of Worship in the nerves and sinews of Discipline and in the bones and strength of Government which no true Son of the Church of England can without indignation reflect on Thirdly it striketh at the very beeing and safety of it For first this will both nourish and breed Papists and Separatists when they shall consider that by this Oath we have acknowledged that there is no one part Isa 1. wholly sound in this Church but that from the crown of the head to the sole of the foot there are wounds sores and putrifying corruptions And being the expressions are indefinite they cannot tell what in any part is sound nor know what to cleave unto and so are prepared for apostacy from it 4. Schismaticall illegal oppressive to to the Government of the Church or confirmed therein 4. This Covenant sweareth a Schisme and is an unjust Oath as it is injurious and oppressive to the Government of this Church and the express Law whereby it is established to wit Episcopacy not to insist on the ranking of it with Popery and Superstition The Church of England is founded in Prelacy saith the Luws Of which before And the King in his Oath swears to defend the Rights of this Church Yea this order is by the Laws in force before 17 Car. 11. the very next the King himself in Parliam for so the style runneth the Lords Spiritual and Temporall The right of Episcopacy out of Scripture Antiquity and the late Reformers hath been shewed before and out of the Law of England also Now to swear against a main point of the Law of the Land wherein we have the suffrage of the whole Church and against that order of men both under which Bishops as Cranmer and others special instruments of the Reformation and by influence whereof we first received the Gospel and several whereof sealed it in opposition to Popery and Superstition with their blood Five Bishops being burned viz. Cranmer Arch-Bishop of Cant. Ridley Bishop of London Hooper and Latimer Bishops of Gloucester and Wortester and Ferrar Bishop of St. Davids is such a piece of unchristianity injustice and ingratitude yea and perjury also in those that have subscribed the three Articles and taken the Oath of Canonical obedience that I should wish mine eyes a fountain of tears to bewail it and my quill the pen of a more ready Writer to describe it Pudet haec opprobria nobis c. What shame is it that this should spoken be And nothing to be said to th' contray 5. It is of most dangerous insinuation 5. Of most dangerous insinuation against the dignity person and authority of the King in respect of the Kings Authority Dignity and Person First To his Dignity in putting him after the Parliaments and Kingdoms and yet put the Parliaments before the Kingdoms as if he were inferiour unto both whereas by our Oath of Supremacy we do acknowledge him to be over all persons within these his Realms and Dominions Supreme Governour And have in that and in the Oath of Allegiance and in the Protestation sworn and engaged to maintain his honour and priviledges Secondly It insinuates most imminent danger unto the Kings Person and Authority whilest it engageth to preserve and defend the Kings Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdoms Openly implying that both the one and the other may be deserted in case he do not or seems to some not to defend true Religion and the Liberties Thirdly And for his Authority we swear obedience thereunto in the former Oaths indefinitely without such limitations as these are whence these appears to be no less then a treasonable limitation 6. It swears to betray and oppress contrary to Law 6. Is oppressive of the K. faithful subjects and true members of the Church 7. It bettaies the Liberty of the Subject in setting up an Arbitrary power against Law the Kings faithful Subjects and the true sons of the Church because they would keep faith with the one and unity with the other Artic. 4. under the names of Malignants and Hinderers of Reformation 7. It owneth the Houses of Parliament in opposition to the King to be the Supreme Judicatories and acknowledgeth a power in them of punishment to life and estate which is a betraying the Subjects Liberty as also that they may punish as they judge convenient or a Committee from them What is this but to pluck up Magna Charta by the roots which gives this priviledge that no free-born English man shall be punishable in life liberty or estate but by a Jury of his equals c. So that this is an erecting of an Arbitrary Government and destructive to the Fundamental Laws of the Land The same error is committed in the fift Article against those that should any way oppose this kind of union between the two Nations 8. In the sixt and last Article 8. Obliges to a blind a betting of all attempts in the pursuance of it 9. Engages against Repentance it obliges to defend all those that enter into this Covenant in the pursuance thereof which what it infers cannot be foreseen nor how far that clause may be extended 9. It engageth against Repentance which in an Oath of that nature and newness ought not to have been done but that juvat impiis as well as miseris socios habuisse It pleaseth them that have the plague to see That others as themselves infected bee 10. 