in Publick throughout the whole Kingdom and they are not a little punished that neglect it and whatsoever Message Answer Declaration or Proclamation cometh from the King to inform his Subjects of the Truth of things and to undeceive his much seduced people they streightly forbid those to be Printed and imprison if they can catch them all that publish them as they did many worthy Ministers in the City of London and in many other places of this Kingdom 6. They have publickly voted in their House 6. Wrong and accordingly indeavoured by Messages to perswade our brethren of Scotland to joyn in their assistance with these grand Rebels to rebel against their Soveraign but I perswade my self as I said before that the Nobility and Gentry of Scotland are more Religious in themselves more Loyal to their liege Lord and indeed wiser in all their actions then while they may live quietly at home in a happy peace to undertake upon the perswasions of Rebellious Subjects such an unhappy war abroad 7. It is remonstrated and related publickly that 7. Wrong as if they had shaken off all subjection and were become already a State Independent they have Treated by their agents with forraign States and do still proceed in that course which if true is such an usurpation upon Soveraignty as was never before attempted in this Kingdom and such a Presumption as few men know the secret mischiefs that may lurk therein 8. They suffer and licence their Pamphleters Pryn Goodwin Burges 8. Wrong Marshal Sedgwick and other emissaries of wickedness to publish such Treasons and Blasphemies and abominable Aphorisms As that the negative vote of the King is no more then the dissent of one man the Affirmative vote of the King makes not a Law ergo the Negative cannot destroy it and the like absurd and sensless things that are in those Aphorisms and in Prins book of the Soveraign power of Parliament whereby they would deny the Kings power to hinder any Act that both the Houses shall conclude and so taking away those just prerogatives from him that are as Hereditary to him as his Kingdom compell him to assent to their conclusions for which things our Histories tell us that other Parliaments have banished and upon their returns they were hanged both the Spencers the Father and the Son for the like presumption Why the two Spencers died as among other Articles Per asperte vid. Elismere post-nati p. 99. for denying this Prerogative unto their King and affirming that if he neglected his duty and would not do what he ought for the good of the Kingdom he might be compelled by force to perform it which very thing divesteth the King of all Soveraignty overthroweth Monarchy and maketh our government a meer Aristocracy contrary to the constitution of our first Kings and the judgment of all ages for we know full well Pag. 48. from the Practise of all former Parliaments that seeing the three States are subordinate unto the King in making Laws wherein the chiefest power consisteth they may propound and consent but it is still in the Kings power to refuse or ratify and I never read that any Parliament man till now did ever say the contrary but that if there be no concurrence of the King in whom formally the power of making of any Law resideth ut in subjecto to make the Law the two Houses whose consent is but a requisite condition to compleat the Kings power are but a liveless convention like two Cyphers without a figure that of themselves are of no value or power but joyned unto their figures have the full strength of their places which is confirmed by the Viewer of the Observations out of 11. Pag. 19 20 21. Hen. 7.23 per Davers Polydore 185. Cowel inter verbo Praerog Sir Thomas Smyth de republ Angl. l. 2. c. 3. Bodin l. 1. c. 8. For if the Kings consent were not necessary for the perfecting of every Act The Letter to a Gentleman in Gloucestershire p. 3. then certainly as another saith all those Bils that heretofore have passed both Houses and for want of the Royal assent have slept and been buried all this while would now rise up as so many Laws and Statutes and would make as great confusion as these new orders and ordinances have done And as the Lawyers tell us that the necessity of the assent of all three States in Parliament is such as without any one of them the rest do but lose their labour Lamberts Archeion 271. Vid. the Viewer p. 21. so Le Roy est assentus ceo faict un Act de Parliament and as another saith Nihil ratum habetur nisi quod Rex comprobarit Nothing is perfected but what the King confirmeth But here in the naming of the three States I must tell you that I find in most of our Writers about this new-born question of the Kings power a very great omission that they are not particularly set down that the whole Kingdom might know which is every one of them and upon this omission I conceive as great mistake in them that say the three States are Which be the three States of England 1. The King 2. The House of Peers 3. The House of Commons For I am informed by no mean Lawyer that you may find it upon the Rowls of Henry the fifth Speed l. 9. c. 19. p. 712. Anno. 1 Ric. 3. as I remember and I am sure you may find it in the first year of Richard the third where the three States are particularly named and the King is none of them For it is said That at the request and by the assent of the three Estates of this Realm that is to say the Lords Spiritual the Lords Temporal and Commons of the Land Assembled it is declared that our said Soveraign Lord the King is the very undoubted King of this Realm Wherein you may plainly see the King that is acknowledged their Soveraign by all three can be none of the three but is the head of all three as the Dean is none of the Chapter but is Caput capituli and as in France and Spain so in England I conceive the three Estates to be 1. The Lords Spiritual that are if not representing yet in loco in the behalf of all the Clergy of England that till these Anabaptistical tares have almost choaked all the Wheat in Gods field were thought so considerable a party as might deserve as well a representation in Parliament as old Sarum or the like Borough of scarce twenty Houses 2. The Lords Temporal in the right of their Honor and their Posterity And to make the World believe how justly and sufficiently legal they could do this they made another Ordinance for the inhabitants of the Counties of Northampton Rutland Derby c. to pay the twentieth part and to be assessed by the Assessors that they name in imitation of the Statute lately made for the four hundred
