their Authority and power in Spiritual matters from no other hands than those of Christ and his Apostles their Temporal honours and possessions from the bounty and affection only of our Kings and Princes their Ecclesiastical jurisdiction in causes Matrimonial Testamentary and the like for which no action lieth at the common Law from continual usage and prescription and ratified and continued unto them in the Magna Charta of this Realm and owe no more unto the Parliament than all sort of Subjects do besides whose Fortunes and Estates have been occasionally and collaterally confirmed in Parliament And as for the particular Statutes which are touched upon that of the 24 H. 8. doth only constitute and ordain a way by which they might be chose and consecrated without recourse to Tome for a confirmation which formerly had put the Prelates to great charge and trouble but for the form and manner of their Consecration the Statute leaves it to those Rites and Ceremonies wherewith before it was performed and therefore Sanders doth not stick to affirm that all the Bishops which were made in King Henries days were Lawfully and Canonically ordained and consecrated the Bishops of that time not only being acknowledged in Queen Maries days for lawful and Canonical Bishops but called on to assist at the Consecration of such other Bishops Cardinal Pool himself for one as were promoted in her Reign whereof see Masons Book de Minist Ang. l. c. Next for the Statute 1 E. 6. cap. 2. besides that it is satisfied in part by the former Answer as it relates to their Canonical Consecrations it was repealed in Terminis in the first of Queen Maries Reign and never stood in force nor practice to this day That of the Authorizing of the Book of Ordination in two several Parliaments of that King the one à parte ante and the other à parte post as before I told you might indeed seem somewhat to the purpose if any thing were wanting in it which had been used in the formula's of the Primitive times or if the Book had been composed in Parliament or by Parliament-men or otherwise received more Authority from them then that it might be lawfully used and exercised throughout the Kingdom But it is plain that none of these things were objected in Queen Maries days when the Papists stood most upon their points the Ordinal being not called in because it had too much of the Parliament but because it had too little of the Pope and relished too strongly of the Primitive piety And for the Statute of 8 of Q. Elizabeth which is chiefly stood on all that was done therein was no more than this and on this occasion A question had been made by captious and unquiet men and amongst the rest by Dr. Bonner sometimes Bishop of London whether the Bishops of those times were lawfully ordained or not the reason of the doubt being this which I marvel Mason did not see because the book of Ordination which was annulled and abrogated in the first of Queen Mary had not been yet restored and revived by any legal Act of Queen Elizabeths time which Cause being brought before the Parliament in the 8th year of her Reign the Parliament took notice first that their not restoring of that Book to the former power in terms significant and express was but Casus omissus and then declare that by the Statute 5 and 6 E. 6. it had been added to the Book of Common-prayer and Administration of the Sacraments as a member of it at least as an Appendant to it and therefore by the Statute 1 Eliz. c. 2. was restored again together with the said Book of Common-prayer intentionally at the least if not in Terminis But being the words in the said Statute were not clear enough to remove all doubts they therefore did revive now and did accordingly Enact That whatsoever had been done by virtue of that Ordination should be good in Law This is the total of the Statute and this shews rather in my judgment that the Bishops of the Queens first times had too little of the Parliament in them than that they were conceived to have had too much And so I come to your last Objection which concerns the Parliament whose entertaining all occasions to manisest their power in Ecclesiastical matters doth seem to you to make that groundless slander of the Papists the more fair and plausible 'T is true indeed that many Members of both Houses in these latter Times have been very ready to embrace all businesses which are offered to them out of a probable hope of drawing the managery of all Affairs as well Ecclesiastical as Civil into their own hands And some there are who being they cannot hope to have their sancies Authorized in a regular way do put them upon such designs as neither can consist with the nature of Parliaments nor the Authority of the King nor with the privileges of the Clergy nor to say truth with the esteem and reputation of the Church of Christ And this hath been a practice even as old as Wickliffe who in the time of K. R. 2. addressed his Petition to the Parliament as we read in Walsingham for the Reformation of the Clergy the rooting out of many false and erroneous Tenets and for establishing of his own Doctrines who though he had some Wheat had more Tears by odds in the Church of England And lest he might be thought to have gone a way as dangerous and unjustifiable as it was strange and new he laid it down for a position That the Parliament or Temporal Lords where by the way this ascribes no Authority or power at all to the House of Commons might lawfully examine and reform the Disorders and Corruptions of the Church and a discovery of the errors and corruptions of it devest her of all Tithes and Temporal endowments till she were reformed But for all this and more than this for all he was so strongly backed by the Duke of Lancaster neither his Petition nor his Position found any welcome in the Parliament further than that it made them cast many a longing eye on the Churches patrimony or produced any other effect towards the work of Reformation which he chiefly aimed at than that it hath since served for a precedent to Penry Pryn and such like troublesome and unquiet spirits to disturb the Church and set on foot those dreams and dotages which otherwise they durst not publish And to say truth as long as the Clergy were in power and had Authority in Convocation to do what they would in matters which concerned Religion those of the Parliament conceived it neither safe nor fitting to intermeddle in such business as concerned the Clergy for fear of being questioned for it at the Churches Bar. But when that Power was lessened though it were not lost by the submission of the Clergy to K. H. 8. and by the Act of the Supremacy which ensued upon it then did the Parliaments
sometimes to pass by a Statute with a non obstante as in the Statute 1 Hen. IV. cap. VI. touching the value to be specified of such Lands Offices or Annuities c. as by the King are granted in his Letters patents But these will better come within the compas of those jura Majestatis Cambden in Brit. or rights of Sovereignty which our Lawyers call sacra individua Sacred by reason they are not to be pried into with irreverent eyes and individual or inseparable because they cannot be communicated unto any other Of which kind are the levying of Arms Case of our Affairs p. suppressing of tumults and rebellions providing for the present safety of his Kingdom against sudden dangers convoking of Parliaments and dissolving them making of Peers granting liberty of sending Burgesses to Towns and Cities treating with forein States making War Leagues and Peace granting safe conduct and protection Indenizing giving of Honour Rewarding Pardoning Coyning Printing and the like to these But what need these particulars have been looked into to prove the absoluteness and sovereignty of the Kings of England when the whole body of the Realm hath affirmed the same and solemnly declared it in their Acts of Parliament 16 Rich. 2. c. 5. In one of which is affirmed that the Crown of England hath been so free at all times that it hath been in no earthly subjection but immediatly to God in all things touching the regality of the said Crown and to none other And in another Act that the Realm of England is an Empire governed by one Supream Head and King having the Dignity and Royal Estate of the Imperial Crown of the same unto whom a Body politick compact of all sorts and degrees of people divided in terms and by names of Spiritualty and Temporalty be bounden and ought to bear next to God a natural and bumble obedience 24 Hen. 8. c. 12. And more than so That the King being the supream Head of this Body Politick is instituted and furnished by the goodness and sufferance of Almighty God with plenary whole and entire power preheminence authority prerogative and jurisdiction to render and yield justice and final determination to all manner of Subjects within this Realm and in all causes whatsoever Nor was this any new Opinion invented only to comply with the Princes humour but such as is declared to have been fortified by sundry Laws and Ordinances made in former Parliaments Ibid. and such as hath been since confirmed by a solemn Oath taken and to be taken by most of the Subjects of this Kingdom Which Oath consisting of two parts the one Declaratory and the other Promissory in the Declaratory part the man thus taketh it he doth declare and testifie in his conscience that the Kings Highness is the only supream Governour of this Realm and of all other his Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as temporal c. And in the Promissory part 1 Eliz. c. 1. they make Oath and swear that to their power they will assist and defend all Jurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Kings Highness his Heirs and Successors or united and annexed to the Imperial Crown of this Realm Put all which hath been said together and it will appear that if to have merum imperium a full and absolute command and all the jura majestatis which belong to Sovereignty if to be so Supream as to hold immediatly of God to have all persons under him none but God above him if to have all authority and jurisdiction to be vested in him and proceeding from him and the material sword at his sole disposal for the correcting of offenders and the well ordering of his people if to have whole and entire power of rendring justice and final determination of all causes to all manner of Subjects as also to interpret and dispence with Laws and all this ratified and confirmed unto him by the solemn Oath of his Subjects in the Court of Parliament be enough to make an absolute Monarch the Kings of England are more absolute Monarchs than either of their Neighbours of France or Spain If any thing may be said to detract from this it is the new device so much pressed of late of placing the chief Sovereignty or some part thereof in the two Houses of Parliament concerning which Mr. Pryn published a discourse entituled The supreme power of Parliaments and Kingdoms and others in their Pamphlets upon that Argument have made the Parliament so absolute and the King so limited that of the two the Members of the Houses are the greater Monarchs But this is but a new device not heard of in our former Monuments and Records of Law nor proved or to be proved indeed by any other Medium than the Rebellions of Cade Tiler Straw Kett Mackerel Prynns book of Parl. c. pt 3. and the rest of that rascal rabble or the seditious Parliaments in the time of King Henry III. King Edward II. and King Richard II. when civil war and faction carried all before it For neither have the Houses or either of them enjoyed such Sovereignty de facto in times well setled and Parliaments lawfully assembled nor ever could pretend to the same de jure Or if they do as many have been apt enough to raise false pretences it would much trouble them to determine whether this Sovereignty be conferred upon them by the King or the People whether it be in either of the Houses severally or in both united If they can challenge this pretended Sovereignty in neither of these capacities nor by none of these titles it may be warrantably concluded that there is no such Sovereignty as they do pretend to And first there is no part nor branch of Sovereignty conferred upon them by the King The Writs of Summons which the Deelaration of the Lords and Commons assembled at Oxon. 1643. doth most truly call the foundation of all power in Parliament Declaration of the Trtaty p. 15. tell us no such matter The Writ directed to the Lords doth enable them only to confer and treat with one another consilium vestrum impendere and to advise the King in such weighty matters as concern the safety of the Kingdom But they are only to advise not compel the King to counsel him but not controll him and to advise and counsel are no marks of Sovereignty but rather works of service and subordination Nor can they come to give this Counsel without he invite them and being invited by his Writ cannot choose but come except he excuse them which are sure notes of duty and subjection but verry sorry signs of power and sovereignty 'T is true that being come together they may and sometimes do on a Writ of Error examin and reverse or affirm such judgments as have been given in the Kings Bench and from their sentence in the case there is
in their Convocations as well by the common assent as by subscriptions of their hands 5 6. Edw. 6. chap. 12. And for the time of Q. Elizabeth it is most manifest that they had no other body of Doctrine in the first part of her Reign then only the said Articles of K. Edward's Book and that which was delivered in the Book of Homilies of the said Kings time In which the Parliament had as little to do as you have seen they had in the Book of Articles But in the Convocation of the year 1562. being the fifth of the Q. Reign the Bishops and Clergy taking into consideration the said book of Articles and altering what they thought most fitting to make it more conducible to the use of the Church and the edification of the people presented it unto the Queen who caused it to be published with this Name and Title viz. Articles whereupon it was agreed by the Arch-Bishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London Anno 1562. for the avoiding of diversity of Opinions and for the establishing of Consent touching true Religion put forth by the Queens Authority Of any thing done or pretended to be done by the power of the Parliament either in the way of Approbation or of Confirmation not one word occurs either in any of the Printed Books or the Publick Registers At last indeed in the 13th of the said Queens Reign which was 8 years full after the passing of those Articles comes out a Statute for the Redressing of disorders in the Ministers of holy Church In which it was enacted That all such as were Ordained Priests or Ministers of God's Word and Sacraments after any other form then that appointed to be used in the Church of England all such as were to be Ordained or permitted to Preach or to be instituted into any Benefice with Cure of souls should publickly subscribe to the said Articles and testifie their assent unto them Which shews if you observe it well that though the Parliament did well allow of and approve the said Book of Articles yet the said Book owes neither confirmation nor authority to the Act of Parliament So that the wonder is the greater that that most insolent scoff which is put upon us by the Church of Rome in calling our Religion by the name Parliamentaria-Religio should pass so long without controle unless perhaps it was in reference to our Forms of Worship of which I am to speak in the next place But first we must make answer unto some Objections which are made against us both from Law and Practice For Practice first it is alledged by some out of Bishop Jewel in his Answer to the Cavil of Dr. Harding to be no strange matter to see Ecclesiastical Causes debated in Parliament and that it is apparent by the Laws of King Ina King Alfred King Edward c. That our Godly Fore-fathers the Princes and Peers of this Realm never vouchsafed to treat of matters touching the Common State before all Controversies of Religion and Causes Ecclesiastical had been concluded Def. of the Apol. part 6. chap. 2. sect 1. But the answer unto this is easie For first if our Religion may be called Parliamentarian because it hath received confirmation and debate in Parliament then the Religion of our Fore-fathers even Papistry it self concerning which so many Acts of Parliament were made in K. Hen. 8. and Q. Maries time must be called Parliamentarian also And secondly it is most certain that in the Parliaments or Common-Councils call them which you will both of King Inas time and the rest of the Saxon Kings which B. Jewel speaks of not only Bishops Abbots and the higher part of the Clergy but the whole Body of the Clergy generally had their Votes and Suffrages either in person or by proxie Concerning which take this for the leading Case That in the Parliament or Common-Council in K. Ethelberts time who first of all the Saxon Kings received the Gospel the Clergy were convened in as full a manner as the Lay-Subjects of that Prince Convocati Communi Concilio tam Cleri quam Populi saith Sir H. Spelman in his Collection of the Councils Anno 605. p. 118. And for the Parliament of King Ina which leads the way in Bishop Jewel it was saith the same Sr. H. Spelman p. 630. Communi Concilium Episcoporum Procerum Comitum nec non omnium Sapientum Seniorum Populorumque totius Regni Where doubtless Sapientes and Seniores and you know what Seniores signifieth in the Ecclesiastical notion must be some body else then those which after are expressed by the name of Populi which shews the falshood and absurdity of the collection made by Mr. Pryn in the Epistle to his Book against Dr. Cousins viz. That the Parliament as it is now constituted hath an ancient genuine just and lawful Prerogative to establish true Religion in our Church and to abolish and suppress all false new and counterfeit Doctrines whatsoever Unless he means upon the post fact after the Church hath done her part in determining what was true what false what new what ancient and finally what Doctrines might be counted counterfeit and what sincere And as for Law 't is true indeed that by the Statute 1 Eliz. cap. 1. The Court of Parliament hath power to determine and judge of Heresie which at first sight seems somewhat strange but on the second view you will easily find that this relates only to new and emergent Heresies not formerly declared for such in any of the first four General Councils nor in any other General Cuncil adjudging by express words of holy Scripture as also that in such new Heresies the following words restrain this power to the Assent of the Clergy in their Convocation as being best able to instruct the Parliament what they are to do and where they are to make use of the secular sword for cutting off a desperate Heretick from the Church of CHRIST or rather from the Body of all Christian people 5. Of the Reformation of the Church of England in the Forms of Worship and the Times appointed thereunto THIS Rub removed we now proceed unto a view of such Forms of Worships as have been setled in this Church since the first dawning of the day of Reformation in which our Parliaments have indeed done somewhat though it be not much The first point which was altered in the publick Liturgies was that the Creed the Pater-noster and the Ten Commandements were ordered to be said in the English Tongue to the intent the people might be perfect in them and learn them without book as our Phrase is The next the setting forth and using of the English Letany on such days and times in which it was accustomably to be read as a part of the Service But neither of these two was done by Parliament nay to say truth the Parliament did nothing in them All which was done in either of them
the Rectors as we call them of particular Churches Concil Tole Can. IV. Can. 25 26. and in the fourth Council of Toledo where we read of Presbyters ordained in paroeciis per paroecias for the use and service of particular Parishes And in this sense but specially indeed for a Countrey Parish the word is taken in an Epistle of Pope Innocentius Innocent lib. ad Decentium c. 5. in which Ecclesiae intra Civitatem constitutae the Churches situated in the City are distinguished plainly from Paroecias the Churches scattered in the Countrey Other Examples of this nature in the later Ages being almost infinite and obvious to the eye of every Reader I forbear to add So for the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which we English Diocess it signified at first that part or portion of the Roman Empire there being thirteen of them in all besides the Prefecture of the City of Rome as before was noted which was immediately under the command of the Vicarius or Lieutenant General of those parts And was so called of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth to Govern or Administer Isocrat ad Nicoclen as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Isocrates 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Demosthenes a Diocess being that part or portion of the Empire which was committed to the Government and Administration of some principal Officer In which regard the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or dioecesis when it was first borrowed by the Church from the civil State was used to signifie that part or portion of the Church which was within the jurisdiction of a Primate containing all the circuit of the civil Diocess as was shewed before the Primate being stiled ordinarily 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as in the Council of Chalcedon Concil Chalcedon Car. 9.17 Novel const 123. c. 22. the Patriarch of the Diocess in the Laws Imperial But after as the former 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 began to lose its former latitude in which it signified the whole command or Jurisdiction of a Bishop which we call a Diocess and grew to be restrained to so narrow a compass as the poor limits of a Parish so did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 grow less also than at first it was and from a Patriarchal Diocess Horat. de Arte. fell by degrees custom and use prevailing in it quem penes arbitrium est ju norma loquendi as the Poet hath it to signifie no more than what Paroecia had done formerly a Diocess as now we call it whereof see Concil Antioch cap. 9. Con. Sardicens cap. 18. Constantinop ca. 2. Chalcedon ca. 17. Carthag III. can 20. IV. can 36. So then the just result of all is this that the Bishops of the Primitive times were Diocesan Bishops though they are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by some ancient Writers and that in the succeeding Ages as the Church increased and the Gospel of our Saviour did inlarge its borders so did the Countrey Villages obtain the name of Parishes or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 having to each of them a Presbyter for the administration of the Sacraments for their instruction both in Faith and Piety whom at this day we call the Rector of the Church or Parish And with this Presbyter or Rector call him as you will must we now proceed who by this Institution I mean the setting out of Parishes in the Countrey Villages did grow exceedingly both in authority and reputation For whereas upon the setting out of Parishes Concil Neo-Caesar ca. 13. the Presbyters became divided into 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the City and the Countrey Presbyters each of them had their several priviledges the City Presbyters continuing as before the great Council of Estate unto the Bishop Concil Neo. ca. 13. and doing many things which were not suffered to be done by the Countrey Presbyters and on the other side the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Country Presbyters being more remote did many Ministerial Acts of their own authority which in the presence of their Bishop it was not lawful for them to have done And therefore I conceive the resolution of Bishop Downham in this case Defence of the Sermon l. 1. cap. 2. to be sound and good who telleth us That since the first distinguishing of Parisher and allotting of several Presbyters to them there hath been ever granted to them both potestas Ordinis the power of Orders as they are Ministers Et potestas jurisdictionis spiritualis seu internae a power of spiritual and inward jurisdiction to rule their flock after a private manner as it were in foro Conscientiae in the Court of Conscience as they are Pastors of that flock But because this allowance of a Jurisdiction in foro Conscientiae in the Court of Conscience seems not sufficient unto some who reckon the distinction of a Jurisdiction in foro externo Vindication of the Answ §. 9. in foro interno to be like that of Reflexius and Archipodialiter they do in this not only put the School-men unto School again in whom the like distinctions frequently occur but cross the best Divines in the Church of England who do adhere unto and approve the said distinctions And because many of both sorts may be found in one and that one publick's declared to be both Orthodox in doctrine and consonant in discipline to the Church of England by great Authority I will use his words Holy Table Ch. 3. A single Priest qua talis in that formality and capacity only as he is a Priest hath no Key given him by God or man to open the doors of any external Jurisdiction He hath a Consistory within in foro poenitentiae in the conscience of his Parishioners and a Key given him upon his institution to enter into it But he hath no Consistory without in foro causae in medling with Ecclesiastical causes unless he borrow a Key from his Ordinary For although they be the same Keys yet one of them will not open all these wards the Consistory of outward Jurisdiction not being to be opened by a Key alone but as you may observe in some great mens gates by a Key and a Staff which they usually call a Crosier This saith he I have ever conceived to be the ancient doctrine in this kind opposed by none but professed Puritans affirming further that all learned men in the Church of England do adhere unto it allowing the School-mens double power that of Order and that of Jurisdiction and the subdivision of this Jurisdiction into the internal and external appropriating this last to the Bishop only So he judiciously indeed and for the Authors by him cited both Protestant and School-Divines I refer you to him So then upon this setting out of Parishes the Presbyters which attended in the same had potestatem jurisdictionis a power of Jurisdiction granted to them in the Court of Conscience which needed not to have been granted before
