they have had Men of that order not onely notable Martyrs but most excellent Pastors and Doctors let them injoy that singular Blessing which I pray God may be perpetuall to them And elswhere speaking of humane Episcopacy as he is pleased to call it he addes Quo sane fruantur c. Which let them injoy who perswade themselves that the right use of it may be observed by them And again Absit ut hunâ—… ordinem c. Farre be it from me to reprehend this Order as rashly or proudly erected though it be not a Divine or meerely Apostolicall Constitution whereof rather no man can deny that there may be great use as long as good and holy Bishops are over the Church Let them injoy it therefore that will and can This poterint and can was well put in it was not the unlawfulnesse of the order but the inconsistency with the present State of Genevah which excluded it thence And having spoken of the Apostolicall Canon and the Superiority of the Arch-Bishop above his Fellow Bishops he concludes quid aliud hic statuitur c. What else is here decreed but that order which we desire to be restored in all Churches It appeares then plainly by the confessions of Protestant Churches by the Testimonyes of the most learned Divines yea even of those that lived under another Government that if Bishops be not necessary yet at the least they are lawfull It appeares that three parts of fower of the Protestant Churches have either Bishops or Superintendents which is all one and that those Churches which have neither yet they have some principall Men Primarios which have as much power as Bishops viis modis But if we should be contented to leave three parts of Protestants to joyn with the the fourth shall we find them unanimous in this No such thing The Helvetian and other Churches ascribe the Government of the Church to the Magistrate and allow no Lay-Elders But Genevah and her Daughters to their Pre byteries yet neither the Mother is like the Daughters nor the Daughters very like one another as hath been shewed in part before in this Treatise and the Independents are for neither of these wayes And all learned men doe acknowledge our English Episcopacy to be lawfull yea even the present President and Pastors of Genevah do the same So if we desire consent either of Protestants in particular or of Christians in generall yea of the whole Catholicke Symbolicall Church it is best for us to keepe us where we are My tenth and last Consideration riseth higher That according to their grounds who have been the greatest Oppugners of Episcopacy the Government of our English Bishops is not onely lawfull but for the most part necessary nor onely necessary but even an Apostolicall and Divine Institution This seeming Paradox is yet most certain and their opposition hath been but beating the aire For the clearer manifestation whereof we must know First that the greatest impugners of Episcopacy do not seek to bring such a Parity into the Church but that by the Ordinance of God and Dictate of Nature one Presbyter ought to be President above the rest Ex Dei ordinatione perpetua necesse fuit est â—…rit ut in Presbyterio quispiam loco dignitate primus actioni gubernandae praesit cum eo quod ipsi Divinitus attributum est 〈◊〉 〈◊〉 was it is it ever shall be necessary by the perpâ—…uall Ordinance of God that some one in the Presbytery as chief both in place and Dignity be set over the Action to govern it He saith that even then whilest the appellation of Bishops and Presbyters was common yet the Presbytery had suum aliquem primum proestâ—… Presbyterum Some one to be their ruling or Presidentiall Presbyter He saith Saint Ierome did not so dote as to dream that no one of the Presbytery was set over the whole company in the Apostolique times and takes it as a great injury that any Man should thinke that they did goe about to abolish omnem unius Episcopen in vel supra caeteros compresbyteros All Superspection or Superintendency of one above his Compresbyters To the same purpose saith Calvine it is no mervaile that the twelve Apostles had one among them to govern the rest this we have from Nature the disposition of Men requires it that in every Company though they be equall in power yet one should be as Moderator Secondly they teach notwithstanding their drowsie groundlesse new-hatched conceit that this Presidency went successively by turnes among the Presbyters that either in the dayes of the Apostles or immediately from them this Episcope or office of Superintendency became Elective and perpetuall to â—…e man Quod certe reprehendi nec potest nec debet which certainly neither can nor ought to be blamed especially seeing this ancient Custome was observed in the famouâ—… Church of Alexandria I am inde a Marco Evangelistâ—… Even from Saint Mark the Evangelist So as the Office is of Divine Institution the forme of Application onely is Humane yet not meerly humane neither Humanum non simpliciter tamen sed comparate â—…lla cum Patrum tot Ecclesiarum injuria appellavero I may caell it humane not simply but comparatively without injury to the Fathers or so many Churches Indeed all the Churches in the World and all the Fathers that ever were Thirdly This Presidency of Order which they give to one man even upon their own grounds is not destitute of all kind of Command and power He hath jus regendae communis actionis a right to moderate the Action of the College or to govern the common Action and that cert is lâ—…gibus according to certain Laws First a right to moderate the Action that is to 〈◊〉 the Presbyters to appoint the time and place to propose matters to collect the Suffrages either by himselfe or by such as he appoints to pronounce Sentence Secondly certis legibus according to certain Laws this brings us to the true question where the water sticks The Law of God and the lawfull Constitutions of the Church must be the just measure and limits of this Presidents commands of his Compresbyters obedience So that Tyrannicall absolute Arbitrary power which is usurped by the Bishop of Rome and his Instruments is rejected by all Partyes on the one side and all Anarchy Ataxy and Disorder on the other side yet this is not all Fourthly this President hath another power by Divine Right or at least by Divine Right is capable of another power that is not onely to moderate the whole Action by his Authority but also to execute that which is decreed by common consent Neither can this executive Power in reason be limited to the meer execution of Personall Decrees concerning particular Persons but every where it extends it selfe to preparatory Actions and matters of Forme Neither doth it rest here but admits or at least
reward of a Lyar not to be trusted in other matters And first for Doctor Whitakers Bellarmine objects against the Protestants that they take away Bishops He answers Neqâ—… 〈◊〉 totâ—…m Episcopoâ—… orâ—… 〈◊〉 â—…t ille falso â—…lumniatur sed Pseudâ—… Episcopâ—… tantum Pontificios We doe not condemne all the order of Bishops as he that is Bellarmine we may say the Prefacer falsly slanders us but onely 〈◊〉 falsâ—… Bishops of the Church of Rome And about the same place speaking of that ancient constitution that three Bishopâ—… should be present at the Ordination of a Bishop he affirmes that it was a good and a godly sanction and fit for those good times Doctor Fulke expresseth himselfe home That among the Clergy for order and seemely Government there was alwayes one Principall to whom the name of Bishop or Superintendent hath been applyed by long use of the Church which roome Titus exercised in Crete Timothy in Ephesuâ—… others in other places That though a Bishop and â—…n Elâ—…r is of one Order and Authority in preaching the Word and administring the Sacraments yet in Government by ancient use of Speech he is onely called a Bishop who in Scripture is called proestaâ—…enos proestâ—…s â—…egoumenos Rom. 12. 8. 1 Tim. 5. 7. Heb. 13. 17. that is the chiefe in Government to whom the Ordination or Consecration by imposition of Hands was alwayes principally committed So according to Doctor Fulke the name is from Man but the Office from God I I beseech thee Reader view the three places cited by him at leisure and thou shalt see who are the Rulers â—…nd Governours and Ruling Elders mentioned in Hoâ—…y Scripâ—…ures in the judgement of Doctor Fulke Lastly Doctor Reynolds is of the same minde That the Elders ordeined by the Apostles did choose one among them to be President of their Company and Moderator of their actions as of the Church of Ephesus though it had sundry Elders and Pastors to guide it yet among these sundry was there one chief whom our Saviour calleth the Angell of the Church c. And this is he whom afterwards in the Primitive Church the Fathers called Bishop c. So that by Doctor Reynolds though not for the name yet for the thing Episcopacy was in the Church even when Saint Iohn writ the Revelation and was approved by our blessed Saviour from Heaven Fifthly In a difference of Wayes every pious and peaceable Christian out of his discretion and care of his own salvation will inquire which is via tutissima the safest way Now the Separatists themselves such as have either Wisedome or Learning doe acknowledge that Holy Orders are truely that is validly given by the Ordination used in our Church I meane not such as either hold no outward calling to be needfull as the Anabaptists or make the Church a meere Democracy as the Independents but on the other side a very great part of the Christian World and among them many Protestants doe allow no Ordination to be right but from Bishops And even Saint Ierome who of all the Fathers makes the least difference between a Bishop and a Presbiter yet saith VVhat can a Bishop doe which a Presbiter doth not except Ordination And seeing there is required to the essence of a Church 1. a Pastor 2. a Flock 3. a Subordination of this Flock to this Pastor where we are not sure that there is right Ordination what assurance have we that there is a Church I write not this to prejudge our Neighbour Churches I dare not limit the extraordinary operation of Gods Spirit where ordinary meanes are wanting without the default of the Persons he gave his People Manna for food whilest they were in the Wildernesse Necessity is a strong plea Many Protestant Churches lived under Kings and Bishops of another Communion others had particular reasons why they could not continue or introduce Bishops but it is not so with us It was as wisely as charitably said of Saint Cyprian If any of my Predecessours through ignorance or simplicity have not holden that which our Lord hath taught the mercy of the Lord might pardon them c So if any Churches through necessity or ignorance or newfanglednesse or Covetousnesse or Practise of some Persons have swerved from the Apostolicall rule or Primitive institution the Lord may pardon them or supply the defect of Man but we must not therefore presume It is Charity to thinke well of our Neighbours and good Divinity to looke well to our selves But the chief reason is because I do not make this way to be simply necessary but onely shew what is safest where so many Christians are of another mind I know that there is great difference between a valid and a regular Ordination and what some choise Divines do write of case of Necessity and for my part am apt to believe that God looks upon his People in mercy with all their Prejudices and that there is a great Latitude left to particular Churches in the constitution of their Ecclesiasticall Regiment according to the exigence of Time and Place and Persons So as Order and his own Institution be observed Sixtly those Blessings which the English Nation have received from that Order do deserve an acknowledgement By them the Gospell was first planted in the most parts of England By their Doctrine and Blood Religion was reformed and restored to us By the learned writings of them and their Successors it hath been principally defended Cranmer Ridley Latimer Hooper were all Bishops Coverdale excercised Episcopall Jurisdiction With what indignation doe all good Protestants see those blessed Men stiled now in Print by a younge novice halting and time-serving Prelates and common stales to countenance with their prostituted gravities every Politick fetch It was truely said by Seneca that the most contemptible Persons ever have the loosest tongues The Observer confesseth that Magna Charta was penned by Bishops no ill service Morton a Bishop of Ely was the Contriver and Procuâ—…er of the Union of the two Roses a great blessing to this Nation Bishop Fox was the instrument imployed to negotiate and effect the union of the two Kingdomes In former Distractions of this State Bishops have beene Composers and Peace-makers according to their Office now they are contemned and in their roomes such Persons are graced whose Tongues are like that cursed Bay-Tree which caused brawling and contention wheresoever it came England owes many of her Churches Colleges Hospitalls and other Monuments of Piety and Charity to Bishops It requires good advise before we expell that Order which of Infidells made us Christians and that the the reasons should appear to the World An Act of any Society how eminent soever wherein are none of the Clergy may sooner produce submission then satisfaction to the Conscience Seventhly we have had long experience of Episcopall Government if it have been accidentally subject to some abuses I desire to know what Government in the World is free from