contrary to the practice of all former Parliaments and contrary to the Honour of any Parliament things were herein debated and carried not by strength of argument but by the most voices and the greater number were so far from understanding the validity of the alleadged Reasons that after the Votes passed they scarce conceived the state of the Question but thought it enough to be Clerks to Master Pym and to say Amen to Master Hampden by an implicite faith 3. When they deny the Members of their House or any other imployed by them in this horrid Rebellion should be questioned for Felony Treason 3. Denying their Members to be legally tried for any capital Crime Vide Dyer p. 59. 60. Crompton 8. b. 9 10 11. Elism post-nati 20 21. The viewer p. 43. Murder or the like capital Crimes but only in Parliament or at least by the leave of that House whereof they are Members or which doth imploy them for by this means any Member of their House may be a Traitor or a Murderer or a Robber whensoever he please and may easily escape before the party wronged or complainant can obtain this leave of the House of Commons and therefore this is as unreasonable and as sensless a Priviledge as ever was challenged and was never heard of till this Parliament For why should any man refuse his Tryal or the House deny their Members to the justice of the Law when as the deniall of them to be tryed by the Law implyeth a doubt in us of the innocency of those whom we will not submit to justice and their Tryal would make them live gloriously hereafter if they were found innocent and move the King to deliver those men that had so wickedly conspired their destruction to the like censure of the Law But for them to cry out The King is mis-informed and we dare not trust our selves upon a Tryal may be a way to preserve their safety but with the losse of their reputation and perhaps the destruction of many thousands of people If they say They are contented to be tried but by their own House which in the time of Parliament is the highest Court of justice It may be answered said a plain Rustick with the old Proverb Ask my fellow if I be a Thief For mine own part I reverence the justice of a Parliament in all other judgements betwixt party and party yea betwixt the King and any other Subject yet when the party accused shall be judged by his own Society his Brethren and his own Faction I believe any indifferent Judge would see this to be too great partiality against the King that he shall not have those whom he accuseth to be tried by the Laws already established and the ordinary course of Justice and if the Judges offend in their Sentence the Parliament hath full power undenied them by his Majesty to question and to punish those Judges as they did for that too palpable in justice as they conceived in the case of the Ship money but they will be judged by themselves and all that dissent from them must be at their mercy or destruction And yet it is said to be evident That no Priviledge can have its ground or commencement unlesse it be by Statute Grant or Prescription And by the Stat. 26. Hen. 8. cap. 13. it is enacted That no offender in any kind of high Treason shall have the priviledge of any manner of Sanctuary So all the Grants of such a priviledge if any such should be made are meerly void 1 Hen. 7. Staffords case and not one Instance could hitherto be produced whereby such a Priviledge was either allowed or claimed but the contrary most clearly proved by his Majesty out of Wentworths case And therefore seeing your own law-Law-books tell us That the Priviledge of Parliament doth not extend to Treason the breach of the Peace and as some think against the Kings debt it is apparent how grossely they do abuse the People by this claim of the Priviledge of Parliament 4. 4. Conniving with their Faction for any fault When they connive with their own compeers for any breach of priviledge as with Master Whitakers for searching Master Hampdens pockets and taking away his papers immediately after the abrupt breaking up of the last unhappy Parliament and those that discovered the names of them that differed in opinion from the rest of the Faction in the business of the Earl of Straffords and specially with that rabble of Brownists and Anabaptists which with unheard-of impudency durst ask that question publickly at the Bar Who they were that opposed the well-affected party in that House as if they meant to be eeven with them whosoever they were And likewise that unruly multitude of zealous Sectaries that were sent as I find it by Captain Ven and Isaac Pennington to cry Justice Justice Justice and No Bishops no Bishops and this to terrifie some of the Lords from the House and to awe the rest that should remain in the House as they had formerly done in the case of the Earl of Strafford and when others that they like not are for the least breach of pretended Priviledge either imprisoned or expelled for I assure my self there cannot be higher breaches of Priviledges than these be nor greater stains to obscure the Honour and vilifie the repute of this Parliament 5. The ingaging one another in civil causes 5. When there is such siding and ingaging one another in civil causes that they may be conglutinated together for their great Design to do things not according unto Justice but for their own ends contrary to all right and their favour is scarce worth the charge of attendance to them that speed best by their Ordinances but the complaint is that m n have the greatest injuries done them in this that themselves call the highest Court of Justice which others say hath now justified all other inferiour Courts and made all unrighteous Judges most just 6. The surreptitious carrying of businesses 6. When as we have been informed a matter of the greatest importance hath been debated and put unto the question and upon the question determined and the Bill once and again rejected yet at another time even the third time when the Faction had prepared the House for their own purpose and knew they could carry it by most voices the same question hath been resumed and determined quite contrary to the former determination when the House was more orderly convened as it is said they did to passe the Ordinance for the Militia which many men dare avouch to their faces to be no Priviledge of Parliament but a great abuse of their fellow-Members and a greater injury unto all their fellow-Subjects 7. Their partiall questioning of some men and no questioning of some others 7. When the elections of some of their Members have been questioned and others have been accused for no lesse than capital Crimes as Master Griffith was yet if these men
fixt on him to be as God hath promised their nursing Father 2. To assure those that would suffer the Church to fall or perhaps sell the same out of a by-respect unto themselves That taking their rise from the fall of the Church or laying the foundation of their houses in the ruine of the Clergy they do but build upon the sands whence they shall fall and their fall shall be great when the successe thereof shalâ— be as the success of the City of Jericho that was built by Hiel who laid the foundation of it in Abiram his first-born and set up the gates thereof in Segub his youngest son and had her destiny described by Joshua and all the Poss ssions that they shall get shall prove Acheldama's fields of blood and we hope God will raise deliverance to his Church from some better men when as they and their Fathers House shall all perish and shall stink in the nostrils of all good men for their perfidiousness in Gods cause But if any man should demand why we suspect any Traytors or false Counsellours to be in Kings Courts I answer because Saint Paul saith Oportet esse hareses and I believe the purest Court hath no more Priviledge to be free from Traytors then the Church from Hereticks And you know there was one of eight in Noahs Ark and another of twelve in Christ his Court and he that was so near him as to dip his hand with him in the dish was the first that flew in his face and yet with a Hayl Master and with a Kiss two fair testimonies of true love Therefore let no King in Christendom think it strange that his Court should have Flatterers Traytors or evil Counsellours let not us be blamed for saying this and let not Pym so foolishly charge our King for evil Counsellours for certainly