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A44019 Tracts of Mr. Thomas Hobbs of Malmsbury containing I. Behemoth, the history of the causes of the civil wars of England, from 1640 to 1660, printed from the author's own copy never printed (but with a thousand faults) before, II. An answer to Arch-bishop Bramhall's book called the catching of the Leviathan, never before printed, III. An historical narration of heresie and the punishment thereof, corrected by the true copy, IV. Philosophical problems dedicated to the King in 1662, but never printed before.; Selections. 1682 Hobbes, Thomas, 1588-1679. 1682 (1682) Wing H2265; ESTC R19913 258,262 615

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of Henry the third the Lords were descended most of them from such as in the Invasions and Conquests of the Germans were Peers and Fellow-Kings till one was made King of them all and their Tenants were their Subjects as it is at this day with the Lords of France but after the time of Henry the third the Kings began to make Lords in the place of them whose Issue failed Titulary only without the Lands belonging to their Title and by that means their Tenants being no longer bound to serve them in the Wars they grew every day less and less able to make a Party against the King though they continued still to be his Great Councel And as their Power decreased so the Power of the House of Commons increased but I do not find they were part of the King's Councel at all nor Judges over other men though it cannot be denied but a King may ask their advice as well as the advice of any other but I do not find that the end of their summoning was to give advice but only in case they had any Petitions for redress of Grievances to be ready there with them whilst the King had his Great Councel about him But neither they nor the Lords could present to the King as a Grievance That the King took upon him to make the Laws To choose his own Privy-Councellors To raise Money and Soldiers To defend the Peace and Honour of the Kingdom To make Captains in his Army To make Governours of his Castles whom he pleased for this had been to tell the King that it was one of their Grievances that he was King B. What did the Parliament do whilst the King was in Scotland A. The King went in August after which the Parliament September the 8 th adjourned till the 20 th of October and the King return'd about the end of November following in which time the most seditious of both Houses and which had design'd the change of Government and to cast off Monarchy but yet had not wit enough to set up any other Government in its place and consequently left it to the chance of War made a Cabal amongst themselves in which they projected how by seconding one another to govern the House of Commons and invented how to put the Kingdom by the power of that House into a Rebellion which they then called a posture of Defence against such dangers from abroad as they themselves should feign and publish Besides whilst the King was in Scotland the Irish Papists got together a great Party with an intention to Massacre the Protestants there and had laid a Design for the seizing of Dublin Castle in October the 20 th where the King's Officers of the Government of that Countrey made their Residence and had effected it had it not been discovered the night before The manner of the Discovery and the Murders they committed in the Country afterwards I need not tell you since the whole Story of it is extant B. I wonder they did not expect and provide for a Rebellion in Ireland as soon as they began to quarrel with the King in England for was there any body so ignorant as not to know that the Irish Papists did long for a change of Religion there as well as the Presbyterians in England Or that in general the Irish Nation did hate the name of Subjection to England Or would longer be quiet than they feared an Army out of England to chastise them What better time then could they take for their Rebellion than this wherein they were encouraged not only by our weakness caused by this division between the King and his Parliament but also by the Example of the Presbyterians both of the Scotch and English Nation But what did the Parliament do upon this occasion in the King's absence A. Nothing but consider what use they might make of it to their own ends partly by imputing it to the King 's evil Counsellors and partly by occasion thereof to demand of the King the power of pressing and ordering of Soldiers which power whosoever has has also without doubt the whole Sovereignty B. When came the King back A. He came back the 25 th of November and was welcomed with the Acclamations of the Common People as much as if he had been the most beloved of all the Kings that were before him but found not a Reception by the Parliament answerable to it They presently began to pick new quarrels against him out of every thing he said to them December the second the King called together both Houses of Parliament and then did only recommend unto them the raising of Succors for Ireland B. What quarrel could they pick out of that A. None but in order thereto as they may pretend they had a Bill in agitation to assert the Power of Levying and Pressing Soldiers to the two Houses of the Lords and Commons which was as much as to take from the King the Power of the Militia which is in effect the whole Sovereign Power for he that hath the power of Levying and Commanding of the Soldiers has all other Rights of Sovereignty which he shall please to claim The King hearing of it called the Houses of Parliament together again on December the 14 th and then pressed again the business of Ireland as there was need for all this while the Irish were murdering of the English in Ireland and strengthening themselves against the Forces they expected to come out of England and withal told them he took notice of the Bill in agitation for pressing of Soldiers and that he was contented it should pass with a Salvo Jure both for him and them because the present time was unseasonable to dispute it in B. What was there unreasonable in this A. Nothing What 's unreasonable is one question what they quarrel'd at is another They quarrel'd at this That his Majesty took notice of the Bill while it was in debate in the House of Lords before it was presented to him in the course of Parliament and also that he shewed himself displeas'd with those that propounded the said Bill both which they declared to be against the Priviledges of Parliament and petitioned the King to give them reparation against those by whose evil Counsel he was induced to it that they might receive condign punishment B. This was cruel proceeding Do not the Kings of England use to sit in the Lords House when they please And was not this Bill in debate then in the House of Lords It is a strange thing that a Man should be lawfully in the company of Men where he must needs hear and see what they say and do and yet must not take notice of it so much as to the same company for though the King was not present at the Debate it self yet it was lawful for any of the Lords to make him acquainted with it Any one of the House of Commons though not present at a Proposition or Debate in
else want lawful Heirs to succeed him by which means being not taken for the Head of the Church he was sure in any Controversie between him and the Pope that his Subjects would be against him B. Is not a Christian King as much a Bishop now as the Heathen Kings were of old for among them Episcopus was a Name common to all Kings Is not he a Bishop now to whom God hath committed the charge of all the Souls of his Subjects both of the Laity and the Clergy And though he be in relation to our Saviour who is the chief Pastor but a Sheep yet compared to his own Subjects they are all Sheep both Laique and Clerique and he only Shepherd And seeing a Christian Bishop is but a Christian endued with power to govern the Clergy it follows that every Christian King is not only a Bishop but an Arch-bishop and his whole Dominion his Diocess And though it were granted that Imposition of Hands is necessary from a Priest yet seeing Kings have the Government of the Clergy that are his Subjects even before Baptism the Baptism it self wherein he is receiv'd as a Christian is a sufficient Imposition of Hands so that whereas before he was a Bishop now he is a Christian Bishop A. For my part I agree with you This Prohibition of Marriage to Priests came in about the time of Pope Gregory the 7 th and William the first King of England by which means the Pope had in England what with Secular and what with Regular Priests a great many lusty Batchelors at his service Secondly That Auricular Confession to a Priest was necessary to Salvation 'T is true that before that time Confession to a Priest was usual and performed for the most part by him that confessed in writing but that use was taken away about the time of King Edward the third and Priests commanded to take Confessions from the Mouth of the Confitent and Men did generally believe that without Confession and Absolution before their departure out of the World they could not be saved and having Absolution from a Priest that they could not be damn'd You understand by this how much every Man would stand in awe of the Pope and Clergy more than they would of the King and what Inconvenience it is to a State for their Subjects to confess their secret Thoughts to Spies B. Yes as much as Eternal Torture is more terrible than Death so much they would fear the Clergy more than the King A. And though perhaps the Roman Clergy will not maintain that a Priest hath power to remit sins absolutely but only with a condition of repentance yet the People were never so instructed by them but were left to believe that whensoever they had Absolution their precedent sins were all discharged when their Penance which they took for Repentance was perform'd Within the same time began the Article of Transubstantiation for it had been disputed a long time before in what manner a Man did eat the Body of our Saviour Jesus Christ as being a Point very difficult for a Man to conceive and imagine clearly but now it was made very clear that the Bread was transubstantiated into Christs Body and so was become no more Bread but Flesh. B. It seems then that Christ had many Bodies and was in as many places at once as there were Communicants I think the Priests then were so wanton as to insult upon the dulness not only of Common People but also of Kings and their Councellors A. I am now in a Narration not in a Disputation and therefore I would have you at this time to consider nothing else but what effect this Doctrine would work upon Kings and their Subjects in relation to the Clergy who only were able of a piece of Bread to make our Saviour's Body and thereby at the hour of death to save their Souls B. For my part it would have an effect on me to make me think them Gods and to stand in awe of them as of God himself if he were visibly present A. Besides these and other Articles tending to the upholding of the Popes Authority they had many fine Points in their Ecclesiastical Politie conducing to the same end of which I will mention only such as were established within the same time For then it was the Order came up of Preaching Friars that wandred up and down with power to preach in what Congregation they pleased and were sure enough to instil into the People nothing that might lessen the Obedience to the Church of Rome but on the contrary whatsoever might give advantage to it against the Civil Power Besides they privately insinuated themselves with Women and Men of weak Judgment confirming their adherence to the Pope and urging them in the time of their sickness to be beneficial to it by contribution of Money or building Religious Houses or Pious Works and necessary for the remission of their sins B. I do not remember that I have read of any Kingdom or State in the World where liberty was given to any private Man to call the People together and make Orations frequently to them or at all without first making the State acquainted except only in Christendome I believe the Heathen Kings foresaw that a few such Orators would be able to make a great Sedition Moses did indeed command to read the Scriptures and expound them in the Synagogues every Sabbath-day but the Scriptures then were nothing else but the Laws of the Nation delivered unto them by Moses himself and I believe it would do no hurt if the Laws of England also were often read and expounded in the several Congregations of English-men at times appointed that they may know what to do for they know already what to believe A. I think that neither the preaching of Friers nor Monks nor of Parochial Priests tended to teach Men what but whom to believe for the Power of the Mighty hath no foundation but in the opinion and belief of the People and the end which the Pope had in multiplying Sermons was no other but to prop and enlarge his own Authority over all Christian Kings and States Within the same time that is between the time of the Emperor Charles the Great and of King Edward the third of England began their second Politie which was to bring Religion into an Art and thereby to maintain all the Decrees of the Roman Church by disputation not only from the Scriptures but also from the Philosophy of Aristotle both Moral and Natural and to that end the Pope exhorted the said Emperor by Letter to erect Schools of all kinds of Literature and from thence began the Institution of Universities for not long after the Universities began in Paris and in Oxford It is true that there were Schools in England before that time in several places for the instruction of Children in the Latin Tongue that is to say in the Tongue of the Church but for an University of
