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A39281 S. Austin imitated, or, Retractions and repentings in reference unto the late civil and ecclesiastical changes in this nation by John Ellis. Ellis, John, 1606?-1681. 1662 (1662) Wing E590; ESTC R24312 304,032 419

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But all this so as that no Article of the Confession no point of Doctrine no part of Worship is altered And yet the Brethren have raised such a hue and cry as if the later Bishops yea and Princes not excepting Queen Elizabeth had a design to corrupt the Articles to poison the Worship to impose unestablished things upon the conscience and liberty of the Subject and to punish men for disobedience thereunto As if all Religion were pessundated and Omnia in pejus ruere retro sub●apsa referri All goes to ruine Thames to Tyber flows Th' Assembly to a Convocation grows As if as Pauls by the Brethrens fautors so the whole Church were like to be an Augaean Stable Well spake Tertullian of their fathers Prescript adv Heres non longè ab initio Scripturas obtendunt hac suâ audacia statim quosdam movent in ipso verò congressu firmos quidem fatigant infirmos capiunt medios cum scrupulo dimittunt They pretend Scripture saith he and by this their confidence they presently move some In disputation they trouble those that are strong they take the weak and send away the middle sort with doubting I conclude that notwithstanding the exceptions of the Brethren the Common-prayer-book as well as the Articles Act for uniformity of Com. prayer is established by Act of Parliament And that therefore If any manner of Parson Vicar or other whatsoever Minister shall preach declare or speak any thing in the derogation or depraving of the said faid Book or any thing therein contained or any part thereof and shall be thereof lawfully convicted shall forfeit c. I have done with the second Head of Objections viz. The establishing of the Liturgy and Worship Subsect 3. Discipline established Object I Come to that against the third the Discipline which they say is not established neither The discipline not establish'd They instance in the Episcopal Courts and Canons the first whereof is Jurisdiction Now the Bishops are of age Answ let them speak for themselves One of them Arch-bishop Whitgift against T. Cartwright Bishops Courts Lord Cant. speech at the censure of Dr. Bastwick c. in the Preface and the greatest in his time doth acknowledge That they exercise their jurisdiction in their Courts by vertue of the Laws and Commissions Royal onely The next in the same rank goes farther and upon occasion of such calumny makes it his suit unto the King and I do humbly in the Churches name desire your Majesty that it may be resolved by all the reverend Judges of England and then published by your Majesty that our keeping Courts and issuing Process in our own names and the like exceptions * Namely by T. Cartwright and others formerly taken and now renewed are not against the Laws of this Realm as 't is most certain they are not Thus far he What can indifferent men desire more then an appeal to all the legal Interpreters the Judges of that Law which they are said to violate and to the supreme Judge and spring-head thereof the King This for their Courts The Canons of the Church K. James As for the Canons Because the King-craft of that Prince which did confirm them as himself calls it is herein question'd as if he understood not what did touch his own prerogative and the Laws for he by his Authority under the Broad Seal confirmed those Canons I shall not take upon me the vindicat●on of so great a Person seeing he hath a Grandson and Successor our present Soveraign to do it for him at whose feet and the Laws I shall let that lie the rather because that point is like very shortly to be determined by publick authority So much for Discipline Subsect 4. Of Government Episcopal THe last is Government Episcopal namely and here 25 Edw. 3. Ann. 1350. Necessity of Reform p. 40. illis adhaeret aqua Themselves acknowledge and cite the Act saying That whereas the holy Church of England was FOVNDED in the estate of PRELACY within the said Realm of England by the said Grandfather Edw. 1. and his Progenitors and the Earls and other Nobles of his said Realm and their Ancestors to inform them and the people in the Law of God c. This then is granted to be according to the constitutions of this Nation Legal which is moreover known to all by this That all Acts of Parliament since that foundation have given the precedency of Baronship unto the Bishops the form usually being The Kings Majesty with the assent of the Lords Spiritual and Temporal Object doth enact c. Nay but though Episcopacy was established by Law 17 Car. cap. 1. Office of Episcopacy ceased yet it is not so now For the Act of 17 Car. 1.11 repeating the clause of the Act of 1 Eliz. 1. which instals the Queen and her Successors with power of Ecclesiastical jurisdiction the onely ground of the Bishops authority and jurisdiction Reasons for necessity of Reform p. 51 52 53. and repealing that clause did besides the taking away their Votes in Parliament take also away their power authority and jurisdiction and so the very office it self of Episcopacy whereupon the Ordinance of Lords and Commons makes all their grants void since 17 Car. 1. because then their Office expired Answ 1 For answer first in general That it was neither in the purpose nor to speak as the thing is in the power with due observance be it uttered of either Parliament or Prince to take away the powers which are essential and unseparable from the Crown and Office of a King which we see of right to have belonged and with praise to have been executed not onely in the Scripture both by Jewish and Heathenish Princes as by Nebuchadnezzar by Cyrus Dan. 3.29 Ezr. 6. Jon. 2. by Darius by the King of Ninive c. as well as by David Jehosophat Hezekiah and Josiah but also in the primitive Church by Constantine and Answ 2 others after him Besides we may not conceive the Parliament intended to countervene an express Article of the Confession of this Church Artic. 37. of the Civil Magistrate which having named the Queens Majesty saith Unto whom the chief government of all estates of this Realm whether they be Ecclesiastical or Civil in all causes doth appertain That prerogative which we see to have been given always to all godly Princes in holy Scripture by God himself And in particular that it was not the Answ 3 purpose of the King or the two Houses as then they were to take away the office and ordinary jurisdiction of Episcopacy appears evidently in that the King he asserts it to be a main cause of the war Ei k●● Basilic Med. 9. and of his own calamity for that he would not consent thereunto How oft saith the King was the business of the Bishops injoying their antient places Bishops Votes in Parliam and undoubted privileges in the
with his Presbytery But the Bishops themselves were judged by the Synod Moreover when the world began to be filled with Churches and the Metropolitanes themselves stood in need of particular Government over themselves for although they grew in number Patriarches yet all were not according to their places either prudent or vigilant for in all orders of men Note those of worth are but few the Fathers did commend the care of whole Provinces together unto certain Bishops of the chief Cities which persons they afterward called Patriarchs Thus far Bucer there And after noting the abuse of these powers and the usurpation of them by the Bishops of Rome whom hee calleth Antichrist which I note to evidence that a man may be full for Episcopacy yea and Archiepiscopacy and yet be as full against Popery which some should mark hee subjoyns what is very considerable in these times viz. At quia omnino necesse est ut singuli Clerici suos habeant proprios Custodes Curatores instaurenda est ut Episcoporum ita et Archidiaconorum aliorumque omnium quibuscunque censeantur nominibus quibus portio aliqua commissa est custodiendi gubernandique Cleri authoritas potestas sed vigilantia animadversio ne quis omnino sit in hoc ordine 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But because saith hee it is altogether necessary that every Minister and Clergy man should have their proper Guardians and Governours both the Authority of Bishops Bishops and of Archdeacons Archdeacons and of all * As Metropolitanes c. other officers by what names soever they be called unto whom any part of the power of guarding and governing the Ministry is committed ought to be restored As also watchfulness and observation least any man whatsoever of this profession be without government and not under rule Thus far hee With whose testimony not onely for his learning and piety both which were eminent in him but also for his reference to this Church as having been one of the reformers of it I close these Allegations and Witnesses Vide Bucer Script Anglican Onely adding this That had the Reformed Churches beyond the Seas observed this counsel of these their own learned men they had not given that advantage to the adversary by making a Schism in Government from the whole Universal Church scandalizing it also Nor had they given occasion to those who out of true or pretended imitation of them have brought Scotland and by it England the glory and refuge of the Reformed Churches and by both Ireland into those horrid confusions which have fallen upon them upon that quarrel as is noted by (a) Icon. Basilic Medit. 17. one who well knew and is not denyed by (b) Ministe●s Reasons for Reformation 1660. in the Preface others who had no small activity in blowing those fires some coals whereof they have still retained and by them attempted to kindle new flames as is noted by (c) Kings Declaration Oct. 5. 