but of late and were first called so 16 Rich. 2. c. 1. in our Statutes By his spiritualties I mean those wherein he is more then a Presbyter and therein I consider his authority over Presbyters by the Oath of Canonicall Obedience by which he may command them to collect tenths granted in Convocation c. 20 Hen. 6.13 p. 25. Secondly his Office which is partly Judiciall and partly ministeriall Judiciall by which he is Judge in his Courts of all matters Ecclesiasticall and spirituall within his Diocesse Cok. Rep. 8. Trollops C. Secondly he is Judge of the fitnesse of such as are presented unto him to be instituted into Benefices Cok. rep 5. Specots cap. Ministeriall and thereby he is to Sacred places Dedicate to Divine Service 9. H. 6.17 pag. 8. Secondly he is to provide for the officiating of Cures in the avoydance of Churches on neglect of the Patrons presenting thereunto Thirdly he is to certifie loyall Matrimony generall bastardy and excommunication Fourthly to execute Judgements given in quare impedit upon the writ Ad admittendum Clericum and other c. Fiftly to attend upon tryals of life to report the sufficiency or insufficiency of such as demand Clergy Sixtly to ordaine Deacons and Presbyters All these I conceive to be Jure humano given to these Bishops and may upon cause be taken away from them Ob. Bishops have been in the Primitive Church and are Apostolicall and from the beginning Sol. To this I answer first that in the pure primitive times of the Church the History whereof is recorded in the Acts and Epistles of the Apostles in which the first and best patterns of Church government is expressed there is no mention of other Bishops then the Presbyters as appeares First the holy Scriptures declare the duties and office of Presbyters and Bishops to be one the same The Bishop is to teach and rule his Church or Congregation 1 Tim. 3.2.5 and the Presbyter is to teach and feed his flock and to oversee care for and rule them 1 Pet. 5.2.3 Secondly the Presbyters are in holy Scriptures said to be the Bishops of the holy Ghost Acts 20.28 Paul charges the Presbyters of Ephesus to take heed to the flock whereof the Holy Ghost had made them Bishops And other Bishops the Holy Ghost never made Thirdly Ephesians 4.11 God is said to have given to his Church for the perfecting of the Saints for the work of the Ministery and for the edifying of the body of Christ Apostles Prophets Evangelists Pastors and Teachers here is an expres enumeration of the officers God hath given whereof the first three are extraordinary and ceased and the last only remains and is to remain untill we all come to perfection as it is ver 13. and this perpetuall Officer is called Pastor in relation to his flock whom he is to govern in Spiritualibus and Teacher in respect of his duty to feed them with the word of truth and is the very same with the Presbyter as appeares above Argumentum à divisione est fortissimum The Bishop as he is any more then a Presbyter is none of these no Officer given by God and therefore ought not to be in the Church Christ the King of his Church was faithfull in his House not only as a servant as Moses was but as the Son in an excellency and eminency Heb. 3.5 and to his kingly Office it pertains to appoint the Officers he will use for the government of his Church in spiritualibus and it agrees not with his faithfulnesse to neglect or omit the appointment of them and leave his House his Church without such Officers He is only wise and therefore best knows what Officers are usefull for his Church and infinitly loving of his Church and therefore hath not left her without any Officer fit for her Ob. Titus in the end of Pauls Epistle unto him is said to be the first Bishop of Crete and Timothy in the end of the Epistles unto him to be the first Bishop of Ephesus Sol. Those additions are spurious and no part of the holy Scriptures Derk upon Gal. 6. infine For Tim. See 1 Cor. 4.17 16.10 Acts 17.13.15 19.22 20.4.5 1 Thes 3.1.6 Heb. 13.25 Colos 1.1 Phil. 1.1 2.19 For Titus See 2 Cor. 7.13 8.6.16.23 and 12.18 Gal 2.1 2 Tim. 4.10 Tim. 1.5 and â— 3.12 and as Beza observes are not in many greek ancient copies to be found and this is so evident as it is granted by most Divines 2. And as they be no part of the Scriptures of God so they be apparently contrary unto them for by them it appears that they namely Titus Timothy were Evangelists extraordinary officers associats and fellow-helpers of the Apostles in their generall and Universall function attendant upon them and sent by them as occasion required from one Church to another never keeping any fixed residence any where and if they had been Bishops of any place Paul would never have suffered much lesse forced them to be non-residents Saint John Revel 12.3 writing to the 7 Churches of Asia directs his speech to the Angel of each Church Ob. 2. and in each of those Churches there were then severall Congregations and Presbyters therefore the Angel was the Bishop over them To this I answer that as Angel is a name common to all Presbyters who are Christs Messengers and Ambassadors So it appears to be used here by the very context cap. 2. v. 10. Where speaking to the Angel of the Church of Smyrna the holy Ghost saith Feare none of the things thou shalt suffer the Devill shall cast some of you into prison but be thou faithfull c. Angel being nomen multitudinis is taken in these chapters collectively for all the Presbyters some of whom the adversaries should imprison and not for any one above or before the rest The same appears in the like manner ver 13.23 Seeing then the Episcopacy may be taken away in all wherein it exceeds the Presbyters office and that the office of the Presbyter is cleerly jure divino I conceive we are first to restore the Presbyter to his due and to him it belongs to teach and feed his flock and to oversee care for and rule them in spiritualibus Act. 20.17 1 Tim. 3.2.5 1. Pet. 5.2.3 So saith the holy Scripture And so saith our Law also He is to minister the Doctrine and the Sacraments and the discipline of Christ as the Lord hath commanded and as this Realme hath received the same according to the commandements of God See the book of Ordering of Priests in the 3. question And he is called in our Law Rector Ecclesiae and the words of his institution be Teâ—octorem Ecclesiae instituimus curamque regimen animarum parochianorum tibiâ—in Domino committimus The Bishops have taken by usurpation from the Presbyter divers rights first contrary to his Ordination and institution they will not suffer him to preach in his own Cure
Lalors c. Selden of tithes 415. Eighthly The matters which are meerly and only spirituall which are properly of Ecclesiasticall cognizance were anciently by the Lawyers of this Kingdome heard and determined in the County and hundred Courts by the Sheriffe and the Bishop and by William the Conquerour these matters were taken thence and appropriated to the Bishop alone 2 R. 2. Rotul Parliament num 12. Selden of tithes 412. Book of Martyrs 154. And by the Law of God as I conceive they ought to be heard determined by them that have rule in the particular congregations and Churches Mat. 18.17 1 Cor. 5. which if it were so among us would be a wonderfull ease and save great charges to the subject And where the difficulty of case or greatnesse of the persons whom it may concern or where the Governors in particular Congregations demean not themselves as they ought it ought to be referred to a Synod of Presbyters so many as shall be thought meet as Acts 15. a question of difficulty arising in the particular Church of Antioch and the dissention growing great about the same they sent to Hierusalem and there the Apostles and Presbyters convened debated concluded and decreed the matter and imposed the observation thereof upon Antioch and other Churches ver 1.2.6.28 The Apostles would not meddle in the question without the Presbyters and other Bishops there were none there nor in the Churches And faelicius expediuntur negotia commissa pluribus in the multitude of Counsellors there is safety Proverb 11.14 And the change of our Laws in case this House shall see cause for it will not be so great or difficult as is conceived by some For ordination admonition suspension and deprivation of Presbyters and the judgement of the fitnesse of persons to be invested into Benefices Ecclesiasticall and the care of providing for the serving of Cures during the vacancy and avoydance of Churches and taking of the subscription of Ministers to the Articles of Religion 13 Eliz. cap. 12.14 Eliz. cap. 5. and the visiting of Hospitals whose Founders have appointed no visitors which are now in the Bishop may be settled in a convention of Presbyters to be appointed for every hundred from whom appeale may be had upon every gravamen to a greater Assembly of them and those Presbyters or any one of them may be inabled to give