Episcopacy which was the general Common Place of declaiming against the Hierarchy and I do it the rather because this Calumny hath like a Leprosie infected not only the Vulgar Minds of all the Schismaticks in the English Dominions but also many Persons of better quality and more abilities and opportunities to free themselves from being imposed upon by such foolish Impostures He tells you The Root of it was Pride the Bishop exalting himself above the Presbyter the Metropolitan above the Bishop and so on And that the very spirit of this Order is a spirit of Pride Exalting it self in the Temple of God over all that is called God which is the very Character the Apostle gives of The Anti-Christ Now that this Prelacy or Order of Episcopacy was not that Antichrist is most manifest from both the Scriptures and the Ecclesiastical History for either the beloved Apostle Saint John who lived and dyed Bishop of Ephesus and himself faw and doubtless Ordained many of those Bishops of Asia must either be himself a member of Anti-Christ or the Order is not Now let the Anti-Episcopal Men take hold of which Horn of the Dilemma they please I am sure the Foundation of their Argument and all the Babel of Confusion which is built upon it must fall It was an unlucky appeal which in the End of his Speech he seems to make to Providence and the Signal Hand of Heaven in Restoring that Government and this Church together with the Fatal Catastrophe of this unfortunate Gentleman and others his Colleagues who were so violently bent upon Ruin of Root and Branch are certainly if Arguments must be drawn from Providence such irrefragable ones in favour of Episcopacy as no Age Ever saw since Israel passed through the Red Sea to the Land of Promise For the Reader 's better Satisfaction in this important Matter the want of a true and good Understanding whereof gave no small Assistance to those dismal Calamities which afterwards befell the Miserable Nations I will present him with a short Abstract of the Judgment of Archbishop Vsher whose Testimony I rather make Use of in this particular because Even the Presbyterian Faction at that time seemed to set a great Value upon him as a Moderate Learned and Pious Man The Reverend and Learned Prelate James Lord Archbishop of Armagh An Abstract of Arch-Bishop Ushers Opinion of Episcopacy being of Apostolical Institution 1641. Primate of Ireland did in the Year 1641. when this Debate was most Violent the Presbyterian Faction indeavouring to Extirpate Episcopacy Root and Branch and to Introduce the Scottish or rather the Old Heretick Aërius his Parity and Identity of Priest and Bishop write a small Pamphlet upon this subject shewing from the Records of Antiquity That the Apostles Ordained Bishops to succeed them in all Churches Which may for Ever Silence these Gainsayers who have nothing in their Mouths but the Antichristian and Lordly Prelacy a Reproach which if traced to the Original of this Institution will at last fall upon the Apostles themselves if not upon Him whom St. Peter stiles The Shepherd and Bishop of our Souls The Book was Printed by G. M. for Thomas Downes and to be sold by William Lee at the Turk's Head in Fleetstreet 1641. To prove that those whom our Translation calls Elders the Greek Presbyters were subordinate to the Bishop he proves That the same Persons whom St. John in the Revelation calls the Angels of the Churches were those whom the Primitive Fathers and the Church then called Bishops and particularly that Timothy was Bishop of Ephesus and that one of those Angels to whom St. John writes was Successor to him which he proves First by the Succession of Bishops Secondly by the Testimony of Ignatius and others For the first it was publickly declared by Leontius Bishop of Magnesia in the General Councel of Chalcedon Act. 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That from Timothy and therefore by undeniable consequence from the very dayes in which the Apostles lived there had been a Continued Succession of Twenty seven Bishops all of them Ordained in Ephesus That Beza himself in his Commentaries confesseth as much that Timothy had been sometimes the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Antistes or President of the Ephesian Presbytery which is the Appellation which Justin Martyr gives unto him whom the other Fathers term a Bishop and that Timothy was Ordained Bishop of the Church of the Ephesians is confirmed by the Testimony of Eusebius Hist lib. 3. c. 4. as also by Two Ancient Treatises concerning the Martyrdom of Timothy one Anonymous in the Library of Photius the other bearing the name of Polycrates who was himself Bishop of Ephesus and born within 37 Years after St. John wrote the Revelations That Onesimus was Bishop of Ephesus and consequently the Angel of that Church to whom St. John writ the Epistle in the Revelation he proves from Ignatius Now Ignatius whom Theodoret in Dialogo 1. Foelix 3. in Epistola ad Zenonem Imperatorem recitata in 5 Synodo Costantinopol Act 1. Tomo 2. Concil pag. 220. Edit Binii Anno 1606. As also Johan Antiochenus Chronic. lib. 10. M. S. report to have been Ordained Bishop of Antioch by St. Peter without all controversie did sit in that See the very same time when St. John writ that Epistle to the Angel of the Church of Ephesus for St. John writ his Revelation towards the End of the Empire of Domitian as Ireneus testifies or in the 14th Year of his Reign as Eusebius and Hierom say from thence there are but 12 Years to the 10th of Trajan wherein Ignatius in that last Journey which he made for the consummation of his Glorious Martyrdom at Rome wrote another Epistle unto the Church at Ephesus making mention therein of Onesimus as their Bishop and puts them in mind of their duty to him and concurring with him as their worthy Presbytery did He further tells us that Polycarpus was then Bishop of Smyrna when St. John wrote to the Angel of the Church there of whom Irenaeus who did no tonly know those worthy men who succeeded Polycarp in that See but also was present when he himself did discourse of his Conversation with St. John and of those things which he heard from those who had seen our Blessed Lord Jesus saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Polycarpus saith he was not only a Disciple of the Apostles and conversed with many of those who had seen Christ but was also by the Apostles themselves constituted in Asia Bishop of the Church in Smyrna whom we our selves also did see in our Younger Years for he continued long and being very aged he most Gloriously and Nobly suffering Martyrdom departed this life Iren. lib. 3. cap. 3. He gives us an Account of what Irenaeus and Tertullian write concerning the Bishops succeeding the Apostles writing against the Hereticks of those Early Ages Habemus annumerare eos qui ab Apostolis Instituti sunt Episcopi in Ecclesiis
