they Facile possent Episcopi legitimam obedientiam retinere c. Bishops might easily retein lawfull obedience if they did not urge us to keep Traditions which with a good Conscience cannot be kept Again Nunc non id agitnr c. It is not now sought that the Government be taken away from Bishops but this one thing is desired That they will suffeâ—… the Gospel to be purely taught and release some few Observances which cannot be kept without sinne This generall Confession may stand for a thousand Witnesses under which all the Protestants in Germany did shelter themselves To this I may adde the Apology for the same Confession Hac de re in hoc conventu c. We have often testified of this matter in this meeting that we desire wiâ—… all our hearts to conserve the Ecclesiasticall Policy anâ—… the degrees made in the Church by Humane Authoritâ—… Againe This our Will shall excuse us both before God anâ—… all the World that it may not be imputed to us that thâ—… Authority of Bishops was weakned by our means Thâ—… confession of Saxony is subscribed by seventeen Superintendents of Bishops The Suevick Confession iâ—… so farre from opposing the spirituall power of the Praelates that they doe not exclude them from secular Government and complaineth of great wrong done tâ—… their Churches as if they did seek to reduce the poweâ—… of Ecclesiasticall Praelates to nothing And most plain ly they declare for the Ecclesiasticall Jurisdiction oâ—… Bishops in the 33. Chapter of the secular Magistratâ—… I might produce the Articles of the Protestants and more Confessions and many Witnesses to this purpose if it were needfull But perhaps some may sayâ—… That these are all Lutherans and no good Protestantâ—… That were strange indeed that they who made thâ—… Protestation and from thence were called Protestants keeping themselves to the same grounds should become no Protestants and they who made no Protestation nor have right to the name but by communioâ—… with them should become the onely Protestants Buâ—… to satisfie them in this also Upon the Words of the Augustane Confessionâ—… before recited the Observations set forth in the namâ—… of the French and Belgicke Churches at the latteâ—… end of the Harmony of Confessions doe divide Bishops into three kinds 1 Apostolicall of Ordeâ—… not of Degree common to all the Ministers of the word 2. Humane both of Order and of Degree which they confesse to â—…e ancient and defined and circumscribed with many old Canons 3. Tyrannicall in the Church of Rome wandring not onely without the word of God but also extra Canones aequissimos without those most equall or just Canons which last they abhominate but of this more in the next Consideration They say further that it is the Office of godâ—…y Magistrates to see how farre it may be expedient for Bishops to have some kind of Civill Dominion and upon the Saxonick confession they acknowledge that Bishops may make Laws belonging to Order â—…nd Decency so it be not done Arbitrarily but by the judgement of a lawfull Synod and what doe we say more You have also seen the confession of the Church of England directly for Episcopacy which nevertheâ—…esse was so approved and applauded by the Tigurine Divines That they made no end of praising of it that â—…hey judged nothing to have been published more perfect in those dayes that they promise themselves that the Protestant Church shall never want a Champion so long as the Authour thereof did live yet it was both for Bishops and by a Bishop Calvine was no Lutherane yet he subscribed the Augustane Confession oâ—… the Apology for it or both And in his Institutions he describeth at large the Regiment of the Primitive Church after the dayes of the Apostles That though the Bishops of those times expressed more in their Canons then was expressed in the word of God yet they composed the whole Oeconomy of the Church with that caution that it may easily appear that it had almost nothing strange from the word of God That in each Citty the Presbyters did choose one of their number to whom they gave the Title of Bishop specially least dissention might spring from equallity as commonly it comes to passe He shews out of Saint Ierome that this institution was as ancient in Alexandria as from Saint Marke He proceeds to shew the end of Arch-Bishops and the Constitutioâ—… of Patriarkes and concludes That this kind of Government some called an Hierarchy by a name improper at least not used in the Scriptures but if we passâ—… by the name and looke upon the thing it selfe we shaâ—… find that the Ancient Bishops did goe about to devise no other Forme of governing the Church then that which God hath prescribed in his word There might be sundry other places alleged out of his Epistle and his Answer to Sadolet to the same purpose but I omit them only with this note that one of the most conspicuous placeâ—… in his Epistle to Sadolet Talem nobis Hierarchiam c. against those that shall reject Episcopacy being reduced to its due submission to Christ and Society with their Brethren is purged out in the two latter Editionâ—… of Beza and Gallasius to let us see that the Romanistâ—… are not the onely men who cut out the Tongues oâ—… their own Witnesses Zanchy delivers the very same grounds and addes That nothing is more certainâ—… then this That Episcopacy was received into the Church communi consensu totius Reipublicae Christianae with the common consent of the whole Christian Commonwealth That it was free for them to doe so Thaâ—… it was done for honest or just causes That it cannot bâ—… misliked That those things which are defined and received by the Godly Fathers congregated in the namâ—… of the Lord by the common consent of all without anâ—… contradiction to the Holy Scriptures though they be noâ—… of the same Authority with the Scriptures yet they arâ—… from the Holy Ghost Quae hujusmodi sunt ea eâ—…o â—…probare nec velim nec audeam bona Conscientia â—…uch as he had neither Will nor Confidence nor 〈◊〉 to disallow Which very place being â—…rged by â—…arraviah against Beza he closeth with it A quo maâ—…ime certe dissentimus cum Episcopatum illum mere diâ—…inum Apostolicum ab humano non quasi sint illa â—…nter se repugnantia sed tantum ut diversa imparis â—…uctoritatis discernimus From which opinion of Zanâ—…y we doe not dissent nor distinguish between that Apostolicall and meerely Divine Episcopacy from this other which is humane as if they were reâ—…ugnant one to another but onely diverse and of unequall Authority The same Booke is full of such places Quod si nunc Ecclesiae Anglicanae instauratae c. If the English reformed Churches doe now stand underpropped with the authority of Bishops and Arch-Bishops as it hath come to passe in our memoryes that
