with a windy c. a cheveral word which might be stretched as men would measure it Of this c. which has made so much noise in the world I shall now say nothing Somewhat is here subjoyn'd by our Author in 〈◊〉 thereof the rest made up by the Observator Only I shall make bold to ask him why he observ'd not this c. when the Oath was first under consideration or why he signified not his dissent when it came to the vote and shewed some reasons which might move him to object against it It had been fitter for a wise and judicious man to signifie his dislike of any thing when it might be mended then to joyn with others in condemning it when it was past remedy But Mala mâ—ns malus animus as the saying is The Convocation had no ill intent in it when they passed it so though some few out of their perverseness and corrupt affections were willing to put their own sense on it and spoil an honest-meaning Text with a factious Gloss. But let us follow our Author as he leads the way and we shall finde that Ibid. Some Bishops were very forward in pressing this Oath even before the time thereof For whereas a liberty was allowed to all to deliberate thereon until the Feast of Michael the Arch-angel some presently pressed the Ministers of their Diocesses for the taking thereof It seems by this that our Author was so far from taking notice of any thing done in the Convocation when the Canon for the Oath was framed that he never so much as looked into the Canon it self since the Book came out He had not else dâ—eamt of a liberty of Deliberation till the Feast of St. Michael the Arch-angel which I am sure the Canon gives not The Synod did indeed decree that all Archbishop and Bishops and all other Priests and Deacons in places exempt or not exempt should before the second day of November next ensuing take the following Oath against all innovation of Doctrine or Discipline By which we see that the Oath was to be given and taken before the second of November but no such thing as Liberty of Deliberation till the Feast of St. Michael And therefore if some Bishops did press the Clergy of their several and respective Diocesses assoon as they returned home from the Convocation they might well doe it by the Canon without making any such Essay of their Activity if providence as our Author most wisely words it had not prevented them If any of the Bishops did require their Clergy to take the Oath upon their knees as he says they did though it be more then was directed by the Canon yet I conceive that no wise man would scruple at it considering the gravity and greatness of the business which he was about But then Ibid. The Exception of Exceptions was because they were generally condemned as illegally passed to the prejudice of the fundamental Liberty of the Subject whereof we shall hear enough in the next Parliament Not generally condemned either as illegally passed or as tending to prejudice of the Subjects Rights I am sure of that Scarse so much as condemned by any for those respects but by such whom it concern'd for carrying on of their Designs to weaken the Authority of the Church and advance their own But because our Author tells us that we shall finde enough of this in the following Parliament we are to follow him to that Parliament for our satisfaction And there we finde that Mr. Maynard made a Speech in the Committee of Lords against the Canons made by the Bishops in the last Convocation in which he endeavoured to prove that the Clergy had no power to make Canons without common consent in Parliament because in the Saxon times Laws and Constitutions Ecclesiastical had the confirmation of Peers and sometimes of the People to which great Councels our Parliaments do succeed Which Argument if it be of force to prove That the Clergy can make no Canons without consent of the Peers and people in Parliament it must prove also that the Peers and People can make no Statutes without consent of the Clergy in their Convocation My reason is because such Councels in the times of the Saxons were mixt Assemblies consisting as well of Laicks as of Ecclesâ—asticks and the matters there concluded on of a mixt nature also Laws being passed as commonly in them in order to the good governance of the Common-wealth as Canons for the Regulating such things as concern'd Religion But these great Councels of the Saxons being divided into two parts in the times ensuing the Clergy did their work by themselves without any confirmation from the King or Parliament till the submission of the Clergy to King Henry the eighth And if the Parliaments did succeed in the place of those great Councels as he sayes they did it was because that antiently the Procurators of the Clergy not the Bishops only had their place in Parliament though neither Peers nor People voted in the Convocations Which being so it is not much to be admired that there was some checking as is said in the second Argument about the disuse of the general making of such Church Laws But checking or repining at the proceeding of any superior Court makes not the Acts thereof illegal For if it did the Acts of Parliaments themselves would be reputed of no force or illegally made because the Clergy for a long time have checkt and think they have good cause to check for theiâ— being excluded Which checking of the Commons apâ—ears not only in thosâ— antiâ—nt Authors which the Gentleman cited but in the Remonstrance tendred by them to King Henry the Eighth exemplified at large in these Animadversions lib. 3. n. 61. But because this being a Record of the Convocation may not come within the walk of a common Lawyer I shall put him in minde of that memorable passage in the Parliament 51. Edw. 3. which in brief was this The Commons fâ—nding themselves aggrieved as well with certain Constitutions made by the Clergy in their Synods as with some Laws or Ordinances which were lately passed more to the advantage of the Clergy then the common people put in a Bill to this effect viz. That no Act nor Ordinâ—nce should from thenceforth be made or granted on the Petition of the said Clergy without the consent of the Commons and that the said Commons should not be bound in times to come by any Constitutions made by the Clergy of this Realm for their own advantage to which the Commons of this Realm had not given consent The reason of which is this and 't is worth the marking Car eux ne veulent estre obligez a nul de vos Estatuz ne Ordinances faitz sanz leur Assent because the said Clergy did not think themselves bound as indeed they were not in those times by any Statute Act or Ordinance made without their Assent in the Court of Parliament
yeeld to 〈◊〉 Scots and Picts not being to be nam'd amongst those Nations who subdued the South part of this Island That they did many times harass and depopulate the South part of it I shall easily grâ—nt but to the subduing of a Coâ—ntrey there is more reqâ—ired then to waste and spoil it that is to say to fix their dwelling and abode for some time at least in the Countâ—ey conquered to change the Laws alter the language or new mould the Government or finally to translate the Scepter from the old Royal Family to some one of their own None of which things being done in the Invasions of the Scots and Picts they cannot properly be said to have subdued the South parts of the Island as our Author out of love perhaps to the Scots would perswade the Reader ANIMADVERSIONS ON The Third and Fourth Books OF The Church History OF BRITAIN From the time of the Norman Conquest to the time of King Henry the Eighth WE are now come unto the times of the Nâ—rman Government when the â—hurch begâ—n to settle on a surer bottom both fo◠〈◊〉 and polity the Bishops lesse obnoxious to the Kiâ—â—â— then foâ—merly because elected by the Monks and Câ—nons of their own Cathedrals their Conâ—istories free 〈◊〉 the intermixture of Lay-assistance and their Synâ—â—s mâ—nag'd by themselves Wherein thoâ—gh the 〈◊〉 power of making such Synodicall Consâ—iâ—â—tions 〈…〉 facto binde all paâ—ties yet our Author is resolv'd to have â—â—otherwise Fol. 19. The Prâ—ceedings saith he of the Canon Law were never wholly received into practice in the Land but so as made subject in whatsoever touched temporals to Secular Lawes and National Customs And the Laity at 〈◊〉 limited Canons in this behalf How false this is â—ow contrary to the power and practice of the Church beâ—ore the â—ubmission of the Clergy to King Henry the eiâ—â—â— and â—inally how dangerous a gâ—ound is hereby 〈◊〉 to weaken the Authority of Convocations will 〈◊〉 appear by â—â—ying down the sum of a Petition preâ—â—â—â—ed by the House of Commons to the same King Hâ—nry together with the Answer of the Pâ—elates and inferior Clergy then being Synodically assembled to the said Petition The substance of the Petition was as followeth viz. THat the Clergy of this your Realm being you Highness Subâ—ects in their Convocation by thâ—m holden within this your Realm have made and dayly make divers Sanctions or Laws conceâ—ning Temporal things and some of them be â—epâ—gnant to the Lawes and Statuâ—eâ— of your Realm not having 〈◊〉 requirinâ— your most Royall assent to the same Lawes so by them made nother any assent or knowledge of your Lay Subjects is had to the same noâ—heâ— to them published and known in their Mother tongre alâ—â—it diveâ—s and sundry of the said Lawes extend in certain causes to your excellent Peâ—son your liberty and Preâ—ogative Royall and to the inteâ—diction 〈◊〉 your Lawes and Possessions and so likewise to the Goodâ— and Possessions of your Lay Subâ—ects declaâ—inâ— the inâ—ringers of the same Lawes so by them maâ—e not only to incur the terrible censure of Excommunication but also to the detestable crime and sin of Herâ—â—e by the which divers of your humble and obedient Lay Subjects be brought into this Ambiguity whether they may do and execute your Laws according to your Jurisdiction Royal of this Realm for dread of the same Censures and pains comprised in the same Lawes so by them made in their Convocations to the gâ—eat trouble and inquietation of your said humble and