not Circumcising Cain and Abell did contrary to the law given for Circumcision to Abraham many yeares after Or whither Ishmael persecuted Isaack before Isack was borne Or whether stealing of horses an hundred yeares past were punishable with death before any law made for death in that behalfe One thing cannot be sayd contrary to an other that is not neyther ever was extant in rerum natura The Second part of this Quere whether since the granting of Magna Charta unto this age the judiciall acts of deprivation of Bishops etc were ever held to be contrary to the law of this kingdome and Magna Charta we shall answer if God permit more plentifully anone Quere 3 G. Powel 3 Quere Whether any Iudge of this Realme or any cheife officer lerned in the lawes be of opinion that such sentences of deprivation as haue lately passed in due forme in any Ecclesiasticall Court be contrary to any much lesse to many statuts Reply Though it were a sufficient answer to bid him goe looke and himselfe to aske the opinion of every judge learned officer yet will I not altogether yeld him so short and cutted an answer And though it be a principle in Philosophy that forma dat esse rei yet to the beyng of every thing there must be matter to which the forme giveth being And therefore in this case besides due forme there must be also due matter inserted in due sentences Wherupon I craue a resolute and direct answer whether by those words passed in due forme he meane passed for matter and forme in due forme Or whether he meane passed without due matter in due forme onely For if he meane by passed for matter and forme in due forme then is his question without question either a foolish question or no question at all For who would question whether any Iudge or learned officer could doubt that a sentence passed for matter and forme in due forme were a sentence contrary to any much lesse to many statuts As though there were any Statuts so ridiculous and absurd On the other side if he meane by passed in due forme only due forme without due matter then we answer that the same sentence may be unjust for want of due matter and yet be just by reason of due forme And so on the other parte we affirme that a sentence may be iust by reason of due matter and yet unjust by reason of an undue forme How many sentences therefore of deprivation soever as haue been lately given without due and just matter or without due and iust forme we answer so many not to haue passed in due matter and forme and so contrary to some lawes or statuts But were this question wholly grāted what ease and advantage can the opinion of any iudg or learned officer yeeld to those Iudiciall acts of deprivation wherupon the controversie is grounded which are not passed in any due forme of any law or Statute Ecclesiasticall whatsoever Furthermore touching this question if the Prelats did intend that all their sentēces should be according to law wherfore did they make a Canon against the ordinary prosecution of appeales Yea what needed such a Canon What benefite is there to any appellant by his appeale from a just sentence Or what danger to the Iudge a quo by such appeales The whole danger is to the appellant himselfe For the sentence beyng just he shall be sure to get nothing neither the Iudge a quo to lose any thing by the appeale G. Powel VVho having but halfe an eye doth not see but that by pleading Magna Charta cap. 29 they would not onely weaken but also subvert and utterly overthrow all jurisdiction Ecclesiasticall Doth every one that desireth limitation of Ecclesiasticall jurisdiction Reply and laboreth to restrayne it from all communion of forreyne lawes seeke the subversion therof If also the lawes Ecclesiasticall be the Kings Ecclesiasticall lawes and the jurisdiction Ecclesiasticall the Kings Ecclesiasticall jurisdiction then is this place of Magna Charta so farre from subverting the jurisdiction or law Ecclesiasticall as that by that place the same law and jurisdiction is up held and more throughly established That the law jurisdiction Ecclesiastical ever hath been and yet is accounted the Kings Ecclesiasticall law and juridiction shall be shewed anone G. Powel The sentences and graue determinations whereof that is of Ecclesiasticall jurisdiction haue never yet in any age or Country been submitted to popular triall by the judgment of Peeres etc Reply All sent ces of Ecclesiasticall Courts are not so graue but that some are somtymes repealed by Higher courts and sometymes revoked by themselues Sometyme also they meddle with matters not belonging unto them and therfore by ordinary course of Commmon law they are prohibited to proceed Finally in some case the Bishop giveth not Institution to a benefice untill by a Iury of 12. men whereof 6. are to be of the Clergy and 6 of the Layity the controversie de iure patronatus be decided Yea sometyme the Bishop having instituted a clarke is forced by writ from the common law to admit of another clark presented by another Patrone and so to displace him whom before he had instituted G. Powel The place of Magna Charta cannot be understood of Ecclesiasticall jurisdiction or the practise thereof especially if we consider the end why this law was made and the tyme when The Prelats should make sure worke indeed Reply if they could make that no lawes were against their power Thē might they take upon them without controlment what they would under coloure of Ecclesiasticall iurisdiction as indeed they doe now pretily beginne to doe G. Powel The end was that the Kings of this Realme might not challenge an infinit and absolute power as some Kings else where did and yet doe without judgment and lawfull proceedings to take away any mans liberty life Country goods or lands Then belike the Kings Majestie is restrayned by Magna Charta but the Prelacy is not Reply Is not this good stuffe The King shall weare the Crowne but the Prelats will beare the sword Whether now doe they that are falsely called Puritans or the Prelats most encroch upon the Royall authoritye G. Powel It was made at such time as the Kings thought Ecclesiasticall jurisdiction no more in right then in fact to belong to the Crowne Therfore the words haue no relation to Ecclesiasticall jurisdiction This is utterly false Reply yea the falshood therof is evident by the testimony of that worthy and renowned Lawyer S. Edward Cooke in the booke alleadged by the answerer For he sayth expresely that as in temporall causes the King by the mouth of Iudges in his Courts of Iustice doth iudge the same by the temporall lawes of England lib. de jure regis Eccle. fol 8 so in causes Ecclesiasticall etc. the connusance wherof doth not belong to the common lawes of
