not to be forgiven him I hope the Doctor has met with a more merciful Judge in another World than Mr. Burnet is in this If he had been a Factor for Papists Mr. Burnet should have presented one particular instance which he cannot do As we have said before in his Life he communicated that design of his History of Reformation to Arch-Bishop Laud from whom he received all imaginable encouragement by ancient Records that he perused And what benefit could any Reader receive to have quoted to him the pages of Manuscripts Acts of Parliament Records of old Charters Registers of Convocation Orders of the Council-Table or any of those out of the Cottonian Library which the Doctor made use of The Lord Bacon writ of Transactions beyond his own time living as far distant from the Reign of K. Hen. VII as Dr. Heylyn did from K. Hen. VIII who laid the first foundation of the Reformation yet I cannot find there more quotations of Authors than in Dr. Heylyns History yet I suppose Mr. Burnet will look upon the Lord Bacons History as compleat And if all this were made out 't is no more than what may be laid at the door of the Author who lately writ the History of Duke Hamilton Hist D. Ham. p. 29 30. where are reported the most abominable Scandals that were broach'd by the malicious Covenanters against the Scottish Hierarchy and they are permitted without the least contradiction or confutation to pass as infallible Truths that so Posterity as well as the present prejudiced Age might be levened with an implacable enmity and hatred against the whole Order of Episcopacy Although the Hamiltons were the old inveterate Enemies of the Stuarts and the Duke of whom the History is compiled was an Enemy as treacherous to K. Charles I. as any that ever appeared against him in open Arms. He was the cause of the first Tumult raised in Edenburgh He Authorised the Covenant with some few alterations in it and generally imposed it on that Kingdom He was the chief Person that prevailed with the King to continue the Parliament during the pleasure of the two Houses and boasted how he had got a perpetual Parliament for the English and would do the like for the Scots He aimed at nothing less than the Crown of Scotland and had so courted the common Soldiers that David Ramsey openly began a health to K. James VII yet all these things with many others are either quite smothered or so painted over by Mr. Burnet that the Volume he has writ may be called an Apology or a Panegyrick rather than a History Of all these matters the Doctor hath acquainted the world before in the Life of Archbishop Laud and the Observations that he wrote upon Mr. L'Estrange's History of King Charles I. I will be bold to aver if the Doctor had employed his great Learning and Abilities to have written but one half of those things against the King and Church of England which he wrote for them he would have been accounted by very many persons I will not say by Mr. Burnet the truest Protestant the most faithful Historian the greatest Scholar and in their own phrase the most pretious man that ever yet breathed in the Nation But he had the good luck to be a Scholar and better luck to employ his Learning like an honest man and a good Christian in the defence of a righteous and pious King of an Apostolical and true Church of a venerable and learned Clergy and that drew upon him all the odium and malice that two opposite Parties Papist and Sectary could heap upon him After the happy Restauration of the King it was high time for the good Doctor to rest a while from his Labours and bless himself with joy for the coming in of his Sovereign for now the Sun shone more gloriously in our Hemisphere than ever the Tyrannical powers being dissolved the King brought home to his people the Kingdom setled in peace the Church restored to its rights and the true Religion established every man returned to his own vine with joy who had been a good Subject and a sufferer and the Doctor came to his old habitation in Westminster of which and of his other Preferments he had been dispossest for the space of seventeen years and he no sooner got thither but according to his wonted custom he sets upon building and erected a new Room in his Prebends house to entertain his Friends in And seldom was he without Visitors especially the Clergy of the Convocation who constantly came to him for his Advice and Direction in matters relating to the Church because he had been himself an ancient Clerk in the old Convocations Many Persons of Quality besides the Clergy for the Reverence they had to his Learning and the delight they took in his company payed him several visits which he never repayed being still so devoted to his Studies that except going to Church it was a rare thing to find him from home I happen'd to be there when the good Bishop of Durham Dr. Cousins came to see him who after a great deal of familiar discourse between them said I wonder Brother Heylyn thou art not a Bishop but we all know thou hast deserved it To which he answered Much good may it do the new Bishops I do not envy them but wish they may do more than I have done Now what that great Man did so readily acknowledge to be the Doctors due was no more than what his true worth might justly challenge from all that were Friends to Learning and Virtue For his knowledge was extensive as the Earth and in his little world the great one was so fully comprehended that not an Island or Province nay scarce a Rock or Shelf could escape his strict survey and exact description Nor was he content with that degree of knowledge which did far exceed what any other durst hope or even wish for viz. A perfect familiarity with the present State of all the Countreys in the World but he was resolved to understand as well what they had always been as what they then were to be as throughly acquainted with their History as he was with their Situation and to leave nothing worth the knowing undiscovered So that what he has done in that kind looks liker the product of the most Learned and Antient Inhabitans of their respective Countreys than the issue of the industry of a Single Person Yet for all this his head was not so filled with the contemplations of this World as to leave no room for the great concerns of the other But on the contrary the main of his Study was Divinity the rest were but by the by and subservient to that For he having strictly viewed and examined all the various Religions and Governments upon Earth and coming to compare them with those under which himself lived did find the advantage both in respect of this life and another to lie so much on the side
than for his deserts in Learning and Integrity in that particular point before spoken of which any generous man would give to his Learned Antagonist For many Lutherans and Calvinists I may say pace tanti viri so angry at a word have not grudged much less judged it any crime to praise the Cardinals Learning Doctrinam nos in ipso commendamus saith a rigid Lutheran Joh. Andr. Quenstedt in his Dial. de pal illust Vir. S. Paul would not stick to call him who was an inveterate Enemy of the Christians Most Noble Festus And though Cardinals we know were originally but Parish-Priests by Pride and Usurpation have made themselves Compeers to Kings that which is unjustly once obtained by time groweth common and familiar that none will refuse to give such their ordinary Titles of honour although they come by indirect means and not by merit to them Bellarmin also was of no poor and base extraction but better than his fellows for which reason he was created Cardinal by Clement the VIII Hunc eligimus saith he quia est nepos optimi sanctissimi pontificis Quenstedt pag. 327. because he was the Nephew of Marcellus the II. who said That he could not see how any one can be saved who sate in the Pontifical Chair Onuph in vit Marc. Non video quomodo qui locum hunc altissimum tenent salvari possunt After these heats of Disputation were over Mr. Heylyn took a Journey to London where he waited on Archbishop Laud then Bishop of Bath and Wells who had heard of all the passages that had happened at Oxford of which Mr. Heylyn gave a more perfect account to his Lordship who was pleased to read over the Supposition at which Dr. Prideaux was so highly offended but the good Bishop of the other side commended it and encouraged Mr. Heylyn in his Studies saying That he himself had in his younger days maintained the same Positions in a Disputation in S. Johns Colledge that Mr. Heylyns Hypothesis could not be overthrown in a fair way exhorting him to continue in that moderate course and that as God had given him more than ordinary gifts so he would pray to God that he and others might employ them in such a way and manner as might make up the breaches in the Walls of Christendom He being now admitted Chaplain to his Majesty the good Bishop instructed him with Counsel and wise cautions how to behave himself in all circumstances suitably to the calling and dignity of his place telling him amongst other things That the King did not love Silk nor Sattin Chaplains which Mr. Heylyn ever observed both young and old never ruâ—fling in Silks like some of his Brotherhood but went alway in a plain grave and decent habit In November next following he Preached in his course before the King on those words Joh. 4. v. 20. Our Fathers Worshipped on this Mountain c. In which Sermon he declared himself with such smart zeal and with as quick judgment against several errors and corruptions in the Church of Rome that his Sermon was better resented by the King than his Supposition by the Kings Professor in Oxon who though a Right Learned man for his place yet so dogmatical in his own points that he would not abide to be touch'd much less contradicted by Mr. Heylyn Non aliam ob causam nisi quod Virtus in utroque summa fuit Hor. More especially being a great man at that time very popular in the University profoundly admired by the Junior Masters and some of the Seniors inclined to Puritanism his own College then observed to be the Nurse of West-Countrey-men in Puritan principles Mr. Heylyn could expect no favour nor fair dealing in the way of Disputation when it ran contrary to the Professors humour After these Academical contests growing weary of Obs and Sols in Scholastical Disputations which was ever opposite to his genius and for this purpose unwilling to be always Cloystred up within the Walls of his College where he must be tied to such Exercises besides a man of an airy and active spirit though studious and contemplative would not perpetually be devoted to a melancholy recluse life Therefore he resolved to Marry and try his fortune in the World Neque aliud probis quam ex matrimonio solatium esse saith the good Author Tacit. Hist lib. 4. Marriage is the only comfort of minds honestly given accordingly a fair Fortune was offered to him viz. A Wife with a thousand pounds Portion a Gentlewoman of a very Ancient Family and of as excellent Education Mrs. Leticia High-gate third Daughter of Thomas High-gate of Heyes Esq one of his Majesties Justices of Peace for the County of Middlesex who in his younger days whilst his Elder Brother was alive had been Provost-Marshal-General of the Army under the Earl of Essex at the action of Cales and of Margery Skipwith his Wife one of the Daughters of that Ancient Family of the Skipwiths in the County of Leicester which said Thomas Heygate the Father was second Son of that Thomas Heygate who was Field-Marshal-General of the English Forces before S. Quintins under the command of the Earl of Pembroke Anno Dom. 1557. and of Eliz. Stoner his Wife a Daughter of the Ancient Families of the Stoners in Oxfordshire To this Marriage Mr. Heylyn was induced because he could not make better choice for the excellency of her Person Wit and Friends besides a considerable Portion all concentring together for his more happy contentment and because Mr. Edward Heylyn his Elder Brother had before Married a Sister of this Lady another of the Daughters of the said Thomas Heygate His Seat was at Minster Lovel in the County of Oxford where his Son to whom Dr. Heylyn was Uncle now liveth viz. Hen. Heylyn Esq one of his Majesties Justices of the Peace for that County an ancient Colonel and excellent Commander in the Army of King Charles the First and a most accomplisht Gentleman in all respects to the honour of his Family Near which place of Minster he had the Advouson of Bradwell a very good Living in Glocestershire together with a Rent-charge of Inheritance paid him out of the Mannor of Lechlad He parted with his Title to Bradwell resolving to lay the foundation of his following Fortune by his own Industry and not to bury himself in the unimprovable way of a rural life He found out an honest Art by which he might recommend himself to the Patronage of some noble mind and that was to assert the History of St. George Patron of the most Noble Order of the Garter a business as he tells the King in his Epistle Dedicatory of so intricate and involv'd a nature that he had no guide to follow nor any path to tread but what he made unto himself And it had never come to perfection had not so able an hand as Mr. Heylyn's undertaken it whose accomplishments and industry were superior to every thing but
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