the Oathes of Supremacy and alleageance where the Bishop is authorised to give the same And Excommunication may be ordered to be certified by the Parson 3 Eliz. c. 1.7 Jac. cap. 6. Vicar or Stipendary of that Church where the party is excommunicate And all Churches presentative may be filled by investure of the Patrons and all questions concerning them be determined by the same rules of law as Donatives are And loyall Matrimony be tryed by a Jury where the woman is party to the suit as now it is where she is not party so E. 3.15 P. 5.11 H. 4.4 B. 30. and as it is now where the issue is Nient sa femme 12. E. 3. Briefe 481.50 E. 3.15 B. 7. H. 6.12 June 35. H. 6.9 P. 10. Coke 8. E. 4.12 a Laton And Bastardy generall Bastardy beyond Sea within the Stature 25 E. 3. De natis ultra mare may be made tryable by Jury as now speciall Bastardy is 11 Ass 20.38 ass 24.39 E. 3.31.6 7. Ed. 6. Dier 79. P. 52. So tithes may be reduced to the Common Law and be sued for there as it was ever in the case of the King or his Debtor 38. ass 20. Cok. r. 5.16 a Cawdreis case and as it is by the Statute of 2 and 3 E. 6. cap. 13. And for the Bishops attendance on tryals of life it is needlesse he being no Judge in it but the Court who may appoint any other or doe it themselves And for Sacring of Churches and other dead things it is fit to be neglected and left off being a Popish vaine superstition and without colour of countenance from the word of God the Leviticall consecrations being typicall and shadows of the good things we enjoy under the Gospel Heb. 9.19 c. The Bishop being thus reformed and reduced to a condition and state agreeable to the word of God the only right rule of reformation The Deans Chapters Vicars Generall Chancellors 25 Exod. 9 40. 1 Chron. 28.11.19 Ezek. 4.10 2 Cor. 4 6. and the rest of his Traine qua tales being tellaris inutile pondus are to be removed and taken away also as superfluous and uselesse We have intrusted the Episcopacy these fourescore and two years with the cure of Soules a trust of the highest concernment if we consider the price of Souls Our Saviour is at a stand in it What shall a man give in recompence for his Soule Mat. 16.26 the price of it is best seen in the price given for it God and man must become a curse to redeem it How have they discharged this trust Survay the Churches throughout the Kingdome and you shall finde neer eight parts of tenne of them filled with Idoll idle or scandalous Ministers whom the Bishops might have by law refused if discovered unto them before-hand and ought to have removed being discovered unto them afterwards And it hath aboundantly appeared this Parliament upon examinations taken in this House of Commons and the Committees thereof that when Ministers extreamly scandalous have been discovered to the Bishops and their Officers and in the High-commission Court they have received no further censure then admonition or to be put to purgation and so sent home to destroy more Soules as if they had not done sufficiently in that way before But if any godly learned and painfull Preacher hath been discovered by them they have sought out all occasions against such to thrust them out of the Church and lay their Congregations waste and desolate and every trifle though indifferent in their own account hath been made use of and sufficed them for this yea they have made occasions and traps to overthrow such worthies without Law and against Law And herein they have inherited the vertues of Diotrephes their first Predecessor who would not receive the brethren and forbad them that would and cast both out of the Church 3 John 10. And though some of the Bishops have been and are good men yet look into their Diocesse and the Churches in their gift and judge whether they be good Bishops or no you shall sinde them as faulty concerning this great trust as any of the rest And whether it be not from hence evident or at least greatly to be suspected that some curse cleaves to the very Office of Bishops when good men cannot manage it to any better purpose then the bad let any man judge This Spirituall Monarchy hath two incidents inseparable unto it first that it is alwayes incroaching and usurping upon other powers and swallowing them up as the series of all ages aboundantly manifests Secondly that it is ever
the East-Indies and may erect a Company of the West-Indies for the golden fleece which shall bee prepared for you whensoever you are ready for so great a Consultation The right way to nourish these Northâ—â—â—e Trades is by his Majesties favour to presse the King of Denmarke to Justice not to come as his intolerable Taxes newly imposed upon Trade in the passage of the Sound in Examples whereof the Elector of Brandenburgh joyning with the King of Poland hath likewise more then trebled the ancient and capitulated Duties which if that they shall continue I pronounce all the Commerce of the Baltique Sea so over-burthened That the East-land Company cannot subsist nor without them and the Muscovie Company the Navigation but that the materials for shipping will be doubled which will eat out all Trades I have given you but Essayes and strooke little sparkes of fire before you My intention is but to provoke the wit and ability of others I have drawn you a Map wherein you cannot see things clearely and distinctly onely I introduce matter before you and now I have done when I have shewed you the way how to enlarge and bring every particular thing into debate To which end my motion and desire is this That we may send to every severall Company of Merchants trading in Companies and under Government and Priviledges and to aske of them what is their Grievances in their generall Trade not to rake into private Complaints what are the causes of decay or abuses in their Trades and of the want of money which is visible and of the great losses both to the Kingdome and to every particular by the late high exchanges and to desire every one of these Companies to set downe their judgement in writing to the Committee by a day appointed and having from them all the generall state of the complaints severally we shall make some judgements of these relations one to another this done I desire to require all the same severall Companies upon their owne papers to propose to us in writing the Remedies appliable in their judgement which materials having all together and comparing one with another we shall discover that truth which we seeke that is whether Trade and Money decay or not and how to remedy it But I have one request more and so I will ease you of my losse of your time That when from all these Merchants we shall have before us so much matter and without such variety and perhaps not without private and partiall ends that then you will give me leave to represent to you the names of some generall and others dis-interessed and wel experienced in many particulars who may assist our judgements in all the premisses particularly in moneys and exchanges and give us great light to prepare our result and resolution to bee by the whole House of Commons represented to his Majesty and for expedition that a sub-Committee may be named to direct this Information from the Merchants THE LORD FAUKLAND His SPEECH Concerning EPISCOPACY MASTER SPEAKER he is a great stranger in Israel who knowes not that this Kingdome hath long laboured under many and great oppressions both in religion and liberty and his acquaintance here is not great or his ingenuity lesse who doth not both know and acknowledge that a great if not a principall cause of both these have beene some Bishops and their adherents Master Speaker a little search will serve to find them to have beene the destruction of unitie under pretence of uniformity to have brought in superstition and scandall under the titles of reverence and decency to have defil'd our Church by adorning our Churches to have slackned the strictnesse of that union which was formerly betweene us and those of our religion beyond the sea an action as unpoliticke as ungodly Master Speaker wee shall finde them to have Tith'd Mint and Anise and have left undone the weightier works of the Law to have been lesse eager upon those who damne our Church then upon those who upon weake conscience and perhaps as weake reasons the dislike of some commanded garment or some uncommanded posture onely abstained from it Nay it hath been more dangerous for men to goe to some neighbours Parish when they had no sermon in their owne then to be obstinate and perpetuall Recusants while Masses have been said in security a conventicle hath beene a crime and which is yet more the conforming to ceremonies hath beene more exacted then the conforming to Christianity and whilest men for scruples have beene undone for attempts upon Sodomie they have onely beene admonished Master Speaker we shall find them to have beene like the hen in Esop which laying every