obedient Lay subâ—ects c. the impeachment of your Jurisdiction and Prerogative Royal. The Answer thereunto was this TO this we say that forasmuch as we 〈◊〉 and take our Authority of making Lawes to be grounded upon the Scripture of God and the determination of holy Church which must also be 〈◊〉 rule and squier to try the justice and righteousness of all Lawes as well Spiritual as Temporal we verily trust that considering the Lawes of this Realm be such as have been made by most Christian religious and devout Princes and People how both these Lawes proceeding from one fountain the same being sincerely interpreted and after the good meaning of the makers there shall be found no repugnancy nor contrariety but that the one shall be found as aiding maintaining and supporting the other And if it shall otherwise appear as it is our duty whereunto we shall alwayes most diligently 〈◊〉 ourselves to reform our Oâ—dinance to Gods Commission and to conform our Statutes and Lawes and those of our predecessors to the determination of Scripture and holy Church so we hope in 〈◊〉 and shall dayly pray for the same that your Highness will 〈…〉 came why with the assent of your 〈…〉 temper your Graces Lawes accordingly 〈…〉 shall 〈◊〉 a most happy and perfect 〈◊〉 and agreement as God being Lapis angulaâ—â— to agree and conâ—oyn the same And as concerning 〈…〉 of your Highness Royall assent to the 〈◊〉 of such Lawes as have been by our 〈◊〉 or shall be made by us in such points and 〈◊〉 as we have by God authority to rule and 〈◊〉 by such Provisions and Lawes we knowing your Highness wisdom and vertue and learning nothing doubt but the same perceiveth how the granting hereunto dependeth not upon our will and liberty And that we your most humble Subjects may not 〈◊〉 the execution of our charge and duty certainly prescribed by God to youâ— Highness assent although in very deed the same is most worthy for your most Noble Princely and excellent vertues not only to give yoâ—â— Royall assent but also to deviâ—e and commâ—nd what we should foâ— good order and 〈…〉 Statutes and Lawe provide in the Church nevertheless consideâ—ing we may not so ne in such sort refrain the doing of our office in the â—eeâ—ing and ruling of 〈◊〉 people your Graces Subjects we most humbly desiring your Grace as the same hath heretofore so from hence forth to shew your Graces 〈◊〉 and opinion unto us what your high Wisdom shall think convenient which we shall most gladly hear and follow iâ— it shall please God to inâ—â—â— is so to do with all submission and humility beâ—â—ech the same following the stepâ— of your most Noble Progenitors and conformably to your our own Acts do maintain and defend such Lawes and Ordinanceâ— as we according to our calling and by Authority of God shall for his honour make to the â—diâ—ication of vertue and maintaining Christs faith of which your Highness is named Defender and hath been hitherto indeed a special Protector Furthermore whereas your said Lay Subjects say that sundry of the said Laws extend in certain causes to your excellent Person your Liberty and Prerogative Royal and to the interdiction of your Land and Possessions To this your said Orators say that having submitted the tryal and examining of the Laws made in the Church by us and our Predecessors to the just and straight Rule of Gods Laws which giveth measure of Power
in them the Hierarchy of Bishops so coldly pleaded for as shews he had a minde to betray the cause whilst all things pass on smoothly for the Presbyterians whom he chiefly acts for And this is that which we must look for par my par tout as the Frenchmen say Nor deals he otherwise with the persons which are brought before him then he doth with the Causes which they bring No profest Puritan no cunning Non-conformist or open Separatist comes upon the Stage whom he follows not with Plaudites and some fair Commends when as the Fathers of the Church and the conformable Children of it are sent off commonly in silence and sometimes with censure The late Arch-Bishop of Canterbury so eminently deserving of the Church of England must be rak'd out of his Grave arraigned for many misdemeanors of which none could accuse him when he was alive all his infirmities and weaknesses mustered up together to make him hateful to the present and succeeding Ages when Mr. â—ovâ—'s Treasonable practices and seditious Speeches must needs for footh be buried in the same Earth with him The University of Oxford frequently quarrelled and exasperated upon â—light occasions the late Kings party branded by the odious Title of Malignants not better'd by some froth of pretended Wit in the Etymology The regular Clergy shamefully reproached by the Name of covetous Confoâ—mâ—sts Lib. 9. fol. 98. And those poor men who were ejected by the late long Parliament despitefully called Baals Priests uâ—savory salâ— not â—iâ— to be thrown upon the Dungâ— hill though he be doubtful of the proofs which were brought against them Lib. 11. fol. 207. So many of all sorts wronged and injur'd by him that should they all study their personal and particular Revenges he were not able to abide it And therefore we may jâ—stly say in the Poets Language Si de to◠〈…〉 Namin â— quisâ—ue Deorum 〈◊〉 in 〈…〉 unus erit Which may be Englisht in these words Should all wrong'd 〈◊〉 seek t' avenge their same 〈◊〉 were not enough to bear the shame 9. But nothing does more evidently discover his unfaithful dealing then his repoâ—t of the proceedings in the Isle of â—â—gh between his Majâ—sty and the long Parliament Divines of which he tells us Lib. 11. fol. 235. That his 〈…〉 aâ—â—nâ—wledged their great pains to inform his iudgement according to their perswasions and also took especial notice of thâ—ir civilities of the Application both in the beginning and body of their Reply and having cleer'd himself from some mis-understanding about the Writ of Partition which they speak of puts an end to the business The man who reads this passage cannot choose but think that his Majesty being vanquisht by the Arguments of the Prebyterians had given over the cause and therefore as convicted in his Conscience rendreth them thanks for the Instruction which he had receiv'd and the Civilities they used towards him in the way thereof But he that looks upon his Majesties last Paper will finde that he had Learnedly and Divinely refeâ—'d all their Arguments And having so done puts them in minde of three questions which are propos'd in his former Paper acknowledg'd by themselves to be of great importance in the present controversie without an Answer whereunto his Majesty declar'd that he would put an end to that conference It not being probable as he told them that they should work much upon his Iudgement whilâ—â— they are â—â—arful to declare their own nor possible to reliâ—ve his conscience but by a free dâ—â—laring of theirs But they not able or not daring for fear of displeasing their great Masters to return an Answer to those Questions his Majesty remain'd sole Master of the field a most absolute Conqueror For though the first blow commonly does begin the Quarrel it is the last blow always that gets the Victory But Regium est cum benefeceris male audire It hath been commonly the fortune of the greatest Princes when they deserve best to be worst reported 10. Nor deals he better with the Church then he does with the King concealing such things as might make for her justification and advocating for such things as disturb her order In the last Book we finde him speaking of some heats which were rais'd in the Church about placing the Communion-Table Altar-wise and great fault found for the want of Moderation in those Men who had the managing of that business But he conceals his Majesties Determination in the Case of St. Gregories Novem. 3. 1633. by which all Bishops and other Ordinaries were incouraged to proceed therein and consequently those of inferior rank to defend their actings The Chappel of Emmanuel Colledge in Cambridge is built North and South contrary to the usage of the Primitive times and the Church of England with which King Iames being made acquainted he answered as our Author tells us That it was no maâ—ter how the Chappel stood so the heart stood right Which Tale being told by him and believed by others populum qui sibi credit habet Ovid. in Ep. Hypsiphil as he is like enough to finde many Believers farewel to all external Reverence in the Service of God What need we trouble our selves or others with standing kneeling bowing in the acts of Worship it is no matter in what posture the Body be so the Heart be right What need we put our selves or others to the charge of Surplices and Hoods of Gowns and Cassacks in the officiating of Gods Service It is no matter in what habit the Body be so the heart be right There is another Chappel in Cambridge which was never consecrated whether a Stable or a Dormitory is all one to me At which when some found themselves grieved our Author tells them That others of as great Learning and Religion himself especially for one dare defend that the continued Series of Divine Duties publickly practiced for more then thirty years without the least check or controul of those in authority in a place set apart to that purpose doth sufficiently consecrate the same Stables and Barns by this Argument shall in some tract of time become as sacred as our Churches and if the Brethren think it not enough for their ease to be pent up in so narrow a Room t is but repairing to the next Grove or Coppise and that in a like tract of time shall become as holy as Solomons Temple or any consecrated place whatsoever it be Churches may well be spared pull'd down and their Materials sold for the use of the Saints a Tub by this our Authors Logick will be as useful as the Pulpit unto Edification And that we may perceive that nothing is more precious with him then an irregular unconsecrated and unfurnished Chappel Melvins infamous Libel against the Furniture of the Altars in the Chappels Royal for which he was censur'd in the Star-Chamber must be brought in by head shoulders out of time and place for fear least such an excellent piece of
