themselves from the Jewish Synagogue exposed to all the disadvantages of scorn and danger both by Jews and Gentiles For as concerning this Sect we know that every where it is spoken against so said the Jews to Paul at his coming to Rome Acts 28. â—2 Tacitus in Annal lib. XV. Homines per flagitia invisi as much about the same time the same Tacitus calls them and therefore odio humani generis convicti obnoxious to the common hatred of all men as it after followeth Persecuted upon this account by the Roman Emperors reviled by the malicious Pens of Celsus Prophyry Lucian Julian and the rest of that Rabble Thus also hath it happened to the Church of England No sooner had King Harry freed her from the Bondage of Rome but the proud Pharaohs of that City pursued him presently with their fulminations endeavouring to raise up all the Princes of the Earth against him nor had she sooner purged her self of those superstitions and corruptions which had been put upon her in the time of that Bondage but many hundreds of her children were forcibly driven through the Red Sea a Sea of their own blood to the Heavenly Canaan Persecuted after this in forein parts by the Inquisition at home by the malitious pens and practices of that dangerous Enemy And as if this had not been enough for her affliction her Bowels must be torn out by those very children which she had nourished in the faith though afterwards they scorned to own her for their Mother The first thing quarrelled on both sides is the Way and manner of her Reformation which is affirmed by those of Rome to have too little of the Pope and too much of the Parliament by those of the Genevian party to have too little of the People and too much of the Prince The Genevians or Presbyterians find themselves agrieved that in the agitating of this great Business there was no such consideration had of the common People as in other places their Lay-Elders being allowed no Vote either in the Consistory or the Convocation and consequently no care taken of the Peoples Interess which in a matter which so nearly concerned their souls was as great as any applauding for this cause the riotous proceedings in some other Countreys where the People threw down Altars defaced Images and in a pious zeal no doubt demolisht Churches laying thereby the ground-work of a more thorow Reformation than was made with us The Romanists do complain as loudly that this great Work was wholly carried on by the power of Parliaments And hereupon it is affirmed by D. Harding the first that took up Arms against this Church in Queen Elizabeths time that we had a Parliament-Religion a Parliament-Faith and a Parliament-Gospel as by Scultingius and some others that we had none but Parliament-Bishops and a Parliament-Clergy Two Clamors so repugnant unto one another that if the one of them be true the other cannot chuse but be very false And thus again the Papists generally object that in that great work of the Reformation there was no care taken of the Pope neither consulted with as the Patriarch of the Western Churches or as the Apostle at the least of the English Nation the Pope thereby unworthily deprived of that Supremacy which of antient Right belong'd unto him to the subverting of the Fundamentals of the Christian Faith Primo praecipuo Romanensium fidei articulo de Pontificis primatu immutato Hist Concil Trident. lib. 1. as my Author hath it Calvin and his Disciples on the other side are as much offended with setling the Supremacy upon the King the Master grievously complaining of it in his Comment on the 7th of Amos Calvin in Amos cap. 7. his Scholars doing the like in their several Pamphlets And though it be affirmed by Bracton one of our ancient Common Lawyers if my memory fail not that Kings are therefore anointed with holy Oyl Eo quod spiritualis jurisdictionis sunt capaces because they are capable of exercising Ecclesiastical or Spiritual Jurisdiction yet Calvin will have none of that condemning those for rash and inconsiderate Persons Qui faciunt eos nimis Spirituales who ascribe to them any such Authority in Spiritual matters His Followers will take after him in this particular none more professedly and at large than Caldwood or Didoclavius as he calls himself and his Associates in the Altare Damascenum To satisfie the Clamors of these opposite parties and to appease some Scruples raised thereby in Mr. G. A. of W a modest and ingenuous Gentleman my especial friend I set my self in the first place to justifie the Church of England as to the Way and Manner of her Reformation so loudly and so falsly clamoured on so little ground And by this Tract it will be proved that nothing was done here in the Reformation but what was acted by the Clergy in their Convocations or grounded on some Act of theirs precedent to it with the Advice Counsel and Consent of the Bishops and other learned men assembled by the Kings appointment and secondly that the Parliaments did nothing in it but that sometimes upon the Post-fact it was thought fit to add some strength to the Decrees and Determinations of the Church especially in inflicting punishments on the Disobedient by the Civil Sanctions And for the proof of this I have used none but Domestick Evidences that is to say the Edicts of the King the Records of Convocation and the Acts of Parliaments themselves the best assurances that can be devised in Law to convey the Truth unto us in all these particulars In the next place I have endeavoured to give satisfaction unto all those Doubts which do relate unto the King the Pope or the Churches Protestant the riotous actings of the Common People being no good ground to build a Right on either too little or too much look'd after as it is pretended in that weighty business Whose pretensions being well examined by the Testimony of the Fathers Councils and other Ecclesiastical Antiquities I hope it will appear as clearly that there was no wrong done either to the Pope or the Forein Churches in being excluded from our Councils in so great a work and that our Kings have exercised no other power in sacred matters than what is warranted unto them by the word of God and precedented with the best examples of the most godly Kings of Judah and the most pious Kings and Emperors in the happiest times Nothing in all the Managery of the Reformation but what is justifiable by the practice of the former Ages and may be drawn into Example for the Instruction and Direction of the present Powers in all occasions of like natue The next thing faulted on both sides is the publick Liturgy condemned by those of Rome first for abolishing the Mass and then for being published and communicated in the vulgar Tongue by those of the Genevian party for having too much in it of the Roman
Parliament that is might have the force of a Law by a civil Sanction The whole debate with all the Traverses and emergent difficulties which appeared therein are specified at large in the Records of Convocation Anno 1532. But being you have not opportunity to consult those Records I shall prove it by the Act of Parliament called commonly The Act of submission of the Clergy but bearing this Title in the Abridgment of the Statutes set out by Poulton That the Clergy in their Convocations shall enact no constitutions without the Kings assent In which it is premised for granted that the Clergy of the Realm of England had not only acknowledged according to the truth that the Convocation of the same Celrgy is always hath been and ought to be assembled always by the Kings Writ but also submitting themselves to the Kings Majesty had promised in verbo Sacerdotis That they would never from henceforth presume to attempt alleadge claim or put in ure enact promulge or execute any new Canons Constitutions Ordinances provincial or other or by whatsoever other name they shall be called in the Convocation unless the Kings most Royal Assent may to them be had to make promulge and execute the same and that his Majesty do giv his most Royal Assent and Authority in that behalf Upon which ground-work of the Clergies the Parliament shortly after built this superstructure to the same effect viz. That none of the said Clergy from henceforth should presume to attempt alleadge claim or put in ure any Constitutions or Ordinances Provincial or Synodals or any other Canons norshall enact promulge or execute any such Canons Constitutions or Ordinances Provincial by whatsoever names or names they may be called in their Convocations in time coming which always shall be assembled by the Kings Writ unless the same Clergy may have the Kings most Royal Assent and Licence to make promulge and execute such Canons Constitutions and Ordinances Provincial or Synodical upon pain of every one of the said Clergy doing the contrary to this Act and thereof convicted to suffer Imprisonment and make Fine at the Kings Will 25 H. 8. c. 19. So that the Statute in effect is no more than this An Act to bind the Clergy to perform their promise to keep them fast unto their word for the time to come that no new Canon should be made in the times succeeding in the favour of the Pope or by his Authority or to the diminution of the Kings Royal Prerogative or contrary to the Laws and Statutes of this Realm of England as many Papal Constitutions were in the former Ages Which Statute I desire you nto take notice of because it is the Rule and Measure of the Churches power in making Canons Constitutions or whatsoever else you shall please to call them in their Convocations The third and final Act conducing to the Popes Ejection was an Act of Parliament 28 H. 8 c. 10. entituled An Act extinguishing the Authority of the Bishop of Rome By which it was enacted That if any person should extol the Authority of the Bishop of Rome he should incur the penalty of a preamunire that every Officer both Ecclesiastioal and Lay should be Sworn to renounce the said Bishop and his Authority and to resist it to his power and to repute any Oath formerly taken in maintenance of the said Bishop or his Authority to be void and finally that the refusal of the said Oath should be judged High Treason But this was also usher'd in by the determination first and after by the practice of all the Clergy For in the year 1534. which was two years before the passing of this Act the King had sent this Proposition to be agitated in both Vniversities and in the greatest and most famous Monasteries of the Kingdom that is to say An aliquid authoritatis in hoc Regno Angliae Pontifici Romano de jure competat plusquam alii cuicunque Episcopo extero By whom it was determined Negatively that the Bishop of Rome had no more power of Right in the Kingdom of England than any other forreign Bishop Which being testified returned under the hands and seals respectively the Originals whereof are still remaining in the Library of Sr. Robert Cotton was a good preamble to the Bishops and the rest of the Clergy assembled in their Convocation to conclude the like And so accordingly they did and made an Instrument thereof subscribed by the hands of all the Bishops and others of the Clergy and afterwards confirmed the same by their corporal Oaths The copies of which Oaths and Instrument you shall find in Foxes Acts and Monumets Vol. 2. fol. 1203. and fol. 1210 1211. of the Edition of John Day Anno 1570. And this was semblably the ground of a following Statute 35 H. 8. c. 1. wherein another Oath was devised and ratified to be imposed upon the Subject for the more clear asserting of the Kings Supremacy and the utter exclusion fo the Popes for ever which Statutes though they were all repealed by an Act of Parliament 1 and 2 d. of Phil. and Mary c. 1. yet were they all revived in 1 Elize save that the name of supream Head was changed unto that of the supream Governour and certain clauses altered in the Oath of Supremacy Where by the way you must take notice that the Statutes which concern the Kings Supremacy are not introductory of any new Right that was not in the Crown before but only declaratory of an old as our best Lawyers tell us and the Statute of the 26 of H. 8. c. 1. doth clearly intimate So that in the Ejection of the Pope of Rome which was the firt and greatest steptowards the work of Reformation the Parliament did nothing for ought it appears but what was done before in the Convocation and did no more than fortifie the Results of Holy Church by the addition and corroboration of the Secular Power 3. Of the Translation of the Scriptures and permitting them to be read in the English Tongue THE second step towards the work of Reformation and indeed one of the most especial parts thereof was the Translation of the Bible into the English Tongue and the permitting all sorts of people to peruse the same as that which visibly did tend to the discovery of the errours and corruptions in the Church of Rome and the intolerable pride and tyranny of the Roman Prelates upon which grounds it had been formerly translated into English by the hand of Wickliff and after on the spreading of Luthers Doctrine by the pains of Tindal a stout and active man in K. Henries days but not so well befriended as the work deserved especially considering that it hapned in such a time when many Printed Pamphlets did disturb the State and some of them of Tindals making which seemed to tend unto sedition and the change of Government Which being remonstrated to the King he caused divers of his Bishops together with sundry of the Learned'st and
in their Convocations as well by the common assent as by subscriptions of their hands 5 6. Edw. 6. chap. 12. And for the time of Q. Elizabeth it is most manifest that they had no other body of Doctrine in the first part of her Reign then only the said Articles of K. Edward's Book and that which was delivered in the Book of Homilies of the said Kings time In which the Parliament had as little to do as you have seen they had in the Book of Articles But in the Convocation of the year 1562. being the fifth of the Q. Reign the Bishops and Clergy taking into consideration the said book of Articles and altering what they thought most fitting to make it more conducible to the use of the Church and the edification of the people presented it unto the Queen who caused it to be published with this Name and Title viz. Articles whereupon it was agreed by the Arch-Bishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London Anno 1562. for the avoiding of diversity of Opinions and for the establishing of Consent touching true Religion put forth by the Queens Authority Of any thing done or pretended to be done by the power of the Parliament either in the way of Approbation or of Confirmation not one word occurs either in any of the Printed Books or the Publick Registers At last indeed in the 13th of the said Queens Reign which was 8 years full after the passing of those Articles comes out a Statute for the Redressing of disorders in the Ministers of holy Church In which it was enacted That all such as were Ordained Priests or Ministers of God's Word and Sacraments after any other form then that appointed to be used in the Church of England all such as were to be Ordained or permitted to Preach or to be instituted into any Benefice with Cure of souls should publickly subscribe to the said Articles and testifie their assent unto them Which shews if you observe it well that though the Parliament did well allow of and approve the said Book of Articles yet the said Book owes neither confirmation nor authority to the Act of Parliament So that the wonder is the greater that that most insolent scoff which is put upon us by the Church of Rome in calling our Religion by the name Parliamentaria-Religio should pass so long without controle unless perhaps it was in reference to our Forms of Worship of which I am to speak in the next place But first we must make answer unto some Objections which are made against us both from Law and Practice For Practice first it is alledged by some out of Bishop Jewel in his Answer to the Cavil of Dr. Harding to be no strange matter to see Ecclesiastical Causes debated in Parliament and that it is apparent by the Laws of King Ina King Alfred King Edward c. That our Godly Fore-fathers the Princes and Peers of this Realm never vouchsafed to treat of matters touching the Common State before all Controversies of Religion and Causes Ecclesiastical had been concluded Def. of the Apol. part 6. chap. 2. sect 1. But the answer unto this is easie For first if our Religion may be called Parliamentarian because it hath received confirmation and debate in Parliament then the Religion of our Fore-fathers even Papistry it self concerning which so many Acts of Parliament were made in K. Hen. 8. and Q. Maries time must be called Parliamentarian also And secondly it is most certain that in the Parliaments or Common-Councils call them which you will both of King Inas time and the rest of the Saxon Kings which B. Jewel speaks of not only Bishops Abbots and the higher part of the Clergy but the whole Body of the Clergy generally had their Votes and Suffrages either in person or by proxie Concerning which take this for the leading Case That in the Parliament or Common-Council in K. Ethelberts time who first of all the Saxon Kings received the Gospel the Clergy were convened in as full a manner as the Lay-Subjects of that Prince Convocati Communi Concilio tam Cleri quam Populi saith Sir H. Spelman in his Collection of the Councils Anno 605. p. 118. And for the Parliament of King Ina which leads the way in Bishop Jewel it was saith the same Sr. H. Spelman p. 630. Communi Concilium Episcoporum Procerum Comitum nec non omnium Sapientum Seniorum Populorumque totius Regni Where doubtless Sapientes and Seniores and you know what Seniores signifieth in the Ecclesiastical notion must be some body else then those which after are expressed by the name of Populi which shews the falshood and absurdity of the collection made by Mr. Pryn in the Epistle to his Book against Dr. Cousins viz. That the Parliament as it is now constituted hath an ancient genuine just and lawful Prerogative to establish true Religion in our Church and to abolish and suppress all false new and counterfeit Doctrines whatsoever Unless he means upon the post fact after the Church hath done her part in determining what was true what false what new what ancient and finally what Doctrines might be counted counterfeit and what sincere And as for Law 't is true indeed that by the Statute 1 Eliz. cap. 1. The Court of Parliament hath power to determine and judge of Heresie which at first sight seems somewhat strange but on the second view you will easily find that this relates only to new and emergent Heresies not formerly declared for such in any of the first four General Councils nor in any other General Cuncil adjudging by express words of holy Scripture as also that in such new Heresies the following words restrain this power to the Assent of the Clergy in their Convocation as being best able to instruct the Parliament what they are to do and where they are to make use of the secular sword for cutting off a desperate Heretick from the Church of CHRIST or rather from the Body of all Christian people 5. Of the Reformation of the Church of England in the Forms of Worship and the Times appointed thereunto THIS Rub removed we now proceed unto a view of such Forms of Worships as have been setled in this Church since the first dawning of the day of Reformation in which our Parliaments have indeed done somewhat though it be not much The first point which was altered in the publick Liturgies was that the Creed the Pater-noster and the Ten Commandements were ordered to be said in the English Tongue to the intent the people might be perfect in them and learn them without book as our Phrase is The next the setting forth and using of the English Letany on such days and times in which it was accustomably to be read as a part of the Service But neither of these two was done by Parliament nay to say truth the Parliament did nothing in them All which was done in either of them
that day and wheresoever Divine service was done that day as in Towns which have always Morning and Evening Prayers they were perceived to resort in greater numbers on that day than on any other to the Church As for King James of happy memory he did not only keep the said great Festivals from his youth as there is said but wished them to be kept by all his Subjects yet without abuse and in his Basilicon Doron published Anno 1598. thus declares himself that without superstition Plays and unlawful Games may be used in May and good Cheer at Christmas Now on the other side as they had quite put down those days which had been dedicated by the Church to Religious Meetings so they appointed others of their own authority For in their Book of Discipline before remembred it was thus decreed viz. That in every notable Town a day besides the Sunday should be appointed weekly for Sermons that during the time of Sermon the day should be kept free from all exercise of labour as well by the Master as by the Servant as also that every day in the said great Towns there be either Sermon or Prayers with reading of the Scriptures So that it seemeth they only were afraid of the name of Holy days and were contented well enough with the thing it self As for the Lords day in that Kingdom I find not that it had attained unto the name or nature of a Sabbath day until that Doctrine had been set on foot amongst us in England For in the Book of Discipline set out as formerly was said in 560. they call it by no other name than Sunday ordaining that upon four Sundays in the year which are therein specified the Sacrament of the Lords Supper should be administred to the people and in the year 1592. an Act of King James the third about the Saturday and other Vigills to be kept holy from Evensong to Evensong was annulled and abrogated Which plainly shews that then they thought not of a Sabbath But when the Sabbath doctrine had been raised in England Anno 1595 as before was said it found a present entertainment with the Brethren there who had before professed in their publick Writings to our Puritans here Davison p. 20. that both their causes were most nearly linked together and thereupon they both took up the name of Sabbath and imposed the rigour yet so that they esteem it lawful to hold Fasts thereon quod saepissime in Ecclesia nostra Scoticana factum est and use it often in that Church which is quite contrary unto the nature of a Sabbath And on the other side they deny it to be the weekly Festival of the Resurrection Non sunt dies Dominici festa Resurrectionis as they have resolved it Altare Damasc p. 669. which shews as plainly that they build not the translation of their Sabbath on the same grounds as our men have done Id. 696. In brief by making up a mixture of a Lords day Sabbath they neither keep it as the Lords day nor as the Sabbath And in this state things stood until the year 1618. what time some of the Ancient holy days were revived again in the Assembly held at Perth in which moving some other Rites of the Church of England which were then admitted it was thus determined viz. As we abhor the superstitious observation of festival days by the Papists and detest all licentious and prophane abuse thereof by the common sort of Professors so we think that the inestimable benefits received from God by our Lord Jesus Christ his Birth Passion Resurrection Ascension and sending down of the Holy Ghost was commendably and godly remembred at certain particular days and times by the whole Church of the world and may be also now Therefore the Assembly ordains that every Minister shall upon these days have the Commemoration of the foresaid inestimable benefits and make choice of several and pertinent Texts of Scripture and frame their Doctrine and Exhortation thereunto and rebuke all superstitious observation and licentious prophanation thereof A thing which much displeased some men of contrary persuasion first out of fear that this was but a Preamble to make way for all the other Holy days observed in England And secondly because it seemed that these five days were in all points to be observed as the Lords day was both in the times of the Assembly and after the dissolving of the same But pleased or dispeased so it was decreed and so still it stands But to return again to England It pleased his Majesty now Reigning whom God long preserve upon information of many notable misdemeanors on this day committed 1 Carol. 1. in his first Parliament to Enact That from thence-forwards there should be no Meetings Assemblies or concourse of people out of their Parishes on the Lords day for any sports or pastimes whatsoever nor any Bear-baitings Bull-baitings common Plays Enterludes or any other unlawful Exercises or Pastimes used by any person or persons in their own Parishes every offence to be punished by the forfeiture of 3 s. 4 d. This being a Probation Law was to continue till the end of the first Session of the next Parliament And in the next Parliament it was continued till the end of the first Session of the next 3 Carol. 1. which was then to come So also was another Act made in the said last Session wherein it was enacted That no Carrier Waggoner Wain-man Carman or Drover travel thence-forwards on the Lords day on pain that every person and persons so offending shall lose and forfeit 20 s. for every such offence And that no Butcher either by himself or any other by his privity and consent do kill or sell any Victual on the said day upon the forfeiture and loss of 6 s. 8 d. Which Statutes being still in force by reason that there hath not been any Session of Parliament since they were enacted many both Magistrates and Ministers either not rightly understanding or wilfully mistaking the intent and meaning of the first brought Dancing and some other lawful Recreations under the compass of unlawful Pastimes in that Act prohibited and thereupon disturbed and punished many of the Kings obedient people only for using of such Sports as had been authorized by his Majesties Father of blessed memory Nay which is more it was so publickly avowed and printed by one who had no calling to interpret Laws except the provocation of his own ill spirit That Dancing on the Lords day was an unlawful Pastime punishable by the Statute 1. Carol. 1. which intended so he saith to suppress Dancing on the Lords day as well as Bear-baiting Bull-baiting Enterludes and common Plays which were not then so rife and common as Dancing when this Law was made Things being at this height King Charles Declarat it pleased his excellent Majesty Observing as he saith himself how much his people were debarred of Recreation and finding in some