England the same are to be iudged and determyned by Ecclesiasticall Iudges according to the Kings Ecclesiasticall lawes etc. fol. 39 And againe obserue good reader sayth S. Edward Cooke seeyng that the determination of heresies etc. belongeth not to the Common law how necessary it was for administration of Iustice that his Maiesties progenitors Kings of this Realme did by publike authority authorize Ecclesiasticall Courts under thē to determyne those great and important causes etc. by the Kings Ecclesiasticall lawes The jurisdiction therfore Courts and lawes Ecclesiasticall in the opinion of the Kings progenitors were thought held to be their own Kingly lawes Courts and jurisdiction The same is further proved by the sayd S. Edward Cooke fol. 9 by the president of Renulphus in discharging and exempting the Monastery and Abbot of Abinden from the jurisdiction of the Bishops and granting also to the saide Abbot Ecclesiasticall jurisdiction etc by the president of William the first fol 10. 11 who made inpropriatiō of Churches with cure to Ecclesiasticall persons etc. and by divers presidents of other Kings since the conquest That which in this parte of the answer is afterward added of the necessary restitution of the right of Ecclesiasticall jurisdiction to the Crowne is also confuted by the same S. Edward Cooke who plainely saith that though there had been no such law of restitution made yet it was resolved by all the Iudges that the Kings and Queenes of Englād for the tyme being by the auncient prerogatiue law of England may make such a Commision etc. And therfore by the auncient lawes of this Realme this kingdome of England is and absolute Empire and Monarchy consisting of one head which is the King and of a body politike c. Also that the Kingly head of this body politike is furnished with plenary power c. to render iustice and right to every part and member of this body Thus farre S. Edward Cooke From all which it followeth that the restitution of the auncient right howsoever lawfully made as being made by the whole body of the kingdome was notwithstāding not necessarily made as though without it the King or Queene for the tyme being could not haue used their auncient right That which followeth in the 2. 3. and 4. branches of this 4 answer to the consequence of this 8 Argument doth not belong to the matter because it doth nothing justifie the proceedings of the Bishops or other Ecclesiasticall Iudges in depriving of the Ministers pleaded for in such manner and for such causes as for which they haue depriveded them The question is not whether jurisdiction Ecclesiasticall by the lawes of the land doth be long under the King unto the ordinaryes nor whether the Ordinaryes in the exercise of the Kings jurisdiction Ecclesiiasticall and Consistoriall trialls ought to proceed by vertue of Peeres etc but whether some Ordinaryes exercising the Kings Ecclesiasticall jurisdiction haue proceeded in their Ecclesiasticall Consistories against some Ministers without authority of the Kings Ecclesiasticall law therfore in that respect contrary to Magna Charta which requyreth nothing to be doone without the Kings law Further De jure Regis Ecclesi fol. 9 although we grant as S. Edw. Cooke instructeth us all lawes Ecclesiasticall derived from other which by and with a generall consent are approved and allowed here to be aptly and rightly called the Kings Ecclesiasticall lawes of England yet I deny that all lawes Ecclesiasticall derived by the Kings progenitors either before or since the Conquest from others are now in this age our Soveraigne Lord King Iames his Ecclesiasticall lawes and therefore howsoever many judiciall Acts of deprivation of Bishops Preists from their benefices c. according to the Ecclesiasticall law which is called ius Pontificium which was derived by the Kings Progenitors from the Bishops of Rome either before or since the Conquest unto Magna Charta and since that to the 25 of King Henry the eyght were never all held to be contrary but were ever all held to be agreable to the lawes of this kingdome yet notwithstanding I affirme that all Iudiciall Acts and sentences 25. Hen. 8 cap. 17 how many soever of deprivation of Ministers from their benefices had made and given by the Ecclesiasticall Iudges since the 25. of King Henry the 8. onely according or onely by force and vertue of the sayd ius Pontificium or Bishop of Rome his law the sentences given in the time of Queene Mary excepted are and ought to be holden not to be had made given by the lawes of this kingdome or by the Kings Ecclesiasticall law And why Even because the whole ius Pontificium or Bishop of Romes law was altogether excepting the tyme of Queene Mary abrogated adnulled and made voyd by an Act of Parlament and consequently is but a meere Alien Forraine and straunge law and no municipall law of England and therefore not the Kings Ecclesiasticall law Wherefore our Soveraigne Lord King Iames by this graunt of Magna Charta made by his progenitors beyng obliged to suffer no Free man of the Realme to be taken or imprisoned or disseissed of his Frrehold or liberties c. Nor to passe upon him nor condemne him but by lawfull judgment of his Peeres or by the law of the land We agayne assume from this statute of the great Charter that sundry sentences of deprivation of Ministers from their benefices for causes before specified are unlawfull because such Ministers haue been condemned and judgment hath been passed upon them without lawfull judgment of their Peeres or law Ecclesiasticall of the land For heere we must giue the answerer to witt by these words or law of the land that all the Kings lawes of what nature or quality soever whether Ecclesiasticall or temporall and not only the lawes temporall as he insinuateth are included As therefore no temporall Free man of the Realme may be condemned passed upon or disseissed of his liberty and freehold c. in a temporall cause and in a temporall Court without lawfull judgment of his Peeres or temporall law of the land Even so likewise no Ecclesiasticall person beyng a freeman of the Realme may be condemned passed upon or disseissed of his liberty or frehold but by lawfull Ecclesiasticall judgement according to the law Ecclesiasticall of the land And heereupon we graunt if the King haue any law Ecclesiasticall of the lād for the deprivation of a Minister from his liberty and frehold for not subscription perjurie contempt of Canonical so called obedience omission of Rites and Ceremonyes not precise observation of the booke of Common prayer c. Then we graunt that the Ordinaryes being the Kings Iudges Ecclesiasticall may rightly depriue a Minister from his benefice for these offences And yet still we deny and shall be able to mainteyne that sundry sentences of deprivation made and given by sundry Ordinaries against svndry Ministers be either unjust or unlawfull or no sentences at