day an egge upon such a proportion of barly her Mistresse increasing her proportion in hope shee would encrease her egges shee grew so fat upon that addition that shee never laid more so though at first their preaching were the occasion of their preferment they after made their preferment the occasion of their not preaching Master Speaker we shall find them to have resembled another fable the dog in the manger to have neither preached themselves nor employ'd those that should nor suffered those that would to have brought in catechising only to thrust out preaching cryed downe Lectures by the name of Factions either because their industry in that duty appeared a reproofe to their neglect of it not unlike to that we read of him who in Nero's time and Tacitus his story was accused because by his vertue he did appeare Exprobrare vitia Principis or with intention to have brought in darknesse that they might the easier sow their tares while it was night and by that introduction of ignorance introduce the better that Religion which accompts it the Mother of devotion Master Speaker in this they have abused his Majesty as well as his people for when they had with great wisedome since usually the children of darknesse are wiser in their generation then the children of light I may guesse not without some eye upon the most politicke action of the most politicke Church silenced on both parts those opinions which have often tormented the Church and have and will alway trouble the schooles they made use of this declaration to tye up one side and let the other loose whereas they ought either in discretion to have beene equally restrained or in justice to have beene equally tolerated And it is observable that that party to which they gave this licence was that whose doctrine though it were not contrary to law was contrary to custome and for a long while in this Kingdome was no oftner preached then recanted The truth is Master Speaker that as some ill Ministers in our state first tooke away our mony from us and after indeavoured to make our mony not worth the taking by turning it into brasse by a kind of Antiphilosophers-stone so these men used us in the point of preaching first depressing it to their power and next labouring to
without a license Secondly they restrain him from preaching some doctrines as of predestination and others that overthrow Arminian tenets when his faithfulnesse in his Office requires he should keep nothing back This is read to the Presbyter upon his Ordination and his charge then given him is remarkable See the booke of ordering Priests but to shew them all the counsell of God Acts 10.27 Thirdly they will not suffer him to intermeddle in the discipline These usurpations I conceive are to be taken away and the Presbyter to be left free from them Secondly for the Episcopacy I conceive that first their Baronies and the intermedling of the Clergy in Civill Councels affaires and imployments ought to be taken from them First I conceive such Barâ— and intermedling is against the Law of God Christ refused to intermeddle in dividing inheritances though more able and fit for it then any Bishop Luke 12.13 and saith his Kingdome is not of the world John 18.36 and the Disciple is not above his Master Mat. 10.24 and Acts 6. The Apostles refuse to intermeddle in the Deacon or Churchwardens office though of all earthly imployments the neerest to the Church and the reason they give is remarkable for this purpose because they were to attend to Prayer and Administration of the word and therefore not meet for them to attend such secular matters and 2 Tim. 2.4 The Apostles laies down a rule in this case that nemo militans Deo se implicat negotiis hujus seculi and upon this ground even the Popes Canon-laws are against these things as inconsistent with the ministeriall function And the due execution of the commission Goe preach and baptize is of it selfe burthen and work enough for any man whatsoever his gifts and parts be and made Paul though of a more excellent and able spirit cry out under the sense of the waight of it Who is sufficient for these things 2 Cor. 2.16 Secondly it is against the fundamentall Laws of this Land whereby they that are within holy Orders Non est consonum quod ille qui salubri statui animarum piis operibus continue deservit ad insistendum in secularibus negâ—tiis compellatur vide the writ that they may the better attend upon and discharge their duties are not to be intangled with temporall businesse and therefore if any such be chosen to any temporall office the Law hath ordained a writ to discharge them thereof Reg. 187.6 The King may command the service of men in orders and then it is to be given him by naturall allegiance This rule admits two exceptions and both are in this case first except the service from that person be against the Law of God as here it is and then it is better obey God then man in praesentia majoris cessat potestas minoris Secondly if the service concern the Common-wealth and the person of whom it is required be not sufficient for it nor brought up unto it the command is against Law and the service not to be done if the King grant the Office of the Clarke of the Crown to one not brought up to it it is void and the service not to be intermedled withall by him 9 Ed. 4.56 Winters case Secondly that part of the Bishops spirituall office by which he claimeth superiority over Presbyters ought to be taken as I conceive from them as being against the will of God The Apostles questioning among themselves which should be the Superior are sharply reproved by our Saviour for it and he tels them plainly it shall not be so among them Mark 10.42 Luke 22.25 and Diotrophes 3 Job 9. is branded for it that he sought prehominence in the Church The mystery of iniquity in the Popish Hierarchy in the Presbyters exalting themselves began to work in the purest primitive times as we see in Diotrophes and Peters cavear 1 Pet. 5.3 and never left till it came to the Pope 2 Thes 2.4.7 the highest degree and top thereof By which it seems to me evident that to leave the pattern of Church government set down in the word of God to follow the examples of after ages upon a false cry of primitive times is to forsake the pure fountain and wallow in the muddy and corrupted streams of antichristian ambition Thirdly that part of the spirituall office of the Bishop whereby he is to instruct the people committed to his charge with the holy Scriptures as upon the 2 question put unto him at his Consecration he undertakes to doe ought as I conceive to be reduced to a possibility for him to performe it It is impossible for him to doe it to a whole Diocesse therefore he should be limited to some particular Congregation unto which he might perform this trust which requires sufficiency attendance and diligence Fourthly Ordination in the scriptures is ever expressed to be by them in the Church that had authority and were officers in the Church as Apostles Evangelists and after by the Presbytery 1 Tim. 4.14 2 Tim. 1.6 And a shadow of this remains in our Law Acts 14.23 Titus 1.5 6 7. for the Bishop only is not to lay hands upon the party to be ordained but the Presbyters there attending are to joyn with the Bishop therein Books of orde ring Priests This I conceive is not fit to be in the hands of any one ordinary officer in the Church the discerning of the gifts abilities and faithfulnesse of persons to be ordained Presbyters requiring great judgement care and circumspection Plus vident oculi quam oculus The like I say of deprivation Fiftly Excommunication by the Scriptures ought to be only in case of enormous offences and obstinacy in them and onely in the Congregation whereof the party to be Excommunicate is a member 1 Cor. 5.4 Tell the Church cannot be meant of one man Mat. 18.17 Diotrophes is branded for taking upon him alone to cast any out of the Church This also abused as well as usurped by the Bishop is to be reformed Sixtly Institution and induction are usurped by the Bishops upon the fundamentall Laws of this Kingdome by which the Patron after his Clerk was ordained did without any more invest him into the Church See Selden of tithes 86. And a relick of this we retain still in Churches that be donatives Seventhly The jurisdiction of tithes causes matrimoniall and causes testamentary in the times of the increasing power of the Pope when the Bishops thereby grew more formidable were taken from the Civill Magistrate to whom originally they belonged upon pretence that the tithes were Jure divino the Churches patrimony and Mariage a Sacrament and that the disposing the goods of the dead most properly belonged to him for the good of the soule in Purgatory to redeem it thence to whom the cure of the Soule appertained in his life time vide 2 R. 3. Testaments 4.11 H. 7.12 B. Plowden 279. B. Foxes c. Cok. rep 9.37 B. Heustoes case Dames rep 97. B.