did he know them I make no question but he would discard them or could I or any other inform his Majesty who they are and that it were an easy matter dicâ—er Hic est we would not be affraid to pull off their veils and to say as Christ did to Judas Thou art the man but their Maeandrian windings their Syrens voyces and their Judas kisses are as a fair mantle to conceal and cover Joabs Treason even perhaps to betray some of the wisest in the Parliament as well as some of them have betrayed the King In such a case all I can say is this Memento diffidere was Epicarmus his Motto The honest plain dealing man that doth things for Religion not for ends is the unlikest man to betray his Master and few Counsellours are not so apt to breed so many Traytors as a multitude It was the indiscretion of Rehoboam that lost him ten parts of twelve to prefer young Counsellours before the ancient †Seldom discretion in youth attendeth great and suddain fortunes In vita Hen 3. and if we may believe that either paupertas or necessitas cogit ad turpia or the fable of the ulcerated Travailer They that are to make their fortunes are apter to sell Church and State and to betray King and Kingdom rather then those that have sufficiently replenished their coffers and inlarged their possessions But I assure my self the mouth of malice cannot deny but that our King hath been as wary and as wise in the choice of his Servants Officers and Counsellors so far as eyes of flesh can see Their design to change the Government of th State shewed in all respects as any Prince in Christendom and more by man cannot be done And for the second that is their Design to change the Government of the State and to work the subversion of the Monarchy he evinceth it Way 1 1. By that Declaration upon the Earl of Straffords suffering that this Example might not be drawn to a President for the future because they thought that themselves intending to do the like and to become guilty of the same Crimes might by virtue of this Declaration be secured from the punishment if things should succeed otherwise then they hoped Way 2. By the pulling down of so many Courts of Justice which may perhaps Relieve the Subjects from some pressures but incourage many more in licentiousness and prove the Prodroms to the ruine of our Monarchy Way 3. By those 19. Propositions whereby the King was in very deed demanded to lay down his Crown The Letter p. 11. and to compound with them for the same because as another saith therein there was presented to him a perfect Platform of a total change of Government by which the Counsellours indeed were to have been Kings and the King in name to have become scarce a Counsellour and nothing of the present State to have remained but the very Names and Titles of our Governours Way 4 4. By that expression so little understood by many men and yet so much talked of in many of their papers of a power of re-assuming the trust which is falsly pretended to be derived unto his Majesty by the meer human pactions and agreement of the Politick body of the people which I shewed unto you to be a most false and a meer invented suggestion Way 5 5. By their pretending to and according to this Doctrine their Vsurping of the power of the Militia both by Sea and Land Way 6 6. By their Actual exercising of this power in disposing of Offices Generals Colonels Captains and the like Places of Command in War and appointing their Speaker Master of the Rowls and other Officers of Peace Way 7 7. By the expression of one of them to Sir Edward Deering while he was yet of their Cabinet-Council that if they could bring down the Lords to the House of Commons and make the King as one of the Lords then the whole work were done that is to make the Government of this Kingdom popular Way 8 8. I may add to these as another unanswerable Argument of this Design the licencing of Master Pryn's Book of The Soveraign Authority of Parliaments and suffering the same to pass unquestioned to this very day because that book devesteth the King of all his Soveraignty and maketh our Government Aristocratical And this subversion of our Monarchical Government was the last Design if not the grand Design of this Faction not that all the Members which have voted all or most of those things that tended to this change or be still remaining in either House did intend any ill either to Church or State for I know many especially my ever honoured Lord the Earl of Pembrook and Montgomery who I dare avouch it in Truth and honesty did ever and as I believe doth still bear a most upright heart and as sincere intentions howsoever perhaps by a mis-understanding his Lordship and the rest of those well meaning men may be mis-guided as were those honest men that followed Absolon both to Gods Service the Kings Honour and the happiness both of Church and Common-Wealth as any man in the
if they do offend he will binde Kings in fetters Rom. 2.11 Psal 149.8 and their Nobles with linkes of iron and we dare not flatter you to give you the least liberty to neglect the strict service of the great God 2. As they are Christian king and that is twofold In the second respect the service of all Christian kings and princes hath as I told you before these two parts 1. To protect the true religion and to govern the Church of Christ 2. To preserve peace and to govern the Common-wealth For 1. To protect the Church Aug. cont lit petil l. 2. Optat. Milivit lib. 3. 1. It is true indeed that the Donatists of old the grand fathers of our new Sectaries were wont to say Quid Imperatori cum Ecclesia What have we to do with the Emperour or what hath the Emperour to do with the Church but to this Optatus answereth that Ille solito furore acceusus in haec verba prorupit Donatus out of his accustomed madness burst forth into these mad termes Prima omnium in republ functionum est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist l. 7. c. 8. Arist Polit. l. 3. c. 10. for it is a duty that lyeth upon all Princes because all both Christians and Pagans ought to be religious as I shewed to you before not onely to be devout but also to be the means to make all their Subjects so far as they can to become devoted to Gods service as the practice of those Heathens that had no other guide of their actions then the light of nature doth make it plain for Aristotle saith that Quâ—â— ad Deorum cultum pertinent commissa sunt regibus magistratibus those things that pertain unto the worship of the Gods are committed to the care of Kings and civil Magistrates and whatsoever their religion was as indeed it was but meere superstition yet because Superstition and Religion hoc habent commune do this in common Vt faciant animos humiles formidine divûm Therefore to make men better the more humble and more dutiful the transgression thereof was deemed worthy to receive punishment among the Pagans and that punishment was appointed by them that had the principal authority to govern the Common-wealth as the Athenian Magistrates condemned Socrates though he was a man wiser then themselves yet as they conceived very faulty for his irreligion and derision of their adored gods The chief Magistrates of the Heathens had the charge of Religion And Tiberius would set up Christ among the Romane gods though the act added no honour unto Christ without the authority and against the will of the Senate to shew that the care of religion belonged unto the Emperour or chief Magistrate and therefore as the Lord