1660. pag. 7. another Authentique Author And for those our Brethren who had destroyed this Government among us it is to be feared it may be in many of them upon the like ground that the Rabbin saith the Jew the body of them D. Kimchi in Isa 53.9 for so hee expoundeth that Prophecy which the Chaldee Version applies to the Messiah as wee do was slaughtered in the captivity whilst hee explains those word with the rich in his death Hee saith it was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But Which sentence because it is in Rhyme wee may thus render The Wether had no fault but that His fleece was good and hee was fat Mark 12.7 According to this Come let us kill him and the Inheritance shall bee ours As it hath appeared since SECT III. Exceptions against the Government and Discipline THe Brethren the Authors of the former Tract Reasons of the necessity of Reformation p. 40. except also against the Government and Jurisdiction of the Bishops First That it is not by Divine Right in this Nation but that the Church of England is founded in the estate of Prelacy within the Realm of England by Law and authority of Parliament onely Where first we accept of their Concession Prelacy Episcopacy established by Law in England 25. Edw. 3. Anno 1350. then our Church Government by Episcopacy is established by Law in this Nation Now if they have this office by Law they must also have a power for the Execution of it as a Prelacy that is a superiour order of men to govern in Ecclesiastical Affairs which is their jurisdiction and power to exercise Discipline But the Brethren reply Object that this is taken away by the Act of 17th Carol. I. 11. wherein their sitting in Parliament is removed and the power of the King to authorize Commissioners for Causes Ecclesiastical which was granted by an Act 1. Eliz. cap. 1. Reas neces ref Pag. 51. And that there is not any branch or clause in that whole Act that gives more or other jurisdiction to Bishops or any other Ecclesiastical persons whatsoever But Answer unto this is given elsewhere in this Treatise therefore I leave it here and come to that which is more material viz. The Divine Right at least by consequent of that function Which having evidenced so plentifully before out of both Ancient and Modern Testimonies and those of some the greater Lights of the Reformed Churches And replyed to the Objections on the contrary And particularly because the Brethren do not here oppose it I shall need to say the less Onely take a verdict from one whom some of the Brethrens opinion cite as a witness which is St. Cyprian Which will at once carry with it both the Divine Right and also the inseparable adjunct of it though not a sole yet a superiour jurisdiction For that of sole jurisdiction seems a needless quarrel seeing the Bishop doth neither exercise any part of it alone but with others assistance and without which assistance hee cannot orderly administer it And the Church declares her self whilst shee appointeth in the ordering of Priests and consecrating of Bishops one of the greatest Acts pertaining to Government that there shall be other also assistant to the Bishop in Imposition of hands Though in that lesser point of Confirmation of Children and ordering of Deacons it is not so appointed though not excluding it But as I said Cyprian hath these words Neque enim aliunde haereses abortae sunt Cypr. lib. 1. Ep. 3. Vide in eand sentent ips lib. 3. Ep. 1. aut nata sunt Schismata quàm inde quod Sacerdoti Dei non obtemperatur Nec Unus in Ecclesia ad tempus Sacerdos ad tempus Judex vice Christi cogitatur Cui si secundum Magisteria divina obtemperaret fraternitas Universa nemo adversum Sacerdotum Collegium quicquam moveret Let not the Reader nauseate this once or twice
Christian Churches asserted in Answer to Mr. Hudson I may add this caution That for substance they are both of them Orthodox and useful and such in the composing whereof industry was used somewhat more than ordinary A few passages at the latter end of the Sermon in reference of the defence of the War against the King I do here retract And though I suppose I have evinced in the other Tractate that there is no Catholick or universal visible Governing Church and so laid ground for the Independency of the Church of England and other National Christian Churches yet that new practised Independency beginning at Separation and collecting themselves thence into small bodies and afterward assuming a right of non-subjection to any Juridical Superior Power Ecclesiastical I do also recal by these presents and retract CHAP. IV. The Causes of the Authors falling and first the Negative and such as were not AS in the Creation Gen. 1. Negations did precede the formation of things darkness before light and emptiness before repletion And as in Procreation privation goeth before So the Apostle writing to the Churches 1 Thess 2.3 begins at Negatives and what were not the causes of his preaching Our exhortation saith he was not of deceit nor guile Give me leave therefore to imitate both Nature and Religion here and to represent what were not the motives of my falling Lest any man should think that corrupt designments either in respect of persons or of things have tempted me And first for persons both those I have departed from as also those I now adhere unto No personal offence at the one or flattering notion of the other have at all provok'd me Neither despair of gaining by those now gone nor hope of vintage by these rising Luminaries do attract or draw me For I do not now begin my Retractations having then published them as we saw above when neither clowd from heaven nor vapour from the earth did seem to promise any shower of blessing When neither Sun nor Moon nor Star appeared but all hope that we should be saved was even vanished Sect. 1. Neither distaste of nor affection unto persons And first for persons To which I shall the rather speak because there is danger of falling into Scylla whilst we would avoid Charybdis and that a * Matth. 23.18 Proselyte may by Pharisaism and hypocrisie become two-fold more the child of hell than he was by profaneness Therefore that I may not seem to commit the same error against some now that was admitted against others before I shall represent my spirit and opinion touching persons of the side I have deserted and then of those whom in these cases I return unto Matth. 5. 1 Pet. 2.17 Gal. 6. First We are obliged to love and honor all men though especially the houshold of faith St. Austin not onely styles the persons he wrote against or had departed from sometimes * Dominis praedicalibus dilectissimis fratribus medaurensib ep 42. Dilect●ssimo fratri vinientio epist 48. honored or reverend or beloved brethren but also expresses his ' spirit toward them which I desire may be mine also in reference unto those I have now reflected on Illi in vos saeviant qui nesciunt cum quo labore verum inveniatur quam difficile caveantur errores Illi in vos saeviant qui nesciunt quàm rarum arduum sit carnalia phantasmata piae mentis serenitare superare Illi in vos saeviant qui nesciunt cum quantâ difficultate sanatur oculus interioris hominis ut possit intueri solem Illi in vos saeviant qui nesciunt quibus suspiriis gemitibus fiat ut ex quantacunque parte possit intelligi Deus Aug. contr epist q. voc Fundam cap. 2. Pastrento illi in vos saeviant qui nullo tali errore decepti sunt quali vos deceptos vident Ego saevire in vos omnino non possunt quos sicut meipsum illo tempore ita nunc debeo sustinere tanta patientiâ vobiscum agere quantae mecum egerunt proximi mei cum in vestro dogmate caecus errarem Let them saith he rage against you who do not know with what labour truth is found 1. The difficulty of Truth and how difficult it is to avoid errors Let them rage against you who know not how rare and hard a thing it is to scatter fleshly fancies by the light of a pious heart Let them rage against you who understand not how choice a thing it is so to cure the eye of the inward man that it may be able to behold the Sun Let them rage against you who know not with what sighs and groans it is effected that even the back-parts of God may be known Lastly Let them rage against you who have not been deceived with any such error as they see you to be deceived with For my self I can by no means be violent against you he means their persons and the persons of those that were not turbulent whom I ought now to bear as I did then my self and to deal with you in the same degree of patience that my friends did with me when I blindly wandred in your opinions 2. Besides the persons and worth of some 2. The worth and unworthiness of persons on both sides R. Hooker presat ad Pol. Eccles n. 2. from whom I now decline challengeth all due respect and some of those whom I now adhere unto as little We should be injurious to vertue it self saith Mr. Hooker if we did derogate from them whom their industry hath made great Bucer acknowledgeth both the usefulness of the labours even of the very Heathens toward Religion and highly predicates the Religion and piety of some of them Neminem verò offendat Bucer in Joh. 4.31 c. quòd Philosophorum laborem profuisse ad Evangelium puto omnis enim veritas à Deo est veritas sanè plurima in scriptis Philosophorum Poetarum legitur Jam quantulumcumque id fuerit quod de veritate Philosophi tradiderunt ad Deum certè animos hominum attraxerunt eosque ad Evangelium praepararunt sed quid opus est verbis Qui vel non in Cicerone Cicero miram Dei solidaeque pietatis cognitionem agnoscit eum necesse est ignorare quid sit Deus pietas Let no man saith he be offended that I judge the labours of the Philosophers to have been useful unto the Gospel for all truth is of God and verily there are many truths in the writings of the Philosophers and of the Poets Now how little soever it were of truth that they delivered surely it drew the minds of men unto God and by that did prepare them unto the Gospel But what need words he that doth not acknowledge even in Cicero a wonderful knowledge of God and of sound he meaneth serious not saving piety it must needs be that he knoweth neither what God nor piety
