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A75749 A remonstrance, against presbitery. Exhibited by divers of the nobilitie, gentrie, ministers and inhabitants of the county palatine. of Chester with the motives of that remonstrance. Together with a short survey of the Presbyterian discipline. Shewing the inconveniences of it; and the inconsistency thereof with the constitution of this state, being in its principles destructive to the laws and liberties of the people. With a briefe review of the institution, succession, iurisdiction of the ancient and venerable order of bishops. Found to bee instituted by the Apostles, continued ever since, grounded on the lawes of God, and most agreeable to the law of the land. / By Sir Thomas Aston baronet. Aston, Thomas, Sir, 1600-1645. 1641 (1641) Wing A4078; Thomason E163_1; Thomason E163_2; ESTC R212696 75,691 128

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ferocemque Tyrannum coli voluerit non alia ratione nisi quia regnum obtinebat Calvin Institut l. 4. cap. 20. Art 27. we see what obedience the Lord will have given to this wicked and fierce Tyrant for no other reason but because he was a King With whose counsell his successor Beza * Beza Epist 24. 2d peregri Eccl. in Anglia fratres well agrees Illud solis precibus patientiâ sanari potest The Triacle against this venome is Prayer not Vengeance We must be subject for Conscience sake q Rom. 13.5 Hence it is deduc'd and incorporated into an Article of our Religion r Article 37. That the Kings Majestie hath the chiefe Government of all estates Ecclesiasticall and Civill in all causes within his Dominions Which is not the sole position of our Church But with this agree all the Reformed Churches ſ Helverian Art 16. Bazil Art 7. Bohem. Art 16. Belg. Art 36. August Art 16. Saxon. Art 23. And more particularly the French Church whose Article of Religion is t Moulins Buckler of Faith Art 40. fo 535. Wee must not onely endure and suffer Superiors to Governe but also wee must honour and obey them with all reverence holding them for Gods Lieutenants and Officers whom he hath appoynted to exercise a Lawfull and an Holy charge we must obey their Lawes and Statutes pay all Tributes and Imposts bear the yoke of Subjection with a good and free will although they be Infidels Therefore we detest those that would reject Superioritie and establish community of goods and overthrow all course of Justice But yet perhaps the policy of States have found this Supreame power prejudiciall to the good of Common-wealths and the Lawes of God must give way to the Lawes of Nations since Salus populi Suprema Lex Gregor Tholosan Syntag jurum l. 47. ca. 17. N. 1. But experience tells us the Romans were quickly wearie of their change of Government from a King to a Senate and in nine yeares reduc't it to a Dictator finding by experience that commands depending upon divers votes beget distraction and Ruine And Historie informes us that the Spartan State wherein The King the Nobilitie and the people had their just proportions of power administration of Iustice and obedience subsisted above eight hundred yeares in a happy and flourishing Condition whereas Athens being a popular State scarce stood out an age The nearest degree of government to a Monarchy being ever longest lived and most glorious most safe for the people as was seen in Rome when the Commons to suppresse the power of the Nobilitie in the Consulls created the Tribunes of the people who sharing in government would share in honours and fortunes too which occasioned the Agrarian Law Titus Livius That no Citizen should have above five hundred Acres of Land and that the people should share equally in all Conquests This bred the quarrell of Sylla and Marius continued in Caesar and Pompey and ended in the ruine of Rome From these observations Tacitus drawes this conclusion Vnius Imperii corpus Tacitus Annalls 1. unius animo regendum videtur It is necessarie the body of one Empire should bee governed by one head which must not bee barely a Titular head a shadow of power without the weight of it for Lawes well made availe little unlesse they be entrusted to a hand that hath power to exact execution of them Nor doe I observe that these principles of Divinity or Policie doe essentially differ but rather seeme to bee ●he same with the fundamentalls of the Lawes of this Kingdome For sayes Bracton the learned Historian in the Genealogie of our Lawes Bracton fol. 107. u Rex ad hoc creatus est electus ut justitiam faciat universis quia si non esset qui justitiam faceret pax de facili possit exterminari supervacuum esset leges