teaching these thinges which haue been accounted and are in truth popish or Lutheran errors viz touching generall grace the death of Christ for every particular person against perticular election reprobation for images in Churches Exceter both for remembrance of history and also for devotion touching the māner of Christs presence in the supper of the Lord That the Pope is not the Antichrist which is the next step to say that he is Christs vicar wherby they hinder what they may the zeale of Christian Princes from executing that against him in generall and against his members in perticular which the word partly foretelleth and partely commaundeth to be done concernnyng also the necessity of Baptisme touching auricular confession for ignorance according to the popish saying that ignorance is the mother of devotion that it is not necessary for the people to haue much knowledge and that therefore not much preaching but that it is sufficiēt if they can say the Lords prayer the ten cōmaundements and the articles of faith which is directly contrary to the scriptures Ioh. 6.69 Ephe 4.13 Philip. 1.9 3.7.8 Colos 3.16 Ephes 5.17 2 Pet. 3.18 Who can lay any such poyntes to us or to any of vs This poynt is not lightly to be regarded yea it is of great moment For the Apostle describeth schismatikes not to be such as make division onely but he addeth contrary to the doctrine which they had learned Rom. 16.17 Yea in the very next verse he describeth them further saying They that are such serue not the Lord Iesus Christ but their owne bellyes and with faire speeches and flattering diceaue the hearts of the simple Doe we so Nay rather we labour onely for the ordinances which the Apostle hath taught vs. In this respect we serue not our owne bellyes but rather for those ordinances sake and to serue the Lord Iesus by them and according unto them we depriue our owne bellyes of that which otherwise they might haue neither doe we vse faire speeches and flattering but by playne dealing for those ordinances of Christ Iesus we procure the displeasure of all men against us As therefore this place maketh for vs and evidently sheweth vs to be no schismatikes so likewise it doth as plainely proue them to be schismatikes that make division for humane inventions either in doctrine or otherwise in practise in the worship of God contrary to those things which they haue learned from the Apostle who also therein serue not the Lord Iesus but their owne bellyes vsing faire wordes and flattering in that behalfe to deceiue not onely the simple but also if it be possible them that are wise Agayne haue we made any departure from the Church We are deprived of our Ministery and so thrust out of our lyvinges perforce against our wills as any man leaveth that which is violently taken away but though we be thus put from our ministery and lyvinges by our Prelats yet we do not forsake the cōmunion of the Church The cause also why we are put out is not for respect of our selues but for feare of sinnyng against God and of aggravating the burden of our owne conscience therby We disturb not the sincere profession of the gospell and worke of the ministery but in all humilitie and with the wordes of sobriety we condemne the corruptions of our profession and of the ministery most duetifully and by all lawfull meanes and no other desiring both to be reformed according to Gods word So in like manner we desire to be eased of those cloggs which hinder both us in the worke of the ministery and also the people so that they neither doe neither can so edifie themselues in their most holy faith as otherwise they and we would doe On the contrary the Prelats stoutly mayntaine and support the sayd corruptions and in loue of them or rather of some other matter depending upon them they hate and molest us Agayne haue we loytred in the worke of the ministery Haue we heaped benefice upon benefice Haue we eatē and drunke and beaten our fellow servants Haue we sought our owne not that which is Iesus Christs Phil. 2.21 Haue we made our bellyes our God Haue we minded earthly things philip 3.19 I speake not these things boastingly as before we haue been charged but onely to purge our selues of those crimes which the former two notes did cast upon us and to proue that we haue not been disturbers but furtheres of the sincere profession of the gospell and worke of the Ministery Therfore let them that do so vntruely accuse us take heed that he whose checke no fleesh shall be able to indure doe not charge them rather to haue taken away the key of knowledge and to haue shut vp the Kingdome of heaven before men not goeyng in themselues neither suffering them that would enter to come in Mat. 23.13 whereas also the word Schisme in the Greeke language signifieth a renting and the word sedition in the latine tongue signifieth seorsim ire to goe aside or a going a side as we haue proved that in these significations we cannot be justly charged with them so let them that doe charge vs in this behalfe see and consider well whether themselues may not more truely be sayde to haue rent themselues and to haue gone a side first from the word the rule of all Churches in the poyntes of doctrine before mentioned and in some other as also in the observing maynteyning of humaine Ceremonyes in the worship of God 2 From other Churches of Christ Iesus both the auncient Apostolicall Churches and also the present Churches reformed in other Coūtryes nether of which either held or doe hold such poynts of doctrine as before I haue named or haue or doe obserue maintayne such humaine Ceremonyes in the worship of God as are here in question We beyng charged with heresye schisme by the Papists for renouncyng the doctrine and communion of the present Romish Synagogue doe truely returne the same charge upon the papists touching herisie and schisme because they haue fallen away from the doctrine and auncient simplicitie in the worship of God that at the beginnynge was in the Auncient Romane Church and in other true Churches planted by the Apostles In like mannner therefore let our accusers in the feare of God consider whither the blame of schisme doe not for the causes before expressed more aptly belonge unto them then to vs etc. Let me yet also though somewhat perhaps out of place ad one reason more to proue the Ministers pleaded for not to be Schismatikes All Schismatikes are abomination to the Lord The Ministers pleaded for are not abomination to the Lord but in grace and favour with him Ergo The Ministers pleaded for are no Schismatikes The proposition or first parte of the Argument is Salomons who among the sixe thinges which the Lord hateth and the seven which the soule of the Lord abhorreth he reckoneth him that rayseth up contention