from time to time though possibly a great part of them might be present and consenting also 1552. Nor stood this book nor the Article of Freewill therein contained upon the order and authority only of this Convocation but had as good countenance and encouragement to walk abroad as could be superadded to it by an Act of Parliament as appears plainly by the Kings Preface to that Book and the Act it self to which for brevity sake I refer the Reader But if it be replyed that there is no relying on the Acts of Parliament which were generally swayed changed and over-ruled by the power and passions of the King and that the Act of Parliament which approved this Book was repealed the first year of King Edward the sixth as indeed it was we might refer the Reader to a passage in the Kings Epistle before remembred in which the Doctrine of Freewill is affirmed to have been purged of all Popish Errors concerning which take here the words of the Epistle Epist Ded. viz. And for as much as the heads and senses of our people have been imbusied and in these days travelled with the understanding of Freewill Justification c. We have by the advice of our Clergy for the purgation of Erroneous Doctrine declared and set forth openly plainly and without ambiguity of speech the meer and certain truth of them so as we verily trust that to know God and how to live after his pleasure to the attaining of everlasting life in the end this Book containeth a perfect and sufficient Doctrine grounded and established in holy Scriptures And if it be rejoyned as perhaps it may that King Henry used to shift Opinion in matters which concerned Religion according unto interest and reason of State it must be answered that the whole Book and every Tract therein contained was carefully corrected by Archbishop Cranmer the most blessed instrument under God of the Reformation before it was committed to the Prolocutor and the rest of the Clergy For proof whereof I am to put the Reader in mind of a Letter of the said Archbishop relating to the eighth Chapter of this book in which he signified to an honourable Friend of his that he had taken the more pains in it because the Book being to be set forth by his Graces that is to say the Kings censure and judgment he could have nothing in it that Momus himself could reprehend as before was said And this I hope will be sufficient to free this Treatise of Freewill from the crime of Popery But finally if notwithstanding all these Reasons it shall be still pressed by those of the Calvinian party that the Doctrine of Freewill which is there delivered is in all points the same with that which was concluded and agreed on in the Council of Trent as appears Cap. de fructibus justificationis merito bonorum operum Can. 34. and therefore not to be accounted any part of the Protestant Doctrine which was defended and maintained by the Church of England according to the first Rules of her Reformation the answers will be many and every answer not without its weight and moment For first it was not the intent of the first Reformers to depart farther from the Rites and Doctrines of the Church of Rome than that Church had departed from the simplicity both of Doctrine and Ceremonies which had been publickly maintained and used in the Primitive times as appears plainly by the whole course of their proceedings so much commended by King James in the Conserence at Hampton Court Secondly this Doctrine must be granted also to be the same with that of the Melancthonian Divines or moderate Lutherans as was confessed by Andreas Vega one of the chief sticklers in the Council of Trent who on the agitating of the Point did confess ingenuously that there was no difference betwixt the Lutherans and the Church touching that particular And then it must be confessed also that it was the Doctrine of Saint Augustine according to that Divine saying of his Sine gratia Dei praeveniente ut velimus subsequente ne frustra velimus ad pietatis opera nil valemus which is the same of that of the tenth Article of the Church of England where it is said That without the grace of God preventing us that we may have a good will and working with us when we have that good will we can do nothing that is acceptable to him in the ways of piety So that if the Church of England must be Arminian and the Arminian must be Papist because they agree together in this particular the Melancthonian Divines amongst the Protestants yea and St. Augustine amongst the Ancients himself must be Papists also CHAP. XIII The Doctrine of the Church of England concerning the certainty or uncertainty of Perseverance 1. The certainty of Grace debated in the Council of Trent and maintained in the Affirmative by the Dominicans and some others 2. The contrary affirmed by Catarinus and his adherents 3. The doubtful resolution of the Council in it 4. The Calvinists not content with certainty of Grace quoad statum praesentem presume upon it also quoad statum suturum 5. The bounds and limits wherewith the judgment in this point ought rationally to be circumscribed 6. The Doctrine of the Church of England in the present Artìcle 7. Justified by the testimonies of Bishop Latimer Bishop Hooper and Master Tyndal 8. And proved by several arguments from the publick Liturgy 9. The Homily commends a probable and sted-fast hope But 10. Allows no certainty of Grace and perseverance in any ordinary way to the Sons of men OF all the Points which exercised the wits and patience of the School-men in the Council of Trent there was none followed with more heat between the parties than that of the certainty of Grace occasioned by some passages in the writings of Luther wherein such certainty was maintained as necessary unto justification and an essential part thereof In canvasing of which point the one part held that certainty of grace was presumption the other that one might have it meritoriously The ground of the first was Hist of the Coun of Trent fol. 205. c. that Saint Thomas Saint Bonaventure and generally the School-men thought so for which cause the major part of the Dominicans were of the same opinion besides the authority of the Doctors they alledged for reasons that God would not that man should be certain that be might not be lifted up in pride and esteem of themselves that he might not prefer himself before others as he that knoweth himself to be just would do before manifest sinners and a Christian would so become drowsie careless and negligent to do good Therefore they said that uncertainty was profitable yea and meritorious besides because it is a passion of the mind which doth afflict it and being supported is turned to merit They alledged many places of the Scripture also of Solomon that a man knoweth not
regni negotiis ac aliis tractari consuetis cum caeteris dicti regni Paribus aliis ibidem jus interessendi habentibus consulere tractare ordinare statuere diffinire ac caetera facere quae Parliamento ibidem imminent facienda In vita Gul. Courtney This put together makes enough abundantly for the proofs de jure and makes the Bishops right to have Vote in Parliament to be undeniable Let us next see whether this right of theirs be not confirmed and countenanced by continual practice and that they have not lost it by discontinuance which is my second kind of proofs those I mean de facto And first beginning with the reign of the Norman Conqueror we find a Parliament assembled in the fifth year of that King wherein are present Episcopi Abbates Comites Primates toties Angliae the Bishops Abbots Earls and the rest of the Baronage of England Matth. Paris in Williglmo 1. In the 9th year of William Rufus an old Author telleth us de regni statu acturus Episcopos Abbates quoscunque Regni proceres in unum praecepti sui sanctione egit that being to consult of the affairs of the Kingdom he called together by his Writ the Bishops Abbots and all the Peers of the Realm Eadmer hist Nov. l. 2. During the reign of Henry the 2d for we will take but one Example out of each Kings reign though each Kings reign would yield us more a Patliament was called at London wherein were many things dispatched as well so Ecclesiastical as secular nature the Bishops and Abbots being present with the other Lords Coacto apud Londoniam magno Episcoporum Procerum Abbatumque Concilio multa ecclesiasticarum secularium rerum ordinata negotia decisa litigia saith the Monk of Malmesbury Malmesb. hist reg Angl. l. 5. And of this Parliament it is I take it that Eadmer speaketh Hist Novel l. 4. p. 91. Proceed we to King Henry the 2d for King Stephens reign was so full of Wars and Tumults that there is very little to be found of Parliaments and there we find the Bishops with the other Peers convened in Parliament for the determination of the points in controversie between Alfonso K. of Castile and Sancho K. of Navarre referred by compremise to that King of England and here determined by K. Henry amongst other things habito cum Episcopis Comitibus Baronibus cum deliberatione consilio as in Roger Hoveden Hoveder Annal pars posterin Hen. 2. Next him comes Richard the first his Son during whose imprisonment by the D. of Austria his Brother John then Earl of Moriton endeavoured by force and cunning in Normandy to set the Crown on his own head which caused Hubert the Arch-bishop of Canterbury to call a Parliament Convocatis coram eo Episcois Comitibus Baronibus regni wherein the Bishops Id in Joh. Earls and Barons did with one consent agree to seiz on his Estate and suppress his power the better to preserve the Kingdom in wealth peace and safety After succeded John and he calls a Parliament wherein were certain Laws made for the defence of his Kingdom Communi assensu Archiepiscoporum Episcoporum Comitum Baronum omnium fidelium suorum Angliae by the common Council and assent of the Arch-bishops Bishops Earls Barons and the rest of his Leiges Remember what was said before touching the Writ of Summons in the said Kings time From this time till the last Parliament of King Charles there is no Kings reign of which we have not many though not all the Acts of Parliament still in print amongst us Nor is there any Act of Parliament in the printed Books to the enactig of the which the Bishops approbation and consent is not plainly spectified either in the general Prome set before the Acts or in the body of the Act it self as by the books themselves doth at large appear And to this kind of proof may be further added the form and manner of the Writ by which the Prelates in all times have been called to Parliament being the very same verbatim with that which is directed to the Temporal Barons save that the Spiritual Lords are commanded to attend to the service in fide dilectione the Temporal in fide homagio and of late times in fide legeantia A form or copy of which summons as ancient as King Johns time V. Titles of Hon. pt 2. c. 5. is still preserved upon Record directed nominatim to the Arch-bishop of Canterbury and then a scriptum est similiter to the residue of the Bishops Abbots Earls and Barons Then add the Priviledg of Parliament for themselves and their servants during the time of the Sessions the liberty to kill and take one or two of the Kings Deer as they pass by any of his Forests in coming to the Parliament upon his commandment Charta de Foresta cap. Cambden in Britannia their enjoying of the same immunities which are and have been heretofore enjoyed by the Temporaal Barons and tell me if the Bishops did not sit in Parliament by as good a Title and have not sat there longer by some hundreds of years in their Predecessors as or than any of the Temporal Lords do sit or have sat there in their Progenitours and therefore certainly Essential Fundamental parts of the Court of Parliament But against this it is objected first that some Acts have passed in Parliament to which the Prelates did not Vote not could be present in the House when the Bill was passed as in the sentencing to death or mutilation of a guilty person as doth appear both by the Laws and constitutions recognized at Clarendon and the following practice This hath been touched on before and we told you then that this restraint was laid upon them not by the Common Law of England or an Act or Ordinance of the House of Peers by which they were disabled to attend that service It was their own voluntary Act none compelled them to it but only out of a copnformity to some former Canons ad sanctorum Canonum instituta Antiqu. Brit. in Gul. Conrineâ— Constitut Othobon fol. 45. as their own words are by which it was not lawful for the Clergy-men to be either Judges or Assessors in causa Sanguinis And yet they took such care to preserve their Interests that they did not only give their Proxies for the representing of their persons but did put up their Protestation with a salvo jure for the preserving of their rights for the time to come jure Paritatis interessendi in dicto Parliamento quaod omnia singula ibi exercenda in omnibus semper salvo Antiqu. Britan. in Gul. Courtney as the manner was Examples of the which are as full and frequent as their withdrawing themselves on the said occasions But then the main Objection is that as some Acts have passed in Parliament absentibus Praelatis when the Bishops
Parliament in their own personal capacities and not as the representative body of the Clergy yet the poor Clergy found it some respect unto them to be thus honoured in their Heads and were the more obliged to obey such Acts as were established in that Court wherein these heads ha dopportunity of interceding if perhaps any thing were propounded which might be grievous to the Clergy and many times a power of hindring and divertring if not by Voice and Numbers yet by strength of reasons They were not altogether Slaves and Bond-men whilest the Church held that remnant of her ancient Rights for whilest the Heads retained that Honour the body could not chuse but rejoyce in it and be cherished by it But since they have been stripped of that by what unworthy Arts the World knows too well they are become of such condition that the most despicable Tradesman in a Corporate Town is more considerable in the eye of the State and hath a greater interesse in the affairs thereof than the greatest Prelate and to say truth than all the Clergy of the Realm For being there are three Ingredients which make up a Freeman as Sir Francis Bacon well observed in his speech concerning the Post-nati that is to say 1. jus Civitatis which did inable a man to buy and sell and to take Inheritances 2. jus suffragii a Voice in the passing of Laws and Election of Officers and 3. jus honoris a capability of such Offices and Honours as the State could give him the Clergy by this means are limited to the first right only and utterly excluded from the other two and thereby put into a worse condition than the meanest Freeman in the Kingdom Insomuch that whereas every needy Artizan if he be free of any Corporate Town or City every Cottager that dwelleth in an ancient Burrough and every Clown which can lay claim to forty shillings per Annum of Freehold either for life or of Inheritance hath a Voice in Parliament either in person or by Proxy and is not bound by any Law but what himself consents to in his Representatives the Clergy only of this Realm as the case now stands being out of the greatest States of this Kingdom as is acknowledged expresly in terminis by Act of Parliament 8 Eliz. c. 1. are neither capable of place there in their personal capacities nor suffered to be there in their Procurators as of old they were nor have so much as any Voice in chusing of the Knights and Burgesses which represent the body of the people generally I know it hath been said in reply to this that the Clergy may give Voices at the Election of the Knights and Burgesses and that it is their own neglect if they do it not But I know too that this is only yielded unto such of the Clergy as are possessed of Lands and Houses in those several places where such Elections are to be made and not then neither in most places except it be to make a party for particular ends especially where some good man or the main cause it self it concerned therein which as it totally excludeth the greatest part of the Clergy from having any Voice at all in these Elections the greatest part of the Clergy the more the pity having neither Lands nor Houses to such a value in fee simple so it gives no more power unto those that have than what of necessity must serve I am sure occasionally it may to their own undoing For to say truth those that give out that the Clergy may give Voice at such Elections use it but as a shift for the present turn intending nothing less indeed as hath oft been seen than that the Clergy should be capable of so great a trust The reason is because there is not any Freeman of a City or a Corporate Town who hath a Voice in the Election of a Citizen to serve in Parliament nor almost any Cottager or Free-holder who hath a Voice in the Election either of a Knight or Burgess but is directly eligible to the place himself Of Citizens and Burgesses Elected from the very meanest of the people we have many instances and shall have more according as they find their strength and have received a taste of the sweets of Government And for the chusing of the Knights of the several Shires it is determined by the Statutes that as 40 s. Land of Free-hold per Annum 8 Hen. 6. c. 7. is enough to qualifie a Clown for giving a Voice at the Election so the same Clown if he have 20 l. Land per Annum is capable of being chosen for a Knight of the Shire as appears plainly and expresly by the Statute Law For though the Writ directed to the several and respective Sheriffs prescribe a choice of dues milites gladio cinctos yet we know well that by the Statute of King Henry 6. which is explanatory in this case of the Common Law such notable Esquires or Gentlemen 23 Hen. 6.15 born of the same Counties as shall be able to the Knights are made as capable as a dubbed Knight to attend that service and he that hath no more than 20 l. per Annum either in Capite or Socage is not only able by the Law to be made a Knight 1 Ed. 2. c. 1. but was compelled thereunto even by the Statute-Law it self until the Law was lately altered in that point 17 Carol. c. 1. And on the other side it is clera enough for there have been of late some experiments of it that though a Clergy-man be born an Esquire or Gentleman for they are not all born ex fece Plebis as the late Lord Brook forgetting his own poor Extraction hath been pleased to say and though he be possessed of a fair Estate descended to him from his Ancestors L. Brook against Episcopacy or otherwise possessed of some Lands or Houses in Town Burrough or City whereby he stands as eligible in the eye of the Law as any Lady-Gentleman of them all yet either he is held uncapable and so pretermitted or if returned rejected at the House it self to his soul reproach It is a Fundamental constitution of the Realm of England that every Freeman hath a Voice in the Legislative power of Parliament And so acknowledged in a Writ of Summons of K. Edw. 1. and it is a Rule in Politicks quod omnes tangit ab omnibus tractari debet Which being now denied to the English Clergy reduceth them to that condition which St. Paul complains of and makes them no otherwise accounted of by the common people than as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the filth and off-scouring of the world to this very day This tempts me to a brief dicussion of a Question exceeding weighty in it self but not so much as thought of in this great Disfranchisement the slavery obtruded lately on the English Clergy that is to say whether that any two of the three Estates conspiring or agreeing
together can conclude on any thing unto the prejudice of the third Bodinus that renowned States-man doth resolve it Negatively and states it thus nihil à duobus ordinibus discerni posse quo uni ex tribus incommodum inferatur Bodin de Rep. l. 3. c. 7. si res ad singulos ordines seorsum pertinet that nothing can be done by two of the Estates to the disprofit of the third in case the point proposed be such as concerns them severally The point was brought into debate upon this occasion Henry the 3d. of France had summoned an Assembly of the three Estates or Conventus Ondinum to be held at Bloys Anno 1577. the Form and Order of the which we have at large by Thuanus Lib. 63. But finding that he could not bring his ends about so easily with that numerous body as if they were contracted to a narrower compass he caused it to be mov'd unto them that they should make choice of 36 twelve of each Estate Tonanus in hist temp l. 63. quox Rex cum de postulatis decerneret in consilium adhibere dignaretur whom the King would deign call to Council for the dispatch of such Affairs and motions as had been either moved or proposed unto him Which being very readily assented to by the Clergy and Nobility who hoped thereby to find some favour in the Court and by degrees to be admitted to the Privy Council was very earnestly opposed by Bodinus being then Delegate or Commissioner for the Province of Veromandois who saw full well that if businesses were so carried the Commons which made the third Estate would find but little hopes to have their grievances redressed â—â—iin de Rep. â— 1. c. 7. their petitions answered And therefore laboured the rest of the Commissioners not to yield unto it as being utterly destructive of the Rights and Liberties of the common people which having done he was by them intrusted to debate the business before the other two Estates and did it to so good effect that at the last he took them off from their resolution and obtained the cause What Arguments he used in particular neither himself nor Thuanus telleth us But sure I am that he insisted both on the ancient customs of the Realm of France as also of the Realm of Spain and England and the Roman Empire in each of which it was received for a ruled case nihil à duobus ordinibus statui posse quo uni ex tribus prejudicium crearetur that nothing could be done by any of the two Estates unto the prejudice of the third And if it were a ruled case then in the Parliament of England there is no reason why it should be otherwise in the present times the equity and justice of it being still the same and the same reasons for it now as forcible as they could be then Had it been otherwise resolved of in the former Ages wherein the Clergy were so prevalent in all publick Councils how easie a matter had it been for them either by joyning with all the Nobility to exclude the Commons or by joyning with the Commonalty to exclude the Nobles Or having too much conscience to adventure to so great a change an alteration so incompatible and inconsistent with the Constitution of a Parliament how easily might they have suppressed the potency and impair the Priviledges of either of the other two by working on the humours or affections of the one to keep down the other But these were Arts not known in the former days nor had been thought of in these last but by men of Ruine who were resolved to change the Government as the event doth shew too clearly both of Church and State Nor doth it help the matter in the least degree to say that the exclusion of the Bishops from the House of Peers was not done meerly by the practice of the two other Estates but by the assent of the King of whom the Laws say he can do no wrong and by an Act of Parliament whereof our Laws yet say quae nul doit imaginer chose dishonourable that no man is to think dishonourably Plowden in Commentar For we know well in what condition the King was when he passed that Act to what extremities he was reduced on what terms he stood how he was forced to flye from his City of London to part with his dear Wife and Children and in a word so overpowred by the prevailing party in the two Houses of Parliament that it was not safe for him as his case then was to deny them any thing And for the Act of Parliament so unduly gained besides that the Bill had been rejected when it was first brought unto the Lords and that the greater part of the Lords were frighted out of the House when contrary unto the course of Parliament it was brought again it is a point resolved both in Law and Reason that the Parliament can do nothing to the destruction of it self and that such Acts as are extorted from the King are not good and valid whereof we have a fair Example in the book of Statutes 15 Ed. 3. For whereasz the King had granted certain Articles pretended to be granted in the Form of a statute expresly contrary to the Laws of the Realm and his own Prerogative and Rights Royal mark it for this is just the case which he had yielded to eschew the dangers which by denying of the same were like to follow in the same Parliament it was repealed in these following words It seemed good to the said Earls Barons and other wise men that since the Statute did not proceed of our Free will the same be void and ought not to have the name nor strength of a Statute and therefore by their counsel and assent we have decreed the said Statute to be void c. Or if it should not be repealed in a formal manner yet is this Act however gotten void in effect already by a former Statute in which it was enacted in full Parliament and at the self-same place where this Act was gained that the Great Charter by which and many other Titles the Bishops held their place in Parliament should be kept in all points and if any Statute be made to the contrary 42 Ed. 3. c. 1. it shall be holden for none CHAP. VI. That the three Estates of every Kingdom whereof Calvin speaks have no Authority either to regulate the power or control the actions of the Sovereign Prince 1. The Bishops and Clergy of England not the Kings make the third Estate and of the dangerous consequences which may follow on the contrary Tenet 2. The different influence of the three Estates upon conditional Princes and an absolute Monarch 3. The Sanhedrim of no Authority over the persons or the actions of the Kings of Judah 4. The three Estates in France of how small Authority over the actions of that King 5. The King of Spain not over-ruled or
expresly and in terminis to represent the three Estates of the Realm of England did recognize the Queens Majesty to be their true lawful and undoubted Sovereign Liege Lady and Queen This makes it evident that the King was not accounted in the times before for one of the three Estates of Parliament nor can be so accounted the present times For considering that the Lords and Commons do most confessedly make two of the three Estates and that the Clergy in another Act of Parliament of the said Queens time are confessed to be one of the greatest States of the Realm which Statute being still in force Statut. 8. Eliz. cap. 1. doth clearly make the Clergy to be the third either there must be more than three Estates in this Kingdom which is against the Doctrine of the present times or else the King is none of the Estates as indeed he is not which was the matter to be proved But I spend too much time in confuting that which hath so little ground to stand on more than the dangerous consequences which are covered under it For if the King be granted once to be no more than one of the three Estates how can it choose but follow from so sad a principle that he is of no more power and consideration in the time of Parliament than the House of Peers which sometimes hath consisted of three Lords no more or than the House of Commons only which hath many times consisted of no more than eighty or an hundred Gentlemen but of far less consideration to all intents and purposes in the Law whatever than both the Houses joyned together What else can follow hereupon but that the King must be co-ordinate with his two Honses of Parliament and if co-ordinate then to be over-ruled by their joynt concurrence bound to conform unto their Acts and confirm their Ordinances or upon case of inconformity and non-compliance to see them put in execution against his liking and consent to his foul reproach And what at last will be the issue of this dangerous consequence but that the Lords content themselves to come down to the Commons and the King be no otherwise esteemed of than the chief of the Lords the Princeps Senatus if you will or the Duke of Venice at the best no more which if Sir Edward Dering may be credited as I think he may in this particular seems to have been the main design of some of the most popular and powerful Members then sitting with him for which I do refer the Reader to his book of Speeches Which dangerous consequents whether they were observed at first by these who first ventured on the expression or were improvidently looked over I can hardly say Certain I am it gave too manifest an advantage to the Antimonarchical party in this Kingdom and hardned them in their proceeding against their King whom they were taught to look on and esteem no otherwise than as a Joint-tenant of the Sovereignty with the Lords and Commons And if Kings have partners in the Sovereignty they are then no King such being the nature and Law of Monarchy that si divisionem capiat interitum capiat necesse est Laciant Institut Div. l. 1. c. if it be once divided and the authorities thereof imparted it is soon destroyed Such is the dangerous consequence of this new Expression that it seemeth utterly to deprive the Bishops and in them the Clergy of this Land of all future hopes of being restored again to their place in Parliament For being the Parliament can consist but of three Estates if the King fall so low as to pass for one either the Bishops or the Commons or the Temporal Lords must desert their claim the better to make way for this new pretension and in all probability the Commons being grown so potent and the Nobility so numerous and united in bloud and marriages will not quit their interesse and therefore the poor Clergy must be no Estate because less able as the World now goeth with them to maintain their Title I have often read that Constantine did use to call himself 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Bishop or superintendent of his Bishops Euseb de vita Constant and I have often heard our Lawyers say that the King is the general Ordinary of the Kingdom but never heard nor read till within these few years that ever any King did possess himself of the Bishops place or Vote in Parliament or sat there as the first of the three Estates as anciently the Bishops did to supply their absence By which device whether the Clergy or the King be the greater losers though it be partly seen already future times will shew This Rub removed we next proceed to the examination of that power which by our Author is conferred on the three Estates which we shall find on search and tryal to be very different according to the constitution of the Kingdom in which they are For where the Kings are absolute Monarchs as in England Scotland France and Spain Bod in de Repuô l. 1. c. the three Estates have properly and legally little more Authority than to advise their King as they see occasion to present unto his view their common grievances and to propose such remedies for redress thereof as to them seem meetest to canvass and review such erroneous judgments as formerly have passed in inferiour Courts and finally to consult about and prepare such Laws as are expedient for the publick In other Countreys where the Kings are more conditional and hold their Crowns by compact and agreement between them and their Subjects the reputation and authority of the three Estates is more high and eminent as in Polonia Denmark and some others of the Northern Kingdoms where the Estates lay claim to more than a directive power and think it not enough to advise their King unless they may dispose of the Kingdom also or at least make their King no better than a Royal Slave Thus and no otherwise it is with the German Emperors who are obnoxious to the Laws Thuan. hist sui temp l. 2. and for their Government accomptable to the Estates of the Empire insomuch that if the Princes of the Empire be persuaded in their consciences that he is likely by his mal-administration to destroy the Empire and that he will not hearken to advice and counsel ab Electorum Collegio Caesaria potestate privari potest Anonym Script ap Philip. Paraeum in Append ad Rom. 13. he may be deprived by the Electors and a more fit and able man elected to supply the place And to this purpose in a Constitution made by the Emperor Jodocus about the year 1410. there is a clause that if he or any of his Successors do any thing unto the contrary thereof the Electors and other States of the Empire sine rebellionis vel infidelitatis crimine libertatem babeant Goldast Constit Imperial Tom. 3. p. 424. should be at liberty
