granting that all authority of jurisdiction spirituall is derived from the King as supreme head of the Church of England although that title by that name be not now assumed in the stile Imperiall and that all Courts Ecclesiasticall within this Realme be kept by no other authoritie either forreine or within this Realme but by authority of the kings most excellent majestie as is averred in the sayd Preamble of King Edwards statute yet this if rightly understood would never hurt the Bishops or advantage you But my reason is because that whensoever the king grants out his Conge d' peslier for the election of a Bishop and afterwards doth passe his royall assent to the said election send his Mandate to the Metropolitan for consecration of the party which is so elected he doth withall conferre upon him a power to exercise that jurisdiction which by his consecration done by the kings especiall Mandate he hath atteined to And this may also serve for answere to your other cavill but that Bishops may not hold their courts or visitations without letters Patents from the king For were there such a law as there is no such yet were the Prelates safe enough from your Praemunire because the Royall assent to the election and Mandat for the consecration passing by broad seale as the custome is inable them once consecrated to exercise what ever jurisdiction is by the Canon incident to Episcopall power No neede of speciall letters Parents for every Act of jurisdiction as you idly dreame No more than if a man being made a Iustice of the Peace under the broad seale of England and having tooke his oath as the law requires should neede for every speciall Act some speciall warrant or any other kinde of warrant than what was given him in the generall when first made a Iustice And yet I trow the King is the immediate fountaine also of all temporall power and no man dare execute authority but from and by him Touching his Majesties supremacie more than in answere to your clamours I shall say nothing at this present as neither of this place nor purpose It is an Argument of great weight fit rather for a speciall treatise than an occasionall replication Only I will be bold to tell you that if the kings supremacy were not more truely and sincerely without any colour or dissimulation as the Canon hath it defended by my Lords the Bishops than by such as you it would be at a losse ere long and setled on the vestrie wherein you preside For wot you what King Iames replied on the like occasion When Dr. Reynolds in the Conference at Hampton Court came in unseasonably once or twice with the Kings Supremacie Dr. Reynolds quoth the King you have often spoken for my supremacie and it is well But know you any here or any elsewhere who like of the present Government Ecclesiasticall that finde fault or dislike with my supremacie And shortly after putting his hand unto his hat his Matie sayd My Lords the Bishops I may thanke you that these men doe thus pleade for my Supremacie They thinke they cannot make their party good against you but by appealing unto it as if you or some that adhere unto you were not well affected towards it But if once you were out and they in place I know what would become of my supremacie No Bishop no King as before I sayd How like you this Mass Burton is not this your case Mutato nomine de ie fabula narratur You plead indeed for the Kings supremacie but intend your owne The next great crime you have to charge upon the Bishops is that they doe oppresse the kings Leige people against law and conscience How so Because as you informe us Prohibitions are not got so easily from the Courts of Iustice as they have beene formerly and being gotten finde not such entertainement and obedience as before they did This you conceive to be their fault and charge them that by stopping the ordinary course of law the Kings people are cut off from the benefit of the Kings good lawes so as it is become very geason and a rare matter to obteine a Prohibition against their illegall practises in vexing and oppressing the kings good subjects Nay they are growne so formidable of late as if they were some new generation of Giants that the very motion of a Prohibition against a Prelate or their proceedings in the high Commission makes the Courts of Iustice startle so as good causes are lost and Innocents condemned because none dare pleade and judge their cause according to the Kings Lawes whereby wee ought all to be governed p. 69.70 My Masters of the Law and my Lords the Iudges will conne you little thankes for so soule a slander greater then which cannot be laid on the profession or the Courts of Iustice What none dare pleade nor none dare judge according to the Lawes So you say indeed And more then so in your addresse unto the Iudges What meane's say you that difficulty of obtaining prohibitions now adayes whereby the Kings innocent Subjects you are an innocent indeed God helpe you should be relieved against their unjust molestations and oppressions in the Ecclesiastical Courts and high Commission What meaneth that consternation of spirit among Lawyers that few or none can be found to pleade a cause be it never so just against an oppressing Prelate and are either menaced or imprisoned if they doe p. 29. Hoc est quod palles Is this the thing that so offends you that prohibitions are restrained or not sent out so frequently from the Courts of Law as of late they were to the diminishing if not annulling the authority of the Court Christian I trow you are the onely Clergie-man that complaines of this Or if there be more such they be such as you who onely make a property of the civill Courts by them to scape their censures in the Ecclesiasticall Were you so innocent as you would have us thinke you rather should rejoyce for the Churches sake that Prohibitions flie not out so thicke as they have done formely to the great oppression of the Clergie in their suites and businesses especially in those which did concerne the Patrimony of the Church their tithes And if my Lords the Iudges are with more difficulty mooved to send abroad their Prohibitions then were their predecessours in the place before them it is a pregnant evidence of their great love to justice Nor can it but be counted an honour to them to leave every Court to that which is proper to it and for the which it was established And God forbid the Church should aske or doe any thing that should incroach upon them or invade any of their rights What doth this greeve your conscience also Good Sir consider with your selfe what mischiefes Clergie-men were put to when they could scarce commence a suite but prohibitione cautio est a Prohibition was sent out to stop the course of his proceedings
the act it selfe to be invested in the Queene the said Episcopall authority remaining as it did and standing on the selfe same grounds as it had done formerly Which said the last part of the Argument touching the oath of supremacie taken and to be taken by every Bishop that 's already answered in the Premisses the said oath being onely framed for the abolishment of all forreine and extraordinary power not for the altering of the ordinary and domesticall jurisdiction if I so may call it in this Church established I hope the Prelates are now out of danger of the Premunire which you threatned them though you not out of danger of the Locrian law And if K. Edward the 6. helpe you not I know no remedie but that according to your owne conditions the executioner may be sent for to doe his office Now for K. Edward the 6. the case stood thus King Edward being a Minor about nine yeares old at his first comming to the crowne there was much heaving at the Church by some great men which were about him who purposed to inrich themselves with the spoyles thereof For the effecting of which purpose it was thought expedient to lessen the authoritie of those Bishops which were then in place and make all those that were to come the more obnoxious to the Court upon this ground there passed a statute 1 0 of this King consisting of two principall branches whereof the first tooke off all manner of elections and writs of Conge d'peslier formerly in use the other did if not take off yet very much abate the edge of Ecclesiasticall censures In the first branch it was enacted that from thenceforth no writ of Conge d' peslier be granted nor election of any Archbishop or Bishop by Deane and Chapter made but that the king may by his letters Patents at all times when any Arch-bishopricke or Bishopricke is voyde conferre the same on any whom the king shall thinke meete The second clause concerned the manner of proceeding from that time to be used in spirituall courts viz. that all summons Citations and other processe Ecclesiasticall in all suites and causes of instance and all causes of correction and all causes of bastardie or bigamie or de jure patronatus Probates of Testaments and Commissions of administrations of persons deceased c. be made with in the name and with the stile of the king as it is in writs Originall or Iudiciall at the Common Law c. As also that no manner of person or persons who hath the exercise of Ecclesiasticall jurisdiction use other seale of jurisdiction but