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A83496 Speeches and passages of this great and happy Parliament: from the third of November, 1640, to this instant June, 1641. Collected into one volume, and according to the most perfect originalls, exactly published. England and Wales. Parliament.; Mervyn, Audley, Sir, d. 1675.; Pym, John, 1584-1643.; Strafford, Thomas Wentworth, Earl of, 1593-1641. 1641 (1641) Wing E2309; Thomason E159_1; ESTC R212697 305,420 563

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God had endowed the Church of England with which God himself hath given by his Law unto the universall Church and in that which the Kings of England by their Charter have bequeathed to the particular Church of England and this we doubt not was the cause that moved Hen. 8. so effectually and powerfully to bend himselfe against the Popes Supremacy usurped at that time over the Church of England for saith the King we will with hazard of life and losse of our Crown uphold and defend in our Realms whatsoever we shall know to be the will of God The Church of God then in England not being free according to the great Charter but in bondage and servitude to the See of Rome contrary to the Law of God the King judged it to stand highly with honour and his Oath to reform redresse and amend the abuses of the same See If then it might please our gracious Soveraign Lord King Charles that now is in Imitation of that his noble Progenitor to vouchsafe an abolishment of all Lordly Primacy executed by Archepiscopall and Episcopall authority over the Ministers of Christ his Highnesse in so doing could no more rightly be charged with the violation of the great Charter then might King Henry the eight with the banishment of the Popish Supremacy or then our late Soveraign Lady Q. Elizabeth could be justly burdened with the breach of her Oath by the Establishment of the Gospell Now if the Kings of England by reason of their Oath were so straitly tied to the words of the great Charter that they might not in any sort have disanulled any supposed Rights or Liberties of the Church used and confirmed by the said Charter unto the Church that then was supposed to be the Church of God in England then be like King Henry 8. might be attainted to have gone against the great Charter and against his Oath when by the overthrow of Abbeys and Monasteries he took away the Rights and Liberties of the Abbots Priers for by expresse words of the great Charter Abbots and Priers had as large and ample a Patent for their Rights and Liberties as our Archbishops and Bishops can at this day challenge for their Primacy If then the Rights and Liberties of the one as being against the Law of God be duely and lawfully taken away notwithstanding any matter clause or sentence contained in the great Charter the other having but little reason by colour of the great Charter to stand upon their pantofles and to contend for their painted sheaves for this is a Rule and Maxime in Gods laws that In omni Juramento semper excipitur authoritas majoris Unlesse then they be able to justifie by the holy scriptures that such Rights and Liberties as they pretend for their spirituall Primacy over the Ministers of Christ be in Deed and Truth inferred unto them by the holy law of God I suppose the Kings Highnesse as successor to Hen. 8. and as most just inheritour of the Crown of England by the words of the great Charter and by his Oath is bound utterly to abolish all Lordly Primacy as hitherto upheld and defended partly by ignorance and partly by an unreasonable and evill Custome My Lord DIGBIES Speech in Parliament 1640. Master Speaker THis happie meeting is to bemoane and redresse the unhappie State of this Common-wealth Let me have I beseech you your leave to give you in a word a short view of our griefes then see whence they flow Our Lawes our liberties our lives and which is the life of all our Religion all which have been by the endeavours of so many Ages secured and made so much our owne can scarce be called ours Our Lawes the only finews and ligeaments of our estates which should run in an even streame are now made to disdaine their bancks and to overflow and drown their fields which they should gently redresse our liberties the very spirit and essence of our weale which should differ us from slaves and speake us English-men are held away by them that even whiles they take them from us cannot but confesse they are our proper dues Are not our lives in danger when an enemy disguised like a friend provoked is as it were suffered because indirectly and in vaine resisted to come almost into our bosomes to rifle some of their goods others of their loyalty which perhaps they could not neither would have touched might we with united force have resisted And lastly which is the soule of all our grievances our Religion which should have beene our Cordiall in all our distempers like a forced Virgin laments ever that her pure innocencie is taken from her and sure all these effects must have their causes That we have just and wise Lawes we may thanke those good Kings that made them the settled exposition of just circumscribed Lawes to binde and defend the Subject That they are so well framed and usefud and to containe enough to make a good King and people be perfect be safe and happie What do we owe to these grave Councellors who sate here before us and that they out-live the malice of some unbounded