ritus vestros vel vsum eorum publicum qui suscepta primum Scotiae suscepta dein Angliae corona regia vtrobique solenni ritu deo iusturandum praestitit de conseruanda in statu suo illa colendi Dei formula nec alia quam quae in regnis suis tum publice recepta vtriusque gentis legitus stabilita esset Quarum etiam se tum legum quoque non minus quam religionis sanctissimè in se suscepit defensorem fore Eo autem consilium hoc â—uum tendit vt nouator sit vt periurus vt vterque sit Esset enim vterque si vtroque hoc tam graui crimine vel coronae suae vel etiam vitae securitatem redimeret Hoc vero quam a ratione prorsus alienum tu lector iudica Regi nostro praesertim cui nulla hic apud nos periurij dispensatio speranda cui nulla de Pontifice opinio quòd tam sit omnipotens vt suscepti eum bis iuramenti religione possit exoluere These are the verie Words of the same most worthy Writer the English whereof I leaue to the Learned of your most Honourable Court The premised Testimonie considered What loyall Subiect can so basely or wickedly conceiue of h s Maiestie as that he should euer yeeld to a toleration of that damnable Religion against which he hath so often written protested and sworne So much the lesse are all true Subiects to conceiue any such thing because by a toleration as things now stand not onely the Kings Maiestie himselfe should be guiltie of the crimes mentioned in the former testimonie but also all the Iudges of the Land who are all sworne to the execution of the Lawes alreadie enacted against Poperie and Papists neither so only but also all other Iustices of the Peace in the Countrey all Maiors Bailifes and other chiefe Magistrates in all Cities and other Townes Incorporate The forme also of Iustice in administration of Oathes to Iurors c. should be changed Alas alas What a confusion would this make And what might all the Land feare for such doing If the Lord will not hold him guiltlesse that any way taketh his Name in vaine What may be feared when all the Magistrates of an whole Kingdome shall be guiltie of the same in the highest degree Ignorant Papists Touching ignorant Papists oh that some order might be taken for the reclaiming of them by louing kind and diligent instruction by men of discretion and wisedome well fitted so to doe Certainly the neglect hereof hath beene great and somewhat scandalous to the State Many haue beene greedie of their Money and readie to beg the pecuniarie mulct of absence from Church But alas who hath by good instruction laboured to bring them to Church and to the sauing knowledge of the Truth Something likewise might haue beene inserted for disarming of Papists but because somewhat hath beene done in this kind therefore I say the lesse onely order would be taken for renewing thereof yeerely and for better search of their houses in that behalfe without any foreknowledge of any such matter whereby to conuey their Armour to their Farmers or other Friends or hide them in the Ground or put them into Hogsheads or Pipes as if the said Vessels were full of Wine or Beere Against Oathes The abounding of Oathes and Blasphemies in this Land notwithstanding the manifold Commandements and fearfull threatnings of God against these sinnes and also the pride that men take in these sinnes Hos 4.1.2 Zech. 5.2 Ier. 23.10 would require some thing to be spoken of them least we partake of the Iudgements belonging vnto them But hearing some speech to haue been alreadie for some order to be taken for repressing of them I will forbeare all further speech in that behalfe Onely touching the Oath Ex officio The Oathe Ex officio and the Oath tendred to Churchwardens and Sidemen as the first hath been largely declared by diuers learned iudicious Lawyers to be against the Lawes of the Land especially by that renowmed Gentleman Master Morris late Attourney in the Court of Wards and is knowne so to be to many of your Honourable Court as also the same hath been condemned openly in Westminster Hall by the Iudges of his Maiesties most Honourable Bench euen to be against Law Reason Religion and Conscience none but Time-seruers daring to denie the same so touching the other Master Lambert of Kent a learned Lawyer and Iustice of Peace by the authoritie of that ancient Iudge Master Fitz-Harbert in his Natura breui hath in his directions for Iustices of Peace in giuing their Charges at Quarter Sessions set it downe for a speciall Article to be enquired whether any Ordinaries in their Courts doe impose the same viz. Any Oathe to any of the Kings Lay people in any causes saue only in matters Testamentarie and Matrimoniall The same also to be contrarie to Law is further euident by the expresse words of the Register that hath the grounds of our Law and the forme of all Writs for Law The daily imposition notwithstanding of this Oath in all Ecclesiasticall Courts by all Ordinaries being troublesome to many tender consciences if it might please your most Honourable Court to take some order therein it would doubtlesse be a meanes