the Ecclesiastical Concerning the first 1. In the Civil Controversie I closed with the one party in the civil contest for these causes whereof the one is General and Privative the other Positive and Particular The former was the grieving or resisting the Spirit of God from whom I received no small concussion about this matter especially at the coming forth of * The resolving of conscience c. Edit Cambr. 1642. Dr. Fearn's first book in opposition to the Lords and Commons in their taking up Arms against the King The authority of Scripture there urged unto which God had given me ever to bear an awful reverence the Spirit setting it on exercised me more than all his arguments But 1 being in heart enclined unto the good things the other side proposed to be contended for and 2 judging his reasons might all be answered and 3 apprehending it much concerned the cause of God and of his servants and 4 my own reputation also being pre-engaged 5 and lastly my place seeming to call for it I holding then the publick Lecture in Cambridge I took all the former reluctancy of spirit to be onely a temptation and accordingly resolved to reply On Judg. 5.23 on which Mr. St. M. had preached before of whose notions that I know of I made no use Mr. J. B. which I did the next Lords day after the publishing of that Book wherein I answered all that seemed material in that Book and so answered it That some who were of the other judgment were pleased to say that so bad a cause could not be better pleaded Upon this I was sollicited to the publishing of my Answer But coming to London and finding another had done it before but especially my spirit working too and fro betwixt resolution and fear I did suppress it But that of Zachary hath been fulfilled in me since In that day the Prophets shall be ashamed Zach. 13.5 every one of his vision when he hath prophesied And blessed be God who hath verified another also towards me viz. Thou shalt hear a voice behind thee saying Isa 30.21 This is the way walk in it when thou turnest to the right-hand and when thou turnest to the left And blessed be his Name that although I have been a rebellious child as it is in the first verse of that chapter that would not take counsel of him nor cover with the covering of his spirit yet he hath not cast me away from his presence Psal 51.11 nor taken his holy Spirit from me Deliver me from bloods O Lord thou God of my salvation A Prayer and my tongue shall sing aloud of thy righteousness The sacrifice of God is a broken spirit a broken and contrite heart O God thou wilt not despise And Vphold me O Lord with thy spirit then will I teach sinners thy ways and transgressors shall be converted unto thee Lastly Do good in thy good pleasure unto Sion build thou the walls of Jerusalem then shall they offer young bullocks upon thine altar Amen Sed irrideant nos fortes potentes Aug. confess l. 4. c. 1. nos autem infirmi inopes confiteamur tibi But let great and ove●-grown spirits laugh at this let us that are infirm and poor in heart confess to thee Tota palea areae ipsius irridet eum Aug. in Ps 21. in Prefat in Expos 2. gemit triticum irrideri dominum All the chaff of Christs own floor laughs at him and the good corn laments its Lords derision Thus of the general and privative cause SECT II. Particular Motives 2. THe particular follow and they were such as these 1. 1. Propounded The excellency and necessity of the things held forth to be contended for the Laws namely and the Liberties of the Nation and that which made them both most precious Religion Protestant by them established and secured 2. Next the credit that I gave unto the persons that did propound them both for their ability and for their faithfulness 3. A third was the awful opinion that I conceived of the power and authority of that place from which they seem'd to issue to wit the Parliament 4. That the exigences being such there was a virtual bond by all Laws to use remedies that were not usual 5. and lastly That examples of the like had been in Scripture among the Jews in the Primitive Church the former against Antiochus by the Maccabees the latter of the Christians against Maximinus Also in the Reformed Churches as the French Holland Scottish and owned by our former Princes and then present King defended also by our own Divines and Bishops as Jewel Abbot Bilson c. 2. Replies unto them But all these and such like as applyed to our case being put into the ballance of the Sanctuary in my eye seem much too light As touching the first my opinion and veneration of the Protestant Religion 1. Religion the Laws and Liberties of the Nation I hope is greater now than it was as I know them somewhat better But touching Religion to be defended by Arms especially of Subjects well spake the Dantzikers A notable speech of the Dantzike●s in their material Letter to the Duke of Croy exhorting them to the like May 27. 1656. Evidently it doth appear say they how much the Roman-Catholicks are incensed through this war and that from thence no small persecutions yea the greatest danger may befall the Reformed Churches Vid. Mercurius Politicus Jul. 3. 1656. if God do not prevent it in his mercy We do confidently believe that no body can think or impute it to us as if God took pleasure in Apostates and Hypocrites and as if he would have Religion promoted in casting off the lawful Magistrate Note and in the slender esteem of a well grounded government Call to mind how at all times by Warrs the spirits of men grow more barbarous and inhumane Note and how the wars for Religion use commonly to extinguish Religion Thus they Note Now I call God to witness upon my soul that the sense of the dishonor done unto the Protestant Religion 2 Cor. 1. working upon my heart hath been one main occasion of further examining the grounds of those transactions and of altering my thoughts Homil. of disobedience part 4. pag. 300. And particularly one passage in the doctrine of this Protestant Church expressed in the Homily of disobedience did much affect me of which anon This for Religion 2. Then for the Laws and Liberties seeing first 2. Laws and Liberties that both Houses of Lords and Commons in all their solemn addresses to the King and that in Parliament and as such a Parliamentary body 1. Style of the H. H. do usually style themselves thus Your Majesties most humble and loyal subjects the Lords and Commons in Parliament assembled In that Remonstrance which the King saith Kings Declaration Aug. 12. 1642. Remonstr of the State of
the Kingdom Dec. 15. 1642. was the fountain of all the following mischiefs The very first line is Your Majesties most humble and loyal subjects the Lords and Commons in Parliament assembled Next the Oathes of Allegiance and Supremacy do declare That the Kings Majesty is the onely Supream Governor of this Realm over all persons and in all causes 2. Oathes of Supremacy and Allegiance 3 Eliz. cap. 1. Kings Answer to the Remonstrance of May 26. 1642. Remonstr of Lords and Commons Nov. 2. 1642. Ecclesiastical and Temporal and of all other his Dominions and Countries Yea and every Parliament-man before he can sit is bound by Law to swear them Now this is not answered in my judgment by a saying out of a Private * Fleta lib. 1. cap. 17. de justitiariis substituendis Lawyer that Rex habet in populo regendo superiores legem per quam factus est curiam suam videlicet Comites Barones And by that other that Rex est major singulis but minor universis For the former Author hath that sentence and words out of Bracton who hath several times also the quite contrary as shall appear Again It is against the tenor and current of Law and Lawyers and the known practise of the Nation Thirdly It may bear an other interpretation namely understanding the Law either of God who makes Kings Prov. 8. or of men made with the Kings consent whereunto he hath voluntarily obliged himself from which at first he might be free And by the superiority of his Court their legal jurisdiction conferred on them by his approbation for decision of ordinary controversies that may fall betwixt himself and his Subjects but not simply his superiors first because he calls it His Court now the owner is greater than the thing owned as such Again else the Earls and Barons were the superior power to the King Fourthly This refers not at all to the House of Commons whereof neither Fleta nor his Author Bracton in this sentence make any mention Again secondly the Oathes of Supremacy and Allegiance and the style the Parliament speak in of his Majesties loyal and humble subjects the Lords and Commons assembled in Parliament Remonstr Nov. 2. 1642. are not answered by saying that this of supream head and governor over all persons Object in all causes is meant of singular persons rather than of Courts or of the collective Body of the whole Kingdom And that it is meant in Curia not in Camera in his Courts not in his private Capacity and properly onely in his high Court of Parliament wherein and wherewith his Majesty hath supream Power For first Answ 1 The Oathes speak comprehensively both of Persons and Causes over all and in all So again the style of humble and obedient subjects is spoken as from them as the two Houses of Parliament for so they say assembled in Parliament Now if Subjects then and there sure Soveraigns or associates in Soveraignty they cannot be the terms in the same respect are contradictory Thirdly If the King be acknowledged to be the fountain of justice as the Law and Lawyers say he is of which anon then both Laws and Courts flow from him and thence are called his Laws his Courts and so ordine naturae dignitatis both in nature and dignity must be before and above both His splendor is in his Courts but his Supremacy not onely there but in his person also from whence it was derived to his Courts For there must be a First in nature either the King or his Courts and if they be His Courts then he made them and therefore in esse naturae before them Neither doth it hence follow as is there inferred Object That then the King may over-rule all his Courts Ibid. even the Parliament it self and so the goodly frame of Government should soon be dissolved and Arbitrary power brought in Answ For the King having both consented and sworn to the Laws and to the maintaining the jurisdiction of his Courts acting according to those Laws is not now in that respect sui juris and arbitrary in Government but obliged both to God and man to act by Laws and to preserve his Courts unviolate But if any Court shall assume a greater power than the King and Law hath given them or act in opposition to that power from whom they had their being whilst he doth not openly reject all Laws and Government much less when he doth rationally together with as many or more both of Lords and Commons though excluded the formality of being in such a place judge that he acts according to Law in the main of his proceedings In such case and in such actings they are not such a Court nor are not authorised with power from above but act excentrically and as private persons unto whom the Declaration grants the King to be superior As the Army having received Commission from the two Houses of Parliament afterward turned their Arms against them which they could not do by their Commission as also a great fautor of their proceedings since then spake in my hearing God thereby perhaps representing to the Houses by the Army their own failings toward their Superior And the Armies reasoning was on the like principles viz. That they were entrusted with power for the Kingdoms preservation and that the Parliament degenerating they must not see the Kingdom perish Object 3 Neither may it be received that if the Parliament may take account of what is done by his Majesty in his inferiour Courts Ibid. much more of what is done by him without the authority of any Court For to speak properly the Parliament takes account not of the Kings actions or authority in his Courts but of his Officers and of their administration of that authority and this also by the Kings consent established by Law whereby they are enabled so to do Or to speak yet more properly The Parliament that is the King Lords and Commons for the Parliament is not without the King as being the Head of it but without and in opposition unto him and the Laws they do not take such cognizance Again for that saying That they might much more take account of the Kings actions that are done without the authority of any Court meaning the great administration of Justice and the raising of Arms Seeing no Court is superior to its Author the King therefore no Court can give authority to him but he to them nor can they call him to account for then they were his superiors and had the Regal Power and himself should be no King as is expresly affirm'd in Mr. St. John's speech against Ship-mony of which afterward Humbly represent to him they may his miscarriages and punish his Ministers so it may be done without sedition and assuming the Sword which is inseparable from the Supreme Power Lastly How can this be assented unto that because when the Title is dubious Ibid. pag. ult he is
