons according to the notion of the word persona in the Common Law and so to comprehend the Regular Clergy as well as the Arch-bishops and Bishops But secondly if we must understand it of the Laity also it
X. The Form of ministring the Sacrament of the blessed Eucharist described by Dionysius the Areopagite Page 100 XI That of the ministring of the Sacrament of holy Baptism described by him and seconded by the Constitutions ascribed to Clemens Page 101 XII Places appointed in this Age of Gods publick Worship and honoured with the name of Churches Page 103 CHAP. VI. What doth occur concerning Liturgies and Set Forms of Worship betwixt the death of the Apostles and the Empire of Constantine the Great I. The Form observed in Baptism and administration of the Eucharist and in celebrating of the Sundays service according unto Justin Martyr Page 105 II. The order used in Baptism and in the publick meetings of the Congregations in Tertullians time Page 106 III. That in those times the use of Psalms and Hymns was intermingled with the other parts of publick Worship Page 107 IV. Tertullian cleared from a wrong sense imposed on him in the point of Worship by some late Writers ibid. V. The course and order of the Ministration according to the Author of the Constitutions who lived about those times in their account who placed him latest Page 108 VI. The order of reading holy Scripture in the Congregation prescribed and regulated in those times Page 109 VII Proofs for a publick Liturgy or set Form of prayer from the works of Origen Page 110 VIII As also from the Writings of Saint Cyprian Page 111 IX Touching the Form of Prayer prescribed by the Emperour Constantine for the use of his Army Page 112 X. That prescribed Forms of prayer were not occasioned by the Arian or Pelagian Heresies as it is supposed Page 113 XI What was decreed conducing to set Forms of prayer in the antient Counâ—il of Laodicea ibid. XII Several Offices or Forms of prayer at that time in use agreeably unto the several sorts of people in the Congregation Page 114 XIII A list of several solemn Festivals appointed by the Church for Gods publick Worship in those early days Page 116 XIV Churches erected by the Christians in these two Ages for the publick duties of Religion ibid CHAP. VII Apparent proofs for Liturgies and Set Forms of Worship betwixt the Reign of Constantine and St. Austins death I. The Form of Baptism described by Cyril of Hierusalem conform unto the antient Patterns Page 118 II. As also of administring the blessed Eucharist Page 119 III. Conclusive proofs for Liturgies or set Forms of Worship in Saint Basils time ibid. IV. And from the Writings of Saint Chrysostom Page 120 V. The Liturgies of Chrysostom and Basil vindicated and the Objections answered which are made against them Page 121 VI. Liturgies or set Forms of Worship in the Western Churches by whom and what degrees established Page 122 VII Proofs for the intient Liturgies and prescribed Forms of Worship from Austins works Page 123 VIII What was decreed concerning Liturgies or prescribed forms of Worship in the African Councils Page 124 IX The Form of ordering Bishops Priests and Deacons prescribed and regulated Page 125 X. A prescribed form of Marriage and set Rites of Burial used anciently in the Church of Christ Page 126 XI Touching the Habit used of old by Gods Priests and Ministers in the officiating his divine service in the Congregation Page 127 XII Several Gestures used by Gods people in the Congregation according to the several parts of publick Worship Page 128 XIII A brief Essay concerning the Antiquity of the Gloria Patri the time when it was first made a part of the publick Liturgies and the accustomed Gestures at the pronouncing of the same Page 129 CHAP. VIII A Corollary touching the Dedication of Churches and of the Anniversary Feasts thereby occasioned 1. Dedication of Religious places used anciently by all Nations and the reasons why Page 133 2. A repetition of some things that were said before with reference and application to the point in hand Page 134 3. The Tabernacle consecrated by Gods own appointment and the consequents of it ibid. 4. Antiquity of the like Dedications amongst the Romans and by whom performed Page 135 5. The Form and Ceremonies used in those Dedications by the antient Romans Page 136 6. The antiquity and constant usage of such Dedications in the Church of Christ Page 137 7. Titulus and Encaenia what they signifie in the Ecclesiastical notion Page 138 8. The great Solemnities and Feasts used by the Jews and Gentiles in the Dedication of their Temples Page 139 9. As also by the Primitive Christians Page 140 10. Dedication Feasts made Anniversary by the Roman Gentiles Page 141 11. And by the Christians in the times of their greatest purity ibid. 12. Continued till our times in the Church of England Page 142 13. The conclusion of the whole and the Authors submission of it to the Supream Judg. Page 143 Of the Form of Prayer appointed to be used by Preachers before their Sermons 1. THE Introduction to the whole Page 148 2. The Canon of the year 1603. Page 149 3. The meaning and purpose of that Canon ibid. 4. The Injunction of Queen Elizabeth to the same effect ibid. 5. The Injunction of King Edward VI. to the same effect Page 150 6. The like Injunction of King Henry VIII ibid. 7. The ground and reason of the Injunction of that King and the exemplification of it in the practice of Bishop Latimer ibid. 8. The difference between Invocation and that bidding of Prayer which is required by the Canon Page 151 9. The Canon justified by the practice of Bishop Andrews Page 152 10. By the practice of Bishop Jewel in Queen Elizabeths time Page 153 11. By the practice of Arch-bishop Parker in King Edwards time ibid. 12. By the like practice of Bishop Latimer in that Kings time also Page 154 13. More of the practice of Bishop Latimer in this point ibid. 14. The same proved also by the practice of Bishop Gardiner Page 155 15. The result arising both from the precept and the practice of the Church herein ibid. 16. How the now Form of Prayer by way of Invocation was first taken up Page 156 17. No Prayer by way of Invocation used by the Antients in their Sermons Page 157 18. The Prayer appointed by the Canon and the Injunctions used rather heretofore as a part of the Sermon than as a preparation to it ibid. 19. Bidding of Prayer more consonant unto the meaning of the Law than any set Prayer in the way of Invocation Page 158 20. Bidding of Prayer more proper for the place or Pulpit which was not made for Prayer but for Exhortation ibid. 21. The like concluded from the posture of the Preacher also Page 159 22. Some inconveniences arising from the Form of Prayer by Invocation ibid. 23. More inconveniences of that nature by accusing the Liturgy as defective Page 160 24. The conclusion and submission of the whole to his Lordships judgment Page 161 The Undeceiving of the People in the point of Tithes 1. THAT never any
belong also to Bishops 14. And of Lay-people if they walk unworthy of their Christian calling ibid. 15. Conjectural proofs that the description of a Bishop in the first to Timothy is of a Bishop strictly and properly called Page 233 CHAP. VI. Of the estate of holy Church particularly of the Asian Churces toward the later days of Saint John the Apostle 1. The time of Saint Johns coming into Asia Page 235 2. All the seven Churches except Ephesus of his Plantation ibid. 3. That the Angels of those Churches were the Bishops of them in the opinion of the Fathers Page 236 4. And of some Protestant Divines of name and eminency ibid. 5. Conclusive Reasons for the same Page 237 6. Who is most like to the Angel of the Church of Ephesus ibid. 7. That Polycarpus was the Angel of the Church of Smyrna Page 238 8. Touching the Angel of the Church of Pergamus and of Thiatyra ibid. 9. As also of the Churches of Sardis Philadelphia and Laodicea Page 239 10. What Successors these several Angels had in their several Churches Page 240 11. Of other Churches founded in Episcopacy by Saint John the Apostle ibid. 12. Saint John deceasing left the Government of the Church to Bishops as to the Successours of the Apostles Page 241 13. The ordinary Pastors of the Church Page 242 14. And the Vicars of Christ Page 243 15. A brief Chronologic of the estate of holy Church in this first Century Page 244 PART II. CHAP. I. What doth occur concerning Bishops