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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A75749	A remonstrance, against presbitery. Exhibited by divers of the nobilitie, gentrie, ministers and inhabitants of the county palatine. of Chester with the motives of that remonstrance. Together with a short survey of the Presbyterian discipline. Shewing the inconveniences of it; and the inconsistency thereof with the constitution of this state, being in its principles destructive to the laws and liberties of the people. With a briefe review of the institution, succession, iurisdiction of the ancient and venerable order of bishops. Found to bee instituted by the Apostles, continued ever since, grounded on the lawes of God, and most agreeable to the law of the land. / By Sir Thomas Aston baronet.	Aston, Thomas, Sir, 1600-1645.	1641 (1641)	Wing A4078; Thomason E163_1; Thomason E163_2; ESTC R212696	75,691	128

the edicts of the Magistrate But some of these Disciplinarians positions are that o Subjects doe promise obedience that the Magistrate might help them Goodman pag 190. which if hee doe not they are discharged of obedience Barrow Refut pag 169. And that without the Prince the people may reforme and must not tarrie for the Magistrate But where their owne spirits guide them they may become Judges and Executioners themselves laying it for a principle p That if the Magistrates shall refuse to put Massemongers to death k Goodman p. 77 196. the people in seeing it performed doe shew that zeale of God which was commended in Phinees destroying the adulterers and in the Israelites against the Benjamites But in this they have the excuse of zeale in offence and indignation at sinnes against God and negligence in Magistrates In which case some hold that q Knox Appeal fol. 30. Goodman pag. 185. not Kings and Magistrates onely ought to punish crimes against God but the whole body of the people and every member of the same to his abilitie must revenge the injurie done to God The French Reformed Church r Moulins Buckler of Faith f. 535. 39. Art knew none of this Doctrine who in the thirty ninth Article of their Faith declare plainly That they beleeve that God will have the world governed by Lawes and Policies that there may be some restraint of the disordered desires of the world And as be hath established Kingdomes and Common-wealths whether hereditary or otherwise and all that belongeth to the State of Justice and will be knowne to be Author thereof so hath he put the sword into the Magistrates hands to represse sins committed not onely against the second Table of the Commandements of God but also against the first Though Isay their zeale in revenging injuries done to the Majestie of God transport them to share in the execution of Iustice Yet may be they will submit to the Civill Magistrate in the government of the Church and ordination of Rites and Ceremonies in which by the twentieth and thirty seventh Articles of our Religion ſ Rogers Articles f 213. Helvetian Bazill Bohemian Belgique Augustan Saxon. Suevian Confessions the power is committed to those to whom God hath given the superiority to which Doctrine all protestant Churches subscribe as Apostolicall and Orthodoxall ſ Rogers Articles f 213. Helvetian Bazill Bohemian Belgique Augustan Saxon. Suevian Confessions But when wee examine how they conforme we shall finde that in direct opposition to us and other Reformed Churches Some of them say that Civill Magistrates have no power to ordaine Ceremonies pertaining to the Church 1 Tho. Cartwright 1. Reply p. 153. 2 Reply 2. part p. 4. as being no Church Officers at all Viretus Dialogue of white Devills One of them holds That if any Magistrates under the Title of authority and power that God hath given them will make the Ministers of the Church subject to them they doe verily set up a new Pope changing onely his Coat and Masque Indeed they will not allow the Magistrate to be pope but such will bee popes themselves and allow him no more power than the pope did Says Cartwright b T.C. 2. 2. 157. 161. The Prince may call a Councell of the Ministerie and appoynt time and place The very same sayes Saunders c Saunders lib. 2. c. 3. the papist might the Emperours doe of old d Cartwr 2. 2. p. 156. Harding p. 317. 312. The Counsels were not called Imperatoria but Episcopalia The Decrees made there may not be said to be done by the Princes Authority therefore the Canons of the Councells were called the Bishops not the Emperours The same sayes Harding the Emperours did not under-write definientes subscripsimus as the Bishops did but Consentientes e T. C. 2. R. p. 161. Saund. de Monarch l. 2. c. 3. Cartwright allows Princes to be present in Counsells to suppresse tumults The same does Harding allow them ad pacem concordiam retinendam ut nullum fieri tumultum permittant Nay the Magistrate is beholding to Mr. Cartwright f T. C. 2. 2. p. 164. 167. Harding pag 217. 