the Lord Commissioners the Right of Sitting there 1. The Prebends Original Right 2. Their Derivative Right and lastly their Possessory Right Upon hearing the proofs on both sides it was ordered by general consent of the Lord Commissioners That the Prebends should be restored to their old Seat and that none should sit there with them but Lords of the Parliament and Earls eldest Sons according to the ancient custom After this there was no Bishop of Lincoln to be seen at any Morning-Prayer and seldom at Evening At this time came out the Doctor 's History of the Sabbath the Argumentative or Scholastick part of which subject was referred to White Bishop of Eli the Historical part to the Doctor And no sooner had the Doctor perfected his Book of the Sabbath but the Dean of Peterborough engages him to answer the Bishop of Lincoln's Letter to the Vicar of Grantham He received it upon good Friday and by the Thursday following discovered the sophistry mistakes and falshoods of it It was approved by the King and by him given to the Bishop of London to be Licens'd and Publish'd under the title of a Coal from the Altar In less than a twelve-month the Bishop of Lincoln writ an Answer to it Entituled The Holy Table Name and Thing but pretended that it was writ long ago by a Minister in Lincolnshire against Dr. Cole a Divine in the days of Queen Mary Dr. Heylyn receiv'd a Message from the King to return a reply to it and not in the least to spare him And he did it in the space of seven weeks presenting it ready Printed to his Majesty and called it Antidotum Lincolniense But before this he answered Mr. Burtons Seditious Sermon being thereunto also appointed by the King In July 1637. the Bishop of Lincoln was censured in the Star-Chamber for tampering with Witnesses in the Kings Cause suspended à Beneficio officio and sent to the Tower where he continued three years and did not in all that space of time hear either Sermon or publick Prayers The College of Westminster about this time presented the Doctor to the Parsonage of Islip now void by the death of Dr. King By reason of its great distance from Alresford the Doctor exchanged it for South-warnborough that was more near and convenient At which time recovering from an ill fit of Sickness he studiously set on writing the History of the Church of England since the Reformation in order to which he obtained the freedom of Sir Robert Cottons Library and by Arch-bishop Laud's commendation had liberty granted him to carry home some of the Books leaving 200 l. as a Pawn behind him The Commotions in Scotland now began and the Arch Bishop of Canterbury intending to set out an Apology for vindicating the Liturgy which he had commended to that Kirk desired the Doctor to translate the Scottish Liturgy into Latin that being Published with the Apology all the World might be satisfied in his Majesties piety as well as the Arch-Bishops care as also that the perverse and rebellious temper of the Scots might be apparent to all who would raise such troubles upon the Recommendation of a book that was so Venerable and Orthodox Dr. Heylyn undertook and went through with it but the distemper and trouble of those times put a period to the undertaking and the Book went no farther than the hands of that Learned Martyr In Feb. 1639. the Doctor was put into Commission of Peace for the County of Hampshire residing then upon this Living into which place he was no sooner admitted but he occasioned the discovery of a horrid Murther that had been committed many years before in that Countrey In the April following he was chosen Clerk of the Convocation for the College of Westminster at which time the Arch-Bishop of Canterbury sending a Canon to them for suppressing the farther growth of Popery and reducing Papists to the Church our Doctor moved his Grace that the Canon might be enlarged for the Peoples farther satisfaction as well as the Churches benefit what was done therein and many other notable things by that Convocation may be seen at large in the History of the Arch-Bishops Life Friday being May the 29th the Canons were formally subscribed unto by the Bishops and Clergy no one dissenting except the Bishop of Glocester who afterward turn'd Papist and died in the Communion of the Romish Church and was all that time of his Life in which he revolted from the Church of England a very great Servant of Oliver Cromwel unto whom he dedicated some of his Books But for his Contumacy in refusing to subscribe the Articles he was voted worthy of Suspension in the Convocation and was actually Suspended by the Arch-Bishop of Canterbury which being done the Convocation was ended In Novemb. 3. A.D. 1640. began the Session of the long Parliament At the opening of which a general Rumor was spread abroad that Dr. Heylyn was run away for fear of an approaching storm that was like to fall upon his head as well as on his Grace the Arch-Bishop of Cauterbury but he who was ever of an undaunted spirit would not pusillanimously desert the Cause of the King and Church then in question but speedily hastned up to London from Alresford to confute the common calumny and false report raised on him by the Puritan faction that he appeared the next day in his Gown and Tippet at Westminster-Hall and in the Church with the accustomed formalities of his Cap Hood and Surplice employed then his Pen boldly in defence of the Bishops Rights when the Lords began to shake the Hierarchy in passing a Vote That no Bishop should be of the Committe for Examination of the Earl of Strafford being Causa sanguinis upon which the Doctor drew up a brief and excellent Discourse entituled De jure paritatis Episcopum wherein he asserted all the Bishops Rights of Peerage and principally of this as well as the rest That they ought to sit in that Committee with other Priviledges and Rights maintained by him which either by Law or ancient custom did belong unto them A rare Commendation at this juncture of time for which the Doctor is to be admired that he could command his Parts and Pen of a sudden to write on this subject or any other if there was need that did conduce to the publick good and above all make a quick dispatch in accomplishing what he had once undertaken and begun But for those quick dispatches the Doctor afterward endured many tedious waitings at the backs of Committe-men in that Parliament especially in the business of Mr. Pryn about his Histriomastix for which he was kept four days under examination because he had furnished the Lords of the Privy Council with matters out of that Book which Mr. Pryn alledged was the cause of all his sufferings Great hopes had the Committee by his often dancing attendance after them to sift the Doctor if they could gather any thing by his speeches
not to be forgiven him I hope the Doctor has met with a more merciful Judge in another World than Mr. Burnet is in this If he had been a Factor for Papists Mr. Burnet should have presented one particular instance which he cannot do As we have said before in his Life he communicated that design of his History of Reformation to Arch-Bishop Laud from whom he received all imaginable encouragement by ancient Records that he perused And what benefit could any Reader receive to have quoted to him the pages of Manuscripts Acts of Parliament Records of old Charters Registers of Convocation Orders of the Council-Table or any of those out of the Cottonian Library which the Doctor made use of The Lord Bacon writ of Transactions beyond his own time living as far distant from the Reign of K. Hen. VII as Dr. Heylyn did from K. Hen. VIII who laid the first foundation of the Reformation yet I cannot find there more quotations of Authors than in Dr. Heylyns History yet I suppose Mr. Burnet will look upon the Lord Bacons History as compleat And if all this were made out 't is no more than what may be laid at the door of the Author who lately writ the History of Duke Hamilton Hist D. Ham. p. 29 30. where are reported the most abominable Scandals that were broach'd by the malicious Covenanters against the Scottish Hierarchy and they are permitted without the least contradiction or confutation to pass as infallible Truths that so Posterity as well as the present prejudiced Age might be levened with an implacable enmity and hatred against the whole Order of Episcopacy Although the Hamiltons were the old inveterate Enemies of the Stuarts and the Duke of whom the History is compiled was an Enemy as treacherous to K. Charles I. as any that ever appeared against him in open Arms. He was the cause of the first Tumult raised in Edenburgh He Authorised the Covenant with some few alterations in it and generally imposed it on that Kingdom He was the chief Person that prevailed with the King to continue the Parliament during the pleasure of the two Houses and boasted how he had got a perpetual Parliament for the English and would do the like for the Scots He aimed at nothing less than the Crown of Scotland and had so courted the common Soldiers that David Ramsey openly began a health to K. James VII yet all these things with many others are either quite smothered or so painted over by Mr. Burnet that the Volume he has writ may be called an Apology or a Panegyrick rather than a History Of all these matters the Doctor hath acquainted the world before in the Life of Archbishop Laud and the Observations that he wrote upon Mr. L'Estrange's History of King Charles I. I will be bold to aver if the Doctor had employed his great Learning and Abilities to have written but one half of those things against the King and Church of England which he wrote for them he would have been accounted by very many persons I will not say by Mr. Burnet the truest Protestant the most faithful Historian the greatest Scholar and in their own phrase the most pretious man that ever yet breathed in the Nation But he had the good luck to be a Scholar and better luck to employ his Learning like an honest man and a good Christian in the defence of a righteous and pious King of an Apostolical and true Church of a venerable and learned Clergy and that drew upon him all the odium and malice that two opposite Parties Papist and Sectary could heap upon him After the happy Restauration of the King it was high time for the good Doctor to rest a while from his Labours and bless himself with joy for the coming in of his Sovereign for now the Sun shone more gloriously in our Hemisphere than ever the Tyrannical powers being dissolved the King brought home to his people the Kingdom setled in peace the Church restored to its rights and the true Religion established every man returned to his own vine with joy who had been a good Subject and a sufferer and the Doctor came to his old habitation in Westminster of which and of his other Preferments he had been dispossest for the space of seventeen years and he no sooner got thither but according to his wonted custom he sets upon building and erected a new Room in his Prebends house to entertain his Friends in And seldom was he without Visitors especially the Clergy of the Convocation who constantly came to him for his Advice and Direction in matters relating to the Church because he had been himself an ancient Clerk in the old Convocations Many Persons of Quality besides the Clergy for the Reverence they had to his Learning and the delight they took in his company payed him several visits which he never repayed being still so devoted to his Studies that except going to Church it was a rare thing to find him from home I happen'd to be there when the good Bishop of Durham Dr. Cousins came to see him who after a great deal of familiar discourse between them said I wonder Brother Heylyn thou art not a Bishop but we all know thou hast deserved it To which he answered Much good may it do the new Bishops I do not envy them but wish they may do more than I have done Now what that great Man did so readily acknowledge to be the Doctors due was no more than what his true worth might justly challenge from all that were Friends to Learning and Virtue For his knowledge was extensive as the Earth and in his little world the great one was so fully comprehended that not an Island or Province nay scarce a Rock or Shelf could escape his strict survey and exact description Nor was he content with that degree of knowledge which did far exceed what any other durst hope or even wish for viz. A perfect familiarity with the present State of all the Countreys in the World but he was resolved to understand as well what they had always been as what they then were to be as throughly acquainted with their History as he was with their Situation and to leave nothing worth the knowing undiscovered So that what he has done in that kind looks liker the product of the most Learned and Antient Inhabitans of their respective Countreys than the issue of the industry of a Single Person Yet for all this his head was not so filled with the contemplations of this World as to leave no room for the great concerns of the other But on the contrary the main of his Study was Divinity the rest were but by the by and subservient to that For he having strictly viewed and examined all the various Religions and Governments upon Earth and coming to compare them with those under which himself lived did find the advantage both in respect of this life and another to lie so much on the side
the curiosity of the Ministers and mistakes of the people rather than for any other weighty cause As the Statutes 5 and 6 Ed. 6. cap. 1. it was thought expedient by the King with the assent of the Lords and Commons in Parliament Assembled that the said Order of Common Service should be faithfully and godly perused explained and made fully perfect Perused and explained by whom Why questionless by those who made it or else by those if they were not the same men who were appointed by the King to draw up and compose a Form of Ordination for the Use of the Church And this Assent of theirs for it was no more was the only part that was ever acted by the Parliament in matter of this present nature save that a Statute passed in the former Parliament 3 and 4 Ed. 6. c. 12. unto this effect that such form and manner of making and consecrating Arch-Bishops Bishops Priests Deacons and other Ministers of the Church which before I spake of as by six Prelates and six other men of this Realm learned in Gods Laws by the King to be appointed and assigned shall be devised to that purpose and set forth under the great Seal shall be lawfully used and exercised and none other Where note that the King only was to nominate and appoint the men the Bishops and other learned men were to make the Book and that the Parliament in a blind obedience or at the least upon a charitable confidence in the integrity of the men so nominated did confirm that Book before any of their Members had ever seen it though afterwards indeed in the following Parliament this Book together with the Book of Common-prayer so Printed and explained obtained a more formal confirmation as to the use thereof throughout the Kingdom but in no other respect for which see the Statute 5 and 6 Ed. 6. c. 1. As for the time of Q. Elizabeth when the Common-prayer book now in use being the same almost with the last of King Edward was to be brought again into the Church from whence it was cast out in Queen Maries Reign it was committed to the care of some learned men that is to say to M. Whitehead once Chaplain to Q. Anne Bullen Dr. Parker after Arch-Bishop of Canterbury Dr. Grindal after Bishop of London Dr. Cox after Bishop of Ely Dr. Pilkington after Bishop of Durham Dr. May Dean of Saint Pauls Dr. Bill Provost of Eaton after Dean of Westminster and Sir Tho. Smith By whom being altered in some few passages which the Statute points to 1 Eliz. c. 21. it was presented to the Parliament and by the Parliament received and established without more ado or troubling any Committee of both or either Houses to consider of it for ought appears in their Records All that the Parliament did in it being to put it into the condition in which it stood before in Kings Edwards Reign partly by repealing the Repeal of King Edw. Statutes made in the first of Q. Mary c. 2. and partly by the adding of some farther penalties on such as did deprave the Book or neglect to use it or wilfully did absent themselves from their Parish-Churches And for the Alterations made in King James his time being small in the Rubrick only and for the additions of the Thanksgivings at the end of the Letany the Prayer for the Queen and the Royal Issue and the Doctrine of the Sacraments at the end of the Catechisme which were not in the Book before they were never referred unto the Parliament but were done only by Authority of the Kings Commission and stand in force by virtue only of His Proclamation which you may find before the Book the charge of buying the said Book so explained and altered being laid upon the several and respective Parishes by no other Authority than that of the eightieth Canon made in Convocation Anno 1603. The like may also be affirmed of the Forms of Prayer for the Inauguration-day of our Kings and Queens the Prayer-books for the fifth of November and the fifth of August and those which have been used in all publick Fasts All which without the help of Parliaments have been composed by the Bishops and imposed by the King Now unto this discourse of the Forms of Worship I shall subjoyn a word or two of the times of Worship that is to say the Holy-days observed in the Church of England and so observed that they do owe that observation chiefly to the Churches power For whereas it was found in the former times that the number of the Holy-days was grown so great that they became a burthen to the common people and a great hinderance to the thrift and manufactures of the Kingdom there was a Canon made in the Convocation An. 1536. For cutting off of many superstitious and superfluous Holy-days and the reducing them into the number in which they now stand save that St. George's day and Mary Magdalens day and all the Festivals of the blessed Virgin had their place amongst them according to which Canon there went out a Monitory from the Arch-Bishop of Canterbury to all the Suffragans of his Province respectively to see the same observed in their several Diocesses which is still extant on Record But being the Authority of the Church was then in the wane it was thought necessary to confirm their Acts and see execution done upon it by the Kings Injunction which did accordingly come forth with this Form or preamble That the abolishing of the said Holy-days was decreed ordained and established by the Kings Highness Authority as Supream Head in Earth of the Church of England with the common consent and assent of the Prelates and Clergy of this his Realm in Convocation lawfully Assembled and Congregate Of which see Fox his Acts and Monuments fol. 1246 1247. Afterwards in the year 1541. the King perceiving with what difficulty the people were induced to leave off those Holy-days to which they had been so long accustomed published his Proclamation of the twenty-third of July for the abolishing of such Holy-days amongst other things as were prohibited before by his Injunctions both built upon the same foundation namely the resolution of the Clergy in their Convocation And so it stood until the Reign of King E. 6. at which time the Reformation of the publick Liturgie drew after it by consequence an alteration in the present business no days being to be kept or accounted Holy but those for which the Church had set apart a peculiar office and not all those neither For whereas there are several and peculiar offices for the day of the Conversion of St. Paul and the day of St. Barnabas the Apostles neither of these are kept as Holy-days nor reckoned or esteemed as such in the Act of Parliament wherein the names and number of the Holy-days is precisely specified which makes some think the Act of Parliament to have had an over-ruling power on the Common-prayer-Book but it is not so
came out in some years succeeding for the taking away of Images and Reliques with all the Ornaments of the same and all the Monumens and writings of feigned Miracles and for restraint of offering or setting up Lights in any Churches but only to the Blessed Sacrament of the Altar in which he was directed chiefly by Arch-Bishop Cranmer as also those for eating of white meats in the time of Lent the abolishing the Fast on St. Marks day and the ridiculous but superstitious sports accustomably used on the days of St. Clement St. Katherine and St. Nicholas All which and more was done in the said Kings Reign without help of Parliament For which I shall refer you to the Acts and Mon. fol. 1385 1425 1441. The like may also be affirmed of the Injunctions published in the name of K. E. 6. An. 1547. and printed also then for the Use of the Subjects And of the several Letters missive which went forth in his Name prohibiting the bearing of Candles on Candlemas-day of Ashes in Lent and of Palms on Palm-sunday for the taking down of all the Images throughout the Kingdom for administring the Communion in both kinds dated March 13 1548. for abrogating of private Masses June 24 1549. for bringing in all Missals Graduals Processionals Legends and Ordinals about the latter end of December of the same year for taking down of Altars and setting up Tables instead thereof An. 1550. and the like to these All which particulars you have in Foxes Book of Acts and Mon. in King Edwards life which whether they were done of the Kings meer motion or by advice of his Council or by consultation with his Bishops for there is little left upon Record of the Convocations of that time more than the Articles of the year 1552 certain I am that there was nothing done nor yet pretended to be done in all these particulars by the Authority of Parliament Thus also in Q. Elizabeths time before the new Bishops were well settled and the Queen assured of the affections of her Clergy she went that way to work in the Reformation which not only her two Predecessors but all the Godly Kings and Princes in the Jewish State and many of the Christian Emperours in the Primitive times had done before her in the well ordering of the Church and People committed to their care and government by Almighty God and to that end she published her Injunctions An. 1559. A Book of Orders An. 1561. Another of Advertisements An. 1562. All tending unto Reformation unto the building up of the new Jerusalem with the advice and counsel of the Metropolitan and some other Godly Prelates who were then a-about her by whom they were agreed on and subscribed unto before they were presented to her without the least concurrence of her Court of Parliament But when the times were better settled and the first difficulties of her Reign passed over she left Church-work to the disposing of Church-men who by their place and calling were most proper for it and they being met in Convocation and thereto Authorised as the Laws required did make and publish several Books of Canons as viz. 1571. An. 1584. An. 1597. Which being confirmed by the Queen under the broad Seal of England were in force of Laws to all intents and purposes which they were first made but being confirmed without those formal words Her Heirs and Successors are not binding now but expired together with the Queen No Act of Parliament required to confirm them then nor never required ever since on the like occasion A fuller evidence whereof we cannot have than in the Canons of year 1603. being the first year of King James made by the Clergy only in the Convocation and confirmed only by the King for though the old Canons were in force which had been made before the submission of the Clergy as before I shewed you which served in all these wavering and unsettled times for the perpetual standing rule of the Churches Government yet many new emergent cases did require new rules and whilst there is a possibility of Mali mores there will be a necessity of bonae Leges Now in the confirmation of these Canons we shall find it thus That the Clergy being met in their Convocation according to the Tenour and effect of his Majesties Writ his Majesty was pleased by virtue of his Prerogative Royal and Supream Authority in causes Ecclesiastical to give and grant unto them by his Letters Patents dated April 12. and June 25. full free and lawful liberty licence power and authority to convene treat debate consider consult and agree upon such Canons Orders Ordinances and Constitutions as they should think necessary fit and convenient for the honour and service of Almighty God the good and quiet of the Church and the better government thereof from time to time c. to be kept by all persons within this Realm as far as lawfully being members of the Church it may concern them which being agreed on by the Clergy and by them presented to the King humbly requiring him to give his Royal assent unto them according to the Statute made in the 25 of K. H. 8. and by his Majesties Prerogative and Supream Authority in Ecclesiastical causes to ratifie and confirm the same his Majesty was graciously pleased to confirm and ratifie them by his Letters Patents for himself his Heirs and lawful Successors straightly commanding and requiring all his loving Subjects diligently to observe execute and keep the same in all points wherein they do or may concern all or any of them No running to the Parliament to confirm these Canons nor any question made till this present by temperate and knowing men that there wanted any Act for their confirmation which the law could give them 7. An Answer to the main Objections of either Party BUT against this all which hath been said before it will be objected That being the Bishops of the Church are fully and wholly Parliamentarian and have no more Authority and Jurisdiction nisi à Parliamentis derivatum but that which is conferred upon them by the power of Parliaments as both Sanders and Schultingius do expresly say whatsoever they shall do or conclude upon either in Convocation or in more private conferences may be called Parliamentarian also And this last calumny they build on the several Statutes 24 H. 8. c. 12. touching the manner of Electing and Consecrating Arch-Bishops and Bishops that of the 1 E. 6. c. 2. appointing how they shall be chosen and what Seals they shall use these of 3 and 4 Ed. 6. c. 12. 5. 6 E. 6. for Authorizing of the Book of Ordination But chiefly that of the 8 Eliz. c. 1. for making good all Acts since 1 Eliz. in Consecrating any Arch Bishop or bishop within this Realm To give a general answer to each several cavil you may please to know that the Bishops as they now stand in the Church of England derive their Calling together with
