must needs follow thereupon that all which held their Lands of the Crown in Capite were capable in those times of a place in Parliament And so it seems they had in the Reign of King John and afterwards in the Reign of King Henry the 3d but in the last years of the said King Henry and by the power and prudence of King Edward the first were brought into a narrower compass none being admitted to appear and attend in Parliament but such as he thought fit to summon by his Royal Mandate And hereunto as well our choicest Antiquaries as our most eminent Lawyers do consent unanimously But here is to be noted saith Chief Justice Coke that if the King give Lands to any one tenendum per servitium Baronis de Rege he is no Lord of Parliament till he be called by Writ to the Parliament which as he there declares for a point of Law so is it also verified in point of practice out of the old Record entituled Modus tenendi Parliamentum in which it is affirmed Ad Parliamentum summoniri venire debere Archiepiscopos Episcopos Abbates Priores alios majores Cleri qui tenent per Comitatum aut Baroniam ratione hujusmodi Tenurae that all Arch-bishops Bishops Priors and other Prelates of the Church who hold their Lands either in right of their Counties or in right of their Baronages were to be summoned and come to Parliament in regard of their Tenures Where we may see that though they had a jus ad rem in regard of their Tenures yet they had no pretence to their Jus in re but only by the Writ of Summons And secondly whereas the Modus speaks of some Bishops which were to be called to the Parliament in the right of their Counties I think he means it of the Bishops of Durham and Ely which enjoyed all the Rights and priviledges of a County Palatine in their several Circuits By which we see that to the making of a Baron or a Lord of Parliament it is not only necessary that he hold by Barony but that he have his Writ of Summons to attend the service which puts a signal difference between Lords of Parliament and such as are called Lords in respect of their birth or in regard of some great Offices which they hold in the State of the first sort whereof are all the eldest sons of Earls and upwards who are not only honoured with the name of Lords but challenge a precedence by the Rules of Herauldry before all the Barons of the Realm and yet can lay no claim to the Rights of Peerage unless perhaps they may be summoned to the Parliament in their fathers life time And so it hapned in the Case of the Earl of Surrey the eldest son of Thomas Lord Howard Duke of Norfolk arraigned in the last days of King Henry the eighth and tried by a Jury of twelve men because not being called to Parliament in his fathers life-time he could not be considered as a Peer of the Realm And in the last sort we may reckon the Lord Chancellor the Lord Treasurer the Lord Privy Seal the Lord President of his Majesties Council the Lord High Chamberlain the Lord Admiral the Lord Steward and the Lord Chamberlain of his Majesties Houshold the Lord Warden of the Cinque-ports and the three Chief Judges who if they be not otherwise of the Rank of Barons can plead no Title to their Peerage nor to Vote in Parliament and so it hapned in the Case of Sir William Stanly Lord Chamberlain to King Henry the seventh tried by a Jury of twelve men in a case of Treason without relation to his great Office or Title of Lord. Most true it is that some of these great Officers have their place in Parliament and so have all the Judges of the Courts of Westminster the Master of the Rolls the Masters of the Chancery the Kings Attorney General and perhaps some others all summoned to attend the service by Especial Writs but they are only called to advise the Court to give their Judgment and Opinion when it is demanded but not to canvass or debate and much less to conclude in any business which is there discoursed of as both the Bishops and the Temporal Lords are impowred to do Which difference appears in the Writs themselves For in the Writ of Summons to the Judges and the rest here mentioned the words run thus viz. Quod intersitis nobiscum cum caeteris de concilio nostro and sometimes nobiscum only supra praemissis tractaturi vestrumque consilium impensuri But in the Writ of Summons to the Bishops and the rest of the Peers we shall find it thus viz. quod intersitis cum praelatis magnatibus proceribus super dictis negotiis tractaturi vestrumque consilium impensuri c. which Writs of Summons to the Bishops and the Temporal Peers are the same verbatim but that the Bishops are required to attend the service sub fide dilectione the Temporal Peers sub fide ligeantia quibus nobis tenemini Upon which Premises it may be rationally inferred that the Bishops of this Church were reputed Barons a Baron and a Barony being conjugata and being Barons have as good a Claim to the right of Peerage as any of the Temporal Lords who hold as well their Peerage as their place in Parliament by no other Tenure for that a Baron of Realm and a Peer of the Realm are but terms synonymous and that the Bishops of the the Church of England are both Peers and Barons hath been proved before and may be further evidenced from that which they affirmed to the Temporal Lords convened in Parliament at Northampton under Henry the 2d for the determining of the differences betwixt the King and Thomas Becket Arch bishop of Canterbury which the Temporal Lords would fain have thrust upon the Bishops as more competent Judges to which the Bishops thus replied viz. non sedemus hic Episcopi sed Barones nos Barones vos Barones Pares hic sumus We sit not here say they as Bishops only Seldens Titles of Honour pag. â—18 but as Barons also we are Barons and you are Barons here we sit as Peers Their sitting in the Parliament was in a right of their Baronies And in the right of their Baronage they were also Peers and Peers to all intents and purposes as well as any others whether Earls or Barons who had Vote in Parliament This appears further by the words of Arch-bishop Stratford who being suspended from his place in Parliament by King Edward the 3d came boldly to the Doors of the House and turning towards those that attended there thus maintained his Claim Amice Rex me ad hoe Parliamentum scripto sua vocavit Antiq. Brittan ego tanquam major Par regni post Regem primam vocem habere debens in Parliamento Jura Ecclesiae meae Cantuariensis vendico ideo Ingressum in Parliamentum peto Which
Divinity as well as undertake the profession of it but afterward persuaded thereto by a Right Reverend and Learned Person Mr. Buckner he seriously applied himself to this Study and holy Profession receiving the Orders of Deacon and Priest but at distinct times in S. Aldates Church in Oxon from the Right Reverend Bishop Howson And when he was Ordained Priest he Preach'd the Ordination Sermon upon these words of our Blessed Saviour to S. Peter Luk. 22.32 And when thou art Converted strengthen thy Brethren What course and method he observed in his Theological Studies he informs us with his own Pen Theol. Vit. praef to the Reader When I began my Studies in Divinity I thought no course so proper and expedient for me as the way commended by King James which was that young Students in Divinity should be excited to study such Books as were most agreeable in Doctrine and Discipline to the Church of England and to bestow their time in the Fathers and Councils School-men Histories and Controversie and not to insist too long upon Compendiums and Abbreviators His Geography was in less than three years Reprinted And in this second Edition was enlarged and again presented by him to the Prince of Wales and by him graciously received with most affectionate commendations of the Author But it met with another kind of entertainment from King James for the Book being put into the hands of that Learned Monarch by Dr. Young then Dean of Winton who design'd nothing but the highest kindness to Mr. Heylyn thereby the King at first exprest his great value he had for the Author but unfortunatly falling on a passage wherein Mr. Heylyn gave Precedency to the French King and called France the more famous Kingdom King James became very much offended and ordered the Lord Keeper to call the Book in The Dean gave notice to Mr. Heylyn of his Majesties displeasure and advised him to repair to Court and make use of the Princes Patronage as the best lenitive to prevent the rankling of this wound But he rather chose to abide in Oxford and acquainting the Lord Danvers with the business afterward sent an Apology and Explanation of his meaning That the burden under which he suffered was rather a mistake than a crime and that mistake not his own but the Printers which was after corrected and amended In the year 1625. he took a Journey with Mr. Levet of Lincolns-Inn into France where he visited more Cities and made more observations in five weeks time for he stayed no longer than many others have done in so many years The particulars of this Journey he reduced into writing and some years after gratifi'd his Countrey with the publication of it together with some other excellent remarks made by him when he went in attendance upon the Earl of Danby to the Isle of Gernsey and Jersey Anno Dom. 1628. Had King James lived to have perused that Book Mr. Heylyn had needed no other Advocate to have restored him to his Princely favour and protection For never was the vanity and levity of the Monsieurs and deformity and sluttishness of their Madams more ingeniously exposed both in Verse and Prose than in the account that he gives of his Voyage into France On April the 18th 1627. he opposed in the Divinity-School and on Tuesday the 24th following he answered pro formâ upon these two Questions viz. An Ecclesia unquam fuerit invisibilis An Ecclesia possit errare Both which he determined in the Negative Upon occasional discourse with him he was pleased once to shew me his Supposition which I read over in his House at Lacies-Court in Abingdon but I had not then either the leisure or good luck to transcribe a Copy of it which would have been worth my pains and more worthy of the Press to the great satisfaction of others For my part I can truly say that I never read any thing with more delight for good Latin Reason and History which that Exercise was full of but since both it and many other choice Papers in his Study through the carelesness of those to whose custody they are committed I suppose are utterly lost and gone ad blattarum tinearum Epulas In stating of the first Question that caused the heats of that day he fell upon a quite different way from that of Dr. Prideaux the Professor in his Lecture De Visibilitate Ecclesiae and contrary to the common opinion of other Divines who generally prove the visibility of the Protestant Church from the poor persecuted Christians dispersed in several places as the Berengarians in Italy the Waldenses in France the Wicklifists in England and the Hussiets in Bohemia which manner of proceeding being disliked by Mr. Heylyn as that which utterly discontinued the Succession of the Hierarchy which the Church of England claims from the very Apostles and their immediate Successors He rather chose to find out a continual visible Church in Asia Ethiopia Greece Italy yea and Rome it self as also in all the Western Provinces then subject to the power of the Roman Bishop when he was the chief Patriarch which Mr. Heylyn from his great knowledge and more than ordinary abilities in History strenuously asserted and proved to which the Professor could make but weak replies as I have heard from knowing persons who were present at that Disputation because he was drawn out of his ordinany byass from Scholastical Disputation to forein Histories in which encounter Mr. Heylyn was the invincible Ajax Nec quisquam Ajacem superare possit nisi Ajax But chiefly the quarrel did arise for two words in Mr. Heylyns Hypothesis after he had proved the Church of England received no Succession of Doctrine or Government from the Berengarians Wicklifists c. who held many Heterodoxies in Religion as different from the established Doctrine of our Church as any point which was maintained at that time in the Church of Rome that the Writers of that Church Bellarmin himself hath stood up as cordially in maintenance of some fundamental points of the Christian Faith against Anti-Trinitarians Anabaptists and other Heretiques of these last Ages as any our Divines and other Learned men of the Protestant Churches which point Mr. Heylyn closed up with these words Vtinam quod ipse de Calvino sic semper errasset nobilissimus Cardinalis at which words the Reverend Doctor was so impatient in his Chair that he fell upon the Respondent in most vile terms calling him Papicola Bellarminianus Pontificius c. to draw the hatred of the University upon him according to the saying Fortiter calumniare aliquid adhaerebit grievously complaining to the younger sort of his Auditors unto whom he made his chiefest addresses of the unprofitable pains he took among them if Bellarmin whom he had laboured to confute for so many years should be honoured with the Title of Nobilissimus Notwithstanding the Respondent acquitted himself bravely before the Company ascribing no more honour to Bellarmin
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
