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A45188 An argument for the bishops right in judging capital causes in parliament for their right unalterable to that place in the government that they now enjoy : with several observations upon the change of our English government since the Conquest : to which is added a postscript, being a letter to a friend, for vindicating the clergy and rectifying some mistakes that are mischievous and dangerous to our government and religion / by Tho. Hunt ... Hunt, Thomas, 1627?-1688. 1682 (1682) Wing H3749; ESTC R31657 178,256 388

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compensation may be given to the Crown and some way will be found out for Augmentation of Vicaridges and reindowment of Churches that lost all in that unparrallel'd Sacriledge committed by the unsatiable Avarice of that haughty and luxurious Prince These designs employ the care of a great Number of our principal gentlemen to purge the sin and dishonor brought upon the Nation by that extraordinary King But if there were reason for any fear that the Nation could again incur the guilt of sacriledge What Warranty can this give to any of her Clergy to slack or abate the Zeal that is due for the purity of her Doctrine prudence of her discipline and her commendable decent and intelligible devotion Are they worthy to be named of her that are ready to dissert her out of fear of a remote possibility that she may not always have such largesses as she now bestows upon her Sons Will they prefer the gift to the Altar and declare all their godliness to be gain To suffer Popery for such a consideration to be induc'd upon her is a far worse and more detestable sacriledge than that they pretend to fear This is to make the Anathemata of the Temple to inserve to the dishonor of the Numen To desecrate the Altar for the sake of the gift and will by the just judgment of God I fear bring the abomination of desolation again into our holy places Let none of her Sons for the obtaining a dignity or a capacity for a double benefice betray her by neglecting her interest thinking with themselves that she will otherwise be supported for this their doings is no less than the sin of Judas who took money to betray our Lord imagining that he would by a Miracle rescue himself from the hands of those to whom he sold and betray'd him The honest of our Clergy will have little satisfaction when that day comes when they shall be reduc'd to Prayers and Tears if they are failing in any thing that they may lawfully do to prevent that miserable State Their Tears will be as water spilt upon the ground and their Prayers wiil never find acceptance with God nor be returned into their own bosom Disce Miser pigris non flecti numina votis Proesentemque adhibe dum facis ipse Deum But above all those fine men are not to pass unreproved who are preparing Pretences for their Revolt to the Roman Church They tell us that the Reformation is depraved and Popery it self is much amended since the Reformation that it is not so grosly superstitious tho her superstitions are still enough to stifle Religion nor so fabulous in her Legends she need make no new ones since she gives Authority still to the old nor so imposterous in her cheats for her Priests have not been hocus pocuses of late us'd so many tricks of Legerdemain and presented their puppey plays of moving squeaking images since the Reformation as before But they may know that the reason why we have not maintained the dignity of the Reformation intire is this for that Popery hath not been utterly extirpated from amongst us tho their frequent Treasons and their notorious seductious have deserved it By its continuance amongst us and the resorts of their Priests hither it hath created and fomented divisions amongst us and corrupted her Children from their obedience to her guidance and instructions but she her self is still the same she was the Reformation of the Church is still intire She hath made good her departure from the Church of Rome her Adversaries have not been able to convict her of any fault therein and by an easie victory she hath triumphed over all their oppositions And tho Popery appear not altogether so deformed by her Priests Artificial dress and the Representations they make of her to seduce us and entice us to come again under her yoke yet we know she hath more established her Tyranny by the Council of Trent and more corrupted her Morals by her modern Casuists since the Reformation and thereby hath rendred her self more detestable and for ever to be avoided But though it may be true that the Popish world is beholden to the Reformation and Popery it self is thereby amended in some overt things and reformed in those Countries that have not reformed from her For in the Light of the Reformation they have seen Light and have been ashamed of some of their works of darkness do not bring into present use some of their gross Impostures and some worse than Pagan superstitions Yet when this Light is extinguished it will be a most dismal and eternal Night upon the Christian world If we return to her our Ears will be bor'd and we shall be irredeemably enslaved The spirit of Popery if it returns and possesseth us again that hath been walking in the reformed Countries as in dry places seeking Rest and finding none and finds us thus swept and garnished will bring with it seven Devils more wicked than it self and our last estate will be worse than the first The Pride Cruelty and Avarice Domination and Luxury of their Priest-hood will be aggravated upon us and the minds of the Laity more lowly depressed by superstition and ignorance The Gospel of Cardinal Palavicini will be the Canon of the Christian Religion or it may be something worse for who can tell what will be the Religion that that Church will offer in process of time to the World under the Christian Name When the Pope by his pretended infallibility may make the Christian Religion what he please by interpreting adding altering or detracting with an uncontroulable Authority For us therefore to become Papists to return to the Church of Rome acknowledge the Popes infallibility there is no other way to become Papists is virtually to betray the Christian Faith to renounce our Allegiance to our Lord Christ to prefer the