they Facile possent Episcopi legitimam obedientiam retinere c. Bishops might easily retein lawfull obedience if they did not urge us to keep Traditions which with a good Conscience cannot be kept Again Nunc non id agitnr c. It is not now sought that the Government be taken away from Bishops but this one thing is desired That they will suffeâ—… the Gospel to be purely taught and release some few Observances which cannot be kept without sinne This generall Confession may stand for a thousand Witnesses under which all the Protestants in Germany did shelter themselves To this I may adde the Apology for the same Confession Hac de re in hoc conventu c. We have often testified of this matter in this meeting that we desire wiâ—… all our hearts to conserve the Ecclesiasticall Policy anâ—… the degrees made in the Church by Humane Authoritâ—… Againe This our Will shall excuse us both before God anâ—… all the World that it may not be imputed to us that thâ—… Authority of Bishops was weakned by our means Thâ—… confession of Saxony is subscribed by seventeen Superintendents of Bishops The Suevick Confession iâ—… so farre from opposing the spirituall power of the Praelates that they doe not exclude them from secular Government and complaineth of great wrong done tâ—… their Churches as if they did seek to reduce the poweâ—… of Ecclesiasticall Praelates to nothing And most plain ly they declare for the Ecclesiasticall Jurisdiction oâ—… Bishops in the 33. Chapter of the secular Magistratâ—… I might produce the Articles of the Protestants and more Confessions and many Witnesses to this purpose if it were needfull But perhaps some may sayâ—… That these are all Lutherans and no good Protestantâ—… That were strange indeed that they who made thâ—… Protestation and from thence were called Protestants keeping themselves to the same grounds should become no Protestants and they who made no Protestation nor have right to the name but by communioâ—… with them should become the onely Protestants Buâ—… to satisfie them in this also Upon the Words of the Augustane Confessionâ—… before recited the Observations set forth in the namâ—… of the French and Belgicke Churches at the latteâ—… end of the Harmony of Confessions doe divide Bishops into three kinds 1 Apostolicall of Ordeâ—… not of Degree common to all the Ministers of the word 2. Humane both of Order and of Degree which they confesse to â—…e ancient and defined and circumscribed with many old Canons 3. Tyrannicall in the Church of Rome wandring not onely without the word of God but also extra Canones aequissimos without those most equall or just Canons which last they abhominate but of this more in the next Consideration They say further that it is the Office of godâ—…y Magistrates to see how farre it may be expedient for Bishops to have some kind of Civill Dominion and upon the Saxonick confession they acknowledge that Bishops may make Laws belonging to Order â—…nd Decency so it be not done Arbitrarily but by the judgement of a lawfull Synod and what doe we say more You have also seen the confession of the Church of England directly for Episcopacy which nevertheâ—…esse was so approved and applauded by the Tigurine Divines That they made no end of praising of it that â—…hey judged nothing to have been published more perfect in those dayes that they promise themselves that the Protestant Church shall never want a Champion so long as the Authour thereof did live yet it was both for Bishops and by a Bishop Calvine was no Lutherane yet he subscribed the Augustane Confession oâ—… the Apology for it or both And in his Institutions he describeth at large the Regiment of the Primitive Church after the dayes of the Apostles That though the Bishops of those times expressed more in their Canons then was expressed in the word of God yet they composed the whole Oeconomy of the Church with that caution that it may easily appear that it had almost nothing strange from the word of God That in each Citty the Presbyters did choose one of their number to whom they gave the Title of Bishop specially least dissention might spring from equallity as commonly it comes to passe He shews out of Saint Ierome that this institution was as ancient in Alexandria as from Saint Marke He proceeds to shew the end of Arch-Bishops and the Constitutioâ—… of Patriarkes and concludes That this kind of Government some called an Hierarchy by a name improper at least not used in the Scriptures but if we passâ—… by the name and looke upon the thing it selfe we shaâ—… find that the Ancient Bishops did goe about to devise no other Forme of governing the Church then that which God hath prescribed in his word There might be sundry other places alleged out of his Epistle and his Answer to Sadolet to the same purpose but I omit them only with this note that one of the most conspicuous placeâ—… in his Epistle to Sadolet Talem nobis Hierarchiam c. against those that shall reject Episcopacy being reduced to its due submission to Christ and Society with their Brethren is purged out in the two latter Editionâ—… of Beza and Gallasius to let us see that the Romanistâ—… are not the onely men who cut out the Tongues oâ—… their own Witnesses Zanchy delivers the very same grounds and addes That nothing is more certainâ—… then this That Episcopacy was received into the Church communi consensu totius Reipublicae Christianae with the common consent of the whole Christian Commonwealth That it was free for them to doe so Thaâ—… it was done for honest or just causes That it cannot bâ—… misliked That those things which are defined and received by the Godly Fathers congregated in the namâ—… of the Lord by the common consent of all without anâ—… contradiction to the Holy Scriptures though they be noâ—… of the same Authority with the Scriptures yet they arâ—… from the Holy Ghost Quae hujusmodi sunt ea eâ—…o â—…probare nec velim nec audeam bona Conscientia â—…uch as he had neither Will nor Confidence nor 〈◊〉 to disallow Which very place being â—…rged by â—…arraviah against Beza he closeth with it A quo maâ—…ime certe dissentimus cum Episcopatum illum mere diâ—…inum Apostolicum ab humano non quasi sint illa â—…nter se repugnantia sed tantum ut diversa imparis â—…uctoritatis discernimus From which opinion of Zanâ—…y we doe not dissent nor distinguish between that Apostolicall and meerely Divine Episcopacy from this other which is humane as if they were reâ—…ugnant one to another but onely diverse and of unequall Authority The same Booke is full of such places Quod si nunc Ecclesiae Anglicanae instauratae c. If the English reformed Churches doe now stand underpropped with the authority of Bishops and Arch-Bishops as it hath come to passe in our memoryes that
THE SERPENT SALVE OR A REMEDIE For the Biting of an ASPE WHEREIN The Observators Grounds are discussed and plainly discovered to be unsound Seditious not warranted by the Laws of God of Nature or of Nations and most repugnant to the known Laws and customs of this Realm For the reducing of such of His Majesties well-meaning Subjects into the right Way who have been mis-led by that Ignis fatuus Printed in the year 1643. To the READER WHen that Signe or rather Mâ—…teor called Castor and Polinx appeares single to the Sea-faring Men it portends a dangerous Tempest because of the density or toughnesse of the matter which is not easily dissolved And when it appeares double divided into two it presageth Serenity and a good Voyage But it is otherwise in the Body Politick When the King and Parliament are united it promiseth Happy and Halcionian Dayes to the Subject and when they appeare divided it threatens Ruine and Dissipation to the whole Kingdome This is our present condition the Heads are drenched with the oyle of Discord and it runs down to the skirts of the Garment Of all Hereticks in Theology they were the worst who made two beginnings a God of Good and a God of Evill Of all Hereticks in Policy they are the most dangerous which make the Common-wealth an Amphisbena a Serpent with two heads who make two Supreames without subordination one to another the King and the Parliament That is to leave a Seminary of Discord to lay a Trappe for the Subject to set up a Rack for the Conscience when Superiours sends out contrary Commands as the Commission of Array and the Order for the Milita If they were subordinate one to another we had a safe way both to discharge our Conscience towards God and secure our Estates to the World that is by obeying the Higher Power according to that golden Rule in presentia Majoris cessat authoritas Minoris But whilest they make them coordinate one with another the Estate the Liberty the Life the Soule of every Subject lies at Stake what passage can poor Conscience find between this Scilla and Charybdis between the two hornes of this Dilemma No Man can serve two Masters All great and sudden Changes are dangerous to the Body Naturall but much more to the Body Politick Time and Custome beget Reverence and Admiration in the minds of all men frequent Alterations produce nothing but Contempt Break ice in one place it will crack in more Mountebankes Projectors and Innovators alwayes promise golden Mountains but their performance is seldome worth a cracked Groat The credulous Asse in the Fable believed that the Wolf his counterfeit Phisiitian would cure him of all his Infirmities and lost his skin for his labour When the Devill tempted our first Parents he assured them of a more happy Estate then they had in Paradise but what saith our common Proverbe seldome comes the better It is the Ordinance of God that nothing should be perfectly blessed in this World yet it is our weaknesse to impute all our sufferings to our present condition and to believe a change would free us from all Imcombrances So thought the Romanes when they changed their Consulls into Consulary Tribunes So thought the Florentines when they cashiered their Decem-Viri both found the disadvantage of their Novelties both were forced to shake hands again with their old Friends Other Nations have used to picture an English man with a paire of sheares in his hand thus deriding our newfanglednesse in attire But it is farr worse to be shaping new Creeds every Day and new forms of Government according to each mans private humour When a sick man tosseth from one side of his bed to another yet his Distemper followes him They say our Countryman never knowes when he is well but if God Almighty be graciously pleased once again to send us Peace I trust we shall know better how to value it In the mean time let us take heed of credulity and newfanglednesse Those States are most durable which are most constant to their own Rules The glory of Venice is perpetuated not so much by the strong Situation as by that Sanction or Constitution that it is not lawfull for any man to make mention of a new Law to the grand Counsell before it have been first discussed and allowed by a selected Company of their most intelligent most experienced Citizens Among the Locrians no man might propose a new Law but with an halter about his neck that if he did not speed in his suite he might presently be strangled The Lacedemonians did so farr abhorre from all study of change that they banished a skilfull Musition onely for adding one string 〈◊〉 to the Harp I desire that no man will interpret what I say in this Discourse as intended to the Prejudice of the lawfull Rights and just priviledges of Parliament The very name of a Parliament was Musick in our eares at the Summons thereof our hearts danced for joy It is rather to be feared that we idollized Parliaments and trusted more in them then in God for out temporall well being God who gave the Israelites a King in his anger may at his pleasure give us a Parliament in his anger That we reap not the expected fruit next to our sins we may thank the Observator and such Incendiaries I confesse my selfe the most unfit of thousands to descend into this Theater as one who have lived hitherto a Mute but to see the Father of our Country threatned and villified by a common Souldier is able to make a dumb man speak as it did sometimes the Sonne of Craesus Quando doler est in capite saith Saint Bernard when the head akes the tongue cries for assistence and the very least members the Toe or the litle Finger is affected We are commanded to be wise as Serpents Math. 10. 16. A chief wisdome of the Serpent is in time of Danger to wrap and fold his head in the circles of his body to save that from blowes I pretend not to skill in Politicks the Observator may have read more Bookes and more Men but let him not despise a weak Adversary who comes armed with evident truth I know I have the better cause the better second The Birds in Aristophanes fancying an all-sufficiency to themselves did attempt for a while to build a City walled up to Heaven not much unlike such another Fiction of the Apes in Hermogenes but at length the one for feare of Iupiters Thunder and the other for want of convenient tooles gave over the Enterprise Believe it the frame of an ancient glorious well-temper'd and setled Monarchy though it may be shaken for a time will not cannot be blown upside down with a few windy Exhalations or an handfull of Sophisticall squibbes The World begins to see something through the holes of these mens cloakes and to espye Day through the midst of the Milstone And now that men may borrow a word edgeway with them