be placed according to ancient custom at the East end of the Chancel and railed about decently to prevent base and profane usages and where the Chancel wanted any thing of repairs or the Church it self both to be amended Having thus shewed his care first for the House of God to set it in good order the next work followed was to make his own dwelling House a fit and convenient Habitation that to the old Building he added a new one which was far more graceful and made thereto a Chappel next to the Dining-room that was beautified and adorned with silk Hangings about the Altar in which Chappel himself or his Curate read Morning and Evening Prayer to the Family calling in his Labourers and Workfolks for he was seldom without them while he liv'd saying that he loved the noise of a Work-mans hammer for he thought it a deed of Charity as well as to please his own fancy by often building repairing to set poor People a work and encourage painful Artificers and Tradesmen in their honest Callings Yet after his death his Eldest Son was sued for Dilapidations in the Court of Arches by Dr. Beamont his Fathers Successor but the ingenious Gentleman pleaded his cause so notably before Sir Giles Swet then Judge of the Court that he was discharged there being no reason or justice he should be troubled for Dilapidations occasioned by the long War when his Father was unjustly turn'd out of his House and Living In July 1630. he took his Degree of Batchelor in Divinity His Latin Sermon was upon these words Mal. 4.19 Facim vos fieri piscatores hominum Upon the Sunday following being the time of the Act he Preach'd in the Afternoon on Matth. 13.25 In Feb. 13. A. D. 1633. He took his Degree of Dr. in Divinity an honour not usually in those days conferr'd upon men of such green years but our young Doctor verified those excellent words of the Son of Syrach That honourable Age is not that which standeth in length of time nor that is measured by number of years but Wisdom is the grey unto men and an unspotted life is an old Age Wisd 4.8 9. He entertain'd some hopes that Dr. Prideaux his animosities in so long a Tract of time as from 1627. to 1633. might have cooled In his first Disputation he had insisted on the Churches Visibility and now he resolved to assert and establish its Authority and to that purpose made choice to answer for his Degree upon these three questions viz. An Ecclesia habeat Authoritatem In determinandis fidei controversus An Ecclesia habeat Authoritatem Interpretandi S. scripturas An Ecclesia habeat Authoritatem Decernendi Ritus Caeremonias All which he held in the Affirmative according to the Doctrine of the Church of England in the 20th Article But Dr. Prideaux was as little pleased with these questions and the Respondents stating of them as he was with the former And therefore to create unto the Respondent a greater odium he openly declared that the Respondent had falsified the publick Doctrine of the Church and changed the Article with that sentence viz. Habet Ecclesia ritus sive caeremonias c. which was not to be found in the whole body of it and for the proof thereof he read the Article out of a Book which lay before him beginning thus Non licet Ecclesiae quicquam instituere quod verbo Dei scripto adversetur c. To which the Respondent readily answered That he perceived by the bigness of the Book which lay on the Doctors Cushion that he had read that Article out of the harmony of Confessions published at Geneva A. D. 1612. which therein followed the Edition of the Articles in the time of King Edward VI. A.D. 1552. in which that sentence was not found but that it was otherwise in the Articles agreed on in the Convocation A. D. 1562. The Respondent caused the Book of Articles to be sent for out of the Book-sellers shop which being observed by the Doctor he declared himself very willing to decline any further prosecution of that particular But Dr. Heylyn was resolved to proceed on no further Vsquedum liberaverit animam suam ab ista calumnia as his own words were At the coming in of the Book the Respondent read the Article in the English Tongue viz. The Church hath power to decree Rites and Ceremonies and Authority in Controversies of Faith c. Which done he delivered the Book to one of the Standers by who desired it of him the Book passing from one hand to another till all men were satisfied The Regius Professor had no other subterfuge but this He went to prove that not the Convocation but the High Court of Parliament had power of ordering matters in the Church in making Canons ordaining Ceremonies and determining Controversies in Religion And he could find no other medium to make it good but the Authority of Sir Edward Coke in one of the Books of his Reports An Argument that Dr. Heylyn gratified with no better answer than Non Credendum est cuique extra suam artem For these things and the Professors ill words in the former Disputation Dr. Heylyn caused him to be brought before the Council Table at Woodstock where he was publickly reprehended And upon the coming out of the Kings Declaration concerning lawful sports Dr. Heylyn translated the Regius Professors Lecture upon the Sabbath into English and putting a Preface before it caused it to be Printed a performance which did not only justifie his Majesties proceedings but took off much of that opinion which Dr. Prideaux had amongst the Puritanical Faction in those days A. D. 1634. The grievances which the Collegiate Church of Westminster suffered under the Government of John Lord Bishop of Lincoln then Commendatory Dean thereof became so intolerable that Dr. Heylyn with Dr. Tho. Wilson Dr. Gabriel Moor and Dr. Lud. Wemys with other of the Prebends drew up a Charge of no less than 36 Articles against the Bishop and by way of complaint humbly Petitioned his Majesty for redress of these grievances Whereupon a Commission was issued out to the Arch-Bishops of Canterbury and York the Earl of Manchester Earl of Portland the Lord Bishop of London and the two Secretaries of State Authorizing them to hold a Visitation of the Church of Westminster to examine the particular Charges made against John Lord Bishop of Lincoln who afterwards calling the Prebends to meet him in the Jerusalem-Chamber desired to know of them what these things were that were amiss that so he might presently redress them But to that Dr. Heylyn replied that seeing they had put the business into his Majesties hands it would but ill become them to take the matters out of his into their own Amongst other grievances the Bishop had most disgracefully turned out the Prebends of the great Seat or Pew under the Pulpit Dr. Heylyn being chosen Advocate for his Brothren did prove before
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
was only by the King's Authority by vertue of the Headship or Supremacy which by way of recognition was vested in him by the Clergy either co-operating and concurring with them in their Convocations or else directed and assisted by such learned Prelates with whom he did advise in matters which concerned the Church and did relate to Reformation By virtue of which Headship or Supremacy he ordained the first and to that end caused certain Articles or Injunctions to be published by the Lord Cromwel then his Viear General Anno 1536. And by the same did he give order for the second I mean for the saying of the Letany in the English Tongue by his own Royal Proclamation Anno 1545. For which consult the Acts and Monuments fol. 1248 1312. But these were only preparations to a greater work which was reserved unto the times of K. Edw. 6. In the beginning of whose Reign there passed a Statute for the administring the Sacrament in both kinds to any person that should devoutly and humbly desire the same 1 E. 6. c. 1. In which it is to be observed that though the Statute do declare that the ministring of the same in both kinds to the people was more agreeable to the first Institution of the said Sacrament and to the common usage of the primitive Times Yet Mr. Fox assures us and we may take his word that they did build that Declaration and consequently the Act which was raised upon it upon the judgment and opinion of the best learned men whose resolution and advice they followed in it fol. 1489. And for the Form by which the said most blessed Sacrament was to be delivered to the common people it was commended to the care of the most grave and learned Bishops and others assemby the King at His Castle of Windsor who upon long wise learned and deliberate advice did finally agree saith Fox upon one godly and uniform zOrder for receiving of the same according to the right rule of Scriptures and the first use of the primitive Church fol. 1491. Which Order as it was set forth in Print Anno 1548. with a Proclamation in the name of the King to give Authority thereunto amongst the people so was it recommended by special Letters writ unto every Bishop severally from the Lords of the Council to see the same put in execution A copy of which Letters you may find in Fox fol. 1491. as afore is said Hitherto nothing done by Parliament in the Forms of Worship but in the following year there was For the Protector and the rest of the Kings Council being fully bent for a Reformation thought it expedient that one uniform quiet and godly Order should be had throughout the Realm for Officiating God's divine Service And to that end I use the words of the Act it self appointed the Arch-Bishop of Canterbury and certain of the most learned and discreet Bishops and other learned men of the Realm to meet together requiring them that having as well eye and respect to the most pure and sincere Christian Religion taught in Scriptures as to the usages in the Primitive Church they should draw and make one convenient and meet Order Rite and fashion of Common Prayer and Administration of Sacraments to be had and used in this his Majesties Realm of England Well what did they being thus assembled that the Statute tells us Where it is said that by the aid of the Holy Ghost I pray you mark this well and with one uniform agreement they did conclude upon and set forth an Order which they delivered to the Kings Highness in a Book entituled The Book of Common-Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church after the use of the Church of England All this was done before the Parliament did any thing But what was done by them at at last Why first considering the most godly travel of the King's Highness and the Lord Protector and others of his Highness Council in gathering together the said B. and learned men Secondly The Godly Prayers Orders Rites and Ceremonies in the said Book mentioned Thirdly The motive and inducements which inclined the aforesaid learned men to alter those things which were altered and to retain those things which were retained And finally taking into consideration the honour of God and the great quietness which by the grace of God would ensue upon it they gave his Majesty most hearty and lowly thanks for the same and most humbly prayed him that it might be ordained by his Majesty with the assent of the Lords and Commons assembled in Parliament and by Authority of the same that the said Form of Common-Prayer and no other after the Feast of Pentecost next following should be used in all his Majesties Dominions with several penalties to such as either should deprave or neglect the same 2 and 3. E. 6. cap. 1. So far the very words of the Act it self By which it evidently appeareth that the two Houses of Parliament did nothing in the present business but impose that Form upon the people which by the learned and religious Clergy-men whom the K. appointed thereunto was agreed upon and made it penal unto such as either should deprave the same or neglect to use it And thus doth Poulton no mean Lawyer understand the Statute who therefore gives no other title to it in his Abridgement publish'd in the year 1612. than this The penalty for not using uniformity of Service and Ministration of the Sacrament So then the making of one uniform Order of celebrating divine Service was the work of the Clergy the making of the Penalties was the work of the Parliament Where let me tell yu by the way that the men who were employed in this weighty business whose names deserve to be continued in perpetual memory were Thomas Cranmer Arch-Bishop of Canterbury George Day Bishop of Chichester Thomas Goodrich B. of Ely and Lord Chancellour John Ship Bishop of Hereford Henry Holbeck Bishop of Lincoln Nicholas Ridley Bishop of Rochester translated afterwards to London Thomas Thirlby Bishop of Westminster Dr. May Dean of St. Pauls Dr. Taylor then Dean afterwards Bishop of Lincoln Dr. Hains Dean of Exeter Dr. Robertson afterwards Dean of Durham Dr. Redman Master of Trinity Colledge in Cambridge and Dr. Cox then Almoner to the King afterward Dean of Westminster and at last Bishop of Ely men famous in their generations and the honour of the Age they lived in And so much for the first Liturgy of King Edwards Reign in which you see how little was done by Authority or power of Parliament so little that if it had been less it had been just nothing But some exceptions being taken against the Liturgy by some of the preciser sort at home and by Calvin abroad the Book was brought under a review And though it had been framed at first if the Parliament which said so erred not by the ayd of the Holy Ghost himself yet to comply with
