granting that all authority of jurisdiction spirituall is derived from the King as supreme head of the Church of England although that title by that name be not now assumed in the stile Imperiall and that all Courts Ecclesiasticall within this Realme be kept by no other authoritie either forreine or within this Realme but by authority of the kings most excellent majestie as is averred in the sayd Preamble of King Edwards statute yet this if rightly understood would never hurt the Bishops or advantage you But my reason is because that whensoever the king grants out his Conge d' peslier for the election of a Bishop and afterwards doth passe his royall assent to the said election send his Mandate to the Metropolitan for consecration of the party which is so elected he doth withall conferre upon him a power to exercise that jurisdiction which by his consecration done by the kings especiall Mandate he hath atteined to And this may also serve for answere to your other cavill but that Bishops may not hold their courts or visitations without letters Patents from the king For were there such a law as there is no such yet were the Prelates safe enough from your Praemunire because the Royall assent to the election and Mandat for the consecration passing by broad seale as the custome is inable them once consecrated to exercise what ever jurisdiction is by the Canon incident to Episcopall power No neede of speciall letters Parents for every Act of jurisdiction as you idly dreame No more than if a man being made a Iustice of the Peace under the broad seale of England and having tooke his oath as the law requires should neede for every speciall Act some speciall warrant or any other kinde of warrant than what was given him in the generall when first made a Iustice And yet I trow the King is the immediate fountaine also of all temporall power and no man dare execute authority but from and by him Touching his Majesties supremacie more than in answere to your clamours I shall say nothing at this present as neither of this place nor purpose It is an Argument of great weight fit rather for a speciall treatise than an occasionall replication Only I will be bold to tell you that if the kings supremacy were not more truely and sincerely without any colour or dissimulation as the Canon hath it defended by my Lords the Bishops than by such as you it would be at a losse ere long and setled on the vestrie wherein you preside For wot you what King Iames replied on the like occasion When Dr. Reynolds in the Conference at Hampton Court came in unseasonably once or twice with the Kings Supremacie Dr. Reynolds quoth the King you have often spoken for my supremacie and it is well But know you any here or any elsewhere who like of the present Government Ecclesiasticall that finde fault or dislike with my supremacie And shortly after putting his hand unto his hat his Matie sayd My Lords the Bishops I may thanke you that these men doe thus pleade for my Supremacie They thinke they cannot make their party good against you but by appealing unto it as if you or some that adhere unto you were not well affected towards it But if once you were out and they in place I know what would become of my supremacie No Bishop no King as before I sayd How like you this Mass Burton is not this your case Mutato nomine de ie fabula narratur You plead indeed for the Kings supremacie but intend your owne The next great crime you have to charge upon the Bishops is that they doe oppresse the kings Leige people against law and conscience How so Because as you informe us Prohibitions are not got so easily from the Courts of Iustice as they have beene formerly and being gotten finde not such entertainement and obedience as before they did This you conceive to be their fault and charge them that by stopping the ordinary course of law the Kings people are cut off from the benefit of the Kings good lawes so as it is become very geason and a rare matter to obteine a Prohibition against their illegall practises in vexing and oppressing the kings good subjects Nay they are growne so formidable of late as if they were some new generation of Giants that the very motion of a Prohibition against a Prelate or their proceedings in the high Commission makes the Courts of Iustice startle so as good causes are lost and Innocents condemned because none dare pleade and judge their cause according to the Kings Lawes whereby wee ought all to be governed p. 69.70 My Masters of the Law and my Lords the Iudges will conne you little thankes for so soule a slander greater then which cannot be laid on the profession or the Courts of Iustice What none dare pleade nor none dare judge according to the Lawes So you say indeed And more then so in your addresse unto the Iudges What meane's say you that difficulty of obtaining prohibitions now adayes whereby the Kings innocent Subjects you are an innocent indeed God helpe you should be relieved against their unjust molestations and oppressions in the Ecclesiastical Courts and high Commission What meaneth that consternation of spirit among Lawyers that few or none can be found to pleade a cause be it never so just against an oppressing Prelate and are either menaced or imprisoned if they doe p. 29. Hoc est quod palles Is this the thing that so offends you that prohibitions are restrained or not sent out so frequently from the Courts of Law as of late they were to the diminishing if not annulling the authority of the Court Christian I trow you are the onely Clergie-man that complaines of this Or if there be more such they be such as you who onely make a property of the civill Courts by them to scape their censures in the Ecclesiasticall Were you so innocent as you would have us thinke you rather should rejoyce for the Churches sake that Prohibitions flie not out so thicke as they have done formely to the great oppression of the Clergie in their suites and businesses especially in those which did concerne the Patrimony of the Church their tithes And if my Lords the Iudges are with more difficulty mooved to send abroad their Prohibitions then were their predecessours in the place before them it is a pregnant evidence of their great love to justice Nor can it but be counted an honour to them to leave every Court to that which is proper to it and for the which it was established And God forbid the Church should aske or doe any thing that should incroach upon them or invade any of their rights What doth this greeve your conscience also Good Sir consider with your selfe what mischiefes Clergie-men were put to when they could scarce commence a suite but prohibitione cautio est a Prohibition was sent out to stop the course of his proceedings
