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
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
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
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
and the lawful Rights Ceremonies and Observations of the same by his Majesties advice and confirmation under the great Seal of England shall be by all his Graces Subjects fully believed obeyed observed and performed to all purposes and intents upon the pains and penalties therein to be comprized as if the same had been in express words and sentences plainly and fully made set forth declared and contained in the said Act 32 H. 8. c. 26. where note That the two Houses of Parliament were so far from medling in the matter which was then in hand that they did not so much as require to see the Determinations and Decrees of those Learned men whom his Majesty had then Assembled before they passed the present Act to bind the Subject fully to believe observe and perform the same but left it wholly to the judgment and discretion of the King and Clergy and trusted them besides with the ordaining and inflicting of such pains and penalties on disobedient and unconformable persons as to them seemed meet This ground-work laid the work went forwards in good order and at last being brought unto as much perfection as the said Arch-Bishops Bishops and other Learned men would give it without the co-operation and concurrence of the Royal assent it was presented once again to the Kings consideration who very carefully perused it and altered many things with his own hand as appears by the Book it self still extant in the famous Library of Sir Robert Cotton and having so altered and corrected it in some passages returned it to the Arch-Bishop of Canterbury who bestowed some further pains upon it to the end that being to come forth in the King's Name and by his Authority there might be nothing in the same which might be justly reprehended The business being in this forwardness the King declares in Parliament Anno 1544. being the 34 year of his Reign his zeal and care not only to suppress all such Books and Writings as were noysome and pestilent and tended to the seducing of his Subjects but also to ordain and establish a certain Form of pure and sincere Teaching agreable to God's Word and the true Doctrine of the Catholick and Apostolick Church whereunto men may have recourse for the decision of some such controversies as have in Times past and yet do happen to arise And for a preparatory thereunto that so it might come forth with the greater credit he caused an Act to pass in Parliament for the abolishing of all Books and Writings comprizing any matters of Christian Religion contrary to that Doctrine which since the year 1540. is or any time during the King's life shall be set forth by his Highness and for the punishment of all such and that too with most grievous pains which should preach teach maintain or defend any matter or thing contrary to the Book of Doctrine which was then in readiness 34 35 H. 8. c. 1. Which done he caused the said Book to be Imprinted in the year next following under the Title of A necessary Doctrine for all sorts of People prefixing a Preface thereto in his Royal Name to all his faithful and loving Subjects that they might know the better in those dangerous Times what to believe in point of Doctrine and how they were to carry and behave themselves in points of Practice Which Statute as it is the greatest Evidence which those Times afford to shew that both or either of the Houses of Parliament had any thing to do in matters which concerned Religion so it entitles them to no more if at all to any thing then that they did make way to a Book of Doctrine which was before digested by the Clergy only revised after and corrected by the Kings own hand and finally perused and perfected by the Metropolitan And more then so besides that being but one Swallow it can make no Summer it is acknowledged and confessed in the Act it self if Poulton understand it rightly in his Abridgment That recourse must be had to the Catholick and Apostolick Church for the decision of Controversies Which as it gives the Clergy the decisive power so it left nothing to the Houses but to assist and aid them with the Temporal Sword when the Spiritual Word could not do the deed the point thereof being blunted and the edge abated Next let us look upon the time of K. Ed. 6. and we shall find the Articles and Doctrine of the Church excepting such as were contained in the Book of Common-Prayer to be composed confirmed and setled in no other way then by the Clergy only in their Convocation the Kings Authority co-operating and concurring with them For in the Synod held in London Anno 1552. the Clergy did compose and agree upon a Book of Articles containing the chief Heads of the Christian Faith especially with reference to such Points of Controversie as were in difference between the Reformators of the Church of England and the Church of Rome and other Opponents whatsoever which after were approved and published by the Kings Authority They were in number 41. and were published by this following Title that is to say Articuli de quibus in Synodo London Anno 1552. ad tollendum opinionum dissentionem consensum verae Religionis firmandum inter Episcopos alios Eruditis viros Convenerat Regia authoritate in lucem Editi And it is worth our observation that though the Parliament was held at the very time and that the Parliament passed several Acts which concerned Church-matters as viz. An Act for Vniformity of Divine Service and for the Confirmation of the Book of Ordination 5 and 6 Edw. 6. c. 1. An Act declaring which days only shall be kept for Holy days and which for Fasting days C. 3. against striking or drawing weapon either in the Church or Church-yard C. 4. And finally another Act for the legitimating of the Marriages of Priests and Ministers C. 12. Yet neither in this Parliament nor in that which followed is there so much as the least syllable which reflecteth this way or medleth any thing at all with the book of Articles Where by the way if you behold the lawfulness of Priests Marriages as a matter Doctrinal or think we owe that point of Doctrine and the indulgence granted to the Clergy in it to the care and goodness of the Parliament you may please to know that the point had been before determined in the Convocation and stands determined by and for the Clergy in the 31 of those Articles and that the Parliament looked not on it as a point of Doctrine but as it was a matter practical conducing to the benefit and improvement of the Common-wealth Or if it did yet was the Statute built on no other ground-work than the Resolution of the Clergy the Marriage of Priests being before determined to be most lawful I use the very words of the Act it self and according to the Word of God by the Learned Clergy of this realm
till nine the sixth which began at nine and ended at twelve the ninth which held from twelve to three in the afternoon and the eleventh which was from three until six at night According to which distribution they had three several hours of Prayer viz. the third the sixth the ninth as before was said For thus saith David of himself Evening and Morning and at Noon-day will I pray unto thee Psal lv 17. And so the Scriptures say of Daniel that turning towards Hierusalem he kneeled upon his knees and prayed and gave thanks before his God three times a day as he had formerly been accustomed Dan. vi 10. David who had the opportunity to repair unto the Tabernacle or the House of God joyned with the Congregation in those Prayers which were appointed for those times But Daniel who lived an exile in a strange Land and at a time in which there was no Temple at Hierusalem only conceived himself obliged to observe the hours which had been antiently in Use with the Jewish Nation without being punctual in the forms for ought I can find It 's true the Jews used to repair unto the Tabernacle as afterwards unto the Temple and other places set apart for this pious duty of which more anon to offer up their private Prayers and Vowes to Almighty God For so we read of Hannah in the first of Samuel chap. 1. v. 10. c. and so in other places of Gods Book of divers others Of which none is more eminent because not any one so much objected as that of the Publican and the Pharisee of whom we find mention in the Gospel who going into the Temple to pray as who else did not are confidently said to use no prayer that was of regular prescription because the prayer which they are said to make in the Book of God Smectymn p. 8. was of a present conception But this if pondered as it ought can be no Argument I trow that therefore there was then no set form of publick worship to be performed in those holy places because Gods Servants used as occasion was to make therein their private Prayers to the Lord their God No better argument than if it should be proved that there is no set Liturgy in the Church of England because devout and godly men use oftentimes to have recourse unto the Church or Temple for their private prayers In those though poured forth in the Temple the proper and appointed place of publick worship the people were at liberty to make Use of their own conceptions But it was otherwise in those acts of worship so far forth as they do relate unto Invocation which were to be performed with the Congregation And so it is resolved by the best and learnedest of all the Rabbins by whom it is affirmed that in the publick Congregation a private or a voluntary prayer was not to have been offered to the Lord their God Quoniam nec Ecclesia seu caetus publicus offerebat ex lege sacrificium ultroneum because the Church or Congregation was not to offer any Sacrifice but such as was prescribed and ordered by the Law of God Maim ap Selden in Eutych Alex. p. 49 Which rule as it was constantly observed in all other days and at the several hours of prayer in each several day so most especially upon the Sabbaths and the other Festivals and that upon the self-same reason viz. Quoniam in eis non offerendum erat ultroneum quid because no voluntary oblation might thereon be offered as in some cases might be done on the other days but only such as were appointed in the Law Now that there were set forms of prayer for these several hours besides what is affirmed by a Learned Writer of our own as appeareth by that memorable passage of Peter and John's going up into the Temple Selden Comment in Eutych Alex. p. 46 47. sub horam orationis nonam at the ninth hour being an hour of prayer For if the prayer they went to make were rather of a sudden and extemporary Conception Smectymn p. 8. than of a regular Prescription what needed they to have made Use of such a time when as the Congregation was assembled for Gods publick worship And on the other side that the prayer which the two Apostles went up to make was such as was prescribed the Congregation is evident by that of Ludovicus Capellus the French Oracle of Hebrew Learning as one truly calls him who saith expresly B. Hall Answ to the Vindication Orationem eam cujus causa Petrus Johannes petebant templum fuisse eam quae à Judaeis dicitur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Quae respondet oblationi vespertinae lege praescriptae The prayer saith he for which Peter and John went up into the Temple is that which the Jews called the lesser oblation answering to the evening Sacrifice prescribed by the Law And indeed Calvin intimates no less to my apprehension For when he askes the question An Apostoli in Templum ascenderint ut secundum legis ritum precarentur whether the Apostles went into the Temple to pray according to the rites prescribed in the Law Calv. in Act. although he thinks that they went thither at that time to have the better opportunity to promote the Gospel yet he confesseth by the question that at that time there were set prayers made in the Temple after the manner of the Jews But to go on from Moses unto David I find but little changed or added in things that did concern Gods publick worship and the forms thereof But in the time of David and by his Authority there was a signal alteration made much outward form and lustre added to the service of God For whereas formerly the Levites were appointed by the Law of Moses to bear about the Tabernacle as occasion was the Tabernacle being by David fixt and setled in Hierusalem there was no further Use of the attendance of the Levites in that kind or ministery He therefore thought it fit to set them to some new imployment some to assist the Priests in the publick offices of Gods holy worship some to be over-seers and Judges of the people some to be Porters also in the House of God and others finally to be Singers to praise the Lord with Instruments that he had made with Harps with Viols and with Cymbals 1 Chron. 23.4 5 c. Of these the most considerable were the first and last the first appointed to assist at the Daily Sacrifices as also at the offering of all Burnt-offerings unto the Lord in the Sabbaths the moneths and at the appointed times according to the number and according to their custom continually before the Lord. Ibid. ver 31. Id. ch 35.7 The other were instructed in the Songs of the Lord not only such as had been made before in the former times but such as he composed himself according to the influence of the holy Spirit Josephus tells us
not only Prayers and Benedictions used and commanded to be used at the Celebration but such a prescribed and determinate Form as quickly was received over all the Church The Commentaries commonly ascribed to Ambrose which if not his are certainly both very pious and of great Antiquity give us the matter of those Prayers which here by the Apostles rule were ladi first of all as a preparatory to the Celebration Haec regula Ecclesiastica est tradita à magistro Gentium qua utuntur sacerdotes nostri ut pro omnibus supplicent Ambr. Comment in â— ad Tim. c. 2. c. This Ecclesiastical Ordinance saith he was given by by the Doctor of the Gentiles which our Priests use unto this day making their Prayers to God for all men Praying for the Kings of the world that they may have their people in obedience that being governed in peace they may serve the Lord in rest and quietness of mind as also for all those which are in Authority under them that they may govern the Common-wealth in truth and equity with plenty of all things that so all tumults and seditions being far removed joyfulness may succeed in the place thereof For it is Bread that strengtheneth and Wine that maketh glad the heart of man They intercede also for all those who are in misery or necessity that being delivered from the same they may praise the Lord the Author of all health and safety finally giving thanks to God for all those blessings which he affordeth us in this life that God may so be praised from whom and Christ by whom so many benefits are bestowed upon us that all things being composed and quieted which might prove dangerous unto the Empire we may have liberty to serve the Lord in godliness and honesty Thus he And this I could fain know how little if at all this differs either for matter form or place from the Prayer entituled for the Church militan here on Earth continued till this day in the Church of England And that according to S. Ambrose if the work be his Secundum regulam Ecclesiasticam traditam à Magistro Gentium conform unto a rule of S. Paul's prescribing I add but this which is observed unto my hand by a very learned and industrious Gentleman for I am willing to acknowledge by whom I profit that in the meaning of the Apostle H. Thorndike of Religious Assemb cap. 10. p. 377. as well as in the practice of the primitive Church Prayers and Supplications were to be made for all men in the Celebration of the Eucharist for Kings c. it being neither strained nor forced as he notes full well to take the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or thanksgiving which S. Paul there useth in that very sense in which it hath been used by Clemens and Ignatius the Apostles Scholars for the Celebration of the Eucharist for the whole action and all the Prayers and supplications which it was celebrated withal For why not thus as well in this place of S. Paul 1 Cor. 14.16 as in another not so likely where the Apostle asks this question HOw shall he which occupieth the room of the unlearned say Amen at thy giving of thanks seeing he understandeth not what he saith Of which thus Beza in his notes Suspicor Apostolum attingere Beza Annot. in 1. ad Cor. c. 14. celebrandae Domini coenae ritum solennem illam gratiarum actionem I am saith he of an opinion that the Apostle in this place doth point unto the Rites of Celebrating the Lords holy Supper and that solemn giving of thanks which was therein used a full description of the which he gives us out of Justin Martyr which we shall see anon in its proper place Whence had the blessed Sacraments the name of Eucharist V. Casaubon in Annal. Eccl. Exerc. 16. n. 40. if our Grammarians and Philologers be not much mistaken but from this solemn giving thanks which was used therein Thus am I fallen at last upon S. Pauls Epistle unto those of Corinth wherein it is conceived that the performances of the Church are most fully handled as they relate unto the publick worship of Almighty God Which though it be as in relation to those times in which there were such wonderful effusions of the holy Spirit yet being that those effusions were miraculous and the publick offices of the Church were governed by the immediate inspiration of the Holy Ghost there are not many things therein which may be drawn into example in these later times in which we must not look for such effusions For it is well observed by Chrysostom Chrysost Homil. 14. n. 18. ad Rom. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That many of those miracles which were frequent then are not to be expected now These extraordinary graces were not given but for an extraordinary end which was the planting of the Gospel in the midst of Paganism or where it was encountred by an obstinate faction of obdurate Jews And therefore they that do pretend to such special gifts as were in those times necessary for theordering and edification of the Church may by as strong a Charter for ought I can see lay claim unto the gift of Tongues and the power of Healing and the spirit of Prophesie which yet I see but few of them do aspire unto Passing by those things therefore in this Epistle which are not to be drawn into example if will appear most clearly from the xiv Chapter that to the constituting of Gods publick Service in the Congregation there went these three parts Prayer Praise and Prophesie which we have formerly observed to be the three ingredients that make up the same This last we find much spoke of throughout that Chapter particularly and by name verse 1 3 5 22 29 31 32 39. The other two he joyneth together in one verse 1 Cor. 14.15 viz. I will pray with the spirit and will pray with understanding also I will sing with the spirit and I will sing with understanding also Himself informs us what he means by Prophesying where it is said that he who Prophesyeth speaketh unto men to edification and exhortation Ibid. v. 3. both which as the times then were there was a great ambition in the Prophets of the Church of Corinth for ostentation of their gifts to utter them in Tongues not understood by the common people This is the thing most blamed by the Apostle in the present Chapter viz. that in their exhortations to the people or explications of the Scriptures they used to speak in unknown tongues and not interpret Ibid. v. 5. 27 And that they did the like in the act of Prayer is conceived by Beza where he thus glosseth on the Text Orabo spiritu i. e. lingua peregrina quam mihi dictat spiritus Beâ—a in Annot. in 1. ad Cor. 14 I will pray in the spirit that is saith he in such an unknown tongue as the spirit