begin to intrench upon the Churches Rights to offer at and entertain such businesses as formerly were held peculiar to the Clergy only next to dispute their Charters and reverse their privileges and finally to impose some hard Laws upon them And of these notable incroachments Matthew Parker thus complains in the life of Cranmer Qua Ecclesiasticarum legum potestate abdicata populus in Parliamento coepit de rebus divinis inconsulto Clero Sancire tum absentis Cleri privilegia sensim detrahere juraque duriora quibus Clerus invitus teneretur Constituere But these were only tentamenta offers and undertakings only and no more than so Neither the Parliaments of K. Edward or Q. Elizabeths time knew what it was to make Committees for Religion or thought it fit that Vzzah should support the Ark though he saw it tottering That was a work belonging to the Levites only none of the other Tribes were to meddle with it But as the Puritan Faction grew more strong and active so they applyed themselves more openly to the Houses of Parliament but specially to the House of Commons putting all power into their hands as well in Ecclesiastical and Spiritual Causes as in matters Temporal This amongst others confidently affirmed by Mr. Pryn in the Epistle to his Book called Anti-Arminianism where he avers That all our Bishops our Ministers our Sacraments our Consecration our Articles of Religion our Homilies Common-prayer Book yea and all the Religion of the Church is no other way publickly received supported or established amongst us but by Acts of Parliament And this not only since the time of the Reformation but That Religion and Church affairs were determined ratified declared and ordered by Act of Parliament and no ways else even then when Popery and Church men had the greatest sway Which strange assertion falling from the pen of so great a Scribe was forthwith chearfully received amongst our Pharisees who hoped to have the highest places not only in the Synagogue but the Court of Sanhedrim advancing the Authority of Parliaments to so high a pitch that by degrees they fastened on them both an infallibility of judgment and an omniotency of power Nor can it be denied to deal truly with you but that they met with many apt Scholars in that House who either out of a desire to bring all the grist to their own Mill or willing to enlarge the great power of Parliaments by making new precedents for Posterity or out of faction or affection or what else you please began to put their Rules in practice and draw all matters whatsoever within the cognizance of that Court In which their embracements were at last so general and that humour in the House so prevalent that one being once demanded what they did amongst them returned this answer That they were making a new Creed Another being heard to say That he could not be quiet in his Conscience till the holy Text should be confirmed by an Act of theirs Which passages if they be not true and real as I have them from an honest hand I assure you they are bitter jests But this although indeed it be the sickness and disease of the present Times and little to the honour of the Court of Parliament can be no prejudice at all to the way and means of the Reformation amongst sober and discerning men the Doctrine of the Church being settled the Liturgy published and confirmed the Canons authorized and executed when no such humour was predominant nor no such power pretended to by both or either of the Houses of Parliament But here perhaps it will be said that we are fallen into Charybdis by avoiding Scylla and that endeavouring to stop the mouth of this Popish Calumny we have set open a wide gap to another no less scandalous of the Presbyterians who being as professed Enemies of the Kings as the Popes Supremacy and noting that strong influence which the King hath had in Ecclesiastical affairs since the first attempts for Reformation have charg'd it as reproachfully on the Church of England and the Religion here established that it is Regal at the best if not Parliamentarian and may be called a Regal Faith and a Regal Gospel But the Answer unto this is easie For first the Kings intended by the Objectors did not act much in order to the Reformation as appears by that which hath been said but either by the advice and co-operation of the whole Clergy of the Realm in their Convocations or by the Counsel and consent of the Bishops and most eminent Church men in particular Conferences which made it properly the work of the Clergy only the Kings no otherwise than as it was propouned by him or finally confirmed by the Civil Sanction And secondly had they done more in it than they did they had been warranted so to do by the Word of God who hath committed unto Kings and Sovereign Princes a Supreme or Supereminent power not only in all matters of a Temporal or Secular nature but in such as do concern Religion and the Church of Christ And so St. Augustine hath resolved it in his third Book against Cresconius In hoc Reges sicut iis divinitus praecipitur pray you note that well Deo serviunt in quantum Reges sunt si in suo Regno bona jubeant mala prohibeant non solum quae pertinent ad humanum societatem verum etiam ad Divinam Religionem Which words of his seemed so significant and convincing unto Hart the Jesuite that being shewed the Tractate writ by Dr. Nowel against Dorman the Priest in the beginning of Q. Elizabeths time and finding how the case was stated by that Reverend person he did ingenously confess that there was no Authority ascribed to the Kings of england in Ecclesiastical affairs but what was warranted unto them by that place of Augustine The like affimed by him that calleth himself Franciscus de S. Clara though a Jesuite too that you mjay see how much more candid and ingenuous the Jesuits are in this point than the Presbyterians in his Examen of the Articles of the Church of England But hereof you may give me opportunity to speak more hereafter when you propose the Doubts which you say you have relating to the King the Pope and the Churches Protestant and therefore I shall say no more of it at the present time SECT II. The manner of the Reformation of the Church of England declared and justified HItherto I had gone in order to your satisfaction and communicated my conceptions in writing to you when I received your Letter of the 4th of January in which you signified the high contentment I had given you in condescending to your weakness as you pleased to call it and freeing you from those doubts which lay heaviest on you And therewithal you did request me to give you leave to propound those other scruples which were yet behind relating to the King the Pope and the Protestant-Churches either too little
use of a Liturgy surther than to be an help in the want or to the weakness of a Minister and thereupon it is inferred with contempt enough that if any Minister appear insufficient to discharge the duty of conceived Prayer it may be imposed on him as a punishment to use set forms and no other If these two Propositions did proceed from the same one spirit as no doubt they did the extream falshood of the last doth prove sufficiently that neither of them did proceed from the Spirit of Truth King Edward VI. the Lord Protector then being and the learned Prelates of that time were our first Reformers the two first approving and confirming the last labouring and acting in that weighty business but all contributing to the passing of an Act of Parliament for uniformity of Service and Administration of the Sacraments 2 and 3. Ed. 6. cap. 1. and in that Act it is said expresly That all Ministers in any Cathedral or Parish Church or other place within this Realm of England Wales and other the Kings Dominions shall from and after the Feast of Pentecost next coming be bounden to say and use all Mattens Evensong Celebration of the Lords Supper commonly called the Mass and Administration of each of the Sacraments and their common and open Prayer in such order and form as is mentioned in the same Book and none other or otherwise Which clause continued still in being notwithstanding the alteration of the Liturgie till K. Edward's death and was revived again in the Act of Parliament 1 Eliz. cap. 2. By which the second Liturgie was confirmed and ratified Assuredly they that are bound to officiate by a Form prescribed to use no other Form but that and to use that Form no otherwise than the Law requireth and requireth under several penalties contained in it cannot be said to be at liberty to use or not to use it as they list themselves nor can pretend in any reason nor with common sense That the first Reformers of Religion did never intend the use of a Liturgy further than to be an help in the want or to the weakness of a Minister What the Reformers did in other Countreys was no Rule to ours who in the modelling of that great work had not only an eye and respect as the forementioned Statute telleth us to the most sincere and pure Christian Religion taught by the Scripture as probably the others had but also to the usages in the Primitive Church which certainly the others had not So that the second Position which the proud Inference thence deducted being blown aside the whole weight of the cause must wholly rest upon the first which whether it be of strength enough to support the same is the main disquisition and enquiry which we have in hand For when this Proposition was first vented and the point had been somewhat ventilated betwixt the humble Remonstrant on the one part and the Smectymnians on the other I was required by those who had Authority to command me to try what I could do in drawing down the Pedegree and the descent of Liturgies from the first use and institution of them amongst the Jews till they were setled and established also amongst the Christians For since the Smectymnians had appealed to the ancient practice of the Jews and Christians affirming positively that no such Liturgies that is to say no stinted and prescribed Forms of Administration were anciently used by either of them it is most fit and just they should be tryed by the Records and practice of those elder times to which they have Appealed for their justification So that the point between us being matter of Fact I shall pursue it in the way of an Historical Narration in which the Affirmative being made good by sufficient evidence it will be very difficult if not impossible to prove the Negative And for the better making good of the Affirmative I have taken in the Jewish Rabbins and other Antiquaries of that people of most faith and credit the holy Fathers and other Ecclesiastical Authors since the times of Christ to testifie unto the truth of what here is said either by way of explication of such Texts of Scripture which do relate unto this cause or in the way of declaration as laying down the practice of the Jews or Christians in their several times And that it may be seen that Liturgies or Set Forms of worship were of general usage I have made diligent search into the best and most unquestioned monuments of the ancient Gentiles and traced out many of their Forms of prayer and sacrifice used by them in the most religious acts of those performances and placed that search betwixt the practice of the Jews and that of the Christians And I have placed it in that order to the end that it may appear that the Christians had not only some ground of Scripture Tradition Apostolical and the best judgments of their own times to direct this business but that they were also guided in it by the light of Nature the Word of God amongst the Jews and the constant practice of that people in the times precedent Nor have I only took this pains in tracing out the constant practice of all people in respect of Liturgies but also with relation unto the necessary adjuncts and concomitants of them Set Forms of Worship require set times and places to perform them in which gives occasion to insert some notes or observations touching the Festivals or days of Religious offices taken up by the Authority of the Church in several Ages according as the commemoration of some signal benefits or Gods special mercies toward them might invite them to it The like I have done also in the erecting and dedicating of those sacred places which have been destinated in all times to Religious offices from the first Consecrating of the Tabernacle by Gods own appointment till the last dedication of the Temple in the time of Herod and from the first deputing of some places by the Lords Apostles for the divine performances and administrations of the Christian Faith till calmer times permitted the erecting of those stately Fabricks which the Gentiles looked upon with envy and admiration Some other things are intermingled touching the Habit of the Priests or Ministers under either Testament in the time or act of their officiating as also of the Gestures used both by Priests and People according to the several offices and acts of worship And this I have drawn down unto the time of S. Austin's death when neither Superstition in point of worship nor Heterodoxie in point of Doctrine had gotten any predominancy in the Church of Christ which was then come unto her height both for peace and purity By which the Reader may perceive how warrantably this Church proceeded in her Reformation as to this particular how strict an eye was had therein as well to the most sincere and pure Christian Religion taught by the Scripture as to the usages
and Ministers shall move the people to joyn with them in Prayer in this Form or to this effect as briefly as conveniently they may Ye shall pray for Christs holy Catholick Church that is for the whole Congregation of Christian people dispersed through the whole world and especially for the Churches of England Scotland and Ireland And herein I require you most especially to pray for the Kings most excellent Majesty our Sovereign Lord James King of England Scotland France and Ireland Defender of the Faith and Supreme Governour in these his Realms and all other his Dominions and Countreys over all Persons in all causes as well Ecclesiastical as Temporal Ye shall also pray for our gracious Queen Ann the noble Prince Henry and the rest of the Kings and Queens Royal Issue Ye shall also pray for the Ministers of Gods holy Word and Sacraments as well Archbishops and Bishops as other Pastors and Curats Ye shall also pray for the Kings most honourable Council and for all the Nobility and Magistrates of this Realm that all and every of those in their several callings may serve truly and painfully to the Glory of God and the edifying and well-governing of his people remembring the accompt they must make Also ye shall pray for the whole Commons of this Realm that they may live in true Faith and fear of God and humble obedience to the King and Brotherly Charity one to another Finally let us praise God for all those that are already departed out of this life in the Faith of Christ and pray unto God that we may have grace to direct our lives after their good examples that this life ended we may be made partakers with them of the glorious Resurrection in the life everlasting Always concluding with the Lords Prayer So far the Letter of the Canon in which there was not any purpose nor in the makers of the same to introduce into the Church any Form of Prayer or Invocation save those which were laid down in the Common prayer Book nor indeed could they if they would the Statute 1 Eliz. being still in force but to reduce her Ministers to the antient usage of this Church which had been much neglected if not laid aside The Canons then established were no late Invention as some give it out but a Collection of such Ordinances and pious Customs as had been formerly in use since the Reformation which being scattered and diffused in several Injunctions Orders and Advertisements published by K. Henry VIII K. Edward VI. and Q. Eliz. or in the Canons of particular Convocations in those times assembled or otherwise retained in continual practice was by the care and wisdom of the Clergy in the Synod at London An. 1603. drawn up together into one body and by his Majesty then being Authorized in due form of Law And being so Authorized by his Majesty the Canons then made had the force of Laws and were of power to bind the Subjects of all sorts according to their several and respective concernments as fully and effectually as any Statute or Act of Parliament can bind the Subject of this Realm in their goods and properties For which consult the Statute 25. H. 8. cap. 19. and the practice since Which as it may be said of all so more particularly of the Canon now in question of which it is to be considered that the main body of the same had been delivered formerly almost verbatim in the Queens Injunctions published by her Royal and Supream Authority in the first year of her Reign Anno 1559. which I will therefore here put down that by comparing both together we may the better see the true intention of that Canon and what is further to be said in the present business The Queens Injunction is as followeth The title this The Form of bidding the Prayers to be used generally in this uniform sort and then the body of it is this Ye shall pray for Christs holy Catholick Church that is for the whole Congregation of Christian people dispersed throughout the whole world and especially for the Churches of England and Ireland and herein I require you most especially to pray for the Queens most excellent Majesty our Soveraign Lady Eliz. Queen of England France and Ireland Defender of the Faith and supream Governour of this Realm as well in causes Ecclesiastical as Temporal You shall also pray for the Ministers of Gods holy Word and Sacraments as well Archbishops and Bishops as other Pastors and Curats Ye shall also pray for the Queens most honourable Council and for all the Nobility of this Realm That all and every of these in their callings may serve truly and painfully to the glory of God and edifying of his people remembring the accompt they must make Also you shall pray for the whole Commons of this Realm that they may live in true faith and fear of God in humble Obedience and brotherly Charity one to another Finally let us praise God for all those that are departed out of this life in the faith of Christ and pray unto God that we may have grace to direct our lives after their good example that after this life we may be made partakers of the glorious resurrection in the life everlasting These are the very words of the Injunction wherein it is to be observed that as the Canon hath relation to this Injunction so neither this Injunction nor any thing therein enjoyned was of new erection but a Reviver only of the usual Form which had been formerly enjoyned and constantly observed in King Edwards days as we shall see by looking over the Injunction published and the practice following thereupon in the said Kings Reign Now the Injunction of King Edward the 6. is in this Form following The Title thus The Form of bidding the Common prayers and then the Form it self You shall pray for the whole Congregation of Christs Church and especially for this Congregation of England and Ireland wherein first I commend to your devout prayers the Kings most excellent Majesty supreme Head immediately under God of the Spiritualty and Temporalty of the same Church And for Queen Katharine Dowager and also for my Lady Mary and my Lady Elizabeth the Kings Sisters Secondly you shall pray for my Lord Protectors grace with all the rest of the Kings Majesties Council for all the Lords of this Realm and for the Clergy and Commons of the same Beseeching Almighty God to give every one of them in his degree Grace to use themselves in such wise as may be to Gods glory the Kings honour and the weal of this Realm Thirdly you shall pray for all them that be departed out of this world in the faith of Christ that they with us and we with them at the day of Judgment may rest both Body and Soul with Abraham Isaac and Jacob in the Kingdom of Heaven This was the Form first published in the beginning of the Reign of King Edward VI. and it continued all
in this case before that of Anastasius or the Pontifical or Platina or any whosoever of the later days Now of this Evaristus it is said by Damasus in the Pontifical In vita Evarist and from him by Platina titulos in urbe Romae Presbyteris divisisse that he did first assign the Presbyters in Rome their particular charges which also is affirmed by Rob. Barnes De vitis Pont. Rom. in Evaristo Hooker Eccles Polit. l. 5. n. 80. one of the great Agents in our Reformation which words of the Historians being short and dark we will expound in the expressions of judicious Hooker thus as followeth For more convenient discharge of Ecclesiastical duties as the body of People must needs be severed by divers Precincts so were the Clergy likewise accordingly distributed Whereas therefore Religion did first take place in Cities and in that respect was a cause why the name of Pagans which properly signifieth Country-people came to be used in common speech for the same that Infidels and Vnbelievers were it followed thereupon that all such Cities had their Ecclesiastical Colleges consisting of Presbyters and Deacons whom first the Apostles or their Delegates the Evangelists did both ordain and govern Such were the Colleges of Hierusalem Antioch Ephesus Rome Corinth and the rest where the Apostles are known to have planted our Faith and Religion Now because Religion and the Cure of souls was their general charge in common over all that were near about them neither had any one Presbyter his several Cure apart till Evaristus Bishop in the See of Rome about the year 112. began to assign Precincts unto every Church or Title which the Christians held and to appoint unto each Presbyter a certain compass whereof himself should take charge alone the commodiousness of which invention caused all parts of Christendom to follow it So he And he saith well that Evaristus first began it but it was shortly after followed by Higinus also who added more divisions to the former number if I do understand my Author rightly Platina in vit Higini As for the following of this pattern by other Churches 't is most true indeed that this invention of his was after followed in the Churches of Antioch and Alexandria whereof see Socrates Hist Eccles l. 5.3 for that of Antioch and for the other Epiphanius who reckoneth nominâ—â—im those several Churches which were before the time of Constantine in that famous City And doubtless in all other Cities as the number of Christians did increase so were the like divisions made and several Presbyters appointed for those divisions though we have no such pregnant evidence thereof as for those before But then we must observe withal that such divisions were not in the Country till a long time after as we shall let you see in due place and time As for those Colleges of Presbyters and Deacons whereof Hooker speaketh founded by the Apostles and Evangelists in all the Cities wherein they planted the Gospel of Christ and by them conjoyned into one Church under and with the Bishop It was a very excellent and useful institution Bilson perpet Covernm ca. 14. as the times then were For first it did exceedingly promote the conversion of the world to Christ our Saviour it being a work too great for one or two to undertake in a populous City and would require more time to effect the same than such a weighty business could afford The Harvest being great it was most expedient that the Labourers should also be many that so the truth of Christ might disperse it self not only throughout their Cities but even unto those Country Towns and Villages which bordered near them A second use was to continue those whom they had converted in the Faith of Christ instructing and incouraging the Faithful from house to house and from man to man to stand fast to the Doctrine which they had received and not to shrink under the bloody storms of persecution which were then so frequent A work that of necessity required many hands the more because the faithful in those dangerous times had not their publick places of Assembly or if they had durst not frequent the same as in times of peace and so the labour must be great and the persons many in Preaching teaching and exhorting in their private houses or in those secret places where they met by stealth for the receiving of the Sacrament A third use was that from these Presbyteries or Colleges of Presbyters and Deacons as from a sacred spring or fountain there might be a continual supply of fit and able men by whom as well the Cities themselves might be continually furnished for their own occasions and also that from thence the smaller Towns and Villages within the circuit of those Cities which for the slenderness of their estate and paucity of believers could not maintain a Presbyter at their proper charge might be provided of industrious teachers for their spiritual necessities For in these times whereof we speak and a long time after the Villages and Country Towns as they were converted to the Faith and did desire a Minister of the Word and Sacraments to reside amongst them so they repaired unto the Bishop of the City within whose 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or bounds they were of him desiring a fit man for that business which course continued in the Church for a long time after until Churches were endowed with Tithes and Glebe and Mansion houses which drew the Patronage or Presentation as we call it into hands of such their Founders and liberal Benefactors to the same The last but not the least was the advising and assisting of the Bishop of the Church or City in all doubts and dangers as well in making Rules and Ordinances for the better government of the place as for the censuring and correcting of such faulty persons whether of the Clergy or Laity as were thought fit to be convented for an example to the rest Ignatius in Ep. ad Trallian In which regard Ignatius calleth the Presbytery or College of Presbyters and not the Priesthood Sacerdotium as it is rendred by Vedelius 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an holy Corporation Counsellors and Assessors to the Bishop A perfect Image of the which we have remaining in our Deans and Chapters of Cathedral Churches though not so frequently consulted with in the Churches business as I could heartily desire they were and as our Canons now in force in some sort require The mention which I made so lately of Ignatius leads me on to him who yielded up his pious soul by Martyrdom to the hands of God in the City of Rome whilst Euaristus was there Bishop And in him I shall only touch upon those Epistles which I find mentioned in Eusebius and which Vedelius doth confess and defend to boot Euseb Hist Eccles l. In Apolog. pro Ignatio to be truly his But by the way I must first tell you that Vedelius in this