wherein his majesties Armes bee ingraven c. on penaltie of running in his Majesties displeasure and indignation and suffering imprisonment at his will and pleasure The reason of this order is thus delivered in the Preamble To the second branch viz. because that all authoritie of jurisdiction spirituall and temporall is derived and deducted from the kings Majestie as supreame head of these Churches and Realmes of England and Ireland c. and that all Courts Ecclesiasticall within the said two realmes bee kept by no other power or authoritie either forreine or within the Realme but by the authoritie of the kings most excellent Majestie Which Act with every branch and clause thereof was afterwards repealed 1 of Queene Marie cap. 2. and hath stood so repealed to this very time For howsoever you pretend and all your fellow libellers insist upon it that the said statute was revived in the first yeare of K. Iames of blessed memorie and therefore that you are yet safe from the Locrian law yet this pretence will little helpe you That their assertion or pretences if examined rightly will proove to be a very poore surmise invented onely by such boutefeus as you and your Accomplices to draw the Prelates into obloquy with the common people and make your Proselytes beleeve that they usurpe a power peculiar to his sacred Majestie it being positively delivered by my Lords the Iudges with an unanimous consent and so declared by my Lords chiefe Iustices in the Starre-chamber the 14 of May now last past that the sayd Act of Repeale 1 of Queene Mary doth still stand in force as unto that particular statute by you so much pressed your desperate clamours unto the contrary notwithstanding Nor doth there want good reason why the said Statute of K. Edward was at first repealed or why the said Repeale should bee still in force For being it was enacted in that Statute that from thenceforth all Ecclesiasticall processe should bee made in the kings name and stile not onely in all suites or causes of instance bastardy bigamie Probates of Testaments c. which have much in them of a civill or a mixt nature at the lest but in all causes of correction also it came to passe that excommunication and other censures of the Church which are spirituall meerely in no sort civill were therby either quite abolished or of none effect And it continued so all King Edwards reigne to the no small increase of vice because it nourished a presumption of impunitie in the vicious person This Father Latimer complaineth of in his sermon preached before that King at Westminster Anno 1550. thus Lecherie is used throughout England and such Lechery as is used in none other place of the world And yet it is made a matter of sport a matter of nothing a laughing matter and a trifle not to be passed on nor reformed c. Well I trust it will one day be amended c. And here I will make a suite to your highnesse to restore unto the Church the discipline of Christ in excommunicating such as be notable offenders nor never devise any other way For no man is able to devise any better way than that God hath done with excommunication to put them from the congregation till they bee confounded Therefore restore Christs discipline for excommunication And that shall be a meane both to pacifie Gods wrath and indignation and also that lesse abomination shall be used than in times past hath beene and is at this day I speake this of a Conscience and I meane to move it of a will to your Grace and your Realme Bring into the Church of England open discipline of Excommunication that open sinnes may be stricken withall So farre Father Latimer What thinke you sir of this See you not reason for it now why your sayd Statute was repealed and why the sayd repeale should continue still Put all that hath beene sayd together and I can see no hopes you have to scape the penaltie of the Law by your selfe proposed but that you cry peccavi and repent your follies So farre in answere to your Cavils for Arguments I cannot call them I have beene bold to justifie the proceedings of the Bishops in their Courts Episcopall wherein there is not any thing that they usurpe upon the King or that authoritie which is inseparably annexed to the Regall diademe For
commanded fire from heaven to have burnt them all or sent them further off with a noli me tangere But caught or not caught all was one For though it was no time to move the Court for a Prohibition being out of Terme yet he bethought himselfe of another way to elude his Judges and that was by a strange Appeale being neither a gravamine nor a sententia to decline that Court and put the cause immediately into his Majesties hands where he might be he thought both a defendant and complainant as he saith himselfe p. 1. of the Apologie A fine invention doubtlesse but more sine then fortunate For on a new Contempt as himselfe informes us he was suspended by the high-Commissioners both from his Benefice and Office and the suspension published as he now complaines in his own Parish Church to his intolerable disgrace and scandall Indignum facinus Therfore that all the World might knowted and on what suspended Lo a necessitie so he saith is laid upon him as formerly to Preach now to Print his Sermon for Sermon he will have it called whosoever saith nay And printed at the last it was as before was said and therewithall was printed also an Apologie for the said Appeale with severall addresses to the Kings most Excellent Majestie to all the true-hearted Nobilitie of His Majesties most honorable Privie Counsell and to the Reverend and Learned Judges the Copies of them both being spread abroad for the greater consolation of the Brethren 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 here and there dispersed like Simeon and Levi brethren in evill in the tribes of Israel This is the substance of the storie which I have here laid downe together by way of preface that with lesse interruption I might ply the Argument presented to us both in the Sermon and Apologie For howsoever neither of them be considerable in regard of the Author who since his being thrust out of the Court hath beene an open and professed enemie of the Publicke Government yet in relation to the Church and Rulers of it whom he endeavoureth to expose to the common hatred and next in reference to the people whom he hath laboured to possesse with false and sinister conceits of the present state it hath beene thought convenient by authority that an Answer should be made unto them The preservation of Religion is a thing so Sacred that we cannot prize it to the height and therefore they that labour to preserve it are of all men the most to be esteemed and honoured Proximus diis habetur per quem deorum majestas vindicatur as the Historian rightly noted So that wee cannot blame poore men if they are startled and affrighted at those scandalous rumors which are diffused and spread amongst them to make them think that Religion is in no small danger or if they hold a Reverend esteeme of those who seeme to them to have a principall care thereof and the safety of it Onely they are to be admonished not to be too credulous in matters of so high a nature till they are throughly certified of the trueth thereof that they conceive not ill of the Church their mother upon the light and false reports of every male contented spirit or thinke them Champions of Religion who are indeed the bane and disturbers of it That Faction in the Church which Mast Burton and his Copesmates have so much laboured to promote hath since the first beginning of it accused the Church of England of the selfe same crimes whereof they now pronounce her guilty nor haue they found any new matter wherewithall to charge her than that which their fore-fathers had beene hammering on in the times before them yet they cry out with no lesse violence but farre more malice than their fathers did and fill the minds of iealous and distrustfull people with doubts and feares of innovations of and in the worship of God the whole doctrine of Religion as if the bankes were broken downe and Popery were breaking in a maine upon us onely because they can no longer be permitted to violate all the orders of Gods Church here by Law established The Papists and these men how different soever they may seeme to bee in other matters have as it were by joynt consent agreed in this to charge this Church with novelties and innovations the one especially in the poynts of Doctrine the other principally in matters of exteriour order the service of God But as we say unto the one that in the reformation of this Church we introduced no novelties into the same but onely laboured to reduce her to that estate and quality wherin she was in her originall beauty and the Primitive times so may we say unto the other that all those Innovations which they have charged upon the Church in their scandalous Pamphlets are but a restitution of those ancient orders which were established heere at that Reformation This that the world might see and see how scandalously and seditiously they traduce the Church I was commanded by authority to returne an Answer to all the challenges and charges in the said two Sermons and Apology of Master Burton