adds Ejurationem spontalem excipio de qua nulla inter mortales dubitatio which I need not English Bilson of Subj Rebel part 3. edit Lond. 1586. pag. 276 280. because for substance the same is delivered before him by our own Bishop of Winchester I must confess saith he that except the Laws of those Realms do permit the people to stand on their right if the Prince would offer that wrong I dare not allow their arms Cases may fall out even in Christian Kingdoms where the people may plead their right against the Prince and not be charged with rebellion Phil. As when for example Theop. If the Prince should go about to subject his Kingdom to a forreign Realm or change the form of the Common-wealth from Empery to Tyranny or neglect the Laws established by common consent of Prince and People to execute his own pleasure In these and other cases which might be named if the Nobles and Commons joyn together to defend their antient and accustomed Liberty Regiment and Laws they may not well be counted Rebels I never denyed that the people might preserve the foundation But part 3. pag. 144. he saith It is the Popes Divinity that Princes have their power from the people which he saith they have from God freedom and form of their Common-wealth which they fore-prised when they first consented to have a King I never said That Kingdoms and Common-wealths might not proportion their States as they thought best by their publick Laws which afterward the Princes themselves may not violate In Kingdoms where Princes bear rule by the sword Princes will we do not mean the Princes private will against his Laws but his Precept derived from his Laws and agreeing with his Laws which though it be wicked yet may not be resisted of any subject with armed violence Mary when Princes offer their subjects not justice but force and despise all Laws to practise their lusts Not every nor any private man may take the sword to redress the Prince But if the LAWS of the land appoint the nobles as next to the King to assert him in doing right and with-hold him from doing wrong Note If the Laws appoint THEN be they licensed by mans LAW and so not prohibited by Gods to interpose themselves for safeguard of equity and innocency and by all lawful and needful means to procure the Prince to be reformed but in no case deprived Note Not disinherit where the Scepter is inherited But he explains himself further in the very next page viz. That he meant still according unto Law The rest of the Nobles saith he that did assist them the King of Navarre and the Prince of Conde against the King of France if it were the Kings act that did oppress them and not the Guises Note except the LAWS of the land do permit them means to save the State from open tyranny I wi●l not excuse And * part 3. pag. 144. elsewhere I will not saith he examine the Popes Divinity Zachary in his answer to the German Legates Aventin lib. p. 299. wherein he saith the people create their King and the people may when the cause so requireth forsake their King 't is you see the Popes Doctrine I will not saith he examine the Popes Divinity in that he saith Princes have their powers of the people which the Scripture saith they have of God And before part 2. p. m. 328. This is the Supremacy which we attribute to Princes that all men within their territories should obey their Laws or abide their pleasure and that no man on earth hath authority to take their Swords from them by Judicial sentence or Martial violence Howsoever as I said ☜ those things before may be so in Thesi and the matter absolutely considered yet being excited by the fruits to view all the roots again I cannot satisfie my conscience that in Hypothesi and in particular hîc and nunc Note Mr. Pyms speech at the charge of the Earl of Strasford pag. m. 5. Protection and Alleg. 1. Parliament Testimony Remonstr of the state of the Kingdom Novemb. 15. 1641. pag. 26. 1. Bills p●ss'd by the King the case was such with us at the beginning of the war And if there had been any urgency to any of those cases yet Mr. Pym whom all men know was no passionate Royallist saith If you take away the protection of the King the vigour and cheerfulness of Allegiance will be taken away though the OBLIGATION remain Protection then and Allegiance are not such correlatives as that they do se mutuò ponere tollere as some would have But to return That the case was not so with us and that this may appear to have been no groundless conceit of my own I produce the two Houses of Lords and Commons We acknowledge say they with much thankfulness that his Majesty hath passed more good Bills to the advantage of the subjects than have been in MANY AGES This for the matter of concessions pag. 23. 2. Security to the Subject Next for the Security hear them again The discontinuance of Parliaments is prevented by a Bill for Trìiennial Parliaments and the abrupt dissolution of this Parliament by another Bill by which it is provided it shall not be dissolved or adjourn without the consent of both Houses Which two Laws well considered may be thought more advantagious than ALL the former because they SECURE a full operation of the present remedy and afford a PERPETVAL spring of remedies for the future Thus the Parliament Sir Benjamin Rudyard his testimony Now secondly That these considerations did then wo●k strongly upon the hearts of some of their own Members against engaging in the War may be seen by a speech printed of Sr. Benjamin Rudyards In h●s Ep●st●e Dedicat●ry to him of one of his Tr●ctates among the rest of Mr. Rous's works to whose worth and piety Mr. Francis Rous a member also gives upon his own long and intimate knowledge a very high elogy He in that speech in the House of Commons July the 9. Anno 1642. page 2. saith Mr. Speaker I am touched I am pierced with an apprehension of the honor of the House and success of Parliament The best way to give a stop to these desperate immenent mischiefs Sir B njamin Rudyard his speech in Parliament is to make a fair way for the KING 's RE●VRN hither it will likewise give best satisfaction to the people and will be our best justification And again page 3. Note If any man could have credibly told us 1 that within three years you shall have a Parliament 2 that Ship-mony shall be taken away by an Act of Parliament 1. Acts passed the reasons and grounds of it so rooted out as that neither it nor any thing like it can ever grow up again 3 That Monopolies 4 the High-commission Court 5 the Star-chamber 6 the Bishops Votes shall be taken
the Clerk of the Market the compulsion of subjects to receive Knighthood are by other beneficial Laws reformed Many excellent Laws and provisions are in preparation which they there enumerate Then a little before they say The discontinuance of Parliament is prevented by a Bill for a Triennial Parliament and the abrupt dissolution of this by another Bill Whence they truly collect and profess pag. 26. We acknowledge with much thankfulness that h●s Majesty hath passed more good Bills to the advantage of the subject than have been in MANY ages Thus they Now were not the former failings of Government sufficiently remedied and the fear of future is acknowledged here to be secured and prevented No ground then of the War for what was passed Come we to the second K●ngs preparation for war The Kings preparations for War he saith they were first they the contrary if it be hard to determine perhaps it is not greatly material seeing they were very near one the other and that argued both jealousie I say a jealousie of intentions to destroy each the other and actings to prevent it Now take it at the worst that the King prepared first which yet doth not appear yet considering that he having granted all the former Acts acknowledged to amend the past and secure the future and they not satisfying but high demandings and declarations still and actings in his conscience no doubt he did as in reason he might apprehend intentions in some to destroy the Government as it hath since come to pass and the Laws of the Nation he might be induced thereunto by a consideration of his duty and doubtless was seeing no other way though often tryed would prevail The motions of the Houses and specially of the Commons did give occasion to him to think of securing the Liberties from such intrenchings 3. Not yielding the Militia c. Touching the last His not granting that Petition and giving way to the Militia and rendring up those who adhered to him and returning to London and concurring with the Houses and disbanding his forces and recalling his Commissions of Array and others Military The rendring of the Militia had been to depose himself of Soveraignty whose especial ensign and security is the power of the Sword His giving up those who adhered to him 1 Sam. 11. had in appearance been to send Uriah for his faithful service to his enemies To return to London was to object him to those temptations which he could not nor perhaps any Prince ought to hazard himself unto unless more effectual order had been taken to prevent both contumely and danger which is a truth howsoever flighted To concur with the Houses at this time had been to have given up at once both his safety and conscience The recalling his Commissions and disbanding his Forces unless both themselves had done so too and also had declared their repentance for their provocations of him had been to strip both himself and Kingdom of necessary defence against those whom he had cause to think would invade both as it proved afterward So that by high and extraordinary actings to provoke the King to like undertakings and then to raise Arms because he would not desert them without security is as if one should by assault provoke a man to draw his sword and then fight him because he will not put it up again and stand to mercy 4. No Law alleadged for the war in particular But a fundamental error it was in that declaration that held out the grounds of the war That no particular Law was alledg'd to enable them to that way of securing the Nation For granting all to be as was suggested yet onely id possumus quod jure possumus Rom. 3. We may not do evil as all actings above our sphere is that good may come of it This should have been the chief ground for conscience to rest upon Kings Proclamation from York Jun. 18. 