et Successores Eorum usque ad nos qui nihil tale docuerunt neque cognoverunt quale ab his deliratur Iren. advers haeres Lib. 3. Cap. 3. We are able to number those who by the Apostles were Ordained Bishops in the Churches and their Successors unto our days c. Tertullian in his Book de Praescrip advers haeret Cap. 32. p. 118. Sicut Smyrnaeorum Ecclesia Polycarpum ab Johanne conlocatum refert sicut Romanorum Clementem à Petro ordinatum edit perinde utique et Caeterae exhibent quos ab Apostolis in Episcopatum constitutos Apostolici seminis traduces habent As the Church of Smyrna had Polycarpus placed there by John and the Church at Rome Clement Ordained by Peter so the rest of the Churches did also shew what Bishops they had received by the appointment of the Apostles to propagate the Apostolical Seed Thus far the Reverend Primate From whence it is as clear as the Brightest day that ever enlightned the World That Episcopacy is a Government Instituted in the Church by Apostolical Command and how that should be Unlawful or Anti-Christian without charging the Holy Apostles the Pillars and Foundations of the Church with the horrible Guilt of setting up Antichrist and his Kingdom I think is impossible to be avoided And indeed so Great so Universal and so Powerful is the Truth in this particular that even the greatest Propugnators of Presbyterian Government and Parity have been forced to confess it Petrus Molinaeus in his Book de Munere Pastorali purposely written to defend the Presbyterian Government acknowledges That presently after the Apostles time or even in their time as Ecclesiastical History witnesseth it was Ordained That in every City one of the Presbytery should be called a Bishop who should have preheminence over his Colleagues to avoid Confusion which frequently ariseth from Equality and that truly this Form of Government all Churches every where received And Theodore Beza in Tractatu de triplici Episcopatus genere which he saith was of three kinds Divine Humane and Satanical attributing to the second which he calls Humane but as before is proved plainly is Apostolical at least not only a priority of Order but a superiority of Power and Authority over other Presbyters yet bounded by Laws and Canons provided against Tyranny yet is forced to acknowledg That of this kind of Episcopacy is to be understood whatsoever we read concerning the authority of Bishops in Ignatius and other Antient Writers And to any person that will deliberately and without prejudice debate the matter with himself it will appear either that the very Apostles were of the Confederacy to set up Antichristian Government over the whole World and where ever they founded Churches and Converted Pagans to bring them into Spiritual Sodom and Egypt and Antichristian bondage Or that the Government is Innocent Lawful and agreeable to the Will of God which must of Necessity be best known to those Miraculously inspired Men upon whom the Cloven Tongues of fire descended which were to lead them into all Truth and whether this will not bring in Question the truth of the Promise and of Him who made it and by Consequence such a Chain of Atheism and Impieties as are not fit to be named among Christians I leave to all men to consider and Judge Besides it is perfectly impossible to considering Men and thinking Minds to apprehend that for so many Hundred Years as from the Apostles Age till of late among all the Churches of Christians in the World and among all the Presbyteries that in all those Ages have yielded subjection and been in subordination to this Government of Bishops there should be none found whom either Conscience of Duty the Natural Love of Liberty or that Aversion which all Mankind have to Pride and the Usurpations of others over them should not once prevail with them to oppose this General Defection and Apostacy and Invasion of the Kingdom of Christ and Liberty of Christians The Ingenuous will I hope Excuse this Excursion which though it may appear out of my Road is not out of my Profession nor I hope of any Disadvantage to the Reader Long-winded Mr. Thomas also took the Cudgels in this Quarrel against Church-Government and shot his Bolt as follows I Have heretofore delivered the Reasons that induced me to yield my several Votes Mr. William Thomas his Speech against Deans and Chapters June 11. 1641. touching the Corruption and unsoundness of the present Episcopacy and Church Government so for the unlawfulness of their intermedling in Secular affairs and using Civil Power as also the harm and noxiousness of their Sitting as Members in the Lords House and Judges in that most Honourable and High Court Now I crave leave to do the like in shewing the Reasons of my Vote concerning Deans and their Office I say that my Opinion then was and now is that as the Office is unnecessary themselves useless so the substance of the one and continuance of the other needless nay rather as I will declare most hurtful therefore may easily be spared nay rather ought to be abolished my reasons are these that the Office of Deans doth neither tend or conduce as some have alledged to the honour of God the propagation of Piety the advancement of Learning or benefit of the Common-weal but è contra that they occasion the dishonour and disservice of God the hinderance if not destruction of Piety the suppression and discouragement of Learning and Learned Men and the detriment and prejudice of Church and Common-weal this I conceive I shall make most apparent if time and your patience will permit But first I humbly crave leave and I think it will not be impertinent to declare what Deans were Originally in their first Birth Secondly what in their encrease and further growth and Lastly their present condition being at their full and as I think their final period As to their Original it is not to be denyed but themselves and Office are of great Antiquity Saint Augustine declaring both but I do not say that it is an ancient Office in the Church but what Officers Deans then were be pleased to hear from Saint Augustin's own delivery in his Book de Moribus Ecclesiae Catholicae if that Book as also that of Monachorum be his which Erasmus and others have doubted The Monks saith he for their more retiredness and better contemplation appointed Officers which they called Decanos the Office of them and why they were so called he delivereth in these words as near as I remember Opus autem tradunt illis quos Decanos vocant eo quod sunt denis praepositi ut neminem illorum cura sui corporis tangat neque in cibo neque in vestimento neque si quid aliud vel quotidiana necessitate vel mutata ut assolet valetudine hi autem Decani magna sollicitudine omnia disponentes presto facientes quicquid illa vita propter imbecillitatem
Reasons hereafter as they shall think fit The Lords Adjourned their House into a Committee during pleasure to Debate these Matters the Proposition concerning securing Recusants was deferred till the Commons brought up a List of the Particular Names of the Recusants they desired should be Secured When the other Proposition about the Isle of Wight came under Consideration the Earl of Portland affirmed That his Father lived and died a Protestant as he can make it appear by credible Witnesses that were with him when he died if his Wife be one it was against his Will and for himself his Lordship protested That his Father bred him a Protestant and he would ever live and die one Which giving good satisfaction to the House it was Ordered to be put in Writing and delivered at a Conference to the House of Commons Mr. William Crofts was Sworn and Ordered to be Examined before the Deputed Lords The Earl of Holland Reported Message from the Venetian Ambassador That the Venetian Ambassador had been with him and desired That the ill Expressions in his Paper may be Excused for he professes he meant nothing in derogation of any Member of this House but spoke it as what Reputation other States had of such an Action and that he further signified That he hath written a fair Letter to the State of Venice concerning the opening of his Letters which he hopes will satisfie them This day Wall upon his Petition was Released from the Fleet Wall released where he had been committed for neglecting to deliver the Order of the House to search for Priests and Jesuits but with this condition not to be admitted any more to the Service of the House Inquiry after the transporting of Horses It was Ordered