in the judgment of the Law To alter the setled frame and constitution of the Government is Treason in any State Cicero Aut undique Religionem tolle aut usquequaque conserva Either take away Religion clean or preserve it in all points whole and sound Bracton l. 1. c. 8. The material Sword is put into the hands of the King by Almighty God lib. 2. c. 24. By the material Sword is meant Power and Right to look to the defence and preservation of the Kingdom and it is no less than Treason to enter into any Association or Confederacy without the King's Consent or against His Will By the KING His Majesty's Proclamation forbidding the tendring or taking the late Vow or Covenant c. WHereas We have lately seen a Vow or Covenant pretended to be taken by some Members of both Houses of Parliament whereby after the taking notice of a Popish and Traiterous Plot for the subversion of the True Reformed Religion and the Liberties of the Subject and to surprise the Cities of London and Westminster They do promise and covenant according to their utmost power to assist the Forces pretended to be raised and continued by both Houses of Parliament against the Forces raised by Us and to assist all other persons that shall take the said Oath which Oath as the same hath been taken without the least colour or ground the Contrivers thereof well knowing that there is no Popish Army within this Kingdom that We are so far from giving countenance to that Religion that We have always given and always offered Our consent to any Act for the suppression of Popery and the growth thereof and that the Army raised by Us is in truth for the necessary defence of the true Reformed Protestant Religion established by Law the Liberty and Property of the Subject and Our Own Just Rights according to Law All which being setled and submitted to or such a free and peaceable Convention in Parliament being provided for that the same might be setled We have offered and are still ready to Disband Our Armies and as the said Oath was devised onely to prevent peace and to pre-ingage the Votes of the Members of both Houses directly contrary to the Freedom and Liberty of Parliament and to ingage them and Our good Subjects in the maintenance of this horrid and odious Rebellion so it is directly contrary as well to their natural Duty as to the Oathes of Allegiance and Supremacy established by Law which obliges them to bear to Us Truth and Faith of life Members and Earthly Honor and to defend Us to the utmost of their powers against all conspiracies and attempts whatsoever which shall be made against Our Person Our Crown and Dignity and to do their best Endeavours to disclose and make known to Us all Treasons and Traiterous Conspiracies which shall be against Us and to their power to assist and defend all Jurisdictions Privileges Preheminences and Authority belonging to Us or united and annexed to the Imperial Crown of this Realm And whereas We are informed that some desperate seditious persons do endeavour to perswade and seduce others of Our good Subjects to take the said Oath thereby to ingage them and this Kingdom into a continuance of these miserable and bloody distempers We do therefore out of Grace and compassion to Our people and that they may not by any craft or violence suffer themselves to be seduced against their Duty and Conscience warn them of their natural Allegiance and their Obligations by Oathes lawfully administred to them and with them to remember the great Blessings of God in Peace and Plenty which the whole Kingdom hath received whilst that Dâ—ty and those Oathes were carefully observed and the unspeakable miseries and calamities they have suffered in the breaking and violating thereof And we do streightly charge and command Our loving Subjects of what degree and quality soever upon their Allegiance that they presume not to take the said Seditious and Traiterous Vow or Covenant which indeavours to withdraw them from their Natural Allegiance which they owe unto Us and to which they are or ought to be sworn and are bound by the Laws of the Land albeit they are not sworn and engages them in Acts of High Treason by the express Letter of the Statute of the twenty fifth year of King Edward the Third And We do likewise hereby forbid and inhibit all Our Subjects to impose administer or tender the said Oath or Covenant And if notwithstanding this Our Gracious Proclamation any person shall presume to impose tender or take the said Vow or Covenant We shall proceed against him or them with all severity according to the known Laws of the Land Given at Our Court at Oxford the one and twentieth day of June in the nineteenth year of Our Reign God save the King Antiqua fert animus-dicere From his Majesty's command and because our Government hath been and stands established by Kingly power which power I am not to question but perform what is commanded for the King ruleth absolutely and commandeth his people at his pleasure as the World and all things contained therein are tied in subjection unto the will of the Highest King Because the Statutes and Acts of Parliament which banished Popery out of this Kingdom did establish our Church-Government with the Ceremonies as Lawful and if we through weakness or perversness make Lawful things to be Unlawful Baxter that will not excuse us in our disobedience our error is our sin and one sin will not excuse another sin Because