though it had not when the jarring strings of mens minds are turned again it is probable it may sleep for eveâ—… It were much better to pur it off as the Areopagites did knotty questions to a very long Day or with the Jews for Elias to resolve when he comes But good Sir if it may be without offence satisfie me in one doubt what Sect you are of whether some newly sprung up Mushrome or you derive your self from those Non Conformists which were in the Dayes of Queen Elizabeth and King Iames. They have solemnly Protested in Print that no Christians under Heaven doe give more to the Regall Supremacy then they yea without Limitation or qualification that for the King not to assume such a power or for the Churches within his Dominions to deny it is damnable Sinne mark it although the Statutes of the Kingdom should deny it him and Statutes are more then bare Votes That it is not tyed to their Christianity but their Crown from which no Subject or Subjects have power to seperate it If no Subjects collectively then not one or both Houses But they goe further and I pray you make it one of your Observations that though the King command any thing contrary to the Word of God yet we ought not to resist but peaceably forbear Obedience and sue for Grace and when that cannot be obtained meekly submit our selves to punishment How you have practised this of late the World sees and this Kingdom feels They declare That it is utterly unlawfull for any Christian Churches by armed Power against the will of the Civill Magistrate to set up in publique the true worship of God or suppresse any Superstition or Idolatry They abjure all Doctrines repugnant to these as Anabaptisticall and Antichristian They condemne all practises contrary to these as Seditious and sinfull I forbear sundry other things avouched by them in the same Protestation as that the King onely hath power within his Dominions to convene Synods of Ministers and by his Authority Royall to ratifie their Canons yea that if it should please the King and Civill State to continue Bishops they could be content without envy to suffer them to injoy their State and Dignity and to live as Brethren with those Ministers that should acknowledge homage unto them By this time I suppose you hâ—…ve enough of the Protestation my quaere is but short whether you can change your Doctrine as the Châ—…aelion her colours according to the present exigence of Affaires or will acknowledge your opinions to be Anabaptisticall and Antichristian your practise Seditious and Sinnefull in the Judgement of your Predecessors And yet I am not ignorant that both before and after and about the time of this Protestation a Cockatrice Egge was hatching when a Subject durst stile the great Senate under which â—…e lâ—…ved tumultuosa â—…erditorum hominum sactio a tumultuous Faction of desperate Men and the Judges discordiaram Duces then the Mistery began to work closely but shortly after it shewed it selfe openly when his Successor did publish to the world that if Kings observe not those pactions to which they were sworn subordinate Magistrates have power to oppose them and the Orders of the Kingdom to punish them if it be needfull till all things be restored to their former Estate That what power â—…ae Generall Councell hath to depose a Pope for Heresy the same the People have over Kings that are turned Tyrants A wofull Argument drawn from an elective Pope to an hereditary King from a free and oecumenicall Councell to a Company of limited and sworne Subjects from an action grounded on known Law to an Arbitrary Proceeding The Kings Crown sits closer The Councells Power is greater The like Law is wanting Others teach that the People must bridle Princes if the Nobility will not Our Countryman Cartwright speakes very suspitiously To think the Church must be framed according to the Common-wealth and the Church Government according to the Civill Government is as if a man should fashion his house according to his hangings whereas indeed it is cleane contrary that as the hangingâ—… are made fit for the house so the Common-wealth must be made to agree with the Church and the Government thereof with her Government Adde to this their other tenet that the Government of the Church with them is Democraticall or at best bur Aristocraticall and what will follow that the Civill Government must be the same or at the least if it be inconsistent with the form of Discipline which they fancy it must be regulated and conformed thereunto I omit the Trayterous Opinions of Goodman Gilby Whitingham teaching Sheriffes and Jailers to let loose them whom they call Saints teaching Subjects to reduce their Soveraignes into order by force yea to depose them or put them to Death But these seditious principles were suppressed then by the Learning and Authority of Grindall Sands Parkburst Iewell Beacon Nowell Coxe Barlow c. who being exiled for Religion at Franckford accused Knoxe of High Treason about them and put him to make use of his heeles Let this very Confusion of them in this matter be a warning to us how we have the the faith of our Lord Iesus Christ in respect of Persons or be so glued to the Persons of our Teachers that we suck up their errors as greedily as their good Lessons forgetting that they were but men and that particular Relations and Ingagements have an insensible influence upon the best temper'd minds Observer The King attributes the originall of his Royalty to God and the Law making no mention of the grant consent or trust of Man therein but the the truth is God is no more the Author of Regall then of Aristocraticall Power nor of Supreme more then of Subordinate Command Nay that Dominion which is usurped and not just yet while it remaines Dominion and till it be again legally divested refers to God is to the Authour and Donor as much as that which is hereditary Answer That Royalty and all lawfull Dominion considered in the abstract is from God no Man can make any doubt but he who will oppose the Apostle the powers that be are ordeined of God and God himselfe who saith by me Kings raigne and Princes decree Iustice But the right and application of this Power and Interest in the concrete to this particular man is many times from the grant and consent of the People So God is the principall Agent man the Instrumentall God is the Root the Fountain of Power Mâ—n the Stream the Bough by which it is derived the Essence of Power is alwayes from God the Existence sometimes from God sometimes from Man yet Grant and Consent differ much and Consent it selfe is of severall kinds explicite or implicite antecedent or subsequent a long continued Prescription or Possession of Soveraignty without Opposition or Reluctatation implies a full Consent and derives a
the equity of the Law many who doe not grant that to violate the Law of Man is sinne universally yet in case of contempt or scandall doe admit that it is sinnefull So then the Laws and Customes of the Kingdome are Limits and bounds to His Majestyes Power but there are not precise Laws for each particular Occurrence And even the Laws themselves doe ofâ—…en leave a latitude and a preheminence to His Majesty not onely for circumstances â—…d forms of Justice but even in great and high Privileges These we call the Prerogative Royall as to â—…e the fountain of Nobility To coyne Money To â—…eate Magistrates To grant Protection to his Debâ—…rs against their Creditours To present to a Beneâ—…ce in the right of his Ward being the youngest Coâ—…arcener before the eldest Not to be sued upon an orâ—…inary writ but by Petition and very many others â—…hich are beyond the ordinary course of Common-Law being either branches of absolute power or Preâ—…ogatives left by the Laws themselves Thirdly in the câ—…se of evident necessity where the whoâ—…e Commonwealth lyeâ—… at stake for the safety of King and Kingdome His Majesty may go against partiâ—…ular Laws For howsoever fancyed pretended invisible dangers have thrust us into reall dangers and unseasonable Remedyes have produced our present Calamityes yet this is certaine that all humane Laws and particular proprietyes must veile and strike top-sayle to a true publick necessity This is confessed by the Observer himselfe every where in this Treatise that Salus Populi is the transcendent achme of all Politicks the Law Paramount that gives Law to all humane Laws and particular Laws cannot act contrary to the legislative intent to be a violation of some more soveraigne good introducible or some extreme and generall evill avoidable which otherwise might swallow up both Statutes and all other Sanctions This preservative Power the Observer ascribes to the people that is to say in his sense to the Parliament in case the King will not joyn with them Though we all know a Parliament is not ever ready nor can be sâ—… suddenly called as is requisite to meet with a suddeâ—… Mischief And he thinks it strange that thâ—… King should noâ—… allow to the Subject a right to rise iâ—… Arms for their oâ—…n necessary defence without his consent and that he should assume or challenge such a share iâ—… the Legislative â—…ewer to himselfe as that without hiâ—… concurrence the Lords and Commons should have no right to make temporaâ—…y orders for putting the Kingdoâ—… into a posture of Defence Strange Phrases and unheard of by English eares that the King should joyn with the People or assume a share in the legislative Power Our Laws give this honour to the King that he can joyn or be a sharer with no man Let not the Observer trouble himselfe about this division The King like Solomons true Mother challengeth the whole Child not a divisible share but the very Life of the Legislative Power The Commons present and pray The Lords advise and consent The King enacts It would be much for the credit of the Observers desperate cause if he were able but to shew one such president of an Ordinance made by Parliament without the Kings consent that was binding to the Kingdome in the nature of a Law It is a part of the Kings oath to protect the Laws to preserve Peace to His People this he cannot doe without the Power of the Kingdome which he challengeth not as a Partner but solely as his own by virtue of his Seigniory So the Parliament it selfe acknowledged It belongs to the King and his part it is through his royall seigniory straitly to desend sorce of armour and all other force against his peace at all times when it shall please him and to punish them which shall doe contrary according to the Laws â—…nd usages of the Realme and that the Prelates Earles â—…arons and Commonalty are bound to aide him as their â—…overaigne Lord at all seasons when need shall be Here is a Parliament for the King even in the point The Argument is not drawn as the Observator sets it own negatively from Authority or from a maimed â—…nd imperfect induction or from pâ—…rticular premisâ—…es to a generall conclusion every one of which is â—…ophisticall is thus Such or suâ—…h a Parliament did â—…ot or durst not doe this or that therefore no Parliaâ—…ents may doe it or thus Some Parliaments not comâ—…arable to the Worthies of this have omitted some good â—…t of supinesse or difficulty therefore all Parliaments â—…ust doe the same but it runns thus no parliaments did ever assume or pretend to any such Power some Parliaments have expressely disclaimed it and acâ—…nowledged that by the Law of the Land it is a â—…ewell or a Flower which belongs to the Crown Therefore it is His Majesties undoubted right and â—…ay not be invaded by any Parliament Yet further â—…t were well the Observer would expresse himselfe â—…hat he meanes by some more Soveraigne good introducible the necessity of avoiding ruâ—…ne and introducing greater good is not the same Dangers often â—…come like torrents suddainly but good may be inâ—…roduced at more leisure and ought not to be brought â—…in but in a lawfull manner we may not doe evill that good may come of it Take the Observers two instances When the Sea breakes in upon a County a bank may be made on any Mans ground without his consent but may they cut away another mans Land to make an Harbour more safe or commodious withâ—… the owners consent No. A Neighbours Hoâ—… may be pulled down to stop the fury of a Scath-fire bâ—… may they pull it down to get a better prospect 〈◊〉 gaine a more convenient high way No. We desâ—… to know what this Soveraigne good introduciâ—… meanes and are not willing to be brought intoâ—… Fooles Paradise with generall insinuations Let it aâ—… pear to be so Soveraigne and we will all become suâ—… ters for it but if it be to alter our Religion or our foâ—… of Government we hope that was not the end of thâ—… Militia Lastly when necessity dispenseth with paâ—…ticular Laws the danger must be evident to all tâ—… concurrence generall or as it were generall one oâ—… two opponents are no opponents but where thâ—… danger is neither to be seen not to be named so uâ—… certaine that it must be voted whether there be anâ—… danger or not or perhaps be created by one or twâ—… odde Votes this is no warrant for the practise oâ—… that Paramount Law of salus Populi By this which hath been said we may gather a reâ—… solution whether the King be under the Law anâ—… how farr I mean not the Law of God or Nature but his own Nationall Laws First by a voluntarâ—… submission of himselfe quod sub Lege esse debetâ—… evidenter apparet cum sit Dei Vicarius ad similituâ—… dinem Iesu Christi cujus vices gerit in terris buâ—… Christ was under