in the Commons House That the Knights and Burgesses of the County of Kent and the Barons of the Cinque-Ports do forthwith send to the Officers that do register the Horses that are Transported beyond the Seas and to send up a List of the Number of them that have been Transported within these 12 Months and by what Warrant and by whom such Warrants were obtained Though Disloyalty to the King and Disobedience to the Church which rarely are seen asunder began now to be much in Fashion and Esteem and to depress the Prerogative and oppress the Church were accounted Great Recommendations for men to set up for Patriots of the Country and Reformers of Religion yet wanted there not some Brave Spirits who to their Eternal Reputation darest even in the face of the Breach indeavour to stop the Deluge of Schism and the Inundations of Errors which they apparently saw must overwhelm the Church upon throwing down the Banks of Episcopal Order and Government How Unwelcom these bold Truths were to the Faction appears by an Order of the House of Commons of this Day made purposely to discountenance Petitions of this Nature for maintaining the Church Government as by Law it was Established and to deterr others from attempting to give them any Interruption in their pretended Reformation Order to discourage Petitioners for Episcopacy Ordered That it be referred to the Committee for the Ministers Remonstrance to consider what indiscreet and irregular Wayes and Means have been Vsed to procure Hands to Petitions presented or to be presented for or against Episcopacy This latter clause or against was only for colour to make the other pass more fairly for it is Evident that they themselves were the Great Promoters of Petitions not only against that but for whatever they had a design to obtain as will hereafter upon occasion appear But upon this Occasion I cannot but present the Reader with a Petition which I find in a Collection of Petitions of the like Nature Printed by His Majesties particular Order which though it came from one of the smallest Counties of England yet had not the least Learning or Reason And if it received neither Countenance nor Answer it is not much to be wondred at being indeed Unanswerable The Petition was as follows To the High and Honorable Court of Parliament The Humble Petition of the Knights Esquires Gentlemen and Householders in the County of Rutland in behalf of our Selves and our Families And of the Parsons Vicars and Curates for the Clergy in behalf of themselves and their Families THat whereas there have been diverse Petitions exhibited to this Honorable Court The Rutland-Shire Petition for Episcopacy Nov. 18. 1641. by Persons disaffected to the present Government for the utter Extirpation of the Apostolical Government of the Church by Bishops they by Sedulity and Zeal supplying the want of fair Pretences for the Abolition of that which we hope no just Reason can Condemn And on the other side many Pious Persons true Sons of the Church of England have represented their just Desires of the continuance of it upon great and weighty Causes both in Divinity and true Policy We also lest We might seem unconcerned and for fear lest our Silence should be exacted as a Crime at our Hands if We be deficient to what We are persuaded is the Cause of God In pursuance of their pious Intendments and in allowance of their Reasons do also press to your great Tribunal to beg of you to do that which is the Honor of Kings to be Nutricii of the Church and her most Ancient and Successive Government We therefore humbly beg of you to leave us in that state the Apostles left the Church in That the Three Ages of Martyrs were governed by That the 13 Ages since them have always gloried in by their Succession of Bishops from the Apostles proving themselves members of the Catholique and Apostolick Church That our Laws have Established so many Kings and Parliaments have protected into which we were baptized as certainly Apostolical as the Observation of the Lords Day as the distinction of Books Apocryphal from Canonical as that such Books were written by such Evangelists and Apostles as the Consecration of the Eucharist by Presbyters as any thing which you will do by upholding the Government of the Church by Bishops which we again and again beg of you to do having Pity on our Consciences and not forcing us to seek Communion as yet we know not where So shall we be bound to pray with a Multiplyed Devotion for the increase of Publique and Personal Blessings to your Honorable Assembly to your Noble Persons We also do with all humility beg leave to represent these our Considerations subjoyned which we hope you will favourably Expound to be a well-meant Zeal and at least a Conscience of Duty and Charity to those our Fathers from whom we have received and daily hope to receive many issues of Spiritual Benedictions 1. We Consider That Christ either left his Church without a lasting Government or else Bishops and Presbyters under them are that Government the former we fear to say lest we might seem to accuse the Wisdom of the Father of Improvidence in the not providing
held by Bishops the greatest Fires and Pests of Christendom the Old Heresies were by their Industry extinct Church Discipline and Pious Constitutions by them Established many Nations by them converted many Miracles done for the Confirmation of the Christian Faith one of the Gospels written by a Bishop St. Mark of Alexandria if we believe as authentick Records as any are extant Three of the Epistles of St. Paul written to Bishops seven Epistles by the Holy Ghost himself recorded in the Revelation and sent to the Seven Asian Bishops as all ancient Fathers accord * * Timotheus Titus Clemens Limus Marcus Dyonisius Onesimus Caius Epaphroditus Jacobus Hierosolimit Euodias Simeon the Names of twelve Men besides Apostles mentioned in Holy Scripture which all Antiquity reports to have been Bishops most of the Fathers whose Works all Posterity embraces with much Zeal and Admiration were Bishops these also in our Apprehensions advance that Holy Function to a high and unalterable Estimation 17. Very many of the fairest Churches and Colleges and Places of Religion were built by Bishops which are fair Characters to shew their prompiness to do Publick Acts of Piety and that Persons so well qualified as they were that is Governors and Clergy and fairly endowed is an excellent Composition to advance publick Designs for the Honor of God in the Promotion of Publick Piety 18. Since it hath pleased this Honorable Court of late to commend a Protestation to Vs which We by solemn Vow engaged our selves to Attest with our Lives and Fortunes the established Doctrine of the Church of England We consider that since the 36 Article hath approved and established the Book of Consecration of Bishops the Abolition of Bishops would nullifie that Article and should We not make humble Remonstrance to the contrary we should suddenly recede from our great and solemn Protestation for maintenance of our Church Doctrine But may it please this Honorable Assembly We consider on the other side 19. The introducing of Lay Elders must bring an insupportable Burthen to all Parishes by maintaining them at the Parish Charge for they must be maintained or else a Transgression is made against the Apostolical Rule Tim. 5. for the principal and indeed only colourable pretended Place for Lay-Elders injoyns their Maintenances so that either the People must be Oppressed with so great a Burthen or else St. Paul's Rule not obeyed or else there is no Authority for Lay Elders as indeed there is not 20. And also there can be no less fear of Vsurpation upon the