or too much looked after in the Reformation And first you say it is cvomplained of by some Zelots of the Church of rome that the Pope was very hardly and unjustly dealt with in being deprived of the Supremacy so long enjoyed and exercised by his Predecessors and that it was an Innovation no less strange than dangerous to settle it upon the King 2. That the Church of England ought not to have proceeded to a Reformation without the Pope considered either as the Patriarch of the Weftern world or the Apostle in particular of the English Nation 3. That if a Reformation had been found so necessary it ought to have been done by a General Council at least with the consent and co-operation of the Sister-Churches especially of those who were engaged at the same time in the same designs 4. That in the carrying on of the Reformation the Church proceeded very unadvisedly in letting the people have the Scriptures and the publique Liturgy in the vulgar tongue the dangerous consequents whereof are now grown too visible 5. That the proceedings in the point of the Common-prayer Book were meerly Regal the body of the Clergy not consulted with or consenting to it and consequently not so Regular as we fain would have it And 6. That in the power of making Canons and determining matters of the Faith the Clergy have so fettered and intangled themselves by the Act of Submission that they can neither meet deliberate conclude nor execute but as they are enabled by the Kings Authority which is a Vassalage inconsistent with their native Liberties and not agreeable to the usage of the Primitive times These are the points in which you now desire to have satisfaction and you shall have it in the best way I am able to do it that so you may be freed hereafter from such troubles and Disputants as I perceive have laboured to perplex your thoughts and make you less affectionate than formerly to the Church your Mother 1. That the Church of England did not Innovate in the Ejection of the Pope and settling the Supremacy in the Royal Crown And in this point you are to know that it hath been and still is the general and constant judgment of the greatest Lawyers of this Kingdom that the vesting of the Supremacy in the Crown Imperial of this Realm was not Introductory of any new Right or Power which was not in the Crown before but Declaratory of an old which had been anciently and originally inherent in it though of late Times usurped by the Popes of Rome and in Abeyance at that time as our Lawyers phrase it And they have so resolved it upon very good reasons the principal managery of affairs which concern Religion being a flower inseparably annexed to the Regal Diadem not proper and peculiar only to the Kings of England but to all Kings and Princes in the Church of God and by them exercised and enjoyed accordingly in their times and places For who I pray you were the men in the Jewish Church who destroyed the Idols of that people cut down the Groves demolished the high places and brake in pieces the Brazen Serpent when abused to Idolatry Were they not the godly Kings and Princes only which sway'd the Scepter of that Kingdom And though 't is possible enough that they might do it by the counsel and advice of the High-Priests of that Nation or of some of the more godly Priests and Levites who had a zeal unto the Law of the most high God yet we find nothing of it in the holy Scripture the merit of these Reformations which were made occasionally in that faulty Church being ascribed unto their Kings and none but them Had they done any thing in this which belonged not to their place and calling or by so doing had intrenched on the Office of the Priests and Levits that God who punished Vzzab for attempting to support the Ark when he saw it tottering and smote Osias with a Leprosie for burning Incense in the Temple things which the Priests and Levites only were to meddle in would not have suffered those good Kings to have gone unpunished or at least uncensured how good soever their intentions and pretences were Nay on the contrary when any thing was amiss in the Church of Jewry the Kings and not the Priests were admonished of it and reproved for it by the Prophets which sheweth that they were trusted with the Reformation and none else but they Is it not also said of david that he distributed the Priests and Levites into several Classes allotted to them the particular times of their Ministration and designed them unto several Offices in the publick Service Josephus adding to these passages of the Holy Writ That he composed Hymns and Songs to the Lord his God and made them to be sung in the Congregation as an especial part of the publick Liturgy Of which although it may be said that he composed those Songs and Hymns by vertue of his Prophetical Spirit yet he imposed them on the Church appointed Singing-men to sing them and prescribed Vestments also to these Singing-men by no other power than the regal only None of the Priests consulted in it for ought yet appears The like Authority was exercised and enjoyed by the Christian Emperors not only in their calling Councils and many times assisting at them or presiding in them by themselves or their Deputies or Commissioners but also in confirming the Acts thereof He that consults the Code and Novelles in the Civil Laws will find the best Princes to have been most active in things which did concern Religion in regulating matters of the Church and setting out their Imperial Edicts for suppressing of Hereticks Quid Imperatori cum Ecclesia What hath the Emperor to do in matters which concern the Church is one of the chief Brand-marks which Optatus sets upon the Donatists And though some Christians of the East have in the way of scorn had the name of Melchites men of the Kings Religion as the word doth intimate because they adhered unto those Doctrines which the Emperors agreeable to former Councils had confirmed and ratified yet the best was that none but Sectaries and Hereticks put that name upon them Neither the men nor the Religion was a jot the worse Nor did they only deal in matters of Exterior Order but even in Doctrinals matters intrinsecal to the Faith for which their Enoticon set out by the Emperor Zeno for settling differences in Religion may be proof sufficient The like Authority was exercised and enjoyed by Charles the Great when he attained the Western Empire as the Capitulars published in his Name and in the names of his Successors do most clearly evidence and not much less enjoyed and practised by the Kings of England in the elder times though more obnoxious to the power of the Pope of Rome by reason of his Apostleship if I may so call it the Christian Faith being first preached unto the English
motion from Charles the Great and his Successors in that Empire it being evident in the Records of the Gallican Church that the opening and confirming of all their Councils not only under the Caroline but under the Merovignean Family was always by the power and sometimes with the Presidence of their Kings and Princes as you may find in the Collections of Lindebrogius and Sirmondus the Jesuite and finally that in Spain it self though now so much obnoxious to the Papal power the two at Bracara and the ten first holden at Toledo were summoned by the Writ and Mandate of the Kings thereof Or if you be not willing to take this pains I shall put you to a shorter and an easier search referring you for your better information in this particular to the learned Sermon Preached by Bishop Andrews at Hampton Court Anno 1606. touching the Right and power of calling Assemblies or the right use of the Trumpets A Sermon Preached purposely at that time and place for giving satisfaction in that point to Melvin and some leading men of the Scotish Puritans who of late times had arrogated to themselves an unlimited power of calling and constituing their Assemblies without the Kings consent and against his will As for the Vessallage which the Clergy are supposed to have drawn upon themselves by this Submission I see no fear or danger of it as long as the two Houses of Parliament are in like condition and that the Kings of England are so tender of their own Prerogative as not to suffer any one Body of the Subjects to give a Law unto the other without his consent That which is most insisted on for the proof hereof is the delegating of this power by King Henry VIII to Sir Thomas Cromwel afterwards Earl of Essex and Lord high Chamberlain by the name of his Vicar General in Ecclesiastical matters who by that name presided in the Convocation Anno 1536. and acted other things of like nature in the years next following And this especially his presiding in the Convocation is looked on both by Sanders and some Protestant Doctors not only as a great debasing of the English Clergy men very Learned for those times but as deforme satis Spectaculum a kind of Monstrosity in nature But certainly those men forget though I do not think my self bound to justifie all King Harries actions that in the Council of Chalcedon the Emperor appointed certain Noble-men to sit as Judges whose names occurr in the first Action of that Council The like we find exemplified in the Ephesine Council in which by the appointment of Theodosius and Valentinian then Roman Emperors Candidianus a Count Imperial sate as Judge or President who in the managing of that trust over-acted any thing that Cromwel did or is objected to have been done by him as the Kings Commissioner For that he was to have the first place in those publick meetings as the Kings Commissioner or his Vicar-General which you will for I will neither trouble my self nor you with disputing Titles the very Scottish Presbyters the mo st rigid sticklers for their own pretended and but pretended Rights which the world affords do not stick to yield No Vassallage of the Clergy to be found in this as little to be feared by their Submission to the King as their Supream Governour Thus Sir according to my promise and your expectation have I collected my Remembrances and represented them unto you in as good a fashion as my other troublesome affairs and the distractions of the time would give me leave and therein made you see if my judgment fail not that neither our King or Parliaments have done more in matters which concern'd Religion and the Reformation of this Church than what hath formerly been done by the secular Powers in the best and happiest times of Christianity and consequently that the clamours of the Papists and Puritans both which have disturbed you are both false and groundless Which if it may be serviceable to your self or others whom the like doubts and prejudices have possessed or scrupled It is all I wish my studies and endeavours aiming at no other end than to do all the service I can possibly to the Church of God to whose Graces and divine Protection you are most heartily commended in our Lord and Saviour Jesus Christ By SIR Your most affectionate Friend to serve you Peter Heylyn OF LITURGIES OR SET FORMS OF PUBLIQUE WORSHIP With the Concomitants thereof IN Way of an Historical Narration By PETER HEYLYN D.D. Augustin de bono perseverantiae lib. 2. c. 22. Vtinam tardi corde infirmi c. sic audirent vel non audirent in hac quaestione Disputationes nostras ut potius intuerentur orationes suas quas semper habuit habebit Ecclesia ab exordiis suis donec finiatur hoc seculum LONDON Printed for Charles Harper and Mary Clark 1680. To the Reader WHen the disputes were first raised by those of the Genevian faction against the Divine Service of this Church it was pretended that they were well enough content to admit a Liturgy so it were such an one as tended more to edification and increase of Piety than that which was imposed and established by the Laws of this Land was given out to do That which most seemed to trouble them as they gave it out was that it had too much in it of the Roman Rituals that it was cloyed with many superstitious and offensive Ceremonies the frequent and unnecessary repetition of the Lords Prayer the ill translation of the Psalms and other Scriptures the intermixture of impertinent Responsories whereby the course of the Prayers was interrupted and finally the diffeence betwixt that Liturgie and those of other reformed Churches with which they did desire to hold a more strict Communion But being beaten from these holds as by many others so more chiefly by judicious Hooker and never daring to adventure any more in pursuit of that quarrel the Smectymnians in our times resolved upon a nearer course to effect their purposes than the Martinists had done before them and rather chose to fell down Liturgie it self as having no authority from the Word of God nor from the practice of Gods people than waste their time in lopping off the branches and excrescencies of it Accordingly they reduced the whole state of the Controversie to these two Positions 1. That if by Liturgy we understand an order observed in Church Assemblies of Praying Reading and Expounding the Scriptures Administring Sacraments c. Such a Liturgy they know and do acknowledge both Jews and Christians to have used But if by Liturgy we undersTand prescribed and stinted forms of Administration composed by some particular men in the Church and imposed upon all the rest then they are sure for so they must be understood if they say any thing that no such Liturgie hath been used ancient by the Jews or Christians 2. That the first Reformers of Religion did never intend the