specified and to the course whereof the Council held at Orleans gave so wise a check but by imputing such Calamities as had fallen amongst them to the neglect or ill observance of this day A flash of Lightning or some other fire from Heaven as it was conceived had on the Lords day made great spoil of men and houses in the City of Limoges This Gregory of Tours who lived about the end of this sixth Century pronounceth to have fallen upon them ob diei dominici injuriam because some of them used to work upon the Sunday But how could he tell that or who made him acquainted with Gods secret counsels Had Gregory been Bishop of Limoges as he was of Tours it may be Limoges might have scaped so fierce a censure and only Tours have suffered in it For presently he adds in Turonico vero nonnulli ab hoc igne sed non die dominico adusti sunt that even in Tours it self many had perished by the self same fire but being it fell not on the Sunday as it did at Limoges therefore that misery fell on them for some other reason Indeed he tells us of this day that being it was the day whereon God made the light and after was the witness of our Saviours resurrection Ideo omni fide à Christianis observari debet ne fiat in eo omne opus publicum therefore it was to be observed of every Christian no manner of publick business to be done upon it A piece of new Divinity and never heard of till this Age nor in any afterwards Not heard of till this Age but in this it was For in the 24th year of Gunthram King of the Burgundians Conc. Matisonens 11. Can. 1. Anno 588. there was a Council called at Mascon a Town situate in the Duchy of Burgundy as we now distinguish it wherein were present Priscus Evantius Praetextatus and many other reverend and learned Prelates They taking into consideration how much the Lords day was of late neglected for remedy thereof ordained that it should be observed more carefully for the times to come Which Canon I shall therefore set down at large because it hath been often produced as a principal ground of those precise observances which some amongst us have endeavoured to force upon the consciences of weak and ignorant men It is as followeth Videmus populum Christianum temerario more diem dominicum contemptui tradere c. It is observed that Christian people do very rashly slight and neglect the Lords day giving themselves thereon as on other days to continual labours c. Therefore let every Christian in case be carry not that name in vain give ear to our instruction knowing that we have care that you should do well as well as power to bridle you that you do not ill It followeth Custodite diem dominicum qui nos denuo peperit c. Keep the Lords day the day of our new birth whereon we were delivered from the snares of sin Let no man meddle in litigious Controversies or deal in Actions or Law-suits or put himself at all upon such an exigent that needs he must prepare his Oxen for their daily work but exercise your selves in Hymns and singing Praises unto God being intent thereon both in mind and body If any have a Church at hand let him to unto it and there pour forth his soul in tears and prayers his eyes and hands being all that day lifted up to God It is the everlasting day of rest insinuated to us under the shadow of the seventh day or Sabbath in the Law and the Prophets and therefore it is very meet that we should celebrate this day with one accord whereon we have been made what at first we were not Let us then offer unto God our free and voluntary service by those great goodness we are freed from the Goal of errour not that the Lord exacts it of us that we should celebrate this day in a corporal abstinence or rest from labour who only looks that we do yield obedience to his holy will by which contemning earthly things he may conduct us to the heavens of his infinite mercy However if any man shall set at nought this our exhortation be he assured that God shall punish him as he hath deserved and that he shall be also subject unto the censures of the Church In case he be a Lawyer he shall lose his cause if that he be an Husbandman or Servant he shall be corporally punished for it but if a Clergy-man or Monk he shall be six months separated from the Congregation Add here that two years after this being the second year of the second Clotaire King of France there was a Synod holden at Auxerre a Town of Champagne concilium Antisiodorense in the Latin Writers wherein in it was decreed as in this of Mascon Non licet die dominico boves jungere vel alia opera exercere no man should be suffered to yoak his Oxen or do any manner of work upon the Sunday This is the Canon so much urged I mean that of Mascon to prove that we must spend the Lords day wholly in religious exercises and that there is no part thereof which is to be imployed unto other uses But there are many things to be considered before we yield unto this Canon or the authority thereof some of them being of that nature that those who most insist upon it must be fain to traverse For first it was contrived of purpose with so great a strictness to meet the better with those men which so extreamly had neglected that sacred day A stick that bends too much one way cannot be brought to any straightness till it be bent as much the other This Synod secondly was Provincial only and therefore can oblige none other but those for whom it was intended or such who after did submit unto it by taking it into their Canon Nor will some part thereof be approved by them who most stand upon it none being bound hereby to repair to Church to magnifie the name of God in the Congregation but such as have some Church at hand and what will then become of those that have a mile two three or more to their Parish Churches and no Chappel neither they are permitted by the Canon to abide at home As for Religious duties here are none expressed as proper for the Congregation but Psalms and Hymns and singing Praise unto the Lord and pouring forth our souls unto him in tears and prayers and then what shall we do for Preaching for Preaching of the Word which we so much call for Besides King Gunthram on whose Authority this Council met in his Confirmatory Letters doth extend this Canon as well unto the other Holy-days as unto the Sunday commanding all his Subjects Vigore hujus decreti definitionis generalis by vertue of his present mandate that on the Lords day vel in quibuscunque alijs solennitatibus and all solemn
Festivals whatsoever they should abstain from every kind of bodily labour save what belong'd to dressing meat But that which needs must most afflict them is that the Council doth profess this abstinence from bodily labour which is there decreed to be no Ordinance of the Lords that he exacteth no such duty from us and that it is an Ecclesiastical exhortation only and no more but so And if no more but so it were too great an undertaking to bring all Nations of the World to yield unto the prescript of a private and particular Canon made only for a private and particular cause and if no more but so it concludes no Sabbath Yet notwithstanding these restraints from work and labour the Church did never so resolve it that any work was in it self unlawful on the Lords day though to advance Gods publick service it was thought good that men should be restrained from some kind of work that so they might the better attend their prayers and follow their devotions It 's true these Centuries the fifth and sixth were fully bent to give the Lords day all fit honour not only in prohibiting unlawful pleasures but in commanding a forbearance of some lawful business such as they found to yield most hinderance to religious duties Yea and some works of piety they affixt unto it for its greater honour The Prisoners in the common Goals had formerly been kept in too strictly It was commanded by Honorius and Theodosius at that time Emperours Anno 412. that they should be permitted omnibus diebus dominicus every Lords day to walk abroad with a guard upon them as well to crave the charity of well disposed persons as to repair unto the Bathes for the refreshing of their bodies Nor did he only so command it but set a mulct of 20 pound in gold on all such publick ministers as should disobey the Bishops of the Church being trusted to see it done Where note that going to the Bathes on the Lords day was not thought unlawful though it required no question corporal labours for had it been so thought as some thought it afterwards the Prelates of the Church would not have taken it upon them to see the Emperours will fulfilled and the Law obeyed A second honour affixt in these Ages to the Lords day is that it was conceived the most proper day for giving holy Orders in the Church of God and a Law made by Leo then Pope of Rome and generally since taken up in the Western Church that they should be conferred upon no day else There had been some regard of Sunday in the times before and so much Leo doth acknowledge Quod ergo à patribus nostris propensiore cura novimus servatum esse à vobis quoque volumus custodiri ut non passim diebus omnibus sacerdotalis ordinatio celebretur Ept. Decret 81 But that which was before a voluntary act is by him made necessary and a Law given to all the Churches under his obedience Vt his qui consecrandi sunt nunquam benedictiones nisi in die resurrectionis dominicae tribuantur that Ordinations should be celebrated on the Lords day only And certainly he gives good reason why it should be so except in extraordinary and emergent cases wherein the Law admits of a dispensation For on that day saith he The holy Ghost descended upon the Apostles and thereby gave us as it were this celestial rule that on that day alone we should confer spiritual orders in quo collata sunt omnia dona gratiarum in which the Lord conferred upon his Church all spiritual graces Nay that this business might be done with the more solemnity and preparation it was appointed that those men who were to be invested with holy Orders should continue fasting from the Eve before that spending all that time in prayer and humbling of themselves before the Lord they might be better fitted to receive his Graces For much about these times the service of the Lords day was enlarged and multiplyed the Evenings of the day being honoured with religious meetings as the Mornings formerly Yea and the Eves before were reckoned as a part or parcel of the Lords day following Cui à vespere sabbati initium constat ascribi as the same Decretal informs us The 251. Sermon de tempore ascribed unto St. Austin doth affirm as much but we are not sure that it is his Note that this Leo entred on the Chair of Rome Anno 440. of our Saviours birth and did continue in the same full 20 years within which space of time he set out this decretal but in what year particularly that I cannot find I say that now the Evenings of the Lords day began to have the honour of religious Meetings for ab initio non fuit sic it was not so from the beginning Nor hd it been so now but that almost all sorts of people were restrained from works as well by the Imperial Edicts as by the constitutions of particular Churches by means whereof the afternoon was left at large to be disposed of for the best increase of Christian Piety Nor probably had the Church conceived it necessary had not the admiration which was then generally had of the Monastick kind of life facilitated the way unto it For whereas they had bound themselves to set hours of prayer Epitaphium Panlae matr Mane hora tertia sexta nona vespere noctis medio at three of the clock in the Morning at six at nine and after in the Evening and at midnight as St. Hierom tells us the people generally became much affected with their strict Devotions and seemed not unwilling to conform unto them as far at least as might consist with their Vocations upon this willingness of the people the service of the Church became more frequent than before and was performed thrice every day in the greater Churches where there were many Priests and Deacons to attend the same namely at six and nine before Noon and at some time appointed in the Evening for the afternoon accordingly as now we use it in our Cathedral and Collegiate Churches But in inferiour Towns and petty Villages where possibly the people could not every day attend so often it was conceived sufficient that they should have the Morning and the Evening prayer sung or said unto them that such as would might come to Church for their devotions and so it is by the appointment of the Rubrick in our Common Prayer book Only the Sundays and the Holy days were to be honoured with two several meetings in the Morning the one at six of the clock which simply was the morning service the other at nine for the administration of the holy Sacrament and Preaching of the Word to the Congregation This did occasion the distinction of the first and second Service as we call them still though now by reason of the peoples sloth and backwardness in coming to the Church of God they are in most places
going a Journey this may be allowed of in case they permit not Mass and Prayers This I find extant as a Canon of the 6. General Council holden in Constantinople but since both this and all the rest of the same stamp there are nine in all are thought not to belong of right unto it I have chosen rather to rafer it to this Theodulphus though a private man amongst whose works I find it in the great Bibliotheca Patrum Tom. 9. Thus in a Synod held at Coy within the Realm and Diocess of Oviedo Anno 1050. it was decreed that all men should repair to Church on the Lords day and there hear Mattins Mass and other the canonical hours as also Opus servile non exerceant nec sectentur itinera that they should do no servile work Tit. 6. nor take any Journey Yet with exceptions four or five namely unless it were for Devotions sake or to bury the Dead or to visit the Sick or finally pro secreto regis Saracenorum impetu on special business of the Kings or to make head against the Saracens The King was much beholden to them that they would take such care of his State Affairs more than some Princes might be now in case their business were at the disposing of particular men So had it been decreed by several Emperours yea and by several Councils too which for the East pars was confirmed by Emanuel Comneus the Eastern Emperiour Anno 1174. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that all access to the Tribunal should be quite shut up that none of those who sat in Judgment should sit on any Cause that day Yet this not absolutely but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. unless the King shall please on any new emergent cause as many times business comes unlooked for to appoint it otherwise Thus also for the works of labour fishing had been resirained on the Lords day as toilsom Act and on he other Holy days as well as that yet did it please Pope Alexander the third he entred on the Chair of Rome Decretal l. 2. tit 9. c 3. Anno 1160. to order by his decretal that on the Lords day and the rest it might be lawful unto those who dwelt upon the Coast Si halecia terrae inclinarint eorum captioni ingruente necessitate intendere to set themselves unto their fishing in case the Herring came within their reach and the time was seasonable Provided that they sent a convenient portion unto the Churches round about them and unto the poor Nay even the works of Handicrafts were in some sort suffered For whereas in the Council of Laodicea it was determined that men should rest on the Lords day 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from all their handy work and repair to Church Balsamon tells us in his Glass In Can. 29. concil Laod. that so it was resolved amongst them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not absolutely but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if with conveniency they could For still saith he he lived in Anno 1191 in case men labour on that day 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 either because of want or any other necessity they are held excusable Lastly Chronic. Aditâ—i whereas Pope Gregory the ninth had on the Sundays and the Holy days commanded ut homines jumenta omnia quiescant that there should be a general restraint from labour both of man and beast there was a refervation also nisi urgens necessitas instet vel nisi pauperibus vel Ecclesiae gratis fiat unless on great necessity or some good Office to be done unto the poor or to the Church Nor were there reservations and exceptions only in point of business and nothing found in point of practice but there are many passages especially of the greatest persons and most publick actions left upon Record to let us know what liberty that assumed unto themselves as well on this day as the rest And in such only shall I instance and as being most exemplary and therefore most conducing to my present purpose Aventine Hist l. 3. And first we read of a great Battel fought on Palm-Sunday An. 718. between Charles Martel Grand master of the Houshold of the King of France and Hilpericus the King himself wherein the Victory fell to Charles and yet we read not there of any great necessity nay of none at all but that they might on both sides have deferred the Battel had they conceived it any sin to fight that day Upon the Sunday before Lent Anno 835. Ludovick the Emperour â—urnamed Pius or the godly together with his Prelates and others Baron which had been present with him at the Assembly held at Theonville went on his Journey unto Mets nor do we find that it did derogate at all from his Name and Piety Upon the Sunday after Whitsontide Anno 844. Ludowick Son unto Lotharius the Emperour made his solemn entrance into Rome the Roman Citizens attending him with their Flaggs and Ensigns the Pope and Clergy staying his coming in St. Peters Church there to entertain him Upon a Sunday Anno 1014. Ditmarus Hist l. 7. Otho Frising hist l. 6. c. 29. Henry the Emperour duodecim senatoribus vallatus environed with twelve of the Roman Senatours came to St. Peters Church and there was crowned together with his Wife by the Pope then being On Easter day in ipsa die paschalis solennitatis Anno 1027. Conrade the Emperour was solemnly inaugurated by Pope John Canutus King of England and Rodalph King of the Burgundians being then both present and the next Sunday after began his Journey towards Germany Upon Palm Sunday Anno 1084. Wibert Archbishop of Ravenna was solemnly inthronized in the Chair of Rome â—â—spergen Chronicon and the next Sunday after being Easter day Henry the third Imperiali dignitate sublimatus est was crowned Emperour On Passion Sunday Anno 1148. Lewis the King of France afterwards Canonized for a Saint made his first entry into Hierusalem with all his Army and yet we read not any where that it was laid in Bar against him to put by his Sainting as possibly it might be now were it yet to do What should I speak of Councils on this day assembled as that of Chartres Anno 1146. for the recovery of the Holy land of Tours on Trinity Sunday as we call it now Anno 1164. against Octavian the Pseudo-Pope that of Ferrara upon Passion Sunday Anno 1177. against Frederick the Emperour or that of Paris Anno 1226. summoned by Stephen then Bishop there on the fourth Sunday in Lent for the condemning of certain dangerous and erronious positions at that time on foot I have the rather instanced in these particulars partly because they hapned about these times when Prince and Prelate were most intent in laying more and more restraints upon their people for the more honour of this day and partly because being all of them publick actions and such as moved not forwards but by divers wheels they did require
the general tendry of the Roman Schools that which is publickly avowed and made good amongst them And howsoever Petrus de Anchorana and Nicholas Abbat of Patermo two learned Canonists as also Angelus de Clavasio and Silvester de Prierats two as learned Casuists seem to defend the institution of the Lords day to have its ground and warrant on divine Authority yet did the general current of the Schools and of the Canonists also run the other way And in that current still it holds the Jesuits and most learned men in the Church of Rome following the general and received opinion of the Schoolmen whereof see Bellarm. de cultu Sanct. l. 3. c. 11. Estius in 3. Sent. dist 37. Sect. 13. but especially Agsorius in his Institut Moral part second cap. 2. who gives us an whole Catalogue or them which hold the Lords day to be founded only on the authority of the Church Touching the other power the power of Dispensation there is not any thing more certain than that the Church both may and doth dispense with such as have therein offended against her Canons The Canons in themselves do profess as much there being many casus reservati as before we said expressed particularly in those Laws and constitutions which have been made about the keeping of this day and the other Festivals wherein a dispensation lieth if we disobey them Many of these were specified in the former Ages and some occur in these whereof now we write It pleased Pope Gregory the ninth Decretal l. 2. tit de feriis cap. 5. Anno 1228. to inhibit all contentious Suits on the Lords day and the other Festivals and to inhibit them so far that judgment given on any of them should be counted void Etiam consentientibus partibus although both parties were consenting Yet was it with this clause or reservation nisi vel necessitas urgeat vel pietas suadeat unless necessity inforced or piety persuaded that it should be done So in a Synod holden in Valladolit apud vallem Oleti in the parts of Spain Concil Sabiness deâ—feriis Anno 1322. a general restraint was ratified that had been formerly in force quod nullus in diebus dominicis festivis agros colere audeat aut manualia artificia exercere praesitmat that none should henceforth follow Husbandry or exercise himself in mechanick Trades upon the Lords day or the other Holy days Yet was it with the same Proviso nisi urgente necessitate vel evidentis pietatis causa unless upon necessity or apparent piety or charity in each of which he might have licence from the Priest his own Parish-Priest to attend his business Where still observe that the restraint was no less peremptory on the other Holy days than on the Lords day These Holy days as they were named particularly in Pope Gregories Decretal so was a perfect list made of them in the Synod of Lyons â—e consecrat distinct 3. c. 1. Anno 1244. which being celebrated with a great concourse of people from all parts of Christendom the Canons and decrees thereof began forthwith to find a general admittance The Holy days allowed of there were these that follow viz. the feast of Christs nativity St. Stephen St John the Evangelist the Innocents St. Silvâ—ster the Circumcision of our Lord the Epiphany Easter together with the week precedent and the week succeeding the three days in Rogation week the day of Christs Ascension Whitsunday with the two days after St. John the Baptist the feasts of all the twelve Apostles all the festivities of our Lady St. Lawrence all the Lords days in the year St. Michael the Archangel All Saints St. Martins the Wakes or dedication of particular Churches together with the Feasts of such topical or local Saints which some particular people had been pleased to honour with a day particular amongst themselves On these and every one of them the people were restrained as before was said from many several kinds of work on pain of Ecclesiastical censures to be laid on them which did offend unless on some emergent causes either of charity or necessity they were dispensed with for so doing In other of the Festivals which had not yet attained to so great an height the Council thought not fit perhaps by reason of their numbers that men should be restrained from labour as neither that they should be incouraged to it but left them to themselves to bestow those times as might stand best with their affairs and the Common wealth For so the Synod did determine Reliquis festivitatibus quae per annum sunt non esse plebem cogendam ad feriandum sed nec probibendam And in this state things stood a long time together there being none that proferd opposition in reference to these restraints from labour on the greater Festivals though some there were that thought the Festivals too many on which those burden of restraints had unadvisedly been imposed on the common people Nicholas de Clemangis complained much as of some other abuses in the Church so of the multitude of Holy days Ap. Hospin cap. â— de fest 〈◊〉 which had of late times been brought into it And Pet. de Aliaco Cardinal of Cambray in a Discourse by him exhibited to the Council of Constance made publick suit unto the Fathers there assembled that there might a stop be put in that kind hereafter as also that excepting Sundays and the greater Festivals liceret operari post auditum officium it might be lawful for the people after the end of Divine Service to attend their businesses the poor especially having little time enough on the working days ad vitae necessaria procuranda to get their livings But these were only the expressions of well wishing men The Popes were otherwise resolved and did not only keep the Holy days which they found established in the same state in which they found them but added others daily as they saw occasion At last it came unto that pass by reason of that rigorous and exact kind of rest which by the Canon Law had been fastned on them that both the Lords day and the other Festivals were accounted Holy not in relation to the use made of them or to the holy actions done on them in the honour of God but in and of themselves considered they were avowed to be vere aliis sanctiores Bell arm de cultu S. l. 3. c. 10. truly and properly invested with a greater sanctity than the other days Yea so far did they go at last that it is publickly maintained in the Schools of Rome non sublatam esse sed mutatam tantum in novo Testamento significationem discretionem dierum that the difference of days and times and the mysterious significations of the same which had before been used in the Jewish Church was not abolished but only changed in the Church of Christ Aquinas did first lead this Dance in fitting every legal Festival with some that were observed