haue done in regard that Saule was the Lords annoynted this is not so much to be respected as the consideration and reason why they rescued Ionathan Neither is the Argument by that wherein they fayled any weakened but rather the more strenghtened For if they so respected a bodily deliverance wrought by Ionathan that they passed the bounds of their duty should not the regard of a spirituall deliverance moue such a christian assembly to speake what lawfully they may with all modesty and humility THE FITH ARGVMENT Nehemiah spake to an heathen King for the materiall Ierusalem So did Hester to the like King for her people and that not without great danger to her selfe Ioseph also of Arimathea and Nicodemus both timorous men spake boldly to Pilate an heathen also for the body of Christ beyng dead that they might honorably bury it yea this they two did when all the Disciples of Christ had forsaken him as also when his enimyes had prevailed against him Yet all these had good successe in that for which they spake Ergo Much more ought this High Court of Parliament to speake to a Christian and religious King for the building of the spirituall Ierusalem for the spirituall state and furthering of the soules of many depending upon the Ministers now molested and for whole Christ Iesus now living and raignyng Marginall notes G. Powel a Impertinent example Reply G. Powel This note is impertinent as shall appeare by his answer afterward and the reply therunto b A foule beggyng of the question as if the schisme of a few were so just and important a matter as the delivery of the whole Church from intended certeyne destruction Reply The substance of this note touching schisme being like the song of the Aprill bird that hath but one note I haue often answered Though we were such Schismatiks as the answerer chargeth us to be yet we ought to haue that benefite of law which Paule claimed even in Nero his time and was not denyed it Acts 25.12 G. Powel c These pure Angels of light thinke all the world in darknes besides themselues These scoffes can hardly come from a pure mind but doe rather beseeme prophane Angels of darknes then the children of light Reply much lesse the Preachers of holines Whether we that are depriued and silenced are fitter for the worke of the ministery then 5000. in the land that stand for ministers and receaue the wages of Ministers I will not say let the whole High Court of Parliament iudge but let many of the Prelats and other conformitans judg G. Powel d An impudent untruth of a false Prophet They made themselues uncapable of any place in the ministery Reply Let all those that charge us with impudency and making our selues uncapable of the ministery take heed that one day they be not ashamed before the Sonne of God at his cōmyng and that then also the Sonne of God be not a shamed of them before his Father and his holy Angels and so pronoūce them uncapable of the kingdome of heaven yea least also the master of such a servant come in an houre that he is not ware of cut him of and giue him his portion with hypocrites Mat. 24.50.51 Michael the Archangell durst not blame the Devill with cursed speaking but sayd the Lord rebuke thee Iud. 9. You know what is written by an orator of an orator Ex eius ore verba magno impetu atque aestu erumpebant non secus ac feruentes aque ebulliunt et exiliunt That which is sayd of his words may be sayd of the reproches raylings scoffings etc of this notary But are we false Prophets False Prophets runne before they are sent They speake out of their owne hearts they follow their owne spirit and haue seene nothing Eze 13.2.3 Ierem. 14.14 They flatter heale the hurt of Gods people with sweete wordes saying Peace peace where there is no peace Ierem. 8.11 They are hypocrits pretending great holines commyng in sheeps apparell but being inwardly ravenyng wolues Math. 7.15 They are covetous and cruell like a roaring Lion ravenyng the pray devouring soules taking riches and preciouss things etc Ezech. 22.25 They are proud and ambitious loving the prayse of men more then the prayse of God Can we be charged with these thinges Hath not the Lord sent us Doe we speake any thing but that the Lord hath put into our mouthes Our flattery consisteth in playne reprehending of sinne and denouncyng the judgment of God against the same Our covetousnes is inspendyng all we haue and leaving nothing to our posteritie Our cruelty is in suffering the manifold injuryes that are done unto us Our hypocrisie is in a care of keeping a good conscience Our ambition is in the abasing of our selues beneath the parentage and education of many of us and in bearing the scornes reproches of the world yea in beyng accoumpted the skumme of the world and contemned by some that haue been glad of the crustes that haue come from some of our tables Why then doth this Notary call the author of those Arguments or any other by him pleaded for in his Arguments by this odious name of a false Prophet If the Lord rebuke him for so calling us I pray that it may not be in anger Touching our in capacitie of any place in the ministery wherfore are we so incapable What be our errours in doctrine What are our vices in life Is conformity the cheife and most cardinall virtue Is it the soule of a minister tota in toto et tota in qualibet parte Must all learnyng all piety all gravity all soundnes giue place to conformity So it seemeth For learned men godly men graue men and sound Divines I speake not of my selfe I confesse my selfe the meanest of many hundreds such men I say are thrust out and ignorant men wicked men young men corrupt and Popish men are put into the service of the Church May we not say Plead thou our cause O Lord etc psal 35.1 Yea rather may we not say Arise O Lord maynteyne thine owne cause remember thy dayly reproches by the foo man psal 74.22 G. Powel e They meane their Presbyterie Reply This is but a scoff and mocke But though we be mocked yet let this mocker remember that God is not mocked The author speaketh expresly of the ministery of the gospell which is for instruction this Notary saith he meaneth thereby their Presbytery which is for goverment But more of this afterward G. Powel f Note this They would haue all the Bishops removed deprived Doe you gather this because mention is made of removyng of the lets and impediments of the sincere ministery of the gospell Reply Then it seemeth that either you would haue a sharpe phisitian for the casting of waters sith you can see such invisible things in a mans words or else that your owne conscience told you that the Bishops are