commanded the kings of Israel to write a copy of his Law in a booke and to take heed to all the words of that Law for to do them that is not onely as a private person for so every man was not to write it Deut. 17.18 19. but as King to reduce others to the obedience thereof so the examples of the best kings both of Israel and Juda and of the best Christian Emperours do make this plain unto us for Joshua caused all Israel to put away the strange gods that were among them Josh 24.23 The care of the good kings of the Jews to preserve the true religion and to incline their hearts unto the Lord God of Israel Manasses after his return from Babylon tooke away the strange Gods and the Idols out of the house of the Lord and cast them all out of the City and repaired the Altar of the Lord and commanded Juda to serve the Lord God of Israel And what shall I say of David whose whole study was to further the service of God and of Jehosaphat Asa Josias Ezechias and others that were rare patternes for other kings for the well government of Gods Church and in the time of the Gospel Quod non tollit praecepta legis sed perficit which takes not away the rules of nature nor the precepts of the Law but rather establisheth the one and perfecteth the other because Christ came into the world non ut tolleret jura saeculi sed ut deâ—eret peccata mundi not to take away the rights of the Nations but to satisfie for the sins of the World the best Christian Emperours discharged the same duty reformed the Church abolished Idolatry punished Heresy and maintained Piety The care of the good Emperours to preserve the true religion Esay 49.23 especially Constantine and Theodosius that were most pious Princes and of much virtues and became as the Prophet foretold us nursing fathers unto Gods Church for though they are most religious and best in their religion that are religious for conscience sake yet there is a fear from the hand of the Magistrate that is able to restrain those men from many outward evils whom neither conscience nor religion could make honest therefore God committed the principal care of his Church to the Prince and principal Magistrate And this is confirmed and throughly maintained by sundry notable men who defended this truth The Papists unawares confess this truth Osorius de relig p. 21. as Brentius against Asoto Bishop Horne against Fekenham Jewel against Harding and many other learned men that have written against such other Papists and Puritans Anabaptists and Brownists that have taken upon them to impugne it yea many of the Papists themselves at unawares do confess as much for Osorius saith Omne regis officium in religionis sanctissimae rationem conferendum munus ejus est beare rempubl religione pietate all the office of a King is to be conferred or imployed for the regard of the most holy Religion and his whole duty is to bless or make happy the Common-wealth with Religion and piety Quod enim est aliud reipublicae principi munus assignatum quà m ut rempubl florentem atque beatam faciat quod quidem nullo modo sine egregia pietatis religionis sanctitate perficitur For though we confess with Ignatius that no man is equall to the Bishop in causes Ecclesiasticall no not the King himselfe that is in such things as belong to his office Whit. resp Camp p. 302. as Whitaker saith because he onely ought to see to holy things that is the instruction of the people the administration of the Sacraments the use of the keyes of the Kingdom of Heaven and the like The Kings authority over Bishops 1 Chron. 28.13 2 Chron. 29. 1 Reg. 2.26 matters of great weight and exceeding the Kings authority yet Kings are above Bishops in wealth honour power government and majesty and though they may not do any of the Episcopall duties yet they may and ought lawfully to admonish them of their duties and restrain them from evill and command them diligently to execute their office and if they neglect the same they
but a little lesse For which application of Gods glorious name and abusing the holy Scriptures to such abominable transgression of Gods holy Precepts to instigate the subjects to warre against their Soveraign and to involve a whole Kingdom into a detestable distraction I do much admire that they are not apprehended and transferred to the Kings Bench Barre to be there arraigned and condemned to be punished according to their deserts 10. When these Rebels had proceeded thus far 10. Rebellion See the place Jâ—shua 1.16 17 18. then contrary to the loyal obedience which they owed unto their Prince and which the people promise unto Joshua they ascended to the height of that odious rebellion which may not unfitly be called Monstrum horrendum informe ingens cui lumen ademptum and is as Thucydides saith All kind of evill Et qui facit peccatum non facit sed ipse totus est peccatum and therefore Samuel saith that Rebellion is as the sinne of Witchcraft when men do confederate to give their souls unto the Devill for now these Rebels are ready to take arms against Moses and they had reduced all civill order to a confused paritie deposed and destroyed their Governours if the Governour of all the world by whom Kings do reign and who hath promised to defend them had not prevented the same from Heaven And the reason why they did all this The reason of their rebellion and proceeded thus farre against Moses and Aaron is intimated in the words of my Text Aemulati sunt because they would emulate or imitate Moses that is to play the Moses or play the King and play the part of the chief Priest themselves for this is certain that none will envy murmure at slander and disobey his King so farre as to make an open rebellion against him but they that in some sort would rule and be Kings themselves especially when they shall seek so farre to debilitate their Prince as that he shall be no wayes able to make resistance for they think If Treason prosper 't is no Treason what 's the reason if it prosper who dares call it Treason and none would disobey their Bishops or chief Priests but they that would and cannot be Bishops themselves because pride and ambition are the two sides of that bellowes which blowes up disobedience and rebellion But they that are bad servants will prove worse Masters they that will not learn how to obey can never tell how to rule and if Moses were as these Rebels suggested a Tyrant yet the Philosopher tells us we had better endure one Tyrant then as they were 250. Tyrants And the Homily of the Church tells us that contrary to their hopes God never suffers the greatest treasons or rebellions for any long time to prosper Therefore when under loyal pretences we see nothing but studied mischiefs and most crafty endeavours to innovate our government or to imbroyle the Kingdom in a civil warre that so they may fish in a troubled water let us never be so stupid as to secure them in these actions to produce our discredit for our simplicity and destruction for our disloyalty but rather let us leave them as Delinquents to the justice of our Lawes and the mercy of the King and this will be the readiest way to effect peace and happinesse to our Nation CHAP. XII Sheweth where the Rebels do hatch their Rebellion The heavy and just deserved punishments of Rebels The application and conclusion of the whole 4. Part. Where they did laâ— this 4. WE are to consider Vbi fecerunt where they did all this in castris non in templis that is in their own houses not in the house of God for in Gods