to the judgment of the Protestants before remembred 2. The Lords day and the other Holy days confessed by all this Kingdom in the Court of Parliament to have no other ground than the authority of the Church 3. The meaning and occasion of that clause in the Common-Prayer book Lord have mercy upon us c. repeated at the end of the fourth Commandment 4. That by the Queens Injunctions and the first Parliament of her Keign the Lords day was not meant for a Sabbath day 5. The doctrine in the Homilies delivered about the Lords day and the Sabbath 6. The sum and substance of that Homily and that it makes not any thing for a Lords day Sabbath 7. The first original of the New Sabbath Speculations in this Church of England by whom and for what cause invented 8. Strange and most monstrous Paradoxes preached on occasion of the former doctrines and of the other effects thereof 9. What care was taken of the Lords day in King James his Reign the spreading of the doctrines and of the Articles of Ireland 10. The Jewish Sabbath set on foot and of King James his declaration about lawful sports on the Lords day 11. What Tracts were writ and published in that Princes time in opposition to the doctrines before remembred 12. In what estate the Lords day and the other Holy days have stood in Scotland since the reformation of Religion in that Kingdom 13. Statutes about the Lords day made by our present Sovereign and the misconstruing of the same His Majesty reviveth and enlargeth the Declaration of King James 14. An exhortation to obedience unto his Majesties most Christian purpose concludes this History THUS are we safely come to these present times the times of Reformation wherein whatever had been taught or done in the former days was publickly brought unto the test and if not well approved of layed aside either as unprofitable or plainly hurtful So dealt the Reformators of the church of England as with other things with that which we have now in hand the Lords day and the other Holy days keeping the days as many of them as were thought convenient for the advancement of true godliness and increase of piety but paring off those superstitious conceits and matters of opinion which had been entertained about them But first before we come to this we will by way of preparation lay down the judgments of some men in the present point men of good quality in their times and such as were content to be made a sacrifice in the common Cause Of these I shall take notice of three particularly according to the several times in the which they lived And first we will begin with Master Frith who suffered in the year 1533. who in his declaration of Baptism thus declares himself Our forefathers saith he Page 96. which were in the beginning of the Church did abrogate the Sabbath to the intent that men might have an ensample of Christian liberty c. Howbeith because it was necessary that a day should be reserved in which the people should come together to hear the Word of God they ordained instead of the Sabbath which was Saturday the next day following which is Sunday And although they might have kept the Saturday with the Jew as a thing indifferent yet they did much better Some three years after him Anno 1536. being the 28. of Henry the eighth suffered Master Tyndall who in his answer to Sir Thomas More hath resolved it thus As for the Sabbath we be Lords over the Sabbath Page 287. and may yet change it into Monday or into any other day as we see need or may make every tenth day Holy day only if we see cause why Neither was there any cause to change it from the Saturday but to put a difference between us and the Jews neither reed we any Holy day at all if the people might be taught without it Last of all bishop Hooper sometimes Bishop of Gloucester who suffered in Queen Maries Reign doth in a Treatise by him written on the Ten Commandments and printed in the year 1550. go the self-same way age 103. We may not think saith he that God gave any more holiness to the Sabbath than to the other days For if ye consider Friday Pag. 103. Saturday or Sunday inasmuch as they be days and the work of God the one is no more holy than the other but that day is always most holy in the which we most apply and give our selves unto holy works To that end did he sanctifie the Sabbath day not that we should give our selves to illness or such Ethnical pastime as is now used amongst Ethnical people but being free that day from the travels of this World we might consider the works and benefits of God with thanksgiving hear the Word of God honour him and fear him then to learn who and where be the poor of Christ that want our help Thus they and they amongst them have resolved on these four conclusions First that one day is no more holy than another the Sunday than the Saturday or the Friday further than they are set apart for holy Uses Secondly that the Lords day hath no institution from divine authority but was ordained by our fore-fathers in the beginning of the Church that so the people might have a Day to come together and hear Gods Word Thirdly that still the Church hath power to change the day from Sunday unto Monday or what day she will And lastly that one day in seven is not the Moral part of the fourth Commandment for Mr. Tyndal saith expresly that by the Church of God each tenth day only may be kept holy if we see cause why So that the marvel is the greater that any man should now affirm as some men have done that they are willing to lay down both their Lives and Livings in maintenance of those contrary Opinions which in these latter days have been taken up Now that which was affirmed by them in their particulars was not long afterwards made good by the general Body of this Church and State the King the Lords Spiritual and Temporal and all the Commons met in Parliament Anno the fifth and sixth of King Edward the sixth 5 6 Edw. 6. cap. 3. where to the honour of Almighty God it was thus enacted For as much as men be not at all times so mindful to Iaud and praise God so ready to resort to hear Gods holy Word and to come to the holy Communion c. as their bounden duty doth require therefore to call men to remembrance of their duty and to help their infirmity it hath been wholsomly provided that there should be some certain times and days appointed wherein the Christians should cease from all kind of labour and apply themselves only and wholly unto the aforesaid holy works properly pertaining to true Keligion c. Which works as they may well be called Gods Service so the time
that many an honest and well-meaning man both of the Clergy and the Laity either because of the appearance of the thing it self or out of some opinion of those men who first endeavoured to promote it became exceedingly affected towards the same as taking it to be a Doctrin sent down from Heaven for encrease of Piety So easily did they believe it and grew at last so strongly possessed therewith that in the end they would not willingly be persuaded to conceive otherwise thereof than at first they did or think they swallowed down the hook when they took the bait An hook indeed which had so fastned them to those men who love to fish in troubled waters that by this Artifice there was no small hope conceived amongst them to fortifie their side and make good that cause which till this trim Deceit was thought of was almost grown desperate Once I am sure that by this means the Brethren who before endeavoured to bring all Christian Kings and Princes under the yoke of their Presbyteries made little doubt to bring them under the command of their Sabbath Doctrines And though they failed of that applauded parity which they so much aimed at in the advancing of their Elderships yet hoped they without more ado to bring all higher Powers whatever into an equal rank with the common people in the observance of their Jewish Sabbatarian rigours So Doctor Bound declares himself pag. 171. The Magistrate saith he and Governours in authority how High soever cannot take any priviledg to himself whereby he might be occupied about worldly business when other men should rest from labour It seems they hoped to see the greatest Kings and Princes make suit unto their Consistory for a Dispensation as often as the great Affairs of State or what cause soever induced them otherwise to spend that Day or any part or parcel of it than by the new Sabbath Doctrine had been permitted For the endearing of the which as formerly to endear their Elderships they spared no place or Text of Scripture where the word Elder did occur and without going to the Heralds had framed a Pedigree thereof from Jethro from Noahs Ark and from Adam finally so did these men proceed in their new devices publishing out of holy Writ both the antiquity and authority of their Sabbath day No passage of Gods Book unransacked where there was mention of a Sabbath whether the legal Sabbath charged on the Jews or the spiritual Sabbath of the Soul from sin which was not fitted and applied to the present purpose though if examined as it ought with no better reason than Paveant illi non paveam ego was by an ignorant Priest alledged from Scripture to prove that his Parishioners ought to pave the Chancel Yet upon confidence of these proofs they did already begin to sing Victoria especially by reason of the enterteinment which the said Doctrines found with the common people For thus the Doctor boasts himself in his second Edition Anno 606. as before was said Many godly learned both in their Preachings Writings and Disputations did concur with him in that Argument and that the lives of many Christians in many places of the Kingdom were framed according to his Doctrine p. 61. Particularly in the Epistle to the Reader that within few years three several profitable Treatises successively were written by three godly learned Preachers Greenhams was one whoseever were the other two that in the mouth of two or three witnesses the Doctrine of the Sabbath might be established Egregiam verò laudem spolia ampla But whatsoever cause he had thus to boast himself in the success of his new Doctrines the Church I am sure had little cause to rejoyce thereat For what did follow hereupon but such monstrous Paradoxes and those delivered in the Pulpit as would make every good man tremble at the hearing of them First as my Author tells me it was preached at a Market Town in Oxfordshire that to do any servile work or business on the Lords day was as great a sin as to kill a man or commit adultery Secondly preached in Somersetshire that to throw a Bowl on the Lords day was as great a sin as to kill a man Thirdly in Norfolk that to make a Feast or dress a Wedding Dinner on the Lords day was as great a sin as for a Father to take a knife and cut his childs throat Fourthly in Suffolk that to ring more Bells than one on the Lords day was as great a sin as to commit Murder I add what once I heard my self at Sergeants Inn in Fleetstreet about five years since that temporal death was at this day to be inflicted by the Law of God on the Sabbath-breaker on him that on the Lords day did the works of his daily calling with a grave application unto my Masters of the Law that if they did their ordinary works on the Sabbath day in taking Fees and giving Counsel they should consider what they did deserve by the Law of God And certainly these and the like conclusions cannot but follow most directly on the former Principles For that the fourth Commandment be plainly moral obliging us as straitly as it did the Jews and that the Lords day be to be observed according to the prescript of that Commandment it must needs be that every wilful breach thereof is of no lower nature than Idolatry or blaspheming of the Name of GOD or any other deadly sin against the first Table and therefore questionless as great as Murder or Adultery or any sin against the second But to go forwards where I left my Author whom before I spake of being present when the Suffolk Minister was convented for his so lewd and impious Doctrine was the occasion that those Sabbatarian errours and impieties were first brought to light and to the knowledg of the State On which discovery as he tells us this good ensued that the said books of the Sabbath were called in and forbidden to be printed and made common Archbishop Whitguift by his Letters and Visitations did the one Anno 1599. and Sir John Popham Lord Chief Justice did the other Anno 1600. at Bury in Suffolk Good remedies indeed had they been soon enough applyed yet not so good as those which formerly were applied to Thacker and his fellow in the aforesaid Town of Bury for publishing the books of Brown against the service of the Church Nor was this all the fruit of so bad a Doctrine For by inculcating to the people these new Sabbath speculations teaching that that day only was of Gods appointment and all the rest observed in the Church of England a remnant of the will-worship in the Church of Rome the other holy days in this Church established were so shrewdly shaken that till this day they are not well recovered of the blow then given Nor came this on the by or besides their purpose but as a thing that specially was intended from the first beginning from
of Trinity Colledge in Cambridge in a Letter to the late Archbishop Cont. Dom. p. 167. bearing date Decemb. 15. 1630. in which he writes that their Doctrines of Predestination is the root of Puritanism and Puritanism is the root of all Rebellions and disobedient untractableness in Parliaments c. and of all Schism and saweiness in the Countrey nay in the Church it self making many thousands of our People and too great a part of the Gentlemen of the Land very Leightons in their hearts which Leighton had published not long before a most pestilent and seditious Book against the Bishops called Sions Plea in which he excited the People to strike the Bishops under the fifth rib reviling the Queen by the name of a Daughter of Heth and for the same was after censured in the Star-Chamber to Pillory loss of Ears c. But because perhaps it may be said that this is but a new device excogitated by the malice of these later times to defame this doctrine Answer to a certain Lett. p. 38. let us behold what Campneys hath delivered of it in the first or second year of Queen Eliz. at the first peeping of it out to disturb this Church Where saith he who seeth not the distraction of England to follow this Doctrine Who seeth not the confusion of all Common-wealths to depend hereupon What Prince may sit safely in the seat of his Kingdom What subject may live quietly possessing his own What man shall be ruled by the right of Law If these Opinions may be perfectly placed in the hearts of the People Which Corollary he brings in in the end of a discourse touching the Rebellion raised by Martin Cyrnel and seconded by the Earl of Lincoln Martin Swarth and others against Hen. VII For building on the Culvinian Maxim that as God doth appoint the end so he appointeth also the means and causes which lead unto it he thereupon inferreth that Martin Swarth and his men according to that Doctrine were destined by God to be slain at the Batrel of Stoke In order whereunto first Sir Richard Simon the Priest must be appointed and predestinate of God to pour in the pestilent poyson of privy Conspiracy and trayterous mischief of vain glory into the heart of Lambert his Scholar as a cause leading to the same end Secondly Ibid. p. 38. That he the said Lambert was appointed and predestinate of God to consent and agree unto the pestiferous persuasion of his Master S. Richard in the pride of Lucifer to aspire unto the Royal Throne as another cause leading to the same end which God ordained Thirdly That the Irish men were appointed of God to be Rebellious Traytors against their Soveraign Lord the King of England and to maintain the false and filthy quarrel of Lambert as another cause leading to the same end Fourthly That in order to the said end the Lady Margaret Sister to K. Edw. IV. was appointed and predestinate of God to be a Traytoress to England and to imploy all her wits forces and power to the utter destruction of her natural Countrey And fifthly in particular that the said Lady Margaret was appointed of God to hire the said Martin Swarth and his men to invade the Realm of England Sixthly and finally that the said Martin Swarth the Earl of Lincoln the Lord Lorel the Lord Gerrard and divers others Captains of the Rebels were appointed and predestinate of God to be of such valiant courage in maintaining the false quarrel of trayterous Lambert that they were slain and on the other side many a brave English mans blood was shed at the Battel of Stoke which was the end of this woful Tragedy Let them say therefore what they can or will this meer necessity which our men teach is the very same which the Stoicks did hold which opinion because it destroyed the state of a Common-wealth was banished out of Rome as St. Augustine declareth in lib. Quaest Vet. Nov. Testam And thus the different judgments of all the other Western Churches and the several Subdivisions of them in the five controverted Points being laid together with such discourses and disputes as have occasionally been made and raised about them we will next shew to which of the said differing parties the Church of England seems most inclinable and afterwards proceed in the story of it Historia Quinqu-Articularis OR A DECLARATION Of the Judgment of the WESTERN-CHVRCHES And more particularly of the CHURCH of ENGLAND In the Five Controverted Points PART II. Containing the Judgment of the Church of England and the most Eminent Divines thereof in the Reign of King Henry VIII and King Edward VI. CHAP. VII An Introduction to the Doctrine of the Church of England in the Points disputed with the Removal of some rubs which are laid in the way 1. The Doctrine of the Homilies concerning the Endowments of man at his first Creation 2. His miserable fall 3. And the promised hopes of his Restitution in the Lord Christ Jesus 4. A general Declaration of the judgment of the Church of England in the points disputed exemplified in the story of Agilmond and Lamistus Kings of Lombardy 5. The contrary judgment of Wicklif objected answered and applied to all modern Heresies 6. A general answer to the like Argument pretended to be drawn from the Writings of Frith Tyndal and Barns But more particularly 7. The judgment of Dr. Barns in the present points and the grounds on which he builded the same 8. Small comfort to be found from the works of Tyndal in favour of the Calvinian Doctrines 9. The falsifyings of John Frith and others in the Doctrine of Predestination reproved by Tyndal 10. A parallel between some of our first Martyrs and the blind man restored to sight in the eighth of Saint Mark. BEing therefore in the next place to declare the Judgment of the Church of England I shall prepare the way by laying down her publick Doctrine touching the Fall of Adam and the Restitution of man-kind in Jesus Christ that having cleared God from being the Author of sin and having laid a sure foundation for the Restitution of Mankind to Gods grace and favour and consequently to the hopes of Eternal Life we may proceed with more assurance to the rest that followeth Hom. of the Nativity fol. 167. And this we cannot better do than by laying down the words of the Homily concerning the Nativity and Birth of our Lord and Saviour Jesus Christ where we find it thus Among all the Creatures saith the Homily that God made in the beginning of the world most excellent and wonderful in their kind there was none as the Scripture beareth witness to be compared almost in any point unto man who as well in body as soul exceedeth all other no less than the Sun in brightness and light exceedeth every bright and little Star in the Firmament He was made according to the similitude and Image of God he was endued with all kind
Clergy Mr. John Hooker Bishop of Gloucester and Martyr of whose Exposition of the Ten Commandments and his short Paraphrase on Romans 13. we shall make frequent use hereafter a man whose works were well approved of by Bishop Ridley the most learned and judicious of all the Prelates who notwithstanding they differed in some points of Ceremony professeth an agreement with him in all points of Doctrine as appears by a Letter written to him when they were both Prisoners for the truth and ready to give up their lives as they after did in defence thereof Now the words of the Letter are as followeth But now my dear Brother forasmuch as I understand by your works which I have but superficially seen that we throughly agree and wholly consent together in those things which are the grounds and substantial points of our Religion Acts and Mon. fol. 1366. against the which the world now so rageth in these our days Howsoever in times past in certain by-matters and circumstances of Religion your wisdom and my simplicity and ignorance have jarred each of us following the abundance of his own sense and judgment Now I say be you assured that even with my whole heart God is the witness in the bowels of Christ I love you in truth and for the truths sake that abideth in us and I am persuaded by the grace of God shall abide in us for evermore The like agreement there was also between Ridley and Cranmer Cranmer ascribing very much to the judgment and opinion of the learned Prelate as himself was not ashamed to confess at his Examination for which see Fox in the Acts and Monuments fol. 1702. By these men and the rest of the Convocation the Articles of Religion being in number 41 were agreed upon ratified by the Kings Authority and published both in Latine and English with these following Titles viz. Articuli de quibus in Synodo Londinens A.D. 1552. ad tollendam opinionum dissentionem consensum verae Religionis firmandum inter Episcopos alios eruditos viros convenerat Regia authoritate Londin editi that is to say Articles agreed upon by the Bishops and other learned men assembled in the Synod at London Anno 1552. and published by the Kings Authority for the avoiding of diversities of opinions and for the establishing of consent touching true Religion Amongst which Articles countenanced in Convocation by Queen Elizabeth Ann. 1562. the Doctrine of the Church in the five controverted points is thus delivered according to the form and order which we have observed in the rest before 1. Of Divine Predestination Predestination to life is the everlasting purpose of God whereby before the foundations of the World were laid he hath constantly ordered by his Council Artic. 17. secret unto us to deliver from curse and damnation those whom be hath chosen in Christ out of man-kind and to bring them by Christ to everlasting salvation as vessels made to honour Furthermore we must receive Gods promises in such wise at they be generally set forth to us in holy Scripture and in our doing the will of God that is to be followed which we have expresly declared to us in the Word of God 2. Of the Redemption of the World by the faith of Christ The Son which is the Word begotten of the Father begotten from everlasting of the Father c. and being very God and very Man did truly suffer was Crucified Dead and Buried Artic. 2. to reconcile his Father to us and be a Sacrifice not only for Original guilt but also for the actual sins of men The Offering of Christ once made Artic. 31. is this perfect Redemption Propitiation and Satisfaction to all the sins of the whole world both Original and Actual 3. Of mans will in the state of depraved nature Artic. 9. Man by Original sin is so far gone from Original righteousness that of his own nature be is inclined to evil so that the flesh lusteth always contrary to the Spirit and therefore Works done before the grace of Christ Artic. 13. and the inspiration of his Spirit are not pleasant to God forasmuch as they spring not of faith in Jesus Christ neither do they make men meet to receive grace or as the School Authors say deserve grace of Congruity 4. Of the manner of Conversion The condition of man after the fall of Adam is such that he cannot turn and prepare himself by his own natural strength and good works Artic. 10. to faith and calling upon God wherefore we have no power to do good works pleasant and acceptable to God without the grace of God by Christ preventing us that we may have a good will and working with us when we have that good will 5. Of the uncertainty of Perseverance The Grace of Repentance is not to be denied to such as fall into sin after Baptism in regard that after we have received the Holy Ghost Artic. 16. we may depart from grace given and fall into sin and by the grace of God we may arise again and amend our lives and therefore they are to be condemned which say they can no more sin as long as they live here or deny the place of Repentance to such as truly repent Now in these Articles as in all others of the book there are these two things to be observed 1. What Authority they carried in respect of the making And 2. How we are to understand them in respect of the meaning And first for their Authority it was as good in all regards as the Laws could give them being first treated and agreed upon by the Bishops and Clergy in their Convocation and afterwards confirmed by the Letters Patents of Edw. VI. under the Great Seal of England But against this it is objected That the Records of this Convocation are but a degree above blanks that the Bishops and Clergy then assembled had no Commission from the King to meddle in Church business that the King durst not trust the Clergy of that time in so great a matter on a just jealousie which he had of the ill affections of the major part and therefore the trust of this great business was committed unto some few Confidents cordial to the cause of Religion and not unto the body of a Convocation To which it hath been already answered That the Objector is here guilty of a greater crime than that of Scandalum magnatum making King Edward VI. of pious memory no better than an impious and lewd Impostor in fathering those children on the Convocation which had not been of their begetting For first the Title to the Articles runneth thus at large Articuli de quibus c. as before we had it which Title none durst adventure to set before them had they not really been the products of the Convocation Secondly the King had no reason to have any such jealousie at that time of the major part of the Clergy but that he might