no appeal but only to the whole body of that Court the King Case of our Assairs p. 7 8. and both the Houses the Head and Members But this they do not as the upper House of Parliament but as the distinct Court of the Kings Barons of Parliament of a particular and ministerial jurisdiction to some intents and purposes and to some alone which though it doth invest them with a power of judicature confers not any thing upon them which belongs to Sovereignty Then for the Commons all which the Writ doth call them to is facere consentire to do and consent unto such things which are ordained by the Lords and Common Council of the Kingdom of England and sure conformity and consent which is all the Writ requireth from them are no marks of Sovereignty nor can an Argument be drawn from thence by the subtlest Sophister to shew that they are called to be partakers of the Sovereign power or that the King intends to denude himself of any branch or leaf thereof to hide their nakedness And being met together in a body collective they are so far from having any share in Sovereignty that they cannot properly be called a Court of Judicature as neither having any power to minister an Oath Id. p. 9. or to imprison any body except it be some of their own Members if they see occasion which are things incident to all Courts of Justice and to every Steward of a Leet insomuch that the House of Commons is compared by some and not incongruously unto the Grand Inquest at a general Sessions whose principal work it is to receive Bills and prepare businesses Review of the Observat p. 22. and make them fit and ready for my Lords the Judges Nay so far were they heretofore from the thoughts of Sovereignty that they were lyable to sutes and punishments for things done in Parliament though only to the prejudice of a private Subject until King Henry VIII most graciously passed a Law for their indemnity For whereas Richard Strode one of the company of Tinners in the County of Cornwall being a Member of the Commons House had spoken somewhat to the prejudice of that Society and contrary to the Ordinances of the Stanneries at his return into the Country he was Arrested Fined Imprisoned Complaint whereof being made in Parliament the King passed a Law to this effect viz. That all suites condemnations 4 Hen. 8. c. 8. executions charges and impositions put or hereafter to be put upon Richard Strode and every of his Complices that be of this Parliament or any other hereafter for any Bill speaking or reasoning of any thing concerning the Parliament to be communed and treated of shall be void and null But neither any reparation was allowed to Strode nor any punishment inflicted upon those that sued him for ought appears upon Record And for the Houses joyned together which is the last capacity they can claim it in they are so far from having the supream Authority that as it is observed by a learned Gentleman they cannot so unite or conjoyn as to be an entire Court either of Sovereign or Ministerial jurisdiction no otherwise co-operating than by concurrence of Votes in their several Houses for preparing matters in order to an Act of Parliament Case of our Affairs p. 9. Which when they have done they are so far from having any legal Authority in the State as that in Law there is no stile nor form of their joynt Acts nor doth the Law so much as take notice of them until they have the Royal Assent So that considering that the two Houses alone do no way make an entire Body or Court and that there is no known stile nor form of any Law or Edict by the Votes of the two Houses only nor any notice taken of them by the Law it is apparent that there is no Sovereignty in their two Votes alone How far the practice of the Lords and Commons which remain'd at Westminster after so many of both Houses had repaired to the King c. may create Precedents unto Posterity I am not able to determine but sure I am they have no Precedent to shew from the former Ages But let us go a little further and suppose for granted that the Houses either joynt or separate be capable of the Sovereignty were it given unto them I would fain know whether they claim it from the King or the People only Not from the King for he confers upon them no further power than to debate and treat of his great Affairs to have access unto his person freedom of speech as long as they contain themselves within the bounds of Loyalty authority over their own Members Hakewell of passing Bills in Parliament which being customarily desired and of course obtained as it relates unto the Commons shews plainly that these vulgar priviledges are nothing more the rights of Parliament than the favours of Princes but yet such favours as impart not the least power of Sovereignty Nor doth the calling of a Parliament ex opere operato as you know who phrase it either denude the King of the poorest robe of all his Royalty or confer the same upon the Houses or on either of them whether the King intend so by his call or otherwise For Bodin whom Mr. Prynn hath honoured with the title of a grand Politician Prynn of Parliament par 2. p. 45. Bodin de Repub doth affirm expresly Principis majestatem nec Comitorum convocatione nec Senatus populique praesentia minui that the Majesty or Sovereignty of the King is not a jot diminished either by the calling of a Parliament or Conventus Ordinum or by the frequency and presence of his Lords and Commons Nay to say truth the Majesty of Sovereign Princes is never so transcendent and conspicuous as when they sit in Parliament with their States about them the King then standing in his highest Estate as was once said by Henry VIII who knew as well as any of the Kings of England how to keep up the Majesty of the Crown Imperial Nor can they claim it from the People who have none to give for nemo dat quod non habet as the saying is The King as hath been proved before doth hold his Royal Crown immediately from God himself not from the contract of the People He writes not populi clementia but Dei gratia not by the favour of the People but by the grace of God The consent and approbation of the People used and not used before the day of Coronation is reckoned only as a part of the solemn pomps which are then accustomably used The King is actually King to all intents and purposes in the Law whatever immediatly on the death of his Predecessor Nor ever was it otherwise objected in the Realm of England till Clark and Watson pleaded it at their Arraignment in the first year of King James Speeds History in K James Or grant
one is fundamental and held by the two Houses on no worse a title than a fundamental Constitution which is as much as any reasonable Parliamentarian need desire to have Therefore in Answer to the Fuller not taking notice of his foolish and seditious inferences we will clear those points 1. That the two Houses of Parliament are not co ordinate with the King but subordinate to him And 2. That the power of making Laws is properly and legally in the King alone As for the first we had before a Recognition made by Act of Parliament by which the Kingdom of England is acknowledged to be an Empire governed by one supream Head and King to whom all sorts and degrees of people ought to bear next to God a natural and humble obedience 24 H. 8. c. 12. which certainly the Lords and Commons had not made to the dethroning of themselves their Heirs and Successors from this co-ordinative part of Sovereignty if any such co-ordination had been then believed Or if it be supposed to excuse the matter that King Henry VIII being a severe and terrible Prince did wrest this Recognition from them which yet will hardly serve for a good defence what shall we say to the like recognition made in the beginning of Queen Elizabeths Reign 1 Eliz. c. 1. when she was green in State and her power unsetled and so less apt to work upon her people by threats and terrors Assuredly had the Houses dream't in those broken times of that co-ordinative Sovereignty which is now pretended they might have easily regained it and made up that breach which by the violent assaults of King Henry VIII had been made upon them which was a point they never aimed at Besides if this co-ordinative Majesty might be once admitted it must needs follow that though the King hath no Superiour he hath many Equals and where there is equality there is no subjection But Bracton tells us in plain terms not only that the King hath no Superiour in his Realm except God Almighty but no Equal neither and the reason which he gives is exceeding strong Quia sic amitteret praeceptum cum par in Parem non habeat potestatem Beacton de leg Angl. l. 1. c. 8. because he could not have an Equal but with the loss of his Authority and Regal Dignity considering that one Equal hath no power to command another Now lest the Fuller should object as perhaps he may that this is spoken of the King out of times of Parliament and of the Members of the Houses seorsim taken severally as particular persons but when they are convened in Parliament then they are Sovereigns and no Subjects first he must know that by the Statute of Queen Elizabeth all of the House of Commons are to take the Oath before remembred for the defending of all preheminences and authorities united and annexed to the Imperial Crown of this Realm and for bearing faith and true allegiance to the King his Heirs and lawful Successors and that if any of them do refuse this Oath Stat. 5. Eliz. 1. he is to have no voice in Parliament 2. He cannot choose but know that even sedente Parliamento both the Lords and Commons use to address themselves to his Sacred Majesty in the way of supplication and petition and certainly it is not the course for men of equal rank to send Petitions unto one another and that in those Petitions they do stile themselves his Majesties most humble and obedient Subjects Which is not only used as the common Complement which the hypocrisie of these times hath taken up though possibly it might be no otherwise meant in some late addresses but is the very phrase in some Acts of Parliament 25 Hen. 8. c. 22. c. as in the Acts at large doth at full appear 3. They may be pleased to know how happy a thing it was for the Realm of England that this Fuller did not live in former times For had he broached this Doctrine some Ages since he would have made an end of Parliaments Princes are very jealous of the smallest points of Sovereignty and love to Reign alone without any Rivals their Souls being equally made up of Pompeys and Caesars and can as little brook an Equal as endure a Superiour And lastly I must let him know what Bodinus saith who telleth us this Legum ac edictorum probatio aut publicatio quae in Curia vel Senatu fieri solet Bedin de Rep. l. 1. c. 8. non arguit imperii majestatem in Senatu vel Curia inesse viz. That the publishing and approbation of Laws and Edicts which is made ordinarily in the Court or Parliament proves not the Majesty of the State to be in the said Court or Parliament And therefore if the power of confirmation or rejecting be of a greater trust and more high concernment than that of consulting and consenting as no doubt it is the power of consulting and consenting which the Fuller doth ascribe to the two Houses of Parliament will give them but a sorry title to Co-ordinative Sovereignty This leads me on unto the Power of making Laws which as before I said is properly and legally in the King alone tanquam in proprio Subjecto as in the true and adequate subject of that Power And for the proof thereof I shall thus proceed When the Norman Conqueror first came in as he won the Kingdom by the Sword so did he govern it by his Power His Sword was then the Scepter and his Will the Law There was no need on his part of an Act of Parliament much less of calling all the Estates together to know of them after what Form and by what Laws they would be governed It might as well be said of him as in the flourish and best times of the Roman Emperors Justin Institut l. 1. c. Quod Principi placuerit legis babet vigorem that whatsoever the King willed it did pass for Law This King and some of his Successors being then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and having a despotical power on the lives and fortunes of their Subjects which they disposed of for the benefit of their Friends and followers Normans French and Flemings as to them seemed best But as the Subjects found the Yoke to be too heavy and insupportable so they addressed themselves in their Petitions to the Kings their Sovereigns to have that Yoke made easier and the burden lighter especially in such particulars of which they were most sensible at the present time By this means they obtained first to have the Laws of Edward the Confessor contain'd for the most part in the Great Charter afterwards and by this means that is to say by pouring out their prayers and desires unto them did they obtain most of the Laws and Statutes which are now remaining of the time of King Henry the 3d and King Edward the first Many of which as they were issued at the first either in Form
of Charters under the Great Seal or else as Proclamations of Grace and Favour so do they carry still this mark of their first procuring the King willeth the King commandeth the King ordaineth the King provideth the King grants c. And when the Kings were pleased to call their Estates together it was not out of an Opinion that they could not give away their Power or dispense their Favours or abate any thing of the severity of their former Government without the approbation and consent of their people but out of just fear lest any one of the three Estates I mean the Clergy the Nobility and the Commons should insist on any thing which might be prejudicial to the other two The Commons being always on the Craving part and suffering as much perhaps from their immediate Lords as from their King might possibly have asked some things which were as much derogatory to the Lords under whom they held as of their Sovereign Liege the King the chief Lord of all In this respect the Counsel and Consent as well of the Prelates as the Temporal Lords was accounted necessary in passing of all Acts of Grace and Favour to the people because that having many Royalties and large immunities of their own a more near relation to the person and a greater interesse in the honour of their Lord the King nothing should pass unto the prejudice and diminution of their own Estates or the disabling of the King to support his Sovereignty And this for long time was the Stile of the following Parliaments viz. To the honour of God and of holy Church Preface an 1 Ed. 3. and to the redress of the oppressions of the people our Sovereign Lord the King c. at the request of the Commonalty of his Realm by their Petition made before him and his Council in the Parliament by the Assent of the Prelates Earls Barons and other great men assembled in the said Parliament hath granted for him and his Heirs c. To this effect but with some little and but a very little variation of the words was the usual Stile in all the Prefaces or Preambles of the Acts of Parliament from the beginning of the Reign of King Edward the 3d till the beginning of the Reign of King Henry the 7th save that sometimes we find the Lords complaining 10 Ed. 3. c. 21 Ed. 3. c. 28 Ed. 3. c. or petitioning and the Commons assenting as their occasion did require and sometime also no other motive represented but the Kings great desire to provide for the ease and safety of his people upon deliberation had with the Prelates and Nobles and learned men assisting with their mutual Counsel 23 Ed. 3. And all this while there is no question to be made but that the power of making Laws was conceived to be the chiefest Flower of the Royal Diadem to which the Lords and Commons neither joint nor seperate did not pretend the smallest Title more than petitioning for them or assenting to them it being wholly left to the Kings Grace and goodness whether he would give ear or not to their Petitions or hearken unto such Advice as the Lords or other great men gave him in behalf of his people And this is that which was declared in the Parliament by the Lords and Commons and still holds good as well in point of Law as Reason that it belonged unto the regality of the King to grant or deny what Petitions in Parliament be pleaseth But as the Kings came in upon doubtful Titles 2 Hen. 5. or otherwise were necessitated to comply with the peoples humours as sometimes they were so did the Parliaments make use of the opportunities for the encrease of their Authority at least in the formalities of Law and other advantages of expression So that in the minority of King Henry the sixth unto those usual words by the advice and assent of the Lords Spiritual and Temporal and at the special instance and request of the Commons which were inserted ordinarily into the body of the Acts from the beginning of the Reign of King Henry the sixth was added this By the Authority of the said Parliament But still it is to be observed 3 Hen. 6. c. 2. 8 H. 6.3 c. that though those words were added to the former clause yet the power of granting or ordaining was acknowledged to belong to the King alone as in the places in the Margin where it is said Our Lord the King considering the premises by the advice and assent and at the request aforesaid hath ordained and granted by the Authority of the said Parliament 3 H. 6.2 and our Lord the King considering c. hath ordained and established by Authority of this Parliament 8 H. 6.3 And thus it generally stood but every general Rule may have some exceptions till the beginning of the Reign of King Henry the seventh about which time that usual clause the special instance or request of the Commons began by little and little to be laid aside and that of their advice or assent to be inserted in the place thereof for which I do refer you to the Book at large Which though it were some alteration of the former stile and that those words By the Authority of this present Parliament may make men think that the Lords and Commons did then pretend some Title unto the power of making Laws yet neither advising or assenting are so operative in the present case as to transfer the power of making Laws to such as do advise about them or assent unto them nor can the alteration of the Forms and stiles used in anitient times import an alteration of the Form of Government unless it can be shewed as I think it cannot that any of our Kings did renounce that Power which properly and solely did belong unto them or did by any solomn Act of Communication confer the same upon the Lords and Commons convened in Parliament And this is that which is resolved and declared in our Common Law where it is said Cited in the unlawfulness of resist p. 107. Le Roy fait les loix avec le consent du Seigneurs et communs et non pas les Seigneurs et communs avec le consent du Roy that is to say that the King makes Laws in Parliament by the assent of the Lords and Commons and not the Lords and Commons by the assent of the King And for a further proof of this and for the clearing of this point that the Lords and Commons pretend to no more power in the making of Laws than opportunity to propound and advise about them and on mature advice to give their several Assents unto them we need but look into the first Act of the Parliament in the third year of K. Charles being a Recognition of some ancient rights belonging to the English Subject An Act conceived according to the Primitive Form Statut. 3 Carol. in
times the Kings did graciously vouchsafe to pass the whole Bill in that Form which the Houses gave it or to reject it wholly as they saw occasion yet still the Privy Council and the Judges and the Council learned in the Laws have and enjoy their place in the House of Peers as well for preservation of the Kings Rights and Royalties as for direction to the Lords in a point of Law if any case of difficulty be brought before them on which occasions the Lords are to demand the Opinion of the Judges and upon their Opinions to ground their Judgment As for Example In the Parliament 28 of Hen. VI. The Commons made suit that William de la Pole Duke of Suffolk should be committed to Prison for many Treasons and other Crimes and thereupon the Lords demanded the Opinion of the Judges 28 Hen. 6. whether he should be committed to Prison or not whose Answer was that he ought not to be committed in regard the Commons had not charged him with any particular offence but with generals only which Opinion was allowed and followed In another Parliament of the said King held by Prorogation one Thomas Thorpe the Speaker of the House of Cemmons was in the Prorogation-time condemned in 1000 l. damages upon an Action of Trespass at the suit of Richard Duke of York and was committed to Prison for execution of the same The Parliament being reassembled the Commons made suit to the King and Lords to have their Speaker delivered to them according to the Privilege of Parliaments The priviled of the Barons p. 15. the Lords demanded the Opinion of the Judges in it and upon their Answer did conclude that the Speaker should stilll remain in Prison according to Law notwithstanding the privilege of Parliament and according to this resolution the Commons were commanded in the Kings name to chuse one Tho. Carleton for their Speaker which was done accordingly Other Examples of this kind are exceeding obvious and for numbers infinite yet neither more in number nor more obvious than those of our Kings serving their turns by and upon their Parliaments as their occasions did require For not to look on higher and more Regal times we find that Richard the 2d a Prince not very acceptable to the Common people could get an Act of Parliament 21 Ric. 2. to confirm the extrajudicial Opinion of the Judges given before at Notingham that King Henry IV. could by another Act reverse all that Parliament entail the Crown to his posterity 1 Hen. 4. and keep his Dutchy of Laneaster and all the Lands and Scigneuries of it from being united to the Crown that King Edward the 4th could have a Parliament to declare all the Kings of the House of Lancaster to be Kings in Fact but not in Right 1 Ed. c. 1. and for uniting of that Dutchy to the Crown Imperial notwithstanding the former Act of separation that King Richard the 3d could have a Parliament to bastardize all his Brothers Children Speeds Hist in K. Richard 3. Verulams Hist of K. Hen. 7. 11 Hen. 7. c. 10. to set the Crown on his own Head though a most bloody Tyrant and a plain Usurper that K. Henry VII could have the Crown entailed by an Act of Parliament to the issue of his own body without relation to his Queen of the House of York which was conceived by many at that time to have the better Title to it another for paying a Benevolence which he had required of the Subject though all Benevolences had been damned by a former Statute made in the short but bloudy reign of King Richard the 3d that King Henry VIII could have one Act of Parliament to bastardry his Daughter Mary in favour of the Lady Elizabeth 65 Hen. 8. c. 22 28. c. 7. 35 H. 8. c. 1. another to declare the Lady Elizabeth to be illegitimate in expectation of the issue by Queen Jane Seymour a third for setling the succession by his Will and Testament and what else he pleased that Queen Mary could not only obtain several Acts in favour of her self and the See of Rome but for the setling of the Regency on the King of Spain 1 Mar. ses 2. c. 1 2. 1. 2 Ph. M. c. 8.10 in case the Children of that Bed should be left in non-age And finally that Queen Elizabeth did not only gain many several Acts for the security of her own Person which were determinable with her life but could procure an Act to be passed in Parliament for making it high Treason to affirm and say That the Queen could not by Act of Parliament bind and dispose the Rights and Titles which any person whatsoever might have to the Crown 13 Eliz. c. 1. And as for raising moneys and amassing Treasures by help of Parliaments he that desires to know how well our Kings have served themselves that way by the help of Parliaments let him peruse a book entituled the Privilege of Parliaments writ in the manner of Dialogue between a Privy Counsellor and a Justice of Peace and he shall be satisfied to the full Put all that hath been said together and sure the Kingdom of England must not be the place in which the three Estates convened in Parliament have power to regulate the King or restrain his actions or moderate his extravagances or where they can be taxed for persidious treachery of they connive at Kings when they play the Tyrants or wantonly insult on the Common-people or otherwise abuse that power which the Lord hath given them Calvin was much mistaken if he thought the contrary or if he dreamt that he should be believ'd on his ipse dixit without a punctual enquiry into the grounds and probability of such a dangerous intimation as he lays before us But against this it is objected that Parliaments have disposed of the Militia of the Kingdom of the Forts Castles Ports and the Navy Royal not only without the Kings leave but against his liking that they have deposed some Kings and advanced others to the top of the Regal Throne And for the proof of this they produce Examples out of the Reign of King Henry III. Edw. II. and King Richard the second Examples which if rightly pondered do not so much prove the Power as the Weakness of Parliaments in being carried up and down by the private conduct of every popular pretender For 't is well known that the Parliaments did not take upon them to rule or rather to over-look K. Henry III. but as they were directed by Simon Montfort Earl of Leicester who having raised a potent faction in the State by the assistance of the Earls of Glocester Matth. Paris Henr. 3. Hereford Derby and some others of the great Lords of the Kingdom compelled the King to yield unto what terms he pleased and made the Parliaments no other than a means and instrument to put a popular gloss on his wretched purposes And
any Church but by the leave of the King or of the Ordinary of the place nor privately by any Women Artificers Apprentices Journey-men Husband-men Labourers or by any of the Servants of Yeomen or under with several pains to those who should do the contrary This is the substance of the Statute of the 34 and 35 Hen. 8. c. 1. Which though it shews that there was somewhat done in Parliament in a matter which concern'd Religion which howsoever if you mark it was rather the adding of the penalties than giving any resolution or decision of the points in question yet I presume the Papists will not use this for an Argument that we have either a Parliament-Religion or a Parliament Gospel or that we stand indebted to the Parliament for the Use of the Scriptures in the English Tongue which is so principal a part of the Reformation Nor did the Parliament speed so prosperously in the undertaking which the wise King permitted them to have a hand in for the foresaid ends or found so general an obedience in it from the common people as would have been expected in these Times on the like occasion but that the King was fain to quicken and give life to the Acts thereof by his Proclamation Anno 1546. which you shall find in Fox his Book fo 1427. To drive this Nail a little further The terrour of this Statute dying with H. 8. or being repealed by that of K. Ed. 6. c. 22. the Bible was again made publique and not only suffered to be read by particular persons either privatly or in the Church but ordered to be read over yearly in the Congregation as a part of the Liturgie or Divine Service Which how far it relates to the Court of Parliament we shall see anon But for the publishing thereof in Print for the Use of the people for the comfort and edification of private persons that was done only by the King at least in his Name and by His Authority And so it also stood in Q. Elizabeth's time the translation of the Bible being again reviewed by some of the most learned Bishops appointed thereunto by the Queens Commission from whence it had the name of the Bishops Bible and upon that review Reprinted by her sole Commandement and by her sole Authority left free and open to the Use of her well-affected and religious subjects Nor did the Parliament do any thing in all Her Reign with reference to the Scriptures in the English Tongue otherwise than at the reading of them in that Tongue in the Congregation is to be reckoned for a part of the English Liturgy whereof more hereafter In the translation of them into Welch or British somewhat indeed was done which doth look this way It being ordered in the Parliament 5. Eliz. c. 28. That the B. B. of Hereford St. Davids Bangor Landaff and St. Asaph should take care amongst them for translating the whole Bible with the Book of Common Prayer into the Welch or Brittish Tongue on pain of forfeiting 40 l. a piece in default hereof And to incourage them thereunto it was Enacted that one Book of either sort being so translated and imprinted should be provided and bought for every Cathedral Church as also for all Parish-Churches and Chappels of Ease where the said tongue is commonly used the Ministers to pay the one half of the price and the Parishioners the other But then you must observe withal that it had been before determined in the Convocation of the self-same year Anno 2562. That the Common-Prayer of the Church ought to be celebrated in a tongue which was understood by the people as you may see in the Book of Articles of Religion Art 24. which came out that year and consequently as well in the Welch or Brittish as in any other Which care had it been taken for Ireland also as it was for Wales no question but that people had been more generally civiliz'd and made conformable in all points to the English Government long before this time And for the new Translation of K. James his time to shew that the Translation of Scripture is no work of Parliament as it was principally occasioned by some passages in the Conference at Hampton Court without recourse unto the Parliament so was it done only by such men as the King appointed and by His Authority alone imprinted published and imposed care being taken by the Canon of the year 1603. That one of them should be provided for each several Church at the charge of the Parish No flying in this case to an Act of Parliament either to Authorize the doing of it or to impose it being done 4. Of the Reformation of Religion in points of Doctrine NExt let us look upon the method used in former Times in the reforming of the Church whether in points of Doctrine or in forms of Worship and we shall find it still the same The Clergy did the work as to them seemed best never advising with the Parliament but upon the post-fact and in most cases not at all And first for Doctrinals there was but little done in K. Henries time but that which was acted by the Clergy only in their Convocation and so commended to the people by the Kings sole Authority the matter being never brought within the cognizance of the two Houses of Parliament For in the year 1536. being the year in which the Popes Authority was for ever banished there were some Articles agreed on in the Convocation and represented to the King under the hands of the Bishops Abbots Priors and inferior Clergy usually called unto those Meetings the Original whereof being in Sir Robert Cotton's Library I have often seen Which being approved of by the King were forthwith published under the Title of Articles devised by the Kings Highness to stable Christian quietness and unity amongst the people In which it is to be observed First that those Articles make mention of three Sacraments only that is to say of Baptisme Penance and the Sacrament of the Altar And secondly That in the Declaration of the Doctrine of Justication Images honouring of the Saints departed as also concerning many of the Ceremonies and the fire of Purgatory they differ'd very much from those Opinions which had been formerly received in the Church of Rome as you may partly see by that Extract of them which occurs in Fox his Acts and Monuments Vol. 2. fol. 1246. For the confirming of which Book and recommending it to the use of the people His Majesty was pleased in the Injunctions of the year 1536. to give command to all Deans Parsons Vicars and Curates so to open and declare in their Sermons and other Collations the said Articles unto them which be under their Cure that they might plainly know and discern which of them be necessary to be believed and observed for their salvation and which do only concern the decent and politique Order of the Church And this he did upon this ground that the said