For being it was the leading Libell in respect of time the principall matters in the Newes from Ipswich being borrowed from Master Burtons Sermon and that those many which have followed are but a repetition of and a dilating on those poynts which are there conteined it was conceived that bee being answered the rest would perish of themselves On this command I set my selfe unto the Work and though I knew no credit could bee gotten from such an Adversary Vbi vincere inglorium est atteri sordidum and that there are a sort of men who hate to be reformed in the Psalmists Language yet being so commanded I obeyed accordingly cannot but account it an especiall honour to mee to bee commanded any thing in the Churches service Besides J could not but be grieved to see my dearest Mother traduced so fowly in things whereof I knew her guiltlesse and it had argued in mee a great want of Piety not to have undertaken her defence herein being called unto it From which two great and grievous crimes defect of piety and true affection to the Church our mother and disobedience to the commands and orders of the higher powers no lesse than from the Plague and Pestilence good Lord deliver us Having thus rendred an account both of the reasons why the Sermon and Apology of Master Burton have been thought worthy of an Answer and why for my part J have undertaken a Reply unto him I must now settle close unto the businesse beginning first with the Apology so farre forth as it justifieth his said Appeale and leaving those particulars which he doth charge upon the Prelates to be considered of more fully in due place and time CHAP. I. Containing a particular answere to the severall Cavills of H. B. in defence of his Appeale Appeales unto His Majestie in what case
admitted The high Commissioners neither parties in the cause nor Adversaries to the Person of the Appellant The Bishops no usurpers of the Jurisdiction belonging to the King The Oath of Supremacie not derogatorie to Episcopall power Objections against the Oath Ex Officio with an answere to them Other objections against the Proceedings in the high-Commission answered Of giving forth a Copie of ones Sermon upon Oath Sedition how it may be punishable in the High Commission Archbishop Whitgifts name abused and his words mis-reported by H. B. HItherto Mass Burton wee have laid you open by the way of an Historicall narration though all Historicall narrations be offensive to you for the sake of one and consequently spake only of you in the third Person as hic et ille But being now employed in the Examiners Office I must deale with you as if Coram in the second Person which I perswade my self will better sort with your ambition the second Person if you remember so much of your Accidens being more worthy then the third And first I would faine know what mooved you to appeale unto His Majestie at your first conventing before you had just grievance or an unjust sentence Your conscience sure accused you and pronounced you guiltie and told you what you should expect in a legall triall and on the other side your presumption flattered you that being an Old Courtier though worn out of favour you might have some friend there to promote your suite Sir you forget it seemes what is related in the conference at Hampion Court in the self same case My L. of London moved his M tie that then was K. James of B. memory that Pulpits might not be made Pasquils Pray sir mark this well wherin every humorous or discontented fellow might traduce his Superiors This the King very gratiously accepted exceedingly reproving that as a lewd custom threatning that if he should but heare of such a one in a Pulpit He would make him an example this is just your case And that if any thing were amisse in the Church Officers not to make the Pulpit a place of personall reproofe but to let His Majestie heare of it yet by degrees First let complaint be made unto the Ordinarie of the place from him to goe to the Archbishop from him to the Lords of the Counsell and from them if in all these places no remedie is found to his own self which Caveat His Majestie put in for that the Bp. of London had told him that if he left himself open to admit of all complaints neither His Majestie should ever be quiet nor his under Officers regarded seeing that now already no fault can be censured but presently the delinquent threatneth a complaint to the King Here is a long gradation and that after censure but you will venter on the King per saltem not by faire degrees and that not only before censure but before any grievance to be complained of The King would quickly have his hands full were that course allowed of and wee must needs conceive him God as well by nature as resemblance it being impossible he should have any spare time left either to eare sleepe or refresh his Spirits or whatsoever other businesse doth concern this life or shew him mortall But wee must needs conceive there was some speciall reason in it which might induce you to cry out before you were hurt more then the matter of the Articles which were read vnto you or your own guiltie conscience which had precondemned you Yes sure for you except against as well the incompetencie of the Judges as the illegall manner of proceedings in the high Commission The Judges you except against excepting those honorable Nobles Judges Counsellers of state which are seldome there as parties in the cause and adversaries to your person for the causes sake p. 6. parties because you have traduced them for Innovators and Adversaries for the reasons which hereafter follow Suppose them parties and what then Then by the Lawes of God and nature as also by the Common Canon and Civill Lawes they are prohibited from being Judges This is the first Crutch your Appeale halts with and this will faile you For howsoever it be true in ordinary course that no man can be Judge in his own cause there where the cause concernes himself in his own particular yet it is otherwise in a body aggregate or a publick person Suppose in time of Parliament a man should taxe that great assembly with some grievous crime should the whole body be disabled from proceeding with him Or that a man should raise some odious scandall on my Lords the Judges should he escape unpunished because there is none else to judge him Or that some sawcie fellow behaves himself audaciously and Contra bonos more 's before the Justices on the bench at their Quarter Sessions should not the Bench have power to bind him to his good behaviour Or that a man within the Liberties of London should say a fig for my Lord Major might not my Lord Major clap him in the Counter And yet the Parliament and the Judges and the Justices and the Lord Major of London are asmuch parties in these cases as the Arch-Bishops Bishops Chancellors and the rest of the High Commission are by you said and only said to be in the other For that they are not parties wee shall see anon when wee shall come to cleere them of those imputations which in a furious zeal you have laid upon them That which you next attempt is to prove them Adversaries and Adversaries to your person for the causes sake Good Sir what see you in your self that you should think such great and eminent men should beare malice to you Tullie a wiser man then you and a better Orator as I take it and in more credit with the common people though you grieve to heare it might have taught you better Non video nec in vita nec in gratia nec in hac mea mediocritate quid despicere possit Antonius Was it not you sweet Sir that did Protest thus roundly of my LL. the Bishops I speake not this God is my witnesse out of any base envy to their Lordly honor and pompe which is so far beneath my envy Poore soul are those great persons and their honors beneath your envie and is your person a fit marke for theirs Diogenes and your self two magnanimious Cynicks You know the story wel enough and can best applie it Calco Platonis fastum sed mafore fastu Yea but they are the Adversaries of your person for the causes sake Say then the Adversaries of the cause let your person goe as a contemptible thing that provokes no Adversary Yet wee will take you with us to avoid exceptions and see what proofe you have to make them Adversaries to your person for the causes sake And first they are your Adversaries because the Adversaries of those trueths by you delivered in