have produc'd those arguments by which some shameless persons endeavoured to maintain both the conveniency and necessity of such common Brothel houses Had Bishop Iewel been alive and seen but half so much from Dr. Harding pleâ—ding in behalf of the common women permitted by the Pope in Rome he would have thought that to cal to him an Advocate for the Stews had not beeen enough But that Doctor was nor half so wise as our Author is and doth not fit each Argument with a several Antidâ—te as our Author doth hoping thereby by but vainly hoping that the arguments alleadged will be wash'd away Some of our late Criticks had a like Design in marking all the wanton and obscene Epigrams in Martial with a Hand or Asterism to the intent that young Scholars when they read that Author might be fore-warn'd to pass them over Whereas on the contrary it was found that too many young fellows or wanton wits as our Author calls them did ordinarily skip over the rest and pitch on those which were so mark't and set out unto them And much I fear that it will so fall out with our Author also whose Arguments will be studied and made use of when his Answers will not Fol. 253. Otherwise some suspect had he survived King Edward the sixth we might presently have heard of a King Henry the ninth Our Author speaks this of Henry Fitz Roy the Kings natural Son by Elizabeth Blunt and the great disturbance he might have wrought to the Kings two Daughters in their Succession to the Crown A Prince indeed whom his Father very highly cherished creating him Duke of Somerset and Richmond Earl of Nottingham and Earl Marshal of England and raising him to no small hopes of the Crown it self as appears plainly by the Statute 22 H. 8. c. 7. But whereas our Author speaks it on a supposition of his surviving King Edward the sixth he should have done well in the first place to have inform'd himself whether this Henry and Prince Edward were at any time alive together And if my Books speak true they were not Henry of Somerset and Richmond dying the 22. of Iuly Anno 1536. Prince Edward not being born till the 12. of October An. 1537. So that if our Author had been but as good at Law or Grammar as he is at Heraldry he would not have spoke of a Survivor-ship in such a case when the one person had been long dead before the other was born These incoherent Animadversions being thus passed over we now proceed to the Examination of our Authors Principles for weakning the Authority of the Church and subjecting it in all proceedings to the power of Parliaments Concerning which he had before given us two Rules Preparatory to the great business which we have in hand First that the proceedings of the Canon Law were subject in whatsoever touched temporals to secular Laws and National Customs And the Laitie at pleasure limited Canons in this behalf Lib. 3. n. 61. And secondly that the King by consent of Parliament directed the proceedings of the Ecclesiastical Court in cases of Heresie Lib. 4. n. 88. And if the Ecclesiastical power was thus curbed and feâ—â—ered when it was at the highest there is no question to be made but that it was much more obnoxious to the secular Courts when it began to sink in reputation and decline in strength How true and justifiable or rather how unjustifiable and false these two principles are we have shewn already and must now look into the rest which our Author in pursuance of the main Design hath presented to us But first we must take notice of another passage concerning the calling of Convocations or Synodical meetings formerly called by the two Archbishops in their several Provinces by their own sole and proper power as our Author grants fol. 190. to which he adds Fol. 190. But after the Statute of Praemunire was made which did much restrain the Papal power and subject it to the Laws of the Land when Archbishops called no more Convocations by their sole and absolute command but at the pleasure of the King In which I must confess my self to be much unsatisfied though I finde the same position in some other Authors My reasons two 1. Because there is nothing in the Statute of Praemunire to restrain the Archbishops from calling these meetings as before that Act extending only to such as purchase or pursue or cause to be purchased or pursued in the Court of Rome or elsewhere any such translatations Processes Sentences of Excommunication Bulls Instruments or any other things whatsoever which touch the King against him his Crown and his Regality or his Realm or to such as bring within the Realm or them receive or make thereof notification or any other Execution whatsoever within the same Realm or without c. And 2. because I finde in the Statute of the submission of the Clergy that it was recognized and acknowledged by the Clergie in their Convocation that the Convocation of the said Clergie is always hath been and ought to be assembled always by the Kings Writ And if they had been always call'd by the Kings Writ then certainly before the Statute of Praemunire for that the whole Clergy in their Convocation should publickly declare and avow a notorious falsehood especially in a matter of fact is not a thing to be imagined I must confess my self to be at a loss in this intricate Labyrinth unless perhaps there were some critical difference in those elder times between a Synod and a Convocation the first being call'd by the Archbishops in their several and respective Provinces as the necessities of the Church the other only by the King as his occasions and affairs did require the same But whether this were so or not is not much material as the case now stands the Clergie not assembling since the 25 of King Henry the eighth but as they are convocated and convened by the Kings wâ—it only I only adde that the time and year of this submission is mistook by our Author who plâ—ceth it in 1533. whereas indeed the Clergy made this acknowledgement and submission in their Convocation Anno 1532. though it pass'd not into an Act or Statute till the year next following Well then suppose the Clergy call'd by the Kings Authority and all their Acts and Constitutions ratiâ—ied by the Râ—yal assent are they of force to binde the Subject to submit and conform unto them Not if our Author may be judge for he tels us plainly Fol. 191. That even such Convocations with the Royal assent subject not any for recusancy to obey their Canons to a civil penalty in person or property untill confirmed by 〈◊〉 of Parliament I marvel where our Author took up this opinion which he neither finds in the Registers of Convocation or Records of Parliament Himself hath told us fol. 190. that such Canons and Constitutions as were concluded on in Synods or Convocations before the
the said Canons Orders Ordinances and Constitutions and to all and every thing in them contained And furthermore we do not only by our said Prerogative Royall and Supreme Authority in causes Ecclesiasticall ratifie confirme and establish by these our Letters Patents the said Canons Orders Ordinances and Constitutions and all and every thing in them contained as is aforesaid but do likewise propound publish and straightly enjoyne and command by our said Authority and by these our Letters Patents the same to be diligently observed executed and equally kept by all our loving Subjects of this our Kingdom both within the Province of Canterbury and York in all points wherein they do or may concerne every or any of them according to this our Will and Pleasure hereby signified and expressed No other Power required to confirme these Canons or to impose them on the people but the Kings alone And yet I â—row there are not a few particulars in which those Canons do extend to the property and persons of such Refusers as are concerned in the same which our Author may soon finde in them if he list to look And having so done let him give us the like Precedent for his Houses of Parliament either abstractedly in themselves or in cooperation with the King in confirming Canons and we shall gladly quit the cause and willingly submit to his â—er judgement But if it be Obâ—ected as perhaps it may That the Subsidies granted by the Clergy in the Convocation are ratified and confirmed by Act of Parliament before they can be levied either on the Granters themselves or the rest of the Clergy I answer that this makes nothing to our Authors purpose that is to say that the person or property of Refusers should not be subjected to temporal penalty without consent of Parliament For first before the submission of the Clergy to King Henry the 8. they granted Subsidies and other aids unto the King in their Convocations and levied them upon the persons concerned therein by no other way then the usuall Censures of the Church especiall by Suspension and deprivation if any Refuser prove so refractary as to dispute the payment of the sum imposed And by this way they gave and levied that great sum of an Hundred thousand pounds in the Province of Canterbury only by which they bought their peace of the said King Henry at such time as he had caused them to be attainted in the Praemunire And secondly there is a like Precedent for it since the said Submission For whereas the Clergy in their Convocation in the year 1585. being the 27 year of Queen Elizabeth had given that Queen a Subsidy of four shillings in the pound confirmed by Act of Parliament in the usual way they gave her at the same time finding their former gift too short for her present occasions a Benevolence of two shillings in the pound to be raised upon all the Clergy by vertue of their own Synodical Act only under the penalty of such Ecclesiastical Censures as before were mentioned Which precedent was after followed by the Clergy in their Convocation an 1640. the Instrument of the Grant being the same verbatim with that before though so it hapned such influence have the times on the actions of men that they were quarreld and condemned for it by the following Parliament in the time of the King and not so much as checkt at or thought to have gone beyond their bounds in the