and Ministers shall move the people to joyn with them in Prayer in this Form or to this effect as briefly as conveniently they may Ye shall pray for Christs holy Catholick Church that is for the whole Congregation of Christian people dispersed through the whole world and especially for the Churches of England Scotland and Ireland And herein I require you most especially to pray for the Kings most excellent Majesty our Sovereign Lord James King of England Scotland France and Ireland Defender of the Faith and Supreme Governour in these his Realms and all other his Dominions and Countreys over all Persons in all causes as well Ecclesiastical as Temporal Ye shall also pray for our gracious Queen Ann the noble Prince Henry and the rest of the Kings and Queens Royal Issue Ye shall also pray for the Ministers of Gods holy Word and Sacraments as well Archbishops and Bishops as other Pastors and Curats Ye shall also pray for the Kings most honourable Council and for all the Nobility and Magistrates of this Realm that all and every of those in their several callings may serve truly and painfully to the Glory of God and the edifying and well-governing of his people remembring the accompt they must make Also ye shall pray for the whole Commons of this Realm that they may live in true Faith and fear of God and humble obedience to the King and Brotherly Charity one to another Finally let us praise God for all those that are already departed out of this life in the Faith of Christ and pray unto God that we may have grace to direct our lives after their good examples that this life ended we may be made partakers with them of the glorious Resurrection in the life everlasting Always concluding with the Lords Prayer So far the Letter of the Canon in which there was not any purpose nor in the makers of the same to introduce into the Church any Form of Prayer or Invocation save those which were laid down in the Common prayer Book nor indeed could they if they would the Statute 1 Eliz. being still in force but to reduce her Ministers to the antient usage of this Church which had been much neglected if not laid aside The Canons then established were no late Invention as some give it out but a Collection of such Ordinances and pious Customs as had been formerly in use since the Reformation which being scattered and diffused in several Injunctions Orders and Advertisements published by K. Henry VIII K. Edward VI. and Q. Eliz. or in the Canons of particular Convocations in those times assembled or otherwise retained in continual practice was by the care and wisdom of the Clergy in the Synod at London An. 1603. drawn up together into one body and by his Majesty then being Authorized in due form of Law And being so Authorized by his Majesty the Canons then made had the force of Laws and were of power to bind the Subjects of all sorts according to their several and respective concernments as fully and effectually as any Statute or Act of Parliament can bind the Subject of this Realm in their goods and properties For which consult the Statute 25. H. 8. cap. 19. and the practice since Which as it may be said of all so more particularly of the Canon now in question of which it is to be considered that the main body of the same had been delivered formerly almost verbatim in the Queens Injunctions published by her Royal and Supream Authority in the first year of her Reign Anno 1559. which I will therefore here put down that by comparing both together we may the better see the true intention of that Canon and what is further to be said in the present business The Queens Injunction is as followeth The title this The Form of bidding the Prayers to be used generally in this uniform sort and then the body of it is this Ye shall pray for Christs holy Catholick Church that is for the whole Congregation of Christian people dispersed throughout the whole world and especially for the Churches of England and Ireland and herein I require you most especially to pray for the Queens most excellent Majesty our Soveraign Lady Eliz. Queen of England France and Ireland Defender of the Faith and supream Governour of this Realm as well in causes Ecclesiastical as Temporal You shall also pray for the Ministers of Gods holy Word and Sacraments as well Archbishops and Bishops as other Pastors and Curats Ye shall also pray for the Queens most honourable Council and for all the Nobility of this Realm That all and every of these in their callings may serve truly and painfully to the glory of God and edifying of his people remembring the accompt they must make Also you shall pray for the whole Commons of this Realm that they may live in true faith and fear of God in humble Obedience and brotherly Charity one to another Finally let us praise God for all those that are departed out of this life in the faith of Christ and pray unto God that we may have grace to direct our lives after their good example that after this life we may be made partakers of the glorious resurrection in the life everlasting These are the very words of the Injunction wherein it is to be observed that as the Canon hath relation to this Injunction so neither this Injunction nor any thing therein enjoyned was of new erection but a Reviver only of the usual Form which had been formerly enjoyned and constantly observed in King Edwards days as we shall see by looking over the Injunction published and the practice following thereupon in the said Kings Reign Now the Injunction of King Edward the 6. is in this Form following The Title thus The Form of bidding the Common prayers and then the Form it self You shall pray for the whole Congregation of Christs Church and especially for this Congregation of England and Ireland wherein first I commend to your devout prayers the Kings most excellent Majesty supreme Head immediately under God of the Spiritualty and Temporalty of the same Church And for Queen Katharine Dowager and also for my Lady Mary and my Lady Elizabeth the Kings Sisters Secondly you shall pray for my Lord Protectors grace with all the rest of the Kings Majesties Council for all the Lords of this Realm and for the Clergy and Commons of the same Beseeching Almighty God to give every one of them in his degree Grace to use themselves in such wise as may be to Gods glory the Kings honour and the weal of this Realm Thirdly you shall pray for all them that be departed out of this world in the faith of Christ that they with us and we with them at the day of Judgment may rest both Body and Soul with Abraham Isaac and Jacob in the Kingdom of Heaven This was the Form first published in the beginning of the Reign of King Edward VI. and it continued all
or exhorting but taking to themselves the liberty of their own expression for the phrase and stile according to the purpose and effect of the said Injunction And it is worth our noting too that presently upon the end of this exhortation or bidding of the Prayers used by Dr. Parker there followeth in the book these words Hic factae sunt tacitae preces By all which we may perceive most evidently that it was then the peoples practice and is now our duty immediately upon the bidding of the Prayers or on the Preachers moving of the people to joyn with them in Prayer as the Canon hath it to recollect the heads recommended to them and tacitly to represent them to the Lord in their devotions or otherwise to comprechend them in the Pater-noster with which the Preacher by the Canon is to close up all And now being come to the times of King Edward the sixth we will next look on Bishop Latimer the fourth of these five Prelates whom before I spake of who living in King Henry and King Edwards times and in their times using that Form of bidding Prayers which is prescribed both in the Canon and Injunctions shews plainly that the antient practice in this kind was every way conform to the present Canon and the old Injunctions And first to keep our selves to King Edwards Reign we have eight passages in his Sermons preached in that Kings time whereby we may perceive what the usage was six of them laid down in brief and two more at large the two last being as a comment on the former six of the six brief the first occurs in his 2d p. 33. Sermon before King Edward thus Hitherto goeth the Text That I may declare this the better to the edifying of your Souls and the glory of God I shall desire you to pray c. So in his third before the King p. 42. March the 22. Before I enter further into this matter I shall desire you to pray c. And in the fourth March 29. That I may have grace so to open the remnant of this Parable that it may be to the glory of God and edifying of your souls I shall desire you to pray in the which prayer c. And in the 5th Sermon before the King on the 6th of April p. 51. having entred on his matter he thus invites them to their Prayers And that I may have grace c. So in the sixth April the 13th This is the story and that I may declare this Text so as it may be to the honour of God and the edifying of your souls and mine both I shall desire you to help me with your prayers in the which c. The last is in a Sermon before that King p. 108. Preached at the Court in Westm An. 1550. where he doth it thus Here therefore I shall desire you to pray c. These instances compared with the other two make the matter plain whereof the first is in the seventh before King Edward April 19. 1549. Thus This day we have in memory Christs bitter passion and death the remedy of our Sin Therefore I intend to treat of a piece of the story of his passion I am not able to treat of all that I may do this the better and that it may be to the honour of God and the edification of your Souls and mine both I shall desire you to pray c. In this prayer I shall desire you to remember the Souls departed with laud and praise to Almighty God that he did vouchsafe to assist them at the hour of their death I shall desire you to pray c. And in the which c. What mean these caetera's That we shall see most manifestly in his Sermon Preached at Stamford p. 88. Octob. 9. 1550. which shews indeed most fully that the Form of bidding Prayers then used was every way conform to the Injunction of King Edward VI. and very near the same which was prescribed after by the Queens Injunction For having as before proposed his matter he thus bids the Prayers And that I may at this time so declare them as may be for Gods glory your edifying and my discharge I pray you to help me with your prayers in the which prayer c. For the Vniversal Church of Christ through the whole world c. for the preservation of our Sovereign Lord King Edward the Sixth sole Supreme Head under God and Christ of the Churches of England and Ireland c. Secondly for the Kings most honourable Council Thirdly I commend unto you the Souls departed this life in the Faith of Christ that ye remember to give laud praise and thanks to Almighty God for his great goodness and mercy shewed unto them in that great need and conflict against the Devil and Sin and that gave them in the hour of death faith in his Sons Death and Passion whereby they conquer and overcome and get the victory Give thanks I say for this adding prayers and supplications for your selves that it may please God to give you like faith and grace to trust only in the death of his dear Son as he gave unto them For as they be gone so must we and the Devil will be as ready to tempt us as he was them and our sins will light as heavy upon us as theirs did upon them and we were as weak and unable to resist as were they Pray therefore that we may have Grace to die in the same faith as they did and at the latter day to be raised with Abraham Isaac and Jacob and be partakers with Christ in the Kingdom of Heaven for this and all other graces let us say the Lords prayer Now unto Bishop Latimer we will joyn another of the same time and as high a calling which is Dr. Gardiner Bishop of Winchester of whom whatever may be said in other respects in this it cannot be objected but that he followed the Form and Order then prescribed for in a Sermon Preached before King Edward VI. Anno 1550. being the Fourth of that Kings Reign before the naming of his Text for ought appears he thus bids the Prayer Most honourable Audience I purpose by the grace of God to declare some part of the Gospel that is accustomably used to be read in the Church at this day and that because without the special grace of God neither I can speak any thing to your edifying nor ye receive the same accordingly I shall desire you all that we may joyntly pray all together for the assistance of his grace In which prayer I commend to Almighty God your most excellent Majesty our Sovereign Lord King of England France and Ireland and of the Church of England and Ireland next and immediately under God here on earth Supream Head Q. Katharine Dowager my L. Maries grace and my L. Elizabeths grace your Majesties most dear Sisters my L. Protectors grace with all others of your most honourable