as his Majestie shall thinke meet now if the King should grant it to a certaine number of Commissioners equall in authority as hee may doe this were an abolition of Episcopacy and yet not diminution of Monarchy But the truth is Episcopacy is a kind of Monarchy under a Monarchy and is therein altogether unlike the Civill Government under his Majestie for the King being a common head over the Ecclesiasticall state and the Civill we shall finde that in the exercise of Civill Jurisdiction in all Courts under his Majesty it is Aristocraticall and placed in many and not in one as appeareth in this high Court of Parliament in the inferiour Courts of Westminster Hall and in the Sizes and Sessions in the Countrey which are held by many Commissioners and not onely by one or his Deputies and Commissaries as it is in the exercise of Ecclesiasticall government As to the point of Excommunication supposing that it did dissolve naturall and civill bonds of duty as it doth not it might indeed be as terrible to Princes as it is represented But I reason thus either Princes are subject to Excommunication or they are not if they bee not then they need as little to feare a Presbyterie or an assembly as a Bishop in that respect if they bee they have as much to feare from Bishops at leastwise from Bishops in their Convocations as from Presbyters in their Assemblies and so much the more because they have formerly felt the thunderbolts of those of that stampe but never from this latter sort And now Sir I proceede to represent unto you the evills and inconveniences that doe proceede from the government and Ceremonies of the Church and truely in my opinion the chiefe and principall cause of all the evills which we have suffered since the Reformation in this Church and State hath proceeded from that division which so unhappily hath sprung up amongst us about Church government and the Ceremonies of the Church and from which part in that division I beleeve it will appeare in the particulars I know well there is a great division and that upon great matters betweene us and the Papists and I am not ignorant that there have beene great and sore breaches made upon our Civill Liberties and the right of our proprieties But yet still I returne to my former position that the chiefe and most active cause hath proceeded from the Government and Ceremonies of the Church and that those other causes have either fallen into it and so acted by it or issued out of it and so acted from it As for Popery I conceive that to have beene a cause that hath fallen into this and acted by it for at the Reformation it received such a deadly wound by so many sharpe Lawes enacted against it that had it not beene enlivened by this division amongst us it could never have had influence upon our Church and State to have troubled them as this day wee feele but finding that in this division amongst us one party had need of some of their principalls to maintaine their Hierarchy together with their worldly pompe and Ceremonies which are appurtenances thereunto from hence they first conceived a ground of hope and afterwards found meanes of successe towards the introducing againe of their superstition and Idolatry into this Realme and they wrought so diligently upon this foundation that they have advanced their building very farre and how neare they were to set up the Roofe I leave it to your consideration As for the evills which we have suffered in our civill liberty and the right of our proprieties J conceive they have proceeded out of this and so acted from it for if there had beene no breaches of Parliaments there would have bin no need to have had recourse unto those broken Cisternes that can hold no water but there being a stoppage of Parlamentary supplyes that was an occasion of letting in upon us such an inundation of Monopolies and other illegall taxes and impositions accompanyed with many other heavy and sore breaches of our Liberties Now there needed not to have beene any breaches of Parliaments had there not beene something disliked in them and what was that it could not bee any of these civill matters that bred the first difference for they have proceeded out of it therefore I conceive it was this The Prelates with their adherents the Papists also concurring with them for their interest did alwayes looke upon Parliaments with an evill eye as no friends to their offices and functions at leastwise to their Benefices and Dignities and therefore some of them having alwayes had the grace to bee too neare to the Princes eates they have alwayes endeavoured to breed a dis-affection in Kings from Parliaments as the Presse and Pulpit doe abundantly witnesse and Ballads too made by some of them upon the breaches of Parliaments But wee have a fresh and bleeding instance of this in the confirmation in his Majesties name which they procured to be prefixed before their new Booke of Canons wherein they have endeavoured to make this impression upon his Majesties Royall minde that the Authors and Fomenters of the jealousie in respect of the new Rites and Ceremonies lately introduced into the Church which wee call innovations did strike at his Royall person as if hee were perverted in his Religion and did worship God in a superstitious way and intended to bring in some Innovation in matter of Religion Now Sir who are the authors of those jealousies did they not come as complaints in the Petitions from the bodies of severall Counties the last Parliament and from more this present Parliament and who were the fomenters of those jealousies did not the generall sence of the last Parliament concurre in it that they were Innovations and that they were suspitions as introductory to superstition Nay I appeale to all those that hear me which are drawn from al parts of the Kingdom whether this be not the generall sence of the greatest and most considerable part of the whole Kingdom I beseech you then to consider what kind Offices these men have done between the King and the Parlament between the King and Kingdom I speak of the greatest and most considerable parâ—s as giving denomination to the whole And now Sir as we have cast our eye backwards if wee will looke forwards how doe the clouds thicken upon us and what distractions yea what dangers doe they threaten us withall proceeding still from the same root of Church Government and Ceremonies and truely as things now stand I see but two wayes the one of Destruction the other of Satisfaction Destruction I meane of the opposite partie to the Bishops and the Ceremonies and reducing of all to Canonicall obedience by faire meanes or by foule this way hath beene already tryed and what effect it hath brought forth in our neighbour kingdome wee well know and it is like to produce no very good effect in this Kingdome if mens scruples and reasons
of Christ and his Apostles cannot but beare witnesse against their wordly pomp and dignities and so the fire of contention breaketh forth And truely Sir the state of the Clergy is very like to fire which whilst it keeps in the Chimney it is of excellent use to warme those that approach unto it but if it once breake out into the house and get upon the house top it sets all on fire so whilst the Clergy keepe themselves within the pulpit they are of great use to stirre up the zeale and devotion of Christians but if they once flye out into the house if they begin to meddle with Civill places and jurisdictions and especially if they once get up to the Counsell-table it is seldome seene but that at length they set all on fire and what is it that maketh the fire to breake out of the chimney but too much fuell if there be but a moderate proportion of fuell the fire keepes it selfe within its bounds but if you heape faggot upon faggot a whole Cart load together then it breaketh out So Sir if there bee a competent maintenance for the Ministery they will keep themselves within their bounds but if Living be heaped upon Living and Temporalities added to Spiritualities the flame will soone breake out and set the house on fire Sir I doe not envy the wealth or greatnesse of the Clergy but I am very confident if those were lesse they would be better and doe more service to Christ and his Church and I am very clear in mine owne heart that the livings of the Clergy being more equally distributed the service of God would be so farre from receiving any prejudice that it would bee much advanced and withall a good proportion of revenue might returne againe to the Crowne from whence it was first derived Sir Bishopricks Deanries and Chapiters are like to great wasters in a Wood they make no proofe themselves they cumber the ground whereon they stand and with their great Armes and Boughes streiched forth on every side partly by their shade and partly by their sowre droppings they hinder all the young wood under them from growing and thriving To speake plaine English these Bishops Deanes and Chapiters doe little good themselves by preaching or otherwise and if they were felled a great deale of good timber might be cut out of them for the uses of the Church and Kingdome at this time A fresh stoole of three or foure able Ministers might spring up in their stead to very good purpose in these great Townes which are Ordinarily the Seats of those Episcopall and Collegiate Churches and the private Congregations of divers Parochiall Churches might thrive and grow better which now have the Sunne of Gods Word I meane the cleare and spirituall preaching thereof kept from them and live in the dangerous shade of ignorance by reason that all the meanes is taken from them and appropriated unto Bishops or to Deanries and Chaptiers and other such Collegiate Churches Besides such as doe begin to grow and start up through the voluntary pains of some amongst them or by such preaching as they themselves have procured by their voluntary contributions should not still bee dropped on as they are from the armes and appendances of those great wasters and kept downe continually by their bitter persecutions That which remaines now is to shew how these great Revenues and Dignities become the seedes of superstition and that is this The Clergy in the maintenance of their greatnesse which they are neither willing to forgoe nor yet well able to maintaine upon the principles of the Reformed Religion finding that the popish principles whereon the Bishop of Rome built his greatnesse to suit well unto their ends that maketh them to side with that party and that must needs bring in superstition and as ambition allureth on the one side so the principles they goe by draw them on farther and farther and happily at length farther than they themselves at first intended Whether a reconciliation with Rome were imagined or no by some I leave it to every one to judge within himselfe But sure I am if an accommodation could have beene made in some fashion