publick end For if he should it must needs sound exceeding harshly that every Member in the Congregation should be left unto the liberty of his own expression and their Devotions if so ordered could be entituled nothing less than Common-prayers by which name Justin Martyr calls them as before was shewn But that we may the better understand Tertullians meaning we will first take the words at large Tertullian Apologet c. 30. and then conjecture at the sense The words are these Illuc suspicientes Christiani manibus expansis quia innocuis capite nudo quia non erubescimus sine monitore quia de pectore oramus precantes summs omnes semper pro omnibus Imperatoribus vitam illis prolixam imperium securum domum tutam exercitus fortes senatum fidelem populum probum orbem quietum quaecunque hominis vel Caesaris vota sunt We Christians looking towards Heaven pray with our hands stretched out to protest our innocence bare-headed because not ashamed without a Monitor because by heart an happy Reign a secure House valiant Souldiers faithful Counsellors an industrious People and whatsoever else the Prayers of a private man for it is hominis not hominum or those even of the Emperor himself can extend unto And this he sheweth to be the subject of those Prayers which he himself did use to make for the Roman Emperors in the words next following Haec ab alio orare non possum quam à quo me scio consecuturum I pray for all this to no other than to him alone of whom only I am certain to obtain the same And sure Tertullian was a private person nor de we find that he prayed thus with others in the Congregation or if he did yet being the heads are certain which are spoke of here the Form may also be prescribed for ought appears unto the contrary which was used there And for the Monitor 't is true the Gentiles had of old their Monitors not only to direct them in what words but to what God also they should make their Prayers Which thing the Christians needed not who knew they were to make their Prayers unto God alone and being accustomed to pray in the Congregation according to the Form prescribed for the Emperors safety and the prosperity of his affairs could without any Monitor or Prompter pray by heart for those things which concerned the weal and safety of the Emperors and those who were in Office and Authority by and under them What the Prayers were used by the Christians of those times it is hard to say there being so little of them extant in Authors of unquestioned credit but that they used set Forms of prayer is not hard to prove as we shall see in the next Century when we have looked into the works of Origen and spent a little time in S. Cyprians writings If in their Books one of which was cotemporary with Tertullian the other living very near him if not with him also we find prescribed Forms of prayer I hope it will be granted without great difficulty that in Tertullians time they had prescribed Forms although those Forms appear not upon good record But first before we come to that we will lay down the course and order of the ministration according as I find it in the Constitutions ascribed to Clemens The Author of the which whosoever he was lived about these times and may perhaps be credited in a matter of fact although of no Authority with the Learned in a point of Doctrine Now he describeth both the Churches and the service thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Constitut Clement l. 2. c. 57. c. When thou he speaks unto the Bishop doest call the Congregation to Assemble as being the Master of the Ship command thy Deacons as the Mariners that places be provided for the Brethren who are as passengers therein First let the Church be built in form of an Oblongum looking towards the East and let the Bishops Throne or Chair be placed in the midst thereof the Presbyters sitting on each side of him and the Deacons ready and prepared to attend the Ministry to whom it appertaineth to place the lay-people in their ranks and seats and set the Women by themselves Then let the Reader from the Desk or Pulpit placed in the middle of the people read the Books of Moss as also those of Josuah Judges Kings and Chronicles and that of Ezra touching the return from Babylon as also those of Job and Solomon and the sixteen Prophets 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Two Chapters being read let one begin the Psalms of David and let the people answer the Acrosticks i. e. the closes or the burden of the song as we use to say Then let the Acts be read and the Epistles of S. Paul which he inscribed to several Churches by the suggestion of the Holy Ghost Afterwards let the Presbyter or Dacon read the Gospels which Matthew Mark Luke and John have left behind them And whilst they read the Gospel let the people stand and hearken to the same with silence For it is written Take heed and hearken O Israel and in another place Stand thou there and hearken Then let the Presbyters speak a word of Exhortation to the people not all at once but one by one and the Bishop last This done all of them rising up and turning towards the East the Catechumeni and those which are under Penance being first departed let them direct their Prayers to God after which some of the Deacons are to attend upon the Sacrifice of the holy Eucharist others to have an eye on the Congregation and to see that silence be well kept Then let the Deacon which assists the Bishops thus bespeak the people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Let no man here have malice against his Brother let no man harbour any dissimulation Which said the men salute the men the women those of their own Sex with an holy kiss After the Deacon saith the Prayer for the whole Church the universal World and the parts thereof as also for fertility for the Priests the Magistrates for the Bishop and King and the peace of all 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. This done Id. l. 8. c. 22. the Deacons are to bring the offerings to the Bishop laying the same upon the Altar the Priests assisting on each side as the Disciples do their Master Then the Bishop praying to himself together with the Priests or Presbyters and being arrayed in a white Vesture standing at the Altar and maing the sign of the Cross upon his forehead shall say The Grace of God Almighty and the love of our Lord Jesus Christ and the fellowship of the Holy Ghost be with you all and all the people shall return this Answer And with thy spirit Then shall the Bishop say Lift up your hearts and they reply We lift them up unto the Lord. The Bishop thus Let us give thanks unto the Lord the people
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
Christ came to be a Lamb without spot who by the Sacrifice of himself once made should take away the sins of the world Than which there can be nothing more conducible to the point in hand And to this purpose also when Christ our Saviour was pleased to Authorize his Holy Apostles to preach the good Tidings of Salvations he gave them both a Command and a Commission To go unto all the World and preach the Gospel to every Creature Mark 16.15 So that there was no part of the World nor any Creature in the same that is to say no rational Creature which seems to be excluded from a Possibility of obtaining Salvation by the Preaching of the Gospel to them if with a faith unfeigned they believe the same which the Church further teacheth us in this following Prayer appointed to be used in the Ordering of such as are called to the Office of the holy Priesthood viz. Almighty God and Heavenly Father which of thine Infinite Love and Goodness toward us hast given to us thy only and most Dear Beloved Son Jesus Christ to be our Redeemer and Author of Everlasting Life who after he had made perfect our Redemption by his Death and was ascended into Heaven sent forth abroad into the world his Apostles Prophets Evangelists Doctors and Pastors by whose labour and Ministry he gathered together a great Flock in all the parts of the World to set forth the Eternal Praise of his Holy Name For these so great Benefits of thy Eternal Goodness and for that thou hast vouchsafed to call thy Servant here present to the same Office and Ministry of Salvation of Mankind we render unto thee most hearty thanks and we worship and praise thee and we humbly beseech thee by the same thy Son to grant unto all which either here or elsewhere call upon thy Name that we may shew our selves thankful to thee for these and all other thy benefits and that we may daily increase and go forward in the knowledg and faith of thee and thy Son by the Holy Spirit So that as well by these thy Ministers as by them to whom they shall be appointed Ministers thy Holy Name may be always glorified and thy Blessed Kingdom enlarged through the same thy Son our Lord Jesus Christ who liveth and reigneth with thee in the Vnity of the same Holy Spirit world without end Amen Which Form in Ordering and Consecrating Bishops Priests and Deacons I note this only by the way being drawn up by those which had the making of the first Liturgy of King Edward the sixth and confirmed by Act of Parliament in the fifth and sixth of the said King was afterwards also ratified by Act of Parliament in the eighth year of Queen Elizabeth and ever since hath had its place amongst the publick Monuments and Records of the Church of England To these I shall only add one single testimony out of the Writings of each of the three godly Martyrs before remembred the point being so clearly stated by some of our Divines commonly called Calvinists though not by the Outlandish also that any longer insisting on it may be thought unnecessary First then Bishop Cranmer tells us in the Preface to his Book against Gardiner of Winchester aforementioned That our Saviour Christ according to the will of his Eternal Father when the time thereof was fully accomplished taking our Nature upon him came into this World from the high Throne of his Father to declare unto miserable Sinners the Goodness c. To shew that the time of Grace and Mercy was come to give light to them that were in darkness and in the shadow of death and to preach and give Pardon and full Remission of sin to all his Elected And to perform the same he made a Sacrifice and Oblation of his body upon the Cross which was a full Redemption Satisfaction and Propitiation for the sins of the whole World More briefly Bishop Latimer thus The Evangelist saith When Jesus was born c. Serm. 1. Sund. after Epiph. What is Jesus Jesus is an Hebrew word which signifieth in our English Tongue a Saviour and Redeemer of all Mankind born into the World This Title and Name To save appertaineth properly and principally unto him for he saved us else had we been lost for ever Bishop Hooper in more words to the same effect That as the sins of Adam Pref. to the ten Commandments without Priviledg or Exemption extended and appertained unto all and every of Adams Posterity so did this Promise of Grace generally appertain as well to every and singular of Adams Posterity as to Adam as it is more plainly expressed where God promiseth to bless in the seed of Abraham all the people of the World Next for the point of Vniversal Vocation and the extent of the Promises touching life Eternal besides what was observed before from the Publick Liturgy we find some Testimonies and Authorities also in the Book of Homilies In one whereof it is declared That God received the learned and unlearned and casteth away none Hom. of Holy Scrip. p. 5. but is indifferent unto all And in another place more largely that the imperfection or natural sickness taken in Adam excludeth not that person from the promise of God in Christ except we transgress the limits and bounds of this Original sin by our own folly and malice If we have Christ then have we with him Hom. against fear of death p. 62. and by him all good things whatsoever we can in our hearts wish or desire as Victory over death sin hell c. The truth hereof is more clearly evidenced in the Writings of the godly Martyrs so often mentioned as first of Bishop Latimer who discourseth thus We learn saith he by this sentence that multi sunt vocati that many are called c. that the preaching of the Gospel is universal that it appertaineth to all mankind Serm. Septure that it is written in omnem terram exivit sonus eorum through the whole world their sound is heard Now seeing that the Gospel is universal it appeareth that he would have all mankind be saved that the fault is not in him if they be damned for it is written thus Deus vult omnes homines salvos fieri God would have all mankind saved his salvation is sufficient to save all mankind Thus also in another place That the promises of Christ our Saviour are general they appertain to all mankind He made a general Proclamation saying Qui credit in me 1 Serm Lincol habet vitam aeternam Whosoever believeth me hath eternal life And not long after in the same Sermon That we must consider wisely what he saith with his own mouth Venite and me omnes Hook pres to Commo c. Mark here he saith mark here he saith Come all ye wherefore should any body despair or shut out himself from the promises of Christ which be general and appertain to the whole