Acts of Court I see no cause at all why you should demand them For having at the first declined the judgement of that Court by the refusall of the oath and your said Appeale and afterwards contemptuously neglected your appearance on the second summons what cause had you to expect any favour from them or to consult those Acts which you cared not for Especially considering you continued still in your disobedience and desired the Articles not to answer to them but thereby as you say your selfe to perfect your Appeale or rather as it may be thought to scatter them abroad in imperfect copies with such false answers to them as you pleased to make Your selfe and such as you have long used the art of getting the first start upon mens affections non ignari instandum famae prout prima successerint fore vniversa But come we now unto the maine of your Appeale in reference to the illegality of proceedings in your owne particular for all that hath beene answered hitherto was but the vantage as it were which you cast in out of your abundance to make up the reckoning It is pretended that being charged with sedition you were not bound to answer to it And why Because sedition is no ecclesiasticall offence against the Church but a civill against the King and State and therefore to be tried onely in his Majesties Courts of Civill Iustice and not before the High Commissioners who have no cognizance thereof Your Enthimeme doth halt extreamely For there are many matters punishable in either jurisdiction which since you are ignorant I will name you some Vsury contrary to the statute 21. Iac. c. 17. is punishable at the Common-law and it is also punishable in the Court Christian as in the 109. Canon The selfe same Canon reckoneth drunkennesse and swearing as punishable by the Ordinary upon presentment and yet are punishable by the Civill Magistrate by vertue of two severall statutes viz. 4. Iac. 5.21 Iac. and 21. Iac. 20. So for prohibited either workes or recreations on the Lords day the parties so offending are by the Statute 1 Car. c. 1. 3. Car. c. 1. to be convented and corrected by the Iustices of the Peace and yet there is a salvo there for the Ecclesiasticall jurisdiction to proceed as formerly All persons that offend against the Statute 1. Eliz. c. 2. either in depraving the Booke of Common prayer or else not using it as they ought to doe or using any other forme of prayer N. B. then is there prescribed c. are punishable either by enditement at the Common-law or by the censures of the Church According as complaint is first made unto either Court I could informe you of many such particulars were it convenient So that you see your proposition is not true in that full latitude wherein you propound iâ— viz. because sedition is to be tryed in the Courts of civill Iustice therefore in you and as it was an offence by you committed it was not to be censured in the High Commission For Sir I hope you can distinguish betweene sedition in the field or in the Market-place and a seditious Sermon for Sermon I must call it for feare of angring you in the Church or Pulpit Had you behaved your selfe seditiously in any other place no better dealing with you then by the Constable first and so on But if you preach seditiously and make the House and Ordinance of God onely a Pandar to your discontent or your ambition I hope my Lords the Iudges will not be offended if your Superiours in the Lord doe chastise you for it yet this at last you make a just gravamen upon the which you might appeale But had you thought indeed as you say you doe that the Ecclesiasticall Commssioners could take no cognizance of the crime objected to you you might with better hopes have labored for a prohibition as formerly you did upon weaker grounds then runne your selfe so hastily on a new experiment of making an Appeale when you were not grieved Lastly you pleade that being the matter charged upon you was Sedition and so if true your life might have beene called in question you were not bound to take the oath propounded to you and this you ground upon a Passage of Arch-Bishop Whitgift in the conference at Hampton Court saying as you report his words that in matter of life liberty and scandall it is not the course of that Court to require any such oath wherein you doe most shamelessely misreport the words of the said Arch-Bishop All that he said is this which will helpe you little viz. If any Article did touch the party any way either for life liberty or scandall he might refuse to answer neither was he urged thereunto He doth not say as you make him say that in those cases there recited it was not the course of that Court to require any such oath but that the party might refuse to answer to those Articles which did so concerne him It is the custome of the Court to give an oath unto the party to answer truely to such Articles as shall be propounded and the indulgence of the Court at the examination that if the party will he may chalenge any of them as not being bound by law to answer to them and his refusall if the law binde him not to answer is to be allowed You might then subtile Sir have tooke the oath and yet demurred on any such Article when you came unto it And so farre we have traced you in your Apologie wherein is nothing to be found but poore surmises which being proved onely by an Aio might have beene answered with a Nego but that I am resolved to dissect you throughly and lay you open to the world which hath so long beene seduced by you CHAP. II. The Kings authority restrained and the obedience of the subject limited within narrow bounds by H. B. with the removall of those bounds The title of the Sermon scanned and the whole divided H. B. offended with the unlimited power of Kings the bounds by him prescribed to the power of Kings both dangerous and doubtfull The power of Kings how amplified by Iewes Christians Heathens What the King cannot doe and what power is not in him by Mass Burtons doctrine The Positive Lawes of the Realme conferre no power upon the King nor confirme none to him The whole obedience of the subject restrained by H. B. to the Lawes of the Realme and grounded on the mutuall stipulation betweene King and people The dangerous sequells of that doctrine A Pravis ad praecipitia Wee are on the declining hand out of the Hall into the Kitchin from an Apologie that was full of weakenesse unto a Sermon or rather a Pasquill farre more full of wickednesse yet were we guided either by the Text or Title we might perswade our selves there were no such matter nothing but piety and zeale and whatsoever a faire shew can promise But for the
to dispute but to disobey the Kings commands Now Sir I pray you what are you or by what spirit are you guided that you should finde your selfe agreeved at unlimited power which some of better understanding then your selfe have given to Kings or thinke it any Innovation in point of doctrine in case the doctrine of obedience to our superiours bee pressed more home of late then it hath beene formerly Surely you have lately studied Buchannan dejure regni or the vindiciae writ by Beza under the name of Iunius Brutus or else perhaps you went no further then Paraeus where the inferiour Magistrates or Calvin where the three estates have an authority to controule and correct the King And should the King be limited within those narrow bounds which you would prescribe him had you power he would in little time be like the antient Kings of Sparta in which the Ephori or the now Duke of Venice in which the Senate beare the greatest stroke himselfe meane time being a bare sound and an emptie name Stet magni nominis umbra in the Poets language Already you have layd such grounds by which each private man may not alone dispute but disobey the Kings commandements For if the Subject shall conceive that the Kings command is contrary to Gods word though indeede it be not or to the fundamentall lawes of state although hee cannot tell which be fundamentall or if he finde no precedent of the like commands in holy Scripture which you have made to be the onely rule of conscience in all these cases it is lawfull not to yeeld obedience Your selfe have given us one case in your Margin pag. 77. we will put the other Your reprehension is of those that so advance mans ordinances and commandements as though they be contrary to Gods Law and the fundamentall lawes of state yet presse men to obedience to them your instance is of one which was shrewdly threatned how true that is we meane to tell the world hereafter for refusing to doe that which was not agreeable to the word of God viz. for refusing to read the booke of sports as you declare it in the Margin pag. 26. whether you referre us So then the case is this The King permits his people honest recreations on the Lords day according as had beene accustomed till you and your accomplices had cryed it downe with order to the Bishops to see his declaration published in the Churches of their severall diocesses respectively This publication you conceive to bee repugnant to Gods word though none but a few factious spirits ever so conceived it and that your doctrine of the Sabbath be contrary to all antiquity and moderne Churches and therefore by your rule they doe very well that refuse to publish it It 's true indeed in things that are directly contrary to the law of God such as carry in them a plaine and manifest impietie there is no question to be made but it is better to obey God then man But when the matter chiefly resteth either in misapplying or misunderstanding the word of God a fault too incideÌ„t to ignorant unstable men to none more then to your disciples their teachers too or that the word of God be made a property like the Pharisees Corban to justifie your disobedience unto Kings and Princes your rule is then as false as your action faulty So for your second limitation that 's but little better and leaves a starting hole to malicious persons from whence to worke on the affections of the common people For put the case the King in necessary and emergent