well as you Pope Boniface tels us of Saint Peter that he was taken in consortium individuae Trinitatis and doubtlesse you deride him for it yet in effect you take as much unto your selfe Gods cause and yours are so alike of such neere kinne to one another that they are hard to be distinguished Our Saviour Christ hath no advantage of you but that hee was the first-begotten and therefore is your elder brother As for the King according to the Puritan tenet he 's but a Minister of the State onely a sworne Bailiffe of the Common wealth and to be called unto accompt when the people please the Saints i. e. your selfe and such as you being kings indeed to whom the earth belongs of right and the fulnesse of it and at whose feete in case the Presbyterian discipline were once established all Kings and Princes of the world must lay downe their scepters Huic disciplinae omnes orbis Principes Monarchas fasces suos submittere parere necesse est As your friend Travers stated it in his booke of Discipline Yes marry Sir now I perceive there 's somewhat in it why Gods cause Christs the King and yours are so linked together So farre we have gone after you or with you rather to see how you could justifie your Appeale as it related to the incompetencie of the Iudges wee must next looke upon you whilest you pleade your cause as it reflects upon the illegality of their proceedings And this you branch into two parts also for you are excellent at making a division the one generall which concernes their usuall practise in all other cases the other particular in your owne case p. 11. It had beene fitter sure you had left out the generall and fallen on the particular onely for in such things which are you say their usuall practise what cause have you to make appeale more then other men And should all other men take liberty to decline the Court that would dislike their course and manner of proceedings his Majesty might quickly call in the Commission as an vnnecessary thing of no use at all This therefore onely was put in to beget an Odium to that Court and buzze into the peoples heads who if once seasoned with your leaven are apt to credit it that the proceedings there are contrary to pieâ—y to law to charity and utterly against the liberty of the Kings good subjects But being put in we must doe what we can to rase it out againe and therefore speake what is it that you are agrieved at in their usuall practise Your first exception is against the oath ex officio in which you say they doe transgresse in three particulars first in regard it is exacted of the delinquent before a copy of the Articles or Libell is exhibited unto him and secondly in that the deponent is not permitted to have a copy of the Articles before he doth depose unto them that he may answer to them by advise of Counsell both which you say are contrary unto the practise of all the other Courts of Iustice Thirdly in that the oath exacted is contrary both unto faith and charity to faith in that an oath so taken must needes be taken for a rash oath and so against the nine and thirtieth Article of the Church of England to charity in that it makes a man to accuse his brother and betray himselfe and so against that generall maxime nemo tenetur prodere seipsum p. 11. and 12. This is the summe of what you say for that which followes of putting in Additionals to the information on the discovery of new matter was not worth the saying and all this is no more but quod dictum prius that which hath formerly beene alledged and already answered your learned Counsell furnished you with these particulars when you were both delinquents in that Court together and he might doe it easily without much study They were collected before hee was borne and by some that had as evill will to the Church as he and spred abroad amongst that party in Queene Elizabeths time but very learnedly refelled by Dr. Cosin then Deane of the Arches to whom for brevities sake I might well referre you Yet since your libell is made publicke and dispersed abroad I will in briefe lay downe such answers as are made by him to your severall cavils adding a little of mine owne and one thing specially for your satisfaction which he could not know of In answer to the first he tels you if you would have learned that though the Articles or Libell be not exhibed inscriptis before the oath yet that the generall heads are signified and opened to the party criminall which was observed as you confesse in your particular For you informe us in the beginning of your Apologie that the occasion of your Appeale was upon the reading of certaine Articles unto you by the Register of the Court before Doctor Duck and by his appointment who thereupon tendred unto you an oath to answer to the said Articles This was as much favour as could be showne you and more then needed The reason why the Articles are not given in scriptis is chiefely upon observation that some of those to whom that favour hath beene showne have used it onely as a meanes to instruct their confederates for the concealing or the disguizing