they whose they will And with as little justice do they use S. Austin whose words they bring to prove that it was free for Christians to pray as their occasions did require Vindication p. 17. without being limited to prescribed prayers This they are brought to prove indeed they say well in that For they are thus brought in in another place viz. And to the same purpose that there were then no such stinted Liturgies S. Austin in his 121. Ep. Liberum est c. It is free to ask the same things which are in the Lords prayer Smectymn p. 7. aliis atque aliis verbis sometimes one way and sometimes another But doth this prove think they that in those times there were no stinted Liturgies which is the matter to be proved I cannot possibly believe they think so whatsoever they say The Father in that place as they know full well speaks of private prayer and sheweth that in addressing our desires to God we are not bound to use the very syllables and words of the Lords prayer only I trow none ever said we were Certain I am that there is no such doctrine preached by any of the Sons of the Church of England Besides if there were publick Liturgies in S. Austins times as they seem to grant because they say they will not peremptorily say there were not Vindication ibid. and we say they are peremptory enough when there is ground for it Then certainly whatever might be done in private it was not free nor lawful to ask the same thing in the publick service of the Church aliis atque aliis verbis in other words than were prescribed in those Liturgies And so the testimony out of Austin is neither so full unto the purpose as they did intend nor hath it proved the matter it was brought to prove Id. ibid. So far was that good Father from decrying either the benefit or use of publick Liturgies that as we saw before he derives their petigree not only from the Apostles times ab ipsts Apostolorum temporibus as his own words are but also from their words and warrant and therefore was not like to countenance so bold a freedom of praying in Gods publick worship with what words we listed or indeed any other than the prescribed Forms But this being only his opinion as a private man it may be some will take it to be more authentick if he delivered it in Synod and had therein the suffrage and consent of all the Fathers there Assembled And possible it is that it may be so For in the body of the Canons which as they stand in Balsamons collections are called the Canons of the Council of carthage and so they are in that of Zonaras but as collected by Justellus are called in general the Canons of the Church of Africa there is one runs thus entituled De precibus quae debent fieri ad Altare Touching the prayers to be made at the Altar Codex Can. Eccl. Africn c. 103. Hoc quoque placuit ut precationes quae in Synodo confirmatae sunt sive Praefationes sive Commendationes sive manus impositiones ab omnibus peragantur omnino aliae adversus fidem nunquam proferantur sed quae à sapientioribus colleciae sunt dicentur i. e. It seemeth good unto us say the Fathers that those prayers which have been approved of in the Synod whether that they be Prefaces or Commendations or laying on of hands that is in Ordination as I conceive and I will tell you why anon be performed by all that none which be against the faith be said in publick but only such as have been formerly composed by wise and understanding men This Canon if it were made in any time between the year 395. and 430. it is most likely that S. Austin had a hand in the making of it for so long he sate Bishop of the Church of Hippo. v. baron in Annal. eccl An. 395.430 Binius in editione Concil To. 1. For if it were decreed in the third of Carthage which seems to have a touch of something of it Can. 23. it must be then An. 397. as it is ranked by Baronius if in the Council of Milevis whither some refer it it falls into the year 416. by the same account at one of which S. Austin was and at both of them might be present for ought I know unto the contrary But the truth is the Canons of these African Councils are much disordered in all collections of them which I yet have seen This Canon in the collection made by zonaras being the 117th in that of Balsamon Can. 106. in the Code published by Justellus his 103. and amongst those ascribed to the Milevitan Council 't is in rank the 12th But howsoever it be placed in this rank or that it seems it was not made without good occasion For as it is observed by Balsamon Balsamon notae in Concil Carth. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Some Bishops then as since some Presbyters have done endeavoured to introduce new Forms of their own devising And yet it was not only the Bishops fault some of the Priests was no less active in the Innovation Zonaras in Concil Carthagin Can. 117. and unto them it is referred by Zonaras 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as he tells us there And this not only in the ministration of the daily prayers but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the very act of Ordination in which the Bishop laying hands 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon the head of him that was to be ordained used certain prayers Fically he resolves that in all the several Acts of publick Worship before remembred the prayers confirmed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not first devised in that Synod should be only used 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Id. ibid. and that no new ones brought into the Church by any one whosoever he was should be entertained The reason of the which as 't is touched before so is it more expresly manifested in that of the Milevitan Council if it were of that Ne forte aliquid contra sidem Concil Milevit Can. 12. vel per ignorantiam vel per minus studium sit compositum lest else perhaps either through ignorance or want of care something against the rule of Faith be composed and published So then this was no new restraint and much less the first whereby the liberty of Prayer or praying by a Form of ones own devising was prescribed and limited as some give it out Smectymn p. 7. but a Reviver only or a Confirmation of the antient Canons by which it had been limited and prescribed before As for the Canon of the third of Carthage in which it seems to be permitted to the Minister to use such Prayers in the officiating Gods divine Service concerning which cum fratribus instructioribus contulerit he had before conferred with the learned Brethren Id. Ibid. when they can prove that Canon to be made in
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
Congregation are now more sensibly apparent than ever formerly Other absurdities or inconveniences in this kind I could produce but that these few may serve as a taste for the rest and I am loath to go beyond the compass of a Letter although I cannot but be fearful that I have passed the bounds thereof already However I was willing rather to trespass somewhat on good manners than to be wanting in the least degree to your desire Beseeching you as favourably to accept those Considerations as they are chearfully and faithfully digested by me in obedience to the intimation of your Lordships pleasure which in all matters tending to the Churches service carrieth the force of a Command upon all the studies and endeavours of MY LORD Your Lordships most Humble Servant THE UNDECEIVING OF THE PEOPLE In the point of TITHES Wherein is shewed I. That never any Clergy in the Church of God hath been or is maintained with less charge to the Subject than the established Clergy of the Church of England II. That there is no Subject in the Realm of England who giveth any thing of his own towards the maintenance of his Parish-Minister but his Easter-Offering III. That the change of Tithes into Stipends will bring greater trouble to the Clergy than is yet considered and far less profit to the Countrey than is now pretended By PETER HEYLYN D. D. 1 COR. IX 7. Who goeth a warfare any time at his own charges Who planteth a Vineyard and eateth not of the fruit thereof Or who feedeth a flock and eateth not of the milk of the flocks LONDON Printed by M. Clark to be sold by C. Harper 1681. TO THE READER THE Lands of Bishops and Cathedrals being put to sale there remaineth nothing to support a sinking Ministry but Parochial Tithes and upon these the eyes of Avarice and Rapine were so strongly fixt that all endeavours to preserve them were almost grown desperate The Horseleach and her Daughters in the book of Proverbs are always on the craving hand nothing but Give Give to be heard amongst them Non missura cutem nisi plena cruoris hirudo in the Poets lauguage When they have once tasted the sweets of blood they never lose their hold till full and when full not satisfied The Prey when brought within the view must be hunted close And to this end the Anabaptists on the one side and the Adjutators on the other so bestirred themselves that Petitions against Tithes were hammered in all parts of the Kingdom the Parliament continually vexed with their importunities the vulgar Landholders fool'd into an opinion that they should have those Tithes themselves which before they paid unto the Clergy the common Tradesman and Artificer which had none to pay opening as wide as any of the rest to make up the Cry In this Conjuncture of Affairs Anno 1648. I published a short and plain Discourse entituled The Undeceiving of the People in the point of Tithes under the name of Ph. Treleinie the letters of my own name being transposed into that in the way of Anagram For though I was then sequestred from my Church-preferments in a condition rather of paying than receiving Tithes and consequently could have no Self-ends in it as the case then stood yet I was fearful lest the work of avowed for mine should be neglected as the product of corrupted Interests of one that wholly advocated for his own concernments What benefit redounded by it unto some what satisfaction unto others I had rather thou shouldst hear elsewhere than expect from me All I shall add now is but this that I hope it will not be less profitable unto them that read it nor read by any with more prejudice and disaffection now I acknowledg it for my own than when it came before them in a borrowed name and so fare thee well The Undeceiving of the People In the Point of TITHES AMongst those popular deceits which have been set abroad of late to abuse the people there is not any one which hath been cherished with more endearments than a persuasion put into them of not paying Tithes Partly because it carrieth no small shew of profit with it but principally as it seems a conducible means to make the Clergy more obnoxious to them and to stand more at their devotion than they have done formerly Upon these hopes it hath been the endeavours of some leading men to represent it to the rest as a Publick grievane that the Clergy being but an handful of men in comparison of all the rest of the Kingdom should go away with the tenth or as some say the sixth part of the fruits of the earth and that the Minister sitting still in his contemplations should live upon the sweat of other mens brows and taking pains amongst the people but one day in seven should have the tenth part of their Estates allotted to them for their maintenance And 't is no marvail if some few on these mis-persuasions have importuned the High Court of Parliament from time to time with troublesome and clamorous Petitions to redress this wrong and put them up also in the name of whole Counties although the generality of those Counties had no hand therein to add the greater credit and authority to them In which design although they have prevailed no further on the two Houses of Parliament than to be sent away with this general promise As in the answer to those those of Hartford Kent c. That in due time their Petitions should be taken into consideration and that it was the pleasure of the several and respective Houses that in the mean season they should take care that Tithes be duly paid accordin to Law yet they which have espoused the quarrel will not so be satisfied For when it pleased the Lords and Commons to set out an Ordinance bearing date Novemb. 8. 1644. for the true payment of Tithes and other duties according to the Laws and customs of this Realm there came out presently a Pamphlet entituled The Dismounting of the Ordinance for Tithes followed and backed by many a scandalous Paper of the self-same strain And when it seemed good to the said Lords and Commons on the precipitancy of some of the Clergy under Sequestration to set out their Additional Ordinance of the ninth of August Anno 1647. it was encountred presently with a scurrilous Pamphlet entituled A Preparation for a day of Thanksgiving to the Parliament for their late Ordinance for Tithes newly mounted and well charged with treble damages for the people 's not giving the Tenth part of their Fstates to the Clergy or Impropriators And this according to the style of those Petitions is said to be the Result of the Parliaments Friends in Hartfordshire though I am verily persuaded that few if any of the Gentry and men of quality in the Country were acquainted with it But be it the result of few or many of the Parliaments Friends though I conceive they are but back-friends to the
Platina in vita Eleutheril inito pontificatu at his first entrance on the place wherein Philippus Bergomensis in Supplemento Chronicorum l. 8. and Cocc Sabellicus Ennead 7. l. 5. do either follow him Harpsfield in Ec. hist Angl. c. 3. or concur with him How Lucius came to be inflamed with this holy zeal is related diversly Nicolas Harpsfield doth conceive it to be on occasion of the great Miracle then lately done by the Christian Legion obtaining rain from Heaven by their fervent prayers on the Imperial Army much distressed with drought by means whereof the Emperors dealt very favourably with the Christians adjecta etiam accusatoribus damnatione even to the condemnation of their false Accusers Tertull. Apol. cap. 5. Others conceive that being in himself of a sweet and gratious disposition he was much taken with the reports that had come unto him de miraculis Christi Chron. Gisebur cit ap Armacan de Primordiis praedicatione Apostolorum touching the miracles of Christ and the preaching of his holy Apostles And possibly it might be both one adding help and strength unto the other But whichsoever it was it seemeth he was not very forward at the first to imbrace the Gospel being retarded from the same by the obscure and poor condition of the Christians But when he had been well informed by Pertinax and Trebellius Balaeus de scrip Brit. cent 1. Lieutenants in this Island for the Roman Emperors Romanorum illustres aliquot illam admifisse that many men of mark amongst the Romans had received the faith he then resolved to go through with his good intentions And being so resolved Lib. de primo statu Landanen eccl citat apud Armacan c. 4. he dispatched away Eluanus and Maduinus Britans both and both initiated in the faith to Pope Eleutherius who giving thanks to God for so great a blessing did first of all Baptize the Legates or Ambassadors and having Consecrated Eluanus Bishop and fitted Meduinus for a Doctor or an instructer of the people or made him Presbyter as I conceive the meaning of the place to be he sent them back again to Lucius The issue of the business was eorum praedicatione Lucius totius Britanniae primates baptismum susceperunt that by their preaching both Lucius and all the Noblemen of Britain received the Sacrament of Baptism and that according to the order of the said Eleutherius the State Ecclesiastical was established Bishops ordained and the rules of godly living shewed unto the people Nor did he trust this work to those two alone but he sent with them others also Faganus Platina in vita Eleuther alii and Deruvianus or Damianus as some call him to assist the work and contribute their best endeavours to so great a business as most of our Historians witness This though it were a notable and signal work and that we stand indebted for it unto the piety and zeal of that holy Pope yet was not this the planting of the Gospel here but the watering of it The planting of it was before perhaps before it had been planted even in Rome it self Gildas Gildas de excidio Brit. initio one of the notedst Antiquaries of the British Nation doth affirm expresly Tempore ut scimus summo Tiberii Caesaris that in the latter days of Tiberius Caesar our Saviour Christ the Sun of righteousness had with his beams enlightened this frozen Island and that his Gospel was here propagated without let or hinderance Now Christ our Saviour suffered in the 18th year of this Tiberius and he again deceased in the 39th of our Saviour so that the faith of Christ was at the furthest preached unto the Britains within five years after the bitter passion of our Lord Christ Jesus Whether at Rome so soon or not let them prove that can That it was here so early we have shewed a proof above all exception and yet we have one more to come as little liable to exception in the opinion of the Romanists as that before It is a passage extant in Baronius Baron in Annal an 25. n. 5. and by him borrowed from the Acts or History of Mary Magdalen and her Associats which tells us this that after the dispersion of the Disciples on the death of Steven Lazarus Mary Magdalen Martha and Marcella in quos Judaei majori odio exardescebant against whom the Jews were more incensed than against any of the rest were not only thrust out of Hierusalem but together with one Maximinus one of the Disciples put into a Boat without Oars and so committed unto the mercy or the fury rather of the Sea but were at last by Gods great providence brought unto Marseilles in safety together with Joseph of Arimathea who made himself a partner in the danger with them and after went from Gaul to Britain illicque post praedicatum Evangelium diem clausit extremum where having Preached the Gospel he did end his days With this as for the time of Josephs coming into Britain agreeth the argument made by the English Ambassadors at the Council of Constance Citat ap Armacan de Primordiis Brit. eccles c. 2. upon occasion of a controversie therein agitated touching the dignity and greatness of the Kingdoms of England and France In which it was thus pleaded by the English Advocates statim post passionem Christi that presently on the passion of Christ Joseph of Arimathea that noble Counsellor who took our Saviour from the Cross that he might early in the morning apply himself unto the dressing of the Lords Vineyard came with his twelve Associates into England i.e. that part of Britain which was then called England and converted the People of it to the Faith And this I take Malmesbur in hist Monast Glaston Joh. Capgrave alii building upon the words of Gildas to be more consonant to the truth of story than to put off his coming hither unto the 63. year after Christs Nativity or the 20. after his Ascension as some of our Historians do on far less Authority But being come and having Preached the Gospel here as it is generally delivered by our ancient writers he retired himself unto the Isle of Avalonia Polyd. Virg. hist Ang. l. 2. alii multi Vide c. 3. 4. which we now call Glassenbury and there applyed himself unto his devotions leaving the work by him begun to receive a further measure of perfection both from S. Peter who was here in person and from Aristobulus whom Saint Paul sent hither as before was said And though we do not find any evident footstep that either Aristobulus being ordained Bishop of the Britains or that those Bishops who are said to have been ordained by Saint Peter left any to succeed them in that sacred office or that Religion had gained much upon the People of this Island being then hardly civilized and almost continually in wars and troubles Yet did the Sceleton or carkass of