condere justitiam nisi esset qui leges tueretur Potentiâ verò omnes sibi subditos debet praecellere parem autem habere non debet nec multo fortius superiorem maximè in justitia exhibenda ut dicatur veré de eo magnus Dominus noster magna virtus ejus To this end was a King created and chosen that he might doe Iustice to all men because if there were not one to administer Justice peace would soone be rooted out and it were vaine to enact Lawes or talke of Iustice if there were not one to defend the Lawes Who must be one not subordinate to inferiour powers but sayes hee Hee ought to excell all his subjects in power And hee must have no equall much lesse a superiour chiefely in administring Iustice That it may truely bee said of him Great is our Lord our King great is his vertue And hence is it that such Princely jurisdiction superiorities and authority over Ecclesiasticall Causes and persons is annexed to the Imperiall Crown for ever by our Statute Lawes * 1 Eliz. 1. And that in the oath of Supremacie w Oath of Supremacie 1 Eliz. 1. we not onely acknowledge the King to bee the supreame Governour in all Ecclesiasticall things or Causes but are sworne That to our power we shall assist and defend all Iurisdictions Priviledges Preheminences and Authorities united and annexed to the Imperiall Crowne In this Scala Regia this Gradation of Royall Monarchy we can finde nothing incongruous to the faith or liberty of a true Protestant But wee see our selves bound by Oath to acknowledge and support that Regall Government our Statutes have establish'd our Lawes approved Historie represents most happy policy recommends as safest to which all protestant Churches confesse due allegeance All Primitive times yielded full obedience To whose Throne Christ himselfe yields Tribute To whose power he commands submission and reverence To whose jurisdiction is committed the designation of Bishops and Judges whose persons God will have sacred whose Actions unquestionable whose succession he himselfe determines whose Kingdomes hee disposes and whose Election is the All-Makers sole prerogative Now whether these Crownes and Scepters shall be held Jure Divino or not I take not on me to determine but I may be bold to deliver Du-Moulins owne words x Moulins Buckler of Faith fol. 560. Whosoever buildeth the authority of Kings upon mens institutions and not upon the Ordinance of God cutteth off three parts of their authoritie and bereaveth them of that which assureth their Lives and their Crowns more than the guards of their bodies or puissant armie which put terrour into subjects hearts instead of framing them to obedience Then the fidelity of subjects will be firme and sure when it shall be incorporated into piety and esteemed to be a part of Religion and of the service which men owe to God SECT 10. Presbyterie inconsistent with Monarchy IN the government of the State as now it stands there being then so much Harmonie though it may sometimes bee out of Tune
before the Throne and before the Lamb cloathed with white robes and palmes in their hands which came out of great tribulation and had washed their robes Verse 14. and made them white in the bloud of the Lamb. But such as these think their dye is not deepe enough they must yet strike the Basilike veine y Sions plea 262. Gibson threatned King Iames that as Ieroboam he should be rooted out and conclude his race if he maintained Bishops Bancroft fol. 28. Nothing but this say they will cure the pleurisie of our State By which what fountaine of bloud they meane is fitter for the exposition of a Jesuite z Carolus Scriban Erratum valde fuisse in festo Barthol quòd secta non fuerit vena basilica id est quod percitum fuit regi Navarrae principi condensi than the enquiry of a Protestant Onely the torrent of such spirits is observable if not formidable who check at no power Well may the all-reaching arme of a Parliament assist but they hold it cannot stay their course * Sions plea 155. If the Hierarchy be not removed and the Scepter of Christs kingdome namely his owne discipline be advanced there can be no healing of the sore The Parliament may remove all state grievances in repairing wrongs censuring misdemeanours c. All which are to be done Sions plea 156. but the former is not to be left undone As God hath not blest any Parliamentary endevours because as we take it say they they went not this way to work so it is likely he will not be with you now if you go not this way to work Some were a little freer languag'd against the Parliament a Supplicat pag. 25. Bancroft fol. 50. 