together Ex hisce simul sanè ex primo secundo libro hoc satis puto constabit per Annos amplius M. M. M. M. tam sacrorum regimen qua forense esset atque à functione facrâ ritè distinctum quam profanorum five res spectes five personas juxta jus etiam divinum ex Ecclesiae Judaicae populorumque Dei anteriorum disciplinâ perpetuâ ad eosdem attinuisse judices seu Magistratus ejusdem Religionis atque ad synedria eadem neutiquam omnino ex juris istius instituto aliquo sacrorum prosanorum instar Ecclesiarum seu Spiritualium laicorum seu teorporalium Nominibus nullatenus discriminata Seld. de syn praefat libr. secundi And so it did till Pope Nicolas made the one independent upon the other So that their disunion is a Popish Innovation for till his time the Judges of Church and State ever sate together affairs Sacred and Religious were scan'd and determined in the morning and those that were Secular and Civil in the afternoon There was not till that time any clashing between Moses and Aaron no prohibitions out of one Court to stop or evacuate the proceedings of another and then it was that Justice run down like a stream and Righteousness like a mighty River If it be said that there are many corruptions among Church-men and especially in Ecclesiastical Courts The answer is That Callings must be distinguish'd from persons or else those two noble professions of Law and Physick will fall under the same condemnation with Divinity No man of any sobriety will condemn either of those professions because there are some Empericks in the World who kill mens Bodies and some Petifoggers that intangle and ruine their Estates And I hope Divines may have some grains of allowance granted them as well as the Inns of Court and Chancery and the College of Physicians if they cannot let that Calling which is most innocent cast the first stone It cannot be hoped that there will in this Age be a Revival of the primitive usage of these two Jurisdictions But yet this ought to be seriously regarded by all who have any belief of a Deity and regard for their native Country I mean that either our English Monarchs might be totally excused from their Coronation-Oath or not be put upon a necessity of violating thereof Their Oath in favour of the Clergy is that they will grant and keep the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward their Predecessor according to the Laws of God Rushw Hist Collect. part 1◠pag. 204. the true profession of the Gospel established in this Kingdom agreeable to the Prerogative of the Kings thereof and the Ancient customs of the Realm But how this Oath is observed when the Bishops are infringed in their ancient and indisputable priviledges let it be considered by all persons of sober mind and principles And let it be declared what order of men in the whole Nation the King can rely upon with so much safety and confidence as upon the Bishops and that not only upon the account of their Learning Wisdom Sanctity and Integrity qualifications not every day to be met withal in State-Politicians but upon the score of Gratitude and Interest For 't is from their Prince that they derive their Honours Dignities Titles Revenues Priviledges Power Jurisdictions with all other secular advantages and upon this account there is greater probability that they will be faithful to his Concerns and Interests than those who receive nothing from him but the common advantages of Government But this argument is known too well by our Anti-Episcopal Democraticks And perhaps 't is the chief if not the only reason of their enmity against an Order of men of so sacred and venerable an Institution As for this little Treatise the Author of it is too well known unto this Nation to invite any Scholar to peruse it It was written when the Bishops were Voted by the House of Lords not to be of the Committee in the Examination of the Earl of Strafford For then it was that Dr. Heylyn considered the case and put these few Sheets as a MSS. into the hands of several of the Bishops that they might be the better enabled to assert and vindicate their own Rights It was only intended for private use and therefore the Reader is not to expect so punctual an accuracy as he may find in other Treatises of this Learned Author It has been perused by some persons of good Eminency for judgment and station in the Church of England and by them approved and commended All that is wished by the Publisher is that it may produce the effects which he proposes to himself in exposing it to publick view and that those Lords who are now Prisoners in the Tower and from whose tryal some have laboured to exclude the Bishops were able to give unto the World as convincing Evidence of their Innocency as that great and generous States man did who fell a Sacrifice to a prevailing Faction and whose Innocent Blood was so far from being a lustration to the Court as some thought it would have proved as it drew after it such a deluge of Gore as for many preceding years had never been spilt in this Kingdom But 't is not my design or desire to revive any of the Injustice or Inhumanities of the last Age. Suffice it to say that it was for this Apostolical Government of Bishops that King Charles the First lost his Kingdoms his Crown his Life And the exclusion of Bishops from Voting in causes of blood was the prologue to all those Tragical mischiefs that happened to that Religion and Renowned Prince And those who have the least veneration for his present Majesty cannot certainly conceive him a King of such slender and weak abilities as to permit Himself and Family to be ruined by those very methods with which his Father was before him De jure Paritatis Episcoporum OR The Right of Peerage vindicated to the BISHOPS OF ENGLAND SINCE the restoring of the Bishops to their place and Vote in the House of Peers I find a difference to be raised between a Peer of the Realm and a Lord of the Parliament and then this Inference or Insinuation to be built upon it that though the Bishops are admitted to be Lords of Parliament yet they are not to be reckoned amongst the Peers of the Realm the contrary whereof I shall endeavour to make good in this following Essay and that not only from the Testimony of approved Writers but from unquestioned Records Book-Cases Acts of Parliament and such further Arguments as may be able to evince the point which we have in hand But first perhaps it may be said that there is no such difference in truth and verity betwixt a Lord of Parliament and a Peer of the Realm but that we may conclude the the Bishops to be Peers of the Realm if they be once admitted to
in their Convocations as well by the common assent as by subscriptions of their hands 5 6. Edw. 6. chap. 12. And for the time of Q. Elizabeth it is most manifest that they had no other body of Doctrine in the first part of her Reign then only the said Articles of K. Edward's Book and that which was delivered in the Book of Homilies of the said Kings time In which the Parliament had as little to do as you have seen they had in the Book of Articles But in the Convocation of the year 1562. being the fifth of the Q. Reign the Bishops and Clergy taking into consideration the said book of Articles and altering what they thought most fitting to make it more conducible to the use of the Church and the edification of the people presented it unto the Queen who caused it to be published with this Name and Title viz. Articles whereupon it was agreed by the Arch-Bishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London Anno 1562. for the avoiding of diversity of Opinions and for the establishing of Consent touching true Religion put forth by the Queens Authority Of any thing done or pretended to be done by the power of the Parliament either in the way of Approbation or of Confirmation not one word occurs either in any of the Printed Books or the Publick Registers At last indeed in the 13th of the said Queens Reign which was 8 years full after the passing of those Articles comes out a Statute for the Redressing of disorders in the Ministers of holy Church In which it was enacted That all such as were Ordained Priests or Ministers of God's Word and Sacraments after any other form then that appointed to be used in the Church of England all such as were to be Ordained or permitted to Preach or to be instituted into any Benefice with Cure of souls should publickly subscribe to the said Articles and testifie their assent unto them Which shews if you observe it well that though the Parliament did well allow of and approve the said Book of Articles yet the said Book owes neither confirmation nor authority to the Act of Parliament So that the wonder is the greater that that most insolent scoff which is put upon us by the Church of Rome in calling our Religion by the name Parliamentaria-Religio should pass so long without controle unless perhaps it was in reference to our Forms of Worship of which I am to speak in the next place But first we must make answer unto some Objections which are made against us both from Law and Practice For Practice first it is alledged by some out of Bishop Jewel in his Answer to the Cavil of Dr. Harding to be no strange matter to see Ecclesiastical Causes debated in Parliament and that it is apparent by the Laws of King Ina King Alfred King Edward c. That our Godly Fore-fathers the Princes and Peers of this Realm never vouchsafed to treat of matters touching the Common State before all Controversies of Religion and Causes Ecclesiastical had been concluded Def. of the Apol. part 6. chap. 2. sect 1. But the answer unto this is easie For first if our Religion may be called Parliamentarian because it hath received confirmation and debate in Parliament then the Religion of our Fore-fathers even Papistry it self concerning which so many Acts of Parliament were made in K. Hen. 8. and Q. Maries time must be called Parliamentarian also And secondly it is most certain that in the Parliaments or Common-Councils call them which you will both of King Inas time and the rest of the Saxon Kings which B. Jewel speaks of not only Bishops Abbots and the higher part of the Clergy but the whole Body of the Clergy generally had their Votes and Suffrages either in person or by proxie Concerning which take this for the leading Case That in the Parliament or Common-Council in K. Ethelberts time who first of all the Saxon Kings received the Gospel the Clergy were convened in as full a manner as the Lay-Subjects of that Prince Convocati Communi Concilio tam Cleri quam Populi saith Sir H. Spelman in his Collection of the Councils Anno 605. p. 118. And for the Parliament of King Ina which leads the way in Bishop Jewel it was saith the same Sr. H. Spelman p. 630. Communi Concilium Episcoporum Procerum Comitum nec non omnium Sapientum Seniorum Populorumque totius Regni Where doubtless Sapientes and Seniores and you know what Seniores signifieth in the Ecclesiastical notion must be some body else then those which after are expressed by the name of Populi which shews the falshood and absurdity of the collection made by Mr. Pryn in the Epistle to his Book against Dr. Cousins viz. That the Parliament as it is now constituted hath an ancient genuine just and lawful Prerogative to establish true Religion in our Church and to abolish and suppress all false new and counterfeit Doctrines whatsoever Unless he means upon the post fact after the Church hath done her part in determining what was true what false what new what ancient and finally what Doctrines might be counted counterfeit and what sincere And as for Law 't is true indeed that by the Statute 1 Eliz. cap. 1. The Court of Parliament hath power to determine and judge of Heresie which at first sight seems somewhat strange but on the second view you will easily find that this relates only to new and emergent Heresies not formerly declared for such in any of the first four General Councils nor in any other General Cuncil adjudging by express words of holy Scripture as also that in such new Heresies the following words restrain this power to the Assent of the Clergy in their Convocation as being best able to instruct the Parliament what they are to do and where they are to make use of the secular sword for cutting off a desperate Heretick from the Church of CHRIST or rather from the Body of all Christian people 5. Of the Reformation of the Church of England in the Forms of Worship and the Times appointed thereunto THIS Rub removed we now proceed unto a view of such Forms of Worships as have been setled in this Church since the first dawning of the day of Reformation in which our Parliaments have indeed done somewhat though it be not much The first point which was altered in the publick Liturgies was that the Creed the Pater-noster and the Ten Commandements were ordered to be said in the English Tongue to the intent the people might be perfect in them and learn them without book as our Phrase is The next the setting forth and using of the English Letany on such days and times in which it was accustomably to be read as a part of the Service But neither of these two was done by Parliament nay to say truth the Parliament did nothing in them All which was done in either of them
there being a specification of the Holy-days in the Book it self with this direction These to be observed for Holy-days and none other in which the Feasts of the Conversion of St. Paul and the Apostle Barnabas are omitted plainly and upon which specification the Stat. 5 6. Ed. 6. cap. 3. which concerns the Holy-days seems most expresly to be built And for the Offices on those days in the Common-prayer Book you may please to know that every Holy-day consisteth of two special parts that is to say rest or cessation from bodily labour and celebration of Divine or Religious duties and that the days before remembred are so far kept holy as to have still their proper and peculiar Offices which is observed in all the Cathedrals of this Kingdom and the Chappels Royal where the Service is read every day and in most Parish Churches also as oft as either of them falls upon a Sunday though the people be not in those days injoined to rest from bodily labour no more than on the Coronation-day or the Fifth of November which yet are reckoned by the people for a kind of Holy-days Put all which hath been said together and the sum is this That the proceedings of this Church in the Reformation were not meerly Regal as it is objected by some Puritans much less that they were Parliamentarian in so great a work as the Papists falsly charge upon us the Parliaments for the most part doing little in it but that they were directed in a justifiable way the work being done Synodically by the Clergy only according to the usage of the Primitive times the King concurring with them and corroborating what they had resolved on either by his own single Act in his letters Patent Proclamations and Injunctions or by some publick Act of State as in times and by Acts of Parliament 6. Of the power of making Canons for the well ordering of the Clergy and the directing of the People in the publick Duties of Religion WE are now come to the last part of this design unto the power of making Canons in which the Parliament of England have had less to do than in either of the other which are gone before Concerning which I must desire you to remember that the Clergy who had power before to make such Canons and Constitutions in their Convocation as to them seemed meet promised the King in verbo Sacerdotij not to Enact or Execute and new Canons but by his Majesties Royal Assent and by his Authority first obtained in that behalf which is thus briefly touched upon in the Ant. Brit. in the life of William Warham Arch Bishop of Canterbury Clerus in verbe Sacerdotij sidem Regi dedit ne ullas deinceps in Synodo ferrent Ecclesiasticas leges nisi Synodus authoritate Regia congregata constitutiones in Synodis publicatae eadem authoritate ratae essent Upon which ground I doubt not but I might securely raise this proposition That whatsoever the Clergy did or might do lawfully before the act of Submission in their Convocation of their own power without the Kings Authority and consent concurring the same they can and may do still since the act of their Submission the Kings Authority and consent co-operating with them in their Councils and giving confirmation to their Constitutions as was said before Further it doth appear by the asoresaid Act 25 H. 8. c. 19. That all such Canons Constitutions Ordinances and Synodals Provincial as were made before the said Submission which be not contrary or repugnant to the Laws Statutes and Customs of this Realm nor to the damage or hurt of the Kings Prerogative Royal were to be used and executed as in former times And by the Statute 26 H. 8. c. 1. of the Kings Supremacy that according to the Recognition made in Convocation our said Soveraign Lord his Heirs and Successors Kings of this Realm shall have full power and authority from time to time to visit repress reform order correct c. all such Errours Heresies Abuses Offences Contempts and Enormities whatsoever they be .c as may be most to the pleasure of Almighty God the increase of virtue in Christs Religion and for the peace unity and tranquillity of this Realm and the confirmation of the same So that you see these several ways of ordering matters for the publick weal and governance of the Church First by such ancient Canons and Constitutions as being made in former times are still in force Secondly by such new Canons as are or shall be made in Convocation with and by the Kings consent And thirdly By the Authority of the Sovereign Prince according to the Precedents laid down in the Book of God and the best ages of the Church concerning which you must remember what was said before viz. That the Statutes which concern the Kings Supremacy are Declaratory of an old power only not Introductory of a new which said we shall the better see whether the Parliament have had any thing to do either in making Canons or prescribing Orders for the regulating of Spiritual and Ecclesiastical matters and unto whom the same doth of right belong according to the Laws of the Realm of England And first King Henry being restored to his Headship of Supremacy call it which you will did not conceive himself so absolute in it though at the first much enamoured of it as not sometimes to take his Convocation with him but at all times to be advised by his Prelates when he had any thing to do that concerned the Church for which there had been no provision made by the ancient Canons grounding most times his Edicts and Injunctions Royal upon their advice and resolution For on this ground I mean the judgement and conclusions of his Convocation did he set out the Injunctions of the year 1536. for the abolishing of superstitious Holy-days the exterminating of the Popes Authority the publishing of the Book of Articles which before we spake of num 8. by all Parsons Vicars and Curates for preaching down the use of Images Reliques Pilgrimages and superstitious Miracles for rehearsing openly in the Church in the English tongue the Creed the Pater noster and the Ten Commandments for the due and reverend ministring of the Sacraments and Sacramentals for providing English Bibles to be set in every Church for the use of the people for the regular and sober life of Clergy-men and the relief of the poor And on the other side the King proceeded sometimes only by the advice of his Prelates as in the injunctions of the year 1538. for quarterly Sermons in each Parish for admitting none to Preach but men sufficiently Licenced for keeping a Register-book of Christnings Weddings and Burials for the due paying of Tythes as had been accustomed for the abolishing of the commemoration of St. Thomas Becket for singing a Parce nobis Domine instead of Ora pro nobis and the like to these And of this sort were the Injunctions which
leave the seventh year free and the exaction of every debt Where still observe that they had no less care of the annual Sabbaths yea of the Sabbaths of years than of the weekly and Marketting not more restrained on the weekly Sabbaths than on the Annual A Covenant not so well performed as it was agreed For Nehemiah who was principal on the Peoples part being gone for Babylon at his return found all things contrary to what he looked for I saw saith he Chap. 13.15 in Judah them that trode Wine presses on the Sabbath and that brought in Sheafs and which laded Asses also with Wine Grapes and Figgs and brought them into Hierusalem on the Sabbath day and others men of Tyrus that brought Fish and all manner of Ware Verse 16. and sold it on the Sabbath unto the Children of Judah a most strange disorder So general was the crime become that the chief Rulers of the People were most guilty of it So that to rectifie this misrule Nehemiah was not only forced to shut up the Gates upon the Even before the Sabbath yea and to keep them shut all the Sabbath day whereby the Merchants were compelled to rest with their Commodities without the Walls but to use threatning words unto them that if from that time forwards they came with Merchandize on the Sabbath he would forbear no longer but lay hands upon them A course not more severe than necessary as the case then stood Nor had those mischiefs been redressed being now countenanced by custom and some chief men among the People had they not met a man both resolved and constant one that both knew his work and had a will to see it finished This reformation of the Sabbath or rather of those foul abuses which had of late defiled it and even made it despicable is placed by Torniellus An. 3629. which was above an hundred years after the restitution of this people to their Native Countrey So difficult a thing it is to overcome an evil custom Things ordered thus and all those publick scandals being thus removed there followed a more strict observance of the Sabbath day than ever had been kept before The rather since about these times began the reading of the Law in the Congregation Not every seventh year only and on the Feast of Tabernacles as before it was or should have been at the least by the Law of Moses but every sabbath day and each solemn meeting not only in the Temple of Hierusalem as it is used to be but in the Towns and principal places of each several Tribe Ezra first set this course on foot a Priest by calling one very skilful in the Laws of Moses who having taken great pains to seek out the Law and other Oracles of God digested and disposed them into that form and method in which we have them at this present Of this see Iren. l. 3.25 Tertullian de habitu mulierum Clem. Alexandr l. 1. Strom. Chrysost hom 8. ad Hebraeos and divers others This done and all the people met together at the Feast of Tabernacles Anno 3610 Nehem. 8.4 which was some ninty years after the return from Babylon as before was said he took that opportunity to make known the Law unto the people For this cause he provided a Pulpit of Wood that so he might be heard the better and round about him stood the Priests Verse 4.7 Verse 8. Verse 18. and Levites learned men of purpose to expound the Text and to give the sense thereof that so the people might the better understand the reading And this they did eight days together from the first day until the last when the Feast was ended Now in this Act of Ezra's there was nothing common nothing according to the custom of the former times neither in time or place or any other circumstance For the time although it was the Feast of Tabernacles yet was it not the seventh year as Moses ordered it that year which was the first of Nehemiahs coming unto Hierusalem Neh. 8.1 3. not being the sabbatical year but the third year after as Torniellus doth compute it Then for the place it should have been performed in the Temple only as both by Moses Ordinance and Josiahs practice doth at large appear but now they did it in the street before the Water-gates as the Text informs us So for manner of the Reading it was not only published as it had been formerly but expounded also An. 3610. n. 9. Whereof as of a thing never known before this reason is laid down by Torniellus quod lingua Hebraica desierat jam vulgaris esse Chaldaico seu Syriaco idiomate in ejus locum surrogato because the Hebrew tongue wherein the Scriptures were first written was now grown strange unto the people the Chaldee or the Syriack being generally received in the place thereof And last of all for the continuance of this Exercise it held out eight days all the whole time the Feast continued whereas it was appointed by the Law of Moses that only the first and last days of the Feast of Tabernacles should be esteemed and solemnized as holy convocations to the Lord their God Levit. 23.35 36. Here was a total alteration of the ancient custom and a fair overture to the Priests who were then Rulers of the people to begin a new a fair instruction to them all that reading of the Law of God was not confined to place or time but that all times and places were alike to his holy Word Every seventh day as fit for so good a Duty as every seventh year was accounted in the former times the Villages and Towns as capable of the Word of God as was the great and glorious Temple of Hierusalem and what prerogative had the Feast of Tabernacles but that the Word of God might be as necessary to be heard on the other Festivals as it was on that The Law had first been given them on a Sabbath day and therefore might be read unto them every Sabbath day This might be pleaded in behalf of this alteration and that great change which followed after in the weekly Sabbaths whereon the Law of God was not only read unto the people such of them as inhabited over all Judaea but publickly made known unto them in all the Provinces and Towns abroad where they had either Synagogues or habitations God certainly had so disposed it in his heavenly Counsels that so his holy Word might be more generally known throughout the World and a more easie way layed open for the admittance and receipt of the Messiah whom he meant to send that so Hierusalem and the Temple might by degrees be lesned in their reputation and men might know that neither of them was the only place John 4.20 where they ought to worship This I am sure of that by this breaking of the custom although an institute of Moses the Law was read more frequently than in times of old there being
Parliament in their own personal capacities and not as the representative body of the Clergy yet the poor Clergy found it some respect unto them to be thus honoured in their Heads and were the more obliged to obey such Acts as were established in that Court wherein these heads ha dopportunity of interceding if perhaps any thing were propounded which might be grievous to the Clergy and many times a power of hindring and divertring if not by Voice and Numbers yet by strength of reasons They were not altogether Slaves and Bond-men whilest the Church held that remnant of her ancient Rights for whilest the Heads retained that Honour the body could not chuse but rejoyce in it and be cherished by it But since they have been stripped of that by what unworthy Arts the World knows too well they are become of such condition that the most despicable Tradesman in a Corporate Town is more considerable in the eye of the State and hath a greater interesse in the affairs thereof than the greatest Prelate and to say truth than all the Clergy of the Realm For being there are three Ingredients which make up a Freeman as Sir Francis Bacon well observed in his speech concerning the Post-nati that is to say 1. jus Civitatis which did inable a man to buy and sell and to take Inheritances 2. jus suffragii a Voice in the passing of Laws and Election of Officers and 3. jus honoris a capability of such Offices and Honours as the State could give him the Clergy by this means are limited to the first right only and utterly excluded from the other two and thereby put into a worse condition than the meanest Freeman in the Kingdom Insomuch that whereas every needy Artizan if he be free of any Corporate Town or City every Cottager that dwelleth in an ancient Burrough and every Clown which can lay claim to forty shillings per Annum of Freehold either for life or of Inheritance hath a Voice in Parliament either in person or by Proxy and is not bound by any Law but what himself consents to in his Representatives the Clergy only of this Realm as the case now stands being out of the greatest States of this Kingdom as is acknowledged expresly in terminis by Act of Parliament 8 Eliz. c. 1. are neither capable of place there in their personal capacities nor suffered to be there in their Procurators as of old they were nor have so much as any Voice in chusing of the Knights and Burgesses which represent the body of the people generally I know it hath been said in reply to this that the Clergy may give Voices at the Election of the Knights and Burgesses and that it is their own neglect if they do it not But I know too that this is only yielded unto such of the Clergy as are possessed of Lands and Houses in those several places where such Elections are to be made and not then neither in most places except it be to make a party for particular ends especially where some good man or the main cause it self it concerned therein which as it totally excludeth the greatest part of the Clergy from having any Voice at all in these Elections the greatest part of the Clergy the more the pity having neither Lands nor Houses to such a value in fee simple so it gives no more power unto those that have than what of necessity must serve I am sure occasionally it may to their own undoing For to say truth those that give out that the Clergy may give Voice at such Elections use it but as a shift for the present turn intending nothing less indeed as hath oft been seen than that the Clergy should be capable of so great a trust The reason is because there is not any Freeman of a City or a Corporate Town who hath a Voice in the Election of a Citizen to serve in Parliament nor almost any Cottager or Free-holder who hath a Voice in the Election either of a Knight or Burgess but is directly eligible to the place himself Of Citizens and Burgesses Elected from the very meanest of the people we have many instances and shall have more according as they find their strength and have received a taste of the sweets of Government And for the chusing of the Knights of the several Shires it is determined by the Statutes that as 40 s. Land of Free-hold per Annum 8 Hen. 6. c. 7. is enough to qualifie a Clown for giving a Voice at the Election so the same Clown if he have 20 l. Land per Annum is capable of being chosen for a Knight of the Shire as appears plainly and expresly by the Statute Law For though the Writ directed to the several and respective Sheriffs prescribe a choice of dues milites gladio cinctos yet we know well that by the Statute of King Henry 6. which is explanatory in this case of the Common Law such notable Esquires or Gentlemen 23 Hen. 6.15 born of the same Counties as shall be able to the Knights are made as capable as a dubbed Knight to attend that service and he that hath no more than 20 l. per Annum either in Capite or Socage is not only able by the Law to be made a Knight 1 Ed. 2. c. 1. but was compelled thereunto even by the Statute-Law it self until the Law was lately altered in that point 17 Carol. c. 1. And on the other side it is clera enough for there have been of late some experiments of it that though a Clergy-man be born an Esquire or Gentleman for they are not all born ex fece Plebis as the late Lord Brook forgetting his own poor Extraction hath been pleased to say and though he be possessed of a fair Estate descended to him from his Ancestors L. Brook against Episcopacy or otherwise possessed of some Lands or Houses in Town Burrough or City whereby he stands as eligible in the eye of the Law as any Lady-Gentleman of them all yet either he is held uncapable and so pretermitted or if returned rejected at the House it self to his soul reproach It is a Fundamental constitution of the Realm of England that every Freeman hath a Voice in the Legislative power of Parliament And so acknowledged in a Writ of Summons of K. Edw. 1. and it is a Rule in Politicks quod omnes tangit ab omnibus tractari debet Which being now denied to the English Clergy reduceth them to that condition which St. Paul complains of and makes them no otherwise accounted of by the common people than as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the filth and off-scouring of the world to this very day This tempts me to a brief dicussion of a Question exceeding weighty in it self but not so much as thought of in this great Disfranchisement the slavery obtruded lately on the English Clergy that is to say whether that any two of the three Estates conspiring or agreeing
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
themselves Against this History Dr. Hackwel appeared in Print of which the King hearing sent for Mr. Heylyn commanding him to consider the Arguments of his Antagonist and withal sent him to Windsor to search the Records of the Order This occasioned a second Edition of the History wherein were answered all Dr. Hackwels Arguments and Allegations to which there was never made a reply but on the contrary in his Book about the supposed Decay of Nature a Retractation of the passages relating to S. George About this time he had a presentation given him by one Mr. Bridges to the Parsonage of Meysie-Hampton in the Diocess of Glocester unto the Bishop whereof he made his Application but found him already preingaged to further the pretended Title of Corpus Christi Coll. in Oxon. However his Lordship promised not to give Institution to any person till the title was cleared and therefore advised Mr. Heylyn to leave his presentation with him and to enter a Caveat in his Court But he who was false to God and his Mother-church could never be faithful to the engagements which he made to Man The one he deserted by turning Papist being the only Bishop of the English Hierarchy that renounced a persecuted Church to embrace the Idolatries and Errors of the Roman Communion And the other he violated by giving one Mr. Jackson who came from C.C.C. Institution so soon as ever he requested it which occasioned a tedious suit at Law after Neither was this the only disappointment he met with in the way of his Preferment For not long after Preaching at Court in his second Attendance his Majesty express'd a very high opinion of him to many noble Lords about him and in a few months after gave him a Presentation to the Rectory of Hemingford in the County of Huntingdon But this also missed of the desired effect which his Majesties bounty designed and Mr. Heylyns necessity after a long suit of Law for the other Living required For the Bishop of Lincoln unto whom he made Application with his Presentation would not allow the King to have any title to the Living so he was constrained to return back to London re infecta The Bishop was much offended that a young Divine should have so great knowledge in Law which was the beginning of all the following Differences between them for Mr. Heylyn made good the Kings Right upon the passages of the conveyances of the other party His Majesty presently understood the entertainment he met with at Bugden and sent him this gracious Message That he was sorry he had put him to so much charge and trouble but it should not be long before he would be out of his debt And he soon performed his Royal promise for within a week after he bestowed upon him a Prebendship of Westminster void by the death of Mr. Danel to the extream vexation of his Lordship who was then Dean of the same Church And that which added to the honour of this preferment was not only his being initiated the very same day into the acquaintance and friendship with the Attorney-General Mr. Noye but the gracious Message that came along with the Royal gift viz. That he bestowed that Prebendship on him to bear the charges of his last Journey but still he was in debt for the Living Being possessed of this Preferment the first honourable Visit that he received in his new Habitation was from the Learned Lord Falkland who brought along with him one Capt. Nelson that pretended to find out a way for the discovery of the Longitude of the Sea the Captain had imparted his design to many learned Mathematicians who by no means could approve of or subscribe to his demonstrations But the King refer'd him to Mr. Heylyn who told that noble Lord That his Majesty was mistaken in him his skill and knowledge lying more in the Historical than the Philosophical part of Geography yet notwithstanding he gave a full account thereof in writing according to the best of his judgment which is too long to set down here His mind being intent rather upon useful than notional Learning therefore about this time he began with great diligence to read over the Statute Laws of the Nation and to compare them with the time and circumstances that occurr'd in story which he carefully perused the better to inable himself for his Majesties Service who then had the Small-pox appearing on him but he soon recovered from that distemper Mr. Heylyn to testifie his joy turn'd Poet making a Copy of English Verses which one of his Friends presented to the King and they were so well lik'd that both their Majesties gave him the honour of their thanks But his Majesty found employment rather for the judgment than fancy of the Chaplain and therefore upon Jan. 27. 1632. sent for him to the Council Table where he received his Royal commands to read over that Book of Mr. Pryns called Histriomastix and to collect thence all such passages as were scandalous or dangerous to the King or State and to reduce them into method The Book was delivered to him and a fortnights time assigned him to perform that Task imposed But he had learned from the wisest of men that diligence in business and a quick dispatch of it would qualifie him for the service of Kings and not mean Persons And therefore he finished what was expected from him and carried it to the Secretary of State in less than four days for which he had his Majesties thanks as also new commands to revise his Papers and to write down such Logical Inferences as might naturally arise from the premises of Mr. Pryn About this time and upon this occasion he wrote a small Tract touching the punishments due by Law and in point of practice unto such offenders as Mr. Pryn. And this was observable in the tryal of that Person that nothing was urged by the Council to aggravate his faults than what was contained in Mr. Heylyns Collections For the reward of which and other good services that with wonderful prudence as well as diligence he faithfully performed His Majesty was graciously pleased to requite him by bestowing on him the Parsonage of Houghton in the Bishoprick of Durham worth near 400 l. per annum which afterward he exchanged with Dr. Marshal for the Parsonage of Alresford in Hampshire that was about the same value to which exchange he was commanded by his Majesty that he might live nearer the Court for readiness to do his Majesties Service Neither was he envied for this or his other Preferments because every one knew his merits the only cause of his promotion Into this Living he was no sooner Instituted and Inducted but he took care for the Service of God to be constantly performed by reading the Common Prayers in his Church every Morning that gave great satisfaction to the Parish being a populous Market Town and for the Communion Table where the blessed Sacrament is Consecrated he ordered that it should
themselves from the Jewish Synagogue exposed to all the disadvantages of scorn and danger both by Jews and Gentiles For as concerning this Sect we know that every where it is spoken against so said the Jews to Paul at his coming to Rome Acts 28. â—2 Tacitus in Annal lib. XV. Homines per flagitia invisi as much about the same time the same Tacitus calls them and therefore odio humani generis convicti obnoxious to the common hatred of all men as it after followeth Persecuted upon this account by the Roman Emperors reviled by the malicious Pens of Celsus Prophyry Lucian Julian and the rest of that Rabble Thus also hath it happened to the Church of England No sooner had King Harry freed her from the Bondage of Rome but the proud Pharaohs of that City pursued him presently with their fulminations endeavouring to raise up all the Princes of the Earth against him nor had she sooner purged her self of those superstitions and corruptions which had been put upon her in the time of that Bondage but many hundreds of her children were forcibly driven through the Red Sea a Sea of their own blood to the Heavenly Canaan Persecuted after this in forein parts by the Inquisition at home by the malitious pens and practices of that dangerous Enemy And as if this had not been enough for her affliction her Bowels must be torn out by those very children which she had nourished in the faith though afterwards they scorned to own her for their Mother The first thing quarrelled on both sides is the Way and manner of her Reformation which is affirmed by those of Rome to have too little of the Pope and too much of the Parliament by those of the Genevian party to have too little of the People and too much of the Prince The Genevians or Presbyterians find themselves agrieved that in the agitating of this great Business there was no such consideration had of the common People as in other places their Lay-Elders being allowed no Vote either in the Consistory or the Convocation and consequently no care taken of the Peoples Interess which in a matter which so nearly concerned their souls was as great as any applauding for this cause the riotous proceedings in some other Countreys where the People threw down Altars defaced Images and in a pious zeal no doubt demolisht Churches laying thereby the ground-work of a more thorow Reformation than was made with us The Romanists do complain as loudly that this great Work was wholly carried on by the power of Parliaments And hereupon it is affirmed by D. Harding the first that took up Arms against this Church in Queen Elizabeths time that we had a Parliament-Religion a Parliament-Faith and a Parliament-Gospel as by Scultingius and some others that we had none but Parliament-Bishops and a Parliament-Clergy Two Clamors so repugnant unto one another that if the one of them be true the other cannot chuse but be very false And thus again the Papists generally object that in that great work of the Reformation there was no care taken of the Pope neither consulted with as the Patriarch of the Western Churches or as the Apostle at the least of the English Nation the Pope thereby unworthily deprived of that Supremacy which of antient Right belong'd unto him to the subverting of the Fundamentals of the Christian Faith Primo praecipuo Romanensium fidei articulo de Pontificis primatu immutato Hist Concil Trident. lib. 1. as my Author hath it Calvin and his Disciples on the other side are as much offended with setling the Supremacy upon the King the Master grievously complaining of it in his Comment on the 7th of Amos Calvin in Amos cap. 7. his Scholars doing the like in their several Pamphlets And though it be affirmed by Bracton one of our ancient Common Lawyers if my memory fail not that Kings are therefore anointed with holy Oyl Eo quod spiritualis jurisdictionis sunt capaces because they are capable of exercising Ecclesiastical or Spiritual Jurisdiction yet Calvin will have none of that condemning those for rash and inconsiderate Persons Qui faciunt eos nimis Spirituales who ascribe to them any such Authority in Spiritual matters His Followers will take after him in this particular none more professedly and at large than Caldwood or Didoclavius as he calls himself and his Associates in the Altare Damascenum To satisfie the Clamors of these opposite parties and to appease some Scruples raised thereby in Mr. G. A. of W a modest and ingenuous Gentleman my especial friend I set my self in the first place to justifie the Church of England as to the Way and Manner of her Reformation so loudly and so falsly clamoured on so little ground And by this Tract it will be proved that nothing was done here in the Reformation but what was acted by the Clergy in their Convocations or grounded on some Act of theirs precedent to it with the Advice Counsel and Consent of the Bishops and other learned men assembled by the Kings appointment and secondly that the Parliaments did nothing in it but that sometimes upon the Post-fact it was thought fit to add some strength to the Decrees and Determinations of the Church especially in inflicting punishments on the Disobedient by the Civil Sanctions And for the proof of this I have used none but Domestick Evidences that is to say the Edicts of the King the Records of Convocation and the Acts of Parliaments themselves the best assurances that can be devised in Law to convey the Truth unto us in all these particulars In the next place I have endeavoured to give satisfaction unto all those Doubts which do relate unto the King the Pope or the Churches Protestant the riotous actings of the Common People being no good ground to build a Right on either too little or too much look'd after as it is pretended in that weighty business Whose pretensions being well examined by the Testimony of the Fathers Councils and other Ecclesiastical Antiquities I hope it will appear as clearly that there was no wrong done either to the Pope or the Forein Churches in being excluded from our Councils in so great a work and that our Kings have exercised no other power in sacred matters than what is warranted unto them by the word of God and precedented with the best examples of the most godly Kings of Judah and the most pious Kings and Emperors in the happiest times Nothing in all the Managery of the Reformation but what is justifiable by the practice of the former Ages and may be drawn into Example for the Instruction and Direction of the present Powers in all occasions of like natue The next thing faulted on both sides is the publick Liturgy condemned by those of Rome first for abolishing the Mass and then for being published and communicated in the vulgar Tongue by those of the Genevian party for having too much in it of the Roman
the Jews or Christians Considering therefore they appeal'd to the ancient practice of the Jews and Christians I was resolved that to the ancient practice they should go for their justification and to that end drew down the Pedigree and Descent of Liturgies among the Jews from the time of Moses unto CHRIST carrying it on thorow the constant practice of the Greeks and Romans and finally thorow the whole state of the Christian Church from the time of CHRIST our Saviour till the death of Saint Augustin when Liturgies and Set Forms of Prayer were universally received in all parts of Christendom But hardly had I finished my Undertaking Plutarch in Mario when the War broke out and I knew well as Marius was once heard to say in another case That the voice of the Laws could not be heard for the noise of Weapons the Dispute being then like to be determin'd by stronger Arguments than could be urged on either side by pen and paper On which consideration the Work lay by me as it was till the Ordinance of the third of January 1644. did seem to put an end to the Disputation by abolishing the Book of Common Prayer and authorizing the Directory or New Form of Worship to be observed in the three Kingdoms But finding in that Directory that all set times of Publick Worship were reduced to One that one supposed to be commanded in the Scripture and that the Festival days vulgarly called Holy-days Direct pag. ult having no warrant in the Word of God were not to be continued longer I took that hint or opportunity to enlarge my self in laying down the ancient practice both of Jews and Christians in appointing Holy-days and recommending them to the pious practice of all men which did desire to live conformably to establisht Laws And finding afterwards that notwithstanding the Care taken by that Directory That Places of publick assembling for worship among us should be continued and employed to their former use Ibid. some Men began to threaten them with a speedy destruction and breathed out nothing but Down with them Down with them even unto the ground reproaching them in the mean time with the name of Steeple-houses I interserted also in convenient places the pious care of the Jewish Nation in erecting Synagogues and Oratories for Gods publick Worship and of the Primitive Christians not to say any thing of the like care in the ancient Gentiles in building consecrating and adorning Churches for the like employments And this I did to let the Reader understand that the accustomed times and places which were designed and set apart for Gods publick service had more authority to rest on than those Men gave out the Liturgy it self being apt enough to be beaten down without any such Ordinance if once those times and places should be discontinued By these degrees and on these several occasions the whole Work came to that perfection in which it is now presented to thee not to be now presented to thee neither if the necessity of doing my Duty unto God and the Church and offering something unto the consideration of the Higher Powers had not prevailed with me above all respects of my private interest Liturgies and Set Forms of Worship being thus asserted my next care was to vindicate the Church in that Form of Prayer which is prescribed to be used by Preachers before their Sermons Can. 55. For certainly the Church had not sufficiently provided for the Common peace if she had tied her Ministers to Set Forms in the Daily Office and left them to their own liberty in conceiving Prayers to be used by them in the Pulpit before their Sermons The inconvenience which that liberty hath brought upon us in these latter days being so apparent that it is very hard to say whether the Liberty of Prophesying or the Licenciousness in Praying what and how we list hath more conduced to these distractions which are now amongst us And if there were no such effect too visible of this licentiousness which I desire the present State to take notice of the scandal which is thereby given unto our Religion in speaking so irreverently with such vain repetitions and tautologies to Almighty God as in extemporary and unpremeditated Prayers is too frequently done seems a sufficient consideration to bring us back again to that ancient Form which the wisdom of the Church prescribed to prevent the Mischief Such was the care and providence of the elder times and happiest ages of the Church as to ordain that no unlearned person should make use of any of those Prayers which himself had framed nisi prius eas cum instructioribus fratribus contulerit Concil Carthag Can. 23. before he had conferred about them with more learned men The reason of which is thus given in the Council of Milevis Can. 12. Ne forte aliquid contra fidem vel per ignorantiam vel per minus studium sit compositum for fear lest any thing should escape them against faith and piety either through the ignorance of the Composer or carelesness in the Composition And if such care were taken of Mens private Prayers no question but a greater care is to be observed in ordering those publick Prayers which are to be offered unto God in the Congregation Never did Men so literally offer unto God the Calves of their lips as they have done of late since the extemporary way of Praying hath been taken up And if it were prohibited by the Law of Moses to offer any thing unto God in the way of the legal Sacrifices which was maim'd spotted or imperfect how can it rationally be conceived that God should be delighted with those Oblations or Spiritual Sacrifices which have nothing almost in them but maims spots and blemishes In which respect I have subjoyned to the Tract of Liturgies a brief Discourse about restraining Preachers to that Form of Prayer which is prescribed them by the Church and that not only in the Canon of 603. but in the Injunction of King Harry the 8th King Edward the 6th and Queen Elizabeth of famous memories till the predominating Humour of drawing all Gods publick Worship to the Pulpit-prayer carried all before it But here it is to be observed that one of the chief reasons for abolishing the publick Liturgy was that the Ministers might put forth themselves to exercise the Gift of Prayer with which our Lord Jesus Christ pleaseth to furnish all his servants whom he calls to that Office Pref. to the Direct p. 2 3. and that nothing was less effected than the end intended For first the Directory which prescribes not alone the Heads but the sense and scope which is the whole matter of the Prayers and other parts of publick Worship Ibid. p. 4. doth in effect leave nothing to the Ministers spirit but the wording of it which if it be not a restraining of the Gift of Prayer I am much to seek the Spirit being as much restrained and