more unto other men than you had just reason It is my chief ende avour as it is my prayer that possibly I may behold Jerusalem in prosperity all my life long Nor doubt I by the grace of God to reduce some of you at the least to such conformity with the practice of the Catholick Church that even your hands may also labour in the advancement and promotion of that full prosperity which I so desire This that I may the better do I shall present you as I said with the true story of the Sabbath and therein lay before your eyes both what the Doctrine was and what the practice of all former times and how it stands in both respects with all Gods Churches at this present First for the Sabbath I shall shew you that it was not instituted by the Lord in Paradise nor naturally imprinted in the soul of man nor ever kept by any of the Antient Fathers before Moses time And this not generally said and no more but so but proved particularly and successively in a continued descent of times and men Next that being given unto the Jews by Moses it was not so observed or reckoned of as any of the moral precepts but sometimes kept and sometimes not according as mens private businesses or the necessities of the state might give way unto it and finally was for ever abrogated with the other Ceremonies at the destruction of the Temple As for the Gentiles all this while it shall hereby appear that they took no more notice of it except a little at the latter end of the Jewish State than to deride both it and all them that kept it Then for the Lords day that it was not instituted by our Saviour Christ commanded by the Apostles or ordained first by any other Authority than the voluntary Consecration of it by the Church to religious uses and being Consecrated to those uses was not advanced to that esteem which it now enjoys but liesurely and by degrees partly by the Edicts of secular Princes partly by Canons of particular Councils and finally by the Decretals of several Popes and Orders of inferiour Prelates and being so advanced is subject still as many Protestant Doctors say to the Authority of the Church to be retained or changed as the Church thinks fit Finally that in all Ages heretofore and in all Churches at this present it neither was nor is esteemed of as a Sabbath day nor reckoned of so near a kin to the former Sabbath but that at all such leisure times as were not destinate by the Church to Gods publick service men might apply their minds and bestow their thoughts either about their businesses or upon their pleasures such as are lawful in themselves and not prohibited by those powers under which they lived Which shewed and manifestly proved unto you I doubt not but those Paper-walls which have been raised heretofore to defend these Doctrines how sair soever they may seem to the outward eye and whatsoever colours have been laid upon them will in the end appear unto you to be but Paper-walls indeed some beaten down by the report only of those many Canons which have successively been mounted in the Church of God either to fortifie the Lords day which it self did institute or cast down those Jewish fancies which some had laboured to restore Such passages as occurred concerning England I purposely have deferred till the two last Chapters that you may look upon the actions of our Ancestors with a clearer eye both those who lived at the first planting of Religion and those who had so great an hand in the reforming of the same And yet not look upon them only but by comparing your new Doctrines with those which were delivered in the former times your severe practice with the innocent liberty which they used amongst them You may the better see your errours and what strange Incense you have offered in the Church of God A way in which I have the rather made choice to walk that by the practice of the Church in general you may the better judge of those Texts of Scripture which seem to you to speak in the behalf of that new Divinity which you have preached unto the People and by the practice of this Church particularly it may with greater ease be shewed you that you did never suck these Doctrines from your Mothers Breasts It is an observation and a rule in Law that custom is the best interpreter of a doubtful statute and we are lesson'd thereupon to cast our eyes in all such questionable matters unto the practice of the state in the self-same case Si de interpretatione legis quaeritur imprimis inspiciendnm est quo jure civitas retro in hujusmodi casibus usa fuit Consuetudo enim optima interpretatio legis est De legib longa consuet If you submit unto this rule and stand unto the Plea which you oft have made I verily persuade my self that you will quickly find your errour and that withal you will discover how to abet a new and dangerous Doctrine you have deserted the whole practice of the Christian Church which for the space of 1600 years hath been embraced and followed by all godly men These are the hopes which we project unto our selves The cause of this our undertaking was your Information and the chief end we aim at is your Reformation Your selves my Brethren and your good if I may procure it are the occasion and the recompence of these poor endeavours Pretiumque causa laboris in the Poets language Nor would I you should think it any blemish to your reputation should you desert a cause which with so vehement affections you have first mainteined or that the world would censure you of too deep a folly should you retract what you have either taught or written in the times before Rather the world and all good men shall praise both your integrity and ingenuity in that you think it no disparagement to yield the better unto truth whensoever you find it Being men conceive it not impossible but that you may be in an errour and having erred think it your greatest Victory that you are conquered by the truth which being mighty will prevail and either here or elsewhere enforce all of us to confess the great powers thereof S. Austin and the Cardinal two as great Clerks as almost any in their times have herein shewed the way unto you one in his Retractations the other in his Recognitions nor did it ever turn unto their disgrace Therefore abandoning all such fond conceits as enemies unto the truth which I trust you seek and above all things wish to find let me beseech you to possess your souls with desire of knowledge and that you would not shut your eyes against the tendry of those truths which either here or elsewhere are presented to you for your information Which that you may the better do I do adjure you in the name and for the
the Levites were appointed in the times before to bear about the Tabernacle as occasion was the Tabernacle now being fixed and setled in Hierusalem there was no further use of the Levites service in that kind 1 Chron. 23.4 5. Therefore King David thought it good to set them to some new employments and so he hid some of them to assist the Priests in the publick Ministery some to be Overseers and Judges of the people some to be Porters also in the house of God and finally some others to be Singers to praise the Lord with instruments that he had made with Harps with Viols and with Cymbals Of these the most considerable were the first and last The first appointed to assist at the daily Sacrifices Verse 31. as also at the Offering of all Burnt-offerings unto the Lord in the Sabbaths in the months and at the appointed times according to the number and according to their custom continually before the Lord. Those were instructed in the songs of the Lord. Cpap. 25.7 The other were chiefly which were made for the Sabbath days and the other Festivals and one he made himself of his own enditing entituled a Song or Psalm for the Sabbath day Psalm 92. Calvin upon the 92 Psalm is of opinion that he made many for that purpose as no doubt he did and so he did for the Feasts also Josephus tells us Antiq. Jud. l. 7. c. 10. that he composed Odes and Hymns to the praise of God as also that he made divers kinds of instruments and that he taught the Levites to praise Gods Name upon the Sabbath days 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the other Festivals as well upon the Annual as the weekly Sabbath Where note that in the distribution of the Levites into several Offices there was then no such Office thought of as to be Readers of the Law which proves sufficiently that the Law was not yet read publickly unto the people on the Sabbath day Nor did he only appoint them their Songs and Instruments but so exact and punctual was he that he prescribed what Habit they should wear in the discharging of their Ministery in singing praises to the Lord which was a white linnen Rayment such as the Surplice now in use in the Church of England 2 Chron. 5.12 13. Also the Levites saith the Text which were the singers being arrayed in white linnen having Cymbals and Psalteries and Harps stood at the East end of the Altar c. praising and thanking God for his Grace and wercies And this he did not by commandment from above or any warrant but his own as we find and that he thought it fit and decent David the Prophet of the Lord knew well what did belong to David the King of Israel in ordering matters of the Church and setling things about the Sabbath Nor can it be but worth the notice that the first King whom God raised up to be a nursing Father unto his Church should exercise his regal power in dictating what he would have done on the Sabbath day in reference to Gods publick Worship As if in him the Lord did mean to teach all others of the same condition as no doubt he did that it pertains to them to vindicate the day of his publick service as well from superstitious fancies as prophane contempts and to take special order that his name be glorified as well in the performances of the Priests as the devotions of the people This special care we shall find verified in Constantine the first Christian Emperour of whom more hereaster in the next Book and third Chapter Now what was there ordained by David was afterwards confirmed by Solomon whereof see 2 Chron. 8.14 who as he built a Temple for Gods publick Worship for the New-moons and weekly Sabbaths and the solemn Feasts as the Scripture tells us so he or some of his Sucessours built a fair feat within the Porch thereof wherein the Kings did use to sit both on the Sabbath and the annual Festivals The Scripture calls it tegmen sabbati the covert for the Sabbath that is saith Rabbi Solomon 2 Kings 16. locus quidam in porticu templi gratiose coopertus in quo Rex sedebat die sabbati in magnis festivitatibus as before was said So that in this too both were equal From David pass we to Elijah from one great Prophet to anotyher both persecuted and both fain to flie and both to flie upon the Sabbath Elijah had made havock of the Priests of Baal and Jezebel sent a message to him that he should arm himself to expect the like The Prophet warned hereof arose and being encouraged by an Angel 2 Kings 19.8 he did eat and drink and walked in the strength of that meat forty days and forty nights until he came to Horeb the Mount of God What walked he forty days and as many nights without rest or ceasing So it is resolved on Elijah as we read in Damascen De fide Orthod l. 4. c. 24. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 disqueting himself non only by continual fasting but by his traveling on the Sabbath even for the space of forty days 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 did without question break the Sabbath yet God who made that Law was not at all offended with him but rather to reward his vertue Andae qu. 122.8.15.4 appeared to him in Mount Horeb. So Thomas Aquinas speaking of some men in the old Testament qui transgredientes observantiam subbati non peccabant who did transgress against the Sabbath and yet did not sin makes instance of Elijah and of his Journey Wherein saith he it must needs be granted that be did travel on the Sabbath And where a question might be made how possibly Elijab could spend forty days and forty nights in so small a Journey Tostatus makes reply that he went not directly forwards but wandred up and down and from place to place ex timore inquiectudine mentis In locum partly for fear of being sound and partly out of a disquieted and afflicted mind Now whiles Elijab was in exile Benbadad King of Syria invaded Israel and incamped near Aphek where Ahab also followed him and sat down by him with his Army And saith the Text they pitched one over against the other seven days 1 Kings 20.29 and so it was that in the seventh day the Battel was joyned and the children of Israel slew of the Syrians an bundred thousand footmen in one day Ask Zanchius what this seventh day was and he will tell you plainly that it was the Sabbath 14 4 Mandat For shewing us that any servile works may be done lawfully on the Sabbath if either Charity or unavoidable necessity do so require he brings this History in for the proof thereof And then he adds Illi die ipso sabbati quia necessitas postulabat pugnam cum hostibus commiserunt c. The Israelites saith he fighting against their Enemies
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
concern Gods service and that the Apostles made it manifest by their Example Singulis diebus vel quocunque die That every day or any day Catech. qu. 103. §. 2. may by the Church be set apart for religious Exercises And as for Vrsine he makes this difference between the Lords day and the Sabbath that it was utterly unlawful to the Jews either to neglect or change the Sabbath without express Commandment from God himself as being a ceremonial part of divine Worship but for the Christian Church that may design the first or second or any other day to Gods publick service Ecclesia vero Christiana primum vel alium diem tribuit ministerio salva sua libertate sine opinione cultus vel necessitatis as his words there are To these add Dietericus a Lutheran Divine Dom. 17. post Trinit who though he makes the keeping of one day in seven to be the moral part of the fourth Commandment yet for that day it may be dies Sabbati or dies Solis or quicunque alius Sunday or Saturday or any other be it one in seven And so Hospinian is persuaded Dominicum diem mutare in alium transserre licet That is the occasions of the Church do so require the Lords day may be changed unto any other provided it be one of seven and that the change be so transacted that it produce no scandal or confusion in the Church of God Nay by the doctrine of the Helvetian Churches if I conceive their meaning rightly every particular Church may destinate what day they please to religious meetings and every day may be a Lords day Cap. 2. or a Sabbath For so they give it up in their Confession Deligit ergo quaevis Ecclesiae sibi certum tempus ad preces publicas Evangelii praedicationem necnon sacramentorum celebrationem though for their parts they kept that day which had been set apart for those holy uses even from the time of the Apostles yet so that they conceived it free to keep the Lords day or the Sabbath Sed Dominicum non Sabbatum libera observatione celebramus Some Sectaries since the Reformation have gone further yet and would have had all days alike as unto their use all equally to be regarded and reckoned that the Lords day as the Church continued it was a Jewish Ordinance thwarting the Doctrine of Saint Paul who seemed to them to abrogate that difference of days which the Church retained This was the fancy or the frenzy rather of the Anabaptist taking the hint perhaps from something which had been formerly delivered by some wiser men and after them of the Swinck feildian and the Familist as in the times before of the Petro-Brusians and if Waldensis wrong him not of Wiclef also Such being the Doctrine of those Churches the Protestant and those of Rome it is not to be thought but that their practice is according Both make the Lords day only an Ecclesiastical constitution and therefore keep it so far forth as by the Canons of their Churches they are enjoyned These what they are at Rome and those of her obedience we have seen already and little hath been added since It hath not been of late a time to make new restraints rather to mitigate the old to lay down such which were most burdensom and grievous to be born withal And so it seems they do Azorius the Jesuit being more remiss in stating and determining the restraints imposed on the Lords day and the other Holy days than Tostatus was who lived in safer times by far than these now present nor is their Discipline so severe as their Canon neither So that the Lords day there for ought I could observe when I was amongst them is solemnized much after the same manner as with us in England repairing to the Church both at Mass and Vespers riding abroad to take the Air or otherwise to refresh themselvas and following their honest pleasures at such leisure times as are not destir ate to the publick meetings the people not being barred from travelling about their lawful business as occasion is so they reserve some time for their Devotions in the publick Which is indeed agreeable to the most antient and most laudable custom in the Church of God Now for the protestant Churches the Lutherans do not differ much from that which we have said before of the Church of Rome and therefore there is nothing to be said of them But for the rest which follow Galvin and think themselves the only Orthodox and Reformed Churches we will consider them in three several circumstances first in the exercise of Religious Duties secondly in restraint from labours and thirdly in permission of Recreations And first for the excrcise of religious Duties they use it in the Morning only the Afternoon being left at large for any and for every man to dispose thereof as to him seems fitting So is it in the Churches of high Germany those of the Palatinate and all the others of that mould For I have heard from Gentlemen of good repute that at the first reception of the Lady Elizabeth into that Countrey on Sunday after Dinner the Coaches and the Horses were brought forth and all the Princes Court betook themselves unto their pleasures sures Hunting or Hawking as the season of the year was fit for either Which tend the Princcss thither answer was made it was their custom so to do and that they had no Evening-service but ended all the Duties of the day with the Morningsermon Nor is this custom only and no more but so art 46. There is a Canon for it in some places it must be no otherwise For in the first Council of Dort Anno 1574. it was Decreed Publicae vespertinae preces non sunt introducendae ubi non sunt introduciae ubi sunt tollantur that in such Churches where publick Evening Prayer had not been admitted it should continue as it was and where they were admitted they should be put down So Doctor Smith relates the Canon if so irregular a Decree may deserve that name in his collat doctr Cathol Protest cap. 68. Art 1. And so it stood till the last synod of Dort Anno 1618. what time to raise the reputation of the Palatine Catechisin Sess 14. being not long after to be admitted into their Canon it was concluded that Catechism-lectures should be read each Sunday in the afternoon nor to be laid aside propter auditorum infrequentiam for want of Auditors Now to allure the people thither being before staved off by a former Synod it was provided that their Ministers should read howsoever Coram paucis auditoribus immo vel coram suis famulis tantu Though few were present or none but their domestick servants in hope by little and little to attract the people And secondly it was resolved on to implore the civil Magistrate Vt opera omnia servilia seu quotidiana c. quibus tempus