time of the Queen And for the ratifying of their Bill by Act of Parliament it came up first at such times after the Submission before mentioned as the Kings of England being in distrust of their Clergy did not think fit to impower them by their Letters Patents for the making of any Synodical Acts Canons or Constitutions whatsoever by which their Subsidies have been levied in former times but put them off to be confirmed and made Obligatory by Act of Parliament Which being afterwards found to be the more expedite way and not considered as derogatory to the Churches Rights was followed in succeeding times without doubt or scruple the Church proceeding in all other cases by her â—â—tive power even in cases where both the person and property of the Subject were alike concerned as by the Canons 1603 1640. and many of those past in Q. Elizabeths time though not so easie to be seen doth at full appear Which said we may have leisure to consider of another passage relating not unto the power of the Church but the wealth of the Churchmen Of which thus our Authoâ— Fol. 253. I have heard saith he that Queen Elizabeth being informed that Dr. Pilkington Bishop of Durham had given ten thousand pounds in marriage with his Daughter and being offended that a Prelates daughter should equal a Princesse in portion took away one thousand pounds a year from that Bishoprick and assigned it for the better maintenance of the Garrison of Barwick In telling of which story ouâ— Author commits many mistakes as in most things elâ—e For first to justifie the Queens displeasure if she were displeased he makes the Bishop richer and the Portion greater then indeed they were The ten thousand pounds Lib. 9. fol. 109. being shrunk to eight and that eight thousand pound not given to one Daughter as is here affirmed but divided equally between two whereof the one was married to Sir Iames Harrington the other â—nto Dunch of Berk-shire Secondly this could be no cause of the Queens displeasure and much lesse of the Courâ—ieâ—s envy that Bishop having sat in the See of Durham above seventeen years And certainly he must needs have been a very ill Husband if our of such a great Revenue he had not saved five hundred pounds per annum to prefeâ— his Children the income being as great and the charges of Hospitality lesse then they have been since Thirdly the Queen did not take away a thousand pound a year from that Bishoprick as is here affirmed The Lands were left to it as before but in regard the Garrison of Barwick preserved the Bishops Lands and Tenants from the spoil of the Scots the Queen thought fit that the Bishops should contribute towards their own defence imposing on them an annuall pension of a thousand pound for the better maintaining of that Garrison Fourthly Bishop Pilkington was no Doctor but a Batchelor of Divinity only and possibly had not been raised by our Author to an higher Title and Degree then the University had given him but that he was a Conniver at Non-conformity as our Author telleth us Lib. 9. fol. 109. Lastly I shall here add that I conceive the Pension above mentioned not to have been laid upon that See after Pilkingtons death but on his first preferment to it the French having then newly landed some forces in Scotland which put the Queen upon a necessity of doubling her Guaâ—ds and increasing her Garrisons But whatsoever was the cause of imposing this great yearly payment upon that Bishoprick certain I
â—bâ—tted and confirm'd by his following Doctrines the name of Puritan though first found out to denote such as followed Calvin in dissenting from the Hierarâ—hy in Disciplin and Church-government might not unfitly be applyed to such as maintain'd his Doctrines also But of this Argument enough I shall adde only and so proceed to other businesses that Mr. Fox is brougâ—â— in as required to subscribe to the Canons by Archbishop Parker whereas there were at that time no Canons to subscribe unto nor is it the custom of the Church to require subscription unto Canons but unto those only who consented to the making of them Fol. 9â— John Felton who fastned the Popes Bull to the Palace â—f London being takenâ— and refusing to fly was hanged on a Gibbet before the Popes Palace The Bull here mention'd was that of Pope Pius the fifth for excommunicating Qâ—een Elizabeth which this Iohn Felton a 〈◊〉 Papist had hang'd up at the Gates of the Bishop of Londâ—â—s House that the Subjects might take noâ—â—â—e of it and for that fact was hang'd neer the same 〈…〉 he had offended But why our Author should call the Bishop of Londons House by the name of the Popes 〈◊〉 I do very much wonder unless it were to hold 〈◊〉 with the style of Martin Mar-Prelate and the 〈…〉 Faction Amongst whom nothing was more common then to call all Bishops Petty-Popes more particularly to call the Archbishop of Canterbury the Pope of Lambeth and the Bishop of London Pope of London But I hope more charitably then so being more willing to impure it to the fault of the Printers then the pen of our Author I only adde that to make even with this Iohn Felton a zealous Papist another Iohn Felton of the next age a zealous Puritan committed that execrable murther on the Duke of Buckingham Fol. 98. Against covetous Conformists it was provided that no Spiritual Person Colledge or Hospital shall let lease other then for twenty one years or three lives c. No mention in the Statute of Covernous Conâ—ormists I am sure of that and therefore no provision to be made against them the Coverous Conformist is our Authors own I finde indeed that long and unreasonable Leases had been 〈◊〉 by Colledges Deans and Chapters Parsons Vicarâ— and other â—aving Spiritual promotions which being found to 〈◊〉 the causes of Dilapidations and the decay of all Spiritual Livings and Hospitality and the utter impoverishing of all Successors incumbents in the same the Parliament thought it high time to provide against it In all which Bedroll it were strange if we should finde no Non-conformists who had by this time got a great part of the Church Preferments and were more likely to occasion those diâ—apidations then the regular and conformable Clergy these laâ—â—â— looking on the Church with an eye to succession the former being intent only on the present profit And if we mark it well we shall finde that Coverousness and Non-conformity are so married together that it is not easie to divorce them though here the crime of coverousness be wrongfully charg'd on the Conformists to make them the more odious in the eye of the vulgar Reader High Royalists in one place Covetous Conformists in another are no good signs of true affections to Conformity and much less to Royalty Fol. 121. These Prophesyings were founded on the Apostles Precept For ye may all Prophesie one by one that all may learn and all be comforted but so as to make it out they were fain to make use of humane prudential Additions Not grounded but pretended to be grounded on those words of St. Paul the Prophesying there spoke of not being 〈◊〉 be drawn into example in the change of times when 〈…〉 of the Spirit were more restrain'd and limited then they had been formerly For were they gâ—â—â—nded on that Text it had been somewhat sawcily done to adde their own prudential Additions to the direction and dictamen of the holy Spirit A course much favoured as it seems by Archbishop Grindal whose Letter to the Queen is recommended to the welcom of the pious Reader fol. 122. But both the Queen and her wise Councel conceiv'd otherwise of it looking upon these Prophesyings as likely to prove in fine the â—ane of the Common-wealth as our Author hath it Noâ— did King Iames conceive any better of them as appeareth by the conference at Hampton Court in which it was mov'd by Dr. Reynolds chief of the Millenary party That the Clergy might have meetings once every three weeks and therein to have â—â—â—phesying according as the Reverend Father Archbishop Grindall and other Bishops desired of her late Majesty No said the King looking upon this motion as a preamble to a Scottish Presbytery then Iack and Iâ—m and Will and Dick shall at their pleasures ceâ—â—â—re me and my Councel and all our proceedings then Will shall stand up and say It must be thus then Dick shall reply and say Nay marry but we will have it thus And therefore stay I pray you for one 7 years before you demand that of me and then if you finde me 〈◊〉 and fat and my windepipes stuffed I will perhaps hearken to you for if that government be once up I am sure I shall be kept in breath then shall we all of us have work enough both our hands full But let King Iames and Queen Elizabeth conceive what they will our Author hath declared it to be Gods and the Churches cause fol. 130. And being such it is enough to make any man consident in pleading for it or appearing in it Fol. 135. A loud Parliament is always attended with a silent Convocation as here it came to pass The Activity of the former in Church matters left the latter nothing to do A man would think by this that the Parliament of this year being the 23. of the Queen had done great feats in matters of Religion as making new Aâ—ticles of Faith or confirming Canons or something else of like importance But for all this great cry we have little wool our Author taking notice of nothing else which was done this Parliament but that it was madeâ— eason for the Priests or Jesuites to seduce any of the Queens Subjects to the Romish Religion and for the Subâ—ects to be reconciled to the Church of Rome with other matters nor within the power and cognizance of the Convocation But he conceals another Statute as necessary to the peace and safety of the Church and State as the other was By which it was Enacted that if any person or persons should advisedly devise or write print or set â—orth any manner of Book Rime Ballade Letter or Writing containing any false seditious and sâ—anderous matter to the defamation of the Queens Majesty or to the incouraging stirring or moving of any Inâ—â—â—rection or Rebellion within this Realm c. or that shall procure or cause such Book Rime Ballade c. to be written printed published or set