house we teach obedience to our Kings and beat down rebellion in every Kingdom this is the Doctrine of the Church But in our houses in our cabins and corners in private Coventicles they teach rebellion Our houses are our Castles which is the doctrine of those Schools And these Schools are called Castra Tents or Castles because indeed every man's house is his Castle or his Fort where he thinks himselfe sure enough so did these Rebels and they would not come out of them neither Moses the King could compell them nor Aaron the Priest could perswade them to come out of their Castles and forsake their strong holds which their guilty consciences would not permit them to do and so all other rebels will never be perswaded to forsake their places of strength untill God pulleth them as he did these Rebels out of their holes for were it not for these Castra the Cities and Castles that they possesse they could not so like subtle Foxes run out and in to nullifie the property and to captivate the liberty of the Kings faithful subjects as they do for though they do all this under those fair pretences for the defence of the true religion the maintenance of our liberties and the property of our estates yet for our Religion it is now amongst us as it was in the days of Saint Basil Basilius de Spiritu Sancto cap. ult 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Every one is a Divine and then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. All the bounds of our forefathers are transgressed foundation of doctrine and fortification of discipline is rooted up and the innovators which never had any other imposition of hands but what they laid upon themselves have matter enough to set forward their sedition And for the other pretences I dare procaim it to all the world that mine own experience believeth the liberty of the subjects and the property of our goods and the true Protestant Religion could not possibly be more abused then it hath been by them that came in the name and for the service of the Parliament and therefore I would to God that all the oppressions injustice and imprisonments that have been made since the beginning of this Parliament were collected and recorded in a Book of remembrance that all the world might see and read the justice and equity of our Parliament and the iniquity oppression and rapine of them that to enrich themselves How the Parliament Rebeâ—s have inriched themselves in Ireland deprive us of our estates and liberties and that under the Parliaments name For I hear that as many have been impoverished so many both the Lords and Commons in this Kingdom of Ireland that before the conjunction of these malevolent martial Planets were very low at an ebbe and their names very deep in many Citizens books have now wiped off all scores paid all their debts and clad themselves in Silks and Scarlet but with the extorted moneys and the plundered goods of the loyal subjects I hope it is not so in England Yet as Platina tells us that when the Guelphes and the Gibilines Platina's story of the Guelphs and Gibelines in the City of Papia were at civil discord and the Gibilines promised to one Facinus Caius all
Lucifer among the Angels or if they think it necessary to correct qualify explain or alter some expressions or ceremonies in our Liturgy and Book of Common-Prayer we are so far from giving the least offence to weak Consciences that we heartily wish a lawful Synod which may have a full legal power as well to remove the offences as to punish the offenders and to establish such Laws and Canons as well against Separatists and Schismaticks Anabaptists and Brownists as against Recusants and Papists and such as may be for the Glory of God and the peace of our Church which was our sole intention in the last Synod But seeing their Plot was rather to establish a new Church than to redress the defects of the old and to countenance and advance those boute-fues that schismatically rent our Church in pieces and most wickedly defile the pure Doctrine of the same by degrading and displacing the grave Governours thereof I will to give you a taste of what fruit you are like to reap from them very briefly set down the sum of these two points Two points handled 1. What they have already done in the Affairs of our Church 1 Cor. 5.5 1 Tim. 1.20 1. Opened a gap ta all licenciousness 1. What they have already done 2. What Discipline and Doctrine are like to ensue if they should be enabled or permitted to erect their new Church for as you may find it in the Remonstrance of the Commons of England to the House of Commons 1. Under colour of Regulating the Ecclesiastical Courts Courts that have been founded by the Apostles and had alwaies their Authority and Reverence among Christians even before the Secular power when the Emperours became Christians had confirmed them they have taken away in respect of the coercive part thereof which is the life of the Law and without which the other part is fruitless all the Spiritual jurisdiction of Gods Church they have taken away Aarons rod and would have only Manna left in Gods Ark so that now the crimes inquirable and censurable by those Courts though never so heinous as Adultery Incest and the like cannot be punished Heresies and Schisms which now of late have abounded in all places can no waies be Reformed and the neglect of Gods service can as hardly be repaired when as the Ministers cannot be enforced to attend their Cures the Church-officers cannot be compelled to perform their duty and the Parishioners cannot be brought by our Law to pay their Tythes and other necessary Duties which things are all so considerable that all Christians ought to fear how lamentable will be the end of these sad beginnings for my self have seen the House of God most unchristianly prophaned the Church-yard and the dead bodies of the Saints so rooted and miserably abused by Hogs and Swine that it would grieve meer men that scarce ever heard of God to see such a barbarous usage of any holy place and when the Ministers have given a seven-nights warning to prepare for the blessed Eucharist and the Communicants came to partake of those holy mysteries they were fain to return home without it for want of Bread and Wine to administer it and yet now the Church Governours have not any power to redress any of these abominable abuses 2. Under shew of Reforming the Church Discipline 2. Voted down all the Governours of Gods Church and bettering the Government thereof they have voted down those very Governours the Bishops and their Assistants the Deans and Chapters whose function was constituted by the Apostles and hath from that time continued to this very day As the most Learned Arch-Bishop of Armagh Bishop Hall Master Mason Master Tayler and that worthy Gentleman Master Theyer and others have sufficiently shewed to all the World 3. Under the pretence of expunging Popery which Bishop Jewel 3. Vilified our Service-book Bishop Parry Bishop Babington Bishop Bilson Bishop Morton Bishop Davenant Bishop Hall and abundance more of the Reverend Bishops have confuted expelled and kept out of our Church more than any yea than all their schismatical Disciples whose Learning was no waies able to answer the weakest Arguments of our Adversaries the Service Book that is established by Act of Parliament and was by those holy Martyrs that lost their lives and spilt their blood in defence of the Protestant Religion and defiance of Erroneous Popery so