day that now they will not be persuaded that it is a Dream For the awakening of the which and their reduction to more sound and sensible Counsels next to my duty to Gods Church and your Sacred Majesty have I applied my self to compose this Story wherein I doubt not but to shew them how much they have deceived both themselves and others in making the old Jewish Sabbath of equal age and observation with the Law of Nature and preaching their new Sabbath-Doctrines in the Church of Christ with which the Church hath no acquaintance wherein I doubt not but to shew them that by their obstinate resolution not to make Publication of your Majesties pleasure they tacitely condemn not only all the Fathers of the Primitive times the Learned Writers of all Ages many most godly Kings and Princes of the former days and not few Councils of chief note and of faith unquestionable but even all states of Men Nations and Churches at this present whom they most esteem This makes your Majesties interest so particular in this present History that were I not obliged unto your Majesty in any nearer bond than that of every common Subject it could not be devoted unto any other with so just propriety But being it is the work of your Majesties Servant and in part fashioned at those times which by your Majesties leave were borrowed from Attendance on your Sacred Person your Majesty hath also all the rights unto it of a Lord and Master Institut l. 1. tit 8. §. 1. So that according to that Maxim of the Civil Laws Quodcunque per servum acquiritur id domino acquirit suo your Majesty hath as absolute power to dispose thereof as of the Author who is Dread Soveraign Your Majesties most Obedient Subject and most faithful Servant PET. HEYLYN A PREFACE To them who being themselves mistaken have misguided others in these new Doctrines of the Sabbath NOT out of any humour or desire of being in action or that I love to have my hands in any of those publick quarrels wherewith our peace hath been disturbed but that Posterity might not say we have been wanting for our parts to your information and the direction of Gods People in the ways of truth have I adventured on this Story A Story which shall represent unto you the constant practice of Gods Church in the present business from the Creation to these days that so you may the better see how you are gone astray from the paths of Truth and tendries of Antiquity and from the present judgment of all Men and Churches The Arguments whereto you trust and upon seeming strength whereof you have been emboldned to press these Sabbatarian Doctrins upon the Consciences of poor people I purpose not to meddle with in this Discourse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They have been elsewhere throughly canvassed and all those seeming strengths beat down by which you were your selves misguided and by the which you have since wrought on the affections of unlearned men or such at least that judged not of them by their weight but by their numbers But where you give it out as in matter of fact how that the Sabbath was ordained by God in Paradise and kept accordingly by all the Patriarchs before Moses time or otherwise ingraft by Nature in the soul of man and so in use also amongst the Gentiles In that I have adventured to let men see that you are very much mistaken and tell us things directly contrary unto truth of Story Next where it is the ground-work of all your building that the Commandment of the Sabbath is Moral Natural and Perpetual as punctually to be observed as any other of the first or second Table I doubt not but it will appear by this following History that it was never so esteemed of by the Jews themselves no not when as the observation of the same was most severely pressed upon them by the Law and Prophets nor when the day was made most burdensome unto them by the Scribes and Pharisees Lastly whereas you make the Lords day to be an institution of our Saviour Christ confirmed by the continual usage of the holy Apostles and both by him and them imposed as a perpetual Ordinance on the Christian Church making your selves believe that so it was observed in the times before as you have taught us to observe it in these latter days I have made manifest to the world that there is no such matter to be found at all either in any writings of the Apostles or monument of true Antiquity or in the practice of the middle or the present Churches What said I of the present Churches So I said indeed and doubt not but it will appear so in this following Story The present Churches all of them both Greek and Latin together with the Protestants of what name soever being far different both in their Doctrine and their practice from these new conceptions And here I cannot chuse but note that whereas those who first did set on foot these Doctrines in all their other practices to subvert this Church did bear themselves continually on the Authority of Calvin and the example of those Churches which came most near unto the Plat-form of Geneva In these their Sabbath-speculations they had not only none to follow but they found Calvin and Geneva and those other Churches directly contrary unto them However in all other matters they cryed up Calvin and his Writings Hooker in his Preface making his Books the very Canon to which both Discipline and Doctrine was to be confirmed yet hic magister non tenetur here by his leave they would forsake him and leave him fairly to himself that they themselves might have the glory of a new invention For you my Brethren and beloved in our Lord and Saviour as I do willingly believe that you have entertain'd these Tenets upon mis-persuasion not out of any ill intentions to the Church your Mother and that it is an errour in your judgments only not of your affections So upon that belief have I spared no pains as much as in me is to remove that errour and rectifie what is amiss in your opinion I hope you are not of those men Quos non persuadebis etiamsi persuaseris who either hate to be reformed or have so far espoused a quarrel that neither truth nor reason can divorce them from it Nor would I gladly you should be of their resolutions Qui volunt id verum esse quod credunt nolunt id credere quod verum est who are more apt to think all true which themselves believe than be persuaded to believe such things as are true indeed In confidence whereof as I was first induced to compose this History so in continuance of those hopes I have presumed to address it to you to tender it to your perusal and to submit it to your censure That if you are not better furnished you may learn from hence that you have trusted
prescribed by the Church of England shewed plainly their dislike of those Sabbath Doctrines which had been lately set on foot to the dithonour of the Church and diminution of her authority in destinating other days to the service of God than their new Saint-Sabbath Yet did not this the Churches care either so satisfie their desires or restrain the follies of those men who had embraced the New Sabbath Doctrines but that they still went forwards to advance that business which was now made a part of the common cause no book being published by that party either by way of Catechism or Comment on the Ten Commandments or moral Piety or systematical Divinity of all which these last times have produced too many wherein the Sabbath was not pressed upon the consciences of Gods people with as much violence as formerly with authority upon the Jews And hereunto they were encouraged a great deal the rather because in Ireland what time his Majesties Commissioners were employed about the setling of that Church Anno 1615. there passed an Article which much confirmed them in their Courses and hath been often since alledged to justifie both them and their proceedings Art 56. The Article is this The first day of the week which is the Lords day is wholly to be dedicated to the service of God and therefore we are bound therein to rest from our common and daily business and to bestow that leisure upon holy Exercises both private and publick What moved his Majesties Commissioners to this strict austcrity that I cannot say but sure I am that till that time the Lords day never had attained such credit as to be thought an Article of the Faith though of some mens fancies Nor was it like to be of long continuance it was so violently followed the whole Book being now called in and in the place thereof the Articles of the Church of England confirmed by Parliament in that Kingdom Anno 1634. Nor was this all the fruit neither of such dangerous Doctrines that the Lords day was grown into the reputation of the Jewish Sabbath but some that built on their foundations and ploughed with no other than their Heifers endeavoured to bring back again the Jewish Sabbath as that which is expresly mentioned in the fourth Commandment and abrogate the Lords day for altogether as having no foundation in it nor warrant by it Of these one Thraske declared himself for such in King James his time and therewithal took up another Jewish Doctrine about Meats and Drinks as in the time of our dread Soveraign now being Theophilus Braborne grounding himself on the so much applauded Doctrine of the morality of the Sabbath maintained that the Jewish Sabbath ought to be observed and wrote a large Book in defence thereof which came into the World 1632. For which their Jewish doctrines the first received his censure in the Star-Chamber and what became of him I know not the other had his doom in the High-Commission and hath since altered his opinion being misguided only by the principles of some noted men to which he thought he might have trusted Of these I have here spoken together because the ground of their opinions so far as it concerned the Sabbath were the very same they only make the conclusions which of necessity must follow from the former premisses just as the Brownists did befoe when they abominated on the Communion of the Church of England on the Puritan principles But to proceed This of it self had been sufficient to bring all to ruin but this was not all Not only Judaism did begin but Popery took great occasion of increase by the preciseness of some Magistrates and Ministers in several places of this Kingdom in bindring people from their Recreations on the Sunday the Papists in this Realm being thereby persuaded that no honest Mirth or Recreation was tolerable in our Religion Which being noted by King James in his progress through Lancashire King James's Declarat it pleased his Majesty to set out his Declaration May 24. Anno 1618. the Court being then at Greenwich to this effect that for his good peoples lawful Recreations his pleasure was that after the end of Divine Service they should not be disturbed letted or discouraged from any lawful Recreations such as Dancing either Men or Women Archery for Men Leaping Vaulting or any other such harmless Recreations nor from having of May-games Whitsun-Ales or Morrice-dances and setting up of May-poles or other sports therewith used so as the same be had in due and cenvenient time without impediment or let of Divine Service and that Women should have leave to carry Rushes to the Church for the decoring of it atcording to their old custom withal prohibiting all unlawful Games to be used on the Sundays only as Bear-baiting Bull-baiting Enterludes and at all times in the meaner sort of people by Law prohibited Bowling A Declaration which occasioned much noise and clamour and many scandals spread abroad as if these Counsels had been put into that Princes head by some great Prelates which were then of most power about him But in that point they might have satisfied themselves that this was no Court-doctrine no New-divinity which that learned Prince had been taught in England He had declared himself before when he was King of the Scots only to the self-same purpose as may appear in his Basilicon Doron published Anno 1598. This was the first Blow in effect which had been given in all his time to the new Lords day Sabbath then so much applauded For howsoever as I said those who had entertained these Sabbatarian Principles spared neither care nor pains to advance the business by being instant in season and out of season by publick Writings private Preachings and clandestine insinuations or whatsoever other means might tend to the promotion of this Catholick Cause yet find we none that did oppose it in a publick way though there were many that disliked it only one Mr. Loe of the Church of Exeter declared himself in his Effigiatio veri Sabbatismi Anno 1606. to be of different judgment from them and did lay down indeed the truest and most justifiable Doctrine of the Sabbath of any Writer in that time But being written in the Latin Tongue it came not to the peoples hands many of those which understood it never meaning to let the people know the Contents thereof And whereas in the year 1603 at the Commencement held in Cambridg this Thesis or Proposition Dies Dominicus nititur Verbo Dei was publickly maintained by a Doctor there and by the then Vice-Chancellour so determined neither the following Doctors there or any in the other University that I can hear of did ever put up any Antithesis in opposition thereunto At last some four years after his Majesties Declaration before remembred Anno 1622. Doctor Prideaux his Majesties Professour for the University of Oxon did in the publick Act declare his judgment in this point de Sabbato
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