University For if it had been so appointed by the University he would have been rewarded for it by the same power and authority which had so appointed when he appeared a Candidate for the Professorship on the death of Whitacres but could not find a party of sufficient power to carry it for him of which see also Chap. 21. Numb 4. And thirdly as for the not Priting of the Sermon it is easily answered the genius of the time not carrying men so generally to the Printing of Sermons as it hath done since But it was Printed at the last though long first And being Printed at the last hath met with none so forward in the Confutation as Mr. Wotton is affirmed to be when at first it was Preached And therefore notwithstanding these three surmises which the Author of the Perpetuity c. hath presented to us it may be said for certain as before it was that Mr. Harsnet was never called in question for that Sermon of his by any having Authority to convent him for it and much less that he ever made any such Recantation as by the said Author is suggested In the next place we will behold a passage in one of the Lectures upon Jonah delivered at York Anno 1594. by the right learned Dr. John King discended from a Brother of Robert King the first Bishop of Oxon afterwards made Dean of Christ Church and from thence presented by the power and favour of Archbishop Bancroft to the See of London A Prelate of too known a zeal to the Church of England to be accused of Popery or any other Heterodoxies in Religion of what sort soever who in his Lecture on these words Yet forty days and Nineveh shall be overthrown cap. 3. verse 4. discoursed on them in this manner The only matter of Question herein Bishop King's Lecture upon Jonath Lect. 33. p. 450. is how it may stand with the constancy and truth of eternal God to pronounce a Judgment against a place which taketh not effect within one hundred years For either he weas ignorant of his own time which we cannot imagine of an omniscient God or his mind was altered which is unproble to suspect Numb 23. Heb. 13. Rev. 1. For is the strength of Israel a man that he should lie or as the Son of man that be should repent Is he not yesterday and to day and the same for ever that was that is and that which is to come I mean not only in substance but in Will and Intention Doth he use lightness Are the words that he speaketh yea and nay Doth he both affirm and deny too 2 Cor. 1. Are not all his Promises are not all his Threatnings are not all his Mercies are not all his Judgments are not all his Words are not all the titles and jots of his words yea and amen so firmly ratified that they cannot be broken Doubtless it shall stand immutable When the Heaven and the Earth shall be changed Mal. 3. and wax old like a garment Ego Deus non mutor I am God that am not changed Aliud mutare voluntatem aliud velle mutationem Aquin 1. qu. 19. art 7. The School in this respect hath a wise distinction It is one thing to change the will and another to will a change or to be willed that a change should be God will have the Law and Ceremony at one time Gospel without Ceremony at another this was his Will from Everlasting constant and unmoveable that in their several courses both should be Though there be a change in the matter and subject there is not a change in him that disposeth it Our Will is in Winter to use the fire in Summer a cold and an open air the thing is changed according to the season but our Will whereby we all decreed and determined in our selves so to do remain the same Sometimes the Decrees and purposes of God consist of two parts the one whereof God revealeth at the first and the other he concealeth a while and keepeth in his own knowledge as in the action enjoyned to Abraham the purpose of God was twofold 1. To try his Obedience 2. To save the Child A man may impute it inconstancy to bid and unbid Mutat seo tentiam non mutat consilium lib. 10. mor. cap. 23. but that the Will of the Lord was not plenarily understood in the first part This is it which Gregory expresseth in apt terms God changeth his intent pronounced sometimes but never his Counsel intended Sometimes things are decreed and spoken of according to inferiour cause which by the highest and over-ruling cause are otherwise disposed of One might have said and said truly both ways Lazarus shall rise again and Lazarus shall not rise again if we esteem it by the power and finger of God it shall be but if we leave it to nature and to the arm of flesh it shall never be The Prophet Esay told Hezekias the King put thy house in order Esa 38. for thou shalt die considering the weakness of his body and the extremity of his disease he had reason to warrant the same but if he told him contrariwise according to that which came to pass thou shalt not die looking to the might and merecy of God who received the prayers of the King he had said as truly But the best definition is that in most of these threatning there is a condition annexed unto them either exprest or understood which is as the hinges to the door Jer. 18. and turneth forward and backward the whole matter In Jeremy it is exprest I will speak suddenly against a Nation or a Kingdom to pluck it up to root it out and to destroy it But if this Nation Jer. 18. against whom I have pronounced turn from their wickedness I will repent of the plague which I thought to bring upon them So likewise for his mercy I will speak suddenly concerning a Nation and concerning a Kingdom to build it and to plant it but if yet do evil in my sight and hear not my voice I will repent of the good I thought to do for them Gen. 20. it is exprest where God telleth Abimeleck with-holding Abrahams Wife Thou art a dead man because of the Woman which thou hast taken the event fell out otherwise and Abimeleck purged himself with God With an upright mind and innocent hands have I done this There is no question but God inclosed a condition with his speech Thou art a dead man if thou restore not the Woman withoput touching her body and dishonouring her Husband Thus we may answer the scruple by all these ways 1. Yet forty days and Nineveh shall be overthrown and yet forty and forty days and Nineveh shall not be overthrown Wy Because Nineveh is changed and the unchangable will of God ever was that if Nineveh shewed a change it should be spared 2. There were two parts of Gods purpose the one disclosed
Thine always to be commanded in the Churches service P. H. Lacies Court in Abingdon Decemb. the 29th 1659. FINIS THE STUMBLING-BLOCK OF DISOBEDIENCE AND REBELLION Cunningly laid by Calvin in the Subjects way Discovered Censured and Removed By PETER HEYLYN D. D. ROM xiv 13. Offendiculum fratri tuo ne ponas Let no man put a Stumbling-block or an occasion to fall in his brothers way ISAM xxiv 6. And David said to his men The Lord forbid that I should do this thing unto my Master the Lords anointed to stretch forth my hand against him seeing he is the anointed of the Lord. LONDON Printed by M. Clark for C. Harper 1681. THE PREFACE IT will appear to any who shall read this Treatise that it was written in the time of Monarchical Government but in the later and declining times thereof when the change of that Government was in agitation and in part effected In which respect I doubt not but the publishing of this Discourse at this present time may seem unseasonable unto some and yet it may be thought by others to come out seasonably enopugh for these following Reasons 1. To give warning to all those that are in Supreme Authority to have a care unto themselves and not to suffer any Popular and Tribunitian Spirits to grow amongst them who grounding upon Calvins Doctrine both may and will upon occasion create new disturbances 2. To preserve the Dignity of the Supreme Power in what Person soever it be placed and fix his Person in his own Proper Orb the Primum Mobile of Government brought down of late to be but one of the three Estates and move in the same Planetary Sphere with the other two 3. To keep on foot the claim and Title of the Clergy unto the Reputation Rights and Priviledges of the Third Estate which doth of right belong unto them and which the Clergy have antiently enjoyed in all and to this day in most Christian Kingdoms 4. To shew unto the World on whose authority the Presbyterians built their damnable Doctrine not only of curbing and restraining the power of Princes but also of deposing them from their Regal Dignity whensoever they shall please to pretend cause for it For when the Scotch Commissioners were commanded by Queen Elizabeth to give a reason of their proceedings against their Queen whom not long before they they had deposed from the Regal Throne they justified themselves by those words of Calvin which I have chosen for the Argument of this Discourse By the Authority of Calvin as my Author hath it they endeavoured to prove that the Popular Magistrates are appointed and made to moderate and keep in order the excess and unruliness of Kings and that it is lawful for them to put the Kings that be evil and wicked into prison and also to deprive them of their Kingdoms If these reasons shall not prove the seasonableness of this Adventure I am the more to be condemned for my indiscretion the shame whereof I must endure as well as I can This being said in order to my Justification I must add somewhat of the Book or Discourse it self in which the canvasing and confuting of Calvins Grounds about the Ephori of Sparta the Tribunes of Rome and the Demarchi of Athens hath forced me upon many Quotations both Greek and Latin which to the Learned Reader will appear neitehr strange nor difficult And for the sake of the Vnlearned which are not so well verst and studied in foregin Languages I have kept my self to the direction of St. Paul not speaking any where in a strange Tongue without an Interpreter the sense of every such Quotation being either declared before or delivered after it Lastly whereas the Name of Appius Claudius doth many times occur in the History of the Roman Tribunes it is not always to be understood of the same Man but of divers men of the same Name in their several Ages as the name of Caesar in the New Testament signifieth not one man but three that is to say the Emperour Tiberius in the Gospels Claudius in the Boo of the Acts and that most bloody Tyrant Nero in the Epistle to the Philippians Which being premised I shall no longer keep the Reader in Porch or Entrance but let him take a view of the House it self the several Rooms Materials and Furniture of it long Prefaces to no long Discourses being like the Gates of Mindum amongst the Antients which were too great and large for so small a City The Argument and occasion of this following Treatise Joh. Calvini Institution Lib. 4. cap. 20â— Sect. 31. NEQVE enim si ultio Domini est effrenatae dominationis correctio ideo protinus demandatam nobis arbitremur quibus nullum aliud quam parendi patiendi datum est Mandatum De privatis hominibus semper loquor Nam siqui nunc sint Populares Magistratus ad moderandum Regum libidinem constituti quales olim erant qui Lacedaemoniis Regibus oppositi erant Ephori aut Romanis Consulibus Tribuni Plebis aut Atheniensium Senatui Demarchi qua etiam forte potestate ut nunc res habent funguntur in singulis Regnis tres Ordines cum primarios Conventus peragunt adeo illos ferocienti Regum licentiiae pro officio intercedere non veto ut si Regibus impotenter grassantibus humili plebeculae insultantibus conniveant corum dissimulationem nefaria perfidia non carere affirmem qua populi liberiatem cujus se Dei ordinatione tuiores positos norunt fraudulenter produnt NOR may we think because the punishment of licentious Princes doth belong to God that presently this power is devolved on us to whom no other warrant hath been given by God but only to obey and suffer But still I must be understood of private persons For if there be now any popular Officers ordained to moderate the licentiousness of Kings such as were the Ephori set up of old against the Kings of Sparta the Tribunes of the people against the Roman Consuls and the Demarchi against the Athenian Senate and with which power perhaps as the World now goes the three Estates are seized in each several Kingdom when they are solemnly assembled so far am I from hindring them to put restraints upon the exhorbitant power of Kings as their Office binds them that I conceive them rather to be guilty of a perfidious dissimulation if they connive at Kings when they play the Tyrants or wantonly insult on the common people in that they treacherously betray the Subjects Liberties of which they knew they were made Guardians by Gods own Ordinance THE STUMBLING-BLOCK OF Disobedience and Rebellion c. CHAP. I. The Doctrine of Obedience laid down by CALVIN and of the Popular Officers supposed by him whereby he overthroweth that Doctrine 1. The purpose and design of the Work in hand 2. The Doctrine of Obedience unto Kings and Princes soundly and piously laid down by Calvin 3. And that not only to