and the Government of the Church by them during the first half of the second Century 1. OF the condition of the Church of Corinth when Clemens wrote unto them his Epistle Page 249 2. What that Epistle doth contain in reference to this point in hand Page 250 3. That by Episcopi he meaneth Bishops truly and properly so called proved by the scope of the Epistle Page 251 4. And by a text of Scripture therein cited ibid. 5. Of the Episcopal Succession in the Church of Corinth Page 252 6. The Canons of the Apostles ascribed to Clemens what they say of Bishops Page 253 7. A Bishop not to be ordained under three or two at least of the same Order ibid. 8. Bishops not barred by these Canons from any Secular affairs as concern their Families Page 254 9. How far by them restrained from the employments of the Common-wealth ibid. 10. The jurisdiction over Presbyters given to the Bishops by those Canons Page 255 11. Rome divided into Parishes or tituli by Pope Euaristus Page 256 12. The reasons why Presbyteries or Colleges of Presbyters were planted first in Cities ibid. 13. Touching the superiority over all the flock given to the Bishop by Ignatius Page 257 14. As also of the Jurisdiction by him allowed them Page 258 15. The same exemplified in the works of Justin Martyr Page 259 CHAP. II. The setling of Episcopacy together with the Gospel in the Isle of Britain by Pope Eleutherius 1. What Bishops Egesippus met with in his Peregrination and what he testifieth of them Page 260 2. Of Dionysius Bishop of Corinth and of the Bishops by him mentioned ibid. 3. How Bishops came to be ordained where none were left by the Apostles Page 261 4. The setling of the Gospel in the Isle of Britain by Pope Eleutherius Page 262 5. Of the Condition of the Church of Britain from the first preaching of the Gospel there till the time of Lucius Page 263 6. That Lucius was a King in those parts of Britain which we now call England Page 264 7. Of the Episcopal Sees here founded by King Lucius at that time Page 265 8. Touching the Flamines and Arch-flamines which those Stories speak of ibid. 9. What is most like to be the reason of the number of the Arch-bishopricks and Bishopricks here of old established Page 266 10. Of the Successors which the Bishops of this Ordination are found to have on true Record Page 267 11. Which of the British Metropolitans was antiently the Primate of that Nation Page 268 CHAP. III. The Testimony given to Episcopal Authority in the last part of this second Century 1. The difference betwixt Pope Victor and the Asian Bishops about the Feast of Easter Page 269 2. The interpleading of Polycrates and Irenaeus two renowned Prelates in the aforesaid cause Page 270 3. Several Councils called about it by the Bishops of the Church then being with observations on the same ibid. 4. Of the Episcopal Succession in the four prime Sees for this second Century Page 271 5. An Answer to some Objections made against the same Page 272 6. The great authority and esteem of the said four Sees in those early days ibid. 7. The use made of this Episcopal Succession by Saint Irenaeus Page 273 8. As also in Tertullian and some other Antients Page 274 9. Of the authority enjoyed by Bishops in Tertullians time in the administration of the Sacraments Page 275 10. As also in enjoyning Fasts and the disposing of the Churches treasury ibid. 11. And in the dispensation of the Keys Page 276 12. Tertullian misalledged in maintenance of the Lay-Presbytery Page 277 13. The great extent of Christianity and Episcopacy in Tertullians time concludes this Century Page 278 CHAP. IV. Of the Authority in the Government of the Church of Carthage enjoyed and exercised by Saint Cyprian and other Bishops of the same 1. Of the foundation and preheminence of the Church of Carthage Page 279 2. Of Agrippinus and Donatus two of Saint Cyprian's Predecessors ibid. 3. The troublesome condition of that Church at Cyprian's first being Bishop there Page 280 4. Necessitated him to permit some things to the discretion of his Presbyters and consent of the People Page 281 5. Of the Authority ascribed by Cyprian to the People in the Election of their Bishop Page 282 6. What power the People had de facto in the said Elections ibid. 7. How far the testimony rf the People was required in the Ordination of their Presbyters Page 283 8. The power of Excommunication reserved by Saint Cyprian to the Bishop only Page 284 9. No Reconciliation of a Penitent allowed by Cyprian without the Bishops leave and licence Page 285 10. The Bishop's power as well in the encouragement as in the punishment and censure of his Clergy Page 286 11. The memorable case of Geminius Faustinus one of the Presbyters of Carthage Page 287 12. The Bishop's power in regulating and declaring Martyrs Page 288 13. The Divine Right and eminent Authority of Bishops fully asserted by Saint Cyprian Page 289 CHAP. V. Of the condition and affairs of the two Patriarchal Churches of Alexandria and Antiochia 1. Of the foundation and first Professors of the Divinity-School in Alexandria Page 290 2. What is affirmed by Clemens one of those Professors concerning Bishops Page 291 3. Origen the Divinity Reader there permitted to expound the Scriptures in the presence of the Bishop of Caesarea ibid. 4. Contrary to
name of Sunday often used for the Lords day by the primitive Christians but the Sabbath never Page 422 CHAP. III. That in the fourth Age from the time of Constantine to Saint Austine the Lords day was not taken for a Sabbath day 1. The Lords day first established by the Emperour Constantine Page 423 2. What labours were permitted and what restrained on the Lords day by this Emperours Edict Page 424 3. Of other Holy days and Saints days instituted in the time of Constantine Page 425 4. That weekly other days particularly the Wednesday and the Friday were in this Age and those before appointed for the meetings of the Congregation ibid. 5. The Saturday as highly honoured in the Eastern Churches as the Lords day was Page 426 6. The Fathers of the Eastern Churches cry down the Jewish Sabbath though they held the Saturday Page 427 7. The Lords day not spent wholly in Religious exercises and what was done with that part of it which was left at large Page 428 8. The Lords day in this Age a day of Feasting and that it hath been always deemed Heretical to hold Fasts thereon Page 429 9. Of Recreation on the Lords day and of what kind those Dancings were against the which the Fathers enveigh so sharply Page 430 10. Other Imperial Edicts about the keeping of the Lords day and the other Holy-days Page 432 11. The Orders at this time in use on the Lords day and other days of publick meeting in the Congregation Page 433 12. The infinite differences between the Lords day and the Sabbath Page 434 CHAP. IV. The great improvement of the Lords day in the fifth and sixth Ages make it not a Sabbath 1. In what estate the Lords day stood in S. Austins time Page 435 2. Stage plays and publick Shews prohibited on the Lords day and the other Holy days by Imperial Edicts Page 437 3. The base and beastly nature of the Stage-plays at those times in use Page 438 4. The barbarous bloody quality of the Spectacula or Shews at this time prohibited ibid. 5. Neither all civil business nor all kind of pleasure restrained on the Lords day by the Emperour Leo as some give it out The so much cited Canon of the Council of Mascon proves no Lords day Sabbath Page 440 6. The French and Spaniards in the sixth Age begin to Judaize about the Lords day and of restraint of Husbandry on that day in that Age first thought of Page 441 7. The so much cited Canon of the Council of Mascon proves no Lords day Sabbath Page 442 8. Of publick honours done in these Ages to the Lords day by Prince and Prelate Page 443 9. No Evening Service on the Lords day till these present Ages Page 444 10. Of publick Orders now Established for the better regulating of the Lords Day-meetings Page 445 11. All Business and Recreation not by Law prohibited are in themselves as lawful on the Lords day as on any other ibid. CHAP. V. That in the next six hundred years from Pope Gregory forwards the Lords day was not reckoned of as of a Sabbath 1. Pope Gregories care to set the Lords day free from some Jewish rigours at that time obtruded on the Church Page 447 2. Strange fancies taken up by some about the Lords day in these darker Ages ibid. 3. Scriptures and Miracles in