also I finde in the History of Cambridge about Dr. Baroâ— of whom our Author tels us thus Fol. 125. Hist. Cam. The end of Dr. Peter Baro the Margaret Professor his triennial Lectures began to draw neer C. And not long after the Vniversity intended to cut him off at the just joint when his three yâ—ars should be expired This shews our Author though well travelled in other Countries to be but peregrinus domi a stranger in his own University in which the Margaret Professor is not chosen for three years but for two years only And this appears plainly by the Statutes of that Foundation the precise words whereof are these viz. Et volumus insuper quod de caetero quolibet biennio ultimo die cessationis cujustibet termini ante magnam vacationem Vniversitatis praedictae una habilis apta idonea persona in lectorem lecturae praedictae pro uno biennio integro viz. a festo Nativitatis B. Mariae virginis tunc proximè sequente duntaxat durature eligatur fol. 105. in nigro cedice For this I am beholding to the Author of the Pamphlet called the Observator observed and thank him for it Which said we shall close up this ninth Book with some considerations on these following words which our Author very ingenuously hath laid before us viz. Fol. 233. If we look on the Non-conformists we shall finde all still and quiet who began now to repose themselves in a sad silence especially after the execution of Udal and Penry had so terrified them that though they might have secret dâ—signs we meet not their open and publick motions And to say truth it was high time for them to change their course in which they had so often been foil'd and worsted The learned works of Dr. Bilson after Bishop of Winchester in defence of the Episcopal Government of Dr. Cousins Dean of the Arches in mâ—intenance of the proceedings in â—ourts Ecclesiastical with the two Books of Dr. Bancroft the one discovering the absurdities of the Pretended holy Discipline the other their practices Positions to advance the same gave the first check to their proceedings at the push of pen. All which being publisht An. 1593. were seconded about two years after by the accurate well studied Works of Ric. Hooker then Master of the Temple and Prebend of Canterbury in which he so asserted the whole body of the English Liturgy laid such grounds to found her politie upon that he may justly be affirmed to have struck the last blow in this Quarrel But it was not so much the Arguments of these learned 〈◊〉 as the seasonable execution of some principal sticklers which occasioned the great calm both in Church and State not only for the rest of the Queens time but a long time after For besides that Cartright and some other of the principal and most active Leaders had been imprison'd and proceeded against in the Court of Starchamber the edge of the Statute 23 Eliz. c. 2. which before we spake of had made such terrible work amongst them that they durst no longer venture on their former courses Copping and Thacker hang'd at St. Edmondsbury in Suffolk Barrow and Greenwood executed at Tyburn and Penry at St. Thomas of Waterings Vdal Billot Studley and Bouler condemned to the same death though at last reprieved not to say any thing of Hackeâ— with Coppinger and Arthington his two Propheâ—s as more mad then the rest could not but teach them this sad lesson that 〈◊〉 is no safe dallying with fire nor jesting with edge tools But there are more wayes to the Wood then one and they had wit enough to cast about for some other way sâ—nce the first had fail'd them Hac non successit aliâ tentandum est 〈◊〉 had been learn't in vain if not reducible to practice So that it is no marvel if after this we finde them not in any publick and open motion when wearied with their former blusterings and terrified with the sad remembrâ—nce of such executions they betook themselves to secret and more dark designs Occultior Pompeius Caesare non mesior as it is in Tacitus Pompeys intentions were not less mischievous to the Common-wealth then Caesars were but more closely carried And bâ—bâ—cause closely carryed the more likely to have took effect had any but Caesar been the head of the opposite party The Fort that had been found impregnable by open batteries hath been took at last by undermining Nor ever were the Houses of Parliament more like to have been blown up with gunpowder then when the Candle which was to give fire to it was carried by 〈◊〉 in a dark 〈◊〉 Henceforward therefore we shall finde the Brethren 〈◊〉 anothâ—â— ward practising their party underhand working their business into a State-faction and never so dangerously carrying on the 〈◊〉 as when least observed Fill in the end when all preventions were let slip and the danger grown beyond prevention they brought their matters to that end which we shall finde too evidently in the end of this History To which before we can proceed we must look back upon a passage of another 〈◊〉 which without 〈◊〉 the coherencies of the former Observations could not be taken notice of and rectifed in its proper place and is this that followeth Fol. 179. Queen Elizabeth coming to the Crown senâ— for Abbot Fecknam to come to her whom the Messenger found setting of Elms in the Orchard of Westminster Abbey But he would not follow the messenger till first he had finished his Plantation â— The tale goes otherwise by Tradition then is here delivered and well it may For who did ever hear of my Elms in Westminster Orchard or to say truth of any Elms in any Orchard whatsoever of a late Plantation Elms are for Groves and Fields and Forests too cumbersom and over-spreading to be set in Orchards But the tale goes that Abbot Feckâ—anâ— being busied in planting Elms near his Garden wall in the place now 〈◊〉 the Deaâ—s-yard was encountred with one of his acquaintance saying My Lord you may very well save your labour the Bill for dissolving of your Monastery being just now passed To which the good old man unmoved returned this answer that he would go forwards howsoever in his plantation not doubting though it pleased not God to continue it in the state it was but that it would be kept and used as a 〈◊〉 of Learning for all times ensuing Which said our 〈◊〉 need not trouble himself with thinking how his 〈…〉 this day as he seems to do he knows where to finde them ANIMADVERSIONS ON The Tenth Book OF The Church History OF BRITAIN Containing the Reign of King James THE Puritan clamors being hush'd and the Papists giving themselves some hopes of better dayes afforded King Iames a quiet entrance to the Crown But scarce was he warm upon the Throne but the Puritans assaulted him with their Petitions and some of the Papists finding their hopes began to fail them turned
place for a Summers progress It is Nantes in Bretaigne which he means though I am so charitable as to think this to be a mistake rather of the Printer than our Authors own With the like charity also I behold three other mistakes viz. the Emperor of Vienna fol. 137. and the Archdutchesse of Eugenia fol. 139. Balfoure Caselie for Bolsovey Castle fol 192. By which the unknowing Reader may conceive if not otherwise satisfied that Balfour Castle was the antient seat of the Balfours from whence Sr. William Balfour Lieutenant of the Tower that false and treacherous Servant to a bountifull Master derives his pedigree Eugenia which was a part of that Ladies Christian name to be the name of some Province and Vienna the usual place of the Emperors residence to be the name of an Empire But for his last I could alledg somewhat in his excuse it being no unusual thing for Principalities and Kingdomes to take Denomination from their principal Cities For besides the Kings of Mets Orleans and Soissons in France we finde that in the Constitutions of Howel Dha the Kings of England are called Kings of London the Kings of South-Wales Kings of Dyneuor and the King of North-Wales Kings of Aberfraw each of them from the ordinary place of their habitation For which defence if our Author will not thank me he must thank himselfe The mention of Nantes conducts me on to Count Shally's Treason against the French King who was beheaded in that City of which thus our Author Fol. 63. The Count upon Summons before the Privy Councel without more adoe was condemned and forthwith beheaded at Nantes the Duke Momerancy then under Restraint suffered some time after But by his leave the Duke of Monmorency neither suffered on the account of Shalley's Treason nor very soon after his beheading which was in the year 1626. as our Author placeth it For being afterwards enlarged and joyning with Mounsier the Kings Brother in some designe against the King or the Cardinal rather he was defeated and took prisoner by Martial Schomberg created afterwards Duke of Halwyn and being delivered over to the Ministers of Justice was condemned and beheaded at Tholouse Anno 1633. Ibid. Our Wine-Merchants ships were arrested at Blay-Castle upon the Geroud returning down the River from Burdeaux Town by order of the Parliament of Rouen That this Arrest was 〈◊〉 by Order of the Parliament of Rouen I shall hardly grant the jurisdiction of that Parliament being confined within the Dukedome of Normandy as that of Renes within the Dukedome of Bretaigne neither of which nor of any other of the inferior Parliaments are able to doe any thing Extra Sphaeram Activitatis suae beyond their several Bounds and Limits And therefore this Arrest must either be made by Order from the Parliament of Burdeaux the Town and Castle of Blay being within the jurisdiction of that Court or of the Parliament of Paris which being Paramount to the rest may and doth many times extend its power and execute its precepts over all the others Fol. 92. At his death the Court was suddenly filled with Bishops knowing by removes preferments would follow to many expected advancements by it Our Author speaks this of the death of Bishop Andrews and of the great resort of Bishops to the Court which ensued thereupon making them to tarry there on the expectation of Preferment and Removes as his death occasioned till they were sent home by the Court Bishops with the Kings Instructions But in this our Author is mistaken as in other things The Bishops were not sent home with the Kings Instructions till after Christmas Anno 1629. and Bishop Andrews dyed in the latter end of the year 1626. after whose death Dr. Neil then Bishop of Durham being translated to the Sea of Winchester Febr. 7. 