Romans and so according to your position it is established by God can the People or the Major part without grosse Treason attempt to dethrone this King or send him a writ of ease They that are so zealous in Religion to have every thing ordered according to the expresse word of God let them shew but one Text where ever God did give this Power to Subjects to reduce their Soveraignes to order by Arms. If this were so Kings were in a miserable condition Consider the present Estate of Christendome what King hath not Subjects of sundry Communions and Professions in point of Religion upon these mens grounds he must be a Tyrant to one party or more Moses seemed a Tyrant to Korah and his rebellious Company Queen Elizabeth and King Iames did seem Tyrants to Squire Parry Sommervill and the Powder-Traytors Licurgus of whom Apollo once doubted whether he should be numbred among the Gods or Men was well neere stoned and had his eyes put out in a popular tumult Thus Barabbas may be absolved and the King of Kings condemned What Divellish Plots would this Doctrine presently raise if it were received what murthers and assassinates would it â—…sher into the World especially considering that the worst men are most commonly active in this kind to whom nothing doth more discommend a King then his Justice Observer As for the finall Cause of Regall Authority I doe not find any thing in the Kings papers denying that the same people is the finall which is the efficient cause of it indeed it were strange if the People in subjecting it selfe to command should aime at any thing but their own good in the first and last place T is true according to Machavills Politicks Princes ought to aime at greatnesse not in but â—…ver their Subjects and for the atchieving of the same they ought to propose to themselves no greater good then the spoyling and breaking the spirits of their subjects nor no greater mischiefe then common Freedome neither ought they to promote and cherish any servants but such as are most fit for rapine and oppression nor depresse and prosecute any as Enemies but such as are gracious with the populacy for noble and gallant acts And a little after His Dignity was erected to preserve the Commonalty the Commonalty was not created for his Service and that which is the end is farre more valuable in Nature and Policy then that which is the means Answer Still this Discourse runs upon elective Kingdoms As for those which have had other originalls here is a deep silence sâ—…is tu simulâ—…e â—…upressum quid hoc you can paint a Cypresse Tree but what is this to the purpose Let it be admitted that in such Monarchies the aime of the People is their own Protection Concord and Tranquillity Rulers are the Ministers of God for our good so on the other side Soveraigne Princes have their ends also who feedeth a flock and eateth not of the milke thereof So there are mutuall ends and these ends on both sides are lawfull and good so long as they are consonant to the rules of Justice And though Prince and People doe principally intend their own respective good yet it were folly to imagine to atteine to such high ends of such consequence and concernment without the mixture of some Dangers Difficulties Troubles and Inconveniences as Saint Ambrose saith that since the fall of Adam thornes often grow without roses but no true roses without thorns we must take the rose with the thorn the one with the other in good part for better for worse fructus transit cum onere the benefit passeth with the burthen If we can purchase tranquillity which we intend with Obedience and Subjection which we must undergoe we have no cause to complain of the bargain It is a most wretched Government where one reall suffering is not compensated with ten benefits and blessings Again this publicke good of the people is to use your own phrase either singulorum or universorum publicke or private of particular Subjects or of the whole Common-wealth howsoever the actuall intentions of individuall Members of a Society may aime at the private yet when these two are inconsistent as sometimes it falls ouâ—… a good Governour must preferr the publick and particular Members must not grumble to suffer for the generall good of the Body Politick But you say the end is farr more honourable then the meanes and the Preservation of the Commonalty is the end of Regall Dignity True but this preservation must be understood sub modo according to Law which is not alterable at the discretion of humorous Men but with the concurrence both of King and Subjects Likewise this is to be understood where the ends are not mutuall as here they are the King for the People and the People for the King and where the end is not partiall but adaequate as this is not Lastly the end is more valuable how qua finis as it is the end in the intention of the efficient not alwayes in the nâ—…ture of the thing If the Observer had argued thus the publicke Tranquillity of King and People is the end of Government therefore more valuable hiâ—… inference had been good but as he argues now it is a meere Paralogisme