concorditer ordinari but also to consent both in their own names and in the names of those who sent them unto all such things as by mature deliberation and consent should be there ordained Which Mandate being received by the B. of London the several Bishops cited accordingly and intimation given by those Bishops unto their Arch Deacons for summoning the Clergy to make choice of their Procurators as also the Chapters or capitular Bodies to do the like The next work is to proceed to the choice of those Procurators Which choice being made the said Chapters under their common seals and the said Clergy in a publick Writing subscribed by them do bind themselves sub Hypotheca omnium bonorum suorum under the pawn and forfeiture of al their goods moveable and immoveable I speak the very words of these publick Instruments se ratum gratum acceptum habere quicquid dicti Procuratores sui nomine vice suis fecerint c. To stand to and perform whatsoever their said Procurators in their name and stead shall do determine and consent to The like is also done in the Province of York but that the Arch-bishop thereof sends out the Summons in his own name to the Suffragan Bishops the Province being small and the Suffragans not above three in number Finally as the Convocations of the Clergy in their several Provinces were called by the Arch-bishops only the Kings Writ thereunto requiring and authorizing so by the same powers were they also dissolved again when they had done the business they were called about or did desire to be dismissed to their own affairs At which time by special Writ or Mandates to the said Arch-bishops expressing the calling and assembling of the Convocation by vertue of the former Precept it is declared That on certain urgent causes and considerations moving his Majesty thereunto he thought fit with the advice of his Privy Councel that the same should be again dissolved Et ideo vobis mandamus quod eandem praesentem Convocationem hac instanti die debito modo sine ulla dilatione dissolvatis sive dissolvi faciatis prout convenit and therefore did command them to dissolve it or cause the same to be dissolved in the accustomed manner without delay Which Writ received and not before the Convocation was dissolved accordingly and so it holds in Law and practcie to this very day I have the longer staid on these publick Forms partly because not obvious unto every eye but especially to let you see by what Authority the Clergy are to be assembled in their Convocations and what it is which makes their Canons and Conclusions binding unto all those which send them thither or intrust them there Their calling by the Kings Authority makes their meeting lawful which else were liable to exceptions and disputes in Law and possibly might render them obnoxious to some grievous penalties and so would their continuance too after the Writ was issed for their Dissolution As on the contrary their breaking or dissolving of their own accord would make them guilty of contempt and consequently subject to the Kings displeasure for being called by the Kings Writ they are to continue till dissolved by the Kings Writ also notwithstanding the dissolving of the Parliament with which sometimes it might be summoned And so it was resolved in terminis by the chief Judges of the Realm and others of his Majesties Counsel Learned May 10. anno 1640. at such time as the Convocations did continue sitting the Parliament being most unhappily dissolved on the Tuesday before subscribed by Finch Lord Keeper of the Great Seal Manchester then Lord Privy Seal Littleton chief Justice of the Common Pleas Banks Atturney General Whitfield and Heath his Majesties Sergeants Authority enough for the poor Clergy to proceed on though much condemned and maligned for obedience to it Now as they have the Kings Authority not only for their Meeting but continuance also so also have they all the power of the whole National Clergy of England to make good whatsoever they conclude upon The Arch-Bishops Deans Arch-Deacons acting in their own capacities the Procurators in the name and by the power committed to them both by he Chapters or capitular Bodies and the Diocesan Clergy of both Provinces And this they did by virtue of that power and trust alone without any ratification or confirmation from King or Parliament until the 25th year of King Henry the VIII At which time they bound themselves by a Synodical Act whereof more hereafter not to enact promulge or execute any Canons Constitutions or Ordinances Provincial in their Convocations for time coming unless the Kings Highness by his Royal Assent command them to make promulge and execute the same accordingly Before this time they acted absolutely in their Convocations of their own Authority the Kings Assent neither concurring nor required and by this sole Authority which they had in themselves they did not only make Canons declare Heresie convict and censure persons suspected of Heresie in which the subjects of all sorts whose Votes were tacitely included in the suffrages of their Pastors and spiritual Fathers were concerned alike But also to conclude the Clergy whom they represented in the point of Property imposing on them what they pleased and levying it by Canons of their own enacting And they enjoyed this power to the very day in which they tendred the submission which before we spake of For by this self-authority if I may so call it they imposed and levied that great Subsidy of 120000 l. an infinite sum as the Standard of the times then was granted unto K. Henry VIII anno 1530. to free them from the fear and danger of the Praemuniri By this the Benefit of the Chapter called Similiter in the old Provincial extended formerly to the University of Oxon only was made communicable the same year unto Cambridge also By this Crome Latimer Bilney and divers others were in the year next following impeached of Heresie By this the Will and Testament of William Tracie of Toddington was condemned as scandalous and heretical and his body taken up and burnt not many days before the passing of the Act of Submission anno 1532. But this power being thought too great or inconsistent at least with the Kings Design touching his divorce the Clergy were reduced unto such a straight by the degrees and steps which you find in the following Section as to submit their power unto that of the King and to promise in verbo sacerdotii that they would do and Enact nothig in their Convocations without his consent And to the gaining of this point he was pressed the rather in regard of a Remonstraence then presented to Him by the House of Commons in which they shewed themselves aggrieved that the Clergy of this Realm should act Authoritatively and supremely in the Convocations and they in Parliament do nothing but as it was confirmed and ratified by the Royal Assent Which notwithstanding though this
the curiosity of the Ministers and mistakes of the people rather than for any other weighty cause As the Statutes 5 and 6 Ed. 6. cap. 1. it was thought expedient by the King with the assent of the Lords and Commons in Parliament Assembled that the said Order of Common Service should be faithfully and godly perused explained and made fully perfect Perused and explained by whom Why questionless by those who made it or else by those if they were not the same men who were appointed by the King to draw up and compose a Form of Ordination for the Use of the Church And this Assent of theirs for it was no more was the only part that was ever acted by the Parliament in matter of this present nature save that a Statute passed in the former Parliament 3 and 4 Ed. 6. c. 12. unto this effect that such form and manner of making and consecrating Arch-Bishops Bishops Priests Deacons and other Ministers of the Church which before I spake of as by six Prelates and six other men of this Realm learned in Gods Laws by the King to be appointed and assigned shall be devised to that purpose and set forth under the great Seal shall be lawfully used and exercised and none other Where note that the King only was to nominate and appoint the men the Bishops and other learned men were to make the Book and that the Parliament in a blind obedience or at the least upon a charitable confidence in the integrity of the men so nominated did confirm that Book before any of their Members had ever seen it though afterwards indeed in the following Parliament this Book together with the Book of Common-prayer so Printed and explained obtained a more formal confirmation as to the use thereof throughout the Kingdom but in no other respect for which see the Statute 5 and 6 Ed. 6. c. 1. As for the time of Q. Elizabeth when the Common-prayer book now in use being the same almost with the last of King Edward was to be brought again into the Church from whence it was cast out in Queen Maries Reign it was committed to the care of some learned men that is to say to M. Whitehead once Chaplain to Q. Anne Bullen Dr. Parker after Arch-Bishop of Canterbury Dr. Grindal after Bishop of London Dr. Cox after Bishop of Ely Dr. Pilkington after Bishop of Durham Dr. May Dean of Saint Pauls Dr. Bill Provost of Eaton after Dean of Westminster and Sir Tho. Smith By whom being altered in some few passages which the Statute points to 1 Eliz. c. 21. it was presented to the Parliament and by the Parliament received and established without more ado or troubling any Committee of both or either Houses to consider of it for ought appears in their Records All that the Parliament did in it being to put it into the condition in which it stood before in Kings Edwards Reign partly by repealing the Repeal of King Edw. Statutes made in the first of Q. Mary c. 2. and partly by the adding of some farther penalties on such as did deprave the Book or neglect to use it or wilfully did absent themselves from their Parish-Churches And for the Alterations made in King James his time being small in the Rubrick only and for the additions of the Thanksgivings at the end of the Letany the Prayer for the Queen and the Royal Issue and the Doctrine of the Sacraments at the end of the Catechisme which were not in the Book before they were never referred unto the Parliament but were done only by Authority of the Kings Commission and stand in force by virtue only of His Proclamation which you may find before the Book the charge of buying the said Book so explained and altered being laid upon the several and respective Parishes by no other Authority than that of the eightieth Canon made in Convocation Anno 1603. The like may also be affirmed of the Forms of Prayer for the Inauguration-day of our Kings and Queens the Prayer-books for the fifth of November and the fifth of August and those which have been used in all publick Fasts All which without the help of Parliaments have been composed by the Bishops and imposed by the King Now unto this discourse of the Forms of Worship I shall subjoyn a word or two of the times of Worship that is to say the Holy-days observed in the Church of England and so observed that they do owe that observation chiefly to the Churches power For whereas it was found in the former times that the number of the Holy-days was grown so great that they became a burthen to the common people and a great hinderance to the thrift and manufactures of the Kingdom there was a Canon made in the Convocation An. 1536. For cutting off of many superstitious and superfluous Holy-days and the reducing them into the number in which they now stand save that St. George's day and Mary Magdalens day and all the Festivals of the blessed Virgin had their place amongst them according to which Canon there went out a Monitory from the Arch-Bishop of Canterbury to all the Suffragans of his Province respectively to see the same observed in their several Diocesses which is still extant on Record But being the Authority of the Church was then in the wane it was thought necessary to confirm their Acts and see execution done upon it by the Kings Injunction which did accordingly come forth with this Form or preamble That the abolishing of the said Holy-days was decreed ordained and established by the Kings Highness Authority as Supream Head in Earth of the Church of England with the common consent and assent of the Prelates and Clergy of this his Realm in Convocation lawfully Assembled and Congregate Of which see Fox his Acts and Monuments fol. 1246 1247. Afterwards in the year 1541. the King perceiving with what difficulty the people were induced to leave off those Holy-days to which they had been so long accustomed published his Proclamation of the twenty-third of July for the abolishing of such Holy-days amongst other things as were prohibited before by his Injunctions both built upon the same foundation namely the resolution of the Clergy in their Convocation And so it stood until the Reign of King E. 6. at which time the Reformation of the publick Liturgie drew after it by consequence an alteration in the present business no days being to be kept or accounted Holy but those for which the Church had set apart a peculiar office and not all those neither For whereas there are several and peculiar offices for the day of the Conversion of St. Paul and the day of St. Barnabas the Apostles neither of these are kept as Holy-days nor reckoned or esteemed as such in the Act of Parliament wherein the names and number of the Holy-days is precisely specified which makes some think the Act of Parliament to have had an over-ruling power on the Common-prayer-Book but it is not so
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
or putting their results into execution without his consent but put him into the actual possession of that Authority which properly belonged to the Supremacy or the Supream Head in as full manner as ever the Pope of Rome or any delegated by and under him did before enjoy it After which time whatsoever the King or his Successors did in the Reformation as it had virtually the power of the Convocations so was it as effectual and good in Law as if the Clergy in their Convocation particularly and in terminis had agreed upon it Not that the King or his Successors were hereby enabled to exercise the Keys and determine Heresies much less to preach the Word and administer the Sacraments as the Papists falsly gave it out but as the Heads of the Ecclesiastical Body of this Realm to see that all the members of that Body did perform their duties to rectifie what was found amiss amongst them to preserve peace between them on emergent differences to reform such errors and corruptions as are expresly contrary to the Word of God and finally to give strength and motions to their Councils and Determinations tending to Edification and increase of Piety And though in most of their proceedings towards Reformation the Kings advised with such Bishops as they had about them or could assemble without any great trouble or inconvenience to advise withal yet was there no necessity that all or the greater part of the Bishops should be drawn together for that purpose no more than it was anciently in the Primitive Times for the godly Emperors to call together the most part of the Bishops in the Roman Empire for the establishing of the matters which concerned the Church or for the godly Kings of Judah to call together the greatest part of the Priests and Levites before they acted any thing in the Reformation of those corruptions and abuses which were crept in amongst them Which being so and then withal considering as we ought to do that there was nothing altered here in the state of Religion till either the whole Clergy in their Convocaton or the Bishops and most eminent Church-men had resolved upon it our Religion is no more to be called a Regal than a Parliament-Gospel 6. That the Clergy lost not any of their just Rights by the Act of Submission and the power of calling and confirming Councils did anciently belong to the Christian Princes If you conceive that by ascribing to the King the Supream Authority taking him for their Supream Head and by the Act of Submission which ensued upon it the Clergy did unwittingly ensnare themselves and drew a Vassallage on these of the times succeeding inconsistent with their native Rights and contrary to the usage of the Primitive Church I hope it will be no hard matter to remove that scruple It 's true the Clergy in their Convocation can do nothing now but as their doings are confirmed by the Kings Authority and I conceive it stands with reason as well as point of State that it should be so For since the two Houses of Parliament though called by the Kings Writ can conclude nothing which may bind either King or Subject in their civil Rights until it be made good by the Royal Assent so neither is it fit nor safe that the Clergy should be able by their Constitutions and Synodical Acts to conclude both Prince and People in spiritual matters until the stamp of Royal Authority be imprinted on them The Kings concurrence in this case devesteth not the Clergy of any lawful power which they ought to have but restrains them only in the exercise of some part thereof to make it more agreeable to Monarchical Government and to accommodate it to the benefit both of Prince and People It 's true the Clergy of this Realm can neither meet in Convocation nor conclude any thing therein nor put in execution any thing which they have concluded but as they are enabled by the Kings Authority But then it is as true withal that this is neither inconsistent with their native Rights nor contrary unto the usage of the Primitive Times And first it is not inconsistent with their native Rights it being a peculiar happiness of the Church of England to be always under the protection of Christian Kings by whose encouragement and example the Gospel was received in all parts of this Kingdom And if you look into Sir Henry Spelman's Collection of the Saxon Councils I believe that you will hardly find any Ecclesiastical Canons for the Government of the Church of England which were not either originally promulgated or after approved and allowed o either by the Supream Monarch of all the Saxons or by some King or other of the several Heptarchies directing in their National or Provincial Synods And they enjoyed this Prerogative without any dispute after the Norman Conquest also till by degrees the Pope in grossed it to himself as before was shewn and then conferred it upon such as were to exercise the same under his Authority which plainly manifests that the Act of Submission so much spoke of was but a changing of their dependance from the Pope to the King from an usurped to a lawful power from one to whom they had made themselves a kind of voluntary Slaves to him who justly challenged a natural dominion over them And secondly that that submission of theirs to their natural Prince is not to be considered as a new Concession but as the Recognition only of a former power In the next place I do not find it to be contrary to the usage of the Primitive times I grant indeed that when the Church was under the command of the Heathen Emperors the Clergy did Assemble in their National and Provincial Synods of their own Authority which Councils being summoned by the Metropolitans and subscribed by the Clergy were of sufficient power to bind all good Christians who lived within the Verge of their jurisdiction They could not else Assemble upon any exigence of affairs but by such Authority But it was otherwise when the Church came under the protection of Christian Princes all Emperors and Kings from Constantine the Great till the Pope carried all before him in the darker times accompting it one of the principal flowers as indeed it was which adorned their Diadems I am not willing to beat on a common place But if you please to look into the Acts of ancient Councils you will find that all the General Councils all which deserve to be so called if any of them do deserve it to have been summoned and confirmed by the Christian Emperors that the Council of Arles was called and confirmed by the Emperor Constantine that of Sardis by Constans that of Lampsacus by Valentinian that of Aquileia by Theodosius that of Thessalonica National or Provincial all by the Emperor Gratian That when the Western Empire fell into the hands of the French the Councils of Akon Mentz Meldun Wormes and Colen received both life and
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
Christ Synag l. 6. c. 6. Which if it were so as I have no reason to suspect the Author it was not without good cause affirmed by the Historian if one should look no further than those outward circumstances Novos illic ritus caeteris mortalibus contrarios Tacit. hist l. 5. the very same with that which is affirmed of them in the book of Hester viz. their Laws are diverse from all people Finally Hester 3.8 at the ending of their prayers the people which were present used to say Amen which word from thence hath been derived and incorporated into all the Languages which make profession of the faith Only observe that they had several Amens amongst them Christ Synag l. 1. c. 6. § 5. The first of which they called Pupillum when one understandeth not what he answers the second Surreptum when he saith Amen before the prayer be fully ended the third is Otiosum when a man thinks of something else and so saith it idly the fourth Justorum of the just when a mans mind is set on his devotions and thinks upon no other thing And so much of the Rites and Gestures which they used in prayer But it is well observed by Aynsworth that as the Lamps mention whereof is made in the 30th of Exodus do signifie the light of Gods Word and Incense the Sacrifice of prayers Aynsw Annot. in Exod. 30. so the doing of both these at one time the Incense being to be offered when the Lamps were either dressed or lighted as before was said did signifie the joyning of the word with prayer We must look therefore in the next place what room there was or whether any room at all for reading of the Law in Gods holy Temples And first for that of Solomon taking the Temple in the largest and most ample sense not only for the House but the Courts and Out-works it was ordained by Moses in the book of Deuteronomy that there the Law should publickly be read at the end of every seven years to the Congregation At the end of every seven years saith he in the solemnity of the year of release at the feast of Tabernacles when all Israel is come to appear before the Lord their God in the place that he shall choose thou shalt read this Law before all Israel Deut. 31.11 in their hearing But then withal we must take notice that such a reading as is there commanded could not be taken as a part of the publick Liturgy For by the order and prescript of Moses the Law was to be read publickly before the people in the seventh year only in the year of release because then Servants being manumitted from their bondage and Debtors from the danger of their Creditors they might attend the hearing of the Law with the greater chearfulness And in the feast of Tabernacles because it lasted longer than the other Festivals and so it might be read with the greater leisure and then it was but this Law too the book of Deuteronomy This as it was to be performed in that place alone in which the Lord should choose to place his Tabernacle and afterwards to build his Temple so makes it little if at all unto the frequent reading of the Law in the House of God It 's true that Philo tells us in a book not extant that Moses did ordain the publick reading of the Law every Sabbath day Philo. ap Euseb de Praepar Evang. l. 8. c. 7. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. What then did Moses order to be dene on the Sabbath day He did appoint saith he that we should meet all in some place together and there sit down with modesty and a general filence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to hear the Law that none plead ignorance thereof Which custom we continue still saith he breakning with wonderful silence to the Word of God unless perhaps we give some joyful acclamation on the bearing of it some of the Priests if any present or otherwise some of the Elders reading the Law and then expounding it till the night came on But hereof by the leave of Philo we must make some doubt This was indeed the custom in our Saviours time and when Philo lived and he was willing as it seems to setch the pedigree thereof as high as might be So Salianus tells him on the like occasion Videtur Philo Judaeorum morem in Synogogis disserendi antiquitate donare voluisse quem à Christe Apostolis observatum legimus Salian Annal. anno m. 25 46. n. 10. And we must make the same Answer to Josephus also who tells us of their Law-maker that he appointed not that they should only hear the Law once or twice a year no oftner 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Joseph contr Apion l. 2. but that once every week we should come together to hear the Law that so we might become the more perfect in it Which thing saith he all other Law givers did omit And so did Moses too by Josephus's leave For besides that no such order or command is to be found in the books of Moses there were not then nor long time after any set places destinate to religious Uses but the holy Tabernacle And how the people being planted all about the Countrey could be assembled every week before the Tabernacle or afterwards unto the Temple weekly let Philo and Josephus judge And this appears more plainly by the Book of God where we are told that K. Jehosaphat sent abroad his Visitors who carried the Book of the Law of the Lord with them 2 Chron. 17.7 9. and went through all the Cities of Judaea and taught the people A needless Office had it been as those Authors tell us if all the people met together weekly to be taught the Law But that which follows of Josiah is more full than this Of whom it is recorded that when Hilkiah the High Priest in looking over the decays and ruins of the Temple had found a book of the Law which lay hidden there and brought the same unto the King how the good Prince upon the hearing of the words of the Law rent his Garments 2 King 22.11 23.1 2. and not so only but gathered together all the Elders of Judah and Hierusalem and read in their ears all the words of the Book and joyned together in a Covenant with the Lord their God Had it been formerly the custom to read the law each Sabbath every week once at least unto all the people neither had that religious Prince been so ignorant of it nor had the finding of the book been counted for so strange an accident nor could it be to any purpose to call the People altogether from their several dwellings only to hear the Law read to them and go home again if it were read amongst them weekly on the Sabbath days and that of ordinary course So that whatever Philo and Josephus say there was no weekly reading
as he makes very ancient Joseph Scaliger de emendat Temp. 1.7 cujus cultus institutio vetustissima est as his own words are grounding the same upon the reading of the Law in the time of Ezra So I conceive their form of worship on the same was no less ancient than those times For whereas Ezra is confessed by those who approve not Liturgies to be the Author of those 18 Benedictions Smectymn Vindicat. p. 26. so much in Use amongst the Jews of the second Temple some of those Benedictions seem to me to be composed for the Meridian of this feast though they might elso serve at other times as occasion was Of which take this as most agreeable to the intention of the festival Cited by H. Thorndike c. 10 of his Religious Assembl Blessed art thou O Lord our God the King of the world that hast sanctified us with thy Precepts and given us command concerning the matters of the Law And sweeten O Lord the words of the Law in our mouths and in the mouth of thy people the house of Israel and make us all and our Children and our Childrens Children knowers of thy Name and learners of thy Law for it self Blessed art thou O Lord which teachest thy people Israel the Law So far the very words of the Benediction a Benediction made by the self same Author who as it is conceived by Scaliger did ordain the Festival The like Authority was exercised by the Jewish Church in Instituting set and appointed Fasts for the chastising of the body and the afflicting of the soul that so Gods worship might go forward with the greater fervour Of these we find some mentioned in the Prophecy of the Prophet Zachary as viz. the Fasts of the fifth and seventh moneth cap. vii v. 5. The Fasts of the fourth and tenth moneths cap. viii v. 19. The several occasions of the which you may see elsewhere Besides which Annual Fasts they used to fast upon the Monday and the Thursday Jejuno his in Sabbato said the Vain-glorious Pharisee in S. Lukes Gospel and many times they did impose upon themselves a seven days Fast the better to profess their sorrow and bewail their sins Luk. 18.12 For which consult 1 Sam. xxxi 13. 1 Chron. x. 12. 2 Esdras v. 13 20. And we have reason to believe that there were certain and determinate forms of publick worship for all the residue because we find them on those last What was the course observed in reading of the Law upon the second and fifth days of the week we have seen before and shall add only this at present that they Assembled in those days in their several Synagogues not only in the greater Towns but the smaller Villages Maimon in Megillah c. 1. n. 6. ap H. Thorndike as the Rabbins tell us But for the seven days Fast the form and order of the same according as it was performed by those which dwelt in Hierusalem was this as followeth When they prayed after this order in Hierusalem they went into the Mountain of the Temple against the East gate And when the Apostle of the Congregation the same who in S. Luke is called the Minister cap. iv 20. was come unto the prayer which began with this He that heard Abraham c. and ended with these words viz. Blessed be thou O Lord God our God the God of Israel from generation to generation The People answered Blessed be the name of his glorious Kingdom to all generations and for evermore Then said the Officer of the Synagogue unto the Priests which blew the Trumpets Sound ye the Sons of Aaron sound and then prayed again And though it seemeth by the Rabbin Id. in Tanaioth c. 4. n. 14. cited by Mr. Thorndike cap. of his Religious Assemblies c. that this prescribed form was fitted only to the Meridian of Hierusalem yet there is little question to be made but that it served also for all the Synagogues about Judaea there being no imaginable reason why a prescript form of publick worship conceive me in the moral parts thereof which was observed in the Temple should not be used in the Synagogues which in performance of Gods service was to take pattern from the Temple Only some difference there was in the present case but such a difference as is a matter of meer nicety not of any moment For when this form was used in the Synagogue the People answered Amen at the end of the Prayer But when they used it in the Mountain of the Temple that is within the outmost compass of it their Answer was Blessed be the name of his glorious Kingdom c. as before was said it being not usual with the People as the Rabbins note cited ibid. c. 7. to answer Amen within the Mountain of the Temple So punctual were they in their forms as not to vary in a word or title from that which was prescribed in their publick Liturgies And finally that they had a prescribed form of words for their solemn and occasional Feasts is evident by that of Abel cap. ii 17. where the words occur But to look back upon the Celebration of the daily Sacrifices besides the testimonies of the Rabbins and that of the Samaritan Chronicle produced before we have it thus described by Jesus the Son of Syrac an Author of unquestionable credit to the point in hand Speaking of Simon the Son of Onias who was the High Priest at the time and his officiating at the Altar he proceeds as followeth Ecclus. 50.14 And finishing the Service at the Altar that he might adorn the Offering of the most high Almighty he stretched out his hand to the Cup wherewith the Drink-offering was to be made and poured of the blood of the Grape he poured out at the foot of the Altar a sweet smelling savour unto the most high King of all Then shouted the Sons of Aaron and sounded the silver Trumpets and made a great noise to be heard for a remembrance before the most High Then all the People hasted together and fell down to the Earth upon their faces towards the Lord God Almighty the most High The Singers also sung praises with their voices with great variety of sounds was there made sweet melody And the People besought the Lord most High by prayer before him that is merciful till the Solemnity of the Lord was ended and they had finished his Service Then went he down and lifted up his hands over the whole Congregation of the Children of Israel to give the blessing of the Lord with his lips and to rejoyce in his Name And they bowed themselves down to worship the second time that they might receive a blessing from the most High So far the Author of Ecclesiasticus who lived in the latter end of Ptolemy Euergetes King of Egypt as himself tells us in his Preface Now in these words of his if we mark them well we find particularly all the parts
Patriarch Jacob there being otherwise many places in his new gotten Kingdom of more convenience for his Subjects and less obnoxious to the Power of the Kings of Judah than this Bethel was The Act of Jacob in consecrating the Stone at Bethel gave the same hint to Jeroboam to profane the place by setting up his Golden Calves as Abrahams Grove gave to the Idolatrous Jews and Gentiles for polluting the like places with as impure abominations And probable enough it is that by these Acts of Abraham and Jacob the Macchabees proceeded to the Dedication of the Altar when profaned by Antiochus though they made use only of their own Authority in honouring that work and the celebration of it with an Annual Feast of which see Macc. 1. Chap. 4. v. 59 c. Which Feast being countenanced by our Saviour as is elsewhere said gave the first ground unto the Anniversary Feasts of Dedication used in the best and happiest times of Christianity De Eccles Officiis l. 1. c. 3. of which thus Isidore of Sivil Annuas Festivitates dedicationis Ecclesiarum ex more veterum celebrari in Evangelio legimus ubi dicitur facta sunt Encoenia c. Where we have both the custom and the reasons of it that is to say the antient practice of Gods people amongst the Jews occasionally mentioned and related too in the holy Gospel This being repeated and applyed we must next see by what Authority Gods people afterward proceeded on the like occasions Greater Authority we find for the Dedication of the Tabernacle than for the consecrating the Grove or Pillar which before we spake of even the command of God himself who though he had appointed it to be made prescribed as well the matter as the Form thereof descending even unto the nomination of the Workmen that were to take care of the Embroydery of it did not think fit it should be used in his publick Worship till it had first been dedicated to that end and purpose For thus saith God to Moses in the way of Precept And thou shalt take the anointing Oyl and anoint the Tabernacle and all that is therein and shalt hallow it and all the Vessels thereof and it shall be holy and thou shalt anoint the Altar of the Burnt-offering and all his Vessels and sanctifie the Altar Exod. 40.9 1. and it shall be an Altar most holy c. And thus did Moses in conformity to the Lords Commandment of whom it is affirmed Thus did Moses according to all that the Lord commanded him so did he That is to say he reared up the Tabernacle Verse 16 and disposed of every thing therein in its proper place hallowing the Tabernacle and the Altar and the Vessels of it as the Lord commanded and then and not till then was it thought fit for the Acts of Sacrifice and to be honoured with the presence of the Lord their God For as it followeth in that Chapter first Moses offered on the Altar so prepared and consecrated a Burnt-Offering and a Meat-Offering as the Lord commanded ver 29. And secondly A Cloud then covered the tent of the Congregation and the glory of the Lord filled the Tabernacle v. 34. No Fathers need be called in here to explain these Scriptures which every one can understand who is able to read them and every one who understandeth them may conclude from hence that God had never took such order for consecrating of the Tabernacle the Altars and other Vessels of it had he not meant to leave it for a Document and Example to succeeding times that no place should be used for his publick Worship till it was sanctified with Prayer and set apart by some Religious Ceremonies for that holy purpose According to which great Example we find a solemn dedication of the Temple when first built by Solomon performed by Prayer and Sacrifices in most solemn manner 1 Kings 8. A second Dedication of it when first restored by Zorobabel in the time of Ezra where it is said That the children of Israel Ezra 6.16 the Priests and the Levites and the rest of the children of the Captivity kept the Dedication of this House of God with joy And finally Josephus telleth us Antiq. Juda. l. 15. c. 14. that when Zorobabels Temple was pulled down by Herod and built again after a more magnificent manner than before it was with what alacrity and pomp the Jews did celebrate the Dedication of the same A Temple gloriously set out to the outward view immensae opulentiae Templum it is called by Tacitus as before was said and dedicated by the Founder with as great magnificence of which more hereafter Sufficient evidence to prove that whether the Temple be considered as a House of prayer or a place for Sacrifice it was not to be used for either not sanctified and set apart for those holy Actions Having thus seen what was done in those solemn Acts of Dedication by the Lords own people as well before as under the Law of Moses let us next see how far those Actions of Gods people have been followed by the antient Gentiles who though without the Law of Moses yet were instructed well enough by the light of Nature that Sacred Actions were not to be used in unhallowed places And here to go no further than the Roman story being the best compacted and most flourishing estate among the Gentiles we have in the first Infancy thereof a Temple dedicated by Romulus unto Jupiter Feretrius of which thus Livy Jupiter Feretri inquit Romulus haec tibi victor Rex Regia arma fero Templumque iis Regionibus quas meo animo metatus sum dedico sedem opimis spoliis quae Regibus Ducibusque hostium caesis me Autorem sequentes posteri ferent Unto which words of Romulus being the formal words of the Dedication Livy adds his own Hist Rom. Dec. 1. l. 1. Haec Templi est origo quod omnium primum Romae sacratum est That is to say this is the Original of that Temple which first of all was dedicated in the City of Rome Concerning which we are to know that Romulus having vanquished Tolumnius a poor neighbouring King in the head of his Army and brought his Armour into Rome in triumphant manner designed a Temple unto Jupiter from hence named Feretrius for the safe keeping and preserving of those glorious Spoils And having so designed the Temple thus bespeaks the gold viz. O Jupiter Feretrius I by this favour made a Conquerour do here present unto thee these Royal Arms and dedicate or design a Temple to thee in those Regions which in my mind I have marked out for that great purpose to be a seat for those rich Spoils which Posterity following my example having slain Kings or such as do command in chief shall present unto thee Which formal words did so appropriate that place to the service of Jupiter that afterwards it was not to be put unto other uses This done by Romulus
himself but afterwards when Numa had brought in Religion and that the Priesthood was established though Kings and Consuls might design and dedicate that is to say prepare a Temple for their Gods for so the word doth signifie in their antient Rituals yet the Consecration of them was appropriated to the Pontifex maximus and the chief Priest did usually perform that Ceremony as appeareth plainly by the case of C. Flavius For whereas by the Laws of Rome it was permitted only unto Consuls or such as did command in chief to erect Temples for the Gods Cornelius Barbatus then chief Priest was required by the people notwithstanding to consecrate the Temple of Concord built by this Flavius though a Man of no publick Office in the Common-wealth of which Livy thus Aedem Concordiae in area Vulcani summa nobilium invidia dedicavit coactusque consensu populi Cornelius Barbatus Pontifex maximus verba praeire cum more majorum negaret nisi Consulem aut Imperatorem posse Templum dedicare In Hist Rom. Decad. 1. l. 9. in fine Where note that Templum dedicare in the Authors language is only to erect and prepare the Temple and to declare unto what Deity it was intended which was the point that formerly had been permitted only unto Kings Consuls and chief Commanders and therefore not allowable to this C. Flavius being a mean and private Man and then that verba praeire to dictate or direct the words by which it was to be blessed and consecrated was the High Priests Office which this Cornelius Barbatus was compelled to do by the common people because that it was contrary to their antient custom to grant that honour to so mean a Man as this C. Flavius The like performed by Plautus Elianus being then chief Priest of the Romans in the Consecration of the Capitol when the foundation of it was new laid in the time of Vespasian of which more hereafter and so Vopiscus telleth us of the Emperour Aurelianus that having subdued Zenobia the gallant Queen of the Palmireni he gave order unto one of his Ministers to build a Temple with the Spoils of the conquered people which done he addeth that he would write unto the Senate ut Pontificem mittat qui dedicet Templum Fla. Vopis in vita Aurel. requiring them to send the Pontifex or chief Bishop by whom it might be consecrated accordingly An Office questionless which had not been appropriated to the Pontifex maximus if there had not been some certain Form some appointed Ceremonies accustomably used in those Consecrations which none but Men of that high place were by Law to execute Now that there was some certain Form some appointed Ceremonies accustomably used by the chief Bishop upon these occasions appeareth from that of Pompeius Festus an old Grammarian by whom the Latin word Fanum which signifieth a Church or Temple is derived from fando and so derived upon this reason quod dum Pontifex dedicat certa verba fatur because the Pontifex or chief Priest speaketh certain words that is to say a certain and set Form of words in the Dedication Which Form of words or some part of them at the least together with the other Rites and Ceremonies used in those Solemnities I cannot better shew than in that Summary or Abstract of them which Alexander ab Alexandro hath drawn up in this manner following Genial Dier lib. 6. c. 14. Ea vero consecratio vel à Consule vel Imperatore accenso foculo fit cum Tibicine verbis priscis solennibus praeeunte vero Pontifice maximo praefante carmen capite velato concione advocata ac jussu populi That is to say The Consecration was performed by the Consul or chief Commander of the Army a small fire in a Pan or Chaffing-dish being carried by them or before them as the use then was the Crier with a loud voice using the old and solemn Form of words as they were dictated by the Pontifex or chief Priest the Pontifex or chief Priest repeating a set and certain Song with his head covered the whole body of the people being called together and their command required to make good the Acts which last clause touching the Authority or Command of the people was only in the time of the Popular Government and was not used when the Emperours had obtained the State And then it followeth in the Author Templi vero consecratio fiebat ut qui Templum aedemvre dedicaturus erat postem tenens accenso foculo advocato Numine cui Templum aedesve sacrantur c. That is to say Which done the consecration was dispatched in this manner following the Founder of the Temple for so I understand the word Dedicaturus in the present place laying fast hold on one of the Posts or Pillars of it with a small Fire-pan in his hand as before was said and calling on the Deity to whom the House or Temple was by him intended did openly declare That he exempted from the right of Men and all profane and common usage the Temple Tables Vaults and Altars and all things which pertained unto them the Latin of which words we have seen before eaque conceptis verbis ipsi Numini tunc Numen nominat divina humanaque omnia consecrare And that he dedicated and appropriated to that sacred Deity which Deity he then also named those and all other both Divine and Humane things in express words framed and premeditated for that purpose The like hath Servius noted on these words of Virgil In medio mihi Caesar erit Templumque tenebit that is saith he I will bestow this Temple on him the Author using in this place a word or term frequent in the Pontifical of the antient Romans or such a word as the Roman Pontifex did use in those Dedications Nam qui Templum dicabat postem tenens dare se dicebat Numini Georg. l. 3. quod ab illo necesse fuerat jam teneri ab humano jure discedere i. e. For he that was to dedicate the Temple laying hold on one of the Posts or Pillars of it declared that he bestowed it upon the Deity which by that Deity was even then to be holden and enjoyed and to be alienated for ever from the right of Man Where by the way this holding of the Post or Pillar by the Founder was in the name of the very Numen to whom the Temple was intended and was like the holding the Ring or Key of the Church-door by him that is inducted to the cure of Souls whereby he takes possession of it in the name of God I have laid down these passages at large in the words of the Author that we may see that there were verba prisca solennia an antient and set Form of words accustomably used in those Consecrations though the whole Form and all the solemn words which were used therein are no where extant in my Authors for ought I can find We are
of work since the time of the old Martin Mar-prelat began to teem again with a new brood of Libellous Pamphlets the Females of Sedition as a Learned Gentleman truly calls them in which the Bishops were reproached with Innovating in the Worship of God here by Law established in order to some dark design to bring in Popery The antient usages of the Church grounded on Law required by Canon and Authorized by the stamp of Supream Authority had lien so long under the Rubbish of neglect and discontinuance by the remisness to say no worse of it of the former Government that the endeavour of reducing them to use and practice was forthwith clamorously branded with the odious name of an Innovation though when it came unto the trial the Innovation lay at their doors who had raised he clamor Amongst which Innovations so unjustly charged there was none made a greater and more general noise than the requiring a set Form of Prayer to be used by Preachers before their Sermons imputed by H. E. to the late Archb. as an act of his and yet confessed so much he was transported by his spleen and passion to be prescribed in the Canon of 603. full 30 years before that Prelate had attained the See of Canterbury During these heats I was requested by the Right Reverend Father in God the Lord Bishop of W. to ease him of some pains in searching into the constant practice of this Church since the Reformation as to that particular as also to consider of the grounds and motives which might induce the Bishops of those times to compose the Canon in which that Form had been prescribed that haing satisfied himself in all points which concerned that Argument towards which my poor endeavours were not likely to contribute much he might with greater confidence require the Clergy of his Diocess to conform unto it An employment which I undertook with a ready chearfulness as one that had been always trained up in the School of obedience and looked upon the just motions of my Superiors as in the nature of commands What satisfaction this discourse then gave unto hisLordship I forbear to add and what contentment it may give to the Reader now I forbear to guess The fate of Books depends not in these times as in those before on the capacity of the Reader but on his private interess so as it is not to be hoped that such as are approved by some will be liked of all though most of those who may mislike may give no sufficient reason for it All therefore which I have to do is to submit it to the judgment of the equaland unbyassed Reader from whom I am as willing to receive satisfaction in any controverted point as to use my best endeavours to give it to him And so good Reader I conclude with those words of the Poet Tu vergo si quid novisti rectius istis Candidus imperti si non his utere mecum If thou hast better reasons lend me thine Or otherwise make bold with these of mine A BRIEF DISCOURSE Touching the Form of Prayer c. 1. The Introduction to the whole 2. The Canon of the year 1603. 3. The meaning and purpose of that Canon 4. The Injunction of Qu. Elizabeth to the same effect 5. The Injunction of King Edward VI. to the same effect 6. The like Injunction of King Henry VIII 7. The ground and reason of the Injunction of that King and the exemplification of it in the practice of Bishop Latimer 8. The difference between Invocation and that bidding of Prayer which is required by the Canon 9. The Canon justified by the practice of Bishop Andrews 10. By the practice of Bishop Jewel in Qu. Elizabeths time 11. By the practice of Archbishop Parker in King Edwards time 12. By the like practice of Bishop Latimer in that Kings time also 13. More of the practice of Bishop Latimer in this point 14. The same proved also by the practice of Bishop Gardiner 15. The result arising both from the precept and the practice of the Church herein 16. How the now Form of Prayer by way of Invocation was first taken up 17. No Prayer by way of Invocation used by the Antients in their Sermons 18. The Prayer appointed by the Canon and Injunctions used rather heretofore as a part of the Sermon than as a preparation to it 19. Bidding of Prayer more consonant unto the meaning of the Law than any set Prayer in the way of Invocation 20. Bidding of Prayer more proper for the place or Pulpit which was not made for Prayer but for Exhortation 21. The like concluded from the posture of the Preacher also 22. Some inconveniences arising from the Form of Prayer by Invocation 23. More inconveniencies of that nature by accusing the Liturgie as defective 24. The conclusion and submission of the whole to his Lordships judgment INventae erant Epistolae ut certiores faceremus absentes si quid esset quod eos scire aut nostrum aut ipsorum interesset Epistles were devised as Tully writes to Curio to this end and purpose that we might certifie the absent of those things which are most proper for their knowledge and our relation They are our Messengers for love our Posts for business our Agents in the managing and dispatch of the weightiest Affairs such as most nearly do concern us which being a chief Use and Benefit of Letters no marvail if they have been used in all former Ages not only to maintain an intercourse between Friends in point of Amity but to lay down in them our resolutions as occasion is in point of Controversie The several Writings in this kind of the antient Authors as well the Christian as the Gentile what are they but so many precepts and directions by which to regulate our Conversations or reasons and authorities on the which to rest our judgments Upon which ground my most Honoured Lord I have adventured to declare by this way of Letter what I have found upon due search in answer to the proposition which your Lordship recommended to me touching the Form of Prayer appointed in the Canon to be used by Preachers before the Sermon Of which such question hath been made in these busie times whether it ought to be by way of Invocation as a formal Prayer or else by way of Exhortation as a bidding of Prayer For resolution of the which I shall first lay down the very Canon and after briefly shew unto you what is most like to be the true intention of it out of the publick Monuments of this Church and constant practice of those men who are above exception for the point in hand and also by such other pregnant reasons as I have thought most proper to confirm the same Now for the title of the Canon it runs thus Can. 55. The Form of a Prayer to be used by Preachers before their Sermons The body of it is this Before all Sermons Lectures and Homilies Preachers