of much peace and great comfort to many good Christian Soules That some obiect Churchwardens Sidemen not to be meere Lay men many Lawyers can easily answer And how can they be but Lay men as things now stand that are neuer accounted of the Clergie that haue no Ecclesiasticall ordination that enioy no benefit of the Clergie but only that which euerie one that can but reade enioyeth in some cases of Felonie The taking of this Oath is the more troublesome because the Articles are so many and variable according to the varietie of Ordinaries of Times of Diocesses For sometime one and the same Ordinaries doe differ in their owne Articles The custome also of mens swearing and forswearing themselues herein maketh them the readier to periure themselues in other matters To this point of the Oath Ex officio especially ministred vnto Churchwardens may be referred all such Articles as concern matters not belonging to Ecclesiasticall Courts Such is the Article for not paying rates to the Poore The which notwithstanding some Ecclesiasticall Iudges haue acknowledged not to belong to their Courts yet some poore men being presented by vertue of that Oath for not paying haue beene much molested and at the last also excommunicated The like may be said of some other Articles throughly examined Against Witches Against those that are called good Witches some order to be taken were the better because by ignorant and irreligious people they are not shunned but rather honoured Those that are accounted euill Witches are punished but these are recompensed as if they were indeed Act. 8.10 as Simon Magus was esteemed to be in Samaria The other by the Deuil bewitch the bodies
4 the doing whereof seemeth a small matter and such as might haue admitted a good excuse so he dealt seuerely with Vzza for an act in shew of small account 2 Sam. 6.4 It is sometime better loyaltie not to yeald then to yeald obedience to the command of Princes though good and religious as appeareth by the example of Ioah before mentioned 2 Sam. 18.3 and by them that would not suffer Dauid to goe out with them to battell against Absolom Cap. 21.17 and by the answer of other vnto him after a great danger Especially by them that would not obey Saul's commandement for putting Ionathan to death 1 Sam. 14.44 euen before Saul had euer bewraied so great wickednesse as afterward he did 1 Sam. 22.17 as well as they that afterward refused his like command for killing the Lords Priests If any shall obiect such examples to disgrace our Christian King as making him like to Saul Theodor. Hist Eccl. L. 2. C. 16. he may well be answered as Liberius sometime a good Bishop of Rome now the Seat of Antichrist answered a flattering Courtier Eusebius that charged the said Liberius for alleadging the example of the three Children in Daniel to purge himselfe of singularitie in defending boldly Athanasius against the Emperour Constantius and many Bishops that he compared the said Emperour to Nebuchadnezzer No said Liberius But thou without reason dost condemne a man that hath not beene brought into Iudgement Euen so I say may all such Flatterers and pickthankes be answered that snatch at euerie aduantage against such as plead for the Innocent whereby to bring them into displeasure with their Soueraignes Neither also can it be iustly charged to be seditiously spoken to the encouragement of other Papists or Atheists not to obey iust and lawfull commands Forasmuch as by many Bookes to subscribe and conforme are shewed not to be lawfull by diuers arguments not answered nor answerable and also because the parties not subscribing and conforming doe in all other things shew all alleageance and teach all other so to doe whereas the contrarie is daily seene in Papists and Atheists as they dare and haue any opportunitie and meanes according to their mindes Do not also the parties pleaded for submit themselues to suffer any thing for their not subscribing and conforming That of Samuel Obedience is better then sacrifice 1 Sam. 15.22 is spoken of obedience to God and not of obedience vnto men as the Text plainly sheweth and it being sayd to the king himselfe euen to Saul for his transgressing the expresse commandement of God and not for transgressing any commandement of man For he being the king was not subiect to any man The premises are the more to be respected in regard of the tendernesse of conscience The tendernesse of conscience apparant by Dauids heart smiting him for cutting only of a Lap of Saul's garment and by the great griefe of Iohn Hus in remembrance of his finenesse in apparell whiles he was young and of his playing at Chesse 1 Sam. 24 6 Acts and Mon. printed 1596. p. 580. Gen. 42 2â— and also by the accusation of the consciences of the brethren of Ioseph for things done against Ioseph long after the doing of them Oh that the Prelats would seriously consider this in time towards their brethren yea also because to oppresse the conscience being well considered is worse then the demand of Nahash the Ammonite