spirits we are beholding to them that Reprieved them from ruine with their lives and fortunes we call them ours because we are freely born to them as to the Ayre we breath in we claime them and should possesse them under the Protection of our gracious King who is their great Patron and disposes them not inconsiderately but by the advice of those learned expositors of the Lawes the Judges and those whom he trusts to be his great and faithfull Councellors If those pervert the ground and meaning of the Law and contract ●he power of it or make it speake lowder or softer as they themselves are tuned for it the blame should deservedly fall on those mistrusted ministers who are the base betrayers of his Majesties honor and his Peoples right to vindicate which necessitie hath here assembled you Mr. Speaker Is not this offence and m lice as great who should undermine my Tenour and surruptiously deprive me of my evidence by which I held my Inheritance as he who by violence should wrest it from me The Scots we have heard branded as Traytors because they have contrary to the law of Nations and their loyaltie invaded our Kingdome in Arms what other title have they merited who have invaded our Lawes and liberties the precious evidence by which we should freely enjoy our selves and our estates The first we may resist and drive forth by united force and it will be called pietie to the King and Countrie if force be lay'd against the other it will be stiled Rebellion What now remaines but that we should use the Law which because it hath beene inverted and turned against us contrary to its owne naturall and plaine disposition should now right us and it self against our Adversaries Surely the Law is not so weak and improvident to take care for others and never provide
à me alienum puto was indeed the saying of the Comedian but it might well have becom'd the mouth of the greatest Philosopher We allow to sense all the works and operations of sense and shall we restrain reason must onely man be hindered from his proper actions They are most fit to do reasonable things that are most reasonable For Science commonly is accompanied with conscience So is not ignorance they seldome or never meet And why should we take that capacity from them which God and nature have so liberally bestowed My Lords the politike body of the Common-wealth is analogicall to the body naturall every member in that contributes something to the contribution of the whole the superfluity or defect which hinders the performance of that duty your Lordships know what the Philosopher calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Natures sin And truely my Lords to be part of the other body and do nothing beneficiall thereunto cannot fall under a milder term The common-wealth subsists by laws and their execution and they that have neither head in the making nor hand in the executing of them conferre not any thing to the being or well being thereof And can such be called members unlesse most unprofitable ones onely fruges consumere nati Me thinks it springs from nature it self or the very depths of Justice that none should be tied by other Laws than himself makes for what more naturall or just than to be bound onely by his own consent to be ruled by anothers will is meerly tyrannicall Nature there suffers violence and man degenerates into beast The most flourishing Estates were ever governed by Laws of an universall constitution witnesse this our Kingdom witnesse Senatus populusque Romanus the most glorious Common-wealth that ever was and those many others in Greece and elsewhere of eternall memory Some things my Lords are so evident in themselves that they are difficult in their proofs Amongst them I reckon this inconveniency I have spoken of I will therefore use but a word or two more in this way The long experience that all Christendom hath had hereof for these 1300 yeers is certainly argumentum ad bominem Nay my Lords I will go further for the same reason runs thorow all Religions never was there any Nation that employed not their religious men in the greatest affairs But to come to the businesse that lies now before your Lordships Bishops have voted here ever since Parliaments began and long before were imployed in the publike The good they have done your Lordships all well know and at this day enjoy for this I hope ye will not put them out nor for the evill they may do which yet your Lordships do not know and I am confident never shal suffer A position ought not to be destroyed by a supposition àposse ad esse non valet consequentia My Lords I have done with proving of this positively I shall now by your good favours do it negatively in answering some inconveniences that may seem to arise Object 1 For the Text No man that warres intangles himself with the affairs of this life which is the full sense of the word both in Greek and Latine it makes not at all against them except to intermeddle and intangle be tearms equivalent Besides my Lords though this was directed to a Church-man yet it is of a generall nature and reaches to all Clergy and Laity as the most learned and best expositors unanimously do agree To end this Argumentum symbolicum non est argumentativum Object 2 It may be said that it is inconsistent with a spirituall vocation truely my Lords Grace and Nature are in some respects incompossible but in some others most harmoniously agree it perfects nature and raises it to a