29. Eliz. That if they did not abrogate the government of Bishops they should betray God the truth and betray the whole kingdome But this is but gentle admonition if faire words will prevaile it is well if not they will doe it perforce b Unlawfulnesse of unlimited Prelacie fol. 12. Though the Parliament be for Bishops sayes one of them yet all the godly and religious will be against them And it is now become the language of the pulpit that if the Parliament will not releeve them c Eaton in his Sermon at Chester yet they shall stick fast together to maintaine their cause which is Christs cause Herein following the counsell of their Predecess●urs d Bancroft fol. 169. That if the brethren cannot obtaine their wils by suit nor dispute the multitude and people must work the feat Thus built upon the authoritie of one of their ancient Ring-leaders who tels them e Knox to the Communaltie fol. 49 50. Reformation of Religion belongs to the Communaltie The which carrying some Species of libertie in it they seeke to confirme that popular ambition by cherishing in them an opinion of a right in the power of the keyes as belonging f Eatons positions annexed 9. neither to the Pastour nor Governours but to the whole Congregation and to everie particular member thereof and Christ having committed them to everie one would of everie one demand an accompt A dangerous doctrine if once grounded in vulgar apprehensions These possest with an opinion of an equall interest in the power of the keyes of the Church which they know how to manage will much more plausibly embrace the suggestions of a paritie in the sway of the State as better suting with their capacities It will bee somewhat difficult to possesse the common people A Priest stirred up rebellion in King Richard the seconds rime with this argument that we are all sprung from the Tribe of Levi But the old seditious argument will be obvious to them That wee are all the sons of Adam borne free some of them say the Gospell hath made them free And Law once subverted it will appeare good equitie to such Chancellours to share the earth equally They will plead Scripture for it that wee should all Genesis 3.19 live by the sweat of our browes They will tell us that in Aegypt we were all fellow Brick-makers And it is no noveltie in the stories of this State That such Artificers have levelled the palaces of Nobles and squared out the dimensions of the Gentrie and Law-Givers according to the rule of their reason The emptie name of libertie blowne into vulgar eares hath over-turned many States how much more prevalent and dangerous must it bee when enforced as a religious dutie to disobey authoritie We know Saint Pauls precept is h Romans 13 1 2. Let everie soule be subject to the higher powers they that resist receive damnation And certainly since his time never any age till now brought forth such desperate Anti-Apostles as I may not improperly call them in absolute opposition to the rule of the Apostle i Eatons Position 9. To conjure men in their pulpits as they will answer it at the dreadfull day of judgement not to submit to any authoritie whatsoever And in defiance and contempt of our Lawes still in force which exact the deprivation of everie Ecclesiastique k Stat. 1 Eliz. cap. 2. the confiscation of the goods and chattels and imprisonment during life of every Laick that shall wilfully deprave the Liturgie established by Law in their petition to stile it l Freholders Petition Note 8. The English refined Masse-booke of Common Prayer In their pulpits to preach it m Eatons Position Note 10. sin to be present at reading of a prayer out of a booke by Minister or any other In print to publish that it is absolutely n 8 Propositions in print p. 1. sinful and unlawful to hear any Minister preach in the Church of England and the Assemblies thereof And seeing these are seconded by the frequent and publique venring of scandalous invective and libellous pamphlets full of seditious doctrines implying an absolute abnegation of the Kings supremacie * Volumes of Paraphlets That the Church is independant and must have all her officers and Lawes within her self which is to denie the Ecclesiasticall Law which Sir Ed. Cook says whosoever shall enie he denyeth that the King hath full power to deliver Iustice in all causes to all his subiects and withdrawing the people from their due allegeance exciting them to disobedience To me such bold violation and uncontrolled contempt of Lawes sitting the Law-Makers appeares formidable Omnia cum liceant non licet esse bonum I consider the Nobilitie and Gentrie of this Isle this nurserie of honour situate as the Low Countries in a flat under the banks and bounds of the Lawes secured from the inundations of that Ocean the Vulgar which by the breach of those bounds would quickly overwhelme us and deface all distinctions of degrees or persons and cannot but with admiration observe that Sampson like in their full strength but as blind with inconsiderate zeale as he by treacherie any such should lay hold