great difference betwixt bonum bene good and well iustum and iuste that which is iust and justly For he teacheth that good just things may be done by evill and ujust men which haue not the habit eyther generally of goodnes or perticularly of Iustice but he sayth that only good and just men which haue the habit of goodnes and justice Marc 6 20 can doe things well and iustly And this distinction is agreable to holy writ For Herod is saide to haue done many thinges viz. that were in themselues good the like may be sayd of Saule and divers other But certaine it is that evil men can doe any good or just thīg well and iustly This commeth onely from the spirit of regeneration and from a true faith wrought thereby without which it is impossible to please God For as much therfore Heb 11 6. as this answerer doth here testifie generally of the Supplicants that they doe discourse in this Argument not onely of many worthy and Christian poyntes but also worthily and Christianly yea very worthily and Christianly contraritie yea also for as much as he setteth this downe for a certeynty saying certeynly how doth this or can this agre with all the reproch full termes before given by him unto them of Schismatiks Refractaryes wilfull contenders with the Magistrate presumptuous censurers wilfull and malicious confronters of the Magistrat boasters lyars impudent blind and ignorant persons false Prophets fowers of sedition disturbers of the Church etc For can it be sayd of such men and that for a certeynty that they discourse very worthily and Christianly of sundry things Let it not be sayd that to discourse is but a matter of wordes For their is the same reason of words and works No man can say well and rightly that Iesus is the Lord 1 Cor 12 3. but by the Holy Ghost Though an evill man therfore may speake many good and Christian things yet onely good men speake good and Christian things well and christianly G. Powel Doth God plague us because of the proceedinges against the refractary Ministers And not rather for our horrible sinnes of security pride unthankfulnes etc This is certeyne and the rest unproved I haue told you Reply of your mistaking your Logike before The author disputeth not perticularly of the sinnes that moved the Lord to visite vs etc but of the generall end wherfore he did both correct us but also magnifie his mercy towards us The which he applied to the particular poynt of favor for the Ministers molested Notwithstanding to answer your question though it cannot be denyed that for other sinnes the Lord hath so heavily scourged us yet why should the suppressing of the Ministery of the gospell be concluded Was not to receiue and heare the Disciples of our Saviour which were sent out by two two but for a time to prepare men for the gospell so great a sinne that our Saviour pronounceth that it should be easier for Sodom and Gonorrha in the day of iudgement then for such a City Mat. 10 14. 15 as should not so receyue and heare his Disciples and shall the silencyng and depriving of so many Ministers setled in perticular Congregations and all ready blessed in their labors be accounted no sinne Yea not onely the silencyng of them etc but also providyng that they shall haue no other meanes whereby to maynteyne themselues their wiues and children God open your eyes to see and moue your hearts so to cōsider hereof that yee may not flatter your selues but see your sinne herein Yea because your selfe speake of unthankfulnes as one speciall sinne provokyng Gods indignation what greater unthankfullnes can there be then so to intreate his servants whom he hath so graced and blessed Iudge your selues yee Reverend Fathers that are principall actors in this matter that yee may not be iudged of the Lord. 1 Cor 11.31 Take heed I humbly beseech you in the feare of God take heed I say in time least fire breake forth frō the Lord and there be none to quench the same In the destruction of Ierusalem by Nebuchadnetzer 2 Chron 36 16 and the carying of the people away captiue to Babell and in the last desolation of the same City by the Romans the like misusing of the Lords Prophets is set downe as one principall cause therof Mat 21.35 23 37 And who I beseech you in such misusage of the Lords messengers had alwayes a principall hand Had not the Priests of the Lord that should haue done the contrary Serch the scriptures and see if they bare not witnes in this behalfe If God once set things in order before you Psal 50.12 shall it be sufficient to pleade that the Ministers of his word against whom yee haue so proceeded were Schismatikes refractaryes etc. Alas alas this wil be but a weake plea. Yee haue herd before that the Prophets were so termed Lastly concernyng the particular sinnes by you mentioned and other the like from whence doe they more proceede then frō the restraint of the word by the Preaching wherof they would be eyther repressed or restrayned If the libertie and free passage of the gospell worke an holy feare humility and duetifull thankfulnes yea if the preaching of the word doe restrayne the most wicked and reprobate themselues that they bite in their lips hold their hands and refrayne from many sinnes which otherwise they would commit as it cannot be denyed doe not security pride unthankfulnes all other sinnes come from the restraint of the word The answer to the Second supposed Argument in this 17 conteyned hath in part been answered before because it hath been proved that we are no Schismaticall Ministers Touching the rest of the sayd answer we deny not but that there are other meanes wherby that Honorable Court may testifie their thankefulnes yet this hindreth not but that this may also be one yea if it be granted that there are other then by vertue of relation this also must be granted to be one Yea if mercy to the soule be more then mercy to the body as the soule is better then the body and the misery of the soule greater then of the body and cruelty to the soule worse then to the body then it followeth that this is a speciall principall meanes wherby to testifie their thankfulnes His answer to the third supposed argument in the 17 Argument hath also been answered The same I say of his answer to the 5 supposed argument Onely therin the answerers censure of the Parliament if they should restore us is to be observed viz. that they shall not onely attract guilt and remorse of Conscience but also preiudice their Honorable age and make their names reprochfull to all posterity This toucheth not only the Lords of the upper house and body of the Commons in the Netherhouse but also his most excellent Majestie without whose Princely authoritie nothing can be