Council the Spiritualty and Temporalty And I shall desire you to commend unto God with your prayers the Souls departed unto God in Christs Faith and among those most especially our late Sovereign Lord King Henry VIII your most noble Father for these and for grace necessary I shall desire you to say a Pater-nosler and so forth Which Form of his agrees most exactly with that order in the Kings Injunction not altered then in that clause for the Saints departed which as it seems continued till the alteration of the publick Liturgy Anno 1552. and then was changed with the same In other things no difference between him and that other Form which was commanded and set forth by the Queens Injunction and between him and Bishop Latimer so little that it may seem to be in words more than meaning In both we have a clear and pregnant evidence that then they used no proper and direct address to God in a formal Prayer of their own devising but only laid before the people some certain heads they were to pray for which in the Language of that time was called Bidding of prayer We should now look upon the practice in King Henries days but that I think no question can or will be made in that particular considering the severe temper of that Prince in exacting full obedience unto all his Mandates or if there be that Form of Prayer which we find used by Bishop Latimer in his Sermon Preached before the Convocation in the 28th of that Kings Reign which before we spake of may serve once for all without further Instances which brings the precept and the practice to the like Antiquity Put all that hath been said together and the sum is this That if we do interpret the Canon of the year 1603. by the Queens Injunctions and construe both of them according to the Injunctions in King Edwards and King Henries days seconded by the constant practice in all times succeeding we shall see plainly that in the intention of the Church we are to use no Prayer before our Sermons by way of Invocation to God but somewhere in them or before them to use a Form of Bidding prayer by way of Exhortation to the Auditory This said we will declare in brief how the new Form of Prayer by way of Invocation and address to God which is now generally taken up came in use amongst us and afterwards lay down some reasons not so much to oppose that Form of Invocation lately taken up as to establish and confirm the other Form of Bidding prayers founded upon the Canon the Injunctions and the antient practice Now this new Form of Invocation to deal plainly in it was first contrived and set on foot by the Puritan faction who labouring with might and main 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the saying is to overthrow the publick service of this Church then by Law established endeavoured to advance in the place thereof an Arbitrary and Extemporary Form of Prayer of every ptivate mans devising and that not only before but after Sermon Calvin had so appointed in Geneva and Knex in Scotland and rather than not have it so in England also the Brethren were resolved to put all in hazard This when they could not compass with their noise and clamour they fell upon a way which came somewhat near it and was more likely far to effect their purpose Their Lecturers and Preachers yea and followers too not coming to the Church till the Service ended and their own Prayer was to begin The Book of dangerous practices and positions writ as was thought by Bishop Bancroft though not then a Bishop will give us some of those examples take one among them for a tryal and you shall find him boast himself that every Sabbath so he called it not medling with the Liturgy prescribed he used to Preach unto his people Ego singulis sabbatis si non alius adveniens locum suppleat cum praescriptâ liturgias formula nihil habens commercii in coetu concionem habeo What he professed for himself was then the practice of them all some of them as it is observed in the Conference at Hampton Court being content to walk in the Church-yard till Sermon time rather than to be present at publick prayer and is still I fear used by many Lecturers in and about the City of London Thus having limited all Gods Service unto Preaching and some Extemporary Prayer of their own devising they brought the people at last unto this persuasion that in the publick Liturgy there was nothing but a meer formality which the Law enjoyned Their Arbitrary and Extemporary Forms of Prayer savouring only of the Spirit and true devotion which when they could not bring about at the first attempt they practised with a counterfeit Devil to undertake it The seven of Lancashire when they were taught by Mr. Darrel to play the Demoniacks were also taught by him to promote the cause As often as any of those Ministers who were conformable to the Church and kept themselves unto the Forms of the publique Liturgy did come to visit them and in their hearing read some Prayers out of the Common-prayer Book the Devil was as quiet as any Lamb as if he were well pleased with that Form of Service or that there was not any thing in those Prayers or the men that used them to trouble him or disturb his peace But when as Mr. Darrel and other Brethren of the Non-conformity approached in sight who used to fall upon him with whole volleys of raw and indigested Prayers of their own devising such as they had prepared and fitted for the present occasion then were the wicked Spirits much more troubled and perplexed extreamly whereby you may perceive that even the Puritans also had a kind of Holy-water with which to fright away the Devil lest else the Papists should in any thing have the start before them And whereas the Injunction had restrained the Clergy to some certain heads by them to be commended to the Peoples prayers these men took neither care of the Form or matter of the said Injunction not of the Form for they directed their address to Almighty God in manner of a formal prayer as hath since been used against the Canon nor of the matter of the same for they began their Prayer with a long confession or a discourse rather of their own uncleanness and the corruption of mans nature fill'd it with praise and thanksgiving for particular blessings even for their Godly friends and acquaintance and ended it with a kind of a charm or transubstantiating as viz. That the words which they should speak might not be entertained as the words of a mortal man but as they were indeed the words of the immortal and living God For in that very stile I have heard it often nay they went so far in the end that the Visitation of the Sick prescribed by the Church was quite laid aside their weak estate being reduced unto
used it or else between the Text and Sermon as others no less eminent than he have been accustomed to do Or if it must needs be interpreted to be before them both as the most would have it we must then think the Church was pleased to yield a little unto the current of the time in which that fashion generally had been taken up And that the Church regarded not so much the circumstance as the main and substance which was to lay before the people some heads of prayer and thereby to cut of those long and tedious prayers so much used of late under pretence whereof so many Widows houses had been devoured and all the publick service of the Church neglected Thirdly it may be pleaded that the old Form of Bidding prayers is more agreeable to the Law than their new Form of Invocation which is expresly and directly against the same For in the Statute 2. and 3. of King Edward VI. Cap. 1. as afterwards in the first of Queen Elizabeth Cap. 20. whereas afterwards in the first of Queen Elizabeth Cap. 20. wherein the Common-prayer-book now in use was confirmed and established It is enacted That if any manner of Parson Vicar or whatsoever Minister that ought or should sing or say Common prayers c. shall wilfully or obstinately standing on the same use any other Rite Cermony Order Form or manner of celebrating the Lords Supper openly or privily or Mattens Even-song administration of the Sacraments or other open prayer N. B. than is mentioned and set forth in the said Book He shall lose and forfeit to the Queens Highness her Heirs and Successours for his first offence the profits of all his spiritual Benefices and Promotions coming and arising in one whole year next after his conviction and also for the same offence shall suffer imprisonment by the space of nine Months without bayl or mainprise c. and so from one punishment unto another until at last they come on the third offence to Deprivation and imprisonment perpetual Now lest there should be any doubt what is here meant by Open prayer The said two Statutes thus expound it Open prayer in and throughout this Act is meant that prayer which is for others to come unto and hear either in common Churches or private Chappels and Oratories commonly called the service of the Church so as it seemeth by this Statute that whosoever useth in the Church any open prayer i. e. such prayer as is made for other Men to come unto or hear which is not mentioned or set forth in the Common-prayer book makes himself subject unto all the penalties in the same conteined which thing considered as it ought it is not to be thought that in the Convocation of 1603. the Church did order or permit by the aforesaid Canon any Form of prayer or Invocation which was repugnant to the Statutes standing still in force but only purposed to continue the usual Form of Bidding prayer or exhortation unto Prayers which was agreeable thereto In the 4th rank the very place it self comes to be considered in which this Prayer of theirs is made which of all places else is most improper for that action and least intended to it by the Church Pulpits were made of old for publick speeches to the people and not for Prayers unto the Gods the Pulpit for Orations being often mentioned in Heathen Writers call it Suggestum rostrum pulpitum or what else you will but never any mentioned in them as a place for Prayer And so in sacred matters also the Pulpit hath been used for publishing the Law in reference to Mount Sinai whence it first was published Neh. v. 4. Matth. 5.6 7. Deut. 27.13 and for the preaching of the Gospel in reference to the Mount where it was first preached and for the denouncing of Gods Judgments on the Disobedient in reference to Mount Ebal whence the Curse was threatned But that the Pulpit should be used as a place to pray in when there are other places destinate to that holy Use was never heard of as I think till these later Ages when all things seemed to tend to Innovation Sure I am in the Church of England there was no such meaning for in the 83. Canon it is ordained that the Parishioners shall provide a comely and decent Pulpit to be set in a convenient place and to be there seemly kept for the preaching of Gods Word Nothing else in the Canon is expressed but only preaching of Gods Word and therefore I may safely say nothing else was meant especially there being another seat appointed for the publick prayers Can. 82. For further proof of which let us but look unto the Rubrick before the Commination where is said as followeth After Morning prayer the people being called together by the tolling of a Bell and assembled in the Church the English Letany shall be said after the accustomed manner which ended the Priest shall go into the Pulpit and say thus Here seems to be another Use of the Pulpit besides that of preaching but indeed it is not The threatnings of Gods Judgments being many times as necessary to and for Gods people as the endearments of his mercies and both the preaching of his Word Now whereas after the said Commination there are some certain reconciliatory Psalms or Prayers that follow after those are not to be said within the Pulpit but where the Letany had been said before for so it is declared in the next Rubrick Then shall they all kneel upon their knees the Priest and Clerk kneeling where they are accustomed to say the Letany shall say this Psalm which plainly shews that in the intention of the Church the Pulpit was not made for a place for the Priest to pray in but rather for a place wherein to teach the people how they were to pray which is the Bidding prayers in the Canon meant The same may be concluded also even from the posture of the Preacher being in the Pulpit for Pulpits being made as before was said for Speeches Sermons and Orations unto the people the Speaker Orator or Preacher was of necessity or ordinary Course to turn himself unto the people that so they might the better both see and hear him as in such things is still accustomed whereas in times of Prayer the Priest or Minister ought to turn his face to the upper end of the Church looking towards the East and so his back to be towards the people I say that so he ought to do at least if he intend to follow either the prescript of this Church or most true antiquity The Christians of Tertullians time were generally accused for worshipping the Sun because that in their prayers they turned their faces to the East Inde suspicio quod innotuerit nos ad Orientis regionem precari Apol. p. 16. as he there informs us where nos no question was not meant of the people only but of Priest and people And for the Church of England
Parliament who set so slight a value on their Constitutions the Title doth afford two things worthy consideration First that the maintenance of the Clergy here by Law established is said to be by giving to them the tenth part of every mans Estate And secondly that the blow goes higher than before it did and aims not only at the devesting of the Church of her ancient Patrimony but at the depriving of the Gentry of their Impropriations which many of them hold by Lease many by Inheritance all by as good a title as the Law can make them I know there hath been great pains taken by some Learned men to state the Institution and Right of Tithes and several judicious Tractates have been writ about it which notwithstanding have not found such entertainment as they did deserve partly because being written in an Argumentative way they were above the reach of the vulgar Reader but principally because written by men ingaged in the cause and such as might be byassed with their own interesse in it For my part I am free from all those ingagements which may incline me to write any thing for my private ends being one that payeth Tithes and such other duties as the Laws and Ordinances do injoyn And though I sit far off from the fountain of business and cannot possibly see at so great a distance what might best satisfie the doubts and clamors of unquiet men yet I shall venture to say somewhat in a modest way towards the Undeceiving of the People in this point of Tithes whose judgments have been captivated by those mis-persuasions which cunningly have been communicated and infused into them And I shall do it in a way if I guess aright which hath not yet been travelled in this present point such as I hope will satisfie all them of the adverse party but those who are resolved before-hand that they will not be satisfied For whereas the whole controversie turneth on these three hinges First that the maintenance allowed the Clergy is too great for their calling especially considering the small number of them Secondly that it is made up out of the tenth part of each mans Estate And thirdly that the changing of this way by the payment of Tythes into that of Stipends would be more grateful to the Countrey and more easie to the Clergy I shall accordingly reduce this small discourse unto these three heads First I will shew that never any Clergy in the Church of God hath been or is maintained with less charge to the Subject than the established Clergy of the Church of England Secondly that there is no man in the Realm of England who payeth any thing of his own towards the maintenance of his Parish Minister but his Easter-Offering And thirdly that the changing of Tythes into Stipends would bring greater trouble to the Clergy than is yet considered and far less profit to the Countrey than is now pretended These Propositions being proved which I doubt not of I hope I shall receive no check for my undertaking considering that I do it of a good intent to free the Parliament from the trouble of the like Petitions and that the common people being disabused may quietly and chearfully discharge their duties according to the Laws established and live together with that unity and godly love which ought to be between a Minister and his Congregation This is the sum of my design which if I can effect it is all I aim at And with this Declaration of my mind and meaning I trust this short discourse of mine will be if not applauded yet at least excused First then I am to prove this point I. That never any Clergy in the Church of God hath been or is maintained with less charge to the Subject than the established Clergy of the Church of England For proof of this we must behold the Church of God as it stood under the Law in the Land of Canaan and as it now stands under the Gospel in the most flourishing parts of Christendom Under the Law the Tribe of Levi was possessed of 48 Cities and the Territories round about them extending every way for the space of 2000 Cubits which in so small a Country was a greater proportion than the Rents received by the Clergy of all the Bishoprick and Chapter Lands in the Realm of England Then had they besides Tribes whereof more anon the first-born of Man-kind and all unclean Beasts which were redeemed at the rate of five Shekels apeece amounting in our money to 12 s. 6 d. and of the Firstlings of clean Beasts their blood being sprinkled on the Altar and the fat offered for a burnt-offering the flesh remained unto the Priests Of which see Numb 18. v. 15 16 17 18. They had also the First fruits of wine Levit. 2.3 7.5.7 oyl and wool Deut. 18. v. 4. yea and of all things else which the earth brought forth for the use of man the first fruits of the dough Numb 15. v. 20 21. the Meat-offerings the Sin-offerings the Trespass-offerings the Shake-offerings the Heave-offerings and the Shew-bread Levit. 7.33 34. Ib. v. 8. As also of all Eucharistical Sacrifices the Breast and the Shoulder of others the shoulder and the two cheeks and the maw and the whole burnt-offering they received the skin Then add that all the Males of the Tribes of Israel were to appear thrice yearly before the Lord and none of them came empty-handed And that if any had detained any thing in part or in whole which was due by Law he was to bring a Ram for an offering to make good that which was detained and to add a fifth part to it in the way of Recompence Besides these duties were brought in to the Priests and Levites without charge or trouble And if any for their own ease desired not to pay in kind but to redeem the same for a sum of money the estimation of the due was to be made by the Priest and a fifth part added as before for full satisfaction Lev. 27 12 13. In a word such and so many allowances had the Priests and Levites that setting by the Tithes of their Corn and Cattel and of all manner of increase their maintenance had far exceeded that of the English Clergy and adding unto these the Tithes of all Creatures tithable it doth more than double it For in the payment of their Tithes by the Lords appointment there was not only a full tenth of all kinds of increase but such an imposition laid on all kinds of Grain as came to more than a sixt part of the Crop it self insomuch that of 6000 bushels 1121 accrued unto the Priests and Levites 4779 remaining only to the Husbandman For first out of 6000 bushels and so accordingly in all after that proportion a Sixtieth part at least and that they termed the Therumah of the evil eye or the niggards First-fruits was to be set apart for the first fruits of the threshing-floor which
had any thing to do in the Land at all For as I am informed by Sir Edward Coke in his Comment upon Littletons Tenures lib. 1. cap. 9. Sect. 73. fol. 58. It appeareth by the Laws and Ordinances of ancient Kings and especially of King Alfred that the first King of this Realm had all the lands of England in Demesne and les grands manours royalties they reserved to themselves and with the remnant they for the defence of the Realm enfeoffed the Barons of the Realm with such jurisdiction as the Court Baron now hath So he the professed Champion of the Common Laws And at this time it was when all the Lands in England were the Kings Demesne that Ethelwolph the second Monarch of the Saxon race his father Egbert being the first which brought the former Heptarchie under one sole Prince conferred the Tithes of all the Kingdom upon the Church by his royal Charter Of which thus Ingulph Abbot of Crowland an old Saxon Writer a Anno 855. Rex Ethelwulfus omnium Praelatorum Principum suorum qui sub ipso variis Provinciis totius Angliae praeerant gratuito Consensu tunc primo cum decimis terrarum bonorum aliorum sive catallorum universam dotavit Ecclesiam per suum Regium Chirographum Ingulph Anno 855. which was the 18. of his Reign King Ethelwulph with the consent of his Prelates and Princes which ruled in England under him in their several Provinces did first enrich the Church of England with the Tithes of all his Lands and Goods by his Charter Royal. Ethelward an old Saxon and of the blood Royal doth express it thus b Decimavit de omni possessione sua in partem Domini in universo regimine Principatus sui sic constituit Ethelward He gave the Tithe of his possessions for the Lords own portion and ordered it to be so in all the parts of the Kingdom under his command Florence of Worcester in these words c Aethelwulphus Rex decimam totius Regni sui partem ab omni Regali servitio tributo liberavit in sempiterno Graphio in Cruce Christi pro Redemptione Animae suae Praedecessorum suorum uni trino Deo immolavit Florent Wigorn. King Ethelwolfe for the Redemption of his own soul and the souls of his Predecessors discharged the tenth part of his Realm of all Tributes and Services due unto the Crown and by his perpetual Charter signed with the sign of the Cross offered it to the three-one God Roger of Hovenden hath it in the self same words and Huntingdon more briefly thus d Totam terram suam propter amorem Dei Redemptionem ad opes Ecclesiarum decimavit Henr. Huntingd. That for the love of God and the redemption of his soul he tithed his whole Dominions to the use of the Church But what need search be made into so many Authors when the Charter it self is extant in old Abbot Ingulph and in Matthew of Westminster and in the Leiger Book of the Abbey of Abingdon which Charter being offered by the King on the Altar at Winchester in the presence of his Barons was received by the Bishops and by them sent to be published in all the Churches of their several Diocesses a clause being added by the King saith the Book of Abingdon That whosoever added to the gift e Qui augere voluerit nostram donationem augeat omnipotens Deus dies ejus prosperos siquis vero mutare vel minuere praesumpserit noscat se ad Tribunal Christi redditurum rationem nisi prius satisfactione emendaverit God would please to prosper and increase his days but that if any did presume to diminish the same he should be called to an account for it at Christs Judgment-seat unless he made amends by full satisfaction In which as in some other of the former passages as there is somewhat savouring of the errour of those darker times touching the merit of good works yet the authorities are strong and most convincing for confirmation of the point which we have in hand Now that the King charged all the Lands of the Kingdom with the payment of Tithes and not that only which he held in his own possession is evident both by that which was said before from Sir Edward Coke and by the several passages of the former Authors For if all the Lands in the Kingdom were the Kings Demesnes and the King conferred the Tithes of all his Lands on the Church of God it must follow thereupon that all the Lands of the Realm were charged with Tithes before they were distributed amongst the Barons for defence of the Kingdom And that the Lands of the whole Realm were thus charged with Tithes as well that which was parted in the hands of Tenants as that which was in the occupancy of the King himself the words before alledged do most plainly evidence where it is said that he gave the tenth of all his Lands as Ingulph the Tithe of his whole Land as Henry of Huntingdon the tenth part of his whole Kingdom as in Florence of Worcester the tenth part of the Lands throughout the Kingdom in the Charter it self And finally in the Book of Abingdon the Charter is ushered in with this following Title viz. Quomodo Ethelwolfus Rex dedit decimam partem regni sui Ecclesiis that is to say how Ethelwolf gave unto the Church the tenth part of his Kingdom This makes it evident that the King did not only give de facto the Tithe or the tenth part of his whole Realm to the use of the Clergy but that he had a right and a power to do it as being not only the Lord Paramount but the Proprietary of the whole Lands the Lords and great Men of the Realm not having then a property or estates of permanency but as accomptants to the King whose the whole land was And though it seems by Ingulph their consents were asked and that they gave a free consent to the Kings Donation yet was this but a matter of Form and not simply necessary their approbation and consent being only asked either because the King was not willing to do any thing to the disherison of his Crown without the liking and consent of the Peers or that having their consent and approbation they should be barred from pleading any Tenant-right and be obliged to stand in maintenance and defence thereof against all pretenders And this appears yet further by a Law of King Athelstanes made in the year 930 about which time not only the Prelates of the Church as formerly but the great Men of the Realm began to be setled in Estates of permanency and to claim a property in those Lands which they held of the Crown and claiming so begun it seems to make bold to subduct their Tithes For remedy whereof the King made this Law commanding all his Ministers throughout the Kingdom that in the first place they should pay the Tithes
which they had wrongfully received So little influence had the Presbyters in the essential parts of Ordination as that their bare reading of the words though required to it by the Bishop was adjudged enough not only to make them liable to the Churches Censure but also for their sakes to make void the Action Nay so severe and punctual was the Church herein that whereas certain Bishops of those times whether consulting their own case or willing to decline so great a burthen had suffered their Chorepiscopi aswell those which were simply Presbyters as such as had Episcopal Ordination for two there were to perform this Office Concil Gangrens Can. 13. Concil Antioch l. Can. 10. it was forbidden absolutely in the one limited and restrained in the other sort as by the Canons of the two ancient Synods of Gangra and Antioch doth at full appear It is true indeed that anciently as long for ought I know as there is any Monument or Record of true Antiquity the Presbyters have joyned their hands to and with the Bishops in the performance and discharge of this great Solemnity And hereof there are many evidences that affirm the same as well in matter of fact as in point of Law Saint Cyprian one of the ancientest of the Fathers which now are extant Cyprian Ep. 33. or l. 2. ep 5. affirms that in the ordination of Aurelius unto the Office of a Reader in the Church of Carthage he used the hands of his Colleagues Hunc igitur à me à Collegis qui praesentes aderant ordinatum sciatis as he reports the matter in a Letter to his charge at Carthage Where by Colleagues it is most likely that he means his Presbyters first because that Epistle was written during the time of his retreat and privacy what time it is not probable that any of his Suffragan Bishops did resort unto him and secondly because those words qui praesentes aderant are so conform unto the practice of that Church in the times succeeding For in the fourth Council of Carthage held in the year 401. Concil Car. 4. Can. 3. it was Decreed that when a Presbyter was ordained the Bishop blessing him and holding his hand upon his head etiam omnes Presbyteri qui praesentes sunt manus suas juxta manum Episcopi super caput illius teneant all the Presbyters which are present shall likewise lay their hands upon his head near the hands of the Bishop Id. Can. 12. And in the same Council it was further ordered that the Bishop should not ordain a Clergy-man sine consilio clericorum suorum without the counsel of his Clergy which also doth appear to be Cyprians practice in the first words of the Epistle before remembred But then it is as true withal that this conjunction of the Presbyters in the solemnities of this Act was rather ad honorem Sacerdotii quam essentiam operis more for the honour of the Priesthood than for the essence of the work Nor did the laying on of the Presbyters hands confer upon the party that was ordained any power or order but only testified their consent unto the business and approbation of the man according to the purpose and intent of the last of the two Canons before alledged And for the first Canon if you mark it well it doth not say that if there be no Presbyters in place the Bishop should defer the Ordination till they came but Presbyteri qui praesentes sunt if any Presbyters were present at the doing of it they should lay their hands upon his head near the Bishops hands So that however anciently in the purest times the Presbyters which were then present both might and did impose hands with the Bishop upon the man to be ordained and so concurred in the performance of the outward Ceremony yet the whole power of Ordination was vested in the person of the Bishop only as to the essence of the work And this appears yet further by some passages in the Civil Laws prescribed for the ordering of Ecclesiastical Ministers by which upon neglect or contempt thereof the Presbyters were not obnoxious unto punishment that joyned with the Bishop because they had no power to hinder what he meant to do But the Bishop only qui ordinat or qui ordinationem imponit he in whom rested the authority by laying on or by withholding of his hands either to frustrate or make good the action he was accomptable unto the Laws if he should transgress them for which consult Novell Constitut 123. Cited by B. Bilson c. 13. Sozomen Hist Eccl. l. 4. c. 23. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ca. 16. and Novell Constitut 6. And so it also stood in the Churches practice as appeareth plainly by the degradations of Basilius Eleusius and Elpidius three ancient Bishops because that amongst other things they had advanced some men unto holy Orders contrary to the Laws and Ordinances of the Church of which Elpidius was deposed on no other reason but on that alone Now had the Presbyters been agents in ordaining as well as the Bishop and the imposing of their hands so necessary that the business could not be performed without them there had been neither equity nor reason in it to let them scape Scot-free and punish the poor Bishops only for that in which the Presbyters were as much in fault Against all this I meet with no Objection in Antiquity but what hath casually been encountred in the former passages This present age doth yield one and a great one too which is the case of the Reformed Churches beyond the Seas who finding an aversness of the Bishops at the first to give them Orders unless they would desert the work of Reformation which they had in hand were fain to have recourse to Presbyters for their Ordinations in which estate they still continue That thus it was August Con. in fine appeareth by the Augustan Confession the Authors and Abettors of the which complain that the Bishop would admit none unto sacred Orders Nisi jurent se puram Evangelii Doctrinam nolle docere except they would be sworn not to Preach the Gospel according to the grounds and Principles of their Reformation For their parts they professed Non id agi ut dominatio excipiatur Episcopis that they had no intention to deprive the Bishops of their Authority in the Church but only that they might have liberty to Preach the Gospel and be eased of some few Rites and Ceremonies which could not be observed without grievous sin This if it could not be obtained and that a Schism did follow thereupon it did concern the Bishops to look unto it how they would make up their account to Almighty God So that the Bishops thus refusing to admit them into holy Orders which was the publique ordinary Door of entrance into the Ministery of the Church necessity compelled them at the last to enter in by private ways and impose hands on one another In which
to make sure work of it I must send Doctor Ames to school to Calvin who tells us on this Text of Moses non contexuit Moses historiam suo ordine sed narratione 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 interposita melius confirmat c. Indeed it could not well be otherwise interpreted For how could Aaron lay up a pot of Mannah to be kept before the Testimony when as yet there was neither Ark nor Tabernacle and so no Testimony before which to keep it To bring this business to an end Moses hath told us in the place before remembred Verse 35 that the children of Israel did eat Mannah forty years which is not otherwise true in that place and time in which he tells it but by the help and figure of anticipation And this St. Austin noted in his questions upon Exodus Qu. 62. significat scriptura per Prolepsin i. e. hoc loco commemorando quod etiam postea factum est And lastly where Amesius sets it down for certain that no man ever thought of an anticipation in this place of Moses Verse supra qui praejudicio aliquo de observatione diei Dominicae non prius fuit prius anticipatus who was not first possessed with some manifest prejudice against the sanctifying of the Lords day this cannot possibly be said against Tostatus who had no Enemy to encounter nor no opinion to oppose and so no prejudice We conclude then that for this passage of the Scripture we find not any thing unto the contrary but that it was set down in that place and time by a plain and meer anticipation and doth relate unto the time wherein Moses wrote And therefore no sufficient warrant to setch the institution of the Sabbath from the first beginnings One only thing I have to add and that 's the reason which moved Moses to make this mention of the Sabbath even in the first beginning of the Book of God and so long time before the institution of the same Which doubtless was the better to excite the Jews to observe that day from which they seemed at first to be much averse and therefore were not only to be minded of it by a Memento in the front of the Commandment but by an intimation of the equity and reason of it even in the entrance of Gods Book derived from Gods first resting on that day after all his works Theodoret hath so resolved it in his Questions on the Book of Genesis Maxime autem Judaeis ista scribens necessario posuit hoc sanctificavit eum Qu. 21. ut majore cultu prosequantur Sabbatum Hoc enim in legibus sanciendis inquit sex diebus creavit Deus c. I say an intimation of the Equity and Reason of it for that 's as much as can be gathered from that place though some have laboured what they could to make the sanctifying of the seventh day therein mentioned a Precept given by God to our Father Adam touching the sanctifying of that day to his publick worship Of this I shall not now say much because the practice will disprove it Only I cannot but report the mind and judgment of Pererius a learned Jesuit Who amongst other reasons that he hath alledged to prove the observation of the Sabbath not to have taken beginning in the first infancy of the World makes this for one that generally the Fathers have agreed on this Deum non aliud imposuisse Adamo praeceptum omnino positivum nisi illud de non edendo fructu arboris scientiae c that God imposed no other Law on Adam than that of the forbidden fruit of the Tree of knowledg Of which since he hath instanced in none particularly I will make bold to lay before you some two or three that so out of the mouths of two or three witnesses the truth hereof may be established And first we have Tertullian who resolves it thus Adv. Judaeos Namque in principio mundi ipsi Adae Evae legem dedit c. In the beginning of the World the Lord commanded Adam and Eve that they should not eat of the fruit of the tree which is in the midle of the Garden Which Law saith he had been sufficient for their justification had it been observed For in that Law all other Precepts were included which afterwards were given by Moses St. Basil next who tells us first De jejunio that abstinence or fasting was commanded by the Lord in Paradise And then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. the first Commandment given by God to Adam was that he should not eat of the Tree of knowledg The very same which is affirmed by St. Ambrose in another language Et ut sciamus non esse novum jejunium primam illic legem Lib. de Elia jejunio c. 3. i. e. in Paradise constituit de jejunio So perfectly agree in this the greatest lights both of African the Eastern and the Western Churches If so if that the law of abstinence had been alone sufficient for the justification of our Father Adam as Tertullian thinks or if it were the first Law given by God unto him as both St. Basil and St. Ambrose are of opinion then was there no such Law at all then made as that of sanctifying of the Sabbath or else not made according to that time and order wherein this passage of the Scripture is laid down by Moses And if not then there is no other ground for this Commandment in the Book of God before the wandring of Gods people in the Wilderness and the fall of Mannah A thing so clear that some of those who willingly would have the Sabbath to have been kept from the first Creation and have not the confidence to ascribe the keeping of it to any Ordinance of God but only to the voluntary imitation of his people And this is Torniellus way amongst many others Anno 236. who though he attribute to Enos both set Forms of Prayer and certain times by him selected for the performance of that Duty praecipue vero diebus Sabbati In die 7. especially upon the Sabbath yet he resolves it as before that such as sanctified that day if such there were non ex praecepto divino quod nullum tunc extabat sed ex pietate solum id egisse Of which opinion Mercer seems to be as before I noted So that in this particular point the Fathers and the Modern Writers the Papist and the Protestant agree most lovingly together Much less did any of the Fathers or other ancient Christian Writers conceive that sanctifying of the Sabbath or one day in seven was naturally ingrafted in the mind of man from his first creation It 's true they tell us of a Law which naturally was ingrafted in him So Chrysostom affirms that neither Adam In Rom. 7.12 hom 12. nor any other man did ever live without the guidance of this Law and that it was imprinted in the soul of man
and Children and with all his substance and that he went but easily according as the Cattel and the Children were able to endure yet he went forwards still without any resting Otherwise Laban who heard of his departure on the third day and pursued after him amain must needs have overtaken him before the seventh Now for the rest of Jacobs time when he was setled in the Land appointed for him and afterwards removed to Egypt See n. 5. of this Chapter we must refer you unto Justin Martyr and Eusebius whereof one saith expresly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that he kept no Sabbath the other makes him one of those which lived without the Law of Moses whereof the Sabbath was a part Having brought Jacob into Egypt we should proceed to Joseph Moses and the rest of his off-spring there but we will first take Job along as one of the posterity of Abraham that after we may have the more leisure to wait upon the Israelites in that house of bondage I say as one of the posterity of Abraham the fifth from Abraham Demonstr l. 1. c. 6. so Eusebius tells us who saith moreover that he kept no Sabbath What saith he shall we say of Job that just that pious that most blameless man What was the rule whereby be squared his life and governed his devotions Was any part of Moses Law Not so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Was any keeping of the Sabbath or observation of any other Jewish order How could that be saith he considering that he was ancienter than Moses and lived before his Law was published For Moses was the seventh from Abraham and Job the eighth So far Eusebius And Justin Martyr also joyns him with Abraham and his Family as men that took not heed of New Moons or Sabbaths whereof see before n. 5. 2. Edit p. 14. I find indeed in Dr. Bound that Theodore Beza on his own Authority hath made Job very punctual in sanctifying septimum saltem quemque diem every seventh day at least as God saith he from the beginning had appointed But I hold Beza not a fit match for Justin and Eusebius nor to be credited in this kind when they say the contrary considering in what times they lived and with whom they dealt And now we come at last unto the Israelites in Egypt from Joseph who first brought them thither to Moses who conducted them in their flight from thence and so unto the body of the whole Nation Dem. l. 1. c. 6. For Joseph first Eusebius first tells us in the general that the same institution and course of life which by the Ordinance of Christ was preached unto the Gentiles had formerly been commended to the ancient Patriarchs particular instances whereof he makes Melchisedech and Noah and Enoch and Abraham till the time of Circumcision And then it follows 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That Joseph in the Court of Egypt long time before the Law of Moses lived answerably to those ancient patterns and not according as the Jews Nay he affirms the same of Moses 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the very Law-giver himself the Chieftain of the Tribes of Israel As for the residue of the People we can expect no more of them that they lived in bondage under severe and cruel Masters who called upon them day by day to fulfil their tasks See Exod. 5. v. 5. 14. De vita Mosis lib. 1. and did expostulate with them in an heavy manner in case they wanted of their Tale. The Jews themselves can best resolve us in this point And amongst them Philo doth thus describe their troubles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. The Taskmasters or Overseers of the works were the most cruel and unmerciful men in all the Country who laid upon them greater tasks than they were able to endure inflicting on them no less punishment than death it self if any of them yea though by reason of infirmity should withdraw himself from his daily labour Some were commanded to employ themselves in the publick structures others in bringing in materials for such mighty buildings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 never enjoying any rest either night or day that in the end they were even spent and tired with continual travel Antiqu. Jud. lib. 2. c. 5. Josephus goes a little further and tells us this that the Egyptians did not only tire the Israelites with continual labour 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but that the Israelites endevoured to perform more than was expected Assuredly in such a woful state as this they had not leave nor leisure to observe the Sabbath And lastly Rabbi Maimony makes the matter yet more absolute Apud Ryvit in Deealog who saith it for a truth that when they were in Egypt neque quiescere vel sabbatum agere potuerunt they neither could have time to rest nor to keep the Sabbath seeing they were not then at their own disposing So he ad Deut. 5.15 Indeed it easily may be believed that the People kept no Sabbath in the Land of Egypt seeing they could not be permitted in all that time of their abode there to offer sacrifice which was the easier duty of the two and would less have taken them from their labours Those that accused the Israelites to have been wanton lazy and I know not what because they did desire to spend one only day in religious exercises What would they not have done had they desisted every seventh day from the works imposed upon them Doubtless they had been carried to the house of Correction if not worse handled I say in all that time they were not permitted to offer sacrifice in that Countrey and therefore when they purposed to escape from thence they made a suit to Pharaoh Exod. 8. that he would suffer them to go three days journey into the Wilderness to offer sacrifice there to the Lord their God Rather than so Pharaoh was willing to permit them for that once to sacrifice unto the Lord in the Land of Egypt And what said Moses thereunto It is not meet saith he so to do For we shall sacrifice the abomination of the Egyptians to the Lord our God Vers 26 before their eyes and they will stone us His reason was because the Gods of the Egyptians were Bulls and Rams and Sheep and Oxen Vers 26 as Lyra notes upon that place talia verò animalia ab Hebraeis erant immolanda quod non permisissent Aegyptii in terra sua And certainly the Egyptians would not endure to see their Gods knocked down before their faces If any then demand wherein the Piety and Religion of Gods People did consist especially we must needs answer that it was in the integrity and honesty of their conversation Adv. haeres l. 1 har 5. and that they worshipped God only in the spirit and truth Nothing to make it known that they were Gods people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but only that they feared the Lord
was Thursday following they were advanced so far as to the Wilderness of Sinai I say the third day of the third month For where the Text hath it Exod. 19.1 In the third month when the Children of Israel were gone forth out from Egypt the same day came they into the Wilderness of Sinai by the same day is meant the same day of the month which was the third day Exod. 19. ver 3.10 11. being Thursday after our Account The morrow after went Moses up unto the Lord and had commandment from him to sanctifie the people that day and to morrow and to make them ready against the third day God meaning on that day to come down in the eyes of all the People in Mount Sinai and to make known his Will unto them Verse 17 That day being come which was the Saturday or Sabbath the people were brought out of the Camp to meet with God and placed by Moses at the nether part of the Mountain Moses ascending first to God and descending after to the people to charge them that they did not pass their bounds before appointed It seems the Sabbath rest was not so established Verse 21 but that the people had been likely to take the pains to climb the Mountain and to behold the Wonders which were done upon it had they not had a special charge unto the contrary Things ordered thus it pleased the Lord to publish and proclaim his Law unto the people in Thunder Smoak and Lightnings and the noise of a Trumpet using therein the Ministery of his holy Angels which Law we call the Decalogue or the ten Commandments and contains in it the whole Moral Law or the Law of Nature This had before been naturally imprinted in the minds of men however that in tract of Time the character thereof had been much defaced so dimmed and darkened that Gods own people stood in need of a new impression and therefore was proclaimed in this solemn manner that so the letter of the Law might leave the clearer stamp in their affections A Law which in it self was general and universal equally appertaining both to Jew and Gentile Rom. 2.14 the Gentiles which know not the Law doing by nature the things contained in the Law as S. Paul hath told us but as at this time published on Mount Sinai and as delivered to the people by the hand of Moses they obliged only those of the house of Israel Zanchius hath so resolved it amongst the Protestants not to say any thing of the School-men who affirm the same De Redempti l. 1. c. 11. Th. 1. ut Politicae ceremoniales sic etiam morales leges quae Decalogi nomine significantur quatenus per Mosen traditae fuerunt Israelitis ad nos Christianos nihil pertinent c. As neither the Judicial nor the Ceremonial so nor the Moral Law contained in the Decalogue doth any way concern us Christians as given by Moses to the Jews but only so far forth as it is consonant to the Law of Nature which binds all alike and after was confirmed and ratified by Christ our King His reason is because that if the Decalogue as given by Moses to the Jews did concern the Gentiles the Gentiles had been bound by the fourth Commandment to observe the Sabbath in as strict a manner as the Jews Cum vero constet ad hujus diei sanctificationem nunquam fuisse Gentes obligatas c. Since therefore it is manifest that the Gentiles never were obliged to observe the Sabbath it followeth that they neither were nor possibly could be bound to any of the residue as given by Moses to the Jews We may conclude from hence that had the fourth Commandment been meerly Moral it had no less concerned the Gentiles than it did the Israelites For that the fourth Commandment is not of the same condition with the rest is no new invention the Fathers jointly so resolve it It 's true that Irenaeus tells us how God Lib. 4. cap. 31. the better to prepare us to eternal life Decalogi verba per semetipsum omnibus similiter locutus est did by himself proclaim the Decalogue to all people equally which therefore is to be in full force amongst us as having rather been inlarged than dissolved by our Saviours coming in the flesh Which words of Irenaeus if considered rightly must be referred to that part of the fourth Commandment which indeed is Moral or else the fourth Commandment must not be reckoned as a part or member of the Decalogue because it did receive no such enlargement as did the rest of the Commandments by our Saviours preaching whereof see Matth. 5.6 and 7 Chapters but a dissolution rather by his practice Dial. cum Triphone Justin the Martyr more expresly in his dispute with Trypho a learned Jew maintains the Sabbath to be only a Mosaical Ordinance as we shall see anon more fully and that it was imposed upon the Israelites 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because of their hard heartedness and irregularity Contra Judaeos Tertullian also in his Treatise against the Jews saith that it was not spirituale aeternum mandatum sed temporale quod quandoque cessaret not a spiritual and eternal Institution but a temporal only Saint Austin yet more fully that it is no part of the Moral Law In Epistola ad Galat. For he divides the Law of Moses into these two parts Sacraments and Moral Duties accounting Circumcision the new Moons Sabbaths and the Sacrifices to appertain unto the first ad mores autem non occides c. and these Commandments Thou shalt not kill nor commit adultery nor bear false witness and the rest De spiritu lit c. 11. to be contained within the scond Nay more he tells us that Moses did receive a Law to be delivered to the people writ in two Tables made of stone by the Lords own finger wherein was nothing to be found either of Circumcision or the Jewish Sacrifices And then he adds In illis igitur decem praeceptis ecceepta Sabbati observatione dicatur mihi quid non sit observandum à Christiano Tell me saith he what is there in the Decalogue except the observation of the Sabbath day which is not carefully to be observed of a Christian man To this we may refer all those several places wherein he calls the fourth Commandment praeceptum figuratum in umbra positum a Sacrament a shadow and a figure as Tract the third in Joh. 1. and Tract 17. and 20. in Joh. 5. ad Bonifac. l. 3. T. 7. contra Faust Manich. l. 19. c. 18. the 14th Chapter of the Book de spiritu lit before remembred and finally to go no further Qu. in Exod. l. 2. qu. 173. where he speaks most home and to the purpose Ex decem praeceptis hoc solum figurate dictum est Of all the ten Commandments this only was delivered as a sign or figure See also