came out in some years succeeding for the taking away of Images and Reliques with all the Ornaments of the same and all the Monumens and writings of feigned Miracles and for restraint of offering or setting up Lights in any Churches but only to the Blessed Sacrament of the Altar in which he was directed chiefly by Arch-Bishop Cranmer as also those for eating of white meats in the time of Lent the abolishing the Fast on St. Marks day and the ridiculous but superstitious sports accustomably used on the days of St. Clement St. Katherine and St. Nicholas All which and more was done in the said Kings Reign without help of Parliament For which I shall refer you to the Acts and Mon. fol. 1385 1425 1441. The like may also be affirmed of the Injunctions published in the name of K. E. 6. An. 1547. and printed also then for the Use of the Subjects And of the several Letters missive which went forth in his Name prohibiting the bearing of Candles on Candlemas-day of Ashes in Lent and of Palms on Palm-sunday for the taking down of all the Images throughout the Kingdom for administring the Communion in both kinds dated March 13 1548. for abrogating of private Masses June 24 1549. for bringing in all Missals Graduals Processionals Legends and Ordinals about the latter end of December of the same year for taking down of Altars and setting up Tables instead thereof An. 1550. and the like to these All which particulars you have in Foxes Book of Acts and Mon. in King Edwards life which whether they were done of the Kings meer motion or by advice of his Council or by consultation with his Bishops for there is little left upon Record of the Convocations of that time more than the Articles of the year 1552 certain I am that there was nothing done nor yet pretended to be done in all these particulars by the Authority of Parliament Thus also in Q. Elizabeths time before the new Bishops were well settled and the Queen assured of the affections of her Clergy she went that way to work in the Reformation which not only her two Predecessors but all the Godly Kings and Princes in the Jewish State and many of the Christian Emperours in the Primitive times had done before her in the well ordering of the Church and People committed to their care and government by Almighty God and to that end she published her Injunctions An. 1559. A Book of Orders An. 1561. Another of Advertisements An. 1562. All tending unto Reformation unto the building up of the new Jerusalem with the advice and counsel of the Metropolitan and some other Godly Prelates who were then a-about her by whom they were agreed on and subscribed unto before they were presented to her without the least concurrence of her Court of Parliament But when the times were better settled and the first difficulties of her Reign passed over she left Church-work to the disposing of Church-men who by their place and calling were most proper for it and they being met in Convocation and thereto Authorised as the Laws required did make and publish several Books of Canons as viz. 1571. An. 1584. An. 1597. Which being confirmed by the Queen under the broad Seal of England were in force of Laws to all intents and purposes which they were first made but being confirmed without those formal words Her Heirs and Successors are not binding now but expired together with the Queen No Act of Parliament required to confirm them then nor never required ever since on the like occasion A fuller evidence whereof we cannot have than in the Canons of year 1603. being the first year of King James made by the Clergy only in the Convocation and confirmed only by the King for though the old Canons were in force which had been made before the submission of the Clergy as before I shewed you which served in all these wavering and unsettled times for the perpetual standing rule of the Churches Government yet many new emergent cases did require new rules and whilst there is a possibility of Mali mores there will be a necessity of bonae Leges Now in the confirmation of these Canons we shall find it thus That the Clergy being met in their Convocation according to the Tenour and effect of his Majesties Writ his Majesty was pleased by virtue of his Prerogative Royal and Supream Authority in causes Ecclesiastical to give and grant unto them by his Letters Patents dated April 12. and June 25. full free and lawful liberty licence power and authority to convene treat debate consider consult and agree upon such Canons Orders Ordinances and Constitutions as they should think necessary fit and convenient for the honour and service of Almighty God the good and quiet of the Church and the better government thereof from time to time c. to be kept by all persons within this Realm as far as lawfully being members of the Church it may concern them which being agreed on by the Clergy and by them presented to the King humbly requiring him to give his Royal assent unto them according to the Statute made in the 25 of K. H. 8. and by his Majesties Prerogative and Supream Authority in Ecclesiastical causes to ratifie and confirm the same his Majesty was graciously pleased to confirm and ratifie them by his Letters Patents for himself his Heirs and lawful Successors straightly commanding and requiring all his loving Subjects diligently to observe execute and keep the same in all points wherein they do or may concern all or any of them No running to the Parliament to confirm these Canons nor any question made till this present by temperate and knowing men that there wanted any Act for their confirmation which the law could give them 7. An Answer to the main Objections of either Party BUT against this all which hath been said before it will be objected That being the Bishops of the Church are fully and wholly Parliamentarian and have no more Authority and Jurisdiction nisi à Parliamentis derivatum but that which is conferred upon them by the power of Parliaments as both Sanders and Schultingius do expresly say whatsoever they shall do or conclude upon either in Convocation or in more private conferences may be called Parliamentarian also And this last calumny they build on the several Statutes 24 H. 8. c. 12. touching the manner of Electing and Consecrating Arch-Bishops and Bishops that of the 1 E. 6. c. 2. appointing how they shall be chosen and what Seals they shall use these of 3 and 4 Ed. 6. c. 12. 5. 6 E. 6. for Authorizing of the Book of Ordination But chiefly that of the 8 Eliz. c. 1. for making good all Acts since 1 Eliz. in Consecrating any Arch Bishop or bishop within this Realm To give a general answer to each several cavil you may please to know that the Bishops as they now stand in the Church of England derive their Calling together with
Prayers and Benedictions devised by Ezra Which had they been the very first stinted forms of prayer which ever had been heard of in the Jewish Church Smectymn indicat p. 20. as some men give out although indeed it be not so it would make more than they imagine both for the Authority and Antiquity of set forms of worship But to return again unto the Reading of the Law set on foot by Ezra besides that by this institution the reading of the Law of Moses became an ordinary part of the Jewish Liturgy for the Sabbath days he caused it also to be read upon the second and the fift days being our Monday and Thursday that they might not rest three days from hearing the Law and at the Evening prayer of the Sabbath days because of idle persons who perhaps were absent at the Morning service Id. in Tephillah ubircath c. 12. cited by H. Thorndike In his religious Assemblies c. 8. The difference was only this that in these Readings on the by if I may so call them the Minister or the Reader was not tyed to read the whole Section or Parasha as upon the Sabbath but was therein left unto himself conditioned that he read no less than ten verses at each several reading and that there were three men to read it on the days aforesaid Now to this reading of the Law in the Congregation every Sabbath day was also added at some times and on some occasions the Exposition of the same and that I find to have been done two ways either by way of Comment and Application or else by reading with the Law some part of passage of the Prophets as seemed most parallel unto it Of these the first may seem to take beginning from the Act of Ezra who in that famous reading of the Law mention whereof is made in Nehemiah cap. viii not only caused a Pulpit of wood to be provided for that purpose that so he might be heard the better but placed about the same divers Priests and Levites to expound the Text and give the sense and meaning of it that so the people might the better understand the reading Whereof as of a thing never used before the reason is thus given by Torniellus because the Hebrew tongue wherein the Scriptures were first written was grown strange unto them Torniel annal A.M. 3610. n. 9. Chaldaico seu Syriaco idiomate in locum ejus surrogato the Syriack or Chaldee language being generally received in the place thereof And hereunto agrees Cunaeus who saith expresly that whilst the former Temple stood Interpretatio magistrorum commentatio nulla there was no gloss or exposition of the Law made as of course unto the people Cunaeus de Repub. Jud. l. 1. c. 17. That office being supplyed when there was occasion by such holy Prophets as God raised amongst them at extraordinary times and for no ordinary purposes But that these Expositions of the Law thus begun by Ezra were afterwards used constantly amongst the Jews every Sabbath day as I do no where find it so I dare not say it If so it were it could not be done presently but in tract of time of which more anon In the mean time we will behold the second kind of Exposition which before we spake of that which was made by reading with the Law some part or passage of the Prophets which came near unto it The first beginning of the which the Jews refer unto the furious raging of Antiochus furnamed Epiphanes who had not only defiled the Temple and forbid the use of Circumcision but also did prohibit the reading of the Law of Moses upon pain of death On which occasion and to prevent the mischief which might thereby grow if the reading of the Law should be quite left off they chose chapters and divisions out of the writings of the Prophets which were most answerable to those parts of the Law of Moses which were read before as for this Section of the Law In the beginning God Created c. They made choice of that in Esa xlii 5. So saith the Lord the Creator of Heaven and Earth continuing to the 11. verse of the xliii These fractions of the Law they called Haphtara And though the tyranny of Antiochus being over-blown Christ Synag lib. 1. cap. 4. they fell again unto the reading of the Law of Moses as was used before yet they continued still the reading of the holy Propohets as finding it a very wholsome institution and sometimes joyned thereunto such Expositions as the Scribes and Rabbins made upon the same according to their several Talents Certain I am that so it was in our Saviurs time and in the time of his Apostles For thus we find in S. Luke's Gospel that when our Saviour came into the Synagogue of Nazareth and stood up to read Luk. 4.16 c. there was delivered him the book of the Prophet Esay and that when he had read the place he closed the Book and gave it again unto the Minister the Apostle of the Congregation as the Rabbins call him and afterwards expounded and applyed the Text. And in his History of the Apostles we find that Paul and Barnabas being present at the Synagogue of Antiochia Act. 13.14 15. on the Sabbath day sate down and that after the reading of the Law and Prophets the Rulers of the Synagogue sent unto them saying Ye Men and Brethren if ye have any word of Exhortation for the people say on c. In which we have at once the custom of those latter times for the expounding of the Law in the Congregation as being by this time made a part of Gods holy Service as the place and room also which it held in the publick Liturgy that is to say next to the reading of the Law and Prophets as now the Sermon followeth on the reading of the Epistle and the Gospel As for the gesture which was used by these several Ministers in the discharge of those distinct and several Offices I find that the reading of the Law and Prophets and the exposition of the same was with the face of him that did it towards the face of the people whereof see Luk. iv 16. And that the Minister who read the Prayers whom they called the Apparitour of the Synagogue stood with his back towards the people his face being turned unto the Ark. This leads me on unto another Institution not known before the building of the second Temple or the times of Ezra which was the setting up of Synagogues and Oratories throughout the Countrey Of these we find no mention in the former times and but little Use the total sum of all Gods publick worship being cast into the Temple of Hierusalem For where it is supposed by some that there were Synagogues of the Jews in the time of David who for the proof thereof did produce these words They have burnt up all the Synagogues of God in the Land Psal lxxiv. the supposition
and Ministers shall move the people to joyn with them in Prayer in this Form or to this effect as briefly as conveniently they may Ye shall pray for Christs holy Catholick Church that is for the whole Congregation of Christian people dispersed through the whole world and especially for the Churches of England Scotland and Ireland And herein I require you most especially to pray for the Kings most excellent Majesty our Sovereign Lord James King of England Scotland France and Ireland Defender of the Faith and Supreme Governour in these his Realms and all other his Dominions and Countreys over all Persons in all causes as well Ecclesiastical as Temporal Ye shall also pray for our gracious Queen Ann the noble Prince Henry and the rest of the Kings and Queens Royal Issue Ye shall also pray for the Ministers of Gods holy Word and Sacraments as well Archbishops and Bishops as other Pastors and Curats Ye shall also pray for the Kings most honourable Council and for all the Nobility and Magistrates of this Realm that all and every of those in their several callings may serve truly and painfully to the Glory of God and the edifying and well-governing of his people remembring the accompt they must make Also ye shall pray for the whole Commons of this Realm that they may live in true Faith and fear of God and humble obedience to the King and Brotherly Charity one to another Finally let us praise God for all those that are already departed out of this life in the Faith of Christ and pray unto God that we may have grace to direct our lives after their good examples that this life ended we may be made partakers with them of the glorious Resurrection in the life everlasting Always concluding with the Lords Prayer So far the Letter of the Canon in which there was not any purpose nor in the makers of the same to introduce into the Church any Form of Prayer or Invocation save those which were laid down in the Common prayer Book nor indeed could they if they would the Statute 1 Eliz. being still in force but to reduce her Ministers to the antient usage of this Church which had been much neglected if not laid aside The Canons then established were no late Invention as some give it out but a Collection of such Ordinances and pious Customs as had been formerly in use since the Reformation which being scattered and diffused in several Injunctions Orders and Advertisements published by K. Henry VIII K. Edward VI. and Q. Eliz. or in the Canons of particular Convocations in those times assembled or otherwise retained in continual practice was by the care and wisdom of the Clergy in the Synod at London An. 1603. drawn up together into one body and by his Majesty then being Authorized in due form of Law And being so Authorized by his Majesty the Canons then made had the force of Laws and were of power to bind the Subjects of all sorts according to their several and respective concernments as fully and effectually as any Statute or Act of Parliament can bind the Subject of this Realm in their goods and properties For which consult the Statute 25. H. 8. cap. 19. and the practice since Which as it may be said of all so more particularly of the Canon now in question of which it is to be considered that the main body of the same had been delivered formerly almost verbatim in the Queens Injunctions published by her Royal and Supream Authority in the first year of her Reign Anno 1559. which I will therefore here put down that by comparing both together we may the better see the true intention of that Canon and what is further to be said in the present business The Queens Injunction is as followeth The title this The Form of bidding the Prayers to be used generally in this uniform sort and then the body of it is this Ye shall pray for Christs holy Catholick Church that is for the whole Congregation of Christian people dispersed throughout the whole world and especially for the Churches of England and Ireland and herein I require you most especially to pray for the Queens most excellent Majesty our Soveraign Lady Eliz. Queen of England France and Ireland Defender of the Faith and supream Governour of this Realm as well in causes Ecclesiastical as Temporal You shall also pray for the Ministers of Gods holy Word and Sacraments as well Archbishops and Bishops as other Pastors and Curats Ye shall also pray for the Queens most honourable Council and for all the Nobility of this Realm That all and every of these in their callings may serve truly and painfully to the glory of God and edifying of his people remembring the accompt they must make Also you shall pray for the whole Commons of this Realm that they may live in true faith and fear of God in humble Obedience and brotherly Charity one to another Finally let us praise God for all those that are departed out of this life in the faith of Christ and pray unto God that we may have grace to direct our lives after their good example that after this life we may be made partakers of the glorious resurrection in the life everlasting These are the very words of the Injunction wherein it is to be observed that as the Canon hath relation to this Injunction so neither this Injunction nor any thing therein enjoyned was of new erection but a Reviver only of the usual Form which had been formerly enjoyned and constantly observed in King Edwards days as we shall see by looking over the Injunction published and the practice following thereupon in the said Kings Reign Now the Injunction of King Edward the 6. is in this Form following The Title thus The Form of bidding the Common prayers and then the Form it self You shall pray for the whole Congregation of Christs Church and especially for this Congregation of England and Ireland wherein first I commend to your devout prayers the Kings most excellent Majesty supreme Head immediately under God of the Spiritualty and Temporalty of the same Church And for Queen Katharine Dowager and also for my Lady Mary and my Lady Elizabeth the Kings Sisters Secondly you shall pray for my Lord Protectors grace with all the rest of the Kings Majesties Council for all the Lords of this Realm and for the Clergy and Commons of the same Beseeching Almighty God to give every one of them in his degree Grace to use themselves in such wise as may be to Gods glory the Kings honour and the weal of this Realm Thirdly you shall pray for all them that be departed out of this world in the faith of Christ that they with us and we with them at the day of Judgment may rest both Body and Soul with Abraham Isaac and Jacob in the Kingdom of Heaven This was the Form first published in the beginning of the Reign of King Edward VI. and it continued all
the great Cardinal Baronius in his Application of the place are fain to falsifie their Author For whereas in the Text we have that he of the Petenders was to have possession 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to whom the Bishops of Italy Euseb hist Eccl. l. 7. c. 24 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Baron in Annal An. 272. n. 18. and the City of Rome should adjudge the same Christopherson translates it thus Quibus Christiani Italiae Vrbis Romae Episcopi tribuenda praescriberent Baronius with less ambiguity Cui Italiae Christiani Vrbis Romanae Episcopi dandam praescriberent to whom the Christians of Italy and the Bishops of the City of Rome should think fit to give it And for a further testimony of this equality betwixt Rome and Millain we may note also on the by that each Church had its proper and peculiar customs Rome neither giving Law to Millain nor she to Rome Witness that signal difference betwixt them in the Saturdays fast which in those times was kept at Rome but not at Millain according to that memorable saying of Saint Ambrose quando Romae sum jejuno Sabbato quando hic sum non jejuno Sabbato In Aug. Ep. 86. in fine Indeed the Church of Millain might well stand on her own Prerogatives as being little inferiour unto that of Rome either in the condition of her founder or the Antiquity of her foundation S. Barnabas the Apostle being generally reported for the first Bishop here to whom Anathalon succeeded Gaius after him Baron Annet in Martyr Rom. Junii 11. Martyr Rom. Sept. 25.27 and so successively Bishop after Bishop till these very times Thus having prosecuted the affairs of this second Century from the Church of Carthage unto that of Alexandria from thence to Antioch and on occasion of Samosatenus Bishop of this last being forced to take a journey over unto Rome and Italy we will next look on the condition of these Western Churches and the estate wherein Episcopacy stood amongst them for this present Age. CHAP. VI. Of the state wherein Episcopacy stood in the Western Churches during the whole third Century 1. Of Zephyrinus Pope of Rome and the decrees ascribed unto him concerning Bishops 2. Of the condition of that Church when Cornelius was chosen Bishop thereof 3. The Schism raised in Rome by Novatianus with the proceedings of the Church therein 4. Considerable observations on the former story 5. Parishes set forth in Country Villages by Pope Dionysius 6. What the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 do fignifie most properly in Ancient Writers 7. The great Authority which did accrue unto the Presbyters by the setting forth of Parishes 8. The rite of Confirmation reserved by Bishops to themselves as their own Prerogative 9. Touching the ancient Chorepiscopi and the authority to them entrusted 10. The rising of the Manichean Heresie with the great care taken by the Bishops for the crushing of it 11. The lapse of Marcellinus Pope of Rome with the proceedings of the Church in his Condemnation 12. The Council of Eliberis in Spain what it decreed in honour of Episcopacy 13. Constantine comes unto the Empire with a brief prospect of the great honours done to Bishops in the following Age. 14. A brief Chronologie of the state of holy Church in these two last Centuries BEing thus returned at last to the Western Churches the first we meet withal is Victor Bishop of the Church of Rome who lived in the conclusion of the second Century and the beginning of the third to whom succeeded Zephyrinus Optat. de Schism Donat. l. 2. Platina in vita Zephyrini who by Optatus is entituled Vrbicus or the City-Bishop the stile of Oecumenicaal or Vniversal being then unknown Of him it is affirmed by Platina Mandasse ne Episcopus vel à Patriarcha vel Primate vel à Metropolitano suo in judicium vocatus sine authoritate Apostolica damnaretur how he decreed that no Bishop being called in question either by Patriarch Primate or Metropolitan should be condemned without the leave and liking of the See Apostolick that is to say the Bishop of Rome as the Author means it A matter fit enough indeed for an Oecumenical but of too high a nature for a City-Bishop to attempt or think of And therefore I desire to be excused of Platina if I believe neither his report nor the Epistles Decretal ascribed unto Zephyrinus on which the said report was founded Sure I am Damasus in the Pontifical tells us no such matter Concil Tom. 1. à Binio edit Apud Binium in Concil Tom. 1. Sozom. Eccl. hist l. 8. c. 6. And no less sure I am that the practice of the Church was contrary for a long time after Saint Chrysostom being then Patriarch of Constantinople deposing thirteen Bishops in one Visitation whom he had found unworthy of so high a calling without consulting with the Church of Rome or fearing that his acts might have been repealed by the Popes thereof Nor can that strange report of Platina consist if looked on with indifferent eyes either with the condition of the times of which he writeth in which the Popes had hardly meditated on their future greatness or with the Constitutions of the Church by which the Primate in each Diocess had the dernier resort as the Lawyers phrase it there being regularly no Appeal from him but only to a general Council Which Constitution of the Church as it was afterwards confirmed by the great Council of Chalcedon Con. Calcedon Can. 9. so was it finally established by the Laws Imperial whereof consult Novel Constitut 123. c. 22. More likely is that other Ordinance or Decree ascribed to Zepherinus by this Author Platina in Zepherino ut astantibus Clericis Laicis fidelibus levita sacerdos ordinaretur that Priests and Deacons should be ordained in the presence of the Clergy and other of Gods faithful people in which as he is backed by Damasus who affirms the same So is the truth or probability thereof at least confirmed by the following practice Where note that in the Ordination of these Priests and Deacons there is not any thing required but the peoples presence adstantibus Laicis as that Author hath it the Church being never so obliged unto the votes and suffrages of the people but that the Bishop might ordain fit Ministers without requiring their consent though on the reasons formerly delivered it was thought fit that Ordinations should be made in publick as well the People as the Clergy being present at them The seventh from Zepherinus was Cornelius by birth a Roman elected to that place and ministery Cypr. Epist 52. Coepiscoporum testimonio by the consent and suffrage of his Com Provincials as also by the voices of the Clergy Plebis quae tunc adfuit suffragio and with the liking of the people or as many of them as did attend at the Election the number of the