for thrusting out all the right eyes of the Inhabitants of Iabesh Gilead 1 Sam. 11.2 For if the conscience be wounded the whole mind is blinded And if Ministers be blinde how shall they giue light to their people If the light that is in them be darkenesse Matt. 6.23 how great is their darkenesse And if Ministers be so wounded in their consciences that themselues haue no comfort Pro. 18.14 for a wounded spirit who can beare how can they comfort other Oh that his excellent Maiestie in the Spirit of the Lord would be pleased and moued to relieue such Ministers vpon consideration hereof as Saul in the same spirit was moued to relieue Iabesh Gilead 1 Sam. 11.6 That fayling sometime in greater matters is not sufficient to proue smaller things not to be refrained of conscience A good conscience may fayle in greater matters and yet stick at small appeareth by David who notwithstanding he were in his minde troubled for that small matter before mentioned yet afterward many wayes sinned most grieuously against Vriah both in his adulterie and also afterward The greater also and heauier the burden of other sinnes is the more such as so feele the same haue neede to take heed of increasing their burden by any other thing 1 Thess 5.22 yea to abstaine from all appearance of euill They also that do obiect the former do most offend in greater matters themselues as against Gods Word so also against the Lawes of the Land vsing all meanes daily to hinder the proceeding of the Law against themselues and denying the benefit of the Law vnto others thereby bewraying that themselues would rule and raigne as Lords and Kings subiect to no Law and seeking to haue all other subiect to themselues like to that king that Daniel said should do according to his owne will Dan. 11.36 Neyther also do the Ministers molested plead conscience in respect of themselues only Ministers refraine conformitie in conscience to their Rulers but also in respect of their Rulers and molesters and that because to molest such is a thing more dangerous then to be molested In such things it is worse to be agents then patients Though Dauid at the first would not be disswaded from numbring the people yet how wofully and dolefully afterward did he cry out as a child beaten laying it wholly vpon himselfe 2. Sam. 24.10.17 without imputation thereof to any other Oh that such Rulers of their brethren would not be deceiued herein That which seemeth now a small thing may herafter be great and heauie A Gnat is but a small thing a flea lesse yet eyther of both doth trouble the greatest as well as the least the highest as well as the lowest Great persons haue great meanes for solacing themselues but alas who as I sayd before can beare a wounded spirit Pro. 18.14 spirit I doe further in all humilitie beseech your most Honorable Senate The innocencie of Ministers to be tryed euen by the Lawes of the Land that the innocencie of the Ministers before mentioned may be tryed not only by the Word of God but also by the Lawes of the Land and that the learned Iudges and other Lawyers may freely and at large argue their cause before his Maiestie and your Honorable Court being by an oath of the Lord first charged vpon their alleageance truly plainly and fully to deliuer their iudgements touching the Lawes of the Land in that behalfe as also by his excellent Maiestie being enboldned so
by the name of Quadragesima but wherefore I confesse I know not Secondly I doe refer to your wisedomes whether it were not fit for some mitigation of the vsuall strictnesse thereof and that some libertie might be granted for the eating of Foules as some were wont to eat of Water Foules and of Conies and some greater meats the eating whereof might not be preiudiciall to the State of the Common-wealth Because some not well able to purchase Licence to eat Flesh are of weake bodies not able to feed of Fish neither is Fish wholesome for them Neither would this hinder the preseruation of Calues and Lambes but rather further the same because there being more libertie of other things men would be the better content to forbeare them Thirdly euen touching this thing also were it not better for some libertie to be giuen to some poore men that cannot well bring vp their Calues or keepe them long especially hauing but two or three or foure and them that haue many to be more strictly tied to the bringing vp of a certaine number euerie yeere If it be obiected that the former strict obsernation of Lent is necessarie for the better maintenance of the Nauie to omit other answers that many of your Honourable Court can make to this obiection may it please you to consider whether for helpe hereof the obstinate Papists being suffered still to liue though their life may be our death and mercie shewed to them may be crueltie to the whole Land then forasmuch as they attribute such holinesse to Fish as not hauing perished in the Flood it were not verie fit for such and other Papists so remaining to be restrained all the yeere long from Flesh