Learning there was none erected till that time thoogh it be not unlikely there might be then some that taught Philosophy Logick and other Arts in divers Monasteries the Monks having little else to do but to study After some Colledges were built to that purpose it was not long time before many more were added to them by the devotion of Princes and Bishops and other wealthy Men and the Discipline therein was confirmed by the Popes that then were and abundance of Scholars sent thither by their Friends to study as to a place from whence the way was open and easie to Preferment both in Church and Common-wealth The profit the Church of Rome expected from them and in effect receiv'd was the maintenance of the Popes Doctrine and of his Authority over Kings and their Subjects by School-Divines who striving to make good many Points of Faith incomprehensible and calling in the Philosophy of Aristotle to their assistance wrote great Books of School-Divinity which no man else nor they themselves were able to understand as any man may perceive that shall consider the Writings of Peter Lombard or Scotus or of him that wrote Commentaries upon him or of Suarez or any other School-Divine of later times which kind of Learning nevertheless hath been much admir'd by two sorts of Men otherwise prudent enough the one of which sorts were of those that were already devoted and really affectionate to the Roman Church for they believed the Doctrine before but admir'd the Arguments because they understood them not and yet found the Conclusions to their mind The other sort were negligent Men that had rather admire with others than take the pains to examine So that all sorts of People were fully resolv'd that both the Doctrine was true and the Pope's Authority no more than what was due to him B. I see that a Christian King or State how well soever provided he be of Money and Arms where the Church of Rome hath such Authority will have but a hard match of it for want of Men for their Subjects will hardly be drawn into the Field and fight with courage against their Consciences A. It is true that great Rebellions have been raised by Church-men in the Popes quarrel against Kings as in England against King John and in France against King Henry the 4 th wherein the Kings had a more considerable part on their sides than the Pope had on his and shall always have so if they have Money for there are but few whose Consciences are so tender as to refuse Money when they want it But the great mischief done to Kings upon pretence of Religion is when the Pope gives power to one King to invade another B. I wonder how King Henry the 8 th could then so utterly extinguish the Authority of the Pope in England and that without any Rebellion at home or any Invasion from abroad A. First the Priests Monks and Friars being in the heighth of their power were now for the most part grown insolent and licentious and thereby the force of their Arguments was now taken away by the scandal of their Lives which the Gentry and Men of good Education easily perceived and the Parliament consisting of such persons were therefore willing to take away their Power and generally the Common People which from a long Custom had been in love with Parliaments were not displeased therewith Secondly the Doctrine of Luther beginning a little before was now by a great many men of the greatest Judgments so well received as that there was no hope to restore the Pope to his Power by Rebellion Thirdly the Revenue of Abbies and all other Religious Houses falling hereby into the Kings Hands and by him being disposed of to the most Eminent Gentlemen in every County could not but make them do their best to confirm themselves in the possession of them Fourthly King Henry was of a Nature quick and severe in the punishing of such as should be the first to oppose his Designs Lastly as to Invasion from abroad in case the Pope had given the Kingdom to another Prince it had been in vain for England is another manner of Kingdom than Navarre Besides the French and Spanish Forces were employed at that time one against another and though they had been at leisure they would have found perhaps no better success than the Spaniards found afterwards in 1588. Nevertheless notwithstanding the Insolence Avarice and Hypocrisie of the then Clergy and notwithstanding the Doctrine of Luther if the Pope had not provoked the King by endeavouring to cross his Marriage with his second Wife his Authority might have remained in England till there had risen some other quarrel B. Did not the Bishops that then were and had taken an Oath wherein was amongst other things that they should defend and maintain the Regal Rights of St. Peter the words are Regalia Sancti Petri which nevertheless some have said are Regulas Sancti Petri that is to say St. Peter's Rules or Doctrine and that the Clergy afterward did read it being perhaps written in Short-hand by a mistake to the Pope's advantage Regalia Did not I say the Bishops oppose that Act of Parliament against the Pope and against the taking of the Oath of Supremacy A. No I do not find the Bishops did many of them oppose the King for having no power without him it had been great imprudence to provoke his anger There was besides a Controversie in those times between the Pope and the Bishops most of which did maintain that they exercised their Jurisdiction Episcopal in the Right of God as immediately as the Pope himself did exercise the same over the whole Church And because they saw that by this Act of the King in Parliament they were to hold their Power no more of the Pope and never thought of holding it of the King they were perhaps better content to let that Act of Parliament pass In the Reign of King Edward the 6 th the Doctrine of Luther had taken so great root in England that they threw out also a great many of the Popes new Articles of Faith which Queen Mary succeeding him restored again together with all that had been abolished by Henry the 8 th saving that which could not be restored the Religious Houses and the Bishops and Clergy of King Edward were partly burnt for Hereticks partly fled and partly recanted and they that fled betook themselves to those places beyond Sea where the Reformed Religion was either protected or not persecuted who after the decease of Queen Mary returned again to favour and preferment under Queen Elizabeth that restored the Religion of her Brother King Edward And so it hath continued till this day excepting the Interruption made in this late Rebellion of the Presbyterians and other Democratical Men. But though the Romish Religion were now cast out by the Law yet there were abundance of people and many of them of the Nobility that still retained the Religion of
but no knowledge of what they are nor any method of obtaining Vertue nor of avoiding Vice The end of Moral Philosophy is to teach men of all sorts their duty both to the Publick and to one another They estimate Vertue partly by a Mediocrity of the Passions of men and partly by that that they are praised whereas it is not the Much or Little Praise that makes an Action vertuous but the Cause nor much or little blame that makes an Action vitious but its being unconformable to the Laws in such men as are subject to the Law or its being unconformable to Equity or Charity in all men whatsoever B. It seems you make a difference between the Ethicks of Subjects and the Ethicks of Sovereigns A. So I do The Vertue of a Subject is comprehended wholly in obedience to the Laws of the Common-wealth To obey the Laws is Justice and Equity which is the Law of Nature and consequently is Civil Law in all Nations of the World and nothing is Injustice or Iniquity otherwise than it is against the Law Likewise to obey the Laws is the Prudence of a Subject for without such obedience the Common-wealth which is every Subject's safety and protection cannot subsist And though it be prudence also in private men justly and moderately to enrich themselves yet craftily to with-hold from the Publick or defraud it of such part of their wealth as is by Law requir'd is no sign of prudence but of want of knowledge of what is necessary for their own defence The Vertues of Sovereigns are such as tend to the maintenance of peace at home and to the resistance of Forreign Enemies Fortitude is a Royal Vertue and though it be necessary in such private men as shall be Soldiers yet for other men the less they dare the better it is both for the Common-wealth and for themselves Frugality though perhaps you will think it strange is also a Royal Vertue for it increases the Publick Stock which cannot be too great for the Publick Use nor any man too sparing of what he has in trust for the good of others Liberality also is a Royal Vertue for the Common-wealth cannot be well served without extraordinary diligence and service of Ministers and great fidelity to their Sovereigns who ought therefore to be encouraged and especially those that do him service in the Wars In sum all Actions and Habits are to be esteemed good or evil by their causes and usefulness in reference to the Common-wealth and not by their Mediocrity nor by their being commended for several men praise several Customs and that which is Vertue with one is blamed by others and contrarily what one calls Vice another calls Vertue as their present affections lead them B. Methinks you should have placed among the Vertues that which in my opinion is the greatest of all Vertues Religion A. So I have though it seems you did not observe it But whither do we digress from the way we were in B. I think you have not digressed at all for I suppose your purpose was to acquaint me with the History not so much of those Actions that pass'd in the time of the late Troubles as of their Causes and of the Councels and Artifice by which they were brought to pass There be divers men that have written the History out of whom I might have learned what they did and somewhat also of the Contrivance but I find little in them of what I would ask Therefore since you were pleas'd to enter into this discourse at my request be pleased also to inform me after my own method and for the danger of confusion that may arise from that I will take care to bring you back to the place from whence I drew you for I well remember where it was A. Well then To your question concerning Religion in as much as I told you that all Vertue is comprehended in Obedience to the Laws of the Common-wealth whereof Religion is one I have placed Religion amongst the Vertues B. Is Religion then the Law of a Common-wealth A. There is no Nation in the World whose Religion is not established and receives not its Authority from the Laws of that Nation It is true that the Law of God receives no evidence from the Laws of Men but because Men can never by their own wisdom come to the knowledge of what God hath spoken and commanded to be observ'd nor be obliged to obey the Laws whose Author they know not they are to acquiesce in some Humane Authority or other So that the Question will be whether a Man ought in matter of Religion that is to say when there is question of his duty to God and the King to rely upon the preaching of their Fellow-Subjects or of a Stranger or upon the Voice of the Law B. There is no great difficulty in that Point for there is none that preach here or any where else at least ought to preach but such as have Authority so to do from him or them that have the Sovereign Power so that if the King gives us leave you or I may as lawfully preach as them that do and I believe we should perform that Office a great deal better than they that preached us into the Rebellion A. The Church Morals are in many Points very different from these that I have here set down for the Doctrine of Vertue and Vice and yet without any conformity with that of Aristotle For in the Church of Rome the principal Vertues are to obey their Doctrine though it be Treason and that is to be Religious To be beneficial to the Clergy that is their Piety and Liberality and to believe upon their word that which a man knows in his Conscience to be false which is the Faith they require I could name a great many more such Points of their Morals but that I know you know them already being so well versed in the Cases of Conscience written by their School-men who measure the goodness and wickedness of all Actions by their congruity with the Doctrine of the Roman Clergy B. But what is the Moral Philosophy of the Protestant Clergy in England A. So much as they shew of it in their Life and Conversation is for the most part very good and of very good example much better than their Writings B. It happens many times that men live honestly for fear who if they had power would live according to their own Opinions that is if their Opinions be not right unrighteously A. Do the Clergy in England pretend as the Pope does or as the Presbyterians do to have a Right from God immediately to govern the King and his Subjects in all Points of Religion and Manners if they do you cannot doubt but that if they had number and strength which they are never like to have they would attempt to obtain that Power as the others have done B. I would be glad to see a Systeme of the present Morals written by