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
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
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
to the judgment of the Protestants before remembred 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 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 4. That by the Queens Injunctions and the first Parliament of her Keign the Lords day was not meant for a Sabbath day 5. The doctrine in the Homilies delivered about the Lords day and the Sabbath 6. The sum and substance of that Homily and that it makes not any thing for a Lords day Sabbath 7. The first original of the New Sabbath Speculations in this Church of England by whom and for what cause invented 8. Strange and most monstrous Paradoxes preached on occasion of the former doctrines and of the other effects thereof 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 10. The Jewish Sabbath set on foot and of King James his declaration about lawful sports on the Lords day 11. What Tracts were writ and published in that Princes time in opposition to the doctrines before remembred 12. In what estate the Lords day and the other Holy days have stood in Scotland since the reformation of Religion in that Kingdom 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 14. An exhortation to obedience unto his Majesties most Christian purpose concludes this History THUS are we safely come to these present times the times of Reformation wherein whatever had been taught or done in the former days was publickly brought unto the test and if not well approved of layed aside either as unprofitable or plainly hurtful So dealt the Reformators of the church of England as with other things with that which we have now in hand the Lords day and the other Holy days keeping the days as many of them as were thought convenient for the advancement of true godliness and increase of piety but paring off those superstitious conceits and matters of opinion which had been entertained about them But first before we come to this we will by way of preparation lay down the judgments of some men in the present point men of good quality in their times and such as were content to be made a sacrifice in the common Cause Of these I shall take notice of three particularly according to the several times in the which they lived And first we will begin with Master Frith who suffered in the year 1533. who in his declaration of Baptism thus declares himself Our forefathers saith he Page 96. which were in the beginning of the Church did abrogate the Sabbath to the intent that men might have an ensample of Christian liberty c. Howbeith because it was necessary that a day should be reserved in which the people should come together to hear the Word of God they ordained instead of the Sabbath which was Saturday the next day following which is Sunday And although they might have kept the Saturday with the Jew as a thing indifferent yet they did much better Some three years after him Anno 1536. being the 28. of Henry the eighth suffered Master Tyndall who in his answer to Sir Thomas More hath resolved it thus As for the Sabbath we be Lords over the Sabbath Page 287. and may yet change it into Monday or into any other day as we see need or may make every tenth day Holy day only if we see cause why Neither was there any cause to change it from the Saturday but to put a difference between us and the Jews neither reed we any Holy day at all if the people might be taught without it Last of all bishop Hooper sometimes Bishop of Gloucester who suffered in Queen Maries Reign doth in a Treatise by him written on the Ten Commandments and printed in the year 1550. go the self-same way age 103. We may not think saith he that God gave any more holiness to the Sabbath than to the other days For if ye consider Friday Pag. 103. Saturday or Sunday inasmuch as they be days and the work of God the one is no more holy than the other but that day is always most holy in the which we most apply and give our selves unto holy works To that end did he sanctifie the Sabbath day not that we should give our selves to illness or such Ethnical pastime as is now used amongst Ethnical people but being free that day from the travels of this World we might consider the works and benefits of God with thanksgiving hear the Word of God honour him and fear him then to learn who and where be the poor of Christ that want our help Thus they and they amongst them have resolved on these four conclusions First that one day is no more holy than another the Sunday than the Saturday or the Friday further than they are set apart for holy Uses Secondly that the Lords day hath no institution from divine authority but was ordained by our fore-fathers in the beginning of the Church that so the people might have a Day to come together and hear Gods Word Thirdly that still the Church hath power to change the day from Sunday unto Monday or what day she will And lastly that one day in seven is not the Moral part of the fourth Commandment for Mr. Tyndal saith expresly that by the Church of God each tenth day only may be kept holy if we see cause why So that the marvel is the greater that any man should now affirm as some men have done that they are willing to lay down both their Lives and Livings in maintenance of those contrary Opinions which in these latter days have been taken up Now that which was affirmed by them in their particulars was not long afterwards made good by the general Body of this Church and State the King the Lords Spiritual and Temporal and all the Commons met in Parliament Anno the fifth and sixth of King Edward the sixth 5 6 Edw. 6. cap. 3. where to the honour of Almighty God it was thus enacted For as much as men be not at all times so mindful to Iaud and praise God so ready to resort to hear Gods holy Word and to come to the holy Communion c. as their bounden duty doth require therefore to call men to remembrance of their duty and to help their infirmity it hath been wholsomly provided that there should be some certain times and days appointed wherein the Christians should cease from all kind of labour and apply themselves only and wholly unto the aforesaid holy works properly pertaining to true Keligion c. Which works as they may well be called Gods Service so the time
entertained in the Christian Church as also to have mercy on them for the neglect thereof in those Holy days which by the wisdom and authority of the Church had been set apart for Gods publick Service Besides this Prayer was then conceived when there was no suspition that any would make use thereof to introduce a Jewish Sabbath but when men rather were inclined to the contrary errour to take away those certain and appointed times Lords days and other Holy days which by the wisdom of the Church had been retained in the Reformation The Anabaptists were strongly bent that way as before we shewed and if we look into the Articles of our Church See Art 26.37 38 39. we shall then find what special care was taken to suppress their errours in other points which had taken footing as it seems in this Church and Kingdom Therefore the more likely it is that this Cluse was added to crush their furious fancies in this particular of not hallowing certain days and times to Gods publick Service Yet I conceive withal that had those Reverend Prelates foreseen how much their pious purpose would have been abused by wresting it to introduce a Sabbath which they never meant they would have cast their meaning in another mould Proceed we to the Reign of Queen Elizabeth that so much celebrated Princess and in the first place we shall meet with her Injunctions published the first year of her Empire in which the Sunday is not only counted with the other Holy days but labour at some times permitted and which is more enjoyn'd upon it For thus it pleased her to declare her will and pleasure Injunct 20. All the Queens faithful and loving Subjects shall from henceforth celebrate and keep their holy day according to Gods holy will and pleasure that is in hearing the Word of God read and taught in private and publick Prayers in knowledging their offences unto God and amendment of the same in reconciling of themselves charitably to their Neighbours where displeasure hath been in oftentimes receiving the Communion of the Body and Blood of Christ in bistting the Poor and Sick using all soberness and godly conversation This seems to be severe enough but what followeth next Yet notwithstanding all Parsons Vicars and Curats shall teach and declare to their Parishioners that they may with a safe and quiet conscience after their Common Prayer in the time of Harvest labour upon the boly and Festival days and save that thing which God hath sent And if for any scrupulosity or grudg of Conscience men should superstitiously abstain from working on these days that then they should grievously offend and displease God This makes it evident that Qu. Elizabeth in her own particular took not the Lords day for a Sabbath or to be of a different nature from the other Holy days nor was it taken so by the whole Body of our Church and State in the first Parliament of her Reign 1 Eliz. c. 2. what time it was enacted That all and every person and persons inhabiting within this Realm and any other the Queens Dominious shall diligently and faithfully having no lawful or reasonable excuse to be absent endeavour themselves to resort to their Parish Church or Chappel accustomed or upon reasonable let thereof to some usual place where Common Prayer shall be used in such time of let upon every Sunday and other days ordained and used to be kept as Holy day and then and there to abide orderly and soverly During the time of Common Prayer Preaching or other Service of God upon pain of punishment c. This Law is still in force and still like to be and by this Law the Sundays and the Holy days are alike regarded Nor by the Law only but by the purpose and intent of holy Church who in her publick Liturgy is as full and large for every one of the Holy days as for the Sunday the Letany excepted only For otherwise by the rule and prescript thereof the same Religious Offices are designed for both the same devout attendance required for both and whatsoever else may make both equal And therefore by this Statute and the Common Prayer-Book we are to keep more Sabbaths than the Lords Day Sabbath or else none at all Next look we on the Homilies part of the publick Monuments of the Church of England set forth and authorized Anno 1562. being the fourth of that Queens Reign In that entituled Of the place and time of Prayer we shall find it thus As concerning the Time in which God hath appointed his people to assemble together solemnly it doth appear by the fourth Commandment c. And Albeit this Commandment of God doth noâ— hind Christian people so straitly to observe and keep the utter ceremonies of the Sabbath day as it did the Jews as touching the forbearing of work and labour in the time of great necessity and as thouching the precise keeping of the seventh Day after the manner of the Jews for we keep now the first day which is our Sunday and make that our Sabbath that is our day of rest in honour of our Saviour Christ who as upon that day he rose from death conquering the same most triumphantly Yet notwithstanding whatsoever is found in the Comandment appertaining to the Law of Nature as a thing most godly most just and needful for the setting forth of Gods glory ought to be retained and kept of all good Christian people And therefore by this Commandment we ought to have a time as one day in the week wherein we ought to rest yea from our lawful and needful words For like as it appeareth by this Commandment that no man in the six days ought to be slothful and idle but diligently to labour in that state wherein God hath set him even so God hath given express charge to all men that upon the Sabbath day which is now our Sunday they should cease from all weekly and work-day labour to the intent that like as God 〈◊〉 wrought six days and rested the seventh and blessed and sanctified it and consecrated it to quietness and rest from labour even so Gods obedient people should use the Sunday Holily and rest from their common and daily business and aisa give themselves wholly to Heavenly exercises of Gods true religion and service â—o that God doth not only command the observation of this holy day but also by his own example doth stir and provoke us to the diligent keeping of the same c. Thus it may plainly appear that Gods will and Commandment was to have a solemn time and standing day in the week Wherein the people should come together and have in remembrance his wonderful benefits and to render him thank 's for them an appertaineth to loving kind and obedient people This example and Commandment of God the godly Christian people began to follow imâ—ediately after the Ascension of our Lord Christ and began to choose them a standing day of
the week to come together in yet not the seventh day which the Jews kept but the Lords day the day of the Lords resurrection the day after the seventh day which is the first day of the week c. Sithence which time Gods 〈◊〉 hath always in all Ages without any gain-saying used to come together â—â— the Sunday to celebrate and honour the Lords blessed Name and carefully to 〈◊〉 that 〈…〉 If it and quietness both Man and Woman Child Servant and Stranger So far the Homily and this is all thereof which is doctrinal The residue consists in reprehension of two sorts of men one of the which if they had any business to do though there were no extream need would not spare the Sunday but med all days alike the holy-days and work-days all as one the other so consumed the day in gluttony and drunkenness and such fleshly filthiness that as it is there said the Lord was more dishonoured and the I euil better served on the Sunday than upon all the days in the week besides This saith the Homily and this hath often been alledged as well to prove a Lords day Sabbath to be allowed of by the doctrine of the Church of England as at this present time to justifie the disobedience of those men who have refused to publish the Princes pleasure in point of Recreations But this if well examined will as little help them as Lord have mercy upon us in the Common-Prayer book For first it is here said that there is no more of the fourth Commandment to be retained and kept of good Christian people than whatsoever is found in it appertaining to the law of Nature But we have proved before that there is nothing in the fourth Commandment of the law of Nature but that some time be set apart for Gods publick service the precept so far forth as it enjoyns one day in seven or the seventh day precisely from the worlds creation being avowed for ceremonial by all kind of Writers Secondly it is said not that the Lords day was enjoyned by Divine Authority either by Christ himself or his Apostles but chosen for a standing day to come together in by godly Christian people immediately after the Ascension of our Lord Christ If chose by them then not enjoyned by the Apostles if not till after the Ascension of our Saviour Christ then not at all by him commanded Thirdly whereas they chose themselves a standing day in the week to come together in they did not this by any obligation laid upon them by the fourth Commandment but only by a voluntary following of Gods example and the Analogy or equity of Gods Commandment which was they do not say which is that he would have amongst the Jews a solemn time and standing day in the week wherein the people 〈◊〉 have in remembrance his wonderful benefits and render thanks to him for the same For it is said that this example and Commandment of God the gody Christian people began to follow after Christs Ascension So that it seems they might have chosen whether they would have followed them or not Fourthly when they had chosen this day which we now observe for their publick meetings they did not think themselves obliged by the fourth Commandment to forbear work and labour in time of great necessity or to the precise keeping of the same after the manner of the Jews both which they must have done had they conceived the keeping of one day in seven to be the moral part of the fourth Commandment and to oblige us now no less than it did them formerly as some men have taught us Now whereas some have drawn from hence these two conclusions First that according to this Homily we ought to keep one day in seven by the fourth Commandment and secondly that we must spend it