which I will clear by some instances The Tutor is elected for the preservation of his Pupâ—…ll yet the Pupill qua talis is lesse honourable The Angells are Ministring Spirits for the good of Man-kinde are men therefore more honourable then Angells The Redemption of the World is the end of Christs Incarnation is the World therefore more excellent then Christ Whether the Observer cite Machiavell true or false I neither know nor regard Such a Character might fit Caesar Borgias a new Intruder but not King Charles who derives his Royalty from above an hundred Kingly Predecessors whom Malice itselfe cannot charge with one drop of guiltlesse Blood nor with the teare of an innocent such a Prince as Vespaâ—…ian of whom it is said that justis suppliciis illâ—…chrimavit ingemuit But I offer two issues to the Observer out of these words of Machiavell if he please to accept the challenge First that more Noble Worthies have been cruâ—…hed to nothing by the insolency of the People proportion for proportion then by the Power of Kings As in Athens for instance Socrates Aristides Themistocles Alcibiades and many more The Second that gallant and veruous Actioâ—…s doe not more often ingratiate men with the People then a rouling tongue a precipitate head vain glorious Profusion oily Insinuations feined Devotions Sufferings though deserved from Superiâ—…rs and above all opposition to the present Staâ—… So that he that is a Favorite to the King is ipso facto hated by the People or the major Part â—…nd to be sleighted by the Prince is frequently a reâ—…y way to be honoured by the People Iudas of â—…lilee was a great Favorite of the Commons how did he indeare
dictate so to him he might truely say that he was bound to doe it both by His Oath and his Office Yet his Grand-Father Edward the third revoked a Statute because it waâ—… prejudiciall to the rights of his Crown and was made without his free consent Observer That which results from hence is if our Kings receive all Royalty from the People and for the behoofe of the People and that by a speciall trust of safety and Liberty expresly by the people limited and by their own grants and Oaths ratified then â—…ur Kings cannot bâ—… said to have so inconditionate and high a propriety in all our Lifes Libertyes and Possessions or in any thing else to the Crown apperteining as we have in their dignity or in our selves and indeed if they had they were â—…ot born for the People but meerely for themselveâ—… neither were it lawfull or naturall for them to expose their Lifes and Fortunes for their Country as they have been bound hitherto to doe according to that of our Saviour Bonus Pastor ponit vitam pro oâ—…ibus Answer Ex his praemissis necessario sequitur collusio All your main Pillars are broken reeds and your Building must needs fall For our Kings doe not receive all Royalty from the People nor onely for the behoofe of the People but partly for the People partly for themselves and theirs and principally for Gods glory Those conditionate reservations and limitationâ—… which you fancy are but your own drowsy dreames neither doth His Majesties Charter nor can His Oath extend to any such fictitious privilege as you devise The propriety which His Majesty hath in our Lifes Libertyes and Estates is of publicke Dominion not of private Possession His interest in things apperteining to the Crown is both of Dominion and Possâ—…ssion the right which we have in him is not a right of Dominion over him but a right of Protection from him and under him and this very right of Protection which he owes to us and we may expect from him shews clearely that he is born in 〈◊〉 for his People and is a sufficient ground for him to expose his Life and Fortunes to the extremest perills for his Country The Authours inference that it is not lawfull or naturall according to these grounds is a silly and ridiculous collection not unlike unto his similitude from the Shepheard whom all men know to have an absolute and inconditionate Dominion over his Sheep yet is he bound to expose his Life for them Observer But now of Parliaments Parliaments have the same efficient cause as Monarchies if not higher For in truth the whole Kingdome is not so properly the Authour as the essence it selfe of Parliaments and by the former Rule it is magis tale because we see ipsum quid quod efficit tale And it is I think beyond all Controversy that God and the Law operate as the same causes both in Kings and Parliaments for God favours both and the Law establishes both and the act of Men still concurres in the sustentation of both And not to stay longer on this Parliaments have also the same finall â—…use as Monarchyes if not greater for indeed publicke Safety and Liberty could not be so effectually provided for by Monarchs till Parliaments were constituted for supplying of all defects in that Government Answer The Observer having shewed his teeth to Monarchs now he comes to fawn upon Parliaments the Italians have a proverbe He that speakes me fairer then he useth to doe either hath deceived me or he would deceive me Queen Elizabeth is now a Saint with our Schismaticall Mar-Prelates but when she was alive those rayling Rabshekehs did match her with Ahab and Ieroboam now their tongues are silver Trumpets to sound out the praises of Parliaments it is not long since they reviled them as fast calling them Courts without Conscience or Equity God blesse Parliaments and grant they may doe nothing unworthy of themselves or of their name which was Senatus Sapientum The commendation of bad men was the just ground of a wise mans fear But let us examine the parculars Parliaments you say have the same efficient cause as Monarchyes if not higher it seemes you are not resolved whether Higher How should that be unlesse you have devised some Hierarchy of Angells in Heaven to overtoppe God as you have found out a Court Paramount over his Vicegerent in Earth