314 to allow that hee may be an Assistant and have his voyce in their meetings and gives this reason for it That oftentimes a simple man and as the proverb saith the Gardner hath spoken to good p●rpose Mr. Harding yet allowes more to the popish Magistrates He sayes Ambassadors of States have honourable seats in all Councells may sit as assistants may give their advices may exhort the Bishops and subscribe with them But Cartwright will allow them no power there neyther to bee Moderator Determiner nor Iudge Nay they not onely have no power but they must bee subordinate to their Presbyters Magistrates u Ecclesiasticall Discipline p. 185. Lear. Discipl pag. 89. as well as other men must submit themselves and be obedient to the just and lawful Authoritie of the Church that is the Presbyterie And Travers w Travers pag 142. speaking of the power of the Lay Elders sayes It is just that Kings and Magistrates must obey them Neither is this Government changeable by the will or power of the Magistrate but 't is held that of necessity x Martin junior Thesis 22. all Christian Magistrates are bound for to receive this government Which sayes Snecanus If any Magistrate hinder let him be freely admonished of his duty If he doe not then submit let him be more exactly instructed that hee may serve God in feare y Bancroft fol. 134. Marry if this way there happen no good successe then let the Ministers of the Church execute their office without lingring and staying so long for a Parliament Which compulsive power in the Church holds me thinks some analogy with that of the Iesuites a Odoard West in Sarct juris Sect. 6. Ecclesia non solum praec●pit dirigit sed coe●cet disponit virtute potestatis gubernativae whose opinion is The Church not onely prescribes and directs but restraines and dispones by vertue of her Gubernative power Which positions are a language unknown amongst Protestants Melancthon tels us b Potest as Ecclesiae suum m●ndacum babet 〈◊〉 Non iri●mpa● in ali●nū officiem non transferat regna mundi Non abroger leges Magistratuum non tollat legitimam obedientiam non impediat Iudicia de ullis civ libus ordinationibus aut contractibus non praescribat leges magist atibus de forma Reipublicae c. Augustan Confession Articulis fidei fol. 46. The Church hath her owne Rules and intrudes not into anothers office disposes no Crownes abrogates not the Lawes of Magistrates extinguishes not lawfull obedience stops not judgement in Civill causes nor prescribes Lawes to Magistrates But these will derive us another authoritie above the Magistrate They tell us a Counterp p. 12. Christ hath translated the Iewes Sanedrim into his Church That

ferocemque Tyrannum coli voluerit non alia ratione nisi quia regnum obtinebat Calvin Institut l. 4. cap. 20. Art 27. we see what obedience the Lord will have given to this wicked and fierce Tyrant for no other reason but because he was a King With whose counsell his successor Beza * Beza Epist 24. 2d peregri Eccl. in Anglia fratres well agrees Illud solis precibus patientiâ sanari potest The Triacle against this venome is Prayer not Vengeance We must be subject for Conscience sake q Rom. 13.5 Hence it is deduc'd and incorporated into an Article of our Religion r Article 37. That the Kings Majestie hath the chiefe Government of all estates Ecclesiasticall and Civill in all causes within his Dominions Which is not the sole position of our Church But with this agree all the Reformed Churches ſ Helverian Art 16. Bazil Art 7. Bohem. Art 16. Belg. Art 36. August Art 16. Saxon. Art 23. And more particularly the French Church whose Article of Religion is t Moulins Buckler of Faith Art 40. fo 535. Wee must not onely endure and suffer Superiors to Governe but also wee must honour and obey them with all reverence holding them for Gods Lieutenants and Officers whom he hath appoynted to exercise a Lawfull and an Holy charge we must obey their Lawes and Statutes pay all Tributes and Imposts bear the yoke of Subjection with a good and free will although they be Infidels Therefore we detest those that would reject Superioritie and establish community of goods and overthrow all course of Justice But yet perhaps the policy of States have found this Supreame power prejudiciall to the good of Common-wealths and the Lawes of God must give way to the Lawes of Nations since Salus populi Suprema Lex Gregor Tholosan Syntag jurum l. 47. ca. 17. N. 1. But experience tells us the Romans were quickly wearie of their change of Government from a King to a Senate and in nine yeares reduc't it to a Dictator finding by experience that commands depending upon divers votes beget distraction and Ruine And Historie informes us that the Spartan State wherein The King the Nobilitie and the people had their just proportions of power administration of Iustice and obedience subsisted above eight hundred yeares in a happy and flourishing Condition whereas Athens being a popular State scarce stood out an age The nearest degree of government to a Monarchy being ever longest lived and most glorious most safe for the people as was seen in Rome when the Commons to suppresse the power of the Nobilitie in the Consulls created the Tribunes of the people who sharing in government would share in honours and fortunes too which occasioned the Agrarian Law Titus Livius That no Citizen should have above five hundred Acres of Land and that the people should share equally in all Conquests This