these times found out to justifie the keeping of the Lords day Holy Page 448 4. That in the judgment of the most Learned in these six Ages the Lords day hath no other ground than the Authority of the Church Page 449 5. With how much difficulty the People of these times were barred from following their Husbandry and Law-days on the Lords day Page 450 6. Hüsbandry not restrained on the Lords day in the Eastern Parts until the time of Leo Philosophus Page 451 7. Markets and Handicrasts restrained with no less opposition than the Plough and Pleading Page 452 8. Several casus reservati in the Laws themselves wherein men were permitted to attend those businesses on the Lords day which the Laws restrained Page 453 9. Of divers great and publick actions done in these Ages on the Lords day Page 454 10. Dancing and other sports no otherwise prohibited on the Lords day than as they were an hinderance to Gods publick Service Page 455 11. The other Holy-days as much esteemed of and observed as the Lords day was Page 456 12. The publick hallowing of the Lords day and the other Holy-days in these present Ages Page 457 13. No Sabbath all these Ages heard of either on Saturday or Sunday and how it stood with Saturday in the Eastern Churches Page 458 CHAP. VI. What is the judgment of the School-men and of the Protestants and what the practice of those Churches in this Lords day business 1. That in the judgment of the School-men the keeping of one day in seven is not the moral part of the fourth Commandment Page 640 2. As also that the Lords day is not founded on Divine Authority but the Authority of the Church Page 461 3. A Catalogue of the Holy-days drawn up in the Council of Lyons and the new Doctrine of the Schools touching the native sanctity of the Holy-days Page 462 4. In what estate the Lords day stood in matter of restraint from labour at the Reformation Page 463 5. The Reformators find great fault both with the said new doctrine and restraints from labour Page 464 6. That in the judgment of the Protestant Divines the keeping of one day in seven is not the moral part of the fourth Commandment Page 465 7. As that the Lords day hath no other ground on which to stand than the Authority of the Church Page 466 8. And that the Church hath power to change the day and to transfer it to some other Page 467 9. What is the practice of all Churches the Roman Lutheran and Calvinian chiefly in matter of Devotion rest from labour and sufferance of lawful pleasures Page 468 10. Dancing cryed down by Calvin and the French Churches not in relation to the Lords day but the sport it self Page 470 11. In what estate the Lords day stands in the Eastern Churches and that the Saturday is no less esteemed of by the Ethiopians than the said Lords day Page 471 CHAP. VII In what estate the Lords day stood in this Isle of Britain from the first planting of Religion to the Reformation 1. What doth occur about the Lords day and the other Festivals amongst the Churches of the Brittans Page 472 2. Of the estate of the Lords day and the other Holy days in the Saxon Heptarchie Page 473 3. The honours done unto the Sunday and the other Holy-days by the Saxon Monarchs Page 474 4. Of the publick actions Civil Ecclesiastical mixt and Military done on the Lords day under the first six Norman Kings Page 476 5. New Sabbath doctrines broached in England in King Johns Reign and the miraculous original of the same
Page 477 6. The prosecution of the former story and ill success therein of the undertakers ibid. 7. Restraint of worldly business on the Lords day and the other Holy-days admitted in those times in Scotland Page 478 8. Restraint of certain servile works on Sundays Holy-days and the Wakes concluded in the Council of Oxon under Henry III. ibid. 9. Husbandry and Legal process prohibited on the Lords day first in the Reign of Edward III. Page 479 10. Selling of Wools on the Lords day and the solemn Feasts forbidden first by the said King Edward as after Fairs and Markets generally by King Henry VI. Page 480 11. The Cordwainers of London restrained from selling their Wares on the Lords day and some other Festivals by King Edward IV. and the repealing of that Act by King Henry VIII Page 481 12. In what estate the Lords day stood both for the doctrine and the practice in the beginning of the Reign of the said King Henry ibid. CHAP. VIII The story of the Lords day from the Reformation of Religion in this Kingdom till this present time 1. The doctrine of the Sabbath and the Lords day delivered by three several Martyrs conformably to the judgment of the Protestants before remembred Page 483 2. The Lords day and the other Holy-days confessed by all this Kingdom in the Court of Parliament to have no other ground than the Authority of the Church Page 484 3. The meaning and occasion of that clause in the Common-Prayer-book Lord have mercy upon us c. repeated at the end of the fourth Commandment Page 485 4. That by the Queens Injunctions and the first Parliament of her Reign the Lords day was not meant for a Sabbath day Page 486 5. The doctrine in the Homilies delivered about the Lords day and the Sabbath ibid. 6. The sum and substance of that Homily and that it makes not any thing for a Lords day Sabbath Page 487 7. The first original of the New Sabbath Speculations in this Church of England by whom and for what cause invented Page 489 8. Strange and most monstrous Paradoxes preached on occasion of the former doctrines and of the other effects thereof Page 490 9. What care was taken of the Lords day in King James his Reign the spreading of the doctrines and of the Articles of Ireland Page 491 10. The Jewish Sabbath set on foot and of King James his Declaration about Lawful sports on the Lords day Page 493 11. What Tracts were writ and published in that Princes time in opposition to the doctrines before remembred ibid. 12. In what estate the Lords day and the other Holy-days have stood in Scotland since the Reformation of Religion in that Kingdom Page 494 13. Statutes about the Lords day made by our present Sovereign and the misconstruing of the same His Majesty reviveth and enlargeth the Declaration of King James Page 496 14. An exortation to obedience unto his Majesties most Christian purpose concludes this History Page 497 Historia Quinqu-Articularis Or a Declaration of the Judgment of the Western Churches and more particularly of the Church of England in the five Controverted Points c. CHAP. I. The several Heresies of those who make God to be the Author of Sin or attribute too much to the Natural freedom of Man's Will in the Works of Piety 1. God affirmed by Florinus to be the Author of sin the Blasphemy encountred by Irenaeus and the foul Consequents thereof Page 505 2. Revived in the last Ages by the Libertines said by the Papists to proceed from the Schools of Calvin and by the Calvinists to proceed from the Schools of Rome Page 506 3. Disguised by the Maniches in another dress and the necessity thereby imposed on the Wills of men ibid. 4. The like by Bardesanes and the Priscilianists the dangerous consequents thereof exemplified out of Homer and the words of St. Augustine Page 507 5. The Error of the Maniches touching the servitude of the Will revived by Luther and continued by the rigid Lutherans ibid. 6. As those of Bardesanes and Priscilian by that of Calvin touching the Absolute Decree the dangers which lie hidden under the Decree and the incompatibleness thereof with Christs coming to Judgment ibid. 7. The large expressions of the Ancient Fathers touching the freedom of the Will abused by Pelagius and his followers Page 508 8. The Heresie of Pelagius in what it did consist especially as to this particular and the dangers of it ibid. 9. The Pelagian Heresie condemned and recalled the temper of S. Augustine touching the freedom of the Will in spiritual matters ibid. 10. Pelagianism falsly charged on the Moderate Lutherans How far all parties do agree about the freedom of the Will and in what they differ Page 509 CHAP. II. Of the Debates amongst the Divines in the Council of Trent touching Predestination and Original Sin 1. The Articles drawn from the Writings of the Zuinglians touching Predestination and Reprobation Page 510 2. The Doctrine of Predestination according to the Dominican way ibid. 3. As also the old Franciscans with Reasons for their own and against the other Page 511 4. The Historians judgment interposed