of the truth a thing of dangerous consequence in punishment of Schismes Heresies and such other things which this Court takes notice of themselves upon perusall of the Articles remaining still as obstinate in the refusall of the oath as they were before Nor is it generally contrary to the practise of the Common-law as it is pretended the grand inquest taking an oath before the Iudges that they shall diligently inquire and truely present all offenders against any such point as shall be given them in charge and yet the charge not given till the oath be taken As to the second touching the advise of Counsell to draw up the answer that 's universall neither in law nor practise For on inditements at the common law upon life and death there is no counsell given the party to draw up his answer And in proceedings in the Starre-chamber Chancery and Court of requests however they commence suites there by bill and answer yet when they come to interrogatories the parties first take oath to answer truely to the points and then the Interrogatories are proposed unto them peece by peece in the Examiners office Besides that in such Cases as principally doe concerne the high Commission it hath not beene thought sit to admit of Counsell for drawing up an answer unto the Articles objected the better to avoide delaies and that foule palliating of schismes and errors which might thence arise As for the first part of the third exception it 's true that vaine and rash swearing is condemned by the nine and thirtieth Article but then it resteth to be proved that taking of an oath to answer to
to dispute but to disobey the Kings commands Now Sir I pray you what are you or by what spirit are you guided that you should finde your selfe agreeved at unlimited power which some of better understanding then your selfe have given to Kings or thinke it any Innovation in point of doctrine in case the doctrine of obedience to our superiours bee pressed more home of late then it hath beene formerly Surely you have lately studied Buchannan dejure regni or the vindiciae writ by Beza under the name of Iunius Brutus or else perhaps you went no further then Paraeus where the inferiour Magistrates or Calvin where the three estates have an authority to controule and correct the King And should the King be limited within those narrow bounds which you would prescribe him had you power he would in little time be like the antient Kings of Sparta in which the Ephori or the now Duke of Venice in which the Senate beare the greatest stroke himselfe meane time being a bare sound and an emptie name Stet magni nominis umbra in the Poets language Already you have layd such grounds by which each private man may not alone dispute but disobey the Kings commandements For if the Subject shall conceive that the Kings command is contrary to Gods word though indeede it be not or to the fundamentall lawes of state although hee cannot tell which be fundamentall or if he finde no precedent of the like commands in holy Scripture which you have made to be the onely rule of conscience in all these cases it is lawfull not to yeeld obedience Your selfe have given us one case in your Margin pag. 77. we will put the other Your reprehension is of those that so advance mans ordinances and commandements as though they be contrary to Gods Law and the fundamentall lawes of state yet presse men to obedience to them your instance is of one which was shrewdly threatned how true that is we meane to tell the world hereafter for refusing to doe that which was not agreeable to the word of God viz. for refusing to read the booke of sports as you declare it in the Margin pag. 26. whether you referre us So then the case is this The King permits his people honest recreations on the Lords day according as had beene accustomed till you and your accomplices had cryed it downe with order to the Bishops to see his declaration published in the Churches of their severall diocesses respectively This publication you conceive to bee repugnant to Gods word though none but a few factious spirits ever so conceived it and that your doctrine of the Sabbath be contrary to all antiquity and moderne Churches and therefore by your rule they doe very well that refuse to publish it It 's true indeed in things that are directly contrary to the law of God such as carry in them a plaine and manifest impietie there is no question to be made but it is better to obey God then man But when the matter chiefly resteth either in misapplying or misunderstanding the word of God a fault too incideÌ„t to ignorant unstable men to none more then to your disciples their teachers too or that the word of God be made a property like the Pharisees Corban to justifie your disobedience unto Kings and Princes your rule is then as false as your action faulty So for your second limitation that 's but little better and leaves a starting hole to malicious persons from whence to worke on the affections of the common people For put the case the King in necessary and emergent causes touching the safety of his empire demand the present ayde of all his subjects and any Tribunitian spirit should informe them that this demand is contrary unto the fundamentall lawes of state according to your rule the subject is not bound to obey the king nay he might refuse it although the busines doth concerne especially his owne preservation But your third limitation that of conscience is the worst of all For where you make the word of God to be the onely rule of conscience you doe thereby conclude expressely that neither Ecclesiasticall or Civill ordinances doe binde the conscience and therein overthrow the Apostles doctrine who would have Every soule be subject to the higher powers not for wrath onely but for conscience sake So that in case the king command us any thing for which we finde not some plaine precept or particular warrant