Bulls of a Prophane Pope to the Holy Oracles of God and the Revelation of Jesus God Blessed for ever With this Religion therefore we can never make an accommodation We may as well make a Covenant with Hell This as Dr. Jackson one of the glories of the Church of England in his Book call'd the Eternal Truth of Scriptures vehemently admonisheth us admits no terms of Parly for any possible Reconcilement whose following words to this purpose I shall here transcribe The natural separation of this Island from those Countries wherein this Doctrine is professe shall serve as an Everlasting Emblem of the Inhabitants divided Hearts at least in this point of Religion And let them O Lord be cut off speedily from amongst us and their posterity transported hence never to enjoy again the least good thing this Land affords Let no print of their Memory be extant so much as in a Tree or Stone within our Coast Or let thir Names be such as remain here after them be never mentioned or always to their Endless shame Who living here amongst us will not imprint these or the like wishes in their Hearts and daily mention them in their Prayers Littora Littoribus contraria fluctibus undas Imprecor arma armis pugnent ipsique Nepotes which he thus renders Let our forain Coasts joyn Battel in the Main Ere this fowl Blasphemy Great Britain ever stain Where never let it come but floating in a Flood Of our our Nephews their Childrens Blood I shall only subjoyn my hearty Desires and Prayers that we may all fear God and be zealous for his true Religion Honor the King and firmly adhere to the Government and in our several places steadily oppose and resist those Villains that are given to change And that by our Union we may defeat the crafty Designs of our cruel and implacable Enemies who if they can continue those Divisions they have made amongst us by their wicked Arts will certainly at length destroy us Who are bent upon our Destruction though they themselves perish with us and we cease to be a Nation and our Language be forgotten in a forain Captivity Sir Now I have given you my Answer to your Reasons to disswade me from publishing the Argument for the Bishops by representing how few of the Clergy can with Reason be thought guilty of Opinions so mischievous to the Church and State which you charge to have generally corrupted them and how easily and with little consideration they will be laid aside by them I will make no other Apology for the publishing this than that I have communicated these thoughts to no Man alive either of the Church of England or any other Demomination or consulted any Mans advice about it That I can serve the design of no party of men herein nor any particular design of my own I wish they can be serviceable in the least Degree to publick Good I have had them by me a great while and have consider'd them under the several Varieties of Temper that our Bodies are disposed to which induce different thoughts and various Apprehensions in most things under the several passions that the fluctuation of publick Affairs have occasioned under the Ebs and Flows of Hopes and Fears in reference to the state of the Kingdom for some length of time And finding them to have the same appearance and to give me the same satisfaction in all the several Postures and Views that I could take of them I assure my self I was sincere when I thought and that they result meerly from my Judgment such as it is uncorrupted that I am not perverted or biased by any secret passion or desire of any sort which many times lurk and steel upon us deceive us unawar's and undiscernedly abuse us Sir the Summ of my Apology is this that I know my self sincere of honest Intentions mov'd by nothing but a hearty love and affection to our King Religion and Country and for what any man shall think of me I am not Solicitous Yours T. H. FINIS
the King for that office the best of those they know which are many times most unfit But this may be remedied when his Majesty shall please to give leave to the Clergy of the Diocess to choose their own Diocesan their Choice notwithstanding submitted to the Kings approbation and Confirmation which was permitted by Justinian the Emperor and was in use in several of the best Ages of the Church or by some other method which may be advised by his great Council whereby the greatest assurance may be given that the best and fittest persons be preferred to Bishopricks for the Common people are envious and suspicious and what ever may be done by bad means they always think is so But if Bishops were promoted to their Sees with the gratulations and applauses of the whole body of the Clergy of the respective Diocesses all that passeth under their advice and consent would likely meet with the general satisfactions of the people as it would well deserve as long as the Clergy can have any Authority with them That is as long as the Nation continues Christian But the general Corruption of Manners and decay of Piety is the great and truest cause why the Bishops unenvied enjoy no part of that honour that our Ancestors Wisdome and Piety conferred upon their order conformably to all other the Ancient Christian Governments But when Virtue and Piety shall recover their esteem the reverence of the Clergy will return We are not like long to expect this happy Change for Vice is now arrived to a Plethora and like to burst by its own excesses And we well hope that the mischiefs which we suffer will cure that evil from whence they spring and prevent the greater Calamities that it further threatens However it becomes all good men to assist to support the present Government which is the cheapest the surest and the next way to arrive at a happy constitution of things This was the design of the Author of the Grand Question After the publication of that Book I laid by all thoughts of publishing this Treatise But perceiving that notwithstanding what he hath said the Right yet remains controverted and a Book is since printed wherein several things are objected in prejudice of this Right and more is expected I did review these Papers wherein I found I had prevented those objections and with a little application they would appear insignificant I did resolve to make this publick And besides that I apprehended some things material to the Question were