1642. forbidding levying of Soldiers Whereas on the contrary the King alledges divers particular Laws for his bearing of the Sword as also examples of men that have upon necessity some real some pretended taken the Sword and though they have done service to the King and Common-wealth by it have been forc'd to obtain their pardon There is no need here to name particulars the constant practise in the Nation justifying the Kings sole bearing of the sword Now to come to an issue The issue of the Quest The King as much fears the ruine of the Laws and himself as the two Houses do the Liberties and themselves and their grounds we will suppose though not grant are equal The King is in possession and by Law entrusted with the Sword to protect both The two Houses produce none Then sure as this should have prevented resistance then so especially taking in what hath followed ought it to provoke repentance now And thus much in answer to the fourth Motive SECT III. Answer to the fifth Motive Examples I Come now to the last viz. The Examples in Scripture and in latter times together with the approbation of such Examples by our Princes and Bishops above alledg'd To all which I answer first in general Isa 10 That we must apply our selves first unto the Law and to the Testimony if they speak not according to this rule there is no light in them to guide us by And that in Examples the greatest of all is the Captain of our Salvation Matth. 22. who ever did precept and practice to give unto Cesar the things that were Cesars yea Matth. 17. ult for peace-sake to give him that which was not his from some All other examples we must so follow 1 Cor. 11.1 as they follow him Matth. 26.52 now he forbad to resist for they that take the sword shall perish by the sword namely if such to whom the sword is not committed The Sword which must needs be the supreme Magistrate the sword being the Ensign of supreme power Rom. 13. Hence that of the Apostle The higher powers bear not the sword for nought they then are they who bear the sword This in general 2. David But in particular 1. David's retaining a few men to guard himself being design'd King from the violence of private men and from the sudden and passionate assaults of Saul's distemper and malice fleeing and not fighting such as was the Prophet Elisha his holding the Kings messenger at the door 2 Reg. 6.32 who saw the King coming to change his sentence 1 Sam. 14.45 Also the peoples rescuing of Jonathan not by any set contest or battel but by a friendly kind of violence And the Priests thrusting Vzziah being leprous 2 Chron. 26.20 out of the Temple but not resisting any of his Regal precepts or such forcible impressions All these and such like are ridiculous-parallels to the raising of an Army and managing of a War For though these examples shew that
superbiam quemadmodum digni sunt Dei justo judicio in omnibus supervenienti By whose command saith he men are born by the same command Kings are constituted fit for those who in each time are to be governed by them Some of them are given for the amendment and profit of their subjects and preservation of Justice but some for terrour and punishment and rebuke and some for mockery and contumely and pride according as men deserve the just judgment of God prevailing in all things Thus he by which he implies prayer and patience but no resistance Tertullian likewise Apologet. cap. 30. cap. 33. cap. 37. A quo sunt secundi Reges post quem Deum primi ante omnes super omnes Deos. From whom God they Kings are second after whom they are first before all and above all Gods that is above all inferiour Magistrates In a word we may see the sense of Antiquity in this point in him Instit l. 3. c. 3. § 10. Aug. Contr. Faust lib. 22. cap. 75. from whom Calvin would have us learn it in all viz. S. Austin Ordo naturalis hoc poscit ut suscipiendi belli Anthoritas penes principem sit exequendi autem ministerium milites debeant Natural order saith he requires this that the Authority of undertaking war be in the power of the Prince but that the souldiers owe the service of execution and management And that they wanted not either number or strength one of the former Authours gives us assurance Tertul. Apologet cap. 37. Si enim hostes extraneos non tantum vindices occultos agere vellemus deesset nobis res numerorum copiarum If we would saith he become open enemies and not secret revengers would there be wanting to us the force either of number or Armies And so shews that the Christians filled all places insomuch that should they but have withdrawn themselves only from the rest of men they should have made a desolation in the world And thus of the Primitive Christians * Anticavalierism 7. Reformed Churches So vain is it to say that Tertullian was mistaken in their number 7. In the last place come we to the examples of the Reformed Churches particularly those of France and Holland who are said to have defended themselves by arms as we have done defended by our Writers and owned by our Princes For Answer First we are to note that though perhaps it should be granted that it may be lawful in some cases for oppressed subjects to call for help unto other Foraign and lawful power because these powers are coordinate with their own in respect of degree and dignity and in such case there is no violation of order by the rising up of the inferiour against his Prince But secondly they were neither defended by our Writers Difference of Subject and Rebel part 3. pag. 279. Ed. Lond. 1586. nor patronized by our Princes farther then the Laws and their case as represented by them did allow If the Laws of the Land saith Dr. Bilson speaking of the French the Scottish and the Holland Civil wars do not permit them to guard their lives when they are assaulted with unjust force against law we will never excuse them from rebellion And a little after for my part I must confess saith he that except the Laws of those Realms do permit the people to stand on their right if the Prince would offer that wrong I dare not allow their arms And another treating of the same example saith Quarum injuriarum atrocitates Abbot de Antichrist cap. 7. n. 5 6. occasionem fortè dederunt bello civili dum vim vi propulsant tantummodo qui contra jus fasque indignissimè habiti id sibi per patrias LEGES licere judicarunt The horribleness of which injuries saith he peradventure gave occasion to the Civil war whilst they do only repell force by force and who contrary to all right and equity were treated most unworthily and did judge that they might do so by the Laws of their Country And again Hîc verò politica res agitur quid principi juris in subditos per leges cujusque Reip. fundatrices permissum sit The question here saith he is matter of Civil policy viz. What power the Prince hath over his subjects by the fundamental Laws of each Common-wealth So that we see they defended these actions of the Protestants abroad so far only as they were legal This for their cause But as to ours the former Authour shews it to be different The German Emperour saith he is elected and his power abated by the liberties of the Princes Bils of Subj and Rebel part 3. p. 277. But the Queen of England hath one and the same right over all her subjects be they NOBLES or others You see he makes our cause and case Kings of Engl laws and allegiance to differ from the former CHAP. VII Reply to certain general Reasons for the War Scripture and Reason for defence of Arms a Book so called AND now to draw towards an end of this first point the War The defences made in the justification of the War they are of three sorts from Scripture from Law and from Reason Those from Scripture and Law have been replyed to before SECT I. Law TO those from Reason laid down in the Book quoted in the Margin a seven fold errour more especially hath miscarried the Authours though men otherwise of Learning and Piety first in mistaking the word Law They seem to take the word Law to signifie only the agreements pactions and rules established by mutual consent betwixt Prince and people and make this only to be the ground of subjection and of commanding So that what is beyond it is no way obligatory either to be performed or suffered under farther then necessity and the want of power to resist doth enforce But they forget that there is another and superiour Law viz. that of God's Soveraignty oftentimes appointing an Invader or an Usurper or a Tyrant to rule for the punishment of a people Whose will only is the Law and whom God will have obeyed by all subjects in things lawful and not resisted in things unlawful So he appointed Nebuchadnezzar Jer. 25.15 not onely to rule over the Jews but over all the Nations there mentioned and they are enjoyned to obedience unto him So Hos 13.11 Hos 13.11 Jeroboam and the following Kings over the ten Tribes in his wrath as himself saith or even over all Israel as Saul who is understood to be pointed at in that Text. And of their Kings 't is expresly said they should onely be able to cry out in that day which by their practise 1 Sam. 8.18 may be understood that they should be allowed to do no other For else why joyned they not with David or why did not David himself resist him but always fled from him And the punishment of all those subjects that rebelled in the