But you build upon your old sandy Foundation that all Kings derive their power from the People I must once more tell you the Monarchy of this Kingdome is not from the People as the efficient but from the King of Kings The onely Argument which I have seen pressed with any shew of probability which yet the Observer hath not met with is this That upon deficiency of the Royall Line the Dominion escheats to the People as the Lord Paramount A meere mistake they might even as well say that because the Wife upon the death of her Husband is loosed from her former obligation and is free either to continue a Widdow or to elect a new Husband that therefore her Husband in his Life time did derive his Dominion from Her and that by his Death Dominion did escheat to Her as to the Lady Paramount yet if all this were admitted it proves but a respective Equallity Yes you adde that the Parliament is the very essence of the Kingdome that is to say the cause of the King and therefore by your Lesbian Rule of quod efficit tale it is in it selfe more worthy and more powerfull Though the Rule be nothing to the purpose yet I will admit it and joyne issue with the Observer whether the King or the Parliament be the cause of the other let that be more worthy That the King is the cause of the Parliament is as evident as the Noon-day light He calls them He dissolves them they are His Councell by virtue of His writ they doe otherwise they cannot sit That the Parliament should be the cause of the King is as impossible as it is for Shem to be Noahs Father How many Kings in the World have never known Parliament neither the name nor the thing Thus the Observer In the infancy of the World most Nations did choose rather to submit themselves to the discretion of their Lords then to relye upon any Limits And litle after yet long it was ere the bounds and conditions of Supreme Lords were so wisely determined 〈◊〉 quietly conserved as now they are It is apparent then Kings were before Parliaments even in time Ouâ—… Freâ—…ch Authours doe affirme that their Kingdomâ—… was governed for many Ages by Kings without Parliaments happily and prosperously Phillip the fairâ—… was the first Erecter of their Parliaments of Paris and Mountpelliers As for ours in England will you heaâ—… Master Stow our Annalist thus he in the sixteenth of Henry the first in the name of our Historiographers not as his own private opinion This doe theâ—… Historiographers
not in both alike God is the immediate cause of Kings the remote of Parliaments Kings and Parliaments have the same ultimate and Architectonicall end that is the tranquillity of the whole Body Politicke but not the same proper and next ends which in the Parliament is to advise the King supply the King and 〈◊〉 the constituâ—…ion of new Laws to concurre with the â—…ng I grant to speâ—…ke in his Majestyes own words â—…s more full then the Observers That Parliaments are so essentiall a part of the constitution of this Kingdome that we can aâ—…ein â—…o happinesse without them But to conclude from hence their Supâ—…riority above Kings or equality with Kings is to subject the principall efficient to every secundâ—…ry cause subordinate iâ—…strumentall or sine quaâ—…on Observer Two things are aimed at in Parliaments not to be atâ—…eined to by otâ—…er meanes First that the interest of the People might be satisfied Secondly that Kings might â—…e better counsailed In the summons of Edward the first claus 7. 111. 3. dors we see the first end of Parliaments expressed for he inserts in the writ that whatsoever affaire is of publick concernment ought to receive â—…ublicke approbation quod omnes tang 〈◊〉 ab omnibus approbaâ—…i debet or tractâ—…ri And in the same writ he sith this is Lex notissima provida circumspectione stabilita there is not a word here but it is observable publicke approbation consent or treaty is necessary in all publicke expedients and this is not a meere usage in England but a Law and this Law is not subject to any doubt or dispâ—…e there is nothing more known neither is this known Law extorted from Kings by the violeâ—…ce and injustice of the people it is duely and formally establish't and that 〈◊〉 a great deal of â—…eason not withâ—…t the providence and circumspection of all the States Were there no further Antiquity then the Raigne dâ—… Edward the first to recommend this to us certainly sâ—… there ought to be no reverence with-held from it foâ—… this Prince was Wise Fortunate just and valiant bâ—…yond all his Predecessors if not Successors also and therefore it is more glory to our Freedomes that as weake and peevish Princes have most opposed them so that he first repaired the breaches which the conquest had made upon them And yet it is very probable that this Laâ—… was farr ancienter then his Raigne and the words Leâ—… stabilita notissima seemes to intimate that the Conquest it selfe had never wholly buried this in the publicke ruine and confusion of the State It should seem at this time Llewellins troubles in Wales were not quite suppressed and the French King was upon a designe 〈◊〉 invade some pieces of ours in France and therâ—…fore he sends out his summons ad trâ—…ctandum ordinandum faciendum cum prelatis 〈◊〉 aliis incolis Regni for the prevention of these dangers Thesâ—… words tractandum ordinandum faciendum doe fully prove that the people in those dayes were summoned ad consensum as well as consilium and this Law quod omnes tangit c. shews the reason and ground upon which that consent and approbation is founded Answer The Observer is just like a winter Brooke which swells with water when there is no need but in summer when it should be usefull is dried up for all the absurd Paradoxes which he brings in this treatise he produceth not one Authority but his own and here to confirme a known truth which no man deâ—…es he cites Rolls and adornes them with his glosses â—…r my part I know no man that did