omitted by the Grand Question that a several way of speaking things to the same purpose hath its advantage Our great Courts affect to have several arguments on the same side in great Causes and our Reporters publish them Besides herein several things are occasionally discourst of which makes it of further usefulness to the publick Our adversaries also were treated too kindly by him and had deserved sharper reflections than he makes upon them for their false and perverse Reasonings and ought to lose that reputation which they abuse to the hurt of the Government And further I thought it not for the honour of our faculty that never fails to supply the worst cause with Advocates That a question of this Nature wherein both Church and State Religion and our Civil Policy is concerned and the Right thereof not only clear and evident in it self but also useful to the State should have not one of the Robe to plead for it The friends of the Cause will not grudge to read two Books for the Right as well as several against it and the Adversaries of our Cause ought to suffer the like trouble themselves which they occasion to others These Considerations did induce me to publish this Treatise I am well pleased that I am ingaged in a good Cause that was suited to one of my slender Abilities Right is so strong an Argument for it self that it wants only light to discover it Whereas an unrighteous cause stands in need of disguisings and shadowings and all the Artifices and fetches of the Wit of abler men to give that a Colour at least which is destitute of Law and Right THE CONTENTS CHAP. I. THe Nature of the Right the obligation to use it the obvious indications of it and the benefit which may be reasonably expected in the exercise of it How it came to be drawn into question and how it can be fairly determined how it hath been opposed and upon what Reasons and Evidence the Right doth rely Chap. II. The general prejudice against this Right from an Opinion conceived that the Clergy ought not to intermeddle in Secular Affairs remov'd That Bishops have been employed in the greatest trusts by Emperors not hindred by the Church but this hath been envy'd to them by the Pope Chap. III. The Precedents that are produc'd from the Parliament Rolls against this Right are considered They prove not pertinent at most but bare Neglects not Argumentative or concluding against the Right Chap. IV. This Right cannot be prejudic'd by non user The Nature of Prescription that the Right in question is not prescriptible The Original of this Right that it is incident to Baronage The Bishops when made Barons and for what reason That all Offices whether by Tenure or Creation are Indivisable Chap. V. Bishops never pretended the Assise of Clarendon when said to be absent Bishops sat in Judgment upon Becket and his Crime and Charge Treason by which it is demonstrated that the Assise of Clarendon only put them at liberty but not under restraint from using their Right of Judging in Capital Causes Chap. VI. Bishops sat in Judgment upon John Earl of Moreton after King John the Bishop of Coventry c. for Treason Chap. VII An Opinion prevail'd and continued long that no Judgment in Parliament where the Bishops were absent was good and their absence assigned for Error to reverse Judgment in Treason in Parliament prov'd by the Petition of the Commons 21 R. 2. upon their protestation made 11 R. 2. And by that protestation it is evident they had a Right and that they saved it by that protestation They pretended they could not attend the matters then treated of by reason of the Canon But alledged no Law for their absence Chap. VIII Of Canons Canon law What effect Canons can have upon a Civil Right The Canons prohibiting the use proves the Right Chap. IX Bishops made their Proxies in Capital Causes which proves their Right and their thereby being virtually present and the lawfulness of making Proxies and such as they made Chap. X. A Repeal of the Parliament 21 R. 2. No prejudice to what the Bishops did in making their Proxies The Opinion of Bishops presence being necessary in Parliament continued in time of H. 5. Chap. XI Bishops actually exercised this Authority in 28 H. 6. in the Case of William de la Pool Duke of Suffolk Opinion of the Judges that Bishops ought to make Proxies in the Tryal of a
will take notice of nothing that is faulty in this Case but that this proceeding tends to abridge freedom of speech in Parliament which he loved from his youth which we do not blame in him As he did also to talk against Bishops which he cannot depart from when he is old But in the first of Hen. 4. this Judgment of Attainder was repealed and annull'd as he himself tells us Fol. 25. And here the Lords Spiritual were Judges which must be remark't for the honour of their Order that though they were the pars laesa by that fault such as it was yet notwithstanding they concurred readily to the repealing the Judgment But by this it appears that the Bishops did agreeable to their rightful Authority sit in Judgment in Parliament in capital Causes and therefore in consequence because it is a Case of his own production he ought to allow that the Bishops might have had Session in the Repeal of the Attainder of Roger Earl of March if it had been or could have been repealed by Judgment or a judicial Act of the Lords House For will this renownedly wise-man for avoiding of this his own testimony which he hath justly produced though it proves to testify against himself say that the Bishops can be present at repealing of a Judgment of Condemnation but not present at confirming any Doth not it in this proceeding come before them in Judgment and consideration Whether the sentence shall be repealed or affirmed and is not this with a witness a question of blood The Judgment being upon an appeal or review must be final peremptory and decretory and is more a question of blood than the Cause can be reckoned and deem'd to be upon the first Instance Or doth he think fit that there should be two sorts of Judges appointed a hanging Judge and a saving Judge if he doth I am sure he will not be able to find an employment for a just Judge So that I think to all men that can consider we have sufficiently vacated that testimony that the Cases of the Earl March and Haxey's seem'd to give against