to be affirmed by the Bishops of Rochester Oxon and St. Davids in a Letter to the Duke of Buchingham August 2. 1625. In which they signifie unto him that the said Articles being agreed upon and ready to be published it pleased Queen Elizabeth of famous memory upon notice given how little they agreed with the practice of piety and obedience to all Government to cause them to be suppressed and that they had so continued ever since till then of late some of them had received countenance at the Synod of Dort Next touching the effect produced by them in order to the end so proposed so far they were from appeasing the present Controversies and suppressing Baroe and his party that his disciples and Adherents became more united and the breach wider than before And though Dr. Baroe not long after deserted his place in the University yet neither was he deprived of his Professorship as some say not forced to leave it on a fear of being deprived as is said by others For that Professorship being chosen from two years to two years according to the Statutes of the Lady Margaret he kept the place till the expiring of his term and then gave off without so much as shewing himself a Suiter for it Which had he done it may be probable enough that he had carried it from any other Candidate or Competitor of what rank soever The Anti-Calvinian party being grown so strong as not to be easily overborn in a publick business by the opposite faction And this appears plainly by that which followed on the death of Dr. Whitacres who died within few days after his return from Lambeth with the nine Articles so much talk'd of Two Candidates appeared for the Professorship after his decease Wotton of Kings Collegd a professed Calvinian and one of those who wrote against Mountague's Appeal Anno 1626. Competitor with Overald of Trinity Colledg almost as far from the Calvinian doctrine in the main Platform of Predestination as Baroe Harsnet or Barret are conceived to be But when it came to the Vote of the University the place was carried for Overald by the Major part which as it plainly shews that though the doctrines of Calvin were so hotly stickled here by most of the Heads yet the greater part of the learned Body entertained them not so doth it make it also to be very improbable that Baroe should be put out of his place by those who had taken in Overald or not confirmed therein if he had desired And therefore we may rather think as before is said that he relinquished the place of his own accord in which he found his Doctrine crossed by the Lambeth Articles and afterwards his peace distracted dy several Informations brought against him by the adverse faction and thereupon a Letter of Complaint presented to the Lord Treasurer Burleigh subscribed by most of those who before had prosecuted Barret to his Recantation Which Letter giving very great light to the present business as well concerning Barret as Baroe though principally aimed at the last I think worthy of my pains and the Readers patience and therefore shall subscribe it as hereafter followeth A Copy of the Letter sent from some of the Heads in Cambridge to the Lord Burleigh Lord High Treasurer of England and Chancellor of the University RIGHT HONOURABLE our bounden duty remembred we are right sorry to have such occasion to trouble your Lordship but the peace of this University and Church which is dear unto us being brought into peril by the late reviving of new Opinions and troublesom Controversies amongst us hath urged us in regard of the places we here sustain not only to be careful for the suppressing the same to our power but also to give your Lordship further information hereof as our honourable Head and careful Chancellor About a year past amongst divers others who here attempted publickly to teach new and strange Opinions in Religion one Mr. Barret more boldly than the rest did preach divers Popish Errors in St. Maries to the just offence of many which he was enjoyned to retract but hath refused so to do in such sort as hath been prescribed with whose fact and Opinions your Lordship was made acquainted hy Dr. Some the Deputy Vice-Chancellour Hereby offence and division growing as after by Dr Baroes publick Lectures and determinations in the Schools contrary as his Auditors have informed to Dr. Whitacres and the sound received Truth ever since her Majesties Reign we sent up to London by common consent in November last Dr Tyndal and Dr. Whitacres men especially chosen for that purpose for conference with my Lord of Canterbury and other principal Divines there that the Controversies being examined and the truth by their consents confirmed the contrary Errours and contentions thereabouts might the rather cease By whose good travel with sound consent in Truth such advice and care was taken by certain Propositions containing certain substantial points of Religion taught and received in this University and Church during the time of her Majesties Reign and consented unto and published by the best approved Divines both at home and abroad for the maintaining of the same truth and peace of the Church as thereby we enjoyed here great and comfortable quiet until Dr. Baroe in January last in his Sermon Ad Clerum in St. Maries contrary to restraint and Commandment from the Vice-Chancellour and the Heads by renewing again these Opinions disturbed our peace whereby his Adherents and disciples were and are too much emboldned to maintain false doctrine to the corrupting and disturbing of this University and the Church if it be not in time effectually prevented For remedy whereof we have with joint consent and care upon complaint of divers Batchelors of Divinity proceeded in the examination of the cause according to our Statutes and usual manner of proceeding in such causes whereby it appeareth by sufficient Testimonies that Dr. Baroe hath offended in such things as his Articles had charged him withal There is also since the former another Complaint preferred against him by certain Batchelors in Divinity that he hath not only in the Sermon but also for the space of this fourteen or fifteen years taught in his Lectures preached in his Sermons determined in the Schools and printed in several books divers points of doctrine not only contrary to himself but also contrary to that which hath been taught and received ever since her Majesties Reign and agreeable to the Errors of Popery which we know your Lordship hath always disliked and hated so that we who for the space of many years past have yielded him sundry benefits and favours here in the University being a stranger and forborn him when he hath often heretofore busie and curious in aliena Republica broached new and strange questions in Religion now unless we should be careless of maintaining the truth of Relgiion established and of our duties in our places cannot being resolved and confirmed in the truth of the
whom they found travelling on the Sunday though their business was of more concernment to them than the lifting of the Oxe or Asse out of the ditch With what a cursed rigour a Victualler hath been forced to pay ten shillings for selling a half-penny loaf to a poor man in the time of Sermon What penalty they procured to be ordained against Vintners Taylors Barbers for selling but a pint of Wine or carrying home a new suit of Cloaths or trimming the man that was to wear them on their Sabbath day And finally against all persons whatsoever for walking in the fields or streets after all the publick duties of the day were ended They may tell me what they will of their giving the right hand of Fellowship to some Divines of Transmarine Churches who differ in that Doctrine from them But quid verba audiam cum facta videam Ibid. the bleating of the Sheep and the lowing of the Oxen will not out of my ears though preferred under a pretence of making them an acceptable Sacrifice to the Lord their God But the main ondeavour of the Pamphlet is to bring me under the reproach of a Prophanation in using such words unto the King in a Petition of mine presented to him as it could not without sin be applied unto any but to Cod. A greater crime than any of the other two and as falsly charged It is suggested in the Libel that upon the sense of some indignity which was offered to me in being disturbed in my possession of a Lodging in Magdalen Colledge I made complaint unto the King of the great wrong which bad been done his Majesties creature and the workmanship of his hands and that for this expression I was checked by the Marquess of Hertford who was then Chancellor of that University for proof whereof we are referred to somewhat which was said in the Bursery of that Colledge before two of the fellows But first I hope that all things which we said in the Bursery before any two or more of the fellows Ecce inter pocula quaerant Romalides Saturi c. must not pass for Gospel nor that all Table-talk fit only for the Voider when the meal is done is to be preserved upon Record for undoubted Truths Secondly I am confident as I can be of any thing so long since done that no such expression ever passed my pen there being no visible necessity to enforce me to it I conceive Thirdly that the Libeller cannot be so much a Stranger to the Assembly Notes on Gen. 1.6 as not to know if he had learnt it no where else that it is a familiar phrase in the style of the court to say such an one was created Earl Marquess or Duke c. upon which ground the Members of the House of Peers were looked upon by our Republicans or Common-wealths men not without some contempt as his Majesties Creatures Creatures of the Prerogative as they commonly called them And therefore Fourthly that the Marquess of Hertford was not likely to reprove me for calling my self his Majesties Creature or the workmanship of his hands in reference to my temporal fortunes and the place I held about the King that Noble person acknowledging with a loyal gratitude that he received his Creation to the Honourable Title of Lord Marquess from the hands of his Majesty and that his being made Governour to the Princes Highness was the Kings sole Workmanship Finally if all expressions of this nature must be laid aside and that we must be taught a new Court-Dialect because some Divines of the Assembly and other professed enemies of Monarchical Government do not like the old we must discharge the Titles of most High and Mighty of Majesty and Sacred Majesty because disliked by Buchanan in his most seditious book de Jure Regni By whom such adjuncts are reputed inter Barbarismos Solecismos Aulicos amongst the Barbarisms and extravagancies of the Courts of Princes But for the clearer satisfaction of all equal and unbyassed persons I shall lay down the truth the whole truth and nothign but the truth as to that particular In which the Reader is to know that at his Majesties first making choice of Oxon for his Winter Quarters Anno 1642. The course of my attendance carried me to wait upon him there as a Chaplain in ordinary Where I had not been above a week when I received his Majesties command by the Clerk of the Closet for attending Mr. Secretary Nicholas on the morrow morning and applying my self from time to time to such directions as I should receive from him in order to his Majesties service Which command was afterwards re-inforced upon me when the time of my ordinary attendance of the Court was at an end for that year as can be proved by two several intimations of it under his own most Royal hand with this charge super-added to it that I was not to depart the Town without special leave I found by this that my attendance at the Court was like to last as long as the War and therefore that it did concern me to accommodate my self with Lodging and such other necessaries as might both encourage and enable me to perform those services which were required at my hands A Chamber in the Colledge being vacant within few months after by the absence of one of the Fellows and the death of the other I gained the free consent of the absent party Master Hobs by name in whom the sole right of it then remained to make use of it for my self and my little company Five moneths I quietly enjoyed it without interruption But coming from the Court on Alhallow-day I found some Souldiers in the Room who told me that they came to take possession of it for Master D. who had succeeded in the Rights of the man deceased and that they meant to keep it for him until further order This carried me back unto the Court where I acquainted Master Secretary with the indignity and affront which was put upon me desiring him either to defend me from contempt and scorn or that he would get me a discharge from that employment which had lain so long and heavy on me By his advice a short Petition was drawn up to this Sacred Majesty briefly containing the particulars before laid down and humbly praying in the close that he would graciously be pleased to extend unto me such a measure of his power and favour in the case before him as might preserve me in a fit capacity to proceed in those services which otherwise I could not be able to perform as I had done formerly His Majesty thereupon gave order to the now Lord Bishop of Lichfield being then President of the Colledge to fee me resetled for the present and to Sir Arthur Aston who was then Governour of the Town to take some strict course with his Souldiers for not giving me the like disturbance for the time to come which was the least I could expect from his