tres solum inventi fuere qui edicto resisterint that is to say the Word of God is not made the weaker by my sole appearing in defence thereof no more than when there were but three he means the three Hebrew Children in the Book of Daniel which durst make open opposition to the Kings Edict Liberius thought himself sufficient to keep possession of a truth in the Church of Christ till God should please to raise up more Champions in all places to defend the same not thinking it necessary to return any other answer or to produce the names of any others of his time who turned Athanasius as much as he which brings into my mind a passage in the conference betwixt Dr. Ban Featly and Sweat the Jesuite in which the Jesuite much insisted on that thred-bare question viz. where was your Church before Luther which when the Doctor went to shew out of Scriptures and Fathers some of the Papists standing by cried out for names those which stood further of ingeminating nothing but Names Names whereupon the Dr. merily asked them if nothing would content them but a Buttery book And such an Answer I must make in the present case to such as take up testimony by tale not weight and think no truth is fairly proved except it come attended with a cloud of witnesses But what we want in number now he shall find hereafter when we shall come to take a view of King James his Reign to which now we hasten CHAP. XXII Of the Conference at Hampton Court and the several encouragements given to the Anti-Calvinians in the time of King James 1. The occasion of the conference at Hampton Court and the chief persons there assembled 2. The nine Articles of Lambeth rejected by King James 3. Those of the Church being left in their former condition 4. The Calvinian Doctrine of Predestination decryed by Bishop Bancroft and disliked by King James and the reasons of it 5. Bishop Bancroft and his Chaplain both abused the inserting the Lambeth Articles into the confession of Ireland no argument of King James his approbation of them by whom they were inserted and for what cause allowed of in the said Confession 6. A pious fraud of the Calvinians in clapping their predestinarian Doctrines at the end of the Old Testament An. 1607. discovered censured and rejected with the reasons for it 7. The great incouragement given by King James to the Anti-calvinians and the increasing of that party both in power and number by the stirs in Holland 8. The offence taken by King James at Conradus Vorstius animateth the Oxon. Calvinists to suspend Dr. Houson and to preach publickly against Dr. Laud. 9. The like proceedings at Cambridge against Mr. Simpson first prosecuted by King James and on what account that the King was more incensed against the party of Arminius than against their persuasions 10. Instructions published by King James in order to the diminishing of Calvins Authority the defence of universal Redemption and the suppressing of his Doctrines in the other points and why the last proved so unuseful in the case of Gabriel Bridges 11. The publishing of Mountagues answer to the Gagger the information made against it the Author and his Doctrine taken by King James into his protection and his appeal licensed by the Kings appointment 12. The conclusion of the whole discourse and the submission of it to the Church of England NOw we come unto the Reign of King James of happy memory whose breeding in the kirk of Scotland had given some hopes of seeing better days to the English Puritans than those which they enjoyed under Queen Elizabeth Upon which hopes they presented him at his first coming to the Crown with a supplication no less tedious than it was impertinent given out to be subscribed with a thousand hands though it wanted many of that number and aiming at an alteration in many points both of Doctrine and Discipline But they soon found themselves deceived For first the King commanded by publick Proclamation that the divine service of the Church should be diligently officiated and frequented as in former times under pain of suffering the severest penalties by the Laws provided in that case And that being done instead of giving such a favourable answer to their supplication as they had flattered themselves withal he commended the answering of it to the Vice-Chancellour Heads and other Learned men of the University of Oxon from whom there was nothing to be looked for toward their contentment But being thirdly a just Prince and willing to give satisfaction to the just desires of such as did apply themselves unto him as also to inform himself in all such particulars as were in difference betwixt the Petitioners and the Prelates he appointed a solemn Conference to be held before him at Hampton Court on Thursday the 12th of January Anno 1603. being within less than ten moneths after his entrance on the Kingdom To which Conference were called by several Letters on the Churches part the most Reverend and right renowned Fathers in God Dr. John Whitgift Arch-bishop of Canterbury Dr. Richard Bancroft Bishop of London Dr. Tobie Matthews Bishop of Durham Dr. Thomas Bilson Bishop of Winchester Dr. Gervase Babbinton Bishop of Worchester Dr. Anthony Rudd Bishop of Davids Dr. Anthony Walson Bishop of Chichester Dr. Henry Robbinson Bishop of Carlile and Dr. Thomas Dove Bishop of Peterborough as also Dr. James Mountague Dean of the Chappel Dr. Thomas Ravis Dean of Christ Church Dr. John Bridges Dean of Sarum Dr. Lancelot Andrews Dean of Westminster Dr. John Overald Dean of Saint Pauls Dr. William Barlaw Dean of Chester Dr. Giles Tompson Dean of Windsor together with Dr. Joh King Arch-Deacon of Nottingham and Dr. Richard Field after Dean of Glocester all of them habited and attired according to their several ranks and stations in the Church of England And on the other side there appeared for the Plantiff or Petitioner Dr. Reynolds Dr. Spark Mr. Knewstubs and Mr. Chatterton the two first being of Oxon and the other of Cambridge Con. at H. C. p. 27. apparelled in their Turky Gowns to shew as Bishop Bancroft tartly noted they desired rather to conform themselves in outward Ceremonies with the Turks than they did with the Papists The first day of the Conference being spent betwixt the King and the Bishops the second which was the 16th of the same moneth was given to the Plantiffs to present their grievances and to remonstrate their desires amongst which it was named by Dr. Reynolds Con. at H. C. p. 24. as the mouth of the rest That the nine Assertions Orthodoxal as he termed them concluded upon at Lambeth might be inserted into the Book of Articles which when King James seemed not to understand as having never heard before of those nine Assertions Pag. 40. c. He was informed that by reason of some Controversies arising in Cambridge about certain points of Divinity my Lords Grace
and approbation published the Exposition or Analysis of our Articles in which he gives the Calvinist as fair quarter as can be wished But first beginning with the last so much of the Objection as concerns Bishop Bancrost is extreamly false not agreeing to the Lambeth Articles not being Bishop of London when those Articles were agreed unto as is mistakingly affirmed and that Analysis of Explication of our English Articles related to in the Objection being published in the year 1585. which was ten years before the making of the Lambeth articles and eighteen years before Bancroft had been made Archbishop And secondly It is not very true that King James liked that is to say was well pleased with the putting of those Articles into the confession of the Church of Ireland though the said Confession was subscribed in his name by the Lord Deputy Chichester is plainly enough not without his consent for many other things were in the Confession to which the Lord Deputy subscribed and the King consented as affairs then stood which afterwards he declared no great liking to either of the Tenor or effect thereof For the truth is that the drawing up of that Confession being committed principally to the care of Dr. Vsher and afterwards Lord Primate of Ireland a professed Calvinian he did not only thrust into it all the Lambeth Articles but also many others of his own Opinions as namely That the Pope was Antichrist or that man of sin that the power of sacerdotal Absolution is no more than declaratory as also touching the morality of the Lords day Sabbath and the total spending of it in religious Exercises Which last how contrary it is to King Jame's Judgment how little cause he had to like it or rather how much reason he had to dislike it his declaration about lawful Sports which he published within three years after doth express sufficiently so that the King might give confent to the confirming of these Articles amongst the rest though he liked as little of the one as he did of the other And he might do it on these Reasons For first The Irish Nation at that time were most tenaciously addicted to Errors and corruptions of the Church of Rome and therefore must be bended to the other extream before they could be sireight and Orthodox in these points of doctrine Secondly It was an usual practice with the King in the whole course of his Government to ballance one extream by the other countenancing the Papist against the Puritan and the Puritan sometimes against the Papist that betwixt both the true Religion and Professors of it might be kept in safety With greater Artifice but less Authority have some of our Calvinians framed unto themselves another Argument derived from certain Questions and answers printed at the end of the Bible published by Rob. Barker his Majesties own Printer in the year 1607. from whence it is inferred by the Author of the Anti-Arminianism Anti-Armin p. 54. and from him by others that the said Questions and Answers do contain a punctual Declaration of the received doctrine of this Church in the points disputed But the worst is they signifie nothing to the purpose for which they were produced For I would fain know by what Authority those Questions and Answers were added to the end of the Bible If by Authority and that such Authority can be produced the Argument will be of force which it takes from them and then no question but the same Authority by which they were placed there at first would have preserved them in that place for a longer time than during the sale of that Edition The not retaining them in such Editions as have followed since the sale of that shews plainly that they were of no anthority in themselves nor intended by the Church for a rule to others and being of no older standing than the year 1607. for ought appears by Mr. Prin who first made the Objection they must needs seem as destitute of antiquity as they are of authority so that upon the whole matter the Author of the Book hath furnished those of different Judgment with a very strong argument that they wrre foisted in by the fraud and practice of some of the Emissaries of the Puritan Faction who hoped in time to have them pass as currant amongst the people as any part of Canonical Scripture Such Piae fraudes as these are we should have too many were they once allowed of Some prayers were also added to the end of the Bible in some Editions and others at the end of the publick Liturgy Which being neglected at the first and afterwards beheld as the authorized prayers of the Church were by command left out of those Books and Bibles as being the compositions of private men not the publick acts of the Church and never since added as before But to return unto King James we find not so much countenance given to the Calvinians by the fraud of his Printer as their opposites received by his grace and favour by which they were invested in the chief preferments of the Church of England conferred as openly and freely upon the Anti-Calvinians as those who had been bread up in the other persuasions Tros Tyriusque mihi nullo discrimine habentur as we know who said For presently upon the end of the Conference he prefers Bishop Bancroft to the Chair of Canterbury and not long after Dr. Barlow to the See of Rochester On whose translation unto Lincoln Dr. Richard Neil then Dean of westminster succeeds at Rochester and leaves Dr. Buckridge there for his successour at his removal unto Lichfield in the year 1609. Dr. Samuel Harsnet is advanced to the See of Chichester and about ten years after unto that of Norwich In the beginning of the year 1614. Dr. Overald succeeds Neil then translated to Lincoln in the See of Coventry and Lichfield Dr. George Mountein succeeded the said Neil then translated to Durham in the Church of Lincoln In the year 1619. Dr. John Houson one of the Canons of Christs Church a professed Anti-Calvinist is made Bishop of Oxon. And in the year 1621. Dr. Valentine Cary Successor unto Overald in the Deanry of St. Paul is made Bishop of Exon and on the same day Dr. William Laud who had been Pupil unto Buckridge as before said is consecrated Bishop of St. Davids By which encouragements the Anti-Calvinians or old English Protestants took heart again and more openly declared themselves than they had done formerly the several Bishops above-named finding so gracious a Patron of the learned King are as being themselves as bountiful Patrons respect being had to the performants in their nomination to their Friends and followers By means whereof though they found many a Rub in the way and were sometimes brought under censure by the adverse party yet in the end they surmounted all difficulties and came at last to be altogether as considerable both for power and number as the Calvinists were Towards which
Kings than of the Thief that steals thy goods or the Adulterer that defiles thy marriage-bed or the Murderer that seeks thy life all which are reckoned for Gods curses in the holy Scripture The point we purpose to make proof of goeth not down so easily that is to say That in the vilest men and most unworthy of all honour if they be once advanced to the publick Government there doth reside that excellent and divine Authority which God hath given in holy Scripture to those who are the Ministers of his heavenly Justice who therefore are to be reverenced by the Subject for as much as doth concern them in the way of their publick duties with as much honour and obedience as they would reverence the best King were he given unto them And first the Reader must take notice of the especial Act and Providence of Almighty God SECT 26. not without cause so oft remembred in the Scriptures in disposing Kingdoms Dan. 2 21 37. and segging up such Kings as to him seems best The Lord saith Danicl changeth the times and the seasons he removeth Kings and setteth up Kings And in another place That the living may know that the most High ruleth in the Kingdoms of men and giveth them to whomsoever he will Which kind of sentences as they are very frequent in the Scriptures so is that Prophesie most plentiful and abundant in them No man is ignorant that Nebuchadnezzar who destroyed Hierusalem was a great spoiler and oppressor yet the Lord tells us by Ezechicl that he had given unto him the land of Egypt for the good service he had done in laying it waste on his Commandment Dan. 2.37 And Daniel said unto him thus Thou O King art a King of Kings for the God of Heaven hath given thee a Kingdom power and strength and glory And wheresoever the children of men dwell the beasts of the field and the fowls of heaven hath he given into thy hand and hath made thee Ruler over them all Again to Belshazzer his son Dan. 5.18 The most high God gave unto Nebuchadnezzar thy father a Kingdom and majesty and glory and honour and for the majesty that he gave him all people nations and languages trembled and feared before him Now when we hear that Kings are placed over us by God let us be pleased to call to mind those several precepts to fear and honour them which God hath given us in his Book holding the vilest Tyrant in as high account as God hath graciously vouchsafed to estate him in When Samuel told the people of the house of Israel what they should suffer from their King 1 Sam. 8.11 he expressed it thus This will be the manner of the King which shall reign over you he will take your sons and appoint them for himself for his Chariots and to be his Horsemen and some shall run before his Chariots And he will appoint him Captains over thousands and Captains over fifties and will set them to ear his ground and to reap his harvest and to make his instruments of War and instruments of his Chariots And he will take your daughters to be his Confectionaries and to be Cooks and to be Bakers And he will take your fields and your Vineyards and your Olive-yards even the best of them and give them to his servants And he will take the tenth of your seed and of your Vineyards and give to his Officers and to his Servants And he will take your men-servants and your maid-servants and your goodliest young men and your Asses and put them to his work He will take the tenth of your sheep and ye shall be his Servants Assuredly their Kings could not do this lawfully whom God had otherwise instructed in the Book of the Law but it is therefore called Jus Regis the right of Kings upon the Subject which of necessity the Subjects were to submit unto and not to make the least resistance As if the Prophet had thus said So far shall the licentiousness of your Kings extend it self which you shall have no power to restrain or remedy to whom there shall be nothing left but to receive the intimation of their pleasures and fulfil the same But most remarkable is that place in the Prophet Jeremy SECT 27. which though it be somewhat of the longest I will here put down because it doth so plainly state the present question Jer. 27. â— I have made the earth saith the Lord the man and the beast that are upon the ground by my great power and by my out-stretched Arm and have given it unto whom it seemed meet unto me And now have I given all these Lands into the hand of Nebuchadnezzar King of Babylon my Servant and the Beasts of the field have I given him also to serve him and all Nations shall serve him and his Son and his Sons Son until the very time of his Land come and it shall come to pass that the Nation and Kingdom which will not serve the same Nebuchadnezzar King of Babylon and that will not put their neck under the yoke of the King of Babylon that Nation will I punish saith the Lord with the sword and with the famine and with the pestilence wherefore serve the King of Babylong and live We see by this how great a measure of obedience was required by God towards that fierce and cruel Tyrant only because he was advanced to the Kingly Throne and did by consequence participate of that Regal Majesty which is not to be violated without grievous sin Let us therefore have this always in our mind and before our eyes that by the same decree of God on which the power of Kings is constituted the very wickedest Princes are established and let not such seditious thoughts be admitted by us that is to say that we must deal with Kings no otherwise than they do deserve and that it is no right nor reason that we should shew our selves obedient subjects unto him who doth not mutually perform the duty of a King to us It is a poor objection which some men have made viz. that that command was only proper to the Israelites for mark upon what grounds the command was given SECT 28. I have given saith the the Kingdom unto Nebuchadnezzar wherefore serve him and ye shall live and thereupon it needs must follow that upon whomsoever God bestows a Kingdom to him we must address our service and that assoon as God hath raised any to the Regal Throne he doth sufficiently declare his will to be that he would have that man to reign over us Some general testimonies of this truth are in holy Scripture For thus saith solomon For the transgression of a Land many are the Princes thereof Prov. 24.2 and job He looseth the band of Kings and girdeth their loins with a girdly Job 12.18 Which if confessed there is no remedy at all but we must serve those Kings if we mean to
was the Authority of the Ephori erected in the time of King Theopompus about 130 years after the death of Lycurgus A second reason which induced those Kings to ordain these Ephori was to ease themselves and delegate upon them that remainder of the Royal power which could not be exercised but within the City For the Kings having little or no command but in Wars abroad cared not for being much at home and thereupon ordained these Officers to supply their places Concerning which Cleomenes thus discourseth to the Spartans after they had destroyed the Ephori and suppressed the Office Id in Agis Cleomenes informing them that Lycurgus had joyned the Senators with the Kings by whom the Common-wealth was a long time governed without help of any other Officers that afterwards the City having great Wars with the Messenians the Kings were always so imployed in that War that they could not attend the affairs of the State at home and thereupon made choice of certain of their friends to sit in judgment in their stead whom they called the Ephori 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for a long time did govern only as the Kings Ministers though afterwards by little and little they took unto themselves the supreme Authority Another reason hath been given of the institution which is that if a difference grew between the two Kings in a point of judgment there might be some to arbitrate between them and to have the casting voice amongst them when the difference could not be agreed And this is that which Lisander and Mandroclidas two that had been Ephori suggested unto Agis and Cleombrotus the two Kings of Sparta declaring Id. ibid. That the Office of the Ephori was erected for no other reason 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. But because they should give their voices unto that King who had the best reason on his side when the other would wilfully withstand both right and reason and therefore that they two agreeing might lawfully do what they would without controlment that to resist the Kings was a breach of Law considering that the Ephori by Law had no power nor priviledge but only to arbitrate between them when there was any cause of jar or controversie And this was so received at Sparta for an undoubted truth that Cleomenes being sole King upon the death of Agis of the other house recalled Archidamus the Brother of Agis from his place of Banishment with an intent to make him King not doubting but they two should agree together and thereby make the Ephori of no power nor use So then we have three reasons of the institution and more than these I cannot find of which there is not one that favoureth the device of Calvin or intimateth that the Authority of the Ephori was set up to pull down the Kings And to say truth it is a most unlikely matter that the Kings of Sparta having so little power remaining should need more Officers to restrain them than they had before that they should make a new rod for their own poor backs and add five Masters more to those eight and twenty which Lycurgus had imposed upon them Which makes me wonder much at Tully who doth acknowledge that the Ephori were ordained by Theopompus as both Aristotle and Plutarch do affirm and yet will have them instituted for no other cause nisi ut oppositi sint Regibus but to oppose and curb the Kings Aristot Polit. l. 5. c. 11. Cicero de legibus l. 3. but more that Plato who had so much advantage of him both in time and place should ascribe the institution to Lycurgus and tell us that he did not only ordain the Senate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plato Ep. 8. edit gr lat To. 3. but that he did also constitute the Ephorate for the strength and preservation of the Regal power For out of doubt it is affirmed by Plutarch confirmed by Scaliger and may be gathered from some passages in Eusebius Chronicon and the Authority of Aristotle Plut. in Lycurgo Scalig. animadvers in Euseb Chron. who refers the same to Theopompus as before was shewed that the first Institution was no less than 130 years after the death of Lycurgus Who was the first that bore this Office hath been made a question but never till these later times when men are grown such Sceptics as to doubt of every thing Plutarch affirms for certain 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that the first Ephorus that is to say the first 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plutarch in Lycurgo who had the name of Ephorus by way of excellency for otherwise there were five in all was called Elatus and hereto Scaliger did once agree as appears expresly pag. 67. of his Annotations on Eusebius where he declares it in these words Primus Elatus renunciatur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But after having a desire to control Eusebius he takes occasion by some words in Diogenes Laertius to cry up Chilo for the man first positively Primus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fuit Chilon and next exclusively of Elatus Quibus animadversis non fuerit Elatus primus Ephorus sed Chilon To make this good being a fancy of his own and as his own most dearly cherished he produceth first the testimony of Laertius and afterwards confirms the same by a new emendatio temporum a Calculation and accompt of his own inventing The words produced from Laertius are these verbatim 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Which is thus rendred in the Latine Diogen Lat. 1. l. 1. in Chilo and I think exactly Fuit autem Ephorus circa quinquagessimam quintam Olympiada Porro Pamphila circa sextam ait primumque Ephorum fuisse sub Euthydemo autore Sosicrate primumque instituisse ut Regibus Ephori adjungerentur Satyrus Lycurgum dixit If it be granted in the first place that Chilo was not made Ephorus until the 55. Olympiad as 't is plain it was not and Scaliger affirms as much it must needs follow upon true account that either Chilo was not the first Ephorus or that the Ephori were not instituted in more than twice an hundred and thirty years after Lycurgus had new molded the Common-wealth contrary unto that which is said by Plutarch and out of him repeated by Joseph Scaliger For from the time wherein Lycurgus made his Laws which was in the 25 year of Archelaus the eighth King of the Elder House unto the death of Alcamenes which was the year before the first Olympiad Euseb Chron. lib. post p. 114. of Scaligers edit were 112 years just none under From thence unto the last year of the 55. 220 years compleat which put together make no fewer than 332 years full a large misreckoning Whereas the second year of the fifth Olympiad in which Eusebius puts the Institution of the Ephori both in the Greek and Latine Copies set out by Scaliger himself Pag. 117. of the Latin and 35 of the Greek Edition that second