shall approve of that the Servants then about them against whom the Houses have just exception should be removed 5. That no Marriage be concluded or treated of for any of the King's Children without consent of Parliament 6. That the Laws in force against Jesuits Priests and Popish Recusants be strictly put in execution 7. That the Votes of Popish Lords in the House of Peers be taken away and that a Bill be passed for the education of the Children of Papists in the Protestant Religion 8. That the King will be pleased to reform the Church-Government and Lyturgy in such manner as both Houses of Parliament shall advise 9. That he would be pleased to rest satisfied with that Course that the Lords and Commons have appointed for ordering the Militia and recall his Declarations and Proclamations against it 10. That such Members as have been put out of any Place or Office since this Parliament began may be restored or have satisfaction 11. That all Privy-Councellors and Judges take an Oath the form whereof shall be agreed on and setled by Act of Parliament for the maintaining the Petition of Right and of certain Statutes made by the Parliament 12. That all the Judges and Officers placed by Approbation of both Houses of Parliament may hold their places quam diu bene se gesserint 13. That the Justice of Parliament may pass upon all Delinquents whether they be within the Kingdom or fled out of it and that all persons cited by either House of Parliament may appear and abide the Censure of Parliament 14. That the General Pardon offered by his Majesty be granted with such Exceptions as shall be advised by both Houses of Parliament B. What a spiteful Article was this All the rest proceeded from Ambition which many times well-natur'd men are subject to but this proceeded from an inhumane and devilish cruelty A. 15. That the Forts and Castles be put under the Command of such persons as with the Approbation of the Parliament the King shall appoint 16. That the extraordinary Guards about the King be discharged and for the future none raised but according to the Law in case of actual Rebellion or Invasion B. Methinks these very Propositions sent to the King are an actual Rebellion A. 17. That his Majesty enter into a more strict Alliance with the United Provinces and other Neighbour Protestant Princes and States 18. That his Majesty be pleased by Act of Parliament to clear the Lord Kimbolton and the five Members of the House of Commons in such manner as that future Parliaments may be secur'd from the consequence of that evil President 19. That his Majesty be pleased to pass a Bill for restraining Peers made hereafter from sitting or voting in Parliament unless they be admitted with consent of both Houses of Parliament These Propositions granted they promise to apply themselves to regulate his Majesties Revenue to his best advantage and to settle it to the support of his Royal Dignity in Honour and Plenty and also to put the Town of Hull into such Hands as his Majesty shall appoint with consent of Parliament B. Is not that to put it into such hands as his Majesty shall appoint by the consent of the Petitioners which is no more than to keep it in their hands as it is Did they want or think the King wanted common sense so as not to perceive that their promise herein was worth nothing A. After the sending of these Propositions to the King and his Majesties refusal to grant them they began on both sides to prepare for War The King raising a Guard for his Person in York-shire and the Parliament thereupon having Voted that the King intended to make War upon his Parliament gave order for the mustering and exercising the People in Arms and published Propositions to invite and incourage them to bring in either ready Money or Plate or to promise under their hands to furnish and maintain certain numbers of Horse Horse-men and Arms for the defence of the King and Parliament meaning by King as they had formerly declar'd not his Person but his Laws promising to repay their Money with Interest of 8 l. in the 100 l. and the value of their Plate with 12 d. the Ounce for the fashion On the other side the King came to Nottingham and there did set up his Standard Royal and sent out Commissions of Array to call those to him which by the Ancient Laws of England were bound to serve him in the Wars Upon this occasion there passed divers Declarations between the King and Parliament concerning the Legality of this Array which are too long to tell you at this time B. Nor do I desire to hear any Mooting about this Question for I think that general Law of Salus Populi and the Right of defending himself against those that had taken from him the Sovereign Power are sufficient to make legal whatsoever he should do in order to the recovery of his Kingdom or to the punishing of the Rebels A. In the mean time the Parliament raised an Army and made the Earl of Essex General thereof by which Act they declared what they meant formerly when they petition'd the King for a Guard to be commanded by the said Earl of Essex and now the King sends out his Proclamations forbidding obedience to the Orders of the Parliament concerning the Militia and the Parliament send out Orders against the Execution of the Commissions of Array Hitherto though it were a War before yet there was no Blood shed they shot at one another nothing but paper B. I understand now how the Parliament destroyed the Peace of the Kingdom and how easily by the help of seditious Presbyterian Ministers and of Ambitious Ignorant Orators they reduced this Government into Anarchy but I believe it will be a harder Task for them to bring in Peace again and settle the Government either in themselves or any other Governor or form of Government For granting that they obtained the Victory in this War they must be beholding for it to the Valor good Conduct or Felicity of those to whom they give the Command of their Armies especially to the General whose good success will without doubt draw with it the Love and Admiration of the Soldiers so that it will be in his power either to take the Government upon himself or to place it where himself thinks good In which case if he take it not to himself he will be thought a Fool and if he do he shall be sure to have the envy of his subordinate Commanders who look for a share either in the present Government or in the Succession to it for they will say has he obtain'd this power by his own without our Danger Valor and Counsel and must we be his Slaves whom we have thus raised Or is not there as much Justice on our side against him as was on his side against the King A They will and did in so much that the reason why
to perform July the 11 th the Parliament sent their Propositions to the King at New-Castle which Propositions they pretended to be the only way to a setled and well grounded Peace They were brought by the Earl of Pembroke the Earl of Suffolk Sir Walter Earle Sir John Hyppesly Mr. Goodwin and Mr. Robinson whom the King asked if they had power to Treat and when they said no why they might not as well have been sent by a Trumpeter The Propositions were the same dethroning ones which they used to send and therefore the King would not assent to them Nor did the Scots swallow them at first but made some exceptions against them only it seems to make the Parliament perceive they meant not to put the King into their hands gratis And so at last the bargain was made between them and upon the payment of 200000 l. the King was put into the hands of the Commissioners which the English Parliament sent down to receive him B. What a vile Complexion has this Action compounded of feigned Religion and very Covetousness Cowardice Perjury and Treachery A. Now the War that seemed to justifie many unseemly things is ended you will see almost nothing else in these Rebels but baseness and falseness besides their folly By this time the Parliament had taken in all the rest of the Kings Garrisons whereof the last was Pendennis Castle whither Duke Hamilton had been sent Prisoner by the King B. What was done during this time in Ireland and Scotland A. In Ireland there had been a Peace made by order from his Majesty for a time which by Divisions amongst the Irish was ill kept the Popish Party the Pope's Nuntio being then there took this to be the time for delivering themselves from their subjection to the English Besides the time of the Peace was now expir'd B. How were they subject to the English more than the English to the Irish They were subject to the King of England but so also were the English to the King of Ireland A. This Distinction is somewhat too subtil for common Understandings In Scotland the Marquess of Montrosse for the King with a very few Men and miraculous Victories had over-run all Scotland where many of his Forces out of too much security were permitted to be absent for a while of which the Enemy having Intelligence suddenly came upon them and forced them to fly back into the Highlands to recruit where he began to recover strength when he was commanded by the King then in the hands of the Scots at New-Castle to disband and he departed from Scotland by Sea In the end of the same year 1646. the Parliament caused the Kings Great Seal to be broken also the King was brought to Holmeby and there kept by the Parliaments Commissioners and here was an end of that War as to England and Scotland but not to Ireland About this time also died the Earl of Essex whom the Parliament had discarded B. Now that there was peace in England and the King in prison in whom was the Sovereign Power A. The Right was certainly in the King but the Exercise was yet in no body but contended for as in a Game at Cards without fighting all the years 1647. and 1648. between the Parliament and Oliver Cromwel Lieutenant-General to Sir Thomas Fairfax You must know that when King Henry the 8 th abolished the Popes Authority here and took upon him to be the Head of the Church the Bishops as they could not resist him so neither were they discontented with it For whereas before the Pope allowed not the Bishops to claim Jurisdiction in their Diocesses Jure Divino that is of Right immediately from God but by the Gift and Authority of the Pope now that the Pope was outed they made no doubt but the Divine Right was in themselves After this the City of Geneva and divers other places beyond Sea having revolted from the Papacy set up Presbyteries for the Government of their several Churches and divers English Scholars that went beyond Sea during the persecution in the time of Queen Mary were much taken with this Government and at their return in the time of Queen Elizabeth and ever since have endeavour'd to the great trouble of the Church and Nation to set up that Government here wherein they might domineer and applaud their own Wit and Learning and these took upon them not only a Divine Right but also a Divine Inspiration and having been connived at and countenanced sometimes in their frequent preaching they introduced many strange and many pernicious Doctrines out-doing the Reformation as they pretended both of Luther and Calvin receding from the former Divinity or Church-Philosophy for Religion is another thing as much as Luther and Calvin had receded from the Pope and distracted their Auditors into a great number of Sects as Brownists Anabaptists Independents Fifth-monarchy-men Quakers and divers others all commonly called by the name of Fanaticks in so much as there was no so dangerous an Enemy to the Presbyterians as this brood of their own hatching These were Cromwel's best Cards whereof he had a very great number in the Army and some in the House whereof he himself was thought one though he were nothing certain but applying himself always to the Faction that was strongest was of a colour like it There were in the Army a great number if not the greatest part that aimed only at rapine and sharing the Lands and Goods of their Enemies and these also upon the opinion they had of Cromwel's Valor and Conduct thought they could not any way better arrive at their ends than by adhering to him Lastly in the Parliament it self though not the Major part yet a considerable number were Fanaticks enough to put in doubts and cause delay in the resolutions of the House and sometimes also by advantage of a thin House to carry a Vote in favour of Cromwel as they did upon the 26 th of July For whereas on the fourth of May precedent the Parliament had voted that the Militia of London should be in the hands of a Committee of Citizens whereof the Lord Major for the time being should be one shortly after the Independents chancing to be the major made an Ordinance by which it was put into hands more favourable to the Army The best Cards the Parliament had were the City of London and the Person of the King The General Sir Tho. Fairfax was right Presbyterian but in the hands of the Army and the Army in the hands of Cromwel but which Party should prevail depended on the playing of the Game Cromwel protested still obedience and fidelity to the Parliament but meaning nothing less bethought him and resolv'd on a way to excuse himself of all that he should do to the contrary upon the Army Therefore he and his Son-in-law Commissary-General Ireton as good at contriving as himself and at speaking and writing better contrive how to mutiny the Army against the Parliament To