or other with the Church of Rome the Clergy might againe be capable of forraigne preferments and Cardinals Caps and this is no small temptation Now Sir I am at an end onely I shall draw out three conclusions which I conceive may clearely be collected out of what I have said First that civill jurisdiction in the persons of Clergy-men together with their great Revenues and high places of dignity is one great cause of the evills which we suffer in matter of Religion Secondly that the sole and arbitrary power of Bishops in the ordaining and detriving of Ministers and in Excommunication and absolution is another great cause of the evills we suffer in matter of Religion Thirdly the strict urging of Subscription and Conformity to the Ceremonies and Canons of the Church is another great cause of evill which wee suffer in matter of Religion And now my humble motion is that we should take a piece onely of this subject into our consideration but the whole matter and that not onely that part of the Ministers Remonstrance which hath beene read should be referred to the Committee which you are about to name but Londons Petition also and all other Petitions of the like nature so soone as they shall bee read in the house and that the Committee may collect out of them all such heads as are fit for the consideration of this house and surely that is fit to bee considered that happily will not be thought fit to be altered consideration is one thing and alteration another where there is a mixture of bad and good together the whole must bee considered that we may know how to sever the good from the bad and so retaine the one and reject the other which is all that I desire And if any thing have fallen from me more inconsiderate as in so long a discourse many things may have done I humbly crave the pardon of the house protesting that I have spoken nothing but with a minde which is ready to sacrifice the body it dwelleth in to the peace and safety of his Majesties Kingdomes and the safety and honour of his Majesty in the Government of them A Speech made before the Lords in the Upper House by Mr. Francis Rous Esquire March the 16th 1640. Against Dr. Cossens Dr. Maynwaring and Dr. Beale My LORDS I AM commanded by the House of Commons to present to your Lordships a Declaration and Impeachment against Dr. Cossens and others upon the complaint of Mr. Peter Smart which Mr. Smart was a Proto-Martyr or first Confessor of note in the late dayes of persecution The whole matter is a Tree whereof the branches and fruit are manifest in the Articles of this declaration which being read I shall with your Lordships favour discover and lay open the root The Declaration was
for the making of Lawes with him Now Sir the Legislative power is the greatest power and therefore coactive and it is the highest power and therefore independent and if every Estate for the proportion it hath therein should not have such a power it should not have it of right as founded in the Fabricke and frame of the policy and government but of Grace or by Commission as Dr. Beale affirmeth I have done with the first Canon onely I shall adde this that considering the principles and positions that are laid downe therein and comparing them with a clause towards the end of the Canon that in no case imaginable it is lawfull for subjects to defend themselves we may judge how farre forth these Canons were to prepare mens mindes for the force that was to follow after if the accusation against my Lord of Strafford bee layed aright For the matter it selfe I hope there will never be any need to dispute that question and I doe beleeve they had as little need to have published that position had it not beene upon designe As for the second Canon therein also they have assumed to themselves a Parliamentary power in taking upon them to appoynt Holidayes whereas the statute saith in expresse words that such dayes shall bee onely kept as Holy-dayes as are named in the Statute and no other and therefore though the thing may be bonum yet it was not done bene because not ordained by Parliament notwithstanding what hath beene alledged to the contrary it seemeth to mee to bee the appoynting of an Holy-day to set a time a part for Divine service and to force menunder penalties to leave their labours and businesse and to be present at it And of the same nature is that other clause in the same Canon wherein they take upon them without Parliament to lay a charge upon the people enjoyning two Bookes at least for that day to be bought at the charge of the parish for by the same right that they may lay a penny on the Parish without Parliament they may lay a pound or any greater summe As to the third Canon I shall passe it over onely the observation that my neighbour of the long Robe made upon it seemes unto me so good as that it is worth the repeating that whereas in the Canon against Sectaries there is an especiall proviso that it shall not derogate from any Statute or Law made against them as if their Canons had any power to disanull an act of Parliament there is no such proviso in this Canon against Papists from whence it may bee probably conjectured that they might have drawne some colour of exemption from the penall Lawes established against them from this Canon because it might seeme hard that they should be doubly punished for the same thing as wee know in the poynt of absence from the Church the Law provideth that if any man be first punished by the Ordinary he shall not be punished againe by the Iustices For the fourth Canon against Socinianisme therein also these Canon-makers have assumed to themselves a Parliament power in determining an Heresie not determined by Law which is expressely reserved to the determination of a Parliament It is true they say it is a complication of many heresies condemned in the four first Councells but they doe not say what those Heresies are and it is not possible that Socinianisme should bee formally condâ—mned in these Councells for it is sprung up but of late Therefore they have taken upon them to determine and damne a Heresie and that so generally as that it may bee of very dangerous consequence for condemning Socinianisme for an heresie and not declaring what is Socinianisme it is left in their breasts whom they will judge and call a Socinian I would not have any thing that I have said to be interpreted as if I had spoken it in favour of Socinianisme which if it be such as I apprehend it to be is indeed a most vile and damnable heresie and therefore the framers of these Canons are the more to blame in the next Canon against Sectaries wherein besides that in the preamble thereof they lay it downe for a certaine ground which the holy Synod knew full well that other Sects which they extend not onely to Brownists and Separatists but also to all persons that for the space of a month doe absent themselves without a reasonable cause from their owne parish Churches doe equally endeavour the subversion of the Discipline and Doctrine of the Church of England with the Papists although the worst of them doe not beare any proportion in that respect to the Papists I say besides that they make them equall in crime and punishment to the Papists notwithstanding the great disproportion of their Tenents there is another passage in this Canon relative to that against Socinianisme which I shall especially offer to your consideration and that is this If a Gentleman comming from beyond Seas should happen to bring over with him a Booke contrary to the Discipline of the Church of England or should give such a Booke to his friend nay if any man should abett or maintaine an opinion contrary thereunto though it were but in Parliament if hee thought it fit to be altered by this Canon he is excommunicated ipso facto and lyeth under the same consideration and is lyable to the same punishment as if he had maintained an opinion against the Deity of Christ and of the Holy Ghost and of our Iustification by the satisfaction of Christ Sir if in things that are in their owne Nature indifferent if in things disputable it shall bee as hainous to abett or maintaine an opinion as in the most horrible and monstrous herefies that can be imagined what liberty is left to us as Christians What liberty is left to us as men I proceed to the sixt Canon wherein these Canonists have asumed to then selves a Parliamentary power and that in a very high degree in that they have taken upon them to impose new Oathes upon the Kings Subjects Sir under favour of what hath beene alleaged to the contrary to impose an Oath if it be not an higher power then to make a Law it is a power of making a Law of most high Nature and of higher and farther consequence then any other Law and I should much rather chuse that the Convocation should have a power to make Lawes to binde my person and my estate then that they should have a power to make Oathes to binde my Conscience a Law bindes me no longer than till another Law bee made to alter it but my Oath bindes mee as long as I live Againe a Law bindes me either to obedience or to undergoe the penalty inflicted by the Law but my Oath bindes mee absolutely to obedience And lastly a Law bindes me no longer than I am in the Land or at the farthest no longer than I am a member of the State wherein and whereby the Law is