now resolved on in the present too Accordingly the Bishops of those Churches and as many other as could be drawn together in that dangerous time Platina in vita Marcel Assembled at Sinuessa now called Suessa a City of Campania 180. in the total as it is in Platina Where though they had sufficient proof of that foul offence yet because Marcellinus stood upon the Negative negabat se thurifieâsse as the Acts declare Acta Conc. Sinuessani ap Bin. To. 1. they thought it fit not to proceed unto the sentence till they had brought him to confession Ex ore tuo justificaberis ex ore tuo condemnaberis as Petrus one of the Bishops then assembled did press it on him Not that being met Synodically they did want Authority to proceed against him as the Pontifician Doctors vainly say Bellarm. de Pont. Rom. l. 2. c. 26. Act. Concil Sinuessani but that it was more consonant to the Roman Laws that to the testimony of the Witnesses the confession of the party should be added also Which when they had procured from him Subscripserunt in ejus damnationem damnaverunt eum extra Civitatem they all condemned him say the Acts and all subscribed unto the Condemnation Helchiades one of the Bishops there Assembled being the first that led the way And therefore that which followeth after Prima sedes non judicabitur à quoquam that the Bishop of the first See shall be judged of none which Bellarmin so much insists on was either foisted in by some later hand Bellar. ut supra the better to advance the Popes Supremacy or else must be interpreted as it fairly may non judicabitur à quoquam that no particular person of what rank soever had any power to judge his Primate So great a person as Marcellinus being fallen so foully though after he recovered footing and died a Martyr for the Gospel It is the less to be admired Damas Platina Alij if many of inferiour quality did betray the cause and fell into the like Idolatries The persecution was both fierce and long though never at the height till the last years of Dioclesian and more than ever were the Lapsi who had for saving of their lives denied their Saviour Who when they came unto themselves and having made their way unto it by some appearance of contrition desired to be admitted to the blessed Sacrament the Bishops were much troubled with their importunity those godly Prelates being as well careful of the Churches Discipline as the unfortunate estate of those wretched men Besides the quality of their offence appearing in some greater in some less than others it put them unto no small trouble how to proportion the intended penance unto the nature of the crime For remedy whereof Petrus the godly Patriarch of Alexandris diversa adhibens pro conditione cujusque medicamenta vulneribus Id. ibid. n. 20. fitting each several wound with a proper plaister as Baronius hath it published certain Canons and instructions for their direction in the same A copy of the which we have both in Baronius and the Bibliotheca This as it gave great ease unto the Prelates in the Eastern parts where the authority of the man was great and prevalent So in the West the Bishops of particular Churches spared no pains nor labour for the upholding of that Discipline which they received from the hands of their Predecessors In Spain particularly where both the number and condition of these Lapsi seemed more considerable Id. ibid. n. 39. the Bishops of the Province of Betica called a Council at Eliberis then a prime City of those parts near to the ruines of the which the City of Granada standeth Osius that famous Confessor being there amongst them where they established divers Canons 81. in all for confirmation of the publick Discipline and holding up of that severity by which the same had been maintained Of all which number those which concern our business are these five especially Conc. Eliberit Can. 19. First it is ordered that neither Bishops Presbyters nor Deacons should leave the place in which they served to follow Merchandise de locis suis negociandi causa non discedant nor wander up and down the Countrey after gainful Markets In which it was provided notwithstanding that ad victum sibi conquirendum that for their necessary maintenance they might send abroad on those employments their Sons or Freed-men or Servants or any other and for their own parts if they would needs take that course intra Provinciam negotientur they were required to contain themselves within the compass of the Province in the which they ministred It seems the Fathers of the Council were not so severe though otherwise tenacious enough of the Ancient Canons as to conceive that Merchandizing a secular imployment doubtless was utterly inconsistent with holy Orders especially if either it conduced unto the maintenance of their selves and Families or that it did not take them off from the attendance on those places in which their Ministery was required This for the maintenance the next was for the honour of Episcopacy For in the 32. it is ordained Ibid. can 32. that those who in some grievous Lapse be in danger of eternal death apud Presbyterum poenitentiam agere non debere sed potius apud Episcopum ought not to make confession to or be enjoyned penance by a Presbyter but to or by the Bishop only unless it be in urgent and extream necessity in the which case a Presbyter might admit him unto the Communion as might a Deacon also by the appointment of the Presbyter Of this sort also this that followeth Ibid. can 53. by which it is decreed ut ab eo Episcopo quis accipiat Communionem that Sinners be admitted to the Sacrament by that Bishop only by whom for their offences they had been formerly Excommunicated and that if any other Bishop presumed to admit him thereto the Bishop who had Excommunicated him neither being made acquainted with it nor consenting to it he was to render an account of it unto his Colleagues Cum status sui periculo even with the danger of his place Ibid. can 77. Of the same temper is a fourth wherein it is enacted That if any Deacon having a cure or charge committed to him shall Baptize any of that cure without a Presbyter or Bishop Episcopus eos per benedictionem perficere debebit the Bishop is required to confirm the party by his Episcopal benediction With this Proviso notwithstanding that if the party do decease before confirmation Sub fide qua quis credidit poterit esse justus it is to be conceived that by the Sacrament of Baptism he had received all things necessary to salvation Nor did the Fathers in this Council take order only for the Bishops in point of honour but they provided also for the whole Clergy in point of safety Ibid. 75. decreeing by a full consent
means to attain that knowledg they entertained the Pentateuch or five Books of Moses and with them the Sabbath They were beholden to the Lions which God sent amongst them Otherwise they had never know the Sabbath nor the Lord who made it Themselves acknowledg this in an Epistle to Antiochus Epiphanes when he made havock of the Jews The Epistle thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. To King Antiochus Epiphancs the mighty God the suggestion of the Sidonians that dwell at Sichem Our Ancestors enforced by a continual plague which destrayed their Countrey this was the Lions before spoken of and induced by an ancient superstition Joseph Antiq. lib. 12. c. 7. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 took up a custom to observe that day as holy which the Jows call the Sabbath So that it seems by this Epistle that when the Assyrian sent back one of the Priests of Israel to teach this people what was the manner of the God of the Land that at that time they did receive the Sabbath also which was about the year of the Worlds Creation Orig. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 4. 3315. The Priest so sent is said to have been called Dosthai and as the word is mollified in the Greek it is the same with Dofitheus who as he taught these new Samaritans the observation of the Sabbath so as some say he mingled with the same some neat devices of his own For whereas it is said in the Book of Exodus Let no man go out of his place on the Sabbath day this Dositheus if at least this were he keeping the letter of the Text did affirm and teach that in what ever posture any man was found 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the beginning of the Sabbath in the self-same he was to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 even until the evening I say if this were he as some say because there was another Dositheus a Samaritan too that lived more near unto the time of Origen and is most like to be the man However we may take it for a Samaritan device as indeed it was though not so ancient as to take beginning with the first entertainment of the Sabbath in that place and people this transportation of the ten Tribes for their many sins was a fair warning unto those of the house of Judah to turn unto the Lord and amend their lives and observe his Sabbaths his sabbata annorum Sabbaths of years as well as either his weekly or his yearly Sabbaths The Jews had been regardless of them all and for neglect of all God resolved to punish them First Chap. 13. v. 18. for the weekly Sabbath that God avenged himself upon them for the breach thereof is evident by that one place of Nahemiah Did not your Fathers thus saith he and our God brought this plague upon us and upon our City yet ye increase the wrath upon Israel in breaking the Sabbath Next for the Annual Sabbaths God threatned that he would deprive them of them by his Prophet Hosea as before was said And lastly for his Sabbaths of years they had been long neglected and almost forgotten if observed at all Torniellus finds three only kepe in all the Scripture Nor are more specified in particular but sure more were kept the certain number of the which may easily be found by the proportion of the punishment God tells them that they should remain in bondage 1 Chrom 36.21 until the Land had enjoyed her Sabbaths for so long as she lay desolate she kept Sabbath to fulfil threescore and ten years So that as many years as they were in bondage so many Sabbaths of years they had neglected Now from the year 2593. which was the seventh year after their possession of the Land of Canaan unto the year 3450. which was the year of their Captivity there passed in all 857. years just of which 122 were years Sabbatical By which account it is apparent that they had kept in all that time but fifty-two sabbatical years and for the seventy Sabbaths of years which they had neglected God made himself amends by laying desolate the whole Country seventy years together till the Earth had enjoyed ber Sabbaths Not that the Earth lay still all that while and was never tilled for those that did remain behind and inhabit there must have means to live but that the tillage was so little and the crop so small the People being few in numbers that in comparison of former times it might seem to rest But whatsoever Sabbaths the carth enjoyed the People kept not much themselves The solemn Feasts of Pentecost the Passeover and the Feast of Tabernacles they could not celebrate at all because they had no Temple to repair unto nor did they celebrate the New-moons and the weckly Sabbath as they ought to do Non neomeniae non sabbati exercere laetitiam In Hos 2. nee emnes festivitates quas uno nomine comprehendit as Saint Hierom hath it For that they used to work on the Sabbath day both in the Harvest and the Vintage during the Captivity we have just reason to suspect considering what great difficulty Nehemiah found to redress those errors So little had that People profited in the School of Piety that though they felt Gods heavy anger for the breach thereof yet could they hardly be induced to amend their follies But presently on their return from babylon they reared up the Altar and kept the Feast of Tabernacles and the burnt-offerings day by day and afterward the continual burnt-offering Ezra 3.4 5. both in the New-moons and the solemn Feast-days that had been consecrate unto the Lord. This the first work that was endeavoured by Zorobabel and other Rulers of the People and it was somewhat that they went so far in the Reformation as to revive the Sabbaths and the publick Festivals I say the Sabbaths amongst others for so Josephus doth express it They Celebrated at that time saith he the feast of Tabernacles according as their Law-maker had ordained and afterwards they offered oblations and continual Sacrifices observing their Sabbaths and all holy solemnities Yet they observed them not so truly but that some evil customs which had crept amongst them during the Captivity were as yet continued Markets permitted on the Sabbath and the publick Festivals Burdens brought in and out the Vintage no less followed on those days than on any other And so continued till the year 3610. which was some ninety years after they were returned from Babel what time they celebrated that great Feast of Tabernacles and Ezra publickly read the Law before all the People Upon which Act this good ensued that both the Priests and Princes and many others of the People did enter covenant with the Lord that if the People of the Land brought ware Nch. 10. v. 31. or any Victuals to sell them on the Sabbath day that we would not buy it of them on the Sabbath or on the holy-days and that we would
one other Reading of it publickly and before the people related in the thirteenth of Nehemiah when it was neither Feast of Tabernacles nor sabbatical year for ought we find in holy Scripture Therefore most like it is that it was the Sabbath which much about those times began to be ennobled with the constant reading of the Word in the Congregation First in Hierusalem and after by degrees in most places else as men could fit themselves with convenient Synagogues Houses selected for that purpose to hear the Word of God and observe the same Of which times and of none before those passages of Philo and Josephus before remembred Chap. 6. n. 4. touching the weekly reading of the Law and the behaviour of the people in the publick places of Assembles are to be understood and verified as there we noted For that there was no Synagogue nor weekly reading of the Law before these times besides what hath been said already we will now make manifest No Synagogue before these times for there is neither mention of them in all the body of the old Testament nor any use of them in those days wherein there were no Congregations in particular places And first there is no mention of them in the old Testament For where it is supposed by some that there were Synagogues in the time of David and for the proof thereof they produce these words Psal 74.8 they have burnt up all the Synagogues of God in the Land the supposition and the proof are alike infirm For not to quarrel the Translation which is directly different from the Greek and vulgar Latine and somewhat from the former English this Psalm if writ by David was not composed in reference to any present misery which fefell the Church There had been no such havock made thereof in all Davids time as is there complained of Therefore if David writ that Psalm he writ it as inspired with the spirit of Prophecy and in the spirit of Prophecy did reflect on those wretched times wherein Antiochus laid waste the Church of God and ransacked his inheritance To those most probably must it be referred the miseries which are there bemoaned not being so exactly true in any other time of trouble as it was in this Magis probabilis est conjectura ad tempus Antiochi referri has querimonias as Calvin notes it In Psal 74. And secondly there was no use of them before because no reading of the Law in the Congregation of ordinary course and on the Sabbath days For had the Law been read unto the people every Sabbath day we either should have found some Commandment for it or some practice of it but we meet with neither Rather we find strong arguments to persuade the contrary We read it of Jehosaphat 2 Chron. 17.7 that in the third year of his reign he sent his Princes Ben-hail and Obadiah and Zechariah and Nathaneel and Micaiah to teach in the Cities of Judah These were the principal in Commission and unto them he joyned nine Levites and two Priests to bear them company and to assist them It followeth And they taught in Judah Verse 9. and had the book of the Law of the Lord with them and they went about throughout all the Cities of Judah and taught the people And they taught in Judah and had the Book of the Law with them This must needs be a needless labour in case the people had been taught every Sabbath day or that the Book of the Law had as then been extant and extant must it be if it had been read in every Town and Village over all Judaea Therefore there was no Synagogue no reading of the Law every Sabbath day in Jehosaphats time But that which follows of Josiah is more full than this 2 Kings 12. That godly Prince intended to repair the Temple and in pursuit of that intendment Hilkiah the Priest to whom the ordering of the work had been committed found hidden an old Copy of the Law of God which had been given unto them by the hand of Moses This Book is brought unto the King and read unto him And when the King had heard the words of the Law he rent his cloths And not so only Verse 11. Chap. 23.1 2. but he gathered together all the Elders of Judah and Hierusalem and read in their ears all the words of the Book of the Covenant which was found in the house of the Lord. Had it been formerly the custom to read the Law each Sabbath unto all the people it is not to be thought that this good King Josiah could possibly have been such a stranger to the Law of God or that the finding of the Book had been related for so strange an accident when there was scarce a Town in Judah but was furnished with them Or what need such a sudden calling of all the Elders and on an extraordinary time to hear the Law if they had heard it every Sabbath and that of ordinary course Nay so far were they at this time from having the Law read amongst them every weekly Sabbath that as it seems it was not read amongst them in the sabbath of years as Moses had before appointed For if it had been read unto them once in seven years only that vertuous Prince had not so soon forgotten the contents thereof Therefore there was no Synagogue no weekly reading of the Law in Josiabs days And if not then and not before then not at all till Ezras time The finding of the Book of God before remembred is said to happen in the year 3412. of the Worlds Creation not forty years before the people were led Captives into Babylon in which short space the Princes being careless and the times distracted there could be nothing done that concern'd this business Now from this reading of the Law in the time of Ezra unto the Council holden in Hierusalem there passed 490 years or thereabouts Acts 15.21 Antiquity sufficient to give just cause to the Apostle there to affirm that Moses in old time in every City had them that preached him being read in the Synagogues every Sabbath day So that we may conclude for certain that till these times wherein we are there was no reading of the Law unto the people on the Sabbath days and in these times when it was taken up amongst them it was by Ecclesiastical institution only no divine Authority But being taken up on what ground soever it did continue afterwards though perhaps sometimes interrupted until the final dissolution of that Church and State and therewithal grew up a liberty of interpretation of the holy words which did at last divide the people into sects and factions Petrus Cunaeus doth affirm that howsoever the Law was read amongst them in the former times either in publick or in private De repub l. 2. ca. 17. yet the bare Text was only read without gloss or descant Interpretatio magistrorum commentatio nulla But in
until after he had preached at Antiochia on the sabbath day yet was it certainly before he had done the like either at Philippos Thessalonica or at Corinth For the occasion of that Council it was briefly this Amongst those which had joyned themselves with the Apostles there was one Cerinthus a sellow of a turbulent and unquiet spirit and a most eager Enemy of all those Counsels whereof himself was not the Author This man had first begun a faction against St. Peter for going to Cornelius and preaching life eternal unto the Gentiles and finding ill success in that goes down to Antiochia and there begins another against Saint Paul This Epiphanius tells us of him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lib. 1. har 28. n. 1. c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The like Philaster doth affirm Seditionem sub Apostolis commovisse De haeres in Cerintho that he had raised a faction against the Apostles which was not to be crushed but by an Apostolical and general Council This man and those that came down with him were so enamoured on the Ceremonies and Rites of Moses that though they entertained the Gospel yet they were loth to leave the Law and therefore did resolve it seems to make a mixture out of both Hence taught they that except all men were circumcised after the manner of Moses they could not be saved Where note Acts 15.1 that though they spake only of Circumcision yet they intended all the Law sabbaths and other legal Ordinances of what sort soever Docuit Cerinthus observationem legis Mosaicae necessariam esse circumcisionem sabbata observanda as Philaster hath it The like saith Calvin on the place Sola quidem circumcisio hic nominatur sed ex contextu facile patet eos de tota lege movisse controversiam The like Lorinus also amongst the Jesuits Nomine circumcisionis reliqua lex tota intelligitur Indeed the Text affirms as much where it is said in terms express that they did hold it needful to circumeise the people Acts 15.5 and to command them to keep the Law of Moses whereof the Sabbath was a part For the decision of this point and the appeasing of those Controversies which did thence arise it pleased the Church directed by the Holy Ghost to determine thus that such amongst the Gentiles as were converted to the faith should not at all be burdened with the Law of Moses but only should observe some necessary things viz. that they abstain from things offered unto Idols and from blood and that which is strangled Verse 29 and from fornication And here it is to be observed that the Decree or Canon of this Council did only reach unto the Gentiles as is apparent out of the Proeme to the Decretal which is directed to the Brethren which are of the Gentiles and from the 21. Chapter of the Acts where it is said that as concerning the Gentiles which believe we have written and determined that they observe no such thing as the Law of Moses So that for all that was determined in this Council those of the Jews which had embraced the saith of Christ were not prohibited as yet to observe the Sabbath and other parts of Moses Law Acts 16.3 as before they did in which regard St. Paul caused Timothy to be circumcised because he would not scandalize and offend the Jews The Jews were very much affected to their ancient Ceremonies In Acts 21.23 and Calvin rightly hath affirmed Correctionem ut difficilis erat ita subitam esse non potuisse that a full reformation of that zeal of theirs as it was full of difficulty so could it not be done upon the sudden Concil Tom. 1. Bin. Therefore it pleased the Apostles as it is conceived in their fourth Council holden at Hierusalem mention whereof is made in the 21. of the Acts to make it lawful for the Jews to retain Circumcision and such legal Rites together with the faith in Christ Quamdiu templum sacrificia legis in Hierusalem stabant as long as the Jewish Temple and the legal sacrifices in Hierusalem should continue standing Not that the faith of Christ was not sufficient of it self for their salvation Sed ut mater Synagoga paulatim cum honore sepeliretur but that the Synagogue might be layed to sleep with the greater honour But this if so it was was for no long time For when the third Council holden in Hierusalem against Cerinthus and his party was held in Anno 51. and this which now we speak of Anno 58. the final ruin of the Temple was in 72. So that there was but one and twenty years in the largest reckoning wherein the Christian Jews were suffered to observe their Sabbath and yet not as before they did as if it were a necessary Duty but as a thing indifferent only But that time come the Temple finally destroyed and the legal Ceremonies therein buried it was accounted afterwards both dangerous and heretical to observe the Sabbath or mingle any of the Jewish leaven with the Bread of life St. Hierom roundly so proclaims it caeremonias Judaeorum perniciosas pestiferas esse Christianis that all the Ceremonies of the Jews whereof before he named the Sabbath to be one were dangerous yea and deadly too to a Christian man Sive ex Judaeis esset five ex Gentibus whether he were originally of the Jews or Gentiles To which Saint Austin gives allowance Ego hanc vocem tuam omnino confirmo in his reply unto St. Hicrom That it was also deemed heretical to celebrate a sabbath in the Christian Church we shall see hereafter In the mean time we must proceed in search of the Lords day and of the Duties then performed whereof we can find nothing yet by that name at least The Scripture tells us somewhat that St. Paul did at Troas upon the first day of the week which happening much about this time comes in this place to be considered The passage in the Text stands thus Acts 20.7 Vpon the first day of the week when the Disciples came together to break bread Paul preached unto them ready to depart on the morrow and continued his speech until midnight Take notice here that Paul had tarried there seven days before this hapned Now in this Text there are two things to be considered first what was done upon that day and secondly what day it was that is there remembred First for the action it is said to be breaking of bread which some conclude to be administring the Sacrament of the Lords Supper and Pauls Discourse which followed on it In locum to be a Sermon But sure I am Saint Chrysostom tells us plainly otherwise who relates it thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Their meeting at that time saith he was not especially to receive instruction from Saint Paul but to eat bread with him and there upon occasion given he discoursed unto them See saith the Father how
as well upon the Saturday as upon the Sunday it is now time we turned our course and set sail for England where we shall find as little of it as in other places until that forty years ago no more some men began to introduce a Sabbath thereunto in hope thereby to countenance and advance their other projects CHAP. VII In what estate the Lords day stood in this Isle of Brittain from the first Planting of Religion to the Reformation 1. What doth occur about the Lords day and the other Festivals amongst the Churches of the Brittains 2. Of the estate of the Lords day and the other Holy-days in the Saxon Heptarchy 3. The honours done unto the Sunday and the other Holy-days by the Saxon Monarchs 4. Of the publick actions Civil Ecclesiastical mixt and Military done on the Lords day under the first six Norman Kings 5. New Sabbath Doctrins broached in England in King Johns Reign and the miraculous original of the same 6. The prosecution of the former story and ill success therein of the undertakers 7. Restraint of worldly business on the Lords day and the other Holy-days admitted in those times in Scotland 8. Restraint of certain servile works on Sundays Holy-days and the Wakes concluded in the Council of Oxon under Henry III. 9. Husbandry and Legal process prohibited on the Lords day first in the Reign of Edward III. 10. Selling of Wools on the Lords day and the solemn Feasts forbidden first by the said King Edward as after Fairs and Markets generally by King Henry VI. 11. The Cordwainers of London restrained from selling their Wares on the Lords day and some other Festivals by King Edward IV. and the repealing of that Act by King Henry VIII 12. In what estate the Lords day stood both for the doctrine and the practice in the beginning of the Reign of the said King Henry AND now at last we are for England that we may see what hath been done amongst our selves in this particular and thereby be the better lessoned what we are to do For as before I noted the Canons of particular Churches and Edicts of particular Princes though they sufficiently declare both what their practice and opinion was in the present point yet are no general rule nor prescript to others which lived not in the compass of their Authority Nor can they further bind us as was then observed than as they have been since admitted into our Church or State either by adding them unto the body of our Canon or imitating them in the composition of our Acts and Statutes Only the Decretals of the Popes the body of their Canon Law is to be excepted which being made for the direction and reiglement of the Church in general were by degrees admitted and obeyed in these parts of Christendome and are by Act of Parliament so far still in force as they oppose not the Prerogative Royal or the municipal Laws and Statutes of this Realm of England Now that we may the better see how it hath been adjudged of here and what hath been decreed ordome touching the Lords day and the other Holy-days we will ascend as high as possibly we can even to the Church and Empire of the Brittains Of them indeed we find not much and that delivered in as little it being said of them by Beda Hist l. 1. c. 8. that in the time of Constantine they did dies festos celebrare observe those Holy-days which were then in use which as before we said were Easter Whitsontide the Feasts of Christs Nativity and his Incarnation every year together with the Lords day weekly And yet it may be thought that in those times the Lords day was not here of any great account in that they kept the Feast of Easter after the fashion of the Churches in the Eastern parts decima quarta luna on what day of the week soever which certainly they had not done had the Lords day obtained amongst them that esteem which generally it had found in the Western Churches And howsoever a late writer of Ecclesiastical History endeavour to acquit the Brittains of these first Ages from the erroneous observation of that Feast Brought hist l. 4. c. 13. and make them therein followers of the Church of Rome yet I conceive not that his proofs come home to make good his purpose For where it is his purpose to prove by computation that that erroneous observation came not in amongst the Brittains till 30 years before the entrance of S. Austin and his associates into this Island and for that end hath brought a passage out of Beda touching the continuance of that custom It 's plain that Beda speaks not of the Brittish but the Scottish Christians Permansit autem apud eos the Scottish-Irish Christians as himself confesseth hujusmodi observantia Paschalis tempore non pauco hoc est usque ad annum Domini 717. per annos 150. which was as he computes it somewhat near the point but 30 years before the entrance of that Austin Now for the Scots it is apparent that they received not the faith till the year of Christ 430 not to say any thing of the time wherein they first set footing in this Island which was not very long before and probably might about that time of which Beda speaks receive the custom of keeping Easter from the Brittains who were next neighbours to them and a long time lived mingled with them But for the Brittains it is most certain that they had longer been accustomed to that observation though for the time thereof whether it came in with the first plantation of the Gospel here we will not contend as not pertaining to the business which we have in hand Suffice it that the Brittains anciently were observant of those publick Festivals which had been generally entertained in the Church of God though for the time of celebrating the Feast of Easter they might adhere more unto one Church than unto another As for the Canon of the Council of Nice Anno 198. which is there alledged Baronius rightly hath observed out of Athanasius that notwithstaning both the Canon and the Emperours Edicts thereupon tamen etiam postea Syros Cilices Mesopotamios in eodem errore permansisse the Syrians Cilicians and Mesopotamians continued in their former errours And why not then the Brittains which lay farther off as well as those that dwelt so near the then Regal City Proceed we next unto the Saxons who as they first received the faith from the Church of Rome so did they therewithal receive such institutions as were at that time generally entertained in the Roman Church the celebration of the Lords day and the other Festivals which were allowed of and observed when Gregory the Great attained the Popedom And here to take things as they lie in order we must begin with a narration concerning Westminster which for the prettiness of the story I will here insert Sebert the first Christian King of the East Saxons