in the word of God as if the King command all Lecturers to read the service of the Church in their â—oodes and surplices before their Lectures such his command is plainely against conscience at least the Lecturers are not bound in conscience to submit unto it because there is no speciall precept for it in holy Scripture And certainely this plea of conscience is the most dangerous buckler against authoritie which in these latter ages hath beene taken up So dangerous that were the plea allowed and all the judgements of the king in banco permitted to bee scanned and traversed in this Court of Conscience there were a present end of all obedience Si ubi jubeantur quaerere singulis liceat peunte obsequio imperium etiam intercidit as he in Tacitus If every man had leave to cast in his scruple the balance of authority would be soone weighed downe Yet since you are so much agreived at the unlimited power which some gives to Kings will you be pleased to know that Kings doe hold their crownes by no other Tenure than Dei gratia and that what ever power they have they have from God by whom Kings reigne and Princes decree justice So say the Constitutions ascribed to Clements 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So Irenaeus also an antient father Cujus jussu homines nascuntur ejus jussu reges constituuntur And Porphyrie remembreth it amongst the Tenets of the Essees a Iewish Sect 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that no man ever did beare rule but by Gods appointment Holding then what they have from God whose deputies they are and of whose power they are partakers how and by whom doe you conceive they should be limited doubtlesse you meane to say by the lawes of the Land But then if question be demanded who first made those lawes you must needes answere also the kings themselves So that in case the kings in some particulars had not prescribed limits unto themselves and bound their owne hands as it were to enlarge the peoples neither the people nor any lawes by them enacted could have done it Besides the law of Monarchie is founded on the Law of nature not on positive lawes and positive lawes I trow are of no such efficacie as to annihilate any thing which hath its being and originall in the law of nature Hence is it that all soveraigne Princes in themselves are above the lawes as Princes are considered in abstracto and extent of power and how farre that extent will
new orders or bringing in new fashions never knowne before If you have any other pedegree as perhaps you have from Wiclif Hus the Albigenses and the rest which you use to boast of keepe it to your selfe Non tali auxilio the Church of England hath no neede of so poore a shift Nor did shee ever think it fit further to separate herselfe from the Church of Rome either in doctrine or ceremonie then that Church had departed from herselfe when shee was in her flourishing and best estate and from Christ her head And so King Iames resolved it at Hampton Court That which remaineth touching the poison which the spirit hatt ruleth in the aire hath infused into the chaire of the Hierarchae and your distinction betweene nominall and reall grace for which I make no question but you doe hugge your selfe in private is not worth the answering I shall produce your raylings as I goe along but not confute them as knowing little credit to begotten by contending with you and farre lesse by scolding But where you seeme to be offended with the Bishops â—hat they should stile themselves the Godly holy Fathers of the Church I hope you know the title is not new nor first used by them All ages and all languages have so entituled them The Gretians everused to stile them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Latines Reverendos in Christo Patres the English our Reverend fathers in God all of them as of common course you cannot but know it As for that patch which followes after viz. the Pillars of our faith and your conceit upon them both of Caterpillers and stepfathers those you may heare amongst the scoffes reviling and reproachfull termes which with a prodigall hand and a venemous penne you cast upon them every where in your severall Pasquills to which now I hasten To begin therefore where we left for fathers you have made them Step-fathers for Pillars Caterpillers their houses haunted and their Episcopall chaires poysoned by that spirit that bear's rule in the ayre These we have told you of before goe on then They are the limbs of the beast even of Antichrist taking his very courses to beare and beate downe the hearing of the Word of God whereby men might bee saved p. 12. Their feare is more towards an Altar of their owne invention towards an image or crucifixe towards the sound and syllables of Iesus than towards the Lord Christ. Pag. 15. Miscreants 28. the traines and wiles of his the dragons dog-like flattering tayle pag. 30. New Babel-builders 32. blind watchmen dumbe doggs plagues of soules false prophets ravening wolves theeves and robbers of soules which honorary attributes you bestow upon them from the Magdeburgians pag. 48. Either for shame mend your manners or never more imprison any man for denying that title of succession which you so bely by your unapostolicall practise pag. 49. If the Prelats had any regard either to the honour of God and of his word or to the setled peace of the kingdome as they have but little as appeareth too palpably by their practises in disturbing and disordering all pag. 63. The Prelates actions tend to corrupt the kings good peoples hearts by casting into them feares and jealousies and sinister opinions towards the king as if he were the prime cause of all those grievances which in his name they doe oppresse the kings good subjects withall pag. 74. These factors for Antichrist practise to divide kings from their subjects and subjects from their kings that so betweene