so many manners of work as that day they did However as it was our blessed Saviour did account these works of theirs to be a publick prophanation of the Sabbath day Read ye not in the Law saith he Math. 12.5 how that upon the Sabbath days the Priests in the Temple do prophane the Sabbath Yet he deelared withal that the Priests were blameless in that they did it by direction from the God of Heaven The Sabbath then was daily broken but the Priest excusable For Fathers that affirm the same see Justin Martyr dial qu. 27. ad Orthod Epiphan l. 1. haer 19. n. 5. Hierom. in Psal 92. Athanas de Sabb. Circumcis Aust in Qu. ex N. Test 61. Isidore Pelusiot Epl. 72. l. 1. and divers others These were the Offices of the Priest on the Sabbath day and questionless they were sufficient to take up the time Of any other Sabbath duties by them performed at this present time there is no Constat in the Scripture no nor of any place as yet designed for the performance of such other duties as some conceive to appertain unto the Levites That they were scattered and dispersed over all the Tribes is indeed most true The Curse of Jacob now was become ' a blessing to them Forty-eight Cities had they given them for their inheritance whereof thirteen were proper only to the Priests besides their several sorts of Tithes and what accrewed unto them from the publick sacrifices to an infinite value Yet was not this dispersion of the Tribe of Levi in reference to any Sabbath duties that so they might the better assist the People in the solemnities and sanctifying of that day The Scripture tells us no such matter The reasons manifested in the word were these two especially First that they might be near at hand to instruct the People Levit. 10.10 11. and teach them all the Statutes which the Lord had spoken by the hand of Moses as also to let them know the difference between the holy and unholy the unclean and clean Many particular things there were in the Law Levitical touching pollutions purifyings and the like legal Ordinances which were not necessary to be ordered by the Priests above those that attended at the Altar and were resorted to in most difficult cases Therefore both for the Peoples ease and that the Priests above might not be troubled every day in matters of inferiour moment the Priests and Levites were thus mingled amongst the Tribes A second reason was that there might be as well some nursery to train up the Levites until they were of Age fit for the service of the Tabernacle as also some retirement unto the which they might repair when by the Law they were dismissed from their attendance The number of the Tribe of Levi in the first general muster of them from a month old and upwards was 22000. just out of which number all from 30 years of age to 50. being in all 8580 persons were taken to attend the publick Ministery The residue with their Wives and Daughters were to be severally disposed of in the Cities allotted to them therein to rest themselves with their goods and cattel and do those other Offices above remembred Which Offices as they were the works of every day so if the People came unto them upon the Sabbaths or New-moons as they did on both to be instructed by them in particular cases of the Law 2 King 23. no doubt but they informed them answerably unto their knowledge But this was but occasional only no constant duty Indeed it is conceived by Master Samuel Purchas on the authority of Cornelius Bertram Pilg. almost as modern as himself That the forty-eight Cities of the Levites had their fit places for Assemblies and that thence the Synagogues had their beginnings Which were it so it would be no good argument that in those places of Assemblies the Priests and Levites publickly did expound the Law unto the People on the Sabbath days as after in the Synagogues For where those Cities were but four in every Tribe one with another the People must needs travel more than six furlongs which was a Sabbath days journey of the largest measure as before we noted or else that nice restriction was not then in use And were it that they took the pains to go up unto them yet were not those few Cities able to contain the multitudes When Joab not long after this did muster Israel at the command of david 2 Sam. 24. he found no fewer than thirteen hundred thousand fighting men Suppose we then that unto every one fighting man there were three old Men Women and Children fit to hear the Law as no doubt there were Put these together and it will amount in all to two and fifty hundred thousand Now out of these set by four hundred thousand for Hierusalem and the service there and then there will remain one hundred thousand just which must owe suit and service every Sabbath day to each several City of the Levites Too vast a number to be entertained in any of their Cities and much less in their synagogues had each house been one So that we may resolve for certain that the dispersion of the Levites over all the Tribes had no relation hitherto unto the reading of the Law or any publick Sabbath duties CHAP. VII Touching the keeping of the SABBATH from the time of David to the Maccabees 1. Particular necessities must give place to the Law of Nature 2. That Davids flight from Saul was upon the Sabbath 3. What David did being King of Israel in ordering things about the Sabbath 4. Elijahs flight upon the Sabbath and what else hapned on the Sabbath in Elijah's time 5. The limitation of a Sabbath days journey not known amongst the Jews when Elisha lived 6. The Lord become offended with the Jewish Sabbaths and on what occasion 7. The Sabbath entertained by the Samaritans and their strange niceties therein 8. Whether the Sabbaths were observed during the Captivity 9. The special care of Nehemiah to reform the Sabbath 10. The weekly reading of the Law on the Sabbath days begun by Ezra 11. No Synagogues nor weekly reading of the Law during the Government of the Kings 12. The Scribes and Doctors of the Law impose new rigours on the People about their Sabbaths THUS have we traced the Sabbath from the Mount to Silo the space of forty five years or thereabouts wherein it was observed sometimes and sometimes broken broken by publick order from the Lord himself and broken by the publick practice both of Priest and People No precept in the Decalogue so controuled and justled by the legal Ceremonies forced to give place to Circumcision because the younger and to the legal Sacrifices though it was their elders and all this while no blame or imputation to be laid on them that so prophaned it Men durst not thus have dallied with the other nine no nor with this neither had it
been a part of the Law of nature Yet had the Sabbath been laid by in such cases only wherein the Lord had specially declared his will and pleasure that these and these things should be done upon it or preferred before it there was less reason of complaint But we shall see in that which followed that the poor Sabbath was inforced to yield up the place even to the several necessities and occasions of particular men and that without Injunction or Command from the Court of Heaven This further proves the fourth Commandment as far as it concerns the time Ryvet in Deca one whole day of seven to be no part nor parcel of the law of Nature for if it were the law of Nature it were not dispensable no not in any exigent or distress whatever Nullum periculum suadet ut quae ad legem naturalem directe pertinent infringamus No danger saith a modern Writer is to occasion us to break those bonds wherewith we are obliged by the law of Nature Nor is this only Protestant Divinity Aquinas 1.2 ae qu. 100. art 9. Qu. ex N. Test 61. for that Praecepta decalogi omnino sint indispen sabilia is a noted maxim of the School-men And yet it is not only School Divinity for the Fathers taught it It is a principle of Saint Austins Illud quod omnino non licet semper non licet nec aliqua necessitate mitigatur ut admissum non obsit est enim semper illicitum quod legibus quia criminosum est prohibetur That saith the Father which is unlawful in it self is unlawful always nor is there any exigent or extremity that can so excuse it being done but that it makes a man obnixious unto Gods displeasure For that is always to be reckoned an unlawful thing which is forbidden by the Law because simply evil So that in case this rule be true as no doubt it is and that the fourth Commandment prohibiting all manner of work on the Sabbath day as simply evil be to be reckoned part of the Moral Law they that transgress this Law in what case soever are in the self-same state with those who to preserve their lives or fortunes renounce their Faith in God and worship Idols which no man ought to do no though it were to gain the World For what will it profit a man to gain the world and to lose his soul But sure the Jews accounted not the Sabbath of so high a nature as not to venture the transgressing of that Law if occasion were Whereof or of the keeping it we have no monument in Scripture till we come to David The residue of Josuah and the Book of Judges give us nothing of it Nor have we much in the whole story of the Kings but what we have we shall present unto you in due place and order And first for David we read in Scripture how he stood in fear of Saul his Master how in the Festival of the New-moon his place was empty 1 Sam. 20. how Saul became offended at it and publickly declared his malicious purpose which in his heart he had before conceived against him On the next morning Jonathan takes his Bow and Arrows goes forth a shooting takes a Boy with him to bring back his Arrows and by a signal formerly agreed between them gives David notice that his Father did seek his life David on this makes haste and came to Nob unto Abimelech the Priest and being an hungry desires some sustenance at his hands The Priest not having ought else in readiness sets the Shew-hread before him which was not lawful for any man to eat but the Priest alone Now if we ask the Fathers of the Christian Church what day this was on which poor David fled from the face of Saul they answer that it was the Sabbath Saint Athanasius doubtingly with a peradventure Hom. de semente 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 most likely that it was the Sabbath His reason makes the matter surer than his resolution The Jews saith he upbraid our Saviour that his Disciples plucked the ears of Corn on the Sabbath day to satisfie which doubt he tells them what was done by David on a Sabbath also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as that Father hath it Saint Hierom tells us that the day whereon he fled away from Saul was both a Sabbath and New-moon In Math. 12. ad sabbati solennitatem accedebant neomeniarum dies Indeed the story makes it plain it could be no other The Shew-bread was changed every Sabbath in the morning early that which was brought in new not to be stirred off from the Table till the Week was out the other which was taken away being appropriated to the Priests and to be eaten by them only Being so stale before we may be easier think it lay not long upon their hands and had not David come as he did that morning perhaps he had not found the Priest so well provided in the afternoon Had David thought that breaking of the Sabbath in what case soever had been a sin against the eternal Law of Nature he would no doubt have hid himself that day in the Field by the stone Ezel as he had done two days before rather than so have run away 1 Sam. 20. Verse 19.24 as well from God as from the King Especially considering that on the Sabbath day he might have lurked there with more safety than before he did none being permitted as some say by the Law of God to walk abroad that day if occasion were Neither had David passed it over in so light a manner had he done contrary to the Law That heart of his which smote him for his Murder and Adultery and for his numbring of the People would sure have taken some impression upon the breaking of the Sabbath had he conceived that Law to be like the rest But David knew of no such matter neither did Jonathan as it seems For howsoever Davids fact might be excused by reason of the imminent peril yet surely Jonathans walking forth with his Bow and Arrows was of a very different nature Nor did he do it fearfully and by way of stealth as if he were affraid to avow the action but took his Page with him to bring back his Arrows and called aloud unto him to do thus and thus according as he was directed as if it were his usual custom Jonathan might have thought of some other way to give advertisement unto David of his Fathers anger rather than by a publick breaking of the Sabbath to provoke the Lord. But then as may from hence be gathered shooting and such like manlike Exercises were not accounted things unlawful on the Sabbath day This act and flight of Davids from the face of Saul hapned in Torniellus computation Anno 2974 and forty six years after that being 3020 of the Worlds Creation and the last year of Davids life he made a new division of the sons of Levi. For where
one other Reading of it publickly and before the people related in the thirteenth of Nehemiah when it was neither Feast of Tabernacles nor sabbatical year for ought we find in holy Scripture Therefore most like it is that it was the Sabbath which much about those times began to be ennobled with the constant reading of the Word in the Congregation First in Hierusalem and after by degrees in most places else as men could fit themselves with convenient Synagogues Houses selected for that purpose to hear the Word of God and observe the same Of which times and of none before those passages of Philo and Josephus before remembred Chap. 6. n. 4. touching the weekly reading of the Law and the behaviour of the people in the publick places of Assembles are to be understood and verified as there we noted For that there was no Synagogue nor weekly reading of the Law before these times besides what hath been said already we will now make manifest No Synagogue before these times for there is neither mention of them in all the body of the old Testament nor any use of them in those days wherein there were no Congregations in particular places And first there is no mention of them in the old Testament For where it is supposed by some that there were Synagogues in the time of David and for the proof thereof they produce these words Psal 74.8 they have burnt up all the Synagogues of God in the Land the supposition and the proof are alike infirm For not to quarrel the Translation which is directly different from the Greek and vulgar Latine and somewhat from the former English this Psalm if writ by David was not composed in reference to any present misery which fefell the Church There had been no such havock made thereof in all Davids time as is there complained of Therefore if David writ that Psalm he writ it as inspired with the spirit of Prophecy and in the spirit of Prophecy did reflect on those wretched times wherein Antiochus laid waste the Church of God and ransacked his inheritance To those most probably must it be referred the miseries which are there bemoaned not being so exactly true in any other time of trouble as it was in this Magis probabilis est conjectura ad tempus Antiochi referri has querimonias as Calvin notes it In Psal 74. And secondly there was no use of them before because no reading of the Law in the Congregation of ordinary course and on the Sabbath days For had the Law been read unto the people every Sabbath day we either should have found some Commandment for it or some practice of it but we meet with neither Rather we find strong arguments to persuade the contrary We read it of Jehosaphat 2 Chron. 17.7 that in the third year of his reign he sent his Princes Ben-hail and Obadiah and Zechariah and Nathaneel and Micaiah to teach in the Cities of Judah These were the principal in Commission and unto them he joyned nine Levites and two Priests to bear them company and to assist them It followeth And they taught in Judah Verse 9. and had the book of the Law of the Lord with them and they went about throughout all the Cities of Judah and taught the people And they taught in Judah and had the Book of the Law with them This must needs be a needless labour in case the people had been taught every Sabbath day or that the Book of the Law had as then been extant and extant must it be if it had been read in every Town and Village over all Judaea Therefore there was no Synagogue no reading of the Law every Sabbath day in Jehosaphats time But that which follows of Josiah is more full than this 2 Kings 12. That godly Prince intended to repair the Temple and in pursuit of that intendment Hilkiah the Priest to whom the ordering of the work had been committed found hidden an old Copy of the Law of God which had been given unto them by the hand of Moses This Book is brought unto the King and read unto him And when the King had heard the words of the Law he rent his cloths And not so only Verse 11. Chap. 23.1 2. but he gathered together all the Elders of Judah and Hierusalem and read in their ears all the words of the Book of the Covenant which was found in the house of the Lord. Had it been formerly the custom to read the Law each Sabbath unto all the people it is not to be thought that this good King Josiah could possibly have been such a stranger to the Law of God or that the finding of the Book had been related for so strange an accident when there was scarce a Town in Judah but was furnished with them Or what need such a sudden calling of all the Elders and on an extraordinary time to hear the Law if they had heard it every Sabbath and that of ordinary course Nay so far were they at this time from having the Law read amongst them every weekly Sabbath that as it seems it was not read amongst them in the sabbath of years as Moses had before appointed For if it had been read unto them once in seven years only that vertuous Prince had not so soon forgotten the contents thereof Therefore there was no Synagogue no weekly reading of the Law in Josiabs days And if not then and not before then not at all till Ezras time The finding of the Book of God before remembred is said to happen in the year 3412. of the Worlds Creation not forty years before the people were led Captives into Babylon in which short space the Princes being careless and the times distracted there could be nothing done that concern'd this business Now from this reading of the Law in the time of Ezra unto the Council holden in Hierusalem there passed 490 years or thereabouts Acts 15.21 Antiquity sufficient to give just cause to the Apostle there to affirm that Moses in old time in every City had them that preached him being read in the Synagogues every Sabbath day So that we may conclude for certain that till these times wherein we are there was no reading of the Law unto the people on the Sabbath days and in these times when it was taken up amongst them it was by Ecclesiastical institution only no divine Authority But being taken up on what ground soever it did continue afterwards though perhaps sometimes interrupted until the final dissolution of that Church and State and therewithal grew up a liberty of interpretation of the holy words which did at last divide the people into sects and factions Petrus Cunaeus doth affirm that howsoever the Law was read amongst them in the former times either in publick or in private De repub l. 2. ca. 17. yet the bare Text was only read without gloss or descant Interpretatio magistrorum commentatio nulla But in
the right meaning of it that for the residue of time wherein it was to be in force they might no longer be misled by the Scribes and Pharisees and such blind guides as did abuse them Thus have I briefly summed together what I find scattered in the Writings of the ancient Fathers which who desires to find at large may look into Irenaeus li. 4. ca. 19. 20. Origen in Num. hom 23. Tertul. li. 4. contr Marcion Athanas hom de Semente p. 1061. 1072. edit gr lat Victor Antioch cap. 3. in Marcum Chrysost hom 39. in Matth. 12. Epiphan li. 1. haeres 30. n. 33. Hierom in Matth. 12. Ambros in cap. 3. Luk. li. 3. Augustin cont Faustum li. 16. ca. 28. lib. 19. ca. 9. to descend no lower With one of which last Fathers savings Cont. Adimant ca. 2. we conclude this list Non ergo Dominus rescindit Scripturam Vet. Test sed cogit intelligi Our Saviours purpose saith the Father was not to take away the Law but to expound it Not then to take away the Law it was to last a little longer He had not yet pronounced Consummatum est that the Law was abrogated Nor might it seem so proper for him to take away one Sabbath from us which was rest from labour until he had provided us of another which was rest from sin And to provide us such a Sabbath was to cost him dearer than words and arguments He healed us by his Word before Now he must heal us by his stripes or else no entrance into his Rest the eternal Sabbath Besides the Temple stood as yet and whiles that stood or was in hope to be rebuilt there was no end to be expected of the legal Ceremonies The Sabbath and the Temple did both end together and which is more remarkable on a Sabbath day The Jews were still sick of their old Disease and would not stir a foot on the Sabbath day beyond their compass no though it were to save their Temple and in that their Sabbath or whatsoever else was most dear unto them Nay they were more superstitious now than they were before For whereas in the former times it had been thought unlawful to take Arms and make War on the Sabbath day Joseph de bello li. 4. ca. 4. unless they were assaulted and their lives in danger now 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it was pronounced unlawful even to treat of peace A fine contradiction Agrippa layed this home unto them when first they entertained a rebellious purpose against the Romans Id. li. 2. c. 16. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. If you observe the custom of the Sabbaths and in them do nothing it will be no hard matter to bring you under for so your Ancestors found in their Wars with Pompey who ever deferred works until that day wherein his Enemies were idle and made no resistance 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. If on the other side you take Arms that day then you transgress your Countrey laws your selves and so I see no cause why you should rebel Where note Agrippa calls the Sabbath a Custom and their Countrey law which makes it evident that they thought it not any Law of Nature Now what Agrippa said did in fine fall out the City being taken on the Sabbath day as Jos Scaliger computes it or the Parasceve of the Sabbath as Rab. Joses hath determined Most likely that it was on the Sabbath day it self For Dion speaking of this War Lib. 66. and of this taking of the City conclude it thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hierusalem saith he was taken on the Saturday which the Jews most reverence till this day Thus fell the Temple of the Jews and with it all the Ceremonies of the Law of Moses Demonst l. 1. c. 6. Since when according as Eusebius tells us 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. It is not lawful for that people either to sacrifice according to the Law or to build a Temple or erect an Altar to consecrate their Priests or anoint their Kings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or finally to hold their solemn Assemblies or any of their Festivals ordained by Moses For that the Sabbath was to end with other legal Ceremonies is by this apparent first that it was an institute of Moses and secondly an institute peculiar to the Jewish Nation both which we have already proved and therefore was to end with the Law of Moses and the state of Jewry Fathers there be good store which affirm as much some of the which shall be produced to express themselves that we may see what they conceived of the abrogation of the Sabbath And first for Justin Martyr it is his chief scope and purpose in his Conference with Tyrpho Dial. cum Trypbon to make it manifest and unquestionable that as there was no use of Circumcision before Abrahams time not of the Sabbath until Moses 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so neither is there any use of them at this present time that as it took beginning them so it was now to have an end Adv. Marc. l. 2. Tertullian in his Argument against the Marcionites draws out this conclusion Ad tempus praesentis causae necessitatem convaluisse non ad perpetui temporis observationem that God ordained the Sabbath upon special reasons and as the times did then require Hom. de Sab. circum not that it should continue always St. Athanasius thus discourseth When God saith he had finished the first Creation he did betake himself to rest 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. and therefore those of that Creation did celebrate their Sabbath on the seventh day But the accomplishment of the new-Creature hath no end at all and therefore God still worketh as the Gospel teacheth Hence it is that we keep no Sabbath as the Antients did expecting an eternal Sabbath which shall have no end That of St. Ambrose Synagoga diem observat Ecclesia immertalitatem comes most near to this Epist 72. l. 9. But he that speaks most fully to this point is the great St. Austin what he saith shall be delivered under three several Heads First that the Sabbath is quite abrogated Tempore gratiae revelatae observatio illa Sabbati quae unius diei vacatione figurabatur ablata est ab observatione fidelium The keeping of the Sabbath is taken utterly away in this time of Grace De Gen. ad lit l. 4. c. 13. See the like ad Bonifac. l. 3. Tom. 7. contr Faust Man l. 6. c. 4. Qu. ex N. Test 69. Secondly that the Sabbath was not kept in the Church of Christ In illis decem praeceptis excepta sabbati observatione dicatur mihi quid no non sit observandum à Christiano de sp lit c. 14. What is there saith the Father in all the Decalogue except the keeping of the Sabbath which is not punctually to be observed of every Christian More of the like occurs de Genesi contr
joyn'd together So whereas those of the Monastick life did use to solemnize the Eve or Vigils of the Lords day and of other Festivals with the peculiar and preparatory service to the day it self that profitable and pious custom began about these times to be taken up and generally received in the Christian Church Of this there is much mention to be found in Cassian as Institut lib. 2. cap. 18. l. 3. c. 9. Collat. 21. c. 20. and in other places This gave the hint to Leo and St. Austin if he made the Sermon to make the Eve before a part or parcel of the day because some part of the Divine Offices of the day were begun upon it And hence it is that in these Ages and in those that followed but in none before we meet with the distinction of matutinae vespertinae precationes Mattins and Evensong as we call it the Canons of the Church about these times beginning to oblige men to the one as well as formerly to the other The Council held in Arragon Conc. Tartaconens Can. 7. hereupon ordained Vt omnis clerus die Sabbati ad vesperam paratus sit c. That all the Clergy be in readiness on the Saturday vespers that so they may be prepared with the more solemnity to celebrate the Lords day in the Congregation And not so only sed ut diebus omnibus vesperas matutinas celebrent but that they diligently say the morning and the evening service every day continually So for the mattins on the Sunday Gregory of Tours informs us of them Motum est signum ad matutinas Erat enim dies dominica how the Bell rung to mattins for it was a Sunday I have translated it the Bell according to the custom of these Ages whereof now we write wherein the use of Bells was first taken up for gathering of the people to the house of God there being mention in the Life and History of St. Loup or Lupus Baron Ann. Anno 614. who lived in the fifth Century of a great Bell that hung in the Church of Sens in France whereof he was Bishop ad convocandum populum for calling of the congregation Afterwards they were rung on the holy-day Eves to give the people notice of the Feast at hand and to advertise them that it was time to leave off their businesses Solebant vesperi initia feriarum campanis praenunciare so he that wrote the life of Codegundut Well then the Bells are rung and all the people met together what is expected at their hands That they behave themselves there like the Saints of God in fervent Prayers in frequent Psalms and Hymns and spiritual Songs hearing Gods holy Word receiving of the Sacraments These we have touched upon before as things that had been always used from the beginnings of the Church Collections for the poor had been sometimes used on this day before but now about these times the Offertory began to be an ordinary part of Gods publick Worship Pope Leo seems to intimate it in his fifth Sermon de collectis Et quia die dominico proxima futura est collectio vos omnes voluntariae devotioni praeparare c. and gives them warning of it that they may be ready For our behaviour in the Church it was first ordered by St. Paul that all things be done reverently 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because of the Angels according to which ground and warrant it was appointed in these Ages that every man should stand up at the reading of the Gospel and the Gloria Patri that none depart the Church till the service ended Pope Anastasius who lived in the beginning of the fifth Age is said to have decreed the one Dum S. S. Epl. Decret 1 ap Bin. Evangelia in Ecclesia recitantur sacerdotes caeteri omnes praesentes non sedentes sed venerabiliter curvi in conspectu sancti Evangclii stantes dominica verba attente audiant fideliter adorent The Priests and all else present are enjoyned to stand their Bodies bowed a little in sign of reverence during the reading of the Gospel but by no means to hear it sitting adding some joyful acclamation at the end thereof such as is that of Glory be to thee O Lord. So for the Gloria Patri that form of giving to the Lord the Glory which belongs unto him we find in Cassian that they used to stand upon their feet at the doing of it In clausula Psalmi Institut lib. 2 c. 8. omnes astantes pronunciant magno clamore Gloria Patri c. that gesture being thought most natural and most proper for it No constitution needed to enjoyn those Duties which natural discretion of it self could dictate As for the last it seemed the people in those parts used to depart the Church some of them before the Service ended and the blessing given for otherwise there had been no Canon to command the contrary Ex malis moribus bonae nascuntur leges the old saying is And out of this ill custom did arise a Law made in a Synod held in a Town of Gallia Narbonensis the 22 of the Reign of Alaricus King of the Visi-Gothes or Western-Gothes Anno 506. Conc. Agathens Can. 47. that on the Lords day all Lay-people should be present at the publick Liturgy and none depart before the Blessing Missas die dominico secularibus audire speciali ordine praecipimus ita ut egredi ante benedictionem sacerdotis populus non praesumat So the Canon hath it According unto which it is provided in the Canons of the Church of England Can. 19. that none depart out of the Church during the time of Service and Sermon without some reasonable or urgent cause The Benediction given and the Assembly broken up the people might go home no doubt and being there make merry with their Friends and Neighbours such as came either to them of their own accord or otherwise had been invited Gregory of Tours informs us of a certain Presbyter that thrust himself into the Bishoprick of the Arverni immediately upon the death of Sidonius Apollinaris who died about the year 487 and that to gain the peoples favour on the next Lords day after Jussit cunctos cives praeparato epulo invitari Hist l. 31. he had invited all the principal Citizens to a solemn Feast Whatever might be said of him that made the invitation no doubt but there were many pious and religious men that accepted of it Of Recreations after Dinner until Evening prayers and after Evening prayer till the time of Supper there is no question to be made but all were practised which were not prohibited Nam quod non prohibetur permissum est as Tertullian Of this more anon Thus have we brought the Lords day to the highest pitch the highest pitch that hitherto it had enjoyed both in relation unto rest from worldly business and to the full performance of religious Duties Whatever was
done afterwards in pursuit hereof consisted specially in beating down the opposition of the common people who were not easily induced to lay by their business next in a descant as it were on the former plain-song the adding of particular restrictions as occasion was which were before conteined though not plainly specified both in the Edicts of the former Emperours and Constitutions of the Churches before remembred Yet all this while we find not any one who did observe it as Sabbath or which taught others so to do not any who affirmed that any manner of work was unlawful on it further than as it was prohibited by the Prince or Prelate that so the people might assemble with their greater comfort not any one who preached or published that any pastime sport or recreation of an honest name such as were lawful on the other days were not fit for this And thereupon we may resolve as well of lawful business as of lawful pleasures that such as have not been forbidden by supream Authority whether in Proclamà tions of the Prince or Constitutions of the Church or Acts of Parliament or any such like Declaration of those higher Powers to which the Lord hath made us subject are to be counted lawful still It matters not in case we find it not recorded in particular terms that we may lawfully apply our selves to some kind of business or recreate our selves in every kind of honest pleasure at those particular hours and times which are left at large and have not been designed to Gods publick service All that we are to look for is to see how far we are restrained from labour or from recreations on the Holy days and what Authority it is that hath so restrained us that we may come to know our duty and conform unto it The Canons of particular Churches have no power to do it further than they have been admitted into the Church wherein we live for then being made a part of her Canon also they have power to bind us to observance As little power there is to be allowed unto the Declarations and Edicts of particular Princes but in their own dominions only Kings are Gods Deputies on the Earth but in those places only where the Lord hath set them their power no greater than their Empire and though they may command in their own Estates yet is it extra sphaeram activitatis to prescribe Laws to Nations not subject to them A King of France can make no Law to bind us in England Much less must we ascribe unto the dictates and directions of particular men which being themselves subject unto publick Order are to be hearkned to no further than by their life and doctrine they do preach obedience unto the publick Ordinances under which they live For were it otherwise every private man of name and credit would play the Tyrant with the liberty of his Christian Brethren and nothing should be lawful but what he allowed of especially if the pretence be fair and specious such as the keeping of a Sabbath to the Lord our God the holding of an holy convocation to the King of Heaven Example we had of it lately in the Gothes of Spain and that strange bondage into which some pragmatick and popular man had brought the French had not the Council held at Orleans gave a check unto it And with examples of this kind must we begin the story of the following Ages CHAP. V. That in the next six hundred years from Pope Gregory forwards the Lords day was not reckoned of as of a Sabbath 1. Pope Gregories care to set the Lords day free from Jewish rigours at that time obtruded on the Church 2. Strange fancies taken up by some about the Lords day in these darker Ages 3. Scriptures and Miracles in these times found out to justifie the keeping of the Lords day holy 4. That in the judgment of the most learned in these six Ages the Lords day hath no other ground than the Authority of the Church 5. With how much difficulty the people of these times were barred from following their Husbandry and Law-days on the Lords day 6. Husbandry not restrained on the Lords day in the Eastern parts until the time of Leo Philosophus 7. Markets and Handierafts restrained with no less opposition than the Plough and Pleading 8. Several casus reservati in the Laws themselves wherein men were permitted to attend those businesses on the Lords day which the laws restrained 9. Of divers great and publick actions done in these Ages on the Lords day 10. Dancing and other sports no otherwise prohibited on the Lords day than as they were an hindrance to Gods publick Service 11. The other Holy days as much esteemed of and observed as the Lords day was 12. The publick hallowing of the Lords day and the other Holy days in these present Ages 13. No Sabbath all these Ages heard of either on Saturday or Sunday and how it stood with Saturday in the Eastern Churches WE are now come to the declining Ages of the Church after the first 600 years were fully ended and in the entrance on the seventh some men had gone about to possess the people of Rome with two dangerous fancies one that it was not lawful to do any manner of work upon the Saturday or the old Sabbath ita ut die Sabbati aliquid operari prohiberent the other ut dominicorum die nullus debeat larari that no man ought to bathe himself on the Lords day or their new Sabbath With such a race of Christned Jews or Judaizing Christians was the Church then troubled Against these dangerous Doctrines did Pope Gregory write his Letter to the Roman Citizens stiling the first no other than the Preachers of Antichrist Epl. 3. l. 11. one of whose properties it shall be that he will have the Sabbath and the Lords day both so kept as that no manner of work shall be done on either qui veniens diem Sabbatum atque dominicum ab omni faciet opere custodire as the Father hath it Where note that to compell or teach the people that they must do no manner of work on the Lords day is a mark of Antichrist And why should Antichrist keep both days in so strict a manner Because saith he he will persuade the people that he shall die and rise again therefore he means to have the Lords day in especial honour and he will keep the Sabbath too that so he may the better allure the Jews to adhere unto him Against the other he thus reasoneth Et si quidem pro luxuria voluptate quis lavari appetit hoc fieri nec reliquo quolibet die concedimus c. If any man desires to bathe himself only out of a luxurious and voluptuous purpose observe this well this we conceive not to be lawful upon any day but if he do it only for the necessary refreshing of his body then neither is it fit it should be forbidden upon the
having built that Church unto the honour of God and memory of Saint Peter invited Mellitus Bishop of London Adredus de Gestis Edwardi on a day appointed unto the consecration of it The night before S. Peter coming to the further side crosseth the Ferry goes into the Church and with a great deal of celestial musick lights and company performs that office for the dispatch of which Mellitus had been invited This done and being wafted back to the further side he gives the Ferri-man for his fare a good draught of Fishes only commanding him to carry one of them which was the best for price and beauty for a present from him to Mellitus in testimony that the work was done to his hand already Then telling who he was he adds that he and his Posterity the whole race of Fisher-men should be long after stored with that kind of Fish tantum ne ultra piscari audeatis in die Dominica provided always that they fished no more upon the Sunday Aldredus so reports the story And though it might be true as unto the times wherein he lived which was in the declining of the twelfth Century that Fishing on the Lords day was restrained by Law yet sure he placed this story ill in giving this injunction from St. Peter in those early days when such restraints were hardly setled if in a Church new planted they had yet been spoken of Leaving this therefore as a fable let us next look on Beda what he hath left us of this day in reference to our Ancestors of the Saxons-Race and many things we find in him worth our observation Before we shewed you how the Sunday was esteemed a Festival that it was judged heretical to hold Fasts thereon Hist l. 3. c. 23. This Ordinance came in amongst us with the faith it self S. Chadd having a place designed him by King Oswald to erect a Monastery did presently retire unto it in the time of Lent In all which time Dominica excepta the Lords day excepted he fasted constantly till the Evening as the story tells us The like is told of Adamannus Hist l. 4. c. 25. one of the Monastery of Coldingham now in Scotland but then accounted part of the Kingdom of Northumberland that he did live in such a strict and abstemious manner ut nil unquam cibi vel potus excepta die Dominica quinta Sabbati perciperet that he did never eat nor drink but on the Sunday and Thursday only This Adamannus lived in Anno 690. Before we shewed you with what profit Musick had been brought into the Church of God and hither it was brought it seems 〈◊〉 hist l. 2. c. 20. with the first preaching of the Gospel Beda relates it of Paulinus that when he was made Bishop of Rochester which was in Anno 631. he left behind him in the North one James a Deacon cantandi in Ecclesia peritissimum a man exceeding perfect in Church Musick who taught them there that form of singing Divine Service which which he learnt in Canterbury And after in the year 668 what time Archbishop Theodorus made his Metropolitical visitationn Lib. 4. c. 2. the Art of singing Service which was then only used in Kent for in the North it had not been so setled but that it was again forgotten was generally taken up over all the Kingdom Sonos cantandi in Ecclesia quos eatenusin Cantica tantum noverant ab hoc tempore per omnes Anglorum Ecclesias dicere coeperunt as that Author hath it Before we shewed how Pope Vitalianus Anno 653. added the Organ to that vocal Musick which was before in use in the Church of Christ In less than 30 years after and namely in the year 679. were they introduced by Pope Agatho into the Churches of the English and have continued in the same well near 1000 years without interruption Before we shewed you how some of the greater Festivals were in esteem before the Sunday Bed Eccl. hist l. 4. c. 19. and that it was so even in the Primitive times And so it also was in the Primitive times of this Church of England it being told us of Qu. Etheldreda that after she had put her self into a Monastery she never went unto the Bathes praeter imminentibus soleniis majoribus but on the approach of the greater Festivals such as were Easter Pentecost and Christmas for so I think he means there by Epiphanie as also that unless it were on the greater Festivals she did not use to eat above once a day This plainly shews that Sunday was not reckoned for a greater Festival that other days were in the opinion and esteem above it and makes it evident withal that they conceived not that the keeping of the Lords day was to be accounted as a part of the law of Nature or introduced into the Church by divine Authority but by the same Authority that the others were Ap. Lambert Archaion For Laws in these times made we meet with none but those of Ina a West-Saxon King who entred on his Reign Anno 712. A Prince exceedingly devoted to the Church of Rome and therefore apt enough to imbrace any thing which was there concluded By him it was enacted in the form that followeth Servus si quid operis patrarit die Dominico ex praecepto Domini sui liber esto c. If a servant work on the Lords day by the appointment of his Master he was to be set free and his Master was to forfeit 30 shillings but of he worked without such order from his Master to be whipped or mulcted Liber si hoc die operetur injussu Domini sui c. So if a Freeman worked that day without direction from his Master he either was to be made a Bondman or pay 60 shillings As for the Doctrine of these times In Luc. 59. we may best judg of that by Beda First for the Sabbath that he tell us ad Mosis usque tempora caeterorum dierum similis erat was meerly like the other days until Moses time no difference at all between them therefore not institute and observed in the beginning of the World as some teach us now Next for the Lords day that he makes an Apostolical sanction only no Divine Commandment as before we noted and how far Apostolical sanctions bind we may clearly see by that which they determined in the Council of Hierusalem Of these two Specialties we have spoken already This is the most we find in the Saxon Heptarchie and little more than this we find in the Saxon Monarchie In this we meet with Alured first the first that brought this Realm in order Lambert Archaion who in his Laws cap. de diebus festis solennibus reckoneth up certain days in which it was permitted unto Freemen to enjoy their Festival liberty as the phrase there is servis autem iis qui sunt legitima officiorum servitute astricti non item but not
to slaves and such as were in service unto other men viz. the twelve days after Christs Nativity dies ille quo Christus subegit diabolum the day wherein our Saviour overcame the Devil the Festival of Saint Gregory seven days before Easter and as many after the Festival day of Saint Peter and Paul the week before our Lady day in Harvest All Hallowtide and the four Wednesdays in the Ember-weeks Where note how many other days were priviledged in the self-same manner as the Lords day was in case that be the day then spoken of wherein our Saviour overcame the Devil as I think it is as also that this priviledg extended unto Freemen only servants and bondmen being left in the same condition as before they were to spend all days alike in their Masters businesses This Alured began his Reign Anno 871. and after him succeeded Edward surnamed the Elder in the year 900. who in a league between himself and Gunthrun King of the Danes in England did publickly on both sides prohibit as well all markettings on the Sunday as other kind of work whatsoever on the other Holy days Dacus si die Dominico quicquam fuerit mercatus reipsa Oris praeterea 12 mulctator Anglus 30 solidos numerato c. If a Dane bought any thing on the Lords day he was to forfeit the thing bought and to pay 12 Oras every Ora being the fifteenth part of a pound an Englishman doing the like to pay 30 shillings A Freeman if he did any work die quocunque festo on any of the Holy days was forthwith to be made a Bondman or to redeem himself with Money a Bondslave to be beaten for it or redeem his beating with his Purse The Master also whether that he were Englishman or Dane if he compelled his servants to work on any of the Holy days was to answer for it So when it had been generally received in other places to begin the Sunday-service on the Eve before it was enacted by King Edgar surnamed the Peaceable who began his Reign An. 959. diem Sabbati ab ipsa die Saturni hora pomeridiana tertia usque in lunaris diei diluculum festum agitari that the Sabbath should begin on Saturday at three of the clock in the afternoon and not as Fox relates it in his Acts and Monuments at nine in the morning and so hold on till day break on Monday Where by the way though it be dies Sabbati in the Latin yet in the Saxon Copy it is only Healde the Holy day After this Edgars death the Danes so plagued this Realm that there was nothing setled in it either in Church or State till finally they had won the Garland and obteined the Kingdom The first of these Canutus an heroick Prince of whom it is affirmed by Malmesbury omnes leges ab antiquis regibus maxime sub Etheldredo latas that he commanded all those Laws to be observed which had been made by any of the former Kings and those before remembred amongst the rest of which see the 42. of his Constitutions especially by Etheldred his predecessour and that upon a grievous mulct to be laid on such who should disobey them These are the Laws which afterwards were called K. Edwards non quòd ille statuerit sed quòd observarit not because he enacted them but that he caused them to be kept Of these more anon Besides which Laws so brought together there were some others made at Winchester by this King Canutus and amongst others this that on the Lords day there should be no markettings no Courts or publick meetings of the people for civil businesses Leg. 14.15 as also that all men abstein from Hunting and from all kind of earthly work Yet was there an exception too nisi flagitante necessitate in cases of necessity wherein it was permitted both to buy and sell and for the people to meet together in their Courts For so it passeth in the Law Die Dominico mercata concelebrari populive conventus agi nisi flagitante necessitate planissime vetamus ipso praeterea die sacrosancto à venatione opere terreno prorsus omni quisque abstineto Not that it is to be supposed as some would have it that he intended Sunday for a Sabbath day for entring on the Crown A. 1017. he did no more than what had formerly been enacted by Charles the Great and several Councils after him Lib. 6. c. 29. none of which dreamed of any Sabbath Besides it is affirmed of this Canutus by Otho Frisingensis that in the year 1027. he did accompany the Emperor Conrade at his Coronation on an Easter day which questionless he would not have done knowing those kind of Pomps to be meerly civil and to have in them much of ostentation had he intended any Sabbath when he restrained some works on Sunday But to make sure work of it without more ado the Laws by him collected which we call St. Edwards make the matter plain where Sunday hath no other priviledg than the other Feasts and which is more is ranked below them The Law is thus entituled Rog. de Hoveden in Henri◠secundo De temporibus diebus pacis Domini Regis the Text as followeth Ab adventu Domini usque ad octavam Epiphaniae pax Dei Ecclesiae per omne regnum c. From Advent to the Octavei of Epiphanie Let no mans Person be molested nor no Suit be pursued the like from Septuagesima to Low-sunday and so from Holy Thursday to the next Sunday after Whitsontide Item omnibus Sabbatis ab hora nona usque ad diem Lunae c. The like on Saturdays from three in the afternoon until Monday morning as also on the Eves of the Virgin Mary S. John the Baptist all the holy Apostles of such particular Saints whose Festivals are published in the Churches on the Sunday mornings the Eve of All Saints in November from three of the clock till the solemnity be ended As also that no Christian be molested going to Church for his Devotions or returning thence or travelling to the dedication of any new erected Church or to the Synods or any publick Chapter meeting Thus was it with the Lords day as with many others in S. Edwards Laws which after were confirmed and ratified by King Henry the second after they had long been neglected Now go we forwards to the Normans and let us see what care they took about the sanctifying of the Lords day whether they either took or meant it for a Sabbath And first beginning with the Reign of the first six Kings we find them times of action and full of troubles as it doth use to be in unsetled States no Law recorded to be made touching the keeping of this day but many actions of great note to be done upon it These we will rank for orders sake under these five Heads 1. Coronations 2. Synods Ecclesiastical 3. Councils of Estate 4. Civil business and 5.