ever enâ—…y or â—…aligne the honour of Edward the first except Ioâ—…nnes Major who was angry with him for his Norâ—…ren Expedition Edvardus Longshankes câ—…m longâ—…s â—…biis suis venit in Scotiam But what is this to your â—…rpose yes it makes for the glory of our Freedomes â—…at as weake and peevish Princes opposed them so he reâ—…ired the breaches of them How doe you know that 〈◊〉 this summons also I see you are dextrous and â—…n soone make an ell of an inch but in truth you are â—…ry unfortunate in your instances Edward the first â—…as a much greater Improver of the Royalty then â—…y of his Predecessours in which respect he is stiled â—…y our Chroniclers the first Conquerer after the Conâ—…erer That which was urged to his Fathers was â—…ever that I read of tendred to him for the Parliaâ—…ent to have the nomination of the chiefe Justice â—…hancellour and Treasurer but onely once in his â—…hole time and then being rejected with a frown â—…as never moved more It is more probable or rather â—…pparent that the Lenity irresolution and mutable â—…isposition of Princes have been that which hath imâ—…oldened Subjects to make insolent and presumptuâ—…us demands to their Soveraignes Thus for the Man you are as ample for the Law â—…hat it is Lex notissima not only notissima but stabilita lastly stabilita provida circumspectione A trimme gradation quid tanto dignum feret Observator hiatu who reads this and believes not that some great mountain is travelling yet in very deed it is with nothing but a ridiculous mouse postquam incruduit pâ—… na after the fray grows hot dishes and trenchers aâ—… turned to weapons said Erasmus Let your Laâ—… speake itselfe That which conâ—…erns all Men ought to 〈◊〉 approved or handled by all Men. Who denyes it 〈◊〉 shall easily grant you that this Law is not onely aâ—… cienter then the first Edward but even as ancient 〈◊〉 the first Adam a part of the Law of Nature 〈◊〉 least in the grounds of it But that you may not sâ—… away in a mist of Generalities as it is your use oâ—… word of your tangit another of your approbari debeâ—… That which concerns all Men Sir all Men may be saiâ—… to be concerned two wayes either in the consequenâ—… of affairs or in the management thereof This lattâ—… concernment gives a right sometimes to counsell only sometimes both to counsell and approve sometime both to counsell approve and act according to the private constitutions of Societyes but the former implyes no right neither ad approbandum nor yet ad tractandum As for example the meanest Freshmen arâ—… concerned in the Statures and Orders of the University yet are none admitted to debaâ—…e them but the Visiters Heads and at the lowest the Regent Masters And this exception holds in all cases wherâ—… either Inferiours or their Predecessours have legally divested themselves of this power by their proper act or where this trust is committed to Superiours by the Laws divine naturall or nationall Secondly the Counsell Consent or act of Proctors Atturnyes and generally of all Trustees whether one or more whether rightfully elected or imposed according to the latitude of their trust ought to be interpreted as the counsell consent act of thosâ—…â—…ersons by whom or over whom or for whom they â—…e so trusted and whose power virtually they doe reâ—…ine So as a
This is rather an exception against the Law it selfe then the King So the Observer and his pewfellowes deal with Laws and Law-makers if they make for them suscipiunt ut Aquilas they admire them as Eagles if they make against them despiciâ—…nt ut graculos they despise them as Dawes the Fundamentall Constitutions of the Kingdome must be streight exploded the Law is become a Formallity Are you in earnest Sir that this is destructive to Parliaments you might have said more truely the productive cause of all Parliaments that ever were in England or of any Assembly that had an Analogy with Parliaments I tooke you only for a Reformer of some abuses newly crept in but it is plain you intend to be another Licurgus to alter the whole frame of Government Truely Sir you beginne very high and jumpe over the backs of a great many Generations at once Doubtlesse you are either very wise or have a great opinion of your owne Wisdome But to the point It is confessed that sometimes some evills doe flow from inconsiderate trust but many more from needlesse Jealousy incommoda non solvunt Regulam Inconveniences doe not abrogate a Law Restraint commonly makes pâ—…ssion more violent When you have done what you can there must be a trust either reposed in one or many and better in one then many Doe but looke home a little without trust a Man knows not his owne Father without trust a man knowes not his own Children Some trust there must be and who fitter to be trusted then he that hath the Supremacy of power unlesse you will make two Supremes You confesse that Parliaments ought to be used as Phisick not as constant Diet. And the Law hath â—…ow set down a faire terme for the continuance of an ordinary Parliament unlesse you would be continually in a course of Phisick The second exception is His Majesty declares that the Parliament hath no universall power to advise in all things but in quibusdam arduis according to the Writ and cites the president of Wentworth a Member of the House of Commons committed by Queen Elizabeth the Parliament sitting for proposing to advise Her in a matter She thought they had nothing to doe with The Observer magnifies Queen Elizabeth for Her Goodnesse and Clemency but withall he addes But we must not be presidented in apparent violation of Law by Queen Elizabeth A grave Historiographer tells us of a close and dangerous kind of Enemies tacitum inimicorum genus such as make a mans praises an introduction to their venemous invectives as if it were not malice but pure love of truth that even forced them to speak so much such an one is a good Man but c. So Queen