〈◊〉 〈◊〉 〈◊〉 〈◊〉 high detonations and thundrings Of it what the Antients thought we shall hear from Austin Aug. contr Epist Parm. l. 3. c. 2. Consilia separationis inauia sunt pernitiosa atque sacrilega quia impia superba sunt Thoughts saith he of separation are vain and pestilent yea sacrilegious because they are ungodly and presumptuous Tom. 7. part 1. And one half of a whole Tome of his is on this Argument 2. But more especially Five things in the Church pretended as grounds of separation There are five things in the Church from whence there might be pretended ground of separation viz. the Doctrine the Worship the Assemblies the Discipline and the Government Now there are against them Exceptions both general and particular First generally in no less than seven accusations First that many things in ●hem are unnecessary 1. General exceptions against them Secondly inconvenient and of ill consequence to the Church Thirdly for their rise but human inventions Or fourthly at the best but Apocryphal not Scriptural Yea fifthly Popish superstitions and taken out of the Mass-book Moreover sixthly such as are not established by the Laws of this Church and Nation Seventhly and lastly that there is an engagement for the removing or reforming of them all in the late Solemn League and Covenant I might for answer unto all these as also to the particular exceptions against any of the premises and the matter of them refer the Reader unto that elaborate and in my judgment unanswerable work of the learned Hooker In which Argument I may truly say of him Prefat in Ecles polit n. 2. as he doth of Calvin in reference to his Commentaries and Institutions viz. In which whosoever after him bestowed their labour he gained the advantage of prejudice against them if they gain-said and of glory above them if they consented So fully hath he therein vindicated the Worship and Discipline of this Church Colon. in Compend Calv. Inst in prefat And therefore Quem tu studiosa juventus Nocturnâ versate manu versate diurnâ To be commended to the diligent perusal of all that love the peace of this Jerusalem But because new pens must be apposed to Neoterick Opponents and my Argument engages me I shall speak something SECT I. Unnecessary TO begin with the first viz. That many things in them are unnecessary For answer Answ It should be considered that 't is easie for private men Private men and those in a lower station to mistake in judging of the motions of superior Orbs and Intelligences A man that stands upon the Watch-tower and such are publick persons sees what those should do who are beneath him Ezek. 3.17 and what is necessary better than a wiser man that is below The reason is that men of inferior place are not assisted with the advantage of so much information with the presence and general view of so many things nor ordinarily with that measure of the Spirit as being to act both in a narrower and a lower sphere which God doth usually Publick persons and as it were pro formâ communicate unto men of higher place who for the good of mankind and of his Church doth commonly furnish men according to the places he calleth them unto 1 S●m 10.6 Saul being appointed King was forthwith indued with another spirit So the High Priest that crucified the Lord Jesus Joh. 11.51 uttered a mysterious and most precious Oracle touching the extent of the death of Chr●st for all the children of God scattered abroad in all Nations And 't is expressly added Being the High priest that year as representing the cause And a divine sentence saith Solomon is in the mouth of the King Prov. 16.10 his lips do not transgress in judgment Now if he assisted the former and such like How much more then is he the Author of those Laws injoyning what is necessary in his Church which have been made by his Saints indued further with the heavenly grace of his Spirit and directed as much as might be with such instructions R Hook Eccles pol. lib. 3. sect 9. as his sacred Wo●d doth yield saith my Author And I may add and several of whom have laid down their lives for his truth SECT II. Inconvenient and of ill consequence A Second general Exception against the premises is that they are Inconvenient and of evil consequence first scandalous to the weak occasions of silencing able Ministers and of troubling many good people To the first Answ Scandal what Rom. 14.21 13. 1 Cor. 8.9 scandal is not that which some persons may be offended at but properly that which makes our brother to offend and stumble as it is implicitely described by the Apostle Now the things we speak of are for the keeping of them from falling and in the right way If any will censure before he see and understand the matter we must object unto them the Apostles own practise who did bo●h circumcise Act. 16.3 with Gal. 2.3 5. and refuse also to circumcise yea and sacrifice too as he saw it made for more general edification Though it could not be without offence to some both Jews and Gentiles Act. 21.26 and seem'd unto them scandalous insomuch that the Apostles at Jerusalem perswaded him to use certain of the legal Ceremonies and to sacrifice for the satisfying of some that were so prejudiced against him To the second 2. Able Ministers silenced That the premises are occasions that some able Ministers not conforming are silenced They must remember that it is not the goodness of the timber nor bigness of the piece that makes it useful for the building but its fitness If it be knotty or crooked or otherwise unproportionable a less and of meaner stuff may do better When the Apostle saith 2 Cor. 11. that certain Ministers were transformed into Angels of light doth he not imply that they were men both of parts great and piety very specious and yet for the rents that they made in the Churches calleth them the ministers of Satan and else-where wisheth Gal. 5. that they were cut off It is not the skill of a soldier nor his courage but his obedience unto government that makes him capable of an Office Metall without breaking makes the Horse to cast h●s Rider And St. Austin Contra Parmen l. 1. c. 1. when he commends Tichonius the Donatist as hominem acri ingenio praeditum uberi eloquio himself a man in●ued with a sharp wit and fluent eloquence Rom. 16 1● would not yet have had him his Colleague at Hippo for men by sweet preaching as was noted before may cause such divisions in the Church that the brethren may be warned to beware of them And it will lie at their own and not at the Churches dore if their Talent have been wrapped up in a napkin And it had been better both for this Church and Nation
of the other Ubi videbat cruentum facinus Idem ibid. cap. 1. ibi rursum timebat reatum perjurii Ne Deum offenderet pe●erando Deum offendit saeviendo Where he saw a bloody villany there he feared the guilt of perjury and lest he should offend God by forswearing there he offended God by cruel murdering saith the same Author Subsect 2. What the Covenant obligeth to THus far hath been shewen that the Covenant in reference to the performance of the contents of it bindeth not Yet doth it bind and oblige very strongly For Ecce sanctus David non quidem juratus sanguinem hominis fudit sed eum falsum jurasse negare quis poterit de duobus peccatis elegit mi●us sed minus fuit illud in conparatione majoris Nam per seipsum appensum magnum malum est falsa juratio Behold holy David Aug. ubi supra cap. 3. he would not shed a mans blood though he had sworn it But who can deny but that he was forsworn of two evils he chose the least It was indeed the least in comparison of the greater but else of it self false swearing is a great sin Saith the same St. Austin Now great sins do bind and oblige unto deep repentance As Paul in another case 2 Cor. x2 ult I must bewail saith he those that committed these lasciviousnesses and have not repented Job 42. We must as Job did after he had spoken words that he understood not to God even abhor our selves and repent in dust and ashes And with the blessed Apostle we must be humbled as oft as we reflect upon it and think the worse of of our selves as long as we live as he did for his sin though not committed in light as ours was 1 Cor. 15. I am not worthy saith he to be called an Apostle because I persecuted the Church of God So every one of us I am not worthy to be called a Christian a subject of the Kings or a son of the Church because I entred into this Covenant But yet with his comfort and some kind of recompence where he had cone the wrong viz. Yet by the grace of God I am what I am that is a penitent and a convert and as a token of it I laboured more abundantly then they all that had not so offended As 't is also prophesied in this cause some should do Eicon Basilic Medit. 27. Prov. 24.21 22. And let us for the future fear God and the King and not meddle with them that are given to change the government of Church and State for their destruction hath come suddenly and who foreknew the ruine of them both i. e. those that have both deserted God in his Church and the King in the State and Common-wealth Prov. 1.10 And if hereafter sinners in that kind entice thee consent thou not no though they should say Come we will have all one purse For they lay wait for their own blood as we have seen And let us not deceive our selves one horn of this dilemma will wound us Either the Covenant is to be literally kept or else repented of Remember palliations expositions and evasions here will do no good Prov. 28.13 Psal 32. Numb 32.23 For he that covereth this sin shall not prosper And whilst we hold our peace our bones will consume through Gods heavy hand upon us And our sin will find us out For there is no darkness nor shadow of death Job 34.22 where the workers of iniquity may hide themselves saith Elihu And thus far of the general exceptions against the Doctrine Worship Discipline and Government of the Church of England viz. That they are unnecessary inconvenient humane inventions Apocryphal Popish not established by Law And an Engagement and Covenant for the removing or reforming of them CHAP. III. Grounds of Separation and Exceptions particular against the Matter of the Premises SECT I. Against the Articles or Doctrine 2. Exceptions particular against the matter of the premises Independents excepts not Apologet. narrat pag. 29. PRoceed we now unto the Exceptions particular namely against the matter of the Doctrine Worship Assemblies Discipline and Government And first of those against the Articles or Doctrine The Independent or dissenting Brethren acknowledge That in the review and examination of the Articles of our Church so are their words our judgments say they have still concurred with the greatest part of our Brethren neither do we know wherein we have dissented Some Presbyters now do But certain of the Presbyterian Brethren do dissent and object against them first doubtfulness secondly error thirdly tyranny in the act requiring subscription Necessity of Reform pag. 1. c. 1. Doubtfulness and fourthly defectiveness and imperfection First doubtfulness because in the book of Articles now printed and ever since 10 Carol. 