both they may fairely erect Antichrists throne againe pag. 75. Antichristian mushromes pag. 83. They cannot be in quiet till res novas moliendo they may set up Popery againe in her full equipage 95. tooth and nayle for setting up of Popery againe 66. trampling under their feete Christs kingdome that they may set up Antichrists throne againe p. 99. According to that spirit of Rome which breatheth in them by which they are so strongly biassed to wheele about to their Roman Mistresse pag. 108. the Prelates confederate with the Priests and Iesuits for rearing up of that religion pag. 140. by letting in a forraigne enemie which these their practises and proceedings pretend and tend unto pag. 75. The Prelates make the mother Cathedralls the adopted daughters of Rome their concubines whereon to beget a new bastard generation of sacrificing idolatrous Massepriests throughout the land p. 163. Nothing can now stay them but either they will breake all in peeces or their owne necke p. 164. All this sir in your Pulpit-pasquill So also in your Apologie Iesuited Polypragmaticks and sonnes of Belial and in the newes from Ipswich Luciferian Lord Bishops Execrable traytors devouring wolves with many other odious names not fit to be used by Christians Finally in your Pulpit libell you seriously professe that you are ashamed that ever it should bee sayd you have lived a minister under such a Prelacie p. 49. Great pittie sir you had not lived a little in king Edgars time amongst whose Lawes it was ordeined that that mans tongue should be cut out which did speake any slanderous or infamous words tending to the reproach of others Hitherto for the generalls And there are some particulars on which you spend your malice more than all the rest you descant trimmely as you thinke in the Newes from Ipswich on my Lord of Canterbury with your Arch-pietie Arch-charitie if Belzebub himselfe had beene Arch-Bishop Arch-Agent for the devill and such like to those A most triumphant Arch indeed to adorne your victories His costly and magnificent enterteinment of the king at Oxford you cry out against in your sayd Pulpit libell for a scurrilous enterlude made in disgrace of that which is the greatest beauty of our religion to wit true pietie and learning and will him in this shrift to confesse how unseemely it was for him that pretendeth to succeed the Apostles p. 49. You taxe a certaine speech of his as most audacious and presumptuous setting his proud foote on the kings lawes as once the Pope did on the Emperours necke p. 54. in marg and tell him that the best Apologie hee can make is that his tongue did runne before his wit and that in the flames of his passion he had sacrificed his best reason and loyaltie p. 55. You tell us also that the republishing of the booke for sports with some addition was the first remarkable thing which was done presently after the Lord of Cant. did take possession of his Grace-shippe pag. 59. that with his right hand hee is able to sweepe downe the third part of the starres in heaven p. 121. Having a Papall infallibility of spirit whereby as by a divine oracle all questions in religion are finally determined pag. 132. However in your generall charges I left you to runne riot and disperse your follies according as you would your selfe yet now you are fallen on a particular and a particular as eminent in vertue as hee is in place you may perhaps
the act it selfe to be invested in the Queene the said Episcopall authority remaining as it did and standing on the selfe same grounds as it had done formerly Which said the last part of the Argument touching the oath of supremacie taken and to be taken by every Bishop that 's already answered in the Premisses the said oath being onely framed for the abolishment of all forreine and extraordinary power not for the altering of the ordinary and domesticall jurisdiction if I so may call it in this Church established I hope the Prelates are now out of danger of the Premunire which you threatned them though you not out of danger of the Locrian law And if K. Edward the 6. helpe you not I know no remedie but that according to your owne conditions the executioner may be sent for to doe his office Now for K. Edward the 6. the case stood thus King Edward being a Minor about nine yeares old at his first comming to the crowne there was much heaving at the Church by some great men which were about him who purposed to inrich themselves with the spoyles thereof For the effecting of which purpose it was thought expedient to lessen the authoritie of those Bishops which were then in place and make all those that were to come the more obnoxious to the Court upon this ground there passed a statute 1 0 of this King consisting of two principall branches whereof the first tooke off all manner of elections and writs of Conge d'peslier formerly in use the other did if not take off yet very much abate the edge of Ecclesiasticall censures In the first branch it was enacted that from thenceforth no writ of Conge d' peslier be granted nor election of any Archbishop or Bishop by Deane and Chapter made but that the king may by his letters Patents at all times when any Arch-bishopricke or Bishopricke is voyde conferre the same on any whom the king shall thinke meete The second clause concerned the manner of proceeding from that time to be used in spirituall courts viz. that all summons Citations and other processe Ecclesiasticall in all suites and causes of instance and all causes of correction and all causes of bastardie or bigamie or de jure patronatus Probates of Testaments and Commissions of administrations of persons deceased c. be made with in the name and with the stile of the king as it is in writs Originall or Iudiciall at the Common Law c. As also that no manner of person or persons who hath the exercise of Ecclesiasticall jurisdiction use other seale of jurisdiction but