wholly in religious exercises I would fain know how those conclusions can be raised from the former premises It 's true the Homily hath told us that by the fourth Commandment we ought to have a time as one day in the week wherein we ought to rest from our needful works Where note that there it is not said that by the fourth Commandment we ought to have one day in the week which is plain and peremptory but that we ought to have a time as one day in the week which was plainly arbitrary A time we ought to have by the fourth Commandment as being that part of it which pertains to the law of Nature But for the next words as one day in the week they are not there laid down as imposed on us by the Law but only instanced in as setled at that time in the Church of God So where it is affirmed in another place that Gods will and commandment was to have a solemn time and standing day in the week we grant indeed that so it was and that the Godly Christian people in the Primitive times were easily induced to give God no less than what he formerly commanded But had the meaning of the Homily been this that we were bound to have a standing day in the week by the fourth Commandment they would have plainly said it is Gods will and pleasure that it should be so and not have told us what it was in the times before It 's true the Homily hath told us that we should rest our selves on Sunday from our common business and also give our selves wholly to Heavenly exercises of Gods true religion and service Where note it is not said that we should spend the day wholly in Heavenly exercises for then there were no time allowed us to eat and drink which are meer natural employments But that we give our selves wholly that is our whole selves body and soul to that performance of those heavenly exercises which are required of us in the way of true religion and Gods publick service It is accounted as we have formerly made plain to be the ceremonial part of the fourth Commandment In Exod. 20. qu. 11. quod fiat semel in qualibet hebdomada quod fiat in una die tota ista observatio quod per totam diem abstineatur ab operibus servilibus First the determining of the day to be one in seven next that this one day wholly be so employed and last of all that all that day there be an absolute cessation from all servile works Therefore the spending wholly of one day in seven being ceremonial comes not within the compass of the Homily which would have no more of the fourth Commandment to be kept amongst us than what is appertaining to the law of Nature Now it pertains unto the law of Nature that for the times appointed to Gods publick worship Id. ib. we wholly sequester our selves from all worldly businesses natural est quod dum Deum colimus ab aliis abstineamus as Tostatus hath it and then the meaning of the Homily will be briefly this that for those times which are
the first time that ever these Sabbath Doctrines peeped into the light For Dr. Bound the first sworn servant of the Sabbath hath in his first edition thus declared himself Page 31. that he sees not where the Lord hath given any authority to his Church ordinarily and perpetually to sanctifie any day except that which he hath sanctified himself and makes it an especial argument against the goodness of the Religion in the Church of Rome that to the seventh day they have joined so many other days Page 32. and made them equal with the seventh if not superiour thereunto as well in the solemnity of divine Offices as restraint from labour So that we may perceive by this that their intent from the beginning was to cry down the holy days as superstitious Popish Ordinances that so their new found Sabbath being placed alone and Sabbath now it must be called might become more eminent Nor were the other though more private effects thereof of less dangerous nature the people being so insnared with these new devices and pressed with rigours more than Jewish that certainly they are in as bad condition as were the Israelites of old when they were captivated and kept under by the Scribes and Pharisees Some I have known for in this point I will say nothing without good assurance who in a furious kind of zeal like the mad Prophetess in the Poet have run into the open streets yea and searched private Houses too to look for such as spent those hours on the Lords day in lawful pastimes which were not destinate by the Church to Gods publick service and having found them out scattered the company brake the Instruments and if my memory fail me not the Musitians head and which is more they thought that they were bound in conscience so to do Others that will not suffer either baked or roast to be made ready for their Dinners on their Sabbath day lest by so doing they should eat and drink their own damnation according to the doctrine preached unto them Some that upon the Sabbath will not sell a pint of Wine or the like Commodity though Wine was made by God not only for mans often infirmities but to make glad his heart and refresh his spirits and therefore no less requisite on the Lords day than on any other Others which have refused to carry provender to an Horse on the supposed Sabbath day though our Redeemer thought it no impiety on the true Sabbath day indeed to lead poor Cattel to the Water which was the motive and occasion of M. Brerewoods learned Treatise So for the female sex Maid-servants I have met with some two or three who though they were content to dress their meat upon the Sabbath yet by no means would be persuaded either to wash their Dishes or make clean their Kitchen But that which most of all affects me is that a Gentlewoman at whose House I lay in Leicester the last Northern Progress Anno 1634. expressed a great desire to see the King and Queen who were then both there And when I proferd her my service to satisfie that loyal longing she thanked me but refused the favour because it was the Sabbath day Unto so strange a bondage are the people brought that as before I said a greater never was imposed on the Jews themselves what time the consciences of that people were pinned most closely on the sleeves of the Scribes and Pharisees But to go forwards in my story it came to pass for all the care before remembred that having such a plausible and fair pretence as sanctifying a day unto the Lord and keeping a Commandment that had long been silenced it got strong footing in the Kingdom as before is said the rather because many things which were indeed strong avocations from Gods publick Service were as then permitted Therefore it pleased King James in the first entrance of his Reign so far to condescend unto them as to take off such things which seemed most offensive To which intent he signitied his loyal pleasure by Proclamation dated at Theobald May 7. 1603. that Whereas he had been informed that there had been in tormer times a greet neglect in keeping the Sabbath day for better obserbing of the same and for abeiding of all impious prophanarion of it be straitly charged and commanded that no Bear-baiting Bull baiting Enterludes common Plays or other like disordered or unlawful exercises or pastimes be frequented kept or used at any time hereafter upon any Sabbath day Not that his purpose was to debar himself of lawful pleasures on that day but to prohibit such disordered and unlawful pastimes whereby the common people were withdrawn from the Congregation they being only to be reckoned for Common Plays which at the instant of their Acting or representing are studied only for the entertainment of the common people on the publick Theaters Yet did not this though much content them And therefore in the Conference at Hampton Court it seemed good to D. Reynolds who had been made a party in the cause to touch upon the prophanation of the Sabbath for so he called it and contempt of his Majesties Proclamation made for the reforming of that abuse of which be earnestly desired a straiter course for reformation thereof to which he found a gentral and unanimous assent Nor was there an assent only and nothing done For presently in the following Convocation it pleased the Prelates there assembled to revive so much of the Queens Injunction before remembred as to them seemed fitting and to incorporate it into the Commons then agreed of only a little alteration to make it more agreeable to the present times being used therein That then they ordered in the Canon for due celebrution of Sundays and holp days Can. 13. viz. All manner of persons within the Church of England shall from beneeforth celebrote and heep the Lords day commonly called Sunday and other Holy days according to Gods holy will and pleasure and the Diders of the Church of England prescribed in that behalf i.e. in hearing the Word of God read and taught in pribate and publich Prapert in acknowledging their offences to God and amendment of the same in reconciling themselves charitably to their Neighbours where displeasure had been in offentimes receibing the Communion of the Body and Blood of Christ using all godly and scber conversation The residue of the said Injunction touching work in Harvest it seemed fit unto them not to touch upon leaving the same to stand or fall by the statute of King Edward the sixth before remembred A Canon of an excellent composition For by enjoyning godly and sober conversation and diligent repair to Church to hear the Word of God and receive the Sacrament they stopped the course of that prophaneness which formerly had been complained of and by their ranking of the holy days in equal place and height with Sunday and limiting the celebration of the same unto the Orders in that case
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
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
of Heavenly gifts he had no spot of uncleanness in him he was sound and perfect in all parts both outwardly and inwardly his reason was uncorrupt his understanding was pure and good his will was obedient and goldly he was made altogether like unto God in Righteousness in Holiness in Wisdom in Truth to be short in all kind of perfection After which having spoken of mans Temporal Felicities relating to the delicacies of the Garden of Eden and the Dominion which God gave him over all the Creatures the Homily doth thus proceed viz. But as the common nature of all men is in time of prosperity and wealth to forget not only themselves but also God even so did this first man Adam who having but one Commandment at Gods hand namely That he should not eat of the Fruit of Knowledge of Good and Evil did notwithstanding most unmindfully or rather most wilfully break it Hom. of the Nativity p. 168. in forgetting the strait charge of his Maker and giving ear to the crafty suggestion of the evil Serpent the Devil whereby it came to pass that as before he was blessed so now he was accursed as before he was loved so now he was abhorred as before he was most beautiful and precious so now he was most vile and wretched in the sight of his Lord and Maker instead of the Image of God he was now become the Image of the Devil instead of a Citizen of Heaven he was now become the Bond-slave of Hell having in himself no one part of his former purity and cleanness but being altogether spotted and defiled insomuch that now he seemed to be nothing else but a lump of sin and therefore by the just judgment of God was condemned to everlasting death This being said touching the introduction of the body of Sin the Homily doth first proceed to the propagation and universal spreading of it and afterwards to the Restitution of lost man by faith in Christ This so great and miserable plague for so the Homily proceedeth if it had only rested in Adam who first offended it had been so much the easier and might the better have been born but it fell not only on him but also in his Posterity and Children for ever so that the whole brood of Adams flesh should sustain the self same fall and punishment which their forefather by his offence most justly had deserved S. Paul in the fifth to the Romans saith By the offence of only Adam the fault came upon all men to condemnation and by one mans disobedience many were made sinners By which words we are taught that as in Adam all men universally received the reward of sin that is to say became mortal and subject unto death having in themselves nothing but everlasting condemnation both of body and soul c. Had it been any marvel if man-kind had been utterly driven to desperation being thus fallen from life to death from salvation to destruction from Heaven to Hell But behold the great goodness and tender mercy of God in this behalf albeit mans wickedness and sinful behaviour was such that it deserved not in any part to be forgiven yet to the intent be might not be clean destitute of all hope and comfort in time to come he ordained a new Covenant and made a sure promise thereof namely that he would send a Mediater or Messias into the world which should make intercession and put himself as a stay between both parties to pacifie the wrath and indignation conceived against sin and to deliver man out of the miserable curse and cursed misery whereunto he was fallen head-long by disobeying the Will and Commandment of the only Lord and Maker Which ground thus laid we will proceed unto the Doctrine of Predestination according to the sense and meaning of the Church of England which teacheth us according to the general current of the ancient Authors before Augustins time that God from all Eternity intending to demonstrate his power and goodness designed the Creation of the World the making of man after his own Image and leaving him so made in a perfect liberty to do or not to do what he was commanded and that foreknowing from all Eternity the man abusing this liberty would plung himself and his posterity into a gulf of miseries he graciously resolved to provide them such a Saviour who should redeem them from their sins to elect all those to life eternal who laid hold upon him leaving the rest in the same state in which he found them for their incredulity And this I take to be the method of Election unto life Eternal through Jesus Christ our Lord according to the Doctrine of the Church of England For althought there be neither prius nor posterius in the will of God who sees all things at once together and willeth at the first sight without more delay yet to apply his acts unto our capacity as were the acts of God in their right production so were they primitively in his intention But Creation without peradventure did forego the fall and the disease or death which ensued upon it was of necessity to be before there could be a course taken to prescribe the cure and the prescribing of the cure must first be finished before it could be offered to particular persons Of which and of the whole doctrine of Predestination as before declared we cannot have an happier illustration than that of Agilmond and Lamistus in the Longobardian story of Paul the Deacon In which it is reported That Agilmond the second King of Lombardy riding by a Fish-pond saw seven your Children sprawling in it whom their unnatural Mothers as the Author thinketh had thrown into it not long before Amazed whereat he put his hunting spear amongst them and stirred them gently up and down which one of them laying hold on was drawn to land called Lamistus from the word Lama which is the Language of that People and signifies a Fish-pond Trained up in that Kings Court and finally made his Successor in the Kingdom Granting that Agilmond being forewarned in a Vision that he should find such Children sprawling for life in the midst of that pond might thereupon take a resolution within himself to put his hunting spear amongst them and the which of them soever should lay hold upon it should be gently drawn out of the water adopted for his Son and made Heir of his Kingdom No Humane story can afford us the like parallel case to Gods proceeding in the great work of Predestination to Eternal Life according to the Doctrine of the ancient Fathers and the Church of Rome as also of the Lutheran Churches and those of the Arminian party in the Belgick Provinces Now that this was the Doctrine also of the Church of England will easily appear upon a due search into the Monuments and Records thereof as they stand backed by those learned religious men who had a principal hand in carrying on the great work of the Reformation