us and they are fairly come over to our side And we have provided herein sufficiently for the recovering of all men into an indifferency against the Prejudices this Octavo by its great Esteem hath done to their Judgments The Third Precedent is 15 E. 3. That Parliament was declared to be called for the Redress of the breach of the Laws and of the Peace of the Kingdom and as the Octavo hath it Fol. 8. because the Prelates were of opinion that it belonged not properly to them to give Councel about keeping the peace nor punishing such evils they went away by themselves and returned no more saith he but that is out of the Record so ready this Authour in Octavo is to shut them out of the House but I pray would not the Temporal Lords if the King had consulted the Parliament in matters Ecclesiastical have in like manner departed but would such departure of the Temporal Lords exclude them from having any thing to do in the Affairs of the Church Why then are the Bishops treated in their Right so unequally And this must serve for an Answer to the Folio p. 17. where he is very large in reciting Records of process and Proclamation against the Earl of Northumberland agreed only by Lords If a Liturgy or book of Canons were to be established by Law the Bishops certainly would have the forming of them The Octavo saith that Commissions were then framed by the Counts Barons and other Grants and brought into Parliament but no Bishop was present so much as to hear the Commissions read because they were to enquire into all Crimes as well Capital as others And for affirming this for all that can appear to us he only consulted his Will and pleasure like an honest man to the cause he defends for he hath not told us from any Record what the Nature of these Commissions were But we observe that though this Parliament was called for matters of the peace yet the Bishops had their Summons and it was not a Parliament excluso Clero The Bishops it seems upon the opening of the Parliament and the causes of convening modestly it seem'd declared that they were not competent as not perhaps studied in Pleas of the Crown or perhaps had not been so observant in fact of the matters of grievance What harm in all this they that cannot propound may judge of Expedients propounded and so did they for it doth appear by the Record 6 E. 3. N. 3. that the Results of the Temporal Lords were approved in full Parliament by the King Bishops Lords and Commons which the Folio agrees But it seems modesty is a dangerous thing and not to be forward to judge and determine though the matter be not understood may be a good Cause to turn a Judge out of his Office and forfeit his Judicature Besides the principal business of this Parliament was Legislation in which the Prelates have an undisputed Right of Session and may they not advise upon what they make into a Law May not they consider of the matter that is to pass into a Law in all the steps it makes But it is admirable what the Folio Book saith viz. that by this Record it is evident that the Prelates have no judicial power over any personal Crimes which are not Parliamentary I suppose he means Crimes not debated in Parliament This doth very much fortify the foundations and grounds of his discourse What are the grounds of his discourse I shall never be able to find out except it be an over-weening Opinion of himself to meddle with these matters which seem too high for him and to which the reading of my Lords Cooks Institutes and the broken Commentaries of the Law will never render any man competent It s true the Bishops have never any power and Cognizance of any Causes except they are commissionated thereto out of Parliament But as true it is of the Temporal Lords and therefore whatsoever advantage this will do his Cause with all my heart let him take it The next Case produced as a Precedent for them is the Case of Sir William de La Zouch and Sir John Gray for a quarrel in the Kings presence they were both committed to the Tower and after brought into Parliament no Bishops there It is a Case that could not be judged there neither was it but one of them was discharged because no probable matter of offence against him and the other remanded to the Tower I suppose to be proceeded against as the Law required Is this cause I pray to his purpose have not the Prelates judgment in causes of Trespass that properly come before that House by his own Confession And yet the Octavo remarks here that no Bishops were present to judge so much as of a Battery though the Record warrants him to say only an Assault But out of his great
redigerent Quod cum factum fuisset praecepit Rex Archiepiscopis Episcopis ut sigilla sua apponerent scripto illi cum caeteri proni essent ad faciendum Archiepiscopus Cantuariensis juravit quod nunquam scripto illi sigillum suum apponeret nec leges illas confirmaret If this was not an encroaching Royall power there was never any such fault when he was grown so great that the King himself must supplicate that the great men of that time though passionataly interceding on the behalf of the King could obtain no peace for the King That an Ambassadour from the Pope and Cardinals must be sent to command him to be reconciled to the King That he did make a shew of being the Kings friend and did promise to be at peace with the King and keep his Laws at the Popes Command But of this too he soon repented and said he would sin no more Was not this man a Traytor at Common Law before the 25 of Ed. 3. doth not the reason of the Government declare and pronounce him so And doth the Octavo Author think that a Parliament would not use the declarative power by that Statute reserved to declare such offences as these Treason If the like case should happen would not he himself be the likelyest man to be formost in the impeachment But Gervasius Dorobernensis goes on and tells us that afterwards Becket did voluntary penance for the aforesaid promise made to the King and of his submission to his Laws and stood out in disobedience That the King did cast about and study quomodo vel qua arte constantiam Archiepiscopi conterere valeret vel elidere virtutem Col. 1388. But see in what respectful terms their Author in the meantime speaks of this Becket We may be sure we can have nothing from them that is true if it