bred the quarrell of Sylla and Marius continued in Caesar and Pompey and ended in the ruine of Rome From these observations Tacitus drawes this conclusion Vnius Imperii corpus Tacitus Annalls 1. unius animo regendum videtur It is necessarie the body of one Empire should bee governed by one head which must not bee barely a Titular head a shadow of power without the weight of it for Lawes well made availe little unlesse they be entrusted to a hand that hath power to exact execution of them Nor doe I observe that these principles of Divinity or Policie doe essentially differ but rather seeme to bee ●he same with the fundamentalls of the Lawes of this Kingdome For sayes Bracton the learned Historian in the Genealogie of our Lawes Bracton fol. 107. u Rex ad hoc creatus est electus ut justitiam faciat universis quia si non esset qui justitiam faceret pax de facili possit exterminari supervacuum esset leges condere justitiam nisi esset qui leges tueretur Potentiâ verò omnes sibi subditos debet praecellere parem autem habere non debet nec multo fortius superiorem maximè in justitia exhibenda ut dicatur veré de eo magnus Dominus noster magna virtus ejus To this end was a King created and chosen that he might doe Iustice to all men because if there were not one to administer Justice peace would soone be rooted out and it were vaine to enact Lawes or talke of Iustice if there were not one to defend the Lawes Who must be one not subordinate to inferiour powers but sayes hee Hee ought to excell all his subjects in power And hee must have no equall much lesse a superiour chiefely in administring Iustice That it may truely bee said of him Great is our Lord our King great is his vertue And hence is it that such Princely jurisdiction superiorities and authority over Ecclesiasticall Causes and persons is annexed to the Imperiall Crown for ever by our Statute Lawes * 1 Eliz. 1. And that in the oath of Supremacie w Oath of Supremacie 1 Eliz. 1. we not onely acknowledge the King to bee the supreame Governour in all Ecclesiasticall things or Causes but are sworne That to our power we shall assist and defend all Iurisdictions Priviledges Preheminences and Authorities united and annexed to the Imperiall Crowne In this Scala Regia this Gradation of Royall Monarchy we can finde nothing incongruous to the faith or liberty of a true Protestant But wee see our selves bound by Oath to acknowledge and support that Regall Government our Statutes have establish'd our Lawes approved Historie represents most happy policy recommends as safest to which all protestant Churches confesse due allegeance All Primitive times yielded full obedience To whose Throne Christ himselfe yields Tribute To whose power he commands submission and reverence To whose jurisdiction is committed the designation of Bishops and Judges whose persons God will have sacred whose Actions unquestionable whose succession he himselfe determines whose Kingdomes hee disposes and whose Election is the All-Makers sole prerogative Now whether these Crownes and Scepters shall be held Jure Divino or not I take not on me to determine but I may be bold to deliver Du-Moulins owne words x Moulins Buckler of Faith fol. 560. Whosoever buildeth the authority of Kings upon mens institutions and not upon the Ordinance of God cutteth off three parts of their authoritie and bereaveth them of that which assureth their Lives and their Crowns more than the guards of their bodies or puissant armie which put terrour into subjects hearts instead of framing them to obedience Then the fidelity of subjects will be firme and sure when it shall be incorporated into piety and esteemed to be a part of Religion and of the service which men owe to God SECT 10. Presbyterie inconsistent with Monarchy IN the government of the State as now it stands there being then so much Harmonie though it may sometimes bee out of Tune

there is no reason but the same Authoritie the Synagoge had under the Law should continue in the Church under the Gospell b Beza praefat ad libr. de excom verius fuit Synagogae sub lege c. That under the Law judgements betweene bloud and bloud between plea and plea c T. C. l. 2. p. ●7 Beza de excom 104. did belong to the Priests and that it was death for any man to rest in his determination To deduce this judiciall power to themselves they tell us Christ as a King not as a Priest or Prophet prescribed the forme of Ecclesiasticall government d Cartwr l. 2 p 240. And that every Eldership is the Tribunall seat of God e Bez. de Presbyt 124. That every well-ordered parish having a perfect Eldership is of equall authoritie f Cartwr l. 2. p. 419. So here we see every parochiall Presbyterie invested in Christs Throne claiming judiciall power immediately from Christ whereby as is set forth in the Geneva g Thes 83. Civiles quoque lites antequam Christiani essent Magistratus ex Apostolica Doctrina componebantur Discipline Civill contentions were compounded by the Elderships before there were any Christian Magistrates But how have they now lost that judiciall power No sayes Cartwright b Cartwright l. 1. p. 175. the same Authoritie which the Church had before there was a Christian Magistrate doth still continue And another would be glad to learn how this authority was translated from the Church unto the Civill Magistrate i Discourse of Discipl p. 118. 