wherein his majesties Armes bee ingraven c. on penaltie of running in his Majesties displeasure and indignation and suffering imprisonment at his will and pleasure The reason of this order is thus delivered in the Preamble To the second branch viz. because that all authoritie of jurisdiction spirituall and temporall is derived and deducted from the kings Majestie as supreame head of these Churches and Realmes of England and Ireland c. and that all Courts Ecclesiasticall within the said two realmes bee kept by no other power or authoritie either forreine or within the Realme but by the authoritie of the kings most excellent Majestie Which Act with every branch and clause thereof was afterwards repealed 1 of Queene Marie cap. 2. and hath stood so repealed to this very time For howsoever you pretend and all your fellow libellers insist upon it that the said statute was revived in the first yeare of K. Iames of blessed memorie and therefore that you are yet safe from the Locrian law yet this pretence will little helpe you That their assertion or pretences if examined rightly will proove to be a very poore surmise invented onely by such boutefeus as you and your Accomplices to draw the Prelates into obloquy with the common people and make your Proselytes beleeve that they usurpe a power peculiar to his sacred Majestie it being positively delivered by my Lords the Iudges with an unanimous consent and so declared by my Lords chiefe Iustices in the Starre-chamber the 14 of May now last past that the sayd Act of Repeale 1 of Queene Mary doth still stand in force as unto that particular statute by you so much pressed your desperate clamours unto the contrary notwithstanding Nor doth there want good reason why the said Statute of K. Edward was at first repealed or why the said Repeale should bee still in force For being it was enacted in that Statute that from thenceforth all Ecclesiasticall processe should bee made in the kings name and stile not onely in all suites or causes of instance bastardy bigamie Probates of Testaments c. which have much in them of a civill or a mixt nature at the lest but in all causes of correction also it came to passe that excommunication and other censures of the Church which are spirituall meerely in no sort civill were therby either quite abolished or of none effect And it continued so all King Edwards reigne to the no small increase of vice because it nourished a presumption of impunitie in the vicious person This Father Latimer complaineth of in his sermon preached before that King at Westminster Anno 1550. thus Lecherie is used throughout England and such Lechery as is used in none other place of the world And yet it is made a matter of sport a matter of nothing a laughing matter and a trifle not to be passed on nor reformed c. Well I trust it will one day be amended c. And here I will make a suite to your highnesse to restore unto the Church the discipline of Christ in excommunicating such as be notable offenders nor never devise any other way For no man is able to devise any better way than that God hath done with excommunication to put them from the congregation till they bee confounded Therefore restore Christs discipline for excommunication And that shall be a meane both to pacifie Gods wrath and indignation and also that lesse abomination shall be used than in times past hath beene and is at this day I speake this of a Conscience and I meane to move it of a will to your Grace and your Realme Bring into the Church of England open discipline of Excommunication that open sinnes may be stricken withall So farre Father Latimer What thinke you sir of this See you not reason for it now why your sayd Statute was repealed and why the sayd repeale should continue still Put all that hath beene sayd together and I can see no hopes you have to scape the penaltie of the Law by your selfe proposed but that you cry peccavi and repent your follies So farre in answere to your Cavils for Arguments I cannot call them I have beene bold to justifie the proceedings of the Bishops in their Courts Episcopall wherein there is not any thing that they usurpe upon the King or that authoritie which is inseparably annexed to the Regall diademe For
or if he had a sentence to reverse that also Or if you will not trouble your selfe in thinking of it will you be pleased to heare what our late Soveraigne King James hath observed therein If saith he Prohibitions should rashly and headily be granted then no man is the more secure of his owne though he hath gotten a sentence with him for as good have no law or sentence as to have no execution thereof A poore Minister with much labor and expence having exhausted his poore meanes and being forced to forbeare his studie and to become non-resident from his flocke obtaines a sentence and then when he lookes to enjoy the fruites thereof he is defrauded of all by a Prohibition And so he is tortured like Tantalus who when he hath his Apple at his mouth that he is gaping to receive it then must it be pulled from him by a Prohibition and hee not suffered to taste thereof So farre the Royall Advocate hath pleaded the poore Clergies cause And did he nothing as a Judge Yes he declared it to be his Office to make every Court containe himselfe within his own limits and thereupon admonished all other Courts that they should be carefull every of them to containe themselves within the bounds of their owne jurisdictions the Courts of Common law that they should not be so forward and prodigall in multiplying their Prohibitions But you will say perhaps that your exception lieth against the stopping of the course of Prohibitions not so much if at all in reall as in personall actions and that you are offended only because by this meanes the Kings Innocent Subjects are not relieved as you and Mr. Prynne once were from the unjust oppressions of the Courts