Temporal Power by the Presbytery then is pretended from Episcopacy since that Presbytery challenges Cognisance of more Causes and Persons then the Episcopacy does so making a dangerous Entrenchment upon the Supremacy and derives its Pretence from Divine Institution with more Confidence and more immediate derivation then Episcopacy though indeed more vainly as We conceive 21. We crave leave also to add this That these two viz. Episcopacy and Presbytery being the only two in contestation if any new Design should justle Episcopacy we are confident that as it hitherto wants a Name so it will want a Face or Form of Reason in case of Conscience when it shall appear Signed by Knights Justices Gentry and Free-Holders about 800 By Ministers about the Number of 40. Though this Number seem but small yet the County is so too and certainly the Reasons which they offered were great and altogether unanswerable But the Word of the Faction was Delenda est Carthago Root and Branch must up though the 12 Apostles themselves had Petitioned them and remonstrated against this Violent and Anti-Christian Enterprize as in reality both they and all Apostolick Men as is well urged in this Petition did This day a Petition was read in the House of Lords Friday Novemb. 19. Officers of the late Army Petition for their Pay Presented by the Colonels and Chief Commanders in the late King's Army shewing That whereas there was a Trust desired by the Parliament of the said Officers for part of their Pay and thereupon an Act was made for their satisfaction to be given positively on the 10th of this Instant November They therefore desire That the Parliament may be moved to make good their Act. Whereupon it was Ordered to be propounded to the Commons at a Conference The Press breaks loose against Church and State The Press now began to break loose as indeed every thing that looked like Order seemed to be wholly Abandoned to Libertinisme both in Church and State for daily Complaints were made of abusive Pamphlets against both particular Persons and the Government Civil and Ecclesiastical Complaint had been some time before made to the House of a Libel against the Earl of Worcester another against the French Ambassador a third for Printing and Publishing a Book Intituled Leicester's Commonwealth upon all which the Honourable House of Lords who had not yet ejected the Bishops and others of the Loyal Nobility had animadverted and this Day it was Ordered That Lewis Hughs a Minister be sent for to attend this House to see if he will avow the making of a Book Intituled The Grievances and Errors of the Service-Book and that the Company of the Stationers do take Care to find out the Printer of the same Ordered Wall restored to his Place That Thomas Wall shall be restored to his former Imployment about the Vpper House of Parliament which although it is in the Gentleman Vshers disposure yet the Lords do presume that he will give way unto it by reason that his Dismission from the Imployment was by Order of this House for the reglect of his Duty to their Lordships only and the Business that concerned the House The Commons were still busy with the Declaration which having been the Work of many Daies and some Nights the Faction watching the opportunity of a thin House when most of the Loyal Party were tired and risen was at last brought to that perfection that it was Ordered to be Ingrossed A Motion was made for encouraging voluntary Contributions for the Relief of the poor English in the Kingdom of Ireland to which Sir John Packer presently gave 100 l. The Lord Brooks acquainted the Lord Thursday Novemb. 20. That he had informed the Venetian Ambassador with the Order of this House concerning Priests and Jesuits and the Ambassador saith he hath none that are the King 's Native Subjects if he had any such he would discharge them as for Father Jones and Father Andrews he saith he knows none such The Petition of Robert Philips the Priest was read Philips the Priest Petitions to be released from the Tower Craving Pardon for having presented formerly to their Lordships such Petitions as have not afforded expected Satisfaction which he humbly beseecheth may not be imputed to his backwardness but rather unto want of Experience in forming Petitions of that Nature And further he beseecheth their Lordships to believe that from his Heart he is
certainly nothing else can preserve us if you will Condemn us before you tell us where the Fault is that we may avoid it My Lords may your Lordships be pleased to have that regard to the Peerage of England as never to suffer your selves to be put upon those Moot-Points upon such Constructions and Interpretations and Strictness of Law as these are when the Law is not clear nor known If there must be a Tryal of Wits I do most humbly beseech your Lordships to consider that the Subject may be of something else then of your Lives and your Honors My Lords We find that in the Primitive time on the Sound and Plain Doctrine of the blessed Apostles they brought in their Books of Curious Art and burnt them My Lords it will be likewise under favour as I humbly conceive Wisdom and Providence in your Lordships for your felves and posterities for the whole Kingdom to cast from you into the Fire those Bloody and Misterious Volumes of Constructive and Arbitrary Treasons and to betake your selves to the plain Letter of the Statute that tells you where the Crime is that so you may avoid it and let us not my Lords be ambitious to be more Learned in those killing Arts then our Fore-fathers were before us My Lords It is now full Two Hundred and Forty years since any Man ever was Touch'd to this Height upon this Crime before my self We have lived my Lords happily to our selves at Home we have lived Gloriously Abroad to the World let us be content with that which our Fathers left us and let us not awake those Sleepy Lyons to our own Destruction by Ratling up of a Company of Records that have lay'n for so many Ages by the Wall Forgotten or Neglected My Lords There is this that troubles me extreamly lest it should be my Misfortune to all the rest for my other Sins not for my Treasons that my Precedent should be of that Disadvantage as this will be I fear in the Consequence of it upon the Whole KINGDOM My Lords I beseech you therefore that you will be pleased seriously to consider it and let my particular Case be so looked upon as that you do not through me Wound the Interest of the Common-Wealth For howsoever those Gentlemen at the Bar say They Speak for the Common-Wealth and they believe so yet under favour in this particular I believe I Speak for the Common-Wealth too and that the Inconveniencies and Miseries that will follow upon this will be such as it will come within a few Years to that which is exprest in the Statute of Henry the Fourth it will be of such a Condition that no Man shall know what to do or what to say Do not my Lords put greater Difficulty upon the Ministers of State then that with Chearfulness they may Serve the King and the State for if you will Examine them by every Grain or every little Weight it will be so heavy that the Publick Affairs of the Kingdom will be left waste and no man will meddle with them that hath Wisdom and Honor and Fortune to lose My Lords I have now troubled your Lordships a great deal longer then I should have done were it not for the Interest of those PLEDGES that a Saint in Heaven left me I would be loth my Lords here his Weeping stopt him what I forfeit for my self is nothing but I confess that my Indiscretion should Forfeit for them it wounds me very deeply You will be pleased to pardon my Infirmity something I should have