makes the Cause of this contumacious rebellious man bad But at last the Kings patience is turned into Anger For Gervasius goes on Col. 1388. and saith Timens autem Rex Angliae ne impune manus ejus Cantuariensis Episcopus evaderet jam edoctus multiplici Cogitatione pravorum Eruditione quibus eum pravitatis laqueis innodaret Praecepit Praesules Proceres Regni apud Northamptonian unà cum Archiepiscopo ipso convenire qui cum tertia die convenissent Archiepiscopus in multis est accusatus And no man can believe his accusation was less than Treason that will believe what is said by all Historians of Beckets Rebellious behaviour against the King and the Kings anger conceived his threatning him with death and the convening of this Parliament lest he should escape unpunisht And especially that will observe the partiality of this Gervasius against the King and in favour of Becket For he said as is before observed and cited that now the King was edoctus multiplici cogitatione that now the King with much thought and the Advice of wicked men was instructed how he might ensnare him with evil Arts and for that purpose this Parliament was convened And yet in particular this Gervasius and Fitz-Stephen his faithful friend who accompanied Becket in his troubles mentions only two faults whereof he is accused viz. of injustice in the Case of John the Marshall and of his own Contumacy in not obeying the Kings Summons Fitz-Stephen Hoveden and Gervasius tell us that to the two particulars Becket made his defence Gervasius and Hoveden tells us what defence he made which the Octavo hath faithfully transcribed to do him right I wish he had observed the whole story then he would have saved me this trouble of bringing it into the view of the World The Article wherein he is charged for not doing Justice to John Marshall is answered by laying the fault upon Marshall himself for abusing the Court bringing veterum Cantuum Codicillum to swear upon refusing to swear sub Evangelium ut moris est The other Article he answered proving by two sufficient Witnesses that it was sickness hindred him and not any contempt Very sufficient Answers to those two Articles and certainly the Parliament that was called only for to punish Becket might have well acquitted him and returned home and a weighty cause this was to convene a Parliament But these were but two of those many things for multis est accusatus saith Gervasius and of the least offence besides that they were fully answered in any mans judgment that hath read the Story of Becket of which he stood accused By what I have here transcribed it appears that he was certainly guilty of Treason That the Parliament was called to punish him The King was enraged and that justly and therefore he was most certainly accused of Treason Gervasius goes on and tells us that his rationibus meaning that he offered in excuse of himself in the business of Marshall and his own contempt Archiepiscous excusari non potuit sed Curiali judicio Assensa Episcoporum condemnatus est ita ut omnia ejus bona in misericordia Regis ponerentur And yet the prosecution went on The Bishops are consulted with by Becket how he should behave himself Thus Gervasius tells us Coll. 1398. You may best understand the Nature of the prosecution and Beckets danger by the advice of some of his Suffragan Bishops The Bishop of London thus adviseth Si pater inquit recolis unde te Dominus Rex sustulit quid tibi contulit consideratâ temporum malitiâ quam Ruinam Ecclesiae nobis omnibus paraveris si in his Regi resistere volueris non solum Archiepscopatui Cantuariae sed in decuplo si tanti fuerit cedere deberes Could all this danger grow from less than Treason Could a bare neglect to answer a Summons where he excused his default sufficiently or refusing to proceed in the Case of Marshall for that he did presumptuously trifle with the Court and prophanely offered to be Sworn upon a song-Song-book put the whole Church and himself in danger big enough to be redeemed with ten times the value of the Bishoprick of Canterbury The Bishop of Lincoln speaks in Gervasius these Words Patet inquam vitam istius hominis sanguinem quaeri necessario alterum horum erit aut Archiepiscopatui aut vitae cedendum The Bishop of Exeter thus Palam est quoniam dies mali sunt si possumus sub dissimulationis umbrâ hujus tempestatis impetum pertransire illaesos And after he saith satis est unum Caput in parte periclitari quam totam Anglicanam Ecclesiam inevitabili exponere discrimini The Bishop of Worcester saith Gervasius being asked what he thought ita temperavit Responsum ut negando palam secerit quid animi haberet The Bishop of Ely was sick The Bishop of Norwich the same Author saith excused himself secreto asserens Eliensem foeliciter adeò defensum quod ipse vellet simili plagâ percelli for he had heard saith our Author quid Rex conceperat contra Cantuariensem Becket not
govern as he pleaseth that the power of the Laws is solely in him that he may if he please use the consent of Parliaments to assist the reason of his Laws when he shall give any but it is great condescention in Kings to give a reason for what they do and a diminution to their most unaccountable Prerogative You say That they are for a Popish Successor and no Parliament and do as much as in them lies give up our antient Government and the Protestant Religion the true Christian Faith to the absolute will of a Popish Successor giving him a Divine Right to extirpate God's true Religion established amongst us by Law and to evacuate our Government by his absolute pleasure Our Government by a King and Estates of Parliament is as antient as any thing can be remembred of the Nation The attempt of altering it in all ages accounted treason and the punishment thereof reserved to the Parliament by 25. Ed. 3. The conservancy of the Government being not safely to be lodg'd any where but with the government it self Offences of this kind not pardonable by the King because it is not in his power to change it This is our Government and thus it is established and for ages and immemorial time hath thus continued a long Succession of Kings have recognized it to be such And just now when we are under the dread of a Popish Successor some of our Clergy are illuminated into a mystery that hath been concealed from the