causes touching the safety of his empire demand the present ayde of all his subjects and any Tribunitian spirit should informe them that this demand is contrary unto the fundamentall lawes of state according to your rule the subject is not bound to obey the king nay he might refuse it although the busines doth concerne especially his owne preservation But your third limitation that of conscience is the worst of all For where you make the word of God to be the onely rule of conscience you doe thereby conclude expressely that neither Ecclesiasticall or Civill ordinances doe binde the conscience and therein overthrow the Apostles doctrine who would have Every soule be subject to the higher powers not for wrath onely but for conscience sake So that in case the king command us any thing for which we finde not some plaine precept or particular warrant in the word of God as if the King command all Lecturers to read the service of the Church in their â—oodes and surplices before their Lectures such his command is plainely against conscience at least the Lecturers are not bound in conscience to submit unto it because there is no speciall precept for it in holy Scripture And certainely this plea of conscience is the most dangerous buckler against authoritie which in these latter ages hath beene taken up So dangerous that were the plea allowed and all the judgements of the king in banco permitted to bee scanned and traversed in this Court of Conscience there were a present end of all obedience Si ubi jubeantur quaerere singulis liceat peunte obsequio imperium etiam intercidit as he in Tacitus If every man had leave to cast in his scruple the balance of authority would be soone weighed downe Yet since you are so much agreived at the unlimited power which some gives to Kings will you be pleased to know that Kings doe hold their crownes by no other Tenure than Dei gratia and that what ever power they have they have from God by whom Kings reigne and Princes decree justice So say the Constitutions ascribed to Clements 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So Irenaeus also an antient father Cujus jussu homines nascuntur ejus jussu reges constituuntur And Porphyrie remembreth it amongst the Tenets of the Essees a Iewish Sect 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that no man ever did beare rule but by Gods appointment Holding then what they have from God whose deputies they are and of whose power they are partakers how and by whom doe you conceive they should be limited doubtlesse you meane to say by the lawes of the Land But then if question be demanded who first made those lawes you must needes answere also the kings themselves So that in case the kings in some particulars had not prescribed limits unto themselves and bound their owne hands as it were to enlarge the peoples neither the people nor any lawes by them enacted could have done it Besides the law of Monarchie is founded on the Law of nature not on positive lawes and positive lawes I trow are of no such efficacie as to annihilate any thing which hath its being and originall in the law of nature Hence is it that all soveraigne Princes in themselves are above the lawes as Princes are considered in abstracto and extent of power and how farre that extent will
Declarations and the former practise and thereunto the increase of the Plague imputed His Majesties Chappell paralleld with Nebuchadnezars golden Image and Julian the Apostates Altar H. B. incourageth disobedient persons and makes an odious supposition about setting up Masse in the Kings Chappell FRom your restraint and curtailling of the Kings authoritie proceed wee to your censure of His Actions and Declarations which wee have separated from the other because in this wee have some intermixture of your invectives against the Bishops your scandalous clamours against whom in reference to their place and persons are to follow next And first wee will begin with the Petition of Right as having some resemblance to the former point on which you please to play the Commentator and spoile a good text with a factious glosse It pleased His Majestie being Petitioned amongst other things in Parliament 1628 that no Free-man and not a Free Subject as you phrase it should be imprisoned or detained without cause shewed and being brought to answere by due course of Law to passe His Royall assent to the said Petition What Comment do you make thereon That no man is to be imprisoned if hee offer bayle p. 52. You do indeed resolve it so in your own case too and fall exceeding fowle on His Sacred Majestie because your Comment or Interpretation could not be allowed of Now your case was thus During that Session you had printed a seditious Pamphlet as all yours are entituled Babell no Bethel tending to incense the Commons against the King for which being called before the High Commission order was made for your commitment And when you offered bayle it was refused you say by my Lord of London that then was affirming that the King had given expresse charge that no bayle should be taken for you That thereupon you claimed the right and Privilege of a Subject according to the Petition of Right but notwithstanding your said claime were sent to Prison and there kept Twelve dayes and after brought into the High Commission This is the case as you relate it p. 52. and 53. And hereupon you do referre it unto the consideration of the sagest whether that which he fathered on the King were not a most dangerous and seditious speech tending to possesse the by-standers and consequently all the people of the land with a sinister opinion of the Kings Justice and Constancy in keeping His solemne Covenant made with His people as in that Petition of Right And you have noted it in the margin p. 53. for a most impious and disgracefull speech to bring the people into an hard conceit of His Majestie who but a little before had signed the Petition of Right This is yet pressed againe both in the same and the next page as also in your addresse unto the Judges as if the King had violated His solemne promise made unto the people and beare down all the rights and liberties of the Subject mentioned in the said Petition by suffering or appointing a Seditious Phamphletter to be sent to prison without bayle But tell me Sir I pray you for I know not yet how you could plead the benefit of that Petition or how it could advantage you in the smallest measure It was petitioned that no Subject being a Free-man should be committed to the prison without cause shewed and being brought to answere in due course of Law Tell me of all loves how doth this concerne you or how can you complaine of being imprisoned contrary to His Majesties answere unto that Petition the cause of your commitment being shewne unto you which was that Booke of yours formerly mentioned and you being brought to answere in the High Commission according to due forme of Law as your selfe informe us Here was no matter of complaint but that you have a mind to traduce His Majestie as if he had no care of His Oathes and promises more of which treacherous Art to amate the people wee shall see hereafter Besides Sir you may please to know that your case was not altogether such as those which were complained of in the said Petition there being alwayes a great difference made between a man committed on an Ecclesiasticall and a Civill crime And I will tell you somewhat which reflects this way It appeares in the Diarie of the Parliament 4. H. 4. what time the Statute 28. Edw. 3. mentioned in the Petition which you call of right was in force and practise how that the Commons exhibited a Petion that Lollards arrested by the Statute 2· H. 4. should be bayled and that none should arrest but the Sheriffe and other lawfull Officers and that the King did answer to it Le Roys ' advisera This I am bold to let you know take it as you please Next for His Majesties Declarations you deale with Him in them as in the Petition if not somwhat worse His Majestie finding by good tokens that some such wretched instrument as your selfe had spread a jealousie amongst the Commons in that Parliament that there was no small feare of an Innovation in Religion as also that by the intemperate handling of some unnecessary questions a faction might arise both in the Church Commonwealth thought fit to manifest himself in two Declarations Of these the first related unto the Articles of Religion in this Church established wherein His Majestie hath commanded that in those curious and unhappy differences which were then on foote no man should put his owne sense or Comment to be the meaning of the Article but take it in the literall and Grammaticall sense shutting up those disputes in Gods promises as they be generally set forth to us in holy Scriptures and the generall meaning of the Articles according to them The second did containe the causes which moved His Majestie to dissolve the Parliament Anno 1628. wherin his Majestie protesteth that he will never give way to the authorising of any thing wherby any Innnovation may steale or creepe into the Church but preserve that unitie of Doctrine and Discipline established in the time of Queene Elizabeth So farre his Majestie And those his Majesties Declarations are by you either peevishly perverted in defence of your disobedience or factiously retorted on his Majestie as if not observed or scandalously interpreted as if intended principally to the suppression of Gods trueth I will begin first with that particular mentioned last of which you tel us plainly that Contzen the Jesuite in his Politicks prescribes this rule of silencing Controversies as an excellent way for the restoring of their Roman Catholik Religion in the Reformed Churches p. 114. As also from the Centuries that the Authors of corruptions and errours do labour to compose all differences with an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or silencing of all Disputes that by such counsells the Emperor Anastasius being a favourer of the Arian heresy was moved to burie the principall heads of Controversie in an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and finally that the Arian Bishops