said but I see I shall not be able and therefore I will leave it And now my Lords for my Self I thank God I have been by his Good Blessing towards me taught That the Afflictions of this present Life are not to be compared with that Eternal Weight of Glory that shall be Revealed for us hereafter And so my Lords even so with all Humility and with all Tranquility of Mind I do submit my self clearly and freely to your Judgments and whether that Righteous Judgment shall be to Life or to Death Te Deum Laudamus Te Dominum Confitemur And then lifting up his Hands and Eyes he said In te Domine confido ne confundar in Eternum Thus did this Great Mind deliver his Defence with a Grace and Action so unimitable and peculiar to himself as wrought Admiration and Compassion in his very Enemies at least for the present And pitty it is that it cannot be found in the power of Art to rescue that part of Eloquence which consists in Action from oblivion and had it been possible here would have been something besides the Words capable of Obliging Posterity and worthy of their Imitation for certainly as his very Enemies confessed He was one of the greatest Masters of Persuasion that Age or any other have produced My Lord having concluded his Defence Mr. Glyn addressing himself to the Lords spoke as followeth May it please Your Lordships MY Lord of Strafford as your Lordships have observed hath spent a great deal of time in his Evidence and in his course of Answering hath inverted the order of the Articles he hath spent some time likewise in defending the Articles not objected against him wherein he hath made a good Answer if in any We shall presume to withdraw a while and rest upon your Lordships patience and I doubt not but to represent my Lord of Strafford as cunning in his Answer as he is subtil in his Practice The Committee withdrawing for about the space of half an hour and then returning to the Bar Mr. Glyn proceeded as followeth My Lords Your Lordships have observed how the Earl of Strafford hath been accused by the Commons of England of High Treason for a purpose and design to subvert the Fundamental Lawes of both the Kingdoms of England and Ireland and to introduce an Arbitrary and Tyrannical Government The Commons have exhibited Articles in maintenance of that Charge My Lord of Strafford hath thereunto answered in Writing The Commons have proceeded to make good their Charge by proof and thereunto my Lord of Strafford hat made his Defence and this day my Lord of Strafford hath taken upon him to recollect his Evidence and make his observation upon it the most he could to his advantage My Lords We that are intrusted for the House of Commons stand here to recollect the Evidence on our part and to apply it to the general Charge and how far it conduces thereunto My Lord of Strafford in recollecting the Evidence of his Defence as I did mention before hath under favour exprest very much subtilty and that in divers particulars which I shall represent to your Lordships My Lords before I enter upon the recollection of the proofs produced on the behalf of the Commons I shall make some observations and give some answer to that recollection of his though very disorderly to the method I propounded to my self And First in general it will appear to your Lordships
and habit of a Priest and to read Prayers in a Church And not only so but became an Earnest Suitor to his Majesty for a Deanery viz. that of Canterbury notwithstanding his bringing in this Bill against Deans and Chapters and his bitter Invectives upon no other ground but report as he then confessed But being by the King justly denied this Preferment he again turned Apostate to his Royal Master to whom he had fled for Sanctuary indeavoured by mean submissions to reconcile himself to those whom he had called Rebels and Traytors but being by them rejected also he not long after Ended his Unfortunate Life in grief and contempt Neither was this rough procedure from the Abuses of the Function had they been real as most certainly they were false to go about utterly to Abolish the Office so well relished but that divers of those who had hitherto sailed by the Compass of the Faction began now to make a tack and stand off from those dangerous Rocks upon which they saw if they pursued that Course not only the Church but even all Religion and their own Consciences must inevitably suffer shipwrack as appears by a Speech of Sir Benjamin Rudyard's Book of Speeches pag. 103. which I find in the Book of Speeches and several others when the matter came to be debated at a Committee of the whole House Sir Benjamin Rudyard's Speech was as there I find it Printed as followeth Mr. Speaker I Do verily believe that there are many of the Clergy in our Church Sir Benjamin Rudyard's Speech about Episcopacy who do think the simplicity of the Gospel too mean a Vocation for them to serve in They must have a Specious Pompous Sumptuous Religion with additionals of Temporal Greatness Authority Negotiation Notwithstanding they all know better than I what Fathers Schoolmen Councels are against their mixing themselves in Secular Affairs This Roman Ambition will at length bring in the Roman Religion and at last a haughty Insolence even against supream Power it self if it be not Timely and Wisely prevented They have amongst them an Apothegm of their own making which is No Miter No Scepter when we know by dear experience that if the Miter be once in danger they care not to throw the Scepter after to confound the whole Kingdom for their Interest And Histories will tell us that whensoever the Clergy went High Monarchy still went Lower If they could not make the Monarch the Head of their own Faction they would be sure to make him less witness one Example for all The Popes working the Emperor out of Italy Some of ours as soon as they are Bishops adepto sine cessat Motus They will Preach no longer their Office then is to Govern But in my Opinion they Govern worse than they Preach though they Preach not at all for we see to what Pass their Government hath brought us In conformity to themselves They silence others also though Hierom in one of his Epistles saith that even a Bishop let him be of never so blameless a Life yet he doth more hurt by his Licence then he can do good by his Example Mr. Speaker It now behoves us to restrain the Bishops to the Duties of their Function as they may never moâ—â—hanker after heterogeneous extravagant Employments Not be so absolute so single and solitary in Actions of Moment as Excommunication Absolution Ordination and the like but to joyn some of the Ministry with them and further to regulate them according to the usage of Ancient Churches in the best Times that by a well-temper'd Government they may not have Power hereafter to corrupt the Church to undo the Kingdom When they are thus circumscribed and the Publick secur'd from their Eruptions then shall not I grudge them a liberal plentiful Subsistence else I am sure they can never be given to Hospitality Although the calling of the Clergy be all glorious within yet if they have not a Large Considerable outward Support they cannot be freed from Vulgar Contempt It will alwaies be fit that the flourishing of the Church should hold proportion with the flourishing of the Common-wealth wherein it is If we dwell in Houses of Cedar why should they dwell in Skins And I hope I shall never see a good Bishop left worse than a Parson without a Gleab Certainly Sir this superintendency of Eminent Men Bishops over divers Churches is the most Primitive the most spreading the most lasting Government of the Church Wherefore whilest we are earnest to take away Innovations Let