might be the more suitable to the Arguments thēselues that the author of them might haue no cause justly to blame me for disgracing his work and the cause it selfe by a contrary course and that the mindes of the Prelats may rather be molified towards vs. then any thing more exasperated against us If it fall out otherwise and that our mildnes doe still increase their rigor God I hope shall giue us patience to indure whatsoever he shall suffer them to doe unto us together also with such comfort as all the world shall not be able to take away from us For we are so throughly perswaded from the evidence of Gods truth revealed in his word and sealed up in our hearts by his spirit the cause wherein we stand to be the cause of Christ Iesus that we say with Paule Acts 21.13 we are ready not to be bound onely neither onely to loose our livings but also herein to dye for the name of the Lord Iesus I speake not this seditiously and therfore let no man so wrest my words but I speake with that mind and in that manner that Paule spake the former words to signifie our readines for suffering any thing which the Prelats shall do unto us not for doyng any thing to resist them Some of thē harpe much vpon this string as appereth by wresting of our words in most malicious manner in the former answer against us yea they seeme also to thinke long for some law or other of this land to be wrested against us to make some of us examples unto other by sheading of our bloud but if they should so fare prevaile which I hope they shall never doe in the dayes of gracious and mercifull King Iames nor in the dayes of any of his most Royall bloud let them remember the words of Ieremy in the like case Ieremy 26 14 15 to the Priests and Prophets that sought his bloud As for me be hold I am in your hands doe with me as you thinke good and right But know you for certeyne that if ye put me to death ye shall surely bring innocent bloud upon your selues and upon this Citie and upon the inhabitants thereof etc. For of a truth the Lord hath sent me to speake all these wordes unto you Yea let them not onely remember those words but so also take admonition by them that in the presence of God they be not guiltie of high treason against our most Christian Soveraigne against his Royall issue and against the whole land by provoking the Lord to inflict such judgments upon all as the wordes before mentioned doe insinuat We are in their handes 2 Chron 24 22 ready without any resistance meekely to suffer any thing but he that judgeth righteous iudgment though he sit in the heavens will looke upon it and one day as Zechariah in the like case sayd will requyre it as indeed then he did Not withstanding I am so farre from Prophecying or wishyng any judgment to the whole land though I cannot but feare it that I doe and will earnestly pray Ioel 2.17 Gen 18 26 spare this thy people ô Lord and giue not this part of thyne heritage into reproch etc. Yea I doe the more hope of mercy in sparyng us yet a while longer because of the great multitude of the righteous in the land and because perticularly of many that haue been and yet are under Christ dressers of this the Lords vineyard that day and night whiles many Prelats eate and drinke and take their ease and pleasure doe pray the Lord of this his vineyard to let it yet alone Luk. 13 8 and to spare it a while longer But for all this whosoever shall procure the bloud of the meanest of us to be shead under whatsoever pretence let them know that such bloud shall cry louder in the eares of the Lord of Hosts for vengeance upon the procurers therof then ever we haue cryed in the eares either of our most gracious Soveraigne whom God long preserue in person and in vprightnes of heart or of the High Court of Parliament for Iustice If their shall be iudgment merciles to him that sheweth no mercy what shall the portion be of the cruell bloud thirsty Iames 2 13 Pro 21 13 Verely though they cry yet the Lord shall not heare them As also they that put the Martyrs to death missed of their purpose so shall all bloud thirsty and ambitious Papall Prelats Epist 243. Sanguis martirum semen Ecclesie The bloud of Martyrs is the seed of the Church and foecundi saith Calvin sunt martyrum cineres The very ashes of Martyrs are fruitfull The truth may be oppressed but it cannot be suppressed yea the more it is oppressed the more it shall bud forth spring If one of us in this cause should be put to death though perhaps under colour of some other offence by perverting of words wresting of law or otherwise yet for that on the Lord can rayse up ten yea there is nothing that hath made or doth make the cause of Papall Prelats more odious and the reformation desired more gracious and honorable even with some that before the consideration of that which I now say were of another minde then the unjust and especially the unmercifull proceedings of such Papall Prelats against the seekers of reformation Philip 1 28 Therfore in this case as the Apostle exhorteth the Philippians we doe in nothing feare our adversaries because as to be our adversaryes in such respects is to them a token of perdition if they repent not so also to be hated and persecuted by the Prelats is a like token to us of salvation and that of God But beyng so confident why doe we conceale our names to our writings Because as Christ Iesus notwithstanding all his heavenly fortitude without any defect did for all that oft tymes hide and with drawe himselfe from the furie and rage of the Priests Scribes and Pharises till his appoynted time was come so doe we by this meanes hyde our selues from the violence of some of our Prelats To your conclusion I will answer litle because it hath litle that hath not been answered before Wheras you say that wordes are to be numbred to so great states I answer that words are not onely to be numbred but also for the quality truth modesty sincerity and equity of them to be weighed and considered which if you had doone your whole labor had ben spared If you did greiue in your soule to heare us complayne of our povertie why doe you by bitter rayling false accusations and most unjust vnreasonable wresting of your antigonists words against all other Ministers of his sorte ad affliction to our affliction doe you not know that by this circumstance David amplyfied his cōplaynts and deprecations against his adversaryes Is this to iudge wisely of the poore Psal 69 and 109.16 Psal 41.1 Whereas you wish us to be a shamed of