1627. Dr. Houson Bishop of Oxon succeeded him in the Sea of Durham in the beginning of the year 1628. Doctor Corbet Dean of Christ-church being consecrated Bishop of Oxon the 17 day of October of the same year so that between the filling up of these Removes and the sending the Bishops home with the Kings Instructions there happened about 15 Moneths so that the great resort of Bishops about the Court Anno 1627. when they were sent back with the Kings Instructions was not occasioned by the expectation of such Preferments and Removes as they might hope for on the death of Bishop 〈◊〉 Fol. 105. In Michaelmas Term the Lady Purbeck daughter and heir to the Lady Hatton by her former Husband and Wife to the Viscount Purbeck Brother to the Duke passed the tryall for adultery c. Our Author is here out again in his Heraldry the Lady Purbeck not being Daughter to the Lady Hatton by her former Husband but by her second Husband Sr. Edward Coke then Attorny Generall and afterwards successively Chief Justice of either Bench. Yet I deny not but that she was an Heir and a rich marriage as it after followeth For being Daughter to Thomas Cecil Earl of Exeter she was married by the care and providence of her Grandfather the Lord Burleigh to Sr. William Newport who being the adopted sonne of the Lord Chancellor Hatton succeeded in his name as well as in his Lands In ordering of which marriage it was agreed on that the vast Debt which the Chancellor owed unto the Crown should be estalled to small Annual payments and that in lieu thereof Sr. William in defect of issue should settle on his wife and her Heires by any Husband whatsoever the Isle of Purbeck and some other of the out parts of his Estate By means whereof her Daughter Frances which she had by Sr. Edward Coke was heir to Corse Castle in the Isle of Purbeck and so much of the rest of the Lands of Hatton as the mother being a woman of great expence did not sell or aliene Fol. 106. The King for all his former Arrears of loan was put to it to borrow more of the Common Councel of London 120000. l. upon Mortgage on his own land of 21000. l. per an And here I think our Author is Mistaken also the Citizens not lending their money upon Mortgage but laying it out in the way of purchase Certain I am that many goodly Mannors lying at the foot of Ponfract-Castle and appertaining to the Crown in right of the Duchy of Lancaster were sold out-right unto the Citizens at this time and therefore I conclude the like also of all the rest But whether it were so or not I cannot chuse but note the sordid basenesse of that City in refusing to supply their King in his great Necessities without Sale or Mortgage especially when the mony was to have been expended in defence of the Rochellers whose cause they seemed so much to favour But for this and other refusals of this nature the Divine vengeance overtook them within few years after the long Parliament draining them of a Million of pounds and more without satisfaction for every
to that admittance He won the Kingdome by his sword and by that he kept It. 'T is true that the people did petition him for a Restitution of the Laws of Edward the Conâ—essor in which such an immunity from extraordinary Taxes might be granted to them But I cannot finde that either he or William Rufus who succeeded did ever part with so much of their powet as not to raise money on the Subject for their own occasions whensoever they pleased And it is true also that both King Hen. 1. and K. Steven who came to the Crown by unjust or disputable Titles did flatter the people when they first entred on the Throne with an hope of restoring the said Laws but I cannot finde that ever they were so good as their words nay I finde the contrary The first of our Kings which gave any life to those old Laws was King Hen. 2. the first granter of the Magna Charta which notwithstanding he kept not so exactly as to make it of any strength and consequence to binde his Heirs But the Commons having once tasted the sweetnesse of it and with the Lords in a long war against King Iohn from whom they extorted it by strong hand and had it confirmed unto them at a place called Running Mead near Stanes Anno 1215. Confirmed afterward in more peaceable times by King Hâ—n 3. in the Ninth year of hiâ— Reign But so that he and his Successors made bold with the Subject notwithstanding in these money matters till the Statute de Tallagio non concedendo was past by Edward of Carnarvon eldest Son to King Edward the third at such time as his Father was beyond the Seas in the war of Flanders which being disâ—llowed by the King at his coming home seems to have been taken off the File to the intent it might not passe for a Law for the time to come nor is it to be found now in the Records of the Tower amongst the Laws of that Kings time as are all the rest But from the generall position touching the hereditary freedom of the Eâ—glish subject from Taxes and Tallage not granted and confirmed by Parliament our Authour passeth to such Râ—tes and Impositions as are laid on Merchandize of which he telleth us that Ibid. Moâ—â—ly these upon Merchandise were taken by Parliament six â—r twelve per pound fâ—r time and years as they saw cause for defence of the Sea and afterwards they were granted to the King for life and so continued for divers descents Our Authour had before told us that the Merchant in â—ormer times usually gavâ— consent to such taxes but limited to a time tâ— the ratification of the next following Parliament to be cancelled â—r confirmed By which it seems that the Kings hands were so tied up that without the consent of the Merchant or Authority of the Parliament he could impose no tax upon â—ny Merchandise either exported or imported But cerâ—ainly whatever our Authour saies to the contrary the King might impose rates and taxes upon either by his sole prerogative not troubling the Parliâ—ment in it nor asking the leave of the Merchant whom it most concerned Which Taxes being accustomably paid had the name of Customes as the Officers which received them had the name of Customers Concerning which we finde no old Statute or Act of Parliament which did enable the King to receive them though some there be by which the King did binde himself to a lesser rate then formerly had been laid upon some commodities as appears by the Statute of the 14. of King Edward 3. where it is said that neither we nor our Heirs shall demand assesse nor take nor suffer to be taken more custome for a Sack of Wool of any English man but half a mark only And upon the Woolfels and Lether the old Custome And the Sack ought to contain 26. stone and every stone 14. pound By which it seems that there had been both Customes and old Customes too which the Kings of England had formerly imposed on those commodities now by the goodnesse of this King abated to a lesser summe and deduced to a certainty The like Customes the Kings of England also had upon forreign Commodities 〈◊〉 namely upon that of wine each Tun of Wine which lay before the Mast and behinde the Mast bâ—ing duâ— unto the King by Câ—stome receiv'd accordingly sic de câ—teris But being these old Customes were found insufficient in the times of open hostility betwixt uâ— and France both to mâ—intain the Kings Port and to enable him to guard the Seas and secure his Merchants a Subsidie of Tâ—nnage and Poundage impos'd at a certain rate on all sorts of Merchandize was granted â—â—rst by Act of Parliament to King Hen. 6. and afterward to King Edw. 4. in the 12. Year of his Reign and finally to all the Kings successively for term of life Never denied to any of them till the Coâ—mons begâ—n to think of lessening the Authority Royall in the first Yâ—ar of King Charles whom they had engaged in a War with the King of Spain and meâ—nâ—â—o make use of the advantage by holding him to hard meats till they had brought him to a necessity of yeelding to any thing which they pleased to ask For in the first Pâ—rliament of his Reign they past the Bill â—or one Year only which for that cause was rejected in the House of Lords In the 〈◊〉 Parliament they were too busie with the Duke to do any thing in it And in the first Session of the third theâ— drew up a Remonstrance against it as if the King by passâ—â—g 〈◊〉 Petition of Right had parted with his Interest in that Imposition Nor staid they there but in the â—umultuous end of the next Session they thundred out their Aâ—athema'sâ—ot â—ot only against such of the Kings Ministers as should act any thing in the levying of his Subsidie of Tunnage and Poundage but against all such as voluntarily should yield or pay thâ— same not being granted by Parliament as betrayers of the Liberties of England and enemies to this Common-wealth And though the King received it but not without some losse and difficulty from the first year of his Reign to the sixteenth current yet then the Commons being backt with a Scottish Army resolved that he should hold it not longer but as a Tenant at will and that but from three Moneths to three Moneths neither And then they past it with this clogge ' which the King as his case then stood knew not how to shake off viz. that it must be declared and enacted by the Kings Authority â—nd by the Authority of the Lords and Commons assembled in Parliament Thâ—t it is and hath been the ancient Right of the Subjects of this Realm that no Subsidy Custome Impost or other charge whatsoever ought or may be laid or imposed upon any Merchandise exported or imported by Subjects Denizenâ— or Aliens without common consent in Parliament As for the Imposition raised on