1. there is a declaration of his late Majesty to the Articles to this effect 1. That those Articles contain the true Doctrine of the Church of England agreeable to Gods Word 2. That the Clergy upon just occasion may have liberty from the King Kings deelar before the Articles under the Broad Seal to deliberate on such things as make for the establishment of the same doctrine yet so that no varying in the least degree should be endured 3. That no man should put his own sense upon them but take the Articles in the literal and grammatical sense pag. 2. whence the Brethren infer that by this Declaration no Minister shall have liberty to interpret any one of these Articles And therefore they will remain doubtful But first Answ 1 this doubtfulness is not per se and in the Articles themselves but per accidens and in reference to this declaration Again though they are proh●bited to put any Answ 2 new sense as the King speaks or their own sense as the Judge in Smiths case Necessity of Reform p. 5. yet are they not forbidden to explain the literal and grammatical sense The Scripture in the fundamentals of salvation also the Laws and Acts of Parliament are so to be taken and yet Divines there and Judges here have ever been allowed to open those senses or else the one must not preach nor the other declare Law Thirdly when unto that liberty Answ 3 granted to the Clergy there is this restraint expresly put upon it viz. That from the Doctrine established the least varying shall not be endured and that nothing shall be concluded contrary to the Laws and Customs of the Land is there not a fair assurance that the present doctrine shall remain fixed and that if any heterodox sense shall be put upon them it shall be lawful to oppose the literal and grammatical sense whether in the Article or Explication Fourthly when the Declaration Answ 4 saith We will that all further curious search be laid aside and these disputes shut up in Gods promises as they be generally set forth unto us in the holy
displeased God so sore and filthily defiled his holy house and his place of prayer Which last words the Brethren refer to piping singing and playing on Organs Whereas 't is evident that passage hath respect especially to that before where it spake of Images Idols Altars with gross and filthy corrupting the Lords holy Supper and the Gazeing sights Again It condemneth not all piping singing or playing on Organs but such as they were wont to have which was both superstitious for kind and too much for quantity Matth. 6. He that forbad us to pray as the Heathen either for babling or length did not forbid us to pray soberly and upon just occasion largely Thirdly If you take all in concreto and together then singing is also condemned by the Homily for it is ranked with piping and Organs Therefore it must be understood with the former restriction such singing as was then and so such piping such organing namely such as took up so much time and was fitted more to please the fancy than for godly delight and spiritual excitation of the affection and edification Lastly The Composers of these Homilies were Bishops the Homil. were approved by Bishops and by Princes and Parliaments who had Organs and singing in their Chappels and Cathedrals besides the Royal Chappel And therefore cannot be understood to condemn that thing in Doctrine which themselves did allow in practise unless we should compare them to him * Deletum in Autographo repositum ab operis who having an Altar in his Chappel yet wrote strenuously for The holy Table Name and Thing This detorting therefore of mens words against their scope and meaning by the Brethren savours of their folly who as he speaks Job 13.7 will lie for God which he as little owns as stands in need of To the last The Bishops omitting the Pastoral Staff which by the 2 Edw. 6. he is enjoyned to have in his hand or to have it born by his Chaplain First the Common-prayer in the Rubrick referrs to that Act of 2 Edw. 6. onely in respect of ornaments to be used in the time of the Communion Rubrick before the Confession of sins and other times of his Ministration not to other things or times as this which is an ornament to themselves which for humility's sake they have omitted and to avoid ostentation but this is no example for othe●s to neglect the things that concern the more immediate worship of God In the former things the Law gives it as a priviledge in these it puts it on as an obligation A Knight shall wear his Spurs and Sword that is he may but He shall serve the King in his Wars that is he must I shall end this discourse with that which Austin ended his de Ritib Ecclesiae concerning the Ceremonies of the Church Ep. 119. Januar cap. ult Sic itaque adhibeatur scientia tanquam machina quaedam per quam structura charitatis assurgat quae maneat in aeternum etiam cùm scientia destruetur quae ad finem charitatis adhibita multum est utilis per se autem ipsam sine tali sine non modo superflua sed etiam pernitiosa probata est Let us therefore so make use of knowledge as we would do of an Engine by which the building of Charity may be raised which abideth for ever even when Knowledge shall be destroyed Which knowledge when it is applyed to charity is very useful that of it self without such an end and use is not onely found to be a supersluous but even a pernitious matter Saith this Father I add Vade tu fac similiter And thus we have found mighty and vehement informations K. James Proclamation for the uniformity of Com. prayer supported with so weak and ssender proof as it appeareth unto Us and Our Councel that there was no cause why any change at all should be made in that which was most impugned the Book of Common-prayer neither in the Doctrine which appeared to be sincere neither in the Forms and Rites which were justified out of the practice of the Primitive Church saith King James I conclude with an Admonition an earnest Suit 1. An Admonition and an humble Supplication My Admonition is to all first that they beware lest this * Let not every wanton Wit be permitted to bring what fancies he list into the Pulpit c. Dr. Ushers Serm. before the Commons Feb. 18. 1620. pag. 6. Exod. 32. Amos 8.11 wantonness arising from spiritual fulness as it is in the bodily They ate and drank and then rose up to play be not punished with a famine not of bread and water but of hearing the Word of God either in the letter or in the saving power of it and of enjoying his holy Worship Next That they would apply to this in its proportion what one of the learned Professors of Tigur hath concerning the Scripture on an occasion of the curiosities of some about that Quis enim alius in Scripturis praeter Dei cognitionem fidem vitae nostrae officium scopus nobis esse vel possit vel debeat non video * R. Gualter presat in 3. Tom. operum Zuinglii VVhat things we are to aim at in reading of Scripture More then the knowledge of God Faith and the duties of our life what other end we should aim at in Scripture I say or in a confession of faith and form of Worship I see not Now these by the Articles and Liturgy as they are that we have as plentifully enjoyed as any other Church is acknowledged by other Churches as shall appear and is on all hands owned My earnnest suit is unto these Brethren 2. A Suit Isa that now labour of this Book that they would not travell to bring forth but wind That they would consider the water is now troubled on both sides the penny in the bottom will not be seen That in paring of the nails too near there is peril of cutting of the flesh And that if any thing in it self considered may need amendment yet as in some diseases at least in some remedies Medicina est morbo pejor The medicine worse than the malady Plutarch de sanitat inenda non procul à fine According to that of the Philosopher Longissimè a recta ratione absunt qui ejiciendorum è corpore redundantium humorum causa qui familiares corpori sunt consueti in corpus inficiunt coccos Gnidios scammoniam aliaque medicamenta a temperie corporis aliena saeva Accustomed humors though not so good in the body are yet better grapled with then scammony 3. An humble Supplication unto Authority Isa 49. Revel 12. My humble supplication is to those who are in power if so be that this voice shall by any eccho ascend their ears That they would be as 't is promised nursing fathers unto this child-birth of the Church That they would be as a wall to
this Vine that it may grow up and flourish and as a sense unto this Vineyard full of choice plants both from breaking in upon it by odious calumnies and from others breaking out and making it but a stalking-horse to shoot at further game That they would preserve it sarta tecta which hath for its matter the sacred Doctrine for form the divine Worship for use both a Sanctuary for a godly soul and a Bulwark against the lesser Vermine and greater beasts of Separation and Popery And in a word hath been consecrated unto us and came swimming in the bloood of Martyrs and sealed by the holy Ghost unto our hearts and by the presence of God on our outward blessings Finally Act. 5.6 Edw. 6. 1 Eliz. 1. That they would please to reflect on and revive that wherein the Kings most excellent Majesty the Lords Temporal For establishing the Book of Common-prayer and all the Commons in this present Parliament assembled doth in Gods Name earnestly require and charge all the Arch-bishops Bishops and other Ordinaries that they shall endeavour themselves to the uttermost of their knowledge that due and true execution hereof for establishing the Liturgy may be had throughout their Diocesses and Charges Note as they will answer before God for such evils and plagues wherewith Almighty God may justly punish his people for neglecting this good and wholesome Law I have done with the two first the Doctrine and Worship the Articles and Liturgy CHAP. VI. Of the Assemblies their matter and mixture SECT I. The means of preserving them from corruption COme we to the third that is the Assemblies the impurity whereof is a grand motive unto Independents and Separation wherein the Church is clear the guilt must lie either on the negligence of persons entrusted or the necessity of times and the condition of the Church The Laws The Laws do meet with all both criminal and penal offences and evils if these be executed there can be no notorious offendors And there are but two things necessary to preserve an Assembly pure Instruction and Correction or Discipline upon offendors Now the Church hath strictly appointed Catechism through all the grounds of Christian Religion prohibiting any to come unto the Lords Table Rubrick after the Confirmation who cannot give an account of them and for the better ripening thereunto hath ordained confirmation as a preparative And for Discipline to preserve the Congregation pure the Rubrick