10. Hypocritical blasphemous towards God scandalous and dangerous to other Churches and Nations Prov. 24. Eccles 10. Matth. 22. Prov. 13. 1 Pet. 2. Lastly In the Epilogue and close of it It is Horridly Hypocritical Blasphemous towards God Scandalous and Dangerous to other Churches and Nations First It is Horridly Hypocritical in acknowledging that we profess before God and the world our unfeigned desire to be humbled for our sins and the sins of these Kingdoms against God and Christ his Son c. And yet at the same time swear to dishonour both and transgress the Gospel which commands obedience of Subjects to their Princes especially in doubtful cases the King holding forth not force but law as well as they and as I am perswaded with better evidence Ezek. 20.27 Secondly It is most blasphemous and a high temptation of Almighty God to pray most humbly unto him to strengthen us by his holy Spirit to live and dye in opposition to the just Laws of the Land in sedition against our natural Prince in schism against the Church and in oppression and violence against our innocent brethren Thirdly It is Scandalous to other Nations and Churches whereby through us the name of God as called upon and professed by the Reformed was blasphemed even among the very Turks Ezek. 36.20 yea our Nation the members of it in peril wheresoever they came as Merchants and Travellers know Lastly Dangerous unto the same Churches First
they were the judgment of the Kingdom He replyed Shew me such a body of people in the Nation as the Army is that have not forfeited their liberties and so implying that they might assume unto themselves the judgment of the Kingdom though in that case the Kingdom it self could not judge as was shewed above out of Mr. St. Johns speech because the Royal Person is exempt from vindicative justice So here in this speech all Government being as he said dissolved the Army were a considerable part of the Nation Nay by what follows that there was left nothing to keep things in order but the sword he might have said as before That they were the onely judgment of the Nation But this by the way though not out of it Again in the former speech The Judges saith he thinking pag. 21. that there was a dissolution of the Government did declare one to another Note The Judges that they could not administer justice to the satisfaction of their consciences untill they had received Commissions from me pag. 33. The Parliam And as touching the Parliament and the Militia the great Helena of our Trojan War The Militia whether to be in Parliament whether it should remain in the King or the Parliament have power of it he saith Whether the Parliament have not liberty to alter the form of Government to Aristocracy to Democracy to Anarchy to any thing if this THE MILITIA be fully in them Note yea unto all CONFVSION and that without remedy Lastly The Kings Negative voice pag. 34. as touching the Supreme Magistrate whose Person then he had usurped he saith I shall be willing to be bound more then I am in any thing that I may be CONVINCED of may be for the good of the people which point was like the Armour of Hector betwixt Ajax and Vlysses at the beginning of the War Corollaries from the former speech Now from these expressions we may observe 1. That the ends of the War Religion and Law were not attained but perverted 2. That the government of the Nation was dissolved in their judgment and not setled 3. Note That we were under an absolute arbitrary power 4. That in his judgment the Parliament ought not to have the Militia in them 5. And lastly That the Supreme Magistrate must be convinced in his own judgment before he yield to alter what by right he is possessed of in reference unto all which the War was undertaken But to close this point 4. Testimony of the Parl. grounds of the war declar Aug. 3. 1642. of the grounds of the war and to leave it with some further authentick demonstration and evidence The two Houses of Parliament in their Declaration setting forth the grounds of their takiâ—g up Arms published August 3. 1642. do represent onely three sorts of them viz. 1. either some former miscarriages of the Kings Government or 2. some preparations on his part to War with the incidents thereunto or lastly his refusal to grant their petitions especially that of July 16. 