Elizabeth was a good Queen but in this particular she played the Tyrant To violate Laws to violate them apparently therefore wilfully to have no respect to the House of Commons whereof Wentworth was a Member was no signe of Grace and Clemency Certainly Queen Elizabeth a wise and mercifull Princesse one that so much courted Her People would not have done it but that She thought She had just grounds or if She might erre in her judgement yet She had as wise a Councell as any Prince in Europe and a businesse of this consequence could not be done without their advice who doubtlesse were some of them Members of the same House or if both She and they should be mistaken yet why were the House of Commons themselves silent whilest such a known Privilege was apparently invaded why did they not at least in an humble Petition represent this apparent violation of their Libertyes that it might remaine as a memoriall to plead for them to Posterity that they were not the betrayers of the Rights of Parliaments She that was so gracious as he Observer acknowledgeth and whose goodnesse was so perfect and undissembled could not choose but take it well and thanke them for it Neither will it suffice to say She gained upon them by Courtesy such an apparent violation so prejudiciall to the Highest Court of the Kingdome passed over in deep silence shews as litle Courtesy on the one side as Discretion on the other In brief as I cannot conceive that these words in quibusdam arduis are so restrictive that the House may consult of nothing but what shall be proposed or was intended at the time of the Summons so on the other side I doe not see how either the Commission or Prescription doe give them such an universall Cognizance or Jurisdiction Queen Elizabeth declared Herselfe oftner then once in this point in Her first Parliament when in reason She should be most tender to the Speaker and the Body of the House of Commons out of their Loves humbly moving Her to Marriage She answered that She tooke it well because it was without limitation of Place or Person if it had been otherwise She must needs have misliked it and thought it a great presumption for those to take upon them to bind and limit whose duties were to obey The third exception is the King saith they must meerely counsell and not command a strange charge if you marke it For it is impossible that the same trust should be irrevocably committed to the King and His Heires for ever and yet that very trust and a power above that trust be committed to others The Observer answers first little to the purpose that though there cannot be two Supremes yet the King is universis minor lesse thâ—n the collective Body of His Subjects as we see in all conditionate Princes such as the Prince of Orenge c. His Maxime that the King is singulis Major univerversis Minor except the King himselfe be included in the universi hath been shaken in pieces before The Law is plain The Kings Most Royall Majesty of meer droit very Right is very Head King Lord and Ruler of this Realm And doth he now intend to include the King of England in his c. among condionate Princes Take heed Sir this will prove a worse c. then that in the late Canons Secondly he answers that though the Kings power be irrevocable yet it is not universall the people have reserved something to themselves out of Parliament and something in Parliament It were to be wished that he would distinctly set down the particular reservations a deceitfull Man walkes in Generallityes Still the Observer dreams of Elective Kingdoms where the people have made choise either of a Person or a Family To us it is nothing they that give nothing can reserve nothing Trusted and yet reserved How the Observer joynes Gryphins and Horses together if trusted how reserved if reserved how trusted but how doth the Observer prove either his trust or reservation nay it is a tacite trust in good time so he proves his intention by a Company of dumbe witnesses In conclusion his proofe is that it is a part of the Law of Nature A trimme Law of Nature indeed which
gives the People the last Judgement of necessity and upon this Judgement a power to rise in Arms. If any Divine have unwittingly slipped into any such errours in not distinguishing between an absolute and respective Soveraignty which I can hardly beleeve yet the Observer might have held his peace for shame The one is so intent upon the Law of God the other upon the Law of Nature that they both forget the known Laws of the Land Especially he shews his spleen against Bishop sometimes calling them Popish Bishops If Popery were as ancient as Episcopacy the Observer might shake his Eares at it to small purpose Sometimes he stiles them the Praelaticall Faction If that be a Faction which is established by the Fundamentall Law of the Land and hath ever been a radicated Order of the Kingdom What may a man think of hiâ—… Revâ—…rend Coâ—…hmen and Buâ—…ton makers and the rest of that diversified Schismaticall â—…ie Sometimes he makes Levi and Simâ—…n Hierarchists and Papists the heads of the maine Malignants I â—…ope the Observer will allow some Government in the Church either of Councells or Synods or Assemblyes or Consistoryes or Senates or Presbyteryes either 〈◊〉 as it is at Genevah or Parochiall as it is in the Low-Countries either of Presidents or Moderators or Visiters Pastors Doctors Curate or not Curate Elders perpetuall or Annuall Deacons Widowâ—… or some of them for they are not yet well agreed about any of these In one place Elders are Commissioners to the Seigniory are placed and displaced by the Magistrate take an Oath of Obedience to the Magistrate in other places the King hath not so much as the place of a Lay-Elder except he be chosen Or perhaps the Observer is for none of all these wayes but as errant an Independent in the Church as he desires to be in the Common-wealth Here are many things very considerable in this