between the Parties ibid. 5. The middle way of Catarinus to compose the differences ibid. 6. The newness of St. Augustines Opinion and the dislike thereof by the most Learned men in the Ages following Page 512 7. The perplexities amongst the Theologues touching the absoluteness of the Decrees ibid. 8. The judgment of the said Divines touching the possibility of falling from Grace ibid. 9. The Debates about the nature and transmitting of Original Sin ibid. 10. The Doctrine of the Council in it Page 513 CHAP. III. The like Debates about Free-will with the Conclusions of the Council in the five Controverted Points 1. The Articles against the Freedom of the Will extracted out of Luther's Writings Page 314 2. The exclamation of the Divines against Luther's Doctrine in the Point and the absurdities thereof ibid. 3. The several judgments of Marinarus Catarinus and Andreas Vega ibid. 4. The different judgment of the Dominicans and Franciscans whether it lay in mans power to believe or not to believe and whether the freedom of the Will were lost in Adam ibid. 5. As also of the Point of the co-operation of mans Will with the Grace of God Page 515 6. The opinion of Frier Catanca in the point of irresistibility ibid. 7. Faintly maintained by Soto a Dominican Fryer and more cordially approved by others but in time rejected ibid. 8. The great care taken by the Legates in having the Articles so framed as to please all parties Page 516 9. The Doctrine of the Council in the five Controverted Points ibid. 10. A Transition from the Council of Trent to the Protestant and Reformed Churches Page 517 CHAP. IV. The judgment of the Lutherans and Calvinians in these five Points with some Objections made against the Conclusions of the Council of Dort 1. No difference in Five Points betwixt the
Lutherans and the Church of Rome as is acknowledged by the Papists themselves Page 518 2. The Judgment of the Lutheran Churches in the said five Points delivered in the famous Confession of Ausperge ibid. 3. The distribution of the Quarrel betwixt the Franciscans Melancthonians and Arminians on the one side the Dominicans rigid Lutherans and Sublapsarian Calvinists on the other the middle way of Catarinus parallell'd by that of Bishop Overal Page 519 4. The Doctrine of Predestination as laid down by Calvin of what ill Consequence in it self and how odious to the Lutheran Doctors Page 520 5. Opposed by Sebastian Castellio in Geneva it self but propagated in most Churches of Calvins Plat-form and afterwards polished by Perkins a Divine of England and in him censured and confuted by Jacob Van Harmine a Belgick Writer Page 521 6. A brief view of the Doctrine of the Sublapsarians and the odious Consequences of it Page 522 7. The Judgment of the Sublapsarians in the said five Points collected and presented at the Conference at the Hague Anno 1610. ibid. 8. The Doctrine of the Synodists in the said Points Page 523 9. Affirmed to be repugnant to the holy Scripture as also to the Purity Mercy Justice and Sincerity of Almighty God ibid. 10. And the subversion of the Ministry and all Acts of Piety illustrated by the example of Tiberius Caesar and the Lantgrave of Thurin Page 524 CHAP. V. The Doctrine of the Remonstrants and the story of them until their final Condemnation in the Synod of Dort 1. The Doctrine of the Remonstrants ancienter than Calvinism in the Belgick Churches and who they were that stood up for it before Arminius Page 525 2. The first undertakings of Arminius his preferment to the Divinity-Chair at Leiden his Commendations and death Page 526 3. The occasion of the Name Remonstrants and Contra-Remonstrants the Controversie reduced to five Points and those disputed at the Hague in a publick Conference ibid. 4 The said five Points according to their several Heads first tendred at the Hague and after at the Synod at Dort Page 527 5. The Remonstrants persecuted by their Opposites put themselves under the protection of Barnevelt and by his means obtained a collection of their Doctrine Barnevelt seised and put to death by the Prince of Orange Page 528 6. The Calling of the Synod of Dort the parallel betwixt it and the Council at Trent both in the conduct of the business against their Adversaries and the differences amongst themselves Page 529 7. The breaking out of the differences in the Synod in open Quarrels between Martinius one of the Divines of Breeme and some of the Divines of Holland and on what occasions ibid. 8. A Copy of the Letter from Dr. Belconqual to S. Dudly Carleton his Majesties Resident at the Hague working the violent prosecutions of those Quarrels by the Dutch Divines Page 530 9. A further prosecution of the parallel between the Council and the Synod in reference to the Articles used in the draught upon the Canons and Decrees of either and the doubtful meaning of them both Page 531 10. The quarrelling Parties joyn together against the Remonstrants denying them any place in the Synod and finally dismist them in a furious Oration made by Boyerman without any hearing Page 532 11. The Synodists indulgent to the damnable Doctrines of Macorius and unmerciful in the banishment or extermnation of the poor Remonstrants ibid. 12. Scandalously defamed to make them odious and those of their persuasions in other places Ejected Persecuted and Disgraced Page 533 CHAP. VI. Objections made against the Doctrine of the Remonstrants the Answer unto all and the retorting of some of them on the opposite Party 1. An Introduction to the said Objections Page 534 2. The first Objection touching their being enemies to the Grace of God disproved in general by comparing the Doctrine with that of S. Augustine though somewhat more favourable to Free Will than that of Luther ibid. 3. A more particular Answer in relation to some hard expressions which were used of them by King James Page 535 4. The second charging it as Introductive of Popery begun in Holland and pressed more importunately in England answered both by Reason and Experience to the contrary of it ibid. 5. The third as filling men with spiritual pride first answered in relation to the testimony from which it was taken and then retorted on those who object the same Page 536 6. The fourth Charge making the Remonstrants a factious and seditious People begun in Holland prosecuted in England and answered in the general by the most Religious Bishop Ridley ibid. 7. What moved King James to think so ill of the Remonstrants as to exasperate the States against them Page 537 8. The Remonstrants neither so troublesome nor so chargeable to the States themselves as they are made by the Assertor the indirect proceedings of the Prince of Orange viz. the death of Barnevelt and the injustice of the Argument in charging the practices of his Children and the Prince upon all the party ibid. 9. Nothing in the Arminian Doctrine which may incline a man to sediti us courses as it is affirmed and proved to be in the Calvin Page 538 10. The Recrimination further proved by a passage in the Conference of the Lord Treasurer Burleigh with Queen Eliz. in a Letter of some of the Bishops to the Duke of Buckingham and in that of Dr. Brooks to the late Archbishop ibid. 11. More fully prosecuted and exemplified by Campney's an old English Protestant Page 539 12. A Transition to the Doctrine of the Church of England ibid. CHAP. VII An Introduction to the Doctrine of the Church of England in the points disputed with the Removal of some rubs which are laid in the way 1. The Doctrine of the Homilies concerning the Endowments of man at his first Creation Page 541 2. His miserable fall Page 542 3. And the promised hopes of his Restitution in the Lord Christ Jesus ibid. 4. A general Declaration of the judgment of the Church of England in the points disputed exemplified in the story of Agilmond and Lamistus Kings of Lombardy ibid. 5. The contrary judgment of Wicklif objected answered and applied to all modern Heresies Page 543 6. A general answer to the like Argument pretended to be drawn from the Writings of Frith Tyndal and Barns But more particularly Page 444 7. The judgment of Dr. Barns in the present point and the grounds on which he builded the same ibid. 8. Small comfort to be found from the works of Tyndal in favour of the Calvinian Doctrines Page 545 9. The falsifyings of John Frith and others in the Doctrine of Predestination reproved by Tyndal Page 546 10. A parallel between some of our first Martyrs and the blind man restored to fight in the eighth of Saint Mark. ibid. CHAP. VIII Of the Preparatives to the Reformation and the Doctrine of the Church in the present points 1. The danger of ascribing