themselves to prayer and Gods publick service Particularly Fitz-Herbert tells us that no plea shall be holden Quindena Paschae Nat. Brevium fol. 17. 1 Eli◠p. 168. because it is always on the sunday but it shall be holden crastino quindenae paschae on the morrow after So Justice Dyer hath resolved that if a Writ of scire facias out of the Common-pleas bear Test on a Sunday it is an errour because that day is not dies juridicus in Banco And so it is agreed amongst them that on a Fine levied with Proclamations according to the Statute of King Henry VII if any of the Proclamations be made on the Lords day all of them are to be accounted erroneous Acts. But to return unto the Canon where before we left however that Archbishop Langton formerly and Islip at the present time had made these several restraints from all servile labours yet they were far enough from entertaining any Jewish fancy The Canon last remembred that of Simon Islip doth express as much But more particularly and punctually we may find what was the judgment of these times in a full declaration of the same in a Synod at Lambeth what time John Peckham was Archbishop which was in Anno 1280. Lindw l. 1. tit de offic Archipresb It was thus determined Sciendum est quod obligatio ad feriandum in Sabbato legali expiravit omnino c. It is to be understood that all manner of obligation of resting on the legal Sabbath as was required in the Old Testament is utterly expired with the other ceremonies And it is now sufficient in the New Testament to attend Gods service upon the Lords days and the other Holy days ad hoc Ecclesiastica authoritate deputatis appointed by the Church to that end and purpose The manner of sanctifying all which days non est sumendus à superstitione Judaica sed à Canonicis institutis is not to be derived from any Jewish superstition but from the Canons of the Church This was exact and plain enough and this was constantly the doctrine of the Church of England Joannes de Burgo who lived about the end of K. Henry VI. doth almost word for word resolve it so in his Pupilla oculi part 10. c. 11. D. Yet find we not in these restraints that Marketting had been forbidden either on the Lords day or the other Holy days and indeed it was not that came in afterwards by degrees partly by Statutes of the Realm partly by Canons of the Church not till all Nations else had long laid them down For in the 28 of King Edward III. cap 14. it was accorded and established that shewing of Wools shall be made at the Stapie every day of the week except the Sunday and the solemn Feasts in the year This was the first restraint in this kind with us here in England and this gives no more priviledge to the Lords day than the solemn Festivals Antiq. Brit. in Stafford Nor was there more done in it for almost an hundred years not till the time of Henry VI. Anno 1444. what time Archbishop Stafford decreed throughout his Province ut nundina emporia in Ecclesiis aut Coemiteriis diebusque Dominicis atque Festis praeterquam tempore messis non teneantur that Fairs and Markets should no more be kept in Churches and Church-yards or on the Lords days or the other Holy-days except in time of Harvest only If in that time they might be suffered then certainly in themselves they were not unlawful on any other further than as prohibited by the higher powers Now that which the Archbishop had decreed throughout his Province Tabians Chronicle Catworth Lord Mayor of London attempted to exceed within that City For in this year saith Fabian Anno 1444. an Act was made by Authority of the Common Council of London that upon the Sunday should no manner of thing within the franchise of the City be bought or sold neither Victual nor other thing nor no Artificer should bring his Ware unto any man to be worn or occupied that day as Taylers Garments and Cordwayners Shooes and so likewise all other occupations But then it followeth in the story the which Ordinance held but a while enough to shew by the success how ill it doth agree with a Lord Mayor to deal in things about the Sabbath Afterwards in the year 1451. which was the 28 of this Henries Reign it pleased the King in Parliament to ratifie what before was ordered by that Archbishop in this form that followeth 28. H. 6. c. 16. Considering the abominable injuries and effences done to Almigvty God and to his Saints always ayders and finguler affistants in our necessities by the necasion of Fairs and Marhets upon their high and principal Feasts as in the Feast of the Ascension of our Lord. in the day of Corpus Christi in the day of Whitsunday Trinity Sunday and other Sundays as also in the high Feast of the Assumption of our Blessed Lady the day of all Saints and on Good Friday accustomably and miserably holden and used in the Keaim of England c. our Soveraign Lord the King c. hath ordained that all manner of Fairs and Markets on the said principal Feasts and Sundays and Good Friday shall clearly cease from all shewing of any Goods and Merchandises necessary Victual only ercept which yet was more than was allowed in the City-Act upon pain of forfeiture of all the goods aforesaid to the Lord of the franchise or liverty where such goods be or shall be she wed contrary to this Ordinance the four Sundays in Harvest except Which clause or reservation sheweth plainly that the things before prohibited were not esteemed unlawful in themselves as also that this Law was made in confirmation of the former order of the Archbishop as before was said Now on this Law I find two resolutions made by my Lords the Judges First Justice Brian in the 12th of King Edward the fourth declared that no sale made upon a Sunday though in a Fair or Market-overt for Markets as it seemeth were not then quite laid down though by Law prohibited shall be a good sale to alter the property of the goods And Ploydon in the time of Queen Elizabeth was of opinion Daltons Justice cap. 27. that the Lord of any Fair or Market kept upon the Sunday contrary to the Statute may therefore be indicted for the King or Queen either at the Assizes or general Goal delivery or Quarter Sessions within that County If so in case such Lord may be Endicted for any Fair or Market kept upon the sunday as being contrary to the Statute then by the same reason may he be Endicted for any Fair or Market kept on any of the other Holy-days in that Statute mentioned Nor staid it here For in the 1465. which was the fourth year of King Edward IV. it pleased the King in Parliament to Enact as followeth Our Soveraign Lord the
especially appointed for the same are called Holy days Rot for the matter or the nature either of the time or day c. for to all days and times are of like holiness but for the nature and condition of such holy works c. whereunto such times and days are sanctified and hallowed that is to say separated from all prophane uses and dedicated not unto any Saint or Creature but only unto God and his true worship Neither is it to be thought that there is any certain time or definitive number of days prescribed in holy Scripture but the appointment both of the time and also of the number of days is left by the authority of Gods Word unto the liberty of Christs Church to be determined and assigned orderly in every Countrey by the discretion of the Rulers and Ministers thereof as they shall judg most expedient to the true setting forth of Gods glory and edification of their people Nor is it to be thought that all this Preamble was made in reference to the Holy days or Saints days only whose being left to the authority of the Church was never questioned but in relation to the Lords day also as by the Act it self doth at full appear for so it followeth in the Act Be it therefore enacted c. That all the days hereafter mentioned shall be kept and commanded to be kept Holy days and none other that is to say all Sundays in the Year the Feasts of the Circumcision of our Lord Jesus Christ of the Epiphanie of the Purification with all the rest now kept and there named particularly and that none other day shall be kept and commanded to be kept holy day and to abstain from lawful bodily labour Nay which is more there is a further Clause in the self-same Act which plainly shews that they had no such thought of the Lords day as that it was a Sabbath or so to be observed as the Sabbath was and therefore did provide it and enact by the Authority aforesaid a bat it shall be lawful to every Husbandman Labourer Fisherman and to all and every other person or persons of what estate degree or condition be or they he upon the holy days aforesaid in Harvest or at any other times in the year when necessity shall so require to labour ride fish or work any kind of work at their free-wills and pleasure any thing in this Act unto the contrary notwithstanding This is the total of this Act which if examined well as it ought to be will yield us all those propositions or conclusions before remembred which we collected from the writings of those three particular Martyrs Nor is it to be said that it is repealed and of no Authority Repealed indeed it was in the first year of Queen Mary and stood repealed in Law though otherwise in use and practice all the long Reign of Queen Elizabeth but in the first year of King James was revived again Note here that in the self-same Parliament the Common Prayer-Book now in use being reviewed by many godly Prelates was confirmed and authorized wherein so much of the said Act as doth concern the Names and Number of the Holy days is expressed and as it were incorporate into the same Which makes it manifest that in the purpose of the Church the Sunday was no otherwise esteemed of than another Holy day This Statute as before we said was made in Anno 5. 6. of Edward the sixth And in that very Parliament as before we said the Common-Prayer-Book was confirmed which still remains in use amongst us save that there was an alteration or addition of certain Lessons to be used on every Sunday of the Year 1 Eliz. cap. 2. the form of the Letany altered and corrected and two Sentences added in the delivery of the Sacrament unto the Communicants Now in this Common Prayer-Book thus confirmed in the fifth and sixth years of King Edward the sixth Cap. 1. it pleased those that had the altering and revising of it that the Commandments which were not in the former Liturgy allowed of in the second of the said Kings Reign should now be added and accounted as a part of this the people being willed to say after the end of each Commandment Lord have mercy upon us and incline our hearts to keep this Law Which being used accordingly as well upon the hearing of the fourth Commandment as of any others hath given some men a colour to persuade themselves that certainly it was the meaning of the Church that we should keep a Sabbath still though the day be changed and that we are obliged to do it by the fourth Commandment Assuredly they who so conclude conclude against the meaning of the Book and of them that made it Against the meaning of the Book for if the Book had so intended that that Ejaculation was to be understood in a literal sence according as the words are laid down in terminis it then must be the meaning of the Book that we should pray unto the Lord to keep the Sabbath of the Jews even the seventh day precisely from the Worlds Creation and keep it in the self-same manner as the Jews once did which no man I presume will say was the meaning of it For of the changing of the day there is nothing said nor nothing intimated but the whole Law laid down in terminis as the Lord delivered it Against the meaning also of them that made it for they that made the Book and reviewed it afterwards and caused these Passages and Prayers to be added to it Cranmer Archbishop of Canterbury Ridley Bishop of London and certain others of the Prelates then and there assembled were the same men by whose advice and counsel the Act before remembred about keeping Holy days was in the self-same Parliament drawn up and perfected And is it possible we should conceive so ill of those reverend persons as that they would erect a Sabbath in the one Act and beat it down so totally in the other to tell us in the Service-Book that we are bound to keep a Sabbath and that the time and day of Gods publick Worship is either pointed out in the fourth Commandment or otherwise ordained by Divine Authority and in the self-same breath to tell us that there is neither certain time nor definite number of days prescribed in Scripture but all this left unto the liberty of the Church I say as formerly I said it is impossible we should think so ill of such Reverend persons nor do I think that any will so think hereafter when they have once considered the non sequitur of their own Conclusions As for the Prayer there used we may thus expound it according to the doctrine and the practice both of those very times viz. that their intent and meaning was to teach the people to pray unto the Lord to incline their hearts to keep that Law as far as it contained the Law of Nature and had been
which afterwards in the year 1625. he published to the World with his other Lectures Now in this Speech or Determination he did thus resolve it First that the Sabbath was not instituted in the first Creation of the World nor ever kept by any of the ancient Patriarchs who lived before the Law of Moses therefore no moral and perpetual Precept as the others are Sect. 2. Secondly That the sanctifying of one day in seven is ceremonial only and obliged the Jews not Moral to oblige us Christians to the like Observance Sect. 3. 4. Thirdly That the Lords day is founded only on the Authority of the Church guided therein by the practice of the Apostles not on the fourth Commandment which in the 7. Section he entituleth a seandalous Doctrine nor any other authority in holy Scripture Sect. 6. 7. Fourthly That the Church hath still authority to change the day though such authority be not fit to be put in practice Sect. 7. Fifthly That in the celebration of it there is no such cessation from the works of labour required of us as was exacted of the Jews but that we lawfully may dress Meat proportionable unto every mans estate and do such other things as be no hinderance to the publick Service appointed for the day Sect. 8. Sixthly That on the Lords day all Recreations whatsoever are to be allowed which honestly may refresh the spirits and encrease mutual love and Neighbourhood amongst us and that the Names whereby the Jews did use to call their Festival whereof the Sabbath was the chief were borrowed from an Hebrew word which signifies to Dance and to make merry or rejoyce And lastly that it appertains to the Christian Magistrate to order and appoint what Pastimes on the Lords day are to be permitted and what prohibited not unto every private person much less to every mans rash Zeal as his own words are who out of a schismatical Stoicism debarring men from lawful Pastimes doth incline to Judaisin Sect. 8. This was the sum and substance of his resolution then which as it gave content unto the sounder and the better part of the Assembly so it did infinitely stomack and displease the greater numbers such as were formerly possessed with the other Doctrines though they were wiser than to make it a publick Quarrel Only it pleased Mr. Bifeild of Surrey in his Reply in a Discourse of Mr. Brerewoods of Cresham Colledg Anno 1631. to tax the Doctor as a spreader of wicked Doctrine and much to marvel with himself how either he durst be so hold to say Page 161. or having said it could be suffered to put it forth viz. That to establish the Lords day on the fourth Commandment were to incline too much to Judaism This the said M. Bifeild thinks to be a foul aspertion on this famous Church But in so thinking I conceive that he consulted more his own opinion and his private interest than any publick maintenance of the Churches cause which was not injured by the Doctor but defended rather But to proceed or rather to go back a little About a year before the Doctor thus declared his judgment one Tho. Broad of Gloucestorshire had published something in this kind wherein to speak my mind thereof he rather shewed that he disliked those Sabbath Doctrines than durst disprove them And before either M. Brerewood whom before I named had writ a learned Treatise about the Sabbath on a particular occasion therein mentioned but published it was not till after both Anno 1629. Add here to joyn them altogether that in the Schools at Oxon Anno 1628. it was maintained by Dr. Robinson now Archdeacon of Gloucester viz. Ludos Recreationis gratia in die Dominico non esse prohibitos Divina Lege That Recreations on the Lords day were not at all prohibited by the Word of God As for our neighbour Church of Scotland as they proceeded not at first with that mature deliberation in the reforming of that Church which had been here observed with us so did they run upon a course of Reformation which after was thought fitting to be reformed The Queen was young and absent in the Court of France the Regent was a desolate Widow a Stranger to the Nation and not well obeyed So that the people there possessed by Cnoxe and other of their Teachers took the cause in hand and went that way which came most near unto Geneva where this Cnoxe had lived Among the first things wherewithal they were offended were the Holy days Proceedings at Perth These in their Book of Discipline Anno 1560. they condemned at once particularly the observation of Holy days entituled by the names of Saints the Feasts of Christmas Circumcision Epiphany the Purification and others of the Virgin Mary all which they ranked awongst the abominations of the Roman Religion as having neither Commandment nor assurance in the Word of God But having brought this Book to be subsigned by the Lords of secret Counsel it was first rejected some of them giving it the Title of Devote Imaginations Cnoxe Hist of Scotl. p. 523. whereof Cnoxe complains Yet notwithstanding on they went and at last prevailed for in the middle of the Tumults the Queen Regent died and did not only put down all the Holy days the Lords day excepted but when an uprore had been made in Edenburg about a Robin-hood or a Whitson-Lord they of the Consistory excommunicated the whole multitud Now Proceedings at Perth that the holy days were put down may appear by this That in the year 1566. when the Confession of the Helvetian Churches was proposed unto them they generally approved the same save that they liked not of those Holy days which were there retained But whatsoever they intended and howsoever they had utterly suppressed those days which were entituled by the Names of particular Saints yet they could never so prevail but that the people would retain some memory of the two great and principal Feasts of Christs Nativity and Resurrection For in the year 1575. Complaint was made unto the Regent how in Dunfreis they had conveyed the Reader to the Church with Taber and Whissel to read Prayers all the Holy days of Zule or Christmas Thereupon Anno 1577. it was ordained in an Assembly of the Church That the Visitors should admonish Ministers preaching or ministring the Communion at Pasche or Zule or other like superstitious times under pain of deprivation to desist therefrom Anno 1587. it was complained of to his Majesty That Pasche and Zule were superstitiously observed in Fife and about Dunfreis and in the year 1592. the Act of the Queen Regent granting licence to keep the said two Feasts was by them repealed Yet find we by the Bishop of Brechin in his Discourse of the Proceedings at the Synod of Perth that notwithstanding all the Acts Civil and Ecclesiastick made against the superstitious observation and prophane abuse of Zule day the people could never be induced to labour on
that day and wheresoever Divine service was done that day as in Towns which have always Morning and Evening Prayers they were perceived to resort in greater numbers on that day than on any other to the Church As for King James of happy memory he did not only keep the said great Festivals from his youth as there is said but wished them to be kept by all his Subjects yet without abuse and in his Basilicon Doron published Anno 1598. thus declares himself that without superstition Plays and unlawful Games may be used in May and good Cheer at Christmas Now on the other side as they had quite put down those days which had been dedicated by the Church to Religious Meetings so they appointed others of their own authority For in their Book of Discipline before remembred it was thus decreed viz. That in every notable Town a day besides the Sunday should be appointed weekly for Sermons that during the time of Sermon the day should be kept free from all exercise of labour as well by the Master as by the Servant as also that every day in the said great Towns there be either Sermon or Prayers with reading of the Scriptures So that it seemeth they only were afraid of the name of Holy days and were contented well enough with the thing it self As for the Lords day in that Kingdom I find not that it had attained unto the name or nature of a Sabbath day until that Doctrine had been set on foot amongst us in England For in the Book of Discipline set out as formerly was said in 560. they call it by no other name than Sunday ordaining that upon four Sundays in the year which are therein specified the Sacrament of the Lords Supper should be administred to the people and in the year 1592. an Act of King James the third about the Saturday and other Vigills to be kept holy from Evensong to Evensong was annulled and abrogated Which plainly shews that then they thought not of a Sabbath But when the Sabbath doctrine had been raised in England Anno 1595 as before was said it found a present entertainment with the Brethren there who had before professed in their publick Writings to our Puritans here Davison p. 20. that both their causes were most nearly linked together and thereupon they both took up the name of Sabbath and imposed the rigour yet so that they esteem it lawful to hold Fasts thereon quod saepissime in Ecclesia nostra Scoticana factum est and use it often in that Church which is quite contrary unto the nature of a Sabbath And on the other side they deny it to be the weekly Festival of the Resurrection Non sunt dies Dominici festa Resurrectionis as they have resolved it Altare Damasc p. 669. which shews as plainly that they build not the translation of their Sabbath on the same grounds as our men have done Id. 696. In brief by making up a mixture of a Lords day Sabbath they neither keep it as the Lords day nor as the Sabbath And in this state things stood until the year 1618. what time some of the Ancient holy days were revived again in the Assembly held at Perth in which moving some other Rites of the Church of England which were then admitted it was thus determined viz. As we abhor the superstitious observation of festival days by the Papists and detest all licentious and prophane abuse thereof by the common sort of Professors so we think that the inestimable benefits received from God by our Lord Jesus Christ his Birth Passion Resurrection Ascension and sending down of the Holy Ghost was commendably and godly remembred at certain particular days and times by the whole Church of the world and may be also now Therefore the Assembly ordains that every Minister shall upon these days have the Commemoration of the foresaid inestimable benefits and make choice of several and pertinent Texts of Scripture and frame their Doctrine and Exhortation thereunto and rebuke all superstitious observation and licentious prophanation thereof A thing which much displeased some men of contrary persuasion first out of fear that this was but a Preamble to make way for all the other Holy days observed in England And secondly because it seemed that these five days were in all points to be observed as the Lords day was both in the times of the Assembly and after the dissolving of the same But pleased or dispeased so it was decreed and so still it stands But to return again to England It pleased his Majesty now Reigning whom God long preserve upon information of many notable misdemeanors on this day committed 1 Carol. 1. in his first Parliament to Enact That from thence-forwards there should be no Meetings Assemblies or concourse of people out of their Parishes on the Lords day for any sports or pastimes whatsoever nor any Bear-baitings Bull-baitings common Plays Enterludes or any other unlawful Exercises or Pastimes used by any person or persons in their own Parishes every offence to be punished by the forfeiture of 3 s. 4 d. This being a Probation Law was to continue till the end of the first Session of the next Parliament And in the next Parliament it was continued till the end of the first Session of the next 3 Carol. 1. which was then to come So also was another Act made in the said last Session wherein it was enacted That no Carrier Waggoner Wain-man Carman or Drover travel thence-forwards on the Lords day on pain that every person and persons so offending shall lose and forfeit 20 s. for every such offence And that no Butcher either by himself or any other by his privity and consent do kill or sell any Victual on the said day upon the forfeiture and loss of 6 s. 8 d. Which Statutes being still in force by reason that there hath not been any Session of Parliament since they were enacted many both Magistrates and Ministers either not rightly understanding or wilfully mistaking the intent and meaning of the first brought Dancing and some other lawful Recreations under the compass of unlawful Pastimes in that Act prohibited and thereupon disturbed and punished many of the Kings obedient people only for using of such Sports as had been authorized by his Majesties Father of blessed memory Nay which is more it was so publickly avowed and printed by one who had no calling to interpret Laws except the provocation of his own ill spirit That Dancing on the Lords day was an unlawful Pastime punishable by the Statute 1. Carol. 1. which intended so he saith to suppress Dancing on the Lords day as well as Bear-baiting Bull-baiting Enterludes and common Plays which were not then so rife and common as Dancing when this Law was made Things being at this height King Charles Declarat it pleased his excellent Majesty Observing as he saith himself how much his people were debarred of Recreation and finding in some
Counties that under the pretence of taking away abuses there had been a general forbidding not only of ordinary Meetings but of the Feasts of the Dedication of Churches commonly called Wakes to ratifie and publish the Declaration of his Majesties Father before remembred adding That all those Feasts with others should be observed and that all neighbourhood and freedom with manlike and lawful exercises be therein used Commanding all the Justices of Assize in their several Circuits to see that no man do trouble or molest any of his loyal and dutiful People in or for their lawful Recreations having first done their duty to God and continuing in obedience unto him and his Laws and further that publication thereof be made by order from the Bishops through all the Parishes of their several Diocesses respectively Thus did it please his excellent and sacred Majesty to publish his most pious and religious purpose of opening to his loyal people that liberty of the day which the day allowed of and which all Christian States and Churches in all times before had never questioned withal of shutting up that door whereat no less than Judaism would in fine have entred and so in time have over-run the fairest and most beautiful Church at this day in Christendom And certainly it was a pious and Princely act nothing inferiour unto that of Constantine or any other Christian King or Emperour before remembred it being no less pious in it self considered to keep the Holy-days free from Superstition than to preserve them from Prophaneness especially considering that permission of lawful Pleasures is no less proper to a Festival than restraint from labour Nay of the two it is more ancient For in his time Tertullian tells us that they did diem solis laetitiae indulgere devote the Sunday partly unto Mirth and Recreation not to Devotion altogether when in an hundred years after Tertullians time there was no Law or Constitution to restrain men from labour on this day in the Christian Church Yet did not his most excellent Majesty find such obedience in some men and such as should have been examples unto their flocks as his most Christian purpose did deserve there being some so setled in the opinion of a Sabbath day a day not heard of in the Church of Christ 40 years agoe that they chose rather to deprive the Church of their pains and ministry than yield unto his Majesties most just commands For whose sakes specially next to my duty unto God my Soveraign and the Church my Mother I have employed my time and studies to compose this History that they may see therein in brief the practice of Gods Church in the times before them and frame themselves to do thereafter casting aside those errours in the which they are and walking in the way which they ought to travel Which way when all is done will be via Regia the Kings high way as that which is most safe and of best assurance because most travelled by Gods people Our private paths do lead us often into errour and sometimes also into danger And therefore I beseech all those who have offended in that kind to lay aside their passions and their private interests if any are that way misguided as also not to shut their eyes against those truths which are presented to them for their information that so the King may have the honour of their due obedience the Church the comfort of their labours and conformable ministry For to what purpose should they hope to be ennobled for their sufferings in so bad a cause that neither hath the doctrine of the Scripture to authorize it or practice of the Church of God the best Expositor of the Scripture to confirm and countenance it or to be counted constant to their first Conclusions having such weak and dangerous premisses to support the same since constancy not rightly grounded is at best but obstinacy and many times doth end in Heresie Once again therefore I exhort them even in Gods name whose Ministers they are and unto whom they are to give up an account of their imployment and in the Kings Name whom as Gods deputy they are bound to obey not for wrath only but for conscience sake and in the Churches name whose peace they are to study above all things else and their own names lastly whom it most concerns that they desist and go not forwards in this disobedience lest a worse business fall upon them For my part I have done my best so far to give them satisfaction in the present point so far forth as the nature of an History would permit as they might think it no disparagement to alter their opinions and desert their errors and change their resolutions since in so doing they shall conform themselves unto the practice of Gods Church in all times and Ages The greatest Victory which a man can get is to subdue himself and triumph over sin and errour De Civit. Dei l. 22. c. 30. I end as I began in S. Augustins language Quibus hoc nimium vel quibus parum est mihi ignoscant quibus satis est non mihi sed Domino mecum congratulantes gratias agant Let such as shall conceive this Treatise to be too little or too much excuse my weakness And as for those whom it may satisfie in the smallest measure let them not unto me but to God with me ascribe all the honour to whom belongs all praise and glory even for evermore Pibrac Quadr. 5. Ne va disant ma main a faict cest oeuure Ou ma vertu ce bel oeuure a parfaict Mais dis ainsi Dieu par moy l'oeuuee a faict Dieu est l'Autheur du peu de bien que l'oeuure Say not my hand this Work to end hath brought Nor this my vertue hath attain'd unto Say rather thus this God by me hath wrought God's Author of the little good I do FINIS Historia Quinqu-Articularis OR A DECLARATION Of the Judgment of the WESTERN CHVRCHES And more particularly of the CHURCH of ENGLAND IN The Five Controverted Points Reproached in these Last times by the Name of ARMINIANISM Collected in the way of an Historical Narration Out of the Publick Acts and Monuments and most approved Authors of those several Churches By PETER HEYLYN D. D. Jer. 6.16 State super vias videte interrogate de semitis antiquis quae sit via bona ambulate in ea invenietis refrigerium animabus vestris Macrob. in Saturnal Omne meum nihil meum LONDON Printed by M. Clark to be sold by C. Harper 1681. TO THE READER IT is well known to some in London and elsewhere that these Papers were finished for the Press before August last But the first breaking out in Cheshire and the unsetledness of affairs which ensued upon it proved such discouragements to all Engagings of this kind that Michaelmas was past before the undertakers would adventure on it And what distractions have since followed
say the Lord Protector and the rest of the Privy Council acting in his Name and by his Authority performed by Archbishop Cranmer and the other six before remembred assisted by Thirdby Bishop of Winchester Day Bishop of Chichester Ridley Bishop of Rochester Taylor then Dean after Bishop of Lincoln Redman then Master of Trinity Colledge in Cambridge and Hains Dean of Exeter all men of great abilities in their several stations and finally confirmed by the King the Lords Spiritual and Temporal and the Commons in Parliament Assembled 23 Edw. VI. In which Confirmatory act it is said expresly to have been done by the especial aid of the Holy Ghost which testimony I find also of it in the Acts and Monuments fol 1184. But being disliked by Calvin who would needs be meddling in all matters which concerned Religion and disliked it chiefly for no other reason as appears in one of his Epistles to the Lord Protector but because it savoured too much of the ancient Forms it was brought under a review the cause of the reviewing of it being given out to be no other than that there had risen divers doubts in the Exercise of the said Book for the fashion and manner of the Ministration though risen rather by the curiosity of the Ministers and Mistakers than of any other cause 5 6 Edw. 6. cap. 1. The review made by those who had first compiled it though Hobeach and Redman might be dead before the confirmation of it by Act of Parliament some of the New Bishops added to the former number and being reviewed was brought into the same form in which now it stands save that a clause was taken out of the Letany and a sentence added to the distribution of the blessed Sacrament in the first year of Queen Elizabeth and that some alteration was made in two or three of the Rubricks with an addition of Thanksgiving in the end of the Letany as also of a Prayer for the Queen and the Royal Issue in the first of King James At the same time and by the same hands which gave us the first Liturgy of King Edward VI. was the first Book of Homilles composed also in which I have some cause to think that Bishop Latimer was made use of amongst the rest as one who had subscribed the first other two books before mentioned as Bishop of Worcester Ann. 1537. and ever since continued zealous for a Reformation quitting in that respect such a wealthy Bishoprick because he neither would nor could conform his judgment to the Doctrine of the six Articles Authorized by Parliament For it will easily appear to any who is conversant in Latimers writings and will compare them carefully with the book of Homilies that they do not only savour of the same spirit in point of Doctrine but also of the same popular and familiar stile which that godly Martyr followed in the course of his preachings for though the making of these Homilies be commonly ascribed and in particular by Mr. Fox to Archbishop Cranmer yet it is to be understood no otherwise of him thad than it was chiefly done by encouragement and direction not sparing his own hand to advance the work as his great occasions did permit That they were made at the same time with King Edwards first Liturgy will appear as clearly first by the Rubrick in the same Liturgy it self in which it is directed Let. of Mr. Bucer to the Church of England that after the Creed shall follow the Sermon or Homily or some portion of one of them as they shall be hereafter divided It appears secondly by a Letter writ by Martin Bucer inscribed To the holy Church of England and the Ministers of the same in the year 1549. in the very beginning whereof he lets them know That their Sermons or Homilies were come to his hands wherein they godlily and effectually exhort their people to the reading of Holy Scripture that being the scope and substance of the first Homily which occurs in that book and therein expounded the sense of the faith whereby we hold our Christianity and Justification whereupon all our help censisteth and other most holy principles of our Religion with most godly zeal And as it is reported of the Earl of Gondomar Ambassador to King James from the King of Spain that having seen the elegant disposition of the Rooms and Offices in Burleigh House not far from Stanford erected by Sir William Cecil principal Secretary of State and Lord Treasurer to Queen Elizabeth he very pleasantly affirmed That he was able to discern the excellent judgment of the great Statesman by the neat contrivance of his house So we may say of those who composed this book in reference to the points disputed A man may easily discern of what judgment they were in the Doctrine of Predestination by the method which they have observed in the course of these Homilies Beginning first with a discourse of the misery of man in the state of nature proceeding next to that of the salvation of man-kind by Christ our Saviour only from sin and death everlasting from thence to a Declaration of a true lively and Christian saith and after that of good works annexed unto faith by which our Justification and Salvation are to be obtained and in the end descending unto the Homily bearing this inscription How dangerous a thing it is to fall from God Which Homilies in the same form and order in which they stand were first authorized by King Edward VI. afterwards tacitly approved in the Rubrick of the first Liturgy before remembred by Act of Parliament and finally confirmed and ratified in the book of Articles agreed upon by the Bishops and Clergy of the Convocation Anno 1552. and legally confirmed by the said King Edward Such were the hands and such the helps which co-operated to the making of the two Liturgies and this book of Homilies but to the making of the Articles of Religion there was necessary the concurrence of the Bishops and Clergy Assembled in Convocation in due form of Law amongst which there were many of those which had subscribed to the Bishops book Anno 1537. and most of those who had been formerly advised with in the reviewing of the book by the Commandment of King Henry VIII 1543. To which were added amongst others Dr. John Point Bishop of Winchester an excellent Grecian well studied with the ancient Fathers and one of the ablest Mathematicians which those times produced Dr. Miles Coverdale Bishop of Exon who had spent much of his time in the Lutheran Churches amongst whom he received the degree of Doctor Mr. John Story Bishop of Rochester Ridley being then preferred to the See of London from thence removed to Chichester and in the end by Queen Elizabeth to the Church of Hereford Mr. Rob. Farran Bishop of St. Davids and Martyr a man much favoured by the Lord Protector Sommerset in the time of his greatness and finally not to descend to those of the lower
trust them with a power to meddle with matters of Religion this Convocation being holden the sixth year of his Reign when Gardiner Bâ—nner Day and Tunstall and others of the stiffest Romanists were put out of their places most of the Episcopal Sees and Parochial Churches being filled with men according unto his desires and generally conformable to the Forms of Worship here by Law established Thirdly the Church of England for the first five years of Queen Elizabeth retained these Articles and no other as the publick tendries of the Church in point of Doctrine which certainly she had not done had it been recommended to her by a less Authority than a Convocation lawfully assembled and confirmed And fourthly that it is true that the Records of Convocation during this King and the first years of Queen Mary are very defective and imperfect most of them lost amongst others those of this present year And yet one may conclude as strongly that my Mother died Childless because my Christening is not to be found in the Parish Register as that the Convocation of this year was barren because the Acts and Articles of it were not entred in the Journal Book To salve this sore it is conceived by the Objector that the Bishops and Clergy had passed over their power to some select Divines appointed by the Kings in which sense they may be said to have made these Articles themselves by their delegates to whom they had deputed their Authority the case not being so clear Id. Ib. but that it occasioned a Cavil at the next Convocation the first of Queen Mary when the Papists therein assembled renounced the legality of any such former transactions And unto this it shall be answered That no such defect of legality as was here pretended was charged against the book of Articles it self but only against a Catechism which was bound up with it countenanced by the Kings Letters Patents prefix'd before it approved by many Bishops and learned men and generally voiced to be another of the products of this Convocation And therefore for so much as concerns this Catechism it was replyed by Mr. John Philpot Archdeacon of Winchester who had been a member in the former and was now a member of the Convocation in the first of Queen Mary That he thought they were deceived in the Title of it Acts and Monum fo 1282. in that it owned the Title of the last Synod of London many which were then present not being made privy to the making or publishing of it He added That the said former Convocation had granted the Authority of making excellent Laws unto certain persons to be appointed by the Kings Majesty so as whatsoever Ecclesiastical Laws they or the most part of them did set forth according to a Statute in that behalf provided might be well said to be done in the Synod of London though such as were of the house had no notice thereof before the promulgation And thereupon he did infer That the setters forth of the Catechism did not slander the House as they went about to persuade the World since they had the Authority of the Synod unto them committed to make such Spiritual Laws as they thought convenient and necessary for the good of the Church In which Discourse we may observe that there was not one word which reflects on the Book of Articles all of it being made in reference to the Catechism before remembred though if the Objection had been made as indeed it was not against the Articles themselves the defence of that learned man and godly Martyr would have served as fully for the one as it did for the other But whatsoever may be said in derogation to the Authority of the Book of Articles as it was published in the time of King Edward the sixth Anno Dom. 1552. certain I am that nothing can be said unto â—â—e contrary but that they were received and the far greater part of them agreed upon in full Convocation Anno 1562. And therefore for avoiding of all Disputes I am resolved to take them in this last capacity as they were ratified by Queen Elizabeth Anno 1563. confirmed by King James An. 1604. and finally established by the late King Charles with his Majesties Royal Declaration prefixt before them Anno 1628. Less doubt there is concerning the intent of this Convocation in drawing up the Articles in so loose a manner that men of different judgments might accommodate them to their own Opinions which I find both observed and commended in them by the former Author by whom we are informed that the Articles of the English Protestant Church Chur. Hist lib. 9. fol. 72. in the infancy thereof were drawn up in general terms foreseeing that posterity would grow up to fill the same meaning that these holy men did prudently discover that differences in judgment would unavoidably happen in the Church and were loth to unchurch any and drive them off from any Ecclesiastical communion for petty differences which made them pen the Articles in comprehensive words to take in all who differing in the branches meet in the root of the same Religion This hath been formerly observed to have been the artifice of those who had the managing of the Council of Trent and is affirmed to have been used by such men also as had the drawing up of the Canons at the Synod of Dort But the Composers of the Articles of the Church of England had not so little in them of the Dove or so much of the Serpent as to make the Articles of the Church like an upright shoe which may be worn on either foot or like to Theramenes shoe as the Adage hath it fit for the foot of every man that was pleased to wear it and therefore we may say of our first Reformers in reference to the present Book of Articles as was affirmed of them by Dr. Brancroft then Bishop of London in relation to the Rubrick in private Baptism that is to say that those reverend and learned men intended not to deceive any by ambiguous terms for which see Conf. at Hampton Court Confer p. 15. And to this supposition or imagination it is also answered That the first Reformers did not so compose the Articles as to leave any liberty to diffenting judgments as the said Author would fain have it in some words preceding but did not bind men to the literal and Grammatical sense they had not otherwise attained to the end they aimed at which was ad tollendam Opiniorum Dissentionem consensum in vera Religione firmandum that is to say to take away diversity of Opinions and to establish an agreement in the true Religion Which end could never be effected if men were left unto the liberty of dissenting or might have leave to put their own sense upon the Articles as they list themselves For where there is a purpose of permitting men to their own Opinions there is no need of definitions and
those times did build their studies and having built their studies on a wrong foundation did publickly maintain some point or other of his Doctrines which gave least offence and out of which no dangerous consequence could be drawn as they thought and hoped to the dishonour of God the disgrace of Religion the scandal of the Church or subversion of godliness amongst which if judicious Mr. Hooker be named for one as for one I find him to be named yet is he named only for maintaining one of the five points that namely of the not total or final falling away of Gods Elect as Dr. Overald also did in the Schools of Cambridge though neither of them can be challenged for maintaining any other point of Calvins Doctrine touching the absolute decree of Reprobation Election unto life without reference to faith in Christ the unresistible workings of Grace the want of freedom in the will to concur therewith and the determining of all mens actions unto good or evil without leaving any power in men to do the contrary And therefore secondly Mr. Hookers discourse of Justification as it now comes into our hands might either be altered in some points after his decease by him that had the publishing of it or might be written by him as an essay of his younger years before he had consulted the Book of Homilies and perused every clause in the publick Liturgy as he after did or had so carefully examined every Text of Scripture upon which he lays the weight of his judgment in it as might encourage him to have it printed when he was alive Of any men who publickly opposed the Calvinian tenents in this University till after the beginning of King James his Reign I must confess that I have hitherto found no good assurance though some there were who spared not to declare their dislike thereof and secretly trained up their Scholars in other principles An argument whereof may be that when Dr. Baroe dyed in London which was about three or four years after he had left his place in Cambridge his Funeral was attended by most of the Divines then living in and about the City Dr. Bancroft then Bishop of London giving order in it which plainly shews that there were many of both Universities which openly favoured Baroes Doctrines and did as openly dislike those of the Calvinians though we find but few presented to us by their names Amongst which few I first reckon Dr. John Buckridge President of St. Johns Colledge and Tutor to Archbishop Laud who carried his Anti-Calvinian doctrines with him to the See of Rochester and publickly maintained them at a conference in York House Ann. 1626. And secondly Dr. John Houson one of the Canons of Christ Church and Vice-Chancellor of the University Ann. 1602. so known an enemy to Calvin his opinions that he incurred a suspension by Dr. Robert Abbots then Vice Chancellor And afterwards being Bishop of Oxon subscribed the letter amongst others to the Duke of Buckingham in favour of Mountague and his Book called Appello Cesarem as before was said And though we find but these two named for Anti-Calvinist in the five controverted points yet might there be many houses perhaps some hundreds who held the same opinions with them though they discovered not themselves or break out in any open opposition 1 King 19 18. 1 King 19 1◠as they did at Cambridge God had 7000. Servants in the Realm of Israel who had not bowed the knee to Baal though we find the name of none but the Prophet Eliah the residue keeping themselves so close for fear of danger that the Prophet himself complained to God that he alone was left to serve him A parallel case to which may be that the Christians during the power and prevalency of the Arian Hereticks St. Jerome giving us the names of no more than three who had stood up stoutly in defence of the Nicene council and the points of Doctrine there established viz. 1. St. Athanasius Patriark of Alexandria in Egypt St. Hillary Bishop of Poictious in France and St. Eusebius Bishop of Vevelli in Italy of which thus the Father Siquidem Arianis victis triumphatorem Athanasium suum Egyptus excepit Hillarium è prelio revertentem galliarum ecclesia complexa est ad reditum Eusebii sui lugubres vestes Italia mutavit that is to say upon the overthrow of the Arians Egypt received her Athanasius now returned in triumph the Church of France embraced her Hillary coming home with victory from the battel and on the return of Eusebius Italy changed her mourning garments By which it is most clear even to vulgar eyes that not these Bishops only did defend the truth but that it was preserved by many others as well of the Clergy as of the People in their several Countreys who otherwise never had received them with such joy and triumph if a great part of them had not been of the same opinions though no more of them occur by name in the records of that age But then again If none but the three Bishops had stood unto the truth in the points disputed at that time between the Orthodox Christians and the Arian Hereticks yet had that been sufficient to preserve the Church from falling universally from the faith of Christ or deviating from the truth in those particulars Deut. 17.6 Mat. 18 19. the word of truth being established as say both Law and Gospel if there be only two or three witnesses to attest unto it two or three members of the Church may keep possession of a truth in all the rest and thereby save the whole from errour even as a King invaded by a foreign Enemy doth keep possession of his Realm by some principal fortress the standing out whereof may in time regain all the rest which I return for answer to another objection touching the paucity of those Authors whom we have produced in maintenance of the Anti Calvinian or old English doctrines since the resetling of the Church under Queen Elizabeth for though they be but few in number and make but a very thin appearance Apparent rari nautes in gurgite vasto in the Poets language yet serve they for a good assurance that the Church still kept possession of her primitive truths not utterly lost though much endangered by such contrary Doctrines as had of late been thrust upon her there was a time when few or none of the Orthodox Bishops durst openly appear in favour of St. Athanasius but only Liberius Pope of Rome Theod. Hist Eccles lib. 2. cap. 15. who thereupon is thus upbraided by Constantius the Arian Emperour Quota pars tu es orbis terrarum qui solus c. How great a part saith he art thou of the whole world that thou alone shouldst shew thy self in defence of that wicked man and thereby overthrow the peace of the Universe To which Liberius made this answer non diminuitur solitudine mea verbum dei nam olim
Kings than of the Thief that steals thy goods or the Adulterer that defiles thy marriage-bed or the Murderer that seeks thy life all which are reckoned for Gods curses in the holy Scripture The point we purpose to make proof of goeth not down so easily that is to say That in the vilest men and most unworthy of all honour if they be once advanced to the publick Government there doth reside that excellent and divine Authority which God hath given in holy Scripture to those who are the Ministers of his heavenly Justice who therefore are to be reverenced by the Subject for as much as doth concern them in the way of their publick duties with as much honour and obedience as they would reverence the best King were he given unto them And first the Reader must take notice of the especial Act and Providence of Almighty God SECT 26. not without cause so oft remembred in the Scriptures in disposing Kingdoms Dan. 2 21 37. and segging up such Kings as to him seems best The Lord saith Danicl changeth the times and the seasons he removeth Kings and setteth up Kings And in another place That the living may know that the most High ruleth in the Kingdoms of men and giveth them to whomsoever he will Which kind of sentences as they are very frequent in the Scriptures so is that Prophesie most plentiful and abundant in them No man is ignorant that Nebuchadnezzar who destroyed Hierusalem was a great spoiler and oppressor yet the Lord tells us by Ezechicl that he had given unto him the land of Egypt for the good service he had done in laying it waste on his Commandment Dan. 2.37 And Daniel said unto him thus Thou O King art a King of Kings for the God of Heaven hath given thee a Kingdom power and strength and glory And wheresoever the children of men dwell the beasts of the field and the fowls of heaven hath he given into thy hand and hath made thee Ruler over them all Again to Belshazzer his son Dan. 5.18 The most high God gave unto Nebuchadnezzar thy father a Kingdom and majesty and glory and honour and for the majesty that he gave him all people nations and languages trembled and feared before him Now when we hear that Kings are placed over us by God let us be pleased to call to mind those several precepts to fear and honour them which God hath given us in his Book holding the vilest Tyrant in as high account as God hath graciously vouchsafed to estate him in When Samuel told the people of the house of Israel what they should suffer from their King 1 Sam. 8.11 he expressed it thus This will be the manner of the King which shall reign over you he will take your sons and appoint them for himself for his Chariots and to be his Horsemen and some shall run before his Chariots And he will appoint him Captains over thousands and Captains over fifties and will set them to ear his ground and to reap his harvest and to make his instruments of War and instruments of his Chariots And he will take your daughters to be his Confectionaries and to be Cooks and to be Bakers And he will take your fields and your Vineyards and your Olive-yards even the best of them and give them to his servants And he will take the tenth of your seed and of your Vineyards and give to his Officers and to his Servants And he will take your men-servants and your maid-servants and your goodliest young men and your Asses and put them to his work He will take the tenth of your sheep and ye shall be his Servants Assuredly their Kings could not do this lawfully whom God had otherwise instructed in the Book of the Law but it is therefore called Jus Regis the right of Kings upon the Subject which of necessity the Subjects were to submit unto and not to make the least resistance As if the Prophet had thus said So far shall the licentiousness of your Kings extend it self which you shall have no power to restrain or remedy to whom there shall be nothing left but to receive the intimation of their pleasures and fulfil the same But most remarkable is that place in the Prophet Jeremy SECT 27. which though it be somewhat of the longest I will here put down because it doth so plainly state the present question Jer. 27. â— I have made the earth saith the Lord the man and the beast that are upon the ground by my great power and by my out-stretched Arm and have given it unto whom it seemed meet unto me And now have I given all these Lands into the hand of Nebuchadnezzar King of Babylon my Servant and the Beasts of the field have I given him also to serve him and all Nations shall serve him and his Son and his Sons Son until the very time of his Land come and it shall come to pass that the Nation and Kingdom which will not serve the same Nebuchadnezzar King of Babylon and that will not put their neck under the yoke of the King of Babylon that Nation will I punish saith the Lord with the sword and with the famine and with the pestilence wherefore serve the King of Babylong and live We see by this how great a measure of obedience was required by God towards that fierce and cruel Tyrant only because he was advanced to the Kingly Throne and did by consequence participate of that Regal Majesty which is not to be violated without grievous sin Let us therefore have this always in our mind and before our eyes that by the same decree of God on which the power of Kings is constituted the very wickedest Princes are established and let not such seditious thoughts be admitted by us that is to say that we must deal with Kings no otherwise than they do deserve and that it is no right nor reason that we should shew our selves obedient subjects unto him who doth not mutually perform the duty of a King to us It is a poor objection which some men have made viz. that that command was only proper to the Israelites for mark upon what grounds the command was given SECT 28. I have given saith the the Kingdom unto Nebuchadnezzar wherefore serve him and ye shall live and thereupon it needs must follow that upon whomsoever God bestows a Kingdom to him we must address our service and that assoon as God hath raised any to the Regal Throne he doth sufficiently declare his will to be that he would have that man to reign over us Some general testimonies of this truth are in holy Scripture For thus saith solomon For the transgression of a Land many are the Princes thereof Prov. 24.2 and job He looseth the band of Kings and girdeth their loins with a girdly Job 12.18 Which if confessed there is no remedy at all but we must serve those Kings if we mean to