note to be the first Parliament iâ—… England and that the Kings before that time were never wont to call any of their Commons or People 〈◊〉 Councell or Law making It may be the first held by the Norman Kings or the first held after the Norman manner or the first where the people appeared by Proctors yet we find the name of Parliament before this either so called then indeed or by a Pâ—…olepsis as Lavinia Littora And not to contend abouâ—… the name this is certain that long before in the dayes of the Saxon Kings there was the Assembly of Wise Men or Mickle Synod having an Analogy with our Parliaments but differing from them in many things So doth that Parliament in Henry the first his time differ from ours now Then the Bishops had their votes in the House of Lords now they have none Then Proctors of the Clergy had their Suffrages in the House of Commons now they are excluded Then there were many more Barons then there are now Burgesses every Lord of a Mannour â—…ho had a Court Baron was a Parliament man natus â—…y right Then they came on generall summons afâ—…er upon speciall Writ But both the one and the â—…ther were posteriour to Kings both in the order â—…f nature and of time How should it be otherwise â—…he end of Parliaments is to temper the violence of â—…overaigne Power the Remedy must needs be later then â—…e Disease much more then the right Temper â—…egenerate Monarchy becomes Tyranny and the cure â—…f Tyranny is the mixture of Governments Parliments are proper adjuments to Kings Parliaments â—…ere constituted to supply the defects in that Governâ—…ent saith the Observer himselfe here you may apply your Rule to purpose that the end is more â—…xcellent then the meanes I deny therefore that the â—…ingdome is the essence of Parliaments there is a â—…hreefold Body of the State the essentiall Body â—…he representative Body and the virtuall Body the â—…ssentiall Body is the diffused company of the whole Nobility Gentry Commonalty throughout the Kingâ—…ome the representative Body are the Lords Citâ—…yzens and Burgesses in Parliament assembled and inâ—…rusted the Virtuall Body is His Majesty in whom â—…ests the life of Authority and power legislative exeâ—…utive virtually yet so as in the excercise of some â—…rts of it there are necessary requisites the consent and concurrence of the representative Body From this mistaken ground the Observer draws fundry erroneous conclusions Posito uno absurdo sequuntur â—…mille Hence proceeds his Complaint That severance hath been made betwixt the Parties chosen and the Parties choosing and so that that great privilege of all privileges that unmoveable Basis of all Honour and power whereby the House of Commons claimes the intire right of all the Gentry and Commonalty of England hath been attempted to be shaken A power of representation we grant respective to some ends as to consent to new laws to grant Subsidies to impeach Offenders to find out and present grievances and whatsoever else is warranted by lawfull Customes but an intire right to all intents and purposes against Law and lawfull Custome we deny An intire right what to out Wifes and Children to our Lands and Possessions this is not tollerable Hence also he tells Magistrally enough of an arbitrary Power in the Parliament That there is an arbitrary Power in every State somewhere it is true â—…is necessary and no inconvenience followes upon it every man hath an arbitrary power over him selfe so every State hath an arbitrary power over it selfe and there is no Danger in it for the same reason if the State intrust this to one Man or few there may be danger but the Parliament is neither one nor few it is indeed the State it selfe Now the Maske is off you have spunne a fair threed is this the end of all your goodly pretences if this be your new Learning God deliver all true English men from it Wee chose you to be our Proctors not to be our Lords We challenge the Laws of England as our Birthright and Inheritance and dislike Arbitrary Government much in one but twenty times worse in more There is no Tyranny like many-headed Tyranny when was â—…ver so much Blood shed and Rapine under one Tyrant as under three in the Triumvirate And the more they are still of necessity there will be more â—…ngagements of Love and Hatred and Covetousnesse and Ambition the more packing and conniving one with another the more Danger of Factious and Seditious tumults as if the evills of one Forme of Government were not sufficient except we were overwhelmed with the deluge of them all and he that is most popular who is most commonly the worst will give Laws to the rest Therefore it hath ever been accounted safer to live under one Tyrant then many The Lust Covetousnesse Ambition Cruelty of one may be sooner satisfied then of many and especially when the power is but temporary and not hereditary nor of continuance We see Farmers which have a long terme will husband their grounds well but they that are but Tenents at will plough out the very heart of it No Sir I thanke you we will none of your Arbitrary Government And supposing but no way granting that the Parliament were the essentiall Body of this Kingdome or which is all one were indowed with all the power and Privileges thereof to all intents and purposes yet it had no Arbitrary Power over it selfe in such things as are contrary to the Allegiance which it owes to His Majesty and contrary to its Obligation to the received Laws and Customs of this Land Hence be ascribes to Parliaments a power to call Kings to an account heare himselfe That Princes may not be now beyond all Limits and Lawes by any private Persons the whole community in its underived Majesty shall convene to doe iustice Here we have it expresly that the Parliament is the whole Communâ—…ty that it hath a Majesty that this Majâ—…sty 〈◊〉 underived that it hath power â—…o â—…ry Princâ—…s â—…e 〈◊〉 doe justice upon them Hitâ—…erto we have misunderstood Saint Peter Submit your selfes to every Ordinance of Man for the Lorâ—… sake whether it be to tâ—… King as Supreme It seems the Parliamentâ—… whicâ—… passed the Oaths of Supremacy and Allegiance did noâ—… understand their own right till 〈◊〉 third Cato droppâ—…d from Heaven to inform them And above all oâ—… Non-Conformist Ministers in their solâ—…e Protestation are deepâ—…st in this guilt wâ—…o affirme so confidently that for the King â—…ot to assume 〈◊〉 or for the Church to deny it were 〈◊〉 〈◊〉 Yea though the Statutes of the Kingdome should deâ—… it unto Him What maâ—… his fellow Subjectâ—… expeâ—… from the Oâ—…server who is â—…o sawcy with his Soveraigne But before I leave thiâ—… poiâ—…t I desire to be informed 〈◊〉 this new Doctrin agrees with that undeniable principle of our Law The King can do 〈◊〉 wrong The Observer glosseth it thus That He can doe no wrong de
not in both alike God is the immediate cause of Kings the remote of Parliaments Kings and Parliaments have the same ultimate and Architectonicall end that is the tranquillity of the whole Body Politicke but not the same proper and next ends which in the Parliament is to advise the King supply the King and 〈◊〉 the constituâ—…ion of new Laws to concurre with the â—…ng I grant to speâ—…ke in his Majestyes own words â—…s more full then the Observers That Parliaments are so essentiall a part of the constitution of this Kingdome that we can aâ—…ein â—…o happinesse without them But to conclude from hence their Supâ—…riority above Kings or equality with Kings is to subject the principall efficient to every secundâ—…ry cause subordinate iâ—…strumentall or sine quaâ—…on Observer Two things are aimed at in Parliaments not to be atâ—…eined to by otâ—…er meanes First that the interest of the People might be satisfied Secondly that Kings might â—…e better counsailed In the summons of Edward the first claus 7. 111. 3. dors we see the first end of Parliaments expressed for he inserts in the writ that whatsoever affaire is of publick concernment ought to receive â—…ublicke approbation quod omnes tang 〈◊〉 ab omnibus approbaâ—…i debet or tractâ—…ri And in the same writ he sith this is Lex notissima provida circumspectione stabilita there is not a word here but it is observable publicke approbation consent or treaty is necessary in all publicke expedients and this is not a meere usage in England but a Law and this Law is not subject to any doubt or dispâ—…e there is nothing more known neither is this known Law extorted from Kings by the violeâ—…ce and injustice of the people it is duely and formally establish't and that 〈◊〉 a great deal of â—…eason not withâ—…t the providence and circumspection of all the States Were there no further Antiquity then the Raigne dâ—… Edward the first to recommend this to us certainly sâ—… there ought to be no reverence with-held from it foâ—… this Prince was Wise Fortunate just and valiant bâ—…yond all his Predecessors if not Successors also and therefore it is more glory to our Freedomes that as weake and peevish Princes have most opposed them so that he first repaired the breaches which the conquest had made upon them And yet it is very probable that this Laâ—… was farr ancienter then his Raigne and the words Leâ—… stabilita notissima seemes to intimate that the Conquest it selfe had never wholly buried this in the publicke ruine and confusion of the State It should seem at this time Llewellins troubles in Wales were not quite suppressed and the French King was upon a designe 〈◊〉 invade some pieces of ours in France and therâ—…fore he sends out his summons ad trâ—…ctandum ordinandum faciendum cum prelatis 〈◊〉 aliis incolis Regni for the prevention of these dangers Thesâ—… words tractandum ordinandum faciendum doe fully prove that the people in those dayes were summoned ad consensum as well as consilium and this Law quod omnes tangit c. shews the reason and ground upon which that consent and approbation is founded Answer The Observer is just like a winter Brooke which swells with water when there is no need but in summer when it should be usefull is dried up for all the absurd Paradoxes which he brings in this treatise he produceth not one Authority but his own and here to confirme a known truth which no man deâ—…es he cites Rolls and adornes them with his glosses â—…r my part I know no man that did ever enâ—…y or â—…aligne the honour of Edward the first except Ioâ—…nnes Major who was angry with him for his Norâ—…ren Expedition Edvardus Longshankes câ—…m longâ—…s â—…biis suis venit in Scotiam But what is this to your â—…rpose yes it makes for the glory of our Freedomes â—…at as weake and peevish Princes opposed them so he reâ—…ired the breaches of them How doe you know that 〈◊〉 this summons also I see you are dextrous and â—…n soone make an ell of an inch but in truth you are â—…ry unfortunate in your instances Edward the first â—…as a much greater Improver of the Royalty then â—…y of his Predecessours in which respect he is stiled â—…y our Chroniclers the first Conquerer after the Conâ—…erer That which was urged to his Fathers was â—…ever that I read of tendred to him for the Parliaâ—…ent to have the nomination of the chiefe Justice â—…hancellour and Treasurer but onely once in his â—…hole time and then being rejected with a frown â—…as never moved more It is more probable or rather â—…pparent that the Lenity irresolution and mutable â—…isposition of Princes have been that which hath imâ—…oldened Subjects to make insolent and presumptuâ—…us demands to their Soveraignes Thus for the Man you are as ample for the Law â—…hat it is Lex notissima not only notissima but stabilita lastly stabilita provida circumspectione A trimme gradation quid tanto dignum feret Observator hiatu who reads this and believes not that some great mountain is travelling yet in very deed it is with nothing but a ridiculous mouse postquam incruduit pâ—… na after the fray grows hot dishes and trenchers aâ—… turned to weapons said Erasmus Let your Laâ—… speake itselfe That which conâ—…erns all Men ought to 〈◊〉 approved or handled by all Men. Who denyes it 〈◊〉 shall easily grant you that this Law is not onely aâ—… cienter then the first Edward but even as ancient 〈◊〉 the first Adam a part of the Law of Nature 〈◊〉 least in the grounds of it But that you may not sâ—… away in a mist of Generalities as it is your use oâ—… word of your tangit another of your approbari debeâ—… That which concerns all Men Sir all Men may be saiâ—… to be concerned two wayes either in the consequenâ—… of affairs or in the management thereof This lattâ—… concernment gives a right sometimes to counsell only sometimes both to counsell and approve sometime both to counsell approve and act according to the private constitutions of Societyes but the former implyes no right neither ad approbandum nor yet ad tractandum As for example the meanest Freshmen arâ—… concerned in the Statures and Orders of the University yet are none admitted to debaâ—…e them but the Visiters Heads and at the lowest the Regent Masters And this exception holds in all cases wherâ—… either Inferiours or their Predecessours have legally divested themselves of this power by their proper act or where this trust is committed to Superiours by the Laws divine naturall or nationall Secondly the Counsell Consent or act of Proctors Atturnyes and generally of all Trustees whether one or more whether rightfully elected or imposed according to the latitude of their trust ought to be interpreted as the counsell consent act of thosâ—…â—…ersons by whom or over whom or for whom they â—…e so trusted and whose power virtually they doe reâ—…ine So as a