because there is no mony to buy their Commodities and are become so deare that no sort of victuall is sold but at a double rate And which is hardest of all the Army is stinted by the Articles of Cessation to stay within these two Countyes whose provisions are all spent expecting from time to time the payment of those moneys which were promised for their reliefe and are reduced to such extremity as they must either starve or sore against their will breake their limited bounds unlesse some speedy course bee taken for their more timous payment that so soone as may be the Arreers may be paid And because the continued payment of that monethly summe for reliefe of the Northerne Countreyes is a Burthen to the Kingdome of England our Army is a trouble to the Country where they reside our charges of entertaining our Army besides what is allowed from England is exceeding great And our losses and prejudice through absence and neglect of our affaires not small Therefore that all evills and troubles of both Kingdomes may be removed it is our earnest desire that the Parliament may be pleased to determine the time and manner of Payment of the 300000 l. which they were pleased to grant towards reliefe of their Brethren that there may be no let about this when matters shall be drawing towards an end And that his Majesty and they may give order for Accelerating matters in the treaty that the peace being concluded England may be eased of the burthen of two Armies and we may returne to our owne homes which is our earnest desire Ad. Blaire The Remonstrance of both the Houses of Parliament unto the King delivered by the Lord Keeper January the 29th 1640. May it please your Majesty YOUR loyall Subjects the Lords and Commons now assembled by your Majesties Writ in the high Court of Parliament humbly represent unto your gracious consideration that Jesuits and Priests ordained by authority from the Sea of Rome remaining in this Realme by a Statute made in the 27 year of Queen Elizabeth are declared Traytors and to suffer as Traytors That this law is not so rigorous 27 Eliz. cap. 2. as some apprehend or would have others to beleeve for that it is restrayned to the naturall born Subjects only and doth not extend to any strangers at all That it is enacted in the first year of King James 1 Jac. cap. 4. that all Statutes made in the time of Queen Elizabeth against Priests and Jesuits be put in due and exact execution And for further assurance of the due execution of these laws the Statute of the third year of King James invites men to the discovery of the offenders by rewarding them with a considerable part of the forfeiture of the Recusants estate So that the Statute of Queen Elizabeth is not only approved but by the judgement of severall Parliaments in the time of King James of happy memory adjudged fit and necessary to be put in execution That considering the state and condition of this present time they conceive this law to be more necessary to be put in strict execution then at any time before that for divers weighty and considerable reasons viz. For that by divers Petitions from the severall parts of this Kingdome complaints are made of the great increase of Popery and Superstition and the people call earnestly to have the laws against Recusants put in execution Priests and Jesuits swarme in great abundance in this Kingdome and appeare here with such boldnesse and confidence as if there were no laws against them That it appeares unto the House of Commons by proofe that of late years about the City of London Priests and Jesuits have been discharged out of Prison many of them being condemned of high Treason They are credibly informed that at this present the Pope hath a Nunciâ— or Agent resident in the City and they have a just cause to believe the same to be true The Papists as publiquely and with as much confidence and importunity resort to Masse at Denmark house and St. James and the Embassadors Chappels as others doe to their Parish Churches They conceive the not putting of these Statutes in execution against Priests and Jesuits is a principall cause of increase of Popery That the putting of these laws in execution tendeth not only to the preservation and advancement of the true Religion established in this Kingdome but also the safety of your Majesties person and security of the State Government which were the principall causes of the making of the Laws against Priests and Jesuits as is manifestly declared in the preamble of the laws themselves which are the best interpreters of the mindes of the makers of them And because the words being penned by the advise and wisdome of the whole state are much more full and clear then any particular mans expression can be they were therefore read as they are vouched those of the 27 year of Queen Elizabeth being thus viz. That the Priests and Jesuits come hither not only to draw the Subjects from their true obedience to the Queen but also to stir up Sedition Rebellion and open hostility within the Realme to the great endangering of the safety of her Royall Person and to the utter ruin desolation and overthrow of the whole Kingdom if not timely prevented and the tenor of the words of the third year of King James are in this manner viz. Whereas divers Jesuits and Priests doe withdraw many of his Majesties Subjects from the true service of Almighty God and the Religion established within this Realme to the Romish Religion and from their loyall obedience to his Majestie and have of late secretly perswaded divers Recusants and Papists and encouraged and imboldned them to commit most damnable Treasons tending to the overthrow of the whole State and Common Wealth if God of his goodnesse and mercy had not within few houres of the intended time of the execution thereof revealed and disclosed the same The Houses did further informe that some Jesuits and Priests had been executed in the time of Queen Elizabeth and King James of happy memory and when any of them have received mercy it was in such time and upon such circumstance as that the same might be extended unto them without dangers whereas now of late there hath been a great apprehension of endevours by some ill agents to subvert Religion and at this present both Kingdomes have a generall expectation of a through reformation And there is already found so ill a consequence of the the late reprieve of John Goodman the Priest that the House of Commons having sent to the Citizens of London for their assistance in the advancement of money for the present and necessary supply of his Majesties army and reliefe of the Northern Counties upon this occasion they have absolutely denyed to furnish the same and how far the like discontent may be effused into other parts of the Kingdom to the interruption of
pleased to undertake and goe adventure with them And it was ordered by the Company that if that Farmer or adventurer should decease that then that partyes adventure should bee transferred to some other free Vintner and to none other and not to descend either to the Executors or Administrators of such Vintners so deceasing the said ten Farmers being nominated by the Company and adventured in the same farme of forty shillings per Tunne on Wine and Farme of Wine Licences which they likewise took by direction of the Company on the second of January 1640. Humbly Petitioned his Majesty to accept of the said Farmes they accounting to his Majesty for all moneys received from the beginning they having allowance for what they disbursed and stand engaged for for his Majesties service with interest and necessary charges without any profit to themselves And Master Alderman Abell and divers others the Contractors never dealt in grosse nor benefitted themselves by the Advance upon Retayle of wine so that he in all this hath bin but a person intreated into this businesse for the Company and no whit for himselfe nor hath otherwise or in any other manner as for other cause acted any thing at all in or concerning this busines To the High and Honourable Court of PARLIAMENT The humble Petition of the Vniversity of OXFORD Sheweth THAT whereas the Vniversitie hath been informed of severall Petitions concerning the present Government of this Church and maintenance of the Clergie which have of late been exhibited to this Honourable Assembly We could not but think our Selves bound in duty to God and this whole Nation in charity to our Selves and Successors who have and are like to have more then ordinary interest in any resolution that shall be taken concerning Church-affaires in all humility to desire the continuance of that form of Government which is now established here and hath been preserved in some of the Eastern and Western Churches in a continued Succession of Bishops downe from the very Apostles to this present time the like whereof cannot be affirmed of any other form of Government in any Church Upon which consideration and such other motives as have been already represented to this Honourable Parliament from other Persons and places with whom we concurr in behalf of Episcopacy We earnestly desire that you would protect that ancient and Apostolicall Order from ruine or diminution And become farther Suiters for the continuance of those pious Foundations of Cathedrall Churches with their Lands and Revenues As dedicate to the Service and Honour of God soon after the plantation of Christianity in the English Nation As thought fit and usefull to be preserved for that end when the Nurseries of Superstition were demolished and so continued in the last and best times since the blessed Reformation under King Edw. 6. Q Elizabeth K. James Princes renowned through the world for their piety and wisdome As approved and confirmed by the Laws of this land ancient and modern As the principall outward motive and encouragement of all Students especially in Divinity and the fittest reward of some deep and eminent Scholars As producing or nourishing in all ages many godly and learned men who have most strongly asserted the truth of that Religion we professe against the many fierce oppositions of our Adversaries of Rome As affording a competent portion in an ingenuous way to many younger Brothers of good Parentage who devote themselves to the Ministery of the Gospell As the onely means of subsistence to a multitude of Officers and other Ministers who with their Families depend upon them and are wholly maintained by them As the main Authors or upholders of diverse Schools Hospitalls High-wayes Bridges and other publique and pious works As speciall causes of much profit and advantage to those Cities where they are scituate not only by relieving their poore and keeping convenient Hospitality but by occasioning a frequent resort of Strangers from other parts to the great 〈◊〉 of all Tradesmen and most Inhabitants in those places As the goodly Monuments of our Predecessors Piety and present Honour of this kingdome in the eye of forreine Nations As the chiefe support of many thousand Families of the Laity who enjoy faire estates from them in a free way As yeelding a constant and ample revenue to the Crown And as by which many of the learned Professours in our Vniversity are maintained The subversion or alienation whereof must as we conceive not only be attended with such consequences as will redound to the scandall of many well affected to our Religion but open the mouths of our Adversaries and of Posterity against us and is likely in time to draw after it harder conditions upon a considerable part of the Laity an universall cheapnesse and contempt upon the Clergie a lamentable drooping and defection of industry and knowledge in the Vniversities which is easie to foresee but will be hard to remedy May it therefore please this Honourable Assembly upon these and such other Considerations as your great wisdomes shall suggest to take such pious care for the continuance of these Religious Houses and their Revenews according to the best intentions of their Founders as may be to the most furtherance of Gods glory and service the Honor of this Church and Nation the advancement of Religion and Learning the encouragement of the modest hopes and honest endeavours of many hundred Students in the Universities Who doe and shall ever pray c. Dat. An. Dom. millesimo sexcent ' quad ' primo è Domo Convocationis in celebri Conventu Doctorum ac Magistrerum omnibus singulis assentientibus The Speech of Sergeant Glanvill in the upper House of Parliament for the Redresse of the present Grievances His Majesty being seated on his Throne Sergeant Glanvill was called to the Barre being represented by the House of Commons for their Speaker who spake as followeth May it please your Majesty THE Knights Citizens and Burgesses of your Commons House of Parliament in conformity to ancient and most constant usage the best guide in great solemnities according to their well known priviledges a sure warrant for their proceedings and in obedience to your Majesties most gratious commands a duty well becomming loyall Subjects have met together and chosen a speaker one to be the mouth indeed the servant of all the rest to steare watchfully and prudently in all their weighty consultations and debates to collect faithfully and readily the Votes and genuine sense of that numerous assembly to propound the same seasonably in apt questions for their finall resolution and to present them and their conclusions their declarations with truth and light with life and lustre and with full advantage to your most Excellent Majesty With what Judgement with what temper spirit and elocution he ought to be endued your Majesty in your great wisedome is best able to discern both as it may relate to your own peculiar and important affairs of State to the proper
