Selected quad for the lemma: justice_n
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A43545
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Observations on the historie of The reign of King Charles published by H.L. Esq., for illustration of the story, and rectifying some mistakes and errors in the course thereof.
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Heylyn, Peter, 1600-1662.
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1656
(1656)
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Wing H1727; ESTC R5347
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112,100
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274
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that there was not greater care taken to commit this Bishop to the Tower then to release another from it of which he saith that Munday the 16 of Novemb. the Lord Bishop of Lincolne was set free of his imprisonment in the Tower upon the suit of the House of Peers to His Majestie and the next day being a day of Humiliation he was brought into the Abbey Church by six Bishops and officiated there as Dean of Westminster before the Lords So shall it be done unto the man whom the People honour Never was man more honoured for the present both by Lords and Commons his person looked upon as sacred his words deemed as Oracles and he continued in this height till having served their turn against the Archbishop of Canterbury and the Earle of Strafford he began sensibly to decline and grew at last the most hated man of all the Hierarchie But he was wise enough to foresee the change and prepare himself for it For I remember that congratulating him for the high esteem to which he had attained in both Houses of Parliament and representing to him the many opportunities which he had thereby of doing service to the King and good to the Church He told me that he did not think that the Parliament had any better affections for him than for the rest of his Brethren that the difference between them stood onely thus that some of them might be more hated than he but that he was not more beloved than any of them And finally such was the freedome he used with me that all the courtesâ—…e he expected from them was that which Poliphemus promised to Ulysses that is to say to eat him last after he had devoured his fellows How truly this was said the event hath proved It was unanimously voted by the Commons That the Charge imposed upon the Subject for the providing and furnishing of Ships and the Assesments for raising of money for that purpose commonly called Ship-money are against the Laws of the Realme Nor was it only voted thus in the House of Commons but afterwards in the House of Peers and all proceedings in the Case both at the Councell Table the Star-Chamber and the Courts of Justice declared null and void yet for all this the opinion of the Legality of it was so fixed in the mindes of many understanding men that it could not easily be removed 1. In regard of the great learning and integrity of the man by whom it was first set on foot 2. Because all the Judges had subscribed unanimously to the Lawfulnesse of it in time of danger of which danger the King was declared to be the Judge 3. Because being brought to a publick tryall after it had been argued by the Councel on both sides in the Courts of Justice and by all the Judges in the Exchequer Chamber there passed a definitive sentence for it in behalf of the King 4. Because voted down by the Houses of Parliament in a meer arbitrary way than was expected without being brought to a review neither the Kings Councell being heard nor the Judges called to shew the Reasons of their opinions 5. Because it was ordered by the House of Commons that the Arguments of Justice Crooke and Justice Hutton for the illegality thereof should be put in print those of the other eight Judges which were for the Lâ—…gallity of it continuing suppressed which gave occasion to most men to think that there was more reason for it in those Arguments than was thought fit to see the light And last of all because notwithstanding all this care to vote down this Assesment they were faine to have recourse to the King for obtaining of an Act of Parliament to secure them from it for the time to come In the mean time it was thought fit to impeach the Judges of high Treason that having such a rod over them they might be sure that nothing should be declared for Law but as they would have it Not being satisfied in this Vote I fear I shall finde lesse satisfaction in that that follows that is to say that The Clergie in a Synod or Convocation hath no power to make Canons Constitutions or Lawes to binde either Laity or Clergie without a Parliament This is a new piece of State-doctrine never known before the Convocation having no dependence upon the Parliament either in the calling or dissolving of it nor in the confirmation authorizing of the Acts thereof but only on the King himselfe and not upon the Kings sitting in the Court of Parliament but in his Palace or Court Royall wheresoever it be And this appeareth both by the Statute made in the 26 of Henry 8th and the constant practise ever since But whereas it was voted also that the Canons are against the Fundamentall Lawes of this Realme and against the Kings Prerogative c. I am to tell my Author that before the Canons were subscribed they were imparted to the King and by Him communicated to the Lords of the Privy Councell the Judges and the Kings Councell learned in the Laws of this Realm being then attending in the hearing of all which they were read and by all approved which had been strange if any thing tending unto faction and sedition or to the diminution of the Subjects property and the Kings prerogative or otherwise against the known Laws of the Land had been found in them And finally whereas our Author doth inform us that this censure passed upon the Canons upon a full debating of the Cause on both sides I would faine know by whom it was debated on the behalf of the Clergie I have some reason to believe that none of the Clergie of that Convocation who best understood their own businesse were called to the debating of it or that they did appear there by their Councell learned sufficiently authorized and instructed to advocate for them and therefore if any such debating was it must be managed either by some Members of their owne House or by some London Ministers purposely called out of the rest to betray the Cause and be it which of these it will it is not to be doubtâ—…d but their Arguments were either fiâ—…ted to the sence of the House or built on such weak promises as nothing but a Vote of Condemnation could ensuâ—… upon them Nor was it thought sufficient to decry the Canons unlesse the Canon-makers were kept under by the hand of terrour And therefore as before they impeached the Judges so did they Frame a Bill for Fineing all the Clergy of that Convocation according to the place and station which they held therein By this meanes keeping them in such awe that sew of them durst appeare in maintenance of their owne Authority or in opposing those encroachments and Innovations which day by day were thrust upon them Toward which worke our Nation was so auxiliary so assistant yet at the end brought them in no Bill of charges There was no reason why they