populares magistratus ad moderandum Regum libidinem constituti quales olim erant qui Lacedaemoniis Regibus oppositi erant Ephori aut Romanis Consulibus Tribuni Plebis aut Atheniensium Senatui Demarchi qua etiam foric potestate ut nune res habent funguntur in singulis Regnis tres Ordâ—nes quunt primarios conventus peragunt adeo illos ferocienti Reguin licentiae pro officio intercedere non veto ut si Regibus impotenter grassanttbus humili plebeculae insultantibus conniveant eorum dissimulationem nefariâ perfidiâ non carere affirmem quia populi libertatem cujus se Dei Ordinatione tutores positos norunt fraudulenter produnt But still I must be understood of private persons For if there be now any Popular Officers ordained to moderate the licentiousness of Kings such as the Ephori of old set up against the Kings of Sparta the Tribunes of the people against the Roman Consuls and the Demarchi against the Athenian Senate and with which power perhaps as the World now goes the three Estates are furnished in each several Kingdom when they are solenmly assembled sofar am I from hindering them from putting a restraint on the exorbitant power of Kings as their Office binds them that I conceive them guilty rather of a persidious dissimulation if they connive at Kings when they play the Tyrants or wantonly insult on the common people in that they treacherously betray the Subjects Liberty of which they know they were made Guardians by Gods own Ordinance and appointment But this must always be excepted in the obedience which we have determined to be que to the commands of our Governors and first of all to be observed that it draw us not from that obedience which is due to him to whose will all the commands of Kings must be subordinate to whose decrees their strongest mandates must give place and before whose Majesty they are bound to lay down their Scepters For how preposterous were it to incur his anger by our compliance with those men whom we are bound no otherwise to obey than for his sake only The Lord is King of Kings who when he speaks is to be heard for all and above them all We must be subject to those men who have rule over us but in him alone If against him they do command us any thing it is to be of none account Nor in such cases is the dignity of the Magistrate to be stood upon to which no injury is done if in regard of the more eminent and supream power of God it be restrained within its bounds Dan. 6.22 In this respect Daniel denied that he had trespassed any thing against the King in not obeying his prophane and ungodly Edict because the King had gone beyond his proper limits and being not only injurious against men but lifting up his horns against God himself had first deprived himself of all Authority The Israelites are condemned on the other side for being so ready to obey their King in a wicked action when to ingratiate themselves with Jeroboam who had newly made the Golden Calves they left the Temple of the Lord and betook themselves to a new superstitious worship And when their Children and posterity with the like facility applied themselves unto the humours of their wicked Kings the Prophet doth severely rebuke them for it So little praise doth that pretence of modeâ—ly deserve to have with which some Court parasites do disguise themselves and abuse the simple affirming it to be a crime not to yield obedience to any thing that Kings command as if God either had resigned all his rights and interess into the hands of mortal men when he made them Rulers over others or that the greatest earthly power were a jot diminished by being subjected to its Author before whom all the powers of Heaven do trembling supplicate I know that great and imminent danger may befall those men who dare give entertainment to so brave a constancy considering with what indignation Kings do take the matter when they once see themselves neglected whose indignation is as the messenger of death saith the Wise man Solomon But when we hear this Proclamation made by the heavenly Cryer that we ought to obey God rather than men let this consideration be a comfort to us Acts 5.29 that when we yield that obedience unto God which he looks for from us when we rather choose to suffer any thing than to deviate from the way of godliness And lest our hearts should fail us in so great a business St. Paul subjoyns another motive 2 Cor. 7 2â— that being bought by Christ at so great a price we should not re-inthral our selves to the lusts of men much less addict our selves to the works of wickedness These are the very words of Calvin from which his followers and Disciples most extreamly differ both in their doctrine and their practice First for their practice Calvin requires that we should reverence and respect the Magistrate for his Office sake and that we entertain no other than a fair esteem an honourable opinion both of their actions Sect. 2â— and their Counsels His followers like silthy dreamers as they are do not only dispise dominion but speak evil of dignities that is to say Jude 8. they neither reverence the persons of their Supream Magistrate nor regard their Office and are so far from cherishing a good opinion of those higher powers to which the Lord hath made them subject that their hearts imagine mischief against them all the day long and though they see no cause to condemn their actions they will be sure enough to misconstrue the end Calvin requires that we should manifest the reverence and respect we bear them by the outward actions of obedience Sect. 23. and to the end that this obedience should proceed from the very heart and not to be counterfeit and false he adds that we commend there health and flourishing estate in our prayers to God Ibid. His followers study nothing more than to disobey them in every one of those particulars which their Master speaks of refusing to obey their laws and to pay them tribute and to undergo such services and burdens as are laid upon them in reference to the publick safety and spare not as occasion serves to manifest the disaffection of their hearts by such outward acts as disâ—bedience and disloyalty can suggest unto them and are so far from praying for them that many times they pray against them blaspheming God because he will not curse the King and making that which they call Prayer so dangerous and lewd a Libel that their very prayers are turned to sin Calvin requires such moderation in the Subject that they neither intermeddle in affairs of State nor invade the Office of the Magistrate and that if any thing be amiss in the publick Government which stands in need of Reformation they presume not to put their hands unto the work
every Kingdom when they are solemnly assebled whom he condemns as guilty of perfidious dissimulation and the betrayers of the Subject Liberties whereof they are the proper and appointed Guardians if they connive at Kings when they play the Tyrants or wantonly insuit on the common people This is the gap through which rebellions and seditions have found to plausible a passage in the Christian World to be dethroning of some Kings and Princes the death of others For through this gap broke in those dangerous and seditious Doctrines that the inferiour Magistrates are ordained by God and not appointed by the King or the Supream Powers that being so ordained by God that are by him inabled to compel the King to rule according unto justice and the Laws established that if the King be refractory and unreclaimable they are to call him to account and to provide for the safety of the Common-wealth by all ways and means which may conduce unto thepreservation of it and finally which is the darling Doctrine of these later times that there is a mixture in all Governments and that the three Estates convened in Parliament or by what other name soever we do call their meeting are not subordinate to the King but co-ordinate with him and have not only a supplemental power to supply what is defective in him but a coercive also to restrain his Actions and a Corrective too to reform his Errors But this I give you now in the generals only hereafter you shall see it more particularly and every Author cited in his own words for the proof hereof Many of which as they did live in Calvin's time and by their writings gave great scandal to all Sovereign Princes but more as to the progress of the Reformation so could not Calvin choose but be made acquainted with the effects and consequences of his dangerous principles Which since he never did retract upon the sight of those seditious Pamphlets and worse than those those bloody tumults and rebellions which ensued upon it but let it stand unaltered to his dying day is a clear argument to me that this passage fell not from his Pen by chance but was laid of purpose as a Stumbling-block in the Subjects way to make him fall in the performance of his Christian duty both to God and man For though the Book of Institutions had been often printed in his life time and received many alterations and additions as being enlarged from a small Octavo of not above 29 sheets to a large Folio of 160 yet this particular passage still remained unchanged and hath continued as it is from the first Edition of it which was in the year 1536 not long after his first coming to Geneva But to proceed in our design What fruits these dangerous Doctrines have produced amongst us we have seen too plainly and we may see as plainly if we be not blind through what gap these Doctrines entred on what foundation they were built and unto whose Authority we stand indebted for all those miseries and calamities which are fallen upon us Yet to say truth the man desired to be concealed and not reputed for the Author of such strange conclusions which have resulted from his principles and therefore lays it down with great Art and caution Si qui and Fortè and ut nunc res habent that is to say Perhaps and as the World now goes and if there be such Officers as have been formerly as the three disguises which he hath masked himself and the point withal that he might pass away unseen And if there be such Officers as perhaps there are or that the world goes here as it did at Sparta or in the States of Rome and Athens as perhaps it doth or that the three Estate of each several Kingdom have the same authority in them as the Ephori the Demarchi and the Tribunes had as perhaps they have the Subject is no doubt in a good condition as good a man as the best Monarch of them all But if the Ephori the Demarchi and the Tribunes were not appointed at the first for the restraint and regulating of the Supream Powers as indeed they were not and if the three Estates in each several Kingdom have not that authority which the Ephori and the Tribunes did in fine usurp and the Demarchi are supposed to have as indeed they have not perhaps and peradventure will not serve the turn The Subject stands upon no better grounds than before he did Therefore to take away this stumbling-block and remove this rub I shall propose and prove these three points ensuing 1. That the Ephori the Demarchi and the Roman Tribunes were not instituted at the first for those ends and purposes which are supposed by the Author 2. If they were instituted for those ends yet the illation thereupon would be weak and childish as it relates of Kings and Kingdoms And 3. That the three Estates in each several Kingdom without all peradventures have no such authority as the Author dreams of and therefore of no power to controul their King Which If I clearly prove as I hope I shall I doubt not but to leave the cause in a better condition than I found it And in the proof of these the first point especially if it be thought that I insist longer than I needed on the condition of the Spartan Ephori the Roman Tribunes and the Demarchi of Athens and spend more cost upon it than the thing is worth I must intreat the Reader to excuse me in it I must first lay down my grounds and make sure work there before I go about my building And being my design relates particularly to the information and instruction of the English Subject I could not make my way unto it but by a discovery of the means and Artifices by which some petit popular Officers attained unto so great a mastery in the game of Government as to give the Check unto their Kings Which being premised once for all I now proceed unto the proof of the points proposed and having proved these points I shall make an end Haec tria cum docuero perorabo in the Orators Language CHAP. II. Of the Authority of the Ephori in the State of Sparta and that they were not instituted for the ends supposed by Calvin 1. The Kings of Sparta absolute Monarchs at the first 2. Of the declining of the Regal power and the condition of that State when Lycurgus undertook to change the Government 3. What power Lycurgus gave the Senate and what was left unto the Kings 4. The Ephori appointed by the Kings of Sparta to ease themselves and curb the Senate 5. The blundering and mistakes of Joseph Scaliger about the first Institution of the Ephori 6. The Ephori from mean beginnings grew to great Authority and by what advantages 7. The power and influence which they had in the publick Government 8. By what degrees the Ephori encroached on the Spartan Kings 9. The