whatsoever a man hath will he giue for himselfe and for his life but stretch out thy hand saith Sathan and touch his bones and his fleesh and see if he will not then blaspheme thee to thy face Secondly in respect of the feeblenes of the judgment and sentence that should be grounded upon the othe of such a party being even then at his convention aforehand defamed and of suspected faith or credit Bracton Agayne it is against the common law which constātly holdeth that iudicium est in qualibet actione trinus actus trium personarum Iudicis actoris et rei Secundum quod large accipi possunt huiusmodi personae quod duce sunt ad minus inter quas vertatur contentio et tertia persona ad minus qui iudicet alioquin non erit iudicium cum istae personae sunt partes principales in iudicio sine quibus iudicium consistere non potest Britton And the renowned Prince King Edward the first saith by the penn of the learned Iudg Britton that no judgmēt may be of fewer then three persons that is to say a Iudge a plantiefe and a defendent and in case saith the King that we be a party we will that our Court shall be Iudge Then if the party convented be constrained to accuse himselfe he susteineth two of the said parties in judgmēt viz. actoris et rei which the law hateth or else the Ordinary or Iudge susteineth two of the sayde partyes in judgment that is both Iudge and Promoter which the law doth also abhorre Therfore true judgment cannot so consist If it be objected that common bruite and fame may lawfully stand in steead of an accuser and put a person cōvented to purge himselfe therof and to deliver his knowledge also of others by oeth I answer that fame is tam ficti pravique tenax quam nuncia veri and ought to haue no credit untill it be presented in course of law or proved For the law is that the Iudge himselfe if he would of his owne knowledge affirme the party to be in famous is not to be received or beleeved For that the law will quod secundum acta et probata iusticia ministretur That which is often objected that private relation made unto the Iudge is sufficient to put the party convēted to answer upon his oeth is answered before for that the parties in judgment must not be fayned persons but such as may stand upright in Court and answer the party convented his damages and costs if his prosecution be wrongfull otherwise a man may be greatly wronged his good name and fame unjustly brought into question put to great chardges without any recompence and malicious backbiting maintained and all by coloure of this proceeding which the common law hateth That which is objected that if this course should not be taken by proceeding by oth Ex officio mero vice would abound for that accusation is daungerous and odious is easily answered That the commō law seeth this also and therefore hath ordeyned common enformers to proceed against such as private persons will not deale with by witnesses and such legall courses and allow them part of the penaltie for their labor and yet alloweth the party wrōgfully accused his damages and costs if the accusation be wrongfull and injurious In so much as if the enformer will not or be not able to render it he shall receaue corporall punishment for his offence and for the redemption of the defendant credit and reputation The Statute law also is 9 H 3 c 29 that no fre man shal be apprehended or imprisoned or to be disseased of his free hold or liberties or free customes or to be outlawed or exiled or any wise distroyed nor we shall passe upon him nor deale with him but by lawfull judgment of his peeres or by the law of the land that is by presentment Indictmēt witnes verdict voluntary confession or process of utlary In so much as when the Popish Clergie would neverlesse be tampering with this oath ex officio as their practise was to be medling for the advancment of Antichrist in all States there was a writt of prohibition awarded as warrented formerly by the Common law to be directed to the Sheriff commaunding him that he shall not permit etc and thereupon an attachment against the Bishop if he disobey After this in the height of the Popes pride in the dayes of King Henrie the 4. who was willing to please him being a King in facto 2 H 4 c 15 but not de iure this oath crept in as a Canonicall sanction by the statute of 2. H. 4. But the iniquitie injustice and repugnancy thereof to the Common lawes statutes of the Realme appearing to the State 25 h. 8 c. 14 23 H 8 c 9 it was by K. H. 8. by the whole Parliament abrogated as injurious to the Crowne and utterly against the common justice of the kingdome and so it resteth cōdempned to this day So that no Ordinary can practise it by any power under the Crowne Then it followeth that the use therof must needs be by colour of the Canon law which being in that poynt derogatory to the Crowne 25 h. 8. c. 19 repugnant to the law of this kingdome and abolished by Act of Parliament it consequently cannot be used but by a forreine power and thē it is premunire wager of law And to that which is alleaged by the Civilians that the Common law alloweth it in that which is termed the wager of law or doeing of his law it appeareth that they are therin utterly mistaken which may easily arise out of their ignorance therof First the wager of law is voluntary for he that offereth it may be tried per patriam at his election This is contrary viz. extorted and constreined 2 The wager of law commeth from the certeine knowledge of the deponent who best knoweth whither he ow the debt or not This is contrary most uncertaine what shal be demaunded or interrogated 3 Againe the wager of law maketh an end of the strife but this is contrary viz the beginning of strife for it is not finall but frō thence the Iudge gathereth the ground wherupon to proceed against the party convented 4 The wager of law is in case meere and onely civill for an honest man may be in debt but this othe is ministred in case meere criminall in which case the othe is so much the more odious to the Common law by how much it is an apparant occasion of perjury which carnall men will rather fall into then to subject themselues to corporall punishment or to lay open their owne turpitude or shāe Neither can this proceeding by othe ex officio be foūd in the Honorable Court of Starr chamber For although the courts of Starr chamber and Chauncery proceed not by Iury yet they obserue the due forme of justice Starr chamber and enforce no man to answer but where