hath declaimed against them Regâ—um est cum bene feceris male audire And it is very well observed by our incomparable Hooker to be the lot of all that deale in publicke affaires whether of Church or Commonwealth that what men list to surmise of their doings be it good or ill they must before hand patiently arme their mindes to endure Besides being placed on high as a watch-tower they know full well how many an envious eie will be cast upon them especially amongst such men as brother B. to whom great eminences are farre more dreadfull then great vices and a good name as dangerous as a bad Sinistra erga eminentes interpretatio nec minus periculum ex magna fama quam ex mala And herein they may comfort and rejoyce their hearts that whatsoever sinister and malicious censures are now passed upon them yet there will one day come a time in which all hearts shall be open all desires made knowne and when no counsels shall be hid and then the Lord shall make it knowne who were indeed on his side and who against him In the meane time suspence of censure and exercise of charity were farre more sit and seemely for a Christian man then the pursuite of those uncharitable and most impious courses whereby you goe about to bring the Church of God and the Rulers of it into discredit and contempt I know assuredly how gloriously soever you conceive of your owne deere selfe that you are no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 no searcher of the heart nor no discerner of the spirits And therefore I am bold to tell you what I have learned from Venerable Bede viz. ut ea facta quae dubium est quo animo fiant in meliorem partem interpretemur that all mens actions whereof we know not the intent should be interpreted to the better How much the rather should this rule be in use amongst us in points of counsell the hearts of Kings for he hath had his share in the declamation being unsearchable in themselves and unseene to us the resolutions of the Church grounded on just and weighty reasons being to be obeyed and not disputed much lesse rashly censured This counsell if it come too late to you may yet come soone enough to others and to them I leave it CHAP. V. An Answer to the quarrells of H. B. against the Bishops in reference to their Iurisdiction and Episcopall government H.B. endites the Bishops in a Premunire for exercising such a jurisdiction as is not warrantable by the Lawes The Bishops not in danger of any Statute made by King Henry the eight The true intention of the Statute 1. Eliz. c. 1. The Court of High-Commission in the same established The Statute 1. Ed. 6. c. 2. on what ground enacted repealed by Qu. Mary and so still continueth The use of excommunication taken away by that statute of King Edward A finall answer to the cavills about the exercise of Episcopall jurisdiction Why H. B. and the Brethren doe seeme to pleade so hard for the Kings supremacie the Bishops chalenged for oppressing the Kings leige people the Iudges for not sending out their Prohibitions to reteine them H. B. the onely Clergie man that stands for Prohibitions King Iames his order in that case The quality of their offence who are suspended by their ordinaries for not publishing the book for sports The Bishops charged with persecuting Gods faithfull Ministers and how deservedly HAving made knowne your good affections unto the calling and the persons we must now see what you have to say against the proceedings of the Bishops in their place and calling For sure you would not have it thought that you have lifted up your voyce so like a Trumpet to startle and awaken the drowzie world and that there was no cause to provoke you to it No there was cause enough you say such as no pure and pious soule could endure with patience their whole behaviour both in the consistory and the Church being so unwarrantable For in their consistory they usurpe a power peculiar to the supreme majestie and grievously oppresse the subject against law and conscience and â—n the Church they have indeavoured to erect a throne for Antichrist obtruded on it many a dangerous innovation and furiously persecuted the Lords faithfull servants for not submitting thereunâ—o Therefore no wonder to be made if being called forth by Christ who hath found you faithfull to stand in his cause and witnesse it unto the world you persecute the Prelacie with fire and halter and charge them with those usurpations oppressions innovations and persecutions which you have brought in readinesse to make good against them hoping in very little time to see their honour in the dust and the whole government of the Church committed to the holy Elders whereof you are chiefe In case you cannot prove what you undertake you are contented to submit to the old Law amongst the Locrians let the Executioner do his office I take you at your word and expect your evidence first that the Prelates have usurped a power peculiar to his sacred Majestie which is the first part of your charge How prove you that Marry say you because of sundry statutes as in King Henry the eight King Edward the sixt and Queene Elizabeths time which doe annex all Ecclesiasticall jurisdiction unto the Crowne of England so as no Prelate or other person hath any power to visit Ecclesiasticall persons c. but he must have it immediatly from the King and confirmed by Letters Patents under the great Seale of England pag. 68. So farre the tenor of the Law if you tell us true or rather if your learned Counsell rightly informed Dr. Bastwicke in it from whose mouth you tooke it Now for the practise of our Prelates you tell us that they neither have at any time nor never sought to have any the Kings Letters patents under the great Seale of England for their keeping Courts and Visitations But doe all in their owne names and under their owne Seales contrary to the Law in that behalfe pag. 69. There be your Major and your Minor The conclusion followes So as being a power not derived from the King as the immediate fountaine of it it proves to bee at least a branch of that forreine power altogether excluded in the Statute 1. Eliz. c. 1. And it is flatly against the oath of supremacie in the same statute which all Prelates take wherein they professe and promise faith and true allegiance to the Queenes highnesse her heires and lawfull successors and to their power to defend all jurisdictions priviledges c. granted to the Queenes highnesse her heires c. p. 70.71 In fine you bring them all in a premunire leave them to the learned in the law of which if you were one or that your learned Counsell might sit Iudge to decide the controversie Lord have mercy upon them For answer hereunto wee would faine know of
advancement of Gods glorie the edifying of his Church and the due reverence of Christs holy mysteries and Sacraments This you restraine unto the person of the Queene affirming p. 66. that it is not to be extended to her successours in the Crowne How truely this is said hath beene showne elsewhere And were it so in point of Law yet a good Church man as you are could not choose but know that in the Articles of the Church it is acknowledged and agreed on that the Church hath power to decree Rites or ceremonies Art 20. and more then so that every particular or nationall Church hath authoritie to ordaine change and abolish ceremonies or Rites of the Church ordained onely by mans authority so that all things be done to edifying Art 34. These Articles you have subscribed to more then once or twice and therefore cannot choose but know that other ceremonies may be used in the Church then those which are expressed in the Common prayer booke Nor were these Articles confirmed onely in the Convocation the power and authority of the which you regard but little but were confirmed and subscription to the same exacted by Act of Parliament as your unlearned Counsaile can at large informe you It s true some such as you have quarrel'd with the 20. Article as if that clause of giving power unto the Church to decree rites or ceremonies and authority in controversies of faith were not coequall with the Article but thrust in of late and for that cause by some undue and sinister practise the booke of Articles was lately printed in the Latine tongue and