submission to leave these to the Iudgement of the Parliament you will regulate the rigour of Ecclesiasticall Courts to suit with the temper of our Laws and the nature of freemen Yet when we consider that Bishops were instituted in the time of the Apostles (b) philip 1.1 1 Tim. 3.1 That they were the great Lights of the Church in all the first generall Councells (c) Anno. Bishops 330. at Nice 318 380. at Constant 150 430. at Ephesus 200 451. at Chalcedon 430 553. at Constant 165 681. at Constant 289 781. at Nice 350 870. at Constant 383 That so many of them sowed the seeds of Religion in their bloods and rescued Christianity from utter extirpation in the Primitive heathen persecutions (d) Vid. Eusebius Fox his Martyrs That to them we owe the redemption of the purity of the Gospel we now professe from Romish corruption (e) Vid. booke of Martyrs Cranmer Tutor to Ed. 6. That many of them for the propagation of that truth became such glorious Martyrs (f) A Cranmer B. Latimer ● Ridley B. Hooper B. Park A Parker A. B Gri. B. Whitegift c. vid. booke of martyrs That divers of them lately and yet living with us have been so great assertors of our Religion against its common enemy of Rome (g) Bishop Iewel Bishop Andrewes bishop White Archbishop Vsher Bishop Moreton Bishop Davenant and our English Seneca Bishop Hall And that their government hath been so long approved so oft established by the Common and Statut Laws of this Kingdome (h) Bracton lib. 3. fol. 106. Flet. a lib. 7.24 Coo. Little fol. 97. 134. stat 14. E. 3. 25. E. 3. 16. R. 2. H. 8.20.1.8.9 Eli. And as yet nothing in their doctrine generally taught dissonant from the word of God or the Articles established by Law i) Partiucular men errours cannot be aken for the Tenets of the Church In this case to cal their Gouernment a perpetuall vassalage an intolerable bondage And prima facie inaudita altera parte to pray the present removall of them or as in some of their petitions to seek the utter dissolution an● ruine of their offices as Antichristian (l) The petition annexed note 6. we cannot conceive to rellish of Justice or Charity nor can we joyn with them But on the contrary when we consider the tenour of such writings as in the name of petitions are spread amongst the common people the tenents preached publiquely in Pulpits (m) The positions annexed and the contents of many printed Pamphlets swarming amongst us all of them dangerously exciting a disobedience to the established forme of gouernment and their severall intimatious of the desire of the power of the keyes (n) Petition anexed note 4. And that their congregations may execute Ecclesiasticall Censures within themselves (o) Petition annexed note 19. We cannot but expresse our just fears that their desire is to introduce an absolute Innovation of Presbyteriall Government whereby we who are now governed by the Canon and Civill Laws dispensed by twenty fix Ordinaries easily responsall to Parliaments for any deviation from the rule of Law conceive we should become exposed to the meer Arbitrary Goverment of a numerous Presbytery who together with their ruling Elders wil arise to neere forty thousand Church Governours and with their adherents must needs bear so great a sway in the Common-wealth that if future inconvenience shall be found in that government we humbly offer to consideration h w these shall be reducible by Parliaments how consistent with a Monarchie and how dangerously conducible to an Anarchie which we have iust cause to pray against as fearing the consequences would proue the utter losse of Learning and Laws which must necessarily produce an extermination of Nobility Gentry and Order if not of Religion With what vehemencie of spirit these things are prosecuted and how plausibly such popular infusions spread as incline to a parity we held it our duty to represent to this honourable Assem●ly And humbly pray that some such present course be taken as in your wisdoms shall be thought fit to suppresse the future dispersing of such dangerous discontents amongst the common people we having great cause to fear that of all the distempers that at present threaten the wellfare of this state there is none more worthy the mature and grave consideration of this honourable Assembly then to stop the