Free-will can do without Grace is but sin c. fol 269. In which passages of those godly Martyrs as there is nothing in it self not Divine and Orthodox so find we somewhat in their writings which doth as truly and Religiously express the workings of Gods Spirit in the heart of man without depriving him of the ability of co-operation which afterwards was taught and countenanced by the Church of England Of which thus Tyndal in his Path-way Collection of his works sol 382. When the Evangelion is preached saith he the Spirit of God entreth into them whom God hath ordained and appointed to Everlasting life and openeth their inward eyes and worketh such a belief in them when the woful Consciences feel and taste how sweet a thing the bitter death of Christ is and how merciful and loving God is through Christs Purchasing and Merits so that they begin to love again and consent to the Law of God how that it is good and ought so to be and that God is righteous that made it and desire to fulfil the Law as a sick man desireth to be whole According to which Doctrine 19. Sund. after Trin. the Church hath taught us to pray thus viz. O God forasmuch as without thee we are not able to please thee grant that that working of the Spirit may in all things direct and rule our hearts through Christ our Lord Amen More of which Prayers might be produced to the same effect were not this enough the point concerning the necessity of Gods grace towards mans Conversion not being in Dispute between the Parties Now for Gods Grace according as it is set forth in the Church of England we shall consider it in the general offer and extent the efficacious workings of it and the concurrence of mans will in the beginning and accomplishment of his own Conversion And first as to the general offer of the Grace of God we find Bishop Hooper thus discoursing in the sixth Chapter of his Exposition of the Ten Commandments Thus did S. Paul saith he convince the Gentiles of sin because they knew the evil they did was condemned by the testimony of their own Conscience for the Law of God to do well by is naturally written in the heart of every man He that will diligently search himself Exposi cap. 6. shall sometime find the same and in case man should behold his own misery both in body and soul although there were no Law correcting nor no Heavens over our heads to testifie the justice and judgment of God and the equity of an honest life mans Conscience would tell him when he doth well and when he doth evil Further saith he the judgment and discovery of Reason directs not only to live just in this World but also to live for ever in Eternal felicity without end And that cometh by the similitude of God which remaineth in the soul since the sin of Adam whereby we plainly see that those excuses of ignorance be damnable when man sees that he could do well if he followed the judgment of his own Conscience Our Articles indeed say nothing to this particular but our Liturgy doth and somewhat is found also of it in the Book of Homilies For what can be more clear and full than that clause in the Collect where it is said if God Almighty That he sheweth to all men being in errour the light of his truth to the intent they may return to the way of righteousness c. What more comfortable to a man deprived of the outward benefit of the Word and Sacraments than that clause in the Homily where it is said Exhortation to Holy Scripture Hom. p. 5. That if we lack a Learned man to instruct and teach us God himself from above will give light unto our minds and teach us those things which are necessary for us If then it be demanded How it comes to pass that this general Overture of Grace becomes so little efficacious in the hearts of men we shall find Bishop Hooper ascribing it in some men to the lack of faith and in others to the want of repentance Touching the first Pres to the Expost of the Law he tells us this That S. Paul concludes and in a manner includeth the Divine Grace and Promise of God within certain terms and limits that only Christ should be profitable and efficacious to those that apprehend and receive this abundant Grace by faith and to such as have not the use of faith neither Christ nor Gods Grace to appertain After which he proceedeth in this manner toward the other sort of men which make not a right use of this general Grace for want of Repentance d. ib. Howbeit saith he that we know by the Scripture that notwithstanding this imperfection of faith many shall be saved and likewise notwithstanding that Gods promise be general unto all people of the world yet many shall be damned These two points must therefore diligently be discussed first how this faith being unperfect is accepted of God then how we be excluded from the promise of grace that extendeth to all men c. To which first it is thus answered That S. Paul S. John and Christ himself damneth the contemners of God or such as willingly continue in sin and will not repent these the Scripture excludeth from the general promise of Grace Here then we have the Doctrine of the Church of England delivered in the Liturgy and the Book of Homilies more punctually pressed and applied in the words of godly Bishop Hooper concerning Universal Grace and somewhat also of the reasons of its not being efficacious in all sorts of men relating to that liberty which remains in man of closing or contending with it as he is either ruled by reason or else misguided by the tyranny of his lusts and passions But before I come unto this point we may behold the necessary workings of Gods Grace preventing man by the inspirations of his holy Spirit and the concurrence or co-operation of mans will being so prevented which is the Celestial influences of the Grace of God Of which the Church hath spoken so fully in all the Authentick Monuments and Records thereof that no true English Protestant can make question of it Artic. 10. For thus she tells us in the tenth Article of her Confession viz. That the condition of man after the fall of Adam is such that he cannot turn and prepare himself by his own natural strength and good works to faith and calling upon God Wherefore we have no power to do good works pleasant and acceptable unto God without the Grace of God by Christ preventing us that we may have a good will and working with us when we have that good will In the first clause the Church declares her self against the old Pelagians and some of the great School-men in the Church of Rome and in the last against the Manichees and some of the more rigid Lutherans in the
being thus discharged he shews in the next place Ibid. 48. that as God desireth not the death of man without relation to his sin so he desireth not the death of the sinful man or of the wicked sinful man but rather that they shoudl turn from their wickedness and live And he observes it is said unto the Goats in St. Matthews Gospel Ite malidicti in ignem paratum he doth not say Maledicti patris Go ye cursed of the Father as it is Benedicti patris when he speaks of the sheep God intituling himself to the blessing only and that the fire is prepared but for whom Non vobis sed Diabolo Angelis ejus not for you but for the Devil and his Angels So that God delighteth to prepare neither Death nor Hell for damned men The last branch of his Discourse he resolves into six consequences as links depending on his Chain 1. Gods absolute Will is not the cause of Reprobation but sin 2. No man is of an absolute necessity the child of Hell so as by Gods grace he may not avoid it 3. God simply willeth every living soul to be saved and to come to the Kingdom of Heaven 4. God sent his Son to save every soul and to bring it to the Kingdom of Heaven 5. God offereth Grace effectually to save every one and to direct him to the Kingdom of Heaven 6. The nelgect and contempt of this Grace is the cause why every one doth not come to Heaven and not any privative Decree Council and Determination of God The stating and canvasing of which points so plainly curtly to the Doctrines of che old Zuinglian Gospellers and the modern Calvinians as they take up the rest of the Sermon so to the Sermon I refer the Reader for his furtehr satisfaction in them I note this only in the close that there is none of the five Arminian Articles as they commonly call them which is not contained in terms express or may not easily be found by way of Deduction in one or more of the six consequences before recited Now in this Sermon there are sundry things to be considered as namely first That the Zuinglian or Calvinian Gospel in these points was grown so strong that the Preacher calls it their Goliah so huge and monstrous that many quaked and trembled at it but none that is to say but few or none vel duo vel nemo in the words of Persius durst take up Davids sling to throw it down Secondly That in canvasing the absolute Decree of Reprobation the Preacher spared none of those odious aggravations which have been charged upon the Doctrines of the modern Calvinists by the Remonstrants and their party in these latter times Thirdly That the Sermon was preached at St. Pauls Cross the greatest Auditory of the Kingdom consisting not only of the Lord Mayor the Aldermen and the rest of the chief men in the City but in those times of such Bishops and other learned men as lived occasionally in London and the City of Westminster as also of the Judges and most learned Lawyers some of the Lords of the Council being for the most part present also Fourthly That for all this we cannot find that any offence was taken at it or any Recantation enjoyned upon it either by the high Commission or Bishop of London or any other having Authority in the Church of England nor any complaint made of it to the Queen or the Council-Table as certainly there would have been if the matter of the Sermon had been contrary to the Rules of the Church and the appointments of the same And finally we may observe that though he was made Archbiship of York in the Reign of King Charles 1628. when the times are thought to have been inclinable to those of the Arminian Doctrines yet he was made Master of Pembrook Hill Bishop of Chichester and from thence translated unto Norwich in the time of King James And thereupon we may conclude that King James neither thought this Doctrine to be against the Articles of Religion here by Law established nor was so great an Enemy to them or the men that held them as some of our Calvinians have lately made him But against this it is objected by Mr. Prin in his book of Perpetuity c. printed at London in the year 1627. 1. That the said Mr. Harsnet was convented for this Sermon and forced to recant it as Heretical 2. That upon this Sermon Perpetulty c. 304. and the Controversies that arose upon it in Cambridg between Baroe and Whitacres not only the Articles of Lambeth were composed of which more hereafter but Mr. Wotton was appointed by the University to confute the same 3. That the siad Sermon was so far from being published or printed that it was injoyned by Authority to be recanted For Answer whereunto it would first be known where the said Sermon was recanted and by whose Authority Not in or by the University of Cambridg where Mr. Harsnet lived both then and a long time after for the Sermon was preached at St. Pauls Cross and so the University could take no cognisance of it nor proceed against him for the same And if the Recantation was madea t St. Pauls Cross where the supposed offence was given it would be known by whose Authority it was enjoyned Not by the Bishop of London in whose Diocess the Sermon was preached for his Authority did not reach so far as Cambridg whither the Preacher had retited after he had performed the service he was called unto and if it were injoyned by the High Commission and performed accordingly there is no question to be made but that we should have heard of in the Anti-Arminianism where there are no less than eight leaves spend in relating the story of a like Recantation pretended to be made by one Mr. Barret on the tenth of May 1595. and where it is affirmed that the said Mr. Harsnet held and maintained the same errors for which Barret was to make his Recantation But as it will be proved hereafter that no such Recantation wass made by Barret so we have reason to believe that no such Recantation was imposed on Harsnet Nor secondly can it be made good that the Controversies between Doctor Whitacres and Dr. Baroe were first occasioned by this Sermon or that Mr. Wotton was appointed by the University to confute the same For it appears by a Letter written from the heads of that University to their Chancellor the Lord Treasurer Burleigh dated March 18. 1595. that Baroe had maintained the same Doctrines and his Lectures and Determinations above 14 years before by their own account for which see Chap. 21. Numb 80. which must be three years at the least before the preaching of that Sermon by Mr. Harsnet And though it is probable enopugh that Mr. Wotton might give himself the trouble of confuting the Sermon yet it is more than probable that he was not required so to do by that
Assistants whom I reverence do purpose to proceed in disquieting and traducing me as you have done by the space of three quarters of this year and so in the end mean to drive me out of the University I must take it patiently because I know not how to redress it but let God be judg between you and me These things I leave to your Worships favourable consideration for this I must needs say and peradventure it may tend to your credit when I shall report it that above the rest hitherto I have found you most courteous and most just I leave your Worship to Gods Direction and holy tuition expecting a gracious Answer Your daily Beadsman WILLIAM BARRET But here perhaps it may be said that though Barret might be as obstinate in refusing to publish the Recantation as this Letter makes him yet it appears by the whole course of those proceedings that his Doctrines were condemned by the heads of the University as being contrary to that which was received and established in the Church of England And that it was so in the Judgment of those men who either concurred in his Censure or subscribed the Letter to the Lord Treasurer Burleigh above-mentioned is a thing past question But this can be no Argument that Barrets Doctrines were repugnant to the Church of England because these Heads either in favour of Dr. Whitacres or in respect to Mr. Perkins were pleased to think no otherwise of them for if it be we may conclude by the same Argument that the Church of Rome was in the right even in the darkest times of ignorance and superstition because all those who publickly opposed her Doctrines were solemnly enjoyned by the then prevailing party to a Recantation and which is more it may be also thence concluded that the Doctrine maintained by Athanasius touching Christs Divinity was contrary to that which had been taught by the Apostles and men of Apostolical spirits because it was condemned for such by some Arrian Bishops in the Council or rather Conventicle of Tyre which was held against him 2. It cannot be made apparent that either Dr. Duport the Vice-Chancellor who was most concerned or Dr. Baroe the Lady Margarets Professour for Divinity there had any hand in sentencing this Recantation Not Dr. Baroe because by concurring to this Sentence he was to have condemned himself Nor Dr. Duport for I find his place to be supplyed and the whole action govern'd by Dr. Some which shews him to be absent at that time from the University according to the stile whereof the Title of Procancellarius is given to Dr. Some in the Acts of the Court as appears by the Extract of them in the Anti-Arminianisin p. 64. compared with p. 63. But thirdly admitting that the Heads were generally thus enclined yet probably the whole body of the University might not be of the same Opinion with them those Heads not daring to affirm otherwise of Barrets Doctrine in their Letter to the Lord Treasurer Burleigh than that it gave just offence to many And if it gave offence unto many only it may be thought that it gave no offence to the Major part or much less to all for if it had the writers of the Letter would not have been so sparing in their expressions as to limit the offence to many if they could have said it of the most But of this we shall speak more in the following Chapter when we shall come to feel the pulse of the University in the great competition between Wotton and Overald after Whitacres death Of which Opinion Harsnet was we have seen before And we have seen before that Baroe had many Disciples and Adherents which stood fast unto him And thereupon we may conclude that when Dr. Baroe had for fourteen or fifteen years maintained these Opinions in the Schools as before was shewed which are now novelized by the name of Arminianism and such an able man as Harsnet had preached them without any Controul when the greatest audience of the Kingdom did stand to him in it There must be many more Barrets who concurred with the same Opinions with them in the University though their names through the Envy of those times are not come unto us CHAP. XXI Of the proceedings against Baroe the Articles of Lambeth and the general calm which was in Oxon touching these Disputes 1. The differences between Baroe and Doctor Whitacres the addresses of Whitacres and others to Archbishop Whitgift which drew on the Articles at Lambeth 2. The Articles agreed on at Lambeth presented both in English and Latin 3. The Articles of no authority in themselves Archbishop Whitgift questioned for them together with the Queens command to have them utterly supprest 4. That Baroe neither was deprived of his Professorship nor compelled to leave it the Anti-Calvinian party being strong enough to have kept him in if he had defired it 5. A Copy of the Letter from the Heads in Cambridg to the Lord Treasurer Burleigh occasioned as they said by Barret and Baroe 6. Dr. Overalds encounters with the Calvinists in the point of falling from the Grace received his own private judgment in the point neither for total nor for final and the concurrence of some other learned men in the same Opinion 7. The general calm which was at Oxon at that time touching these Disputes and the Reasons of it 8. An answer to that Objection out of the Writings of judicious Hooker of the total and final falling 9. The disaffections of Dr. Bukeridge and Dr. Houson to Calvins doctrines an Answer to the Objection touching the paucity of those who opposed the same 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 FROM Barret pass we on to Baroe betwixt whom and Dr. Whitacres there had been some clashings touching Predestination and Reprobation the certainty of Salvation and the possibility of falling from the Grace received And the heats grew so high at last that the Calvinians thought it necessary in point of prudence to effect that by power and favour which they were not able to obtain by force of Argument To which end they first addressed themselves to the Lord Treasurer Burleigh then being their Chancellor acquainting him by Dr. Some then Deputy Vice-Chancellor with the disturbances made by Barret thereby preparing him to hearken to such further motions as should be made unto him in pursuit of that Quarrel But finding little comfort there they resolved to steer their course by another compass And having prepossest the most Reverend Archbishop Whitgift with the turbulent carriage of those men the affronts given to Dr. Whitacres whom for his learned and laborious Writings against Cardinal Bellarmine he most highly favoured and the great inconveniences like to grow by that publick discord they gave themselves good hopes of