businesse First That in doubtfull cases Melior est conditio vossident is Possession is a strong plea especially if it be of long continuance as this of Episcopâ—…cy is ever since Christianity was planted in this Kingdome This is certain Brittish Bishops have been of Note in Forrein Councells since the second Councell of Arles which is above thirteen hundred yeares to say nothing of Aristobulus mentioned in the Epistle to the Romans whom some good Authors make a Bishop in this Island They that shall goe about to shake in pieces such an ancient Institution which was brought into the Church either by the Authority or at least by the approbation of the Apostles had need to bring cleare proofes not blind conjectures about which they themselves cannot agree one with another Bishops flourished long in this Kingdom even when the Brittish Church enjoyed the Cyprian privilege and acknowledged no subjection to any forrein See whatsoever Secondly That which the Observer saith of Monarchy that our Laws are locked and Cabinetted in it in such manner that the wounding of the one is the bleeding of the other though he forget it throughout his Discourse is likewise true of Episcopacy that it is woven and riveted into the body of our Law Heare a Witnesse beyond exception For the Government of Bishops I for my part not prejudging the presidents of other Reformed Churches doe hold it warranted by the Word of God and by the practise of the ancient Church in the better times and much more convenient for Kingdoms then parity of Ministers or Government by Synods And presently after It is worth noting that the Scripture saith Translato Sacerdotio necesse est ut legis fiat Translatio It is not possible in respect of the great and neere sympathy between the State Civill and the State Ecclesiasticall to make so maine an alteration in the Church but it would have a perillous operation upon the Kingdome And therefore it is fit that Controversie be in Peace and Silence It would not be forgotten what was cited before out of Cartwright That as the hangings must be shaped according to the House so must the Civill Government be conformed to the Government of the Church The Anabaptisâ—…â—…egan with Bishops but at length the Emperour was â—…ith them but Carolus a Gandavo Charles of Gant 〈◊〉 leave it to others to Judge by what fate or fortune it â—…omes to pâ—…sse beyond the Sea That wheresoever any â—…ther Regiment of the Church takes place if the faâ—…ourers of it be the Major part and have power in their â—…ands it either finds or makes a popular State every â—…ans own imaginâ—…ion will supply him with instances And this may be the reason why Calvin a wise man 〈◊〉 an Epistle to the King of Polonia doth represent â—…ot the Disciplinarian but Episcopall Government as â—…tter for Monarchyes Having shewed the Regiment â—…f the Primitive Church by Patriarkes Primates and â—…ishops he proceeds thus As if at this Day one Arch-â—…ishop should be over the illustrious Kingdom of Polonia â—…t to domineere over the rest or arrogate their right unto â—…imselfe but for orders cause c. And further there â—…ould be a Bishop in each Citty or Province to attend peâ—…uliarly to the preservation of Order marke his Reaâ—…on even as Nature it selfe doth dictate to us that in â—…very College one ought to be chosen upon whom the prinâ—…ipall care of the College should rest Thirdly Episcopacy is not onely ancient and ceâ—…ented into our Laws but also was universally reâ—…eived without any opposition or so much as a queâ—…tion throughout the whole Christian World among â—…ll sorts of Christians of what Communion or â—…rofession soever they were Graecian Latin Rusâ—…an Armenian Abissine c yea even among those â—…ho by reason of the great distance and remotenesse â—…f their Countryes never heard of the Pope nor of the name of Rome ever since the Apostles did tread upon the face of the Earth untill this last Century of Yeares so farre is it from being a Relick of Popery And the Observer is challenged to name but one Church or so much as one poor Village throughout the whole World from the Dayes of the Apostles till the year of Christ 1500 that ever was governed without a Bishop I except the Acepâ—…ali or such disordered Persons that had no Governmenâ—… at all or to name but one Lay-Elder or one Ambulatory Bishop that governed by turne or course in thâ—… Primitive times in the whole Catholike Church before the year 1536 when Calvine came to Geneuah We find the proper and particular names of Apostles Evangelists Bishop Presbiters and Deacons in the Scriptures in Councells in Ecclesiastical Historyes in the Fathers if he and all his Friendâ—… be not able out of all these Authorities to name onâ—… particular Lay-Elder or ambulatory Bishop thâ—… reason must be because there never was such a Creature in rerum natura And his Elders in Saint Ambrose and Saint Ierome are much mistaken hoâ—… should they be otherwise the one Authour being 〈◊〉 Bishop himselfe and the other
deducing Bishops iâ—… Alexandria from Saint Marke and telling us plainlâ—… that which we find to be true that without Episcopall Authoriâ—…y there will be as many Schismes as Priesâ—… in the Church The Hierarchists as he calls them will be contented â—…o wave all other Authors and 〈◊〉 â—…ed by either of these The seven Angells in thâ—… Revelation cap. 2. 3 cannot be the seven Chuâ—…ches for the Angells and the Churches are 〈◊〉 distinguished Rev. 1. 