the King as God's Vicegerent is bound to maintain and advance the true Religion so far forth as the light of Nature can manifest it or Divine Revelation doth make it known unto Him yea a Christian King is a Law-giver above the Ecclesiastical Law-makers for with Him is Wisdom Power Righteousness Meekness Justice and Judgment Therefore we ought to acquiesce in the unanimous Votes of the King's Majesty The Honorable Houses of Parliament And the Venerable Convocation and all Powers and Interests ought to be fully satisfi'd whether in the decision of Controversies in Religion making Ecclesiastical Canons c. or any the like Ecclesiastical matters because they are the conjunct Votes of all the concerned The General Assembly in Parliament is the Common-Council of the Realm called together by the King for advice in matters concerning the whole Realm of which Assembly Lambard some be Counsellors by birth as the Barons by Succession as the Bishops by Election as Knights and Burgesses the King as the Head to give life The Barony consisting of Lords Spiritual and Temporal and the Commonalty made up of the Knights and Burgesses be as the Body to deliberate confer and conclude So that forasmuch as every man from the highest to the lowest is there either in person or procuration therefore of right reason every man is said to be bound by that which doth pass from such an Assembly
appellat quia Ceremoniarum ad eos Religionumque cura tutela pertinet The Spirit of God doth very often call Kings and Princes Priests because the cust dy and care of Ceremonies and of Religion belongs to them Bilson Kings and Princes before Christ subverted Idolls Reformed Religion in their Realms by their Princely Power and Zeal Stat. 25. Hen. 8. It was Enacted by Parliament That no Canons or Constitutions should be made by the Bishops c. and by them Promulgated without the King's Command Records of Convocation The Clergy were forced to give up their Power of Executing any old Canons of the Church without the King's consent had before Heylins History All former Constitutions Provincial and Synodal though hitherto in force by the Authority of the whole Western Church Stat. 25. Hen. 8. were Committed to the Arbitriment of the King and of sixteen Lay persons and sixteen of the Clergy appointed by the King to be Approved or Rejected by them according as they conceived them Consistent with or Repugnant to the King's Prerogative as Head of the Church or to the Laws of God c. Stat. 26. Hen. 8. Authority was allowed to the King to Repress and Correct all such Errors Heresies Abuses and Enormities whatsoever they were which by any manner of spiritual Jurisdiction might Lawfully be repressed c. any thing to the contrary notwithstanding Ibid. All manner of Jurisdiction Ecclesiastical was by Parliament acknowledged to belong to the King as Head of the Church So that no Bishop had any Ecclesiastical Jurisdiction but by under and from the King Stat. 37. Hen. 8. c. 17. Supreme Power of dispensing with any Ecclesiastical Constitutions is ascribed to the King and Parliament as recognized Supreme Head of the Church Stat. 25. Hen. 8. c. 21. and the Arch-bishop made the King 's Delegate so that in Case he should refuse two other Bishops might be named to Grant such Dispensations And after all the King and His Court of Chancery are made the last Judge what things in such Dispensations are repugnant to Scriptures and what not Stat. 37. Hen. 8. Though the King did not Personally himself Exercise the Power of the Keys yet this Right He claimed that no Clergy man being a Member of the English Church should Exercise it in His Dominions in any Cause or over any Person without the Leave and Appointment of Him the Supreme Head Nor any refuse to Exercise it whensoever He should require Stat. 32. It was Enacted that whosoever should teach contrary to the Determinations which were set forth by the King Hen. 8. c. 26. should be Deemed and Treated as a Heretick Stat. 2.5.6 E. 6. An Act is made in which the King and Parliament Authorize Bishops c. by Vertue of their Act to take Informations concerning the not using the Form of Common-prayer then prescribed and to Punish the same by Excommunication c. Confirmed by 1 Eliz. cap. 1. 5 Eliz. cap. 1. 23 Eliz. cap. 1. Because in doubtfull matters the resolution of the Major part must be obeyed Now it hath been resolved by many Kings and Princes that our Government is not repugnant to the Word of God from whose Judgment there is no appeal but only to God by Prayer Because Schism did grow out of and arise from Presbyterian Government in the purest time which caused the Churches then to out it and to establish Episcopacy as the best Antidote against Schism and for the Restauration and Maintenance of the Churches Peace which was by Succession from the Apostles if not of Divine Institution The Apostles of Christ ordained Bishops in the Church Bullinger 5. Ser. Now it seems a desperate course to use Presbyterian Government as a soveraign Antidote in our time Lloyds prim Epis which had the effect of Poison upon the Churches in the Apostles time Because Contention is a deadly Enemy to Charity and Holy-living Now the refusing of Subscription and Obedience to Church-Government must needs kindle Contentions and why will you thus Contend seeing that the Government by Bishops is the Government of Christ and what better Government can we expect from