doctrins An Answer to the Objection touching the paucity of those who opposed the same ibid. 10. Possession of a truth maintained but by one or two preserves it sacred and inviolable for more fortunate times the case of Liberius Pope of Rome and that the testimonies of this kind are rather to be valued by weight than tale Page 627 CHAP. XXII Of the Conference at Hampton Court and the several encouragements given to the Anti-Calvinians in the time of King James 1. The occasion of the conference at Hampton Court and the chief persons there assembled Page 628 2. The nine Articles of Lambeth rejected by King James Page 629 3. Those of the Church being left in their former condition ibid. 4. The Calvinian Doctrine of Predestination decryed by Bishop Bancroft and disliked by King James and the reasons of it Page 630 5. Bishop Bancroft and his Chaplain both abused The inserting the Lambeth Articles into the confession of Ireland no argument of King James his approbation of them by whom they were inserted and for what cause allowed of in the said Confession ibid. 6. A pious fraud of the Calvinians in clapping their Predestinarian Doctrines at the end of the Old Testament Anno 1607. discovered censured and rejected with the reasons of it Page 631 7. The great incouragement given by King James to the Anti-Calvinians and the increasing of that party both in power and number by the stirs in Holland ibid. 8. The offence taken by King James at Conradus Vorstius animateth the Oxon Calvanists to suspend Dr. Houson and to preach publickly against Dr. Laud Page 632 9. The like proceedings at Cambridge against Mr. Simpson first prosecuted by King James and on what account that King was more incensed heainst the party of Arminius than against their perswasions ibid. 10. The Instructions published by King James in order to the diminishing of Calvins Authority the defence of universal Redemption and the suppressing of his Doctrines in the other points and why the last proved so unuseful in the case of Gabriel Bridges Page 633 11. The publishing of Mountagues Answer to the Gagger the information made against it the Author and his Doctrine taken by King James into his protection and his Appeal Licensed by the Kings appointment Page 634 12. The conclusion of the whole discourse and the submission of it to the Church of England ibid. A Postscript to the Reader concerning some particulars in a Scurrilous Pamphlet Entituled A Review of the Certamen Epistolare c. Page 635 The Stumbling-Block of Disobedience and Rebellion c. CHAP. I. The Doctrine of Obedience laid down by Calvin and of the Popular Officers supposed by him whereby he overthroweth that Doctrine 1. THe purpose and design of the work in hand Page 645 2. The Doctrine of Obedience unto Kings and Princes soundly and piously laid down by Calvin Page 646 3. And that not only to the good and gracious but even to cruel Princes and ungodly Tyrants Page 647 4. With Answer unto such Objections as are made against it Page 649 5. The Principles of Disobedience in the supposal of some particular Officers ordained of purpose to regulate the power of Kings Page 650 6. How much the practice of Calvin's followers doth differ from their Masters Doctrine as to the point of Obedience Page 651 7. Several Articles and points of Doctrine wherein the Disciples of Calvin are departed from him Page 653 8. More of the differences in point of Doctrine betwixt the Master and the Scholars ibid. 9. The dangerous consequences which arise from his faulty Principles in the point or Article of Disobedience Page 654 10. The method and distribution of the following work Page 655 CHAP. II. Of the Authority of Ephori in the State of Sparta and that they were not instituted for the ends supposed by Calvin 1. The King of Sparta absolute Monarch at the first Page 656 2. Of the declining of the Regal power and the condition of that State when Lycurgus undertook to change the Government Page 657 3. What power Lycurgus gave the Senate and what was left unto the Kings ibid. 4. The Ephori appointed by the Kings of Sparta to ease themselves and curb the Senate Page 658 5. The blundering and mistakes of Joseph Scaliger about the first Institution of the Ephori Page 659 6. The Ephori from mean beginnings grew to great Authority and by what advantages Page 660 7. The power and influence which they had in the publick Government Page 661 8. By what degrees the Ephori incroached on the Spartan Kings Page 662 9. The insolencies of the Ephori towards their Kings altered the State into a Tyranny Page 663 10. The Spartan Kings stomach the insolency of the Ephori and at last utterly destroy them Page 664 11. An application of the former passages to the point in hand Page 665 CHAP. III. Of the Incroachments of the Tribunes on the State of Rome and that they were not instituted for the ends supposed by Calvin 1. The Tribunes of the People why first Instituted in the State of Rome Page 666 2. And with what difficulty and conditions Page 667 3. The Tribunes fortifie themselves with large immunities before they went about to change the Government Page 668 4. The Tribunes no sooner in their Office but they set themselves against the Nobility and the Senate contrary to the Articles of their Institution Page 669 5. The many and dangerous Seditions occasioned by the Tribunes in the City of Rome Page 670 6. The Tribunes and the People do agree together to change the Government of the State Page 671 7. By what degrees the People came to be possessed of all the Offices in the State both of power and dignity Page 672 8. The Plots and Practices of the Gracchi to put the power of the Judicature and Supream Majesty of the Senate into the hands of the People ibid. 9. The Tribunes take upon them to commit the Consuls and bring all the Officers of the State under their command Page 673 10. The Office and Authority of the Tribunes reduced unto its antient bounds by Corn. Sylla and at last utterly destroyed Page 674 11. An Application of the former passage to the point in hand Page 675 CHAP. IV. Of what Authority the Demarchi were in the State of Athens and of the danger and unfitness of the instances produced by Calvin 1. Athens first governed by Kings and afterwards by one Sovereign Prince under other titles Page 676 2. The Annual Magistrates of Athens what they were and of what Authority Page 677 3. By whom and what degrees the State of Athens was reduced to a Democratie Page 678 4. Of the Authority of the Senate and the famous Court of the Areopagites Page 679 5. What the Demarchi were in the State of Athens and of what Authority Page 680 6. The Demarchi never were of power to oppose the Senate nor were ordained to that end ibid. 7. Calvins ill
Saturdays Slop So easily did the Popes prevail with our now friends of Scotland that neither miracle nor any special packet from the Court of Heaven was accounted necessary But here with us in England it was not so though now the Popes had got the better of King John that unhappy Prince and had in Canterbury an Archbishop of their own appointment even that Steven Langton about whom so much strife was raised Which notwithstanding and that the King was then a Minor yet they proceeded here with great care and caution and brought the Holy-days into order not by command or any Decretal from Rome but by a Council held at Oxford Ap. Lindwood Anno 1222. where amongst other Ordinances tending unto the Government of the Church the Holy-days were divided into these three ranks In the first rank were those quae omni veneratione servanda erant which were to be observed with all reverence and solemnity of which sort were omnes dies Dominici c. all Sundays in the year the feast of Christs Nativity together with all others now observed in the Church of England as also all the Festivals of the Virgin Mary excepting that of her Conception which was left at large with divers which have since been abrogated And for conclusion festum dedicationis cujuslibet Ecclesiae in sua parochia the Wakes or Feasts of Dedication of particular Churches in their proper Parishes are there determined to be kept with the same reverence and solemnity as the Sundays were Nor was this of the Wakes or