beginning of Governments to this day from the wisdom of all Princes and Ministers of State That any authority in the Government not derived from the King and that is not to yield to his absolute Will was rebellious and against the Divine Right and Authority of Kings in the Establishment against which no usage or prescription to the contrary or in abatement of it is to be allowed That all Rights are ambulatory and depend for their continuance upon his pleasure So that though the Reformation was made here by the Government established by Law and hath acquired civil Rights not to be altered but by the King and the three Estates These men yet speak say you as if they envied the Rights of their own Religion and had a mind to reduce the Church back again into a state and condition of being persecuted and designed she should be stript of her Legal Immunities and Defensatives and brought back to the deplorable helpless condition of Prayers and Tears do utterly abandon and neglect all the Provisions that God 's providence hath made for her protection Nay by this their new Hypothesis they put it by Divine Right into the power of a Popish Successor when he pleaseth at once by a single indisputable and irresistable Edict to destroy our Religion and Government And these opinions you say they are the more inclined to entertain For That they believe no Plot but a Presbyterian Plot for of them they believe all ill and call whom they please by that hated name and boldly avow that Popery is more eligible than Presbytery for by that they shall have greater revenues and more Authority and Rule over the Lay-men This is a heavy charge if true but it is imputable I am sure but to a few and not so generally as some malevolent men of the Popish Faction are industriously busie to have it For if it were I confess it might choque the constancy Resolution and Zeal of the most addicted to the service of the Church men and make them at least very indifferent in their concerns For these mistakes are so gross and inexcusable that they ought to be permitted to suffer the smart of their own follies and to be corrected by the evils they are drawing down upon themselves with their own hands They deserve to suffer as betrayers of their own Country and to be prosecuted with greater shame and ignominy by all of the Reformed Religion than the Traditores were by the antient Christians These their diserting of the true Christian Faith being much less excusable then that of theirs and of greater mischief as of deeper malignity How many of the Clergy-men are thus misled we know not but they seem many more than they are because they are most in view and come often under observation frequent publick houses and talk loud because they want the Complement of their preferments But certainly Sir what you say to be the declared opinions of some Clergy-men is the business now of the Papists to propagate Hoc Ithacus velit magno mercantur Atridae These are agreeable to and indeed make up the most modern Project and Schem of the Popish Plot. Since the discovery of their first design of killing the King and massacring of the Protestants They have taken such courage by observing how little power we have to prevent their design that they have us in scorn and in the vilest contempt They now think that we are not worth destroying but by our own hands that we are not worthy of their trouble or the charge of Executioners of their providing How entertaining is it to his Holiness to find the Church of England the impregnable Bulwark of the Reformed Religion easily fall into his hands by the unpresidented folly of some of her Sons without the trouble of attacking her either by force or Argument which hath hitherto wanted success and the attempts always attended with dishonor and mischief to his See How pleasant will it be to him to see us perish and our destruction to be from our selves With this he will answer all the irrefragable Apologies of the Church of England for her departure from the Communion of the Romish Church Then he will say with triumph our Church destroyed her self and perished by a Divine Fate for her unwarrantable and Sacrilegious Schism for so he will call our follies and impute them to Divine infatuations The manner of our destruction will be a better Argument and of more force against the Doctrine of the Reformation than all the Arguments of all the Doctors of that Church to this day For this purpose since the Discovery of the Popish Plot it is that Sir Robert Filmers Books were Re-printed together and recommended by the Title Page and the publick Gazet to our reading Since the Discovery of the Plot we have had variety of Books Printed to the same purpose viz. To prove that all Kings as Kings are absolute by Divine Right Since the Discovery of the Popish Plot we have had men imployed to search all our antient Records and Histories to find out something more antient than our Parliaments as now constituted that it may serve as a pretence to take them away Since the Discovery of the Popish Plot we have the memory of our late calamitous War revived to raise a Pannick fear of another and to make the King believe that the genius of the Nation is Rebellious and that the Protestant Religion it self is to be apprehended by Kings It is
monstrously extravagant opinion can prevail by a general Credence It is criminal and no less dangerous to the being of any policy to restrain the legislative Authority and to entertain Principles that disables it to provide remedy against the greatest mischiefs that can happen to any Community No Government can support it self without an unlimited Power in providing for the happiness of the people No Civil establishment but is controlable and alterable to the publick Weale What ever is not of Divine Institution ought to yield and submit to this Power and Authority The Succession to the Crown is of a civil nature not established by any Divine Right Several Kingdoms have several Laws of Succession some are Elective others Haereditary under several Limitations All humane Constitutions are made tum sensu humanae imbecillitatis under reasonable exceptions of unforeseen accidents and Emergencies that may happen in humane Affairs and so they must be intended and so interpreted The several limitations of the descent