present and posteriour consent is not â—…cessary to His Majesty for the excercise of any â—…anch of that Imperiall power which by Law or â—…wfull custome is annexed to his Crown And â—…erefore Edward the first his Summons ad tractandum â—…dinandum faciendum which is the same in effect â—…ith all summons since will doe your cause no good 〈◊〉 the world unlesse you may have leave to doe as â—…e Devill did with Christ leave out in viis tuis 〈◊〉 you may put out in quibus dam and thrust in place â—…ereof in omnibus as you doe in the next page In â—…ll things perteining to the People Leave these friâ—…olous these false suggestions your own-Conscience â—…nnot but tell you that reddendo singula singulis in â—…omethings the Houses of Parliament have power â—…o consent in somethings to order in somethings to â—…ct but in all things they have neither power to act â—…or order nor consent and that will appear by your â—…ext Section Observer It is true we find in the Raigne of Edward the third that the Commons did desire that they might forbear counselling in things de queux ils nount pâ—…s cognizance the matters in debate were concerning some intestine commotions the guarding of the Marches of Scotland and the Seas and therein they renounce not their right of consent they onely excuse themselves in point of counsell referring it rather to the King and his Councell How this shall derogate from Parliaments either in poiâ—… of consent or counsell I doe not know for at last thâ—… they did give both and the King would not be satisfieâ—… without them And the passage evinces no more but this that the King was very wise warlike had a very wisâ—… Councell of Warre so that in those particulars the Commons thought them most fit to be consulted as perhaps the more knowing men Answer This is the first time that the Observer is pleased to honour his adverse Party with the mention of one Objection and that with so ill successe that he cannot unty the knot again with all his teeth I will put it into form for him thus That which the Parliament in the raigne of Edward the third had not that no succeeding Parliament hath but that Parliament had no universall cognizance Therefore the same Rule holds in this and all other Parliaments The Proposition is infallibly true grounded upon an undeniable Maxime that quod competit tali qua tali competit omni tali that which is true of one Parliament not by accident but essentially as it is a Parliament must of necessity be true of every Parliament The Assumtion is as evident confessed by the Parliament itselfe who best knew the extent of their own power that there was somethings of which ils nount pas cognizance they had no cognizance And if we will believe the Observer these things which did not belong to their cognizancâ—… were the appeasing some intestine or Civill Commotions and the guarding of the Seas and Marches why these are the very case now in question concerning the Militia And doth a Parliament here confesse that they have no cognizance of these yes what saith the Observer to this he saith they doe not renounce their right but onely excuse themselves in point of Counsell Most absurdly as if there were either consent or counsell without cognizance But he saith they did give both consent and counsell and the King could not be satisfied without them It may be so but there is a vast difference between giving counsell when the King licenseth yea and requireth it and intruding into Counsell without calling between an approbative consent such as the Saints give to God Almighty the onely Authoritative Judge of Heaven and Earth and an active consent without which the Kings hands should be so tied that he could do just nothing The former all good Kings doe desire so farre as the exigence of the service will give way to have their Counsells communicated But the latter makes a great King a Cipher and transformes an Emperour into a Christmasse Lord. You tell us that King had a very wise Councell of Warre and perhaps more knowing in these things then the Commons It were strange if they should not be so if the Commons who are Srangers to the affaires ingagements of State should understand them better then those who have served sundry Apprentiships in that way qui pauca considerat facile pronunciat he that knows not or regards not the circumstances gives sentence easily but for the most part is mistaken Ignorance of the true state of things begets Iealousies and Feâ—…es where there are no Dangers and confidence whâ—…e the Perill is nearest It makes a field of thistles 〈◊〉 Army of pikes and an Army of pikes a field of thiâ—…les Let old States-Men sitte at the Helme still aâ—… steere the Ship of the Common-wealth The Coâ—…ons are the best Councell in the World for redreâ—…ng of grievances for making of new Lawes for â—…inteining the publike interest of the Kingdome abâ—…d and private interest of the Subject at home â—…et this be their Worke and their Honour Observer Now upon a dâ—… comparing of these passages with some of the Kings laâ—…e papers let the World judge whether Parliaments have â—…ot been of late much lesned and injured The King in one of his late Answers alledgeâ—… that his Writs may teach the Lords and Commons the extent of their Commission and Trust which is to be Counsellours not Commanders and that not in all things but in quibusdam arduis and the case of Wentworth is cited who was by Qâ—…een Elizabeth committed sitting the Parliament for proposing that they might advise the Queen in some things which she thought beyond their cognizance although Wentworth wâ—…s then of the House of Commons And in other places the King denyes the Assembly of the Lords Commons to be rightly named a Parliament or to have any power of any Court and consequently to be any thing but a meer convention of private Men. Many things are here assâ—…rted utterly destructive to the Honour Right and being of Parliaments For first because the Law hath trusted the King with a Prerogative to discontinus Parliaments c. Answer Having laid these former groundâ—… the Observer proceeds to some exceptions against some passages in his Majestyes Papers that 's his phrase as if they were old Almanacks out of date fit for nothing but to cover Mustard pots metuentia carmina scombros aut thus His first exception is that His Majesty is trusted by the Law which the Observer calls now a formallity of Law with a Prerogative to discontinue Parliaments leaving no remedy to the People in such a case which he saith is destructive to the Honour Right â—…nd being of Parliaments and may yet be mischiâ—…vous in the future dissolution of them and make our Trienniall Parliaments of litle service if it be not exploded now What is this to the Observers grounds or His Majestyes Declaration
a Complete Parliament Complete to all intents and purposes and particularly in respect of the Legislative power In this latter sense onely His Majesty denyes it and in this sence the Observer dares not affirme it To dispute about the name is a meere Logomachy and from the name to inferre this height of Power is a trifling Homonomy But the Observer will either be Caesar or no body either all power oâ—… no power just like a little Child who if he wants some one thing he desires throwes away all he hath and falls a crying To his fear of his Majestieâ—… deserting his other Courts he may as well fear hiâ—… deserting of himselfe This may goe amongst thâ—… rest of his improbable possibilities which never were never will be deduced into Act. If he will admit no institution which is subject to any abuse he must seeke for presidents in the new World of the Moone Here he takes occasion to declaime against ouâ—… new Masters of Division whose Founder is Machiavell their rule divide impera their first erection was since the third of November 1640. Hiâ—… Majesty is the Principall of the College whose paperâ—… saith the Observer are freighted scarce with any thing else but such Doctrine of Division tending to the subversion of our Fundamentall Constitutions yet find such applause in the World His plea against them consists of a fourefold charge first they have divided between the King and the Parliament Secondly betwixt the Parliament and the Kingdom withdrawing themselves from their representatives Yet there is nothing under Heaven if we may trust him next to the renounâ—…ing of God can be more perfidious and more pernicious to the people then this Thirdly by dividing between the Parliament and a part of the Parliament And fowerthly in the Major part between a Faction misleading and a party misled Who reads this and would not take the Observer for another Calâ—… or Constantine for peacemaking whereas in truth all this is but a personated passage of Demetrius or one of his craftsmen rayling against the Towne Clarke of Ephesus as a Ringleader of Division and a Disturber of them in their service to Diana the Idoll of their own braines and an Hinderer of them in doing Gods owne Worke that is shedding the blood of the ungodly Apostles and is done with the very same grace that Athaliah cryed out Treason Treason Sic oculos sic illa manus sic ora ferebat He is ever snarling at His Majestyes Papers and and I doe not much blame him for where these Papers have had free passage they have sweyed down the scale of mens judgements with the weight of unanswerable reason that this Observer and all his Fellowes may compare their notes and put their hands and heads and shoulders and all together and never be able to lift it up again to an equilibrium If they could have purchased every paper of them at the same price that the Romanes gave for the Sybills Bookes it would have been well bestowed for their cause to have them suppressed I plead not for Masters of Division Gods abhomination the Devills Factors thâ—… baine of the Common-wealth Da unum habebâ—… populum tolle unum habebis turbam It was not Phillip but the dissentions of Athens Thebes Sparta that destroyed Greece It was not Scipio but the Factions of Hanniball and Haâ—…o that destroyed Carthage we have had too many such Masters of Division indeed Our Schismes in the Church proclaime it the question is not now of round or square or black or white or sitting or kneeling our burying and marrying our christening our communicating are all questioned our Churches our holy Orders our publick Liturgy the Lords Prayer the Creed our Scriptures the Godhead of Christ the doctrin of the Trinity all our Fundamentalls are questioned It is not twins but litters of Hereticks that struggle in the wombe of the Church Disciplinarias Independents Brownists Anabaptists Familists Socinians c. pudet haec opprobria nobis Et dici potuisse non potuisse refelli Our Sedition in the State proclaimes it whilest some are for the King some for the Parliament some for the Law some for Arbitrary Government some for a Monarchy some for Democracy The Superiority of the King or Parliament is questioned the Kings negative voice is questioneâ—… the right of the Militia is questioned the privileges our Parliament the liberty of the Subject eâ—…ry thing is questioned Thus to use the Observers words Those rock Foundations are razed upon which this State hath been so happily setled for so many ages now past The Pillars of Law and Policy and Religion are taken away and the State and Church set upon a new Basis each day produceth new opinions new presidents new questions and woe be to those Men who are not onely occasionally but intentionally the Authors of these Divisions They are guilty before God of all that blood which is powred out like water upon the face of the Earth of all that Spoyle which is committed better were it for them that a Millstone were hanged about their necks and they cast into the bottome of the Sea How deep the Observers share is herein I leave it to his own Conscience This is certaine a Man may keep his Possession by Force but he that shall goe about to thrust another out of his lawfull Possession is the true Authour of the tumult and whatsoever he suffers he can blame no man but himselfe Now to your foure Charges First who divided the King and Parliament There may be a quaere of others but it is beyond all question that those base tumults and disorders at Westminster and upon the Thames tending to the danger of His Majestyes Person but much more as they were unsufferable affronts to Sacred Majesty and all those who are accessary to them as Contrivers Fomenters or Connivers are the principall grounds of this cursed Division they that make two Supremes coordinate one with another make a division with a witnesse Next for your seperation between the Parliament and the Kingdome First your mouth runnes over extremely when you call it the most pernicious thing that can be next to the renouncing God we have stricter obligations to others then to our Proctors Secondly to regulate their trust according to their first intentions and former Presidents is not to withdraw â—…epresentation if it were who taught it them but those who first practised the same to their King But that you may clearly discern who are the Authours of this seperation heare a neare Friend of yours in his plain English or rather plaine Sedition thus he If ever the Parliament should agree to the making up of an unsafe unsatisfying Accomodation this will beget a new question whether in case the representative Body can not â—…r will not discharge their trust to the satisfaction not of fancy but of reason in the People they may resume if ever yet they parted with a power to their manifest undoing