Feasts of Dedication any new device but such as could plead a fair original from the Council held in Mentz anno 813. If it went no higher For in a Catalogue there made of such principal feasts as annually were to be observed they reckon dedicationem templi the consecration Feast or Wake as we use to call it and place it in no lower rank in reference to the solemnity of the same than Easter Whitsontide and the rest of the greater Festivals Now at the first those Wakes or Feasts of dedication were either held upon the very day on which or the Saints day to which they had been first consecrated But after finding that so many Holy days brought no small detriment to the Common-wealth it came to pass that generally these Wakes or Feasts of dedication were respited until the Sunday following as we now observe them Of the next rank of Feasts in this Council mentioned were those which were by Priest and Curate to be celebrated most devoutly with all due performances minoribus operibus servilibus secundum consuetudinem loci illis diebus interdictis all servile works of an inferiour and less important nature according to the custom of the place being laid aside Such were Saint Fabian and Sebastian and some twenty more which are therein specified but now out of use and amongst them the Festival of Saint George was one which after in the year 1414. was made by Chicheley then Archbishop a Majus duplex and no less solemnly to be observed than the Feast of Christmass Of the last rank of Feasts were those in quibus post missam opera rusticana concedebantur sed antequam non wherein it was permitted that men might after Mass pursue their Countrey businesses though not before and these were only the Octaves of Epiphany and of John the Baptist and of Saint Peter together with the translations of Saint Benedict and Saint Martin But yet it seems that on the greater Festivals those of the first rank there was no restraint of Tillage and of Shipping if occasion were and that necessity did require though on those days Sundays and all before remembred there was a general restraint of all other works For so it standeth in the title prefixt before those Festivals haec sunt festa in quibus prohibitis aliis operibus conceduntur opera agriculturae carrucarum Where by the way I have translated carrucarum shipping the word not being put for Plough or Cart which may make it all one with the word foregoing but for ships and sayling Carruca signifieth a Ship of the greater burden such as to this day we call Carrects which first came from hence And in this sense the word is to be found in an Epistle writ by Gildas Illis ad sua remeantibus emergunt certatim de Carruchis quibus sunt trans Scyticam vallem avecti So then as yet Tillage and Sayling were allowed of on the Sunday if as before I said occasion were Math. Westmonaster and that necessity so required Of other passages considerable in the Reign of K. Henry III. the principal to this point and purpose are his own Coronation on Whitsunday anno 1220. two years before this Council which was performed with great solemnity and concourse of People Next his bestowing the order of Knighthood on Richard de Clare Earl of Gloucester accompanied with forty other gallants of great hopes and spirit on Whitsunday too Anno 1245. and last of all a Parliament Assembled on Mid-lent Sunday Parliamentum generalissimum the Historian calls it the next year after This was a fair beginning but they staid not here For after in a Synod of Archbishop Islippes he was advanced unto the See Lindw l. 2. tit de feriis Anno 1349. it was decreed de fratrum nostrorum consilio with the assent and counsel of all the Prelates then assembled that on the principal Feasts hereafter named there should be generally a restraint through all the Province ab universis servilibus operibus etiam reipubl utilibus even from all manner of servile works though otherwise necessary to the Common-wealth This general restraint in reference to the Sunday was to begin on Saturday night ab hora diei Sabbati vespertina as the Canon goes not a minute sooner and that upon good reason too ne Judaicae superstitionis participes videamur lest if they did begin it sooner as some now would have us they might be guilty of a Jewish superstition the same to be observed in such other Feasts quae suas habent vigilias whose Eves had formerly been kept As also that the like restraint should be observed upon the Feast of Christmass S. Steven S. John c. and finally on the Wakes or Dedication Feasts which before we spake of Now for the works before prohibited though necessary to the Common wealth as we may reckon Husbandry and all things appertaining thereunto so probably we may reckon Law-days and all publick Sessions in Courts of Justice in case they had not been left off in former times when as the Judges general being of the Clergy Finâ—â— of the Law l. 1. c. 3. might in obedience to the Canon-law forbear their Sessions on those days the Lords day especially For as our Sages in the Law have resolved it generally that day is to be exempt from such business even by the Common Law for the solemnity thereof to the intent that people may apply
together can conclude on any thing unto the prejudice of the third Bodinus that renowned States-man doth resolve it Negatively and states it thus nihil à duobus ordinibus discerni posse quo uni ex tribus incommodum inferatur Bodin de Rep. l. 3. c. 7. si res ad singulos ordines seorsum pertinet that nothing can be done by two of the Estates to the disprofit of the third in case the point proposed be such as concerns them severally The point was brought into debate upon this occasion Henry the 3d. of France had summoned an Assembly of the three Estates or Conventus Ondinum to be held at Bloys Anno 1577. the Form and Order of the which we have at large by Thuanus Lib. 63. But finding that he could not bring his ends about so easily with that numerous body as if they were contracted to a narrower compass he caused it to be mov'd unto them that they should make choice of 36 twelve of each Estate Tonanus in hist temp l. 63. quox Rex cum de postulatis decerneret in consilium adhibere dignaretur whom the King would deign call to Council for the dispatch of such Affairs and motions as had been either moved or proposed unto him Which being very readily assented to by the Clergy and Nobility who hoped thereby to find some favour in the Court and by degrees to be admitted to the Privy Council was very earnestly opposed by Bodinus being then Delegate or Commissioner for the Province of Veromandois who saw full well that if businesses were so carried the Commons which made the third Estate would find but little hopes to have their grievances redressed â—â—iin de Rep. â— 1. c. 7. their petitions answered And therefore laboured the rest of the Commissioners not to yield unto it as being utterly destructive of the Rights and Liberties of the common people which having done he was by them intrusted to debate the business before the other two Estates and did it to so good effect that at the last he took them off from their resolution and obtained the cause What Arguments he used in particular neither himself nor Thuanus telleth us But sure I am that he insisted both on the ancient customs of the Realm of France as also of the Realm of Spain and England and the Roman Empire in each of which it was received for a ruled case nihil à duobus ordinibus statui posse quo uni ex tribus prejudicium crearetur that nothing could be done by any of the two Estates unto the prejudice of the third And if it were a ruled case then in the Parliament of England there is no reason why it should be otherwise in the present times the equity and justice of it being still the same and the same reasons for it now as forcible as they could be then Had it been otherwise resolved of in the former Ages wherein the Clergy were so prevalent in all publick Councils how easie a matter had it been for them either by joyning with all the Nobility to exclude the Commons or by joyning with the Commonalty to exclude the Nobles Or having too much conscience to adventure to so great a change an alteration so incompatible and inconsistent with the Constitution of a Parliament how easily might they have suppressed the potency and impair the Priviledges of either of the other two by working on the humours or affections of the one to keep down the other But