119. For saies Travers Heathen Princes being become Christians doe receive no further increase of their authority than they had when they were Pagans If so certainly in their esteeme all Civill Magistracie is but a meere usurpation upon the Tribunall of Christ the Eldership SECT 12. Presbyterie against Lawes BUt Kings Nobles Magistrates are all men subject to sins and infirmities and no reason the blind should lead them who have the light of truth Christ on his Throne fol. 67. being inwardly called and gifted as they say for the work of the Ministerie yet surely the Law is a perfect guid to which all men must give absolute obedience which is enjoyned by St. Paul Submit yourselves to every Ordinance of man 1 Pet. 2 13● for the Lords sake This precept was so prevalent with the ancient Fathers that they conformed to the customes and rules of everie Church where they came St. Ambrose saies p Ambrosius in Epist 118. August ad Januarium Cum Romam venio jejuno Sabbato cum sum Mediolano non jejuno sic etiam tu ad quam forte Ecclesiam veneris eius morem serva si cuiquam non vis esse scandalo nec quenquam tibi When I come to Rome I fast the Sabboth at Millaine I fast not so also doe thou in what Church soever thou commest observe their Customes if thou wilt neither give scandall to others nor have others give offence to thee And St. Austin seemes much to be troubled at the refractorinesse of such spirits as are not conformable to the government of the places they live in q Sensienim saepe dolens gemens multas infirmorum perturbationes fieri per quorundam fratium contentiosam obstinationem superstitiosam timiditatem qui in rebus hujusmodi quae neque Scripturae authoritate neque universalis Eccclesiae Traditione neque vitae corrigendae utilitate ad certum possunt terminum pervenire tantum quia suhest qualiscunque ratiocinatio cogitantis aut quia in sua patria sic consuevit aut quia thi vivit ubi peregrinationem suam quo remotiorem á suis eo doctiorem factum putat tam litigiosas excitant quaestiones ut nisi quo● ipsi faciunt nihil rectum existiment St. August in Epist 118. ad Januar●●m Often saies he do I think with sorrow and groanes what vaine perturbations arise from some weak brethren by their contentious obstinacie and superstitious feares in such things which neither by authoritie of Scripture nor universall tradition of the Church nor necessarie conformity of manners can bee reduc'd to any certaine terme onely because they find various matter of Argument or because it was so in such a Countrey or because they are so farre out of conceipt with their owne that they hold those things most authentick which differ most from their present practisee Hereupon raising so many litigious questions that they esteeme nothing right but their owne fancies To such obstinate Opinionators Master Calvin whose Discipline they would seeme to imitate though I feare they will scarce follow his Doctrine leaves this principle I desire such may bee admonished first not to wed themselves to their owne folly Secondly that in such frowardnesse they hinder not the building of the Church Thirdly that foolish emulation transport them not for what cause have such of brawling but shame to yeild to their betters r Calvin Epistola ad Anglos agentes Franckford●ae Illos monitos esse cupio ne sibi in sua inscitia nimis placeant dei de ne sua pervicatia sancti Aedificu cursam retardent Tertio ne stulta eos aemulatio abripiat Nam quae illis rixandi caus● nisi quia pudet mel●oribus cedere Now how farre the Apostles precept the Fathers president or the advice of Mr. Calvin prevailes upon some of these to submit to men or Lawes or with what moderation they proceed to establish their owne new Discipline is observeable Posito uno absurdo sequuntur mille is a Rule in Schooles and now can they bee conformable subordinate to Law or Government who lay their Principles above all Lawes They tell us a Practice of Prelates D. 2. the Presbyter is the only band of peace That b T. Cart. lib. 1. Epist the want of Eldership is the cause of all evills That this Discipline c Idem l. 1. p. 6. 48. is no small part of the Gospell it is of the substance of it * Knox Exhortation pag. 35. 43. That it is the Gospell of the Kingdone of God d Register pag. 68. That without this Discipline there can bee no true Religion e T. Cart. lib. pag. 220. Idem Preface to the Demonstrat That they that reject this Discipiine refuse to have Christ reigne over them and denie him in effect to bee their King or their Lord. And thence conclude that if any refuse to have the Lord Iesus set up as Lord let him bee f Christ on his throne fol. 76. Anathema Maranatha Vpon these pillars advancing the Church above the reach of all humane power telling us that every visible Church g In the 8. unanswerable propositions printed 1641. Eatons Positions not 9. which they say is every parish is an independant bodie of it self and hath power from Christ her head who hath left perfect Lawes for the government thereof which are unalterable and