When his Miracles declared it when Pilate confessed it and when the Apostles Office was to Proclaim it Seventhly If we must not consider in points of Christian Faith who is the Soveraign Prophet that is who is next under Christ our Supream Head and Governor I wish his Lordship would have cleared ere he dyed these few Questions Is there not need of some Judge of Controverted Doctrines I think no man can deny it that has seen the Rebellion that followed the Controversie here between Gomar and Arminius There must therefore be a Judge of Doctrines But says the Bishop not the King Who then Shall Dr. Bramhall be this Judge As profitable an Office as it is he was more modest than to say that Shall a private Lay-man have it No man ever thought that Shall it be given to a Presbyterian Minister No 't is unreasonable Shall a Synod of Presbyterians have it No For most of the Presbyters in the Primitive Church were undoubtedly subordinate to Bishops and the rest were Bishops Who then A Synod of Bishops Very well His Lordship being too Modest to undertake the whole Power would have been contented with the six and twentieth part But suppose it in a Synod of Bishops who shall call them together The King What if he will not Who should Excommunicate him or if he despise your Excommunication who shall send forth a Writ of Significavit No all this was far from his Lordships thoughts The power of the Clergy unless it be upheld legally by the King or illegally by the Multitude amounts to nothing But for the Multitude Suarez and the School-men will never gain them because they are not understood Besides there be very few Bishops that can act a Sermon which is a puissant part of Rhetorick So well as divers Presbyterians and Phanatick Preachers can do I conclude therefore that his Lordship could not possibly believe that the Supream Judicature in matter of Religion could any where be so well placed as in the Head of the Church which is the King And so his Lordship and I think the same thing but because his Lordship knew not how to deduce it he was angry with me because I did it He says further that by my Principles he that blasphemeth Christ at Constantinople is a true Prophet as if a man that blasphemeth Christ to approve his Blasphemy can procure a Miracle for by my principles no Man is a Prophet whose Prophesie is not confirmed by God with a Miracle In the last place out of this That the lawful Soveraign is the Judge of Prophesie he deduces That then Samuel and other Prophets were false Prophets that contested with their Soveraigns As for Samuel he was at that time the Judge that is to say the Soveraign Prince in Israel and so acknowledged by Saul For Saul received the Kingdom from God himself who had right to give and take it by the hands of Samuel And God gave it him to himself only and not to his Seed though if he had obeyed God he would have setled it also upon his Seed The Commandement of God was that he should not spare Agag Saul obeyed not God therefore sent Samuel to tell him that he was rejected For all this Samuel went not about to resist Saul That he caused Agag to be slain was with Sauls consent Lastly Saul confesses his sin Where is this contesting with Saul After this God sent Samuel to anoint David not that he should depose Saul but succeed him the Sons of Saul having never had a right of Succession Nor did ever David make War on Saul or so much as resist him but fled from his persecution But when Saul was dead then indeed he claimed his right against the House of Saul What Rebellion or Resistance could his Lordship find here either in Samuel or in David Besides all these Transactions are supernatural and oblige not to imitation Is there any Prophet or Priest now that can set up in England Scotland or Ireland another King by pretence of Prophesie or Religion What did Jeroboam to the man of God 1 Kings 13 that Prophesied against the Altar in Bethel without first doing a Miracle but offer to seize him for speaking as he thought rashly of the Kings Act and after the Miraculous withering of his Hand desire the Prophet to pray for him The sin of Jeroboam was not his distrust of the Prophet but his Idolatry He was the sole Judge of the truth which the man of God uttered against the Altar and the process agreeable to equity What is the story of Eliah and Ahab 1 Kings 18. but a confirmation of the Right even of Ahab to be the Judge of Prophesie Eliah told Ahab he had transgressed the Commandement of God So may any Minister now tell his Soveraign so he do it with sincerity and discretion Ahab told Eliah he troubled Israel Upon this controversie Eliah desired Tryal Send saith he and Assemble all Israel Assemble also the Prophets of Baal four hundred and fifty Ahab did so The Question is stated before the People thus If the Lord be God follow him but if Baal follow him Then upon the Altars of God and Baal were laid the Wood and the Bullocks and the cause was to be Judged by Fire from Heaven to Burn the Sacrifices which Eliah procured the Prophets of Baal could not procure Was not this cause here Pleaded before Ahab The Sentence of Ahab is not required for Eliah from that time forward was no more persecuted by Ahab but only by his Wife Jezabel The story of Micaiah 2 Cron. 18. is this Ahab King of Israel consulted the Prophets four hundred in number whether he should prosper or not in case he went with Jehosaphat King of Judah to fight against the Syrians at Ramoth-gilead The Prophet Micaiah was also called and both the Kings Ahab and Jehosaphat sat together to hear what they should prophecy There was no Miracle done The 400 pronounced Victory Micaiah alone the contrary The King was Judge and most concern'd in the event nor had he received any Revelation in the business What could he do more discreetly than to follow the Counsel of 400 rather than of one Man But the event was contrary for he was slain but not for following the Counsel of the 400 but for his Murder of Naboth and his Idolatry It was also a sin in him that he afflicted Micaiah in Prison but an unjust Judgment does not take away from any King his right of Judicature Besides what 's all this or that of Jeremiah which he cites last to the Question of who is Judge of Christian Doctrine J. D. Neither doth he use God the Holy Ghost more favourably than God the Son Where St. Peter saith Holy men of God spake as they were moved by the Holy Spirit He saith By the Spirit is meant the Voice of God in a Dream or Vision Supernatural which Dreams or Visions he maketh to be no more than imaginations which they
which is a Person indued with Authority universal to govern all Christian men on Earth no more than there is one Universal Soveraign Prince or State on Earth that hath right to govern all Mankind I deny also that the whole Clergy of a Christian Kingdom or State being assembled are the representative of that Church further than the Civil Laws permits or can lawfully assemble themselves unless by the command or by the leave of the Soveraign Civil Power I say further that the denyal of this point tendeth in England towards the taking away of the Kings Supremacy in causes Ecclesiastical But his Lordship has not here denyed any thing of mine because he has done no more but set down my words He says further that this Doctrine destroyes the Authority of all General Councils which I confess Nor hath any General Council at this day in this Kingdom the force of a Law nor ever had but by the Authority of the King J. D. Neither is he more Orthodox concerning the Holy Scriptures Hitherto that is for the Books of Moses the power of making the Scripture Canonical was in the Civil Soveraign The like he saith of the Old Testament made Canonical by Esdras And of the New Testament That it was not the Apostles which made their own Writings Canonical but every Convert made them so to himself Yet with this restriction That until the Soveraign Ruler had prescribed them they were but Counsel and Advice which whether good or bad he that was counselled might without injustice refuse to observe and being contrary to the Laws established could not without injustice observe He maketh the Primitive Christians to have been in a pretty condition Certainly the Gospel was contrary to the Laws then established But most plainly The word of the Interpreter of the Scripture is the word of God And the same is the Interpreter of the Scripture and the Soveraign Judge of all Doctrines that is the Soveraign Magistrate to whose Authority we must stand no less than to theirs who at first did commend the Scripture to us for the Canon of Faith Thus if Christian Soveraigns of different Communications do clash one with another in their interpretations or misinterpretation of Scripture as they do daily then the word of God is contradictory to it self or that is the word of God in one Common-wealth which is the word of the Devil in another Common-wealth And the same thing may be true and not true at the same time Which is the peculiar priviledge of T.H. to make Contradictories to be true together T. H. There is no doubt but by what Authority the Scripture or any other Writing is made a Law by the same Authority the Scriptures are to be interpreted or else they are made Law in vain But to obey is one thing to believe is another which distinction perhaps his Lordship never heard of To obey is to do or forbear as one is commanded and depends on the Will but to believe depends not on the Will but on the providence and guidance of our hearts that are in the hands of God Almighty Laws only required obedience Belief requires Teachers and Arguments drawn either from Reason or from some thing already believed Where there is no reason for our Belief there is no reason we should believe The reason why men believe is drawn from the Authority of those men whom we have no just cause to mistrust that is of such men to whom no profit accrues by their deceiving us and of such men as never used to lye or else from the Authority of such men whose Promises Threats and Affirmations we have seen confirmed by God with Miracles If it be not from the Kings Authority that the Scripture is Law what other Authority makes it Law Here some man being of his Lordships judgment will perhaps laugh and say 't is the Authority of God that makes them Law I grant that But my question is on what Authority they believe that God is the Author of them Here his Lordship would have been at a Nonplus and turning round would have said the Authority of the Scripture makes good that God is their Author If it be said we are to believe the Scripture upon the Authority of the Universal Church why are not the Books we call Apocrypha the Word of God as well as the rest If this Authority be in the Church of England then it is not any other than the Authority of the Head of the Church which is the King For without the Head the Church is mute the Authority therefore is in the King which is all that I contended for in this point As to the Laws of the Gentiles concerning Religion in the Primitive times of the Church I confess they were contrary to Christian Faith But none of their Laws nor Terrors nor a mans own Will are able to take away Faith though they can compel to an external obedience and though I may blame the Ethnick Princes for compelling men to speak what they thought not yet I absolve not all those that have had the Power in Christian Churches from the same fault For I believe since the time of the first four General Councels there have been more Christians burnt and killed in the Christian Church by Ecclesiastical Authority than by the Heathen Emperors Laws for Religion only without Sedition All that the Bishop does in this Argument is but a heaving at the Kings Supremacy Oh but says he if two Kings interpret a place of Scripture in contrary sences it will follow that both sences are true It does not follow For the interpretation though it be made by just Authority must not therefore always be true If the Doctrine in the one sence be necessary to Salvation then they that hold the other must dye in their sins and be Damned But if the Doctrine in neither sence be necessary to Salvation then all is well except perhaps that they will call one another Atheists and fight about it J. D. All the power vertue use and efficacy which he ascribeth to the Holy Sacraments is to be signs or commemorations As for any sealing or confirming or conferring of Grace he acknowledgeth nothing The same he saith particularly of Baptism Upon which grounds a Cardinals red Hat or a Serjeant at Arms his Mace may be called Sacraments as well as Baptism or the holy Eucharist if they be only signs and commemorations of a benefit If he except that Baptism and the Eucharist are of Divine institution But a Cardinals red Hat or a Serjeant at Arms his Mace are not He saith truly but nothing to his advantage or purpose seeing he deriveth all the Authority of the Word and Sacraments in respect of Subjects and all our obligation to them from the Authority of the Soveraign Magistrate without which these words repent and be Baptized in the name of Jesus are but Counsel no Command And so a Serjeant at Arms his Mace and Baptism proceed both from