King c. hath ordained and established that no Cordwainer or Cobler within the City of London or within three miles of any part of the said City c. do upon any Sunday in the year or on the Feasts of the Ascension or Nativity of our Lord or on the Feasi of Corpus Christi sell or command to be sold any Shwe Huseans i. e. Bootes or Galoches or upon the Sunday or any other of the said Feasts shall set or put upon the feet or legs of any person any Shwes Huseans or Galoches upon pain of forfeiture and loss of O shillings as often as any person shall do contrary to this Ordinance Where note that this restraint was only for the City of London and the parts about it which shews that it was counted lawful in all places clse And therefore there must be some particular motive why this restraint was laid on those of London only either their insolencies or some notorious neglect of Gods publick service the Gentle craft had otherwise been ungently handled that they of all the Tradesmen in that populous City should be so restrained Note also that in this very Act there is a reservation or indulgence for the Inhabitants of S. Martins le Grand to do as formerly they were accustomed the said Act or Statute not withstanding 14 15 of H. 8. cap. 9. Which very clause did after move King Henry VIII to repeal this Statute that so all others of that trade might be free as they or as the very words of the Statute are That to the Honour of Almighty God all the Kings Subjects might be hereafter at their liberty as well as the Inbabitants of S. Martins le Grand Now where it seemeth by the Proeme of the Statute 17. of this King Edward IV. c. 3. that many in that time did spend their Holy-days in dice Quoits Tennis bowling and the like unlawful Games forbidden as is there affirmed by the Laws of the Realm which said unlawful Games are thereupon prohibited under a certain penalty in the Statute mentioned It is most manisest that the Prohibition was not in reference to the time Sundays or any other Holy-days but only to the Games themselves which were unlawful at all times For publick actions in the times of these two last Princes the greatest were the battels of Towton and Barnet one on Palm-Sunday and the other on Easter-day the greatest Fields that ever were fought in England And in this State things stood till King Henry VIII Now for the doctrine and the practice of these times before King Henry the VIII and the Reformation we cannot take a better view than in John de Burgo Chancellor of the University of Cambridg I pitta Oâ—â—i Pl. 12. 11. D. about the latter end of King Henry the sixth First Doctrinally he determincth as before was said that the Lords day was instituted by the authority of the Church and that it is no otherwise to be observed than by the Canons of the Church we are bound to keep it Then for the name of Sabbath that the Lords day quaelibet dies statuta ad divinam culturam Id. lb. E. and every day appointed for Gods publick service may be so entituled because in them we are to rest from all servile works such as are Arts Mechanick Husbandry Law-days and going to Markets with other things quae ab Ecclesia determinantur I l ply 5.9 cap. 7. H. which are determined by the Church Lastly that on those days insistendum est orationibus c. We must be busied at our prayers the publick service of the Church in Hymns and in spiritual Songs and in hearing Sermons Next practically for such things as were then allowed of he doth sort them thus First generally Non tamen prohibentur his diebus faccre quae pertinent ad providentiam necessariorum c. We are not those days restrained from doing such things as conduce to the providing of necessaries either for our selves or for our Neighbours as in preserving of our persons or of our substance or in avoiding any loss that might happen to us Id. ib. J. Particularly next si jacentibus c. In case our Corn and Hay in the Fields abroad be in danger of a Tempest we may bring it in yea though it be upon the Sabbath Butchers and Victualers if they make ready on the Holy days what they must sell the morrow after either in open Market or in their shops in case they cannot dress it on the day before or being dressed they cannot keep it Id. ib. L. non peccant mortaliter they fall not by so doing into mortal sin vectores mercium c. Carriers of Wares or Men or Victuals unto distant places in case they cannot do it upon other days without inconvenience are to be excused Barbers and Chirurgions Smiths or Farriers if on the Holy days they do the works of their daily labour Id. ib. M. especially propter necessitatem eorum quibus serviunt for the necessities of those who want their help are excusable also but not in case they do it chiefly for desire of gain Id. ib. N. Messengers Posts and Travellers that travel if some special occasion be on the Holy days whether they do it for reward or not non audeo condemnare are not at all to be condemned As neither Millers which do grind either with Water-mils or Wind-mils and so can do their Work without much labour but they may keep the custom of the place in the which they live not being otherwise commanded by their Ordinaries Id. ib. O. secus si traciu jumentorum multuram faciunt but if it be an Horse-mill then the case is altered So buying and selling on those days in some present exigent as the providing necessary Victuals for the day was not held unlawful dum tamen exercentes ea non subtrabunt se divinis officiis in case they did not thereby keep themselves from Gods publick Service Lastly Id. ib. Q. for Recreations for dancing on those days he determins thus that they which dance on any of the Holy days either to stir themselves or others unto carnal lusts commit mortal sin and so they do saith he in case they do it any day But it is otherwise if they dance upon honest causes and no naughty purpose and that the persons be not by Law restrained Choreas ducentes maxime in diebus sestis causa incitanda se vel alios ad peccatum mortale peccant mortaliter similiter si in profestis diebus hoc fiat secus si hoc fiat ex causa honesta intentione non corrupta à persona cui talia non sunt probibita With which determination I conclude this Chapter CHAP. VIII The story of the Lords Day from the Reformation of Religion in this Kingdom till this present time 1. The doctrine of the Sabbath and the Lords day delivered by three several Martyrs conformably
especially appointed for the same are called Holy days Rot for the matter or the nature either of the time or day c. for to all days and times are of like holiness but for the nature and condition of such holy works c. whereunto such times and days are sanctified and hallowed that is to say separated from all prophane uses and dedicated not unto any Saint or Creature but only unto God and his true worship Neither is it to be thought that there is any certain time or definitive number of days prescribed in holy Scripture but the appointment both of the time and also of the number of days is left by the authority of Gods Word unto the liberty of Christs Church to be determined and assigned orderly in every Countrey by the discretion of the Rulers and Ministers thereof as they shall judg most expedient to the true setting forth of Gods glory and edification of their people Nor is it to be thought that all this Preamble was made in reference to the Holy days or Saints days only whose being left to the authority of the Church was never questioned but in relation to the Lords day also as by the Act it self doth at full appear for so it followeth in the Act Be it therefore enacted c. That all the days hereafter mentioned shall be kept and commanded to be kept Holy days and none other that is to say all Sundays in the Year the Feasts of the Circumcision of our Lord Jesus Christ of the Epiphanie of the Purification with all the rest now kept and there named particularly and that none other day shall be kept and commanded to be kept holy day and to abstain from lawful bodily labour Nay which is more there is a further Clause in the self-same Act which plainly shews that they had no such thought of the Lords day as that it was a Sabbath or so to be observed as the Sabbath was and therefore did provide it and enact by the Authority aforesaid a bat it shall be lawful to every Husbandman Labourer Fisherman and to all and every other person or persons of what estate degree or condition be or they he upon the holy days aforesaid in Harvest or at any other times in the year when necessity shall so require to labour ride fish or work any kind of work at their free-wills and pleasure any thing in this Act unto the contrary notwithstanding This is the total of this Act which if examined well as it ought to be will yield us all those propositions or conclusions before remembred which we collected from the writings of those three particular Martyrs Nor is it to be said that it is repealed and of no Authority Repealed indeed it was in the first year of Queen Mary and stood repealed in Law though otherwise in use and practice all the long Reign of Queen Elizabeth but in the first year of King James was revived again Note here that in the self-same Parliament the Common Prayer-Book now in use being reviewed by many godly Prelates was confirmed and authorized wherein so much of the said Act as doth concern the Names and Number of the Holy days is expressed and as it were incorporate into the same Which makes it manifest that in the purpose of the Church the Sunday was no otherwise esteemed of than another Holy day This Statute as before we said was made in Anno 5. 6. of Edward the sixth And in that very Parliament as before we said the Common-Prayer-Book was confirmed which still remains in use amongst us save that there was an alteration or addition of certain Lessons to be used on every Sunday of the Year 1 Eliz. cap. 2. the form of the Letany altered and corrected and two Sentences added in the delivery of the Sacrament unto the Communicants Now in this Common Prayer-Book thus confirmed in the fifth and sixth years of King Edward the sixth Cap. 1. it pleased those that had the altering and revising of it that the Commandments which were not in the former Liturgy allowed of in the second of the said Kings Reign should now be added and accounted as a part of this the people being willed to say after the end of each Commandment Lord have mercy upon us and incline our hearts to keep this Law Which being used accordingly as well upon the hearing of the fourth Commandment as of any others hath given some men a colour to persuade themselves that certainly it was the meaning of the Church that we should keep a Sabbath still though the day be changed and that we are obliged to do it by the fourth Commandment Assuredly they who so conclude conclude against the meaning of the Book and of them that made it Against the meaning of the Book for if the Book had so intended that that Ejaculation was to be understood in a literal sence according as the words are laid down in terminis it then must be the meaning of the Book that we should pray unto the Lord to keep the Sabbath of the Jews even the seventh day precisely from the Worlds Creation and keep it in the self-same manner as the Jews once did which no man I presume will say was the meaning of it For of the changing of the day there is nothing said nor nothing intimated but the whole Law laid down in terminis as the Lord delivered it Against the meaning also of them that made it for they that made the Book and reviewed it afterwards and caused these Passages and Prayers to be added to it Cranmer Archbishop of Canterbury Ridley Bishop of London and certain others of the Prelates then and there assembled were the same men by whose advice and counsel the Act before remembred about keeping Holy days was in the self-same Parliament drawn up and perfected And is it possible we should conceive so ill of those reverend persons as that they would erect a Sabbath in the one Act and beat it down so totally in the other to tell us in the Service-Book that we are bound to keep a Sabbath and that the time and day of Gods publick Worship is either pointed out in the fourth Commandment or otherwise ordained by Divine Authority and in the self-same breath to tell us that there is neither certain time nor definite number of days prescribed in Scripture but all this left unto the liberty of the Church I say as formerly I said it is impossible we should think so ill of such Reverend persons nor do I think that any will so think hereafter when they have once considered the non sequitur of their own Conclusions As for the Prayer there used we may thus expound it according to the doctrine and the practice both of those very times viz. that their intent and meaning was to teach the people to pray unto the Lord to incline their hearts to keep that Law as far as it contained the Law of Nature and had been
appointed by the Church for the assembly of Gods people we should lay by our daily business and all worldly thoughts and wholly give our selves to the heavenly exercises of Gods true Religion and Service But to encounter them at their own weapon it is expresly said in the Act of Parliament about keeping Holy-days that on the days and times appointed as well the other Holy days as the Sunday Christians should cease from all kind of labour and only and wholly apply themselves to such holy works as appertain to true Religion the very same with that delivered in the Homily If wholly in the Homily must be applied unto the day then it must be there and then the Saints days and the other Holy-days must be wholly spent in religious exercises When once we see them do the one we will bethink our selves of doing the other As for the residue of that Homily which consists in popular reproofs and exhortations that concerns not us in reference to the point in hand The Homilies those parts thereof especially which tend to the correction of manners and reformation of abuses were made agreeable to those times wherein they were first published If in those times men made no difference between the Working-day and Holy-day 〈◊〉 kept their Fairs and Markets and bought and sold and rowed and ferried and drow and carried and rode and journeyed and did their other business on the Sunday as well as on the other days when there was no such need but that they might have tarried longer they were the more to blame no doubt in trespassing so wilfully against the Canons of the Church and Acts of Parliament which had restrained many of the things there specified The Homily did well to reprove them for it If on the other side they spent the day in ungodliness and filthiness in gluttony and drunkenness and such like other crying sins as are there particularly noted the Prelates of the Church had very ill discharged their duty had they not taken some course to have told them of it But what is that to us who do not spend the Lords day in such filthy fleshliness whatever one malicious sycophant hath affirmed therein or what is that to dancing shooting leaping vaulting may-games and meetings of good Neighbourhood or any other Recreation not by Law prohibited being no such ungodly and filthy acts as are therein mentioned Thus upon due search made and full examination of all parties we find no Lords day Sabbath in the book of Homilies no nor in any writings of particular men in more than 33 years after the Homilies were published I find indeed that in the year 1580 the Magistrates of the City of London obtained from Queen Elizabeth that Plays and Enterludes should no more be acted on the Sabbath-day within the liberties of their City As also that in 83. on the 14th of January being Sunday many were hurt and eight killed outright by the sudden falling of the Scaffolds in Paris-garden This shews that Enterludes and Bear-baitings were then permitted on the Sunday and so they were a long time after though not within the City of London which certainly had not been suffered had it been then conceived that Sunday was to be accounted for a Sabbath But in the year 1595. some of that faction which before had laboured with small profit to overthrow the Hierarchy and government of this Church of England now set themselves on work to ruinate all the orders of it to beat down at one blow all days and times which by the wisdom and authority of the Church had been appointed for Gods service and in the stead thereof to erect a Sabbath of their own devising These Sabbath speculations and Presbyterian directions as mine Author calls them they had been hammering more than ten years before thought they produced them not till now and in producing of them now they introduced saith he a more than cither Jewish or Popish superstition into the Land Rogers in preface to the Articles to the no small blemish of our Christian profession and scandal of the true servants of God and therewith doctrine most erroneous dangerous and Antichristian Of these the principal was one Dr. Bound who published first his Sabbath Doctrins Anno 1595. and after with additions to it and enlargements of it Anno 1606. Wherein he hath affirmed in general over all the book that the Commandment of sanctifying every seventh day as in the Mosaical decalogue is natural moral and perpetual That where all other things in the Jewish Church were so changed that they were clean taken away as the Priesthood the Sacrifices and the Sacraments this day the Sabbath was so changed that it still remaineth p. 91. that there is great reason why we Christians should take our selves as straitly bound to rest upon the Lords day as the Jews were upon their Sabbath for being one of the moral Commandments it bindeth us as well as them being all of equal authority p. 247. And for the Rest upon this day that it must be a notable and singular Rest and most careful exact and precise Rest after another manner than men were accustomed p. 124. Then for particulars no buying of Victuals Flesh or Fish Bread or Drink 158. no Carriers to travel on that day 160. nor Parkmen or Drovers 162. Scholars not to study the liberal Arts nor Lawyers to consult the Case and peruse mens Evidences 163. Sergeants Apparitours and Sumners to be restrained from executing their Offices 164. Justices not to examine Causes for preservation of the Peace 166. no man to travel on that day 192. that ringing of more Bells than one that day is not to be justified p. 202. No solemn Feasts to be made on it 206 nor Wedding Dinners 209. with a permission notwithstanding to Lords Knights and Gentlemen he hoped to find good welcome for this dispensation p. 211. all lawful Pleasures and honest Recreations as Shooting Fencing Bowling but Bowling by his leave is no lawful pleasure for all sorts of people which are permitted on other days were on this day to be forborne 202. no man to speak or talk of pleasures p. 272. or any other worldly matter 275. Most Magisterially determined indeed more like a Jewish Rabbin than a Christian Doctor Yet Jewish and Rabbinical though his Doctrin were it carried a fair face and shew of Piety at the least in the opinion of the common people and such who stood not to examine the true grounds thereof but took it up on the appearance such who did judge thereof not by the workmanship of the stuff but the gloss and colour In which it is most strange to see how â—uddenly men were induced not only to give way unto it but without more ado to abett the same till in the end and that in very little time it grew the most bewitching Errour the most popular Deceit that ever had been set on foot in the Church of England And verily I persuade my self
which afterwards in the year 1625. he published to the World with his other Lectures Now in this Speech or Determination he did thus resolve it First that the Sabbath was not instituted in the first Creation of the World nor ever kept by any of the ancient Patriarchs who lived before the Law of Moses therefore no moral and perpetual Precept as the others are Sect. 2. Secondly That the sanctifying of one day in seven is ceremonial only and obliged the Jews not Moral to oblige us Christians to the like Observance Sect. 3. 4. Thirdly That the Lords day is founded only on the Authority of the Church guided therein by the practice of the Apostles not on the fourth Commandment which in the 7. Section he entituleth a seandalous Doctrine nor any other authority in holy Scripture Sect. 6. 7. Fourthly That the Church hath still authority to change the day though such authority be not fit to be put in practice Sect. 7. Fifthly That in the celebration of it there is no such cessation from the works of labour required of us as was exacted of the Jews but that we lawfully may dress Meat proportionable unto every mans estate and do such other things as be no hinderance to the publick Service appointed for the day Sect. 8. Sixthly That on the Lords day all Recreations whatsoever are to be allowed which honestly may refresh the spirits and encrease mutual love and Neighbourhood amongst us and that the Names whereby the Jews did use to call their Festival whereof the Sabbath was the chief were borrowed from an Hebrew word which signifies to Dance and to make merry or rejoyce And lastly that it appertains to the Christian Magistrate to order and appoint what Pastimes on the Lords day are to be permitted and what prohibited not unto every private person much less to every mans rash Zeal as his own words are who out of a schismatical Stoicism debarring men from lawful Pastimes doth incline to Judaisin Sect. 8. This was the sum and substance of his resolution then which as it gave content unto the sounder and the better part of the Assembly so it did infinitely stomack and displease the greater numbers such as were formerly possessed with the other Doctrines though they were wiser than to make it a publick Quarrel Only it pleased Mr. Bifeild of Surrey in his Reply in a Discourse of Mr. Brerewoods of Cresham Colledg Anno 1631. to tax the Doctor as a spreader of wicked Doctrine and much to marvel with himself how either he durst be so hold to say Page 161. or having said it could be suffered to put it forth viz. That to establish the Lords day on the fourth Commandment were to incline too much to Judaism This the said M. Bifeild thinks to be a foul aspertion on this famous Church But in so thinking I conceive that he consulted more his own opinion and his private interest than any publick maintenance of the Churches cause which was not injured by the Doctor but defended rather But to proceed or rather to go back a little About a year before the Doctor thus declared his judgment one Tho. Broad of Gloucestorshire had published something in this kind wherein to speak my mind thereof he rather shewed that he disliked those Sabbath Doctrines than durst disprove them And before either M. Brerewood whom before I named had writ a learned Treatise about the Sabbath on a particular occasion therein mentioned but published it was not till after both Anno 1629. Add here to joyn them altogether that in the Schools at Oxon Anno 1628. it was maintained by Dr. Robinson now Archdeacon of Gloucester viz. Ludos Recreationis gratia in die Dominico non esse prohibitos Divina Lege That Recreations on the Lords day were not at all prohibited by the Word of God As for our neighbour Church of Scotland as they proceeded not at first with that mature deliberation in the reforming of that Church which had been here observed with us so did they run upon a course of Reformation which after was thought fitting to be reformed The Queen was young and absent in the Court of France the Regent was a desolate Widow a Stranger to the Nation and not well obeyed So that the people there possessed by Cnoxe and other of their Teachers took the cause in hand and went that way which came most near unto Geneva where this Cnoxe had lived Among the first things wherewithal they were offended were the Holy days Proceedings at Perth These in their Book of Discipline Anno 1560. they condemned at once particularly the observation of Holy days entituled by the names of Saints the Feasts of Christmas Circumcision Epiphany the Purification and others of the Virgin Mary all which they ranked awongst the abominations of the Roman Religion as having neither Commandment nor assurance in the Word of God But having brought this Book to be subsigned by the Lords of secret Counsel it was first rejected some of them giving it the Title of Devote Imaginations Cnoxe Hist of Scotl. p. 523. whereof Cnoxe complains Yet notwithstanding on they went and at last prevailed for in the middle of the Tumults the Queen Regent died and did not only put down all the Holy days the Lords day excepted but when an uprore had been made in Edenburg about a Robin-hood or a Whitson-Lord they of the Consistory excommunicated the whole multitud Now Proceedings at Perth that the holy days were put down may appear by this That in the year 1566. when the Confession of the Helvetian Churches was proposed unto them they generally approved the same save that they liked not of those Holy days which were there retained But whatsoever they intended and howsoever they had utterly suppressed those days which were entituled by the Names of particular Saints yet they could never so prevail but that the people would retain some memory of the two great and principal Feasts of Christs Nativity and Resurrection For in the year 1575. Complaint was made unto the Regent how in Dunfreis they had conveyed the Reader to the Church with Taber and Whissel to read Prayers all the Holy days of Zule or Christmas Thereupon Anno 1577. it was ordained in an Assembly of the Church That the Visitors should admonish Ministers preaching or ministring the Communion at Pasche or Zule or other like superstitious times under pain of deprivation to desist therefrom Anno 1587. it was complained of to his Majesty That Pasche and Zule were superstitiously observed in Fife and about Dunfreis and in the year 1592. the Act of the Queen Regent granting licence to keep the said two Feasts was by them repealed Yet find we by the Bishop of Brechin in his Discourse of the Proceedings at the Synod of Perth that notwithstanding all the Acts Civil and Ecclesiastick made against the superstitious observation and prophane abuse of Zule day the people could never be induced to labour on