heighth above the common altitude and makes it most fit for those great works of God himself to make Laws to do Iustice There is then no inconsistency between themselves it must arise out of Scripture I am confident it doth not formally out of any place there nor did I ever meet with any learned Writer of these or other times that so expounded any Text. Object 3 But though in strict tearms this be not inconsistent yet it may peradventure hinder the duty of their other calling My Lords there is not any that sits here more for preaching than I am I know it is the ordinary means to salvation yet I likewise know there is not that full necessity of it as was in the primitive times God defend that 1600 yeers acquaintance should make the Gospel of Christ no better known unto us Neither my Lords doth their office meerly and wholly consist in preaching but partly in that partly in praying and administring the blessed Sacraments in a godly and exemplary life in wholsome admonitions in exhortations to vertue dehortations from vice and partly in easing the burdened conscience These my Lords compleat the office of a Church-man Nor are they altogether tied to time or place though I confesse they are most properly exercised within their own verge except upon good occasion nor then the omission of some can be tearmed the breach of them all I must adde one more an essentiall one the very form of Episcopacy that distinguisheth it from the inferiour Ministry the orderly and good government of the Church and how many of these I am sure not the last my Lords is interrupted by their sitting here once in 3 yeers and then peradventure but a very short time and can there be a greater occasion than the common good of the Church and State I will tell your Lordships what the great and good Emperour Constantine did in his expedition against the Persians he had his Bishops with him whom he consulted with about his military affairs as Eusebius has it in his life lib. 4. c. 56. Object 4 Reward and punishment are the great negotiators in all worldly businesses these may be said to make the Bishops swim against the stream of their consciences and may not the same be said of the Laity Have these no operations but onely upon them Has the King neither frown honour nor offices but onely for Bishops Is there is nothing that answers their translations Indeed my Lords I must needs say that in charity it is a supposition not to be supposed no nor in reason that they will go against the light of their understanding The holinesse of their calling their knowledge their freedoms from passions and affections to which youth is very obnoxious their vicinity to the gates of death which though not shut to any yet alwayes stand wide open to old age these my Lords will surely make them steer aright But of matter of fact there is no disputation some of them have done ill Crimine ab uno disce omnes is a poeticall not a logicall argument Some of the Judges have done so some of the Magistrates and Officers and shall there be therefore neither Iudge Magistrate nor Officer more A personall
but of late and were first called so 16 Rich. 2. c. 1. in our Statutes By his spiritualties I mean those wherein he is more then a Presbyter and therein I consider his authority over Presbyters by the Oath of Canonicall Obedience by which he may command them to collect tenths granted in Convocation c. 20 Hen. 6.13 p. 25. Secondly his Office which is partly Judiciall and partly ministeriall Judiciall by which he is Judge in his Courts of all matters Ecclesiasticall and spirituall within his Diocesse Cok. Rep. 8. Trollops C. Secondly he is Judge of the fitnesse of such as are presented unto him to be instituted into Benefices Cok. rep 5. Specots cap. Ministeriall and thereby he is to Sacred places Dedicate to Divine Service 9. H. 6.17 pag. 8. Secondly he is to provide for the officiating of Cures in the avoydance of Churches on neglect of the Patrons presenting thereunto Thirdly he is to certifie loyall Matrimony generall bastardy and excommunication Fourthly to execute Judgements given in quare impedit upon the writ Ad admittendum Clericum and other c. Fiftly to attend upon tryals of life to report the sufficiency or insufficiency of such as demand Clergy Sixtly to ordaine Deacons and Presbyters All these I conceive to be Jure humano given to these Bishops and may upon cause be taken away from them Ob. Bishops have been in the Primitive Church and are Apostolicall and from the beginning Sol. To this I answer first that in the pure primitive times of the Church the History whereof is recorded in the Acts and Epistles of the Apostles in which the first and best patterns of Church government is expressed there is no mention of other Bishops then the Presbyters as appeares First the holy Scriptures declare the duties and office of Presbyters and Bishops to be one the same The Bishop is to teach and rule his Church or Congregation 1 Tim. 3.2.5 and the Presbyter is to teach and feed his flock and to oversee care for and rule them 1 Pet. 5.2.3 Secondly the Presbyters are in holy Scriptures said to be the Bishops of the holy Ghost Acts 20.28 Paul charges the Presbyters of Ephesus to take heed to the flock whereof the Holy Ghost had made them Bishops And other Bishops the Holy Ghost never made Thirdly Ephesians 4.11 God is said to have given to his Church for the perfecting of the Saints for the work of the Ministery