1642. containing their desire of the Militia the leaving Delinquents to their tryal the Kings return and concurrence with the Houses Together with the result of all these the danger to the Kingdom in Laws Liberty and Religion Now for the first of these the King had not onely acknowledged some of them as the dissolution of the Parliament before of the unhappy dissolution of the last Former errors in Government saith the King by the uninformation and advice of some persons looked upon now under another character Where they should remember that some miscarriages in government is incident unto all Princes yea all Governors whereof Dioclesian maketh a very serious complaint Vopiscus in vitâ Aurelian cit à Bucholc Chronol ad Anx. d. 304. Nihil est inquit difficilius quà m benè imperare Nam quatuor vel quinque viri se colligunt atque unum consilium c piunt ad Imperatorem decipiendum dicunt quod probandum sit Imperator qui domi clausus est vera non novit Cogitur hoc tantum scire quod illi loquuntur Facit judices quos fieri non oportebat amovet à Republicâ quos retinere debebat Quid multa Bonus cautus optimus venditur imperator There is nothing more difficult saith he than to rule well Four or five men associate themselves and take counsel together to delude the King they advise what is to be done A Note for Princes The Prince who is shut up at home knows nothing of the certainty of things but is constrained to know onely that which they acquaint him with He makes hereupon those Judges whom he ought not and removes those from government that he should not To be short a good provident and excellent Prince is bought and sold Thus he And the Parliament themselves were not a little abused by their informers Again the King acknowledges his failing in coming in person to the house of Commons to seize the five Members Kings answer to the Declation of May 19. 1642. p. 10. Edit Cambr. and saith As if by that single casual mistake of ours in form onely we had forfeited all duty credit and allegiance from our people We must without endeavouring to excuse that which in truth was an error our going to the House of Commons But besides these acknowledgments the King made real both amends and security for the future not onely by solemn promise but by passing such Acts of Parliament that did not onely remove the former grievances but also secure the subject for the time to come as we saw above both by the acknowledgment of the Commons in the Remonstrance of the state of the Kingdom among other things these The Monopolies are all supprest That which is more beneficial than all this is pag. 22 23 24. that the root of those evils is taken away which was the arbitrary power pretended to be in his Majesty of taxing the subject or charging their estates without consent in Parliament which is now declared to be against Law by the judgment of both Houses and likewise by an Act of Parliament now the Kings consent was there The evil Counsellors so quelled the Star-chamber the High-commission the Coâ—rts of the President and Council in the North are all taken away The immoderate power of the Council-Table is ordered and restrained we may well hope that no such things will appear in future times but onely stories Note to give us and our posterity more occasion to praise God for his Majesties goodness and the faithful endeavours of this Parliament The Canons and power of Canon-making are blasted by the vote of both Houses the exorbitant power of Bishops and their Courts are much abated the Authors or many Innovations in Doctrine and Ceremonies terrified the Forrests are by a good Law reduced to their right bounds the oppressions of the Stannary Courts the extortions of
there may be some kind of amicable or forcible resistance made to the person of a King in some private affairs and in some particular occasions as David might have held Saul's hands if he had in the like manner fall'n upon him as he did cast his Javelin at him And Bathsheba no doubt might have resisted David if he would have forced what he did perswade yet these no way infer a publick and armed contest against him 2. Keilah Secondly David if by temptation he would have resisted at Keilah yet God by letting his friends become treacherous kept him from giving of such a precedent As he did also keep him from fighting against his own Prince 1 Sam. 29. or else becoming perfidious and ingrateful to his benefactor Achish one of which he must have done by turning the spirit of the Lords of the Philistâ—ms against him 3. Cave of Adullam 1. Sam. 24. and chap. 26. But thirdly when David was out of temptation and himself when power was in his hand once and again and he exhorted by some as called by God to do it yet refused and that with this reason because he was the Lords Annointed Lords Annointed which is no more but that he was Legitimate King yea his heart smote him for but cutting off the lap what would it have done if by war he had occasioned the cutting off the life and head of the King For the Revolt of the ten Tribes from Solomon under Jeroboam First when others can produce so set 3. Ten Tribes See 1 King 11.29 chap. 12.24 formal and solemn a call thereunto as then was and such an express approbation afterward In loc we may indulge them the opinion of Abulensis who on these and other grounds defendeth them But secondly 2 Chron. 