these were Arts not known in the former days nor had been thought of in these last but by men of Ruine who were resolved to change the Government as the event doth shew too clearly both of Church and State Nor doth it help the matter in the least degree to say that the exclusion of the Bishops from the House of Peers was not done meerly by the practice of the two other Estates but by the assent of the King of whom the Laws say he can do no wrong and by an Act of Parliament whereof our Laws yet say quae nul doit imaginer chose dishonourable that no man is to think dishonourably Plowden in Commentar For we know well in what condition the King was when he passed that Act to what extremities he was reduced on what terms he stood how he was forced to flye from his City of London to part with his dear Wife and Children and in a word so overpowred by the prevailing party in the two Houses of Parliament that it was not safe for him as his case then was to deny them any thing And for the Act of Parliament so unduly gained besides that the Bill had been rejected when it was first brought unto the Lords and that the greater part of the Lords were frighted out of the House when contrary unto the course of Parliament it was brought again it is a point resolved both in Law and Reason that the Parliament can do nothing to the destruction of it self and that such Acts as are extorted from the King are not good and valid whereof we have a fair Example in the book of Statutes 15 Ed. 3. For whereasz the King had granted certain Articles pretended to be granted in the Form of a statute expresly contrary to the Laws of the Realm and his own Prerogative and Rights Royal mark it for this is just the case which he had yielded to eschew the dangers which by denying of the same were like to follow in the same Parliament it was repealed in these following words It seemed good to the said Earls Barons and other wise men that since the Statute did not proceed of our Free will the same be void and ought not to have the name nor strength of a Statute and therefore by their counsel and assent we have decreed the said Statute to be void c. Or if it should not be repealed in a formal manner yet is this Act however gotten void in effect already by a former Statute in which it was enacted in full Parliament and at the self-same place where this Act was gained that the Great Charter by which and many other Titles the Bishops held their place in Parliament should be kept in all points and if any Statute be made to the contrary 42 Ed. 3. c. 1. it shall be holden for none CHAP. VI. That the three Estates of every Kingdom whereof Calvin speaks have no Authority either to regulate the power or control the actions of the Sovereign Prince 1. The Bishops and Clergy of England not the Kings make the third Estate and of the dangerous consequences which may follow on the contrary Tenet 2. The different influence of the three Estates upon conditional Princes and an absolute Monarch 3. The Sanhedrim of no Authority over the persons or the actions of the Kings of Judah 4. The three Estates in France of how small Authority over the actions of that King 5. The King of Spain not over-ruled or
too much to our ancient Martyrs c. exemplified in the parity of Ministers and popular elections unto Benefices allowed by Mr. John Lambert Page 547 2. Nothing ascribed to Calvins judgment by our first Reformers but much to the Augustine Confession the Writings of Melancthon Page 548 3. And to the Authority of Erasmus his Paraphrases being commended to the use of the Church by King Edward VI. and the Reasons why ibid. 4. The Bishops Book in order to a Reformation called The institution of a Christian man commanded by King Henry VIII 1537. correcied afterwards with the Kings own hand examined and allowed by Cranmer approved by Parliament and finally published by the name of Necessary Doctrine c. An. 1543. ibid. 5. The Doctrine of the said two Books in the points disputed agreeable unto that which after was established by King Edward VI. Page 549 6. Of the two Liturgies made in the time of King Edward VI. and the manner of them the testimony given unto the first and the alterations in the second Page 550 7. The first Book of Homilies by whom made approved by Bucer and of the Argument that may be gathered from the method of it in the points disputed ibid. 8. The quality and condition of those men who principally concurred to the Book of Articles with the Harmony or consent in judgment between Archbishop Cranmer Bishop Ridley Bishop Hooper c. Page 551 9. The Doctrine delivered in the Book of Articles touching the five controverted points ibid. 10. An Answer to the Objection against these Articles for the supposed want of Authority in the making of them Page 552 11. An Objection against King Edwards Catechism mistaken for an Objection against the Articles refelled as that Catechism by John Philpot Martyr and of the delegating of some powers by that Convocation to a choice Committee Page 553 12. The Articles not drawn up in comprehensible or ambiguous terms to please all parties but to be understood in the respective literal and Grammatical sense and the Reasons why ibid. CHAP. IX Of the Doctrine of Predestination delivered in the Articles the Homilies the publique Liturgies and the Writings of some of the Reformers 1. The Articles differently understood by the Calvinian party and the true English Protestants with the best way to find out the true sense thereof Page 555 2. The definition of Predestination and the most considerable points contained in it ibid. 3. The meaning of those words in the definition viz. Whom he hath chosen in Christ according to the Exposition of S. Ambrose S. Chrysostom S. Jerom as also of Archbishop Cranmer Bishop Latimer and the Book of Homilies Page 556 4. The Absolute Decree condemned by Bishop Latimer as a means to Licentiousness and Carnal living ibid. 5. For which and making God to be the Author of sin condemned as much by Bishop Hooper ibid. 6. Our Election to be found in Christ not sought for in Gods secret Councils according to the judgment of Bishop Hatimer Page 557 7. The way to find out our Election delivered by the same godly Bishop and by Bishop Hooper with somewhat to the same purpose also from the Book of Homilies ibid. 8. The Doctrine of Predestination delivered by the holy Martyr John Bradford with Fox his gloss upon the same to corrupt the sense Page 558 9. No countenance to be had for any absolute personal and irrespective decree of Predestination in the publique Liturgie ibid. 10. An Answer to such passages out of the said Liturgie as seem to favour that opinion as also touching the number of Gods Elect. CHAP. X. The Doctrine of the Church concerning Reprobation and Universal Redemption 1. The absolute Decree of Reprobation not found in the Articles of this Church but against it in some passages of the publick Liturgie Page 560 2. The cause of Reprobation to be found in a mans self and not in Gods Decrees according to the judgment of Bishop Latimer and Bishop Hooper ibid. 3. The Absolute Decrees of Election and Reprobation how contrary to the last clause in the seventeenth Article Page 561 4. The inconsistency of the Absolute Decree of Reprobation with the Doctrine of Vniversal Redemption by the death of Christ ibid. 5. The Vniversal Redemption of man-kind by the death of Christ declared in many places of the publick Liturgie and affirmed also in one of the Homilies and the Book of Articles Page 502 6. A further proof of it from the Mission of the Apostles and the Prayer used in the Ordination of Priests ibid. 7. The same confirmed by the Writings of Archbishop Cranmer and the two other Bishops before mentioned Page 563 8. A Generality of the Promises and an Vniversality of Vocation maintained by the said two godly Bishops ibid. 9. The reasons why this benefit is not made effectual to all sorts of men to be found only in themselves ibid. CHAP. XI Of the Heavenly influences of Gods grace in the Conversion of a Sinner and a mans cooperation with those Heavenly influences 1. The Doctrine of Deserving Grace ex congruo maintained in the Roman Schools before the Council of Trent rejected by our ancient Martyrs and the Book of Articles Page 564 2. The judgment of Dr. Barns and Mr. Tyndal touching the necessary workings of Gods grace on the will of man not different from that of the Church of England Page 565 3. Vniversal grace maintained by Bishop Hooper and approved by some passages in the Liturgie and Book of Homilies ibid. 4. The offer of Vniversal grace made ineffectual to some for want of faith and to others for want of repentance according to the judgment of Bishop Hooper ibid. 5. The necessity of Grace Preventing and the free co-operation of mans will being so prevented maintained in the Articles in the Homilies and the publique Liturgie Page 566 6. The necessity of this co-operation on the part of man defended and applied to the exercise of a godly life by Bishop Hooper ibid. 7. The Doctrine of Irresistibility first broached by Calvin pertinaciously maintained by most of his followers and by Gomarus amongst others Page 567 8. Gainsaid by Bishop Hooper and Bishop Latimer ibid. 9. And their gain-sayings justified by the tenth Article of King Edwards Books Page 568 And 10. The Book of Homilies ibid. CHAP. XII The Doctrine of Free-will agreed upon by the Clergy in their Convocation An. 1543. 