he hath a knowne accuser and perfect understanding of the cause or crime objected and therewithall is permitted to haue a copye of the bill of complaint or information and allowed more over both time convenient and councell learned well to consider advise of his oth answer and if his adversaryes complaint be either in sufficient in forme or such as the Court hath no jurisdiction to determine the defendant upon demurrer without othe is dismissed and that with costs And admtit the accusation be such as is every way aunswerable yet if the interrogatoryes ministred be impertinent to the matter of complaint the defendant without offence to the Court may refuse to make answer to the same Therefore no similitude or likenes between this oth used in these Honorable courts of Iustice that constreyned oath ex mero officio Iudicis 1 Since the former sort be orderly taken in courts of justice the other without all course of judgement 2 The one where the plantiff and matter of complaint are manifest the other where neither accuser nor matter of accusation doeth appeare unlesse the bare suspicion of the Iudge fame unproved or private insinuation may be allowed for competent persons in judgement against whom the party defendāt is deprived of all legall exceptiōs is often after great trouble dismissed and though innocent yet dampnified and slaundered and without recompence there being no complanant found but the Iudge himselfe 3 The one made upon certaine knowledge and good advisment the other soddenly without all discretion uppon uncertaine demaunds 4 The one wisely restreined to certaine limits boūds the other foolishly wandring at the doubtfull will of a sly and subtill opposer 5 Upon the one the deponent aunswereth to the accusation of his adversarye by the other he is compelled to be his owne accuser and condemner 6 The one requyreth an answer to matter in fact done either to the injury of some private person or hurt of the publicke state the other constreineth revealing of words deeds and thoughts though never offensiue to any That which is objected that the saide proceeding is warranted by the Canon law or Civill law is answered many wayes but breifely by the positiue law it selfe that banisheth all Canon Civill or other law or preheminence or power whatsoever which is contrary or repugnant to the common law of the land But this proceeding by the partyes owne othe ex officio mero is contrary and repugnant to the common law of the land Ergo Thus we see that this proceeding by oth ex officio was a meere straunger in England Conclusion and how it arrived heerein Anno 2. H 4. but yet as a masker disguised marching in the rowte of Cannonicall sanctions obscured from the veiw of the State under that name but after being discovered as an adder in the grass was damned and expelled by the Statute of 25. H. 8. as a traytor to the King and his lawes and hath no lawfull or warrantable interteynment by the statute of primo Elizab For that there by no jurisdiction excercised by the Bishop of Rome in this kingdome is annexed to the crowne but that which was then lawfully vsed and excercised within this kingdome Then for any Ordinary or Iudge Ecclesiasticall to enterteine it and use it in their courts proceedings is a high misprision against the King his Crowne and dignity and punishable by the Statute of the 16. yeere of K. R. 2. Now to passe from the oth ex officio to the Canons of the Canōs and yet not to deale with those that are of indifferent sorte but with those onely that are either contrary to Gods word or repugnant to the lawes of the land neither also to say all of these in this place that might be sayd but only for brevities sake to giue a tast and to poynt at some may it please the Christian reader yea the answerer himselfe yea all our adversaries in this cause that are not too much blinded with mallice to consider that all such Canons generally as pronounce a man ipso facto excommunicate for saying thus or thus against the Canons themselues against the Ceremonies against the booke of Common prayer and the strict observation thereof etc cannot be justified in this behalfe by the word of God For as to prevent an objection that might be made from the commaundement for reading of them publikly in Churches albeit the sacreed scriptures be dayly publikely read and preached yet many things are both wittingly and unwillingly spoken and actually committed against the sayd sacreed scriptures for which notwithstanding such persons are not presently to be held ipso facto excommunicate so certeinly except the authoritie of the Church be greater then the authority of God and the Canons of this last Synod more authenticall then the holy scriptures given by inspiration from God it must be acknowledged of these Canons and all other constitutions of the Church whatsoever that every word spoken or act committed against thē especially unwittingly is not so heavily to be punished Agayne wheras the sayd Canons doe forbid any man by speech so offending without publike revocation of his sayd pretended wicked error to be restored sith the sayd offence may be committed as well privatly as publikely and sith the Canons speake generally whosoever shall affirme etc without any exception of private affirmations how can the sayd Canons in this respect be warranted by the word of God 1 Tim 5.1 If all offences against Gods word at least of man against man be not publikely to be reprehēded much lesse are all affirmations in disgrace of any Ecclesiasticall cōstitutions of men to be punished with publike pennance Furthermore whereas divers of the sayd Canons doe forbid many offenders by such affirmations to be restored by any other meanes then onely by the Archbishop sith the sayd offence may not onely be unwitting private but also by a poore ignorant man yea perhaps a lame impotent man dwelling also it may be an hundred myles or almost 200. myles from the Archbishop What equity is there that svch an offender should be debarred from all restoring by any other And so for want therof be deprived perhaps all his life from all publike communion with the Church and from all spirituall comfort for his soule therby Is this the mercy that is better then sacrifice And wherby we doe represent our heavenly Father The 13. Canon commaundeth the celebration of holy dayes as well as of the Lords day and that as equally agreyng to Gods holy will and pleasure I deny not but that as Gods word is to be preached at all tymes in season and out of season so it is also to be heard as oft as men haue opportunity but yet that the holy dayes now commaunded to be celebrated are as equally according to Gods holy will and pleasure as the Lords day especially so to be celebrated as they are injoyned with greater solemnities