Princes of the line of Cecrops now it began to be Elective Tacit. hist l. 1. and to be given to them who best pleased the people Et loco libertatis erat quod eligi coeperunt and it was some degree of liberty and a great one too that they had power to nominate and elect their Princes But long they did not like of this although no doubt a great intrusion on the Regal dignity The Princes were too absolute when they held for life not so observant of the people as it was expected because not liable to accompt nor to be called unto a reckoning till it was too late till death had freed them from their faults and the peoples censure And therefore having tried the Government of thirteen of these perpetual Archontes of which Medon the son of Codrus was the first and the last Alemaeon In decem annos Magistratuum consuetudo conversa est they introduced another custom Euseb in Chr. Asrican apud Euseb Chronâ— and every tenth year changed their Governors These they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Decennial Archontes of which they had but seven in all and then gave them over and from that time were governed by nine Officers or Magistrates chosen every year who for that cause were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the Annual Magistrates And yet it is to be observed that in both these changes the Archon whosoever he was and whether he was for term of life or for ten years only had all the power which formerly was belonging to the Kings save the very name in which regard Eusebius doth not stick to call them by the name of Kings where speaking of the institution of these Annual Magistrates he doth thus express is Euseb Chron. Athenis Annui principes constituti sunt cessantibus Regibus as S. Hierom renders it Now for these Annual Magistrates they were these that follow that is to say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Jul. P. 〈◊〉 in Onomast l. 8. c. 9. which we may call the Provost who 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was called the Archon the Bishop or High Priest the Marshal and the six Chief Justices Of these the Provost was the chief 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of whom they did denominate the ensuing year and by whose name they dated all their private Contracts and Acts of State Id ibid. Sect. 2. To him it appertained to have a care of celebrating the Orgies of Bacchus and the great Festival which they termed Thargelia consecrated to Apollo and Diana as also to take cognizance of misdemeanors and in particular to punish those who were common Drunkards and to determine in all cases which concerned matter of inheritance and furthermore to nominate Arbitrators for the ending of Suits and private differences to appoint Guardians unto Orphans and Overseers unto Women left with child by their Husbands The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whom we call the Bishop or High Priest had the charge of all the sacred mysteries 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Id. ibid. Sect. 3. and the administration of the usual and accustomed Sacrifices together with the cognizance of sacriledg prophaneness and all other actions which concerned Religion as also power to interdict litigious persons or Common Barretters as we call them from being present at the celebration of the holy Mysteries And he retained the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because that anciently their Kings as in all places else had the chief hand in matters which related to the publick service of the Gods and the solemn Sacrifices On the which reason and no other the Romans had their Regem Sacrificulum whom Plutarch calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in imitation of the Latine but Dionysius 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plutarch in Problemat Dionys Halicarnas hist l. 5. Livie hist Roman lib. 2. in the true Greek phrase of which Livie thus Rerum deinde divinarum habita cura quia quaedam publica sacra per ipsos Reges factitata erant necubi Regum desiderium esset Regem Sacrificulum creant But to proceed the Polemarchus whom we English by the name of Marshal sat Judg in cases of sedition and such whereby the grandeur of the State might suffer detriment as also in all actions which concerned either Denizens or Merchant-strangers and unto him it appertained to sacrifice to Diana and to Mars the two military Deities Jul. Pollux in Onomast l. 8. c. 93. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and to prescribe the funeral pomp for such as lost their lives in their Countreys service Each of these had their two Assessors Id. ibid. Sect. of their own Election but so that they were bound to chuse them out of the Senate of five hundred from no lower rank Finally for the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who we call Chief Justices they were six in number 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Suidas in Lex and had authority to give Judgment absolutely in all Civil pleas to judg of strangers which abused the priviledges which they had in the City of Bribery Conspiracies false inscriptions in cases of Adultery and publick crimes in points of Trade Jul. Pollux in Onomast ll 4. c. 9. sect 1. and actions which concerned the Stannaries as also to review the sentence of the Provost and the decrees of the Senate if occasion were and to give notice to the people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Julius Pollux if any man preferred a Law which was not profitable and expedient for the Common-wealth Such were the Officers and such the duty of those Officers ordained at Athens upon the last alteration of the Government which before we spake of and amongst these we find not any popular Magistrate who was to have a care of the common people and to preserve them in their rights and liberties from the oppression of the greater and more powerful Citizens much less set up of purpose to oppose the Senate And to say truth we must not look for any such amongst the Nine nor in these times in which this alteration of the Government was first established They could not fall immediately from a Regal State to a Democratical but they must take the Aristocratie in the way unto it They had been under Kings at first or such as had the power of Kings although not the name And when they chose these Annual Officers they chose them ex nobilibus urbis out of the Nobles only Euseb Chron. Scaliger in Aâ—imadveâ—s as Eusebius hath it which Scaliger is forced to grant to be so at first though out of a desire to confute his Author he would very fain have had it otherwise Whether or no they had such Officers as Calvin dreams of when they had setled their Democratie we shall see anon having first shewn by whom and by what degrees the Government of the State was cast on the peoples shoulders and the form thereof made meerly popular or Democratical For certainly it is most true that never
darling Doctrine of this present time so is it very eagerly pursued by Buchannan who affirms expresly Quicquid juris populus alicui dederit Buchann de jure Regni idem justis de causis posse reposcere that whatsoever power the people give unto their King or Supream Magistrate they may resume again upon just occasions Their Power they make so small and inconsiderable that they afford them very little even in matters of Temporal and no Authority at all in things Spiritual Calvin professeth for himself that he was very much agrieved to hear that King Henry the eighth had took unto himself the Title of Supream Head of the Church of England accuseth them of inconsiderate zeal nay blasphemy who conferred it on him and though he be content at last to allow Kings a Ministerial power in matters which concern the Reformation of Gods Publick Worship yet he condemns them as before of great inconsiderateness Calvin in Amos cap. 7. Qui facerent eos nimis spirituales who did ascribe unto them any great authority in spiritual matters The designation of all those who bear publick Office in the Church the calling of Councils or Assemblies the Presidency in those Councils Ordaining publick Fasts and appointing Festivals which anciently belonged unto Christian Princes as the chief branches of the Ecclesiastical Jurisdiction which is vested in them are utterly denied to Kings and Princes in their Books of Discipline Insomuch that when the Citizens of Embden did expel their Earl they did it chiefly for this reason Thuan. hist l. 114. Quod se negotiis Ecclesiasticis Consistorialibus praeter jus aequitatem immisceret that he had intermedled more than they thought fit in Ecclesiastical causes and intrenched too much upon their Consistory As for their power in Temporal or civil Causes by that time Knoxes Peers and Buchannans Judges Paraeus his inferiour Magistrates and Calvins popular Officers have performed their parts in keeping them within the compass of the Laws arraigning them for their offences if they should transgress opposing them by force of Arms if any thing be done unto the prejudice of the Church or State and finally in regulating their Authority after the manner of the Spartan Ephori and the Roman Tribunes all that is left will be by much too little for a Royd'Ivitot or for a King of Clouts as we English phrase it Last of all for their persons which God held so sacred that he gave it for a Law to his people Israel not to speak evil of their Princes saying Thou shalt not speak evil of the Ruler of thy people Let us but look upon these men and we shall find the basest attributes too good for the greatest Kings Calvin calls Mary Queen of England by the name of Proserpine Calvin in Amos cap. 7. and saith that she did superare omnes Diabolos that all the Devils of Hell were not half so mischievous Beza affords Queen Mary of Scotland no better Titles than those of Medea and Athaliah Beza in Epist ad Jo. of which the last was most infamous in divine the other no less scandalous in humane stories the one a Sorceress and a Witch the other a Tyrant and Usurper The Author of the Altare Damascenum whosoever he was can find no better attribute for King James of most blessed memory than infensissimus Evangelii hostis Didoclaviuâ— in Epistola ad â—â—ctor the greatest and deadly Enemy of the Gospel of Christ And Queen Elizabeth her self did not scape so clear but that the zealous Brethren were too bold sometimes with her Name and Honour though some of them paid dearly for it and were hanged for their labour How that seditious Hugonot the Author of the lewd and unworthy Dialogue entituled Eusebius Philadelphus hath dealt with three great Princes of the House of France and what reproachful names he gives them I had rather you should look for in the Author than expect from me being loath to wade too far in these dirty puddles save that I shall be bold to add this general Character which Didoclavius gives to all Kings in general viz. Naturâ insitum est in omnibus Regibus Christi odium that all Kings naturally hate Christ which may serve for all This is enough to let us see how irreconcileable an hatred these of the Calvinian faction bear against Kings and Princes how well they play the part of the very Antichrist in exalting themselves against whatsoever is called God and that the special reason why they affect so much to be called the Saints is out of a strong probable hope to see the day in which they shall bind Kings in chains and all the Princes of the earth in fetters of iron Finally such is their disaffection unto sacred Monarchy which they have sucked out of the grounds and principles here laid down by Calvin that we may justly say of them what was most truely said of the ancient Romans quasi nefas esset Regem aliquem prope eorum terminos esse Jâ—stin hist l. 29. they have bestirred themselves so bravely in defiance of the Regal Government as if they did account it an unpardonable sin to suffer any King though most good and gracious to border near them Which lest they should not be of power to compass by their popular Magistrates or by the Judges or the Peers or the People severally which make the main Battel for this Combat let us next look on the Reserve and see what hopes they have to effect the business by the three Estates conjoyned in Parliament or by what other name soever we shall call their meeting which Calvin in the last place doth reflect upon but cautiously with a qua forte or a peradventure as in that before CHAP. V. What are the three Estates in each several Kingdom in which CALVIN speaks and what particularly in the Realm of England 1. Of the division of a People into three Estates and that the Priests or Clergy have been always one 2. The Priests employed in Civil matters and affairs of State by the Egyptians and the Persians the Greeks Gauls and Romans 3. The Priests and Levites exercised in affairs of Civil Government by Gods own appointment 4. The Prelates versed in Civil matters and affairs of State in the best and happiest times of Christianity 5. The Clergy make the third Estate in Germany France Spain and the Northern Kingdoms 6. That antiently in the Saxon times the Ecclesiasticks of this Realm were called to all publick Councils 7. The Prelates an essential fundamental part of the English Parliament 8. Objections answered and that the word Clerus in the Legal notion doth not extend unto the Prelates 9. That the inferior Clergy of the Realm of England had anciently their Votes in Parliament to all intents and purposes as the Commons had 10. Objections answered and that the calling of the Clergy to Parliaments and Convocations were after different maners and by several Writs
inquisition or Impeachment the Lords in that of Judicature and determination with the consent and approbation of the King though many times without his personal assent and presence The King may be abused in his Grants and Patents to the oppression of the people or the dilapidation and destruction of the Royal Patrimony Judges and other the great Officers of Law and Equity are subject to corruptions and may smell of gifts whereby the passages of Justices do become obstructed The Ministers of inferiour Courts as well Ecclesiastical as Civil either exhaust the miserable Subject by Extortions or else consume him by delays Erroneous judgments may be given through fear or favour to the undoing of a man and his whole posterity in which his Majesties Justices of either Bench can afford no remedy The great Ones of the State may become too insolent and the poor too miserable and many other ways there are by which the Fabrick of the State may be out of Order for the removing of which mischiefs the rectifying of which abuses the Lords and Commons in their several ways before remembred are of special use yet so that if the King's Grants do come in question or any of his Officers are called to a reckoning they used heretofore to signifie unto his Majesty what they found therein and he accordingly either revoked his Grants or displaced his Servants or by some other means gave way unto their contentment the Kings consent being always necessary and received as a part of the final sentence if they went so far So that we may conclude this point with these words of Bodin who being well acquainted with the Government of this State and Nation partly by way of Conference with Dr. Dale the Queens Ambassadour in France and partly in the way of observation when he was in England doth give this resolution of the point in Controversie Bodin de Repub l. 1. o. 8. Habere quidem Ordines Anglorum authoritatem quandam jura vero majestatis imperii summam in unius Principis arbitrio versari The States saith he of England have a kind of Authority but all the Rights of Sovereignty and command in chief are at the will and pleasure of the Prince alone And to say truth although the Lords and Commons met in Parliament are of great Authority especially as they have improved it in these later times yet were they never of such power but that the Kings have for the most part over-ruled them and made them pliant and conformable to their own desires and this not only by themselves but sometimes also by their Judges by their Council often For such was the great care and wisdom of our former Kings as not to venture single on that numerous Body of the two Houses of Parliament whereby the Sovereignty might be so easily over-matched but to take with them for Affistants as well the Lords of their Privy Council with whom they might advise in matters which concerned them in their Sovereign Rights as their learned Council as they call them consisting of the Judges and most eminent Lawyers from whom they might receive instruction as the case required and neither do nor suffer wrong in point of Law and by both these as well as by the power and awe of their personal presence have they not only regulated but restrained their Parliaments And this is easily demonstrable by continual practice 4 Ed. 1. For in the Statute of Bigamie made in the fourth year of King Edward I. it is said expresly That in the prefence of certain Reverend Fathers Bishops of England and others of the Kings Council the Constitutions under-written were recited and after published before the King his Council forasmuch as all the Kings Council as well Justices as others did agree that they should be put in writing and observed In the Articuli super Chartas when the Great Charter was confirmed at the request of the Prelates 28 Ed. 1. c. 2. Earls and Barons we find these two claufes the one in the beginning thus Nevertheless the King and his Council do not intend by reason of this Statute Ibid. c. 20. to diminish the Kings right c. The other in the clofe of all in these following words And notwithstanding all these things mentioned or any part of them both the King and his Council and all they which were present at the making of this Ordinance do will and intend that the Right and Prerogative of his Crown shall be saved in all things In the 27th of King Edward the 3d. The Commons presenting a Petition to the King 27 Ed. 3. which the Kings Council did mislike were content thereupon to mend and explain their Petition the Form of which Petition is in these words following To their most redoubted Sovereign Lord the King praying the Commons that whereas they have prayed him to be discharged of all manner of Articles of the Lyre c. which Petition seemeth to his Council to be prejudicial unto him and in disherison of his Crown if it were so generally granted his said Commons not willing not desiring to demand things of him which should fall in disherison of him or of his Crown perpetually as of Escheats c. but of Trespasses Misprifions Negligences and Ignorances c. In the 13th of the reign of King Richard the 2d when the Commons did pray that upon pain of forfeiture the Chancellor or Council of the King should not after the end of the Parliament make any Ordinance against the Common Law 13 Rich. 2. the King by the advice of his Council answered Let it be used as it hath been used before this time so as the Regality of the King be saved for the King will save his Regalities 4 Hen. 4. as his Predecessors have done In the 4th year of King Henry IV. when the Commons complained against Sub-poenae's and other Writs grounded upon false suggestions the King upon the same advice returned this Answer that he would give in charge to his Officers that they should abstain more than before time they had to send for his Subjects in that manner But yet saith he it is not our intention that our Officers shall so abstain that they may not send for our Subjects in matters and causes necessary as it hath been used in the time of our good Progenitors Finally not to bring forth more particulars in a case so clear it was the constant custom in all Parliaments till the Reign of King Henry V. that when any Bill had passed both Houses Henr. 5. and was presented to the King for his Royal Assent the King by the abvice of his Privy Council or his Council learned in the Laws or sometimes of both did use to cross out and obliterate as much or as little of it as he pleased to leave out what he liked not and confirmed the rest that only which the King confirmed being held for Law And though in the succeeding
held on the 25th of June 1622. were severally condemned to be erroneous scandalous and destructive of Monarchical Government Upon which Sentence or determination the King gave order that as many of those books as could be gotten should solemnly and publickly be burnt in each of the Universities and St. Pauls Church-yard which was done accordingly An accident much complained of by the Puriten party for a long time after who looked upon it as the funeral pile of their Hopes and Projects till by degrees they got fresh courage carrying on their designs more secretly by consequence more dangerously than before they did The terrible effects whereof we have seen and felt in our late Civil Wars and present confusions But it is time to close this point and come to a conclusion of the whole discourse there be no other Objections that I know of but what are easily reduced unto those before or not worth the answering 15. Thus have we taken a brief survey of those insinuations grounds or principles call them what you will which Calvin hath laid down in his book of Institutions for the incouragement of the Subjects to rebellious courses and putting them in Arms against their Sovereign either in case of Tyranny Licentiousness or Mal-administration of what sort soever by which the Subject may pretend that they are oppressed either in point of Liberty or in point of Property And we have shewn upon what false and weak foundations he hath raised his building how much he hath mistaken or abused his Authors but how much more he hath betrayed and abused his Readers For we have clearly proved and directly manifested out of the best Records and Monuments of the former times that the Ephori were not instituted in the State of Sparta to oppose the Kings nor the Tribunes in the State of Rome to oppose the Consuls nor the Demarchi in the Common-wealth of Athens to oppose the Senate or if they were that this could no way serve to advance his purpose of setting up such popular Officers in the Kingdoms of Christendom those Officers being only found in Aristocraties or Democraties but never heard or dreamt of in a Monarchical Government And we have shewn both who they are which constitute the three Estates in all Christian Kingdoms and that there is no Christian Kingdom in which the three Estates convened in Parliament or by what other name soever they do call them have any authority either to regulate the person of the Sovereign Prince or restrain his power in case he be a Sovereign Prince and not meerly titular and conditional and that it is not to be found in Holy Scripture that they are or were ordained by God to be the Patrons and Protectors of the common people and therefore chargeable with no less a crime than a most perfidious dissimulation should they connive at Kings when they play the Tyrants or wantonly abuse that power which the Lord hath given them to the oppression of their Subjects In which last points touching the designation of the three Estates and the authority pretended to be vested in them I have carried a more particular eye on this Kingdom of England where those pernicious Principles and insinuations which our Author gives us have been too readily imbraced and too eagerly pursued by those of his party and opinion If herein I have done any service to supream Authority my Countrey and some misguided Zealots of it I shall have reason to rejoyce in my undertaking If not posterity shall not say that Calvins memory was so sacred with me and his name so venerable as rather to suffer such a Stumbling-block to be laid in the Subjects way without being censured and removed than either his authority should be brought in question or any of his Dictates to a legal tryal Having been purchased by the Lord at so dear a price we are to be no longer the Servants of men or to have the truth of God with respect of persons I have God to be my Father and the Church my Mother and therefore have not only pleaded the cause of Kings and Supream Magistrates who are the Deputies of God but added somewhat in behalf of the Church of England whose rights and priviledges I have pleaded to my best abilities The issue and success I refer to him by whom Kings do Reign and who appointed Kings and other Supream Magistrates to be nursing Fathers to his Church that as they do receive authority and power from the hands of God so they may use the same in the protection and defence of the Church of God and God even their own God will give them his Blessing and save them from the striving of unruly people whose mouth speaketh proud words and their right hand is a right hand of iniquity FINIS De Jure Paritatis Episcoporum OR A BRIEF DISCOURSE ASSERTING THE Bishops Right of Peerage WHICH EITHER By Law or Ancient Custom DOTH Belong unto them WRITTEN By the Learned and Reverend PETER HEYLYN D. D. In the Year 1640. When it was Voted in the Lords House That no Bishop should be of the Committee for the preparatory Examination of the EARL of STRAFFORD He being dead yet speaketh Heb. xi 4. LONDON Printed by M. Clark for C. Harper 1681. A PREFACE ALthough there are Books enough writ to vindicate the Honours and Priviledges of Bishops yet to those that are fore-stalled with prejudice and passion all that can be said or done will be little enough to make them wise unto sobriety to prevail with them not to contradict the conviction of their mind with absurd and fond reasonings but that Truth may conquer their prepossessions and may find so easie an access and welcome unto their practical judgments that they may profess their faith and subjection to that order which by a misguided zeal they once endeavoured to destroy Many are the methods that have been and are still used to rase up the foundation of Episcopacy and to make the Name of Bishop to be had no more in remembrance For first some strike at the Order and Function it self And yet St. Paul reckons it among his faithful sayings 1 Tim. 3.1 that the Office of a Bishop is a good work And the order continued perpetually in the Church without any interruption of time or decrees of Councils to the contrary for the space of many Centuries after the Ascension of Christ and the Martyrdom of the Apostles For they ordained Bishops and approved them Before St. John died Rome had a succession of no less than four viz. Linus Anacletus Clemens and Evaristus Jerusalem had James the just and Simeon the Son of Cleophas Antioch had Euodius and Ignatius and St. Mark Anianus Abilius and Cerdo successively fill'd the See of Alexandria All these lived in St. Johns days and their order obeyed by Christians and blessed by God throughout the whole world for the Conversion of Jews and Gentiles for the perfecting of the Saints and the edifying of