before the Order of the Holy Communion hath these words So many as intend to be partakers of the Holy Communion Rubrick before the Communion shall signifie their names to the Curate c. And if any of those be an open and notorious evil liver or have done any wrong the Curate having knowledge thereof shall advertise him in any wise not to presume to the Lords Table until he have openly declared himself that he hath repented truly and amended and that he have recompensed the party whom he hath wronged or at the least declare himself to be in full purpose so to do The same order shall the ●urate use with those betwixt whom he perceiveth malice and hatred to reign NOT SVFFERING them to be partakers of the Lords Table until he KNOW them to be reconciled Wherein you see there is full provision made for the purity of the Church The Authors of necessity of Reformation pag. 48. say of this Rubrick for its fulness in point of Discipline What is this but as much and as high Jurisdiction as any Bishop can use in that particular Object But I am not ignorant that this Rubrick hath not served for a Plea at all seasons Cases may so fall out Respons that summum jus may be summa injuria and as in the Civil so in the Ecclesiastical Judicatories there may be cause to fly to the Courts of Equity for the moderation of the rigor of the letter of the Law But the intention of the Church is plain and if it can not always attain its end yet Est aliquid prodire tenus Independents Acknowledgement si non datur ultra Yea and the congregational Brethren themselves acknowledge That whatsoever defilements they apprehended in the Worship or Government of the Church yet it did never work in them any other thought much less opinion but that MULTITUDES of the Assemblies and PAROCHIAL Congregations Apologet. narrat pag. 6. were the true Churches and Body of Christ And again in the same page We always have professed and that in these times when the Churches of England were the most either actually overspread with defilements or in the greatest danger thereof that we both did and would hold a COMMUNION with them as CHURCHES of Christ Which reminds me of a speech of one in his dealing with persons of these Principles Aug. contr Parmen lib. 1. cap. 8. Et adversum nos loquuntur nobiscum loquuntur cum eos obmutescere compellat veritas silere non permittit iniquitas that is They speak against us and they speak for us and when truth constraineth them silence yet their iniquity will not let them hold their peace But touching the purity of the Assemblies it is no doubt with the Church in this life as it is with every member of it who if sensible hath cause deeply to cry out with the Apostle under the sense of the mixtures of corruption Wretched man that I am who shall deliver me from this body of death Rom. 7. Would we have mixtures born with in our selves if Hanc veniam petimus demus vicissim let us yield it to the Body especially seeing we have for our warrant not onely the state of the Jewish Church which in its greatest Apostacy was owned by the Lord as his Spouse and the Members of it for his Children Where is the bill of your mothers divorcement Isa 50.1 Ezek. 16.20 And thou hast taken my children which thou hast born unto me and offered them to idols Neither is it sufficient here to say Robins Apol. for Separat cap. 12. That this Church was holy in Abraham and also a typical one for it was to be holy in it self and a real Church too as well as typical for they did eat the same spiritual meat c. 1 Cor. 10. And the Catholick Church comprehends the Jewish as well as that which is Christian properly as is truly asserted in the seventh Article of the Confession of the Church of England We have not onely this president but also the example of our Lord and Saviour who communicated with that Church and did not gather another out of it till the consummation of that Polity and till they had declared themselves open adversaries to the scope of Scripture both in Doctrine and Worship In the mean time both going up to their feasts and commanding his Hearers to attend upon the Doctrine of their Teachers Mat. 23.2 3. and himself living and dying a member
King James's Proclamation for Uniformity of Common-prayer prefixed to some Editions of the Liturgy which by Law was established in the daies of the late Queen of famous memory blessed with a peace and prosperity both EXTRAORDINARY and of many years continuance A STRONG evidence that God was therewith well pleased The importunity of the complainers was great their affirmations vehement and the zeal wherewith the same did seem to bee accompanied very specious And they began such proceedings as did rather raise a scandal in the Church than take offence away and did other things carrying a very apparent shew of Sedition Upon this double experience when such motions of change were made to him hee * In his Proclamation for unity of Common-Prayer and confer H. Court crushed the chicken here in the shell lest it being hatched by indulgence might pick out his eyes as it did afterward some others and did well King Charls His Majesties Father yeelded in these things to Scotland but doth not obscurely bewail it If any saith hee speaking of Episcopacy shall impute my yeelding to them my failing and sin Icon. Basilic medit 17. p. m. 156. I can easily acknowledge it On the issue whereof no man can without horrour reflect Now Faelix quem faciunt aliena pericula cautum O happy hee whom others failings make Wise to become and by them warning take But it may be times are different and am I made of the Kings Counsel I conclude all 2 Chron. 25.16 Erasm in Epist Hieron ad Heliodor Tom. 1. Ep. 1. in Antidot advers calumniam first with that of Erasmus Ad haec video esse non-nullos hujuscemodiingenio ut cùm apicula ad omnem flosculum ad omnem advolans fruticem tantum id excerpat quod ad mellificium sit conducibile ipsi solum hoc venentur si quid sit quod aliquo pacto Calumniari possint His mos est è toto libro quatuor aut quinque verba decerpere atque in eis calumniandis ostendere quantum ingenio polleant Non animadvertunt quibus temporibus cui Causes of calumniating of an Author qua occasione quo animo scripserit ille Neque conferunt quid praecesserit quid sequatur quid alio loco eadem de rescripserit Tantum urgent ac premunt quatuor illa verba ad ea machinas omnes admovent Syllogismorum detorquent depravant aliquoties non intellecta calumniantur That is I perceive saith Erasmus that some men are of that disposition that whereas the little Bee flyes to every flower and to every green thing onely that it may gather that whereof it would make honey these men only hunt after that which they may rail at The custome of such men is out of a whole book to cull out four or five words and in reviling of them to shew what abilities they have They consider not in what times the Author wrote nor to what persons nor upon what occasion nor with what intention Nor do they compare what went before with what follows after what hee said of the same matter in another place Onely they urge those four words they wrest they deprave and sometimes reproach what they understand not Thus far hee Next with that elegant and prudent observation absit invidia verbo of our late Soveraign upon this same Argument Icon. Basilic Medit. 27. To His Majesty that now is Not but that saith hee the draught being excellent as to the main both for Doctrine and Government in the Church of England some liues as in very good figures may happily need some sweetening or polishing Which might have easily been done by a safe and gentle hand if some mens praecipitancy had not violently demanded such rude alterations as would have quite destroyed all the beauty and proportion of the whole Thus the King The close of all Dr. Usher L. Primate of Armagh Serm. before the H. of Com. Febr. 18. 1620. pag. 6 7. Rom. 16.17 I seal up all with the grave admonition of a Primate Bishop and the Authentique Decision of this case by a Prince of Kings Let not every wanton wit saith the former to one of the Houses of Parliament bee permitted to bring what fancies hee list into the pulpit and to disturb things that have been well ordered I beseech you Brethen saith the Apostle mark them which cause divisions and offences contrary to the Doctrine which yee have learned and avoid them Howsoever wee may see cause why wee should dissent from others in matter of opinion yet let us remember that that is no cause why wee should break the Kings Peace and make a rent in the Church of God A thing deeply to bee thought of by the Ismaels Ismaels of our time whose hand is against every man Gen. 16.12 and every mans hand against them who bite and devour one another until they bee consumed one of another Gal. 5.15 who forsake the fellowship of the Saints and by sacrilegious separation break this bond of peace Little do these men consider how precious the Peace of the Church ought to be in our eyes to bee redeemed with a thousand of our lives and of what dangerous consequence the matter of Schism is unto their own souls For howsoever the Schismatick secundum affectum as the Schoolmen speak in his intention and wicked purpose taketh away unity from the Church even as hee that hateth God taketh away goodness from him as much as in him lyeth yet secundum effectum in truth and in very deed hee taketh away the unity of the Church onely from himself that is hee cutteth himself off from being united with the rest of the body and being dissevered from the body how is it possible that hee should retain communion with the head Thus that most learned Primate Note for whom the Brethren seem to have a special reverence in recommending of his Model of Episcopacy Necessit Reform p. 53. Wherein yet hee did propound but not prescribe his ●udgement according to that Seneca Illi qui in his rebus nobis praecesserunt non Domini sed Duces nostri sunt or as the Apostle as a helper 2 Cor. 1.24 not as a Lord over the Faith of the Church in this particular but especially as respecting the time when more could not well bee hoped for The last word as 't is meet shall bee the Kings and 't was his deciding one in these controversies after hearing of all debates about them at the conference at Hampt Court Proclamat for authorizing the book of Com. prayer at the close And last of all saith hee wee do admonish all men that herereafter they shall not expect nor attempt any further alteration in the common and publick form of Gods service from this which is now ESTABLISHED For that neither will wee give way to any to presume that our own judgement having determined in a matter of this weight shall bee sweighed to