Majesties goodness And here I thought my troubles had been at an end But so it happened that the Lord Marquess of Hertford was at the same time chosen Chancellor of the University and some of his Servants must be dealt with to espouse the quarrel By whose solicitation I was required to attend his Lordship within few days after and I went accordingly But when I came and that his Lordship saw how far his Majesty had already appeared in the business he could not but perceive wital how unfit it was for him to take any cognizance of that cause which by his Majesty had been heard and predetermined He thereupon presently declined the business seemed much offended at the trouble which was given me in it and having dismist the rest of the company retained me with him for some time held some discourse with me about the quality and estate of the Kings affairs and finally called for Ale and Wine for my entertainment But notwithstanding those indignities which were put upon me on the one side and those many advantages which I had on the other I carried my self fairly all along to my troublesome Landlord gave him a civil treatment in the Christmas Holidays presented him with no inconsiderable New-years gift as the times then were and promised him that as soon as otherwise I could provide my self of convenient Lodging I would give him the contentment he so much desired Nor was it long before I did make good that promise Since which time all fair offices and friendly correspondences have past between us there being nothing I thank God which I can more easily forget than the sense of Injuries Hie status haec Rerum suerat fortuna mearum Such was the state of these affairs And such the issue of my cares And thus good Reader thou hast seen those horrible prophanations slanders and ingratitudes for which I stand arraigned in that scurrilous Libel for by that name I shall take leave to call that Pamphlet which for the Ribauldry thereof was stopt by the Vice-Chancellor at the Press in Oxon and being at last brought forth in the dark at London is neither justified by the name of the Author nor otherwise offered unto sale than by an underhand promoting of it amongst those of that Faction But there is still a race of men as anciently there was in Saint Hieroms time qui aliorum tituperatione laudabile se videri cupiunt which hope to get themselves a name by defaming others And for my part I am content they should enjoy the ignominy of that Peccant humour which is so proper to the Text without other censure than that which Michael the Arch-Angel passed upon the Devil when he contended with him for the body of Moses of whom it is written by Saint Jude that he durst not bring a railing accusation against that Accuser of the Brethren but left him to the judgment of Almighty God with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Lord rebuke thee I have but one thing more to add and that relates to the Integrity of Doctor Barloe who stands defamed by the Libeller and his alter idem for using some unjust dealing towards Doctor Reynolds Doctor Sparks c. in his relation of the conference at Hampton Court For proof whereof one Master Sparks affirmed to be a man of enâ—â—ent Learning must be disquieted at his death if not rather raised up from the dead to declare his knowledge who signified by his friend I. M. what he once heard from H.G. an aged Minister concerning Doctor Barloe's sorrow at his death-bed for the wrong he had done to Doctor Reynolds and the rest in relating that conference with H. I. is reported to have added further that being at a Table with Master Sparks the Son of Doctor Sparks he found him very sensible of the abuse of which he could not speak without great indignation which had been put upon his Father and Doctor Reynolds by the said Relator But first the man himself is dead from whom we are to take our greatest light in so dark a business And who can tell but that this whole narration may be one of those pious frauds devised by the Pamphleter or his Alter Idem nec enim nuno fallere primum Incipit a nobis for imposing as well upon the dead as upon the living Secondly the principal witness being dead the credit of the figment resteth on two common vouchers that is to say I. M. and H. I. as easie to be found and as honest folk as Nicolas Nemo in Vtopia or Madam Charity of the Oudemeon street in Mantinea or Doctor H. H. in the Margin of the Libel which is now before us Thirdly it must needs seem exceeding strange to a sober Reader that this great truth should lie concealed like a spark raked up in ashes five and fifty years and then blaze out upon a sudden when it was not thought of And fourthly I had once the happiness to be exceeding well acquainted with Master Thomas Sparks of Candover in the County of South-hampton and Master William Sparks of Bleckly in the County of Buckingham sometime Divinity-reader in Magdalen Colledge the only Sons of Doctor Sparks before remembred and having had many opportunities of discoursing with them about that conference and their Fathers acting in the same I never heard the least word from either of them of any wrong done or supposed to be done by Doctor Barlow in drawing up the substance and abridgment of it so that I doubt not but it will appear on the full debate that Doctor Barlow is more wronged in his same by these Libellers Pamphlets than ever Doctor Reynolds had been injured by that Learned Prelate I have now done with these polemical discourses and shall not easily ingage in a new adventure unless invincible necessity or some unsufferable provocation shall inforce me to it In which case only it is possible that I may be tempted to the resuming of those arms which otherwise I would willingly hang up in the Temple of Concerd that I may spend the whole remainder of my time in more peaceful studies I have already done my part in vindicating the Doctrine Government and Forms of Worship established in the Church of England And it is time to leave the Stage to more able Actors To whom I recommend the care of that weighty business not doubting but that my endeavours in the Churches service will find acceptance with all equal and indifferent men And for the rest who are so far ingaged in the adverse party that possibly they may hate to be reformed in the Psalmists language I neither fear their censures nor court their favours but leave them to enjoy the happiness of these open times in quibus non modo libertas sed etiam loquendi libido impunita est as my Author hath it And thus good Reader I bid thee once again farewel in the Lord to whose unspeakable mercies in Christ Jesus thou art most heartily recommended by
populares magistratus ad moderandum Regum libidinem constituti quales olim erant qui Lacedaemoniis Regibus oppositi erant Ephori aut Romanis Consulibus Tribuni Plebis aut Atheniensium Senatui Demarchi qua etiam foric potestate ut nune res habent funguntur in singulis Regnis tres Ordâ—nes quunt primarios conventus peragunt adeo illos ferocienti Reguin licentiae pro officio intercedere non veto ut si Regibus impotenter grassanttbus humili plebeculae insultantibus conniveant eorum dissimulationem nefariâ perfidiâ non carere affirmem quia populi libertatem cujus se Dei Ordinatione tutores positos norunt fraudulenter produnt But still I must be understood of private persons For if there be now any Popular Officers ordained to moderate the licentiousness of Kings such as the Ephori of old set up against the Kings of Sparta the Tribunes of the people against the Roman Consuls and the Demarchi against the Athenian Senate and with which power perhaps as the World now goes the three Estates are furnished in each several Kingdom when they are solenmly assembled sofar am I from hindering them from putting a restraint on the exorbitant power of Kings as their Office binds them that I conceive them guilty rather of a persidious dissimulation if they connive at Kings when they play the Tyrants or wantonly insult on the common people in that they treacherously betray the Subjects Liberty of which they know they were made Guardians by Gods own Ordinance and appointment But this must always be excepted in the obedience which we have determined to be que to the commands of our Governors and first of all to be observed that it draw us not from that obedience which is due to him to whose will all the commands of Kings must be subordinate to whose decrees their strongest mandates must give place and before whose Majesty they are bound to lay down their Scepters For how preposterous were it to incur his anger by our compliance with those men whom we are bound no otherwise to obey than for his sake only The Lord is King of Kings who when he speaks is to be heard for all and above them all We must be subject to those men who have rule over us but in him alone If against him they do command us any thing it is to be of none account Nor in such cases is the dignity of the Magistrate to be stood upon to which no injury is done if in regard of the more eminent and supream power of God it be restrained within its bounds Dan. 6.22 In this respect Daniel denied that he had trespassed any thing against the King in not obeying his prophane and ungodly Edict because the King had gone beyond his proper limits and being not only injurious against men but lifting up his horns against God himself had first deprived himself of all Authority The Israelites are condemned on the other side for being so ready to obey their King in a wicked action when to ingratiate themselves with Jeroboam who had newly made the Golden Calves they left the Temple of the Lord and betook themselves to a new superstitious worship And when their Children and posterity with the like facility applied themselves unto the humours of their wicked Kings the Prophet doth severely rebuke them for it So little praise doth that pretence of modeâ—ly deserve to have with which some Court parasites do disguise themselves and abuse the simple affirming it to be a crime not to yield obedience to any thing that Kings command as if God either had resigned all his rights and interess into the hands of mortal men when he made them Rulers over others or that the greatest earthly power were a jot diminished by being subjected to its Author before whom all the powers of Heaven do trembling supplicate I know that great and imminent danger may befall those men who dare give entertainment to so brave a constancy considering with what indignation Kings do take the matter when they once see themselves neglected whose indignation is as the messenger of death saith the Wise man Solomon But when we hear this Proclamation made by the heavenly Cryer that we ought to obey God rather than men let this consideration be a comfort to us Acts 5.29 that when we yield that obedience unto God which he looks for from us when we rather choose to suffer any thing than to deviate from the way of godliness And lest our hearts should fail us in so great a business St. Paul subjoyns another motive 2 Cor. 7 2â— that being bought by Christ at so great a price we should not re-inthral our selves to the lusts of men much less addict our selves to the works of wickedness These are the very words of Calvin from which his followers and Disciples most extreamly differ both in their doctrine and their practice First for their practice Calvin requires that we should reverence and respect the Magistrate for his Office sake and that we entertain no other than a fair esteem an honourable opinion both of their actions Sect. 2â— and their Counsels His followers like silthy dreamers as they are do not only dispise dominion but speak evil of dignities that is to say Jude 8. they neither reverence the persons of their Supream Magistrate nor regard their Office and are so far from cherishing a good opinion of those higher powers to which the Lord hath made them subject that their hearts imagine mischief against them all the day long and though they see no cause to condemn their actions they will be sure enough to misconstrue the end Calvin requires that we should manifest the reverence and respect we bear them by the outward actions of obedience Sect. 23. and to the end that this obedience should proceed from the very heart and not to be counterfeit and false he adds that we commend there health and flourishing estate in our prayers to God Ibid. His followers study nothing more than to disobey them in every one of those particulars which their Master speaks of refusing to obey their laws and to pay them tribute and to undergo such services and burdens as are laid upon them in reference to the publick safety and spare not as occasion serves to manifest the disaffection of their hearts by such outward acts as disâ—bedience and disloyalty can suggest unto them and are so far from praying for them that many times they pray against them blaspheming God because he will not curse the King and making that which they call Prayer so dangerous and lewd a Libel that their very prayers are turned to sin Calvin requires such moderation in the Subject that they neither intermeddle in affairs of State nor invade the Office of the Magistrate and that if any thing be amiss in the publick Government which stands in need of Reformation they presume not to put their hands unto the work
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