and to feed only of Fish I doubt not but that the restraint of them all the yeere from Flesh would be as good for maintenance of the Nauie as the restraint of all sorts only for a time And oh how holy would such Papists be by this meanes Especially if also of their owne accord they would forbeare all Fruit and all things made of Fruit Figs c. Marmalads c. Wine and Beere c. as they which also perished in the Flood Moreouer to proceed now to some other 0146 0436 V 2 marters as all in Parliament are in place of Fathers to this Kingdome Choice of Parliament men to be free and as his Maiestie in his late most gracious Proclamation forbad all choise of Knights Burgesses to be made of any Bankrupts and other greatly indebted as likewise of any suspected not to be sound in Religion and as your Parliament hath alreadie taken some order for the present in such things and ye haue most worthily acquited your selues in dismissing of some vnlawfully chosen by Letters or otherwise so all posteritie shall haue cause to blesse God for some certaine Law now to be made for preuenting of such euils for euer hereafter and for making all vncapable of any place in that High Court that shall vse any such meanes for a place None vnder age to be of the Parliament Why also should any Young men whose Sonnes soeuer be admitted into so great a Councell for making of Lawes for the whole Kingdome that cannot well gouerne themselues and that are so young as their Bils or Bonds for paiment of money are not good in Law Is it not a Iudgement threatned by the Lord viz. that be would appoint Children to be their Princes Isai 3.4 and Babes to rule ouer them If none be admitted into your Vpper House but such as are of Age except perhaps to see the order thereof and to be the fitter for future times why should any of young yeeres be otherwise admitted into the Nether House The longer these grieuances haue hitherto been tollerated the more high time it is now for them to be reformed The like may be said for preuenting of confusion in Election of Burgesses especially of Knights for your most Honorable House This euill may easily be auoided if Election be made by a kind of Scrutinie some principall wise graue and religious Knights and Gentlemen for Shieres and other for Townes being appointed to take euerie mans voice in writing and sworne first to deale faithfully therein In the former consideration oh that your Honourable Senat would be pleased to take some order for more libertie for publike priuate Fasts Publike and priuat Fasts as occasion shall require the same By Gods gracious blessing heretofore vpon such Fasts as in the yeere of the Earth-quake this last Easter one and fourtie yeeres and in the yeere 1588 and at other times we may the more desire the same now and hereafter For certainly all Gods Iudgements being well considered the securitie of all sorts in this behalfe may be well thought to be the greatest Iudgement of all other Did not Dauid command all his people to rent their Clothes to gird themselues with Sack-cloth 2 Sam. 3 3â— 38. and to mourne for Abner because a Prince and a great man was that day fallen in Israel Alas therefore that we hauing seene the fall of some of greater worth then Abner and had many other Iudgements besides should thinke of no such thing Nay rather the performance of such exercises hath been accounted as pettie Treason Many may meet and sit daies and nights eating drinking playing and being drunke and committing many outrages and yet be in no danger in no feare But woe is me that I may say so much for some to meet either to fast and pray or to helpe one another by repetition of Sermons or to confer only priuatly of such things as they haue heard publikely taught c. these meetings are accounted and condemned as conuenticles What a strange thing is it also that all other Churches of other Nations both abroad and here in our Kingdome should haue praiers and fasting for the Prince and Princesse Palatine and yet we should neglect the same that in the Bond of loiall loue to his Maiestie should be most forward in such duties Alas also that in these present great distresses and persecutions in France and in the troubles of almost all other Countreys we should neither helpe them otherwise nor in this kind Oh the Lord keepe vs from that curse before spoken of that the Angel of the Lord inioined against Meroz Iudg. 5.23 and the Inhabitants thereof Especially the Lord keepe vs from such Traitors against his Maiestie against his Princely Sonne against the Prince and Princesse Palatine and their Off-spring and against all his Maiesties Kingdomes as shall secretly and vnder-hand perswade any not only to neglect this holy dutie of fasting for them but also condemn the same altogether in these daies of the Gospel as vnlawfull and no way tolerable but to be seditious and dangerous Doubtlesse there are too many such amongst vs as vnder pretext of loialtie are most pernitious and pest ferous Traitours And such are not all they only that