lawful for a man to value his own life or his limbs more than his God How much is he wiser than the three Children or Daniel himself who were thrown the first into a fiery Furnace the last into the Lions Denn because they refused to comply with the Idolatrous Decree of their Soveraign Prince T. H. Here also my words are truly cited But his Lordship understood not what the word Worship signifies and yet he knew what I meant by it To think highly of God as I had defined it is to honour him But to think is internal To Worship is to signifie that Honour which we inwardly give by signs external This understood as by his Lordship it was all he says to it is but a cavil J. D. A fourth Aphorism may be this That which is said in the Scripture it is better to obey God than man hath place in the Kingdom of God by Pact and not by Nature Why Nature it self doth teach us it is better to obey God than men Neither can he say that he intended this only of obedience in the use of indifferent actions and gestures in the service of God commanded by the Common-wealth for that is to obey both God and man But if divine Law and humane Law clash one with another without doubt it is evermore better to obey God than man T. H. Here again appears his unskilfulness in reasoning Who denyes but it is alwayes and in all causes better to obey God than Man But there is no Law neither divine nor humane that ought to be taken for a Law till we know what it is and if a divine Law till we know that God hath commanded it to be kept We agree that the Scriptures are the Word of God But they are a Law by Pact that is to us who have been Baptized into the Covenant To all others it is an invitation only to their own benefit 'T is true that even nature suggesteth to us that the Law of God is to be obeyed rather than the Law of man But nature does not suggest to us that the Scripture is the Law of God much less how every Text of it ought to be interpreted But who then shall suggest this Dr. Bramhall I deny it Who then The stream of Divines Why so Am I that have the Scripture it self before my eyes obliged to venture my eternal life upon their interpretation how learned soever they pretend to be when no counter-security that they can give me will save me harmless If not the stream of Divines who then The lawful Assembly of Pastors or of Bishops But there can be no lawful Assembly in England without the Authority of the King The Scripture therefore what it is and how to be interpreted is made known unto us here by no other way than the Authority of our Soveraign Lord both in Temporals and Spirituals The Kings Majesty And where he has set forth no Interpretation there I am allowed to follow my own as well as any other man Bishop or not Bishop For my own part all that know me know also it is my opinion That the best government in Religion is by Episcopacy but in the King 's Right not in their own But my Lord of Derry not contented with this would have the utmost resolution of our Faith to be into the Doctrine of the Schools I do not think that all the Bishops be of his mind If they were I would wish them to stand in fear of that dreadful Sentence All covet all lose I must not let pass these words of his Lordship If divine Law and humane Law clash one with another without doubt it is better evermore to obey God than man Where the King is a Christian believes the Scripture and hath the Legislative power both in Church and State and maketh no Laws concerning Christian Faith or divine Worship but by the Counsel of his Bishops whom he trusteth in that behalf if the Bishops counsel him aright what clashing can there be between the divine and humane Laws For if the Civil Law be against God's Law and the Bishops make it clearly appear to the King that it clasheth with divine Law no doubt he will mend it by himself or by the advice of his Parliament for else he is no professor of Christ's Doctrine and so the clashing is at an end But if they think that every opinion they hold though obscure and unnecessary to Salvation ought presently to be Law then there will be clashings innumerable not only of Laws but also of Swords as we have found it too true by late experience But his Lordship is still at this that there ought to be for the divine Laws that is to say for the interpretation of Scripture a Legislative power in the Church distinct from that of the King which under him they enjoy already This I deny Then for clashing between the Civil Laws of Infidels with the Law of God the Apostles teach that those their Civil Laws are to be obeyed but so as to keep their Faith in Christ entirely in their hearts which is an obedience easily performed But I do not believe that Augustus Caesar or Nero was bound to make the holy Scripture Law and yet unless they did so they could not attain to eternal life J. D. His fifth conclusion may be that the sharpest and most successful Sword in any War whatsoever doth give Soveraign Power and Authority to him that hath it to approve or reject all sorts of Theological Doctrines concerning the Kingdom of God not according to their truth or falshood but according to that influence which they have upon political affairs Hear him But because this Doctrine will appear to most men a novelty I do but propound it maintaining nothing in this or any other Paradox of Religion but attending the end of that dispute of the Sword concerning the Authority not yet amongst my Country-men decided by which all sorts of Doctrine are to be approved or rejected c. For the points of Doctrine concerning the Kingdom of God have so great influence upon the Kingdom of Man as not to be determined but by them that under God have the Soveraign Power Careat successibus opto Quisquis ab eventu facta notanda putat Let him evermore want success who thinketh actions are to be judged by their events This Doctrine may be plausible to those who desire to fish in troubled Waters But it is justly hated by those which are in Authority and all those who are lovers of peace and tranquillity The last part of this conclusion smelleth rankly of Jeroboam Now shall the Kingdom return to the house of David if this people go up to do Sacrifice in the house of the Lord at Jerusalem whereupon the King took counsel and made two Calves of Gold and said unto them It is too much for you to go up to Jerusalem behold thy Gods O Israel which brought thee out of the Land of Aegypt But by the
the House nevertheless hearing of it from some of his Fellow-Members may certainly not only take notice of it but also speak to it in the House of Commons but to make the King give up his Friends and Councellors to them to be put to death banishment or imprisonment for their good will to him was such a Tyranny over a King no King ever exercised over any Subject but in Cases of Treason or Murder and seldom then A. Presently hereupon began a kind of War between the Pens of the Parliament and those of the Secretaries and other able men that were with the King For upon the 15 th of December they sent to the King a Paper called A Remonstrance of the State of the Kingdom and with it a Petition both which they caused to be published In the Remonstrance they complained of certain mischievous Designs of a Malignant Party then before the beginning of the Parliament grown ripe and did set forth what means had been used for the preventing of it by the wisdom of the Parliament what rubs they had found therein what course was fit to be taken for restoring and establishing the Ancient Honour Greatness and Safety of the Crown and Nation 1 st And of these Designs the Promoters and Actors were they said Jesuited Papists 2 ly The Bishops and that part of the Clergy that cherish formality as a support of their own Ecclesiastical Tyranny and Usurpation 3 ly Councellors and Courtiers that for private ends they said had engaged themselves to farther the Interests of some Forreign Princes B. It may very well be that some of the Bishops and also some of the Court may have in pursuit of their private Interest done something indiscreetly and perhaps wickedly therefore I pray you tell me in particular what their crimes were for methinks the King should not have conniv'd at any thing against his own Supream Authority A. The Parliament were not very keen against them that were against the King they made no doubt but all they did was by the King's Command but accus'd thereof the Bishops Councellors and Courtiers as being a more mannerly way of accusing the King himself and defaming him to his Subjects For the truth is the Charge they brought against them was so general as not to be called an Accusation but Railing As first they said they nourished Questions of Prerogative and Liberty between the King and his People to the end that seeming much addicted to his Majesties Service they might get themselves into Places of greatest Trust and Power in the Kingdom B. How could this be called an Accusation in which there is no Fact for any Accusers to apply their Proofs to or their Witnesses for granting that these Questions of Prerogative had been moved by them who can prove that their end was to gain to themselves and Friends the Places of Trust and Power in the Kingdom A. A second Accusation was That they endeavoured to suppress the purity and power of Religion B. That 's Canting it is not in man's power to suppress the power of Religion A. They meant that they suppress the Doctrine of the Presbyterians that is to say the very foundation of the then Parliaments treacherous pretensions A third That they cherished Arminians Papists and Libertines by which they meant the common Protestants which meddle not with Disputes to the end they might compose a Body fit to act according to their Counsels and Resolutions A Fourth That they endeavoured to put the King upon other courses of raising Money than by the ordinary way of Parliaments Judge whether these may be properly called Accusations or not rather spiteful Reproaches of the King's Government B. Methinks this last was a very great fault for what good could there be in putting the King upon an odd course of getting Money when the Parliament was willing to supply him as far as to the security of the Kingdom or to the Honour of the King should be necessary A. But I told you before they would give him none but with a condition he should cut off the Heads of whom they pleas'd how faithfully soever they had serv'd him and if he would have sacrificed all his Friends to their Ambition yet they would have found other excuses for denying him Subsidies for they were resolv'd to take from him the Sovereign Power to themselves which they could never do without taking great care that he should have no Money at all In the next place they put into the Remonstrance as faults of them whose Counsel the King followed all those things which since the beginning of the King's Reign were by them misliked whether faults or not and whereof they were not able to judge for want of knowledge of the Causes and Motives that induced the King to do them and were known only to the King himself and such of his Privy-Council as he revealed them to B. But what were those particular pretended faults A. 1. The Dissolution of his first Parliament at Oxford 2. The Dissolution of his second Parliament being in the second year of his Reign 3. The Dissolution of his Parliament in the fourth year of his Reign 4. The fruitless Expedition against Cales 5. The Peace made with Spain whereby the Palatines Cause was deserted and left to chargeable and hopeless Treaties 6. The sending of Commissions to raise Money by way of Loan 7. Raising of Ship-Money 8. Enlargement of Forrests contrary to Magna Charta 9. The Design of engrossing all the Gunpowder into one hand and keeping it in the Tower of London 10. A Design to bring in the use of Brass Money 11. The Fines Imprisonments Stigmatizings Mutilations Whippings Pillories Gags Confinements and Banishments by Sentence in the Court of Star-Chamber 12. The displacing of Judges 13. Illegal Acts of the Council-Table 14. The Arbitrary and Illegal Power of the Earl Marshal's Court. 15. The abuses in Chancery Exchequer Chamber and Court of Wards 16. The selling of Titles of Honour of Judges and Serjeants Places and other Offices 17. The Insolence of Bishops and other Clerks in Suspensions Excommunications Deprivations and Degradations of divers painful and learned and pious Ministers B. Were there any such Ministers degraded deprived or excommunicated A. I cannot tell but I remember I have heard threatned divers painful unlearned and seditious Ministers 18. The Excess of severity of the High-Commission Court 19. The Preaching before the King against the Property of the Subject and for the Prerogative of the King above the Law and divers other petty quarrels they had to the Government which though they were laid upon this Faction yet they knew they would fall upon the King himself in the Judgment of the People to whom by printing it was communicated Again after the Dissolution of the Parliament May the 5 th 1640. they find other faults as the Dissolution it self The Imprisoning some Members of both Houses A forced Loan of Money attempted in London The Continuance of the Convocation