to be affirmed by the Bishops of Rochester Oxon and St. Davids in a Letter to the Duke of Buchingham August 2. 1625. In which they signifie unto him that the said Articles being agreed upon and ready to be published it pleased Queen Elizabeth of famous memory upon notice given how little they agreed with the practice of piety and obedience to all Government to cause them to be suppressed and that they had so continued ever since till then of late some of them had received countenance at the Synod of Dort Next touching the effect produced by them in order to the end so proposed so far they were from appeasing the present Controversies and suppressing Baroe and his party that his disciples and Adherents became more united and the breach wider than before And though Dr. Baroe not long after deserted his place in the University yet neither was he deprived of his Professorship as some say not forced to leave it on a fear of being deprived as is said by others For that Professorship being chosen from two years to two years according to the Statutes of the Lady Margaret he kept the place till the expiring of his term and then gave off without so much as shewing himself a Suiter for it Which had he done it may be probable enough that he had carried it from any other Candidate or Competitor of what rank soever The Anti-Calvinian party being grown so strong as not to be easily overborn in a publick business by the opposite faction And this appears plainly by that which followed on the death of Dr. Whitacres who died within few days after his return from Lambeth with the nine Articles so much talk'd of Two Candidates appeared for the Professorship after his decease Wotton of Kings Collegd a professed Calvinian and one of those who wrote against Mountague's Appeal Anno 1626. Competitor with Overald of Trinity Colledg almost as far from the Calvinian doctrine in the main Platform of Predestination as Baroe Harsnet or Barret are conceived to be But when it came to the Vote of the University the place was carried for Overald by the Major part which as it plainly shews that though the doctrines of Calvin were so hotly stickled here by most of the Heads yet the greater part of the learned Body entertained them not so doth it make it also to be very improbable that Baroe should be put out of his place by those who had taken in Overald or not confirmed therein if he had desired And therefore we may rather think as before is said that he relinquished the place of his own accord in which he found his Doctrine crossed by the Lambeth Articles and afterwards his peace distracted dy several Informations brought against him by the adverse faction and thereupon a Letter of Complaint presented to the Lord Treasurer Burleigh subscribed by most of those who before had prosecuted Barret to his Recantation Which Letter giving very great light to the present business as well concerning Barret as Baroe though principally aimed at the last I think worthy of my pains and the Readers patience and therefore shall subscribe it as hereafter followeth A Copy of the Letter sent from some of the Heads in Cambridge to the Lord Burleigh Lord High Treasurer of England and Chancellor of the University RIGHT HONOURABLE our bounden duty remembred we are right sorry to have such occasion to trouble your Lordship but the peace of this University and Church which is dear unto us being brought into peril by the late reviving of new Opinions and troublesom Controversies amongst us hath urged us in regard of the places we here sustain not only to be careful for the suppressing the same to our power but also to give your Lordship further information hereof as our honourable Head and careful Chancellor About a year past amongst divers others who here attempted publickly to teach new and strange Opinions in Religion one Mr. Barret more boldly than the rest did preach divers Popish Errors in St. Maries to the just offence of many which he was enjoyned to retract but hath refused so to do in such sort as hath been prescribed with whose fact and Opinions your Lordship was made acquainted hy Dr. Some the Deputy Vice-Chancellour Hereby offence and division growing as after by Dr Baroes publick Lectures and determinations in the Schools contrary as his Auditors have informed to Dr. Whitacres and the sound received Truth ever since her Majesties Reign we sent up to London by common consent in November last Dr Tyndal and Dr. Whitacres men especially chosen for that purpose for conference with my Lord of Canterbury and other principal Divines there that the Controversies being examined and the truth by their consents confirmed the contrary Errours and contentions thereabouts might the rather cease By whose good travel with sound consent in Truth such advice and care was taken by certain Propositions containing certain substantial points of Religion taught and received in this University and Church during the time of her Majesties Reign and consented unto and published by the best approved Divines both at home and abroad for the maintaining of the same truth and peace of the Church as thereby we enjoyed here great and comfortable quiet until Dr. Baroe in January last in his Sermon Ad Clerum in St. Maries contrary to restraint and Commandment from the Vice-Chancellour and the Heads by renewing again these Opinions disturbed our peace whereby his Adherents and disciples were and are too much emboldned to maintain false doctrine to the corrupting and disturbing of this University and the Church if it be not in time effectually prevented For remedy whereof we have with joint consent and care upon complaint of divers Batchelors of Divinity proceeded in the examination of the cause according to our Statutes and usual manner of proceeding in such causes whereby it appeareth by sufficient Testimonies that Dr. Baroe hath offended in such things as his Articles had charged him withal There is also since the former another Complaint preferred against him by certain Batchelors in Divinity that he hath not only in the Sermon but also for the space of this fourteen or fifteen years taught in his Lectures preached in his Sermons determined in the Schools and printed in several books divers points of doctrine not only contrary to himself but also contrary to that which hath been taught and received ever since her Majesties Reign and agreeable to the Errors of Popery which we know your Lordship hath always disliked and hated so that we who for the space of many years past have yielded him sundry benefits and favours here in the University being a stranger and forborn him when he hath often heretofore busie and curious in aliena Republica broached new and strange questions in Religion now unless we should be careless of maintaining the truth of Relgiion established and of our duties in our places cannot being resolved and confirmed in the truth 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
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
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
't is well known that the ensuing Parliaments which they instance in moved not of their own accord to the deposing of K Edw. the 2d or K. Richard the 2d but sailed as they were steered by those powerful Councils which Qu. Isabel in the one Walsingham in Hist Angl. Hypodig Neustriae and Henry Duke of Lancaster in the other did propose unto them It was no safe resisting those as their cold wisdoms and forgotten loyalties did suggest unto them qui tot legionibus imperarent who had so many thousand men in Arms to make good their project and they might think as the poor-spirited Citizens of Samaria did in another case but a case very like the present Behold two Kings stood not before him 2 Kings 10.4 how then can we stand For had it been an Argument of the power of Parliaments that they deposed one King to set up another dethroned King Richard to advance the Duke of Lancaster to the Regal Diadem they would have kept the House of Lancaster in possession of it for the full demonstration of a power indeed and not have cast them off at the first attempt of a new plausible pretender declared them to be kings in fact but not in right whose lawful right they had before preferred above all other Titles and set the Crown upon the heads of their deadly Enemies In the next place it is objected that Parliaments are a great restraint of the Sovereign power according to the Doctrine here laid down by Calvin in that the King can make no Laws nor levy any money upon the Subject but by the counsel and assent of the Lords and Commons assembled in Parliament But this Objection hurts as little as the former did For Kings to say the truth need no Laws at all In all such points wherein they have not bound themselves by some former Laws made for the common use and benefit of the Subject they are left at liberty and may proceed in governing the people given by God unto them according to their own discretion and the advice of their Council New Laws are chiefly made for the Subjects benefit at their desire on their importunate requests for their special profit not one in twenty nay I dare boldly say not one in an hundred made for the advantage of the King either in the improvement of his power or the encrease of his Revenue Look over all the Acts of Parliaments from the beginning of the reign of King Henry III. to the present time and tell me he that can if he finds it otherwise Kings would have little use of Parliaments and less mind to call them if nothing but the making of new Laws were the matter aimed at And as for raising Moneys and imposing Taxes it either must suppose the Kings to be always unthrifts that they be always indigent and necessitous and behind-hand with the World which are the ordinary effects of ill husbandry or else this Argument is lost and of little use For if our Kings should husband their Estates to the best advantage and make the best benefit of such Escheats and forfeitures and confiscations as day by day do fall unto them If they should follow the Example of K. Henry VII and execute the penal Laws according to the power which those Laws have given them and the trust reposed in them by their People if they should please to examine their Revenue and proportion their expence to their comings in there would be little need of Subsidies and supplies of money more than the ordinary aids and impositions upon Merchandize which the Law alloweth of and the known rights of Sovereignty backed by prescription and long custom have asserted to them So that it is by Accident not by and Nature that the Parliament hath any power or opportunity to restrain their King in this particular for where there is no need of asking there is no occasion of denying by consequence no restraint upon no baffle or affronting offered to the Regal power And yet the Sovereign need not fear if he be tolerably careful of his own Estate that any reasonable demand of his in these money-matters will meet with opposition or denial in his Houses of Parliament For whilest there are so many Acts of Grace and Favour to be done in Parliament as what almost in every Parliament but an enlargement of the Kings favours to his people and that none can be done in Parliament but with the Kings siat and consent there is no question to be made but that the two Houses of Parliament will far sooner chuse to supply the King as all wise Parliaments have done than rob the Subject of the benefit of his Grace and Favours which is the best fruit they reap from Parliaments Finally whereas it is Objected but I think it in sport that the old Lord Burleigh used to say that he knew not what a Parliament in England could not do and that K. James once said in a Parliament that then there were 500 Kings which words were taken for a Concession that all were Kings as well as he in a time of Parliament they who have given us these Objections do either misunderstand their Authors or abuse themselves For what the Lord Burleigh said of Parliaments though it be more than the wisest man alive can justifie he spake of Parliaments according as the word is used in its proper sense not for the two Houses or for either of them exclusive of the Kings presence and consent but for the supream Court for the highest Judicatory consisting of the Kings most excellent Majesty the Lords Spiritual and Temporal and the Representees of the Commons and then it will not serve for the turn intended And what King James said once in jest though I have often heard it used in earnest upon this occasion was spoken only in derision of some daring Spirits who laying by the modesty of their Predecessors would needs be looking into the Prerogative or finding Errors and mistakes in the present Government or medling with those Arcana imperii which former Parliaments beheld at distance with the eye of Reverence But certainly King James intended nothing less than to acknowledg a co-ordinative Sovereignty in the two Houses of Parliament or to make them his Co-partners in the Regal power His carriage and behaviour towards them in the whole course of his Government clearly shews the contrary there never being Prince more jealous in the points of Sovereignty nor more uncapable of a Rival in those points than he But yet the main Objection which we may call the Objection paramount doth remain unanswered For if the three Estates convened in Parliament or any other popular Magistrate whom Calvin dreams of be ordained by the Word of God as Guardians of the peoples Liberties and therefore authorized to moderate and restrain the power of Kings as often as they shall invade or infringe those liberties as Calvin plainly says they were or that they know
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
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
must needs follow thereupon that all which held their Lands of the Crown in Capite were capable in those times of a place in Parliament And so it seems they had in the Reign of King John and afterwards in the Reign of King Henry the 3d but in the last years of the said King Henry and by the power and prudence of King Edward the first were brought into a narrower compass none being admitted to appear and attend in Parliament but such as he thought fit to summon by his Royal Mandate And hereunto as well our choicest Antiquaries as our most eminent Lawyers do consent unanimously But here is to be noted saith Chief Justice Coke that if the King give Lands to any one tenendum per servitium Baronis de Rege he is no Lord of Parliament till he be called by Writ to the Parliament which as he there declares for a point of Law so is it also verified in point of practice out of the old Record entituled Modus tenendi Parliamentum in which it is affirmed Ad Parliamentum summoniri venire debere Archiepiscopos Episcopos Abbates Priores alios majores Cleri qui tenent per Comitatum aut Baroniam ratione hujusmodi Tenurae that all Arch-bishops Bishops Priors and other Prelates of the Church who hold their Lands either in right of their Counties or in right of their Baronages were to be summoned and come to Parliament in regard of their Tenures Where we may see that though they had a jus ad rem in regard of their Tenures yet they had no pretence to their Jus in re but only by the Writ of Summons And secondly whereas the Modus speaks of some Bishops which were to be called to the Parliament in the right of their Counties I think he means it of the Bishops of Durham and Ely which enjoyed all the Rights and priviledges of a County Palatine in their several Circuits By which we see that to the making of a Baron or a Lord of Parliament it is not only necessary that he hold by Barony but that he have his Writ of Summons to attend the service which puts a signal difference between Lords of Parliament and such as are called Lords in respect of their birth or in regard of some great Offices which they hold in the State of the first sort whereof are all the eldest sons of Earls and upwards who are not only honoured with the name of Lords but challenge a precedence by the Rules of Herauldry before all the Barons of the Realm and yet can lay no claim to the Rights of Peerage unless perhaps they may be summoned to the Parliament in their fathers life time And so it hapned in the Case of the Earl of Surrey the eldest son of Thomas Lord Howard Duke of Norfolk arraigned in the last days of King Henry the eighth and tried by a Jury of twelve men because not being called to Parliament in his fathers life-time he could not be considered as a Peer of the Realm And in the last sort we may reckon the Lord Chancellor the Lord Treasurer the Lord Privy Seal the Lord President of his Majesties Council the Lord High Chamberlain the Lord Admiral the Lord Steward and the Lord Chamberlain of his Majesties Houshold the Lord Warden of the Cinque-ports and the three Chief Judges who if they be not otherwise of the Rank of Barons can plead no Title to their Peerage nor to Vote in Parliament and so it hapned in the Case of Sir William Stanly Lord Chamberlain to King Henry the seventh tried by a Jury of twelve men in a case of Treason without relation to his great Office or Title of Lord. Most true it is that some of these great Officers have their place in Parliament and so have all the Judges of the Courts of Westminster the Master of the Rolls the Masters of the Chancery the Kings Attorney General and perhaps some others all summoned to attend the service by Especial Writs but they are only called to advise the Court to give their Judgment and Opinion when it is demanded but not to canvass or debate and much less to conclude in any business which is there discoursed of as both the Bishops and the Temporal Lords are impowred to do Which difference appears in the Writs themselves For in the Writ of Summons to the Judges and the rest here mentioned the words run thus viz. Quod intersitis nobiscum cum caeteris de concilio nostro and sometimes nobiscum only supra praemissis tractaturi vestrumque consilium impensuri But in the Writ of Summons to the Bishops and the rest of the Peers we shall find it thus viz. quod intersitis cum praelatis magnatibus proceribus super dictis negotiis tractaturi vestrumque consilium impensuri c. which Writs of Summons to the Bishops and the Temporal Peers are the same verbatim but that the Bishops are required to attend the service sub fide dilectione the Temporal Peers sub fide ligeantia quibus nobis tenemini Upon which Premises it may be rationally inferred that the Bishops of this Church were reputed Barons a Baron and a Barony being conjugata and being Barons have as good a Claim to the right of Peerage as any of the Temporal Lords who hold as well their Peerage as their place in Parliament by no other Tenure for that a Baron of Realm and a Peer of the Realm are but terms synonymous and that the Bishops of the the Church of England are both Peers and Barons hath been proved before and may be further evidenced from that which they affirmed to the Temporal Lords convened in Parliament at Northampton under Henry the 2d for the determining of the differences betwixt the King and Thomas Becket Arch bishop of Canterbury which the Temporal Lords would fain have thrust upon the Bishops as more competent Judges to which the Bishops thus replied viz. non sedemus hic Episcopi sed Barones nos Barones vos Barones Pares hic sumus We sit not here say they as Bishops only Seldens Titles of Honour pag. â—18 but as Barons also we are Barons and you are Barons here we sit as Peers Their sitting in the Parliament was in a right of their Baronies And in the right of their Baronage they were also Peers and Peers to all intents and purposes as well as any others whether Earls or Barons who had Vote in Parliament This appears further by the words of Arch-bishop Stratford who being suspended from his place in Parliament by King Edward the 3d came boldly to the Doors of the House and turning towards those that attended there thus maintained his Claim Amice Rex me ad hoe Parliamentum scripto sua vocavit Antiq. Brittan ego tanquam major Par regni post Regem primam vocem habere debens in Parliamento Jura Ecclesiae meae Cantuariensis vendico ideo Ingressum in Parliamentum peto Which