After the miserable fall of Adam August Confes cap. 2. all men which were to be begotten according to the common course of Nature were involved in the guilt of Original sin by which they are obnoxious to the wrath of God and everlasting damnation In which Estate they had remained but that God beholding all mankind in this wretched condition was pleased to make a general conditional Decree of Predestination Appel Eving cap. 4. under the condition of Faith and perseverance and a special absolute Decree of electing those to life whom he foresaw would believe and persevere under the means and aids of Grace Faith and Perseverance and a special absolute Decree of condemning them whom he foresaw to abide impenitent in their sins 2. Of the Merit and Efficacy of Christs Death The Son of God who is the Word assumed our humane Nature in the Womb of the Virgin and being very God and very Man he truly Suffered was Crucified Aug. Confess c. 3. Dead and Buried to reconcile his Father to us and to be the Sacrifice not only for Original sin but also for all the Actual sins of men A great part of St. Pauls Epistle to the Hebrews is spent in the proving of this Point that only the Sacrifice or Oblation made by Christ Id. cap. de Missa procured for others Reconciliation and Remission of sins inculcating that the Levitical Sacrifices were year by year to be reiterated and renewed because they could not take away sins but that satisfaction once for all was made by the Sacrifice of Christ for the sins of all men 3. Of Mans Will in the state of depraved Nature The Will of man retains a freedom in Actions of Civil Justice Ibid. cap. 18. and making Election of such things as are under the same pretension of natural Reason but hath no power without the special Assistance of the Holy Ghost to attain unto spiritual Righteousness according to the saying of the Apostle That the natural man perceiveth not the things which are of the spirit of God And that of Christ our Saviur Without me you can do nothing And therefore the Pelagians are to be condemned who teach that man is able by the meer strength of Nature not only to love God above all things but also to fulfill the Law according to the substance of the Acts thereof 4. Of Conversion and the manner of it The Righteousness which is effected in us by the operation and assistance of the Holy Ghost which we receive by yielding our assent to the Word of God Idem cap. 18. according to that of S. Augustin in the third Book of his Hypognosticks in which he grants a freedom of the Will to all which have the use of Reason not that they are thereby able either to begin or g o through with any thing in the things of God without Gods assistance but only in the Affairs of this present life whether good or evil 5. Of falling after Grace received Remission of sins is not to be denied in such who after Baptism fall into sins Idem cap. 11. at what time soever they were converted and the Church is bound to confer the benefit of Absolution upon all such as return unto it by Repentance And therefore as we condemn the Novatian Hereticks refusing the benefit of Absolution unto those who having after Baptism lashed into sin gave publick Signs of their Repentance so we condemn the Anabaptists who teach that a man once justified can by no means lose the Holy Ghost as also those who think that men man have so great a measure of perfection in this present life that they cannot fall again into sin Such is the Doctrine of the Lutheran Churches agreed on in the famous Augustin Confession so called because presented and avowed at the Diet of Auspurge Augusta Vindelicorum the Latins call it 1530. confirm'd after many struglings on the one side and oppositions on the other by Charles the fifth in a general Assembly of the Estates of the Empire holden at Passaw Anno 1552. and afterwards more fully in another Dyet held at Auspurge Anno 1555. A Confession generally ebtertained not only in the whole Kingdoms of Demnark Norway and Sweden but also in the Dukedom of Prussia and some parts of Poland and all the Protestant Churches of the High Germany neither the rigid Lutherans nor the Calvinians themselves being otherwise tolerated in the Empire than as they shrowd themselves under the Patronage and shelter of this Confession For besides the first breach betwixt Luther and Zuinglius which hapned at the beginning of the Reformation there afterwards grew a subdivision betwixt the Lutherans themselves occasioned by Flacius Illyricus and his Associates who having separated themselves from Melancthon and the rest of the Divines of Wittenberge and made themselves the Head of the rigid Lutherans did gladly entertain those Doctrines in which they were sure to find as good assistance as the Dominicans and their party could afford unto them The wisdom and success of which Council being observed by those of the Zuinglian or Calvinian Faction they gladly put in for a share being not meanly well approved that though their Doctrines were condemned by the Council of Trent yet they found countenance especially in the Sublapsarian way not only from the whole Sect of the Dominicans but the rigid Lutherans And that the Scales might be kept even between the Parties there started out another Faction amongst the Calvinists themselves who symbolized with the Melanctbonians or moderate Lutherans as they did with the Jesuit and Franciscan Fryers For the abetting of which their Quarrel this last side calling to their ayd all the Ancient Fathers both Greek and Latine who lived before the time of S. Augustine the others relying wholly on his single judgment not always constant to himself nor very well seconded by Prosper nor any other of great Note in the times succeeding Finally that Catarinus may not go alone in his middle way I will follow him with one of his own Order for he was afterwards made Bishop of Minori in Italy that is to say the right learned Doctor Overal publick Professor of Divinity in Cambridge Dean of S. Pauls and successively Bishop of Lichfield and Norwhich whose judgment in a middle way and though not the same that Catarinus went the Reader may find in Mr. Playferts notable Picce intituled Apello Evangelium to which I refer him at the present as being not within the compass of my present design which caries me to such difputes as have been raised between the Calvinians and their Opposites in these parts of the world since the conclusion and determination of the Council of Trent And for the better carrying on of my design I must go back again to Calvin whom I left under a suspition of making God to be the Author of sin from which though many have taken much pains none more than industrious Doctor Field to absolve and
not only a strong interruption for the present to the proceeding of the Church but an occasion also of great discord and dissention in it for the time to come For many of our Divines who had fled beyond the Sea of avoid the hurry of her Reign though otherwise men of good abilities in most parts of Learning returned so altered in their principals as to points of Doctrine so disaffected to the Government Forms of worship here by Law established that they seem'd not to be the same men at their coming home as they had been at their going hence yet such was the necessity which the Church was under of filling up the vacant places and preferments which had been made void either by the voluntary discession or positive deprivation of the Popish Cleergy that they wer fain to take in all of any condition which were able to do the publick service without relation to their private opinions in doctrine or discipline nothing so much regarded in the chice of men for Bishopricks Deanries Dignities in Cathedral Churches the richest Benefices in the Countrey and places of most command and trust in the Universities as their known zeal against the Papists together with such a sufficiency of learning as might enable them for writing and preaching against the Popes Supremacy the carnal presence of Christ in the blessed Sacrament the superstitions of the Mass the half Communion the celebrating of Divine service in a tongue not known unto the People the inforced single life of Priests the worshipping of Images and other the like points of Popery which had given most offence and were the principal causes of that separation On this account we find Mr. Pilkington preferred to the See of Durham and Whittingham to the rich Deanry of the Church of which the one proved a grear favourer of the Non-conformists as is confessed by one who challengeth a relation to his blood and family the other associated himself with Goodman as after Goodman did with Knox for lanting Puritanism and sedition in the Kirk of Scotland On this account Dr. Lawrence Humphrey a professed Calvinian in point of doctrine and a Non-conformist but qualified with the title of a moderate one is made the Queens Professor for Divinity in the University of Oxon Thomas Cartwright that great Incendiary of this Church preferred to be the Lady Margarets Professor in the University of Cambridge Sampson made Dean of Christ-church and presently propter Puritanismum Exacutoratus Godw. in Catal Episc Oxon. turned out again for Puritanism as my Author hath it Hardiman made one of the first Prebends of Westminister of the Queens foundation and not long after deprived of it by the high Commissioners for breaking down the Altar there and defacing the ancient utepsils and ornaments which belonged to the Church And finally upon this account as Whitehead who had been Chaplain to Queen Anne Bullain refused the Archbishoprick of Canterbury before it was offered unto Parker and Coverdale to be restored to the See of Exon which he had chearfully accepted in the time of K. Edward so Mr. John Fox of great esteem for his painful and laborious work of Acts and Monuments commonly called the Book of Martyrs would not accept of any preferment in the Church but a Prebends place in Salisbury which tied him not to any residence in the same And this he did especially as it after proved to avoid subscription shewing a greater willingness to leave his place than to subscribe unto the Articles of Religion then by Law established when he was legally required to do it by Arch-bishop Parker Of this man there remains a short discourse in his Acts and Monuments of Predestination occasioned by a Letter of Mr. Bradfords before remembred whose Orthodox doctrine in that point he feared might create some danger unto that of Calvin which then began to find a more general entertainment than could be rationally expected in so short a time And therefore as a counter-ballance he annexeth this discourse of his own with this following title viz. Notes on the same Epistle and the manner of Election thereunto appertaining As touching the Doctrine of Election whereof this Letter of Mr. Bradford and many other of his Letters more do much intreat three things must be considered Fox in Acts and Mon. fol. 1505. 1. What Gods Election is and what the cause thereof 2. How Gods Election proceedeth in working our salvation 3. To whom Gods Election pertaineth and how a Man may be certain thereof Between Predestination and Election this difference there is Predestination is as well to the Reprobate as to the Elect Election pertaineth only to them that be saved Predestination in that it respecteth the Rebate is called Reprobation in that it respected the saved is called Election and is thus defined Predestination is the eternal decreement of God purposed before in himself what shall befal all men either to salvation or damnation Election is the free mercy and grace of God in his own will through faith in Christ his Son choosing and preferring to life such as pleaseth him In this definition of Election first goeth before the mercy and grace of God as the causes thereof whereby are excluded all works of the Law and merits of deserving whether they go before faith or come after so was Jacob chosen and Esau refused before either of them began to work c. Secondly in that the mercy of God in this Definition is said to be free thereby is to be noted the proceeding and working of God not to be bound to any ordinary place or to any succession of choice nor to state and dignity of person nor to worthiness of blood c. but all goeth by the meer will of his own purpose as it is written spiritus ubi vult spirat c. And thus was the outward race and stock of Abraham after flesh refused which seemed to have the preheminence and another seed after the Spirit raised by Abraham of the stones that is of the Gentiles So was the outward Temple of Jerusalem and Chair of Moses which seem'd to be of price forsaken and Gods Chair advanced in other Nations So was tall Saul refused and little David accepted the Rich the Proud and the Wise of this world rejected and the word of salvation daily opened to the poor and miserable abjects the high Mountains cast under and the low valleys exalted c. And in the next place it is added in his own will by this falleth down the free will and purpose of man with all his actions counsels and strength of nature according as it is written non est volentis neque currentis sed miserentis Dei c. It is not him that willeth nor in him that runneth but in God that sheweth mercy So we see how Israel ran long and yet got nothing The Gentile runneth began to set out late and yet got the game So they which came at the first which did labour more
populares magistratus ad moderandum Regum libidinem constituti quales olim erant qui Lacedaemoniis Regibus oppositi erant Ephori aut Romanis Consulibus Tribuni Plebis aut Atheniensium Senatui Demarchi qua etiam foric potestate ut nune res habent funguntur in singulis Regnis tres Ordâ—nes quunt primarios conventus peragunt adeo illos ferocienti Reguin licentiae pro officio intercedere non veto ut si Regibus impotenter grassanttbus humili plebeculae insultantibus conniveant eorum dissimulationem nefariâ perfidiâ non carere affirmem quia populi libertatem cujus se Dei Ordinatione tutores positos norunt fraudulenter produnt But still I must be understood of private persons For if there be now any Popular Officers ordained to moderate the licentiousness of Kings such as the Ephori of old set up against the Kings of Sparta the Tribunes of the people against the Roman Consuls and the Demarchi against the Athenian Senate and with which power perhaps as the World now goes the three Estates are furnished in each several Kingdom when they are solenmly assembled sofar am I from hindering them from putting a restraint on the exorbitant power of Kings as their Office binds them that I conceive them guilty rather of a persidious dissimulation if they connive at Kings when they play the Tyrants or wantonly insult on the common people in that they treacherously betray the Subjects Liberty of which they know they were made Guardians by Gods own Ordinance and appointment But this must always be excepted in the obedience which we have determined to be que to the commands of our Governors and first of all to be observed that it draw us not from that obedience which is due to him to whose will all the commands of Kings must be subordinate to whose decrees their strongest mandates must give place and before whose Majesty they are bound to lay down their Scepters For how preposterous were it to incur his anger by our compliance with those men whom we are bound no otherwise to obey than for his sake only The Lord is King of Kings who when he speaks is to be heard for all and above them all We must be subject to those men who have rule over us but in him alone If against him they do command us any thing it is to be of none account Nor in such cases is the dignity of the Magistrate to be stood upon to which no injury is done if in regard of the more eminent and supream power of God it be restrained within its bounds Dan. 6.22 In this respect Daniel denied that he had trespassed any thing against the King in not obeying his prophane and ungodly Edict because the King had gone beyond his proper limits and being not only injurious against men but lifting up his horns against God himself had first deprived himself of all Authority The Israelites are condemned on the other side for being so ready to obey their King in a wicked action when to ingratiate themselves with Jeroboam who had newly made the Golden Calves they left the Temple of the Lord and betook themselves to a new superstitious worship And when their Children and posterity with the like facility applied themselves unto the humours of their wicked Kings the Prophet doth severely rebuke them for it So little praise doth that pretence of modeâ—ly deserve to have with which some Court parasites do disguise themselves and abuse the simple affirming it to be a crime not to yield obedience to any thing that Kings command as if God either had resigned all his rights and interess into the hands of mortal men when he made them Rulers over others or that the greatest earthly power were a jot diminished by being subjected to its Author before whom all the powers of Heaven do trembling supplicate I know that great and imminent danger may befall those men who dare give entertainment to so brave a constancy considering with what indignation Kings do take the matter when they once see themselves neglected whose indignation is as the messenger of death saith the Wise man Solomon But when we hear this Proclamation made by the heavenly Cryer that we ought to obey God rather than men let this consideration be a comfort to us Acts 5.29 that when we yield that obedience unto God which he looks for from us when we rather choose to suffer any thing than to deviate from the way of godliness And lest our hearts should fail us in so great a business St. Paul subjoyns another motive 2 Cor. 7 2â— that being bought by Christ at so great a price we should not re-inthral our selves to the lusts of men much less addict our selves to the works of wickedness These are the very words of Calvin from which his followers and Disciples most extreamly differ both in their doctrine and their practice First for their practice Calvin requires that we should reverence and respect the Magistrate for his Office sake and that we entertain no other than a fair esteem an honourable opinion both of their actions Sect. 2â— and their Counsels His followers like silthy dreamers as they are do not only dispise dominion but speak evil of dignities that is to say Jude 8. they neither reverence the persons of their Supream Magistrate nor regard their Office and are so far from cherishing a good opinion of those higher powers to which the Lord hath made them subject that their hearts imagine mischief against them all the day long and though they see no cause to condemn their actions they will be sure enough to misconstrue the end Calvin requires that we should manifest the reverence and respect we bear them by the outward actions of obedience Sect. 23. and to the end that this obedience should proceed from the very heart and not to be counterfeit and false he adds that we commend there health and flourishing estate in our prayers to God Ibid. His followers study nothing more than to disobey them in every one of those particulars which their Master speaks of refusing to obey their laws and to pay them tribute and to undergo such services and burdens as are laid upon them in reference to the publick safety and spare not as occasion serves to manifest the disaffection of their hearts by such outward acts as disâ—bedience and disloyalty can suggest unto them and are so far from praying for them that many times they pray against them blaspheming God because he will not curse the King and making that which they call Prayer so dangerous and lewd a Libel that their very prayers are turned to sin Calvin requires such moderation in the Subject that they neither intermeddle in affairs of State nor invade the Office of the Magistrate and that if any thing be amiss in the publick Government which stands in need of Reformation they presume not to put their hands unto the work
c. The King is the Head Modus tenendi Parl. Ms. c. 12. the beginning and end of the Parliament and so he hath not any equal in the first degree the second is of Arch-bishop Bishops and Priors and Abbots holding by Barony the third is of Procurators of the Clergy the fourth of Earls Barons and other Nobles the fifth is of Knights of the Shire the sixth of Citizens and Burgesses and so the whole Parliament is made up of these six degrees But the said Modus tells us more and goeth more particularly to work than so For in the ninth Chapter speaking of the course which was observ'd in canvassing hard and difficult matters it telleth us that they used to choose 25 out of all degrees like a grand Committee to whose consideration they referred the point that is to say two Bishops and three Proctors for the Cleergy two Earls three Barons fire Knights five Citizens and as many Burgesses And in the 12th that on the fourth day of the Parliament the Lord High Steward the Lord Constable and the Lord Marshal were to call the House every degree or rank of men in its several Order and that if any of the Proctors of the Clergy did not make appearance the Bishop of the Diocess was to be fined 100 l. and in the 23d Chapter it is said expresly that as the Knights Citizens and Burgesses in things which do concern the Commons have more Authority than all the Lords so the Proctors for the Clergy in things which do concern the Clergy have more Authority than all the Bishops Preface to the 9th part of Reports Which Modus if it be as antient as the Norman Conqueror as both Sir Edward Coke conceiveth and the title signifieth it sheweth the Clergies claim to a place in Parliament to be more antient than the Commons can pretend unto but if no older than the Reign of King Edward III. as confidently is affirmed in the Titles of Honour Titles of hon pt 2. c. 5. it sheweth that in the usage of those latter times the Procurators of the Clergy had a right and place there as well as Citizens and Burgesses or the Knights of the Shires And this is further proved by the Writs of Summons directed to the Arch-bishops and Bishops for their own coming to the Parliament in the end whereof there is a clause for warning the Dean and Chapter of their Cathedrals and the Arch-deacons with the whole Clergy to be present at it that is to say the Deans and Arch-deacons personally the Chapter and Clergy in their Proctours then and there to consent to such Acts and Ordinances as shall be made by the Common Council of the Kingdom The whole clause word for word is this Praemunientes Priorem Capitulum or decanum Capitulum Extant ibid. pt 2. c. 5. as the case might vary Ecclesiae vestrae N. ac Archidiacanos totumque Clerum vestrae Dioceseos quod iidem Decanus Archidiaconi in propriis personis suis ac dictum Capitulum per unum idemque Clerus per duos Procuratores idoneos plenam sufficientem potestatem ab ipsis Capitulo Clero habentes praedicto die loco personaliter intersint ad consentiendum iis quae tunc ibidem de communi consilio ipsius Regni nostri divina favente clementia contigerit ordinari Which clause being in the Writs of King Edward I. and for the most part of the Reign of his next Successors till the middle of King Richard the second at which time it began to be fixt and formal hath still continued in those Writs without any difference almost between the Syllables to this very day Id. ibid. Now that this clause was more than Verbal and that the Proctors of the Clergy did attend in Parliament is evident by the Acts and Statutes of King Richard the second the passages whereof I shall cite at large the better to conclude what I have in hand The Duke of Glocester and the Earl of Arundel having gotten the mastery of the King obtained a Commission directed to themselves and others of their nomination Statut. 21 R. 2. c. 2. to have the rule of the King and his Realm and having their Commission confirmed by Parliament in the 11. year of his reign did execute divers of his Friends and Ministers and seized on their Estates as forfeited But having gotten the better of his head-strong and rebellious Lords in the one and twentieth of his reign he calls a Parliament in the Acts whereof it is declared That on the Petition of the Commons of the assent of all the Lords Spiritual and Temporal and of the Proctors of the Clergy Ibid. c. 2. he repealed the said Statute and Commission and with the assent of the said Lords and Commons did ordain and establish that no such Commission nor the like be henceforth purchased pursued or made This done the Heirs of such as had been condemned by vertue of the said Commision demanded restitution of their Lands and Honours And thereupon the Lords Spiritual and Temporal and the Procurators of the Clergy the Commons having prayed to the King before as the Appellants prayed severally examined did assent expresly that the said Parliament and all the Statutes Ibid. c. 12. c. and restitution made as afore is said And also the Lords Spiritual and Temporal the Procurators of the Clergy and the said Commons were severally examined of the Questions proposed at Nottingham and of the Answer which the Judges made unto the same which being read as well before the King and the Lords as before the Commons it was demanded of all the States of the Parliament what they thought of the Answers and they said that they were lawfully and duly made c. And then it followeth whereupon the King by the assent of the Lords Spiritual and Temporal and the Procurators of the Clergy and the said Commons and by the advice of the Justices and Sergeants aforesaid who had been asked their Opinion in point of Law ordained and established that the said Parliament should be annulled and held for none Add unto this that passage in the 9 of Edward 2. where it is said that many Articles containing divers grievances committed against the Church of England the Prelates and Clergy were propounded by the Prelates and Clerks of our Realm in Parliament and great instance made that convenient remedy might be appointed therein Proem ad articalos Cleri that of the complaints made to the King in Parliament by the Prelates and Clergy of this Realm 50 Ed. 3.5 8 Rich. 2. c. 13. and that of the Petition delivered to the King in the Parliament by the Clergy of England Selden hist of Tithes c. 8.33 4 Hen. 4. c. 2. And finally that memorable passage in the Parliament 51 Edw. 3. which in brief was this The Commons finding themselves agrieved as well with certain Constitutions made by the Clergy in
their Synods as with some Laws or Ordinances which were lately passed more to the advantage of the Clergy than the common people put in a Bill to this effect viz. That no Act nor Ordinance should from thenceforth be made or granted on the petition of the said Clergy without the consent of the Commons and that the said Commons should not be bound in times to come by any constitutions made by the Clergy of this Realm for their own advantage to which the Commons of this Realm had not given consent The reason of the which is this and 't is worth the marking car eux ne veullent estre obligez a nul de vos estatuz ne Ordinances faitz sanz leur assent because the said Clergy did not think themselves bound as indeed they were not in those times by any Statute Act or Ordinance made without their Assent in the Court of Parliament Which clearly shews that in those times the Clergy had their place in Parliament as the Commons had Put all which hath been said together and tell me if it be not clear and evident that the inferiour Clergy had their place in Parliament whether the clause touching the calling of them thither were not more than verbal in the Bishops Writs and is true that in the Writ of summons directed to their several and respective Bishops they were called only ad consentiendum to manifest their consent to those Acts and Ordinances which by the Common-council of the Realm were to be ordained But then it is as true withal that sometimes their advice was asked in the weighty matters as in the 21 of King Richard the 2. and sometimes they petitioned and remonstrated for redress of grievances as in the instances and cases which were last produced And 't is as true that if they had been present only ad consentiendum to testifie their assent to those Acts which by the Common-council of the Realm were proposed unto them their presence was as necessary and their Voice as requisite to all intents and purposes for ought I can see as the Voice and presence of the Commons in the times we speak of For in the Writs of summons issued to the several Sheriffs for the electing of Knights Citizens and Burgesses to attend the Parliament it is said expresly first that the King resolveth upon weighty motives touching the weal and safety both of Church and State to hold his Parliament Forma Brevis pro summonit Parliamenti ibidem cum Praelatis Magnatibus Proceribus dicti regni nostri colloquium habere tractare then and there to advise and treat with the Prelates Peers and Nobles of this Realm Which words are also expresly used in the Writs of summons directed to the Bishops Titles of Hon. part 2. cap. 5. and to every of them who also are required in a further clause consilium suum impendere to give the King their best advice in his great affairs So that the Prelates and Nobility convened in Parliament made the Kings great Council and were called thither to that end What then belonged unto the Commons 1. No more than did belong to the Clergy also that is to say the giving of their consent to such Laws and Statutes as should there be made Which notwithstanding in Tract of time gave them such a sway and stroke in the course of Parliaments that no Law could be made nor no Tax imposed without their liking and allowance And this is that which is expressed in the last clause of the said Writ by which the Knights and Burgesses are to come prepared ad faciendum consentiendum iis quae tunc ibidem de consilio dicti Regni nostri super negotiis antedictis contigerint ordinari Forma Brevis c. Which is the very same which you had before in the Writ directed to the Bishops for summoning the Clergy of their several Diocesses and that here is a faciendum which the other had not A word which if you mark it well hath no operation in the construction of the Text except it be in paying Subsidies or doing such things as are appointed to be done by that great Council of the Kingdom Which clause though it be cunningly left out that I may say no worse in the recital of the Writ by the Author of the Book entituled The Prerogative and practice of Parliaments is most ingenuously acknowledged in the Declaration of the Lords and Commons assembled at Oxon Declaration of the Treaty p. 15. where it is said That the Writs of summons the foundation of all power in Parliament are directed to the Lords in express terms to treat and advise with the King and the rest of the Peers of the Kingdom of England and to the Commons to do and consent to those things which by that Common-council of England should be ordained And thus it stands as with the common people generally in most states of Christendom so with the Commons anciently in most states of Greece of which Plutarch telleth us Plutarch in Lâ—curgo That when the people were assembled in Council it was not lawful for any of them to put forth matters to the Council to be determined neither might any of them deliver his Opinion what he thought of any thing but the people had only authority 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to give their assent unto such things as either the Senators or their Kings do propound unto them But against this it is objected first that it is not to be found at what time the Clergy lost their place and Vote in Parliament and therefore it may reasonably be presumed that they had never any there and 2dly that if they had been called ad consentiendum though no more than so we should have found more frequent mention of their consent unto the Acts and Statutes in our printed Books For answer unto which it may first be said that to suppose the Clergy had no Voice in Parliament because it is not to be found when they lost that priviledg is such a kind of Argument if it be an argument as is made by Bellarmine Bellarm. de Eccl. lib 4. c. 5. to prove that many of the controverted Tenets of the Church of Rome are neither erroneous nor new because we cannot say expresly quo tempore quo autore when and by whose promoting they first crept in And though we cannot say expresly when the inferiour Clergy lost their place in Parliament in regard it might be lost by discontinuance or non-usage or that the clause was pretermitted for some space of time the better to disuse them from it or that they might neglect the service in regard of their attendance in the Convocation which gave them power and reputation both with the common people yet I have reason to believe that this pretermission and disuse did chiefly happen under the Government of the Kings of the House of Lancaster who being the true Heirs and