Tyranny over his Subjects may not be resisted that is to say if the Subject may not take up Arms against him he and his followers may destroy the Kingdom And and we are fallen upon the business of Resistance Calvin allows of no case for ought I can see in which the Subject lawfully may resist the Sovereign Sect. 23. quandoquidem resisti magistratui non potest quin simul resistatur Deo forasmuch as the Magistrate cannot be resisted but that God is resisted also and reckoning up those several pressures whereof Samuel spake unto the Jews and which he calls jus Regis as himself translates it he concludes at last Sect. 26. cui parere ipsi necesse esset nec obsistere liceret that no resistance must be made on the Subjects part though Kings entrench as much upon them both in their liberties and properties as the Prophet speaks of His Scholars are grown wiser and instruct us otherwise Paraeus saith that if the King assault our persons or endeavour to break into our Houses we may as lawfully resist him as we would do a Thief or Robber on the like occasions And our new Master have found out many other Cases in which the Subject may resist and which is more than so is bound to do it Paraeus in Rom. cap. 13. as namely in his own behalf and in Gods behalf in behalf of his Countrey and in behalf of the Laws and in so many more behalfs that they have turned most Christian Kings out of half their Kingdoms But to go on Calvin determins very rightly that notwithstanding any Contract made or supposed to be made between a King and his people yet if the King do break his Covenants and oppress the Subject the Subject can no more pretend to be discharged of his Allegiance than the Wife may lawfully divorce herself from a froward Hisband or Children throw aside that natural duty which they owe their Parents because their Parents are unkind and it may be cruel Those which do otherwise conclude from the foresaid Contract he calls insulsos ratioeinatores Sect. 29. but sorry and unsavory Disputants and reckoneth it for a seditious imagination that we must deal no otherwise with Kings than they do deserve nec aequum esse ut subditos ei nos praestemus qui vicissim Regem nobis non se praestet Sect. 27. or to imagine that it is neither sense nor reason that we should â—â—ew our selves obedient subjects unto him who doth not mutually perform the duty of a King to us His Scholars are grown able to teach their Master a new Lesson and would tell him if he were alive that there is a mutual Contract between King and Subjects and if he break the Covenant he forfeiteth the benefit of the Agreement and he not performing the duty of a King they are released from the duty of Subjects As contrary to their Masters Tenet as black to white and yet some late Pamphleters press no doctrine with such strength and eagerness as they have done this Nor have the Pulpits spaâ—ed to publish it to their cheated Auditories as a new Article of Faith that if the Ruler perform not his duty the Contract is dissolved and the people are at liberty to right themselves What excellent uses have been raised from this dangerous Doctrine as many Kings of Christendom have fest already so posterity will have cause to lament the mischiefs which it will bring into the World in succeeding Ages Finally Calvin hath determined and exceeding piously that if the Magistrate command us any thing which is contrary to the Will and word of God we must observe Saint Peters Rule and rather choose to obey God than men and that withal we must prepare our selves to endure such punishments as the offendd Magistrate shall inflict upon us for the said refusal Sect. 32. Et quicquid potius perpeti quam à veritate deflectere and rather suffer any Torments than forsake the way of Gods Commandments The Magistrate as it seems by him must at all times be honoured by us either in our active obedience or in our passive if we refuse to do his will we must be content to suffer for it His Scholars are too wise to submit to that and are so far form suffering for the testimony of the Gospel and a good conscience that they take care to teach the people that it is lawful to rebel in behalf of God to preserve the true Religion when it is in danger or when they think it is in danger by force of Arms and to procure the peace of Hierusalem by the destruction of Babylon Which being so the difference being so great and irreconcileable between the Followers and their Leader in the point of practice between the Master and the Scholars in the points of Doctrine me thinks it were exceeding fit the man were either less admired or better followed that they who cry him up for the great Reformer would either stand to all his Tenets or be bound to none that they would be so careful of the Churches peace and their own salvation as not to swallow down his Errors in his points of disciplines and pass him by with a Magister non tâ—netur when he doth preach Obedience to them and doth so solidly discourse of the powers of Government Tilly Philip. 2. Aut undique religionem suam toliant at usquequaque conserent as Tully said of Antony in another case But of this no more Hitherto CALVIN hath done will few better of the Genevian Doctors none ne unus quidem not so much as one But there 's an herb which spoils the pottage an HERB so venomous that it is mors in olla unto them that taste it The figs in the next basket are evil Jerem. 24. very evil not to be eaten as it is in the Prophets words they are so evil In that before he did exceeding soundly and judiciously law down the doctrine of obedience unto Kings and Princes and the unlawfulness of Subjects taking Arms against their Sovereign In this to come he openeth a most dangerous gap to disobedience and rebellions in most States in Christendom in which his name is either reverenced or his works esteemed of For having fully expressed the points before delivered unto the conscience of the Subject and utterly disabled them from lifting up their hands against the Supream Magistrate on any occasion whatsoever he shews them how to help themselves and what course to take for the asserting of their Liberties and the recovery of their Rights if the Prince invade them by telling them that all he spake before was of private persons Sect. 31. but that if there were any popular Officers such as the Ephori of Sparta the Tribunes of Rome the Demarchi of Athens ordained for the restraint of Kings and Supream Governours it never was his meaning to include them in it And such power he doth suppose to be in the three Estates of
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
was the Authority of the Ephori erected in the time of King Theopompus about 130 years after the death of Lycurgus A second reason which induced those Kings to ordain these Ephori was to ease themselves and delegate upon them that remainder of the Royal power which could not be exercised but within the City For the Kings having little or no command but in Wars abroad cared not for being much at home and thereupon ordained these Officers to supply their places Concerning which Cleomenes thus discourseth to the Spartans after they had destroyed the Ephori and suppressed the Office Id in Agis Cleomenes informing them that Lycurgus had joyned the Senators with the Kings by whom the Common-wealth was a long time governed without help of any other Officers that afterwards the City having great Wars with the Messenians the Kings were always so imployed in that War that they could not attend the affairs of the State at home and thereupon made choice of certain of their friends to sit in judgment in their stead whom they called the Ephori 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for a long time did govern only as the Kings Ministers though afterwards by little and little they took unto themselves the supreme Authority Another reason hath been given of the institution which is that if a difference grew between the two Kings in a point of judgment there might be some to arbitrate between them and to have the casting voice amongst them when the difference could not be agreed And this is that which Lisander and Mandroclidas two that had been Ephori suggested unto Agis and Cleombrotus the two Kings of Sparta declaring Id. ibid. That the Office of the Ephori was erected for no other reason 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. But because they should give their voices unto that King who had the best reason on his side when the other would wilfully withstand both right and reason and therefore that they two agreeing might lawfully do what they would without controlment that to resist the Kings was a breach of Law considering that the Ephori by Law had no power nor priviledge but only to arbitrate between them when there was any cause of jar or controversie And this was so received at Sparta for an undoubted truth that Cleomenes being sole King upon the death of Agis of the other house recalled Archidamus the Brother of Agis from his place of Banishment with an intent to make him King not doubting but they two should agree together and thereby make the Ephori of no power nor use So then we have three reasons of the institution and more than these I cannot find of which there is not one that favoureth the device of Calvin or intimateth that the Authority of the Ephori was set up to pull down the Kings And to say truth it is a most unlikely matter that the Kings of Sparta having so little power remaining should need more Officers to restrain them than they had before that they should make a new rod for their own poor backs and add five Masters more to those eight and twenty which Lycurgus had imposed upon them Which makes me wonder much at Tully who doth acknowledge that the Ephori were ordained by Theopompus as both Aristotle and Plutarch do affirm and yet will have them instituted for no other cause nisi ut oppositi sint Regibus but to oppose and curb the Kings Aristot Polit. l. 5. c. 11. Cicero de legibus l. 3. but more that Plato who had so much advantage of him both in time and place should ascribe the institution to Lycurgus and tell us that he did not only ordain the Senate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plato Ep. 8. edit gr lat To. 3. but that he did also constitute the Ephorate for the strength and preservation of the Regal power For out of doubt it is affirmed by Plutarch confirmed by Scaliger and may be gathered from some passages in Eusebius Chronicon and the Authority of Aristotle Plut. in Lycurgo Scalig. animadvers in Euseb Chron. who refers the same to Theopompus as before was shewed that the first Institution was no less than 130 years after the death of Lycurgus Who was the first that bore this Office hath been made a question but never till these later times when men are grown such Sceptics as to doubt of every thing Plutarch affirms for certain 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that the first Ephorus that is to say the first 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plutarch in Lycurgo who had the name of Ephorus by way of excellency for otherwise there were five in all was called Elatus and hereto Scaliger did once agree as appears expresly pag. 67. of his Annotations on Eusebius where he declares it in these words Primus Elatus renunciatur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But after having a desire to control Eusebius he takes occasion by some words in Diogenes Laertius to cry up Chilo for the man first positively Primus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fuit Chilon and next exclusively of Elatus Quibus animadversis non fuerit Elatus primus Ephorus sed Chilon To make this good being a fancy of his own and as his own most dearly cherished he produceth first the testimony of Laertius and afterwards confirms the same by a new emendatio temporum a Calculation and accompt of his own inventing The words produced from Laertius are these verbatim 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Which is thus rendred in the Latine Diogen Lat. 1. l. 1. in Chilo and I think exactly Fuit autem Ephorus circa quinquagessimam quintam Olympiada Porro Pamphila circa sextam ait primumque Ephorum fuisse sub Euthydemo autore Sosicrate primumque instituisse ut Regibus Ephori adjungerentur Satyrus Lycurgum dixit If it be granted in the first place that Chilo was not made Ephorus until the 55. Olympiad as 't is plain it was not and Scaliger affirms as much it must needs follow upon true account that either Chilo was not the first Ephorus or that the Ephori were not instituted in more than twice an hundred and thirty years after Lycurgus had new molded the Common-wealth contrary unto that which is said by Plutarch and out of him repeated by Joseph Scaliger For from the time wherein Lycurgus made his Laws which was in the 25 year of Archelaus the eighth King of the Elder House unto the death of Alcamenes which was the year before the first Olympiad Euseb Chron. lib. post p. 114. of Scaligers edit were 112 years just none under From thence unto the last year of the 55. 220 years compleat which put together make no fewer than 332 years full a large misreckoning Whereas the second year of the fifth Olympiad in which Eusebius puts the Institution of the Ephori both in the Greek and Latine Copies set out by Scaliger himself Pag. 117. of the Latin and 35 of the Greek Edition that second
year I say being added to the 112 before-remembred in which King Alcamenes died makes up the full number of 130 which we find in Plutarch and agrees punctually with the time of Theopompus who as it is confessed by Scaliger did first ordain them Nor doth Laertius say if you mark him well either that Chilo was the first that was ever Ephorus or the first that joyned the Ephori to the Kings of Sparta both which absurdities are by Scaliger imposed upon him For unto any one who looks upon Laertius with a careful eye it may be easily discerned that he speaks no otherwise of the Ephorate than of an Office instituted a long time before with the condition of the which Chilo was well acquainted and therefore thought himself more fit to undergo it than his Brother was who very earnestly desired it Laertius in vita Chilon All that Laertius saith is no more but this that Chilo was made Ephorus first not the first Ephorus which was made as Scaliger would have it under Euthydemus and that as Satyrus affirmed who therein questionless was misled by Plato Lycurgus was the first who joyned the Ephori to the Spartan Kings which words viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he hath left out of purpose to abuse his Author and make him speak the thing which he never meant His other blunderings and mistakes to make good this business first laying the dissolution of the Ephorate by Cleomenes Pag. 67 of the Animadvers non multo ante vel post initium Philippi either not long before or shortly after the beginning of the reign of Philip the last King of Macedon but one which indeed is true and within nine Lines no more laying it in the 13. year of the self-same King Philip most extreamly false the changing of his Authors words from Fuit autem sub Regibus Lacedaemon annis 350 as they occur in the Translation of S. Hierom printed at Basil into Fuit sub Regibus Lacedaemoniorum Annis 350. against the Authors mind and the Rules of Grammar only to bring about his device of Chilo and blind his Readers eyes with a new Chronology and others I could point to if my leisure served I purpose to forbear at the present time Nor had I been so bold with Scaliger at all or at least not now but that the proud man is more bold with the Antient Fathers whom he is pleased to look on with contempt and scorn as often as they come before him for which see pag. 255. of his Annotations And so I leave him with that Censure which he gives Eusebius as learned and industrious an Antiquary as any Scaliger of them all no man dispraised Erratis hujus Autoris enumerandis charta non suffecerit Animadvers in Euseb p. 255. and so sare him well But to proceed the Ephori being thus ordained by Theopompus became not presently of such authority and power as by degrees they did attain to For being chosen by the Kings as their proper Ministers as before was said and many times 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 even from their very nearest Friends Plutarch in Agis Cleomen as we read in Plutarch they were hard thrust at by the Senate and forced to put up many an affront from that mightier Body And this was it that Chilo aimed at when he told his Brother who at the same time desired the Office Laertius in vita Chilon and seemed offended that he lost it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that he was better skilled in bearing injuries and affronts than his Brother was But this continued for no longer than whilest the Kings served their turns upon them to oppose the Senate and kept the nomination of them in their own hands For afterwards the Kings relinquishing the Election to the common people upon a forlorn hope of gaining their affections by so great a benefit they began to set up for themselves and in a very little time gained all the custom of the City And of this new Election I am apt to think that Chilo whom before we spake of was the first 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Which I propose not so much out of a desire to comply with Scaliger who for ought I can see aimed at no such matter as on the credit of Eusebius whom he so much lighteth For in Euebius Chronicon of Josephus Scaligers own Edition after he hath put down the institution of the Ephori in the second of the fifth Olympiad as before I told you he gives this Item in the third of the five and fiftieth which is the very same that Laertius speaks of Chilo qui de Septem Sapientibus fuit Lacedaemone Ephorus constituitur Euseb Chronic. lib. poster p. 127. dispositione communis gentis that Chilo one of the seven wise Masters was ordained Ephorus at Sparta by the general consent of all the people But whether this were so or not I am not able to determine absolutely All I observe from hence is this that it is past all question that from this time they took upon them more than they had done formerly and were intent on all advantages to improve their power For whereas at the first they were appointed by the Kings to sit in Judgment in their steads as before was said by little and little 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they drew that power unto themselves Plutarch in Agis Cleom. and exercised it in their own name by their own authority not as the Ministers of the Kings they would none of that but as the Officers of the Common-wealth And to that end they did erect a Court of Judicature which for power and greatness of authority was little inferiour to the Senate drawing unto them all such businesses as were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 most worthy of care and consideration Pausan l. 3. in Laconicis Aristot Polit. lib. 3. cap. 1. By means whereof as they drew many of the people to depend upon them whose businesses and suits of Law were brought to be determined by them so they encreased that dependance by husbanding such difference as did oft arise between the Senate and the Kings to their own advantage For it is well observed by Aristotle that as long as the Senate and the Kings did agree together they kept all the power in their own hands 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but when they jarred amongst themslves Id. ibid. l. 2. c. 9. they gave the people opportunity to become their Masters But that which raised them to the height and made them terrible at last both to King and Senate was the mutual tie and correspondence which was between them and the people by whom they were not only chosen and therefore cherished by them as their own dear Creatures but for the most part chosen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 out of the body of the people and sometime 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 out of the very meanest and neediest of them Aristot Polit. l. 2. cap. 7. which
they were and by whom intrusted Next they attempt to place such Counsellors about the Kings as they might confide in beginning with such Kings as were under Age and the first trial which they made was in appointing one Cleandrides to be about King Plastonax the 19. of the elder House as his chief Counsellor and Director without whose approbation nothing must be done Plutarch in Pericles Another of their usurpations and incroachments was to restrain their Kings in the point of Marriage and to impose some fine or disgrace upon them if they presumed to marry against their liking Anaxandrides the 15. of the elder House had married a Lady of brave parts but it was her ill fortune to be barren a long time together Pausan lib. 3. in Lacon The Ephori command him without more ado 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to give her a Bill of divorce and send her going Archidamus the 17. of the second House married a Wife which brought him Children But fault was found she was too little and thereupon the Ephori condemned him in a sum of money saying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that she would not bring them Kings but demy-Kings Plutarch in Agesilao And that you may perceive how difficult a thing it was to please them in this point Leonidas had married one that was neither barren nor too little and yet was quarrelled by the Ephori and in fine condemned for marrying with a Woman of another Nation The fundamental Laws of Sparta conferred upon the Kings the Supream command over the Military men in all Wars abroad Id. in Agis Cleomenes The Ephori did not only dispose it otherwise and gave it unto such whom they desired to oblige unto them as you heard before but kept the Kings at such a bay that they neither could lead forth the Armies without their consent nor tarry longer in the Camp than they list to let them and if the action did miscarry the Kings were either fined or imprisoned for it Agesilaus being a verry stirring Prince and desirous to get honour in the Wars was not permitted to set forwards till he had bought the Ephori with a sum of money and yet being in the height of his good success was called back again Id. in Agesilao and glad to be conformable to the said Commands And so it fared with Agis and Clcomenes both on the like occasions And for the fining of their Kings besides what we have seen before in the former instances Plistonax being betrayed by Cleandrides whom the Ephori themselves had placed about him and his Army forced to disband and turn home again is presently condemned in so great a sum that he was not able to discharge it Id. in Pericles Aristot Polit. l. 2. cap. 7. By means whereof the Kings were brought at last unto that condition 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Aristotle truly noteth that they were forced to court and bribe the Ephori upon all occasions to the great disservice of the State and sometimes to the fatal overthrow of their chief designs So that it is no marvel if considered rightly either that the Ephori kept their state and rose not up to reverence their King when he came before them though all the residue of the people and the Senate did it as we read in Xenophon De Repub. Lacedaem Plut. in Agesilao or that Agesilaus used to rise up to them as often as they came unto him about any business as we find in Plutarch or that the Kings esteemed it such a point of Sovereignty that when they were commanded to attend the Ephori 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they did refuse to go upon the first and second summons and stirred not till the third command as Cleomenes bragged in the said Historian Id. in Agis Cleomen Which trust me was a point of no small importance And yet they staid not here they went furrher still They thought it not enough to condemn their Kings in vast and unproportionable sums of money unless they laid restraints on their persons also and had command upon their bodies And therefore it is noted by Thucydides not without good reason that they did not only punish with imprisonment their great and principal Commanders Thucydid hist l. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but that it was lawful for the Ephori to do the like unto their Kings Which to avoid Pausanias was inforced to retire himself and live a voluntary exile in another Countrey Nothing remains but they take authority to depose Plutarch in Lysander and in fine to murther them and if they gain not this all the rest is nothing And this they are resolved to gain or be foully foiled nor did they fail in the attempt when they went about it They quarrelled at Leonidas as before I told you for marrying with a Woman of another Countrey without so much as seeking for their approbation And that they may be sure to effect their business Religion is pretended and a star must fall only to warrant their proceedings Which preparations bring past they cite him to appear before them and on default of his appearance they deposed him instantly and conferred the Kingdom on Cleombrotus Id. in agis Cleomenes But these men being out of Office he came out of Sanctuary and was restored again by the next years Ephori Who to make proof that their Authority was as great as their Predecessors thought it not argument enough to restore one King except they did depose and destroy another And thereupon laid hands on Agis of the other House and inhumanly haled him to the common Prison and there most barbarously murdered him with his Mother and Grand-mother 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Id. ibid. And this saith Plutarch was the first time that ever the Ephori put a King to death And so perhaps it was the first but the last it was not For Archidamus the Brother of Agis being recalled from banishment by Cleomenes to the end he might enjoy the Kingdom which did by right belong unto him was presently seised on by the murtherers and dispatched in private for fear he should revenge the death of his slaughtered Brother Id. ibid. By which it is most evident without further proof that the Spartan Aristocracie was become a Tyranny and of all Tyrannies the most insupportable because meerly popular Or if more proof should be desired both Aristotle and his Master Plato will not stick to say it though they both died before these two last Tragedies were acted on the stage of Sparta For Plato being to declare what he conceived of the Government of that Common-wealth resolves that it did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plato de legibus l. 4. approach more near to Tyranny than to any other Form whatever the Power and Empire of the Ephori being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 plainly Tyrannical and no otherwise And Aristotle who had studied the condition of that State
exactly though at the first he seemed to think that it was very well compounded of the three good Forms yet upon full debate thereof he concludes at last 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristot Polit. l. 2. c. 4. that the Dominion of the Ephori was an absolute Tyranny Assuredly had they lived to have seen that day wherein the Ephori embrued their hands in the blood of their Princes under pretence of safety to the Common-wealth they would have voted it to have been a Tyranny in the highest degree and then the most unsufferable Tyrants that ever wretched State groaned under For though the Kings of Sparta were so lessened by Lycurgus Laws that little more was left unto them than the name and Title yet they were Kings and held so sacred by their Neighbours even their very Enemies that none did ever offer to lay hands upon them in the heat and fury of their fights Plutarch in Agis Cleom. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 out of the reverence they did bear to those beams of Majesty which most apparently shined in them The Ephori being grown to this height of Tyranny were the more ready for their fall which followed not long after that most barbarous fact upon the persons of their Princes The Kings had long since stomached them and their high proceedings Id. in Agesil bearing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a kind of Heritable grudge betwixt them as my Author calls it ever since they took upon them to controul their Masters but either wanted opportunity or spirit to attempt any thing to their prejudice and therefore thought it safer to procure their favours than run themselves upon a hazardous Experiment Pausanias the 20. of the Elder House was the first that ever did attempt either by force or practice to subvert the Office the insolencies of the which were then grown so great that being a stout and active Prince he was not able to endure them That he had entertained such thoughts is affirmed by Aristotle where he informs us that Lysander had a purpose to take away the Kingly Government or rather to acquire it to himself as we find in Plutarch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Id. in Lysandâ—o Aristot Polit. lib. 5. c. 1. and that Pausanias had the like to destroy the Ephorate But what he failed to bring about his Successors did at last accomplish Of which Cleombrotus and Agis joyning their hands and heads together did proceed so far that going into the Market place well attended by their Friends and followers they plucked the Ephori from their seats and substituted others in their rooms whom they conceived would be more pliant to their prefent Enterprises which was the first actual attempt Plutarch in Agis Cleom. that ever had been made against them by the Kings of Sparta But evulgato imperii Arcano when so great a mystery of State was once discovered that the Ephori were but mortal men and might as easily be displaced and deposed as any of the other Magistrates Leonidas immediately upon his restitution to the Kingdom made the like removal and displaced those who had taken part against him with the former Kings Id. ibid. So that the ice being broken and the way made open Cleomenes son unto Leonidas had the fairer way to abrogate the Office utterly which at last he did For being a brave and gallant Prince and seeing that the project he was bent upon for the reduction of the Common-wealth to its primitive honour could not be brought about but by their destruction he fell upon them with his Souldiers as they sat at supper and killed four of them in the place the fifth escaping shrewdly hurt to the nearest Sanctuary Id. ibid. That done he went into the Market place and overthrew all the Chairs of the Ephori saving only one which he reserved for himself as his Chair of State and sitting in the same in the sight of the people gave them an account of his proceedings and the reasons which induced him to it Declaring how the Ephori were at first appointed by the Kings themselves that for long time they governed only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Kings Ministers and no otherwise that many years after this Asteropus one of the Ephori building upon a new foundation and being the first Author of that dangerous change they took the Government unto themselves and exercised the same in their own names only that though they had usurped a power which belonged not to them yet had they managed it discreetly the might perhaps have held it longer and with better liking but that licentiously abusing the authority which they had usurped by suppressing the lawful Governors ordained of old by taking upon them to banish some of the Citizens and to put some to death without law and justice and finally by threatning those who were desirous to restore the Government to its antient Form they were no longer to be suffered that for his part he should have thought himself the happiest King that ever was if possibly he could have cured his Countrey of that foul affection withou grief or sorrow but being it was not to be done that way he thought it better that some should be put to death than the whole Common-wealth run on to a swift destruction This said he presently dissolved the Assembly and seriously betook himself to the Reformation which formerly he had projected and in short time reduced the people to the antient Discipline the staee and reputation of the Common-wealth to its ancient height Thus have we made a brief discovery of the Spartan Ephori upon what grounds first instituted and on what destroyed by what foul practices and unlawful means they gained the Sovereignty of the State and by what they lost it how and by what degrees they came from low and mean beginnings to so strange a Tyranny and with what suddenness they lost their power and their lives together But in all this there is not any shew or colour for that which is affirmed by CALVIN no ground for nor verity at all in that Assertion that the Ephori were at first ordained to oppose the Kings to regulate their proceedings and restrain their power but rather that they were ordained as indeed they were to curb the Senate to be the Ministers of the Kings and subservient to them to sit in Judgment for them and discharge such Offices as the Kings pleased to trust them with in their times of absence If Calvins popular Magistrates have no more Authority than the Spartan Ephori according to the rules of their Institution they will have little colour to controul their Princes and less for putting a restraint on the Regal power The most they can pretend to must be usurpation and that will hold no longer if it hold so long than they have power to make it good by blood and violence which I hope Calvin did not aim at And if they have no other ground
six Military Tribunes should be chosen by them to be possessed of all the Consular Authority and they to be promiscuously elected out of the Patricians and the People Livie l. 4. as they saw convenient and having got this ground they went on a main For not long after P. Licinius Calvus a meer Plebeian is made one of these Military Tribunes and shortly after that the Magister Equitum or the Commander of the Horse Thus Silius and Aelius are made Questors those of Patrician rank having had the canvass and next that followed a Decree that the Decemviri Sacrorum who had the custody and charge of the Sibyls Books Id. lib. 6. partim ex Plebe partim ex Patriciis should be indifferently chosen out of both Estates In little time the Tribunes pressing hotly for it L. Sextus obtains the Consulship Id. ibid. Id. lib. 7. Id. lib. 8. C. Martius Rutilius is first made Dictator afterwards one of the Censors also and P. Philo is advanced to the place and dignity of the Praetor Having thus taken possession of all Civil Magistracy which were of any power and dignity in the Common-wealth the Tribunes would not rest nor content themselves until the Commons were made capable of the Priesthood also which after some slight opposition made by Appius Claudius a Family that never yielded any thing to advance the people was conferred upon them five Augures and four Pontifices being added to the former number all chosen and for ever to be chosen by and out of the Commons Id. lib. 10. There were only now two places of respect and credit that of the Maximus Curio and the Pontifex Maximus both which the Nobles did pretend to belong to them but the Tribunes were resolved to have it otherwise According to which resolution Id. lib. 26. C. Manilius got the Office of the Maximus Curio and in the close of all Rofin Antiq. Rom. l. 3. c. 22. but a good while after Omnibus honoribus plebi communicatis after all other honours were conferred upon them or rather communicated to them one T. Coruncanius was declared the Pontifex Maximus All this and more they had but it would not satisfie For there was wanting still both the power of Judicature and the Supream Majesty of the State to make all compleat and to gain this the Tribunes must bestir themselves both with Art and Violence or else they could not hope to estate it on them A business of so high a nature that it was never in a way to be brought about till the two Gracchi undertook the contrivance of it who being men of excellent parts and great abilities did most unfortunately fall on the undertaking and being fallen upon it did devise all ways which either Art or Wit could present unto them to effect the work Of these Tiberius was the eldest who stumbling in the way on the Lex Agraria as being a means to make the poor people more considerable and the rich less powerful and finding that Octavius one of his Colleagues did oppose him in it deposed him from his Office by force and violence only because he stood upon the right of his negative Voice Plutarch in Tib. Calo. He had before inflamed the people by making a seditious speech to prefer their business and now he takes a course to inflame them more for the advancement of his own For one of his Friends being found dead upon a sudden not without some suspicion of poison as he gave it out he put on mourning Apparel and brought his sons before the people into the common Forum beseeching them to have compassion on his Wife and Children as one that utterly despaired of his own safety having for their sakes got the hatred of the Noble-men And sometimes he would be the first man in the Market-place apparelled all in black his face swelled with Tears and looking heavily upon the matter would pray the people to stand to him saying he was afraid his Enemies would come in the Night and overthrow his House to kill him By means of which Devices he so wrought upon them that many of them bought Tents and lay about his House continually to keep him from the hands of his deadly Enemies So that being sure of their concurrence and assistance in any project which he should set on foot to advance himself under pretence of doing service to the Common-wealth he presently proposed a Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that any man that would might appeal from the Judges to the people in what cause soever And that he might be sure to embase the Senate to the improvement and increase of the peoples power he had prepared another of an higher nature which was to add unto the Senate an equal number of the Equites or the Roman Knights who were to be of equal power and to have liberty of Voting in all publick businesses with the antient Senators In passing which and other of his popular Laws he got this Trick and he was very constant to it that if he found the sense of the House to be against him and was not like to carry with him the major part of the Voices he would quarrel with his fellow Tribunes to spin out the time till his party were all come together and if that could not do it neither then he adjourned the Assembly to some other day But yet for all these Artifices and unworthy practices he could not compass the design but left it to be finished by his Brother Caius Who taking the same course to engage the people which his Brother had pursued before brought those designs about which Tiberius failed in Id. ibid. For first whereas the Senate were the only Judges in matters which concerned the affairs of the Common-wealth which made them no less reverenced by the Roman Knights than by others of the common people Caius prevailed so far that he gained a Law for adding three hundred of these Equites to as many Senators for the Senate did consist of three hundred anciently 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 giving them equal power of judging in all causes which were brought before them So that by gaining this and the former Law of appealing to the people upon all occasions the people were estated in the power of Judicature and the dernier resort as the Lawers call it was in them alone The only point now left was the Supream Majesty and that did Caius very handsomly confer upon them without noise or trouble For whereas all other Orators when they made their Speeches turned themselves towards the Palace where the Senate sat he on the contrary turned himself towards the Market place where the people were and taught all other Orators by his Example to do the like And thus saith Plutarch by the only turning of his look he gained a point of infinite consequence and importance 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 changing the Common-wealth from an Aristocratie to a meer Democratie which was
that they were instituted in a time when the affairs of State were managed by nine Annual Magistrates all of them chosen by the people and accomptable to them Livie hist lib. 2. In all these cases cum non in regno populus esset sed in libertate when the people had sued out their Wardship and thought themselves to be at liberty freed from those bonds which Nature and Allegiance formerly had laid upon them they did no more than what a wise and understanding people had good cause to do in taking the best course they could for their future safety And in my mind the people pleade most unanswerably in their own behalf when they alledged se foris pro imperio libertate dimicantes Id. ibid. domi à civibus captos oppressos that fighting valiantly abroad both for their own liberty and their Countreys honour against their Kings they were oppressed and wronged at home by their fellow-Citizens that their condition as things stood was better in times of War than in times of peace their liberty never more assured than when they were amongst their Enemies and therefore being no otherwise bound to submit themselves to that change of Government than as it had been introduced by their own consent they had all the reason in the World to get as good terms as they could and be no losers by the bargain Which though it were the case and plea particularly of the people of Rome might be used also very fitly by the Spartans and Athenians on the self-same reasons But this can no way be pretended or alledged by those who live in an established and successional Monarchy where there is one only to command in chief and nothing left to the Subject praeter obsequii gloriam Tacit. Annal. but the glory of obedience only and the necessity of submiting with a Loyal heart to those commands and impositions which may be laid upon them with an unjust hand So that admitting it for true as indeed it is not the Ephori the Demarchi and the Tribunes were ordained for the ends supposed yet it can follow by no rules of Law or Logick that because such popular Officers have been sometimes instituted to keep the scale upright and the balance even betwixt the Nobles and the People in an Aristocratie therefore the like are to be fancied in a setled Monarchy for moderating the licentiousness that is to say for that no doubt must be his meaning for regulating the Authority of the Sovereign Prince Thus have we seen a manifest discovery of Calvins purpose for setting up some popular Officers in every Kingdom to regulate the Authority and restrain the power of Sovereign Princes and we may see a secret and more subtle danger included in that short Parenthesis than what is obvious at first sight to the unwary Reader For by the instances proposed and presented to us it seems to be his meaning that those popular Officers should not have powr only to restrain their Kings when they trangress the bounds of Law or Equity and either Tyranically oppress the Subject or wilfully dilapidate the Patrimony of the Common-wealth but that they should set themselves against them and controul their doings in the same way and after the same manner as the Ephori did the Kings of Sparta or the Tribunes did the Roman Consuls Now we have shewn before out of several Authors Vide Chap. 1. that the Ephori did not only take upon them to appoint such Privy Counsellors about their Kings as to them seemed best to limit and prescribe them in the choice of their Wives to send them out unto the Wars and recall them home as if they had been hirelings only and of no more reckoning to put them upon Fine and Ransom if they did any thing which was not pleasing to these humorous Gentlemen to have them at command both to come and go at often as they whistled for them or held up a Finger and finally to look for lowly reverence from them whensoever they vouchsafed to summon them to attend their pleasures but also to imprison next to banish and in fine to murder them And we have shewed you of the Tribunes that after they had fortified themselves with large priviledges and grew predominant in the affections of the common people Vide Chap. 2. they did not only quarrel and oppose the Consuls under pretence of setting forth new Laws for the peoples benefit nor were content to ut the people into the possession of all the Offices and honours of the Common-wealth which formerly belonged to the Nobles only whether the Consuls would or not but sometimes clap'd them up in Prison and sometimes forced them to fly the Senate-house for their lives and safety and sometimes threw them down headlong out of their Chairs of State to the great danger of their lives and disgrace of their persons Princes should be in worse condition than their meanest Subjects if they were under the command of such powerful masters who being exalted from mean fortunes and ignoble Families little acquainted with good manners and less with any thing which is brave and Rohal would think themselves unworthy of so great an Office should they not Lord it to the purpose and exercise all kind of Tyranny on their captived Kings which insolence and malice could suggest unto them If Jack be once in Office he must be a Gentleman and gallop to the Devil if he get on Horseback Juvenal Sat. Asperius nihil est humili cum surgit in altum as the Poet hath it If once the Bramble come to have Dominion over the trees of the forrest he will not only rob the Olive of his fatness the Vine of his rich Wines and the Fig-tree of his sweetness but also will devour the Cedars even the Cedars of Lebanon Judg. c. 9. No King or other Supream Magistrate shall dare to stand before them or if he do a fire shall come out of the Bramble and consume him utterly Such popular Officers as those of whom Calvin speaks are of such credit and Authority with the common people whose Officers they are in name but in fact their Masters that if they do but blow the Trumpet and say We have no part in David nor no inheritance at all in the son of Jesse 2 Sam. 20. every man will unto his Tents and forsake the King or Supream Magistrate to follow after them though men of Belial And this I do believe the rather to be Calvins meaning because G. Buchannan who built on his foundation and pursued his Principles doth not only exceedingly commend the act of Theopompus in setting up the Ephori in the State of Sparta and the Answer which he made his Wife when she murmured at it but thinks it very meet and reasonable that a free people as all Subjects are in his opinion should be armed with the like Authority in reprimenda tyrannidis acerbitate De jure regni
himself that whatsoever had been done in the alteration suffragio meo comprobavi he had confirmed and approved as a thing well done Calvin in Eplstola ad Cardinal Sadolet and therefore thought himself to be no less obliged to defend the action than if it had been done at first bh his own command For doubtless that of Tully is exceeding true Nil refert utrum voluerim fieri vel gaudeam factum Cicero in Philip 2. between the doing of a soul and disloyal act and the approbation of it when it is done is but little difference But to proceed our Author being thus made a party in the cause and quarrel of Geeva thought himself bound not only to justifie unto others what himself approved but also to lay down such grounds whereby the Example might be followed and their disloyalty and rebellion the less observed because they did not go alone without company In which respect and 't is a thing to be observed althoughthat Book of Institutions hath been often printed and received many alterations and additions as before was noted yet this particular passage still remains unaltered and hath continued as it is from the first Edition which was in the year 1536. when the Rebellion of Geneva was yet fresh and talked of as an ill Example Nor was the man deceived in his expectation For as he grew into esteem and reputation in the World abroad so he attained at last to that power and Empire over the souls and consciences of his followers that his Errors were accounted Orthodox his defects Perfections and the revolt of the Genevians from their natural Prince must by no means be called Rebellion because projected and pursued by such popular Officers to whom it appertained of common course to regulate the Authority of Kings and Princes And though he doth not say expresly that there either are or ought to be such popular Officers in every Realm or common-wealth but brings it in upon the by with his ifs and ands yet ifs and ands are not allowed of in the Laws to excuse Rebellions Bacons History of King Henry the seventh and by the setting up of that dangerous Si quis si qui sintâ—populares Magistratus as his words there are he seems to make a Proclamation that where there were such Popular Officers it was their bounden duty to correct their Princes after the manner of Geneva where there were none the people were God help them in an ill condition unless some other means were thought of for their ease and remedy Upon which Principles of his his folowers raised such Positions and pursued such practices as have distracted and embroyled the most parts of Europe and made it of a Garden to become a Wilderness For finding that they could not easily create such popular Magistrates to lord it over Kings and Princes who had not been accustomed to the like Controlments they put that power of regulating the Supream Authority either upon the body of the people generally whereof you were told before from Buchannan or upon such to whom they should communicate or transser their Power as occasion served whereof you may hear further in that which followeth And that not only in the case of civil Liberty for which the Examples of the Ephori and the Roman Tribunes were at first found out and that of the Demarchi thrust upon the Readers for the like foul end but specially in such matters which concerned Religion wherein the extraordinary calling of some men in the holy Scriptures must serve for Precedents and Examples to confirm their practices From hence it was that Buchannan doth not only subject his King unto the Ordinary Judges and Courts of Justice as before was noted but fearing that Kings would be too potent to be so kept under adviseth this Buchann de jure Regni Eorum interfectoribus praemia decerni that Rewards should publickly be decreed for those who kill a Tyrant and Kings and Tyrants are the same as heretofore in the word and notion so now in the Opinion of the Presbyterian or Calvinian faction as usually are proposed to those who kill Wolves or Bears From hence it was that the inferiour or subordinate Magistrate is advanced so high as to be entituled to a Power adversus Superiorem Magistratum se Rempub. Ecclesiam etiam armis defendere Paraeus in Epistola ad Rom. cap. 13. of taking Arms against the King or Superiour Magistrate in defence of himself his Countrey and true Religion which though they are the words of Paraeus only yetthey contain the mind and meaning of all the rest of that faction as his son Philip doth demonstrate In Append. ad Cap. 13. Epist ad Rom. Cambden Annal Eliz. An. 1559. Hence was it that John Knox delivered for sound Orthodox doctrine Procerum esse propria autoritate Idololatriam tollere Principes intra legum rescripta per vim reducere that it belonged unto the Peers of each several Kingdom to reform matters of the Church by their own Authority and to confine their Kings and Princes within the bounds prescribed by Law even by force of Arms. Hence that Geselius one of the Lecturers of Roterdam preached unto his people Necessaria Respons Jean de Serres inventnire de Fr. History of the Netherlands Thuan. hist l. 114. Camden Annal An. 15 59. Laurea Austriaca Continuati Thuan. hist l. 8. that if the Magistrates and Clergy did neglect their duty in the reformation of Religion necesse est id facere plebeios that then it did belong to the common people who were bound to have a care thereof and proceed accordingly And as for points of Practice should we look that way what a confusion should we find in most parts of Europe occasioned by no other ground than the entertainment of these Principles and the scattering of these positions amongst the people Witness the Civil Wars of France the revolt of Holland the expulsion of the Earl of East-Friezland the insurrections of the Scots the Tumults of Bohemia the commotions of Brandenburg the translation of the Crown of Sweden from the King of Pole to Charles Duke of Finland the change of Government in England all acted by the Presbyterian or Calvinian party in those several States under pretence of Reformation and redress of grievances And to say truth such is the Genius of the Sect that though they may admit an Equal as parity is the thing most aimed at by them both in Church and State yet they will hardly be persuaded to submit themselves to a Superiour to no Superiours more unwillingly than to Kings and Princes whose persons they disgrace whose power they ruinate whose calling they endeavour to decry and blemish by all means imaginable First for their calling they say it is no other than an humane Ordinance and that the King is but a creature of the peoples making whom having made they may as easily destroy and unmake again Which as it is the
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
great 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Philo de vita Mosis or Court of Sanhedrim And this is that which Casaubon doth also tell us from the most learned and expert of the Jewish Rabbins Non nisi nobilissimos è sacerdotibus Levitis caeteroque populo in lege peritissimos in Sanhedrim eligi Casaub Exercit in Baron 1. Sect. 3. that is to say that none but the most eminent of the Priests the Levites and the rest of the People and such as were most conversant in the Book of the Law were to be chosen into the Sanhedrim But to return again to the Book of God the power and reputation of this Court and Consistory having been much diminished in the times of the Kings of Judah was again revived by Jehosaphat Of whom we read that he not only did appoint Judges in the Land throughout all the fenced Cities of Judah 2 Chron. 19.5 but that he established at Hierusalem a standing Council consisting of the Levites and of the Priests and of the chief of the Fathers of Israel for the judgments of the Lord Ibid. r. 8. and for controversies according to the model formerly laid by God himself in the Book of Deuteronomy Which Court or Council thus revived continued in full force authority and power during the time of the captivity of Babilon as appears plainly by that passage in the Prophesie of Ezekiel where it is said of the Priests even by God himself Ezek. 44. v. 24. in controversie they shall stand in judgment compared with another place of the same Prophet where he makes mention of the Seventy of the Antients of the House of Israel Id. c. 8. v. 11. and Jaazaniah the Son of Shaphan standing in the midst as Prince of the Senate And after their return from that house of bondage they were confirmed in this authority by the Edict and Decree of Artaxerxes who gave Commission unto Ezra to set Magistrates and Judges over the People not after a new way of his own devising Ezra 6.7 v. 25. but after the wisdom of his God declared in the foregoing Ages by his Servant Moses In which estate they stood all the times succeeding until the final dissolution of that State and Nation with this addition to the power of the holy Priesthood that they had not only all that while their place and suffrage in the Court of Sanhedrim as will appear to any one who hath either read Josephus or the four Evangelists but for a great part of that time till the Reign of Herod the Supream Government of the State was in the hands of the Priests In which regard besides what was affirmed from Synesius formerly it is said by Justin Morem esse apud Judaeos ut eosdem Reges sacerdotes haberent that it was the custom of the Jews for the same men to be Kings and Priests Justin hist l. 36. and Tacitus gives this general note Judaeis Sacerdotu honorem firmamentum potentiae esse that the honour given unto the Priesthood amongst the Jews did most espeeially conduce to the establishment of their power and Empire And yet I cannot yield to Baronius neither Tacit. hist l. 3. where he affirms the better to establish a Supremacy in the Popes of Rome Summum Pont. arbitrio suo moderari magnum illud Concilium Baron Annal. An. 57. c. that the High Priest was always President of the Council or Court of Sanhedrim it being generally declared in the Jewish Writers that the High Priest could challenge no place at all therein in regard of his offence and descent but meerly in respect of such personal abilities as made himself to undergo such a weighty burden for which see Phagius in his notes on the 16 of Deuteronomy Thus have we seen of what authority and power the Priests were formerly as well amongst the Jews as amongst the Gentiles we must next see whether they have not been employed in the like affairs under the Gospel of Christ and that too in the best and happiest times of the Christian Church In search whereof it is not to be looked for by the ingenuous Reader that we should aim so high as the first 300 years after Christs Nativity The Prelates of the Church were suspected then to have their different aims and interesses from those who had the government of the Civil State and therefore thought uncapable of trust and imployment in it But after that according to that memorable maxim of Optatus Deschismat Donatist l. 3. Ecclesia erat in Republicâ the Church became a part of the Common-wealth and had their ends and aims united there followed these two things upon it first that the Supream Government of the Church depended much upon the will and pleasure of the Supream Magistrate Scorat Eccl. hist lib. 5. c. 1. insomuch as Socrates observeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that the greatest Councils have been called by their authority and appointment And 2ly That the Governours and Rulers of the Church of God came to have place and power in disposing matter that appertained to the well ordering of the Civil State And this they did not our of any busie or pragmatical desire to draw the cognizance of secular causes into their own hands or to increase their power and reputation with the common People but meerly for the ease and benefit of those who did repair unto them for their help and counsel and to comply with the command of the Apostle who imposed it on them S. Austin tells us of S. Ambrose with how great difficulty he obtained an opportunity of conversing with him privately and at large as his case required Secludentibus eum ab ejus aure atque ore catervis negociosorum hominum August Confes l. 6. c. 3. the multitude of those who had business to him and suits to be determined by him debarring him from all advantages of access and conference Which took up so much of his time that he had little leisure to refresh his body with necessary food or his mind with the reading of good Authors And Posidonius tells us of S. Austin causas audisse diligenter pie that he diligently and religiously attended such businesses as were brought before him not only spending all the morning in that troublesome exercise Posidon in vita August c. 19. but sometimes fasting all day long the better to content the suitor and dispatch the business The like S. Austin tells us of himself and his fellow Prelates first that the Christians of those times pro secularibus causis suis nos non raro quaererent August in Psal 118. serm 74 Epist 147. did ordinarily apply themselves unto them for the determining of secular causes and chearfully submitted unto their decisions next that the Prelates did comply with their earnest solicitations and desires therein Tu multuosissimas eausarum alienarum perplexitates patiendo Id. de opere Monach. c. 29. by