when the Parliament was ended and the favour shewed to Papists by Secretary Windebank and others B. All this will go current with common People for misgovernment and for faults of the King 's though some of them were misfortunes and both the misfortunes and the misgovernment if any were were the faults of the Parliament who by denying to give him Money did both frustrate his Attempts abroad and put him upon those extraordinary ways which they call Illegal of raising Money at home A. You see what a heap of evils they have raised to make a shew of ill government to the People which they second with an enumeration of the many Services they have done the King in overcoming a great many of them though not all and in divers other things and say that though they had contracted a Debt to the Scots of 2200 l. and granted six Subsidies and a Bill of Pole-Money worth six Subsidies more yet that God had so blessed the endeavours of this Parliament that the Kingdom was a gainer by it and then follows the Catalogue of those good things they had done for the King and Kingdom For the Kingdom they had done they said these things They had abolished Ship-Money They had taken away Coat and Conduct-Money and other Military Charges which they said amounted to little less than the Ship-Money That they suppress'd all Monopolies which they reckoned above a Million yearly saved by the Subject That they had quelled living Grievances meaning evil Counsellors and Actors by the death of my Lord of Strafford by the flight of the Chancellor Finch and of Secretary Windebank by the Imprisonment of the Arch-Bishop of Canterbury and of Judge Bartlet and the Impeachment of other Bishops and Judges That they had pass'd a Bill for a Triennial Parliament and another for the Continuance of the present Parliament till they should think fit to dissolve themselves B. That is to say for ever if they be suffered But the sum of all these things which they had done for the Kingdom is that they had left it without Government without Strength without Money without Law and without good Councel A. They reckoned also putting down of the High-Commission and the abating of the power of the Council-Table and of the Bishops and their Courts The taking away of unnecessary Ceremonies in Religion Removing of Ministers from their Livings that were not of their Faction and putting in such as were B. All this was but their own and not the Kingdoms Business A. The good they had done the King was first they said The giving of 25000 l. a month for the relief of the Northern Counties B. What need of relief had the Northern more than the rest of the Counties of England A Yes in the Northern Counties were quartered the Scotch Army which the Parliament called in to oppose the King and consequently their Quarter was to be discharged B. True but by the Parliament that call'd them in A. But they say no and that this Money was given to the King because he is bound to protect his Subjects B. He is no farther bound to that than they to give him Money wherewithal to do it This is very great impudence to raise an Army against the King and with that Army to oppress their Fellow-Subjects and then require that the King should relieve them that is to say be at the charge of paying the Army that was raised to fight against him A. Nay farther They put to the King's Account the 300000 l. given to the Scots without which they would not have invaded England besides many other things that I now remember not B. I did not think there had been so great impudence and villany in mankind A. You have not observ'd the World long enough to see all that 's ill Such was their Remonstrance as I have told you With it they sent a Petition containing three Points 1. That his Majesty would deprive the Bishops of their Votes in Parliament and remove such Oppressions in Religion Church Government and Discipline as they had brought in 2. That he would remove from his Council all such as should promote the Peoples Grievances and employ in his Great and Publick Affairs such as the Parliament should confide in 3. That he would not give away the Lands Escheated to the Crown by the Rebellion in Ireland B. This last Point methinks was not wisely put in at this time it should have been reserv'd till they had subdued the Rebels against whom there were yet no Forces sent over 'T is like selling the Lyons Skin before they had kill'd him But what answer was made to the other two Propositions A. What answer should be made but a Denial About the same time the King himself exhibited Articles against six Persons of the Parliament five whereof were of the House of Commons and one of the House of Lords accusing them of High Treason and upon the 4 th of January went himself to the House of Commons to demand those five of them but private notice having been given by some Treacherous Person about the King they had absented themselves and by that means frustrated his Majesties Intentions and after he was gone the House making a hainous matter of it and a high breach of their Priviledges adjourned themselves into London there to sit as a General Committee pretending they were not safe at Westminster for the King when he went to the House to demand those Persons had somewhat more attendance with him but not otherwise armed than his Servants used to be than he ordinarily had and would not be pacified though the King did afterward wave the prosecution of those persons unless he would also discover to them those that gave him Counsel to go in that manner to the Parliament House to the end they might receive condign punishment which was the word they used in stead of cruelty B. This was a harsh demand Was it not enough that the King should forbear his Enemies but also that he must betray his Friends If they thus tyrannize over the King before they have gotten the Sovereign Power into their hands how will they tyrannize over their Fellow-Subjects when they have gotten it A. So as they did B. How long staid that Committee in London A. Not above two or three days and then were brought from London to the Parliament House by Water in great triumph guarded with a tumultuous number of Armed Men there to sit in security in despite of the King and make traiterous Acts against him such and as many as they listed and under favour of these tumults to frighten away from the House of Peers all such as were not of their own Faction For at this time the Rabble was so insolent that scarce any of the Bishops durst go to the House for fear of violence upon their persons in so much as twelve of them excused themselves of coming thither and by way of Petition to the King remonstrated That they were
the contrary Was it not the Protector that made the Parliament Why did they not acknowledge their Maker A. I believe it is the desire of most men to bear Rule but few of them know what Title one has to it more than another besides the Right of the Sword B. If they acknowledged the Right of the Sword they were neither just nor wise to oppose the present Government set up and approved by all the Forces of the three Kingdoms The Principles of this House of Commons were no doubt the very same with theirs who began the Rebellion and would if they could have raised a sufficient Army have done the same against the Protector and the General of their Army would in like manner have reduced them to a Rump for they that keep an Army and cannot master it must be subject to it as much as he that keeps a Lion in his House The temper of all the Parliaments since the time of Queen Elizabeth has been the same with the temper of this Parliament and shall always be such as long as the Presbyterians and men of Democratical Principles have the like Influence upon the Elections A. After they resolv'd concerning the other House that during this Parliament they would transact with it but without intrenching upon the Right of the Peers to have Writs sent to them in all future Parliaments These Votes being passed they proceed to another wherein they assume to themselves the Power of the Militia Also to shew their Supream Power they deliver'd out of prison some of those that had been they said illegally committed by the former Protector Other Points concerning Civil Rights and concerning Religion very pleasing to the People were now also under their Consideration So that in the end of this year the Protector was no less jealous of the Parliament than of the Councel of Officers at Wallingford-house B. Thus 't is when ignorant men will undertake Reformation Here are three Parties the Protector the Parliament and the Army The Protector against Parliament and Army the Parliament against Army and Protector and the Army against Protector and Parliament A. In the beginning of 1659. the Parliament passed divers other Acts one was to forbid the Meetings in Councel of the Army-Officers without order from the Protector and both Houses Another That no man shall have any Command or Trust in the Army who did not first under his hand engage himself never to interrupt any of the Members but that they might freely meet and debate in the House And to please the Soldiers they voted to take presently into their Consideration the means of paying them their Arrears But whilst they were considering this the Protector according to the first of those Acts forbad the meeting of Officers at Wallingford-house This made the Government which by the disagreement of the Protector and Army was already loose to fall in pieces For the Officers from Wallingford-house with Soldiers enough came over to White-hall and brought with them a Commission ready drawn giving power to Desborough to dissolve the Parliament for the Protector to sign which also his Heart and his Party sailing him he signed The Parliament nevertheless continued sitting but at the end of the Week the House adjourned till the Monday after being April the 25 th At their coming on Monday morning they found the door of the House shut up and the passages to it filled with Soldiers who plainly told them they must sit no longer Richard's Authority and business in Town being thus at an end he retir'd into the Country where within a few days upon promise of the payment of his Debts which his Father's Funeral had made great he signed a Resignation of his Protectorship B. To whom A. To no body But after ten days Cessation of the Sovereign Power some of the Rumpers that were in Town together with the old Speaker Mr. William Lenthal resolv'd amongst themselves and with Lambert Heslerig and other Officers who were also Rumpers in all 42 to go into the House which they did and were by the Army declared to be the Parliament There were also in Westminster-hall at that time about their private business some few of those whom the Army had secluded in 1648. and were called the Secluded Members These knowing themselves to have been elected by the same Authority and to have the same Right to sit attempted to get into the House but were kept out by the Soldiers The first Vote of the Rump re-seated was That such persons as heretofore Members of this Parliament have not sitten in this Parliament since the year 1648. shall not sit in this House till farther order of the Parliament and thus the Rump recovered their Authority May the seventh 1659. which they lost in April 1653. B. Seeing there have been so many Shiftings of the Supream Authority I pray you for memories sake repeat them briefly in times and order A. First from 1640. to 1648. when the King was murdered the Sovereignty was disputed between King Charles the first and the Presbyterian-Parliament Secondly from 1648. to 1653. the Power was in that part of the Parliament which voted the Tryal of the King and declar'd themselves without King or House of Lords to have the Supream Authority of England and Ireland For there were in the Long Parliament two Factions the Presbyterian and Independent the former whereof sought only the subjection of the King not his destruction directly the latter sought directly his destruction and this part is it which was called the Rump Thirdly from April the 20 th to July the fourth the Supream Power was in the hands of a Councel of State constituted by Cromwel Fourthly from July the 4 th to December the 12 th of the same year it was in the hands of men called unto it by Cromwel whom he termed Men of Fidelity and Integrity and made them a Parliament which was called in contempt of one of the Members Barebone's Parliament Fifthly from December the 12 th 1653. to September the third 1658. it was in the hands of Oliver Cromwel with the Title of Protector Sixthly from September the third 1658. to April the 25 th 1659. Richard Cromwel had it as Successor to his Father Seventhly from April the 25 th 1659. to May the seventh of the same year it was no where Eighthly from May the seventh 1659. the Rump which was turned out of doors in 1653. recover'd it again and shall lose it again to a Committee of Safety and again recover it and again lose it to the Right Owner B. By whom and by what Art came the Rump to be turned out the second time A. One would think them safe enough the Army in Scotland which when it was in London had helped Oliver to put down the Rump submitted now begg'd pardon and promised obedience The Soldiers in Town had their pay mended and the Commanders every where took the old Engagement whereby they had acknowledged their Authority heretofore They