1. Of the Convocation holden in the year 1543. in order to the Reformation of Religion in points of Doctrine Page 569 2. The Article of Free-will in all the powers and workings of it agreed on by the Prelates and Clergie of that Convocation agreeable to the present Doctrine of the Church of England ibid. 3. An Answer to the first Objection concerning the Popishness of the Bishops and Clergie in that Convocation Page 571 4. The Article of Free-will approved by King Henry VIII and Archbishop Cranmer Page 572 5. An Answer to the last Objection concerning the Conformity of
the Article to the present Established Doctrine in the Church of Rome ibid. CHAP. XIII The Doctrine of the Church of England concerning the certainty or uncertainty of Perseverance 1. The certainty of Grace debated in the Council of Trent and maintained in the Affirmative by the Dominicans and some others Page 573 2. The contrary affirmed by Catarinus and his adherents ibid. 3. The doubtful resolution of the Council in it Page 574 4. The Calvinists not content with certainty of Grace quoad statum praesentem presume upon it also quoad statum futurum ibid. 5. The bounds and limits wherewith the judgment in this point ought rationally to be circumscribed Page 575 6. The Doctrine of the Church of England in the present Article ibid. 7. Justified by the testimonies of Bishop Latimer Bishoop Hooper and Master Tyndal Page 576 8. And proved by several arguments from the publick Liturgie ibid. 9. The Homily commends a probable and stedfast hope Page 577 But 10. Allows no certainty of Grace and perseverance in any ordinary way to the Sons of men ibid. CHAP. XIV The Plain Song of the second Homily touching the falling from God and the Descants made upon it 1. More from some other Homilies touching the possibility of falling from the grace received Page 578 2. The second Homily or Sermon touching falling from God laid down verbatim Page 579 3. The sorry shifts of Mr. Yates to illude the true meaning of the Homily plainly discovered and consuted Page 581 4. An Answer unto his Objection touching the passage cited from the former Homily in Mr. Mountagues Appeal ibid. 5. The judgment of Mr. Ridley Arch-Deacon of Canterbury in the points of Election and Redemption Page 582 6. As also touching the reasons why the Word was not preached unto the Gentiles till the coming of Christ the influences of grace the co-workings of man and the possibility of falling from the truth of Christ ibid. CHAP. XV. Of the Author and Authority of King Edwards Chatechism as also of the judgment of Martin Bucer and Peter Martyr in the Points disputed 1. The Catechism published by the Authority of King Edward VI. Anno 1553. affirmed to have been Writ by Bishop Poinet and countenanced by the rest of the Bishops and Clergy Page 583 2. Several passages collected out of that Catechism to prove that the Calvinian Doctrins were the true genuine and ancient Doctrins of the Church of England Page 584 3. With a discovery of the weakness and impertinency of the Allegation Page 585 4. What may most probably be conceived to have been the judgment of Bishop Poinet in most of the Controverted Points Page 586 5. An Answer to another Objection derived from Mr. Bucer and Peter Martyr and the influence which their Auditors and Disciples are supposed to have had in the Reformation ibid. 6. That Bucer was a man of moderate Counsels approving the first Liturgy of King Edward VI. assenting to the Papists at the Dyet of Ratisbone in the possibility of falling from grace and that probably Peter Martyr had not so far espoused the Calvinian quarrels when he lived in Oxon as after his return to Zurick and Calvins Neighbourhood Page 587 7. The judgment of Erasmus according as it is delivered in his Paraphrases on the four Evangelists proposed first in the general view and after more particularly in every of the Points disputed Page 588 PART III. CHAP. XVI Of the first breakin gs out of the Predestinarians and their Proceedings in the same 1. The Predestinarians called at first by the name of Gospellers Page 589 2. Campney's a professed Enemy to the Predestinarians but neither Papist nor Pelagian Page 590 3. The common practices of the Calvinists to defame their Adversaries the name of Free-will men to whom given why ibid. 4. The Doctrine of John Knox in restraining all mens actions either good or evil to the determinate Will and Counsel of God Page 591 5. The like affirmed by the Author of the Table of Predestination in whom and the Genevian Notes we find Christ to be excluded from being the foundation of mans Election and made to be an inferiour cause of salvation only ibid. 6. God made to be the Author of sin by the Author of a Pamphlet entituled against a Privy Papist and his secret Counsels called in for the proof thereof both by him and Knox with the mischiefs which ensued upon it ibid. 7. The Doctrine of Robert Crowly imputing all mens sins to Predestination his silly defences for the same made good by a distinction of John Verons and the weakness of that distinction shewed by Campneys Page 592 8. The Errours of the former Authors opposed by Campneys his Book in answer to those Errours together with his Orthodoxie in the point of universal Redemption and what he builds upon the same ibid. 9. His solid Arguments against the imputing of all actions either good or evil to Predestination justified by a saying of Prosper of Aquitain Page 593 10. The virulent prosecutions of Veron and Crowly according to the Genius of the sect of Calvin Page 594 CHAP. XVII Of the disputes amongst the Confessors in Prison in Queen Maries days and the resetling of the Church on her former principles under Queen Elizabeth 1. The Doctrine of Predestination disputed amongst the Confessors in Prison in Queen Maries days Page 595 2. The Examination of John Carelese between Dr. Martin in reference to the said Disputes ibid. 3. Considerations on some passages in the conference betwixt Dr. Martin and the said John Carelesse Page 596 4. Review made of the publick Liturgie by the command of Queen Elizabeth and the â—araphrases of Erasmus commended to the reading both of Priest and People Page 597 5. The second Book of Homilies how provided for and of the liberty taken by the Gospellers and Zuinglian Sectaries before the reviewing and confirming of the Book of Articles by the Queens Authority ibid. 6. Of the reviewing and authority of the Book of Articles Anno 1562. and what may be from thence inferred Page 598 7. An Answer from the Agreement drawn from omitting the ninth Article of King Edwards Book the necessity of giving some content to the Zuinglian Gospellers and the difficulty wherewith they were induced to subscribe the Book at the first passing of the same ibid. 8. The Argument taken from some passages in the English Catechism set forth by Mr. Alexander Nowel and the strength thereof Page 599 9. Several considerations on the said Catechism and the rest of the Authors making and what his being Prolocutor in the Convocation might add to any of them in point of Orthodoxie ibid. 10. Nothing to be collected out of the first passage in Mr. Nowels Catechism in favour of the Calvinian doctrine of Predestination and the points depending thereupon and less than nothing in the second if it be understood according to the Authors meaning and the determination of the Church Page 600 CHAP. XVIII A Declaration of the