torrent of such spirits be●ore they swell beyond the bounds of Government Then we doubt not but his Majestie persevering in his gracious inclination to heare the complaints and relieve the grievances of his Subjects in frequent Parliaments it will so unite the head and the body so indissolubly cement the affections of his people to our Royall Soveraigne that without any other change of Government he can never want Revenue nor wee Justice We have presumed to annex a Copie of a Petition or Libell dispersed and certain positions preach'd in this County which vve conceive imply matter of dangerous consequence to the peace both of Church and State All vvhich vve humbly submit to your great Judgements praying they may be read And shall ever pray c Directed to the house of Peeres And subscribed by the Lieutenant of the County Three other Noblemen Knights Baronets Knights and Esquires fourscore and odde Divines fourscore and ten Gentlemen tvvo hundred threescore and odde Freeholders and other inhabitants above six thousand None of them Popish Recusants And all of the same County The Petition which was spread abroad in the Countrie amongst the Common people by some private Persons to procure hands but was concealed from the Gentrie A Copy wher●of was annexed to the Remonstrance and was complained of having injuriously assumed the Name of the Humble Petition of the Free-holders and the rest of the Inhabitants within the Countie of Chester which might seeme to involve the whole Countie Sheweth THat whereas the manifold unsupportable burdens wherewithal our Consciences and estates have beene long oppressed with a continuall increase thereof have at last so tyred and infeebled our strength that we find our selves unable to subsist any longer under the weight thereof wee dare not now neglect to take the present opportunitie of serving the Lords providence in the use of this meanes which we hope is of his owne appoynting for our reliefe But as we have in some measure implored God who is the blessed Author so wee thought our selves bound humbly to Petition this honourable and renowned Assembly convened in Parliament for redresse of our miseries being the likelyest instrument so farre as we apprehend not limiting the Holy one of Israel for that end and purpose which we humbly pray may be duly considered as we make bold to tender them in these few Lines following Our miseries are such as are either Ecclesiastical or Civill first Ecclesiasticall and that in regard of the usurping Prelates their lawlesse dependent officers and their irregular manner of worshipping
the edicts of the Magistrate But some of these Disciplinarians positions are that o Subjects doe promise obedience that the Magistrate might help them Goodman pag 190. which if hee doe not they are discharged of obedience Barrow Refut pag 169. And that without the Prince the people may reforme and must not tarrie for the Magistrate But where their owne spirits guide them they may become Judges and Executioners themselves laying it for a principle p That if the Magistrates shall refuse to put Massemongers to death k Goodman p. 77 196. the people in seeing it performed doe shew that zeale of God which was commended in Phinees destroying the adulterers and in the Israelites against the Benjamites But in this they have the excuse of zeale in offence and indignation at sinnes against God and negligence in Magistrates In which case some hold that q Knox Appeal fol. 30. Goodman pag. 185. not Kings and Magistrates onely ought to punish crimes against God but the whole body of the people and every member of the same to his abilitie must revenge the injurie done to God The French Reformed Church r Moulins Buckler of Faith f. 535. 39. Art knew none of this Doctrine who in the thirty ninth Article of their Faith declare plainly That they beleeve that God will have the world governed by Lawes and Policies that there may be some restraint of the disordered desires of the world And as be hath established Kingdomes and Common-wealths whether hereditary or otherwise and all that belongeth to the State of Justice and will be knowne to be Author thereof so hath he put the sword into the Magistrates hands to represse sins committed not onely against the second Table of the Commandements of God but also against the first Though Isay their zeale in revenging injuries done to the Majestie of God transport them to share in the execution of Iustice Yet may be they will submit to the Civill Magistrate in the government of the Church and ordination of Rites and Ceremonies in which by the twentieth and thirty seventh Articles of our Religion ſ Rogers Articles f 213. Helvetian Bazill Bohemian Belgique Augustan Saxon. Suevian Confessions the power is committed to those to whom God hath given the superiority to which Doctrine all protestant Churches subscribe as Apostolicall and Orthodoxall ſ Rogers Articles f 213. Helvetian Bazill Bohemian Belgique Augustan Saxon. Suevian Confessions But when wee examine how they conforme we shall finde that in direct opposition to us and other Reformed Churches Some of them say that Civill Magistrates have no power to ordaine Ceremonies pertaining to the Church 1 Tho. Cartwright 1. Reply p. 153. 