us beware we bring not in the greatest Innovation that ever was in England I do very well know what very many do very fervently desire But let us well bethink our selves whether a popular Democratical Government of the Church though fit for other Places will be either sutable or acceptable to a Regal Monarchical Government of the State Every Man can say It is so common and known a Truth that suddain and great Changes both in Natural and Politick Bodies have dangerous Operations and give me leave to say that we cannot presently see to the end of such a consequence especially in so great a Kingdome as this and where Episcopacy is so wrap'd and involv'd in the Laws of it Wherefore Mr. Speaker my humble Motion is that we may punish the present Offenders reduce and preserve the Calling for better Men hereafter Let us remember with fresh thankfulness to God those glorious Martyr-Bishops who were burn'd for our Religion in the Times of Popery who by their Learning Zeal and Constancy upheld and convey'd it down to us We have some good Rishops still who do Preach every Lords-Day and are therefore worthy of double Honour they have suffered enough already in the Disease I shall be sorry we should make them suffer more in the Remedy Mr. Bagshaw reports the Case of Mr. George Walker a Factious Minister Walker the Eactious Ministers Case Reported upon which it was Resolved c. That Mr. George Walker 's Commitment from the Council Board for Preaching a Sermon Oct. 14. 1638. at St. John the Evangelists London and his detainment for the same 12 Weeks in Pecher the Messenger's hands is against Law and the Liberty of the Subject Resolved c. That the prosecution of the said Walker in the Star-Chamber for preaching the said Sermon and his Close Imprisonment thereupon for 10 Weeks in the Gatehouse and the payment of 20 l. Fees to the said Pecher is against Law and the Liberty of the Subject Resolved c. That the 5. passages marked out in the Sermon by Mr. Attorney and Sir John Banks contained no Crime nor deserved any Censure nor he any punishment for them Resolved c. That the Enforcing the said Walker to enter into the Bond of 1000 l. for Confinement to his Brother's house at Cheswick and his Imprisonment there is against Law Resolved c. That the Sequestration of the Parsonage of the said Walker by Sir John Lamb was
a Conscientious way and to yield to one another by the Rules of Charity for the publick Peace of the Church This solid course as it will allay the Heat and Precipitation of passionate Councils so it will have Authority in it self Honor in relation to other Forreign Churches and stability in these resolutions I will be bold to add another Motion that if we may be so happy to settle these troubles and scruples of tender Conscience by imbracing this only Counsel I could wish that an Intimation were made to all the Reformed Churches that if they please to send their Deputies and to assist in this Pious work they shall as Assistants be admitted And I hope there may arise from hence an occasion of re-uniting all the Protestant Churches at least in Fundemantals Leaving to every one a Christian Liberty in those Forms of Discipline which may be most agreeable to their Civil Government which would not only strengthen the General Cause of Religion but take away that strong objection of the publick Enemy of such a Division amongst our selves as make us appear outwardly to be twenty Churches or none at all for from this Branch of division and separation hath flown all the advantages both in the Estate and Church of the Papacy against the Reformation and the Princes professing one truth not fenced about with one Policy A Divine in the City gave his following Opinion upon these Particulars The Opinion of a City Divine concerning the Liturgy Church Government TO satisfie your Demands both Concerning the Liturgy and Episcopal Government First for the Book of Common Prayer it may be alledged 1. That God himself appointed in the Law a set Form of Benediction Numb 6.23 24 25 26. 2. That David himself set Psalms to be sung upon Special Occasions as the Title of them shewtth 3. That the Prophet Joel appointed a set Form of Prayer to be used by the Priest at Solemn Fasts Joel 2.7 4. That Christ not only Commands us to pray after such manner Matth. 6.9 But to use a set Form of words Luke 11.2 When you pray say Our Father 5. The Spirit of God is no more restrained by using a set Form of Prayer then by singing set Hymns or Psalms in Meeter which yet the Adversaries of our Common-Prayer practise in their Aslemblies 6. Of all Prayers premeditated are the best Ecclesiastes 5.2 7. And of premeditated Prayers those which are allowed by public Authority are to be preferred above those which are uttered by any private spirit 8. All the Churches in the Christian World in the first and best Times had their best Forms of Lyturgies wherof most are Extant in the Writings of the Fathers unto this day 9. Let our service-Service-Books be Compared with the French Dutch or any other Lyturgie prescribed in any of the Reformed Churches and it will appear to any indifferent Reader that it is more Exact and Compleat than any of them 10. Our Service-Book was Penned and allowed of not onely by many Learn'd Doctors but Glorious Martyrs who sealed the Truth of the Reformed Religion with their Blood Yet it cannot be denyed but that there are Spots and Blemishes naevi quidem in pulchro Corpore And it were to be wished so it be done without much Noyse 1. That the Kalendar in part might be reformed and the Lessons taken out of the Canonical Scriptures appointed to be read in the place of them for besides that there is no necessity of reading any of the Apocrypha for there are in some of the Chapters set in the Index passages repugnant to the Doctrine of the Holy Scriptures as namely in some Chapters in Tobit 2. That in the Psalms Epistles and Gospels all Sentences alledged out of the Holy Scriptures the last Translation of King James his Bible may be followed for in the former there be many Passages not agreeable to the Original as might be proved by many Instances 3. That in the Rubrick whereof of late the word Priest hath been instead of the word Minister it may be Expunged and the word Minister restor'd which is less Offensive and more agreeable to the Languages of all the Reformed Churches and likewise that some Abuses which seem surreptitiously to have crept into it be expunged as namely after the Communion every Parishioner shall Communicate and also shall receive the Sacraments and other Rites according to the Order of this Book appointed which words can carry no good Sence in a Protestant's Ears nor those added against Private Baptisme That it is certain by Gods Word That Children being Baptized having all things necessary for their Salvation be undoubtedly Saved 4. That in the Hymns instead of the Songs of the Three Children some others placed out of the Canonical Scriptures and that a fitter Psalm were chosen at the Churching of Women for those Verses He will not suffer thy foot to be moved and the Sun shall not burn thee by day nor the Moon by night seem not very pertinent That in the Prayers and Collects some Expressions were bettered as when it is said Almighty God which only workest great Marvels send down upon the Bishops c. And Let thy great Mercy loose them for the honour of Jesus Christ's sake And from Fornication and all other deadly Sin as if all other Sins were not deadly and that among all the chances of this mortal Life they may be defended c. 5. And in the Visitation of the Sick I absolve thee from all thy sins and the like 6. That in singing of Psalms Either the