of the Crown must be made by the people in conferring the Royal Dignitie and power which is more or less in several Kingdoms The descent of the Crown is governed according to the presumed will of the People and the presumption of the peoples will is made by measuring and considering what is most expedient to the publick good whereas private Estates are directed in their descent according to the descendents And this is the reason that the descent of the Crown is governed by other rules than private Estates Only one daughter and not all as in private Estates shall succeed to the Crown because the strength of the Kingdom is preserved when continueds united and the peace and concord of the people better Established A son of the second venter shall inherit which is not allowed in private Estates because a son of the second venter is equally of the blood of the great Ancestor upon whom the Crown was first conferred by the people or after he had got into the Throne obtain'd their Submissions may equally participate of his Virtues If the Royal Family be extinct it belongs to the people to make a new King under what limitations they please or to make none for the Polity is not destroyed if there be no King created and consequently in case of this cesser or discontinuance of the Regnum there may be Treason committed against the people By all which it is evident that the succession to the Crown is the peoples right And though the succession to the Crown is Hereditary because the people so appointed it would have it so or consented to have it so Yet in a particular case for the saving the Nation the whole line and Monarchy it self it may be altered by the unlimited Power of the Legislative Authority We have been more just to the Royal Succession than the wonderful Sir Robert Filmer for his Hypotheses will not allow at all of Hereditary rightful Succession For the establishing the right of the Universal Empire of the World in Adams right heir since this illuminato hath enlightned the world in this secret no Successor can derive any hereditary right from his Predecessor His Title can be only his own possession for no man can claim by descent the Usurpation of his Father but he that is not conscious to the wrong and is bonae fidei possessor under the presumed right and title of his Father I would be understood to speak as the matter can be considered in a free Reason not under the prejudice of any positive municipal law for to such laws the right of Crowns as the Renowned Knight will have it are not submitted So that here in this matter their Knight fails them and can give them no help Their other Friend the great Leviathan Maker is so far from establishing an Hereditary Succession that he leaves Kings to be rightfully assaulted deposed and destroyed by any person that can who stands in danger of being destroyed by the King though justly condemned to death Leviathan Part. 2. Cap. 21. Those saith he that have committed a Capital Crime for which they expect death have the liberty to defend themselves by Arms as well as the Innocent But I mention him only to render him detestable for I take his Books to be the dehonestamenta humani generis But I desire them to regard the sense of all Mankind in the words of Isiodorus Pelusiota 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This Governed the Judicious and Learned Dr. Falkner for when he had carried Christian Loyalty as high as he could to the honor of our Religion and the benefit of the World for which we are all extreamly beholden to him he concludes thus in his excellent Book called Christian Loyalty That if any Prince undertakes to alienate his Kingdom or to give it up into the hands of another Sovereign Power or that really acts the Destruction or the Universal calamity of his People he tells us Grotius thinks that in his utmost extremity the use of a defence as a last refuge ultimo necessitatis presidio is not to be condemned provided the care of the Common good be preserved And if this be true saith he it must be upon this ground that such attempts of ruining de ipso facto include a disclaiming the governing of these persons as Subjects and consequently of being their Prince or King what unreasonableness is there then in shutting the door upon him and making it fast against him by an act of State who hath excluded himself by his principles and designs For the truth of the fact I shall only refer you to Secretary Coleman his Letters wherein he saith that his Masters interest and the King of France his interest is one and the same and their design their glorious design the same viz the extirpating the Northern Heresie how far the King of France hath complied with the design the cruel Persecution and exils of his Protestant Subjects who at the time of that letter were under the security and protection of the Laws of that Kingdom the Faith of that Crown do declare to the world And by what secret influences I know no the is made so great his conquests so easie and expedite that he is like to do the work himself here in England and go away with all the Glory But if the work must lye upon our hands let no man think with himself that Popery is not to be introduced here because the numbers of Papists are few for that will not render the design impracticable but the execution of it were cruel and barbarous a whole Nation upon the matter must be corrupted from the Faith of the true Religion or destroy'd One single arm of an ordinary strength not resisted may assassinate a whole Nation Let no man betray his Country and Religion by pretending the example of the patience and sufferance of the Primitive Christians for our rule The Reformed Religion hath acquired a civil right and the protection of Laws if we