that clause left out But in the antient Copies published in the yeare 1563. the Article is intire and whole according as it is in all those bookes of Articles to which you severally subscribed Nor saith that Article any more as to the matter of ordaining ceremonies then what is afterwards affirmed in the 34. Article as before was said nor more then what hath positively beene affirmed by your owne Divines as you please to stile them Calvin whose judgment in this point you neither may nor can decline hath said as much upon these words of the Apostle Let all things be done decently and in order Non potest haberi quod Paulus hic exigit nisi additis constitutionibus tanquam vinculis quibusdam ordo ipse et decorum servetur That which St. Paul requires cannot be done saith he without rules and Canons by which as by some certaine bondes both order and decorum may be kept together Paraus yet more plainely and unto the purpose Facit ecclesiae potestatem de decoro et ordine ecclesiastico libere disponendi et leges ferendi So that you see the Church hath power to decree rites and ceremonies in things that appertaine to order decency and uniformity in Gods publicke service and which is more a power of making lawes and Canons to inforce conformity unto the same in the opinion of your owne Doctors And if it please his Majesty with the advice of his Commissioners or Metropolitane to ordaine new ceremonies or if the Church thinke fit to adde further rites to those which are received already I know no remedy either in Law or conscience but that you must submit unto them Which said we will proceede to those other Innovations which you have falsly charged upon the Prelates The fourth change is you tell us in the civill government which they labour to reduce and transferre to ecclesiasticall while they seeke to trample on the lawes of the land and step between the King and his people the Prelates power overswaying the subjects right in the free use and benefit of the Lawes pag. 129. You make the like out-cry to my LL. the Iudges saying Doe not your wisdomes see a new generation of Innovators risen up in this Land who usurping and practising a Papall and Antichristian power and jurisdiction exempted from the Kings Lawes c. doe thereby begin to overtop the Royall throne and trample the Lawes liberties and just rights of the Kings Subjects under their feete p. 29. Quid dignum tanto What is the ground of all this noise Nought els it seemes but that the high Commissioners thinke that Court of too high a nature to be affronted by such fellowes as your Learned Counsailes of which you tell us p. 129. and that my LL. the Iudges out of their honourable love to Iustice are not so easily moved to send their writs of prohibition to that Court as some of their Predecessours were before them And is there not good reason thinke you For if as Dr. Cosin pleades the case his Majesties supreame Royall authority and power ecclesiasticall granted by Commission to others be as highly vested in his Crowne as is his Temporall then will it be probably gathered both of them being in their severall kindes supreme and the exercise of them committed over to others under the great Seale that the one of them is not to be abridged restrained or controuled by the other And you may also know if you please to know it how that it was affirmed once by K. Iames of blessed memorie in his speech at Whitehall before both houses of Parliament An. 1609. That the high Commission was of so high a nature that from thence there was no appellation to any other Court Both Courts being thus supreme in their severall kindes and neither of them being to be abridged restrained and controuled by the other as long as the Iudges in the high Commission keepe themselves within their bounds to causes of ecclesiasticall cognizance what reason have you of complaint in case you cannot get a Prohibition as before you did Most likely that my LL. the Iudges are growne more difficult in that kinde as for diverse other reasons so most especially because they see the Iudges in that other Court so carful as not to meddle in any thing which may entrench upon the Courts of common Law or the subjects liberty Call you me this an overtopping of the Royall throne a trampling of the Lawes liberties and just rights of his Majesties subjects under their feete Cannot so insolent a wretch as you be denied a Prohibition from the Courts of Law or may not Mr. Prynne be threatned for his sawey and irreverent carriage by the high Commission but presently you must raise an outcry ac si Anniball ad portas as if the libertie of the subjects was indangered in the free use and benefit of the Lawes as you please to phrase it yet this amongst the rest you have made a cause of your seditious libelling against Church and State as if the one were like to devoure the other and all were in a way to ruine but for such Zelots as your selfe the carefull watchmen of the times But good Sir be assured there is no such danger For as the reducing of the civill government so ecclesiasticall which you so much feare there must be other meanes to doe
your Sermon p. 7. Hold there a little brother B. As farre as you have said the truth they will all joyne with you Veritas a quocunque est est a Spiritu Sancto said St. Ambrose truely In that assuredly you shall find no Adversaries But when you leave to speake the trueth which is the Office of a Preacher and fall upon Seditious false and factious discourses to inflame the people and bring them into ill opinion both of their King and those to whom the goverment of the Church is by him intrusted you are no more a Preacher but a Prevaricator a dangerous Boutefeu and Incendiarie as you have beene hitherto That this is true shall be most plainly manifested in the Anatomie of your Sermon for wee will call it so to please you where the charge is pressed A second reason which you have to prove them your Adversaries is that they have usurped such a title of jurisdiction as cannot consist with that title of Jurisdiction which the Law of the Land hath annexed to the Crown Imperiall p. 7. If so they are the Kings Adversaries in the first place robbing him of the fairest floure in the Regall diadem and as the Kings Adversaries the common Adversaries of all loyall subjects no more yours then mine But how may it appeare unto us that they have made so great and manifest an usurpation as you charge them with Because say you they doe continually exercise their Episcopall jurisdiction without any Letters Patents of His Majestie or His Progenitors in their own names and rights only not in His Majesties Name and right c. Great pitty but you should be made the Kings Atturney you would bring all the Clergie doubtlesse in a Premunire and make them fine more deeply for it then when King Henry the 8th first charged them with it But this being objected to them in that sermon also we shall there meet with it One thing I must take with me now for feare I find it not hereafter You say the Bishops exercise their Episcopall jurisdiction in their own names and rights only not in his Majesties name and right to the manifest breach of their oathes aforesaid Alas poore Prelates cast away your Rochets and resigne all to Brother B. Before he had indited you at the Kings Bench for usurpation and now he files a bill against you in the Star-Chamber as in case of perjurie For he assures us that the Statute 1. Eliz. c. 1. uniting all manner of Jurisdiction Ecclesiasticall whatsoever unto the Imperiall Crowne of this Realme enacteth the Oath of Supremacy and Allegeance eo nomine to that very end and purpose that none should presume to exercise any Ecclesiasticall Jurisdiction within this Realme but by virtue of the Kings Letters Patents and in the Kings Majesties name and right Qui nunquam risistis nunc ridete Here 's such a piece of learned ignorance as would make Heraclitus laugh It seemes you had no conference of late with your learned Counsell who had he seene this passage might have marred the merriment For pray you Sir was the Oath of Allegiance enacted 1. of Elizabeth Then certainly my books deceive me in which it is reported to have been enacted 3. Jacobi on the occasion of the Gunpouder Treason And for the Oath of Supremacy made indeed 1. Eliz. was it enacted eo nomine to that end and purpose as you please to tell us What that no Bishop might proceed in exercise of his ordinary Episcopall Authoritie without especiall Letters Patents and in the Queenes Majesties Name and right only Find you in all the Statute any mention of Letters Patents more then in and for the erection and establishment of the High Commission for excercise of that supreme and highest jurisdiction of right invested in the Crowne as for the Oath look it well over once againe if there be any one word which reflecteth that way of suing out especiall Letters Patents by the Party sworne for the discharge of the authoritie committed to him or that makes mention of the Queenes name to be used therein Assuredly learned sir that Oath was framed to settle the abolishment of all forreine power and jurisdiction such as the Popes of Rome had lately practised in this Kingdom and for no other end and