13.5 6. they are expresly charged with Rebellion by Ahijah who saith Ought ye not to to know that the Lord God of Israel hath given the Kingdom over Israel to David for ever even to him and to his sons by a Covenant of salt And Jeroboam the son of Nebat the servant of Solomon the son of David is risen up and hath REBELLED against his Lord. And thirdly of this judgment are the very weighty and I think the most Expositors Jews and Christians Kimchi in 2 Reg. 11. Pet. Mart. in loc Sanater in 2 Chron. 13.4 Calv. Instit lib. 1. cap. c. ult § ult Hos 8.4 Jure damnatur populi decem Tribuum rebellio quòd velut invito Deo à Davidis posteris desciverit Justly are the people of the ten Tribes condemned because they would as it were in spight of God revolt from the posterity of David saith Mr. Calvin Lastly of this judgment the Lord himself declares he was both by word and action by word when he saith They have set up Kings but not by me they have made Princes and I knew it not By action in that by this means he took both peace and true Religion from them and withal sent them into captivity long before the other but never vouchsafed them any publick visible and particular return that we read of Kimchi in 1 Reg. 11.39 it being denied by their own that the ten Tribes came back when the other two did I have done with that instance The fourth is Libnah 4. Libnah 2 Chron. 25. a City of the Priests which revolted from Joram because of his idolatry but this as that of Edom who revolted at the same time Answ are no encouragements they both being recorded as a punishment only of Joram for his revolting from the Lord God of his Fathers but no more commended then was Absolom's insurrection which also was by way of punishment or Jeroboam's Apostacy which was for the idolatry of Solomon Again it was not lawful for either Edom or Libnah so to do especially the latter being a City of Priests who should both have known and taught that defection from the house of David upon whom the Kingdom was setled Bils part 3 p. 106. and separation fâ—om the Temple to which the worship was annexed was rebellion both against God and man But 't is true too often omne malum à Sanctuario that from the Priests the ill example of sedition and schism is derived unto the people 5. Maccabees 5. Next for the Maccabees 1. Antiochus against whom they managed the war and others were invaders not inheritors of the Kingdome Aliens not natural Princes to whom they owed no allegiance by birth by laws by oath by conquest by succession by protection 2. Besides there are of their own that think the issue of that war proved bad because the Maccabees went beyond their calling 3. Lastly if Exitus acta probat this must not be alledged by them that would finally thrive in such an enterprise for this at the length miscarried and ended in the Roman servitude 6. The Primitive Christians 6. Touching the Primitive Christians under Maximinus We are first to note that they were not subjects to him but confederates and friends Moreover a war saith the Historian Euseb Hist li. 9. cap. 7. did arise to the Tyrant Maximinus against the Armenians who even from the beginning were the friends and confederates of the Romans These who alâ—o were Christians and studious of Religion the hateful Tyrant endeavouring to force unto idolatry and sacrificing to Devils of friends made them enemies and of confederates adversaries Whence it is apparent they were not subjects Secondly for other Christians that might resist in those times they might be as some of them were abetted by a coordinate power for each of the Emperours of the East and West had their dominion a part and the one did not ordinarily middle with the other yet the Empire was but one whereof the Emperours that were had the general protection and might and did succour the oppressed within the Dominions of their Colleague Euseb l. 9. c. c. 9 10. as Constantine did the Romans against Maxentius and Licinius against Maximinus or if it were not so yet were they co-ordinate Princes not subjects This for particular cases But for the general spirit and practice of Christians of those times all Writings and Apologies are full of the solemn protestations of the Christians that though for number and strength they could yet that it was not lawful for them to resist As may be seen by that of Justin Martyr Apolog. 2. God only saith he we worship but in other things we are cheerfully obedient unto you whom we acknowledge to be Kings and Princes of men And Irenaeus Lib. 5. Adv. Haeres Valentin Cujus jussu homines nascuntur hujus jussu Reges constituuntur apti iis qui in illo tempore ab ipsis Regantur Quidam enim illorum ad correctionem utilitati subditorum dantur conservationem justitiae quidam autem ad tumorem ad poenam increpationem Quidam autem ad illusionem contumeliam