Divinely and devoutly composed as all the Reformation can bear witness and I am well assured the whole flock of these Convocants shall never be able without this to make any neer so pious must be totally cried down and hath been in many places burned used to the uncleanest use and teared all to pieces And to let you see their abomination herein I must crave patience to transcribe that it may the more generally pass the Speech of Alderman Garraway Alderman Garraway p. 7. where he saith pag. 7. Did not my Lord Maior that is Pennington first enter upon his Office with a Speech against the Book of Common Prayer Hath the Common Prayer ever been read before him Hath not Captain Ven said that his Wife could make prayers worth three of any in that Book O Masters There have been times that he which should speak against the Book of Common-Prayer in this City should not have been put to the patience of a Legal-Trial we were wont to look upon it as the greatest treasure and the Jewel of our Religion and he that should have told us he wished well to our Religion and yet would have taken away the Book of Common-Prayer would never have gotten credit I have been in all the parts of Christendome and have conversed with Christians in Turkey why in all the Reformed Churches there is not any thing of more Reverence than the English Liturgy not our Royal Exchange nor the Navy of Queen Elizabeth is so famous as this in Geneva it self I have heard it extolled to the skies I have been three months together by Sea and not a day without hearing it read twice How the Mariners esteem the Liturgy the honest Mariners then despised all the World but the King and the Common-Prayer Book he that should be suspected to wish ill to either of them should have made but an ill voyage and let me tell you they are shrewd Youths those Sea-men if they once discern that the person of the King is in danger or the Protestant professed Religion they will shew themselves mad bodies before you are aware of it I would not be a Brownist or an Anabaptist in their way for And yet these men have so basely abused and are so violent to abolish this excellent Book and Divine Liturgy that Many will not believe it though it should be told unto them I would they did but read that Act of Parliament which is prefixed unto the same to see if they regarded either the Law of God or Man the Religion of the Clergy that composed it or the
directors in all Church causes as it appeareth out of all the fore-cited Authors and all the Histories that do write thereof and Justinian published this Law that when any Ecclesiastical cause or matter was moved his Lay officers should not intermeddle with it but should suffer the Bishops to end the same according to the Canons the words are Si Ecclesiasticum negotium sit nullam communionem habento civiles magistratus cum ea disceptatione sed religiosâ—ssimi Episcopi secundum sacros canones negotio finem imp nunto For the good Emperour knew full well that the Lay Senate neither understood what to determine in the points of faith and the government of Christ's Church nor was ever willing to do any great good or any special favour unto the Shepherds of Christ's flock and the teachers of the true religion because the Son of God had fore-told it that the world should hate us that secular men and Lay Senatours should commonly oppose John 15.19 cross and shew all the spite they can unto the Clergy Matth. 10.16 of whom our Saviour saith Behold I send you forth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as sheep in the midst of wolves Whence this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 great distance between their dispositions being observed it grew into a Proverb that Laici semper infesti sunt Clericis And Doctour Meriton In a Sermon before King James How the Laity love the Clergy A very memorable act Anno. â—9 Eliz. cap. 4. observed this as one of the good favours the Clergie of England found from our Parliaments since the reformation when many men first began to be translated from the seat of the scornefull to sit in Moses chaire and to prescribe Lawes for Christ his Spouse to make an Act that all wandering beggars after their correction by the Constable should be brought to the Minister of the Parish to have their names registred in a Book and the Constable used to give to the Minister 2d for his paines for every one so registred but if he refused or neglected to do it the Statute saith he should be punished five shillings for every one that should be so omitted where besides the honourable office I will not say to make the Minister of Christ a Bedle of the Beggars but a Register of the vagrants you see the punishment of one neglect amounteth to the reward of thirty labours therefore all the Christian Emperours and the wisest Kings considering this great charge that God had laid upon them to make wholesome Lawes and Constitutions for the government of his Church and seeing the inclinations of the Laity would never permit any of these Lay Elders and the Citizens of the world to usurp this authority to be the composers contrivers or assistants in concluding of any Ecclesiastical Law until the fences of God's vineyard were pulled down That the Laity should have no interest in making Laws for the Church and the wilde Boar out of the forrest the audacious presumption of the unruly Commonalty ventured either to govern the Church or to subdue their Prince since which incroachment upon the rights of Kings it hath never succeeded well with the Church of Christ and I dare boldly say it fidenter quia fideliter and the more boldly because most truly the more authority they shall gain herein the less glory shall Christ have from the service of his Church and therefore Be wise ô ye Kings And consider how any new Canons are to be made by our Statute 25 Hen. 8. Ob. But then it may be demanded if this be so Ob. that the Laity hath no right in making Lawes and Decrees for the government of God's Church but that it belongs wholly unto the King to do it with the advice of his Bishops and the rest of his Clergy then how came the Parliament to annul those Canons that were so made by the King and Clergy because they had no vote nor consent in confirming of them Sol. Truely I cannot answer to this Objection Sol. unless I should tell you what the Poet saith Dum furor incursu currenti cede furori Dâ—fficiles aditus impetus omnis habet They weâ—e furiously bent against them and you know furor arma ministrat dum regnant arma si lent leges all Lawes must sleep while Armes prevaile besides you may finde those Canons as if they had been prophetically made fore-saw the increasing strength of Anabaptisme Brownisme Puritanisme most likely to subvert true Protestantisme and therefore were as equally directed against these Sectaries of the left hand as against the Papists on the right hand and I think the whole Kingdom now findes and feels the strength of that virulent Faction and therefore what wonder that they should seek to break all those Canons to pieces and batter them down with their mighty Ordinances for seeking to subdue their invincible errours or else because as they say the Ecclesiastical State is not an independent society but a member of the whole the Parliament was not so to be excluded as that their advice and approbation should not be required to make them obligatory to the rest of the Subjects of the whole Kingdom which claim this priviledge to be tyed