Ecclesiasticall and High Commission Why what 's the matter There is you tell us a great persecution in the Church and many a faithfull godly Minister hath beene of late suspended from his ministery and outed of his benefice by the Prelates in the Courts aforesaid no remedy being to be had as in former times from the Common Law For as the common rumor goeth at least you make a rumour of it the course of Justice is stopped in these cases there being none dares open his mouth to pleade a cause against the Prelates So you in your addresse to my Lords the Judges p. 29. For an example of the which as well the persecution as the want of Remedie you instance in the Ministers of Surrey who are suspended of their ministerie and outed of their meanes and freeholds against all law and conscience yet are so disheartned and over-awed that they dare not contend in law against their Prelate the Lord Bishop of Winton for feare of further vexations and are out of hope of any faire hearing in an ordinary legall way p. 70. of your Pasquill What want of remedie can you or they complaine of if they have not sought it or rather if their conscience tell them and those with whom they have advised advertise them that in such cases as this is the Judges cannot by the law award a Prohibition if they should desire it Doe you conceive the case aright If not I will take leave to tell you His Maiestie having published his Declaration about lawfull pastimes on the Sunday gives order to his Bishops that publication thereof be made in all their severall diocesses respectively The Bishops hereupon appoint the Incumbent of every Church to read the booke unto the people that so the people might the better take notice of it and finding opposition to the said appointment made by some refractory persons of your owne condition presse them to the performance of it by vertue of that Canonicall obedience which by their severall oathes they were bound to yeeld unto their Ordinaries But seeing nothing but contempt and contempt upon contempt after much patience and long-suffering and expectation of conformitie to their said appointment some of the most pervers amongst them have in some places beene suspended aswell a benificio as officio for an example to the rest No man deprived or outed as you say of his meanes and livelihood that I heare of yet This is the Case Which being meerly Ecclesiasticall as unto the ground being a contempt of and against their Ordinarie and meerely Ecclesiasticall as unto the Censure which was suspension I cannot see what remedie you can find for them amongst the Lawyers but that which every man might give them good and wholsome Counsaile And call you this a persecution when a few refractarie persons are justly punished in a legall way for their disobedience For howsoever they and you pretend that the Command was contrary to the Law of God and could not be performed with a safe conscience yet this was onely a pretence their reading of the booke had the Contents thereof displeased them being no more an Argument of their approbation of any thing therein contained then when a Common Crier reades a Proclamation which perhaps he likes not It must be therefore some Association had and made amongst them to stand it out unto the last and put some baffle or affront on that authoritie which had imposed it Such also is the persecution doubtlesse which you so complaine of in the two whole Counties of Norfolke and Suffolke where in a very short space as you say there hath beene the foulest havock of Ministers and their flocks c. as ever our eyes have seene there being already as you tell us 60 Ministers suspended and betweene 60. and 80. more having had time given them till Christ-tide take head of Christmasse by all meanes by which time as you say they must either bid their good conscience fare-well or else their pretious Ministery and necessary meanes In all Queene Maries time no such havock made in so short a time oâ— the faithfull Ministers of God in any part of yea or in the whole land p. 65. The same is also told us in the Newes from Ipswich Nay more then so you tell us how one or two godly Ministers some of your Associates were threatned by Docter Corbet Chancellor of that diocesse with Pistolling and hanging and I know not what because they had refused to read His Majesties Declaration about lawfull sports In this you doe as shamefully belie the Chancellor as you have done the Bishop in all the rest of whose proceedings in that diocesse I will present you with a short account that you may see how grosly you abuse the world And first you may be pleased to know that the Clergie of that Diocesse comprehending all that are in spirituall dignitie or office and all Parsons Vicars Curates and Schoole-masters taking in the Lecturers with all amount unto the number of 1500. or thereabouts So that in case there had beene 60. of that Fifteene hundred suspended by the Bishop as you say there were had this beene such a terrible persecution as you give it out for But yet it is not so as you tell us