ten Tribes may infer that though their Princes were both Vsurpers and Tyrants ruling by will and not by Law yet it was not lawful for their subjects to resist them Which I extend not further here than to shew their first mistake viz. That Law may be not the municipal Laws of any particular place but the Supreme Law of God touching the subjection and non-resistance of subjects toward their Princes So in the Roman Emperors whose will was Law for they permitted what they would onely to be in force and over-awed the Senate whom they were obliged to act by and for form-sake did and yet even to Nero one of the worst of them Rom. 13. the Apostle enjoyns absolute subjection to all inferiors And this Supreme Law of subjects not-resistance is signified by the Author of all government in his own word by rule and by example By rule Prov 24.21 Fear God and the King and meddle not with them that are given to change Where the word of a King is Eccles 8.2 there is power and who may say What dost thou Prov. 8. By me Kings reign c. And Eccles 8.4 I counsel thee to keep the Kings commandment and that because of the Oath of God These in the Old In the New Testament Matth. 22.21 Give unto Cesar the things that are Cesars says our Saviour And Let every soul be subject he that resists Rom. 13. resists the Ordinance of God says the Apostle And Submit your selves to every Ordinance of man for the Lords sake 1 Pet. 2.13 whether to the King as supreme c. saith the Apostle Peter Tit. 3.1 And Put them in mind to be subject to principalities and powers c. 2. By Examples of all we read of that were godly in the Old Testament And in the New of Christ our Lord who though free yet lest he should offend Matth. 17.27 paid where none was due Of the Apostles and of all the primitive Christians as we saw above This therefore is their first mistake not minding a more superior Law of subjection then that of particular Nations SEECT 2. Tyranny THeir second is about the nature of Tyranny They say it is not Gods Ordinance and therefore not ' commanded to be obeyed by the Apostle Rom. 13. nor by reason because there is no rational tye by Law they are a terror to the good and tend to the subversion and overthrow of Religion Laws and Liberty But first they should remember that although a moral evil in any kind be not Gods Ordinance yet the application of it may and often is Gods Ordinance As the setting of Satan to exercise his malice upon men and upon his own elect sometimes for their trial and humiliation as he did upon Job and the setting up a King in his wrath Job 1. as we saw above and the setting of Pharaoh over the Israelites to whom he gave no power of resistance though they were not properly subjects Secondly though Tyranny be not Gods Ordinance yet the Subjection to it is his Ordinance Was not the invasion of Cesar and reign of Caligula Nero and others a Tyranny and yet the Apostle saith Obedience to it was Gods Ordinance and for their good Thirdly Though Tyranny be not Gods Ordinance yet Government is though tyrannically exercised which good there is almost in all Tyrannies Yea and as was said before Government Tyrannical is Gods Ordinance by way of punishment and animadversion he being Gods Minister to execute wrath even Gods wrath Rom. 13. not onely upon them that do but those that have done evil as also for the tryal of the faith and patience of his Saints for well-doing That the Trial of their faith 1 Pet. 1. which is much more precious than of gold may be found glorious This was the saying of Tamerlane Tamerlane that most horrid Tyrant but yet a truth Interrogatus aliquando ab hâ—mine Genuensi cur tanta crudelitate uteretur Commotus ac veluti furens d storta facie ac spirantibus ignem oculis Aeneas Silv. in descript Asiae Refer Bucholcer Chronol An. 1398. respondit Tu me hominem esse arbitraris falleris Ira Dei ego sum orbis vastitas Who being asked by a friend why he would be so cruel He being moved with the question and in a rage his countenance distorted and hâ—s eyes flashing fire answered Dost thou think me a man thou art deceived I am the wrath of God and the vastation and destruction of the world Tyranny therefore in this sense explain'd is oftentimes Gods Ordinance This is their second error SECT 3. Ground of Non-resistance THe third fundamental one is their mistake of the ground of Non-resistance or patience which they make to be onely lawful power and legal commands taking still lawful and legal in their former sense also according to particular and municipal Laws But this as it is a dangerous so it is a false position For the true ground of Non-resistance of subjects is first the the nature of order and secondly the prohibition of Gods Ordinance First Order requires that each keep his place unless extraordinarily called by the Author of order which is God himself as Ehud Barak Jahel and others were Judg. 3. chap. 4. in which case they were not subjects as neither were the Israelites thieves Exod. 12. when they borrowed the goods of the Egyptians