any Democratical State shewed it self at the first in its proper colours or came into the World by a lawful entrance but crept into it secretly at the back-door either of Faction or Sedition Now the first man that gave the hint to the Democratie and made the people fall in love with a factious liberty was Theseus a valiant but unfortunate King who the better to induce the people of Attica to desert their dwellings and be incorporated into Athens promised them as before was said that all of them should have some share in the publick Government and after the form and manner of a Common-wealth And so far he performed his promise as to devest himself of some parts of Sovereignty 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and laid the first foundation of that popular State Plâ—taâ—ch in Thesâ—o which was after built but he paid dear for it For the people who before had been so tractable that they would do whatsoever their Kings commanded at the first words speaking began to take more state upon them and became so stubborn that they would do nothing on command but looked to be flattered with and courted upon all occasions Id. ibid. Which being noted by Menestheus a popular man but otherwise of the Royal Bloud he so fed that humour and wrought so finely on them by his Wit an cunning that Theseus was in fine deposed and his Sons disherited and the remainder of the Royalty conferred by them upon Menestheus as their deed of gift And though no doubt the people did improve their power both when their Kings became Elective and when their Governors were Elected but for term of years and specially when the Magistrates were no more than Annual yet they could get no further than an Aristocratie till the time of Solon which were about 170 years after the Annual Officers were first established the Annual Officers being established in the first year of the 5. Olympiad and Solon's reformation hapning in the second of the 47. But Solon being chosen Provost or the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and finding the Republick much embroiled in dangerous factions which had been long since bred between the Nobles and Commons in the change of Governments took on him by the joint consent of both parties the emendation of the Laws and the reducing of the State of the Common-wealth to a more peaceable and equal temper Id. in Solone And he so ordered their affairs that the chief Offices of the City remained in the hands of the Nobility as before they were which for the time contented them but the Election of those Officers and the dernier resort or the admittance of Appeals upon Writs of Error as we call them that he confirmed unto the people which did not only please the people for the present time but put them into a condition of drawing to themselves the Supream Authority Insomuch that Aristotle though he seem to say that Solon sâ—tled in the City a mixt form of Government the Court of Areopagites which he also instituted pretending to an Oligarchy the Annual Officers or Archontes to an Aristocratie Aristot Politiâ— l. 2. c. 10. and the power of Judicature being vested in the common people unto a Democratie yet he confesseth at the last that this power of Judicature and the necessity which all men found of applying themselves unto the people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 changed the Republick in conclusion to a meer Democratie as it continued till his time But yet it was not brought about but with great ado Plutarch in Solone Pisistratus first reducing the Estate to an absolute Monarchy which because he got it from them by fraud and force they called a Tyranny and after Clisthenes freeing his Countrey from that yoke by driving his posterity out of Attica restoring it unto an Aristocratie Id. in Artistide in Pericle Cimene as before it was At last it seemed good to Aristides though for a time he concurred with Clisthenes in his form of Government to cast a more indulgent eye on the common people who had behaved themselves exceeding gallantly in the dreadful War against the Persians and to cause a Law to be Enacted that all Authority and power of Government should be communicated equally to all the Citizens 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Id. in Aristide and that they should be capable of all the Offices and Honours in the Common-wealth Which as it added much to the Authority of the common people so that Authority was increased much more by the Arts of Pericles who bearing a grudg unto the Court of the Areopagites whereof he was never any Member and finding that the power thereof and of the Senate of five hundred did derogate exceeding much from the power of the people to whose faction he was wholly wedded by the help and setting on of Ephialtes a busie and popular man took from them the hearing and determining of the weightiest causes Id. in Poiâ—â—e Cimone and put them over to the judgment and decision of the common people who had no more before but the last Appeal and thereby perfected and produced that pure Democratie which had so often been desired but in vain attempted The people being screwed to this height of power and the dignity of the Supream Courts so much diminished a man would think there was but little need of such popular Officers as Calvin speaks of ordained of purpose as he thinks to oppose the Senate and counter-ballancetheir Authority Nor were those Courts at any time so inclined to Tyranny or likely in their constitution to oppress the people when their Authority was greatest and their power most eminent as that the people needed any special Officers to restrain their insolencies or to confine them to the limits of their Jurisdiction Now for the Senate it consisted at the first of 400 persons an hundred out of every Tribe and to that number was restrained by Solon whose device it was Id. in Solone but Clisthenes having increased the number of the Tribes to ten added one hundred more which made five in all for each Tribe fifty and so continued till the expiration of that Common-wealth A chief part of their business was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. to deliberate and debate of all such matters as were to be commended to the care of the common people that when the whole body of the people was assembled together no point should be propounded to them but what the Council of five hundred had fitted and prepared for their resolution Id. ibid. It also appertained to them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. to consult about denouncing War and raising Moneys to advise upon the making of new Laws to judg of any accident which at any time hapned in the City and of such matters which concerned their Allies and Nighbours to impose Tribute on the Subject and to take care both of the Navy and the Temples and furthermore to enquire into
people or actually did make head against them in behalf of the people if at any time they were oppressed and injured by it cannot be found I dare with confidence affirm in any Author of good credit either Greek or Latine 'T is true there were some People-pleasers in the State of Athens whom they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who by applying themselves to the peoples humour and seeming zealously assected to their power and profit could lead them whither they would and to what they lifted and sometimes did oppose themselves for the people sake not only against the Senate but all other Magistrates Of these it is that Arstotle doth make frequent mention in his books of Politicks and seems to prophecy that if not looked into in time 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they would change the State into a Tyranny But these were neither of Officers of State nor Justice Aristot Politic l. 5 c. ◠nor indeed any Officers at all though many times they did ill Offices to the Commonwealth the better to advance the hopes of the popular faction and by it themselves And it is true which Aristotle tells us in another place 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that the people had not only power to elect their Magistrates Id. ibid. l. 2. c. 12. but to call them also to accompt in case of mal-administration and had their proper Officers appointed to that end and purpose But then it is true withal but amongst them we meet not these Demarchi of whom Calvin dreams or any others which stood up in behalf of the common people but only in behalf of the Common-wealth Of this sort were the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 superadded to the nine Archontes and of authority to call them to an after-reckoning if they found them guilty of extortion Jul. Pollux l. 8. c. 9. sect 16. Id. ibid. sect 13. and of this sect were also those whom they called Logistae some of the which 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith mine Author were purposely appointed to observe and enquire into the Acts of the Senate and to proceed against them when their time was out according as they saw occasion which kind of Overseers had an eye also on the Areopagites And this is that which is observed by Aeschines the famous Orator where speaking of the Fundamental constitutions of the Common-wealth he tells us that it was ordained by the Legislators 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aeschin in Orat Contra Demosth Ctesiphon that even the Senate of five hundred should give up an account of their ministration and that the holy Council of the Areopagites should be obnoxious to the censure of the Logistrae for by that very name he calls them Of any account they were to give to these Demarchi or any thing they did de facto or might do de jure with reference to the case and benefit of the common people nothing but silence to be found in all Antiquity And to say truth it was not necessary that any popular Magistrates should be made of purpose to save the people from the pride and Tyranny of the higher Courts which were accountable to the people upon all occasions and were to be accountable to them according to the fundamental institution of the Common-wealth The State of Athens being one of the absolutest Democraties which was ever exant and so accounted of by all who write of Politicks had little need or use of such popular Magistrates which Calvin fancieth in that place which may be serviceable to the people in an Aistocratie but in a popular estate of no use at all Which makes we wonder by the way why Plato should affirm against right and reason that the State of Athens in his time and the times before 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was an Aristocratie Plato in Meneximo when by the current of all Writers and the course of story it appears most evidently that it was not only a Democratie but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plutarch in Cimone the purest and most unmixt Democratie that was ever read of Thus have we proved the first of the three points propounded in the beginning of this work viz. that the Ephori the Demarchi and the Roman Tribunes were not ordained at first for those ends and purposes which are supposed by the Author but more particularly that neither the Ephori of Sparta were first instituted to oppose the Kings nor the Tribunes first ordained to oppose the Consuls nor the Demarchi of Authority to oppose the Senate And we have proved which is directly contrary unto Calvins aim that the Ephori were at first ordained to ease the Kings and to be aiding to them against the Senate who began sensibly to encroach on the Regal power that the Tribunes were first instituted to no other end but to preserve the people from unjust oppression and that their opposition to the Consuls was accounted always to be against the rules of their Institution and a breach of Articles And as for these Demarchi whom we spake of last that neither by their Institution nor by Usurpation they did oppose against the Senate in behalf of the people but executed their commands upon the people as their duty bound them So that the great imagination which the Author had of shewing to the World a view of such popular Magistrates as might encourage men of place and eminence to think themselves ordained after these Examples to moderate the licentiousness of Kings and Princes is fallen directly to the ground without more ado as being built upon a weak nay a false foundation not able to support the building And more than so in case the instances proposed had been rightly chosen and that the Ephori in Sparta had been first ordained to oppose the Kings the Tribunes to oppose the Consuls and the Demarchi to keep under the Athenian State yet these would prove but sorry instances of such popular Officers as were ordained ad moderandum Regum libidinem to moderate the licentiousness of Kings and Sovereign Princes for proof of which they were produced The Ephori were not instituted in the State of Sparta till the Kings were brought under the command of the Senate and the State become an Aristocratie in which the Kings had very little left them of the Royal dignity but the empty name and were in power no other than the Dukes of Venice save that they were to have the command of the Armies which those Dukes have not And for the Tribunes 't is well known to every one who hath perused the Roman story that there were no such creatures to be found in Rome till the Romans had expulsed their Kings and were under their command of Consuls Monarchy being changed to an Optimatie and the peoplebound by solemn Oaths never to admit of a King amongst them The like may be affirmed also of the Demarchi of Athens supposing that they were of as great Authority as either the Ephori or the Tribunes