no appeal but only to the whole body of that Court the King Case of our Assairs p. 7 8. and both the Houses the Head and Members But this they do not as the upper House of Parliament but as the distinct Court of the Kings Barons of Parliament of a particular and ministerial jurisdiction to some intents and purposes and to some alone which though it doth invest them with a power of judicature confers not any thing upon them which belongs to Sovereignty Then for the Commons all which the Writ doth call them to is facere consentire to do and consent unto such things which are ordained by the Lords and Common Council of the Kingdom of England and sure conformity and consent which is all the Writ requireth from them are no marks of Sovereignty nor can an Argument be drawn from thence by the subtlest Sophister to shew that they are called to be partakers of the Sovereign power or that the King intends to denude himself of any branch or leaf thereof to hide their nakedness And being met together in a body collective they are so far from having any share in Sovereignty that they cannot properly be called a Court of Judicature as neither having any power to minister an Oath Id. p. 9. or to imprison any body except it be some of their own Members if they see occasion which are things incident to all Courts of Justice and to every Steward of a Leet insomuch that the House of Commons is compared by some and not incongruously unto the Grand Inquest at a general Sessions whose principal work it is to receive Bills and prepare businesses Review of the Observat p. 22. and make them fit and ready for my Lords the Judges Nay so far were they heretofore from the thoughts of Sovereignty that they were lyable to sutes and punishments for things done in Parliament though only to the prejudice of a private Subject until King Henry VIII most graciously passed a Law for their indemnity For whereas Richard Strode one of the company of Tinners in the County of Cornwall being a Member of the Commons House had spoken somewhat to the prejudice of that Society and contrary to the Ordinances of the Stanneries at his return into the Country he was Arrested Fined Imprisoned Complaint whereof being made in Parliament the King passed a Law to this effect viz. That all suites condemnations 4 Hen. 8. c. 8. executions charges and impositions put or hereafter to be put upon Richard Strode and every of his Complices that be of this Parliament or any other hereafter for any Bill speaking or reasoning of any thing concerning the Parliament to be communed and treated of shall be void and null But neither any reparation was allowed to Strode nor any punishment inflicted upon those that sued him for ought appears upon Record And for the Houses joyned together which is the last capacity they can claim it in they are so far from having the supream Authority that as it is observed by a learned Gentleman they cannot so unite or conjoyn as to be an entire Court either of Sovereign or Ministerial jurisdiction no otherwise co-operating than by concurrence of Votes in their several Houses for preparing matters in order to an Act of Parliament Case of our Affairs p. 9. Which when they have done they are so far from having any legal Authority in the State as that in Law there is no stile nor form of their joynt Acts nor doth the Law so much as take notice of them until they have the Royal Assent So that considering that the two Houses alone do no way make an entire Body or Court and that there is no known stile nor form of any Law or Edict by the Votes of the two Houses only nor any notice taken of them by the Law it is apparent that there is no Sovereignty in their two Votes alone How far the practice of the Lords and Commons which remain'd at Westminster after so many of both Houses had repaired to the King c. may create Precedents unto Posterity I am not able to determine but sure I am they have no Precedent to shew from the former Ages But let us go a little further and suppose for granted that the Houses either joynt or separate be capable of the Sovereignty were it given unto them I would fain know whether they claim it from the King or the People only Not from the King for he confers upon them no further power than to debate and treat of his great Affairs to have access unto his person freedom of speech as long as they contain themselves within the bounds of Loyalty authority over their own Members Hakewell of passing Bills in Parliament which being customarily desired and of course obtained as it relates unto the Commons shews plainly that these vulgar priviledges are nothing more the rights of Parliament than the favours of Princes but yet such favours as impart not the least power of Sovereignty Nor doth the calling of a Parliament ex opere operato as you know who phrase it either denude the King of the poorest robe of all his Royalty or confer the same upon the Houses or on either of them whether the King intend so by his call or otherwise For Bodin whom Mr. Prynn hath honoured with the title of a grand Politician Prynn of Parliament par 2. p. 45. Bodin de Repub doth affirm expresly Principis majestatem nec Comitorum convocatione nec Senatus populique praesentia minui that the Majesty or Sovereignty of the King is not a jot diminished either by the calling of a Parliament or Conventus Ordinum or by the frequency and presence of his Lords and Commons Nay to say truth the Majesty of Sovereign Princes is never so transcendent and conspicuous as when they sit in Parliament with their States about them the King then standing in his highest Estate as was once said by Henry VIII who knew as well as any of the Kings of England how to keep up the Majesty of the Crown Imperial Nor can they claim it from the People who have none to give for nemo dat quod non habet as the saying is The King as hath been proved before doth hold his Royal Crown immediately from God himself not from the contract of the People He writes not populi clementia but Dei gratia not by the favour of the People but by the grace of God The consent and approbation of the People used and not used before the day of Coronation is reckoned only as a part of the solemn pomps which are then accustomably used The King is actually King to all intents and purposes in the Law whatever immediatly on the death of his Predecessor Nor ever was it otherwise objected in the Realm of England till Clark and Watson pleaded it at their Arraignment in the first year of King James Speeds History in K James Or grant
way of a Petition to the Kings most excellent Majesty in which the Lords and Commons do most humbly pray as their Rights and Liberties that no such things as they complained of might be done hereafter that his Majesty would vouchsafe to declare that the Awards doings and proceedings to the prejudice of his people in any of the premises shall not be drawn hereafter into consequence or example and that he would be pleased to declare his Royal pleasure that in the point aforesaid all his Offieers and Ministers should serve him according to the Laws and Statutes of this Realm To which although the King returned a fair general Answer assuring them that his Subjects should have no cause for the time to come to complain of any wrong or oppressions contrary to their just Rights and Liberties yet this gave little fatisfaction till he came in person and causing the Petition to be distinctly read by the Clerk of the Crown Ibid. returned his Answer in these words Soit droit fait come est desire that is to say let right be done as is desired Which being the very formal words by which the said Petition and every clause and Article therein contained became to be a Law and to have the force of an Act of Parliament and being there is nothing spoken of the concurrent Authority of the Lords and Commons for the enacting of the same may serve instead of many Arguments for the proof of this that the Legislative power as we phrase it now is wholly and solely in the King although restrained in the exercise and use thereof by constant custom Smith de Rep. Angl. unto the counsel and consent of the Lords and Commons Le Roy veult or the King will have it so is the imperative phrase by which the Propositions of the Lords and Commons are made Acts of Parliament And let the Lords and Commons agitate and propound what Laws they please for their ease and benefit as generally all Laws and Statutes are more for the ease and benefit of the Subject than the advantage of the King yet as well now as formerly in the times of the Roman Emperors Quod Principi placuerit legis habet vigorem nothing but that which the King pleaseth to allow of is to pass for Law the Laws not taking their coercive force as judicious Hooker well observeth from the quality of such as devise them but from the Power which giveth them the strength of Laws Pooker Ecclesiast Pol. I shut up this Discourse with this expression and comparison of a late Learned Gentleman viz That as in a Copyhold Estate the Copyholder of a meer Tenant at will comes by custom to gain an Inheritance and so to limit and restrain the will and power of the Lord that he cannot make any determination of the Copyholders Estate otherwise than according to the custom of the Mannour and yet doth not deprive the Lord of his Lordship in the Copyhold nor participate with him in it neither yet devest the Fee and Franktenement out of the Lord Case of our Affairs p. 6. but that they still remain in him and are ever parcel of his Demesn so in the restraining of the Kings Legislative power to the concurrence of the Peers and Commons though the custom of the Kingdom hath so fixed and setled the restraint as that the King cannot in that point use his Sovereign power without the concurrence of the Peers and Commons according to the custom of the Kingdom yet still the Sovereignty and with it the inseparable Legislative power doth reside solely in the King If any hereupon demand to what end serve Parliaments and what benefit can redound to the Subject by them I say in the Apostles words much every way Rom. 3.2 Many vexations oftentimes do befall the Subjects without the knowledg of the King and against his will to which his Ears are open in a time of Parliament The King at other times useth the Eyes and Ears of such as have place about him who may perhaps be guilty of the wrongs which are done the people but in a Parliament he seeth with his own Eyes and heareth with his own Ears and so is in a better way to redress the mischief than he could be otherwise Nor do the people by the opportunity of these Parliamentary meetings obtain upon their Prayers and Petitions a redress of grievances only but many times the King is overcome by their importunity to abate so much of his Power to grant such points and pass such Laws and Statutes for their ease and benefit as otherwise he would not yield to For certainly it is as true in making our approaches and Petitions to our Lord the King as in the pouring out of our Prayers and supplications to the Lord our God the more multitudinous and united the Petitioners are the more like to speed And therefore said Bodinus truly Principem plaeraque universis concedere quae singulis denegarentur Bodin de Rep. l. 1. c. 8. that Kings do many times grant those favours to the whole body of their people which would be absolutely denied or not so readily yielded to particular persons There are moreover many things of greater concernment besides the abrogating of old Laws and making new which having been formerly recommended by the Kings of England to the care and counsel of their people convened in Parliament are not now regularly dispatched but in such Conventions as are altering the Tenure of Lands confirming the Rights Titles and possessions of private men naturalizing Aliens legitimating Bastards adding sometimes the secular Authority to such points of Doctrine and Forms of Worship as the Clergy have agreed upon in their Convocations if it be required changing the publick weights and measures throughout the Kingdom defining of such doubtful cases as are not easily resolved in the Courts of Law raising of Subsidies and Taxes attainting such as either are too potent to be caught or too hard to be found and so not triable in the ordinary Courts of Justice restoring to their Bloud and Honours such or the Heirs of such as have been formerly attainted granting of free and general Pardons with divers others of this nature In all and each of these the Lords and Commons do co-operate to the publick good Sir Tho. Smith de Rep. Angl. Cambden in Brit. Crompt of Courts c. in the way of means and preparation but their co operation would be lost and fruitless did not the King by his Concomitant or subsequent grace produce their good intentions into perfect Acts and being Acts either of special Grace and Favour or else of ordinary Right and Justice no way derogatory to the Prerogative Royal are usually confirmed by the Royal assent without stop or hesitancy But then some other things there are of great importance and advantage to the Common-wealth in which the Houses usually do proceed even to final sentence the Commons in the way of
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
'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