the Church of Rome the source whence all our divisions spring To which we owe the first separations that were made in our Chutch which appears by undenyable Records published by Dr. Stillingfleet in his Book called the Unreasonableness of Separation How they have propagated multiplyed exasperated and promoted our divisions to tell you would make a Volume besides no Protestant is now to know it I have only this further to observe that the Church of Rome at first only design'd by the Arts of dividing us and breaking us into several Communions to disgrace the Reformation to make our Spiritual Governors Pastors and Teachers lose their Authority with the People To deprave our Religion with licentious opiniastre and absurd dogmatizing to load our departure from that Church with the mischief of innumerable Schismes and to make us reconcileable to the Tyranny and impostures of that Church from the vain opinions and licentiousness of the Sectaries who have been seduced managed inflamed and made wild by their imposturous Arts and Deceits This I believe was only at first designed by the Priests but now they apparently design by the Dissenters to destroy the Church or by the Church to destroy the Dissenters that they more easily come to rights with her They imagine the Dissenters are very numerous and that the Nation is fallen into two great parts that the Dissenters numbers are vast But God be thanked they neither make our grand Jury men nor the common Halls of the City of London for choosing the Lord Majors or Sheriffs And I challeng any man to give me a List of all the Names of Dissenters that were of the House of Commons in our two last Parliaments I am sure they will not make an Number but they reckon the Numbers of Dissenters by the care they have taken to encrease it They used great art to continue the Separation when His Majesty was restored Since Laws have been made to raise the Animosities of Dissenters but scarce ever executed for repressing them If for any reason of state the Laws here and there and for a spurt have been exacted secret comforts and supports have been given to their Preachers of greatest Authority with them And when they have seem'd to preach with the courage and zeal of confessors to their Auditors they have been assured not only of indemnity but have received rewards How prosperously did the work of separation go on by these Councils of our Achtlophels by these means they concluded it would be heightned that it would admit of no terms of an accommodation How insolent were their Harangues more taking with their deluded Auditors while they apprehended them acted with an invincible zeal of Religion What Animations did their People receive to defy the Church and her Authority when their Preachers despised Fines and Imprisonment to their seeming out of pure zeal against her Order It is well known several of them were in Pension and no men have been better received by the D. than J. J. J. O. E. B. and W. P. c. Ringleaders of the Separation Besides that Popish Priests have been taken and executed for preaching in Field meetings in Scotland They have raised there a sort of Euthusiasts more wild and mischievous than any we had amongst us in the times of licentiousness They have had notwithstanding great Lords that have patronis'd them who were always well received in their applications in their favor at St. James's and several of their Preachers who were not Priests have received exhibitions and pensions for their Encouragement It was necessary that the Fanaticism planted in Scotland should be very loathsome to make that Nation abate any of their zeal for the Protestant Religion or to neglect their fears and apprehensions of Popery or to make the least step towards it Awake you drowsie Sleepers open your Eyes the Sun is risen there is light enough to fill your sight if you would look up and were wiling to see Could any thing be conceiv'd more apt to bring the Church of England into contempt and scorn with those of the separation then to have Laws made in her favor penal Laws which are thought to be of her procurement and not executed Vain and Ineffective anger is always returned with contumely scorn and hatred Cupide conculcatur nimis ante metitum And so it hath succeeded in this case nothing hath been more passable than the basest Scurrility upon the Church the Bishops and the Clergy The Atheist the impious and profane have listed themselves Fanaticks that they might have the greater Liberty of reviling Religion it self with impunity Consider how the Church of England is used which is truly the Bulwark of the Protestant Religion About ten years since they designed to slight her works and demolish her by a general indulgence and toleration And now they intend to destroy her Garrison those that can and will defend her against Popery By one of their Pamphleteers the separation is called an usurpation upon the Government and all the Dissenters as such only Rebels and Traitors to the King The same Gentleman would perswade the World that the ready way to extirpate Popery is by rooting out of Fanaticism whither saith he the Fanaticks bring on the Jesuits plot or the Jesuits the Fanaticks is not a farthing matter But in the mean time that the Papists have a plot on foot needs no proof That any sort of Protestants are engaged in a plot cannot be proved But all honest Protestants of the Church of England think it more righteous to punish the Deceivers and pitty the Deceived and wish them only cut off that make divisions It is one way of curing or rather of extinguishing the disease to Kill the Patient But no Prince did ever yet provide Cut-Throats for his People in epidemical diseases instead of Physitians But if the Papists could arm other Protestants against Dissenters there would be the less work for Papists to do And they will be sure to requite them for this favor with Polyphemus his curtesie For to give the Devil his due they are not themselves so fond of Massacres and destruction of Hereticks as to envy that employment to any other that will undertake it They had rather any other party of Men should do the Drudgery for them Besides what one sort of Protestants shall execute upon another will give them better pretence and more hardiness if they wanted either Pretence or Resolution to destroy such as they call Hereticks to execute the like destruction upon the Church Protestants who certainly differ more from the Papists then the Separatists do from our Church Sure there is good Reason they should be more sharply treated by the Papists than they treated the Dissenters And if they are in such sort us'd they must lay their hands upon their mouths and be silent before their Persecutors and acknowledg the righteous judgment of God in bringing such tribulation upon them from their Enemies wherewith they troubled their own Brethren