sometimes to the great discomfort of many poore soules who for want of money can get no absolution 12 They claim their Office and Jurisdiction to be jure divino and doe exercise the same contrary to Law in their own names and under their own Seals 13 They receive and take upon them temporall Honours Dignities Places and Offices in the Common wealth as if it were lawfull for them to use both swords 14 They cognizance in their Courts and elswhere of matters determinable at the Common Law 15 They put Ministers upon Parishes without the Patrons and without the peoples consent 16 They doe yearly impose Oaths upon Churchwardens to the most apparent danger of filling the land with perjuries 17 They doe exercise Oaths Ex Officio in the Nature of an inquisition even unto the thoughts of mens 18 They have apprehended men by Pursevants without ciration or missives first sent they break up mens houses and studies taking away what they please 19 They doe aw the Judges of the Land with their greatnesse to the inhibiting of prohibition and hindering of Habeas Corpus when it is due 20 They are strongly suspected to be confederated with the Roman party in this Land and with them to be Authors Contrivers or Consenters to the present Commotions in the North and the rather because of a Contribution by the Clergy and by the Papists in the last year 1639. and because of an ill-named benevolence of six Subfidies granted or intended to be granted this yeare 1640. thereby and with these monies to ingage as much as in them lay the two Nations into blood It is therefore our humble and earnest prayer that all this Hierarchicall power may be totally abrogated if the wisdome of this Honourable House shall finde that it cannot be maintained by Gods word and to his glory And your Petitioners shall ever pray c. The Petition of the Citizens of London to both house of Parliament wherein is a Demonstration of their grievances together with their desires for Justice to be excuted upon the Earle of Strafford and other DELINQUENTS To the most Honorable Assembly of the Lords and Commons in this present Parliament The humble Petition of divers Citizens of London SHeweth that notwithstanding his Majesties gracious Answer to the humble Petition of his Loyall Subjects in summoning this Parliament with the great care and endeavoured pains taken by both Houses for the removing the heavy Grievances in Church and Commonwealth whereof the Petitioners have already received some fruit for which they desire to return their most humble and utmost thanks yet neverthelesse they are inforced with all Humility to represent to this most Honourable assemblly some of these Obstructions which doe still hinder that freedome and fulnesse of Trade in this City they have formerly had which considering the numerous Multitude thereupon depending they conceive it not able comfortably to subsist As the unsetled Condition of the Kingdome even since the troubles in Scotland hath caused both strangers and also of our own who did furnish great summs of money to Use to call it in and remit much of it by Exchange unto Forraine pars and stands now in Expectation of what the issue of things may be The stopping money in the Mint which till then was accompted the safest place and surest staple in these parts in the world still doth hinder the importation of Bullyon the Scots now disabled to pay such debts as they owe to the Petitioners and others in the City and by reason of the oppressions exercised in Ireland their debts also are detained there The English Trade by reason of our generall distractions and fears is so much decayed that Country tradesmen can not pay their debts in London as formerly The great summs of money unduly taken by his Majesties Officers and Farmers for impositions upon Merchandize exported and imported and the want of reliefe in Courts of Justice against them The drawing out from the City great summs of money which is the life and spirit of Trade for his Majesties service in the North and being there imployed is not yet returned Besides all which from what strong and secret opposition the Petitioners know not they have not received what so much time and pains might give and cause to hope but still incendiaries of the Kingdoms and other notorious offenders remain unpunished the affaires of the Church notwithstanding many Petitions concerning it and long debate about it remains unsettled the Papists still armed the Laws against them not executed some of the most active of them still at Court Priests and Jesnits not yet banished the Irish Popish army not yet disbanded Courts of Justice not yet reformed and the Earle of Strafford who as now appears hath counselled the plundering of this City and putting it to fine ransome and said it would never be well till some of the Aldermen were banged up because they would not yeeld to illegall levies of moneys hath so drawn out and spent his time in his businesse to the very great charge of the whol Kingdome and his endeavour to obtain yet more all which makes us fear there may be practices now in hand to hinder the birth of your great endeavours and that we lie under some more dangerous plot then we can discover All which premisses with their fears and distractions growing there-from and from things of the like nature the Petitioners humbly offer to the most grave consideration of this most honorable assembly as being the true causes of decay of Trade discouragement of Tradesmen and of the great scarcity of monies with the consequences they labour under And do humbly pray that their said grievances may be redressed the causes of their fears removed Justice executed upon the said Earle and other incendiaries and offenders the rather in regard till then the Petitioners humbly conceive neither Religion nor their lives liberties or estates can besecured And as in duty bound they shall ever pray c. Subscribed to this Petition 20000. all men of good ranke and quality Sir John Wrayes Speech concerning Bishops 1641. THE first challenge for Lordly Primacy hath of old been grounded out of the great Charter by which they hold an Episcopall Primacy or Jurisdiction to be long to their state of Prelacy this is their temporall soundation and main object Here I demand of them unto what Church this great Charter was granted and whether it were not granted unto the Church of GOD in England Let the words of the Magna Charta decide this which are these Concessimus Deo proâ—nobis in perpetuum quod Ecclesia Anglicana libera sit habeat omnia Jura sua iutegra libertates suas illaesas Now by this Charter if it be rightly interpreted there is first provision made that honour and worship be yeelded unto God as truly and indeed belong unto him Secondly that not only such Rights and Liberties as the King and his Progenitors but also that such as
God had endowed the Church of England with which God himself hath given by his Law unto the universall Church and in that which the Kings of England by their Charter have bequeathed to the particular Church of England and this we doubt not was the cause that moved Hen. 8. so effectually and powerfully to bend himselfe against the Popes Supremacy usurped at that time over the Church of England for saith the King we will with hazard of life and losse of our Crown uphold and defend in our Realms whatsoever we shall know to be the will of God The Church of God then in England not being free according to the great Charter but in bondage and servitude to the See of Rome contrary to the Law of God the King judged it to stand highly with honour and his Oath to reform redresse and amend the abuses of the same See If then it might please our gracious Soveraign Lord King Charles that now is in Imitation of that his noble Progenitor to vouchsafe an abolishment of all Lordly Primacy executed by Archepiscopall and Episcopall authority over the Ministers of Christ his Highnesse in so doing could no more rightly be charged with the violation of the great Charter then might King Henry the eight with the banishment of the Popish Supremacy or then our late Soveraign Lady Q. Elizabeth could be justly burdened with the breach of her Oath by the Establishment of the Gospell Now if the Kings of England by reason of their Oath were so straitly tied to the words of the great Charter that they might not in any sort have disanulled any supposed Rights or Liberties of the Church used and confirmed by the said Charter unto the Church that then was supposed to be the Church of God in England then be like King Henry 8. might be attainted to have gone against the great Charter and against his Oath when by the overthrow of Abbeys and Monasteries he took away the Rights and Liberties of the Abbots Priers for by expresse words of the great Charter Abbots and Priers had as large and ample a Patent for their Rights and Liberties as our Archbishops and Bishops can at this day challenge for their Primacy If then the Rights and Liberties of the one as being against the Law of God be duely and lawfully taken away notwithstanding any matter clause or sentence contained in the great Charter the other having but little reason by colour of the great Charter to stand upon their pantofles and to contend for their painted sheaves for this is a Rule and Maxime in Gods laws that In omni Juramento semper excipitur authoritas majoris Unlesse then they be able to justifie by the holy scriptures that such Rights and Liberties as they pretend for their spirituall Primacy over the Ministers of Christ be in Deed and Truth inferred unto