Man A Government most of the Godly have Conformed to Baxter Most of the Godly able Ministers of England since the Reformation have Judged Episcopacy Lawfull or most Fit and most of them did Subscribe and Conform to Episcopal Government as a thing not contrary to the Word of God but as instituted by the Apostles to which all or the most of the Ancient Fathers do agree so that it is very Evident that it is very Consistent with a Godly Life to Judge Episcopacy lawfull and fit or else so many hundred of Learned and Godly men would not have been of that mind Because they ought to be under the Obedience of all Laws Ecclesiastical and Civil which that Prince commands under whom they Live Division in Government makes Division in a Kingdome and a Kingdome divided cannot stand Omne regnum in se divisum desolabitur Because the Grandest opposers of the Government of the Church of England have ever been of Unconstant principles though Violently zealous in opposing Indifferent things Which if simply Unlawfull they were sin why then do they not contend against them as sinfull but as formerly they did so now they can dispense with them under their own Cure in the Person of another and Subscribe themselves if they might be Dispensed with as to a Compliance in their own Persons which by the Act they are Enjoyned Nor do we find any great Opposition in the time of the Reign of our Immortal Queen Elizabeth untill Her Majesty Commanded Her Bishops and Her Bishops by Her Authority Commanded due Obedience to the Government of the Church which doth manifest it was not nor is not Conscience that doth raise this Opposition against them as if Unlawfull but as not Convenient for them that have been and still are Braindistempered opposers of them Because no Persons for the reason of inconveniency ought to reject what Publick Authority hath allowed Sith that it is apparent that the Composers of our Divine Service-book made choice of the best things out of the most Ancient Liturgies of the Churches which Flourished long before the Birth of Antichrist Because it hath not been manifested unto the Church of England by any Irrefragable positions that the Government of the Church is Unlawfull or the Ceremonies thereof Impure for which impurity the Church should lay aside the Practice of them being Warranted by the Word of God or not Dissonant from it And that they are Unlawfull hath not nor cannot be Proved though Disallowed by some whose Approbation makes nor the Government of the Church of England ever a whit the more Lawfull though Consented unto by them Because we have the Truths of Doctrine Christian Ordinances and a Holy People of the Church of England exercising themselves in the Holy Duties
J. Goodwin The Parliamentary Assembly in a Representative and Legal consideration is the whole Body of the Nation and of all the persons in it having the same Power and Authority by Law and in Conscience too to do every whit as much in every respect as the whole Nation and all the particular persons therein could have if they were met together All the Kingdom besides hath no such Power as they and things may be done very Lawfully and with a good Conscience by virtue of their Appointment and Command with the King's Consent which could not be done without it though a thousand times more men or persons than they are should command them Because the Council of the King consisteth onely of persons thereunto especially elected by Himself and thereunto sworn to serve Him with their faithful advice and counsel and whether they be Nobles or no it is not material seeing that the Calling cometh not by Birth Lambard but groweth by Election and be so incorporate with him as he speaketh by them and their Judgments are reputed to be His own Because the King and Governors substituted under him both Ecclesiastical and Civil excel in virtue by equity saving from injury and do maintain all in one indifferency of Right and Justice and therefore to be obeyed in what they shall command by all good Subjects J. Goodwin A man's consent to an Unlawful Power in an absolute and simple consideration is a meer Nullity and such a a Power never the more Lawfullized thereby Because the King in his own Kingdom is the onely Supreme Judge and bound by his Coronation Oath to be the onely Judge of his people as may appear by this one Question therein amongst others Lambard Facere fieri in omnibus judiciis tuis aequam rectam justitiam discretionem in misericordia veritate secundùm vires tuas Judiciis tuis vires tuas do more properly denote unto us his own doings than the doings of his subaltern Justices albeit their judgment be after a certain manner the Judgment of the King himself also from whence their Authority is derived Camero the Learned holdeth that in things pertaining to external order in Religion Kings may command what they will pro Authoritate and forbid to seek any other reason besides the Majesty of their Authority yea when they command frivola dura iniqua respectu nostri our consciences are bound not onely in respect of the end because scandal should possibly follow in case we obey not but also jubentis respectu because the Apostle bids us obey the Magistrate for conscience sake Eleutheriâ—s to K. Lucius Rex Dei Vicarius est in Regno suo The King is God's Vicar in his own Kingdom Because we have the testimony not onely of Antiquity but of Papists themselves in the days of