to the observation of no humane Lawes that themselves by their representatives have not consented unto 2. As the King is intrusted by God to make Lawes for the government of the Church of Christ so it is a rule without question 2. To grant dispensations of his own Lawes that ejus est dispensare absolvere cujus est condere he hath the like power to dispense with whom he pleaseth and to absolve him that transgresseth as he hath to oblige them therefore our Church being for reformation the most famous throughout all the parts of the Christian world and our King having so just an authority to do the same it is a most impudent scandal full of all malice and ignorance not to be endured by any well-affected Christian that the new brood of the old Anabaptists do lay upon our Church and State that they did very unreasonably and unconscionably by their Lawes grant Dispensations both for Pluralities and Non-residency The scandals of the malicious ignorants against the worthier clergy onely to further the corrupt desires of some few to the infinite wrong of the whole Clergy besides the hazard of many thousands of souls the intolerable dishonour of Gods truth and the exceeding disadvantage of Christ his Church for seeing God hath principally committed and primarily commended the care of his Church and service unto Kings who are therefore to make Laws and Orders for the well governing of the same iâ— shall make it most evident that they may as they have ever done most lawfully and more beneficially both for Gods Church and also for the Common-wealth do these three things Three special points handled 1. To grant that grace and favour unto their Bishops and other Ecclesiastical persons as to
rarò eminentes viros non magnis adjutoribus ad gubernandam fortunam suam usus invenies saith Paterculus as great men of a wealthy and vast estate are seldome without great counsel to assist them to govern and to dispose of that great fortune so Kings having a great charge laid upon them are not onely permitted but advised and counselled by God to have 1. Wise Counsellors 1. Faithful and wise Counsellors to direct them in the government of the people 2. Subordinate Magistrates to assist them in the government of the people Tacit. annal lib. 2. 1. Tacitus as I said before saith There cannot be an argument of greater wisedome in a Prince nor any thing of greater safety to the Common-wealth then for him to make choice of a wise and religious Counsel because the most weighty labours of the Prince do stand in need of the greatest helpes therefore Agamemnon had his Nestor and Chaleas Dionys Halicar lib. 2. Augustus had Mecoenas and Agrippa two wise Counsellors to direct him in all his affairs David had Nathan Gad Achitophel and Hushai and Nebuchadnezzar had Daniel Shadrach Meshac and Abednego and so all other Kings in all Nations do chuse the wisest men that they conceive to be their Counsellors 1. Subordinate Magistrates 2. For subordinate Magistrates Jethro's counsel unto Moses and Moses hearkning unto him as to a wise and faithful Counsellor makes it plain how necessary it is for the supreme Magistrate to chuse such assistants as may bear with him some part of the great burthen of government Thus far it is agreed upon on all sides but the difference betwixt us and our new State-Divines consisteth in these two points 1. About the choice 2. About the power of these officers A twofold difference For 1. We say that by the Law of nature every master hath right to chuse his own servants this is Lex gentium ever practiced among all Nations 1. About the choice of inferiour Magistrates and Officers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2 Cor. 4 5. Exod. 18.11 why then should not the King make choice of his own Counsellors and Servants they will say because he is the servant of the Common-wealth But how is that I hope none otherwise then the Minister is the servant of the Church for Christ his sake and shall he therefore that is your King lose the priviledges of a common Subject Besides hath not God committed the charge of his people into the Kings hand and will he not require an accompt of him of their government how then shall he give an account to God when the government is taken out of his hands and subordinate officers and servants put upon him I am sure when the 70 grand Senators of Israel the great Sanhedrim of the Jewes were to be chosen Jethro saith unto Moses Thou shalt provide out of the people able men mark I pray you thou and not the people shalt provide them neither shall you find it otherwise in any History Pharaoh and not his people Gen. 41.41 made Joseph ruler over all the Land of Egypt Nebuchadnezzar and not his people made Daniel ruler over the whole Province of Babylon Dan. 2.48 Cap. 6.1 2. and Darius set over his Kingdome a hundred and twenty Princes and made Daniel the first of the three Presidents that were over all these And what shall I say of Ahashuerus and all other kings All kings chuse their own Officers Heathens Jewes or Christians that ever kept this power to chuse their own servants Counsellors and Officers except they were infant Kings in their non-age and so not able to chuse them But you will say that our Histories tell you Ob. how Ric. 2. Edw. 2. and others of our Kings had their Officers appointed and themselves committed unto Guardians by the Parliament therefore why may not our Parliament do the like in case of male-administration I answer that I speak of the right of kings Sol. 2 Reg. 19.37 and not justifie the wrongs done to Kings Adramelech and Sharezer killed Sennacherib their own Father is it therefore lawfull for other children so to do Why should we therefore alleadge those things Quae insolentiâ populari quae vi quae furore non ad imitationem exemplo proponenda sed justo legum supplicio vindicanda sunt which should rather have been revenged by the just punishment of the Law then proposed to be imitated by the example Therefore I say that whosoever abridgeth the King of this power robbeth him of that right which God and nature hath allowed him whereby you may judge how justly the Parliamentary faction would have dealt herein with our King by forcing Counsellors and great Officers upon him but I hope you see it is the Kings right to chuse his Servants Officers and Counsellors what manner of men he should chuse Jethro setteth down True Church lib. 6. c. 4. c. And I have most fully described the qualities and conditions that they should be indued withall in my True Church 2. As our Sectaries differ much from the true Divines about the choyce 2. Difference about the power of the subordinate Magistrates so they differ much more about the power of these subordinate officers and inferiour Magistrates for we say they are alwayes to be obedient to the supreme power or otherwise ejus est deponere cujus est constituere he can displace them that hath appointed them or if you say no because I cited you a place out of Bellarmine where he saith the Souldiers had power to refuse their Emperour while he was in fieri to be elected but not when he was in facto fully chosen and made Emperour so the King hath power to chuse them but not to displace them I answer briefly that in creating or constituting our inferiours we may but our superiour we may not because inferiours in the judgment of all men None can depose him in whom the supreme Majesty resideth have no jurisdiction over their superiours And therefore elective Kings are not deposeable in a Monarchicall government where the supreme power resides in the Monarch though perhaps the Kings of Lacedemon might be justly deposed because by the constitution of their Kingdome the supreme power was not in their Kings but in their Ephori But our new Sectaries out of Junius Brutus Burcher Althusius Knox and Cartwright teach very devoutly but most falsely that in case of defailance to do his duty they may with the Tribunes of Rome or the Demarchi at Athens censure and depose him too if they see just cause for the same Blacvod c. 33. p. 285. Grand Rebellion c. 7. p. 52. To confute which blasphemous doctrine against God and so pernicious and dangerous to this State though others have done it very excellently well already and I have formerly shewed the absurdity of it in my Grand Rebellion yet because all books come not to every hand I will say somewhat