of the Jus Divinum of Bishops a thing which before the Reformation here was never allowed them by the Pope Two Jus Divinums cannot stand together in one Kingdom In the last place he mislikes that the Church should Excommunicate by Authority of the King that is to say by Authority of the Head of the Church But he tells not why He might as well mislike that the Magistrates of the Realm should execute their Offices by the Authority of the Head of the Realm His Lordship was in a great error if he thought such incroachments would add any thing to the Wealth Dignity Reverence or Continuance of his Order They are Pastors of Pastors but yet they are the Sheep of him that is on earth their soveraign Pastor and he again a Sheep of that supream Pastor which is in Heaven And if they did their pastoral Office both by Life and Doctrine as they ought to do there could never arise any dangerous Rebellion in the Land But if the people see once any ambition in their Teachers they will sooner learn that than any other Doctrine and from Ambition proceeds Rebellion J. D. It may be some of T. H. his Disciples desire to know what hopes of Heavenly joyes they have upon their Masters Principles They may hear them without any great contentment There is no mention in Scripture nor ground in reason of the Coelum Empyraeum that is the Heaven of the Blessed where the Saints shall live eternally with God And again I have not found any Text that can probably be drawn to prove any Ascention of the Saints into Heaven that is to say into any Coelum Empyraeum But he concludeth positively that Salvation shall be upon earth when God shall Raign at the coming of Christ in Jerusalem And again In short the Kingdom of God is a civil Kingdom c. called also the Kingdom of Heaven and the Kingdom of Glory All the Hobbians can hope for is to be restored to the same condition which Adam was in before his fall So saith T.H. himself From whence may be inferred that the Elect after the Resurrection shall be restored to the estate wherein Adam was before he had sinned As for the beatifical vision he defineth it to be a word unintelligible T. H. This Coelum Empyraeum for which he pretendeth so much zeal where is it in the Scripture where in the Book of Common Prayer where in the Canons where in the Homilies of the Church of England or in any part of our Religion What has a Christian to do with such Language Nor do I remember it in Aristotle Perhaps it may be in some Schoolman or Commentator on Aristotle and his Lordship makes it in English the Heaven of the Blessed as if Empyraeum signified That which belongs to the Blessed St. Austin says better that after the day of Judgment all that is not Heaven shall be Hell Then for Beatifical vision how can any man understand it that knows from the Scripture that no man ever saw or can see God Perhaps his Lordship thinks that the happiness of the Life to come is not real but a Vision As for that which I say Lev. pag. 345. I have answered to it already J. D. But considering his other Principles I do not marvel much at his extravagance in this point To what purpose should a Coelum Empyraeum or Heaven of the Blessed serve in his judgment who maketh the blessed Angels that are the Inhabitants of that happy Mansion to be either Idols of the brain that is in plain English nothing or thin subtil fluid bodies destroying the Angelical nature The universe being the aggregate of all bodies there is no real part thereof that is not also body And elsewhere Every part of the Vniverse is Body and that which is not Body is no part of the Vniverse And because the Vniverse is all that which is no part of it is nothing and consequently no where How By this Doctrine he maketh not only the Angels but God himself to be nothing Neither doth he salve it at all by supposing erroneously Angels to be corporeal Spirits and by attributing the name of incorporeal Spirit to God as being a name of more honour in whom we consider not what Attribute best expresseth his nature which is incomprehensible but what best expresseth our desire to honour him Though we be not able to comprehend perfectly what God is yet we are able perfectly to comprehend what God is not that is he is not imperfect and therefore he is not finite and consequently he is not corporeal This were a trim way to honour God indeed to honour him with a lye If this that he say here be true That every part of the Vniverse is a Body and whatsoever is not a Body is nothing Then by this Doctrine if God be not a Body God is nothing not an incorporeal Spirit but one of the Idols of the Brain a meer nothing though they think they dance under a Net and have the blind of Gods incomprehensibility between them and discovery T. H. This of Incorporeal substance he urged before and there I answered it I wonder he so often rolls the same stone He is like Sysiphus in the Poets Hell that there rolls a heavy stone up a hill which no sooner he brings to day-light then it slips down again to the bottom and serves him so perpetually For so his Lordship rolls this and other questions with much adoe till they come to the light of Scripture and then they vanish and he vexing sweating and railing goes to 't again to as little purpose as before From that I say of the Universe he infers that I make God to be nothing But infers it absurdly He might indeed have inferr'd that I make him a Corporeal but yet a pure Spirit I mean by the Universe the Aggregate of all things that have being in themselves and so do all men else And because God has a being it follows that he is either the whole Universe or part of it Nor does his Lordship go about to disprove it but only seems to wonder at it J. D. To what purpose should a Coelum Empyraeum serve in his Judgment who denyeth the immortality of the Soul The Doctrine is now and hath been a long time far otherwise namely that every man hath eternity of life by nature in as much as his Soul is immortal Who supposeth that when a man dyeth there remaineth nothing of him but his Carkase who maketh the word Soul in holy Scripture to signifie always either the Life or the Living Creature And expoundeth the casting of Body and Soul into Hell-fire to be the casting of Body and Life into Hell-fire Who maketh this Orthodox truth that the Souls of men are Substances distinct from their Bodies to be an error contracted by the contagion of the Demonology of the Greeks and a window that gives entrance to the dark Doctrine of eternal torments Who expoundeth these words
just disposition of Almighty God this Policy turned to a sin and was the utter destruction of Jeroboam and his Family It is not good jesting with edge-tools nor playing with holy things Where men make their greatest fastness many times they find most danger T. H. His Lordship either had a strange Conscience or understood not English Being at Paris when there was no Bishop nor Church in England and every man writ what he pleased I resolved when it should please God to restore the Authority Ecclesiastical to submit to that Authority in whatsoever it should determine This his Lordship construes for a temporizing and too much indifferency in Religion and says further that the last part of my words do smell of Jeroboam To the contrary I say my words were modest and such as in duty I ought to use And I profess still that whatsoever the Church of England the Church I say not every Doctor shall forbid me to say in matter of Faith I shall abstain from saying it excepting this point That Jesus Christ the Son of God dyed for my sins As for other Doctrins I think it unlawful if the Church define them for any Member of the Church to contradict them J. D. His sixth Paradox is a rapper the Civil Laws are the Rules of good and evil just and unjust honest and dishonest and therefore what the Lawgiver commands that is to be accounted good what he forbids bad And a little after before Empires were just and unjust were not as whose nature is Relative to a Command every action in its own nature is indifferent That it is just or unjust proceedeth from the right of him that commandeth Therefore lawful Kings make those things which they command Just by commanding them and those things which they forbid Vnjust by forbidding them To this add his definition of a sin that which one doth or omitteth saith or willeth contrary to the reason of the Common-wealth that is the Civil Laws Where by the Laws he doth not understand the Written Laws elected and approved by the whole Common-wealth but the verbal Commands or Mandates of him that hath the Soveraign Power as we find in many places of his Writings The Civil Laws are nothing else but the Commands of him that is endowed with Soveraign Power in the Common-wealth concerning the future actions of his Subjects And the Civil Laws are fastned to the Lips of that man who hath the Soveraign Power Where are we In Europe or in Asia Where they ascribed a Divinity to their Kings and to use his own Phrase made them Mortal Gods O King live for ever Flatterers are the common Moths of great Pallaces where Alexander's friends are more numerous than the King's friends But such gross palpable pernicious flattery as this is I did never meet with so derogatory both to piety and policy What deserved he who should do his uttermost endeavour to poyson a common Fountain whereof all the Common-wealth must drink He doth the same who poisoneth the mind of a Soveraign Prince Are the Civil Laws the Rules of good and bad just and unjust honest and dishonest And what I pray your are the Rules of the Civil Law it self Even the Law of God and Nature If the Civil Laws swerve from these more authentick Laws they are Lesbian Rules What the Lawgiver commands is to be accounted good what he forbids bad This was just the garb of the Athenian Sophisters as they are described by Plato Whatsoever pleased the great Beast the Multitude they call holy and just and good And whatsoever the great Beast disliked they called evil unjust prophane But he is not yet arrived at the height of his flattery Lawful Kings make those things which they command just by commanding them At other times when he is in his right wits he talketh of sufferings and expecting their reward in Heaven And going to Christ by Martyrdome And if he had the fortitude to suffer death he should do better But I fear all this was but said in jest How should they expect their reward in Heaven if his Doctrine be true that there is no reward in Heaven Or how should they be Martyrs if his Doctrine be true that none can be Martyrs but those who conversed with Christ upon earth He addeth Before Empires were just and unjust were not Nothing could be written more false in his sence more dishonourable to God more inglorious to the humane nature That God should create Man and leave him presently without any Rules to his own ordering of himself as the Ostridg leaveth her Eggs in the sand But in truth there have been Empires in the World ever since Adam And Adam had a Law written in his heart by the finger of God before there was any Civil Law Thus they do endeavour to make goodness and justice and honesty and conscience and God himself to be empty names without any reality which signifie nothing further than they conduce to a man's interest Otherwise he would not he could not say That every action as it is invested with its circumstances is indifferent in its own nature T. H. My sixth Paradox he calls a Rapper A Rapper a Swapper and such like terms are his Lordships elegancies But let us see what this Rapper is 'T is this The Civil Laws are the Rules of Good and Evil Just and Unjust Honest and Dishonest Truly I see no other Rules they have The Scriptures themselves were made Law to us here by the Authority of the Common-wealth and are therefore part of the Law Civil If they were Laws in their own nature then were they Laws over all the World and men were obliged to obey them in America as soon as they should be shown there though without a Miracle by a Frier What is Injust but the Transgression of a Law Law therefore was before Unjust And the Law was made known by Soveraign Power before it was a Law Therefore Soveraign Power was antecedent both to Law and Injustice Who then made Injust but Soveraign Kings or Soveraign Assemblies Where is now the wonder of this Rapper That Lawful Kings make those things which they command Just by commanding them and those things which they forbid Vnjust by forbidding them Just and Unjust were surely made if the King made them not who made them else For certainly the breach of a Civil Law is a sin against God Another Calumny which he would fix upon me is That I make the King 's verbal Commands to be Laws How so Because I say the Civil Laws are nothing else but the Commands of him that hath the Soveraign Power concerning the future Actions of his Subjects What verbal Command of a King can arrive at the ears of all his Subjects which it must do ere it be a Law without the Seal of the Person of the Common-wealth which is here the Great Seal of England Who but his Lordship ever denyed that the command of England was a Law to English