Queen Elizabeth of ever blessed memory whose Church-Government was the same with ours now in being Guazzo If say they there be nothing to keep her meaning the Queen from Heaven but Her Religion no doubt but She shall go thither for I can tell you this that the most Learned men of the world are of this opinion that Her Religion is the high way to Heaven and if a Tree be known by its Fruits we doubt not but this Tree is good which bringeth forth such Fruits as the like are not to be found in the whole world again a Princess and now a Prince endued with such piety such purity c. that She and now He may be a pattern for all Princes to practise by Grave and Wise Counsellors referring all their thoughts and doings to God's glory their Prince's safety and their Country's commodity a well-disposed and orderly Commonalty ruled as much by Religion as Law obeying as well for conscience as fear continual peace and quietness which is a singular blessing of God and an undoubted sign that God liketh well of Her and now of His proceedings For as She so He banished Popery keeps the Ceremonies and maintaineth the Authority of Bishops To attempt to be the Authors of Combinations to extort by tumults the alteration of any part of the established Government Ecclesiastical or Civil is Treason and will lay such men open to the lash of the Law Stâ—w in vit H. 7. Bugnal Scot Heath and Kennington being Sanctuary men in St. Martins le Grand London had judgment to be hang'd drawn and quarter'd for setting up seditious Bills to the scandal of the King and some of his Council In vita Eliz. Penry Udal Barrow Greenwood Studley Billots and Bowdler were Condemned and three of them hanged for writing Treasonable and Seditious Books by which the Peace of the Kingdom might have been disturbed though no Rebellion followed Hollingshed in vit Eliz. Copping and Thacker were Hang'd at St. Edmonds-bury for publishing the Pamphlets writ by Robert Brown against the Book of Common-prayer How 's Chron. Mr. Williams Barrister of the Middle Temple was Executed in King James his Reign for writing a defamatory Book against the said King and his Posterity Because the Matter of Church-Government is far wide from every man's particular profession neither is it to be spann'd and fathom'd by the length and reach of ordinary discretion but requires great faithfulness gravity meekness and dexterity to restore Religion into her place and being placed there to keep it Because it is not a bare good intention or Zeal without knowledge that can justifie a good action much less an evil action it must be a mature knowledge that will warrant actions upon which our Customs are grounded now Customs are not to give place to men's Humors but men must resign their Humors to Custom nay to Government established by Law for our Government hath been long and often established and if there were a change we should never be at peace within our selves by reason of those humorous affections that are amongst us Because those that thwart the Government of the Church if left to themselves would be able to cross the King and encourage the people to Rebellion and thereby become unpeaceable proud obstinate disobedient self-will'd and contradict the Powers that be of God For can we expect Unity and Peace from those that have been so wofully divided amongst themselves and yet are unanimous against the Rites and Ceremonies Because it is a Jesuitical Opinion to hold that Princes must determine nothing in matters of Religion nor ought to encourage the Church For Riches tend much to strengthen the Clergy and preserve Religion but dissentions and divisions and exasperating of the King against the Bishops is the way to sow the seeds of another desperate War and by novelties and diversities make people grow weary and set loose to the practise of piety Paraeus Magistratus est Custos Religionis The Magistrate is the Keeper of Religion Cunaeus de Rep. Heb. Persaepe Spiritus Divinus Reges principesque Sacerdotes
any particular Act but have Liberty to ordain such wholesome Laws Canons Orders Constitutions c. Ecclesiastical and Civil as are not repugnant to the Word of God which are binding to the Conscience and ought to be observed of every Man though not particularly enjoyned in the Scripture or written Word of God Because it is better to bear the Use of the Ceremonies and yield Obedience to the Government than occasion the Rending of the Church the Displeasure of our Governours the Loss of those Talents God hath entrusted any one with the Distress of a man's Family the Confirming of an error by Example and Condemning as Untollerable Sinfull and Unlawfull what God will Justifie as Lawfull in the Great Day For fear lest by my Disobeying the Lawfull Authority of a Christian Church and Magistrate whom I ought to obey for Conscience sake I Scandalize the weak or become an occasion to them that are weak to Contemn the Authority of the Magistrate and of the Church and the Ceremonies thereof which are appointed and by them thought convenient yea necessary that the External Glory of the Church should be in some measure proportionable to the Glory of the Kingdome Because as Subjects we are bound in Duty and Conscience to Submit which all may readily do with a free Conscience because whatsoever Laws are Imposed are Limited by the Word and the Law-makers are restrained from Commanding that which God Forbids Because