and that the way being thus laid open it was no hard matter to make the Bishop of Carlisle obnoxious to that kind of Trial which being forsaken on all sides as the times then were he was not able to avoid Which might be also the condition of Arch-bishop Cranmer and as for Fisher Bishop of Rochester he was to deal with an impetuous and violent Prince who was resolved to put the greater disgrace upon him because he had received some greater Honours from the Pope than the condition of Affairs might be thought to bear But against all these violations of their Rights of Peerage it may be said in their behalves for the times to come that by the Statute of the 25th of King Edward the 3d which serves to this day for the standing Rule in Cases of Treason it is required that the Malefactor or the suspected person must be attainted by such men as are of his own Condition and therefore Bishops to be tryed by none but the Peers of the Land unless it be in open opposit on to this Rule of King Edward and in defiance to the fundamental Law in the Magna Charta where it is said that no man is to be Disseised of his Freehold exiled or any ways destroyed nisi per Judicium parium suorum Or per Legem Terrae but by the Judgment of his Peers and by the Law of the Land and I can find no Law of the Land which tells me that a Bishop shall be tryed by a Common Jury Finally if it be a sufficient Argument that Bishops ought not to be reckoned as Peers of the Realm because they may be tryed by a Common Jury then also at some times and in certain Cases the Temporal Lords Dukes Marquesses Earls c. must not pass for Peers because in all Appeals of Murder they are to be tryed by Common Jurors like the rest of the Subjects But secondly it is objected That since a Bishop cannot sit in Judgment on the death of a Peer nor be so much as present at the time of his Trial they are but half-Peers as it were not Peers to all intents and purposes as the others are But this incapacity is not laid upon them by the Laws of the Land or any Limitation of their powers in their Writ of Summons or any thing inhering to the Episcopal Function but only by some ancient Canons and more particularly by the fourth Canon of Toledo which whether they be now of force or not may be somewhat questioned Secondly whensoever they withdrew themselves they did it with a salvo Jure paritatis as before is shewn To which intent they did not only cause their Protestations to be filed on Record Coke Institut part 4. fol. 23. but for the most part made a Proxy to some Temporal Lords to Act in their behalf and preserve their right which though they did not in the Case we had before us yet afterwards in the 21st of King Richard the 2d and from that time forwards when they found Parliamentary Impeachments to become more frequent they observed it constantly as it continues to this day Nor were they hindred by those Canons whatsoever they were from being present at the depositions of Witnesses or taking such preparatory examinations as concern the Trial in which they might be able to direct the Court by the Rules of Conscience though they withdrew themselves at the time of the sentence That was a Trick imposed upon the Bishops by the late long Parliament when they excluded them from being members of the Committee which was appointed for taking the examinations in the business of the Earl of Strafford And this they did not in relation to those ancient Canons but upon design for fear they might discover some of those secret practices which were to be hatched and contrived against him Against which Preparations for a final Trial or taking the Examinations or hearing of depositions of Witnesses or giving counsel in such cases as they saw occasion the Council of Toledo saith not any thing which can be honestly interpreted to their disadvantage So that the Bishops Claim stands good to their right of Peerage any thing in those ancient Canons or the unjust practices of the late Long Parliament to the contrary notwithstanding To draw the business to an end what one thing is required unto the constituting of a Peer of England which is not to be found in an English Bishop if Tenure and Estate they hold their Lands per integram Baroniam as the old Lords did if Voice in Parliament they have their several Writs of Summons as the Lay-Lords have if we desire Antiquity to make good their Interesse most of them have sat longer there in their Predecessors than any of our Temporal Lords in their noblest Ancestors if point of Priviledg they have the same in all respects as the others have except it be in one particular neither clearly stated nor universally enjoyed by those who pretend most to it if Letters Patents from the King to confirm these Honours they have his Majesties Writ of Conge d'eslire his Royal Assent to the Election his Mandate under the Great Seal for their Consecration If therefore we allow the Bishops to be Lords of Parliament we must allow them also to be Peers of the Realm There being nothing which distinguisheth a Peer from from a common Person but his Voice in Parliament which was the matter to be proved A TABLE OF THE CONTENTS The Way of the Reformation of the Church of England declared and justified SECT I. I. THE Introduction shewing the Occasion Method and Design of the whole Discourse Page 1 I. Of Calling or Assembling the Convocation of the Clergy and the Authority thereof when convened together Page 2 II. Of the Ejection of the Pope and vesting the Supremacy in the Regal Crown Page 5 III. Of the Translation of the Scriptures and permitting them to be read in the English Tongue Page 7 IV. Of the Reformation of Religion in the points of Doctrine Page 10 V. Of the Reformation of the Church of England in the Forms of Worship and the times appointed thereunto Page 14 VI. Of the power of making Canons for the well ordering of the Clergy and the directing of the people in the publick duties of Religion Page 18 VII An Answer to the main Objections of either Party Page 20 SECT II. I. That the Church of England did not innovate in the Ejection of the Pope and setling the Supremacy in the Regal Crown Page 23 II. That the Church of England might proceed to a Reformation without the approbation of the Pope or the Church of Rome Page 26 III. That the Church of England might lawfully proceed to a Reformation without the help of a General Council or calling in the aid of the Protestant Churches Page 30 IV. That the Church did not innovate in Translating the Scriptures and the publick Liturgy into vulgar Tongues and of the Consequents thereof to the
the Lord Commissioners the Right of Sitting there 1. The Prebends Original Right 2. Their Derivative Right and lastly their Possessory Right Upon hearing the proofs on both sides it was ordered by general consent of the Lord Commissioners That the Prebends should be restored to their old Seat and that none should sit there with them but Lords of the Parliament and Earls eldest Sons according to the ancient custom After this there was no Bishop of Lincoln to be seen at any Morning-Prayer and seldom at Evening At this time came out the Doctor 's History of the Sabbath the Argumentative or Scholastick part of which subject was referred to White Bishop of Eli the Historical part to the Doctor And no sooner had the Doctor perfected his Book of the Sabbath but the Dean of Peterborough engages him to answer the Bishop of Lincoln's Letter to the Vicar of Grantham He received it upon good Friday and by the Thursday following discovered the sophistry mistakes and falshoods of it It was approved by the King and by him given to the Bishop of London to be Licens'd and Publish'd under the title of a Coal from the Altar In less than a twelve-month the Bishop of Lincoln writ an Answer to it Entituled The Holy Table Name and Thing but pretended that it was writ long ago by a Minister in Lincolnshire against Dr. Cole a Divine in the days of Queen Mary Dr. Heylyn receiv'd a Message from the King to return a reply to it and not in the least to spare him And he did it in the space of seven weeks presenting it ready Printed to his Majesty and called it Antidotum Lincolniense But before this he answered Mr. Burtons Seditious Sermon being thereunto also appointed by the King In July 1637. the Bishop of Lincoln was censured in the Star-Chamber for tampering with Witnesses in the Kings Cause suspended à Beneficio officio and sent to the Tower where he continued three years and did not in all that space of time hear either Sermon or publick Prayers The College of Westminster about this time presented the Doctor to the Parsonage of Islip now void by the death of Dr. King By reason of its great distance from Alresford the Doctor exchanged it for South-warnborough that was more near and convenient At which time recovering from an ill fit of Sickness he studiously set on writing the History of the Church of England since the Reformation in order to which he obtained the freedom of Sir Robert Cottons Library and by Arch-bishop Laud's commendation had liberty granted him to carry home some of the Books leaving 200 l. as a Pawn behind him The Commotions in Scotland now began and the Arch Bishop of Canterbury intending to set out an Apology for vindicating the Liturgy which he had commended to that Kirk desired the Doctor to translate the Scottish Liturgy into Latin that being Published with the Apology all the World might be satisfied in his Majesties piety as well as the Arch-Bishops care as also that the perverse and rebellious temper of the Scots might be apparent to all who would raise such troubles upon the Recommendation of a book that was so Venerable and Orthodox Dr. Heylyn undertook and went through with it but the distemper and trouble of those times put a period to the undertaking and the Book went no farther than the hands of that Learned Martyr In Feb. 1639. the Doctor was put into Commission of Peace for the County of Hampshire residing then upon this Living into which place he was no sooner admitted but he occasioned the discovery of a horrid Murther that had been committed many years before in that Countrey In the April following he was chosen Clerk of the Convocation for the College of Westminster at which time the Arch-Bishop of Canterbury sending a Canon to them for suppressing the farther growth of Popery and reducing Papists to the Church our Doctor moved his Grace that the Canon might be enlarged for the Peoples farther satisfaction as well as the Churches benefit what was done therein and many other notable things by that Convocation may be seen at large in the History of the Arch-Bishops Life Friday being May the 29th the Canons were formally subscribed unto by the Bishops and Clergy no one dissenting except the Bishop of Glocester who afterward turn'd Papist and died in the Communion of the Romish Church and was all that time of his Life in which he revolted from the Church of England a very great Servant of Oliver Cromwel unto whom he dedicated some of his Books But for his Contumacy in refusing to subscribe the Articles he was voted worthy of Suspension in the Convocation and was actually Suspended by the Arch-Bishop of Canterbury which being done the Convocation was ended In Novemb. 3. A.D. 1640. began the Session of the long Parliament At the opening of which a general Rumor was spread abroad that Dr. Heylyn was run away for fear of an approaching storm that was like to fall upon his head as well as on his Grace the Arch-Bishop of Cauterbury but he who was ever of an undaunted spirit would not pusillanimously desert the Cause of the King and Church then in question but speedily hastned up to London from Alresford to confute the common calumny and false report raised on him by the Puritan faction that he appeared the next day in his Gown and Tippet at Westminster-Hall and in the Church with the accustomed formalities of his Cap Hood and Surplice employed then his Pen boldly in defence of the Bishops Rights when the Lords began to shake the Hierarchy in passing a Vote That no Bishop should be of the Committe for Examination of the Earl of Strafford being Causa sanguinis upon which the Doctor drew up a brief and excellent Discourse entituled De jure paritatis Episcopum wherein he asserted all the Bishops Rights of Peerage and principally of this as well as the rest That they ought to sit in that Committee with other Priviledges and Rights maintained by him which either by Law or ancient custom did belong unto them A rare Commendation at this juncture of time for which the Doctor is to be admired that he could command his Parts and Pen of a sudden to write on this subject or any other if there was need that did conduce to the publick good and above all make a quick dispatch in accomplishing what he had once undertaken and begun But for those quick dispatches the Doctor afterward endured many tedious waitings at the backs of Committe-men in that Parliament especially in the business of Mr. Pryn about his Histriomastix for which he was kept four days under examination because he had furnished the Lords of the Privy Council with matters out of that Book which Mr. Pryn alledged was the cause of all his sufferings Great hopes had the Committee by his often dancing attendance after them to sift the Doctor if they could gather any thing by his speeches
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