darling Doctrine of this present time so is it very eagerly pursued by Buchannan who affirms expresly Quicquid juris populus alicui dederit Buchann de jure Regni idem justis de causis posse reposcere that whatsoever power the people give unto their King or Supream Magistrate they may resume again upon just occasions Their Power they make so small and inconsiderable that they afford them very little even in matters of Temporal and no Authority at all in things Spiritual Calvin professeth for himself that he was very much agrieved to hear that King Henry the eighth had took unto himself the Title of Supream Head of the Church of England accuseth them of inconsiderate zeal nay blasphemy who conferred it on him and though he be content at last to allow Kings a Ministerial power in matters which concern the Reformation of Gods Publick Worship yet he condemns them as before of great inconsiderateness Calvin in Amos cap. 7. Qui facerent eos nimis spirituales who did ascribe unto them any great authority in spiritual matters The designation of all those who bear publick Office in the Church the calling of Councils or Assemblies the Presidency in those Councils Ordaining publick Fasts and appointing Festivals which anciently belonged unto Christian Princes as the chief branches of the Ecclesiastical Jurisdiction which is vested in them are utterly denied to Kings and Princes in their Books of Discipline Insomuch that when the Citizens of Embden did expel their Earl they did it chiefly for this reason Thuan. hist l. 114. Quod se negotiis Ecclesiasticis Consistorialibus praeter jus aequitatem immisceret that he had intermedled more than they thought fit in Ecclesiastical causes and intrenched too much upon their Consistory As for their power in Temporal or civil Causes by that time Knoxes Peers and Buchannans Judges Paraeus his inferiour Magistrates and Calvins popular Officers have performed their parts in keeping them within the compass of the Laws arraigning them for their offences if they should transgress opposing them by force of Arms if any thing be done unto the prejudice of the Church or State and finally in regulating their Authority after the manner of the Spartan Ephori and the Roman Tribunes all that is left will be by much too little for a Royd'Ivitot or for a King of Clouts as we English phrase it Last of all for their persons which God held so sacred that he gave it for a Law to his people Israel not to speak evil of their Princes saying Thou shalt not speak evil of the Ruler of thy people Let us but look upon these men and we shall find the basest attributes too good for the greatest Kings Calvin calls Mary Queen of England by the name of Proserpine Calvin in Amos cap. 7. and saith that she did superare omnes Diabolos that all the Devils of Hell were not half so mischievous Beza affords Queen Mary of Scotland no better Titles than those of Medea and Athaliah Beza in Epist ad Jo. of which the last was most infamous in divine the other no less scandalous in humane stories the one a Sorceress and a Witch the other a Tyrant and Usurper The Author of the Altare Damascenum whosoever he was can find no better attribute for King James of most blessed memory than infensissimus Evangelii hostis Didoclaviuâ— in Epistola ad â—â—ctor the greatest and deadly Enemy of the Gospel of Christ And Queen Elizabeth her self did not scape so clear but that the zealous Brethren were too bold sometimes with her Name and Honour though some of them paid dearly for it and were hanged for their labour How that seditious Hugonot the Author of the lewd and unworthy Dialogue entituled Eusebius Philadelphus hath dealt with three great Princes of the House of France and what reproachful names he gives them I had rather you should look for in the Author than expect from me being loath to wade too far in these dirty puddles save that I shall be bold to add this general Character which Didoclavius gives to all Kings in general viz. Naturâ insitum est in omnibus Regibus Christi odium that all Kings naturally hate Christ which may serve for all This is enough to let us see how irreconcileable an hatred these of the Calvinian faction bear against Kings and Princes how well they play the part of the very Antichrist in exalting themselves against whatsoever is called God and that the special reason why they affect so much to be called the Saints is out of a strong probable hope to see the day in which they shall bind Kings in chains and all the Princes of the earth in fetters of iron Finally such is their disaffection unto sacred Monarchy which they have sucked out of the grounds and principles here laid down by Calvin that we may justly say of them what was most truely said of the ancient Romans quasi nefas esset Regem aliquem prope eorum terminos esse Jâ—stin hist l. 29. they have bestirred themselves so bravely in defiance of the Regal Government as if they did account it an unpardonable sin to suffer any King though most good and gracious to border near them Which lest they should not be of power to compass by their popular Magistrates or by the Judges or the Peers or the People severally which make the main Battel for this Combat let us next look on the Reserve and see what hopes they have to effect the business by the three Estates conjoyned in Parliament or by what other name soever we shall call their meeting which Calvin in the last place doth reflect upon but cautiously with a qua forte or a peradventure as in that before CHAP. V. What are the three Estates in each several Kingdom in which CALVIN speaks and what particularly in the Realm of England 1. Of the division of a People into three Estates and that the Priests or Clergy have been always one 2. The Priests employed in Civil matters and affairs of State by the Egyptians and the Persians the Greeks Gauls and Romans 3. The Priests and Levites exercised in affairs of Civil Government by Gods own appointment 4. The Prelates versed in Civil matters and affairs of State in the best and happiest times of Christianity 5. The Clergy make the third Estate in Germany France Spain and the Northern Kingdoms 6. That antiently in the Saxon times the Ecclesiasticks of this Realm were called to all publick Councils 7. The Prelates an essential fundamental part of the English Parliament 8. Objections answered and that the word Clerus in the Legal notion doth not extend unto the Prelates 9. That the inferior Clergy of the Realm of England had anciently their Votes in Parliament to all intents and purposes as the Commons had 10. Objections answered and that the calling of the Clergy to Parliaments and Convocations were after different maners and by several Writs
regulated by the three Estates 6. Of what Authority they have been antiently in the Parliaments of Scotland 7. The King of England always accounted heretofore for an absolute Monarch 8. No part of Sovereignty invested legally in the English Parliaments 9. The three Estates assembled in the Parment of England subordinate unto the King not co-ordinate with him 10. The Legislative power of Parliaments is properly and legally in the King alone 11. In what particulars the power of the English Parliament doth consist especially 12. The Kings of England ordinarily over-rule their Parliaments by themselves their Council and their Judges 13. Objections answered touching the power and practice of some former Parliaments and the testimonies given unto them 14. No such Authority given by God in Holy Scripture to any such Popular Magistrates as Calvin dreams of and pretends 15. The Application and Conclusion of the whole discourse I Have been purposely more copious in the former Chapter because I thought it necessary to declare and manifest who made the three Estates in each several Kingdom which are pretended by our Author to have such power of regulating the Authority and censuring the actions and the persons of their Sovereign Princes And this the rather in regard it is thought of late and more than thought presented to the world in some publick writings especially as it relates to the Realm of England that the King the Lords and Commons make the three Estates which brings the King into an equal rank with the other two in reference to the business and affairs of Parliament A fancy by what accident soever it was broached and published which hath no consistence either with truth or ordinary observation or with the practice of this Realm or of any other For the proof of this my position that the King is none of the three Estates as is now pretended if all proofs else should fail I have one from Calvin whose judgment in this point amongst many of us will be instar omnium Calvin instit 4. cap. ult For where he saith in singulis Regnis tres esse Ordines that there are three Estates in each several Kingdom and that these three Estates convened in Parliament or by what other name soever they call their meeting are furnished with a power Regum lididinem moderandi of moderating the licentiousness of Kings and Princes and that they become guilty of perfidious dissimulation si Regibus impotenter grassantibus c. If they connive at Kings when they play the Tyrants or wantonly insult on the common people I trow it cannot be conceived that the King is any one of the three Estates who are here trusted or at least supposed to be intrusted with sufficient power as well to regulate his authority as to control his actions If Calvin be allowed to have common sense and to have wit and words enough to express his meaning as even his greatest Adversaries do confess he had it must be granted that he did not take the King of what Realm soever to be any of the three Estates or if he did he would have thought of other means to restrain his insolencies than by leaving him in his own hands to his own correction Either then Calvin is mistaken in the three Estates and if he be mistaken in designing the men he aims at may he not be mistaken in the power he gives them or else the King is none and indeed can be none of the three Estates qui primarios conventus peragunt who usually convene in Parliament for those ends and purposes before remembred But not to trust to him alone though questionless he be ideoneus testis in the present case Let us behold the Assembly of the three Estates or Conventus Ordinum in France from whence it is conceived that all Assemblies of this kind had their first Original and we shall find a very full description of them in the Assembly des Estats at Bloys under Henry III. Anno 1577. of which thus Thuanus Rex in sublimi loco sub uranisco sedebat Thanus in histor sci temp l. 63. c. The King saith he sate on an high erected Throne under the Canopy of State the Queen-Mother and the Queen his Wife and all the Cardinals Princes Peers upon either hand And then it followeth Transtris infra dispositis ad dextram suam sacri Ordinis Delegati ad laevam Nobilitas infra plebetus ordo sedebat that on some lower forms there sate the Delegates of the Clergy towards the right hand of the King the Nobility towards the left and the Commissioners for the Commons in the space below We may conjecture at the rest by the view of this Of those in Spain by those Conventions of the States which before we spake of at Burgos Monson Toledo and in other places in which the King is always mentioned as a different person who called them and dissolved them as he saw occasion For Scotland it is ordinary in the stile of Parliaments to say the King and the Estates do ordain and constitute for which I do refer you to the Book of Statutes which clearly makes the King to be a different person from the Estates of that Kingdom And as for England Statutes of Scotland besides what may be gathered from the former Chapter we read in the History of Titus Livius touching the Reign and Acts of King Henry V. that when his Funerals were ended the three Estates of the Realm of England did assemble together and declared his Son King Henry VI. being an Infant of eight months old to be their Sovereign Lord Tit. Liv. M. S. in Bibl. Bodl. as his Heir and Successor And in the Parliament Rolls of King Richard III. there is mention of a Bill or Parchment presented to that Prince being then Duke of Glocester on the behalf and in the name of the three Estates of this Realm of England that is to wit of the Lords Spiritual and Temporal and of the Commons by name which forasmuch as neither the said three Estates nor the persons which delivered it on their behalf were then Assembled in form of Parliament was afterwards in the first Parliament of that King by the same three Estates Assembled in this present Parliament I speak the very words of the Act it self and by Authority of the same enrolled Ap. Speed in K. Rich. 3. recorded and approved And at the request and by the assent of three Estates of this Realm that is to say the Lords Spiritual and Temporal and Commons of this Land Assembled in this present Parliament and by Authority of the same it be pronounced decreed and declared that our said Sovereign Lord the King was and is the very and undoubted Heir of this Realm of England 1 Eliz. cap. 3. c. And so it is acknowledged in a Statute of 1 Eliz. cap. 3. where the Lords Spiritual and Temporal and the Commons in that Parliament assembled being said