2 Reply 2. part p. 4. as being no Church Officers at all Viretus Dialogue of white Devills One of them holds That if any Magistrates under the Title of authority and power that God hath given them will make the Ministers of the Church subject to them they doe verily set up a new Pope changing onely his Coat and Masque Indeed they will not allow the Magistrate to be pope but such will bee popes themselves and allow him no more power than the pope did Says Cartwright b T.C. 2. 2. 157. 161. The Prince may call a Councell of the Ministerie and appoynt time and place The very same sayes Saunders c Saunders lib. 2. c. 3. the papist might the Emperours doe of old d Cartwr 2. 2. p. 156. Harding p. 317. 312. The Counsels were not called Imperatoria but Episcopalia The Decrees made there may not be said to be done by the Princes Authority therefore the Canons of the Councells were called the Bishops not the Emperours The same sayes Harding the Emperours did not under-write definientes subscripsimus as the Bishops did but Consentientes e T. C. 2. R. p. 161. Saund. de Monarch l. 2. c. 3. Cartwright allows Princes to be present in Counsells to suppresse tumults The same does Harding allow them ad pacem concordiam retinendam ut nullum fieri tumultum permittant Nay the Magistrate is beholding to Mr. Cartwright f T. C. 2. 2. p. 164. 167. Harding pag 217. 314 to allow that hee may be an Assistant and have his voyce in their meetings and gives this reason for it That oftentimes a simple man and as the proverb saith the Gardner hath spoken to good p●rpose Mr. Harding yet allowes more to the popish Magistrates He sayes Ambassadors of States have honourable seats in all Councells may sit as assistants may give their advices may exhort the Bishops and subscribe with them But Cartwright will allow them no power there neyther to bee Moderator Determiner nor Iudge Nay they not onely have no power but they must bee subordinate to their Presbyters Magistrates u Ecclesiasticall Discipline p. 185. Lear. Discipl pag. 89. as well as other men must submit themselves and be obedient to the just and lawful Authoritie of the Church that is the Presbyterie And Travers w Travers pag 142. speaking of the power of the Lay Elders sayes It is just that Kings and Magistrates must obey them Neither is this Government changeable by the will or power of the Magistrate but 't is held that of necessity x Martin junior Thesis 22. all Christian Magistrates are bound for to receive this government Which sayes Snecanus If any Magistrate hinder let him be freely admonished of his duty If he doe not then submit let him be more exactly instructed that hee may serve God in feare y Bancroft fol. 134. Marry if this way there happen no good successe then let the Ministers of the Church execute their office without lingring and staying so long for a Parliament Which compulsive power in the Church holds me thinks some analogy with that of the Iesuites a Odoard West in Sarct juris Sect. 6. Ecclesia non solum praec●pit dirigit sed coe●cet disponit virtute potestatis gubernativae whose opinion is The Church not onely prescribes and directs but restraines and dispones by vertue of her Gubernative power Which positions are a language unknown amongst Protestants Melancthon tels us b Potest as Ecclesiae suum m●ndacum babet 〈◊〉 Non iri●mpa● in ali●nū officiem non transferat regna mundi Non abroger leges Magistratuum non tollat legitimam obedientiam non impediat Iudicia de ullis civ libus ordinationibus aut contractibus non praescribat leges magist atibus de forma Reipublicae c. Augustan Confession Articulis fidei fol. 46. The Church hath her owne Rules and intrudes not into anothers office disposes no Crownes abrogates not the Lawes of Magistrates extinguishes not lawfull obedience stops not judgement in Civill causes nor prescribes Lawes to Magistrates But these will derive us another authoritie above the Magistrate They tell us a Counterp p. 12. Christ hath translated the Iewes Sanedrim into his Church That