not yet ten yeares after this 1471 King Henry is admitted King by Parliament again and King Edward attainted of High Treason declared an Usurper and the Crown intailed upon King Henry and his Heires Males and for want of such issue to George of Clarence and his Heires But this lasted but a while disinherited Edward and Clarence are reconciled and the very next Yeare Edward is Crowned again and received King in Parliament You see here Signa pares aquilas peila minantia peilis Parliaments against Parliaments and this in that very question which you say is properly to be judged by Parliament who is the right King When the election is not of a particular person and his Heires but of a Person and his Family so as the People have liberty to elect whom they please of that stock as it was long since in Scotland till it was rescinded by Act of Parliament to take away those storms of discord and Faction which it raised The Parliament was the most proper Judge who should succeed but where the Crown is hereditary there needs little question of the right Heire which for the most part every Country Man knows as well as the great Councell of the Kingdome How easily were Queens raised and deposed in Henry the eights time by Authority of Parliament Adde to this with what facillity Religion was reformed in part by Henry the eight more by Edward the sixt altered by Queeen Mary restored again by Queen Elizabeth all this by Authority of Parliament within the compasse of a few yeares and it will evidently appear out of all that hath been said that Parliaments are not excepted from the defects of all humane Societyes Nescience Ignorance Feare Hope Favour Envy Selfe-love and the like That they may erre both in matters of Fact and in point of Right That it is the incommunicable property of God alone to be the same Yesterday to Day and for Ever That though we owe a tender respect to Parliaments yet we may not follow their directions as infallible nor resolve our reason into their meere Authority as if their sole advice or command were a sufficient ground for our actions which is the maine scope which this Iehu our Observer doth so furiously drive at in all his writings That no evill is to be presumed of the representative Body of the Kingdom And so farre he is right it ought not indeed to be presumed without proofe But he goes further that it may not be supposed or admitted It is of dangerous consequence to suppose that Parliaments will do any injustice it looseth one of the firmest sinews of Law to admit it But such Communities can have no private ends What had the Shechemites by the suggestion of a worthy Member of their Citty Or the Brethren of Ioseph If any Man boggle at it may he not be overvoted or overawed as Reuben was What ends had the Romans when they made that arbitriment quod in medio est populo Romano adjudicetur What had the whole Citty of Ephesâ—… being perswaded by Demetrius and his Craftsmen that there was a strange plot against Diana The High Priests and Scribes and Elders and if you adde to these Pilate Iudas the Souldiers and the Divell all had their private ends The High Priests and Elders to satisfy their envy Pilate to keep his place Iudas to get the thirty pieceâ—… the Souldiers for Christs Garments yet all these concurred in a generall designe to take away Câ—…rist Which shews us thus much That a Community may have private ends yea and contrary ends all teâ—…ding to mischief though upon contrary grounds and yet all agree well enough so long as they keep themselves in a negative or destructive way I intend these instances no further then to shew the weaknesse of the Observers grounds Parliaments are more venerable yet till this corruptible have put on incorruption private ends will seek to crowde into the best Societyes When a Bill was tendred to Richard the second to take away the temporalties of the Clergy there was old sharing And Thomas Walsingham saith he himselfe did heare one of the Knights sweare deeply that he would have a thousand marks by year out of the Abby of Saint Albons The very like Bill was put up to King Henry the fowerth with this motive or addition That those temporall Possessions would suffice to find an hundred and fifty Earles fifteen hundred Knights six thousand and two hundred Esquires and an hundred Hospitalls more then there was in the Kingdome it had been a great oversight if they had not stuck down a few feathers Do you not see private ends in those dayes but even then they found themselves mistaken in their accounts And now when the Lord Verulam and sundry others of our most eminent Countrymen have acknowledged I have heard the very same froâ—… Sir Edâ—… Sands that all the Parliamentâ—… since the 27. and 31. of King Henry the eight seem in some sort â—…o stand obnoxious and obliged to God in Conscieâ—… to 〈◊〉 somewhat for the Church to reduce the Patrimony thereof to a competency Now I say when the Temporaltyes of the Clergy are so inconsiderable in comparison of the Honour of the Nation and the Order of the Church and so unable to satisfy the appetite and expectation of 〈◊〉 in so much as I dare speak it confidently that all the Temporaltyes of the Arch-Bishops Bishops Deanes Arch-Deacons Deanes and Chapâ—…ers Prebenâ—… Petty Canons Vicars Chorall which are recited in folio to make a shew and of all the Ecclesiasticall Dignitaâ—…yes and Corporationâ—… whatsoever let them take Masters of Hospitalls in to booâ—… except the two Universityes and 〈◊〉 of Benefices with cure do not all amount in penny rent to the Revenues of some two Earles Such a proposition seems now to be much more unseasonable then it was then yet even then the Bill was commanded by the King to be cancelled I confesse the true and uttermost value may be double or triple to this but what is redundant above the rent is in the hands of the Gentry and Commons who will think much to lose either their Interest or Tenent-right I confesse likewise that besides their Temporaltyes they have Spiritualtyes consisting of Tithes and Oblations but to think of taking these away also will highly displease their Leaders of the old Edition Heare the humble 〈◊〉 It is the duty of the Commonwealth to convert those things which by their foundation were meant to the service of God to that very use that Reformation be not rather thought a baite to feed our bellyes then to proceed of godly zeal He calls it a plaine mockery of God a scorn of Godlinesse the most Divellish Policy in the World that upon pretence to further Gods Service Men should rob and ransack the Church To the same purpose Mr. Cartwright This is our meaning not that these goods should be turned from the Possession of the Church to the filling
gives the People the last Judgement of necessity and upon this Judgement a power to rise in Arms. If any Divine have unwittingly slipped into any such errours in not distinguishing between an absolute and respective Soveraignty which I can hardly beleeve yet the Observer might have held his peace for shame The one is so intent upon the Law of God the other upon the Law of Nature that they both forget the known Laws of the Land Especially he shews his spleen against Bishop sometimes calling them Popish Bishops If Popery were as ancient as Episcopacy the Observer might shake his Eares at it to small purpose Sometimes he stiles them the Praelaticall Faction If that be a Faction which is established by the Fundamentall Law of the Land and hath ever been a radicated Order of the Kingdom What may a man think of hiâ—… Revâ—…rend Coâ—…hmen and Buâ—…ton makers and the rest of that diversified Schismaticall â—…ie Sometimes he makes Levi and Simâ—…n Hierarchists and Papists the heads of the maine Malignants I â—…ope the Observer will allow some Government in the Church either of Councells or Synods or Assemblyes or Consistoryes or Senates or Presbyteryes either 〈◊〉 as it is at Genevah or Parochiall as it is in the Low-Countries either of Presidents or Moderators or Visiters Pastors Doctors Curate or not Curate Elders perpetuall or Annuall Deacons Widowâ—… or some of them for they are not yet well agreed about any of these In one place Elders are Commissioners to the Seigniory are placed and displaced by the Magistrate take an Oath of Obedience to the Magistrate in other places the King hath not so much as the place of a Lay-Elder except he be chosen Or perhaps the Observer is for none of all these wayes but as errant an Independent in the Church as he desires to be in the Common-wealth Here are many things very considerable in this businesse First That in doubtfull cases Melior est conditio vossident is Possession is a strong plea especially if it be of long continuance as this of Episcopâ—…cy is ever since Christianity was planted in this Kingdome This is certain Brittish Bishops have been of Note in Forrein Councells since the second Councell of Arles which is above thirteen hundred yeares to say nothing of Aristobulus mentioned in the Epistle to the Romans whom some good Authors make a Bishop in this Island They that shall goe about to shake in pieces such an ancient Institution which was brought into the Church either by the Authority or at least by the approbation of the Apostles had need to bring cleare proofes not blind conjectures about which they themselves cannot agree one with another Bishops flourished long in this Kingdom even when the Brittish Church enjoyed the Cyprian privilege and acknowledged no subjection to any forrein See whatsoever Secondly That which the Observer saith of Monarchy that our Laws are locked and Cabinetted in it in such manner that the wounding of the one is the bleeding of the other though he forget it throughout his Discourse is likewise true of Episcopacy that it is woven and riveted into the body of our Law Heare a Witnesse beyond exception For the Government of Bishops I for my part not prejudging the presidents of other Reformed Churches doe hold it warranted by the Word of God and by the practise of the ancient Church in the better times and much more convenient for Kingdoms then parity of Ministers or Government by Synods And presently after It is worth noting that the Scripture saith Translato Sacerdotio necesse est ut legis fiat Translatio It is not possible in respect of the great and neere sympathy between the State Civill and the State Ecclesiasticall to make so maine an alteration in the Church but it would have a perillous operation upon the Kingdome And therefore it is fit that Controversie be in Peace and Silence It would not be forgotten what was cited before out of Cartwright That as the hangings must be shaped according to the House so must the Civill Government be conformed to the Government of the Church The Anabaptisâ—…â—…egan with Bishops but at length the Emperour was â—…ith them but Carolus a Gandavo Charles of Gant 〈◊〉 leave it to others to Judge by what fate or fortune it â—…omes to pâ—…sse beyond the Sea That wheresoever any â—…ther Regiment of the Church takes place if the faâ—…ourers of it be the Major part and have power in their â—…ands it either finds or makes a popular State every â—…ans own imaginâ—…ion will supply him with instances And this may be the reason why Calvin a wise man 〈◊〉 an Epistle to the King of Polonia doth represent â—…ot the Disciplinarian but Episcopall Government as â—…tter for Monarchyes Having shewed the Regiment â—…f the Primitive Church by Patriarkes Primates and â—…ishops he proceeds thus As if at this Day one Arch-â—…ishop should be over the illustrious Kingdom of Polonia â—…t to domineere over the rest or arrogate their right unto â—…imselfe but for orders cause c. And further there â—…ould be a Bishop in each Citty or Province to attend peâ—…uliarly to the preservation of Order marke his Reaâ—…on even as Nature it selfe doth dictate to us that in â—…very College one ought to be chosen upon whom the prinâ—…ipall care of the College should rest Thirdly Episcopacy is not onely ancient and ceâ—…ented into our Laws but also was universally reâ—…eived without any opposition or so much as a queâ—…tion throughout the whole Christian World among â—…ll sorts of Christians of what Communion or â—…rofession soever they were Graecian Latin Rusâ—…an Armenian Abissine c yea even among those â—…ho by reason of the great distance and remotenesse â—…f their Countryes never heard of the Pope nor of the name of Rome ever since the Apostles did tread upon the face of the Earth untill this last Century of Yeares so farre is it from being a Relick of Popery And the Observer is challenged to name but one Church or so much as one poor Village throughout the whole World from the Dayes of the Apostles till the year of Christ 1500 that ever was governed without a Bishop I except the Acepâ—…ali or such disordered Persons that had no Governmenâ—… at all or to name but one Lay-Elder or one Ambulatory Bishop that governed by turne or course in thâ—… Primitive times in the whole Catholike Church before the year 1536 when Calvine came to Geneuah We find the proper and particular names of Apostles Evangelists Bishop Presbiters and Deacons in the Scriptures in Councells in Ecclesiastical Historyes in the Fathers if he and all his Friendâ—… be not able out of all these Authorities to name onâ—… particular Lay-Elder or ambulatory Bishop thâ—… reason must be because there never was such a Creature in rerum natura And his Elders in Saint Ambrose and Saint Ierome are much mistaken hoâ—… should they be otherwise the one Authour being 〈◊〉 Bishop himselfe and the other