Successors of John of Gaunt cast many a longing eye on the Church revenues and hardly were persuaded to abstain from that height of sacriledg which Henry the 8. did after come to And this I am induced to believe the rather in regard that in the confirmation of the Churches rights so solemnly confirmed and ratified in all former Parliaments there was a clog put to or added in these times which shaked the Fabrick the confirmation being first of such rights and liberties as were not repealed 3 Hen. 5. cap. 1. 4 Hen. 5. cap. 1. and afterwards of such as by the Common Law were not repealable 2 Hen. 6. cap. 1. which might go very far indeed And secondly I find that in the 8. of Henry the 6. an Act of Parliament was passed that all the Clergy called to Convocation by the Kings Writ and their servants and Family shall for ever hereafter fully use and enjoy such liberty and defence in coming tarrying and returning as the great men and Commonalty of the Realm of England called to the Kings Parliament do enjoy 8 Hen. 6. cap. 1. c. Which being an unnecessary care or caution when the Clergy had their Voice in Parliament and very necessary to be taken formerly if they had never had such Voice makes me conceive that it was much about this time that they lost that priviledg But this I leave as a conjecture and no more than so For answer to the second Argument that if they had been called of old ad consentiendum we should have found more frequent mention of their consent unto the Acts and Statutes of the former times besides that it is a Negative proof and so non concludent it strikes as much against the presence and consent of the Knights and Burgesses in the elder Parliaments as it can do against the Clergy For in the elder Parliaments under King Henry 3. and K. Edward the first there is no mention of the Commons made at all either as preent or consenting nor much almost in all the Parliaments till King Henry 7. but that they did petition for redress of grievance and that upon their special instance and request several Laws were made for the behoof and benefit of the Common-wealth In the Proem to the severall Sessions which part the Clergy also acted in some former Parliaments as before was shewed So that this negative Argument must conclude against both or neither But secondly I answer that in these elder times in which the Proctors for the Clergy had their place in Parliament they are included generally in the name of the Commons And this I say on the Authority of the old modus tenendi Parliamentum in which the Commons are divided in the Spiritualty and the Temporalty and where it is expresly said that the Proctors for the Clergy the Knights the Citizens and the Burgesses did represent the whole commonalty of the Realm of England Cap. ult And this holds good in Law for ought I find unto the contrary to this very day Certain I am that Crompton in his book of the Jurisdiction of Courts where he speaks of Parliaments doth tell us that the Knights Citizens Burgesses and Barons of the Cinque-ports ove le Clergie qu' eux assemble au Pawles Crompton Jurisd des Courts Car. represent le corps de tout le Comminalty Dengliterre together with the Clergy which assembled at S. Pauls do represent the body of the whole Commonalty of England So then the Clergy were not only called but were present also according to that clause in the Writ of Summons which before I spake of directed to their several and respective Bishops as the Kings spiritual Sheriffs if I may so say enabled by the Laws to that end and purpose Which some endeavouring to avoid have at last found out that the clause before recited out of the Writ to the Bishops is not a calling of the Clergy to attend in Parliament but to command them to attend in the Convocation which I have heard much pressed by those who pretend unto some knowledg in the course of things Which though it be a gross mistake and inconsistent with the words and circumstances of the Writ it self which relates meerly to the Parliament and business of a Parliamentarie nature yet for the clearing of the point and undeceiving such as have been deceived they may please to know thta besides this Writ by which the Clergy are commanded to appear in Parliament there is another Writ and another Form of calling them unto the service of the Convocation which is briefly this The King sends out his Writ or Mandat to the Arch-bishop of Canterbury requiring him super quibusdam arduis urgentibus negotiis Regist Warham c. for divers great and weighty reasons cocnerning the Kings Honour the Churches safety and the publick peace of his Dominions to summon all the Bishops Deans and Chapters Arch-deacons and the whole Clergy of his Province to meet in Convocation at a day and place appointed On the reception of which Writ thge Arch-bishop sendeth out his Monitory to the Bishop of London who by his place in Dean of the Episcopal Colledg Antiqu. Britan. in initio and to disperse the Mandates of the Metropolitan requiring him to appear himself in person and to send out his Warrant unto every Bishop of the Province to appear there also and to take order that the Deans of the Cathedrals and Arch-decaons personally the Chapter of one Procurator the Clergy of the Diocese by two whom we usually call Clerks of the Convocation do attend that service Which coming to the hands of each several Bishop the do accordingly give intimation to their Deans and Chapters Regist Warham and to their Arch-deacons and the Clergy and they accordingly prepare themselves to obey the Monitory and to return certificate of their doings in it The like proceeding is observed also for the Province of York So that the calling of the Clergy to the Convocation being by a different Writ and another Form which hath no reference to nor dependance on the Writs directed by the King to each several Bishop for their attendance in the Parliament it must needs be as I conceive it that by that clause remaining in the Writs aforesaid the Clergy have good right and Title to a Voice in Parliament though they have lost their jus in re the benefit the use and possession of it But I speak this as once the Apostle said in another case not by commandment but by permission For I persaude my self the Clergy do not aim so high at the recovery of a right so long antiquated and disused but would be well enough content with the restitution of the Bishops to their Vote in Parliament of which they stood possessed by so strong a Title as the very constitution of the Parliament and the fundamental Laws of the English Government could confer upon them For though the Bishops sat in
negandum as if it were not fit to deny them any thing Calvin in Jerem. c. 38. ver 5. Not so saith he it rather is amarulenta Regis querimonia a sad and bitter complaint of the poor captivated King against his Counsellors by whom he was so over-ruled ut velit nolit cedere iis cogitur that he was forced to yield to them whether he would or not which he expresly calls inexcusabilem arrogantiam an intolerable piece of sawciness in those Princes and an exclusion of the King from his legal Rights Let us next take a view of such Christian Kingdoms as are under the command of absolute Monarchs And first we will begin with the Realm of France the Government whereof is meerly Regal if not despotical such as that of a Master over his Servants which Aristotle defineth to be a Form of Government 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wherein the King may do whatsoever he list Aristot Politic. l. 3. according to the counsel of his own mind For in his Arbitrary Edicts which he sendeth abroad he never mentioneth the cosent of the People or the approbation of the Council or the advice of his Judges which might be thought to derogate too much from his absolute power but concludes all of them in this Regal Form Car tel est nostre plaisir for such is our pleasure And though the Court of Parliament in Paris do use to take upon them to peruse his Edicts View of France by Dallington before they pass abroad for Laws and sometime to demur on his Grants and Patents and to petition him to reverse the same as they see occasion yet their perusal is a matter but of meer formality and their demurs more dilatory than effectual It is the Car tel est nostre plaisir that concludes the business and the Kings pleasure is the Law which that Court is ruled by As for the Assemblie des Estats or Conventus Ordinum it was reputed anciently the Supream Court for Government and Justice of all the Kingdom and had the cognizance of the greatest and most weighty affairs of State But these meetings have been long since discontinued and almost forgotten there being no such Assembly from the time of King Charles the eighth to the beginning of the reign of King Charles the ninth Thuanus hist sui temp which was 70 years and not many since And to say truth they could be but of little use as the World now goeth were the meetings oftner For whereas there are three Principal if not sole occasions of calling this Assembly or Conventus Ordinum that is to say the disposing of the Regency during the nonage or sickness of the King the granting Aids and Subsidies and the redress of the grievances there is now another course taken to dispatch their business The Parliament of Paris which speaks most commonly as it is prompted by power and greatness appointeth the Regent Contin Thuani An. 1610. View of France the Kings themselves together with their Treasurers and Under-Officers determine of the Taxes and they that do complain of Grievances may either have recourse to the Courts of Justice or else petition to the King for redress thereof And for the making new Laws or repealing the old the naturalization of the Alien and the regulating of his Sales or Grants of the Crown-Lands the publick patrimony of the Kingdom which were wont to be the proper Subject and debates of these Grand Assemblies they also have been so disposed of that Conventus Ordinum is neither troubled with them nor called about them The Chamber of Accompts in Paris which hath some resemblance to our Court of Exchequer doth absolutely dispose of Naturalizations Andr. Du Chesn and superficially surveyeth the Kings Grants and Sales which they seldom cross The Kings Car tel est nostre plaisir is the Subjects Law and is as binding as any Act or Ordinance of the three Estates and for repealing of such Laws as upon long experience are conceived to be unprofitable the Kings sole Edict is as powerful as any Act of Parliament Of which Bodinus doth not only say in these general terms Bodin de Rep. lib. 1. cap. 8. Saepe vidimus sine Ordinum convocatione consensu leges à Principe abrogatas that many times these Kings did abrogate some ancient Laws without the calling and consent of the three Estates but saith that it was neither new nor strange that they should so do and gives us some particular instances not only of the later times but the former Ages Nay when the power of this Assemblie des Estats was most great and eminent neither so curtailed nor neglected as it hath been lately yet then they carried themselves with the greatest reverence and respect before their King that could be possibly imagined For in the Assembly held at Tours under Charles the 8. though the King was then no more than 14 years of age and the Authority of that Court so great and awful that it was never at so high an eminence for power and reputation quanta illis temporibus as it was at that time yet when they came before the King Monsieur de Rell being then Speaker for the Commons or the third Estate did in the name of all the rest and with as much humility and reverence as he could devise promise such duty and obedience such a conformity of his will and pleasure such readiness to supply his wants and such alacrity in hearking unto his Commandments that as Bodinus well observes his whole Oration was nothing else quam perpetua voluntatis omnium erga Regem testificatio but a constant testimony and expression of the good affections of the Subject to their Lord and Sovereign Id. ibid. But whatsoever power they had in former times is not now material King Lewis the thirteenth having on good reason of State discharged those Conventions for the time ensuing Instead whereof he instituted an Assembly of another temper and such as should be more obnoxious to his will and pleasure consisting of a certain number of persons out of each Estate but all of his own nomination and appointment which join'd with certain of his Council and principal Officers he caused to be called L' Assembly des Notables assigning to them all the power and privileges which the later Conventions of the three Estates did pretend unto right well assured that men so nominated and intrusted would never use their powers to his detriment and disturbance of his heirs successors But to proceed Bodinus having shewn what dutiful respects the Convention of Estates in France shewed unto their King adds this Note nec aliter Hispanorum conventus habentur that the Assembly of the three Estates in the Realms of Spain carry themselves with the like reverence and submission to their Lord the King Nay major etiam obedientia majus obsequium Regi exhibetur the King of Spain hath more obedience and observance
we that the Majesty of this Kingdom was first originally in the people and by them devolved upon the King by their joynt consent yet having given away that power by their said consent and setled it upon the King by an Act of State confirmed by Oaths and all Solemnities which that Act requires they cannot so retract that grant or make void that gift as to pass a new conveyance of it and settle it upon their Representees in the House of Commons Or if they could yet this would utterly exclude all the Lords from having the least share or portion in this new found Sovereignty in that they represent not the common people but sit there only in their own personal capacities and therefore must submit at last to these new made Sovereigns who carry both the Purse and Sword at their own girdles So then the people cannot give the Sovereignty and if they have no power to give it the Lords and Commons have no claim thereunto de jure See we next therefore how much of this Sovereignty they or their Predecessors rather have enjoyed de facto in peaceable and regular times fit to be drawn into example in the Ages following The chief particulars in which the Sovereignty consists we have seen before and will now see whether that any of them have been exercised and injoyed in peaceable and regular times by both or either of the two Houses of Parliament And first for calling and dissolving Parliaments making of Peers granting of liberty to Towns and Cities to make choice of Burgesses which antiently had no such liberty treating with forein States denouncing War or making Leagues or Peace after War commenced granting safe conduct and protection indenizing of Aliens giving of honours unto eminent and deserving persons Rewarding Pardoning Coyning Printing making of Corporations and dispensing with the Laws in force they are such points which never Parliament did pretend to till these later times wherein every thing almost is lawful I am sure more lawful than to fear God and honour the King Nor do I find that Mr. Prynn hath laboured to entitle them to these particulars For levying of Arms and the command of the Militia besides that the Kings of England have ever been in possession of it and that possession never disturbed or interrupted by any claim of right made in the behalf of the two Houses which is as sure a title as the Law can make the Houses have declared by an Act of Parliament Stat. 7. Ed. 1. Cap. 1. that of right it belongs unto the King streightly to defend that is prohibit all force of Arms and that the Parliament is bound to aid him in that prohibition Touching the Royal Navy and the Ports and Forts the Kings prescription to them is so strong and binding 3. Edw. 3. that in the 3d. of Edward III. the House of Commons did disclaim the having cognisance of such matters as the guarding of the Seas and marches of the Kingdom which certainly they had not done had they pretended any title to the Ports and Navy As for suppressing tumults and providing for the safety of the Kingdom against sudden danger the Law commits it solely to the care of the King 11 Henr. 7. c. 18. obliging every Subject by the duty of his allegeance to aid and assist him at all seasons when need shall require And for their power of declaring Law in the House of Peers wherein they deliver their opinion in the point before them in true propriety of speech they have none at all Case of our Affairs p. 4. And this is that which was affirmed by his Majesty at the end of the Parliament Anno 1628. saying that it belonged only to the Judges under him to interpret Laws and that none of the Houses of Parliament joynt or separate what new Doctrine soever might be raised had any power either to make or declare Law without his consent 3 Car. And if it be done with his consent it is not so properly the declaring and interpreting of an old Law as the making rather of a new saith a learned Gentleman Case of our Affairs p. 5. Others have found out a new way to invest the Parliament with the Robes of Sovereignty not as superior to the King but co-ordinate with him and this say they appears sufficiently in that the two Houses of Parliament have not only a power of consulting but of consenting and that too in the highest office of the Monarchy whereof they are a Co-ordinative part the making of Laws Fuller Answer to D.F. p. 2. Which dangerous doctrine as it was built at first on that former error which makes the King to be one of the three Estates in Parliament so it is super-structed with some necessary consequents whether more treasonable or ridiculous it is hard to say For on these grounds the Author of the Fuller Answers hath presented us with these trim devises Id. pag. 1. viz. that England is not a simple subordinate and absolute but a co-ordinative and mixt Monarchy that this mixt Monarchy is compounded of three co-ordinate Estates a King and two Houses of Parliament that these three make but one supream but that one is a mixt one or else the Monarchy were not mixt and finally which needs must follow from the premises that although every Member of the Houses seorsim taken severally may be called a Subject yet all collective in their Houses are no Subjects Auditum admissi risum teneatis Can any man hear these serious follies and abstain from laughter or think a fellow who pretends both to wit and learning should talk thus of a Monarchy which every one that knoweth any thing in Greek know to imply the supream government of one compounded of three to-ordinate Estates and those co-ordinate Estates consisting of no fewer than 600 persons Or that a man who can pretend but to so much use of reason as to distinguish him from a beast cauld fall on such a senseless dotage as to make the same man at the same time to be a Subject and no Subject a Subject in the Streets and in his private House no Subject when he sits in Haberdashers Hall for advance of moneys or in either of the two Houses of Parliament And yet this senseless doctrine is become so dangerous because so universally admired and hearkened to that the beginning and continuance of our long disturbances may chiefly be ascribed unto this opinion to which they have seduced the poor ignorant people The rather in regard that some who have undertaken the confutation of these brainless follies have most improvidently granted not only that the two Houses of Parliament are in a sort co-ordinate with the King ad aliquid to some Act or exercising of the supream power As in the book called Conscience satisfied that is to the making of Laws but that this co-ordination of the three Estates of which the King is yielded every where for
way of a Petition to the Kings most excellent Majesty in which the Lords and Commons do most humbly pray as their Rights and Liberties that no such things as they complained of might be done hereafter that his Majesty would vouchsafe to declare that the Awards doings and proceedings to the prejudice of his people in any of the premises shall not be drawn hereafter into consequence or example and that he would be pleased to declare his Royal pleasure that in the point aforesaid all his Offieers and Ministers should serve him according to the Laws and Statutes of this Realm To which although the King returned a fair general Answer assuring them that his Subjects should have no cause for the time to come to complain of any wrong or oppressions contrary to their just Rights and Liberties yet this gave little fatisfaction till he came in person and causing the Petition to be distinctly read by the Clerk of the Crown Ibid. returned his Answer in these words Soit droit fait come est desire that is to say let right be done as is desired Which being the very formal words by which the said Petition and every clause and Article therein contained became to be a Law and to have the force of an Act of Parliament and being there is nothing spoken of the concurrent Authority of the Lords and Commons for the enacting of the same may serve instead of many Arguments for the proof of this that the Legislative power as we phrase it now is wholly and solely in the King although restrained in the exercise and use thereof by constant custom Smith de Rep. Angl. unto the counsel and consent of the Lords and Commons Le Roy veult or the King will have it so is the imperative phrase by which the Propositions of the Lords and Commons are made Acts of Parliament And let the Lords and Commons agitate and propound what Laws they please for their ease and benefit as generally all Laws and Statutes are more for the ease and benefit of the Subject than the advantage of the King yet as well now as formerly in the times of the Roman Emperors Quod Principi placuerit legis habet vigorem nothing but that which the King pleaseth to allow of is to pass for Law the Laws not taking their coercive force as judicious Hooker well observeth from the quality of such as devise them but from the Power which giveth them the strength of Laws Pooker Ecclesiast Pol. I shut up this Discourse with this expression and comparison of a late Learned Gentleman viz That as in a Copyhold Estate the Copyholder of a meer Tenant at will comes by custom to gain an Inheritance and so to limit and restrain the will and power of the Lord that he cannot make any determination of the Copyholders Estate otherwise than according to the custom of the Mannour and yet doth not deprive the Lord of his Lordship in the Copyhold nor participate with him in it neither yet devest the Fee and Franktenement out of the Lord Case of our Affairs p. 6. but that they still remain in him and are ever parcel of his Demesn so in the restraining of the Kings Legislative power to the concurrence of the Peers and Commons though the custom of the Kingdom hath so fixed and setled the restraint as that the King cannot in that point use his Sovereign power without the concurrence of the Peers and Commons according to the custom of the Kingdom yet still the Sovereignty and with it the inseparable Legislative power doth reside solely in the King If any hereupon demand to what end serve Parliaments and what benefit can redound to the Subject by them I say in the Apostles words much every way Rom. 3.2 Many vexations oftentimes do befall the Subjects without the knowledg of the King and against his will to which his Ears are open in a time of Parliament The King at other times useth the Eyes and Ears of such as have place about him who may perhaps be guilty of the wrongs which are done the people but in a Parliament he seeth with his own Eyes and heareth with his own Ears and so is in a better way to redress the mischief than he could be otherwise Nor do the people by the opportunity of these Parliamentary meetings obtain upon their Prayers and Petitions a redress of grievances only but many times the King is overcome by their importunity to abate so much of his Power to grant such points and pass such Laws and Statutes for their ease and benefit as otherwise he would not yield to For certainly it is as true in making our approaches and Petitions to our Lord the King as in the pouring out of our Prayers and supplications to the Lord our God the more multitudinous and united the Petitioners are the more like to speed And therefore said Bodinus truly Principem plaeraque universis concedere quae singulis denegarentur Bodin de Rep. l. 1. c. 8. that Kings do many times grant those favours to the whole body of their people which would be absolutely denied or not so readily yielded to particular persons There are moreover many things of greater concernment besides the abrogating of old Laws and making new which having been formerly recommended by the Kings of England to the care and counsel of their people convened in Parliament are not now regularly dispatched but in such Conventions as are altering the Tenure of Lands confirming the Rights Titles and possessions of private men naturalizing Aliens legitimating Bastards adding sometimes the secular Authority to such points of Doctrine and Forms of Worship as the Clergy have agreed upon in their Convocations if it be required changing the publick weights and measures throughout the Kingdom defining of such doubtful cases as are not easily resolved in the Courts of Law raising of Subsidies and Taxes attainting such as either are too potent to be caught or too hard to be found and so not triable in the ordinary Courts of Justice restoring to their Bloud and Honours such or the Heirs of such as have been formerly attainted granting of free and general Pardons with divers others of this nature In all and each of these the Lords and Commons do co-operate to the publick good Sir Tho. Smith de Rep. Angl. Cambden in Brit. Crompt of Courts c. in the way of means and preparation but their co operation would be lost and fruitless did not the King by his Concomitant or subsequent grace produce their good intentions into perfect Acts and being Acts either of special Grace and Favour or else of ordinary Right and Justice no way derogatory to the Prerogative Royal are usually confirmed by the Royal assent without stop or hesitancy But then some other things there are of great importance and advantage to the Common-wealth in which the Houses usually do proceed even to final sentence the Commons in the way of