purpose Or if it were enacted eo nomine to that end and purpose that none should exercise any Ecclesiasticall jurisdiction within this Realme but by virtue of the Kings or Queenes Letters Patents then certainly it must be thought that all and every Temporall Judge Justice Major and other lay and temporall Officer or Minister all that take wages of the King in any of His dominions those that sue out their Livery or Oustre le maine young Schollars in the Universitie when they take degrees or finally whosoever is required by the Statute to take that Oath have in them a capacitie of Jurisdiction Ecclesiasticall but may not exercise the same without Letters Patents or else must forthwith take up armes against those that doe As for that clause which followes after And in the Kings Majesties name and right that 's just like the rest It was indeed enacted so in some certaine cases 1 Edw. 6. c. 2. but was repealed by Parliament 1. Mar. c. 2. and stood repealed all the reigne of Queene Elizabeth and therefore could not be intended in the statute 10. I see Sir you are as excellent in the Law as in the Gospell and marveile that you have not mooted all this while in some Inne of Chancery Le ts on Sir to those other Arguments which you have studied to prove the High Commissioners to be your adversaries and if we follow your account they are three in number but stilo novo we shall finde but one and that one worth nothing First they who are adversaries of God and the King are your adversaries p. 9. Secondly they which are Christs enemies are your enemies And thirdly they which are the Kings enemies are your enemies p. 10. This is as good as handy dandy pretty sport for Children I hope you will not divide Christ from God and I am sure you cannot divide the King from himselfe Let then your three arguments passe this once for one and shew us how you meane to prove that the Bishops are the adversaries of God and the King That 's made as cleare as all the rest by arguing a non-concessis pro concessis by taking it for granted because you say it that they are dangerous innovators hinderers of the Gospell opposers of his Majesties Lawes Proclamations and Declarations against all innovations of religion c. What proofe you have of this more then your owne bare Ipse dixit we shall see hereafter and when we see it we will answer to it as we see occasion Meane while I would faine know how this concernes you more then others why any schismaticke or delinquent may not pretend the selfe same reasons to decline the judgement of that Court as
well as you Pope Boniface tels us of Saint Peter that he was taken in consortium individuae Trinitatis and doubtlesse you deride him for it yet in effect you take as much unto your selfe Gods cause and yours are so alike of such neere kinne to one another that they are hard to be distinguished Our Saviour Christ hath no advantage of you but that hee was the first-begotten and therefore is your elder brother As for the King according to the Puritan tenet he 's but a Minister of the State onely a sworne Bailiffe of the Common wealth and to be called unto accompt when the people please the Saints i. e. your selfe and such as you being kings indeed to whom the earth belongs of right and the fulnesse of it and at whose feete in case the Presbyterian discipline were once established all Kings and Princes of the world must lay downe their scepters Huic disciplinae omnes orbis Principes Monarchas fasces suos submittere parere necesse est As your friend Travers stated it in his booke of Discipline Yes marry Sir now I perceive there 's somewhat in it why Gods cause Christs the King and yours are so linked together So farre we have gone after you or with you rather to see how you could justifie your Appeale as it related to the incompetencie of the Iudges wee must next looke upon you whilest you pleade your cause as it reflects upon the illegality of their proceedings And this you branch into two parts also for you are excellent at making a division the one generall which concernes their usuall practise in all other cases the other particular in your owne case p. 11. It had beene fitter sure you had left out the generall and fallen on the particular onely for in such things which are you say their usuall practise what cause have you to make appeale more then other men And should all other men take liberty to decline the Court that would dislike their course and manner of proceedings his Majesty might quickly call in the Commission as an vnnecessary thing of no use at all This therefore onely was put in to beget an Odium to that Court and buzze into the peoples heads who if once seasoned with your leaven are apt to credit it that the proceedings there are contrary to pieâ—y to law to charity and utterly against the liberty of the Kings good subjects But being put in we must doe what we can to rase it out againe and therefore speake what is it that you are agrieved at in their usuall practise Your first exception is against the oath ex officio in which you say they doe transgresse in three particulars first in regard it is exacted of the delinquent before a copy of the Articles or Libell is exhibited unto him and secondly in that the deponent is not permitted to have a copy of the Articles before he doth depose unto them that he may answer to them by advise of Counsell both which you say are contrary unto the practise of all the other Courts of Iustice Thirdly in that the oath exacted is contrary both unto faith and charity to faith in that an oath so taken must needes be taken for a rash oath and so against the nine and thirtieth Article of the Church of England to charity in that it makes a man to accuse his brother and betray himselfe and so against that generall maxime nemo tenetur prodere seipsum p. 11. and 12. This is the summe of what you say for that which followes of putting in Additionals to the information on the discovery of new matter was not worth the saying and all this is no more but quod dictum prius that which hath formerly beene alledged and already answered your learned Counsell furnished you with these particulars when you were both delinquents in that Court together and he might doe it easily without much study They were collected before hee was borne and by some that had as evill will to the Church as he and spred abroad amongst that party in Queene Elizabeths time but very learnedly refelled by Dr. Cosin then Deane of the Arches to whom for brevities sake I might well referre you Yet since your libell is made publicke and dispersed abroad I will in briefe lay downe such answers as are made by him to your severall cavils adding a little of mine owne and one thing specially for your satisfaction which he could not know of In answer to the first he tels you if you would have learned that though the Articles or Libell be not exhibed inscriptis before the oath yet that the generall heads are signified and opened to the party criminall which was observed as you confesse in your particular For you informe us in the beginning of your Apologie that the occasion of your Appeale was upon the reading of certaine Articles unto you by the Register of the Court before Doctor Duck and by his appointment who thereupon tendred unto you an oath to answer to the said Articles This was as much favour as could be showne you and more then needed The reason why the Articles are not given in scriptis is chiefely upon observation that some of those to whom that favour hath beene showne have used it onely as a meanes to instruct their confederates for the concealing or the disguizing of the truth a thing of dangerous consequence in punishment of Schismes Heresies and such other things which this Court takes notice of themselves upon perusall of the Articles remaining still as obstinate in the refusall of the oath as they were before Nor is it generally contrary to the practise of the Common-law as it is pretended the grand inquest taking an oath before the Iudges that they shall diligently inquire and truely present all offenders against any such point as shall be given them in charge and yet the charge not given till the oath be taken As to the second touching the advise of Counsell to draw up the answer that 's universall neither in law nor practise For on inditements at the common law upon life and death there is no counsell given the party to draw up his answer And in proceedings in the Starre-chamber Chancery and Court of requests however they commence suites there by bill and answer yet when they come to interrogatories the parties first take oath to answer truely to the points and then the Interrogatories are proposed unto them peece by peece in the Examiners office Besides that in such Cases as principally doe concerne the high Commission it hath not beene thought sit to admit of Counsell for drawing up an answer unto the Articles objected the better to avoide delaies and that foule palliating of schismes and errors which might thence arise As for the first part of the third exception it 's true that vaine and rash swearing is condemned by the nine and thirtieth Article but then it resteth to be proved that taking of an oath to answer to