deducing Bishops iâ—… Alexandria from Saint Marke and telling us plainlâ—… that which we find to be true that without Episcopall Authoriâ—…y there will be as many Schismes as Priesâ—… in the Church The Hierarchists as he calls them will be contented â—…o wave all other Authors and 〈◊〉 â—…ed by either of these The seven Angells in thâ—… Revelation cap. 2. 3 cannot be the seven Chuâ—…ches for the Angells and the Churches are 〈◊〉 distinguished Rev. 1. 20 but it must be the seven Bishops of the Churches These were not Parochiall Churches each of them had many Pastors and many particular Flocks Beza confesseth that these Angellâ—… were Presidents over the other Presbiters but he believes not they had a priority of Power or that this Presidency was permanent but went by course If the Government went by turnes I would gladly know why one of them is called an Angell more then the other Surely he that shall reade the seven Epistles how some of them are commâ—…ended for their constancy and perseverance in their Government and others reprehended for suffering Heretickâ—… to continue in their Churches will find sufficient ground in every one of these Epistles to believe that they were not changeable every weeke or Moneth or quarter of a Yeare but constant and permanent Governours having power of Jurisdiction to represse abuses otherwise why are they taxed for the abuses done in their Diocesses if it were not in their power to remedy them And if he will give credit to the Testimony of the Primitive Fathers he may find both who sundry of these Angells or Bishops were and also who were their Successors Fourthly though in such variety of new Forms of Church Regiment he hath not expressed himselfe to what Forme he inclines saving that in one place â—…e speakes of a Iancto of Divines I cannot think but himselfe would have the naming of them yet we will suppose that which we are farre from believing that a few green Heads see more then all the Fathers and Councells and Schoolemen and that the Observers busy working braine could molde a Church better then all the Apostles Notwithstanding all this Saint Austins rule to Ianuarius is very considerable if you will not erre doe that which I use to do to whatsoever Church I come I apply my selfe to the Ceremonies thereof He would have added the Discipline also if there had been sundry Formes but there was none but Episcopâ—…y then in the world God is a mercifull God and lookes upon his Creatures with all prejudices of Education Habitation c. Faction is more offensive to him and breach of Charity more dangerous to the Soule then any unknown errour in Discâ—…pline much more where the errour is but supposed or feined and the Schisme apparent Now for the Discipline of the Church of England all Men know and grant that it hath ever been Episcopall In the publick Liturgy of our Church confirmed by Act of Parliament we pray for Bishops In our Booke of Ordination confirmed by the same Authority it is directly affirmed as evident by Scriptures and ancient Authours that from the time of the Apostles there have ever been these Orders of Ministers in Christs Church Bishops Priests and Deacons and that these Orders are appointed by the Holy Ghost In our Booke oâ—… Articles which conteins the received doctrin of our Church and therefore without doubt comes within the compasse of our late Protestation the same Book of Ordination is mainteined and it is plainely affirmed That there is nothing conteined in it which â—…s either superstitious or ungodly In the Apolâ—…gy of our Church published to the whole Christian World and by all Protestant Churches approved and applauded We declare that â—…e beleeve that there be diverse degrees of Ministers in the Church whereof some be Deacons some be Priests some Bishops Which being so it deserves some consideration which King Iames saith in the latter end of his Proclamation for Uniformity Such is the unquietnesse and unstedfastnesse of some dispositions affecting every yeare new forms of things as if they should be followed in their unconstancy would make all actions of States ridiculous and contemptible whereas the stedfast mainteining of things by good advise established is the weale of the Commonwealth I should not inlarge my selfe any further about this Consideration but for two reasons The one is I find it said by some that scarce any but Bishops have hitherto mainteined Bishops Take only three Testimonies of many they were all Members of the English Church yet all Strangers and all had lived in places opposite to Episcopall Government none of them either Bishops or their Chapleins or Expectants The first is King Iames the most learned of Kings I have alwayes thought that there ought to be Bishops in the Church according to the Apostolicall institution and by consequence Divine Ordination The second is Learned Bucer a Germane and imployed in the first Reformation of this Church to read Divinity in Cambridge one that was so opposite to Popery that after his Death his very bones were taken out of his Grave and burned by the Papists He is full in many places take one From the perpetuall observation of the Churches from the very Apostles themselves we see that it seemed good to the Holy Ghost that among the Ministers to whom the charge of the Church was especially committed one should undergoe a singular care of the Churches and the whole Ministery and in that care and sollicitude was before all the rest for which cause the name of a Bishop was peculiarly attributed to these highest Procurators of the Church The third is Peter Martyr at the same time imployed to reade Divinity at Oxford having expressed his consent concurrence with Saint â—…erome concerning Episcopacy he proceeds So far it is from us to bring confusion into the Church that rather we follow the same way for there is no Diocesse with us or Citty where of many Pastors there is not some one chosen excelling in Learning and Experience whom they call the Superintendent of the Church He convocates all the rest he admonisheth them he governs them according to the Word of God as the State of things requires The second reason is that I see it lately published to the World in Print that Doctor Whitakers Doctor Fulke and Doctor Reynolds were all Oppugners of Episcopacy Perhaps of Popish Episcopacy that is the abuse not the thing or of an absolute necessity by Divine Right of such and such an Episcopacy indowed with such or such degrees of Power or Preheminence or of such an Episcopacy as is held to differ from Presbiterate in the very power of Order but surely not of Episcopacy it selfe I wondred at the impudence of the Man It is a bad cause which stands in need to be underpropped with such pious impious frauds is onely fortified with hideous palpable Lyes if he fable in this let him have the just
Augustane confession and Apology That Bishops might easily have reteined their places if they would they protest that they are not guilty of the diminution of Episcopall Authority And for the Helvetian Churches it appeares by that letter of Zuiâ—…glius and ten others of their principall Divines to thâ—… Bishop of Constance in all humility and observancâ—… beseeching him To favour and helpe forward their beginnings as an excellent Worke and worthy of a Bishop they call him Father Renowned Prelate Bishop the implore his Clemency Wisdome Learning that 〈◊〉 would be the first Fruits of the Germaine Bishops favour true Christianity springing up againe to heaâ—… the wounded Conscience They beseech him by the coâ—…mon Christ by our Christian Liberty by that Father affection which he owes unto them by whatsoever was 〈◊〉 vine and humane to looke graciously upon them or he would not grant their desires yet to connive at theâ—… So he should make his Family yet more illustrious aâ—… have the perpetuall Tribute of their Prayses so would but shew himselfe a Father and grâ—…â—…he request of his obedient Sonnes They coâ—…clude God Almighty long preserve your Excellenâ—… Thirdly for the French Churches it is plain Calvine in one of his Epistles touching a Reform Bishop that should turne from Popery that he mâ—… retein His Bishoppricke his Diocesse yea even 〈◊〉 Revennues and his Iurisdiction Lastly it is objected that Bishops have been 〈◊〉 â—…troducers of Anti-Christian Tyranny and all otâ—… abuses into the Church One said of Phisitians tâ—… they were happy Men for the Sunne revealed their Cure and the Earth buried all their inâ—…mities contrarywise we may say of Governours that in this respect they are most unhappy Men for the Sun reveales all their infirmities nay more all the Ennormities of the Times and the aberrations of their Inferiours are imputed to them but the Earth buries all their cures Episcopacy hath been so farre from being an adjument to the Pope in his Tyrannicall invasion of the Libertyes of the Church that on the other side it was a principall meanes to stay and retard his usurpation as did well appeare at the Councell of Treat how little he was propitious to that Order and by the Example of Grodsted Bishop of Lincolne who was malleus Romanorum and many others And now much the rather when Bishops acknowledge no dependency upon him No Forme of Government was ever so absolute as to keep out all abuses Errors in Religion are not presently to be imputed to the Government of the Church Arrius Pelagius c. were no Bishops but on the other side if Bishops had not been God knows what Churches what Religion what Sacraments what Christ we should have had at this Day And wee may easily conjecture by that inundation of Sects which hath almost quite overwhelmed our poor Church on a suddain since the Authority of Bishops was suspended The present condition of England doth plead more powerfully for Bishops then all that have writ for Episcopacy since the Reformation of our Church I have made this digression by occasion of the Observers so often girding at Bishops he may either passe by it or take notice of it at his pleasure There are some small remainders of his worke but of no great moment as this That there is a disparity between naturall Fathers Lords Heads c. and Politicall Most true though the Observer hath not met with the most apposite instances otherwise they should be the very same thing every like is also dislike He conceives that there is onely some sleight resemblance between them but our Law saith expresly otherwise That His Majesty is very Head King Lord and Ruler of this Realme and that of meer droit and very right First very Head and Lord and then of meer droit and very right It is impossible the Law should speake more fully But the maine difference which may come near the question is this that the Power which is in a Father Lord c. moderately and distinctly is joyntly and more eminently in a Soveraigne Prince as was long since declared at Rome in the case between Fabius Maximus and his Sonne No Father could deserve more reverence from a Sonne yet he knew that Domestick command must veile and submit to Politicall and that the Authority of a Father of a Family doth disappear in the presence of the Father of a Country as lesser Starres do at the rising of the Sun But his maine ground is that the King is the Father Lord Head c. of His Subjects divisim but not conjunctim if you take them singly one by one but not of an intire collective Body So it seemes His Majesty is the King of Peter and Andrew not of England nor yet so much as of a whole Towne or Village yet the Observer himselfe can be contented to be the Lord of a whole Manour I conceive he learned this doctrine out of Schola Salerni Anglorum Regi c. If this assertion were true how extrmely hath the World been deceived hitherto and we have all forsworne our selves in our Oaths of Supremacy and Allegiance His Majesty is much bound to him for making him King of so many pretty little Kingdoms but as Titus Quinctius said of Antiochus his Souldiers when their Friends did set them out by parcells for Armies of Medes Elemites Cadusians That all these in one word were but Syrians So His Majesty is well contented to reduce all these Kingdoms of Microcosmes into one Kingdome of England if he may hold that in peace Such another Paradox is that which follows that Treason or Rebellion in Subjects is not so horrid in nature as oppression in Superiours One of the most absurd opinions and most destructive to all Societies that ever was devised By this new learning when the Master shall correct his Servant without sufficient ground in the Servants conceit he may take the Rod by the other end give His Master some remembrances to teach him his Office better If it be a little irregular yet it is the lesse fault upon these grounds Doth any Man think that the Observer instructs his Family with this doctrin at home out of his chaire beleeve it not By the very equity of this conclusion it should be a greater sinne for a Man to mispend what is his owne then to robbe or steale that which is not his own The Superiour though he abuse his power yet hath a right to it but the inferiour hath none How discrepant is this from the judgement of former times they thought no crime could be so great as that it ought to be punished with Parracide or that for discovery thereof a Servant should be examined against his Master or a Child against his Parent The Law of Parricides denyed lucem vivo fluctuanti mare naufrago portum morienti terram defuncto Sepulchrum Tully saith they were to be sowed up quick in a Sack and so cast into the River not to the wild Beasts