have read that he called in any of the Scyâ—hick Nations to assist him against the Saracens so there was no reason why he should The Saracens in his time had neither extended their Conquests nor wasted his Empire so far Northwards as to necessitate him to invite any such Rake-Hâ—ll Rabble of Scythâ—ans to oppose their proceedings By doing whereof he must needs expose as great a part of his Dominioâ—s to the spoil of the Scythians as had been wasted and in part conquered by the Saracens I read indeed That Cosâ—oâ—s one of the Kings of Persia the better to annoy Herâ—â—lius in those parts of the Empire which were dearest to him hired a compounded Army of Sâ—laves Avares Gepidâ— and others neighboring near unto them to invade Thrace and lay siege unto Constantinople the Imperial Seat to curb whose Insolencies and restrain their further progress into the heart of that Countrey Heraclius hired another Army compounded of the like Scythick Nations which in those days passed under the common name of the Chasnari and it was very wisely done For by that means he did not onely waste those Barbarous Nations all of them being his very bad Neighbors in warring one against another but reserved his own Subjects for some other occasions And as it was done wisely so was it done as lawfully also there being no Law of God or Man which prohibits Princes when they are either invaded by a foreign Enemy or overlaid by their own Subjects to have recourse to such helps as are nearest to them or most like to give them their Assistance Which point our Author prosecutes to a very good purpose though he mistake himselfe in the instance before laid down The Irish were then upon the point of calling the French unto their aid under pretence that their own King was not able to protect them against the Forces of those men who had conâ—iscated their Estates and were resolved upon their final extermination And had the King upon the first rising of the Scots poured in an Army of the Danes to waste their Countrey and fall upon them at their backs as Heraclius poured in the Câ—snari upon the Selaves Avares and the rest of that Rabble he had done his work and he had done it with half the charge but with more security then the bare ostentation of bringing an English Army to the Borders of Scotland did amount unto Which as he might have done with less charges so I am sure he might have done it with far more security The Danes being Lutherans fear nothing more then the grouth of the Calvinian party and therefore would have fought with the greater Zeal and the fiercer Courage on the very merit of the cause And having no confederacies or correspondencies with the Scots in order to Liberty or Religion as the Scots had with too many of the people of England the King might have relied upon them with a greater confidence then he could do on a mixt Body of his own in which the Puritan party being more pragmatical might have distempered all the rest Such aids were offered him by his Uncle of Denmark when the two Houses had first armed his people against him But he refused them then for fear of justifying a Calumny which cunningly had been cast upon him of admitting Foreign Nations into the Kingdom to suppress the Liberties of the people and to change their Laws Afterwards when he sought for them then the could not have them the Houses no less cunning hiring the Swedes to pick a Quarrel with the Danes the better to divert that King from giving assistance to his Nephew in his greatest needs But the consideration of this mistake in my Author about the Scythians hath ingaged me further in this point then I meant to have been I go on again Fol. 1002. But the Members were not well at ease unlâ—sse some settlement were made for them by Orders and Ordinances c. â— Nor were they at ease till they had made the like settlement for some others beside themselves Some sequestred Divines conceiving that all things were agreed on between the King and the Army had unadvisedly put themselves into their Benefices and outed such of the Presbyterians as had been placed in them by the Committee for Plandered Ministers or the Committees in the Countrey And on the other side divers Land-holders in the Countrey conceiviâ—g that those Ministers who had been put into other mens livings could not sue in any Court of Law for the Tythes and Profits of those Churches for want of a Legall Title to them did then more resolutely then ever refuse to make payment of the same For remedy of which two mischiefs the Independent Members having setlâ—d themselves by Orders and Ordinances concur with the Presbyterian Members to settle their Brethren of the Clergy in a better condition then before And to that end they first obtained an Ordinance dated the 9. of August Anno 1647. in which it is declared That every Minister put or which shall be put into any Parsonage Rectory Vicarage or Ecclesiasticall Living by way of Sequestration or otherwise by both or either the Houses of Parliament or by any Committee or other person or persons by Authority of any Ordinance or Order of Parliament shall and may sâ—e for the Recovery of his Tythes Rents and other duties by vertue of the said Ordinance in as full and ample manner to all intents and purposes as any other Minister or other person whatsoever This being obtain'd to keep in awe the Landholders for the time to come they obtained another Ordinance dated the 23 of the same Moneth for keeping the poor sequestred Clergy in a far greater awe then the others were by which iâ— was Ordered and Ordained That all Sheriffs Mayors Bayliffs Justices of the Peace Deputy Lieutenants and Committees of Parliament in the several Counties Cities and places within this Kingdom do forthwith apprehend or cause to be apprehended all such Minister as by authority of Parliament have been put out of any Church or Chappell within this Kingdom or any other person or persons who have entred upon any such Church or Chappell or gained the possession of such Parsonage Houses â—ithes and profits thereunto belonging or have obstructed the payment of Tithes and other profits due by the Parishioners to the said Ministers there placed by Authority of Parliament or Sequestrators appointed where no Ministers are setled to receive the same and all such persons as have been Aiders Abettors or Assisters in the Premises and commit them to prison there to remain until such satisfaction be made unto the severall Ministers placed by the said Authority of Parliament for his or their damages sustained as to the said Sheriffs Mayors c. shall appear to be just c. So little got the Sequestred Clergy by their Petition and Addresse to Sir Thomas Faâ—rfâ—x that their condition was made worse by it then it was before in that the Acts of the Committees
al ove one hundred in number forcibly sâ—â—ze upon violently kept out of and driven from the House by the Officers and Souldiers of the Army under Thomas Lord Fairfax c. And thirdly We finde after this that Sir Iohn Temple Sir Martin Lumley Câ—l Booth M. Waller M. Middleton and others were turned back by such Souldiers as were appointed to keep a strict guard at the doors of the House So that the whole number of those who weâ—e imprisoned and kept under restraint or otherwise were debarred and turned back from doing their service in the House waâ— reckoned to amount to an hundred and fourty which comes to thrice as many as the 40 or 50 which our Author speaks of But to proceed the Officers of the Army having thus made themselves Masters of the House of Commons thought fit to make themselves Masters of the City also To which end they ordered two Regiments of Foot and some Troops of Horse to take up Quarters in Pauls Church and Black-fryers on Friday the 8. of the same moneth and on the â—unday following sent diverse Souldriers to be quartered in the Houses of private Citizens which notwithstanding such was their tender care not to give any diâ—turbance to them that lbid Not to fâ—ighten the City the General writes to my Lord Mayor that he had sâ—nt Col. Dean to seize the Treasuries of Haberdashers Goldsmiths and Weavers Halls where they seize on 20000.l that by the Monies he may pay his Armies Arrears The Authour whom our Historian followeth in all these late traverses of State relates this businesse more distinctly and inteâ—ligently then we finde it here viz. That two Regiments of Foot and some Troops of Horse took up Quarters in Pauls and Black-frier and seized upon 20000. l in Weavers Hall which they promised to repay when the Lord Mayor and Common Councell please to bring in the Arrears due from the City They secured likewise the Treasures of Haberdashers and Goldsmiths Hall Here we have first a seizure of the 20000. l in Weavars Hall for the use of 〈◊〉 Army and a securing of the Treasures in the other two that they might not be employed against it The 20000 l. which they found in the first was the remainder of the 200000 l. which was voted to be brought in thither for the raising of a New Presbyterian Army under the command of the Lord Willoughby of Parhâ—â— as Lord Generall and Sir Iohn Maynard as Lieutenant Generall to reduce that Army to conformity which had so successively served under the command of Sir Thomas Fairfax But the other two being hard names and not very easie of digestion require somewhat which may make them lighter to the understanding of the vulgar Reader Concerning which we are to know that severall Ordinances were made by the Lords and Commons for sequestring the Estates of all such who had adhered unto the King whom to distinguish them from their own party they called Delinquents and a severe couâ—se was taken in those sequestrations as well in reference to their personall as reall Estates to make them the more considerable in the purse of the Houseâ— But finding no such great profit to come in that way when every Cook who had the dressing of that dish had lickt his fingers as they did expect they were contented to admit them to a Composition These Compositions to be managâ—d at Goldsmiths Hall by a select Committee consisting of severall Members of the House of Commons and some of the most pragmaticall and stiff sort of Citizens the parties to compound had 2. 3. 4. 5. 