lame Rhymes and superfluous Botches as I say and for why and homely Phrases As Thou shalt feed them with brown Bread And Take thy Hand out of thy Lap and give thy Foes a Rap and Mend this Geare and the like may be Corrected or at the least a better Translation of the Psalmes in Meeter appointed in the place of the old Secondly for Episcopal Government it may be alledged 1. That in the Old Law the Priests were above the Levites 2. That in the Gospel the Apostles were above the Seventy Disciples 3. That in the subscription of St. Paul 's Epistles which are part of Canonical Scripture as it is said That Timothy was Ordained the first Bishop of the Church of the Ephesians That Titus was Ordeined the second Bishop of the Church of the Ephesians That Titus was Ordained the first Bishop of the Church of the Cretians 4. That if Episcopal Ordination and Jurisdiction hath express Warrant in Holy Scripture as namely Titus 1.5 For this Cause left I thee in Crete that thou should'st set in order things that are wanting and Ordain Presbyters that is Ministers in every City And 1 Tim. 5.22 Lay hands suddenly on no man And Vers 19. Against a Presbyter or Minister Receive no Accusation but under two or three Witnesses 5. The Angels to whom the Epistles were indorsed 2 3. of Apoc. are by the Vnanimous Consent of all the best
Instructions were read in haec verba YOV shall be careful to Express to the Commissioners of Scotland His Majesties Gracious Acceptance Instructions to the Commissioners appointed to treat with the Scots Commissioners concerning assistance for Ireland and the thanks of both Houses of Parliament for their readiness to assist this Kingdom against the Rebels of Ireland You shall receive the Answer of the Parliament and State of Scotland concerning the 5000 Men which we formerly desired might be sent from thence into Ireland and upon what Conditions of Imprest Mony for raising of them and Wages for their Entertainment or otherwise how they shall be sent Furnish'd and Transported for His Majesties Service and the assistance of this Kingdom against the Rebellious Irish And you shall by the best Ways and Means you can Expedite the Raising and Sending over of these Men. These Instructions the House agreed to but because it was conceived they were short in one particular the Lords thought fit this Aâ—dition following should be made unto them viz. You shall from time to time before you grow to any perfect agreement give an account of what is propounded in this Treaty unto His Majesty and the two Houses of Parliament and receive their Directions before you come to any binding Conclusion Which was accordingly the next day Voted in the Commons House to be added to the said Commissioners Instructions The Lord Steward delivered in a Petition from Huntingdon-shire touching Episcopacy which was in these Words To the Right Honorable The Huntingdon-shire Petition for Episcopacy c. delivered Decemb 8. 1641. the Lords and Commons Assembled in Parliament The Humble Petition and Remonstrance of the County of Huntingdon for the continuance of the Church-Government and Divine Service or Book of Common Prayer Sheweth THat whereas many Attempts have been practised and divers Petitions from several Counties and other Places within this Kingdom framed and Penned in a close and subtile Manner to import more then is at first descernable by any ordinary Eye or that was imparted to those who signed the same have carried about to most Places against the present Form and Frame of Church-Government and Divine Service or Common Prayer and the Hands of many Persons of ordinary Quality solicited to the same with Pretence to be presented to the Honorable Assembly in Parliament and under colour of removing some Innovations lately crept into the Church and Worship of God and reforming some Abuses in the Ecclesiastical Courts which we conceiving and fearing not so much to aim at the taking away of the said Innovations and Reformation of Abuses as tending to an absolute Innovation of Church Government and Subversion of that Order and Form of Divine Service which hath happily continued among us ever since the Reformation of Religion out of a tender and zealous regard hereunto We have thought it our Duty not only to disavow all such Petitions but also to manifest our Publick Affections and Desires to continue the Form of Divine Service and Common Prayers and the present Government of the Church as the same have been continued ever since the first Reformation and stand so established by the Laws and Statutes of this Kingdom For when We consider That the Form of Divine Service expressed and contained in the Book of Common Prayer was with great Care Piety and Sincerity revised and reduced from all former Corruptions and Romish Superstitions by those holy and selected Instruments of the Reformation of Religion within this Church and was by them restored to its first purity according as it was instituted and practised in the Primitive Times standeth Confirmed Established and Injoyned by Act of Parliament and Royal Injunction and hath ever since had the general Approbation of the Godly and a publick Use and continuance within this Church And that Bishops were instituted and have had their being and continuance ever since the first Planting of Christian Religion among us and the rest of the Christian World that they were the Lights and glorious Lamps of God's Church that so many of them sowed the Seeds of Christian Religion in their Bloods which they willingly pouered out therefore that by them Christianity was rescued and preserved from utter extirpation in the fierce and most cruel Persecutions of Pagan Emperors that to them we owe the Redemption of the purity of the Gospel and the Reformation of the Religion we now profess from Romish Corruption that many of them for the propagation of that Truth became glorious Martyrs leaving unto us an holy Example and an honorable Remembrance of their Faith and Christian Fortitude that divers of them lately and yet living with us have been so great Assertors and Champions of our Religion against the common Enemy of Rome and that their Government hath been so Ancient so long Approved and so often Established by the Laws and Statutes of this Kingdom and as yet nothing in their Doctrine generally taught dissonant from the Word of God or the Articles Established by Law and that most of them are of singular Learning and Piety In this Case to call the Form of Divine Service and Common Prayers Erronious Popish Superstitious Idolatrous and call the Government by Bishops a perpetual Vassalage and intolerable Bondage and at the first Step and before the Parties concerned be heard to pray the present removal of them or the utter Dissolution and Extirpation of them their Courts and their Officers as Antichristian and Diabolical we cannot conceive to savor or relish of Piety Justice and Charity nor can we joyn with them herein but rather humbly pray a Reformation of the Abuses and Punishment of the Offenders but not the Ruin or Abolition of the Innocent Now on the contrary when We consider the Tenor of such Writings as in the Name of Petition are spread among the Common People the Contents of many printed Pamphlets swarming at London and over all Countries the Sermons preached publickly in Pulpits and other private Places and the bitter Invectives divulged and commonly spoken by many disaffected Persons all of them shewing an extreme averseness and dislike of the present Government of the Church and Divine Service or Common Prayers dangerously exciting a Disobedience to the established Form of Government and Church Service their several Intimations of the desire of the Power of the Keys and that their Congregations may be independent and may execute Ecclesiastical Censures within themselves whereby many Sects and several and contrary Opinions will soon grow and arise whereby great Divisions and horrible Factions will soon insue thereupon to the Breach of that Union which is the sacred Bond and Preservation of the Common Peace of Church and State their peremptory desires and bold assuming to themselves the Liberty of Conscience to introduce into the Church whatsoever they Affect and to refuse and oppose all things which themselves shall dislike and what they dislike must not only to themselves but also to all others be Scandalous