neither For at the beginning of November when you Preached that Pasquil of the Fifteene hundred there were not twice fifteen that 's not halfe your number involved in any Ecclesiasticall censure of what sort soever and not above sixteene suspended Sixtie and sixteene are alike in sound but very different in the number and of those sixteene eight were then absolved for a time of further triall to be taken of them and two did voluntarily resigne their places so that you have but six suspended absolutely and persisting so Now of the residue there was one deprived after notorious inconformitie for 12. yeeres together and finall obstinacie after sundry severall monitions eight excommunicated for not appearing at the Court and foure inhibited from preaching of the which foure one by his education was a Draper another was a Weaver and the third was a Taylor Where are the 60. now that you so cry out of I have the rather given you this in the particulars which were collected faithfully unto my hands out of the Registerie of that Diocesse that you and other men may see your false and unjust clamours the rather because it was related to me by a friend of mine in Glocestershire that it went current there amongst your Brethren that your said 60. were suspended for no other cause then for repeating the doxologie at the end of the Lords Prayer So for your other number betweene 60. and 80. suspended upon day till Christmasse or Christide as you please to phrase it upon examination of the Registers there appeare but eight and those not all suspended neither two being Excommunicated for not appearing Eighty and Eight doe come as neere in sound as Sixtie and Sixteene before but differ more a great deale in the Calculation And so much for the grand persecution in the Diocesse of Norwich How doe you find it pray you in other places Why more or lesse say you over al the Kingdom For you complaine as truly but more generally p. 27. that many Godly Ministers in these dayes are most unjustly illegally yea and incanonically also in a most barbarous and furious manner suspended excommunicated outed of their livings and deprived of all livelihood and means to maintaine themselves How just soever the cause be on the Prelates part and that there be no other means to bring things to right there where the Orders of the Church are so out of order then by the exemplary punishment of the most pervers to settle and reduce the rest yet persecution it must be if you please to call it so Such Innocent people as your selfe that runne point-blanck against the Orders of the Church cannot be censured and proceeded with in a legall way but instantly you cry out a Persecution But thus did your Fore-fathers in Queene Elizabeths time et nil mirum est si patrizent filij CHAP. VI. The foure first Innovations charged by H. B. upon the Bishops most clearely proved to be no Innovations Eight Innovations charged upon the Bishops by H. B. King James his order to young Students in Divinity made an Innovation in point of doctrine the reason of the said order and that it was agreeable to the old Canons of this Church Another Order of King James seconded by his Majesty now being with severall Bookes of private men made an Innovation of the Bishops No difference betweene the Church of Rome and England in Fundamentalls Private opinions of some men made Innovations in point of doctrine The Pope not Antichrist for any thing resolved by the Church of England The doctrine of Obedience and of the Sabbath not altered but revived explained and reduced to what it was of old No Innovation made in point of discipline A generall view of Innovations charged upon the Bishops in point of worship Bowing at the Name of Jesus praying towards the East and adoration towards the Altar no new Inventions not standing up at the holy Gospel Crosse-worship falsely charged upon the Bishops No Innovation made by the Bishops in the civill government The dignity and authority of the High-Commission AS is the persecution such are the Innovations also which you have charged upon the Bishops both yours and so both false alike Yet such a neat contriver are you that you have made those Innovations which you dreame of the cause of all that persecution which you so cry out of For in your Pasquil it is told us that we may see or heare at the least of oâ—d heaving and shoving to erect Altar-worship and Jesu-worship and other inventions of men and all as is too plaine to set up Popery againe and for not yeelding to these things ministers are suspended excommunicated c. pag. 25 And pag. 64. you ground the persecution as you call it in the Diocesse of Norwich upon the violent and impetuous obtruding of new Rites and Ceremonies monies You call upon the Bishops by the name of Iesuiticall novell Doctors to blush and be ashamed and tell them that they doe suspend excommunicate and persecute with all fury Gods faithfull ministers and all because they will not they may not they dare not obey their wicked commands which are repugnant to the lawes both of God and man p. 81. If this be true if those that bee thus dealt with bee Gods faithfull ministers and the commands imposed upon them so wicked as you say they are contrary to the lawes both of God and man and tending so notoriously to set up Popery againe you have the better end of the staffe and will prevaile at last no question Meane while you have good cause as you please to tell us to comfort your selfe and blesse the name of God in that he hath not left himselfe without witnesse but hath raised up many zealous and couragious champions of his truth I meane faithfull ministers of his word who chuse rather to lose all they have then to submit and prostitute themselves to the wicked unjust and base commands of usurping Antichristian mushromes their very not yeilding in this battel being a present victory p. 83 But on the other side if the commands of the Superior be just and pious agreeable to the orders of the Church and all pure antiquity then are your godly faithfull ministers no better then factious and schismaticall persons and you your own deare self a seditious Boutefeiu so to incourage and applaud them for standing out against authority This we shall see the better by looking on those Innovations which as you say The Prelates of later dayes have haled in by head and shoulders being besides and against the law of the land and much more the law of God p. 111. These you reduce to these eight heads viz. 1. Innovation in doctrine 2. in discipline 3. in the worship of God 4. in the Civill government 5. in the altering of bookes 6. in the meanes of knowledge 7. in the rule of faith and 8. in the Rule of manners It is a merry world mean-while when you