20 but it must be the seven Bishops of the Churches These were not Parochiall Churches each of them had many Pastors and many particular Flocks Beza confesseth that these Angellâ—… were Presidents over the other Presbiters but he believes not they had a priority of Power or that this Presidency was permanent but went by course If the Government went by turnes I would gladly know why one of them is called an Angell more then the other Surely he that shall reade the seven Epistles how some of them are commâ—…ended for their constancy and perseverance in their Government and others reprehended for suffering Heretickâ—… to continue in their Churches will find sufficient ground in every one of these Epistles to believe that they were not changeable every weeke or Moneth or quarter of a Yeare but constant and permanent Governours having power of Jurisdiction to represse abuses otherwise why are they taxed for the abuses done in their Diocesses if it were not in their power to remedy them And if he will give credit to the Testimony of the Primitive Fathers he may find both who sundry of these Angells or Bishops were and also who were their Successors Fourthly though in such variety of new Forms of Church Regiment he hath not expressed himselfe to what Forme he inclines saving that in one place â—…e speakes of a Iancto of Divines I cannot think but himselfe would have the naming of them yet we will suppose that which we are farre from believing that a few green Heads see more then all the Fathers and Councells and Schoolemen and that the Observers busy working braine could molde a Church better then all the Apostles Notwithstanding all this Saint Austins rule to Ianuarius is very considerable if you will not erre doe that which I use to do to whatsoever Church I come I apply my selfe to the Ceremonies thereof He would have added the Discipline also if there had been sundry Formes but there was none but Episcopâ—…y then in the world God is a mercifull God and lookes upon his Creatures with all prejudices of Education Habitation c. Faction is more offensive to him and breach of Charity more dangerous to the Soule then any unknown errour in Discâ—…pline much more where the errour is but supposed or feined and the Schisme apparent Now for the Discipline of the Church of England all Men know and grant that it hath ever been Episcopall In the publick Liturgy of our Church confirmed by Act of Parliament we pray for Bishops In our Booke of Ordination confirmed by the same Authority it is directly affirmed as evident by Scriptures and ancient Authours that from the time of the Apostles there have ever been these Orders of Ministers in Christs Church Bishops Priests and Deacons and that these Orders are appointed by the Holy Ghost In our Booke oâ—… Articles which conteins the received doctrin of our Church and therefore without doubt comes within the compasse of our late Protestation the same Book of Ordination is mainteined and it is plainely affirmed That there is nothing conteined in it which â—…s either superstitious or ungodly In the Apolâ—…gy of our Church published to the whole Christian World and by all Protestant Churches approved and applauded We declare that â—…e beleeve that there be diverse degrees of Ministers in the Church whereof some be Deacons some be Priests some Bishops Which being so it deserves some consideration which King Iames saith in the latter end of his Proclamation for Uniformity Such is the unquietnesse and unstedfastnesse of some dispositions affecting every yeare new forms of things as if they should be followed in their unconstancy would make all actions of States ridiculous and contemptible whereas the stedfast mainteining of things by good advise established is the weale of the Commonwealth I should not inlarge my selfe any further about this Consideration but for two reasons The one is I find it said by some that scarce any but Bishops have hitherto mainteined Bishops Take only three Testimonies of many they were all Members of the English Church yet all Strangers and all had lived in places opposite to Episcopall Government none of them either Bishops or their Chapleins or Expectants The first is King Iames the most learned of Kings I have alwayes thought that there ought to be Bishops in the Church according to the Apostolicall institution and by consequence Divine Ordination The second is Learned Bucer a Germane and imployed in the first Reformation of this Church to read Divinity in Cambridge one that was so opposite to Popery that after his Death his very bones were taken out of his Grave and burned by the Papists He is full in many places take one From the perpetuall observation of the Churches from the very Apostles themselves we see that it seemed good to the Holy Ghost that among the Ministers to whom the charge of the Church was especially committed one should undergoe a singular care of the Churches and the whole Ministery and in that care and sollicitude was before all the rest for which cause the name of a Bishop was peculiarly attributed to these highest Procurators of the Church The third is Peter Martyr at the same time imployed to reade Divinity at Oxford having expressed his consent concurrence with Saint â—…erome concerning Episcopacy he proceeds So far it is from us to bring confusion into the Church that rather we follow the same way for there is no Diocesse with us or Citty where of many Pastors there is not some one chosen excelling in Learning and Experience whom they call the Superintendent of the Church He convocates all the rest he admonisheth them he governs them according to the Word of God as the State of things requires The second reason is that I see it lately published to the World in Print that Doctor Whitakers Doctor Fulke and Doctor Reynolds were all Oppugners of Episcopacy Perhaps of Popish Episcopacy that is the abuse not the thing or of an absolute necessity by Divine Right of such and such an Episcopacy indowed with such or such degrees of Power or Preheminence or of such an Episcopacy as is held to differ from Presbiterate in the very power of Order but surely not of Episcopacy it selfe I wondred at the impudence of the Man It is a bad cause which stands in need to be underpropped with such pious impious frauds is onely fortified with hideous palpable Lyes if he fable in this let him have the just