6. or 7. years purchase according as they either offered themselves voluntarily or came in upon Articlâ—s or were forced to submit to mercy What infinite summes of money were brought in by these compositions he that list to see may finde them both in the severall Items and the summa toâ—â—alâ—s in their printed Tables And yet the payment of these Sums was the least part of the grievance compared unto those heavy clogs which were laid on their Consciences For first No man was admitted to treat with the Committee at Goldsmiths Hall till unlesse he was priviledged and exempt by Articles he had brought a Certificate that he had taken the Negative Oath either before the Committee for the Militia of London or some Committee in the Countrey where he had his â—welling And by this oath he was to swear that he would neither directly nor indirectly adhere unto or wilâ—â—â—gly assist the King in that War or in that cause against the Parliament nor any Forces raised without the consent of the two Houses of Parliament in thâ—t cause or War for which consult the Ordinance of the Lords and Commons bearing date April 5. 1645. And secondly It was Ordered by the said Lords and Commons on the 1. of November 1645. That the Committee of Goldsmiths Hall should have power to tender the Solemn League and Covenant to all persons that come out of the Kings Quarâ—â—â—s to that Committee to compound and to secure such as should refuse to take it until they had conformed thereunto And by that Covenant they were bound to endeavour the extirpation of Popery and Prelacy that is Church-government by Arch-Bishops and Bishops c. and to defend the Kings Person and Authority no otherwise then in order to the preservation and defence of the true Religion and Liberties of the Kingdoms And if the party to compound were a Romane Catholick there was an Oath of Abjuration to be taken also before any such Sequestration could be taken off if once laid upon him By which he was to swear That he abjured and renounced the Popes Supremacy that he beleeved not there was any Transubstantiation nor Purgatory nor any worship to be given to the consecrated Host Crucifix or Images and that salvation could not be merited by works renouncing and abjuring all Doctrines in defence of thâ—se points To such a miserable necessity had they brought many of that party that they thought if safer as they use to say to trust God with their souls then such unmercifull men with their Lives Fortunes and Estates And yet this was not thought to be a sufficient punishment to them but they must first passe through Hâ—berdashers Hall which is the last of my hard words before they could be free of the Goldsmiths And in that Hall they were to pay the fifth and twentieth parts of their Estates as well real as personall in present money all men being brought within the power of the Committee not only who were called Delinquents but such as had not voluntarily contributed to the Parliament in any place whatsoever as appears by the Order of the Commons bearing date August 25. 1646. By which last clause more Grist was brought unto that Mill then can be easily imagined their Agents being very eager in that pursuit So that it was accounted a great benefit as indeed it was to them who came in upon the Articles of
passing of the Statute of Praemunire were without any further Ratification obligatory to all subjected to their jurisdiction And he hath told us also of such Convocations as had been called between the passing of the Statute of Praemunire and the Act for Submission that they made Canons whiche were binding although none other then Synodical Authority did confirme the same Upon whiâ—â—â—remisses I shall not fear to raise this Syllogism viz That power which the Clergy had in their Convocations before their submission to the King to binde the subject by their Canons and Constitutions without any further Ratification then own Synodicall Authority the same they had when the Kings power signified in his Royal assent was added to them but the Clergy by our Authors own confession had power in their Convocations before their submission to the King to binde the Subject by their Canons and Constitutions without any further ratification then their own Synodical Authority Ergo they had the same power to binde the Subjects when the Kings power signified by the Royal assent was added to them The Minor being granted by our Author as before is shewed the Major is only to be proved And for the proof hereof I am to put the Reader in minde of a Petition or Remonstrance exhibited to the King by the House of Commons Anno 1532. in which they shewed themselves agrieved that the Clergy of this Realm should act Authoritatively and Supremely in the Convocations and they in Parliament do nothing but as it was confirmed and ratified by the Royal assent By which it seems that there was nothing then desired by the House 〈◊〉 â—ommons but that the Convocation should be brought down to the same level with the Houses of Parliament and that their Acts and Constitutions should not binde the Subject as before in their Goods and Possessions untill they were confirmed and ratified by the Regal power The Answer unto which Remonstrance being drawn up by Dr. Gardiner then newly made Bishop of Winchester and allowed of by both Houses of Convocation was by them presented to the King But the King not satisfied with this Answer â—â—solves to bring them to his bent leâ—t else perhaps they might have acted something to the hindrance of his divorce which was at that time in agitation and therefore on the 10 of May he sends a paper to them by Dr. Fox after Bishop of Hereford in which it was peremptorily required That no Constitution or Ordinance shall be hereafter by the Clergy Enacted Promulged or put in Execution unlesse the Kings Highness do approve the same by his high Authority and Royal assent and his advice and favour be also interponed for the execution of every such constitution among his Highnesse Subjects And though the Clergy on the receipt of this paper remov'd first to the Chappel of St. Katherines and after unto that of St. Dunstan to consult about it yet found they no Saint able to inspiâ—e them with a resolution contrary to the Kings desires and therefore upon the Wednesday following being the 15 of the same Moneth they made their absolute submission binding themselves in Verbo Sacerdotii not to make or execute any Canons or other Synodical Constitutions but as they were from time to time enabled by the Kings Authority But this submission being made unto the King in his single person and not as in conjunction with his Houses of Parliament could neither bring the Convocation under the command of Parliaments nor render them obnoxious to the power thereof as indeed it did not But to the contrary hereof it is said by our Author that Fol. 194. He viz. the King by the advice and consent of his Clergy in Convocation and great Councel in Parliament resolved to reform the Church under his inspection from grosse abuses crept into it To this I need no other Answer then our Author himself who though in this place he makes the Parliament to be joyned in Commission with the Convocation as if a joynt Agent in that great business of Reforming the Church yet in another place he tels us another tale For fol. 188. it will appear saith he and I can tell from whom he saith it upon serious examination that there was nothing done in the Reformation of Religion save what was acted by the Clergy in their Convocations or grounded on some Act of theirs precedent to it with the Advice Counsel and Consent of the Bishops and most eminent Churchmen confirmed upon the Postfact and not otherwise by the Civill Sanction according to the usage of the best and happiest times of Christianity So then the Reformation of the Church was acted chiefly by the King with the advice of the Clergy in their Convocation the confirmation on the post-fact by the King in Parliament and that by his leave not in all the Acts and Particulars of it but in some few only for which consult the Tract entituled The Way and Manner of the Reformation of the Church of England Now as our Author makes the Parliament a joynt Assistant with the King in the Reformation so he conferreth on Parliaments the supreme Power of ratifying and confirming all Synodicall Acts. Fol. 199. The Parliament saith he did notifie and declare that Ecclesiasticall power to be in the King which the Pope had formerly unjustly invaded Yet so that they reserved to themselves the confirming power of all Canons Ecclesiastical so that the person or property of Refusers should not be subjected to temporal penalty without consent of Parliament But certainly there â—is no such matter in that Act of Parliament in which the submission of the Clergy and the Authority of the King grounded thereupon is notified and recorded to succeeding times nor any such reservation to themselves of a confirming power as our Author speaks of in any Act of Parliament I can knowingly and boldly say it from that time to this Had there been any such Priviledge any such Reservation as is here declared their power in confirming Ecclesiastical Canons had been Lord Paramount to the Kings who could have acted nothing in it but as he was enabled by his Houses of Parliament Nor is this only a new and unheard of Paradox an Heterodoxie as I may call it in point of Law but plainly contrary to the practice of the Kings of England from that time to this there being no Synodical Canons or Constitutions I dare as boldly say this too confirmed in Parliament or any otherwise ratified then by the superadding of the Royal assent For proof whereof look we no further then the Canons of 603 and 640 confirmed by the two Kings respectively and without any other Authority concurring with them in these following words viz. We have therefore for Us our Heirs and lawful Successors of our especial Grace certain knowledge and meer motion given and by these pâ—esents do give our Royal assent according to the foâ—m of the said Statute or Act of Parliament aforesaid to all and every of