the Peace of the Church is one of the sweetest rellished Mercies that we hold next unto the Graces of God's Spirit which by In-conformity is broken And the Punishment of the Omission or rather the refusal of Submission to the established Government is in respect of the neglect if not contempt of Lawfull Authority of the Churches Discipline and Peace and not because the meer Omission is Sin Because if the Ceremonies and established Government of the Church were Sinfull and Unlawfull why do Ministers themselves and not a few others who refuse to Conform to the Government in their own Persons quietly suffer it in their own Children do they not love the Salvation of their Children they shall be your Judges Because the Church of England receiveth its own Customs with difference from other Churches lest men should think that Religion is tied to outward Ceremonies which Customs our Clergy use as the Customs of the place wherein they Live Because those Laws which of their own nature are changeable be notwithstanding uncapable of change if he which gives them being of Authority so to do absolutely forbid to change them neither may they admit alteration against the Will of such a Law-maker Because Magistrates must Judge all causes and Govern the people whom all are to Honour Submit unto and Reverence in deed word and gesture as to the Lord Ainsworth For the Word of God is Committed to them and they therefore are called Gods And Subjection is due unto the King as to the Superiour unto the Governours as they are sent of him And this Subjection must be both openly and secretly even of Conscience and not for fear of wrath only And there is not a cause why either Princes should forsake their Places Titles Dignities or the People shake off their Subjection For seeing Magistracy is God's Ordinance none are meeter to Execute it to have his Word and Sword committed to them to carry his Titles and to Judge the people And seeing it is still his Ministery for the good of his people none can better perform this Duty and be Nursing Fathers and Nursing Mothers of the Church than Christian Kings in which Ministration they both maintain and conserve the true Religion of God according to his Word and reform things Amiss and also maintain Civil peace So that they are not only Ornaments of Common-wealths but their Safety and Strength under God and they are the Shields of the World to whom we owe Homage Service and Subjection and should allow them Maintenance pay them Tributes and other Duties in recompence of their Cares Labours and Imployments that so mutual Concord may all manner of ways be Conserved Because nothing is Commanded strictly to be observed but such things as are necessary and cannot be omitted without Disorder and Scandal unto the Obedience of which all have been and are still invited and sweetly drawn with yielding to the Conditions capacities and judgments of 〈◊〉 so farr forth as the Stamp which God hath set on those he hath called to Office and Command may be Preserved and not Debased And seeing that the Original occasion of Episcopacy doth very much commend it Lloyd it being brought in to Heal the evil of Schism and by preventing it for time to come to secure the Peace of the Church it should be the more acceptable to us From a desire by our example of Obedience to win others to the love of the Government and by our sweet behaviour to attract others to Virtue not to Disputations while they observe our Dispositions Manners Affections Aims and Intendments are to glorifie God and not being otherwise minded in all Humility to yield to reason not presuming upon our own strength but with patience bearing what is Commanded with all Long-suffering that we may be like our Heavenly Father Lest we seem to make our selves wiser than He. Because our Spiritual Governours are given unto us and set over us as those to whom the whole care of the Church belongeth and by whose Authority the honour of the Church is preserved which remaining safe Peace is safe therefore let us be followers of their Doctrine Living in Conformity to the Customs of the present times Imitators of wise Christians and such as are Patterns to be practised by considering that our Prince and Governours who are the true Patterns and Mirrours of God amongst us are not ignorant of any thing whatsoever which may tend to the quiet Religious and civil Government of us and the Kingdome Because Princes are Lords over Laws and enjoyn them to others of whom it is not Lawfull to invent or speak that thing which may turn to the Disgracing of the Laws and Government or Reproach of our Governours appointed by our Head and Superiour to whom we must and ought to yield Obedience by the Command of God in all causes whatsoever Because it is more meet that we follow the Counsel of many Learned Bishops who had the chiefest hand in Planting in the Restitution and Reformation of Religion in all Ages than that all of them should strike Sail to the fancies of a few inconsiderate Mushromes considering that the Power they have committed to them hath been and still is for the good of the Church and not for themselves which others that want Integrity Morality Charity Mercy and Judgment cannot exercise nor discharge suitable to the ends of Government Because the Churches abroad confess their Preachers have a great deal of wrong and injury offered them in that they are blamed as though they