and for the edifying of the body of Christ Apostles Prophets Evangelists Pastors and Teachers here is an expres enumeration of the officers God hath given whereof the first three are extraordinary and ceased and the last only remains and is to remain untill we all come to perfection as it is ver 13. and this perpetuall Officer is called Pastor in relation to his flock whom he is to govern in Spiritualibus and Teacher in respect of his duty to feed them with the word of truth and is the very same with the Presbyter as appeares above Argumentum à divisione est fortissimum The Bishop as he is any more then a Presbyter is none of these no Officer given by God and therefore ought not to be in the Church Christ the King of his Church was faithfull in his House not only as a servant as Moses was but as the Son in an excellency and eminency Heb. 3.5 and to his kingly Office it pertains to appoint the Officers he will use for the government of his Church in spiritualibus and it agrees not with his faithfulnesse to neglect or omit the appointment of them and leave his House his Church without such Officers He is only wise and therefore best knows what Officers are usefull for his Church and infinitly loving of his Church and therefore hath not left her without any Officer fit for her Ob. Titus in the end of Pauls Epistle unto him is said to be the first Bishop of Crete and Timothy in the end of the Epistles unto him to be the first Bishop of Ephesus Sol. Those additions are spurious and no part of the holy Scriptures Derk upon Gal. 6. infine For Tim. See 1 Cor. 4.17 16.10 Acts 17.13.15 19.22 20.4.5 1 Thes 3.1.6 Heb. 13.25 Colos 1.1 Phil. 1.1 2.19 For Titus See 2 Cor. 7.13 8.6.16.23 and 12.18 Gal 2.1 2 Tim. 4.10 Tim. 1.5 and ● 3.12 and as Beza observes are not in many greek ancient copies to be found and this is so evident as it is granted by most Divines 2. And as they be no part of the Scriptures of God so they be apparently contrary unto them for by them it appears that they namely Titus Timothy were Evangelists extraordinary officers associats and fellow-helpers of the Apostles in their generall and Universall function attendant upon them and sent by them as occasion required from one Church to another never keeping any fixed residence any where and if they had been Bishops of any place Paul would never have suffered much lesse forced them to be non-residents Saint John Revel 12.3 writing to the 7 Churches of Asia directs his speech to the Angel of each Church Ob. 2. and in each of those Churches there were then severall Congregations and Presbyters therefore the Angel was the Bishop over them To this I answer that as Angel is a name common to all Presbyters who are Christs Messengers and Ambassadors So it appears to be used here by the very context cap. 2. v. 10. Where speaking to the Angel of the Church of Smyrna the holy Ghost saith Feare none of the things thou shalt suffer the Devill shall cast some of you into prison but be thou faithfull c. Angel being nomen multitudinis is taken in these chapters collectively for all the Presbyters some of whom the adversaries should imprison and not for any one above or before the rest The same appears in the like manner ver 13.23 Seeing then the Episcopacy may be taken away in all wherein it exceeds the Presbyters office and that the office of the Presbyter is cleerly jure divino I conceive we are first to restore the Presbyter to his due and to him it belongs to teach and feed his flock and to oversee care for and rule them in spiritualibus Act. 20.17 1 Tim. 3.2.5 1. Pet. 5.2.3 So saith the holy Scripture And so saith our Law also He is to minister the Doctrine and the Sacraments and the discipline of Christ as the Lord hath commanded and as this Realme hath received the same according to the commandements of God See the book of Ordering of Priests in the 3. question And he is called in our Law Rector Ecclesiae and the words of his institution be Te●octorem Ecclesiae instituimus curamque regimen animarum parochianorum tibi●in Domino committimus The Bishops have taken by usurpation from the Presbyter divers rights first contrary to his Ordination and institution they will not suffer him to preach in his own Cure
without a license Secondly they restrain him from preaching some doctrines as of predestination and others that overthrow Arminian tenets when his faithfulnesse in his Office requires he should keep nothing back This is read to the Presbyter upon his Ordination and his charge then given him is remarkable See the booke of ordering Priests but to shew them all the counsell of God Acts 10.27 Thirdly they will not suffer him to intermeddle in the discipline These usurpations I conceive are to be taken away and the Presbyter to be left free from them Secondly for the Episcopacy I conceive that first their Baronies and the intermedling of the Clergy in Civill Councels affaires and imployments ought to be taken from them First I conceive such Bar● and intermedling is against the Law of God Christ refused to intermeddle in dividing inheritances though more able and fit for it then any Bishop Luke 12.13 and saith his Kingdome is not of the world John 18.36 and the Disciple is not above his Master Mat. 10.24 and Acts 6. The Apostles refuse to intermeddle in the Deacon or Churchwardens office though of all earthly imployments the neerest to the Church and the reason they give is remarkable for this