Courts Coke Institutes part 4 p. 45. out of the Records of Parliament and in his Margent pointing to the 13th of King Edward the third doth instruct us thus viz. Abbates Priores aliosque Praelatos quoscunque per Baroniam de Domino Rege tenentes pertinet in Parliamentis Regni quibuscunq ut pates Regni praedicti personaliter interesse ibique de Regni negotiis ac aliis tractari consuetis cum caeteris dicti Regni Paribus aliis ibidem jus interessendi habentibus consulere tractare ordinare statuere definire ac caetera facere quae Parliamenti tempore imminent facienda Which if it be the same with that which we had before differing only in some words as perhaps it is yet we have gained the Testimony of that Learned Lawyer whose judgment in this Case must be worth the having For hear him speaking in his own words and he tells us this viz. Coke Institut fol. 4. That every Lord of Parliament either Spiritual as Arch-bishops and Bishops or Temporal as Dukes Marquesses Earls Viscounts and Barons Peers of the Realm and Lords of Parliament ought to have several Writs of Summons where plainly these words Peers and Lords of Parliament relate as well to Spiritual as to the Temporal Lords And therefore if the Arch-bishops and the Bishops may be granted to be Lords of Parliament they must be also granted to be Peers of the Realm Now to the Testimony and Authority of particular persons we shall next add the sentence and determination of our Courts of Law in which the Bishops are declared to be Peers of the Realm and to be capable of all the priviledges which belong to the Peerage For first in the aforesaid Case of the Bishop of Winchester when he was brought upon his Trial for departing from the service of the Parliament without leave of the King and pleaded sor himself quod esset unus è Paribus Regni c. The priviledg of Barony It was supposed clearly both by Court and Council that he was a Peer that part of his defence being not gainsayed or so much as questioned So in the Year-Books of the Reign of King Edward the 3d in whose Reign the Bishop of Winchester's Case was agitated as before is said a Writ of Wards was brought by the Bishop of London and by him pleaded to an Issue and the Defendant could not be Essoyned or have day of Grace for it was said that a Bishop was a Peer of the Land haec erat causa saith the Book which reports the Case In the like Case upon an Action of Trespass against the Abbot of Abbingdon who was one of the Lords Spiritual day of Grace was denied against him because he was a Peere de la Terre So also it is said expresly that when question was made about the returning of a Knight to be of a Jury where a Bishop was Defendant in a Quare impedit the Rule of the Court was that it ought to be so because the Bishop was a Peer of the Realm And in the Judgment given against the Bishop of Norwich in the time of Richard the 2d he is in the Roll expresly allowed to be a Peer for he had taken exceptions that some things had passed against him without the Assent or knowledg of his Peers of the Realm To which Exception it was Answered that it behoved him not at all to plead that he was a Prelate for traversing such Errors and misprisions as in the quality of a Souldier who had taken wages of the King were committed by him Thus also in the Assignment of the Errors under Henry the fifth for the Reversal of the Attainder of the Earl of Salisbury one Error is assigned that Judgment was given without the consent of the Prelates which were Peers in Parliament And although that was adjudged to be no Error yet was it clearly allowed both in the Roll and the Petitions that the Bishops were Peers Finally in the Government of the Realm of France the Bishops did not only pass in the Ranks of Peers but six of them were taken into the number of the Douze-pairs or twelve Peers of that Kingdom highly esteemed and celebrated in the times of Charlemayne that is to say the Arch-bishop and Duke of Rhemes the Bishop and Duke of Laon the Bishop and Duke of Langres the Bishop and Earl of Beuvois the Bishop and Earl of Noyon the Bishop and Earl of Chalons And therefore it may be inferred that in the Government established by the Anjovin and Norman Kings the English Bishops might be ranked with the Peers at large considering their place in Parliament and their great Revenues and the strong influence which they had on the Church and State But there is little need for Inferences and book-Cases and the Authorities of particular men to come in for Evidence when we are able to produce an Act of Parliament to make good the point For in the Statute made the 4th year of King Henry the fifth it was repeated and confirmed That no man of the Irish Nation should be chosen by Election to be an Arch-bishop Bishop Abbot or Frior nor in no other manner received or accepted to any dignity and benefice within the said Land c. The Reason of which inhibition is there said to be this viz. because being Peers of the Parliament of the said Land they brought with them to the Parliaments and Councils holden there some Irish servants whereby the privities of the Englishmen within the same Land have been and be daily discovered to the Irish people Rebels to the King to the great peril and mischief of the Kings lawful Liege people in the said Land And if the Bishops and Arch-bishops of Ireland had the name of Peers there is no question to be made but the name of Peers and the right of Peerage may properly be assumed or challenged by them Now as this Statute gives them the name of Peers so in an Act of Parliament in the 25th year of King Henry the 8th they are called the Nobles of your Realm as well Spiritual as Temporal as all your other Subjects now living c. Which Term we find again repeated by the Parliament following the Nobles Spiritual and Temporal and that twice for failing so that we find no Title given to Earls and Barons Nobles and Peers and Lords as the Statutes call them but what is given to the Bishops in our Acts of Parliament and certainly had not been given them in the stile of that Court had any question then been made of their Right of Peerage And that their calling had not raised them to a state of Nobility concerning which take this from the Lord Chief Justice Coke for our more assurance and he will tell us that the general division of persons by the Law of England is either one that is Noble and in respect of his nobility of the Lords House of Parliament or one of the Commons of the
and that the way being thus laid open it was no hard matter to make the Bishop of Carlisle obnoxious to that kind of Trial which being forsaken on all sides as the times then were he was not able to avoid Which might be also the condition of Arch-bishop Cranmer and as for Fisher Bishop of Rochester he was to deal with an impetuous and violent Prince who was resolved to put the greater disgrace upon him because he had received some greater Honours from the Pope than the condition of Affairs might be thought to bear But against all these violations of their Rights of Peerage it may be said in their behalves for the times to come that by the Statute of the 25th of King Edward the 3d which serves to this day for the standing Rule in Cases of Treason it is required that the Malefactor or the suspected person must be attainted by such men as are of his own Condition and therefore Bishops to be tryed by none but the Peers of the Land unless it be in open opposit on to this Rule of King Edward and in defiance to the fundamental Law in the Magna Charta where it is said that no man is to be Disseised of his Freehold exiled or any ways destroyed nisi per Judicium parium suorum Or per Legem Terrae but by the Judgment of his Peers and by the Law of the Land and I can find no Law of the Land which tells me that a Bishop shall be tryed by a Common Jury Finally if it be a sufficient Argument that Bishops ought not to be reckoned as Peers of the Realm because they may be tryed by a Common Jury then also at some times and in certain Cases the Temporal Lords Dukes Marquesses Earls c. must not pass for Peers because in all Appeals of Murder they are to be tryed by Common Jurors like the rest of the Subjects But secondly it is objected That since a Bishop cannot sit in Judgment on the death of a Peer nor be so much as present at the time of his Trial they are but half-Peers as it were not Peers to all intents and purposes as the others are But this incapacity is not laid upon them by the Laws of the Land or any Limitation of their powers in their Writ of Summons or any thing inhering to the Episcopal Function but only by some ancient Canons and more particularly by the fourth Canon of Toledo which whether they be now of force or not may be somewhat questioned Secondly whensoever they withdrew themselves they did it with a salvo Jure paritatis as before is shewn To which intent they did not only cause their Protestations to be filed on Record Coke Institut part 4. fol. 23. but for the most part made a Proxy to some Temporal Lords to Act in their behalf and preserve their right which though they did not in the Case we had before us yet afterwards in the 21st of King Richard the 2d and from that time forwards when they found Parliamentary Impeachments to become more frequent they observed it constantly as it continues to this day Nor were they hindred by those Canons whatsoever they were from being present at the depositions of Witnesses or taking such preparatory examinations as concern the Trial in which they might be able to direct the Court by the Rules of Conscience though they withdrew themselves at the time of the sentence That was a Trick imposed upon the Bishops by the late long Parliament when they excluded them from being members of the Committee which was appointed for taking the examinations in the business of the Earl of Strafford And this they did not in relation to those ancient Canons but upon design for fear they might discover some of those secret practices which were to be hatched and contrived against him Against which Preparations for a final Trial or taking the Examinations or hearing of depositions of Witnesses or giving counsel in such cases as they saw occasion the Council of Toledo saith not any thing which can be honestly interpreted to their disadvantage So that the Bishops Claim stands good to their right of Peerage any thing in those ancient Canons or the unjust practices of the late Long Parliament to the contrary notwithstanding To draw the business to an end what one thing is required unto the constituting of a Peer of England which is not to be found in an English Bishop if Tenure and Estate they hold their Lands per integram Baroniam as the old Lords did if Voice in Parliament they have their several Writs of Summons as the Lay-Lords have if we desire Antiquity to make good their Interesse most of them have sat longer there in their Predecessors than any of our Temporal Lords in their noblest Ancestors if point of Priviledg they have the same in all respects as the others have except it be in one particular neither clearly stated nor universally enjoyed by those who pretend most to it if Letters Patents from the King to confirm these Honours they have his Majesties Writ of Conge d'eslire his Royal Assent to the Election his Mandate under the Great Seal for their Consecration If therefore we allow the Bishops to be Lords of Parliament we must allow them also to be Peers of the Realm There being nothing which distinguisheth a Peer from from a common Person but his Voice in Parliament which was the matter to be proved A TABLE OF THE CONTENTS The Way of the Reformation of the Church of England declared and justified SECT I. I. THE Introduction shewing the Occasion Method and Design of the whole Discourse Page 1 I. Of Calling or Assembling the Convocation of the Clergy and the Authority thereof when convened together Page 2 II. Of the Ejection of the Pope and vesting the Supremacy in the Regal Crown Page 5 III. Of the Translation of the Scriptures and permitting them to be read in the English Tongue Page 7 IV. Of the Reformation of Religion in the points of Doctrine Page 10 V. Of the Reformation of the Church of England in the Forms of Worship and the times appointed thereunto Page 14 VI. Of the power of making Canons for the well ordering of the Clergy and the directing of the people in the publick duties of Religion Page 18 VII An Answer to the main Objections of either Party Page 20 SECT II. I. That the Church of England did not innovate in the Ejection of the Pope and setling the Supremacy in the Regal Crown Page 23 II. That the Church of England might proceed to a Reformation without the approbation of the Pope or the Church of Rome Page 26 III. That the Church of England might lawfully proceed to a Reformation without the help of a General Council or calling in the aid of the Protestant Churches Page 30 IV. That the Church did not innovate in Translating the Scriptures and the publick Liturgy into vulgar Tongues and of the Consequents thereof to the
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
Articles had been concluded and condescended upon by the Prelates and Clergy of the Realm in their Convocation as appeareth in the very words of the Injunction For which see Fox his Acts and Monuments fol. 1247. I find not any thing in Parliament which relates to this either to countenance the work or to require obedience and conformity from the hand of the people And to say truth neither the King nor Clergy did account it necessary but thought their own Authority sufficient to go through with it though certainly it was more necessary at that time than in any since The power and reputation of the Clergy being under foot the King scarce setled in the Supremacy so lately recognized unto him and therefore the Authority of the Parliament of more Use than afterward in Times well ballanced and established 'T is true that in some other year of that Princes Reign we find some Use and mention of an Act of Parliament in matters which concerned Religion but it was only in such Times when the hopes of Reformation were in the Wane and the Work went retrogade For in the year 1539. being the 31. H. 8. When the Lord Comwels power began to decline and the King was in a necessity of compliance with His Neighbouring Princes there passed an Act of Parliament commonly called the Statute of the six Articles or the Whip with six strings In which it was Enacted That whosoever by word or writing should Preach Teach or publish that in the blessed Sacraments of the Altar under form of Bread and Wine there is not really the natural Body and Blood of our Saviour Jesus Christ conceived of the Virgin Mary or affirm otherwise thereof than was maintained and taught in the Church of Rome should be adjudged an Heretick and suffer death by burning and forfeit all his Lands and Goods as in case of High Treason Secondly That whosoever should Teach or Preach that the Communion of the blessed Sacrament in both kinds is necessary for the health of mans soul and ought to be maintained Thirdly Or that any man ofter the Order of Priesthood received might Marry or contract Matrimony Fourthly Or that any Woman which had vowed and professed Chastity might contract Marriage Fifthly Or that private Masses were not lawful and laudable or agreable to the Word of God Or sixthly That auricular Confession was not necessary and expedient to be used in the Church of God should suffer death and forfeit Lands and Goods as a Felon 31 H. 8. c. 14. The rigour of which terrible Statute was shortly after mitigated in the said King's Reign 32 H. 8. c. 10. and 35 H. 8. c. 5. and the whole Statute absolutely repealed by Act of Parliament 1 E. 6. c. 12. But then it is to be observed first that this Parliament of K. H. 8. did not determine any thing in those six points of Doctrine which are therein recited but only took upon them to devise a course for the suppressing of the contrary Opinions by adding by the secular Power the punishment of Death and forfeiture of Lands and Goods unto the censures of the Church which were grown weak if not unvalid and consequently by degrees became neglected ever since the said K. Henry took the Headship on Him and exercised the same by a Lay Vicar General And secondly you must observe that it appeareth evidently by the Act it self that at the same time the King had called a Synod and Convocation of all the Arch-Bishops Bishops and other Learned men of the Clergy that the Articles were first deliberately and advisedly debated argued and reasoned by the said Arch-Bishops Bishops and other Learned men of the Clergy and their opinions in the same declared and made known before the matter came in Parliament And finally That being brought into the Parliament there was not any thing declared and passed as doctrinal but by the assent of the Lords Spiritual and other Learned men of the Clergy as by the Act it self doth at large appear Finally Whatsoever may be drawn from thence can be only this That K. Hen. did make use of his Court of Parliament for the establishing and confirming of some points of Popery which seemed to be in danger of a Reformation And this compared with the Statute of the 34. and 35. prohibiting the reading of the Bible by most sorts of people doth clearly shew that the Parliaments of those times did rather hinder and retard the work of Reformation in some especial parts thereof than give any furtherance to the same But to proceed There was another point of Reformation begun in the Lord Cromwels time but not produced nor brought to perfection till after his decease and then too not without the Midwifery of an Act of Parliament For in the year 1537. the Bishops and others of the Clergy of the Convocation had composed a Book entituled The Institution of a Christian Man which being subscribed by all their hands was by them presented to the King by His most excellent judgment to be allowed of or condemned This Book containing the chief Heads of Christian Religion was forthwith Printed and exposed to publick view But some things not being clearly explicated or otherwise subject to exception he caused it to be reviewed and to that end as Supream Head on Earth of the Church of Engl. I speak the very words of the Act of Parl. 32. H. 8. c. 26. appointed the Arch-Bishops and Bishops of both Provinces and also a great number of the best learned honestest and most vertuous sort of the Doctors of Divinity men of discretion judgment and good disposition to be called together to the intent that according to the very Gospel and Law of God without any partial respect or affection to the Papistical sort or any other Sect or Sects whatsoever they should declare by writing and publish as well the principal Articles and points of our Faith and Belief with the Declaration true understanding and observation of such other expedient points as by them with his Graces advice counsel and consent shall be thought needful and expedient as also for the lawful Rights Ceremonies and observation of Gods Service within this Realm This was in the year 1540. at what time the Parliament was also sitting of which the King was pleased to make this special use That whereas the work which was in hand I use again the words of the Statute required ripe and mature deliberation and was not rashly to be defined and set forth and so not fit to be restrained to the present Session an Act was passed to this effect That all Determinations Declarations Decrees Definitions and Ordinances as according to God's Word and Christ's Gospel should at any time hereafter be set forth by the said Arch-Bishops and Bishops and Doctors in Divinity now appointed or hereafter to be appointed by his Royal Majesty or else by the whole Clergy of England in and upon the matter of Christ's Religion and the Christian Faith
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