for the present being not very welcome These People notwithstanding the rebuke which Sir Thomas Aston had met with for a Petition of this Nature yet in the midst of these wicked Times durst be honest and publickly avow themselves so which was far more The Petition as I find it in a Collection of Petitions printed afterwards by his Majesties Command at York to let the World see that a very considerable Part of the Nation was utterly against the pretended Reformation was as follows To the King 's Most Excellent Majesty and to the Right Honorable the Lords and the Honorable the House of Commons Assembled in Parliament The Humble Petition of divers of the Nobility Justices Gentry Ministers Freeholders and other Inhabitants of the County Palatine of Chester whose Names are contained in the Schedule Annexed YOur Petitioners with all Cheerfulness and Contentation The Cheshire Petition for the Common Prayer and suppression of Schismaticks c. affying in the happy settlement of the Distractions both of Church and State by his Majesties pious Care and the prudent and religious Indeavors of this Honorable Assembly and with due Humility and Obedience submitting to the unanimous Conclusions thereof yet conceive themselves bound in Duty Humbly to represent to your mature Considerations That the present Disorders of many Turbulent and Ill-disposed Spirits are such as give not only Occasion of present discontent to your Petitioners but seem to import some ill event without early prevention The pure Seed of our Faith the Doctrine of the Reformed Protestant Religion Established by so many Acts of Parliament and so harmoniously concurring with the Confessions of all other Reformed Churches being tainted with the Tares of divers Sects and Schismes lately sprung up amongst Vs Our Pious Laudable and Ancient Form of Divine Service composed by the Holy Martyrs and worthy Instruments of Reformation Established by the prudent Sages of State your religious Predecessors honored by the Approbation of many learned Foreign Divines subscribed by the Ministry of the whole Kingdom and with such general Content received by all the Laity that scarce any Family or Person that can read but are furnished with the Books of Common Prayer in the conscionable Vse whereof many Christian Hearts have found unspeakable Joy and Comfort wherein the famous Church of England our dear Mother hath just Cause to Glory and may She long flourish in the Practise of so blessed a Liturgy * * This the Reader will see presently in a Petition by Dr. Burgess c. of this Day Yet it is now not only depraved by many of those who should teach Conformity to Established Laws but in Contempt thereof in many Places wholly neglected All these dayly practised with Confidence without Punishment to the great dejection of many sound Protestants and occasioning so great insultation and rejoycing in some Separatists * * The true temper of the Separatists and Schismaticks from their first original to this Day as they not only seem to portend but menace some great Alteration and not containing themselves within the Bounds of Civil-Government do commit many tumultuous if not Sacrilegious Violences both by Day and Night upon divers Churches Therefore your Petitioners being all very apprehensive of the dangerous Consequences of Innovation and much scandalized at the present Disorders Do all unanimously Pray That there be admitted no Innovation of Doctrine or Liturgy that Holy Publick Service being so fast rooted by a long setled continuance in this Church that in Our Opinion and Judgments it cannot be altered unless by the Advice and Consent of some National Synod without an universal Discontent and that some speedy Course be taken to suppress such Schismaticks and Separatists whose factious Spirits do evidently indanger the Peace both of Church and State And Your Petitioners shall ever Pray c. Signed by Lords Knights Justices of the Peace and Esquires 94 By Gentlemen of Quality 440 By Divines 86 By Free-holders and others in all 8936 In all 9556 And in regard their Piety and Loyalty deserves a place in the Records of time and that in these Petitions the Reader will see the Temper and Genius of these Seditious and Turbulent Sectaries and Schismaticks the very Pests of Church and State the main Occasioners Managers Promoters Contrivers Encouragers Supporters and Conductors of this most Execrable Rebellion from its first Original till its last fatal Period most accurately pointed out in the just and too modest complaints of these Petitions for the Times and Persons would not bear truth unless apparelled in the most submissive Garb and Posture I will here subjoyn Sir Thomas Ashton's Petition which was presented to the Lords and for which he received a smart rebuke and narrowly escaped a Prison which I should have done in its proper place had this Collection of Petitions then come to my hands The Petition was as follows To the High and Honorable Court of Parliament The Nobility Knights Gentry Minsters Freeholders and Inhabitants of the County Palatine of Chester whose Names are Subscribed in several Schedules hereunto Annexed Humbly Shew THat whereas divers Petitions have lately been carried about this County against the present Form of Church Government The Cheshire Petition delivered to the House of Lords by Sir Thomas Ashton and the hands of many Persons of ordinary Quality sollicited to the same with pretence to be presented to this Honourable Assembly which we conceive not so much to aim at Reformation as absolute Innovation of Government and such as must give a great advantage to the Adversaries of our Religion We held it our Duty to disavow them all and humbly pray That we incur no mis-censure if any such Clamours have without our privity assumed the Name of the County We as others are sensible of the common Grievances of the Kingdom and have just cause to rejoyce at and acknowledge with thankfulness the pious Care which is already taken for the suppressing of the Growth of Popery the better to supply able Ministers and the removing of all Innovation and we doubt not but in your great Wisdoms you will regulate the Rigor of the Ecclesiastical Courts to suit with the Temper of our Laws and the Nature of Free-men Yet when we consider That Bishops were instituted in the time of the Apostles that they were the great Lights of the Church in all the first General Councils that so many of them sowed the Seeds of Religion in their Bloods and rescued Christianity from utter Extirpation in the Primitive Heathen Persecutions That to them we ow the Redemption of the purity of the Gospel we now profess from Romish Corruption that many of them for the propagation of the Truth became such Glorious Martyrs that divers of them lately and yet living with us have been so great Assertors of our Religion against the Common Enemy of Rome and that their Government hath been so long approved so oft Established by the Common and Statute Laws of