expresly and in terminis to represent the three Estates of the Realm of England did recognize the Queens Majesty to be their true lawful and undoubted Sovereign Liege Lady and Queen This makes it evident that the King was not accounted in the times before for one of the three Estates of Parliament nor can be so accounted the present times For considering that the Lords and Commons do most confessedly make two of the three Estates and that the Clergy in another Act of Parliament of the said Queens time are confessed to be one of the greatest States of the Realm which Statute being still in force Statut. 8. Eliz. cap. 1. doth clearly make the Clergy to be the third either there must be more than three Estates in this Kingdom which is against the Doctrine of the present times or else the King is none of the Estates as indeed he is not which was the matter to be proved But I spend too much time in confuting that which hath so little ground to stand on more than the dangerous consequences which are covered under it For if the King be granted once to be no more than one of the three Estates how can it choose but follow from so sad a principle that he is of no more power and consideration in the time of Parliament than the House of Peers which sometimes hath consisted of three Lords no more or than the House of Commons only which hath many times consisted of no more than eighty or an hundred Gentlemen but of far less consideration to all intents and purposes in the Law whatever than both the Houses joyned together What else can follow hereupon but that the King must be co-ordinate with his two Honses of Parliament and if co-ordinate then to be over-ruled by their joynt concurrence bound to conform unto their Acts and confirm their Ordinances or upon case of inconformity and non-compliance to see them put in execution against his liking and consent to his foul reproach And what at last will be the issue of this dangerous consequence but that the Lords content themselves to come down to the Commons and the King be no otherwise esteemed of than the chief of the Lords the Princeps Senatus if you will or the Duke of Venice at the best no more which if Sir Edward Dering may be credited as I think he may in this particular seems to have been the main design of some of the most popular and powerful Members then sitting with him for which I do refer the Reader to his book of Speeches Which dangerous consequents whether they were observed at first by these who first ventured on the expression or were improvidently looked over I can hardly say Certain I am it gave too manifest an advantage to the Antimonarchical party in this Kingdom and hardned them in their proceeding against their King whom they were taught to look on and esteem no otherwise than as a Joint-tenant of the Sovereignty with the Lords and Commons And if Kings have partners in the Sovereignty they are then no King such being the nature and Law of Monarchy that si divisionem capiat interitum capiat necesse est Laciant Institut Div. l. 1. c. if it be once divided and the authorities thereof imparted it is soon destroyed Such is the dangerous consequence of this new Expression that it seemeth utterly to deprive the Bishops and in them the Clergy of this Land of all future hopes of being restored again to their place in Parliament For being the Parliament can consist but of three Estates if the King fall so low as to pass for one either the Bishops or the Commons or the Temporal Lords must desert their claim the better to make way for this new pretension and in all probability the Commons being grown so potent and the Nobility so numerous and united in bloud and marriages will not quit their interesse and therefore the poor Clergy must be no Estate because less able as the World now goeth with them to maintain their Title I have often read that Constantine did use to call himself 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Bishop or superintendent of his Bishops Euseb de vita Constant and I have often heard our Lawyers say that the King is the general Ordinary of the Kingdom but never heard nor read till within these few years that ever any King did possess himself of the Bishops place or Vote in Parliament or sat there as the first of the three Estates as anciently the Bishops did to supply their absence By which device whether the Clergy or the King be the greater losers though it be partly seen already future times will shew This Rub removed we next proceed to the examination of that power which by our Author is conferred on the three Estates which we shall find on search and tryal to be very different according to the constitution of the Kingdom in which they are For where the Kings are absolute Monarchs as in England Scotland France and Spain Bod in de Repuô l. 1. c. the three Estates have properly and legally little more Authority than to advise their King as they see occasion to present unto his view their common grievances and to propose such remedies for redress thereof as to them seem meetest to canvass and review such erroneous judgments as formerly have passed in inferiour Courts and finally to consult about and prepare such Laws as are expedient for the publick In other Countreys where the Kings are more conditional and hold their Crowns by compact and agreement between them and their Subjects the reputation and authority of the three Estates is more high and eminent as in Polonia Denmark and some others of the Northern Kingdoms where the Estates lay claim to more than a directive power and think it not enough to advise their King unless they may dispose of the Kingdom also or at least make their King no better than a Royal Slave Thus and no otherwise it is with the German Emperors who are obnoxious to the Laws Thuan. hist sui temp l. 2. and for their Government accomptable to the Estates of the Empire insomuch that if the Princes of the Empire be persuaded in their consciences that he is likely by his mal-administration to destroy the Empire and that he will not hearken to advice and counsel ab Electorum Collegio Caesaria potestate privari potest Anonym Script ap Philip. Paraeum in Append ad Rom. 13. he may be deprived by the Electors and a more fit and able man elected to supply the place And to this purpose in a Constitution made by the Emperor Jodocus about the year 1410. there is a clause that if he or any of his Successors do any thing unto the contrary thereof the Electors and other States of the Empire sine rebellionis vel infidelitatis crimine libertatem babeant Goldast Constit Imperial Tom. 3. p. 424. should be at liberty
negandum as if it were not fit to deny them any thing Calvin in Jerem. c. 38. ver 5. Not so saith he it rather is amarulenta Regis querimonia a sad and bitter complaint of the poor captivated King against his Counsellors by whom he was so over-ruled ut velit nolit cedere iis cogitur that he was forced to yield to them whether he would or not which he expresly calls inexcusabilem arrogantiam an intolerable piece of sawciness in those Princes and an exclusion of the King from his legal Rights Let us next take a view of such Christian Kingdoms as are under the command of absolute Monarchs And first we will begin with the Realm of France the Government whereof is meerly Regal if not despotical such as that of a Master over his Servants which Aristotle defineth to be a Form of Government 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wherein the King may do whatsoever he list Aristot Politic. l. 3. according to the counsel of his own mind For in his Arbitrary Edicts which he sendeth abroad he never mentioneth the cosent of the People or the approbation of the Council or the advice of his Judges which might be thought to derogate too much from his absolute power but concludes all of them in this Regal Form Car tel est nostre plaisir for such is our pleasure And though the Court of Parliament in Paris do use to take upon them to peruse his Edicts View of France by Dallington before they pass abroad for Laws and sometime to demur on his Grants and Patents and to petition him to reverse the same as they see occasion yet their perusal is a matter but of meer formality and their demurs more dilatory than effectual It is the Car tel est nostre plaisir that concludes the business and the Kings pleasure is the Law which that Court is ruled by As for the Assemblie des Estats or Conventus Ordinum it was reputed anciently the Supream Court for Government and Justice of all the Kingdom and had the cognizance of the greatest and most weighty affairs of State But these meetings have been long since discontinued and almost forgotten there being no such Assembly from the time of King Charles the eighth to the beginning of the reign of King Charles the ninth Thuanus hist sui temp which was 70 years and not many since And to say truth they could be but of little use as the World now goeth were the meetings oftner For whereas there are three Principal if not sole occasions of calling this Assembly or Conventus Ordinum that is to say the disposing of the Regency during the nonage or sickness of the King the granting Aids and Subsidies and the redress of the grievances there is now another course taken to dispatch their business The Parliament of Paris which speaks most commonly as it is prompted by power and greatness appointeth the Regent Contin Thuani An. 1610. View of France the Kings themselves together with their Treasurers and Under-Officers determine of the Taxes and they that do complain of Grievances may either have recourse to the Courts of Justice or else petition to the King for redress thereof And for the making new Laws or repealing the old the naturalization of the Alien and the regulating of his Sales or Grants of the Crown-Lands the publick patrimony of the Kingdom which were wont to be the proper Subject and debates of these Grand Assemblies they also have been so disposed of that Conventus Ordinum is neither troubled with them nor called about them The Chamber of Accompts in Paris which hath some resemblance to our Court of Exchequer doth absolutely dispose of Naturalizations Andr. Du Chesn and superficially surveyeth the Kings Grants and Sales which they seldom cross The Kings Car tel est nostre plaisir is the Subjects Law and is as binding as any Act or Ordinance of the three Estates and for repealing of such Laws as upon long experience are conceived to be unprofitable the Kings sole Edict is as powerful as any Act of Parliament Of which Bodinus doth not only say in these general terms Bodin de Rep. lib. 1. cap. 8. Saepe vidimus sine Ordinum convocatione consensu leges à Principe abrogatas that many times these Kings did abrogate some ancient Laws without the calling and consent of the three Estates but saith that it was neither new nor strange that they should so do and gives us some particular instances not only of the later times but the former Ages Nay when the power of this Assemblie des Estats was most great and eminent neither so curtailed nor neglected as it hath been lately yet then they carried themselves with the greatest reverence and respect before their King that could be possibly imagined For in the Assembly held at Tours under Charles the 8. though the King was then no more than 14 years of age and the Authority of that Court so great and awful that it was never at so high an eminence for power and reputation quanta illis temporibus as it was at that time yet when they came before the King Monsieur de Rell being then Speaker for the Commons or the third Estate did in the name of all the rest and with as much humility and reverence as he could devise promise such duty and obedience such a conformity of his will and pleasure such readiness to supply his wants and such alacrity in hearking unto his Commandments that as Bodinus well observes his whole Oration was nothing else quam perpetua voluntatis omnium erga Regem testificatio but a constant testimony and expression of the good affections of the Subject to their Lord and Sovereign Id. ibid. But whatsoever power they had in former times is not now material King Lewis the thirteenth having on good reason of State discharged those Conventions for the time ensuing Instead whereof he instituted an Assembly of another temper and such as should be more obnoxious to his will and pleasure consisting of a certain number of persons out of each Estate but all of his own nomination and appointment which join'd with certain of his Council and principal Officers he caused to be called L' Assembly des Notables assigning to them all the power and privileges which the later Conventions of the three Estates did pretend unto right well assured that men so nominated and intrusted would never use their powers to his detriment and disturbance of his heirs successors But to proceed Bodinus having shewn what dutiful respects the Convention of Estates in France shewed unto their King adds this Note nec aliter Hispanorum conventus habentur that the Assembly of the three Estates in the Realms of Spain carry themselves with the like reverence and submission to their Lord the King Nay major etiam obedientia majus obsequium Regi exhibetur the King of Spain hath more obedience and observance
'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