Realm Apud eund p. 219. Thus do we read that Egbert who first united the seven Kingdoms of the Saxons under the name of England did cause to be convened at London his Bishops and the Peers of the highest rank pro consilio capiendo adversus Danicos Piratas Charta Whitlafii Merciorum Regis ap Ingulf to advise upon some course against the Danish Pirates who infested the Sea coasts of England Another Parliament or Council call it which you will called at Kingsbury Anno 855. in the time of Ethelwolph the Son of Egbert pro negotiis regni to treat of the affairs of the Kingdom Chart. Bertulfi Merc. Regis ap Ingulf Ingulfi Croyland hist the Acts whereof are ratified and subscribed by the Bishops Abbots and other great men of the Realm The same King Ethelwolph in a Parliament or Assembly of his States at Winchester Anno 855. Cum consilio Episcoporum principum by the advice and counsel of the Bishops and Nobility confirmed unto the Clergy the tenth part of all mens goods and ordered that the Tithe so confirmed unto them should be free ab omnibus secularibus servitutibus from all secular services and impositions In the Reign of Edred we find this Anno 948. In Festo igitur nativitatis B. Mariae cum universi Magnates regni per Regium edictum summoniti tam Archiepiscopi Episcopi ac Abbates quam caeteri totius Regni proceres optimates Londoniis convenissent ad tractandum de negotiis publicis totius Regni Id ibid. p. 49. edit Lond. viz. That in the Feast of the Nativity of the blessed Virgin the great men of the Realm that is to say Archbishops Bishops Abbots Nobles Peers were summoned by the Kings Writ to appear at London to handle and conclude about the publick affairs of the Kingdom Mention of this Assembly is made again at the foundation and endowment of the Abbie of Crowland Id. p. 500. and afterwards a confirmation of the same by Edgar Anno 966. praesentibus Archiepiscopis Espiscopi Abbatibus Optimatibus Regni in the presence of the Archbishops Bishops Id. pag. 501. 502. Abbots and Peers of the Kingdom Like convention of Estates we find to have been called by Canutus after the death of Edmund Ironside for the setling of the Crown on his own head of which thus the Author Rog. Hoveden Annal. pars prior p. 250. Cujus post mortem Rex Canutus omnes Episcopos Duces necnon principes cunctosque optimates gentis Angliae Londoniae congregari jussit Where still we find the Bishops to be called to Parliament as well as the Dukes Princes and the rest of the Nobility and to be ranked and marshalled first which clearly shews that they were always reckoned for the first Estate before the greatest and most eminent of the secular Peers And so we find it also in a Charter of King Edward the Confessor the last King of the Saxon race by which he granted certain Lands and priviledges to the Church of Westminster Anno 1066. Cum consilio decreto Archiepiscoporum Episcoporum Comitum aliorumque Optimatum Ap. H. Spelman in Concil p. 630. with the Council and decree of the Archbishops Bishops Earls and others of his Nobles And all this while the Bishops and other Prelates of the Church did hold their Lands by no other Tenure than in pura perpetua eleemosyna or Frank almoigne Cambden in Brit. as our Lawyers call it and therefore sat in Parliament in no other capacity than as spiritual persons meerly who by their extraordinary knowledg in the Word of God and in such other parts of Learning as the World then knew were thought best able to direct and advise their Princes in points of judgment In which capacity and no other the Priors of the Cathedral Churches of Canterbury Ely Winchester Coventry Bath Worcester Norwich and Durham the Deans of Exeter York Wells Salisbury and Lincoln the Official of the Archbishop of Canterbury and the Dean of the Arches the Guardian of the Spiritualties of any Bishoprick when the See was vacant Selden Titles of hon part 2. c. 5. and the Vicars general of such Bishops as were absent beyond the Seas had sometimes place and suffrage in the house of Lords in the Ages following But when the Norman Conqueror had possest the State then the case was altered the Prelates of the Church were no longer suffered to hold their Lands in Frankalmoigne as before they did or to be free from secular services and commands as before they were Although they kept their Lands yet they changed their Tenure and by the Conqueror Mat. Paris in Will 1. Auno 1.70 were ordained to hold their Lands sub militari servitute either in Capite or by Baronage or some such military hold and thereby were compâ—â—lable to aid the Kings in all times of War with Men Arms and Horses as the Lay subjects of the same Tenures were required to do Which though it were conceived to be a great Disfranchisement at the first and an heavy burden to the Prelacy yet it conduced at last to their greater honour in giving them a further Title to their place in Parliament than that which formerly they could pretend to Before they claimed a place therein ratione Officii only by reason of their Offices or spiritual Dignities but after this by reason also of those ancient Baronies which were annexed unto their Dignities Stamfords Pleas l. 3. c. 1. en respect de lour possessions l'antient Baronies annexes a lour dignities as our Lawyers have it From this time forwards we must look upon them in the House of Parliament not as Bishops only but as Peers and Barons of the Realm also and so themselves affirmed to the Temporal Lords in the Parliament holden at Northamptâ—n under Henry 2. Non sedimus hic Episcopi sed Barones nos Barones vos Barones Ap. Selden Titles of hon p. 2. c. 5. Pares hic sumus We fit not here say they as Bishops only but as Barons We are Barons and you are Barons here we sit as Peers Which last is also verified in terminis by the words of a Statute or Act of Parliament wherein the Bishops are acknowledged to be Peers of the Land Stat. 25 Edw. 3. c. 5. Now that the Bishops are a fundamental and essential part of the Parliament of England I shall endeavour to make good by two manner of proofs whereof the one shall be de jure and the other de facto And first we shall begin with the proofs de jure and therein first with that which doth occur in the Laws of King Athelstan amongst the which there is a Chapter it is Cap. 11. entituled De officio Episcopi quid pertinet ad officium ejus and therein it is thus declared Spelm. concil p. 402. Episcopo jure pertinet omnem rectitudinem promovere Dei scilicet seculi
c. convenit ut per consilium testimonium ejus omne legis scitum Burgi mensura omne pondus sit secundum dictionem ejus institutum that is to say it belongeth of right unto the Bishop to promote Justifice in matters which concern both the Church and State and unto him it appertaineth that by his counsel and award all Laws and Weights and Measures be ordained throughout the Kingdom 2. Next we will have recourse to the old Record entituled Modus tenendi Parliamentum In which it is affirmed ad Parliamentum summoneri venire debere Archiepiscopos Episcopos Abbates Priores alios majores cleri qui tenent per Comitatum aut Baroniam ratione hujusmodi tenurae Modus tenendi Parliament that all the Archbishops Bishops Abbats Priors and other Prelates of the Church who hold their Lands either by an Earls fee or a Barons fee were to be summoned and to come to Parliament in regard of their Tenure 3. Next look we on the chartularies of King Henry the first recognized in full Parliament at Clarendon under Henry the 2d where they are called avitas consuetudines which declare it thus Archiepiscopi Episcopi universae personae qui de Rege tenent in Capite habeant possessiones suas de Rege sicut Baroniam c. sicut caeteri Barones debent interesse juditiis Curiae Regis cum Baronibus quousque perveniatur ad diminutionem membrorum vel ad mortem Matth. Paris in Hen. 2. The meaning is in brief that Archbishops Bishops and all other Ecclesiastical persons which hold in Capite of the King are to have and hold their Lands in Barony and that they ought as Barons to be present in all Judgments with the other Barons in the Court of Parliament until the very sentence of death or mutilation which was very common in those times was to be pronounced And then they commonly did use to withdraw themselves not out of any incapacity supposed to be in them by the Law of England but out of a restraint imposed upon them by the Canons of the Church of Rome 4. In the great Charter made by King John in the last of his Reign we have the Form of summoning a Parliament and calling those together who have Votes therein thus expressed at large Ad habendum commune consilium Regni de auxilio assidendo c. de scutagiis assidendis faciemus summoneri Archiepiscopos Episcopos Abbates Comites Majores Barones Regni sigillatim per literas nostras Et praeterea summoneri faciemus in generali per Vice Comites Ballivos nostros omnes alios qui in Capite tenent ad certum diem Id. in Joh. sc ad terminum 40. dierum ad minus ad certum locum c. In which we have not only a most evident proof that the Bishops are of right to be called to Parliament for granting Subsidies and Escuago and treating of the great Affairs which concern the Kingdom but that they are to be summoned by particular Letters as well as the Earls and Barons or either of them A Form or copy of which summons issued in the time of the said King John is extant on Record and put in print of late in the Titles of Honour Pr. 2. c. 5. And we have here I note this only by the way a brief intimation touching the Form of summoning the Commons to attend in Parliament and the time of 40 days expresly specified to intervene between the summons and the beginning of the Parliament Which Commons being such as anciently did hold in Capite and either having a Knights fee or the degree of Knighthood did first promiscuously attend in these publick meetings and after were reduced to four quatuor discretos milites de Comitatu tuo Id. ibid. as the Writ ran unto the Sheriff and at last to two as they continue to this day 5. We have it thus in the Magna Charta of King Henry the 3d. the birth-right of the English Subject according as it stands translated in the book of Statutes First we have granted to God and by this our present charter have confirmed for us and our heirs for ever that the Church of England shall be free Magna Charta ca. 1. and shall enjoy all her whole Rights and Liberties inviolable But it was a known Right and Liberty of the Church of England that all the Bishops and many of the greater Clergy and peradventure also the inferiour Clergy whereof more anon had their Votes in Parliament and therefore is to be preserved inviolable by the Kings of England their heirs and Successors for ever Which Charter as it was confirmed by a solemn Curse denounced on all the Infringers of it by Boniface Archbishop of Canterbury Matth. Paris in Henr. 3. and ratified in no fewer than 30 succeeding Parliaments so was it enacted in the reign of Edward the first that it should be sent under the great Seal of England to all the Cathedral Churches of the Kingdom to be read twice a year before the people 25 Edw. 1. c. 2. 28 Edw. 1. c. 1. 25 Edw. 1. c. 3. that they should be read four times every year in a full County-Court and finally that all judgments given against it should be void 6. We have the Protestation of John Stratford Archbishop of Canterbury in the time of King Edward the 3d. who being in disfavour with the King and denied entrance into the House of Peers â—â—llenged his place and suffrage there as the first Peer of the Realm and one that ought to have the first Voice in Parliament in right of his See But hear him speak his own words which are these that follow Amici for he spake to those who took witness of it Rex me ad hoc Parliamentum scripto suo vocavit ego tanquam major Par Regni post Regem primam vocem habere debens in Parliamento jura Ecclesiae meae Cantuariensis vendico Antiqu. Britan. in Joh. Stratford ideo ingressum in Parliamentum peto which is full and plain 7. And lastly there is the Protestation on Record of all the Bishops in the reign of King Richard the 2d at what time William Courtney was Arch-bishop of Canterbury who being to withdraw themselves from the House of Peers at the pronouncing of the sentence of death on some guilty Lords first made their Procurators to supply their rooms and then put up their Protestation to preserve their Rights the sum whereof for as much as doth concern this business in their own words thus De jure consuetudine regni Angliae ad Archiepiscopum Cantuariensem qui pro tempore fuerit necnon caeteros Suffraganeos confratres compatres Abbates Priores aliosque Prelatos quoscunque per Baroniam de domino Rege tenentes pertinet in Parliamentis Regis quibuscunque ut Pares regni praedicti personaliter interesse ibidemque de
Clergy Subsidies presented to the Kings of England ever since the 27th of Queen Elizabeth and in the form of the Certificates per Praelatos Clerum returned by every Bishop to the Lord High Treasurer and finally Nos Episcopi Clerus Cantuariensis Provinciae in hac Synodo more nostro solito dum Regni Parliamentum celebratur congregati in the Petition to K. K. Philip and Mary about the confirmation of the Abby Lands to the Patentees So that though many Statutes have been made in these later times excluso Clero the Clergy that is to say the inferiour Clergy being quite shut out and utterly excluded from those publick Councils yet this proves nothing to the point that any Act of Parliament hath been they either were shut out by force or excluded by cunning As for Kilbancies book which that Author speaks of Proing pract of Parl. p. 38. in which the Justices are made to say 7 H. 8. that our Sovereign Lord the King may well hold his Parliament by him and his Temporal Lords and by the Commons also without the Spiritual Lords for that the Spiritual Lords have not any place in the Parliament Chamber by reason of their Spiritualties but by reason of their Temporal possessions Besides that it is only the opinion of a private man of no authority or credit in the Common-wealth and contrary to the practice in the Saxon times in which the Bishops sate in Parliament as Spiritual persons not as Barons the reason for ought I can see will serve as well to pretermit all or any of the Temporal Lords as it can serve to pretermit or exclude the Bishops the Temporal Lords being called to Parliament on no other ground than for the Temporal possessions which they hold by Barony If it be said that my second answer to the argument of Excluso Clero supposeth that the inferior Clergy had some place in Parliament which not to be supposed makes the Answer void I shall crave leave to offer some few observations unto the consideration of the sober and impartial Reader by which I hope to make that supposition probable and perhaps demonstrative First then we have that famous Parliament call it Concilium magnum or Concilium commune or by what other name soever the old Writers called it summoned by King Ethelbert Concil Hen. Speiâ—â— Anno 605. which my Author calleth Commune concilium tam Cleri quam Populi where Clerus comprehendeth the body of the Clergy generally as well the Presbyters as the Bishops as the word populus doth the lay-subject generally as well Lords as Commons or else the Lords and Commons one of the two must needs be left out And in this sense we are to understand these words in the latter times Matth. Paris in Hen. 1. as where we read that Clerus Angliae populus Vniversus were summoned to appear at Westminister at the Coronation of King Henry the first where divers Laws were made and declared subscribed by the Arch-bishops Bishops and others of the principal persons that were there assembled Rong Hov. in Hen. 2. that Clero populo convocato the Clergy and People of the Realm were called to Clarendon Anno 1163. by King Henry II. for the declaring and conforming of the Subjects liberties that in the year 1185. towards the latter end of the said Kings Reign Convocatus est Clerus populus cum tota Nobilitate ad fontem Clericorum Matth. Paris in Hen. 2. the Clergy Commons and Nobility were called unto the Parliament held at Clerkenwell and finally that a Parliament was called at London in which the Arch-bishop of Canterbury was present cum toto Clero tota secta Laicali Quadrilog ap Selden Tit. of Hon. pt 2. c. 5. in the time of King John Hitherto then the Clergy of both ranks and orders as well as Populus or tota secta Laioalis the Subjects of the Laity or the Lords and Commons had their place in Parliament And in possession of this right the Clergy stood when the Magna Charta was set out by King Henry III. wherein the Freedoms Rights and Priviledges of the Church of England of which this evidently was one was confirmed unto her of the irrefragable and inviolable authority whereof we have spoken before Magna Charta cap. 1. The Cavil of Excluso Clero which hath been used against the Voting of the Bishops in the House of Peers comes in next for proof that the inferiour Clergy had their place or Vote with the House of Commons if in those times the Lords and Commons made two Houses which I am not sure of the Clergy could not be excluded in an angry fit or out of a particular design to deprive them of the benefit of the Kings protection if they had not formerly a place amongst them and if we will not understand by Clerus the inferior Clergy which much about that time as before we shewed began to be the legal English of the word we must needs understand the whole Clergy generally the Clergy of both ranks and orders But our main proofs are yet to come which are these that follow First it is evident that antiently the Clergy of each several Diocess were chargeable by Law for the expences of their Proctors in attending the service of the Parliament according as the Counties were by Common law since confirmed by Statute 23 H. 6. c. 11. to bear the charges of their Knights the burroughs and Cities of their Representees which questionless the Laws had not taken care for but that the Clergy had their place in Parliament as the Commons had Rotul Patent 26 Ed. 3. pt 1. 1. M. 22. And this appears by a Record of 26th of King Edward III. in which the Abbot of Leicester being then but never formerly commanded to attend in Parliament amongst others of the Regular Prelates petitioned to be discharged from that attendance in regard he held in Frank-Almoigne only by no other tenure Which he obtained upon this condition ut semper in Procuratores ad hujusmodi Parliamenta mittendos consentiat ut moris est eorundem expensis contribuat that is to say that he and his Successors did give their Voices in the choice of such Procurators as the Clergy were to send to Parliament and did contribute towards their charges as the custom was Next in the Modus tenendi Parliamentum which before we spake of there is a modus convocandi Clerum Angliae ad Parl. Regis Modus tenendi Parl. Ms. V. Titles of hon pt 2. a form of to the Court of Parliament said to be used in the time of Edward the Son of Ethelred presented to the Conqueror and by him observed which shews the Clergy in those times had their place in Parliament Which being but a general inference shall be delivered more particularly from the Modus it self which informs us thus Rex est caput principium finis Parliamenti
Successors of John of Gaunt cast many a longing eye on the Church revenues and hardly were persuaded to abstain from that height of sacriledg which Henry the 8. did after come to And this I am induced to believe the rather in regard that in the confirmation of the Churches rights so solemnly confirmed and ratified in all former Parliaments there was a clog put to or added in these times which shaked the Fabrick the confirmation being first of such rights and liberties as were not repealed 3 Hen. 5. cap. 1. 4 Hen. 5. cap. 1. and afterwards of such as by the Common Law were not repealable 2 Hen. 6. cap. 1. which might go very far indeed And secondly I find that in the 8. of Henry the 6. an Act of Parliament was passed that all the Clergy called to Convocation by the Kings Writ and their servants and Family shall for ever hereafter fully use and enjoy such liberty and defence in coming tarrying and returning as the great men and Commonalty of the Realm of England called to the Kings Parliament do enjoy 8 Hen. 6. cap. 1. c. Which being an unnecessary care or caution when the Clergy had their Voice in Parliament and very necessary to be taken formerly if they had never had such Voice makes me conceive that it was much about this time that they lost that priviledg But this I leave as a conjecture and no more than so For answer to the second Argument that if they had been called of old ad consentiendum we should have found more frequent mention of their consent unto the Acts and Statutes of the former times besides that it is a Negative proof and so non concludent it strikes as much against the presence and consent of the Knights and Burgesses in the elder Parliaments as it can do against the Clergy For in the elder Parliaments under King Henry 3. and K. Edward the first there is no mention of the Commons made at all either as preent or consenting nor much almost in all the Parliaments till King Henry 7. but that they did petition for redress of grievance and that upon their special instance and request several Laws were made for the behoof and benefit of the Common-wealth In the Proem to the severall Sessions which part the Clergy also acted in some former Parliaments as before was shewed So that this negative Argument must conclude against both or neither But secondly I answer that in these elder times in which the Proctors for the Clergy had their place in Parliament they are included generally in the name of the Commons And this I say on the Authority of the old modus tenendi Parliamentum in which the Commons are divided in the Spiritualty and the Temporalty and where it is expresly said that the Proctors for the Clergy the Knights the Citizens and the Burgesses did represent the whole commonalty of the Realm of England Cap. ult And this holds good in Law for ought I find unto the contrary to this very day Certain I am that Crompton in his book of the Jurisdiction of Courts where he speaks of Parliaments doth tell us that the Knights Citizens Burgesses and Barons of the Cinque-ports ove le Clergie qu' eux assemble au Pawles Crompton Jurisd des Courts Car. represent le corps de tout le Comminalty Dengliterre together with the Clergy which assembled at S. Pauls do represent the body of the whole Commonalty of England So then the Clergy were not only called but were present also according to that clause in the Writ of Summons which before I spake of directed to their several and respective Bishops as the Kings spiritual Sheriffs if I may so say enabled by the Laws to that end and purpose Which some endeavouring to avoid have at last found out that the clause before recited out of the Writ to the Bishops is not a calling of the Clergy to attend in Parliament but to command them to attend in the Convocation which I have heard much pressed by those who pretend unto some knowledg in the course of things Which though it be a gross mistake and inconsistent with the words and circumstances of the Writ it self which relates meerly to the Parliament and business of a Parliamentarie nature yet for the clearing of the point and undeceiving such as have been deceived they may please to know thta besides this Writ by which the Clergy are commanded to appear in Parliament there is another Writ and another Form of calling them unto the service of the Convocation which is briefly this The King sends out his Writ or Mandat to the Arch-bishop of Canterbury requiring him super quibusdam arduis urgentibus negotiis Regist Warham c. for divers great and weighty reasons cocnerning the Kings Honour the Churches safety and the publick peace of his Dominions to summon all the Bishops Deans and Chapters Arch-deacons and the whole Clergy of his Province to meet in Convocation at a day and place appointed On the reception of which Writ thge Arch-bishop sendeth out his Monitory to the Bishop of London who by his place in Dean of the Episcopal Colledg Antiqu. Britan. in initio and to disperse the Mandates of the Metropolitan requiring him to appear himself in person and to send out his Warrant unto every Bishop of the Province to appear there also and to take order that the Deans of the Cathedrals and Arch-decaons personally the Chapter of one Procurator the Clergy of the Diocese by two whom we usually call Clerks of the Convocation do attend that service Which coming to the hands of each several Bishop the do accordingly give intimation to their Deans and Chapters Regist Warham and to their Arch-deacons and the Clergy and they accordingly prepare themselves to obey the Monitory and to return certificate of their doings in it The like proceeding is observed also for the Province of York So that the calling of the Clergy to the Convocation being by a different Writ and another Form which hath no reference to nor dependance on the Writs directed by the King to each several Bishop for their attendance in the Parliament it must needs be as I conceive it that by that clause remaining in the Writs aforesaid the Clergy have good right and Title to a Voice in Parliament though they have lost their jus in re the benefit the use and possession of it But I speak this as once the Apostle said in another case not by commandment but by permission For I persaude my self the Clergy do not aim so high at the recovery of a right so long antiquated and disused but would be well enough content with the restitution of the Bishops to their Vote in Parliament of which they stood possessed by so strong a Title as the very constitution of the Parliament and the fundamental Laws of the English Government could confer upon them For though the Bishops sat in
together can conclude on any thing unto the prejudice of the third Bodinus that renowned States-man doth resolve it Negatively and states it thus nihil à duobus ordinibus discerni posse quo uni ex tribus incommodum inferatur Bodin de Rep. l. 3. c. 7. si res ad singulos ordines seorsum pertinet that nothing can be done by two of the Estates to the disprofit of the third in case the point proposed be such as concerns them severally The point was brought into debate upon this occasion Henry the 3d. of France had summoned an Assembly of the three Estates or Conventus Ondinum to be held at Bloys Anno 1577. the Form and Order of the which we have at large by Thuanus Lib. 63. But finding that he could not bring his ends about so easily with that numerous body as if they were contracted to a narrower compass he caused it to be mov'd unto them that they should make choice of 36 twelve of each Estate Tonanus in hist temp l. 63. quox Rex cum de postulatis decerneret in consilium adhibere dignaretur whom the King would deign call to Council for the dispatch of such Affairs and motions as had been either moved or proposed unto him Which being very readily assented to by the Clergy and Nobility who hoped thereby to find some favour in the Court and by degrees to be admitted to the Privy Council was very earnestly opposed by Bodinus being then Delegate or Commissioner for the Province of Veromandois who saw full well that if businesses were so carried the Commons which made the third Estate would find but little hopes to have their grievances redressed â—â—iin de Rep. â— 1. c. 7. their petitions answered And therefore laboured the rest of the Commissioners not to yield unto it as being utterly destructive of the Rights and Liberties of the common people which having done he was by them intrusted to debate the business before the other two Estates and did it to so good effect that at the last he took them off from their resolution and obtained the cause What Arguments he used in particular neither himself nor Thuanus telleth us But sure I am that he insisted both on the ancient customs of the Realm of France as also of the Realm of Spain and England and the Roman Empire in each of which it was received for a ruled case nihil à duobus ordinibus statui posse quo uni ex tribus prejudicium crearetur that nothing could be done by any of the two Estates unto the prejudice of the third And if it were a ruled case then in the Parliament of England there is no reason why it should be otherwise in the present times the equity and justice of it being still the same and the same reasons for it now as forcible as they could be then Had it been otherwise resolved of in the former Ages wherein the Clergy were so prevalent in all publick Councils how easie a matter had it been for them either by joyning with all the Nobility to exclude the Commons or by joyning with the Commonalty to exclude the Nobles Or having too much conscience to adventure to so great a change an alteration so incompatible and inconsistent with the Constitution of a Parliament how easily might they have suppressed the potency and impair the Priviledges of either of the other two by working on the humours or affections of the one to keep down the other But these were Arts not known in the former days nor had been thought of in these last but by men of Ruine who were resolved to change the Government as the event doth shew too clearly both of Church and State Nor doth it help the matter in the least degree to say that the exclusion of the Bishops from the House of Peers was not done meerly by the practice of the two other Estates but by the assent of the King of whom the Laws say he can do no wrong and by an Act of Parliament whereof our Laws yet say quae nul doit imaginer chose dishonourable that no man is to think dishonourably Plowden in Commentar For we know well in what condition the King was when he passed that Act to what extremities he was reduced on what terms he stood how he was forced to flye from his City of London to part with his dear Wife and Children and in a word so overpowred by the prevailing party in the two Houses of Parliament that it was not safe for him as his case then was to deny them any thing And for the Act of Parliament so unduly gained besides that the Bill had been rejected when it was first brought unto the Lords and that the greater part of the Lords were frighted out of the House when contrary unto the course of Parliament it was brought again it is a point resolved both in Law and Reason that the Parliament can do nothing to the destruction of it self and that such Acts as are extorted from the King are not good and valid whereof we have a fair Example in the book of Statutes 15 Ed. 3. For whereasz the King had granted certain Articles pretended to be granted in the Form of a statute expresly contrary to the Laws of the Realm and his own Prerogative and Rights Royal mark it for this is just the case which he had yielded to eschew the dangers which by denying of the same were like to follow in the same Parliament it was repealed in these following words It seemed good to the said Earls Barons and other wise men that since the Statute did not proceed of our Free will the same be void and ought not to have the name nor strength of a Statute and therefore by their counsel and assent we have decreed the said Statute to be void c. Or if it should not be repealed in a formal manner yet is this Act however gotten void in effect already by a former Statute in which it was enacted in full Parliament and at the self-same place where this Act was gained that the Great Charter by which and many other Titles the Bishops held their place in Parliament should be kept in all points and if any Statute be made to the contrary 42 Ed. 3. c. 1. it shall be holden for none CHAP. VI. That the three Estates of every Kingdom whereof Calvin speaks have no Authority either to regulate the power or control the actions of the Sovereign Prince 1. The Bishops and Clergy of England not the Kings make the third Estate and of the dangerous consequences which may follow on the contrary Tenet 2. The different influence of the three Estates upon conditional Princes and an absolute Monarch 3. The Sanhedrim of no Authority over the persons or the actions of the Kings of Judah 4. The three Estates in France of how small Authority over the actions of that King 5. The King of Spain not over-ruled or
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
without incurring the crimes of Treason or Disloyalty not only to oppose but resist them in it The like to which occurrs for the Realm of Hungary wherein K. Andrew gives Authority to his Bishops Lords Bonfinius de Edict publ p. 37. and other Nobles sine nota alicujus infidelitatis that without any imputation of Disloyalty they may contradict oppose and resist their Kings if they do any thing in violation of some Laws and sanctions In Poland the King takes a solemn Oath at his Coronation to confirm all the Priviledges Rights and Liberties which have been granted to his Subjects of all ranks and Orders by any of his Predecessors and then adds this clause quod si Sacramentum meum violavero incolae Regni nullam nobis obedientiam praestare tenebuntur which if he violates his Subjects shall no longer be obliged to yield him Obedience Which Oath as Bodin well observeth Bodin de Rep. lib. 2. cap. 8. doth savour rather of the condition of the Prince of the Senate than of the Majesty of a King The like may be affirmed of Frederick the first King of Danemark who being called unto that Crown on the ejection of K. Christian the 2d An. 1523. was so conditioned with by the Lords of the Kingdom that at his Coronation or before he was fain to swear that he would put none of the Nobility to death or banishment but by the judgment of the Senate that the great men should have power of life or death over their Tenants and Vassals and that no Appeal should lie from them to the Kings Tribunal nor the King be partaker of the confiscations nec item honores aut imperia privatis daturum Id. ibid. c. nor advance any private person to Commands or Honours but by Authority of his great Council Which Oath being also taken by Frederick the second made Bodinus say that the Kings of Danemark non tam reipsa quam appellatione Reges sunt were only titular Kings but not Kings indeed Which Character he also gives of the King of Bobemia Id. ibid. p. 88. But in an absolute Monarchy the case is otherwise all the prerogatives and rights of Sovereignty being so vested in the Kings person ut nec singulis civibus nec universis fas est c. that it is neither lawful to particular men nor to the whole body of the Subjects generally to call the Prince in question for Life Fame or Fortunes Id. ibid. p. 210. and amongst these he reckoneth the Kingdoms of France Spain England Scotland the Tartars Muscovites omnium pene Africae Asiae imperiorum and of almost all the Kingdoms of Africk and Asia But this we shall the better see by looking over the particulars as they lie before us But first before we come unto those particulars we will look backwards on the condition and Authority of the Jewish Sanbedrim which being instituted and ordained by the Lord himself may serve to be a leading Case in the present business For being that the Jews were the Lords own people and their King honoured with the Title of the Lords Anointed it will be thought that if the Sanhedrim or the great Council of the seventy had any Authority and power over the Kings of Judah of whose jus Regni such a larger description is made by God himself in the first of Sam. cap. 8. the three Estates may reasonably expect the like in these parts of Christendom Now for the Authority of the Sanhedrim it is said by Cardinal Baronius that they had power of Judicature over the Law the Prophets and the Kings themselves Baron Annai Eccl. An. 31. sect 10. Erat horum summa autoritas ut qui de lege cognoscerent Prophetis simul de Regibus judicarent Which false position he confirms by as false an instance affirming in the very next words horum judicio Herodem Regem postulatum esse that King Herod was convented and convicted by them for which he cites Josphus with the like integrity I should have wondred very much what should occasion such a gross mistake in the learned Cardinal had I not shewn before that as he makes the Sanhedrim to rule the King so he hath made the high Priest to rule the Sanhedrim which to what purpose it was done every man can tell who knoweth the Cardinal endeavoureth nothing more in his large Collections than to advance the dignity and supremacy of the Popes of Rom. But for the power pretended to be in the Sanhedrim Id. in Epist dedicator and their proceedings against Herod as their actual King Josephus whom he cites is so far from saying it that he doth expresly say the contrary For as Josephus tells the story Hyrcanus was then King not Herod and Herod of so little hopes to enjoy the Kingdom that he could not possibly pretend any Title to it But having a command in Galilee procured by Antipater his Father of the good King Hyrcanus he had played the wanton Governor amongst them and put some of them to death against Law and Justice For which the Mothers of the slain 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 did often call upon the King and people in the open Temple 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. that Herod might answer for the murther before the Sanhedrim Joseph Antiq. Judic l. 14. cap. 17. Which being granted by the King he was accordingly convented by them and had been questionless condemned had not the King who loved him dearly given him notice of it on whose advertisement he went out of the Town and so escaped the danger This is the substance of that story and this gives no Authority to the Court of Sanhedrim over the persons or the actions of the Kings of Judah Others there are who make them equal to the Kings though not superiour Magnam fuisse Senatus autoritatem Regiae velut parem saith the Learned Grotius Grotius in Matth. cap. 5. v. 22. And for the proof thereof allege those words of Sedechias in the Book of Jeremy who when the Princes of his Realm required of him to put the Prophet to death Jerem. 38.5 returned this Answer Behold he is in your hand Rex enim contra vos nihil potest for the King is not he that can do any thing against you Which words are also cited by Mr. Prynne to prove that the King of England hath no Negative Voice but by neither rightly For Calvin who as one observeth composed his Expositions on the book of God according to the Doctrine of his Institutions would not have lost so fair an evidence for the advancing of the power of his three Estates Prynne of Parl. pt 2. p. 73. Hookers Preface had he conceived he could have made it serviceable to his end and purpose But he upon the contrary finds fault with them who do so expound it or think the King did speak so honourably of his Princes ac si nihil iis sit
from his three Estates than that which is afforded to the Kings of France Id. ibid. which being but general and comparative is yet enough to let us see that the Assembly of Estates in the Realms of Spain which they call the Curia is very observant of their King and obsequious to him and have but little of that power which is supposed by our Author to be inherent in the three Estates of all the Christian Kingdoms But this Bodinus proveth more particularly ascribing to the King and to him alone the power of calling this Assembly when he sees occasion and of dissolving it again when his work is done according as is used both in France and England And when they are assembled and met together their Acts and Consultations are of no effect further than as they are confirmed by the Kings consent Which he declareth in the same Form eadem formulâ quâ apud nos that hath accustomably been used by the Kings of France which is authoritative enough that is to say decernimus statuimus volumus We will and we appoint and we have decreed The Kings of Spain Id. ibid. p. 90. though not so despotical in their Government as the French Kings are are as absolute Monarchs and have as great an influence on the three Estates to make them pliant to their will and to work out their own ends by them as ever had the French Kings on their Courts of Parliament a touch whereof we had before in the former Chapter And this we may yet further see by their observance of the pleasure of King Philip the 2d Who having maried the Lady Elizabeth Daughter of Henry the 2d of France Convocatos Castellae reliquarum Hispaniae Provinciarum Ordines calling together the Estates of Castile and his other Provinces of Spain Thuan. hist sui temp l. 23. he caused them to swear to the succession of his Son Prince Charles whom he had by the Lady Mary of Portugal and after having on some jealousies of State put that Prince to death caused them to swear to the succession of another Son by the Lady of Austria And for the power of his Edicts which they call Pragmaticas they are as binding to the Subject as an Act of Parliament or any kind of Law whatever Examples of the which are very obvious and familiar in the Spanish Histories For though there be a body of Laws in use amongst them partly made up of some old Gothish Laws and Constitutions and partly of some parts of the Law imperial yet for the explanation of the Laws in force if any doubt arise about them or for supplying such defects which in the best collection of the Laws may occur sometimes the Magistrates and Judges are to have recourse to the King alone and to conform to such instructions as he gives them in it And this is it which was ordained by Alfonso the tenth qui etiam magistratus ad judices Principem adire jussit quoties patrio jure nihil de proposita causa seriptum esset as Bodinus hath it Bodin de Rep. lib. 1. cap. 8. 'T is true that for the railing of supplies of money and the imposing of extraordinary Taxes upon the Subject the Kings of Spain must be beholden to the three Estates without whose consent it cannot legally be done But then it is as true withal Id. ibid. p. 90. that there are customary Tributes called Servitia which the King raiseth of his own Aurhority without such consent And their consenting to the extraordinary is a thing of course the Spanish Nation being so well affected naturally to the power and greatness of their Kings whom they desire to make considerable if not formidable in the opinion of their Neighbours that the Kings seldom fail of moneys if the Subjects have it Finally that we may perceive how absolute this Monarch is over all the Courts or Curias of his whole Dominions take this along according as it stands verbatim in the Spanish History Spanish Hist 67. by Iyrannel The King of Spain as he is a potent Prince and Lord of many Countreys so hath he many Councils for the managing of their affairs distinctly and apart without any confusion every Council treating only of those matters which concern their Jurisdiction and charges with which Councils and with the Presidents thereof being men of chief note the King doth usually confer touching matters belonging to the good Government preservation and increase of his Estates and having heard every mans Opinion he commands that to be executed which he holds most fit and convenient Next let us take a view of Scotland and we shall find it there no otherwise I mean in reference to the point which is now in question than in France or Spain For besides that Bodinus makes it one of those absolute Monarchies ubi Keges sine controversia omnia jura Majestatis habent per sese Bodin de Repub l. 2. c. 7. Cambden in Britan. descript in which the Kings have clearly all the Rights of Majesty inherent in their own persons only it is declared in the Records of that very Kingdom that the King is directus totius Dominus the Sovereign Lord of the whole State and hath all authority and jurisdiction over all Estates and degrees as well Ecclesiaestical as Lay or Temporal And as for those Estates and Degrees convened in Parliament we may conjecture at their Power by that which is delivered of the Form or Order which they held it in Form of holding the Parl. in Scotland which is briefly this As soon as the Kings Writ is issued out for summoning the Estates to meet in Parliament he maketh choice of eight of the Spiritual Lords such on whose wisdom and integrity he may most rely which eight do chuse as many of the Temporal Lords and they together nominate eight more out of the Commissioners for the Counties and as many out of the Commissioners for the Towns or Burroughs These 32 thus chosen are called Domini pro Articulis Lords of the Articles and they together with the Chancellor Treasurer Keeper of the Privy Seal and principal Secretaries of State and the Master of the Rolls whom they call Clerk Register do admit or reject every Bill but not before they have been shewn unto the King if they pass there they are presented afterwards to the whole Assembly where being throughly weighed and examined and put unto the Votes of the House such of them as are carried by the major part of the Voices for the Lords and Commons sit together in the same House there are on the last day of the Sessions exhibited to the King who by touching them with his Scepter pronounceth that he either ratifieth and approveth them or that he doth disable them and make them void But if the business be disliked by the Lords of the Articles it proceeds no further and never comes unto the consideration of the Parliament
or if the King dislikes of any thing in it when they shew it to him it either is razed out or mended before it be prefented to the publick view King James of blessed memory who very well understood his own power and the Forms of that Parliament describes it much to the same purpose in his Speech made at Whitehall March 31. Anno 1609. About twenty days saith he before the Parliament Proclamation is made throughout the Kingdom to deliver unto the Kings Clerk of Register all Bills to be exhibited that Session before a certain day Then are they brought unto the King and perused and considered by him and only such as he alloweth of are put into the Chancellors hands to be propounded to the Parliament and none others And if any other man in Parliament speak of any other matter than is in this sort first allowed by the King the Chancellor telleth him that the King hath allowed of no such Bill Besides when they have passed them for Laws they are presented to the King and he with his Scepter put into his hands by the Chancellor must say I ratifie and approve all things done in this present Parliament And if there be any thing that he disliketh it is razed out before So the eldest Parliament-man as he said himself at that time in Scotland This was the Form of holding Parliaments in Scotland which whosoever doth consider with a serious eye may perceive most plainly that it is wholly in the Kings power to frame the Parliament to his own will or at the least to hinder it from doing any thing to the prejudice of his Royal Crown and Dignity in that the nominating of the Lords of the Articles did in a manner totally depend on him Which being observed by the Scots they took the opportunity when they were in Arms to pass an Act during the Presidency of the Lord Burley Anno 1640. for the abolition of this Order Acts of Parliaments 16 Carol and for reducing of that Parliament to the Forms of England as being thought more advantagious to their purposes than the former was So that the violent disloyalty of the Scotish Subjects their Insurrections against their Kings and murdering them sometimes when their heels were up which makes that Nation so ill spoken of in the Stories of Christendom are not to be imputed to the three Estates convened in Parliament or to any power or Act of theirs Rivet cont tenuit but only prae fervido Scotorum ingenio as one pleads it for them unto the natural disposition of that fierce and head-strong people yet easilier made subject unto Rule and Government The three Estates assembled in the Court of Parliament when in the judgment of our Author they are most fit to undertake the business have for the most part had no hand in those desperate courses And now at last we are come to England where since we came no sooner we will stay the longer and here we shall behold the King established in an absolute Monarchy from whom the meeting of the three Estates in Parliament detracteth nothing of his Power and Authority Royal. Bodin as great a Politick as any of his time in the Realm of France hath ranked our Kings amongst the absolute Monarchs of these Western parts And Cambden as renowned an Antiquary as any of the Age he lived in Bodin de Rep. l. 1. c. 8. hath told us of the King of England supremam potestatem merum imperium habere Cambden in Britan. descript That he hath supream power and absolute command in his Dominions and that he neither holds his Crown in vassalage nor receiveth his investiture of any other nor acknowledgeth any Superiour but God alone To prove this last he cites these memorable words from Bracton an old English Lawyer omnis quidem sub Rege ipse sub nullo sed tantum sub Deo that every man is under the King but the King under none saving only God But Bracton tells us more than this and affirms expresly that the King hath supream power and jurisdiction over all causes and persons in this his Majesties Realm of England that all Jurisdictions are vested in him and are issued from him and that he hath jus gladii or the right of the Sword for the better governance of his people This is the substance of his words but the words are these Bracton de leg Angl. l. 2. c 24. Sciendum est saith he quod ipse Dominus Rex ordinariam habet jurisdictionem dignitatem potestatem super omnes qui in regno suo sunt Habet enim omnia jura in manu sua quae ad coronam laicalem pertinent potestatem materialem gladium qui pertinet ad Regni gubernandum c. He adds yet further Habet item in potestate sua leges constitutiones that the Laws and Constitutions of the Realm Id. l. 2. c. 16. are in the power of the King by which words whether he meaneth that the Legislative power is in the King and whether the Legislative power be in him and in him alone we shall see anon But sure I am that he ascribes unto the King the power of interpreting the Law in all doubtful cases in dubiis obscuris Domini Regis expectanda interpretatio voluntas which is plain enough For though he speaketh only de chartis Regis expectanda interpretatio voluntas which is plain enough For though he speaketh only de chartis Regiis factis Regum of the Kings Deeds and Charters only as the words seem to import yet considering the times in which he lived being Chief Justice in the time of King Henry the 3d. wherein there was but little written Law more than what was comprehended in the Kings Grants and Charters he may be understood of all Laws whatever And so much is collected out of Bractons words by the Lord Chancellor Egerton of whom it may be said without envy that he was as grave and learned a Lawyer as ever sat upon that Bench. Who gathereth out of Bracton that all cases not determined for want of foresight are in the King to whom belongs the right of interpretation not in plain and evident cases but only in new questions and emergent doubts and that the King hath as much right by the constitutions of this Kingdom as the Civil Law gave the Roman Emperors where it is said Rex solus judicat de causa à jure non desinita Case of the Post-nati p. 107 108. And though the Kings make not any Laws without the counsel and consent of his Lords and Commons whereof we shall speak more in the following Section yet in such cases where the Laws do provide no remedy and in such matters as concern the politick administration of his Kingdoms he may and doth take order by his Proclamations He also hath Authority by his Prerogative Royal to dispense with the rigour of the Laws and
sometimes to pass by a Statute with a non obstante as in the Statute 1 Hen. IV. cap. VI. touching the value to be specified of such Lands Offices or Annuities c. as by the King are granted in his Letters patents But these will better come within the compas of those jura Majestatis Cambden in Brit. or rights of Sovereignty which our Lawyers call sacra individua Sacred by reason they are not to be pried into with irreverent eyes and individual or inseparable because they cannot be communicated unto any other Of which kind are the levying of Arms Case of our Affairs p. suppressing of tumults and rebellions providing for the present safety of his Kingdom against sudden dangers convoking of Parliaments and dissolving them making of Peers granting liberty of sending Burgesses to Towns and Cities treating with forein States making War Leagues and Peace granting safe conduct and protection Indenizing giving of Honour Rewarding Pardoning Coyning Printing and the like to these But what need these particulars have been looked into to prove the absoluteness and sovereignty of the Kings of England when the whole body of the Realm hath affirmed the same and solemnly declared it in their Acts of Parliament 16 Rich. 2. c. 5. In one of which is affirmed that the Crown of England hath been so free at all times that it hath been in no earthly subjection but immediatly to God in all things touching the regality of the said Crown and to none other And in another Act that the Realm of England is an Empire governed by one Supream Head and King having the Dignity and Royal Estate of the Imperial Crown of the same unto whom a Body politick compact of all sorts and degrees of people divided in terms and by names of Spiritualty and Temporalty be bounden and ought to bear next to God a natural and bumble obedience 24 Hen. 8. c. 12. And more than so That the King being the supream Head of this Body Politick is instituted and furnished by the goodness and sufferance of Almighty God with plenary whole and entire power preheminence authority prerogative and jurisdiction to render and yield justice and final determination to all manner of Subjects within this Realm and in all causes whatsoever Nor was this any new Opinion invented only to comply with the Princes humour but such as is declared to have been fortified by sundry Laws and Ordinances made in former Parliaments Ibid. and such as hath been since confirmed by a solemn Oath taken and to be taken by most of the Subjects of this Kingdom Which Oath consisting of two parts the one Declaratory and the other Promissory in the Declaratory part the man thus taketh it he doth declare and testifie in his conscience that the Kings Highness is the only supream Governour of this Realm and of all other his Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as temporal c. And in the Promissory part 1 Eliz. c. 1. they make Oath and swear that to their power they will assist and defend all Jurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Kings Highness his Heirs and Successors or united and annexed to the Imperial Crown of this Realm Put all which hath been said together and it will appear that if to have merum imperium a full and absolute command and all the jura majestatis which belong to Sovereignty if to be so Supream as to hold immediatly of God to have all persons under him none but God above him if to have all authority and jurisdiction to be vested in him and proceeding from him and the material sword at his sole disposal for the correcting of offenders and the well ordering of his people if to have whole and entire power of rendring justice and final determination of all causes to all manner of Subjects as also to interpret and dispence with Laws and all this ratified and confirmed unto him by the solemn Oath of his Subjects in the Court of Parliament be enough to make an absolute Monarch the Kings of England are more absolute Monarchs than either of their Neighbours of France or Spain If any thing may be said to detract from this it is the new device so much pressed of late of placing the chief Sovereignty or some part thereof in the two Houses of Parliament concerning which Mr. Pryn published a discourse entituled The supreme power of Parliaments and Kingdoms and others in their Pamphlets upon that Argument have made the Parliament so absolute and the King so limited that of the two the Members of the Houses are the greater Monarchs But this is but a new device not heard of in our former Monuments and Records of Law nor proved or to be proved indeed by any other Medium than the Rebellions of Cade Tiler Straw Kett Mackerel Prynns book of Parl. c. pt 3. and the rest of that rascal rabble or the seditious Parliaments in the time of King Henry III. King Edward II. and King Richard II. when civil war and faction carried all before it For neither have the Houses or either of them enjoyed such Sovereignty de facto in times well setled and Parliaments lawfully assembled nor ever could pretend to the same de jure Or if they do as many have been apt enough to raise false pretences it would much trouble them to determine whether this Sovereignty be conferred upon them by the King or the People whether it be in either of the Houses severally or in both united If they can challenge this pretended Sovereignty in neither of these capacities nor by none of these titles it may be warrantably concluded that there is no such Sovereignty as they do pretend to And first there is no part nor branch of Sovereignty conferred upon them by the King The Writs of Summons which the Deelaration of the Lords and Commons assembled at Oxon. 1643. doth most truly call the foundation of all power in Parliament Declaration of the Trtaty p. 15. tell us no such matter The Writ directed to the Lords doth enable them only to confer and treat with one another consilium vestrum impendere and to advise the King in such weighty matters as concern the safety of the Kingdom But they are only to advise not compel the King to counsel him but not controll him and to advise and counsel are no marks of Sovereignty but rather works of service and subordination Nor can they come to give this Counsel without he invite them and being invited by his Writ cannot choose but come except he excuse them which are sure notes of duty and subjection but verry sorry signs of power and sovereignty 'T is true that being come together they may and sometimes do on a Writ of Error examin and reverse or affirm such judgments as have been given in the Kings Bench and from their sentence in the case there is