them by the holy law of God I suppose the Kings Highnesse as successor to Hen. 8. and as most just inheritour of the Crown of England by the words of the great Charter and by his Oath is bound utterly to abolish all Lordly Primacy as hitherto upheld and defended partly by ignorance and partly by an unreasonable and evill Custome My Lord DIGBIES Speech in Parliament 1640. Master Speaker THis happie meeting is to bemoane and redresse the unhappie State of this Common-wealth Let me have I beseech you your leave to give you in a word a short view of our griefes then see whence they flow Our Lawes our liberties our lives and which is the life of all our Religion all which have been by the endeavours of so many Ages secured and made so much our owne can scarce be called ours Our Lawes the only finews and ligeaments of our estates which should run in an even streame are now made to disdaine their bancks and to overflow and drown their fields which they should gently redresse our liberties the very spirit and essence of our weale which should differ us from slaves and speake us English-men are held away by them that even whiles they take them from us cannot but confesse they are our proper dues Are not our lives in danger when an enemy disguised like a friend provoked is as it were suffered because indirectly and in vaine resisted to come almost into our bosomes to rifle some of their goods others of their loyalty which perhaps they could not neither would have touched might we with united force have resisted And lastly which is the soule of all our grievances our Religion which should have beene our Cordiall in all our distempers like a forced Virgin laments ever that her pure innocencie is taken from her and sure all these effects must have their causes That we have just and wise Lawes we may thanke those good Kings that made them the settled exposition of just circumscribed Lawes to binde and defend the Subject That they are so well framed and usefud and to containe enough to make a good King and people be perfect be safe and happie What do we owe to these grave Councellors who sate here before us and that they out-live the malice of some unbounded spirits we are beholding to them that Reprieved them from ruine with their lives and fortunes we call them ours because we are freely born to them as to the Ayre we breath in we claime them and should possesse them under the Protection of our gracious King who is their great Patron and disposes them not inconsiderately but by the advice of those learned expositors of the Lawes the Judges and those whom he trusts to be his great and faithfull Councellors If those pervert the ground and meaning of the Law and contract â—he power of it or make it speake lowder or softer as they themselves are tuned for it the blame should deservedly fall on those mistrusted ministers who are the base betrayers of his Majesties honor and his Peoples right to vindicate which necessitie hath here assembled you Mr. Speaker Is not this offence and m lice as great who should undermine my Tenour and surruptiously deprive me of my evidence by which I held my Inheritance as he who by violence should wrest it from me The Scots we have heard branded as Traytors because they have contrary to the law of Nations and their loyaltie invaded our Kingdome in Arms what other title have they merited who have invaded our Lawes and liberties the precious evidence by which we should freely enjoy our selves and our estates The first we may resist and drive forth by united force and it will be called pietie to the King and Countrie if force be lay'd against the other it will be stiled Rebellion What now remaines but that we should use the Law which because it hath beene inverted and turned against us contrary to its owne naturall and plaine disposition should now right us and it self against our Adversaries Surely the Law is not so weak and improvident to take care for others and never provide
of them lesse inclinable to Poperie yet what knowne truth and constant experience hath made undeniable we must at this opportunitie professe that from the first time of Reformation of the Kirk of Scotland not only after the comming of King James of happy memory into England but before the Prelates of England have been by all means uncessantly working the overthrow of our Discipline and Government And it hath come to passe of late that the Prelates of England having prevailed and brought us to subjection in the point of government and finding their long waited for opportunity and a rare congruity of many spirits and powers ready to cooperate for their ends have made a strong assault upon all the externall worship and Doctrine of our Kirk By which their doing they did not ayme to make us conforme to England but to make Scotland first whose weaknesse in resisting they had before experienced in the Novations of government and of some points of worship and thereafter England conforme to Rome even in these matters wherein England had seperated from Rome ever since the time of Reformation An evill therefore which hath issued not so much from the personall disposition of the Prelates themselves as from the innate qualitie and nature of their office and Prelaticall Hierarchy which did bring forth the Pope in ancient times and never ceaseth till it bringeth forth popish Doctrine and worshippe where it is once rooted and the principles thereof fomented and constantly followed And from that antipathy and inconsistency of the two formes of Ecclesiasticall Government which they conceived and not without cause that one Island united also under one head and Monarch wes not able to beare the one being the same in all the parts and powers which it wes in the time of Popery and now is in the Roman Church The other being the forme of Government received maintained and practised by all the Reformed Kirks wherein by their own testimonies and and confessions the Kirk of Scotland had amongst them no small eminencie This also we represent to your Lordships most serious consideration that not only the firebrands may be removed but that the fire may be provided against that there be no more combustion after this THE CHARGE OF THE SCOTTISH Commissioners against the Livetenant of Ireland IN our Declarations we have joyned with Canterbury the Lord Lievetenant of Ireland whose malice hath set all his wits and power on work to devise and do mischiefe against our Kirk and Countrey No other cause of his malice can we conceive but first his pride and supercilious disdain of the Kirk of Scotland which in his opinion declared by his speeches hath not in it almost any thing of a Kirk although the Reformed Kirks and many worthy Divines of England have given ample testimony to the Reformation of the Kirk of Scotland Secondly our open opposition against the dangerous innovation of Religion intended and very far promoved in all his Majesties dominions of which he hath shewed himselfe in his own way no lesse zealous then Canterbury himselfe as may appeare by his advancing of his Chaplain D. Bramble not only to the Bishoprick of Derry but also to be Vicar-generall of Ireland a man prompted for exalting of Canterburian Popery and Arminianisme that thus himself might have the power of both swords against all that should maintain the Reformation by his his bringing of D. Chappel a man of the same spirit to Vniversity of Dublin for poysoning the fountains and corrupting the Seminaries of the Kirk And thirdly when the Primate of Ireland did presse a new ratification of the Articles of that Kirk in Parliament for barring such Novations in Religion he boldly menaced him with the burning by the hand of the Hang-man of that Confession although confirmed in former Parliaments When he found that the Reformation begun in Scotland did stand in his way he left no means unassaied to rub disgrace upon us and our cause The peeces printed at Dublin Examen conjurationis Scoticanae The ungirding of the Scottish Armour the pamphlet bearing the counterfeit name of Lisimachus Nicanor all three so full of calumnies slanders and scurrilities against our Countrey and Reformation that the Jesuites in their greatest spite could not have sayd more yet not only the Authors were countenanced and rewarded by him but the books must bear his name as the great Patron both of the work and workman When the Nationall Oath and Covenant warranted by our generall Assemblies was approved by Parliament in the Articles subscribed in the Kings name by his Maiesties high Commissioner and by the Lords of privie Counsell and Commanded to be sworn by his Majesties Subiects of all ranks and particular and plenary information was given unto the Lievetenant by men of such quality as he ought to have believed of the loyalty of our hears to the King of the lawfulnesse of our proceedings and innocency of our Covenant and whole course that he could have no excuse yet his desperate malice made him to bend his craft and cruelty his fraud and forces against us For first he did craftily call up to Dublin some of our Country-men both of the Nobility and Gentry living in Ireland shewing them that the King would conceive and account them as Conspirers with the Scots in their rebellious courses except some remedie were provided and for remedy suggesting his own wicked invention to present unto him and his own wicked Councell a petition which he caused to be framed by the Bishop of Raphoe and was seen and corrected by himselfe wherin they petitioned to have an oath given them containing a formall renunciation of the Scottish Covenant and a deep assurance never so much as to protest against any of his Majesties commandements whatsoever No sooner was this Oath thus craftily contriv'd but in all haste it is sent to such places of the Kingdome where our Countrey-men had residence and men women and all other persons above the years of sixteen constrained either presently to take the Oath and therby renounce their Nationall Covenant as seditious and trayterous or with violence and cruelty to be haled to the Jayle fined above the valew of their estates and to be kept close prisoners and so farre as we know some are yet kept in prison both men and women of good quality for not renouncing that Oath which they had taken forty years since in obedience to the King who then lived A cruelty ensued which may paralell the persecutions of the most unchristian times for weake women dragged to the Bench to take the Oath dyed in the place both mother and Child hundreds driven to hide themselves till in the darknesse of the night they might escape by Sea into Scotland whither thousands of them did flye being forced to leave Corn Cattell Houses and all they possessed to be prey to their persecuting enemies the Lievetenants Officers And some indited and declared guilty of high-treason for no other guiltinesse but for