of it in this place If these Counsellours Magistrates Parliament call them what you will have any power and authority it must be either subordinate coordinate or supreme 1 Subordinate officers can have no power over their superiors 1. If subordinate I told you before they can have no power over their superiour because all inferiour Magistrates are Magistrates onely in respect of those that are under their jurisdiction because to them they represent the King and supply the office of the King but in reference to the King they are but private persons and Subjects that can challenge no jurisdiction over him 2. that neither Peers not Parliament can have the supremacy None above the king at any time 2. If they be supreme then Saint Peter is much mistaken to say the King is supreme and they do ill to disclaime this supremacy when in all their Petitions not disjunctively but as they are an united body they say Your Majesties humble Subjects the Lords and Commons in Parliament and besides they are perjur'd that deny it after they have taken the Oath of supremacy where every one saith I A. B. do utterly testifie and declare in my conscience that the Kings Highness is the onely supreme Governour of this Realme c. But this is further and so fully proved out of Bracton the nature of all the Subjects tenures and the constitution of this government by the Authour of The unlawfulness of Subjects taking up armes against their Soveraigne that more needs not be spoken to any rational man Yet because this point is of such great concernment and the chiefest argument they have out of Bracton is that he saith Rex habet superiorem The Sectaries chiefest argument out of Bracton fully answered legem curiam suam comites Barones quia comites dicuntur quasi socii Regis qui habet socium habet magistrum ideò si Rex fuerit sine frano id est sine lege debent ei fraenum ponere nisi ipsimet fuerint cum rege sine fraeno and all this makes just nothing in the World for them if they had the honesty or the learning to understand it right for what is above the King the Law and the Court of Earles and Barons but how are they above him as the Preacher is above the King when he preacheth unto him or the Physician when he gives him Physick or the Pilot when he sayleth by Sea that is quoad rationem consulendi How the Law and the Court of Barons is above the King non cogendi they have superioritatem directivam non coactivam for so the teacher is above him that is taught and the Counsellor above him that is counselled that is by way-of advice but not by way of command and to shew you that this is Bractons true meaning I pray you consider his words Comites dicuntur quasi socii they are as his fellows or Peeres not simply but quasi and if they were simply so yet they are but socii not superiours and what can socii do not command for par in parem non habet potestatem that is praecipiendi otherwise you must confesse habet potestatem consulendi therefore Bracton addes qui habet socium habet magistrum that is a teacher not a commander and to make this yet moâ—e plain he addes Si Rex fuerit sine fraeno id est lege if the King be without a bridle that is saith he lest you should mistake what he meanes by the bridle and thinke he meanes force and armes the Law they ought to put this bridle unto him that is to presse him with this Law and still to shew him his duty even as we do both to King and people saying this is the Law this should bridle you but here is not a word of commanding much lesse of forcing the King not a word of superiority nor yet simply of equality and therefore I must say hoc argumentum nihil ad rhombum these do abuse every author 3 That neither Peers nor Parliament are co-ordinate with the King If their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I speak not of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their natural strength and power but of their right and authority be coordinate and equal with the Kings authority then whether given by God which they cannot prove or by the people there must be duo summa imperia two supreme powers which the Philosophers say cannot be nam quod summum est unum est Ommesque Philosoph jurisconsulti ponunt summum in eo rerum genere quod dividi non possit Lactant. l. 1. c. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Marc. 3.14 from whence they prove the unity of the God-head that there can be but one God and if this supreme power be divided betwixt King and Parliament you know what the Poet saith Omnisque potestas Impatiens consortis erit Or you may remember what our Saviour saith If a Kingdome be divided against it selfe it cannot stand and therefore when Tiberius out of his wonted subtilty desired the Senate to appoint a colleague and partner with him for the better administration of the Empire Asinius Gallus that was desirous enough of their Pristine liberty yet understanding well with what minde the subtle fox spake onely to descry his ill willers after some jests answered seriously 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that government must not be divided because you can never have any happiness where the power is equally divided in two parts when according to the well known axiome to every one Par in parem non habet potestatem But to make the matter cleare The Case of our Affaires p. 19.20 The Lawes of our Land acknowledge all Soveraignty in the King and to shew that the Soveraignty is inseperably inherent in the person of His Majesty we have the whole current of our very Acts of Parliament acknowledging it in these very termes Our Soveraigne Lord the King and the Parliament 25. Hen. 8. saith This your Graces Realme recognizing no superiour under God but your Grace c. And the Parliament 16. Rich. 2.5 affirmeth the Crown of England to have been so free at all times that it hath been in no earthly subjection but immediately to God in all things touching the regality of the said Crown and to none other and in the 25. of Hen. 5. the Parliament declareth that it belongeth to the Kings regality to grant or deny what Petitions in Parliament he pleaseth and so indeed whatsoever authority is in the constant practice of the Kingdom or in the known and published Laws and Statutes it concludeth the Soveraignty to be fixed in the King and all the Subjects virtually united in the representative body of the Parliament to be obliged in obedience allegeance to the individual person of the King and I doubt not but our learned Lawyers can finde much more proofe then I do out of their Law to this purpose And therefore seeing divers supreme