the Body of Christ Nay their labour was blessed by God first for the Conversion and then for the Resormation of this Church and Kingdom and therefore I hope there is no sober Protestant in England but will heartily say Amen to that Prayer of Mr. Beza's who although no great Adorer of Episcopacy yet considerdering the Blessings that God brought to this Nation by their Ministry put up this devout Petition Si nunc Anglicanae Ecclesiae instauratae suorum Episcoporum Archiepiscoporum auctoritate suffultae perstant quemadmodum hoc illi nostra memoria contigit ut ejus ordininis homines non tantum insignes Dei martyres sed etiam praestantissimos pastores ac Doctores habuerit fruatur sane istâ singulari Dei beneficentia quae utinam sit illi perpetua Theod. Bez. ad Tract de min. Evang. Grad ab Hadr. Sarav cap. 18. Fruatur Anglia ista singulari Dei Beneficentiâ quae utinam sit illi perpetua Let England enjoy that singular Blessing of God which I pray to God may be perpetual to it There are others that envy them their Honours and Dignities For though the Holy Spirit of God does oblige all Christians to esteem their Bishops very highly or more than abundantly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in love for their work sake 1 Thes 5.12 13. and reason it self dictates that the honours confer'd upon Representatives and Embassadors redound to the Prince that delegates and imploys them though Jews Heathens and Mahomâ—tans ever paid the profoundest Veneration to their Priests Caliphs and Musti's and our Relig ous Ancestors in the Saxon Danish and Norman times set the highest value upon their Bishops yet the Religion of this Age is to load them with all possible Calumnies and Reproaches and with Corah and his Complices to charge them with taking too much upon them and to disdain to set them with the Dogs of their Flocks The Priests were Judges in Egypt and so were the Magi and Areopagites who were sacred persons in Persia and Athens and it was no other wise with the Druids amongst the Ancient Britains and Gauls For Caesar tells us how their Office extended to things Temporal as well as Religious Sacrificia publica privata procurant religiones interpretantur Druides a bello a besse consueverunt ni que tributa una cum reliquis pendunt St quod admissum est facinus si caedes facta si de haereditate de finibus controversia est iidem decernunt Caesar Com. lib. 6. that they did not only order publick and private Sacrifices and expound Religion and instruct Youth but were free from Contribution and Warfare and all burthens of State and determined all Controversies both publick and private and executed the place both of Priests and Judges for if any offence were committed as Murther or Man-slaughter or any Controversie arose touching Lands or Inheritance they sentenced it rewarding the Vertuous and punishing the Wicked The Patricii the noblest Romans were ambitious to be admitted into the College of the Priests and when the Government became Monarchical the Emperors took upon them the pontifical Dignity thinking it no diminution of them Grandeur to be imployed about the Service of the gods but rather conceiving the Priesthood too noble an imployment to be confer'd upon a Subject But we need no other Testimonies to convince us of the Rights of Church-men for the management of the civil concerns of human Society that the holy Scriptures Amongst the Jews the Civil and Ecclesiastical power were not so distinguished but one and the same person exercised both For not to expatiate upon particular instances Melchisedeck Eli Samuel Ezra Esdras were all Priests and had the power not only of Ecclesiastical but Civil jurisaictior Neither could Samuel have hewed Agag in pieces with his own hand 1 Sam. 15.33 if it had been unlawful for persons dedicated to the sacred Offices of Religion to havè intermeddled in causes of blood Which very instance proves that Clergy-men are not excluded from managing the highest secular concerns by any immutable Laws of God or Nature And if there are any Canons or Councils that forbid them to meddle in things of that kind that so they may the better attend upon the sacred Offices and Exercises of Religion let those be obligatory to the persons unto whom they were delivered but not be pleaded or produced to the prejudice of English Bishops who have distinct Priviledges and Laws For there have been Constitutions that have forbidden Church-men to Marry to make Wills to be Executors of mens Wills and Testaments to be the Wards of Orphans c. And these Constitutions are of as great force to bind the Clergy of England as the Council of Toledo to thrust the Bishops out of the House of Lords in Causes of Attainder and Blood Let the Archbishops of Ments and Colen with other Princes of the Empire look to it if it be unlawful for Ecclesiastical persons to adjudge Criminals to death It will be infinite to shew how St. Ambrose St. Augustin and the Godly Bishops of all Ages had no Supersedeas given them to intermeddle in things civil and secular because of their Wisdom and Knowledge in things Sacred and Divine Certainly the Holy Spirit of God did not conceive it unfit that Worldly matters and Controversies should be committed to Church-men for it is highly reasonable to think that those who are the Pastors of mens Souls will be the best Judges in determining their civil Rights It could not indeed be expected whilst the Empire was Heathen that Bishops should be busied and employed in Secular affairs unless it were in those Controversies which arose among the Christians themselves wherein St. Paul gives direction that they should rather determine their Contentions by a private Arbitrement of their own than by the publick judgments of their Enemies 1 Cor. 6. But when Kings became Christians Soz. lib. 1. c. 9. we find persons making their Appeals from the Tribunals of Princes to the Consistory of Bishops For then Bishops had power to reverse the sentence of death and to stay the hands of Executioners when the poor Criminals were going to receive the reward of their Iniquities just as the Praetors and Consuls of Rome would submit their Fasces those Ensigns of Authority when they did but casually meet with some of the Priests Constantine granted the Bishops this priviledge that condemned Malefactors might appeal unto their Courts and when such appeals were made the Bishops had power as well to deliver them over into the hands of Justice as to extend unto them a Pardon or Reprieve For the priviledge confer'd on them was as well for the punishment and terror of the Wicked as for mitigating the rigour of Justice and encouraging Criminals to Vertue and Repentance Mr. Selden himself who was none of the best Friends to Church-men grants that for four thousand years the Civil and Ecclesiastick jurisdiction went always hand in hand
together Ex hisce simul sanè ex primo secundo libro hoc satis puto constabit per Annos amplius M. M. M. M. tam sacrorum regimen qua forense esset atque à functione facrâ ritè distinctum quam profanorum five res spectes five personas juxta jus etiam divinum ex Ecclesiae Judaicae populorumque Dei anteriorum disciplinâ perpetuâ ad eosdem attinuisse judices seu Magistratus ejusdem Religionis atque ad synedria eadem neutiquam omnino ex juris istius instituto aliquo sacrorum prosanorum instar Ecclesiarum seu Spiritualium laicorum seu teorporalium Nominibus nullatenus discriminata Seld. de syn praefat libr. secundi And so it did till Pope Nicolas made the one independent upon the other So that their disunion is a Popish Innovation for till his time the Judges of Church and State ever sate together affairs Sacred and Religious were scan'd and determined in the morning and those that were Secular and Civil in the afternoon There was not till that time any clashing between Moses and Aaron no prohibitions out of one Court to stop or evacuate the proceedings of another and then it was that Justice run down like a stream and Righteousness like a mighty River If it be said that there are many corruptions among Church-men and especially in Ecclesiastical Courts The answer is That Callings must be distinguish'd from persons or else those two noble professions of Law and Physick will fall under the same condemnation with Divinity No man of any sobriety will condemn either of those professions because there are some Empericks in the World who kill mens Bodies and some Petifoggers that intangle and ruine their Estates And I hope Divines may have some grains of allowance granted them as well as the Inns of Court and Chancery and the College of Physicians if they cannot let that Calling which is most innocent cast the first stone It cannot be hoped that there will in this Age be a Revival of the primitive usage of these two Jurisdictions But yet this ought to be seriously regarded by all who have any belief of a Deity and regard for their native Country I mean that either our English Monarchs might be totally excused from their Coronation-Oath or not be put upon a necessity of violating thereof Their Oath in favour of the Clergy is that they will grant and keep the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward their Predecessor according to the Laws of God Rushw Hist Collect. part 1◠pag. 204. the true profession of the Gospel established in this Kingdom agreeable to the Prerogative of the Kings thereof and the Ancient customs of the Realm But how this Oath is observed when the Bishops are infringed in their ancient and indisputable priviledges let it be considered by all persons of sober mind and principles And let it be declared what order of men in the whole Nation the King can rely upon with so much safety and confidence as upon the Bishops and that not only upon the account of their Learning Wisdom Sanctity and Integrity qualifications not every day to be met withal in State-Politicians but upon the score of Gratitude and Interest For 't is from their Prince that they derive their Honours Dignities Titles Revenues Priviledges Power Jurisdictions with all other secular advantages and upon this account there is greater probability that they will be faithful to his Concerns and Interests than those who receive nothing from him but the common advantages of Government But this argument is known too well by our Anti-Episcopal Democraticks And perhaps 't is the chief if not the only reason of their enmity against an Order of men of so sacred and venerable an Institution As for this little Treatise the Author of it is too well known unto this Nation to invite any Scholar to peruse it It was written when the Bishops were Voted by the House of Lords not to be of the Committee in the Examination of the Earl of Strafford For then it was that Dr. Heylyn considered the case and put these few Sheets as a MSS. into the hands of several of the Bishops that they might be the better enabled to assert and vindicate their own Rights It was only intended for private use and therefore the Reader is not to expect so punctual an accuracy as he may find in other Treatises of this Learned Author It has been perused by some persons of good Eminency for judgment and station in the Church of England and by them approved and commended All that is wished by the Publisher is that it may produce the effects which he proposes to himself in exposing it to publick view and that those Lords who are now Prisoners in the Tower and from whose tryal some have laboured to exclude the Bishops were able to give unto the World as convincing Evidence of their Innocency as that great and generous States man did who fell a Sacrifice to a prevailing Faction and whose Innocent Blood was so far from being a lustration to the Court as some thought it would have proved as it drew after it such a deluge of Gore as for many preceding years had never been spilt in this Kingdom But 't is not my design or desire to revive any of the Injustice or Inhumanities of the last Age. Suffice it to say that it was for this Apostolical Government of Bishops that King Charles the First lost his Kingdoms his Crown his Life And the exclusion of Bishops from Voting in causes of blood was the prologue to all those Tragical mischiefs that happened to that Religion and Renowned Prince And those who have the least veneration for his present Majesty cannot certainly conceive him a King of such slender and weak abilities as to permit Himself and Family to be ruined by those very methods with which his Father was before him De jure Paritatis Episcoporum OR The Right of Peerage vindicated to the BISHOPS OF ENGLAND SINCE the restoring of the Bishops to their place and Vote in the House of Peers I find a difference to be raised between a Peer of the Realm and a Lord of the Parliament and then this Inference or Insinuation to be built upon it that though the Bishops are admitted to be Lords of Parliament yet they are not to be reckoned amongst the Peers of the Realm the contrary whereof I shall endeavour to make good in this following Essay and that not only from the Testimony of approved Writers but from unquestioned Records Book-Cases Acts of Parliament and such further Arguments as may be able to evince the point which we have in hand But first perhaps it may be said that there is no such difference in truth and verity betwixt a Lord of Parliament and a Peer of the Realm but that we may conclude the the Bishops to be Peers of the Realm if they be once admitted to
Page 477 6. The prosecution of the former story and ill success therein of the undertakers ibid. 7. Restraint of worldly business on the Lords day and the other Holy-days admitted in those times in Scotland Page 478 8. Restraint of certain servile works on Sundays Holy-days and the Wakes concluded in the Council of Oxon under Henry III. ibid. 9. Husbandry and Legal process prohibited on the Lords day first in the Reign of Edward III. Page 479 10. Selling of Wools on the Lords day and the solemn Feasts forbidden first by the said King Edward as after Fairs and Markets generally by King Henry VI. Page 480 11. The Cordwainers of London restrained from selling their Wares on the Lords day and some other Festivals by King Edward IV. and the repealing of that Act by King Henry VIII Page 481 12. In what estate the Lords day stood both for the doctrine and the practice in the beginning of the Reign of the said King Henry ibid. CHAP. VIII The story of the Lords day from the Reformation of Religion in this Kingdom till this present time 1. The doctrine of the Sabbath and the Lords day delivered by three several Martyrs conformably to the judgment of the Protestants before remembred Page 483 2. The Lords day and the other Holy-days confessed by all this Kingdom in the Court of Parliament to have no other ground than the Authority of the Church Page 484 3. The meaning and occasion of that clause in the Common-Prayer-book Lord have mercy upon us c. repeated at the end of the fourth Commandment Page 485 4. That by the Queens Injunctions and the first Parliament of her Reign the Lords day was not meant for a Sabbath day Page 486 5. The doctrine in the Homilies delivered about the Lords day and the Sabbath ibid. 6. The sum and substance of that Homily and that it makes not any thing for a Lords day Sabbath Page 487 7. The first original of the New Sabbath Speculations in this Church of England by whom and for what cause invented Page 489 8. Strange and most monstrous Paradoxes preached on occasion of the former doctrines and of the other effects thereof Page 490 9. What care was taken of the Lords day in King James his Reign the spreading of the doctrines and of the Articles of Ireland Page 491 10. The Jewish Sabbath set on foot and of King James his Declaration about Lawful sports on the Lords day Page 493 11. What Tracts were writ and published in that Princes time in opposition to the doctrines before remembred ibid. 12. In what estate the Lords day and the other Holy-days have stood in Scotland since the Reformation of Religion in that Kingdom Page 494 13. Statutes about the Lords day made by our present Sovereign and the misconstruing of the same His Majesty reviveth and enlargeth the Declaration of King James Page 496 14. An exortation to obedience unto his Majesties most Christian purpose concludes this History Page 497 Historia Quinqu-Articularis Or a Declaration of the Judgment of the Western Churches and more particularly of the Church of England in the five Controverted Points c. CHAP. I. The several Heresies of those who make God to be the Author of Sin or attribute too much to the Natural freedom of Man's Will in the Works of Piety 1. God affirmed by Florinus to be the Author of sin the Blasphemy encountred by Irenaeus and the foul Consequents thereof Page 505 2. Revived in the last Ages by the Libertines said by the Papists to proceed from the Schools of Calvin and by the Calvinists to proceed from the Schools of Rome Page 506 3. Disguised by the Maniches in another dress and the necessity thereby imposed on the Wills of men ibid. 4. The like by Bardesanes and the Priscilianists the dangerous consequents thereof exemplified out of Homer and the words of St. Augustine Page 507 5. The Error of the Maniches touching the servitude of the Will revived by Luther and continued by the rigid Lutherans ibid. 6. As those of Bardesanes and Priscilian by that of Calvin touching the Absolute Decree the dangers which lie hidden under the Decree and the incompatibleness thereof with Christs coming to Judgment ibid. 7. The large expressions of the Ancient Fathers touching the freedom of the Will abused by Pelagius and his followers Page 508 8. The Heresie of Pelagius in what it did consist especially as to this particular and the dangers of it ibid. 9. The Pelagian Heresie condemned and recalled the temper of S. Augustine touching the freedom of the Will in spiritual matters ibid. 10. Pelagianism falsly charged on the Moderate Lutherans How far all parties do agree about the freedom of the Will and in what they differ Page 509 CHAP. II. Of the Debates amongst the Divines in the Council of Trent touching Predestination and Original Sin 1. The Articles drawn from the Writings of the Zuinglians touching Predestination and Reprobation Page 510 2. The Doctrine of Predestination according to the Dominican way ibid. 3. As also the old Franciscans with Reasons for their own and against the other Page 511 4. The Historians judgment interposed between the Parties ibid. 5. The middle way of Catarinus to compose the differences ibid. 6. The newness of St. Augustines Opinion and the dislike thereof by the most Learned men in the Ages following Page 512 7. The perplexities amongst the Theologues touching the absoluteness of the Decrees ibid. 8. The judgment of the said Divines touching the possibility of falling from Grace ibid. 9. The Debates about the nature and transmitting of Original Sin ibid. 10. The Doctrine of the Council in it Page 513 CHAP. III. The like Debates about Free-will with the Conclusions of the Council in the five Controverted Points 1. The Articles against the Freedom of the Will extracted out of Luther's Writings Page 314 2. The exclamation of the Divines against Luther's Doctrine in the Point and the absurdities thereof ibid. 3. The several judgments of Marinarus Catarinus and Andreas Vega ibid. 4. The different judgment of the Dominicans and Franciscans whether it lay in mans power to believe or not to believe and whether the freedom of the Will were lost in Adam ibid. 5. As also of the Point of the co-operation of mans Will with the Grace of God Page 515 6. The opinion of Frier Catanca in the point of irresistibility ibid. 7. Faintly maintained by Soto a Dominican Fryer and more cordially approved by others but in time rejected ibid. 8. The great care taken by the Legates in having the Articles so framed as to please all parties Page 516 9. The Doctrine of the Council in the five Controverted Points ibid. 10. A Transition from the Council of Trent to the Protestant and Reformed Churches Page 517 CHAP. IV. The judgment of the Lutherans and Calvinians in these five Points with some Objections made against the Conclusions of the Council of Dort 1. No difference in Five Points betwixt the
doctrins An Answer to the Objection touching the paucity of those who opposed the same ibid. 10. Possession of a truth maintained but by one or two preserves it sacred and inviolable for more fortunate times the case of Liberius Pope of Rome and that the testimonies of this kind are rather to be valued by weight than tale Page 627 CHAP. XXII Of the Conference at Hampton Court and the several encouragements given to the Anti-Calvinians in the time of King James 1. The occasion of the conference at Hampton Court and the chief persons there assembled Page 628 2. The nine Articles of Lambeth rejected by King James Page 629 3. Those of the Church being left in their former condition ibid. 4. The Calvinian Doctrine of Predestination decryed by Bishop Bancroft and disliked by King James and the reasons of it Page 630 5. Bishop Bancroft and his Chaplain both abused The inserting the Lambeth Articles into the confession of Ireland no argument of King James his approbation of them by whom they were inserted and for what cause allowed of in the said Confession ibid. 6. A pious fraud of the Calvinians in clapping their Predestinarian Doctrines at the end of the Old Testament Anno 1607. discovered censured and rejected with the reasons of it Page 631 7. The great incouragement given by King James to the Anti-Calvinians and the increasing of that party both in power and number by the stirs in Holland ibid. 8. The offence taken by King James at Conradus Vorstius animateth the Oxon Calvanists to suspend Dr. Houson and to preach publickly against Dr. Laud Page 632 9. The like proceedings at Cambridge against Mr. Simpson first prosecuted by King James and on what account that King was more incensed heainst the party of Arminius than against their perswasions ibid. 10. The Instructions published by King James in order to the diminishing of Calvins Authority the defence of universal Redemption and the suppressing of his Doctrines in the other points and why the last proved so unuseful in the case of Gabriel Bridges Page 633 11. The publishing of Mountagues Answer to the Gagger the information made against it the Author and his Doctrine taken by King James into his protection and his Appeal Licensed by the Kings appointment Page 634 12. The conclusion of the whole discourse and the submission of it to the Church of England ibid. A Postscript to the Reader concerning some particulars in a Scurrilous Pamphlet Entituled A Review of the Certamen Epistolare c. Page 635 The Stumbling-Block of Disobedience and Rebellion c. CHAP. I. The Doctrine of Obedience laid down by Calvin and of the Popular Officers supposed by him whereby he overthroweth that Doctrine 1. THe purpose and design of the work in hand Page 645 2. The Doctrine of Obedience unto Kings and Princes soundly and piously laid down by Calvin Page 646 3. And that not only to the good and gracious but even to cruel Princes and ungodly Tyrants Page 647 4. With Answer unto such Objections as are made against it Page 649 5. The Principles of Disobedience in the supposal of some particular Officers ordained of purpose to regulate the power of Kings Page 650 6. How much the practice of Calvin's followers doth differ from their Masters Doctrine as to the point of Obedience Page 651 7. Several Articles and points of Doctrine wherein the Disciples of Calvin are departed from him Page 653 8. More of the differences in point of Doctrine betwixt the Master and the Scholars ibid. 9. The dangerous consequences which arise from his faulty Principles in the point or Article of Disobedience Page 654 10. The method and distribution of the following work Page 655 CHAP. II. Of the Authority of Ephori in the State of Sparta and that they were not instituted for the ends supposed by Calvin 1. The King of Sparta absolute Monarch at the first Page 656 2. Of the declining of the Regal power and the condition of that State when Lycurgus undertook to change the Government Page 657 3. What power Lycurgus gave the Senate and what was left unto the Kings ibid. 4. The Ephori appointed by the Kings of Sparta to ease themselves and curb the Senate Page 658 5. The blundering and mistakes of Joseph Scaliger about the first Institution of the Ephori Page 659 6. The Ephori from mean beginnings grew to great Authority and by what advantages Page 660 7. The power and influence which they had in the publick Government Page 661 8. By what degrees the Ephori incroached on the Spartan Kings Page 662 9. The insolencies of the Ephori towards their Kings altered the State into a Tyranny Page 663 10. The Spartan Kings stomach the insolency of the Ephori and at last utterly destroy them Page 664 11. An application of the former passages to the point in hand Page 665 CHAP. III. Of the Incroachments of the Tribunes on the State of Rome and that they were not instituted for the ends supposed by Calvin 1. The Tribunes of the People why first Instituted in the State of Rome Page 666 2. And with what difficulty and conditions Page 667 3. The Tribunes fortifie themselves with large immunities before they went about to change the Government Page 668 4. The Tribunes no sooner in their Office but they set themselves against the Nobility and the Senate contrary to the Articles of their Institution Page 669 5. The many and dangerous Seditions occasioned by the Tribunes in the City of Rome Page 670 6. The Tribunes and the People do agree together to change the Government of the State Page 671 7. By what degrees the People came to be possessed of all the Offices in the State both of power and dignity Page 672 8. The Plots and Practices of the Gracchi to put the power of the Judicature and Supream Majesty of the Senate into the hands of the People ibid. 9. The Tribunes take upon them to commit the Consuls and bring all the Officers of the State under their command Page 673 10. The Office and Authority of the Tribunes reduced unto its antient bounds by Corn. Sylla and at last utterly destroyed Page 674 11. An Application of the former passage to the point in hand Page 675 CHAP. IV. Of what Authority the Demarchi were in the State of Athens and of the danger and unfitness of the instances produced by Calvin 1. Athens first governed by Kings and afterwards by one Sovereign Prince under other titles Page 676 2. The Annual Magistrates of Athens what they were and of what Authority Page 677 3. By whom and what degrees the State of Athens was reduced to a Democratie Page 678 4. Of the Authority of the Senate and the famous Court of the Areopagites Page 679 5. What the Demarchi were in the State of Athens and of what Authority Page 680 6. The Demarchi never were of power to oppose the Senate nor were ordained to that end ibid. 7. Calvins ill