General Councils the Power of the Roman Church grew up a pace and either by the negligence or weakness of the succeeding Emperors the Pope did what he pleased in Religion There was no Doctrine which tended to the Power Ecclesiastical or to the Reverence of the Clergy the contradiction whereof was not by one Council or another made Heresie and punished arbitrarily by the Emperors with Banishment or Death And at last Kings themselves and Commonwealths unless they purged their Dominions of Hereticks were Excommunicated Interdicted and their Subjects let loose upon them by the Pope insomuch as to an ingenuous and serious Christian there was nothing so dangerous as to enquire concerning his own Salvation of the Holy Scripture the careless cold Christian was safe and the skilful Hypocrite a Saint But this is a Story so well known as I need not insist upon it any longer but proceed to the Hereticks here in England and what Punishments were ordained for them by Acts of Parliament All this while the Penal Laws against Hereticks were such as the several Princes and States in their own Dominions thought fit to enact The Edicts of the Emperors made their Punishments Capital but for the manner of the Execution left it to the Prefects of Provinces And when other Kings and States intended according to the Laws of the Roman Church to extirpate Hereticks they ordained such Punishment as they pleased The first Law that was here made for the punishments of Hereticks called Lollards and mentioned in the Statutes was in the fifth year of the Reign of Richard the Second occasioned by the Doctrine of John Wickliff and his Followers which Wickliff because no Law was yet ordained for his punishment in Parliament by the favour of John of Gaunt the King's Son during the Reign of Edward the third had escaped But in the fifth year of the next King which was Richard the Second there passed an Act of Parliament to this effect That Sheriffs and some others should have Commissions to apprehend such as were certified by the Prelates to be Preachers of Heresie their Fautors Maintainers and Abettors and to hold them in strong Prison till they should justifie themselves according to the Law of Holy Church So that hitherto there was no Law in England by which a Heretick could be put to Death or otherways punished than by imprisoning him till he was reconciled to the Church After this in the next King's Reign which was Henry the Fourth Son of John of Gaunt by whom Wickliffe had been favoured and who in his aspiring to the Crown had needed the good Will of the Bishops was made a Law in the second Year of his Reign wherein it was Enacted That every Ordinary may convene before him and imprison any person suspected of Heresie and that an obstinate Heretick shall be burnt before the People In the next King's Reign which was Henry the Fifth in his Second year was made an Act of Parliament wherein it is declared that the intent of Hereticks called Lollards was to subvert the Christian Faith the Law of God the Church and the Realm And that an Heretick convict should forfeit all his Fee-simple Lands Goods and Chattels besides the Punishment of Burning Again in the Five and Twentieth year of King Henry the Eighth it was Enacted That an Heretick convict shall abjure his Heresies and refusing so to do or relapsing shall be burnt in open place for example of others This Act was made after the putting down of the Pope's Authority And by this it appears that King Henry the Eighth intended no farther alteration in Religion than the recovering of his own Right Ecclesiastical But in the first year of his Son King Edward the sixth was made an Act by which were repealed not only this Act but also all former Acts concerning Doctrines or matters of Religion So that at this time there was no Law at all for the punishment of Hereticks Again in the Parliament of the first and second year of Queen Mary this Act of 1 Ed. 6. was not repealed but made useless by reviving the Statute of 25 Hen. 8. and freely put it in execution insomuch as it was Debated Whether or no they should proceed upon that Statute against the Lady Elizabeth the Queens Sister The Lady Elizabeth not long after by the Death of Queen Mary coming to the Crown in the fifth year of her Reign by Act of Parliament repealed in the first place all the Laws Ecclesiastical of Queen Mary with all other former Laws concerning the punishments of Hereticks nor did she enact any other punishments in their place In the second place it was Enacted That the Queen by her Letters Patents should give a Commission to the Bishops with certain other persons in her Majesties Name to execute the Power Ecclesiastical in which Commission the Commissioners were forbidden to adjudge any thing to be Heresie which was not declared to be Heresie by some of the first four General Councels But there was no mention made of General Councels but only in that branch of the Act which Authorised that Commission commonly called The High Commission nor was there in that Commission any thing concerning how Hereticks were to be punished but it was granted to them that they might declare or not declare as they pleased to be Heresie or not Heresie any of those Doctrines which had been Condemned for Heresie in the first four General Councels So that during the time that the said High Commission was in being there was no Statute by which a Heretick could be punished otherways than by the ordinary Censures of the Church nor Doctrine accounted Heresie unless the Commissioners had actually declared and published That all that which was made Heresie by those Four Councels should be Heresie also now But I never heard that any such Declaration was made either by Proclamation or by Recording it in Churches or by publick Printing as in penal Laws is necessary the breaches of it are excused by ignorance Besides if Heresie had been made Capital or otherwise civilly punishable either the Four General Councels themselves or at least the Points condemned in them ought to have been Printed or put into Parish Churches in English because without it no man could know how to beware of offending against them Some men may perhaps ask whether no body were Condemned and Burnt for Heresie during the time of the High Commission I have heard there were But they which approve such executions may peradventure know better grounds for them than I do but those grounds are very well worthy to be enquired after Lastly in the seventeenth year of the Reign of King Charles the First shortly after that the Scots had Rebelliously put down the Episcopal Government in Scotland the Presbyterians of England endeavoured the same here The King though he saw the Rebels ready to take the Field would not condescend to that but yet in hope to appease them was content to pass an
some Divine of good Reputation and Learning and of the late King's Party A. I think I can recommend unto you the best that is extant and such a one as except a few passages that I mislike is very well worth your reading The Title of it is The whole Duty of Man laid down in a plain and familiar way and yet I dare say that if the Presbyterian Ministers even those of them which were the most diligent Preachers of the late Sedition were to be tryed by it they would go near to be found Not Guilty He has divided the Duty of Man into three great Branches which are his Duty to God to Himself and to his Neighbour In his Duty to God he puts the acknowledgement of him in his Essence and his Attributes and in the believing of his Word His Attributes are Omnipotence Omniscience Infiniteness Justice Truth Mercy and all the rest that are found in Scripture Which of these did not those seditious Preachers acknowledge equally with the best of Christians The Word of God are the Books of Holy Scripture receiv'd for Canonical in England B. They receive the Word of God but 't is according to their own Interpretation A. According to whose Interpretation was it receiv'd by the Bishops and the rest of the Loyal Party but their own He puts for another Duty Obedience and Submission to Gods Will. Did any of them nay did any man living do any thing at any time against God's Will B. By God's Will I suppose he means there his revealed Will that is to say his Commandements which I am sure they did most horribly break both by their preaching and otherwise A. As for their Actions there is no doubt but all men are guilty enough if God deal severely with them to be damn'd And for their preaching they will say they thought it agreeable to Gods revealed Will in the Scriptures if they thought it so it was not disobedience but error and how can any man prove they thought otherwise B. Hypocrisie hath this great Prerogative above other sins that it cannot be accus'd A. Another Duty he sets down is to Honour him in his House that is the Church in his Possessions in his Day in his Word and Sacraments B. They perform this Duty as well I think as any other Ministers I mean the Loyal Party and the Presbyterians have always had an equal care to have God's House free from Profanation To have Tithes duly paid and Offerings accepted To have the Sabbath-day kept holy the Word preached and the Lords Supper and Baptism duly administred But is not keeping of the Feasts and of the Fasts one of those Duties that belong to the Honour of God If it be the Presbyterians fail in that A. Why so They kept some Holy-days and they had Fasts amongst themselves though not upon the same days that the Church ordains but when they thought fit as when it pleased God to give the King any notable Victory and they govern'd themselves in this Point by the Holy Scripture as they pretend to believe and who can prove they do not believe so B. Let us pass over all other Duties and come to that Duty which we owe to the King and consider whether the Doctrine taught by those Divines which adhered to the King be such in that Point as may justifie the Presbyterians that incited the People to Rebellion for that 's the thing you call in question Concerning our Duty to our Rulers he hath these words An Obedience we must pay either active or passive the active in the case of all lawful Commands that is whenever the Magistrate commands something which is not contrary to some Command of God we are then bound to act according to that Command of the Magistrate to do the things he requires but when he enjoyns any thing contrary to what God hath commanded we are not then to pay him this Active Obedience we may nay we must refuse thus to act yet here we must be very well assur'd that the thing is so contrary and not pretend Conscience for a Cloak of stubbornness we are in that Case to obey God rather than Men but even this is a season for the Passive Obedience we must patiently suffer what he inflicts on us for such refusal and not to secure our selves rise up against him B. What is there in this to give colour to the late Rebellion A. They will say they did it in obedience to God in as much as they did believe it was according to the Scripture out of which they will bring Examples perhaps of David and his adherents that resisted King Saul and of the Prophets afterward that vehemently from time to time preached against the Idolatrous Kings of Israel and Judah Saul was their lawful King and yet they paid him neither Active nor Passive Obedience for they did put themselves into a posture of defence against him though David himself spared his Person and so did the Presbyterians put into their Commissions to their General that they should spare the King's Person Besides you cannot doubt but that they who in the Pulpit did animate the People to take Arms in defence of the then Parliament alleadged Scripture that is the Word of God for it If it be lawful then for Subjects to resist the King when he commands any thing that is against the Scripture that is contrary to the Command of God and to be Judge of the meaning of the Scripture it is impossible that the Life of any King or the Peace of any Christian Kingdom can be long secure It is this Doctrine that divides a Kingdom within it self whatsoever the Men be Loyal or Rebels that write or preach it publickly And thus you see that if those seditious Ministers be tryed by this Doctrine they will come off well enough B. I see it and wonder at People that having never spoken with God Almighty nor knowing one more than another what he hath said when the Laws and the Preacher disagree should so keenly follow the Minister for the most part an Ignorant though a ready Tongu'd Scholar rather than the Laws that were made by the King with the consent of the Peers and the Commons of the Land A. Let us examine his words a little nearer First Concerning Passive Obedience When a Thief hath broken the Laws and according to the Law is therefore executed can any man understand that this suffering of his is an obedience to the Law Every Law is a Command to do or to forbear neither of these is fulfilled by suffering If any Suffering can be called Obedience it must be such as is voluntary for no involuntary Action can be counted a submission to the Law He that means that his suffering should be taken for obedience must not only not resist but also not fly nor hide himself to avoid his punishment and who is there amongst them that discourses of Passive Obedience when his Life is in extream danger