and restored them not nor invaders of other mens inheritances in seizing upon the Land of Canaan Josh 4. because in these cases they had the order of the God of order Neither had Abraham been guilty if he had slain his son as he was not guilty in intending it for the same reason but these are not for imitation Now then order natural is Rom. 13. That every soul be subject and do not resist the higher powers that is those that are higher than he in his own rank and place for that tends to the reproach of the God of order and to the confusion of the whole body if the members will not be ruled by the head whilst a head As when an Army will not be commanded by their superior Officers or the inferior Orbs oppose themselves to the motion of the higher ones The second ground of non-resistance in subjects is Gods Ordinance who hath so enjoyned that every soul should be subject to the higher powers Rom. 13. so long as they are higher and in possession of power by right either from man or God by special dispensation those that by such dispensation are under them are to be subject So the Apostle Peter 1 Pet. 2.13 Submit your selves to every Ordinance of man for the Lords sake whether to the King as Supreme c. And Put them in mind to be subject to principalities and Powers Tit. 3.1 And this not onely to the good and gentle or to those that command just things and maintain Religion Laws and Liberties
lost the Revenues of a good part of a Bishoprick as 't is said which he had purchased And it may be others of these Brethren are ejected as they had ejected others For these times are like those Ruffin Hist eccl l. 1. c. 21. Ea tempestate foeda facies ecclesiae admodum turpis erat non enim sicut prius ab externis sed à propriis vastabatur Fugabat alius alius fugabatur uterque de ecclesia erat praevaricatio erat lapsus ruina multorum Similis poena sed impar victoria similiter cruciabantur sed non similiter gloriabantur quia dolebat ecclesia etiam illius casum qui impellebat ad lapsum At that time the face of the Church was foul and uncomely indeed for not now as formerly the Church was destroyed by enemies but by her own One is driven the other drives him away and both of them of the Church Offences and falls and ruines there were of many All were like sufferers but not all like conquerors All were tortured alike but all could not glory alike for the Church did lament even his fall that forced another to miscarrry saith the Historian But to leave the men and to come unto the matter 3. Their matter The premises are not established they say because there is Addition Detraction and Alterations made in them since the Originals and first establishment For Answer Object 1 Addit Substract Alterat Answ we may note here a twofold distinction 1. Of persons private or publick 2. Of things lighter or more material to apply these If the Alterations Additions or Detractions alledged be done by private hands and in things of lesser moment Misprisions in lesser things by private hands the main continuing unviolate It would be better thought on whether such a misprision be it casu or consilio unwittingly or willingly ought to invalid a publick act For then perhaps neither the Brethren have an authentick Bible nor any Lawyer a true Statute-Book because there are many faults do happen by the pen and by the press which may have happened in the things we speak of But secondly if such alterations In more material ones and by publick persons c. be made by publick persons or in things material it must be considered what powers the Laws do give unto them in these affairs now it is certain and the Brethren acknowledge it that until 17 Carol. 11. The King had freedome by Law to appoint under his Broad Seal Commissioners for Causes Ecclesiastical Reasons for Reform p. 51. to amend whatsoever might be reformable in the Church And in the Act for uniformity of Common-Prayer Act for uniformity of Com. Prayer at the end of it it is granted unto the Queen that if there shall happen any irreverence in the service of God by the mis-using the orders appointed in the Common-Prayer-Book she may by her Commissioners or by the advice of the Metropolitan ordain further rites or ceremonies for the advancement of the glory of God c. Several Acts in K. Hen. 8. Edw. 6. Q Eliz particulaâ—ly that of 1 Eliz. cap. 1. Necessit of Reform p. 50. Now by this and other particular Acts that restored all Ecclesiastical power from the Pope unto the Crown And particularly by the Act of 1 Eliz. cap. 1. wherein having first united and annexed all Spiritual and Ecclesiastical jurisdiction to the Imperial Crown of this Kingdom they are the words of the Brethren it addeth what power shall be given by commission under the Great Seal to exercise the same in this following clause viz. And that your Highness your Heirs and Successors Kings or Queens of this Realm shall have full power and authority by vertue of this Act by Letters