no appeal but only to the whole body of that Court the King Case of our Assairs p. 7 8. and both the Houses the Head and Members But this they do not as the upper House of Parliament but as the distinct Court of the Kings Barons of Parliament of a particular and ministerial jurisdiction to some intents and purposes and to some alone which though it doth invest them with a power of judicature confers not any thing upon them which belongs to Sovereignty Then for the Commons all which the Writ doth call them to is facere consentire to do and consent unto such things which are ordained by the Lords and Common Council of the Kingdom of England and sure conformity and consent which is all the Writ requireth from them are no marks of Sovereignty nor can an Argument be drawn from thence by the subtlest Sophister to shew that they are called to be partakers of the Sovereign power or that the King intends to denude himself of any branch or leaf thereof to hide their nakedness And being met together in a body collective they are so far from having any share in Sovereignty that they cannot properly be called a Court of Judicature as neither having any power to minister an Oath Id. p. 9. or to imprison any body except it be some of their own Members if they see occasion which are things incident to all Courts of Justice and to every Steward of a Leet insomuch that the House of Commons is compared by some and not incongruously unto the Grand Inquest at a general Sessions whose principal work it is to receive Bills and prepare businesses Review of the Observat p. 22. and make them fit and ready for my Lords the Judges Nay so far were they heretofore from the thoughts of Sovereignty that they were lyable to sutes and punishments for things done in Parliament though only to the prejudice of a private Subject until King Henry VIII most graciously passed a Law for their indemnity For whereas Richard Strode one of the company of Tinners in the County of Cornwall being a Member of the Commons House had spoken somewhat to the prejudice of that Society and contrary to the Ordinances of the Stanneries at his return into the Country he was Arrested Fined Imprisoned Complaint whereof being made in Parliament the King passed a Law to this effect viz. That all suites condemnations 4 Hen. 8. c. 8. executions charges and impositions put or hereafter to be put upon Richard Strode and every of his Complices that be of this Parliament or any other hereafter for any Bill speaking or reasoning of any thing concerning the Parliament to be communed and treated of shall be void and null But neither any reparation was allowed to Strode nor any punishment inflicted upon those that sued him for ought appears upon Record And for the Houses joyned together which is the last capacity they can claim it in they are so far from having the supream Authority that as it is observed by a learned Gentleman they cannot so unite or conjoyn as to be an entire Court either of Sovereign or Ministerial jurisdiction no otherwise co-operating than by concurrence of Votes in their several Houses for preparing matters in order to an Act of Parliament Case of our Affairs p. 9. Which when they have done they are so far from having any legal Authority in the State as that in Law there is no stile nor form of their joynt Acts nor doth the Law so much as take notice of them until they have the Royal Assent So that considering that the two Houses alone do no way make an entire Body or Court and that there is no known stile nor form of any Law or Edict by the Votes of the two Houses only nor any notice taken of them by the Law it is apparent that there is no Sovereignty in their two Votes alone How far the practice of the Lords and Commons which remain'd at Westminster after so many of both Houses had repaired to the King c. may create Precedents unto Posterity I am not able to determine but sure I am they have no Precedent to shew from the former Ages But let us go a little further and suppose for granted that the Houses either joynt or separate be capable of the Sovereignty were it given unto them I would fain know whether they claim it from the King or the People only Not from the King for he confers upon them no further power than to debate and treat of his great Affairs to have access unto his person freedom of speech as long as they contain themselves within the bounds of Loyalty authority over their own Members Hakewell of passing Bills in Parliament which being customarily desired and of course obtained as it relates unto the Commons shews plainly that these vulgar priviledges are nothing more the rights of Parliament than the favours of Princes but yet such favours as impart not the least power of Sovereignty Nor doth the calling of a Parliament ex opere operato as you know who phrase it either denude the King of the poorest robe of all his Royalty or confer the same upon the Houses or on either of them whether the King intend so by his call or otherwise For Bodin whom Mr. Prynn hath honoured with the title of a grand Politician Prynn of Parliament par 2. p. 45. Bodin de Repub doth affirm expresly Principis majestatem nec Comitorum convocatione nec Senatus populique praesentia minui that the Majesty or Sovereignty of the King is not a jot diminished either by the calling of a Parliament or Conventus Ordinum or by the frequency and presence of his Lords and Commons Nay to say truth the Majesty of Sovereign Princes is never so transcendent and conspicuous as when they sit in Parliament with their States about them the King then standing in his highest Estate as was once said by Henry VIII who knew as well as any of the Kings of England how to keep up the Majesty of the Crown Imperial Nor can they claim it from the People who have none to give for nemo dat quod non habet as the saying is The King as hath been proved before doth hold his Royal Crown immediately from God himself not from the contract of the People He writes not populi clementia but Dei gratia not by the favour of the People but by the grace of God The consent and approbation of the People used and not used before the day of Coronation is reckoned only as a part of the solemn pomps which are then accustomably used The King is actually King to all intents and purposes in the Law whatever immediatly on the death of his Predecessor Nor ever was it otherwise objected in the Realm of England till Clark and Watson pleaded it at their Arraignment in the first year of King James Speeds History in K James Or grant
we that the Majesty of this Kingdom was first originally in the people and by them devolved upon the King by their joynt consent yet having given away that power by their said consent and setled it upon the King by an Act of State confirmed by Oaths and all Solemnities which that Act requires they cannot so retract that grant or make void that gift as to pass a new conveyance of it and settle it upon their Representees in the House of Commons Or if they could yet this would utterly exclude all the Lords from having the least share or portion in this new found Sovereignty in that they represent not the common people but sit there only in their own personal capacities and therefore must submit at last to these new made Sovereigns who carry both the Purse and Sword at their own girdles So then the people cannot give the Sovereignty and if they have no power to give it the Lords and Commons have no claim thereunto de jure See we next therefore how much of this Sovereignty they or their Predecessors rather have enjoyed de facto in peaceable and regular times fit to be drawn into example in the Ages following The chief particulars in which the Sovereignty consists we have seen before and will now see whether that any of them have been exercised and injoyed in peaceable and regular times by both or either of the two Houses of Parliament And first for calling and dissolving Parliaments making of Peers granting of liberty to Towns and Cities to make choice of Burgesses which antiently had no such liberty treating with forein States denouncing War or making Leagues or Peace after War commenced granting safe conduct and protection indenizing of Aliens giving of honours unto eminent and deserving persons Rewarding Pardoning Coyning Printing making of Corporations and dispensing with the Laws in force they are such points which never Parliament did pretend to till these later times wherein every thing almost is lawful I am sure more lawful than to fear God and honour the King Nor do I find that Mr. Prynn hath laboured to entitle them to these particulars For levying of Arms and the command of the Militia besides that the Kings of England have ever been in possession of it and that possession never disturbed or interrupted by any claim of right made in the behalf of the two Houses which is as sure a title as the Law can make the Houses have declared by an Act of Parliament Stat. 7. Ed. 1. Cap. 1. that of right it belongs unto the King streightly to defend that is prohibit all force of Arms and that the Parliament is bound to aid him in that prohibition Touching the Royal Navy and the Ports and Forts the Kings prescription to them is so strong and binding 3. Edw. 3. that in the 3d. of Edward III. the House of Commons did disclaim the having cognisance of such matters as the guarding of the Seas and marches of the Kingdom which certainly they had not done had they pretended any title to the Ports and Navy As for suppressing tumults and providing for the safety of the Kingdom against sudden danger the Law commits it solely to the care of the King 11 Henr. 7. c. 18. obliging every Subject by the duty of his allegeance to aid and assist him at all seasons when need shall require And for their power of declaring Law in the House of Peers wherein they deliver their opinion in the point before them in true propriety of speech they have none at all Case of our Affairs p. 4. And this is that which was affirmed by his Majesty at the end of the Parliament Anno 1628. saying that it belonged only to the Judges under him to interpret Laws and that none of the Houses of Parliament joynt or separate what new Doctrine soever might be raised had any power either to make or declare Law without his consent 3 Car. And if it be done with his consent it is not so properly the declaring and interpreting of an old Law as the making rather of a new saith a learned Gentleman Case of our Affairs p. 5. Others have found out a new way to invest the Parliament with the Robes of Sovereignty not as superior to the King but co-ordinate with him and this say they appears sufficiently in that the two Houses of Parliament have not only a power of consulting but of consenting and that too in the highest office of the Monarchy whereof they are a Co-ordinative part the making of Laws Fuller Answer to D.F. p. 2. Which dangerous doctrine as it was built at first on that former error which makes the King to be one of the three Estates in Parliament so it is super-structed with some necessary consequents whether more treasonable or ridiculous it is hard to say For on these grounds the Author of the Fuller Answers hath presented us with these trim devises Id. pag. 1. viz. that England is not a simple subordinate and absolute but a co-ordinative and mixt Monarchy that this mixt Monarchy is compounded of three co-ordinate Estates a King and two Houses of Parliament that these three make but one supream but that one is a mixt one or else the Monarchy were not mixt and finally which needs must follow from the premises that although every Member of the Houses seorsim taken severally may be called a Subject yet all collective in their Houses are no Subjects Auditum admissi risum teneatis Can any man hear these serious follies and abstain from laughter or think a fellow who pretends both to wit and learning should talk thus of a Monarchy which every one that knoweth any thing in Greek know to imply the supream government of one compounded of three to-ordinate Estates and those co-ordinate Estates consisting of no fewer than 600 persons Or that a man who can pretend but to so much use of reason as to distinguish him from a beast cauld fall on such a senseless dotage as to make the same man at the same time to be a Subject and no Subject a Subject in the Streets and in his private House no Subject when he sits in Haberdashers Hall for advance of moneys or in either of the two Houses of Parliament And yet this senseless doctrine is become so dangerous because so universally admired and hearkened to that the beginning and continuance of our long disturbances may chiefly be ascribed unto this opinion to which they have seduced the poor ignorant people The rather in regard that some who have undertaken the confutation of these brainless follies have most improvidently granted not only that the two Houses of Parliament are in a sort co-ordinate with the King ad aliquid to some Act or exercising of the supream power As in the book called Conscience satisfied that is to the making of Laws but that this co-ordination of the three Estates of which the King is yielded every where for
one is fundamental and held by the two Houses on no worse a title than a fundamental Constitution which is as much as any reasonable Parliamentarian need desire to have Therefore in Answer to the Fuller not taking notice of his foolish and seditious inferences we will clear those points 1. That the two Houses of Parliament are not co ordinate with the King but subordinate to him And 2. That the power of making Laws is properly and legally in the King alone As for the first we had before a Recognition made by Act of Parliament by which the Kingdom of England is acknowledged to be an Empire governed by one supream Head and King to whom all sorts and degrees of people ought to bear next to God a natural and humble obedience 24 H. 8. c. 12. which certainly the Lords and Commons had not made to the dethroning of themselves their Heirs and Successors from this co-ordinative part of Sovereignty if any such co-ordination had been then believed Or if it be supposed to excuse the matter that King Henry VIII being a severe and terrible Prince did wrest this Recognition from them which yet will hardly serve for a good defence what shall we say to the like recognition made in the beginning of Queen Elizabeths Reign 1 Eliz. c. 1. when she was green in State and her power unsetled and so less apt to work upon her people by threats and terrors Assuredly had the Houses dream't in those broken times of that co-ordinative Sovereignty which is now pretended they might have easily regained it and made up that breach which by the violent assaults of King Henry VIII had been made upon them which was a point they never aimed at Besides if this co-ordinative Majesty might be once admitted it must needs follow that though the King hath no Superiour he hath many Equals and where there is equality there is no subjection But Bracton tells us in plain terms not only that the King hath no Superiour in his Realm except God Almighty but no Equal neither and the reason which he gives is exceeding strong Quia sic amitteret praeceptum cum par in Parem non habeat potestatem Beacton de leg Angl. l. 1. c. 8. because he could not have an Equal but with the loss of his Authority and Regal Dignity considering that one Equal hath no power to command another Now lest the Fuller should object as perhaps he may that this is spoken of the King out of times of Parliament and of the Members of the Houses seorsim taken severally as particular persons but when they are convened in Parliament then they are Sovereigns and no Subjects first he must know that by the Statute of Queen Elizabeth all of the House of Commons are to take the Oath before remembred for the defending of all preheminences and authorities united and annexed to the Imperial Crown of this Realm and for bearing faith and true allegiance to the King his Heirs and lawful Successors and that if any of them do refuse this Oath Stat. 5. Eliz. 1. he is to have no voice in Parliament 2. He cannot choose but know that even sedente Parliamento both the Lords and Commons use to address themselves to his Sacred Majesty in the way of supplication and petition and certainly it is not the course for men of equal rank to send Petitions unto one another and that in those Petitions they do stile themselves his Majesties most humble and obedient Subjects Which is not only used as the common Complement which the hypocrisie of these times hath taken up though possibly it might be no otherwise meant in some late addresses but is the very phrase in some Acts of Parliament 25 Hen. 8. c. 22. c. as in the Acts at large doth at full appear 3. They may be pleased to know how happy a thing it was for the Realm of England that this Fuller did not live in former times For had he broached this Doctrine some Ages since he would have made an end of Parliaments Princes are very jealous of the smallest points of Sovereignty and love to Reign alone without any Rivals their Souls being equally made up of Pompeys and Caesars and can as little brook an Equal as endure a Superiour And lastly I must let him know what Bodinus saith who telleth us this Legum ac edictorum probatio aut publicatio quae in Curia vel Senatu fieri solet Bedin de Rep. l. 1. c. 8. non arguit imperii majestatem in Senatu vel Curia inesse viz. That the publishing and approbation of Laws and Edicts which is made ordinarily in the Court or Parliament proves not the Majesty of the State to be in the said Court or Parliament And therefore if the power of confirmation or rejecting be of a greater trust and more high concernment than that of consulting and consenting as no doubt it is the power of consulting and consenting which the Fuller doth ascribe to the two Houses of Parliament will give them but a sorry title to Co-ordinative Sovereignty This leads me on unto the Power of making Laws which as before I said is properly and legally in the King alone tanquam in proprio Subjecto as in the true and adequate subject of that Power And for the proof thereof I shall thus proceed When the Norman Conqueror first came in as he won the Kingdom by the Sword so did he govern it by his Power His Sword was then the Scepter and his Will the Law There was no need on his part of an Act of Parliament much less of calling all the Estates together to know of them after what Form and by what Laws they would be governed It might as well be said of him as in the flourish and best times of the Roman Emperors Justin Institut l. 1. c. Quod Principi placuerit legis babet vigorem that whatsoever the King willed it did pass for Law This King and some of his Successors being then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and having a despotical power on the lives and fortunes of their Subjects which they disposed of for the benefit of their Friends and followers Normans French and Flemings as to them seemed best But as the Subjects found the Yoke to be too heavy and insupportable so they addressed themselves in their Petitions to the Kings their Sovereigns to have that Yoke made easier and the burden lighter especially in such particulars of which they were most sensible at the present time By this means they obtained first to have the Laws of Edward the Confessor contain'd for the most part in the Great Charter afterwards and by this means that is to say by pouring out their prayers and desires unto them did they obtain most of the Laws and Statutes which are now remaining of the time of King Henry the 3d and King Edward the first Many of which as they were issued at the first either in Form
of Charters under the Great Seal or else as Proclamations of Grace and Favour so do they carry still this mark of their first procuring the King willeth the King commandeth the King ordaineth the King provideth the King grants c. And when the Kings were pleased to call their Estates together it was not out of an Opinion that they could not give away their Power or dispense their Favours or abate any thing of the severity of their former Government without the approbation and consent of their people but out of just fear lest any one of the three Estates I mean the Clergy the Nobility and the Commons should insist on any thing which might be prejudicial to the other two The Commons being always on the Craving part and suffering as much perhaps from their immediate Lords as from their King might possibly have asked some things which were as much derogatory to the Lords under whom they held as of their Sovereign Liege the King the chief Lord of all In this respect the Counsel and Consent as well of the Prelates as the Temporal Lords was accounted necessary in passing of all Acts of Grace and Favour to the people because that having many Royalties and large immunities of their own a more near relation to the person and a greater interesse in the honour of their Lord the King nothing should pass unto the prejudice and diminution of their own Estates or the disabling of the King to support his Sovereignty And this for long time was the Stile of the following Parliaments viz. To the honour of God and of holy Church Preface an 1 Ed. 3. and to the redress of the oppressions of the people our Sovereign Lord the King c. at the request of the Commonalty of his Realm by their Petition made before him and his Council in the Parliament by the Assent of the Prelates Earls Barons and other great men assembled in the said Parliament hath granted for him and his Heirs c. To this effect but with some little and but a very little variation of the words was the usual Stile in all the Prefaces or Preambles of the Acts of Parliament from the beginning of the Reign of King Edward the 3d till the beginning of the Reign of King Henry the 7th save that sometimes we find the Lords complaining 10 Ed. 3. c. 21 Ed. 3. c. 28 Ed. 3. c. or petitioning and the Commons assenting as their occasion did require and sometime also no other motive represented but the Kings great desire to provide for the ease and safety of his people upon deliberation had with the Prelates and Nobles and learned men assisting with their mutual Counsel 23 Ed. 3. And all this while there is no question to be made but that the power of making Laws was conceived to be the chiefest Flower of the Royal Diadem to which the Lords and Commons neither joint nor seperate did not pretend the smallest Title more than petitioning for them or assenting to them it being wholly left to the Kings Grace and goodness whether he would give ear or not to their Petitions or hearken unto such Advice as the Lords or other great men gave him in behalf of his people And this is that which was declared in the Parliament by the Lords and Commons and still holds good as well in point of Law as Reason that it belonged unto the regality of the King to grant or deny what Petitions in Parliament be pleaseth But as the Kings came in upon doubtful Titles 2 Hen. 5. or otherwise were necessitated to comply with the peoples humours as sometimes they were so did the Parliaments make use of the opportunities for the encrease of their Authority at least in the formalities of Law and other advantages of expression So that in the minority of King Henry the sixth unto those usual words by the advice and assent of the Lords Spiritual and Temporal and at the special instance and request of the Commons which were inserted ordinarily into the body of the Acts from the beginning of the Reign of King Henry the sixth was added this By the Authority of the said Parliament But still it is to be observed 3 Hen. 6. c. 2. 8 H. 6.3 c. that though those words were added to the former clause yet the power of granting or ordaining was acknowledged to belong to the King alone as in the places in the Margin where it is said Our Lord the King considering the premises by the advice and assent and at the request aforesaid hath ordained and granted by the Authority of the said Parliament 3 H. 6.2 and our Lord the King considering c. hath ordained and established by Authority of this Parliament 8 H. 6.3 And thus it generally stood but every general Rule may have some exceptions till the beginning of the Reign of King Henry the seventh about which time that usual clause the special instance or request of the Commons began by little and little to be laid aside and that of their advice or assent to be inserted in the place thereof for which I do refer you to the Book at large Which though it were some alteration of the former stile and that those words By the Authority of this present Parliament may make men think that the Lords and Commons did then pretend some Title unto the power of making Laws yet neither advising or assenting are so operative in the present case as to transfer the power of making Laws to such as do advise about them or assent unto them nor can the alteration of the Forms and stiles used in anitient times import an alteration of the Form of Government unless it can be shewed as I think it cannot that any of our Kings did renounce that Power which properly and solely did belong unto them or did by any solomn Act of Communication confer the same upon the Lords and Commons convened in Parliament And this is that which is resolved and declared in our Common Law where it is said Cited in the unlawfulness of resist p. 107. Le Roy fait les loix avec le consent du Seigneurs et communs et non pas les Seigneurs et communs avec le consent du Roy that is to say that the King makes Laws in Parliament by the assent of the Lords and Commons and not the Lords and Commons by the assent of the King And for a further proof of this and for the clearing of this point that the Lords and Commons pretend to no more power in the making of Laws than opportunity to propound and advise about them and on mature advice to give their several Assents unto them we need but look into the first Act of the Parliament in the third year of K. Charles being a Recognition of some ancient rights belonging to the English Subject An Act conceived according to the Primitive Form Statut. 3 Carol. in
way of a Petition to the Kings most excellent Majesty in which the Lords and Commons do most humbly pray as their Rights and Liberties that no such things as they complained of might be done hereafter that his Majesty would vouchsafe to declare that the Awards doings and proceedings to the prejudice of his people in any of the premises shall not be drawn hereafter into consequence or example and that he would be pleased to declare his Royal pleasure that in the point aforesaid all his Offieers and Ministers should serve him according to the Laws and Statutes of this Realm To which although the King returned a fair general Answer assuring them that his Subjects should have no cause for the time to come to complain of any wrong or oppressions contrary to their just Rights and Liberties yet this gave little fatisfaction till he came in person and causing the Petition to be distinctly read by the Clerk of the Crown Ibid. returned his Answer in these words Soit droit fait come est desire that is to say let right be done as is desired Which being the very formal words by which the said Petition and every clause and Article therein contained became to be a Law and to have the force of an Act of Parliament and being there is nothing spoken of the concurrent Authority of the Lords and Commons for the enacting of the same may serve instead of many Arguments for the proof of this that the Legislative power as we phrase it now is wholly and solely in the King although restrained in the exercise and use thereof by constant custom Smith de Rep. Angl. unto the counsel and consent of the Lords and Commons Le Roy veult or the King will have it so is the imperative phrase by which the Propositions of the Lords and Commons are made Acts of Parliament And let the Lords and Commons agitate and propound what Laws they please for their ease and benefit as generally all Laws and Statutes are more for the ease and benefit of the Subject than the advantage of the King yet as well now as formerly in the times of the Roman Emperors Quod Principi placuerit legis habet vigorem nothing but that which the King pleaseth to allow of is to pass for Law the Laws not taking their coercive force as judicious Hooker well observeth from the quality of such as devise them but from the Power which giveth them the strength of Laws Pooker Ecclesiast Pol. I shut up this Discourse with this expression and comparison of a late Learned Gentleman viz That as in a Copyhold Estate the Copyholder of a meer Tenant at will comes by custom to gain an Inheritance and so to limit and restrain the will and power of the Lord that he cannot make any determination of the Copyholders Estate otherwise than according to the custom of the Mannour and yet doth not deprive the Lord of his Lordship in the Copyhold nor participate with him in it neither yet devest the Fee and Franktenement out of the Lord Case of our Affairs p. 6. but that they still remain in him and are ever parcel of his Demesn so in the restraining of the Kings Legislative power to the concurrence of the Peers and Commons though the custom of the Kingdom hath so fixed and setled the restraint as that the King cannot in that point use his Sovereign power without the concurrence of the Peers and Commons according to the custom of the Kingdom yet still the Sovereignty and with it the inseparable Legislative power doth reside solely in the King If any hereupon demand to what end serve Parliaments and what benefit can redound to the Subject by them I say in the Apostles words much every way Rom. 3.2 Many vexations oftentimes do befall the Subjects without the knowledg of the King and against his will to which his Ears are open in a time of Parliament The King at other times useth the Eyes and Ears of such as have place about him who may perhaps be guilty of the wrongs which are done the people but in a Parliament he seeth with his own Eyes and heareth with his own Ears and so is in a better way to redress the mischief than he could be otherwise Nor do the people by the opportunity of these Parliamentary meetings obtain upon their Prayers and Petitions a redress of grievances only but many times the King is overcome by their importunity to abate so much of his Power to grant such points and pass such Laws and Statutes for their ease and benefit as otherwise he would not yield to For certainly it is as true in making our approaches and Petitions to our Lord the King as in the pouring out of our Prayers and supplications to the Lord our God the more multitudinous and united the Petitioners are the more like to speed And therefore said Bodinus truly Principem plaeraque universis concedere quae singulis denegarentur Bodin de Rep. l. 1. c. 8. that Kings do many times grant those favours to the whole body of their people which would be absolutely denied or not so readily yielded to particular persons There are moreover many things of greater concernment besides the abrogating of old Laws and making new which having been formerly recommended by the Kings of England to the care and counsel of their people convened in Parliament are not now regularly dispatched but in such Conventions as are altering the Tenure of Lands confirming the Rights Titles and possessions of private men naturalizing Aliens legitimating Bastards adding sometimes the secular Authority to such points of Doctrine and Forms of Worship as the Clergy have agreed upon in their Convocations if it be required changing the publick weights and measures throughout the Kingdom defining of such doubtful cases as are not easily resolved in the Courts of Law raising of Subsidies and Taxes attainting such as either are too potent to be caught or too hard to be found and so not triable in the ordinary Courts of Justice restoring to their Bloud and Honours such or the Heirs of such as have been formerly attainted granting of free and general Pardons with divers others of this nature In all and each of these the Lords and Commons do co-operate to the publick good Sir Tho. Smith de Rep. Angl. Cambden in Brit. Crompt of Courts c. in the way of means and preparation but their co operation would be lost and fruitless did not the King by his Concomitant or subsequent grace produce their good intentions into perfect Acts and being Acts either of special Grace and Favour or else of ordinary Right and Justice no way derogatory to the Prerogative Royal are usually confirmed by the Royal assent without stop or hesitancy But then some other things there are of great importance and advantage to the Common-wealth in which the Houses usually do proceed even to final sentence the Commons in the way of
inquisition or Impeachment the Lords in that of Judicature and determination with the consent and approbation of the King though many times without his personal assent and presence The King may be abused in his Grants and Patents to the oppression of the people or the dilapidation and destruction of the Royal Patrimony Judges and other the great Officers of Law and Equity are subject to corruptions and may smell of gifts whereby the passages of Justices do become obstructed The Ministers of inferiour Courts as well Ecclesiastical as Civil either exhaust the miserable Subject by Extortions or else consume him by delays Erroneous judgments may be given through fear or favour to the undoing of a man and his whole posterity in which his Majesties Justices of either Bench can afford no remedy The great Ones of the State may become too insolent and the poor too miserable and many other ways there are by which the Fabrick of the State may be out of Order for the removing of which mischiefs the rectifying of which abuses the Lords and Commons in their several ways before remembred are of special use yet so that if the King's Grants do come in question or any of his Officers are called to a reckoning they used heretofore to signifie unto his Majesty what they found therein and he accordingly either revoked his Grants or displaced his Servants or by some other means gave way unto their contentment the Kings consent being always necessary and received as a part of the final sentence if they went so far So that we may conclude this point with these words of Bodin who being well acquainted with the Government of this State and Nation partly by way of Conference with Dr. Dale the Queens Ambassadour in France and partly in the way of observation when he was in England doth give this resolution of the point in Controversie Bodin de Repub l. 1. o. 8. Habere quidem Ordines Anglorum authoritatem quandam jura vero majestatis imperii summam in unius Principis arbitrio versari The States saith he of England have a kind of Authority but all the Rights of Sovereignty and command in chief are at the will and pleasure of the Prince alone And to say truth although the Lords and Commons met in Parliament are of great Authority especially as they have improved it in these later times yet were they never of such power but that the Kings have for the most part over-ruled them and made them pliant and conformable to their own desires and this not only by themselves but sometimes also by their Judges by their Council often For such was the great care and wisdom of our former Kings as not to venture single on that numerous Body of the two Houses of Parliament whereby the Sovereignty might be so easily over-matched but to take with them for Affistants as well the Lords of their Privy Council with whom they might advise in matters which concerned them in their Sovereign Rights as their learned Council as they call them consisting of the Judges and most eminent Lawyers from whom they might receive instruction as the case required and neither do nor suffer wrong in point of Law and by both these as well as by the power and awe of their personal presence have they not only regulated but restrained their Parliaments And this is easily demonstrable by continual practice 4 Ed. 1. For in the Statute of Bigamie made in the fourth year of King Edward I. it is said expresly That in the prefence of certain Reverend Fathers Bishops of England and others of the Kings Council the Constitutions under-written were recited and after published before the King his Council forasmuch as all the Kings Council as well Justices as others did agree that they should be put in writing and observed In the Articuli super Chartas when the Great Charter was confirmed at the request of the Prelates 28 Ed. 1. c. 2. Earls and Barons we find these two claufes the one in the beginning thus Nevertheless the King and his Council do not intend by reason of this Statute Ibid. c. 20. to diminish the Kings right c. The other in the clofe of all in these following words And notwithstanding all these things mentioned or any part of them both the King and his Council and all they which were present at the making of this Ordinance do will and intend that the Right and Prerogative of his Crown shall be saved in all things In the 27th of King Edward the 3d. The Commons presenting a Petition to the King 27 Ed. 3. which the Kings Council did mislike were content thereupon to mend and explain their Petition the Form of which Petition is in these words following To their most redoubted Sovereign Lord the King praying the Commons that whereas they have prayed him to be discharged of all manner of Articles of the Lyre c. which Petition seemeth to his Council to be prejudicial unto him and in disherison of his Crown if it were so generally granted his said Commons not willing not desiring to demand things of him which should fall in disherison of him or of his Crown perpetually as of Escheats c. but of Trespasses Misprifions Negligences and Ignorances c. In the 13th of the reign of King Richard the 2d when the Commons did pray that upon pain of forfeiture the Chancellor or Council of the King should not after the end of the Parliament make any Ordinance against the Common Law 13 Rich. 2. the King by the advice of his Council answered Let it be used as it hath been used before this time so as the Regality of the King be saved for the King will save his Regalities 4 Hen. 4. as his Predecessors have done In the 4th year of King Henry IV. when the Commons complained against Sub-poenae's and other Writs grounded upon false suggestions the King upon the same advice returned this Answer that he would give in charge to his Officers that they should abstain more than before time they had to send for his Subjects in that manner But yet saith he it is not our intention that our Officers shall so abstain that they may not send for our Subjects in matters and causes necessary as it hath been used in the time of our good Progenitors Finally not to bring forth more particulars in a case so clear it was the constant custom in all Parliaments till the Reign of King Henry V. that when any Bill had passed both Houses Henr. 5. and was presented to the King for his Royal Assent the King by the abvice of his Privy Council or his Council learned in the Laws or sometimes of both did use to cross out and obliterate as much or as little of it as he pleased to leave out what he liked not and confirmed the rest that only which the King confirmed being held for Law And though in the succeeding
times the Kings did graciously vouchsafe to pass the whole Bill in that Form which the Houses gave it or to reject it wholly as they saw occasion yet still the Privy Council and the Judges and the Council learned in the Laws have and enjoy their place in the House of Peers as well for preservation of the Kings Rights and Royalties as for direction to the Lords in a point of Law if any case of difficulty be brought before them on which occasions the Lords are to demand the Opinion of the Judges and upon their Opinions to ground their Judgment As for Example In the Parliament 28 of Hen. VI. The Commons made suit that William de la Pole Duke of Suffolk should be committed to Prison for many Treasons and other Crimes and thereupon the Lords demanded the Opinion of the Judges 28 Hen. 6. whether he should be committed to Prison or not whose Answer was that he ought not to be committed in regard the Commons had not charged him with any particular offence but with generals only which Opinion was allowed and followed In another Parliament of the said King held by Prorogation one Thomas Thorpe the Speaker of the House of Cemmons was in the Prorogation-time condemned in 1000 l. damages upon an Action of Trespass at the suit of Richard Duke of York and was committed to Prison for execution of the same The Parliament being reassembled the Commons made suit to the King and Lords to have their Speaker delivered to them according to the Privilege of Parliaments The priviled of the Barons p. 15. the Lords demanded the Opinion of the Judges in it and upon their Answer did conclude that the Speaker should stilll remain in Prison according to Law notwithstanding the privilege of Parliament and according to this resolution the Commons were commanded in the Kings name to chuse one Tho. Carleton for their Speaker which was done accordingly Other Examples of this kind are exceeding obvious and for numbers infinite yet neither more in number nor more obvious than those of our Kings serving their turns by and upon their Parliaments as their occasions did require For not to look on higher and more Regal times we find that Richard the 2d a Prince not very acceptable to the Common people could get an Act of Parliament 21 Ric. 2. to confirm the extrajudicial Opinion of the Judges given before at Notingham that King Henry IV. could by another Act reverse all that Parliament entail the Crown to his posterity 1 Hen. 4. and keep his Dutchy of Laneaster and all the Lands and Scigneuries of it from being united to the Crown that King Edward the 4th could have a Parliament to declare all the Kings of the House of Lancaster to be Kings in Fact but not in Right 1 Ed. c. 1. and for uniting of that Dutchy to the Crown Imperial notwithstanding the former Act of separation that King Richard the 3d could have a Parliament to bastardize all his Brothers Children Speeds Hist in K. Richard 3. Verulams Hist of K. Hen. 7. 11 Hen. 7. c. 10. to set the Crown on his own Head though a most bloody Tyrant and a plain Usurper that K. Henry VII could have the Crown entailed by an Act of Parliament to the issue of his own body without relation to his Queen of the House of York which was conceived by many at that time to have the better Title to it another for paying a Benevolence which he had required of the Subject though all Benevolences had been damned by a former Statute made in the short but bloudy reign of King Richard the 3d that King Henry VIII could have one Act of Parliament to bastardry his Daughter Mary in favour of the Lady Elizabeth 65 Hen. 8. c. 22 28. c. 7. 35 H. 8. c. 1. another to declare the Lady Elizabeth to be illegitimate in expectation of the issue by Queen Jane Seymour a third for setling the succession by his Will and Testament and what else he pleased that Queen Mary could not only obtain several Acts in favour of her self and the See of Rome but for the setling of the Regency on the King of Spain 1 Mar. ses 2. c. 1 2. 1. 2 Ph. M. c. 8.10 in case the Children of that Bed should be left in non-age And finally that Queen Elizabeth did not only gain many several Acts for the security of her own Person which were determinable with her life but could procure an Act to be passed in Parliament for making it high Treason to affirm and say That the Queen could not by Act of Parliament bind and dispose the Rights and Titles which any person whatsoever might have to the Crown 13 Eliz. c. 1. And as for raising moneys and amassing Treasures by help of Parliaments he that desires to know how well our Kings have served themselves that way by the help of Parliaments let him peruse a book entituled the Privilege of Parliaments writ in the manner of Dialogue between a Privy Counsellor and a Justice of Peace and he shall be satisfied to the full Put all that hath been said together and sure the Kingdom of England must not be the place in which the three Estates convened in Parliament have power to regulate the King or restrain his actions or moderate his extravagances or where they can be taxed for persidious treachery of they connive at Kings when they play the Tyrants or wantonly insult on the Common-people or otherwise abuse that power which the Lord hath given them Calvin was much mistaken if he thought the contrary or if he dreamt that he should be believ'd on his ipse dixit without a punctual enquiry into the grounds and probability of such a dangerous intimation as he lays before us But against this it is objected that Parliaments have disposed of the Militia of the Kingdom of the Forts Castles Ports and the Navy Royal not only without the Kings leave but against his liking that they have deposed some Kings and advanced others to the top of the Regal Throne And for the proof of this they produce Examples out of the Reign of King Henry III. Edw. II. and King Richard the second Examples which if rightly pondered do not so much prove the Power as the Weakness of Parliaments in being carried up and down by the private conduct of every popular pretender For 't is well known that the Parliaments did not take upon them to rule or rather to over-look K. Henry III. but as they were directed by Simon Montfort Earl of Leicester who having raised a potent faction in the State by the assistance of the Earls of Glocester Matth. Paris Henr. 3. Hereford Derby and some others of the great Lords of the Kingdom compelled the King to yield unto what terms he pleased and made the Parliaments no other than a means and instrument to put a popular gloss on his wretched purposes And
part of the fourth Commandment Page 359 3. The Annual Sabbaths no less solemnly observed and celebrated than the weekly were if not more solemnly Page 360 4. Of the Parasceue or Preparation to the Sabbath and the solemn Festivals Page 361 5. All manner of work as well forbidden on the Annual as the weekly Sabbaths Page 362 6. What things were lawful to be done on the Sabbath days Page 363 7. Touching the prohibitions of not kindling fire and not dressing meat Page 364 8. What moved the Gentiles generally to charge the Jews with Fasting on the Sabbath day Page 365 9. Touching this Prohibition Let no man go out of his place on the Sabbath day Page 366 10 All lawful recreations as Dancing Feasting Man-like Exercises allowed and practised by the Jews upon their Sabbaths ibid. CHAP. VI. Touching the observation of the Sabbath unto the time the People were established in the Promised Land 1. The Sabbath not kept constantly during the time the People wandred in the Wilderness Page 368 2. Of him that gathered sticks on the Sabbath day ibid. 3. Wherein the sanctifying of the Sabbath did consist in the time of Moses Page 369 4. The Law not ordered to be read in the Congregation every Sabbath day Page 370 5. The sack of Hiericho and the destruction of that People was upon the Sabbath Page 371 6. No Sabbath after this without Circumcision and how that Ceremony could consist with the Sabbaths rest Page 372 7. What moved the Jews to prefer Circumcision before the Sabbath Page 373 8. The standing still of the Sun at the prayers of Josuah c. could not but make some alteration about the Sabbath ibid. 9. What was the Priests work on the Sabbath day and whether it might stand with the Sabbaths rest Page 374 10. The scattering of the Levites over all the Tribes had no relation unto the reading of the Law on the Sabbath-days Page 375 CHAP. VII Touching the keeping of the Sabbath from the time of David to the Maccabees 1. Particular necessities must give place to the Law of Nature Page 376 2. That Davids flight from Saul was upon the Sabbath Page 377 3. What David did being King of Israel in ordering things about the Sabbath ibid. 4. Elijahs flight upon the Sabbath and what else hapned on the Sabbath in Elijah's time Page 378 5. The limitation of a Sabbath days journey not known amongst the Jews when Elisha lived Page 379 6. The Lord becomes offended with the Jewish Sabbaths and on what occasion ibid. 7. The Sabbath entertained by the Samaritans and their strange niceties therein Page 380 8. Whether the Sabbaths were observed during the Captivity ibid. 9. The special care of Nehemiah to reform the Sabbath Page 381 10. The weekly reading of the Law on the Sabbath days begun by Ezra Page 382 11. No Synagogues nor weekly reading of the Law during the Government of the Kings Page 383 11. The Scribes and Doctors of the Law impose new rigours on the People about their Sabbaths Page 384 CHAP. VIII What doth occur about the Sabbath from the Maccabees to the destruction of the Temple 1. The Jews refuse to fight in their own defence upon the Sabbath and what was ordered thereupon Page 385 2. The Pharisees about these times had made the Sabbath burdensome by their Traditions Page 386 3. Hierusalem twice taken by the Romans on the Sabbath day Page 387 4. The Romans many of them Judaize and take up the Sabbath as other Nations did by the Jews example Page 388 5. Augustus Caesar very gracious to the Jews in matters that concerned their Sabbath Page 390 6. What our Redeemer taught and did to rectifie the abuses of and in the Sabbath ibid. 7. The final ruin of the Temple and the Jewish Ceremonies on a Sabbath day Page 391 8. The Sabbath abrogated with the other Ceremonies Page 392 9. Wherein consists the Christian Sabbath mentioned in the Scriptures and amongst the Fathers Page 393 10. The idle and ridiculous niceties of the modern Jews in their Perasceves and their Sabbaths conclude the first Part. Page 394 BOOK II. CHAP. I. That there is nothing found in Scripture touching the keeping of the Lords day 1. The Sabbath not intended for a perpetual ordinance Page 400 1. Preparatives unto the dissolution of the Sabbath by our Saviou Christ Page 401 3. The Lords day not enjoyned in the place thereof either by Christ or the Apostles but instituted by the authority of the Church Page 402 4. Our Saviours Resurrection on the first day of the week and apparitions on the same make it not a Sabbath Page 404 5. The coming down of the Holy Ghost upon the first day of the week makes it not a Sabbath Page 405 6. The first day of the week not made a Sabbath more than others by S. Peter S. Paul or any other of the Apostles ibid. 7. S. Paul frequents the Synagogue on the Jewish Sabbath and upon what reasons Page 406 8. What was concluded against the Sabbath in the Council holden at Hierusalem Page 407 9. The preaching of S. Paul at Troas upon the first day of the week no argument that then that day was set apart by the Apostles for religious exercises Page 408 10. Collections on the first day of the week 1 Cor. 16. conclude as little for that purpose Page 409 11. Those places of S. Paul Gal. 4.10 Coloss 2.16 do prove invincibly that there is no Sabbath to be looked for Page 410 12. The first day of the week not called the Lords day until the end of this first age and what that title adds unto it Page 411 CHAP. II. In what estate the Lords day stood from the death of the Apostles to the Reign of Constantine 1. Touching the orders setled by the Apostles for the Congregation Page 413 2. The Lords day and the Saturday both Festivals and both alike observed in the East in Ignatius time Page 414 3. The Saturday not without great difficulty made a Fasting day Page 415 4. The Controversie about keeping Easter and how much it conduceth to the present business Page 416 5. The Feast of Easter not affixed to the Lords day without much opposition of the Eastern Churches ibid. 6. What Justin Martyr and Dionysius of Corinth have left us of the Lords day Clemens of Alexandria his dislike thereof Page 417 7. Vpon what grounds the Christians of the former times used to pray standing on the Lords day and the time of Pentecost Page 418 8. What is recorded by Tertullian of the Lords day and the Assemblies of the Church Page 419 9. Origen as his Master Clemens had done before dislikes set days for the Assembly Page 420 10. S. Cyprian what he tells us of the Lords day and of the reading of the Scriptures in S. Cyprians time ibid. 11. Of other holy days established in these three first Ages and that they were observed as solemnly as the Lords day was Page 421 12. The
made them on the other side to court the people and to apply themselves unto them upon all occasions And though it happened many times that some of them being indigent and needy men where easily wrought upon by money and apt to sell as well the justice as the honour of the Common-wealth to enrich themselves and raise their Families whereof Aristotle much complains and that deservedly Id. ibid. c. 8. yet this corruption served to advance their power and put them into a condition to be the better able to oblige the people So that the common sort of people doing all they could to advance the power and reputation of the Ephori whom they accounted for their own as indeed they were and the Ephori striving by all possible means to gratifie the people by obtaining new Laws and large immunities to be enacted for them as they saw occasion they altered the whole frame of Government and made it of an Aristocrasie to become an Ogligarchie and in conclusion a plain Popular Tyranny For trusting to the power and interess whic they had in the Commonalty and the support they were assured from them if the case required it they drew unto themselves the managery of the State-affairs and grew so powerful at the last that if they did not all things of their own authority yet they had such an hand on the Kings and Senate that nothing could be done without them Were any Laws to be Enacted who but the Ephori must propound them Or any Taxes to be levied for the necessary uses of the Common-wealth who but the Ephori must impose them Plutarch in Agis Cleomen When Lysander had reduced the City of Athens unto such extremities that they were glad to yield unto such conditions as the Conquerors were pleased to impose upon them from whom must the Capitulations come but from the Ephori It was the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the final resolution of the Ephori Id. in Lysandro from which they were to expect either bonds or liberty Cynado is accused of Treason against Agesilaus and the State of Sparta the Ephori must take the information and proceed accordingly Xenophon in vita Agesilai Thucydides l. 1. and if Pausanias be accused of holding correspondence with the King of Persia the Ephori send out their commands 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and commit him presently to Prison When any Ambassadors were sent forth on the publick service from whom must they receive their power from whom be furnished with instructions but from the Ephori alone Plut. in Nicias and who but they must appoint Comminders for the Wars require account of their employments and either punish or reward them as they haved served When Cleonymus was displeased because Areus was preferred before him in his pretensions to the Kingdom the Ephori did not only take upon them to sweeten and demulce the man by great gifts and presents 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but also to confer upon him the command of the Army Pausan l. 3. in Lacon though of right belonging to the Kings When Mindarus the Admiral of their Navy was miserably beat by the Athenians in the straight of Hellespont an Express is presently dispatched to Sparta Plutarch in Alcibiades Idem in Lysandro to give unto the Ephori an account thereof Lysander had no sooner revenged this quarrel and beat the Fleet of the athenians near the self same place but he acquaints the Ephori with his good success with all speed that might be And if the Wars prove fortunate and the spoil so great that part thereof be sent to Sparta to be laid up in the publick Treasury the Ephori and none but they must have the fingering of the money Id. ibid. Finally there was no Commander of the Armies or other Officer employed by the Common-wealth whom they called not to an accompt as their stomachs served not staying till the Office was expired and the Commander or the Officer become a private man again as in other States but even in the midst of their Command and Magistracy whatsoever it was and whom they did not punish when they come before them Xenophon de Repâ—b Lacedaem either by imprisonment or death as to them seem'd best Thus have we brought them to their height and seen them absolutely possessed of the Supream Power in making peace or war as they thought convenient and in disposing of the goods the liberties yea and the lives too of the Spartan subject It had been a strange temper in them had they tarried there and not encroached as much whilest the Tide went with them upon the persons and the power of the Kings themselves For howsoever at the first they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Ministers of the Kings as before was told you and accomptable to none but them yet after they were reckoned for the Officers of the Common-wealth they cast off all relation to the Kings their Masters and thought themselves their Equals at the best and at last their betters A point which Theopompus did but little dream of when first he set them up to oppose the Senate although his Queen a wise and understanding Lady did evidently see and tell him what would follow on it Of which we find this story in the works of Aristotle and from him borrowed by Plutarch if I guess aright that his Wife seeing what design he was bent upon and how unluckily he was carried on to effect the same advised him to take heed that by erecting this new Magistracy he did not leave the Kingdom in a worse condition to his Heirs and Successors than he received the same from his I redecessors and that he answered thereunto 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Apistot Polit. l. 5. c. 11. that by this means he hoped to leave it stronger and more durable than it was before But the event declared unto all the World that the Woman was the better Prophet and had the greater insight into things to come The power of Sovereignty when once communicated to the common people or otherwise usurped by such popular Officers as depend wholly on the people for their place and being is seldom time recovered into Regal hands And though some Kings may be persuaded by some subtle Artifices as it seems Theopompus was that by this means the Chair of State will stand the faster yet the proceedings of the Ephori in the State of Sparta will inform us otherwise and easily lay open the apparent danger of such weak surmises For being made Officers of State one of the first points they obtained was that the Kings made Oath unto them once in every month 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Xenophon de Kepub Laced that they would govern the Estate according to the Laws established in the Common-wealth and that they would preserve the Kingdom in the best condition that they could the Ephori making Oath to them in the name of the City whose Officers