bear the same name with the whole so he may give the Authority of Parliament to a particular Committee or perhaps to a particular Member He saith it is virtually the Kingdome Not so it is virtually the Commons of the Kingdom not to all intents neither but to some purposes He addes that it is the great Councell of the Kingdom to which it belongs to provide that the Commonwealth receive no prejudice It is a part of the Great Councell and should provide for its safety as the grand inquest doth for the whole County by finding out the dangers and grievances and proposing remedyes but to prattle of a Majesty or plenitude of Soveraigne Power derived now at this time of the day from the People is to draw water out of a Pumice or to be mad with reason I have now answered all that the Observer hath brought throughout his Booke either concerning Hull or Sir John Hotham Now will he heare with patience what Hull Men say They say that Sir John hath been a prime occasion of these Distempers as the most severe and zealous Collector of Ship-mony that ever was in his Sheâ—…ivealty a president to the rest of the Kingdome not onely an Executor of the commands of others but also a Plotter and Contriver of this businesse That he hath had not 〈◊〉 Moneths mind but sixteen yeares mind to the Government of Hull ever since the Wars with Spain upon all occasions and as an introduction to his designes hath gotten the Traine bands of Hull added to his Regiment That his Friends have been the Raisers and Fomenters of these Feares and Jealousies of the surprising of Hull sometimes by the Lord of Dunbarres Men that were trained under ground surely they were not men but Serpents Teeth that should be turned into armed Men sometimes by Mr. Terret a Lincolnshire Gentleman and his Troopes of Horse a fine devise indeed to have surprised Hull on a suddain with horse and with horse from Lincolnshire who knows how they should have got over Humber unlesse they were winged They say that before ever the Kâ—…ngdome took any notice of a breach between the King and the Parliament Master Hotham openly divided them at Hull They that are for the King stand there and they that are for the Parliament stand here did he know nothing then judge you They tell who it was that threw away His Majestyes Letter in scorn and told the Major of Hull it was worth nothing who it was that commanded the Burgesses upon pain of Death to keep in their Houses and not to appeare when His Majesty repaired to Hull who it was that caused the bonefires to be put out upon the day of His Majestyes inauguration upon pretended fear of the Magazine whereas at the same time his Souldiers had a great fire under the very Walls of it who it was that desired of the Townes Men of Hull a certificate to the Parliament that His Majesty came against Hull in an Hostâ—…le manner with greater numbers then he had which was refused by the greater and sounder part as good reason they had both because it was untrue and also because during all the same time they were confined to their Houses upon pain of Death who it was that administred an Oath or Protestation to the Townes Men of Hull so directly opposite both to their Oath of Allegiance and to the Oath which they take when they are admitted Burgesses or Freemen of that Corporation They say Mr. Hothams Motâ—…o of his Cornet is For the publick liberty but that it was not for the publick Liberty either for him to promise the Townes men that none should be troubled with billeting Souldiers against their wills and so soon as he was gotten into Hull to fill their houses with Billiters and tell them it was Policy of State to promise fair till they were in possession or for his Father to hold a Pistoll to the brest of the Kings Lieutenant to beate and imprison their Persons to banish them from their habitations to drown their Corne and Meddow to burn their Houses to robbe them of their goods and allow the owner but ten pounds out of a thousand for the maintenance of himselfe his wife and Children to suffer his Officers to charge an honest Woman with fellony for comming into her own house because her Husband was a Delinquent and Sir Iohn had disposed his goods If you desire to know where was the first forcing of billets it was at Hull where was the first plundering of goods at Hull the first drowning of Grounds at Hull where was the first burning of Houses at Myton neare Hull where was the first shedding of blood at Anlaby near Hull and to aggravate the matter in a time of Treaty and expectation of Peace They say the first men banished from their Habitations were Mr. Thornton Mr. Cartwright Mr. Perkins Mr. Faireburne Mr. Kerny Mr. Topham Mâ—… Watson Mr. Dobson of Hull They say the first Impositionof four pound a Tunne upon some kind of Commodityes was at Hull and wish that the Father had been translated into Lincolnshire with the Sonne that Yorkeshire might have sung Laetentur Caeli c. You have seen what they say whereof I am buâ—… the Relater if it seem too sharpâ—… blame the Pellicaâ—… and not me Now I must crave a word with the Towne Besides the oath of Allegiance which every good Subject hath taken or ought to take every Burgesse of that Town takes another Oath at his admission to keep that Towne and the Blockhouses to the use of the King and his Heires not of the King and Parliament I cannot now procure the Copy to a word but I shall set down the like Oath for Yorke and of the two the oath of Hull is stricter I desire the Londoners and all the strong Townes in the Kingdom who I conceive have taken the same form of Oath to take it into serious consideration for their Soules health This heare ye my Lord Major Mr. Chamberlenâ—… and good Men that I from hence forth shall be trusty and true to Our Soveraigne Lord the King and to this Citty And this same Citty I shall save and maintein to our said Soveraigne Lord the King His Heires and Successors c. So helpe me God The Oath beginnes as solemnely as that of the Romane Faeciall Heare O Iupiter and thou Iuâ—… Quirinus thou c. And being affirmative though it bind not a Townes-man ad semper to be alwayes upon the Walls in Arms yet it binds him semper to be ready upon all necessityes it binds him never to doe any thing that may be contrary to his Oath And was not that Protestation contrary which was by Sir Iohn Hotham imposed upon the Inhabitants of Hull and by them taken Forasmuch as the King being seduced by wicked and evill Counsell intends to make Warre against this Towne of Hull who have done nothing but by Order of Parliament We therefore whose names
are here under written doe protest before Almighty God and all good Christians to be ready with all cheerfullnesse and willingnesse to our powers with our Lifes and Estates to defend the same against all opposition whatsoever Observe first what Gudgeons he makes them swallow How doe they know that the King is seduced Sir Iohn tells them so Or that His Majesty intended to make Warre against Hull unlesse because their Consciences told them they had given him just grounds to doe so It was Sir John Hotham not the Town of Hull which was accused by His Majesty Observe how he makes his act the act of the whole Town who have done nothing and yet they poore men were mued up in their Houses whilest it was a doing Lastly how they affirme that he hath done nothing but by order of Parliament yet it is certain many who were require to protest and were banished for not proâ—…esting I believe not one of them all did ever yet see this Order how could they see that which never was for these men to know that he had an Order to know that he did not exceed his Order is miraculous Upon these feined grounds they build their solemne Protestation what to doe To defend Hull against all opposition whatsoever His Majesty is not excepted and the first words For as much as thâ—… King being seduced c. shews that His Majesty is principally intended To save and defend the Town to Our Soveraigne Lord the King and His Heires So saith the Oath To defend it against all opposition whatsoever yea of the King seduced so saith the Protestation Now if these two be not repugnant directly one to another if every man that hath taken this Protestation be not directly perjured Reddat mihi minam Diogenes Let him that taught me Logique give my mony again What is this but to intangle and ingage God in Rebellion and to put his broad Seale to Letters counterfeited by themselves They suffered much who were banished for not protesting but they more who stayed at home with such hazard of their Soules Some men may be so silly as to aske whether of these two ingagements the Oath or the Protestation ought to be kept The case is clear the former Obligation doth alwayes prejudge the latter the latter Will is best but the first Oath The Protestation is plaine perjury and to persevere in it is to double the sinne Dura promissio aecerbior solutio to make the Protestation was ill to keep it is worse David protested as much against Naball yet upon better consideration ensem in vaginaâ—… revocavit he retracted it Secondly an Oath made by one that is not sui juris who hath not power over him selfe in that which he sweares is voide even when it is made As for a Child or a Wife to sweare against their Filiall or Conjugall Duty or for a Subject to sweaâ—… against his Allegiance and such an one was that Protestation this is sufficient to make it voide To which much more might be added as that the former Oaths were grounded both upon a naturall and a civill Obligation were freely assumed but this Protestation was meerely forced the former were taken before a lawfull Magistrate the latter before an Intruder who had no power to administer such a Protestation But I have dwelt long enough on this point I wish our great Citties who have taken the like Oath may lay it to heart In the close of this point the Observer tells us that if Faux had fallen by a private mans sword in the very instant when he would have given fire to his train that act had not been punishable What then will he compare the Soveraigne Magistrate to a Powder Traytour or his undermining the Parliament House with the Kings repairing to his own Town or his blowing up His Majesty and the Peeres with the Kings requiring his own goods This is false and painted fire the traine was laide the other way Quicquid ostendat mihi sic incredulus odi The next considerable Observation is concerning Ireland A Tragicall Subject which may justly challenge our teares and prayers The Observer falls upon this in the 17. 29. and 36. pages of this Treatise and likewise in his Observator defended and other Discourses lately published either without a name or under another name The condition of Ireland is so much the more to be deplored by how much the lesse it could then be expected when Religion began to shew its beames over the face of that Kingdom yea without any pressure to the Conscience of any man except such as were introducers of innovations into the publike service of the Church when the Law had obteined a free current throughout the whole Island when the scale of equity gave the same weight to Gold and Lead and the equall administration of Justice to Rich and Poore did secure the inferiour Subjects from oppression when there was a dayly growth of all Arts and Trades and Civility when that which was formerly so great a burthen to this Crown in the ordinary accounts every year was now become able not onely to defray its own charge but also make a large supply to His Majestyes Revenue when all the orders of that Kingdom had so lately given an unanimous expression of their Zeal and Devotion to His Majestyes Service That on a suddain the Sky should be so totally overcast with a pitchy cloud of Rebellion That all our fairest hopes should be so unexpectedly nipped in the bud deserves a little inquisition into the true reason of it Some who have long since learned that a dead man cannot bite are bold to cast it on the Earle of Straffords score how justly let these two considerations witnesse First that the prime Actors in this Warre were as great opposers and Prosecutors of the Earle Members of the same Faction may feine quarrells among themselves in publike only to gain upon a credulous party and to inable themselves to doe more mischief but this never proceeds so far as blood Secondly looke who they are in Ireland whose Heroicall actions in such a scarcity of necessary supplyes have mainteined the English and the Protestant cause and you shall find very many of them the intimate Friends of the Earl of Strafford and principall Commanders in the Irish Army called the Popish Army which was said to be intended against England if you inquire further into the long Robe for Counsell you will find the same observation made good Then let the Earles ashes rest in peace for this Others bred out of the excrements of those Giants who made Warre against Heaven cast this upon his sacred Majesty To use the Observers words An absurd unreasonable incredible supposition That he who may boast more truely then Pericles could upon his deathbed that never one Athenian did wear black for his sake Now as if all his former goodnesse were but personated or Neroes Soule had transmigrated into his Body should delight