Patents under the Great Seal of England to assign name and authorise when and as often as your Highness your Heirs and Successors shall think meet and convenient and for such and so long time as shall please your Highness your Heirs or Successors such person or persons being natural born Subjects to your Highness your Heirs or Successors as your Majesty your Heirs or Successors shall think meet to exercise and use occupy and execute under your Highness your Heirs and Successors all manner of jurisdictions priviledges and preheminencies in any wise touching or concerning any spiritual or ecclesiastical jurisdiction within these your Realms of England and Ireland or any other your Highness Dominions and Countries And to visit reform redress order correct and amend all such errors heresies schismes abuses offences contempts and enormities whatsoever which by any manner spiritual or ecclesiastical power authority or jurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the increase of vertue and the conservation of peace and unity of this Realm Now howsoever the Brethren would make this Act void after the Act of 17 Car. 1. of which anon yet the things we speak of being transacted before remain in force by vertue of that Act. And certain it is that not only the Kings themselves but the Parliaments also the Judges the Ministry have always thought that by the King some alterations might be made by vertue of these Acts without violation of Law provided nothing were done contrary to any thing in the Book contained Preface to the Com. Prayeâ— Book especially when the King shall be supplicated by his people thereunto Hence the King in his Proclamation for the Authorizing of the Book of Common-Prayer by occasion of the Conference at Hampton Court which having reflected on saith Kings Proclamat for establishing the Book of Com. Prayer And for that purpose namely to satisfie the scruples of some tender consciences gave forth Our Commission under Our Great Seal of England to the Arch-Bishop of Canterbury and others according to the form which the LAWS of this Realm in like case prescribe to be used to make the said EXPLANATION c. And it is also certain that the same not only Kings successively but also Parliaments and Judges with all the other Magistracy have taken all the premises viz. The Doctrine or Articles of Religion the Worship or Common-Prayer-Book The Discipline and Government to be established by Law Or else how will the Brethren or how can any other free the Kings from Arbitrary Government the Parliaments from betraying the publick liberties the Judges from perjury and perverting Law and other Magistrates from oppressing of the people if men have been punished for disobedience to these if not established by Law But surely we may more safely confide in the judgment of so many Acts of Parliament and Laws of so many Princes By divers Ministers of sundry Counties so in the title K. Ja. Instructions to Preachers 1622. Artic. 4. Parliaments Judges Magistrates then in the conjectures of certain Country or County Ministers what is Law The rather because this being a Prerogative Ecclesiastical
admit all those to govern whom in that very question and the answer to it they did intend to oblige to subjection and obedience So gross is the Brethrens conscience to dare to utter and their confidence to think that so palpable a Calumny would pass undiscerned yea so ridiculous their hopes as to fancy it would bee beleeved To the third viz. that out of the Liturgy Proof 3 Because it is said in the Rubrick before the Communion Liberty given to the Minister by the Liturgy touching Communicants that the Minister is authorized to restrain notorious offenders from the Sacrament till they have openly declared themselves to have repented The Brethren query What is this but as much and as high jurisdiction as any Bishop can use in that particular Answ But first how shall wee make a coat for the Moon sometime they struggle as even lately if not at present for more power about the Sacrament and when my self mentioned this Rubrick unto one Mr. J. Cas that is no Cypher among them hee said it was not sufficient Again if the Brethren are by Law already instated in as much jurisdiction as any Bishop can use about the Sacrament and that is the greatest point why rest they not in it why blaspheme they the Common-prayer-book wherein it is contained why do they so wrestle imponere pelio ossam And make the Church and State as blocks to be For steps to mount unto their Prelacy But thirdly There are some Acts common in all governments and some proper A petty Constable may charge any man upon a warrant to assist him as well as the Sheriff of the County upon a writ Some kinde of share in government and exercise of Discipline was never denyed to a Minister as a Minister no more than a share with the Bishop in Preaching of the Word But Jurisdiction is a word of a louder sound than Discipline and