purpose because they were to attend to Prayer and Administration of the word and therefore not meet for them to attend such secular matters and 2 Tim. 2.4 The Apostles laies down a rule in this case that nemo militans Deo se implicat negotiis hujus seculi and upon this ground even the Popes Canon-laws are against these things as inconsistent with the ministeriall function And the due execution of the commission Goe preach and baptize is of it selfe burthen and work enough for any man whatsoever his gifts and parts be and made Paul though of a more excellent and able spirit cry out under the sense of the waight of it Who is sufficient for these things 2 Cor. 2.16 Secondly it is against the fundamentall Laws of this Land whereby they that are within holy Orders Non est consonum quod ille qui salubri statui animarum piis operibus continue deservit ad insistendum in secularibus neg●tiis compellatur vide the writ that they may the better attend upon and discharge their duties are not to be intangled with temporall businesse and therefore if any such be chosen to any temporall office the Law hath ordained a writ to discharge them thereof Reg. 187.6 The King may command the service of men in orders and then it is to be given him by naturall allegiance This rule admits two exceptions and both are in this case first except the service from that person be against the Law of God as here it is and then it is better obey God then man in praesentia majoris cessat potestas minoris Secondly if the service concern the Common-wealth and the person of whom it is required be not sufficient for it nor brought up unto it the command is against Law and the service not to be done if the King grant the Office of the Clarke of the Crown to one not brought up to it it is void and the service not to be intermedled withall by him 9 Ed. 4.56 Winters case Secondly that part of the Bishops spirituall office by which he claimeth superiority over Presbyters ought to be taken as I conceive from them as being against the will of God The Apostles questioning among themselves which should be the Superior are sharply reproved by our Saviour for it and he tels them plainly it shall not be so among them Mark 10.42 Luke 22.25 and Diotrophes 3 Job 9. is branded for it that he sought prehominence in the Church The mystery of iniquity in the Popish Hierarchy in the Presbyters exalting themselves began to work in the purest primitive times as we see in Diotrophes and Peters cavear 1 Pet. 5.3 and never left till it came to the Pope 2 Thes 2.4.7 the highest degree and top thereof By which it seems to me evident that to leave the pattern of Church government set down in the word of God to follow the examples of after ages upon a false cry of primitive times is to forsake the pure fountain and wallow in the muddy and corrupted streams of antichristian ambition Thirdly that part of the spirituall office of the Bishop whereby he is to instruct the people committed to his charge with the holy Scriptures as upon the 2 question put unto him at his Consecration he undertakes to doe ought as I conceive to be reduced to a possibility for him to performe it It is impossible for him to doe it to a whole Diocesse therefore he should be limited to some particular Congregation unto which he might perform this trust which requires sufficiency attendance and diligence Fourthly Ordination in the scriptures is ever expressed to be by them in the Church that had authority and were officers in the Church as Apostles Evangelists and after by the Presbytery 1 Tim. 4.14 2 Tim. 1.6 And a shadow of this remains in our Law Acts 14.23 Titus 1.5 6 7. for the Bishop only is not to lay hands upon the party to be ordained but the Presbyters there attending are to joyn with the Bishop therein Books of orde ring Priests This I conceive is not fit to be in the hands of any one ordinary officer in the Church the discerning of the gifts abilities and faithfulnesse of persons to be ordained Presbyters requiring great judgement care and circumspection Plus vident oculi quam oculus The like I say of deprivation Fiftly Excommunication by the Scriptures ought to be only in case of enormous offences and obstinacy in them and onely in the Congregation whereof the party to be Excommunicate is a member 1 Cor. 5.4 Tell the Church cannot be meant of one man Mat. 18.17 Diotrophes is branded for taking upon him alone to cast any out of the Church This also abused as well as usurped by the Bishop is to be reformed Sixtly Institution and induction are usurped by the Bishops upon the fundamentall Laws of this Kingdome by which the Patron after his Clerk was ordained did without any more invest him into the Church See Selden of tithes 86. And a relick of this we retain still in Churches that be donatives Seventhly The jurisdiction of tithes causes matrimoniall and causes testamentary in the times of the increasing power of the Pope when the Bishops thereby grew more formidable were taken from the Civill Magistrate to whom originally they belonged upon pretence that the tithes were Jure divino the Churches patrimony and Mariage a Sacrament and that the disposing the goods of the dead most properly belonged to him for the good of the soule in Purgatory to redeem it thence to whom the cure of the Soule appertained in his life time vide 2 R. 3. Testaments 4.11 H. 7.12 B. Plowden 279. B. Foxes c. Cok. rep 9.37 B. Heustoes case Dames rep 97. B.