Lord Privie Seal Sir Edward Littleton chief Justice of the Common Pleas Sir John Bankes Attorney Generall Sir Robert Heath and Sir Ralph Whitfield the Kings Serjeants at Law who on the 10. of May subscribed a paper with their hands to this effect That the Convocation being called by the Kings Writ was to continue till it were dissolved by the Kings Writ notwithstanding the dissolution of the Parliament Upon the readiâ—…g of this paper in the lower House of Convocation and the satisfaction there by given to all contrary scruples they went on to their businesse not as a new Synod made of an old Convocation quoth the witâ—…y Gentleman but as an old Synod armed with a new Commission What they did there we shall see anon but with what danger they sate there I shall tell you now The dissolving of the Parliament having bred such discontentments some papers posted up by Lilborne so inflamed the Apprentices and the Riot upon Lambeth House created such a terrour in the Members of the Convocation that the King was faine to set a guard about Westminster Abbey for the whole time of their sitting Poor men to what a distresse were they brought in danger of the Kings displeasure if they rosâ—… of the Peoples fury if they sate in danger of being beaten up by Tumults while they were at the worke of being beaten down by the following Parliament when thâ—… worke was done and after all obnoxious to the lash of censorious tongues for their good intendments For notwithstanding their great care that all things might be done with decency and to edification every one even our Author himself must have his blow at them And first he strikes at the Oâ—…th enjoyned in the sixt Canon for preâ—…ervation of the Doctrine and Discipline of the Church here by Lâ—…w established But to make sure worke of it that the blow may come home indeed he prepares his way with a discourse against Episcopacy it selfe for maintenance whereof amongst other things that Oath was framed telling us positively that Bishops and Presbyters in Scripture phrase are of eqâ—…ivalent import and denote the selfesame persons without the least distinction They whom Holy Text calls Bishops having an Identity a sâ—…enesse of Name of Ordination of Office of all qualifications necessary to that Office with Presbyters I have heard that when Cornelius Burges was to goe out Doctor he would needs take upon him to answer the Divinity Act but did it so unluckily and with such a plentifull want of understanding in the tearmes of Logick that Doctor Prideaux said openly to him Tu possis bene pradicare sed non potes bene disputare that he might possibly be a good Preacher though he were but a very sorry Disputant The like may be said of our Author 〈◊〉 so when he plaiâ—… the Historian in relating of such things as are builâ—… upon good intelligence he doth it very well few better but when he comes to shew his opinion in a matter controverted and to give his reasons for the same he doth it very ill none worse For first I doe not believe that our Author can easily prove Presbyters and Bishops to be of equivalent import or comprehended under the same name in the Holy Scripture But secondly granting that they be who that pretends to Logick can dispute so lamely as from a Community of names to inferre an Identity or samenâ—…sse in the thing so named which is the ground our Author builds on Kings are called Gods in holy Scripture I have said ye are Gods Psal. 82. 6. and God doth frâ—…quently call himselfe by the name of King yet if a man should thence inferre that from this Community of names there aâ—…iseth an Identity or samenesse between God and the King he might be worthily condemned for so great a Blasphemer S. Peter calls our Saviour Christ by the name of Bishop and himselfe a Presbyter or Priest an Elder as most unhandsomly our English reads it the Bishop of your Souleâ—… 1 Pet. 2. 25. I who am also an Elder 1 Pet. ver 1. yâ—…t were it a sorry piece of Logick to conclude from hence that there is no distinction between an Apostle and an Elder the Prince of the Apostles and a Simple Presbyter or between Christ the supream Pastor of his Church and every ordinary B shop And thirdly taking iâ—… for granted that Bishops have an Identity or samenesse in Name Office Ordination and Qualification with Presbyters as our Author telleth us they have it will not follow convertibly that Presbyters have the like Identity or samenesse of Qualification Ordination Name and Office which the Bishop hath My reason is because a Bishop being first Regularly and Canonically to be made a Priest before he take the order and degree of a Bishâ—…p hath in him all the Qualifications the Ordination Name and Office which a Presbyter hath and something farther superadded as well in point of Order as of Juvisdiction which every Presbyter hath not so that though every Bishop be a Pâ—…iest or Presbyter yet every Presbyter not a Bishop To make this clear by an exampâ—…e in the Civill Government when Sir Robert Câ—…cill Knight and principall Secretary of State was made first Earl of Salisbury and then Lord Treasurer continuing Knight and Secretary as he was before it might be said that he had an Identity or samenesse in Name Office Order and Qualification with Sir John Herbert the other Secretary yet could this be said reciprocally of Sir John Herbert because there was something super added to Sir Robert Cecill namely the dignity of an Earle and the Office of Lord Treasurer which the other had not So true is that of Lactantius an old Christian writer Adeo argumenta ex absurdo petita ineptos habent excitus So ordinary a thing it is for Arguments built upon weak grounds to have worse conclusions Episcopacy being thus knocked down with a painted club our Author goes on to tell us what great but unprofitable paines were taken in defence thereof telling us that though the Presse swarmed with Books setting forth the right upon which it was founded yet all advantaged them little How so because saith he Such a prejudice there was against them and the truth contended for lay then so deep as few had perspicuity enough to 〈◊〉 it That the Presse swarmed with Books purposely writ about this time in defence of the Dâ—…vine Right of Episcopacy I remember not but sure I am it swarmed with many pestilent and seditious Libels in which the B shops were defamed and the calliâ—…g questioned In answer whereunto if any of them were thought worthy to receive an answer it is possible that someâ—… what may be said upon the by for Declaration of that Divine Right on which it was founded Nor was this any new claime never made before but frequently insisted on by the Bishop and those that writ in defence of Bishops in Queen Elizabeths time by Doctor Bancroft then Bishop