the Government of the Church than some kinde of restraining a particular communicant Although those Acts belong to Government and are exercised by private Ministers yet they are about lesser things And also it is by concession and delegation not to bee challenged I think of right otherwise than as the officer of the Church appointed in her name to do that which of himself and as a private Minister hee could not do For then there must bee not as the Brethren say if the Bishops have sole Jurisdiction so many Popes that is six and twenty but sixty times six and twenty Popes in England For every Minister might then exclude whom hee pleased from the Communion and exercise an absolute tyranny upon the people And so much of their third proof Their last is from Law Proof 4 which because I do not understand it much that it belongs unto the Judges to determine Answ That the Bishops have appealed thereunto that my self have said above something to that point That * Vid. Tract of the R. Bp. Linc. now published of the Legality of the Bishops Courts c. Wherein the Kings Proclam and Judges sentence are recited it is declared already by the sentence of all the Judges Enrolled in the Courts of Record and by his late Majesties Proclamation and that it is like shortly to be further determined I supersede from further answering although I could Onely I may not pass the great inconsideration of the Brethren with so much virulency resisting the useful restitution of the Bishops into Parliament which is the interest of Christ himself of the Ministry and of the Kingdome First Though we are blessed be God all Christians yet our masters cause will probably bee minded a little more intently by those whom hee hath commissioned for that purpose the Ministry the honour and flower whereof are the Prelacy Again other persons have a vote in Parliament more immediately by their proxyes Why England should observe Episcopacy the Clergy none but in the Bishops Lastly The publick interest to bee concerned may well bee thought from not onely that engagement of thankfulness that lyes upon it unto Prelacy under whose Government and by whose Influence and through the effusion of the blood of whose members Religion hath been restored nor onely in regard they were by the Antient Laws even the first members next the head for the form was The Kings Majesty the Lords Spiritual and Temporal Nor onely in respect perhaps of some higher ingagements But from our experience the Mistress of fools For first neither King Lords nor Commons continued in power long after the Bishops ejectment And next hitherto wee have had no face of a Church no certainty of Doctrine no observation of Worship no exercise of Government to speak of but all things have gone to Babylonian confusion and antique Chaos Discite justitiam moniti The Phrygians will not learn till lasht they be If that amend us not then worse are wee I shall for close touching the Civil honour annexed unto Episcopacy in this Nation Zanch. confess cap. 25. Aph. 21. subjoyn the conclusion and judgement of the learned Zanchy and that in the confession of his Faith The conclusion is Episcoporum qui principes sunt politicam authoritatem non negari That the Civil Authority of Bishops which are also Magistrates or Princes is not denyed The explication follows Interim non diffitemur Episcopos qui simul etiam principes sunt praeter autoritatem Ecclesiasticam sua etiam habere jura politica Secularesque potestates quemadmodum reliqui habent principes jus imperandi secularia jus gladii nonnullos jus elegendi confirmandique Reges Imperatores aliaque politica constituendi administrandi subditosque sibi populos ad obedientiam sibi praestandam cogendi c. That besides their Ecclesiastical Authority they have also Civil Rights and SECULAR Powers and may constrain obedience unto such their powers c. which hee contradicts not in the observations Neither doth hee contradict it in his explication of that Aphorism And that place Mat. 20.25 It shall not bee so among you is understood by some to concern all Christians saith hee neither doth hee refute it SECT VI. The close of the Church-Controversie HAving thus far passed through all the five heads of motives unto Separation viz. The Doctrine the Worship the Assemblies the Discipline and the Government with replies unto them and having also vindicated them according to my weak arm by the sword of the spirit against the opposers of them I come now to close this whole dissertation His present Majesty hath indulged to the Brethren and their adherents very much in all the Premises May it prove successeful But his Grandfather King James having tasted of this Solunne geuse and wilde fowl whilst in Scotland and being pressed at his first coming as His Majesty now to the like here hee utters his judgement upon observation of Gods presence with this Church and Nation in these words We have seen the Kingdome under that form of Religion